CITY COUNCIL
AGENDA
MONDAY, FEBRUARY 28, 2022
VIRTUAL REGULAR MEETING – 7:00 PM
REVISED AGENDA
(New Item 1.3 Closed Session)
CLOSED SESSION - 5:00 pm
TELECONFERENCE:
MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
ZOOM WEBINAR:
https://us02web.zoom.us/j/81268545003
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 812 6854 5003
Bob Woerner, Mayor
Regina Bonanno, Vice Mayor
Robert W Carling, Council Member
Brittni Kiick, Council Member
Trish Munro, Council Member
Livermore City Council Agenda February 28, 2022
1. CLOSED SESSION - 5:00 PM
Roll Call
Opportunity for the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
Note:
This Closed Session may be continued to the end of the Regular Meeting.
1.1 Conference with Legal Counsel - Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated. (Three cases)
D.L. Falk Construction Inc. v. City of Livermore, Alameda County Superior Court Case No.
RG20079788
Save Livermore Downtown v. City of Livermore, et al. Alameda County Superior Court Case No. RG21102761
Deanna Gonzalez v. City of Livermore, David M. Neilson, et al, Alameda County Superior Court Case No. HG20055188
1.2 Conference with Real Property Negotiator. To meet with Paul Spence and Fran Reisner, the City’s negotiators pursuant to Government Code section 54956.8, regarding amendments to the disposition and development and loan agreement authorized by the City Council on September 24, 2018, and the first amendment authorized by the City Council on May 25, 2021, for the sale and disposition of the real property located at 2009-2111 Railroad Avenue (Assessor’s Parcel Number 098-0289-021-00). The City negotiators may negotiate with Jeremy Hoffman and Matt Graves on behalf of the Eden Housing Inc. The instructions will concern amendments to the terms and conditions in the agreement and the performance schedule in response to litigation effects on the project’s timeline.
1.3 Conference with Labor Negotiator, Conference Joint Powers Agency Confidential Information.
To meet with Senior Human Resources Analyst Kristen Hilton and Art Hartinger, the City’s and the Livermore-Pleasanton Fire Department's negotiators, pursuant to Government Code sections 54957.6 and 54956.96, regarding the Livermore-Pleasanton Fire Department Joint Powers Authority’s negotiations with The International Association of Firefighters, Local 1974, AFL-CIO-CLC.
2. CALL TO ORDER
ROLL CALL
Council Member Robert W. Carling
Council Member Brittni Kiick
Council Member Trish Munro
Vice Mayor Regina Bonanno
Mayor Bob Woerner
Livermore City Council Agenda
February 28, 2022
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Library Board of Trustees Annual Update provided by 2021 Library Board of Trustees Chair Art Pontau.
Recommendation:
Staff recommends the City Council receive the presentation.
Staff Report
3.2 Proclamation honoring the 30th Anniversary of Livermore Valley Opera presented to Keith Sawyer, Livermore Valley Opera president, and Raquel Holt, Founder and Board Member.
Recommendation:
Staff recommends City Council honors Livermore Valley Opera on their 30th anniversary.
Staff Report
Attachments:
1. Proclamation
4. CITIZENS FORUM
In conformance with the Brown Act, no City Council action can occur on items presented during Citizens Forum.
Please log into Zoom to provide verbal public comment during the City Council Meeting.
Comments are limited to a maximum of 3 minutes per person, per item. The Mayor may reduce the amount of time based on the number of persons wishing to speak.
Citizens Forum will conclude after 30 minutes; however, if there are additional speakers, Citizens Forum will reconvene before the meeting adjourns.
5. CONSENT CALENDAR
Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must use the raise hand feature.
5.1 Approval of draft minutes - February 14, 2022 Regular Meeting.
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. Draft 2022-02-14 Meeting Minutes
5.2 Adoption of an ordinance
amending and restating Chapters 13.26 and 13.27 of the
PLEDGE OF ALLEGIANCE
REPORT OF ACTION TAKEN IN CLOSED SESSION
Livermore City Council Agenda
February 28, 2022
Livermore Municipal Code pertaining to water conservation measures.
Recommendation:
Staff recommends that the City Council adopt an ordinance amending and restating Chapters
13.26 and 13.27 of the Livermore Municipal Code pertaining to water conservation.
Staff Report
Attachments:
1. Ordinance
2. Exhibit A - Amended and Restated Chapters 13.26 Water Conservation and 13.27 Mandatory Drought Conservation Measures
5.3 Resolution authorizing an agreement with Kaizen InfoSource, LLC for records management consulting in an amount not-to-exceed $160,000.
Recommendation:
Staff recommends City Council adopt a resolution authorizing an agreement with Kaizen InfoSource, LLC for records management consulting in an amount not-to-exceed $160,000.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Kaizen InfoSource, LLC Agreement
5.4 Resolution authorizing execution of the agreements with Savant Solutions and Artic Wolf for cybersecurity services in an amount not-to-exceed $294,856.
Recommendation:
Staff recommends City Council authorize execution of the agreements with Savant Solutions, Inc. and Artic Wolf Networks, Inc. for cybersecurity services in an amount not-to-exceed $294,856.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Savant Solutions Inc Professional Services Agreement
3. Exhibit B - Arctic Wolf Networks Inc Solutions Agreement
5.5 Resolution granting consent to the City of Pleasanton to renew the Tri-Valley Tourism Marketing District
Recommendation:
Staff recommends City Council adopt a resolution granting consent to the City of Pleasanton to renew the Tri-Valley Tourism Marketing District.
Staff Report
Attachments:
1. Management District Plan
Livermore City Council Agenda
February 28, 2022
2. Pleasanton City Council Resolution 22-1267
3. Resolution
5.6 Resolution accepting Other Post Employment Benefits (OPEB) 2020 Valuation Report and updates to the OPEB Policy
Recommendation:
Staff recommends that the City Council adopt a resolution in accordance with the City’s OPEB Policy accepting the June 30, 2020, OPEB Actuarial Valuation report and approving updates to the OPEB Policy.
Staff Report
Attachments:
1. OPEB Policy Red Line
2. Resolution
3. Exhibit A - OPEB Actuarial Valuation June 30, 2020
4. Exhibit B - OPEB Policy
5.7 Resolution accepting the Annual Comprehensive Financial Report (ACFR) and Other Audit Reports for the Fiscal Year Ended June 30, 2021
Recommendation:
Staff recommends the City Council adopt a resolution accepting the following reports for Fiscal Year 2020-21 as completed:
Annual Comprehensive Financial Report, and ratify and approve the audited financial statements presented therein in accordance with Government Code §37208; Alameda County Transportation Commission Measure B Program Financial Statements;
Alameda County Transportation Commission Measure BB Program Financial Statements;
Alameda County Transportation Commission Vehicle Registration Fee (VRF) Measure F Program Financial Statements;
Agreed Upon Procedures for Compliance with the Proposition 111 2020-21 Appropriations Limit Increment;
Memorandum of Internal Control;
Required Communications.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - FY 2021 Annual Comprehensive Financial Report (ACFR)
3. Exhibit B - FY 2021 Measure B
4. Exhibit C - FY 2021 Measure BB
5. Exhibit D - FY 2021 Measure F
6. Exhibit E - Appropriations Limit
Livermore City Council Agenda
February 28, 2022
7. Exhibit F - Memorandum on Internal Control (MOIC)
8. Exhibit G - Required Communications
5.8 Resolution of a continued local emergency and reauthorizing remote teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361
Recommendation:
Staff recommends City Council adopt a resolution of a continued local emergency and reauthorizing remote teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361.
Staff Report
Attachments:
1. Resolution
6. PUBLIC HEARINGS
7. MATTERS FOR CONSIDERATION
7.1 Discussion and direction related to the results of a public opinion poll for an Asset Management Revenue Measure
Recommendation:
Staff recommends the City Council receive results of a public opinion poll and direct staff not to proceed with a revenue measure.
Staff Report
Attachments:
1. Poll Results
7.2 Default Local Campaign Contribution Limits.
Recommendation:
Staff recommends City Council receive the report on the State's default campaign contribution limit for elective city offices in Livermore, and provide direction if appropriate.
Staff Report
Attachments:
1. FPPC Fact Sheet
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS
9. ADJOURNMENT
To a Special Closed Session City Council meeting on March 9, 2022 at 9:00 a.m., held virtually using Zoom.
10. SUPPLEMENTAL MATERIALS
Livermore City Council Agenda
February 28, 2022
10.1 Supplemental materials received prior to the meeting.
Staff Report
Attachments:
1. Supplemental Materials
HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING
You can participate in the meeting in a number of ways:
Citizens Forum
is an opportunity for the public to speak regarding items not listed on the agenda.
Speakers are limited to a maximum of 3 minutes per person. To submit a comment using Zoom, you may use the 'raise hand' feature. You should be aware that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda. However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.
Public Hearings
- The topic of the hearing is typically summarized by staff, followed by questions from the City Council and a presentation by the applicant. The Mayor will then open the hearing to the public and offer an opportunity for public comments. You may use the 'raise hand' feature in Zoom and take 3 minutes to make your comments.
Other Agenda Items
are also open for public input including Consent Calendar or Matters for Consideration items. These comments are also subject to the 3 minute limit.
Special Meetings, Workshops
- The public will have the opportunity to address the City Council regarding the item that is the subject of the special meeting or workshop. Public comments are limited to a maximum of 3 minutes per person.
Platforms to Participate in Virtual Meetings:
Submission of Comments Prior to the Meeting:
Email Comments
may be submitted by the public to the City Clerk’s Office (
[email protected]
). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record.
eComments
may be submitted by the public using the eComment link
here
. Comments may be up to
1000 characters in length and will be accepted up until 4PM the day of the meeting. These items will NOT be read into the record and are viewable by the the City Council and the public upon submittal.
Submission of Comments During the Meeting:
Speakers are limited to a maximum of 3 minutes per person. To submit a comment using Zoom, you may use the 'raise hand' feature. You should be aware that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda. However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.
Livermore City Council Agenda
February 28, 2022
The City will be using YouTube and TV29 as two tools to provide the public access to view City Council meetings. No public comment will be accepted via YouTube.
TV29:
tv29live.org
YouTube:
h
ttp://youtube.com/c/CityofLivermoreCalifornia
Zoom Webinar:
https://us02web.zoom.us/j/81268545003
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 812 6854 5003
If you would like to deliver written materials to the City Council as part of their electronic comments during a meeting, the speaker must identify that intent in his or her comment submitted and immediately email the materials to the City Clerk at
[email protected]
.
The
City Council Agenda and Agenda Reports
are prepared by City staff and are available for public review on Tuesday evening, six days prior to the City Council meeting in the Civic Center Library, 1188 South Livermore Avenue, Livermore, and at the City Clerk’s Office, 1052 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, http://cityoflivermore.net/agenda
.
Under Government Code §54957.5, any
supplemental material
distributed to the members of the City
Council after the posting of this agenda will be available for public review in the City Clerk’s Office, 1052 South Livermore Avenue, Livermore, and included in the agenda packet available on the City’s web site at
http://cityoflivermore.net/agenda
.
PURSUANT TO TITLE II OF THE AMERICANS WITH DISABILITIES ACT (CODIFIED AT 42 UNITED STATES CODE SECTION 12101 AND 28 CODE OF FEDERAL REGULATIONS PART 35), AND SECTION 504 OF THE REHABILITATION ACT OF 1973, THE CITY OF LIVERMORE DOES NOT
DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, ANCESTRY,
SEX, DISABILITY, AGE OR SEXUAL ORIENTATION IN THE PROVISION OF ANY SERVICES, PROGRAMS, OR ACTIVITIES. TO ARRANGE AN ACCOMMODATION IN ORDER TO PARTICIPATE
IN THIS PUBLIC MEETING, PLEASE CONTACT THE ADA COORDINATOR AT [email protected]
OR CALL (925) 960-4170 (VOICE) OR (925) 960-
4104 (TDD) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE OF THE MEETING.
Livermore City Council Agenda
February 28, 2022