Livermore City Council 6/24/2019

 

CALL TO ORDER / PLEDGE OF ALLEGIANCE
PROCLAMATIONS AND PRESENTATIONS
CITIZENS FORUM
PUBLIC HEARINGS / 5.01
PUBLIC HEARINGS / 5.02
PUBLIC HEARINGS / 5.03
MATTERS FOR CONSIDERATION / 6.01
MATTERS FOR CONSIDERATION / 6.02

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

ADJOURNMENT


CITY COUNCIL


JUNE 24, 2019

CLOSED SESSION

CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor John Marchand at 6:03 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. 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 the purchase, sale, exchange, or lease of real property at Assessor's Parcel Numbers 098-0289-018-00, 098-0289-20-00, 098-0289- 002-01, and 098-0289-019-00. The City negotiators may negotiate with David Finster on behalf of the Livermore Stockmen's Rodeo Association. The instructions will concern price and terms of payment.

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.

3. 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 the purchase, sale, exchange, or lease of real property for the premises behind the Ale House that is the subject to a license agreement with the City dated May 20, 2014, consistently of approximately 1,072 square feet (Assessor's Parcel Numbers 097-0001-028-02 and 098-0289-021-00). The City negotiators may negotiate with Ron Witherspoon on behalf of the Ale House. The instructions will concern price and terms of payment.

4. Conference with Real Property Negotiator. To meet with Helen Ling and David Decoteau, the City's negotiators pursuant to Government Code section 54956.8, regarding the airport restaurant lease agreement approved on April 9, 2018, for a portion of the property located at 680 Terminal Circle, Livermore, California. The City negotiators may negotiate with Sanjeev Malhotra and Harmail Chatha on behalf of SAAB13, LLC. The instructions will concern the terms and conditions of the agreement and whether any changes should be made.

5. 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)

6. Anticipated Litigation. To meet with the City Attorney 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 and pursuant to § 54956.9(e)(3) due to the receipt of written communication from a potential plaintiff threatening litigation. A redacted copy of the communication is available for public inspection pursuant to Government Code section 54957.5.

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REGULAR MEETING

1.

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 reported two actions taken in Closed Session:

Closed Session Item No. 2 - As a term for the negotiations for the hotel, the City Council authorized the City Manager to prepare a letter, on behalf of the City as the property owner for the properties listed in the description for Item 2, to allow Presidio Companies, LLC and/or 2205 Railroad Avenue LLC to apply to the City for a development agreement pursuant to Livermore Development Code Chapter 9.04 and Government Code section 65864, et. seq.

Closed Session Item No. 6 - Announcement pursuant to Government Code section 54957.1(a)(1)(A). The City Council authorized the City Attorney to execute a settlement agreement on behalf of the City with John D. Winer and his client Jane Doe, in the amount of $650,000, to resolve the claim associated with Mr. Winer's letter dated February 13, 2019. A copy of the letter is, and the settlement agreement will be, on file in the City Attorney's Office.

The Mayor reordered the agenda to hear Item 5.01, followed by Item 5.03, followed by concurrent consideration of Items 5.02 and 6.02, followed by Item 6.01.

2.

PROCLAMATIONS AND PRESENTATIONS

2.01 Community Asset Management Program Annual Update.

Community Asset Management Program committee Chairperson Susan Frost presented the annual update.

3.

CITIZENS FORUM

Greg Scott, Livermore, spoke regarding issues relating to homelessness in Livermore.

Mary Perner, Livermore, spoke in support of a local Lights for Liberty event to end human detention camps; she invited the City Council to speak at the event.

Carrie Oldes, Spectrum Community Services, spoke regarding the Meals on Wheels program and the upcoming Feed the Need fundraiser for senior citizens.

Marielle Evans, CityServe of the Tri-Valley, spoke regarding her organization's efforts to serve the community by leveraging the larger network of resources.

Connie Kopps, Livermore, spoke about her business ideas for StopWaste; she suggested moving StopWaste meetings to Livermore.

Karl Wente expressed appreciation and spoke regarding good government.

4.

CONSENT CALENDAR

ON THE MOTION OF CM WOERNER, SECONDED BY CM MUNRO, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

4.01 Approval of draft minutes - June 10, 2019 regular City Council meeting.

4.02 Adoption of Ordinance 2086 amending the Planned Development - El Charro Specific Plan - Regional Commercial Zoning District to incorporate the Republic Square Sign Standards. (Planned Development 18-005 and Master Sign Program 18-001)

4.03 Resolution 2019-085 authorizing execution of a three year agreement with West Coast Arborists, Inc. in an amount not to exceed $375,000, to perform tree and shrub pruning and maintenance services; and authorizing execution of up to two two-year extensions.

4.04 Resolution 2019-086 authorizing issuance of a purchase order to L.N. Curtis and Sons, in an amount not to exceed $325,000, for purchase of materials and supplies in support of daily operations for the Livermore-Pleasanton Fire Department Joint Powers Authority for Fiscal Year 2019-20.

4.05 Resolution 2019-087, 2019-088, 2019-089, 2019-090, 2019-091, and 2019-092 authorizing execution of two-year agreements to provide on-call plan check review and development engineering review services, in individual amounts not to exceed $200,000, with the following companies: 1. SNG & Associates 2. Gil's Consulting 3. Daniel B. Valiao 4. East Bay Municipal Consulting 5. Akashee Engineering 6. P/A Design Resources, Inc.

4.06 Resolution 2019-093 adopting a program and protocols to manage polychlorinated biphenyls (PCBs) in building materials based on the Bay Area Stormwater Management Agencies Association Model, authorizing promulgation of policies and procedures to manage the PCB program, and finding that the PCB program is exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15308.

4.07 Resolution 2019-094 authorizing application for, and receipt of, Senate Bill 2 Planning Grant Funds, in the amount of $310,000, for the Isabel Neighborhood Specific Plan.

4.08 Resolution 2019-095 by four-fifths (4/5) vote declaring that the failure of the existing police evidence freezer is an emergency requiring its immediate removal and replacement in order to preserve evidence and safeguard life, health, or property in accordance with Municipal Code Sections 2.68.550 and 2.68.040, and Public Contract Code Sections 20168 and 22050; finding that an emergency exists which will not permit a delay resulting in a competitive solicitation for bids for the Police Evidence Storage Freezer, Project No. 2018-045; and authorizing execution of contracts necessary to procure equipment, services, and supplies to remove and replace the freezer.

4.09 Resolution 2019-096 approving the City of Livermore Salary Plan as of July 8, 2019 in accordance with California Code of Regulations, Title 2, Section 570.5.

4.10 Resolution 2019-097 authorizing execution of an agreement with Innovative Claims Solutions, in an amount not to exceed $122,678, for third-party administration services for the City's self-administered workers' compensation program in Fiscal Year 2019-20.

5. PUBLIC HEARINGS

5.01

PUBLIC HEARINGS / 5.01

Consider amending Section 6.02.030, Density Bonuses, of the Livermore Development Code to update sections relating the applicability, land donation, child care facilities, condominium conversions, and modified parking standards to be consistent with recent State law changes.

. Location: Citywide

. Site Area: Not applicable

. Applicant: City of Livermore

. Application Number: Development Code Amendment (DCA) 18-007

. Public improvements: Not applicable

. Zoning: Various

. General Plan: Various

. Historic Status: Not applicable

. CEQA: A 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 introduce an ordinance certifying the environmental document and approving Development Code Amendment (DCA) 18-007.

Special Projects Coordinator Susan Frost presented the staff report.

In response to VM Carling, Ms. Frost said the density bonus changes were more applicable in larger cities and that was one reason they were not widely utilized in Livermore.

CM Munro noted the high level of income necessary to qualify for low-income housing.

In response to CM Woerner, Community Development Director Paul Spence said the City was actively involved with a range of projects to bring units for a variety of income levels; he said staff expected additional resources from the State for homelessness and subsidized housing. City Manager Marc Roberts said staff would be providing information to the City Council regarding staffing levels in the Housing and Human Services Division to approach the issues from all levels.

Mayor Marchand opened the public hearing.

Connie Kopps, Livermore, supported thinking about the item further and bringing it back later.

There were no more speakers and the hearing was closed.

ON THE MOTION OF CM WOERNER, SECONDED BY CM MUNRO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCE:

Ordinance introduced certifying the environmental document and approving Development Code Amendment (DCA) 18-007.

Mayor Marchand reordered the agenda to hear Item 5.03.

5.03

PUBLIC HEARINGS / 5.03

Hearing to confirm the annual levy of assessments for the City's Landscape Maintenance Districts for Fiscal Year 2019-20.

Recommendation: Staff recommended the City Council conduct a public hearing for the confirmation of the annual levy of assessments for the City's Landscape Maintenance Districts for Fiscal Year 2019-20; and upon closure of the hearing, recommended the City Council adopt a resolution confirming the annual levy of assessments for the City's Landscape Maintenance Districts and directing actions with respect thereto for Fiscal Year 2019-20.

Management Analyst Sean Prevette presented the staff report.

Mayor Marchand opened the public hearing.

Connie Kopps, Livermore, expressed concerns regarding fire hazards at the former Springtown Golf Course due to dry conditions.

In response to questions by Mayor Marchand regarding responsibility for the former Springtown Golf Course land, City Manager Marc Roberts said the City was the property owner and mowed the edges to reduce fire hazards.

There were no more speakers and the hearing was closed.

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

Resolution 2019-098 confirming the annual levy of assessments for the City's Landscape Maintenance Districts and directing actions with respect thereto for Fiscal Year 2019-20.

Mayor Marchand reordered the agenda to consider Items 5.02 and 6.02 concurrently.

5.02

PUBLIC HEARINGS / 5.02

Hearing to consider amending the Municipal Code to add Chapter 5.50, Tobacco Retail Licensing. The proposed ordinance includes, but is not limited to, requiring all retailers of tobacco and tobacco related products to obtain a Tobacco Retailer's License (TRL), City-wide ban on the sales of all flavored tobacco products and electronic delivery devices, as defined in the ordinance, and ban the sales of all tobacco products within 1,000 feet of sensitive receptors, as defined in the ordinance.

. Location: City-wide

. Site Area: Not applicable

. Applicant: City of Livermore

. Application Number: Municipal Code Amendment (MUNI) 19-003

. Public improvements: None

. Zoning: Various

. General Plan: Various

. Historic Status: Not applicable

. CEQA: The proposed Municipal Code Amendment is not a project subject to the California Environmental Quality Act.

Recommendation: Staff recommended the City Council introduce an ordinance adopting Municipal Code Amendment 19-003 to add new Chapter 5.50, Tobacco Retail Licensing, to the Municipal Code to regulate tobacco and related product sales.

Special Projects Coordinator Susan Frost presented the staff report.

6.02

MATTERS FOR CONSIDERATION / 6.02

Intergovernmental Committee and Las Positas College joint agency resolution in support of tobacco-free and vaping-free schools and community.

Recommendation: Staff recommended the City Council adopt a resolution acknowledging and supporting the Intergovernmental Committee resolution adopted in partnership with Las Positas College.

Deputy City Manager Christine Martin presented the staff report.

Mayor Marchand opened the public hearing and invited concurrent public comment on Item 6.02.

Michael Robrahn said minors should not have access to nicotine or tobacco and expressed concerns regarding the item's impacts on adults.

Amy Pack, American Heart Association, supported the proposed ordinance.

Mary Perner, Livermore, supported stringent regulations against vaping products.

Brian Davis, Alameda County Tobacco Control Coalition, spoke regarding the pervasiveness of vaping products in high school.

Serena Chen, Alameda County Tobacco Control Coalition, spoke regarding the history of smoke-free laws and supported the item.

Adriana Del Cid supported the proposed ordinance.

Brent Siler, Livermore, expressed concerns regarding enforcement and impacts on businesses. He supported banning flavored tobacco but not vaping devices.

Davita Hart, Livermore, supported the proposed ordinance.

Cyrus Malekzadeh opposed the proposed item and expressed concerns regarding impacts on adults.

Stefan Didak, Oakley, opposed banning flavored vapor products and expressed concerns regarding impacts on adults.

Anastasia Darretta left the meeting without speaking, but submitted a speaker card noting her opposition to the item.

Alex Gul, Livermore, suggested penalizing businesses selling products to minors rather than banning the products.

Mark Gordon, The Cave Downtown, spoke regarding his cigar store and suggested exempting premium tobacco products from the ordinance.

Evan Branning, County Public Health Commission (CPHC), said the CPHC supported the ordinance; he shared his experiences with student vaping as a schoolteacher.

Randy Uang, Breathe California, supported the proposed ordinance with an emphasis on preventing youth smoking.

Audrey Abadilla, Breathe California and Alameda County Tobacco Control Coalition, spoke in support of the proposed ordinance.

Heather Hammer, United Methodist Church, supported the ordinance as a measure to limit the problem of youth addiction.

Jannell Gladen, Flavors Hook Kids Livermore, submitted postcards from residents expressing concern regarding the issue of youth vaping; she supported the proposed ordinance.

Mike Frank, Livermore, spoke in support of the proposed ordinance.

Kristie Wang, Livermore, displayed numerous vaping products confiscated from high school students and supported the proposed ordinance.

Paula Campbell, Livermore, expressed concerns regarding youth vaping and read excerpts from a letter previously submitted to the City Council by students.

Linda L. expressed concerns regarding the impacts of the proposed ordinance on legal adult users; she supported regulation rather than elimination.

Ausim Ali expressed concerns regarding the impact of the proposed ordinance on his business and adult users. He supported more stringent regulations and an impact study.

THE CITY COUNCIL RECESSED FROM 9:01-9:14 PM.

Ashna Pattanayak, Livermore, spoke regarding her experience as a high school student with the accessibility of e-cigarettes.

Jen Grand-Lejano American Cancer Society Cancer Action Network, spoke in support of the proposed ordinance, including banning menthol cigarettes.

Rosalyn Moya, Alameda County Tobacco Control Coalition, spoke in support of the proposed ordinance.

Liz Williams, Americans for Nonsmokers' Rights, spoke in support of the proposed ordinance. She recommended not transferring licenses when businesses were sold.

Tracey Andrews, Alameda County Tobacco Control Coalition, expressed concerns regarding the tobacco industry marketing products to youth and supported the item.

Limairy Rodriguez, Alameda County Tobacco Control Coalition, supported the item and spoke regarding the tobacco industry's targeting of youth and minorities.

Nathan Subramanian, Alameda County Tobacco Control Coalition, supported implementing minimum price and package sizes for tobacco products.

Alexandra Hernandez, Alameda County Tobacco Control Coalition, supported the item and read statistics relating to youth and tobacco.

Rachel Gratz-Lazarus, Alameda County Tobacco Control Coalition, spoke against the tobacco industry and supported the item.

Mike Ali, Livermore, expressed concerns regarding the proposed ordinance's impacts on his business, saying he did not sell to minors.

Josh spoke regarding vaping as a method to decrease smoking; he said there was not a youth vaping epidemic.

Daniel Ramirez expressed concerns regarding the proposed ordinance's impacts on businesses and employees; he opposed the ban.

Scott Vernoy, Livermore Valley Joint Unified School District, spoke regarding the increase of tobacco and vaping products in schools and supported the item.

There were no more speakers and the hearing was closed.

In response to questions by the City Council, City Attorney Jason Alcala said the prohibition focused on flavored tobacco, vaping devices, and vaping fluid, rather than pack size. He said the ordinance would prohibit transferring tobacco retail licenses unless they were arms-length transactions; he said existing businesses would be grandfathered into the program, provided that they did not violate the ordinance

The City Council expressed support for the ordinance.

In response to questions by VM Carling, Police Lieutenant Jason Boberg said that underage use of tobacco products was illegal; he said targeting juveniles would not solve the problem but was a component of enforcement. Mr. Alcala said studies performed by other agencies had determined that if tobacco was one of many products sold in a convenience store, the impact was not as significant as when tobacco was the only product sold.

VM Carling noted that sales tax revenue to the City from establishments that primarily sold tobacco products was approximately $43,000.

ON THE MOTION OF VM CARLING, SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCE:

Ordinance introduced adopting Municipal Code Amendment 19-003 to add new Chapter 5.50, Tobacco Retail Licensing, to the Municipal Code to regulate tobacco and related product sales.

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

Resolution 2019-099 acknowledging and supporting the Intergovernmental Committee resolution adopted in partnership with Las Positas College

6. MATTERS FOR CONSIDERATION

6.01

MATTERS FOR CONSIDERATION / 6.01

Appointment of Council Members to the City Council Subcommittee on Advisory Bodies for the period of July 1 - December 31, 2019.

Recommendation: Staff recommended the Mayor appoint two Council Members to serve on the City Council Subcommittee on Advisory Bodies for the period of July 1 - December 31, 2019.

Mayor Marchand invited public comment; there were no speakers.

CM MUNRO AND CM WOERNER WERE APPOINTED TO THE SUBCOMMITTEE.

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

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

Relay for Life CM Coomber and Mayor Marchand said they attended the event at Granada High School in support of the American Cancer Society.

Air Quality Monitoring and Mitigation Group CM Munro noted the grassroots group's efforts to prepare and submit a grant.

Farmer's Market CM Munro and CM Woerner reported their attendance at the farmer's market in an effort to be more accessible to Livermore residents.

League of California Cities (LOCC) CM Munro said she attended an event as the Community Services representative to hear a legislative update and a presentation on an educational model for children in need.

Reading at Library CM Munro said she would be reading with children and meeting with parents at the Library over the summer.

East Bay Community Energy (EBCE) CM Munro said she attended an EBCE meeting and reported that Livermore would have windmills for power generation.

Lights for Liberty CM Munro said she planned to support the Lights for Liberty program scheduled for July 12, 2019.

City Council Subcommittee on Advisory Bodies CM Woerner said he participated in the Subcommittee's interview session to select advisory body members.

Livermore Amador Valley Transit Authority (LAVTA) CM Woerner said he attended the Projects and Services Committee meeting.

StopWaste VM Carling said he attended a meeting on June 13, 2019. In response to questions by Ms. Kopps during public comment, he said he hadn't heard of her proposal to StopWaste and he did not believe the organization's meetings would move to Livermore.

Tri-Valley-San Joaquin Valley Regional Rail Authority Mayor Marchand said on June 12, 2019 he attended the Board of Directors meeting where the Valley Link feasibility report was reviewed.

Alameda County Mayors' Conference Mayor Marchand said on June 12, 2019 he attended the conference in Emeryville.

Aircraft Owners and Pilots Association (AOPA) Mayor Marchand said he attended the event that was held June 21-22, 2019.

Livermore Valley Performing Arts Center (LVPAC) Liaison In an effort to improve communication between the City Council and the LVPAC board, Mayor Marchand appointed CM Woerner as the City Council's liaison to the LVPAC board.

8.

ADJOURNMENT

- at 10:17 pm to a regular City Council meeting on Monday, July 8, 2019 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

SARAH BUNTING, CITY CLERK