FEBRUARY 26, 2018
CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor John Marchand at 6:05 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.
ROLL CALL - Present: Mayor John Marchand, Vice Mayor Bob Woerner, and Council Members Robert W. Carling, Bob Coomber. Council Member Steven Spedowfski was absent/excused.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING CLOSED SESSION ITEMS.
ADJOURN TO CLOSED SESSION
1. Conference with Real Property Negotiator. To meet with Paul Spence and Steve Stewart, 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 Numbers 098-0289-021-00, 098-0407-029-02, 098-0289-013-11, and 098-0407-013-00. The City negotiators may negotiate with Rikesh Patel on behalf of the Presidio Companies, LLC. The instructions will concern price and terms of payment.
2. To meet with Eric Uranga, City negotiator pursuant to Government Code section 54956.8 regarding the purchase, sale, exchange or lease of real property at 2038 First Street (APN 097-0001-022-00) and 2044 First Street (APN 097-0001-030-00). The City negotiator may negotiate with Kathleen Bireley and Thomas Chance, owner representatives. The instructions will concern price and terms of payment.
3. Existing Litigation. To meet with the City Attorney regarding pending litigation pursuant to Government Code section 54956.9(d)(1). Discussion in open session would prejudice the position of the City in litigation. (Alameda County Board of Supervisors Appeal. Application No. PLN2017-00227 Address: 7699 Altamont Pass Road, North Livermore area of unincorporated Alameda County.) (One Case)
4. Litigation - Conference with Legal Counsel. To meet with the City Attorney pursuant to Government Code section 54956.9(d)(4) to discuss whether to initiate litigation. (One Case)
CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:00 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. Council Member Steven Spedowfski was absent/excused.
1.02 PLEDGE OF ALLEGIANCE
1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION
City Attorney Jason Alcala said there was no reportable action on Items 1 and 2. On Items 3 and 4, Council directed staff on a 4-0 vote, to continue its opposition to the permit for a cannabis dispensary in the unincorporated county area north of Livermore on the grounds that it:
. Introduces a commercial use that violates County Measure D
. Is inconsistent with the County's ordinances, including its cannabis ordinance
. Is inconsistent with the City General Plan
. Places unnecessary demands on the City's services (water, sewer, public safety)
. Presents environmental impacts that have not yet been considered, and
. Is otherwise inconsistent with the City's and County's ordinances.
Council further directed that in the event the County approves the permit, City staff may pursue a lawsuit to challenge the permit in court.
PROCLAMATIONS AND PRESENTATIONS
2.01 Proclamation declaring March 12-18 as Girl Scout Week.
This item was rescheduled to March 26, 2018.
2.02 Proclamation declaring March 2018 as American Red Cross Month.
Gregory Portillo, Government Relations Team of the Board of Directors, American Red Cross Bay Area and Alameda County Leadership Council received the proclamation.
2.03 Poet Laureate annual update.
Poet Laureate Cynthia Patton presented the annual update. She recited a poem entitled "Eulogy for the Old Library".
2.04 Confirmation of reappointment of Richard Finn as City Historian.
ON THE MOTION OF VM WOERNER, SECONDED BY CM CARLING AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL CONFIRMED THE REAPPOINTMENT.
Mayor Marchand presented a proclamation in recognition of City Manager Marc Roberts' 30 years of service with the City of Livermore.
Greg Scott, Livermore, spoke regarding the homeless issue and the inclement weather they were experiencing.
Karl Wente, Livermore, spoke regarding the Downtown Steering Committee, Friends of Livermore, and the results of the community outreach process.
John Stein, Livermore, continued speaking regarding the goals of the One Bay Area Plan.
Brett Wayne, Livermore, spoke regarding the Isabel Neighborhood extension for the BART plan and expressed concern regarding housing units near airport protected areas.
Steve Hathcox spoke regarding the need for a traffic light at the intersection of Greenville and Patterson Pass roads.
In response to questions from Mayor Marchand, City Engineer Cheri Sheets said the traffic light project is in the two-year Capital Improvement Program and is under design.
Van Rainey, Livermore, spoke in favor of promoting closer relationships between elected officials and members of the community and in favor of creating districts for future elections.
Nancy Bankhead, Livermore, spoke against the BART service and maintenance yard proposed for North Livermore due to noise levels.
Jeff Kaskey, Livermore, spoke regarding the Downtown process and challenging the plan to get the best Downtown possible.
Kristi Miller, Livermore, Project Manager Tri-Valley Anti-Poverty Collaborative (TVAPC), spoke regarding the need for affordable housing in the Bay Area.
Mayor Marchand removed Item 4.03 for separate discussion and consideration.
In response to questions by the City Council, City Engineer Cheri Sheets spoke regarding modifications to improve the existing parking garage entrance and exit, including crosswalk modifications, and changing the construction funding dates from FY 2019-20 to FY 2018-19.
VM Woerner requested a cost analysis of a 2nd level of underground parking in the parking garage.
ON THE MOTION OF VM WOERNER, SECONDED BY CM COOMBER, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED ITEM 4.03 AND ADOPTED THE FOLLOWING RESOLUTION AS AMENDED CHANGING THE CONSTRUCTION FUNDING DATES FROM FY 2019-20 TO FY 2018-19.
Resolution 2018-018 approving Community Development Department operating and capital improvement program budget adjustments in Fiscal Years 2017 - 2019 to facilitate the implementation of the downtown work program
ON THE MOTION OF VM WOERNER, SECONDED BY CM CARLING AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEMS 4.01, 4.02, 4.04, 4.05, AND 4.06.
4.01 Approval of minutes - January 29, 2018 special City Council meeting and February 12, 2018 regular City Council meeting.
4.02 Resolution 2018-019 authorizing execution of agreement with Grade Tech, Inc. and Resolution 2018-020 authorizing execution of agreement with West Valley Construction, Inc. in a combined amount not to exceed $700,000, for on-call repairs to City water, sewer, and storm drain systems.
4.03 Resolution 2018-018 approving Community Development Department operating and capital improvement program budget adjustments in Fiscal Years 2017 - 2019 to facilitate the implementation of the downtown work program.
4.04 Resolution 2018-021 ratifying direction to staff to negotiate with TriValley REACH the disposition of a City-owned residential unit located at 153 Gillette Place #110 and associated documents.
4.05 Resolution 2018-022 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 2018-023 authorizing Livermore Sanitation's request for temporary disposal of compostable materials from front-load bin commercial customers until October 1, 2018.
5. PUBLIC HEARINGS - None.
MATTERS FOR CONSIDERATION
6.01 Discussion and direction regarding execution of a development and disposition term sheet with Presidio Companies for development of a downtown hotel.
Recommendation: Staff recommended the City Council adopt a resolution authorizing the execution of a term sheet with Presidio Companies establishing the framework for negotiating a disposition and development agreement for a downtown hotel and certifying the environmental document.
Planning Manager Steve Stewart presented the staff report.
Mayor Marchand invited public comment.
Rachael Snedecor, Livermore Downtown Inc Executive Director, spoke regarding the California Main Street Conference and the future of Livermore's downtown.
David Kent, Livermore, spoke in support of Presidio and the development of the downtown hotel.
Evan Branning, Livermore, spoke in support of the Council approving the term sheet with Presidio Companies to establish the framework for negotiating a disposition and development agreement for a downtown hotel.
Allan Burnham, Livermore, suggested staff estimate approximate costs for a second level of underground parking.
Jean King, Livermore, spoke regarding the Bankhead Theater and increased parking surrounding the theater. Comments were read on behalf of Sally Dunlop regarding parking needs in the area.
Dawn Argula, Chief Executive Officer, President, Livermore Valley Chamber of Commerce, spoke in support of the Council approving the term sheet with Presidio Companies to establish the framework for negotiating a disposition and development agreement for a downtown hotel, concern regarding the reference to future free parking designated in the report, designated drop-off points, and consideration of reasonable financial returns of the investment in the infrastructure.
There were no more speakers.
CM Coomber spoke in support of Presidio and staff recommendation.
CM Carling spoke in support of Presidio and staff recommendation.
VM Woerner spoke in support of Presidio and staff recommendation.
In response to questions by VM Woerner, Mr. Patel said he did not have any questions or comments regarding the term sheet and spoke regarding the consistent messaging throughout the project and Presidio's commitment to the City and to building the hotel. He stated that the term sheet captures the financial elements of what would make a hotel successful, and that sight plans and exterior renderings could be expected this spring.
In response to questions by VM Woerner, Community Development Director Paul Spence spoke regarding the expense of a second underground level in the parking garage and groundwater issues. Staff will return to Council on March 26, 2018 with a general cost estimate of adding a second level.
Mayor Marchand expressed his appreciation for Mr. Patel's patience and enthusiasm for the hotel project.
ON THE MOTION OF CM CARLING, SECONDED BY CM COOMBER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2018-024 authorizing the execution of a hotel term sheet with PresidioCo Holdings LLC for the preparation of a disposition and development agreement for a downtown hotel.
COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED
7.01 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members.
Lawrence Livermore National Laboratory Board of Governors - CM Carling attended the meeting on February 14, 2018.
Glazer/Baker Town Hall - CM Carling attended the town hall on February 20, 2018 at East Avenue Middle School.
Lawrence Elementary School Naming - CM Carling, CM Coomber and Mayor Marchand attended the dedication and renaming of the former Portola School on February 23, 2018.
Chinese New Year Celebration - CM Carling attended the celebration on February 24, 2018 on behalf of the Mayor.
Civic Center Meeting Hall and Emergency Operations Center Groundbreaking - CM Carling attended the ceremony.
CM Carling requested staff provide a memo regarding the feasibility of Lime Bike in Livermore.
Glazer/Baker Town Hall - VM Woerner attended the Town Hall on February 20, 2018.
Civic Center Meeting Hall and Emergency Operations Center Groundbreaking - VM Woerner attended the event where John Shirley was honored.
Livermore-Amador Valley Water Management Agency (LAVWMA) - VM Woerner attended the meeting where the manager's contract was extended for three years.
Livermore Downtown Inc - VM Woerner attended the meeting where there was excitement about moving forward with the Downtown.
VM Woerner requested and received consent from Council to direct City Attorney Jason Alcala to prepare a report regarding district elections.
VM Woerner requested and received consent from Council on a 3-1 vote (CM Carling voting no) to direct staff to analyze a document he prepared regarding the Downtown, and return to Council for discussion at the March 26, 2018 meeting.
Livermore-Amador Valley Water Management Agency (LAVWMA) - Mayor Marchand attended the meeting.
Alameda County - Mayor Marchand attended a panel discussion on homelessness on February 22, 2018 at Sandia Library Alameda County.
Alameda County Transportation Commission (ACTC) - Mayor Marchand attended the meeting on February 22, 2018 where there was an update on student bus passes.
Lawrence Elementary School Naming - Mayor Marchand attended the ceremony on February 23, 2018.
Blue and Gold Arrow of Light Ceremony - Mayor Marchand attended the ceremony on February 24, 2018.
Civic Center Meeting Hall and Emergency Operations Center Groundbreaking- Mayor Marchand attended the ceremony.
ADJOURNMENT - at 8:38 pm to a regular City Council meeting on Monday, March 26, 2018 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.
THE REGULARLY SCHEDULED CITY COUNCIL MEETING FOR
MARCH 12, 2018 WAS CANCELLED.
JOHN P. MARCHAND, MAYOR
SUSAN NEER, CITY CLERK