September 11, 2017
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:02 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.
1.01 ROLL CALL - Present: Mayor John Marchand, Vice Mayor Steven Spedowfski, and Council Members Robert W. Carling, Bob Coomber, and Bob Woerner.
1.02 PLEDGE OF ALLEGIANCE
Mayor Marchand called for a moment of silence in remembrance of 9/11.
1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION
City Attorney Jason Alcala said there was no reportable action.
p>2. PROCLAMATIONS AND PRESENTATIONS
2.01 Airport Commission Annual Update.
Airport Commission Chair Alex Shezifi presented the annual update.
2.02 Confirmation of advisory body appointments and reappointments and administration of oath of office to new members.
Historic Preservation Commission
Appointment of Michelle Setchell
Livermore Area Youth Advisory Commission - Youth
Appointment of Shlok Bansal
Appointment of Madeline Lovdahl
Appointment of Amelia Nelson
Appointment of Ashley Zhuang
Reappointment of Ellie Duell
Reappointment of Maggie Rosendin
Reappointment of Meenakshi Singhal
Reappointment of Cheryl Stanley
Reappointment of Alicia Zhuang
Livermore Area Youth Advisory Commission - Adult
Reappointment of Ann Brown
ON THE MOTION OF CM CARLING, SECONDED BY CM WOERNER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS.
Deputy City Clerk Jean Bell administered the oath of office to Michelle Setchell, Shlok Bansal, Madeline Lovdahl, Amelia Nelson, and Ashley Zhang.
3. CITIZENS FORUM
David McGuigan, Livermore, commented on pitchess motions, the City Council and the Police Department.
Mayor Marchand asked City Attorney Jason Alcala if the Council took any action as suggested by Mr. McGuigan. Mr. Alcala confirmed that the Council took no action.
Alan Burnham, Livermore, spoke in support of a Science Learning Center in
the Downtown development.
Brian O'Reilly, Interfaith Housing, spoke about the critical need for affordable housing for fixed income seniors.
Nancy Bankhead, Livermore, spoke regarding Livermore's official policy in relation to BART coming to North Livermore.
Kathy Streeter, Livermore, spoke about the Friends of Livermore expenditures in last year's election cycle and future plans for the Downtown.
Donna Cabanne, Tri-Valley Sierra Club, spoke in support of open space, a west side hotel, and a low number of housing units reserved for current Livermore workers and residents in the Downtown plan.
Dave Finster, President, Livermore Stockmen's Rodeo Association, spoke in support of a park in the Downtown area to include a grass area, a veteran's statue and acknowledgment of the history of Livermore.
Don Staysa, Director and past President, Rodeo Foundation, spoke in support of a war memorial representing Murray Township and Pleasanton veterans, and the Livermore Stockmen's Rodeo Association as part of the Downtown plan.
Cal Wood, Vice President, Board of Directors, Interfaith Housing, Inc., spoke in support of the acute need for affordable senior housing and the creation of a park in the Downtown commemorating the contributions of the Livermore Stockmen's Rodeo Association and veterans.
Connie Kopps, Livermore, spoke regarding the purchase of bags in support of a cause and rewards based gaming.
4. CONSENT CALENDAR
Item 4.04 Connie Kopps, Livermore, spoke regarding workers in the Artero area and what improvements were made by KB Homes.
Mayor Marchand and Community Development Director Paul Spence confirmed that the work being performed was a public utility easement and an emergency vehicle access.
Item 4.07 Mayor Marchand commented that the Alameda County Home Consortium funds, used to create and maintain affordable housing in Livermore, have been cut by fifty percent.
ON THE MOTION OF VM SPEDOWFSKI, SECONDED BY CM COOMBER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
4.01 Approval of Minutes - July 10, 2017 and July 24, 2017 regular City Council meetings, and August 7, 2017 special City Council and Downtown Steering Committee Workshop.
4.02 Adoption of Ordinance 2059 amending the Zoning District Map of the City of Livermore, establishing development standards for Planned Development - Residential (PD-R) District 16-004, and approving a Development Agreement (DA) 17-002, between the City and Summerhill Homes for the Arroyo Vista Residential project.
4.03 Ordinance introduced adding Chapter 15.38 to provide an expedited, streamlined permitting process for electric vehicle charging stations.
4.04 Resolution 2017-143 accepting KB Home South Bay, Inc. Artero Tract 7724 public improvements for permanent maintenance; accepting all real property offered for dedication within Tract Map 7724 including, Public Utility Easement, Emergency Vehicle Access Easement; and authorizing release of security bonds. Location: Bluebell Drive and Las Flores Road
4.05 Resolution 2017-144 accepting Taylor Morrison of California, LLC, Brighton Phase 2 Tract 8146 public improvements for permanent maintenance; accepting all real property offered for dedication within Tract Map 8146 including, Public Utility Easement, Emergency Vehicle Access Easement, Storm Drain Easement, and Public Access Easement; and authorizing release of security bonds. Location First Street and Worthing Common
4.06 Resolution 2017-145 determining there remains a need to continue the emergency proclamation declared on March 15, 2017 for the February 19, 2017 flood damage.
4.07 Resolution 2017-146 authorizing the continued participation in the Alameda County Home Consortium for HOME Investment Partnership Program funds; and authorizing execution of the subrecipient agreement with Alameda County for HOME program funding to maintain the eligibility of the consortium for HOME program funds the amount of $100,982 for Fiscal Years 2018-2020.
4.08 Resolution 2017-147 authorizing execution of a monthly rental agreement with Maroon Bear II for a police substation located at the Livermore Valley Plaza, and execution of a subordination, attornment and non-disturbance agreement, and Estoppel Certificate with Heritage Bank of Commerce.
4.09 Resolution 2017-148 authorizing execution of the Memorandum of Understanding with the Association of Livermore Employees.
4.10 Resolution 2017-149 adopting the City of Livermore Salary Plan as of September 4, 2017, in accordance with California Code of Regulations, Title 2, Section 570.5
4.11 Resolution 2017-150 authorizing the execution of a grant agreement with the California Office of Traffic Safety Selective Traffic Enforcement Program to receive an award in the amount of $115,000, and appropriation of funds.
5. PUBLIC HEARINGS
5.01 Hearing to consider establishing fees for various City services charged by the Community Development Department for building and safety, planning, and engineering services.
Recommendation: Staff recommended the City Council adopt a resolution approving the issuance of the bonds.
Administrative Services Director Doug Alessio presented the staff report. He said staff would like to return to Council in 2018 for consideration of a policy with analysis for cost recovery.
Community Development Director Paul Spence expanded on the increase in fees due to an increase in time spent on infill projects, where it used to be only large projects.
City Manager Marc Roberts stated that for direction tonight, Council was requesting approval of specific fees and fee levels, and direction on a policy moving forward for future consideration of fees.
VM Spedowfski said he supported the development of a fee policy. He said having a fee policy would clearly define charges and eliminate questions regarding increases in the future.
In response to questions by CM Woerner, Mr. Spence said several of the fees were driven by prior applications from an entity such as a business or homeowner. Fees that are 100% recovery were clearly defined.
In response to questions by CM Carling, Mr. Spence said when the fee resolution was last adopted in 2008 the City was at full cost recovery on all fees. Mr. Roberts said the difference between what municipalities charged was based on prior Council direction. He said the fees outlined in the exhibit would increase the cost of the processing of various applications related to development.
In response to CM Woerner, City Attorney Jason Alcala said the City could not recover fees more than the actual cost of service. He clarified that Livermore's practice was to recover as much of the actual cost of service as possible.
Mr. Roberts said the fees being considered were user fees such as processing, inspection, analysis and not infrastructure fees i.e. to build new roadways, water lines that were separate fees and charged separately.
CM Coomber said the City should be recovering more than 62% of the staff cost especially with regulatory and environmental processes.
In response to questions by Mayor Marchand, Mr. Alessio said industry best practices was that fees should be reviewed every three to five years. He said that was one of the items he wanted to address in the policy.
Mayor Marchand opened the public hearing.
Connie Kopps, Livermore, said this could be hard to monitor and variables should be factored in. She said people on fixed incomes should be considered.
There were no more speakers and the hearing was closed.
ON THE MOTION OF VM SPEDOWFSKI, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2017-151 establishing fees for various City services and partially superseding Resolution Number 2008-123.
5.02 Tax Equity and Fiscal Responsibility Act (TEFRA) hearing regarding the issuance by the California Public Finance Authority of multifamily housing revenue bonds in an aggregate amount not to exceed $55,000,000 for the purpose of financing or refinancing the acquisition and construction of Ageno Apartments and certain other matters related thereto. Location: South Vasco Road and Brisa Street
Recommendation: Staff recommended the City Council adopt a resolution approving the issuance of the bonds.
Housing Program Manager Frances Reisner presented the staff report.
Mayor Marchand opened the public hearing.
There were no speakers and the hearing was closed.
ON THE MOTION OF CM COOMBER, SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2017-152 approving the issuance by the California Public Finance Authority of multi-family housing revenue bonds in an aggregate principal amount not-to-exceed $55,000,000 for the purpose of financing or refinancing the acquisition and construction of Ageno Apartments and certain other matters relating thereto.
6. MATTERS FOR CONSIDERATION
6.01 Discussion and direction regarding Asset Management Program Update for traffic signals, street lights, and traffic signs.
Recommendation: Staff recommended the City Council approve a prioritization method for traffic signals, traffic signs and street lights in the development of the Asset Management Program.
Management Analyst Anthony Smith presented the staff report.
CM Carling questioned the purpose of presenting this item to the Council and asked staff to provide more information and details in future reports.
CM Woerner said fixing street lights should be accomplished in a few days, not 45 days as indicated in the staff report. He said street lights should be given a higher priority.
In response to comments made by CM Woerner, City Manager Marc Roberts said the creation and installation of signs through the City's sign shop was more efficient than using private industry. He explained the City used outside vendors for more expensive objects.
VM Spedowfski reminded everyone that the purpose of the Asset Management Program was to determine what the City's overall costs were and what the prioritization should be. He suggested the final report should include the costing for an accelerated street light replacement to use as a comparison for all other costs.
Public Works Director Darren Greenwood said in-house staff was directed to prioritize signals that are more important over street lights. He said staff was working on securing an outside contractor to address the backlog of street light replacement.
ON THE MOTION OF CM WOERNER, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE PRIORITIZATION METHOD FOR TRAFFIC SIGNALS AND TRAFFIC SIGNS, SUBJECT TO RETHINKING THE STREET LIGHTS.
6.02 Discussion and direction regarding revisions to Livermore Municipal Code Chapter 2.14 Elections.
Recommendation: Staff recommended the City Council receive this report and provide direction to staff for potential revisions to Livermore Municipal Code Chapter 2.14 Elections.
City Attorney Jason Alcala presented the staff report.
In response to questions by Mayor Marchand, Mr. Alcala said the cost of translation of electronic candidate statements posted on the City's web page would be borne by the individual candidate.
Mayor Marchand invited public comments.
Jean King, Livermore, spoke on behalf of Lee Yonkers, Friends of Livermore Chair, against campaign limitations from individuals to independent local committees.
Paul Brown, Livermore, spoke regarding Political Action Committee (PAC) campaign donations in the last election and in support of restrictions on donations used for candidates through PACs.
John Stein, Livermore, spoke regarding PAC support of candidates based on specific goals and in support of restrictions on donations used for candidates through PACs. He said the playing field should be leveled.
City Attorney Jason Alcala provided clarification to a comment made by the public. He said the comment "settled by law" with regards to restrictions on expenditures made by independent expenditure committees, was not the nature of Livermore's ordinance. Livermore does not regulate the expenditures by any candidate or committee; they regulate the contributions to a particular committee. He said that was an open area of law whether there can be restrictions to contributions to those committees. He said the question was whether those independent expenditure committees should be subject to those contribution laws, but not expenditure laws. He said the current ordinance was unclear as to whether independent expenditure committees were covered.
In response to questions by CM Woerner, Deputy City Clerk Jean Bell said there have been between one and three independent expenditure committees in the last few elections. Mr. Alcala said if directed, staff would conduct the research and analysis and provide the findings to the Council.
In response to questions by VM Spedowfski, Mr. Alcala confirmed that the research would determine if there was possible corruption occurring as a result of the contributions to the independent expenditure committees. He said restrictions would apply only to city committees; would not apply to county or state general purpose committees.
Mr. Alcala answered numerous questions surrounding corruption, enforcement and designation of city, county and state committees.
The City Council received the report and directed staff to return to Council in November with an ordinance revising Livermore Municipal Code Chapter 2.14 Elections to: update language; eliminate limits on campaign contribution amounts; remove the requirement for an independent expenditure committee to obtain the candidate's approval before making an expenditure on their behalf; and reflect the addition of electronic filing of campaign statements. Council also directed staff to provide an attorney memorandum to Council with additional information concerning the opportunity to place candidate statements on the City's website and if a Council Member wanted to consider that opportunity, the Council Member could make the request during matters initiated to place it on a future agenda for consideration.
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 Downtown Inc. CM Woerner attended the Board of Director's meeting where there was a presentation from Legacy Partners regarding the Groth Brothers site.
Livermore-Amador Valley Water Management Agency (LAVWMA) CM Woerner stated on August 31, 2017 he attended the board meeting.
Livermore Cultural Arts Council (LCAC) CM Woerner stated he attended the September 6, 2017 meeting where LCAC voted to be involved in the study of the economic benefits of the arts in the community.
CM Woerner received consensus from Council to direct staff to enter into discussions with the Livermore Stockmen's Rodeo Association regarding deed restrictions and return to Council in November with further information for consideration.
CM Woerner received consensus from Council to direct staff to poll Downtown business owners and property owners immediately adjacent to city-owned properties to see if there is interest in acquiring a modest amount of city-owned property immediately adjacent to their building and to return to Council with the information.
Livermore-Amador County Transit District (LCTC) CM Coomber attended the Finance and Administration meeting where there was an update on the budget and expenditures, and legislative items.
Vine Theater CM Coomber stated that on August 21, 2017 he attended the showing of 4 Wheel Bob, which was a fundraiser for Sunflower Hill.
September 11th Observance CM Coomber stated he attended the 9/11 observance at Fire Station #6.
Top Business Breakfast Reception CM Carling stated he attended the reception where local businesses were recognized.
Tri-Valley Mayors Summit CM Carling stated he attended the breakfast.
99 Cent Store Grand Opening CM Carling stated he attended the opening.
Livermore Police Department CM Carling stated he attended the swearing in ceremony.
Livermore Valley Business Awards CM Carling stated he attended the luncheon.
Taste of Livermore CM Carling stated he was a judge at the event.
September 11th Observance CM Carling stated he attended the observance at Fire Station #9.
CM Carling received consensus from the Council to direct staff to return to Council with an update to the parking study regarding information on what has been implemented, next steps and cost of the next steps.
Wheels VM Spedowfski stated he attended the meeting.
Livermore-Amador Valley Transit Authority (LAVTA) VM Spedowfski attended the meeting on September 11, 2017 where there was a presentation on the BART Environment Impact Report (EIR).
VM Spedowfski received consensus from Council to direct staff to return to Council on October 9, 2017 with a presentation from BART and a draft letter on the EIR for consideration and direction.
Livermore Police Department Mayor Marchand stated he attend the swearing in ceremony.
Livermore-Amador Valley Water Management Agency (LAVWMA) Mayor Marchand stated on August 31, 2017 he attended the board meeting.
Livermore Valley Chamber of Commerce Mayor Marchand stated on August 23, 2017 he attended the meeting where there was a presentation on the BART Environmental Impact Report (EIR).
Global Innovation Cities Symposium, Stanford University Mayor Marchand stated he attended the symposium on September 9, 2017 where he gave a presentation on various projects that have taken place in Livermore.
September 11th Observance Mayor Marchand stated he attended the observance at Fire Station #9.
Alameda County Transportation Commission (ACTC) Mayor Marchand stated he attended the meeting where there was an update on Highway 580 express lane statistics. Mayor Marchand also attended the Planning Policy Committee meeting where modifications were made to the Regional Measure 3 (RM3) proposal, and the Transit Committee where Transportation Network Companies (TNC) were discussed.
Downtown Development Neighborhood Meeting Mayor Marchand stated that the next workshops would be held September 13, 2017 at the Shrine Event Center and October 10, 2017 at the Robert Livermore Center.
8. ADJOURNMENT - at 9:59 pm to a regular City Council meeting on September 25, 2017 at 6:30 pm for the Summer Reading Program Awards immediately followed by the regular City Council business meeting, Council Chambers, 3575 Pacific Avenue, Livermore.
JOHN P. MARCHAND, MAYOR
SUSAN NEER, CITY CLERK