CM/75/136 Minutes DECEMBER 12, 2022
MINUTES
CITY COUNCIL
DECEMBER 12, 2022
________________________________________________________________
REGULAR MEETING
1. CLOSED SESSION - NONE
2. CALL TO ORDER – The meeting of the City Council was called to order by Mayor Bob Woerner at 7:00 pm, held virtually using Zoom and YouTube.
ROLL CALL – Present: Mayor Bob Woerner, Vice Mayor Regina Bonanno and Council Members Robert W. Carling, Brittni Kiick and Trish Munro
PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Presentation of Proclamations to Outgoing Council Members Mayor Woerner presented a proclamation to Vice Mayor Bonanno.
Vice Mayor Bonanno presented proclamations to Mayor Woerner and Council Member Munro.
City Manager Marianna Marysheva presented a departure video filmed of City staff thanking Mayor Woerner, Vice Mayor Bonanno, and Council Member Munro for the service on Council.
3.2 Proclamations for departing City Council Members from Senator Glazer.
Senator Glazer, by video, presented the proclamations to Mayor Woerner, Vice Mayor Bonanno, and Council Member Munro.
Mayor Woerner reordered to agenda to hear Item 3.3 after item 4.
3.3 THIS ITEM WAS HEARD AFTER ITEM 4 – Proclamations for departing City Council Members from Supervisor Haubert.
4. OPEN FORUM
Mayor Woerner opened the public comment period.
Alan Marling, provided a comment.
DocuSign Envelope ID: 43F278AA-264F-47BA-8B20-3864BB275C12 DECEMBER 12, 2022 Minutes CM/75/137
Tri-Valley Conservancy Board Chair Lori Souza, provided a comment.
Hayden Sidun, provided a comment.
Mel Chiong, provided a comment.
Katie Keeshen, provided a comment.
Dave McGuigan, provided a comment.
Alan Burnham, provided a comment.
There were no more speakers and the open comment period was closed.
Mayor Woerner reordered the agenda to hear item 3.3 after item 4.
3.3 Proclamations for departing City Council Members from Supervisor Haubert.
Supervisor Haubert presented the proclamations to Mayor Woerner, Vice Mayor Bonanno, and Council Member Munro
5. CONSENT CALENDAR
Item 5.2, was removed from the Consent Calendar for separate discussion and action.
Mayor Woerner opened the public comment period.
Reanna Bradford, provided comment for 5.11
Donna Cabanne, provided comment for 5.11
Jeff Kaskey, provided comment for 5.2
Alan Marling, provided comment for 5.2
Karl Wente, provided comment for the entirety of the Consent Calendar.
There were no more speakers and the public comment period was closed.
ON THE MOTION OF CM MUNRO , SECONDED BY VM BONANNO, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 5.2.
ON THE MOTION OF CM KIICK, SECONDED BY CM MUNRO, AND CARRIED ON A 3-2 VOTE, WITH VM BONANNO AND CM CARLING VOTING IN
OPPOSITION, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM
5.2. DocuSign Envelope ID: 43F278AA-264F-47BA-8B20-3864BB275C12 CM/75/138 Minutes DECEMBER 12, 2022
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: Staff recommended the City Council approve the draft minutes.
5.2 Adoption of O rdinance 2141 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 recommended 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 sig ns in the public right-of-way, clarify the event date, and reaffirm that signs violating the ordinance will be removed and confiscated.
5.3 Resolution 2022-209 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 recommended 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.
5.4 Resolution 2022-210 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 recommended 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.
5.5 Resolution 2022-211 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 recommended 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 Fi rst Amendment extends the term of the agreement until February 10, 2025 and increases the not- DocuSign Envelope ID: 43F278AA-264F-47BA-8B20-3864BB275C12 DECEMBER 12, 2022 Minutes CM/75/139
to-exceed contract amount from $600,000 to a total of $1,250,000.
5.6 Resolution 2022-212 authorizing the City Manager to execute a First Amendment to the agreem ent 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 recommended the City Council adopt a resol ution 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.
5.7 Resolution 2022-213 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 recommended 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.
5.8 Resolution 2022-214 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 recommend ed 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.
5.9 Resolution 2022-215 making findings regarding the continu ing 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 recommend ed the City Council ado pt 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.
5.10 Resolution 2022-216 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 DocuSign Envelope ID: 43F278AA-264F-47BA-8B20-3864BB275C12 CM/75/140 Minutes DECEMBER 12, 2022
(Brisa Maintenance), 2016 -1 (Sage Maintenance), 2016 -2 (Shea Properties), 2018-1 (Auburn Grove), and 2021-1 (Maintenance and Public Services).
Recommendation: Staff recommend ed 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 Maintenance), 2016 -1 (Sage Maintenance), 2016 -2 (Shea Properties), 2018 -1 (Auburn Gr ove), and 2021-1 (Maintenance and Public Services).
5.11 Update on Host Community Impact Fee Reserve Policy.
Recommendation: Staff recommended City Council receive the update.
5.12 Resolution 2022-217 reauthorizing remote or hybrid teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361.
Recommendation: Staff recommend ed City Council adopt a resolution reauthorizing remote or hybrid teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361.
6. PUBLIC HEARINGS – NONE
7. MATTERS FOR CONSIDERATION
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 recommended 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.
City Clerk Marie Weber presented the staff report.
Mayor Woerner opened the public comment period.
Karl Wente, provided comment.
Asa Strout, provided comment.
There were no more speakers and the public comment period was closed.
ON THE MOTION OF CM CARLING , SECONDED BY VM BONANNO, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2022 -218 accepting canvass of votes of the General Municipal DocuSign Envelope ID: 43F278AA-264F-47BA-8B20-3864BB275C12 DECEMBER 12, 2022 Minutes CM/75/141
Election on November 8, 2022, and adopting the Measure P Ordinance approved by the voters, assigned as Ordinance 2142.
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
City Clerk Marie Weber administered the oath of office to Mayor John Marchand, Council Member Evan Branning, and Council Member Ben Barrientos.
The City Council took a recess at 8:05 pm and reconvened at 8:15 pm.
10. CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 8:16 pm.
ROLL CALL
Present: Mayor John Marchand and Council Member s Ben Barrientos , Evan Branning, Robert W. Carling, and Brittni Kiick.
11. PROCLAMATIONS AND PRESENTATIONS
11.1 Presentation to Incoming Council Members.
City Manager Marianna Marysheva presented a welcome video filmed of City executive staff welcoming Mayor Marchand, Council Member Barrientos, and Council Member Branning to the City Council.
12. OPEN FORUM
Mayor Marchand opened the public comment period.
Alan Marling, provided a comment.
Dave McGuigan, provided a comment.
Carol Silva, provided a comment.
Karl Wente, provided a comment.
There were no more speakers and the public comment period was closed.
13. MATTERS FOR CONSIDERATION
13.1 Appointment of Vice Mayor for the period of 2022-2023.
Recommendation: Staff recommended the City Council appoint a Vice Mayor for DocuSign Envelope ID: 43F278AA-264F-47BA-8B20-3864BB275C12 CM/75/142 Minutes DECEMBER 12, 2022
the period of 2022-2023.
ON THE MOTION OF M MARCHAND, SECONDED BY CM BARRIENTOS, AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPOINTED CM KIICK AS VICE MAYOR FOR THE PERIOD OF 2022-2023.
13.2 Council Members Appointments to Intergovernmental Agencies.
Recommendation: Staff recommended the Mayor appoint Council Members to Intergovernmental Agencies, with the City Council's approval.
Mayor Marchand presented his recommendations for appointment.
Mayor Marchand opened the public comment period.
There were no speakers and the public comment period was closed.
ON THE MOTION OF M MARCHAND , SECONDED BY CM BRANNING, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE FOLLOWING APPOINTMENTS:
List of appointments – See attached document.
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 recommended 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.
ON THE MOTION OF M MARCHAND , SECONDED BY CM BRANNING, AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPOINTED COUNCIL
MEMBERS BRANNING AND CARLING TO SERVE ON THE CITY COUNCIL SUBCOMMITTEE ON ADVISORY BODIES FOR THE PERIOD OF JANUARY 1 - JUNE 30, 2023
14. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED THE FOLLOWING
SUMMARY OF RECENTLY ATTENDED EVENTS AND MEETINGS IN
ADDITION TO THE INFORMATION PROVIDED IN THE SUPPLEMENTAL PACKET.
Livermore Multi-Service center Ribbon Cutting Ceremony CM Carling noted attendance at the event on December 1, 2022.
Conversation on Housing in Livermore CM Carling noted attendance at the event on December 7, 2022.
StopWaste.org (Alameda County Waste Management Authority) CM Carling DocuSign Envelope ID: 43F278AA-264F-47BA-8B20-3864BB275C12 DECEMBER 12, 2022 Minutes CM/75/143
noted his election as the President of the Board.
Livermore Amador Valley Transit Agency (LAVTA) CM Kiick noted attendance at the November 12, 2022 Board of Directors meeting.
Livermore Holiday Sights and Sounds Parade CM Carling and CM Kiick noted their attendance at the event on December 3, 2022.
15. ADJOURNMENT – at 8:44 pm 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.
WELCOME AND FAREWELL RECEPTION IMMEDIATELY FOLLOWED THE
COUNCIL MEETING
APPROVED:
JOHN P. MARCHAND, MAYOR
ATTEST:
MARIE WEBER, CITY CLERK
DocuSign Envelope ID: 43F278AA-264F-47BA-8B20-3864BB275C12
City Council Appointments to Intergovernmental Agencies/City Bodies Appointed by the Mayor UPDATED: DECEMBER 12, 2022
Intergovernmental
Agency Delegate Alternate Date AppointedMeetings Website Alameda County
Transportation
Commission (ACTC) John Marchand Evan Branning 12/12/2022 4th
Thursday of
the month,
2:00 p.m.
https://www.alamedactc.org/
ACTC - Paratransit
Advisory and Planning
Committee (PAPCO)
Ben Barrientos
Member 12/12/2022
4th Monday
of the
month, 1:30
to 3:30 p.m. https://www.alamedactc.org/about-us/committees Altamont Landfill
Community Monitor
Committee
Ben Barrientos
Member 12/12/2022
Quarterly,
2nd
Wednesday
(Jan, Apr,
July, Oct),
4:00 p.m. https://altamontcmc.org/
Altamont Landfill Open
Space Account Advisory
Committee
Robert Carling
Member 12/12/2022
(Jan,
March, May,
July, Sept,
Nov) – 3rd
Friday of
the month,
12:30 pm to
2:30 p.m. https://www.acgov.org/bc/alosc/index.htm
Altamont Regional Traffic
Authority John Marchand Brittni Kiick 12/12/2022
At least one
regular
meeting
each year,
date and
time per
resolution. Altamont Regional Traffic Authority
Association of Bay Area
Governments (ABAG)
General Assembly Evan Branning Ben Barrientos 12/12/2022 As
announced,
1 day
program
(Other
meetings,
as
announced) ABAG
DocuSign Envelope ID: 43F278AA-264F-47BA-8B20-3864BB275C12 City Council Appointments to Intergovernmental Agencies/City Bodies Appointed by the Mayor UPDATED: DECEMBER 12, 2022
Intergovernmental
Agency Delegate Alternate Date AppointedMeetings Website Chamber of Commerce
Liaison John Marchand 12/12/2022
4th
Wednesday
of the
month, 8:00
a.m. https://www.livermorechamber.org/
East Bay Community
Choice Energy JPA
(EBCE JPA) Ben Barrientos Evan Branning 12/12/2022
3rd
Wednesday
of the
month, 6:00
p.m. https://ebce.org/meetings/
Government of
Livermore Financing
Authority (GOLFA)
John Marchand
(only Mayor)
Scott Lanphier
(only PW Dir) 12/12/2022 As needed City of Livermore and LARPD Intergovernmental
Committee (City /
LARPD / LVJUSD) Evan Branning Ben Barrientos 12/12/2022 Bi-monthly -
next date
set at end of
meeting Meetings rotates between agencies
League of California
Cities East Bay Division
(LOCC) Evan Branning Robert Carling 12/12/2022
Regular
Meetings 4th
Thursday of
each month,
7:00 p.m.
LOCC Board of Directors
Livermore-Amador
Valley Transit Authority
(LAVTA)
Evan Branning &
Brittni Kiick John Marchand 12/12/2022
1st Monday
of the
month, 4:00
p.m. http://www.wheelsbus.com/
Livermore Amador Valley
Water Management
Agency (LAVWMA) JPA
Robert Carling &
Ben Barrientos John Marchand 12/12/2022
Quarterly;
3rd Wed of
January,
April, July,
October,
6:00 p.m. https://lavwma.com/
Livermore Cultural Arts
Council (LCAC) John Marchand Evan Branning 12/12/2022 Varies http://www.lcac.org/ Livermore Downtown Inc
(LDI) Evan Branning Robert Carling 12/12/2022
Tuesday of
the month https://www.livermoredowntown.com/
DocuSign Envelope ID: 43F278AA-264F-47BA-8B20-3864BB275C12 City Council Appointments to Intergovernmental Agencies/City Bodies Appointed by the Mayor UPDATED: DECEMBER 12, 2022
Intergovernmental
Agency Delegate Alternate Date AppointedMeetings Website Livermore-Dublin City
Council Liaison
Committee John Marchand Ben Barrientos 12/12/2022 As needed Alternates between Livermore and Dublin Livermore-Pleasanton
City Council Liaison
Committee John Marchand Robert Carling 12/12/2022 As needed Al ternates between Livermore and Pleasanton Livermore-Pleasanton
Fire Department JPA
(LPFD JPA) John Marchand Brittni Kiick 12/12/2022 As needed Alternates between Livermore and Pleasanton.
Mayor and one Council Member appointed
Stockmen's Association
Liaison John Marchand 12/12/2022 As needed
P.O. Box 180 • Livermore, CA 94551-0180 • 925-
447-3008 • [email protected]
Sister Cities Committee -
Yotsukaido, Japan John Marchand Evan Branning 12/12/2022 Sister Cities Committee -
Quezaltenango,
Gutemala John Marchand Ben Barrientos 12/12/2022
Sister Cities Committee -
Snezhinsk, Russia John Marchand Robert Carling 12/12/2022 StopWaste.Org
(ACWMA and The
Alameda County Source
Reduction and Recycling
Board) Robert Carling Brittni Kiick 12/12/2022
meetings –
4th
Wednesday
of each
month, 3:00
p.m.
Subcomm
2nd Thurs
of the
month, time
varies https://www.stopwaste.org/
Tri-Valley Cities Council 12/12/2022 Quarterly
Cities of Danville, San Ramon, Dublin,
Pleasanton and Livermore
Tri-Valley Community
Television Corporation
(TVCTV) John Marchand
Marianna
Marysheva 12/12/2022 As needed
Tri-Valley Council -
Affordable Housing
Committee Robert Carling Ben Barrientos 12/12/2022 Quarterly Mayor and all Council Members
City of Livermore Sister Cities
DocuSign Envelope ID: 43F278AA-264F-47BA-8B20-3864BB275C12 City Council Appointments to Intergovernmental Agencies/City Bodies Appointed by the Mayor UPDATED: DECEMBER 12, 2022
Intergovernmental
Agency Delegate Alternate Date AppointedMeetings Website Tri-Valley-San Joaquin
Valley Regional Rail
Authority John Marchand 12/12/2022 https://www.valleylinkrail.com/ Tri-Valley Transportation
Council (TVTC) Brittni Kiick
Ben Barrientos
& rest of
Council 12/12/2022 As needed https://www.tvtc-jpa.com/
Tri-Valley Water Liaison
Committee/Agencies
Round Table Liaison
Committee
Robert Carling &
John Marchand Brittni Kiick 12/12/2022
Quarterly
when
mutually
agreed
upon by the
participating
agencies. https://www.dsrsd.com/about-us/board-committee Zone 7
Intergovernmental
Liaison Committee Robert Carling John Marchand 12/12/2022 As needed Zone 7 Tri-Valley Water Liaison Committee
DocuSign Envelope ID: 43F278AA-264F-47BA-8B20-3864BB275C12