December 11, 2017
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 Steven Spedowfski, and Council Members Robert W. Carling and Bob Woerner. CM Bob Coomber was absent/excused.
1.02 PLEDGE OF ALLEGIANCE
1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION
City Attorney Jason Alcala said there was no reportable action.
PROCLAMATIONS AND PRESENTATIONS
2.01 Proclamations recognizing Green Businesses in the City of Livermore.
Mayor Marchand presented the proclamations.
2.02 Library Board of Trustees Annual Update.
Chair Arthur Pontau presented the annual update.
2.03 Confirmation of advisory body appointment and administration of oath of office to new member.
Human Services Commission
Appointment of Evan Branning
ON THE MOTION OF CM WOERNER, SECONDED BY VM SPEDOWFSKI AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENT.
City Clerk Susan Neer administered the oath of office.
Allen Burnham, Livermore, spoke regarding the Unified Concept plan.
Jim Murray, Livermore, expressed concerns over parking and the location of the hotel.
Rich Buckley, Livermore, spoke regarding parking, open space, character and housing in the proposed Downtown plan.
Tom Jefferson, Livermore, spoke regarding the community outreach process for the Downtown.
Michael Friedrich, Livermore, expressed concern over the Unified Concept plan.
Sally Dunlop, Livermore, said the Downtown plan was not following the input from the community outreach process.
Shana Z, Sierra Club, spoke regarding acres of open space in the Downtown and not just one-half acre.
Elizabeth Judge, Livermore, spoke regarding a compromise between the outreach process and the Unified concept.
Jean King, Livermore, spoke in support of the results from the community outreach process, the Stockmen's proposal and the public open space.
Sue Steinberg, Livermore, spoke regarding the community outreach process and the submission of the Unified Concept.
Joan Green, Livermore, spoke against housing in the Downtown, said the Stockmen's Park should be larger and parking should be next to the Bankhead Theater.
Tom O'Neil, Livermore, said the Council had created a dilemma for itself by manifesting the Unified Concept.
MaryAnn Brent, Livermore, requested the Council reconsider their direction from the November 29, 2017 meeting.
Lynn Seppala, Livermore, said the hotel must be an iconic building fronting Livermore Avenue.
Lanie Thompson, President, Interfaith Housing, spoke in support of building low income housing as part of the Stockmen's plan. She submitted a petition with 552 signatures supporting the provision of land on Pacific Avenue to Interfaith Housing for construction of affordable apartments for seniors and veterans.
Mayor Marchand said pursuant to Council Rule of Procedure 9.3, Citizen's Forum would continue after the Consent Calendar and Matters for Consideration Items 6.01 and 6.02.
ON THE MOTION OF VM SPEDOWFSKI, SECONDED BY CM CARLING AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
4.01 Ordinance introduced adopting modifications to the Livermore Municipal Code to update references; strike outdated terms; add additional references; clarify existing provisions; and to make additional technical or non-substantive corrections.
4.02 Resolution 2017-189 determining there remains a need to continue the emergency proclamation declared on March 15, 2017 for the February 19, 2017 flood damage.
4.03 Resolution 2017-190 accepting for permanent maintenance; accepting all real property offered for dedication that were previously rejected; including, East Avenue Right-Of-Way and a Public Utility Easement; and authorizing release of security for the construction of the 2020 Research Drive frontage improvements. Location: East Avenue and South Vasco Road, Ponderosa Homes, Tract 8195, The Vines.
4.04 Resolution 2017-191 authorizing execution of a three-year agreement with Weatherproofing Technologies, Inc. in an amount not to exceed $300,000 for roof inspections and repair services.
4.05 Resolution 2017-192 authorizing execution of an agreement with Siemens Industry, Inc., for a three-year term, in an amount not to exceed $485,000 for alarm system services.
4.06 Resolution 2017-193 authorizing execution of an agreement with Spencon Construction, Inc., in the amount of $107,402 for construction of the 2017 ADA Access Ramps Project No. 2015-07.
4.07 Resolution 2017-194 authorizing execution of an amended and restated agreement with Pursuit North for a three-year term, in an amount not to exceed $375,000 for vehicle outfitting services.
4.08 Resolution 2017-195 authorizing execution of a first amendment for wastewater treatment and disposal services with the City of Pleasanton.
4.09 Resolution 2017-196 authorizing the negotiation of an extension to the second amended and restated agreement with Livermore Sanitation, Inc.
4.10 Resolution 2017-197 authorizing the reorganization of the Water Section within the Water Resources Division of the Public Works Department.
4.11 Resolution 2017-198 adopting the City of Livermore Salary Plan as of December 2017, in accordance with California Code of Regulations, Title 2, Section 570.5
4.12 Resolution 2017-199 approving revised appropriations in Fiscal Year 2017-18 and Fiscal Year 2018-19 for the 2017-19 Capital Improvement Plan.
4.13 Resolution 2017-200 adopting the Multifamily Housing Bond Policy.
5. PUBLIC HEARINGS - None.
MATTERS FOR CONSIDERATION
6.01 Discussion and direction regarding the Springtown Open Space Concept Plan.
Recommendation: Staff recommended the City Council approve the Springtown Open Space Concept Plan and direct staff to work with Livermore Area Recreation and Park District staff to identify potential funding options to implement the plan.
Public Works Director Darren Greenwood presented the staff report.
Lief McKay, RRM Design Group, project consultant, presented the conceptual plan.
In response to questions by the City Council, Mr. McKay said the construction cost was in the range of $18-20 million and did not include engineering, permitting or operations costs. He added that CEQA had not been done yet. He clarified this was a conceptual plan and that the problem with the duck pond was lack of a source for water.
CM Woerner spoke regarding possible funding options and said he did not want the City's General Fund to be on the list of potential funding sources.
Mayor Marchand invited public comment.
Ryan Day spoke in support of the proposed conceptual plan that included a bike skills park.
Heather Day spoke in support of a nature play area for creative play and a bike skills park to encourage self-directed play.
Lyra Day would like a bike park.
Mike Ralph, Bike Park Committee, Livermore, supports a community bicycle park which includes a skills course and pump tract.
Stacey Swanson spoke in support of the plan and about the geese, hawks and shorebirds.
Eric York, Livermore, spoke regarding the need for sports facilities in Livermore, including a BMX bike skills track.
Beth Wilson, Livermore spoke in support of the conceptual plan and the need for a community park.
Jeff Tang, Zone 7 Water Agency, welcomes further discussion with the City and Livermore Area Parks and Recreation District regarding incorporating elements of the Stream Management Plan Update as a flood protection component in the concept plan.
Connie Kopps, Livermore, said she did not like the plan.
There were no more speakers.
CM Carling said this was a great plan.
CM Woerner said this was a great plan with a big price tag. The first step was to make it viable in its present state and to partner with other appropriate agencies such as LARPD, Zone 7 and the school district.
VM Spedowfski said there needed to be discussions on how to proceed in the phasing process. He said there should be preliminary funding options and that he did not want to just pave over the duck pond and add fencing. There also needed to be a discussion on how to organize and to shift responsibilities between agencies and suggested the formation of a subcommittee.
Mayor Marchand said this would be a regional asset.
ON THE MOTION BY CM WOERNER, SECONDED BY VM SPEDOWSKI AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE SPRINGTOWN OPEN SPACE CONCEPT PLAN AND DIRECTED STAFF TO WORK WITH LIVERMORE AREA RECREATION AND PARK DISTRICT STAFF TO IDENTIFY POTENTIAL FUNDING OPTIONS TO IMPLEMENT THE PLAN, TO EXPAND THE CONCEPTUAL PLAN TO ALL APPROPRIATE AGENCIES AND TO EXPLORE DEVELOPMENT OF A SUBCOMMITTEE TO IMPLEMENT PHASE 1A OF THE PLAN.
6.02 Discussion and direction regarding the Murrieta Senior Housing Associates request for authorization to refinance housing bonds.
Recommendation: Staff recommended the City Council:
1. Adopt a resolution approving the issuance of bonds to refund bonds issued by the Redevelopment Agency of the City of Livermore and the taking of certain actions in connections therewith; and
2. Adopt a resolution approving the prepayment of a taxable loan and the taking of certain actions in connection therewith.
Administrative Services Director Douglas Alessio presented the staff report.
Mayor Marchand invited public comment.
Connie Kopps, Livermore, questioned if there were any intertwining with revenue streams between Springtown and Heritage Park and if affordable units were distributed evenly throughout town.
In response to questions by Mayor Marchand, Mr. Alessio said there were no connections between Springtown and Heritage Park.
ON THE MOTION OF CM CARLING, SECONDED BY VM SPEDOWFSKI AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:
Resolution 2017-201 adopted approving the issuance of bonds to refund bonds issued by the Redevelopment Agency of the City of Livermore and the taking of certain actions in connections therewith.
Resolution 2017-202 adopted approving the prepayment of a taxable loan and the taking of certain actions in connection therewith.
CITIZENS FORUM - PART 2
Greg Scott, Livermore, spoke regarding homelessness in Livermore.
Craig Bueno, Livermore, spoke regarding parking, green space, a hotel by Blacksmith Square and the need to maintain a family oriented downtown.
Richard Ryon, Livermore, emphasized three things, parking, open space and community character with a hotel on the west side.
Jan Brovant, Livermore, spoke in support of parking on the west side, open or green space around Blacksmith Square, Stockmen's park, a hotel near Uncle Yu's, and housing located at Groth Bros. site.
David Rounds, Livermore, said housing next to the Bankhead would negatively impact parking next to the Bankhead, particularly handicapped parking.
Tamera Reus, said she was not happy with the results of the outreach process, wanted a comparison between the plans and a hotel along Livermore Ave., not by Blacksmith Square.
Doug Mann, Livermore, said the process needed to slow down, and supported housing by Pacific Avenue instead of by the Bankhead.
Nicole Sardella, Livermore, spoke in favor of a forward thinking process and affordable housing.
Evan Branning, Livermore, said he appreciated the process and understood that no east or west side plans had been approved.
Susan Edgar Lee, Livermore, spoke about the need to preserve community character and the Unified's plan for a hotel on Livermore Avenue. She supported affordable housing but not by the Bankhead and hoped the process would not be rushed.
Denise Leddon, Livermore, said she spoke for the majority of the community for an iconic green space, northwest housing, and a southwest parking structure. She liked the Veteran's park idea and an east side science center but did not want multiple story buildings by Blacksmith Square.
Connie Kopps, Livermore, agreed with other speakers that the voices of the community were not being heard.
Lisa Tromovich, Livermore, spoke regarding false statements made during public comment and in the newspaper regarding the outreach process. She said the process needed to move forward in a positive and honest direction.
Doris Ryon read a statement from Jeff Kaskey who wanted large open green space with parking on the east side next to the Bankhead and supported Stockmen's Park but not as a substitution for a full public park. She continued on her own behalf by asking the Council to remember three points; community character, public space as opposed to open space, and parking needs not just for today but for the future.
Nancy Bankhead, Livermore, said the cost of banners over the street doubled in price because the city was no longer subsidizing them; suggested a sign-in sheet at overflow locations at City Council meetings to reflect who was at the meeting, and expressed that the downtown process is tearing the community apart and she is tired of all the fighting. The downtown process should be a nice process for a nice downtown result.
Nancy Mulligan, Livermore, said she was unhappy with the results of the outreach process results. She said there should be more parking including handicapped parking near the Bankhead. She read a comment from Brian Mayhall regarding the need for parking including handicapped parking.
John Stein, Livermore, spoke regarding Livermore's character and the need for publicly accessible landscaped green space and additional trees.
6.03 Appointment of a delegate and alternate to the Tri-Valley - San Joaquin Valley Regional Rail Authority effective January 1, 2018.
Recommendation: Staff recommended the Mayor appoint a delegate and an alternate.
MAYOR MARCHAND APPOINTED HIMSELF AS DELEGATE AND CM COOMBER AS ALTERNATE.
6.04 Appointment of Vice Mayor.
Recommendation: Staff recommended the Mayor appoint a Vice Mayor.
MAYOR MARCHAND APPOINTED CM BOB WOERNER AS VICE MAYOR.
6.05 Approval of the City Council/Successor Agency Meeting calendar for 2018.
Recommendation: Staff recommended the City Council approve the 2018 meeting calendar.
ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY CM CARLING AND CARRIED ON A 4-0 VOTE, THE 2018 MEETING CALENDAR WAS APPROVED.
6.06 Appointment of Council Members to the City Council Subcommittee to conduct Advisory Body interviews from January 1, 2018 - June 30, 2018, including the Livermore Area Youth Advisory Commission.
Recommendation: Staff recommended two Council Members be appointed to serve on the City Council Subcommittee for Advisory Bodies.
MAYOR MARCHAND APPOINTED COUNCIL MEMBERS CARLING AND COOMBER TO THE SUBCOMMITTEE.
6.07 Resolution approving the 2017 amendment to the employment contract with the City Manager.
Recommendation: Mayor Marchand recommended the City Council approve the amended contract for the City Manager.
6.08 Resolution approving an amended and restated employment contract with the City Attorney.
Recommendation: Mayor Marchand recommended the City Council approve the amended contract for the City Attorney.
Administrative Services Director Douglas Alessio presented the staff reports for Items 6.07 and 6.08.
ON THE MOTION BY CM CARLING, SECONDED BY VM WOERNER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:
Resolution 2017-203 approving the 2017 amendment to the employment contract with the City Manager.
Resolution 2017-204 approving an amended and restated employment contract with the City Attorney.
COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
7.01 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members.
Volunteer Appreciation Banquet CM Carling said he attended the City banquet and the Citizens Police Academy graduation with Mayor Marchand.
Stuff the Bus Event CM Spedowfski participated in the event on November 18, 2017 where food was collected for Open Heart Kitchen and Tri-Valley Haven.
Livermore-Amador Valley Transit Authority (LAVTA) CM Spedowfski said he attended the meeting on December 4, 2017 where the success of the Go Dublin pilot project was discussed. The autonomous vehicle project is on schedule and testing will begin in April 2018.
Las Positas College Transit Pass Pilot Program CM Spedowfski spoke about the program.
East Bay Community Choice Energy Joint Powers Authority (EPCE JPA) CM Spedowfski attended the meeting on December 6, 2017 where a roll out plan for autonomous vehicles was discussed.
Officer Rich Hill CM Spedowfski recognized Officer Rich Hill for his successful solicitation of donations for fire victims in Napa and neighboring counties.
Altamont Open Space Committee VM Woerner said they were moving forward on a study to prioritize acquisitions.
Livermore Cultural Arts Council (LCAC) VM Woerner said an arts career center was discussed, and the possible sale of the Charter School as a site for the arts career center to be included in the feasibility study.
Livermore Downtown Inc. (LDI) VM Woerner attended the meeting where various plans were discussed.
Alameda County Transportation Commission (ACTC) Mayor Marchand attended the meeting on December 7, 2017 where comprehensive financial reports and legislative updates were discussed.
San Joaquin Regional Rail Commission Mayor Marchand attended the meeting on December 8, 2017 where updates were given.
ADJOURNMENT - at 10:50 pm to a regular City Council meeting on Monday, January 8, 2018 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.
JOHN P. MARCHAND, MAYOR
SUSAN NEER, CITY CLERK