Livermore City Council 7/11/2022

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

July 11, 2022

________________________________________________________________

1. CLOSED SESSION - NONE

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

PLEDGE OF ALLEGIANCE

3.

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Update on Drought, Water Conservation and New State Restrictions

Recommendation: Staff recommended the City Council receive an update on the current drought situation, the City's response and new State watering restrictions.

Water Resources Division Manager Anthony Smith presented the update. The City Council received the update.

4.

4. CITIZENS FORUM

Mayor Woerner opened the public comment period.

John Freeman, California Water Services provided comment.

Rob Seeley, California Water Services provided comment.

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

5.

5. CONSENT CALENDAR

Mayor Woerner opened the public comment period.

There were no 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 APPROVED THE CONSENT CALENDAR.

5.1 Approval of draft minutes - June 13, 2022 Regular Meeting.

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

5.2 Resolution 2022-116 authorizing execution of an agreement with Bartel Associates, LLC for required actuarial consulting services in an amount not-to- exceed $107,000.

Recommendation: Staff recommended that City Council authorize the City Manager to execute a five-year agreement with Bartel Associates, LLC (Bartel) for required actuarial services in an amount not-to-exceed $107,000.

5.3 Resolution 2022-117 extending Downtown Design Review 18-006 to December 31, 2022 and awarding and authorizing execution of an agreement with WestCal Design and Build, Inc. for construction of the Livermore Village Parking Garage Construction, Phase 1: Trash Enclosure & Surface Lot Project No. 586003, in an amount not-to-exceed $1,520,000.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Extending Downtown Design Review 18-006 for the Livermore Village Parking Garage Construction Project 586003 to December 31, 2022, due to the 2018 Referendum and COVID-19 pandemic in accordance with Livermore Development Code Section 9.12.070; and

2. Awarding a construction contract with WestCal Design and Build, Inc. and authorizing the City Manager to sign on behalf of the City of Livermore, an agreement for construction of the Livermore Village Parking Garage Construction, Phase 1: Trash Enclosure & Surface Lot Project No. 586003, in an amount not-to-exceed $1,520,000;

5.4 Resolution 2022-118 authorizing the budgeted expenditure of $179,190 for local cable programming services by Tri-Valley Community Television for Fiscal Year 2022-23.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the budgeted General Fund expenditure of $179,190 for Tri-Valley Community Television operating funds for Fiscal Year 2022-23.

5.5 Resolution 2022-119 approving the City of Livermore's Title VI Program and Implementation Plan and authorizing staff to amend the Plan annually to comply with federal anti-discrimination regulations pursuant to Title VI of the Civil Rights Act of 1964.

Recommendation: Staff recommended the City Council adopt a resolution approving the City of Livermore's Title VI Program and Implementation Plan (Plan) and authorizing staff to amend the Plan annually to comply with federal regulations.

5.6 Resolution 2022-120 accepting the Single Audit Report of federal funding provided to the City for the Fiscal Year Ended June 30, 2021.

Recommendation: Staff recommended the City Council adopt a resolution accepting the Single Audit Report of federal funding provided to the City for Fiscal Year 2020-21.

5.7 Resolution 2022-121 of a continued local emergency and reauthorizing remote or hybrid teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361

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

6.

6. PUBLIC HEARINGS

6.1 Hearing to receive and consider protests related to delinquent service fees to Livermore Sanitation for solid waste, recycling, and organics handling services and adopting a resolution confirming assessments 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 2022 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 hearing was closed.

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

Resolution 2022-122 considering and overruling objections and protests related to delinquent service fees to Livermore Sanitation and confirming assessments for collection on the County assessor tax roll.

6.2 Hearing to receive and consider protests related to the non-payment of sewer service provided by the City of Livermore as of June 30, 2022 and adopting a resolution confirming assessments 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 hearing 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 RESOLUTION:

Resolution 2022-123 considering and overruling protests to place delinquent sewer accounts on the property tax roll.

6.3 Hearing to certify Draft Supplemental Environmental Impact Report for the South Livermore Valley Specific Plan and authorizing the South Livermore Urban Growth Boundary initiative to be placed on the November 8, 2022, ballot enabling the South Livermore Sewer Extension Project.

Recommendation: Staff recommended the City Council:

1. Adopt a resolution certifying the Supplemental Environmental Impact Report;

2. Adopt a resolution approving the ballot question and language for the South Livermore Urban Growth Boundary Initiative; and

3. Direct staff to conduct all necessary actions to prepare materials for the November 8, 2022, ballot.

Senior Planner Andy Ross presented the staff report. Mayor Woerner opened the public hearing.

Mike Fredrich, Friends of Livermore provided comment.

Tracy Farhad, Visit Tri-Valley provided comment.

David Epstein, Tri-Valley Conservancy provided comment.

Dawn Argula, Livermore Valley Chamber of Commerce provided comment.

Lori Souza, Tri-Valley Conservancy provided comment.

Jean King provided comment.

Brandi Addington, Livermore Valley Winegrowers Association provided comment.

Tamara Reus, Friends of Open Space and Vineyards provided comment.

John Marchand provided comment.

Tim Johnston provided comment.

Dick Schneider provided comment.

There were no more speakers and the hearing was closed.

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

Resolution 2022-124 certifying the Final Supplemental Environmental Impact Report for the South Livermore Sewer Expansion Project and initiative to amend the South Livermore Urban Growth Boundary, adopting California Environmental Quality Act findings and a Mitigation Monitoring and Reporting Program.

Resolution 2022-125 approving the ballot question and language for the South Livermore Urban Growth Boundary Initiative and directing staff to place it on the ballot for the November 8, 2022, election to enable the South Livermore Sewer Extension Project.

7.

7. MATTERS FOR CONSIDERATION

7.1 Approval of the City Council 2023 Meeting Calendar.

Recommendation: Staff recommended the City Council approve the 2023 Meeting Calendar.

City Clerk Marie Weber presented the staff report. Mayor Woerner opened the public comment period.

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

ON THE MOTION OF CM CARLING, SECONDED BY MAYOR WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED STAFF RECOMMENDATION.

7.2 Designation of voting delegate and alternates for the 2022 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 2022 League of California Cities Annual Business Meeting.

City Clerk Marie Weber presented the staff report. Mayor Woerner opened the public comment period.

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

ON THE MOTION OF MAYOR WOERNER, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPOINTED CM MUNRO AS THE VOTING DELEGATE AND CM CARLING AS THE ALTERNATE FOR THE 2022 LEAGUE OF CALIFORNIA CITIES ANNUAL BUSINESS MEETING.

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 ADDITION TO THE INFORMATION PROVIDED IN THE SUPPLEMENTAL PACKET. COUNCIL MEMBERS WHO DID NOT PROVIDE A SUMMARY IN THE SUPPLEMENTAL PACKET ARE INCLUDED BELOW.

I-Street Garage Ribbon Cutting CM Carling noted his attendance at the event on July 7, 2022.

Farmers Market CM Carling noted his attendance at the event on July 7, 2022.

Innovation Tri-Valley CM Carling noted his attendance at the meeting on July 8, 2022.

9.

9. ADJOURNMENT - at 8:19 pm in memory of John Ambrosino to a Regular City Council meeting on Monday, July 25, 2022 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK