Livermore City Council 9/27/2021

1. CALL TO ORDER / PLEDGE OF ALLEGIANCE

2. PROCLAMATIONS AND PRESENTATIONS

3. CITIZENS FORUM

4. CONSENT CALENDAR

6. MATTERS FOR CONSIDERATION

7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY THE CITY MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS

8. ADJOURNMENT


CITY COUNCIL


September 27, 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 5:02 pm, held via teleconference using Zoom and YouTube.

ROLL CALL - Present: Mayor Bob Woerner, Vice Mayor 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.

Maryann Brent provided a comment.

Jean King provided a comment.

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

ADJOURN TO CLOSED SESSION

1. 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. (Two cases)

Bun v. City of Livermore, United States District Court Case No. 17-CV-06418-SK

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

2. Conference with Real Property Negotiator. To meet with Paul Spence and Steve Stewart, the City's negotiator pursuant to Government Code section 54956.8, regarding an amendment to the disposition and development agreement approved on September 10, 2018, for the sale and disposition of the real property at Assessor's Parcel Numbers 098- 0289-021-00, 098-0407-029-02, 098-0289-013-11, and 098-0407-013-00. The City negotiators may negotiate with Rikesh Patel on behalf of the Presidio Companies, LLC and 2205 Railroad Avenue LLC. The instructions will concern amendments to the price and terms of payment in exchange for an amendment to the disposition and development agreement to allow for the development of a downtown hotel, as well as a possible loan from the City to Presidio Companies LLC and 2205 Railroad Avenue LLC to aid in the acquisition of the property at Assessor's Parcel Number 98-0282-009 for hotel parking.

3. Conference with Labor Negotiator, Conference Joint Powers Agency Confidential Information. To meet with Administrative Services Director Douglas Alessio, the City's negotiator, pursuant to Government Code sections 54957.6, and 54956.96 regarding negotiations with The International Association of Firefighters, Local 1974, AFL-CIO-CLC.

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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 and Council Members Regina Bonanno, Robert W. Carling, and Brittni Kiick.

Absent: Vice Mayor Munro.

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 Presentation of the 2021 Summer Reading Awards.

Recommendation: Staff recommended the City Council receive the presentation.

2.2 Proclamation recognizing the Islamic Center of Livermore presented to CAIR Senior Government Relations Coordinator Sameena Usman.

Recommendation: Staff recommended City Council recognize the Islamic Center of Livermore.

2.3 Proclamation proclaiming October 2021 Cybersecurity Awareness Month presented to City of Livermore Cybersecurity Manager Donald Hester.

Recommendation: Staff recommended the City Council declare October 2021 Cybersecurity Awareness Month for the City of Livermore.

2.4 Confirmation of Advisory Body appointments to the Community Asset Management Program (CAMP) Outreach Committee, Human Services Commission, Library Board of Trustees, Livermore Housing Authority, and the Livermore Area Youth Advisory Commission (LAYAC).

Recommendation: The City Council Subcommittee on Advisory Bodies recommended the City Council confirm the advisory body appointments and direct the City Clerk to schedule individual meetings with the new members to administer the oath of office.

Community Asset Management Program (CAMP) Outreach Committee

Neal Pann to an unexpired term ending December 31, 2022.

Human Services Commission

Jon Orellana to an unexpired term ending November 1, 2021 and a regular term ending November 1, 2025.

Library Board of Trustees

Julie La Blanc to an unexpired term ending June 1, 2022.

Livermore Housing Authority (At-Large)

Charanjit Walia to an unexpired term ending January 1, 2023.

Livermore Area Youth Advisory Commission (LAYAC)

Liana T. Tran (Youth) to a regular term ending September 1, 2023.

Anusha S. Aluri (Youth) to a regular term ending September 1, 2023

Greta B. Fick-Furlotte (Youth) to a regular term ending September 1, 2023

City Clerk Marie Weber presented the staff report.

ON THE MOTION OF CM CARLING, SECONDED BY CM BONANNO AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS AND DIRECTED THE CITY CLERK TO GIVE THE OATH OF OFFICE AT A FUTURE DATE.

3.

3. CITIZENS FORUM

Mayor Woerner opened the public comment.

Jackie Cota provided a comment.

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

4.

4. CONSENT CALENDAR

Mayor Woerner opened the public comment.

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

ON THE MOTION OF CM BONANNO, SECONDED BY CM KIICK, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

4.1 Approval of draft minutes - September 13, 2021 City Council Regular Meeting and September 20, 2021 City Council Special Meeting.

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

4.2 Resolutions 2021-160 and 2021-161 declaring that a formerly vacated City right-of-way and remnant parcel are exempt from the Surplus Land Act and authorizing the City Manager to execute of a Purchase and Sale Agreement with Concentric Development Group, Inc.

Recommendation: Staff recommended the City Council adopt two resolutions:

1. Declaring that a formerly vacated City right-of-way and remnant parcel are exempt from the Surplus Land Act pursuant to Government Code Section 54221; and

2. Authorizing the City Manager to execute a Purchase and Sale Agreement with Concentric Development Group, Inc. for the sale of formerly vacated City right-of-way and remnant parcel in the amount of $45,300 and all related documents.

4.3 Resolution 2021-162 approving Final Tract Map 8471, (Ponderosa Homes) and authorizing execution of a Subdivision Improvement Agreement, and a Landscape Maintenance Agreement. Location: Lomitas Avenue.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Approving Final Tract Map 8471 for recording;

2. Authorizing execution of the Subdivision Improvement Agreement;

3. Authorizing execution of the Landscape Maintenance Agreement; and

4. Accepting, on behalf of the public, all real property offered for dedication within Final Tract Map 8471 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: Lomitas Avenue, Bella Kristina Lane, Public Utility Easement (P.U.E.) and Sidewalk Easement (S.W.E.)

4.4 Resolution 2021-163 adopting the City Council Norms, Values, and Principles of Governance and the City of Livermore Vision, Mission, and Values.

Recommendation: Staff recommended the City Council adopt a resolution revising the City Council Norms, Values, and Principles of Governance and the City of Livermore Vision, Mission, and Values.

5. PUBLIC HEARINGS

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 (1) the City's emergency operations in response to that emergency, and (2) regarding a report from the County/City task force on vaccinations.

Recommendation: An oral report was given at the meeting.

Director of Emergency Services Marc Roberts provided the staff report.

Mayor Woerner opened the public comment.

Jackie Cota provided a comment.

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

CITY COUNCIL RECEIVED THE PRESENTATION AND DIRECTED STAFF TO PROVIDE A MEMO RELATED TO THE VACCINATION STATUS OF CHILDREN UNDER 12 AND WHAT THE SCHOOL DISTRICT IS DOING REGARDING VACCINATIONS. THEY ALSO DIRECTED STAFF TO CONCLUDE THE VACCINATION TASK FORCE AND PROVIDE INFORMATION ABOUT THE NEXT STEPS FOR LOCAL BUSINESSES.

6.2 Resolution 2021-164 declaring a water shortage emergency; enacting Stage 2 of the water shortage contingency plan at a 15% mandatory level; and implementing Stage 1 water conservation rates.

Recommendation: Staff recommended the City Council adopt a resolution declaring a water shortage emergency; enacting Stage 2 of the water shortage contingency plan at a 15% mandatory level; and implementing Stage 1 water conservation rates.

Acting Water Resources Manager Anthony Smith presented the staff report.

Mayor Woerner opened the public comment period.

John Marchand provided a comment.

Jackie Cota provided a comment.

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

ON THE MOTION OF CM KIICK, SECONDED BY CM CARLING AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL DIRECTED STAFF TO PROVIDE A MONTHLY PROGRESS REPORT ON THE WEBSITE, PROVIDE AN UPDATE ON DROUGHT TOLERANT LANDSCAPING ON CITY PROPERTY, PROVIDE THE LATEST LONG RANGE WEATHER FORECAST ON THE WEBSITE, AND ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2021-164 declaring a Water Shortage Emergency, Enacting Stage 2 of the Water Shortage Contingency Plan at a 15% Mandatory Level and Implementing Stage 1 Water Conservation Rates.

6.3 Resolution 2021-165 and related documents regarding the sale and purchase of Limited Obligation Improvement Bonds to finance proposed improvements for the Assessment District 2021-1 Trevarno Road Sewer and Water Improvements.

Recommendation: Staff recommended the City Council:

1. Adopt a resolution authorizing issuance of City of Livermore Assessment District 2021-1 Trevarno Road Sewer and Water Improvements Limited Obligation Improvement Bonds, Series 2022 (the "Bonds") and confirming the authority of the City to purchase the Bonds and waiving a rating provision of the City of Livermore Investment Policy, and approving the form of the Fiscal Agent Agreement; and

2. Granting the City Manager and the Assistant City Manager/Administrative Services Director the authority to amend and execute documents, determine appropriateness of bond terms and conditions, and to carry out, give effect to, and comply with the terms and intent of this resolution.

Administrative Services Director Douglas Alessio presented the staff report.

Mayor Woerner opened the public comment period.

Jackie Cota provided a comment.

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

ON THE MOTION OF CM CARLING, SECONDED BY CM BONANNO AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2021-165 Authorizing issuance of Limited Obligation Improvement Bonds, confirming the authority of the City to purchase such bonds and waiving a rating provision of the City of Livermore Investment Policy, and directing related actions. Assessment District 2021-1 Trevarno Road Sewer and Water Improvements.

6.4 Asset Management and Stormwater Update

Recommendation: Staff recommended the City Council receive an update about the Asset Management and Stormwater Program Council Priority and conduct public opinion research to gauge support for an asset management revenue measure.

Management Analyst Debbie Bell presented the staff report.

Mayor Woerner opened the public comment period.

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

ON THE MOTION OF CM KIICK SECONDED BY CM CARLING AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL RECEIVED THE UPDATE AND AUTHORIZE STAFF TO CONDUCT A PUBLIC OPINION POLL TO GAUGE SUPPORT FOR AN ASSET MANAGEMENT REVENUE MEASURE.

7.

7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY THE CITY MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS

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

THE FOLLOWING ANNOUNCEMENTS WERE MADE IN ADDITION TO REPORTING OF MEETING ATTENDANCE PROVIDED IN THE SUPPLEMENTAL AGENDA PACKET

Tri-Valley Transportation Commission CM Kiick noted her attendance at the Strategic Expenditure Plan subcommittee meeting.

Scott Haggerty Altamont Wind Energy Center CM Kiick noted her attendance at the ribbon cutting on September 28, 2021.

League of California Cities CM Carling and VM Munro noted their attendance at the annual conference September 22-24, 2021.

Waste Management CM Bonanno noted her participation in a tour of the waste management facility.

Nostalgia Day Car Show Mayor Woerner noted his attendance on September 26, 2021.

8.

8. ADJOURNMENT - at 8:52 pm to a special City Council meeting on
September 28, 2021 at 5:00 pm, held virtually via Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK