February 10, 2020
CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor John Marchand at 6:30 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.
ROLL CALL - Present: Mayor John Marchand, Vice Mayor Bob Woerner, and Council Members Robert W. Carling, Bob Coomber, and Trish Munro.
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.)
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 Bob Woerner, and Council Members Robert W. Carling, Bob Coomber, and Trish Munro.
1.02 PLEDGE OF ALLEGIANCE
Pledge of allegiance was led by Del Arroyo 4-H group.
1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION
City Attorney Jason Alcala said there was no reportable action.
PROCLAMATIONS AND PRESENTATIONS
2.01 Presentation of the Poet Laureate Annual Update
Cynthia Patton presented the Poet Laureate update.
Stella Wettig Razo, Livermore, spoke regarding the importance of regular maintenance of city parks.
Caleb spoke regarding the benefits of participating in 4-H.
Greg Scott spoke regarding homelessness in Livermore.
Neil Herrick spoke regarding the need for both sides of Measure P to act as role models and limit divisiveness.
Maryann Brent spoke regarding scare tactics related to the Central Park Plan were .
Elizabeth Judge spoke regarding a decline in civility related to the downtown plan.
In response to Stella Wettig Razo comments, Mayor Marchand stated that the City would inform the Livermore Recreation and Parks District.
Mayor Marchand explained that the downtown plan was created based on the steering committee's results. He encouraged speakers to maintain perspective and asked that vandalism to campaign signs stop.
ON THE MOTION OF CM MUNRO, SECONDED BY CM COOMBER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
Item 4.01 Miranda Munro spoke in support of the Climate Action Plan advisory committee and asked that their scope be broadened to consider all inputs and outputs.
Luba Leah Casner spoke in support of the Climate Action Plan and requested more be done to keep trash out of rivers and lakes.
Greg Scott spoke regarding the effect of CO2 emissions on climate. He encouraged the incorporation of social justice and housing in the Climate Action Plan (CAP).
Van Rainey requested clarification on the role of the consultant hired to assist with the CAP and encouraged collaboration with other organizations.
Daniel Lieberman applauded the Council's effort to update the CAP; highlighted the need for efforts related to adaptation; and encouraged Council to identify opportunities to reduce industries. He also encouraged City Council fund the CAP appropriately and take advantage of the experts in the area.
Jean King spoke in support of the CAP and highlighted events in the City related to climate action.
Karl Wente spoke in support of the CAP.
Item 4.04 Greg Scott spoke regarding affordable housing and the need to find new solutions with fewer resources.
Ken Bradley expressed concern regarding the loan agreement and monitoring requirements to ensure the company meets the terms of the agreement.
Item 4.06 Andrew Barker encouraged Council to connect the pedestrian and bicycle bridge to useful infrastructure.
In response to comments from Mr. Barker, Community Development Director, Paul Spence confirmed that the City would be connecting the bridge to additional infrastructure in the future.
In response to Mr. Bradley, Mr. Spence stated that the timeframe of the loan could be extended to ensure the loan could be repaid.
CM Munro asked that youth be represented at a variety of ages when recruiting for the Climate Action Plan Advisory Committee and expressed her support for a committee of 9.
Mayor Marchand stated that the City has been working with 15 other agencies to bring Valley Link Rail to the region.
4.01 Resolution 2020-015 establishing a Climate Action Plan (CAP) Advisory Committee and approving the Rules of Procedure and appointment process.
4.02 Resolution 2020-016 authorizing the acceptance for permanent maintenance and release of the security bonds for the ADA Access Ramps 2019, Project No. 2019-07.
4.03 Resolution 2020-017 authorizing the acceptance for permanent maintenance and release of the security bonds for the 2019 Slurry Seal Project. Project No. 2019-04.
4.04 Resolution 2020-018 authorizing the appropriation of an additional $1,203,832 from Fund 611 (Affordable Housing Trust Fund) for a total loan amount not to exceed $5,503,832 for development of the property located at 4260 First Street; authorizing execution of a second amendment to the Affordable Housing Loan Agreement, and execution of a second amendment to the Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants with MP Avance Associates L.P.
4.05 Resolution 2020-019 authorizing the execution of an amendment to the agreement with DC Electric Group Inc. for streetlight maintenance services, increasing the total amount of compensation by $200,000 for a total agreement amount of $400,000.
4.06 Resolution 2020-020 awarding and authorizing the execution of an agreement with Granite Rock Company in an amount not to exceed $1,998,896 for construction of the Iron Horse Trail - Isabel Avenue to Murrieta Boulevard Project, CIP 2017-24.
4.07 Resolution 2020-021 authorizing the execution of On-Call Engineering Services Agreements with Schaaf & Wheeler Consulting Civil Engineers, Carollo Engineers, Inc., HDR Engineering, Inc., HydroScience Engineers, Inc., and West Yost Associates for utility projects.
5.01 Hearing to consider a Disposition and Development Agreement with Quest Science Center for the lease and development of the downtown science and society center cultural facility.
Location: South of Railroad Avenue, west of South Livermore Avenue within Stockmen's Park on the former Livermore Village site. New parcels will be created in order to implement the Downtown Core project components, including this cultural facility. The new parcels will include portions of the existing properties located at APNs 098-0289-020-00, 098-0289-002-01, 098-0289-019-00, 098-0289-018-00, 098-0289-021-00.
Applicant: Quest Science Center
Site Area: Approximately 0.33 acres
Application Number: Disposition & Development Agreement (DDA) 20-001
Public improvements: Various
Zoning: Downtown Specific Plan
General Plan: Downtown Area
Historic Status: None
CEQA: The environmental impacts of the project were analyzed by, and the project is consistent with, the 2019 Addendum to the Downtown Specific Plan 2009 Subsequent Environmental Impact Report.
Recommendation: Staff recommends the City Council:
1. Direct staff to file a Notice of Determination consistent with the provisions of the California Environmental Quality Act;
2. Adopt a resolution authorizing the City Manager to execute the Disposition and Development Agreement (DDA) and other documents necessary to effectuate the purposes of the DDA.
Deputy City Manager Christine Martin presented the staff report.
Mayor Marchand opened the public hearing.
Monya Lane (applicant) thanked City staff and expressed excitement for the project.
Lisa Tromovich, Shakespeare Festival; Dave Finster, Livermore Stockman's Rodeo; and Alan Burnham, Quest Science Center urged Council to approve the DDA.
Karl Wente spoke in support of the DDA.
There were no more speakers and the hearing was closed.
CM Munro, CM Woerner, and Mayor Marchand spoke in support of the project and the stringent terms of the agreement.
ON THE MOTION OF CM CARLING, SECONDED BY CM MUNRO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2020-022 authorizing the City Manager to execute the Disposition and Development Agreement (DDA) and other documents necessary to effectuate the purposes of the DDA.
5.02 Hearing to consider a request to develop a three-story, mixed-use building on the northeast corner of Third Street and K Street. The project includes approximately 950 square feet of ground floor retail space, eight market-rate rental apartments on the second and third floors, a rooftop deck, a ground floor parking garage, and new street frontage improvements. The project also includes a Downtown Specific Plan Amendment to rezone the property, along with two adjacent parcels, from the Downtown South Side Neighborhood to Subarea 3 of the Downtown Core. An Addendum to the Downtown Specific Plan 2009 Supplemental Environmental Impact Report will be considered.
Location: 2108 Third Street
Site Area: Specific Plan Amendment (SPPA): 0.69± acres, Downtown Design Review (DDR): 0.12± acres
Applicant: Rob Dondero
Application Numbers: Downtown Design Review (DDR) 18-020 and Specific Plan Amendment (SPPA) 18-002
Public improvements: Street frontage improvements on Third Street and K Street.
Zoning: Downtown Specific Plan (DSP) - South Side Neighborhood
General Plan: Downtown Area (DA)
Historic Status: None
CEQA: An Addendum to the Downtown Specific Plan 2009 Supplemental Environmental Impact Report will be considered.
Recommendation: The Planning Commission and staff recommend the City Council adopt two resolutions:
1. Approving an addendum to the Downtown Specific Plan 2009 Subsequent Environmental Impact Report;
2. Approving Specific Plan Amendment 18-002 and Downtown Design Review 18-020;
3. Directing staff to file the necessary Notices of Determination consistent with the provisions of the California Environmental Quality Act.
Associate Planner, Patricia Pontau presented the staff report.
In response to questions from CM Munro, Mrs. Pontau, explained that the one electric car parking space was a requirement of the California Building Code.
Gaylin Grant (applicant), FCGA Architecture, spoke in support of the project.
Mayor Marchand opened the public hearing.
Jean King expressed concern regarding the loss of seven parking spaces as a result of the project. She also requested clarification regarding the requirement of private and public open space.
Andrew Barker urged City Council to approve the project, add bike lanes, and requested that the Council not require additional parking due to the difficult nature of the parcel.
Ian Karlin agreed with Mr. Barker and supported bike friendly and pedestrian friendly development. He urged the Council not to add additional parking in the interest of the environment.
Karl Wente expressed support for the project and agreed with comments from Mr. Barker and Mr. Karlin.
There were no additional speakers and the hearing was closed.
Mrs. Pontau clarified that the rooftop deck does not count towards public open space.
In response to questions from CM Carling, the applicant clarified that no manager would be onsite and residents would call the owner if issues arose.
Rob Dondero, owner of the property, stated that a backup generator is not included due to the cost of the project.
CM Munro spoke in support of the project and stated that she would like to see additional electric car parking spots but would not require it.
CM Coomber spoke in support of the project.
Regarding bike lanes, Community Development Director, Paul Spence clarified that bike lanes are part of the City's long term plan.
VM Woerner clarified that completing the L Street garage is a component of the addition of bike lanes in the future.
ON THE MOTION OF VM WOERNER, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:
Resolution 2020-023 approving an addendum to the Downtown Specific Plan 2009 Subsequent Environmental Impact Report.
Resolution 2020-024 approving Specific Plan Amendment 18-002 and Downtown Design Review 18-020.
MATTERS FOR CONSIDERATION
6.01 Discussion and direction regarding potential City Council sponsored measures for upcoming elections.
Recommendation: The City Council Subcommittee on Initiatives recommends the City Council receive its oral report and then provide direction to the committee and to staff regarding potential City sponsored measures for upcoming elections.
The City Council Subcommittee on Initiatives, including VM Woerner and CM Munro, presented the report. The subcommittee considered zoning and financing related to the effects of the November initiative.
The subcommittee recommended that a zoning initiative not be added to the November ballot. However, they identified that there was no budget in place to implement zoning changes if the November initiative passed. The subcommittee will revisit a parcel tax initiative in April as things evolve.
In response to questions from VM Woerner, City Attorney Jason Alcala and City Manager Marc Roberts clarified that the due date for adding an initiative to the November ballot was 88-days prior to the election.VM Woerner requested staff educate the subcommittee through briefings in March or April.
In response to VM Woerner, Mr. Roberts stated staff would bring back a schedule related to potentially adding an initiative to the November ballot.
Mayor Marchand invited public comment.
Elizabeth Judge expressed confusion regarding the intent of the item. She recommended a circulating bus or trolley to help with transportation.
Jean King expressed frustration regarding efforts to disrupt the Central Park Plan.
Richard Ryon expressed concern that a parcel tax would be used as an effort to get residents to vote yes on Measure P.
Karl Wente spoke regarding the financial impact of the initiative to the millennial generation. He requested City Council take the cost, revenue, and upkeep into account.
Tamara Reus spoke against a parcel tax and in support of the Central Park Plan.
Jeff Kaskey, Livermore, spoke regarding a developer sponsored flyer that addressed a parcel tax. He expressed concern that the developer had information the public did not.
Michael Ferrucci agreed with Mr. Kaskey and Mrs. Reus' comments and spoke in opposition of Measure P.
Ian Karlin agreed with Mr. Wente on the importance of understanding the cost. He urged City Council to move forward with the downtown plan.
CM Carling expressed concern regarding the financial calculations associated with the revenue of the Central Park Plan and disliked the concept of putting affordable housing units outside the center of town.
CM Coomber stated he was unaware of a parcel tax and spoke in support of the City's Plan.
CM Munro stated that she has no desire to have a parcel tax to redo the downtown but if the initiative passed the City will need to find a way to pay for it. In response to comments from Mrs. Judge, CM Munro expressed appreciation for the idea of a circulating bus or trolley.
VM Woerner expressed concern regarding the credibility of the financial analysis provided by the initiative committee. He stated that the City Council is responsible for finding a way to fund the central park plan in the event that the initiative passes.
Mayor Marchand stressed the importance of financial sustainability. He also clarified that if Eden Housing reapplied for the funding at an alternative location, the grant would be lost.
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 noted his attendance at the January 28, 2020 Financial and Administration Committee Meeting and the February 3, 2020 Board Meeting. VM Woerner reported his attendance at a couple of meetings.
Re-Election CM Coomber announced he would not seek re-election for a second term. Mayor Marchand expressed appreciation for CM Coomber's time and efforts.
EveryOneHome CM Munro and Mayor Marchand noted their attendance at the meeting for Alameda County on January 29, 2020.
Leaders in Community Alternatives (LCA) CM Munro noted her attendance at the meeting on February 5, 2020.
League of California Cities CM Munro and CM Carling noted their attendance at the January 30, 2020 East Bay Division Meeting.
Association of Bay Area Governments (ABAG) CM Munro noted her attendance at the February 7, 2020 general assembly. She expressed an interest in working with residents and the state to create housing for all.
Livermore Pleasanton Fire Department CM Carling expressed appreciation related to a recent incident involving a child and the discretion and sensitivity displayed by the fire department.
Campaign Signs Council Members received a letter from Steve Goodman regarding the vandalism of campaign signs. VM Woerner stated he would be asking staff about additional options regarding what can be done.
Homelessness Committees and Pilot Committees Mayor Marchand asked that CM Munro represent him on the homelessness committees and pilot committees.
Alameda County Transportation Commission Mayor Marchand noted his attendance at the meeting on February 10, 2020.
ADJOURNMENT - at 9:59 pm in memory of Manuel 'Mel' Luna, former Planning Commissioner, to a regular City Council meeting on Monday, February 24, 2020 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.
JOHN P. MARCHAND, MAYOR
MARIE WEBER, CITY CLERK