CITY COUNCIL MINUTES
October 28, 2013
1. CALL TO ORDER The meeting of the City Council was called to order by Mayor John Marchand at 7:02 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.
2. PROCLAMATIONS AND PRESENTATIONS
2.01 Confirmation of advisory body appointments and administration of oath of office to new members:
Vincent Salem to an unexpired term ending June 1, 2017
Commission for the Arts
Cher Wollard to an unexpired term ending January 1, 2017
Human Services Commission
Reappointment of Barbara Bianchi Kai to a final term ending November 1, 2017
Livermore Area Youth Advisory Commission Adult
Reappointment of Amelia Benko to a regular term ending September 1, 2015
Livermore Area Youth Advisory Commission Youth
Siddarth Bokka to an unexpired term ending September 1, 2015
Bryanna O'Callaghan to an unexpired term ending September 1, 2015
Priya Sri-Tharan to an unexpired term ending September 1, 2015
Livermore Housing Authority
Wanda Hunter to an unexpired tenant term ending November 1, 2017
ON THE MOTION OF VM GARY, SECONDED BY CM HORNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS.
City Clerk Susan Neer administered the oath of office to Vincent Salem, Siddarth Bokka, Bryanna OCallaghan, Priya Sri-Tharan and Wanda Hunter.
2.02 Beautification Committee Annual Update.
Beautification Committee Chairperson Jennifer Frietas presented the update.
2.03 Presentation of the 2013 Beautification Awards.
Mayor Marchand and Beautification Committee Chairperson Jennifer Frietas presented the awards.
3. CITIZENS FORUM
John Stein, Livermore, spoke regarding former Livermore City Attorney Thomas R. Curry who recently passed away. He highlighted many of Mr. Currys accomplishments during his 21 years with the City.
Don Meeker, Livermore, spoke regarding the need for a history and arts facility in Downtown Livermore. He said the current location at the Carnegie Building was limited in size and could only exhibit a small fraction of collections. He said a new facility would enhance the cultural viability of Downtown Livermore.
Ted Giatas, Livermore Valley Performing Arts Center Executive Director, introduced himself to the Council and community as the new executive director for the Livermore Valley Performing Arts Center. He described his background and experience.
4. CONSENT CALENDAR
Items 4.02 and 4.05 were removed from the Consent Calendar to be considered separately.
Item 4.05 In response to questions and comments by CM Horner, City Manager Marc Roberts said there would be an approximate delay of four weeks to the project for staff to proceed through the request for proposal process to secure design services for the new Fire Station No. 9 at a lower contract administration rate.
Item 4.06 In response to questions by CM Turner, Senior Planner Scott Lee said approval of the agreement with Brandman Associates to conduct an environmental review would not be considered pre-authorization for a General Plan Amendment.
Item 4.06 Mayor Marchand said an inventory of alternative office space locations should be provided to tenants that may be displaced. He said there should be a study on the economic impact, the impact on area schools and how many employees would be affected by the possible relocation of existing businesses.
Community & Economic Development Director Stephan Kiefer confirmed there was no obligation by the City to Sunset Development to approve a General Plan Amendment by approving the contract with Brandman Associates. He said the EIR was paid for by the applicant and not the City. He said the EIR would include the analysis on impact to schools, but would not include an economic analysis.
VM Gary said he did not want City staff to spend time answering questions that were purely driven by an application for a major change to the General Plan. He said the cost of any further studies or analysis should be borne by the applicant and not by the City.
Item 4.08 In response to questions by Mayor Marchand, Mr. Kiefer said a study of that scale required 4-6 months of study including stakeholder feedback and community feedback, and would contain flexibility to accommodate any changes such as a regional theater. He said existing parking policies and comparisons to other cities would be reviewed and evaluated to develop a best management strategy. He added that a parking management program did not automatically mean parking meters. He defined way finding as signage in the downtown or the most efficient way to find available parking.
Item 4.04 In response to questions by Mayor Marchand, Mr. Kiefer said the definition per the California Education Code referred to crowding in terms of students per acre, not student per classroom. He said in Livermore, elementary schools averaged about ten acres per school; based upon the formula used by the California Education Code, overcrowding was anything over 1,100 students on the ten acres sites. He said Livermores more crowded elementary schools had approximately eight hundred students.
Item 4.05 In response to questions by Mayor Marchand, Fire Chief Jim Miguel said there would be a significant cost savings by relocating to an existing fire station; moving to a new location would potentially cost $200,000. Additionally, Fire Station No. 9 was ideally located in the middle of the response area; any location change would cause delays and create additional calls to Station 7 which was the busiest station in the District.
Item 4.02 Ken Bradley, Livermore, said he was not in support of the ordinance as it did not provide a remedy for owner-occupied properties and only made problem tenants move.
Item 4.08 John Stein, Livermore, spoke regarding a 2009 parking study that incorporated the regional theater and parking structure; he said there should be a financing study instead of a parking study. He said the study was premature and for the price of the contract, the Luckys site could be graded and graveled for 40-50 parking spaces.
Item 4.02 In response to questions by CM Woerner, Acting City Attorney Jason Alcala said the ordinance did not violate or ignore any law; he confirmed the ordinance was consistent with all existing laws in the state of California.
ON THE MOTION OF VM GARY, SECONDED BY CM WOERNER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 4.02 AND 4.05, THAT WERE REMOVED FOR CONSIDERATION AND VOTED ON SEPARATELY.
4.01 Approval of Minutes October 14, 2013 regular City Council meeting.
4.02 Adoption of Ordinance 1983 adding Chapter 8.13, Abatement for Unlawful Drug Activities or Purposes, to Title 8 (Health and Safety) of the Livermore Municipal Code, to declare the use of property for unlawful drug activities to be a nuisance when it negatively affects the surrounding neighborhood, and to grant the City Attorney authority to abate the nuisance after referral from the Police Department.
ITEM 4.02 ON THE MOTION BY MAYOR MARCHAND, SECONDED BY CM WOERNER AND CARRIED ON A 4-1 VOTE, CM TURNER VOTING NO, THE CITY COUNCIL ADOPTED THE ORDINANCE.
4.03 Introduction of an ordinance amending Municipal Code Chapter 11.08.070 (Airport Rules and Regulations) pertaining to the occupancy of corporate and executive hangars.
4.04 Introduction of an ordinance amending Municipal Code Title 15 Building and Construction, to repeal old codes and adopt the new 2013 editions of the California Building, Electrical, Mechanical, Plumbing, Residential and Green Building Standards Codes, the 2012 edition of the International Property Maintenance Code, the 2013 California Fire Code and adopt minor administrative corrections within the Building, Fire, Residential, and Dangerous Building codes that will help clarify the intent of pertinent sections. The effective date of the ordinance will be January 1, 2014.
4.05 Resolution authorizing the execution of an agreement with RRM Design Group, in the amount of $377,200, for design of a new Fire Station No. 9 located at 1919 Cordoba Street.
ITEM 4.05 ON THE MOTION BY CM HORNER, SECONDED BY VM GARY AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL VOTED TO NOT APPROVE THE RESOLUTION.
THE CITY COUNCIL DIRECTED STAFF TO RE-COMPETE THE ITEM ON A QUALIFICATION-BASED SELECTION PROCESS AND A NEGOTIATED FEE.
4.06 Resolution 2013-127 authorizing execution of an agreement with Brandman Associates (dba FirstCarbon Solutions), in the amount of $188,000, for conducting an environmental review for the Sunset Development proposals.
4.07 Resolution 2013-128 authorizing concurrent consideration of General Plan Amendment (GPA) 13-007 and Zoning Map Amendment (ZMA) 13-003. The GPA will implement Housing Element Program 1.1.1 (Residential Sites Inventory) by redesignating two sites-one on the northeast corner of Bennett Drive and Las Positas Road and the other east of the Vasco Road ACE Station-from Industrial to Urban High Residential. The ZMA will change the zoning of these sites to Planned Development (PD) for consistency with the revised General Plan designations.
4.08 Resolution 2013-129 appropriating $225,000 from the General Fund for the development of a Downtown Parking Management Program, and authorizing execution of an agreement with Nelson Nygaard, in an amount not to exceed $175,000 plus 10% contingency, for the development of a Downtown Parking Management Program. The additional $32,500 is intended to cover ancillary supplemental services costs.
4.09 Resolution 2013-130 declaring intention to call a public hearing on December 9, 2013 for formation of the State Route 84 (Isabel Avenue) Underground Utility District.
5. PUBLIC HEARINGS
5.01 Hearing to amend the Action Plan for the Community Development Block Grant Program.
Recommendation: Staff recommended the City Council continue the item to the November 25, 2013 City Council meeting.
THE CITY COUNCIL CONTINUED THE PUBLIC HEARING TO THE NOVEMBER 25, 2013 REGULAR CITY COUNCIL MEETING.
5.02 Hearing to consider a request to subdivide three existing vacant parcels for the development of 10 detached single family residences, landscaping, and appurtenant improvements.
Location: 3360 First Street (North of First Street, east of Inman Street)
Applicant: MAS Realty, Inc.
On-site and off-site public improvements: Street frontage improvements, including landscaping and connection to existing utilities
Site Area: 1.16+/- 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 15532, In-fill Development Projects
Application Number(s): Subdivision 13-007 (Vesting Tentative Tract Map 8146); Downtown Design Review 13-011
Recommendation: The Planning Commission and staff recommended the City Council adopt a resolution approving Vesting Tentative Tract Map 8146 (Subdivision 13-007) and Downtown Design Review 13-011, subject to conditions, and direct staff to file a CEQA Notice of Exemption.
Senior Planner Scott Lee presented the staff report.
In response to questions by CM Turner, Mr. Lee confirmed there would be a bike lane on both the east and west sides of First Street.
In response to questions by CM Horner, Mr. Lee said the street lights were on private streets and private areas; the City standards for LED lights applied to public streets. He confirmed the residents would pay for the electricity for the street lights in the development. He said staff would recommend the use of LED lights to the applicant.
Mayor Marchand opened the public hearing.
There were no speakers and the hearing was closed.
ON THE MOTION OF VM GARY, SECONDED BY CM HORNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2013-131 approving Vesting Tentative Tract Map 8146 (Subdivision 13-007) and Downtown Design Review 13-011 for the subdivision of three vacant parcels on the north side of First Street, and east of Inman Street for the development of 10 detached single family residences.
6. MATTERS FOR CONSIDERATION
6.01 Discussion and direction regarding City Council appointments to Intergovernmental Agencies.
Mayor Marchand appointed himself and CM Woerner to the Tri-Valley Utility Coordination Ad-Hoc Committee.
6.02 Update on Quality of Life Programs.
Recommendation: The report was for information only; no action was required.
Police Chief Michael Harris presented the staff report.
In response to questions by CM Woerner, Chief Harris said staff was in the process of drafting the camping and social host ordinances.
CM Woerner said he appreciated the report and requested staff return in twelve months with updated statistics and trends of the various programs.
CM Turner requested there be community outreach regarding the camping ordinance, and an update in one year on the use and effectiveness of the nuisance ordinance that was adopted (Ordinance 1983).
In response to questions by Mayor Marchand, Assistant City Manager Troy Brown said staff was researching and evaluating the data for consideration of implementation of a false alarm ordinance.
In response to Mayor Marchands comments regarding a domestic violence program in the City of Hayward called Project Outreach, Chief Harris said the department worked with Tri-Valley Haven for victims of domestic abuse and violence to provide assistance and counseling.
THE CITY COUNCIL RECEIVED THE REPORT AND DIRECTED STAFF TO PROVIDE AN UPDATE IN TWELVE MONTHS.
6.03 Discussion and direction regarding the Altamont Landfill Open Space Committees recommendation to fund the City of Livermores grant request in the amount of $420,000 to contribute one half of the funds to acquire approximately 81 acres in Doolan Canyon (Assessors Parcel Nos. 905-0008-001-11 and 905-0007-001-01); and the use of $420,000 from the City's Transferable Development Credits In Lieu Fund to cover the other half of the acquisition.
Recommendation: Staff recommended the City Council adopt a resolution accepting the recommendation from the Altamont Landfill Open Space Committee authorizing the City's grant request in the amount of $420,000; authorizing the expenditure of $420,000 in Transferable Development Credits In Lieu Fund; and authorizing execution of a Purchase and Sale Agreement with the Doolan Road Partnership in substantially the same form as the agreement attached hereto and execution of all related documents.
Senior Planner Steve Stewart presented the staff report.
CM Turner spoke in support of approving the item as presented.
Mayor Marchand invited public comment.
John Stein, Livermore, spoke in support of approval of the item. He said it was critical for the City to acquire the entire watershed for Cottonwood Creek.
ON THE MOTION OF CM WOERNER, SECONDED BY CM TURNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2013-132 accepting the recommendation from the Altamont Landfill Open Space Committee authorizing the Citys grant request in the amount of $420,000; authorizing expenditure of $420,000 in Transferable Development Credits In Lieu Fund; and authorizing execution of a purchase and sale agreement with the Doolan Road Partnership for the acquisition of approximately 81-acres located in Doolan Canyon.
6.04 Financial Update Informational Report.
Recommendation: The report was for information only; no action was required.
Administrative Services Director Douglas Alessio presented the Preliminary Operating Results for Fiscal Year-End 2013.
VM Gary requested staff include not only the OPEB liability but also provide alternatives to funding fleet and IT replacement funds in the next budget cycle.
CM Woerner said the City would not be able to solve the OPEB liability on its own and should partner to solve it. He said the next fiscal update should include what the Citys priorities were with respect to OPEB, fleet and IT replacement funds.
THE CITY COUNCIL RECEIVED THE REPORT.
6.05 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.
Livermore Amador Valley Water Management Agency (LAVWMA) CM Horner said he attended the meeting on October 16, 2013. Two quarterly reports were approved and recruitment efforts had commenced to replace the retiring executive director.
Tri-Valley Transportation Committee (TVTC) CM Horner said he attended the meeting on October 17, 2013. He said a there was a presentation on the TRILINK State Route 239, a proposed highway that would run from Brentwood to Tracy. He requested staff attend one of the public hearings on the item in Alameda County. He said he also attended the sub-committee meeting to review the regional significance in the Tri-Valley area with proposal for the Iron Horse Trail to run parallel to I-580.
History and Art Museum CM Horner requested staff to explore the formation of an ad-hoc committee to pursue a history and art museum as described by Mr. Meeker during Citizens Forum. He requested staff to prepare a report on the composition of an ad hoc committee charged with the feasibility of composition, stakeholders, input from the community, size, location and financing.
VM Gary said he supported staff studying the history and art museum along with other possible projects to complete the Downtown. He said there were several great ideas for the Downtown area.
CM Woerner said he supported the idea of preparation of a feasibility study for establishing the vision for the Downtown and addressing the funding needs and sources. He said there needed to be a broad group to explore all the possibilities in the Downtown.
CM Horner received consensus from the Council as amended by VM Gary and CM Woerner.
StopWaste.org CM Turner said she attended the meeting on October 23, 2013. There was a discussion on household hazardous waste and there was a link on the Citys website to the meeting. She said the benchmarking fee that passed last summer would pay for a waste characterization report to be received by all residents in January 2014. She said residents could opt out of the fee within 60 days of receiving the report.
Pacific Chamber Symphony CM Woerner said the attended the fund raising event.
Advisory Body Sub-Committee Interviews CM Woerner said he would like to include the School District with the Livermore Area Youth Advisory Commission. He said the Commission could be enhanced if there was a liaison from each of the government bodies within the City and would be part of a unified strategic plan for the youth.
CM Woerner received consensus from the Council on the item.
VM Gary requested staff to focus on two projects, including the redesign of Fire Station No. 9 and the feasibility study on the reuse of the old Civic Center Library.
City Manager Marc Roberts said staff was in the process of preparing the feasibility study for the reuse of the old Civic Center Library.
Sister City Mayor Marchand said on October 15, 2013 he met with the delegation from Snezhinsk, Russia, to review available youth programs and healthcare services.
Livermore Amador Valley Water Management Agency (LAVWMA) Mayor Marchand said he attended the meeting on October 16, 2013.
East Bay Regional Communication System Authority (EBRCSA) Mayor Marchand said he attended the meeting on October 18, 2013. He said a maintenance contract was approved and there was a status update on the negotiations with Oakland joining the system.
Living Arroyos Mayor Marchand said on October 19, 2013 he participated in the program by planting acorns and picking up trash with the Urban Creek Council Zone 7 Water Agency and the City.
Job and Resource Fair Mayor Marchand said on October 22, 2013 he was a moderator on a panel for an employer job and resource fair with Alameda County and State agencies.
Graduation Mayor Marchand said on October 23, 2013 he attended the inaugural Paramedic Program Graduation at Las Positas College.
Transportation Expenditure Plan Mayor Marchand said on October 24, 2013 he attended the Transportation Expenditure Plan sub-committee working on the new edition of Measure B that would be on the November 2014 ballot.
Mayors Healthy Cook-off Mayor Marchand said he attended the cook-off on October 24, 2013.
Homelessness Forum Mayor Marchand requested staff arrange for a Homelessness Forum with a panel of providers and he would be the moderator.
Non-Smoking in the Downtown Mayor Marchand requested the Downtown merchants be polled as to their interest in a non-smoking ordinance in the Downtown.
Library Café Mayor Marchand requested staff contact Del Valle School and inquire if there was any interest for their culinary arts program to partner with the City to provide services at the Library Café.
8. ADJOURNMENT the meeting was adjourned at 9:02 pm in memory of former Livermore City Attorney Thomas R. Curry, to a regular City Council meeting on Monday, November 25, 2013 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.
JOHN P. MARCHAND, MAYOR
SUSAN NEER, CITY CLERK