Livermore City Council Meeting - May 13, 2019

 

CALL TO ORDER / PLEDGE OF ALLEGIANCE

PROCLAMATIONS AND PRESENTATIONS

CITIZENS FORUM

CONSENT CALENDAR

PUBLIC HEARINGS

MATTERS FOR CONSIDERATION

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

ADJOURNMENT


CITY COUNCIL
MAY 13, 2019


CLOSED SESSION

CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor John Marchand at 6:02 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. (Two cases)

2. 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.

3. Existing Litigation. To meet with the City Attorney regarding pending litigation pursuant to Government Code section 54956.9(d)(1). Discussion in open session would prejudice the position of the City in litigation. (Three cases)

a. Yearby v. City of Livermore, Alameda County Superior Court Case No. HG16835327

b. BMP Livermore LLC v. City of Livermore, Alameda County Superior Court Case No. RG18901328 and Federal Insurance Company v. City of Livermore, Alameda County Superior Court Case No. RG18913522 (consolidated)

________________________________________________________________

REGULAR MEETING

1.

CALL TO ORDER / PLEDGE OF ALLEGIANCE

- The meeting of the City Council was called to order by Mayor John Marchand at 7:03 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.

2.

PROCLAMATIONS AND PRESENTATIONS

2.01 Proclaiming May 9-19, 2019 as the 23rd Annual East Bay Affordable Housing Week.

Mayor Marchand presented the proclamation to Darin Lounds, Executive Director, Housing Consortium of the East Bay.

2.02 Declaring June 6, 2019 to be a day of thanks and remembrance on the 75th Anniversary of the Battle of Normandy.

Mayor Marchand presented the proclamation to Dr. Deborah McMenamin, Regent, Josefa Higuera Livermore Chapter, National Society, Daughters of the American Revolution.

2.03 Proclaiming June 2019 as Safety Awareness Month.

Mayor Marchand presented the proclamation to Risk Manager Janet Hamilton.

2.04 Proclamation honoring the 100th Anniversary of the Livermore Stockmen's Rodeo Association.

Mayor Marchand presented the proclamation to Dave Finster and Don Staysa of the Livermore Stockmen's Rodeo Association.

2.05 Historic Preservation Commission Annual Update.

Historic Preservation Commission Vice Chair Jeff Williams presented the annual update.

2.06 Confirming advisory body appointees and administration of oath of office to new member:

Beautification Committee

Reappointment of Cathy Norfleet to a regular term ending June 1, 2023

Appointment of Mark Goralka to an unexpired term ending June 1, 2020

Library Board of Trustees

Reappointment of Jennifer Estridge to a regular term ending June 1, 2022

Reappointment of David Struebing to a regular term ending June 1, 2022

ON THE MOTION OF VM CARLING, SECONDED BY CM COOMBER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS.

City Clerk Sarah Bunting administered the oath of office to Mark Goralka.

3.

CITIZENS FORUM

Sue W., Livermore, spoke regarding her experience as a member of the homeless community, expressing concerns about lack of prioritization for veterans and people with illnesses.

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

John Stein, Livermore, opposed Senate Bill 50, noting several concerns regarding the proposed bill.

Karl Wente spoke regarding the process of good government.

4.

CONSENT CALENDAR

Item 4.12 CM Munro suggested that the City find ways to ensure that everyone in Livermore was counted in the census. City Manager Marc Roberts identified efforts made by staff to encourage the community's participation in the census; he said staff would provide an informational memorandum to the City Council for further consideration.

Items 4.03 and 4.06 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 THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEMS 4.03 AND 4.06.

Item 4.03 Jane Martin, Service Employees International Union United Service Workers West (SEIU USWW), opposed Tri-Valley Janitorial Service and Supply, Inc., expressing concerns regarding business practices and lack of unionization.

Item 4.03 Gustavo Accituno, Service Employees International Union United Service Workers West (SEIU USWW), spoke regarding his experience as a union worker in the custodial industry and supported unions.

Item 4.06 Greg Scott, Livermore, spoke regarding funding for issues relating to homelessness.

Item 4.03 In response to questions by the City Council, Mr. Roberts confirmed that staff had conducted a reference check on the proposed contractor for the janitorial agreement and all state and local requirements had been met; he said staff recommended awarding the contract under the existing rules and directing staff to explore consideration of new policies if they wished to do so.

THE CITY COUNCIL DIRECTED STAFF TO PREPARE AN INFORMATIONAL MEMORANDUM REGARDING RULES FOR HIRING CONTRACTORS FOR LOW-SKILLED JOBS.

ON THE MOTION OF VM CARLING, SECONDED BY CM WOERNER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 4.03.

ON THE MOTION OF CM COOMBER, SECONDED BY CM MUNRO, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 4.06.

4.01 Approval of draft minutes - April 22, 2019 regular City Council meeting.

4.02 Resolution 2019-052 authorizing execution of an agreement with Barry & Wynn Architects, Inc., in the amount of $523,640, for engineering services for the Water Reclamation Plant Occupied Buildings, Project No. 2015-19

4.03 Resolution 2019-062 authorizing execution of a three-year agreement with Tri-Valley Janitorial Service and Supply, Inc., in an annual amount not to exceed $560,000, for janitorial services at various City facilities.

4.04 Resolution 2019-053 authorizing execution of an agreement with Swaim Biological, Inc., in an amount not to exceed $500,000, for on-call environmental support services.

4.05 Resolution 2019-054 authorizing execution of a quit claim deed to remise, release, and terminate all rights, title, and interest of the non-exclusive emergency vehicle access easement on the Longard BACC III, LLC property located at 7551 Longard Road; directing the quit claim deed be recorded; accepting an irrevocable offer of dedication; and directing filing the certificate of acceptance with plat and legal with the Alameda County Recorder's Office.

4.06 Resolution 2019-063 authorizing appropriation of Housing and Human Services Grant funds utilizing Community Development Block Grant, HOME Investment Partnerships Program, Social Opportunity Endowment, Housing In-Lieu, and General Funds for Fiscal Year 2019-20 in the estimated amount of $1,133,997; and authorizing execution of all documents related to grant agreements with agencies receiving allocations of funds from the City of Livermore, Alameda County HOME Consortium, and the U.S. Department of Housing and Urban Development.

4.07 Resolution 2019-055 accepting Tract 8290 (The Vineyard Collection) public improvements for permanent maintenance, accepting all real property offered for dedication within Tract Map 8290, including Lomitas Avenue, Terra Bella Court, and a public utility easement; and authorizing release of security. Location: Lomitas Avenue.

4.08 Resolution 2019-056 and 2019-057 amending the exclusive negotiating rights agreements with Livermore Science and Society Center and Shakespeare's Associates, Inc., to extend the negotiating periods from nine months to sixteen and seventeen months, respectively.

4.09 Resolution 2019-058 adjusting Livermore Municipal Airport rates and charges for Fiscal Year 2019-20.

4.10 Resolution 2019-059 vacating public utility easements for Road A; dedicating easements on airport land to the City of Livermore; authorizing execution of all related documents including Parcel Map 10206; and directing filing the resolution of vacation and all easement dedications with legal plats and descriptions and Parcel Map 10206 with the Alameda County Clerk. Location: Former Road A, now known as Livermore Outlets Drive, and along Jack London Boulevard.

4.11 Resolution 2019-060 authorizing execution of the Second Amendment to Memorandum of Understanding with the Alameda County Sheriff's Office, in an estimated amount of $900,000, for operation and maintenance of the East County Animal Shelter for the two-year period of July 1, 2019 to June 30, 2021.

4.12 Resolution 2019-061 recognizing the importance of the 2020 Census and encouraging all residents to be counted.

5.

PUBLIC HEARINGS

5.01 Hearing to consider Downtown Specific Plan Amendments and an Addendum to the Downtown Specific Plan 2009 Supplemental Environmental Impact Report. The proposed amendments align Specific Plan Chapters 5, 7, and 8 with the amendments to Chapters 1, 2, 3, 4, 10, and 11 approved on September 10, 2018 by Resolution No. 2018-154. The proposed revisions also resolve internal conflicts that resulted from the November 26, 2018, adoption of a citizen referendum petition that resulted in changes to portions of Resolution No. 2018-154.

. Location: Downtown Core, Downtown Specific Plan Area

. Site Area: 9.3± acres

. Applicant: City of Livermore

. Application Number: Specific Plan Amendment (SPPA) 18-003

. Public improvements: Includes proposed revisions to public rights-of-way, which will include revisions to the street and utility layout in the Downtown Core.

. Zoning: Downtown Specific Plan (DSP)

. General Plan: Downtown Area (DA)

. Historic Status: None

. CEQA: An Addendum to the Downtown Specific Plan 2009 Supplemental Environmental Impact Report will be considered.

Recommendation: The Planning Commission and staff recommended the City Council:

1. Adopt a resolution approving an addendum to the Downtown Specific Plan 2009 Subsequent Environmental Impact Report; and

2. Adopt a resolution approving Specific Plan Amendment 18-003, amending provisions of the Downtown Specific Plan, and directing staff to file a Notice of Determination consistent with the provisions of the California Environmental Quality Act.

Senior Planner Benjamin Murray presented the staff report.

Mayor Marchand opened the public hearing.

Drew Felker, Livermore, spoke in support of the item.

Allie Felker, Livermore, concurred with Drew Felker's comments.

Jeff Kaskey, Livermore, expressed concerns regarding Downtown parking, supporting increased parking on the east side and asking for clarification regarding the number of proposed spaces.

There were no more speakers and the hearing was closed.

In response to questions by Mayor Marchand, Community Development Director Paul Spence said there would be 260 spaces in the I Street parking garage; he said the hotel applicant was considering alternatives to underground parking but had not submitted their revised application. He confirmed that the L Street garage would serve the black box theater.

CM Woerner noted that parking had been the community's top concern when surveyed and said City Council would ensure that parking was adequate.

In response to questions by the City Council, Mr. Spence said the specific plan amendment would allow public and private parking facilities around K Street on the north side of Railroad Avenue; and said additional parking opportunities in the area were being evaluated. He said there were 505 parking spaces in the L Street Parking Garage.

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

Resolution 2019-064 approving an addendum to the Downtown Specific Plan 2009 Subsequent Environmental Impact Report; and

Resolution 2019-065 approving Specific Plan Amendment 18-003, amending provisions of the Downtown Specific Plan, and directing staff to file a Notice of Determination consistent with the provisions of the California Environmental Quality Act.

5.02 Hearing to approve the Livermore Sanitation, Inc. requested rate adjustment to be effective July 1, 2019.

Recommendation: Staff recommended the City Council approve the rates listed in Exhibit H of the second amended and restated agreement with Livermore Sanitation, Inc. for solid waste, recyclable materials and compostable materials services, effective July 1, 2019.

Public Works Manager Judy Erlandson presented the staff report.

In response to questions by the City Council, Ms. Erlandson said the cost of single-family residential service was approximately $60 per month. She noted that the City had not renewed the contract with the previous hauler because they had not submitted a proposal to continue serving Livermore.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

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 2019-066 approving the rates listed in Exhibit H of the second amended and restated agreement with Livermore Sanitation, Inc. for solid waste, recyclable materials and compostable materials services, effective July 1, 2019.

5.03 Hearing to consider a proposal to subdivide a 4.2± acre site and construct 9 new single-family residences on a new street connecting to Lomitas Avenue. The proposed residences range in size from 3,228± square feet to 3,991± square feet. The proposed lots range in size from 13,585± square feet to 21,264± square feet. The project proposes to remove the existing single-family home, accessory buildings, and vegetation. The new street will also connect to Larry's Place for Emergency Vehicle Access.

. Location: 1648 Lomitas Avenue

. Site Area: 4.2± acres

. Applicant: Jeff Schroeder, Ponderosa Homes

. Application Numbers: Vesting Tentative Tract Map (VTTM) 8471 (SUB18-007), Housing Implementation Program (HIP) 18-001, and Site Plan Design Review (SPDR) 18-014

. Public Improvements: Extension of utilities, including sewer, water, and storm drainage; landscaping; lighting; streets; sidewalk; and curb and gutter.

. Zoning: Suburban Residential (RS)

. General Plan: Urban Low Residential - 2 (UL-2) (allowed density range: 1.5 to 2 units per acre)

. 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:

1. Certify the Mitigated Negative Declaration consistent with the provisions of the California Environmental Quality Act; and

2. Adopt a Resolution approving Housing Implementation Program 18-001, Subdivision 18-007 (Vesting Tentative Tract Map 8471), and Site Plan Design Review 18-014 (collectively, the Project Entitlements), subject to the Conditions of Approval.

Assistant Planner Jake Potter presented the staff report.

Jeff Schroeder, Ponderosa Homes, spoke regarding the project, noting modifications incorporated as a result of community input. In response to questions by VM Carling, he confirmed that the project would fulfill the inclusionary housing requirement by paying the fee.

Mayor Marchand opened the public hearing.

Karen Jefferson, Livermore, expressed concerns regarding traffic and speeding on Lomitas Avenue and asked for traffic calming to be included as part of the development.

Greg Scott, Livermore, spoke regarding societal inequity in relation to the project and expressed concerns regarding water supply.

There were no more speakers and the hearing was closed.

Mayor Marchand noted ongoing efforts regarding water supply, saying water-related problems were bigger than the nine units under consideration.

In response to questions by CM Woerner regarding Ms. Jefferson's comments regarding traffic, Community Development Director Paul Spence said staff could look at adding a speed limit sign in front of the development project; Mr. Potter noted that a temporary speed trailer would be utilized. VM Carling suggested adding signs on both sides of the street. CM Woerner said one sign could be a condition of the development and the City could pursue an additional sign.

CM WOERNER MOVED THE STAFF RECOMMENDATION WITH THE ADDITION OF ONE SPEED LIMIT SIGN.

In response to questions by CM Munro, City Manager Marc Roberts said that speed limit signs were not considered speed or traffic calming devices. He said that speed-calming devices were generally adopted through a community or neighborhood-wide process.

CM Coomber said he appreciated the comments by Ms. Jefferson and said traffic speed on Lomitas Avenue needed to be looked at separately.

ON THE MOTION OF CM WOERNER, SECONDED BY VM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION WITH THE INCLUSION OF ONE ADDITIONAL SPEED LIMIT SIGN ON LOMITAS AVENUE:

Resolution 2019-067 approving Housing Implementation Program 18-001, Subdivision 18-007 (Vesting Tentative Tract Map 8471), and Site Plan Design Review 18-014 (collectively, the Project Entitlements), subject to the Conditions of Approval.

In response to questions by the City Council regarding opportunities to consider additional traffic calming measures on Lomitas Avenue, Assistant City Engineer Bob Vinn said staff was utilizing a consultant to analyze cut-through traffic on neighborhood streets throughout Livermore and would be providing a report to the City Council; Mr. Roberts confirmed that the City Council could provide additional direction or resources at that time.

5.04 Hearing to authorize negotiation of a Development Agreement to secure construction of trail improvements and formalize the intent of the alternative inclusionary affordable housing concept in association with a residential proposal known as the Lassen Road Townhomes; and to authorize concurrent consideration of General Plan Amendment 18-003 and Planned Development Residential (PD-R) 18-003 with Vesting Tentative Tract Map (VTTM) 8454 (SUB18-001), Site Plan Design Review (SPDR) 18-003, and Development Agreement (DA) 18-001. The project proposes to change the General Plan designation of two vacant parcels totaling approximately 35 acres from the existing uses of Low Intensity Industrial, Service Commercial, and Limited Agriculture to Urban Medium High Residential and Open Space for development of 193 townhouse units, including 29 affordable units, and 23 acres of open space.

. Location: Lassen Road, northwest of I-580 and the First Street overpass (APNs: 902 000800202 and 099 002300800)

. Applicant: Adam Tennant, WestGate Ventures

. Application Numbers: Vesting Tentative Tract Map (VTTM) 8454 (SUB18-001); General Plan Amendment 18-003; Planned Development Residential (PD-R) 18-003; Site Plan Design Review SPDR) 18-003; and Development Agreement (DA) 18-001

. Public Improvements: To be determined

. Site Area: 35± acres

. Zoning: PUD (Planned Unit Development) 105-80 & PUD 88-81

. General Plan: LDAG (Limited Agriculture) & SC (Service Commercial)

. Historic Status: None

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

Recommendation: Staff recommended the City Council adopt a resolution authorizing the concurrent review of General Plan Amendment (GPA18-003), Vesting Tentative Tract Map (VTTM) 8454 (SUB18-001), Planned Development Residential (PD-R) 18-003, Site Plan Design Review (SPDR) 18-003, and Development Agreement (DA) 18-001; and authorizing negotiation of terms for a Development Agreement (DA18-001) to be considered by the City Council.

Associate Planner Andy Ross presented the staff report.

In response to questions by CM Munro, Mr. Ross confirmed that the trail under the freeway was for bicycles and pedestrians. CM Coomber noted that the trail would provide safe access to Springtown for people walking or bicycling.

Mayor Marchand opened the public hearing.

Greg Scott, Livermore, suggested focusing on making First Street safe and expressed concerns regarding the project.

Connie Kopps, Livermore, expressed concerns regarding population growth in the area and said the City should look at Springtown holistically.

John Stein, Livermore, supported conducting a detailed Scenic Corridor analysis before considering the project.

There were no more speakers and the hearing was closed.

In response to questions by Mayor Marchand, Community Development Director Paul Spence confirmed that the proposed infrastructure would be paid by the developer rather than the City. He said developer-funded project amenities would be part of the development agreement negotiations to benefit the broader community, including trail extensions allowing North Livermore residents better bicycle and pedestrian access across the freeway.

CM Woerner noted that the item was not authorizing any changes to the Scenic Corridor. Mr. Spence said the project application was consistent with the Scenic Corridor.

In response to questions by CM Coomber regarding responsibility for building an overpass, Mr. Spence said locations were periodically identified and prioritized for bicyclists and pedestrians. He said interchanges were challenging due to cost and coordination with Caltrans. City Manager Marc Roberts said that because bicycle and pedestrian traffic had to cross vehicle traffic, some people would feel uncomfortable due to the speed of the traffic despite adequate lanes, crossings, and sidewalks. He noted that the City's Active Transportation Plan had analyzed improvements to make people more comfortable as well as alternative locations where pedestrians would be separated from traffic.

In response to questions by CM Munro, Mr. Ross said right-of-way for trails on private property would be included in the development agreement negotiations. Mr. Spence said the site had been designated as low-intensity industrial and limited agricultural for a number of years but industrial uses had not been developed because the market did not exist for those types of uses.

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

Resolution 2019-068 authorizing the concurrent review of General Plan Amendment (GPA18-003), Vesting Tentative Tract Map (VTTM) 8454 (SUB18-001), Planned Development Residential (PD-R) 18-003, Site Plan Design Review (SPDR) 18-003, and Development Agreement (DA) 18-001; and authorizing negotiation of terms for a Development Agreement (DA18-001) to be considered by the City Council.

THE CITY COUNCIL RECESSED FROM 9:01-9:13 PM.

5.05 Hearing to receive comments regarding the submission of the Fiscal Year 2019-20 Action Plan for the City of Livermore's Community Development Block Grant (CDBG) activity to the U.S. Department of Housing and Urban Development (HUD). The Annual Action Plan describes how the City will leverage CDBG and other Housing and Human Services Grant Program funding to address needs and meet goals outlined in the City's 2015-2019 Consolidated Plan.

Recommendation: The Human Services Commission and staff recommended the City Council adopt a resolution:

1. Approving the Fiscal Year 2019-20 Annual Action Plan for the HOME Investment Partnership and CDBG Programs and authorizing its inclusion into the Alameda County HOME Consortium report for submission to HUD; and

2. Authorizing execution of all related documents and adjustments to the Action Plan as needed based on actual HUD allocation.

Human Services Program Manager Claudia Young presented the staff report.

VM Carling supported not carrying money over; he said it was important to get money out to serve the people who needed it. In response to questions by Mayor Marchand, Ms. Young confirmed that sometimes funds couldn't be spent because the criteria to spend the funds wasn't available.

Mayor Marchand opened the public hearing.

Greg Scott, Livermore, requested data regarding Abode Housing's coordinated entry services and spoke regarding homelessness issues.

Mayor Marchand spoke regarding efforts regarding homelessness and connecting veterans to benefits and resources to which they were entitled. He said it would take a coordinated effort with the state and federal government.

There were no more speakers and the hearing was closed.

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

Resolution 2019-069 approving the Fiscal Year 2019-20 Annual Action Plan for the HOME Investment Partnership and CDBG Programs and authorizing its inclusion into the Alameda County HOME Consortium report for submission to HUD; and authorizing execution of all related documents and adjustments to the Action Plan as needed based on actual HUD allocation.

6.

MATTERS FOR CONSIDERATION

6.01 Selection of candidates for Planning Commission interviews.

Recommendation: Staff recommended the City Council review applications for the Planning Commission and select candidates for interview at a special City Council meeting on May 30, 2019.

The City Council discussed procedures surrounding the interview and appointment process to fill the Planning Commission vacancy. CM Munro, CM Woerner, and Mayor Marchand supported interviewing the two new candidates and considering the three applicants recently interviewed without requiring a second interview. VM Carling and CM Coomber supported interviewing all five applicants with different interview questions.

ON THE MOTION OF CM WOERNER, SECONDED BY CM MUNRO AND CARRIED ON A 3-2 VOTE (VM CARLING AND CM COOMBER VOTING NO), THE CITY COUNCIL SELECTED PAUL HALVORSEN AND MICHAEL MILLER TO BE INTERVIEWED AT THE SPECIAL CITY COUNCIL MEETING, FOR CONSIDERATION ALONG WITH LORETTA KASKEY, BOB KLUBALL, AND JOHN STEIN, FOR THE PLANNING COMMISSION VACANCY.

6.02 City support of community activities that celebrate diversity.

Recommendation: Staff recommended the City Council provide direction regarding City support of community activities that celebrate diversity.

Deputy City Manager Christine Martin presented the staff report.

Mayor Marchand invited public comment.

Shana Peete, Partners for Change, supported the City Council's efforts and moving forward with support for events such as the Rally for Love.

In response to questions by VM Carling, Ms. Martin clarified that staff envisioned sharing a weekly event notification with the City Council. She said if it were relevant for the Council Member to bring a copy of the inclusiveness proclamation to an event, staff could provide copies.

Mayor Marchand said he was frequently asked to attend and speak at events celebrating Livermore's diversity. He supported minimizing impacts to staff time.

The City Council discussed differences between business-related events and ceremonial and social events relating to diversity.

CM Woerner suggested that Intergovernmental Committee meetings were an appropriate venue to have conversations regarding diversity with the park district, school district, and college. He suggested engaging with the Livermore Area Youth Advisory Commission (LAYAC) and other youth organizations, and providing information online regarding the City's activities in support of diversity.

Mayor Marchand said that faith-based organizations and people without religion should be included in the discussion. CM Woerner asked who the point of contact would be, noting that a subcommittee of two Council Members could be appointed to do that.

CM Munro said that community events were places where the City Council could have discussions and bring people together in a fundamentally different way from engaging with LAYAC and schools.

In response to questions by CM Munro, City Manager Marc Roberts said that workshops were generally a single topic, rather than a regular business meeting where the City Council could participate in a publicly noticed meeting. The City Council discussed workshops and community conversations. CM Woerner said that interactions with the community were stilted at workshops; the objective was for more than two Council Members to be able to have a conversation with the community. CM Munro proposed that the City Council work with the upcoming Rally for Love to moderate a conversation without invoking the Brown Act.

In response to questions by the City Council, City Attorney Jason Alcala clarified the requirements of the Brown Act in relation to ceremonial events versus discussions leading to formal City action; he said the City Council could change public comment rules at special meetings or workshops to have a more expansive dialogue. Mr. Roberts said Council Members could speak about their individual perspectives while being vigilant about collectively coming to decisions.

CM Woerner said he didn't think formally announced meetings were needed; if Council Members were invited to an event, they could attend.

The City Council discussed at length the possibility of posting information online regarding the City's efforts relating to diversity.

IT WAS MOVED BY CM WOERNER AND SECONDED BY CM MUNRO TO PROVIDE INFORMATION ONLINE, INCLUDING THE INCLUSIVENESS PROCLAMATION AND A LIST OF EVENTS IN SUPPORT OF THE CONCEPT.

There was further discussion by the Council. Mayor Marchand called for the vote.

THE MOTION FAILED ON A 2-3 VOTE (MAYOR MARCHAND, VM CARLING, AND CM COOMBER VOTING NO).

The City Council agreed that it would be appropriate to have conversations with the agencies involved in the Intergovernmental Committee meeting.

The City Council agreed that supporting LAYAC's World Cultural Fair was a good idea and that staff had sufficient direction without requiring a motion.

CM Munro said a motion was not needed regarding workshops or town halls. Mayor Marchand noted that he held two town halls a year.

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 Amador Valley Transit Authority (LAVTA) CM Coomber said he attended a Finance and Administration committee meeting in April and a board meeting in May. He reported that LAVTA had been named the California Transit Agency of the Year.

Street Crossing The City Council directed staff to prepare information regarding installing a stop sign at the corner of Third Street and Maple Street. City Manager Marc Roberts confirmed that staff would prepare a memorandum.

City Council Homelessness Subcommittee CM Munro said the subcommittee held two community meetings regarding solutions for homelessness.

Housing Legislation Working Group CM Munro said the working group was addressing concerns regarding housing, transportation, and jobs.

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

Tri-Valley Transportation Commission CM Munro said she attended the meeting.

Air Quality Community Group CM Munro said a group of community stakeholders was being developed to work on air quality issues.

Livermore Police Department Awards CM Munro said she attended the ceremony.

Community Service Day CM Munro said she participated in the event.

Tri-Valley Innovation Fair CM Munro said she attended the event.

Church of Jesus Christ of Latter-day Saints (LDS) Temple CM Munro said on May 9, 2019 she toured the LDS temple in Oakland.

Kaiser Permanente Opening CM Munro said she attended the event in Dublin.

Housing Bills The City Council considered directing staff to prepare information regarding ways to educate the public regarding potential housing bills; noting that the bills were evolving daily and that local media was providing news coverage on the topic. City Manager Marc Roberts said staff would provide a legislative update to the City Council and invite the City's legislative advocacy consultant to present more information.

Contracting Rules The City Council directed staff to prepare an informational memorandum regarding the rules regarding hiring contractors for low-skilled jobs.

Livermore Amador Valley Transit Authority (LAVTA) CM Woerner said he attended the meeting with CM Coomber.

Livermore Police Department Awards CM Woerner said he attended the ceremony.

Feasibility Study The City Council directed staff to prepare a feasibility study by the end of the year regarding the City going paperless, including submitting permit requests electronically.

Stoney Creek Grand Opening VM Carling said on April 23, 2019 he attended the event.

Stopwaste.org VM Carling said he attended a couple of meetings.

Livermore Police Department Awards VM Carling said he attended the ceremony.

Homelessness Subcommittee VM Carling said he attended the meetings.

Community Service Day VM Carling said he participated in the event.

Innovation Fair VM Carling said he attended the event.

Stoney Creek Grand Opening Mayor Marchand said on April 23, 2019 he attended the event.

Community Service Day Mayor Marchand said he participated in the event.

Livermore Police Department Awards Mayor Marchand said he attended the ceremony.

Alameda County Transportation Commission (ACTC) Mayor Marchand said on May 13, 2019 he attended the I-580 Express Lanes Policy Committee and Planning, Policy, and Legislation Committee meetings.

8.

ADJOURNMENT

- at 10:45 pm to a City Council budget workshop on May 20, 2019 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore; to a special City Council meeting on Thursday, May 30, 2019 at 6:00 pm, Cabernet Room, City Administration Building, 1052 S. Livermore Avenue, Livermore; and to a regular City Council meeting on June 10, 2019 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

SARAH BUNTING, CITY CLERK