CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:01 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
City Clerk Susan Neer said the Supplemental Materials submitted to the Council included the updated ordinance for Item 4.02 - Adoption of ordinance amending the Zoning District Map - Zoning District Map Amendment 16-001 - Redevelopment of Sonoma School site to construct 54-single-family detached homes. She said the amendments made by Council were included in the ordinance.
PROCLAMATIONS AND PRESENTATIONS
2.01 Poet Laureate Annual Update.
Poet Laureate Kevin Gunn presented the annual update.
2.02 Proclamation declaring March 2017 Livermore Retail, Hospitality, and Tourism Month.
Mayor Marchand presented the proclamation to Rachael Snedecor, Livermore Downtown Inc.
Bruce Shore, Livermore, spoke regarding the closing of the Casbah Mediterranean Café on First Street.
Connie Kopps, Livermore, spoke regarding Springtown and said Springtown should be looked at as a whole.
Dean Burnett, Livermore, spoke regarding the disrepair of sidewalks, broken down walls and debris along Holmes Avenue between Alden Lane and Concannon.
In response to questions by Mayor Marchand, Community Development Director Paul Spence said part of the challenge of repairing the decorative walls was that the property behind the wall was private property and the property owners needed to repair their portion before the City could proceed. City Attorney Jason Alcala said this was not under the City's control. Staff had been working with various insurance companies to rectify the situation; however, responses had not been satisfying to the City and there could be litigation to move this on to the next step. He said the property owners needed to maintain their property where their slopes were encroaching.
Nancy Bankhead, Livermore, spoke regarding programs at the Bankhead Theater.
David McGuigan, Livermore, continued speaking about his arrest by the Livermore Police Department and asked the Mayor and Council several questions.
Mayor Marchand called for a point of order.
City Attorney Jason Alcala said the purpose of Citizens Forum was for any member of the public to address the City Council on any matter within subject matter jurisdiction. The City Council was not in a position to answer questions unless they so choose. This was not a question and answer period. He said Mr. McGuigan should contact the Chief of Police to ask his questions.
John Stein, Livermore, spoke regarding the City's campaign ordinance and said the City should eliminate the campaign contribution limit and default to the state limit, but keep the reporting requirements.
Mayor Marchand removed items 4.01 and 4.02 from the Consent Calendar for separate discussion and action.
ON THE MOTION OF VM SPEDOWFSKI, SECONDED BY CM COOMBER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED ITEMS 4.03 THROUGH 4.08 ON THE CONSENT CALENDAR.
4.03 Resolution 2017-016 approving the Altamont Settlement Agreement Education Advisory Board Expenditure Plan for Fiscal Year 2017/2018.
4.04 Resolution 2017-017 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: First Street and Portola Avenue (Taylor Morrison Tract 7633 Portola).
4.05 Resolution 2017-018 accepting improvements for permanent maintenance; accepting all real property offered for dedication including, Public Utility Easement, Emergency Vehicle Access Easement, Storm Drain Easement, and Public Access Easement; and authorizing release of security. Location First Street at Inman Street (Taylor Morrison Tract 8114).
4.06 Resolution 2017-019 accepting for permanent maintenance and releasing of security for the Annual Crosswalk Safety and Miscellaneous Traffic Improvements at Various Locations, Project No. 2015-06.
4.07 Resolution 2017-020 accepting the real property designated as Rebecca Drive offered for dedication with Tract 6931.
4.08 Resolutions 2017-021 and 2017-022 authorizing execution of the first amendment to the agreement with Gil's Consulting to increase the not-to-exceed amount from $100,000 to $160,000; and authorizing execution of the second amendment to the agreement with SNG Associates, Inc. to increase the not-to-exceed amount from $200,000 to $270,000 for on-call plan review services.
4.01 Approval of minutes January 23, 2017 regular City Council meeting; January 26, 2017 Special Meeting Workshop; and February 9, 2017 Special City Council meeting.
Susan Junk, Livermore, said the minutes of the meeting should include what people actually say.
Jason Bezis, Lafayette, spoke regarding his specific comments made regarding the train depot at the January 23, 2017 meeting.
In answer to questions by Mayor Marchand, Community Director Paul Spence said at that time low-income housing funds were used to acquire the property because it was assumed that there would be some affordable housing on the site. He said if low-income housing was not put on that site, then the funds would need to be returned.
In answer to questions by Mayor Marchand, City Clerk Susan Neer stated the minutes were action minutes to capture the official actions taken by the Council. She added that the approved minutes were linked to the video of the meeting and available on the City website. Those interested in hearing exactly what was said at the meetings, could access the linked minutes.
ON THE MOTION OF VM SPEDOWFSKI, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED ITEM 4.01 APPROVAL OF MINUTES - JANUARY 23, 2017 REGULAR CITY COUNCIL MEETING; JANUARY 26, 2017 SPECIAL MEETING WORKSHOP; AND FEBRUARY 9, 2017 SPECIAL CITY COUNCIL MEETING.
4.02 Adoption of an ordinance amending the Zoning District Map. Zoning Map Amendment 16-001 - Redevelopment of Sonoma School site to construct 54 single-family detached homes.
Maria Carlamagno, Livermore, spoke in opposition to adoption of the ordinance rezoning the Sonoma School site and that high-density housing should not be built in her neighborhood. She said it was a poor decision by the Council.
Dorothy Finney-Slade, Livermore, spoke in opposition to adoption of the ordinance rezoning the Sonoma School site and against homes being built on their neighborhood park and sports field.
In response to questions by Mayor Marchand, Community Development Director Paul Spence said all governmental entities were given the opportunity to purchase the Sonoma School site. He confirmed that the park district was not interested in putting a park on that site; the school district had impaneled a property advisory committee to look at all the properties to determine which should be surplused pursuant to State requirements.
Jason Bezis, Lafayette, spoke in opposition to adoption of the ordinance rezoning the Sonoma School site. He provided a historical background and said there should be some type of monument placed at the site.
Scott Roylance, Vice President, William Lyon Homes, expressed appreciation to the Council for its support of the project.
ON THE MOTION OF CM CARLING, SECONDED BY CM COOMBER AND CARRIED ON A 4-1 VOTE, VM SPEDOWFSKI VOTING NO, THE CITY COUNCIL ADOPTED THE FOLLOWING ORDINANCE:
Adoption of ordinance 2049 amending the Zoning District Map. Zoning Map Amendment 16-001 - Redevelopment of Sonoma School site to construct 54 single-family detached homes.
5. PUBLIC HEARINGS - None.
MATTERS FOR CONSIDERATION
6.01 Discussion and direction regarding establishing a Steering Committee to provide direction on Downtown Planning; and direction to distribute a Request for Proposal for consulting services to facilitate the Steering Committee and community outreach.
Recommendation: Staff recommends the City Council provide direction.
Planning Manager Steve Stewart presented the staff report.
In response to questions by CM Carling, Mr. Stewart confirmed that representatives from Livermore Valley Performing Arts Center and Innovation Tri-Valley could be added to the list of participants. He said the Steering Committee could be appointed and conduct preliminary business prior to the hiring of a facilitator.
VM Spedowfski said a downtown property owner should be included and suggested Sherry Nigg would be a very good person to include on the committee.
CM Woerner said the committee should be kept a manageable size and not to have too many groups with the same perspective.
In response to questions by CM Coomber, City Attorney Jason Alcala said a Council sub-committee would be a committee formed by the Mayor with two members. He said an Advisory Body is created by the City Council and there is a great deal of latitude as far as the population of the body. He said the committee outlined in the staff report that included Council Members and those outside the Council would be a legislative body and a Brown Act body. In this situation, the Mayor would be the one to appoint the City Council representatives.
Mayor Marchand invited public comment.
Jeff Kaskey, Livermore, spoke in support of the committee. He said this would give voice to Livermore's citizens and solicit continued involvement to help create a process that the public would support.
John Stein, Livermore, said the public needed to be involved early on, there needed to be workshops and some over-arching goals provided by the community to help guide the process. He said downtown residents should be included.
Maryann Brent, said she was concerned about the composition of the committee and that Livermore property owners and residents needed to be included in the process.
Andrew Barker, Livermore, said the proposed committee reflected one particular view of Livermore and what it should be. He said the committee needed to include fair representation from all of Livermore.
Tom Jefferson, Livermore, said this process reminded him of the movie "Groundhog Day" and the entire Council should appoint the participating Council Members, not just the Mayor making the appointment.
Rachael Snedecor, Downtown Livermore Inc., read a letter from the Winegrowers Association supporting the prioritization of the hotel and parking, the creation of the committee and inclusion of the Winegrowers' Association on the committee. Ms. Snedecor spoke in support of moving forward with the number one concern of Downtown, which was parking.
Jan Brovant, Livermore, spoke in support of VM Spedowfski, CMs Carling and Coomber being on the committee. She asked the status of the Downtown Plan traffic study.
Dawn Argula, Livermore Valley Chamber of Commerce, said the Chamber supported the establishment of the committee and the hotel. She said the Chamber strongly recommended the process for the hotel be on a separate track from the committee and allowed to continue moving through the City's process.
Chester Moore, Livermore, said he did not support formation of the committee and there should be workshops that included all of Livermore. He submitted a list of priority rankings for the downtown.
Bill Dunlop, Livermore, Chair of the Community Group, spoke in support of the committee and appreciation of being included.
Jean King, Livermore, said LVPAC should be included in the committee. LVPAC and the community group had been involved in a lot of community things for a long time with many parts of the community and have represented the community very well.
Drew Felker, Livermore, Co-Founder of Livermore Rising, said this group represented the younger people of Livermore and should be included on the committee.
Splend Sblendorio, Livermore, representing Dale Kaye, Innovation Tri-Valley, expressed her gratitude for consideration of being part of the committee. He expressed concern for the younger people who live and work in Livermore.
Jason Bezis, Lafayette, said the entire plan did not need to be thrown out but the entire community needed to be included in the process. He spoke regarding the train depot, funding for the project and Wagoner Winery.
CM Carling called for a point of order stating Mr. Bezis was off-topic.
City Attorney Jason Alcala asked Mr. Bezis to hold his comments for a moment. He reminded him that Council already had Citizens Forum and requested him to speak to the item being considered with regard to the formation of the committee to address the Downtown development.
An on-going discussion pursued.
There were no more speakers.
Mayor Marchand said at the Goal Setting Workshop, the Council decided to split the Downtown issue into two parts, the first part being the hotel and parking. With respect to the committee, the first charge would be to bring back a recommendation on the hotel location, and then parking. He said the Council and Planning Commission needed to be included on the committee, and as Mayor, he recommended CMs Carling and Woerner, and immediate past Chair Gina Bonanno and Vice Chair Erik Bjorklund. He included the Livermore Cultural Arts Council, Livermore Downtown Inc., Innovation Tri-Valley, Chamber of Commerce, Winegrowers' Association, and Friends of Livermore.
VM Spedowfski supported past Chair Bonanno and suggested including senior Commissioner Loretta Kaskey. He recommended Arts Commissioner Johal or Clements, Historic Preservation Committee Chair Jeff Kaskey, Livermore Rising and a downtown resident. He suggested the formation of a specific finance committee to identify all financing options to help guide the committee through the planning process.
CM Carling supported including younger folks on the committee. He said certain points needed to be identified as to what were the options and the costs. He said for the record, he resigned from the Livermore Valley Performing Arts Center board when he was elected.
CM Coomber said he agreed with the comments made by VM Spedowfski and CM Carling. He said the committee would be a filter to get ideas stratified and present to the community as what was achieved, accomplished and determined. The committee should represent a wider selection to include younger generations to help provide affordable living for them.
CM Woerner said the past workshops had been chaotic. He supported a finance sub-committee. He said there was a developer with money and willingness for a hotel so a timely decision needed to be made so not to lose that opportunity.
Mayor Marchand said there was someone who has proposed a hotel in the downtown, which had been suggested as being the first part of the charge for the committee. He said that would include the hotel location, size, amenities, parking and circulation.
In response to questions by Mayor Marchand, Mr. Stewart said staff estimated those items could return to Council by August. He said the exclusive negotiating rights agreement could be extended, meetings of the sub-committee could occur every two-weeks with staff working in between, and then have a larger public workshop.
After Council discussion, Mayor Marchand said there would be the outreach committee and appointed CMs Woerner and Carling; and a finance sub-committee and appointed VM Spedowfski and CM Coomber. The Council also discussed the qualifications for a facilitator/consultant and authorized the solicitation of an RFP/RFQ.
City Attorney Jason Alcala said communications between the two committees needed to occur as agendized items at a Council meeting.
The City Council directed the establishment of a Downtown Steering Committee and appointed CM Carling and CM Woerner - Council representatives; Commissioners Bjorklund and Bonanno (with Kaskey serving if Bjorklund was unavailable) - Planning Commission representatives; Andrew Barker - resident representative; Sherry Nigg - property owner representative; Historic Preservation Commission Chair Jeff Kaskey; Commission for the Arts Chair Monya Lane; and requested the following groups/organizations to self-select representatives for approval by the City Council:
. Innovation Tri-Valley
. Livermore Chamber of Commerce
. Livermore Community Group
. Livermore Cultural Arts Council
. Livermore Downtown Inc.
. Livermore Valley Winegrowers Association
. Livermore Forward
. Livermore Rising
. Friends of Livermore
. Livermore Valley Performing Arts Center
The Council directed the priorities of the Downtown Steering Committee to be the hotel, parking and circulation, and for staff to return to Council by July 2017 with initial results; and to focus on preparing for community-wide workshops and outreach. The secondary priorities would include the remaining catalyst site(s).
The City Council directed the distribution of the RFP/RFQ for a qualified consultant team to facilitate Downtown Steering Committee meetings, activities, products, subsequent community workshops, and to provide land use and design consultation.
The City Council requested and the Mayor formed an ad-hoc Finance Committee to evaluate funding options for the Downtown Specific Plan area and evaluate how those options would impact the City's finances and make recommendations to the full Council regarding those issues. VM Spedowfski and CM Coomber were appointed.
City Manager Marc Roberts said the appointments to the Downtown Steering Committee would return to Council for approval at the March 27, 2017 meeting.
6.02 Discussion and direction regarding sculptures to be installed along First Street in the Downtown.
Recommendation: Staff recommended the City Council adopt a resolution authoring the acquisition of four outdoor sculptures for the Downtown Sculpture Project and supplemental appropriations of up to $13,400 of Public Art Funds for additional installation costs and $6,200 in City General Funds for annual maintenance costs.
Rebecca Cox, Division Clerk, presented the staff report.
Mayor Marchand invited public comment.
Jim Schmidt, Livermore, spoke in support of the installation of the sculptures.
John Stein, Livermore, said he liked sculptures but hoped trees would not be removed to make space for the sculptures.
Rachael Snedecor, Livermore, spoke in support of the sculptures and mapping of the Downtown to showcase all of the art using a new app called Beacon.
ON THE MOTION OF CM WOERNER, SECONDED BY VM SPEDOWFSKI AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2017-023 authorizing the acquisition of four outdoor sculptures for the downtown sculpture project and supplemental appropriations of up to $31,400 of public art funds for additional installation costs and $6,200 in city general funds for annual maintenance costs.
6.03 Discussion and direction regarding establishing the Livermore Tarplant as the City of Livermore's official flower.
Recommendation: Staff recommended the City Council adopt a resolution establishing the Livermore Tarplant as the official flower of the City of Livermore.
Associate Planner Andy Ross presented the staff report.
In response to questions by CM Carling, Planning Manager Steve Stewart said it was called Tarplant because the plant is actually sticky and it does have a tar or asphalt smell to it.
Mayor Marchand invited public comment.
Mary Ann Hannon, Friends of Springtown Preserve, spoke in support of establishing the Livermore Tarplant as the City's official flower. She spoke of protecting the Alkali Sink habitat where the Tarplant currently grows.
Connie Kopps, Livermore, said the City should delve deeper into the report, the credentials on the botanist and do more background research before approving the Tarplant.
Regina Brinker, Livermore, said Livermore was the only place in the world that the Tarplant blooms and supported approving the Tarplant as the official flower.
Jason Bezis, Lafayette, opposed the designation of an official city flower and said this needed to be studied more and there needed to be options.
In response to questions by Mayor Marchand, Mr. Stewart said removing invasive and noxious weeds is one way to help the plant survive and also by preserving the Alkali Sink.
ON THE MOTION OF VM SPEDOWFSKI, SECONDED BY CM COOMBER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2017-024 establishing the Livermore Tarplant (Deinandra bacigalupii) as the official Livermore flower.
6.04 Discussion and direction regarding the proposed work scope for lighting evaluation within the Downtown Specific Plan Area.
Recommendation: Staff recommends the City Council provide direction.
Associate Civil Engineer Kevin Duffus and City Engineer Cheri Sheets presented the staff report.
Mayor Marchand invited public comment.
Jeff Kaskey, Livermore, said light pollution should be considered and the lights planned so that they aim down on the streets and not into bedroom windows.
ON THE MOTION OF CM WOERNER, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL AUTHORIZED STAFF TO PURSUE THE SCOPE OF WORK FOR LIGHTING EVALUATION WITHIN THE DOWNTOWN SPECIFIC PLAN AREA.
COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY THE 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.
Open Space CM Coomber requested a report on open space assets within the city limits and to consider formation of a committee to monitor the open space. City Manager Marc Roberts said the Intergovernmental Committee had identified common open space assets owned by either the School District, the Park District and the City and would provide the update to Council.
Association of Bay Area Governments (ABAG) CM Carling said he attended the January meeting that was combined with the Metropolitan Transportation Commission (MTC).
Stopwaste.org CM Carling said he attended the Planning and Administration Committee and Waste Management Authority meetings.
Arts Career Center CM Carling said the recent presentations regarding the Arts Career Center were positive and it was an exciting idea.
Livermore Cultural Arts Council (LCAC) CM Woerner said he attended the meeting. There was a presentation on the Arts Career Center and a report on space needs.
Livermore Downtown Inc. (LDI) CM Woerner said he attended the recent board meeting. He said there was discussion on downtown lighting and the sculptures.
Goals and Priorities Workshop CM Woerner spoke regarding the need for updated Emergency Operations Center training for City employees and requested the City Manager provide an update on the results of the Council Goals and Priorities Workshop that was held on February 15, 2017. City Manager Marc Roberts said the City Council identified its priority goals for Fiscal Year 2017-2019 as follows:
1. Asset Management
3. Affordable Housing and Homelessness
4. Long-Term Financial Stability
5. Innovation and Economic Development
6. Public Safety and Disaster Preparedness
League of California Cities VM Spedowfski said on January 26, 2017 he attended the East Bay Division meeting. He said there was a state legislature panel that addressed a variety of topics.
East Bay Clean Energy VM Spedowfski said on January 30 and February 15, 2017 he attended the board meetings. He said an invitation was being sent to Contra Costa County and cities to join the energy savings program.
Livermore Amador Valley Transit Authority (LAVTA) VM Spedowfski said on February 6, 2017 he attended the meeting. There was a presentation on autonomous vehicles.
Planning Commission VM Spedowfski said on February 9, 2017 he attended the special meeting for the interview and appointment of two Planning Commissioners.
Science Fair VM Spedowfski said on February 16, 2017 he attended the Livermore Valley Joint Unified School District Science Odyssey. He congratulated Haley Spedowfski for her blue ribbon entry.
Livermore Amador Valley Transit Authority (LAVTA) VM Spedowfski said on February 27, 2017 he attended the Projects and Services Subcommittee meeting. He said on-time service and ridership were both improving.
Social Media VM Spedowfski thanked City staff for keeping the community notified of emergency situations during the recent storms.
Town Hall VM Spedowfski said he attended the February 22, 2017 Town Hall meeting conducted by Assemblywoman Baker and Senator Glaser. He said the event was well attended.
Sunset Oak Tree VM Spedowfski requested staff contact Livermore Area Recreation and Park District regarding the removal and potential reuse/recycling of the wood.
Campaign Ordinance VM Spedowfski requested and received consensus from the Council for a review and update to the City's campaign ordinance and contribution funding limits.
Emergency Operations Center Mayor Marchand spoke regarding the importance of the City's Emergency Operations Center.
Sunset Oak Tree Mayor Marchand suggested potential use of the wood from the tree.
Rally For Love Mayor Marchand said on February 12, 2017 he attended the event at the Shea Plaza.
Alameda County Transportation Commission (ACTC) Mayor Marchand said on February 13, 2017 he attended the 580 Express Lane Committee meeting. He said there are over 30,000 daily trips in the express lanes, over 6.8 million trips this past year and $7.4 million in transportation revenue. He also attended the Planning, Policy and Legislative Committee meetings with discussions on AB17 and SB 3. He said the February 23, 2017 meeting had discussion on the RN3 Regional Movement Plan.
Town Hall Mayor Marchand said he attended the February 22, 2017 Town Hall meeting conducted by Assemblywoman Baker and Senator Glaser. He said the event was well attended and the next meeting should be at a larger venue.
ADJOURNMENT - 11:06 pm to a regular City Council meeting on March 13, 2017 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.
JOHN P. MARCHAND, MAYOR
SUSAN NEER, CITY CLERK