CITY COUNCIL

MARCH 22, 2021

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CLOSED SESSION

Pursuant to Governor Newsom's Executive Order N-29-20, members of the City Council and staff participated in this meeting via teleconference. In the interest of maintaining appropriate social distancing, members of the public also participated in this meeting electronically.

CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor Bob Woerner at 6:00 pm, held via teleconference using Zoom and YouTube.

ROLL CALL - Present: Mayor Bob Woerner, Vice Mayor Trish Munro, and Council Members Regina Bonanno, Robert W. Carling and Brittni Kiick.

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.

ADJOURN TO CLOSED SESSION

1. Conference with Labor Negotiator. To meet with Douglas Alessio, Administrative Services Director, the City's negotiator pursuant to Government Code section 54957.6, regarding negotiations with the Police Officers Association.

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)

D.L. Falk Construction Inc. v. City of Livermore, Alameda County Superior Court Case No. RG20079788

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REGULAR MEETING

1.

1. CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor Bob Woerner at 7:00pm, held via teleconference using Zoom and YouTube.

ROLL CALL - Present: Mayor Bob Woerner, Vice Mayor Trish Munro and Council Members Regina Bonanno, Robert W. Carling, and Brittni Kiick.

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala said there was no reportable action.

2.

2. PROCLAMATIONS AND PRESENTATIONS

2.1 Livermore Housing Authority Annual update.

D'Jon Scott-Miller, Housing Authority Executive Director, presented the annual update.

3.

3. CITIZENS FORUM

Michelle K. spoke regarding large planes being disruptive to local schools and sports. She urged the City Council not to bring large planes to the Livermore airport.

Felicia Ziomek expressed concerns about noise and quality of life if large plans are brought to Livermore.

Jackie Cota spoke in support of a Kaiser Air expansion and stated that homes sold close to the airport include a disclosure that an airport expansion will occur in the future.

Will Bolton requested City Council send a letter in support of SB 799 by April 2nd as the Bill will benefit Tesla Park.

Vishal spoke in opposition of an airport expansion and expressed concern regarding quality-of-life issues. He also asked who is accountable for noise abatement measures.

Gabrielle spoke against a Kaiser Air expansion and expressed concerns regarding air quality and noise.

Kerry Brian stated that she has experienced a significant noise increase from airplanes of the last 2-3 years and urged the City Council not to approve an expansion of the airport.

4.

4. CONSENT CALENDAR

Mayor Woerner opened the public comment period.

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

Items 4.1 was removed from the Consent Calendar for separate action.

ON THE MOTION OF CM BONANNO SECONDED BY VM MUNRO, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 4.1.

ON THE MOTION OF CM CARLING, SECONDED BY VM MUNRO, AND CARRIED ON A 3-0 VOTE, WITH CM BONANNO AND CM KIICK ABSTAINING, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 4.1.

4.1 Approval of draft minutes - October 26, 2020 City Council Regular Meeting.

Recommendation: Staff recommended City Council approve the draft minutes.

4.2 Approval of draft minutes - March 1, 2021 City Council Special Meeting, March 15, 2021 City Council Special Meeting, and March 8, 2021 City Council Regular Meeting Minutes.

Recommendation: Staff recommended City Council approve the minutes.

4.3 Resolution 2021-027 amending the Community Asset Management Program Committee (CAMP) Rules of Procedure.

Recommendation: Staff recommended City Council adopt a resolution amending the Community Asset Management Program Committee's Rules of Procedure to extend the term length through December 2022.

4.4 Resolution 2021-028 authorizing the acceptance for permanent maintenance and release of security for Iron Horse Trail - Isabel Avenue to Murrieta Boulevard, Project No. 2017-24.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the Iron Horse Trail - Isabel Avenue to Murrieta Boulevard Project.

4.5 Resolution 2021-029 accepting for permanent maintenance and release of letters of credit provided for security of public improvements for Tract 7857- Mancini Properties.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Accepting Tract 7857 public improvements for permanent maintenance;

2. Accepting on behalf of the public all real property offered for dedication within Tract 7857, including Public Utility Easement (PUE), and Emergency Vehicle Access Easement (EVAE); and

3. Authorizing release of letters of credit that were provided as security for construction of the public improvements.

4.6 Resolution 2021-030 authorizing execution of an agreement with Berry Dunn for Enterprise Resource Planning (ERP) software system consulting services in an amount not to exceed $129,900.

Recommendation: Staff recommended that City Council authorize the City Manager to execute a two-year agreement with Berry Dunn for the ERP system needs assessment and software vendors selection consulting services in an amount not to exceed $129,900.

4.7 Resolution 2021-031 authorizing the City Manager to execute the First Amendment Exclusive Negotiating Rights Agreement between the City of Livermore and Montecito Development Company, LLC dba Livermore Petroleum, LLC, to develop the City's 1.2-acre parcel at Kitty Hawk Road and Airway Blvd just south of I-580.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to execute First Amendment Exclusive Negotiating Rights Agreement between the City of Livermore and Montecito Development Company, LLC, to develop the City's 1.2-acre parcel at Kitty Hawk Road and Airway Blvd just south of I-580.

4.8 Resolution 2021-032 approving the First Amendment of Lease for the Robert Livermore Community Center, with the Livermore Area Recreation and Park District (LARPD) and SSI DevCo, LLC, approving a Consent and Non-Disturbance Agreement for a 400kW DC solar energy system at the Robert Livermore Community Center, consenting to the First Amendment to the Sublease, authorizing LARPD to record a Memorandum of Sublease, and authorizing the City Manager to execute further documents.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Approving the First Amendment to Lease with the Livermore Area Recreation and Park District for the Robert Livermore Community Center, and authorizing the City Manager to execute the amendment;

2. Approving the Consent and Non-Disturbance Agreement with SSI DevCo, LLC and the Livermore Area Recreation and Park District, and authorizing the City Manager to execute the agreement;

3. Consenting to the First Amendment to the Sublease between LARPD and SSI DevCO, LLC;

4. Allowing LARPD to record a Memorandum of Sublease that accurately reflects the terms of the sublease with SSI Development Co.; and

5. Authorizing the City Manager to consent to and sign any further documents needed to effectuate the purpose of the Consent and Non-Disturbance Agreement.

4.9 Resolution 2021-033 authorizing the City Manager to enter into a Memorandum of Understanding with the cities of Dublin and Pleasanton to provide funding for the Axis Community Health Mental Health Urgent Care pilot project and appropriate $107,165 from the General Fund to implement the project.

Recommendation: Staff recommended City Council:

1. Approve the participation in a Memorandum of Understanding with the cities of Pleasanton and Dublin.

2. Appropriate $107,165 from the General Fund to implement the Axis Community Health Mental Health Urgent Care pilot project.

3. Authorize the City Manager to negotiate and execute related documents, memorandum

of understanding, agreements, and modifications with the cities of Dublin, Pleasanton, and Axis Community Health.

4.10 Resolution 2021-034 authorizing execution of a purchase order with Bonnell Industries, Inc. for a vacuum leaf collection trailer in an amount not-to-exceed $110,260.

Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of a purchase order with Bonnell Industries, Inc. for a replacement vacuum leaf collection trailer in the amount of $101,480 and self-accrue the use tax of $8,780 in an amount not-to-exceed

$110,260.

4.11 Resolution 2021-035 declaring non-complying parcels a public nuisance requiring abatement, directing staff to proceed with the annual Fire Hazard Abatement Program, and set a public hearing date of April 26, 2021 to receive protests and direct staff to proceed with field abatement work.

Recommendation: Staff recommended that the City Council adopt a resolution declaring non-complying parcels a public nuisance requiring abatement, direct staff to proceed with the annual Fire Hazard Abatement Program, and set a public hearing date of April 26, 2021 to receive protests and direct staff to proceed with field abatement work.

4.12 Resolution 2021-036 approving the City of Livermore Salary Plan as of March 29, 2021.

Recommendation: Staff recommended City Council adopt a resolution approving the City of Livermore Salary Plan as of March 29, 2021 in accordance with the California Code of Regulations, Title 2, Section 570.5.

4.13 Resolution 2021-037 of Continued Local Emergency.

Recommendation: Staff recommended the City Council adopt a resolution of Continued Local Emergency.

4.14 Resolution 2021-038 ratifying amended Order 20-2.4 of the Director of Emergency Services for the City of Livermore to continue the temporary moratorium on the imposition of the City of Livermore's fines, penalties and interest imposed for failure to timely pay the City's Transient Occupancy Tax, Business License Tax, or to pay invoices from the City for water or sewer utility services, as a result of a loss of income related to COVID-19.

Recommendation: Staff recommended City Council adopt a resolution ratifying Amended Order 20-2.4 of the Director of Emergency Services for the City of Livermore to extend the temporary moratorium on the imposition of the City of Livermore's fines, penalties and interest imposed for failure to timely pay the City's Transient Occupancy Tax, Business License Tax, or to pay invoices from the City for water or sewer utility services, as a result of a loss of income related to COVID-19 until June 30, 2021.

4.15 Resolution 2021-039 ratifying Order 20-3.5 of the Director of Emergency Services for the City of Livermore Regarding Temporary Moratorium on Commercial Evictions Resulting From Loss of Income Related to COVID-19.

Recommendation: Adopted the resolution ratifying Order 20-3.5 of the Director of Emergency Services for the City of Livermore regarding the temporary moratorium on commercial evictions resulting from the loss of income related to COVID-19.

4.16 Resolution 2021-040 delegating authority to the Director of Emergency Services to allocate remaining funds within the previously approved categories of $2,000,000 in COVID-19 Small Business Financial Assistance Funds to best meet the changing needs of the Citywide Small Business Assistance Grant Program, Commercial Rent Abatement Matching Grant Program, Residential Rent Assistance Program, and Gift Livermore.

Recommendation: Adopted the Resolution Delegating Authority to the Director of Emergency Services to Allocate Remaining Funds Within the Previously Approved Categories of $2,000,000 in COVID-19 Small Business Financial Assistance Funds to Best Meet the Changing Needs of the Citywide Small Business Assistance Grant Program, Commercial Rent Abatement Matching Grant Program, Residential Rent Assistance Program, and Gift Livermore.

5.

5. PUBLIC HEARINGS

5.1 Hearing to consider the Annual Progress Report, which tracks the City's progress towards implementing the Housing Element of the General Plan and meeting its Regional Housing Need Allocation (RHNA), pursuant to Government Code Section 65400 and approval of the City's Surplus Property Central Inventory.

Recommendation: Staff recommended the City Council adopt a resolutions accepting the 2020 Housing Element Annual Progress Report and approving the Surplus Property Central Inventory.

Associate Planer Tricia Pontau presented the staff report.

Mayor Woerner directed staff to make planning development information available on the website.

In response to questions from CM Kiick, Mrs. Pontau confirmed that the number of building permits issued is not the number of units planned. She stated that the "RHNA #" column of the report shows the number of units the City is supposed to build.

CM Bonanno and VM Munro explained that getting affordable housing built is very difficult and that getting it built is a huge accomplishment.

Mayor Woerner opened the public hearing.

Jackie Cota stated that the planning development information presented is not located on the website and asked where she could find the information. She also requested the information be added to the website if it isn't currently available.

There were no more speakers and the hearing was closed.

In response to questions from Mayor Woerner related to Mrs. Cota's comment, Community Development Director stated that the best place to find information is in the Annual Progress Report presented in the agenda packet.

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

Resolution 2021-041 accepting the 2020 Housing Element Annual Progress Report.

Resolution 2021-042 approving the City's Surplus Property Central inventory.

6.

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 44 unsheltered residents had been vaccinated and that the unsheltered population was being prioritized for one dose vaccinations. He also clarified that people being sheltered at area hotels were being vaccinated separately.

In response to questions from CM Kiick, Mr. Roberts stated that 22,203 residents had received their first dose of the vaccine and 12,268 had received their second.

Mayor Woerner opened the public comment.

Jackie Cota stated that the COVID-19 vaccine is an experimental drug that doesn't protect everyone or create herd immunity. She cautioned people when using it.

There were no more speakers and public comment was closed.

THE CITY COUNCIL RECEIVED THE PRESENTATION.

6.2 Resolution approving the Commission for the Arts recommendation and authorizing the City Manager to execute an agreement with Barbara Goldstein dba Arts Build Community for the Creation of the 2021-2031 Livermore Cultural Arts Vision in an amount not-to-exceed

$125,000.

Recommendation: Staff recommended the City Council adopt a resolution approving the Commission for the Arts' recommendation and authorizing the City Manager to execute an agreement for the creation of the 2021-2031 Livermore Cultural Arts Vision with Barbara Goldstein in an amount not-to- exceed $125,000.

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

In response to questions from CM Kiick, Barbara Goldstein stated that she would create a strategy to grow and strengthen arts in the community. Mr. Van de Water stated that the item could return to City Council for updates as frequently as needed.

In response to questions from VM Munro, Mrs. Goldstein stated that in order to gather information to move forward she would evaluate the current process, identify stakeholders, hold pop-up events and interactive maps to engage residents, distribute surveys, and identify locations where events should take place.

Mayor Woerner invited public comment.

There were no speakers and the hearing was closed.

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

Resolution 2021-043 approving the Commission for the Arts recommendation and authorizing the City Manager to execute a Professional Services agreement with Barbara Goldstein dba Art Builds Community in an amount not to exceed $125,000 for the Creation of the 2021-2031 Livermore Cultural Arts vision

6.3 Discussion and direction regarding a resolution requesting that the Alameda County Board of Supervisors allocate resources to ensure an equitable, inclusive, and transparent redistricting process.

Recommendation: Staff recommended the City Council discuss and provide direction regarding a proposed resolution requesting that the Alameda County Board of Supervisors allocate resources to ensure an equitable, inclusive, and transparent redistricting process.

Deputy City Manager Christine Martin presented the staff report.

VM Munro stated that due to the large size of the County and varying population, having input from all areas would be very important.

CM Bonanno spoke in support of the resolution but requested that the comment "in the past there have been few requirements" be removed from the first paragraph of the resolution.

Mayor Woerner invited public comment.

Jackie Cota inquired about what community members the City Council considers marginalized as referenced in the resolution.

There were no more speakers and the hearing was closed.

VM Munro clarified that what is being asked for in the Resolution is a fair and transparent process that has included all residents from all regions of the County.

ON THE MOTION OF CM BONANNO, SECONDED BY VM MUNRO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION WITH THE LANGUAGE IN THE FIRST PARAGRAPH RELATED TO FEW REQUIREMENTS EXISTING IN PAST YEARS, STRIKEN FROM THE RESOLUTION:

Resolution 2021-044 requesting the Alameda County Board of Supervisors allocate resources to ensure an equitable, inclusive, and transparent redistricting process.

6.4 2020 National Community SurveyT (NCS) Results.

Recommendation: The report was for information only. No action was required.

Deputy City Manager Christine Martin presented the staff report.

VM Munro stated that receiving such high ratings speaks to the work being done in the City. She also stated that a future focus on climate change will be needed.

CM Bonanno expressed a desire to evaluate this feedback against other cities. She also wanted to compare against prior city scores to see if scores have dropped in any areas.

Mayor Woerner requested staff put together a YouTube video showing residents how to navigate the results.

Mayor Woerner invited public comment.

There were no speakers and the public comment was closed.

THE CITY COUNCIL RECEIVED THE REPORT.

7.

7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED

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

*Council Member's committee reports are included in the supplemental packet to the agenda.

Valley Link Rail CM Kiick noted her attendance at the board meeting on March 10th.

East Bay Community Energy CM Kiick noted her attendance at the board retreat meeting on March 12th and the board meeting on March 17,2021.

Equity and Inclusion Meetings VM Munro and CM Carling reported their attendance at the meeting on March 9th, 11th, and 18th, 2021.

iGate CM Carling noted his attendance at the board meeting.

Tesla Park In response to the public comment submitted by Will, CM Carling requested a letter be sent in support of SB799

Livermore Downtown, Inc. CM Bonanno noted her attendance at the meeting of March 16, 2021.

Innovation Tri-Valley VM Munro noted her attendance at the Housing, Infrastructure, & Transportation subcommittee meeting on March 11, 2021.

Post-COVID Planning Mayor Woerner requested staff develop and publicize a point of contact at the City that local businesses can reach out to and provide input related to downtown planning as COVID restrictions are lifted.

Iron Horse Train Right-of-Way CM Kiick requested that staff return at the budget workshop with details regarding the process for getting the rights-of-way for pieces of Iron Horse Trail.

8.

8. ADJOURNMENT - at 10:05 pm to a special City Council meeting on March 29, 2021 and to a regular City Council meeting on April 12, 2021 at 7:00 pm, held virtually via Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK