December 14, 2015

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REGULAR MEETING

1. CALL TO ORDER - The meeting of the City Council/Livermore Successor Agency was called to order by Mayor John Marchand at 7:06 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

City Attorney Jason Alcala said there was no reportable action.

2. PROCLAMATIONS AND PRESENTATIONS

2.01 Mayors Special Award for Livermore Community Service honoring Destiny Goddu.

Mayor Marchand presented the Community Service Award to Destiny Goddu.

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

Livermore Housing Authority

Konnie Fuller to a regular term ending January 1, 2020
Blayne Goodman to a regular term ending January 1, 2020

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 Konnie Fuller and Blayne Goodman.

2.03 Library Board of Trustees Annual Update.

Library Board of Trustees Chairperson David Runyon presented the update.

3. CITIZENS FORUM

Jason Bezis, Lafayette, spoke regarding Livermores sales tax and Measure BB.

Connie Kopps, Livermore, spoke regarding the December 7, 2015, Special City Council meeting.

Alan Heckman, Livermore, spoke regarding the occupancy permit for the Livermore Charter High School.

John Stein, Livermore, spoke regarding the proposed BART/Isabel development plan and the Airport Protection Area.

Mathew Steinberg spoke regarding the occupancy permit for the Livermore Charter High School.

Daniel Burton, Livermore, spoke regarding the occupancy permit for the Livermore Charter High School.

Don Meeker, Livermore, read newspaper articles regarding Springtown Golf Course from 1963 and 1965.

Dick Coro spoke regarding the occupancy permit for the Livermore Charter High School.

Shannon Meyer and Erin Quintero spoke regarding the occupancy permit for the Livermore Charter High School.

There were no more speakers.

Mayor Marchand said the document submitted by Mr. Steinberg was incomplete and missing the essential pages of the permit that bound the Charter School to complete the traffic related improvements and the completion of the parking lot prior to the issuance of the occupancy permit.

In response to questions by Mayor Marchand, Assistant City Engineer Bob Vinn said the first traffic study was done on both the elementary school and high school together because those projects were entitled as one project; when the elementary school opened, conditions in the field did not at all reflect what the traffic study predicted. He said the traffic study was revised in 2014 which was the plan in place today. He said discussions started in June 2015 and the encroachment permit was issued in September 2015. He said there were several issues including lengthening the driveway and the prevention of students being dropped off on Constitution Avenue. Mr. Vinn said the soils report submitted was several years old and had been taken on the elementary school site; the required soils report for the high school location had not been received. He said there were other required items not yet received including the storm water calculations. He said the status of the permit was that the plans had been approved for the median modification to lengthen the turn pocket, but the parking lot plans were still being worked on and the application for the parking lot was currently incomplete.

Mayor Marchand read from the permit: -binds the applicant to complete the traffic related improvements provided in the attachments prior to the occupancy of the proposed high school facilities.-

4. CONSENT CALENDAR

Items 4.08 and 4.11 Constance Kopps, Livermore, questioned the locations and programs contained in the staff reports.

City Manager Marc Roberts said the properties for Item 4.11 were located in the Downtown and were not related at all to the Las Positas Golf Course. He said the fees in Item 4.08 were solely related to Las Positas Golf Course.

ON THE MOTION OF CM TURNER, SECONDED BY CM WOERNER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL/LIVERMORE SUCCESSOR AGENCY APPROVED THE CONSENT CALENDAR.

4.01 Approval of Minutes - November 9, 2015, regular City Council meeting and November 23, 2015, regular City Council meeting.

4.02 Adoption of Ordinance 2032 amending Municipal Code Chapter 13.32, Wastewater Collection and Treatment, updating language used to identify City facilities and personnel, and to define implementation and enforcement of the City's Fats, Oils and Grease program.

4.03 Adoption of Ordinance 2033 adopting modifications to the Livermore Municipal Code to update references; strike outdated terms; add additional references; clarify existing provisions; and to make additional technical or non-substantive corrections.

4.04 Resolution 2015-171 authorizing execution of a two-year agreement with Schaaf & Wheeler, in an amount not to exceed $300,000, for on-call hydraulic modeling and design services.

4.05 Resolution 2015-172 authorizing appropriation of $17,500 in Fiscal Year 2015-16 and $45,000 in Fiscal Year 2016-17 Housing Trust Funds; and authorizing execution of an agreement with ECHO Housing for first-time homebuyer counseling services.

4.06 Resolution 2015-173 accepting for permanent maintenance and releasing of security for the 2015-2016 ADA Access Ramps, Project No. 2014-07.

4.07 Resolution 2015-174 rejecting all bids for the Las Positas Golf Course Clubhouse HVAC Replacement, Project No. 2015-30.

4.08 Resolution 2015-175 approving the Golf Course Programs and Fees for the Las Positas Golf Course effective January 1, 2016.

4.09 Resolution 2015-176 approving the annual report on development fee and connection fee revenues and expenditures for Fiscal Year 2014-15.

4.10 Resolution 2015-177 accepting Annual Report for Community Facilities District 2006-1 for Fiscal Year 2014-15.

4.11 Resolution LSA 2015-02 of the Livermore Successor Agency approving an amendment to the Long Range Property Management Plan and Resolution LSA 2015-03 approving the transfer of certain properties to the City of Livermore to be developed as public parking facilities; and Resolution 2015-178 of the City Council accepting the transfer of certain properties and expressing the City's intent to develop those properties as public parking facilities.

5. PUBLIC HEARINGS

5.01 Hearing to consider an economic development subsidy to The Shoppes at Livermore, LLC for an El Charro Specific Plan Infrastructure Loan and a Sales Tax Reimbursement Agreement pursuant to the City Economic Incentives program.

Recommendation: Staff recommended the City Council:

1. Adopt a resolution authorizing execution of a loan agreement with The Shoppes at Livermore, LLC on behalf of the City of Livermore Community Facilities District No. 2009-01 (CFD) with respect to Improvement Area No. 3, in an amount not to exceed $2,985,314, and making certain related findings required by law. Adoption of this resolution requires a four/fifths vote.

2. Adopt a resolution authorizing execution of a Sales Tax Reimbursement Agreement with The Shoppes at Livermore, LLC, in an amount not to exceed $2,727,908.

Assistant City Engineer Bob Vinn presented the staff report.

Mayor Marchand opened the public hearing. There were no 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 2015-179 authorizing a loan and the issuance of a related note and approving and authorizing related documents and actions. Improvement Area No. 3 of the City of Livermore Community Facilities District No. 2009-1 (El Charro).

Resolution 2015-180 authorizing execution of a sales tax reimbursement agreement with The Shoppes at Livermore, LLC.

5.02 Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing

Hearing to consider approval of the issuance by the City of qualified residential rental project bonds, notes or other obligations in one or more series in a principal amount not to exceed $15 million. The proceeds of the obligations will be used to assist in the financing of the acquisition and rehabilitation of seventy units of multi-family rental housing located at 5896 East Avenue, Livermore, known as Stoney Creek Apartments. All or a portion of the units will be occupied by persons or families of lower or very low income.

Recommendation: Staff recommended the City Council adopt a resolution declaring an official intent to reimburse certain expenditures from proceeds of qualified residential rental obligations, authorizing an application to the California Debt Limit Allocation Committee to permit the issuance of such obligations, and approving the issuance of qualified residential project obligations in accordance with Section 147(f) of the Internal Revenue Code.

Assistant Community and Economic Development Director Eric Uranga presented the staff report.

Mayor Marchand opened the public hearing.

John Stein, Livermore, spoke in support of the project.

Janna Carman, Eden Housing, spoke in support of the project.

There were no more speakers and the hearing was closed.

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

Resolution 2015-181 declaring an official intent to reimburse certain expenditures from proceeds of qualified residential rental obligations, authorizing an application to the California Debt Limit Allocation Committee to permit the issuance of such obligations, and approving the issuance of qualified residential rental project obligations in accordance with section 147(f) of the Internal Revenue Code.

5.03 Hearing to consider a request to amend approved tentative tract maps to subdivide and redevelop existing parcels for the development of a total of 24 detached single family residences, landscaping, and appurtenant improvements. The project extends the Brighton residential development on parcels occupied by a car wash, a de-activated California Water Company facility, and a single family residence. The project involves vacating a portion of the Old First Street right-of-way and conveying City-owned land.

- Location: 2787 & 2855 Old First Street
- Total Site Area: 1.4± acre
- Applicant: Concentric Development Group
- Application Numbers: Vesting Tentative Tract Map 8184 (SUBA15-001) and Downtown Design Review (DDR)15-023; Vesting Tentative Tract Map 8173 (SUB15-008) and Downtown Design Review (DDR) 15-024; and Vesting Tentative Tract Map 8305 (SUB15-009) and Downtown Design Review (DDR) 15-025
- On site and off site 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: It is recommend that this project be found Categorically Exempt under the provision of the California Environmental Quality Act (CEQA) as an fill development project that meets the requirements of CEQA Guideline, Section 15332 as authorized by Public Resources Code, Section 21084 and CEQA Guidelines Section 15300.

Recommendation: Staff recommended the City Council continue the following items to a date uncertain:

1. Vesting Tentative Tract Map 8184 (Subdivision Amendment 15-001) and Downtown Design Review 15-023;
2. Vesting Tentative Tract Map 8173 (Subdivision 15-008) and Downtown Design Review 15-024; and
3. Vesting Tentative Tract Map 8305 (Subdivision 15-009) and Downtown Design Review 15-025.

THE CITY COUNCIL CONTINUED THE ITEM TO A DATE TO BE DETERMINED.

6. MATTERS FOR CONSIDERATION

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

Mayor Marchand appointed CM Woerner to the Altamont Landfill Community Monitor Committee.

6.02 Commitment of environmental mitigation revenues for open space purposes.

Recommendation: Staff recommended the City Council adopt a resolution committing environmental mitigation revenues for open space purposes.

Assistant Planner Andy Ross presented the staff report.

VM Gary said becoming owners of open space was accompanied by landowner responsibility for fencing, fallen trees, and etcetera. He requested a permanent line item in the budget to provide for future responsibilities.

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

Resolution 2015-182 committing mitigation revenues to open space purposes.

6.03 Approval of the City Council/Successor Agency Meeting Calendar for 2016.

Recommendation: Staff recommended the City Council/Successor Agency approve the meeting calendar for 2016.

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

6.04 Appointment of Council Members to the City Council Subcommittee to conduct Advisory Body interviews from January 1 - June 30, 2016, including the Livermore Area Youth Advisory Commission.

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

MAYOR MARCHAND AND CM SPEDOWFSKI WERE APPOINTED TO THE CITY COUNCIL SUBCOMMITTEE FOR ADVISORY BODIES.

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

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.

Holiday Parade CM Spedowfski said on December 5, 2015, he attended the Downtown Holiday Parade.

Livermore Amador Valley Transit Authority (LAVTA) CM Spedowfski said on December 7, 2015, he attended the Wheels Board meeting where the annual audit was accepted and he was appointed as LAVTAs representative to the Tri Valley Regional Rail Advisory Group.

Citizens Police Academy CM Spedowfski said on December 11, 2015, he attended the 28th graduation ceremony.

Charter High School CM Spedowfski requested and received consensus from the Council for the preparation of a comprehensive memorandum, fact sheet, and supporting documents regarding the Livermore Charter School issue. The Council directed staff to post the information on the internet, distribute via social media, and send a fact sheet to the press.

Stuff a Bus CM Turner said on December 6, 2015, she attended the Wheels Stuff a Bus holiday food drive at Safeway where over four tons of food were collected for the needy in the Tri-Valley.

Holiday Parade CM Woerner said on December 5, 2015, he attended the Downtown Holiday Parade and requested the lights be jazzed up for next year.

Assembly Bill 1077 City Manager Marc Roberts said staff was currently preparing a memorandum to update the Council on Assembly Bill 1077 and would include items outlined in the correspondence submitted by Jason Bezis.

Holiday Parade VM Gary said on December 5, 2015, he attended the Downtown Holiday Parade.

Livermore Downtown Inc. VM Gary said he attended the monthly board meeting.

Assemblywoman Baker VM Gary said he met with Assemblywoman Catharine Baker on December 11, 2015.

Mayors Conference VM Gary said on December 9, 2015, he attended the monthly Mayors Conference; the topic for discussion was criminal justice.

Livermore Cultural Arts Council (LCAC) Mayor Marchand said on December 2, 2015, he attended the meeting. There was discussion on the reorganization and updates to the Rules of Procedure for the Commission for the Arts.

Alameda County Transportation Commission (ACTC) Mayor Marchand said on December 3, 2015, he attended the Planning and Policy Committee where there was discussion on the draft Goods and Freight Movement Plan.

Holiday Lights Mayor Marchand said on December 4, 2015, he attended Deacon Daves Toy Testing Center with more than 495,000 lights on display.

Holiday Parade Mayor Marchand said on December 5, 2015, he attended the Downtown Holiday Parade.

East Bay Economic Development Alliance (EBEDA) Mayor Marchand said on December 12, 2015, he attended the Executive Committee meeting. There was a discussion on broadband.

Citizens Police Academy Mayor Marchand said on December 11, 2015, he attended the 28th graduation ceremony.

Menorah Lighting Mayor Marchand said he attended the lighting on December 12, 2015.

Local Agency Formation Commission (LAFCo) Mayor Marchand said on December 14, 2015, he attended the Policy and Budget Subcommittee meeting. There was discussion regarding the policies related to the sphere of influence.

8. ADJOURNMENT - at 8:29 pm to a regular City Council meeting on Monday, January 11, 2016, at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.