Livermore City Council 12/13/2021

2. CALL TO ORDER

4. CITIZENS FORUM

7.2 & 7.3 MATTERS FOR CONSIDERATION

5. CONSENT CALENDAR

7. MATTERS FOR CONSIDERATION

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

9. ADJOURNMENT


CITY COUNCIL

DECEMBER 13, 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 opened the public comment period.

There were no speakers and the comment period was closed.

1. 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. (One case)

Livermore v. The Alameda County Board of Supervisors, et al., Alameda County Superior Court Case No. RG18906336.

1.2 Threat to Public Services or Facilities - Consultation with: Police Chief Jeramy Young, Livermore Police Department, pursuant to Government Code section 54957

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REGULAR MEETING

2.

2. CALL TO ORDER - 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.

3. PROCLAMATIONS AND PRESENTATIONS - NONE

4.

4. CITIZENS FORUM

Mayor Woerner opened the public comment period.

Alan Marlon provided a comment.

Alan Heckman provided a comment.

Dennis Skillen provided a comment.

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

7.2 & 7.3 MATTERS FOR CONSIDERATION

Mayor Woerner reordered the agenda to hear items 7.2 and 7.3 before the Consent Calendar.

7.2 Resolution approving an amended and restated employment contract with the City Manager.

Recommendation: Mayor Woerner recommended the City Council adopt a Resolution approving an amended and restated employment contract with the City Manager.

7.3 Resolution approving an amended and restated employment contract with the City Attorney

Recommendation: Mayor Woerner recommended the City Council adopt a resolution approving an amended and restated employment contract with the City Attorney.

Mayor Woerner opened the public comment period for items 7.2 and 7.3.

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

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

Resolution 2021-200 approving an amended and restated employment contract with the City Manager.

Resolution 2021-201 approving an amended and restated employment contract with the City Attorney.

5.

5. CONSENT CALENDAR

Mayor Woerner opened the public comment period.

Karl Wente provided a comment

There were no more speakers and the public 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 CONSENT CALENDAR.

5.1 Approval of draft minutes draft minutes - November 18, 2021 Adjourned Special Meeting and November 22, 2021 City Council Regular Meeting.

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

5.2 Adoption of Omnibus Ordinance 2130 amending the Livermore Municipal Code to update references, update formal names for certain locations, clarify existing provisions, and to make additional technical and non-substantive corrections.

Recommendation: Staff recommended City Council adopt an ordinance amending the Livermore Municipal Code to update references, update formal names for certain locations, clarify existing provisions, and to make additional technical and non-substantive corrections.

5.3 Adoption of Ordinance 2131 amending the Livermore Development Code Section 6.02.060 (Home Occupations) and section 9.05.100 (Home Occupation Permits)

Recommendation: The Planning Commission and staff recommended the City Council adopt an ordinance amending the Livermore Development Code Section 6.02.060 (Home Occupations) and section 9.05.100 (Home Occupation Permits).

5.4 Resolution 2021-202 authorizing a supplemental appropriation of funds in the amount of $820,000 from general funds in Fiscal Year 2021-22 and authorizing execution of an agreement with Watry Buehler Collaborative, LLP in the not-to-exceed amount of $1,410,000 to provide design and engineering construction support services.

Recommendation: Staff recommended the City Council adopt a resolution authorizing a supplemental appropriation of funds in the amount of $820,000 from general funds in Fiscal Year 2021-22 and authorizing execution of an agreement with Watry Buehler Collaborative, LLP in the not- to-exceed amount of $1,410,000 to provide design and engineering construction support services.

5.5 Resolution 2021-203 authorizing execution of an agreement with HQ Construction Co. Inc. for handyperson services, in an amount not-to-exceed $550,000.

Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of a three-year agreement with HQ Construction Co. Inc. (HQ) for on-call handyperson services at various City facilities in an amount not-to-exceed $550,000.

5.6 Resolution 2021-204 authorizing execution of a public works contract with EVRA Construction, Inc. for construction of the Police Facility Real Time Awareness Center, Project No. 2019-58, in an amount not-to-exceed $472,000.

Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of a public works contract with EVRA Construction, Inc. (Police Facility Real Time Awareness Center Project No. 2019-58).

5.7 Resolution 2021-205 authorizing execution of an amendment to the City's current agreement with ArborPro, Inc. to increase the total compensation in an amount not to exceed $165,000 and extend the term of the agreement.

Recommendation: Staff recommended the City Council adopt a Resolution authorizing the City Manager to execute an amendment to the City's current agreement with ArborPro, Inc. to increase the total compensation in an amount not to exceed $165,000 and extend the term of the agreement.

5.8 Resolution 2021-206 authorizing the City Manager to execute the third amendment to the agreement with Watry Buehler Collaborative, LLP increasing the not-to-exceed contract amount from

$1,290,783 to $1,534,083 to provide additional support services and extend the term of the agreement

Recommendation: Staff recommended City Council adopt a resolution authorizing the City Manager to execute the third amendment to the agreement with Watry Buehler Collaborative, LLP increasing the not- to-exceed contract amount from $1,290,783 to $1,534,083 to provide additional support services and extend the term of the agreement.

5.9 Resolution 2021-207 authorizing an extension and sixth amendment of the Exclusive Negotiating Rights Agreement with Shakespeare's Associates, Inc. for the development of a black box theater

Recommendation: Staff recommended the City Council adopt a resolution authorizing an extension and sixth amendment of the Exclusive Negotiating Rights Agreement with Shakespeare's Associates, Inc. for the development of a black box theater.

5.10 Resolutions 2021-208 authorizing execution of documents and delegating authority to the City Manager to participate in the two national settlement agreements for the National Prescription Opiate Litigation (distributors) and 2021-209 authorizing execution of documents and delegating authority to the City Manager to participate in the two national settlement agreements for the National Prescription Opiate Litigation (manufacturers).

Recommendation: Staff recommended the City Council adopt two resolutions:

1. Authorizing the City Manager to execute all documents and forms for the City of Livermore to participate in the settlement agreement with the distributors in the national prescription opiate litigation, and delegating authority to the City Manager to determine whether to accept or redirect settlement funds allocated to Livermore; and,

2. Authorizing the City Manager to execute all documents and forms for the City of Livermore to participate in the settlement agreement with the manufacturers in the national prescription opiate litigation, and delegating authority to the City Manager to determine whether to accept or redirect settlement funds allocated to Livermore.

5.11 Resolution 2021-210 authorizing issuance of a purchase order to National Auto Fleet Group in an amount not-to-exceed $104,411 for three 2022 Chevrolet Bolt Electric Vehicle's (EV's).

Recommendation: Staff recommended the City Council adopt a Resolution authorizing issuance of a purchase order to National Auto Fleet Group in an amount not-to-exceed $104,411 for three 2022 Chevrolet Bolt EV's.

5.12 Resolution 2021-211 authorizing a supplemental appropriation of $561,309 from the Traffic Impact Fee fund (Fund 306) in Fiscal Year 2021-22 to the El Charro Specific Plan Infrastructure, Project No. 200720.

Recommendation: Staff recommended City Council adopt a resolution appropriating $561,309 from Traffic Impact Fee fund (Fund 306) in Fiscal Year 2021-22 to the El Charro Specific Plan Infrastructure, Project No. 200720.

5.13 Resolution 2021-212 making findings regarding the continuing need for unexpended balances of Development Impact Fees as of June 30, 2021 and accepting the Annual Report of Development Fee and Connection Fee Revenues and Expenditures for Fiscal Year 2020-21.

Recommendation: Staff recommended the City Council adopt a Resolution making findings regarding the continuing need for unexpended balances of Development Impact Fees as of June 30, 2021 and accepting the Annual Report of Development Fee and Connection Fee Revenues and Expenditures for Fiscal Year 2020-21.

5.14 Resolution 2021-213 accepting annual special tax and bond accountability reports for fiscal year 2020- 21 Community Facilities District No. 99-1, 2009-1, 2012-1, 2015-1, 2016-1, 2016-2, and 2018- 1.

Recommendation: Staff recommended the City Council adopt a resolution accepting annual special tax and bond accountability reports for fiscal year 2020-21 Community Facilities District No. 99-1, 2009-1, 2012-1, 2015-1, 2016-1, 2016-2, and 2018-1.

5.15 Resolution 2021-214 approving Executive Management Group employees wage and benefits adjustments.

Recommendation: Staff recommended the City Council adopt a resolution approving Executive Management Group employees wage and benefits adjustments.

5.16 Resolution 2021-215 adopting the City of Livermore Salary Plan as of December 2021 in accordance with California Code of Regulations, Title 2, Section 570.5.

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

5.17 Resolution 2021-216 designating the Finance Manager as the City Treasurer

Recommendation: Staff recommended City Council adopt a resolution designating the Finance Manager as the City Treasurer.

5.18 Resolution 2021-217 of a continued local emergency and reauthorizing remote teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361.

Recommendation: Staff recommended City Council adopt a resolution of a continued local emergency and reauthorizing remote teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361.

6. PUBLIC HEARINGS - NONE

7.

7. MATTERS FOR CONSIDERATION

7.1 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 opened the public comment period.

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

THE CITY COUNCIL RECEIVED THE REPORT.

Mayor Woerner reordered the agenda to hear items 7.2 and 7.3 before the Consent Calendar.

7.4 Appointment of Vice Mayor

Recommendation: Staff recommended the Mayor appoint a Vice Mayor for the period of 2021-2022.

Mayor Woerner opened the public comment period.

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

MAYOR WOERNER APPOINTED CM BONANNO AS VICE MAYOR FOR THE PERIOD OF 2021-2022.

7.5 Appointment of Council Members to the City Council Subcommittee on Advisory Bodies for the period of January 1 - June 30, 2022

Recommendation: Staff recommended the Mayor appoint two Council Members to serve on the City Council Subcommittee on Advisory Bodies for the period of January 1 - June 30, 2022.

Mayor Woerner opened the public comment period.

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

MAYOR WOERNER APPOINTED CM KIICK AND VM BONANNO TO SERVE ON THE CITY COUNCIL SUBCOMMITTEE ON ADVISORY BODIES FOR THE PERIOD OF JANUARY 1 - JUNE 30, 2022

7.6 Council Members Appointments to Intergovernmental Agencies

Recommendation: Staff recommended the Mayor appoint Council Members to intergovernmental agencies.

Mayor Woerner opened the public comment period.

Karl Wente provided comment.

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

THE MAYOR APPROVED THE EXISTING APPOINTMENTS WITH THE FOLLOWING UPDATES:

Livermore Amador Valley Water Management Agency

Delegate - CM Carling

Delegate - VM Bonanno

Alternate - Mayor Woerner

Livermore Cultural Arts Council

Delegate - CM Munro

Alternate - VM Bonanno

8.

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

CITY MANAGER MARC ROBERTS ANNOUNCED HIS UPCOMING RETIREMENT EFFECTIVE JUNE 3, 2022, DISCUSSED THE PROCESS FOR REPLACING THE POSITION, THANKED THE CITY COUNCIL AND EXPRESSED HIS COMMITMENT TO ASSISTING WITH THE TRANSITION IN THE COMING MONTHS.

MAYOR WOERNER ANNOUNCED A CLOSED SESSION MEETING OF THE CITY COUNCIL TO BE HELD ON THURSDAY, DECEMBER 16, 2021 TO DISCUSS THE CITY MANAGER EMPLOYMENT PROCESS.

THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF RECENTLY ATTENDED EVENTS AND MEETINGS IN ADDITION TO THE INFORMATION PROVIDED IN THE SUPPLEMENTAL PACKET.

Tri-Valley Transportation Council Council Member Kiick noted her attendance at the November 23, 2021 and December 13, 2021 special meetings.

IN RESPONSE TO COMMENTS FROM MR. MARLON, THE CITY COUNCIL DIRECTED STAFF TO RETURN WITH A STAFF REPORT PROVIDING ADDITIONAL INFORMATION REGARDING MOVING TO BRILLIANT 100 WITH EAST BAY COMMUNITY ENERGY.

CITY COUNCIL DIRECTED STAFF TO PROVIDE INFORMATION REGARDING WHAT THE PROCESS AND INVESTMENT FOR SUPPORTING THE BAY ADAPT REGIONAL STRATEGY WOULD ENCOMPASS.

8.

9. ADJOURNMENT - at 7:53 pm to a closed session on December 16, 2021 at 7:00 pm and to a regular City Council meeting on January 10, 2022 at 7:00 pm, both held virtually using Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK