Livermore City Council 11/14/2022

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. CLOSED SESSION


CITY COUNCIL

NOVEMBER 14, 2022

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REGULAR MEETING

1. CLOSED SESSION - None

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 and Trish Munro

Absent: Council Member Brittni Kiick

PLEDGE OF ALLEGIANCE

3.

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation declaring November 2022 as National Native American Heritage Month presented to Tina Henson with Livermore American Indian Center.

Recommendation: Staff recommended City Council proclaim November 2022 as National Native American Heritage Month.

Council Member Munro presented the proclamation to Program Specialist Tina Henson

3.2 Historic Preservation Commission annual update presented by Chair Vic Avila.

Recommendation: Staff recommended City Council receive the Historic Preservation Commission annual update.

Historic Preservation Commission Vice Chair Michelle Setchell provided the annual update.

3.3 Confirmation of Advisory Body appointments to the Beautification Committee, Commission for the Arts, Human Services Commission, and Livermore Housing Authority, and direct the City Clerk to administer the oath of office.

Recommendation: The City Council Subcommittee on Advisory Bodies recommended the City Council confirm the advisory body appointments to the Beautification Committee, Commission for the Arts, Human Services Commission, and Livermore Housing Authority, and direct the City Clerk to administer the oath of office.

Beautification Committee

Tania M Panarello to an unexpired term ending June 1, 2024.

Commission for the Arts

Monya Lane to a regular term ending January 1, 2027.

Robert Gausman to a regular term ending January 1, 2027.

Cathleen de Ornelas to a regular term ending January 1, 2027

Human Services Commission

Elizabeth McWhorter to an unexpired term ending November 1, 2023.

Umashankar S Meda to an unexpired term ending November 1, 2023.

Livermore Housing Authority

Heather I Casey was reappointed to a regular term ending January 1, 2027 - tenant

Christine Stuart was reappointed to a regular term ending January 1, 2027 - tenant - 62 years

Mark Palajac was reappointed to a regular term ending January 1, 2027 - at large

Parag Vaishampayan was reappointed to a regular term ending January 1 2027 - at large

Deputy City Clerk Debbie Elam 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 VM BONANNO, SECONDED BY CM CARLING, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS.

City Clerk Marie Weber will administer the oath of office at a later date.

3.4 Presentation from East Bay Community Energy (EBCE) presented by JP Ross, Vice President of Local Development, Electrification, and Innovation.

Recommendation: Staff recommended the City Council receive an update from East Bay Community Energy about local development programs available to EBCE member jurisdictions.

JP Ross, Vice President of Local Development, Electrification, and Innovation presented the update

3.5 Update on drought and water conservation presented by Water Resources Division Manager, Anthony Smith and California Water Service Company.

Recommendation: Staff recommended the City Council receive an update on the City's efforts to address the current drought, including steps taken to conserve water and to educate other residential and commercial users on water conservation.

Water Resources Division Manager Anthony Smith and Anthony Meyer with the California Water Service Company gave the presentation.

3.6 Livermore Airport Development and Hangar Waitlist Policy Updates.

Recommendation: Information only. No action from Council is recommended.

Acting Airport Manager Sean Moran presented the updates.

4.

4. CITIZENS FORUM

Mayor Woerner opened the public comment period.

Alan Burnham, provided a comment.

Hayden Sidun, provided a comment.

Linda Ryan, provided a comment.

Kenneth Do, provided a comment.

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

5.

5. CONSENT CALENDAR

Item 5.2 was removed from the Consent Calendar for separate discussion and action.

Mayor Woerner opened the public comment period for Consent Calendar Items 5.1, and 5.3-5.8.

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 4-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 5.2.

Mayor Woerner opened the public comment period for Consent Calendar Item 5.2

Alan Burnham, 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 CARLING, SECONDED BY VM BONANNO, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 5.2

5.1 Resolution 2022-178 authorizing the City Manager to execute an agreement with Tyler Technologies, Inc for Enterprise Resource Planning Software to replace the City of Livermore's financial and human resources software in an amount not-to-exceed $1,995,868.

Recommendation: Staff recommended that City Council adopt a resolution authorizing the City Manager to execute an agreement with Tyler Technologies, Inc (Tyler) for Enterprise Resource Planning software (ERP) to replace the City of Livermore's (the City) dated financial and human resources system.

5.2 Resolution 2022-179 authorizing execution of the first amendment to the agreement with Street Plans for the East Avenue Corridor Study Phase II project to pilot multiple intersection improvements, extend the term to June 30, 2024 and increase the not-to-exceed amount from $198,000 to

$496,200.

Recommendation: Staff recommended that the City Council adopt a resolution authorizing the City Manager to execute the First Amendment to the Professional Services Agreement with Street Plans for the East Avenue Corridor Study Phase II project and all other necessary documents to implement that agreement.

5.3 Resolution 2022-180 authorizing an increase in the construction contract change order allowance by $237,441 to a cumulative not-to-exceed amount of $588,141 for the Livermorium Plaza at Mills Square Park, Project No. 2014-36; and authorizing the acceptance for permanent maintenance and release of the security bonds for the Livermorium Plaza at Mills Square Park Project.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Authorizing an increase in the construction contract change order allowance by

$237,441 to a cumulative not to exceed amount of $588,141 for the Livermorium Plaza at Mills Square Park, Project No. 2014-36; and

2. Authorizing the acceptance for permanent maintenance and release of the security bonds for the Livermorium Plaza at Mills Square Park Project. 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.

5.4 Resolution 2022-181 approving an amendment to the City of Livermore Salary Plan to reflect market equity adjustments for Water Resources Mechanic I and Water Resources Mechanic II.

Recommendation: Staff recommended the City Council adopt a resolution approving the City of Livermore Salary Plan as of November 2022, in accordance with California Code of Regulations, Title 2, Section 570.5.

5.5 Resolution 2022-182 authorizing the execution of Project and Program Grant Agreements with Anne Giancola, East Bay Holocaust Education Center, Las Positas College Foundation, and Livermore Art Association, consistent with the City's Public Art Policy.

Recommendation: The Commission for the Arts and staff recommended the City Council adopt a resolution approving the applications and authorizing the execution of the following Project and Program Grant Agreements:

1. Anne Giancola-$5,000 for the Wind Power Temporary Public Art Project

2. East Bay Holocaust Education Center-$10,000 for "Violins of Hope"

3. Las Positas College Foundation-$10,000 for the 2023 Las Positas Literary Arts Festival "LPC Lit Fest"

4. Livermore Art Association- $2,800 for the 2023 Livermore Art Association Spring Art Show

5.6 Resolutions 2022-183 and 2022-184 approving revisions to the City Council's Rules of Procedure and the City Council's Norms, Values and Principles of Governance.

Recommendation: The City Council Subcommittee recommended the City Council adopt resolutions approving the revisions to the City Council's Rules of Procedure and the City Council's Norms, Values, and Principles of Governance.

5.7 Resolution 2022-185 reauthorizing 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.

5.8 Introduction of an ordinance amending Livermore Municipal Code Chapter 15.26 Green Building Standards Code to include an onsite exception for non-combustion fuel cells to produce electricity.

Recommendation: Staff recommended the City Council waive the first reading and introduce an ordinance with an effective date of January 1, 2023, to amend Chapter 15.26 (Green Building Standards Code) in The Livermore Municipal Code to include an onsite exception for non-combustion fuel cells to produce electricity.

6.

6. PUBLIC HEARINGS

6.1 Hearing to consider a request to amend Development Agreement 18-001 for the Lassen Road Townhomes project to revise the performance schedule to accommodate regulatory permitting of the off-site improvements (DAA 21-002).

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

1. Adopt a resolution finding the First Amendment to Development Agreement 18-001 is within the scope of the Lassen Road Townhomes Initial Study and Mitigated Negative Declaration in accordance with the California Environmental Quality Act

2. Introduce an ordinance amending Development Agreement 18-001 for the Lassen Road Townhomes project (DAA 21-002).

S presented the staff report.

Mayor Woerner opened the public hearing.

Senior Planner Andy Ross presented the staff report.

There were no speakers and the hearing was closed.

ON THE MOTION OF CM MUNRO, SECONDED BY CM CARLING AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION AND INTRODUCED THE FOLLOWING ORDINANCE:

Resolution 2022-186 finding the environmental impacts of the First Amendment to the Development Agreement for the Lassen Road Townhome Project are within the scope of the Initial Study and Mitigated Negative Declaration. Development Agreement Amendment (DAA) 21-002

Introduced an ordinance approving a First Amendment to the Development Agreement with LD-Fund III Livermore Land, LLC for the Lassen Road Townhome Project. (Development Agreement Amendment 21-002).

6.2 Resolution authorizing, approving and adopting an amended Permanent Local Housing Allocation (PLHA) program five year plan and authorizing the City Manager to apply for PLHA funds from the State Department of Housing and Community Development for supportive shared housing projects and the Vineyard 2.0 housing resource center.

Recommendation: Staff recommended the City Council adopt a resolution amending the PLHA Plan for 2019-2023 allocations, which is attached to the resolution as Exhibit A, and authorizing the City Manager, or her designee, to execute the PLHA program application, the PLHA standard agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the PLHA program or the PLHA grant awarded to the City of Livermore.

Management Analyst II Grace Streltzov presented the staff report.

Mayor Woerner opened the public hearing.

Darin Lounds, provided a comment.

There were no more speakers and the hearing was closed.

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 2022-187 authorizing, approving and adopting an amended Permanent Local Housing Allocation (PLHA) program five year plan and authorizing the City Manager to apply for PLHA funds from the State Department of Housing and Community Development for supportive shared housing projects and the Vineyard 2.0 Housing Resource Center.

6.3 Hearing to consider amending the Livermore Development Code regarding temporary signs, including Section 4.06.140, to update regulations relating commercial and non-commercial temporary signs in all zoning districts.

Recommendation:

a) Based on City Council direction, staff recommended the City Council waive the first reading and introduce an ordinance approving Development Code Amendment 22-003, Temporary Signs, to update sections relating to the location, time of day, and number of days for commercial and non-commercial temporary signs in all zoning districts.

or

b) As an alternative to the Development Code Amendment requested by the City Council, the Mayor recommends the City Council waive the first reading and introduce an ordinance to prohibit the placement of all temporary signs in the public right-of-way in commercial, industrial, and residential zoning districts.

This item was continued to the November 28, 2022 Regular City Council Meeting.

7.

7. MATTERS FOR CONSIDERATION
Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).

7.1 Discussion and direction regarding the Livermore Cultural Arts Vision entitled: Creative Livermore: A Plan for the Future of the Arts and Culture.

Recommendation: The Commission for the Arts and staff recommend the City Council discuss and provide direction on the Livermore Cultural Arts Vision entitled: Creative Livermore: A Plan for the Future of the Arts and Culture.

Innovation and Economic Development Director Brandon Cardwell and Barbara Goldstein with Art Builds Community presented the staff report.

Mayor Woerner opened the public comment period.

Alan Marling, provided a comment.

Alan Burnham, provided a comment.

Beth Trutner, provided a comment.

Lisa Tromovitch, provided a comment.

Karl Wente, provided a comment.

There were no more speakers and the hearing was closed.

THE CITY COUNCIL RECEIVED THE REPORT.

8.

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

Gun Buyback Program on November 5, 2022 CM Munro noted attendance and CM Carling and Munro congratulated organizing partnerships for a successful program.

Livermore Amaodr Valley Transit Authority Meeting CM Bonanno noted attendance

Veterans' Parade M Woerner noted attendance at the event.

CITY COUNCIL DIRECTED STAFF TO RESEARCH MODIFYING THE SIDESHOW ORDINANCE TO PROHIBIT SPECTATOR PARTICIPATION IN ILLEGAL STREET RACING OR SIDESHOW ACTIVITIES AND BRING BACK TO COUNCIL IN EARLY 2023

9. CLOSED SESSION

8. ADJOURNMENT - at 7:31 pm to a Special City Council Closed Session meeting on Monday, November 21, 2022 at 5:00 pm and a Regular City Council meeting on Monday, November 28, 2022 at 7:00 pm, held virtually using Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK