Livermore City Council 7/26/2021

1. CALL TO ORDER / PLEDGE OF ALLEGIANCE

2. PROCLAMATIONS AND PRESENTATIONS

3. CITIZENS FORUM

4. CONSENT CALENDAR

5. PUBLIC HEARINGS

6. MATTERS FOR CONSIDERATION

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

8. ADJOURNMENT


CITY COUNCIL


July 26, 2021

________________________________________________________________

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.

CALLED TO ORDER - The Closed Session of the City Council was called to order by Mayor Bob Woerner at 5:30 p.m., held via teleconference using Zoom and YouTube.

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

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 comment period was closed.

ADJOURNED TO CLOSED SESSION

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)

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

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. (Two cases)

D.L. Falk Construction Inc. v. City of Livermore, Alameda County Superior Court Case No. RG20079788 City of Livermore v. De Sousa et al., Alameda County Superior Court Case No. RG19033547.

3. 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 Association for Livermore Employees.

4. 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 Livermore-Pleasanton Firefighters (IAFF).

REGULAR MEETING

1.

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

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

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 Update from Tracy Farhad, President and CEO of Visit Tri-Valley on the Local Recovery Campaign "To Livermore With Love

President and CEO of Visit Tri-Valley, Tracy Farhad, presented this item.

3.

3. CITIZENS FORUM

Mayor Woerner opened the public comment.

The following residents provided public comment: Livermore Board of Trustees Chair Arthur Pontau, Donna Cabanne, Carrie Oldes, and Jackie Cota.

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

4.

4. CONSENT CALENDAR

Mayor Woerner invited public comment for the items on the Consent Calendar.

The following residents provided public comment: Donna Cabanne and Jackie Cota.

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

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

4.1 Approval of draft minutes - June 28, 2021 City Council Regular Meeting.

Recommendation: Staff recommends that City Council approve the draft minutes.

4.2 Adoption of Ordinance 2126 to levy special taxes within Community Facilities District 2021-1 (including any territory that annexes into the district from the Future Annexation Area)

Recommendation: Staff recommends the City Council adopt an ordinance to levy special taxes within Community Facilities District 2021-1 (including any territory that annexes into the district from the Future Annexation Area).

4.3 Resolution 2021-133 authorizing acceptance for permanent maintenance and release of security for the Downtown Street Lighting Enhancement Project, Project No. 2018-41

Recommendation: Staff recommends the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the Downtown Street Lighting Enhancement Project, Project No. 2018-41.

4.4 Resolution 2021-134 authorizing execution of an agreement with Megan Verner-Crist to provide services to implement the City's Stormwater Transition Plan, provide ongoing Stream Maintenance Program support, and assist with Stormwater and Stream Maintenance Capital Improvement Project in an amount not-to-exceed $115,000.

Recommendation: Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a professional services agreement with Megan Verner-Crist to provide services to implement the City's Stormwater Transition Plan, provide ongoing Stream Maintenance Program support, and assist with Stormwater and Stream Maintenance Capital Improvement Projects in an amount not-to-exceed $115,000.

4.5 Resolution 2021-135 authorizing the City Manager to execute an agreement with Street Plans for the East Avenue Corridor Study Phase II project, in an amount not-to-exceed $195,000.

Recommendation: Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an agreement with Street Plans for the East Avenue Corridor Study Phase II project, in an amount not-to-exceed $195,000.

4.6 Resolution 2021-136 authorizing execution of an agreement with Tracy Business Services, Inc. DBA Express Employment Professionals in and amount not-to-exceed $195,000.

Recommendation: Staff recommends the City Council adopt a resolution awarding and authorizing execution of an agreement with Tracy Business Service, Inc. DBA Express Employment Professionals (Express) in an amount not-to-exceed $195,000 for the term of August 1, 2021 to June 30, 2022.

4.7 Resolution 2021-137 authorizing the execution of an agreement with Complete Paperless Solutions, LLC for the implementation of a cloud-based Laserfiche electronic content management system and migration of current records in an amount not-to-exceed $273,584.

Recommendation: Staff recommends the City Council adopt a resolution authorizing the execution of an agreement with Complete Paperless Solutions for the implementation of a cloud-based Laserfiche electronic content management system and migration of current records in an amount not-to-exceed $273,584.

4.8 Revisions to City Council Meeting Rules of Procedure, and introduction of an Ordinance amending the Municipal Code to require Advisory Bodies to follow the City Council Meeting Rules of Procedure and Rosenberg's Rules of Order.

Recommendation: Staff recommends the City Council take the following actions:

1. Adopt Resolution 2021-138 revising the following rules and procedures:

a. City Council Meeting Rules of Procedure,

b. Procedures for Teleconferenced Meetings, and

c. Preferred Method of Recording City Council Meetings;

2. Adopt Resolution 2021-139 temporarily suspending and revising portions of the City Council Meeting Rules of Procedure to expire on September 30, 2021, concurrent with the Governor's Executive Orders suspending portions of the Brown Act in response to the COVID-19 state of emergency; and,

3. Introduce an ordinance amending Livermore Municipal Code Chapter 2.40 to require the City's advisory bodies to follow the City Council Meeting Rules of Procedure and Rosenberg's Rules of Order when conducting their meetings and maintaining their meeting rules.

4.9 Resolution 2021-140 of Continued Local Emergency.

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

4.10 Resolution 2021-141 adopting criteria for murals included in the 2021 Mural Festival and delegating authority to the Commission for the Arts for the final approval of all 2021 Mural Festival murals and muralists subject to these criteria.

Recommendation: Staff recommends City Council approve a resolution adopting criteria for murals included in the 2021 Mural Festival and delegating authority to the Commission for the Arts for the final approval of all 2021 Mural Festival murals and muralists subject to these criteria.

4.11 Resolution 2021-142 authorizing the submission of an application to the State of California Housing and Community Development Department's Local Housing Trust Fund (LHTF) Program in an amount not-to-exceed $5,000,000, execution of an agreement with the State of California, and certification for expenditure of funds.

Recommendation: Staff recommends the City Council adopt a resolution:

1. Authorizing the submission of an application to the State of California Housing and Community Development Department under the Local Housing Trust Fund ("LHTF") Program, in an amount not-to-exceed $5,000,000; and

2. Authorizing the City of Livermore, and its Affordable Housing Trust Fund, to act as the manager or trustee (as applicable) in connection with the Department's funds to Eligible Projects pursuant to the LHTF Notice of Funding Availability in an amount not to exceed $5,000,000 (the "LHTF Award"); and

3. Certifying that the City will use awarded LHTF funds pursuant to the applicable rules and regulations; and

4. Authorizing the City to match, on a dollar-for-dollar basis, the LHTF Award pursuant to Guidelines Section 104 for the same Eligible Project for which Program Funds are used, as required by HSC Section 50843.5(c), and as described in Exhibit A of the attached Resolution; and

5. Authorizing the City Manager, or his designee, to approve and execute on behalf of the City, the LHTF Program Application, to enter into the LHTF Standard Agreement with the State of California for the award, receive LHTF funds, and to enter into any subsequent amendments or modifications thereto as well as any other documents which are related to the Program or the LHTF Award to the City of Livermore.

4.12 Resolution 2021-143 adopting the City of Livermore Salary Plan as of August 2, 2021.

Recommendation: Staff recommends that the City Council adopt a resolution approving a new salary plan as of August 2, 2021 in accordance with California code of regulations, Title 2, Section 570.5.

5.

5. PUBLIC HEARINGS

5.1 Public hearing and ballot for the Assessment District 2021-1 Trevarno Road Sewer and Water Improvements and, as applicable; (i) a resolution adopting engineer's report and confirming assessments, ordering the work and acquisitions, and directing actions with respect thereto; or (ii) a resolution abandoning special assessment proceedings, and directing actions with respect thereto.

Recommendation: Staff recommends the City Council, pursuant to the Municipal Improvement Act of 1913 and the Proposition 218 Omnibus Implementation Act, take the following actions:

1. Conduct a public hearing and consider written and oral protests, tabulate the ballots, and announce the results related to a proposed assessment district for the Trevarno Road Sewer and Water Improvements, CIP Project No. 2019-60.

2. If there is no majority protest by landowners to the proposed assessment district, adopt a resolution adopting engineer's report, confirming the assessment, ordering the work and acquisitions.

3. If there is a majority protest by landowners to the proposed assessment district, adopt a resolution abandoning the special assessment proceedings.

Acting Assistant City Engineer Mallika Ramachandran presented the staff report.

Mayor Woerner opened the public hearing at 7:33 p.m. and invited public comments. The following resident provided public comment: Robert Clinnick. Hearing no other comments, Mayor Woerner closed the public hearing.

Mayor Woerner recessed the meeting at 7:42 p.m. for the final collection of ballots. Mayor Woerner reconvened the meeting at 7:55 p.m. and called for the opening and tabulation of received ballots.

Assistant City Clerk Clay James opened and tabulated the ballots resulting in a no majority protest by landowners to the proposed assessment district.

ON MOTION OF VM MUNRO, SECONDED BY CM KIICK AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED RESOLUTION 2021-144 ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT, ORDERING THE WORK AND ACQUISITIONS, AND DIRECTING ACTIONS WITH RESPECT THERETO (ASSESSMENT DISTRICT 2021-1 - TREVARNO ROAD SEWER AND WATER IMPROVEMENTS).

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 will be given at the meeting.

Director of Emergency Services Marc Roberts presented the staff report.

Mayor Woerner invited public comment. The following resident provided public comment: Jackie Cota.

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

THE CITY COUNCIL RECEIVED THE PRESENTATION.

6.2 Resolution 2021-145 approving a sewer revenue bond refinancing by the Livermore-Amador Valley Water Management Agency, authorizing execution of Second Amended and Restated Sewer Service Contract, and authorizing related documents and actions.

Recommendation: Staff recommends the City Council adopt a resolution:

1. Approving the issuance by the Livermore-Amador Valley Water Management Agency of refunding revenue bonds;

2. Authorizing the form of and authorize an authorized officer to execute the Second Amended and Restated Sewer Service Contract among the Livermore-Amador Valley Water Management Agency, the City of Livermore, the City of Pleasanton, and the Dublin San Ramon Services District;

3. Approving that portion of the Official Statement for the proposed refunding revenue bonds that specifically pertains to the City of Livermore and its finances;

4. Approving the form of and authorize an authorized officer to execute the Continuing Disclosure Certificate; and

5. Authorizing and directing the Mayor, the Vice Mayor, the City Manager, the Administrative Services Director, the City Clerk and any and all other officers of the City to take any and all actions to consummate any of the transactions contemplated by the documents approved pursuant to the resolution.

Administrative Services Director Doug Alessio presented the staff report.

Mayor Woerner invited public comment. There were no speakers, and the comment period was closed.

ON MOTION OF CM CARLING, SECONDED BY VM MUNRO AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED RESOLUTION 2021-145 APPROVING A SEWER REVENUE BOND REFINANCING BY THE LIVERMORE-AMADOR VALLEY WATER MANAGEMENT AGENCY, AUTHORIZING EXECUTION OF SECOND AMENDED AND RESTATED SEWER SERVICE CONTRACT, AND AUTHORIZING RELATED DOCUMENTS AND ACTIONS.

6.3 Final report from the Equity and Inclusion Subcommittee.

Recommendation: Staff recommends the City Council receive the final report on the work of the Equity and Inclusion Subcommittee and adopt the Subcommittee's recommendations.

Deputy City Manager Christine Martin presented the staff report.

Mayor Woerner invited public comment.

The following residents provided comment: Tim Kingsbury, Lisa Tromovitch, Misty Rose, and Jackie Cota.

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

ON MOTION OF M WOERNER, SECONDED BY CM KIICK AND CARRIED BY A 4-0 VOTE, THE CITY COUNCIL ACCEPTED THE SUBCOMMITTEE'S RECOMMENDATIONS AND DIRECTED STAFF TO PROCEED WITH SAID RECOMMENDATIONS.

6.4 Resolution 2021-146 adopting the General Plan Advisory Committee Rules of Procedure, and approving the application and committee member appointment process.

Recommendation: Staff recommends the City Council adopt a resolution:

1. Adopting Rules of Procedure for the General Plan Advisory Committee; and

2. Approving the application and appointment process for the Committee.

Senior Planner Andy Ross presented the staff report.

Mayor Woerner invited public comment. There were no speakers, and the comment period was closed.

M WOERNER AND VM MUNRO WERE SELECTED TO DETERMINE THE SELECTION PROCESS OF THE GENERAL PLAN ADVISORY COMMITTEE MEMBERSHIP.

ON MOTION OF CM KIICK, SECONDED BY VM MUNRO AND CARRIED BY A 4-0 VOTE, THE CITY COUNCIL APPROVED RESOLUTION 2021-146 ADOPTING THE GENERAL PLAN ADVISORY COMMITTEE RULES OF PROCEDURE, AND REQUESTED COUNCIL MEMBER CARLING TO APPROVE THE GENERAL PLAN ADVISORY COMMITTEE APPLICATION BEFORE PUBLICATION AND STAFF TO END THE RECRUITMENT AFTER LABOR DAY.

7.

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

CITY COUNCIL MEMBERS PROVIDED REPORTS ON MEETING ATTENDANCE THAT WERE INCLUDED IN THE SUPPLEMENTAL PACKET.

CITY COUNCIL DIRECTED STAFF TO PLACE AN ITEM ON A FUTURE AGENDA CONCERNING ELECTION EQUITY.

8.

8. ADJOURNMENT - at 9:51 p.m. to a regular City Council meeting on September 13, 2021 at 7:00 p.m., held virtually using Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK