October 8, 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 and Council Members Robert W. Carling and Bob Coomber. Vice Mayor Bob Woerner arrived at 6:01 pm; Council Member Steven Spedowfski arrived at 6:12 pm.

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

ADJOURN TO CLOSED SESSION

1. Conference with Labor Negotiator, Joint Powers Agency Confidential Information. To meet with Administrative Services Director Douglas Alessio, the City's negotiator, pursuant to Government Code sections 54957.6, and 54956.96 regarding negotiations with The International Association of Firefighters, Local 1974, AFL-CIO-CLC.

2. Conference with Real Property Negotiator. To meet with Paul Spence and Eric Uranga, City negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property located at 5658 Doolan Road, APN 905-0003-012-00. The City negotiators may negotiate with Cathy Brent, of Brookshire Hathaway, on behalf of Keith W. Olson and Barbra P. Olson. The instructions will concern price and terms of payment.

3. Conference with Real Property Negotiator. To meet with Paul Spence and Steve Stewart, the City's negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease portions of the real property at Assessor's Parcel Numbers 098-0289-018-00, 098-0289-019-00, 098-0289-020-00, and 098-0289-002-01. The City negotiators may negotiate with Michael Madden on behalf of Red Bear Property Management, Inc. The instructions will concern price and terms of payment.

4. Litigation - Conference with Legal Counsel. To meet with the City Attorney pursuant to Government Code section 54956.9(d)(4) to discuss whether to initiate litigation. (Three cases)

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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 7:03 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 Robert W. Carling, Bob Coomber, and Steven Spedowfski.

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

Mayor Marchand said the item would be continued to a future meeting.

3.

CITIZENS FORUM

Kaitlyn Smith, Livermore, spoke regarding a presentation she would be making at her school regarding elections.

David McGuigan, Livermore, spoke regarding photographs of tire skid marks relating to a traffic incident and questioned the Mayor's leadership.

David Rounds, Livermore, expressed concerns regarding the number of housing units in the Downtown site and supported a west-side hotel.

In response to questions by VM Woerner, City Manager Marc Roberts said the Council had not insisted on a number of housing units at the Downtown site; rather, many factors had been balanced to form the current plan with 130 units. VM Woerner noted that the number of units had dropped throughout the plan's development.

Victoria Cristobal, Spectrum Community Services, expressed appreciation to those who contributed to the success of the recent Meals on Wheels fundraiser and said more volunteers were needed.

John Stein, Livermore, suggested incorporating landscape designs to capture rainfall in the Downtown; spoke regarding BART's land use control within one-half mile of their stations; and suggested acquiring open land in North Livermore.

Karl Wente, Livermore, spoke regarding California's referendum process and said people were breaking the law, referring to statements from petition circulators and defacement of campaign signs.

Jacob Anderson, Livermore, spoke in support of the Downtown plan and the City Council; and said he was tired of lies from the Friends of Livermore.

Jeff Kaskey, Livermore, said the minimum number of units required in the Downtown site without having to pay back $14 million was 84; he suggested using the windfall to improve the plan.

City Attorney Jason Alcala responded to questions from the Council regarding housing units in the Downtown project, saying 130 units on the downtown site would not satisfy the $14 million purchase of the site due to an obligation from the affordable housing fees paid into the project.

In response to questions by Mayor Marchand regarding how to address deliberate misrepresentation of facts by referendum petition circulators, Mr. Alcala said complaints could be submitted to the district attorney.

4.

CONSENT CALENDAR

Item 4.01 Karl Wente, Livermore, spoke regarding laws and violations.

Item 4.07 Karl Wente, Livermore, said the Council had listened during the Downtown process; he expressed appreciation for the City Council's leadership.

In response to questions by Mayor Marchand regarding Item 4.04, Human Services Program Manager Claudia Young clarified that the State had allocated a total of $24 million to various entities. She noted that the Human Services Commission would be hosting a workshop at their meeting on October 9th to discuss housing and homelessness.

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

4.01 Approval of draft minutes - September 24, 2018 regular City Council meeting.

4.02 Resolution 2018-168 determining there remains a need to continue the emergency proclamation declared on March 15, 2017 for the February 19, 2017 flood damage.

4.03 Resolution 2018-169 declaring the imminent collapse of the remainder of the Sunflower Court sound wall a local emergency requiring removal and replacement of the sound wall; authorizing execution of contracts necessary to remove and replace the sound wall; and appropriating $1,000,000 in unallocated General Funds to the Decorative Wall Replacement - Citywide, Project No. 2006-54, in Fiscal Year 2018-19.

4.04 Resolution 2018-170 declaring a shelter crisis in Livermore pursuant to Government Code §8698.2 and authorizing City participation in the Homeless Emergency Aid Program.

4.05 Resolution 2018-171 accepting for permanent maintenance and releasing of security for the Livermore Railroad Depot Relocation and Rehabilitation, Project No. 580001, Federal Aid Project No. STPL-5053(028).

4.06 Resolution 2018-172 authorizing execution of an easement deed with Pacific Gas and Electric for installation of monitoring equipment at Airway Boulevard and I-580 east off-ramp.

4.07 Resolution 2018-173 appropriating $4,200,000 from the General Fund for the Livermore Village Infrastructure, Project No. 583018, in Fiscal Year 2018-19; and authorizing execution of an agreement in substantial conformance with Ghilotti Construction Company, in the amount of $3,334,281, for construction of Phase 1 of the project.

5.

PUBLIC HEARINGS

5.01 Hearing to receive community input regarding the boundaries, composition, and sequencing of districts to be established for district-based elections for City Council Members pursuant to the Elections Code.

Recommendation: Staff recommended the City Council:

1. Hold the fourth hearing to receive community input regarding the boundaries, composition, and sequencing of districts to be established for district-based elections for City Council Members;

2. Consider configurations of the draft map alternatives and either select the final district map from those alternatives or provide additional changes to the draft maps and select that amended map; and

3. Provide direction regarding sequencing of districts in future elections.

Administrative Services Director Douglas Alessio introduced the item; consultant Michael Wagaman of Wagaman Strategies presented the draft map alternatives.

Mayor Marchand opened the public hearing.

John Stein, Livermore, said any of the maps would be acceptable; he suggested more focus on the benefits and challenges of district-based elections.

Karl Wente, Livermore, agreed with Mr. Stein's comments.

There were no more speakers and the hearing was closed.

CM Carling said his preference was Plan Lime due to compactness, followed by Plan Sage and Plan Olive; he noted the potential for negative impacts resulting from competition between districts. Mayor Marchand agreed that Council Members should represent the best interests for all of Livermore's districts.

CM Spedowfski said Plan Lime was his preference because the borders were easy to understand and neighborhoods were kept together; Plan Sage wasn't bad, but Lee Avenue was split across districts.

CM Coomber said he didn't like Plan Olive's population disparity, saying he could support either Plan Lime or Plan Sage, and noting his opposition to the transition.

VM Woerner said Plan Lime was the simplest with natural boundaries.

Mayor Marchand said Plan Lime was justifiable and made sense.

ON THE MOTION OF CM CARLING, SECONDED BY CM COOMBER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL SELECTED PLAN LIME AS THE FINAL DISTRICT MAP.

ON THE MOTION OF CM COOMBER, SECONDED BY CM SPEDOWFSKI AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL SELECTED THE SEQUENCE OF DISTRICTS 3 AND 4 IN THE 2020 ELECTION; AND DISTRICTS 1 AND 2 IN THE 2022 ELECTION.

5.02 Hearing to consider an ordinance amending various provisions and definitions in Chapters 6 and 11 of the Livermore Development Code, pertaining to Wireless Communication Facilities. Consideration of resolutions to adopt Standard Conditions of Approval and Design Guidelines for Wireless Communication Facilities, as stated within the revised ordinance.

. Location: Citywide

. Site Area: Various

. Applicant: City of Livermore

. Application Number: Development Code Amendment (DCA) 18-005

. Public improvements: None

. Zoning: Various

. General Plan: Various

. Historic Status: None

. CEQA: This project is statutorily exempt under the provisions of the California Environmental Quality Act (CEQA), under Public Resources Code section 21065, the adoption of a development review process for wireless communications facilities is not a "project" under CEQA and/or is exempt under 15061(b)(3).

Recommendation: The Planning Commission and staff recommended the City Council:

1. Adopt a resolution adopting standard conditions of approval for wireless communication facilities pursuant to Development Code 6.02.100;

2. Adopt a resolution adopting design guidelines for wireless facilities pursuant to Development Code section 6.02.100; and

3. Introduce an ordinance amending Development Code Section 6.02.100 (Wireless Communication Facilities), and Section 11.01.020 (Definition of Specialized Terms and Phrases), Development Code Amendment 18-005.

Consultant Michael Johnston with Telecom Law Firm presented a regulatory overview of wireless communication facilities; Senior Planner Scott Lee presented the staff report.

In response to questions by the Council, Mr. Johnston said between the four carriers, there might be approximately 60 small cell towers per square mile. He said utility poles might be 35' tall or taller; and colocation of multiple carriers on a single pole was typically limited.

Mayor Marchand opened the public hearing.

Danté Williams, Verizon Wireless, requested the ordinance be modified prior to adoption, and expressed concerns regarding the ordinance's use permits, location preferences, antenna type and size limits, and placement restrictions.

There were no more speakers and the hearing was closed.

CM Spedowfski expressed support for the staff recommendation and said he did not want to give up more local control.

In response to questions by CM Carling, Mr. Johnston said other carriers had expressed the same concerns as Mr. Williams. Mr. Alcala noted that the court had confirmed the City's ability to regulate for aesthetic purposes in the right-of-way.

In response to questions by VM Woerner regarding balancing between local control and the best designs, Mr. Johnston confirmed that the proposed regulations retained control and provided latitude to ensure things made sense.

ON THE MOTION OF CM CARLING, SECONDED BY CM SPEDOWFSKI AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS AND INTRODUCED THE FOLLOWING ORDINANCES:

Resolution 2018-174 adopting standard conditions of approval for wireless communication facilities pursuant to Development Code Section 6.02.100.

Resolution 2018-175 adopting design guidelines for wireless facilities pursuant to Livermore Development Code Section 6.02.100.

Ordinance introduced amending Livermore Development Code Section 6.02.100 (Wireless Communication Facilities), and Section 11.01.202 (Definition of Specialized Terms and Phrases), Development Code Amendment 18-005.

5.03 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 continue this item to a date to be determined.

ITEM 5.03 WAS CONTINUED TO A DATE TO BE DETERMINED.

6.

MATTERS FOR CONSIDERATION

6.01 Discussion and direction regarding the 2018 National Citizen SurveyT.

Recommendation: Staff recommended the City Council provide direction regarding the inclusion of specific, closed-end policy questions in the upcoming National Citizen SurveyT, which is scheduled for data collection November through December 2018.

Deputy City Manager Christine Martin presented the staff report.

CM Carling suggested adding survey questions about housing and homelessness.

The City Council discussed developing questions surrounding community support for an infrastructure replacement bond or parcel tax supporting the arts, noting that funding measures for specific projects required background information and those types of questions could be asked in a separate survey and in coordination with intergovernmental agencies.

CM Spedowfski suggested a question regarding new transportation technologies and subsidizing alternative forms of transportation such as discounts for Uber, Lyft, and taxi companies. He spoke regarding the future impact of driverless cars and the need for more passenger drop-off points.

CM Carling suggested expanding the housing question to include workforce-type housing rather than just focusing on homelessness; VM Woerner agreed.

THE CITY COUNCIL DIRECTED STAFF TO DEVELOP QUESTIONS REGARDING ALTERNATIVE TRANSPORTATION; CITY EFFORTS TO ALLEVIATE HOMELESSNESS; AND SUPPORT FOR PRODUCTION OF LOW- AND MODERATE-INCOME HOUSING.

6.02 Discussion and direction regarding Update on Fiscal Years 2017-19 City Council Goals and Priorities.

Recommendation: This report is for information only; no action is required.

City Manager Marc Roberts presented the report.

The City Council expressed appreciation for the large volume of work that had been accomplished with a small staff.

THE CITY COUNCIL RECEIVED THE REPORT.

THE CITY COUNCIL RECESSED FROM 9:20 - 9:30 PM.

6.03 Disaster preparedness update.

Recommendation: This report is for information only; no action is required.

Emergency Manager Herbert Cole presented the report.

CM Carling suggested offering CERT training in Spanish to increase engagement with Hispanic populations.

In response to questions by VM Woerner regarding City staff participating in or observing real EOC operations, City Manager Marc Roberts described the City's plans to activate the EOC during a local event and said it was an interesting question.

Mayor Marchand noted the importance of amateur radio operators during emergencies and said one of the justifications for the East Bay Regional Communications System Authority was intercommunication.

THE CITY COUNCIL RECEIVED THE REPORT.

6.04 Homeless strategies update.

Recommendation: This report is for information only; no action is required.

Human Services Program Manager Claudia Young presented the report.

CM Spedowfski spoke regarding regional efforts to address homelessness and suggested surveying all faith-based organizations to identify services and possible partnerships, or creating a database that included information for all three cities. He said the City's role was to connect organizations and coordinate resources.

In response to questions by CM Spedowfski, Ms. Young described development of a homelessness community group to share information with faith-based organizations and create a comprehensive list. Assistant Community Development Director Eric Uranga noted that the Vineyard 2.0 project included a large service component with outreach to members across the spectrum of faith-based community members.

VM Woerner spoke regarding the need to let the community know the extent of efforts relating to homelessness. He said it might be helpful to have trend data over time to identify total resources, where resources were going, and progress.

Mayor Marchand spoke regarding regional spending on homelessness and noted that of seven facilities in the five Tri-Valley cities, all seven were located in Livermore. He said there was public perception that Livermore attracted people experiencing homelessness as services were provided here; however, no other city was stepping up to meet the need. He suggested hosting another summit on homelessness and initiating another homeless survey.

In response to questions by VM Woerner, Ms. Young said staff could provide data in June 2019, which was the end of the program year.

VM Woerner suggested establishing a City Council ad-hoc subcommittee on homelessness. In response to questions by Mayor Marchand, City Attorney Jason Alcala said a subcommittee should identify the membership, subject matter, and duration the committee.

THE CITY COUNCIL RECEIVED THE REPORT AND DIRECTED STAFF TO RETURN WITH AN ITEM REGARDING ESTABLISHING A HOMELESSNESS SUBCOMMITTEE.

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-Amador Valley Transit Authority (LAVTA) CM Coomber said he attended the October board meeting.

League of California Cities (LOCC) CM Carling said he attended the annual meeting in Long Beach where there was discussion regarding housing. He expressed concerns regarding the haves and have-nots in Livermore in relation to the referendum.

Request to The Independent CM Spedowfski spoke regarding articles in the newspaper containing misinformation drawn from public comment; he requested that The Independent accurately reflect staff responses or contact staff or Council Members for a quote about the issue.

Referendum Petition Signature Gatherers CM Spedowfski expressed concerns regarding lies and harassment by petition signature gatherers, saying the Friends of Livermore had not attempted to address the issue.

Transportation Forum Mayor Marchand said he participated in the regional transit panel on October 3, 2018.

Annual Airport Open House & Air Show Mayor Marchand said he attended the event on October 6, 2018.

Alameda County Transportation Commission (ACTC) Mayor Marchand attended the meeting where there were updates regarding I-580 and I-680.

Planning Policy and Legislative Committee Mayor Marchand said he attended the meeting and noted that while Livermore had some of the best roads in the county, there were over 1,000 miles of failing roads in Alameda County. He said if Proposition 6 passed, the City would lose approximately $2 million per year in local funds for roads and paving.

Airport Minimum Standards Mayor Marchand spoke regarding an incident at the airport where the Fixed Based Operator (FBO) ran out of fuel. He requested and received consensus from the Council for a written report revisiting the Airport minimum standards.

8.

ADJOURNMENT - at 10:34 pm to a special City Council meeting closed session on October 15, 2018, at 6:30 pm, Cabernet Room, City Adminstration Building, 1052 S. Livermore Avenue, and to a regular City Council meeting on October 22, 2018 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

SARAH BUNTING, CITY CLERK