March 25, 2019
CALL TO ORDER - The Closed Session of the City Council was called to order by Vice Mayor Robert W. Carling at 6:30 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.
ROLL CALL - Present: Vice Mayor Robert W. Carling and Council Members Bob Coomber, Trish Munro, and Bob Woerner. Mayor Marchand was absent/excused.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING CLOSED SESSION ITEMS.
ADJOURN TO CLOSED SESSION
1. Existing Litigation. To meet with the City Attorney regarding pending litigation pursuant to Government Code section 54956.9(d)(1). Discussion in open session would prejudice the position of the City in litigation. (One case)
City of Livermore v. Lewis, et al., Alameda County Superior Court Case No. RG18931843
CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Vice Mayor Robert W. Carling at 7:00 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.
1.01 ROLL CALL - Present: Vice Mayor Robert W. Carling and Council Members Bob Coomber, Trish Munro, and Bob Woerner. Mayor Marchand was absent/excused.
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 Livermore Area Youth Advisory Commission Annual Update
Livermore Area Youth Advisory Commission Vice Chair Madeline Lovdahl presented the annual update.
Jim Schmidt, Livermore Valley Opera, spoke regarding working with the City to find storage space for his arts organization.
Nancy Bankhead, Livermore, spoke regarding her lithophile art group needing a workspace and announced upcoming activities at the Bankhead Theater.
Greg Scott, Livermore, spoke regarding homelessness issues in Livermore.
Evan Branning, Livermore, supported the City Council adopting a resolution condemning hate and violence and supporting diversity.
John Stein, Livermore, spoke regarding form-based zoning and suggested a hybrid zoning approach to reflect the community's culture.
Clark Streeter, Livermore, expressed support for Mr. Schmidt's comments.
Laning Thompson, Livermore, supported constructing a tent city for the homeless population in Livermore along with support services.
Karl Wente expressed appreciation to others and spoke regarding government.
Items 4.06 and 4.08 were removed from the Consent Calendar for separate discussion and action.
ON THE MOTION OF CM MUNRO, SECONDED BY CM COOMBER, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEMS 4.06 AND 4.08.
Items 4.06 Connie Kopps, Livermore, said North Livermore needed to be considered as a whole and asked questions about the item.
Item 4.08 Connie Kopps, Livermore, suggested including a map with the item so people could see the district boundaries.
ON THE MOTION OF CM COOMBER, SECONDED BY CM WOERNER, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEMS 4.06 AND 4.08.
4.01 Approval of draft minutes - March 11, 2019 regular City Council meeting.
4.02 Adoption of Ordinance 2084 amending Municipal Code Chapter 2.14 Elections.
4.03 Resolution 2019-026 terminating the local emergency proclamation ratified by the City Council on March 22, 2017 and continued until January 2019.
4.04 Resolution 2019-027 authorizing execution of an agreement with FBD Vanguard Construction, Inc., in an amount not to exceed $577,387, for construction of the Civic Center Meeting Hall Sidewalk Repair, Project No. 2017-02; and appropriating $300,000 in Gas Tax Funds to the project.
4.05 Resolution 2019-028 authorizing execution of a fifth amendment to the agreement with Perkins Eastman Architects, DPC, in a total amount not to exceed $622,595, for construction administration services for the Livermore Civic Center Meeting Hall, Project No. 2004-39.
4.06 Resolution 2019-034 accepting Tract 8277 public improvements for permanent maintenance except the landscape improvements along Sunflower Court; accepting all real property offered for dedication within Tract Map 8277, including Central Avenue, Public Utility Easement, Emergency Vehicle Access Easement, Waterline Easement, and Sanitary Sewer Easement; extending the time of completion for the Sunflower Court landscape improvements until October 1, 2019, accepting cash deposit from the Developer as an alternate security in the amount of $53,000 for the landscape improvements along Sunflower Court; and authorizing release of the Performance, Labor and Materials, and Maintenance bonds for all of the public improvements except the cash deposit for the Sunflower Court landscape improvements.
4.07 Resolution 2019-029 adopting a list of projects for Fiscal Year 2019-20 funded by Senate Bill 1 (the Road Repair and Accountability Act of 2017); and authorizing use of State Gas Tax 2017 - Road Maintenance and Rehabilitation Account (RMRA) funds, in the amount of $1,000,000, for the 2019 Street Resurfacing, Project No. 2020-01 in Fiscal Year 2019-20, and in the amount of $500,000 for the 2020 Slurry Seal, Project No. 2020-04 in Fiscal Year 2019-20.
4.08 Resolution 2019-035 directing the City Engineer to file the Annual Engineer's Report for Landscape Maintenance Districts organized under the Landscape and Lighting Act of 1972 with the City Clerk.
4.09 Resolution 2019-030 authorizing issuance of a purchase order to Owen Equipment, in an amount not to exceed $512,669, for the purchase of a Vactor combination sewer cleaning truck.
4.10 Resolution 2019-031 authorizing destruction of certain City records that are no longer required in accordance with Government Code Section 34090 and the City's Records Retention Schedule.
4.11 Resolution 2019-032 adopting the City of Livermore Salary Plan as of April 1, 2019 in accordance with California Code of Regulations, Title 2, Section 570.5.
4.12 Resolution 2019-033 ratifying the agreement between the City of Livermore and the Department of Veterans Affairs (VA) for provision of fire protection services to the Livermore VA Hospital through April 30, 2023; authorizing execution of a modification to the agreement to add a fourth firefighter to the initial response company serving the Livermore VA Hospital; and authorizing execution of an updated Revenue Sharing Agreement with the City of Pleasanton.
5.01 Hearing to consider amendments to Municipal Code Chapter 11.08, Airport Rules and Regulations, to include aircraft self-fueling requirements and update those requirements to be consistent with industry standards; and to consider adopting changes to Minimum Standards for Commercial Aeronautical Activities to remove reference to self-fueling requirements and update fuel storage requirements.
Recommendation: Staff recommended the City Council introduce an Ordinance amending Municipal Code Chapter 11.08, Airport Rules and Regulations, to allow self-fueling; and adopt a resolution adopting the Minimum Standards for Commercial Aeronautical Activities.
Airport Manager David Decoteau presented the staff report.
VM Carling opened the public hearing.
There were no speakers and the hearing was closed.
ON THE MOTION OF CM WOERNER, SECONDED BY CM MUNRO AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCE AND ADOPTED THE FOLLOWING RESOLUTION:
Ordinance introduced amending Municipal Code Chapter 11.08, Airport Rules and Regulations, to allow self-fueling.
Resolution 2019-036 adopting the Minimum Standards for Commercial Aeronautical Activities.
5.02 Hearing to consider the Annual Progress Report, which tracks the City's progress towards implementing the Housing Element of the General Plan and meeting its Regional Housing Need Allocation (RHNA), pursuant to Government Code Section 65400.
. Location: Citywide
. Applicant: City of Livermore
. On-site and off-site public improvements: None
. Site Area: Citywide
. Zoning: Various
. General Plan: Various
. Historic Status: None
. CEQA: NA
. Application Number: Project Tracking (PT) 19-001
Recommendation: Staff recommended the City Council adopt a resolution accepting the 2018 Housing Element Annual Progress Report.
Assistant Planner Tricia Pontau presented the staff report.
CM Coomber noted that he had not seen any single-story units for people who could not use stairs and said it was disconcerting that only income level was considered. In response to questions by CM Coomber, Community Development Director Paul Spence said some projects would have elevators to all floors and the City did encourage development of single-story homes.
VM Carling opened the public hearing.
Andrew Barker, Livermore, contrasted parking subsidies against below-market rate housing subsidies; he supported subsidizing people over parking.
Connie Kopps, Livermore, expressed concerns regarding a proposed housing project on Lassen Road and related traffic congestion.
Greg Scott, Livermore, spoke regarding supportive housing for the homeless population.
There were no more speakers and the hearing was closed.
In response to questions by CM Woerner, Mr. Spence said the market was not creating units in the extremely low, very low, and low housing categories. He said two of the related challenges were funding and site constraints. City Manager Marc Roberts noted that funding was the greater challenge of the two; and said that timing was also a factor.
CM Munro expressed frustration regarding the regional housing problems and said that California was not comfortable thinking about three-dimensional growth.
In response to questions by VM Carling regarding the senior housing project at Chestnut Square, Assistant Community Development Director Eric Uranga said the application period ended with 653 applications for the 72 units.
ON THE MOTION OF CM WOERNER, SECONDED BY CM MUNRO AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2019-037 accepting the 2018 Housing Element Annual Progress Report.
MATTERS FOR CONSIDERATION
6.01 2019 Livermore State and Federal Legislative Platform.
Recommendation: Staff recommended the City Council:
1. Adopt a resolution approving the 2019 Livermore State and Federal Legislative Platform; and
2. Adopt a resolution approving the Tri-Valley Cities Housing and Policy Framework as part of the City's 2019 Legislative Platform.
Deputy City Manager Christine Martin presented the staff report.
VM Carling expressed support for the item.
CM Woerner said the high cost of housing was a symptom and not a cause of the City's problems; he believed the issue was the mismatch between jobs and housing. He supported thinking holistically and urging the legislature to address the cause.
CM Munro agreed that housing could not be considered independently of jobs. She urged the community to advocate for keeping jobs and housing together.
ON THE MOTION OF CM MUNRO, SECONDED BY CM WOERNER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:
Resolution 2019-038 approving the 2019 Livermore State and Federal Legislative Platform.
Resolution 2019-039 approving the Tri-Valley Cities Housing and Policy Framework as part of the City's 2019 Legislative Platform.
COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED
7.01 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members.
Paratransit Advisory and Planning Commission (PAPCO) CM Coomber said he attended the meeting on March 25, 2019 where there was discussion regarding the City of Hayward's paratransit report.
Single Family Units The City Council directed staff to prepare information regarding options to include accessible single-family homes in projects. City Manager Marc Roberts confirmed that staff would prepare an informational memorandum.
GameChanger Awards CM Munro said on March 13, 2019 she attended Innovation Tri-Valley's awards event.
City Council Subcommittee on Homelessness CM Munro said on March 14, 2019 the subcommittee held a meeting on homelessness; she said a second meeting would be held in April to discuss topics such as provisions of restrooms, showers, and trash.
Intergovernmental Committee CM Munro said she attended the meeting on March 21, 2019 with CM Woerner where there was discussion regarding vaping.
Air Quality CM Munro said on March 25, 2019 she met with Supervisor Scott Haggerty and members of the Bay Area Air Quality Management District (BAAQMD) where there was discussion regarding air quality in the Tri-Valley and establishing a community group.
Promotion of Air Quality Program The City Council directed staff to promote BAAQMD's program; City Manager Marc Roberts confirmed that staff would provide information on the City's website regarding Assembly Bill 617 and the BAAQMD program for community members.
Inclusiveness Resolution In response to Mr. Branning's comments during citizens forum regarding inclusiveness, CM Munro supported taking a proactive approach to making Livermore an inclusive place and proposed establishing a City Council subcommittee to work on a resolution.
THE CITY COUNCIL AUTHORIZED CM MUNRO TO PREPARE A DRAFT RESOLUTION REGARDING INCLUSIVENESS FOR CONSIDERATION AT A FUTURE CITY COUNCIL MEETING.
CM Woerner reported his attendance at five meetings since the last City Council meeting, including the Valley Link Board, the Livermore Downtown Incorporated (LDI) board of directors, the Altamont Open Space Landfill Committee, the Livermore-Amador Valley Transit Authority (LAVTA), and the Intergovernmental Committee.
City Council Chamber Site The City Council directed staff to prepare information regarding potential uses of the existing City Council Chamber site.
THE CITY COUNCIL AUTHORIZED CM WOERNER TO WORK WITH LIVERMORE AREA RECREATION AND PARK DISTRICT WITH RESPECT TO THE EXISTING CITY COUNCIL CHAMBER SITE.
Downtown Communication Plan The City Council directed staff to provide information regarding the City's plan for communicating the plan for Downtown projects to the community.
In response to questions by CM Woerner regarding parking projects in the Downtown, City Manager Marc Roberts said the I Street garage construction was scheduled begin in 2020; L Street would begin construction in 2022. He noted temporary parking and said that Council's direction had been to maintain adequate parking supply during construction of the overall master plan.
Sister City VM Carling reported on his activities with the delegation from Yotsukaido, Japan.
Stopwaste.org VM Carling said he attended the meeting on March 14, 2019.
Mayor's Report VM Carling said on March 21, 2019 he was interviewed by TV30 for the Mayor's Report.
In response to questions by VM Carling, City Manager Marc Roberts said that consideration of Homeless Emergency Aid Program (HEAP) funds would be presented to the City Council in May.
CM Carling said Union City's parking lots did not have room for recreational vehicles and motor homes; he hoped the City would consider that in the future. He said Ms. Thompson's comments during Citizens Forum regarding tent cities for the homelessness population and a day center were interesting.
ADJOURNMENT - at 8:33 pm to a regular City Council meeting on Monday, April 8, 2019 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.
JOHN P. MARCHAND, MAYOR
SARAH BUNTING, CITY CLERK