CALL TO ORDER / PLEDGE OF ALLEGIANCE

PROCLAMATIONS AND PRESENTATIONS

CITIZENS FORUM

CONSENT CALENDAR

PUBLIC HEARINGS

MATTERS FOR CONSIDERATION

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

ADJOURNMENT

January 23, 2017

________________________________________________________________

CLOSED SESSION

CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor John Marchand at 6:34 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

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

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING CLOSED SESSION ITEMS.

ADJOURN TO CLOSED SESSION

1. Initiation of Litigation. To meet with the City Attorney pursuant to Government Code section 54956.9(d)(4) to discuss whether to initiate litigation, enter as an amicus curiae, or intervene. One case.

________________________________________________________________ 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 Steven Spedowfski, and Council Members Robert W. Carling, Bob Coomber, and Bob Woerner.

1.02 PLEDGE OF ALLEGIANCE

1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala said no reportable action was taken. He said the City Council requested updates on the continued efforts to reach out to the plaintiffs in the litigation against the California Department of Parks and Recreation. The Plaintiffs are County of Alameda, Connolly Ranch, Friends of Tesla Park, SPRAWLDEF in the consolidated cases in the Sacramento Superior Court, case numbers 34-2016-80002496, 80002495, 80002494, and 80002492. The City Council also directed the City Attorney to schedule a closed session meeting in March to discuss the types of support that were available and to report that no other litigation deadlines for those cases will expire between January 23, 2017 and the date the matter is expected to return to the City Council in March.

MAYOR MARCHAND REORDERED THE AGENDA TO CONSIDER ITEM 6.01 PRIOR TO ITEM 5.01.

2.

PROCLAMATIONS AND PRESENTATIONS

2.01 Human Services Commission Annual Update.

Commissioner Sherry Ramirez presented the annual update.

3.

CITIZENS FORUM

David McGuigan, spoke again regarding his arrest by the Livermore Police Department.

Rachael Snedecor, Livermore Downtown Inc., spoke regarding goals for 2017 including a shade structure at Shea Plaza at the Bankhead Theater, lighting along J, K, 2nd and 3rd Streets, parking in the downtown and the need for factual information in the community.

Bruce Shore, Livermore, spoke regarding the need for and in support of a new Civic Center Meeting Hall located at the old Civic Center Library site.

John Shirley, Livermore, spoke in support of a new Civic Center Meeting Hall and moving the train depot.

Bruce Anderson, Livermore, spoke regarding traffic safety and speed limits. He also spoke regarding an increase in his water bill.

Tom Jefferson, Livermore, spoke regarding a homeless encampment at Hansen Park.

Jason Bezis, Lafayette, spoke regarding historic preservation in Livermore and recent decisions by the Historic Preservation Commission.

Chuck Eyler, Livermore, spoke regarding an Arts Career Center to be located next to the Bankhead Theater.

Ian Karlin, Livermore, spoke regarding the slow moving process of developing the downtown parcel and other projects in the City. He encouraged faster decision making.

4.

CONSENT CALENDAR

Items 4.02, 4.04 and 4.05 were removed from the Consent Calendar to be considered separately.

ON THE MOTION OF VM SPEDOWFSKI, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, ITEMS 4.01 AND 4.03 WERE APPROVED.

4.01 Approval of minutes - January 9, 2017 City Council meeting.

4.03 Resolution 2017-005 accepting for permanent maintenance and releasing security for the 2016 Slurry Seal, Project Number 2016-04.

Item 4.02 Resolution authorizing the reduction of the In Lieu Parking Fee to $18,500 per required parking space.

Sherry Nigg, Livermore, downtown property owner, spoke in support of the reduction in the in-lieu parking fee.

Doug Mann, Livermore, spoke regarding the reduction in the in lieu parking fee.

In response to questions by Mayor Marchand, City Attorney Jason Alcala said the fee was established after a study that determined what the costs were. This was not a development impact fee or a fee for service but a fee directly related to what was being provided.

In response to questions by CM Woerner, Mr. Alcala said the fee was not based upon individual properties; he said this was an in-lieu fee to develop a particular space and a public parking opportunity.

In response to questions by VM Spedowfski, Mr. Alcala said incentives for particular sites in the downtown could be addressed during Matters Initiated.

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

Resolution 2017-006 authorizing the reduction of the In Lieu Parking Fee to $18,500 per required parking space.

Item 4.04 Resolutions authorizing execution of an amendment to lease agreement with Livermore-Amador Valley Transit Authority; authorizing appropriation of funds in the amount of $1,038,760; authorizing execution of the second amendment to the agreement with Page & Turnbull and appropriation of funds in the amount of $21,750; authorizing execution of an agreement with Simile Construction Service, Inc., in the amount of $3,070,000 for the Livermore Railroad Depot Relocation and Rehabilitation Project No. 580001.

City Engineer Cheri Sheets presented the staff report.

In response to questions by Mayor Marchand, Ms. Sheets said the $2.5 million grant from the Metropolitan Transportation Commission was to move and rehabilitate the train depot; the funds could not be used to rehabilitate the depot at its current site. She said it was a requirement to use the grant funds for transportation purposes; if the funds were not used for transportation purposes, the City would lose the funding. She added that the funding award needed to be approved by June 2017 otherwise the funding would be lost.

In response to questions by CM Carling, Ms. Sheets said the train depot would be eligible to be considered for the national registry even if it was moved.

In response to questions by CM Coomber, Ms. Sheets said there were numerous problems with the depot building including inadequate foundation that did not meet seismic codes, roofing that was in total disrepair with many leaks, plumbing was broken and separated, the building did not meet the fire sprinkler code and was rat infested.

Mayor Marchand invited public comment.

John Shirley, Livermore, spoke in support of moving the train depot.

Michael Tree, Executive Director of Livermore-Amador Valley Transit Authority, spoke in support of relocating the train depot and restoring for the proposed transit center.

Susan Junk, Livermore, spoke in opposition to the relocation of the train depot.

Andrea Lloyd, Livermore, spoke in support of the relocation and restoration of the train depot.

Jeff Kaskey, Livermore, President of Livermore Heritage Guild, spoke in support of the relocation and restoration of the train depot.

Bruce Shore, Livermore, spoke in support of the relocation of the train depot.

Rachael Snedecor, Livermore Downtown Inc., spoke in support of the relocation and restoration of the train depot.

Kathy Chase, Livermore, spoke in opposition to the relocation of the train depot.

Nancy Mulligan, Livermore, spoke in opposition to the relocation of the train depot. She submitted a petition for the administrative record of those opposing the relocation.

Gary Gomez, Livermore, spoke in opposition to the relocation of the train depot.

Jason Beziz, Lafayette, spoke in opposition to the relocation of the train depot.

Dawn Argula, Livermore Valley Chamber of Commerce, spoke in support of the relocation and restoration of the train depot.

Janet Von Toussaint, Livermore, spoke in support of the relocation and restoration of the train depot.

Kathy Streeter, Livermore, spoke in support of relocation of the train depot. She read into the record a letter from Clark Streeter, Livermore, in support of the relocation of the train depot.

Barbara Soules, Livermore, spoke in support of the relocation and restoration of the train depot to be used at the new transit center.

Annie Giannini, Livermore, spoke in support of a park or playground to surround the train depot.

Alan Frank, Livermore, Livermore Heritage Guild, spoke in support of the relocation and restoration of the train depot.

There were no more speakers.

In response to questions by VM Spedowfski, City Manager Marc Roberts said the Livermore Successor Agency Fund 583 would be used for projects within the former redevelopment area as outlined and approved in the Oversight Board Long Range Property Management Plan. He said the federal funding through the Metropolitan Transportation Commission would be returned if not used for purposes intended.

The City Council spoke in support of the rehabilitation, relocation and long-term sustainable use of the train depot.

In response to questions by Mayor Marchand, City Attorney Jason Alcala said staff was confident there was substantial evidence in the administrative record for the Council to make the decision to adopt the resolutions.

IT WAS MOVED BY CM CARLING, SECONDED BY CM COOMBER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:

Resolution 2017-007 authorizing signing of a First Amendment to the November 24, 2015 lease agreement between the City of Livermore and Livermore-Amador Valley Transportation Authority for the Historic Train Depot.

Resolution 2017-008 authorizing the second amendment to the agreement with Page & Turnbull and for appropriation of funds for the Livermore Railroad Depot Relocation and Rehabilitation, Project No. 580001.

Resolution 2017-009 authorizing execution of an agreement with Simile Construction Service, Inc., and approving supplemental appropriation of funds for the project to relocate and rehabilitate the Historic Depot Building, including the construction contract in the amount of $3,070,000 for the Livermore Railroad Depot Relocation and Rehabilitation Project No. 580001.

Item 4.05 Resolution authorizing the execution of a purchase order with Pierce Manufacturing Inc., in the amount of $1,291,240 for a replacement Tractor-Drawn Aerial Fire Truck for the Livermore-Pleasanton Fire Department.

The City Council directed staff to provide more information and reschedule the item for a future agenda.

THE AGENDA WAS REORDERED BY MAYOR MARCHAND TO CONSIDER ITEM 6.01 PRIOR TO ITEM 5.01.

6.

MATTERS FOR CONSIDERATION

6.01 Discussion and direction regarding a request from Lennar Multifamily Communities and Presidio Companies to extend the Exclusive Negotiation Rights Agreement for development of the Downtown Specific Plan Catalyst Sites.

Recommendation: Staff recommends the City Council provide direction.

Community Development Director Paul Spence presented the staff report.

Rakesh Patel, Presidio Companies, spoke regarding Presidio's commitment to building an upscale hotel in Livermore's downtown and desire to continue to be involved in the process as a partner.

Sarah Converse, Lennar, spoke in support of approval of the exclusive negotiating rights agreement.

In response to questions by Mayor Marchand, Mr. Spence said the plan in the request for proposal was based on the Downtown Specific Plan. He said the development team had expressed an interest in continuing to work with the Council and community to further develop the plan. He said the City Council would be receiving the results from analysis on various topics over several months. He said there had not been any Negotiation with Lennar or Presidio as the project had yet to be defined.

Mayor Marchand invited public comment.

Splend Spendorio, Innovation Tri-Valley, spoke in support of the proposed extension to the Exclusive Negotiation Rights Agreement.

Beth Trutner, Livermore Shakespeare Festival, spoke in support of an extension to the Exclusive Negotiation Rights Agreement with Presidio for a downtown hotel.

Doug Mann, Livermore, spoke in opposition to the extension of the Exclusive Negotiation Rights Agreement.

Rachael Snedecor, Downtown Livermore Inc., spoke in support of more interaction with the downtown Livermore business community.

Tamara Rues, Livermore, spoke in opposition of the extension of the Exclusive Negotiation Rights Agreement.

Russ Willmes, Livermore, spoke in opposition to the extension of the Exclusive Negotiation Rights Agreement.

Dawn Argula, Livermore Valley Chamber of Commerce, spoke in support of the extension of the Exclusive Negotiation Rights Agreement.

Jean King, Livermore, spoke in opposition to the extension of the Exclusive Negotiation Rights Agreement. She read a statement from Lee Yonkers also in opposition to the extension of the Exclusive Negotiation Rights Agreement.

Dale Kaye, Innovation Tri-Valley, spoke in support of extending the extension of the Exclusive Negotiation Rights Agreement for a hotel in the downtown.

Tom Jefferson, Livermore, spoke in opposition to the extension of the Exclusive Negotiation Rights Agreement.

David Rounds, Livermore, spoke in opposition to the extension of the Exclusive Negotiation Rights Agreement.

Jan Brovant, Livermore, spoke in opposition to the extension of the Exclusive Negotiation Rights Agreement.

Chris Chandler, Livermore Valley Wine Growers, spoke in support of extending the Exclusive Negotiation Rights agreement.

Todd Dibs, Visit Tri-Valley, spoke in support of extending the Exclusive Negotiation Rights agreement.

Chester Moore, Livermore, spoke in opposition to the extension of the Exclusive Negotiation Rights Agreement.

Jason Bezis, Lafayette, spoke in opposition to the extension of the Exclusive Negotiation Rights Agreement.

Jeff Kaskey, Livermore, spoke in opposition to the extension of the Exclusive Negotiation Rights Agreement.

There were no more speakers.

CM Woerner said it was incumbent upon the community to come together and figure out a right solution. He suggested extending the agreement through the community workshop process to discover if the community can work together. He said the hotel was the highest priority and wasn't certain the community supported zero housing.

VM Spedowfski said the parking garage and hotel were still on the top of the list. He said it was better to have a hotel developer rather than a hotel consultant and was encouraged that both the east and west sites were being considered. He said there was not a clearly defined project and questioned the reasoning for having an exclusive negotiating rights agreement.

CM Carling said he supported a downtown hotel and suggested extending the agreement with Presidio for the hotel development. He said the workshops would help identify the amount of housing units acceptable to the community.

CM Coomber said he agreed with VM Spedowfski and CM Carling and a hotel is a necessary component to the Downtown. He said he could support extending the agreement with Presidio.

Mayor Marchand said Lennar and Presidio were selected because they were believed to be the most capable of building and completing the project that the community wanted. This was just the first part of the process; the second part of the process was to find out what the community wanted. He supported extending the agreement for four months in lieu of nine months.

In response to questions by VM Spedowfski, City Manager Marc Roberts said the nine-month extension was at the request of the applicant. He said staff estimated a four to six-month time frame for workshops regarding the hotel.

ON THE MOTION OF VM SPEDOWFSKI, SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL AUTHORIZED THE CITY MANAGER TO EXECUTE A FOUR-MONTH EXTENSION OF THE EXCLUSIVE NEGOTIATION RIGHTS AGREEMENT WITH PRESIDIO COMPANIES FOR DEVELOPMENT OF A HOTEL IN THE DOWNTOWN SPECIFIC PLAN CATALYST SITES.

MAYOR MARCHAND RECEIVED CONSENSUS FROM THE CITY COUNCIL TO CONTINUE THE MEETING PAST 11:00 PM.

5.

PUBLIC HEARINGS

5.01 Hearing for a request for the development of 44 market-rate, for-sale townhouses and two buildings with affordable rental units for seniors (72 units) and families (42 units). The project also includes amenities such as publically accessible open space, a children's play area, community rooms, and an on-site management office. A General Plan Consistency Determination is required to allow the applicant to acquire City-owned land to build the project.

. Location: 1635, 1715, 1737, 1763, and 1779 Chestnut Street; 217 North N Street (south side of Chestnut Street, between North P and North N Streets)

. Site Area: 5 acres

. Applicant: MidPen Housing Corporation

. Application Numbers: Vesting Tentative Tract Map 8358, Subdivision (SUB) 15-010 Downtown Design Review (DDR) 15-029, and Consistency Determination (CD) 16-003

. Public improvements: Replacement of the sidewalk along Chestnut and North N Streets frontages, installation of a soundwall and landscaping at the end of North N Street

. Zoning: Downtown Specific Plan (DSP), North Side Neighborhood Subarea

. General Plan: Downtown Area (DA)

. Historic Status: None

. CEQA: An Initial Study and Mitigated Negative Declaration will be considered.

Recommendation: The Planning Commission and staff recommend the City Council adopt a resolution certifying the Mitigated Negative Declaration and approving Vesting Tentative Tract Map 8358 (SUB 15-010), Downtown Design Review (DDR 15-029), and Consistency Determination (CD 16-003), subject to conditions.

Associate Planner Lori Parks presented the staff report.

In response to questions by Mayor Marchand, Ms. Parks confirmed there were elevators in the senior housing units.

Mayor Marchand opened the public hearing.

Millie Seibel, Livermore, submitted comments supporting approval of the project and the need for senior housing in Livermore.

Jason Bezis, Lafayette, questioned the funding for the project and said the funding for moving the train depot should be used for affordable housing.

In response to questions by Mayor Marchand, City Manager Marc Roberts said if housing funds were not used for housing on that site, the funds would have to be repaid.

Rachael Snedecor, Livermore Downtown Inc., spoke in support of the project and the need for workforce housing. She suggested more information regarding affordable housing be presented to the community and the point system be expanded to include more who work and live in Livermore.

Dawn Argula, Livermore Valley Chamber of Commerce, spoke in support of the mixed use housing development that offers people the opportunity to both work and live in Livermore.

Chester Moore, Livermore, spoke in support of the project and hoped there was more grass areas for playgrounds.

There were no more speakers and the hearing was closed.

Mayor Marchand said this project would actually reduce traffic in the area.

The City Council spoke in support of the project and the many housing needs that would be met.

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

Resolution 2017-010 Approving Vesting Tentative Tract Map 8358 (SUB 15-010), Downtown Design Review (DDR) 15-029, and consistency determination (CD) 16-003, and adopting a mitigated negative declaration and certifying the environmental document for the project

6. MATTERS FOR CONSIDERATION

6.01 Discussion and direction regarding a request from Lennar Multifamily

Communities and Presidio Companies to extend the Exclusive Negotiation

Rights Agreement for development of the Downtown Specific Plan Catalyst Sites.

MAYOR MARCHAND REORDERED THE AGENDA AND THIS ITEM WAS CONSIDERED EARLIER IN THE MEETING.

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.

League of California Cities CM Coomber said January 18-20, 2017 he attended the New Mayor and Council Member Conference in Sacramento.

Altamont Landfill Community Monitor Committee CM Carling said on January 11, 2017 he attended the meeting.

Stopwaste.org CM Carling said on January 12, 2017 he attended the meeting.

League of California Cities CM Carling said on January 18-20, 2017 he attended the New Mayor and Council Member Conference in Sacramento.

Intergovernmental Committee CM Woerner said on January 19, 2017 he attended the meeting. He requested and received consensus from the City Council to have staff work with Livermore Area Recreation and Park District to align the ordinances regarding off-leash dogs. There was also discussion on overlay maps to identify available land for public and park use.

Altamont Landfill and Resource Recovery Facility Open Space Account Advisory Committee CM Woerner said he attended the January meeting. He said there was a discussion on the effective use of funds being collected. He received consensus from the City Council to continue discussion on the use of funds.

Altamont Regional Rail Work Group VM Spedowfski said on January 11, 2017 he attended the meeting as the Livermore Amador Valley Transit Authority appointee. He said an Executive Director was hired. He said on February 9, 2017 there would be a discussion regarding construction of BART to Livermore at the BART Board of Directors meeting.

East Bay Community Choice Energy Joint Powers Authority VM Spedowfski said on January 13, 2017 he attended the meeting. There were interviews for consultants.

Tri-Valley Transportation Council Finance Sub-Committee VM Spedowfski said on January 17, 2017 he attended the meeting. There was a review of the annual audit and banking options.

Tri-Valley Transportation Council VM Spedowfski said on January 23, 2017 he attended the board meeting. There was a review of the 2017 strategic plan.

Livermore-Amador Valley Transit Authority VM Spedowfski said on January 23, 2017 he attended the Projects and Services committee meeting. There was a review of the dial-a-ride program and the autonomous vehicle program.

Parking and Traffic VM Spedowfski requested a report on options to the downtown in lieu parking fee with attention on the removal of inefficient parking spaces. He also noted that traffic enforcement, as mentioned during Citizens Forum, would be included in the Goals and Priorities Workshop.

California Local Agency Formation Commission (CALAFCO) Mayor Marchand said on January 11, 2017 he attended the retreat. He said work was done on policies, governance and board responsibilities.

Altamont Regional Rail Working Group Mayor Marchand said on January 11, 2017 he attended the meeting in Tracy. There was discussion on BART to Livermore.

Mayors Conference Mayor Marchand said on January 11, 2017 he attended the Alameda County Mayors Conference in Oakland. There was discussion on emergency operation.

Swearing In Ceremony Mayor Marchand said on January 11, 2017 he attended the ceremony of Margaret Fujioka as judge.

California Local Agency Formation Commission (CALAFCO) Mayor Marchand said on January 12, 2017 he attended the board meeting. There were actions taken on staffing, financing and specific legislative advocacy.

Innovation Tri-Valley Mayor Marchand said on January 13, 2017 he attended the retreat. The focus was on long and short term goals, creating a regional brand and exploring outreach and advocacy.

U.S. Conference of Mayors Mayor Marchand said January 17-20, 2017 he attended the annual conference in Washington DC.

Aquifer Ground Water Activities Mayor Marchand requested a letter be sent to the Department of Conservation regarding the aquifer on the east side to include specific comments pertaining to no degradation of the water quality, sufficient seals to prevent lateral contamination and more.

8.

ADJOURNMENT - 11:08 pm in memory of Miriam Miller, to a Special City Council Workshop, January 26, 2017 at 8:00 am, Livermore Airport Administration Building, 680 Terminal Circle, Livermore; a Special City Council meeting, February 9, 2017 at 6:30 pm, City Administration Building, Cabernet Conference Room, 1052 South Livermore Avenue, Livermore; and a regular City Council meeting on February 13, 2017 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

SUSAN NEER, CITY CLERK