Livermore City Council 5/24/2021

 

1. CALL TO ORDER / PLEDGE OF ALLEGIANCE

2. PROCLAMATIONS AND PRESENTATIONS

3. CITIZENS FORUM

4. CONSENT CALENDAR

5. PUBLIC HEARINGS

ADJOURNMENT


CITY COUNCIL


May 10, 2021

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CLOSED SESSION

CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor Bob Woerner at 6:30 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.

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

ADJOURN TO CLOSED SESSION

1. Conference with Labor Negotiator. To meet with Douglas Alessio, Administrative Services Director, the City's negotiator pursuant to Government Code section 54957.6 regarding negotiations with the Livermore Police Management Association.

2. Conference with Labor Negotiator. To meet with Douglas Alessio, Administrative Services Director, the City's negotiator pursuant to Government Code section 54957.6 regarding negotiations with the Livermore Management Group.

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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

REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala said there was no reportable action.

2.

2. PROCLAMATIONS AND PRESENTATIONS

2.1 Proclamation declaring June as Safety Awareness Month.

Recommendation: Staff recommended City Council declare June as Safety Awareness Month.

Mayor Woerner presented a proclamation to Risk Manager Janet Hamilton declaring June as Safety Awareness Month.

2.2 Confirmation of Advisory Body appointments to the Beautification Committee, Historic Preservation Commission, Livermore Housing Authority, Human Services Commission, Library Board of Trustees, and Livermore Area Youth Advisory Commission (LAYAC).

Recommendation: The City Council Subcommittee on Advisory Bodies recommended the City Council confirm the advisory body appointments and direct the City Clerk to schedule individual meetings with the new members to administer the oath of office

Beautification Committee

Reappointment of Saundra Lormand to a regular term ending June 1, 2025.

Historic Preservation Commission

Reappointment of Michelle Setchell to a regular term ending May 1, 2025.

Housing Authority (Tenant)

Appointment of Heather Casey to an unexpired term ending January 1, 2023.

Human Services Commission

Appointment of Sarah Ou to an unexpired term ending November 1, 2023.

Library Board of Trustees

Appointment of Lainie Pascall to an unexpired term ending June 1, 2022.

Appointment of Richard Hunt to a regular term ending June 1, 2024.

Livermore Area Youth Advisory Commission (LAYAC)

Appointment of Asmith Aluri to a regular term ending September 1, 2023.

Appointment of Natalie May to a regular term ending September 1, 2023.

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

City Clerk Marie Weber will arrange the administration of the oath of office to new appointees prior to participating in their first advisory body meeting.

3.

3. CITIZENS FORUM

Comments received via Zoom

Jackie Cota requested City Council begin in-person meetings.

Dan Pierce requested City Council begin in-person meetings.

Veronica Stewart Long stated that she noticed a trend of disparaging comments and encouraged City Council members to prioritize civic engagement.

Karl Wente spoke regarding good government and thanked the City Council.

Vaughdraggoo encouraged residents to check out a middle school summer camp held by Quest Science Center.

4.

4. CONSENT CALENDAR

Mayor Woerner opened the public comment.

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

ON THE MOTION OF VM MUNRO, SECONDED BY MAYOR WOERNER, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED ITEM 4.1 WITH CM BONANNO ABSTAINING.

ON THE MOTION OF CM BONANNO, SECONDED BY VM MUNRO, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 4.1.

4.1 Approval of draft minutes - January 11, 2021 City Council Regular Meeting and January 25, 2021 City Council Special Meeting.

Recommendation: Staff recommended the City Council approve the draft minutes.

4.2 Approval of draft minutes - May 10, 2021 City Council Regular Meeting and May 17, 2021 City Council Special Meeting.

Recommendation: Staff recommended City Council approve the draft minutes.

4.3 Resolution 2021-065 authorizing acceptance for permanent maintenance and release of security for the 2018 Arterial Street Rehabilitation project.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the 2018 Arterial Street Rehabilitation, Project No. 2018-46, Federal Aid Project No. STPL 5053 (31).

4.4 Resolution 2021-066 authorizing an agreement with Terracare Associates for City-Wide Landscape Maintenance Services in an amount not-to-exceed $2,934,000.

Recommendation: Staff recommended City Council adopt a resolution authorizing execution of a three-year agreement with the option of two 2-year agreement extensions with Terracare Associates to provide landscape maintenance services for City maintained landscape areas, in an amount not-to-exceed $2,934,000 over the initial three-year term.

4.5 Resolution 2021-067 authorizing summarily vacating a portion of Church Street (Cowboy Alley) right-of-way along the frontage of Livermore High School and authorizing the City Manager to execute a quit claim deed

Recommendation: Staff recommended the City Council adopt a resolution:

1. Determining that the action to summarily vacate a portion of Church Street right-of-way to accommodate a wheelchair ramp and stairs that access the new Athletic Complex at Livermore High School is exempt from CEQA pursuant to 14 California Code of Regulations, Section 15061;

2. Summarily vacating the portion of the right-of-way that is no longer needed by the City; and

3. Authorizing the City Manager to quitclaim the portion of the right-of-way that is no longer needed by the City to Livermore Valley Joint Unified School District.

4.6 Resolution 2021-068 approving Public Art Project and Program Funding Applications and authorizing agreements for funding of Arts Enrichment Projects and Programs totaling $21,500.

Recommendation: The Commission for the Arts and staff recommended the City Council adopt a resolution approving the execution of the following Project and Program Grant Agreements:

1. Cheza Nami Foundation, Inc. - $10,000 for the 9th annual Taste of Africa Festival

2. East Bay Holocaust Education Center Inc. - $1,500 for the broadcasting of an online staged reading of a Holocaust play

3. Only Up LLC - $10,000 for the Arts & Cultural Festival

4.7 Resolution 2021-069 approving a Memorandum of Understanding for the Operation and Maintenance of the East County Animal Shelter.

Recommendation: Staff recommended the City Council adopt a resolution approving a Memorandum of Understanding with the County of Alameda and the cities of Dublin, Livermore and Pleasanton for the maintenance and operation of the East County Animal Shelter located at 4595 Gleason Avenue in the City of Dublin.

4.8 Resolution 2021-070 authorizing the display of the Philadelphia Rainbow Pride Flag for the month of June 2021.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the display of the Philadelphia rainbow pride flag on the flagpole at the Civic Center Campus for the month of June 2021.

5.

5. PUBLIC HEARINGS

THIS ITEM WAS REMOVED FROM THE AGENDA AND WILL BE PLACED ON A FUTURE CITY COUNCIL MEETING.

5.1 Hearing to consider a request to adopt a resolution amending the City's Development Impact and Connection fees to modify existing fees for the Isabel Neighborhood Specific Plan area.

Recommendation: Staff recommended the City Council adopt a resolution amending the City's Development Impact and Connection fees to modify existing fees for the Isabel Neighborhood Specific Plan area.

5.2 Hearing to consider a request for Downtown Design Review and Vesting Tentative Parcel Map to develop the western portion of the Downtown Core site (formerly Livermore Village) with the affordable housing component of the Downtown Plan approved by the City Council on January 29, 2018, and a First Amendment to Disposition, Development and Loan Agreement (DDLA) with Eden Housing, Inc.

Recommendation: The Planning Commission and staff recommended the City Council:
1. Find the project is exempt from the California Environmental Quality Act pursuant to Government Code Section 65457 and Sections 15182 (c), 15332, 15304 (a)(b), and 15308 of the CEQA Guidelines, each as a separate and independent basis;

2. Approve Downtown Design Review 20-019 and Vesting Tentative Parcel Map 11186 - Subdivision 21-003, subject to the attached Conditions of Approval; and

3. Authorize the City Manager to execute the First Amendment to Disposition Development and Loan Agreement with Eden Housing, Inc.

Associate Planner Jake Potter presented the staff report.

Mayor Woerner opened the public hearing.

Victor Almeida spoke in support of the project. He stated he is a resident with autism that lives in affordable housing. He believed having more affordable housing would help the community.

John Marchand spoke in support of the project stating that no alternative plan existed. He stated the project was a win-win situation and urged the City Council to move forward.

Marti Sutton spoke in support of the Eden Housing project; she stated it would help essential workers and their families.

Sue Marchand spoke in support of the project. She stated that she was a retired teacher who was concerned for homeless students. She also stated that the project was the only real plan, no alternative plan exists.

Maryann Lampley, Genesis spoke in support of the project.

Rachael Snedecor, Livermore Downtown, Inc. spoke in support of the project and the need for affordable housing.

Troy Munoz, Local Carpenters, spoke in support of the project stating that it would create job opportunities and opportunities for apprentices.

Lisa Tromovitch, Shakespeare's Associates, Spoke in support of the project stating that workforce housing is needed for essential workers.

Brook Witherspoon Spoke in support of the project; she stated that affordable housing provided housing opportunities for all incomes.

Ann King, Tri-Valley Haven Executive Director, spoke in support of the project. She stated that only 15% of her workers could afford to live in Livermore. She also stated that the thrift store and food pantry would help assist low income residents.

Maryann Brent spoke in opposition of the project. She expressed concerns that the housing would create a canyon affect in downtown Livermore.

Rick Edson spoke in support of the project. He stated that an alternative plan would result in unnecessary delays.

Karl Wente spoke in support of the project and emphasized the need for workforce housing across many occupations.

Mark Palajac, Livermore Housing Authority, spoke in support of the project and stated that he looked forward to being able to help people with vouchers.

Laning Thompson, Interfaith Housing President, spoke in support of the project and stated that Livermore was in need of affordable housing.

Matthew Wardlaw, Union Member, spoke in support of the project.

Jim Summers spoke in support of the project.

Alex Werth, Policy Manager at East Bay Housing, spoke in support of the project.

Nathan B. spoke in support of the project and stated that he would like to move back to his hometown after college.

Alan Burnham spoke in support of the project.

John Hogan Urged people who would like the project at a different location to provide the financial resources needed.

Patrick Coyle spoke in support of the project and the integration with Stockmen's Park.

Alan Marling spoke in support of attainable affordable housing.

Johnna Thompson spoke in opposition of the project as a retired math teacher. She stated the project did not represent a win-win.

Joelle spoke in support of the project and expressed disappointment at the misinformation being shared in the community.

Bill spoke in opposition of the project. He expressed concern that teachers wouldn't qualify for the housing and stated that he had seen other communities deteriorate.

Katie Marcel spoke in support of the project and stated the City had an obligation to build downtown.

Dawn Argula, President, Livermore Valley Chamber of Commerce spoke in support of affordable housing and urged City Council to approve.

Laura Angelo spoke in opposition of the project stating that the proposed housing was too large for the site. She also expressed concerns regarding a lack of historic character, insufficient parking, and traffic congestion.

Brian Werner spoke as a sheet metal workers representative in Livermore and shared his support for the project.

Maureen Hamm spoke in support of the project for families and young children who need housing.

Kelly Erardi spoke in support of the project and expressed appreciation that it will provide housing for the local workforce to live in town.

Debbie, Board Member of Livermore Winegrowers Association, expressed her support for the project.

Patrick Refsnider, teacher, spoke in support of the project stating that this housing will provide housing for teachers.

Maodan Tohouri urged the City Council to approve the project and demonstrate their support for racial equity in Livermore.

Melanie Reed spoke in opposition of the project expressing concerns related to the location, high density, and lack of character.

Yolanda Meider expressed opposition to the Eden Housing Plan, not affordable housing. She expressed concerns that the location would ruin the charm of Livermore.

Diana Pinzon spoke in support of the project as an advocate for youth and Eden Housing resident.

D'jon Scott-Miller, Executive Director of the Livermore Housing Authority, spoke in support of the project stating that it would help the community and was an appealing project.

Laura Hansen spoke in opposition of the project. She expressed concerns that it would change the character of Livermore, have negative environmental impacts, and parking issues.

David Best spoke in support of the project. He stated that the City was fortunate to have the developer of the project and the Eden Housing group to work with.

Tony Hitter spoke in opposition of the project and expressed concerns related to a lack of parking and charm. He urged City Council to consider other bids submitted for the site.

Beth Refsnider, Assistant Winemaker, spoke in support of the project and stated she would like to see people who work in the City be able to live here.

Michael Mendenhall (he/they) spoke in support of the project and stated that the City already has enough high cost housing.

Ed Cheung, Livermore, spoke in opposition of the project. He stated he approves of affordable workforce housing but that the City needs a plan with parking, open space and the welcoming charm of downtown.

Sblend Sblendorio, Tri-Valley Innovation, spoke in support of the project stating that the City's workforce needed to live near where they work.

Adam Feidy spoke in support of affordable housing for local workers. He also shared that it is hard for local businesses to hire given the cost of living.

Jessica Adrian Rodriguez spoke in opposition of the project. She stated that the City needed to come up with a better plan. She expressed concern that the downtown location won't be near services that the people who live there may need.

Mark Buck, International Electricians 595 Alameda County, spoke in support of the project.

Kathy La Point-Collup, Pastor Asbury Methodist Church, spoke in support of the project and stated that she talks to people often who need the housing.

Emily Wilson (she/they), Founder of Tri-Valley for Black Lives Matter, spoke in support of the project and urged the City Council to show that they support racial equity by approving the project.

Harold Roundtree spoke in support of workforce housing and stated that the project will help businesses to recruit employees.

Steven Mirassou, Owner, Steven Kent Winery and President of Livermore Winegrowers Association, spoke in support of the project. He stated that hospitality is part of the fabric of the City and that workforce housing is needed.

Tara Hamm expressed concerns regarding the project being low end. She stated that if the housing was built the City would never be able to get back what it had.

Peter stated that he didn't feel residents had enough information and requested more time and information before a decision was made.

Margaret Ann Fortner, CityServe, Crisis Stabilization, stated that the project would help those with housing instability, essential workers, shops, retail workers, and others.

Beth Trutner expressed appreciation support for all the time spent on the project.

Carla Hanson (she/her), Prior public-school teacher, expressed opposition for the project stating that a single first year teacher would not quality on their own and that it would ruin the downtown.

Jean King, Save Livermore Downtown, expressed opposition for the project stating that she sent letters from an attorney that approving the project would be unlawful. She stated the project was not exempt from CEQA, not in line with the Downtown Plan, and that the group would go to court if needed. She requested the City and Eden meet with them for mediation.

Gloria, East Bay Housing Organization, spoke in support of the project and showing inclusion in Livermore.

Dan Pierce stated that there used to be low wage downtown jobs where people who were living at home could work. He stated that the City didn't need to build affordable housing to support those types of jobs.

James Hutchins expressed opposition for the project and stated that A-1 funds are a loan, not a grant.

Laura Batti spoke in support of the project and a bigger, better Stockmen's Park with workforce housing.

Carole Lince expressed concerns that the project didn't offer enough parking. She stated that parking is a huge problem in the downtown that will only get worse.

Drew Felker spoke in support of the project stating that adding more people downtown adds vibrancy.

Mark Triska spoke in support of the project stating that he owns commercial real estate in downtown and supports workforce housing.

Ellen Raber Expressed opposition for Section 8 high density housing. She supported the integration of affordable housing in Livermore. However, she expressed concerns related to the project stating that every apartment needed at least two spots.

Clark, spoke in opposition of the project stating that it would not broadly benefit people in Livermore. He expressed concerns related to parking and stated that A-1 funds were not enough to push the project through.

David Kent expressed support for the project and stated that additional affordable housing should be placed north of Railroad.

Patrick Burkland spoke in opposition of the project stating that people should live where they can afford.

Glenn Loveall, Local 373 Iron Workers, Oakland, spoke in support of the project stating that it would generation quality jobs and affordable housing.

Emily Moore stated that she lives and works in Livermore. She expressed support for helping the Livermore workforce be able to afford to live in the City.

Rachel Wysong (she/her) spoke in support of the project and providing housing for all who want to live here.

DrG stated that he runs a business in downtown and parking is an issue. He spoke in opposition of subsidized housing, suggesting instead that businesses increase salaries.

Brandon Evan expressed support for the project stating that locals are leaving because they can't afford the cost of living.

Donna Cabanne spoke in opposition of the project stating that there are chemicals on the proposed site and that Eden must address the review and contamination.

Isaiah Campbell (he/his) spoke in support of the project. He stated that he knows people who have been able to live in the City due to subsidized housing.

Victoria Brahaney, Resident Services Manager with Eden Housing, expressed support for the project and stated that services would be made available to residents.

Jackie Cota spoke in opposition of the project. She stated that affordable housing was not needed downtown and that the project felt like a bait and switch.

Ian Karlin spoke in support of the project.

Lynn Wallace Naylor, CEO of Innovation Tri-Valley Leadership Group, spoke in support of the project.

Monith Ilavarsan spoke in support of affordable housing in the tri-valley.

Matt Regan, Bay Area Council, ABAG Regional Planning Committee, spoke in support of the project. He stated that the City was required to build affordable housing units and if they didn't choose, it will be decided for them.

Darcie Kent stated that Eden Housing has supported the entire process and that she supported the project.

Mony Nop spoke in support of affordable housing but urged the City Council to consider relocating the site to a different part of town.

Asa Strout, Livermore, spoke in support of the project and stated that there was no other feasible alternative location.

Chris, Livermore, stated that he didn't support the Eden Canyon downtown site. He stated that Livermore residents were opposed to the project and that developers shouldn't have a say.

Susan Putnam spoke in opposition of the project.

Ron Correll stated that the City needed more workforce housing.

Phiip Petty expressed support for the project stating that the City needs young people and they need to be able to afford to live here.

Linda Milanese stated that preserving open space downtown was as important as affordable housing. She requested City Council move the location of the project out of the downtown.

Carol Silva spoke in opposition of the project location. She stated the City needs a larger park in the downtown. She also stated that affordable housing developments need more parking and an increased number of units.

Allie Felder spoke in support of the project and stated that other options presented were not viable.

Randy Law spoke in opposition of the project location.

Lori Souza spoke in support of the project and stated that no alternative plan existed.

Deborah McQueen opposed the project and stated that lobbying efforts and developers are drowning out the opinions of Livermore residents.

Zoe, Greenbelt Alliance, spoke in support of the project and its proximity to transit.

Rick Nordyke stated that no information about the project location was provided before this meeting and requested that the City Council wait and move the location north of Railroad Avenue.

Matt Toomey spoke in support of the project and stated that people deserve to live and work in Livermore.

Wayne Kool spoke in support of the project and urged City Council move forward with the existing plan.

Judy Thompson spoke in opposition of the project location. She stated that the City had an attractive downtown and needed a bigger Central Park. She urged the City Council not to lose the space and stated that businesses could pay workers more.

Michael Perrucci, Livermore, spoke in opposition of concentrated low-income residents in the downtown.

Paul Speroni, Livermore Business owner, spoke in opposition of the project and expressed concerns regarding parking and traffic issues. He stated that the project does not benefit all residents and that better planning was needed.

Brian spoke in opposition of the project location and urged the City Council to move the project north of Railroad Avenue.

Kristie Turner spoke in opposition of the project's density and encouraged the City Council to find an alternative. She stated that more open space was needed at that site.

Veronica Stewart Long supported the need for affordable housing but stated that she did not agree with the location or apartments in a public space. She urged City Council to have positive open space at the current project site rather than affordable housing.

Mike Fredrich stated that businesses want the public to subsidize their workers and that they needed to pay more. He expressed concern about parking issues and urged the City Council to have open space at that location.

There were no more speakers and the hearing was closed.

ADJOURNMENT - at 10:33 pm to an adjourned regular City Council meeting on May 25, 2021 at 2:00 pm, held virtually via Zoom.