July 11, 2016
1. CALL TO ORDER - The meeting of the City Council was called to order by Mayor John Marchand at 7:00 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.
1.01 ROLL CALL - Present: Mayor John Marchand, Vice Mayor Stewart Gary, and Council Members Steven Spedowfski and Bob Woerner. Mayor Marchand announced that CM Turner was unable to participate by video conference and was absent/excused.
1.02 PLEDGE OF ALLEGIANCE
2. PROCLAMATIONS AND PRESENTATIONS
2.01 Proclamation declaring July 31 - August 7, 2016 as Play Ball Week in Livermore.
Mayor Marchand presented a proclamation to Bill Aboumrad and David Wetmore declaring July 31 - August 7, 2016 as Play Ball Week in Livermore.
3. CITIZENS FORUM
Connie Kopps, Livermore, spoke regarding vector control and land use issues in the Springtown area.
David McGuigan, Livermore, spoke regarding his arrest by the Livermore Police Department.
John Stein, Livermore, spoke regarding proposed zoning between the railroad tracks and First Street and the questioned the purpose for the upcoming downtown development community workshop.
In response to questions by Mayor Marchand, Community and Economic Development Director Stephan Kiefer clarified that the purpose of the July 14, 2016 community workshop was to obtain community feedback and refine the proposed plan for the downtown development.
4. CONSENT CALENDAR
ON THE MOTION OF VM GARY, SECONDED BY CM WOERNER, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
4.01 Approval of Minutes - June 27, 2016 regular City Council meeting.
4.02 Adoption of Ordinance 2038 establishing development standards for Planned Development - Residential District 15-001 and amending the Zoning District Map of the City of Livermore, and approving a development agreement between the City of Livermore and Signature Homes to subdivide land and construct 49 single-family homes adjacent to Central Avenue.
4.03 Resolution 2016-081 approving allocation of Tourism and Special Event Grant Program funds in the amount of $5,000, for July 1, 2016 - June 15, 2017.
4.04 Resolution 2016-082 appropriating $227,000 in gas tax funds to the Safe Routes to School Project, and authorizing execution of an agreement with FBD Vanguard Construction, Inc., in the amount of $438,603, for construction of the Safe Routes to School Project No. 2015-29.
4.05 Resolution 2016-083 authorizing the budgeted expenditure of $173,443 for local cable programming services and City Council and special meeting video services by the Tri-Valley Community Television (TVCTV) for Fiscal Year 2016-2017.
4.06 Resolution 2016-084 adopting a revised Salary Plan in accordance with California Code of Regulations, Title 2, Section 570.5 and to incorporate organizational restructuring and amendments effective July 11, 2016.
4.07 Resolution 2016-085 authorizing a cost-based rate review to comprehensively evaluate Livermore Sanitation, Inc.'s financial data to ensure the Livermore community is receiving the best services for the lowest prices.
5. PUBLIC HEARINGS
5.01 Hearing to consider various actions to pre-zone and annex the approximately 9.34-acre Pleasant View Lane Neighborhood and form an Assessment District to provide sewer service and construct roadway improvements along Arroyo Road and Pleasant View Lane.
Recommendation: Staff recommended the City Council continue the item to July 25, 2016.
THE CITY COUNCIL CONTINUED THE ITEM TO A DATE TO BE DETERMINED.
5.02 Hearing to consider protests related to the non-payment of solid waste, recycling, and organics handling services provided by Livermore Sanitation for collection on the County Assessor tax roll.
Recommendation: Staff recommended the City Council receive protests and consider adopting a resolution overruling objections and protests to delinquent service fees and confirming the 2016 lien assessments; and direct staff to forward a finalized copy of the assessment report to the County Tax Assessor.
Recycling Specialist Marisa Gan presented the staff report.
In response to questions by CM Spedowfski, City Attorney Jason Alcala clarified that the liens would be paid with annual property taxes.
Mayor Marchand opened the public hearing.
There were no speakers and the hearing was closed.
ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY CM WOERNER, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2016-086 considering and overruling objections and protests to delinquent service fees and confirming assessments - Livermore Sanitation accounts.
5.03 Hearing to consider the Annual Progress Report, which tracks the City's progress in implementing the Housing Element of the General Plan, pursuant to Government Code Section 65400.
. Location: Citywide
. Applicant: City of Livermore
. On-site and off-site public improvements: None
. Site Area: Citywide
. Zoning: Various
. General Plan: Various
. Historic Status: None
. CEQA: NA
. Application Number: Project Tracking (PT) 16-002
Recommendation: Staff recommended the City Council review and accept the Housing Element Annual Progress Report for 2015.
Associate Planner Lori Parks presented the staff report.
In response to questions by CM Woerner, City Manager Marc Roberts reviewed the requirements of state law, saying the City was in compliance and the housing element was certified.
Mayor Marchand said the City was required to zone and ensure that there was sufficient land available, but was not required to build the housing.
Mayor Marchand opened the public hearing.
Andrew Barker, Livermore, spoke regarding the community's need for additional affordable housing.
Connie Kopps, Livermore, spoke regarding housing needs in Livermore.
There were no more speakers and the hearing was closed.
Mayor Marchand said low, very low, or extremely low housing required significant subsidy and although the City had limited funding, it took the issue seriously and worked to maximize Livermore's affordable housing. He said the Urban Growth Boundary was created by a citizen initiative to support infill development rather than urban sprawl; the City could not build outside the Boundary unless the issue was voted to do so by the community.
In response to questions by CM Spedowfski, Community and Economic Development Department Director Stephan Kiefer said affordable housing unit numbers would increase in 2017 due to a number of projects currently underway.
CM Spedowfski spoke regarding the high cost of living in Livermore and said the City was developing creative partnerships with other agencies. He said the affordable housing fund continued to grow and the City was trying to find ways to maximize the money with grants and nonprofit organizations; he was encouraged by upcoming projects and partnerships.
City Manager Marc Roberts provided background and context surrounding affordable housing in Livermore, saying the purpose of the annual report was to put information in front of the City Council. He spoke regarding Livermore's existing affordable housing units, inclusionary program and fee, and the history of staffing dedicated to affordable housing. He said it generally took between 3-5 years to cobble resources for an affordable housing program, which was not generally funded by the City, and it took longer to bring affordable housing online. He spoke regarding the loss of redevelopment as a funding source.
In response to questions by CM Woerner, Mr. Roberts said creating an affordable housing unit, even with other programs, would require a subsidy between $100,000-$200,000 per unit.
CM Woerner said if the City were to build 100 or 200 units per year, the annual cost would be up to $40 million. He said the City was zoning for affordable housing, setting the conditions, and collecting funds so housing could be built. He said the problem was not easy to solve and required a tremendous amount of money.
VM Gary expressed appreciation for Mr. Robert's background on the issue and suggested providing similar information online and with future standalone reports. He spoke regarding the City's leadership in the Tri-Valley given the zoning and programs in place. He said local taxpayers did not solely fund inclusionary housing; rather, partnerships with nonprofits, state and federal dollars, and developer contributions were needed. He said once the City reached its general plan buildout, Livermore would stand tall for continuing to be a diverse cosmopolitan community that had done its best to meet everyone's needs.
Mayor Marchand spoke regarding the tradeoffs between housing density and affordability, saying with the high price of land, density needed to be increased to make housing affordable.
THE CITY COUNCIL ACCEPTED THE REPORT.
6. 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) for the annual conference.
MAYOR MARCHAND WAS APPOINTED AS VOTING DELEGATE; ALTERNATE VOTING DELEGATE TO BE DETERMINED AT THE JULY 25, 2016 MEETING.
6.02 Discussion and direction regarding primary argument for ballot measure for the November 8, 2016
Recommendation: Staff recommended the City Council provide direction.
The City Council discussed changes to the primary argument for the ballot measure.
Mayor Marchand suggested replacing the words "It has never been the intention." with "It is not the intention."
CM Woerner spoke regarding condensing the paragraphs, saying that the third paragraph was the most important; he suggested reordering the paragraphs to place the third paragraph at the beginning of the argument as the first paragraph.
VM Gary supported moving the third paragraph to the first, leaving the other paragraphs the same with the Mayor's suggested change, which would keep the history and background to develop the full argument.
Mayor Marchand invited public comment.
Connie Kopps, Livermore, expressed opposition to the ballot measure and questioned the motivation behind it.
In response to questions by CM Woerner, City Attorney Jason Alcala confirmed that the ballot measure would not change the ability for the area to be a golf course in the future.
CM Woerner said the City Council motives were transparent and driven from pure intentions; the community was concerned that the golf course could be developed, which had happened in other communities. He said the purpose of the initiative was to make it clear that development was not an option without a vote of the people.
Mayor Marchand said the ballot measure was asking the public to make the ultimate decision to vote for area as open space so no future City Council could put housing on the property without another vote of the people. The current City Council had already voted to keep it as open space, and was transparently have the voters of Livermore affirm that.
VM Gary said the issue before the City Council was the wording of the language for the ballot; the Council had already voted to put it on the ballot and they were not reconsidering anything other than the wording.
ON THE MOTION OF VM GARY, SECONDED BY CM WOERNER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE PRIMARY ARGUMENT FOR BALLOT MEASURE FOR THE NOVEMBER 8, 2016 WITH TWO AMENDMENTS:
1. REPLACE THE WORDS "IT HAS NEVER BEEN" WITH "IT IS NOT"; AND
2. REORDER THE PARAGRAPHS TO PLACE THE THIRD AT THE BEGINNING OF THE ARGUMENT AS THE FIRST PARAGRAPH
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.
Livermore Amador Valley Transit Authority (LAVTA) CM Spedowfski said on June 27, 2016 he attended the Projects and Services subcommittee meeting.
Hagemann Farm Open House CM Spedowfski said on July 2, 2016 he attended the event where there were over 400 people in attendance.
Livermore Amador Valley Transit Authority (LAVTA) CM Spedowfski said he attended the board meeting on July 11, 2016. He reported that a $250,000 grant had been received to replace two hybrid electric buses.
CM Woerner stated he had nothing to report.
VM Gary stated he had nothing to report.
Summer History Talk Mayor Marchand said on June 22, 2016 he attended the presentation by Alan Frank on the history of the train depot. He said the original ticket window had been recovered and would be donated to the refurbishment project.
Lawrence Livermore National Laboratory (LLNL) Mayor Marchand said on June 29, 2016 he attended the ribbon cutting ceremony for the new high performance computing building.
Alameda County Transportation Commission (ACTC) Mayor Marchand said on June 30, 2016 he attended the meeting.
Hagemann Farm Open House Mayor Marchand said on July 2, 2016 he attended the event.
Fourth of July Fireworks Celebration Mayor Marchand said on July 4, 2016 he attended the event in downtown Livermore.
Livermore Cultural Arts Council (LCAC) Mayor Marchand said on July 6, 2016 he attended the meeting where there was discussion regarding the plan for the downtown.
U.S. Conference of Mayors Mayor Marchand said he attended the annual meeting from June 24-27, 2016. Session topics included recycling, the Mayors Water Task Force, and a panel discussion on creating compassionate communities.
Alameda County Transportation Commission (ACTC) Mayor Marchand said on July 11, 2016 he attended the meeting regarding express lanes and the Planning and Policy committee meeting.
JOHN P. MARCHAND, MAYOR
SUSAN NEER, CITY CLERK