FEBRUARY 28, 2022 Minutes CM/74/557
CITY COUNCIL
FEBRUARY 28, 2022
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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 5:00 pm, held via tele conference usin g 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 public comment period was closed.
1. ADJOURN TO CLOSED SESSION
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 Pau l Spence and Fran Reisner, t he City’s neg otiators 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 authoriz ed by the City Council on Ma y 25, 2021, f or 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 t he Eden Housing DocuSign Envelope ID: 29141456-FAA5-4605-9D44-3987D553F1BA
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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 Pow ers 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 Fir e Department Joint Powers Authority’s negotiations with The International Association of Firefighters, Local 1974, AFL-CIO-CLC. ________________________________________________________________
REGULAR MEETING
2. CALL TO O RDER – The meeting of th e City Council was called to o rder by Mayor Bob Woerner at 7:00 pm, held via teleconference 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
PURSUANT TO CALIFORN IA GOVERNMENT CODE S ECTION 54957.1(A)
CITY ATTORNEY JASON ALCALA REPORTED THAT IN THE CLOSED
SESSION MEETING FOR THE MATTER OF DEANNA GONZALEZ V. CITY OF
LIVERMORE, THE CITY COUNCIL UNANIMOUSLY VOTED TO ACCEPT THE
SETTLEMENT AND RELEA SE AGREEMENT SIGNED BY THE PLAINTIFFS
TO RELEASE THE CITY OF LIVERMORE IN EXCHANGE FOR A PAYMENT IN THE AMOUNT $200,000. THE CASE INVOLVED A LLEGATIONS ARISING FROM A TRIP AND FALL ON A RAISED SIDEWAL K. T HAT ACTION
INCLUDES AUTHORIZATION TO THE CITY ATTORNEY AND TO CITY STAFF
TO TAKE ALL NECESSAR Y ACTIONS TO IMPLEME NT THE SETTLEMENT AGREEMENT.
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Library Board of Trustees Annual Update provided by 2021 Library Boar d of Trustees Chair Art Pontau.
Recommendation: Staff recommend ed the Ci ty Council receive the presentation.
THE CITY COUNCIL RECEIVED THE REPORT.
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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 recommend ed City Council honors Livermore Valley Opera on their 30th anniversary.
MAYOR WOERNER PRESENTED A PROCLAMATION TO LIVERMORE
VALLEY OPERA.
4. CITIZENS FORUM
Mayor Woerner opened the public comment period.
Mr. Moreno provided comment.
Doug Mann provided comment.
Alan Marling provided comment.
Karl Wente provided comment.
Jackie Cota provided comment.
There were no more more speakers and the public comment period was closed.
5. CONSENT CALENDAR
Mayor Woerner opened the public comment period.
There were no speakers and the public comment period was closed.
ON THE MOTION OF CM M UNRO, SECONDED BY VM BONANNO , AND CARRIED ON A 5-0 VOTE, THE CITY C OUNCIL APPROVED THE CONSENT CALENDAR.
5.1 Approval of draft minutes - February 14, 2022 Regular Meeting.
Recommendation: Staff recommend ed the City Council approve the draft minutes.
5.2 Adoption of O rdinance 2132 amending and restati ng Chapters 13.26 and 13.27 of the Livermore Municipal Code pe rtaining to water conservati on measures.
Recommendation: Staff recommended 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.
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5.3 Resolution 2022-017 authorizing an agreement wi th Kaizen InfoSource, LLC for records management consulting in an amount not-to-exceed $160,000.
Recommendation: Staff recommend ed City Council adopt a resoluti on authorizing an agreement with Kaizen InfoSource, LLC for records management consulting in an amount not-to-exceed $160,000.
5.4 Resolution 2022-018 authorizing execution of the agreements with Savant Solutions and Artic Wolf for cybersecurity services in a n amount not -to- exceed $294,856.
Recommendation: Staff recommended City Council auth orize execution of the agreements with Savant Solutions, Inc. and Artic Wolf Networks, Inc. for cybersecurity services in an amount not-to-exceed
$294,856.
5.5 Resolution 2022-019 granting consent to the City of Pleasanton to renew the Tri-Valley Tourism Marketing District
Recommendation: Staff recommended City Council adopt a resolution granting consent to the City of Pleasanton to renew the Tri -Valley Tourism Marketing District.
5.6 Resolution 2022-020 accepting Other Post Employment Benefit s (OPEB) 2020 Valuation Report and updates to the OPEB Policy
Recommendation: Staff recommended that the City Council adopt a resolution in accordance with the City’s OPEB Policy accepting the June 30, 20 20, OPEB Actuarial Valuation report and approving updates to the OPEB Policy.
5.7 Resolution 2022-021 accepting the Annual Comprehensive Financial Report (ACFR) and Other Audit Reports for the Fiscal Year Ended June 30, 2021
Recommendation: Staff recommended 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 G overnment C ode §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;
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Required Communications.
5.8 Resolution 2022-022 of a continued local emergency a nd reau thorizing remote teleconference meetings for City of Livermore's leg islative bodies in accordance with Assembly Bill 361
Recommendation: Staff recommend ed 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.
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 recommend ed the City Council receive re sults of a public opinion poll and direct staff not to proceed with a revenue measure.
Management Analyst II Debbie Bell presented the staff report.
FM3 Re search consultant Richard Berna rd an d Props & Measures consultant Jared Boigon provided the presentation.
Mayor Woerner opened the public comment period.
Donna Cabanne provided a comment.
Alan Marling provided a comment.
Doug Mann provided a comment.
Alan Heckman provided a comment.
Jackie Cota provided a comment.
Dawn Argula, CEO and President of Livermore Valley Chamber of Commerce, provided a comment.
There were no more speakers and the public comment period was closed.
ON THE MOTION OF CM CARLING, SECONDED BY CM MUNRO AND
CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE STAFF RECOMMENDATION.
7.2 Default Local Campaign Contribution Limits.
Recommendation: Staff recommended City Council receive the report on the DocuSign Envelope ID: 29141456-FAA5-4605-9D44-3987D553F1BA
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State's default campaign contribution limit for elective city offices in Livermore, and provide direction if appropriate.
City Attorney Jason Alcala presented the staff report.
Mayor Woerner opened the public comment period.
Alan Marling provided a comment.
There were no more speakers and the public comment period was closed.
THE CITY COUNCIL RECEIVED THE REPORT.
8. COUNCIL COMM ITTEE REPORTS AND MATTERS INITIA TED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
THE MAYOR AND CITY CO UNCIL MEMBERS P ROVIDED A SUMMARY O F
RECENTLY ATTENDED EVENTS AND MEETINGS IN A DDITION TO THE INFORMATION PROVIDED IN THE SUPPLEMENTAL PACKET.
9. ADJOURNMENT – at 8:41 pm to a Special Closed Sess ion Meeting on March 1, 2022 regarding the City Manager recruitment, at 5:00 p.m., held virtually using Zoom.
APPROVED:
BOB WOERNER, MAYOR
ATTEST:
MARIE WEBER, CITY CLERK
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