CALL TO ORDER

PROCLAMATIONS AND PRESENTATIONS: Honoring the 50th Anniversary of the Independent Newspaper

CITIZENS FORUM

CONSENT CALENDAR

PUBLIC HEARINGS: Hearing to consider an update to the Transfer Development Credit Program

Hearing to consider a request to construct four detached homes instead of two attached duets on four existing lots

Hearing to consider a proposed amendment to the Livermore General Plan to incorporate Alameda County Airport Land Use Compatibility Plan (ALUCP) policies into the General Plan

MATTERS FOR CONSIDERATION

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

ADJOURNMENT

CITY COUNCIL MINUTES

September 9, 2013

________________________________________________________________

REGULAR MEETING

1.

CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting of the City Council was called to order by Mayor John Marchand at 7:01 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

1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION

Acting City Attorney Jason Alcala said there was no reportable action; the Closed Session would be continued to after the regular meeting.

2. PROCLAMATIONS AND PRESENTATIONS

2.01

PROCLAMATIONS AND PRESENTATIONS: Honoring the 50th Anniversary of the Independent Newspaper

Mayor Marchand presented the proclamation to Joan Seppala, Publisher, and David Lowell, Associate Publisher at the Independent Newspaper.

3.

CITIZENS FORUM Jan Cornish-Barcus, Community Outreach Coordinator, Livermore Amador Valley Transit Authority, spoke regarding bus service changes including discontinued and simplified routes, additional service, and direct service to the Livermore Public Library.

John Stein, Livermore, spoke regarding the Bankhead Theater and said a city-wide bond measure should be considered for operation and maintenance of the theater. He spoke regarding the importance of expanding urban green space in Livermore over the next thirty years.

Don Meeker, Livermore, spoke regarding the history of the position of City Manager in the City of Livermore.

Dennis Vied, Livermore, spoke regarding the fixed base operator (FBO) at the Livermore Municipal Airport. He said the new fixed base operator would be a front porch to Livermore and would represent the first impression of the city; the FBO would privatize the operation and provide better service.

4.

CONSENT CALENDAR Item 4.02 In response to questions by CM Woerner, Assistant City Manager Troy Brown said in past agreements, the consultant was eligible to receive a percentage of recovered sales taxes and at times the percentage was unknown to the City. He said the new contract would cap the percentage of potential revenues and allow the City to have a conversation with the consultant regarding compensation if the amount reached a certain threshold.

Item 4.03 In response to questions by CM Horner, Administrative Services Director Douglas Alessio said the current budget would reflect the unexpected reduction of expenses due to the refinance of the certificates of participation, and the coming two-year cycle would reflect the change of expense.

Item 4.08 In response to questions by CM Horner, Assistant City Manager Troy Brown said approximately two years ago legislation changed the use of Public, Educational, and Government (PEG) funds from operational expenses to capital expenses; despite hard lobbying by cities in the Tri-Valley, no significant progress had been made.

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

4.01 Approval of minutes - July 8, 2013 regular City Council meeting and July 22, 2013 regular City Council meeting.

4.02 Resolution 2013-101 authorizing execution of an agreement with Hinderliter, de Llamas and Associates, Inc. (HdL), for sales, use, and transaction tax management and audit services and Resolution 2013-102 amending Resolution 2011-200 authorizing examination of sales and transactions and use tax records under revenue and taxation code section 7056.

4.03 Resolution 2013-103 authorizing the extension of the letter of credit with US Bank for the Citys 2008 Variable Rate Demand Certificates of Participation (Refunding and Capital Projects), an Amended and Restated Reimbursement Agreement, a Letter Agreement, and a Remarketing Agreement; and authorizing and directing certain actions with respect thereto.

4.04 Resolution 2013-104 amending Resolution 72-79 to add the classification of Landscape Maintenance Specialist to the Municipal Employees' Association for Negotiations Salary Schedule.

4.05 Resolution 2013-105 accepting for permanent maintenance and releasing of security for the 2012-2013 Sidewalk Repair Program, Project No. 2013-02, and the Annual Curb and Gutter Replacement, Project No. 2007-22.

4.06 Resolution 2013-106 accepting for permanent maintenance and releasing of security for the ADA Access Ramps 2013, Project No. 2013-07.

4.07 Resolution 2013-107 accepting for permanent maintenance and releasing of security for the Downtown Iron Horse Trail, Project No. 2010-40.

4.08 Resolution 2013-108 authorizing appropriation and expenditure of an additional $32,680 in capital funds from Public, Educational, and Governmental access fees for Tri-Valley Community Television capital expenses in FY 2013-2014.

4.09 Resolution 2013-109 authorizing appropriation of $159,168 in unexpended Housing and Human Services Grant funds from FY 2012-2013 to FY 2013-2014.

4.10 Resolution 2013-110 authorizing expenditure of the remaining 2010 Justice Assistance Grant funds, in the amount of $17,468, for the purchase of the Telestaff public safety scheduling system for the Livermore Police.

5. PUBLIC HEARINGS

5.01

PUBLIC HEARINGS: Hearing to consider an update to the Transfer Development Credit Program

Location: Various
Applicant: City of Livermore
On site and off site public improvements: None
Site Area: Various
Zoning: Various
General Plan: Various
Historic Status: None
CEQA: A Negative Declaration under the provisions of the California Environmental Quality Act (CEQA) will be considered.
Application Number: DCA13 003
Recommendation: Staff recommended the City Council adopt a resolution updating the Transfer Development Credit (TDC) In-Lieu Fee and certifying the environmental document; and introducing an ordinance approving Development Code Amendment 13-003 to modify the TDC acquisition rate.

Senior Planner Steve Stewart presented the staff report.

Mayor Marchand opened the public hearing.

John Stein, Livermore, spoke regarding sale prices for residential properties, setting the TDC annually rather than biannually, the urban growth boundary, and development of a plan for land in north Livermore.

Bob Hencken, Senior Vice President and Managing Director, Summerville Homes, spoke in support of staff recommendation.

John Steinbuch, Colliers International, spoke in support of staff recommendation.

There were no more speakers and the hearing was closed.

In response to questions by CM Horner, City Manager Marc Roberts said the primary reason for removing the requirement of a beginning of construction date was due to the nature of the fee. He said government code allowed for a variety of ways to impose the fees as a governmental entity and AB1600 was the general umbrella under which impact fees could be imposed. He said the TDC was not an impact fee and was based on a density bonus which would be granted on subdivision; internal analysis led the City to tie the subdivision to the entitlement. He said the TDC program would be reviewed by the City Council biannually.

VM Gary spoke in support of staff recommendation; he said a two-year review was reasonable and gave developers stability of prediction from conception to subdivision approval.

In response to questions by CM Woerner, Mr. Stewart said the TDC program was expected to generate $28-$30 million; some sites were long-term and some were near-term. He said other sites converting to residential use would generate additional revenue; the big picture estimate was $30-$40 million overall, and in conjunction with the revenue the amount would be well over $50 million to acquire all the TDCs.

In response to questions by CM Woerner, Mr. Roberts said previously identified sites would convert with no change to the general plan; the second more speculative number would require a general plan amendment. He said the numbers were calibrated to harvest as much value as possible and still have the project penciled; if the Council wanted to try to discourage development, they would place the TDC much higher.

ON THE MOTION OF CM TURNER, SECONDED BY VM GARY AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION AND INTRODUCED THE FOLLOWING ORDINANCE: Resolution 2013-111 updating the Transfer Development Credit (TDC) In-Lieu Fee and certifying the environmental document.

Ordinance introduced approving Development Code Amendment 13-003 to modify the Transfer Development Credit acquisition rate.

5.02

Hearing to consider a request to construct four detached homes instead of two attached duets on four existing lots in a previously approved and substantially completed project; amend a previous Housing Implementation Program approval to construct detached homes and allow payment of affordable housing fees in lieu of selling the units as restricted affordable units on two of the four lots; amend the zoning district to allow for detached homes on the affected lots; and review the proposed architectural design.

Location: Sonia Street and Sonia Way in the "Grove" development (Lots 40 and 41 of Tract Map 7421 and Lots 8 and 9 of Tract Map 7552)
Applicant: Livermore Grove LP
On site and off site public improvements: Revised driveway approaches and potentially revised street light and/or street tree locations and plantings.
Site Area: 22.5 acres under the subject zoning
Zoning: Planned Development Residential (PD R) 02 009
General Plan: Urban Low Medium Residential (ULM; 2.0 to 3.0 units per acre)
Historic Status: None
CEQA: This project is Categorically Exempt under the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations).
Application Numbers: DCA 13-002, HIPA 13-001, and SPAM 13-006
Recommendation: The Planning Commission and staff recommended the City Council introduce an ordinance approving Development Code Amendment 13-002, adopt a resolution approving Housing Implementation Program Amendment 13-001 and Site Plan Design Review Modification 13-006, and direct staff to file the California Environmental Quality Act Notice of Exemption with the Alameda County Clerk.

Associate Planner Frank Guido 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 INTRODUCED THE FOLLOWING ORDINANCE AND ADOPTED THE FOLLOWING RESOLUTION:
Ordinance introduced approving Development Code Amendment 13-002 and thereby amending the development standards of Planned Development Residential (PD-R) District 02-009.

Resolution 2013-112 approving Housing Implementation Program Amendment 13-001 and Site Plan Design Review Modification 13-006, and directing staff to file the California Environmental Quality Act Notice of Exemption with the Alameda County Clerk.

5.03

Hearing to consider a proposed amendment to the Livermore General Plan to incorporate Alameda County Airport Land Use Compatibility Plan (ALUCP) policies into the General Plan. The proposed General Plan Amendments modify the Land Use, Circulation, Noise, and Public Safety Elements of the General Plan. The ALUCP establishes policies to encourage compatibility between Airport operations and future land uses within the Airport Influence Area.

Location: Citywide
Applicant: City of Livermore
On-site and off-site public improvements: None
Site Area: Citywide
Zoning: Various
General Plan: Various
Historic Status: None
CEQA: A Negative Declaration under the provisions of the California Environmental Quality Act (CEQA) will be considered.
Application Number: GPA12-003
Recommendation: The Planning Commission, Airport Commission and staff recommended the City Council adopt a resolution approving General Plan Amendment 12-003, to amend the land use, circulation, noise, and public safety elements of the Livermore General Plan for consistency with the Alameda County Airport Land Use Compatibility Plan.

Senior Planner Ben Murray presented the staff report.

Mayor Marchand opened the public hearing.

John Stein, Livermore, spoke regarding the airport protection area and said the proposed airport land use consistency plan made landings at the airport more dangerous and would place residential development in high noise areas. He said the plan did not address additive noise from the freeway or a potential BART alignment; and spoke regarding parking at BART stations.

There were no more speakers and the hearing was closed.

CM Horner said in Table 3.2, developments like manufacturing and research and development were permitted in Zone 7; recently, a charter school moved into an area designated as manufacturing and research yet the chart showed that schools K-12 were not permitted within the region.

Mayor Marchand said CalTrans made the guidelines as a recommendation based on local control and the Planning Commission approved the charter school as a use.

In response to questions by CM Horner, Mr. Murray said when the charter school was reviewed the Compatibility Plan had not been adopted and the evaluation would be different today.

In response to questions by Mayor Marchand, Mr. Murray said the Compatibility Plan looked at noise contours from the airport and the noise element had other policies to factor in freeway noise.

Mayor Marchand said the main goal was to get BART funded; in accordance with Metropolitan Transportation Commission (MTC) Resolution 3434, unless there was a Transit Oriented Development (TOD) component, there would be no funding.

In response to questions by CM Woerner, Mr. Murray said the general plan amendment and the Compatibility Plan did not modify the airport protection area; there would be a separate general plan amendment to amend the airport protection area.

In response to questions by Mayor Marchand, Mr. Murray said the Compatibility Plan did not impact currently approved uses; the plan was only for new development or zoning changes. He said there were a variety of ways uses could be vested through development agreements, planned development districts, maps, and use districts.

VM Gary spoke in support of staff recommendation; he said the Planning Commission, Airport Commission and staff unanimously recommended adoption of this modification to make the general plan consistent with regional findings. He said the plan was much more modern and allowed diversity of different regulatory uses.

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 2013-113 approving General Plan Amendment 12-003, to amend the land use, circulation, noise, and public safety elements of the Livermore General Plan for consistency with the Alameda County Airport Land Use Compatibility Plan.

6.

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

6.02 Discussion and direction regarding initiation of a Municipal Code amendment to abate properties used for illegal drug activities.

Recommendation: Staff recommended the City Council adopt a resolution initiating a Municipal Code amendment to abate properties used for illegal drug activities.

Mayor Marchand said the amendment was not about revenue or finding ways to penalize property owners; it was about engaging property owners and providing tools to remove problem tenants from the community.

Acting City Attorney Jason Alcala presented the staff report.

Timothy May, Executive Director, Rental Housing Association, spoke in support of the recommendation.

CM Turner said she had a big problem with the item because property owners were being punished; she said it was not easy to evict somebody and the homes could already be being trashed by people and now the City was going to punish them further by abating their property. She said instead of abating the person, the City was charging the homeowner and if people were evicted, they would go somewhere else in the community. CM Turner said drug enforcement should focus on the person, not the dwelling where they lived; she said it could not be right, ethical, or a correct mechanism of action to dump that in the property owners lap.

Mayor Marchand spoke regarding a property in Livermore where the Police Department was repeatedly involved; he said there were situations with multiple arrests and either the Drug Enforcement Administration (DEA) did not charge, or there were charges pending. He said the ordinance was not about revenue, but bringing absentee property owners and landlords to the table. He said Pleasanton and Dublin had zero tolerance programs where they could evict people in three days; when asked where the evictees go, the response was they go to Livermore. He said it was not about attacking the property owner but about giving the property owner tools to eliminate problem tenants.

CM Turner said she did not see where support and assistance were offered to a property owner to evict bad tenants; she saw penalization for the poor judgment of renting to the wrong person.

Mayor Marchand said the City would be working with the property owners to provide tools and the incentive to come to the City.

Mr. Alcala said the public nuisance ordinance would be broad enough to cover not only the property owner, but also the tenant; he said staff was creating a situation where the City could initiate an unlawful detainer action where the City could remove the tenant at the property owners request if they were unable to do so.

In response to questions by Mayor Marchand, Mr. Alcala said the City Council was giving staff direction to craft an ordinance and return for adoption. He said staff was asking for direction to initiate a municipal code amendment allowing staff to declare the use of real property for illegal drug use to be a public nuisance and the authority to abate that public nuisance.

VM Gary said he would like a broader explanation of where the specific code enhancements would fit within the existing rental property regulatory toolbox to assist both property owners and neighborhoods who could not deal with an absentee landlord. He asked staff to deal with this comprehensively.

CM Woerner said situations were usually complex and the ordinance needed to allow compassion and understanding with some kind of latitude.

In response to questions by CM Woerner, Mr. Alcala said the ordinance was the first and most immediately available of a series of tools that would be coming back to the City Council.

ON THE MOTION OF CM HORNER, SECONDED BY CM WOERNER AND CARRIED ON A 4-1 VOTE, CM TURNER VOTING NO, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION: Resolution 2013-114 initiating a Municipal Code amendment to abate properties used for illegal drug activities.

6.03 Discussion and direction regarding pending State or Federal legislation. None.

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.

Tri-Valley Transportation Council CM Horner said he attended the meeting where the Council unanimously voted to bring an amended strategic expenditure plan to adjust fees accordingly.

CM Turner requested staff find a mechanism for providing follow up to questions asked by citizens at City Council meetings.

Livermore Amador Valley Transit Authority CM Woerner said on September 9, 2013 he attended the Board meeting and on August 26, 2013 he attended the Projects and Services Subcommittee meeting; he said there was a passenger satisfaction survey report which had very high ratings and said the Rapid bus was a very good option from the Dublin BART station.

CM Woerner requested staff prepare an assessment of tools to address quality of life issues relative to other communities.

VM Gary asked staff to include the due process steps in these tools to facilitate the community conversation to deal with tough issues through a set of steps that yield a safety process and right of appeal.

Livermore Downtown, Inc. VM Gary said on August 20, 2013 he attended the meeting regarding vibrant downtown ideas and future research study opportunities; he said there was a lot of economic development interest activity with the downtown businesses.

Livermore Rotary Club Mayor Marchand said on August 20, 2013 he presented an update on City activities to the Rotary Club.

Police Chief Swearing In Ceremony Mayor Marchand said on August 21, 2013 he swore in Police Chief Mike Harris.

Chamber of Commerce Mayor Marchand said on August 22, 2013 he attended the affordable healthcare presentation.

Ehrenberg Cellars Mayor Marchand said on August 24, 2013 he attended the welcoming event.

Local Agency Formation Commission (LAFCo) Mayor Marchand said he attended the conference from August 28-30, 2013. He said the local agency formation commissions were created fifty years ago to preserve agriculture and open space land resource, encourage orderly formation of local government agencies, and discourage urban sprawl.

Mayor Marchand asked staff to look at solutions for tree roots in the community that were beginning to jump root barriers and might eventually lift sidewalks.

Mayor Marchand requested staff look into specifying male fruit-bearing trees rather than the female trees for developments including the Grove project.

Community Service Council Mayor Marchand said the group would meet to recap their successes on September 24, 2013.

Mayors State of the City Address and Community Hall Mayor Marchand said as part of an initiative to engage the community, on September 25, 2013 he would present the State of the City Address at the Livermore Public Library.

8.

ADJOURNMENT The Regular Meeting adjourned at 8:39 pm to the continued Closed Session.

CLOSED SESSION
CALL TO ORDER The closed session of the City Council was called to order by Mayor Marchand at 8:55 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

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

ADJOURN TO CONTINUED CLOSED SESSION
REPORT OF ACTION TAKEN IN CLOSED SESSION Acting City Attorney Jason Alcala said there was no reportable action.

ADJOURNMENT The Closed Session adjourned at 10:05 pm to a regular City Council meeting on Monday, September 23, 2013 at 6:30 pm, for the Summer Reading Program Awards and the regular City Council business meeting at 7:30 pm, Council Chambers, 3575 Pacific Avenue, Livermore.


APPROVED:
JOHN P. MARCHAND, MAYOR

ATTEST:
SUSAN NEER, CITY CLERK