Livermore City Council 9/12/2022

LIBRARY SUMMER READING AWARDS

1. CALL TO ORDER

2. PROCLAMATIONS AND PRESENTATIONS

3. CITIZENS FORUM

4. CONSENT CALENDAR

6. MATTERS FOR CONSIDERATION

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

8. CLOSED SESSION


CITY COUNCIL

September 12, 2022

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SUMMER READING PROGRAM AWARDS PRESENTATION

6:30 PM

LIBRARY SUMMER READING AWARDS - 6:30 pm

1. CALL TO ORDER - Mayor Woerner called the meeting to order at 6:30

pm. All members of the City Council were present. Library Director Anwan Baker presented the Summer Reading Program awards.

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REGULAR MEETING

2.

1. CALL TO ORDER - The meeting of the City Council was called to order by Mayor Bob Woerner at 7:00 pm, held in person at 1016 S. Livermore Avenue 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

2.

2. PROCLAMATIONS AND PRESENTATIONS

2.1 Proclamation declaring September 18 - 24, 2022 as Pollution Prevention Week presented to Jennifer Peet, Acting Source Control Coordinator with the City of Livermore.

Recommendation: Staff recommended City Council proclaim September 18 - 24, 2022 as Pollution Prevention Week.

CM Carling presented the proclamation to Livermore Acting Source Control Coordinator Jennifer Peet.

2.2 Livermore Housing Authority annual update presented by Executive Director Sarah Ramler.

Recommendation: Staff recommended City Council accept the Livermore Housing Authority annual update.

Executive Director Sarah Ramler presented the update.

3.

3. CITIZENS FORUM

Mayor Woerner opened the public comment period.

Barbara Reynolds provided a comment.

Greg Scott provided a comment.

Los Positas College Veterans First Program provided a comment.

John Marchand provided a comment.

Alan Burnham provided a comment.

Alan Marling provided a comment.

Joe McThorn provided a comment.

Karl Wente provided a comment.

4.

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

4.1 Approval of draft minutes - July 11, 2022 Regular Meeting.

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

4.2 Adoption of Ordinance 2137 revised 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 adopt 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.

4.3 Resolution 2022-141 authorized acceptance for permanent maintenance and release of the security bonds and execution of a Notice of Completion for the Water Reclamation Plant Emergency Generator Project 2015-22.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the Water Reclamation Plant Emergency Generator Project 2015-22.

The City Manager is authorized to sign the Notice of Completion, a copy of which is attached as Exhibit A and incorporated by this reference.

4.4 Resolution 2022-142 authorized the City Manager to execute a Second Amendment to the agreement with JR Structural Engineering, Inc. for downtown core project management services increasing the not-to-exceed contract amount from $685,000 to $910,000 and extending the term of the agreement.

Recommendation: Staff recommended City Council adopt a resolution authorizing the City Manager to execute the Second Amendment to the agreement with JR Structural Engineering, Inc. increasing the not- to-exceed contract amount from $685,000 to $910,000 and extending the term of the agreement to December 31, 2024, for downtown core project management services.

4.5 Resolution 2022-143 authorized execution of an agreement with Black & Veatch Corporation to provide engineering design and construction support services for the Water Reclamation Plant (WRP) Ultraviolet (UV) Treatment System Replacement, Project 2021-28, in an amount not-to-exceed

$951,816.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to execute an engineering services agreement with Black & Veatch Corporation, to provide engineering design services and engineering support services during construction of the WRP UV Treatment System Replacement, Project 2021-28, in the not-to-exceed amount of $951,816.

4.6 Resolution 2022-144 authorized execution of an agreement with 4 LEAF, Inc. to provide construction inspection services at the Water Reclamation Plant (WRP) in an amount not-to-exceed $546,000, as part of the Capital Improvement Project "WRP Primary and Secondary Treatment Improvements Project 2019-31".

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to execute an agreement with 4 LEAF, Inc., to provide inspection services during construction at the Water Reclamation Plant, in the not-to-exceed amount of $546,000, as part of the Capital Improvement Project "WRP Primary and Secondary Treatment Improvements Project 2019- 31".

4.7 Resolution 2022-145 authorized execution of an agreement with Raney Planning and Management, Inc., to provide professional environmental consulting services for the annexation and development of new light industrial/business park uses located at Surface Mining Permits 39 and 40 (located south of Jack London Boulevard and west of Isabel Avenue), in an amount not-to-exceed $202,048.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the execution of an agreement with Raney Planning and Management, Inc. to provide professional environmental consulting services for the annexation and development of new light industrial/business park uses located at Surface Mining Permits 39 and 40 (located south of Jack London Boulevard and west of Isabel Avenue), in an amount not-to-exceed $202,048.

4.8 Resolution 2022-146 authorized two Purchase and Sale Agreements with Trumark Homes, for the sale of conservation easements on City-owned properties in the Springtown area and Doolan Canyon, for approximately $4 million, and authorizing an agreement with WRA, Inc. for technical assistance and peer review of mitigation materials in an amount not-to-exceed

$109,000.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to:

1. Execute a Purchase and Sale Agreement with Trumark Homes for the sale of an approximately 200-acre conservation easement on City-owned property known as the Springtown Open Space Preserve and all related transaction documents, and non- substantive changes, including extensions.

2. Execute a Purchase and Sale Agreement with Trumark Homes for the sale of an approximately 133-acre conservation easement and authorizing riparian restoration activities on City-owned property known as Doolan Canyon North, and all related transaction documents and non-substantive changes, including extensions.

3. Execute an agreement with WRA, Inc., for technical assistance and peer review of mitigation materials including conservation easements, mitigation and management plans, and endowment agreements in an amount not-to-exceed $109,000.

4. Establish a special fund dedicated to the City's infrastructure, which is in line with one of the City's strategic priorities (asset management), to hold the approximately $4 million proceeds from the sale of Conservation Easements.

5. Establish an endowment fund pursuant to the terms of the Agreements for the long term management, monitoring, and maintenance of the Conservation Easements.

4.9 Resolution 2022-147 authorized execution of a license agreement with East Bay Community Energy Authority, a Joint Power Authority, for installing, operating, and maintaining Level 3 electric vehicle chargers in the downtown.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to execute a license agreement with East Bay Community Energy Authority, a Joint Power Authority, for installing, operating, and maintaining Level 3 electric vehicle chargers that will serve thirty-two parking spaces on the City of Livermore's L Street Garage property at no cost to the City.

4.10 Resolution 2022-148 approved revised appropriations in FY 2022-23, to fourteen projects in the 2021- 23 Capital Improvement Plan.

Recommendation: Staff recommended the City Council adopt a resolution approving revised appropriations in FY 2022-23, to various projects in the 2021-23 Capital Improvement Plan.

4.11 Resolution 2022-149 authorized the City Manager to execute, on behalf of Livermore-Pleasanton Fire Department Joint Powers Authority (LPFD JPA), a Purchase Order with Bauer Compressors, Inc. for 125 Self-Contained Breathing Apparatus (SCBA) and related equipment in an amount not-to-exceed $1,430,563.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to execute, on behalf of LPFD, and in her capacity as the Executive Director for LPFD, a Purchase Order with Bauer Compressors, Inc. for the replacement of 125 Self-Contained Breathing Apparatus (SCBA) in an amount not-to-exceed $1,430,563.

4.12 Resolution 2022-150 authorized execution of an agreement with CityServe of the Tri-Valley to provide crisis stabilization and intervention services to unsheltered Livermore residents in an amount not-to-exceed $134,000.

Recommendation: Staff recommends the City Council adopt a resolution authorizing execution of an agreement with CityServe of the Tri-Valley to provide crisis stabilization and intervention services to unsheltered Livermore residents in an amount not-to-exceed $134,000 for the period of July 1, 2022, to June 30, 2023.

4.13 Resolution 2022-151 authorized execution of a standard agreement with the State of California to receive $581,440 from the Family Homelessness Challenge Grant, appropriating the grant funds for award to the Livermore Housing Authority to support unhoused families, and authorizing the City Manager to negotiate a subrecipient agreement between the City and the Livermore Housing Authority for the grant funds.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Authorizing the City Manager to execute the Standard Agreement between the City of Livermore and the State of California to secure the Family Homelessness Challenge Grant;

2. Appropriating up to $581,440 in Family Homelessness Challenge Grant funds to the Livermore Housing Authority for a grant to implement the Project; and

3. Authorizing the City Manager, or her designee, to negotiate, develop, and execute all documents related to the issuance of Family Homelessness Challenge Grant funds, including a subrecipient agreement with the Livermore Housing Authority, and authorizing the City Manager to take the actions necessary to carry out the purpose and intent of this resolution.

4.14 Resolution 2022-152 authorized execution of an agreement with Meeder Public Funds, Inc. for investment management services in an amount not-to-exceed $330,000.

Recommendation: Staff recommended that the City Council authorize the City Manager to execute a five-year agreement with Meeder Public Funds, Inc. (Meeder) for investment management services in an amount not-to-exceed $330,000.

4.15 Resolution 2022-153 reauthorized remote or hybrid teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361.

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

5. PUBLIC HEARINGS - NONE

6.

6. MATTERS FOR CONSIDERATION

6.1 Discussion and direction regarding Comprehensive General Plan Update - Draft Land Use Alternatives

Recommendation: Staff recommended the City Council review the Draft Land Use Alternatives for each of the specific focus areas, receive a presentation from staff, affirm that the draft land use alternatives represent an adequate range and mix of land use types, and direct staff to evaluate the alternatives for the General Plan Update.

Senior Planner Andy Ross presented the staff report. General Plan Advisory Committee Vice Chair Jeramy Troupe-Masi provided comments.

Mayor Woerner opened the public comment period.

Alan Burnham provided a comment.

David B. Kent provided a comment.

Alan Marling provided a comment.

Matt Weber provided a comment.

Karl Wente provided a comment.

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

THE CITY COUNCIL RECEIVED THE PRESENTATION AND DIRECTED STAFF TO RETURN WITH INFORMATION REGARDING UPZONING PROPERTY.

6.2 Resolution approving, authorizing, and directing a lease financing of the L Street parking garage (Livermore Village parking garage) and related improvements, the sale of Certificates of Participation, the distribution of a preliminary and final official statement, and granting to the Mayor, City Manager, Administrative Services Director, City Attorney, or designee the authority to approve the related documents and actions.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Approving the forms of and authorizing the execution and delivery of a Site Lease, Lease Agreement, Trust Agreement, and a Continuing Disclosure Agreement in connection with the offering and sale of the City of Livermore 2022 Certificates of Participation for the L Street parking garage project (Livermore Village Development) and authorizing the distribution of a Preliminary Official Statement and a Notice of Sale in connection therewith, and authorizing execution of necessary documents, certificates, and certain other related actions; and

2. Granting to the Mayor, City Manager, Administrative Services Director, City Attorney, or designee the authority to amend and execute documents, determine appropriateness of bond terms and conditions, and to carry out, give effect to, and comply with the terms and intent of the resolution.

Administrative Services Director Tina Olson 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 MAYOR WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2022-154 approved, authorized and directed a lease financing of the Livermore Village Parking Garage, the execution of certain lease financing documents, the sale of certificates, the distribution of a preliminary and final official statement, and other documents and actions related thereto.

7.

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

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

Livermore Amador Valley Transit Authority CM Kiick noted her attendance at the meeting of September 12, 2022.

Sandia Laboratories CM Carling and VM Bonanno noted their attendance at meetings with the laboratory regarding a Net Zero Plan.

League of California Cities Annual Conference CM Carling and CM Munro noted their attendance at the conference.

Brilliance at the Bankhead CM Carling noted his attendance at the event on September 10, 2022.

Heat Wave In response to the comment from Mrs. Reynolds, CM Munro and VM Bonanno requested staff gather information and report back regarding how to assist at-risk individuals (like the elderly) during a heat wave.

Livermore Labs VM Bonanno and Mayor Woerner noted their attendance at the 70th Anniversary event.

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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 9:55 pm, held in person at 1016 S. Livermore Avenue 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.

Greg Scott provided a comment.

There were no more 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. (One case)

1. Save the Hill Group v. City of Livermore, et al., Alameda County Superior Court Case No. RG19020186, First Appellate District Case No. A161573; and

1.2 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)

1. Conner v. Livermore, et al., Alameda County Superior Court Case No. RG19014344

REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala said there was no reportable action.

8. ADJOURNMENT - at 9:59 pm to a Regular City Council meeting on Monday, September 27, 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