CITY COUNCIL MINUTES

November 10, 2014

________________________________________________________________

1. CALL TO ORDER/PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:11 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.

2. PROCLAMATIONS AND PRESENTATIONS

Presentation by IAFF Local 1974 Livermore-Pleasanton Firefighters Foundation.

Gregg Stanford, IAFF Local 1974 Livermore-Pleasanton Firefighters Foundation, presented a check for $1,500 to the Cancer Society and said the Foundation would hold another fundraiser in October 2015.

Patty Crohare, Relay for Life, thanked the LPFD and said the Relay for Life 2015 would be held June 27th at Livermore High School.

2.01 Confirmation of advisory body appointments and reappointments and administration of oath of office to new members.

Beautification Committee
Appointment of Lesa Barker to an unexpired term ending June 1, 2017

Commission for the Arts
Reappointment of Chelle Clements to a regular term ending January 1, 2019

Housing Authority
Appointment of Joyce Rocha to an unexpired term ending January 1, 2016
Appointment of Mary Shuman to a regular term ending January 1, 2019
Reappointment of Carl Asbury to a final term ending January 1, 2019
Appointment of Donna Black to a tenant unexpired term ending January 1, 2019
Reappointment of Wanda Hunter to a tenant regular term ending January 1, 2019

Livermore Area Youth Advisory Commission
Appointment of Alejandra Arroyo to an unexpired term ending September 1, 2015
Appointment of Mia Gonzalez to an unexpired term ending September 1, 2015
Appointment of Grant Murphy to an unexpired term ending September 1, 2015
Appointment of Piper Cooke to an unexpired term ending September 1, 2016
Appointment of Amy Malocsay to an unexpired term ending September 1, 2016
Appointment of Yesenia Medina to an unexpired term ending September 1, 2016
Appointment of Monique Quihuis to an unexpired term ending September 1, 2016
Appointment of Shannon Yan to an unexpired term ending September 1, 2016

ON THE MOTION OF VM WOERNER, SECONDED BY CM GARY AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS WITH THE EXCEPTION OF GRANT MURPHY.

Acting Deputy City Clerk Sarah Bunting administered the oath of office to Lesa Barker, Alejandra Arroyo, Mia Gonzalez, Piper Cooke, Amy Maloscay, Yesenia Medina, Monique Quihuis and Shannon Yan.

3. CITIZENS FORUM

Robert S. Allen, Livermore, spoke regarding Measure BB and thanked the Council for supporting the measure.

Don Meeker, Livermore, spoke regarding historical development of Olivina Avenue, the Citys ownership of land previously belonging to the Hagemann family, and the name of the Oak Knoll Cemetery.

John Stein, Livermore, spoke regarding the passage of Measure T in Dublin and said the City should work with the City of Dublin, Alameda County, and East Bay Regional Park District to develop a plan for Doolan Canyon.

4. CONSENT CALENDAR

Item 4.09 Mayor Marchand said the City and employees came together to recognize the importance of the MOU for the long-term health of the City.

Mike Pato, President, Association of Livermore Employees, said the association took pride in working collaboratively with the City to meet the goals of the membership as well as the goals and needs of the City.

Item 4.03 CM Gary said the lack of debate regarding implementation of body-worn cameras showed the healthy relationship between the Police Department and community.

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

4.01 Approval of minutes - October 20, 2014 special City Council meeting closed session and October 27, 2014 regular City Council meeting.

4.02 Adoption of Ordinance 2011 amending Planned Development - Industrial (PD-I) 01-003 for the Oaks Business Park. Location: South of West Jack London Boulevard and West of Isabel Avenue.

4.03 Resolution 2014-175 authorizing appropriation of AB3229 Supplemental Law Enforcement Funds, in the amount of $134,000, to purchase TASER International Axon Flex body-worn cameras and one year of Evidence.com online storage services; and authorizing execution of a five-year agreement with TASER International, in an amount not to exceed $279,000, for body-worn cameras and online data storage services.

4.04 Resolution 2014-176 authorizing execution of an agreement with St. Francis Electric, Inc., in the amount of $228,805, for the Battery Backup System and Miscellaneous Traffic Improvements, Project No. 2012-22.

4.05 Resolution 2014-177 approving Final Tract Map and authorizing execution of the Subdivision Improvement Agreement (Tract Map 7633). Location: Portola Avenue and First Street.

4.06 Resolution 2014-178 authorizing execution of the First Amendment to the Exclusive Negotiating Rights Agreement with WRA, Inc., environmental consultants, extending the term of the agreement six months to assess the opportunity for establishing a conservation and/or mitigation bank on City-owned properties in Doolan Canyon and the Springtown Alkali Sink.

4.07 Resolution 2014-179 appropriating $90,000 in Water Resources Replacement funds to the Isabel Avenue/I-580 Interchange, Project No.1992-38; and authorizing execution of an agreement with Green Valley Group, in the amount of $918,256, for the construction of the Isabel Avenue Corridor Landscape Restoration of Various Frontages and Water Reclamation Plant Water Feature, Project No. 1992-3855.

4.08 Resolution 2014-180 authorizing issuance of a purchase order with L.N. Curtis & Sons, in an amount not to exceed $211,500, for materials, supplies and services in support of daily operations for the Livermore-Pleasanton Fire Department.

4.09 Resolution 2014-181 approving the Memorandum of Understanding between the City of Livermore and the Association of Livermore Employees.

5. PUBLIC HEARINGS

5.01 Hearing to consider a request to subdivide and redevelop four existing parcels for the development of 27 detached single family residences, landscaping, and appurtenant improvements. The project involves vacating a portion of the Old First Street right-of-way. (Brighton)

Recommendation: The Planning Commission and staff recommended the City Council adopt a resolution approving Vesting Tentative Tract Map 8173 and Downtown Design Review 14-002, summarily vacating a portion of the Old First Street right-of-way, and directing staff to file a Notice of Exemption for the applications.

Senior Planner Scott Lee presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

In response to questions by Mayor Marchand, Mr. Lee said in response to comments made by the Planning Commission, the project would include a sound wall along the railroad which required cooperation from the property owner at Junction Avenue and Old First Street; he said the applicant had a verbal agreement with the property owner and there would not be a sound wall along Old First Street as originally proposed.

CM Horner said he was pleased to see the project develop with a vision for the neighborhood.

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

Resolution 2014-182 approving Vesting Tentative Tract Map 8173 (SUB 14-003) and Downtown Design Review 14-002. (Brighton)

5.02 Hearing to consider a request to amend the General Plan Circulation Element to include Complete Streets policies to implement a safe and efficient transportation system for all users that is context sensitive to local conditions and needs.

Recommendation: The Planning Commission and staff recommended the City Council adopt a resolution approving General Plan Amendment 14-001, incorporating the Citys Complete Streets Policy into the Circulation Element.

Associate Planner Debbie Bell presented the staff report.

In response to questions by CM Horner, Ms. Bell said the goals and policies in the General Plan viewed projects individually and considered the needs of all users to create flexibility but there was not specific wording for overpasses. She said the Citys Bikeway and Trail Master Plan included bike lanes on overpasses; however, a policy could be added to the General Plan regarding bike lanes and pedestrians.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

Mayor Marchand spoke regarding the strings attached to membership in the Alameda County Transportation Commission and related funding. He said this was a great example of those strings such as providing safe, convenient and comfortable mobility for all users; these were easy strings to agree with.

ON THE MOTION OF MAYOR MARCHAND, SECONDED BY CM TURNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION AS AMENDED TO INCLUDE A STRONG, SPECIFIC, AFFIRMATIVE POLICY TO MAKE GRADE SEPARATIONS SAFE FOR BICYCLISTS AND PEDESTRIANS:

Resolution 2014-183 amending the General Plan Circulation Element to incorporate the Citys complete streets policy and adopting a negative declaration and certifying the environmental document (General Plan Amendment GP 14-001).

5.03 Hearing to consider adjustments to the Tri-Valley Transportation Development Fee as adopted by the Tri-Valley Transportation Council on June 19, 2014, and to amend Chapter 12.24 of the Municipal Code, Tri-Valley Transportation Development Fee.

Recommendation: Staff recommended the City Council provide direction.

Associate Planner Debbie Bell presented the staff report.

Mayor Marchand said the fee was to provide seed money and matching funds to bring in grants for the larger transportation projects.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

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

Resolution 2014-184 adopting the Tri-Valley Transportation Development Fee pursuant to the requirements of the Joint Exercise of Powers Agreement.

Ordinance introduced amending Municipal Code Chapter 12.24, Tri-Valley Transportation Development Fee, to reflect the revised title of the Joint Exercise of Powers Agreement, eliminate references to the Joint Powers Authority, and replace references to specific automatic fee adjustment dates with generic timeframes to be compatible with supporting documents.

6. MATTERS FOR CONSIDERATION

6.01 Discussion and direction regarding City Council appointments to Intergovernmental Agencies.

Mayor Marchand appointed Planning Commissioner - Council Member Elect Steven Spedowfski to serve as Special Livermore Representative to the November 17, 2014, Water Policy Roundtable meeting.

6.02 Discussion and direction regarding initiation of a General Plan Study to evaluate transitioning land use on the south side of First Street, between Scott Street and Trevarno Road, from service commercial to residential.

Recommendation: Staff recommended the City Council provide direction.

Associate Planner Christine Rodrigues presented the staff report.

CM Horner said the area worked well as residential. He expressed concerns regarding compatibility and said developing a comprehensive plan made sense; he said he was in favor of studying the issue further.

CM Gary said the area needed a vision and he was in favor of the study; he said tenants should be contacted to learn business relocation needs.

ON THE MOTION OF CM GARY, SECONDED BY CM HORNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL DIRECTED STAFF TO PROCEED WITH THE GENERAL PLAN STUDY.

6.03 Discussion and direction regarding the Downtown Parking Management Study.

Recommendation: The Planning Commission and staff recommended the City Council adopt a resolution accepting the Downtown Parking Management Study and direct staff to develop an Implementation Plan.

City Engineer Cheri Sheets and Consultant Brian Canepa, Nelson/Nygaard, presented the staff report.

In response to questions by CM Turner, Ms. Sheets confirmed the implementation would include enhanced ADA access as well as signage. She said enhanced bicycle parking would require coordination with stakeholders and was likely a short-term strategy that could be looked at in the next budget cycle.

In response to questions by CM Turner, Community and Economic Development Director Stephan Kiefer said specific locations for bicycle parking had not yet been identified and could be looked at in the next twelve months, including exploration of private-public partnerships for additional funding.

In response to questions by VM Woerner, Ms. Sheets confirmed that lighting would be included in the implementation plan, saying the items listed at the end of the presentation were not comprehensive and were meant to identify examples within each strategy.

In response to questions by CM Gary, Ms. Sheets said around thirty people attended the public workshop at the Vine Theater.

CM Gary spoke in support of the near-, mid- and long-term strategies depending upon negotiations for the Livermore Village site. He said the City did not have the funding to pay for a parking garage and the key to development would be a comprehensive development master plan for a phased approach over several fiscal years. He expressed opposition towards another assessment district downtown or a city-wide sales tax, saying perhaps parking garage charges or surface lot charges later might be part of the revenue mix with private investments.

In response to questions by Mayor Marchand, Mr. Canepa said the impact of projected development was still considerable in the downtown even without the theater.

CM Horner said the problem was a walking problem, not a parking problem because the public parking garage was underutilized and over one-third of on- street parking spaces were available even during peak hours. He said strategies that provided better lighting and made level connections between streets and parking lots would pay off best. He said Livermore Village was going to happen and the only solution was a structure.

Mr. Kiefer said many of the short-term strategies addressed the walking issue.

Mayor Marchand said alternate sites needed to be provided for employee parking; he said additional surface parking would be a good start.

CM Gary said he was intrigued by the possibility of utilizing private parking lots from the businesses along Second and Third Streets with improved accessibility and visibility; he said valet parking had been tried by some Downtown businesses.

In response to questions by VM Woerner, Mr. Canepa said many of the private lots were not used, although there was variation among the lots.

Mayor Marchand invited public comment.

John Stein, Livermore, submitted a letter to the Council and commented on the parking study, including spillover from future residential projects, the lack of on-street parking in older residential areas, the timing of the parking structure construction, implementing a card lot for employees, color coding levels on the parking structure; and said Livermore Village was a catalyst for Livermore.

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

Resolution 2014-185 accepting the Downtown Parking Management Study and directing staff to develop an implementation plan.

6.04 Discussion and direction regarding pending State or Federal legislation.

Interim Assistant to the City Manager John Hurd presented a legislative update regarding Senate Bills 270 and 1251 and Assembly Bills 2188, 1147, and 1525.

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.

Livermore-Amador Valley Water Management Authority (LAVWMA) CM Horner said on November 5, 2014, he attended the meeting.

Livermore Amador Valley Transit Authority (LAVTA) CM Turner said she attended the regular meeting and Finance committee meeting; she said a comprehensive study was being prepared to look at bus routes.

Advisory Body Interviews CM Turner said she interviewed several individuals for the Citys advisory bodies and said there was unbelievable energy in the community for volunteering.

Advisory Body Interviews CM Gary reported that he attended the interview session with CM Turner where there was a high level of energy and interest in volunteering.

Livermore Amador Valley Transit Authority (LAVTA) VM Woerner said he attended the meeting; he said Wheels was transitioning to a new director.

Bully Project Mayor Marchand said on October 29, 2014, he presented the Bully project at the Vine Theater through the U.S. Conference of Mayors. He said there were around seventy-five participants taking a stand against bullying and there was interest in developing a task force.

Innovate Pleasanton Mayor Marchand said on October 29, 2014, he attended the event in Pleasanton as an extension of the iGATE innovation program.

Livermore Cultural Arts Council (LCAC) Mayor Marchand said he attended the meeting.

Livermore-Amador Valley Water Management Authority (LAVWMA) Mayor Marchand said on November 5, 2014, he attended the meeting.

Retirement of Fire Chief Jim Miguel Mayor Marchand said on November 7, 2014, he attended the Walk Off ceremony for retiring Livermore-Pleasanton Fire Chief Jim Miguel.

Alameda County Transportation Commission Mayor Marchand said on November 10, 2014, he attended the meeting where an update on I-580 High-Occupancy Transportation and High-Occupancy Vehicles was presented. He said the Commission discussed selection criteria for their five-year Comprehensive Implementation Plan.

Citizens Survey Mayor Marchand said the City had mailed a citizens survey to 3,000 residents; the information gathered would help develop goals and priorities for the next two years, five years, and the twenty-five year horizon.

8. ADJOURNMENT - at 8:57 pm to a regular City Council meeting on Monday, November 24, 2014 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.