Livermore City Council 4/11/2022

1. CALL TO ORDER

2. PROCLAMATIONS AND PRESENTATIONS

3. CITIZENS FORUM

4. CONSENT CALENDAR

5. PUBLIC HEARINGS

6. MATTERS FOR CONSIDERATION

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

8. ADJOURN TO CLOSED SESSION

9. CLOSED SESSION


CITY COUNCIL

APRIL 11, 2022

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CIVIC CENTER MEETING HALL GRAND OPENING RECEPTION - 6:30 pm

REGULAR MEETING

1.

1. CALL TO ORDER - The meeting of the City Council was called to order by Mayor Bob Woerner at 7:03 pm, held in-person at 1016 S Livermore Ave and remotely using Zoom and YouTube.

ROLL CALL - Present: Mayor Bob Woerner, Vice Mayor Regina Bonanno and Council Members Robert W. Carling, Brittni Kiick and Trish Munro

PLEDGE OF ALLEGIANCE

Boy Scouts Troop 939 presented the colors and led the pledge of allegiance. The troop also presented a flag with historical use in honor of the inaugural April 11, 2022, City Council Meeting.

Mayor Woerner added a Land Dedication to this portion of the agenda.

LAND DEDICATION

Mayor Woerner acknowledged Ohlone land as the location of the new Civic Center Meeting Hall at 1016 S Livermore Ave and requested a moment of silence.

2.

2. PROCLAMATIONS AND PRESENTATIONS

2.1 Proclamation declaring April 24-30, 2022 as National Crime Victims' Rights Week presented to Jenifer Mello, South County Victim Advocate Supervisor from the Alameda County Victim/Witness Division.

Recommendation: Staff recommended City Council proclaim April 24-30, 2022 as National Crime Victims' Rights Week.

THE MAYOR PRESENTED THE PROCLAMATION TO THE ALAMEDA COUNTY VICTIM/WITNESS DIVISION.

2.2 Proclamation declaring April 29, 2022 as Arbor Day in the City of Livermore presented to Jeff Shafer, Assistant Public Works Director

Recommendation: Staff recommended City Council proclaim April 29, 2022 as Arbor Day in the City of Livermore.

THE MAYOR PRESENTED THE PROCLAMATION TO ASSISTANT PUBLIC WORKS DIRECTOR JEFF SHAFER

2.3 Poet Laureate annual update and poem presented by Cynthia Patton, City of Livermore Poet Laureate

Recommendation: Staff recommended City Council accept the update.

Poet Laureate Cynthia Patton recited an original poem in honor of the inaugural April 11, 2022 City Council meeting in the new Civic Center Meeting Hall.

THE CITY COUNCIL RECEIVE THE UPDATE.

3.

3. CITIZENS FORUM

Mayor Woerner opened the public comment period.

Sherri Souza provided comment.

Jim Johnson provided comment.

John Marchand provided comment.

Carrie Oldes provided comment.

David McGaigan provided comment.

Jackie Cota provided comment.

Doug Mann provided comment.

Michael Ferrucci provided comment.

Michelle provided comment.

Marnie Steele provided comment.

James Linhart provided comment.

Thomas Keller provided comment.

Tony Camp provided comment.

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

4.

4. CONSENT CALENDAR

Mayor Woerner opened the public comment period.

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

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

4.1 Approval of draft minutes - March 21, 2022 Special Meeting, March 26, 2022 Special Meeting, and March 28, 2022 Regular Meeting.

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

4.2 Adopt Ordinance 2133 amending Title 2, Chapter 2.14, Elections, of the Livermore Municipal Code regarding City Council Districts and amending the boundaries and descriptions of the districts as indicated in Exhibit A

Recommendation: Staff recommended City Council adopt an Ordinance amending Title 2, Chapter 2.14, Elections, of the Livermore Municipal Code updating the City Council District Map and amending the boundaries and descriptions of each District.

4.3 Resolutions authorizing the acceptance of grant funds from Alameda County Transportation Commission for the Robertson Park/Concannon and Epson/Concannon Crossing Improvements and approving an appropriation of $217,000 for the Concannon Blvd. at Robertson Park Rd. Crossing Enhancements Active Transportation Plan (ATP), Project Number 2021-35.

Recommendation: Staff recommended the City Council adopt resolutions:

1. Resolution 2022-038 Authorizing the City Manager or designee to sign all grant documents and accept funds from Alameda County Transportation Commission for the Robertson Park/Concannon and Epson/Concannon Crossing Improvements; and

2. Resolution 2022-039 Approving an appropriation of $217,000 for the Concannon Blvd. at Robertson Park Rd. Crossing Enhancements ATP, Project Number 2021-35, in FY 2022-23.

4.4 Resolutions authorizing acceptance of grant funds from Alameda County Transportation Commission for the Lawrence Elementary School Safe Routes to School Improvements at Portola Avenue and Enos Way and approving a supplemental appropriation of $123,000 in grant funds for the Crosswalk Safety Improvements 2022, Project Number 2022-06.

Recommendation: Staff recommended the City Council adopt resolutions:

1. Resolution 2022-040 Authorizing the City Manager or designee to sign all grant documents and accept funds from Alameda County Transportation Commission for the Lawrence Elementary School Safe Routes to School Improvements at Portola Avenue and Enos Way; and

2. Resolution 2022-041 Approving a supplemental appropriation of funds in FY 2022-23 for the Crosswalk Safety Improvements 2022, Project Number 2022-06.

4.5 Resolution 2022-042 ratifying an agreement with the California State Library to accept a $27,274 grant to be used to support the Livermore Public Library's English as a Second Language (ESL) programs and services, and approving appropriation of these funds during FY 2021-22

Recommendation: Staff recommended the City Council adopt a resolution:

1. Ratifying the City's acceptance of $27,274 in grant funds from the California State Library to be used by the Livermore Public Library for English as a Second Language (ESL) services, supplies, supports, and programs.

2. Approving the appropriation authorizing the expenditure of the accepted funds in FY 2021-22.

4.6 Resolution 2022-043 authorizing the execution of an agreement with artist Cecilia Lueza, for the acquisition and oversight of the installation of the outdoor art sculpture entitled "Influx" at the entry point to Livermore's Springtown District, in an amount not-to-exceed $40,000.

Recommendation: staff recommended the City Council adopt a resolution authorizing the City Manager or his designee to execute the Artwork Acquisition Agreement with the artist Cecilia Lueza in the not-to-exceed amount of $40,000, which is budgeted as part of the Citywide Sculptures Project #202122 of FY 2021-23 Capital Improvement Plan, and covered by City Public Art Funds.

4.7 Resolution 2022-044 authorizing execution of an agreement with Mydatt Services, Inc d/b/a Block By Block to provide Community Ambassador and Bio-Hazard Clean-Up services in an amount not-to-exceed $272,400

Recommendation: staff recommended the City Council adopt a resolution authorizing the City Manager, or his designee, to approve and enter into an agreement with Mydatt Services, Inc. d/b/a Block by Block to provide the Community Ambassador Program and Bio-Hazard Clean-Up services in the amount not-to-exceed $272,400.

4.8 Resolution 2022-045 authorizing the execution of a subordination agreement with Fremont Bank for the City's Deeds of Trust recorded on the properties located at 1031 and 1045 Bluebell Drive, and authorizing the City Manager to negotiate with the Livermore Housing Authority for new and restated loan and Regulatory Agreements on the properties

Recommendation: staff recommended the City Council adopt a resolution authorizing:

1. The City Manager to execute a Subordination Agreement with Fremont Bank, in substantially the form attached as Exhibit A to the Resolution, and subject to final form approval by the City Attorney for the City's Deeds of Trust on 1031 and 1045 Bluebell Drive.

2. The City Manager or his designee to negotiate new and/or restated loan and Regulatory Agreements with the Livermore Housing Authority (LHA) for the properties located at 1031 and 1045 Bluebell Drive using the terms described in the letter agreement between the City and LHA, attached as Exhibit B to the Resolution.

4.9 Resolution 2022-046 authorizing a lease agreement with CityServe of the Tri-Valley for office space at the Multi-Service Center, 3311 Pacific Avenue

Recommendation: staff recommended the City Council adopt a resolution authorizing execution of a lease agreement with CityServe of the Tri-Valley for office space at the Multi-Service Center, 3311 Pacific Avenue.

4.10 Resolution 2022-047 authorizing the acceptance for permanent maintenance and release of the security bonds for the Miscellaneous Corrective and Incomplete Work at the Civic Center Meeting Hall, Project 2004-3901.

Recommendation: staff recommended the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the Miscellaneous Corrective and Incomplete Work at the Livermore Civic Center Meeting Hall, Project 2004-3901.

4.11 Resolution 2022-048 directing the City Engineer to file the Annual Engineer's Report for the City's Landscape Maintenance Districts

Recommendation: staff recommended the City Council adopt a resolution directing the City Engineer to file the Annual Engineer's Report for the City's Landscape Maintenance Districts.

4.12 Resolution 2022-049 approving the City of Livermore Cybersecurity Policy

Recommendation: staff recommended City Council approve the City of Livermore Cybersecurity Policy.

4.13 Resolution 2022-050 approving the City of Livermore Salary Plan as of May 2022 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 May 2022, in accordance with California Code of Regulations, Title 2, Section 570.5.

4.14 Resolution 2022-051 terminating the proclamation of local emergency (COVID-19) and the temporary suspension and revision of the City Council Meeting Rules of Procedure in Response to the COVID-19 pandemic

Recommendation: staff recommended City Council adopt a resolution terminating the proclamation of local emergency, the temporary suspension and revision of the City Council Meeting Rules of Procedure, and all unexpired emergency orders, declared in response to the spread of COVID-19.

5.

5. PUBLIC HEARINGS

5.1 Hearing to consider proposed Livermore Municipal Water rates and charges for calendar years 2023 through 2027

Recommendation: staff recommended that the City Council:

1. Conduct a public hearing for proposed water rates; Mayor Woerner opened the public hearing.

2. Determine if a majority protest exists; and

3. If a majority protest does not exist, adopt a resolution amending water rates and charges for calendar years 2023 through 2027.

Management Analyst II Anthony Smith presented the staff report.

Mayor Woerner opened the public hearing.

There were no speakers and the hearing was closed.

City Clerk staff conducted a facial review of received written protests; reporting four (4) were received resulting in no majority protest.

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

Resolution 2022-052 Adopting the April 2022 Water Rate Study, Approving Water Rate Increases as Identified in the Study, and Amending Water Rates and Charges for Calendar Years 2023 Through 2027

5.2 Hearing to introduce an ordinance adding section 2.36.200 to the Livermore Municipal Code in compliance with the requirements of Assembly Bill 481 (an act to add sections 7070 through 7075 to the Government Code, relating to military equipment).

Recommendation: staff recommended City Council:

1. Conduct a Public Hearing to receive input and comments on the proposed equipment policy.

2. Introduce an Ordinance adding Section 2.36.200 entitled, "Military Equipment Policy" to the Livermore Municipal Code in compliance with Assembly Bill 481.

Police Captain Jason Boberg 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 BONANNO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCE:

Ordinance introduced adding Section 2.36.200 Military Equipment Policy to the Livermore Municipal Code in compliance with Assembly Bill 481

The City Council recessed for a 10-minute break.

5.3 Hearing to consider a proposal to amend the Downtown Specific Plan regarding outdoor dining, outdoor dining guidelines, and amend the Livermore Municipal Code, adding Chapter 5.6, Outdoor Dining Permit, to establish an Outdoor Dining Ordinance, including a permitting process.

Recommendation: The Planning Commission and staff recommended the City Council:

1. Adopt resolutions finding that the project is exempt under the California Environmental Quality Act and that the project is consistent with the 2009 Subsequent Environmental Impact Report for the Downtown;

2. Adopt a resolution approving Specific Plan Amendment (SPPA) 22-002 for changes to outdoor dining standards in the Downtown Specific Plan; and

3. Introduce an Ordinance amending Title 5, adding Chapter 5.60 Outdoor Dining Permit, of the Livermore Municipal Code

Assistant Planner Sukhamrit Purewal presented the staff report.

Mayor Woerner opened the public hearing.

Ruby Villareal, Livermore Downtown, Inc. provided comment.

Jackie Cota provided comment.

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

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

Resolution 2022-053 finding that the specific plan amendment and the Municipal Code amendment are exempt from the provisions of the California Environmental Quality Act

Specific Plan Amendment (SPPA) 22-002; Municipal Code Amendment (Muni) 22-001

Resolution 2022-054 finding the environmental impacts of Specific Plan Amendment (SPPA) 22-002 and Municipal Code Amendment (MUNI) 22-001 are within the scope of the 2003 General Plan and Downtown Specific Plan Environmental Impact Report (State Clearing House No. 2003032038) and the 2009 Final Subsequent Environmental Impact Report (State Clearing House No. 2008092085)

Resolution 2022-055 Approving Specific Plan Amendment (SPPA) 22-002

Introduced Ordinance adding Livermore Municipal Code Title 5 Business Regulations Chapter 5.60 Outdoor Dining Permit

6.

6. MATTERS FOR CONSIDERATION

6.1 Resolution approving the 2022 revised Meeting Rules of Procedure for the City of Livermore Advisory Bodies

Recommendation: Staff recommended the City Council adopt a resolution approving the revised Meeting Rules of Procedure for eleven of the City's advisory bodies to conform them to the City Council Meeting Rules of Procedure, add clarification, streamline administrative processes, extend the term for the Community Asset Management Program Outreach Committee and Climate Action Plan Advisory Committee, and confirm prior direction related to advisory body meetings.

Deputy City Clerk Debbie Elam 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 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2022-056 Approving the 2022 Revised Meeting Rules of Procedure for the City of Livermore Advisory Bodies

7.

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

Livermore Amador Valley Transit Authority (LAVTA), CM Kiick reported attendance at the April 4, 2022, board of directors meeting.

8.

8. ADJOURN TO CLOSED SESSION

The City Council recessed into closed session.

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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 10:06 pm, held in-person at 1016 S Livermore Ave and remotely using Zoom and YouTube.

ROLL CALL - Present: Mayor Bob Woerner, Vice Mayor Regina Bonanno, and Council Members, Robert W. Carling, Brittni Kiick and Trish Munro.

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

Mayor Woerner opened the public comment period.

John Marchand provided comment for item 9.1.2

Graham Talaber provided comment for item 9.1.2

Doug Mann provided comment for item 9.1.2

Bianca provided comment for item 9.1.2

Connie Huang provided comment for item 9.1.2

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

The City Council adjourned to Closed Session.

9.

9. CLOSED SESSION

9.1 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)

1. Tolbert v. Livermore, et al., United States District Court for the Northern District of California, Case No. 4:21-cv-05174-YGR

2. Save the Hill Group v. Livermore, et al, California Court of Appeal, First Appellate District, Division Five, Case No. A161573; Alameda County Superior Court Case No. RG19020186

The City Council reconvened into the Regular Meeting.

REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala said there was no reportable action.

10. ADJOURNMENT - at 10:58pm to a Regular City Council meeting on Monday, April 25, 2022 at 7:00 pm, held in the Civic Center Meeting Hall, City Council Chamber, 1016 S Livermore Ave and virtually using Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK