Livermore City Council 4/26/2021

 

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


April 26, 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 6:31 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 - Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated. (One case)

D.L. Falk Construction Inc. v. City of Livermore, Alameda County Superior Court Case No. RG20079788

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.)

Facts and circumstances related to an accident, disaster, incident, or transactional occurrence that might result in litigation against the City and that are known to a potential plaintiff or plaintiffs - Livermorium Plaza at Mills Square Park Project 2014-36, Letter to Lanak & Hanna dated March 1, 2021 - Government Code section § 54956.9(e)(2).

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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 May as Drinking Water Awareness Month.

Recommendation: Staff recommended City Council proclaim May as Drinking Water Awareness Month.

Mayor Woerner presented the proclamation to John Freeman of Cal Water proclaiming May as Drinking Water Awareness Month.

2.2 Proclamation Declaring April as Fair Housing Month in Livermore

Recommendation: Staff recommended City Council proclaim April as Fair Housing Month.

Mayor Woerner presented the proclamation to Barbara Freeman proclaiming April as Fair Housing Month in Livermore.

2.3 Mayor's Commendation presented to Regina Irene Molitoris for winning the California State Competition for the American Legion National Oratorical Contest.

Recommendation: Staff recommended the Mayor present the Commendation to Regina Irene Molitoris.

Mayor Woerner presented a commendation to Regina Irene Molitoris for winning the California State Competition for the American Legion National Oratorical Contest.

2.4 Commission for the Arts annual update.

Recommendation: Staff recommended City Council accept the update.

Commission for the Arts Chair Bob Gausman presented the annual update.

3.

3. CITIZENS FORUM

Roger Logan stated the draft Climate Action Plan had many good ideas but fiscal concerns. He also stated that mandates for existing homes should come out prior to the next draft.

Karl Wente spoke regarding good government.

Ann Brown stated that she shared the Earth Week Proclamation to the Farmer's Market and thanked City Council for their support.

Scott Lo expressed strong support for the Kaiser Air expansion stating that the City needed to grow.

4.

4. CONSENT CALENDAR

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, WITH CM BONANNO AND CM KIICK ABSTAINING AND CARRIED ON A 3-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR ITEM 4.1.

ON THE MOTION OF CM CARLING, SECONDED BY VM MUNRO, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEMS 4.2 THROUGH 4.13.

4.1 Approval of draft minutes - November 23, 2020 City Council Regular Meeting.

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

4.2 Approval of draft minutes - March 22, 2021 City Council Regular Meeting, April 12, 2021 City Council Regular Meeting, and April 19, 2021 Joint City Council and Planning Commission Special Meeting Workshop.

Recommendation: Staff recommended City Council approve the draft minutes.

4.3 Adoption of Ordinance 2122 amending the Development Code (DCA 20-005) and Zoning Map (ZMA 20-003) for the Historic Resources Update project.

Recommendation: Staff recommended the City Council adopt an ordinance amending the Zoning District Map to remove the Historic Heritage and Landmark Zoning Overlay districts and amending Development Code sections 4.07, Historic Preservation Overlays, and 9.02, Certificates of Appropriateness, for the historic resources update project.

4.4 Introduction of an Ordinance adding chapter 2.64 to the Livermore Municipal Code approving the use of electronic signatures for City business and authorizing the City Manager or his designee to determine the appropriate documents and technologies for which the City may use electronic signatures.

Recommendation: Staff recommended the City Council waive the first reading and introduce an ordinance approving the use of electronic signatures for City business and authorizing the City Manager or his designee to determine the documents that may use electronic signatures and the acceptable technologies.

4.5 Resolution 2021-050 rescinding the previously awarded construction contract, finding apparent lowest bidder unresponsive, and awarding a contract to Robert A. Bothman Construction in an amount not-to-exceed $3,507,000 for construction of Livermorium Plaza at Mills Square Park.

Recommendation: Staff recommended the City Council adopt a resolution to:

1. Rescind the previously awarded construction contract to Integra Construction Services,

Inc.;
2. Find the apparent lowest bidder, Integra Construction Services, Inc., is unresponsive; and

3. Award a construction contract to Robert A. Bothman Construction, Inc. in an amount not to exceed $3,507,000 for construction of Livermorium Plaza at Mills Square Park, Project 2014-36, which includes add alternates #1 and #4.

4.6 Resolution 2021-051 authorizing a $245,000 supplemental appropriation and awarding and authorizing execution of an agreement with Alex Kushner General, Inc. for construction of the Multi Service Center Improvements, Project No. 2020-32, in an amount not-to-exceed $510,000.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Authorizing a supplemental appropriation of $245,000 from the HHS-Human Services Facilities Fee (Fund 333) in Fiscal Year 2020-21;

2. Awarding and authorizing execution of an agreement with Alex Kushner General, Inc.; and

3. Authorizing the City Manager to sign on behalf of the City of Livermore, for construction of the Multi Service Center Improvements, Project No. 2020-32, in an amount not-to-exceed $510,000.

4.7 Resolution 2021-052 authorizing the City Manager to execute an agreement with Stommel Inc., DBA Lehr for on-call services to outfit and repair City emergency service vehicles and equipment in an amount not-to-exceed $600,000.

Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of a three-year agreement with Stommel Inc. DBA Lehr, to perform on-call services to outfit and repair of City emergency vehicles and equipment in an amount not-to-exceed $600,000.

4.8 Resolution 2021-053 authorizing the City Manager to execute an agreement with Golden State Emergency Vehicle Services Inc. for repairs to Pierce Fire Apparatus in an amount not- to-exceed $280,000.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to execute a general services agreement with Golden State Emergency Vehicle Services Inc. for repairs to Pierce Fire Apparatus in an amount not-to-exceed $280,000.

4.9 Resolution 2021-054 authorizing the City Manager to execute a third amendment to the agreement with LEE & RO, Inc. extending the term and increasing the contract not-to-exceed amount from $591,488 to $641,488 to provide engineering services for the Water Reclamation Plant (WRP) Emergency Generator, Project No. 2015-22.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to execute Amendment 3 to the Engineering Services Agreement with LEE & RO, Inc. for the WRP Emergency Generator, Project No. 2015-22 The amendment extends the term of the agreement until December 31, 2021 and increases the not-to-exceed contract maximum from $591,488 to a total of $641,488.

4.10 Resolution 2021-055 authorizing the City Manager to execute the First Amendment to the Negotiating Rights Agreement with Michael Messinger to extend the term of negotiations to develop a purchase and sale agreement through June 30, 2021, for the property located a 2324 Second Street.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the First Amendment to the Negotiating Rights Agreement with Michael Messinger to extend the term of negotiations to develop a purchase and sale agreement through June 30, 2021.

4.11 Resolution 2021-056 approving and appropriating the allocation of Community Development Block Grant, Home Investment Partnership Program, Social Opportunity Endowment, In-Lieu Housing, Human Services Facility Fee and General Funds in the total amount of

$1,287,241 for FY 2021-22.

Recommendation: Staff recommended the City Council adopt a resolution appropriating $1,287,241 as listed below and authorizing the City Manager to negotiate and execute all related documents, grant agreements, and modifications.

1. Community Development Block Grant Funds (Fund 613) in the amount of $425,813

2. HOME Investment Partnership Program Funds (Fund 671) in the amount of $139,428

3. Social Opportunity Endowment Funds (Fund 620) in the amount of $80,000

4. In-Lieu Housing Funds (Fund 611) in the amount of $224,889

5. General Funds (Fund 001) in the amount of $417,111

4.12 Approval of the Memorandum of Understanding between the City of Livermore and the Livermore Police Officers' Association for the term of May 1, 2021 through April 30, 2025.

Recommendation: Staff recommended that the City Council adopt a resolution Resolution 2021-057 authorizing the execution of the Memorandum of Understanding (MOU) between the City of Livermore and the Livermore Police Officers' Association for the period May 1, 2021 through April 30, 2025.

4.13 Amendment to the City of Livermore Salary Plan

Recommendation: Staff recommended the City Council adopt a resolution Resolution 2021-058 approving the City of Livermore Salary Plan as of May 10, 2021 in accordance with California Code of Regulations, Title 2, Section 570.5.

5.

5. PUBLIC HEARINGS

5.1 Resolution approving the Community Development Block Grant (CDBG) and HOME

Investment Partnership Program's Annual Action Plan for FY 2021-2022 and authorizing the City Manager to execute all documents for the submittal to the U.S. Department of Housing and Urban Development

Recommendation: The Human Services Commission and staff recommended the City Council adopt a resolution:

1. Approving the FY 2021-2022 Annual Action Plan for the HOME Investment Partnership and Community Development Block Grant Programs and authorizing its submittal to Alameda County for inclusion with the Alameda County HOME Consortium report and submission to the U.S. Department of Housing and Urban Development (HUD); and

2. Authorizing the City Manager, or his designee, to sign all related documents, and to make adjustments to the Action Plan as needed based on the HUD allocation.

Human Services Program Manager Claudia Young presented the staff report.

Mayor Woerner opened the public hearing.

There were no speakers and the hearing was closed.

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

Resolution 2021-059 approving the FY 2021-22 Annual Action Plan and authorizing submittal to the U.S. Department of Housing and Urban Development

5.2 Hearing to receive protests and direct staff to proceed with field abatement work under the 2021 Fire Hazard Abatement Program.

Recommendation: Staff recommended City Council consider all protests, and if Council finds appropriate, adopt a resolution overruling protests, and direct staff to proceed with necessary weed abatement on all parcels requiring abatement.

Fire Marshal Ryan Rucker presented the staff report

Mayor Woerner opened the public hearing.

There were no speakers and the hearing was closed.

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

Resolution 2021-060 overruling protests and ordering the abatement of public nuisances.

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.

City Manager Marc Roberts presented the staff report.

Mayor Woerner invited public comment.

Scott Lo reminded residents that young children still cannot be vaccinated and encouraged everyone to continue wearing masks.

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

In response to questions from CM Carling, Mr. Roberts stated that the City is aggressively reaching out to large groups in hard-to-reach communities to encourage vaccination. He also stated that the City may be behind other Cities in terms of percentages vaccinated due to communities like Oakland having state and federal intervention.

In response to questions from CM Carling, Office of Innovation and Economic Development Director Adam Van de Water stated that approximately ½ of all applications for rent abatement have been or are being processed.

In response to questions from CM Bonanno, Mr. Roberts stated that he believed one more POD would be done but the best method for getting vaccinated currently might be locations like CVS.

In response to questions from CM Bonanno, Mr. Van de Water stated that the survey was distributed through Livermore Downtown Inc and included 1st street, to as far as Herb Street, Railroad Avenue, L Street, and Maple Street.

In response to questions from CM Bonanno, Mr. Van de Water stated that the City would be working on additional flex zone use to provide additional parking to Downtown businesses.

In response to questions from CM Bonanno, Mr. Roberts clarified that regarding restrictions on June 15th the Governor had stated that common sense practices, including masking, should still be done.

In response to questions from VM Munro, Mr. Roberts stated that City staff was focused on members of the community that do want to be vaccinated but that County workers were prioritizing connecting with people who did not want to be vaccinated.

CM Kiick asked that staff be clear in messaging on the website that 16- and 17-year-olds need a parent when getting vaccinated.

In response to questions from Mayor Woerner, Mr. Roberts stated that the City doesn't expect to have a permanent County POD and that the Community is probably weeks away from traditional providers providing vaccinations.

CM Bonanno requested that as soon as survey data was compiled it be sent out to local businesses and inform them as to the future planning process.

CM Bonanno requested staff bring back information related to a vaccination incentive program.

6.2 Update on the Equity and Inclusion Subcommittee.

Recommendation: Staff recommended the City Council accept an update on the work of the Equity and Inclusion Subcommittee.

Deputy City Manager Christine Martin presented the staff report.

The Equity and Inclusion subcommittee provided a report.

Mayor Woerner invited public comment.

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

In response to questions from Mayor Woerner, Deputy City Manager Christine Martin stated that when the item returns to City Council it will include a plan to leverage working groups input, participation, and lessons learned as an organization with action items needing City Council approval.

CITY COUNCIL RECEIVED THE UPDATE.

6.3 Discussion and Direction regarding the City Council's commitment to a culture of welcome, inclusion and respect and the comments made by Planning Commissioner Stein at the Planning Commission Meeting on April 20, 2021, as well as the complaints received from the community.

Mayor Woerner invited public comment.

Commissioner Stein provided an apology for the language he used at the April 20, 2021 Planning Commission Meeting.

John Minot, East Bay for Everyone, urged the City Council to take the situation seriously and consider the Implication of Speech Act.

Allie Felker stated that she found Mr. Stein's comments offensive and expressed concerns about the stigmatism of affordable housing and the attitude towards homelessness.

Ian Karlin stated that he did not believe Mr. Stein fully understood what he said despite his apology and that he personally found the comments very offensive.

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

CM Kiick stated that Mr. Stein should have known better and his apology should be for impact and not blame the listener for their understanding. She stated that the Council should consider what accountability means to the Council.

VM Munro stated that Mr. Stein's comments were counter to the City's stated values and spoke regarding the importance of caring for the City's unsheltered.

CM Bonanno stated that the comments made by Mr. Stein were extremely offensive and expressed concern with some of the project comparisons he made. She stated that she would like the action taken to have a positive impact moving forward.

CM Carling spoke in support of the removal of Commissioner Stein from the Planning Commission.

In response to questions from Mayor Woerner, City Attorney Jason Alcala confirmed that this agenda item would need to be placed on a future agenda for the City Council to act.

CM Kiick spoke regarding the importance of progressive discipline and accountability. She stated his language was very inappropriate and won't be tolerated.

Due to technical difficulties, the Mayor reopened the public comment.

Veronica Stewart Long stated that she attended the Planning Commission meeting on April 20, 2021 and outlined the comments in the meeting. She stated she felt he upheld is duties and did his due diligence.

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

Mayor Woerner spoke in support of agendizing the item to address the full spectrum of issues including if the City has the proper procedures, if offenders get a second chance, and the possibility of removal.

ON THE MOTION OF VM MUNRO, SECONDED BY CM KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL DIRECTED THE ITEM BE AGENDIZED TO A MEETING TO CONSIDER THE FULL RANGE OF OPTIONS UP TO AND INCLUDING REMOVAL OF PLANNING COMMISSIONER STEIN.

CM Kiick expressed a desire to have the meeting after the May 24, 2021 meeting so they can have the full discussion after discussing the project.

In response to questions from CM Kiick, Mr. Alcala confirmed that the City Council could discuss the full range of options at a future meeting prior to or after the May 24th City Council meeting.

ON THE MOTION OF CM CARLING, SECONDED BY CM BONANNO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL DIRECTED THE ITEM BE AGENDIZED FOR THE MAY 3, 2021 SPECIAL CITY COUNCIL MEETING.

ON THE MOTION OF VM MUNRO, SECONDED BY CM KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL VOTED TO MOVE THE MEETING FORWARD PAST 11PM.

7.

7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

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

Monarch Tractors CM Kiick noted her attendance at an event for electric tractors and encouraged residents to look them up.

Gun Safety CM Carling requested staff learn more about the firearm safety, specifically trigger locks, ordinance in Dublin to discuss at a future meeting.

Livermore Area Recreation Park District (LARPD) CM Bonanno stated that LARPD notified her that between 3/20 and 3/21, 187,000 people visited Sycamore Park.

Livermore Amador Valley Transit Authority (LAVTA) CM Bonanno noted her attendance at the April 26, 2021 meeting and expressed excitement that they would be voting on Valley Link EIR soon.

Homelessness Subcommittee CM Munro and CM Carling noted their attendance at the public meeting to discuss affordable housing.

8.

8. ADJOURNMENT - at 11:10 pm to a special City Council meeting on May 3, 2021 at 5:00 pm, held virtually using Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK