February 25, 2019
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 Robert W. Carling, and Council Members Bob Coomber, Trish Munro, and Bob Woerner.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING CLOSED SESSION ITEMS.
ADJOURN TO CLOSED SESSION
1. Anticipated Litigation - Conference with Legal Counsel. To meet with the City Attorney pursuant to Government Code section 54956.9(d)(4) to discuss whether to initiate litigation. (One case)
2. Conference with Real Property Negotiator. To meet with Paul Spence and Steve Stewart, the City's negotiators pursuant to Government Code section 54956.8, regarding an amendment to the disposition and development agreement approved on September 10, 2018, for the sale and disposition of the real property at Assessor's Parcel Numbers 098-0289-021-00, 098-0407- 029-02, 098-0289-013-11, and 098-0407-013-00. The City negotiators may negotiate with Rikesh Patel on behalf of the Presidio Companies, LLC and 2205 Railroad Avenue LLC. The instructions will concern amendments to the price and terms of payment in exchange for an amendment to the disposition and development agreement to allow for the development of a three-story hotel.
CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:01 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.
1.01 ROLL CALL - Present: Mayor John Marchand, Vice Mayor Robert W. Carling and Council Members Bob Coomber, Trish Munro, and Bob Woerner.
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 Poet Laureate annual update.
Poet Laureate Cynthia Patton presented the annual update.
2.02 Human Services Commission annual update.
Human Services Commission Chairperson Rhovy Lyn Antonio presented the annual update.
In response to questions by VM Carling, Human Services Program Manager Claudia Young said information regarding the Human Services Commission's activity would be posted online.
Van Rainey, Livermore, spoke regarding issues relating to climate change.
Angie Marshall, Livermore, spoke regarding being disqualified from the City's Affordable Housing Program based on the definition of a first-time homebuyer.
Greg Scott, Livermore, spoke regarding issues relating to homelessness in Livermore.
Ann Brown, Tri-Valley Chapter, Citizens Climate Lobby, spoke regarding issues relating to climate change.
Kyoko Takayama, Livermore, spoke in support of the East Bay Community Energy (EBCE) program and requested the City opt into Brilliant 100.
Nicky Neau, Livermore, spoke in support of the EBCE program and supported the City opting into Brilliant 100.
Connie Kopps, Use-A-Bag A Lotta Bag, Livermore, spoke regarding her business and environmental efforts.
John Stein, Livermore, spoke regarding updating the Downtown Specific Plan and regarding issues in north and south Livermore.
Karl Wente spoke regarding the process of government.
Jackie Nielson, Livermore, expressed concerns regarding traffic safety at the post office crosswalk.
Jacqueline T. Renkel, Livermore, supported the EBCE program and agreed with previous speakers' comments. She expressed concerns regarding renovations at Ravenswood Historic Site.
In response to questions by Mayor Marchand, Community Development Director Paul Spence confirmed that Livermore Area Recreation and Park District was renovating the porch at Ravenswood.
Evan Branning, Livermore, supported Angie Marshall's desire to participate in the Affordable Housing Program.
Items 4.01, 4.03, and 4.05 were removed from the Consent Calendar for separate discussion and action.
ON THE MOTION OF CM COOMBER, SECONDED BY CM MUNRO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEMS 4.02 AND 4.04.
Item 4.01 Karl Wente thanked staff for the minutes.
Item 4.03 Connie Kopps, Livermore, expressed concerns regarding portions of the omnibus ordinance relating to property lines.
Item 4.05 Greg Scott, Livermore, spoke regarding housing, jobs, safe parking, and other services for the homeless population.
Item 4.05 Lance Brookner expressed concerns regarding the existing housing model for homelessness and supported uniting the City with the community through the Chamber of Commerce.
In response to questions by VM Carling, City Manger Marc Roberts noted that staff had submitted supplemental materials revising Item 4.03 regarding the maximum height of waste enclosures.
ON THE MOTION OF VM CARLING, SECONDED BY CM MUNRO, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEMS 4.01, 4.03, and 4.05.
4.01 Approval of draft minutes - February 11, 2019.
4.02 Resolution 2019-014 authorizing execution of an agreement with Peterson Power Systems, in the amount of $933,467, for an emergency standby generator for the Water Reclamation Plant.
4.03 Ordinance introduced amending various sections of the Livermore Municipal Code and Livermore Development Code to update, clarify, and revise existing sections.
4.04 Resolution 2019-015 authorizing execution of a four-month agreement extension with Flagship Facility Services, Inc., in an amount not to exceed $186,000, for janitorial services at City-owned facilities.
4.05 Resolution 2019-016 accepting the City Council Subcommittee on Homelessness work plan to establish a Homeless Strategies Framework.
5.01 Hearing to consider a request for Site Plan Design Review and Planned Development-Industrial zoning approval to authorize construction of an approximately 372,500 square foot warehouse/distribution building, with ancillary assembly and 29,000 square feet of office uses, on an approximately 19.1-acre site. The proposed building is approximately 45 feet tall with height variations that drop certain wall panels to approximately 41 feet and architectural accents that reach 49 feet. The project provides 295 parking spaces, which are distributed north and west of the building, near the site entries. The project also provides parking for 49 trailers and loading docks for 50 tractor-trailers. The loading docks are located on the north and south elevations, where the projecting portions of the building, screen walls, and landscape will screen the docks from the street. Public improvements include extension of utilities and installation of street frontage improvements. Frontage improvements include new curb, gutter, and sidewalk on Voyager Street, new frontage landscape and a multi-use trail along Jack London Boulevard, and new landscape along Isabel Avenue.
. Location: Southwest quadrant of Jack London Boulevard and Isabel Avenue Site Area: 19.1± acres
. Applicant: Jack London Blvd & Isabel Ave LLC
. Application Numbers: Site Plan Design Review (SPDR) 18-002 and Planned Development-Industrial (PD-I) 18-002
. Public improvements: Public improvements include extension of utilities and installation of street frontage improvements. Frontage improvements include new curb, gutter, and sidewalk on Voyager Street, new frontage landscape and a multi-use trail along Jack London Boulevard, and new landscape along Isabel Avenue.
. Zoning: Planned Development (PD)
. General Plan: Business and Commercial Park (BCP)
. Historic Status: None
. CEQA: A Mitigated Negative Declaration under the provisions of the California Environmental Quality Act (CEQA) will be considered.
Recommendation: The Planning Commission and staff recommended the City Council approve the proposed industrial development by:
1. Adopting a resolution adopting and certifying the Mitigated Negative Declaration;
2. Introducing an ordinance approving and adopting Planned Development - Industrial (PD-I) 18-002; and
3. Adopting a resolution approving Site Plan Design Review (SPDR) 18-002 subject to conditions.
Senior Planner Benjamin Murray presented the staff report and responded to clarifying questions from the City Council. Darren Kenney, Vice President, Investment Officer, Prologis; and Mike Powell, Director of Business Development, RK Logistics Group, presented an overview of the project.
Mayor Marchand opened the public hearing.
Nicole Shapiro, Livermore, expressed concerns regarding noise from the loading docks and impacts on the view from her house.
Fernando Estrada, Business Manager, Laborers Union, spoke in support of the project on behalf of union members.
Jose Aguirre, Livermore, spoke in support of the project.
Evan Branning, Livermore, supported the project, union labor, and local labor; he suggested clear signage for pedestrians and coordinating with Caltrans.
Brian Werner, Alameda County Sheet Metal Workers 104, spoke regarding responsible community growth and supported the project.
Michael Bland, Livermore, expressed concerns relating to noise during early hours and regarding view impacts.
John Stein, Livermore, spoke in support of the project; he suggested landscaping to prevent graffiti and to mitigate noise.
There were no more speakers and the hearing was closed.
The City Council discussed additional landscaping and noise limits, including restricting single-point noise levels to 55 decibels at the residential property line between the hours of 10:00 pm and 7:00 am. Mr. Powell confirmed that the applicant was willing to look at the restrictions and to work with the City.
In response to questions by VM Carling regarding the relationship between sound and the dip in the sound wall along State Route 84, City Manager Marc Roberts said staff had not looked at that particular path of noise travel.
CM Munro said she was impressed with the support for the project from across the community; she suggested addressing the State Route 84 sound wall separately and noted that the warehouse project was designed to mitigate noise.
CM Coomber supported bringing jobs to Livermore and supported the project with the additional noise restrictions.
CM WOERNER MOVED APPROVAL OF THE PROJECT WITH AN ADDITIONAL RESTRICTION ON SINGLE-POINT NOISE AND IMPROVED WALL LANDSCAPING; MOTION SECONDED BY CM COOMBER.
VM Carling noted the applicant's willingness to work with the community to address concerns. He said there had been noise from other projects but the City and applicant had worked to address those concerns.
In response to clarification by City Manager Marc Roberts, the City Council confirmed that landscaping surrounding the trail was not being added as a project condition.
THE MOTION CARRIED ON A 5-0 VOTE AND THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS AND INTRODUCED THE FOLLOWING ORDINANCE:
Resolution 2019-017 adopting a Mitigated Negative Declaration and certifying the environmental document to adopt Planned Development-Industrial zoning and approve Site Plan Design Review to construct the Prologis Distribution Center, an approximately 372,500 square foot industrial building containing warehouse, distribution, light assembly, and office uses (Planned Development-Industrial 18-002, Site Plan Design Review 18-002).
Ordinance introduced establishing development standards for the Planned Development-Industrial (PD-I) District 18-002 and amending the Zoning District Map of the City of Livermore.
Resolution 2019-018 approving Site Plan Design Review 18-002.
6. MATTERS FOR CONSIDERATION - NONE
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 Committee (PAPCO) CM Coomber noted that he had been unable to attend the February meeting.
East Bay Community Energy (EBCE) CM Munro said she attended her first Board of Directors meeting as Livermore's appointee to EBCE.
City Council Subcommittee on Homelessness CM Munro reported that she and VM Carling had met with staff regarding an upcoming public meeting on homelessness issues.
In response to questions by CM Munro, Police Chief Michael Harris said the creek cleanup on March 18, 2019 was not a homeless raid; rather, property owners were being assisted with debris cleanup at the arroyo. He said the Police Department's homeless liaison team was notifying the nearby homeless population and working with service providers to meet with them in advance.
League of California Cities (LOCC) East Bay Division CM Munro said she had been appointed to the League's Community Services Committee and would be meeting with Assemblymember Rebecca Bauer-Kahan.
East Bay Community Energy (EBCE) The City Council directed staff to prepare an informational memorandum on what the cost would be for the City to opt into EBCE's Renewable 100 service option.
East Bay Community Energy (EBCE) In response to questions by CM Munro regarding providing information to residents regarding EBCE, City Manager Marc Roberts said the City could utilize it's website to direct people to EBCE.
Climate Change Referring to climate change suggestions submitted by Mr. Rainey during public comment, the City Council directed staff to prepare an informational memorandum on policy options.
Restructuring City Council Agenda CM Munro noted that people often left the Council meeting before hearing the City Council's response to their comments. In response to questions from the City Council regarding restructuring the agenda, City Attorney Jason Alcala said the City Council would be reviewing their Rules of Procedure in April and could consider changing their agenda structure at that time.
Citizen Involvement in Plan Updates The City Council directed staff to prepare an informational memorandum with options for obtaining citizen input for plan updates such as the Downtown, South Valley, and North Livermore plans.
Senate Bill 767 CM Woerner noted that Senator Glazer had introduced a new bill relating to the Alameda-Tesla Expansion Area; Mayor Marchand confirmed that the City was submitting a letter of support.
Stopwaste.org VM Carling said he attended the meeting on February 14, 2019.
City Council Goals and Priorities VM Carling said he attended the workshop on February 19, 2019.
Planning Commissioner Interviews VM Carling said he attended the Planning Commissioner interviews on February 21, 2019.
Post Office Crosswalks The City Council directed staff to prepare an informational memorandum regarding the post office crosswalks referred to by Ms. Nielson during public comment.
Valley Link Mayor Marchand said he attended the meeting on February 13, 2019; there were discussions regarding funding sources and the hybrid connection from River Islands to the Dublin/Pleasanton BART station.
Alameda County Mayors Conference Mayor Marchand said he attended the conference on February 13, 2019 where there was a presentation on the impacts of opioid addiction on local agencies.
Centennial Birthday Mayor Marchand said he attended the centennial birthday celebration of Estaline Wilson on February 15, 2019.
Granada High School Groundbreaking Mayor Marchand said on February 20, 2019 he attended the ceremony for Granada High School's athletic complex.
Livermore-Amador Valley Water Management Authority (LAVWMA) Mayor Marchand said on February 20, 2019 he attended the meeting.
First Responders Appreciation Day Mayor Marchand said on February 23, 2019 he attended the event hosted by Shadow Puppet Brewing Company in support of first responders.
ADJOURNMENT - at 9:26 pm to a regular City Council meeting on Monday, March 11, 2019 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.
JOHN P. MARCHAND, MAYOR
SARAH BUNTING, CITY CLERK