CITY COUNCIL
REVISED
AGENDA
MONDAY, JUNE 13, 2022
VIRTUAL REGULAR MEETING – 7:00 PM
CLOSED SESSION - 6:00 PM
*Item 3.3 has been revised and Item 3.5 has been added to the agenda. *A Master Fee Schedule agenda item was noticed to be heard on June 13th, however it has been moved to a future agenda and will be re-noticed prior to that meeting.
MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
TELECONFERENCE INFORMATION:
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
ZOOM WEBINAR:
https://us02web.zoom.us/j/84889118255
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 848 8911 8255
Bob Woerner, Mayor
Regina Bonanno, Vice Mayor
Robert W Carling, Council Member
Brittni Kiick, Council Member
Trish Munro, Council Member
Livermore City Council Agenda June 13, 2022
1. CLOSED SESSION
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)
1. D.L. Falk Construction Inc. v. City of Livermore, Alameda County Superior Court Case No. RG20079788
2. Garza v. Marathon Petroleum Company, et al. (City of Livermore), Alameda County Superior Court Case No. 22CV008444
3. Save Livermore Downtown v. City of Livermore, et al. Alameda County Superior Court Case No. RG21102761, First District Court of Appeals Case No. A164987
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Proclamation Declaring June 2022 as Safety Awareness Month to be received by Janet Hamilton, City of Livermore Risk Manager
Recommendation:
Staff recommends the City Council proclaim June 2022 as Safety Awareness Month.
Staff Report
Attachments:
1. Proclamation
3.2 Proclamation declaring June as Elder Abuse Awareness Month Recommendation:
Staff recommends the City Council declare June as Elder Abuse Awareness Month.
Staff Report
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
REPORT OF ACTION TAKEN IN CLOSED SESSION
Livermore City Council Agenda June 13, 2022
Attachments:
1. Proclamation
3.3 Presentation of the 2022 High School Senior Arts Awards Recommendation:
Staff recommends the City Council receive the presentation.
Staff Report
3.4 Appointment of Poet Laureate
Recommendation:
The Commission for the Arts and staff recommend the City Council confirm the appointment of Peggy Schimmelman as Poet Laureate for a two-year term starting July 1, 2022, and ending on June 30, 2024. The City Clerk is directed to administer the Oath of Office at a later date.
Staff Report
3.5 Proclamation declaring June 2022 Pride Month
Recommendation:
Staff recommends the City Council proclaim June 2022 Pride Month.
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 Resolution superseding a previously approved resolution and agreement and authorizing the execution of an agreement for a temporary, joint-use residential recycled water fill station between the Dublin San Ramon Services District, the City of Pleasanton, the City of Livermore, and the Zone 7 Water Agency
Recommendation:
Livermore City Council Agenda June 13, 2022
Staff recommends the City Council adopt a resolution superseding a previously approved resolution and agreement and authorizing the execution of an agreement for a temporary, joint-use residential recycled water fill station between the Dublin San Ramon Services District, the City of Pleasanton, the City of Livermore, and the Zone 7 Water Agency.
Staff Report
Attachments:
1. Staff Report Dated 3/14/2022
2. Resolution 2022-028
3. Regional Map
4. Resolution
5. Exhibit A - Proposed Agreement
5.2 Resolution authorizing execution of an agreement with CPM Associates, Inc. in the not-to- exceed amount of $928,000 to provide construction management services for the Livermore Village Parking Garage Construction Project 586003
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with CPM Services, Inc. in the not-to-exceed amount of $928,000 to provide construction management services for the Livermore Village Parking Garage Construction Project 586003.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement with CPM Associates, Inc.
5.3 Resolution authorizing sole sourcing equipment and instruments from Siemens to match existing equipment compatibility for the construction of the City Hall HVAC and Central Plant Chiller Replacement, Project No. 2018-30
Recommendation:
Staff recommends the City Council adopt a resolution pursuant to Section 2.68.550 (C) of the Livermore Municipal Code (LMC), authorizing the sole sourcing of specific brands of equipment and instruments for construction of the City Hall HVAC and Central Plant Chiller Replacement Project No. 2018-30.
Staff Report
Attachments:
1. Resolution
5.4 Resolution authorizing a Memorandum of Agreement between City of Livermore and City of Dublin for the North Canyons Parkway and Dublin Boulevard Connection, Project Number 200259
Recommendation:
Livermore City Council Agenda June 13, 2022
Staff recommends the City Council adopt a resolution authorizing the City Manager to sign the Memorandum of Agreement with the City of Dublin for the North Canyons Parkway and Dublin Boulevard Connection, Project Number 200259.
Staff Report
Attachments:
1. Project Limits
2. Resolution
3. Exhibit A- Memorandum of Agreement with City of Dublin
5.5 Resolution authorizing the execution of an agreement for services with Univar Solutions USA, Inc., for the purchase of sodium hypochlorite 12.5% for use at the Water Reclamation Plant, in an amount not-to-exceed $230,000
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the execution of an agreement for services with Univar Solutions USA, Inc., for the purchase of sodium hypochlorite 12.5% to be used for treated effluent disinfection at the Water Reclamation Plant., in an amount not-to-exceed $230,000.
Staff Report
Attachments:
1. BACC Award Letter
2. Resolution
3. Exhibit A - Univar Solutions USA, Inc. Agreement for Services.pdf
5.6 Resolution authorizing the execution of an agreement for services with Kemira Water Solutions, Inc., for the supply of ferric chloride for use at the Water Reclamation Plant, in an amount not-to-exceed $180,000
Recommendation:
Staff recommends the City Council adopt resolution authorizing the execution of an agreement for services with Kemira Water Solutions, Inc., for the supply of ferric chloride for use at the Water Reclamation Plant in an amount not-to-exceed $180,000.
Staff Report
Attachments:
1. BACC Award Letter
2. Resolution
3. Exhibit A - Agreement
5.7 Resolutions authorizing execution of agreements with Independent Code Consultants Inc. and 4LEAF Inc. to provide on-call plan review, inspections, and permit technician services. Each contract has a not-to-exceed amount of $200,000
Recommendation:
Staff recommends the City Council adopt resolutions authorizing the City Manager to execute agreements with Independent Code Consultant Inc. and 4LEAF Inc. to provide on-call plan Livermore City Council Agenda June 13, 2022
check, site inspections, permit technician services, and Certified Access Specialist (CASp) consultation. Each contract has a not-to-exceed amount of $200,000 over a two-year term.
Staff Report
Attachments:
1. Resolution - Independent Code Consultants
2. Exhibit A - Independent Code Consultants signed contract
3. Resolution - 4LEAF Inc.
4. Exhibit A - 4LEAF signed contract
5.8 Resolution of Intention to Levy Annual Assessments for the Landscape Maintenance Districts for Fiscal Year 2022-23, preliminary approval of the Annual Engineer's Report, and establishing a public hearing date for the Annual Levy of Assessments Recommendation:
Staff recommends the City Council:
1. Preliminarily approve the Consolidated Annual Engineer's Report for all Landscape Maintenance Districts.
2. Adopt a Resolution of Intention to:
a. levy and collect annual landscape maintenance assessments for all districts formed under the Landscaping and Lighting Act of 1972; and
b. establish a Public Hearing for June 27, 2022 for the levy of assessments.
Staff Report
Attachments:
1. Proposed Assessments for Landscape Maintenance Districts for Fiscal Year 2022-23
2. Proposed Assessments for Downtown Landscape Maintenance District, LL-859 for Fiscal Year 2022-23
3. Consolidated Engineer's Report
4. Resolution
5.9 Resolution declaring intention to reimburse expenditures from proceeds of certificates of participation to be executed and delivered to finance acquisition and construction of the Livermore Village Parking Garage
Recommendation:
Staff recommends the City Council adopt a resolution declaring the intention to reimburse expenditures from tax-exempt obligations to preserve the ability to reimburse City expenditures on the Livermore Valley Parking Garage before financing proceeds are available.
Staff Report
Attachments:
1. Resolution
5.10 Resolution establishing the Appropriations Limitation for FY 2022-23 Recommendation:
Livermore City Council Agenda June 13, 2022
Staff recommends the City Council adopt a resolution establishing the Appropriations Limit for FY 2022-23.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Appropriations Limit FY 2022-23
5.11 Resolution releasing unclaimed checks to the City of Livermore's General Fund
Recommendation:
Staff recommends the City Council adopt a resolution releasing unclaimed checks to the City of Livermore’s General Fund.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Listing of Unclaimed Checks
5.12 Approving the Two-Year Financial Plan Update for Fiscal Years 2021-22 and 2022-23
Recommendation:
Staff recommends that City Council adopt a resolution approving the Two-Year Financial Plan Update for fiscal years 2021-22 and 2022-23.
Staff Report
Attachments:
1. Summary of Appropriations FY 2021-23 Financial Plan Update
2. Resolution
3. Exhibit A - FY2021-23 Financial Plan Update
5.13 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
6.1 Hearing to consider revisions to the plans for a previously approved four-story, 133-room hotel on the southeast corner of Railroad Avenue and South Livermore Avenue. The revised plans include site plan changes to remove an underground parking garage. The project includes on- site parking including surface parking with public ADA accessible stalls and valet parking, a
Livermore City Council Agenda
June 13, 2022
new public street, new street frontage improvements, storm water treatments, and landscaping. Parking will also be available off-site
Recommendation:
Staff and the Planning Commission recommend the City Council adopt the following resolutions:
1. Finding the project is within the scope of the Downtown Specific Plan 2009 Subsequent Environmental Impact Report, the 2004 Downtown Specific Plan Final Environmental Impact Report, and the previously adopted addendums thereto;
2. Finding the project is exempt from the California Environmental Quality Act pursuant to Guidelines Section 15332; and
3. Approving Downtown Design Review Modification (DDRM) 22-001, subject to conditions of approval.
Staff Report
Attachments:
1. Location Map
2. Conditions of Approval
3. Engineering Considerations
4. Hotel Development Plans
5. SLD Letter January 10, 2022
6. SLD Letter May 24, 2022
7. Draft Planning Commission Minutes
8. Planning Commission Staff Report
9. Resolution CEQA Notice of Determination
10. Exhibit A - PC Reso 09-22, CEQA NOD
11. Resolution - CEQA Exemption
12. Exhibit A - PC Reso 10-22, CEQA NOE
13. Resolution - CEQA Project
14. Exhibit A - PC Reso 11-22, Project
15. Exhibit B - Conditions of Approval
7. MATTERS FOR CONSIDERATION
7.1 Report on Referendums, Power Limited to Legislative Acts Recommendation:
Staff recommends the City Council receive this report on referendums.
Staff Report
7.2 Discussion and direction regarding the City's Commemorative Flag Display policy Recommendation:
Staff recommends the City Council provide direction regarding the City's Commemorative Flag Display policy.
Staff Report
Livermore City Council Agenda June 13, 2022
Attachments:
1. Staff Report, Resolution and Policy Dated September 23, 2019
2. City Attorney Memorandum Dated May 13, 2022
7.3 Resolution authorizing the display of the rainbow pride flag for the remainder of June 2022 Recommendation:
Staff recommends the City Council adopt a resolution authorizing the display of the rainbow pride flag on the flagpole at the Civic Center Campus for the remainder of June 2022.
Staff Report
Attachments:
1. Resolution
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS
9. ADJOURNMENT
To a Regular City Council meeting on June 27, 2022 at 7:00 p.m., held virtually using Zoom.
10. SUPPLEMENTAL MATERIALS
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.
Livermore City Council Agenda June 13, 2022
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.
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/84889118255
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 848 8911 8255
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://livermoreca.gov/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 Livermore City Council Agenda
June 13, 2022
at
http://livermoreca.gov/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
June 13, 2022