CITY COUNCIL
AGENDA
MONDAY, JANUARY 23, 2023
REVISED REGULAR HYBRID MEETING – 7:00 PM
* Item 5.7 added Attachment 3
CLOSED SESSION - 6:00 PM
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:
https://us02web.zoom.us/j/89386285540
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 893 8628 5540
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
TV29:
Comcast TV Channel 29
tv29.org
John P Marchand, Mayor
Brittni Kiick, Vice Mayor
Ben Barrientos, Council Member
Evan Branning, Council Member
Robert W Carling, Council Member
Livermore City Council Agenda January 23, 2023
1. CLOSED SESSION - 6:00 PM
Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
Note: This Closed Session my be continued to the end of the Regular Meeting.
1.1 Conference with Legal Counsel - Anticipated Administrative Enforcement and Anticipated Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(4) to decide whether to initiate a City Tax Collector administrative enforcement action to collect unpaid business license taxes, or to initiate litigation, based on existing facts and circumstances, and to provide direction on a proposed settlement. (One case.) Unpaid Business Tax License Tax – Lawrence Livermore National Security, LLC, and settlement proposal.
1.2 Conference with Labor Negotiator, Conference Joint Powers Agency Confidential Information.
To meet with Administrative Services Director, Tina Olson, Human Resources Manager, Nancy Dias, Senior Human Resources Analyst Kristen Hilton, and Tim Davis, the City's and the Livermore-Pleasanton Fire Department's negotiators, pursuant to Government Code sections 54957.6 and 54956.96, regarding the Livermore-Pleasanton Fire Department Joint Powers Authority's negotiations with The International Association of Firefighters, Local 1974, AFL-CIO-CLC for the Battalion Chief's unit.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Proclamation recognizing Lawrence Livermore National Laboratory's achievement of fusion ignition presented to Nadine Horner, Senior Advisor, Office of Government and External Affairs Lawrence Livermore National Laboratory and Steven Bohlen, Senior Director, Government and External Affairs Lawrence Livermore National Laboratory.
Recommendation:
Staff recommends City Council present a proclamation to Lawrence Livermore National Laboratory in recognition of achieving fusion ignition at their National Ignition Facility on Dec. 5, 2022.
ROLL CALL
Council Member Ben Barrientos
Council Member Evan Branning
Council Member Robert W. Carling
Vice Mayor Brittni Kiick
Mayor John Marchand
PLEDGE OF ALLEGIANCE
REPORT OF ACTION TAKEN IN CLOSED SESSION
Livermore City Council Agenda January 23, 2023
Staff Report
Attachments:
1. Proclamation
3.2 Proclamation declaring January 22 - 28, 2023 as Data Privacy Week presented to City of Livermore Cybersecurity Manager Donald Hester.
Recommendation:
Staff recommends City Council proclaim January 22 - 28, 2023 as Data Privacy Week.
Staff Report
Attachments:
1. Proclamation
3.3 Alameda County Mosquito Abatement District, City of Livermore 2023 update presented by Ryan Clausnitzer, General Manager.
Recommendation:
Staff recommends the City Council receive the update.
Staff Report
4. 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 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.
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 submit a speaker card if in person or use the 'raise hand' feature if participating using Zoom. 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 - December 12, 2022 Regular Meeting.
Recommendation:
Livermore City Council Agenda January 23, 2023
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. 2022-12-12 Draft Regular Meeting Minutes
5.2 Resolution authorizing the City Manager to execute a first amendment to the agreement with HMH Engineers, to provide on call engineering services, increasing the not-to-exceed agreement amount from $600,000 to $1,200,000 and extending the term of the agreement to December 31, 2025.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a first amendment to the Engineering Services Agreement with HMH Engineers, to provide on call engineering services, increasing the not-to-exceed agreement amount from $600,000 to $1,200,000 and extending the term of the agreement to December 31, 2025.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - First Amendment to Engineering Services Agreement with HMH Engineers
5.3 Resolution authorizing the City Manager to execute a third amendment to the agreement with Swaim Biological, Inc, for on-call environmental support services, increasing the not-to-exceed agreement amount from $800,000 to $1,200,000, and extending the term of the agreement to December 31, 2025.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a third amendment to the Professional Services Agreement with Swaim Biological, Inc. for on- call environmental support services. The Third Amendment increases the not-to-exceed agreement amount from $800,000 to $1,200,000 and extends the term of the agreement to December 31, 2025.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Third Amendment to Professional Services Agreement with Swaim Biological, Inc.
5.4 Resolution authorizing a purchase order with Peterson Truck Inc. in the amount of $430,733 with a financial contingency in an amount not-to-exceed ten percent (10%), for a replacement Crane Truck in the Water Resources Division of the Public Works Department.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing execution of a Purchase Order with Peterson Truck Inc. for a replacement Crane Truck for use by the Water Resources Division, in the amount of $430,733 and a financial contingency in an amount not-to-exceed Livermore City Council Agenda January 23, 2023
ten percent (10%) for cost adjustments that may become necessary to cover potential model year price adjustments.
Staff Report
Attachments:
1. Sourcewell Navistar Contract #060920 NVS
2. Peterson Truck Quote HV607- Manitex 30100C CRANE UNIT
3. Resolution
5.5 Resolution authorizing receipt and appropriation of funds, in the amount of $40,000, for the State of California Department of Alcoholic Beverage Control grant to support Livermore Police Department enforcement and education efforts related to the responsible service of alcoholic beverages.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing receipt of funds, in the amount of $40,000, for a State of California Department of Alcoholic Beverage Control grant in Fiscal Year 2022-23 and authorize the Chief of Police to execute the grant agreement.
Additionally, staff recommends City Council approve a supplemental appropriation of $40,000 in the police department budget to support the execution of the grant.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Department of Alcoholic Beverage Control Grant Agreement
5.6 Resolution ratifying an agreement with the California State Library to accept a $44,750 grant to be used to support the Livermore Public Library's English as a Second Language (ESL) programs and services, and approving appropriation of these funds during FY 2022-23.
Recommendation:
Staff recommends the City Council adopt a resolution ratifying the agreement with the California State Library that authorizes the acceptance of $44,750 in grant funds to be used by the Livermore Public Library for English as a Second Language (ESL) services, supplies, supports, and programs, and approving the appropriation authorizing the expenditure of the accepted funds in FY 2022-23.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - California State Library State Funded Grants Award Agreement and Certificate of Compliance
5.7 Resolution authorizing the City Manager to execute a Letter of Intent with the Alameda County Fire Department to negotiate the terms of a proposal for ambulance services and/or emergency medical services in Alameda County.
Recommendation:
Livermore City Council Agenda January 23, 2023
Staff recommends City Council adopt a resolution authorizing the City Manager to execute a letter of intent with the Alameda County Fire Department to negotiate the terms of a proposal for ambulance services and/or emergency medical services in Alameda County.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Letter of Intent
3. Correspondence from City Manager
5.8 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 - 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).
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS
9. ADJOURNMENT
To a Special City Council workshop on Thursday, February 2, 2023 at 4:00 pm, and a Regular City Council Meeting on Monday, February 13, 2023 at 7:00 pm held at the Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.
10. SUPPLEMENTAL MATERIALS
10.1 Supplemental materials received at the meeting.
Staff Report
Attachments:
1. Materials Received at the meeting
Livermore City Council Agenda January 23, 2023
11. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING
You can participate in the meeting in a number of ways:
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 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.
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 Livermore City Council Agenda
January 23, 2023
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/89386285540
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: 893 8628 5540
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://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
January 23, 2023