Livermore City Council 11/28/2022

2. CALL TO ORDER

4. CITIZENS FORUM

7. MATTERS FOR CONSIDERATION

5. CONSENT CALENDAR

6. PUBLIC HEARINGS

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

9. ADJOURNMENT


CITY COUNCIL

NOVEMBER 28, 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 5:45 pm, held virtually using Zoom.

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 public comment period was closed.

1. ADJOURN TO CLOSED SESSION

1.1 1.1 Anticipated Litigation. To meet with the City Attorney pursuant to Government Code section 54956.9(d)(2) because there is significant exposure to litigation against the City based on existing facts and circumstances. (Two claims)

1. Pursuant to Government Code section 54956.9(e)(3) due to the receipt of claim from Northfield, LLC pursuant to the Government Claims Act. A redacted copy of Claim No. LIVE-2022-2023-0021-01 is available for public inspection pursuant to Government Code section 54957.5.

2. Pursuant to Government Code section 54956.9(e)(3) due to the receipt of claim from Ryan's Automotive Services pursuant to the Government Claims Act. A redacted copy of Claim No. LIVE-2022-2023-0021-02 is available for public inspection pursuant to Government Code section 54957.5.

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.

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

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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 virtually 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 reported the following action:

Pursuant to California Government Code section 54957.1(a), in the matter of Conner v. Livermore, the City Council voted unanimously to accept a settlement agreement and full and final release of all claims signed by the plaintiff that releases the City of Livermore in exchange for a payment by the City in the amount $145,000. The case involved allegations related to a trip and fall on a sidewalk.

3. PROCLAMATIONS AND PRESENTATIONS - NONE

4.

4. OPEN FORUM

Mayor Woerner opened the public comment period.

Jeff Kaskey, provided a comment.

Doug Mann, provided a comment.

Ben Barrientos, provided a comment.

Karl Wente, provided a comment.

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

Mayor Woerner reordered the agenda to hear Items 7.1 and 7.2 prior to the consent calendar. These items were moved ahead on the agenda before Item 5.2, which is subsequent to action taken on Items 7.1 and 7.2.

7.2 Resolution approving an amended and restated employment contract with the City Manager

Recommendation: Mayor Woerner recommended the City Council adopt a resolution approving an amended and restated employment contract with the City Manager.

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

Resolution 2022-208 approving the 2022 amendment to the employment contract with the City Manager.

7.1 Resolution approving an amended and restated employment contract with the City Attorney.

Recommendation: Mayor Woerner recommended the City Council adopt a resolution approving an amended and restated employment contract with the City Attorney.

Administrative Services Director Tina Olson presented the staff report.

Mayor Woerner opened the public comment period.

Doug Mann, provided a comment

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

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

Resolution 2022-207 approving an amended and restated employment contract with the City Attorney.

5.

5. CONSENT CALENDAR

Mayor Woerner opened the public comment period.

Doug Mann, provided a comment for 5.3

Karl Wente, provide a comment on the entirety of the consent calendar.

Connie Huang, provided a comment on 5.9.

Vladimir, provided a comment on 5.9.

Doug Mann, provided a comment on 5.9.

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

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

5.1 Approval of draft minutes - October 24, 2022 Regular Meeting.

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

5.2 Adoption of Ordinance 2139 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 adopt 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.

5.3 Adoption of Ordinance 2140 amending 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 adopt an ordinance amending Development Agreement 18-001 for the Lassen Road Townhomes project (DAA 21-002).

5.4 Resolution 2022-188 authorizing the execution of a five-year agreement with BrightView Landscape Services, Inc. for landscape maintenance services at both the Brisa Community Facilities District (2015-1) and the El Charro Community Facilities District (2012-1) in an amount not-to- exceed $1,000,000.

Recommendation: Staff recommended City Council adopt a resolution authorizing execution of a five-year agreement with BrightView Landscape Services to provide landscape maintenance services at both the Brisa Community Facilities District (2015-1) and the El Charro Community Facilities District (2012-1), in an amount not-to-exceed $1,000,000 over the five-year term.

5.5 Resolution 2022-189 authorizing the execution of an agreement with Peregrine Technologies, Inc. to provide data visualization software and services for the Livermore Police Department's Real- Time Awareness Center (RTAC) and Department Operations Center (DOC) as part of Capital Improvement Project #2019-58 in an amount not-to-exceed $960,000.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to execute a multi-year renewal agreement with Peregrine Technologies, Inc. beginning on December 15, 2022, through July 31, 2027, in an amount not-to-exceed $960,000 to provide visualization software and related technical support services for the Livermore Police Department's Real Time Awareness Center (RTAC) as part of Capital Improvement Project #2019-58.

5.6 Resolution 2022-190 authorizing a general fund supplemental appropriation of $178,436 and execution of a purchase order with Motorola Solutions for the purchase of two radio consoles to support Livermore Police Department's Real Time Awareness Center (RTAC) in an amount not-to- exceed $178,436.

Recommendation: Staff recommended the City Council adopt a resolution authorizing a general fund supplemental appropriation of $178,436 and execution of a purchase order with Motorola Solutions for the purchase of two radio consoles to support the Livermore Police Department's Real Time Awareness Center (RTAC) in an amount not-to-exceed $178,436.

5.7 Resolution 2022-191 authorizing a supplemental appropriation in the amount of $26.7 million to Fiscal Year 2023-24; awarding a construction contract with Zovich Construction in an amount not-to- exceed $30,090,000 for Livermore Village Parking Garage (L Street Garage) Construction, Phase 2, Project 586003; awarding an agreement with Quality Assurance Engineering, Inc. in an amount not-to-exceed $474,000 for construction inspection services; and approving the second amendment with Watry Buehler Collaborative, LLP increasing the amount of the agreement by $114,000 to a total not-to-exceed amount of $1,624,000 for additional engineering design and construction support services.

Recommendation: Staff recommended the City Council adopt a resolution for the Livermore Village Parking Garage (L Street Garage) Construction, Phase 2, Project 586003:

1. Authorizing a supplemental appropriation of $3,700,000 in Fund 320 (2022 COP Debt Construction Fund) from FY 2022-23 to FY 2023-24.

2. Authorizing a supplemental appropriation from issuance of bonds previously approved by Council of $23,000,000 in Fund 320 (2022 COP Debt Construction Fund) in FY 2023-24.

3. Awarding and authorizing execution of an agreement with Zovich Construction, in an amount not-to-exceed $30,090,000, for construction of the Livermore Village Parking Garage Construction, Phase 2 Project 586003.

4. Authorizing execution of an agreement with Quality Assurance Engineering, Inc. in an amount not-to-exceed $474,000, for construction inspections and materials testing services; and

5. Authorizing execution of a second amendment to the agreement with Watry Buehler Collaborative, LLP, increasing the amount of the agreement by $114,000 to a total not- to-exceed amount of $1,624,000, for additional design and construction support services.

5.8 Resolution 2022-192 approving the second amendment to the Third Amended and Restated Franchise Agreement approving the assignment of Livermore Sanitation, Inc. to Waste Connections.

Recommendation: Staff recommended the City Council adopt a resolution approving the Second Amendment to the Third Amended and Restated Franchise Agreement approving the Assignment of Livermore Sanitation, Inc. to Waste Connections.

5.9 Resolution 2022-193 rescinding the Garaventa Hills Project Approvals and Environmental Impact Report.

Recommendation: Staff recommended the City Council adopt a resolution rescinding the certification of the Re- Issued Final Environmental Impact Report, Findings and Facts, Mitigation Monitoring and Reporting Program, and approvals of a Vesting Tentative Tract Map and Site Plan Design Review in Resolution Nos. 2019-050 and 2019-051.

5.10 Resolution 2022-194 authorizing acceptance for permanent maintenance, release of security bonds and execution of a Notice of Completion for the WRP Occupied Building Repairs, Phase 1, Project 2015-19, located at the Water Reclamation Plant.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the WRP Occupied Building Repairs, Phase 1, Project 2015-19, located at the Water Reclamation Plant, and authorize the City Manager to sign the Notice of Completion.

5.11 Resolution 2022-195 authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the Fixed Base Operator Building Flood Proofing, Project 2018-49, at the Livermore Municipal Airport.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the Fixed Base Operator (FBO) Building Flood Proofing, Project 2018-49, and authorizing the City Manager to sign the Notice of Completion.

5.12 Resolution 2022-196 accepting protest and reducing the weed abatement assessment for the annual fire hazard abatement program for parcel number 099-080200100, located at 3615 Concannon Boulevard, Livermore, California 94550.

Recommendation: Staff recommended City Council adopt a resolution granting the protest against the weed abatement assessment for parcel number 099-080200100, located at 3615 Concannon Boulevard, Livermore, California 94550; and reducing assessment to $1,800, which has been paid.

5.13 Resolution 2022-197 establishing the annual Affordable For-Sale Prices, Rental Rates, and Maximum Income Limits for affordable housing units subject to the City's Inclusionary Housing Ordinance.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Establishing new maximum income limits for extremely low-, very low-, low-, median- and moderate-income households which shall apply to the City's first-time homebuyer and affordable rental programs effective upon adoption by City Council; and,

2. Establishing maximum for-sale housing prices for the Affordable Homeownership Program which will be effective for homes sold through the program beginning January 1, 2023, and establishing updated annual rent limits for City-restricted affordable units effective immediately upon adoption by City Council.

5.14 Resolution 2022-198 declaring the Pacific Avenue Senior housing site to be exempt surplus land pursuant to Government Code Section 54221(f)(1)(A).

Recommendation: Staff recommended the City Council adopt a resolution declaring the Pacific Avenue Senior housing site to be exempt surplus land pursuant to Government Code Section 54221(f)(1)(A).

5.15 Resolution 2022-199 approving modifications to the wages of the City Manager, City Attorney, Executive Management, and Unclassified Salary Schedules.

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

5.16 Resolution 2022-200 accepting the FY 2021-22 year-end Budget Report, allocating the General Fund available balance to various reserves, and designating the June 30, 2022, General Fund Reserves.

Recommendation: Staff recommended City Council adopt a resolution accepting the FY 2021-22 Year-end Budget Report, allocating the General Fund available balance to various reserves, and designating the June 30, 2022, General Fund reserves.

5.17 Receive Livermore Valley Arts annual update.

Recommendation: Staff recommended the City Council receive the Livermore Valley Arts annual update.

6.

6. PUBLIC HEARINGS

6.1 Hearing to consider a resolution approving the Housing and Human Services grant priorities for FY 2023-24.

Recommendation: The Human Services Commission and staff recommended the City Council adopt a resolution approving the Housing and Human Services Grant Priorities for FY 2023-24

Human Services Management Analyst I Amy Walker presented the staff report.

Mayor Woerner opened the public hearing.

At this time, Mayor Woerner reopened public comment for the Consent Calendar for Bianca Coveralli due to technical difficulties.

Bianca Coverelli, provided a comment for 5.9.

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

Mayor Woerner reopened the public hearing for item 6.1.

There were no speakers and the hearing was closed.

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

Resolution 2022-201 approving the Housing and Human Services Grant Priorities for Fiscal Year 2023-24.

6.2 Hearing to consider a resolution approving the third substantial amendment to the City of Livermore's U.S. Department of Housing and Urban Development Fiscal Year 2019-20 Action Plan, authorizing the City Manager to negotiate and execute any related documents, and approving a supplemental appropriation in the amount of $143,428 for unspent Community Development Block Grant (CDBG) Coronavirus funds to support the Senior Meal Program through Open Heart Kitchen.

Recommendation: Staff recommended the City Council adopt a resolution approving the third substantial amendment to the City of Livermore's U.S. Department of Housing and Urban Development (HUD) approved Fiscal Year (FY) 2019-20 Action Plan and authorize the City Manager, or her designee, to negotiate and execute any related documents, agreements and modifications with HUD and the sub grantee, Open Heart Kitchen. Staff is also requesting a supplemental appropriation in the amount of $143,428 for unspent Community Development Block Grant Coronavirus third round (CDBG-CV3) funds from Fund 613 in FY 2022-23.

Human Services Management Analyst I Amy Walker presented the staff report.

Mayor Woerner opened the public hearing.

There were no 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 2022-202 approving the third substantial amendment to the City of Livermore U.S. Department of Housing and Urban Development approved Fiscal Year (FY) 2019-20 Action Plan; authorizing the City Manager to negotiate and execute all related documents; and approving a supplemental appropriation of $143,428 from Fund 613

6.3 Hearing to consider resolutions adopting the Initial Study/Negative Declaration and the 2022 Climate Action Plan (2022 CAP).

Recommendation: Staff and the Planning Commission recommended the City Council consider the 2022 Climate Action Plan (POLI 20-001) and adopt resolutions:

1. Adopting the October 17, 2022, Initial Study/Negative Declaration (IS/ND) for the Livermore Climate Action Plan Update; and

2. Adopting the 2022 Climate Action Plan.

Senior Planner Tricia Pontau presented the staff report.

Mayor Woerner opened the public hearing.

Alan Marling, provided a comment

David Stark, provided a comment.

Alan Burnham, provided a comment.

Ajaib Sidhu, provided a comment.

Ben Barrientos, provided a comment.

Lisa Tromovitch, provided a comment.

There were no more speakers and the hearing was closed.

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

Resolution 2022-203 adopting the Livermore Climate Action Plan Update (2022 CAP) Initial Study and Negative Declaration.

Policy Proposal (POLI) 20-001

Resolution 2022-204 adopting Policy Proposal (POLI) 20-001 for the 2022 Climate Action Plan.

City Council recessed at 8:58 pm for a 10-minute break, reconvening at 9:10 pm.

At this time, Mayor Woerner reordered the agenda to hear Item 6.5 before Item 6.4 due to technical difficulties experienced by the presenter.

6.5 THIS ITEM WAS CONTINUED FROM NOVEMBER 14, 2022. 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 recommended 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.

Planning Manager Steve Stewart presented the staff report.

Mayor Woerner opened the public hearing.

David Stark, provided a comment.

Alan Burnham, provided a comment.

Jeff Kaskey, provided a comment.

Alan Marling, provided a comment.

There were no more speakers and the hearing was closed.

ON THE MOTION OF CM KIICK, SECONDED BY CM MUNRO AND CARRIED ON A 3-2 VOTE, THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCE AS RECOMMENDED BY THE MAYOR:

An ordinance revising and amending Section 4.06.140 (Temporary Signs) Chapter 4.06 (Sign Standards) in the Livermore Development Code to restrict the display of temporary signs in the public right-of-way to the hours of 9 a.m. to 5 p.m., clarify the event date, and reaffirm that signs violating the ordinance will be removed and confiscated.

6.4 Hearing to receive a tracking update on the Isabel Neighborhood Specific Plan (Specific Plan) progress and consider resolutions finding the environmental impacts of the Specific Plan amendments are within the scope of the 2018 and 2020 Environmental Impact Reports and amending the Specific Plan to include new and clarified policies, revised development and design standards, and text clarifications.

Recommendation: The Planning Commission and staff recommended the City Council receive a tracking update on the Isabel Neighborhood Specific Plan (Specific Plan) progress and consider Specific Plan amendments and adopt resolutions:

1. Finding the Environmental Impacts of the Isabel Neighborhood Specific Plan amendments are within the scope of the 2018 Environmental Impact Report and 2020 Supplemental Environmental Impact Report for the Isabel Neighborhood Specific Plan; and

2. Approving Specific Plan Amendment (SPPA) 22-001.

Community Development Director Paul Spence presented the staff report.

Mayor Woerner opened the public hearing.

There were no speakers and the hearing was closed.

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

Resolution 2022-205 finding the environmental impacts of the Isabel Neighborhood Specific Plan Amendments area within the scope of the 2018 Environmental Impact Report for the Isabel Neighborhood Specific Plan.

Resolution 2022-206 approving Specific Plan Amendment (SPAA) 22-001 for the Isabel Neighborhood Specific Plan.

6.5 THIS ITEM WAS HEARD BEFORE 6.4. 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.

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).

Mayor Woerner reordered the agenda to hear Items 7.1 and 7.2 prior to the consent calendar. These items were moved ahead on the agenda before Item 5.2, which is subsequent to action taken on Items 7.1 and 7.2.

7.1 THIS ITEM WAS HEARD BEFORE 5.0. Resolution approving an amended and restated employment contract with the City Attorney.

7.2 THIS ITEM WAS HEARD BEFORE 5.0. Resolution approving an amended and restated employment contract with the City Manager

8.

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

CITY COUNCIL DIRECTED STAFF TO RESEARCH AND BRING BACK TO CITY COUNCIL, IN MARCH 2023, A TEMPORARY SIGN ORDINANCE WITH EXEMPTIONS AS MODELED BY THE CITY OF EMERYVILLE OR SIMILAR JURISDICTIONS.

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.

Las Positas College Horticulture Facility Ribbon-Cutting Ceremony CM Munro noted attendance at the event on November 15, 2022.

California Nevada Cement Association Meeting VM Bonanno and CM Carling noted attendance at the meeting on November 16, 2022.

9.

9. ADJOURNMENT - at 10:11 p.m. to a Regular City Council meeting on December 12, 2022 at 7:00 p.m., Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK