Livermore City Council 8/26/2019

 

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


August 26, 2019

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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 Bob Coomber, Trish Munro, and Bob Woerner.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING CLOSED SESSION ITEMS.

There were no speakers.

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. (One case)

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

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ADJOURNED REGULAR MEETING

1.

CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:00 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 in the matter of Yearby v. City of Livermore, the City Council had authorized execution of a settlement agreement in the amount of $120,000, contingent upon the court approving the settlement through a minor's compromise.

2.

PROCLAMATIONS AND PRESENTATIONS

2.01 Proclamation honoring the 40th anniversary of Community Resources for Independent Living (CRIL).

Mayor Marchand presented the proclamation to CRIL Executive Director Ron Haylog.

3.

CITIZENS FORUM

Rusty Skinner, Livermore, expressed concerns regarding the central park plan initiative and supported the existing Downtown plan.

Alden Faught, Livermore, expressed concerns regarding the central park plan initiative and supported the existing Downtown plan.

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

Elizabeth Judge, Livermore, spoke regarding housing on the Groth Brothers site; she expressed concerns regarding decorum at Council meetings and online.

Rachael Snedecor, on behalf of Nancy Bankhead, read Ms. Bankhead's resignation from the Livermore Valley Performing Arts Center Board of Directors.

Neil Herrick, Livermore, expressed concerns regarding decorum at City Council meetings.

Jessica Flores, Livermore, spoke regarding the death of Yaneli Morales and supported making East Avenue safer for pedestrians and bicyclists.

Yesica Morales, Livermore, spoke regarding the death of Yaneli Morales and supported making East Avenue safer.

Marysol Morales, Livermore, spoke regarding the death of Yaneli Morales and supported safer crosswalks.

Mary Perner, Livermore, spoke regarding the death of Yaneli Morales and supported making East Avenue safer.

Bret Siler, Livermore, spoke regarding accidents on East Avenue and the death of Yaneli Morales; he supported making streets safer.

Steven Dunbar, Livermore, spoke regarding the death of Yaneli Morales and supported making streets safer.

Susie Hufstader, Bike East Bay, spoke regarding improved safety policies for streets and supported Vision Zero policies.

Susan Warkentin, Livermore, spoke regarding her experiences being homeless and expressed concern for others in the homeless community.

CM Munro expressed condolences to the family and friends of Yaneli Morales. In response to questions by CM Munro, City Manager Marc Roberts said the City Council had directed staff to prepare a more comprehensive study on the East Avenue corridor. Community Development Director Paul Spence said the report was scheduled for 2020 and staff could accelerate the timeline if directed by the City Council.

Asa Strout, Livermore, requested full validation of signatures on the referendum petition against the Downtown hotel development agreement.

Karl Wente spoke regarding the need for decorum and good government.

Mayor Marchand clarified his comments regarding the Downtown Steering Committee as quoted in The Independent. He expressed concerns regarding neutrality and accuracy of information printed in the paper.

4.

CONSENT CALENDAR

Item 4.01 Greg Scott, Livermore, spoke regarding homelessness in Livermore and expressed concerns that grant funds were not being spent.

In response to questions by Mayor Marchand, Assistant Community Development Director Eric Uranga clarified that Item 4.01 was a two-year subsidy program and required approval of funds in the second year of the program. In response to questions by VM Carling regarding bathrooms at encampments, Mr. Uranga said staff was working to develop contracts with service providers and implement programs quickly.

Item 4.01 Karl Wente said societies should be judged by their treatment of their most destitute members; he supported taking action with immediacy.

Item 4.02 Karl Wente expressed appreciation to staff for Item 4.01.

Item 4.02 Greg Scott expressed concerns regarding solving homelessness.

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

4.01 Resolution 2019-139 appropriating $183,157 in unspent Fiscal Year 2018-19 Housing and Human Services grant funds into Fiscal Year 2019-20 and authorizing execution of agreements and/or amendments for the funding extensions.

4.02 Resolution 2019-140 amending Resolution 2019-063 to reflect the revised final funding allocation for the Community Development Block Grant Fiscal Year 2019-20 grant subrecipients.

5.

PUBLIC HEARINGS - NONE

6.

MATTERS FOR CONSIDERATION

6.01 Consideration of Elections Code Section 9212 Report regarding the petition entitled "Citizen's Initiative Changing Development Regulations in Downtown Livermore, and Amending Regulations to Allow Housing at the Civic Center."

Recommendation: Staff recommended the City Council adopt a resolution accepting the Elections Code Section 9212 Report on the petition entitled "Citizen's Initiative Changing Development Regulations in Downtown Livermore, and Amending Regulations to Allow Housing at the Civic Center."

Staff also recommended the City Council adopt a resolution either:

A. Approving and adopting the initiative; or

B. Placing the measure, without alteration, on the ballot for either the November 3, 2020 regular municipal election; or at a special election called not less than 88 days nor more than 103 days from the order of election and appropriating $800,000 from the General Fund for the election.

City Clerk Sarah Bunting introduced the item. Planning Manager Steve Stewart presented information regarding the 9212 Report.

In response to questions by VM Carling regarding parking in the two plans, Community Development Director Paul Spence said there were an estimated 895 parking spaces in the initiative and 850 in the City plan. He noted that demand created by the initiative provided a surplus of 29 spaces and demand in the City plan provided a surplus of 99 spaces.

In response to questions by CM Munro regarding impacts of delaying the project, Mr. Stewart said delay demonstrated uncertainty surrounding the site and was likely to repel investors. City Manager Marc Roberts said businesses would be impacted by lengthened construction times and complexity would be added to business plans.

In response to questions by CM Coomber regarding advertisements that said the initiative was financially feasible and there would be no delays, Mr. Spence said there would be significant delays if the initiative were passed; staff estimated a minimum of four years and more if there were an economic downturn.

CM Woerner said there could be potential lawsuits and a tax measure might be required to fund what was envisioned in the initiative.

In response to questions by CM Munro, Mr. Roberts said the City Council had adopted implementation of the Downtown as one of its top priorities and significant progress had been made with significant resources.

In response to questions by Mayor Marchand, Mr. Roberts said staff had preliminary numbers regarding the cost of building three parking garages and further research could be done. Mayor Marchand asked for additional information regarding the cost to the City if fewer and smaller units were built.

THE CITY COUNCIL RECESSED FROM 8:43-8:52 PM.

Mayor Marchand invited public comment.

Rick Nordyke supported the central park plan initiative.

Tamara Reus supported the central park plan initiative and ordering the measure to a March 2020 election.

Linda Milanese supported the central park plan initiative and ordering the measure to a March 2020 election.

In response to questions by CM Woerner, City Attorney Jason Alcala confirmed that election options for the initiative measure were outlined by the Elections Code and did not include a date in March 2020.

Don Milanese read comments on behalf of Johnna Thompson supporting the central park plan initiative and ordering the measure to a March 2020 election.

Steve Laranyaga, Sandia Laboratory Federal Credit Union, Livermore Valley Chamber of Commerce, Livermore, spoke in support of the existing Downtown plan and ordering the initiative measure to the November 2020 election.

Rachael Snedecor, Livermore Downtown Inc., opposed the central park plan initiative and spoke in support of the existing Downtown plan.

Brook Witherspoon spoke in support of the existing Downtown plan.

Elizabeth Judge supported the central park plan initiative and ordering the measure to a March 2020 election.

Greg Scott expressed concerns regarding housing and homelessness in relation to either the central park plan initiative or the existing Downtown plan.

Michael Fredrich supported the central park plan initiative and ordering the measure to a March 2020 election or a special election in 2019.

Joan Green read comments on behalf of Vic Avilla in support of the central park plan initiative.

Jean King supported the central park plan initiative and ordering the measure to the earliest possible election date.

Mr. Alcala noted that Elections Code section 9241 quoted by Ms. King did not apply to initiatives; rather, it applied to referenda petitions. Mayor Marchand said that signature gatherers for the initiative had stated that a special election would not be requested; he asked if that meant the signatures had been acquired under false pretense because there were now requests for a special election.

Jan Brovont supported the central park plan initiative and agreed with comments by Ms. Milanese and Ms. Judge.

John Stein, Livermore, expressed concerns regarding delays to the Downtown project and supported ordering the initiative to the November 2020 election.

Neil Herrick spoke regarding the community dialogue regarding the Downtown plan and supported ordering the initiative to the November 2020 election.

Lynn Seppala said the key learning from the Downtown Steering Committee had not been followed by the approved Downtown plan.

Asa Strout spoke on behalf of himself and Karl Wente in support of placing the initiative on the November 2020 ballot.

Dawn Argula, Livermore Valley Chamber of Commerce, supported the existing Downtown plan and ordering the initiative to the November 2020 election.

Loretta Kaskey supported adopting the central park plan initiative; she asked for clarification regarding the possibility of a March 2020 election date.

In response to questions by Mayor Marchand, Mr. Alcala said the City Council's decision regarding ordering an election was prescribed by Elections Code section 9215, which required the election to be called when the 9212 report was presented.

Jeff Kaskey supported adopting the central park plan initiative and expressed concerns regarding information in the 9212 Report.

Doug Mann supported the central park plan initiative and expressed concerns regarding information in the 9212 Report.

Liz Roberts spoke in support of the existing Downtown plan.

Lisa Tromovitch supported placing the measure on the November 2020 ballot and appointing a subcommittee to draft arguments opposing the initiative.

Denise Leddon supported the central park plan initiative and placing the measure on the ballot as soon as possible.

Doris Ryon read comments on behalf of Maryann Brent and Ralph Moir supporting the central park plan initiative.

Richard Ryon agreed with previous speakers and supported the central park plan initiative.

Sally Dunlop expressed concerns regarding the existing Downtown plan and noted that each person had the privilege of their own opinion.

Bill Dunlop, Livermore, supported the central park plan initiative and the referendum petition against the Downtown hotel development agreement.

There were no more speakers and the public comment period was closed.

In response to questions by CM Woerner regarding the possibility of the initiative renaming portions of Stockmen's Park, Mr. Alcala confirmed that renaming the park would be in conflict with the existing agreement.

CM Coomber said the City Council was composed of five distinct individuals who had arrived at the same conclusion. He said that while the City Council had to consider the finances of a project, the initiative drawing did not. He did not support three parking structures and said that the City Council listened to public opinion and also had to make the budget work.

CM Munro said if legacy was a driving factor, she supported the existing plan because it was the one bringing people together and would not take five years of delay.

CM Woerner said the 9212 Report was informative and accurate; he did not support adopting the initiative because there would be years of delay with higher costs, less parking, and less park space. He said the rhetoric, diagram, and initiative language were inconsistent and allowed a multitude of options. He supported putting the initiative on the ballot.

VM Carling expressed appreciation to the community for their comments. He said the 9212 Report was well done and expressed concerns that the integrity of staff was being impugned. He noted that the initiative provided several options for the area next to the Bankhead Theater and he supported additional public input should the process be restarted. He spoke regarding behavior of paid signature gatherers, including harassment, bullying, and threats, saying he had emailed the leaders of the central park plan regarding the threats and had not heard back, leading him to conclude that they accepted the behavior. He supported the 9212 Report and a November 2020 election.

Mayor Marchand thanked the community for their comments. He asked the audience to raise their hands if they had participated in the Downtown outreach process; he contrasted the numerous hands raised for the outreach in comparison to the two individuals that indicated they had developed the central park initiative and drawing. He said that few people understood that the area next to the Bankhead Theater could be anything other than a hotel. He said there was no traffic, financial, or other analysis associated with the initiative drawing; he noted that the approved plan had more open space and more surplus parking. He supported additional outreach if the initiative were to be passed and said the community did not want delays.

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

Resolution 2019-141 accepting Elections Code section 9212 Report regarding the initiative petition entitled: "Citizen's Initiative Changing Development Regulations in Downtown Livermore, and Amending Regulations to Allow Housing at the Civic Center."

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

Resolution 2019-142 calling for and giving notice of the holding of a general election for the submittal of the initiative petition entitled: "Citizen's Initiative Changing Development Regulations in Downtown Livermore, and Amending Regulations to Allow Housing at the Civic Center" to the voters of the City of Livermore and consolidating that election with the General Municipal Election to be held Tuesday, November 3, 2020.

MAYOR MARCHAND APPOINTED HIMSELF AND VICE MAYOR CARLING TO A CITY COUNCIL AD-HOC SUBCOMMITTEE TO DRAFT BALLOT MEASURE ARGUMENTS.

City Manager Marc Roberts noted that the City Council could direct additional information to supplement the 9212 Report. CM Munro requested information on the effect of the initiative on small businesses.

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

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

CM Coomber did not have a report.

2019 To Us You Matter: Civic Engagement Tour CM Munro said on August 2, 2019 she received a report on the civic engagement tour.

Livermore Cultural Arts Council (LCAC) CM Munro said she attended the meeting on August 7, 2019.

60th Birthday CM Munro spoke regarding her 60th birthday and emulating her grandmother as a role model for connecting with every generation to work for a better world.

Tri-Valley Affordable Housing Coalition CM Munro and VM Carling reported their attendance at the meeting on August 22, 2019 where there was discussion regarding funding for accessory dwelling units.

Livermore Valley Chamber of Commerce CM Munro said she attended the Chamber luncheon where there was a presentation by Congressman Eric Swalwell.

Community Outreach CM Munro said she had been attending the Farmers' Market and reading to children at the library over the summer, noting that Assemblymember Rebecca Bauer-Kahan would be joining her at the library in the coming week.

National Night Out VM Carling said that several Council Members had participated in the event on August 6, 2019.

Livermore Lab Foundation Celebration VM Carling said on August 8, 2019, he and Mayor Marchand attended the event where student interns were recognized.

Community Outreach VM Carling spoke regarding his attendance at the Farmers' Market.

Stopwaste.org VM Carling said he attended the meeting on August 8, 2019, noting that he was now on the recycling board.

Backpack Collection VM Carling said over 1,000 backpacks had been collected and delivered to local students in need for the start of school.

Meeting with Juul VM Carling said he and Mayor Marchand had met with the Chief Executive Officer for the vaping company Juul to discuss the City's tobacco ordinance.

Wine Country Luncheon VM Carling said he attended the event.

Community Safety Information The City Council requested information on how the City prepared for community safety in the context of shootings and other incidents. City Manager Marc Roberts said staff would prepare an informational memorandum, which could be followed by public discussion if directed by the City Council.

Sister City Scouts Mayor Marchand said on August 9, 2019 he met with a contingent of scouts from Livermore's sister city Yotsukaido, Japan.

National Ignition Facility (NIF) Mayor Marchand said on August 13, 2019 he spoke at the 10th anniversary event for the National Ignition Facility.

Business Events Mayor Marchand said he attended events for the Holiday Store, Livermore Valley Academy, BratPak Kamp & Kafé, and Vericool, Inc.

Purple Heart Tour Mayor Marchand said on August 16, 2019 he attended the event in honor of those who had served the nation.

Livermore-Amador Valley Water Management Agency (LAVWMA) Mayor Marchand said he and CM Woerner attended the meeting on August 21, 2019.

Zone 7 Board Meeting Mayor Marchand said he attended the meeting on August 21, 2019 where there was a presentation by CEMEX regarding future operations at Lake A and Lake B.

Acton Academy East Bay Mayor Marchand said he attended the ribbon cutting event on August 22, 2019.

East Avenue Safety Mayor Marchand spoke regarding the need to have a better understanding of safety on East Avenue. Also referring to CM Munro's comments after Citizens Forum, City Manager Marc Roberts said that staff would bring back a proposal to look at the East Avenue corridor more formally.

Mayor Marchand announced the possibility of holding the next City Council meeting in the new John Shirley Council Chamber.

8.

ADJOURNMENT - at 10:59 pm 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, CA 94550.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

SARAH BUNTING, CITY CLERK