Livermore City Council 10/24/2022
3. PROCLAMATIONS AND PRESENTATIONS CITY COUNCIL October 24, 2022 ________________________________________________________________ REGULAR MEETING 1. CLOSED SESSION - NONE. 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 Avenue and remotely 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 3. 3. PROCLAMATIONS AND PRESENTATIONS 3.1 Proclamation recognizing October as National Domestic Violence Awareness Month presented to Maitri Finance & Accounting Manager, Tanuja Hegde. Recommendation: Staff recommended the City Council recognize October as National Domestic Violence Awareness Month. Vice Mayor Bonanno presented a proclamation to Tanuja Hedge recognizing October as National Domestic Violence Awareness Month. 3.2 Beautification Committee annual update presented by Vice Chair, Mark Gorallka. Recommendation: Staff recommended City Council accept the Beautification Committee annual update. Beautification Committee Vice Chair Mark Gorallka presented the annual update. 3.3 Presentation of the 2022 Beautification Awards. Recommendation: Staff recommended City Council accept the Beautification Committee Awards presentation. Council Member Carling presented the 2022 Beautification Awards. 4. Mayor Woerner opened the public comment period. Connie Huang provided comment. Vladimir Pavlushkin provided comment. Robin Groth Hill provided comment. Carol Silva provided comment. Lisa Tromovitch provided comment. Paula Campbell provided comment. Karl Wente provided comment. Alan Marling provided comment. Alison Hayden provided comment. There were no more more speakers and the public comment period was closed. 5. Mayor Woerner opened the public comment period. There were no speakers and the public comment period was closed. ON THE MOTION OF VM BONANNO, SECONDED BY CM KIICK, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR. 5.1 Approval of draft minutes - October 10, 2022 Regular Meeting. Recommendation: Staff recommended the City Council approve the draft minutes. 5.2 Resolution 2022-169 approving the First Amendment to Subdivision Improvement Agreement with Livermore Associates LLC for the Republic Square Retail Center Development to memorialize a settlement between the parties related to public improvements; and accepting Parcel Map 10525 public improvements for permanent maintenance. Recommendation: Staff recommended the City Council adopt a resolution: 1. Approving the First Amendment to the Subdivision Improvement Agreement with Livermore Associates LLC for the Republic Square Retail Center Development to memorialize a settlement between the parties related to public improvements and authorizing the Mayor to execute the agreement; 2. Accepting Parcel Map 10525 (south of Freisman Road between Livermore Outlets Drive and Wolf House Drive) public improvements for permanent maintenance; and 3. Authorizing release of the surety bonds for these public improvements. 5.3 Resolution 2022-170 authorizing an increase in the construction contract change order allowance with EVRA Construction, Inc. by $10,000, for a total not-to-exceed amount of $60,000, for the Real Time Awareness Center Project 2019-58 within the police building. Recommendation: Staff recommended the City Council adopt a resolution authorizing an increase in the construction contract change order allowance with EVRA Construction, Inc. by $10,000, to a cumulative not-to-exceed amount of $60,000, for the Real Time Awareness Center Project 2019-58, located within the police building. 5.4 Resolution 2022-171 approving allocation of the Tourism and Special Event Grant monies for July 1, 2022-June 30, 2023 and authorizing the execution of grant agreements consistent with the City's Tourism and Special Events Grant Program. Recommendation: Staff recommended City Council adopt a resolution approving allocation of Tourism and Special Event Grant monies for July 1, 2022-June 30, 2023, and authorizing the City Manager to execute the Grant Agreements to Livermore Valley Winegrowers Association, Altamont Cruisers Car Club, Wente Family Foundation for Arts Education and Darcie Kent Winery LLC, and Rotary Club of Livermore in the not-to-exceed amount of $2,000 each. 5.5 Resolution 2022-172 authorizing execution of a purchase order with CDW-G for the replacement of the City of Livermore's (City) primary data backup system in an amount not-to-exceed $185,000 Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of a purchase order with CDW-G for the replacement of the City's primary data backup system in an amount not-to-exceed $185,000. 5.6 Resolution 2022-173 authorizing an agreement with Sun Ridge Systems, Inc. for continued software maintenance and support for the Public Safety Computer Aided Dispatch and Records Management software and related public safety software systems in an amount not-to-exceed $331,396. Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to sign an agreement with Sun Ridge Systems, Inc. for continued software maintenance and support for the Public Safety Computer Aided Dispatch and Records Management software and related public safety software systems in an amount not-to-exceed $331,396. 5.7 Resolution 2022-174 authorizing the display of the POW- MIA flag for the week of November 6-13, 2022 Recommendation: Staff recommended the City Council adopt a resolution authorizing the display of the POW-MIA flag on the flagpole at the Civic Center Campus for the week of November 6-13, 2022. 5.8 Resolution 2022-175 reauthorizing remote or hybrid teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361. Recommendation: Staff recommended City Council adopt a resolution reauthorizing remote or hybrid teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361. 6. 6.1 Adoption of an ordinance amending and revising the Building Code, Property Maintenance Code, Fire Code, Electrical Code, Mechanical Code, Plumbing Code, Residential Code, and the Green Building Standards Codes in the City's Municipal Code, to adopt by reference and amend the 2022 California Building Standards Code and the codes set forth therein. Recommendation: Staff recommended the City Council adopt an ordinance with an effective date of January 1, 2023: 1. Revising and amending Chapter 15.02 (Building Code), 15.04 (Property Maintenance Code), 15.06 (Fire Code), 15.08 (Electrical Code), 15.10 (Mechanical Code), 15.12 (Plumbing Code), 15.14 (Residential Code), and 15.26 (Green Building Standards Code) in The Livermore Municipal Code. 2. Adopting new Chapters 15.02 (Building Code), 15.06 (Fire Code), 15.08 (Electrical Code), 15.10 (Mechanical Code), 15.14 (Residential Code), and 15.26 (Green Building Standards Code) of the Livermore Municipal Code by adopting and amending the 2022 Editions of the California Building, Fire, Electrical, Mechanical, Plumbing, Residential, and Green Building Standards Codes. 3. Adopting new Chapter 15.04 (Property Maintenance Code) of the Livermore Municipal Code by adopting and amending the 2021 edition of the International Property Maintenance Code. Building Official Franc Moufarrej and Senior Planner Tricia Pontau presented the staff report. Mayor Woerner opened the public hearing. Manaal Shafi provided 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 ORDINANCE: Ordinance 2138 Revising and Amending Chapters 15.02 Building Code, 15.04 Property Maintenance Code, 15.06 Fire Code, 15.08 Electrical Code, 15.10 Mechanical Code, 15.12 Plumbing Code, 15.14 Residential Code, and 15.26 Green Building Standards Code in the Livermore Municipal Code, and adopting by reference, and amending based upon local climatic, geological, and topographical conditions, the 2022 California Building Standards Code set forth in Title 24 of the California Code of Regulations and the following codes adopted therein - the 2021 Editions of the International Building Code, The International Fire Code, The International Property Maintenance Code, the International Residential Code, the Uniform Plumbing Code, the Uniform Mechanical Code, the 2020 Edition Of the National Electrical Code, and the 2022 California Green Building Standards Code 6.2 Hearing to consider approving an Amended and Restated Disposition and Development Agreement with Red Bear Property Management, Inc. for development of downtown commercial uses, authorizing the City Manager to execute the agreement and all other necessary documents to implement that agreement, and to conform the Stockmen's Park easement to this project and others on the park site. Recommendation: Staff recommended the City Council adopt resolutions and direct the following: 1. Finding that the Amended and Restated Disposition and Development Agreement (DDA) with Red Bear Property Management, Inc., attached hereto as Exhibit A, is within the scope of the 2004 Downtown Specific Plan Environmental Impact Report and the 2009 Downtown Specific Plan Subsequent Environmental Impact Report and the addendums adopted by City Council on September 10, 2018 by Resolution 2018-153, May 13, 2019 by Resolution 2019-064, and October 26, 2020 by Resolution 2020-178, and determining that Assessor Parcel Numbers 098-0289-026 and 098-0289-027 are exempt from the Surplus Land Act as defined in Government Code Section 54234(a)(1); and 2. Authorizing the City Manager to execute the DDA and all other necessary documents to implement that agreement and to conform the Stockmen's Park easement to this project and other projects on the park site. Planning Manager Steve Steward presented the staff report. Mayor Woerner opened the public hearing. Lisa Tromovich provided comment. Alan Marling provided comment. There were no more speakers and the hearing was closed. ON THE MOTION OF M WOERNER, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS: Resolution 2022-176 finding the project is consistent with prior environmental review for CEQA and declaring that two city owned parcels are exempt surplus land pursuant to Government Code Section 54221 Resolution 2022-177 finding the commercial project is consistent with prior environmental review for CEQA, and authorizing execution of an Amended and Restated Disposition and Development agreement with Red Bear Property Management, Inc. for development of a downtown commercial project; authorizing the City Manager to execute all other documents necessary to implement that agreement; and authorizing staff to execute all necessary documents to conform the Stockmen's Park easement with the commercial project and for all other projects on the park site (APNs 098-0289-026 and 098-0289-027) 7. 7.1 Update on the FY 2021-23 City Council Goals and Priorities and Equity and Inclusion workplan. Recommendation: Staff recommended City Council receive an update on the FY 2021-23 Goals and Priorities and Equity and Inclusion workplan. City Manager Marianna Marysheva presented the staff report. Mayor Woerner opened the public comment period. Alan Burnham provided comment. There were no more speakers and the public comment period was closed. THE CITY COUNCIL RECEIVED THE REPORT. 7.2 Discussion and direction regarding Livermore Development Code Chapter 4.06 Sign Standards for Temporary Signs. Recommendation: Staff recommended the City Council discuss the provisions in the Livermore Development Code regarding temporary signs placed on public property and in the designated public right-of-way and direct staff to address ongoing challenges with allowing temporary signs, including vandalism and theft. Planning Manager Steve Stewart presented the staff report. Mayor Woerner opened the public comment period. Kristie Wang provided comment. Mike Frank provided comment. Lori Souza, Board Chair of Tri-Valley Conservancy provided comment. There were no more speakers and the public comment period was closed. ON THE MOTION OF M WOERNER, SECONDED BY CM MUNRO AND CARRIED ON A 3-2 VOTE, THE CITY COUNCIL DIRECTED STAFF TO BRING BACK THE PLANNING COMMISSION'S RECOMMENDATION FOR COUNCIL CONSIDERATION ON NOVEMBER 14, 2022, WITH EXAMPLES OF SUCCESSFUL IMPLEMENTATION IN OTHER AGENCIES. 7.3 Discussion and direction on the City Council Subcommittee's recommended revisions to the City Council's Rules of Procedure and the City Council's Norms, Values and Principles of Governance Recommendation: The City Council Subcommittee recommended the City Council discuss and provide direction on the Subcommittee's recommended revisions to the City Council's Rules of Procedure and the City Council's Norms, Values, and Principles of Governance. Assistant City Manager Christine Martin presented the staff report. Mayor Woerner opened the public comment period. There were no speakers and the public comment period was closed. THE CITY COUNCIL DIRECTED STAFF TO BRING THIS ITEM BACK TO COUNCIL ON THE CONSENT CALENDAR ON NOVEMBER 14, 2022 8. 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. Civic Appreciation Dinner M Woerner, CM Carling, and CM Kiick noted their attendance at the event. Influx Art Sculpture Dedication at Springtown Library CM Carling and Munro noted their attendance at the event. Livermore Valley Chamber of Commerce Business Recognition Lunch M Woerner and CM Carling noted their attendance at the event. StopWaste Meeting CM Carling noted attendance at the meeting. Sustainable Wine Growers Event CM Carling, and CM Munro noted attendance at the event. Bloom Electric Meeting, CM Carling noted attendance at the meeting. Community Service Day Kick-off Meeting, CM Carling noted attendance at the meeting. TV30 Mayor's Report CM Carling noted participation in this program. Tri-Valley Non-Profit Awards CM Carling noted participation in the event. Youth in Government Working Group meeting CM Munro noted attendance at the meeting. East Bay Community Energy Board Meeting CM Munro noted attendance at the meeting. Tour of Form Factors manufacturing facility VM Bonanno noted attendance at this meeting Alameda County Transportation Commission Clean Fuel Summit VM Bonanno noted attendance at this event. 8. 9. ADJOURNMENT - at 9:22 pm to a Regular City Council meeting on Monday, November 14, 2022 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom. APPROVED: BOB WOERNER, MAYOR ATTEST: MARIE WEBER, CITY CLERK |