CITY COUNCIL

NOVEMBER 9, 2020

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CLOSED SESSION

Pursuant to Governor Newsom's Executive Order N-29-20, members of the City Council and staff participated in this meeting via teleconference. In the interest of maintaining appropriate social distancing, members of the public also participated in this meeting electronically.

CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor John Marchand at 6:30 pm, held via teleconference using Zoom and YouTube.

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

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

Mayor Marchand opened the public comment portion of the meeting.

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.)

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.)

Government Code § 54956.9(e)(1) - Facts and circumstances that might result in litigation against the City which the City believes are not yet known to a potential plaintiff or plaintiffs.

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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

1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala said there was no reportable action.

2.

PROCLAMATIONS AND PRESENTATIONS

2.01 Airport Commission Annual Update.

Former Airport Commission Chair Alex Shezefi presented the update.

3.

CITIZENS FORUM

Mayor Marchand opened the public comment portion of the meeting.

Gina Bonanno congratulated the City on the completion of Stockmen's Park. She suggested QR Codes and short videos be used to educate the public on Livermore's history.

Stacey Swanson requested the public be able to submit verbal comments during Citizen's Forum.

Dave Casteel requested overnight train quiet zone similar to San Jose. He stated that train horns are a nuisance for residents that could be reasonably abated.

Brittni Kiick thanked the community asset management program committee for creating the CAMP Geocache activity. She stated it was a great way to explain the work of the City Council and highlight the assets of the City.

There were no more speakers and public comment was closed.

Mayor Marchand welcomed Mayor-Elect Woerner and new Council Member Kiick. He stated that the City is working on hybrid or verbal public comments. He also explained that the train quiet zone concept is very complex but that the City will continue to pursue it.

4.

CONSENT CALENDAR

Items 4.13 and 4.14 were removed from the Consent Calendar and placed after Matters for Consideration item 6.04.

Mayor Marchand and Council Member's Carling and Munro spoke in support of item 4.05.

In response to questions from VM Woerner, City Manager Marc Roberts stated that enhanced street lighting on J and K streets are still in process and included in the next phase.

In response to questions from VM Woerner on item 4.06 related to generators and network reliability during an emergency, Verizon Wireless representative Dante Williams explained that Verizon has a strike team in place to respond in the event of a natural disaster that will assist in putting up a temporary tower. He also stated several sites in the City have back-up generators on-site or plug generator opportunities.

Mayor Marchand opened the public comment portion of the meeting.

There were no speakers and public comment was closed.

ON THE MOTION OF CM MUNRO, SECONDED BY CM CARLING, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEMS 4.13 AND 4.14.

4.01 Adoption of ordinance 2106 authorizing execution of a Development Agreement (DA) 19-002 with Red Bear Property Management for Downtown Commercial Uses.

4.02 Adoption of ordinance 2107 authorizing execution of a Development Agreement (DA) 19-003 with Shakespeare's Associates, Inc. for a Downtown Black Box Theater.

4.03 Adoption of ordinance 2108 authorizing execution of a Development Agreement (DA) 19-004 with Quest Science Center for a Downtown Science and Society Center.

4.04 Adoption of ordinance 2109 amending the zoning map of the City of Livermore for pre-zoning of property in unincorporated Alameda County for the Greenville Plaza Project Zoning Map Amendment (ZMA) 17-001.

4.05 Resolution 2020-192 appropriating funds and authorizing the City Manager to execute a grant agreement with the California Department of Transportation (Caltrans) for the East Avenue Corridor Study Phase II project in an amount not-to-exceed 130,000.

4.06 Resolution 2020-193 authorizing the City Manager to execute a Master License Agreement with GTE Mobilnet of California, dba Verizon Wireless, to provide the general framework for the installation and maintenance of small cell communication infrastructure on City-owned streetlight poles within public rights-of-way; and authorizing the City Engineer to execute individual site licenses in accordance with the Master License Agreement.

4.07 Resolution 2020-194 approving a supplemental appropriation in the amount of $75,000 from Measure BB in FY 2020-21 and awarding bid to and authorizing execution of an agreement with Bear Electrical Solutions, Inc., for construction of the Downtown Street Lighting Enhancement Project, No. 2018-41, in an amount not-to-exceed $385,400.

4.08 Resolution 2020-195 approving a supplemental appropriation in the amount of $400,000 from Traffic Impact Fee Funds in FY 2020-21 and awarding bid to and authorizing the execution of an agreement with Quincy Engineering to provide Right of Way engineering services for the Isabel Avenue/I-580 Interchange, CIP No. 1992-38 in an amount not-to-exceed $694,000.

4.09 Resolution 2020-196 accepting $750,000 from the Alameda County East County Economic Development Fund for development and construction of tiny homes with on-site services to be located at Crosswinds Church and authorizing the City Manager to execute the First Amendment to the agreement with Crosswinds Church for the use of those funds.

4.10 Resolution 2020-197 authorizing the acceptance for permanent maintenance and release of the security bonds, reduction of the labor and materials bond, and execution of a Notice of Completion for the 2020 Slurry Seal Project No. 2020-04.

4.11 Resolution 2020-198 authorizing the acceptance for permanent maintenance and release of the security bonds, reduction of the labor and materials bond, and execution of a Notice of Completion for Decorative Wall Replacement Citywide, Holmes Street Wall Replacement Phase 1, GradeTech Inc. Contract, Project No. 2006-54.

4.12 Resolution 2020-199 approving revised appropriations in fiscal year 2020-21 for the 2019-21 Capital Improvement Plan.

4.15 Resolution 2020-200 authorizing staff to display the POW-MIA Flag at the Civic Center Campus for the week of November 10-17, 2020.

5.

PUBLIC HEARINGS - NONE

5.01 Hearing to consider a request to adopt the Isabel Neighborhood Specific Plan (Plan) which would establish land use regulations for the development of a complete transit-oriented neighborhood in the area surrounding the proposed Valley Link station in the median of I-580, just east of Isabel Avenue. The Plan would allow up to 4,095 new multi-family housing units and approximately 1.97 million square feet of net new non-residential uses. The Plan identifies the necessary infrastructure to serve the planned development, including three new neighborhood parks, multi-use trails, and pedestrian and bike facilities. The Plan also includes affordable housing strategies and policies and infrastructure financing strategies and policies.

Recommendation: The Planning Commission and staff recommended the City Council take the following actions to certify the Supplemental Environmental Impact Report for the Isabel Neighborhood Specific Plan and adopt the Isabel Neighborhood Specific Plan and associated policy amendments:

1. Adopt a resolution adopting California Environmental Quality Act Findings, a Statement of Overriding Considerations, and a Mitigation and Monitoring and Reporting Program, and certifying the Final Supplemental Environmental Impact Report for the Isabel Neighborhood Specific Plan.

2. Adopt a resolution approving the Isabel Neighborhood Specific Plan Specific Plan (SP) 18-001.

3. Adopt a resolution approving General Plan Text and Map Amendments (GPA) 18-001.

4. Adopt a resolution approving Active Transportation Plan Amendments (POL) 20-003.

5. Introduce an ordinance approving Development Code Text Amendments (DCA)18-001; Zoning Map Amendment (ZMA)18-001 to rescind the following Planned Developments (PD) and Planned Unit Developments (PUD): PUD 116, PDI 06-008, PD 17, PDC 00-195, PDR 01-016, PDI 00-188, PDI 03-003, PDI 01-020 and PDR 01- 001, and replace with Isabel Neighborhood Specific Plan (INSP) zoning; and Annexation - Pre-Zoning (APZ) 18-001.

6. Introduce an ordinance approving Planned Development Amendment (PD18-001) to amend PUD 153-84.

7. Introduce an ordinance approving Planned Development Amendment (PD18-006) to amend PDI 00-181.

8. Introduce an ordinance approving Planned Development Amendment (PD18-007) to amend PDI 01-002.

9. Introduce an ordinance approving Planned Development Amendment (PD18-009) to amend PD 16.

Associate Planner Ashley Vera presented the staff report.

Mayor Marchand opened the public hearing.

Rick Werner SMW104 spoke in support of the work being performed by local workers and requested the City Council adopt the residents for development's proposed language.

Jbolivia urged City Council to have the work performed by local union workers.

William urged City Council to have the work performed by local workers and contractors.

Brandon Evans Local 595, urged the City Council to use local labor for the project.

Sblend Splendorio spoke in support of the Isabel Neighborhood Specific Plan and affordable housing.

Denise Bouillerce, Innovation Tri-Valley - Stanford Healthcare Valley Care, spoke in support of the Isabel Neighborhood Specific Plan and affordable housing.

Lynn Naylor, CEO Innovation Tri-Valley Leadership Group, at the request of Lawrence Livermore National Laboratory she expressed support for the project and affordable housing options for local workers.

Mark Triska, Innovation Tri-Valley, expressed support for the Isabel Neighborhood Specific Plan and the connectivity and housing it would provide.

Karl Wente spoke in support of the Isabel Neighborhood Specific Plan and the positive impacts to the community.

Evan Branning thanked staff for their work on the project and expressed support for the plan. He also requested the City Council clarify the bike walk connections for crossing the freeway.

Michael Tree, Tri-valley San Joaquin Valley Regional Rail Authority, spoke in support of the project and its positive effects on the community.

Jeremy Troupe-Masi stated the project will bring many benefits to the area and encouraged City Council to move forward with the project.

Brittni Kiick expressed excitement for the project and requested City Council review staff's recommendations for rental housing to be built and how it differed from the previous plan.

Marianne Payne congratulated staff on the development of the Isabel Neighborhood Specific Plan.

There were no more speakers and the hearing was closed.

In response to questions from CM Carling, City Attorney Jason Alcala stated that the letter received from Hanson Bridgett on behalf of Livermore Venture Partners was reviewed and determined no adjustments are needed to the project based on those letters.

CM Munro spoke in support of using local labor.

VM Woerner spoke in support of the plan and stated the City Council should consider the requests outlined in the letter when revising the General Plan. Regarding local labor, he stated that the City Council should consider incorporating their suggestions and engaging the unions in dialogue earlier in the process for City projects.

In response to questions from the Mayor, Mrs. Vera stated that the plan includes noise mitigation policies if the airport noise exceeds appropriate neighborhood levels.

In response to questions from the Mayor, City Manager Marc Roberts stated that all the requirements under the Environmental Quality Act have been met and environmental and policy impacts have been considered.

In response to questions from the Mayor, Community Development Director Paul Spence stated that the plan included a variety of land uses to create a vibrant neighborhood and incorporated regular check-in points which would allow for adjustments to be made overtime if needed.

ON THE MOTION OF CM CARLING, SECONDED BY CM MUNRO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ENCOURAGED DEVELOPER TO CONSIDER COMMUNITY WORKFORCE AND ADOPTED THE FOLLOWING RESOLUTIONS AND INTRODUCED THE FOLLOWING ORDINANCES:

Resolution 2020-201 adopting California Environmental Quality Act Findings, a Statement of Overriding Considerations, and a Mitigation and Monitoring and Reporting Program, and certifying the Final Supplemental Environmental Impact Report for the Isabel Neighborhood Specific Plan.

Resolution 2020-202 approving the Isabel Neighborhood Specific Plan Specific Plan (SP) 18-001.

Resolution 2020-203 approving General Plan Text and Map Amendments (GPA) 18-001.

Resolution 2020-204 approving Active Transportation Plan Amendments (POL) 20-003.

Ordinance introduced approving Development Code Text Amendments (DCA)18-001; Zoning Map Amendment (ZMA)18-001 to rescind the following Planned Developments (PD) and Planned Unit Developments (PUD): PUD 116, PDI 06-008, PD 17, PDC 00-195, PDR 01-016, PDI 00-188, PDI 03-003, PDI 01-020 and PDR 01- 001, and replace with Isabel Neighborhood Specific Plan (INSP) zoning; and Annexation - Pre-Zoning (APZ) 18-001.

Ordinance introduced approving Planned Development Amendment (PD18-001) to amend PUD 153-84.

Ordinance introduced approving Planned Development Amendment (PD18-006) to amend PDI 00-181.

Ordinance introduced approving Planned Development Amendment (PD18-007) to amend PDI 01-002.

Ordinance introduced approving Planned Development Amendment (PD18-009) to amend PD 16.

5.02 Hearing to consider a request to subdivide a parcel containing an existing single-family residence into five lots, amend residential development standards for the lots, and develop four of the lots with new single-family detached homes.

. Location: 1080 Central Avenue

. Site Area: 1.0± acres

. Applicant: Michael Kelly

. Application Numbers: Subdivision (SUB) 18-008, Vesting Tentative Tract Map (VTTM) 8388, Planned Development Amendment (PDA) 18-011, and Site Plan Design Review (SPDR) 18-020

. Public improvements: Curb, gutter, and sidewalk, and undergrounding of existing overhead utilities along Central Avenue property frontage. Extension of the north and south segments of Cherry Way, through the parcel, to form abutting cul-de-sacs with rolled curbs for emergency vehicle access.

. Zoning: Planned Development-Residential (PD-R) 03-004

. General Plan: Urban Medium Residential (UM)

. Historic Status: None. Existing structures are not proposed to be modified.

. CEQA: Recommend finding this project is Categorically Exempt under the provisions of the California Environmental Quality Act (CEQA), per CEQA Guidelines Section 15332, Class 32, Infill Development.

Recommendation: The Planning Commission and staff recommended the City Council take the following actions to authorize the proposed single-family residential subdivision project:

1. Adopt resolutions finding that the project is exempt from the California Environmental Quality Act (CEQA), and approving Subdivision (SUB) 18-008 (Vesting Tentative Tract Map 8388) and Site Plan Design Review (SPDR) 18-020;

2. Introduce an ordinance amending Planned Development Residential (PD-R) 03-004; and

3. Instruct staff to file a Notice of Exemption with the Alameda County Clerk.

Associate Planner Turhan Somez presented the staff report.

In response to questions from CM Carling, Mr. Somez clarified that the lot area ratio of 35% for lot 5 would remain.

In response to questions from Mayor Marchand, Mr. Somez clarified that the surrounding neighborhood includes a mix of one and two story homes. The planned development only allows for single story and the applicant is proposing to amend the planned development to allow for two story homes. He also stated a general plan amendment application and an application to amend the planned development would be needed to further subdivide lot 5.

In response to questions from the Mayor, Community Development Director Paul Spence confirmed that the current design creates two dead end streets but helps to eliminate cut through traffic.

Mayor Marchand opened the public hearing.

Diana spoke in support of new housing being single story and preventing cut through traffic.

There were no more speakers and the hearing was closed.

ON THE MOTION OF CM COOMBER, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS AND INTRODUCED THE FOLLOWING ORDINANCE:

Resolution 2020-205 finding that the Cherry Way Custom Homes Project is exempt from the California Environmental Quality Act.

Resolution 2020-206 finding that the project is exempt from the California Environmental Quality Act (CEQA), and approving Subdivision (SUB) 18-008 (Vesting Tentative Tract Map 8388) and Site Plan Design Review (SPDR) 18-020;

Ordinance introduced amending Planned Development Residential (PD-R) 03-004.

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.

Jackie Cota spoke regarding unconstitutional mask requirements and encouraged City Council not to require masks and allow youth to return to school.

There were no more speakers and the public comment period was closed.

VM Woerner requested staff reduce the number of employees a business is required to have to apply for grant funding.

THE CITY COUNCIL RECEIVED THE PRESENTATION.

6.02 Resolution of Continued Local Emergency.

Recommendation: Staff recommended the City Council adopt a resolution of Continued Local Emergency.

Deputy City Manager Christine Martin presented the staff report.

Mayor Marchand invited public comment.

Jackie Cota stated that the Governor lacked the authority to issue industry closure orders. She stated that no emergency exists, there is no need for the City to continue participating, and no need to hold meetings virtually.

There were no more speakers and the public comment period was closed.

In response to questions from Mayor Marchand, City Attorney Jason Alcala explained that the Legislature did return and pass the election item in N67-20 as valid law.

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 2020-207 of Continued Local Emergency

6.03 Resolution approving an amended and restated contact with the City Attorney.

Recommendation: Mayor Marchand recommended the City Council approve modified terms and conditions of employment as indicated in the Amended and Restated City Attorney Employment Contract dated November 9, 2020.

THE CITY COUNCIL CONSIDERED ITEMS 6.03 AND 6.04 SIMULTANEOUSLY.

6.04 Resolution approving the 2020 amendment to the employment contract with the City Manager.

Recommendation: Mayor Marchand recommended the City Council approve modified terms and conditions of employment as indicated in the City Manager Employment Contract 2020 Amendment dated November 9, 2020.

Chief Negotiator Mayor Marchand presented the staff report for items 6.03 and 6.04 simultaneously.

The City Council expressed appreciation for the work of the City Manager and City Attorney.

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

Resolution 2020-208 approving an amended and restated Employment Contract with the City Attorney.

Resolution 2020-209 approving the 2020 amendments to the Employment Contract with the City Manager

CONSENT CALENDAR 4.13 & 4.14

4.13 Resolution approving modifications to the wages and benefits of Unrepresented Executive Management Employees.

THE CITY COUNCIL CONSIDERED ITEMS 4.13 & 4.14 SIMULTANEOUSLY.

4.14 Resolution adopting the City of Livermore Salary Plan as of November/December 2020, in accordance with California Regulations, Title 2, Section 570.5.

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

Resolution 2020-210 approving modifications to the wages and benefits of Unrepresented Executive Management Employees.

Resolution 2020-211 adopting the City of Livermore Salary Plan as of November/December 2020, in accordance with California Regulations, Title 2, Section 570.5.

7.

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 and VM Woerner noted their attendance at the board meeting on November 2, 2020.

Livermore Cultural Arts Council CM Munro noted her attendance at the meeting on November 4, 2020.

Tri-Valley Non-Profit Alliance CM Munro noted her attendance at the meeting.

East Bay Community Marketing CM Munro noted her attendance at the meeting.

Altamont Landfill Community Monitoring CM Carling noted his attendance at the meeting on October 14, 2020.

Homeless Subcommittee CM Carling noted his attendance at the meeting on October 15, 2020.

League of California Cities CM Carling noted his attendance at the short term rentals webinar on October 21, 2020.

East Bay Community Choice Energy CM Carling noted his attendance at the meeting on October 21, 2020 representing CM Munro.

League of California Cities CM Carling noted his attendance at the Equity and Inclusion webinar on October 22, 2020.

Stockmen's Park the City Council noted their attendance at the ribbon cutting on October 23, 2020.

Stopwaste.org CM Carling noted his attendance at the meeting on October 28, 2020.

Staff Briefing CM Carling noted his attendance at a briefing on October 15, 2020 regarding Isabel Aveue; October 29, 2020 related to first street bike lane markings; and November 5, 2020 related to Lassen Road.

Tri-Valley Housing Authority CM Carling and CM Munro noted their attendance at the meeting on November 5, 2020.

Equity and Inclusion Subcommittee VM Woerner and CM Munro reported their attendance at the working group sessions on October 27th and 29th, 2020

Livermore Downtown Inc. VM Woerner noted his attendance at the meeting.

Stockmen Videos VM Woerner requested staff pursue videos and interviews with various Stockmen QR Codes linked to video and capture image of brand in hardscape that links to video.

Public Comment VM Woerner requested that staff continue to work towards live public comment.

Train Quiet Zones VM Woerner requested staff provide a memo related to the feasibility of a train quiet zone.

Brown Act Letter VM Woerner requested that a letter be sent to the state representative asking for updates to the Brown Act.

Solar Policies CM Munro requested staff return with a letter regarding solar policies that would add criteria related to carbon sequestration; agricultural biodiversity, location of the fields relative to storage facilities, easy of land transformation, aesthetics of design, and power generation.

Mayor's Conference Mayor Marchand noted his attendance at the homeless working group meeting on October 14, 2020.

Alameda County Transportation Commission Mayor Marchand noted his attendance at the October 22, 2020 meeting. He also noted his attendance at the project and program committee meeting on November 9, 2020.

8.

ADJOURNMENT - at 9:49 pm in memory of Sampson to a special meeting November 16, 2020 and to a regular City Council meeting November 23, 2020 held virtually via Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK