OCTOBER 14, 2019
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. 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. (Two cases)
A. § 54956.9(e)(3) due to the receipt of claim pursuant to the Government Claims Act. A redacted copy of Claim No. LIVE-2019-2020-0018-01 is available for public inspection pursuant to Government Code section 54957.5.
B. § 54956.9(e)(3) due to the receipt of claim pursuant to the Government Claims Act. A redacted copy of Claim No. LIVE-2018-2019-0470-01 is available for public inspection pursuant to Government Code section 54957.5.
2. 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)
3. 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.
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 no reportable action was taken.
PROCLAMATIONS AND PRESENTATIONS - NONE
Lilianne Casner, Student, spoke regarding climate change and suggested the use of microgrids.
Savannah Skinner, Student, spoke regarding climate crisis, the effects of greenhouse gas emissions, and suggested additions to the City's climate action plan.
Grace Santos, Student, spoke regarding the climate crisis and made several recommendations.
In response to comments regarding climate change, Planning Manager Steve Stewart provided an update on the City's progress hiring a consultant to assist with the Climate Action Plan.
Greg Scott, Livermore, spoke regarding homelessness in Livermore.
Carol Garberson spoke regarding the rhetoric of both sides surrounding the Central Park Plan initiative. She encouraged all parties involved to be respectful of one another.
Bobby Khullar, Evelyn Andrews, and Todd Steffan, Sean Brock Foundation and Veterans First Program - Los Positas College, spoke regarding the 2.2 for 22 (5k run) Veterans Day event and extended an invitation to residents and City Council.
Deborah Fields encouraged Council to educate the public on climate change and urged them to take an aggressive approach.
Mary Perner spoke regarding the need for pedestrian bicycle safety on East Avenue and additional bike friendly spaces within the City.
Sue Warkentin spoke regarding her experience with a local storage company and homelessness.
Steve Dunbar spoke regarding climate change, adding environmentalism to the tasks of the asset management committee, and dedicating a staff member to the climate action plan.
Clark Streeter, Livermore, stated the Central Park Initiative was flawed and the outcomes were unclear.
Kathy Streeter, Livermore, expressed appreciation for the care City Council and City staff put into the management and development of the community. She also encouraged people to cancel credit cards with companies who contributed money toward fossil fuels.
Lisa Tromovitch, Livermore Shakespeare Festival, reported that the Shakespeare Festival finished within budget and they appreciated the support of the community, city staff, and City Council.
Kathryn Hayes thanked City Council for designated bike lanes and paths. She requested City Council declare a climate emergency and focus on solutions.
Karl Wente thanked Scott Kenison for his work with the Bankhead Theatre. He spoke regarding referendums, initiatives, and good government.
ON THE MOTION OF VM CARLING, SECONDED BY CM COOMBER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
4.01 Approval of draft minutes - September 9, 2019 regular City Council meeting and September 16, 2019 special City Council meeting (closed session).
4.02 Resolution 2019-157 accepting for permanent maintenance and releasing security bonds for the Sunflower Court Sound Wall Replacement, Project No. 2006-54.
4.03 Resolution 2019-158 accepting remaining public improvements on Tract 8195 (Ponderosa Homes - The Vines) for permanent maintenance; accepting all offers of public dedication that were previously rejected; and authorizing release of security bonds. Location: South Vasco Road and East Avenue.
4.04 Resolution 2019-159 authorizing execution of an agreement with JD Partners Concrete, in an amount not to exceed $118,205, for construction of ADA Access Ramps 2019, Project No. 2019-07.
PUBLIC HEARINGS - NONE
MATTERS FOR CONSIDERATION
MAYOR MARCHAND REORDERED THE AGENDA TO HEAR ITEM 6.04.
6.04 Consideration of request to display the rainbow pride flag for week of October 15-22, 2019.
Recommendation: Staff recommended the City Council adopt a resolution authorizing the display of the rainbow pride flag at the Civic Center Campus for one week beginning on October 15, 2019.
City Manager Marc Roberts presented the staff report.
Mayor Marchand invited public comment.
Tracy Kronzak, Livermore Pride, thanked the City Council for presenting the resolution and requested flags be raised from October 18th - October 25th.
ON THE MOTION OF CM MUNRO, SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION WITH ADJUSTED DATES:
Resolution 2019-160 authorizing the display of the rainbow pride commemorative flag October 18-25, 2019.
6.01 Certification of referendum petition against Ordinance No. 2089, approving a development agreement with 2205 Railroad Avenue LLC for the Wine Country Hotel at the Bankhead Project, and direction whether to repeal the ordinance or call for an election.
Recommendation: Staff recommended the City Council adopt a resolution accepting the City Clerk's certification of sufficiency of signatures on the referendum petition protesting Ordinance No. 2089.
The City Council may also consider taking one of the following actions as provided by the Elections Code:
A. Adopt a resolution repealing Ordinance No. 2089; or
B. Adopt a resolution calling for an election no less than 88 days from the date of the resolution to submit the ordinance to the voters for approval; requesting that the Alameda County Registrar of Voters conduct the election; establishing dates for ballot measure arguments; and appropriating funds if a non-budgeted election is called.
City Clerk Sarah Bunting presented the staff report.
Mayor Marchand invited public comment.
David Kent spoke in support of the Wine Country Hotel and encouraged the City to move forward with the hotel as quickly as possible.
Evan Branning spoke in support of the Wine Country Hotel and urged City Council to move forward quickly. He also spoke regarding the costs to the community as the hotel is continually delayed.
Clark Streeter encouraged City Council to adopt Option B.
Lisa Tromovitch, Livermore, spoke in support of the Wine Country Hotel, agreed with other speakers' comments regarding the impacts to the City, and encouraged Council to move forward quickly.
Dawn Argula, Livermore Chamber of Commerce, spoke in support of the Wine Country Hotel and stated that the Chamber has information regarding the City's Downtown Plan available for residents.
Karl Wente spoke in support of building the Wine Country Hotel as quickly as possible.
CM Coomber spoke regarding frustrations with recent political advertisements not being truthful.
CM Munro spoke regarding the need to move forward with the Wine Country Hotel and be a reliable partner with Presidio. She supported putting the referendum on the March 3, 2020 ballot.
CM Woerner expressed concern that so much time had been spent on the hotel due to the referendum and he supported putting the item on the March 3, 2020 ballot.
VM Carling also supported adding the item to the March 3, 2020 ballot and encouraged residents to vote yes. He explained that the City conducted significant research to enable Council to make an informed decision regarding the City's Downtown Plan and the hotel.
Mayor Marchand agreed with other Council Members' comments. He noted that no one spoke in support of the referendum during public testimony. He also noted that the word park was not in the 58 pages of the referendum because it was about a hotel.
ON THE MOTION OF VM CARLING, SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED A RESOLUTION FOR THE FOLLOWING:
Resolution 2019-161 accepting the City Clerk's certification of sufficiency of signatures on the referendum petition protesting Ordinance No. 2089
ON THE MOTION OF CM MUNRO, SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED A RESOLUTION FOR THE FOLLOWING:
Resolution 2019-162 ordering the measure to the March 3, 2020 election.
Mayor Marchand appointed himself and VM Carling to the ballot argument subcommittee.
6.02 Update on the Fiscal Years 2019-21 City Council Goals and Priorities.
Recommendation: This report was for information only.
City Manager Marc Roberts presented the staff report.
In response to questions from CM Munro, Mr. Roberts spoke regarding how staff was continually making transportation safe for pedestrians, bicyclists, and cars with expanded bike lanes and other best practices.
Mayor Marchand invited public comment.
Karl Wente spoke regarding how the important goals and priorities were to running the City.
Janice Cargo, Livermore, spoke regarding her work in the Downtown and offered to help with any committees related to the Downtown.
6.03 Discussion and direction regarding term extension options and programmatic enhancements for the franchise agreement with Livermore Sanitation, Inc. for solid waste, recyclable materials, and compostable materials services.
Recommendation: Staff recommended the City Council direct staff to prepare a Franchise Agreement extension term of ten years, with the option for up to a five-year extension at the City's sole discretion, beginning July 1, 2020 or an extension for three and a half years; and direct staff to return with a resolution authorizing execution of the Third Amended and Restated Agreement with Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials, and Compostable Materials Services.
Public Works Director Scott Lanphier introduced the item and Public Works Supervisor Judy Erlandson presented the staff report.
Mayor Marchand invited public comment.
Judy Rzaca, Livermore, urged City Council to rethink the staff recommendation. She noted that LSI had several service issues and that the cost of service was higher than neighboring cities.
Mary Perner expressed concerns regarding the impacts of recycling and the cost of service for people on fixed incomes who had less trash. She requested that the contract allow for continual process improvement.
Greg Scott thanked CM Munro and CM Woerner for their time interviewing Human Services Commission applicants. Stated that the item didn't allow for changes over time. Spoke regarding the impact of rising costs for people on a fixed income. Also requested City Council ban plastic bags.
In response to questions from CM Munro, Ms. Erlandson clarified the size of garbage bin is not a significant factor in cost; low-income program is offered by LSI for people who qualify for the Pacific Gas & Electric (PG&E) CARE program; and the 10-year extension term contemplates how the City may manage increased issues with recycling.
City Manager Marc Roberts explained that the City was regulated by state law regarding recycling management.
In response to questions from CM Munro, Ms. Erlandson explained that if the City Council directed staff to issue an RFP, staff believed it could result in much higher rates.
CM Coomber spoke regarding LSI's lack of control over recycling going to China and that regular increases were expected. He expressed his support of LSI services.
In response to questions from CM Woerner, Ms. Erlandson stated that the City tracked driver performance to address issues. She noted that the City had received so few complaints regarding LSI that no trend existed.
CM Woerner supported the long-term contract due to significant cost savings.
VM Carling agreed that the long-term contract was best and expressed concern over the possibility of getting even higher rates if the City issued an RFP. He praised LSI for running on natural gas, picking up mattresses, and providing bins free of charge at homeless encampments.
In response to questions from VM Carling, Ms. Erlandson stated she had heard about aggressive truck drivers but had not witnessed it.
Mayor Marchand spoke regarding good environmental stewardship and the benefits of composting. He also spoke in support of LSI's flexibility and the long-term contract.
ON THE MOTION OF CM MUNRO, SECONDED BY VM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL DIRECTED STAFF TO PREPARE A TEN YEAR FRANCHISE AGREEMENT.
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 and CM Woerner reported their attendance at the committee meeting and board meeting.
California Air Resources Board (CARB) City Council directed staff to provide a memo outlining programs that turn government owned vehicles into electric vehicles.
Climate Crisis CM Munro expressed support for residents concerned about the climate crisis. City Council directed staff to provide information regarding the suggestions raised by speakers during Citizen's Forum regarding climate change.
Livermore Area Recreation and Park District (LARPD) CM Munro thanked LARPD for the renovation of Big Trees Park.
Homelessness Subcommittee CM Munro and VM Carling reported meeting with staff on September 27, 2019, to begin reviewing options regarding temporary shelters for transitional housing.
Visit Tri-Valley Luncheon CM Munro reported her attendance on September 18, 2019.
Livermore Valley Chamber of Commerce CM Munro and VM Carling reported attending the Wine Country Luncheon & Business Awards on September 26, 2019.
Tri-Valley Cities Dinner CM Munro and VM Carling reported their attendance.
League of California Cities (LOCC) CM Munro and VM Carling reported their attendance at the East Bay Division meeting on September 26, 2019.
Outbreak; The Art Show CM Munro and Mayor Marchand reported their attendance at the pop up art show on September 28, 2019.
Taste of Africa CM Munro reported her attendance on October 5, 2019.
Annual Livermore Municipal Airport 23rd Annual Open House & Air Show CM Munro and Mayor Marchand reported their attendance on October 5, 2019.
ArtWalk 2019 CM Munro, CM Woerner, and Mayor Marchand reported their attendance on October 12, 2019.
Livermore Valley Joint Unified School District (LVJUSD) CM Munro reported her attendance at the Special Olympic Soccer Competitions for the 2019-20 school year on October 10, 2019.
Census California 2020 CM Munro encouraged residents to participate in the census and assist with counting.
Metropolitan Transportation Commission (MTC) & Association of Bay Area Governments (ABAG) CM Munro reported that MTC and ABAG were creating Plan Bay Area 2050, a long-range strategic plan for the future of the Bay Area. She encouraged residents to participate by reading information and providing feedback.
Valley Link Rail CM Woerner and Mayor Marchand reported their attendance at the board meeting on October 9, 2019.
Livermore Valley Performing Arts Center (LVPAC) CM Woerner reported meeting with board members.
Stopwaste.org VM Carling reported attending the Waste Management Authority Board & Energy Council meeting September 25, 2019 and the Recycling Board/Planning Committee meeting on October 10, 2019.
Altamont Community Monitor Committee VM Carling reported his attendance at the October 9, 2019 meeting.
Filipino Dinner & Installation VM Carling reported his attendance on October 12, 2019.
Local Bicycle Events VM Carling announced recent bicycle events including: Jackson Avenue Elementary held a bicycle repair event on September 28, 2019, where 84 children's bicycles were fixed and Livermore Bikes and Brews, would be raising money to provide bikes to local kids on October 19, 2019.
4th Annual Native American Day Mayor Marchand reported his attendance on September 28, 2019.
Altamont Cruiser's 30th Nostalgia Day Car Show Mayor Marchand reported his attendance on September 29, 2019.
Livermore Valley Chamber of Commerce Mayor Marchand reported his attendance at the business alliance meeting on October 2, 2019.
Livermore Valley Joint Unified School District (LVJUSD) Mayor Marchand reported his attendance at the Special Olympics Soccer Competition for the 2019-20 school year on October 3, 2019.
San Joaquin Regional Rail Commission (SJRRC) Mayor Marchand noted his attendance at the October 4, 2019 meeting.
Alameda County Transportation Commission (ACTC) Mayor Marchand reported his attendance at the October 14, 2019, I-580 Express Lane Policy and Planning, Policy, and Legislative committee meetings.
Updates & Events Mayor Marchand announced SB5 and SB127 were vetoed by the Governor. and SB328 was signed into law. He also shared several upcoming community events.
Emergency Operations Center City Council directed staff to place an item on the October 28, 2019 City Council agenda naming the new emergency operations center William Mendenhall Community Room.
ADJOURNMENT - 9:41 pm in memory of Joshua Gatkin Sr., retired Livermore-Pleasanton Fire Captain, to a special City Council meeting on October 21, 2019 at 6:30 pm, Cabernet Conference Room, 1052 S. Livermore Avenue, Livermore; and to a regular City Council meeting on October 28, 2019 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.
JOHN P. MARCHAND, MAYOR
SARAH BUNTING, CITY CLERK