Livermore City Council 9/28/2020

 

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


SEPTEMBER 28, 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 7:01 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. Council Member Trish Munro had an excused absence.

1.02 PLEDGE OF ALLEGIANCE

2.

PROCLAMATIONS AND PRESENTATIONS

2.01 Confirmation of Advisory Body appointments.

Mayor Marchand announced the appointments for consideration.

Airport Commission

Appointment of the following individuals to a regular term ending November 2024:

. Greg Chabrier (Pilot)

. Christopher Dombrowski (Pilot)

. Jon Lavine (At-large)

Beautification Committee

Appointment of the following individual to a regular term ending June 2024:

. Susan Juzkow

Commission for the Arts

Appointment of the following individual to an unexpired term ending January 2025:

. Glen Kaminski

Human Services Commission

Reappointment of the following individual to a regular term ending November 2024:

. Rhovy Lyn Antonio

Livermore Area Youth Advisory Commission

Reappointment of the following individuals to a regular term ending September 2022:

. Evelyn Arroyo

. Minhnha Kawamura

. Elizabeth Ludwig

. Amelia Nelson

. Daphne Yan

Appointment of the following individuals to a regular term ending September 2022:

. Tanvi Sri Sai Penugonda

. Tony Gnecco (Adult)

. Heathery Mackey (Adult)

ON THE MOTION OF CM COOMBER, SECONDED BY CM CARLING, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS.THE CITY COUNCIL DIRECTED THE CITY CLERK TO ADMINISTER THE OATH OF OFFICE TO NEW APPOINTEES PRIOR TO PARTICIPATING IN THEIR FIRST ADVISORY BODY MEETING.

3.

CITIZENS FORUM

Mayor Marchand invited public comment.

There were no public comments received and the public comment period was closed.

4.

CONSENT CALENDAR

Items 4.08 and 4.10 were removed from the Consent Calendar for separate discussion and action.

ON THE MOTION OF CM COOMBER, SECONDED BY VM WOERNER, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEMS 4.08 AND 4.10.

Item 4.08 Assistant City Engineer Bob Vinn provided a presentation on the item.

Mayor Marchand invited public comment.

There were no public comments received and the public comment period was closed.

In response to questions from CM Carling, Mr. Vinn explained that safety enhancements are scheduled to be installed that will help notify motorists of the bike lane at the intersection of First Street and Mines where cars use the bike lane as a turn lane. He also clarified that 12-foot bike lanes at the intersection are recommended.

In response to questions from CM Carling, Mr. Vinn stated that staff could look into adding safety enhancements to the free right turn at First Street and Portola.

CM Coomber agreed with the bicycle safety concerns presented by CM Carling.

ON THE MOTION OF CM CARLING, SECONDED BY CM COOMBER, AND CARRIED ON A 3-1 VOTE, WITH VM WOERNER OPPOSED, THE CITY COUNCIL APPROVED TABLING CONSENT CALENDAR ITEM 4.08 TO GAIN ADDITIONAL INFORMATION ON SAFETY AT THE INTERSECTIONS OF FIRST STREET & MINES ROAD AND WESTBOUND FIRST STREET AT PORTOLA AVENUE AND ADDING TO THE SCOPE OF WORK.

Item 4.10

In response to questions from CM Carling, Mr. Roberts stated that the City would be thoughtful in the timing of street calming measures to ensure traffic in other areas wasn't overwhelmed.

Mayor Marchand invited public comment.

There were no public comments received and the public comment period was closed.

In response to questions from the Mayor City Engineer Cheri Sheets clarified that the pathway was owned by the City and Zone 7 is responsible for the flood path and Levey behind Forest Glade.

ON THE MOTION OF CM CARLING, SECONDED BY CM COOMBER, AND CARRIED ON A 4-0 VOTE, CONSENT CALENDAR ITEM 4.10 WAS APPROVED.

4.01 Approval of draft minutes - June 8, 2020 and June 15, 2020 - regular meetings.

4.02 Adoption of Ordinance 2100 amending and restating Livermore Municipal Code Chapter 5.28 to effectively regulate massage therapy businesses and conform with current State law.

4.03 Adoption of an Ordinance 2101 amending Livermore Municipal Code Chapter 1.28, Conflict of Interest Code.

4.04 Adoption of an Ordinance 2102 amending Planned Unit Development 154 (Development Code Amendment 20-001).

4.05 Adoption of an Ordinance 2103 amending the Zoning District Map of the City of Livermore for prezoning of property in unincorporated Alameda County for the Chick-fil-A Project.

4.06 Adoption of an Ordinance 2104 authorizing execution of Development Agreement (DA) 16-001 for the Chick-fil-A Project.

4.07 Introduction of an ordinance amending and restating Chapter 15.20 Dangerous Buildings and amending portions of, and adding to, Chapter 8.15 Procedure for the Abatement of Public Nuisances in the Livermore Municipal Code for the abatement of dangerous buildings and building code violations.

4.08 Resolution authorizing the execution of an agreement with Golden Bay Construction, Inc. for construction of the 2020 Active Transportation Plan Bike Lane Improvements Project, Project No. 2020-28 in an amount not-to-exceed $238,675.

4.09 Resolution 2020-169 rejecting all bids for the I Street Garage Project No. 2017-15.

4.10 Resolution 2020-170 approving the 2020 Neighborhood Traffic Calming Program and the Priority List.

5.

PUBLIC HEARINGS - NONE

6.

MATTERS FOR CONSIDERATION

6.01 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 staff report.

In response to questions from the Mayor, Mr. Roberts stated that mask compliance in the downtown is very good.

Mayor Marchand invited public comment.

Jackie Cota spoke regarding the legality of having a mask requirement and associated fines. She stated the mask notices violate her rights and stated she filed a complaint with the Department of Justice.

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

In response to questions from the Mayor related to the comments from Mrs. Cota, City Attorney Jason Alcala stated that the mask requirement did not violate resident's civil rights and if the Department of Justice reached out to the City regarding this item, the City would respond accordingly.

THE CITY COUNCIL RECEIVED THE REPORT.

6.02 Discussion and direction regarding South Livermore Valley Stakeholders' request to address ground water issues in the South Livermore Valley.

Recommendation: Staff recommended the City Council discuss and then direct staff whether to undertake the following:

1. Submit a letter to Alameda County Supervisor Scott Haggerty requesting that the County reserve funding for possible future sanitary sewer improvements;

2. Prepare a draft agreement with the County outlining terms, timing, obligations and funding for possible future construction of sanitary sewer infrastructure; and

3. Explore actions necessary to advance the extension of the sewer system to serve the South Livermore Valley area.

Senior Planner Andy Ross presented the staff report.

Mayor Marchand invited public comment.

Laura Mercier spoke in support of extending sewer lines to wineries.

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

THE CITY COUNCIL RECEIVED THE PRESENTATION AND PROVIDED DIRECTION TO:

1. Submit a letter to Alameda County Supervisor Scott Haggerty requesting that the County reserve funding for possible future sanitary sewer improvements;

2. Prepare a draft agreement with the County outlining terms, timing, obligations and funding for possible future construction of sanitary sewer infrastructure; and

3. Explore actions necessary to advance the extension of the sewer system to serve the South Livermore Valley area.

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

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

Livermore Amador Valley Transit Authority (LAVTA) Council Member Coomber noted his attendance at the Finance and Administration committee meeting.

California Fuel Cell Partnership Council Member Carling noted his attendance at a webinar briefing related to hydrogen stations on September 16, 2020.

Stopwaste.org Council Member Carling noted his attendance at the September 23, 2020 board meeting.

Tri-Valley Council Council Member Carling and Mayor Marchand noted their attendance at the meeting on September 23, 2020.

Livermore Pleasanton Fire Department (LPFD) Council Member Carling noted his attendance at a webinar related to disaster preparedness on September 24, 2020.

Local Businesses Vice Mayor Woerner urged residents to support local businesses during COVID.

Alameda County Transportation Commission (ACTC) Mayor Marchand noted his attendance at the September 23, 2020 meeting.

Local Agency Formation Commission (LAFCo) Mayor Marchand noted his attendance at the September 28, 2020 meeting.

8.

ADJOURNMENT - at 8:15 pm in memory of Walter Davies to a regular City Council meeting on October 12, 2020 at 7:00 pm, held virtually via Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK