October 12, 2015

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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 6:30 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

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

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

ADJOURN TO CLOSED SESSION

1. To meet with the City Attorney pursuant to Government Code section 54956.9(e) because there is significant exposure to litigation against the City based on existing facts and circumstances. (Two cases)

§ 54956.9(e)(1) - Facts and circumstances that might result in litigation, but which the City believes are not yet known to a potential plaintiffs.

2. To meet with City negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at 2500 Railroad Court in Livermore, California, APN: 098-026001303. The City negotiators may negotiate with Livermore Amador Valley Transportation Authority (LAVTA). The instructions will concern price and terms. (Cheri Sheets and Robert Mahlowitz, City negotiators)

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REGULAR MEETING

1. CALL TO ORDER CALL TO ORDER - The meeting of the City Council was called to order by Mayor John Marchand at 7:08 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

1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala said there was no reportable action.

2. PROCLAMATIONS AND PRESENTATIONS PROCLAMATIONS AND PRESENTATIONS

2.01 Proclamation declaring October 18-24, 2015 as Freedom from Workplace Bullies Week.

Mayor Marchand presented the proclamation to Catherine Hart representing the California Healthy Workplace Advocates and the Workplace Bullying Institute.

2.02 Expansion of membership on the Citizens Advisory Committee for the Bicycle, Pedestrian, and Trails Active Transportation Plan from five to seven individuals; confirmation of appointments; and administration of oath of office.

ON THE MOTION OF CM GARY, SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL EXPANDED THE MEMBERSHIP TO SEVEN.

ON THE MOTION OF VM TURNER, SECONDED BY CM GARY AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS OF THE FOLLOWING MEMBERS TO THE CITIZENS ADVISORY COMMITTEE FOR THE BICYCLE, PEDESTRIAN AND TRAILS ACTIVE TRANSPORTATION PLAN:

Mike Ansel
Steve Howard
Connie Campbell
Lara Leininger
Maria Dawson
Kimberly Schertzer
Mike Hardin

City Clerk Susan Neer administered the oath of office. The oath of office would be administered to the absent member at a later date.

3. CITIZENS FORUM

CITIZENS FORUM

William Dunlop, Livermore, spoke regarding the request for proposal for the downtown and in support of extending the submission deadline.

Jim McGrail, Livermore, spoke regarding the request for proposal for the downtown and in support of extending the submission deadline.

David Jonas, Livermore, spoke regarding the request for proposal for the downtown and in support of extending the submission deadline.

Jan Brovont, Livermore, spoke regarding the request for proposal for the downtown and in support of extending the submission deadline.

Jean Schuler, Livermore, spoke regarding the request for proposal for the downtown and in support of extending the submission deadline.

Denise Ledden, Livermore, spoke regarding the request for proposal for the downtown and in support of extending the submission deadline. She read a letter from Lara Webber regarding the same.

Linda Milanese, Livermore, spoke regarding the request for proposal for the downtown and in support of extending the submission deadline.

Bob Carling, Livermore, spoke regarding the request for proposal for the downtown and in support of extending the submission deadline.

Todd Dibs, Visit Tri-Valley, spoke regarding the request for proposal for the downtown and in support of extending the submission deadline.

Jean King, Livermore, spoke regarding the request for proposal for the downtown and in support of extending the submission deadline.

Lindsey Murray, Livermore, spoke regarding the request for proposal for the downtown and in support of extending the submission deadline.

Ken Ball, Livermore, spoke regarding the request for proposal for the downtown and in support of extending the submission deadline.

Scott Kenison, Livermore, spoke regarding the request for proposal for the downtown and in support of extending the submission deadline.

Mony Nop, Livermore, spoke regarding the request for proposal for the downtown and in support of extending the submission deadline.

Kelly Cousins, Livermore, spoke regarding the request for proposal for the downtown and in support of extending the submission deadline.

Dave Ackerman, San Francisco Premium Outlets, spoke regarding the request for proposal for the downtown and in support of extending the submission deadline.

David Best, Shea Homes, Livermore, spoke regarding the request for proposal for the downtown and in support of extending the submission deadline.

Nancy Thorn, Livermore, spoke in support of the continuation of the Springtown Golf Course.

John Stein, Livermore, said he agreed with the previous speakers and spoke regarding the airport.

Sean McMenamin, Livermore, spoke in opposition to for-profit medicinal marijuana business and in support of transforming the Springtown Golf Course into a multi-use pedestrian open-space to benefit all of North Livermore residents.

Betty Murillo, Livermore, spoke in support of the continuation of the Springtown Golf Course and against development in Livermore.

Jeff Kaskey, Livermore, spoke regarding the request for proposal for the downtown and in support of extending the submission deadline.

Robert Taylor, Livermore, spoke regarding the request for proposal for the downtown and in support of extending the submission deadline.

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

In response to questions by Mayor Marchand, City Manager Marc Roberts said with regards to the previous Springtown Golf Course Request for Proposal process, only one contractor responded so there was not a selection process. Community and Economic Development Director Stephan Kiefer confirmed that any new development must have 15% affordable housing to meet the inclusionary housing requirement. Mr. Roberts said that the housing development concept explored seven years ago was not affordable housing and the community had made it clear that they did not want any housing in that area. Mr. Roberts also confirmed that no general funds were used to acquire the Bankhead Theater. He added that the Bankhead Theater used Host Community Impact Fees (HCIF), and the HCIF fees could not be used for any other purposes.

In response to questions by VM Turner, Mr. Roberts said the City commissioned a study from Bay Area Economic Group (BAE) to evaluate the market for hoteliers and room nights in the downtown. The purpose of the study was to provide background to the level of demand and was not included as part of the RFP.

4. CONSENT CALENDAR CONSENT CALENDAR

Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must complete a speaker card.

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 Approval of Minutes - September 14, 2015, regular City Council meeting.

4.02 Resolution 2015-138 authorizing execution of a three-year agreement with Flagship Facility Services, Inc., in the annual amount of $499,000, for janitorial services at various City facilities.

4.03 Resolution 2015-139 accepting for permanent maintenance and releasing of security for the 2013-2015 Sidewalk Repair Program, Project No. 2014-02.

4.04 Resolution 2015-140 authorizing execution of an agreement with Alta Planning & Design, in the amount of $399,081, to create the Livermore Bicycle, Pedestrian, and Trails Active Transportation Plan, Project No. 2010-24.

4.05 Resolution 2015-141 accepting and appropriating Alameda County Health Care Services Agency grant funds, in the amount of $28,000, for the Marilyn Avenue School Food and Nutrition Program and authorizing execution of all related documents.

5. PUBLIC HEARINGS PUBLIC HEARING

5.01 Hearing to consider amendments to Municipal Code Chapter 8.08, Solid Waste Management, sections 8.08.300.B and 8.08.210.B to reduce the allowed distance for commercial collection between 4:00 a.m. and 6:00 a.m. from 200 feet to a residential property line to 100 feet from a residential structure.

Recommendation: Staff recommended the City Council introduce an ordinance amending Municipal Code Chapter 8.08, sections 8.08.300.B and 8.08.210.B.

Public Works Manager Judy Erlandson presented the staff report.

In response to questions by VM Turner, Ms. Erlandson said the neighborhoods outside of the downtown affected by the change would be the new residential developments on Brisa and the corner of East Avenue and South Vasco because they were adjacent to commercial properties.

In response to questions by CM Gary, Ms. Erlandson said there was no buffer for the downtown core. She said the pilot study was done at 100 feet off a residential structure. City Attorney Jason Alcala stated there could be a provision to review the impact in one year when construction was completed and the homes were occupied.

In response to questions by CM Spedowfski, Ms. Erlandson said improvements had been made to reduce noise impacts including the use of quieter compressed natural gas (CNG) trucks and rubberized lids for trash containers. She said that creating timeline zones would be difficult for routing, poses safety hazards and could cost more.

CM Woerner questioned putting residential neighborhoods within commercial areas and also stressed the importance of full disclosure.

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

VM TURNERS MOTION TO INTRODUCE THE ORDINANCE WAS SECONDED BY CM WOERNER.

AN AMENDING MOTION WAS MADE BY CM GARY, SECONDED BY MAYOR MARCHAND TO DIRECT THE CONTRACTOR TO KEEP A LOG OF ALL RELATED COMPLAINTS AND PROVIDE A REPORT BACK TO COUNCIL IN ONE YEAR.

Mayor Marchand called for the votes:

THE AMENDING MOTION WAS CARRIED ON A 5-0 VOTE.

THE MAIN MOTION CARRIED ON A 5-0 VOTE, AND THE FOLLOWING ORDINANCE WAS INTRODUCED:

An ordinance amending the Livermore Municipal Code to reduce the allowed distance for commercial collection between 4 am and 6 am, from 200 feet to a residential property line to 100 feet from a residential structure.

5.02 Hearing to consider General Plan Amendment 15-003 and Site Plan Design Review Modification 15-024; a request to modify the scenic corridor as it applies to an approximately 1.5 acre portion of the approximately 59 acre Shea Sage project site. The modification would extend the recently amended scenic corridor provisions to cover the community and recreation center buildings that were inadvertently excluded from the previously-approved project. Modifications include adjustment to Street A (Tranquility Circle) alignment, redesigned passive recreation area adjacent to Street A on the east, and a loss of two units resulting in a four-unit building where there was a previously approved six-unit building.

An Addendum to the Cayetano Corporate Campus Environmental Impact Report has been prepared.

- Project Name: Shea Sage
- Location: Southeast corner of Isabel Avenue and Portola Avenue
- Site Area: 59± acres
- Applicant: Shea Homes
- Application Numbers: General Plan Amendment 15-003 and Site Plan Design Review Modification 15-024
- Public Improvements: On-site and off-site public improvements: Minor modifications to the location of previously approved Street A (Tranquility Circle), a public street.
- Zoning: Planned Development Industrial (PD-I) 03-003
- General Plan: Business Commercial Park (BCP)/Urban High Residential (UH-4: 18-22 dwelling units per acre)
- Historic Status: None
- CEQA: Addendum to the Cayetano Corporate Campus Environmental Impact Report (State Clearinghouse Number 97062005, certified 1/11/99) under the provisions of CEQA will be considered (CEQA Guidelines Section 15162 (a) and 15164).

Recommendation: The Planning Commission and staff recommended the City Council adopt a resolution:

1. Approving General Plan Amendment 15-003 and Site Plan Design Review Modification 15-024; and

2. Certifying the environmental document and, after approval of the application, instruct staff to file the Notice of Determination with the Alameda County Clerk.

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 2015-142 approving General Plan Amendment 15-003 and Site Plan and Design Review Modification 15-024 and adopting an addendum pursuant to the California Environmental Quality Act.

6. MATTERS FOR CONSIDERATION

MATTERS FOR CONSIDERATION

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

6.02 Discussion and direction regarding donation of funds by the Harrington Art Partnership for the purchase of a bronze sculpture.

Recommendation: Staff recommended City Council adopt a resolution accepting the donation of funds from the Harrington Art Partnership in the amount of $20,325 to purchase a bronze sculpture, and appropriation of funds in an amount not to exceed $25,225 for the purchase, installation, and on-going maintenance of the artwork.

Division Clerk Rebecca Cox presented the staff report.

In response to questions by Mayor Marchand, Ms. Cox said the maintenance of the sculpture would occur twice a year and consist of washing and protective waxing. She said the maintenance could be done on a volunteer basis by one of the local arts groups.

In response to questions by CM Spedowfski, Ms. Cox said the paint on the sculpture was baked into the bronze.

In response to questions by VM Turner, Ms. Cox said the sculpture would be protected from graffiti by the protective waxing process. She said an identification plaque would be installed.

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

Resolution 2015-143 accepting a donation of $20,325 from Gary and Nancy Harrington for the purchase of a bronze sculpture; and appropriating an amount not to exceed $25,725 for the purchase, installation, and on-going maintenance of the artwork.

(An amended resolution with the corrected appropriation of funds was submitted to Council in the Supplemental Materials presented as part of the agenda packet.)

6.03 Discussion and direction regarding Community Facilities District policies.

Recommendation: Staff recommends the City Council provide policy direction allowing the use of Community Facilities Districts to fund the maintenance of public infrastructure, within or directly serving new residential and/or commercial development.

City Engineer Cheri Sheets presented the staff report.

CM Gary requested that future reports include a brief analysis to provide the legislative record as to why the decision was made to proceed with a community facilities district versus a landscape maintenance district.

Mayor Marchand invited public comment.

In response to questions by Stacy Swanson, Ms. Sheets said community facilities districts could be formed for any new development. Typically, any construction underway either had a formation of a landscape maintenance district or community facilities district. She said staff was not asking for this policy to be applied to existing facilities at this time. She said formation of a district would require a two-thirds vote.

ON THE MOTION OF CM GARY, SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL AUTHORIZED THE USE OF COMMUNITY FACILITIES DISTRICTS TO FUND THE MAINTENANCE OF

PUBLIC INFRASTRUCTURE WITHIN OR DIRECTLY SERVING NEW RESIDENTIAL AND/OR COMMERCIAL DEVELOPMENT.

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

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

City Manager Marc Roberts presented the update.

6.05 Discussion and direction regarding pending State or Federal legislation.

Note: Bills affecting local government operations may be discussed if they were introduced or amended after posting of the Agenda.

Senior Management Analyst Donna Pontau presented an update on the recent passage of legislation related to medicinal marijuana.

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.

Fire Ops 101 CM Spedowfski said on October 3, 2015 he attended the program at the Livermore-Pleasanton Fire Department Training Center.

Airport Open House CM Spedowfski said on October 3, 2015 he attended the 50th Anniversary and Open House at the airport.

Livermore Amador Valley Transit Authority (LAVTA) CM Spedowfski said on October 5, 2015 he attended the meeting. He said the Board approved the formation of the Tri-Valley Regional Rail Advisory group. This would provide another opportunity for public input on BART to Livermore and the connection to ACE.

Fire and Safety Expo CM Spedowfski said on October 10, 2015 he attended the event at the Livermore-Pleasanton Fire Department Training Center.

Springtown Golf Course CM Spedowfski requested information on the interim plan for the golf course. Public Works Director Darren Greenwood said when the course temporarily closed on October 17, 2015, there would be minimal maintenance at the course; no golfing as the holes would be removed from the greens; and any incidents would be addressed as needed.

Downtown - Request for Proposal CM Spedowfski requested this item be agendized for the October 26, 2015 Council meeting for discussion. CM Woerner supported the request. VM Turner did not support the request as the due date for the RFP was so close to the October 26th meeting.

City Manager Marc Roberts and City Attorney Jason Alcala advised the Council of the potential for Brown Act violations regarding any discussions on the merits of agendizing the Downtown RFP item.

The request to agendize the Downtown-Request for Proposal item failed to receive consensus from the Council.

Fire Ops 101 CM Gary said on October 3, 2015 he attended the program at the Livermore-Pleasanton Fire Department Training Center.

Senator Glazer CM Gary said on September 28, 2015 he met with State Senator Steve Glazer.

Interviews CM Gary said on September 30, 2015 he and Mayor Marchand interviewed applicants for the Citizens Advisory Committee for the Bicycle, Pedestrian, and Trails Active Transportation Plan.

Medicinal Marijuana Regulations Timeline CM Gary requested more information regarding intermediate steps of the newly adopted regulations.

Fire Ops 101 CM Woerner said on October 3, 2015 he attended the program at the Livermore-Pleasanton Fire Department Training Center.

Livermore Amador Valley Transit Authority (LAVTA) VM Turner said on October 5, 2015 she attended the meeting along with CM Spedowfski. She said the City of Tracy and San Joaquin County were included in the new Tri-Valley Regional Rail Advisory group.

Downtown RFP VM Turner requested community input on this project. CM Gary suggested that after the close of the RFP, staff garner the input from Council and the community prior to publishing the results.

League of California Cities (LOCC) VM Turner said there would be a LOCC sponsored webinar on medicinal marijuana on October 20, 2015.

League of California Cities VM Turner invited the Mayor and Council Members to attend the East Bay Division meeting on October 22, 2015.

Homelessness Survey VM Turner requested volunteers to assist with the survey October 23, 26 and 28, 2015.

League of California Cities (LOCC) Mayor Marchand said he attended the annual conference in San Jose September 30 - October 2, 2015.

Fire Ops 101 Mayor Marchand said on October 3, 2015 he attended the program at the Livermore-Pleasanton Fire Department Training Center.

Airport Open House Mayor Marchand said on October 3, 2015 he attended the 50th Anniversary and Open House at the airport.

Centennial Birthday Mayor Marchand said on October 4, 2015 he attended the 100th birthday celebration of Evelyn Rodes.

Entrepreneurship Conference Mayor Marchand said he attended the 2015 Mayors Conference October 6 - 9, 2015 in Albuquerque, New Mexico.

Fire and Safety Expo Mayor Marchand said on October 10, 2015 he attended the event at the Livermore-Pleasanton Fire Department Training Center.

Alameda County Transportation Council (ACTC) Mayor Marchand said on October 12, 2015 he attended the I-580 Express Lane committee. He said the express lane was going to be opened in January 2016 for testing. He said the Planning, Policy and Legislative committee reviewed the county-wide arterial plan, the county-wide transit plan draft network recommendations, and the final project and program list for Plan Bay Area 2040. 8. ADJOURNMENT

ADJOURNMENT - 9:52 pm to a special closed session meeting on October 19, 2015, at 6:00 pm, Cabernet Room, City Administration Building, 1052 South Livermore Avenue, Livermore; and to a regular City Council meeting on October 26, 2015, at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:
JOHN P. MARCHAND, MAYOR