Livermore City Council 8/24/2020

 

CALL TO ORDER / PLEDGE OF ALLEGIANCE

PROCLAMATIONS AND PRESENTATIONS

CITIZENS FORUM

CONSENT CALENDAR

PUBLIC HEARINGS

MATTERS FOR CONSIDERATION

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

ADJOURNMENT


CITY COUNCIL


August 24, 2020

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REGULAR MEETING

1.

CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:00 pm,. held via teleconference using Zoom and YouTube.

1.01 ROLL CALL - Present: Mayor John Marchand, Vice Mayor Bob Woerner, and Council Members Robert W. Carling, Bob Coomber, and Trish Munro.

1.02 PLEDGE OF ALLEGIANCE

Mayor Marchand announced items 4.09, 5.01, and 5.02 were being removed from the agenda and stated they would return at a later date.

2.

PROCLAMATIONS AND PRESENTATIONS

2.01 Proclamation recognizing the Islamic Center of Livermore.

Mayor Marchand presented a proclamation to Dr. Abdul Awwal,

3.

CITIZENS FORUM

Sameena Usman thanked the City Council for providing a proclamation for American Muslim Appreciation and Awareness Month.

Steven Dunbar spoke in support of the application having more specific transit improvements.

4.

CONSENT CALENDAR

Item 4.09 was removed from the agenda.

ON THE MOTION OF CM COOMBER, SECONDED BY VM WOERNER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 4.09.

4.01 Approval of draft minutes - May 11, 2020 - regular meeting.

4.02 Adoption of Ordinance 2098 to prohibit the sale of CBD electronic smoking devices, and electronic smoking device fluids.

4.03 Adoption of Ordinance 2099 amending the Livermore Development Code Part 4 (General to Zones), Chapter 4.06 (Sign Standards), Section 4.06.060 (Signs on Public Property) and Section 4.06.140 (Temporary Signs); and Part 11 (Definitions), Chapter 11.01 (Definitions), Section 11.01.020 (Definitions of Specialized Terms and Phrases).

4.04 Resolution 2020-148 authorizing a supplemental appropriation of $350,000 and authorizing acceptance for permanent maintenance and release of the security bonds for the Decorative Wall Replacement Citywide, Holmes Street Wall Replacement Phase 1, Project No. 2006-54.

4.05 Resolution 2020-149 approving the City of Livermore Salary Plan as of August 24, 2020 in accordance with California Code of Regulations, Title 2, Section 570.5.

4.06 Resolution 2020-150 establishing speed limits as recommended in the 2019/2020 Engineering and Traffic Surveys Report.

4.07 Resolution 2020-151 authorizing the submission of an application to the State of California Department of Housing and Community Development for the Transit-Oriented Development Housing Program's Infrastructure Grant in the amount of $3,935,000.

4.08 Resolution 2020-152 authorizing the City Manager to sign the Estoppel Certificate and Agreement, and the Landlord Consent to Leasehold Mortgage and Agreement, with Five Rivers Aviation, LLC and Fremont Bank for the Phase II construction of a hangar complex at the Fixed Based Operator grounds.

4.09 REMOVED FROM AGENDA Resolution authorizing the submission of an application to the State of California Department of Housing and Community Development Homekey Program in the amount of $1,000,000 for the Villages at Crosswinds Tiny Home Village.

5.

PUBLIC HEARINGS

Item 5.01 was continued to the September 14, 2020 City Council Meeting and item 5.02 was removed from the agenda.

5.01 Hearing to amend the General Plan, South Livermore Valley Specific Plan (Specific Plan), and Planned Unit Development 154 to allow for either a small winery or a boutique winery and single-family residence at Specific Plan commercial site 4A2. This application is for text change only, no physical development is proposed.

Location: East side of Arroyo Road, between Ascalano Lane and Hansen Road (APN: 99-682-2)

Site Area: 1.85± acres

Applicant: Matt Ford - Weston Properties

Application Numbers: General Plan Amendment (GPA) 20-001; Specific Plan

Amendment (SPPA) 18-004; Development Code Amendment (DCA) 20-001.

Public Improvements: None.

Zoning: Planned Development 154 (Specific Plan Subarea 4, Parcel A)

General Plan: South Livermore Valley Specific Plan, Vineyard Commercial (SV-VC)

Historic Status: None

CEQA: An addendum to the 1997 South Livermore Valley Specific Plan and

General Plan Amendment EIR will be considered under the provisions of the California Environmental Quality Act (CEQA).

Recommendation: This item has been continued to the regular meeting of September 14, 2020.

5.02 Hearing to consider development of 186 townhome units ranging from two and three-stories. The project proposes to change the General Plan designation of two vacant parcels totaling approximately 35 acres from the existing land use designations of Low Intensity Industrial, Service Commercial, and Limited Agriculture to Urban Medium High Residential and Open Space. The proposed residential project includes roads, street lighting, landscaping, and other public improvements, and the preservation of 23 acres of open space.

Location: Lassen Road, northwest of I-580 and the First Street overpass (APNs: 902 000800202 and 099 002300800)

Site Area: 35± acres

Applicant: Adam Tennant, WestGate Ventures

Application Numbers: General Plan Amendment (GPA) 18-003; Vesting Tentative Tract Map (VTTM) 8454, Subdivision (SUB) 18-001; Planned Development Residential (PD-R) 18-003; Site Plan Design Review (SPDR) 18-003; Development Agreement (DA) 18-001; and Zoning Map Amendment (ZMA) 20-001.

Zoning: Planned Unit Development (PUD) 105-80 and PUD 88-81

General Plan: Limited Agriculture (LDAG) and Service Commercial (SC)

Historic Status: None

CEQA: A Mitigated Negative Declaration under the provisions of the California Environmental Quality Act (CEQA) will be considered.

Recommendation: This item has been removed from the agenda and will be re-noticed at a future Council Meeting.

5.03 Hearing to receive and consider all evidence and reports regarding the adoption of the Master Fee Schedule.

Recommendation: Staff recommended the City Council adopt a resolution adopting the City's Master Fee Schedule incorporating certain fee changes and superseding resolution 2019-127.

Deputy City Manager Christine Martin presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

ON THE MOTION OF CM CARLING, SECONDED BY CM MUNRO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2020-153 approving the City's Master Fee Schedule incorporating certain fee changes and superseding resolution 2019-127.

6.

MATTERS FOR CONSIDERATION

6.01 Oral report from the Director of Emergency Services regarding the COVID-19 emergency, its impacts, and the governmental operations in response to that emergency, as well as discussion and direction regarding the City's emergency operations in response to that emergency.

Recommendation: Staff recommended the City Council receive the report and provide direction regarding governmental operations in response to the COVID-19 emergency.

Director of Emergency Services Marc Roberts presented the staff report.

Mayor Marchand invited public comment.

Donald Lott thanked the City Council, first responders and Cal Fire for keeping residents safe and updated during the SCU Lightning Complex Fires.

There were no more speakers and the hearing was closed.

In response to questions from CM Carling, Mr. Roberts explained that homeless shelters and homeless liaisons provide information regarding air quality and cooling centers to the unsheltered population.

In response to questions from CM Munro, Mr. Roberts stated that City staff was aware of individuals not wearing face masks while wine tasting and that staff would continue to monitor the situation.

CM Munro requested that City staff look into ways to help businesses like hair salons, which need to operate indoors, move forward during the pandemic. Mr. Roberts stated that the City would move as many barriers as possible and encouraged the businesses to reach out to the City's Innovation and Economic Development Department if state regulations became too limiting.

In response to questions from VM Woerner, Mr. Roberts stated that the City shares emergency information using the website, social media, and AC Alert.

VM Woerner requested staff look into how many people can be reached during an emergency if they were asleep and how the City could increase that number.

In response to questions from VM Woerner, Mr. Roberts stated that it would take the City 10-15 minutes from the time staff became aware of an emergency to the time messaging could be dispensed to the community.

In response to questions from VM Woerner, Mr. Roberts stated that the City hoped to better understand what factors were driving COVID-19 numbers by working with the laboratory to interpret the data.

CM Munro requested city staff look into laying a good foundation for emergency and evacuation procedures during non-emergency times.

CITY COUNCIL RECEIVED THE UPDATE.

6.02 Resolution authorizing the City Manager to implement the Citywide Small Business Assistance Grant Program and appropriation of $2 million from the General Fund in Fiscal Year 2020-21.

Recommendation: Staff recommended the City Council authorize the City Manager to implement the Citywide Small Business Assistance Grant program and appropriate $2 million from the General Fund in Fiscal Year 2020-21 for the program.

Director of Innovation and Economic Development Adam Van de Water presented the staff report.

In response to questions from VM Woerner, Mr. Van de Water stated that although the needs of local businesses varied widely, the preliminary estimates showed that a 50% match grant program would be within the $2 million allocation.

Mayor Marchand invited public comment.

Jean King inquired if the grants would be open to non-profit businesses.

Demitris Kaplanis commented in support of the item.

Jesus Orozco commented in support of the item.

Tri-Valley Restaurant Group commented in support of the item.

There were no more speakers and the hearing was closed.

VM Woerner, CM Munro, and CM Carling spoke in support of grant funding that included a 50% match and allowed for retroactive payments.

In response to questions from CM Carling related to Mrs. King's comment, Mr. Roberts confirmed that non-profits would be eligible to apply for funding.

ON THE MOTION OF VM WOERNER, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION WITH A 50% MATCH AND ELIGIBLE FOR RETROACTIVE EXPENSES:

Resolution 2020-154 authorizing the City Manager to implement the Citywide Small Business Assistance Grant Program and appropriating $2 million from the General Fund in Fiscal Year 2020-21.

6.03 Resolution ratifying the First Amended Order of the Director of Emergency Services for the City of Livermore modifying the temporary outdoor dining program to include dining, retail, and non-contact fitness classes and address the hours of operation and music.

Recommendation: Staff recommended the City Council adopt a resolution ratifying the Director of Emergency Services' emergency order, as follows:

First amended order of the Director of Emergency Services for the City of Livermore modifying the temporary outdoor dining program to include dining, retail, and non-contact fitness classes and address the hours of operation and music, which shall be known as Order No. 20-5.1

Deputy City Manager Christine Martin presented the staff report.

Mayor Marchand invited public comment.

There were no speakers and public comment was closed.

ON THE MOTION OF VM WOERNER, SECONDED BY CM MUNRO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2020-155 ratifying the Director of Emergency Services' emergency order, as follows:

First amended order of the Director of Emergency Services for the City of Livermore modifying the temporary outdoor dining program to include dining, retail, and non-contact fitness classes and address the hours of operation and music, which shall be known as Order No. 20-5.1.

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

7.01 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members.

Speeding CM Coomber requested staff evaluate and return with a memo regarding speeding on Vancouver Way.

Intergovernmental Meeting CM Munro reported her attendance at an intergovernmental meeting.

Equity and Inclusion CM Munro shared that the City would be conducting interviews for the E&I group soon.

Homeless Subcommittee CM Carling and CM Munro reported meeting with staff to discuss homeless resources during COVID-19.

Stopwaste.org CM Carling reported his attendance at the meeting of August 13, 2020.

State of the Tri-Valley CM Carling reported his attendance at the event on August 20, 2020.

Tri-Valley Wheels VM Woerner reported his attendance at the subcommittee meeting on August 24, 2020.

COVID-19 Resources VM Woerner requested staff return with a list of resources available to residents related to COVID-19.

Springtown Golf Course VM Woerner requested staff provide a memo regarding the status and maintenance of the Golf Course.

Livermore Amador Valley Water Management Authority Mayor Marchand reported his attendance at the August 19, 2020meeting.

Innovation Tri-Valley Mayor Marchand reported his attendance at the board meeting on August 14, 2020.

________________________________________________________________

CLOSED SESSION

CALL TO ORDER IMMEDIATELY FOLLOWING THE REGULAR MEETING

Roll Call

Council Member Robert W. Carling

Council Member Bob Coomber

Council Member Trish Munro

Vice Mayor Bob Woerner

Mayor John Marchand

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING CLOSED SESSION ITEMS

Mayor Marchand invited public comment.

There were no speakers and public comment was closed.

ADJOURN TO CLOSED SESSION

1. 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.)

DL Falk Construction Inc., City of Livermore Civic Center Meeting Hall Project No. 2004-039

2. Conference with Legal Counsel - Anticipated Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(2) because there is significant exposure to litigation against the City based on existing facts and circumstances. (One Case.)

DL Falk Construction Inc., City of Livermore Civic Center Meeting Hall Project No. 2004-039. § 54956.9(e)(2) - Facts and circumstances related to an accident, disaster, incident, or transactional occurrence that might result in litigation against the City and that are known to a potential plaintiff or plaintiffs.

REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala reported that there was no reportable action.

8.

ADJOURNMENT - at 9:35 pm to a regular City Council meeting on Monday, September 14, 2020 at 7:00 pm, held virtually via Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK