CITY COUNCIL MINUTES
July 28, 2014
1. CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting of the City Council was called to order by Mayor John Marchand at 7:05 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.
ROLL CALL Present: Mayor John Marchand, Vice Mayor Bob Woerner, and Councilmembers Stewart Gary, Doug Horner, and Laureen Turner.
PLEDGE OF ALLEGIANCE
2. PROCLAMATIONS AND PRESENTATIONS None.
3. CITIZENS FORUM
Judy Galletti, Livermore, spoke regarding BART tax initiatives and the lack of a sunset clause in the measure.
In response to questions by Mayor Marchand, Community and& Economic Development Director Stephan Kiefer verified that the perpetuity clause had been removed from Measure BB.
Pat Ferguson, Livermore, spoke regarding Livermore residents paying for over 40 28 years to bring BART to Livermore and said the 30 year life span for Measure BB seemed like a lifetime to many.
John Stein, Livermore, said the Sunset Office Plaza property should not have been rezoned and it was needed to attract new businesses. He said Bby selling the Sunset Financial Center, Sunset would have the money to refurbish the property. He questioned the Citys statistic of the surplus of jobs over housing.
Marylia Kelley, Executive Director, Tri Valley CaresCAREs, spoke regarding a new program linking youth with the Super Fund clean up. She said Tthere was a new youth video contest to telldescribe why a clean environment was important; . Mmore information was available at HYPERLINK "http://www.trivalleycares.org" www.trivalleycares.org.
Joseph Torres, Livermore, said there was going towould be a rally at the Lawrence Livermore National Lab on August 6, 2014 at 7:30 am. There will be rally of including two dozen peace and environmental organizations sponsored a to commemorateion of the atomic bombings of Hiroshima and Nagasaki. GHe said the goal was to press for nuclear disarmament and to see the Lab to become a green lab devotesd to civilian science instead of nuclear weapons research.
Chris Pareja, Livermore, spoke on several items including the Councils decision on the Catalina project, the General Plan and free markets, and clapping at Council meetings.
4. CONSENT CALENDAR
Item 4.01 Pat Ferguson, Livermore, spoke regarding the Art in Public Places fee and objected to the City using the funds in 2002 for the Livermore Valley Conference Cultural and Cultural Conference Center and the funding for the Livermore Valley Performing Arts Center.
Mayor Marchand corrected the comments made by Ms. Ferguson clarifying that the fee could not have been used in 2002 since the fee was adopted in 2005.
Item 4.02 Pat Ferguson, Livermore, said the two Sunset projects should not have been split apart and they had always been a popular attraction in Livermore and spoke regarding the small businesses, the free economy and job creation.
Item 4.02 Judy Galletti, Livermore, spoke regarding the vacancies in the Sunset properties and said Livermore needed small businesses..
Item 4.03 Pat Ferguson, Livermore, spoke regarding in fill and zoning changes and said zoning changes should be decided by a vote of the people.
In response to questions by Mayor Marchand, Community and Economic Development Director Stephan Kiefer said Council action added one more house to the eight home planned development originally developed in the late 1960s. City Manager Marc Roberts said the zoning was six units to the acre and this was a much less density thatn was currently in the zoning area.
Item 4.08 Constance Kopps, Livermore, requested that any documents with her name would not be destroyed.
In response to questions by Mayor Marchand, City Clerk Susan Neer stated that the annual destruction of documents was a normal business process. TShe said the Citys Records Retention Schedule was in some instances more stringent than the States mandated retention;. Tthere were many documents that the City retained for longer periods of time, including permanently.
ON THE MOTION OF CM TURNER, SECONDED BY CM GARY, AND CARRIED ON A 5 0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
Adoption of Ordinance 2000 amending Chapter 12.51 of the Municipal Code to extend the sunset of the Art in Public Places program from October 1, 2014 to May 1, 2015.
Adoption of Ordinance 2001 approving Zoning Map Amendment 13 001 (Catalina Crossing).
Adoption of Ordinance 2002 amending the Zoning District Map Planned Development Residential 14 001, rezoning a 9.38 acre area along Rutgers Court and Rutgers Way.
Adoption of Ordinance 2003 approving the Amended and Restated Development Agreement with Livermore Premium Outlets (merger of existing project and expansion DAA14 002).
Adoption of Ordinance 2004 approving Zoning Map Amendment 13 004 by rezoning property to the multi family residential zone. Location: 985 Bluebell Drive.
Introduction of an ordinance amending Municipal Code Chapter 1.20 (Administrative Citations) to incorporate provisions from Chapter 1.24 (Compliance Orders); and repealing Municipal Code Chapter 1.24 (Compliance Orders).
Resolution 2014 116 revising the Livermore Area Youth Advisory Commission Rules of Procedure for clarification, streamlined administrative processes, and accurate reflection of current practices.
Resolution 2014 117 authorizing the destruction of certain City records no longer needed or required for City business.
Resolution 2014 118 authorizing appropriation of $60,000 of unallocated Measure B funds and $24,000 of unspent Gas Tax funds from Fiscal Year 2013 2014, and execution of an agreement with AJW Construction, in the amount of $385,314, for construction of the 2013 2015 Sidewalk Repair Program, Project No. 2014 02.
Resolution 2014 119 appropriating unspent Solid Waste and Recycling funds, in the amount of $180,000, from Fiscal Year 2013 2014 to Fiscal Year 2014 2015; and authorizing execution of an agreement with MCK Services, Inc., in the amount of $1,137,031, for construction of the 2014 STP Arterial Street Rehabilitation, Project No. 2014 17.
Resolution 2014 120 authorizing issuance of a purchase order with Baker & Taylor Books, in an amount not to exceed $200,000, for the purchase of books and other circulation materials for Fiscal Year 2014 2015.
Resolution 2014 121 authorizing issuance of a purchase order with PB Loader Corporation, in an amount not to exceed $284,440, for the purchase of a Multi Use Dump Truck / Asphalt Patch Truck.
Resolution 2014 122 authorizing the issuance of a purchase order with Coast Counties Truck & Equipment Co., in an amount not to exceed $413,255, for the purchase of a Vac Con Combination Sewer/Storm Drain Cleaner Truck.
Resolution 2014 123 appropriating $160,000 of unspent Traffic Impact Fees from Fiscal Year 2013 2014 to Fiscal Year 2014 2015 for Project No. 1991 44; and authorizing execution of an agreement with Novani, LLC, in the amount of $110,000, to upgrade the existing computer hardware and digital equipment for the City of Livermore Traffic Operation Center.
Resolution 2014 124 authorizing the budgeted expenditure of general funds, in the amount of $144,500, for Tri Valley Community Television operational expenses for Fiscal Year 2014 2015.
Resolution 2014 125 approving updates to the Citys Investment Policy.
5. PUBLIC HEARINGS
5.01 Hearing to receive protests related to the annual fire hazard abatement program and confirm the 2014 fire hazard abatement assessments on the County tax roll.
Recommendation: Staff recommended the City Council adopt a resolution overruling protests and confirming the placement of the assessments on the County tax roll.
Fire Chief Jim Miguel and Fire Marshal Ryan Rucker and presented the staff report. They acknowledged the amended Exhibit A to the resolution submitted as part of the supplemental materials.
In response to questions by VM Woerner, Fire Chief Miguel said this years assessments were less fewer than last year. He said there was tremendous compliance with fire abatement in the Livermore Pleasanton area.
Mayor Marchand opened the public hearing.
There were no speakers and the hearing was closed.
ON THE MOTION OF VM WOERNER, SECONDED BY CM GARY, AND CARRIED ON A 5 0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2014 126 overruling protests and confirming assessments Fire Hazard Abatement.
5.02 Hearing to confirm the Annual Levy of Assessments for the Citys Landscape Maintenance Districts and adoption of the Engineers Report for Fiscal Year 2014 2015.
Recommendation: Staff recommended the City Council adopt the resolution confirming the placement of the assessments on the County tax roll and adopting the Engineers Report for Fiscal Year 2014 2015.
City Engineer Cheri Sheets 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 CM TURNER AND CARRIED ON A 5 0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2014 127 adopting the Engineers Report; confirming the annual levy of assessments for Landscape Maintenance Districts for Fiscal Year 2014 15; and direction actions with respect thereto.
Hearing to consider a request to subdivide and redevelop an existing parcel for the development of eight detached single family residences, landscaping, and appurtenant improvements.
Location: 2787 Old First Street (Brighton)
Applicant: Concentric Development Group
On site and off site public improvements: Street frontage improvements, including landscaping and connection to existing utilities
Site Area: 0.35± acre
Zoning: Downtown Specific Plan Downtown Transit Gateway District
General Plan: Downtown Area
Historic Status: None
CEQA: This project is Categorically Exempt under the provision of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15332, In fill Development Projects.
Application Numbers: Vesting Tentative Tract Map 8184 (SUB14 006) and Downtown Design Review 14 006
Recommendation: The Planning Commission and staff recommended the City Council adopt a resolution approving Vesting Tentative Tract Map 8184 (Subdivision 14 006) and Downtown Design Review 14 006, subject to conditions, and certifying the environmental document for the project; and, after approval of the application, instructing the staff to file the Notice of Exemption.
Senior Planner Scott Lee presented the staff report.
Mike Serpa, Concentric Development Group, applicant, presented an overview of the Brighton project.
In response to questions by CM Turner, Mr. Lee said there would be on street parking and confirmed there would be a bike lane on both sides of the street. He said there would be an eight foot width for the on street parking spaces and five feet for the bike lane which should allow enough space for bikes to pass by and not be hit by opening car doors. He said the median was reduced in width from fifteen to eleven feet; he said on the north side there would be parking pockets so there would be some landscape wthat could jut out.
Mayor Marchand opened the public hearing.
There were no more speakers and the hearing was closed.
CM Horner said he was gratified to watch theis project evolve and for the project to be completed from onea project that appeared piecemeal at first.
Mayor Marchand said this was a very cool project in proximity to the Downtown and a great addition to the community.
ON THE MOTION OF CM HORNER, SECONDED BY VM WOERNER AND CARRIED ON A 5 0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2014 128 approving Vesting Tentative Tract Map 8184 (Sub 14 006) and Downtown Design Review 14 006.
Hearing to consider a request for approval of a Vesting Tentative Tract Map, Site Plan Design Review, Planned Development Amendment, and Development Agreement Amendment for Shea Homes. The Vesting Tentative Tract Map subdivides a vacant property to create four lots for future commercial development, one lot for a previously approved detention basin, and other lots to accommodate 476 attached multi familymulti family residential dwelling units provided in 62 two and three story buildings with associated recreation facilities, including a pool and fitness center, on site landscaping, multi use trail, and community gardens. The project proposes a public road and small public park on adjacent City owned property, providing a second access to Portola Avenue. The Development Agreement Amendment will amend the existing Development Agreement to provide for extension of the multi use trail eastward beyond the applications project boundary.
Location: Southeast corner of Isabel Avenue and Portola Avenue
Applicant: Shea Homes
On site and off site public improvements: Public and private streets and sidewalks, multi use trail, and extension of public utilities
Site Area: ±59 acres
Zoning: Planned Development Industrial (PD I) 03 003
General Plan: Business Commercial Park (BCP)/Urban High Residential (UH 4)
Historic Status: None
CEQA: An Addendum to a Previously Certified Environmental Impact Report under the provisions of the California Environmental Quality Act (CEQA) will be considered (CEQA Guidelines Section 15162 (a) and 15164).
Application Numbers: Vesting Tentative Tract Map 8121 (SUB13 003), Development Code Amendment 13 007, Development Agreement Amendment 14 001, and Site Plan Design Review 13 009
Recommendation: The Planning Commission and staff recommended the City Council adopt a resolution approving Vesting Tentative Tract Map 8121 and Site Plan and Design Review 13 009 and certifying the environmental document; introduce an ordinance approving Development Code Amendment 13 007; and introduce an ordinance authorizing execution of Development Agreement Amendment 14 001.
Senior Planner Christine Rodrigues presented the staff report.
David Best, representing Shea Homes, presented an overview of the project including a video animation depicting the project impacts to the scenic corridor with and without an amendment to the General Plan.
Trevor Rathfon, Collaborative West, provided an overview of the project landscaping and open space.
CM Turner said she appreciated the developer adding garden space and incorporating outdoor living pieces to the project.
In response to questions by VM Woerner regarding both wrapping the berm and softening the buildings, Mr. Best said the downside to adjusting the architecture was those particular units would lose loft space, reducing the livability of the units.
In response to comment by CM Gary, Mr. Best said they would take another look at adjusting the color schemes for the white buildings at the corners of the project.
In response to questions by Mayor Marchand, Mr. Rathfon said the olive trees would likely be specified as fruitless hybridizations; however, if the trees did flower, they could be sprayed with herbicides to control the flowering.
Mayor Marchand opened the public hearing.
John Stein, Livermore, said the project was a significant improvement over the project as proposed in 2008, commented on olive trees, and said said the area was very auto dependent because there were no services, and asked the Council to commit to not changing the scenic corridor in that area.
There were no more speakers and the hearing was closed.
Mayor Marchand commented that the BART station would be on the freeway at Isabel, not in the downtown, and said the community gardens in the project were a great idea.
ON THE MOTION OF CM GARY, SECONDED BY CM TURNER AND CARRIED ON A 5 0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION AND INTRODUCED THE FOLLOWING ORDINANCES:
Resolution 2014 129 approving Vesting Tentative Tract Map 8121 (SUB 13 003) and Site Plan Design Review (SPDR) 13 009.
Introduction of an ordinance approving Development Code Amendment (DCA) 13 007 and thereby amending the Development Standards of Planned Development Industrial (PD I) 13 003.
Introduction of an ordinance approving the third amendment to the Amended and Restated Development Agreement for the Shea Center (Formerly Cayetano Corporate Campus) between the City of Livermore and Shea Center Livermore, LLC; Shea Homes at Montage, Inc., and Shea Homes, Inc. (DAA 14 001).
6. MATTERS FOR CONSIDERATION
6.01 Discussion and direction regarding City Council appointments to Intergovernmental Agencies.
Mayor Marchand consolidated the Dublin San Ramon Services district Liaison Committee and the Zone 7 Liaison Committee into a ěWater Agencies Liaison Committeeî; he appointed CM Horner and himself as delegates with VM Woerner as alternate.
Discussion and direction regarding preparation of an I 580/Isabel Avenue BART Station Ridership Development Plan for the proposed BART to Livermore extension.
Recommendation: Staff recommended the City Council provide direction and adopt resolutions authorizing execution of the following agreements, in substantially similar form to the attached draft documents, for the Ridership Development Plan:
Memorandum of Understanding with BART;
Funding agreement with BART to pass through $500,000 of bridge toll funds to the City;
Agreement with Dyett & Bhatia, in the amount of $691,249, for preparation of a Ridership Development Plan and program environmental impact report; and adopt a resolution authorizing execution of all related documents with partner agencies as needed to complete the Ridership Development Plan.
Assistant City Engineer Bob Vinn presented the staff report.
In response to questions by CM Horner, Mr. Vinn said the preferred land use plan listed in the Scope of Work was for the station area; he said alternative land use plans would be developed and presented in land use concept circulation alternatives. He said there would be discussion with the community, stakeholders, Planning Commission and City Council; based on the input and direction received, staff would develop the preferred plan which would ultimately become the draft station area plan.
In response to questions by CM Gary, Mr. Vinn said the land use concepts would include parking alternatives. He said staff would study a range of parking in the ridership development plan; BART was also studying a range of parking in the project level EIR, and there might be scenarios where some parking was controlled by BART and other parking controlled by other entities.
In response to questions by Mayor Marchand, Mr. Vinn confirmed the City Council was not approving any residential or industrial development at this time; rather, the study was being initiated to determine ultimate land uses.
Mayor Marchand invited public comment.
Chris Pareja, Livermore, clarified his earlier statements regarding a $3.2 billion dollar price tag, saying that comment referred to the Greenville site. He expressed concerns regarding parking and the options for linking BART to the Pleasanton station.
John Stein, Livermore, spoke regarding setting sidebar discussions on the areas of planning, including the airport protection area, the scenic corridor, and traffic mitigation; and distribution of parking, residential, and commercial between the two proposed stations.
In response to questions by Mayor Marchand, Mr. Vinn said the sidebar issues mentioned by the speaker would be part of the discussion and analysis. He said to his knowledge, capital funds had never been allocated for BART to Livermore; this was the furthest the BART extension had been developed. He confirmed that Livermore had paid for the operations of BART, but not capital expenses.
John McPartland, BART Director, District 5, responded to questions by VM Woerner by saying parking would always be a problem throughout the entire system, and they were always trying to plan ahead realizing that until the public embraced public transportation more than in the past, what was planned wouldnt be enough. He said the they wereBART board was trying to partner with the City to help plan as best they possibly could within the community and within BART to solve the problem. He said theyBART board would try to accommodate the demand.
In response to questions by VM Woerner, Mr. McPartland said preferential parking for electric vehicles was a question for the State of California, and not within the scope of what they were trying to do for BART.
Mr. McPartland verified that BART would stay along the freeway to Isabel, and needed the public support to vote ěyesî on Proposition B which would be the transportation tax for the $400 million to start the process.
In response to questions by CM Turner, Mr. Vinn said staff was involvinginvolved Livermore Amador Valley Transit Authority (LAVTA) in the process; in fact, the federal grant received had been a partnership with LAVTA on the application, and some of the money was targeting analysis of the bus lines into and out of the future BART station.
Mayor Marchand said to reiterate, Measure BB would be the first time that capital dollars were allocated for BART to Livermore. He spoke regarding his conversations with Secretary of Transportation and the Secretary of Commerce for freight movement and additional funding sources.
CM Gary said every appropriate community value in the general plan, development guidelines, and open space preferences and sight lines needed to be addressed; however, he did not want to be too narrow in thinking at the beginning of a long journey.
ON THE MOTION OF CM GARY, SECONDED BY VM WOERNER AND CARRIED ON A 5 0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:
Resolution 2014 130 authorizing the City Manager to execute a memorandum of understanding with BART.
Resolution 2014 131 authorizing signing of agreement with Dyett & Bhatia (I 580/Isabel BART Station Ridership Development Plan/Specific Plan and Program Eenvironmental Impact Report, Project No. 2001 22 $691,249).
Resolution 2014 132 authorizing the City Manager to execute a funding agreement to pass through to the City $500,000 of bridge toll funds allocated to BART by the Metropolitan Transportation Commission to help fund preparation of a ridership development plan, and to execute any subsequent agreements.
Resolution 2014 133 authorizing the City Manager to execute agreements for the I 580/Isabel BART Station Ridership Development Plan/Specific Plan and Pprogram Eenvironmental Iimpact Rreport.
Discussion and direction regarding changing compensation and benefits for unrepresented Executive Management employees.
Recommendation: Staff recommended the City Council adopt a resolution establishing a Retirement Health Savings (RHS) plan benefit of 4% of base pay and direct the City Manager to eliminate the eligibility to participate in the retirement reimbursement health benefit for any Executive Management employee hired after August 1, 2014 who is not already participating in the benefit.
Staff also recommended the City Council adopt a resolution establishing a City contribution to the 457 Deferred Compensation Plan of $444 per month for Executive Management employees and directing the City Manager to reduce the cafeteria plan allowance for Executive Management employees by $444 per month effective August 1, 2014.
City Manager Marc Roberts provided an overview of the item, noting the item was one of a continuing set of items to implement Council direction to ultimately reduce obligations to long term funding of employee post employmentpost employment medical benefits.
Administrative Services Director Douglas Alessio presented the staff report.
ON THE MOTION OF CM TURNER SECONDED BY VM WOERNER AND CARRIED ON A 5 0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:
Resolution 2014 134 establishing a Retirement Health Savings (RHS) plan benefit of 4% of base pay for unrepresented Executive Management employees hired after August 1, 2014.
Resolution 2014 135 establishing a City contribution of $444 per month to the 457 Deferred Compensation Plan for unrepresented Executive Management eEmployees effective August 1, 2014.
6.04 Discussion and direction regarding pending State or Federal legislation. None.
Chris Pareja, Livermore, spoke regarding SB628 and expressed concerns regarding ramifications of accepting funding from sources with strings attached.
7. 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 Councilmembers.
Livermore Amador Valley Water Management Agency (LAVWMA) CM Horner said he attended the meeting on July 16, 2014. He said a new director was hired and there was preparation for construction of emergency overflows.
Intergovernmental Committee Meeting CM Horner said he attended the meeting on July 16, 2014.
CM Turner said she did not have any meetings to report.
Jobs/Housing Balance In response to questions by CM Turner, Community & and Economic Development Director Stephan Kiefer said an update on the Citys jobs/housing balance would be presented to Council at the September 22, 2014 Council meeting.
Livermore Downtown Inc. CM Gary said on July 28, 2014, he and the Mayor attended an ad hoc meeting for a recap on the 4th of July Fireworks event.
Vice Mayor Woerner said he did not have any meetings to report.
State Route 84 (SR 84) In response to questions by VM Woerner, Police Chief Michael Harris said SR 84 (Isabel) was in Livermores jurisdiction from Airway Boulevard to south of Vallecitos Road; Livermore Police handled all traffic and accident investigations in that area. The other portion of the highway was under the jurisdiction of the Highway Patrol. He said the Livermore Police Department patrolled the area daily as well as the Highway Patrol. He said there had been over 200 citations issued and 35 collisions on Isabel during 2014. He said citywide there had been over 425 collisions in 2014. He said he did not have the statistic to reflect how many of the citations or collisions involved big rigs; however, the majority of the collisions were due to speed and lane changes. Chief Harris said as soon as construction on Isabel was completed, Caltrans would conduct a speed survey that would assist in speed enforcement.
State Route 84 (SR 84) In response to questions by VM Woerner, Community & and Economic Development Director Stephan Kiefer said staff would present an updated report to Council at the October 13, 2014 meeting to address traffic, noise and enforcement issues. He said staff would provide an update on the City website as requested.
Alameda County Transportation Commission (ACTC) Mayor Marchand said he attended the meeting on July 24, 2014, and where the following items were discussed: the widening of SR 84 and the phasing over the next year, the level of service studies for Type 1 and Type 2 roads;, and the freight movement study.
Little League World Series Mayor Marchand said earlier in the day he welcomed the Little League World Series at the downtown parade. He said the series would begin on July 29, 2014 and would be held at Max Baer Park through August 4, 2014.
8. ADJOURNMENT 9:37 pm to a Closed Session immediately following the meeting.
JOHN P. MARCHAND, MAYOR
SUSAN NEER, CITY CLERK
SARAH BUNTING, ADMINISTRATIVE TECHNICIAN