CITY COUNCIL

June 28, 2021

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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 7:00 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.

PLEDGE OF ALLEGIANCE

2.

2. PROCLAMATIONS AND PRESENTATIONS

2.1 Commission Chair, Dennis Swanson, will present the Historic Preservation Commission annual update.

Recommendation: Staff recommended City Council accept the update.

Commission Chair Dennis Swanson presented the annual update.

3.

3. CITIZENS FORUM

Alan Marlon, Livermore, asked City Council to submit a resolution opposing changes to the California Public Utilities Commission's net energy metering policy and supporting roof top solar

John Marchand stated that the group with many names (Save Livermore Downtown, Friends of Livermore, Vibrant Livermore, Citizen's for a Central Park) will do, say and pay anything to kill the approved downtown plan. He stated that their recent ad in The Independent had several untrue statements.

Mark Triska, Realtor, stated that the Livermore Village (Eden Housing) property would not be best used as a Park because residential property has the highest return while parks have a negative value.

Donna Cabanne requested the City Council hold a hearing about soil contamination on the Livermore Village (Eden Housing) property.

Jackie Cota expressed frustration with the location of affordable housing and disagreed with the statements made by Mr. Marchand. She also expressed frustration with how the COVID-19 pandemic was handled.

Deatra Giannini expressed frustration that a development near her home is unfinished and expressed concern that something similar may happen with the Eden Housing project.

4.

4. CONSENT CALENDAR

Item 4.7 Donna Cabanne requested a public hearing to discuss the contamination at the Livermore Village (Eden Housing) site and suggested that the least expensive solution would be to move housing off the site.

Item 4.7 Carol Silva expressed concern related to contamination at the Livermore Village (Eden Housing) site.

Item 4.7 Jean King, Save Livermore Downtown, requested the City Council hold a public forum to educate the public on the Livermore Village (Eden Housing) site and asked where the money for the cleanup would come from.

Item 4.22 Jackie Cota stated that no emergency existed and requested the City Council terminate the local emergency.

Item 4.7 Allen Marlon in response to the prior speaker stated that COVID is real, he also requested the City Council spend the money to clean up the Livermore Village (Eden Housing) site and requested a public forum to discuss the amount of money spent by people trying to control the City.

Item 4.7 CM Kiick clarified that the Fiscal Impact section of the staff report provides information related to where the funding for each project is coming from. She also clarified that the City Council was done voting on the Eden Housing item after the June 25th regular meeting.

Item 4.8 In response to questions from CM Bonanno, City Manager Marc Roberts explained that the item would create baseline information which would then be used to develop a roadmap for the Stormwater Management goal.

Item 4.7 Mayor Woerner stated that the City Council needed environmental reporting related to the Livermore Village site (Eden Housing) and would then work closely with the Water Board regarding remediation of the site.

ON THE MOTION OF CM KIICK, SECONDED BY CM BONANNO, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

4.1 Approval of draft minutes - May 24, 2021 City Council Regular Meeting and the May 25, 2021 City Council Adjourned Regular Meeting.

Recommendation: Staff recommended City Council approve the minutes.

4.2 Adoption of Ordinances 2124 (DCA 21-003) and 2125 (MUNI 21-001) amending the Livermore Municipal Code and Livermore Development Code to re-activate on-site affordable housing requirements for rental projects and make administrative updates to the Affordable Housing Program and the Affordable Housing In-Lieu Fee.

Recommendation:

1. The Planning Commission and staff recommended the City Council adopt an ordinance:

a. Finding the adoption of a development review process for affordable housing requirements is not a project under the California Environmental Quality Act ("CEQA") and is exempt from CEQA

b. Approving Development Code Amendment 21-003

c. Instructing staff to file a Notice of Exemption, in accordance with the provisions of the California Environmental Quality Act, if the project is approved.

2. Staff recommended the City Council adopt an ordinance:

a. Finding the update of an in-lieu fee methodology for affordable housing requirements is not a project under the California Environmental Quality Act ("CEQA") and is exempt from CEQA

b. Approving Municipal Code Amendment 21-001

c. Instructing staff to file a Notice of Exemption, in accordance with the provisions of the California Environmental Quality Act, if the project is approved

4.3 Resolution 2021-092 authorizing execution of an amendment to the agreement with DC Electric Group, Inc. for streetlight maintenance services, extending the term and increasing the compensation by $100,000 for a total not-to-exceed amount of $500,000.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the execution of an amendment to the agreement with DC Electric Group, Inc. to extend the term of the agreement for an additional two-year period and increase the total compensation amount by $100,000 for a total agreement amount not-to-exceed $500,000.

4.4 Resolution 2021-093 authorizing execution of an amendment to the agreement with Peterson Power Systems, Inc. for the Water Reclamation Plant (WRP) Emergency Generator, Project No. 2015-22, extending the term to June 30, 2022.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to execute Amendment No. 1 to the professional services agreement with Peterson Power Systems, Inc. to extend the term to June 30, 2022 for the WRP Emergency Generator, Project No. 2015-22.

4.5 Resolution 2021-094 authorizing execution of a second amendment to the agreement with Swaim Biological, Inc. for on-call environmental services, extending the term to June 30, 2023.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to execute Amendment No. 2 to the professional services agreement with Swaim Biological, Inc. to extend the term to June 30, 2023 for on-call environmental support services.

4.6 Resolution 2021-095 awarding and authorizing execution of an agreement with Marshall Brothers Enterprises, Inc., for construction of the Granada Channel Pipe Replacement at Union Pacific Railroad (UPRR), Project No. 2020-35, in an amount not-to-exceed $306,962.

Recommendation: Staff recommended the City Council adopt a resolution awarding and authorizing a construction contract with Marshall Brothers Enterprises, Inc. and authorizing the City Manager to sign, on behalf of the City of Livermore, an agreement for construction of the Granada Channel Pipe Replacement at UPRR, Project No. 2020-35, in an amount not-to-exceed $306,962.

4.7 Resolution 2021-096 authorizing execution of an agreement with Pangea Environmental Services, Inc. to provide environmental sampling and reporting services for the Livermore Village Remediation, Project 2021-18 in an amount not-to-exceed $245,000.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to execute a professional services agreement with Pangea Environmental Services, Inc. to provide environmental sampling and reporting services for the Livermore Village Remediation Project 2021-18 in an amount not-to-exceed $245,000.

4.8 Resolution 2021-097 authorizing the execution of an agreement with Black & Veatch Corp. for professional services for the City's Stormwater Asset Condition Assessment Project, in an amount not-to-exceed $195,560.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the execution of an agreement with Black & Veatch Corp. for professional services for the City's Stormwater Asset Condition Assessment Project, in an amount not-to-exceed $195,560.

4.9 Resolution 2021-098 authorizing a Master Funding Agreement and Supplement No.1 with the Metropolitan Transportation Commission for the Arroyo Road Trail (T-13, Segment B), Project No. 2019-55, in an amount not-to-exceed $400,000.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Authorizing the City Manager to execute a Master Funding Agreement with the Metropolitan Transportation Commission; and

2. Authorizing the City Manager to execute Supplement No.1 to the Master Funding Agreement with for the Metropolitan Transportation Commission for the Arroyo Road Trail (T-13, Segment B), Project No. 2019-55.

4.10 Resolution 2021-099 authorizing the execution of a project funding agreement with the Alameda County Transportation Commission for the Vasco Road/I-580 Interchange, Project No. 1993-52, in an amount not-to-exceed $1,380,000.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to execute a project funding agreement with Alameda County Transportation Commission for the Vasco Road/I-580 Interchange, Project No. 1993-52, in an amount not-to-exceed $1,380,000.

4.11 Resolution 2021-100 authorizing the City Attorney to execute a two-year agreement for Innovative Claims Solutions to provide third-party administration services for the City's self-administered workers' compensation program in an amount not-to-exceed $237,919.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Attorney to execute a two-year agreement for Innovative Claims Solutions to provide third-party administration services for the City's self-administered workers' compensation program in an amount not-to-exceed $237,919.

4.12 Resolution 2021-101 authorizing execution of a perpetual license agreement, subscription license agreement, and a service agreement with Innovative Interfaces, Inc. for the service and maintenance of the Sierra Integrated Library System and the LINK+ Platform and for the migration to cloud hosting, in a total not-to-exceed amount of $592,447.

Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of a perpetual license agreement, subscription license agreement, and a service agreement with Innovative Interfaces Incorporated for the service and maintenance of the Sierra Integrated Library System and the LINK+ Platform and for the migration to cloud hosting, in a total not-to-exceed amount of $592,447.

4.13 Adopt a resolution Resolution 2021-102 authorizing execution of lease renewal between the City and the State Department of Rehabilitation for the leased space at the Multi-Service Center.

Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of lease renewal between the City and the State Department of Rehabilitation for the leased space at the Multi-Service Center.

4.14 Resolution 2021-103 authorizing acceptance for permanent maintenance and release of the security for the Decorative Wall Replacement-Citywide, Holmes Street Wall Replacement Phase 2, Project No. 2006-54.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the Decorative Wall Replacement-Citywide, Holmes Street Wall Replacement Phase 2, Project No. 2006-54, and authorizing the City Manager to sign the Notice of Completion.

4.15 Resolution 2021-104 authorizing execution of a Purchase Order with Altec Industries, for a replacement Aerial truck in an amount not-to-exceed $128,452.

Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of a Purchase Order with Altec Industries for a replacement Aerial truck in an amount not-to-exceed $128,452.

4.16 Adopt two resolutions Resolution 2021-105 (Municipal Emergency Services) and 2021-106 (L.N. Curtis & Sons) authorizing the issuance of two annual Purchase Orders in support of daily operations for the Livermore-Pleasanton Fire Department Joint Powers Authority, one with L.N. Curtis & Sons and one with Municipal Emergency Services Inc., each in an amount not-to-exceed $180,000.

Recommendation: Staff recommended the City Council adopt two resolutions authorizing issuance of two purchase orders, one to L.N. Curtis & Sons and one to Municipal Emergency Services Inc., each in an amount not to exceed $180,000 for the purchase of materials and supplies in support of daily operations for the Livermore-Pleasanton Fire Department Joint Powers Authority (LPFD) for Fiscal Year 2021-22.

4.17 Resolution of Intention 2021-107 to Levy Annual Assessments for the Landscape Maintenance Districts for Fiscal Year 2021-2022, Preliminary Approval of the Annual Engineer's Report, Establishing a Public Hearing Date for the Annual Levy of Assessments.

Recommendation: Staff recommended the City Council:

1. Preliminarily approve the Consolidated Annual Engineer's Report for all Landscape Maintenance Districts.

2. Adopt a Resolution of Intention to:

a. levy and collect annual landscape maintenance assessments for all districts formed under the Landscape and Lighting Act of 1972; and

b. establish a Public Hearing for July 12, 2021 for the levy of assessments.

4.18 Resolution 2021-108 approving the updated Investment Policy and the annual delegation investment authority to the City Treasurer

Recommendation: Staff recommended that the City Council adopt a resolution approving the updated Investment Policy and delegating authority to the City Treasurer for a period of twelve months to invest the City's pooled treasury funds in accordance with the Investment Policy.

4.19 Resolution 2021-109 establishing the Appropriations Limitation for the City of Livermore for FY 2021-22.

Recommendation: Staff recommended the City Council adopt a resolution establishing the Appropriations Limit for FY 2021-22.

4.20 Resolution 2021-110 approving the Memorandum of Understanding between the City of Livermore and the Livermore Management Group.

Recommendation: Staff recommended that the City Council adopt a resolution authorizing the execution of the Memorandum of Understanding (MOU) between the City of Livermore and the Livermore Management Group for the period July 1, 2021 through June 30, 2025.

4.21 Resolution 2021-111 approving the City of Livermore Salary Plan as of July 5, 2021 in accordance with California Code of Regulations, Title 2, Section 570.5.

Recommendation: Staff recommended the City Council adopt a resolution approving the City of Livermore Salary Plan as of July 5, 2021 in accordance with California Code of Regulations, Title 2, Section 570.5.

4.22 Resolution 2021-112 of Continued Local Emergency.

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

5.

5. PUBLIC HEARINGS

5.1 Hearing to receive and consider all evidence and reports regarding the Adoption of a Master Fee Schedule. The Master Fee Schedule Resolution establishes fees for City services. The fee resolution and accompanying justification includes new, increased and decreased fees into one document.

Recommendation: Staff recommended the City Council adopt a resolution adopting the City's Master Fee Schedule, incorporating certain fee changes and superseding resolution 2020-153.

Administrative Services Director Douglas Alessio presented the staff report.

Mayor Woerner opened the public hearing.

There were no speakers and the hearing was closed.

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

Resolution 2021-113 adopting the Master Fee Schedule incorporating certain fee changes for services provided and superseding Resolution 2020-153

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.

Mayor Woerner invited public comments.

Jackie Cota stated that there was no emergency and it was propaganda.

There were no more speakers and the hearing was closed.

In response to questions from VM Munro, Mr. Roberts stated that lagging vaccination numbers was due to the challenges of reaching low income and English as a second language groups. He stated that the City was coordinating with the County on outreach efforts and continuing to make progress.

In response to questions from CM Kiick, Mr. Roberts clarified that vaccination locations do not ask about immigration status.

THE CITY COUNCIL RECEIVED THE PRESENTATION.

6.2 Discussion and direction on Climate Action Plan draft measures.

Recommendation: Staff recommended the City Council review and provide direction on the Climate Action Plan draft measures.

Assistant Planner Tricia Pontau and Rincon Climate Action Program Manager Ryan Gardner presented the staff report.

Mayor Woerner invited public comment.

Allen Marlon urged the City Council to do all they could to manage fires and stated that renewable clean energy is critical.

Jackie Cota stated that Livermore is not in a climate crisis and stated that the electrical grid could sustain going all electric.

Roger Logan expressed concerns related to the anticipated population increase used and the use of per capita as a metric. He also stated that determining something is 'cost effective' can only be done by the homeowners. He was concerned that the draft still did not have the concepts included.

John Collins asked why the City was going from voluntary to mandatory compliance. He stated that the City should cover the cost if it was a mandate.

There were no more speakers and the hearing was closed.

THE CITY COUNCIL RECEIVED THE PRESENTATION AND PROVIDED THE FOLLOWING DIRECTION:

CM Bonanno suggested forming a Climate Action Plan (CAP) subcommittee with herself and CM Carling.

CM Carling agreed with states from CM Bonanno, Mr. Logan and Mr. Collins. He stated that additional work is needed when determining the project is 'cost effective'. He also stated that although more bike paths are needed, the City also needed to encourage residents to change their existing behavior and encourage bicycling.

Mayor Woerner appointed CM Bonanno and CM Carling to a Climate Action Plan Subcommittee.

VM Munro encouraged more thought around how residents can be educated in a way that will change their hearts and minds. She also asked, in response to comments from Mr. Marlon, how the City could work with Alameda County and other groups to better manage fires.

CM Kiick stated that if bike paths don't lead anywhere then people wouldn't use them. She requested that staff prioritize having alternative transportation systems connect with major roadways.

CM Kiick suggested the CAP subcommittee meet with East Bay Community Energy (EBCE) and discuss education and communication on this topic. She also requested the City encourage green companies and composting at home.

Mayor Woerner requested a chart showing cost-benefit-timing. He also requested the City not be too aggressive on meeting climate goals beyond the requirement as new technology could be missed.

Mayor Woerner stated that the definition of 'cost effective' needed to be clear and suggested an incentive for residents to change.

6.3 Resolution authorizing an extension of the Exclusive Negotiating Rights Agreement (ENRA) with Shakespeare's Associates, Inc. for the development of a black box theater.

Recommendation: Staff recommended the City Council adopt a resolution authorizing an extension of the Exclusive Negotiating Rights Agreement (ENRA) with Shakespeare's Associates, Inc. for the development of a black box theater.

Community Development Director Paul Spence presented the staff report.

Mayor Woerner opened the public hearing.

There were no speakers and the hearing was closed.

In response to questions from Mayor Woerner, Mr. Spence confirmed that the extension timeframe was adequate for completing the agreement.

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 2021-114 authorizing an extension of the Exclusive Negotiating Rights Agreement (ENRA) with Shakespeare's Associates, Inc. for the development of a black box theater.

6.4 Resolution authorizing the execution of a professional services agreement with PlaceWorks, Inc. to update the Livermore General Plan and Housing Element in an amount not-to-exceed $2,800,000 over a three-year term, and authorizing the formation of a General Plan Advisory Committee.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Authorizing the execution of a professional services agreement with PlaceWorks, Inc. (PlaceWorks) in an amount not-to-exceed $2,800,000 over a three-year term, to update the Livermore General Plan and Housing Element; and

2. Authorizing the formation of a General Plan Advisory Committee directing staff to prepare necessary materials for recruitment and selection of members.

Assistant Planner Andy Ross presented the staff report.

Mayor Woerner opened the public hearing.

There were no speakers and the hearing was closed.

In response to questions from CM Kiick, Mr. Ross stated that housing is updated annually and climate is updated as needed.

CM Kiick suggested including all City Council Members in the General Plan Advisory Committee interviews.

CM Bonanno agreed with CM Kiick and suggested 17 members make up the committee.

VM Munro suggested including the Equity and Inclusion subcommittee and stated that she would support a committee of up to 19 members.

CM Kiick spoke in support of getting a diverse committee that would represent many different communities in Livermore. She also suggested the City provide guidelines for how the committee will communicate about their work over social media.

Mayor Woerner appointed CM Bonanno and VM Munro to a subcommittee focused on attributes and diversity.

Mayor Woerner appointed CM Carling and CM Bonanno to a subcommittee focused on developing application and interview questions.

ON THE MOTION OF MAYOR WOERNER, SECONDED BY CM KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL DIRECTED STAFF TO FORM A 15 PERSON COMMITTEE WITH 4 ALTERNATE POSITIONS.

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

Resolution 2021-115 authorizing the execution of a professional services agreement with PlaceWorks, Inc. (PlaceWorks) in an amount not-to-exceed $2,800,000 over a three-year term, to update the Livermore General Plan and Housing Element; and authorizing the formation of a General Plan Advisory Committee directing staff to prepare necessary materials for recruitment and selection of members.

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.

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

Mayor's Report CM Kiick noted her participation as she filled in for Mayor Woerner for the Mayor's Report.

Stonewall 52nd Anniversary CM Kiick recognized Pride Month and the Anniversary.

Juneteenth CM Kiick, CM Carling, and CM Bonanno noted their attendance at the celebration on June 19, 2021.

Native American Drumming Celebration CM Kiick noted her attendance on June 27, 2021.

Lawrence Livermore National Laboratory CM Bonanno and Mayor Woerner noted attendance at a meeting with the director to discuss a strategic partnership between the lab and the City.

Equity and Inclusion Meeting VM Munro and CM Carling noted their attendance at the last meeting of the working group.

Association of Bay Area Governments VM Munro noted her attendance at the June 25th assembly meeting.

Livermore American Indian Center noted that she visited the center.

Goodness Village VM Munro noted that people are starting to move in and housing is expected to be full by September.

Livermore Valley Chamber of Commerce Mayor Woerner noted his participation in the State of the City on June 24, 2021.

8.

8. ADJOURNMENT - at 10:44 pm to a regular City Council meeting on July 12, 2021 at 7:00 pm, held virtually via Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK