CITY COUNCIL

May 25, 2021

5/25/2021 - Adjourned regular meeting - began at 2:00 pm.

ADJOURNED REGULAR MEETING

1. CALL TO ORDER - The meeting of the City Council was called to order by Mayor Bob Woerner at 2:00 pm, held via teleconference using Zoom and YouTube.

ROLL CALL - Present: Mayor Bob Woerner, Vice Mayor Trish Munro and Council Members Regina Bonanno, Robert W. Carling, and Brittni Kiick.

5. PUBLIC HEARINGS

Associate Planner Jake Potter reviewed the actions City Council was being asked to take and clarified there were no legislative acts being taken at the meeting, stated that the project was consistent with downtown specific plan requirements.

Associate Civil Engineer, Rick Teczon addressed site contamination and clean-up at the site. He stated that subsurface contamination was a known condition studied in the subsequent environmental impact report, no new information had surfaced related to contaminate impacts at the site, the city was working with the regional water board to address existing conditions, and that the project doesn't present any unusual clean-up activities based on past uses. Clean-up is expected to be routine.

Assistant Community Development Director Eric Uranga presented on funding for the project. He stated that funding for the project would be reserved as a residual receipt note, which is like a grant. He explained that this form of financing is a common method to finance affordable housing projects among Cities.

Bob Vinn, City Engineer, stated that a traffic and parking study had been done by Fehr and Peers. The study concluded that a 1:1 parking ratio is sufficient. Eden Housing also prepared a report on other properties they operate which supported that the 1:1 parking ratio was sufficient.

Mayor Woerner provided some initial comments related to outreach to solicit community input and feedback the City Council received from residents. He also stated that the project is entitled to specific development standards per state law. Despite the entitled standards, Eden Housing has been more conservative with the project.

VM Munro, CM Bonanno, CM Kiick and CM Carling each expressed support for the project. They stated the project was consistent with both the General Plan and Downtown Specific Plan and that parking issues would be relieve by the I Street Garage buildout.

In response to questions from CM Kiick, City Manager Marc Roberts confirmed that there would be outreach for Stockmen's Park over the summer.

Mayor Woerner stated that the application of the State Density Bonus Law was appropriate, that the project meets all technical requirements and complies with CEQA, and that the project is a quality project. He also stated that if the City did not move forward it would be a risk of lawsuit from outside housing agencies, penalties under state laws, and would have to do the project anyway. He stated their was no basis to deny the project under the Quasi-Judicial criteria.

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

Resolution 2021-071 adopting an exemption in accordance with the Government Code and the California Environmental Quality Act.

Resolution 2021-072 approving Downtown Design Review (DDR) 20-019 and Vesting Tentative Parcel Map (VTPM) 11186 - Subdivision (SUB) 21-003 for the Downtown Workforce Housing Project.

Resolution 2021-073 to authorize execution of a First Amendment to Disposition, Development and Loan Agreement with Eden Housing, Inc. for development of the downtown multi-family site. (2009-2111 Railroad Avenue, APN 098-0289-021-00).

6.

6. MATTERS FOR CONSIDERATION

6.1 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: An oral report was given at the meeting.

Director of Emergency Services, Marc Roberts presented the staff report.

In response to questions from CM Kiick, Mr. Roberts stated that the City had not purchased the tents used by downtown businesses. Those tents will go back to rental facilities or be owned by the restaurants who purchased them.

CM Bonanno requested staff return with a status update of hotels housing the homeless during the pandemic.

Mayor Woerner opened the public comment.

Lainie Pascall requested the City Council provide guidance on what residents can expect when the state reopens on June 15, 2021.

Kyoko Takayama (she/her) requested the City investigate a spike in COVID-19 cases in the 94551-zip code and asked that flyers be put up in the area encouraging people to get vaccinated.

Jackie Cota spoke against residents getting vaccinated.

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

6.2 Resolutions approving the initial legislative actions for Trevarno Road Sewer and Water Improvements Assessment District 2021-1, including the intention to establish the Assessment District, approving the Engineer's Report and establishing the Public Hearing, and declaring intention to reimburse expenditures.

Recommendation: Staff recommended the City Council adopt the following resolutions related to a proposed assessment district for the Trevarno Road Sewer and Water Improvements, CIP Project No. 201960:

1. A resolution of intention to make acquisitions and improvements, which declares intention to establish the Assessment District

2. A resolution preliminarily approving the Engineer's Report and directing related action which sets the date and time of the Public Hearing; and

3. A resolution declaring intention to reimburse expenditures under federal tax rules related to sewer, water and fire hydrant improvements along Trevarno Road, establishing the City's intent to reimburse prior capital expenditures with proceeds of bonds issued for the proposed assessment district.

Acting Assistant City Engineer Mallika Ramachandran presented the staff report.

In response to questions from CM Bonanno, Mrs. Ramachandran clarified that the water for the homes is City water but that only one meter exists on First Street.

Sara Mares, NBS Consultant, spoke regarding the ballots and the process.

Mayor Woerner invited public comment.

Terry Clinnick. spoke in support of the assessment district and thanked staff for their assistance.

There were no more speakers and the Mayor closed the public comment.

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

Resolution of Intention 2021-074 to make acquisitions and improvement. Assessment District 2021-1 Trevarno Road Sewer and Water Improvements (Trevarno Road Sewer and Water Improvements, CIP Project No. 201960).

Resolution 2021-075 preliminarily approving Engineer's Report and directing related actions.

Resolution 2021-076 Declaring Intention to Reimburse Expenditures under federal tax rules related to sewer, water and fire hydrant improvements along Trevarno Road. (Trevarno Road Sewer and Water Improvements, CIP Project No. 201960).

6.3 Resolution of Intention to form Community Facilities District 2021-1 (Citywide Maintenance) and Future Annexation Area pursuant to the Mello-Roos Community Facilities Act of 1982.

Recommendation: Staff recommended the City Council:

1. Accept the petition from property owner requesting initiation of formation of City of Livermore Community Facilities District No. 2021-1 (Citywide Maintenance) (the "CFD") to finance certain ongoing maintenance services, and waiving the otherwise-applicable election time periods;

2. Adopt a resolution of intention to form the CFD and Future Annexation Area for the CFD and call for a public hearing on July 12, 2021, to consider formation of the CFD and the Future Annexation Area.

Associate Civil Engineer Debbie Salgado presented the staff report.

Mayor Woerner invited public comment.

There were no speakers and the Mayor closed the public comment.

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

Resolution 2021-077 declaring the intention to establish a community facilities district and authorizing and directing actions related thereto. City of Livermore Community Facilities District No. 2021-1 (Maintenance and Public Services).

7.

7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS

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

Goodness Village The City Council noted their attendance at the opening of Goodness Village on May 21, 2021. CM Kiick noted that a bus stop would also be located there soon.

Valley Link Rail CM Kiick noted that at the May 12, 2021 board meeting, the environmental impact report was approved for Valley Link.

Livermore Amador Valley Water Management Agency CM Bonanno noted her attendance at the board meeting on May19, 2021 and stated that in July the board would be refinancing with their partners.

Climate Action Plan CM's Bonanno and Carling noted their attendance at the Sandia Laboratory to review the Climate Action Plan with lab management.

Consent Calendar VM Munro clarified how residents can participate on item that are on the consent calendar. She also explained the City's Flag policy in reference to City Council's approval of flying the Pride Flag in June.

8.

8. ADJOURNMENT - at 3:51 pm to a regular City Council meeting on June 14, 2021 at 7:00 pm, held virtually via Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK