CALL TO ORDER / PLEDGE OF ALLEGIANCE

PROCLAMATIONS AND PRESENTATIONS

CITIZENS FORUM

CONSENT CALENDAR

PUBLIC HEARINGS

MATTERS FOR CONSIDERATION

ADJOURNMENT

June 11, 2018

________________________________________________________________

REGULAR MEETING

CLOSED SESSION

CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor John Marchand at 6:00 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, and Steven Spedowfski.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING CLOSED SESSION ITEMS. None.

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. Conference with Labor Negotiator, Conference Joint Powers Agency Confidential Information. To meet with Administrative Services Director Douglas Alessio, the City's negotiator, pursuant to Government Code sections 54957.6, and 54956.96 regarding negotiations with The International Association of Firefighters, Local 1974, AFL-CIO-CLC.

3. Anticipated 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)

4. 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. (One case)

City of Livermore v. County of Alameda, et al., Alameda County Superior Court Case No. RG18906336

5. Anticipated Litigation - To meet with the City Attorney pursuant to Government Code section 54956.9(e) because there is significant exposure to litigation against the City based on existing facts and circumstances. (One Case)

54956.9(e)(3) - Receipt of a written communication from a potential plaintiff threatening litigation. The communication from Kevin Shenkman, dated May 23, 2018, alleging a violation of the California Voting Rights Act is available for public inspection in the City Clerk's Office.

Note: This Closed Session may be continued to the end of the Regular Meeting.

________________________________________________________________ REGULAR MEETING

1.

CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:01 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

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 Proclamation declaring June 2018 as Safety Awareness Month.

Mayor Marchand presented a proclamation to City of Livermore Risk Manager Janet Hamilton declaring June 2018 as Safety Awareness Month.

2.02 Historic Preservation Commission Annual Update.

Historic Preservation Commission Chair Shaine Klima Athey presented the annual update.

3.

CITIZENS FORUM

Greg Scott, Livermore, spoke regarding issues relating to housing and homelessness.

Conny Priebe, Livermore, spoke regarding saving the duck pond in Springtown and submitted a related petition.

Cheryl Kelly, Livermore, spoke regarding saving the duck pond in Springtown.

Rosemary Chang, Livermore Valley Opera and Joint Building Committee; and Jeffrey Gimenez, Livermore Shakespeare Festival and Joint Building Committee, spoke regarding their organizations' need for storage space and asked about using the temporary Council Chamber building.

Michelle Gallegos, Livermore, spoke regarding saving the duck pond in Springtown.

Carol Kehl, Livermore, spoke regarding saving the duck pond in Springtown.

David Rounds, Livermore, spoke regarding infrastructure projects and expressed appreciation to staff and the Council.

Connie Kopps, Livermore, spoke regarding the Springtown duck pond and the need to look at Springtown as a whole.

John Stein, Livermore, spoke regarding positive aspects to the unsuccessfulness of the BART to Livermore project.

Karl Wente, Livermore, spoke regarding recent advertisements in The Independent relating to the Downtown project.

Jessica Feigner, Livermore, spoke regarding saving the duck pond in Springtown.

In response to questions by Mayor Marchand, Public Works Director Darren Greenwood clarified that there was no natural water source for the duck pond in Springtown. He described the process of public outreach and relocation of animals, saying incorrect information had been circulated. He said there was a natural pond located elsewhere on the site connecting to the creek.

4.

CONSENT CALENDAR

ITEMS 4.02, 4.03, 4.04, 4.05, AND 4.06 WERE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION.

City Attorney Jason Alcala reviewed the five ordinances pertaining to the Isabel Neighborhood Specific Plan, saying Council could either vote to deny the ordinances or not adopt them on second reading.

ON THE MOTION OF CM CARLING, SECONDED BY VM WOERNER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL DENIED APPROVAL OF ITEMS 4.02, 4.03, 4.04, 4.05, AND 4.06; AND DIRECTED STAFF TO RETURN WITH AN ITEM RESCINDING THE THREE CONTINGENT RESOLUTIONS APPROVED MAY 14, 2018 PERTAINING TO THE ISABEL SPECIFIC NEIGHBORHOOD PLAN.

ITEMS 4.01 AND 4.17 WERE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION.

ON THE MOTION OF CM CARLING, SECONDED BY VM WOERNER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTIONS OF ITEMS 4.01 AND 4.17.

Connie Kopps, Livermore, spoke regarding Item 4.01, including the City Council budget workshop on May 21, 2018 and housing projects in Livermore.

Karl Wente, Livermore, spoke regarding Item 4.17, expressing appreciation for staff's work on the financial plan; and spoke regarding the Livermore Valley Performing Art Center's finances.

ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY CM COOMBER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED ITEMS 4.01 AND 4.17.

4.01 Approval of minutes - May 14, 2018 regular City Council meeting, May 21, 2018 City Council Special Meeting Closed Session, and May 21, 2018 City Council Budget Workshop.

4.02 Ordinance approving a Planned Development to amend Planned Unit Development 153-84 for implementation of the Isabel Neighborhood Specific Plan. (Planned Development 18-001)

4.03 Ordinance approving a Planned Development to amend Planned Development-Industrial 00-181 for implementation of the Isabel Neighborhood Specific Plan. (Planned Development 18-006)

4.04 Ordinance approving a Planned Development to amend Planned Development-Industrial 01-002 for implementation of the Isabel Neighborhood Specific Plan. (Planned Development 18-007)

4.05 Ordinance approving a Planned Development amending Planned Development 16 for implementation of the Isabel Neighborhood Specific Plan. (Planned Development 18-009)

4.06 Ordinance amending the Development Code and Zoning District Map of the City of Livermore for implementation of the Isabel Neighborhood Specific Plan. (Development Code Amendment 18-001, Zoning Map Amendment 18-001, and Annexation-Pre-Zoning 18-001).

4.07 Adoption of ordinance 2070 amending Livermore Development Code Section 5.01.030 (Carriage House), Section 6.03.120 (Secondary Dwelling Units), and Section 11.01.020 (Definition of Specialized Terms and Phrases), to comply with state law regarding Accessory Dwelling Units. (Development Code Amendment 18-003)

4.08 Resolution 2018-072 determining there remains a need to continue the emergency proclamation declared on March 15, 2017 for the February 19, 2017 flood damage.

4.09 Resolution 2018-073 calling for and giving notice of the holding of a general municipal election in the City of Livermore on Tuesday, November 6, 2018 for the election of certain officers of the City.

4.10 Resolution 2018-074 authorizing execution of a twenty-four month agreement with Lynx Technologies, Inc., in an amount not-to-exceed $375,000, for Geographic Information System implementation, enhancements, upgrades, development, and maintenance services.

4.11 Resolution 2018-075 authorizing execution of a three-year agreement with Synagro-WWT, Inc., in an amount not-to-exceed $1,100,000, for transport and disposal of biosolids services; and authorizing execution of one optional two-year extension.

4.12 Resolution 2018-076 authorizing issuance of a purchase order to Olin Corporation, in an amount not to exceed $125,000, for the purchase of sodium hypochlorite 12.5% to be used for treated effluent disinfection at the Water Reclamation Plant.

4.13 Resolution 2018-077 authorizing execution of the Master Contract between the City of Livermore and Alameda County Probation Department for the term of July 1, 2018 to June 30, 2021, in an amount not to exceed $1,860,000, for Horizons Family Counseling services.

4.14 Resolution 2018-078 authorizing the City Attorney to initiate judicial foreclosure for delinquent special taxes, Community Facilities District No. 99-1 (Tri-Valley Technology Park).

4.15 Resolution 2018-079 authorizing the temporary disposal of mixed paper materials until November 19, 2018, and authorizing the City Manager to grant a six-month extension until May 19, 2019, if warranted.

4.16 Resolution 2018-080 adopting Volume 1 and Livermore's portion of Volume 2 of the 2017 Tri-Valley Hazard Mitigation Plan.

4.17 Resolution 2018-082 approving the Two-Year Financial Plan Update for Fiscal Years 2017-18 and 2018-19 and adjusting appropriations.

4.18 Resolution 2018-081 establishing the appropriations limit for FY 2018-19.

5.

PUBLIC HEARINGS

5.01 Hearing to consider the proposed Bicycle, Pedestrian, and Trails Active Transportation Plan (ATP). The project is located in the City's Planning Area and encompasses land in unincorporated Alameda County. The ATP recommends a variety of shared paths, bikeway facilities, and pedestrian enhancements at various locations throughout the Livermore Planning Area that are aimed at improving safety and access to schools, community facilities, parks, and downtown, facilitating crosstown routes, and increasing connectivity throughout Livermore, to adjacent jurisdictions, and to regional open spaces and job centers. The ATP includes a set of goals, policies, and implementation principles that guide Livermore's bicycle and pedestrian network improvements. The ATP recommends network and programmatic improvements to help accomplish the ATP's objectives of increased safety, comfort, and connectivity. The ATP proposed network would be implemented over a long period of time as funding and/or approval of physical improvements occur. The ATP includes updated Design Guidelines, which together will replace the 2001 Bikeways and Trails Master Plan and corresponding 2001 Design Guidelines and Best Practices.

. Location: Livermore Planning Area

. Site Area: Livermore Planning Area

. Applicant: City of Livermore

. Application Number: Capital Improvement Project (CIP# 201024), Policy Implementation (POLI18-001), General Plan Amendment (GPA) 18-004 (Circulation Element), and Municipal Code Amendment (MUNI) 18-001

. Public improvements: None

. Zoning: Various

. General Plan: Various

. Historic Status: Various

. CEQA: An Initial Study and Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act

Recommendation: Staff recommended the City Council:

1. Adopt a resolution amending the General Plan Circulation Element (GPA18-004), approving the Livermore Bicycle, Pedestrian, and Trails Active Transportation Plan and Design Guidelines, subject to staff proposed revisions, and certifying the environmental document and adopting a Mitigated Negative Declaration; and

2. Introduce an ordinance approving Municipal Code Amendment (MUNI) 18-001 to replace references to the 2001 Bikeways and Trails Master Plan with the Active Transportation Plan.

Associate Planner Debbie Bell, Associate Planner Andy Ross, and Alta Planning Consultant Lisa Beyer presented the staff report.

CM Spedowfski spoke regarding the East Avenue corridor study, clarifying that only a study was proposed in the first phase; and spoke regarding the heavily used I-580 crossings in North Livermore.

In response to questions by CM Carling, Ms. Bell spoke regarding the crossing on Concannon, outlining recommendations for improving safety to Sunset school.

Mayor Marchand opened the public hearing.

Beth Wilson, Livermore, spoke in support of completing trail connection T6 connecting greater Springtown with Livermore. She expressed her intent to include the item in the Livermore Area Recreation and Park District budget.

Gordon Bull, Livermore, spoke in opposition of removing lanes on East Avenue.

Brent, Livermore, spoke in opposition of removing lanes on East Avenue.

Susie Hufstader, Bike East Bay, expressed support for the plan and suggested amendments, including setting metrics and goals for projects and revising them to different standards when necessary.

Steven Dunbar, Livermore, expressed support for the plan with amendments, supported the East Avenue corridor study, and suggested creating a transportation advisory committee.

Evan Branning, Livermore, expressed support for the item and expressed support for a standing transportation advisory committee.

There were no more speakers and the hearing was closed.

VM Woerner spoke regarding the high value of the T6 trail, expressing a desire to emphasize the project as a high priority to complete the trail within the next ten years; feasibility of a transportation advisory committee; and implementing back-in diagonal parking.

In response to questions by VM Woerner, City Manager Marc Roberts said LARPD was the lead agency for the T6 trail project as part of the trail was outside the City limits; if the City Council prioritized the trail, City staff would work with LARPD and bring an item back to the Council and LARPD board. He said prior City Council direction was to limit standing committees; staff had been working with interested groups and would continue to do so.

CM Spedowfski expressed support for the first phase project list and said he would support consideration of a transportation advisory committee.

In response to questions by CM Carling regarding suggestions made by Mr. Dunbar, Mr. Ross said staff had proposed to incorporate a number of the suggestions; regarding targeted goals, the feedback from the community was to keep them broad and flexible. Ms. Bell said staff was researching bike sharing with a users group and was preparing to provide information to Council.

In response to questions by CM Coomber regarding pedestrian safety and desensitization to flashing light crosswalks, Ms. Beyer described options to create slower streets and promote pedestrians, such as bulb-outs, flashing lights, high-visibility crosswalks, and street lighting.

Mayor Marchand expressed support for the study and said personal responsibility was required by both pedestrians and vehicles.

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

Resolution 2018-083 approving the Livermore Bicycle Pedestrian and Trails Active Transportation Plan and the Livermore Bicycle Pedestrian and Trails Active Transportation Plan Design Guidelines; amending the General Plan Circulation Element; and adopting a Mitigated Negative Declaration and certifying the environmental document.

Ordinance introduced amending Livermore Municipal Code Chapter 12, Streets, Sidewalks And Public Places, to update references to be consistent with the newly approved Bicycle, Pedestrian, and Trails Active Transportation Plan nd the newly approved Bicycle, Pedestrian, And Trails Active Transportation Plan

Design Guidelines.

5.02 Hearing to consider proposed increased levy of assessment for the following Landscape Maintenance Districts: Orchard Business Park, LMD 1995-1; Jack London Place, LMD 1995-3; and Silver Oaks, LMD 1990-1.

Recommendation: Staff recommended the City Council:

1. Preliminarily approve the Consolidated Annual Engineer's Report for all Landscape Maintenance Districts.

2. Hold a public hearing and receive ballots to determine if assessments can be increased for Landscape Maintenance Districts 1990-1, 1995-1, and 1995-3; and

3. Adopt a Resolution of Intention to levy and collect annual landscape maintenance assessments for all districts formed under the Landscape and Lighting Act of 1972; and establish a Public Hearing for June 25, 2018 for the levy of assessments.

Management Analyst Anthony Smith presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

Mayor Marchand directed the City Clerk to open and tabulate the ballots.

THE CITY COUNCIL RECESSED FROM 9:21-9:39 PM.

City Clerk Sarah Bunting announced the results of the ballot proceeding.

Orchard Business Park - LMD 1995-1

Ballots cast: 17 (weighted)

# of YES votes: 67.93%

# of NO votes: 32.07%

Increase approved.

Jack London Place - LMD 1995-3

Ballots cast: 16

# of YES votes: 4

# of NO votes: 12

Increase not approved.

Silver Oaks - LMD 1990-1

Ballots cast: 8

# of YES votes: 0

# of NO votes: 8

Increase not approved.

In response to questions by CM Spedowfski, Mr. Smith confirmed that for the two districts that did not approve increases, the City would maintain what it could with available funding levels, but the maintenance would decline.

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

Resolution 2018-084 of Intention to levy and collect annual assessments under the Landscape and Lighting Act of 1972

5.03 Hearing to consider a proposal from Legacy Partners to redevelop the former Groth Brothers Chevrolet site, which occupies the block bounded by First Street, South L Street, South M Street, and Railroad Avenue, with a mixed-use development consisting of two buildings that, together, contain 222 apartments and approximately 14,000 square feet of ground-floor retail space. One proposed building fronts onto First Street and contains approximately 14,000 square feet of ground-floor retail space with 34 apartments in two floors above. A surface parking lot with 49 spaces serves the retail space. A second building, located on the northern half of the site ranges from three to four stories and contains 188 apartments and 392 parking spaces contained within an internal multi-level parking structure. The development includes public and private amenities, including publicly accessible landscaped courtyards, a public path that connects South M Street with Railroad Avenue, and a private rooftop terrace and swimming pool for residents. The proposed Certificate of Appropriateness is needed to authorize the demolition of four existing buildings, including an ancillary building, that are more than 50 years old. A Tree Removal authorization is required to remove existing on-site trees. The proposed Development Agreement would secure off-site public improvements and vest development fees for one year.

. Location: 1934-1962 First Street and 57-59 South L Street

. Site Area: 4 acres

. Applicant: Legacy Partners

. Application Numbers: Development Agreement (DA) 18-002, Downtown Design Review (DDR 17-012), Tentative Parcel Map 10757 (TPM 10757), Subdivision (SUB17-008), Certificate of Appropriateness (COA17-019), and Tree Removal (TREE17-006)

. Public improvements: The project will widen Railroad Avenue and South L Street to accommodate parallel parking bays, tree pockets, and new curb, gutter, and sidewalk. The project will add angled parking on First Street, continuing the Downtown Core flex zone, and angled parking on the east side of South M Street.

. Zoning: Downtown Specific Plan (DSP), Subareas 1 and 2

. General Plan: Downtown Area (DA)

. Historic Status: 6Z (not eligible for listing on the National Register).

. CEQA: A CEQA Infill Environmental Checklist and Mitigated Negative Declaration, consistent with Section 21094.5 of the Public Resources Code and Section 15183.3 of the CEQA Guidelines, will be considered.

Recommendation: The Planning Commission and staff recommended the City Council:

1. Adopt a resolution certifying the Mitigated Negative Declaration for the proposed mixed-use development known as Legacy at Livermore;

2. Adopt a resolution approving Downtown Design Review (DDR 17-012), Tentative Parcel Map 10757 (SUB 17-008), Certificate of Appropriateness (COA 17-019), and Tree Removal (TREE 17-006) (collectively, the "Project Entitlements"); and

3. Introduce an ordinance approving Development Agreement (DA18-002).

Senior Planner Ben Murray presented the staff report.

David Eichler, Senior Managing Director, Legacy Partners, and Jonathan Ennis, President and Principal Architect at BDE Architecture, presented an overview of the project.

In response to questions by CM Spedowfski regarding soil mitigation, Mr. Murray said the project would minimize the amount of digging down. Mr. Ennis said the site had been studied since 2007 and tested; either the soil would be contained on-site or trucked off-site.

Mayor Marchand opened the public hearing.

Nicole Goehning, Associated Builders and Contractors of Northern California, spoke regarding her organization's local apprenticeship programs and supported approval of the project under fair and open competition.

Sergio Cortez, Associated Builders and Contractors of Northern California, expressed support for keeping the project fair and open.

Alex Smith, Livermore, spoke in support of the project, saying she was a small, non-union, woman-owned business who had worked on projects in Livermore and asked to keep bidding open.

John Stein, Livermore, expressed support for the project and spoke regarding the selection of street trees in scale with building heights.

Marc Lopez, Concord, Local 342 Steamfitters and Plumbers, spoke regarding unsuccessfully meeting with the developer regarding family-supporting wages, employment of local workers, and apprenticeship programs; saying the union was not opposing the project.

Laurie Falabella, Livermore, spoke regarding the need for apartments in Livermore; and expressed concerns regarding building height limits over three stories and the number of units in the project.

Eric Christen, Coalition for Fair Employment in Construction, spoke in opposition to project-labor agreements and the tactics used by their proponents who wanted the project to be union only.

Dawn Argula, Livermore Valley Chamber of Commerce, spoke in support of the project.

Joe Clark, Livermore, spoke in support of the project and said there was a sense of urgency from an economic standpoint.

There were no more speakers and the hearing was closed.

CM Coomber expressed support for the project.

CM Carling expressed support for the project, saying he was sympathetic to trying to train young people into trades but wouldn't want to hamstring the developer.

In response to questions by Council, CM Roberts confirmed that taller building heights in the Downtown had been in effect since 2004.

CM Spedowfski expressed support for the project and said while he supported local and union labor, he wanted to consider local hire and apprenticeships on a citywide basis versus a project-by-project basis for equity.

VM Woerner said the project looked good and the building variation mitigated the impact of the four story building heights.

In response to questions by VM Woerner, Mr. Murray said staff had reviewed the trees listed in the project and believed they were appropriate.

Mayor Marchand spoke in support of the project and said the Council had heard from both union and non-union representatives and the common issue was local workers; they'd heard from people who built local projects and have local apprenticeships, and everyone wanted a great project.

ON THE MOTION OF CM CARLING, SECONDED BY VM WOERNER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS AND INTRODUCED THE FOLLOWING ORDINANCE:

Resolution 2018-085 adopting a Mitigated Negative Declaration and Certifying the environmental document for Downtown Design Review 17-012, Tentative Parcel Map 10757, Development Agreement 18-002, Certificate Of Appropriateness 17-019, and Tree Removal 17-006.

Resolution 2018-086 approving Downtown Design Review (DDR 17-012), Tentative Parcel Map 10757 (SUB 17-008), Certificate of Appropriateness (COA 17-019), and Tree Removal (TREE 17-006).

Ordinance introduced approving Development Agreement (DA) 18-002 between the City of Livermore and Legacy Partners Residential LLC for the Legacy at Livermore project.

5.04 Hearing to consider a proposed Master Sign Program for the Shops at Livermore commercial development. The project includes an amendment to the Planned Development-El Charro Specific Plan-Highway Regional Commercial zoning district to incorporate the proposed sign standards.

. Location: Southeast quadrant of El Charro Road and Jack London Boulevard

. Site Area: 13 acres (11.5 development site with 1.5-acre overflow parking lot)

. Applicant: Arrow Sign Company for Livermore Investments, LLC

. Application Numbers: Planned Development 17-002 (PD17-002) and Master Sign Program 18-002 (MSP18-002)

. Public improvements: None

. Zoning: Planned Development-El Charro Specific Plan-Highway Regional Commercial (PD-ECSP-HRC)

. General Plan: Business and Commercial Park (BCP)

. Historic Status: None

. CEQA: Recommend finding the project is categorically exempt under the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15311, Accessory Structures, which exempts the construction of minor structures, including on-premise signs.

Recommendation: The Planning Commission and staff recommended the City Council:

1. Adopt a resolution approving Master Sign Program 18-002 and certifying the environmental document and instruct staff to file the Notice of Exemption with the Alameda County Clerk; and

2. Introduce an ordinance adopting Planned Development 17-002, which amends Planned Development - El Charro Specific Plan - Highway Regional Commercial to incorporate Master Sign Program 18-002 for the Shops at Livermore, subject to the attached Conditions of Approval.

Senior Planner Ben Murray and Planning Intern Jake Potter presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

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

Resolution 2018-087 approving Master Sign Program 18-002 and finding that Master Sign Program 18-002 and Planned Development 17-002 are categorically exempt from the provisions of the California Environmental Quality Act.

Ordinance introduced amending Planned Development-El Charro Specific Plan-Highway Regional Commercial. The Shops at Livermore Planned Development (PD) 17-002.

6.

MATTERS FOR CONSIDERATION

6.01 Discussion and direction regarding procedures for a City Initiated Special Parcel Tax Measure for the Bankhead Theater.

Recommendation: Staff recommended the City Council receive the report concerning the procedures for a City initiated special parcel tax measure for the Bankhead Theater, and provide direction whether to prepare a tax measure for the November 2018 election.

Mayor Marchand said when this was brought up during matters initiated, he had envisioned the measure supporting the arts where the Bankhead would benefit.

City Attorney Jason Alcala presented the staff report.

THE COUNCIL AGREED TO EXTEND THE MEETING BEYOND 11:00 PM TO CONCLUDE ITEM 6.01.

Mayor Marchand invited public comment.

Henry Huff, Livermore Valley Performing Arts Center (LVPAC), spoke regarding LVPAC's finances and opposed the ballot measure. He said the directors and staff had not been contacted regarding the proposed tax.

David Rounds, Livermore, expressed concerns regarding the parcel tax; saying LVPAC was not asking for the tax, the measure was rushed, and there was a lack of transparency in the process.

Connie Kopps, Livermore, spoke in opposition to the ballot measure.

Brent, Livermore, spoke in opposition to the tax and asked why only homeowners would bear the tax rather than including business or using funds from the host community fee.

Jacob Anderson, Livermore, spoke regarding his research into LVPAC finances and the Bankhead Theater's profitability, saying they were increasingly supported by contributions and not service revenue.

Scott Kenison, LVPAC Executive Director, spoke regarding the Bankhead Theater's finances, saying sales and fundraising were successful. He expressed appreciation for the City's partnership and said a parcel tax was not needed at this time.

Karl Wente, Livermore, spoke regarding the Bankhead's finances, saying he wanted to keep the theater thriving. He said it was not the right time for the parcel tax and he wanted transparency.

Kelly Cousins, Livermore, expressed concerns regarding proposing a parcel tax on short notice and not including the LVPAC board and staff in the process; she said the tax was divergent from the City's Arts Alive plan.

Lauri Falabella, Livermore, spoke in opposition to the parcel tax.

Mayor Marchand said the item was raised during citizen's forum at the budget workshop and the Council brought it back for consideration because everything was done in a public forum; the Council wanted to have a conversation about it.

CM Spedowfski said he was not in favor of a parcel tax on the November ballot. He spoke regarding his past involvement with special taxes and said two years of public education and outreach would be needed before going for any kind of tax measure. He expressed concerns regarding being denied the opportunity to speak before the LVPAC board on multiple occasions.

In response to questions by CM Spedowfski, Joan Seppala, President, Livermore Valley Performing Arts Center, spoke regarding collaboration between the City and LVPAC and suggested options for collaboration, such as meeting through LVPAC's government committee.

CM Coomber said the Bankhead Theater was operating in the black and there wasn't a purpose for the parcel tax. He appreciated the detailed report but the tax was not needed, saying it would burden people who did not need to be burdened. CM Carling expressed agreement with CM Coomber's comments.

VM Woerner said it was important to have the conversation regarding the tax; he spoke regarding meeting with LVPAC board members who raised concerns regarding long-term funding for the theater and meeting with LVPAC representatives for other ideas. He said he was not in favor of a parcel tax now and it would take years to get backing for one. Regarding long-term viability, he had heard from board members that it was precarious. He said funds for the Bankhead would not come from the General Fund; public funds needed to be directed by a vote, not by the City Council.

Mayor Marchand agreed with prior comments, saying the Council was not imposing anything; rather, they were having a conversation. He spoke regarding his ongoing support for Livermore's arts community and expressed concerns that Council Members were not allowed to speak to the LVPAC board. He said the City and LVPAC were partners and the City owned the Bankhead; the organization was in the black because the City had lifted a $23 million debt and the Host Community Impact Fee was currently insufficient to meet the long-term needs. He spoke regarding the importance of having the conversation with the community about funding the arts because the general fund did not have the money.

VM Woerner spoke regarding making the funding general rather than specific and coordinating with Livermore Area Recreation and Park District.

THE CITY COUNCIL RECEIVED THE REPORT; NO DIRECTION PROVIDED.

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.

None.

8.

ADJOURNMENT - at 11:35 pm in memory of Lieutenant Thomas "Toby" Kelly, to a special meeting on June 18, 2018 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore; and to a regular City Council meeting on Monday, June 25, 2018 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

SARAH BUNTING, CITY CLERK