Livermore City Council 5/11/2020

 

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


LIVERMORE CAPITAL PROJECTS FINANCING AUTHORITY

MAY 11, 2020

________________________________________________________________

REGULAR MEETING

1.

CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was held virtually using Zoom and called to order by Mayor John Marchand at 7:00 pm.

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

3.

CITIZENS FORUM

Comments Received via Email:

Bill Dunlap, Citizens for Livermore Central Park, spoke in support of the City's Downtown Plan, announced the withdrawal of the initiative entitled Citizen's Initiative Changing Development Regulations in Downtown Livermore, and Amending Regulations to Allow Housing at the Civic Center, and requested the City Council consider concepts related to Downtown revitalization.

Thomas Soules requested the City and Chamber of Commerce provide assistance to small businesses during the COVID-19 pandemic.

Erick and Divina Bonifacio requested that the City allow them to open their Martial Arts Academy.

Comments Received via Zoom:

Unidentified asked if the City has inquired with Alcohol Beverage Control (ABC) regarding businesses selling alcoholic beverages outdoors.

4.

CONSENT CALENDAR

Item 4.02

Comments Received via Google Form

James Foulk commented in support of the item.

Conni Naylor commented in support of the item.

Dean Mancini requested the item be delayed until July 1, 2021.

Karen Roland commented in support of this item.

Jen Trummer commented in support of delaying the fee increase.

Angelo Infante commented in support of the item.

Daniella Diaz-Partenach commented in support of the item.

Jeanne Harvey commented in support of the item.

Sheryl Faux requested the cost increase be delayed.

Item 4.03

Comments Received via Google Form

Daniella Diaz-Partenach commented in support of the item.

Item 4.04

Comments Received via Google Form

Heather Day commented in support of the item.

Lori Sevilla commented in support of the item.

Marla Kirby commented in support of the item.

Erin Cahill commented in support of the item.

Conni Naylor commented in support of the item.

Erin McGuire commented in support of the item.

Dean Mancini commented in support of the item.

Karen Roland commented in support of the item.

Kathleen McCandless commented in support of the item.

Martha Metzler-Ghofranian commented in support of the item.

Mike Kumbera commented in support of the item.

Kevin Maes commented in support of the item.

Daniel Dunning commented in support of the item.

Renee Haynes commented in support of the item.

Terry Stillwell commented in support of the item.

Daniella Diaz-Partenach commented in support of the item.

Karol Pendergast commented in support of the item.

Trevor Diehl commented in support of the item.

Brian Cooper commented in support of the item.

Jeanne Harvey commented in opposition of the item.

Lisa Hensley-Goldstein commented in support of the item.

Sheryl Faux commented in support of the item.

Jill Zolkos commented in support of the item.

Jennifer Burnett commented in opposition of the item.

Danielle Glock commented in support of the item.

Comments Received via Zoom

Karl Wente commented in favor of the item.

Item 4.05

Comments Received via Google Form

Dean Mancini commented in favor of the item.

Karen Roland commented in opposition to the item.

Daniella Diaz-Partenach commented in support of the item.

Item 4.06

Comments Received via Google Form

Holly Landrum commented in support of the item.

Dean Mancini commented in opposition to the item.

Karen Roland requested additional information on the item.

Daniella Diaz-Partenach commented in support of the item.

Lisa Hensley-Goldstein commented in support of the item.

Item 4.09

Comments Received via Google Form

Karen Roland commented in opposition of the item.

Item 4.10

Comments Received via Google Form

Karen Roland commented in support of the item.

Carol Pendergrass spoke in support of the item.

Lisa Hensley-Goldstein spoke in support of the item.

Larry Dino requested information related to the timeframe for reopening wineries.

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

4.01 Approval of draft minutes - February 24, 2020 regular meeting.

4.02 Adoption of Ordinance 2095 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.

4.03 Adoption of Ordinance 2096 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.

4.04 Resolution 2020-055 authorizing the display of the Rainbow Pride commemorative flag on at the Civic Center Campus for the month of June, 2020.

4.05 Resolution 2020-056 adopting the Airport Rates and Charges for Fiscal Year 2020-21.

4.06 Resolution 2020-057 adopting the City of Livermore Salary Plan in accordance with California Code of Regulations, Title 2, Section 570.5.

4.07 Resolution 2020-058 authorizing the Concurrent Consideration of a General Plan Amendment with Specific Plan, Pre-zoning and Annexation, Development Code Amendment, Zoning Map Amendment, and multiple Planned Development Amendments for the Isabel Neighborhood Specific Plan.

4.08 Resolution 2020-059 authorizing acceptance for permanent maintenance and release of security for the Recoating of Building Exterior Insulation Finishing System (EIFS) City Hall and Police Building EIFS Repair, Project No. 2015-16.

4.09 Resolution 2020-060 accepting a Grant Deed and authorizing execution of an Access and Maintenance Easement Agreement with RMC Pacific Materials, LLC for the Isabel Avenue (State Route 84) Widening Phase 2, City Project No. 2004-58, State Project No. 04-297624.

4.10 Resolution 2020-061 adopting City Council Meeting Rules of Procedures during COVID-19 Emergency.

*MAYOR MARCHAND REMOVED ITEM 6.02 FROM THE AGENDA*

Mayor Marchand noted that the City had not yet received a formal notice from the proponent withdrawing the initiative and that the item could return at a future meeting if the status of the item changed.

6.02 Discussion and Direction regarding the results of the passage of Measure P on the Citizen's Initiative Changing Development Regulations Downtown.

Recommendation: Staff recommends the City Council discuss the effect of the passage of Measure P on the Citizen's Initiative Changing Development Regulations in Downtown Livermore and Amending Regulations to Allow Housing at the Civic Center and provide direction on the need for any additional information.

5.

PUBLIC HEARINGS

5.01 Hearing to consider Downtown Specific Plan Amendments to enable the implementation of the downtown plan approved by the City Council.

Location: Downtown Specific Plan Area - Downtown Core Land Use Area

Site Area: Various

Applicant: City of Livermore

Application Number: Specific Plan Amendment (SPPA) 19-001

Public improvements: None

Zoning: Downtown Specific Plan (DSP) - Downtown Core

General Plan: Downtown Area (DA)

Historic Status: Not Applicable

CEQA: Recommend finding the environmental impacts of the project were analyzed by, and the project is consistent with, an Addendum to the Downtown Specific Plan 2009 Subsequent Environmental Impact Report that was adopted by City Council on May 13, 2019 by Resolution 2019-064.

Recommendation: The Planning Commission and staff recommend the City Council adopt a resolution:

1. Finding the environmental impacts of the project were analyzed by, and the project is consistent with, the Addendum to the Downtown Specific Plan 2009 Subsequent Environmental Impact Report that was adopted by City Council on May 13, 2019 by Resolution 2019-064, and directing staff to file a Notice of Determination consistent with the provisions of the California Environmental Quality Act; and

2. Making the required findings and approving Specific Plan Amendment 19-001, amending provisions of the Downtown Specific Plan.

Associate Planner, Trisha Pontau, presented the item.

Mayor Marchand opened the public hearing.

Comments Received via Google Form

Steven Dunbar spoke in support of a 4 story hotel but did not support moving housing north of Railroad Avenue.

Ian Karlin commented in support of affordable housing and requested the City take steps to avoid delays.

Holly Landrum commented in support of the item.

Dean Mancini commented in support of the item.

Sandi Gomes commented in support of the item.

Mateusz Monterial commented on increased rental rates and the hardship residents are experiencing related to the cost of living in Livermore.

Daniella Diaz-Partenach commented in support of the item.

Susan Nielsen commented in support of temporarily closing First Street to help local businesses.

Lisa Hensley-Goldstein commented in support of the item.

Julie Echelberger commented in support of the item.

Rosealea Douglas commented in support of closing First Street to provide additional seating for restaurants.

Karl Wente commented in support of the item.

Mayor Marchand closed the public hearing.

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

Resolution 2020-062 finding the environmental impacts of the project were analyzed by, and the project is consistent with, the Addendum to the Downtown Specific Plan 2009 Subsequent Environmental Impact Report and directing staff to file a Notice of Determination consistent with the provisions of the California Environmental Quality Act; and making the required findings and approving Specific Plan Amendment 19-001, amending provisions of the Downtown Specific Plan.

CITY COUNCIL ALSO DIRECTED STAFF TO RETURN WITH A FOURTH STORY OPTION FOR THE DEVELOPER.

6.

MATTERS FOR CONSIDERATION

6.01 Subcommittee on Homelessness Update.

Recommendation: The Subcommittee on Homelessness recommends City Council accept the update.

Community Development Director, Paul Spence and Homeless Services Management Analyst I, Josh Thurman presented the staff report.

Subcommittee member Carling highlighted that Open Heart Kitchen, Meals on Wheels and LVJUSD are all still providing meals to community members in need.

Subcommittee member Munro stated that residents who want to help can donate to the Tri-Valley Non Profit Fund or go to the City webpage for more detailed information.

Mayor Marchand invited public comment.

Comments Received via Google Form

Ian Lyke commented in support of getting homeless residents sheltered.

Mateusz Monterial commented that homeless numbers would continue to rise if housing costs were not made more affordable for the average resident.

Brian Cooper commented in support of sheltering the homeless and providing resources to assist them.

Lisa Hensley-Goldstein commented in support of the item.

Gina Caspersen commented in support of solving the homeless crisis.

Comments Received via Zoom

Karl Wente commented in support of minimizing administrative costs to maximize the assistance going directly to the unsheltered.

Mathew Fuzie commented in support of the City's leadership team.

CITY COUNCIL RECEIVED THE PRESENTATION.

6.02 - This item was pulled earlier in the agenda.

6.03 Resolution adopting the 2020 State and Federal Legislative Platform for the City of Livermore.

Recommendation: Staff recommends the City Council adopt a resolution approving the 2020 Livermore State and Federal Legislative Platform.

Deputy City Manager, Christine Martin, presented the staff report.

In response to questions from Council Member Munro, City Manager, Marc Roberts stated the City could add electronic connectivity and facilities to support infrastructure/science and technology to the platform.

In response to comments from Vice Mayor Woerner, Mr. Roberts stated that the electronic connectivity could be added to the platform at a State and Federal level and that the City was also exploring connectivity at a local level.

Mayor Marchand invited public comment.

Comments Received via Email

Andrew Barker requested the City adjust the legislative platform to correct overbroad insistences of local control across all matters.

Comments Received via Google Form

Steven Dunbar commented in support of Mr. Barker's comments and suggested modifying the language around Local Control and Mandates.

Mayor Marchand commented on the ability to take quick action when needed due to the Legislative Platform.

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

Resolution 2020-063 approving the 2020 Livermore State and Federal Legislative Platform and directed staff to return with an overarching statement that outlines the topics the City is advocating for as well as a draft point related to State and Federal legislation supporting expanded access to information and communications technology.

6.04 Resolution authorizing the extension and third amendment to the Exclusive Negotiating Rights Agreement with Shakespeare's Associates, Inc. for development of a black box theater cultural facility.

Recommendation: Staff recommends the City Council adopt a resolution authorizing an extension of the Exclusive Negotiating Rights Agreements (ENRA) with Shakespeare's Associates, Inc. for the development of a black box theater.

Deputy City Manager, Christine Martin, presented the staff report.

Mayor Marchand invited public comment.

Comments Received via Google Form

Sandi Gomes commented in support of the item.

Evan Branning urged the City to allow additional time to raise funds due to COVID-19.

Comments Received via Zoom

Karl Wente commented in support of the item.

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

Resolution 2020-064 authorizing an extension of the Exclusive Negotiating Rights Agreement (ENRA) with Shakespeare's Associates, Inc. for the development of a black box theater.

6.05 City Council resolution approving certain lease refinancing documents and the sale of certificates of participation to refinance outstanding lease obligations and authorize and direct related actions; and a Livermore Capital Projects Financing Authority resolution authorizing the execution of an escrow deposit and trust agreement in connection with a refunding of outstanding Certificates of Participation and approving related documents and official actions.

Recommendation:

City Council:

A. Adopt a Resolution approving the forms of and authorizing the execution and delivery of a Site Lease, Lease Agreement, Trust Agreement, 2011 Escrow Agreement, 2014 Reimbursement Instructions, and a Continuing Disclosure Agreement in connection with the offering and sale of the City of Livermore Refunding Certificates of Participation, Series 2020A (Livermore Valley Performing Arts Center Refunding) (Qualified 501(c)(3) Certificates) and Refunding Certificates of Participation, Series 2020B (2011 and 2014B Refunding) and authorize the distribution of a Preliminary Official Statement and a Notice of Sale in connection there with, and authorize execution of necessary documents, certificates, and certain other related actions.

B. Grant to the City Manager and the Administrative Services Director the authority to amend and execute documents, determine appropriateness of bond terms and conditions, and to carry out, give effect to, and comply with the terms and intent of this Resolution.

Livermore Capital Projects Financing Authority

C. Adopt the Livermore Capital Projects Financing Authority resolution approving the execution of the 2011 Escrow Agreement related to the refunding of the 2011 Certificates.

Administrative Services Director Douglas Alessio presented the staff report.

Mayor Marchand invited public comment.

Comments Received via Zoom

Karl Wente expressed appreciation for City leadership and fiscal responsibility.

Mayor Marchand closed public comment.

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

Resolution 2020-065 approving:

A. The forms of and authorizing the execution and delivery of a Site Lease, Lease Agreement, Trust Agreement, 2011 Escrow Agreement, 2014 Reimbursement Instructions, and a Continuing Disclosure Agreement in connection with the offering and sale of the City of Livermore Refunding Certificates of Participation, Series 2020A (Livermore Valley Performing Arts Center Refunding) (Qualified 501(c)(3) Certificates) and Refunding Certificates of Participation, Series 2020B (2011 and 2014B Refunding) and authorize the distribution of a Preliminary Official Statement and a Notice of Sale in connection there with, and authorize execution of necessary documents, certificates, and certain other related actions.

B. Grant to the City Manager and the Administrative Services Director the authority to amend and execute documents, determine appropriateness of bond terms and conditions, and to carry out, give effect to, and comply with the terms and intent of this Resolution.

ON THE MOTION OF COMMISSIONER MUNRO, SECONDED BY COMMISSIONER COOMBER AND CARRIED ON A 5-0 VOTE, THE LIVERMORE FINANCING AUTHORITY ADOPTED THE FOLLOWING RESOLUTION:

Resolution LCPFA 2020-1 approving the execution of the 2011 Escrow Agreement related to the refunding of the 2011 Certificates.

6.06 Resolution authorizing a six-month delay in the implementation of water rates for fiscal year 2020-21.

Recommendation: Staff recommends that Council adopt a resolution authorizing a six-month delay in the implementation of water rates for fiscal year 2020-21.

Management Analyst, Anthony Smith presented the staff report.

Mayor Marchand invited public comment.

Comments Received via Google Form

Conni Naylor commented in support of the item.

Ian Lyke commented in support of easing the financial burden experienced by high-water usage businesses like wineries and breweries.

Holly Landrum commented in support of the item.

Dean Mancini commented in support of a 1-year delay in 2020-21 water rate implementation.

Karen Roland commented in support of the item.

Jeanne Harvey commented in support of the item.

Lisa Hensley-Goldstein commented in support of the item.

Sheryl Faux commented in support of delaying the 2020-21 water rate implementations.

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

Resolution 2020-066 authorizing a six-month delay in the implementation of water rates for fiscal year 2020-21.

CITY COUNCIL RECESSED FOR A 5 MINUTE BREAK.

6.07 Discussion and Direction regarding temporary downtown reconfigurations to support merchants and facilitate a flexible recovery as shelter in place restrictions are lifted.

Director of Innovation and Economic Development, Adam Van de Water, and Assistant City Engineer, Bob Vinn, provided the presentation.

Mayor Marchand acknowledged receipt of 290 public comments provided to City Council and the public earlier in the day. He then invited public comment. No additional comments were received and the public comment portion was closed.

Vice Mayor Woerner spoke to the importance of being flexible during this time and adjusting as the needs of downtown merchants change.

Council Member Carling commented on the need to improve bicycle safety in the downtown.

Council Member Munro expressed appreciation for the flexibility of the plan and also urged increased bicycle safety.

In response to questions from Council Member Munro, Mr. Roberts stated that the scope of this project could include increased flexibility around required parking, the availability of indoor/outdoor services while evaluating safety and flexibility. He also stated the desire to tailor the approach based on the needs of businesses.

Vice Mayor Woerner supported the need for increased bicycle safety.

In response to questions from Vice Mayor Woerner, Mr. Roberts stated that the downtown is the most complex area the City is focusing on. He specified that downtown retail and restaurants and shopping center retail and restaurants are the most immediate priority.

Council Member Coomber commented on the importance of ADA Accessibility as reconfigurations are being made in the downtown.

Vice Mayor Woerner requested staff put together a schedule of projects to ensure items are being completed according to a timeline.

CITY COUNCIL RECEIVED THE PRESENTATION.

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

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

LAVTA Council Member Coomber noted his attendance at the April 28th Finance and Administration meeting.

LAVTA Council Member Coomber and Vice Mayor Woerner noted their attendance at the May 4th Board of Directors meeting.

2020 Census Council Member Munro reminded residents of the importance of completing the census.

Microloans Council Member Munro requested staff return with information related to offering microloans and exploring any public private partnership opportunities. Vice Mayor Woerner expressed support but requested that staff also bring back alternatives to microloans, such as infrastructure improvements, for the City Council to review.

Livermore Cultural Arts Meeting Vice Mayor Woerner noted his attendance at the meeting.

Local Merchant Meeting Vice Mayor Woerner noted his attendance at a meeting with local merchants and Office of Innovation and Economic Development Director, Adam Van de Water.

San Joaquin Regional Rail Commission Mayor Marchand noted his attendance at the May 8th meeting.

Alameda County Transportation Commission (ACTC) Mayor Marchand noted his attendance at the May 11th Planning, Policy, and Legislative Committee Meeting.

8.

ADJOURNMENT - at 10:12 pm to a special City Council workshop on Monday, May 18, 2020 at 7:00 pm, held virtually using Zoom.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK