CITY COUNCIL
AGENDA
MONDAY, SEPTEMBER 12, 2022
REGULAR HYBRID MEETING –
7:00 PM
SUMMER READING AWARDS - 6:30 PM
CLOSED SESSION WILL TAKE PLACE AT THE END OF THE REGULAR MEETING
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:
ZOOM WEBINAR:
***ATTENTION: Zoom update requirements found at the bottom of the agenda*** https://us02web.zoom.us/j/88614232986
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 886 1423 2986
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
Bob Woerner, Mayor
Regina Bonanno, Vice Mayor
Robert W Carling, Council Member
Brittni Kiick, Council Member
Trish Munro, Council Member
Livermore City Council Agenda
September 12, 2022
1. CALL TO ORDER
2. PROCLAMATIONS AND PRESENTATIONS
2.1 Proclamation declaring September 18 - 24, 2022 as Pollution Prevention Week presented to Jennifer Peet, Acting Source Control Coordinator with the City of Livermore.
Recommendation:
Staff recommends City Council proclaim September 18 - 24, 2022 as Pollution Prevention Week.
Staff Report
Attachments:
1. Proclamation
2.2 Livermore Housing Authority annual update presented by Executive Director Sarah Ramler.
Recommendation:
Staff recommends City Council accept the Livermore Housing Authority annual update.
Staff Report
3. CITIZENS FORUM
In conformance with the Brown Act, no City Council action can occur on items presented during Citizens Forum.
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.
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 LIBRARY SUMMER READING AWARDS - 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
September 12, 2022
card if in person or use the 'raise hand' feature if participating using Zoom.
4.1 Approval of draft minutes - July 11, 2022 Regular Meeting.
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. 2022-07-11 Draft Minutes
4.2 Adoption of an Ordinance
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
adopt 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. Redlined 2022 Conflict of Interest Code
2. Ordinance
3. Exhibit A - 2022 Conflict of Interest Code Final
4.3 Resolution authorizing acceptance for permanent maintenance and release of the security bonds and execution of a Notice of Completion for the Water Reclamation Plant Emergency Generator Project 2015-22.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the Water Reclamation Plant Emergency Generator Project 2015-22.
The City Manager is authorized to sign the Notice of Completion, a copy of which is attached as Exhibit A and incorporated by this reference.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Notice of Completion
4.4 Resolution authorizing the City Manager to execute a Second Amendment to the agreement with JR Structural Engineering, Inc. for downtown core project management services increasing the not-to-exceed contract amount from $685,000 to $910,000 and extending the term of the agreement.
Recommendation:
Staff recommends City Council adopt a resolution authorizing the City Manager to execute the
Livermore City Council Agenda
September 12, 2022
Second Amendment to the agreement with JR Structural Engineering, Inc. increasing the not- to-exceed contract amount from $685,000 to $910,000 and extending the term of the agreement to December 31, 2024, for downtown core project management services.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Second Amendment to Professional Services Agreement with JR Structural, Inc.
4.5 Resolution authorizing execution of an agreement with Black & Veatch Corporation to provide engineering design and construction support services for the Water Reclamation Plant (WRP) Ultraviolet (UV) Treatment System Replacement, Project 2021-28, in an amount not-to-exceed $951,816.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an engineering services agreement with Black & Veatch Corporation, to provide engineering design services and engineering support services during construction of the WRP UV Treatment System Replacement, Project 2021-28, in the not-to-exceed amount of $951,816.
Staff Report
Attachments:
1. Project Location
2. Resolution
3. Exhibit A - Agreement with Black & Veatch Corporation
4.6 Resolution authorizing execution of an agreement with 4 LEAF, Inc. to provide construction inspection services at the Water Reclamation Plant (WRP) in an amount not-to-exceed $546,000, as part of the Capital Improvement Project "WRP Primary and Secondary Treatment Improvements Project 2019-31".
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with 4 LEAF, Inc., to provide inspection services during construction at the Water Reclamation Plant, in the not-to-exceed amount of $546,000, as part of the Capital Improvement Project "WRP Primary and Secondary Treatment Improvements Project 2019- 31".
Staff Report
Attachments:
1. Site Plan with Scope Elements Highlighted
2. Resolution
3. Exhibit A - Agreement with 4 LEAF, Inc.
4.7 Resolution authorizing execution of an agreement with Raney Planning and Management, Inc., to provide professional environmental consulting services for the annexation and development of new light industrial/business park uses located at Surface Mining Permits 39 and 40 (located south of Jack London Boulevard and west of Isabel Avenue), in an amount
Livermore City Council Agenda
September 12, 2022
not-to-exceed $202,048.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the execution of an agreement with Raney Planning and Management, Inc. to provide professional environmental consulting services for the annexation and development of new light industrial/business park uses located at Surface Mining Permits 39 and 40 (located south of Jack London Boulevard and west of Isabel Avenue), in an amount not-to-exceed $202,048.
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - Agreement
4.8 Resolution authorizing two Purchase and Sale Agreements with Trumark Homes, for the sale of conservation easements on City-owned properties in the Springtown area and Doolan Canyon, for approximately $4 million, and authorizing an agreement with WRA, Inc. for technical assistance and peer review of mitigation materials in an amount not-to-exceed $109,000.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to:
1 .
Execute a Purchase and Sale Agreement with Trumark Homes for the sale of an approximately 200-acre conservation easement on City-owned property known as the Springtown Open Space Preserve and all related transaction documents, and non- substantive changes, including extensions.
2 .
Execute a Purchase and Sale Agreement with Trumark Homes for the sale of an approximately 133-acre conservation easement and authorizing riparian restoration activities on City-owned property known as Doolan Canyon North, and all related transaction documents and non-substantive changes, including extensions. 3 .
Execute an agreement with WRA, Inc., for technical assistance and peer review of mitigation materials including conservation easements, mitigation and management plans, and endowment agreements in an amount not-to-exceed $109,000. 4 .
Establish a special fund dedicated to the City's infrastructure, which is in line with one of the City's strategic priorities (asset management), to hold the approximately $4 million proceeds from the sale of Conservation Easements.
5 .
Establish an endowment fund pursuant to the terms of the Agreements for the long term management, monitoring, and maintenance of the Conservation Easements.
Staff Report
Attachments:
1. Springtown Property and Mitigation Boundary Map
2. Doolan Property and
Mitigation Boundary Map
3. Trumark Homes Residential Project Site
4. Resolution
5. Exhibit A - Springtown Purchase and Sale Agreement
Livermore City Council Agenda
September 12, 2022
6. Exhibit B - Doolan Canyon Purchase and Sale Agreement
7. Exhibit C - Professional Services Agreement
4.9 Resolution authorizing execution of a license agreement with East Bay Community Energy Authority, a Joint Power Authority, for installing, operating, and maintaining Level 3 electric vehicle chargers in the downtown.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a license agreement with East Bay Community Energy Authority, a Joint Power Authority, for installing, operating, and maintaining Level 3 electric vehicle chargers that will serve thirty-two parking spaces on the City of Livermore's L Street Garage property at no cost to the City.
Staff Report
Attachments:
1. EBCE Location Map
2. Resolution
3. Exhibit A - Charging Station License Agreement
4.10 Resolution approving revised appropriations in FY 2022-23, to fourteen projects in the 2021- 23 Capital Improvement Plan.
Recommendation:
Staff recommends the City Council adopt a resolution approving revised appropriations in FY 2022-23, to various projects in the 2021-23 Capital Improvement Plan.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - CIP Budget Appropriation Requests
4.11 Resolution authorizing the City Manager to execute, on behalf of Livermore-Pleasanton Fire Department Joint Powers Authority (LPFD JPA), a Purchase Order with Bauer Compressors, Inc. for 125 Self-Contained Breathing Apparatus (SCBA) and related equipment in an amount not-to-exceed $1,430,563.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute, on behalf of LPFD, and in her capacity as the Executive Director for LPFD, a Purchase Order with Bauer Compressors, Inc. for the replacement of 125 Self-Contained Breathing Apparatus (SCBA) in an amount not-to-exceed $1,430,563.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Bauer SCBA Pricing Quote
3. Exhibit B - MSA HGAC Cooperative Contract No. EE08-19
Livermore City Council Agenda
September 12, 2022
4. Exhibit C - Bauer Compressor- HGAC Contract Extension Contract No. EE08-19
4.12 Resolution authorizing execution of an agreement with CityServe of the Tri-Valley to provide crisis stabilization and intervention services to unsheltered Livermore residents in an amount not-to-exceed $134,000.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing execution of an agreement with CityServe of the Tri-Valley to provide crisis stabilization and intervention services to unsheltered Livermore residents in an amount not-to-exceed $134,000 for the period of July 1, 2022, to June 30, 2023.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement with CityServe of the Tri-Valley
4.13 Resolution authorizing execution of a standard agreement with the State of California to receive $581,440 from the
Family Homelessness Challenge Grant, appropriating the grant funds for award to the Livermore Housing Authority to support unhoused families, and authorizing the City Manager to negotiate a subrecipient agreement between the City and the Livermore Housing Authority for the grant funds.
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Authorizing the City Manager to execute the Standard Agreement between the City of Livermore and the State of California to secure the Family Homelessness Challenge Grant;
2 .
Appropriating up to $581,440 in Family Homelessness Challenge Grant funds to the Livermore Housing Authority for a grant to implement the Project; and 3 .
Authorizing the City Manager, or her designee, to negotiate, develop, and execute all documents related to the issuance of Family Homelessness Challenge Grant funds, including a subrecipient agreement with the Livermore Housing Authority, and authorizing the City Manager to take the actions necessary to carry out the purpose and intent of this resolution.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement
4.14 Resolution authorizing execution of an agreement with Meeder Public Funds, Inc. for investment management services in an amount not-to-exceed $330,000.
Recommendation:
Staff recommends that the City Council authorize the City Manager to execute a five-year agreement with Meeder Public Funds, Inc. (Meeder) for investment management services in an amount not-to-exceed $330,000.
Livermore City Council Agenda
September 12, 2022
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Meeder Public Funds, Inc Agreement
4.15 Resolution reauthorizing remote or hybrid teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361
Recommendation:
Staff recommends City Council adopt a resolution reauthorizing remote or hybrid teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361.
Staff Report
Attachments:
1. Resolution
5. PUBLIC HEARINGS - NONE.
6. MATTERS FOR CONSIDERATION
6.1 Discussion and direction regarding Comprehensive General Plan Update – Draft Land Use Alternatives
Recommendation:
Staff recommends the City Council review the Draft Land Use Alternatives for each of the specific focus areas, receive a presentation from staff, affirm that the draft land use alternatives represent an adequate range and mix of land use types, and direct staff to evaluate the alternatives for the General Plan Update.
Staff Report
Attachments:
1. Citywide Focus Area Map
2. General Plan Draft Land Use Alternative
3. Land Use Place Types Menu
4. Planning Commission and GPAC Feedback Summary
6.2 Resolution approving, authorizing, and directing a lease financing of the L Street parking garage (Livermore Village parking garage) and related improvements, the sale of Certificates of Participation, the distribution of a preliminary and final official statement, and granting to the Mayor, City Manager, Administrative Services Director, City Attorney, or designee the authority to approve the related documents and actions.
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Approving the forms of and authorizing the execution and delivery of a Site Lease,
Livermore City Council Agenda
September 12, 2022
Lease Agreement, Trust Agreement, and a Continuing Disclosure Agreement in connection with the offering and sale of the City of Livermore 2022 Certificates of Participation for the L Street parking garage project (Livermore Village Development) and authorizing the distribution of a Preliminary Official Statement and a Notice of Sale in connection therewith, and authorizing execution of necessary documents, certificates, and certain other related actions; and
2 .
Granting to the Mayor, City Manager, Administrative Services Director, City Attorney, or designee the authority to amend and execute documents, determine appropriateness of bond terms and conditions, and to carry out, give effect to, and comply with the terms and intent of the resolution.
Staff Report
Attachments:
1. Sources and Uses Table
2. Resolution
3. Exhibit A - Government Code Section 5852 disclosure
4. Exhibit B - Property Lease
5. Exhibit C - Lease Agreement
6. Exhibit D - Trust Agreement
7. Exhibit E - Preliminary Official Statement
8. Exhibit F - Notice of Sale
7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS
8. CLOSED SESSION
Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
8.1 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. (One case)
1. Save the Hill Group v. City of Livermore, et al., Alameda County Superior Court Case No.
RG19020186, First Appellate District Case No. A161573; and
8.2 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. (One case)
1. Conner v. Livermore, et al., Alameda County Superior Court Case No. RG19014344
9. ADJOURNMENT
To a Regular City Council meeting on Monday, September 26, 2022 at 7:00 pm, Civic Center
REPORT OF ACTION TAKEN IN CLOSED SESSION
Livermore City Council Agenda
September 12, 2022
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.pdf
11. 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 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.
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.
Livermore City Council Agenda
September 12, 2022
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/88614232986
It is recommended residents use updated software to successfully join and participate in a meeting. Outdated versions may limit functionality and you may not be able to provide a public comment virtually. To download the most current version, visit zoom.us/download
.
Zoom dial in phone number: 1 669 900 6833
Meeting ID: 886 1423 2986
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 [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 Livermore City Council Agenda
September 12, 2022
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
September 12, 2022