December 10, 2018

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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 7:02 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

1.01 ROLL CALL - Present: Mayor John Marchand, Vice Mayor Bob Woerner and Council Members Robert W. Carling, Bob Coomber, and Steven Spedowfski.

1.02 PLEDGE OF ALLEGIANCE

2.

PROCLAMATIONS AND PRESENTATIONS

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

Beautification Committee

Appointment of Cynthia Dake to an unexpired term ending June 1, 2019 and to a regular term ending June 1, 2023.

Commission for the Arts

Reappointment of Robert Gausman, Monya Lane, and Elizabeth McWhorter to regular terms ending January 1, 2023.

Historic Preservation Commission

Reappointment of Barbara Savoy to a final term ending May 1, 2022.

Human Services Commission

Appointment of Olivia Angus to an unexpired term ending November 1, 2022.

Livermore Area Youth Advisory Commission - Youth

Appointment of Miraya Choudhury to an unexpired term ending September 1, 2019 and to a regular term ending September 1, 2021.

Livermore Housing Authority

Reappointment of Wanda Hunter to a final tenant term ending January 1, 2023; and reappointment of Mark Palajac to a regular term ending January 1, 2023.

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

City Clerk Sarah Bunting administered the oath of office to Cynthia Dake and Olivia Angus.

2.02 Proclamation honoring Council Member Steven Spedowfski.

Mayor Marchand presented a proclamation to outgoing Council Member Steven Spedowfski; and presented a proclamation of recognition from Senator Glazer.

3.

CITIZENS FORUM

Greg Scott, Livermore, spoke regarding issues relating to homelessness in Livermore and said veterans should be treated better.

Neil Herrick, Livermore, said he was disappointed with how staff and the City Council were treated in 2018 and spoke regarding the need for respect.

Jacob Anderson spoke regarding Council Member Spedowfski's service and expressed appreciation to the City Council.

Karl Wente spoke regarding the community's trust in the City Council and the process of good government; he expressed appreciation to staff.

John Stein, Livermore, thanked the City Council.

4.

CONSENT CALENDAR

Item 4.13 John Stein, Livermore, supported the item, the Urban Growth Boundary, and acquisition of open space in north Livermore.

VM Woerner agreed with Mr. Stein's comments, saying a study was needed to identify priorities and be positioned to acquire land quickly when opportunities arose.

In response to questions by Mayor Marchand regarding Item 4.08, Community Development Director Paul Spence said staff had considered coordinating with Zone 7 for their similar project but the timing had not aligned.

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

4.01 Approval of draft minutes - November 26, 2018 regular City Council meeting.

4.02 Adoption of Ordinance 2079 approving Zoning Map Amendment 18-003.

4.03 Adoption of Ordinance 2080 authorizing a ten-year extension to Year 2029 of Development Agreement No. 208-98, between the City of Livermore and Olivina Ranch.

4.04 Adoption of Ordinance 2081 authorizing a ten-year extension to Year 2029 of Development Agreement No. 87-99, between the City of Livermore and Davey Tree Surgery Company.

4.05 Resolution 2018-204 determining there remains a need to continue the emergency proclamation declared on March 15, 2017 for the February 19, 2017 flood damage.

4.06 Resolution 2018-205 authorizing the City Manager to execute a change order to the contract with D.L. Falk Construction Inc. for construction of the Livermore Civic Center Meeting Hall, Project No. 2004-39, in an amount not to exceed $312,606, to install audiovisual equipment and cabling/fiber optics.

4.07 Resolution 2018-206 approving the Fiscal Year 2018-19 budget adjustments and revised appropriations for the 2017-19 Capital Improvement Program.

4.08 Resolution 2018-207 authorizing execution of an agreement in substantial conformance with the draft agreement with New Image Landscape Company, in the amount of $185,710, for the 2017 Storm Damage Repairs - Robertson Park Mitigation Site, Project No. 2017-25.

4.09 Resolution 2018-208 authorizing execution of an agreement with Mechanical Services LLC, in an amount not to exceed $140,815, for the replacement of the emergency natural gas boiler at the Water Reclamation Plant.

4.10 Resolution 2018-209 accepting annual SB165 reports for Community Facilities Districts for Fiscal Year 2017-18.

4.11 Resolution 2018-210 authorizing execution of an agreement with All City Management Services, in the amount of $1,060,420, to provide crossing guard services at fourteen intersections for the period of January 1, 2019 through June 30, 2024.

4.12 Resolutions 2018-211 and 2018-212 ratifying execution of two grant agreements with the U.S. Department of Justice and approving the appropriation and expenditure of funds to improve school safety in Livermore; and Resolution 2018-213 authorizing execution of a Memorandum of Understanding with the Livermore Valley Joint United School District to receive and expend funds in accordance with the two grant agreements.

4.13 Resolution 2018-214 accepting the Altamont Landfill Open Space Committee's recommendation to authorize the City of Livermore's grant request in the amount of $1,000,000 for the acquisition of approximately 137 acres of property located at 5658 Doolan Road; and Resolution 2018-215 appropriating $1,815,000 from Transferable Development Credits In-Lieu Fee Revenue for acquisition of the property, subject to reimbursement from the Altamont Open Space grant fund in an amount up to $1,000,000 and authorizing execution of a Purchase and Sale Agreement with Keith W. Olson and Barbara P. Olson.

5. PUBLIC HEARINGS - None.

6.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

Livermore Amador Valley Transit Authority (LAVTA) CM Coomber said he attended the Finance and Administration meeting.

Groundbreaking Ceremony CM Carling said he attended the ceremony for Veterans Way on November 2, 2018.

East Bay Community Energy (EBCE) CM Carling said he attended the meeting on November 7, 2018.

Stopwaste.org CM Carling said he attended the meeting on November 14, 2018.

Volunteer Celebration CM Carling said he attended a dinner honoring Livermore Police Department volunteers on November 15, 2018.

CM Carling suggested the Police Chief follow up with Mr. Scott regarding the matter raised during Citizen's Forum regarding return of a homeless individual's possessions.

Menorah Lighting Ceremony VM Woerner said he attended the event on December 8, 2018.

Livermore Rotary VM Woerner said he attended an event honoring retired Livermore Police Department officer Wes Morgan for his work on the Every 15 Minutes program.

Livermore Downtown Inc. VM Woerner said he attended the Livermore Downtown Inc. meeting.

Intergovernmental Meeting VM Woerner said he attended the intergovernmental meeting.

Livermore Cultural Arts Council (LCAC) VM Woerner said he attended the meeting.

VM Woerner requested and received consensus from the Council for staff to provide a tentative schedule regarding the timeline for constructing Downtown projects.

VM Woerner requested and received consensus from the Council for staff to provide information and options on effectively using social media and advertising to distribute information to the community.

Eagle Court of Honor Mayor Marchand said he attended two Eagle Scout ceremonies in November for Ashton Kuhn and John Molitoris.

Lawrence Livermore National Security Mayor Marchand said he attended the event where grants were provided to local nonprofit organizations on November 7, 2018.

Zero Graffiti International Mayor Marchand said he presented regarding Livermore's graffiti abatement efforts at the national conference on November 9, 2018.

Alameda County Mayors Conference Mayor Marchand said he attended the conference on November 14, 2018 in Albany.

Volunteer Celebration Mayor Marchand said he attended an appreciation dinner for Livermore Police Department volunteers on November 15, 2018.

Centennial Birthday Celebration Mayor Marchand said he attended Lisa Hayes' 100th birthday party on November 17, 2018.

Alameda County Transportation Commission (ACTC) Mayor Marchand said he attended the I-580 Express Lane and Planning, Policy, and Legislative Committee meetings on November 19, 2018.

7.

MATTERS FOR CONSIDERATION

7.01 Resolution accepting canvass of votes of the General Municipal Election of November 6, 2018.

The following persons were elected to the respective office for the terms stated:

John P. Marchand Mayor Two-year term

Bob Woerner Council Member Four-year term

Trish Munro Council Member Four-year term

The following measure was not passed:

Measure U - Local Regulation of Health Care Service Costs.

Recommendation: Staff recommended the City Council adopt the resolution accepting the canvass of votes as certified by the Alameda County Registrar of Voters.

Mayor Marchand invited public comment.

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

Resolution 2018-216 accepting canvass of votes of the general municipal election of November 6, 2018.

8.

ADJOURNMENT - Adjournment sine die.

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DELIVERY OF CERTIFICATES OF ELECTION AND ADMINISTRATION OF OATH OF OFFICE

JOHN MARCHAND - MAYOR

BOB WOERNER - COUNCIL MEMBER

TRISH MUNRO - COUNCIL MEMBER

City Clerk Sarah Bunting administered the oath of office to newly elected officials.

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9.

CALL TO ORDER OF NEWLY INSTALLED CITY COUNCIL

Mayor Marchand called the meeting of the newly installed City Council to order at 7:56 pm. Mayor John Marchand and Council Members Robert W. Carling, Bob Coomber, Trish Munro, and Bob Woerner were present.

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CLOSED SESSION

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING CLOSED SESSION ITEM

ADJOURN TO CLOSED SESSION

1. Conference with Real Property Negotiator. To meet with Paul Spence and Eric Uranga, the City's negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor's Parcel Number 097-0110-006-01. The City negotiators may negotiate with property owners and trustees Elizabeth A. Weight, Michael V. Conlan, and their agents. The instructions will concern price and terms of payment.

REPORT OF ACTION TAKEN IN CLOSED SESSION.

City Attorney Jason Alcala said there was no reportable action.

10.

CITIZEN FORUM

Asa Strout, Unified Livermore, expressed congratulations to Trish Munro.

Greg Scott, Livermore, spoke regarding issues relating to homelessness and suggested focusing on providing shelter to women.

Ann Brown, Citizens' Climate Lobby, Tri-Valley Chapter, requested information regarding the City's Climate Action Plan.

VM Woerner noted that the Climate Action Plan was online; Community Development Director Paul Spence said staff would provide further information to Ms. Brown.

Emily Blumer spoke regarding the wetland preserve near Marlin A. Pound Park; she asked how the community could help maintain the area as a wildlife refuge while accommodating uses by local youth.

Stacey Swanson spoke regarding installation of gravel paths in the Springtown open space area and offered community support for funding.

11.

MATTERS FOR CONSIDERATION

Mayor Marchand presented a plaque to Bob Woerner for his service as Vice Mayor.

11.01 Approval of the City Council/Successor Agency 2019 meeting calendar.

Recommendation: Staff recommended the City Council/Successor Agency approve the 2019 meeting calendar.

THE CITY COUNCIL/SUCCESSOR AGENCY APPROVED THE 2019 MEETING CALENDAR.

11.02 Appointment of Vice Mayor.

Recommendation: Staff recommended the Mayor appoint a Vice Mayor for the period of 2018-2019.

MAYOR MARCHAND APPOINTED ROBERT CARLING AS VICE MAYOR.

11.03 Council Member appointments to intergovernmental agencies.

Recommendation: Staff recommended the Mayor appoint Council Members to intergovernmental agencies.

Mayor Marchand made the following appointments:

ALAMEDA COUNTY TRANSPORTATION COMMISSION (ACTC)

John Marchand - Delegate (11/28/11)

Bob Coomber - Alternate (12/12/16)

ACTC - PARATRANSIT ADVISORY AND PLANNING COMMITTEE (PAPCO)

Bob Coomber - Delegate (12/12/16)

ALTAMONT LANDFILL COMMUNITY MONITOR COMMITTEE

Robert Carling - Member (12/12/16)

ALTAMONT LANDFILL OPEN SPACE ACCOUNT ADVISORY COMMITTEE

Bob Woerner - Member (1/27/14)

ALTAMONT REGIONAL TRAFFIC AUTHORITY

John Marchand, Delegate (12/8/14)

Bob Coomber, Alternate (12/10/18)

ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) GENERAL ASSEMBLY

Trish Munro - Delegate (12/10/18)

Bob Coomber - Alternate (12/12/16)

CHAMBER OF COMMERCE LIAISON

John Marchand - Delegate (11/28/11)

EAST BAY COMMUNITY CHOICE ENERGY JOINT POWERS AUTHORITY (EBCE JPA)

Trish Munro - Delegate (12/10/18)

Robert Carling - Alternate (3/27/17)

GOVERNMENT OF LIVERMORE FINANCING AUTHORITY (GOLFA)

Mayor John Marchand - Delegate (3/18)

Darren Greenwood - Alternate (3/18)

INTERGOVERNMENTAL COMMITTEE (CITY / LARPD / SCHOOL DISTRICT)

Bob Woerner - Delegate (12/12/16)

Trish Munro - Alternate (12/10/18)

LEAGUE OF CALIFORNIA CITIES EAST BAY DIVISION (LOCC)

Robert Carling - Delegate (12/12/16)

Trish Munro - Alternate (12/10/18)

LIVERMORE-AMADOR VALLEY TRANSIT AUTHORITY (LAVTA)

Bob Woerner - Delegate (12/10/18)

Bob Coomber - Delegate (12/12/16)

Robert Carling - Alternate (12/12/16)

LIVERMORE AMADOR VALLEY WATER MANAGEMENT AGENCY (LAVWMA) JOINT POWERS

John Marchand - Delegate (12/5/05)

Bob Woerner - Delegate (12/8/14)

Bob Coomber - Alternate (12/10/18)

LIVERMORE AREA RECREATION AND PARK DISTRICT LIAISON COMMITTEE

Bob Woerner - Member (12/12/16)

Trish Munro - Member (12/10/18)

LIVERMORE CULTURAL ARTS COUNCIL (LCAC)

Trish Munro - Delegate (12/10/18)

Bob Woerner - Alternate (12/10/18)

LIVERMORE DOWNTOWN INC. (LDI)

Bob Woerner - Liaison (12/12/16)

Robert Carling - Alternate (12/12/16)

LIVERMORE-DUBLIN CITY COUNCIL LIAISON COMMITTEE

John Marchand - Delegate (11/28/11)

Bob Coomber - Delegate (12/10/18)

Remainder of Council - Alternates

LIVERMORE-PLEASANTON CITY COUNCIL LIAISON COMMITTEE

John Marchand - Delegate (11/28/11)

Robert Carling - Delegate (12/12/16)

Remainder of Council - Alternates

LIVERMORE-PLEASANTON FIRE DEPARTMENT JOINT POWERS AUTHORITY (LPFD JPA)

John Marchand - Member (11/28/11)

Bob Woerner - Member (12/12/16)

SISTER CITIES COMMITTEES

Yotsukaido, Japan: John Marchand - Delegate; Bob Woerner - Alternate (12/8/14);

Quetzaltenango, Guatemala: John Marchand - Delegate; Trish Munro - Alternate (12/10/18);

Snezhinsk, Russia: John Marchand - Delegate; Robert Carling - Alternate (12/12/16)

STOPWASTE.ORG (ACWMA AND THE ALAMEDA COUNTY SOURCE REDUCTION AND RECYCLING BOARD)

Robert Carling - Delegate (12/12/16)

Bob Coomber - Alternate (12/12/16)

TRI-VALLEY CITIES COUNCIL

All Council Members

TRI-VALLEY COMMUNITY TELEVISION CORPORATION (TVCTV)

John Marchand - Delegate (11/28/11)

City Manager Marc Roberts - Alternate (11/28/11)

TRI-VALLEY COUNCIL - AFFORDABLE HOUSING COMMITTEE

Robert Carling - Delegate (12/12/16)

Trish Munro - Alternate (12/10/18)

Mayor Marchand noted that CM Carling and CM Munro were also assigned to the City Council Subcommittee on Homelessness.

TRI-VALLEY-SAN JOAQUIN VALLEY REGIONAL RAIL AUTHORITY

Mayor John Marchand - Delegate (2/18)

Bob Coomber - Alternate (2/18)

TRI-VALLEY TRANSPORTATION COUNCIL (TVTC)

Trish Munro - Delegate (12/10/18)

Bob Coomber - Alternate (12/12/16)

WATER AGENCIES ROUND TABLE LIAISON COMMITTEE

John Marchand - Delegate (7/28/14)

Bob Woerner - Delegate (12/8/14)

Robert Carling - Alternate (12/12/16)

ZONE 7 INTERGOVERNMENTAL LIAISON COMMITTEE

John Marchand - Representative (8/4/08)

Bob Woerner - Representative (12/8/14)

ALAMEDA COUNTY AIRPORT LAND USE COMMISSION (ALUC)

John Marchand - Commissioner

Airport Manager David Decoteau - Commissioner

ALAMEDA COUNTY MAYORS CONFERENCE

John Marchand - Delegate (Always Mayor)

Robert Carling - Alternate (Always Vice Mayor)

EAST BAY REGIONAL COMMUNICATION SYSTEMS AUTHORITY

Marc Roberts, City Manager - Board Member (1/3/12)

John Marchand - Alternate Board Member (12/12/11)

LOCAL AGENCY FORMATION COMMISSION (LAFCO)

John Marchand - Commissioner

STOCKMEN'S ASSOCIATION LIAISON

Bob Woerner - Delegate (12/10/18)

11.04 Appointment of Council Members to the City Council Subcommittee on Advisory Bodies for the period of January 1 - June 30, 2019.

Recommendation: Staff recommended the Mayor appoint two Council Members to serve on the City Council Subcommittee on Advisory Bodies for the period of January 1 - June 30, 2019.

MAYOR MARCHAND AND CM WOERNER WERE APPOINTED TO THE SUBCOMMITTEE.

12. COUNCIL MEMBER COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS.

None.

13.

ADJOURNMENT - at 8:51 pm to a City Council special meeting workshop on January 7, 2019, 1:30 pm, Library Board Room, 1188 S. Livermore Avenue, Livermore; followed by a regular City Council meeting on January 14, 2019 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

SARAH BUNTING, CITY CLERK