November 23, 2015
CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor John Marchand at 6:45 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.
ROLL CALL - Present: Mayor John Marchand, Vice Mayor Laureen Turner, and Council Members Stewart Gary, Steven Spedowfski, and Bob Woerner.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING CLOSED SESSION ITEMS.
City Attorney Jason Alcala stated pursuant to Government Code section 54956.9(e)(2), the closed session discussion related to a building permit erroneously issued for 1332 Lakeland Drive and correspondence between the City and the homeowners attorney Armand Estrada.
ADJOURN TO CLOSED SESSION
1. 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.
§ 54956.9(e)(2) - Facts and circumstances, including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs.
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 Laureen Turner, and Council Members Stewart Gary, Steven Spedowfski, and Bob Woerner.
1.02 PLEDGE OF ALLEGIANCE
1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION
City Attorney Jason Alcala said there was no reportable action.
2. PROCLAMATIONS AND PRESENTATIONS PROCLAMATIONS AND PRESENTATIONS
2.01 Confirmation of advisory body appointments and reappointments, and administration of oath of office to new members.
Appointment of Ralph Cloud to a regular term ending November 1, 2019
Reappointment of Reece Wollard to a regular term ending November 1, 2019
Appointment of John Daubenspeck to an unexpired term ending June 1, 2019
Human Services Commission
Reappointment of Diana Carey to a regular term ending November 1, 2019
Reappointment of Sherry Ramirez to a regular term ending November 1, 2019
Reappointment of Wendy Weathers to a regular term ending November 1, 2019
Livermore Area Youth Advisory Commission - Youth Member
Appointment of Cheryl Stanley to an unexpired term ending September 1, 2017
ON THE MOTION OF VM TURNER, SECONDED BY CM GARY AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS.
City Clerk Susan Neer administered the oath of office to Ralph Cloud, John Daubenspeck, and Cheryl Stanley.
2.02 Airport Commission Annual Update.
Airport Commission Chairperson Dennis Vied presented the annual update.
3. CITIZENS FORUM
John Stein, Livermore, spoke regarding the Isabel Neighborhood Workshop.
Natalia Smeltsova, Livermore, spoke regarding the Springtown Golf Course.
Nancy Thorne, Livermore, spoke regarding the Springtown Golf Course.
Stacey Swanson, Livermore, spoke regarding the Springtown Golf Course.
Sue Vincent, Livermore, spoke regarding the Springtown Golf Course.
Gail Travers, Livermore, spoke regarding the Springtown Golf Course.
Betty Murillo, Livermore, spoke regarding the Springtown Golf Course.
Connie Kopps, Livermore, spoke regarding a housing project in Springtown.
Jason Bezis, Lafayette, spoke regarding Assembly Bill 1107 and the transportation sales tax distribution to Livermore.
Carole Hilton, Livermore, spoke regarding the Springtown Golf Course.
Gary Swinscoe, Livermore, spoke regarding the Springtown Golf Course.
In response to questions by Mayor Marchand, City Manager Marc Roberts confirmed that no Measure B or Measure BB funds were spent on transportation outside of Alameda County.
4. CONSENT CALENDAR CONSENT CALENDAR
Item 4.04 City Manager Marc Roberts presented the staff report. In response to questions by CM Spedowfski, Mr. Roberts said the request was being made by a private individual with property on the far side of the urban growth boundary. He said it was staffs understanding that the urban growth boundary would not move; the existing exemption which allowed sewer service for commercial uses in south Livermore would be expanded to allow uses that were not immediately contiguous to the City boundary and would allow permitted residential on 20-acre parcels consistent with the plan. In response to questions by Mayor Marchand, Public Works Director Darren Greenwood said the proposal included six parcels that were residential estate vineyards.
Jean King read a letter from Lee Younker, Friends of Livermore, regarding an amendment to the proposal.
Item 4.07 Jason Bezis, Lafayette, spoke regarding the relocation of the depot.
In response to questions by Mayor Marchand, Project Manager Rosy Ehlert said this was a federally funded project through the Metropolitan Transit Commission. She said because the depot was being used as part of the LAVTA ticket office and being realigned next to the railroad tracks as was originally designed for, the City was able to secure the grant funds for the project.
Mayor Marchand requested that a historic plaque recognizing the significance be placed on the site.
IT WAS MOVED BY VM TURNER, SECONDED BY CM WOERNER TO APPROVE THE CONSENT CALENDAR.
AN AMENDING MOTION WAS MADE BY CM SPEDOWFSKI, SECONDED BY CM GARY TO AMEND ITEM 4.04 AS FOLLOWS:
The third recital for the resolution be amended to read: Before formally requesting an Out of Area Agreement from the City of Livermore, the project applicant will be pursuing a ballot measure in June 2016 to amend an exemption to the City of Livermore Urban Growth Boundary that would allow the City to provide sewer service to the project, but is not intended to change the existing boundary limits.
THE AMENDING MOTION CARRIED ON A 5-0 VOTE.
THE MAIN MOTION CARRIED ON A 5-0 VOTE AND THE CONSENT CALENDAR WAS APPROVED.
4.01 Adoption of Ordinance 2031 amending Municipal Code Chapter 12.51, Art in Public Places Program, to remove Section 12.51.110 - Sunset.
4.02 Introduction of an ordinance amending Municipal Code Chapter 13.32, Wastewater Collection and Treatment, updating language used to identify City facilities and personnel, and to define implementation and enforcement of the City's Fats, Oils and Grease program.
4.03 Introduction of an omnibus ordinance adopting modifications to the Livermore Municipal Code to update references; strike outdated terms; add additional references; clarify existing provisions; and to make additional technical or non-substantive corrections.
4.04 Resolution 2015-163 authorizing the City Manager to request that the Livermore Amador Valley Water Management Agency consider an exemption to the Joint Exercise of Powers Agreement to allow the City of Livermore to provide sewer service to the proposed Beyer Ranch project.
4.05 Resolution 2015-164 authorizing execution of an agreement with Joseph Murphy Construction, Inc., in the amount of $297,700, for construction of the three roof repair projects at the Rincon and Civic Center Libraries and the Police Department building. Project Numbers 2016-21, 2014-26 and 2015-17.
4.06 Resolution 2015-165 authorizing execution of the Subdivision Improvement Agreement with Shea Homes Inc., approving Tract 8121 Final Map for recording; accepting Tract Map 8121, Sage Phase 1; and rejecting Fennel Way, Sandalwood Drive, Tranquility Circle, Parcel D, Public Trail Easement, Public Utility Easement, Emergency Vehicle Access Easement, Sanitary Sewer Easement, and Water Line Easement, reserving the right to accept the offer at a future date.
4.07 Resolution 2015-166 authorizing execution of a Right of Entry, Lease and Sale of Land, and Terms of Depot Building Lease Agreement with Livermore-Amador Valley Transit Authority for the Railroad Depot Relocation, Project No. 580-001.
4.08 Resolution 2015-167 authorizing execution of the master contract with the Alameda County Probation Department for services at the Horizons Family Counseling Center for the term of July 1, 2015 to June 30, 2016.
4.09 Resolution 2015-168 of intention to form Community Facilities District No. 2016-1, Sage Maintenance (CFD), and setting the Public Hearing date for January 11, 2016, to consider formation of the CFD.
5. PUBLIC HEARINGS - None.
6. MATTERS FOR CONSIDERATION MATTERS FOR CONSIDERATION
6.01 Discussion and direction regarding City Council appointments to Intergovernmental Agencies. None.
6.02 Appointment of Vice Mayor.
Recommendation: Staff recommended the Mayor appoint a Vice Mayor.
Mayor Marchand appointed Council Member Stewart Gary to serve as Vice Mayor. Mayor Marchand presented a plaque honoring and thanking outgoing Vice Mayor Laureen Turner for her service for the past year.
6.03 Discussion and direction regarding amending the City-Wide Economic Incentives Program.
Recommendation: Staff recommended the City Council adopt a resolution amending the City-Wide Economic Incentives Program to update and refine program elements to facilitate implementation.
Economic Development Manager Catherine Ralston presented the staff report.
ON THE MOTION OF CM TURNER, SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2015-169 adopting a new City-Wide Economic Incentives Program.
6.04 Discussion and direction regarding the extension of the Development Agreement with Adventus Corporation for the development of the Catholic High School Project located at 3658 Las Colinas Road. (DA15-004).
Recommendation: Staff recommended the City Council adopt a resolution authorizing a five-year extension of the Development Agreement with Adventus Corporation for development of the Catholic High School Project.
City Manager Marc Roberts presented the staff report.
Mayor Marchand invited public comment.
Patrick Kernan, Kingley Bogard, Folsom, spoke in support of the five year extension of the development agreement.
Marshall Kamena, Livermore, spoke in support of the five year extension of the development agreement.
ON THE MOTION OF CM TURNER, SECONDED BY VM GARY AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2015-170 authorizing a five-year extension of the development agreement between the City of Livermore and Adventus Corporation for development of the Catholic High School Project.
6.05 Discussion and direction regarding pending State or Federal legislation. None.
7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS 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.
Downtown Request for Proposals City Manager Marc Roberts reported that multiple proposals had been received consisting of eight for residential development, three for hotel only, and three additional proposals that included a combination of residential, retail, and a hotel use. He said the proposals were being evaluated by the consultant for responsiveness; qualified proposals would be presented at a series of public community workshops in 2016. He said the results of the parallel RFP by the citizen group had not yet been submitted to staff.
Livermore Amador Valley Transit Authority (LAVTA) CM Spedowfski said on November 23, 2015, he attended the Projects and Services Committee; he announced that Wheels now accepted the Clipper Card.
Alameda County Mayors Conference Vice Mayor Gary said on November 12, 2015, he attended the conference.
Assembly Bill 1107 Vice Mayor Gary requested and received consensus from the Council to receive an informational memo regarding claims made regarding the 1978 action as stated in material received during Citizens Forum.
South Livermore Valley Plan Vice Mayor Gary requested and received consensus from the Council regarding future sewer or increased requests for sewer and whether the County planning process could subdivide a 20-acre parcel or approve an intensification of commercial use that would be more than a trickle of wastewater.
Intergovernmental Committee CM Woerner said in November 2015 he attended the meeting. He said there should be an informational memo issued on how the City, school district, and park district would work together should the Springtown Golf Course be permanently closed. City Manager Marc Roberts said that information would be included in the December 7, 2015, staff report.
Alameda County Mayors Conference CM Turner said on November 12, 2015, she attended the conference.
League of California Cities (LOCC) CM Turner said on November 18-19, 2015, she attended the League Leaders event that included a review of legislative priorities for 2015 and developing strategic goals for 2016. She said on November 23, 2015, she attended the East Bay Executive Committee planning meeting for 2016.
Lawrence Livermore National Laboratory (LLNL) Mayor Marchand said on October 28, 2015, he attended the Community Gift Program.
Bay Area Council Mayor Marchand said on October 28, 2015, he attended the 70th Anniversary dinner.
Livermore Cultural Arts Council (LCAC) Mayor Marchand said on November 4, 2015 he attended the meeting.
ACE Board Meeting Mayor Marchand said on November 6, 2015, he attended the meeting in Stockton; there was a BART presentation.
Alameda County Transportation Commission (ACTC) Mayor Marchand said on November 9, 2015, he attended the I-580 Express Lane Policy Advisory Committee meeting and the Planning and Policy Legislative Committee meeting. He said the I-580 express lanes were scheduled to open February 2016.
Local Agency Formation Commission (LAFCo) Mayor Marchand said on November 12, 2015 he attended the meeting. There was a review of the fire protection sphere of influence. He said on November 13, 2015 he attended the Board of Directors meeting as the representative for the California LAFCo region.
Regional Water Quality Control Board Mayor Marchand said on November 18, 2015, he and CM Spedowfski attended the meeting.
Tri-Valley Community Television Mayor Marchand said on November 19, 2015, he attended the Board of Directors meeting. There was discussion regarding the potential for a retirement plan for the staff.
Volunteer Appreciation Fiesta Mayor Marchand said on November 19, 2015, he attended the dinner honoring Livermore Police Department volunteers.
Public Art Mayor Marchand requested and received consensus from the Council to revisit the proposal for the donation of a decommissioned Learjet to be used as public art at the Livermore Airport. VM Gary suggested that other historical facts be included as part of the art project.
8. ADJOURNMENT ADJOURNMENT - at 8:42 pm to a special City Council meeting on Monday, December 7, 2015, at 7:00 pm, Elks Lodge, 940 Larkspur Drive, Livermore; and a regular City Council meeting on Monday, December 14, 2015, at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.
JOHN P. MARCHAND, MAYOR
SUSAN NEER, CITY CLERK