FEBRUARY 27, 2023 Minutes CM/75/159
MINUTES
CIT
Y COUNCIL
FEBRUARY 27, 2023
________________________________________________________________ REG
ULAR MEETING
1. CL
OSED SESSION - NONE
2. CAL
L 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.
ROL
L CALL – Present: Mayor John Marchand, Vice Mayor Brittni Kiick and Council Members Ben Barrientos, Evan Branning and Robert W. Carling.
PL
EDGE OF ALLEGIANCE
3. P
ROCLAMATIONS AND PRESENTATIONS
3.1 Libr
ary Board of Trustees annual update presented by Chair Richard Hunt.
Re
commendation: Staff recommended City Council accept the Library Board of Trustees annual update.
Chai
r Richard Hunt presented the update.
4. O
PEN FORUM
May
or Marchand opened the public comment period.
Me
l Chiong provided a comment.
Abhi
lash Raman provided a comment.
Ther
e were no more more speakers and the public comment period was closed.
5. CO
NSENT CALENDAR
May
or Marchand opened the public comment period.
Tr
ish Munro provided a comment related to the entire consent calendar.
Kar
l Wente provided a comment related to the entire consent calendar.
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T
here were no more speakers and the public comment period was closed.
ON
THE MOTION OF CM CARLING, SECONDED BY VM KIICK, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
5.1 Approval of draft minutes - January 23, 2023 Regular Meeting.
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ecommendation: Staff recommend ed the City Council approve the draft minutes.
5 .2 Resolution 2023 -016 authorized 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 recommended 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 -toexceed $500,000.
5 .3 Resolution 2023-017 authorized 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.
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ecommendation: Staff recommended the City Council adopt a resolution for the 2021 Street Resurfacing Project 2021-01:
1. A
uthorizing 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.
5.4 Resolution 2023-018 authorized 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.
Recommendation: Staff recommended 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 DocuSign Envelope ID: F552A64A-CDED-496B-BA77-570A85B9A999 FEBRUARY 27, 2023 Minutes CM/75/161
$664,846.
5.5 Resolution 2023-019 authorized 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.
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ecommendation: Staff recommended 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.
5.6 Resolution 2023-020 authorized 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 recommend ed 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.
5 .7 Resolution 2023-021 authorized 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 recommended 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.
5.8 Resolution 2023-022 authorized 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.
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Recommendation: Staff recommended 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.
5.9 Resolution 2023 -023 approved the Altamont Settlement Agreement Education Advisory Board's $650,000 Expenditure Plan for FY 2023-24.
Recommendation: Staff recommended the City Council adopt a resolution approving the Altamont Settlement Agreement Education Advisory Board's $650,000 Expenditure Plan for FY 2023-24.
5. 10 Resolution 2023 -024 accept ed the Annual Comprehensive Financial Report (ACFR) and Other Audit Reports for the Fiscal Year ended June 30, 2022.
Recommendation: Staff recommended the City Council adopt a resolution accepting the following reports for Fiscal Year 2021-22 as completed:
• A
nnual 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.
5.11 Resolution 2023 -025 reauthorized 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.
5.12 R atification of Council Member appointments to intergovernmental agencies.
Recommendation: Staff recommended the Mayor and City Council Members ratify changes made to intergovernmental agency appointments.
5. 13 Resolution 2023-026 of continued local emergency.
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ecommendation: Staff recommended the City Council adopt a resolution of continued local emergency.
6 . PUBLIC HEARINGS
6.1 H
earing 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.
R
ecommendation: 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.
S
pecial Projects Coordinator Susan Frost and Planning Manager Steve Stewart presented the staff report.
Ma
yor Marchand opened the public comment period.
T
here were no speakers and the public comment period was closed.
ON
THE MOTION OF CM BRANNING, SECONDED BY VM KIICK AND
CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION AND INTRODUCED THE FOLLOWING ORDINANCE:
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esolution 2023 -027 finding that the project is categorically exempt under the California Environmental Quality Act Guidelines Section 15061(b)(3) (common sense exemption)
O
rdinance Introduction 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.
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.
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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.
S
pecial Projects Coordinator Susan Frost and Planning Manager Steve Stewart presented the staff report.
Ma
yor Marchand opened the public comment period.
T
here were no speakers and the public comment period was closed.
ON
THE MOTION OF CM BRANNING , SECONDED BY CM CARLING AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOW ING ORDINANCE AND INTRODUCED THE FOLLOWING ORDINANCE:
R
esolution 2023 -028 finding that the project is categorically exempt under California Environmental Quality Act Guidelines Sections 15301 (Existing Facilities) and 15061(b)(3) (common sense exemption)
O
rdinance Introduction approving Development Code Amendment (DCA) 22- 001 to amend Livermore Development Code Section 6.02.060 Home Occupations. 7 . MATTERS FOR CONSIDERATION
7.1 D
iscussion 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.
A
cting Assistant Public Works Director Judy Erlandson presented the staff report.
Ma
yor Marchand opened the public comment period.
T
here were no speakers and the public comment period was closed.
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ON THE MOTION OF CM CARLING, SECONDED BY VM KIICK AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPROVED STAFF’S
RECOMMENDATION.
8 . COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
T
HE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF
RECENTLY ATTENDED EVENTS AND MEETINGS IN ADDITION TO THE INFORMATION PROVIDED IN THE SUPPLEMENTAL PACKET. COUNCIL
MEMBERS WHO DID NOT PROVIDE A SUMMARY IN THE SUPPLEMENTAL PACKET ARE INCLUDED BELOW.
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pen Heart Kitchen CM Branning and Mayor Marchand noted their attendance at the opening of the new food distribution hub.
Li
vermore Amador Valley Transit Authority CM Branning noted his attendance at the February 27, 2023 board meeting.
Li
vermore Downtown Inc. CM Branning noted that there are several events coming up that the public could attend.
M
onarch Tractor CM Carling and Mayor Marchand noted their tour of Monarch Tractor (electric tractors) on February 27, 2023.
St.
John’s Soul Food CM Barrientos and Mayor Marchand noted their attendance at the ribbon cutting.
L
ivermore Employee Service Awards Mayor Marchand noted his attendance at the Employee Service Awards.
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a’Con Todo Mayor Marchand and CM Barrientos noted their attendance at the ribbon cutting on February 15, 2023.
8 . ADJOURNMENT – at 8:04 pm to 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, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.
APPR
OVED:
J OHN P. MARCHAND, MAYOR
A
TTEST:
M ARIE WEBER, CITY CLERK
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