Livermore City Council 6/13/2022

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

4. CITIZENS FORUM

5. CONSENT CALENDAR

6. PUBLIC HEARINGS

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

June 13, 2022

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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 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. There were no speakers and the hearing 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. (Three cases)

1. D.L. Falk Construction Inc. v. City of Livermore, Alameda County Superior Court Case No. RG20079788

2. Garza v. Marathon Petroleum Company, et al. (City of Livermore), Alameda County Superior Court Case No. 22CV008444

3. Save Livermore Downtown v. City of Livermore, et al. Alameda County Superior Court Case No. RG21102761, First District Court of Appeals Case No. A164987

REGULAR MEETING

2.

2. CALL TO ORDER - The meeting of the City Council was called to order by Mayor Bob Woerner at 7:02 pm, held via teleconference 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

REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala said pursuant to California Government Code section 54957.1(a) I am reporting that in the matter of DL Falk v, Livermore on the agenda this evening, the City Council unanimously voted to accept a settlement and release agreement signed by the plaintiff that releases the City of Livermore in exchange for a payment by the City in the amount $875,000 and the City dismissing its lawsuit against DL Falk, contingent upon DL Falk providing escrow instructions to release the retention amount to the City of Livermore for this settlement.

The case involved allegations related to the construction of the Civic Center Meeting Hall. The City Council's vote also authorized me as the City Attorney, or my designee, to take all necessary actions to implement that settlement agreement, including the authority to make the payment once the contingency is met.

3.

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation declaring June 2022 as Safety Awareness Month to be received by Janet Hamilton, City of Livermore Risk Manager

Recommendation: Staff recommended the City Council proclaim June 2022 as Safety Awareness Month.

CM Kiick presented the proclamation to Risk Manager, Janet Hamilton.

3.2 Proclamation declaring June as Elder Abuse Awareness Month

Recommendation: Staff recommended the City Council declare June as Elder Abuse Awareness Month.

CM Carling presented the proclamation to Deputy District Attorney's, Cheryl Poncini and Sonja Frost.

MAYOR WOERNER REORDERED THE AGENDA TO HEAR ITEM 3.5

3.5 Proclamation declaring June 2022 Pride Month

Recommendation: Staff recommended the City Council proclaim June 2022 Pride Month.

VM Bonanno presented the proclamation to Livermore Pride.

3.3 Presentation of the 2022 High School Senior Arts Awards

Recommendation: Staff recommended the City Council receive the presentation.

CM Munro announced the recipients of the 4 awards: Lizzie Davies, Sophia Bass, Amelia Nelson, and William Crowhurst.

3.4 Appointment of Poet Laureate

Recommendation: The Commission for the Arts and staff recommended the City Council confirm the appointment of Peggy Schimmelman as Poet Laureate for a two-year term starting July 1, 2022 and ending on June 30, 2024. The City Clerk is directed to administer the Oath of Office at a later date.

ON THE MOTION OF CM MUNRO, SECONDED BY VM BONANNO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE APPOINTMENT OF PEGGY SCHIMMELMAN AS POET LAUREATE

4.

4. CITIZENS FORUM

Mayor Woerner opened the public comment period.

John Marchand provided a comment.

Jackie Cota provided a comment. Alan Marlon provided a comment. Brandon M. provided a comment. Dawn Argula provided a comment.

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

5.

5. CONSENT CALENDAR

Mayor Woerner opened the public comment period.

Item 5.13 Jackie Cota provided a comment.

Alan Marling provided a comment.

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

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

5.1 Resolution 2022-086 superseding a previously approved resolution and agreement and authorizing the execution of an agreement for a temporary, joint- use residential recycled water fill station between the Dublin San Ramon Services District, the City of Pleasanton, the City of Livermore, and the Zone 7

Water Agency

Recommendation: Staff recommended the City Council adopt a resolution superseding a previously approved resolution and agreement and authorizing the execution of an agreement for a temporary, joint-use residential recycled water fill station between the Dublin San Ramon Services District, the City of Pleasanton, the City of Livermore, and the Zone 7 Water Agency.

5.2 Resolution 2022-087 authorizing execution of an agreement with CPM Associates, Inc. in the not-to- exceed amount of $928,000 to provide construction management services for the Livermore Village Parking Garage Construction Project 586003

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to execute an agreement with CPM Services, Inc. in the not-to-exceed amount of $928,000 to provide construction management services for the Livermore Village Parking Garage Construction Project 586003.

5.3 Resolution 2022-088 authorizing sole sourcing equipment and instruments from Siemens to match existing equipment compatibility for the construction of the City Hall HVAC and Central Plant Chiller Replacement, Project No. 2018-30

Recommendation: Staff recommended the City Council adopt a resolution pursuant to Section 2.68.550 (C) of the Livermore Municipal Code (LMC), authorizing the sole sourcing of specific brands of equipment and instruments for construction of the City Hall HVAC and Central Plant Chiller Replacement Project No. 2018-30.

5.4 Resolution 2022-089 authorizing a Memorandum of Agreement between City of Livermore and City of Dublin for the North Canyons Parkway and Dublin Boulevard Connection, Project Number 200259

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to sign the Memorandum of Agreement with the City of Dublin for the North Canyons Parkway and Dublin Boulevard Connection, Project Number 200259.

5.5 Resolution 2022-090 authorizing the execution of an agreement for services with Univar Solutions USA, Inc., for the purchase of sodium hypochlorite 12.5% for use at the Water Reclamation Plant, in an amount not-to-exceed

$230,000

Recommendation: Staff recommended the City Council adopt a resolution authorizing the execution of an agreement for services with Univar Solutions 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

$230,000.

5.6 Resolution 2022-091 authorizing the execution of an agreement for services with Kemira Water Solutions, Inc., for the supply of ferric chloride for use at the Water Reclamation Plant, in an amount not-to-exceed $180,000

Recommendation: Staff recommended the City Council adopt resolution authorizing the execution of an agreement for services with Kemira Water Solutions, Inc., for the supply of ferric chloride for use at the Water Reclamation Plant in an amount not-to-exceed $180,000.

5.7 Resolutions 2022-092 and 2022-093 authorizing execution of agreements with Independent Code Consultants Inc. and 4LEAF Inc. to provide on-call plan review, inspections, and permit technician services. Each contract has a not-to-exceed amount of $200,000

Recommendation: Staff recommended the City Council adopt resolutions authorizing the City Manager to execute agreements with Independent Code Consultant Inc. and 4LEAF Inc. to provide on-call plan check, site inspections, permit technician services, and Certified Access Specialist (CASp) consultation. Each contract has a not-to-exceed amount of $200,000 over a two-year term.

5.8 Resolution of Intention 2022-094 to Levy Annual Assessments for the Landscape Maintenance Districts for Fiscal Year 2022-23, preliminary approval of the Annual Engineer's Report, and establishing a public hearing date for the Annual Levy of Assessments

Recommendation: Staff recommended the City Council:

1. Preliminarily approve the Consolidated Annual Engineer's Report for all Landscape Maintenance Districts.

2. Adopt a Resolution of Intention to:

a. levy and collect annual landscape maintenance assessments for all districts formed under the Landscaping and Lighting Act of 1972; and

b. establish a Public Hearing for June 27, 2022 for the levy of assessments.

5.9 Resolution 2022-095 declaring intention to reimburse expenditures from proceeds of certificates of participation to be executed and delivered to finance acquisition and construction of the Livermore Village Parking Garage

Recommendation: Staff recommended the City Council adopt a resolution declaring the intention to reimburse expenditures from tax-exempt obligations to preserve the ability to reimburse City expenditures on the Livermore Valley Parking Garage before financing proceeds are available.

5.10 Resolution 2022-096 establishing the Appropriations Limitation for FY 2022-23

Recommendation: Staff recommended the City Council adopt a resolution establishing the Appropriations Limit for FY 2022-23.

5.11 Resolution 2022-097 releasing unclaimed checks to the City of

Livermore's General Fund

Recommendation: Staff recommended the City Council adopt a resolution releasing unclaimed checks to the City of Livermore's General Fund.

5.12 Resolution 2022-098 approving the Two-Year Financial Plan Update for Fiscal Years 2021-22 and 2022-23.

Recommendation: Staff recommended that City Council adopt a resolution approving the Two-Year Financial Plan Update for fiscal years 2021-22 and 2022-23.

5.13 Resolution 2022-099 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.

6. PUBLIC HEARINGS

6.1 Hearing to consider revisions to the plans for a previously approved four-story, 133-room hotel on the southeast corner of Railroad Avenue and South Livermore Avenue. The revised plans include site plan changes to remove an underground parking garage. The project includes on- site parking including surface parking with public ADA accessible stalls and valet parking, a new public street, new street frontage improvements, storm water treatments, and landscaping. Parking will also be available off-site

Recommendation: Staff and the Planning Commission recommended the City Council adopt the following resolutions:

1. Finding the project is within the scope of the Downtown Specific Plan 2009 Subsequent Environmental Impact Report, the 2004 Downtown Specific Plan Final Environmental Impact Report, and the previously adopted addendums thereto;

2. Finding the project is exempt from the California Environmental Quality Act pursuant to Guidelines Section 15332; and

3. Approving Downtown Design Review Modification (DDRM) 22-001, subject to conditions of approval.

Associate Planner Tricia Pontau presented the staff report. Mayor Woerner opened the public hearing.

John Marchand provided a comment.

Lori Souza provided a comment.

Peg Folta provided a comment. Patrick Coyle provided a comment. Tracy Farhad provided a comment.

Brandi Addington provided a comment.

Alan Burnham provided a comment. David Epstein provided a comment. Dawn Argula provided a comment. David B. Kent provided a comment. Nancy McKenzie provided a comment.

Lynn Wallace Naylor provided a comment.

Jackie Cota provided a comment.

Brian Powell provided a comment.

There were no more speakers and the hearing was closed.

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

Resolution 2022-100 finding the project is within the scope of the Downtown Specific Plan 2009 Subsequent Environmental Impact Report, the 2004 Downtown Specific Plan Final Environmental Impact Report, and the previously adopted addendums thereto;

Resolution 2022-101 finding the project is exempt from the California Environmental Quality Act pursuant to Guidelines Section 15332; and

Resolution 2022-102 approving Downtown Design Review Modification (DDRM) 22-001, subject to conditions of approval.

7.

7. MATTERS FOR CONSIDERATION

7.1 Report on Referendums, Power Limited to Legislative Acts

Recommendation: Staff recommended the City Council receive this report on referendums.

City Attorney Jason Alcala 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.

7.2 Discussion and direction regarding the City's Commemorative Flag Display policy

Recommendation: Staff recommended the City Council provide direction regarding the City's Commemorative Flag Display policy.

Assistant City Manager Christine Martin 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 PRESENTATION AND EXPRESSED SUPPORT TO KEEP THE EXISTING POLICY WITH NO CHANGES.

7.3 Resolution authorizing the display of the rainbow pride flag for the remainder of June 2022

Recommendation: Staff recommended the City Council adopt a resolution authorizing the display of the rainbow pride flag on the flagpole at the Civic Center Campus for the remainder of June 2022.

Assistant City Manager Christine Martin presented the staff report. Mayor Woerner opened the public comment period.

Alan Marlon provided a comment. Jackie Cota provided a comment. Mel Chiong provided a comment. Stephanie F. provided a comment.

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

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

Resolution 2022-103 authorizing the display of the Rainbow Pride Flag for the remainder of June 2022.

8.

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

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

Livermore Area Valley Transit Authority CM Kiick noted her attendance at the June 6, 2022 meeting.

San Joaquin Valley Regional Rail Authority CM Kiick noted her attendance at the June 8, 2022 Valley Link meeting.

Library Summer Reading Program CM Kiick expressed appreciation for the children's summer reading program.

Farmers Market CM Carling noted his attendance at the market on Thursdays.

Climate Action Plan CM Carling and VM Bonanno noted several meetings with staff members.

Stopwaste.org CM Carling noted his attendance at the June 9, 2022 meeting.

Police Academy Graduation CM Munro and CM Carling noted their attendance at the graduation ceremony.

Rodeo CM Munro and CM Bonanno noted their attendance at the rodeo on June 10th and 11th.

8.

9. ADJOURNMENT - at 9:36 pm to a Regular City Council Meeting on June 27, 2022 at 7:00 p.m. held virtually using Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK