Livermore City Council 6/14/2021

 

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


June 14, 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 6:30 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 comment period.

There were no speakers and the comment period was closed.

ADJOURN TO CLOSED SESSION

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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 June 2021, as Elder Abuse Awareness Month presented to Alameda County Deputy District Attorney, Cheryl Poncini.

Mayor Woerner presented a proclamation to Cheryl Poncini and Charmaine Brent declaring June as Elder Abuse Awareness Month.

2.2 Proclamation declaring June 2021, as Pride Month presented to Executive Director of Livermore Pride, Amy Rose.

Mayor Woerner presented a proclamation to Amy Rose declaring June as Pride Month.

Mayor Woerner presented a proclamation celebrating Juneteenth in the City of Livermore.

2.3 Presentation of the 2021 High School Senior Arts Awards.

Mayor Woerner recognized the 2021 High School Senior Art Award Winners.

2.4 Community Asset Management Program (CAMP) Outreach Committee Annual Update.

Chairperson Donna Allen presented the annual update.

3.

3. CITIZENS FORUM

Jackie Cota expressed frustration regarding how consent calendar item 4.8 on the May 24th City Council Meeting agenda was passed without public testimony.

John Marchand congratulated the City Council on becoming an All-American City. He also commented that the article in the paper stating that the City is ignoring toxic waste at the Eden Housing site is false.

Laurie Souza congratulated the City Council on becoming an All-American City and approving the Eden Housing project. She expressed frustration regarding expensive ads being published in the newspaper regarding Eden Housing that are untrue.

Alan Burnham stated that the radioactive waste ad in The Independent newspaper was propaganda. He clarified that radioactive and toxic are not the same.

Donna Cabanne stated that there was considerable contamination at the Eden Housing site and that the San Francisco Water Management Agency issued a proclamation related to delaying development until the water board can conclude their investigation. She requested the City release all cleanup plans to the public and hold a hearing after a 30 day review period so the public could comment.

Dawn Argula, Chief Executive Officer of Livermore Chamber of Commerce, congratulated the City on being an All-American City. She also thanked Mrs. Allen and CAMP Liaison Debbie Bell for such an impressive program.

4.

4. CONSENT CALENDAR

Mayor Woerner opened the public comment.

Item 4.13 Donna Cabanne spoke regarding the Capital Improvement Plan and asked questions related to Kaiser Air allocations and asked why a traffic light was being put in and what development the City expected to take place near the Greenville and Patterson Pass intersection.

Item 4.6 Jackie Cota requested that the City fly the thin blue line flag for the month of October in honor of the Police Department.

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

In response to comments made by Mrs. Cabanne, City Manager Marc Roberts responded that the City can budget for projects that have not yet been approved so the money is available in the event that the project is approved during the fiscal year.

In response to comments made by Mrs. Cabanne, City Engineer Bob Vinn also responded that the money budgeted for the traffic signal was for closeout activity because the signal was almost complete. He also stated that the development referred to at the location was overall development of the general plan

.

Item 4.13 CM Kiick clarified that the budget was on the consent calendar because the City Council had already been given an opportunity to provide input at a workshop.

All Items CM Bonanno recognized the significant amount of work that goes into items placed on the consent calendar and thanked staff.

ON THE MOTION OF CM BONANNO, SECONDED BY CM KIICK, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 4.1.

ON THE MOTION OF CM CARLING, SECONDED BY VM MUNRO, AND CARRIED ON A 4-0 VOTE, WITH CM BONANNO ABSTAINING, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 4.1.

4.1 Approval of draft minutes - December 7, 2020 City Council Special Meeting.

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

4.2 Approval of draft minutes - January 26, 2021 City Council Special Meeting, February 8, 2021 City Council Regular Meeting, and February 22, 2021 City Council Regular Meeting.

Recommendation: Staff recommends City Council approve the draft minutes.

4.3 Resolution 2021-078 authorizing execution of an agreement with Califa for network data services for the Livermore Public Library, in an amount expected to be $29,810 with e-rate credits awarded, but not-to-exceed $119,240 without credits.

Recommendation: Staff recommended the City Council adopt a resolution authorizing a five-year agreement with Califa in an amount expected to total $29,810 with e-rate credits awarded, but not-to-exceed $119,240 in the unexpected event that these credits do not come through, for the Livermore Public Library's continued use of the CalREN (California Research and Education Network) broadband network.

4.4 Resolution 2021-079 awarding bid and authorizing the execution of an agreement for services with Denali Water Solutions, LLC for biosolids hauling and disposal in an amount not-to-exceed $1,550,000.

Recommendation: Staff recommended the City Council adopt a resolution awarding Bid No. 4229 and authorizing the execution of an agreement for services with Denali Water Solutions, LLC for biosolids hauling and disposal in an amount not-to-exceed $1,550,000.

4.5 Resolution 2021-080 authorizing the execution of an agreement with Hunt & Sons Petroleum for a bulk fuel purchase in an amount not-to-exceed $725,000 for the term of June 15, 2021 through September 1, 2022.

Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of a sub-agreement to the Sacramento Area Council of Government (SACOG) agreement with Hunt & Sons Petroleum in a not-to-exceed amount of $725,000 for the term of June 15, 2021 through September 1, 2022.

4.6 Resolution 2021-081 approving the Memorandum of Understanding between the City of Livermore and the Livermore Police Management Association.

Recommendation: Staff recommended that the City Council adopt a resolution authorizing the execution of the Memorandum of Understanding (MOU) between the City of Livermore and the Livermore Police Management Association for the period July 1, 2021 through June 30, 2025

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4.7 Resolution 2021-082 authorizing the City Manager to execute the First Amendment to Standard Services Agreement with the County of Alameda accepting grant funding for the Horizon's Family Counseling Center for the term of July 1, 2021 to June 30, 2023, in the annual amount of $620,000.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to execute the First Amendment to the Standard Services Agreement for the extended term of July 1, 2021 to June 30, 2023 with an annual amount of $620,000 and a total amount not-to-exceed amount of $3,100,000.

4.8 Resolution 2021-083 authorizing a purchase order with Altec Industries, Inc. for a replacement Aerial truck in an amount not-to-exceed $234,169.

Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of a purchase order with Altec Industries Inc. for a replacement Aerial truck in an amount not-to-exceed $234,169.

4.9 Resolution 2021-084 authorizing a purchase order to Baker & Taylor Books for purchases of library books and related materials in fiscal year 2021-22, in an amount not-to-exceed $220,000.

Recommendation: Staff recommended the City Council adopt a resolution authorizing issuance of a purchase order to Baker & Taylor Books for Fiscal Year 2021-22 purchases of library books and related materials, not-to-exceed $220,000.

4.10 Resolution 2021-085 authorizing the execution of a blanket purchase order to Univar USA, Inc. for the purchase of sodium hypochlorite 12.5% for use at the Water Reclamation Plant in an amount not-to-exceed $160,000.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the execution of a blanket purchase order with Univar USA Inc. for the purchase of sodium hypochlorite 12.5% to be used for treated effluent disinfection at the Water Reclamation Plant in an amount not-to-exceed $160,000.

4.11 Resolution 2021-086 authorizing acceptance for permanent maintenance and release of security for the Water Reclamation Plant (WRP) Phase II Aeration Tank Modifications, Project No. 2016-18.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the WRP Phase II Aeration Tank Modifications, Project No. 2016-18.

4.12 Resolution 2021-087 authorizing Livermore Sanitation's request to modify solid waste collection days for some single-family residential accounts.

Recommendation: Staff recommends the City Council approve Livermore Sanitation's Request to Change Service Days for some single-family residential accounts.

4.13 Resolution 2021-088 approving the Two-Year Financial Plan for Fiscal Years 2021-22 and 2022-23

Recommendation: Staff recommended that City Council adopt a resolution approving the Two-Year Financial Plan for fiscal years 2021-22 and 2022-23 and adjusting appropriations for fiscal year 2020-21, and authorizing a contribution of any unspent General Fund operating appropriation plus any General Fund revenue in excess of projections, up to a maximum of $2.0 million, into the Infrastructure Repair and Replacement Reserve at the end of fiscal year 2020-21.

4.14 Resolution 2021-089 adopting a list of projects for Fiscal Year 2021-22 funded by Senate Bill 1 and approving the use of Road Maintenance and Rehabilitation Account funds

Recommendation: Staff recommended the City Council adopt a resolution approving a list of projects funded by Senate Bill (SB) 1 in Fiscal Year (FY) 2021-22 and approve the use of Road Maintenance and Rehabilitation Account (RMRA) Funds.

5.

5. PUBLIC HEARINGS

5.1 Hearing to consider amending the Livermore Municipal Code and Livermore Development Code to re-activate on-site affordable housing requirements for rental projects and make administrative updates to the Affordable Housing Program and the Affordable Housing In-Lieu Fee.

Recommendation:
1. The Planning Commission and staff recommend the City Council introduce an ordinance:

a. Finding the adoption of a development review process for affordable housing requirements is not a project under the California Environmental Quality Act ("CEQA") and is exempt from CEQA Approving Development Code Amendment 21-003

b. Instructing staff to file a Notice of Exemption, in accordance with the provisions of the California Environmental Quality Act, if the project is approved.

2. Staff recommends the City Council introduce an ordinance:

a. Finding the update of an in-lieu fee methodology for affordable housing requirements is not a project under the California Environmental Quality Act ("CEQA") and is exempt from CEQA

b. Approving Municipal Code Amendment 21-001
c. Instructing staff to file a Notice of Exemption, in accordance with the provisions of the California Environmental Quality Act, if the project is approved.

Management Analyst Grace Streltzov presented the staff report.

Mayor Woerner opened the public hearing.

Donna Cabanne stated that affordable housing developers should not be allowed to pay in-lieu fees in place of housing units and that all projects should offer affordable housing units. She further stated that she disagreed the project was exempt from CEQA.

There were no more speakers and the hearing was closed.

In response from questions from CM Kiick related to Mrs. Cabanne's comments, Mr. Roberts clarified that developments with 10 or less units can pay in-lieu fees but larger developments cannot. He also stated that the act of updating regulations was not a project under CEQA.

In response to questions from CM Bonanno, Mr. Roberts stated that while the physical units may change, the number of affordable housing units would remain the same.

In response to questions from CM Bonanno, Mr. Roberts stated that a planning application is considered complete when all require information required in the development code for that type of application has been submitted to the City. City staff would then begin the analysis of the project. After the analysis, the project would then go to Planning Commission

.

VM Munro expressed appreciation for the City's long history of providing housing for all.

ON THE MOTION OF VM MUNRO, SECONDED BY CM KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCES:

Ordinance introduced:

a. Finding the adoption of a development review process for affordable housing requirements is not a project under the California Environmental Quality Act ("CEQA") and is exempt from CEQA Approving Development Code Amendment 21-003

b. Instructing staff to file a Notice of Exemption, in accordance with the provisions of the California Environmental Quality Act, if the project is approved.

Ordinance introduced:

a. Finding the update of an in-lieu fee methodology for affordable housing requirements is not a project under the California Environmental Quality Act ("CEQA") and is exempt from CEQA

b. Approving Municipal Code Amendment 21-001

c. Instructing staff to file a Notice of Exemption, in accordance with the provisions of the California Environmental Quality Act, if the project is approved.

5.2 Hearing to approve the City's 2020 Urban Water Management Plan and 2015 Urban Water Management Plan Addendum.

Recommendation: At the conclusion of the public hearing, it is recommended that the City Council adopt a resolution:

1. Adopting and approving the 2020 UWMP and the 2015 UWMP Addendum.

2. Authorizing transmittal to the California Department of Water Resources.

3. Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this Resolution and to incorporate any necessary amendments as stipulated by the State Department of Water Resources.

Technician Programs Manager Yanming Zhang presented the staff report.

Mayor Woerner opened the public hearing.

Donna Cabanne asked questions related to water testing, the demand for water, and projected population counts.

In response to Mrs. Cabanne, Mr. Zhang stated that any time PFA's exceed the limit Zone 7 treats the water. He also stated that all developments in Livermore were counted. Mr. Roberts clarified that transit oriented development was not included in the plan

.

Alan Burnham asked about the salinity of recycled water.

In response to Mr. Burnham, Mr. Zhang stated that all recycled water produced meets standards established by the state and is safe for irrigation purposes.

There were no more speakers and the hearing was closed.

In response to questions from CM Bonanno, Mr. Zhang stated that the supply and demand numbers were precise instead of a range because they are based on a calculation that uses an average number rather than a range.

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

Resolution 2021-090 approving:

1. Adopting and approving the 2020 UWMP and the 2015 UWMP Addendum.

2. Authorizing transmittal to the California Department of Water Resources.

3. Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this Resolution and to incorporate any necessary amendments as stipulated by the State Department of Water Resources.

5.3 Hearing to approve the City's 2020 Water Shortage Contingency Plan.

Recommendation: At the conclusion of the public hearing, it is recommended that the City Council adopt a resolution:

1. Adopting and approving the 2020 Water Shortage Contingency Plan.

2. Authorize transmittal to the California Department of Water Resources.

3. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this Resolution and to incorporate any necessary amendments as stipulated by the State Department of Water Resources.

Technician Programs Manager Yanming Zhang presented the staff report.

Mayor Woerner opened the public hearing.

Donna Cabanne asked questions related to what the City can require of new developments and business owners. She also asked if the City could stop new development in the event of a drought. She urged City Council to provide a more complete list of how residents can conserve water.

Alan Burnham expressed concerns over the micromanagement of water conservation among residents.

There were no more speakers and the hearing was closed.

Public Services Supervisor Steve Aguiar clarified that the City is currently at a 10% voluntary reduction and that the City has done well with water reduction in the past.

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

Resolution 2021-091 approving:

1. Adopting and approving the 2020 Water Shortage Contingency Plan.

2. Authorize transmittal to the California Department of Water Resources.

4. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this Resolution and to incorporate any necessary amendments as stipulated by the State Department of Water Resources.

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 will be given at the meeting.

Director of Emergency Services Marc Roberts presented the staff report.

Mayor Woerner invited public comment.

Jackie Cota requested mask requirements and fines related to COVID-19 be removed.

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

In response to questions from CM Kiick, Mr. Roberts stated that the process to obtain a housing voucher from Project Room Key does not guarantee individuals a place to live. He stated that there is a limited supply of housing and some people who receive a voucher may not be able to secure housing.

In response to questions from Mayor Woerner, Mr. Roberts stated that approximately 1.5% of people who were diagnosed with Coronavirus died from it. He also stated that there was no specific information related to the prevalence of the delta variant in Alameda County but that it was projected to be a dominant strain.

Mr. Roberts also shared that Alameda County was providing less information but that the City would update the website once a week with any new information.

THE CITY COUNCIL RECEIVED THE PRESENTATION.

6.2 Appointment of Council Members to the City Council Subcommittee on Advisory Bodies for the period of July 1 - December 31, 2021.

Recommendation: Staff recommends the Mayor appoint two Council Members to serve on the City Council Subcommittee on Advisory Bodies for the period of July 1 - December 31, 2021.

Mayor Woerner invited public comment.

There were no speakers and the comment period was closed.

MAYOR WOERNER APPOINTED VM MUNRO AND CM KIICK TO THE CITY COUNCIL SUBCOMMITTEE ON ADVISORY BODIES FOR THE PERIOD OF JULY 1 - DECEMBER 31, 2021.

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.

LAVTA Appointment Mayor Woerner updated the intergovernmental agency appointment and announced CM Bonanno would serve as the delegate and he would serve as the alternate.

San Francisco Bay Regional Water Quality Board Letter Mayor Woerner requested that the letter dated 2/09/21 with the subject "Approval of Site Assessment and Summary Report" be placed on the City website so residents could read it.

Alameda County Transportation Commission Mayor Woerner urged residents to read the May 27th agenda as it provided valuable information.

Del Valle Visitor's Center CM Kiick noted her attendance at the grand opening.

East Bay Community Energy CM Kiick stated that she participated in filming a video related to the Altamont Wind Project.

Pedrozzi Scholarship Event CM Bonanno and CM Kiick noted her attendance at the event.

Valley Link Rail CM Kiick shared that Valley Link was awarded $20 million.

Equity and Inclusion CM Carling and VM Munro noted that this would be the final week of Equity and Inclusion meetings.

Goodness Village Workday CM Carling urged residents to help with the workday on June 19th. He stated residents could sign up to help on the Goodness Village website.

Quest Science Center Mayor Woerner and CM Bonanno noted their attendance at the ground breaking event.

League of California Cities VM Munro noted her attendance at the Transportation, Communication and Public Works Committee meeting. She highlighted two assembly bills

1. AB 122 which offers more local control for cities setting speed limits; and

2. AB 43 is the Idaho Stop for Bikes, similar to California Stop for Cars, urging bicyclists to come to a complete stop at intersections.

8.

8. ADJOURNMENT - at 10:33 pm to a special City Council meeting on January 19, 2021 and to a regular City Council meeting on January 25, 2021 at 7:00 pm, held virtually via Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK