Livermore City Council 7/13/2020

 

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


JULY 13, 2020

________________________________________________________________

REGULAR MEETING

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 Commission for the Arts Advisory Body Annual Update

Commission for the Arts Chair, Bob Gausman, presented the annual update.

3.

CITIZENS FORUM

Mayor Marchand opened the public comment portion of the meeting.

Comments received via Zoom

Evan spoke in favor of improving the format for public comment due to time constraints when trying to participate in the meeting.

There were no more speakers and public comment was closed.

4.

CONSENT CALENDAR

Mayor Marchand opened the public comment portion of the meeting.

There were no speakers and public comment was closed.

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

4.01 Resolution 2020-106 awarding and authorizing execution of an agreement with Disability Access Consultants, LLC to prepare an American with Disabilities Act Self-Evaluation and Transition Plan, in an amount not-to-exceed $420,915.

4.02 Resolution 2020-107 authorizing the execution of an agreement with Hinderliter, de Llamas and Associates, Inc. for business license tax and fee operations management services, in an amount not-to-exceed $350,000.

4.03 Resolution 2020-108 authorizing the execution of an agreement with Ewers Engineering, Inc. for the completion of an Emergency Response Plan for the Water Resources Division in an amount not-to-exceed $200,000.

4.04 Resolution 2020-109 approving Tract Map 8358 (Chestnut Townhomes) for recording, accepting all real property offered for dedication within Tract Map 8358 except the Public Utility Easement and Emergency Vehicle Easement, and authorizing execution of a Subdivision Improvement Agreement with Taylor Morrison of California, LLC.

4.05 Resolution 2020-110 authorizing execution of a Federal Aviation Administration grant agreement to fund the preparation of a Pavement Management Plan at the Livermore Airport in the amount of $132,493.

4.06 Resolution 2020-111 ratifying the execution of the Federal Aviation Administration (FAA) CARES Act Grant Agreement No. 3-06-0123-030-2020 in the amount of $69,000.

4.07 Resolution 2020-112 authorizing the submission of an application to the State of California Housing and Community Development Department's Permanent Local Housing Allocation (PLHA) Program, approving the PLHA Five-Year Plan for fiscal years 2020-21 to 2024-25, and authorizing execution of related agreements.

4.08 Resolution 2020-113 authorizing the Chief of Police to execute a grant agreement with the U.S. Department of Justice and authorizing the appropriation and expenditure of funds in the amount of $43,242.

4.09 Resolution 2020-114 summarily vacating a portion of Greenville Road right-of-way, determining the action is exempt from CEQA pursuant to 14 California Code of Regulations Section 15061, and authorizing the City Manager to execute a quitclaim deed.

4.10 Confirmation of Advisory Body appointments.

5.

PUBLIC HEARINGS

5.01 Public Hearing to consider protests related to the non-payment of solid waste, recycling, and organics handling services provided by Livermore Sanitation for collection on the County assessor tax roll.

Recommendation: Staff recommended the City Council hold a Public Hearing to:

1. Consider protests related to the non-payment of solid waste, recycling, and organics services;

2. Adopt a resolution overruling protests and confirm the 2020 assessments if applicable; and

3. Direct staff to forward a finalized copy of the assessment report to the County Tax Assessor.

Public Works Director Scott Lanphier introduced the item and Recycling Specialist Marisa Gan presented the staff report.

Debts prior to the COVID-10 outbreak. Despite repeated notices, 2 accounts significantly overdue.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

In response to questions from CM Carling Mrs. Gan clarified that a low-income program is available to residents through Livermore Sanitation.

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 2020-115 overruling protests and confirming the 2020 assessments and directing staff to forward a finalized copy of the assessment report to the County Tax Assessor.

5.02 Public Hearing for the confirmation of the levy of assessments for the City's Landscape Maintenance Districts for Fiscal Year 2020-21.

Recommendation: Staff recommended the City Council conduct a public hearing for the confirmation of the annual levy of assessments for the City's Landscape Maintenance Districts for Fiscal Year 2020-21. Upon closure of the public hearing, staff recommends the City Council adopt a resolution confirming the annual levy of assessments for the City's Landscape Maintenance Districts and directing actions with respect thereto for Fiscal Year 2020-21.

Public Works Director Scott Lanphier introduced item and Management Analyst Sean Prevette presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

In response to questions from Mayor Marchand, Mr. Prevette confirmed that all the money collected stays with the landscape maintenance district and that excess funds are used towards future replacement costs of assets.

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

Resolution 2020-116 confirming the annual levy of assessments for the City's Landscape Maintenance Districts and directing actions with respect thereto for Fiscal Year 2020-21.

5.03 Hearing to authorize negotiation of a Development Agreement with PGM Communities, LLC (known as SunCal) for a mixed-use project with residential, office, and neighborhood-serving commercial uses including ground floor retail uses and a neighborhood park in a 45-acre portion of the proposed Isabel Neighborhood Specific Plan that is currently vacant. The property is generally bound by Portola Avenue to the north, Isabel Avenue to the east, I-580 to the south, and Shea Center Drive to the west within the proposed Isabel Neighborhood Specific Plan.

. Location: Generally bound by Portola Avenue to the north, Isabel Avenue to the east, I-580 to the south, and Shea Center Drive to the west (APN # 903 001004600, 903 001004700, 903 001004800, 903 001004900, 903 001005000, 903 001005100, 903 001005200, 903 001005300, and 903 001005400)

. Applicant: PGM Communities, LLC

. Application Number: Development Agreement (DA) 20-001

. Public improvements: To be determined

. Site Area: 45± acres

. Zoning: Currently zoned as Planned Development Industrial (PDI) 03-003. Will be zoned as Isabel Neighborhood Specific Plan if the Isabel Neighborhood Specific Plan is adopted.

. General Plan: Currently designated as Business and Commercial Park/Community Facility-Hospital. Will be designated as Isabel Neighborhood if the Isabel Neighborhood Specific Plan is adopted.

. Historic Status: None.

. CEQA: Not a project as defined by CEQA per Section 21065.

Recommendation: Staff recommended the City Council adopt a resolution authorizing staff to enter into negotiations on a Development Agreement (DA 20-001) with PGM Communities LLC to secure development consistent with the Isabel Neighborhood Specific Plan, with final approval of the Development Agreement to be subject to City Council review.

Community Development Director Paul Spence introduced the item and Associate Planner Ashley Vera presented the staff report.

Mayor Marchand opened the public hearing.

Comments received via Zoom

Evan Branning spoke in support of the Isabel Neighborhood Specific Plan and expressed agreement with comments submitted by Steven Dunbar to make the community bike and pedestrian friendly.

John Dalrymple expressed concern regarding development agreement language that encourages the use of local construction and apprenticeship.

Mark Elgood requested that City Council be sure to complete the plan and its ties to the Active Transportation Plan to ensure that bike paths and bridges are prioritized.

Amy Pannu spoke in support of integrating bike paths and pedestrian friendly walkways.

Mayor Marchand clarified ATP (Active Transportation Plan) ensures the Safe Streets for all residents regardless of the mode of transportation.

VM Woerner expressed support that the project is being done consistent with the Isabel Neighborhood Specific Plan.

In response to questions from VM Woerner, Mrs. Vera stated that the comments from Mr. Dunbar were being reviewed by staff and would be addressed with Mr. Dunbar.

VM Woerner, CM Munro and Mayor Marchand requested that the City Council be updated on the progress of interacting with local labor and asked staff to explore how local labor may be able to participate.

CM Carling shared that the City has performed extensive outreach regarding this plan, supported the points raised by Mr. Dunbar, and encouraged the developer to consider his comments.

There were no more speakers and the hearing was closed.

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 2020-117 authorizing staff to enter into negotiations on a Development Agreement (DA 20-001) with PGM Communities LLC to secure development consistent with the Isabel Neighborhood Specific Plan, with final approval of the Development Agreement to be subject to City Council review.

6.

MATTERS FOR CONSIDERATION

6.01 Equity and Inclusion Subcommittee Framework.

Recommendation: Provide direction and approval of the framework developed by the Equity and Inclusion Subcommittee to address the Mayors Pledge and broader equity and inclusion issues identified through a community engagement process.

City Manager Marc Roberts introduced the item and Police Captain Jeramy Young presented the staff report.

The Equity and Inclusion Subcommittee comprised of VM Woerner and CM Munro then presented the following:

VM Woerner reported that after meetings with staff and community groups the subcommittee is trying to achieve the objective of equity and inclusion through the following framework:

1. Articulate what the community aspires to, where the community is now and how the gap can be closed in a variety of time frames; and

2. Develop actionable plans; and

3. Report progress.

CM Munro explained that this would be a work in progress. She shared a letter outlining the plans and goals for the subcommittee.

Mayor Marchand encouraged deep community conversations.

Mayor Marchand invited public comment.

Comments received via Zoom

Andrew Barker expressed disappointment that the framework did not provide specific goals or metrics and did not establish concrete actions. He suggested targeted changes to policing and implementations the City could put into practice.

Brittni Kiick requested a dedicated communication channel that would provide a clear communication plan to all stakeholders.

Evan stated that while Livermore is a safe city, not all residents feel safe. He requested the City Council act quickly to achieve meaningful improvements.

Brian Powell requested that statistics on use of force be published on a more frequent basis.

Tracy Kronzak encouraged City Council to entrench equity and inclusion into the City's actions. She asked why there was a timeframe associated with this work and how the subcommittee would provide greater transparency to the communities involved in its outreach.

Julie Le Blanc requested information regarding how people could be involved.

There were no more speakers and the hearing was closed.

CM Carling agreed with comments from Mr. Barker and encouraged objective that were timely, specific, and measurable.

Mayor Marchand explained that the City has worked hard to become substantially compliant with 8 Can't Wait and is working to address systemic racism on a deeper level.

CM Coomber expressed a desire to have police representation in the discussion regarding Equity and Inclusion.

CM Carling clarified that the Homeless Subcommittee would continue addressing the homeless issue during the time that Equity and Inclusion is also being addressed.

CM Munro stated that the City is striving to increase communication between the Police Department and the public so everyone is involved and informed.

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

1. EQUITY AND INCLUSION SUBCOMMITTEE FRAMEWORK; AND

2. THE RECRUITMENT OF AN EQUITY AND INCLUSION WORKING GROUP CONSISTING OF 18 MEMBERS; AND

3. THE EQUITY AND INCLUSION SUBCOMMITTEE WILL MAKE RECOMMENDATIONS REGARDING THE WORKING GROUP APPOINTMENTS WITH FINAL APPROVAL BY CITY COUNCIL.

6.02 Oral report from the Director of Emergency Services regarding the COVID-19 emergency, its impacts, and the governmental operations in response to that emergency, as well as discussion and direction regarding the City's emergency operations in response to that emergency.

Recommendation: Staff recommended the City Council receive the report and provide direction regarding governmental operations in response to the COVID-19 emergency.

Director of Emergency Services Marc Roberts presented the verbal report.

Council Members encouraged residents to wear masks.

Mayor Marchand invited public comment.

Comments received via Zoom

Brittni Kiick requested information on how to enforce the mask ordinance.

Myra Blaylock asked if Livermore had the ability to do contact tracing.

Comments received via YouTube

Summer Solstice stated that masks are a violation of OSHA Code.

There were no more speakers and the hearing was closed.

In response to the comment from Mrs. Blaylock, Mayor Marchand stated the County is responsible for contact tracing.

At the request of the Mayor, and in response to questions from Mrs. Kiick, Mr. Roberts stated that the City has relied on businesses and restaurants to post the rules related to masks. He clarified that the City had not yet utilized enforcement in open areas.

VM Woerner requested the City continue to monitor the situation, provide statistics, and return at a future Council Meeting with options related to residents wearing masks.

VM Woerner requested the City send a letter to Alameda County requesting clear communication and explaining that sending a letter related to business closures late Friday hurts businesses and may discourage compliance.

CITY COUNCIL RECEIVED THE REPORT.

6.03 Approval of the City Council 2021 meeting calendar.

Recommendation: Staff recommended the City Council approve the 2021 Meeting Calendar.

Mayor Marchand invited public comment.

There were no speakers and public comment was closed.

ON THE MOTION OF CM COOMBER, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVD THE 2021 MEETING CALENDAR.

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

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

Association of Bay Area Governments (ABAG) CM Munro reported her attendance at the June 25th general meeting.

East Bay Community Energy CM Munro reported her attendance at the July 1st meeting.

Chestnut Square Family Apartments CM Munro reported 10 units are available for extremely low-income individuals.

Livermore Amador Valley Transit Authority (LAVTA) CM Coomber and VM Woerner reported their attendance at the July 2nd board meeting.

Stopwaste.org CM Carling reported his attendance at the June 24th and July 9th meeting.

League of California Cities CM Carling reported his attendance at the June 25th meeting.

Advisory Body Subcommittee CM Carling reported interviewing candidates for advisory bodies on July 1st.

Altamont Landfill CM Carling reported his attendance at the community monitor meeting on July 8.

Tri-Valley Regional Rail VM Woerner reported his attendance at the Valley Link MTC subcommittee meeting.

Public Comment In response to comments from Mr. Branning, VM Woerner requested staff work present a plan to allow residents to submit comments verbally.

Alameda County Transportation Commission Mayor Marchand noted his attendance at the June 25th and July 13th meetings.

San Joaquín Regional Rail Commission Mayor Marchand noted his attendance at the July 1st meeting.

Police Funding Mayor Marchand noted that a number of cities have voted to cut funding to police and stated that this council is committed to community dialogue and safety.

Cahoots Program Mayor Marchand requested and received consensus for staff to explore a new program that would provide additional resources to partner with police and engage people in crisis (i.e. homelessness, mental health, etc.). He requested staff reach out to neighboring Tri-Valley cities and Alameda County to bring a similar model and a plan for how it would be managed.

8.

ADJOURNMENT - at 9:18 pm in memory of John and Carol Pitts to a regular City Council meeting on Monday, July 27, 2020 at 7:00 pm, held virtually using Zoom.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK