October 22, 2018

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1.

CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:00 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

Boy Scout Troop 900 led the Pledge of Allegiance.

1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION

Mayor Marchand said no reportable action was taken in closed session.

2.

PROCLAMATIONS AND PRESENTATIONS

2.01 Confirmation of advisory body appointments and administration of oath of office.

Commission for the Arts

Appointment of David Whitman to an unexpired term ending January 1, 2021.

Livermore Housing Authority

Appointment of Marty McFadden to an unexpired term ending January 1, 2019; and to a regular term ending January 1, 2023.

Livermore Area Youth Advisory Commission - Youth Appointees

Appointment of Sarah Ansell, Denica Bellucci, and Robert Purcell to unexpired terms ending September 1, 2019.

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

City Clerk Sarah Bunting administered the oath of office to David Whitman, Marty McFadden, Sarah Ansell, Denica Bellucci, and Robert Purcell.

2.02 Beautification Committee Annual Update

Beautification Committee Chairperson Tyler Olson presented the annual update.

2.03 Presentation of the 2018 Beautification Awards.

Mayor Marchand presented the 2018 Beautification Awards.

3.

CITIZENS FORUM

Greg Scott, Livermore, spoke regarding issues relating to homelessness in Livermore.

Joshua Laine, Livermore, spoke regarding fair campaign practices and expressed concerns regarding statements made by other candidates about his family

David Kent, Livermore, expressed concerns regarding statements made by candidate Brent Siler and questioned the lack of news coverage on the topic.

Connie Naylor, Livermore, spoke regarding the Springtown open space and said the neighborhood would like to help with funding for future improvements.

Brook Witherspoon, Livermore, announced the First Street Ale House's beard-growing fundraiser in November in support of Rooms of Hope.

John Stein, Livermore, suggested requiring that campaign statements be submitted earlier in election years and asked how costs of polling would be reported.

Evan Branning, Livermore, spoke regarding the Human Services Commission's workshops for homelessness and invited the community and Council to attend.

Karl Wente, Livermore, commented on remarks made by earlier speakers, the referendum petition, and campaign activities.

4.

CONSENT CALENDAR

Items 4.01, 4.08, and 4.11 were removed from the Consent Calendar for separate discussion and action.

ON THE MOTION OF CM CARLING, SECONDED BY CM SPEDOWFSKI, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEMS 4.01, 4.08, AND 4.11.

Item 4.08 Greg Scott, Livermore, spoke regarding having unexpended funds while he was hearing that there were constraints.

In response to questions by Mayor Marchand, Human Services Program Manager Claudia Young described restrictions imposed on the funds outlined in Item 4.08 and explained why funds were being carried forward for each project.

Item 4.01 and 4.11 Karl Wente, Livermore, expressed appreciation for the process of good government.

ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY CM COOMBER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEMS 4.01, 4.08, and 4.11.

4.01 Approval of draft minutes - October 8, 2018 regular City Council meeting.

4.02 Adoption of Ordinance 2077 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.

4.03 Resolution 2018-176 determining there remains a need to continue the emergency proclamation declared on March 15, 2017 for the February 19, 2017 flood damage.

4.04 Resolution 2018-177 authorizing execution of the Second Amendment to the Engineering Services Agreement with Schaaf & Wheeler to increase the not-to-exceed amount from $558,109 to $1,015,109 for the 2018-19 Permanent Storm Damage Repairs, Project No. 2017-26.

4.05 Resolution 2018-178 accepting for permanent maintenance and releasing of security for the Demolition of Buildings at 62-90 South L Street, Project Number No. 2014-37.

4.06 Resolution 2018-179 authorizing execution of the First Amendment to the Agreement to Convey Real Property between the Mario Pedrozzi Scholarship Foundation and the City of Livermore. Location: North N Street.

4.07 Resolution 2018-180 establishing the 2018 maximum income limits for very low-, low-, median-, and moderate-income households based on California Department of Housing and Community Development Department income limits; and the maximum affordable for-sale housing prices and rent limits for those income categories.

4.08 Resolution 2018-183 appropriating $450,155 in unexpended Fiscal Year 2016-17 and Fiscal Year 2017-18 Housing and Human Services Grant funds into Fiscal Year 2018-19 and authorizing the execution of contract agreements and/or amendments for the funding extensions.

4.09 Resolution 2018-181 approving the execution of four Project and Program Grant Agreements: 1. Livermore Art Association - $3,000 for the 2019 Spring Art Show; 2. Livermore Valley Opera - $10,000 for the 2018-19 Student Outreach Program; 3. Livermore Valley Performing Arts Center - $5,000 for ArtWalk 2018; 4. Pacific Chamber Orchestra - $10,000 for Educational Assemblies at Elementary Schools.

4.10 Resolution 2018-182 authorizing issuance of a purchase order with PAPE Machinery, in an amount not to exceed $147,029, for a replacement John Deere Backhoe/Loader Tractor.

4.11 Resolution 2018-184 authorizing execution of a three year agreement with Physio-Control Inc., in an amount not to exceed $110,000, for services and maintenance of LIFEPAK monitor/defibrillators and LUCAS Chest Compression Systems within the Livermore-Pleasanton Fire Department Joint Powers Authority.

5.

PUBLIC HEARINGS

5.01 Hearing to introduce an ordinance amending Municipal Code Chapter 2.14 (Elections) to establish district-based elections for Council Members for implementation in the 2020 general municipal election and setting the sequence for districts in future elections.

Recommendation: Staff recommended the City Council introduce an ordinance amending Municipal Code Chapter 2.14 (Elections) to establish district-based elections for Council Members for implementation in the 2020 general municipal election and setting the sequence for districts in future elections.

City Clerk Sarah Bunting presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

ON THE MOTION OF CM CARLING, SECONDED BY VM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCE:

Ordinance introduced amending Chapter 2.14, Elections Code, to Title 2 of the Livermore Municipal Code.

5.02 Hearing to consider a Disposition and Development Agreement with Red Bear Property Management for the sale and development of the downtown commercial sites.

. Location: 29 South Livermore Avenue

. Site Area: 13,000± square feet

. Applicant: Red Bear Property Management

. Application Number: Disposition & Development Agreement (DDA) 18-001

. Public improvements: Various

. Zoning: Downtown Specific Plan

. General Plan: Downtown Area

. Historic Status: None

. CEQA: The environmental impacts of the project were analyzed by, and the project is consistent with, the 2018 Addendum to the Downtown Specific Plan 2009 Subsequent Environmental Impact Report.

Recommendation: Staff recommended the City Council:

1. Direct staff to file a Notice of Determination consistent with the provisions of the California Environmental Quality Act;

2. Adopt a resolution authorizing the City Manager to execute the Disposition and Development Agreement and other documents necessary to effectuate the purposes of the DDA.

Assistant Planner Tricia Pontau presented the staff report. Michael Madden spoke regarding the project on behalf of Red Bear Property Management.

Mayor Marchand opened the public hearing.

Ken Bradley, Livermore, questioned the timeliness of the item and expressed concerns regarding the purchase price of the land.

David Kent, Livermore, expressed support for the project and Blacksmith Square; she disagreed with Mr. Bradley's comments.

David Rounds, Livermore, supported Red Bear and suggested delaying the project to allow for additional review and results of the Downtown referendum.

Kailyn Kent, Livermore, said the Downtown plan embodied a place of many voices coming together and opponents of the plan only wanted one voice.

Darcie Kent, Livermore, supported the project and disagreed with Mr. Rounds' comments regarding delaying the project.

Karl Wente, Livermore, expressed support for Red Bear and the project; he spoke regarding misleading statements made by petition signature gatherers.

Evan Branning, Livermore, supported the project and disagreed with Mr. Rounds' suggestion to delay the project.

Jacob Anderson, Livermore, expressed appreciation to the Madden family for creation of Blacksmith Square.

Lisa Tromovitch, Livermore, spoke in support of the project and Red Bear.

There were no more speakers and the hearing was closed.

In response to questions by CM Spedowfski, City Attorney Jason Alcala said the referendum petition had not yet qualified and therefore had no effect on the project; Community Development Director Paul Spence confirmed the commercial use would be allowed on the site even if the petition qualified.

CM Spedowfski said the community had rallied around Blacksmith Square; he expressed support for the project moving forward.

CM Carling supported the project, saying it would be a wonderful addition to the Downtown.

CM Coomber spoke regarding Mr. Madden and Red Bear's past projects and supported the item. He said the Council was not rushing; they were making decisions about things that should have happened twenty years earlier.

VM Woerner expressed appreciation to Mr. Madden and said the extension of Blacksmith Square would be a jewel for the community. He said the project had not been rushed and the bulk of the community had contributed.

In response to questions by Mayor Marchand regarding the property sale price, Mr. Spence said staff had started with a property appraisal and considered benefits the project could provide, such as a substantial contribution to the Stockmen's Park and savings from the City not having to build and maintain the public restrooms; he said credits from a previous use were also factored in.

Mayor Marchand supported the plan and spoke regarding the community's priorities identified in the extensive Downtown outreach process, including community character and Blacksmith Square. He was surprised that Friends of Livermore wanted to delay the current project when they had previously wanted to rush a 10-story regional theater, 420 housing units on the 6-acre site, and BART in the Downtown.

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

Resolution 2018-185 authorizing execution of a Disposition and Development Agreement between the City of Livermore and Red Bear Property Management for the disposition of City owned parcels and development of downtown commercial property (APNs 098-0289-002-01, 098-0289-019, 098-0289-020).

6.

MATTERS FOR CONSIDERATION

6.01 Discussion and direction regarding City Council Norms and Values.

Recommendation: Staff recommended the City Council provide direction regarding Council Norms and Values relative to maintaining a community-wide focus within a district-based election system.

Deputy City Manager Christine Martin presented the staff report.

Mayor Marchand invited public comment.

Karl Wente, Livermore, supported Council Members continuing to govern at large after implementation of district elections.

John Stein, Livermore, supported a unified community rather than parochialism caused by district elections.

There were no more speakers and the hearing was closed.

VM Woerner said it was important to explicitly state how the City Council should act; he believed it was important for the public to make sure they elected people who embodied the right set of values. He said candidates could be asked if they would look at the City holistically or not.

CM Carling agreed with VM Woerner, cautioning that district elections could lead to parochial behaviors. He said the community had expressed hope that the City Council would continue to support the entire community rather than just an individual district.

CM Coomber supported future Council Members listening to the whole community regardless of districts.

CM Spedowfski said the written policy would be helpful for the City Council and for candidates.

Mayor Marchand supported modifying the Norms and Values. He read a quotation from Edmund Burke in the context of municipal government, saying the City Council should commit to serving the entire city and not just their neighborhood.

THE CITY COUNCIL DIRECTED STAFF TO RETURN WITH THE AMENDED NORMS AND VALUES AT THE WORKSHOP IN JANUARY 2019.

6.02 Discussion and direction regarding a City Council Subcommittee on Homelessness.

Recommendation: Staff recommended the City Council discuss and provide direction on establishing a homeless subcommittee.

Human Services Program Manager Claudia Young presented the staff report.

Mayor Marchand invited public comment.

Greg Scott, Livermore, spoke regarding homelessness in Livermore, saying that just spending money would not solve problems.

Nancy Bankhead, Livermore, spoke regarding the process of learning about the needs of the homeless, saying it was not a problem that could be dealt with quickly.

Karl Wente, Livermore, said the problem of homelessness was growing; he expressed appreciation for Mr. Scott's comments.

Brent Siler, Livermore, spoke regarding his efforts to meet people living in the arroyo and issues relating to homelessness in Livermore; he suggested Mr. Scott serve on a subcommittee.

There were no more speakers and the hearing was closed.

Mayor Marchand spoke regarding past homelessness efforts including the Mayor's Summit, a City Council subcommittee, and a survey; he said the time had come to have another summit and subcommittee.

MAYOR MARCHAND APPOINTED VICE MAYOR WOERNER AND COUNCIL MEMBER CARLING TO THE SUBCOMMITTEE ON HOMELESSNESS.

VM Woerner spoke regarding the importance of arranging data to be actionable; he suggested looking to efforts of other communities and reaching out to the community for input.

CM Carling agreed with identifying what other communities had done that could be incorporated quickly.

Mayor Marchand noted the range of existing homelessness services in Livermore and said the Council was committed to continuing to work on the issues.

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

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

Railroad Depot Opening CM Coomber said he attended the event.

4 Wheel Bob Documentary CM Coomber announced that the Civic Center Library would be hosting a screening of the 4 Wheel Bob documentary on Sunday, October 28, 2018.

Employee Appreciation BBQ CM Carling said he attended the event on October 10, 2018.

Community Monitoring Committee CM Carling said he attended the meeting regarding operation of the landfill on October 10, 2018.

Stopwaste.org CM Carling said he attended the October 11, 2018 meeting.

Hops and Sessions CM Carling said he attended the ribbon cutting for the new taproom with the Mayor on October 16, 2018.

Springtown Open Space In response to comments made by Ms. Naylor during Citizens Forum, the City Council directed staff to contact Ms. Naylor regarding fundraising for the Springtown open space; and directed staff to provide information to the City Council regarding installation of gravel paths in the open space.

Tri-Valley Transportation Council (TVTC) CM Spedowfski said he attended the October meeting.

Employee Appreciation BBQ VM Woerner said he attended the event on October 10, 2018.

Railroad Depot Opening VM Woerner said he attended the event.

Interfaith Housing Anniversary VM Woerner said he attended the 50th anniversary event for Interfaith Housing.

City Manager Marc Roberts reported that pursuant to Resolution 2018-107 authorizing the City Manager to award a construction contract for the 2017 Storm Damage Debris Removal, Project No. 2017-26, the construction contract was executed on August 15, 2018; work began September 11, 2018 and was completed by October 15, 2018.

Local Agency Formation Commission (LAFCo) Mayor Marchand said on October 11, 2018 he attended the Public Policy Committee meeting.

ArtWalk Mayor Marchand said he attended the art festival in Downtown Livermore on October 13, 2018.

Dreammakers and Risktakers 2018 Awards Luncheon Mayor Marchand said he attended the Innovation Tri-Valley Leadership Group's event on October 18, 2018.

Tri-Valley Community Television (TV30) Mayor Marchand said he attended the board meeting where there was an update on equipment purchased for the emergency operations center.

#LivValBiz Awards Mayor Marchand said he attended the Livermore Valley Chamber of Commerce business awards event on October 18, 2018.

ABC NorCal Local Construction Craft Competition Mayor Marchand said he attended the trade competition where Jorge Gonzalez of Livermore won first place in the electrical competition.

Interfaith Housing Anniversary Mayor Marchand said he attended the 50th anniversary event for Interfaith Housing.

November 6, 2018 Election Mayor Marchand encouraged the community to vote in the November 6, 2018 election.

8.

ADJOURNMENT - at 9:16 pm to a regular City Council meeting on Monday, November 26, 2018 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore. APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

SARAH BUNTING, CITY CLERK