CITY COUNCIL
AGENDA
MONDAY, JULY 25, 2022
VIRTUAL REGULAR MEETING –
7:00 PM
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/88043799939
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 880 4379 9939
Bob Woerner, Mayor
Regina Bonanno, Vice Mayor
Robert W Carling, Council Member
Brittni Kiick, Council Member
Trish Munro, Council Member
Livermore City Council Agenda
July 25, 2022
1. CLOSED SESSION - NONE
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Proclamation declaring August 2022 as Muslim Appreciation and Awareness Month presented to Munir Sifi of the Islamic Center of Livermore.
Recommendation:
Staff recommends the City Council declare August 2022 as Muslim Appreciation and Awareness 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 Approval of draft minutes - June 27, 2022 Regular Meeting.
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
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
July 25, 2022
1. 2022-06-27 Draft Minutes
5.2 Introduce an Ordinance
and waive the first reading revising Municipal Code Chapter 1.28 related to the Conflict of Interest Code - Biennial Notice to add/remove positions as appropriate.
Recommendation:
Staff recommends the City Council accept the 2022 Local Agency Biennial Notice and waive the first reading and
introduce an ordinance
revising Municipal Code Chapter 1.28, Conflict
of Interest Code, to add or remove positions to align with updates to the City’s salary schedule.
Staff Report
Attachments:
1. Local Agency Biennial Notice
2. Draft Position Update
3. Redlined 2022 Conflict of Interest Code
4. Resolution
5. Exhibit A - 2022 Conflict of Interest Code Final
5.3 Resolution authorizing execution of an agreement with Old Brit Consulting for general Information Technology (IT) consulting in an amount not-to-exceed $250,000.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing execution of an agreement with Old Brit Consulting for general IT consulting in an amount not-to-exceed $250,000.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement with Old Brit Consulting and City of Livermore
5.4 Resolution authorizing execution of a Purchase Order with CDW Government LLC for the purchase of a CineMassive CineView Video Wall Display (commercial grade monitors) for the Police Department’s Real-Time Awareness Center (Project No. 2019-58) in an amount not-to- exceed $231,930, and authorization for the City Manager to sign an agreement for maintenance services with Haivision MCS, LLC DBA CineMassive Displays, LLC in an amount not-to-exceed $53,628.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing execution of a Purchase Order with CDW Government LLC for a CineMassive CineView Video Wall Display (commercial grade monitors designed for 24/7 operations and a state-of-the-art user interface and video integration) for the Police Department’s Real-Time Awareness Center (Project No. 2019-58) in an amount not-to-exceed $231,930, and authorization for the City Manager to sign an agreement for maintenance services with Haivision MCS, LLC DBA CineMassive Displays, LLC in an amount not-to-exceed $53,628.
Livermore City Council Agenda
July 25, 2022
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Maintenance Agreement with Haivision MCS, LLC, DBA CineMassive Displays, LLC
5.5 Resolution authorizing issuance of a Purchase Order with Peterson Truck Inc. for a replacement Fleet Service Truck, for performing routine maintenance and emergency repairs to City vehicles in the field in the amount of $222,456 and a contingency in an additional amount not-to-exceed ten percent (10%).
Recommendation:
Staff recommends the City Council adopt a resolution authorizing execution of a Purchase Order with Peterson Truck Inc. for a replacement Fleet Service Truck to be used to perform routine equipment and vehicle maintenance, along with emergency service work in the field in the amount of $222,456, and authorizing a contingency in an additional amount not-to-exceed ten percent (10%).
Staff Report
Attachments:
1. Sourcewell Navistar Contract #060920 NVS
2. Peterson Truck Quote 8571-01
3. Resolution
5.6 Resolution authorizing execution of a Purchase Order with Boise Mobile Equipment for two Type 6 Xtreme Fire Apparatus on the Dodge 5500 four-wheel drive, crew cab chassis, for wildland urban interface fire response in the amount of $609,836 and a contingency in an additional amount not-to-exceed ten percent (10%).
Recommendation:
Staff recommends the City Council adopt a resolution authorizing execution of a Purchase Order with Boise Mobile Equipment in the amount of $609,836 for two Type 6 Xtreme Fire Apparatus pumper trucks the Dodge 5500 four-wheel drive, crew cab chassis, for wildland urban interface fire response in the amount of $609,836 and authorizing a contingency in an additional amount not-to-exceed ten percent (10%).
Staff Report
Attachments:
1. HGAC Contract #FS12-19
2. Boise Mobile Equipment HGACBuy Quote
3. Resolution
5.7 Resolution authorizing a supplemental appropriation of $574,441 from the Traffic Impact Fee fund in FY 2022-23 to the Traffic Signal Installation Program, Project No. 2014-31 to reimburse Scannell Properties #339 LLC for their installation of new traffic signal improvements at the intersection of Mines Road and Technology Drive.
Recommendation:
Livermore City Council Agenda
July 25, 2022
Staff recommends City Council adopt a resolution authorizing a supplemental appropriation of $574,441 from the Traffic Impact Fee fund (Fund 306) in FY 2022-23 to the Traffic Signal Installation Program, Project No. 2014-31 to reimburse Scannell Properties #339 LLC for their installation of new traffic signal improvements at the intersection of Mines Road and Technology Drive.
Staff Report
Attachments:
1. Resolution
5.8 Resolution authorizing supplemental appropriations in the amounts of $9,980,000 and $3,327,000 to Fiscal Years 2023-24 through 2024-25, and awarding and authorizing execution of agreements with C. Overaa & Co. in an amount not-to-exceed $21,999,000, for construction, with Cannon Corporation in an amount not-to-exceed $112,900, for programming support, and an amendment with Carollo Engineers increasing the amount of the agreement by $2,381,660 to a total not-to-exceed amount of $4,910,499, for construction management and engineering services during construction, for rehabilitation and process improvements to the primary and secondary treatment processes at the City’s Water Reclamation Plant (WRP), Project No. 2019-31.
Recommendation:
Staff recommends the City Council adopt a resolution for the WRP Primary and Secondary Treatment Improvements, Project No. 2019-31:
1 .
Authorizing supplemental appropriations of $695,000 in Fund 239 (Water Resources Replacement) and $232,000 in Fund 241 (Sewer Connection Fees) from FY 2022-23 to FY 2023-24;
2 .
Authorizing supplemental appropriations of $6,969,000 in Fund 239 (Water Resources Replacement) and $2,323,000 in Fund 241 (Sewer Connection Fees) in FY 2023-24; 3 .
Authorizing supplemental appropriations of $2,316,000 in Fund 239 (Water Resources Replacement) and $772,000 in Fund 241 (Sewer Connection Fees) in FY 2024-25; 4 .
Awarding and authorizing execution of an agreement with C. Overaa & Co., in an amount not-to-exceed $21,999,000, for construction of the; 5 .
Authorizing execution of an agreement with Cannon Corporation, in an amount not-to- exceed $112,900, for programming support services during construction; and 6 .
Authorizing execution of a first amendment to the agreement with Carollo Engineers, increasing the amount of the agreement by $2,381,660 to a total not-to-exceed amount of $4,910,499, for additional construction management and engineering design services during construction.
Staff Report
Attachments:
1. Site Plan with Scope Elements Highlighted
2. Current and Proposed Funding
3. Resolution
4. Exhibit A - Agreement with C. Overra & Co.
5. Exhibit B - Agreement with Cannon Corporation
6. Exhibit C - First Amendment to Agreement with Carollo Engineers
Livermore City Council Agenda
July 25, 2022
5.9 Resolution to temporarily suspend the current Airport Development Policy and suspend consideration of certain development on airport property until a new Development Policy is created and approved.
Recommendation:
Staff recommends that the City Council adopt a resolution to temporarily suspend the current Airport Development policy and Airport development to allow for creation and approval of a new Airport Development Policy.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Current Airport Development Policy
5.10 Resolution authorizing execution of an agreement with Hinderliter, de Llamas and Associates, Inc., for business license tax and fee operations management and compliance services
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a two-year agreement with Hinderliter, de Llamas and Associates, Inc. for business license tax operations management and compliance services.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement with HdL
6. PUBLIC HEARINGS
6.1 Hearing to adopt a resolution approving the waiver and refund of $132,562 in penalties and interest related to delinquent special taxes levied in City of Livermore Community Facilities District No. 99-1 (Tri-Valley Technology Park) on property owned by the Livermore Valley Joint Unified School District.
Recommendation:
Staff recommends that the City Council hold a public hearing and adopt a resolution:
1 .
Approving the waiver of $132,562 in penalties and interest paid by the Livermore Valley Joint Unified School District as a result of the late payment of special taxes levied by the City in City of Livermore Community Facilities District No. 99-1 (Tri-Valley Technology Park) on property owned by the Livermore Valley Joint Unified School District, and authorizing execution of necessary documents, certificates, and certain other related actions; and
2 .
Directing staff to issue a refund to the Livermore Valley Joint Unified School District for the $132,562 in penalties and interest after deducting the City’s costs of administering the delinquencies and the waiver request, and to take other actions in order to accomplish the purposes of the resolution.
Staff Report
Livermore City Council Agenda
July 25, 2022
Attachments:
1. Resolution
6.2 Hearing to consider comments and protests relating to the disposition of City-owned property at 2324 Second Street (former SBC building) to Mr. Michael Messinger for the purposes of converting it from an office to restaurant use and a resolution approving the sale of the Property and authorizing the City Manager to execute the First Amendment to the Purchase and Sale Agreement with Michael Messinger to update the Schedule of Development.
Recommendation:
Staff recommends the City Council hear comments and protests on the following actions to be considered by the City Council relating to the disposition of city-owned property at 2324 Second Street (former SBC building), APN 097-0110-013-11, and adopt a resolution authorizing the following:
1 .
Final action to approve the sale of the Property as set forth by Government Code sections 37422-37423; and
2 .
The City Manager to sign, on behalf of the City of Livermore, the First Amendment to the Purchase and Sale Agreement with Michael Messinger and all related documents necessary to effectuate the sale of the Property, subject to City Attorney form approval.
Staff Report
Attachments:
1. Proposed Building Elevations
2. Resolution
3. Exhibit A - First Amendment to the Purchase and Sale Agreement with Michael Messinger
6.3 Hearing to consider a request for Site Plan Design Review and Vesting Tentative Tract Map to develop the northeast corner of Portola Avenue and Collier Canyon Road, which would implement the Isabel Neighborhood Specific Plan.
Recommendation:
The Planning Commission and staff recommend the City Council:
1 .
Adopt a resolution finding that the project is exempt from the California Environmental Quality Act, under CEQA Guidelines Sections 15182 (c) and 15183; 2 .
Adopt a resolution approving Vesting Tentative Tract Map (VTTM) 8613 – Subdivision (SUB) 21-006, Site Plan Design Review (SPDR) 21-005; and Consistency Determination (CD) 22-001, together with the requested Density Bonus Waiver and incentive/concession, subject to the attached Conditions of Approval; and 3 .
Instruct staff to file a Notice of Exemption, in accordance with the provisions of the California Environmental Quality Act, subject to project approval.
Staff Report
Attachments:
1. Planning Commission Report
2. Draft Planning Commission Meeting Minutes 7-12-22
3. Location Map
4. Development Plans
5. Conditions of Approval
Livermore City Council Agenda
July 25, 2022
6. Density Bonus Request
7. Specific Plan Link
8. Specific Plan EIR Link
9. INSP Land Plan
10. Public Comment
11. Planning Commission Supplemental Materials
12. Public Comment
Received
13. Resolution - CEQA
14. Exhibit A - Planning Commission Resolution 14-22
15. Resolution - Project
16. Exhibit A - Planning Commission Resolution 15-22
17. Exhibit B - Conditions of Approval
7. MATTERS FOR CONSIDERATION
7.1 Resolution authorizing the City Manager to purchase Renewable 100, which contains 100% renewable electricity from solar and wind sources in California, as the default electricity product for Livermore's Municipal East Bay Community Energy Accounts.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to purchase Renewable 100 as the default electricity product for Livermore’s municipal East Bay Community Energy accounts. The Renewable 100 product contains 100% renewable electricity from solar and wind sources in California.
Staff Report
Attachments:
1. Resolution
7.2 Resolution appropriating $25,000 from the Water Enterprise Fund for participation in the Pure Water Tri-Valley potable reuse demonstration project phase 2 public education and outreach efforts.
Recommendation:
Staff recommends that the City Council adopt a resolution appropriating $25,000 from the Water Enterprise Fund in Fiscal Year 2022-23 for participation in the Pure Water Tri-Valley potable reuse demonstration project phase 2 public education and outreach efforts.
Staff Report
Attachments:
1. Project Fact Sheet
2. Resolution
7.3 Resolution calling for and giving notice of the holding of a general municipal election for the submittal of an initiative entitled: "South Livermore Sewer Extension Project" to the voters of the City of Livermore and consolidating that election with the General Municipal Election to be held Tuesday, November 8, 2022.
Livermore City Council Agenda
July 25, 2022
Recommendation:
Staff recommends the City Council do the following:
1 .
Adopt the resolution consolidating the City Council initiative with the November 8, 2022 General Municipal Election and requesting services from Alameda County Registrar of Voters;
2 .
Consider appointing a subcommittee to prepare a ballot argument and rebuttal argument, or defer argument in favor of the measure to the Tri-Valley Conservancy as a bona fide proponent for the measure; and
3 .
Direct the City Clerk to transmit a copy of the measure to the City Attorney to prepare an impartial analysis of the measure.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Ballot Question and South Livermore Urban Growth Boundary Initiative
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 Monday, September 12, 2022 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and 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.
Livermore City Council Agenda
July 25, 2022
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.
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/88043799939
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 880 4379 9939
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
.
Livermore City Council Agenda
July 25, 2022
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://LivermoreCA.gov/agenda
.
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DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, ANCESTRY,
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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
July 25, 2022