CITY COUNCIL
AGENDA
MONDAY, NOVEMBER 14, 2022
VIRTUAL REGULAR MEETING –
7:00 PM
MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
TELECONFERENCE INFORMATION:
Due to technical difficulties this meeting will be held virtually only.
ZOOM WEBINAR:
***ATTENTION: Zoom update requirements found at the bottom of the agenda*** https://us02web.zoom.us/j/89153222777
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 891 5322 2777
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
TV29:
Comcast TV Channel 29
tv29.org
Bob Woerner, Mayor
Regina Bonanno, Vice Mayor
Robert W Carling, Council Member
Brittni Kiick, Council Member
Trish Munro, Council Member
Livermore City Council Agenda
November 14, 2022
1. CLOSED SESSION - None.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Proclamation declaring November 2022 as National Native American Heritage Month presented to Tina Henson with Livermore American Indian Center.
Recommendation:
Staff recommends City Council proclaim November 2022 as National Native American Heritage Month.
Staff Report
Attachments:
1. Proclamation
3.2 Historic Preservation Commission annual update presented by Chair Vic Avila.
Recommendation:
Staff recommends City Council receive the Historic Preservation Commission annual update.
Staff Report
3.3 Confirmation of Advisory Body appointments to the Beautification Committee, Commission for the Arts, Human Services Commission, and Livermore Housing Authority, and direct the City Clerk to administer the oath of office.
Recommendation:
The City Council Subcommittee on Advisory Bodies recommends the City Council confirm the advisory body appointments to the Beautification Committee, Commission for the Arts, Human Services Commission, and Livermore Housing Authority, and direct the City Clerk to administer the oath of office.
Staff Report
3.4 Presentation from East Bay Community Energy (EBCE) presented by JP Ross, Vice President of Local Development, Electrification, and Innovation.
Recommendation:
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
November 14, 2022
Staff recommends the City Council receive an update from East Bay Community Energy about local development programs available to EBCE member jurisdictions.
Staff Report
3.5 Update on drought and water conservation presented by Water Resources Division Manager, Anthony Smith and California Water Service Company.
Recommendation:
Staff recommends the City Council receive an update on the City's efforts to address the current drought, including steps taken to conserve water and to educate other residential and commercial users on water conservation.
Staff Report
Attachments:
1. City Drought Public Outreach Plan
3.6 Livermore Airport Development and Hangar Waitlist Policy Updates.
Recommendation:
Information only. No action from Council is recommended.
Staff Report
4. CITIZEN'S FORUM
In conformance with the Brown Act, no City Council action can occur on items presented during Citizen's 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.
Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
Citizen's Forum will conclude after 30 minutes; however, if there are additional speakers, Public 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. Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
5.1 Resolution authorizing the City Manager to execute an agreement with Tyler Technologies, Inc for Enterprise Resource Planning Software to replace the City of Livermore's financial and human resources software in an amount not-to-exceed
$1,995,868
.
Livermore City Council Agenda
November 14, 2022
Recommendation:
Staff recommends that City Council adopt a resolution authorizing the City Manager to execute an agreement with Tyler Technologies, Inc (Tyler) for Enterprise Resource Planning software (ERP) to replace the City of Livermore's (the City) dated financial and human resources system.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Tyler Contract
5.2 Resolution authorizing execution of the first amendment to the agreement with Street Plans for the East Avenue Corridor Study Phase II project to pilot multiple intersection improvements, extend the term to June 30, 2024 and increase the not-to-exceed amount from $198,000 to $496,200.
Recommendation:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the First Amendment to the Professional Services Agreement with Street Plans for the East Avenue Corridor Study Phase II project and all other necessary documents to implement that agreement.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - First Amendment - Professional Services Street Plans
5.3 Resolution authorizing an increase in the construction contract change order allowance by $237,441 to a cumulative not-to-exceed amount of $588,141 for the Livermorium Plaza at Mills Square Park, Project No. 2014-36; and a
uthorizing the acceptance for permanent
maintenance and release of the security bonds for the Livermorium Plaza at Mills Square Park Project.
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Authorizing an increase in the construction contract change order allowance by $237,441 to a cumulative not to exceed amount of $588,141 for the Livermorium Plaza at Mills Square Park, Project No. 2014-36; and
2 .
Authorizing the acceptance for permanent maintenance and release of the security bonds for the Livermorium Plaza at Mills Square Park Project. 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
Livermore City Council Agenda
November 14, 2022
5.4 Resolution approving an amendment to the City of Livermore Salary Plan to reflect market equity adjustments for Water Resources Mechanic I and Water Resources Mechanic II.
Recommendation:
Staff recommends the City Council adopt a resolution approving the City of Livermore Salary Plan as of November 2022, in accordance with California Code of Regulations, Title 2, Section 570.5.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Salary Plan Effective November 2022
5.5 Resolution authorizing the execution of Project and Program Grant Agreements with Anne Giancola, East Bay Holocaust Education Center, Las Positas College Foundation, and Livermore Art Association, consistent with the City's Public Art Policy.
Recommendation:
The Commission for the Arts and staff recommend the City Council adopt a resolution approving the applications and authorizing the execution of the following Project and Program Grant Agreements:
1 .
Anne Giancola-$5,000 for the Wind Power Temporary Public Art Project 2 .
East Bay Holocaust Education Center-$10,000 for "Violins of Hope" 3 .
Las Positas College Foundation-$10,000 for the 2023 Las Positas Literary Arts Festival "LPC Lit Fest"
4 .
Livermore Art Association- $2,800 for the 2023 Livermore Art Association Spring Art Show
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Anne Giancola Agreement
3. Exhibit B - East Bay Holocaust Education Center Agreement
4. Exhibit C - Las Positas College Foundation Agreement
5. Exhibit D - Livermore Art Association Agreement
5.6 Resolutions approving revisions to the City Council's Rules of Procedure and the City Council's Norms, Values and Principles of Governance.
Recommendation:
The City Council Subcommittee recommends the City Council adopt resolutions approving the revisions to the City Council's Rules of Procedure and the City Council's Norms, Values, and Principles of Governance.
Staff Report
Attachments:
1. Redline Changes to Draft Rules
2. Resolution - Adopting Revised Norms
Livermore City Council Agenda
November 14, 2022
3. Exhibit A - Norms, Values and Principles of Governance
4. Resolution - Adopting Revised Rules
5. Exhibit A - Rules of Procedure
5.7 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
5.8 Introduction of an ordinance
amending Livermore Municipal Code Chapter 15.26 Green
Building Standards Code to include an
onsite
exception for non-combustion fuel cells to
produce electricity.
Recommendation:
Staff recommends the City Council waive the first reading and introduce an ordinance with an effective date of January 1, 2023, to a
mend Chapter 15.26 (Green Building Standards Code)
in The Livermore Municipal Code
to include an
onsite
exception for non-combustion fuel cells
to produce electricity.
Staff Report
Attachments:
1. Ordinance
6. PUBLIC HEARINGS
Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
6.1 Hearing to consider a request to amend Development Agreement 18-001 for the Lassen Road Townhomes project to revise the performance schedule to accommodate regulatory permitting of the off-site improvements
(DAA 21-002).
Recommendation:
The Planning Commission and Staff recommend the City Council:
1 .
Adopt a resolution finding the First Amendment to Development Agreement 18-001 is within the scope of the Lassen Road Townhomes Initial Study and Mitigated Negative Declaration in accordance with the California Environmental Quality Act 2 .
Introduce an ordinance
amending Development Agreement 18-001 for the Lassen
Road Townhomes project
(DAA 21-002).
Livermore City Council Agenda
November 14, 2022
Staff Report
Attachments:
1. City Council Report - November 23, 2020
2. Location Map
3. Draft 10-04-22 PC Meeting Minutes
4. Resolution - CEQA
5. Exhibit A - PC Reso 22-22
6. Ordinance
7. Exhibit A - First Amendment to Lassen DA 18-001
8. Exhibit B - PC Reso 22-22
6.2 Resolution authorizing, approving and adopting an amended Permanent Local Housing Allocation (PLHA) program five year plan and authorizing the City Manager to apply for PLHA funds from the State Department of Housing and Community Development for supportive shared housing projects and the Vineyard 2.0 housing resource center.
Recommendation:
Staff recommends the City Council adopt a resolution amending the PLHA Plan for 2019-2023 allocations, which is attached to the resolution as Exhibit A, and authorizing the City Manager, or her designee, to execute the PLHA program application, the PLHA standard agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the PLHA program or the PLHA grant awarded to the City of Livermore.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - PLHA Program Five Year Plan
6.3 Hearing to consider amending the Livermore Development Code regarding temporary signs, including Section 4.06.140, to update regulations relating commercial and non-commercial temporary signs in all zoning districts.
Recommendation:
a) Based on City Council direction, staff recommends the City Council waive the first reading and
introduce an ordinance
approving Development Code Amendment 22-003, Temporary
Signs, to update sections relating to the location, time of day, and number of days for commercial and non-commercial temporary signs in all zoning districts.
or
b) As an alternative to the Development Code Amendment requested by the City Council, the Mayor recommends the City Council waive the first reading and introduce an ordinance
to
prohibit the placement of all temporary signs in the public right-of-way in commercial, industrial, and residential zoning districts.
Staff Report
Attachments:
1. July 27 2020 Staff Report
Livermore City Council Agenda
November 14, 2022
2. Council Direction LDC - Redline Edits
3. Council Direction Ordinance, DCA 22-003
4. Mayor Alternative LDC - Redline Edits
5. Mayor Alternative Ordinance, DCA 22-003
7. MATTERS FOR CONSIDERATION
Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
7.1 Discussion and direction regarding the Livermore Cultural Arts Vision entitled: Creative Livermore: A Plan for the Future of the Arts and Culture.
Recommendation:
The Commission for the Arts and staff recommend the City Council discuss and provide direction on the Livermore Cultural Arts Vision entitled: Creative Livermore: A Plan for the Future of the Arts and Culture.
Staff Report
Attachments:
1. Creative Livermore: A Plan for the Future of the Arts and Culture
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS
9. ADJOURNMENT
To a Special City Council Closed Session meeting on Monday, November 21, 2022 at 5:00 pm and a Regular City Council meeting on Monday, November 28, 2022 at 7:00 pm, held at the Council Chambers Civic Center Meeting Hall, 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:
Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
Citizen's 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 Livermore City Council Agenda
November 14, 2022
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.
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
or Comcast Channel 29
YouTube:
h
ttp://youtube.com/c/CityofLivermoreCalifornia
Zoom Webinar:
https://us02web.zoom.us/j/89153222777
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.
Livermore City Council Agenda
November 14, 2022
To download the most current version, visit
zoom.us/download
.
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 891 5322 2777
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 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
November 14, 2022