Livermore City Council 7/12/2021

1. CALL TO ORDER / PLEDGE OF ALLEGIANCE

3. CITIZENS FORUM

4. CONSENT CALENDAR

5. PUBLIC HEARINGS

6. MATTERS FOR CONSIDERATION

7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

8. ADJOURNMENT


CITY COUNCIL


JULY 12, 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 6:00 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.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING CLOSED SESSION ITEMS.

Mayor Woerner invited public comment.

There were no speakers and the comment period 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)

Save Livermore Downtown v. City of Livermore, et al. Alameda County Superior Court Case No. RG21102761

2. 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, or accept cooperation agreement. (One case.)

Cooperation Agreement for Redevelopment with Chevron Environmental Management Company for costs to remediate petroleum hydrocarbon and lead contamination at Mills Square Park, located at 2259 First Street, City of Livermore, County of Alameda, State of California, APN 097-0110-005-03.

Note: This Closed Session may be continued to the end of the Regular Meeting.

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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 but closed session had not been concluded and would reconvene after the regular meeting.

2. PROCLAMATIONS AND PRESENTATIONS - NONE

3.

3. CITIZENS FORUM

Mayor Woerner invited public comment.

Alan Marlon stated that the owner of The Independent newspaper uses the paper to mislead residents and urged her to support affordable housing, not bring litigation related to the Eden Housing project and withdraw current lawsuits related to Aramis Solar.

Jackie Cota, spoke regarding selecting the General Plan Advisory Committee members in an equitable manner and the importance of not considering race in the process.

Monya Lane, Quest Science Center CEO, thanked City Council and staff for supporting the Science Center and shared information related to recent events and activities.

John Marchand spoke regarding the Eden Housing project and stated that the location could not be moved without jeopardizing current grant funding.

Alice invited residents to a 50 states discussion on August 30th related to what it means to be a dejour form of government rather than a de facto government. She stated that residents could find more information by visiting dejure4sure.com.

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

4.

4. CONSENT CALENDAR

Mayor Woerner invited public comment.

Karl Wente spoke regarding good government and expressed appreciation for the work involved in providing transparent and informative government.

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

Item 4.6 CM Kiick and CM Carling stated that the item is ministerial in nature and the vote regarding this item coming to Livermore occurred months prior. They advised residents who did not agree with Chick-fil-a's practices to vote with their dollars.

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

4.1 Approval of draft minutes - June 14, 2021 City Council Regular Meeting.

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

4.2 Resolution 2021-116 authorizing the City Manager to execute an agreement with Wastewater Solids Management, Inc. for digester cleaning services in an amount not-to-exceed $309,880.

Recommendation: Staff recommend that the City Council adopt a resolution authorizing the City Manager to execute an agreement for services with Wastewater Solids Management, Inc. for digester cleaning services in an amount not-to-exceed $309,880.

4.3 Resolution 2021-117 authorizing an agreement with HDR Engineering, Inc. for the Airway Pump Station Improvements, Project No. 2021-30, in an amount not-to-exceed $447,721.

Recommendation: Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with HDR Engineering, Inc. to provide design and construction engineering support services for the Airway Pump Station Improvements, Project No. 2021-30, in an amount not-to-exceed $447,721.

4.4 Resolution 2021-118 Resolution authorizing execution of an agreement with RRM Design Group to conduct public outreach and design and assist in construction administration of Veterans Park, in an amount not-to-exceed $499,801.

Recommendation: Staff recommends the City Council adopt a resolution authorizing execution of a Professional Services Agreement with RRM Design Group for a maximum two-and-a-half-year term to conduct public outreach and design and assist in construction administration of Veterans Park, in an amount not-to-exceed $499,801.

4.5 Resolution 2021-119 authorizing execution of an agreement with Daniel B. Valiao, Resolution 2021-120 authorizing execution of an agreement with East Bay Municipal Consulting, Resolution 2021-121 authorizing execution of an agreement with SNG & Associates, Resolution 2021-122 authorizing execution of an agreement with Gil's Consulting, and Resolution 2021-123 authorizing execution of an agreement with P/A Design Resources to provide on-call plan check and development engineering. Each contract has a not-to-exceed amount of $200,000 over a two-year term.

Recommendation: Staff recommends the City Council adopt resolutions authorizing the City Manager to execute professional services agreements to provide on-call plan check and development engineering review services with:

1. Daniel B. Valiao

2. East Bay Municipal Consulting

3. SNG & Associates

4. Gil's Consulting

5. P/A Design Resources

4.6 Resolution 2021-124 approving Final Parcel Map 10720 and subdivision improvement agreement for the Chick-fil-A development on N. Livermore Avenue at I-580.

Recommendation: Staff recommends the City Council adopt a resolution:

1. Authorizing execution of the Subdivision Improvement Agreement;

2. Approving Final Parcel Map 10720 for recording; and

3. Accepting on behalf of the public all real property offered for dedication within Parcel Map 10720 in conformance with the terms of the offer, except for the following, which the Council rejects at this time, reserving the right to accept the offer at a future date: Parcel 2 and Parcel 3, Public Utility Easement and Public Trail Easement.

4.7 Resolution of Intention 2021-125 to dispose of property located at 2324 Second Street and authorizing execution of a Purchase and Sale Agreement with Michael Messinger

Recommendation: Staff recommends the City Council adopt a resolution authorizing execution of a Purchase and Sale Agreement with Michael Messinger ("Buyer") for the City-owned property located at 2324 Second Street ("Property"), and make the following findings:

1. The Property to be sold was included in the City's Long Range Property Management Plan (LRPMP) and the City entered into a binding Exclusive Negotiating Rights Agreements with the Buyer prior to December 31, 2020 and the Property will be disposed of prior to December 31, 2022.

2. The sale is therefore exempt from the new disposition requirements of Government Code section 54222 pursuant to Government Code section 54234(b); and

Staff further recommends the City Council direct and authorize the following actions:

1. The City Manager to sign, on behalf of the City, the Purchase and Sale Agreement with Michael Messinger, attached hereto as Exhibit A, and all related documents, subject to City Attorney form approval.

2. Directs staff to place this item on the February 28, 2022 City Council agenda or as soon as possible thereafter for the statutory hearing to hear protests and take final action to sell the Property.

3. Directs staff to provide for publication of the notice of the protest hearing and final action as set forth by Government Code sections 37422-37423.

4.8 Resolution 2021-126 authorizing the budgeted General Fund expenditure of $169,047 for local cable programming services by Tri-Valley Community Television for Fiscal Year 2021-22.

Recommendation: Staff recommends the City Council adopt a resolution authorizing the budgeted General Fund expenditure of $169,047 for Tri-Valley Community Television operating funds for Fiscal Year 2021-22.

5.

5. PUBLIC HEARINGS

5.1 Hearing to receive protests related to the non-payment of solid waste, recycling, and organics handling services provided by Livermore Sanitation for collection on the County assessor tax roll.

Recommendation: Staff recommended the City Council hold a Public Hearing to:

1. Consider protests related to the non-payment of solid waste, recycling, and organics services;

2. Adopt a resolution overruling protests and confirm the 2021 assessments if applicable; and

3. Direct staff to forward a finalized copy of the assessment report to the County Tax Assessor.

Recycling Specialist Marisa Gan presented the staff report.

Mayor Woerner opened the public hearing.

There were no speakers and the public hearing was closed.

In response to questions from CM Kiick, Mrs. Gan stated that some payments had been made since the publication of the agenda and none of the people were impacted due to COVID-19.

In response to questions from Mayor Woerner, Mrs. Gan clarified that five of the remaining properties had been levied in prior years and the financial impact of staff going through the process is recovered in fees and penalties.

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

Resolution 2021-127 considering and overruling protests and confirming the 2021 assessments; and directing staff to forward a finalized copy of the assessment report to the County Tax Assessor.

5.2 Hearing to receive and consider all objections and protests related to the non-payment of sewer service provided by the City of Livermore for collection on the County assessor tax roll.

Recommendation: Staff recommended the City Council consider protests, adopt a resolution overruling protests and direct staff to forward a finalized copy of the assessment list to the County Tax Assessor.

Accounting Supervisor Ann Furtado presented the staff report.

Mayor Woerner opened the public hearing.

There were no speakers and the public hearing was closed.

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

Resolution 2021-128 Considering and Overruling Protests to Place Delinquent Sewer Accounts on the Property Tax Roll.

5.3 Public hearing, landowner election and actions related to formation of Community Facilities District No. 2021-1 (Maintenance & Public Services) pursuant to the Mello-Roos Community Facilities Act of 1982.

Recommendation: Staff recommended the City Council take the following actions in connection with the proposed formation of Community Facilities District No. 2021-1 (Maintenance and Public Services) (CFD) and a related Future Annexation Area pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Mello-Roos Act"):

1. Conduct the public hearing and consider written and oral protests;

2. Adopt the resolution of formation of a Community Facilities District and Future Annexation Area;

3. Adopt a resolution calling a special landowner election for a community facilities district, and direct the City Clerk to complete the landowner elections;

4. Adopt a resolution declaring the results of the special landowner election and, if the election is successful, direct recording of Notice of Special Tax Lien; and

5. Introduce an ordinance levying special taxes within the CFD (including any territory that annexes into the CFD from the Future Annexation Area).

Mayor Woerner opened the public hearing and announced that ballots could be submitted during the hearing in person at City Hall.

Associate Civil Engineer Debbie Salgado presented the staff report.

Jackie Cota objected to additional taxation without representation and stated that it was unnecessary.

In response to comments from Mrs. Cota, City Manager Marc Roberts stated that the property owners impacted can vote on the assessment. City Attorney Jason Alcala also clarified that unanimous approval must be received upon annexation into the territory to receive the tax.

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

City Council recessed for 10 minutes to allow the City Clerk to gather any ballots received.

Mayor Woerner asked if any written protests had been received.

City Clerk Marie Weber stated that no protests were received.

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

Resolution 2021-129 forming a Community Facilities District and a Future Annexation Area, and Authorizing and Directing Actions Related Thereto

City of Livermore Community Facilities District No. 2021-1

(Maintenance and Public Services); and

Resolution 2021-130 calling a special landowner election for a community facilities district, and direct the City Clerk to complete the landowner elections.

City Clerk Marie Weber opened the ballots received on camera and stated that all votes were in favor of the measure.

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 2021-131 declaring the results of the special landowner election successful and directing the recording of Notice of Special Tax Lien.

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

Introduced an Ordinance levying special taxes within the CFD (including any territory that annexes into the CFD from the Future Annexation Area).

5.4 Hearing for the confirmation of the levy of assessments for the City's Landscape Maintenance Districts for Fiscal Year 2021-22.

Recommendation: Staff recommended the City Council conduct a public hearing for the confirmation of the annual levy of assessments for the City's Landscape Maintenance Districts for Fiscal Year 2021-22. Upon closure of the public hearing, staff recommends the City Council adopt a resolution confirming the annual levy of assessments for the City's Landscape Maintenance Districts and directing actions with respect thereto for Fiscal Year 2021-22.

Management Analyst II Sean Prevette presented the staff report.

Mayor Woerner opened the public hearing.

There were no speakers and the public hearing was closed.

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

Resolution 2021-132 confirming the annual levy of assessments for the City's Landscape Maintenance Districts and directing actions with respect thereto for Fiscal Year 2021-22.

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.

Jackie Cota stated that no emergency existed and requested that the City Council end the local emergency.

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

In response to questions from CM Carling, Mr. Roberts stated that the City was almost finished processing applications for the rent abatement program. He also stated that more generous programs at the state and federal level had opened causing a steep decline in City applications.

In response to questions from CM Carling, Mr. Roberts clarified that mobile vaccine clinics are coordinated with the County and are in addition to the two standing clinics within the City. He stated that the mobile workshops are targeted at very specific communities and that locations and partners are determined on a case-by-case basis.

Mr. Roberts also clarified that transportation options for local clinics are being provided as part of the City's messaging.

In response to questions from VM Munro, Mr. Roberts confirmed that the vaccine has not been approved to children under the age of 11. He stated that the Center for Disease Control has provided guidance for best practices when not vaccinated and that those practices apply to children as well.

CM Bonanno recommended encouraging the single shot vaccination for sensitive areas of town where language or other barriers may exist. She also requested that the City work with the school district to encourage and provide opportunities for students to get vaccinated.

In response to questions from Mayor Woerner, Mr. Roberts clarified that the City is only continuing the emergency at the request of local businesses.

Mayor Woerner requested staff place information on the website regarding the reason for continuing the state of emergency. He also requested data related to the percent of new cases that are unvaccinated residents and what percent of new cases are the new delta variant.

CITY COUNCIL RECEIVED THE PRESENTATION.

6.2 Discussion and direction on building electrification ordinance for new construction.

Recommendation: Staff recommended the City Council provide direction on an electrification ordinance for new construction.

Assistant Planner Tricia Pontau presented the staff report.

Mayor Woerner invited public comment.

Roger Logan expressed concerns related to the proposed ordinance and suggested working with the laboratories.

ML Atkinson, shared the concerns of Mr. Logan related to the lack of information presented regarding the cost.

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

In response to questions from CM Bonanno, Rincon Consultant Ryan Gardner, clarified that information related to the cost benefit is provided by the state's local codes and standards program.

Mr. Gardner also stated that the electrification packages are a model and each building could be slightly different. The highest energy savings to comply with Title 24 is generally achieved through efficient appliances.

In response to questions from CM Bonanno, Mrs. Pontau stated that the City can decide who has the authority to determine exceptions and when waivers are appropriate. The current Ordinance places that authority with the Community Development Director.

All City Council Members stressed the importance of EV ready charging stations and infrastructure. CM Kiick also wanted to consider what carrot approaches would be used to encourage developers to put in EV ready infrastructure.

VM Munro stressed the importance of mitigating transportation emissions.

Mayor Woerner asked that staff clarify that existing homes are not being converted.

CM Carling suggested 100% of new single-family homes be EV ready. CM Bonanno suggested 35% of multi-family homes be EV ready. VM Munro suggested 50% for multi-family homes.

CM Kiick and Mayor Woerner asked staff provide a cost-benefit analysis, so the EV requirement does not discourage development.

Mayor Woerner also asked that alternative options be explored for multi-family housing.

THE CITY COUNCIL DIRECTED STAFF TO PROVIDE A COST BENEFIT ANALYSIS REGARDING EV REQUIREMENTS AND USERS IN BOTH SINGLE AND MULTI-FAMILY HOUSING. THEY ALSO ASKED THAT ALTERNATIVE OPTIONS BE PROVIDED FOR PEOPLE IN EXISTING MULTI-FAMILY AND SINGLE-FAMILY HOUSING.

6.3 Approval of the City Council 2022 Meeting Calendar

Recommendation: Staff recommended the City Council approve the 2022 Meeting Calendar.

City Clerk Marie Weber presented the staff report.

Mayor Woerner invited public comment.

There were no speakers and the comment period was closed.

ON THE MOTION OF CM BONANNO, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE 2022 CITY COUNCIL MEETING CALENDAR.

6.4 Designation of voting delegate and alternates for the 2021 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 2021 League of California Cities Annual Business Meeting.

City Clerk Marie Weber presented the staff report.

Mayor Woerner invited public comment.

There were no speakers and the comment period was closed.

ON THE MOTION OF CM KIICK, SECONDED BY CM BONANNO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPOINTED VM MUNRO AS THE DELEGATE, CM CARLING AS THE FIRST ALTERNATE, AND CM KIICK AS THE SECOND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL BUSINESS MEETING.

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.

Point of Privilege CM Kiick stated that at the last City Council Meeting she used a poor choice of words when discussing general plan committee appointments and stated what she meant was that having diverse representation on the committee is important.

Livermore National Laboratories Pride Month CM Kiick noted her attendance as a keynote speaker at the event.

East Bay Community Energy CM Kiick noted her attendance at a meeting and a roots soccer game.

Farmers Market CM Kiick and VM Munro noted their attendance at the local Farmers Market.

Drought Tolerant Landscaping CM Kiick asked that the City look at converting municipal acreage to drought tolerant landscaping.

Goodness Village CM Carling provided an update on occupancy and encouraged residents to volunteer.

Livermore Amador Valley Transit Authority CM Bonanno noted her attendance at the board meeting on July 12, 2021.

Permitting Policy and Procedures CM Bonanno asked that staff review procedures and policies of using shared public spaces to ensure that compatible events are scheduled together and return with a memo.

Downtown Concerns CM Bonanno requested that staff return with a memo on compliance that ensures public spaces are welcoming to all especially in the evenings and weekends.

Innovation Tri-Valley VM Munro noted her attendance at the Housing Infrastructure and Transportation Meeting.

Valley Link VM Munro noted her attendance at the June 9, 2021 Board Meeting.

ADJOURN TO CLOSED SESSION

City Council reconvened the closed session meeting.

REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala said there was no reportable action.

8.

8. ADJOURNMENT - at 10:24 pm to a regular City Council meeting on July 26, 2021 at 7:00 pm, held virtually via Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK