Livermore City Council Meeting - March 11, 2019

 

CALL TO ORDER / PLEDGE OF ALLEGIANCE

PROCLAMATIONS AND PRESENTATIONS

CITIZENS FORUM

CONSENT CALENDAR

MATTERS FOR CONSIDERATION

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

ADJOURNMENT


CITY COUNCIL


MARCH 11, 2019

CLOSED SESSION

CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor John Marchand at 6:31 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 Trish Munro and Bob Woerner. Council Member Bob Coomber was absent/excused.

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. (One case)

2. 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. 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)

b. City of Livermore v. Lewis, et al., Alameda County Superior Court Case No. RG18931843

________________________________________________________________

REGULAR MEETING

1.

CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:32 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 Trish Munro and Bob Woerner. Council Member Bob Coomber was absent/excused.

1.02 PLEDGE OF ALLEGIANCE

The Cresta Blanca Girl Scouts conducted the flag ceremony and led the 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 March 2019 as American Red Cross Month.

Mayor Marchand presented the proclamation to Kane Wong and Maria Gamula-Owen of the American Red Cross Disaster Services team.

2.02 Proclaiming March 10-16, 2019 as Girl Scout Week.

Mayor Marchand presented the proclamation to the Cresta Blanca Girl Scouts in attendance.

2.03 Proclaiming March 2019 as the 17th Annual March for Meals Month.

Mayor Marchand presented the proclamation to Carrie Oldes, Volunteer Coordinator, Spectrum Community Services.

3.

CITIZENS FORUM

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

Neil Herrick, Livermore, said he looked forward to working with the City on issues in Livermore.

John Stein, Livermore, expressed appreciation for the Holmes Street sound wall project and concerns regarding traffic and paving issues on Vallecitos Road and the Isabel expressway.

Brent Siler, Livermore, spoke regarding issues relating to homelessness in Livermore and supported transitional housing.

4.

CONSENT CALENDAR

Item 4.02 Ian Karlin expressed concerns regarding implementation of the Active Transportation Plan, saying the municipal code discouraged bike parking.

In response to questions by Mayor Marchand, Community Development Director Paul Spence confirmed that new projects were required to provide bicycle parking and some developers had utilized the option referenced by Mr. Karlin for additional bicycle parking. CM Woerner expressed appreciation for the figure included as Exhibit A to the ordinance.

Item 4.08 Mayor Marchand expressed support for the item.

ON THE MOTION OF CM WOERNER, SECONDED BY VM CARLING, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

4.01 Approval of draft minutes - February 19, 2019 City Council special meeting workshop, February 21, 2019 City Council special meeting, and February 25, 2019 regular City Council meeting.

4.02 Adoption of omnibus Ordinance 2082 amending various sections of the Livermore Municipal Code and Livermore Development Code to update, clarify, and revise existing sections.

4.03 Adoption of Ordinance 2083 approving and adopting planned Development-Industrial 18-002.

4.04 Resolution 2019-019 finding that the I Street Garage, Project No. 2017-15, is exempt from the California Environmental Quality Act under Section 14 California Code of Regulations 15332, Class 32, Urban Infill Development; and authorizing execution of an agreement with Watry Buehler Collaborative of San Francisco, in the amount of $1,046,455, for design and construction administration support services for the I Street Garage, Project No. 2017-15.

4.05 Resolution 2019-020 approving the Altamont Settlement Agreement Education Advisory Board Expenditure Plan, in the amount of $595,000 for Fiscal Year 2019-20.

4.06 Resolution 2019-021 authorizing execution of two-year extension agreement with Maze & Associates, in an amount not to exceed $271,685, for auditing services.

4.07 Resolution 2019-022 declaring non-complying parcels a public nuisance requiring abatement, directing staff to proceed with the 2019 Fire Hazard Abatement Program, and setting a public hearing date of April 22, 2019 to receive protests.

4.08 Resolution 2019-023 authorizing execution of an agreement with Kier & Wright Civil Engineers and Surveyors, Inc., in the amount of $113,830, for engineering services for the Holmes Street Wall Survey, Project No. 2006-54.

5. PUBLIC HEARINGS - NONE

6.

MATTERS FOR CONSIDERATION

6.01 Discussion and direction regarding the regulation of tobacco, including flavored tobacco and vaping fluid.

Recommendation: Staff recommended the City Council provide direction on:

1. Opportunities to engage in an information campaign to educate minors about the negative effects of tobacco use and vaping; and,

2. Development of an ordinance to license tobacco retailers and regulate the sale of tobacco and vaping products in Livermore.

City Attorney Jason Alcala presented the staff report.

In response to questions by CM Woerner, Mr. Alcala said existing licenses would be grandfathered into a potential ordinance. He said an economic analysis would need to be performed to consider reducing the number of licenses.

In response to questions by VM Carling, Mr. Alcala confirmed that if the number of licenses were limited, new gas stations would be prohibited from selling tobacco; he said licensing costs would be based on a fee study and would reflect actual costs.

In response to questions by CM Munro, Mr. Alcala said staff had not yet researched the economic effect of the ordinance on each business such as grocery stores or those dedicated solely to selling tobacco products. He confirmed that the City could not control tobacco companies' advertising.

Mayor Marchand invited public comment.

Van Rainey, Livermore, opposed tobacco marketing to youth.

Daniel Widner, American Cancer Society, Livermore, supported prohibiting sale of flavored tobacco products in Livermore, saying mint and menthol needed to be included.

Irene Nikkah, American Cancer Society Cancer Action Network, supported prohibiting the sale of flavored tobacco products in Livermore.

Bob Gordon, Alameda County Tobacco Coalition, supported prohibiting sale of tobacco products in Livermore, including nicotine products in pharmacies.

Owen Wise-Pierik supported implementing tobacco retail licenses in Livermore.

In response to questions by Mayor Marchand, Mr. Alcala confirmed that the City of Alameda was a charter city.

Rod Lew, Asian Pacific Partners for Empowerment, Advocacy and Leadership (APPEAL), supported banning flavored tobacco products, including menthol, and spoke regarding the tobacco industry targeting Asian Americans.

Ariella Anjelini Stewart, Granada High School, Peer Educators Club, supported banning flavored tobacco products in Livermore and spoke regarding the tobacco industry targeting teens.

Stephanie Kishi, Granada High School, supported prohibiting sale of flavored tobacco products in Livermore and spoke regarding the tobacco industry targeting teens.

Sara Lai, Granada High School, supported restricting sale of flavored tobacco products in Livermore and spoke regarding the tobacco industry targeting teens.

Regina Molitoris, Granada High School, spoke regarding vaping and smoking in schools; she supported restricting flavored tobacco products in Livermore.

Dario Stewart, Granada High School, spoke regarding the tobacco industry targeting teens and young children.

Camille Laron, Granada High School, Peer Educators Club, supported restricting flavored tobacco sales in Livermore and spoke regarding the tobacco industry targeting teens.

Ahalya Rajesh, Granada High School, Peer Educators Club, supported restricting sale of flavored tobacco products in Livermore and spoke regarding the tobacco industry targeting teens.

Zoe Becker, Granada High School, supported prohibiting sale of flavored tobacco products in Livermore and spoke regarding the tobacco industry targeting teens.

Jannell Gladen, Flavors Hook Kids, Livermore, supported banning flavored tobacco products in Livermore and shared statistics on the topic.

Kristie Wang, Livermore, supported banning flavored tobacco products in Livermore and spoke regarding the tobacco industry targeting teens.

Carol McGruder, African American Tobacco Control Leadership Council, supported prohibiting flavored tobacco products in Livermore and spoke regarding the tobacco industry targeting African Americans and youth.

Mary Perner, Livermore, described negative impacts of tobacco products in her life and supported banning flavored tobacco products in Livermore.

Brian Davis, Alameda County Tobacco Control Coalition (ACTCC), supported retail tobacco licensing in Livermore to reduce sales to youth.

Amaya Wooding, Alameda County Tobacco Control Coalition, suggested implementing minimum pack sizes and prices for tobacco products.

Evan Branning, Livermore, spoke regarding his experience with student vaping and supported banning sale of flavored tobacco products in Livermore.

Brent Siler, Livermore, supported the City taking action and offered suggestions for reducing sales to minors.

Will Taggart, Granada High School, Peer Educators Club, supported prohibiting sale of flavored tobacco products in Livermore and spoke regarding the tobacco industry targeting teens.

Sasha Sato, Granada High School, supported eliminating flavored tobacco products in Livermore.

Adriana Del Cid, Las Positas College, spoke regarding tobacco at college campuses and supported prohibiting sale of flavored tobacco products in Livermore.

Helory Kejongian, Las Positas College, supported smoke-free and tobacco-free campuses.

Rosalyn Moya, Bay Area Community Resources, supported tobacco retail licenses.

Nathan Subramanian, Alameda County, Tobacco Control Program, spoke regarding pack size and pricing options to limit youth consumption of tobacco products, and supported tobacco retail licenses.

Limairy Rodriguez, Alameda County, Tobacco Control Program, spoke regarding tobacco marketing and the impact on youth; she supported retail tobacco licensing.

Esther Ann Waltz, Livermore, supported regulating tobacco products in a manner similar to alcoholic beverages.

The City Council expressed appreciation for the community's comments.

CM Woerner said the Council should do whatever it could. He suggested sunsetting licenses for those who violated the laws and supported imposing maximum penalties. He favored directing staff to explore every suggestion from the public and having associated provisions as strong as possible.

Mayor Marchand noted the tobacco industry's advertising targeted to children and said action needed to be taken. He emphasized the importance of limiting access and providing education, and supported banning e-liquids, nicotine products, and flavored tobaccos.

CM Munro supported making the tobacco industry's lies transparent and making the costs and information campaign fall onto those selling and producing products.

VM Carling said that public policy would not stop kids from vaping; it would also require parent responsibility and participation from the School District. He supported banning materials, including menthol and mint products, and an information campaign.

Mr. Alcala responded to numerous questions from the City Council, clarifying that a tobacco retail license could be revoked when violated; staff would coordinate with Neighborhood Preservation and the Police Department to determine the cost of enforcement; and minimum pack size and prices could be considered. He said that licensing fees had to be based on the service provided.

THE CITY COUNCIL AGREED FOR STAFF TO EXPLORE THE FOLLOWING OPTIONS: TOBACCO RETAIL LICENSES; BANNING SALES IN PHARMACIES; A 1,000-FOOT RADIUS FROM SENSITIVE RECEPTORS; PROHIBITING VAPING PRODUCTS; MINIMUM PACKAGE SIZE AND PRICING; PROHIBITING FLAVORED TOBACCO PRODUCTS; POTENTIALLY LIMITING THE NUMBER OF RETAILERS TO ONE PER 2,500 POPULATION; CONCEPTS OF SCANNING IDENTIFICATION CARDS AND HAVING LOGS; AND INCORPORATING THE COUNCIL'S VALUES AND POSITION ON THE TOPIC SIMILAR TO THE SCHOOL DISTRICT'S PROCLAMATION.

Mr. Alcala confirmed that staff had sufficient direction, would meet with the intergovernmental community to look for partnership opportunities, and would notify affected businesses as part of the information outreach.

THE CITY COUNCIL RECESSED FROM 9:18-9:27 PM.

6.02 Discussion and direction regarding approval of the Affordable Homeownership Program Guidelines.

Recommendation: Staff recommended the City Council adopt a resolution approving the City's Affordable Homeownership Program Guidelines, effective with the 2019 program year, and authorizing the City Manager, or his designee, to make minor changes and adjustments to the guidelines as needed for clarification.

Housing Programs Manager Frances Reisner presented the staff report.

In response to questions by VM Carling, Assistant Community Development Director Eric Uranga clarified that an individual who was a teacher that lived and worked in Livermore would be eligible for six points in the Affordable Homeownership Program.

ON THE MOTION OF VM CARLING, SECONDED BY CM WOERNER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2019-024 approving the City's affordable homeownership program guidelines.

6.03 Discussion and direction regarding disposition of City-owned residential units in the Station Square Development.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Approving the Disposition Plan for five City-owned residential units located in the Station Square development:

153 Gillette Place #106

153 Gillette Place #110

161 North L Street #103

161 North L Street #113

1921 Depot Drive #113

2. Approving negotiation of purchase and sale agreements with tenants opting to purchase their units, as well as sales, loan and regulatory agreements with Tri-Valley REACH for one additional unit if available;

3. Directing staff to schedule the final disposition of unit(s) to Tri-Valley REACH, Inc. and any eligible tenants, and approval of associated purchase and sale agreements, at the City Council meeting on May 13, 2019, or as soon thereafter possible;

4. Appropriating $86,350 in Affordable Housing Trust Funds for relocation services, replacement housing assistance funds, and costs to clean and prepare the units to be sold; and,

5. Authorizing approval and execution of all documents and agreements, other than the purchase and sale agreements, necessary to implement the Disposition Plan for the five units.

Housing Programs Manager Frances Reisner presented the staff report.

Mayor Marchand invited public comment.

Charlene Sandy, Livermore, said she was a tenant at Station Square and expressed concerns regarding the sale price of the units.

Angie Marshall, Livermore, expressed concerns regarding the disposition plan for the Station Square units and spoke regarding her desire to purchase a unit.

John Borgen, Livermore, read an excerpt from the Government Code pertaining to affordable housing.

Sierra Marshall, Livermore, spoke in support of her mother's desire to purchase a unit at Station Square.

In response to questions by VM Carling, Assistant Community Development Director Eric Uranga said under the original proposal, none of the tenants would have qualified to purchase the units. He said the current proposal was created to allow the tenants the opportunity to purchase a unit.

In response to questions by the City Council regarding the appraisal, Mr. Uranga said the City had used a licensed real estate appraiser to appraise the units based on comps in the area; he said an official appraisal inspecting the inside and outside of the units would be performed. He said that based on the information provided by the tenants, all tenants should be able to qualify to purchase the units even if the appraisal numbers were slightly modified. City Manager Marc Roberts noted that the program was designed to make the tenants eligible to purchase the units.

In response to questions by Mayor Marchand, City Attorney Jason Alcala confirmed that the City was meeting the provisions of the Government Code excerpt read during public testimony.

CM Munro said she believed the City had worked very hard to prepare a program that respected the status of current tenants. Mayor Marchand noted that people would be receiving a $130,000 loan from the City, without payment, for up to thirty years. CM Woerner said the City had gone beyond what it would normally do. VM Carling said the City was not in the business of managing apartments and had held onto the units longer than anticipated.

ON THE MOTION OF VM CARLING, SECONDED BY CM MUNRO AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2019-025 authorizing approval of a disposition plan for five City-owned residential units located at Station Square; negotiation of purchase and sale agreements, and other related documents necessary to sell the units; execution of documents necessary to implement the disposition plan and issue notices; and appropriation of $86,350 in Affordable Housing Funds (F611) for relocation services for tenants and to prepare the units for sale.

6.04 Introduction of an ordinance amending Livermore Municipal Code Chapter 2.14 Elections.

Recommendation: Introduction of an ordinance amending Livermore Municipal Code Chapter 2.14 Elections to do the following:

1. Encourage candidates for elected city office, and encourage local independent expenditure committees participating in a Livermore election, to voluntarily pledge and subscribe to the basic principles of decency, honesty, and fair play set forth in the Code of Fair Campaign Practices in the California Elections Code; and,

2. Encourage proponents gathering signatures for local initiatives and referendums to provide the City with a copy of their talking points with the voters for the City to check for factual accuracy.

City Attorney Jason Alcala presented the staff report.

Mayor Marchand invited public comment.

John Lawrence, Livermore, supported the ordinance and said even more needed to be done.

Jeff Kaskey, Livermore, supported the Code of Fair Campaign Practices; he did not support having the City review talking points for factual accuracy.

Brent Siler, Livermore, opposed the ordinance; he suggested addressing political action committee behaviors through other means.

Asa Strout, Livermore, supported earlier deadlines for campaign finance reports and reports that were easier to understand.

Joan Green, Livermore, read comments on behalf of Jan Brovont asking if the City and others opposing a petition would be required to submit materials for fact-checking as well.

Evan Branning, Livermore, said making campaign reporting clear and more timely would add transparency to the process.

CM Woerner noted that candidates were asked to voluntarily sign the Code of Fair Campaign Practices; he said there was no reason to not ask political action committees to sign the Code as an affirmation of values. CM Woerner spoke regarding election law and the referendum petition that was circulated in 2018; he said there was evidence of a problem in Livermore with people playing fast and loose with the facts.

In response to questions by CM Woerner, Community Development Director Paul Spence confirmed that the referendum petition had not impacted the quality of the hotel, the amount or placement of parking, the appropriateness of homes in the location, or the ability to design a central park.

Mr. Alcala confirmed that the City had the ability to adopt local campaign regulations that did not conflict with State requirements.

CM Woerner said he favored the voluntary pledge, exploring ways to enforce existing rules, and ways to improve transparency and timeliness in campaign reporting.

VM Carling expressed concerns that the voluntary submittal of talking points would be overly burdensome for staff; he was more interested in the suggestions from Mr. Strout and Mr. Branning. CM Munro agreed and said rules around reporting could be increased.

Mayor Marchand spoke regarding the referendum petition that was circulated in 2018 with incorrect facts that were not disputable; he said the City Council was trying to ensure that the community had the best information.

CM Munro noted that the election results showed that most of Livermore did not believe the narrative that the City was doing bad things; she expressed concerns about enacting something that made it look like the City was taking sides. VM Carling agreed.

In response to questions by Mayor Marchand, City Attorney Jason Alcala said staff could look into regulation of campaign reporting for candidates and political action committees and report back to the City Council.

The City Council directed staff to prepare a memorandum outlining what could be done regarding enforcement of election law pertaining to signature gatherers; and requested information regarding options for more timely and transparent campaign reporting.

In response to questions by VM Carling, Mr. Alcala confirmed that the City Clerk would present the voluntary Code of Fair Campaign Practices to new committees and to existing committees in connection with each election. He said there was no enforcement for the voluntary code.

ON THE MOTION OF CM WOERNER, SECONDED BY MAYOR MARCHAND AND CARRIED ON A 3-1 (VM CARLING VOTING NO) VOTE, THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCE TO EXTEND THE VOLUNTARY CODE OF CONDUCT TO POLITICAL ACTION COMMITTEES:

Ordinance to amend Chapter 2 Elections in the Livermore Municipal Code to adopt a Code of Fair Campaign Practices for elections.

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

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

Employee Service Awards Luncheon CM Munro said she attended the event on February 26, 2019.

Alameda County Supervisor Scott Haggerty CM Munro said on February 27, 2019 she attended a meet-and-greet with Supervisor Haggerty.

Tri-Valley Cities Council Dinner CM Munro said on February 27, 2019 she attended the dinner where there was discussion regarding the Tri-Valley's response to bills generated by the CASA Compact.

League of California Cities (LOCC) East Bay Division CM Munro said on March 1, 2019 she attended the LOCC meeting with Assemblymember Rebecca Bauer-Kahan.

Homelessness Subcommittee CM Munro said on March 4, 2019 she participated in a conference call with VM Carling; she said a community meeting to discuss homelessness wpi;d be held March 14, 2019.

Planning Commission Academy CM Munro said she attended the academy in Long Beach from March 6-8, 2019.

Livermore Area Youth Advisory Commission (LAYAC) World Fair CM Munro said she attended the event on March 9, 2019.

Employee Service Awards Luncheon CM Woerner said he attended the event on February 26, 2019.

Livermore Amador Valley Transit Authority (LAVTA) CM Woerner said on March 4, 2019 he attended the meeting.

Livermore Valley Chamber of Commerce CM Woerner said on March 6, 2019 he attended the meeting. He suggested engaging with real estate experts as the City updated the General Plan and specific plans.

Livermore Cultural Arts Council (LCAC) CM Woerner said on March 6, 2019 he attended the meeting; he said that Jim Schmidt was interested in putting a building at the location of the old Council Chamber.

Employee Service Awards Luncheon VM Carling said he attended the event on February 26, 2019.

Stopwaste.org VM Carling said he attended the meeting on February 27, 2019.

Tri-Valley Cities Council Dinner VM Carling said he attended the meeting on February 27, 2019.

Homelessness Subcommittee VM Carling said on March 4, 2019 he participated in a conference call with CM Munro.

Livermore Police Department VM Carling said on March 6, 2019 he attended the swearing-in ceremony.

East Bay Community Energy (EBCE) VM Carling said he attended the board retreat on March 6, 2019 where there was discussion regarding power transmission.

Bay East Real Estate Association VM Carling said he and Mayor Marchand attended the meeting with City Manager Marc Roberts and Deputy City Manager Christine Martin; he said there was an update on real estate trends.

Homelessness VM Carling announced a community meeting to discuss homelessness on March 14, 2019.

Update on Cannabis The City Council directed staff to provide an update on cannabis in respect to the County; and information regarding what the City could do to restart the conversation regarding a cannabis facility within the city limits that might include a testing lab. City Manager Marc Roberts confirmed that staff would prepare an informational memorandum.

Alameda County Transportation Commission (ACTC) Mayor Marchand said on February 28, 2018 he attended the meeting.

East Bay Economic Development Alliance Land Use and Infrastructure Committee Mayor Marchand said on March 1, 2019 he attended the meeting where there was discussion regarding the CASA Compact.

Livermore Half Marathon Mayor Marchand said he attended the marathon on March 3, 2019. March 3rd Livermore half marathon

Key to the City Local Government Academy Mayor Marchand said on March 5, 2019 he spoke at the first Key to the City session of 2019.

Bay East Real Estate Association Mayor Marchand said he attended the summit.

Livermore Area Youth Advisory Commission (LAYAC) World Fair Mayor Marchand said he attended the event.

Alameda County Transportation Commission (ACTC) Mayor Marchand said he attended the I-580 Express Lanes Policy Committee and the Planning, Policy, and Legislation Committee meetings on March 11, 2019.

International Pi Day Mayor Marchand noted that March 14, 2019 was International Pi Day.

8.

ADJOURNMENT - at 11:18 pm to a special City Council/Planning Commission workshop on March 18, 2019, at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore; and to a regular City Council meeting on March 25, 2019 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

ROBERT W. CARLING, VICE MAYOR

ATTEST:

SARAH BUNTING, CITY CLERK