CALL TO ORDER

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 COUNCILMEMBERS

ADJOURNMENT

April 27, 2015

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REGULAR MEETING

1. CALL TO ORDER- 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 Laureen Turner, and Council Members Stewart Gary and Steven Spedowfski. Council Member Bob Woerner was absent/excused.

1.02 PLEDGE OF ALLEGIANCE

2. PROCLAMATIONS AND PRESENTATIONS

2.01 Proclamation declaring April 12 - April 19, 2015 National Public Safety Telecommunicator Week.

Mayor Marchand presented a proclamation to Dispatcher Tiffany Oppendike declaring April 12-19, 2015 National Public Safety Telecommunicator Week.

2.02 Livermore Area Youth Advisory Commission Annual Update.

Livermore Area Youth Advisory Commission Chair Collin Rodgers and Vice Chair Maggie Rosendin presented the update.

3. CITIZENS FORUM

Connie Kopps, Livermore, spoke regarding the 2008 Northeast Livermore Community Workshop.

In response to questions by Mayor Marchand, Assistant Community and Economic Development Director Eric Uranga clarified that the Springtown Golf Course workshop conducted by the City in 2008 was coordinated by David Early a consultant and not a developer.

David Williams, Livermore, spoke regarding the Citys community outreach efforts.

Don Meeker, Livermore, spoke regarding the 1898 fire department apparatus.

John Stein, Livermore, spoke regarding BART to Livermore and the proposed station at Isabel Avenue.

In response to questions by Mayor Marchand, Assistant Community and Economic Development Director Eric Uranga said the planning process for the proposed BART to Livermore was in its initial stages. He verified there would be numerous on-going workshops for the community to provide input.

4. CONSENT CALENDAR

ON THE MOTION OF CM GARY, SECONDED BY CM SPEDOWFSKI, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

4.01 Approval of Minutes - April 13, 2015 regular City Council meeting.

4.02 Adoption of Ordinance 2021 amending Municipal Code Chapter 12.51 to extend the sunset of the Art in Public Places program from May 1, 2015 to December 31, 2015.

4.03 Adoption of Ordinance 2022 amending Municipal Code Chapter 8.10, Smoking Pollution Control, to clearly define smoking, reasonable distance, and areas where smoking is prohibited including the establishment of a downtown non-smoking area, and define enforcement measures.

4.04 Introduction of an ordinance amending Municipal Code Chapter 16.12, Flood Control Regulations Ordinance, to clarify elevation requirements for building and to add a new requirement to submit elevation certificates for all buildings in or near the floodplain.

4.05 Resolution 2015-041 authorizing the concurrent consideration of General Plan Amendment 14-002 and Planning Development-Residential 14-005 to change the General Plan and Development Code for an approximately 4.7 acre site at 5915 & 5945 East Avenue. (Southwest corner of East Avenue and Vasco Road)

4.06 Resolution 2015-042 authorizing appropriation of Housing and Human Services Grant funds utilizing Community Development Block Grant, HOME Investment Partnerships Program, Social Opportunity Endowment, Housing In-Lieu, and Human Services Facility Fee funds for Fiscal Year 2015-2016.

4.07 Resolution 2015-043 accepting for permanent maintenance and releasing of security for Tract Map 7782 - The Grove Phase 3. Location: west of North Mines Road, at the end of Sonia Street.

5. PUBLIC HEARINGS

5.01 Hearing to receive protests related to the annual fire hazard abatement program and to order abatement of public nuisances.

Recommendation: Staff recommended the City Council consider all protests, and if the Council finds appropriate, adopt a resolution overruling protests, and direct staff to proceed with necessary abatement on all parcels requiring abatement.

Fire Marshal Ryan Rucker presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

ON THE MOTION OF CM GARY, SECONDED BY VM TURNER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2015-044 overruling protests and ordering the abatement of a public nuisance.

5.02 Hearing to consider the 2015-2019 Consolidated Plan and the Fiscal Year 2015-2016 Action Plan for the Community Development Block Grant Program.

Recommendation: The Human Services Commission and staff recommended the City Council adopt a resolution approving the Fiscal Year 2015-2019 Consolidated Plan and the Fiscal Year 2015-2016 Action Plan and authorizing submittal to the Alameda County for inclusion with the Alameda County HOME Consortium document and submission to the U.S. Department of Housing and Urban Development; and authorizing execution of all related documents.

Human Services Program Manager Jean Prasher presented the staff report.

The City Council complemented the Human Services Commission and staff for using the funds to provide the greatest possible impact for the most needy in the community.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY CM GARY AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2015-045 approving the Consolidated Plan for Fiscal Years 2015-2019 and the Action Plan for the Fiscal Year 2015-2016 Community Development Block Grant Program.

6. MATTERS FOR CONSIDERATION

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

Mayor Marchand appointed CM Spedowfski to serve as Livermores representative on the Alameda County Community Choice Aggregation Steering Committee.

6.02 Presentation of the Livermore Valley Performing Arts Center 2014 Annual Report.

Recommendation: Staff recommended the City Council receive the report. No action was required.

Livermore Valley Performing Arts Center Executive Director Scott Kenison presented the 2014 annual report. He requested the City consider a financial commitment of $40,000 to make improvements to the lobby of the Bankhead Theater.

In response to questions by VM Turner, Mr. Kenison verified the season announcement would be May 27, 2015, and Tuesday on the Green would begin again in June.

In response to questions by CM Spedowfski, Assistant City Manager Jenny Haruyama said there was no action for Council to take on this item.

CM Spedowfski said he would like more information on the utilization of additional space at the Bankhead Theater.

THE CITY COUNCIL RECEIVED THE VERBAL REPORT.

6.03 Resolution authorizing an access license agreement with Fertile Groundworks and Sunflower Hill, and authorization to approve in substantial conformance an access license agreement with Del Arroyo 4-H program of Livermore/Double Hearts Riding to implement programs on Hagemann Farm.

Recommendation: Staff recommended the City Council adopt the resolution.

Human Services Program Manager Jean Prasher presented the staff report.

The City Council spoke in support of the item.

ON THE MOTION OF VM TURNER, SECONDED BY CM GARY AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2015-046 authorizing execution of access license agreements with Sunflower Hill and Fertile Groundworks and approving an access license agreement in substantial conformance with the Del Arroyo 4-H Club of Livermore.

6.04 Discussion and direction regarding Livermore Sanitations Special Rate Review request.

Recommendation: Staff recommended the City Council provide direction.

Public Works Manager Judy Erlandson presented the staff report.

In response to questions by VM Turner, Ms. Erlandson said Livermore Sanitations proposed rate increase would only affect commercial recycling and residential accounts; no one else would see a rate increase. She said the cost for 20-gallon containers would increase by five cents. She confirmed that all customers paid the same rate for recycling.

Mayor Marchand invited public comment.

William Smith, President of the Professional Engineers at the Lawrence Livermore National Laboratory, spoke in support of the item.

Kent Kenney, Livermore Sanitation, Chief Financial Officer, spoke in support of the item.

Cate Sarraille, Livermore, spoke in support of the item.

Fred Pecker, Secretary/Treasurer, Local 6, spoke in support of the item.

Ruth Abbe, Sierra Club, spoke in support of the item.

CM Gary spoke in support of the staff recommendation for a blended rate increase. He said the workers deserved a fair wage and benefit package for the work they do.

CM Spedowfski agreed with CM Garys comments, saying there should be increased awareness of where hazardous waste goes.

Mayor Marchand spoke regarding the inappropriate disposal of hazardous waste. He said Livermore had achieved a 77% diversion rate.

ON THE MOTION OF CM GARY, SECONDED BY CM SPEDOWFSKI AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL DIRECTED STAFF TO PROCEED WITH THE SPECAIL RATE REVIEW REQUEST AT THE 5.88% LEVEL.

6.05 Discussion and direction regarding a draft federal legislative letter concerning medical marijuana and pending State and Federal legislation.

Recommendation: Staff recommended the City Council provide direction.

Senior Management Analyst Donna Pontau presented the staff report.

THE CITY COUNCIL APPROVED THE DRAFT LETTER AS AMENDED TO INCLUDE IN A CONTROLLED MANNER SUCH AS THROUGH PHARMACIES AND THE LETTER WOULD BE SIGNED BY THE ENTIRE CITY COUNCIL.

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 Council Members.

Tri-Valley Transportation Council (TVTC) CM Spedowfski said on April 20, 2015, he attended the meeting. He said $500,000 was allocated for the widening of SR-84 from Concannon Boulevard to Ruby Hill.

Airport Administration Building CM Spedowfski said on April 22, 2015, he attended the open house of the new administration building at the airport.

McLeod Property CM Spedowfski said on April 22, 2015, he attended the tour of the property.

Livermore Valley Performing Arts Center (LVPAC) CM Spedowfski said on April 23, 2015, he attended the LVPAC Chairs Luncheon at the Bankhead Theater. He said there was an update provided similar to the presentation given this evening.

Airport Administration Building CM Gary said on April 22, 2015, he attended the open house of the new administration building at the airport.

Livermore Downtown Inc. CM Gary said he attended the April 21, 2015, Board of Directors meeting. He said upcoming events included the Wine Festival and the 4th of July.

League of California Cities (LOCC) VM Turner said on April 20, 2015, she met with the Executive Committee of the East Bay Division. There was planning for upcoming meetings to include topics such as homelessness and affordable housing. She said on April 23, 2015, she attended the Bocce Ball fund raising tournament.

Legislative Action Days VM Turner said she would be attending the event in Sacramento on April 28, 2015.

Livermore Amador Valley Water Management Authority (LAVMA) Mayor Marchand said on April 15, 2015, he attended the meeting. There was an operations report and a closed session with no reportable action.

Library Art Show Mayor Marchand said on April 15, 2015, he attended an amazing art show highlighting local middle and high school students.

Las Positas College Mayor Marchand said on April 17, 2015, he attended the 40th anniversary celebration of Las Positas and Chabot colleges. He said there was also a ribbon cutting ceremony for the new Veterans Center.

Airport Administration Building Mayor Marchand said on April 22, 2015, he attended the open house of the new administration building at the airport.

Livermore Valley Performing Arts Center (LVPAC) Mayor Marchand said on April 23, 2015, he attended the LVPAC Chairs Luncheon at the Bankhead Theater.

Alameda County Transportation Commission (ACTC) Mayor Marchand said on April 24, 2015, he attended the board meeting.

East Bay Regional Communication Systems Authority (EBRCSA) Mayor Marchand said on April 24, 2015, he attended the meeting. He said there was discussion on new land leases and Oakland was finally joining the program.

Red, Blue & Gold Mayor Marchand said on April 24, 2015, he attended the program sponsored by the Knights of Columbus to recognize local police and fire personnel.

8. ADJOURNMENT - at 8:37 pm to a regular City Council meeting on Monday, May 11, 2015 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:
JOHN P. MARCHAND, MAYOR

ATTEST:
SUSAN NEER, CITY CLERK