CITY COUNCIL
AGENDA
MONDAY, MARCH 13, 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/86283744662
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 862 8374 4662
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
March 13, 2023
1. CLOSED SESSION - NONE.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Presentation by Tim Sbranti, Ronald Gerhard, Dr. Dyrell Foster, and Owen Letcher of Las Positas College regarding Student Housing.
Recommendation:
Staff recommends the City Council receive a presentation from Las Positas College regarding Student Housing.
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 - February 2, 2023 Special Meeting and February 13, 2023 Regular
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
March 13, 2023
Meeting.
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. 2023-02-02 Draft Minutes
2. 2023-02-13 Draft Minutes
5.2 Adoption of an ordinance
amending Livermore Development Code Section 11.01.020
Definitions and Section 3.02.150 Heavy Industrial (I-3) Zoning District relating to warehousing and distribution facilities.
Recommendation:
Staff recommends the City Council adopt an ordinance with an effective date of April 12, 2023, to amend Livermore Development Code Section 11.01.020 Definitions and Section 3.02.150 Heavy Industrial (I-3) Zoning District relating to warehousing and distribution facilities.
Staff Report
Attachments:
1. Ordinance
2. Exhibit A - Planning Commission Resolution 23-22
3. Exhibit B - Development Code Sections 3.03.150 and 11.01.020
5.3 Adoption of an ordinance
amending 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:
Staff recommends the City Council adopt an ordinance with an effective date of April 12, 2023, to amend the 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.
Staff Report
Attachments:
1. Ordinance
2. Exhibit A - Planning Commission Resolution 24-22
3. Exhibit B - Development Code 6.02.060
5.4 Resolution awarding and authorizing execution of an agreement with Paulson Cox Construction, Inc. for installation of new sanitary sewer and water mains and services along Trevarno Road, in an amount not-to-exceed of $1,131,430 for the Trevarno Road Sanitary Sewer and Water Improvements Project 2019-60.
Recommendation:
Livermore City Council Agenda
March 13, 2023
Staff recommends the City Council adopt a resolution for the Trevarno Road Sanitary Sewer and Water Improvements Project 2019-60:
1 .
Awarding a construction contract to Paulson Cox Construction, Inc., in an amount not- to-exceed of $1,131,430, and authorizing the City Manager to sign the agreement attached as Exhibit A to the resolution; and
2 .
Rejecting all other bids or proposals; and
3 .
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. Location map
2. Resolution
3. Exhibit A - Construction Contract with Paulson Cox Construction, Inc
5.5 Resolution awarding and authorizing execution of a two-year agreement with Siemens Industry, Inc., for testing, inspection and repair of fire sprinklers, fire and burglar alarms systems, and HVAC technician support for all City facility building control systems in an amount not-to-exceed $500,000.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing execution of a two-year agreement with Siemens Industry, Inc. for services to provide monitoring, testing, inspection and repair of fire sprinklers, and fire and burglar alarm systems and provide HVAC technician support for all City facility building control systems in a not-to-exceed amount of $500,000.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement with Siemens Industry, Inc.
5.6 Resolution authorizing execution of a license agreement with Trilateral LLC that will allow the public to park in the parking lot of the former Bank of the West building at 2287 Second Street.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a license agreement with Trilateral LLC to allow the public to park in the parking lot located at 2287 Second Street. The term of the agreement is April 1, 2023 to March 31, 2028.
Staff Report
Attachments:
1. Location Map
2. Expanded Parking Lot
3. Resolution
4. Exhibit A - Trilateral LLC License Agreement
Livermore City Council Agenda
March 13, 2023
5.7 Resolution authorizing the City Manager to execute an agreement with CR Consulting for Organizational Change Management services in preparation of implementing an Enterprise Resource Planning system to ensure organizational acceptance and readiness of process and system changes in an amount not-to-exceed $200,000.
Recommendation:
Staff recommends that City Council adopt a resolution authorizing the City Manager to execute an agreement with CR Consulting for Organization Change Management (OCM) professional services in helping the City prepare for the implementation of an Enterprise Resource Planning system (ERP) to replace the City of Livermore's dated financial and human resources system in an amount not-to-exceed $200,000.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - CR Consulting Agreement
5.8 Resolution authorizing execution of a lease and right of entry agreement with the Chiu Family Trust that will allow the public to continue to use a portion of their First Street property with Assessor's Number 97-1-15 as a pedestrian walkway and will allow the City to extend the pedestrian walkway and make other minor improvements to the property.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a lease and right of entry agreement with the Chiu Family Trust that will allow the public to continue to use a portion of their First Street property with Assessor's Number 97-1-15 as a pedestrian walkway and will allow the City to extend the pedestrian walkway and make other minor improvements to the property. The term of the agreement is May 15, 2023 to May 15, 2033.
Staff Report
Attachments:
1. Pedestrian Walkway Site Plan
2. Resolution
3. Exhibit A - Lease and Right of Entry Agreement
5.9 Resolution to extend the suspension of Airport Development until a new comprehensive Airport Development Policy is adopted by the City Council.
Recommendation:
Staff recommends the City Council adopts a resolution that:
1 .
Authorizes the extension of the Livermore Airport Development suspension until the City Council formally adopts a Airport Leasing and Development Policy. 2 .
Temporarily suspends the consideration of any aeronautical or non-aeronautical Airport development, except for a parcel under active development adjacent to Kittyhawk Road and Highway 580.
3 .
Authorizes the City Manager to take whatever actions are necessary and appropriate to
Livermore City Council Agenda
March 13, 2023
carry out the purpose and intent of this resolution.
Staff Report
Attachments:
1. Resolution
5.10 Resolution opposing the Taxpayer Protection and Government Accountability Act sponsored by the California Business Roundtable (CBRT) and direction to staff to send letters of opposition to the League of California Cities, Senator Glazer, and Assemblymember Bauer- Kahan.
Recommendation:
Staff recommends the City Council adopt the resolution opposing the Taxpayer Protection and Government Accountability Act and direct staff to send letters of opposition to the League of California Cities, Senator Glazer and Assemblymember Bauer-Kahan.
Staff Report
Attachments:
1. Letter of Opposition - Senator Glazer and Assemblymember Bauer-Kahan
2. Letter of Opposition - League of California Cities
3. Resolution
5.11 Resolution declaring non-complying parcels a public nuisance requiring abatement, directing staff to proceed with the annual Fire Hazard Abatement Program, and set a public hearing date of April 10, 2023, to receive protests and direct staff to proceed with field abatement work.
Recommendation:
Staff recommends that the City Council adopt a resolution declaring non-complying parcels a public nuisance requiring abatement, direct staff to proceed with the annual Fire Hazard Abatement Program, and set a public hearing date of April 10, 2023, to receive protests and direct staff to proceed with field abatement work.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - List of Parcels & Property Owners
5.12 Resolutions approving City Council Norms, Values and Principles of Governance, and the City Council Meeting Rules of Procedure.
Recommendation:
Staff recommends the City Council adopt resolutions approving the City Council Norms, Values and Principles of Governance, and the City Council Meeting Rules of Procedure.
Staff Report
Attachments:
1. Redlined City Council Norms, Values, and Principles of Governance
Livermore City Council Agenda
March 13, 2023
2. Redlined Changes to Rules of Procedure
3. Resolution Amending and Adopting City Council Norms, Values, and Principles of Governance
4. Exhibit A - City Council Norms Values and Principles of Governance
5. Resolution Amending and Adopting City Council Meeting Rules of Procedure
6. Exhibit A - City Council Meeting Rules of Procedure, revised 02-27-2023
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 consider adoption of a resolution establishing fees for short-term rental permits, consistent with Livermore Municipal Section 5.90.060, in the amount of $220 for new permits and $160 for annual permit renewals.
Recommendation:
Staff recommends the City Council adopt a resolution adopting short-term rental permit fees in the amount of $220 for a new permit and $160 for annual permit renewal.
Staff Report
Attachments:
1. Resolution
6.2 Hearing to consider adoption of the 2023-2031 Housing Element. The Housing Element is a State-mandated eight-year policy document that is a component of the Livermore General Plan. The overall purpose of the Housing Element is to identify current and projected housing needs, show locations where housing can be built, and set goals, policies, and programs to meet the community’s housing needs.
Recommendation:
Staff and the Planning Commission recommend the City Council consider the 2023-2031 Housing Element (GPA23-002) and:
1 .
Adopt a resolution finding the 2023-2031 Housing Element is exempt from the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3); and 2 .
Adopt a resolution adopting the 2023-2031 Housing Element; and 3 .
Direct staff, after certification of the 2023-2031 Housing Element by the State Department of Housing & Community Development (HCD), to evaluate revisions based upon comments from the Planning Commission recommendation, including the February 26, 2023, comment letter submitted by a Livermore resident.
Staff Report
Attachments:
1. Planning Commission Staff Report
2. Public Comment Letter Received February 26, 2023
3. Draft Planning Commission Meeting Minutes
4. October 2022 Comment Letter from HCD
Livermore City Council Agenda
March 13, 2023
5. Resolution - CEQA
6. Exhibit A - PC CEQA Resolution
7. Exhibit B - CEQA Exemption Memo
8. Resolution - Project
9. Exhibit A - Revised Housing Element
10. Exhibit B - February 2023 Letter from HCD
11. Exhibit C - PC Project Resolution
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 Regular City Council meeting on Monday, March 27, 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
Livermore City Council Agenda
March 13, 2023
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 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/86283744662
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: 862 8374 4662
If you would like to deliver written materials to the City Council as part of your public Livermore City Council Agenda
March 13, 2023
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
March 13, 2023