CITY COUNCIL
AGENDA
MONDAY, DECEMBER 12, 2022
VIRTUAL REGULAR MEETING –
7:00 PM
MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
TELECONFERENCE INFORMATION:
ZOOM WEBINAR:
***ATTENTION: Zoom update requirements found at the bottom of the agenda*** https://us02web.zoom.us/j/85767913303
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 857 6791 3303
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
December 12, 2022
1. CLOSED SESSION - NONE.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Presentation of Proclamations to Outgoing Council Members
3.2 Proclamations for departing City Council Members from Senator Glazer.
3.3 Proclamations for departing City Council Members from Supervisor Haubert.
4. OPEN FORUM
In conformance with the Brown Act, no City Council action can occur on items presented during Open 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).
Open Forum will conclude after 30 minutes; however, if there are additional speakers, Open Forum will reconvene before the meeting adjourns.
4.1 Public Comment received.
Attachments:
1. Public Comment Received
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 Approval of draft minutes - November 14, 2022 Regular Meeting, November 21, 2022 Special Closed Session Meeting, and November 28, 2022 Regular Meeting.
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
December 12, 2022
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. 2022-11-14 Draft Regular Meeting Minutes
2. 2022-11-21 Draft Special Closed Session Meeting Minutes
3. 2022-11-28 Draft Regular Meeting Minutes
5.2 Adoption of an ordinance
revising and amending Section 4.06.140 (Temporary Signs) Chapter 4.06 (Sign Standards) in the Livermore Development Code to restrict the display of temporary signs in the public right-of-way, clarify the event date, and reaffirm that signs violating the ordinance will be removed and confiscated.
Recommendation:
Staff recommends City Council adopt an ordinance revising and amending Section 4.06.140 (Temporary Signs) Chapter 4.06 (Sign Standards) in the Livermore Development Code to restrict the display of temporary signs in the public right-of-way, clarify the event date, and reaffirm that signs violating the ordinance will be removed and confiscated.
Staff Report
Attachments:
1. Ordinance
5.3 Resolution authorizing acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the 2022 Stream Maintenance by Contractors, Project 2022-23.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the 2022 Stream Maintenance by Contractors Project 2022-23 and authorize the City Manager to sign the Notice of Completion, a copy of which is attached as Exhibit A to the resolution.
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - Notice of Completion
5.4 Resolution authorizing acceptance for permanent maintenance, release of the security bonds and execution of a Notice of Completion for the Granada Channel Pipe Replacement at Union Pacific Railroad (UPRR), Project 2020-35.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the Granada Channel Pipe Replacement at UPRR, Project 2020-35 and authorizing the City Manager to sign the Notice of Completion, a copy of which is attached as Exhibit A to the resolution.
Livermore City Council Agenda
December 12, 2022
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - Notice of Completion 2020-35
5.5 Resolution authorizing the City Manager to execute a first amendment to the agreement with Quincy Engineering, for on-call engineering services, increasing the total not-to-exceed amount to $1,250,000 and extending the term of the agreement to February 10, 2025.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a first amendment to the agreement with Quincy Engineering for on-call engineering services.
The First Amendment extends the term of the agreement until February 10, 2025 and increases the not-to-exceed contract amount from $600,000 to a total of $1,250,000.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - First Amendment to Engineering Services Agreement
5.6 Resolution authorizing the City Manager to execute a First Amendment to the agreement with Schaaf & Wheeler for on-call engineering services, increasing the not-to-exceed amount to $500,000 and extending the term of the agreement two additional years to December 31, 2024.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a First Amendment to the agreement with Schaaf & Wheeler for on-call engineering services.
The First Amendment extends the term of the agreement until December 31, 2024 and increases the not-to-exceed amount from $300,000 to a total of $500,000.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - First Amendment to Engineering Services Agreement
5.7 Resolution authorizing the execution of an agreement with Milliken Services, LLC in an amount not-to-exceed $668,678 to replace carpet and flooring throughout the City Hall building.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the execution of an agreement with Milliken Services, LLC to replace carpet and flooring throughout the City Hall building in an amount not-to-exceed $668,678.
Staff Report
Livermore City Council Agenda
December 12, 2022
Attachments:
1. Omnia Cooperative Purchasing Contract
2. Resolution
3. Exhibit A - Milliken Services, LLC Agreement
5.8 Resolution authorizing execution of an amendment to the disposition, development, and loan agreement with Satellite Affordable Housing Associates and Interfaith Housing, Inc. for development of the Pacific Avenue Senior housing site.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute, on behalf of the City of Livermore, the first amendment to Disposition Development and Loan Agreement with Satellite Affordable Housing Associates and Interfaith Housing, Inc., for development of the
Pacific Avenue Senior housing site, that is attached as Exhibit A to the proposed resolution for this item, and all other documents necessary to implement that agreement.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - First Amendment to the DDLA
5.9 Resolution making findings regarding the continuing need for unexpended balances of Development Impact Fees as of June 30, 2022 and accepting the Annual Report of Development Fee and Connection Fee Revenues and Expenditures for Fiscal Year 2021-22.
Recommendation:
Staff recommends the City Council adopt a resolution making findings regarding the continuing need for unexpended balances of Development Impact Fees as of June 30, 2022 and accepting the Annual Report of Development Fee and Connection Fee Revenues and Expenditures for Fiscal Year 2021-22.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Annual Report of Development Fee and Connection Fee Revenues and Expenditures Fiscal Year 2021-22
5.10 Resolution accepting annual special tax and bond accountability reports for Fiscal Year 2020- 21 Community Facilities District No. 99-1 (Tri-Valley Technology Park), 2009-1 (El Charro), 2012-1 (El Charro Maintenance), 2015-1 (Brisa Maintenance), 2016-1 (Sage Maintenance), 2016-2 (Shea Properties), 2018-1 (Auburn Grove), and 2021-1 (Maintenance and Public Services).
Recommendation:
Staff recommends the City Council adopt a resolution accepting annual special tax and bond accountability reports for Fiscal Year 2020-21 Community Facilities District No. 99-1 (Tri- Valley Technology Park), 2009-1 (El Charro), 2012-1 (El Charro Maintenance), 2015-1 (Brisa
Livermore City Council Agenda
December 12, 2022
Maintenance), 2016-1 (Sage Maintenance), 2016-2 (Shea Properties), 2018-1 (Auburn Grove), and 2021-1 (Maintenance and Public Services).
Staff Report
Attachments:
1. Resolution
2. Exhibit A - STBAR CFD 99-1 Tri-Valley
3. Exhibit B - STBAR 2009-1 El Charro
4. Exhibit C - STBAR CFD 2012-1 El Charro
5. Exhibit D - STBAR CFD 2015-1 Brisa
6. Exhibit E - STBAR CFD 2016-1 Sage
7. Exhibit F - STBAR CFD 2016-2 Shea Properties
8. Exhibit G - STBAR CFD 2018-1 Auburn Grove
9. Exhibit H - STBAR CFD 2021-1 Maintenance and Public Services
5.11 Update on Host Community Impact Fee Reserve Policy.
Recommendation:
Staff recommends City Council receive the update.
Staff Report
Attachments:
1. HFH 2012 Host Community Impact Fees Report
2. HCIF Projected Revenues vs. Actual Revenues
3. Estimated Replacement Costs for Bankhead Theater
4. Projected Fund Balance
5.12 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
6. PUBLIC HEARINGS - NONE.
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. 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).
Livermore City Council Agenda
December 12, 2022
7.1 Resolution accepting the Canvass of Votes for the November 8, 2022 General Municipal Election and an ordinance adopting Measure P approved by the voters.
Recommendation:
Staff recommends the City Council adopt a resolution accepting the canvass of votes as certified by the Alameda County Registrar of Voters for the November 8, 2022 General Municipal Election, and adopt the ordinance approved by the voters as Measure P.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - November 8 2022 Election Certification
3. Exhibit B - Ordinance Adopting Measure P
8. ADJOURNMENT - Adjournment sine die.
9. DELIVERY OF CERTIFICATES OF ELECTION AND
ADMINISTRATION OF OATH OF OFFICE TO:
JOHN MARCHAND - MAYOR
EVAN BRANNING - DISTRICT 1
BEN BARRIENTOS - DISTRICT 2
10. CALL TO ORDER
11. PROCLAMATIONS AND PRESENTATIONS
11.1 Presentation to Incoming Council Members.
12. OPEN FORUM
In conformance with the Brown Act, no City Council action can occur on items presented during Open 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.
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
ROLL CALL
Council Member Ben Barrientos
Council Member Evan Branning
Council Member Robert W. Carling
Council Member Brittni Kiick
Mayor John Marchand
Livermore City Council Agenda
December 12, 2022
as live comments during the meeting).
Open Forum will conclude after 30 minutes; however, if there are additional speakers, Open Forum will reconvene before the meeting adjourns.
13. 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).
13.1 Appointment of Vice Mayor for the period of 2022-2023.
Recommendation:
Staff recommends the City Council appoint a Vice Mayor for the period of 2022-2023.
Staff Report
13.2 Council Members Appointments to Intergovernmental Agencies.
Recommendation:
Staff recommends the Mayor appoint Council Members to Intergovernmental Agencies, with the City Council's approval.
Staff Report
Attachments:
1. Intergovernmental Agency Roster
13.3 Appointment of Council Members to the City Council Subcommittee on Advisory Bodies for the period of January 1 - June 30, 2023.
Recommendation:
Staff recommends the Mayor appoint two Council Members to serve on the City Council Subcommittee on Advisory Bodies for the period of January 1 - June 30, 2023, with the City Council's approval.
Staff Report
14. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS
15. ADJOURNMENT
To a Regular City Council meeting on Monday, January 9, 2023 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.
16. SUPPLEMENTAL MATERIALS
16.1 Supplemental materials received prior to the meeting.
WELCOME AND FAREWELL RECEPTION IMMEDIATELY FOLLOWING COUNCIL
MEETING
Livermore City Council Agenda
December 12, 2022
Staff Report
Attachments:
1. Supplemental Materials
16.2 Supplemental materials received at the meeting.
Staff Report
Attachments:
1. Items Received at the Meeting
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).
Open 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.
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.
Livermore City Council Agenda
December 12, 2022
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/85767913303
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: 857 6791 3303
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
December 12, 2022
Livermore City Council Agenda
December 12, 2022