PLEDGE OF ALLEGIANCE

PROCLAMATIONS AND PRESENTATIONS

CITIZENS FORUM

CONSENT CALENDAR

PUBLIC HEARINGS

MATTERS FOR CONSIDERATION

ADJOURNMENT

June 13, 2016

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REGULAR MEETING

1. CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:03 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

2. PROCLAMATIONS AND PRESENTATIONS

2.01 Confirmation of appointments to the Community Asset Management Program committee and administration of the oath of office.

ON THE MOTION OF CM WOERNER, SECONDED BY CM SPEDOWFSKI AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS.

City Clerk Susan Neer administered the oath of office to Regina Bonanno, Bob Dashner, Jan Evans, Paul Foster, Gordon Jones, Jennifer Wirowek, and Jennifer Yeamans.

3. CITIZENS FORUM

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

Anthony Rangel, Livermore, spoke regarding medicinal cannabis.

John Stein, Livermore, spoke regarding the Downtown catalyst site.

Connie Kopps, Livermore, spoke regarding the North Livermore Plan, Springtown, the General Plan, and a fundraiser.

Betty Murillo, Livermore, spoke regarding her personal history in Livermore.

Ann King, Tri-Valley Haven, spoke regarding "Feed Tri-Valley".

4. CONSENT CALENDAR

Item 4.11 was removed from the Consent Calendar for separate discussion and action.

ON THE MOTION OF VM GARY, SECONDED BY CM WOERNER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED ITEMS 4.01 THROUGH 4.10 ON THE CONSENT CALENDAR.

4.01 Approval of Minutes - May 16, 2016 budget workshop and May 23, 2016 regular City Council meeting.

4.02 Resolution 2016-055 calling for and giving notice of the holding of a General Municipal Election on Tuesday, November 8, 2016 for the election of certain officers of the City.

4.03 Resolution 2016-056 authorizing execution of an agreement for goods and services with Terracare Associates, LP, in the amount of $510,522, for maintenance of native vegetation at various mitigation sites.

4.04 Resolution 2016-057 approving Final Tract Map (Tract 7900 - Gardella Gardens) and authorizing execution of the Subdivision Improvement Agreement; and rejecting the Public Utility Easement and Emergency Vehicle Access Easement reserving the right to accept the offer at a future date.

4.05 Resolution 2016-058 accepting for permanent maintenance and releasing of security for the Rincon Library, Civic Center Library, and Police Station Roof Repairs, Project No. 2016-21, 2014-26, and 2015-17.

4.06 Resolution 2016-059 establishing the Appropriations Limit for Fiscal Year 2016-17.

4.07 Resolution 2016-060 approving the updated Fund Balance Policy.

4.08 Resolution 2016-061 approving the updated Investment Policy.

4.09 Resolution 2016-062 approving updates to the Two-Year Financial Plan for Fiscal Years 2015-16 and 2016-17.

4.10 Resolution 2016-063 adopting salary plans as of July 2013, July 2014, July 2015, and July 2016 in accordance with California Code of Regulation, Title 2 Section 270.5.

ITEM 4.11 WAS CONSIDERED SEPARATELY.

4.11 Resolution of the Livermore Successor Agency approving issuance of Refunding Bonds in order to refund certain outstanding bonds of the dissolved Redevelopment Agency of the City of Livermore; approving the execution and delivery of an indenture of trust, a first supplement to indenture of trust, and approval of the issuance of the Refunding Bonds; requesting certain determinations by the Oversight Board; and providing for other matters properly relating thereto.

Accountant Erik Petersen presented the staff report.

ON THE MOTION OF AGENCY MEMBER TURNER, SECONDED BY AGENCY MEMBER SPEDOWFSKI AND CARRIED ON A 5-0 VOTE, THE LIVERMORE SUCCESSOR AGENCY ADOPTED THE RESOLUTION.

Resolution LSA 2016-01 of the Livermore Successor Agency approving issuance of Refunding Bonds in order to refund certain outstanding bonds of the dissolved Redevelopment Agency of the City of Livermore; approving the execution and delivery of an indenture of trust, a first supplement to indenture of trust, and approval of the issuance of the Refunding Bonds; requesting certain determinations by the Oversight Board; and providing for other matters properly relating thereto.

5. PUBLIC HEARINGS

5.01 Hearing to consider a proposal to subdivide a 5 acre site and construct 10 new single-family homes on a new cul-de-sac street. The project proposes to remove the existing single-family home, accessory buildings, and vegetation, extend utilities to the site, and complete Lomitas Avenue, including new curb, gutter, and sidewalk along the site frontage.

  • Location: 1591 Lomitas Avenue
  • Site Area: 5 acres
  • Applicant: Ponderosa Homes
  • Application Numbers: Subdivision 15-007 (Vesting Tentative Tract Map 8290), Housing Implementation Program 15-001, and Site Plan Design Review 15-022
  • Public improvements: extension of utilities, including sewer, water, storm drainage, landscaping, lighting, streets, sidewalk, curb, and gutter; completing road widening along the project frontage; underground overhead utilities, and extending public sidewalks and street frontage landscaping.
  • Zoning: Suburban Residential (RS)
  • General Plan: Urban Low-2 (UL-2) Residential (allowed density range: 1.5 to 2 units per acre)
  • Historic Status: None
  • CEQA: A Mitigated Negative Declaration under the provisions of the California Environmental Quality Act (CEQA) will be considered. Recommendation: The Planning Commission and staff recommended the City Council adopt a resolution approving Vesting Tentative Tract Map 8290 (Subdivision 15-007), Housing Implementation Program 15-001, and Site Plan Design Review 15-022, to subdivide land and construct ten single family homes adjacent to Lomitas Avenue, and adopting the project Mitigated Negative Declaration.

    Senior Planner Benjamin Murray presented the staff report.

    In response to questions by CM Turner, Mr. Murray said the two moderate water use trees had been replaced with drought tolerant trees as noted in the conditions of approval.

    Mayor Marchand opened the public hearing.

    Steven Delledera, Livermore, requested a full CEQA conservation plan study for the neighborhood. He referred to his letter that was included in the staff report as Attachment 8.

    There were no more speakers and the hearing was closed.

    In response to questions by Mayor Marchand, City Manager Marc Roberts said a CEQA analysis had been completed through an initial study which relied upon a biological assessment of the site. Staff had determined the analysis was thorough and complete and recommended the mitigated negative declaration.

    In response to questions by VM Gary, Mr. Roberts said the Lomitas area was in the General Plan and zoned as a unit in the 1980s. He said the zoning and density were confirmed in the 2003 General Plan update; the project was consistent with the General Plan.

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

    Resolution 2016-064 approving Vesting Tentative Tract Map 8290 (Subdivision 15-007), Housing Implementation Program 15-001, and Site Plan Design Review 15-022, to subdivide land and construct 10 single family homes adjacent to Lomitas Avenue, and adopting the projected mitigated negative declaration.

    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 Twenty Six Million Dollars ($26,000,000). The proceeds of the Obligations will be used to assist in the financing of the acquisition and rehabilitation of 70 units of multifamily rental housing located at 5896 East Avenue, Livermore, California and known as Stoney Creek Apartments. All or a portion of the units in the Project will be occupied by persons or families of lower or very low income.

    Recommendation: Staff recommended the City Council conduct the public hearing and adopt a resolution:

    1. Declaring an official intent to reimburse certain expenditures from proceeds of Qualified Residential Rental Obligations,

    2. Authorizing an application to the California Debt Limit Allocation Committee to permit the issuance of such Obligations, and

    3. Approving the issuance of Qualified Residential Rental Project Obligations in accordance with Section 147(f) of the Internal Revenue Code, in an amount not to exceed, $26,000,000, for the purpose of acquiring and rehabilitating the Stoney Creek Apartments.

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

    Mayor Marchand opened the public hearing.

    Joanna Carman, Eden Housing, spoke regarding Eden Housing and the need for major capital repairs of the Stoney Creek Apartments.

    There were no more speakers and the hearing was closed.

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

    Resolution 2016-065 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 the 2015 Urban Water Management Plan, Water Use Reduction Plan, and Water Shortage Contingency Plan.

    Recommendation: Staff recommended the City Council adopt a resolution approving the 2015 Urban Water Management Plan Update for the Livermore Municipal Water system.

    Water Resources Division Manager Helen Ling presented the staff report.

    Mayor Marchand opened the public hearing.

    Connie Kopps, Livermore, spoke regarding confusion between the two water districts in Livermore and the discrepancy on water delivery to the Springtown Golf Course.

    Mayor Marchand said the two water providers were Cal Water and the City of Livermore; Zone 7 was the water wholesaler. He stated there were no water lines to the Springtown Golf Course; a water connection would cost approximately $600,000.

    In response to questions by Mayor Marchand, Public Works Director Darren Greenwood said the Urban Water Management Plan Update did not identify specific plans because there were no planned projects. The Plan referred to the amount of available land in Springtown. He said currently there were 168 acres of vacant/unused land that could be designated.

    John Stein, Livermore, spoke regarding the long term effect of salt balance from the use of recycled water for irrigation, the peripheral pipeline that could possibly destroy the entire ecology in the Delta, and consideration of the long term water supply prior to the issue of building permits.

    There were no speakers and the hearing was closed.

    In response to questions by Mayor Marchand, Mr. Greenwood said Stages 3 and 4 of the storage contingency plans determined where quantities were assigned. He said Stage 2 was the highest the City had gone.

    In response to questions by CM Spedowfski, Mr. Greenwood said the recycled water use area was close to the water treatment plant, the airport and the Las Positas College areas. CM Spedowfski said long term use of recycled water actually killed redwood trees.

    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 2016-066 approving the 2015 Urban Water Management Plan update for the Livermore Municipal Water system.

    6. MATTERS FOR CONSIDERATION

    6.01 Appointment of Council Members to the City Council Subcommittee to conduct Advisory Body interviews from July 1 - December 31, 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.

    CM WOERNER AND CM SPEDOWFSKI WERE APPOINTED TO SERVE ON THE CITY COUNCIL SUBCOMMITTEE FOR ADVISORY BODIES.

    6.02 Discussion and direction regarding the master planning process, open space ballot language, and open space use guidelines for the Springtown Golf Course property.

    Recommendation: Staff recommended the City Council:

    1. Direct staff to implement a permanent closure of the Springtown Golf Course and terminate the City's lease of the Springtown Association's clubhouse facility;

    2. Adopt a resolution authorizing the City Manager to negotiate and execute an agreement with the Livermore Area Recreation and Park District (LARPD) for the master planning process for the Springtown Golf Course, whereby the Park District retains a consultant to be funded by the City in an amount not to exceed $250,000;

    3. Adopt a resolution establishing interim use guidelines for the Springtown Golf Course;

    4. Direct staff to create a separate parcel for the Springtown Library; and

    5. Provide direction regarding the proposed ballot language to affirm and readopt the open space designations in the 2003-2015 General Plan for the Springtown Golf Course.

    Public Works Director Darren Greenwood and City Attorney Jason Alcala presented the staff report.

    CM Woerner expressed concerns regarding amplified music.

    VM Gary suggested there be no amplified music or commercial use allowed. He requested staff to explore a dedicated hotline strictly for the backing lot homeowners to use for maintenance related issues.

    In response to questions by VM Gary, City Manager Marc Roberts said the mid-term licenses to public property were very difficult to rescind; the backyard fencing extensions could be discussed as part of the master planning process.

    CM Turner requested public outreach for the residents to clearly understand the rules of operations in addition to providing effective signage.

    In response to questions by CM Spedowfski, Mr. Greenwood said the golf course irrigation system fed water to the pond. He said the pond was being watered using the fire hydrant. He said staff was exploring possible enhancements to make improvements to the pond. He said the pond was overloaded organically and requested residents to stop feeding the wildlife as it was detrimental to their health.

    Mayor Marchand invited public comment.

    Gail Travers, Livermore, spoke in support of the open space ballot measure and requested the Council adopt an ordinance for enforceable use guidelines for the Springtown Golf Course.

    In response to questions by Mayor Marchand, Mr. Greenwood said community outreach would come from LARPD and the consultant.

    Jason Cain, Livermore, spoke regarding a variety of items pertaining to the Springtown Golf Course and the pond.

    Betty Murillo, Livermore, spoke regarding off-leash dogs at the Springtown Golf Course and requested the Council adopt an ordinance for enforceable use guidelines for the Springtown Golf Course.

    John Stein, Livermore, questioned the management of the open space, expansion of the Springtown Library, the pond, and a third high school in the northeastern portion of the City.

    Stacy Swanson, spoke in support of permanent open space, requested the Council adopt an ordinance for enforceable use guidelines for the Springtown Golf Course, and fencing as the homeowners responsibility and not the City's.

    Tim Tikalsky, Livermore, had questions pertaining to the entire process and said no trespassing signs should be posted for the entire area but local residents should continue to have access.

    Connie Kopps, Livermore, spoke regarding boundaries, conflicts of interest, and a variety of other items pertaining to Springtown and North Livermore.

    Deborah McMenamin, Livermore, requested the Springtown Golf Course not be neglected during the master planning process and to consider expansion of the Springtown Library.

    Jeff Tikalsky, Livermore, expressed concern for his home equity during the master planning process.

    Mayor Marchand said the Springtown Golf Course currently was open space and the ballot measure, if passed, would protect the open space designation. It would take the passage of another ballot measure to change the open space designation.

    In response to questions by Mayor Marchand, City Attorney Jason Alcala said there were no issues related to property boundaries.

    In response to questions by CM Woerner, Public Works Director Darren Greenwood said there wasn't a City restriction for fences. He noted that the Springtown HOA might have restrictions.

    CM Woerner said a homeowner could install a fence if they had concerns regarding protecting their property. He said the ballot measure was to preserve the land as open space.

    In response to questions by CM Turner, City Manager Marc Roberts said City open space properties were open to the public; generally, there were no limitations to residency or neighborhood. He confirmed that no trespassing signs would apply to everyone.

    CM Spedowfski spoke regarding the false statements circulated in the community that the City was planning to develop low-income housing on that site. He said low-income housing on the site had never been a goal of the Council and was a reason why the Council was placing the matter on the ballot for voter approval. He expressed concerns over the timing of the ballot measure and possible expansion of the Springtown Library.

    Mr. Roberts said the Springtown Library building and parking area takes up less than one-third of the proposed site that was being designated for the library. He noted that the greatest portion of the library cost was not the building but the staffing. Mr. Roberts said passage of the ballot measure would preclude commercial development, residential development, and office development at the site, and would allow a range of community uses, both publically owned and taxpayer supported. He said passage of the ballot measure would not allow the sale of acreage to fund development.

    VM Gary said the City Council wanted to work with the community to make the area permanent open space. He supported starting the master planning process now and not waiting months for the election. He said community members that were using the open space could provide insight to the master planning process. He requested that staff present regular maintenance updates.

    ON THE MOTION OF CM TURNER, SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS, INCLUDING THE AMENDMENT TO THE INTERIM USE GUIDELINES FOR THE SPRINGTOWN GOLF COURSE TO INCLUDE NO AMPLIFIED MUSIC AND NO COMMERCIAL USES, AND DIRECTED STAFF TO PREPARE AN ORDINANCE TO INCLUDE ENFORCEABLE USE GUIDELINES FOR THE SPRINGTOWN GOLF COURSE.

    Resolution 2016-067 authorizing the City Manager to negotiate and execute a memorandum of understanding with the Livermore Area Recreation and Park District for the City to fund and for the District to lead a master planning process for the Springtown Golf Course.

    Resolution 2016-068 establishing interim open space use guidelines for public use of the Springtown Golf Course property.

    THE CITY COUNCIL DIRECTED STAFF TO PREPARE A MAINTENANCE PLAN UPDATE TO BE PRESENTED AT THE SAME MEETING AS THE ORDINANCE.

    VM GARY AND CM SPEDOWFSKI WERE APPOINTED AS THE SUBCOMMITTEE TO DRAFT BALLOT ARGUMENT LANGUAGE.

    THE CITY COUNCIL DIRECTED STAFF TO PREPARE THE BALLOT MEASURE FOR APPROVAL AT THE JULY 25, 2016 CITY COUNCIL MEETING, AND DIRECTED THE SUBCOMMITTEE TO PRESENT DRAFT BALLOT ARGUMENT LANGUAGE AT THE JULY 11, 2016 CITY COUNCIL 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.

    Tri-Valley Cities Council CM Spedowfski said on May 25, 2016 he attended the meeting. There was a discussion on economic strategies in the tri-valley.

    Livermorium Day CM Spedowfski said on May 26, 2016 he attended the annual Livermorium Day celebration at Mills Square Park.

    East Bay Community Choice Energy CM Spedowfski said on June 1, 2016 he attended the meeting. There was discussion on the feasibility study and the joint powers agreement.

    Livermore-Amador Valley Transit Authority (LAVTA) CM Spedowfski said on June 6, 2016 he attended the board meeting. He said the Operations Analysis was approved as amended and spoke regarding two pilot programs that would be conducted in Dublin.

    Livermore-Amador Valley Transit Authority (LAVTA) CM Spedowfski said on June 6, 2016 he was elected as Chair of the Board of LAVTA.

    BART Bond Measure CM Spedowfski said passage of the BART bond measure was a separate issue from BART to Livermore. He said it was inappropriate to request additional funding for a system that may not have been managed to its fullest extent from a community that had been contributing for many years.

    Stopwaste.org CM Turner said on May 25, 2016 she attended the monthly meeting. The Community Recycling Awards were presented and a presentation from a business that drastically reduced its waste.

    Tri-Valley City Councils CM Turner said on May 25, 2016 she attended the meeting.

    Livermorium CM Turner said on May 26, 2016 she attended the annual Livermorium Celebration at Mills Square Park.

    League of California Cities (LOCC) CM Turner said on May 26, 2016 she attended the meeting. There was an update on State of California finances.

    Wheels CM Turner said on June 2, 2016 she attended the dedication for newly decorated Wheels bus stops.

    Livermore-Amador Valley Transit Authority (LAVTA) CM Turner said on June 6, 2016 she attended the board meeting. She said LAVTA was focusing on improved speed and efficiency to improve commuting, Express direct bus service from the transit center to BART, and a new parking lot at Greenville Road.

    Livermore Rodeo CM Turner said she participated in the annual Livermore Rodeo events including the Rodeo Parade on June 11, 2016.

    Livermore Rodeo CM Woerner said on June 11, 2016 he participated in the Rodeo Parade.

    Livermore Rodeo VM Gary said on June 11, 2016 he participated in the 98th Annual Rodeo Parade.

    Key to the City Mayor Marchand said on May 24, 2016 he attended the graduation for the 2nd Annual Local Government Academy.

    Tri-Valley City Councils Mayor Marchand said on May 25, 2016 he attended the meeting.

    Livermorium Day Mayor Marchand said on May 26, 2016 he attended the annual Livermorium Day celebration at Mills Square Park.

    Circle for Change Mayor Marchand said on June 1, 2016 he attended the graduation ceremony. He said this organization provided support to families to achieve economic self-sufficiency.

    Wheels Mayor Marchand said on June 2, 2016 he attended the bus shelter art unveiling ceremony.

    Alameda County Mayors Conference Mayor Marchand said on June 8, 2016 he attended the meeting. There was an update on the activities of the San Francisco Bay Area Planning and Urban Research Association.

    East Bay Economic Development Alliance Future Planning and Strategy Session Mayor Marchand said on June 9, 2016 he attended the meeting. There was discussion on projections for the future.

    Local Agency Formation Commission (LAFCo) Mayor Marchand said on June 9, 2016 he attended a meeting of the Planning and Policy Subcommittee.

    Citizens Police Academy Mayor Marchand said on June 10, 2016 he attended the graduation ceremony for the 29th Citizens Police Academy.

    Livermore Rodeo Mayor Marchand said on June 11, 2016 he participated in the 98th Annual Rodeo Parade.

    League of Their Own Mayor Marchand said he attended the screening of the movie in support of the Little League World Series to be held in Livermore in August of 2016.

    Alameda County Transportation Commission (ACTC) Mayor Marchand said on June 13, 2016 he attended the ACTC I-580 Express Lane meeting. He said there had been over 570,000 trips made in April generating over $2 million in revenue. He also attended the Planning, Policy, and Legislative Committee meeting.

    8. ADJOURNMENT - at 9:34 pm, in memory of Lynne Stein, to a regular City Council meeting on Monday, June 27, 2016, at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

    APPROVED:
    JOHN P. MARCHAND, MAYOR

    ATTEST:
    SUSAN NEER, CITY CLERK

    The above are brief summary minutes of the June 13, 2016 City Council meeting. A complete recording of the meeting is available at the City Clerk's Office and at the following web site: www.cityoflivermore.net/citygov/clerk/archive/default.htm