MARCH 9, 2020
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 Bob Woerner, and Council Members Robert W. Carling, and Bob Coomber.
Absent: Council Member Trish Munro.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING CLOSED SESSION ITEMS.
ADJOURN TO CLOSED SESSION
1. Conference with Legal Counsel - Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated. (One case)
Friends of South Livermore v. Livermore, Alameda County Superior Court Case No. RG20054362
2. Conference with Legal Counsel - Anticipated Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(4) to decide whether to initiate litigation based on existing facts and circumstances. (One case.)
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, and Bob Coomber.
Absent: Council Member Trish Munro.
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 Proclamation declaring March 8-14, 2020 Girl Scout Week.
Mayor Marchand presented a proclamation to the Cresta Blanca Girl Scouts declaring March 8-14, 2020 Girl Scout Week.
Greg Scott spoke regarding solutions to help combat the coronavirus and its impact on sensitive populations like the homeless.
Carrie Olds, Tri-Valley Meals on Wheels, spoke regarding March for Meals and methods to keep delivering meals to seniors during the Coronavirus pandemic. She noted that there are routes available and requested that people interested in delivering meals reach out to her at 925-483-1989.
Rachel Snedecor, Livermore Downtown, thanked City Council for continuing the City Plan and asked that they keep moving downtown development forward.
Brent Siler spoke regarding a dog abandoned at the Maida Nissan dog park. He explained that Livermore Police Department was called for help and he was told that they would need to wait for animal control. He requested an amendment to the animal control ordinance that would allow LPD to help dogs in bad situations until they can be handed to appropriate parties.
Rusty Skinner, Livermore, congratulated everyone on Yes on Measure P. He also spoke regarding a lack of American flags on Livermore Police patrol cars and asked why thin the blue line patch had been recently removed from uniforms.
Neil Herrick thanked Council Member Coomber for his service. He requested the City provide communication regarding good practices (washing hands, etc.) during the Coronavirus. He also expressed concern for the homeless population who may not be getting the nutrition or rest they need and could become a source of contagious infection.
Evan Branning, Livermore, thanked everyone who voted yes on Measure P. He requested that a third vote not be held regarding the downtown plan and asked that those responsible for the initiative withdraw it so the City can move forward in other areas.
Emily Ramey, Ygrene Energy Fund, PACE financing company, spoke regarding the PACE program being used as a tool to meet unfunded mandates and solve future power shutoff issues. She urged the City Council to approve the Ygrene PACE program.
Dawn Argula, Livermore Valley Chamber of Commerce, supported the comments from Evan Branning. She expressed appreciation for the Yes on P vote and asked that City Council's attention now move to other needs of the community.
Connie Kopps, Use a Bag Allot a Bag, expressed concern over the Coronavirus and requested Livermore Sanitation provide large plastic wipe-able containers for trash.
Karl Wente spoke in support of Measure P and encouraged supporters of the November Initiative to withdrawal it. He also urged all residents to vote and expressed support for the Wine Country Inn.
As requested by Mayor Marchand, City Manager Marc Roberts updated the community on the status of Coronavirus efforts. Mr. Roberts explained the City held daily situational awareness meetings, implemented Emergency Operations procedures, and met with major employers to quickly react to changes in the Coronavirus situation. He urged residents to call their medical provider if they believe they may have the virus to help avoid any further spread.
Mayor Marchand confirmed that the preemptive case at Lawrence Livermore National Laboratory was negative.
Mayor Marchand thanked everyone who voted on Measure P regardless of how they voted. He expressed concern regarding the negative actions taken during the election and urged residents to set aside the conflict and move forward together. He also stated that the Community Service Day on May 2nd would be a way to bring the community together to make Livermore remarkable.
Item 4.01 Karl Wente, spoke regarding good government.
ON THE MOTION OF VM WOERNER, SECONDED BY CM COOMBER, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED ALL CONSENT CALENDAR ITEMS.
4.01 Approval of draft minutes - January 27, 2020 regular meeting.
4.02 Resolution 2020-028 authorizing the execution of an agreement with Schaaf & Wheeler Consulting Civil Engineers, in the amount of $377,540 for professional services for the City of Livermore Storm Drain Master Plan Update Project.
4.03 Resolution 2020-029 authorizing execution of an agreement with Bank of the West for banking services in an amount not-to-exceed $320,000 and authorizing the Administrative Services Director to execute subsequent agreements related to its implementation.
4.04 Resolution 2020-030 authorizing acceptance of the remaining public improvements on Tract 8216 (Shea Homes Sage Phase 2) for permanent maintenance and authorizing release of remaining security bonds.
5.01 Hearing to consider amending the sign section of Planned Development Commercial (PDC) 03-008 to allow two approximately 5-foot tall monument signs, along First Street (north of McDonald's) and Las Positas Road (immediately west of the Shell Gas Station).
Location: Plaza 580 Shopping Center, northwest corner of Las Positas Road and First Street (APNs 099 002100100, 099002100301, 099002101602, 099 002101401, 099 002101503, 099 002101800, 099 002101700)
Site Area: 33.75± acres
Applicant: Mike McClure, Ad Art Sign Company
Application Number: Planned Development (PD) 18-010
Public improvements: None.
Zoning: Planned Development Commercial (PDC) 03-008
General Plan: Community Serving General Commercial (CSGS)
Historic Status: None
CEQA: Recommend finding the project is Categorically Exempt under the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15311(a).
Recommendation: The Planning Commission and staff recommend the City Council adopt a resolution and introduce an ordinance:
1. Finding the project is categorically exempt under the provisions of CEQA; and
2. Instruct staff to file the Notice of Exemption with the Alameda County Clerk; and
3. Adopt the Planned Development 18-010, amending the sign standards at the Planned Development Commercial 03-003 zoning district.
Associate Planner Ashley Vera presented the staff report.
Mayor Marchand opened the public hearing.
Connie Kopps requested the owner or management company information for the Plaza. She also requested that staff look at the traffic in the area and the speed limit.
In response to Mrs. Kopps, Mrs. Vera explained that Kimco owns and operates the Plaza 580 shopping center.
In response to Mrs. Kopps, Community Development Director, Paul Spence, clarified that the City performed ongoing traffic assessments and didn't anticipate an issue at the location.
There were no more speakers and the hearing was closed.
ON THE MOTION OF CM CARLING, SECONDED BY CM COOMBER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION AND INTRODUCED THE FOLLOWING ORDINANCE:
Resolution 2020-031 finding that Planned Development 18-010 is categorically exempt from the provisions of the California Environmental Quality Act; and approving Planned Development 18-010.
Ordinance introduced amending Planned Development - Commercial (PD-C) 03-008 to allow for two additional monument signs at the Plaza 580 shopping center.
MATTERS FOR CONSIDERATION
6.01 Amendment to Livermore Municipal Code Chapter 5.50 Tobacco Retail Licensing to exempt premium tobacco products from the ban prohibiting the sale of flavored tobacco products.
Recommendation: Introduce an ordinance to add subsection 5.50.105 exemption for premium tobacco products to the Livermore Municipal Code.
City Attorney Jason Alcala presented the staff report.
In response to CM Coomber, Mr. Alcala explained that the City took great care in creating the ordinance to help avoid the opportunity to find loopholes.
Mayor Marchand invited public comment.
Owen Wise-Pierik, Alameda County Tobacco Control Coalition, expressed concern that allowing hand-rolled cigars poses ambiguity in the City Code.
Liz Williams, Americans for Non-Smokers Rights, urged Council not to exempt premium tobacco as it's difficult to enforce and chips away at strong laws. She encouraged that the law applies equally to all products at all locations and requested City Council revisit the language if they are going to exempt premium tobacco.
Kristie Wong, Janelle Gladden, & Paula Campbell, Flavors Addict Kids, requested that City Council place limits on minimum pricing as well as the type and number of retailers that can sell the products.
Austin Wingate, Alameda County Tobacco Control Coalition, explained that the most effective tobacco ordinances have no exemptions because there are no loopholes or enforcement issues. He urged City Council to set limits on minimum pricing and have clear qualifications to sell premium cigars, cap the number of premium cigar retailers, ensure the exemption only applies to premium cigar stores and not all stores, and prohibit the sale of tobacco at new retailers.
Jen Grand-Lejano, American Cancer Society, thanked Council for their policy setting and urged City Council not to have any exemptions to the ordinance.
Mark Gordon spoke in support of the exemption being crafted without loopholes so no one could exploit the language.
In response to questions from CM Carling, Mr. Alcala confirmed that retailers would need to provide a list of items they would be selling for approval by the police department. Mr. Alcala stated that setting minimum pricing guidelines provided additional enforcement challenges for staff. Regarding a cap on the number of retailers, Mr. Alcala urged City Council to explore how many premium tobacco retailers currently exist.
CM Coomber supported the exemption with a limit on the number of premium tobacco retailers allowed in the City.
VM Woerner expressed support for the ordinance but requested staff bring information back regarding the minimum number of retailers and minimum pricing. He also supported the existing number of retailers be the cap going forward.
In response to questions from VM Woerner, Mr. Alcala stated he could provide a report at the next meeting, with the changes requested, and re-introduce the ordinance.
Mayor Marchand stated that the City has accomplished what it set out to do, protect youth, and could now protect businesses that are being good players. He requested staff bring information back regarding the CBD items in the future.
CM Carling requested that staff create qualification guidelines to sell premium tobacco.
ON THE MOTION OF VM WOERNER, SECONDED BY CM CARLING AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCE AND DIRECTED STAFF TO CREATE A FUTURE AMENDMENT ESTABLISHING A MINIMUM PRICE, A LIMIT ON THE NUMBER OF PREMIUM TOBACCO RETAILERS, RETAILER ELIGIBILITY CRITERIA, AND INCLUDE CBD OIL AND PRODUCTS IN THE ORDINANCE:
Ordinance introduced to add subsection 5.50.105 exemption for premium tobacco products to the Livermore Municipal Code.
6.02 Resolution authorizing the City to become an Additional Member of the California Community Housing Agency ("CalCHA"), join the Joint Exercise of Powers Agreement, support the agency's issuance of tax exempt bonds, and authorize the City Manager or his designee to enter into Purchase Option Agreements.
Recommendation: Staff recommends the City Council adopt a resolution authorizing:
1. The City to become an Additional Member of the California Community Housing Agency ("CalCHA") and the City Manager, or his designee, to execute document(s) necessary to join the Joint Exercise of Powers Agreement, as amended, subject to approval as to form by the City Attorney; and
2. CalCHA's issuance of tax-exempt bonds; and
3. The City Manager or his designee, to enter into Purchase Option Agreement(s) with CalCHA, subject to the final form approval by the City Attorney; and
4. Any surplus project revenues received by the City from middle-income rental housing properties acquired by CalCHA to be designated for the Affordable Housing Trust Fund; and
5. CalCHA shall be granted only those authorities and permissions necessary to acquire properties and issue tax-exempt bonds for the creation of (middle-income) housing within the City Livermore.
Community Development Management Analyst II, Hang Huynh, presented the staff report.
In response to questions from VM Woerner, Assistant Community Development Director Eric Uranga clarified that there is not a negative financial impact for the City; any financial risk or liability is the responsibility of the owners and property management companies.
In response to questions from CM Carling, Mr. Uranga clarified that the City has the option to decline to purchase a property or assign the option agreement to a non-profit housing developer that could purchase it.
In response to CM Coomber, Mr. Roberts clarified that the City could potentially have the option to purchase property but the Joint Powers Authority (JPA) would be responsible for selling the property. He explained the City would have the traditional non-profit partnership but with less participation due to the JPA.
Mayor Marchand invited public comment.
Brent Siler spoke in support of middle class housing but stated the tax exempt bonds eliminate the taxes that would go to the City and schools. He expressed concern that the City would lose the tax base and that King County Supervisors have primary decision making authority. He requested City Council do additional research prior to approving.
Connie Kopps spoke in opposition of the item.
Jordan Moss, Catalyst Housing Group, spoke in support of the program as a part of the organization that created the financing. Regarding the loss of tax revenue, Mr. Moss stated that while the City would lose property tax revenue the City would get 30 years of appreciation and income.
Mr. Uranga stated that the project is financially feasible due to its tax free status.
Mr. Roberts stated the properties were government owned, more affordable, and the City would retain project by project control over acquisitions because as a member the City must agree to the issuance of the bonds.
In response to questions from CM Carling, Mrs. Huynh clarified that Kings County Board of Supervisors approves additional members and vote on tax exempt bonds issued for the City.
ON THE MOTION OF CM CARLING, SECONDED BY VM WOERNER AND CARRIED ON A 4-0 VOTE, ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2020-032 authorizing the City of Livermore to become an additional member of the CalCHA; supporting the CalCHA issuance of tax-exempt bonds for the production, preservation, and protection of essential middle-income rental housing; and authorizing the City Manager or his designee to enter into purchase option agreements with the CalCHA for essential middle-income rental housing created within the City limits.
COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED
7.01 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members.
Campaign Signs Council Member Coomber requested, and received concurrence, for staff to bring an Ordinance prohibiting campaign signs on public property and options to limit campaign signs in public right of way
Speed on Isabel Avenue Council Member Coomber asked that the Police Department implement speed enforcement on Isabel Avenue. Chief Harris explained that monthly multijurisdictional events are held and the traffic team will make it a focus.
StopWaste.org Council Member Carling reported his attendance at the February 13th StopWaste meeting.
Community First Council Member Carling reported his visit to Austin, TX with a group to visit Community First. The group houses 180 formally homeless individuals in mini-homes.
Homeless Subcommittee Council Member Carling reported his attendance at the meeting in February and invited the public to the meeting Wednesday, March 11th at 7pm.
Chestnut Square Vice Mayor Woerner and Mayor Marchand reported their attendance at the ribbon cutting.
November Initiative Vice Mayor Woerner requested that staff update the factual information and focus on the impact of parking if the initiative passed
Alameda County Transportation Commission Mayor Marchand reported his attendance at the Program and Project Committee meeting on March 9th.
ADJOURNMENT - at 9:22 pm to a special City Council meeting on Monday, March 16, 2020 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.
JOHN P. MARCHAND, MAYOR
MARIE WEBER, CITY CLERK