CITY COUNCIL MINUTES

October 27, 2014

________________________________________________________________

REGULAR MEETING

1. PLEDGE OF ALLEGIANCE/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 Bob Woerner, and Councilmembers Stewart Gary, Doug Horner, and Laureen Turner.

1.02 PLEDGE OF ALLEGIANCE

1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala said there was no reportable action for Closed Session items three and four; items one and two were continued to after the regular meeting.

2. PROCLAMATIONS AND PRESENTATIONS

Proclamation honoring retiring Fire Chief Jim Miguel.

Mayor Marchand presented a proclamation to retiring Fire Chief Jim Miguel honoring his service to the community.

2.01 Proclamation declaring October as National Domestic Violence Awareness Month.

Mayor Marchand presented a proclamation to Tri-Valley Haven Executive Director Ann King declaring October as National Domestic Violence Awareness Month.

2.02 Beautification Committee Annual Update.

Beautification Committee Chairperson Jennifer Nelson presented the update.

2.03 Presentation of the 2014 Beautification Awards.

Mayor Marchand and Beautification Committee Chairperson Jennifer Nelson presented the awards.

3. CITIZENS FORUM

Eric Storjohann, Livermore, expressed safety concerns for students at St. Michaels School and Livermore High School. He requested crossing guards for the intersection of Maple and 4th Streets.

Chris Pareja, Livermore, spoke against Measure BB and requested the Council reverse its decision supporting the measure.

Don Meeker, Livermore, spoke regarding Sanborn fire maps published in 1920.

Taylor Yapp, Livermore, spoke in support of Tree of Life, the cannabis collective in Livermore.

Judy Galletti, Livermore, spoke against Measure BB and in support of council member candidate Chris Pareja.

John Stein, Livermore, spoke regarding the sidewalk on Holmes between Hampton and Concannon and asked for an update.

In response to questions by Mayor Marchand, City Manager Marc Roberts said the sidewalk was closed because it was not safe. City staff was working with the 30+ property owners to resolve the issue of private property impacting public property.

Alexandria Sulano, Livermore, spoke in support of Tree of Life, the cannabis collective in Livermore.

Derek Baker spoke in support of Tree of Life, the cannabis collective in Livermore.

In response to questions by Mayor Marchand, City Attorney Jason Alcala said currently there were two separate actions pending against the Tree of Life: 1) a criminal prosecution by the District Attorney; and 2) a code enforcement action pending with a response due to the City by October 31, 2014.

Lee Younker, Friends of Livermore chairperson, spoke in support of council member candidates Steven Spedowfski and Bob Woerner.

4. CONSENT CALENDAR

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

4.01 Approval of minutes - October 6, 2014 special City Council/Livermore Successor Agency meeting and October 13, 2014 regular City Council meeting.

4.02 Resolution 2014-168 accepting for permanent maintenance and releasing of security for the Safe Routes to School, Project No. 2012-25.

4.03 Resolution 2014-169 declaring support of Proposition 1 - The Water Quality, Supply and Infrastructure Improvement Act of 2014.

4.04 Resolution 2014-170 authorizing execution of the Master Contract with Alameda County Probation Department for services at the Horizons Family Counseling Center.

4.05 Removal of Jesse Montoya from the Livermore Housing Authority.

4.06 Resolution 2014-171 of the City Council and Resolution LSA 2014-02 of the Livermore Successor Agency authorizing the execution of an agreement to subordinate clauses 512 and 513 in the Bankhead Theater Disposition and Development Agreement to the Citys financing to refund a portion of the 2006 Bankhead Theater Bonds and acquire the Bankhead Theater.

5. PUBLIC HEARINGS

5.01 Hearing to consider a request within the Oaks Business Park for review of site, architectural, and landscape designs of three building sites with proposed logistics distribution buildings of approximately 635,000, 295,000, and 368,000 square feet, including the Isabel Avenue project landscape frontage and Business Park entry signage at Discovery Drive and Isabel Avenue. To establish the building sites and enable the proposed architecture, the application includes the following entitlements: (1) a parcel map to realign public streets and utilities (including vacating portions of Voyager Street beginning approximately 950 feet south of Jack London Boulevard to south of Discovery Drive), extending Atlantis Court south, creating a new public street south of Discovery Drive, and merging parcels to create the building sites (Building Site 1 north of Discovery Drive along Isabel Avenue, Building Site 2 south of Discovery Drive along Isabel Avenue, and Building Site 3 west of Atlantis Court); (2) an amendment to Planned Development Industrial 01-003 to allow for increases in maximum building height from 40 to 55 feet with a Conditional Use Permit on a site specific basis, increases in height of light poles, establishment of Design Standards for the Business Park entry/identification signage, and miscellaneous minor amendments as needed to maintain internal Planned Development consistency and project consistency; and (3) a Conditional Use Permit request to increase building height, including roof equipment and screening, up to 55 feet on the three building sites.

- Location: The Oaks Business Park located southwest of the junction of West Jack London Boulevard and Isabel Avenue
- Applicant: Livermore Oaks Joint Venture LLC
- On site and off site public improvements: Include vacating public streets, constructing and realigning public streets, modifying right of way property lines, and relocating and augmenting associated utilities and public facilities including but not limited to sewer, water, storm drainage, sidewalks, landscaping and lighting.
- Site Area: The Oaks Business Park is approximately 178 acres and the three subject sites comprise approximately 70 acres of the 178 acres
- Zoning: Planned Development Industrial 01-003
- General Plan: Low Intensity Industrial
- Historic Status: None
- CEQA: The environmental effects of the project were previously evaluated in the adopted Environmental Impact Report for the Oaks Business Park, State Clearinghouse #2001032069
- Application Numbers: Tentative Parcel Map 10266 (Subdivision 14-009), Development Code Amendment 14-004, Conditional Use Permit 14-003, Site Plan Design Review 14-013, Site Plan Design Review 14-015, and Site Plan Design Review 14-016

Recommendation: The Planning Commission and staff recommended the City Council adopt resolutions: accepting a previous Environmental Document Determination, relying on the previous Oaks Business Park Environmental Impact Report; approving Tentative Parcel Map 10266 (Subdivision 14-009), subject to conditions; approving Conditional Use Permit 14-003, Site Plan Design Review 14-013, 14-015, and 14-016, subject to conditions; and introduce an ordinance approving Development Code Amendment 14-004, to amend provisions of the Planned Development-Industrial zoning, PD-I 01-003.

Associate Planner Frank Guido presented the staff report.

Mayor Marchand opened the public hearing.

Dave Gonsalves, Livermore, spoke in support of the project. He said the project would provide needed jobs in Livermore.

Steve Simoni, Livermore, spoke in support of the project. He expressed concern for the traffic impacts at the Jack London/Isabel intersection and the future impacts by the project. He offered several suggestions on how to mitigate the traffic impacts.

Mayor Marchand said it was his understanding that the future tenants of the project could have staggered start and finish times for workers to avoid having a massive influx onto the surrounding streets.

Mario Santacruz, Stockton, spoke in support of the project. He said he represented carpenters throughout Alameda County and this project would provide local jobs. He also supported Measure BB and said passage of the measure would create more jobs.

In response to questions by CM Horner, Mr. Guido said traffic problem described by Mr. Simoni was a pre-existing condition. He said the project traffic studies conducted for the build-out of the business park determined that all the surrounding intersections would be working within the General Plan levels of service. He said the Jack London/Isabel intersection would be closely reviewed. Assistant City Engineer Bob Vinn said the intersection of Jack London/Isabel intersection was in Caltrans jurisdiction. He said staff would investigate and work with the State to make any improvements.

There were no more speakers and the hearing was closed.

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

Resolution 2014-172 adopting a previous environmental document determination - reliance on the previous Oaks Business Park Environmental Impact Report (State Clearinghouse Number 2001032069). Tentative Parcel Map 10266 (Subdivision (SUB) 14-009), Development Code Amendment (DCA) 14-004, Conditional Use Permit (CUP) 14-003, Site Plan Design Review (SPDR) 14-013, Site Plan Design Review (SPDR) 14-015, and Site Plan Design Review (SPDR) 14-016.

Resolution 2014-173 approving Tentative Parcel Map 10266 (Subdivision (SUB) 14-009).

Ordinance introduced amending Planned Development - Industrial (PD-I) 01-003. (The Oaks Business Park - Located South of West Jack London Boulevard and West of Isabel Avenue)

Resolution 2014-174 approving Conditional Use Permit (CUP) 14-003, Site Plan Design Review (SPDR) 14-013, Site Plan Design Review (SPDR) 14-015, and Site Plan Design Review (SPDR) 14-016.

6. MATTERS FOR CONSIDERATION

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

6.02 Discussion and direction regarding results of the report on the Mayors Summit on Homelessness.

Recommendation: Staff recommended the City Council receive the report and provide direction.

Human Services Program Manager Jean Prasher presented the staff report.

In response to questions by CM Turner, Ms. Prasher said the survey would help learn who was homeless in Livermore. Alameda County did a count of homeless persons, but it was a statistical analysis done only at service sites. She said person to person contact would not only help to identify the homeless in Livermore, but would also provide additional information such as services they were currently receiving.

CM Turner said she supported working in tandem by providing services while the survey was being conducted. She said the needs of the homeless were not universal; some needed specific services while others were not open to receiving assistance. She liked the concept of a regional approach where resources could be pooled. She said she did not want to wait an additional six months to provide services while the survey was being conducted.

VM Woerner agreed with CM Turners comments. He suggested that the Council subcommittee of CM Turner and himself continue to work with the stakeholders in addition to helping to draft the questions for the survey.

Mayor Marchand said some of the questions needed to be refined to identify the place of last permanent residency or the last place services had been received.

In response to questions by Mayor Marchand, Ms. Prasher said the AC Impact program placed the long term street homeless from the city of Livermore in Livermore; the homeless person whose last permanent address was in Livermore received housing in Livermore. She said Livermore housing was not provided to anyone from other communities. She said housing in Livermore was more expensive than Hayward, Fremont and Oakland and sometimes housing was provided in the Central Valley due to affordability. Ms. Prasher said she would follow-up on the question of how long the typical recipient stayed on housing subsidies until they became self-sufficient. The sustainable source for the current Housing First model was a HUD permanent housing voucher. She said this was through the Supportive Housing Program as a continuum of care grant, and totally separate from the Community Development Block Grant program.

In response to questions by CM Gary, Ms. Prasher said the estimated cost for the survey had been obtained by agencies who had conducted similar surveys. Staffing would be an additional expense.

CM Gary said during the next six months the community oriented policing team and Housing staff needed to talk with the existing non-profits in preparation for emergency services needed for the anticipated cold crisis this winter. He said the framework needed to be in place prior to the need. He said funding should be considered in the next budget cycle and the existing providers needed to work together in tandem to provide needed services.

In response to questions by CM Gary, City Manager Marc Roberts said additional resources would be needed as existing staff was more than fully committed. Staff was currently working with partners in other cities. He said the Police Department had been augmented by service providers in the field to make sure the homeless were aware of the services currently available. He said through the partnerships established, there was a well understood process and the key service providers worked well together.

ON THE MOTION OF VM WOERNER, SECONDED BY CM TURNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL DIRECTED STAFF TO PROCEED WITH THE SURVEY TO PROVIDE ADDITIONAL INFORMATION ON THE HOMELESS IN LIVERMORE, WORK WITH THE COUNCIL SUBCOMMITTEE ON THE NEXT STEPS RELATED TO THE SURVEY AND OTHER ACTIVITIES TO BE DONE IN TANDEM, IDENTIFY ADDITIONAL RESOURCES THAT ARE AVAILABLE IN THE REGION, UTILIZE CURRENT AVAILABLE SERVICES THROUGH ABODE AND LIVERMORE POLICE DEPARTMENT OUTREACH TEAM TO DOVETAIL WITH THE ADDITIONAL INFORMATION GATHERING.

6.03 Update on the Fiscal Years 2012-2015 City Council Goals and Priorities.

Recommendation: The report was for information only; no action was required.

City Manager Marc Roberts presented the staff report.

THE CITY COUNCIL RECEIVED THE REPORT; NO ACTION WAS TAKEN.

6.04 Discussion and direction regarding pending State or Federal legislation. None.

7. 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 Councilmembers.

Memorial Service CM Horner said he attended the memorial service for David Mertes. He recapped Mr. Mertes career in education and said he had affected over 8 million students.

CM Turner did not have a report.

Livermore Downtown Inc. CM Gary said he attended the recent Board of Directors meeting.

School Crossing Guards CM Gary referred to comments made during Citizens Forum. He requested staff review the active locations and the removed locations for school crossing guards for future Council consideration. Consensus of Council was received.

Traffic CM Gary suggested staff prepare a mini-page on the Citys webpage to list the current traffic studies being conducted throughout the City.

In response to questions by VM Woerner, City Manager Marc Roberts said the timing of the traffic signal at Jack London and Isabel was controlled by Caltrans. He said staff had identified problem areas and would be working on resolutions.

Livermore Amador Valley Transit Authority (LAVTA) VM Woerner said he attended the October 27, 2014, meeting of the Programs and Services Committee.

iGate Mayor Marchand said on October 14, 2014, he attended the board meeting. It was decided to combine the Boards and partner with Innovation Tri-Valley.

Axis Community Health Mayor Marchand said on October 16, 2014, he attended the groundbreaking ceremony.

Association of California Water Agencies Mayor Marchand said on October 20, 2014, he gave a presentation on water supply reliability.

Parent Project Mayor Marchand said on October 21, 2014, he attended the meeting.

Police Swearing In Mayor Marchand said on October 22, 2014, he attended the swearing in ceremony for new officers.

Alameda County Transportation Commission (ACTC) Mayor Marchand said on October 23, 2014, he attended the Transportation Expenditure Plan (TEP) update and comprehensive investment strategy.

Memorial Service Mayor Marchand said on October 23, 2014, he attended the memorial service for Bill McCammon, Executive Director, East Bay Regional Communication System Authority.

Veterans Administration (VA) Mayor Marchand said on October 23, 2014, he had a quarterly update with the VA that included new construction projects and delays being experienced at French Camp and Fremont.

State Route 84 Mayor Marchand said on October 24, 2014, he attended the State Route 84 Expressway Widening - Segment 1 Ribbon Cutting.

Bully Mayor Marchand said on October 29, 2014, there would be a free screening of the anti-bullying movie at the Vine Cinema.

8. ADJOURNMENT - The meeting was adjourned at 9:36 pm to the continued Closed Session.