CALL TO ORDER / PLEDGE OF ALLEGIANCE

CITIZENS FORUM

CONSENT CALENDAR

PUBLIC HEARINGS

MATTERS FOR CONSIDERATION

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS

ADJOURNMENT

September 26, 2016

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SUMMER READING PROGRAM AWARDS PRESENTATION

6:30 PM

Mayor Marchand called the meeting to order at 6:31 pm. All members of the City Council were present, with the exception of Council Member Spedowfski, absent/excused. Library Director Tamera LeBeau presented the Summer Reading Program awards.

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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 7:16 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 Laureen Turner and Bob Woerner. Council Member Spedowfski was absent/excused.

1.02 PLEDGE OF ALLEGIANCE

2. PROCLAMATIONS AND PRESENTATIONS - None.

3.

CITIZENS FORUM

Scott Kenison, Livermore Valley Performing Arts Center, spoke regarding recent events at the Bankhead Theater and supporting the arts for the entire community.

Lynn Seppala, Livermore, questioned the spray painted markings surrounding the old Civic Center Library and the proposed City Council Chamber.

Kathy Streeter, Livermore, spoke regarding Friends of Livermore's proposal for the Downtown and their candidates running for Council. She also spoke of the hard work and accomplishments of the seated Council and the incumbents running for re-election.

Nancy Mulligan, Livermore, spoke in support of the Train Depot staying at its original site. She also spoke on behalf of Anna Siig who also supported the depot staying at the original site.

Lori Souza, Livermore, spoke regarding the lack of maintenance at Parcel 99682-6 of the Sevillano development and said the South Livermore Valley Plan needed to be refined.

Connie Kopps, Livermore, spoke regarding the dissolution of the Springtown Homeowners Association and other issues in the Springtown area.

Donna Kerger, San Ramon, spoke regarding the Valley Children's Museum and requested the item be place on a future agenda for a full presentation.

David McGuigan, Livermore, continued speaking regarding his arrest in Livermore.

John Stein, Livermore, spoke regarding development in the Isabel priority area, BART, parking, and congestion in that area.

In response to questions by Mayor Marchand, City Manager Marc Roberts said approval of the development documents would be dependent upon assurance that BART was coming to Livermore.

Mayor Marchand said he was a longtime supporter of the arts in Livermore. He said contrary to comments made by Livermore Valley Performing Arts Center (LVPAC), the Council Chamber was used approximately 80% of the time. He said in addition to the regular meetings of the City Council and Planning Commission, the Chamber was used by other boards, committees, and commissions; outside groups; employee trainings, programs and events; blood drives; recruitment purposes; Key to the City local government academy; the Citizens Police Academy, and more. With regards to LVPAC's proposed 299-seat theater, the PKF study had estimated the theater would only be used thirty-five times a year, which was three times a month.

4.

CONSENT CALENDAR

Item 4.03 CM Turner requested doggie clean-up bags be provided in the area, and questioned the rational for fines for feeding the ducks and geese. She requested staff contact Livermore Area Recreation and Park District and have a ranger visit the pond to help educate the community on the hazards of feeding the fowl.

Public Works Director Darren Greenwood said the fines were established because all other efforts to prevent the feeding of the fowl had been ignored and caused disease and pollution. He said this was another attempt to make the pond more functional.

Item 4.05 VM Gary said he appreciated the efforts by Livermore Downtown Inc., for the continued success of the downtown. He said LDI, along with the business owners, was responsible for sponsoring all of the events.

Item 4.03 Connie Kopps, Livermore, spoke regarding numerous items at Springtown including cut lines, signage in the open space, and land grabs by developers for in-fill projects and corruption.

Mayor Marchand said the Springtown item had been a very open and transparent process. He had been attending hearings and meetings for over eight years. Measure FF on the November 8, 2016 ballot allowed homeowners the opportunity to vote in support or against the Springtown permanent open space.

Item 4.02 John Stein, Livermore, suggested bonding the annexation to allow the property owners to defer or make installment payments. He urged voting in favor of Measure FF to protect open space in Livermore.

In response to questions by Mayor Marchand, City Manager Marc Roberts said the residents of the Pleasant View annexation would be conducting a vote of the homeowners on whether they wished to have an assessment district.

ON THE MOTION OF VM GARY, SECONDED BY CM TURNER, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

4.01 Adoption of Ordinance 2039 amending Municipal Code Chapter 1.28, Conflict of Interest Code.

4.02 Adoption of Ordinance 2040 establishing the Suburban Residential Zoning District for the Pleasant View Lane Neighborhood (APZ16-001).

4.03 Ordinance introduced amending the Municipal Code to add Section 12.75 to provide regulations and enforcement for the Springtown Open Space Regulations; and acceptance of the proposed maintenance plan for the Springtown Open Space Area.

4.04 Ordinance introduced deleting Municipal Code Chapter 5.44, Tow Car Services, and replacing it with Chapter 5.44, Police Tow Service Franchises.

4.05 Resolution 2016-121 authorizing execution of a grant agreement with Livermore Downtown Inc., in the amount of $75,000, for services rendered and related operating expenses for Fiscal Year 2016-17.

4.06 Resolution 2016-122 authorizing execution of an agreement with Ray Morgan Company, in an amount not to exceed $75,000, for thirteen replacement copiers/printers; and authorizing execution of an agreement with Ray Morgan Company for maintenance and supplies, in an amount not to exceed $75,000, for the Livermore-Pleasanton Fire Department Joint Powers Authority.

4.07 Resolution 2016-123 authorizing appropriation and expenditure of the California Office of Traffic Safety Selective Traffic Enforcement Program (STEP) grant in the amount of $110,000.

4.08 Resolution 2016-124 authorizing execution of a Subdivision Improvement Agreement with Ponderosa II - the Vines; approving Tract 8195 Final Map for recording; and all real property offered for dedication within Tract Map 8195, except for the following, which the Council rejects at this time, reserving the right to accept the offer at a future date: Public Utility Easement, Emergency Vehicle Access Easement, Sanitary Sewer Easement and Water Line Easement. Location: East Avenue and Vasco Road.

4.09 Resolution 2016-125 accepting Ponderosa Homes II, Inc. Tract 8125 including public improvements for permanent maintenance; accepting all real property offered for dedication that was previously rejected; and authorizing release of security bonds. Location: North of Wattenberger Park.

5.

PUBLIC HEARINGS

5.01 Hearing to consider formation of and intention to establish Landscape Maintenance District No. LL-863 for Tract 8195. Location: Ponderosa Homes, southwest corner of East Avenue and South Vasco Road.

Recommendation: Staff recommended the City Council conduct a public hearing to consider the formation of Landscape Maintenance District No. LL-863 and direct the City Clerk to tabulate ballots received regarding the formation and announce the results. If there is no majority protest regarding the proposed district, adopt a resolution ordering the establishment of the maintenance district, adopting the Engineer's Report, confirming the levy of the first assessment and directing actions with respect thereto.

Assistant City Engineer Bob Vinn 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.

City Clerk Susan Neer announced the results of the election.

Ballots cast: 1
# of YES votes: 1
# of NO votes: 0

ON THE MOTION OF CM WOERNER, SECONDED BY VM GARY AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2016-126 ordering the establishment of a maintenance district, adopting Engineer's Report, confirming the levy of the first assessment, and directing actions with respect thereto. Maintenance District No. LL-863 (Tract 8195).

5.02 Hearing to consider the Consolidated Annual Performance Report for Community Development Block Grant funds.

Recommendation: The Human Services Commission and staff recommended the City Council adopt a resolution authorizing submission of the Fiscal Year 2015-16 Consolidated Annual Performance Evaluation Report for the Community Development Block Grant and HOME Investment Partnership Program to the Alameda County HOME Consortium and the U.S. Department of Housing and Urban Development.

Human Services Specialist Ty Robinson presented the staff report.

ON THE MOTION OF CM TURNER, SECONDED BY CM WOERNER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2016-127 approving Fiscal Year 2015-2016 Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program and Home Investment Partnership program.

6.

MATTERS FOR CONSIDERATION

6.01 Alameda County Housing Bond Presentation by Linda Gardner, Alameda County Director of Housing and Community Development.

Recommendation: Staff recommended the City Council accept the presentation.

Assistant Community Development Director Eric Uranga presented the staff report.

Alameda County Director of Housing and Community Development Linda Gardner presented an overview of the bond. She said the bond was designated as Measure A1 on the November 8, 2016 ballot.

In response to questions by VM Gary, Ms. Gardner said transition housing would be eligible for the base city fund; the real thrust of the bond was permanent housing. She said the conditions of the bond program would have to be met and the decision would have to be made by the Council. She said the tri-valley region disbursement would be run by an annual request for proposal process with approval coming from the Board of Supervisors.

In response to questions by CM Woerner, Ms. Gardner confirmed multiple cities could work together on a project and that would up the project on the priority list.

CM Turner said she supported the bond measure.

In response to questions by Mayor Marchand, Ms. Gardner said there would not be a one hundred percent match. She said if the bond passed, there would be a public hearing on the detailed implementation policy and then it would be presented to the Board of Supervisors for adoption. She confirmed that other funds, such as HOME funds could be used.

Mayor Marchand invited public comment.

Diana Baciarelli, Livermore, spoke in support of the bond measure.

Leyan Li, Livermore, spoke in support of the bond measure.

Juanita Riker Hussain, Livermore, spoke in support of the bond measure.

Darin Lowds, spoke in support of the bond measure.

THE CITY COUNCIL VOTED IN FAVOR OF SUPPORTING THE HOUSING BOND MEASURE. MOTION VM GARY, SECONDED BY CM TURNER AND CARRIED ON A 4-0 VOTE.

6.02 Resolution of the Livermore Successor Agency approving the Preliminary Official Statement and documents related to the sale of Tax Allocation Refunding Bonds to refinance outstanding 2001 Tax Allocation Bonds.

Recommendation: Staff recommended the Livermore Successor Agency adopt the resolution.

Accountant Erik Peterson presented the staff report.

CM Turner said she supported approval of the refinancing that would save $4.9 million.

CM Gary said the savings from the refinancing of the bonds that built the Downtown would be returned to all the agencies. He clarified that there was no new debt.

ON THE MOTION OF AGENCY MEMBER TURNER, SECONDED BY AGENCY MEMBER WOERNER AND CARRIED ON A 4-0 VOTE, THE LIVERMORE SUCCESSOR AGENCY ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2016-LSA-02 confirming the issuance of refunding bonds, approving preliminary and final official statements, and providing for other matters properly relating thereto.

6.03 Discussion and direction regarding the 2016 National Citizen SurveyTM questions.

Recommendation: Staff recommended the City Council provide direction regarding the inclusion of specific, closed-end policy questions in the upcoming National Citizen SurveyTM scheduled for data collection November through December 2016.

Senior Management Analyst Donna Pontau presented the staff report.

THE CITY COUNCIL DIRECTED STAFF TO PREPARE ADDITIONAL SURVEY QUESTIONS PERTAINING TO BART TO LIVERMORE AND HOUSING FOR HOMELESS.

6.04 Discussion and direction regarding the filing of the Notice of Exemption for Certificate of Appropriateness 16-007, in accordance with the California Environmental Quality Act; and approve Certificate of Appropriateness 16-007 for the demolition of the former Wagoner Winery building, subject to conditions. Location: 210-250 Church Street.

Recommendation: The Historic Preservation Commission and staff recommend the City Council adopt a resolution approving Certificate of Appropriateness 16-007.

Associate Planner Frank Guido presented the staff report.

Mayor Marchand invited public comment.

John Stein, Livermore, said the current building was not salvageable and should be replaced with a structure of the same form and material that represented the history of the Livermore.

In response to questions by Mayor Marchand, Mr. Guido said the train depot and the Wagoner Winery were constructed during the same period of time, about two centuries ago. Community Development Director Paul Spence said neither the train deport nor the winery were landmarks or listed on historic registries.

Mayor Marchand suggested the building be restored and transformed into a winery museum. He said this would open up the Downtown and preserve the building's history.

VM Gary suggested the City provide a second preservationist report accurately identifying the rehabilitation costs for Council discussion with the applicant regarding an alternative site design.

Nancy Bankhead, applicant, said she had tried to save the building but it was uninsurable. She said she wanted a restaurant at the site. The bricks and the beams from the demolished building would be repurposed as a fašade of the new building and a mural depicting the operations of the original winery would be painted on the side of the building. The new building would preserve the integrity of Livermore. She said the brass historical marker would be bigger and better than what was required in the Conditions of Approval. She said the facts in the letter submitted to Council in the Supplemental Memo were totally wrong.

CM Woerner said the building did not appear to be savable and it was a long shot to try and rehabilitate the building in any way. He said CM Spedowfski had a conversation with a member of the Wagoner family and it was suggested three additions to the Conditions of Approval: Section B1 be amended to include the Wagoner family on the plaque; the plaque text would include "input from the Wagoner family" and to review the content prior to finalization, and add Section B5 - to include a mural depicting the property when it functioned as a winery.

CM TURNER'S MOTION TO APPROVE STAFF RECOMMENDATION DIED FOR LACK OF A SECOND.

ON THE MOTION OF CM TURNER, SECONDED BY CM WOERNER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL AMENDED TO THE CONDITIONS OF APPROVAL AS FOLLOWS: SECTION B1 AMENDED TO INCLUDE THE WAGONER FAMILY ON THE PLAQUE; THE PLAQUE TEXT WOULD INCLUDE INPUT FROM THE WAGONER FAMILY AND TO REVIEW THE CONTENT PRIOR TO FINALIZATION; AND ADD SECTION B5 - TO INCLUDE A MURAL DEPICTING THE PROPERTY WHEN IT FUNCTIONED AS A WINERY AND ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2016-128 approving certificate of appropriateness 16-007 (former Wagoner Winery building located at 210-250 Church Street).

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.

Altamont Landfill Committee CM Woerner said the committee was working on establishing a list of priorities to help locate parcels for acquisition as funds continued to build. He said a letter would be going to the State offering to purchase the Telsa off-road park, and there were adequate funds to purchase the open space in Alameda County.

CM Woerner requested and received consensus from the City Council to direct staff to prepare reports on the following items for consideration at future City Council meetings:

1) Livermorium Plaza - finalize the design plan for Livermorium Plaza.

2) Shea Plaza at the Bankhead - evaluate design options for a shade structure, and design wall modifications and other things to make it more hospitable and to develop a more useable space for the Downtown.

3) Improved Lighting - install festival lighting and footlights on J, K, 2nd and 3rd Streets.

4) Parking and traffic study - analysis on parking garage and traffic circulation studies.

Livermore Downtown Inc. (LDI) VM Gary said he attended the board meeting.

Historic Preservation VM Gary requested and received consensus from the City Council for staff to research and establish a trigger point threshold in terms of significant historic or legacy buildings and prepare a proposed requirements ordinance for significant historical buildings to require that an independent preservationist study at the citizen's expense needed to be submitted along with the application.

Housing Moratorium VM Gary requested and received consensus from the City Council to prepare an urgency ordinance for a moratorium on housing developments for a period of six months in the Downtown Specific Plan area to be considered at the October 10, 2016 City Council meeting. He said the moratorium wound not include commercial or home improvements.

CM Turner reiterated her prior request and said once the Downtown Specific Plan study was completed, she wanted a similar report for all of Livermore; what was planned, what could happen with current zoning, what city-wide build-out looked like and the need for police and fire services and other city services.

Blue Stone Replacement In response to questions by CM Turner, City Engineer Cheri Sheets said the initial project had been completed. She said replacement of the remaining stone was being reviewed as part of the Asset Management Program and there had not been any other accidents related to the blue stone pavement.

Innovation Tri-Valley CM Turner said on September 22, 2016 she attended the Dream Maker's and Risk Takers luncheon.

League of California Cities CM Turner said she attended the East Bay Division meeting and had been elected as the new division president.

League of California Cities Annual Conference Mayor Marchand said he would not be able to attend and requested CM Turner be the voting delegate.

East Bay Economic Alliance Mayor Marchand said on September 1, 2016 he attended the Legislative Advocacy Committee meeting and the Land Use and Infrastructure Committee meeting.

Wine Country Mural Dedication Mayor Marchand said he attended the ceremony at the San Francisco Premium Outlets.

Local Agency Formation Commission (LAFCo) Mayor Marchand said on September 8, 2016 he attended the meeting. There was approval of the sphere of influence modifications in Oakland and Fremont and work done on the expedited consideration of the municipal service reviews for the Eden Township Healthcare District.

9/11 Memorials Mayor Marchand said he attended the memorials at Las Positas College and Fire Station No. 1.

Alameda County Transportation Commission (ACTC) Mayor Marchand said on September 12, 2016 he attended the meeting in addition to the I-580 Committee meeting. There was an update on operations of the HOV Express Lanes. He also attended the Planning, Policy, and Legislative Committee for an update on the Congestion Management program and Safe Routes to School program.

Cap-and-Trade Auction Mayor Marchand said the August auction brought in $18 million instead of $1 billion.

Alameda County Transportation Commission (ACTC) Mayor Marchand said on September 22, 2016 he attended the meeting. There was a legislative update and discussion on a student free bus pass program.

8.

ADJOURNMENT - 10:12 pm to a Closed Session immediately following the meeting.

APPROVED:
JOHN P. MARCHAND, MAYOR

ATTEST:
SUSAN NEER, CITY CLERK