CITY COUNCIL AND
REDEVELOPMENT AGENCY
AGENDA
JUNE 8, 2009
CLOSED SESSION – 6:30 P.M.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
3575 PACIFIC AVENUE
LIVERMORE, CA 94550
Regular City Council meetings are broadcast live on Channel 29 and videotaped for local television and for replay. For a schedule of City Council meeting replay airtimes or to access videos of previous meetings, log onto www.tv30.org.
HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING
You can participate in the meeting in a number of ways:
Speaker Cards - If you wish to address the Council, you must complete a speaker card for each item about which you want to speak. The speaker card box is located in the Council Chambers lobby, on the table directly below the staff reports. Place your speaker card in this box behind the tab that corresponds to the agenda item number. Staff will collect the cards for each item immediately before the item is to be considered and gives the speaker cards to the Mayor. The Mayor will call speakers to the public lectern. No cards will be accepted once the presentation on that item has commenced.
Citizens Forum is an opportunity for the public to speak regarding items not listed on the agenda. Speakers are limited to a maximum of three minutes per person. The Mayor may reduce the amount of time based on the number of persons wishing to speak. You should be aware that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda. However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.
Public Hearings - The topic of the hearing is typically summarized by staff, followed by questions from the City Council and a presentation by the applicant. The Mayor will then open the hearing to the public and offer an opportunity for public comments. You may take a maximum of three minutes to make your comments.
Other Agenda Items are also open for public input including Consent Calendar or Matters for Consideration items. These comments are also subject to the three minute limit.
Written Materials may be submitted by the public. If you wish your materials to be sent to the City Council prior to the City Council meeting, they must be submitted to the City Clerk’s Office no later than noon on the Tuesday prior to the Monday meeting. Those items will be copied and sent to the City Council with the agenda packet. Materials submitted after noon on Tuesday will be copied and given to the City Council the night of the meeting; however, it is unlikely that the City Council will be able to read the materials before the start of the meeting. Therefore, it is suggested that you give a verbal summary of your materials at the meeting.
The City Council Agenda and Agenda Reports are prepared by City staff and are available for public review on the Thursday evening prior to the City Council meeting in all City libraries and at the City Clerk’s Office. Copies may be obtained from the Clerk’s Office and in the City Council Chambers lobby prior to the meeting. The Agenda is also available on the City’s website, http://www.ci.livermore.ca.us.
Under Government Code §54957.5, any supplemental material distributed to the members of the City Council/Redevelopment Agency after the posting of this agenda will be available for public review in the City Clerk’s Office, 1052 South Livermore Avenue, Livermore, and on the City’s web site www.ci.livermore.ca.us.
If supplemental materials are made available to the members of the City Council/Redevelopment Agency at the meeting, a copy will be available for public review at the Council Chambers, 3575 Pacific Avenue, Livermore.
Pursuant to Title II of the Americans With Disabilities Act (Codified at 42 United States Code Section 12101 and 28 Code of Federal Regulations Part 35), AND SECTION 504 OF THE REHABILITATION ACT OF 1973, the city of livermore does not discriminate on the basis of race, color, religion, national origin, ancestry, sex, disability, age or sexual orientation in the provision of any services, programs, or ACTIVITIES. to arrange an accommodation in order to participate in this public meeting, please call (925) 960-4586/4582 (voice) or (925) 960-4104 (tdd) at least 72 hours in advance of the meeting.
CLOSED SESSION
CALL TO ORDER
6:30 P.M.
Roll Call
Councilmember/Agencymember Doug Horner
Councilmember/Agencymember Marj Leider
Councilmember/Agencymember Jeff Williams
Vice Mayor/Vice Chairperson John Marchand
Mayor/Chairperson Marshall Kamena
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COUNCIL REGARDING CLOSED SESSION ITEMS
ADJOURN TO CLOSED SESSION
City Council
1.
Conference with Real Property Negotiator. To meet with Eric Uranga, City negotiator, pursuant to Government Code Section 54956.8, regarding the purchase, sale, and exchange, or lease of real property at 2283 Chestnut Street (APN # 098 0254 002 02). The City negotiator may negotiate with GMAC Mortgage LLC. The instructions will concern price and terms of payment.
2.
Litigation/Conference With Legal Counsel. To meet with the City Attorney pursuant to Government Code § 54956.6(c) to discuss whether to initiate litigation. One case.
Note: This Closed Session may be continued to the end of the Regular Meeting.
REGULAR MEETING
1.
CALL TO ORDER
7:00 P.M.
1.01
Roll Call
Councilmember/Agencymember Doug Horner
Councilmember/Agencymember Marj Leider
Councilmember/Agencymember Jeff Williams
Vice Mayor/Vice Chairperson John Marchand
Mayor/Chairperson Marshall Kamena
1.02
Pledge of Allegiance
1.03
Report of Action Taken in Closed Session
2.
PROCLAMATIONS AND PRESENTATIONS
2.01
Presentation on the United States Army Reserve Employer Partnership Initiative Program.
2.02
Presentation of Water Awareness Month Poster Contest Winners.
2.03
Administration of Oath of Office
Beautification Committee
Erik Gets to an unexpired term ending June 1, 2011
Historic Preservation Commission
John Daley to an unexpired term ending May 1, 2012
3.
CITIZENS FORUM
- In conformance with the Brown Act, no City Council/Redevelopment Agency action can occur on items presented during Citizens Forum.
- Please complete a speaker card. When the Mayor calls your name, walk to the lectern to address the City Council.
- Speakers are limited to a maximum of three minutes per person. The Mayor may reduce the amount of time based on the number of persons wishing to speak.
- Citizens Forum will conclude after 30 minutes; however, if there are additional speakers, Citizens Forum will reconvene at 9:30 p.m., or following the Public Hearings, whichever occurs first.
4.
CONSENT CALENDAR
Consent Calendar items are considered routine and are acted upon by the City Council/Redevelopment Agency with a single action. Members of the audience wishing to provide public input must complete a speaker card.
City Council/Redevelopment Agency
4.01
Approval of Minutes – May 11, 2009 City Council/Redevelopment Agency meeting, May 14, 2009 Special City Council/Redevelopment Agency meeting, and the May 18, 2009 Special City Council meeting.
City Council
4.02
Adoption on second reading of an ordinance adding Chapter 15.80, Civic Bay-Friendly Landscaping, to Title 15, Buildings and Construction, of the Livermore Municipal Code. (05-11-2009)
4.03
Resolution authorizing the submission of a Block Grant application to the California Integrated Waste Management Board for 2009-2010 Fifteenth Cycle Used Oil Block Grant.
4.04
Resolution approving amendments to the Tri-Valley Transportation Council Joint Exercise of Powers Agreement and authorizing the amendments at the Tri-Valley Transportation Council Public Hearing.
4.05
Resolution amending Resolution 72-79 to add the job title of City Clerk and delete the job title of Assistant City Clerk from the Management Salary Schedule, and delete the job title of City Clerk from the Executive Management Salary Schedule.
4.06
Resolution amending the City’s Conflict of Interest Code to delete the position of Assistant City Clerk.
4.07
City Council appointment to the following Advisory Body:
Human Services Commission
Appointment of Dexter Eric Dees to an unexpired term ending October 1, 2009 and a regular term ending October 1, 2013.
4.08
Resolution authorizing contracts for service with Leonardo Enterprises, Inc. in an amount not to exceed $295,000 and West Valley Construction in an amount not to exceed $287,000 for excavation and repair of City water, sewer, and storm drain facilities.
4.09
Resolution establishing appropriation limitations for Fiscal Year 2009/2010.
4.10
Resolution approving deposit of Livermore Pleasanton Fire Department assets into an IRS §115 irrevocable trust to fund Other Post Employment Benefits for retiree health benefits.
City Council/Redevelopment Agency
4.11
Resolutions approving updates to the Two-Year Financial Plan, the Two-Year Capital Improvement Plan, and the Two-Year Redevelopment Agency Financial Plan, for Fiscal Years 2008/2009 and 2009/2010.
Redevelopment Agency – None.
5.
PUBLIC HEARINGS
City Council
5.01
Hearing to consider confirmation of assessments for the 2008/2009 Sidewalk Repair Program, Project No. 2009-02.
Recommendation: Staff recommends the City Council adopt a resolution overruling protests and confirming the placement of the assessments for sidewalk repair that are unpaid as of June 15, 2009 on the Alameda County tax roll.
5.02
Hearing to consider confirmation of the annual levy of assessments for Fiscal Year 2009/2010, adopting the Engineer’s Report, and confirming the dissolution of Landscape Maintenance District LL-856, Station Square.
Recommendation: Staff recommends the City Council adopt the resolutions.
5.03
Hearing to consider a request to phase and modify the previously approved Toyota automobile dealership. The revised project consists of a combined sales and service facility, with an aggregate floor area of 73,000± square feet in Phase I and 93,000± square feet upon completion of Phase II. The development site measures 12.4± acres and occupies land on both sides of Northfront Road. The revised Tentative Parcel Map will combine 16 individual parcels to create a 9.43±-acre parcel north of Northfront Road and two parcels, with areas of 2.6± and 3.6± acres south of Northfront Road. Proposed development includes a 27,000±-square-foot showroom (21,000± in Phase I) combined with a 58,000± service department (43,000± in Phase I), an 8,000± -square-foot detail/car wash building, 317± parking spaces, 473± vehicle display/storage spaces (521± in Phase I), landscaping, and related on and off-site improvements. The Development Agreement Amendment will vest the new project entitlements and secure revised project amenities associated with the revised Planned Development District. The Policy Proposal Implementation amends the previously-approved sales tax reimbursement agreement.
Location: 6200 Northfront Road
Applicant: Borges Architectural Group for the Sullivan Family Limited Partnership
On-site and off-site public improvements: The project will extend sewer, water, storm drain and other utilities to the site and widen Northfront Road to a four-lane roadway with new curb, gutter and sidewalk and a 16-foot wide planted median.
Site Area: 12.4± acres
Zoning: Planned Development-Commercial 07-006
General Plan: Service Commercial (SC) and Highway Commercial (HC)
Historic Status: None
CEQA: A Mitigated Negative Declaration (SCH#2007-122052) was previously certified for this project.
Application Numbers: Tentative Parcel Map Amendment 9707 (Subdivision Amendment 09-001), Planned Development Amendment (General Zoning Code Text Amendment 09-391), Site Plan Approval Amendment/Design Review Amendment 09-002, Development Agreement Amendment 09-002, and Policy Proposal Implementation 09-001
Recommendation: The Planning Commission recommends the City Council:
- Adopt resolutions:
- approving Tentative Parcel Map 9707 (Subdivision Amendment 09-001);
- approving Site Plan Approval Amendment/Design Review 09-002;
- approving the Amended and Restated Sales Tax Reimbursement Agreement (Policy Proposal Implementation 09-001) with the John L. Sullivan Family Limited Partnership;
- adopting a Mitigated Negative Declaration and certifying the environmental document for the Livermore Toyota project (SCH# 2007-122052).
- Introduce ordinances:
- amending Planned Development-Commercial 07-006 (General Zoning Code Text Amendment 09-391)
- approving the Amended and Restated Development Agreement (Development Agreement Amendment 09-002) with the John L. Sullivan Family Limited Partnership, regarding development of a Toyota Dealership on Northfront Road.
5.04
Hearing to consider amending Conditional Use Permit Amendment 08-001 to designate a paved area as a CalTrans Division of Aeronautics-approved private (no general public access) helicopter landing pad for on-site helicopter-base training for Pacific Gas & Electric personnel to access the tops of on-site training transmission towers for maintenance and repair activities.
Location: 7205 National Drive
Applicant: Pacific Gas and Electric Company
On-site and off-site public improvements: Includes designation of a private helicopter landing and takeoff area
Site Area: 44± acres
Zoning: Heavy Industrial (I-3)
General Plan: High Intensity Industrial (H-II)
Historic Status: None
CEQA: A Mitigated Negative Declaration under the provisions of the California Environmental Quality Act will be considered. (State Clearinghouse Number 2009052007)
Application Number: Conditional Use Permit Amendment 08-005
Recommendation: The Planning Commission recommends the City Council adopt a resolution approving Minor Conditional Use Permit Amendment 08-005 and certifying the environmental document.
5.05
Hearing to authorize submission of an application to the California Department of Housing and Community Development in the amount of $2,230,495 for Neighborhood Stabilization Program funds, on behalf of the Cities of Berkeley, Fremont, Livermore, San Leandro, and Union City.
Recommendation: Staff recommends the City Council adopt the resolution approving an application for funding, and execution of the grant application and all related documents.
Redevelopment Agency - None.
6.
MATTERS FOR CONSIDERATION
City Council
6.01
Discussion and direction regarding City Council appointments to Intergovernmental Agencies.
6.02
Discussion and direction regarding the existing Economic Development and Fiscal Element of the 2004 General Plan and creation of an Economic Development Strategic Plan consistent with the goals and policies set forth within the Element.
Recommendation: Staff recommends the City Council provide direction.
6.03
Discussion and direction regarding the existing Economic Incentive Programs and the expansion of these programs to attract new businesses and encourage existing businesses to expand in Livermore.
Recommendation: Staff recommends the City Council provide direction.
6.04
Discussion and direction regarding the adoption of a resolution finding a severe fiscal hardship will exist if additional City property tax funds are seized and additional unfunded mandates are adopted by the State of California.
Recommendation: Staff recommends the City Council adopt the resolution.
6.05
Discussion and direction regarding pending State or Federal legislation.
Note: Bills affecting local government operations may be discussed if they were introduced or amended after posting of the Agenda.
Redevelopment Agency – None.
7.
COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS
7.01
City Manager’s report regarding previously requested Matters Initiated.
None.
7.02
Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Councilmembers.
8.
ADJOURNMENT – To a regular City Council/Redevelopment Agency meeting on June 22, 2009 at 7:00 p.m., Council Chambers, 3575 Pacific Avenue, Livermore.
SUPPLEMENTAL MATERIALS