Livermore City Council 6/22/2020

 

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


JUNE 22, 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 7:02 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 Community Asset Management Program (CAMP) Outreach Committee Advisory Body Update

Chair Regina (Gina) Bonanno presented the update.

3.

CITIZENS FORUM

Mayor Marchand opened the public comment portion of the meeting.

Comments Received Over Zoom:

Kris Rose spoke regarding the budget and asked City Council to consider prioritizing the following areas differently: Livermore Police Department, community programs, affordable housing, and Community Development Block Grant funds.

Brittni Kiick spoke in support of the City's response to the Farmer's Market issue.

Mayor Marchand closed the public comment.

4.

CONSENT CALENDAR

Mayor Marchand reviewed consent calendar comments received prior to the meeting.

Mayor Marchand opened the public comment portion of the meeting.

No comments were received and the public comment portion was closed.

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

4.01 Approval of draft minutes - April 27, 2020 regular meeting.

4.02 Adoption of Ordinance 2097 adopting Zoning Map Amendment (ZMA 18-002) and Planned Development-Residential (PD-R 18-004).

4.03 Resolution 2020-084 authorizing the execution of a three-year agreement for services with Platinum Pipeline Inc., Resolution 2020-085 with Gradetech Inc., and Resolution 2020-086 with West Valley Construction Company, Inc. for on-call repairs to City water, sewer, and storm drain systems in a combined not-to-exceed amount of $2.4 million.

4.04 Resolution 2020-087 authorizing the execution of an Engineering Services Agreement with Barry & Wynn Architects, Inc. for design and construction engineering support for the repair of the HVAC system for City Hall and the Police Department Building HVAC and Central Plant Chiller Replacement Project No. 2018-30 in an amount not-to-exceed of $313,040.

4.05 Resolution 2020-088 authorizing the execution of a First Amendment to the Professional Services Agreement with Swaim Biological, Inc. to provide on-call environmental support services in a total amount not-to-exceed $800,000.

4.06 Resolution 2020-089 authorizing the City Manager to execute a Fourth Amendment to Engineering Services Agreement with Schaaf & Wheeler for Engineering Services for the 2018-19 Permanent Storm Damage Repairs Project No. 2017-26 in an amount not-to-exceed $1,302,898.

4.07 Resolution 2020-090 approving execution of a Cooperative Agreement with the Alameda County Transportation Commission and the City of Dublin for the Final Design Phase for the Dublin Boulevard - North Canyons Parkway Extension Project, CIP Project No. 2002-59.

4.08 Resolution 2020-091 authorizing issuance of a purchase order to Baker & Taylor Books for purchases of library books and related materials in fiscal year 2020-21, in an amount not-to-exceed $200,000.

4.09 Resolutions authorizing issuance of two purchase orders, one to L.N. Curtis & Sons Resolution 2020-092 and one to Municipal Emergency Services Inc, Resolution 2020-093 for the purchase of materials and supplies in support of the daily operations for the Livermore-Pleasanton Fire Department Joint Powers Authority for Fiscal Year 2020-21, each in an amount not-to-exceed $180,000.

4.10 Resolution 2020-094 authorizing the budgeted General Fund expenditure of $164,220 for local cable programming services by Tri-Valley Community Television for Fiscal Year 2020-21.

4.11 Resolution 2020-095 authorizing staff to apply for, and accept receipt of Local Early Action Planning (LEAP) Grant Funds.

4.12 Resolution 2020-096 approving the allocation of Community Development Block Grant, Home Investment Partnership Program, Social Opportunity Endowment, In-Lieu Housing, Human Services Facility Fee and General Funds for FY 2020-21.

4.13 Resolution 2020-097 authorizing the commitment of additional Housing In Lieu Funds, to MP Avance Associates, L.P. for the development of the property located at 4260 First Street, up to $2,500,000 for a total loan amount not-to-exceed $8,003,832.

4.14 Resolution 2020-098 approving the City of Livermore Salary Plan as of July 6, 2020 in accordance with California Code of Regulations, Title 2, Section 570.5.

4.15 Resolution 2020-099 authorizing the acceptance for permanent maintenance and release of security for the Traffic Signal Installation - Patterson Pass Road at Greenville Road Project No. 2014-31 and Traffic Signal Controller Cabinet Upgrades - Miscellaneous Traffic Improvements at Various Locations-Project No. 2014-30.

4.16 Resolution of Intention 2020-100 to levy and collect Annual Assessments for the Landscape Maintenance Districts for Fiscal Year 2020-21, preliminary approval of the Annual Engineer's Report, and establishing July 13, 2020 as the Public Hearing date for the Annual Levy of Assessments.

4.17 Resolution 2020-101 calling for and giving notice of the holding of a General Municipal Election in the City of Livermore on Tuesday, November 3, 2020 for the election of certain officers of the City.

4.18 Resolution 2020-102 ratifying the Director of Emergency Services' emergency order to extend Order 20-2, continuing the temporary moratorium on the imposition of the City of Livermore's fines, penalties and interest imposed for failure to timely pay the City's transient occupancy tax, business license tax, or to pay invoices from the City for water or sewer utility services, as a result of a loss of income related to COVID-19, which shall be known as Order No. 20-2.1.

5.

PUBLIC HEARINGS

5.01 Hearing to approve Substantial Amendments to the Fiscal Year 2019-2020 Annual Action Plan, Citizen Participation Plan, and approving participation in the Community Development Block Grant Coronavirus (CDBG-CV) Funds Program in the amount of $256,869.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Approving Substantial Amendments to the Fiscal Year 2019-2020 Annual Action Plan and Citizen Participation Plan;

2. Approving participation in the Community Development Block Grant Coronavirus (CDBG-CV) Funds Program in the amount of $256,869; and

3. Authorizing the City Manager to Negotiate and Execute Related Documents, Agreements, and Modifications.

Human Services Manager Claudia Young presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

Council Member Carling requested the City have a conversation about asking Open Heart Kitchen not to use plastic to go containers.

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 2020-103 1) Approving Substantial Amendments to the Fiscal Year 2019-2020 Annual Action Plan and Citizen Participation Plan; 2) Approving participation in the Community Development Block Grant Coronavirus (CDBG-CV) Funds Program in the amount of $256,869; and 3) Authorizing the City Manager to Negotiate and Execute Related Documents, Agreements, and Modifications.

5.02 Hearing to approve adoption of the Community Development Block Grant FY 2020-2024 Five-Year Consolidated Plan and the FY 2020-2021 Action Plan.

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

1. Adopting the Community Development Block Grant FY 2020-2024 Five-Year Strategic Plan and the FY 2020-2021 Action Plan; and

2. Authorizing the City Manager to Negotiate and execute related documents, agreements, and modifications.

Human Services Manager Claudia Young 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 VM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2020-104 1) Adopting the Community Development Block Grant FY 2020-2024 Five-Year Strategic Plan and the FY 2020-2021 Action Plan; and

2) Authorizing the City Manager to Negotiate and execute related documents, agreements, and modifications.

6.

MATTERS FOR CONSIDERATION
6.01 Adoption of a resolution committing to the action items identified by the My Brother's Keeper Alliance - Mayor's Pledge and recommended by the Obama Foundation to review the Livermore Police Department's Use of Force Policies and all City policies and practices for incidences of structural discrimination and implicit bias and discussion and direction regarding a community engagement process.

Recommendation: Staff recommends the City Council take the following actions:

1. Adopt a resolution committing to the actions contained in the Mayor's Pledge prepared by the My Brother's Keeper Alliance and recommended by the Obama Foundation; and

2. Provide discussion and direction regarding a community engagement process for an examination of the Livermore Police Department's use of force policies and an examination of other City and Police policies and practices for incidences of structural discrimination or implicit bias, and a report of the findings from those examinations to the City Council and to the community along with any needed revisions.

Police Chief Harris and Captain Young presented the staff report.

In response to questions from Council Member Munro, Chief Harris clarified that the City website addresses the issues presented by the 8 Can't Wait organization but uses slightly different terminology. The City is also compliant with Legal and Peace Officer standards in the state.

In response to questions from Council Member Carling, Council Member Munro confirmed that the police policies on the website are up to date.

In response to Council Member Coomber, Captain Young confirmed that evaluating policies, procedures and training occurs annually and whenever laws are changed. He also stated officers are updated and must acknowledge changes when they occur.

Mayor Marchand invited public comment.

Public Comments Received Over Zoom:

Tanya expressed concern that the City claimed all eight of the policies presented by 8 Can't Wait had been adopted. She stated the City was not in compliance and felt that the community was being misled.

Lisa asked City Council what they planned to do to educate residents on racism and the need for systemic change.

Ruth Gasten, Livermore, expressed support regarding improvements to police procedures, requested the City look for ways for local business to hire more diversely, and consider additional affordable housing.

Tri-Valley for Black Lives stated that the 8 Can't Wait campaign has proven to be ineffective and asked what the City is doing to make black communities safer. They asked the City Council to consider a number of other services that focused on a Care not Cops model.

Mark Palajac spoke as Livermore Housing Authority Commissioner, encouraged City Council to continue focusing on affordable housing.

Erica Engel requested that an outside civilian oversight agency review whether actions by police officers are reasonable rather than self-regulation by other officers.

Andrew Barker urged City Council to act quickly and forcefully to institute police reform.

Anonymous asked if budget decisions, such as defunding the police and increasing spending on other community services, were subject to a vote of the residents of Livermore.

Addison Risbry requested City Council redirect money from the Police Department to mental health, affordable housing and education. She also requested that the City work alongside the Tri-Valley for Black Lives organization, prioritize affordable housing and the downtown plan, increase education and programs in schools regarding black history and diversity.

Evan encouraged City Council to make meaningful change to public safety and community outreach. He requested the Council take immediate action on policy improvement as well as evaluate and implement more lasting changes.

Anonymous stated that the last Police Department manual they read did not require several 8 Can't Wait methods. The speaker asked City Council when revisions could be made to put the City in compliance with the 8 Can't Wait model.

Anonymous asked about the number of complaints verse arrests documented in Attachment 14.

Elizabeth Baumach asked how often police officers were receiving de-escalation training to recognize force should not be an option.

Ad asked what the City could do to keep Police Officers working on legitimate crime and avoid mental health calls.

Brittni Kiick expressed support of the information shared and asked what bias and equity training City staff and Council Members receive.

Misty stated that when she compared the Police manual to the recommendations presented by 8 Can't Wait, the information was substantially correct.

Corey Bennett encouraged City Council not to be overly restrictive of officer's use of force when engaging with combative suspects. He stated that officers must be able to quickly and safely subdue dangerous suspects. He also clarified that the use of force before versus after restraint are very different.

Anonymous requested City Council present a plan of more immediate measure that will be taken to ensure the safety of residents.

Stephanie Sponagle asked City Council how more money could be put into mental health resources.

Anonymous requested the City and Tri-Valley hold public forums and workshops that include residents, Black Lives Matter, police, non-profit leaders, and mental health professionals to create pilot programs of new methods for responding to emergency response calls, civilian oversite, and education on racial injustice.

Anonymous recommended that due to the contentious feelings related to this issue, comments be submitted anonymously.

Jean Moran stated that Livermore Police Department received a 'D' score on policescorecard.org and asked what the plans were to address the low score.

Lisa expressed support of Livermore residents stepping up to do the right thing.

Anonymous stated that violence and propaganda has spread across the nation and asked residents to think about what officers are so scared of.

There were no more speakers and the hearing was closed.

Council Member Munro stated that City Council can only take action on items on the agenda. She shared that although many people would like swift action the process in government is structured to be transparent.

Council Member Carling stated that the City's messaging regarding current affordable housing opportunities needed to be dispensed to reach more residents. He also expressed an interest in City Council discussing the balance between the Horizon's mental health budget and the Police Department budget. He stated that the City should evaluate ideas that have worked in other communities, like the Cahoots program.

Council Member Coomber expressed a desire for education regarding what 'defund the police' means.

Vice Mayor Woerner stated that based on the comments received, some of the things he heard were that the City does not have agreement on what the facts are and how they are interpreted. He expressed a desire of finding a way to get through that conflict. He stated that he understands the Police Department has made a lot of improvements but that they are willing to work with the community to improve further. He also understood that the conversation needs to be broad.

Vice Mayor Woerner suggested a subcommittee to help work with the community and partner agencies to create a short and long term plan so action can be taken.

Mayor Marchand appointed Vice Mayor Woerner and Council Member Munro to the subcommittee regarding equity and inclusion.

Council Member Munro stated that although immediate action would feel good, 400 years of injustice could not be solved that quickly.

Vice Mayor Woerner and Council Member Munro expressed a desire to define the problems, the scope, and plan with the subcommittee.

ON THE MOTION OF VM WOERNER, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CREATED AN EQUITY AND INCLUSION SUBCOMMITTEE AND APPOINTED VM WOERNER AND CM MUNRO AND ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2020-105 committing to the actions contained in the Mayor's Pledge prepared by the My Brother's Keeper Alliance and recommended by the Obama Foundation.

6.02 Discussion and direction regarding authorizing staff to include a portion of the western-facing wall of the Bankhead Theater in the 2020 Mural Festival.

Recommendation: Staff recommends the City Council adopt a motion authorizing staff to include a portion of the western-facing wall of the Bankhead Theater in the 2020 Mural Festival.

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

Mayor Marchand shared the importance of having symbols in the mural that represent different aspects of Livermore.

Mayor Marchand invited public comment.

Public Comments Received Over Zoom

Erica Engel expressed support for the mural.

Anonymous expressed support of the symbols used in the mural.

Anonymous spoke against the mural and stated that the explanation of the symbols shouldn't be necessary.

There were no more speakers and the hearing was closed.

ON THE MOTION OF CM CARLING, SECONDED BY CM COOMBER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED A MOTION AUTHORIZING STAFF TO INCLUDE A PORTION OF THE WESTERN-FACING WALL OF THE BANKHEAD THEATER IN THE 2020 MURAL FESTIVAL.

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

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

Juneteenth Black Lives Matter Assembly Council Member Munro reported her attendance on June 19, 2020.

Innovation Tri-Valley Leadership Webinar Council Member Munro reported her attendance on June 16, 2020.

Livermore Area Recreation and Parks District, City, and School District Intergovernmental Meeting Council Member Munro and Vice Mayor Woerner reported their attendance.

COVID-19 Council Member Munro reminded residents to wear masks.

Tri-Valley Community Air Quality Alliance Council Member Munro reported viewing a presentation and requested the organization be invited to present at a future Council Meeting.

Stopwaste.org Council Member Carling reported his attendance at the June 11, 2020 recycling board meeting.

Altamont Landfill Open Space Committee Vice Mayor Woerner reported his attendance at the May 15, 2020 meeting.

Livermore Amador Valley Transit Authority (LAVTA) Vice Mayor Woerner reported his attendance at the Wheels meeting.

HHS Vice Mayor Woerner reported presenting a proclamation supporting the International Day of Yoga.

Livermore Downtown Inc. and Livermore Pride Vice Mayor Woerner reported working with both organizations to put together a statement regarding the incident at the farmers market.

COVID-19 Vice Mayor Woerner reported working with local restaurants and studios regarding the use of their outdoor space. He requested a standing agenda item so City Council could review the emergency, its impacts, and the City's response.

In response to Vice Mayor Woerner's request, City Manager Marc Roberts provided an update regarding businesses reopening over the weekend and encouraged residents to wear masks.

Valley Link Mayor Marchand stressed the importance of Valley Link improving air quality by getting up to 30,000 cars off the road.

8.

ADJOURNMENT - at 9:54 pm to a regular City Council meeting on Monday, July 13, 2020 at 7:00 pm, held virtually using Zoom.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK