JUNE 10, 2019
CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor John Marchand at 6:30 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.
ROLL CALL - Present: Mayor John Marchand, Vice Mayor Robert W. Carling, and Council Members Bob Coomber, Trish Munro, and Bob Woerner.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING CLOSED SESSION ITEMS.
ADJOURN TO CLOSED SESSION
1. Conference with Real Property Negotiator. To meet with Paul Spence and Eric Uranga, City negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property located at 3658 Las Colinas Road, Assessor's Parcel Number 0902-008-01-00. The City negotiators may negotiate with Joe Zawidski and associates, on behalf of the Roman Catholic Diocese of Oakland. The instructions will concern price and terms of payment.
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 Robert W. Carling and Council Members Bob Coomber, Trish Munro, and Bob Woerner.
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 Presentation of the 2019 High School Senior Arts Awards.
Mayor Marchand and the Commission for the Arts presented individual awards to Elias Barauskas, Robert Flauta, Aaliyah Gholamipour, Jodi Bryant, Dylan Greenly, and Lindsey Simpson.
2.02 Proclaiming June 2019 as Elder Abuse Awareness Month.
Mayor Marchand presented the proclamation to Cheryl Poncini, Deputy District Attorney for Alameda County and Vincent Gordon, Supervisor of the Alameda County Adult Protective Services.
Brent Siler, Livermore, spoke regarding his work relating to interviewing homeless individuals and sharing their stories.
Evan Branning, Livermore, spoke in support of inclusivity and diversity and suggested the City consider flying the rainbow flag in October for a pride event.
Karl Wente spoke regarding good government and supported moving forward with the Downtown plan as a community.
John Stein, Livermore, thanked the City Council for appointing him to the Planning Commission; he spoke in support of trees in the Downtown.
Connie Kopps, Livermore, said she did not feel respected, expressed concerns regarding housing, and spoke regarding the Livermore Eagles Auxiliary group.
Andrew Barker, Livermore, spoke regarding the climate change element of the City's General Plan, noting policies that he believed were not being fully followed.
Aaron Horner, CityServe, spoke regarding his organization's efforts to address homelessness and the challenges of working with the population.
Joe Murphy, Livermore, spoke regarding his involvement with the homeless community, describing the difficulties of being homeless and access to services.
In response to questions by Mayor Marchand regarding the climate change element in the General Plan referenced during public comment, Community Development Director Paul Spence said staff was undertaking the process of updating the Climate Action Plan and would be looking at vehicle miles traveled.
Item 4.02 Connie Kopps, Livermore, asked for information regarding maintenance at the former Springtown Golf Course.
Item 4.11 Connie Kopps, Livermore, expressed concerns regarding the item, including the land under the Springtown Library.
Item 4.11 Brent Siler, Livermore, expressed concerns regarding budgeting for capital improvement projects and supported project management oversight.
In response to questions by Mayor Marchand, City Manager Marc Roberts confirmed that the former Springtown Golf Course area was maintained out of the City's General Fund rather than a landscape maintenance district. In regards to comments made regarding Item 4.11, Mr. Roberts noted that the generator project at the Water Reclamation Plant had included a comprehensive electrical update and operated under different regulations than private projects did; he described the City's process of budgeting and planning for capital improvement projects.
ON THE MOTION OF VM CARLING, SECONDED BY CM COOMBER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
4.01 Approval of draft minutes - May 13, 2019 regular City Council meeting, May 20, 2019 City Council special meeting Budget Workshop, and May 30, 2019 City Council special meeting.
4.02 Resolution 2019-070 of intention to levy annual assessments for the Landscape Maintenance Districts for Fiscal Year 2019-20, directing filing of the Annual Engineer's Report, and establishing a public hearing date of June 24, 2019 for the annual levy of assessments.
4.03 Resolution 2019-071 accepting for permanent maintenance and releasing security bonds for the 2018 Street Resurfacing, Project No. 2018-01, which includes work related to Airport Runway Striping, Project No. 2017-18; Phase 2 Downtown Temporary Parking, Project No. 2014-37; and Airport Pavement Maintenance, Project No. 2014-25.
4.04 Resolution 2019-072 accepting for permanent maintenance and releasing security bonds for the 2017 Storm Damage Repairs-Robertson Park Mitigation Site, Project No. 2017-25.
4.05 Resolution 2019-073 authorizing submittal of an application for Transportation Development Act Article 3 grant funding for the Multi-Use Trail Repairs-2020, Project No. 2018-20.
4.06 Resolution 2019-074 ratifying a two-year agreement with SNF Polydyne, Inc., in an amount not to exceed $440,000, for purchase of polymer chemicals used for the dewatering process at the Water Reclamation Plant; and authorizing execution of up to two one-year extensions.
4.07 Resolution 2019-075 authorizing issuance of a purchase order to Univar USA, Inc., in an amount not to exceed $130,000, for purchase of sodium hypochlorite for use at the Water Reclamation Plant.
4.08 Resolution 2019-076 authorizing the Livermore Public Library to move from an overdue fines model to a materials recovery model, and adopt the proposed materials replacement fees, effective July 1, 2019.
4.09 Resolution 2019-077 approving the reappointment of Cynthia Patton as Poet Laureate for an additional two-year term.
4.10 Resolutions 2019-078 and 2019-079 accepting two pieces of public art donated by residents and authorizing execution of all related documents necessary to accept, install, and maintain the public art.
4.11 Resolution 2019-080 approving the Two-Year Financial Plan for Fiscal Years 2019-20 and 2020-21.
4.12 Resolution 2019-081 establishing the appropriations limit for Fiscal Year 2019-20.
4.13 Resolution 2019-082 authorizing execution of an Emergency Medical Services First Responder Advanced Life Support Services Agreement (FRALS) with Alameda County effective July 1, 2019 through June 30, 2024.
MAYOR MARCHAND REORDERED THE AGENDA TO HEAR ITEM 6.01 IMMEDIATELY FOLLOWING THE CONSENT CALENDAR.
MATTERS FOR CONSIDERATION
6.01 State housing legislative update presented by Townsend Public Affairs.
Recommendation: Staff recommended the City Council receive the update.
Deputy City Manager Christine Martin introduced the item; Townsend Public Affairs consultants Niccolo De Luca and Alex Gibbs presented the update on housing legislation.
In response to questions by VM Carling, Mr. De Luca noted the possible evolution of Senate Bill 50 (SB 50), saying he anticipated more discussion and outreach.
Mayor Marchand said that jobs were being created in San Francisco County and Silicon Valley without additional housing; if legislators were serious about solving the crisis, they needed to create jobs near the housing or housing near the jobs. He said that multi-billion dollar businesses needed to contribute to the cost of transportation.
CM Woerner noted that within a given region, certain factions were responsible for creating the housing crisis and they were not addressing it. In response to questions by CM Woerner, Mr. De Luca said he believed a balanced approach was happening by emphasizing the need for jobs, housing, and transportation. Within the region, he said more neighboring cities were beginning to work together.
CM Woerner expressed concerns regarding cooperation within the region based on the number of jobs being created and said there was a large barrier in terms of selfishness.
CM Munro noted concerns regarding economic injustice and environmental impacts. She said there were difficulties with making the projects cost out; she supported a regional or statewide systemic approach to address the issues.
In response to questions by CM Munro, Mr. De Luca said he believed there would be increasing opportunities as housing pressures increased. He said he could take the City Council's ideas back to the legislatures and other leaders.
CM Woerner said there was a concern regarding taking away local control while requiring cities to bear the costs; he suggested that local jobs couldn't be added locally if commensurate housing hadn't been added. Mr. De Luca said that although he wasn't aware of a bill addressing that specific issue, there had been discussion regarding rewarding cities for building housing to encourage balance.
CM Woerner said that the jobs imbalance was the underlying problem; transportation and housing were symptoms.
CM Munro clarified her position regarding local control, saying that while there were places where she wanted local control, it was what had created the situation.
Mayor Marchand invited public comment.
Andrew Barker, Livermore, spoke in support of SB 50 and opposed the City's lobbying efforts; he said the City Council was not approving housing at a sufficient rate.
Mayor Marchand said the City Council was elected to serve the best interests of Livermore; he said elements of SB 50 were harmful. He said the housing crisis was created by those creating jobs without housing; and spoke regarding the need for water storage, transportation, and infrastructure to support housing.
CM Woerner reemphasized the reason for the region's housing crisis and said treating the symptom would not solve the crisis. He said it was not possible for Livermore to build sufficient housing to solve the region's problem; Mayor Marchand noted that even if Livermore built housing, transportation to support it did not exist. CM Woerner said he believed the jobs-housing ratio was what mattered and Livermore was doing well.
CM Munro acknowledged frustration regarding the issue, saying she was not concerned about the local effect on Livermore due to her belief in Livermore as a local entity. She asked for ideas on moving forward together on the issues of housing, quality of life, labor, and transportation.
VM Carling said it was presumptuous for anyone to assume his opinion on SB 50 when he hadn't stated it.
THE CITY COUNCIL RECEIVED THE REPORT.
5.01 Hearing to consider a proposed Master Sign Program for the Republic Square commercial development. The project includes an amendment to the Planned Development - El Charro Specific Plan - Regional Commercial zoning to incorporate the proposed sign standards.
. Location: 2000 Freisman Road
. Site Area: 23.1± acres
. Applicant: Tom Salmon - Arrow Sign Company
. Application Numbers: Master Sign Program (MSP) 18-001 and Planned Development (PD) 18-005
. Public improvements: None
. Zoning: Planned Development - El Charro Specific Plan - Regional Commercial (PD-ECSP-RC)
. General Plan: Business and Commercial Park (BCP)
. Historic Status: None
. CEQA: Recommend finding the project is categorically exempt under California Environmental Quality Act & CEQA Guidelines Section 15311 (a)
Recommendation: The Planning Commission and staff recommended the City Council:
1. Adopt a resolution finding the project is categorically exempt under the provisions of CEQA and instruct staff to file the Notice of Exemption with the Alameda County Clerk, and approving Master Sign Program 18-001, subject to the attached Conditions of Approval; and
2. Introduce an ordinance adopting Planned Development Amendment 18-005, which amends the Planned Development - El Charro Specific Plan - Regional Commercial zoning district to incorporate Master Sign Program 18-001 for the Republic Square development.
Assistant Planner Jake Potter presented the staff report. Representing the project applicant, Kelly Erardi, Senior Vice President with Republic Family of Companies, provided an update on the status of the project.
Mayor Marchand opened the public hearing.
There were no speakers and the hearing was closed.
ON THE MOTION OF CM WOERNER, SECONDED BY CM COOMBER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION AND INTRODUCED THE FOLLOWING ORDINANCE:
Resolution 2019-083 finding the project is categorically exempt under the provisions of CEQA and instruct staff to file the Notice of Exemption with the Alameda County Clerk, and approving Master Sign Program 18-001, subject to the attached Conditions of Approval; and
Ordinance introduced adopting Planned Development Amendment 18-005, which amends the Planned Development - El Charro Specific Plan - Regional Commercial zoning district to incorporate Master Sign Program 18-001 for the Republic Square development.
5.02 Hearing to consider disposition of two City-owned properties located at 153 Gillette Place #110 and 161 North L Street #113 to Tri-Valley REACH, Inc.
Recommendation: Staff recommended the City Council adopt a resolution authorizing:
1. Execution of the Purchase and Sale and Loan Agreements and Regulatory Agreements with Tri-Valley REACH, Inc., for the City-owned properties located at 153 Gillette Place #110 and 161 North L Street #113;
2. Approval of a seller carry-back loan in an amount of $495,000 to Tri-Valley REACH, Inc. to assist with financing for the acquisition of 153 Gillette Place #110;
3. Approval of a seller carry-back loan in an amount of $495,000 to Tri-Valley REACH, Inc. to assist with financing for the acquisition of 161 North L Street #113; and
4. Execution of grant deeds and all related documents necessary to sell the properties to Tri-Valley REACH, Inc.
Housing Programs Manager Frances Reisner presented the staff report.
In response to questions by Mayor Marchand, Ms. Reisner clarified that total payment from Tri-Valley REACH was $670,000 for each of the properties, including $175,000 up front and the remaining $495,000 paid through a silent second loan.
Mayor Marchand opened the public hearing.
Kay King, Tri-Valley REACH, supported the item and spoke regarding her organization's efforts in support of adults with developmental disabilities.
There were no more speakers and the hearing was closed.
ON THE MOTION OF CM MUNRO, SECONDED BY VM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2019-084 authorizing execution of the Purchase and Sale and Loan Agreements and Regulatory Agreements with Tri-Valley REACH, Inc., for the City-owned properties located at 153 Gillette Place #110 and 161 North L Street #113; approval of a seller carry-back loan in an amount of $495,000 to Tri-Valley REACH, Inc. to assist with financing for the acquisition of 153 Gillette Place #110; approval of a seller carry-back loan in an amount of $495,000 to Tri-Valley REACH, Inc. to assist with financing for the acquisition of 161 North L Street #113; and execution of grant deeds and all related documents necessary to sell the properties to Tri-Valley REACH, Inc.
COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED
7.01 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members.
Livermore Amador Valley Transit Authority CM Coomber reported his attendance at the Finance and Administration, Projects and Services, and board meetings; CM Woerner said he attended the board meeting.
Downtown Plan Initiative Petition CM Coomber requested that staff prepare information regarding the financial impacts of the initiative petition, including the cost of an election, moving Veteran's Way, releasing an RFP for a hotel on the west side, and other costs from extending the process of building the Downtown. After discussing whether CM Coomber's request constituted a report as outlined in Elections Code Section 9212 and whether such report could be updated, the City Council directed staff to provide information regarding the direct costs of the initiative petition and identification of areas that would require additional analysis.
Civic Appreciation Dinner CM Munro and CM Woerner said they attended the event in honor of Livermore's civic volunteers on May 15, 2019.
Guru Vandana CM Munro said she attended the teacher appreciation event on May 19, 2019.
Tri-Valley Cities Council CM Munro and VM Carling said they attended the meeting on May 22, 2019.
Tri-Valley Affordable Housing Committee CM Munro said she attended the meeting on May 23, 2019; there was a presentation on affordable land trusts.
State of the City Address CM Munro and VM Carling said they attended the Mayor's presentation on May 23, 2019.
Dental Clinic Grand Opening CM Munro said she attended the grand opening of the Axis Community Health dental clinic on May 23, 2019.
Metropolitan Transportation Commission and Association of Bay Area Governments (MTC-ABAG) CM Munro said she attended the housing legislation working group meeting.
City Council Homelessness Subcommittee CM Munro and VM Carling said they met with staff on May 28, 2019 to discuss homelessness.
Livermorium Day CM Munro, VM Carling, and Mayor Marchand said they attended the event on May 29, 2019 at Livermorium Plaza.
Association of Bay Area Governments (ABAG) CM Munro said she attended the assembly on June 6, 2019; there was a presentation regarding the City of Fremont and City of Burlingame's collaborative and inclusive efforts to address jobs, housing, and transportation issues.
101st Annual Livermore Rodeo CM Munro and CM Woerner said they attended the rodeo on June 7, 2019.
Rally for Love CM Munro and Mayor Marchand said on June 8, 2019 they attended the celebration of inclusion and diversity.
CM Munro invited the community, including children, to visit with her including reading stories at the Civic Center Library and at City Hall.
Homelessness Efforts CM Munro expressed appreciation to Brent Siler for his work with the homeless population.
City Flag Policy In response to a request made during Citizens Forum regarding flying the rainbow flag during October, the City Council directed staff to review existing flag policies, develop a range of options similar to what other cities had done, and provide information regarding observances such as Black History Month, Women's History Month, Asian American and Pacific Islander Heritage Month, and Pride Month.
Downtown Plan Initiative Petition CM Munro spoke regarding the collaborative process surrounding the Downtown project, saying Livermore was made stronger through collaboration. She said the Downtown had been discussed for twenty-five years and she questioned why private and public money needed to be spent on the issue rather than caring for the homeless, ensuring infrastructure was in good condition, or community programs.
2019 Livermore Rodeo Parade CM Woerner, VM Carling, and Mayor Marchand said they attended the rodeo parade. Mayor Marchand said he presented a proclamation in honor of the 100th anniversary of the Livermore Stockmen's Association.
Stopwaste.org VM Carling said he attended the meeting on May 22, 2019.
League of California Cities (LOCC) VM Carling said he attended the meeting on May 23, 2019 where there was a presentation by CalPERS.
Memorial Day Services Mayor Marchand said on May 27, 2019 he attended four Memorial Day services.
Bus Stop Mural Dedication Mayor Marchand said on May 29, 2019 he attended the mural dedication.
Alameda County Transportation Commission (ACTC) Mayor Marchand said on May 30, 2019 he attended the retreat. He said there was discussion regarding regional transportation solutions including regional rail, autonomous vehicle companies, and linking technologies.
Smart Cities Conference Mayor Marchand said on May 31, 2019 he participated in a mayor's panel and spoke regarding technology.
East Meets West International Art Exhibition Mayor Marchand said he spoke at the event on June 2, 2019.
Citizens Police Academy Graduation Mayor Marchand said on June 5, 2019 he attended the graduation for the 35th Citizens Police Academy.
Sandia Community Outreach Mayor Marchand said he attended the outreach program on June 5, 2019 and a groundbreaking for their new computer and technology building.
KTVU Zip Trip Mayor Marchand said on June 7, 2019 he participated in the program.
Alameda County Transportation Commission (ACTC) Mayor Marchand said he attended the Planning, Policy, and Legislation Committee meeting on June 10, 2019.
- at 9:07 pm to a regular City Council meeting on Monday, June 24, 2019 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.
JOHN P. MARCHAND, MAYOR
SARAH BUNTING, CITY CLERK