CITY COUNCIL

January 11, 2021

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REGULAR MEETING

1.

CALL TO ORDER / PLEDGE OF ALLEGIANCE - 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 Trish Munro and Council Members Robert W. Carling, Bob Coomber and Brittni Kiick.

PLEDGE OF ALLEGIANCE

2.

PROCLAMATIONS AND PRESENTATIONS

2.1 Library Board of Trustees annual update.

Chair Arthur Pontau presented the annual update.

2.2 Confirmation of Advisory Body Appointments to the Alameda County Mosquito Abatement District Board of Trustees, Beautification Committee, Commission for the Arts, Historic Preservation Commission, and Housing Authority.

Recommendation: The City Council Subcommittee on Advisory Bodies recommended the City Council confirm the advisory body appointments and directed the City Clerk to schedule individual meetings with the new members to administer the oath of office.

City Clerk Marie Weber presented the staff report.

Alameda County Mosquito Abatement District Board of Trustee

Appointment of the following individual to a term ending January 1, 2023.

. Steven Cox

Beautification Committee

Appointment of the following individuals to regular terms ending June 1, 2024.

. Pattie Cole

. Ashley Grenier

Commission for the Arts A

Appointment of the following individuals to regular terms ending January 1, 2025.

. Heather Hickman

. Sabrina Ohnemus

. Caroline Robinson

. Cher Wollard

Historic Preservation Commission

Appointment of the following individual to a regular term ending May 1, 2024.

. Vic Avila

Housing Authority

Appointment of the following individual to a regular term ending January 1, 2025.

. Karen Hutchinson (At-Large)

ON THE MOTION OF CM CARLING, SECONDED BY VM MUNRO AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS.

3.

CITIZENS FORUM

Mayor Woerner opened the public comment.

James Hutchins spoke in opposition of the Eden Housing project.

Emily Ramey, Ygrene employee, requested that the City Council approve Ygrene's PACE financing option in Livermore.

Maryann Brent spoke in opposition of the Eden Housing project.

Jean King spoke in opposition of the Eden Housing project being located downtown.

Johnna Thompson spoke in opposition of the Eden Housing project being located downtown.

Jeff Par, Owner of Solar Technologies, spoke in support of PACE financing.

Cal Wood spoke in opposition of the Eden Housing project and requested that the City Council find another solution.

Melissa Lynch asked where she could find a letter regarding lessons learned referenced in a letter dated December 17th from Mayor Woerner. She also asked the interview process for the Equity and Inclusion subcommittee.

Jackie Cota spoke regarding her dissatisfaction with how the City is handling the COVID-19 pandemic.

Tim Twitty stated that the property between first and second street is an empty lot and has become a safety and health issue due to break-ins and trash and requested that something be done.

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

In response to comments submitted by Mr. Twitty, City Manager Marc Roberts stated that issues could be submitted to neighborhood preservation using the website.

4.

CONSENT CALENDAR

Mayor Woerner opened the public comment.

There were no speakers and the public comment was closed.

Item 4.4 In response to questions from CM Kiick, Community Development Director Paul Spence confirmed that the project would allow traffic to flow more freely in the community and that staff would look at the intersections on Vasco Road to determine if bike or pedestrian improvements were needed.

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

4.1 Approval of draft minutes - August 10, 2020 City Council Regular Meeting.

Recommendation:

Staff recommended City Council adopt the August 10, 2020 draft meeting minutes.

4.2 Resolution 2021-001 authorizing execution of an agreement with Cintas Corporation for the supply and laundering of rental garments and textiles in an amount not-to-exceed $300,000.

Recommendation:

Staff recommended the City Council adopt a resolution authorizing execution of an agreement with Cintas Corporation for the supply and laundering of rental garments and textiles in an amount not-to-exceed $300,000.

4.3 Resolution 2021-002 authorizing execution of an agreement with Ruggeri-Jensen-Azar to provide On- Call Engineering Services in an amount not-to-exceed $600,000.

Recommendation:

Staff recommended the City Council adopt a resolution authorizing the City Manager to execute an agreement for engineering services on an on-call basis with Ruggeri-Jensen-Azar in an amount not-to-exceed $600,000.

4.4 Resolution 2021-003 authorizing the supplemental appropriation of funds and execution of an agreement with HMH Engineers to provide engineering services for the Vasco Road Widening, City Project No. 2018-37 in an amount not-to-exceed $738,000.

Recommendation:

Staff recommended the City Council adopt a resolution:

1. Approving a supplemental appropriation of $265,800 from the Traffic Impact Fee Fund (F306) for the Vasco Road Widening, City Project No. 2018-37 in FY 2020-21; and

2. Authorizing the execution of an engineering services agreement with HMH Engineers in an amount not to exceed $738,000 to provide Environmental, Right-of-Way, and Engineering Design services for the Vasco Road Widening, City Project No. 2018-37.

4.5 Resolution 2021-004 authorizing execution of a First Amendment to an Engineering Services Agreement with Barry & Wynn Architects, Inc. for the Water Reclamation Plant Occupied Building Repairs

Recommendation:

Staff recommended the City Council adopt a resolution authorizing the City Manager to execute the First Amendment, in the amount of $140,450, to the Engineering Services Agreement with Barry & Wynn Architects, Inc. for the Water Reclamation Plant Occupied Building Repairs Project No. 2015-19 for a total amount not-to-exceed $664,090.

4.6 Resolution 2021-005 authorizing execution of the First Amendment to Purchase and Sale and Loan Agreement and related documents with Tri-Valley REACH, Inc. to incorporate a rehabilitation loan and authorizing an appropriation of $49,680 from the Affordable Housing In-Lieu Fee Fund for Fiscal Year 2020-21 for the property located at 153 Gillette Place #110.

Recommendation:

Staff recommended the City Council adopt a resolution authorizing:

1. Approval of a loan to Tri-Valley REACH, Inc. in the amount of $49,680 to assist with the rehabilitation of 153 Gillette Place #110, which will increase the total City loan for the property to $544,680;

2. Appropriation of $49,680 from the Affordable Housing In-Lieu Fee Fund (Fund 611) to provide Tri-Valley REACH, Inc. with the rehabilitation loan for 153 Gillette Place #110;

3. City Manager to execute the First Amendment to the Purchase and Sale and Loan Agreement attached as Exhibit A to the Resolution, and the First Amendment to the Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants attached as Exhibit B to the Resolution with Tri-Valley REACH, Inc. for 153 Gillette Place #110; and

4. City Manager to execute any related documents necessary to amend the loan and occupancy terms with Tri-Valley REACH, Inc. in conformance with the First Amendments to the Purchase and Sale and Loan Agreement and Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants approved by City Council.

5.

PUBLIC HEARINGS

5.1 Hearing to consider a resolution approving the street name change north of North Canyons Parkway from Comcast Place to Triad Place.

Recommendation:

The Planning Commission and staff recommended the City Council adopt a resolution approving the street name change from Comcast Place to Triad Place, subject to the Conditions of Approval, and instruct staff to file the Notice of Exemption with the Alameda County Clerk.

Assistant Planner Kam Purewal 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 VM MUNRO AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2021-006 approving the street name change from Comcast Place to Triad Place.

6.

MATTERS FOR CONSIDERATION

6.1 Oral report from the Director of Emergency Services regarding the COVID-19 emergency, its impacts, and the governmental operations in response to that emergency, as well as discussion and direction regarding the City's emergency operations in response to that emergency.

Recommendation:

An oral report was given at the meeting.

Director of Emergency Services Marc Roberts presented the staff report.

In response to questions from CM Carling, Mr. Roberts stated that essential workers can get more information related to which phase and vaccination group they are in through social media or by visiting the Alameda County Public Health Department website.

In response to CM Kiick, Mr. Roberts stated that Alameda County and City staff have made a targeted effort to work with unsheltered residents regarding vaccinations.

Mayor Woerner requested COVID numbers including mortality rates and Intensive Care Unit capacity be added to the website as well as the locations of Alameda County vaccine centers.

Mayor Woerner invited public comment.

Jackie Cota spoke regarding the lack of data related to the spread of COVID-19 at local businesses.

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

THE CITY COUNCIL RECEIVED THE REPORT.

6.2 2020 Climate Action Plan Update.

Recommendation:

Staff recommended the City Council receive the update on the 2020 Climate Action Plan.

Associate Planner Tricia Pontau presented the staff report.

Ryan Gardner, Rincon Climate Action Program Manager, provided a presentation.

In response to questions from CM Carling, Mr. Gardner stated that there is more of a push towards electrification than hydrogen currently. CM Carling requested that hydrogen be considered if the opportunity arises.

In response to comments from CM Carling that Altamont landfill is the 3rd largest Greenhouse Gas emitting landfill in the state, Mr. Gardner stated that Rincon does capture waste emissions but not from Altamont Landfill specifically.

In response to questions from VM Munro, Mr. Gardner clarified that all trips within the City are counted towards emission, trips that come into or leave Livermore from another City include half of the emissions in the count, and trips by commuters who do not stop in Livermore are not counted.

In response to questions from VM Munro, Mr. Gardner stated that vehicle-miles of travel (VMT) emissions from 580 commuters, the emissions from wildfires, and emissions from landfill that CM Carling mentioned are not included but Rincon can try to provide estimated numbers.

VM Munro expressed support for anything that could get us closer to carbon negative.

CM Kiick expressed appreciation that applications and surveys were provided in Spanish but requested that responses be entered into Google translate so Council Members could read them.

In response to questions from Mayor Woerner, Mr. Gardner stated that they had not tried to quantify numbers with regards to the impact of COVID. With so many unknowns, it would be difficult to quantify the numbers.

Mayor Woerner suggested that they attempt to quantify the impact in the future, acknowledge hydrogen powered vehicles in the report, and consider communication strategies during wildfires, heat waves and down cell towers.

Mayor Woerner requested that staff return with options to electrify new and existing construction.

Mayor Woerner invited public comment.

Jean King expressed appreciation for the financial assistance offered during the pandemic. She also stressed the importance of solar and recyclable to-go containers.

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

In response to comments from Mrs. King, CM Carling stated that recyclable to-go containers are an on-going issue and Stopwaste.org is actively working on it.

THE CITY COUNCIL RECEIVED THE UPDATE AND DIRECTED STAFF TO RETURN WITH OPTIONS TO ELECTRIFY NEW AND EXISTING CONSTRUCTION.

6.3 Resolution authorizing the expenditure of $774,792 in previously appropriated Small Business Assistance Grant Program funds for residential rental assistance, a small business eGift card program, and a new commercial rent forgiveness matching program.

Recommendation:

Staff recommended City Council adopt a resolution allocating the remaining Citywide Small Business Assistance Grant Program funds to augment the existing Emergency Rental Assistance Program (ERAP), create a local eGift card program, and form a new commercial rent forgiveness matching program.

Director of Office of Innovation and Economic Development Adam Van de Water presented the staff report.

In response to questions from CM Carling, Mr. Roberts stated that he would provide updates on assistance programs provided by the City during item 6.1 on future regular meetings.

In response to questions from CM Kiick, Mr. Van de Water stated the City is working to offer a variety of gift card levels to appeal to residents with different means.

In response to questions from CM Kiick, Mr. Van de Water stated these programs are e-gift certificates that are pre-loaded and paid to the business immediately upon purchase. It is up to the business to sign up for the program and the City is working to make it simple to participate.

In response to questions from VM Munro, Mr. Van de Water stated the City is hopeful that by providing funds over two quarters will assist businesses until the restrictions are lifted. Mr. Roberts stated he would provide updates on both federal and state and local programs during his update.

Mayor Woerner invited public comment.

Demitri Kaplanis, Demitri's Taverna, thanked City Council for the financial support and requested the City consider providing other types of support. He also stated that restaurants need to open soon.

MJ Morena, thanked the City for the support provided to local businesses and requested City Council open outdoor dining soon.

Jackie Cota expressed frustration with COVID-19 restrictions.

Hayden Sidun stated that it is City Council's responsibility to help people survive pandemic and asked that they fund small businesses, homeless shelters, and soup kitchens.

Tom Soules thanked the City Council for bringing aid to local businesses.

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

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

Resolution 2021-007 allocating the remaining Citywide Small Business Assistance Grant Program funds to augment the existing Emergency Rental Assistance Program (ERAP), create a local eGift card program, and form a new commercial rent forgiveness matching program.

6.4 Discussion and direction regarding filling the City Council vacancy.

Recommendation:

Staff recommended City Council review the applications received to fill the Council vacancy, select applicants to be interviewed at the Tuesday, January 19, 2021 Special Meeting, and provide direction related to the interview process.

City Clerk Marie Weber presented the staff report.

Mayor Woerner invited public comment.

Mony Nop suggested having five members of the Equity and Inclusion subcommittee in the vacancy decision making process.

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

ON THE MOTION OF MAYOR WOERNER, SECONDED BY CM KIICK AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL DECIDED TO INTERVIEW ALL 21 APPLICANTS, ASK ONE QUESTION, HAVE A MAXIMUM INTERVIEW TIME OF FIVE MINUTES PER APPLICANT, AND THEN HAVE EACH COUNCIL MEMBER SUBMIT THEIR TOP THREE CANDIDATES TO THE CITY CLERK WHO WILL PROVIDE THE RESULTS FOR FINAL DISCUSSION AND DELIBERATION.

QUESTION: WHAT ARE THE MOST IMPORTANT DECISIONS FOR THE COUNCIL TO MAKE DURING YOUR TERM? WHY SHOULD YOU BE SELECTED?

ON THE MOTION OF VM MUNRO, SECONDED BY CM CARLING AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL VOTED TO CONTINUE PAST 11:00PM.

6.5 Update on the Equity and Inclusion Subcommittee.

Recommendation:

Staff recommended the City Council accept an update and provide direction on the work of the Equity and Inclusion Subcommittee.

Deputy City Manager Christine Martin presented the staff report.

Mayor Woerner invited public comment.

Jackie Cota urged the City Council to disband the subcommittee stating they were not qualified to provide input on policing tactics.

Hayden Sidun asked when meetings for the subcommittee will resume.

Betty Jean asked what is happening to the applications submitted after the December meeting and if they would be included in the January meeting.

In response to questions from Mrs. Jean, Mrs. Martin stated that after the City Council provides feedback they will reach out to applicants.

Mayor Woerner requested that staff return with a structure and framework for the Equity and Inclusion subcommittee's next steps at the January 25th City Council Meeting.

Mayor Woerner requested that the Communications subcommittee by March 25, 2021.

Mayor Woerner requested that the Equity and Inclusion subcommittee work with the Deputy City Manager to establish Equity and Inclusion lessons learned when communicating with the community by January 25, 2021.

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

THE CITY COUNCIL RECEIVED THE UPDATE AND DIRECTED STAFF TO RETURN WITH AN EQUITY AND INCLUSION FRAMEWORK AND LESSONS LEARNED BY JANUARY 25TH

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

7.01 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members.

Solar Letter CM Kiick requested the previous letter be resent to Alameda County with new Council Members signatures added.

Corridor Evaluation CM Kiick requested the corridor where the biker lost their life be evaluated and a memo be provided to City Council.

Stopwaste.org CM Carling noted his attendance at the meeting on December 16th.

Sub-Committee on Advisory Bodies CM Carling and VM Munro noted their attendance conducting interviews on December 29th.

Police Officer's Association Mayor Woerner and VM Munro noted their meeting with the POA.

East Bay Community Energy VM Munro noted her attendance at the December 16th meeting.

Downtown Projects Mayor Woerner requested that a status page be added to the website providing a schedule, upcoming decisions, funding application timelines, and facts related to upcoming projects.

8.

ADJOURNMENT - at 11:52 pm in honor of former Livermore Police Chief Ron Scott to a special City Council meeting on January 19, 2021 and to a regular City Council meeting on January 25, 2021 at 7:00 pm, held virtually via Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK