October 24, 2016

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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 7:02 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

1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION

Administrative Services Director Douglas Alessio reported the City Council provided direction.

2.

PROCLAMATIONS AND PRESENTATIONS

2.01 Confirmation of Advisory Body appointments and reappointments and administration of oath of office to new members.

Airport Commission

Appointment of Beth Duff to a regular term ending November 1, 2020

Reappointment of Kathleen Ornelas to a final term ending November 1, 2020

Reappointment of Alex Shezifi to a final term ending November 1, 2020

Human Services Commission

Appointment of Rhovy Lyn Antonio to a regular term ending November 1, 2020

Appointment of Sal Tompkins to an unexpired term ending November 1, 2019

Appointment of Navdeep Kaur to an unexpired term ending November 1, 2018

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

City Clerk Susan Neer administered the Oath of Office to Beth Duff, Rhovy Lyn Antonio, Sal Tompkins, and Navdeep Kaur.

2.02 Beautification Committee Annual Update.

Beautification Committee Chair Tyler Olson presented the annual update.

2.03 Presentation of the 2016 Beautification Awards.

Mayor Marchand and Beautification Committee Chair Tyler Olson presented the awards.

3.

CITIZENS FORUM

John Stein, Livermore, spoke regarding the Livermore Tarweed flower, replanting empty tree-wells with drought-tolerant tree species, and the new Council Chamber facility.

Jean King, Livermore, spoke regarding the lack of video recording of the August 1 and 8, 2016 City Council meetings. She said the minutes were incorrect and spoke regarding the motion to reduce housing units in the project by half or less.

Tom Jefferson, Livermore, spoke regarding a political mailer he received from a political action committee with an address in Novato supporting Vice Mayor Gary and Council Member Turner. He said one of the political action committee's clients was Lennar.

David Rounds, Livermore, spoke regarding the political mailer, asking if Vice Mayor Gary and Council Member Turner would recuse themselves from votes involving Lennar if there was a financial relationship with Livermore Forward.

David McGuigan, Livermore, spoke regarding his arrest by the Livermore Police Department.

Roger Birdsall, Tracy Consortium for Higher Education, President, spoke regarding the newly opened Notre Dame de Namur University satellite campus in Tracy.

Alan Burnham, Livermore, spoke regarding the impact of Proposition 218 on water rate structures and asked the City to develop rates that were both fair and legal.

Anthony Rangel, Livermore, issued an invitation to a fundraiser at Panera Bread in Dublin in support of Grow for Vets USA.

Rikesh Patel, Presidio Companies, Principal, spoke regarding the Downtown development project and the exclusive negotiating agreement with the City, saying his company was not and had not been in discussions with the Community Group.

Connie Kopps, Livermore, spoke regarding the deed for the Springtown Golf Course for the map shown in Measure FF and the facts surrounding the golf course.

In response to questions by Mayor Marchand, City Attorney Jason Alcala said staff had not researched whether the 300 acres above the Springtown Golf Course were previously part of Springtown Golf Course or another golf course. He said staff relied upon a title report that had been researched and prepared by a title company, and the measure had been placed on the ballot to preserve open space.

Jeff Kaskey, Livermore Heritage Guild, President, invited the public to attend the Guild's Halloween at Hagemann event and spoke regarding preservation work being performed at the Hagemann site.

4.

CONSENT CALENDAR

Item 4.02 CM Turner requested this item be removed from the Consent Calendar for separate action.

ON THE MOTION OF CM WOERNER, SECONDED BY VM GARY, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED ITEM 4.01 AND ITEMS 4.03 THROUGH 4.07 ON THE CONSENT CALENDAR.

4.01 Approval of Minutes - September 26, 2016 regular City Council meeting.

ITEM 4.02 WAS CONSIDERED SEPARATELY.

4.02 Ordinance introduced amending Municipal Code Chapter 2.68, Contracts and Purchasing, Section 2.68.430, Surplus Supplies and Equipment, to grant the Administrative Services Director authority to surplus service weapons and badges of Livermore Police Department employees.

ON THE MOTION OF VM GARY, SECONDED BY CM WOERNER AND CARRIED ON A 4-0-1 VOTE (CM TURNER ABSTAINING), THE CITY COUNCIL INTRODUCED THE ORDINANCE.

4.03 Resolution 2016-134 authorizing execution of an agreement with Bortolussi & Watkin, Inc., in the amount of $504,413, for construction of the 2016 Centralized Irrigation System, Project No. 1994-73.

4.04 Resolution 2016-135 authorizing execution of an agreement with Carollo Engineers, in the amount of $439,143, for engineering services for the Dalton Reservoir Replacement, Project No. 2016-19.

4.05 Resolution 2016-136 authorizing execution of agreements with NEXGEN Utility Management, Inc., in total amounts not to exceed $977,386 and $66,000, for purchase of asset management software, implementation services, and hosting and managed services.

4.06 Resolution 2016-137 authorizing execution of the first amendment to the engineering design services agreement with JR Structural Engineering, Inc., increasing the not to exceed amount from $250,000 to $550,000, to provide on-call project management services and to extend the contract through July 31, 2019.

4.07 Resolution 2016-138 authorizing concurrent review of General Plan Amendment 16-002 and Zoning Map Amendment 16-001, which will be reviewed with Vesting Tentative Tract Map 8343 Subdivision 16-003; Site Plan Design Review 16-011; and Certificate of Appropriateness 16-011 for a proposed residential development on the 9± acre Sonoma Avenue Elementary School site. Location: 559 Sonoma Avenue.

5.

PUBLIC HEARINGS

5.01 Hearing to consider a request to amend an approved tentative tract map to subdivide and redevelop an existing parcel for the development of seven detached single family residences, landscaping, and appurtenant improvements. The project involves vacating a portion of the Old First Street right-of-way and conveyance of a City-owned parcel adjacent to the project.

. Location: 2787 Old First Street

. Site Area: 0.40± acre

. Applicant: Concentric Development Group

. Application Numbers: Vesting Tentative Tract Map 8184 (SUBA15-001) and Downtown Design Review (DDR) 15-023

. Public improvements: Street frontage improvements, including landscaping and connection to existing utilities.

. Zoning: Downtown Specific Plan-Downtown Transit Gateway District

. General Plan: Downtown Area

. Historic Status: None

. CEQA: Recommending finding the project is Categorically Exempt under the provision of the California Environmental Quality Act (CEQA) as an infill development project that meets the requirements of CEQA Guidelines Section 15332 as authorized by Public Resources Code Section 21084 and CEQA Guidelines Section 15300.

Hearing to consider a request to subdivide and redevelop portions of two existing parcels for the development of eight detached single family residences, landscaping, and appurtenant improvements. The project involves vacating a portion of the Old First Street right-of-way and conveyance of a City-owned parcel adjacent to the project.

. Location: 2855 Old First Street

. Site Area: 0.5± acre

. Applicant: Concentric Development Group

. Application Numbers: Vesting Tentative Tract Map 8173 (SUB15-008) and Downtown Design Review (DDR) 15-024

. Public improvements: Street frontage improvements, including landscaping and connection to existing utilities.

. Zoning: Downtown Specific Plan-Downtown Transit Gateway District

. General Plan: Downtown Area

. Historic Status: None

. CEQA: Recommending finding the project is Categorically Exempt under the provision of the California Environmental Quality Act (CEQA) as an infill development project that meets the requirements of CEQA Guidelines Section 15332 as authorized by Public Resources Code Section 21084 and CEQA Guidelines Section 15300.

Hearing to consider a request to subdivide and redevelop portions of two existing parcels for the development of nine detached single family residences, landscaping, and appurtenant improvements. The project involves vacating a portion of the Old First Street right-of-way and conveyance of a City-owned parcel adjacent to the project.

. Location: 2855 Old First Street

. Site Area: 0.5± acre

. Applicant: Concentric Development Group

. Application Numbers: Vesting Tentative Tract Map 8305 (SUB15-009) and Downtown Design Review (DDR) 15-025

. Public improvements: Street frontage improvements, including landscaping and connection to existing utilities.

. Zoning: Downtown Specific Plan-Downtown Transit Gateway District

. General Plan: Downtown Area

. Historic Status: None

. CEQA: Recommending finding the project is Categorically Exempt under the provision of the California Environmental Quality Act (CEQA) as an infill development project that meets the requirements of CEQA Guidelines Section 15332 as authorized by Public Resources Code Section 21084 and CEQA Guidelines Section 15300.

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

1. Adopt a resolution approving Vesting Tentative Tract Map 8184 (Subdivision Amendment 15-001) and Downtown Design Review 15-023; approving the summary vacation of a portion of the public right-of-way on Old First Street; conveyance of a City-owned parcel adjacent to the project; and CEQA finding.

2. Adopt a resolution approving Vesting Tentative Tract Map 8173 (Subdivision 15-008) and Downtown Design Review 15-024; approving the summary vacation of a portion of the public right-of-way on Old First Street; conveyance of a City-owned parcel adjacent to the project; and CEQA finding.

3. Adopt a resolution approving Vesting Tentative Tract Map 8305 (Subdivision 15-009) and Downtown Design Review 15-025; approving the summary vacation of a portion of the public right-of-way on Old First Street; conveyance of a City-owned parcel adjacent to the project; and CEQA finding. Senior Planner Scott Lee presented the staff report.

In response to questions by CM Turner, Mr. Lee said sound from the swim school was not an issue so there was no mitigation for it; however, there were conditions of approval to build fencing along the school. He confirmed that swim school patrons would egress directly onto Old First Street.

CM Spedowfski said it was unfortunate that the project was going through in phases and expressed support for the sound wall along the tracks.

In response to questions by CM Spedowfski, Mr. Lee described the fence types and locations in the project.

In response to questions by Mayor Marchand, Community Development Director Paul Spence confirmed that recent legislation had clarified the process for establishing railroad quiet zones.

Mayor Marchand opened the public hearing.

Yeol Grant, Livermore, spoke regarding the Brighton neighborhood and expressed support for the project.

John Stein, Livermore, spoke regarding the project, including long term plans for an underpass on Junction Avenue and First Street, sound walls, and developing spaces for auto-related uses that were displaced.

In response to questions by Mayor Marchand, Mr. Lee said there were appropriate commercial surface zones in other parts of the city where auto-related uses could move. He said acoustical engineers had reviewed the sound walls and the impact of sound reflection was negligible. He said the City would provide assistance to business owners looking for correct zoning for their use.

Suzanne Oliveira, Livermore, expressed support for the project and shared her experiences with the negative impacts of living next to a carwash.

There were no more speakers and the hearing was closed.

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

Resolution 2016-139 approving Vesting Tentative Tract Map (VTTM) 8184 (SUBA15-001); Downtown Design Review (DDR) 15-023; the summary vacation of a portion of the public right-of-way on Old First Street; conveyance of a City-owned parcel adjacent to the project; and CEQA finding.

Resolution 2016-140 approving Vesting Tentative Tract Map (VTTM) 8173 (SUB15-008); Downtown Design Review (DDR) 15-024; the summary vacation of a portion of the public right-of-way on Old First Street; conveyance of a City-owned parcel adjacent to the project; and CEQA finding.

Resolution 2016-141 approving Vesting Tentative Tract Map (VTTM) 8305 (SUB 15-009); Downtown Design Review (DDR) 15-025; the summary vacation of a portion of the public right-of-way on Old First Street; conveyance of a City-owned parcel adjacent to the project; and CEQA finding.

5.02 Hearing to increase 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 will 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 adopt a resolution establishing the maximum income limits for very low-, low-, median-, and moderate-income households based on California Department of Housing and Community Development Department (HCD) income limits; the maximum for-sale housing prices and rent limits for those income categories; and the Affordable Housing In-Lieu Fee for residential development.

Administrative Technician Susan Calkins presented the staff report.

In response to questions by VM Gary, Assistant Community Development Director Eric Uranga said the sixty-day period was a normal timeframe; delaying the fee would further prolong inequity. Community Development Director Paul Spence said those with existing entitlements could pay the affordable housing fees in advance. Mr. Uranga confirmed that staff had met with developers with projects underway and relayed the message to them.

In response to questions by VM Gary, Mr. Uranga spoke regarding the factors that had led to the large increase, including expiration of other incentives and the sudden increase in rising house prices; he said the fee would adjust up or down in accordance with rising or falling prices. City Manager Marc Roberts said the ordinance had a must-build requirement; the fee was used where there was a fraction of a unit and was meant to be revenue-neutral. The market had already increased the cost of the must-build units; this action would keep the fee balanced with those costs. He said the market had recovered strongly in the past 36 months and the fee was particularly sensitive to those increases.

In response to questions by Mayor Marchand, Mr. Roberts said development interests responded to market demands; increasing fees decreased the residual land value a developer was willing to pay a property owner for the site. The fee would not change the individual houses, but on a regional basis, it could depress the amount of land available for housing production. He said in the Bay Area, the limiting factor was property appropriately zoned and easily permitted for residential development. He said many fees were on a square-foot basis, meaning smaller homes would have lesser fees than large; fees ranged between below $100,000 to above $150,000 depending on the size of the house, which included regional, park district, and school district fees.

Mayor Marchand opened the public hearing.

Mike Serpa, Concentric Development Group, spoke regarding the impacts of the increase on developers, saying higher fees meant higher prices and the fee increase was 70%.

There were no more speakers and the hearing was closed.

CM Turner and CM Woerner expressed support for building units instead of paying fees to provide additional housing.

In response to questions by Mayor Marchand, Mr. Uranga said fees were leveraged to develop additional housing at all income levels. Mr. Spence clarified that Livermore had a must-build requirement, and said the fee applied to fractions of units.

VM Gary said passing the increase was the right thing to do, and expressed reservations regarding achieving the right economic outputs over a thirty-year arc. He suggested the City Council have a discussion regarding intended outputs from the fee and determine whether the fee created unintended consequences to certain product types.

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

Resolution 2016-142 establishing the annual affordable for-sale prices, rental rates, and maximum income limits and affordable housing in-lieu fee for 2016.

6.

MATTERS FOR CONSIDERATION

MAYOR MARCHAND REORDERED THE AGENDA TO HEAR ITEMS 6.04, 6.05, AND 6.06 PRIOR TO ITEMS 6.01, 6.02, AND 6.03.

6.04 Discussion and direction regarding amending a purchase and sale agreement with Brookfield Residential (formerly Dublin Crossing Ventures, LLC), increasing the purchase price per acre for the sale of approximately 178± acres of burrowing owl mitigation located on City-owned properties in Doolan Canyon.

Recommendation: Staff recommended the City Council adopt a resolution authorizing an amendment to an agreement for purchase and sale of mitigation values and escrow instructions, all related documents with Brookfield Residential (formerly Dublin Crossing Ventures, LLC), for the sale of approximately 178 acres of burrowing owl mitigation on the City-owned Doolan Canyon properties.

Assistant Planner Andy Ross presented the staff report.

In response to questions by CM Spedowfski, Mr. Ross said he did not believe there were any Livermore Tarweed plants on the site.

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

Resolution 2016-143 authorizing execution of an amendment to an agreement for purchase and sale of mitigation values and escrow instructions, and all related documents with Brookfield Residential (formerly Dublin Crossing Ventures, LLC) for the sale of approximately 178 acres of burrowing owl mitigation on the City-owned Doolan Canyon properties.

6.05 Discussion and direction regarding the formation of Community Facilities District 2016-2 for the purpose of refinancing existing Community Facilities District 2006-1 debt.

Recommendation: Staff recommended the City Council adopt the Resolution of Intention and call for a public hearing on November 28, 2016 to consider changes to the CFD Boundary Map and revised Rate and Method of Apportionment; accept the Consent and Waiver Relating to the creation of a Community Facilities District from each of the property owners within the proposed revised District boundary waiving the otherwise-applicable election time periods; direct the City Clerk to record the revised CFD Boundary Map within 15 days of adopting the Resolution of Intention; and adopt the Resolution of Intention to incur bonded and other indebtedness.

Administrative Services Director Douglas Alessio presented the staff report.

In response to questions by CM Turner, Mr. Alessio said the City had a fiduciary responsibility to obtain the best possible rate for the CFD property owners.

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

Resolution 2016-144 of intention to establish Community Facilities District No. 2016-2 (Shea Properties).

Resolution 2016-145 of intention to incur bonded and other indebtedness for Community Facilities District No. 2016-2 (Shea Properties).

6.06 Resolution rescinding resolution 97-1 and modifying the policies and procedures for providing utility services by contract outside City jurisdictional boundaries. Staff further recommends that the City Council approve the Out of Area Recycled Water Service Agreement by and between the City of Livermore, County of Alameda and East Bay Regional Park District.

Recommendation: Staff recommended the City Council adopt the resolution.

City Engineer Cheri Sheets presented the staff report.

In response to questions by Mayor Marchand, Ms. Sheets said Alameda County would pay the installation and maintenance costs for the service line to Shadow Cliffs.

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

Resolution 2016-146 rescinding Resolution Number 97-1 and adopting revised policies and procedures for providing services by contract outside the City's jurisdictional boundaries (Out-of-Area Service Agreement 16-002).

Resolution 2016-147 authorizing execution of the out-of-area service agreement 16-003 with Alameda County and East Bay Regional Park District for the provision of recycled water service from an Alameda County recycled water line in Stanley Boulevard for purposes of landscape irrigation in Shadow Cliffs Regional Recreation Area.

Mayor Marchand declared a short recess. All Council Members were present when the meeting reconvened.

6.01 Reconsideration of Certificate of Appropriateness 16-007 for the demolition of the former Wagoner Winery building located at 210-250 Church Street.

Recommendation: The Historic Preservation Commission and staff recommended the City Council adopt a resolution instructing staff to file a Notice of Exemption for Certificate of Appropriateness 16-007, in accordance with the California Environmental Quality Act; and approving Certificate of Appropriateness 16-007 for the demolition of the former Wagoner Winery Building, subject to conditions. It is further recommended that the City Council specifically find that the Wagoner Winery is not historically or culturally significant based upon the substantial evidence in the administrative record.

City Attorney Jason Alcala said as a matter of parliamentary procedure, the motion for reconsideration nullified the decision on September 26, 2016 to approve the certificate of appropriateness to demolish the Wagoner Winery; as a result, the original matter was before the Council for discussion and debate as if it were on the floor for the first time and a motion would be in order.

Community Development Director Paul Spence presented the staff report.

Mayor Marchand invited public comment.

Nancy Bankhead, applicant, spoke regarding the history of the property since her family took ownership in 1953. She reviewed the deteriorating condition of the building and submitted photographs of the site.

John Stein, Livermore, spoke regarding preserving the appearance of the Downtown and making it difficult to remove historic buildings, suggesting a similar structure be erected as a condition of approval for the demolition. He said the mitigation requirements should be tied to the land.

Jason Bezis, Lafayette, opposed the Historic Preservation Commission and staff recommendation. He spoke regarding the history of the Wagoner Winery and said an Environmental Impact Report was needed.

Jeff Kaskey, Livermore, spoke regarding the historic significance of the Wagoner family and winery. He said the building itself did not convey the qualities and importance of wineries in Livermore, and said the conditions imposed would help educate future generations about the site.

Malcolm Leader-Picone, Attorney for Nancy Bankhead, spoke regarding the lack of structural and design integrity of the building. He said the winery had operated for thirty-seven years, and the Bankhead family owned the property for sixty-three years. He said the suggested conditions would convey the history without preventing development of something more productive and special.

Connie Kopps, Livermore, supported preserving the historic building.

There were no more speakers.

Mayor Marchand spoke regarding the building's design characteristics and historic significance, saying from what he had read there was historical significance and perhaps third party evaluation was in order.

CM Spedowfski spoke regarding the building's structural condition and the difficulties of reconstruction. He supported the staff recommendation along with conditions of approval to incorporate historic materials, the Wagoner family history, and a mural to honor the building.

CM Turner expressed support for the Historic Preservation Commission and staff recommendation, saying both the Wagoner and Bankhead families were historic but the building was unsafe and falling apart.

VM Gary suggested sending the item back to the Historic Preservation Commission to evaluate whether the site was historic. He said a full Environmental Impact Report (EIR) with a historic preservation report would be overkill as the building could not be saved; however, the criteria existed for the Council to find historical significance.

In response to questions by VM Gary, City Manager Marc Roberts said the City Council could return the item to the Historic Preservation Commission with direction to develop additional information in very specific ways; once an official finding was made, particular processes were triggered. He said the City Council could refer the item back for a particular set of studies if the desire was to develop a set of appropriate conditions and mechanisms to ensure conditions were applied to the property and would stay with the land. Mr. Roberts said it was not possible to condition the demolition permit with a history report without all of the other CEQA requirements.

Mayor Marchand spoke regarding the difference between historical and structural integrity, saying that during the Historic Preservation Commission's deliberations it was stated that the building was historically significant.

In response to questions by Mayor Marchand, Mr. Roberts said the Council could refer the item back to the Historic Preservation Commission with very clear conditions and additional requirements to place on the demolition. He said the finding by the City Council of particular significance would trigger a very specific outcome.

CM Woerner recommended remanding the item back to the Historic Preservation Commission and not conflating the condition of the building with whether or not it was a historic resource. He said an EIR would be absurd for the state of the building and the key point was whether or not the building was a historic resource.

CM Spedowfski said declaring the building historically significant did not change the condition of the structure or create a plan to restore the building that was declared hazardous by the Building Official. He reiterated the challenges relating to reconstructing the building; he did not think of historic preservation as reconstructing a building.

ON THE MOTION OF CM WOERNER, SECONDED BY MAYOR MARCHAND AND CARRIED ON A 3-2 VOTE (CM SPEDOWFSKI AND CM TURNER VOTING NO), THE CITY COUNCIL DIRECTED STAFF TO RETURN THE CERTIFICATE OF APPROPRIATENESS 16-007 TO THE HISTORIC PRESERVATION COMMISSION FOR RECONSIDERATION, TO CONDUCT FURTHER ANALYSIS AND NOT CONFLATE THE HISTORIC INTEGRITY WITH THE HISTORIC RESOURCE OF THE BUILDING; SHOULD THE HISTORIC PRESERVATION COMMISSION REISSUE THE CERTIFICATE OF APPROPRIATENESS, THE COMMISSION WILL ESTABLISH APPROPRIATE CONDITIONS OF APPROVAL TO CONVEY THE HISTORY OF THE SITE; AND STAFF TO DEVELOP APPROPRIATE MECHANISMS FOR IMPLEMENTATION OF THE CONDITIONS.

6.02 Discussion and direction regarding Homeless Survey findings and the implementation of a Housing First Program to reduce homelessness.

Recommendation: Staff recommended the City Council direct staff to develop a Housing First Program to reduce homelessness in Livermore through creation of permanent affordable housing units with supportive services. Existing housing funds will be utilized to support service providers and create a limited duration City Homeless Prevention Specialist in the next budget year.

Assistant Community Development Director Eric Uranga presented the staff report.

In response to questions by CM Turner, City Manager Marc Roberts said the process of filling the new position could be expedited.

In response to questions by VM Gary, Mr. Uranga spoke regarding creating programs with a strong preference for Livermore residents, such as targeting homeless children who were attending Livermore schools or Livermore veterans. City Attorney Jason Alcala said his staff would coordinate closely with the Housing Division to ensure compliance with law.

In response to questions by CM Woerner, City Attorney Jason Alcala said staff could explore requirements for residency tenure.

In response to questions by Mayor Marchand, Mr. Uranga said all of the shelters and warming centers in the Tri-Valley were located in Livermore. He said the other Tri-Valley cities contributed to the funding of the shelters.

Mayor Marchand invited public comment.

Alan Burnham, Partners for Change, spoke regarding his program's efforts to reduce poverty and homelessness by providing support systems.

Kim Risedorph, Asbury United Methodist Church, supported housing and wrap-around services for the homeless. She said the numbers in the survey did not include people living in their cars.

Connie Kopps, Livermore, expressed support for wraparound services and spoke regarding Section Eight programs and housing first models.

Mayor Marchand spoke regarding homelessness as a regional issue and said Livermore was setting up to be the only community willing to take it on. He reviewed the results of the survey and expressed concerns regarding taking on a regional responsibility, saying he wanted more focus on regional collaboration.

CM Woerner suggested supporting the staff recommendation and encouraging a regional approach by establishing criteria to focus first on those from Livermore. He said the data should periodically be refreshed to determine the efficacy of what was being done.

CM Spedowfski supported expediting the process of filling the position and expressed concerns regarding camping in flood control zones.

CM Turner expressed support for moving more quickly and spoke regarding the groups of people not reported in the survey numbers. She supported a regional focus on the issue and said Livermore needed to lead by example.

City Manager Marc Roberts said staff understood the direction and urgency of the matter and would bring at the very least a timeline and bullet points, probably incorporated into the Council's goals.

ON THE MOTION BY CM TURNER, SECONDED BY VM GARY AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED STAFF RECOMMENDATION, AUTHORIZED THE EXPEDITED RECRUITMENT OF A TWO-YEAR LIMITED DURATION HUMAN SERVICES (HOMELESS PREVENTION) SPECIALIST POSITION FUNDED THROUGH NON-GENERAL FUND HOUSING PROGRAM FUNDS; DIRECTED THE DEVELOPMENT OF CRITERIA FOR LIVERMORE FIRST HOUSING WITH PREFERENTIAL TREATMENT FOR LIVERMORE RESIDENTS BASED ON LENGTH OF RESIDENCY/LONGEVITY IN LIVERMORE; CONTINUE TO UPDATE HOMELESS SURVEY DATA RESULTS AND FINDINGS; AND ENGAGE ALL REGIONAL PARTNERS FOR COLLABORATION FOR THE PROVISION OF HOMELESS SERVICES.

AT 10:30 PM MAYOR MARCHAND REVIEWED THE AGENDA AND BY CONSENSUS OF THE COUNCIL THE MEETING PROCEEDED TO CONSIDER THE REMAINING ITEMS.

6.03 Discussion and direction regarding location criteria for potential medical marijuana dispensaries in Livermore.

Recommendation: Staff recommended the City Council provide direction.

Senior Planner Scott Lee presented the staff report.

In response to questions by CM Turner, Mr. Lee said the mapping exercise had shown smaller windows with multiple zoning districts on the west side of town. Community Development Director Paul Spence said that while staff suggested concentrating on the industrial zones, other zoning districts could be identified.

In response to questions by VM Gary, Mr. Lee said there were a number of smaller industrial buildings marketed towards small businesses that would be potential sites for dispensaries.

VM Gary said if the practical reality was that dispensaries couldn't find leasing, staff might need to go back to the other commercial industrial park, apply the receptor criteria, and if there are available parcels, determine if they are otherwise acceptable.

In response to questions by Mayor Marchand, Mr. Lee said staff was not aware of any other cities in the Tri-Valley that were contemplating medical marijuana dispensaries. Mayor Marchand invited public comment.

Anthony Rangel, Livermore, spoke in support of the proposed criteria for potential medicinal marijuana dispensaries.

Christopher Heckler, Higher Elevation Community Collective, spoke in support of the proposed criteria for potential medicinal marijuana dispensaries.

Michaela Toscas, Higher Elevation Community Collective, spoke in support of opening a medicinal marijuana dispensary in Livermore.

Adam Pine, Floral Element Collective, said the proposed criteria was an excellent start and expressed concerns regarding limiting the zoning to the east side of Livermore.

There were no more speakers.

CM Spedowfski spoke in support of the proposed zoning and said he was not interested in expanding the zoning westward. He said he was very interested in the operational regulations in the next step and supported a single dispensary to begin with. He expressed concerns regarding the City Council discussing the issue, holding public comment, getting close to implementation, then having people come out of the woodwork to oppose it. He said it was critical to publicize the issue so the public knew what was coming.

VM Gary said the zoning was appropriate and said Livermore was not trying to fix the Tri-Valley; the dispensaries were intended for Livermore patients.

CM Woerner said this was a good first step and community input was needed. He suggested targeting the area, developing regulations, and ensuring that an appropriate number of workshops were held. CM Spedowfski also supported a community workshop.

CM Turner expressed support for the zoning and said she preferred two dispensaries because consumers deserved choices. She supported community outreach.

Mayor Marchand said he concurred with the City Council's comments. He supported the staff recommendation regarding a 2,000-foot buffer between dispensaries and to start small.

ON THE MOTION BY CM TURNER, SECONDED BY VM GARY AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED STAFF RECOMMENDATION AND DIRECTED STAFF TO PROCEED WITH ESTABLISHING ZONING FOR A MEDICINAL MARIJUANA DISPENSARY LOCATED IN THE HEAVY INDUSTRIAL (I-3) ZONING DISTRICT IN THE EAST END OF THE CITY NEAR GREENVILLE ROAD AND LAS POSITAS ROAD INTERSECTION, DISPENSARIES TO BE SEPARATED FROM EACH OTHER BY A 2,000 FOOT BUFFER, AND ESTABLISH A FRAMEWORK OF REGULATIONS AND A PLAN FOR PUBLIC OUTREACH REGARDING A MEDICINAL MARIJUANA DISPENSARY.

ON THE MOTION BY CM WOERNER, SECONDED BY VM GARY AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL VOTED TO CONTINUE THE MEETING PAST 11:00 TO HEAR THE FINAL ITEMS 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.

Advisory Body Interviews CM Woerner said on October 12, 2016 he and CM Spedowfski interviewed applicants for City Advisory Bodies.

Tree Replanting In response to questions by CM Woerner, City Manager Marc Roberts said under previous direction from the City Council, staff had removed publically owned trees that died during the drought; once the rainy season began, replacement of the trees would begin. He said landscape median work was also starting in the fall.

Zone 7 Rates In response to questions by CM Woerner, City Manager Marc Roberts said staff was currently working on a staff report reviewing all utility rates.

Tickets In response to questions by CM Woerner, City Manager Marc Roberts said the City's ticket policy would be reviewed at the Means and Norms Workshop that would be scheduled early 2017.

Downtown Specific Plan (DSP) CM Woerner requested and received consensus from the City Council to direct staff to start the process of revising the DSP zoning to limit the height of residential to three stories. City Manager Marc Roberts said the item could be scheduled for Council discussion at the November 14, 2016 City Council meeting.

Livermore Downtown Inc. VM Gary said he attended the latest meeting.

Advisory Body Interviews CM Spedowfski said on October 12, 2016 he and CM Woerner interviewed applicants for City Advisory Bodies.

Livermore Amador Valley Transit Authority (LAVTA) CM Spedowfski said on October 24, 2016 he attended the meeting. There was discussion on the name and branding changes of the service.

Mayors Conference Mayor Marchand said on October 12, 2016 he attended the conference. He said there were updates from the League of California Cities.

Local Agency Area Formation Commission (LAFCo) Mayor Marchand said on October 18, 2016 he attended the special meeting dealing with the Eden Township Health Care District.

Pinot's Palette Mayor Marchand said on October 19, 2016 he attended the ribbon cutting ceremony.

Livermore Police Department Mayor Marchand said on October 24, 2016 he attended the swearing in and badge pinning ceremony for new and recently promoted officers.

8.

ADJOURNMENT - at 11:13 pm to a regular City Council meeting on Monday, November 14, 2016 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.