Livermore City Council 9/23/2019

 

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


September 23, 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 6:00 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 City Attorney pursuant to Government Code section 54956.9(d)(4) to discuss whether to initiative litigation. (Two cases)

2. Conference with Real Property Negotiator. To meet with Scott Lanphier and David Decoteau, the City's negotiators pursuant to Government Code section 54956.8, regarding the airport restaurant lease agreement approved on April 9, 2018, for a portion of the property located at 680 Terminal Circle, Livermore, California. The City negotiators may negotiate with Sanjeev Malhotra and Harmail Chatha on behalf of SAAB13, LLC. The instructions will concern the terms and conditions of the agreement and whether any changes should be made.

3. Conference with Real Property Negotiator. To meet with Paul Spence and Steve Stewart, the City's negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor's Parcel Numbers 098-0289-020-00, 098-0289-002-01, 098-0289-019-00, 098-0289-018-00, 098-0289-021-00. The City negotiators may negotiate with Lisa Tromovitch on behalf of the Shakespeare's Associates, Inc., a California non-profit corporation. The instructions will concern price and terms of payment in furtherance of the exclusive negotiation rights agreement first authorized by the City Council on June 11, 2018, and a development agreement.

4. Conference with Real Property Negotiator. To meet with Paul Spence and Steve Stewart, the City's negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor's Parcel Numbers 098-0289-020-00, 098-0289-002-01, 098-0289-019-00, 098-0289-018-00, 098-0289-021-00. The City negotiators may negotiate with Alan Burnham and Monya Lane on behalf of the Livermore Science and Society Center, a California non-profit corporation. The instructions will concern price and terms of payment in furtherance of the exclusive negotiation rights agreement first authorized by the City Council on June 11, 2018, and a development agreement.

5. Conference with Real Property Negotiator. To meet with Paul Spence and Steve Stewart, the City's negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor's Parcel Numbers 098-0289-020-00, 098-0289-002-01, 098-0289-019-00, 098-0289-018-00, 098-0289-021-00. The City negotiators may negotiate with Mike Madden and Marisa Hawk on behalf of the Red Bear Property Management, Inc., a California corporation. The instructions will concern price and terms of payment, and amendments to the disposition and development agreement authorized by the City Council on October 22, 2018, and a development agreement.

6. Conference with Real Property Negotiator. To meet with Paul Spence and Eric Uranga, the City's negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor's Parcel Number 098-0289-021-00. The City negotiators may negotiate with Andrea Osgood on behalf of the Eden Housing Inc. The instructions will concern price and terms of payment, and amendments to the disposition and development and loan agreement authorized by the City Council on September 24, 2018, and a development agreement.

7. Conference with Real Property Negotiator. To meet with Paul Spence and Steve Stewart, the City's negotiators pursuant to Government Code section 54956.8, regarding an amendment to the disposition and development agreement approved on September 10, 2018, for the sale and disposition of the real property at Assessor's Parcel Numbers 098-0289-021-00, 098-0407-029-02, 098-0289-013-11, and 098-0407-013-00. The City negotiators may negotiate with Rikesh Patel on behalf of the Presidio Companies, LLC and 2205 Railroad Avenue LLC. The instructions will concern amendments to the price and terms of payment in exchange for an amendment to the disposition and development agreement to allow for the development of a three-story hotel.

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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 noted no reportable action was taken.

At 7:04 pm Mayor Marchand noted that the concurrently held special meeting closed session was adjourned.

2.

PROCLAMATIONS AND PRESENTATIONS

2.01 Legislative update by Assemblymember Rebecca Bauer-Kahan.

Assemblymember Bauer-Kahan presented the legislative update.

Mayor Marchand presented a proclamation declaring October 7-12, 2019 as Code Enforcement Officer Appreciation Week to Neighborhood Preservation Officers Celeste Storrs and Darrel Revier.

3.

CITIZENS FORUM

Greg Scott spoke regarding homelessness in Livermore.

Jim Schmidt spoke regarding Livermore Arts and Science Incorporated (LASI), a nonprofit interested in responding to a Request for Proposal (RFP) for the existing Council Chambers site (3575 Pacific Avenue).

Brent Siler spoke regarding a computer virus that affected the City and future best practices that could be established.

Karl Wente spoke regarding good government.

Mayor Marchand stated that there was a concerted effort to upset people. He expressed concerns regarding misinformation presented in The Independent newspaper.

In response to questions from Mayor Marchand, City Attorney Jason Alcala explained the referendum process.

Mayor Marchand clarified that City Council adopted the 2018 Downtown referendum and repealed the ordinance to give residents what they wanted.

CM Woerner clarified the intent of the 2018 Downtown referendum was to lower the height of the hotel by repealing the downtown zoning language.

4.

CONSENT CALENDAR

Item 4.01 Karl Wente encouraged approval of the meeting minutes. He also spoke about good government and the upcoming election for County Supervisor.

Item 4.03 & Item 4.04 Mayor Marchand spoke regarding an article in The Independent newspaper rewriting the heritage of the Downtown. He also expressed support for the Stockman's Association's contribution to Livermore.

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

4.01 Approval of draft minutes - August 26, 2019 adjourned regular City Council meeting.

4.02 Resolution 2019-150 authorizing execution of an agreement with Economic & Planning Systems, in the amount of $209,632, to prepare a Comprehensive Infrastructure and Affordable Housing Financing Plan for the Isabel Neighborhood Specific Plan.

4.03 Resolution 2019-151 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 Stockmen's Park, Project No. 2018-57.

4.04 Resolution 2019-152 allocating Public Art Funds, in the amount of $125,000, and authorizing execution of an agreement with Warren Sculpture Studios, Inc., for the creation and installation of a bronze sculpture to be installed at Stockmen's Park.

5.

PUBLIC HEARINGS

5.01 Hearing to consider the Fiscal Year 2018-19 Consolidated Annual Performance Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME).

Recommendation: The Human Services Commission and staff recommended the City Council adopt a resolution authorizing submission of the Fiscal Year 2018-19 Consolidated Annual Performance Evaluation Report for the Community Development Block Grant and HOME Investment Partnership Program to the Alameda County HOME Consortium and the U.S. Department of Housing and Urban Development.

Human Services Program Manager Claudia Young presented the staff report.

In response to questions from VM Carling, Ms. Young confirmed that all safe parking locations would be open seven days a week, biohazard cleanup would occur Monday through Friday, and the programs would be assessed to see what adjustments were needed. VM Carling suggested reconsidering evenings and weekends for biohazard cleanup.

In response to questions from CM Munro, Ms. Young stated the goal of CityServe was to serve 125 clients. Over 200 unsheltered neighbors had been identified and as more volunteers come online they hoped to serve more clients.

Mayor Marchand opened the public hearing.

Greg Scott, Livermore, referenced page 7 of the report regarding affordable housing. He also spoke regarding a 2018 initiative regarding affordable housing.

Mayor Marchand noted the 130 units approved in the City plan versus the 84 housing planned if the Central Park Plan initiative were passed on November 3, 2020.

There were no more speakers and the hearing was closed.

In response to questions by VM Carling, CM Roberts confirmed that units at the Groth Brothers site were market-rate rental units. He noted that ownership units had inclusionary requirements and rental units did not because it was not permitted at the local level. Mayor Marchand noted that there were affordable units in the Downtown plan and at Chestnut Square.

Mayor Marchand spoke regarding the difficulty of finding solutions to homelessness and the importance of maximizing CDBG funds to pilot new program solutions.

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 2019-153 approving Fiscal Year 2018-2019 Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program and HOME Investment Partnership Program.

6.

MATTERS FOR CONSIDERATION

6.01 Discussion and direction regarding a resolution authorizing execution of the second amendment to the agreement with the Livermore Stockmen's Rodeo Association to authorize approval of the design of the cultural and commercial uses surrounding Stockmen's Park.

Recommendation: Staff recommended the City Council adopt the resolution.

Associate Planner Andy Ross presented the staff report.

Dave Finster, Livermore Stockmen's Rodeo Association, spoke in support of the amendment and expressed concerns related to the Central Park Plan initiative.

Mayor Marchand invited public comment.

Jean King, reading comments on behalf of Tamara Reus, Citizens for Livermore Central Park, expressed commitment to the existing agreement with the Stockmen's Association and expressed concern that the veto power agreement may invalidate the existing rights of the Stockmen's Association.

Alan Burnham, Livermore, spoke regarding synergy of the park elements existing in the City's current downtown plan. He also stated the Central Park Plan failed to meet the objectives agreed upon with the Stockmen's Association.

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

CM Woerner clarified the boundaries/location of Stockmen's Park in the City's Downtown Plan. He spoke in support of the amendment and expressed concerns that the Central Park Plan initiative is trying to encroach upon Stockmen's Park.

In response to questions from CM Woerner, City Attorney Jason Alcala confirmed the legal ability of City Council to approve the amendment.

CM Coomber spoke in support of the Stockmen's Association and the amendment.

CM Munro emphasized the importance of synergy between the elements of the park and how the current downtown plan captured the City's heritage.

VM Carling supported the amendment and found it disingenuous that the Citizens for Livermore Central Park would suggest that the City is invalidating the rights of the Stockmen.

Mayor Marchand supported the amendment and clarified that a park consisted of multiple key elements creating synergy, not just open grassy area.

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 2019-154 authorizing execution of a second amendment to the agreement with the Livermore Stockmen's Rodeo Association for the development of the Rodeo Grounds and Sunken Garden area as a Civic Center and parks and recreation area.

6.02 Discussion and direction regarding the Stormwater Green Infrastructure Plan.

Recommendation: Staff recommended the City Council adopt a resolution approving the Stormwater Green Infrastructure Plan and authorizing updates as necessary.

Assistant City Engineer Bob Vinn and Associate Civil Engineer Julie Chiu presented the staff report.

In response to questions by CM Woerner, City Manager Marc Roberts spoke regarding the possibility of implementing a system to monitor the swales to avoid problems with contaminated ground water.

In response to questions by CM Munro, Mr. Roberts discussed funding options to support unfunded mandates. He also addressed the possibility of making water resources assets more sustainable over time to help the City and residents maintain the lifespan and value of property.

Mayor Marchand invited public comment.

There were no speakers and the public comment period 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 2019-155 adopting the City of Livermore Stormwater Green Infrastructure Plan.

6.03 Discussion and direction regarding adoption of a commemorative flag display policy.

Recommendation: Staff recommended the City Council consider the policy and either adopt a resolution establishing the policy or provide further direction.

Deputy City Manager Christine Martin presented the staff report.

Mayor Marchand invited public comment.

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

City Council discussed various elements of the flag policy.

CM Munro requested that flying the rainbow flag for the week of October 15, 2019, be added to the October 14th City Council meeting agenda.

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 2019-156 establishing the City of Livermore Outdoor Commemorative Flag Display Policy.

6.04 Discussion and direction regarding an ordinance requiring the licensure of tobacco retailers.

Recommendation: Staff recommended the City Council introduce an ordinance adding a new Chapter 5.50, Tobacco Retail Licensing, to the Municipal Code to license tobacco retailers and regulate tobacco product sales for the protection of minors; and that the City Council provide direction to staff on regulating flavored tobacco, electronic smoking devices, and flavored fluids.

City Attorney Jason Alcala presented the staff report.

Mayor Marchand invited public comment.

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

CM Woerner and CM Coomber spoke in favor of tabling the item until after the March 3, 2020, election.

Mayor Marchand spoke in favor of adopting the TRL so the City can begin enforcement of tobacco retailers immediately. However, if community members in support of the ordinance would like to table the item, he supports that.

CM Munro spoke regarding the need for the community working to uphold the ordinance.

ON THE MOTION OF CM MUNRO, SECONDED BY CM WOERNER AND CARRIED ON A 4-1 VOTE (VM CARLING VOTING NO) THE CITY COUNCIL TABLED THE ITEM:

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

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

9/11 Memorial at Fire Station No. 1 CM Munro reported her attendance.

Visit Tri-Valley Luncheon CM Munro and Mayor Marchand reported their attendance on September 18, 2019.

East Bay Community Energy Meeting (EBCE) CM Munro reported her attendance on September 18, 2019.

Tri-Valley Mayors Summit CM Munro, VM Carling, and Mayor Marchand reported their attendance on September 19, 2019.

Flag Display Request City Council directed staff to add an item to the October 14, 2019 City Council agenda to discuss displaying the rainbow flag on City flagpoles during Pride week.

Livermore Amador Valley Transit Authority (LAVTA) CM Woerner reported his attendance at the September 9, 2019 board meeting.

Council Chambers Request for Proposal (RFP) In response to Jim Schmidt's request during Citizen's Forum, City Council directed staff to follow up on issuing a RFP related to the future use of the Council Chambers site on Pacific Avenue.

Criminal Prosecution by the City Attorney City Council directed staff to bring back recommendations on opportunities to allow the City Attorney's Office to pursue effective criminal prosecutions.

StopWaste.org VM Carling reported attendance at the September 12, 2019 recycling board meeting.

Livermore Computer Virus In response to questions from VM Carling, City Manager Marc Roberts said staff would provide information related to the computer virus experienced by the City for City Council's review.

Livermore Farmers Market CM Munro and VM Carling reported their attendance at the farmers market.

9/11 Memorial at Fire Station No. 9 Mayor Marchand reported his attendance.

Tri-Valley - San Joaquin Valley Regional Rail Authority Mayor Marchand reported his attendance at the Valley Link board meeting on September 11, 2019.

Alameda Local Agency Formation Commission (LAFCo) Mayor Marchand reported his attendance at the September 12, 2019 meeting.

Agent of Change Mayor Marchand recognized Brandon Cardwell, Executive Director at i-GATE Innovation Hub, for being selected as an Agent of Change in Diablo Magazine.

Livermore Valley Chamber of Commerce Mayor Marchand reported speaking at the Leadership Livermore program kickoff meeting.

Del Valle High School Mayor Marchand reported visiting the bicycle repair program on September 18, 2019 to celebrate the 1000th bike repaired.

Airport Land Use Commission (ALUC) Mayor Marchand reported his attendance at the meeting.

Tri-Valley Community Television (TVTC) Mayor Marchand reported his attendance at the meeting.

Innovation Tri-Valley (ITV) Mayor Marchand reported his attendance at the Regional Power Summit event on September 23, 2019.

8.

ADJOURNMENT - at 9:17 pm to a regular City Council meeting on October 14, 2019, Livermore Civic Center Meeting Hall, 1016 S. Livermore Avenue, Livermore, CA 94550.

APPROVED: ___

JOHN P. MARCHAND, MAYOR

PREPARED BY: ___

MARIE WEBER, ASSISTANT CITY CLERK

ATTEST: ___

SARAH BUNTING, CITY CLERK