Livermore City Council 2/22/2021

 

1. CALL TO ORDER / PLEDGE OF ALLEGIANCE

2. PROCLAMATIONS AND PRESENTATIONS

3. CITIZENS FORUM

4. CONSENT CALENDAR

5. PUBLIC HEARINGS

6. MATTERS FOR CONSIDERATION

7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

8. ADJOURNMENT


CITY COUNCIL


February 22, 2021

________________________________________________________________

REGULAR MEETING

1.

1. CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor Bob Woerner at 7:00 pm, held via teleconference using Zoom and YouTube.

ROLL CALL - Present: Mayor Bob Woerner, Vice Mayor Trish Munro and Council Members Regina Bonanno, Robert W. Carling, and Brittni Kiick.

PLEDGE OF ALLEGIANCE

2.

2. PROCLAMATIONS AND PRESENTATIONS

2.1 Human Services Commission Annual Update

Recommendation: Staff recommended City Council accept the update.

Chair Marti Sutton presented the update.

2.2 Confirmation of Advisory Body Appointment to the Livermore Area Youth Advisory Commission.

Recommendation: The City Council Subcommittee on Advisory Bodies recommended the City Council confirm the advisory body appointment and direct the City Clerk to schedule an individual meeting with the new member to administer the oath of office.

Livermore Area Youth Advisory Commission

Christian Quindipan to an unexpired and regular term ending September 1, 2023.

Mayor Woerner invited public comment

Prateek Gupta stated that he would like to apply for an advisory body and was noting his attendance at the meeting.

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

ON THE MOTION OF CM CARLING, SECONDED BY CM KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENT.

3.

3. CITIZENS FORUM

Mayor Woerner invited public comment

Felicia Ziomek expressed concerns regarding the development of the airport and its effect on noise and property values.

Jackie Cota spoke regarding the new COVID-19 rules and stated that numbers of positive cases had been significantly overstated.

Kamal expressed concerns regarding an airport expansion due to the potential impacts on air quality, quality of life, and the K-12 school impact.

AJ Wright, AJ's Bike Service, stated that his home-based business followed COVID-19 guidelines and provided a service to the community. He requested City Council consider zoning changes that would allow him to continue to operate.

Joe Hagashi spoke in support of AJ's Bike Service.

Brian Cambra spoke in support of AJ's Bike Service.

Sandra Chesterman spoke in support of AJ's Bike Service.

Joe Boice spoke in support of AJ's Bike Service and stated that AJ was a good neighbor.

John King spoke in support of AJ's Bike Service and stated that he had a good experience with his business.

Prateek Gupta stated he was interested in applying for the Community Asset Management Program Committee and provided comment in support of AJ's Bike Shop.

Christopher Olsen spoke in support of AJ's Bike Service.

Tim Winters spoke in support of AJ's Bike Service.

Mayor Woerner stated that since the item was not on the agenda it could not be discussed but that he would address it during Matters Initiated.

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

4.

4. CONSENT CALENDAR

Mayor Woerner invited public comment.

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

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

4.1 Approval of draft minutes - September 14, 2020 City Council Regular Meeting.

4.2 Introduction of an ordinance amending Livermore Municipal Code Section 15.02.020 of Title 15, Building and Construction, Chapter 15.02, by adopting by reference the 2019 California Building Code, Matrix Adoption Table, Appendix O - Emergency Housing

Recommendation: Staff recommended the City Council introduce an ordinance with an effective date of April 7, 2021, modifying Livermore Municipal Code Section 15.02.020 of Chapter 15.02 (Building Code) by adopting by reference the 2019 California Building Code, Matrix Adoption Table, Appendix O - Emergency Housing.

4.3 Resolution 2021-019 authorizing the execution of a lease agreement with New Cingular Wireless PCS, LLC for the construction and maintenance of a wireless telecommunications facility on Livermore Airport property.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to execute a lease agreement between the City and New Cingular Wireless PCS, LLC for the construction and maintenance of a wireless telecommunications facility at Livermore Airport.

4.4 Resolution 2021-020 accepting $1,250,000 from the Alameda County Non-Housing Residual Property Taxes, authorizing the City Manager to execute a Second Amendment with CrossWinds Church, and disbursing the funds to CrossWinds Church for 28 temporary housing units for unsheltered residents with on-site services located at CrossWinds Church.

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

1. Acceptance of $1,250,000 from the Alameda County Non-Housing Residual Property Taxes ("Boomerang Funds") for project personnel, site development, construction, delivery, installation, and furnishing 24 structures, totaling 28 temporary, moveable units with on-site services located at CrossWinds Church in Livermore;

2. The City Manager to execute a Second Amendment to the Agreement with CrossWinds Church for the use of the Alameda County Non-Housing Residual Property Taxes ("Boomerang Funds"); and

3. Disbursement of $1,250,000 of Alameda County Non-Housing Residual Property Taxes ("Boomerang Funds") to CrossWinds Church in accordance with the Second Amendment to the Agreement attached as Exhibit B-3 to the resolution.

4.5 Resolution 2021-021 authorizing the execution of current and future property purchase agreements for the Arroyo Road Path, Project No. 2017-23, and determining that a General Plan consistency determination is not required.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Authorizing the City Manager to execute current and any future Property Purchase Agreements needed for the Arroyo Road Path, Project No. 2017-23; and

2. Determining that a General Plan consistency determination is not needed, because the acquisitions are for street purposes and are minor in nature.

5.

5. PUBLIC HEARINGS

5.1 Hearing to consider a Downtown Specific Plan amendment regarding parking stall dimensions in structured parking.

Recommendation: The Planning Commission recommended the City Council:

1. Adopt a resolution finding that the project is exempt under the California Environmental Quality Act;

2. Adopt a resolution adopting Specific Plan Amendment 20-003, amending provisions of the Downtown Specific Plan to allow up to 35% of private and public structured parking spaces in the Downtown Core Plan area to be eight (8) feet wide; and

3. Instruct staff to file a Notice of Exemption, in accordance with the provisions of the California Environmental Quality Act.

Staff recommended the City Council:

1. Adopt a resolution finding that the project is exempt under the California Environmental Quality Act;

2. Adopt a resolution adopting Specific Plan Amendment 20-003, amending provisions of the Downtown Specific Plan to allow up to 50% of private and public structured parking spaces in the Downtown Core Plan area to be eight (8) feet wide; and

3. Instruct staff to file a Notice of Exemption, in accordance with the provisions of the California Environmental Quality Act.

Principal Planner Steve Riley presented the staff report.

Mayor Woerner opened the public hearing.

James Hutchins spoke in opposition of item. He stated that he drives a larger vehicle and it would be difficult to park in such small spaces.

Jackie Cota spoke in support of Mr. Hutchins comments; stating that small spaces don't allow truck owners or the disabled to get out of the vehicle.

Doris Watson asked if more spaces were added would additional handicapped spaces also need to be added. She spoke in support of others comments.

There were no more speakers and the hearing was closed.

CM Bonanno stated that even though she had participated in this item as a Planning Commissioner she would approach the item with an open mind and would be able to deliberate in her new role as a Council Member.

In response to questions from CM Kiick, resulting from Mrs. Watson's comments, Principal Planner Steve Riley stated that a percentage of spaces must be ADA accessible.

ON THE MOTION OF CM KIICK, SECONDED BY VM MUNRO AND CARRIED ON A 4-1 VOTE, WITH CM CARLING VOTING NO, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:

Resolution 2021-022 finding that the project is exempt under the California Environmental Quality Act;

Resolution 2021-023 adopting Specific Plan Amendment 20-003, amending provisions of the Downtown Specific Plan to allow up to 50% of private and public structured parking spaces in the Downtown Core Plan area to be eight (8) feet wide.

6.

6. MATTERS FOR CONSIDERATION

6.1 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: An oral report was given at the meeting.

Director of Emergency Services Marc Roberts presented the staff report.

In response to questions from CM Kiick, Mr. Roberts stated that data was coming from Alameda County's site.

Mayor Woerner requested a comprehensive outline of current programs and information on programs offered by other cities that Livermore should explore.

Mayor Woerner invited public comment.

Jackie Cota spoke regarding inflated COVID-19 numbers and requested that City Council do away with mask fines.

Razi Hasni, Fitness and Wellness Coalition, stated that he was excited to move into the red tier and offer indoor operating hours.

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

THE CITY COUNCIL RECEIVED THE PRESENTATION.

6.2 Resolution awarding and authorizing execution of an agreement with Roebbelen Contracting, Inc. for construction of the I Street Garage Project No. 2017-15 in an amount not-to-exceed $13,250,000, and awarding and authorizing the execution of an agreement with Consolidated Engineering Laboratories for construction management of the I Street Garage Project No.2017-15 in an amount not-to-exceed $328,700.

Recommendation: Staff recommended the City Council adopt a resolution awarding and authorizing execution of an agreement with Roebbelen Contracting, Inc. for construction of the I Street Garage Project No. 2017-15 in an amount not-to-exceed $13,250,000, and awarding and authorizing the execution of a professional services agreement with Consolidated Engineering Laboratories for construction management of the I Street Garage Project No. 2017-15 in an amount not-to- exceed $328,700, and authorizing the City Manager to sign the agreements.

Assistant City Engineer Joel Waxdeck presented the staff report.

Mayor Woerner invited public comment.

Jackie Cota asked why the City Council was changing the plans approved by residents and stated that making parking spaces of different sizes was not inclusive.

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

City Council requested that the number of open parking spaces (including their width) be available on an app for residents.

In response to questions from Mayor Woerner, Mr. Roberts stated that solar panels on the garage is not cost effective but may be an option for grant funding in the future.

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

Resolution 2021-024 awarding and authorizing execution of an agreement with Roebbelen Contracting, Inc. for construction of the I Street Garage Project No. 2017-15 in an amount not-to-exceed $13,250,000, and awarding and authorizing the execution of a professional services agreement with Consolidated Engineering Laboratories for construction management of the I Street Garage Project No. 2017-15 in an amount not-to- exceed $328,700, and authorizing the City Manager to sign the agreements.

7.

7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

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

Council Members provided report out information that is available in the supplemental packet.

AJ's Bike Service Mayor Woerner requested that staff initiate a review of home occupancy permit requirements and bring back an item for City Council consideration at the second meeting in April or first meeting in May.

In response to questions from Mayor Woerner, Mr. Roberts stated that the business has been provided an interim license while staff reviews the permit requirements.

Report-Out Form CM Kiick requested the report out form be brought back at the next meeting for City Council approval.

Tri-Valley-San Joaquin Valley Regional Rail Authority CM Kiick noted that the commission considered an Anti-discrimination policy.

East Bay Community Energy discussed allowing one baseline product to be changed per City but any changes beyond that would be at the expense of the City. She requested an item be added to a future agenda to discuss policy changes at EBCE.

Stopwaste.org CM Carling noted his attendance at the February 11, 2021 meeting.

Equity and Inclusion Workshop CM Carling and VM Munro noted their attendance at the meeting on February 16, 2021.

Livermore Amador Water Management Agency CM Carling, Mayor Woerner, and CM Bonanno noted their attendance at the meeting of February 17, 2021.

Livermore Downtown, Inc., CM Bonanno noted her attendance at the board meeting on February 16, 2021.

Intergovernmental Agencies CM Bonanno and VM Munro noted her attendance at the meeting.

Innovation Tri-Valley VM Munro noted her attendance at the January 12, 2021 meeting.

2020 Accomplishments VM Munro requested that City Council find a way to acknowledge accomplishments of the year despite the pandemic.

Alameda County Redistricting VM Munro suggested an active proposal to gather data from many different groups and conduct robust public outreach.

8.

8. ADJOURNMENT - at 10:21 pm to a Special Meeting Workshop on March 1, 2021 at 9:00 am related to City Goals and Priorities, held virtually via Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK