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CITY COUNCIL
AND
REDEVELOPMENT AGENCY
AGENDA
SEPTEMBER 14, 2009
CLOSED SESSION – 6:00 P.M.
SUMMER READING PROGRAM AWARDS – 6:30 P.M.
REGULAR MEETING – 7:30 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 http://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) 960-4590 (voice) or (925) 960-4104 (tdd) at least 72 hours in advance of the meeting.
CITY COUNCIL
AND
REDEVELOPMENT AGENCY
AGENDA
SEPTEMBER 14, 2009
CLOSED SESSION – 6:00 P.M.
SUMMER READING PROGRAM AWARDS – 6:30 P.M.
REGULAR MEETING – 7:30 P.M.
COUNCIL CHAMBERS
3575 PACIFIC AVENUE
LIVERMORE, CA 94550
CALL TO ORDER
6:00 P.M.
Roll Call
Councilmember Doug Horner
Councilmember Marj Leider
Councilmember Jeff Williams
Vice Mayor John Marchand
Mayor Marshall Kamena
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COUNCIL REGARDING CLOSED SESSION ITEMS
ADJOURN TO CLOSED SESSION
City Council
1.
Litigation/Conference with Legal Counsel – To meet with the City Attorney regarding existing litigation pursuant to Government Code Section 54956.9(a). Discussion in open session would prejudice the position of the City in litigation. Three cases.
a.
City of Industry and City of Livermore v. City of Fillmore;
MTS Consulting, LLC; Owens & Minor, Inc.;
Inspired Development, LLC
Los Angeles County Superior Court Case No. BC411865
b.
City of Fillmore v. California State Board of Equalization;
City of Industry and City of Livermore v. City of Fillmore and California State Board of Equalization
Los Angeles Superior Court Case No. BS120799
c.
California State Board of Equalization Appeals Conference
August 24, 2009
Account No. SRZ OHB 097-955387, Appeals Case ID: 468939
Taxpayer: Owens & Minor Distribution
2.
Litigation/Conference with Legal Counsel – To meet with the City Attorney pursuant to Government Code Section 54956.9(c) to discuss whether to initiate litigation. One case.
Note: This Closed Session may be continued to the end of the Regular Meeting.
SUMMER READING PROGRAM AWARD PRESENTATION
6:30 P.M.
REGULAR MEETING
1.
CALL TO ORDER
7:30 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
Appointment and Administration of Oath of Office.
Livermore Area Youth Advisory Commission (Youth Member)
Gregory Churlik to a regular term ending September 1, 2011.
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.
4.01
Approval of Minutes – July 27, 2009 City Council/Redevelopment Agency meeting and the August 17, 2009 Special City Council meeting.
City Council
4.02
Adoption on second reading amending Municipal Code Chapter 5.08, Adult Businesses, and Planning and Zoning Code Title 2, Zoning Districts, to establish regulations for the permit process for, and the location, development, and operation of live adult entertainment businesses. Location: Citywide (07-27-2009)
4.03
Adoption on second reading amending Section 2-64-020 of the Planning and Zoning Code to permit in the Industrial Zoning District live adult entertainment businesses subject to regulations in Article IV of Chapter 5.08 of the Municipal Code. (07-27-2009)
4.04
Adoption on second reading amending Municipal Code Section 2.46, Golf Course Greens Committee, to redefine the membership and responsibilities of the Golf Course Greens Committee. (07-27-2009)
4.05
Resolution authorizing the appropriation and expenditure of donated funds to Horizons Youth and Family Services, in an amount not to exceed $5,000, during Fiscal Year 2009-2010.
4.06
Resolution authorizing the extension of funding requests of Housing and Human Services Grant sub-recipient agencies; appropriating Fiscal Year 2008-2009 funds into Fiscal Year 2009-2010; appropriating Special Project Grant funds; appropriating supplemental Social Opportunity Endowment funds; and appropriating funds for three programs receiving supplemental funding.
4.07
Resolution authorizing execution of a consulting services agreement with Kimley-Horn and Associates, Inc., in an amount not to exceed $250,000, for engineering design and planning services for Livermore Municipal Airport projects.
4.08
Resolution adopting the Sewer System Management Plan as required by the State Water Resources Control Board Order Number 2006-003.
4.09
Resolution establishing a Disaster Council to assist in recovering after disaster strikes; endorsing and supporting the formation of a Citizens Corps Council; and authorizing execution of a cooperative agreement establishing an emergency preparedness partnership with the Alameda County Public Health Department enabling the City to utilize existing plans, procedures, and supplies.
4.10
Resolution authorizing execution of an agreement with W. Bradley Electric, Inc., in the amount of $566,800, for traffic signal installation at North Vasco Road and Dalton Avenue, and traffic signal modification at various locations, Project No. 2007-18; and re-appropriating $140,000 of Measure B funding in Fiscal Year 2009-2010.
4.11
Resolution authorizing appropriation and expenditure of State of California Office of Traffic Safety Comprehensive Traffic Enforcement Grant Award in the amount of $103,750.
4.12
Resolution appointing Interim Finance Director Troy Brown to the position of City Treasurer.
4.13
City Council appointments and reappointments to the following Advisory Bodies:
Environment and Energy Commission
Appointment of Ruchi Badhwar to an unexpired term ending September 1, 2011.
Reappointment of Daniel Burton to a regular term ending September 1, 2013.
Livermore Area Youth Advisory Commission
Reappointment of Cait Cibulsky to a two-year term ending September 1, 2011. (Youth Member)
Reappointment of Alyse Kline to a two-year term ending September 1, 2011. (Youth Member)
Reappointment of Manika Paul to a two-year term ending September 1, 2011. (Youth Member)
Reappointment of Marnie Phillips to a two-year term ending September 1, 2011. (Youth Member)
Reappointment of Jared Rodgers to a two-year term ending September 1, 2011. (Youth Member)
Commission for the Arts
Appointment of Kathleen Streeter to an unexpired term ending January 1, 2013.
City Council/Redevelopment Agency
4.14
Resolutions authorizing execution of a loan agreement between the City and Redevelopment Agency, in the amount of $2,672,060, for 2009-2010 Redevelopment Agency Operating Expenses.
Redevelopment Agency
4.15
Resolution determining that the planning and administration expenses funded in Fiscal Year 2008-2009 by the Housing Reserve fund are necessary for the production, improvement and preservation of affordable housing for the low and moderate income households.
5.
PUBLIC HEARINGS
City Council
5.01
Hearing to consider a request to amend the zoning for 400 Longfellow Court to clarify uses and associated standards consistent with the High Intensity Industrial General Plan land use designation.
Location: 400 Longfellow Court
Applicant: City of Livermore
On-site and off-site public improvements: None
Site Area: 34.5± acres
Zoning: Planned Development Industrial (PD-I) 00-197
General Plan: High Intensity Industrial (HII)
Historic Status: None
CEQA: A Negative Declaration under the provisions of the California Environmental Quality Act (CEQA) will be considered.
Application Numbers: General Zoning Code Map Amendment 09-596
Recommendation: The Planning Commission recommends the City Council introduce an ordinance certifying the Negative Declaration with direction to file, and approving General Zoning Code Map Amendment 09-596 to rezone 400 Longfellow Court from Planned Development Industrial (PD-I) 00-197 to the Heavy Industrial (I-3) zoning district.
5.02
Hearing to consider approval of the Fiscal Year 2008 Consolidated Annual Performance Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) and HOME Investment Partnership programs.
Recommendation: The Human Services Commission recommends the City Council adopt a resolution authorizing submission of the Fiscal Year 2008 CAPER to the Alameda County HOME consortium and the U.S. Department of Housing and Urban Development.
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 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.
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 September 28, 2009 at 7:00 p.m., Council Chambers, 3575 Pacific Avenue, Livermore.