Livermore City Council 5/9/2022

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

4. CITIZENS FORUM

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

MAY 9, 2022

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1. CLOSED SESSION - None.

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 in-person at 1016 S Livermore Ave and remotely using Zoom and YouTube.

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

Absent: Mayor Woerner and Council Member Brittni Kiick

PLEDGE OF ALLEGIANCE

3.

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation presented to Assistant Public Works Director Jeff Shafer declaring May 15-21, 2022 as Public Works Week.

Recommendation: Staff recommended City Council proclaim May 15-21, 2022 as Public Works Week

VICE MAYOR BONANNO AND CM MUNRO PRESENTED THE PROCLAMATION TO THE ASSISTANT PUBLIC WORKS DIRECTOR JEFF SHAFER.

3.2 Proclamation declaring May as Jewish American Heritage Month presented to Rabbi Milder of Congregation Beth Emek.

Recommendation:

Staff recommends the City Council declare May as Jewish American Heritage Month.

VICE MAYOR BONANNO AND CM MUNRO PRESENTED THE PROCLAMATION TO RABBI MILDER OF CONGREGATION BETH EMEK.

4.

4. CITIZENS FORUM

Vice Mayor Bonanno opened the public comment period.

Gabe Hulbert provided comments.

Haydin Sidun provided a comment.

Isaac Mendel provided a comment.

Pedro Rodriguez provided a comment.

Anthony Owens provided a comment.

Frank Nasca provided a comment.

Justin Monge provided a comment.

Joseph McThorn provided a comment.

John Witheri provided a comment.

Jonathan Heller provided a comment.

Chris Jesberg provided a comment.

Scott Leathers provided a comment.

Pete Patterson provided a comment.

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

5.

5. CONSENT CALENDAR

Vice Mayor Bonanno opened the public comment period.

Item 5.7 Dorothee Catipon, Caydence Johnson, Caylie Natsch, Calvin Shawler, and Naomi Zika provided a presentation.

Item 5.5 Laning Thompson provided a comment.

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

ON THE MOTION OF CM MUNRO, SECONDED BY CM CARLING, AND CARRIED ON A 3-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

5.1 Approval of draft minutes - April 11, 2022 Regular Meeting and the April 22, 2022 Special Meeting.

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

5.2 Adoption of Ordinance 2136 amending Livermore Municipal Code (LMC) Chapter 8.14 Public Nuisances to add Safe Storage of Firearm provisions to effectively regulate the safe storage of a firearm in a residence.

Recommendation: Staff recommended the City Council adopt an ordinance amending Livermore Municipal Code (LMC) Chapter 8.14 Public Nuisances and adding "Unsafe Storage of Firearms" provisions to Chapter 8.14 to effectively regulate the safe storage of a firearm in a residence.

5.3 Resolution 2022-067 authorizing execution of the first amendment to the agreement with Terracare Associates for citywide landscape maintenance services to increase the total compensation by $885,000 to an amount not-to-exceed $3,900,000.

Recommendation: Staff recommended City Council adopt a resolution authorizing the City Manager to execute an amendment to the City's current agreement with Terracare Associates to increase the total compensation to an amount not-to-exceed $3,900,000.

5.4 Resolution 2022-068 authorizing execution of a second amendment to the agreement with West Coast Arborists, Inc., for tree and shrub pruning and maintenance services, extending the term of the agreement for an additional two-year period and increasing the total compensation amount by $323,000 for a total amount not-to-exceed $788,000.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the execution of a second amendment to the agreement with West Coast Arborists, Inc. to extend the term of the agreement for an additional two-year period and increase the total compensation amount by

$323,000 for a total amount not-to-exceed $788,000.
5.5 Resolution 2022-069 to approve the commitment of up to $2,234,749 of the City of Livermore's Base City Allocation of Alameda County Measure A1 Countywide Housing Bond to finance the development of the Pacific Avenue Senior Housing project.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Approving the commitment of up to $2,234,749 of Alameda County Measure A1 Housing Bond Livermore Base City Allocation funds to Satellite Affordable Housing Associates for the Pacific Avenue Senior Apartments project; and

2. Authorizing the City Manager, or his designee, to take such actions and execute all documents necessary to facilitate the Alameda County Measure A1 Housing Bond Base City Allocation commitment of funds for the Pacific Avenue Senior Apartments project.

5.6 Resolution 2022-70 finding that the Altamont Landfill Open Space Committee's recommendation to expend up to $160,103 for a Phase II Study to identify wildlife connectivity along I580/Altamont corridor is consistent with the Altamont Landfill Settlement Agreement, authorizing execution of an agreement with Altamont County Resource Conservation District (ACRCD) to conduct the Phase II study in an amount not-to-exceed $160,103 and accepting the Committee's approved list of priority areas.

Recommendation:

Staff recommended the City Council adopt a resolution to:

1. Find the Altamont Landfill Open Space Committee's recommendation to expend up to $160,103 of Altamont Open Space Funds to the Alameda County Resource Conservation District (ACRCD) and University of California, Davis to conduct a Phase II study to identify and evaluate wildlife connectivity along the I-580/Altamont corridor is consistent with the Altamont Landfill Settlement Agreement.

2. Authorize the City Manager, or designee, to execute an agreement with ACRCD to conduct the Phase II study in an amount not-to-exceed $160,103.

3. Accept the Committee's recommendation to confirm the Eastern Alameda County Open Space Priority List, and that the List will be further refined by the Committee using the new U.C. Berkeley mapping tool and the Phase I and II I-580/Altamont wildlife connectivity study results to guide funding of future open space acquisition applications.

5.7 Resolution 2022-071 authorizing the execution of Project and Program Grant Agreements 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. Cheza Nami Foundation, Inc.- $10,000 for the 10th annual Taste of Africa Festival

2. Las Positas College Foundation- $4,000 for the 2022 Las Positas College Literary Festival ("LPC Lit Fest")

3. Livermore Art Association- $4,000 for the 2022 Livermore Art Association Spring Art Show

4. Livermore Valley Joint Unified School District- $6,650 for an original cast album recording of the theater production titled "[INSERT future HERE]"

5. Livermore Valley Opera- $8,000 for the Education and Community Outreach Programs

6. Livermore Valley Performing Arts Center- $1,250 for performances at Artwalk 2022

5.8 Approval of "Dream Big" Mural at 150-170 North L Street.

Recommendation:

The Commission for the Arts and staff recommended the City Council approve the "Dream Big" Mural.

5.9 Resolution 2022-072 approving a Tourism and Special Event Grant application and authorizing execution of an agreement with Shakespeare's Associates, Inc. dba Shakespeare & Performing Arts Regional Company (SPARC) in the amount of $2,000.

Recommendation:

Staff recommended the City Council authorize the execution of an agreement with Shakespeare's Associates, Inc. dba Shakespeare & Performing Arts Regional Company (SPARC) for their event Shakespeare in the Vineyards, in the amount not-to-exceed $2,000.

6.

6. PUBLIC HEARINGS

6.1 Hearing to consider a request for Site Plan Design Review and Vesting Tentative Tract Map to develop the northwest corner of North Canyons Parkway and Triad Place. The development consists of three-story condominium buildings with 112 total units, including 22 units affordable to median and moderate-income levels, and 12 accessible units. The applicant has submitted for a density bonus under Government Code section 65915.

Recommendation:

The Planning Commission and staff recommended the City Council:

1. Adopt a Resolution finding that the project is exempt from CEQA under CEQA Guidelines Sections 15182 (c) and 15183; and

2. Adopt a Resolution approving Site Plan Design Review (SPDR) 21-003 and Vesting Tentative Tract Map (VTTM) 8609 - Subdivision (SUB) 21-005, together with the requested Density Bonus incentive/concession, subject to the attached Conditions of Approval.

Associate Planner Jake Potter presented the staff report.

VM Bonanno opened the public hearing.

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 RESOLUTIONS:

Resolution 2022-073 finding that the project is exempt from CEQA under CEQA Guidelines Sections 15182 (c) and 15183

Resolution 2022-074 approving Site Plan Design Review (SPDR) 21-003 and Vesting Tentative Tract Map (VTTM) 8609 - Subdivision (SUB) 21-005, together with the requested Density Bonus incentive/concession, subject to the attached Conditions of Approval.

6.2 Hearing to authorize negotiation of a Development Agreement with Isabel Portola Owner, LLC for a mixed-use project with residential, office, and neighborhood-serving commercial uses within the Isabel Neighborhood Specific Plan.

Recommendation: Staff recommended the City Council adopt a resolution authorizing staff to enter into negotiations on a Development Agreement (DA 22-001) with Isabel Portola Owner, LLC to secure development consistent with the Isabel Neighborhood Specific Plan, with final approval

of the Development Agreement subject to City Council review.

Associate Planner Ashley Vera presented the staff report.

VM Bonanno 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 3-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2022-075 authorizing negotiation of terms for a development agreement with Isabel Portola Owner, LLC for a mixed-use development within the Isabel Neighborhood Specific Plan.

6.3 Hearing to determine if the rates charged by Livermore Sanitation, Inc. for solid waste and recycling collection services, effective July 1, 2022, comply with the approved rate methodology and approval of an associated agreement for Rate Year 13.

Recommendation: Staff recommended the City Council:

1. Hold a public hearing

2. Adopt a resolution approving rates listed in Exhibit H of the Second Amended and Restated Agreement for Solid Waste, Recyclable Materials, and Compostable Materials Services effective July 1, 2022; and

3. Approve an amendment describing the revenues allocated to the rate reserve fund for Rate Year 13.

Public Works Manager Judy Erlandson presented the staff report.

VM Bonanno opened the public hearing.

There were no speakers and the hearing was closed.

ON THE MOTION OF CM CARLING, SECONDED BY CM MUNRO AND CARRIED ON A 3-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2022-076 authorizing an amendment and updating exhibit H of the third amended and restated agreement with Livermore Sanitation, Inc. to include rate year thirteen rate adjustments.

7. MATTERS FOR CONSIDERATION - NONE.

8.

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

Fire Negotiation Update City Manager Marc Roberts clarified that Firefighter Local labor group declared impasse and fact finding will occur in two weeks. The City hopes to have resolution soon.

Farmers Market CM Carling noted his attendance on Thursdays with City staff and encouraged residents to come speak with him.

Tri-Valley Non-Profit Alliance CM Carling noted his attendance at the awards ceremony on April 28th.

Rebecca Bauer-Kahan and Steve Glazer CM Carling noted meeting with local leaders on May 4th.

Tree Planting Event CM Munro noted her attendance at the event on April 28th

Cal-Cities Housing Meeting CM Munro noted her attendance at the meeting on April 29th.

Darshana CM Munro noted her attendance at the Hindu community event on May 1st.

Axis Community Health CM Munro noted her attendance at the 50th anniversary event on May 4th.

Advisory Body Interviews CM Bonanno noted her and CM Kiick's participation in interviews on May 4th.

8.

9. ADJOURNMENT - at 8:32 pm in memory of Clay Felicitas to a Special City Council Budget Workshop on May 16, 2022 at 5:00 p.m. at the Civic Center
Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK