Livermore City Council 4/27/2020

 

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


APRIL 27, 2020

________________________________________________________________

REGULAR MEETING

Pursuant to Governor Newsom's Executive Order N-29-20, members of the City Council and staff participated in this meeting via teleconference. In the interest of maintaining appropriate social distancing, members of the public also participated in this meeting electronically.

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, held via teleconference using Zoom and YouTube.

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

2.

PROCLAMATIONS AND PRESENTATIONS- NONE

3.

CITIZENS FORUM - NONE

4.

CONSENT CALENDAR

Item 4.03 was removed from the Consent Calendar for separate discussion and action. City Council directed staff to continue working on the item to incorporate additional changes and bring the item back at a June City Council Meeting.

ON THE MOTION OF CM COOMBER, SECONDED BY CM MUNRO, AND CARRIED ON A 5-0 ROLL CALL VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 4.03.

4.01 Approval of draft minutes - February 10, 2020 regular meeting.

4.02 Adoption of Ordinance 2093 amending Planned Development - Commercial (PD-C) 03-008 to allow for two additional monument signs at the Plaza 580 Shopping Center. (Planned Development 18-010).

4.03 Item removed from agenda Adoption of ordinance adding subsection 5.50.105 exemption for premium tobacco products to the Livermore Municipal Code.

4.04 Resolution 2020-045 approving the City of Livermore Salary Plan as of March 30, 2020 in accordance with California Code of Regulations, Title 2, Section 570.5.

4.05 Resolution 2020-046 authorizing execution of an agreement with Innovative Claims Solutions (ICS), in an annual amount not-to-exceed $116,058, for Third-Party Administration services for the City's self-insured Workers' Compensation program.

4.06 Resolution 2020-047 authorizing the execution of a Purchase Order with Peterson Trucks, Inc. in the amount of $140,325 for a replacement water truck.

4.07 Resolution 2020-048 authorizing Workers' Compensation coverage for off-duty Peace Officers injured out of state.

4.08 Resolution 2020-049 to summarily vacate an existing Equestrian Trail Easement, determine the action exempt from CEQA and authorize the City Manager to quit claim the Equestrian Trail Easement at 4570 Contractors Place.

4.09 Resolution 2020-050 directing staff to proceed with the annual Fire Hazard Abatement Program, declaring non-complying parcels a public nuisance requiring abatement, and setting a public hearing date of June 8, 2020 to receive protests and direct staff to proceed with field abatement work.

5.

PUBLIC HEARINGS

5.01 Hearing to consider adjustments to the Sewer Service and Use Charges for the Sewer Enterprise Fund and the first reading of an Ordinance adjusting residential, commercial and institutional Sewer Service and Use charges.

Recommendation: Staff recommended that Council take the following actions:

1) Hold a Public Hearing to take comments on the proposed five-year adjustment to Sewer Service Charges;

2) Determine that a majority protest to increasing the Sewer Service Charges does not exist at the conclusion of the Public Hearing; and

3) Introduce by first reading, an ordinance amending the Sewer Service Charges effective July 1, 2020, with the delay in the effective date of the sewer rate for Fiscal Year 2021 by six months, until January 1, 2021.

Management Analyst Anthony Smith and Consultant Habib Issac, IB Consulting presented the staff report.

Mayor Marchand opened the public hearing.

PC Received via Email:

Brent Spencer spoke regarding the added tax burden during an economic crisis and requested the City Council postpone any new fee's or taxes for one year

Steven Dunbar requested City Council delay new fees during the COVID pandemic.

Laney Marie requested City Council delay new fees until the fall.

PC Received from Google Docs:

John and Ruth Collins requested that City Council not approve the increased fees and use City funds for essential funds due to the current pandemic.

PC Received from Zoom:

Jeri Arstingstall asked how much has been spent over the last three years on sewer maintenance from the last tax increase.

PC Received from YouTube:

Bigdawgslivermore inquired why staff used a five year projection rather than a three year projection.

Kerry Johnson asked how City Council justified a 7% increase when most residents don't receive wage increases that high.

Evan B spoke in agreement with comments received from Steven Dunbar.

There were no more speakers and the hearing was closed.

In response to questions from Mayor Marchand regarding questions he received about using the money for the parking garage to pay for sewer charges, City Manager Marc Roberts explained that sewer funds are to be paid by the individuals using the service and general funds are used for public safety and community needs.

In response to questions from Vice Mayor Woerner, Mr. Roberts explained that the process to raise rates had a specific timeline. In order to lower overhead costs for ratepayers, the City used the County tax-roll to bill for services and the savings could not be achieved if the process were delayed.

In response to questions from Mayor Marchand, Mr. Roberts clarified that the purpose of the five-year rate was to provide stability and long term planning. Mr. Smith also explained that a cost savings associated with a five year plan existed.

In response to questions from Mayor Marchand, Mr. Roberts clarified that new development paid for new sewer capacity and the cost was not incurred by existing rate payers.

Council Member Munro expressed appreciation for the careful work done by staff and consultants. She clarified that the decision was not a choice because if the system was not maintained it would eventually fail.

City Council recessed at 8:12 pm to allow the City Clerk to tabulate the protests received. City Council resumed the meeting at 8:17 pm.

City Clerk Marie Weber announced that 127 protests had been received of the 16,002 needed to declare a majority protest. Ms. Weber announced that a majority protest did not exist.

ON THE MOTION OF CM MUNRO, SECONDED BY CM COOMBER AND CARRIED ON A 5-0 ROLL CALL VOTE, THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCE:

Ordinance introduced amending the Sewer Service Charges effective July 1, 2020, with the delay in the effective date of the sewer rate for Fiscal Year 2021 by six months, until January 1, 2021.

5.02 Hearing to adopt a resolution to authorize the City Manager to sign the Third Amended and Restated Agreement with Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials, and Compostable Materials Services, and approve the requested rate adjustments to be effective January 1, 2021 and July 1, 2021.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the execution of the Third Amended and Restated Agreement with Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials, and Compostable Materials Services to incorporate a ten-year term extension and additional benefits and services for the community, and approve the Livermore Sanitation, Inc. requested rate adjustments to be effective January 1, 2021 and July 1, 2021.

Public Works Manager Judy Erlandson presented the staff report.

Mayor Marchand opened the public hearing.

PC Received via Email:

Steven Dunbar, Tri-Valley Citizens Climate Education spoke in support of improvements provided in the Livermore Sanitation agreement but expressed concern regarding the requirement to purchase new CNG Powered collection vehicles and a new fueling station. He requested that City Council explore the use of other vehicle and fueling types and delay the purchase of CNG vehicles until a direct comparison could be presented.

Tom Felter expressed support for Steven Dunbar's letter and emphasized the need to delay the purchase of CNG vehicles.

There were no more speakers and the hearing was closed.

In response to questions from Council Member Munro, Mrs. Erlandson clarified that it was important to order trucks due to the long lead time and that several trucks were at the end of their useful life. She stated it may be possible to pilot electric vehicles when the next group of trucks reaches the end of its useful life in five to eight years.

Vice Mayor Woerner expressed an interest in purchasing electric vehicles prior to the end of the ten year time frame presented.

In response to questions from Vice Mayor Woerner, Mrs. Erlandson explained that of the 42 total trucks, 36 would be replaced now, leaving an opportunity to pilot electric vehicles with the remaining six trucks.

ON THE MOTION OF VM WOERNER, SECONDED BY CM CARLING AND CARRIED ON A 5-0 ROLL CALL VOTE, THE CITY COUNCIL DIRECTED STAFF TO EXPLORE A TRANSITION TO ELECTRIC VEHICLES UNDER THE CLIMATE ACTION PLAN AND ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2020-051 authorizing the execution of the Third Amended and Restated Agreement with Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials, and Compostable Materials Services to incorporate a ten-year term extension and additional benefits and services for the community, and approve the Livermore Sanitation, Inc. requested rate adjustments to be effective January 1, 2021 and July 1, 2021.

5.03 Hearing to consider the Annual Progress Report, which tracks the City's progress towards implementing the Housing Element of the General Plan and meeting its Regional Housing Need Allocation (RHNA), pursuant to Government Code Section 65400.

Location: Citywide

Applicant: City of Livermore

On-site and off-site public improvements: None

Site Area: Citywide

Zoning: Various

General Plan: Various

Historic Status: None

CEQA: NA

Application Number: Project Tracking (PT) 20-001

Project Planner: Tricia Pontau, Associate Planner

Recommendation: Staff recommended the City Council adopt a resolution accepting the 2019 Housing Element Annual Progress Report.

Associate Planner Patricia Pontau presented the staff report.

In response to questions from Council Member Coomber, Mr. Roberts stated that all projects that are market rate or include an inclusionary fee have been put on pause due to COVID-19.

In response to questions from Council Member Munro, Community Development Director Paul Spence clarified that growth in the City is modest and affordable housing is mostly subsidized by the City.

Mr. Roberts stated that the City is very competitive in applying for grant funding related to affordable housing but that there is no state program in place.

Mayor Marchand opened the public hearing.

PC Received via Email

Steven Dunbar stated that the State does not expect the City to accomplish low income numbers at 'above moderate' development.

There were no more speakers and the hearing was closed.

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

Resolution 2020-052 accepting the 2019 Housing Element Annual Progress Report

6.

MATTERS FOR CONSIDERATION

6.01 Resolution adopting criteria for the 2020 Mural Festival; authorizing the Commission for the Arts to approve murals; and authorizing the City Manager to enter into any contracts and permits necessary.

Recommendation: Staff recommended the City Council adopt a resolution to:

1) Establish governing criteria for the 2020 Mural Festival;

2) Authorize the Commission for the Arts to approve final themes for selected walls that meet that criteria; and

3) Authorize the City Manager to enter into all necessary contracts to permit the work.

Office of Innovation and Economic Development Director Adam Van de Water presented the staff report.

Mayor Marchand invited public comment.

There were no speakers and the comment period was closed.

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

Resolution 2020-053 establishing governing criteria for the 2020 Mural Festival; authorizing the Commission for the Arts to approve final themes for selected walls that meet that criteria; and authorizing the City Manager to enter into all necessary contracts to permit the work.

6.02 Confirmation and Ratification of Director of Emergency Services' Order Enacting Public Nuisance Ordinances; Emergency Measure Enacting Public Nuisance Ordinances; Introduction of Public Nuisance Ordinances.

Recommendation: Staff recommended the City Council:

1) Adopt a resolution confirming and ratifying the Director of Emergency Services' Order No. 20-4 enacting amended and restated public nuisance ordinances in the Health and Safety Chapter of the Livermore Municipal Code;

2) Adopt an urgency ordinance amending and restating Chapter 8.14 Neighborhood Nuisance Abatement in the Livermore Municipal Code by adopting Chapter 8.14 Public Nuisances and Chapter 8.15 Procedure for Abatement of Public Nuisances to become effective immediately; and

3) Introduce an ordinance for first reading to amend and restate Chapter 8.14 Neighborhood Nuisance Abatement as Chapter 8.14 Public Nuisances and Chapter 8.15 Procedure for Abatement of Public Nuisances.

City Attorney Jason Alcala presented the staff report.

Mayor Marchand invited public comment.

PC Received via Zoom:

Patrick Quill, commented that his neighbor had been parking a large tractor trailer in front of his property for an extended time period and the 72-hour parking restriction had not been enforced.

In response to Mr. Quill's comments, City Attorney Jason Alcala stated that the City has an abandoned vehicle process that may help with the issues he is experiencing.

Police Chief Mike Harris explained that an abandoned vehicle could be reported by phone or submitted on the website. Once received, the owner would be contacted in an attempt to abate the issue however, if it was unable to be resolved, the vehicle will be tagged and towed after 72 hours.

Mr. Alcala clarified that nuisance abatement was a dynamic process and the City Council can better define specific areas if needed in the future.

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

ON THE MOTION OF VM WOERNER, SECONDED BY CM CARLING AND CARRIED ON A 5-0 ROLL CALL VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION AND ORDINANCE AND INTRODUCED THE FOLLOWING ORDINANCE:

Resolution 2020-054 confirming and ratifying the Director of Emergency Services' Order No. 20-4 enacting amended and restated public nuisance ordinances in the Health and Safety Chapter of the Livermore Municipal Code;

Urgency Ordinance 2094 amending and restating Chapter 8.14 Neighborhood Nuisance Abatement in the Livermore Municipal Code by adopting Chapter 8.14 Public Nuisances and Chapter 8.15 Procedure for Abatement of Public Nuisances to become effective immediately

Ordinance introduced amending and restating Chapter 8.14 Neighborhood Nuisance Abatement as Chapter 8.14 Public Nuisances and Chapter 8.15 Procedure for Abatement of Public Nuisances.

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

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

Digital Divide Council Member Munro requested additional information be provided to Council at a future date regarding internet connectivity within the City.

Street Closures Council Member Munro inquired whether City streets could be closed to provide additional mobility to walkers during the COVID-19 pandemic.

In response to Council Member Munro, Mr. Roberts explained that evaluating and closing streets is very staff intensive but that staff was looking into closing some areas downtown to expand dining opportunities.

East Bay Community Energy (EBCE) Council Member Munro reported that the agency was working towards developing wind and solar energy and was investing back into the community during the crisis.

StopWaste Council Member Carling reported his attendance at a couple of meetings since the last Council Meeting.

Homeless Update Council Member Carling reported that additional hand washing stations had been purchased and placed throughout the City. He also stated that Open Heart Kitchen was serving meals to the community again.

Virtual Community Town Hall Vice Mayor Woerner and Mayor Marchand reported hosting Town Halls.

Tri-Valley Wheels Vice Mayor Woerner reported his attendance at the projects and services meeting of April 27, 2020.

Letter from CM Munro Mayor Marchand recommended residents read the letter written by Council Member Munro on the City website.

County Homelessness Task Force Mayor Marchand reported his attendance at the meeting on April 3, 2020.

San Joaquin Rail Commission Mayor Marchand reported his attendance at the meeting on April 3, 2020.

Veterans Administration Meeting Mayor Marchand reported his attendance at the meeting on April 9, 2020.

US Conference of Mayors Mayor Marchand noted his attendance at the conference on April 10, 2020.

Alameda County Transportation Commission Mayor Marchand noted his attendance at the Programs and Projects Committee meeting on April 13, 2020 and the Transportation Commission meeting on April 23, 2020.

Women's Realtors Council of Alameda County Mayor Marchand noted his attendance at the April 14, 2020 meeting.

Alameda County Mayor's Conference Mayor Marchand reported his attendance at the conference held on April 15, 2020.

Diversity Flag Mayor Marchand requested and received consensus to fly the Diversity Flag at City Hall during the month of June, 2020.

8.

ADJOURNMENT - In honor of Laura Thournir at 10:15 pm to a regular City Council meeting on Monday, May 11, 2020 at 7:00 pm, as a Zoom meeting and streamed live over YouTube.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK