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Following years of community debate and court proceedings, an affordable housing project downtown Livermore appears to be advancing once again given the Livermore City Council’s go-ahead Monday on an agreement between the city and nonprofit developer Eden Housing, Inc.
The development is set to include 130 units of workforce housing on an approximately two-acre parcel, located southeast of the Railroad Avenue and L Street intersection.
The council voted 4-1 Monday to approve a resolution “ratifying, reaffirming and readopting” the amended and restated disposition, development and loan agreement with Eden Housing, excluding construction of an improvement to Veterans Park. Councilmember Ben Barrientos cast the sole dissenting vote, suggesting the construction of a park instead of the housing project.
The resolution was previously approved June 24, 2024, but a trial court found its adoption to be “premature” per the California Elections Code, as it was “substantially similar” to a 2022 resolution that was repealed less than one year prior, according to the staff report prepared by Livermore assistant planner Shannon Pagan. The city and Eden Housing appealed the ruling and await a decision by the appellate court, which is scheduled for oral argument August 21.
The council’s approval on Monday allows Eden Housing to secure final construction financing to implement the project — pursuant to the terms of the agreement — excluding any work related to Veterans Park. Their action also further acknowledges that the agreement remains in effect as of the date it was signed, May 24, 2022.
“We can sit here and debate all day, how to make the perfect housing complex and to have it be placed in the most perfect spot. There’s no perfection,” Councilmember Kristie Wang said during the meeting. “We needed the 130 units of affordable housing seven years ago. We just can’t wait any more.”
Long before Monday’s meeting, the council approved the 2018 Downtown Plan January 29, 2018 for the development of portions of the Livermore Village Site to include up to 130 units of workforce housing, Stockmen’s Park, a science center, a black box theater, retail space as well as a linear public park that would become known as Veterans Park, according to the staff report.
On November 26, 2018, council approved the original DDLA to sell a portion of the Livermore Village Site to Eden Housing, Inc. to develop a multi-family affordable rental housing project with up to 130 units of workforce housing, the staff report states.
The council later approved an amended DDLA May 24, 2021 to clarify certain terms and conditions of the property transfer and ownership. This amendment reflected that the Veterans Park parcel would remain under the city’s ownership and that Eden Housing would coordinate with the city to allow for the development of a publicly accessible community park space named Veterans Park, according to the staff report. Veterans Park was meant as an addition to Stockmen’s Park, which occupies a different portion of the Livermore Village Site.
The amended DDLA also gave the city the option to negotiate a future construction and reimbursement agreement with Eden Housing to coordinate the construction of Veterans Park.
On May 24, 2022, the council green lit a resolution authorizing the execution of an amended and restated DDLA with Eden Housing, following the delay caused by a failed lawsuit that challenged project entitlements, according to the staff report. This resolution also included language for the construction of and improvements to Veterans Park by Eden Housing.
During July of that year, oppositional group Move Eden Housing presented a petition against the 2022 resolution for processing as a referendum, according to the staff report. But the city did not process the petition at the time, since approval of the DDLA was considered administrative in nature, rather than legislative, and therefore ineligible for a challenge by referendum.
The trial court ruled in favor of the city. But the appellate court later ruled March 6, 2024 that the portions of the agreement approving the construction of and improvements to Veterans Park were subject to referendum. It found that the housing elements were ineligible for challenge by referendum.
The Alameda County Registrar of Voters’ Office processed the referendum and issued a notice of sufficiency after examining the signatures, the staff report states. The city council was slated to either repeal the 2022 resolution or call for an election.
On June 24, 2024, city council adopted resolutions to accept the Alameda County Registrar of Voters’ certification of the referendum petition and to repeal the 2022 resolution. During the same meeting, the council also adopted a companion resolution to ratify, reaffirm, and readopt the Amended and Restated DDLA with Eden Housing, excluding the construction of and improvements to Veterans Park and acknowledging that the agreement remains in effect as of the date it was signed, the report states.
MEH challenged the adoption of the companion resolution and the trial court ruled that the resolution was “premature” because it was “substantially similar” to the 2022 resolution, the staff report states.
The city and Eden Housing have appealed the trial court’s ruling and now await a decision by appellate court.
During public comment surrounding Eden Housing July 28, over half of the eleven speakers expressed support for the project to progress. Among the letters and e-comments submitted to the city, all but one of the approximately 20 submissions also expressed support for the project.
“If it wasn’t for the years of delay caused by unnecessary lawsuits, this project would have been completed and opened in 2023,” Eden Housing project developer Vasko Yorgov said during public comment.
“Sadly, while the project has been stuck in court, the need for affordable housing has only grown more acute,” Yorgov said.
Eden Housing saw this demand first-hand earlier this year, when the organization received 6,700 applications for 72 units of affordable housing, according to Yorgov.
The delay also forced Eden Housing to return a competitive tax credit financing award that will require time and energy to acquire again, Yorgov said.
“The downtown Livermore apartments should have been built long ago and there is an even greater need for affordable housing for Livermore’s workforce and its families,” Livermore Valley Chamber of Commerce President and CEO Sherri Souza said.
Speaker Alan Burnham later requested the council to approve the agreement.
“I urge you to vote for this tonight. Not because it’s a perfect plan, but it’s because, if we’re going to build it this century, we need to actually make some decisions and move on,” Burnham said.
On the oppositional side, public commenters requested that the council delay their decision and voiced support for relocating the housing project and constructing a park in its place.
“What the people want is shopping and open space in our downtown area. They don’t need a four-story place. There’s other places we can put it,” speaker Tom Ramos said.
Tom Soules, candidate for Livermore Council during last year’s election, agreed that Eden Housing should be located elsewhere.
“I have only one motivation and that is, I want a beautiful downtown in Livermore,” Soules explained.
Julie Wild, another public commenter, argued that council’s approval Monday would disregard the prior referendum.
“Ignoring a referendum today sends a clear message to Livermore residents that their voices simply don’t matter and any future referendums will be ignored as well,” Wild said.
The council repealed the previously approved agreement based on the appellate court’s ruling that park provisions were subject to referendum, Mayor John Marchand later replied.
Given the appellate court’s upcoming decision, Carol Silva suggested the city council postpone its decision.
“In the end, what you’re doing is delaying much needed affordable housing and to me, it’s unconscionable”, Wang later said in response to the variety of opposing arguments.
The project will provide much-needed housing for people working in the city, including educators and those helping provide services, Vice Mayor Evan Branning said.
“It causes me a great deal of pain to hear people speak out against affordable housing,” Branning said. “This is a beautiful project.”
The project’s years-long process has thrown into question the intent of the opposition, Branning said.
The city increased the size of the park and incorporated additional parking per community feedback, but there seems to be changing requests, Branning said.
“The goal-post keeps moving on us. And when the goal-post keeps moving, it’s hard to believe that we’re dealing with serious actors,” Branning said. “How am I to believe that the goal is not simply to kill the project, to delay it and make it cost more?”
“So just be honest with us. Just come up to us and say, ‘I do not want affordable housing.’ Say it to me – be genuine. If that’s your goal, be honest. I’ve seen no evidence otherwise,” Branning added.
During council deliberations, Barrientos expressed his preference for a park in lieu of the housing project and postponement of a vote.
“I did collect signatures for this thing,” Barrientos said of the petition. “So I do have vested interests. So I’m wondering, should I recuse myself?”
Barrientos later said he would vote against the resolution on principle.
The council ultimately passed the motion by a 4-1 tally.
“This milestone marks a significant step forward in what has been a long and needlessly challenging process — delayed by meritless lawsuits that have only made it harder to respond to the region’s urgent need for affordable housing,” Eden Housing President and CEO Linda Mandolini said in a statement following the meeting.
“We are grateful to the many supportive residents, community advocates and to the City Council for their unwavering commitment, and we look forward to advancing this much-needed project as we begin seeking financing and move closer to bringing these homes to life,” she added.
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