Livermore City Council 6/8/2020

 

CALL TO ORDER / PLEDGE OF ALLEGIANCE

PROCLAMATIONS AND PRESENTATIONS

CONSENT CALENDAR 4.02

PROCLAMATIONS AND PRESENTATIONS 2.02

CITIZENS FORUM

CONSENT CALENDAR

PUBLIC HEARINGS

MATTERS FOR CONSIDERATION

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

ADJOURNMENT


CITY COUNCIL


JUNE 8, 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 7:00 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

2.01 Proclamation declaring June 2020 as Safety Awareness Month.

Mayor Marchand presented a proclamation declaring June 2020 as Safety Awareness Month.

Item 4.02 was removed from the Consent Calendar and re-ordered on the agenda for separate discussion and action.

4.02

CONSENT CALENDAR 4.02

4.02 Resolution 2020-067 amending the Climate Action Plan Advisory Committee (CAPAC) Rules of Procedure.

ON THE MOTION OF CM MUNRO, SECONDED BY VM WOERNER, AND CARRIED ON A 3-2 VOTE, WITH CM CARLING AND VM WOERNER VOTING IN OPPOSITION OF THE ITEM, THE CITY COUNCIL APPROVED ITEM 4.02.

2.02

PROCLAMATIONS AND PRESENTATIONS 2.02

2.02 Confirmation of advisory body appointments to the Climate Action Plan Advisory Committee. Appointment of Ann Brown, Peter Caldwell, Curt Covey, David Dawson, Peg Folta, Tony Green, Jennifer Hayes, Daniel Lieberman, Madeline Lovdahl, Eric Peterson, and Naomi Siu.

ON THE MOTION OF CM COOMBER, SECONDED BY CM MUNRO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS.

2.03 One Water Award Presentation for Water Awareness Month.

Water Resources Communications Representative Natalie Croak provided the presentation.

3.

CITIZENS FORUM

Mayor Marchand opened the public comment portion of the meeting.

Public Comments Received Over Zoom

Brittni Kiick spoke in support of creating an advisory commission on policing and equity made up of residents and community leaders with diverse backgrounds and also requested the City review the benefits received by Council Members.

Evan requested the City adopt the Mayor's Pledge and commit to the following items: review police policies, engage the community in the review, report findings, reform police use of force policies.

AA asked if there were plans to reallocate police funding

Marilyn Dykstra asked if Livermore police use community or evidence based policing.

Cat requested the City use social media to condemn issues related to police brutality.

Police Chief Michael Harris confirmed that Livermore Police use community based policing.

There were no more speakers and the public comment portion of the meeting was closed.

4.

CONSENT CALENDAR

ON THE MOTION OF CM CARLING, SECONDED BY VM WOERNER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEMS 4.01 AND 4.03-4.13.

4.01 Approval of draft minutes - March 9, 2020 regular meeting; March 16, 2020 special meeting workshop; March 23, 2020 special meeting; March 30, 2020 special meeting; and April 13, 2020 special meeting.

4.03 Resolution 2020-068 authorizing temporary operational modifications to the franchise agreement with Livermore Sanitation, Inc. in response to the COVID-19 pandemic and associated Alameda County Public Health Shelter in Place Order.

4.04 Resolution 2020-069 to summarily vacate a portion of the I Street right-of-way to expand the Livermore Valley Center Parking Garage and authorize the City Manager to quit claim a portion of I Street.

4.05 Resolution 2020-070 authorizing the execution of a purchase order with Univar USA, Inc. in an amount not to exceed $130,000 for the purchase of sodium hypochlorite 12.5% for use at the Water Reclamation Plant.

4.06 Resolution 2020-071 authorizing the City Manager to execute the first amendment to the agreement with BSK Associates for on-call professional geotechnical engineering services and materials testing in an annual not-to-exceed amount of $450,000 per fiscal year.

4.07 Resolution 2020-072 authorizing the execution of a three-year agreement with Contract Sweeping Services, Inc. to perform commercial street sweeping services in an amount not to exceed $675,000.

4.08 Resolution 2020-073 authorizing the City Manager to execute a two-year agreement with Lynx Technologies, for Geographic Information System services in the amount not-to-exceed $390,000.

4.09 Resolution 2020-074 authorizing the execution of a Microsoft software licensing agreement with SoftwareONE, Inc. for three years in an amount not to exceed $1,040,000.

4.10 Resolution 2020-075 authorizing the execution of an agreement with Granicus, Inc. for PEAK Agenda Management software in an amount not-to-exceed $142,500.

4.11 Resolution 2020-076 establishing the Appropriations Limit for the City of Livermore for Fiscal Year 2020-21.

4.12 Resolution 2020-077 approving the Two-Year Financial Plan Update for Fiscal Years 2019-20 and 2020-21.

4.13 Resolution 2020-078 of continued local emergency.

5.

PUBLIC HEARINGS

5.01 2020 Fire Hazard Abatement Program protest hearing and resolution directing staff to proceed with necessary weed abatement.

Recommendation: Staff recommended City Council consider all protests, and if Council finds appropriate, adopt a resolution overruling protests, and direct staff to proceed with necessary weed abatement.

Fire Marshal Ryan Rucker presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

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

Resolution 2020-079 overruling protests and directing staff to proceed with necessary weed abatement.

5.02 Introduction of an ordinance and adoption of two resolutions related to a General Plan Amendment (GPA18-002) with Zoning Map Amendment (ZMA18-002) and Planned Development - Residential (PD-R 18-004) for future development of affordable housing on portion of the Civic Center property.

Recommendation: Planning Commission and staff recommended the City Council

1. Introduce an ordinance adopting Zoning Map Amendment (ZMA18-002) and Planned Development - Residential (PD-R 18-004) for future development of affordable housing on an approximately 3.5 -acre portion of the Civic Center property

2. Adopt two resolutions: a) Certifying the Mitigated Negative Declaration, b) Approving General Plan Amendment (GPA18-002), and c) Approving Zoning Map Amendment (ZMA18-002) and Planned Development - Residential (PD-R 18-004)

These actions will enable future development of affordable housing on a portion of the Civic Center property.

Assistant Planner Andy Ross presented the staff report.

In response to questions from Mayor Marchand, City Manager Marc Roberts explained that putting the solar panels on the roofs of affordable housing created issues with some of the City's current arrangements with PG&E and the affordable housing financier but stated the City would review the options.

In response to questions from Vice Mayor Woerner, Mr. Roberts stated the City would share with the designer the City's desire to maximize the amount of solar on roofs and make future expansion easier.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

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

Resolution 2020-080 approving a) Certifying the Mitigated Negative Declaration, and Resolution 2020-081 approving b) Approving General Plan Amendment (GPA18-002) and c) Approving Zoning Map Amendment (ZMA18-002) and Planned Development - Residential (PD-R 18-004).

Ordinance introduced adopting Zoning Map Amendment (ZMA18-002) and Planned Development - Residential (PD-R 18-004) for future development of affordable housing on an approximately 3.5 -acre portion of the Civic Center property.

6.

MATTERS FOR CONSIDERATION

6.01 Resolution acknowledging the withdrawal of the initiative measure entitled Citizen's Initiative Changing Development Regulations in Downtown Livermore, and Amending Regulations to Allow Housing at the Civic Center, and rescinding Resolution No. 2019-142 that placed the measure on the November 3, 2020 ballot.

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

A. Acknowledge that on May 14, 2020, the proponent withdrew her initiative measure entitled Citizen's Initiative Changing Development Regulations in Downtown Livermore, and Amending Regulations to Allow Housing at the Civic Center; and

B. Rescind Resolution No. 2019-142 that placed that initiative measure on the ballot for the election on November 3, 2020.

City Attorney Jason Alcala presented the staff report.

Mayor Marchand invited public comment.

Comments received via Zoom

Evan urged the City to move forward with the downtown plan and thanked the proponents of the Downtown plan for listening to voters and withdrawing the initiative.

In response to questions from Mayor Marchand, Mr. Alcala stated the City never engaged in mediation with the proponents as stated in the letter received by Bill Dunlap. Mayor Marchand stated that the City was committed to build affordable housing funds at the planned site and moving the location was unrealistic.

In response to questions from Vice Mayor Woerner, Mr. Alcala stated that the City Council would have to agree to mediation and establish parameters prior to the City engaging in mediation.

Jean King stated that the Citizens for a Livermore Central Park committee was committed to moving forward with the community.

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

Council Members each expressed gratitude that the initiative had been withdrawn and that the City could move forward together.

Mayor Marchand clarified that proponent made the decision to remove the initiative from the ballot.

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

Resolution 2020-082 a) acknowledging that on May 14, 2020, the proponent withdrew the initiative measure entitled Citizen's Initiative Changing Development Regulations in Downtown Livermore, and Amending Regulations to Allow Housing at the Civic Center; and b) rescinding Resolution No. 2019-142 that placed that initiative measure on the ballot for the election on November 3, 2020.

6.02 City Council FY 2019-21 Goals and Priorities.

Recommendation: This report is informational only.

Deputy City Manager Christine Martin presented the staff report.

Mayor Marchand invited public comment.

Comments received via Zoom

Dillion and Erika expressed support for diverting some of the Police funding to other sources such as mental health.

Brittni Kiick requested the City add a Community Lead Police Advisory Committee and Equity Advisory Committee.

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

In response to comments received from Ms. Kiick, Mayor Marchand clarified that an increase greater than 5% to the City Council compensation and benefits must be decided by a vote from the community.

In response to questions from Vice Mayor Woerner, Mr. Roberts stated that the Council could provide a new work program or priority at any time and a modification to the formal Goals and Priorities would not be necessary.

THE CITY COUNCIL RECEIVED THE PRESENTATION.

6.03 Appointment of Council Members to the City Council Subcommittee on Advisory Bodies for the period of July 1 - December 31, 2020.

Recommendation: Staff recommended the Mayor appoint two Council Members to serve on the City Council Subcommittee on Advisory Bodies for the period of July 1 - December 31, 2020.

Mayor Marchand invited public comment

There were no speakers and the comment period was closed.

MAYOR MARCHAND APPOINTED CM CARLING AND MAYOR MARCHAND TO THE SUBCOMMITTEE.

6.04 Resolution ratifying the second amended order of the Director of Emergency Services regarding the temporary moratorium on residential and commercial evictions resulting from the loss of income, increased medical expenses, or childcare needs related to COVID-19.

Recommendation: Staff recommended the City Council adopt a resolution ratifying the Director of Emergency Services' emergency order, as follows:

Second Amended Order of the Director of Emergency Services for the City of Livermore establishing regarding a temporary moratorium on residential and commercial evictions resulting from loss of income, increased medical expenses, or childcare needs related to COVID-19, which shall be known as Order No. 20-3.2.

City Manager Marc Roberts presented the staff report.

In response to Council Member Munro's questions related to the letter from Mr. Skinnell, Mr. Alcala clarified that the City's order was based on the Governor's orders to protect tenants suffering from a loss of income related to COVID-19. He also clarified the difference between abandoned property and an inability to pay. He explained that the City is drafting a response to the letter received.

Mayor Marchand invited public comment

Comments received via Zoom

Chris Skinnell spoke in opposition of Order No. 20-3.2 and urged City Council to override the order as it barred lien sales, limited physical access, and prohibited the service of late notices for non-payment to a self-storage facility.

There were no more speakers and the hearing was closed.

In response to questions from Council Member Carling, Mr. Alcala stated that this issue has come to the attention of the Director of Emergency Services as commercial businesses were storing items and being threatened with eviction.

Council Member Munro urged the City to be diligent in differentiating between abandoned units and individuals who were unable to make payments.

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 2020-083 ratifying the second amended order of the Director of Emergency Services regarding the temporary moratorium on residential and commercial evictions resulting from the loss of income, increased medical expenses, or childcare needs related to COVID-19.

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

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

Stopwaste Council Member Carling reported his attendance at the meeting on May 27, 2020.

Protest Rallies Council Member Carling, Council Member Munro, and Mayor Marchand reported their participation earlier in the week.

Obama's Challenge Council Member Carling requested staff bringing back a work program related to working with the community to review the Police Department policies, procedures and cultures to improve and track accountability. Vice Mayor Woerner proposed working with neighboring Cities to ensure consistency and Council Member Munro suggested having a broad discussion that included the school district. The City Council requested that staff return at the next meeting with the information that had already been put out so they could provide additional direction.

Biases Council Member Carling requested City staff and leadership review how we conduct inclusive hiring practices and encourage participation from parts of the community that we don't ordinarily see.

Livermore Amador Valley Transit Authority (LAVTA) Council Member Coomber and Vice Mayor Woerner reported their attendance at the meeting on June 8, 2020.

League of California Cities Council Member Munro reported her attendance at the Transportation, Communication and Public Policy meeting on June 4, 2020.

Livermore Cultural Arts Council (LCAC) Council Member Munro reported her attendance at the Council Meeting.

Formal Pledge Council Members Carling, Munro and Vice Mayor Woerner requested City Council have a formal pledge for adoption at the next City Council Meeting.

Alameda County Transportation Commission (ACTC) Mayor Marchand reported his attendance at the May 21, 2020 meeting.

Altamont Corridor Express (ACE) Mayor Marchand reported his attendance at the meeting on June 5, 2020.

Alameda County Transportation Commission Mayor Marchand reported his attendance at the Multi-Modal Committee meeting on June 8, 2020.

Programs and Projects Committee Mayor Marchand reported his attendance at the meeting on June 8, 2020.

8.

ADJOURNMENT - at 9:23 pm in memory of George Floyd to a special City Council meeting workshop on June 15, 2020 at 5:00 pm, held virtually using Zoom.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK