Livermore City Council 7/23/2019

 

PUBLIC HEARINGS 5.05

MATTERS FOR CONSIDERATION 6.03

COUNCIL COMMITTEE REPORTS AND MATTTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS

ADJOURNMENT


CITY COUNCIL


JULY 23, 2019

7:00 PM

COUNCIL CHAMBERS

3575 PACIFIC AVENUE
LIVERMORE, CA 94550

ADOURNED REGULAR MEETING

________________________________________________________________

CALL TO ORDER - The July 23, 2019 adjourned regular City Council meeting was called to order by Mayor John Marchand at 7:02 pm, in the Council Chambers, 3575 Pacific Avenue, Livermore, California.

ROLL CALL - Present: Mayor John Marchand, Vice Mayor Robert Carling, and Council Members Bob Coomber and Bob Woerner. Council Member Trish Munro arrived at 9:48 pm.

Acting City Attorney Gabrielle Janssens noted that CM Munro was not present because she had recused herself from discussion, deliberation, and voting on Item 5.05.

PUBLIC HEARINGS 5.05 CONTINUED FROM THE JULY 22, 2019 CITY COUNCIL MEETING.

5.05 Hearing to adopt resolutions authorizing negotiation of Development Agreements in regards to terms, permitted land uses, intensity of development, building heights, provisions for public uses, amenities, and performance schedules with: 1. Red Bear Property Management Inc. for commercial uses (DA19-002); 2. Livermore Science and Society Center for a science and society center (DA19-004); 3. Eden Housing for residential workforce housing (DA19-005); and 4. Shakespeare's Associates, Inc. dba Livermore Shakespeare Festival for a black box theater (DA19-003).

. Location: Southeast corner of Railroad Avenue and L Street

. Applicants: Eden Housing, Livermore Science Society Center, Shakespeare's Associates dba Livermore Shakespeare Festival, and Red Bear Property Management Inc.

. Application Numbers: Development Agreements (DAs) 19-002 through 19-005

. Public improvements: To be determined

. Site Area: 6.8± acres

. Zoning: DSP (Downtown Specific Plan)

. General Plan: DA (Downtown Area)

. Historic Status: None

. CEQA: Not a project as defined by CEQA per Section 21065.

Recommendation: Staff recommended the City Council:

1. Adopt a resolution authorizing negotiation of a Development Agreement with Red Bear Property Management Inc. for commercial uses (DA19-002).

2. Adopt a resolution authorizing negotiation of a Development Agreement with Livermore Science and Society Center for a science and society center (DA19-004).

3. Adopt a resolution authorizing negotiation of a Development Agreement with Eden Housing for residential workforce housing (DA19-005).

4. Adopt a resolution authorizing negotiation of a Development Agreement with Shakespeare's Associates, Inc. dba Livermore Shakespeare Festival for a black box theater (DA19-003).

Planning Manager Steve Stewart presented the staff report.

Mayor Marchand opened the public hearing.

Tamara Reus, Livermore, Proponent, Central Park Plan Initiative, supported the central park plan initiative and opposed adopting Item 5.05.

Jean King, Livermore, supported the central park plan initiative and opposed adopting a development agreement with Eden Housing; she read comments on behalf of Linda Milanese.

Doris Ryon, reading on behalf of Vic Avila, supported open space and opposed the item.

Maryann Brent, Livermore, supported the central park plan initiative and opposed adopting Item 5.05.

William Dunlop, Chairperson, Citizens for a Central Park Committee, supported the central park plan initiative and opposed adopting Item 5.05.

Johnna Thompson, Livermore, supported the central park plan initiative and opposed adopting Item 5.05.

Richard Ryon supported the central park plan initiative and opposed adopting Item 5.05.

Jeffrey Sinsheimer, Friends of Livermore and the Citizens for a Central Park, said adopting Item 5.05 would be unconstitutional.

Ben Barrientos supported the central park plan initiative and opposed adopting Item 5.05.

Donna Cabanne, Livermore, supported the central park plan initiative and opposed adopting Item 5.05.

Rachael Snedecor, Livermore Downtown Inc., supported the existing Downtown plan and spoke in support of adopting Item 5.05.

Laura Batti, Livermore, Livermore Shakespeare Festival, supported the existing Downtown plan and spoke in support of adopting Item 5.05.

Denise Leddon, Livermore, supported the central park plan initiative and opposed adopting Item 5.05.

Dawn Argula, Livermore Valley Chamber of Commerce, supported the existing Downtown plan and spoke in support of adopting Item 5.05.

Jan Brovant, Livermore, supported the central park plan initiative and opposed adopting Item 5.05.

JoAnn Acero, Livermore, speaking on behalf of Lanning Thompson and herself, supported affordable housing and adopting Item 5.05.

Steve Larranaga, Livermore, Sandia Labs Federal Credit Union, Livermore Valley Chamber of Commerce, supported the existing Downtown plan and spoke in support of adopting Item 5.05.

Andrea Osgood, Eden Housing, spoke regarding Eden Housing's work and supported adopting Item 5.05.

In response to questions by Mayor Marchand regarding statements made by signature gatherers for the initiative petition that he and the City Council had received money from Eden Housing, Ms. Osgood confirmed that Eden Housing was a nonprofit organization and did not make any political contributions.

Michael Fredrich, Livermore, spoke in support of the central park plan initiative and opposed adopting Item 5.05.

Karl Wente expressed appreciation for civil discourse and concerns regarding misinformation from those supporting the central park plan initiative.

Loretta Kaskey, Livermore, said adopting the central park plan initiative did not preclude the City Council from negotiating with its partners.

Brook Witherspoon, Livermore, First Street Alehouse, supported the existing Downtown plan and spoke in support of adopting Item 5.05.

Dennis O'Brien spoke in support of Livermore Science and Society Center and adopting Item 5.05.

Elizabeth Trudner, Livermore Shakespeare Associates, spoke on behalf of herself and Bryan Balazs in support of adopting Item 5.05.

Vaughn Draggoo, Livermore Science and Society Center (LSSC), spoke in support of LSSC and read a supportive statement on behalf of Monika Witte.

Kathy Streeter, reading on behalf of Donna Blevins, supported adopting Item 5.05.

Jeff Kaskey said he supported the organizations involved with the development agreements; he supported the central park plan and opposed adopting Item 5.05.

Gary Driefuerst, Livermore, Livermore Science and Society Center, spoke in support of LSSC and adopting Item 5.05.

Monya Lane, Livermore Science and Society Center, spoke in support of LSSC and adopting Item 5.05.

Alan Burnham, Livermore Science and Society Center, spoke in support of LSSC and adopting Item 5.05.

Carol Gerich, Livermore, spoke in support of the existing Downtown plan and adopting Item 5.05.

Lynn Naylor, Innovation Tri-Valley (ITV), said she and ITV supported the existing Downtown plan and adopting Item 5.05.

Darcie Kent spoke in support of the existing Downtown plan and supported adopting Item 5.05.

David Kent spoke in support of the existing Downtown plan and supported adopting Item 5.05.

Clark Streeter spoke in support of the existing Downtown plan and supported adopting Item 5.05.

Linda Tinney, Livermore, spoke in support of the existing Downtown plan and supported adopting Item 5.05.

Elizabeth Judge, Livermore, spoke in support of the central park plan initiative and opposed adopting Item 5.05.

Brent Siler, Livermore, said the community was divided on the Downtown and he supported the community coming together.

Mony Nop, Livermore, spoke in support of the existing Downtown plan and supported adopting Item 5.05.

Amy Pittel, reading on behalf of Kathy Streeter, supported the existing Downtown plan and adopted Item 5.05.

Harpreet Singh Judge, Livermore, spoke in support of adopting Item 5.05.

Travis Fisher spoke in support of adopting Item 5.05.

There were no more speakers and the hearing was closed.

The City Council asked numerous questions of staff. In response, Acting City Attorney Gabrielle Janssens confirmed that it was legal for the City Council to adopt the item. City Manager Marc Roberts spoke regarding the effect of the initiative if it were adopted, noting that zoning would be permanently changed until altered by a vote of the people. He confirmed that the initiative did not approve entitlements for specific projects. Mr. Stewart said the 222 units at the Groth Brothers site were market-rate units.

CM Woerner said the Groth Brothers site was not part of the discussion and bringing it in added confusion. He said there was confusion about the last referendum; the referendum had been about zoning rather than a plan, and the initiative was the same. He said the initiative changed the zoning and did not appropriate funds for any project. He spoke regarding delays if the initiative were passed and said a lot of what was happening was about getting nothing done. He suggested that staff prepare a memorandum with information regarding initiatives, referenda, zoning, and plans.

In response to questions by VM Carling, Community Development Director Paul Spence confirmed that the land in the northwest corner of the catalyst site had been purchased with approximately $15 million of low-income housing funds; the 140 units on Pacific Avenue relieved $10 million of the housing requirement on the Downtown site. City Manager Marc Roberts said there were a number of questions around the proposed 84 units of housing in the initiative. Mr. Spence said the initiative proposed to increase the density on Pacific Avenue up to 55 units to the acre.

CM Woerner said the housing component was complicated and noted the complexity of the financing. He spoke regarding legal requirements, financial perspectives, and moral obligations relating to housing. He said the City's plan was a compromise between competing viewpoints for housing; he said the 130 units were more than the legally required 84 units, were financially good for the City, and were morally good.

CM Coomber spoke regarding failure to understand why the City Council wanted to move forward; he said he didn't like divisiveness and got along with everyone. He supported moving forward and said he would not be intimidated into slowing down the town's future.

In response to questions by Mayor Marchand, Mr. Spence confirmed that the City had not been approached by anyone bringing a hotel since the RFP in 2015. Mayor Machand said if anyone had a proposal or wanted to bring a project to Livermore, they would have approached the City.

VM Carling expressed appreciation for the public testimony. He noted that the central park plan had the science center on the edge of the site, the black box theater's stage redesigned away from the theater, and housing moved away and downsized at higher densities than that proposed by the existing plan. He supported adopting Item 5.05.

CM Woerner spoke regarding promises to the Stockmen's Association and he supported moving forward to negotiate with potential partners on the development agreements to fulfill the promises. He said it was disrespectful to put housing in the middle of the parking lot behind the First Street businesses. He said the City's plan was good and well-thought out with balanced priorities. He supported moving forward with the project.

Mayor Marchand spoke at length regarding the item and public testimony. He noted that the central park plan had evolved over the past year and had changed almost on a weekly basis. He said there was no financial analysis in the initiative plan. He spoke regarding the BART initiative being supported by the same group of people while being opposed by 80% of the community. He expressed concerns regarding LVPAC's leadership trying to manipulate the electorate into something they didn't want. He spoke regarding evolution of requests for an additional theater in the Downtown and asked whether the community wanted to fund a 299-seat theater and oversized conference center. He spoke regarding the community coming together throughout the outreach process and the 19 stakeholders on the Downtown Steering Committee.

ON THE MOTION OF CM WOERNER, SECONDED BY VM CARLING AND CARRIED ON A 4-0 VOTE (CM MUNRO RECUSED), THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:

Resolution 2019-130 authorizing negotiation of a Development Agreement with Red Bear Property Management Inc. for commercial uses (DA19-002).

Resolution 2019-131 authorizing negotiation of a Development Agreement with Livermore Science and Society Center for a science and society center (DA19-004).

Resolution 2019-132 authorizing negotiation of a Development Agreement with Eden Housing for residential workforce housing (DA19-005).

Resolution 2019-133 authorizing negotiation of a Development Agreement with Shakespeare's Associates, Inc. dba Livermore Shakespeare Festival for a black box theater (DA19-003).

THE CITY CONCIL RECESSED FROM 9:35 PM - 9:48 PM. CM MUNRO JOINED THE MEETING WHEN IT RECONVENED AT 9:48 PM.

5.06 Hearing to obtain citizens' views on the approval of the Homeless Emergency Aid Program (HEAP) whereby the City of Livermore will enter into a Memorandum of Understanding with the cities of Pleasanton and Dublin to administer and represent the three Cities as the Fiduciary Agent for the Regional County HEAP Funds; enter into a HEAP Services Agreement with the County of Alameda as the Fiduciary Agent for Regional HEAP Funds; enter into a HEAP Services Agreement with the County of Alameda for City of Livermore HEAP Funds; and enter into agreements with providers and community partners to provide identified services.

Recommendation: This item was continued to the adjourned regular meeting of July 29, 2019.

The item was continued to the adjourned regular meeting of July 29, 2019.

6.

MATTERS FOR CONSIDERATION 6.03

6.03 City support of Senate Bill 47, Initiative, referendum and recall petitions: disclosures; and discussion and direction on other legislative items.

Recommendation: Staff recommended the City Council consider the attached letter of support for Senate Bill 47, authorize the Mayor to sign on Council's behalf, and direct staff to submit the letter of support via the California Legislature Advocates Portal, and provide direction on other legislative items.

Deputy City Manager Christine Martin presented the staff report.

Mayor Marchand invited public comment.

Karl Wente, Livermore, spoke regarding misinformation and supported transparency.

In response to questions by Mayor Marchand, Acting City Attorney Gabrielle Janssens said the City Council had the ability to craft local ordinances and staff could prepare more information. The City Council directed staff to prepare information on whether a local ordinance could accomplish the same objectives as Senate Bill 47 and Assembly Bill 1451.

The City Council expressed support for the letter of support for Senate Bill 47 and Assembly Bill 1451 and discussed the importance of transparency. CM Munro noted the subversion of the petition process by big money and said more accountability was needed.

ON THE MOTION OF CM MUNRO, SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL DIRECTED STAFF TO SUBMIT LETTERS OF SUPPORT FOR SENATE BILL 47 AND ASSEMBLY BILL 1451.

7.

COUNCIL COMMITTEE REPORTS AND MATTTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS

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

Livermore Civic Center Meeting Hall Ribbon-Cutting The City Council reported their attendance at the event in honor of Dr. John Shirley on July 13, 2019.

Backyard Uses The City Council directed staff to prepare information regarding the City's options to address backyard uses that could be disruptive to neighbors, such as batting cages.

Tri-Valley Transportation Council (TVTC) CM Munro said she attended the meeting where there was discussion regarding upcoming projects.

East Bay Community Energy (EBCE) CM Munro said she attended an EBCE meeting.

Modes of Transportation Downtown CM Munro suggested and received concurrence from the City Council for staff to prepare information for future discussion regarding alternative methods of transportation in the Downtown such as shuttles, rideshares, bike or scooter share programs, and infrastructure improvements, including information on the cost of parking compared to other modes of transportation.

Legal Challenge of Initiative Petition CM Woerner requested, with concurrence by the City Council, preparation of information regarding options for legal challenges to the central park initiative petition.

Naming of Public Park In response to Mr. Staysa's proposal during Citizen's Forum for the unnamed public park in the Downtown to be named "Veteran's Park," the City Council directed staff to include the naming of the park in the negotiation of the related housing development agreement.

Signature Gatherers The City Council directed staff to prepare information regarding options for dealing with violations of the Elections Code by signature gatherers.

City Council Subcommittee on Initiatives CM Woerner suggested creating a subcommittee to consider drafting initiatives such as preventing wasting taxpayer dollars on an unneeded parking garage and designating the land south of Veteran's Way for parking. Mayor Marchand appointed CM Woerner and CM Munro to an ad-hoc subcommittee on initiatives; he suggested the Subcommittee also consider an initiative on density in the Downtown.

Community Monitor Committee VM Carling said he attended the meeting on July 10, 2019 where a new Community Monitor was selected.

Stopwaste.org VM Carling said he attended the meeting July 11, 2019.

Ross Dress for Less Ribbon-Cutting VM Carling said he and Mayor Marchand attended the event.

National Night Out VM Carling said he, CM Munro, and Mayor Marchand attended the kick-off event for National Night Out to be held August 6, 2019.

Alameda County Mayors Conference Mayor Marchand said he attended the conference on July 17, 2019 where there were presentations on Berkeley's navigation center for the homeless and a countywide mattress recycling program.

Regional Meeting on Homelessness Mayor Marchand said he attended the meeting on Monday, July 22, 2019.

Veterans Way Mayor Marchand announced the ceremony in honor of opening Veterans Way on July 28, 2019.

Livermore Civic Center Meeting Hall Community Open House Mayor Marchand announced an upcoming community open house for the emergency operations center and new council chamber facility on September 7, 2019.

8.

ADJOURNMENT - at 10:31 pm to the adjourned regular City Council meeting on July 29, 2019 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore; and to a regular City Council meeting on September 9, 2019, at 6:30 pm for the Summer Reading Program Awards, immediately followed by the regular City Council business meeting, at the Livermore Civic Center Meeting Hall, 1016 S. Livermore Avenue, Livermore. The August 12, 2019 regular City Council meeting has been cancelled.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

SARAH BUNTING, CITY CLERK