CITY COUNCIL

October 28, 2019
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CLOSED SESSION

CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor John Marchand at 6:30 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

ROLL CALL - Present: Mayor John Marchand, Vice Mayor Robert W. Carling, and Council Members Bob Coomber, Trish Munro, and Bob Woerner.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING CLOSED SESSION ITEMS.

There were no speakers.

ADJOURN TO CLOSED SESSION

1. Anticipated Litigation - Conference with Legal Counsel. To meet with the City Attorney pursuant to Government Code section 54956.9(d)(4) to discuss whether to initiate litigation. (One case)

2. Conference with Real Property Negotiator. To meet with Scott Lanphier and David Decoteau, the City's negotiators pursuant to Government Code section 54956.8, regarding the airport restaurant lease agreement approved on April 9, 2018, for a portion of the property located at 680 Terminal Circle, Livermore, California. The City negotiators may negotiate with Sanjeev Malhotra and Harmail Chatha on behalf of SAAB13, LLC. The instructions will concern the terms and conditions of the agreement and whether any changes should be made.

3. Conference with Labor Negotiator. To meet with Mayor Marchand, the City's negotiator, pursuant to Government Code section 54957.6 regarding negotiations for salary and compensation for Unrepresented Employee - City Manager.

4. Conference with Labor Negotiator. To meet with Mayor Marchand, the City's negotiator, pursuant to Government Code section 54957.6 regarding negotiations for salary and compensation for Unrepresented Employee - City Attorney.

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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 7:00 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

1.01 ROLL CALL - Present: Mayor John Marchand, Vice Mayor Robert W. Carling and Council Members Bob Coomber, Trish Munro, and Bob Woerner.

1.02 PLEDGE OF ALLEGIANCE

1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala said no reportable action was taken.

2.

PROCLAMATIONS AND PRESENTATIONS

2.01 Beautification Committee Annual Update.

2.02 Presentation of the 2019 Beautification Awards.

Mayor Marchand presented the awards.

2.03 Confirmation of advisory body appointments and reappointments and administration of oath of office to new members.

Airport Commission

Appointment of Adam Bertsch

Reappointment of Darin Bishop

Human Services Commission

Appointment of Marc Ross

Reappointment of Evan Branning

Reappointment of Eric Hom

Reappointment of Nicole Sardella

Reappointment of Marti Sutton

ON THE MOTION OF VM CARLING, SECONDED BY CM MUNRO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE ADVISORY BODY APPOINTMENTS.

3.

CITIZENS FORUM

1. Greg Scott, Livermore, thanked first responders for their help with local fires. Spoke regarding homelessness in Livermore.

2. Dennis Cardellini, Livermore, explained the effects of short-term rentals and requested City Council adopt regulations to control or eliminate short-term rentals.

3. Donna Griffith, Livermore, Spoke regarding the negative effects of short-term rentals in her neighborhood. She requested City Council do something to regulate short term rentals.

4. Lori Knezovich, Livermore, spoke regarding the lack of an ordinance governing short-term rentals. She asked that City Council enact an ordinance prohibiting short-term rentals of thirty days or less.

5. Nancy Bankhead, Livermore, explained that Inclusion Films filmed a play at the Bankhead Theatre over the weekend. She requested that City Council do something to show the film when it comes out in March, 2020.

6. Karl Wente spoke regarding good government.

4.

CONSENT CALENDAR

Item 4.01 - Karl Wente spoke regarding the magnitude of the consent calendar.

Item 4.06 - In response to concerns from CM Coomber regarding the project, Assistant Community Development Director, Eric Uranga confirmed that the conditions have not changed and the project will still be the same facility originally planned, with the same service providers, just a slight change in partnership.

Items 4.13 & 4.14 - Mayor Marchand highlighted that the City is taking action as a result of the recent virus attack to put systems in place that prevent future attacks.

Item 4.15 - Mayor Marchand stated Saturday, November 2nd, the City will be celebrating 150 years of Cityhood at the new Emergency Operations Center and meeting facility.

ON THE MOTION OF CM MUNRO, SECONDED BY VM CARLING, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

4.01 Introduction of an ordinance amending Municipal Code Title 15, Building and Construction, by adopting and amending the new 2019 editions of the California Building, Electrical, Mechanical, Plumbing, Residential and Green Building Standards Codes, the 2018 edition of the International Property Maintenance Code, the 2019 California Fire Code. The effective date of the ordinance will be January 1, 2020.

4.02 Resolution 2019-163 appropriating $400,000 of Sewer Replacement Funds in Fiscal Year 2019-20 for the Water Reclamation Plant Hypochlorite Mixer Replacement, Project No. 2012-13.

4.03 Resolution 2019-164 appropriating $120,000 of Stormwater Enterprise Funds in Fiscal Year 2019-20; accepting for permanent maintenance and releasing security bonds for the 2018 Storm Drain Trash Capture, Project No. 2010-30.

4.04 Resolution 2019-165 appropriating $255,000 of Stormwater Enterprise Funds in Fiscal Year 2019-20; and authorizing execution of change orders with D-Line Constructors up to a cumulative not to exceed amount of $311,000 for the SMP Annual Projects, Project No. 2013-23.

4.05 Resolution 2019-166 appropriating $50,000 of Airport Enterprise Funds in Fiscal Year 2019-20 and authorizing the execution of an agreement with the lowest responsive and responsible bidder, in an amount not to exceed $156,000, for construction of the Runway 07L/25R Grooving, Project No. 2020-18.

4.06 Resolution 2019-167 authorizing and ratifying the application for, and approving the commitment of, up to $4,743,935 of the City's base city allocation of Alameda County Measure A1 Countywide Housing Bond to MidPen Housing or its controlled affiliate for the development of the 44-unit special needs housing project located at 4260 First Street.

4.07 Resolution 2019-168 authorizing execution of an agreement with Myers & Sons Construction, LLC, in an amount not to exceed $2,161,000, for construction of the Water Reclamation Plant Emergency Generator, Project No. 2015-22.

4.08 Resolution 2019-169 approving a purchase and sale agreement with Charlotte B. Lewis, John B. Lewis, William Bireley, Jerrod O. Bireley, Janet R. Buckley, Thomas E. Chance, and Kathleen Garrett, allowing the acquisition of certain portions of property located at 2038 and 2044 First Street (APN 097-001-022 and 097-001-030), and authorizing execution of appropriate documents.

4.09 Resolution 2019-170 authorizing execution of an agreement with TPR Traffic Solutions, in an amount not to exceed $350,000, for traffic control services at the San Francisco Outlet Mall for the period of November 1, 2019 through October 31, 2021.

4.10 Resolution 2019-171 authorizing execution of an Exclusive Negotiating Rights Agreement with Montecito Development Company, LLC, for development of the Airport's 1.2 acre parcel at Kitty Hawk Road and Airway Boulevard.

4.11 Resolution 2019-172 authorizing execution of project and program grant agreements with: Livermore Art Association, in the amount of $4,000; Livermore Valley Opera, in the amount of $10,000; Livermore Valley Performing Arts Center, in the amount of $5,450; Only Up LLC, in the amount of $10,000; Pacific Chamber Orchestra, in the amount of $10,000; and Toby Bielawski and Richard Dry, in the amount of $5,000.

4.12 Resolution 2019-173 making findings regarding the continuing need for unexpended balances of Development Impact Fees as of June 30, 2019 and accepting the Annual Report of Development Fee and Connection Fee Revenues and Expenditures for Fiscal Year 2018-19.

4.13 Resolution 2019-174 authorizing an addendum to the Microsoft Software Licensing Enterprise Master Agreement through SoftwareOne Systems, Inc., in an amount not to exceed $150,000, to convert in-house Exchange email and Office Suite licenses to cloud based Office 365 licenses.

4.14 Resolution 2019-175 authorizing execution of an addendum to the Master Agreement with Kroll Cybersecurity, LLC in an amount not to exceed $155,000, to add a new scope of work converting current monitoring services and related software to ongoing licensing and monitoring coverage.

4.15 Resolution 2019-176 approving the naming of the Civic Center Emergency Operations Center and Meeting Room in honor of William Mendenhall.

5.

PUBLIC HEARINGS
5.01 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 $25.37 to $28.52 per square foot pursuant to the City's Affordable Housing Fee Ordinance.

Recommendation: Staff recommends the City Council adopt a resolution:

1. Establishing new maximum income limits for extremely low, very low-, low-, median- and moderate-income households, which shall apply to the City's first-time homebuyer and affordable rental programs;

2. Establishing maximum for-sale housing prices for the 2020 Affordable Housing Program and updated annual rent limits for City-restricted affordable units; and

3. Updating the Affordable Housing Fee for residential for-sale development to $28.52 per square foot.

City Staff, Frances Reisner, Housing Program Manager provided a presentation.

In response to VM Carling, Mrs. Reisner clarified that typically a developer began paying fees when the project applies for a building permit.

In response to questions from CM Coomber, City Manager Marc Roberts explained impacts and process for fees adopted locally. Currently, fees are set up to recover the costs directly incurred by the City.

Mayor opened public hearing.

1. Greg Scott, Livermore, spoke regarding the cost of housing going up for low-income rentals. He also spoke regarding the need to do more for the homeless population in Livermore related to the unaffordable costs of housing.

Mayor closed the public hearing.

Mayor Marchand spoke regarding the need for a funding source to support the homeless and that City Council is committed to exploring strategies that will help solve the homeless problem.

Mayor Marchand spoke regarding a letter City Council members received from a developer that requested a cap on fees. He requested a discussion regarding a fee cap (currently up to $200,000) the next time this item comes before Council.

Council Member Woerner requested that staff provide a chart with comparisons of fees imposed by neighboring Cities the next time the item comes before Council.

CM Munro spoke regarding affordable housing; she acknowledged that the medium housing costs were incredibly high, and the City needed to address the issue. She expressed support for the item but frustration regarding how the City funds affordable housing. She stated that the City could not solve the issue alone but by engaging the state and federal government.

Mayor Marchand gave Kudos to staff regarding the use of Community Development Block Grant (CDBG) funds.

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

Resolution 2019-177 establishing the affordable housing for-sale prices, rental routes, maximum income limits, and affordable housing in-lieu fee.

6.

MATTERS FOR CONSIDERATION
6.01 2020-2025 Economic Development Strategic Plan.

Recommendation: Staff recommends the City Council receive the 2020-2025 Economic Development Strategic Plan.

Adam Van de Water, Office of Innovation and Economic Development (OIED) Director, presented the Strategic Plan.

Mayor Marchand invited public comment:

1. Greg Scott, Livermore, spoke regarding the importance of agriculture in the future. He also spoke regarding how much carbon dioxide has entered the environment by commuters.

2. Lori Souza, Tri-Valley Conservancy, requested a partnership with the City to initiate a retrospective review and assessment of the South Livermore Valley Area Plan in order to provide direction for the next 25 years.

3. Karl Wente spoke regarding agriculture, water and strategic planning. He also spoke regarding homelessness.

VM Carling requested that measureable metrics be created to provide a better understanding of when goals are achieved.

In response to VM Carling, Mr. Van de Water, stated that staff would develop key performance indicators for the future based on the strategic plan. Mr. Roberts added that staff used the strategic plan to set high-level goals that would encourage additional input from City Council.

CM Woerner expressed a desire to see additional numerical and date goals that would help the City Council understand realistic timeframes for the projects presented.

CM Munro expressed appreciation for understanding what populations in the community were represented. She also agreed about the need for measurable data and wanted to understand what was working in the community and what was not. She spoke regarding restorative agriculture, the City's potential involvement, and encouraged staff to think about not only what we have but where we are going.

CM Coomber thanked staff for their effort and looked forward to measureable results.

Mayor Marchand spoke regarding technology in agriculture and that while Livermore was still an agricultural community the jobs have changed as technology has evolved. He looked forward to seeing how the strategic plan comes together.

6.02 Resolution accepting the Fiscal Year 2018-19 Comprehensive Annual Financial Report (CAFR) and other annual reports.

Recommendation: Staff recommends the City Council adopt the resolution.

Administrative Services Director, Doug Alessio, provided the presentation to City Council.

In response to questions from CM Munro, Mr. Alessio clarified that changes in revenues and expenditures were not unexpected.

In response to questions from CM Woerner, Mr. Roberts spoke regarding the need to monitor what, when, and how discretionary projects are built and paid for.

In response to questions from CM Woerner, Mr. Alcala clarified the importance of not classifying consultants as employees. Mr. Roberts stated that staff would look at how consultants could be categorized in different ways.

In response to questions from CM Woerner, Mr. Alessio spoke regarding rising interest rates and the need to move towards fixed rate obligations.

In response to questions from CM Woerner, Mr. Alessio spoke regarding the City's substantial contribution to the Bankhead Theatre. Mr. Roberts stated that it was difficult to display that the theatre would not exist without the City's participation. CM Woerner asked that staff look into quantifying the City's contribution to the Bankhead.

In response to questions from Mayor Marchand, Mr. Alessio clarified that the City is about $100,000 behind in finances needed to repair the theatre but if interest rates stay strong the City should make up some of that money.

Mr. Roberts clarified that the City has successfully kept its commitment to catch up payments during the last five years.

CM Munro spoke regarding the City being good financial stewards and was impressed with the thoughtful attention to finances.

In response to CM Munro, Mr. Roberts explained that the City hopes to do more to communicate the City's positive role in the success of the Bankhead.

Mayor Marchand commented on the value of other organizations being able to use the Bankhead building because the City owns it.

1. Alan Burnham spoke regarding how confusing the finances of the Bankhead Theatre were. He requested that the City present it in a clear way for average citizens.

CM Woerner, CM Munro and VM Carling agreed with Mr. Burnham that the messaging regarding the Bankhead Theatre could be clearer.

In response to questions by VM Carling, Mayor Marchand stated that the San Francisco Chronicle newspaper published an article ranking the City #254 in fiscal stability of Cities in California. CM Woerner clarified that the report does not take into account the future needs of capital improvements.

Mayor Marchand agreed that the relationship between the City and the Bankhead is confusing. He clarified that the City does work closely to support the Arts and encouraged all 28 cultural arts organizations to work together in a coordinated effort.

CM Coomber thanked Mr. Alessio for his work on the CAFR.

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 2019-178 accepting the Fiscal Year 2018-19 Comprehensive Annual Financial Report (CAFR) and other annual reports.

6.03 Consideration of request to display POW-MIA Flag for week of November 8-15, 2019.

Recommendation: Staff recommends City Council adopt a resolution authorizing the flag display.

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

Resolution 2019-179 authorizing the display of the POW-MIA Flag for week of November 8-15, 2019.

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

7.01 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members.

Short-Term Rental Properties Council directed staff to bring back information related to short-term rentals in the first quarter of 2020. Mayor Marchand noted other ordinances, like the noise ordinance, could be used to help mitigate some of the disturbances currently being experienced by residents.

League of California Cities Annual Conference CM Munro and VM Carling noted their attendance October 16th - 18th and spoke regarding the importance of topics such as inclusivity, wealth gaps, millennials shaping future culture, and corporate/social responsibility.

California Census 2020 Noted the importance of residents participating in the Census so all populations would be represented.

Livermore Pride Festival CM Munro, CM Woerner and Mayor Marchand noted their attendance on October 19, 2019.

Police Department Swearing-in Ceremony CM Munro, VM Carling, and Mayor Marchand noted their attendance on October 21st at the swearing in and promotion ceremony for Livermore Police Department.

Fire Department Swearing-In Ceremony CM Munro and CM Woerner noted their attendance October 24th at the Livermore-Pleasanton Fire Department swearing-in and promotional ceremony.

East Bay Community Energy (EBCE) CM Munro met with Assembly Member Rebecca Bauer-Kahan to discuss the future of the agency.

Tri-Valley Anti-Poverty Collaborative CM Munro and VM Carling noted their attendance at the meeting on affordable housing on October 24, 2019.

Tri-Valley Transportation Council (TVTC) CM Munro met with the Council on October 24, 2019 to discuss the Faster Bay Area Bill coming soon.

Tri-Valley Transportation Council (TVTC) Mayor Marchand expressed concern that 'gig employees' working as consultants don't have pensions and won't have resources as they approach retirement.

West Side Hotel in response to questions from CM Woerner, City Attorney Jason Alcala clarified that the current disposition and development agreement with Presidio does not prevent the City from receiving and discussing information regarding a west side hotel.

West Side Hotel Letter City Council directed staff to write a letter to Joan Seppela and Jean King requesting that they submit information to the City that would typically be received for a new hotel development and then bring a recommendation to Council. Information requested should include a site map, information on traffic flow and parking, and information on a hotel developer and hotel brand ready to participate.

Measure of Hotel Quality City Council directed staff to provide a report regarding how hotel quality is measured to better understand how Presidio Hotel ranks on the quality spectrum.

Renewable Diesel Fuel City Council directed staff to provide a memo regarding whether renewable diesel fuel would be a cost saving for fleet vehicles.

American Legion 100 Year Anniversary Pleasanton, Veterans Memorial Hall

StopWaste.org VM Carling noted his and CM Munro's attendance at the October 23rd energy council meeting.

Open Heart Kitchen VM Carling noted his attendance on October 24th helping to serve 75 meals with Open Heart Kitchen

Diwali Festival of Lights at the Bankhead Mayor Marchand noted his attendance on October 24th.

Alameda County Transportation Commission Mayor Marchand noted his attendance at the October 24th Commission meeting.

South Livermore Valley Area Plan Review City Council directed staff to look into conducting a new plan review.

8.

ADJOURNMENT - 10:16 pm to a regular City Council meeting on November 25, 2019 at 7:00 pm, Council Chambers, 1016 S. Livermore Avenue, Livermore.
9.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

SARAH BUNTING, CITY CLERK