October 10, 2016

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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 7:02 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

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

1.02 PLEDGE OF ALLEGIANCE

2.

PROCLAMATIONS AND PRESENTATIONS

2.01 Proclamation honoring the 50th Anniversary of the Livermore Cultural Arts Council.

Mayor Marchand presented the proclamation to Livermore Cultural Arts Council President Lynn Seppala.

3.

CITIZENS FORUM

John Stein, Livermore, spoke regarding various issues including a potential shade structure at Shea Plaza, a plaza at Mill Springs Park, the airport protection area, and the residential development at Isabel.

Robert Allen, Livermore, requested the City Council ask Livermore Amador Valley Transportation Authority to consider an express bus route between the Airway Park-and-Ride and the Dublin-Pleasanton BART station during commute hours.

Jeff Kaskey, Livermore, spoke regarding the proposed downtown development and said there were many flaws. He said there needed to be more community engagement.

Jason Bezis, Lafayette, requested the City Council reconsider the decision made at the September 26, 2016 meeting regarding the demolition of the Wagoner Winery.

Todd Wassen, Livermore, spoke regarding reconsideration of development in the downtown and the importance of preserving the community environment.

Alan Burnham, Livermore, spoke regarding Zone 7's proposed water rates.

David McGuigan, Livermore, continued speaking regarding his arrest by Livermore Police.

In response to questions by Mayor Marchand, Mr. McGuigan said he was charged with driving under the influence and injuring a pedestrian.

Nancy Bankhead, Livermore, said Livermore had two pumpkin patches that were open the entire month of October.

David Wetmore, Little League Intermediate World Series, spoke regarding the success of the event and presented the City Council with memorabilia.

Andrew Barker, Livermore, spoke regarding the Housing Development Tool Kit released by the White House regarding local land use and development issues. He said the report called for more affordable housing.

Gina Coomber, Livermore, spoke regarding the evolution of the proposed downtown development and the proposed moratorium.

Singh, spoke regarding the legality of food trucks parked outside his restaurant on Wright Brothers Avenue and the negative effects it was having on his restaurant.

Jean King, Livermore, said there should be community input regarding the proposed City Meeting Hall/Council Chamber and the $5 million slated for that project should be spent on the downtown.

In response to questions by Mayor Marchand, Community Development Director Paul Spence said the Council Chamber was continuously used approximately 80% of the time by a wide variety of groups and not just four times a month by Council and Planning Commission.

Ann Lopez, Livermore, spoke in support of Item 6.01.

Esther Ann Waltz, Livermore, spoke regarding Proposition 62 on the November ballot and said medicinal and recreational marijuana should be kept separate.

Connie Kopps, Livermore, expressed concerns regarding the motive for placing Measure FF on the November ballot.

In response to questions by Mayor Marchand, City Manager Marc Roberts said decisions made by Council were required to be made by an agendized item and in a publicly noticed open meeting. He said Springtown had been under discussion for the past forty years when the City first purchased the failing golf course from the developer. He said Measure FF was the continuation of many City Councils' concerns regarding providing adequate open space and appropriate facilities.

Sandra Grafroth, Livermore, spoke regarding the proposed downtown project and said the proposed Council Chamber should not be market driven.

4.

CONSENT CALENDAR

4.02 Connie Kopps, Livermore, questioned the motives for the preservation of the open space.

In response to questions by Mayor Marchand, City Attorney Jason Alcala said the motive for the measure was to preserve the land as open space and to prevent development without approval by another ballot measure. He said all of the related and supporting documents were on file in City offices and at the County Recorder's office.

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

4.01 Approval of Minutes - August 1 & 8, 2016 City Council/Planning Commission special meeting workshop; and the September 12, 2016 regular City Council meeting.

4.02 Adoption of Ordinance 2041 amending the Municipal Code to add Section 12.75 to provide regulations and enforcement for the Springtown Open Space Regulations.

4.03 Adoption of Ordinance 2042 deleting Municipal Code Chapter 5.22, Tow Car Services, and replacing it with Chapter 5.44, Police Tow Service Franchises.

4.04 Resolution 2016-129 authorizing execution of an agreement with GradeTech, Inc., in the amount of $68,388 and approving supplemental appropriation of funds in the amount of $111,000 for demolition of the building located at 1105 West Jack London Blvd. Project No. 2015-13.

4.05 Resolution 2016-130 authorizing execution of the first amendment to the Engineering Design Services Agreement with Ruggeri-Jensen-Azar, to increase the not to exceed amount from $600,000 to $1,200,000, for on-call surveying, environmental permitting, and right-of-way services.

4.06 Resolution 2016-131 authorizing concurrent consideration of General Plan Amendment 16-003 and Zoning Map Amendment 16-003, which will be reviewed with Tentative Parcel Map 10589 (Subdivision 16-015); Site Plan Design Review 16-015; Certificate of Appropriateness 16-007; and Housing Implementation Program 16-003 for a proposed residential development on a 2.1± acre site. Location: 4260 First Street.

4.07 Resolution 2016-132 authorizing destruction of certain City records no longer needed or required for City business.

5.

PUBLIC HEARINGS

5.01 Hearing to consider increasing the Affordable Housing In-Lieu Fee. In accordance with changes to the City's Affordable Housing For-Sale Prices, and current market-rate housing prices, the City's Affordable Housing In-Lieu Fee would increase from $11.65 to $19.95 per square foot pursuant to the City's Affordable Housing Fee Ordinance.

Recommendation: Staff recommended the City Council continue this item to a date to be determined.

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

6.

MATTERS FOR CONSIDERATION

City Attorney Jason Alcala said CM Woerner had recused himself from participation in discussions regarding this item due to his employment with Pacific Gas & Electric.

6.01 Update on the Alameda County Community Choice Aggregation Energy Program. Presented by Bruce Jensen of Alameda County and Seth Baruch of Carbonomics, LLC.

Recommendation: Staff recommended the City Council receive the update.

Public Works Manager Judy Erlandson presented the staff report. Bruce Jensen, Alameda County, and Seth Baruch, Carbonomics, LLC, presented the update.

In response to questions by VM Gary, Mr. Baruch said they would develop several community outreach efforts; the opt-out provision was state law, and the program was making best efforts to answer all questions.

VM Gary suggested staff form a small task force comprised of community members to review and analyze all of the technical materials related to this program. He said it was important to have the energy committee review all the information during the research and development stage.

In answer to questions by CM Spedowfski, Mr. Baruch said if greenhouse metrics were not met, if price metrics were not met, or if the utility market went screwy, then the jurisdictions could vote to leave the Joint Powers Agency without any penalty.

In response to questions by Mayor Marchand, Mr. Baruch said there was an opt-out clause that included a monetary cost for jurisdictions for after the program launched. Mr. Jensen explained the time frame for a jurisdiction to judge whether the program was effective or not and to opt-out.

Mayor Marchand invited public comment.

Eloise Hamann, Organizing for America, spoke in support of the item.

There were no more speakers.

THE CITY COUNCIL RECEIVED THE REPORT AND DIRECTED STAFF TO EXPLORE FORMATION OF AN ENERGY COMMITTEE OF COMMUNITY MEMBERS TO REVIEW THE ALAMEDA COUNTY COMMUNITY CHOICE AGGREGATION ENERGY PROGRAM.

CM Woerner rejoined the meeting.

6.02 Adoption of an interim ordinance urgency measure imposing a temporary moratorium prohibiting the issuance of land use entitlements for new residential development that would result in an increase of four or more dwelling units in the Downtown Specific Plan area, for such entitlement applications not deemed complete prior to October 10, 2016.

Recommendation: Staff recommended the City Council adopt the interim ordinance urgency measure.

Assistant to the City Manager Christine Rodrigues presented the staff report.

Mayor Marchand invited public comment.

Splend Sblendorio, Innovation Tri-Valley, spoke in support of more housing in Livermore to accommodate the lack of workforce housing, expressed opposition to the moratorium, and said the Downtown Specific Plan needed to be updated.

Calvin Wood, Livermore, spoke in support of more citizen input for the development of the downtown.

Lisa Vorderbrueggen, Building Industry Association Bay Area, spoke in opposition to the moratorium and said the Downtown Specific Plan should be reviewed and updated.

Richard Ryon, Livermore, spoke in opposition to the moratorium.

Nancy Bankhead, Livermore, spoke in opposition to the moratorium.

Jacob Schroder, Livermore, said Livermore should concentrate on building affordable housing to accommodate the needs of people already living here.

Tom Jefferson, Livermore, spoke in support of the moratorium but questioned the timing of the moratorium.

Jean King, Livermore, spoke in support of the moratorium but questioned the timing and purpose of the moratorium.

Andrew Barker, Livermore, questioned the emergency status of the ordinance.

Doug Mann, Livermore, spoke in support of the moratorium and about housing in the downtown.

William Dunlop, Livermore, spoke in opposition to the moratorium.

John Stein, Livermore, said the moratorium would reboot the process for the development of the downtown.

Nicky Neau, Livermore, spoke in support of the moratorium and in-fill housing that was reasonable and safe.

Jason Bezis, Lafayette, spoke in support of the moratorium and historic preservation.

Ana Paul Sales, Livermore, spoke in support of the moratorium and against housing in the downtown.

There were no more speakers.

In response to questions by CM Woerner, City Attorney Jason Alcala said the emergency ordinance was the exercise of police power to make ordinances and laws protect the public's health, safety, and welfare. He said under Government Code 65858, if there was an immediate threat to the public's health, safety, and welfare proposed by a project or there were impacts that needed to be addressed, the Council could adopt a moratorium. An initial moratorium was for 45 days. It was a legislative act that was granted great deference by the courts through the separation of powers. He said the threats had been identified as aesthetics, and densities if someone were to build under the current standards in the Downtown Specific Plan (DSP). The 45 days would provide for an initial review; there could be two extensions extending the moratorium for an additional 12 months.

Mr. Alcala confirmed CM Woerner's comments that a moratorium would prevent builders from developing projects under the current DSP. Without the moratorium, any project that came to the City during the period of time the DSP was being revised would be developed under the current standards. City Manager Marc Roberts said there were no other options to prevent property owners from developing their properties under the current DSP standards. Community Development Director Paul Spence said the DSP allowed up to 50 dwelling units per acre on a number of sites in the downtown which was more than what was proposed on the Livermore Village site. He reviewed the densities throughout the rest of the downtown.

In response to questions by VM Gary, Mr. Spence said the DSP allowed a maximum buildout of 3,600 units; there were less than 1,000 units built in the downtown. He said under the moratorium projects less than four units were allowed to move forward and there were two projects already in process.

In response to questions by VM Gary, Mr. Alcala said the initial moratorium would be for 45 days. The statutory procedures allowed for two extensions; the first for up to an additional 10 months and 15 days and the second for up to an additional 12 months after that. He said a moratorium could end earlier if the findings of immediate threats had been addressed. All actions related to the moratorium required a four-fifths vote.

In response to questions by CM Spedowfski, Mr. Alcala said there was no alternative to this process. The only other tool would be scheduling a time to open up the DSP with public comment.

In response to questions by Mayor Marchand, City Manager Marc Roberts said the number of units for the check back provision was 1,400 units; 2,000 units was the maximum number of allocations that was granted out of the growth management system.

VM Gary spoke regarding the discussion from the City Council/Planning Commission workshop held in 2014. He said numerous community workshops and public hearings resulted with the apparent need to update the 12-year-old DSP, traffic and environmental numbers before any further application or downsizing could occur on the City parcel. He said if a plan for the City parcel could not be handled, how could we handle parallel projects in the rest of the downtown. He spoke regarding his concerns for traffic and environmental systems and said new housing applications could not be processed until the DSP was updated. He said there needed to be a calibrated traffic and environmentally sound number of housing units and successive planning by parcel was destructive. He said it was critical to hit pause on residential. He requested a comprehensive proposal by staff to engage the community on housing in the downtown and not just the City parcel, so it could be calibrated across the remaining developable parcels. He spoke regarding the community's focus on housing and the need for an update on the DSP.

CM Turner said the City did not need a moratorium. She said she voted no on CM Spedowfski's motion to cut the number of units by one-half (August 1 and 8, 2016) because she did not have enough information and did not want to be held to a specific number for housing. She said the right number for that one block might be none, or 55, and said she needed more information from staff. She had listened to the hundreds of members of the community saying they don't want anything on that parcel and others saying they wanted a lot. There was not enough information and she noted that community engagement goes both ways. She said the numbers of units in the downtown were no longer needed to support a regional theater. She said the findings to support the state of emergency of the moratorium were not there and supported updating the DSP. She said all sides needed to work together to develop the downtown.

CM Spedowfski said he wanted to make clear that his original motion at the August 8, 2016 workshop was 50% or less. He said that motion was based on the outpouring of opposition to that amount of density and by his asking the developer if reducing the housing by one-half would they walk away and their response was no. He said the findings to support the moratorium were not there and he wished there was another method. He said the DSP needed to be restarted and reviewed comprehensively.

CM Woerner said he understood that the City had the discretion and authority to establish the moratorium and the DSP needed to be redone. He said updating the DSP was a significant undertaking that would take a long time and without the moratorium the City was taking a great risk. He urged consideration of this risk as the moratorium was the only option the City had. He said without the moratorium the City was going down a path of piecemeal thinking and it would not end in a good place. He spoke in support of adopting the emergency ordinance for the moratorium.

Mayor Marchand said the Council had heard very clearly from the community that traffic was a concern; there was too much traffic and congestion and traffic was a safety issue. He said the moratorium was needed for the City to hit pause and reconsider the DSP. He spoke regarding the development of the General Plan and stated that the DSP had been considered separately and said there had been numerous reboots through the years. He said the DSP was the most intensely developed part of the City. He said the same people against housing in the Downtown had favored over 400 units on the same site to wrap around a 2,000-seat regional theater. At the August workshop, people had said they wanted parking now and didn't want to wait years for planning. He spoke regarding market-driven plans and how the Council had to present feasible and sustainable project plans and not artist's rendering. He spoke regarding transparency and the public process of the City's plan. He said it was appropriate for the City to implement a moratorium to stay ahead of the process and stop new applications from coming in, to hit pause and reboot the DSP and then set up a process. He said the current DSP was based on input received from the community at that time; now the same community had changed its mind. He spoke in support of the moratorium to allow the process to pause, receive more public input, and update the DSP.

IT WAS MOVED BY VM GARY, SECONDED BY CM WOERNER TO ADOPT THE INTERIM ORDINANCE URGENCY MEASURE.

There was further Council discussion. Mayor Marchand called for the vote.

THE MOTION FAILED ON A 3-2 VOTE (CM SPEDOWFSKI AND CM TURNER VOTING NO). A FOUR-FIFTHS VOTE WAS REQUIRED TO ADOPT THE URGENCY MEASURE.

6.03 Update on the Host Community Impact Fee Reserve policy and Livermore Valley Performing Arts Center (LVPAC) compliance with the sublease and operating agreement for the Bankhead Theater.

Recommendation: Staff recommended the City Council receive the report.

Administrative Services Director Douglas Alessio presented the staff report.

In response to questions by Mayor Marchand, Mr. Alessio said the project cost of asset replacement did not include an inflation rate. He reviewed the Securities Industry and Financial Market Association rate and verified that in his opinion, the Host Community Impact Fee reserve was not adequate. He said the sub-lease called for LVPAC to begin a capital reserve in 2018.

Mayor Marchand invited public comment.

Scott Kenison, Executive Director, Livermore Valley Performing Arts Center, said many of LVPAC's supporters were also supporters of Friends of Livermore. He said he was confident that by the end of 2016 the Bankhead Theater would be in the black. He said there were over 900 members which was a historic high.

Joan Seppala, Livermore, spoke regarding a proposed 299-seat theater, hotel, and conference center.

VM Gary and CM Woerner spoke regarding the process and efforts made by the City to ensure the continued operation of the Bankhead Theater.

THE CITY COUNCIL RECEIVED THE REPORT.

6.04 Discussion and direction regarding the Water Policy Roundtable recommendations and a Potable Water Reuse Feasibility Study.

Recommendation: Staff recommended the City Council adopt a resolution endorsing the recommendations of the Tri-Valley Water Policy Roundtable and authorizing the City Manager to negotiate and execute a task order for multi-agency participation and cost-sharing in a Potable Water Reuse Feasibility Study.

Public Works Director Darren Greenwood presented the staff report.

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

Resolution 2016-133 endorsing the findings of the Tri-Valley Water Policy Roundtable and authorizing the City Manager to negotiate a task order for multi-agency participation and cost-sharing in a potable water reuse feasibility study.

10:34 PM. THE CITY COUNCIL UNANIMOUSLY VOTED TO CONTINUE THE MEETING.

6.05 Update on the Fiscal Year 2015-17 City Council Goals and Priorities.

Recommendation: Staff recommended the City Council receive the report.

City Manager Marc Roberts presented the staff report.

THE CITY COUNCIL RECEIVED THE REPORT.

ON THE MOTION OF VM GARY, SECONDED BY CM SPEDOWFSKI AND CARRIED ON A 5-0 VOTE, THE MEETING WAS EXTENDED PAST 11:00 PM TO COMPLETE THE REMAINING ITEM ON THE AGENDA.

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.

Community Choice Energy Meeting CM Spedowfski said on September 28, 2016 he attended the meeting.

Livermore Amador Valley Transit Authority (LAVTA) CM Spedowfski said on October 3, 2016 he attended the Board of Directors meeting. He said there was a chance that Wheels might purchase the first buses off the Gillig line.

Livermore-Pleasanton Fire Department CM Spedowfski said on October 8, 2016 he attended the Fire Safety Expo.

CM Spedowfski said in response to Mr. Robert Allen's request made during Citizens Forum, Wheels had stated there were no buses available to implement his proposal.

Peak Democracy CM Spedowfski requested and received consensus from the City Council for staff to preview the software, designed to obtain citizen input, and report back via memo.

Livermore Flower CM Spedowfski requested and received consensus from the City Council for staff to prepare a report on the Livermore Tarweed becoming Livermore's official flower.

Transit Center CM Turner said on October 3, 2016 she commuted to work via the Transit Center and on the 580X.

League of California Cities (LOCC) CM Turner said October 5 - 7, 2016 she attended the annual conference and voted on the Safe Cities resolution.

League of California Cities (LOCC) CM Woerner said he attended the City dinner at the annual conference. There was a discussion on transportation and ways to build consensus with the various decision makers regarding getting BART to Livermore.

Food Trucks CM Woerner requested and received consensus from the City Council to follow-up on the comments made during Citizens Forum regarding the impact to existing businesses from food trucks.

Downtown Specific Plan CM Woerner requested and received consensus from the City Council for staff to outline the process for a revision of the Downtown Specific Plan and to ensure community engagement.

Governments of Livermore Financing Authority (GOLFA) VM Gary said on September 27, 2016 he and CM Woerner attended the meeting.

Livermore-Pleasanton Fire Department VM Gary said he attended the recent promotional ceremony.

Tri-Valley Cities Council Mayor Marchand said on September 28, 2016 he attended the meeting. There was a discussion on BART and an update from the League of California Cities.

Town Hall Mayor Marchand said on September 29, 2016 he held his annual Town Hall meeting that was attended by eighty residents.

Airport Open House Mayor Marchand said on October 1, 2016 he attended the Open House.

Sister City Mayor Marchand said on October 2, 2016 he attended the Yotsukaido Sister City send-off of twenty 7th and 8th graders heading to Japan for their visit.

Livermore Cultural Arts Council (LCAC) Mayor Marchand said on October 5, 2016 he presented a proclamation to the LCAC honoring its 50th anniversary.

Tri-Valley Manufacturing Day Mayor Marchand said on October 7, 2016 he attended the event.

Art Walk Mayor Marchand said on October 8, 2016 he attended the annual event.

Fiesta Mayor Marchand said on October 9, 2016 he attended the Filipino/Barrio Fiesta.

Alameda County Transportation Council (ACTC) Mayor Marchand said on October 10, 2016 he attended the 580 Express Lane Committee. He said there had been over 4 million trips in the express and HOV lanes. He also attended the Planning, Policy, and Legislation Committee. There was a discussion on qualifying for Cap and Trade funds.

Wagoner Winery Mayor Marchand said there had been ongoing discussion regarding the difference between historically significant versus structural integrity of the former Wagoner Winery building and the need for an Environmental Impact Report (EIR). He said he felt the building was historically significant and it was presumed an EIR was a pre-requisite for demolition. He said he would entertain a motion to reconsider Resolution 2016-128 adopted at the September 26, 2016 City Council meeting.

IT WAS MOVED BY VM GARY, SECONDED BY MAYOR MARCHAND TO RECONSIDER RESOLUTION 2016-128 - APPROVING CERTIFICATE OF APPROPRIATENESS 16-007 FOR THE DEMOLITION OF THE FORMER WAGONER WINERY BUILDING LOCATED AT 210-250 CHURCH STREET.

CM Woerner verified that the motion was to reconsider the decision made at the September 26, 2016 City Council meeting; no decision was being made one way or the other.

THE MOTION CARRIED ON A 3-2 VOTE, CMs SPEDOWFSKI AND TURNER VOTING NO. THIS ACTION NULLIFIED RESOLUTION 2016-128 AND THE ITEM WOULD BE RECONSIDERED AT THE OCTOBER 24, 2016 CITY COUNCIL MEETING.

In response to questions by Mayor Marchand, City Manager Marc Roberts said the Historic Preservation ordinance was currently being reviewed and an update would be scheduled for a future City Council meeting.

8.