CALL TO ORDER / PLEDGE OF ALLEGIANCE

PROCLAMATIONS AND PRESENTATIONS

CITIZENS FORUM

CONSENT CALENDAR

PUBLIC HEARINGS

MATTERS FOR CONSIDERATION

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

ADJOURNMENT

CITY COUNCIL

NOVEMBER 26, 2018

________________________________________________________________ CLOSED SESSION

CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor John Marchand at 6:02 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

ROLL CALL - Present: Mayor John Marchand, Vice Mayor Bob Woerner, and Council Members Robert W. Carling, Bob Coomber, and Steven Spedowfski.

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

ADJOURN TO CLOSED SESSION

1. Conference with Labor Negotiator, Joint Powers Agency Confidential Information. To meet with Administrative Services Director Douglas Alessio, the City's negotiator, pursuant to Government Code sections 54957.6, and 54956.96 regarding negotiations with The International Association of Firefighters, Local 1974, AFL-CIO-CLC.

2. Conference with Real Property Negotiator. To meet with Paul Spence and Steve Stewart, the City's negotiators pursuant to Government Code section 54956.8, regarding an amendment to the disposition and development agreement approved on September 10, 2018, for the sale and disposition of the real property at Assessor's Parcel Numbers 098-0289-021-00, 098-0407-029-02, 098-0289-013-11, and 098-0407-013-00. The City negotiators may negotiate with Rikesh Patel on behalf of the Presidio Companies, LLC and 2205 Railroad Avenue LCC. The instructions will concern amendments to the price and terms of payment in exchange for an amendment to the disposition and development agreement to allow for the development of a three-story hotel.

3. Conference with Real Property Negotiator. To meet with Steve Stewart and Andy Ross, the City's negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor's Parcel Number 905-0003-012. The City negotiators may negotiate with Mark Ahern on behalf of trustees and property owners Keith W. Olson, Barbara P Olson, Dennis Jones, et al. The instructions will concern price and terms of payment.

4. Conference with Real Property Negotiator. To meet with Paul Spence and Steve Stewart, the City's negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor's Parcel Number 98-282-9. The City negotiators may negotiate with Bordoni Ranch LLC, Green Valley Corporation, and their agents. The instructions will concern price and terms of payment.

5. Conference with Real Property Negotiator. To meet with Paul Spence and Eric Uranga, the City's negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor's Parcel Number 97-110-6-1. The City negotiators may negotiate with property owners and trustees Elizabeth A. Weight, Michael V. Conlan, and their agents. The instructions will concern price and terms of payment.

6. Anticipated Litigation - Conference with Legal Counsel. To meet with the City Attorney pursuant to Government Code section 54956.9(d)(4) to discuss whether to initiate litigation. (One case)

________________________________________________________________ REGULAR MEETING

1.

CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:00 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

1.01 ROLL CALL - Present: Mayor John Marchand, Vice Mayor Bob Woerner and Council Members Robert W. Carling, Bob Coomber, and Steven Spedowfski.

1.02 PLEDGE OF ALLEGIANCE

1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION

Regarding Closed Session Item No. 2, City Attorney Jason Alcala reported that the City had received a letter from 2205 Railroad Avenue requesting an amendment to the DDA approved by the City Council; and the City Council directed staff to negotiate an amendment to the DDA to allow for the development of a three-story hotel at the existing location consistent with the Downtown Specific Plan.

2.

PROCLAMATIONS AND PRESENTATIONS

2.01 Livermore Valley Performing Arts Center Annual Update.

Scott Kenison, Executive Director, Livermore Valley Performing Arts Center, presented the annual update.

2.02 Airport Commission Annual Update.

Airport Commission Chairperson Alex Shezifi presented the annual update.

2.03 Reappointment of James N. Doggett to the Alameda County Mosquito Abatement District Board of Trustees.

ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE REAPPOINTMENT.

3.

CITIZENS FORUM

David McGuigan, Livermore, spoke regarding photographs depicting skid marks relating to a traffic incident and spoke in opposition to Mayor Marchand.

Greg Scott, Livermore, spoke regarding issues relating to homelessness in Livermore, including inequality and City staff's removal of a homeless person's trailer.

Mayor Marchand requested the Police Chief follow up regarding the trailer removal noted by Mr. Scott.

Rachael Snedecor, Livermore Downtown Inc. (LDI), announced several upcoming LDI events and fundraisers.

Ken Bradley, Livermore, spoke regarding his request for records related to the development agreement with Red Bear.

David Kent, Livermore, spoke regarding election results, saying the voters had overwhelmingly supported the existing Council and the Downtown plan.

Gina Bonanno, Pedrozzi Foundation Board of Directors, announced an upcoming workshop to help students complete applications for federal aid.

Conni Naylor asked the City Council to budget funds for the Springtown open space and offered the community's fundraising support.

Darcie Kent, Darcie Kent Vineyards, supported a Downtown hotel to support the wine-growing industry, saying the community had waited long enough.

Doug Mann, Livermore, made suggestions for moving forward with the Downtown project quickly, including moving the location of the hotel and expanding the affordable housing on Pacific Avenue.

In response to questions by Mayor Marchand regarding the applicant's interest in lowering the height of the hotel, City Attorney Jason Alcala said that one of the applicant's motivations had been regarding the referendum petition and compliance with existing Downtown Specific Plan regulations.

Scott Gregerson, President, Stanford Health Care - ValleyCare, thanked the City Council and the community for their efforts to defeat Measure U.

Neil Herrick, Livermore, expressed appreciation to staff and the City Council.

Tracey Lewis Taylor, Chief Operating Officer, Stanford Health Care - ValleyCare, thanked the City Council for their efforts to defeat Measure U.

Louann Tung, Friends of the Arroyos, expressed concerns regarding the declining ground squirrel population on City property due to use of bait.

John Stein, Livermore, spoke regarding election results; he thanked existing Council Members and welcoming newly elected Trish Munro.

Karl Wente expressed appreciation to City staff and spoke regarding good government.

Dawn Argula, CEO, Livermore Valley Chamber of Commerce, expressed appreciation to the City Council for their leadership.

4.

CONSENT CALENDAR

Items 4.01-4.11 Karl Wente spoke in support of the public process.

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

4.01 Approval of draft minutes - October 15, 2018 special City Council meeting closed session; and October 22, 2018 regular City Council meeting.

4.02 Adoption of Ordinance 2078 amending Municipal Code Chapter 2.14 (Elections) to establish district-based elections for Council Members for implementation in the 2020 general municipal election and setting the sequence for districts in future elections.

4.03 Resolution 2018-186 authorizing execution of a Master Services Agreement and seventy-three month Scope of Work agreement with Granicus, Inc., in an amount not-to-exceed $169,270 for end-of-life Granicus Civica Content Management System (CMS) platform upgrades to Granicus VisionLive CMS platform of the City's website, including site redesign, server and software platform upgrades, data migration, implementation, training, and related ongoing web hosting services.

4.04 Resolution 2018-187 determining there remains a need to continue the emergency proclamation declared on March 15, 2017 for the February 19, 2017 flood damage.

4.05 Resolution 2018-188 authorizing issuance of a purchase order with DC Frost Associates, in an amount not to exceed $129,216, for three replacement spiral heat exchangers at the Water Reclamation Plant.

4.06 Resolution 2018-189 authorizing execution of an agreement with Urban Waterproofing Inc., in the amount of $1,388,000, for the Recoating of Building Exterior Insulation Finishing System (EIFS) - City Hall and Police Building Repair, Project No. 2015-16.

4.07 Resolution 2018-190 authorizing execution of a Medium-Term Lease Agreement with ABRM, dba Livermore Auto Mall, for new vehicle parking at the Livermore Municipal Airport.

4.08 Resolutions authorizing execution of contract amendments to increase existing contract amounts for on-call development plan check and engineering review services and authorizing an appropriation of General Funds for the added consultant services as follows:

1. Resolution No. 2018-191 authorizing a second amendment to professional services agreement with Daniel Valiao, to increase the not-to-exceed amount from $300,000 to $420,000.

2. Resolution No. 2018-192 authorizing a second amendment to professional services agreement with SNG & Associates, Inc. to increase the not-to-exceed amount from $300,000 to $480,000.

3. Resolution No. 2018-193 authorizing a first amendment to professional services agreement with Gils' Consulting to increase the not-to-exceed amount from $200,000 to $305,000.

4.09 Resolution 2018-194 approving the Annual Report on Development Fee and Connection Fee Revenues and Expenditures for Fiscal Year 2017-18.

4.10 Resolution 2018-195 approving modifications to the wages and benefits of Unrepresented Executive Management Employees.

4.11 Resolution 2018-196 adopting the City of Livermore Salary Plan as of November/December 2018, in accordance with California Code of Regulations, Title 2, Section 570.5

5.

PUBLIC HEARINGS

5.01 Hearing to consider an amendment to the City's Zoning Map to exhibit the parcel at 3622 East Avenue as Suburban Multiple Residential (RG-12). The current map incorrectly exhibits the parcel as Low Density Residential (RL).

. Location: 3622 East Avenue

. Site Area: 0.19 acres

. Applicant: City of Livermore

. Application Number: Zoning Map Amendment (ZMA) 18-003

. Public Improvements: None

. Zoning: Low Density Residential (RL)

. General Plan: Urban High Residential (UH-2)

. Historic Status: None

. CEQA: A Final Environmental Impact Report was adopted for the General Plan Update by the City Council on February 9, 2004 (Resolution 2004-035). The Final Environmental Impact Report indicates that no significant adverse environmental impacts will result from the project.

Recommendation: The Planning Commission and staff recommended the City Council:

1. Adopt the environmental determination and instruct staff to file a Notice of Determination with the Alameda County Clerk; and

2. Make the required findings and introduce an ordinance approving Zoning Map Amendment 18-003.

Principal Planner Stephen Riley presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

ON THE MOTION OF CM CARLING, SECONDED BY VM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE RECOMMENDATION AND INTRODUCED THE FOLLOWING ORDINANCE:

Ordinance introduced amending the Zoning District Map of the City of Livermore. (Zoning Map Amendment (ZMA) 18-003).

5.02 Hearing to consider a request to amend Development Agreement No. 208-98 to extend the terms for 10 years.

. Location: 651 Vallecitos Road

. Site Area: 120 acres

. Applicant: Sblend Sblendorio, on behalf of Charles and Alice Crohare

. Application Number: Development Agreement Amendment (DAA) 18-001

. Public improvements: None

. Zoning: Planned Development - South Livermore Valley Specific Plan (Subarea 7)

. General Plan: South Valley - Residential Development Area (SV-RDA), South Valley - Vineyard Commercial (SV-VC) and South Valley - Agricultural Preserve (SV-AP)

. Historic Status: None

. CEQA: Not a project under the California Environmental Quality Act (CEQA)

Hearing to consider a request to amend Development Agreement No. 87-99 to extend the terms for 10 years.

. Location: 2617 S. Vasco Road

. Site Area: 9.8 acres

. Applicant: Davey Tree Surgery Company

. Application Number: Development Agreement Amendment (DAA) 18-002

. Public improvements: None

. Zoning: Planned Development - South Livermore Valley Specific Plan (Subarea 2)

. General Plan: South Valley - Residential Development Area (SV-RDA) and South Valley - Agricultural Preserve (SV-AP)

. Historic Status: None

. CEQA: Not a project under the California Environmental Quality Act (CEQA).

Recommendation: Staff recommended the City Council:

1. Adopt the environmental determination and direct staff to file a Notice of Determination consistent with the provisions of the California Environmental Quality Act;

2. Introduce an ordinance authorizing a ten-year extension to Year 2029 of Development Agreement No. 208-98, between the City of Livermore and Olivina Ranch. No other Development Agreement changes are proposed; and

3. Introduce an ordinance authorizing a ten-year extension to Year 2029 of Development Agreement No. 87-99, between the City of Livermore and Davey Tree Surgery Company. No other Development Agreement changes are proposed.

Associate Planner Andy Ross presented the staff report.

Mayor Marchand opened the public hearing for Development Agreement 208-98.

Karl Wente expressed appreciation to staff for doing a good job.

There were no more speakers and the hearing was closed.

ON THE MOTION OF VM WOERNER, SECONDED BY CM COOMBER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE RECOMMENDATION AND INTRODUCED THE FOLLOWING ORDINANCE:

Ordinance introduced approving Development Agreement Amendment 18-001

between the City of Livermore and Olivina Ranch.

In response to questions by CM Coomber, Mr. Ross noted that the two hearings had been combined into one item for efficiency.

Mayor Marchand opened the public hearing for Development Agreement No. 87-99. There were no speakers and the hearing was closed.

ON THE MOTION OF CM CARLING, SECONDED BY CM SPEDOWFSKI AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE RECOMMENDATION AND INTRODUCED THE FOLLOWING ORDINANCE:

Ordinance introduced approving Development Agreement Amendment 18-002

between the City of Livermore and Davey Tree Surgery Company.

5.03 Hearing to consider approving a Disposition, Development and Loan Agreement with Eden Housing Inc., including a predevelopment loan in the amount of $500,000, for the development of the Downtown Multi-family Housing Site and an amendment to the Notice of Affordability Restriction on the Transfer of Property and Declaration of Covenants. Location: Approximately at Railroad Ave and L Street.

Recommendation: Staff recommended the City Council adopt two resolutions:

1. Finding the Disposition, Development and Loan Agreement ("DDLA") with Eden Housing, Inc. for Development of the Downtown Multi-family Housing Site (a portion of APN 098-0289-021-00) is consistent with the Addendum to the Downtown Specific Plan 2009 Subsequent Environmental Impact Report approved by City Council on September 10, 2018, Subsequent Environmental Report dated March 30, 2009, and Downtown Specific Plan Environmental Impact report dated February 9, 2004, and authorizing the City Manager to execute the DDLA, including the $500,000 Predevelopment Loan, and all documents necessary to effectuate the actions described in the DDLA; and

2. Authorizing the City Manager to execute the Amendment to the Notice of Affordability Restriction on the Transfer of Property and Declaration of Covenants on the property (a portion of APN 098-0289-021-00) to change the occupancy requirements imposed on the property as a condition of State funding, from affordable ownership to rental housing.

Housing Program Manager Frances Reisner presented the staff report.

In response to questions from the City Council regarding whether the housing was low-income or Section 8 housing, Ms. Reisner said a variety of working incomes would be served by the housing in the project

In response to questions by Mayor Marchand, Community Development Director Paul Spence confirmed that the community outreach workshops had showed the majority of respondents supported housing in the northwest quadrant of the site and the average number of units suggested by participants had ranged between 120-150.

In response to questions by CM Spedowfski, City Manager Marc Roberts noted that if only 84 units were constructed, an additional $3-5 million in general funds would be required to subrogate the 611 funds which could only be used for affordable housing.

Andrea Osgood, Director of Real Estate Development, Eden Housing, spoke in support of the project.

Mayor Marchand opened the public hearing.

Elizabeth Judge, Livermore, expressed concerns regarding the Council's priorities; she suggested moving the hotel location and lowering the number of housing units to 84.

In response to questions by Mayor Marchand regarding the referendum's effect on the maximum number of housing units on the site, Community Development Director Paul Spence said rescinding the Downtown Specific Plan amendments would raise the limit to 294 units.

Tamara Reus, Livermore, supported building 84 affordable units on the site, saying people signed the referendum because they were not happy with the plan.

Jan Brovont, Livermore, agreed with comments made by Ms. Reus.

Jacob Anderson, Livermore, spoke regarding the need for workforce housing in Livermore and supported the project.

Carol Garberson, Livermore, expressed concerns regarding parking; she suggested decreasing the number of units and moving them out of the Downtown.

Joan Green, Livermore, agreed with Ms. Garberson's comments; she suggested building housing elsewhere and moving the hotel location.

Rifka Several, Livermore, supported open space in the Downtown and suggested alternative housing options such as live-work units and co-housing.

Laning Thompson, President, Interfaith Housing, supported the project and spoke regarding the need for apartments for middle-income families.

Bill Dunlop, Livermore, expressed support for housing and suggested moving the housing to other sites to preserve open space in the Downtown.

Jean King, Livermore, said the plan did not reflect the community's priorities for the Downtown; she expressed concerns regarding parking, community character, and open space.

Donna Cabanne, Livermore, supported reducing the number of units to 84, saying approving the plan would block elements that residents wanted to add.

Doug Mann, Livermore, expressed concerns regarding the project and supported moving units to Pacific Avenue.

Maryann Brent said the city center should attract people; she opposed building housing on the site and suggested building housing elsewhere.

Michael Fredrich agreed with prior comments; he supported less housing on the site and supported delaying the project until the referendum was voted on.

David Rounds, Livermore, supported fewer apartments on the site to allow for more open space; and supported moving the hotel to the west side to provide parking near the Bankhead.

Denise Leddon supported open space on the site, reducing the number of housing units to 84, and building elsewhere.

Rich Buckley, Livermore, agreed with earlier comments; he expressed concerns regarding the layout of the housing plan and supported open space.

Asa Strout, Livermore, spoke regarding the need for affordable housing units in Livermore, noting average incomes in contrast to average housing prices.

Karl Wente supported the project, saying 130 housing units were not enough and the group of people speaking did not represent the majority of Livermore.

Doris Ryon, Livermore, read comments on behalf of Tom O'Neal in opposition to the number of housing units on the site.

Jeff Kaskey, Livermore, expressed concerns regarding unit sizes and the mix of unit types; he suggested smaller units be considered during negotiations.

Dawn Argula, CEO, Livermore Valley Chamber of Commerce, supported the item, the Downtown project, and the number of units; she spoke regarding Livermore's existing parks and open spaces.

Greg Scott, Livermore, expressed concerns regarding building dense housing in the city core, saying that only a privileged few would get the Downtown units.

There were no more speakers and the hearing was closed.

THE CITY COUNCIL RECESSED FROM 9:35-9:45 PM.

VM Woerner noted that project design was conceptual and would be refined over a multi-year process to balance the number of units with open space and other uses.

CM Carling reiterated VM Woerner's comments, saying everything was open for negotiation and there would be additional opportunities for public comment as the project moved forward.

CM Coomber expressed support for Eden Housing and the number of units in the project, saying it was important for kids to live in the community where they worked to reduce traffic. He said the City needed to build within the framework of the Urban Growth Boundary.

CM Spedowfski spoke at length in support of the item, noting the results of the election demonstrated support for the Council and the Downtown project. He said there was a moral obligation to build affordable housing on the site and he supported the compromise of 130 housing units.

VM Woerner spoke regarding the history of units on the project, noting that the number of units had been lowered and 130 was a reasonable compromise. He supported moving forward with the project and said the Pacific Avenue housing project was not related to the Eden Housing item and was moving forward as quickly as it could.

Mayor Marchand spoke at length in support of the item, saying the public outreach had identified the northwest corner for the housing and there was widespread agreement for 130 units and the Downtown plan as demonstrated by the 2018 election. He said he wanted the people who served the community to be able to live in the community and supported creating a Downtown everyone would be proud of.

ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:

Resolution 2018-197 authorizing execution of a Disposition, Development and Loan Agreement, which includes a Predevelopment Loan in the amount of $500,000, with Eden Housing, Inc. for development of the Downtown Multi-family Housing Site. (2009-2111 Railroad Avenue, APN 098-0289-021-00).

Resolution 2018-198 authorizing execution of a First Amendment to a

Notice of Affordability Restriction on Transfer of Property and Declaration of Covenants and Restrictions. (2009-2111 Railroad Avenue, APN 098-0289-021-00).

5.04 Hearing to introduce two ordinances amending Municipal Code Chapters 12.04 and 12.20 to clarify the liability and maintenance of sidewalks and street trees rests with the adjacent property owner.

Recommendation: Staff recommended that the City Council:

1. Introduce an ordinance adding Municipal Code Chapter 12.04 (Curbs, Gutters and Sidewalks, Article II, Sidewalk Maintenance), to clarify that liability and maintenance responsibility for sidewalk defects rests with the adjacent property owner consistent with the California Streets and Highways Code and California Cases; and

2. Introduce an ordinance amending Municipal Code Chapter 12.20 (Street Trees and Tree Preservation, Article I, Street Trees), establishing and clarifying street tree removal criteria, maintenance responsibilities and obligations, liability, permitting processes, and enforcement actions.

City Manager Marc Roberts introduced the item; Management Analyst Debbie Bell presented the staff report.

In response to questions by CM Coomber, Ms. Bell described the reasons a tree could be removed and said it would always be a permitted process.

CM Spedowfski noted that it was more expensive for the City to repair the sidewalks rather than for homeowners to do so; he said that spending more on sidewalks would either come from new taxes or reduce maintenance on other assets such as streets, lights, and signs. City Engineer Cheri Sheets confirmed that it cost the City approximately 50% more to perform the repairs than it would cost private individuals due to administrative costs.

In response to questions by CM Spedowfski, City Attorney Jason Alcala said case law had evaluated liability relating to sidewalk-related injuries; absent the ordinance under discussion, responsibility would lie with the City. He confirmed that Livermore's ordinance was modeled after an ordinance from San Jose that had withstood scrutiny.

In response to questions by CM Coomber, City Manager Marc Roberts said well-maintained neighborhoods were more valuable; when combined with street trees, studies have shown home values of 5-10% higher than communities that hadn't prioritized trees.

In response to questions by Mayor Marchand regarding possible delay of home sales, Ms. Bell said sidewalk defects would not delay sales. She said if someone couldn't afford the repair, the City could make repairs and put a lien on the property that would be paid when the house was sold; the City also provided federal grants for those with certain income levels.

Mayor Marchand opened the public hearing.

Thomas Jefferson, Livermore, questioned the legality of transferring liability, saying the ordinance was poorly written and impossible to understand.

Ken Bradley, Livermore, spoke regarding the difficulty of removing trees; he opposed the ordinance in its current form.

Jeannette, Livermore, spoke regarding unequal liability for properties in older neighborhoods and expressed concerns regarding meeting ADA requirements.

Doug Mann, Livermore, supported delaying adoption of the ordinance to improve it; he spoke regarding the difficulty of removing trees, using Measure BB money, and making utilities liable for their easements.

Rebecca Ferris, Livermore, spoke regarding her negative experiences interacting with the City in regards to tree removal and sidewalk repairs.

John Stein, Livermore, supported including a single point of contact and additional public education. He said the City should monitor the impacts of the ordinance on the urban forest.

Karl Wente, Livermore, spoke in support of trees and the process of good government.

Brent Siler, Livermore, read material relating to liability of sidewalk repairs; he spoke regarding taking legal action, identifying a mutual way to address the issues, and initiating a referendum.

There were no more speakers and the hearing was closed.

In response to questions by CM Spedowfski, Ms. Sheets said utilities would continue to be required to remedy their boxes; the responsibility would not lie with the residents. She said staff had a brochure with information regarding ADA standards which would be incorporated into the sidewalk policy.

In response to questions by CM Spedowfski regarding a numeric criteria for the definition of a street tree, Public Works Director Darren Greenwood said the City was trying to move away from numeric criteria; however, the ordinance had been modified to ensure that it applied to trees versus other plant materials.

CM Carling supported providing additional information as not all of the public's questions had been answered.

CM Coomber spoke regarding his experience as a homeowner and ADA user; he said the City needed to be clear about what constituted a defect and who was liable; he supported a streamlined process to remove dead trees.

In response to questions by Mayor Marchand, Ms. Sheets said Measure BB funds could be used for sidewalks; although a majority of the City's Measure BB funding was programmed for streets, a portion was used for sidewalk repairs.

VM Woerner spoke regarding equity and the need to listen to the public comment and address the concerns. He supported taking into consideration the comments and rethinking the ordinance to be more clear.

CM Spedowfski supported ensuring the process was easy to understand and streamlined. He said enforcement tools were needed for those who didn't want to comply, while maintaining sympathy for those who couldn't afford the repair. He spoke regarding providing additional information, particularly regarding the City's financial situation relating to asset management.

In response to comments by the City Council, Mr. Roberts said many of the issues raised this evening would be addressed by an accompanying policy; he said staff could bring the policy and modified ordinances back at the same time so the public and City Council had a complete understanding.

THE CITY COUNCIL DIRECTED STAFF TO REFINE THE ORDINANCE AND RETURN WITH THE POLICY AT THE SAME TIME.

ON THE MOTION OF CM CARLING, SECONDED BY VM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL VOTED TO CONTINUE THE MEETING PAST 11:00 PM TO COMPLETE THE REMAINDER OF ITEMS ON THE AGENDA.

6.

MATTERS FOR CONSIDERATION

Mayor Marchand reordered the agenda to hear Item 6.03 and Item 6.04, followed by Item 6.01 and Item 6.02.

6.03 Resolution accepting the Comprehensive Annual Financial Report (CAFR) and other annual reports for the fiscal year ended June 30, 2018.

Recommendation: Staff recommended the City Council adopt the resolution.

Administrative Services Director Douglas Alessio presented the staff report.

In response to questions by CM Spedowfski regarding potentially directing excess funds to other purposes, City Manager Marc Roberts said staff did not anticipate there would be excess HCIF funds. He said if there were a shortfall, General Fund money would be used.

Mayor Marchand invited public comment.

Karl Wente expressed appreciation to staff for the item.

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

Resolution 2018-199 accepting FY 2017-2018 Comprehensive Annual Financial Report and other Annual Reports.

THE CITY COUNCIL RECESSED FROM 11:56-12:00 AM.

6.04 Certification of referendum petition against portions of Resolution No. 2018-154 and direction to either repeal portions of Resolution No. 2018-154 or call for an election.

Recommendation: Staff recommended the City Council:

1. Adopt a resolution accepting the City Clerk's certification of sufficiency of signatures on the referendum petition protesting portions of Resolution No. 2018-154; and

2. Take one of the following actions as provided by the Elections Code:

a. Adopt a resolution repealing the amendments in Specific Plan Amendment (SPPA) 18-001 for Chapter 5 (Development Standards-Core), Chapter 7 (Circulation and Transportation), and Chapter 8 (Parking Standards) to the Downtown Specific Plan that were approved by Resolution No. 2018-154, and confirming that the amendments to Chapters 1, 2, 3, 4, 10, and 11 of the Downtown Specific Plan in SPPA 18-001, and that were not protested by the referendum, remain in effect; or

b. Adopt a resolution calling for an election not less than 88 days from the date of the resolution to submit the protested portions of the resolution to the voters for approval; requesting that the Alameda County Registrar of Voters conduct the election; and establishing dates for ballot measure arguments.

City Attorney Jason Alcala and Community Development Director Paul Spence presented the staff report.

In response to questions from the City Council, Mr. Alcala clarified that the Council could not take the same action for a period of one year from either the date of the election or the date the action was repealed; case law suggested the non-controversial aspects could be reconsidered.

VM Woerner noted that another course of action would be to challenge the validity of the signatures on the petition, as there was evidence regarding issues with how signatures were gathered. He said it was a misdemeanor to make any false statements regarding the contents, purport, or effect of a petition.

In response to questions by the Council, Mr. Spence clarified that the most significant impact of the referendum was to change the height of the hotel; the referendum did not change the location of the hotel or housing. He said the referendum removed some, but not all, references to the formerly proposed regional theater.

Mayor Marchand invited public comment.

Jan Brovont requested the City Council lower the height of the hotel to either two or three stories.

Asa Strout, Unified Livermore, supported accepting the referendum and repealing the resolution to move forward quickly with the Downtown plan.

David Kent said the 2018 election showed that less than 15% of voters had disagreed with the plan; he said attacks on infill housing were attacks on the Urban Growth Boundary.

Jean King supported putting the item on the ballot.

Donna Cabanne spoke against the City Council calling out people who disagreed with them; she supported calling for a special election.

Doug Mann, Livermore, supported adopting the referendum and moving the hotel location; he suggested focusing on other affordable housing projects.

Maryann Brent said lowering the height of the hotel might jeopardize the hotel's ability to make a profit. She supported moving the hotel location and agreed with Mr. Mann's comments.

David Rounds said the referendum should be viewed as a statement of concern by the citizens; he said Friends of Livermore had sponsored the petition as a measure of last resort to undo actions that ignored the public's input.

Lisa Tromovich and Katie Marcel, Livermore Shakespeare Festival, expressed support for moving forward with the Downtown plan and supported moving forward with expediency by accepting the referendum petition.

John Stein, Livermore, supported placing the issue before the voters. He said some of the cost of the election could be offset by transient occupancy tax from the hotel being built sooner.

Karl Wente said a well-funded fringe did not like the plan; he supported the will of the people and moving the plan forward.

CM Coomber said he did not see a difference between rescinding the action taken and calling for a special election other than the cost.

CM Spedowfski said the end result for both groups would be the same, other than the election cost, whether the referendum were adopted or sent to a vote; the people asking for a vote where hoping it would be adopted, which was the same action the Council could take this evening. He supported adopting the resolution repealing the amendments and fully complying with the referendum.

VM Woerner said there was no practical difference in the outcome whether the City Council wasted $750 million or repealed the amendments. He noted the only effects of the referendum were lowering the height of the hotel and more than doubling the amount of housing on the site, rather than changing the hotel location. He supported a three-story hotel.

CM Carling said the cost of a special election was too great; and the Council had heard from the community in January to move forward with the project. He supported rescinding the resolution.

Mayor Marchand noted that some speakers still supported moving the hotel and housing, which was not part of the referendum. He agreed with CM Spedowfski that the effect of the referendum was shortening the hotel; the City Council could do that tonight and save the City $750 million. He noted the personal attacks against the Council during the referendum process and said that everyone wanted a successful Downtown.

ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:

Resolution 2018-200 accepting certification of the City Clerk as to the sufficiency of signatures on the referendum petition against portions of Resolution No. 2018-154.

Resolution 2018-201 adopted pursuant to referendum to repeal the amendments in Specific Plan Amendment (SPPA) 18-001 for Chapeter 5 (Development Standards - Core), Chapter 7 (Circulation and Transportation), and Chapter 8 (Parking Standards) to the Downtown Specific Plan approved by Resolution No. 2018-154; and confirming that the remaining amendments to the Downtown Specific Plan contained in Specific Plan Amendment (SPPA) 18-001 approved by Resolution No. 2018-154 remain in effect.

6.01 Resolution approving an amended employment contract for the City

Manager; and 6.02 Resolution approving an amended employment contract for the City Attorney.

Recommendation: Mayor Marchand recommended the City Council adopt the resolutions.

Mayor Marchand presented an overview of Item 6.01 and Item 6.02. He invited public comment on both items.

Jacob Anderson spoke in support of the City Manager and City Attorney.

Karl Wente spoke in support of the City Manager and City Attorney.

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

Resolution 2018-202 approving the 2018 Amendment to the Employment Contract with the City Manager.

Resolution 2018-203 approving an Amended and Restated Employee Contract with the City Attorney.

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

7.01 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members.

Architectural Review Committee CM Spedowfski suggested the City Council consider creating an architectural review committee to meet with staff to provide architectural review on projects prior to Planning Commission meetings.

Partnering with Nonprofits that Receive Public Funding CM Spedowfski suggested the City Council consider requiring nonprofit organizations that received public funding through partnership with the City to have public board meetings and board member term limits.

Information Regarding Vaping VM Woerner requested information regarding the City Council's options to address concerns relating to vaping and partnering with the park and school districts, particularly in regards to flavored products targeting children; Mayor Marchand suggested also addressing tobacco use and smoking.

Poplar Trees Mayor Marchand noted several dead poplar trees near Holmes and Wetmore on the east side of the road.

8.

ADJOURNMENT - at 12:58 am on Tuesday, November 27, 2018, in memory of Paul Brown to a regular City Council meeting on Monday, December 10, 2018 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

SARAH BUNTING, CITY CLERK