CITY COUNCIL
AGENDA
MONDAY, APRIL 11, 2022
REGULAR HYBRID MEETING –
7:00 PM
RECEPTION - 6:30 PM
MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
IN PERSON INFORMATION:
CIVIC CENTER MEETING HALL
CITY COUNCIL CHAMBERS
1016 S. LIVERMORE AVENUE
TELECONFERENCE INFORMATION:
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
ZOOM WEBINAR:
https://us02web.zoom.us/j/84997441715
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 849 9744 1715
Bob Woerner, Mayor
Regina Bonanno, Vice Mayor
Robert W Carling, Council Member
Brittni Kiick, Council Member
Trish Munro, Council Member
Livermore City Council Agenda
April 11, 2022
1. CALL TO ORDER
2. PROCLAMATIONS AND PRESENTATIONS
2.1 Proclamation declaring April 24-30, 2022 as National Crime Victims' Rights Week presented to Jenifer Mello, South County Victim Advocate Supervisor from the Alameda County Victim/Witness Division.
Recommendation:
Staff recommends City Council proclaim April 24-30, 2022 as National Crime Victims' Rights Week.
Staff Report
Attachments:
1. Proclamation
2.2 Proclamation declaring April 29, 2022 as Arbor Day in the City of Livermore presented to Jeff Shafer, Assistant Public Works Director
Recommendation:
Staff recommends City Council proclaim April 29, 2022 as Arbor Day in the City of Livermore.
Staff Report
Attachments:
1. Proclamation
2.3 Poet Laureate annual update and poem presented by Cynthia Patton, City of Livermore Poet Laureate
Recommendation:
Staff recommends City Council accept the update.
Staff Report
3. CITIZENS FORUM
In conformance with the Brown Act, no City Council action can occur on items presented during Citizens Forum.
CIVIC CENTER MEETING HALL GRAND OPENING RECEPTION - 6:30 pm
ROLL CALL
Council Member Robert W. Carling
Council Member Brittni Kiick
Council Member Trish Munro
Vice Mayor Regina Bonanno
Mayor Bob Woerner
PLEDGE OF ALLEGIANCE
Livermore City Council Agenda
April 11, 2022
To provide public comment in person, please submit a speaker card. When your name is called, walk to the lectern to address City Council.
To provide public comment virtually, please log into Zoom and use the 'raise hand' feature.
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.
3.1 Public Comment Received
Attachments:
1. Public Comment Received
4. 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 submit a speaker card if in person or use the 'raise hand' feature if participating using Zoom.
4.1 Approval of draft minutes - March 21, 2022 Special Meeting, March 26, 2022 Special Meeting, and March 28, 2022 Regular Meeting.
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. 2022-03-22 Draft Meeting Minutes
2. 2022-03-26 Draft Meeting Minutes
3. 2022-03-28 Draft Meeting Minutes
4.2 Adopt an Ordinance
amending Title 2, Chapter 2.14,
Elections
, of the Livermore Municipal
Code regarding City Council Districts and amending the boundaries and descriptions of the districts as indicated in Exhibit A
Recommendation:
Staff recommends City Council adopt an Ordinance amending Title 2, Chapter 2.14, Elections
,
of the Livermore Municipal Code updating the City Council District Map and amending the boundaries and descriptions of each District.
Staff Report
Attachments:
1. Ordinance
2. Exhibit A - Amended and Restated Chapter 2.14, Election
3. Exhibit B - District Map
4.3 Resolutions authorizing the acceptance of grant funds from Alameda County Transportation Commission for the Robertson Park/Concannon and Epson/Concannon Crossing Improvements and approving an appropriation of $217,000 for the Concannon Blvd. at Robertson Park Rd. Crossing Enhancements Active Transportation Plan (ATP), Project
Livermore City Council Agenda
April 11, 2022
Number 2021-35.
Recommendation:
Staff recommends the City Council adopt resolutions:
1 .
Authorizing the City Manager or designee to sign all grant documents and accept funds from Alameda County Transportation Commission for the Robertson Park/Concannon and Epson/Concannon Crossing Improvements; and
2 .
Approving an appropriation of $217,000 for the Concannon Blvd. at Robertson Park Rd.
Crossing Enhancements ATP, Project Number 2021-35, in FY 2022-23.
Staff Report
Attachments:
1. Location Map
2. Resolution - Accepting Grant
3. Exhibit A - Alameda CTC Agreement No. A22-0031
4. Resolution - Appropriating Funds
4.4 Resolutions authorizing acceptance of grant funds from Alameda County Transportation Commission for the Lawrence Elementary School Safe Routes to School Improvements at Portola Avenue and Enos Way and approving a supplemental appropriation of $123,000 in grant funds for the Crosswalk Safety Improvements 2022, Project Number 2022-06.
Recommendation:
Staff recommends the City Council adopt resolutions:
1 .
Authorizing the City Manager or designee to sign all grant documents and accept funds from Alameda County Transportation Commission for the Lawrence Elementary School Safe Routes to School Improvements at Portola Avenue and Enos Way; and 2 .
Approving a supplemental appropriation of funds in FY 2022-23 for the Crosswalk Safety Improvements 2022, Project Number 2022-06.
Staff Report
Attachments:
1. Resolution - Accepting Grant
2. Exhibit A - Alameda CTC Agreement No. A22-0013
3. Resolution - Supplemental Appropriation
4.5 Resolution ratifying an agreement with the California State Library to accept a $27,274 grant to be used to support the Livermore Public Library's English as a Second Language (ESL) programs and services, and approving appropriation of these funds during FY 2021-22
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Ratifying the City's acceptance of $27,274 in grant funds from the California State Library to be used by the Livermore Public Library for English as a Second Language (ESL) services, supplies, supports, and programs.
2 .
Approving the appropriation authorizing the expenditure of the accepted funds in FY 2021-22.
Livermore City Council Agenda
April 11, 2022
Staff Report
Attachments:
1. Resolution
2. Exhibit A - California State Library State Funded Grants Award Agreement and Certificate of Compliance
4.6 Resolution authorizing the execution of an agreement with artist Cecilia Lueza, for the acquisition and oversight of the installation of the outdoor art sculpture entitled "Influx" at the entry point to Livermore's Springtown District, in an amount not-to-exceed $40,000.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager or his designee to execute the Artwork Acquisition Agreement with the artist Cecilia Lueza in the not- to-exceed amount of $40,000, which is budgeted as part of the Citywide Sculptures Project #202122 of FY 2021-23 Capital Improvement Plan, and covered by City Public Art Funds.
Staff Report
Attachments:
1. Livermore Sculptures RFP
2. Resolution
3. Exhibit A - Cecilia Lueza Artwork Acquisition Final Agreement
4.7 Resolution authorizing execution of an agreement with Mydatt Services, Inc d/b/a Block By Block to provide Community Ambassador and Bio-Hazard Clean-Up services in an amount not-to-exceed $272,400
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager, or his designee, to approve and enter into an agreement with Mydatt Services, Inc. d/b/a Block by Block to provide the Community Ambassador Program and Bio-Hazard Clean-Up services in the amount not-to-exceed $272,400.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Grant Agreement
4.8 Resolution authorizing the execution of a subordination agreement with Fremont Bank for the City’s Deeds of Trust recorded on the properties located at 1031 and 1045 Bluebell Drive, and authorizing the City Manager to negotiate with the Livermore Housing Authority for new and restated loan and Regulatory Agreements on the properties
Recommendation:
Staff recommends the City Council adopt a resolution authorizing:
1 .
The City Manager to execute a Subordination Agreement with Fremont Bank, in substantially the form attached as Exhibit A to the Resolution, and subject to final form approval by the City Attorney for the City’s Deeds of Trust on 1031 and 1045 Bluebell
Livermore City Council Agenda
April 11, 2022
Drive.
2 .
The City Manager or his designee to negotiate new and/or restated loan and Regulatory Agreements with the Livermore Housing Authority (LHA) for the properties located at 1031 and 1045 Bluebell Drive using the terms described in the letter agreement between the City and LHA, attached as Exhibit B to the Resolution.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Form of Subordination Agreement
3. Exhibit B - Letter Agreement
4.9 Resolution authorizing a lease agreement with CityServe of the Tri-Valley for office space at the Multi-Service Center, 3311 Pacific Avenue
Recommendation:
Staff recommends the City Council adopt a resolution authorizing execution of a lease agreement with CityServe of the Tri-Valley for office space at the Multi-Service Center, 3311 Pacific Avenue.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Multi-Service Center Lease with CityServe of the Tri-Valley
4.10 Resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the Miscellaneous Corrective and Incomplete Work at the Civic Center Meeting Hall, Project 2004-3901.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the Miscellaneous Corrective and Incomplete Work at the Livermore Civic Center Meeting Hall, Project 2004-3901.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Notice of Completion
4.11 Resolution directing the City Engineer to file the Annual Engineer’s Report for the City’s Landscape Maintenance Districts
Recommendation:
Staff recommends the City Council adopt a resolution directing the City Engineer to file the Annual Engineer’s Report for the City’s Landscape Maintenance Districts.
Staff Report
Attachments:
Livermore City Council Agenda
April 11, 2022
1. Resolution
4.12 Resolution approving the City of Livermore Cybersecurity Policy
Recommendation:
Staff recommends City Council approve the City of Livermore Cybersecurity Policy.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - City of Livermore Cybersecurity Policy
4.13 Resolution approving the City of Livermore Salary Plan as of May 2022 in accordance with California Code of Regulations, Title 2, Section 570.5.
Recommendation:
Staff recommends the City Council adopt a resolution approving the City of Livermore Salary Plan as of May 2022, in accordance with California Code of Regulations, Title 2, Section 570.5.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Salary Plan effective May 2022
4.14 Resolution terminating the proclamation of local emergency (COVID-19) and the temporary suspension and revision of the City Council Meeting Rules of Procedure in Response to the COVID-19 pandemic
Recommendation:
Staff recommends City Council adopt a resolution terminating the proclamation of local emergency, the temporary suspension and revision of the City Council Meeting Rules of Procedure, and all unexpired emergency orders, declared in response to the spread of COVID-19.
Staff Report
Attachments:
1. Resolution
5. PUBLIC HEARINGS
5.1 Hearing to consider proposed Livermore Municipal Water rates and charges for calendar years 2023 through 2027
Recommendation:
Staff recommends that the City Council:
1 .
Conduct a public hearing for proposed water rates;
Livermore City Council Agenda
April 11, 2022
2 .
Determine if a majority protest exists; and
3 .
If a majority protest does not exist, adopt a resolution amending water rates and charges for calendar years 2023 through 2027.
Staff Report
Attachments:
1. Protest Letters Received
2. Resolution
3. Exhibit A - Water Rate Study
5.2 Hearing to
introduce 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).
Recommendation:
Staff recommends City Council:
1 .
Conduct a Public Hearing to receive input and comments on the proposed equipment policy.
2 .
Introduce an Ordinance adding Section 2.36.200 entitled, “Military Equipment Policy” to the Livermore Municipal Code in compliance with Assembly Bill 481.
Staff Report
Attachments:
1. Livermore Police Department Policy 709 -Military Equipment
2. LPD Military Equipment Inventory- 2022
3. Equipment Inventory Summary
4. Ordinance
5.3 Hearing to consider a proposal to amend the Downtown Specific Plan regarding outdoor dining, outdoor dining guidelines, and amend the Livermore Municipal Code, adding Chapter
5.6,
Outdoor Dining Permit
, to establish an Outdoor Dining Ordinance, including a permitting process.
Recommendation:
The Planning Commission and staff recommend the City Council:
1 .
Adopt resolutions finding that the project is exempt under the California Environmental Quality Act and that the project is consistent with the 2009 Subsequent Environmental Impact Report for the Downtown;
2 .
Adopt a resolution approving Specific Plan Amendment (SPPA) 22-002 for changes to outdoor dining standards in the Downtown Specific Plan; and 3 .
Introduce an Ordinance
amending Title 5, adding Chapter 5.60 Outdoor Dining Permit, of the Livermore Municipal Code
Staff Report
Attachments:
1. Resolution - CEQA Exemption
2. Exhibit A - Planning Commission Resolution No. 06-22
3. Resolution - CEQA - Prior EIR
Livermore City Council Agenda
April 11, 2022
4. Exhibit A - Planning Commission Resolution No. 05-22
5. Resolution - Project Approval - SPPA22-002
6. Exhibit A - Planning Commission Resolution No. 07-22
7. Exhibit B - Chapter 5 Development Standards Downtown Core
8. Exhibit C - Chapter 6 Design Standards and Guidelines - Outdoor Dining and Seating
9. Exhibit D - Chapter 10 Implementation
10. Ordinance
11. Exhibit A - Planning Commission Resolution No. 08-22
12. Exhibit B - Outdoor Dining Ordinance
6. MATTERS FOR CONSIDERATION
6.1 Resolution approving the 2022 revised Meeting Rules of Procedure for the City of Livermore Advisory Bodies
Recommendation:
Staff recommends the City Council adopt a resolution approving the revised Meeting Rules of Procedure for eleven of the City's advisory bodies to conform them to the City Council Meeting Rules of Procedure, add clarification, streamline administrative processes, extend the term for the Community Asset Management Program Outreach Committee and Climate Action Plan Advisory Committee, and confirm prior direction related to advisory body meetings.
Staff Report
Attachments:
1. Airport Commission - Redline Rules of Procedure
2. Beautification Committee - Redline Rules of Procedure
3. Climate Action Plan - Redline Rules of Procedure
4. Community Asset Management Program - Redline Rules of Procedure
5. Commission for the Arts - Redline Rules of Procedure
6. General Plan Advisory Committee - Redline Rules of Procedure
7. Historic Preservation Commission - Redline Rules of Procedure
8. Human Services Commission - Redline Rules of Procedure
9. Library Board of Trustees - Redline Rules of Procedure
10. Livermore Housing Authority - Redline Rules of Procedure
11. Planning Commission - Redline Rules of Procedure
12. Resolution - 2022 Revised Meeting Rules of Procedures
7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS
8. ADJOURN TO CLOSED SESSION
9. CLOSED SESSION
Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
No
te: This Closed Session my be continued to the end of the Regular Meeting.
Livermore City Council Agenda
April 11, 2022
9.1 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. (Two cases)
1. Tolbert v. Livermore, et al., United States District Court for the Northern District of California, Case No. 4:21-cv-05174-YGR
2. Save the Hill Group v. Livermore, et al, California Court of Appeal, First Appellate District, Division Five, Case No. A161573; Alameda County Superior Court Case No. RG19020186
Attachments:
1. Public Comment Received
10. ADJOURNMENT
To a Regular City Council meeting on Monday, April 25, 2022 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.
11. SUPPLEMENTAL MATERIALS
11.1 Supplemental materials received prior to the meeting.
Staff Report
Attachments:
1. Supplemental Materials
11.2 Supplemental materials received at the meeting.
Staff Report
Attachments:
1. Items Received at the Meeting
12. HOW TO PARTICIPATE IN OUR 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 address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of that item. To submit a comment using Zoom, you may use the 'raise hand' feature when the item begins. Please note 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 a presentation by the applicant, and questions from the City Council. The Mayor will then open the hearing to the public and offer an opportunity for public comments. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of the presentation of the item. To submit a comment using Zoom, you may use the 'raise hand' feature as soon as the item begins.
REPORT OF ACTION TAKEN IN CLOSED SESSION
Livermore City Council Agenda
April 11, 2022
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 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 4:00 pm the day of the meeting. These items will NOT be read into the record and are viewable by 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 in person, you must complete a speaker card for each item. Speaker cards are available in the Civic Center Meeting Hall lobby. Indicate on the card the item number you wish to comment on and submit the card directly to the City Clerk prior to the start of the item. To submit a comment using Zoom, you may use the 'raise hand' feature. Please note 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.
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:
http://youtube.com/c/CityofLivermoreCalifornia
Zoom Webinar:
https://us02web.zoom.us/j/84997441715
Zoom dial in phone number: 1 669 900 6833
Meeting ID: 849 9744 1715
If you would like to deliver written materials to the City Council as part of your public comments, and are commenting in person, please provide 10 copies to the City Clerk with your speaker card. If you are commenting using Zoom, the speaker must identify that intent in his or her comment and immediately email the materials to the City Clerk at Livermore City Council Agenda
April 11, 2022
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
April 11, 2022