Livermore City Council 3/8/2021

 

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


March 8, 2021
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CLOSED SESSION

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.

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.

Mayor Woerner opened the public hearing.

There were no speakers and the hearing was closed.

ADJOURN TO CLOSED SESSION

1. Conference with Legal Counsel - Anticipated Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(4) to decide whether to initiate litigation based on existing facts and circumstances. (One case.)

2. Conference with Legal Counsel - Anticipated Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(2) because there is significant exposure to litigation against the City based on existing facts and circumstances. (One Case.)

Government Code § 54956.9(e)(1) - Facts and circumstances that might result in litigation against the City which the City believes are not yet known to a potential plaintiff or plaintiffs.

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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 Livermore Area Youth Advisory Commission (LAYAC) Annual Update.

Recommendation: Staff recommended City Council accept the report.

Chair Alicia Zhang and Vice Chair Miraya Choudhury presented the annual update.

3.

3. CITIZENS FORUM

Mayor Woerner opened the public hearing.

Alicia Ziomek, Livermore Airport Citizen's Group, spoke in opposition of Kaiser Air expansion and requested that resident be able to submit public comment verbally during Planning Commission Meetings.

Olivia K spoke in opposition of a Kaiser Air expansion due to safety and noise.

Jackie Cota expressed concerns that adults are allowed to work with students on Black Lives Matter topics.

Jim McSherry spoke in opposition of a Kaiser Air expansion and requested that the City Council consider the public interest related to noise created by the airport.

Kamal Aguiral spoke in opposition of a Kaiser Air expansion and stated that the number of signatures on a petition has tripled since the last meeting. He requested the City Council be empathetic to the community's needs.

Kathy Pedrini requested that the City Council take a closer look at the possible airport expansion and the impact it could have on residents due to noise, pollution and traffic issues. She stated that 2700 people had signed a petition opposing an expansion.

Andrew Barker requested that the City Council have Police Chief Young release more details regarding why the driver involved in the killing of Christine Boyle at Stanley and Isabel was not prosecuted. He stated that Livermore Police Department did not prosecute because Mrs. Boyle violated California Vehicle Code and requested more information related to what vehicle code was violated.

Vishal spoke in opposition of a Kaiser Air expansion and requested the City Council find a good solution due to the potential impact to residents quality of life. He also stated information was not available on the City website regarding this topic.

Fannie K spoke in opposition of a Kaiser Air expansion and requested the City Council consider the individuals who signed the petition opposing it. He also requested a noise study be completed, a time restriction for flying be put in place, and a limit on the number of planes flying per day be established.

There were no more speakers and the hearing was closed.

4.

4. CONSENT CALENDAR

Item 4.01 was removed from the Consent Calendar for separate discussion and action.

Mayor Woerner opened the public hearing.

There were no speakers and the hearing was closed.

ON THE MOTION OF VM MUNRO, SECONDED BY CM CARLING, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 4.01.

Item 4.01 City Attorney Jason Alcala clarified that Council Members who were not on the Council at the time of the meeting should not vote to approve the meeting minutes.

ON THE MOTION OF VM MUNRO, SECONDED BY MAYOR WOERNER, AND CARRIED ON A 3-0 VOTE WITH CM BONANNO AND CM KIICK ABSTAINING, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 4.01.

4.1 Approval of draft minutes - September 28, 2020 City Council Regular Meeting, October 12, 2020 City Council Regular Meeting, and October 19, 2020 City Council Special Meeting.

Recommendation: Staff recommended City Council approve the draft minutes.

4.2 Resolution 20221-025 authorizing the execution of an agreement with Roofing Constructors, dba Western Roofing Service to provide roof inspection, maintenance and repair services for City owned buildings in an amount not-to-exceed $650,000.

Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of a three-year agreement with Roofing Constructors, Inc. dba Western Roofing Service to provide annual and semi-annual roof inspections, preventative maintenance, gutter cleaning, and roof repair services for City owned buildings, for a total amount not-to-exceed $650,000.

4.3 Resolution 2021-026 ratifying the Director of Emergency Services order authorizing payment to renew the annual VEOCI Subscription agreement for emergency management software in the amount of $38,250.

Recommendation: Staff recommended City Council adopt a resolution ratifying the order of the Director of Emergency Services for the City of Livermore authorizing payment to VEOCI for renewal of emergency management software contract.

5.

5. PUBLIC HEARINGS

5.1 Hearing to adopt 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 adopt 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.

Building Official Brent Smith presented the staff report.

In response to questions from CM Kiick, Mr. Smith confirmed that the City has a declaration stating a local shelter crisis exists which allows the use of the appendix. He also stated that the timeframe for use of units built using the appendix is approximately 10 years.

In response to questions from CM Bonanno, Mr. Spence stated that when the housing crisis ends, the City would work with the owners of the units to transition them to a permanent use. He stated that the City doesn't anticipate an end to the crisis in the next several years.

Mayor Woerner opened the public hearing.

There were no speakers and the hearing was closed.

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

Ordinance 2121 amending Livermore Municipal Code Section 15.02.020, in Chapter 15.02 Building Code, to adopt by reference Appendix O, Emergency Housing, to the 2019 California Building Code.

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.

Mayor Woerner invited public comment.

There were no speakers and the hearing was closed.

In response to questions from CM Kiick, Mr. Roberts that the status of City employees who wanted and received vaccines included public safety staff and that public works staff had appointments set up to receive vacinations.

In response to questions from CM Carling, Mr. Roberts stated that the City's COVID relief assistance programs still had money but that staff would return with an item providing the City Manager the authority to move the money between the grant opportunities to ensure money did not go unspent.

In response to questions from VM Munro, Mr. Roberts stated that staff could quantify outputs of the COVID relief funds and provide that information to the City Council.

In response to questions from Mayor Woerner, Mr. Roberts stated that staff could normalize the vaccine data per 100,000/population and provide that information.

In response to questions from Mayor Woerner, Mr. Roberts provided a Vaccine POD facility update. He stated that three projects exist: 1. A partnership between the City, school district, Recreation and Parks District, and Walgreens to provide a one day center for people in the eligible criteria at the Robert Livermore Community Center; 2. City and County partnership including a mobile vaccination site for one week with the location to be determined in April; and 3. A permanent location at Robert Livermore Community Center hopefully opening in April depending on the availability of vaccines.

THE CITY COUNCIL RECEIVED THE UPDATE AND REQUESTED THAT POD UPDATES AND VACCINE DISTRIBUTION COUNTS BE INCLUDED IN FUTURE UPDATES.

7.

7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

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

Intergovernmental Agency Reports were provided by Council Members and can be found as part of the supplemental materials in the agenda packet.

In response to questions from CM Kiick, Mr. Roberts stated that staff would provide a memo to the City Council regarding the process for conducting advisory body meetings and the timeline for upcoming software implementations.

Equity and Inclusion Subcommittee CM Carling noted his attendance at meetings on February 23, 2021; March 2, 2021, and March 4, 2021.

Stopwaste.org CM Carling noted his attendance at the Waste Management Authority Board & Energy Council meeting on February 24, 2021.

Homeless Subcommittee CM Carling noted his attendance at the meeting on March 2, 2021.

In response to questions from CM Carling, Mr. Roberts clarified that information related to an airport expansion was not available because the City had not received an applicant for another Fixed Based Operator yet. He stated FAQ's were availble on the website to provide residents with some information.

8.

8. ADJOURNMENT - at 8:55 pm to a special City Council meeting on March 15, 2021 at 5:00 pm, held virtually using Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK