CITY COUNCIL MINUTES

December 9, 2013

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REGULAR MEETING

1.

CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting of the City Council was called to order by Mayor John Marchand at 7:13 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

Acting City Attorney Jason Alcala said there was no reportable action; the Closed Session would be continued to after the Regular Meeting.

2. PROCLAMATIONS AND PRESENTATIONS

2.01 Proclamation honoring Lurline and Randy Moore with the Mayor's Special Award for Livermore Community Service.

Mayor Marchand presented the Community Service Award to Brandon Moore, Sarah Moore, Don Pitt and Debbie Anderson.

2.02 Presentation of Beacon Spotlight Awards for the Citys energy savings achievements by Pacific Gas and Electric Company (PG&E).

PG&E Customer Relationship Manager Andrea Schumer presented the awards.

2.03 Library Board of Trustees Annual Update.

Library Board of Trustees Chairperson Matthew Berry presented the update.

3. CITIZENS FORUM

Tristan Bench, Livermore, spoke regarding his concerns for the Springtown Preserve and said there should be more effective measures for regulation, renovation, and communication for the protection of the natural resources.

In response to questions by Mayor Marchand, Community and Economic Development Director Stephan Kiefer said staff was in the process of upgrading some of the protective measures at the preserve.

Marylia Kelley, Executive Director, Tri-Valley Cares, Livermore, said Tri-Valley Cares would celebrate its 30th Anniversary on December 10, 2013. She said Tri-Valley Cares was the leading watchdog organization monitoring the Livermore Lab and the United States nuclear weapons complex.

John Stein, Livermore, expressed his thanks to Mayor Marchand for forcefully presenting to the BART Board the position of Livermore residents to keep the BART alignment on I-580. He said the traffic signal at the intersection of Vallecitos and Vineyard improved safety and it was time to look at other improvements such as a conference center.

Don Meeker, Livermore, spoke regarding fallout shelters in Livermore dating back to 1961.

4. CONSENT CALENDAR

Item 4.11 John Stein, Livermore, said the existing trees at Mills Square Park should be retained on the site.

Mayor Marchand clarified that the report should read Livermorium Plaza at Mills Square Park.

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 Introduction of an ordinance to make several minor updates, clarifications, and revisions to existing sections of the Municipal Code.

4.02 Approval of the City Council/Successor Agency Meeting Calendar for 2014.

4.03 Resolution 2013-141 declaring intention to reimburse expenditures relating to El Charro Public Infrastructure Phase II improvements from the proceeds of certain obligations to be issued and directing certain actions.

4.04 Resolution 2013-142 approving the Annual Report on Development Fee Revenues and Expenditures for Fiscal Year 2012-2013.

4.05 Resolution 2013-143 authorizing the issuance of a purchase order to Municipal Maintenance Equipment, in an amount not to exceed $274,394, for the purchase of a replacement street sweeper.

4.06 Resolution 2013-144 appropriating $30,000 in Las Positas Golf Course Enterprise Funds in Fiscal Year 2013-2014 to the Las Positas Golf Course Bridge Replacement, Project No. 2007-2055 and authorizing execution of an agreement with George Bianchi Construction, Inc., in the amount of $132,119, for construction of the project.

4.07 Resolution 2013-145 authorizing execution of an agreement with Steiny and Company, Inc., in the amount of $420,160, for construction of the Traffic Signal Reconstruction, Project No. 2010-21, Street Light Installation, Project No. 2001-13, and Street Light Upgrade and Relocation, Project No. 2000-62.

4.08 Resolution 2013-146 authorizing execution of an agreement with Valley Demolition, Inc., in the amount of $21,926, for the Demolition and Asbestos Abatement of 50 South L Street, Project No. 586003.

4.09 Resolution 2013-147 authorizing execution of a grant agreement with Livermore Downtown Inc., in the amount of $75,000, to provide services and events associated with the marketing and promotion of the downtown for Fiscal Year 2013-2014.

4.10 Resolution 2013-148 authorizing execution of lease renewal agreements for office space at the Multi-Service Center with the County of Alameda and Bay Area Community Services.

4.11 Resolution 2013-149 approving the Request for Qualifications/Call for Artists to commission a Livermorium themed public art project to be placed on Livermorium Plaza in Mills Square Park, and appropriating up to $125,000 from the Public Art In-Lieu fund for the project.

4.12 Resolution 2013-150 authorizing execution of the first addendum to the Revenue Sharing Agreement with Livermore Area Recreation and Park District (LARPD) for wireless telecommunication facility leases on land owned by the City of Livermore and operated/maintained by LARPD.

4.13 Resolution 2013-151 amending the Public Hearing date for the formation of the State Route 84 (Isabel Avenue) Underground Utility District to the January 13, 2014 City Council Meeting.

5. PUBLIC HEARINGS

5.01 Hearing to consider a request to amend the Oaks Business Park Development Agreement by extending the term an additional four years to March 22, 2018.

Location: Southwest intersection of West Jack London Boulevard and Isabel Avenue
Applicant: Livermore Airway Associates, LLC
On site and off site public improvements: None
Site Area: 177± acres
Zoning: Planned Development Industrial (PD I) 01-003
General Plan: Low Intensity Industrial (LII)
Historic Status: None
CEQA: Previous Environmental Impact Report State Clearinghouse number 2001032069
Application Number: Development Agreement Amendment (DAA) 13-001

Recommendation: The Planning Commission and staff recommended the City Council introduce an ordinance authorizing execution of Development Agreement Amendment 13-001, extending the terms of Development Agreement 02-002 to March 22, 2018.

Principal Planner Steve Riley presented the staff report.

In response to questions by VM Woerner, Mr. Riley said discussions with the landowner had determined that four years was sufficient time to substantially develop the park.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

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

Ordinance introduced approving the first amendment to Development Agreement 02-002 with Livermore Airway Associates regarding the Oaks Business Park (VTTM 7300).

5.02 Hearing to consider a request to amend the Affordable Housing Program and the Affordable Housing fee in the Development Code and the Municipal Code.

Location: Citywide
Applicant: City of Livermore
On site and off site public improvements: None
Site Area: Various
Zoning: Various
General Plan: Various
Historic Status: None
CEQA: A Negative Declaration under the provisions of the California Environmental Quality Act (CEQA) will be considered.
Application Number: Municipal Code Amendment (MUNI) 13-001 and Development Code Amendment (DCA) 13-001

Recommendation: The Planning Commission and staff recommended the City Council introduce an ordinance approving Development Code Amendment 13-001.

Staff recommended the City Council introduce an ordinance approving Municipal Code Amendment 13-001 and adopt a resolution certifying the environmental document and modifying the Affordable Housing Fee for residential development.

Senior Planner Scott Lee, Senior Management Analyst Frances Reisner, and consultant Libby Seifel, President, Seifel & Associates, presented the staff report.

Mayor Marchand opened the public hearing.

Jeff Schroeder, Pleasanton, said the item should be continued to allow more time for discussion about the fee as there was a lot of activity at the state level and in the courts regarding inclusionary zoning. Also, there was a lot of information in the nexus analysis that he wanted to discuss. He questioned raising the fee at this time as the City had $13 million in the affordable housing fund. He suggested the Council create a task force to discuss this further.

In response to questions by Mayor Marchand, Mr. Lee said the new fee would become effective February 28, 2014. Applications that had not been deemed complete by that date would be subject to the must build requirements. He said the new per square foot fee would become effective in 2015.

Daniel Adams, Mid Penn Housing, spoke in support of affordable housing and approval of this item. He said the ability to provide affordable housing and maintain a diverse workforce in the local communities relied on local initiatives that allowed for a certain portion of units to be designated for low to moderate income.

CM Horner said he supported the item and expressed his appreciation for the item finally coming before the Council for approval.

CM Gary spoke in support of the item. He said there should be an end to the temporary suspension of the program. He said regarding open space acquisition fees in north Livermore, he was interested in the policy output for accomplishing the goal rather than the fee per square foot or x percent of included units. He said he wanted to produce low income housing, not just collect fees.

In response to questions by VM Woerner, Mr. Schroeder said adoption of the ordinance would increase the fees for builders; he stated the current fee of $100,000 per unit would increase by $35,000. He said the fee structure needed to be reviewed and questioned who should pay for building affordable housing.

VM Woerner said he supported adoption of the ordinance; however, there were several areas of discussion that needed to occur between City staff and the building community.

Assistant Community & Economic Development Director Eric Uranga corrected the earlier statement made by Mr. Schroeder and said there was only $2-3 million in uncommitted affordable housing in-lieu funds that would cover half of a medium sized project.

Mayor Marchand said the City had an affordable housing policy since 1987. He said he supported adoption of the ordinance along with having discussions between staff and the development community.

There were no more speakers and the hearing was closed.

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

Ordinance introduced amending Development Code Section 10.06.050, Affordable Housing, to update and modify the affordable housing requirement for residential development. (Development Code Amendment 13-001)

Ordinance introduced amending Municipal Code Chapter 3.26, Affordable Housing Fee, to update and modify the Affordable Housing requirement for residential development. (Municipal Code Amendment 13-001)

Resolution 2013-152 updating the Affordable Housing In-lieu Fee and adopting a negative declaration and certifying the environmental document for the Affordable Housing In-lieu Fee, Municipal Code Amendment 13-001, and Development Code Amendment 13-001.

5.03 Hearing to consider a request to:

1. Amend the General Plan Urban High 5 Residential (22-38 dwelling units per acre) land use category to create two subcategories: Urban High 5a (22-30 dwelling units per acre) and 5b (30-38 dwelling units per acre);

2. Amend the General Plan land use designations on three vacant parcels from Industrial to a dual designation of Industrial/Urban High 5b Residential;

3. Amend the zoning on these parcels to Planned Development (PD) consistent with the new land use designations; and

4. Amend the Downtown Specific Plan to allow a density range of 30 to 36 dwelling units per acre in a subarea of the Neighborhood North Side Plan Area.

Locations: 1) 4683 and 4715 Bennett Drive; 2) South Vasco Road, east of ACE station/parking; and 3) north side of Railroad Avenue between Murrieta Boulevard and P Street
Applicant: City of Livermore
On site and off site public improvements: None
Site Area: Approximately 46± acres
Zoning: Various
General Plan: Various
Historic Status: None
CEQA: A Mitigated Negative Declaration under the provisions of the California Environmental Quality Act (CEQA) will be considered.
Application Numbers: General Plan Amendment (GPA) 13-007, Zoning Map Amendment (ZMA) 13-003, Downtown Specific Plan Amendment (SPPA)13-003

Recommendation: The Planning Commission and staff recommended the City Council adopt a resolution approving General Plan Amendment 13-007, introduce an ordinance approving Zoning Map Amendment 13-003, and adopt a resolution approving Specific Plan Amendment 13-003.

Principal Planner Susan Frost presented the staff report.

In response to questions by Mayor Marchand, Ms. Frost said the units were not rental units; Mills Springs was 30 units, the corner unit of Heritage Estates was 60 units to the acre, and the first phase of Heritage Estates was 30 units to the acre. Ms. Frost said staff had been in discussion with the school and park districts regarding additional facilities for the development of the neighborhood plans.

Mayor Marchand opened the public hearing.

John Stein, Livermore, said there seemed to be a dichotomy as the prior item distributed affordable housing throughout the community and the present item concentrated affordable housing into one area. He questioned several aspects of the project including the quality of life provided by the site locations if the designation of industrial and residential allowed for mixed uses. He said there needed to be a more detailed traffic analysis and development should be on a single 100-150 acre site that would allow for a school, a park and 50 units per acre.

In response to questions by Mayor Marchand, Ms. Frost said regarding the dual designation of industrial and residential, once a development occurred as one land use or another, a conditional use permit would be required to switch to the other use. Staff did not anticipate that uses would be mixed on sites; however, that option was open to developing a site. Ms. Frost said there were not any 100 acre sites available to develop a pre-planned community that would include a school, park and housing.

There were no more 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 RESOLUTIONS AND INTRODUCED THE FOLLOWING ORDINANCE:

Resolution 2013-153 amending the General Plan Amendment 13-007.

Ordinance introduced amending the Zoning District Map of the City of Livermore, Zoning Map Amendment 13-003.

Resolution 2013-154 approving specific Plan Amendment 13-003.

City Manager Marc Roberts announced that Susan Frost, Principal Planner was retiring after 27 years of service with the City.

6. MATTERS FOR CONSIDERATION

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

Mayor Marchand said he would consider reappointments to Intergovernmental Agencies at the next City Council meeting.

6.02 Discussion and direction regarding Appointment of Councilmembers to the City Council Subcommittee to conduct Advisory Body interviews from January 1 through June 30, 2014, including the Livermore Area Youth Advisory Commission.

Recommendation: Staff recommended two Councilmembers be appointed to serve on the City Council Subcommittee for Advisory Bodies.

Mayor Marchand appointed CM Horner and CM Turner to the Subcommittee for Advisory Bodies.

6.03 Discussion and direction regarding the Altamont Landfill Open Space Committee's recommendation to fund an East Bay Regional Park District grant request in the amount of $250,000, and the Citizens for Balanced Growth and City staff recommendation to fund the East Bay Regional Park District's grant request in the amount of $250,000 for the acquisition of 79+ acres east of North Vasco Road and west of Laughlin Road; the Altamont Landfill Open Space Committee recommendation to fund an East Alameda County Conservation Strategy Implementation Committee's grant request in the amount of $5,000 to develop a Geographic Information System.

Recommendation: Staff recommended the City Council adopt the resolutions.
Senior Planner Steve Stewart presented the staff report.

In response to questions by CM Turner, Mr. Stewart verified the funding sources and said no City of Livermore general fund monies would be used.

CM Horner said the City continued to approve funding for the acquisition of open space by East Bay Regional Park District (EBRPD); however, he was concerned that trailheads, benches, and staging areas for use by Livermore residents had yet to be developed. He said he was tired of approving funding requests for EBRPD with no benefits to Livermore.

In response to CM Horners questions regarding the Doolan Ranch property, Mr. Stewart said staff had been working with EBRPD to develop a habitat management plan for the entire property that plotted trails to avoid sensitive resources, and addressed soil stability issues and adjacent property uses before the exact trails could be constructed. EBRPD had been working on developing access to these sites for Livermore residents. He said staff had been working on the Doolan project for several years and the project should be completed within 6-8 months.

In response to CM Horners questions regarding the Farber property, Mr. Stewart said development was still in the early stages. Due to EBRPD actively pursuing acquisitions to grow the Brushy Peak area, the plan needed to be flexed to accommodate the area expansion. He said a staging area was still in the plan. In response to CM Horners questions regarding funding, Mr. Stewart said there were some eligibility restraints for use of their bond measure funds.

Community & Economic Development Director Stephan Kiefer said staff would include in the next quarterly update the amount of open space, the opportunities for the community to visit the open space, and the continued development by EBRPD.

In response to questions by CM Gary, Mr. Stewart said the funding from the County would be considered in January 2014; the close of escrow was anticipated for late winter 2014.

East Bay Regional Parks District Assistant General Manager Bob Nisbet said EBRPD was very committed to providing amenities to the public, such as staging areas, trails and access. He said the past five years had provided for the acquisition of several properties and the District had not kept up on the planning and development of the facilities. He suggested meeting quarterly with City staff to continue to work together on the projects.

CM Gary suggested a 30-day suspension of approving the purchase agreement to allow time for EBRPD to present the planning and timeline for the Livermore Valley acquisitions.

In response to comments by CM Gary, Mr. Nisbet encouraged the Council to approve the funding as this was one in a series of events that needed to occur to complete the transaction. He recommitted to EBRPD working on the development of amenities for the Livermore Valley acquisitions.

City Manager Marc Roberts suggested the Council approve the funding; staff would return to Council in February 2014 with a complete update on each of the properties including amenities planned or considered.

CM Turner spoke in support of the funding requests.

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

Resolution 2013-155 accepting the Altamont Landfill Open Space Committees recommendation to authorize the East Bay Regional Park Districts grant request in the amount of $250,000.

Resolution 2013-156 accepting the Citizens for balanced Growth and City staff recommendation to authorize the East Bay Regional Park Districts grant request in the amount of $250,000 from the Dougherty Valley Settlement Agreement Open Space Fund.

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.

Holiday Parade CM Gary said he attended the Annual Holiday Parade on December 7, 2013.

Arroyo Mocho CM Gary requested staff to address the homeless encampment that had re-established itself along the Arroyo Mocho.

Springtown Preserve CM Gary requested staff explore the possibility of pump track and other activities for off-road cycling. He said to preserve the habitat and open space areas, alternatives for off-road activities need to be provided.

CM Horner did not have a report.

Stuff the Bus Event CM Turner said the Stuff the Bus event was running through December 15, 2013. She said the bus fare to ride Rapid to the Prime Outlets or to Stoneridge Mall would only be one canned food item that would be donated to local food shelters.

VM Woerner said he supported exploration of a pump track and endorsed the Stuff the Bus event.

Giving Tree Mayor Marchand said the Giving Tree program, sponsored by the Livermore Police Department, provided for the needy in the community.

Deacon Daves Christmas Lights Mayor Marchand said 372,250 lights were on display; this years theme was Santas Castle.

Menorah Lighting Mayor Marchand said on November 30, 2013 he attended the lighting of the Menorah.

Chamber of Commerce Mayor Marchand said on December 4, 2013 he attended the Economic Development Sub-Committee; there was a presentation on the Livermore Premium Outlets. He said 7 million people had shopped at the Outlets this past year with 800 buses bringing shoppers from over 17 different countries.

Livermore Cultural Arts Council Mayor Marchand said on December 4, 2013 he attended the meeting.

Alameda County Transportation Commission (ACTC) Mayor Marchand said on December 5, 2013 he attended the meeting. He said the Transportation Expenditure Plan (TEP) had been amended; a sub-committee was formed for further refinement and for the new TEP that would be on the November 2014 ballot.

BART Board of Directors Mayor Marchand said the City would continue to engage the BART Board regarding bringing BART to Livermore and keeping the alignment on I-580 to Isabel.

Silicon Valley Cities Association Mayor Marchand said on December 5, 2013, he delivered the keynote address and spoke regarding Bridgelux, Livermores sustainable energy project, and the capacity project.

Seasonal Displays Mayor Marchand announced Trinity Baptists drive through nativity display would be open December 12 through 15, 2013 and the Living Bethlehem display would be open December 12 through 16, 2013.

Appointments to Intergovernmental Agencies Mayor Marchand requested the Councilmembers email him with any changes they would like to their Intergovernmental Agency appointments. He said the requests would be considered and any reappointments would be made at the January 13, 2014 Council meeting.

Robert R. Bob Baltzer Mayor Marchand said that longtime Livermore resident and community activist Bob Baltzer had passed away. The meeting would be adjourned in his honor.

8. ADJOURNMENT The Regular Meeting adjourned at 9:20 pm in memory of Robert R. Baltzer to the continued Closed Session.

APPROVED:
JOHN P. MARCHAND, MAYOR

ATTEST:
SUSAN NEER, CITY CLERK