Livermore City Council 12/14/2020

 

CALL TO ORDER / PLEDGE OF ALLEGIANCE

PROCLAMATIONS AND PRESENTATIONS

CITIZENS FORUM

CONSENT CALENDAR

PUBLIC HEARINGS

MATTERS FOR CONSIDERATION

ADJOURNMENT SINE DIE

OATH OF OFFICE

CALL TO ORDER

CITIZENS FORUM

MATTERS FOR CONSIDERATION

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

ADJOURNMENT


CITY COUNCIL


December 14, 2020

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REGULAR MEETING

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.

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.

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

1.01 PLEDGE OF ALLEGIANCE

2.

PROCLAMATIONS AND PRESENTATIONS

2.1 Proclamation for departing City Council Members and Legislative Update from Senator Glazer.

Senator Glazer presented proclamations to Mayor Marchand and Council Member Coomber for their service on the City Council.

2.2 Proclamations for departing City Council Members from Alameda County Supervisor Scott Haggerty.

Supervisor Haggerty presented proclamations to Mayor Marchand and Council Member Coomber.

3.

CITIZENS FORUM

Emily Wilson, Tri-Valley for Black Lives, expressed support for the Equity and Inclusion working group.

Ron Blair expressed concern over the community-wide assessment of symbols done by the Equity and Inclusion working group.

Jerry Antolik requested repairs to uneven pavers downtown.

4.

CONSENT CALENDAR

Mayor Marchand invited public comment.

There were no public comments received and the public comment period was closed.

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

4.1 Adoption of Ordinance 2116 approving Zoning Map Amendment (ZMA) 20-001, establishing Planned Development Residential (PD-R) 18-003.

Recommendation: Staff recommended City Council adopt an ordinance approving Zoning Map Amendment (ZMA) 20-001, establishing Planned Development Residential (PD-R) 18-003.

4.2 Adoption of Ordinance 2117 approving Development Agreement (DA) 18-001 for the Lassen Road Townhome Project.

Recommendation: Staff recommended City Council adopt an ordinance approving Development Agreement (DA) 18-001 for the Lassen Road Townhome Project.

4.3 Adoption of Ordinance 2118 authorizing the First Amendment to the Development Agreement between the City of Livermore and Adventus Corporation for development of a Catholic High School, extending the terms of the Agreement for five years.

Recommendation: Staff recommended City Council adopt an ordinance authorizing the First Amendment to the Development Agreement between the City of Livermore and Adventus Corporation for development of a Catholic High School, extending the terms of the Agreement for five years.

4.4 Adoption of Ordinance 2119 amending Livermore Development Code section 6.03.130 regarding solid waste enclosures.

Recommendation: Staff recommended City Council adopt an ordinance amending Livermore Development Code section 6.03.130 regarding solid waste enclosures.

4.5 Adoption of Ordinance 2120 approving Municipal Code Amendment 20-001 and Development Code Amendment 20-007 establishing regulations for short term rentals.

Recommendation: Staff recommended City Council adopt an ordinance approving Municipal Code Amendment 20-001 and Development Code Amendment 20-007 establishing regulations for short term rentals.

4.6 Resolution 2020-226 approving an Amended and Restated Resale Restriction Agreements with the owners of below market rate homes located at 318 S. Livermore Avenue #112 and 318 S. Livermore Avenue #214.

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

1. City Manager to execute the Amended and Restated Resale Restriction Agreement with Nathan W. Westphal, the owner of 318 S. Livermore Avenue #112, Livermore, CA 94550 ("Exhibit A" to the Resolution)

2. City Manager to execute the Amended and Restated Resale Restriction Agreement with Aaron John Matthews, the owner of 318 S. Livermore Avenue #214, Livermore, CA 94550 ("Exhibit B" to the Resolution)

4.7 Resolution 2020-227 approving Final Tract Map 8574 - Livermore Village.

Recommendation: Staff recommends the City Council adopt a resolution:

1. Approving Tract 8574 Final Map for recording;

2. Accepting on behalf of the public all real property offered for dedication on Tract Map 8574, in conformance with the terms of the offer; and

3. Directing the City Clerk to record the Final Map with the County Recorder.

4.8 Resolution 2020-228 authorizing the acceptance for permanent maintenance and release of security and execution of a Notice of Completion for the 2020 Permanent Storm Damage Repairs, Project No. 2017-26, FEMA-4308-DR-CA.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the 2020 Permanent Storm Damage Repairs.

4.9 Resolution 2020-229 authorizing the execution of a ground lease agreement with GTE Mobilnet of California, DBA Verizon Wireless, for construction and maintenance of a 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 of Livermore and GTE Mobilnet of California, a limited partnership, dba Verizon Wireless for installation of a wireless telecommunications system at the Livermore Airport.

4.10 Resolution 2020-230 increasing the Change Order allowance to $61,605, and authorizing Acceptance for Permanent Maintenance, Release of Securities, and execution of a Notice of Completion for the Stockmen's Park, Project No. 2018-57.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Authorizing an increase in change order allowance by $61,605, to a cumulative amount not to exceed $332,105, for the Stockmen's Park, Project No. 2018-57; and

2. Authorizing the acceptance for permanent maintenance and release of the security bonds for the Stockmen's Park, Project No. 2018-57

4.11 Resolution 2020-231 authorizing the execution of an agreement with Triangle Properties, Inc., for maintenance of multiple landscape mitigation areas in Livermore in an amount not-to-exceed $450,000.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the execution of an Agreement for Services with Triangle Properties, Inc., in the amount of $450,000, for maintenance of multiple landscape mitigation areas in the City of Livermore for a term of 2.5 years.

4.12 Resolution 2020-232 appropriating $385,000 of Facilities Rehabilitation Program Fees (Fund 740) and adding COVID-19 Hardening for City Buildings, Project 2020-36, to the 2019-2021 Capital Improvement Plan.

Recommendation: Staff recommended the City Council adopt a resolution that adds COVID-19 Hardening for City Buildings, Project 2020-36, to the 2019-2021 Capital Improvement Plan and appropriate $385,000 of Facilities Rehabilitation Program Fees (Fund 740) in Fiscal Year 2020-21 to Project 2020-36.

4.13 Resolution 2020-233 accepting Annual Special Tax and Bond Accountability Reports for City of Livermore Community Facilities Districts for FY 2019-20.

Recommendation: Pursuant to California Government Code Section 50075 through 50077 and 53410 through 53412, staff recommends the City Council receive and file the annual special tax and bond accountability reports on Community Facilities District No. 99-1 (Tri-Valley Technology Park), Community Facilities District No. 2009-1 (El Charro), Community Facilities District No. 2012-1 (El Charro Maintenance), Community Facilities District No. 2015-1 (Brisa Maintenance), Community Facilities District No. 2016-1 (Sage Maintenance), Community Facilities District No. 2016-2 (Shea Properties), and Community Facilities District No. 2018-1 (Auburn Grove) for the fiscal year ended June 30, 2020.

4.14 Resolution 2020-234 authorizing execution of the third amendment agreement with Siemens Corporation for monitoring, testing, inspection and repair of fire sprinklers, fire alarm, and burglar alarm systems and increasing the total compensation by $250,000 for a total not-to- exceed amount of $755,000.

Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of the third amendment agreement with Siemens Corporation to extend the term of the agreement by two years and increase the total amount of compensation by $250,000 for a total not-to-exceed amount of $755,000.

4.15 Resolution 2020-235 of Continued Local Emergency

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

4.16 Resolution 2020-236 ratifying City Manager Commitment of Citywide Small Business Assistance Grant Program Funds for the Alameda County CARES Act Grant Program and authorizing the expenditure of $762,500 from the Small Business Assistance Grant Program.

Recommendation: Staff recommended City Council adopt a resolution:

1. Ratifying the City Manager's commitment of citywide small business assistance grant program funds as a financial match for the Alameda County CARES Act grant program;

2. Authorizing the expenditure of $762,500 from the Small Business Assistance Grant Program; and

3. Authorizing the execution of all necessary documents.

5.

PUBLIC HEARINGS - NONE.

6.

MATTERS FOR CONSIDERATION

6.1 Resolution accepting the Canvass of Votes for the November 3, 2020 General Municipal Election and recognition of outgoing Council Members.

Recommendation: Staff recommended the City Council adopt a resolution accepting the canvass of votes as certified by the Alameda County Registrar of Voters for the November 3, 2020 General Municipal Election.

City Clerk Marie Weber presented the staff report.

Mayor Marchand invited public comment.

Laura Frerking asked how to sign up and be a part of the Equity and Inclusion committee meeting.

Supervisor David Haubert congratulated Council Member Coomber and Mayor Marchand on their retirement from City Council and congratulated Mayor Woerner and Council Member Kiick on their new positions.

Steve Lanza, Innovation Tri-Valley President, expressed appreciation to Mayor Marchand for his work and dedication making Livermore a desirable place to live and work, wished Council Member Coomber the best, and welcomed Mayor Woerner and Council Member Kiick.

Razi Hasni, Joya Yoga, thanked Mayor Marchand for welcoming the studio to Livermore and for his service to the City.

Kristie Wang thanked Council Member Coomber and Mayor Marchand for their service to the City of Livermore.

Andy Mcllroy, Sandia National Laboratory, thanked Mayor Marchand for his service to the City and his support to the laboratories in Livermore.

Nadine Horner, Lawrence Livermore National Laboratory, thanked and congratulated Mayor Marchand for his vision and commitment to Livermorium Plaza, the laboratory, and the City.

Kelly Bowers, Livermore Valley Joint Unified School District, congratulated Council Member Kiick, thanked Council Member Coomber for his service, and acknowledged and thanked Mayor Marchand for his service and support of the school district.

Chris Chandler, Livermore Valley Wine Growers Association, thanked the entire City Council and expressed appreciation for the service of Mayor Marchand and Council Member Coomber.

Laura Matteucci wished Council Members happy holildays and good luck.

Lisa Tromovich, Shakespeare Associates, welcomed Council Member Kiick and Council Member Carling, and thanked Council Member Coomber and Mayor Marchand for their years of service.

There were no more public comments received and the public comment period was closed.

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

Resolution 2020-237 accepting the Canvass of Votes for the November 3, 2020 General Municipal Election and recognition of outgoing Council Members.

Mayor Marchand presented Council Member Coomber with a proclamation for his service and congratulated Mayor-elect Woerner.

CM Munro and CM Carling provided farewell comments to CM Coomber and Mayor Marchand.

Congressman Swalwell provided a presentation thanking Mayor Marchand for his service on Council.

Vice Mayor Woerner presented Mayor Marchand with a proclamation and scroll for his service.

7.

ADJOURNMENT SINE DIE - Adjournment sine die.

8.

OATH OF OFFICE

City Clerk Marie Weber gave the oath of office to Mayor Woerner and CM Carling.

Deputy City Clerk Debbie Elam gave the oath of office to CM Kiick.

9.

CALL TO ORDER

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

10.

CITIZENS FORUM

Mayor Woerner invited public comment.

Emily Wilson, Tri-Valley for Black Lives, expressed support for the Equity and Inclusion working group and stated a need for better communication between the City Council and Constituents.

J. Faith spoke regarding the Equity and Inclusion working group and demanded that it be disbanded immediately.

Hayden Sidun congratulated Mayor Woerner and Council Member Kiick on their new positions and expressed excitement to work with them on the Equity and Inclusion working group.

Nichole Thomas expressed support for the comments received from J. Faith.

There were no more public comments received and the public comment period was closed.

11.

MATTERS FOR CONSIDERATION

11.1 Appointment of Vice Mayor

Recommendation: Staff recommended the Mayor appoint a Vice Mayor for the period of 2020-2021.

Mayor Woerner appointed Council Member Trish Munro to Vice Mayor for the period of 2020-2021.

11.2 Discussion and direction regarding filling the City Council vacancy

Recommendation: Staff recommended the City Council provide direction on the process to fill the vacancy on the City Council with a term expiration of November 2022.

ON THE MOTION OF CM CARLING, SECONDED BY VM MUNRO AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED FILLING THE CITY COUNCIL VACANCY BY APPOINTMENT.

ON THE MOTION OF CM CARLING, SECONDED BY CM KIICK AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE PROPOSED RECRUITMENT TIMELINE IN ATTACHMENT 2.

CITY COUNCIL DIRECTED STAFF TO REMOVE FROM ATTACHMENT 1 QUESTIONS RELATED TO DISTRICT, LENGTH OF TIME IN THE CITY, EDUCATION AND EMPLOYMENT FROM THE COUNCIL MEMBER APPLICATION. THEY ALSO ASKED THAT PRONOUNS BE ADDED AS A QUESTION ON THE APPLICATION AND A QUESTION REGARDING WHAT EXPERIENCE APPLICANTS HAVE THAT THEY WANT TO SHARE.

CITY COUNCIL REQUESTED THREE APPLICATION QUESTIONS BE CREATED BASED ON ATTACHMENT 3. THE FIRST QUESTION COMBINED QUESTIONS 1 AND 5, THE SECOND QUESTION WAS QUESTION 2, AND THE THIRD QUESTION COMBINED QUESTIONS 3,4,5, AND 6.

THE MAYOR APPOINTED CM CARLING AND CM KIICK TO A SHORT-TERM SUBCOMMITTEE TO CRAFT COUNCIL MEMBER APPLICATION AND INTERVIEW QUESTIONS.

Mayor Woerner invited public comment.

Hayden Sidun commended CM Kiick on adding pronouns to the City application. He also stated that social change is needed in our community and spoke in favor of the Equity and Inclusion subcommittee.

Concerned Citizen supported the comment submitted by Hayden Sidun.

There were no more public comments received and the public comment period was closed.

11.3 Council Members Appointments to Intergovernmental Agencies

Recommendation: Staff recommended the Mayor make City Council appointments to Intergovernmental Agencies.

THE MAYOR APPOINTED COUNCIL MEMBERS TO INTERGOVERNMENTAL AGENCIES AND WILL COMPLETE ADDITIONAL APPOINTMENTS UPON APPOINTMENT OF A NEW COUNCIL MEMBER.

11.4 Appointment of Council Members to the City Council Subcommittee on Advisory Bodies for the period of January 1 - June 30, 2021

Recommendation: Staff recommended the Mayor appoint two Council Members to serve on the City Council Subcommittee on Advisory Bodies for the period of January 1 - June 30, 2021.

Mayor Woerner appointed VM Munro and CM Carling to the subcommittee on advisory bodies for the period of January 1 - June 30, 2021.

12.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

Communications Mayor Woerner appointed VM Munro and CM Kiick to return to Council with information related to how to improve Communications and to return with Council expectations regarding how staff can advance the City's communications strategy.

Rental Assistance Program Mayor Woerner requested staff return with information on a commercial and residential rental assistance program the City could provide to local businesses.

Outdoor Dining Mayor Woerner requested the City Attorney coordinate with neighboring Cities and return with a memo regarding what legal action restaurants are engaging in related to outdoor dining and when can outcomes be anticipated.

Carnegie Park Mayor Woerner requested staff send another letter to state officials restating the City's position based on previous letters in support of Carnegie Park.

Communications Policy CM Kiick requested staff develop a citywide external communications policy that would cover all facets of how the City will engage with residents using the new website.

East Bay League of California Cities CM Carling, Mayor Woerner and VM Munro reported their attendance on December 10th meeting.

Stopwaste.org CM Carling reported his attendance at the December 10, 2020 meeting.

Homeless Outreach CM Carling reported his participation in handing out meals with Open Heart Kitchen and Rebel on Thanksgiving to residents needing a warm meal.

Innovation Tri-Valley VM Munro reported her attendance at the meeting on December 11, 2020.

Equity and Inclusion VM Munro and Mayor Woerner noted their attendance at several meetings of the subcommittee.

13.

ADJOURNMENT - at 11:01pm in honor of former Mayor Marchand to a regular City Council meeting on January 11, 2021 at 7:00 pm, held virtually via Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK