CITY COUNCIL MINUTES

APRIL 22, 2013


CLOSED SESSION

CALL TO ORDER The Closed Session of the City Council was called to order by Mayor John Marchand at 6:20 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

ROLL CALL Present: Mayor John Marchand, Vice-Mayor Stewart Gary, and Councilmembers Doug Horner, Laureen Turner and Bob Woerner.

CM Turner arrived at 6:30 pm.

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

ADJOURN TO CLOSED SESSION Initiation of Litigation.

To meet with the City Attorney pursuant to Government Code section 54956.9(d)(4) to discuss whether to initiate litigation.

One case.

Existing Litigation.

To meet with the City Attorney regarding existing litigation pursuant to Government Code section 54956.9(d)(1).

Discussion in open session would prejudice the position of the City in litigation.

Two cases.

City of Livermore, et al. v. All Persons Interested, Alameda County Superior Court Case No. RG12634747

LVPAC v. State of CA Dept. of Finance; Ana J. Matosantos; Does 1-50, RPI The Successor Agency to the Livermore Redevelopment Agency, Sacramento County Superior Court Case No. 34-2013-80001370

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REGULAR MEETING

1. CALL TO ORDER The meeting of the City Council was called to order by Mayor John Marchand at 7:04 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

1.01 ROLL CALL Present: Mayor John Marchand, Vice-Mayor Stewart Gary, and Councilmembers Doug Horner, Laureen Turner and Bob Woerner. 1.02 PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney John Pomidor said there was no reportable action.

2. PROCLAMATIONS AND PRESENTATIONS

2.01 CONFIRMATION OF ADVISORY BODY APPOINTMENTS AND ADMINISTRATION OF OATH OF OFFICE

Historic Preservation Commission

Reappointment of Suzanne McCann to a final term ending May 1, 2017

Appointment of Jeff Kaskey to a regular term ending May 1, 2017

Library Board of Trustees

Reappointment of Maureen Gandara Swinbank to a final term ending June 1, 2016

Reappointment of David Runyon to a final term ending June 1, 2016

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

2.02 LIVERMORE AREA YOUTH ADVISORY COMMISSION ANNUAL UPDATE Jared Rodgers, Chairperson, presented the annual update.

3. CITIZENS FORUM

John Stein, Livermore, spoke regarding CalPERS and the Citys budget, and various low-income housing developments in the city.

Cindy Angers, Livermore, Save Garaventa Hills, spoke against a potential housing development for Garaventa Hills.

Pat Ferguson, Livermore, spoke regarding her concerns for increased housing densities in Livermore, Agenda 21, the theaters and grants.

Judy Galletti, Citizens Alliance for Property Rights, read excerpts from the 1976 Vancouver Summit Report and spoke against ICLEI and One Bay Area.

Connie Kopps, Livermore, spoke regarding her business model and patent for reusable bags.

Carol and Dave Williams, Livermore, said they were victims of a hit-and-run accident and requested assistance in furthering the investigation of their claim.

Karen Crosley, Livermore, Save Garaventa Hills, spoke against a potential housing development for Garaventa Hills.

Rachael Snedecor, Livermore Downtown Inc., spoke regarding activities and events in the Downtown.

Ray Reed, Livermore, Save Garaventa Hills, spoke against a potential housing development for Garaventa Hills.

Marnie Steele, Livermore, Save Garaventa Hills, spoke against a potential housing development for Garaventa Hills.

Robert S. Allen, Livermore, spoke regarding the plan lines for the extension of BART on I-580.

4. CONSENT CALENDAR

Item 4.06 In response to questions by Mayor Marchand, City Engineer Cheri Sheets said the new location for the train depot was west of the current location, close to the parking structure.

4.01 Pat Ferguson, Livermore, offered to submit her comments made during meetings in writing to be included in the minutes.

4.03 John Stein, Livermore, spoke regarding the in-lieu fee. He said the Council should not take the in-lieu fee but accept the three units. He said the in-lieu fee had been reduced previously. He said inclusionary zoning where affordable housing was mixed with market rate housing was a better way to avoid stigmatizing a residence.

In response to questions by Mayor Marchand, City Manager Marc Roberts said at the last certification of the Citys Housing Element, the State required that the City move from its must-build requirement to allow developers of affordable housing to choose among options permitted within the City's ordinance. He said it was the developers choice to either pay the in-lieu fee, to provide land in-lieu of the unit, or to actually build the units on site. He said the staff report contained a sliding scale that increased the amount of the fee as the sales price of the market rate units increased.

4.06 John Stein, Livermore, said he supported restoration of the depot but not the relocations. He said restoring the depot in place would be less expensive and the funds saved could be used for other purposes such as a park.

4.06 Pat Ferguson, Livermore, spoke regarding grants and was concerned that the City was accepting the grant funds without knowing the requirements. She referred to grants as bribes.

In response to questions by Mayor Marchand, Community Development Director Stephan Kiefer said funding for the railroad depot project was a Transportation and Walkable Communities Grant; acceptance of the grant required that the project demonstrated enhanced walkability of the downtown.

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

4.01 Approval of minutes - April 8, 2013 regular City Council meeting.

4.02 Adoption of Ordinance 1978 amending Chapters 8.08, 15.26 and 15.28 of the Livermore Municipal Code to eliminate the Permitted Hauler system for recyclables and construction and demolition debris.

4.03 Resolution 2013-033 authorizing execution of a second amendment to the low income for sale housing agreement with Signature at Station Square, LLC. Location: 1950 Railroad Avenue.

4.04 Resolution 2013-034 accepting for permanent maintenance and releasing of security for the El Charro Specific Plan Infrastructure Project-Phase 1, Project No. 2007-20.

4.05 Resolution 2013-035 accepting the offer of dedication of Parcel B, Tract 6862, for an existing public park, located on Melanie Way, between Melanie Court and Wilma Court.

4.06 Resolution 2013-036 and Resolution 2013-037 appropriating $2,500,000 in unallocated Federal grant funds in Fiscal Year 2013-2014, $25,000 in unallocated General Funds in Fiscal Year 2012-2013 and $475,000 in Fiscal Year 2013-2014 to the Railroad Depot Relocation and Restoration Project No. 580001; and supporting the submission of an application to the Metropolitan Transportation Commission and committing local matching funds for $2,500,000 in Transportation Livable Communities Grant Program funds under the Surface Transportation Program.

5. PUBLIC HEARINGS

5.01HEARING TO CONSIDER A PROPOSED CARNEGIE PARK MASTER PLAN and to order abatement on all parcels requiring abatement.

Recommendation: Staff recommended the City Council consider all protests and adopt a resolution overruling protests and directing staff to proceed with necessary weed abatement on all parcels requiring abatement.

Fire Chief Jim Miguel presented the staff report.

Mayor Marchand opened the public hearing. There were no speakers and the hearing was closed.

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

Resolution 2013-038 overruling protests and ordering the abatement of a public nuisance.

5.02 HEARING TO CONSIDER A PROPOSED CARNEGIE PARK MASTER PLAN including guidelines to preserve the existing park configuration, improve the park's appearance and comfort for a range of community members, and enhance and maintain the park infrastructure and landscaping.

- Location: 2155 Third Street
- Applicant: City of Livermore
- On-site and off-site public improvements: Policy document includes guidelines for future activities related to improving and maintaining a public park.
- Site Area: 1.5 acres
- Zoning: Downtown Specific Plan, Downtown Neighborhood - South Side
- General Plan: Downtown Area, Downtown Neighborhood - South Side Area
- Historic Status: Status Code 1, Listed in the National Register of Historic Places
- CEQA: This project is Categorically Exempt under the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15331, which permits rehabilitation of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties.
- Application Number: Policy Proposal 12-002

Recommendation: The Planning Commission, Beautification Committee, Historic Preservation Commission, and staff recommended the City Council adopt a resolution approving the Carnegie Park Master Plan including guidelines to preserve the existing park configuration, improve the Park's appearance and comfort for a range of community members, and enhance and maintain the Park infrastructure and landscaping.

AND

5.03 HEARING TO CONSIDER A REQUEST TO CONSTRUCT A PARK GAZEBO/BANDSTAND IN CARNEGIE PARK

- Location: 2155 Third Street
- Applicant: Rotary Clubs of Livermore
- On-site and off-site public improvements: Include pavement, music bandstand, electrical work, landscaping, and irrigation.
- Site Area: 1.5 acres
- Zoning: Downtown Specific Plan, Downtown Neighborhood - South Side
- General Plan: Downtown Area, Downtown Neighborhood - South Side Area
- Historic Status: Status Code 1, Listed in the National Register of Historic Places
- CEQA: This project is Categorically Exempt under the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15331, which permits rehabilitation of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties.
- Application Number: Downtown Design Review 12-001

Recommendation: The Planning Commission, Historic Preservation Commission, and staff recommended the City Council adopt a resolution approving the proposed Carnegie Park Gazebo/Bandstand.

Associate Planner Frank Guido presented the staff report for Item 5.02 and 5.03.

In response to questions by VM Gary, Mr. Guido said the performance noise conditions of approval were developed between the Historic Preservation and Planning Commissions and included in the staff report.

In response to questions by CM Turner, Mr. Guido said the lighting from the gazebo would cover the surface and extend five feet outward; the lighting would not disturb the neighbors. He said the gazebo would not have an adverse effect on the Farmers Market vendors.

CM Turner said she would like to include a water fountain with refill stations for water bottles and a water station for dogs.

In response to questions by CM Woerner, Mr. Guido said the Farmers Market would continue as indicated in the Citys municipal code for special events; some priority would be given to local service organizations for community events.

He said there had been several public meetings and hearings to gain input from the community.

Mr. Guido said staff was exploring the installation of security cameras with future building upgrades.

CM Woerner said he would like staff to explore installation of security cameras at the park.

In response to questions by Mayor Marchand, Mr. Guido said the five Livermore locations on the National Registry of Historic Places were Ravenswood, Carnegie Park, Hagemann Ranch, Independent (Bank of America) building, and the building on the northwest corner of McLeod and Second Street.

In response to questions by Mayor Marchand, Mr. Guido said the Master Plan called for the use of plants to enhance the area around the elevator. He said lighting had been added for security.

He said at the front of the structure, the stage was designed to extend four feet outward beyond the posts to provide more playing surface.

Mayor Marchand opened the public hearing for Items 5.02 and 5.03.

John Stein, Livermore, spoke in support of the Master Plan.

He expressed concern regarding the use of decomposed granite walkways and the effective use of trees for shade.

In response to questions by Mayor Marchand, Mr. Guido said there were various maintenance funding sources including a donation from the Rotary Clubs to construct the performance area gazebo; the maintenance cost would be a 60-40 split between the Downtown Landscape Maintenance District and the General Fund. He said volunteer organizations, schools and other organizations would be solicited for donations of labor or funding.

Dennis Gambs, Rotary Club of Livermore Valley, and Steve Neef, A&E Design Services and Rotary Club of Livermore, project applicants, presented an overview of the project.

Rachael Snedecor, Livermore Downtown Inc., said she supported the suggested improvements regarding noise and amplification of music at the park. She said improving the electrical abilities at the park would improve safety. She spoke in support of security cameras at the park in addition to the entire downtown.

Charles Hartwig, Livermore, said there were two Rotary Clubs and a Rotarian Foundation in Livermore; there was strong support for the project from all three factions. He said these groups would provide strong financial support and labor. He said the project would be a great addition to Livermore.

Mayor Marchand said the two Rotary Clubs and Rotarian Foundation had provided great service and had been tremendous supporters of Livermore. He was impressed with the work done to address concerns in advance including the long term care of the gazebo, vandalism and graffiti.

CM Horner said he was happy with the Master Plan and the plans for the gazebo. He said the siding and materials for the gazebo were all appropriate. He expressed his desire for an additional condition of approval for time and attention to the design of the gazebo. In particular, he wanted a design approval process to go through Planning Commission for roof form, the overall and specific proportions of the gazebo and rhythms and details. He said there needed to be historic compatibility with the Carnegie Building, and the gazebo design could be improved without adding to the cost. He suggested that the Planning Commission break out a small design committee of two commissioners to review and tweak the design. He said this was an opportunity to build it once next to the historic building and wanted more thought and effort into reviewing the design before releasing for permit.

VM Gary said he was pleased with both the Master Plan and the design of the gazebo. He said the gazebo design had been through an incredible gauntlet going through both Historic Preservation and Planning Commission. He said he needed more information before sending the design back to the Planning Commission and asked what would be better or different the second time through.

CM Woerner said he wondered too what would be different about the gazebo should the design be returned to the Planning Commission. He said the design was very simple and could be approved but he supported a second design review through the Planning Commission.

Mayor Marchand said he did not believe this was the final design of the gazebo. He said more input from a Planning Commission subcommittee, without a formal public hearing, would be beneficial to work with the architect on the final design.

In response to questions by Mayor Marchand, Community Development Director Stephan Kiefer said the historic compatibility of the design of the gazebo was critical. He suggested the design be reviewed first by the Historic Preservation Commission prior to the Planning Commission.

CM Turner questioned what value would be added by returning to Historic Preservation and Planning Commission since the design had already been through that process.

CM Horner said after reading the staff report and attachments, he did not read any comments pertaining to the design of the gazebo. There was a lot of talk about the siding and the sound.

He said the slope back roof or the tiny finial on top did not say gazebo to him.

He requested that the Planning Commission, or a subcommittee of the Planning Commission, take another look at the design; the gazebo design needed to be compatible without false history.

CM Woerner said he shared CM Horners concerns. He said the design lacked a certain essence that was present with the other gazebos in the presentation. He supported one more review from a professional architectural point of view to ensure every effort was made for the gazebo to come out right.

In response to questions by VM Gary, Mr. Guido said the design presented to Council was the design vetted by the Historic Preservation Commission, Planning Commission, and the neighborhood through the two public hearings.

VM Gary said if the Council wanted to reject the design, then the entire process should start over.

CM Horner said he did not have a problem with the siding, the angle or the size of the structure. He said a lot of good work had been done by the Commissions but there should be another good look at the design before it was released. He said the design needed to be focused on as this would be a 50 years decision.

In response to questions by Mayor Marchand, Steve Neef suggested staff review the design of the gazebo. He did not see a benefit from starting over at the beginning of the process. He said the Rotary Club had five architects as members while the Planning Commission only had one. He acknowledged there needed to be more design work done and the design would be refined when permits were applied for. He said the finial on the top had not yet been selected. He said there was another year in the design process prior to building the gazebo.

VM Gary said because this was not the final design of the gazebo, he could support design review by staff and members of a subcommittee.

CM Horner suggested having two members of the Planning Commission along with staff to formally design review the final submittal of the gazebo.

CM Woerner said this was a reasonable suggestion.

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 2013-039 approving Policy Proposal 12-002 adopting the Carnegie Park Master Plan including guidelines to preserve the existing park configuration, improve the parks appearance and comfort for a range of community members, and enhance and maintain the park infrastructure and landscaping (2155 Third Street).

ON THE MOTION OF CM HORNER, SECONDED BY CM TURNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION WITH DIRECTION FOR THE PLANNING COMMISSION TO APPOINT A TWO-PERSON SUBCOMMITTEE TO WORK WITH STAFF IN APPROVING THE FINAL GAZEBO DESIGN: Resolution 2013-040 approving Downtown Design Review 12-002 to construct a park gazebo/bandstand in Carnegie Park (2155 Third Street).

5.04 HEARING TO CONSIDER THE FISCAL YEAR 2013-2014 ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM and authorizing its submittal to Alameda County for inclusion with the Alameda County HOME Consortium document to the U.S. Department of Housing and Urban Development.

Recommendation: Staff recommended the City Council adopt the resolution approving the Fiscal Year 2013-2014 Action Plan and authorizing submittal to the U.S. Department of Housing and Urban Development.

Housing Manager Jean Prasher presented the staff report.

Mayor Marchand opened the public hearing. There were no speakers and the hearing was closed.

ON THE MOTION OF CM HORNER, SECONDED BY VM GARY AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION: Resolution 2013-041 approving the FY 2013-14 Action Plan and its submittal to the U.S. Department of Housing and Urban Development.

6. MATTERS FOR CONSIDERATION

6.01 Discussion and direction regarding City Council appointments to Intergovernmental Agencies. None.

6.02 REGARDING PENDING STATE OR FEDERAL LEGISLATION . None.

7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF AND COUNCILMEMBERS

Livermore Amador Valley Water Management Authority (LAVWMA) CM Horner said he attended the meeting on April 17, 2013. He said the Authority adopted the Fiscal Year 2013-2014 Operating Capital Budget which was 12% less than five years ago due to the refinancing of a bond.

Stopwaste.org CM Turner said on April 11, 2013 she attended the Recycling Board meeting and there was no significant action was taken.

Livermore Amador Valley Transit Authority (LAVTA) CM Woerner said he attended the meeting and said there would be free passes between LAVTA and the Pleasanton Para-transit that would provide the seniors with better access.

CalPERS In response to questions by CM Woerner, City Manager Marc Roberts said updates and impacts due to CalPERS would be included in the May Budget Workshop.

BART Plan Lines In response to questions by the City Council, City Manager Marc Roberts said the plan lines for BART had been adopted shortly after the adoption of the current General Plan. He said staff would prepare additional information for Council and would forward a copy to Mr. Robert Allen.

VM Gary said he had no meetings to report.

Alameda County Mayors Conference Mayor Marchand said he attended the meeting on April 10, 2013. He said PG&E discussed pipeline replacements and there was an update from Alameda County economic development.

Committee of Valley Water Retailers Mayor Marchand said on April 11, 2013 he attended the meeting. He said the Committee was dissolving and staff would continue to meet with the Tri-Valley Water Retailers.

LPFD Badge Pinning Ceremony Mayor Marchand said on April 12, 2013 he attended the ceremony.

Stanley Boulevard Safety and Streets Mayor Marchand said he attended the improvement dedication ceremony on April 13, 2013.

Granada High School Mayor Marchand said he attended Leadership Day.

Livermore Amador Valley Water Management Authority (LAVWMA) Mayor Marchand said he attended the meeting on April 11, 2013 with CM Horner.

Aprendiendo a Triunfar Mayor Marchand said on April 20, 2013 he attended the event at Las Positas College, that was an outreach program to the Hispanic community regarding the importance of education.

Livermore Community Service Council Mayor Marchand said the inaugural event for the Livermore Community Service Council would be held on April 27, 2013, more information could be found on justserve.org.

8. ADJOURNMENT at 9:12 pm to a Special Meeting City Council and Livermore Area Recreation and Park District Workshop, Monday, April 29, 2013 at 7:00 pm, Robert Livermore Community Center, 4444 East Avenue, Livermore, and a regular City Council meeting on May 13, 2013 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

SUSAN NEER, CITY CLERK

CM/71/

Minutes

APRIL 22, 2013