June 25, 2018
CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor John Marchand at 6:32 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.
ROLL CALL - Present: Mayor John Marchand and Council Members Robert W. Carling, Bob Coomber, and Steven Spedowfski.
Vice Mayor Woerner 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. 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. Letter dated May 23, 2018, from Kevin Shenkman, alleging a violation of the California Voting Rights Act.
Note: This Closed Session may be continued to the end of the Regular Meeting.
CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:07 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.
1.01 ROLL CALL - Present: Mayor John Marchand and Council Members Robert W. Carling, Bob Coomber, and Steven Spedowfski.
Vice Mayor Woerner 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.
PROCLAMATIONS AND PRESENTATIONS
2.01 Presentation of the 2018 High School Senior Arts Awards.
Mayor Marchand presented individual awards to Madelyn Conner, Mikayla Koning, Maureen L'Eplattenier, Allison Murphy, and Sierra Stone.
2.02 Citizen Asset Management Program update
Community Asset Management Program Chairperson Susan Frost presented the update.
Mayor Marchand presented a proclamation declaring June as Elder Abuse Awareness Month to Cheryl Poncini, Deputy District Attorney for Alameda County, and Alicia Morales, Director of Alameda County Adult Protective Services.
Mike Kremer, Livermore, spoke regarding bee-keeping practices in Livermore.
David McGuigan, Livermore, spoke regarding issues relating to the Police Department and the City's lawsuit against a medical marijuana dispensary.
Karl Wente, Livermore, spoke regarding good government, unification of the arts community in Livermore, and the plan for Downtown Livermore.
Items 4.03 and 4.16 were removed from the Consent Calendar for separate discussion and action.
ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY CM COOMBER, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 4.03 AND 4.16.
Item 4.03 John Stein, Livermore, expressed support for the item and spoke regarding the use of larger trees in the project.
In response to questions by CM Carling, Community Development Director Paul Spence said generally the City's policy encouraged large trees; in some instances there was a requirement to allow firetrucks to access buildings with ladders. He said staff would see if any modifications were needed for the project.
Item 4.16 Robert S. Allen, Livermore, asked the City Council to withdraw the item from the agenda, saying Bay Area Rapid Transit (BART) had until June 30, 2018 to approve the BART to Livermore project.
ON THE MOTION OF CM COOMBER, SECONDED BY CM CARLING, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED ITEMS 4.03 AND 4.16.
4.01 Approval of minutes - June 11, 2018 regular City Council meeting.
4.02 Adoption of ordinance 2071 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 and the newly approved Bicycle, Pedestrian and Trails Active Transportation Plan Design Guidelines.
4.03 Adoption of ordinance 2073 approving Development Agreement (DA) 18-002 with Legacy Partners Residential LLC for the Legacy at Livermore Project.
4.04 Adoption of ordinance 2072 amending Planned Development - El Charro Specific Plan - Highway Regional Commercial to incorporate Master Sign Program 18-002 for The Shops at Livermore, Planned Development 17-002.
4.05 Resolution 2018-090 authorizing issuance of a purchase order with L.N. Curtis & Sons, in an amount not to exceed $335,000, for purchase of materials and supplies in support of daily operations for the Livermore-Pleasanton Fire Department Joint Powers Authority for Fiscal Year 2018-19.
4.06 Resolution 2018-091 authorizing execution of an agreement with Carollo Engineers, in the amount of $485,233, for engineering services for the Water Reclamation Plant Phase II Aeration Basin Modifications, Project No. 2016-18; and West Jack London Boulevard Recycled Waterline, Project No. 2020-22.
4.07 Resolution 2018-092 authorizing execution of a first amendment to the Engineering Design Services Agreement with Schaaf & Wheeler, increasing the not-to-exceed amount from $400,000 to $800,000, for on-call engineering services.
4.08 Resolution 2018-093 authorizing execution of a second amendment to the Disposition, Development and Loan Agreement with MidPen Housing Corporation, for the Chestnut Square housing projects located at 1635 Chestnut Street (217 North N and 1635-1763 Chestnut Street); appropriating up to $727,726 in additional City Housing Trust Funds to MidPen Housing as financing towards the Chestnut Family development loan described in the Disposition, Development and Loan Agreement; and authorizing execution of all related documents.
4.09 Resolution 2018-094 authorizing execution of the third amendment to the Emergency Medical Services First Responder Advanced Life Support Services Agreement between the City of Livermore and the County of Alameda, extending the term to June 30, 2019 and discontinuing the County's reimbursements to the City that have offset some of the costs to provide paramedic services.
4.10 Resolution 2018-095 appropriating up to $119,140 of City Affordable Housing Trust Funds to Tri Valley BMR, LLC, for additional predevelopment and acquisition expenses for the property located at 460 N. Livermore Avenue; and authorizing execution of the first amendment to the Predevelopment Loan Agreement.
4.11 Resolution 2018-096 re-allocating appropriation in the amount of $300,000 from the 2018 Street Resurfacing, Project No. 2018-01 to the 2018 Slurry Seal, Project No. 2018-04 in Gas Tax Funds for Fiscal Year 2018-19; and appropriating $72,000 in Water Resources Replacement Funds - Capital Outlay to the 2018 Slurry Seal, Project No. 2018-04 in Fiscal Year 2018-19; and authorizing execution of an agreement with Telfer Pavement Technologies, LLC, in the amount of $1,481,485, for the 2018 Slurry Seal, Project No. 2018-04.
4.12 Resolution 2018-097 authorizing issuance of purchase order with Altec Industries, in an amount not to exceed $144,657, for purchase of a replacement articulating telescopic aerial lift truck through an authorized cooperative purchasing program.
4.13 Resolution 2018-098 approving the Term Sheet between Livermore Area Recreation and Park District (LARPD) and City of Livermore, for LARPD/City facility exchange and maintenance; and authorizing the City Manager to enter into the agreements to implement the term sheet: Sale of BARN and Lease of Underlying Property from City to LARPD (subject to approval of Trustee; Public roadway easement from LARPD to City for Robertson Park Road; First Amendment to Joint Use Agreement Livermore Maintenance Service Center such that City will assume all maintenance and repair responsibilities of Robertson Park Road; First Amendment to Master Property Agreement such that LARPD will assume ownership and maintenance of the BARN and maintenance of an additional approximate 3.1 miles of trails along the Arroyo Mocho; and execution of other documents necessary to implement the Term Sheet.
4.14 Resolution 2018-099 authorizing execution of a Side Letter Agreement between the City of Livermore and the Livermore Police Officers' Association for the provision of premium pay for an officer canine assignment for the term of July 9, 2018 through June 30, 2021.
4.15 Resolution 2018-100 adopting the City of Livermore Salary Plan as of July 9, 2018, in accordance with California Code of Regulations, Title 2, Section 570.5.
4.16 Resolution 2018-101 rescinding Resolution Nos. 2018-064, 2018-065, and 2018-066 due to the failure by the BART Board to approve a conventional (full) BART Extension to Isabel Avenue in Livermore.
5.01 Hearing to confirm the annual levy of assessments for the City's Landscape Maintenance Districts for Fiscal Year 2018-19.
Recommendation: Staff recommended the City Council adopt a resolution confirming the annual levy of assessments for the City's Landscape Maintenance Districts for Fiscal Year 2018-19, the increased assessment and enduring cap formula in Orchard Business Park (LMD 1995-1), and directing actions with respect thereto.
Management Analyst Anthony Smith 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 CM CARLING AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2018-102 confirming the annual levy of assessments for Landscape Maintenance Districts for Fiscal Year 2017-18 and the increased assessments and enduring cap formula for Orchard Business Park (LMD 1995-1), and directing actions with respect thereto.
MATTERS FOR CONSIDERATION
6.01 Selection of voting delegate and alternate(s) for League of California Cities Annual Conference.
Recommendation: Staff recommended the City Council designate a voting delegate and alternate(s).
ON THE MOTION OF MAYOR MARCHAND, SECONDED BY CM COOMBER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPOINTED COUNCIL MEMBER CARLING AS VOTING DELEGATE AND MAYOR MARCHAND AS ALTERNATE VOTING DELEGATE.
6.02 Appointment of Council Members to the City Council Subcommittee to conduct Advisory Body interviews from July 1 - December 31, 2018, 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.
MAYOR MARCHAND APPOINTED CM COOMBER AND CM SPEDOWFSKI TO THE CITY COUNCIL SUBCOMMITTEE FOR ADVISORY BODIES FROM JULY 1 - DECEMBER 31, 2018.
MAYOR MARCHAND REORDERED THE AGENDA TO HEAR ITEM 6.04 BEFORE ITEM 6.03.
6.03 Discussion and direction regarding asset management for sidewalks.
Recommendation: Staff recommended the City Council:
1. Adopt a resolution discontinuing both the City subsidy of private sidewalk repairs and the practice of the City completing repairs on behalf of private property owners; and
2. Direct staff to draft an ordinance clarifying that liability for defective sidewalk rests with property owners consistent with the California Streets and Highways Code.
City Manager Marc Roberts introduced the item. Management Analyst Anthony Smith presented the staff report.
The City Council discussed the impact of trees on sidewalks; concerns were expressed regarding trees planted by the City or small tree boxes that had been approved by the City. Mr. Roberts said standards had changed over time and staff was trying to make it easier to replace trees while minimizing conflicts with sidewalks and curbs.
In response to questions by CM Spedowfski, Public Works Director Darren Greenwood said sidewalks did not benefit from economy of scale when repaired by the City. He said for high-traffic areas, the City would focus on enforcement, notification, and possibly a program where after repeated notices, the City might fix the sidewalk.
CM Spedowfski said he did not support correcting the sidewalk at the time of sale.
In response to questions by CM Coomber, Mr. Smith said the review period for tree permits was between 30-45 days and staff was looking at options to minimize that. Mr. Greenwood said the delay was usually needing to have a staff person inspect and verify the conditions in the field. He said staff was committing to providing more flexibility and making the process easier. CM Spedowfski suggested skipping the step of having to appeal tree removal permits to the Beautification Committee when there was structural damage to property.
Mayor Marchand invited public comment.
Brent Siler, Livermore, spoke regarding homeowner's and the City's shared liability for sidewalks, suggesting that the City consider ways to reduce costs and look at innovative technologies for repairs.
Mary Anne Rozsa, Livermore, spoke regarding negative consequences that could arise if the sidewalk repair program was tied to a home's point of sale.
David Stark, Pleasanton, said the policy was a good start but more public outreach was needed. He suggested identifying the most offending areas and considering different materials and strategies.
Dorothy Broderson, spoke regarding her experience as a realtor, saying it was difficult to get contractors to bid on sidewalk repair jobs. She suggested shaving sidewalks for a cheaper fix.
John Stein, Livermore, spoke regarding the importance of trees in the community and suggested ways of reducing interference between sidewalks and trees.
There were no further public speakers.
In response to questions by CM Spedowfski, Mr. Greenwood said staff proposed to annually solicit contractors to establish a list and could consider dropping non-responsive contractors from the list.
CM Spedowfski spoke regarding his experience with the sidewalk repair program in his neighborhood, saying the system was failing. He expressed support for grandfathering existing people on the list into the program and increased public outreach; he said he was open to exploring a one-time fix to address the worst areas.
CM Carling suggested strong public outreach and expressed concerns regarding properties with backing lot sidewalks. Mr. Roberts said a one-time fix of backing lot sidewalks was estimated to cost $1.5 million; staff could bring information back to the Council.
CM Coomber suggested an expedited permitting process for tree removal and supported outreach efforts and also using newer technologies for the repairs. Mr. Smith confirmed the City was incorporating horizontal planing into the sidewalk repair program.
Mayor Marchand said root barriers were now required which would help reduce sidewalk issues and the City would be looking at innovative technologies; he agreed with a robust educational effort and expressed support for considering a one-time repair.
ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY CM CARLING AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION AND DIRECTED STAFF TO PREPARE AN ORDINANCE CLARIFYING THAT LIABILITY FOR DEFECTIVE SIDEWALKS RESTS WITH PROPERTY OWNERS CONSISTENT WITH THE CALIFORNIA STREETS AND HIGHWAYS CODE, INCLUDING A PUBLIC OUTREACH EFFORT AND A COST ESTIMATE FOR REPAIRING THE WORST BACKING LOT AREAS.
Resolution 2018-105 adopting a sidewalk repair program.
6.04 Certification of Petition: Local Regulation of Health Care Service Costs.
Recommendation: Staff recommends the City Council adopt a resolution accepting the City Clerk's certification of sufficiency of signatures on the Local Regulation of Health Care Service Costs initiative petition.
Staff also recommends the City Council take one of the following actions as provided by the Elections Code:
A. Adopt the measure, without alteration;
B. Adopt a resolution placing the measure, without alteration, on the ballot, requesting that the Registrar of Voters conduct the election, and establishing dates for ballot measure arguments and rebuttals (July 9, 2018 for primary arguments and July 19, 2018 for rebuttal arguments); or
C. Adopt a resolution directing the preparation of an information report in accordance with section 9212 of the Elections Code and appropriating $100,000 from the General Fund for preparation of the report.
City Attorney Jason Alcala introduced the item.
In response to questions by CM Carling, Mr. Alcala said the City Attorney's impartial analysis of the measure would be included in the voter guide; he confirmed the Section 9212 report could be made available on the City's website. He spoke regarding the impacts of the measure on the City's operations; including funding, creating a division within the Community Development Department, and reviewing of all medical bills.
CM Coomber said he was flabbergasted by the item; he spoke regarding potential HIPPA violations and said the initiative was poorly written to the point of unintelligibility.
In response to questions by CM Spedowfski, Mr. Alcala confirmed the City could not modify the petition itself, but could modify the proposed initiative question that would appear on the ballot.
Mayor Marchand invited public comment.
Brent Siler, Livermore, expressed opposition to the initiative, saying the union was trying to use the ballot box to set their agenda; he suggested joining with Emeryville to oppose the measure.
John Sensiba, Innovation Tri-Valley, expressed opposition to the initiative, saying the measure was an attack on local health care and small business. He supported an information report on the measure.
Dale Kaye, Innovation Tri-Valley, expressed concerns regarding the initiative, saying it was misleading and would not address affordability. She supported an information report on the measure.
Dr. Darcy Baird, Alameda-Contra Costa County Medical Association, expressed opposition to the initiative and spoke regarding the impacts on the medical community.
Rebecca Rozen, Hospital Council in the East Bay, spoke in opposition to the initiative, saying it would increase costs. She supported an information report on the measure.
Linda Cornell spoke regarding her experiences as a Stanford employee, including declining patient care and penalties incurred for high infection rates.
Olga Hurtado spoke regarding her experiences as a Stanford employee and supported the initiative.
Veronica Lowery expressed support for the initiative, saying the people of Livermore agreed with it.
Dr. Sharon Mowat, Physician in Chief, Kaiser Permanent Diablo Service Area, spoke in opposition to the initiative, saying it was misguided.
Ashley Georgian, Director of Government Affairs for John Muir Health, expressed opposition to the initiative, saying health care providers would be pushed to outside communities.
Diane Frazier, ValleyCare Auxiliary, Livermore, expressed opposition to the initiative, saying it was against the best interest of the City.
Lindsey Dicks, Medical Group Administrator for Kaiser in the Diablo Area, spoke in opposition to the initiative, said it did nothing to improve access, patient safety, quality of care, or affordability.
Curt Kirschner, Jones Day Law Firm, representing Stanford ValleyCare, spoke in opposition to the initiative, saying it was an unconstitutional encroachment on federal and state laws governing provision of health care and the measure would be challenged in court. He supported an information report on the measure.
Bill Rhodes, SEIU UHW, expressed support for the initiative and responded to earlier comments regarding constitutionality, enforcement costs, and healthcare providers leaving Livermore or reducing services.
Doug Jones, Livermore, expressed support for the initiative and spoke regarding Stanford Healthcare's profitability and ranking in quality measurements; he said Stanford Healthcare was gouging the public with pricing.
Dawn Argula, CEO, Livermore Valley Chamber of Commerce, spoke in opposition to the initiative and supported an information report.
Scott Gregerson, Stanford Health Care - ValleyCare, spoke in opposition to the initiative, saying it was a reallocation of resources within the health care industry and would have no effect on costs.
There were no more speakers.
In response to questions by CM Spedowfski, Mr. Alcala said the costs for an information report were estimated at $25,000; City Clerk Sarah Bunting confirmed that adding the petition to the November ballot was estimated to increase election costs by $12,000-$15,000 for printing and translation.
CM Spedowfski suggested ordering the 9212 information report.
ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY CM COOMBER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:
Resolution 2018-103 accepting certification of the City Clerk as to the sufficiency of signatures on the local regulation of Health Care Service Costs Initiative petition.
Resolution 2018-104 ordering a report pursuant to California Elections Code Section 9212 concerning the potential fiscal impacts, impacts on the community's ability to attract and retain business and employment, and impacts on the community's ability to access healthcare in Livermore of a proposed initiative regarding local regulation of health care service costs, and authorizing the appropriation of $100,000 from the City's general fund reserves.
CITY COUNCIL RECESSED FROM 8:39 PM - 8:45 PM.
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.
Livermore-Amador Valley Transit Authority CM Coomber spoke regarding his attendance at LAVTA board meetings and finance subcommittee meetings, highlighting a bus stop east of town that incorporated artwork of middle school students.
Livermore Rodeo Parade CM Coomber said he attended the Rodeo Parade on June 9, 2018.
Stopwaste.org CM Carling said he had attended several Stopwaste.org meetings since his last report.
Advisory Body Interviews CM Carling said he conducted interviews for advisory body members on June 21, 2018.
Sculpture Dedication CM Carling reported his attendance at a sculpture dedication in May.
Key to the City CM Carling said he attended the local government academy graduation ceremony on May 15, 2018.
Stockmen's Park Groundbreaking Ceremony CM Carling reported his attendance at the groundbreaking ceremony on May 19, 2018.
CM Carling requested and received consensus from the Council to receive information from staff regarding participation in the Bay-Friendly Rated Landscapes certification program.
Livermore Rodeo Parade CM Spedowfski said he attended the Rodeo Parade on June 9, 2018.
Alameda-San Joaquin Regional Rail Working Group CM Spedowfski said he attended the meeting on June 13, 2018. He said the new service would be named Valley Link.
Livermore-Amador Valley Transit Authority (LAVTA) CM Spedowfski said on June 4, 2018 he attended the board meeting; and on June 25, 2018 he attended the projects and services meeting, reporting that an autonomous vehicle program would start service in Dublin.
Community Choice Energy CM Spedowfski said he attended the meeting on June 20, 2018. He reported that the program was rolling out to businesses with a very low opt-out rate.
The City Council directed staff to prepare a memorandum providing an inventory of policies with outdated references to BART, such as the General Plan, CIP projects, and land that was zoned to support BART to Livermore.
Alameda County Mayor's Conference Mayor Marchand said he attended the conference on June 13, 2018 where there was an update from the League of California Cities and Piedmont's city report.
Local Agency Formation Commission (LAFCo) Mayor Marchand said he attended the budget and policy committee on June 14, 2018.
Oversight Board Mayor Marchand said on June 20, 2018 he attended the final meeting of the Oversight Board to the Livermore Successor Agency.
Veterans Affairs (VA) Town Hall Meeting Mayor Marchand said on June 21, 2018 he attended the town hall meeting where there was discussion regarding closing the VA hospital; he said the congressional delegation was in favor of keeping the facility open or in service to veterans.
80th Birthday Celebration Mayor Marchand said on June 23, 2018 he participated in the 80th birthday celebration for pilot Barry Schiff at the Livermore Airport.
Centennial Birthday Mayor Marchand said on June 23, 2018 he attended the centennial birthday celebration for Livermore resident Mary Benitez.
ADJOURNMENT - at 10:06 pm to a regular City Council meeting on Monday, July 9, 2018 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.
JOHN P. MARCHAND, MAYOR
SARAH BUNTING, CITY CLERK