CITY COUNCIL
REVISED AGENDA
* Added Item 5.13
MONDAY, FEBRUARY 27, 2023
REGULAR HYBRID MEETING – 7:00 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:
***ATTENTION: Zoom update requirements found at the bottom of the agenda*** https://us02web.zoom.us/j/83576000992
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 835 7600 0992
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 February 27, 2023
1. CLOSED SESSION - NONE.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Library Board of Trustees annual update presented by Chair Richard Hunt.
Recommendation:
Staff recommends City Council accept the Library Board of Trustees annual 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 - January 23, 2023 Regular Meeting.
Recommendation:
Staff recommends the City Council approve the draft minutes.
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
Livermore City Council Agenda February 27, 2023
Staff Report
Attachments:
1. 2023-01-23 Draft Minutes
5.2 Resolution authorizing the City Manager to execute an agreement with Precision Emprise, LLC, dba Precision Concrete Cutting for concrete cutting services in an amount not-to-exceed $500,000.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Precision Emprise, LLC, dba Precision Concrete Cutting, to provide concrete cutting services to remove tripping hazards from City sidewalks, in an amount not-to- exceed $500,000.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - General Services Agreement
5.3 Resolution authorizing a supplemental appropriation in the amount of $3,885,855 to Fiscal Year 2023-24 and awarding and authorizing execution of an agreement with MCK Services, Inc. in an amount not-to-exceed $4,177,882, for construction of the 2021 Street Resurfacing, Project No. 2021-01.
Recommendation:
Staff recommends the City Council adopt a resolution for the 2021 Street Resurfacing Project 2021-01:
1 .
Authorizing a supplemental appropriation of $3,885,855 in Solid Waste & Recycling Impact Fee funds (Fund 344) from Fiscal Year 2022-23 to Fiscal Year 2023-24; 2 .
Awarding a construction contract to MCK Services, Inc., in the amount of $4,177,882, and authorizing the City Manager to sign the agreement; 3 .
Rejecting all other bids or proposals, and
4 .
Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution including approving minor changes to the proposed agreement.
Staff Report
Attachments:
1. Street List
2. Location Map
3. Resolution
4. Exhibit A - Construction Contract with MCK Services, Inc.
5.4 Resolution authorizing execution of an agreement with Block by Block-CA, Inc., a California Corporation, to provide the Community Ambassador Program, bio-hazard clean-up, and safety services for a 27-month term in the total amount not-to-exceed $664,846.
Livermore City Council Agenda
February 27, 2023
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Block by Block-CA, Inc. ("Block by Block"), a California Corporation, for a term of 27-months, beginning March 1, 2023, and ending June 30, 2025, to provide the Community Ambassador Program, bio-hazard clean-up, and safety services in an amount not- to-exceed $664,846.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Block by Block Signed
5.5 Resolution authorizing execution of a master license agreement with East Bay Community Energy Authority, a Joint Power Authority, for installing, operating, and maintaining Level 3 fast electric vehicle chargers at various city-owned properties.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a master license agreement with East Bay Community Energy Authority, a Joint Power Authority, for installing, operating, and maintaining Level 3 fast electric vehicle chargers at various city-owned properties at no cost to the city.
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - EBCE Master License Agreement
5.6 Resolution authorizing a confidentiality agreement with PlaceWorks Inc. to allow access to City tax data for the General Plan Update fiscal impact analysis and making additional designations of staff authorized to receive and review sales or transactions and use tax records.
Recommendation:
Staff recommends City Council adopt a resolution authorizing a Confidentiality Agreement allowing PlaceWorks Inc., the City’s third-party consultant, to have access to the confidential tax information and authorizing additional staff members to receive and review sales or transactions and use tax records for the purposes of analyzing the fiscal impacts of changing land uses under the General Plan Update.
Staff Report
Attachments:
1. September 12, 2022 CC Staff Report
2. Resolution
3. Exhibit A - Confidentiality Agreement
4. Exhibit B - CDTFA Designation Letter
5.7 Resolution authorizing a Second Amendment to the agreement with Housing Consortium of
Livermore City Council Agenda
February 27, 2023
the East Bay (HCEB) for property management services at certain City-owned commercial and residential properties and authorizing an appropriation of $95,000 in Housing Trust Funds for the additional scope of work described in the second amendment.
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Authorizing the City Manager, or her designee, to execute a Second Amendment to the agreement with Housing Consortium of the East Bay for property management services for 141-149 North Livermore Avenue, 241 North M Street, and 2500 Railroad Avenue, adding a scope of work for hazard remediation and rehabilitation of 141-A North Livermore Avenue, extending the term of the agreement through June 30, 2023, and including a budget not-to-exceed $150,000; and,
2 .
Authorizing an appropriation of $95,000 from the Housing Trust Fund (F611) to pay for the additional scope of work.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Second Amendment to Professional Services Agreement
5.8 Resolution authorizing the City Manager, or her designee, to negotiate and execute any related documents, agreements, and modifications with Alameda County and the subgrantee, Abode Services, for the allocation of an additional $25,000 of prior year unexpended HOME grant funds to the FY 2022-23 Tenant-Based Rental Assistance (TBRA) program.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager, or her designee, to negotiate and execute any related documents, agreements, and modifications with Alameda County and the subgrantee, Abode Services, for the allocation of an additional $25,000 of prior year unexpended HOME grant funds to the FY 2022-23 Tenant-Based Rental Assistance (TBRA) program.
Staff Report
Attachments:
1. Resolution
5.9 Resolution approving the Altamont Settlement Agreement Education Advisory Board's $650,000 Expenditure Plan for FY 2023-24.
Recommendation:
Staff recommends the City Council adopt a resolution approving the Altamont Settlement Agreement Education Advisory Board's $650,000 Expenditure Plan for FY 2023-24.
Staff Report
Attachments:
1. 2022 Annual Report
2. Resolution
Livermore City Council Agenda
February 27, 2023
3. Exhibit A - 2023 Expenditure Plan
5.10 Resolution accepting the Annual Comprehensive Financial Report (ACFR) and Other Audit Reports for the Fiscal Year ended June 30, 2022.
Recommendation:
Staff recommends the City Council adopt a resolution accepting the following reports for Fiscal Year 2021-22 as completed:
Annual Comprehensive Financial Report, and ratify and approve the audited financial statements presented therein in accordance with Government Code §37208; Alameda County Transportation Commission Measure B Program Financial Statements;
Alameda County Transportation Commission Measure BB Program Financial Statements;
Alameda County Transportation Commission Vehicle Registration Fee (VRF) Measure F Program Financial Statements;
Agreed Upon Procedures for Compliance with the Proposition 111 2021-22 Appropriations Limit Increment.
Memorandum of Internal Control;
Required Communications.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - FY 2021-22 Annual Comprehensive Financial Report
3. Exhibit B - FY 2021-22 Measure B
4. Exhibit C - FY 2021-22 Measure BB
5. Exhibit D - FY 2021-22 Vehicle Registration Fee Measure F
6. Exhibit E - FY 2021-22 Appropriation Limit Report
7. Exhibit F - FY 2021-22 Memorandum on Internal Control
8. Exhibit G - FY 2021-22 Required Communication
5.11 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
5.12 Ratification of Council Member appointments to intergovernmental agencies.
Recommendation:
Livermore City Council Agenda February 27, 2023
5.13 Staff recommends the Mayor and City Council Members ratify changes made to intergovernmental agency appointments.
Staff Report
Attachments:
1. Intergovernmental Agency Appointments
Resolution of continued local emergency.
Recommendation:
Staff recommends the City Council adopt a resolution of continued local emergency.
Staff Report
Attachments:
1. Resolution
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 waive the first reading and Introduce an Ordinance considering amendments to Livermore Development Code Section 11.01.020 Definitions and Section 3.03.150 Heavy Industrial (I-3) Zoning District relating to warehousing and distribution facilities.
Recommendation:
City of Livermore Planning Commission and staff recommend the City Council take the following actions to approve the Development Code Amendment:
1. Adopt a resolution finding that the project is categorically exempt under the California Environmental Quality Act Guidelines Section 15061(b)(3) (common sense exemption);
2. Waive the first reading and introduce an Ordinance approving Development Code Amendment (DCA) 22-002 to amend Livermore Development Code Section 11.01.020 Definitions and Section 3.03.150 Heavy Industrial (I-3) Zoning District relating to warehousing and distribution facilities.
Staff Report
Attachments:
1. Planning Commission Staff Report 10-18-22
2. Planning Commission 10-18-2022 - Draft Meeting Minutes
3. Livermore Valley Chamber of Commerce letter dated October 18, 2022
4. Proposed Amendments Redline Edits
5. Resolution - CEQA
6. Exhibit A - Planning Commission Resolution 23-22
7. Ordinance
8. Exhibit A - Planning Commission Resolution 23-22
9. Exhibit B - Draft Development Code Sections 3.03.150 and 11.01.020 Livermore City Council Agenda February 27, 2023
6.2 Hearing to waive the first reading and
Introduce an Ordinance
considering amendments to
Livermore Development Code Section 6.02.060. A Home Occupations, exempting home occupations that do not see clients at the home or have employees other than the household member from the requirement for a home occupation permit.
Recommendation:
City of Livermore Planning Commission and staff recommend the City Council take the following actions to approve the Development Code Amendment:
1 .
Adopt a resolution finding that the project is categorically exempt under California Environmental Quality Act Guidelines Sections 15301 (Existing Facilities) and 15061(b) (3) (common sense exemption);
2 .
Waive the first reading and introduce an ordinance approving Development Code Amendment (DCA) 22-001 to amend Livermore Development Code Section 6.02.060 Home Occupations.
Staff Report
Attachments:
1. Planning Commission Staff Report 10-18-22
2. Planning Commission 10-18-2022 - Draft Meeting Minutes
3. Proposed Amendments Redline Edits
4. Resolution
5. Exhibit A - Planning Commission Resolution 24-22
6. Ordinance
7. Exhibit A - Planning Commission Resolution 24-22
8. Exhibit B - Draft Development Code 6.02.060
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 sending a one-year extension notification letter to Republic Services Vasco Road Landfill, negotiate with Republic Services for a long-term Disposal Agreement, and prepare the First Amendment to the Amended and Restated Agreement Between the City of Livermore and Republic Services Vasco Road, LLC, for Disposal of Solid Waste.
Recommendation:
Staff recommends the City Council direct staff to send a one-year extension notification letter to Republic Services Vasco Road Landfill, negotiate with Republic Services for a long-term Disposal Agreement, and prepare the First Amendment to the Amended and Restated Agreement Between the City of Livermore and Republic Services Vasco Road, LLC, for Disposal of Solid Waste.
Staff Report
Attachments:
1. Request for Disposal Agreement Extension
Livermore City Council Agenda
February 27, 2023
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS
9. ADJOURNMENT
To a Special City Council meeting on Thursday, March 2, 2023 at 5:00 pm, a Special City Council meeting on Monday, March 6, 2023 at 5:00 pm, and a Regular City Council meeting on Monday, March 13, 2023 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 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
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
Livermore City Council Agenda February 27, 2023
(
[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 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
Comcast Cable 29
YouTube:
http://youtube.com/c/CityofLivermoreCalifornia
Zoom Webinar:
https://us02web.zoom.us/j/83576000992
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: 835 7600 0992
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
.
Livermore City Council Agenda
February 27, 2023
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
February 27, 2023