Livermore City Council 4/25/2022
3. PROCLAMATIONS AND PRESENTATIONS CITY COUNCIL APRIL 25, 2022 ________________________________________________________________ CLOSED SESSION CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor Bob Woerner at 6:30 pm, held in-person at 1016 S Livermore Avenue and virtually 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. 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 hearing was closed. 1. ADJOURN TO CLOSED SESSION 1.1 Conference with Real Property Negotiator. To meet with Paul Spence and Steve Stewart, the City's negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor's Parcel Numbers 098-0289-024-00 and 098-0289-025-00. The City negotiators may negotiate with Lisa Tromovitch on behalf of the Shakespeare's Associates, Inc., a California nonprofit corporation. The instructions will concern price and terms of payment in furtherance of the exclusive negotiation rights agreement first authorized by the City Council on June 18, 2018. _______________________________________________________________ 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 Avenue and virtually 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 REPORT OF ACTION TAKEN IN CLOSED SESSION City Attorney Jason Alcala said there was no reportable action. 3. 3. PROCLAMATIONS AND PRESENTATIONS 3.1 Proclamation declaring May 2022 as Drinking Water Awareness Month presented to representatives from Zone 7 Water Agency, California Water Service (Cal Water), and Livermore Municipal Water. Recommendation: Staff recommended the City Council declare May 2022 as Drinking Water Awareness Month, recognizing the joint efforts of Livermore Municipal Water, Zone 7 Water Agency, and California Water Service (Cal Water) to provide this vital service to our community. MAYOR WOERNER AND VICE MAYOR BONANNO PRESENTED THE PROCLAMATION. 3.2 Presentation of the 2022 Livermore Water Conservation Art Contest awards Recommendation: Staff recommended City Council present awards to the winners of this year's Livermore Water Conservation Art Contest. MAYOR WOERNER AND VICE MAYOR BONANNO PRESENTED THE AWARDS. 3.3 Livermore Area Youth Advisory Commission annual update presented by Commission Chair Evelyn Arroyo Recommendation: Staff recommended City Council accept the Livermore Area Youth Advisory Commission annual update. THE CITY COUNCIL RECEIVED THE PRESENTATION. 3.4 Proclamation declaring May as Affordable Housing Month presented to East Bay Housing Organizations. Recommendation: Staff recommended the City Council declare May as Affordable Housing Month. MAYOR WOERNER AND VICE MAYOR BONANNO PRESENTED THE PROCLAMATION. 4. Mayor Woerner opened the public comment period. Alan provided a comment. Joseph McThorn provided a comment. Stacey Kenison provided a comment. Gabriela Gonzalez provided a comment. Amber provided a comment. There were no more speakers and the public comment period was closed. 5. Mayor Woerner opened the public comment period. Item 5.7 John Marchand provided a comment. There were no more speakers and the public comment period was closed. ON THE MOTION OF CM MUNRO, SECONDED BY MAYOR WOERNER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR. 5.1 Adoption of Ordinance 2134 adding section 2.36.200 to the Livermore Municipal Code in compliance with the requirements of Assembly Bill 481 (an act to add sections 7070 through 7075 to the Government Code, relating to military equipment). Recommendation: Staff recommended City Council adopt an ordinance adding section 2.36.200 to the Livermore Municipal Code in compliance with the requirements of Assembly Bill 481 (an act to add sections 7070 through 7075 to the Government Code, relating to military equipment). 5.2 Adoption of Ordinance 2135 amending Title 5 and adding Chapter 5.60 Outdoor Dining Permit to the Livermore Municipal Code. Recommendation: The Planning Commission and staff recommended the City Council adopt an ordinance adding section 5.60 to the Livermore Municipal Code. The purpose of the Ordinance is to codify an Outdoor Dining Permit and facilitate enforcement through administrative due process. 5.3 Resolution 2022-057 authorized amendments to contracts C9801130 and C9802006 with the State Department of Parks and Recreation for grant funds allocated to the Arroyo Road Trail (T-13, Segment B), Project No. 2019-55. Recommendation: Staff recommended the City Council adopt a resolution: 1. Approving the Amendments to Contract No. C9801130 and C9802006 with the State of California under the Per Capita Grant Program in the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018; and 2. Authorizing the City Manager or designee to sign all grant documents for the Per Capita Grant Funds. 5.4 Resolution 2022-058 approved and appropriated the allocation of Community Development Block Grant, Home Investment Partnership Program, Social Opportunity Endowment, In-Lieu Housing, Human Services Facility Fee and General Funds in the total amount of $1,000,200 for FY 2022-23. Recommendation: Staff recommended the City Council adopt a resolution appropriating $1,000,200 as listed below and authorize the City Manager to negotiate and execute all related documents, grant agreements, and modifications. 1. Community Development Block Grant Funds (Fund 613) in the amount of $432,000 2. HOME Investment Partnership Program Funds (Fund 671) in the amount of $139,500 3. Social Opportunity Endowment Funds (Fund 620) in the amount of $80,000 4. Human Service Facility Fee Funds (Fund 333) in the amount of $119,700 5. In-Lieu Housing Funds (Fund 611) in the amount of $209,000 6. General Funds (Fund 001) in the amount of $20,000 5.5 Resolution 2022-059 authorized execution of an Affordable Housing Loan Agreement, Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants and related documents with Tri-Valley REACH, Inc. for repairs and updates to an affordable group home located at 4355 Colgate Avenue Recommendation: Staff recommended the City Council adopt a resolution: 1. Authorizing a loan to Tri-Valley REACH, Inc. in the amount of $91,768 in State Permanent Local Housing Allocation (PLHA) to assist with the rehabilitation of 4355 Colgate Avenue; and 2. Authorizing the City Manager to execute the Affordable Housing Loan Agreement attached as Exhibit A to the Resolution and the Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants attached as Exhibit B to the Resolution, between the City of Livermore and Tri-Valley REACH, Inc. for 4355 Colgate Avenue and all other related documents authorized and described in those agreements. 5.6 Resolution 2022-060 authorized execution of an agreement with DarkTrace Holding Limited for cybersecurity services in an amount not-to-exceed $437,000 Recommendation: Staff recommended City Council authorize execution of the agreement with DarkTrace Holding Limited for cybersecurity services in an amount not-to-exceed $437,000. 5.7 Resolution 2022-061 endorsed the Alameda County Home Together 2026 Implementation Plan to address homelessness and acknowledging receipt of future homeless services funding must be consistent with the plan Recommendation: Staff recommended City Council adopt a resolution: 1. Endorsing the Alameda County Home Together 2026 Implementation Plan to address homelessness. 2. Acknowledging that to receive future homeless services funding made available through the County, grants, programs, and services must be consistent with the Home Together 2026 Plan. ITEM 5.8 WAS REMOVED FROM THE AGENDA 5.8 Resolution appropriating $156,667 in additional funds in FY 2021-22 for the Joint Use Residential Recycled Water Fill Station. Recommendation: Staff recommends that the City Council adopt a resolution appropriating $156,667 in additional funds in FY 2021-22 for the Joint Use Residential Recycled Water Fill Station. 5.9 Resolution 2022-062 designated the Administrative Services Director as the City Treasurer Recommendation: Staff recommended City Council adopt a resolution designating the Administrative Services Director as the City Treasurer. MAYOR WOERNER REORDERED THE AGENDA TO HEAR ITEM 7.3 IMMEDIATELY FOLLOWING THE CONSENT CALENDAR. 7.3 7.3 MATTERS FOR CONSIDERATION Resolution appointing and approving an employment contract with a new City Manager Recommendation: Mayor Woerner recommended the City Council adopt a Resolution appointing Marianna Marysheva as City Manager and approving the employment contract. Human Resources Manager Nancy Dias presented the staff report. Mayor Woerner opened the public comment period. There were no speakers and the public comment period was closed. ON THE MOTION OF CM KIICK, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION: Resolution 2022-063 appointed and approved an employment contract with the City Manager. 6. 6.1 Hearing to consider the Community Development Block Grant (CDBG) and HOME Investment Partnership Program's Annual Action Plan for FY 2022-23 and authorizing submittal to the U.S. Department of Housing and Urban Development Recommendation: The Human Services Commission and staff recommended the City Council adopt a resolution: 1. Approving the FY 2022-23 Annual Action Plan for the HOME Investment Partnership and Community Development Block Grant Programs and authorizing its submittal to Alameda County for inclusion with the Alameda County HOME Consortium report and submission to the U.S. Department of Housing and Urban Development (HUD); and 2. Authorizing the City Manager, or his designee, to sign all related documents, and to make adjustments to the Action Plan as needed based on the HUD allocation. Management Analyst I Amy Walker presented the staff report. Mayor Woerner 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 RESOLUTION: Resolution 2022-064 approving the FY 2022-23 annual action plan and authorizing submittal to the U.S. Department of Housing and Urban Development. 6.2 Hearing to introduce an ordinance 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 introduce 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. Captain Matthew Sarsfield presented the staff report. Mayor Woerner opened the public hearing. Anne Everton provided a comment. Janie Dobbs provided a comment. Cynthia Shon provided a comment. Laurie Herbert provided a comment. Kyoko provided a comment. Mary Perner provided a comment. Marilyn Dykstra provided a comment. There were no more speakers and the hearing was closed. ON THE MOTION OF MAYOR WOERNER, SECONDED BY CM MUNRO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCE: Ordinance introduced amending Livermore Municipal Code Chapter 8.14 to add Safe Storage of Firearm provisions to the Public Nuisances Ordinance. 6.3 Hearing to receive and consider protests and direct staff to proceed with field abatement work on non-compliant properties under the 2022 Fire Hazard Abatement Program. Recommendation: Staff recommended City Council consider all protests, and if Council finds appropriate, adopt a resolution overruling protests, and direct staff to proceed with necessary weed abatement on all parcels requiring abatement. Fire Marshall Ryan Rucker presented the staff report. Mayor Woerner opened the public hearing. There were no speakers and the hearing was closed. ON THE MOTION OF CM KIICK, SECONDED BY VM BONANNO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION: Resolution 2022-065 overruled protests and ordered the abatement of a public nuisance. 7. 7.1 Resolution approving the 2022 City of Livermore State and Federal Legislative Platform Recommendation: Staff recommended the City Council adopt a resolution approving the 2022 City of Livermore State and Federal Legislative Platform. Recommendation: Staff recommended the City Council xxxx 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 REQUESTED ADDITIONAL BRIEFINGS ON THIS TOPIC IN THE FUTURE SO THEY COULD MORE FULLY UNDERSTAND THE FUTURE LEGISLATION IMPACTED BY THESE DECISIONS. ON THE MOTION OF CM MUNRO, SECONDED BY CM KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION: Resolution 2022-066 adopting the 2022 State and Federal Legislative Platform for the City of Livermore 7.2 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. Recommendation: Staff recommended the City Council xxxx Assistant City Manager Christine Martin presented the staff report. City Manager Marc Roberts presented an update on the City Council Goals and Priorities. Mayor Woerner opened the public comment period. Kyoko provided a comment. There were no more speakers and the public comment period was closed. THE CITY COUNCIL RECEIVED THE UPDATE AND VM BONANNO REQUESTED A METRIC TO SHOW HOW SUCCESSFUL ADVISORY BODY RECRUITMENT OUTREACH IS. 8. San Joaquin Valley Regional Rail Authority Council Member Kiick noted her attendance at the April 13, 2022 meeting. Tri-Valley Transportation Council Council Member Kiick noted her attendance at the May 9, 2022 meeting. Vineyard 2.0 Vice Mayor Bonanno and Council Member Carling noted their attendance at the groundbreaking. East Bay Community Energy Council Member Munro noted her attendance at the April 20, 2022 meeting. Knights of Columbus Vice Mayor Bonanno noted her attendance at the banquet. Quest Science Center Vice Mayor Bonanno noted her attendance at the event on April 23, 2022. Ambulance Service Mayor Woerner requested that staff provide information regarding next steps to achieving better ambulance service in Livermore. 8. 9. ADJOURNMENT - at 10:05 pm in memory of James Doggett to a Regular City Council meeting on Monday, May 9, 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 |