Livermore City Council 1/13/2020

 

CALL TO ORDER / PLEDGE OF ALLEGIANCE

CITIZENS FORUM

CONSENT CALENDAR

PUBLIC HEARINGS

MATTERS FOR CONSIDERATION

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

ADJOURNMENT


CITY COUNCIL


January 13, 2020

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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.

ADJOURN TO CLOSED SESSION

1. Conference with Legal Counsel - Anticipated Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(4) to decide whether to initiate litigation based on existing facts and circumstances. (One case.)

2. Conference with Legal Counsel - Anticipated Litigation. To meet with legal counsel 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. (One Case.)

§ 54956.9(e)(1) - Facts and circumstances that might result in litigation against the City which the City believes are not yet known to a potential plaintiff or plaintiffs.

3. Conference with Legal Counsel - Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated. (One consolidated case)

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)

4. Conference with Real Property Negotiator. To meet with Paul Spence and Christine Martin, 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 Burhan and Monya Lane on behalf of Quest Science Center (formerly named the Livermore Science and Society Center), a California non-profit corporation. The instructions will concern price and terms of payment in further of the exclusive negotiation rights agreement first authorized by the City Council on June 11, 2018.

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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 7:01 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 - NONE

3.

CITIZENS FORUM

Greg Scott expressed condolences at the loss of sheriff's detective Amber Leist and Livermore resident Robert McKenzie. He also spoke regarding homelessness in Alameda County.

Ben Granholm, Western Propane Gas Association, spoke in support of providing diverse energy options and recommended the use of propane as a source of power.

Bruce Shore expressed appreciation for the outreach performed by the city as part of the downtown development process.

Evan Branning expressed appreciation for the outreach process conducted by the City related to the development of the downtown.

Doug Mann spoke regarding the City's Request for Proposal (RFP) process and encouraged City staff to design a process that would get the best responses. He also encouraged companies to speak with city staff if they have questions.

Laning Thompson spoke regarding homelessness in Livermore and requested Council create a regulated commons area for the homeless that would allow RV's to participate.

4.

CONSENT CALENDAR

Item 4.03 Council Member Munro spoke regarding a potential Climate Action Plan Advisory Committee and encouraged people to participate.

Item 4.03 Van Rainey requested clarification on how the public is going to be involved with the CAP process and what the role of the subcommittee will be.

In response to questions from Mr. Rainey, Community Development Director, Paul Spence explained that public outreach at local events, school outreach and a web presence will all be provided to encourage applicants.

Item 4.05 Council Member Woerner encouraged staff to use local vendors when purchasing goods and services if possible.

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

4.01 Approval of draft minutes - October 28, 2019 regular meeting, November 25, 2019 regular meeting, December 2, 2019 special workshop, and December 19, 2019 special workshop.

4.02 Adoption of Ordinance 2091 approving Municipal Code (MUNI) Amendment 19-002, Water Efficient Landscape Ordinance Update.

4.03 Resolution 2020-001 authorizing execution of a professional services agreement with Rincon Consultants, Inc. in an amount not to exceed $215,000 to update the Climate Action Plan.

4.04 Resolution 2020-002 authorizing execution of a Professional Services Agreement with Galvin Preservation Associates Inc., DBA GPA Consulting in an amount not to exceed $175,000 to update the Historic Resources Inventory, complete a Historic Context Statement, peer-review potential historic preservation policy changes, and provide staff with technical support.

4.05 Resolution 2020-003 authorizing the purchase of six replacement patrol vehicles from Tracy Ford in an amount not-to-exceed $244,535.

4.06 Resolution 2020-004 authorizing the City Manager to execute a task order for various water studies under the Tri-Valley Intergovernmental Reciprocal Services Master Agreement and appropriating $250,000 in Water Enterprise funds.

4.07 Resolution 2020-005 authorizing the City Manager to execute an additional $6,085 in change orders up to a cumulative not to exceed amount of $317,085 with D-Line Constructors and authorizing the acceptance for permanent maintenance and release of the security bonds for the Stream Maintenance Program Annual Projects, Project No. 2013-23.

4.08 Resolution 2020-006 authorizing the acceptance for permanent maintenance and release of the security bonds for the Street Light Pole Replacement, Project No. 2001-13; New Street Light Luminaire Installation, Project No. 2018-39; Sculpture Lighting, Project No. 2018-41; and Livermore Village (Downtown Temporary) Parking Lot Lighting Improvements, Project No. 2014-37.

4.09 Resolution 2020-007 to summarily vacate and authorize the City Manager to quit claim an existing Emergency Vehicle Access Easement (EVAE) at the Topcon Positioning Systems Inc. facility on National Drive.

4.10 Resolution 2020-008 authorizing the extension of the Exclusive Negotiating Rights Agreements with Quest (formerly Livermore Science and Society Center) and Resolution 2020-009 with Shakespeare's Associates, Inc.

5.

PUBLIC HEARINGS
5.01 Hearing to consider an appeal of the Planning Commission's approval on November 5, 2019 of the Livermore Wine Country Inn Site Plan and Design Review (SPDR) 19-004 and the Conditional Use Permit (CUP) 19-006.

Location: Southwest corner of Hansen and Arroyo Roads (APN 099046000800)

Site Area:3.2± acres

Applicant: Michelle Boss - LWCI, LLC

Applicant Numbers: Site Plan Design Review (SPDR) 19-004 and Conditional Use Permit (CUP) 19-006

Public Improvements: New sidewalk along Hansen Road connecting to the regional trail and associated landscaping improvements.

Zoning: Planned Development-South Livermore Valley Specific Plan (SLVSP), Planned Unit Development Amendment (PUDA) 01-001

General Plan: South Livermore Valley Specific Plan (SLVSP), Subarea 5, Vineyard Commercial (SV-VC)

Specific Plan: Subarea 5, Commercial Site (5D2)

Historic Status: None

CEQA: A Mitigated Negative Declaration under the provisions of the California Environmental Quality Act (CEQA) will be considered.

Recommendation: Staff recommends the City Council adopt a resolution denying Appeal 19-001 and uphold Planning Commission's approval of Site Plan and Design Review (SPDR) 19-004 and Conditional Use Permit (CUP) 19-006, subject to conditions, and direct the City Clerk to file a Notice of Determination of the City Council's certification with the Alameda County Clerk.

In response to questions from CM Woerner, City Attorney, Jason Alcala, clarified the City Council's role in the appeal process.

Kam Purewal, Assistant Planner, provided the presentation.

In response to questions from VM Carling, Mr. Purewal clarified that the Planning Commission requirements would reduce the number of trips going west on Hansen Road.

Lance Cornell (applicant), STG Architects, provided a presentation.

In response to questions from CM Woerner, Mr. Spence clarified that the role of City Council was to determine if the action taken by the Planning Commission complied with the rules.

Mayor Marchand provided the appellant the opportunity to speak:

Peter Young highlighted points of a letter written by his attorney. He expressed concerns with the setback distance requirements, the removal of vines, conflicts between the restaurant design and South Livermore Valley Specific Plan (SLVSP), restaurant seating, and available parking.

Mayor Marchand opened the public hearing.

Brad Tucker spoke in support of the Wine Country Inn and urged Council to deny the appeal.

Brandi Addington, Livermore Valley Winegrowers Association, spoke in support of the Wine Country Inn and the need for a hotel and restaurant in Livermore.

Ian O'Leary, Livermore Valley Winegrowers Association, spoke in support of the Wine Country Inn.

Donna Cabanne, Friends of South Livermore, spoke in support of the appeal and urged Council to require a full Environmental Impact Report (EIR). She also urged Council to make changes regarding traffic, parking, wine bars, first floor decks, and tree and vine requirements.

Terry Lagiss spoke in support of the Wine Country Inn.

Jim Gulseth spoke in support of the Wine Country Inn and urged Council to reject the appeal.

Bruce Mackinlay spoke in support of the Wine Country Inn and urged Council to reject the appeal.

John Nunes spoke in support of the appeal and urged Council to send the project back to Planning Commission to meet additional requirements and remedy inconsistencies.

Van Rainey spoke in support of the Wine Country Inn and urged Council to deny the appeal.

Dennis Elchesen, Livermore, supported the Wine Country Inn but expressed concerns regarding inadequate parking and urged Council to uphold the appeal.

Sonia & Mia Cole spoke regarding concerns about having the location of the Inn entrance on Hansen Road and supported the entrance being moved to Arroyo Road. She also had concerns about inadequate parking for events at the hotel.

Peter Young stated concerns related to parking and conflicts with the SLVSP. He requested Council uphold the appeal.

Ann Young spoke regarding excess traffic associated with the Wine Country Inn plan presented and urged Council to uphold the appeal.

Nancy Bankhead spoke in support of the appeal going to arbitration so both sides could come to an agreement.

Kendall Smith spoke regarding the benefits of the SVLSP and agreed that setbacks needed to be adjusted. He also expressed concerns regarding the large size of the conference room and urged Council to uphold appeal.

John Marion spoke in support of the Wine Country Inn.

Sylvia Ramos-Hans expressed concerns regarding the environmental impact and location of the Inn as well as safety of children in the neighborhood if the appeal is denied.

Sam Braudrick spoke regarding the need for accommodations in Livermore and supported the Wine Country Inn.

Dennis O'Brien, Livermore, spoke in support of the Wine Country Inn but expressed concern regarding the large size of the hotel and the need for additional parking in the current plan.

Michelle Deplitch, Livermore, spoke in support of the appeal and expressed concern regarding the large size of the Inn. She also asked that the entrance be moved to Arroyo Road.

Will Deplitch, Livermore, requested Council uphold the appeal due to the impact on public safety, traffic, and the residential neighborhood.

Tim Otto spoke in support of the Wine Country Inn.

David Furst, Friends of Open Space and Vineyards, spoke in support of the Wine Country Inn and stated that it meets the SLVSP. He urged Council to keep the entrance on Hansen Road.

Terry Land, Livermore, spoke in support of the Inn and agreed with Mr. Furst regarding the entrance staying on Hansen Road.

Nick Harves spoke in support of the Wine Country Inn.

Steven Mirasson spoke regarding the need for visitors and investors in Livermore and urged Council to deny the appeal.

Betsy Johnston spoke in support of arbitration and requested Council send the plan back to Planning Commission to be redeveloped.

Michael Fredrich spoke in support of the Wine Country Inn but expressed concerns that the area would become a high-density housing area.

Dawn Argula, CEO Chamber of Commerce, spoke in support of the Wine Country Inn.

Harrison spoke in support of the appeal and expressed concern regarding the impact of traffic.

Doug Mann spoke in support of the appeal.

Lisa Tromovich, Livermore, spoke in support of the Wine Country Inn and urged Council to deny the appeal.

Jacqueline Jarin-Ranke expressed concern regarding additional traffic down Arroyo Road and the large size of the conference room.

There were no more speakers and the hearing was closed.

Planning Manager, Steve Stewart, responded to the appellant stating that the setbacks implemented the zoning and the zoning implemented the specific plan. The conference space was very typical of a hotel and was about 500 feet smaller than the Purple Orchid hotel. The restaurant/bar was considered ancillary to hotel use, was the appropriate size to match provided parking, and contribute to the viability of the Inn.

In response to questions from Mayor Marchand, staff clarified that grape vines would need to be cut in order to move the entrance to Arroyo Road which would violate the SLVSP. The development agreement also required the entrance to remain on Hansen Road.

In response to questions from CM Woerner, Marc Roberts, City Manager, clarified that Council does not have the latitude to move the entrance of the Inn.

Mr. Stewart clarified that the current hotel proposal meets the City's requirements without the overflow parking and that past practice allowed plans for overflow parking.

Mr. Roberts clarified that overflow parking is not required or limited by the Municipal Code which gives Council flexibility and clarified that the plan presented is consistent with the specific plan.

In response to CM Woerner, Mr. Roberts clarified that Council could address the setback, overflow parking and removal of vines.

CM Woerner recommended no overflow parking.

In response to questions from CM Woerner, the architect for the project clarified that the conference space would be mostly used for smaller groups. CM Woerner, Coomber and Munro expressed support for the conference space.

In response to questions from CM Woerner, Mr. Stewart clarified that nothing in the rules prohibited a conference room.

In response to questions from Mayor Marchand, Bob Vinn, Assistant City Engineer, clarified that traffic would be impacted, however, the study performed indicated that no significant congestion would occur because of this project. Mr. Vinn also clarified that there was not enough traffic to justify a four way stop on Hansen.

In response to questions from CM Woerner, Mr. Stewart clarified that none of the trees planned to be removed were historical.

Mr. Roberts clarified that deciding whether the applicant replace removed trees or donate to the Urban Tree Fund was within Council prevue.

In response to questions from CM Woerner, Mr. Stewart clarified that the Inn was outlined in the specific plan with certain requirements and that no issues existed regarding the name of the Inn.

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 2020-010 denying Appeal 19-001 and uphold Planning Commission's approval of Site Plan and Design Review (SPDR) 19-004 and Conditional Use Permit (CUP) 19-006, subject to conditions, and direct the City Clerk to file a Notice of Determination of the City Council's certification with the Alameda County Clerk with the addition of the following three conditions:

1. The project shall provide additional trees planted along arroyo road; a one-to-two ration for all removed trees; and provide on-site planting for any removed trees; and

2. Overflow parking shall be removed from the 100-foot buffer along Arroyo Road; and

3. The maximum number of seats in the restaurant is 77-seats; any increase would require review and approval from planning commission.

6.

MATTERS FOR CONSIDERATION

6.01 Resolution authorizing the appropriation of $240,000 from the Holmes Street Wall Replacement Phase I Project No. 2006-54 from FY 2020-21 to FY 2019-20; awarding contracts to GradeTech Inc. in an amount not to exceed $488,091 and Calco Fence Inc. in an amount not to exceed $175,812; directing staff to develop fence design guidelines for arterial backing lots and gateway locations and appropriating $20,000 for consulting support services related to the Holmes Street Wall Replacement Phase I, Project No. 2006-54.

Recommendation: Staff recommends City Council adopt a resolution: 1. Appropriating $240,000 in General Funds from the Decorative Wall Replacement - Citywide, Holmes Street Wall Replacement Phase I Project No. 2006-54 from Fiscal Year 2020-21 to Fiscal Year 2019-20; 2. Awarding contracts to GradeTech Inc. and Calco Fence Inc., in the not to exceed amounts of $488,091 and $175,812 respectively, for construction of the Decorative Wall Replacement - Citywide, Holmes Street Wall Replacement Phase I, Project No. 2006-54; and 3. Directing staff to develop fence design guidelines for arterial backing lots and gateway locations throughout the City and appropriating $20,000 in General Funds for consulting support services.

Cheri Sheets, City Engineer, presented the staff report.

In response to VM Carling, Mrs. Sheets clarified that property owners were satisfied with phase I and discussion continued regarding phase II.

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

Resolution 2020-011 1. Appropriating $240,000 in General Funds from the Decorative Wall Replacement - Citywide, Holmes Street Wall Replacement Phase I Project No. 2006-54 from Fiscal Year 2020-21 to Fiscal Year 2019-20;2. Awarding contracts to GradeTech Inc. and Calco Fence Inc., in the not to exceed amounts of $488,091 and $175,812 respectively, for construction of the Decorative Wall Replacement - Citywide, Holmes Street Wall Replacement Phase I, Project No. 2006-54; and 3. Directing staff to develop fence design guidelines for arterial backing lots and gateway locations throughout the City and appropriating $20,000 in General Funds for consulting support services.

6.02 Discussion and direction regarding the request that Citizens for a Livermore Central Park have interested hoteliers submit proposals for a Downtown west side hotel for City review.

Recommendation: Staff recommends the City Council discuss and provide direction related to the request that Citizens for a Livermore Central Park have interested hoteliers submit proposals for a Downtown west side hotel for City review.

Mayor Marchand introduced the item. Mr. Stewart stated the City had not received any response from the Citizens for a Livermore Central Park group related to the submission of hotelier proposals.

Mayor Marchand invited public comment.

Van Rainey, Livermore, urged Council to move forward with the downtown hotel on the east side.

Lynn Seppala stated that the citizen outreach program identified residents would prefer a west side hotel. He stated that no developer would submit a proposal with an existing agreement in place with Presidio companies.

Michael Fredrich read a statement on behalf of William Dunlap, that no developer would submit a proposal under existing conditions.

Doug Mann stated that another hotel submitting a proposal would be unethical and urged council to reverse the development agreement with Presidio.

Jeff Kaskey stated that no developer would be interested in building a hotel with a commitment to Presidio in place.

Loretta Kaskey, read a statement on behalf of Jean King stating that the interested hotelier was unable to respond until the City was committed to a west side hotel location and Presidio was no longer interested.

Tamara Reus stated that no developer would respond to the request while Presidio was interested.

Mayor Marchand stated that the City Council had heard for a year that another developer, in addition to Presidio, was interested in building a hotel on the west side and now they were being told the other developer was Presidio.

VM Carling, CM Coomber, and CM Munro expressed support for building the hotel on the east side.

Mayor Marchand expressed concern that the community is misinformed with the idea that another developer exists. He supported moving forward with the east side hotel.

CM Woerner stated that an east side hotel has been developed by an experienced hotelier and the other side has nothing real.

6.03 Resolution authorizing City staff to submit applications to Plan Bay Area 2050 regarding proposed Priority Designation Areas for future transit-oriented development, trail and open space conservation, and innovation and production areas.

Recommendation: Staff recommends the City Council adopt a resolution authorizing City staff to submit applications to Plan Bay Area 2050 to designate areas within the City of Livermore as the following priority designations:

The future Valley Link Southfront Road Station Area as a new Priority Development Area.

The Arroyo Las Positas Trail and a portion of First Street as new Priority Conservation Areas for trail and bike lane/urban greening improvements.

The Oaks Business Park and Eastern Industrial Area as Priority Production Areas.

Andy Ross, Associate Planner, presented the staff report.

Mayor Marchand invited public comment.

Greg Scott spoke regarding maintaining the City's agricultural land for the future and the shortage of fresh water that will be experienced.

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

Resolution 2020-012 authorizing City staff to submit applications to Plan Bay Area 2050 to designate areas within the City of Livermore as the following priority designations:

1. The future Valley Link Southfront Road Station Area as a new Priority Development Area

2. The Arroyo Las Positas Trail and a portion of First Street as new Priority Conservation Areas for trail and bike lane/urban greening improvements

3. The Oaks Business Park and Eastern Industrial Area as Priority Production Areas

ON THE MOTION OF CM WOERNER, SECONDED BY VM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL VOTED TO CONTINUE THE BALANCE OF THE AGENDA ITEMS PAST 11:00 PM.

6.04 Discussion and direction on policy related to regulating single-use disposables and packaging foodservice ware.

Recommendation: Staff recommends the City Council discuss policy alternatives for addressing the use of single-use disposable foodservice ware and packaging foodservice ware by Livermore food vendors and provide feedback to the Alameda County Waste Management Authority (ACWMA) Board.

Marisa Gan, Recycling Specialist, presented the staff report.

In response to questions from CM Woerner, Judy Erlandson, Public Works Manager, clarified that having a regional ordinance with local enforcement would be more expensive.

VM Carling asked what the preference of Council would be, model ordinance, regional ordinance or nothing.

Mayor Marchand invited public comment.

Michael Fredich urged Council to consider how this would impact wineries with catering events that use disposable serve ware.

Dawn Argula encouraged Council to do outreach to hospitality businesses in the area. She suggested different approaches like phasing might be helpful.

Mayor Marchand expressed concerns regarding recyclables ending up in the landfill because people do not wash them.

CM Coomber spoke regarding the need for action on this problem.

CM Munro agreed that the City should do something. She expressed interest in outreach to students and liked the idea of a credit to bring your own foodservice ware.

Council Members concurred that StopWaste should explore a regional project that minimized water use, used compostable packaging, and had low overhead.

6.05 Appointment of Vice Mayor.

Recommendation: Staff recommends the Mayor appoint a Vice Mayor for the period of 2019-2020.

Mayor Marchand expressed appreciation for VM Carling's service and appointed CM Woerner as Vice Mayor for 2020.

6.06 Discussion and direction regarding the preparation and dissemination of factual information concerning the referendum against ordinance no. 2089 approving a Development Agreement with 2205 Railroad Ave. LLC for the Wine Country Hotel at the Bankhead Project.

Mayor Marchand introduced the item.

VM Woerner expressed a desire to make sure people were properly informed so they could make good decisions.

Mayor Marchand invited public comment.

Maryann Brent spoke in support of the Central Park Plan. She expressed disagreement that the Central Park Plan would cause a four-year delay and stated that it could be built in the same amount of time as a west side hotel.

Michael Fredrich stated that if AB 1486 blocks a west side hotel, it may also block anything that is a non-housing component.

Linda Milanese spoke in support of the Central Park Plan, stating that a west side hotel would result in more revenue for the City.

Jeff Kaskey stated that contradictory messaging is being communicated related to an east side hotel versus a west side hotel.

Loretta Kaskey read a statement on behalf of Jean King stating parking was the number one priority based on community outreach and that the Central Park Plan provided more parking than the City Plan.

Tamara Reus stated that the impact of AB 1486 on the Central Park Plan and downtown development is unknown. She spoke in support of the Central Park Plan and the placement of affordable housing.

Laning Thompson stated that the agreement with Presidio must include information regarding below market rate apartments intended for moderate income families. She spoke in support of affordable housing in the City.

Karl Wente stated that confusion exists regarding the referendum and supported the dissemination of factual information.

VM Woerner communicated that there is a need for the dissemination of factual information. In response to questions form VM Woerner, staff responded that the I Street garage does not need to be built prior to the hotel next to the Bankhead, the parking spaces are not decreased with the plan, the L Street garage does need to be built prior anything being built in the northwest corner, the site on the west side is contaminated and cannot be remediated without eliminating parking spaces. Therefore, the L Street garage must be built prior to remediation.

CM Carling expressed that revenue suggested by the Central Park Plan is not factual.

CM Munro stated the importance of staff communicating with residents and making sure they are informed.

In response to CM Munro, City Attorney, Jason Alcala, clarified the impacts that AB 1486 would have.

CM Coomber supported the dissemination of factual information at a staff level.

Mayor Marchand stated the City has a crisis on credibility and supported the dissemination of factual information to the community.

VM Woerner requested staff come back with facts around each of the following topics: summary of AB 1486, steering committee results related to the demand on hotel rooms, construction timelines and requirements and parking implementation phases.

In response to questions from VM Woerner, Mr. Alcala stated that the City is not violating the Constitution with their actions.

Mr. Alcala clarified the guidelines for disseminating information stating that the City cannot print or use public resources to create campaign material but they could create objective fact based reports.

6.07 Discussion and direction regarding the preparation and dissemination of factual information concerning the initiative changing development regulations in downtown Livermore and amending regulations to allow housing at the Civic Center.

Item 6.07 was continued to the next meeting.

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

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

Item 7.01 was continued to the next meeting.

8.

ADJOURNMENT - at 12:33 am in memory of Robert McKenzie to a regular City Council meeting on Monday, January 27, 2020 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK