Livermore City Council 10/26/2020

 

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


October 26, 2020
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CLOSED SESSION

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.

CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor John Marchand at 6:30 pm, held via teleconference using Zoom and YouTube.

ROLL CALL - Present: Mayor John Marchand, Vice Mayor Bob Woerner, and Council Members Robert W. Carling, Bob Coomber, and Trish Munro.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING CLOSED SESSION ITEMS.

Mayor Marchand opened the public comment.

There were no speakers and the comment period was closed.

ADJOURN TO CLOSED SESSION

1. Conference with Labor Negotiator. To meet with Mayor Marchand, the City's negotiator, pursuant to Government Code section 54957.6 regarding negotiations for salary and compensation for Unrepresented Employee - City Manager.

2. Conference with Labor Negotiator. To meet with Mayor Marchand, the City's negotiator, pursuant to Government Code section 54957.6 regarding negotiations for salary and compensation for Unrepresented Employee - City Attorney.

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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

1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala said there was no reportable action.

2.

PROCLAMATIONS AND PRESENTATIONS

2.01 Livermore Valley Performing Arts Center Annual Update presented by Executive Director Chris Carter.

Livermore Valley Performing Arts Center Executive Director, Chris Carter, provided the update.

2.02 Beautification Committee Annual Update

Committee Chair Cynthia Dake presented the annual update.

3.

CITIZENS FORUM

Emily Goodwin requested City Council make Ygrene PACE Program available to property owners in Livermore.

Mayor Marchand stated that Item 5.03 D had been removed from the agenda.

4.

CONSENT CALENDAR

Item 4.02 CM Munro spoke in support of the water management plan update.

Item 4.03 CM Munro requested that the Community Development Director Paul Spence respond to the comments provided by Andrew Barker in the supplemental packet.

In response to CM Munro, Mr. Spence stated that affordable housing is complex and funding is mostly spent on affordable housing projects and can sometimes be spent on repair and rehabilitation. He stated that affordable housing projects take time, due to things like financing needs and entitlement plans. He also stated the City generally has multiple projects at different stages being worked on simultaneously.

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

4.01 Approval of draft minutes for the July 13, 2020 regular meeting.

4.02 Resolution 2020-174 authorizing the execution of an agreement with Kennedy/Jenks Consultants, Inc for the City of Livermore Municipal Water 2020 Urban Water Management Plan Update Project in an amount not-to-exceed $129,404.

4.03 Resolution 2020-175 making findings regarding the continuing need for unexpended balances of Development Impact Fees as of June 30, 2020 and approving the Annual Report on Development Fee and Connection Fee Revenues and Expenditures for FY 2019-20.

5.

PUBLIC HEARINGS

5.01 Hearing to consider a request for a Vesting Tentative Tract Map to subdivide three City-owned parcels, within the Downtown Specific Plan Area, creating nine separate parcels, consistent with the Downtown Plan approved by the City Council. The project site is located within the northern portion of the block bound by Railroad Avenue, South Livermore Avenue, First Street, and South L Street

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Recommendation: The Planning Commission and staff recommended the City Council take the following actions:

1. Adopt a resolution adopting an August 27, 2020 Addendum to the Downtown Specific Plan 2009 Subsequent Environmental Impact Report consistent with the California Environmental Quality Act ("CEQA"); and

2. Adopt a resolution approving Vesting Tentative Tract Map 8574 (SUB20-008) subject to conditions of approval.

Associate Planner Turhan Sonmez presented the staff report.

In response to questions from VM Woerner, Mr. Spence stated that slight adjustments to the parcels could be made in the future if needed.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

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

Resolution 2020-176 adopting an August 27, 2020 Addendum to the Downtown Specific Plan 2009 Subsequent Environmental Impact Report consistent with the California Environmental Quality Act ("CEQA"); and

Resolution 2020-177 adopting a resolution approving Vesting Tentative Tract Map 8574 (SUB20-008) subject to conditions of approval.

5.02 Hearing to consider Downtown Specific Plan Amendments to allow a four-story hotel downtown.

Recommendation: The Planning Commission and staff recommended the City Council:

1. Adopt a Resolution adopting the August 25, 2020 Addendum to the Downtown Specific Plan 2009 Subsequent Environmental Impact Report, in accordance with the California Environmental Quality Act; and

2. Adopt a Resolution approving Specific Plan Amendment 20-001, amending provisions of the Downtown Specific Plan.

Associate Planner Tricia Pontau presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

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

Resolution 2020-178 adopting the August 25, 2020 Addendum to the Downtown Specific Plan 2009 Subsequent Environmental Impact Report, in accordance with the California Environmental Quality Act; and

Resolution 2020-179 adopting a Resolution approving Specific Plan Amendment 20-001, amending provisions of the Downtown Specific Plan.

5.03 Hearings to authorize execution of Development Agreements to facilitate future development projects consistent with the Downtown Plan approved by the City Council in January 2018.

A) Development Agreement with Red Bear Property Management Inc. to construct the Downtown Commercial Project; and

B) Development Agreement with Shakespeare Associates, Inc. for the Downtown Black Box Theater Project; and

C) Development Agreement with Quest Science Center for the Downtown Livermore Science and Society Center Project.

D) *This item has been removed from the agenda*

Development Agreement with Eden Housing, Inc. for the Downtown Workforce Housing project.

Recommendation: The Planning Commission and staff recommended the City Council take the following actions to facilitate future development projects consistent with the Downtown Plan approved by the City Council in January 2018:

1. Adopt resolutions finding the environmental impacts of the projects were analyzed by, and the development agreements are consistent with, the Addendums to the Downtown Specific Plan 2009 Subsequent Environmental Impact Report that were adopted by City Council on May 13, 2019 by Resolution 2019-064 and October 26, 2020 by Resolution; and

2. Introduce ordinances authorizing execution of Development Agreements for the following Downtown Plan projects:

A) Development Agreement (DA) 19-002 with Red Bear Property Management for Downtown Commercial Uses;

B) Development Agreement (DA) 19-003 with Shakespeare's Associates, Inc. for a Downtown Black Box Theater; and

C) Development Agreement (DA) 19-004 with Quest Science Center for a Downtown Science and Society Center

Planning Manager Steve Stewart presented the staff report.

Mayor Marchand opened the public hearing.

Bev Tretner encouraged the City Council approve the development agreement with Shakespeare Associates.

Laurie Souza encouraged the City Council approve the development agreement with Shakespeare Associates.

There were no more speakers and the hearing was closed.

ON THE MOTION OF CM CARLING, SECONDED BY VM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS AND INTRODUCED THE FOLLOWING ORDINANCES AND DIRECTED STAFF TO PROVIDE A MEMO BEFORE THE END OF THE YEAR LISTING THE SCHEDULE DRIVERS/CONTRAINTS FOR DOWNTOWN ELEMENTS:

Resolution 2020-181 finding the environmental impacts of the Black Box Theater Project were analyzed by, and the Development Agreement with Shakespeare's Associates, Inc. is consistent with, the 2019 and 2020 addendums to the Downtown Specific plan 2009 Subsequent Environmental Impact Report.

Resolution 2020-182 finding the environmental impacts of the Livermore Science and Society Center Project were analyzed by the Development Agreement with Quest Science Center is consistent with the 2019 and 2020 addendums to the Downtown Specific Plan 2009 subsequent Environmental Impact Report.

Ordinance introduced authorizing Development Agreement 19-002 with Red Bear Property Management, Inc. for the Downtown commercial project.

Ordinance introduced authorizing Development Agreement 19-003 with Shakespeare's Associates, Inc. for the Downtown Black Box Theatre project.

Ordinance introduced authorizing Development Agreement 19-004 with Quest Science Center for the Downtown Livermore Science and Society Center Project.

5.04 Hearing to consider a request for an Annexation/Prezoning, Zoning Map Amendment, General Plan Amendment, Variance, Conditional Use Permit and Site Plan Design Review to authorize the development of a commercial plaza (Greenville Plaza), consisting of a convenience store, restaurant with drive-thru, retail building with drive-thru, carwash, 12 stall fuel station with canopy and associated parking, landscaping, and site improvements.

Recommendation: The Planning Commission and staff recommended the City Council take the following actions to authorize the future development of an approximately 12,600 square foot commercial center on the project site:

1. Adopt a resolution adopting the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program pursuant to the California Environmental Quality Act (CEQA); and

2. Adopt a resolution authorizing submittal of an application to the Local Agency Formation Commission (LAFCo) for Annexation (APZ 17-001) of the project site, and a portion of Northfront Road, and authorizing the exchange of property tax revenue and execution of the Transfer of Property Tax Revenues Agreement for the subject property with Alameda County; and

3. Adopt a resolution approving General Plan Amendment (GPA) 20-002, Variance (VAR) 18-002, Conditional Use Permit (CUP) 20-005, and Site Plan Design Review (SPDR) 17-001 subject to annexing the project site into the City of Livermore and the conditions of approval; and

4. Introduce an Ordinance pre-zoning the project site to Highway Service Commercial (CHS).

Associate Planner Turhan Sonmez presented the staff report.

Milestone Associates Architect Julio Tinajero provided a presentation related to the project.

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 INSTRUCTED STAFF TO ADD IN THE ORIGINAL ROOF DESIGN AND CONDUIT FOR FAST CHARGING STATIONS AND ADOPTED THE FOLLOWING RESOLUTIONS AND INTRODUCED THE FOLLOWING ORDINANCES:

Resolution 2020-183 adopting the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program pursuant to the California Environmental Quality Act (CEQA); and

Resolution 2020-184 authorizing submittal of an application to the Local Agency Formation Commission (LAFCo) for Annexation (APZ 17-001) of the project site, and a portion of Northfront Road, and authorizing the exchange of property tax revenue and execution of the Transfer of Property Tax Revenues Agreement for the subject property with Alameda County; and

Resolution 2020-185 approving General Plan Amendment (GPA) 20-002, Variance (VAR) 18-002, Conditional Use Permit (CUP) 20-005, and Site Plan Design Review (SPDR) 17-001 subject to annexing the project site into the City of Livermore and the conditions of approval; and

Ordinance introduced amending the zoning map of the City of Livermore for pre-zoning of the project site to Highway Service Commercial (CHS) for the Greenville Plaza Project.

5.05 Hearing to establish the annual affordable for-sale prices, rental rates, maximum income limits, and affordable housing in-lieu fee. The City's Affordable Housing In-Lieu Fee will increase from $28.52 to $29.23 per square foot pursuant to the City's Affordable Housing Fee Ordinance.

Recommendation: Staff recommended the City Council adopt a resolution.

1. Establishing new maximum income limits for extremely low-, very low-, low-, median- and moderate-income households, which shall apply to the City's first-time homebuyer and affordable rental programs; and

2. Establishing maximum for-sale housing prices for the Affordable Homeownership Program which will be effective for homes sold through the program beginning January 1, 2021, and establishing updated annual rent limits for City-restricted affordable units effective immediately upon adoption by City Council; and

3. Updating the Affordable Housing Fee for residential for-sale development to $29.23 per square foot, to become effective 60 days after adoption by City Council.

Housing Programs Manager Fran Reisner presented the staff report.

Mayor Marchand invited public comment.

Brittni Kiick requested Council clarify how often income limits are updated.

There were no speakers and the hearing was closed.

In response to Mayor Marchand's question, in reference to Mrs. Kiick's request, Mrs. Reisner clarified that the income limits are updated by the state annually and are based on HUD numbers.

CM Munro requested that staff looking into other forms of funding or regional partnerships to help address the affordable housing problem.

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 2020-186 establishing the Affordable For-Sale Prices, Rental Rates, Maximum Income Limits, and Affordable Housing In-Lieu Fee.

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.

Mayor Marchand invited public comment.

There were no speakers and the hearing was closed.

THE CITY COUNCIL RECEIVED THE REPORT.

6.02 Resolution ratifying the First Amendment to the Director of Emergency Services' temporarily prohibiting third-party food delivery services from charging more than 15 percent for online orders and clarifying that the order sunsets upon full resumption of indoor dining.

Recommendation: Staff recommended the City Council adopt a resolution ratifying the Director of Emergency Services' Emergency Order No. 20-7.1.

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

Mayor Marchand invited public comment.

Brittni Kiick requested that the City Council expand the criteria for business owners needing assistance so more would be eligible.

There were no more speakers and the hearing was closed.

In response to questions from VM Woerner, Mr. Van de Water stated that the City had received 96 complete applications with 32 approved and paid for reimbursement of COVID-19 related expenses and the City will continue accepting applications for the next three weeks.

VM Woerner directed staff to set clear timeframe expectations once applications are submitted. He requested additional communication be provided to applicants encouraging them to follow the rules when applying for reimbursement. He requested staff provide a memo to the City Council outlining improvements to the program that would provide a faster timeframe for reimbursements.

In response to questions from CM Munro, Mr. Van de Water shared that City staff has reached out to all 62 applicants with incomplete applications to see how staff can assist them.

In response to questions from CM Carling, Mr. Van de Water stated that the criteria included two or more employees and $2,000 minimum expenditures. He stated that City Council could review the qualifications and make modifications if they wished.

ITEMS 6.2 - 6.4 WERE PASSED IN ONE VOTE. ON THE MOTION OF VM WOERNER, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2020-187 ratifying the Director of Emergency Services' Emergency Order No. 20-7.1.

6.03 Resolution ratifying the Third Amendment to the Director of Emergency Services' continuing the temporary moratorium on the imposition of fines, penalties and interest imposed for failure to pay timely the City 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.

Recommendation: Staff recommended the City Council adopt a resolution ratifying the Director of Emergency Services' Emergency Order No. 20-2.2.

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

ITEMS 6.2 - 6.4 WERE PASSED IN ONE VOTE. ON THE MOTION OF VM WOERNER, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2020-188 ratifying the Director of Emergency Services' Emergency Order No. 20-2.2.

6.04 Resolution ratifying the Fourth amended order of the Director of Emergency Services regarding the temporary moratorium on residential and commercial evictions resulting from 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 No. 20-3.4.

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

ITEMS 6.2 - 6.4 WERE PASSED IN ONE VOTE. ON THE MOTION OF VM WOERNER, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2020-189 ratifying the Director of Emergency Services' Emergency Order No. 20-3.4.

6.05 Resolution awarding bid to and authorizing execution of an agreement with Integra Construction Services, Inc. for the construction of Livermorium Plaza at Mills Square Park, Project No. 2014-36 in an amount not-to-exceed $3,188,700 and authorizing a supplemental appropriation of $180,000 from the General Fund and up to $1,120,000 from Park in Lieu Fees in FY 2020-21.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Awarding Bid and Authorizing execution of an agreement, subject to City Attorney approval of insurance certificates, with Integra Construction Services, Inc., in an amount not to exceed $3,188,700 for construction of Livermorium Plaza at Mills Square Park, Project No. 2014-36 with actual compensation to contractor being limited to base bid plus Council's chosen add alternates, if any; and

2. Authorizing a supplemental appropriation of $180,000 from the General Fund (Fund 001) and $1.120,000 total appropriation from the Park in Lieu Fee Fund (Fund 337) in Fiscal Year 2020-21, which represents $861,500 for the base bid Livermorium Plaza at Mills Square Park, Project No. 2014-36 with an additional appropriation of $258,500 for each selected add alternates.

City Engineer Cheri Sheets presented the staff report.

In response to questions from Mayor Marchand, Mrs. Sheets confirmed that Integra had experience with several similar projects

Mayor Marchand invited public comment.

Brittni Kiick stated that tables and chairs would be appreciated by families in the first couple of years.

There were no more speakers and the hearing was closed.

ON THE MOTION OF MAYOR MARCHAND, SECONDED BY VM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION WITH ALTERNATES 1 (LIGHTING CONTROL SYSTEM) & 4 (INCREASED ELECTRON LIGHTS) AND NO TRELIS' OR SAIL:

Resolution 2020-190 awarding bid to and authorizing execution of an agreement with Integra Construction Services, Inc., for the construction of Livermorium Plaza at Mills Square Park, in an amount not-to-exceed $3,188,700; and authorizing a supplemental appropriation of funds in 2020-21.

6.06 Update on homeless encampment clean-up and fire safety education.

Recommendation: Staff recommended the City Council accept an update on and provide direction to the Council Subcommittee on Homelessness on potential strategies to further evaluate.

Homeless Services Analyst Josh Thurman presented the staff report.

CM Carling and CM Munro provided an update.

In response to questions from CM Munro, Police Captain Jeremy Young confirmed the need for ongoing mental health care for the homeless.

Mayor Marchand invited public comment.

There were no speakers and the hearing was closed.

ON THE MOTION OF CM CARLING, SECONDED BY CM MUNRO AND CARRIED ON A 5-0 VOTE AND REQUESTED THE SUBCOMMITTEE TO RETURN WITH SPECIFIC ACTION ITEMS.

ON THE MOTION OF CM MUNRO, SECONDED BY VM WOERNER AND CARRIED WITH A 5-0 VOTE, THE CITY COUNCIL DECIDED TO PROCEED WITH THE MEETING UNTIL 11:30 PM.

6.07 Resolution accepting the Fiscal Year 2019-20 Comprehensive Annual Financial Report (CAFR) and other annual reports.

Recommendation: Staff recommended the City Council adopt the resolution.

Administrative Services Director Douglas Alessio presented the staff report.

Mayor Marchand invited public comment.

There were no speakers and the hearing was closed.

In response to questions from VM Woerner, Mr. Alessio confirmed that the reserve fund savings is allocated for completing downtown projects.

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 2020-191 accepting the Fiscal Year 2019-20 Comprehensive Annual Financial Report (CAFR) and other annual reports.

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

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

Mayor Marchand asked if there was a motion to continue, seeing none, the meeting was adjourned.

8.

ADJOURNMENT - at 11:39 pm to a regular City Council meeting on November 9, 2020 at 7:00 pm, held virtually via Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK