MARCH 13 2023 Minutes CM/75/172
MINUTES
CIT
Y COUNCIL
MARCH 13, 2023
________________________________________________________________ REG
ULAR MEETING
1. CL
OSED SESSION - NONE
2. CAL
L TO O RDER – T he meeting of the City Council was called to or der 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: M ayor John Marchand, Vice Mayor Brittni Kiick and Council Members Ben Barrientos, Evan Branning and Robert W. Carling.
PLE
DGE OF ALLEGIANCE
3. PRO
CLAMATIONS AND PRESENTATIONS – NONE
3. 1 Presentation by Tim Sbranti, Ronald Gerhard, Dr. Dyrell Foster, and Owen Letcher of Las Positas College regarding Student Housing.
Re
commendation: Staff recommended the City Council receive a presentation from Las Positas College regarding Student Housing.
4. O
PEN FORUM
May
or Marchand opened the public comment period.
Davi
d McGuigan provided a comment.
John S
tein provided a comment.
There
were no more more speakers and the public comment period was closed.
5. CONSENT CALENDAR
Item
s 5.6 and 5.9 were removed from the Cons ent Calendar for separ ate discussion and action.
May
or Marchand opened the public comment period.
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There were no speakers and the public comment period was closed.
O
N THE MOTION OF CM B RANNING, S ECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCI L APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEMS 5.6 AND 5.9.
I
tem 5.9 Pete Sandhu, provided a comment.
I
tem 5.6 Mark Triska provided a comment.
I
tem 5.6 Charles (last name unknown) provided a comment.
ON
THE MOTION O F CM BRANNING , SECO NDED BY VM KIICK , AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL DID NOT APPROVE T HE RESOLUTION FOR CONSENT CALENDAR ITEM 5.6 AND DIRECTED STAFF
TO RENEGOTIATE THE CONTRACT, ONLY PAY FOR SPACES ACTUALLY
USED, AND NEGOTIATE FAVORABLE TERMS FOR ADDITIONAL SPACES AT LITTLE TO NO COST IN EXCHANGE FOR BUILDING IMPROVEMENTS.
ON
THE MOTION O F VM KIICK , SECO NDED BY CM CARLING , AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL A PPROVED CONSENT CALENDAR ITEM 5.9.
5.1 Approval of draft minutes - February 2, 2023 Special Meeting and February 13, 2023 Regular Meeting.
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ecommendation: Staff recommend ed the City Council approve the draft minutes.
5. 2 Adoption of O rdinance 2143 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.
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ecommendation: Staff recommended 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.
5.3 A
doption of Ordinance 2144 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.
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ecommendation: Staff recommended 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 DocuSign Envelope ID: 96D603AB-6164-48B5-BC46-49BEF9A6CB04 MARCH 13 2023 Minutes CM/75/174
from the requirement for a home occupation permit.
5 .4 Resolution 2023-029 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.
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ecommendation: Staff recommended the City Council adopt a resolution for the Trevarno Road Sanitary Sewer and Water Improvements Project 2019-60:
1. A
warding 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.
5 .5 Resolution 2023-030 awarding and authorizing execution of a two- year agreement with Siemens Industry, Inc., for testing, inspection and repair of fir e 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.
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ecommendation: Staff recommended 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. 5 .6 ( ITEM NOT APPROVE D) 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.
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ecommendation: 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. 5 .7 Resolution 2023-031 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.
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ecommendation: Staff recommend ed that City Council adopt a resolution authorizing the City Manager to execute an agreement with CR Consulting for DocuSign Envelope ID: 96D603AB-6164-48B5-BC46-49BEF9A6CB04 CM/75/175 Minutes MARCH 13, 2023
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.
5 .8 Resolution 2023-032 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.
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ecommendation: Staff recommended 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.
5 .9 Resolution 2023-033 to extend the suspension of Airport Development until a new comprehensive Ai rport Development Policy is adopted by the City Council.
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ecommendation: Staff recommended the City Council adopts a resolution that:
1. A
uthorizes 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 carry out the purpose and intent of this resolution.
5. 10 Resolution 2023-034 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 Ca lifornia Cities, Senator Glazer, and Assemblymember Bauer- Kahan.
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ecommendation: Staff recommended 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.
5. 11 Resolution 2023-035 declaring non-complying parcels a publi c nuisance requiring abatement, directing staff to proceed with the annual Fire Hazard Abatement Program, and s et a public hearing date of April 10, 2023, to receive DocuSign Envelope ID: 96D603AB-6164-48B5-BC46-49BEF9A6CB04 MARCH 13 2023 Minutes CM/75/176
protests and direct staff to proceed with field abatement work.
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ecommendation: Staff recommended 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.
5. 12 Resolutions 2023-036 approving City Council Norms, Values and Principles of Governance, and Resolution 2023- 037 approving the City Council Meeting Rules of Procedure.
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ecommendation: Staff recommend ed the City Council adopt resolutions approving the City Council Norms, Values and Principles of Governance, and the City Council Meeting Rules of Procedure.
6 . PUBLIC HEARINGS
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.
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ecommendation: Staff recomm ended 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.
Spec
ial Projects Coordinator Susan Frost presented the staff report.
M
ayor Marchand opened the public hearing.
T
here were no speakers and the hearing was closed.
ON
THE MOTION OF VM KIICK, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CIT Y COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
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esolution 20 23-038 adopting short -term rental permit fees in the amount of $220 for a new permit and $160 for annual permit renewal. 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 se t goals, policies, and programs to meet the community’s housing needs.
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Recommendation: Staff and the Planning Commission recommended the City Council consider the 2023-2031 Housing Element (GPA23-002) and:
1. A
dopt 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 St ate 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.
S
enior Planner Tricia Pontau presented the staff report.
Ma
yor Marchand opened the public hearing.
A
lan Burnham provided a comment.
J
ohn Stein provided a comment.
T
here were no more speakers and the hearing was closed.
ON
THE MOTION OF CM BRANNING, SECONDED BY VM KIICK AND
CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED T HE FOLLOWING
RESOLUTIONS
Res
olution 2023-039 finding that the 2023 -2031 Housing Element is exem pt from the provisions of the California Environmental Quality Act.
Res
olution 2023-040 approving the G eneral Plan Amendment ( GPA) 23 -002 and adopting the 2023-2031 housing element.
7 . MATTERS FOR CONSIDERATION - NONE
8 . COUNCIL COMMITTEE REPORTS AND MATTERS INITIA TED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
THE
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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esusable Foodware the City Council directed staf f to review the comprehensive reusable food ware ordinance template created by Stopwaste.org and bring information back regarding an ordinance that could accommodate DocuSign Envelope ID: 96D603AB-6164-48B5-BC46-49BEF9A6CB04 MARCH 13 2023 Minutes CM/75/178
Livermore’s needs.
Li
vermore Amador Valley Transit Authority (LAVTA) VM Kiick noted her attendance at the finance meeting on February 28, 2023 and the board meeting on March 6, 2023.
Re
ad Across America CM Carling and VM Kiick noted their attendance at the event on March 2, 2023.
9. ADJ
OURNMENT – at 8:43 pm t o 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.
APPR
OVED:
J OHN P. MARCHAND, MAYOR
ATTEST:
M ARIE WEBER, CITY CLERK
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