Livermore City Council 7/25/2022
3. PROCLAMATIONS AND PRESENTATIONS CITY COUNCIL July 25, 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 and Council Members Robert W. Carling, Brittni Kiick and Trish Munro. Vice Mayor Regina Bonanno was absent. PLEDGE OF ALLEGIANCE 3. 3. PROCLAMATIONS AND PRESENTATIONS 3.1 Proclamation declaring August 2022 as Muslim Appreciation and Awareness Month presented to Munir Sifi of the Islamic Center of Livermore. Recommendation: Staff recommended the City Council declare August 2022 as Muslim Appreciation and Awareness Month. Council Member Munro presented a proclamation to the Islamic Center of Livermore. 4. Mayor Woerner opened the public comment period. Vic Avila, provided comment. Carol Silva, provided comment. Darci Kent, provided comment. Donna Cabanne, provided comment. Deborah McQueen, provided comment. David B. Kent, provided comment. Lisa Tromovitch, provided comment. Lori Souza, provided comment. Laning Thompson, provided comment. Jean King, provided comment. Robin Growth-Hill, provided comment. Alan Marling, provided comment. Alan Burnham, provided comment. Maryann Brent, provided comment. Jackie Cota, provided comment. Due to 30-minute time limit, the remaining requests to speak were heard later in the meeting before Agenda Item 8, Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff and Council Members. 5. Mayor Woerner opened the public comment period. Asa Strout, provided comment. Purnam Sheth, provided comment. Karl Wente, provided comment. Jackie Cota, provided 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 4-0 VOTE, THE CITY COUNCIL 5.1 Approval of draft minutes - June 27, 2022 Regular Meeting. Recommendation: Staff recommends the City Council approve the draft minutes. 5.2 Introduce an Ordinance and waive the first reading revising Municipal Code Chapter 1.28 related to the Conflict of Interest Code - Biennial Notice to add/remove positions as appropriate. Recommendation: Staff recommended the City Council accept the 2022 Local Agency Biennial Notice and waive the first reading and introduce an ordinance revising Municipal Code Chapter 1.28, Conflict of Interest Code, to add or remove positions to align with updates to the City's salary schedule. 5.3 Resolution 2022-126 authorizing execution of an agreement with Old Brit Consulting for general Information Technology (IT) consulting in an amount not-to-exceed $250,000. Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of an agreement with Old Brit Consulting for general IT consulting in an amount not-to-exceed $250,000. 5.4 Resolution 2022-127 authorizing execution of a Purchase Order with CDW Government LLC for the purchase of a CineMassive CineView Video Wall Display (commercial grade monitors) for the Police Department's Real-Time Awareness Center (Project No. 2019-58) in an amount not-to- exceed $231,930, and authorization for the City Manager to sign an agreement for maintenance services with Haivision MCS, LLC DBA CineMassive Displays, LLC in an amount not-to-exceed $53,628. Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of a Purchase Order with CDW Government LLC for a CineMassive CineView Video Wall Display (commercial grade monitors designed for 24/7 operations and a state-of-the-art user interface and video integration) for the Police Department's Real-Time Awareness Center (Project No. 2019-58) in an amount not-to-exceed $231,930, and authorization for the City Manager to sign an agreement for maintenance services with Haivision MCS, LLC DBA CineMassive Displays, LLC in an amount not-to-exceed $53,628. 5.5 Resolution 2022-128 authorizing issuance of a Purchase Order with Peterson Truck Inc. for a replacement Fleet Service Truck, for performing routine maintenance and emergency repairs to City vehicles in the field in the amount of $222,456 and a contingency in an additional amount not-to-exceed ten percent (10%). Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of a Purchase Order with Peterson Truck Inc. for a replacement Fleet Service Truck to be used to perform routine equipment and vehicle maintenance, along with emergency service work in the field in the amount of $222,456, and authorizing a contingency in an additional amount not-to-exceed ten percent (10%). 5.6 Resolution 2022-129 authorizing execution of a Purchase Order with Boise Mobile Equipment for two Type 6 Xtreme Fire Apparatus on the Dodge 5500 four-wheel drive, crew cab chassis, for wildland urban interface fire response in the amount of $609,836 and a contingency in an additional amount not-to-exceed ten percent (10%). Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of a Purchase Order with Boise Mobile Equipment in the amount of $609,836 for two Type 6 Xtreme Fire Apparatus pumper trucks the Dodge 5500 four-wheel drive, crew cab chassis, for wildland urban interface fire response in the amount of $609,836 and authorizing a contingency in an additional amount not-to-exceed ten percent (10%). 5.7 Resolution 2022-130 authorizing a supplemental appropriation of $574,441 from the Traffic Impact Fee fund in FY 2022-23 to the Traffic Signal Installation Program, Project No. 2014-31 to reimburse Scannell Properties #339 LLC for their installation of new traffic signal improvements at the intersection of Mines Road and Technology Drive. Recommendation: Staff recommended City Council adopt a resolution authorizing a supplemental appropriation of $574,441 from the Traffic Impact Fee fund (Fund 306) in FY 2022-23 to the Traffic Signal Installation Program, Project No. 2014-31 to reimburse Scannell Properties #339 LLC for their installation of new traffic signal improvements at the intersection of Mines Road and Technology Drive. 5.8 Resolution 2022-131 authorizing supplemental appropriations in the amounts of $9,980,000 and $3,327,000 to Fiscal Years 2023-24 through 2024-25, and awarding and authorizing execution of agreements with C. Overaa & Co. in an amount not-to-exceed $21,999,000, for construction, with Cannon Corporation in an amount not-to-exceed $112,900, for programming support, and an amendment with Carollo Engineers increasing the amount of the agreement by $2,381,660 to a total not-to-exceed amount of $4,910,499, for construction management and engineering services during construction, for rehabilitation and process improvements to the primary and secondary treatment processes at the City's Water Reclamation Plant (WRP), Project No. 2019-31. Recommendation: Staff recommended the City Council adopt a resolution for the WRP Primary and Secondary Treatment Improvements, Project No. 2019-31: 1. Authorizing supplemental appropriations of $695,000 in Fund 239 (Water Resources Replacement) and $232,000 in Fund 241 (Sewer Connection Fees) from FY 2022-23 to FY 2023-24; 2. Authorizing supplemental appropriations of $6,969,000 in Fund 239 (Water Resources Replacement) and $2,323,000 in Fund 241 (Sewer Connection Fees) in FY 2023-24; 3. Authorizing supplemental appropriations of $2,316,000 in Fund 239 (Water Resources Replacement) and $772,000 in Fund 241 (Sewer Connection Fees) in FY 2024-25; 4. Awarding and authorizing execution of an agreement with C. Overaa & Co., in an amount not-to-exceed $21,999,000, for construction of the; 5. Authorizing execution of an agreement with Cannon Corporation, in an amount not-to- exceed $112,900, for programming support services during construction; and 6. Authorizing execution of a first amendment to the agreement with Carollo Engineers, increasing the amount of the agreement by $2,381,660 to a total not-to-exceed amount of $4,910,499, for additional construction management and engineering design services during construction. 5.9 Resolution 2022-132 to temporarily suspend the current Airport Development Policy and suspend consideration of certain development on airport property until a new Development Policy is created and approved. Recommendation: Staff recommended that the City Council adopt a resolution to temporarily suspend the current Airport Development policy and Airport development to allow for creation and approval of a new Airport Development Policy. 5.10 Resolution 2022-133 authorizing execution of an agreement with Hinderliter, de Llamas and Associates, Inc., for business license tax and fee operations management and compliance services Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to execute a two-year agreement with Hinderliter, de Llamas and Associates, Inc. for business license tax operations management and compliance services. 6. 6.1 Hearing to adopt a resolution approving the waiver and refund of $132,562 in penalties and interest related to delinquent special taxes levied in City of Livermore Community Facilities District No. 99-1 (Tri-Valley Technology Park) on property owned by the Livermore Valley Joint Unified School District. Recommendation: Staff recommended that the City Council hold a public hearing and adopt a resolution: 1. Approving the waiver of $132,562 in penalties and interest paid by the Livermore Valley Joint Unified School District as a result of the late payment of special taxes levied by the City in City of Livermore Community Facilities District No. 99-1 (Tri-Valley Technology Park) on property owned by the Livermore Valley Joint Unified School District, and authorizing execution of necessary documents, certificates, and certain other related actions; and 2. Directing staff to issue a refund to the Livermore Valley Joint Unified School District for the $132,562 in penalties and interest after deducting the City's costs of administering the delinquencies and the waiver request, and to take other actions in order to accomplish the purposes of the resolution. Administrative Services Director Tina Olson presented the staff report. Mayor Woerner opened the public hearing. There were no speakers and the hearing was closed. ON THE MOTION OF CM KIICK, SECONDED BY CM MUNRO AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION: Resolution 2022-134 approving the waiver and refund of penalties and interest related to delinquent special taxes levied in the City of Livermore Community Facilities District No. 99-1 (Tri-Valley Technology Park) on property owned by the Livermore Valley Joint Unified School District, and directing related actions. 6.2 Hearing to consider comments and protests relating to the disposition of City-owned property at 2324 Second Street (former SBC building) to Mr. Michael Messinger for the purposes of converting it from an office to restaurant use and a resolution approving the sale of the Property and authorizing the City Manager to execute the First Amendment to the Purchase and Sale Agreement with Michael Messinger to update the Schedule of Development. Recommendation: Staff recommended the City Council hear comments and protests on the following actions to be considered by the City Council relating to the disposition of city-owned property at 2324 Second Street (former SBC building), APN 097-0110-013-11, and adopt a resolution authorizing the following: 1. Final action to approve the sale of the Property as set forth by Government Code sections 37422-37423; and 2. The City Manager to sign, on behalf of the City of Livermore, the First Amendment to the Purchase and Sale Agreement with Michael Messinger and all related documents necessary to effectuate the sale of the Property, subject to City Attorney form approval. Housing Programs Manager Fran Reisner presented the staff report. Mayor Woerner opened the public hearing. Alan Burnham, provided comment. There were no more speakers and the hearing was closed. ON THE MOTION OF CM KIICK, SECONDED BY CM CARLING AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION AND DIRECTED STAFF TO BRING THE ARCHITECTURAL DESIGN REVIEW TO THE PLANNING COMMISSION: Resolution 2022-135 authorizing final action to dispose of property located at 2324 Second Street, and execution of a First Amendment to the Purchase and Sale Agreement with Michael Messinger. 6.3 Hearing to consider a request for Site Plan Design Review and Vesting Tentative Tract Map to develop the northeast corner of Portola Avenue and Collier Canyon Road, which would implement the Isabel Neighborhood Specific Plan. Recommendation: The Planning Commission and staff recommended the City Council: 1. Adopt a resolution finding that the project is exempt from the California Environmental Quality Act, under CEQA Guidelines Sections 15182 (c) and 15183; 2. Adopt a resolution approving Vesting Tentative Tract Map (VTTM) 8613 - Subdivision (SUB) 21-006, Site Plan Design Review (SPDR) 21-005; and Consistency Determination (CD) 22-001, together with the requested Density Bonus Waiver and incentive/concession, subject to the attached Conditions of Approval; and 3. Instruct staff to file a Notice of Exemption, in accordance with the provisions of the California Environmental Quality Act, subject to project approval. Associate Planner Jake Potter presented the staff report. Mayor Woerner opened the public hearing. Yolanda Meider, provided comment. Jeff Kaskey, provided comment. Matt Monterial, provided comment. There were no more speakers and the hearing was closed. ON THE MOTION OF CM CARLING, SECONDED BY CM MUNRO AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS: Resolution 2022-136 finding that the Shea Portola Project is exempt from the provisions of the California Environmental Quality Act. Resolution 2022-137 approving Vesting Tentative Tract Map (VTTM) 8613 - Subdivision (SUB) 21-006, Site Plan Design Review (SPDR) 21-005, and Consistency Determination (CD) 22-001 for the Shea Portola Project. 7. 7.1 Resolution authorizing the City Manager to purchase Renewable 100, which contains 100% renewable electricity from solar and wind sources in California, as the default electricity product for Livermore's Municipal East Bay Community Energy Accounts. Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to purchase Renewable 100 as the default electricity product for Livermore's municipal East Bay Community Energy accounts. The Renewable 100 product contains 100% renewable electricity from solar and wind sources in California. Mayor Woerner recused himself from this item due to conflict of interest. Council Member Munro was selected to be the temporary presiding officer during the Mayor's absence. Senior Planner Tricia Pontau and Climate Action Plan Intern Sarah Ansell presented the staff report. Council Member Munro opened the public comment period. Alan Marling, provided comment. Matt Monterial, provided comment. Karl Wente, provided comment. Ben Barrientos, provided comment. There were no more speakers and the public comment period was closed. ON THE MOTION OF CM KIICK, SECONDED BY CM MUNRO AND CARRIED ON A 3-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION: Resolution 2022-138 authorizing the City Manager to purchase Renewable 100 as the default electricity product for the City of Livermore's municipal accounts with East Bay Community Energy. Mayor Woerner rejoined the meeting. The City Council recessed the meeting for a 10-minute break. 7.2 Resolution appropriating $25,000 from the Water Enterprise Fund for participation in the Pure Water Tri-Valley potable reuse demonstration project phase 2 public education and outreach efforts. Recommendation: Staff recommended that the City Council adopt a resolution appropriating $25,000 from the Water Enterprise Fund in Fiscal Year 2022-23 for participation in the Pure Water Tri-Valley potable reuse demonstration project phase 2 public education and outreach efforts. Water Resources Division Manager Anthony Smith presented the staff report. Mayor Woerner opened the public comment period. Karl Wente, provided comment. Dan McIntyre, Dublin San Ramon Services District General Manager, provided comment. Ben Barrientos, provided comment. There were no more speakers and the public comment period was closed. ON THE MOTION OF CM KIICK, SECONDED BY CM MUNRO, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION: Resolution 2022-139 appropriating $25,000 in Water Enterprise funds for participation in the Pure Water Tri-Valley potable reuse demonstration project phase 2 public outreach and education efforts. 7.3 Resolution calling for and giving notice of the holding of a general municipal election for the submittal of an initiative entitled: "South Livermore Sewer Extension Project" to the voters of the City of Livermore and consolidating that election with the General Municipal Election to be held Tuesday, November 8, 2022. Recommendation: Staff recommended the City Council do the following: 1. Adopt the resolution consolidating the City Council initiative with the November 8, 2022 General Municipal Election and requesting services from Alameda County Registrar of Voters; 2. Consider appointing a subcommittee to prepare a ballot argument and rebuttal argument, or defer argument in favor of the measure to the Tri-Valley Conservancy as a bona fide proponent for the measure; and 3. Direct the City Clerk to transmit a copy of the measure to the City Attorney to prepare an impartial analysis of the measure. City Clerk Marie Weber presented the staff report. Mayor Woerner opened the public comment period. Lori Souza, Tri-Valley Conservancy, provided comment. Asa Strout, provided comment. There were no more speakers and the public comment period was closed. ON THE MOTION OF CM CARLING, SECONDED BY M WOERNER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION AND DEFERRED ARGUMENT AND REBUTTAL ARGUMENT IN FAVOR OF THE MEASURE TO THE TRI-VALLEY CONSERVANCY: Resolution 2022-140 calling for and giving notice of the holding of a General Municipal Election for the submittal of the South Livermore Urban Growth Boundary Initiative to the voters of the City of Livermore and consolidating that election with the General Municipal Election on November 8, 2022. ITEM 4 CITIZENS FORUM REOPENED At this time, the Mayor reopened Agenda Item 4, Citizens Forum, to hear the remaining requests to speak. City Attorney Jason Alcala provided information regarding petition and referendum law. Doug Mann, provided comment. Yolanda Fintschenko, provided comment. Jeff Kaskey, provided comment. Matt Monterial, provided comment. Rick Nordyke, provided comment. Jim Hutchins, provided comment. Nancy Mulligan, provided comment. Carol, provided comment. Asa Strout, provided comment. Mony Nop, provided comment. Greg Scott, provided comment. Veronica Stewart Long, provided comment. Karl Wente, provided comment. There were no more speakers and the public comment period was closed. 8. 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. City Council directed staff to investigate the P Street underpass and provide findings back to the City Council. 9. 9. ADJOURNMENT - at 10:23 pm in memory of Barbara Savoy to a Regular City Council meeting on Monday, September 12, 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 |