Livermore City Council 8/10/2020

 

CALL TO ORDER / PLEDGE OF ALLEGIANCE

PROCLAMATIONS AND PRESENTATIONS

CITIZENS FORUM

CONSENT CALENDAR

PUBLIC HEARINGS

MATTERS FOR CONSIDERATION

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

ADJOURN TO CLOSED SESSION

REPORT ACTION TAKEN IN CLOSED SESSION

ADJOURNMENT


CITY COUNCIL


August 10, 2020

________________________________________________________________

REGULAR MEETING

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.

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

2.

PROCLAMATIONS AND PRESENTATIONS

2.01 Livermore Area Youth Advisory Commission Annual Update

Chair Madeline Lovdahl and Youth Commissioner Denica Bellucci presented the annual update.

3.

CITIZENS FORUM

Comments received via YouTube

Mony Nop thanked Livermore's youth for volunteering their time and giving back to the community.

4.

CONSENT CALENDAR

Item 4.02 was removed from the Consent Calendar for separate discussion and action.

ON THE MOTION OF CM COOMBER, SECONDED BY VM WOERNER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 4.02.

City Attorney Jason Alcala presented the staff report.

In response to questions from VM Woerner, Mr. Alcala stated that creating an exemption for premium tobacco products would make enforcement more difficult.

In response to questions from VM Woerner, Chief Harris stated that the City is currently approximately 98% compliant regarding enforcement.

Mayor Marchand invited public comment.

Comments Received Over Zoom:

Item 4.02 Mark Gordon stated that the minimum pricing presented would prevent retailers from selling at a reasonable price point and send customers to other vendors.

Item 4.02 Amaya Wooding spoke against the effects of tobacco and encouraged the Council to consider the negative impact to youth when adopting ordinances.

Item 4.02 Brian Davis (SFPHF) encouraged Council to remove all flavored tobacco products from Livermore.

Item 4.02 Liz Williams encouraged Council not to exempt premium tobacco products from Livermore's flavored tobacco law.

Item 4.02 Jan Grand-Lejano urged Council not to exempt any tobacco products from the flavored tobacco law.

Item 4.02 Kristie Wang encouraged Council not to create a premium tobacco exemption that could create a loophole for tobacco retailers.

Item 4.02 Rachel Gratz-Lazarus expressed appreciation for the existing policy and urged Council not to create a premium tobacco exemption.

Item 4.02 Mary Perner requested Council maintain the existing Tobacco Retailers License (TRL) without exemptions.

Item 4.02 Aditya Indla spoke in support of a comprehensive tobacco policy and urged Council not to allow a premium tobacco exemption.

Item 4.02 Annie Tegen spoke in support of the existing TRL and against the proposed exemptions.

Item 4.02 Rosalyn Moya spoke against the proposed exemptions stating that allowing an exemption would make enforcement challenging and create unintentional loopholes.

Item 4.02 Scott Halfon urged Council to maintain the existing Tobacco Retailer License (TRL) Ordinance with no exemptions to keep youth safe.

Item 4.02 Karen Halfon spoke in favor of the existing TRL with no exemptions.

Item 4.02 Brittni Kiick urged Council not to create an exemption for premium tobacco products and supported a strong TRL.

Item 4.02 Emily Wilson requested Council not adopt the CBD prohibition stating that it provides medicinal benefits for those who battle cancer, chronic illnesses, etc.

Item 4.02 Jannell Gladen urged Council not to adopt a premium tobacco exemption and expressed concerns related to enforcement issues if exemptions to the TRL were approved.

Item 4.02 *Continued* Liz Williams stated that strong laws would help protect the health of the community.

Item 4.02 Karen G. Moore stated that the premium tobacco shop in Livermore sells to adults only and does not appeal to youth in the community.

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

CM Carling, CM Munro, VM Woerner, and Mayor Marchand spoke in favor of the second Ordinance but not the first Ordinance presented.

THE CITY COUNCIL TOOK THE FOLLOWING ACTION ON ITEM 4.02:

COUNCIL TOOK NO ACTION AND ITEM FAILED - THE FIRST READING OF THE FOLLOWING ORDINANCE WAS NOT APPROVED: Ordinance to exempt premium flavored tobacco products from the ban

ON THE MOTION OF CM CARLING, SECONDED BY CM MUNRO, AND CARRIED ON A 5-0 VOTE, CITY COUNCIL APPROVED THE FIRST READING OF: Ordinance to prohibit the sale of CBD electronic smoking devices and electronic smoking device fluid.

4.01 Introduction of an ordinance amending the Livermore Development Code Part 4 (General to Zones), Chapter 4.06 (Sign Standards), Section 4.06.060 (Signs on Public Property) and Section 4.06.140 (Temporary Signs); and Part 11 (Definitions), Chapter 11.01 (Definitions), Section 11.01.020 (Definitions of Specialized Terms and Phrases)

4.02 Introduction of two ordinances regarding the prohibitions in the Tobacco Retailing Ordinance that prohibits the sale of flavored tobacco, electronic smoking devices, and electronic smoking device fluids:

1. An ordinance to exempt premium flavored tobacco products from the ban, and

2. An ordinance to prohibit the sale of CBD electronic smoking devices and electronic smoking device fluid.

4.03 Resolution 2020-138 authorizing the execution of an agreement with Jacobs Engineering Group for the Water Resources Division Supervisory Control and Data Acquisition System Master Plan Project in an not-to-exceed amount of $498,966.

4.04 Resolution 2020-139 authorizing the execution of an agreement with EverWatt Lights LLC for an LED lighting upgrade at the Airport in an amount not-to-exceed $150,000.

4.05 Resolution 2020-140 authorizing the City Manager to execute the First Amendment to the Ground Lease Agreement with Technology Drive, LLC. for 160 Airway Boulevard.

4.06 Resolution 2020-141 authorizing acceptance for permanent maintenance, release of security, and accepting all real property offered for dedication within Tract Map 8168, Lennar Homes of California Inc. Auburn Grove.

4.07 Resolution 2020-142 summarily vacating portions of existing School Street right-of-way, right-of-way at the corner of Fifth Street and Church Street (Cowboy Alley), and authorizing the City Manager to quit claim these portions of right-of-way no longer needed by the City.

4.08 Resolution 2020-143 approving the update to the City of Livermore Fund Balance Policy.

4.09 Resolution 2020-144 approving the updated Investment Policy and delegating investment authority to the City Treasurer.

5.

PUBLIC HEARINGS

5.01 Hearing to receive and consider all evidence and reports regarding the adoption of the Master Fee Schedule to include new, increased, and decreased fees into one document.

Recommendation: This item was continued to the regular meeting of August 24, 2020.

5.02 Hearing to receive protests related to the annual fire hazard abatement program and confirm the 2020 weed abatement assessments for collection on the County Assessor tax roll.

Recommendation: Staff recommended the City Council consider all protests, and if Council finds appropriate, adopt a resolution overruling protests and confirming the 2020 weed abatement assessments and direct staff to file a certified copy of the assessment report with the County Auditor.

Fire Marshal Ryan Rucker presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

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

Resolution 2020-145 overruling protests and confirming the 2020 weed abatement assessments and direct staff to file a certified copy of the assessment report with the County Auditor.

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.

Emergency Services Director Marc Roberts presented the staff report.

In response to questions from VM Woerner, Mr. Roberts stated that the Alameda County City Manager's Association requested more granular data from Alameda County Health. Alameda County Health stated they would be willing to provide additional information in the next two weeks.

VM Woerner urged staff to gather data quickly so the City can understand the information and create a clear path. He also requested staff take action to enforce compliance and coordinate with Livermore Area Park and Recreation Department.

In response to questions from VM Woerner, Mr. Roberts stated that the City issued a warning citation last week and citations with fines will begin the upcoming weekend. The City has also been working in areas with large groups and large retailers to ensure compliance. He stated that the City is working with LARPD to provide compliance messaging to the community and banners will be going up in downtown encouraging residents to wear masks.

CM Carling requested more signage at the entrance of Livermore encouraging residents to wear masks in the City.

In response to questions from CM Carling, Mr. Roberts stated that when the City receives the base data, staff will reach out to the Labratories to see if they can assist.

In response to questions from Mayor Marchand, Mr. Roberts confirmed it could take the courts time to enforce a mask compliance fine but encouraged compliance among residents.

Mayor Marchand invited public comment.

Comments received via Zoom

Jackie Coda stated that wearing masks prohibits her from reading lips and makes compliance difficult. She encouraged Council not to add additional signage related to wearing masks and urged Council to push back against County Health Officials direction.

Donald Lott spoke in favor of a fine scale for individuals not wearing masks in downtown Livermore.

Brittni Kiick requested the City Council look into mask compliance options for the deaf/hard of hearing community who must read lips.

Comments received via YouTube

Evan B. encouraged residents to wear masks.

Monica Barajas stated that people visiting Monica's restaurant have been very cooperative about wearing masks.

Tri-Valley Restaurant Group requested large public signage to promote mask wearing downtown.

CM Munro requested staff to look into mask alternatives that the City could provide people who are hard of hearing to ensure safety while allowing for lip reading.

CM Munro requested the City Council publish another community letter providing information related to COVID-19. She also requested COVID-19 information be posted to the League of California Cities website.

VM Woerner requested staff return at the next meeting with a proposed program totaling $1-2 million to financially assist local businesses impacted by COVID-19.

CITY COUNCIL RECEIVED THE UPDATE.

6.02 Resolution ratifying the order of the Director of Emergency Services regarding providing Temporary Relief to the Livermore Valley Performing Arts Center from specific operational provisions in the Sublease and Operating Agreement by and between the City of Livermore and the Livermore Valley Performing Arts Center.

Recommendation: Staff recommended the City Council adopt a resolution ratifying the Director of Emergency Services' emergency order, as follows:

Order of the Director of Emergency Services for the City of Livermore providing temporary relief to the Livermore Valley Performing Arts Center from specific operational provisions in the Sublease and Operating Agreement by and between the City of Livermore and the Livermore Valley Performing Arts Center, which shall be known as Order No. 20-6.

Deputy City Manager Christine Martin presented the staff report.

Mayor Marchand invited public comment.

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

CM Coomber spoke in favor of the item.

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

Resolution 2020-146 ratifying the Director of Emergency Services' emergency order, as follows: Order of the Director of Emergency Services for the City of Livermore providing temporary relief to the Livermore Valley Performing Arts Center from specific operational provisions in the Sublease and Operating Agreement by and between the City of Livermore and the Livermore Valley Performing Arts Center, which shall be known as Order No. 20-6.

6.03 Resolution approving the information and determinations in the 2019 Community Services and Infrastructure Report.

Recommendation: The Planning Commission and staff recommend the City Council adopt a resolution approving the information and determinations in the 2019 Community Services and Infrastructure Report.

Special Projects Coordinator Susan Frost presented the staff report

Mayor Marchand invited public comment.

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

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

Resolution 2020-147 approving the information and determinations in the 2019 Community Services and Infrastructure Report.

6.04 Discussion and direction regarding solar facility proposals in East Alameda County and draft Solar Policies for Alameda County and the East County Area Plan.

Recommendation: Staff recommended the City Council discuss and direct staff regarding solar developments in North Livermore.

Special Projects Coordinator Susan Frost presented the staff report.

In response to questions from Mayor Marchand, Mrs. Frost stated that the East County Board of Zoning Adjustments has authority over the project and action can be appealed to the Board of Supervisors.

In response to questions from VM Woerner, Mr. Roberts stated that the County has not adopted comprehensive guidance for industrial grade solar.

Mayor Marchand spoke regarding the need for the County to have a solar policy.

VM Woerner expressed the need for comprehensive planning documents that would provide guidance for the project.

Mayor Marchand invited public comment.

Comments received via Zoom

Merlin Newton Sr. urged Council to request Alameda County complete a comprehensive solar policy prior to allowing the construction of industrial solar plants in Livermore.

Fernando Estrada, Laborers Local 304, stated the project would provide livable wages to local labor and urged Council to approve the project.

Jean King urged Council to reject the project until Alameda County finishes an environmental study and creates a comprehensive plan for solar in the County.

Marisa Mitchell, Intersect Power, (the proponent of the project) provided information related to the project and encouraged those with questions to view the website at intersectpower.com/aramis.

Jeff stated that the project could create a weakness in the urban growth boundary that developers would try to take advantage of and urged Council not to approved the project.

Mark Palajac stated that solar installations should occur in accordance with Livermore's values and that the County should develop a solar installation policy prior to the project being approved.

Sal Parisi, Millwrights Local 102, spoke in support of the project and stated it would provide solar power and jobs for local construction trade workers.

Vincent James Courtney, Laborers Local 304, spoke in support of the project.

Matthew Wardlaw, Millwrights Local 102, spoke in support of the project and the jobs it would create.

David Nelson spoke in support of the project and urged Council to move forward.

Brandon Evans spoke in support of the project and asked Council to let the County complete an environmental report so appropriate measures could be put in place.

Mike Frederich stated the project would eliminate agricultural use of the land and urged Council to express objections to the project to County officials.

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

CM Coomber spoke against using such a large area of land for the project. He stated the impact on wildlife would be significant and urged the City to use rooftops rather than open space.

Mayor Marchand supported sending letter to Alameda County requesting a plan be in place prior to this project moving forward.

CM Carling and CM Munro supported moving forward with the project to prevent delaying it any further.

THE CITY COUNCIL DIRECTED STAFF TO DRAFT A LETTER TO ALAMEDA COUNTY EMPHASIZING SUPPORT FOR A COMPREHENSIVE SOLAR POLICY AS THE COUNTY MOVES FORWARD WITH SOLAR INSTALLATIONS.

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 Cultural Arts Council CM Munro reported her attendance at the August 5, 2020 meeting.

East Bay Community Energy, Marketing, Regulatory, and Legislative Subcommittee, CM Munro reported her attendance at the August 6, 2020 meeting.

Equity and Inclusion Subcommittee CM Munro reported that the City received 45 applications to participate in the committee and stated that it will take some time to process. VM Woerner expressed excitement at the number of applications and stated the subcommittee will interview all applicants. Mayor Marchand stated that this will be a long project that will take some time to achieve real change.

Tiny Homes CM Munro and Mayor Marchand reported that the County announced they will provide some funding for a Tiny Home Village near Crosswinds Church.

Veteran's Park CM Munro and VM Woerner reported a statute will be placed in Veteran's Park.

Creek Visit CM Carling reported his visit to the creek north of Kohl's with the Mayor of Dublin to meet with the Homeless.

Police Chief Recruitment VM Woerner requested staff place the process for hiring the new police chief on the City's website.

Innovation Tri-Valley Vision 2040 Mayor Marchand reported his attendance at the July 28, 2020 meeting.

iGate Mayor Marchand reported his attendance at the board of directors meeting on August 5, 2020.

CLOSED SESSION CALL TO ORDER

Immediately following the regular meeting

________________________________________________________________

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 10:40 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 invited public comment.

There were no speakers and the public comment period 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.)

DL Falk Construction Inc., City of Livermore Civic Center Meeting Hall Project No. 2004-039

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.)

DL Falk Construction Inc., City of Livermore Civic Center Meeting Hall Project No. 2004-039. § 54956.9(e)(2) - Facts and circumstances related to an accident, disaster, incident, or transactional occurrence that might result in litigation against the City and that are known to a potential plaintiff or plaintiffs.

7. REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala stated there was no reportable action.

8.

ADJOURNMENT - at 11:30 pm to a regular City Council meeting on Monday, August 24, 2020 at 7:00 pm, held virtually using Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK