CITY COUNCIL

September 13, 2021

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CLOSED SESSION

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.

There were no speakers and the comment period was closed.

ADJOURN TO CLOSED SESSION

1. Conference with Labor Negotiator, Conference Joint Powers Agency Confidential Information. To meet with Administrative Services Director Douglas Alessio, the City's negotiator, pursuant to Government Code sections 54957.6, and 54956.96 regarding negotiations with The International Association of Firefighters, Local 1974, AFL-CIO-CLC.

2. 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.

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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

REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala said there was no reportable action.

2.

2. PROCLAMATIONS AND PRESENTATIONS

2.1 Proclamation proclaiming September 19-25, 2021 as Pollution Prevention Week.

Mayor Woerner presented a proclamation to Management Analyst Anthony Smith declaring September 19-25, 2021 as Pollution Prevention Week.

3.

3. CITIZENS FORUM

Mayor Woerner opened the public hearing.

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

4.

4. CONSENT CALENDAR

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

Mayor Woerner opened the public comment.

Item 4.8 - Laning Thomas provided a comment.

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

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 BONANNO, SECONDED BY CM CARLING, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE JULY 12, 2021 CITY COUNCIL MEETING MINUTES FROM CONSENT CALENDAR ITEM 4.1.

ON THE MOTION OF CM BONANNO, SECONDED BY CM CARLING, AND CARRIED ON A 4-0 VOTE WITH CM BONANNO ABSTAINING, THE CITY COUNCIL APPROVED THE JULY 26, 2021 CITY COUNCIL MEETING MINUTES FROM CONSENT CALENDAR ITEM 4.1.

4.1 Approval of draft minutes - July 12, 2021 City Council Regular Meeting and July 26, 2021 City Council Regular Meeting.

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

4.2 Adoption of Ordinance 2127 Amending Livermore Municipal Code Chapter 2.40 Advisory Bodies to change the advisory body rules of parliamentary procedure from Robert's Rules of Order to Rosenberg's Rules of Order as modified by the City Council Meeting Rules of Procedure.

Recommendation: Staff recommended the City Council adopt an ordinance Amending Livermore Municipal Code Chapter 2.40 Advisory Bodies to change the advisory body rules of parliamentary procedure from Robert's Rules of Order to Rosenberg's Rules of Order as modified by the City Council Meeting Rules of Procedure.

4.3 Introduction of an Ordinance adopting by Reference and Opting in to the Alameda County Waste Management Authority's Organics Reduction and Recycling Ordinance and scheduling a public hearing on October 25, 2021.

Recommendation: Staff recommended the City Council:

1. Introduce an ordinance adopting by reference and opting in to the Alameda County Waste Management Authority's Organics Reduction and Recycling Ordinance and Amending Title 8, Chapter 8.08 of the Livermore Municipal Code by Adding Article XII to Require Reduction of Organic and Recyclable Materials Deposited in Landfills with an effective enforcement date of January 1, 2022.

2. Authorize the scheduling of a public hearing on October 25, 2021, pursuant to

Government Code section 50022.2 for the adoption by reference and opting in of the Alameda County Waste Management Authority's Organics Reduction and Recycling Livermore City Council Agenda September 13, 2021 Ordinance and amending Title 8, Chapter 8.08 of the Livermore Municipal Code by adding Article XII to require reduction of organic and recyclable materials deposited in landfills.

4.4 Resolution 2021-147 authorizing execution of an agreement with WRECO to provide design, environmental, and construction support services for the Arroyo Las Positas Desilting in an amount not-to-exceed $611,710.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to execute an engineering services agreement with WRECO to provide design, environmental, and construction support services for the Arroyo Las Positas Desilting through Las Positas Golf Course, Project No. 2020-15 and Golf Course Damage Repairs, Project No. 2021-32 in an amount not-to-exceed $611,710.

4.5 Resolution 2021-148 authorizing the City Manager to execute a three-year replacement agreement with Environmental Systems Research Institute, Inc. (ESRI) for the City's increased Geographical Information System (GIS) licensing use, in an amount not-to-exceed $165,000.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to execute a three-year replacement agreement with Environmental Systems Research Institute, Inc. (ESRI) for the City's increased Geographical Information System (GIS) licensing use, in an amount not-to-exceed $165,000.

4.6 Resolution 2021-149 authorizing execution of a replacement agreement with Accela for land-based management system software licensing in an amount not to exceed $391,664.

Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of a replacement agreement with Accela in an amount not to exceed $391,664 for land-based management system software licensing.

4.7 Resolution 2021-150 authorizing execution of a low-income housing agreement with LD-fund III Livermore Land, LLC for a subdivision located on Lassen Road (VTTM 8454).

Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of a low-income housing agreement with LD-fund III Livermore Land, LLC for a subdivision located on Lassen Road (VTTM 8454).

4.8 Resolution 2021-151 authorizing execution of a disposition, development, and loan agreement with Satellite Affordable Housing Associates and Interfaith Housing, Inc. for development of the Pacific Avenue Senior Housing Site and appropriating $657,000 from the Affordable Housing Trust Fund for a predevelopment loan.

Recommendation: Staff recommended the City Council adopt a resolution authorizing:

1. The City Manager to execute the Disposition, Development and Loan Agreement (DDLA) attached to the Resolution as Exhibit A with Satellite Affordable Housing Associates and Interfaith Housing, Inc. initiating the development of the Pacific Avenue Senior Housing Project; and

2. An appropriation of $657,000 from the Affordable Housing Trust Fund to lead developer Satellite Affordable Housing Associates for the Predevelopment Loan described in the DDLA.

4.9 Resolution 2021-152 authorizing the extension and name change of the exclusive negotiating agreement from Montecito Development Co., LLC to Livermore Petroleum, LLC.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the extension and name change of the exclusive negotiating agreement from Montecito Development Co., LLC to Livermore Petroleum, LLC.

4.10 Resolution 2021-153 authorizing the acceptance for permanent maintenance of the Security Alarm Monitoring System and Access Control Corrective Work for the New Civic Center Meeting Hall/EOC, Project 2004-39.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the acceptance for permanent maintenance of the Security Alarm Monitoring System and Access Control Corrective Work for the Livermore Civic Center Meeting Hall/EOC, Project No. 2004-39.

4.11 Resolution 2021-154 authorizing the acceptance for permanent maintenance and release of the security bonds for the 2020 Active Transportation Plan Bike Lane Improvements, Project No. 2020-28.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the 2020 Active Transportation Plan Bike Lane Improvements, Project No. 2020-28.

4.12 Resolution 2021-155 of continued local emergency.

Recommendation: Staff recommended the City Council adopt a resolution of continued local emergency.

4.13 Resolution 2021-156 approving allocation of Tourism and Special Event Grant monies for July 1, 2021 - June 30, 2022.

Recommendation: Staff recommended the City Council adopt a resolution approving allocation of Tourism and Special Event Grant monies for July 1, 2021 - June 30, 2022.

4.14 Resolution 2021-157 approving the transfer of the City's Microsoft 365 licensing from SoftwareONE to the California Department of Technology Master Microsoft Enterprise Agreement.

Recommendation: Staff recommended the City Council:

1. Approve transferring the City's current licensing for Microsoft Office 365 and Microsoft 365 from SoftwareONE under the cooperative County of Riverside Master Microsoft Enterprise Agreement to the State of California Department of Technology for the term ending 3/31/2026; and

2. Approve enrollment in California Department of Technology (CDT) Master Microsoft Enterprise Agreement for License of Microsoft Software; and

3. Authorize the expenditure for the Microsoft 365 licenses not-to-exceed amount of $1,100,000 for the term ending 3/31/2026, from the Information Technology Internal Service Fund; and

4. Authorize the City Manager to execute all necessary documents approved as to form by the City Attorney

5. PUBLIC HEARINGS - NONE

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 (1) the City's emergency operations in response to that emergency, and (2) regarding a report from the County/City task force on vaccinations.

Recommendation: An oral report was given at the meeting

Director of Emergency Services Marc Roberts presented the staff report.

Assistant City Manager Christine Martin presented the task force on vaccinations update.

Mayor Woerner invited public comment.

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

CM Bonanno and Mayor Woerner requested that staff consider being flexible with parking and retail needs in the downtown.

In response to questions from VM Munro, Mr. Roberts stated that staff would provide a memo regarding opportunities for increased access to testing.

THE CITY COUNCIL RECEIVED THE UPDATE.

6.2 Approval of General Plan Advisory Committee member selection process and schedule.

Recommendation: Staff recommended the City Council approve the selection and appointment process for the General Plan Advisory Committee

Senior Planner Andy Ross presented the staff report.

Mayor Woerner invited public comment.

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

ON THE MOTION OF VM MUNRO, SECONDED BY MAYOR WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED STAFF RECOMMEDATION WITH THE AMENDED INTERVIEW SCHEDULE REMOVING SEPTEMBER 29th AND ADDING AN OCTOBER 7th INTERVIEW DATE.

6.3 Resolution declaring intention to establish the Livermore Valley Wine Heritage District, fixing the time and place of a public hearing thereon and a resolution requesting consent of the Counties of Alameda and Contra Costa, the City of Dublin and the Town of Danville to form said district.

Recommendation: Staff recommends the City Council adopt:

1. Resolution declaring intention to establish the Livermore Valley Wine Heritage District (LVWHD) and fixing the time and place of a public meeting and a public hearing thereon and giving notice thereof

2. Resolution requesting consent of the counties of Alameda and Contra Costa, the City of Dublin, and the Town of Danville to form the Livermore Valley Wine Heritage District.

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

Brandi Addington and Steven Mirassou provided comments on behalf of Livermore Valley Winegrowers Association.

Mayor Woerner invited public comment.

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

ON THE MOTION OF VM MUNRO, SECONDED BY CM BONANNO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED RESOLUTION 2021-158 DECLARING INTENTION TO ESTABLISH THE LIVERMORE VALLEY WINE HERITAGE DISTRICT (LVWHD) AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF.

ON THE MOTION OF VM MUNRO, SECONDED BY CM BONANNO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED RESOLUTION 2021-159 REQUESTING CONSENT OF THE COUNTIES OF ALAMEDA AND CONTRA COSTA, THE CITY OF DUBLIN, AND THE TOWN OF DANVILLE TO FORM THE LIVERMORE VALLEY WINE HERITAGE DISTRICT.

6.4 Council Members Appointments to Intergovernmental Agencies.

Recommendation: Staff recommends the Mayor make City Council appointments to the Livermore-Pleasanton City Council Liaison Committee and the Livermore-Dublin City Council Liaison Committee.

Mayor Woerner invited public comment.

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

MAYOR WOERNER APPOINTED VM MUNRO AND CM BONANNO TO THE LIVERMORE-DUBLIN CITY COUNCIL LIAISON COMMITTEE AND MAYOR WOERNER AND CM CARLING TO THE LIVERMORE-PLEASANTON CITY COUNCIL LIAISON COMMITTEE.

7.

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

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

THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF RECENTLY ATTENDED EVENTS AND MEETINGS IN ADDITION TO THE INFORMATION PROVIDED IN THE SUPPLEMENTAL PACKET.

THE CITY COUNCIL INSTRUCTED STAFF TO SETUP LIVERMORE-DUBLIN AND LIVERMORE-PLEASANTON LIAISON MEETINGS AFTER THE CITY COUNCIL HAD RECEIVED AND ANALYZED NOISE DATA IN THE FALL.

THE CITY COUNCIL REQUESTED INFORMATION ON AIRPORT OPERATIONS, ADHERANCE TO VOLUNTARY FLIGHT RESTRICTION HOURS, THE TYPES OF PLANES CAUSING THE PROBLEM.

THE CITY COUNCIL DIRECTED STAFF TO SEND A SECOND LETTER TO THE 5 RIVER AVIATIONS OWNER REGARDING THE CURFEW VIOLATIONS FROM FUELING ACTIVITY THAT ARE IN VIOLATION OF THE CURRENT CONTRACT.

8.

8. ADJOURNMENT - at 8:33 pm to a special City Council meeting on September 20, 2021 at 5:00 pm, held virtually via Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK