Livermore City Council 7/27/2020

 

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


July 13, 2020

________________________________________________________________

REGULAR MEETING

1.

CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:08 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

2.

PROCLAMATIONS AND PRESENTATIONS

2.01 Tri-Valley Air Quality Community Alliance (TVAQCA) Presentation

Oversight Committee Member, Jennifer Yeamans, provided the presentation.

2.02 Historic Preservation Commission Annual Update

Chair Barbara Savoy presented the annual update.

3.

CITIZENS FORUM

Mayor Marchand opened the public comment portion of the meeting.

Comments received via Zoom

Joseph Rubay spoke in support of local control of planning.

There were no more speakers and public comment was closed.

4.

CONSENT CALENDAR

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

4.01 Approval of draft minutes - May 4, 2020 regular meeting.

4.02 Resolution 2020-118 appropriating $162,695 and authorizing the City Manager to execute an Agreement with OpenGov, Inc., for Budget and Planning Software and Support services, in an amount not-to-exceed $462,695.

4.03 Resolution 2020-119 authorizing the execution of an agreement with Carollo Engineers to provide engineering services for the Water Reclamation Plant Primary and Secondary Treatment Improvements Project No. 2019-31, in an amount not-to-exceed $2,528,839

4.04 Resolution 2020-120 awarding bid to and authorizing the execution of an agreement with ETIC for construction of the 2020 Permanent Storm Damage Repairs, Project No. 2017-26, in an amount not-to-exceed $357,973.

4.05 Resolution 2020-121 awarding bid and authorizing the execution of an agreement with VSS International, Inc., for construction of the 2020 Slurry Seal Project, Project No. 2020-04, in an amount not-to-exceed $790,120.

4.06 Resolution 2020-122 awarding bid and authorizing the execution of an agreement with Goodfellow Bros. California, LLC, for construction of the 2018 Arterial Street Rehabilitation Project, Project No. 2018-46, in an amount not-to-exceed $1,840,227.

4.07 Resolution 2020-123 authorizing the execution of an agreement with Ruggeri-Jensen-Azar, Inc., to provide engineering services for the Downtown Sidewalk and Miscellaneous ADA Improvements 2019-21, Project No. 201959, in an amount not-to-exceed $119,392.

4.08 Resolution 2020-124 appropriating $131,311 and authorizing the City Manager to sign all documents related to the issuance of funds and agreement with Habitat for Humanity East Bay/Silicon Valley to serve as the administrator of the Housing Rehabilitation Program.

4.09 Resolution 2020-125 authorizing the City Manager to execute access and maintenance easement agreements between the City of Livermore and County of Alameda for the installation, access and maintenance of traffic signal improvements.

4.10 Resolution 2020-126 authorizing the appropriation of Funds and authorizing acceptance for permanent maintenance and release of security bonds for the Dalton Water Storage Tank Replacement Project No. 2016-19.

4.11 Resolution 2020-127 authorizing acceptance for permanent maintenance and release of security for the Airport Terminal Building Demolition, Project No. 2015-11.

4.12 Resolution 2020-128 authorizing of a supplemental appropriation of funds and acceptance for permanent maintenance and release of security for the Civic Center Meeting Hall Sidewalk Repair Project, Project No. 2017-02 including Electric Vehicle Charging Stations, Project No. 2016-16.

4.13 Resolution 2020-129 authorizing the acceptance for permanent maintenance and release of the security bonds for the 2019 Street Resurfacing, Project No. 2019-01.

4.14 Resolution 2020-130 authorizing continued participation in the Alameda County Home Consortium for Home Investment Partnership Program Funds and authorizing the City Manager to execute an agreement with Alameda County for participation in the Alameda County Home Consortium for federal fiscal years 2021-2023.

4.15 Resolution 2020-131 authorizing the submission of an application to the State of California Housing and Community Development Department's Local Housing Trust Fund (LHTF) Program for the Vineyard 2.0 Project, execution of the agreement, and certification for expenditure of funds, in the amount of $3,086,540.

4.16 Resolution 2020-132 Ratifying and Confirming Resolution for the Equity and Inclusion Subcommittee

5.

PUBLIC HEARINGS

5.01 Introduction of an Ordinance amending the Livermore Development Code Part 4 (General to Zones), Chapter 4.06 (Sign Standards), Section 4.06.060 (Signs on Public Property) and Section 4.06.140 (Temporary Signs); and Part 11 (Definitions), Chapter 11.01 (Definitions), Section 11.01.020 (Definitions of Specialized Terms and Phrases)

Recommendation: Staff recommended the City Council introduce an ordinance approving Development Code Amendment 20-003, Temporary Signs.

Special Projects Coordinator Susan Frost presented the staff report.

In response to questions from CM Carling, City Attorney Jason Alcala clarified that signs cannot be placed earlier than 90 days per the California Outdoor Advertising Act.

Mayor Marchand opened the public hearing.

Comments received via Zoom

Evan Branning spoke regarding campaign signs causing blight within the community and encouraged City Council to take steps to limit their usage.

There were no more speakers and the hearing was closed.

CM Munro and Mayor Marchand agreed with comments provided by Mr. Branning.

CM Carling expressed concern regarding the need to move signs multiple times per day and supported the denial of the ordinance.

In response to questions from Mayor Marchand, Mr. Alcala stated that signs cannot be up more than 90 days prior to the event but limiting the timeframe to 30 days may be too restrictive.

ON THE MOTION OF CM CARLING, SECONDED BY CM COOMBER AND CARRIED ON A 4-1 VOTE, WITH VM WOERNER ABSTAINING, THE CITY COUNCIL DENIED THE INTRODUCTION OF THE FOLLOWING ORDINANCE:

Ordinance amending the Livermore Development Code Part 4 (General to Zones), Chapter 4.06 (Sign Standards), Section 4.06.060 (Signs on Public Property) and Section 4.06.140 (Temporary Signs); and Part 11 (Definitions), Chapter 11.01 (Definitions), Section 11.01.020 (Definitions of Specialized Terms and Phrases)

MAYOR MARCHAND MADE A COUNTER MOTION TO APPROVE THE INTRODUCTION OF THE ORDINANCE CHANGING THE TIME FRAME FOR PLACING SIGNS TO 60 DAYS PRIOR TO THE ELECTION. NO SECOND WAS MADE AND THE MOTION DIED FOR LACK OF A SECOND.

ON THE ALTERNATIVE MOTION OF MAYOR MARCHAND, SECONDED BY CM CARLING AND CARRIED ON A 4-1 VOTE, WITH VM WOERNER ABSTAINING, MODIFYING THE CODE TO ALLOW SIGNS TO BE PLACED 60 DAYS PRIOR TO THE ELECTION, WITH NO RESTRICTIONS ON THE HOURS SIGNS CAN BE DISPLAYED, AND INSTRUCTING STAFF TO RETURN WITH AN INTRODUCTION OF THE MODIFIED ORDINANCE.

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, City Manager Marc Roberts presented the staff report and provided an update on COVID-19 case numbers, the impact of street closures for local businesses, and methods to improve face mask compliance.

In the interest of public health and safety, Mayor Marchand supported the use of infractions if greater face mask compliance could not be achieved.

In response to questions from Mayor Marchand, Mr. Roberts clarified that the City can limit price gouging during an emergency related to food delivery services.

CM Carling and VM Woerner requested the City place messaging on the Fourth Street and Livermore Avenue banners to encourage face masks and Mr. Roberts confirmed that the City could use that option if it was not already reserved.

In response to questions received from CM Munro, Mr. Roberts stated the City has requested additional information, especially related to vulnerable populations, from the County of Alameda Department of Health. He stated that the County agreed to release the base data files and the City expected to receive training and information in the following week.

Mayor Marchand invited public comment.

Comments received via Zoom

Jesus Orozco stated that without indoor dining, small businesses must use food delivery services during the pandemic.

Julie O'Brien expressed appreciation for COVID-19 information on the City's website but encouraged the City Council to increase resident's exposure to the information in high traffic areas.

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

VM Woerner, CM Munro, and CM Carling spoke in favor of limiting delivery service fees to a 15% cap.

CM Munro, Mayor Marchand, and Vice Mayor Woerner requested the City consider providing additional support to businesses as the seasons change, such as tents, heaters, and financial assistance for outdoor dining.

In response to comments from Mrs. O'Brien, CM Munro requested the City provide more detailed information regarding COVID-19 information to residents to encourage mask compliance.

CM Munro, Mayor Marchand and Vice Mayor Woerner expressed support for creating a COVID-19 challenge to encourage residents mask compliance.

CM Munro and CM Carling requested the City reach out to the school district regarding putting COVID-19 information on school digital display boards.

CITY COUNCIL RECEIVED THE REPORT.

6.02 Resolution of Continued Local Emergency.

Recommendation: Staff recommended the City Council adopt a resolution of Continued Local Emergency.

Director of Emergency Services Marc Roberts presented the staff report.

Mayor Marchand invited public comment.

There were no speakers and the public comment was closed.

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 2020-133 continuing the local emergency.

6.03 Resolution ratifying the third 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, as follows:

Third Amended Order of the Director of Emergency Services for the City of Livermore regarding temporary moratorium on residential and commercial evictions resulting from loss of income, increased medical expenses, or childcare needs related to COVID-19, which shall be known as Order No. 20-3.3.

Director of Emergency Services, Marc Roberts, presented the staff report.

Mayor Marchand invited public comment.

There were no speakers and the public comment was closed.

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 2020-134 ratifying the third 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.

6.04 Resolution authorizing the ratification of the emergency order establishing a temporary outdoor dining permit program.

Recommendation: Staff recommended the City Council adopt a resolution ratifying the Director of Emergency Services' emergency order, as follows:

Order of the Director of Emergency Services for the City of Livermore establishing a temporary outdoor dining permit program, which shall be known as Order No. 20-5.

Director of Emergency Services, Marc Roberts, presented the staff report.

Mayor Marchand invited public comment.

Comments received via Zoom

Michelle Rodriguez requested City Council allow live music at local restaurants.

Jesus Orozco supported live music at local restaurants.

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

In response to questions from VM Woerner, Mr. Roberts stated that the application for small business grant funding were available on the City website.

ON THE MOTION OF VM WOERNER, SECONDED BY CM MUNRO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL DIRECTED STAFF TO WORK WITH RESTAURANTS TO SAFELY ALLOW MUSIC AND ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2020-135 authorizing the ratification of the emergency order establishing a temporary outdoor dining permit program.

6.05 Asset Management Program's Public Outreach Campaign Update and a resolution authorizing the execution of an agreement with NEXGEN Utility Management, Inc. (NEXGEN) for an asset management and materials management system in an amount not-to-exceed $1,764,094.

Recommendation: Staff recommended the City Council:

1. Receive an update about the Asset Management Program's Public Outreach Campaign; and

2. Adopt a resolution authorizing execution of an agreement with NEXGEN Utility Management, Inc. (NEXGEN) for an Asset Management and Materials Management System including software licensing, maintenance and support, and implementation services not to exceed $1,764,094

.

Management Analyst, Debbie Bell, presented the staff report.

In response to questions from CM Munro, Mrs. Bell clarified the City program has a component that involves local schools and shared that a Spanish application was available on the City website.

Mayor Marchand invited public comment.

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

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 2020-136 authorizing execution of an agreement with NEXGEN Utility Management, Inc. (NEXGEN) for an Asset Management and Materials Management System including software licensing, maintenance and support, and implementation services not to exceed $1,764,094.

6.06 Resolution accepting the Livermore Downtown Inc. Annual Report for FY 2019/2020 and authorizing the execution of a Grant Agreement with Livermore Downtown Inc. for services provided to the City in the amount of $90,000.

Recommendation: Staff recommended the City Council adopt a resolution accepting the Livermore Downtown Inc. Annual Report for FY 2019/20, authorizing the execution of a grant agreement with Livermore Downtown Inc. in the amount of $90,000 for services to be provided to the City and for related operating expenses for FY 2020-21.

Office of Innovation and Economic Development director Adam Van de Water presented the staff report.

Mayor Marchand invited public comment.

There were no speakers and the public comment 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 RESOLUTION:

Resolution 2020-137 accepting the Livermore Downtown Inc. Annual Report for FY 2019/2020 and authorizing the execution of a Grant Agreement with Livermore Downtown Inc. for services provided to the City in the amount of $90,000.

6.07 Discussion and direction regarding policies and procedures regulating beekeeping on single family residential lots.

Recommendation: Staff recommended the City Council discuss and direct staff regarding policies and procedures regulating beekeeping on single family residential lots. If the Council provides direction to move forward with new regulations, then staff recommends considering a hybrid approach that incorporates Pleasanton's noticing requirements and performance standards and Fremont's lot size requirements into Livermore's existing regulations.

Planning Manager Steve Stewart presented the staff report.

Mayor Marchand invited public comment.

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

In response to questions from Mayor Marchand, Mr. Stewart clarified that complaints from residential beekeeping were low.

ON THE MOTION OF CM CARLING, SECONDED BY CM MUNRO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL DIRECTED STAFF TO RETURN WITH AN ORDINANCE REGARDING THE REGULATION OF BEEKEEPING ON SINGLE FAMILY RESIDENTIAL LOTS.

6.08 Designation of voting delegate and alternates for the 2020 League of California Cities Annual Business Meeting.

Recommendation: Staff recommended the City Council appoint one voting delegate and up to two alternates to represent the City of Livermore at the 2020 League of California Cities Annual Business Meeting.

ON THE MOTION OF CM CARLING, SECONDED BY CM MUNRO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL DESIGNATED CM CARLING AS THE DELEGATE AND CM MUNRO AS THE ALTERNATE FOR THE 2020 LEAGUE OF CALIFORNIA CITIES ANNUAL BUSINESS MEETING.

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

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

East Bay Community Energy Council Member Munro reported her attendance at the July 15, 2020 meeting.

Farmers Market Council Member Carling reported his, CM Munro, and Mayor Marchands involvement in initiating a new Farmers Market.

Stopwaste.org Council Member Carling reported his attendance at the July 22, 2020 meeting.

State of the City Council Member Carling and Vice Mayor Woerner reported their attendance at the event on July 23, 2020.

Altamont Open Space Committee Vice Mayor Woerner reported his attendance at the special meeting.

Sutton Girls Farmers Market Mayor Marchand reported visiting the market.

Alameda County Transportation Commission Mayor Marchand reported his attendance at the meeting on July 23, 2020.

8.

ADJOURNMENT - at 10:02 pm in memory of Barry Schroeder to a regular City Council meeting on Monday, August 10, 2020 at 7:00 pm, Council Chambers, held virtually using Zoom.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK