JANUARY 23, 2023 Minutes CM/75/146
MINUTES
CITY COUNCIL
JANUARY 23, 2023
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CLOSED SESSION
CALL TO ORDER – The Closed Session of the City Council was called to order by Mayor John Marchand at 6:00 pm, held in person at 1016 S. Livermore Avenue and remotely using Zoom and YouTube.
ROLL CALL – Present: Mayor John Marchand , Vice Mayor Brittni Kiick, and Council Members, Ben Barrientos, Evan Branning and Robert W. Carling.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL
REGARDING CLOSED SESSION ITEMS.
Mayor Marchand opened the public comment period.
There were no speakers and the public comment was closed.
1. ADJOURN TO CLOSED SESSION
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.
________________________________________________________________ DocuSign Envelope ID: 1BE63C66-CB42-4965-B563-CF30032317B0 CM/75/147 Minutes JANUARY 23, 2023
REGULAR MEETING
2. CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 7:00 pm, held in person at 1016 S. Livermore Avenue and remotely using Zoom and YouTube.
ROLL CALL – Present: Mayor John Marchand and Council Members Ben Barrientos, Evan Branning and Robert W. Carling.
Absent: Vice Mayor Brittni Kiick.
PLEDGE OF ALLEGIANCE
REPORT OF ACTION TAKEN IN CLOSED SESSION
City Attorney Jason Alcala said there was no reportable action.
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 recommended 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.
Mayor Marchand presented the proclamation to Senior Advisor, Office of Government and External Affairs Nadine Horner, and Senior Director Steven Bohlen, recognizing Lawrence Li vermore National Laboratory’s achievement of fusion ignition.
3.2 Proclamation declaring January 22 - 28, 2023 as Data Privacy Week presented to City of Livermore Cybersecurity Manager Donald Hester.
Recommendation: Staff recommended City Council proclaim January 22 - 28, 2023 as Data Privacy Week.
Mayor Marchand presented the proclamation to IT Manager Steve Rodriguez declaring January 22-28, 2023, Data Privacy week.
3.3 Alameda County Mosquito Abatement District, City of Livermore 2023 update presented by Ryan Clausnitzer, General Manager.
Recommendation: Staff recommended the City Council receive the update.
DocuSign Envelope ID: 1BE63C66-CB42-4965-B563-CF30032317B0 General Manager Ryan Clausnitzer presented the update.
4. OPEN FORUM
Mayor Marchand opened the comment period.
David McGuigan provided a comment.
Shubhangi Kadhe provided a comment.
Alan Marling provided a comment.
Trish Munro provided a comment.
There were no more speakers and the comment period was closed.
5. CONSENT CALENDAR
Mayor Marchand opened the comment period.
There were no and the comment period was closed.
ON THE MOTION OF CM CARLING SECONDED BY CM BARRIENTOS, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
5.1 Approval of draft minutes - December 12, 2022 Regular Meeting.
Recommendation: Staff recommend ed the Cit y Council approve the draft minutes.
5.2 Resolution 2023-002 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 recommend ed the Cit y Council adopt a resolution authorizing the Cit y Manage r 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.
5.3 Resolution 2023 -003 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 recommende d the City Council adopt a resolution JANUARY 23, 2023 Minutes CM/75/148
DocuSign Envelope ID: 1BE63C66-CB42-4965-B563-CF30032317B0 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.
5.4 Resolution 2023 -004 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 recommend ed 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 ten percent (10%) for cost adjustments that may become necessary to cover potential model year price adjustments.
5.5 Resolution 2023-005 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 recommend ed the Cit y Council adopt a resolution authorizing receipt of funds, in the amount of $40,000, fo r a State of California Department of Alcoholi c Beverage Control grant in Fiscal Yea r 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.
5.6 Resolution 2023 -006 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 recommend ed 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.
5.7 Resolution 2023-007 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: Staff recommende d City Council adopt a resolution CM/75/149 Minutes JANUARY 23, 2023
DocuSign Envelope ID: 1BE63C66-CB42-4965-B563-CF30032317B0 JANUARY 23, 2023 Minutes CM/75/150
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.
5.8 Resolution 2023-008 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 - NONE
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
Livermore Amador Valley Transit Authority CM Branning noted his attendance at the January 9, 2023 Board meeting.
Stopwaste.org CM Carling noted his attendance at the December 14, 2023 Board and Energy Council meeting.
Altamont Landfill Open Space Account Advisory Committee CM Carling noted his attendance at the January 20, 2023 committee meeting.
Winegrowers Association CM Carling noted his attendance at the Board meeting on January 18, 2023.
Arroyo Seco Basketball Mayor Marchand noted his attendance at the tournament on December 20.
US Conference of Mayors Mayor Marchand noted his attendance at the conference the week of January 11, 2023.
MLK Jr. Prayer Breakfast Mayor Marchand noted his attendance at the breakfast on January 23, 2023.
8. ADJOURNMENT – at 7:48 pm in memory of former Mayor Dale Turner 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.
DocuSign Envelope ID: 1BE63C66-CB42-4965-B563-CF30032317B0 CM/75/151 Minutes JANUARY 23, 2023
APPROVED:
JOHN P. MARCHAND, MAYOR
ATTEST:
MARIE WEBER, CITY CLERK
DocuSign Envelope ID: 1BE63C66-CB42-4965-B563-CF30032317B0 7/11/2023 | 2:02 PM PDT