CALL TO ORDER / PLEDGE OF ALLEGIANCE

PROCLAMATIONS AND PRESENTATIONS

CITIZENS FORUM

CONSENT CALENDAR

PUBLIC HEARINGS

MATTERS FOR CONSIDERATION

MATTERS INITIATED

ADJOURNMENT

November 13, 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

1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION

Mayor Marchand said there was no reportable action.

2.

PROCLAMATIONS AND PRESENTATIONS

2.01 Human Services Commission annual update.

Chair Eric Hom presented the annual update.

2.02 Confirmation of advisory body appointments and reappointment and administration of oath of office to new members.

Commission for the Arts Appointment of Ninaad Desai

Livermore Housing Authority Appointment of Mark Palajac

Human Services Commission Appointment of Jon Orellana Reappointment of Nabeela Khan

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

City Clerk Susan Neer administered the oath of office to Ninaad Desai, Mark Palajac and Jon Orellana.

3.

CITIZENS FORUM

David McGuigan, continued his comments on the Livermore Police Department and Mayor Marchand.

Julie, said there was not enough parking for the handicapped in Livermore.

Chris Damitz, Livermore, spoke regarding the repair of the sidewalk in front of his house.

Bill Dunlop, Livermore, read a statement from Lee Yonker regarding the planning of the Downtown and the location of the hotel and said he agreed with Mr. Yonker's comments.

Jeff Kaskey, Livermore, spoke regarding the planning of the Downtown and the location of the hotel and said there should be a reanalysis of the parking plan.

Allen Frank, Livermore, spoke regarding the need for parking for the handicapped in the Downtown.

Greg Scott, spoke regarding the needs of the homeless.

Leslie Lemieuz, Livermore Yotsukaido Sister City Organization Board Member, spoke regarding the student trip to Japan in honor of the 40th anniversary of the Sister City relationship.

Mary Claudino, Livermore Yotsukaido Sister City Organization Trip Leader, spoke regarding the student trip to Japan in honor of the 40th anniversary of the Sister City relationship.

Jack Martin, Livermore Yotsukaido Sister City Organization student delegate, spoke regarding the trip to Japan.

Annabell Overault, Livermore Yotsukaido Sister City Organization student delegate, spoke regarding the trip to Japan.

Connie Kopps, Livermore, spoke regarding the revised agenda, the history of Springtown and her comments were misunderstood.

Gropal Chaikam, Livermore, spoke regarding Vineyard Crossings and the traffic on Brisa Street.

Jean King, Livermore, spoke regarding her results from the community workshops.

4.

CONSENT CALENDAR

ITEM 4.12 WAS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION.

ON THE MOTION OF CM COOMBER, SECONDED BY CM CARLING, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED ITEMS 4.01 - 4.11 ON THE CONSENT CALENDAR.

4.01 Approval of Minutes - October 9, 2017 regular City Council meeting; October 17, 2017 Special Meeting Closed Session, October 23, 2017 regular City Council meeting.

4.02 Adoption of ordinance 2061 amending and replacing Chapter 5.80 - Medical Marijuana Dispensaries and Chapter 5.90 - Commercial Cultivation of Marijuana for Medicinal Purposes of the Livermore Municipal Code to prohibit all commercial cannabis activities in the City of Livermore.

4.03 Adoption of ordinance 2062 amending Municipal Code Section 6.12.140 Dog Leash Requirements, to remove certain instances when dogs may be off leash, and to update leash requirements.

4.04 Adoption of ordinance 2063 amending Municipal Code 2.68.430 Surplus Supplies and Equipment, to grant the Administrative Services Director the authority to surplus police canines and kennels.

4.05 Resolution 2017-176 determining there remains a need to continue the emergency proclamation declared on March 15, 2017 for the February 19, 2017 flood damage.

4.06 Resolution 2017-177 accepting improvements for permanent maintenance; accepting all real property offered for dedication including public utility easement, emergency vehicle access easement and First Street; and authorizing release of security. Location: Vasco Road and Brisa Street (KB Homes South Bay, Brisa Station Phase 1 Tract 7870).

4.07 Resolution 2017-178 authorizing execution of first amendments to two professional services agreements with Dyett & Bhatia, one for land use planning services, and the other for environmental services; and increasing the total amount authorized for the project from $691,249 to $960,883.

4.08 Resolution 2017-179 authorizing execution of the second amendment to the agreement with Ruggeri-Jensen-Azar to increase the not-to-exceed amount from $1,200,000 to $1,700,000 to provide on-call engineering services.

4.09 Resolution 2017-180 summarily vacating an existing ten-foot wide pedestrian walkway easement connecting Wall Street to the old Sonoma Elementary School, and authorizing execution of the quit claim deeds.

. 4.10 Resolution 2017-181 approving the annual report on development fee and connection fee revenues and expenditures for FY 2016-2017, and findings regarding the continuing need for unexpended balances of impact fees.

4.11 Resolution 2017-182 repealing Resolution No. 2017-091 approving the City's participation in the Alameda County Home Investment Partnership Program Consortium for HOME Investment Partnership funds (HOME); and ratifying the executed HOME Consortium Agreement with Alameda County to receive HOME funding for federal years 2018, 2019, and 2020.

Item 4.12 Resolution authorizing the extension of the Exclusive Negotiation Rights Agreement (ENRA) with Presidio Companies for the development of a downtown hotel until February 2018.

Planning Manager Steve Stewart presented the staff report.

Mayor Marchand invited public comment.

Denise Leddon, Livermore, spoke in opposition to the extension of the ENRA.

Jean King, Livermore, spoke in opposition to the extension of the ENRA.

Sally Dunlop, Livermore, spoke in opposition to the extension of the ENRA.

Joan Green, Livermore, spoke in opposition to the extension of the ENRA.

Jeff Kaskey Livermore, spoke in opposition to the extension of the ENRA.

Doug Mann, Livermore, spoke in opposition to the extension of the ENRA.

Tamera Reus, Livermore, spoke in opposition to the extension of the ENRA.

Elizabeth Judge, Livermore, spoke in opposition to the extension of the ENRA.

Thomas Jefferson, Livermore, spoke in opposition to the extension of the ENRA.

Dawn Argula, Livermore Valley Chamber of Commerce, spoke in support of the extension of the ENRA.

Evan Branning, Livermore, spoke in support of the extension of the ENRA.

In response to questions by Mayor Marchand, Planning Manager Steve Stewart said staff had not been approached by any other hoteliers after the initial RFP process.

CM Woerner said it was too early to determine the location of the hotel. He said it was appropriate to extend the ENRA as Presidio was the only hotelier to approach the City, and there has not been a decision on the actual location. He supported extension of the ENRA.

In response to questions by VM Spedowfski, Mr. Patel said he was still interested in submitting a proposal for the development of a hotel at either the east or west side locations. VM Spedowfski supported the extension of the ENRA.

CM Carling said the process was not finished yet and there had not been any decisions made. He said there had not been any interest from other hoteliers. He supported extension of the ENRA.

CM Coomber said results from the outreach would be presented at the November 27, 2017 meeting; no decisions had yet been made. He supported extension of the ENRA for an additional ninety days.

Mayor Marchand said the process needed to be completed prior to decisions being made and supported extension of the ENRA.

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

Resolution 2017-183 authorizing the extension of the Exclusive Negotiation Rights Agreement with Presidio Companies for the development of a downtown hotel until February 2018.

5.

PUBLIC HEARINGS

5.01 Hearing to consider pre-zoning the Concannon Winery property to South Livermore Valley Agriculture Zoning District.

. Location: 4596 Tesla Road
. Site Area: 79.4 acres
. Applicant: Wine Group LLC
. Application Number: Annexation-Prezoning (APZ) 16-002
. Public improvements: None
. Zoning: Alameda County Zoning: Agriculture/Cultivated Agriculture (A/CA)
. General Plan: Agriculture and Viticulture (AGVT)
. Historic Status: California Historic Landmark number 641
. CEQA: Recommending finding the project is exempt from the California Environmental
Quality Act under Section 15319, which exempts annexation of existing facilities.

Recommendation: Staff recommended the City Council introduce an ordinance establishing the South Livermore Valley - Agriculture Zoning Standards for the Concannon Winery.

Associate Planner Andy Ross presented the staff report.

John Sutton, Chief Financial Officer, The Wine Group, said without the annexation the business was in jeopardy. He said there were no other options and requested approval of the annexation.

Mayor Marchand opened the public hearing.

Dick Schneider, spoke in support of the planned development zoning district.

Micahdale Brock, Livermore, spoke regarding the noise and was concerned about future Councils changing the zoning.

In response to questions by Mayor Marchand, Planning Manager Steve Stewart said The Wine Group had not expressed an interest in building an inn or bed and breakfast at the site, but did want to reserve the right to do so in the future.

Jean King, Livermore, read a letter from Lee Yonker, Friends of Livermore, supporting the project that would improve the water quality in South Livermore; this was a win-win for all community organizations.

Tamera Reuss, Livermore, Friends of the Vineyard, supported the project.

Rebecca Brock, Livermore, objected to the annexation and was concerned there would be housing or a business development on the site.

In response to questions by Mayor Marchand, Mr. Stewart said the conservation easement would preclude any development other than open space and vineyards.

In response to questions by CM Woerner, Mr. Stewart clarified the need for connection to the City's system was not due to the factory, but due to domestic waste.

Dawn Argula, Livermore Valley Chamber of Commerce, spoke in support of the annexation.

There were no more speakers and the hearing was closed.

ON THE MOTION OF CM WOERNER, SECONDED BY VM SPEDOWFSKI AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL INTRODUCED THE ORDINANCE ESTABLISHING THE SOUTH LIVERMORE VALLEY-AGRICULTURE ZONING STANDARDS FOR THE CONCANNON WINERY (APZ16-002) AND DIRECTED STAFF TO SUBMIT AN APPLICATION TO ZONE THE PROPERTY TO LIMIT ADDITIONAL BUILDING AND STRUCTURE COVERAGE AND/OR FLOOR AREA TO 6,500 SQUARE FEET; LIMIT BUILDING AND STRUCTURE HEIGHT TO 30 FEET; PROACTIVELY PROTECT THE SITE'S HISTORIC RESOURCES; ALLOW WINE COUNTRY VISITOR SERVICES AND ACTIVITES CURRENTLY OCCURING ON SITE; AND ALLOW A WINE COUNTRY INN WITH A MAXIMUM OF 14 ROOMS.

Ordinance introduced establishing the South Livermore Valley-Agriculture zoning standards for the Concannon Winery (APZ16-002).

5.02 Hearing to consider transfer of Senior Site Property to Chestnut Square Senior Associates, L.P.; Transfer of Family Site Property to Chestnut Square Family Associates, L.P.; and Appropriation of City Housing Trust Funds in the amount of $5,400,000.

Location: Chestnut Street and North P Street, APN 98-0290-011-01, APN 98-0290-006-07 (Portion), and 98-0249-001-03 (Portion).

Recommendation: Staff recommended the City Council adopt a resolution approving, in substantial conformance, loan agreements relating to the transfer and development of property to Chestnut Square Senior Associates L.P. and Chestnut Square Family Associates L.P., a first amendment to the Disposition Development and Loan Agreement with Midpen Housing Corporation, an indemnity agreement with Midpen Housing Corporation, the transfer of a portion of the property located at 1635-1763 Chestnut Street to Chestnut Square Senior Associates L.P. and Chestnut Square Family Associates L.P.; appropriation of $5,400,000 of affordable housing trust funds; and authorizing the City Manager, or his designee, to execute all related documents necessary to carry out the loans, agreements, and property transfers.

Housing Program Manager Frances Reisner presented the staff report.

In response to questions by Mayor Marchand, Ms. Reisner said an agency had not been contracted yet to provide the wrap-around services for the homeless units.

In response to questions by CM Woerner, Assistant Community Development Director Eric Uranga said the recent tax law changes would not affect this phase of the project but may have an impact in the future on the family phase of the project. Carlos Castano, Director of Housing Development, MidPen, said the equity investor and the lender were all set-up and were ready to close escrow in December so would not be affected by the proposed tax reform.

Mayor Marchand opened the public hearing.

Connie Kopps, Livermore, said it was irresponsible for the Council to take action on this item since there was a revised agenda published late and there was no way they could read and understand all the information presented.

Mr. Uranga said this was not a new item and the City had been working on this project for several years; Council had taken action on several items throughout the entire process and this was the final phase. He said the revised agenda was to publish revised documents that were presented after the original packet was published.

There were no more speakers and the hearing was closed.

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

Resolution 2017-184 approving, in substantial conformance, loan agreements relating to the transfer and development of property to Chestnut Square Senior Associates L.P. and Chestnut Square Family Associates L.P., a first amendment to the Disposition Development and Loan Agreement with Midpen Housing Corporation, an indemnity agreement with Midpen Housing Corporation, the transfer of a portion of the property located at 1635-1763 Chestnut Street to Chestnut Square Senior Associates L.P. and Chestnut Square Family Associates L.P.; appropriation of $5,400,000 of affordable housing trust funds; and authorizing the City Manager, or his designee, to execute all related documents necessary to carry out the loans, agreements, and property transfers.

5.03 Hearing to increase the Affordable Housing In-Lieu Fee. In accordance with changes to the City's Affordable Housing For-Sale Prices, and current market-rate housing prices, the City's Affordable Housing In-Lieu Fee will increase from $19.95 to $25.37 per square foot pursuant to the City's Affordable Housing Fee Ordinance.

Recommendation: Staff recommended the City Council adopt a resolution establishing the annual affordable for-sale prices, rental rates, maximum income limits, and affordable housing in-lieu fee for 2017.

Administrative Technician Susan Calkins presented the staff report.

Mayor Marchand opened the public hearing.

Evan Branning, Livermore, spoke against in lieu fees and supported the use of density bonuses.

In response to question by CM Woerner, City Attorney Jason Alcala said during the recession, the State mandated there could not be a must-build requirement; developers had to be allowed to pay an in-lieu fee rather than developing the units. This was no longer the case. City Manager Marc Roberts said the ordinance was a must-build ordinance.

Greg Scott, Livermore, said the resources were only helping a few.

There were no more speakers and the hearing was closed.

In response to questions by CM Carling, Assistant Community Development Director Eric Uranga said affordable housing programs varied city by city. He said Livermore's program was a very robust and aggressive program to create a huge variety and range of affordable housing and services.

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

Resolution 2017-185 establishing the annual affordable for-sale prices, rental rates, maximum income limits, and Affordable Housing In-Lieu fee for 2017.

6.

MATTERS FOR CONSIDERATION>

Mayor Marchand reordered the agenda.

6.02 Discussion and direction regarding an accessible parking lot adjacent to the Bankhead Theater.

Recommendation: Staff recommended the City Council provide direction.

Assistant City Engineer Bob Vinn presented the staff report.

In response to questions by the City Council, Mr. Vinn said there would still be enough room to accommodate the bus shelter. Council had directed staff to explore this location only and confirmed this was a preliminary evaluation to determine feasibility and estimate a rough cost.

Mayor Marchand invited public comment.

Beth Wilson, Livermore, supported development of the accessible parking as soon as possible.

Jay Davis, Livermore, supported development of accessible parking throughout the Downtown.

Kelley Cousins, Tri-Valley Arts Center Committee, spoke about the feasibility study for that site.

Jeff Kaskey, Livermore, spoke about the site.

Lindsay Murray, Livermore, said a decision regarding this site should be delayed until after the PlaceWorks presentation at the November 27th meeting.

Jim Murray, Livermore, said a decision regarding this site should be delayed until after the PlaceWorks presentation at the November 27th meeting.

Allan Burnham, Livermore, said the proposed site was not a referendum on the hotel site or the learning center.

Lynn Seppala, Livermore, questioned the timing of this project and that a decision regarding this site should be delayed until after the PlaceWorks presentation at the November 27th meeting.

Jean King, Livermore, said all the different possibilities should be explored.

Denise Leddon, Livermore, Livermore Cultural Arts Council, spoke in support of an arts career center and the site should be used for that. She read a letter from Rajesh Khana supporting an arts career center.

Alex Gonzales, Livermore, spoke regarding the need to engage the youth in community projects and programs.

William Dunlop, Livermore, said he supported the proposal for the arts career center.

Craig Bueno, Livermore, spoke in support of the arts career center.

There were no more speakers.

NO ACTION WAS TAKEN.

6.01 Resolution accepting the Comprehensive Annual Financial Report and other annual reports for the fiscal year ended June 30, 2017.

Recommendation: Staff recommended the City Council adopt the resolution.

Administrative Services Director Doug Alessio presented the staff report.

Mayor Marchand invited public comment.

John Stein, Livermore, suggested including the ratio between the split between benefits and actual salaries paid to employees, and balance sheets should show the City's general assets vs liabilities.

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 2017-186 accepting the Fiscal Year 2016-2017 Comprehensive Annual Financial Report and other annual reports.

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.

CM Woerner received consensus from the City Council to receive a status update on the demolition of city-owned buildings located on the 8-acre Downtown catalyst site.

8.

ADJOURNMENT - at 11:34 pm to a regular City Council meeting on Monday, November 27, 2017 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:
JOHN P. MARCHAND, MAYOR

ATTEST:
SUSAN NEER, CITY CLERK