January 27, 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, Bob Coomber, and Trish Munro.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING CLOSED SESSION ITEMS.
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 - 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 consolidated case)
3. BMP Livermore LLC v. City of Livermore, Alameda County Superior Court Case No. RG18901328 and Federal Insurance Company v. City of Livermore, Alameda County Superior Court Case No. RG18913522. (consolidated)
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, Bob Coomber, 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 February as Science and Engineering Month.
Mayor Marchand presented a proclamation to Dr. Regina Brinker, Livermore Valley Joint Unified School District STEM Coordinator and Jeremy Vilkins, Vice Principal at Junction Avenue K-8 School declaring February as Science and Engineering Month.
2.02 Presentation of the Library Board of Trustees Annual Presentation.
Chairperson Arthur Pontau presented the annual update.
2.03 Reappointment of Richard Finn as City Historian for a regular two-year term ending February 1, 2022.
ON THE MOTION OF CM MUNRO, SECONDED BY CM COOMBER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENT.
2.04 Confirmation of advisory body appointments and administration of oath of office to new members.
Community Asset Management Program Committee:
Dharana (Donna) Allen to a regular term ending December 31, 2021
Dawn Argula to a regular term ending December 31, 2021
Regina (Gina) Bonanno to a regular term ending December 31, 2021
Steven Dunbar to a regular term ending December 31, 2021
Mark Palajac to a regular term ending December 31, 2021
Steve Stamos to a regular term ending December 31, 2021
Marco Torres to a regular term ending December 31, 2021
Nicol Williams Pruitt to a regular term ending December 31, 2021
Jennifer Yeamans to a regular term ending December 31, 2021
ON THE MOTION OF VM WOERNER, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS.
Acting City Clerk Marie Weber administered the oath of office.
Greg Scott spoke regarding homelessness in Livermore.
Jacob Vital spoke regarding the theft of campaign signs and encouraged proper civil discourse.
Carrie Oldes, Tri-Valley Supervisor for Meals on Wheels with Spectrum Community Services, extended an invitation encouraging citizens to support upcoming fundraisers including: "March for Meals" on the 3rd week of March, "Feed the Need 2020" on May 8th, and the Tri-Valley event at Concannon Winery on October 10th.
Miles Anderer spoke in support of the Police Department using drones to assist them in their duties.
Bishop Eshak spoke regarding the need to trim a bush blocking the view of drivers, the need for additional sidewalks, and encouraged incorporating longer school days to give students Friday's off at William Mendenhall Middle School.
Jack Harwood recommended Sunset Elementary install vending machines.
Doris Ryon spoke regarding her involvement in Livermore Amador Valley Garden Club and encouraged more face-to-face activities in the community.
Asa Strout spoke regarding recent political discourse in Livermore and the theft of campaign signs. He encouraged both side of Measure P be respectful of each other.
Laning Thompson spoke regarding the need for affordable housing and emergency shelters for the homeless.
Mayor Marchand noted that the City assisted some homeless residents with the Chestnut property and that Council worked towards additional affordable housing and a safe parking program.
In response to questions from CM Carling, Assistant Community Development Director, Eric Uranga, spoke regarding the twenty-four-million-dollar Measure A1 Bond Funds the City received for affordable housing projects including the Downtown project, Pacific Avenue project and Vineyard 2.0.
CM Munro shared that the homelessness subcommittee will hold public outreach meetings in February. She asked the community to consider how they can contribute to resolving homelessness.
Item 4.02 Greg Scott urged City Council to consider alternative methods to resolving homelessness.
Item 4.02 Brent Siler urged the city to focus the attention on who can be helped the fastest and then continue to those that may take longer to help.
Mayor Marchand spoke regarding how resources are being prioritized based on the needs of the homeless and the state of poverty in Livermore.
ON THE MOTION OF CM CARLING, SECONDED BY CM MUNRO, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEMS 4.01 AND 4.02.
4.01 Resolution 2020-013 authorizing the acceptance for permanent maintenance and release of the security bonds for the Runway 07L-25R Grooving Project, Project No. 2020-18.
4.02 Resolution 2020-014 authorizing the execution of a Professional Services Agreement with Hello Housing in an amount not to exceed $115,000 to support administration of the City's Affordable Homeownership Programs.
5. PUBLIC HEARINGS - NONE
MATTERS FOR CONSIDERATION
6.01 Council Member Appointments to intergovernmental agencies.
Recommendation: Staff Recommends the Mayor appoint Council Members to intergovernmental agencies.
Mayor Marchand reappointed Council Members to their existing committees.
6.02 Discussion and direction regarding short-term rentals.
Recommendation: Staff recommends the City Council discuss and direct staff to develop an ordinance and procedures regulating short-term rentals.
Assistant Planner, Andy Ross, presented the staff report.
Mayor Marchand invited public comment.
Kellie Knezovich spoke in support of hosted rental properties in Livermore and encouraged City Council to get ahead of the state with regulations regarding hosted rentals.
Lori Knezovich spoke in support of hosted short-term rentals and expressed concerns related to non-hosted rentals. She requested Council create an ordinance before summer to protect Livermore from situations like the shooting in Orinda.
Drew Felker requested Council not add additional regulations as it makes it more difficult to make a better life for him and his family.
Allie Felker spoke regarding the low likelihood of dangerous situations occurring with short term rentals and urged Council not to create additional regulations.
Matt Alexander spoke as the homeowner of the short-term rental receiving complaints. He stated parties and loudspeakers are no longer allowed and a decibel meter and cameras have been installed. He also spoke in support of un-hosted rentals with appropriate monitoring.
Jeremy Troupe-Masi spoke in support of non-hosted rentals and urged Council to adopt staff's recommendations.
Brent Siler spoke in support of short-term rentals with the requirements that cameras being onsite, neighbors being notified, and a list of procedures in the event of an issue.
Greg Scott spoke regarding the high number of drugs in the community and the effect on short term rentals.
In response to questions from CM Munro, Mr. Ross clarified the importance of only allowing homeowners to rent out up to two homes and only one transaction per home to prevent rentals from becoming small hotels.
In response to questions from CM Carling, City Manager, Mark Roberts, clarified the registration of short-term rentals would be used to assess how they are impacting housing supply. He also confirmed that Council could select a maximum number of permits issued or cap the number of permits per person.
CM Munro expressed that having one or two rentals per homeowner seemed to achieve the desired results related to short-term rentals.
CM Coomber, CM Munro, VM Woerner and Mayor Marchand spoke in support of short-term rentals and noted the importance of keeping people in their homes through the income short-term rentals provide.
CM Carling and CM Carling supported requirements such as registration, violation standards, transient occupancy tax, noise standards, and an ordinance.
VM Woerner felt contact information should be provided but did not support allowing people to own and rent several properties.
Mayor Marchand supported a requirement for homeowners to provide their contact information to neighbors when the property is rented. He also encouraged a City procedure that would incentivize following the rules.
VM Woerner supported a procedure that would address drug violations and police calls.
CM Munro encouraged staff to identify differences between major and minor infractions when considering regulations.
CM Carling encouraged staff to define a radius regarding what the city considers a neighbor.
THE CITY COUNCIL DIRECTED STAFF TO DRAFT AN ORDINANCE RELATED TO SHORT-TERM HOUSING.
Mayor Marchand opened items 6.03 and 6.04 together.
6.03 Discussion and direction regarding the preparation and dissemination of factual information concerning the initiative changing development regulations in downtown Livermore and amending regulations to allow housing at the Civic Center.
Community Development Director, Paul Spence; Planning Manager, Steve Stewart; and City Attorney, Jason Alcala, provided the presentation.
In response to questions from Mayor Marchand, Mr. Stewart clarified that 78% of people who participated in public outreach agreed that the hotel needed to face South Livermore Avenue.
Mr. Spence clarified that the construction of the hotel does not require the completion of the I Street parking garage prior to beginning construction.
VM Woerner clarified that nothing can be built on the west side prior to building the L street garage without creating a significant parking deficit and the L street garage cannot be built prior to building the I Street Garage.
In response to questions from VM Woerner, Mr. Stewart clarified that timelines presented for the Downtown Plan assumed that the L Street Garage would be built as currently planned and noted that any changes could cause years of delays.
In response to questions from VM Woerner, Mr. Spence clarified that the initiative infringes on Stockman's Park.
In response to questions from CM Munro, Mr. Stewart clarified that the initiative proposes apartment sizes that are not conducive with affordable housing units.
VM Carling clarified that the fourteen-million-dollar grant the City was awarded is designated for affordable housing. If that project was lost, the money would be sent back.
VM Woerner clarified that the initiative is not specific in some areas meaning public outreach would be required. He also noted that the initiative would end the affordable housing project and hotel deal.
CM Coomber expressed support of the City's Downtown Plan.
Mayor Marchand invited public comment.
Asa Strout spoke regarding the removal of affordable housing in the initiative plan and the negative impact to residents. He also expressed concern that the initiative zoning changes don't provide designated parking for apartment residents.
Savannah Vento Chun Expressed support for Measure P and frustration with members of the community that are purposefully deceiving vulnerable residents.
Maryann Brent read a statement on behalf of Loretta Kaskey in support of the initiative. She also personally spoke in support of the initiative.
Ben Barrientos spoke regarding the high cost of living in Livermore. He invited City Council and residents to attend the Lion's Club meeting on February 23, 2020 related to homelessness.
Jean King clarified that the initiative would provide housing that is affordable, she stated that the issues identified in the hotel report are dated and no longer applicable; temporary parking could be used during construction; the outreach results were for the downtown area only, not a general opinion of what should be in the City; and that buildings could be multi-level which would minimize the footprint.
In response to questions from Mayor Marchand, Mrs. King clarified different parking options for the Central Park Plan.
VM Woerner stated that the City has not received any responses or inquiries related to an interested hotelier for the Central Park Plan.
Richard Ryon spoke in support of the Central Park Plan and highlighted the financial benefit presented in a report created by Willdan Associates.
Doris Ryon read a statement on behalf of Tamara Reus supporting the Central Park Plan.
Ralph Moir read a statement on behalf of Jeff Kaskey in support of the Central Park Plan.
Laning Thompson spoke in support of the Eden Housing project bringing additional affordable housing to Livermore and expressed support of Measure P.
Nakoa Chun spoke in support of Measure P.
Dawn Argula, CEO Livermore Valley Chamber of Commerce, spoke in support of the City's Downtown Plan and expressed concern for the companies who have made an investment in the community to deliver the Downtown Plan.
Lisa Tromovitch, Livermore Shakespeare Festival, expressed agreement of the previous speakers Laning Thompson's and Dawn Argula's comments.
Allie Felker thanked City Council for providing accurate and fact-based information to the community. She also expressed concern related to the initative and support for the City's Downtown Plan.
CM Coomber expressed frustration that young adults and people without good pensions cannot find affordable housing. He spoke in support of making Livermore a destination for downtown businesses and wineries.
CM Munro thanked staff for the information provided. She expressed concern regarding the confusion in the community related to Measure P.
CM Carling agreed with comments provided by the other members of Council. He expressed concern that proponents of the initiative seemed to contradict themselves and stated that the initiative is a rezoning not a plan.
VM Woerner agreed with the other Council Members that purposeful misinformation prevents progress. He spoke regarding the benefits of an east side hotel and expressed concern over the scale of the Central Park Plan and claims that there would be no delay in building. He also stated that the November initiative conflicts with SB330.
In response to questions from VM Woerner, Mr. Alcala clarified that if the initiative passed, the provision of SB 330 would need to be figured out in court and could drag the timeline out significantly.
VM Woerner clarified a yes vote on Measure P would lock in the zoning for 30 years which would allow financing to be approved for a hotel. He encouraged residents to vote yes on P.
Mayor Marchand thanked staff for the information. He spoke in support of the City's approved plan and expressed disappointment regarding campaign signs being removed by opposing sides. He urged residents to compare the facts when comparing and deciding.
VM Woerner expressed agreement with the Mayor's comments and noted the importance of the legal issues.
6.04 Discussion and direction regarding the preparation and dissemination of factual information concerning the referendum against Ordinance No. 2089 approving a Development Agreement with 2205 Railroad Ave. LLC for the Wine Country Hotel at the Bankhead Project.
Recommendation: Staff recommends the City Council discuss the information provided by staff and provide direction on the dissemination of information and the need for any additional information.
At 11:04 PM City Council voted to finish the agenda
7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED
Livermore Amador Valley Transit Authority (LAVTA) CM Coomber, CM Carling and VM Woerner noted their attendance at several meetings in January.
Livermore Area Recreation and Park District - CM Munro noted her attendance at the reopening of May Nissen Park on December 18, 2019.
Homelessness CM Munro expressed her concerns regarding homelessness.
Congregation Beth Emek CM Munro noted she moderated a panel on homelessness on December 5, 2019.
Crosswinds Church CM Munro and CM Carling noted their visit to view small homes that could be used for transitional housing on December 10, 2019.
Homelessness Subcommittee CM Munro and CM Carling both noted their attendance on January 21, 2020.
East Bay Community Energy - CM Munro noted her attendance at the meetings December 18, 2019 and January 22, 2020.
League of California Cities CM Munro noted her attendance at the Public Policy and Public Works Committee meetings January 23, 2020.
Pleasanton Community of Character Collaborative CM Munro noted she attended the 20th Annual Martin Luther King Jr. Fellowship Breakfast with Mayor Marchand on January 27, 2020.
Liberation of Auschwitz CM Munro noted that January 27, 2020 marks 75 years of liberation of Auschwitz.
Stopwaste.org - CM Carling note his attendance at the December 12 and December 18, 2019 and January 9, 2020 meetings.
Livermore Pleasanton Fire Department - CM Carling noted his attendance at the badge pinning for Chief Peters on January 7, 2020.
Community Monitor Meeting, Altamont Landfill Settlement Agreement CM Carling noted his attendance at the meeting on January 15, 2020.
CityServe of the Tri-Valley CM Carling noted his attendance at the meeting on January 18, 2020.
Homeless Encampment Visit CM Carling noted his trip to a homeless encampment with the Mayor of Dublin and expressed concern regarding people who need immediate help and consistent information from authority figures in the City. He expressed support for providing storage lockers and a commons area.
Alameda County Mayor's Conference CM Carling noted his attendance on January 8th.
Alameda County, Altamont Landfill Open Space Committee, VM Woerner noted his attendance at the January 17th committee meeting.
Livermore Downtown, Inc. VM Woerner and Mayor Marchand noted their attendance at the Board swearing-in on January 27, 2020.
Livermore Chamber of Commerce VM Woerner noted his attendance to swear-in new board members.
San Joaquin Valley Region Rail Authority VM Woerner and Mayor Marchand noted their attendance at the January 8th Valley Link Board of Directors Meeting.
Zone 7 Water Agency VM Woerner noted his attendance at the committee meeting on the Mayor's behalf.
Livermore Area Performing Arts Center VM Woerner noted a meeting with board members but stated he was unsuccessful at attending a board meeting and has submitted another letter to the board requesting to attend a board meeting as the City Liaison.
Iglesia Ni Cristo Service Day Noted his attendance on January 12th at Lawrence Elementary School.
Alameda County Transportation Commission Mayor Marchand noted his attendance at the January 13th Express Lane Committee meeting.
Planning and Policy Committee Mayor Marchand noted his attendance.
Lineage Winery Mayor Marchand noted his attendance at the January 17th ribbon cutting.
ADJOURNMENT - at 11:31 pm in memory of Bob Allen to a regular City Council meeting on Monday, February 10, 2020 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.
JOHN P. MARCHAND, MAYOR
MARIE WEBER, CITY CLERK