Livermore City Council Meeting - July 22, 2019

 

CALL TO ORDER / PLEDGE OF ALLEGIANCE

PROCLAMATIONS AND PRESENTATIONS

CITIZENS FORUM

CONSENT CALENDAR

PUBLIC HEARINGS

MATTERS FOR CONSIDERATION

PUBLIC HEARINGS 5.04

ADJOURNMENT


CITY COUNCIL


JULY 22, 2019

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

2.

PROCLAMATIONS AND PRESENTATIONS

2.01 Livermore Baseball Little League Intermediate World Series Team Recognition.

Mayor Marchand presented certificates to the Livermore Little League team.

3.

CITIZENS FORUM

Asa Strout supported transparency in government and political discourse; he said Better Livermore had banned people from participating in its online forum.

David Kent supported the existing Downtown Plan and said the central park plan initiative had numerous legal defects.

Mayor Marchand reiterated the rules of procedure relating to public comment and asked the audience to refrain from disorderly conduct.

Darcie Kent supported the existing Downtown Plan and said Livermore voters had overwhelmingly supported the City Council in the 2018 election.

Dave Finster, Livermore Stockmen's Rodeo Association, opposed the central park plan initiative and supported the existing Downtown plan.

Sheila Fagliano, Livermore Stockmen's Rodeo Association, opposed the central park plan initiative and supported the existing Downtown plan.

Evan Branning supported Livermore's ban of flavored vaping products; he supported prioritizing people over parking in the Downtown.

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

Steven Dunbar, Livermore, supported alternatives to building an additional parking garage in the Downtown.

Don Staysa, Livermore Stockmen's Rodeo Association, opposed the central park plan initiative; he proposed the unnamed small park in the Downtown project be named "Veteran's Park."

Dawn Argula, Livermore Valley Chamber of Commerce, opposed the central park plan initiative; she supported the existing Downtown plan and the City's outreach process.

Karl Wente spoke regarding democracy and coming together as a community.

Allie Felker spoke regarding false statements made by signature gatherers for the central park plan initiative; she supported the existing Downtown plan.

Paula Campbell, Livermore, supported the City's tobacco-related ban and spoke regarding the work of the Flavors Hook Kids community group.

Jeff Kaskey disagreed with statements made by the City Council at the prior meeting regarding the Downtown process, saying the comments were dishonest.

Mary Perner, on behalf of Jannell Gladden, supported the City's tobacco-related ban and opposed the referendum to overturn the ordinance.

Kyoko Takayama, Livermore, thanked the City Council for opting into carbon-neutral levels of service in the East Bay Community Energy's program; and supported the City's tobacco-related ban.

Mayor Marchand spoke regarding journalistic integrity and expressed concerns that he had been misquoted by The Independent regarding his comments made at the July 8, 2019 City Council meeting.

In response to Mr. Kaskey's comment about which organization Karl Wente had represented on the Downtown Steering Committee during the community outreach for the Downtown project, VM Carling noted that Mr. Wente had represented the Livermore Valley Winegrowers group.

4.

CONSENT CALENDAR

Mayor Marchand invited public comment.

Item 4.01 Karl Wente expressed appreciation to staff for their work.

Item 4.04 Laning Thompson, Interfaith Housing, spoke regarding the need for affordable housing; she supported the item and the existing Downtown plan.

Item 4.05 Maxine Brookener, Interfaith Housing, expressed concerns regarding the potential impact of the central park plan initiative petition.

CM Munro noted that items on the Consent Calendar were necessary and important to the work of the City; she thanked staff for their work and the community for providing the means to make the work happen.

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

4.01 Resolution 2019-114 authorizing the City Manager to approve the final disposition and execute all documents, including but not limited to the Purchase and Sale Agreements in a form acceptable to the City Attorney, necessary to sell the following City-owned units located in the Station Square development in accordance with the previously approved Disposition Plan: 153 Gillette Place #106, 161 North L Street #103, and 1921 Depot Drive #113.

4.02 Resolution 2019-115 accepting public improvements and all remaining offers of dedication for permanent maintenance and releasing of security bonds for Tract 8121 (Shea Sage).

4.03 Resolution 2019-116 authorizing execution of an additional $138,000 in change orders, in a cumulative amount not to exceed $276,800, with Urban Waterproofing, Inc. to perform additional repairs for the Livermore City Hall and Police Building Exterior Insulation and Finishing System Repair, Project No. 2015-16.

4.04 Resolution 2019-117 authorizing execution of an amendment to the exclusive negotiating rights agreement with Satellite Affordable Housing Associates and Interfaith Housing, Inc. for development of the Pacific Avenue Multi-family Housing Site (an approximately 3.6 acre portion of APN 099-950-008-02).

4.05 Resolution 2019-118 authorizing execution of the second amendment to the agreement to convey real property with the Mario Pedrozzi Scholarship Foundation; authorizing disposition of the approximately 0.011 acre parcel identified as Parcel 4 on Parcel Map 10485 for the Chestnut Square project to the Mario Pedrozzi Scholarship Foundation; and authorizing execution of any additional documents necessary for the Chestnut Square Project.

4.06 Resolution 2019-119 authorizing execution of an agreement with Dyett & Bhatia, in the amount of $175,000, for updating the Isabel Neighborhood Specific Plan and associated environmental document and preparing a Supplemental Environmental Impact Report.

4.07 Resolution 2019-120 authorizing execution of a two-year agreement with Alameda County Resource Conservation District, in an amount not to exceed $300,000, with a two-year extension option for a total contract amount not to exceed $600,000, for implementing the City Stream Maintenance Program.

4.08 Resolution 2019-121 appropriating $77,000 in Airport Funds from Fiscal Year 2018-19 to Fiscal Year 2019-20 for the Airport Hangars Painting, Phase 1, Project No. 2013-17; and authorizing execution of an agreement with D&H Painting, in an amount not to exceed $105,248, for the project.

4.09 Resolution 2019-122 authorizing execution of an agreement with Sandstone Environmental Engineering, Inc., in an amount not to exceed $372,270, for the Airport Terminal Building Demolition, Project No. 2015-11.

4.10 Resolution 2019-123 authorizing the City Manager to award a construction contract to the lowest responsive and responsible bidder, in an amount not to exceed $400,000 and in substantial conformance with the draft contract, for the Stream Maintenance Permit Annual Projects, Project No. 2013-23.

4.11 Resolution 2019-124 authorizing the City Manager to award a construction contract to the lowest responsive and responsible bidder, in an amount not to exceed $600,000 and in substantial conformance with the draft contract, for the 2018-19 Permanent Storm Damage Repairs, Project 2017-26.

4.12 Resolution 2019-125 appropriating $200,000 in Solid Waste & Recycling Impact Fee Funds from Fiscal Year 2018-19 to Fiscal Year 2019-20 for the 2019 Street Resurfacing, Project No. 2019-01; and authorizing the City Manager to award a construction contract to the lowest responsive and responsible bidder, in an amount not to exceed $3,200,000 and in substantial conformance with the draft contract, for the project.

5.

PUBLIC HEARINGS

5.01 Hearing to receive protests related to the annual fire hazard abatement program and confirmation of the 2019 fire hazard abatement assessments for collection on the County Assessor tax roll.

Recommendation: Staff recommended the City Council consider all protests, and if Council found appropriate, adopt a resolution overruling protests and confirming the 2019 weed abatement assessments and direct staff to file a certified copy of the assessment report with the County Assessor.

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

Resolution 2019-126 adopting a resolution overruling protests and confirming the 2019 weed abatement assessments and direct staff to file a certified copy of the assessment report with the County Assessor.

5.02 Hearing to consider adopting a resolution establishing fees for City services. The fee resolution consolidates new, existing, increased, and decreased fees into one document.

Recommendation: Staff recommended the City Council adopt the resolution adopting a Master Fee Schedule and superseding Resolution Nos. 2008-123 and 2015-023.

Administrative Services Director Douglas Alessio presented the staff report.

Mayor Marchand opened the public hearing.

One speaker, who did not give a name, commented that the conditional use permit fee was difficult for small businesses and churches; he suggested lowering the fee for some users.

There were no more speakers and the hearing was closed.

Mayor Marchand noted that the fees represented actual costs. In response to questions by CM Woerner, CDD Director Paul Spence said the conditional use permit was a full-recovery fee. In response to comments made during the public hearing, the City Council directed staff to prepare a memorandum regarding Conditional Use Permits.

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 2019-127 establishing fees for City services. The fee resolution consolidates new, existing, increased, and decreased fees into one document.

MAYOR MARCHAND REORDERED THE AGENDA TO HEAR ITEM 6.01 AND ITEM 6.02 IMMEDIATELY FOLLOWING ITEM 5.02.

6.01 Resolution of Necessity authorizing the initiation of eminent domain proceedings to acquire a portion of real property located at 2216 Railroad Avenue which is necessary for the construction of a 275-stall parking structure.

Recommendation: Staff recommended the City Council, after making the appropriate findings, adopt the resolution.

City Engineer Cheri Sheets presented the staff report.

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

Resolution 2019-128 to determine the necessity to acquire a portion of property by eminent domain for the construction of the proposed I Street Parking Structure Project; to authorize commencement of litigation to acquire property by eminent domain; and to seek an order of possession (Code of Civil Procedure Section 1245.220).

6.02 Resolution authorizing the partial implementation of the Housing and Human Services Organizational Assessment effective July 23, 2019, and approving supplemental appropriations necessary for the additional staffing costs.

Recommendation: Staff recommended the City Council adopt the resolution.

Administrative Services Director Douglas Alessio presented the staff report.

Mayor Marchand invited public comment.

Greg Scott, Livermore, said solving homelessness was not just a matter of resources; he supported results and thinking differently regarding the issue.

Mayor Marchand noted ongoing coordinated efforts to address homelessness.

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 2019-129 adopting partial implementation of the Housing and Human Services organizational assessment and authorizing a supplemental appropriation of funds in FY 2019-20 and FY 2020-21.

5.03 Hearing to consider adopting a resolution establishing a new fee for the tobacco retailer license. The Tobacco Retailer License permit implements an ordinance introduced by the City Council on June 24, 2019, regulating tobacco product sales, requiring the licensure of tobacco retailers, and amending the Livermore Municipal Code to add a new Chapter 5.50, Tobacco. The second reading of the ordinance occurred on July 8, 2019, and the ordinance will take effect on August 8, 2019.

. 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 establishment of a new fee for the Tobacco Retailer License is not a project subject to the California Environmental Quality Act.

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

MAYOR MARCHAND CONFIRMED THAT ITEM 5.03 WAS CONTINUED TO THE ADJOURNED REGULAR MEETING OF JULY 29, 2019.

5.04 Hearing to authorize execution of a Development Agreement (DA19-001) with PresidioCo East Bay, LLC and/or 2205 Railroad Ave, LLC to develop a three-story, approximately 135-room boutique hotel on the southeast corner of South Livermore Avenue and Railroad Avenue.

. Location: 2205 Railroad Avenue

. Applicant: Presidio Companies and 2205 Railroad Ave, LLC

. Application Number: Development Agreement (DA) 19-001

. Public improvements: To be determined

. Site Area: 1.4± acres

. Zoning: DSP (Downtown Specific Plan)

. General Plan: DA (Downtown Area)

. Historic Status: None

. CEQA: Recommend finding the environmental impacts of the project were analyzed by, and the project is consistent with, the 2019 Addendum to the Downtown Specific Plan 2009 Supplemental Environmental Impact Report.

Recommendation: Staff recommended the City Council:

1. Direct staff to file a Notice of Determination consistent with the provisions of the California Environmental Quality Act; and

2. Introduce an ordinance authorizing execution of a development agreement for a downtown hotel.

Planning Manager Steve Stewart and Assistant Planner Tricia Pontau presented the staff report.

In response to questions by CM Coomber regarding the opening date of the hotel, Rakesh Patel from Presidio Companies confirmed he was fine with the opening date proposed by the item.

THE CITY COUNCIL RECESSED FROM 8:50-9:05 PM.

Mayor Marchand opened the public hearing.

Tamara Reus, Livermore, Proponent of the Central Park Plan Initiative, supported the central park plan initiative and opposed adopting Item 5.04.

Rich Buckley, Livermore, supported expanding the City Council from five to seven members; he supported the central park plan initiative.

Chris Chandler, Livermore Valley Winegrowers Association, spoke in support of the existing Downtown plan and adopting Item 5.04.

John Marrion, Livermore, spoke in support of the existing Downtown plan and adopting Item 5.04.

Asa Strout, Livermore, spoke in support of the existing Downtown plan and adopting Item 5.04.

Bill Dunlop, Livermore, Citizens for a Livermore Central Park Committee, supported the central park plan initiative and opposed adopting Item 5.04.

Johnna Thompson, Livermore, supported the central park plan initiative and opposed adopting Item 5.04.

David Kent spoke in support of the existing Downtown plan and adopting Item 5.04.

Tom Ramos opposed adopting Item 5.04.

Jan Brovant supported the central park plan initiative and opposed adopting Item 5.04.

Darcie Kent spoke in support of the existing Downtown plan and adopting Item 5.04.

Jean King supported the central park plan initiative and opposed adopting Item 5.04.

Ian O'Leary, Livermore Valley Winegrowers Association, spoke in support of the existing Downtown plan and adopting Item 5.04.

Sally Dunlop supported the central park plan initiative and opposed adopting Item 5.04.

Kathy Streeter spoke in support of adopting Item 5.04 and read a letter of support on behalf of Jim Schmidt.

Clark Streeter spoke in support of adopting Item 5.04.

William Daum, Livermore, supported the central park plan initiative and opposed adopting Item 5.04.

Dick Ryon, Livermore, supported the central park plan initiative and opposed adopting Item 5.04.

Jeffrey Sinsheimer, attorney representing Friends of Livermore and Citizens for a Central Park, said the City could not legally proceed with adopting Item 5.04 under California's constitution.

City Attorney Jason Alcala said Mr. Sinsheimer's statements were incorrect. In response to questions by CM Woerner, Mr. Alcala confirmed that the City Council was not prevented from moving forward with the development agreement. He said the initiative had no effect until it was voted into effect by the people. VM Woerner said there was confusion regarding the difference between an initiative and a referendum.

Linda Milanese supported the central park plan initiative and opposed adopting Item 5.04.

Ben Barrientos, speaking also on behalf of Ann Lopez, supported the central park plan initiative and opposed adopting Item 5.04.

Jim Perry, Livermore, spoke in support of the existing Downtown plan and adopting Item 5.04.

Donna Cabanne supported the central park plan initiative and opposed adopting Item 5.04.

Evan Branning spoke in support of the existing Downtown plan and adopting Item 5.04.

Rachael Snedecor, Livermore Downtown Inc., spoke in support of the existing Downtown plan and adopting Item 5.04.

Liz Roberts, Livermore School of Dance, spoke in support of the existing Downtown plan and adopting Item 5.04.

Rose Ramos spoke in support of the central park plan initiative.

Doris Ryon, Livermore, speaking also on behalf of Barbara Soules, supported the central park plan initiative and opposed adopting Item 5.04.

Maxine Brookner, Livermore, expressed concerns about lack of transparency from The Independent regarding funding behind the central park plan initiative.

Jeremy Troupe-Masi, Livermore, spoke in support of the existing Downtown plan and adopting Item 5.04.

Jan Allan-Daum supported the central park plan initiative and opposed adopting Item 5.04.

Maryann Brent supported the central park plan initiative and opposed adopting Item 5.04.

Collin Cranoor spoke in support of the existing Downtown plan and adopting Item 5.04.

Denise Leddon supported the central park plan initiative and opposed adopting Item 5.04.

Steve Larranaga, Livermore, Livermore Chamber of Commerce, supported the existing Downtown plan and adopting Item 5.04.

Beth Wilson, Livermore, supported the existing Downtown plan and adopting Item 5.04.

Jacob Vital supported the existing Downtown plan and adopting Item 5.04.

Dawn Argula, Livermore Valley Chamber of Commerce, supported the existing Downtown plan and adopting Item 5.04.

Mony Nop, Livermore, supported the existing Downtown plan and adopting Item 5.04.

Larry Dino, Livermore, spoke in support of the existing Downtown plan and approving Item 5.04.

Lisa Tromovitch, Livermore, spoke in support of the existing Downtown plan and approving Item 5.04.

Sherri Souza, Livermore, Livermore Chamber of Commerce, spoke in support of the existing Downtown plan and approving Item 5.04.

Lynn Naylor, Innovation Tri-Valley Leadership Group (ITV), said she and ITV supported the existing Downtown plan and approving Item 5.04.

Michael Fredrich spoke in support of the central park plan initiative and opposed adopting Item 5.04

Anna Lim read a statement on behalf of Walter Davies in support of Joan Seppala; Ms. Lim supported the initiative and opposed adopting Item 5.04.

Karl Wente supported the existing Downtown plan and approving Item 5.04.

Doug Mann supported the central park plan initiative and opposed adopting Item 5.04.

Michael Ferrucci, Livermore, supported the central park plan initiative and opposed approving Item 5.04.

Steve Goodman, Livermore, supported the existing Downtown plan and approving Item 5.04.

Mike Allen, Livermore, supported the existing Downtown plan and approving Item 5.04.

Loretta Kaskey supported adopting the central park plan initiative and spoke regarding the history of other initiatives in Livermore.

ON THE MOTION BY VM CARLING, SECONDED BY CM COOMBER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL VOTED TO COMPLETE ITEM 5.04 AND CONTINUE THE REMAINDER OF ITEMS TO AN ADJOURNED REGULAR MEETING ON JULY 23, 2019 AT 7:00 PM IN THE COUNCIL CHAMBER, 3575 PACIFIC AVENUE, LIVERMORE.

Allie Felker supported the existing Downtown plan and approving Item 5.04.

Tom O'Neill said the initiative process was the democratic process.

Alexandra Henkelman supported the existing Downtown plan and approving Item 5.04.

Pamela Alejandra supported the existing Downtown plan; she said the Spanish-speaking community was not being represented.

Jeff Kaskey supported the central park plan initiative and opposed approving Item 5.04.

Drew Felker supported the existing Downtown plan and approving Item 5.04.

Lynn Seppala supported the central park plan initiative and opposed approving Item 5.04.

Travis Fisher supported the existing Downtown plan and approving Item 5.04.

There were no more speakers and the hearing was closed.

THE CITY COUNCIL RECESSED FROM 11:05-11:13 PM.

The City Council asked questions of staff. In response, Mr. Alcala confirmed that approving the hotel development agreement was not illegal and did not annul the rights of voters to vote on the initiative. He noted that referending the development agreement would be a separate action. Regarding the number of public supporting the west-side hotel location during the Downtown outreach, Community Development Director Paul Spence said that 50% had supported the west side, 34% had supported the east side, and 16% had been undecided.

The City Council discussed the item and public testimony.

CM Coomber expressed frustration regarding the initiative and referendum processes, noting that he had originally voted for the west-side location but supported the consensus of the City Council. He said other issues needed to be addressed but couldn't be due to the constraints of the processes. He supported moving forward.

CM Munro spoke regarding the importance of historical perspective; she said Don Miller had opposed developers because he saw them as interested in themselves and not in the good of the community. She spoke regarding Mr. Miller's integrity and said she aspired to model after him. CM Munro expressed support for the item. She spoke regarding her analysis of data relating to the Downtown plan. She noted the ease of obtaining signatures on petitions and said that Measure U had qualified for the ballot in 2018 but had still lost by 80%. She said voting was what mattered, not whether or not someone was a property owner in Livermore.

CM Woerner said it was good to hear from everyone. He said he had analyzed the initiative and believed it was irresponsible.

In response to questions by CM Woerner regarding whether staff had any contact with the hotelier referenced in Mr. Kaskey's remarks at the July 8, 2019 City Council meeting, City Manager Marc Roberts confirmed that Director of Innovation and Economic Development Adam Van de Water had spoken to the hotel developer. Mr. Van de Water said after much discussion, the hotelier had indicated that he would not be interested in pursuing the project at this time. Mr. Van de Water said the hotelier had been under the impression that Livermore did not have a viable option. He said that he had been connected to the hotelier through Ms. Seppala.

In response to questions by the City Council, Mr. Patel said that misinformation had been given to a senior executive from Mariott regarding Presidio's ability to complete the project; he confirmed the agent had been told that Presidio had withdrawn. Mr. Patel confirmed that his firm was a billion-dollar real estate developer and was fully capable of completing the wine country hotel at the Bankhead. CM Woerner said he would characterize spreading false rumors as malicious.

CM Woerner said he had been lied to by signature gatherers and agreed that just because one could lie to get signatures it didn't mean the population agreed. He expressed concerns regarding the number of false statements. He said the City Council had every right to move forward, had been elected to move forward, and he supported moving forward with the Development Agreement.

VM Carling supported moving forward with the Development Agreement. He spoke regarding the public outreach process and Downtown Steering Committee, saying the intent of the Committee was to collect information from residents, experts, and staff, from which the City Council would make a decision. He said the initiative plan was foreign to the public process and had been drawn by people with uncertain technical background. He disputed claims that the groups represented on the Steering committee had been self-interested, saying diverse people had come together.

Mayor Marchand said that 43,000 voters had not signed the initiative. He spoke regarding traffic impacts from a parking structure versus the hotel on the east side; he noted there had been no financial or traffic-pattern analysis performed on the initiative drawing. He said the City Council had listened to the public and that the community did not want increased housing densities or micro-units. He said the City Council was empowered to get things done in the community and the public wanted more parking, open space, and to protect the town character; they did not want a hotel towering over Blacksmith Square or bulldozing Blacksmith Square. He said the initiative specifically prohibited a hotel on South Livermore Avenue, which was what everyone had agreed on. He expressed concerns at the effort to subvert the hotelier and the attacks on the integrity of the City Council and Eden Housing.

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

Ordinance introduced authorizing execution of a development agreement with 2205 Railroad Ave LLC for the Wine Country Hotel at the Bankhead Project (Development Agreement 19-001).

MEETING ENDED TO CONTINUE TUESDAY JULY 23, 2019 AT 11:53 PM TO THE ADJOURNED REGULAR CITY COUNCIL MEETING ON JULY 23, 2019, 7:00 PM COUNCIL CHAMBERS, 3575 PACIFIC AVENUE, LIVERMORE.
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