CITY COUNCIL
AGENDA
MONDAY, APRIL 10, 2023
REGULAR HYBRID MEETING –
7:00 PM
CLOSED SESSION : 6:30 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:
https://us02web.zoom.us/j/83098211711
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 830 9821 1711
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
April 10, 2023
1. CLOSED SESSION - 6:30PM
Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
No
te: This Closed Session my be continued to the end of the Regular Meeting.
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. (two cases.)
1 .
Unpaid Business Tax License Tax – Lawrence Livermore National Security, LLC, and settlement proposal.
2 .
Unpaid Business Tax License Tax – Sandia National Laboratory and settlement proposal.
1.2 Conference with Legal Counsel - Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated. (one case)
1 .
In Re: National Prescription Opiate Litigation, United States District Court, Northern District of Ohio, Eastern Division, MDL 2804, Case No. 1:17-MD-2804. Discussion and direction whether to register as an eligible Non-Litigating Subdivision to participate in the nationwide settlements that are proposed to resolve all opioids claims pending against Teva Pharmaceutical Industries Ltd, Allergan Finance, LLC and Allergan Limited, and the pharmacies CVS Health Corporation and CVS Pharmacy, Walgreens Co., Walmart Inc., and their respective parent, subsidiary, division, affiliates, joint ventures, predecessors, successors, and assigns.
https://oag.ca.gov/opioids
and
https://nationalopioidsettlement.com/
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Tournament draw for games in the 2023 Little League Intermediate World Series with
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
REPORT OF ACTION TAKEN IN CLOSED SESSION
Livermore City Council Agenda
April 10, 2023
Kathleen Minser, Little League Intermediate World Series - Marketing & Media Director.
Recommendation:
Staff recommends the City Council administer the tournament draw for games in the 2023 Little League Intermediate World Series with Kathleen Minser, Little League Intermediate World Series - Marketing & Media Director.
3.2 Proclamation declaring April 2023 as Fair Housing Month presented to Steve Medeiros, President, Board of Directors of Bay East Association of REALTORS, Kevin McCallum, Vice- Chair of Local Government Relations Committee, and Mary Ann Rozsa, member of Local Government Relations Committee.
Recommendation:
Staff recommends City Council declare April 2023 as Fair Housing Month.
Staff Report
Attachments:
1. Proclamation
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 - March 6, 2023 Special Meeting, March 13, 2023 Regular Meeting, and March 27, 2023 Regular Meeting.
Recommendation:
Staff recommends the City Council approve the draft minutes.
Livermore City Council Agenda
April 10, 2023
Staff Report
Attachments:
1. 2023-03-06 Draft Minutes
2. 2023-03-13 Draft Minutes
3. 2023-03-27 Draft Minutes
5.2 Resolutions authorizing execution of agreements with Daniel B. Valiao and East Bay Municipal Consulting for engineering support services in amounts not-to-exceed $400,000 each.
Recommendation:
Staff recommends the City Council adopt resolutions authorizing the City Manager to execute agreements with Daniel B. Valiao and East Bay Municipal Consulting to provide on-call engineering support services for development projects and capital improvement projects. The terms of the agreements are from March 1, 2023 to June 30, 2025, in amounts not-to-exceed $400,000 each.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement with Daniel B. Valiao (Signed)
3. Resolution
4. Exhibit A - Agreement with East Bay Municipal Consulting (Signed)
5.3 Resolution authorizing execution of an agreement with Frogparking, Inc., to supply and install parking guidance technology in the L Street Parking Garage in an amount not-to-exceed $295,384, as part of the Livermore Village Parking Garage Construction, Project 586003.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Frogparking Inc, to supply and install parking guidance technology in the L Street Parking Garage in the not-to-exceed amount of $295,384 as part of the Livermore Village Parking Garage Construction, Project 586003.
Staff Report
Attachments:
1. Site Plan
2. Resolution
3. Exhibit A - Agreement with Frogparking Inc.
5.4 Resolution authorizing execution of an agreement with Shute, Mihaly, and Weinberger LLP to provide planning services and legal advice for Development Code amendments and objective design standards to implement new state housing laws and Livermore's Housing Element, in an amount not-to-exceed $245,640.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing execution of an agreement
Livermore City Council Agenda
April 10, 2023
with Shute, Mihaly, and Weinberger LLP to provide planning services and legal advice for Development Code amendments and objective design standards to implement new state housing laws and Livermore's Housing Element. The term of the agreement is from May 1, 2023 to May 1, 2025, in an amount not-to-exceed $245,640.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Draft Agreement with Scope of Work
5.5 Resolution directing the City Engineer to file the Annual Engineer’s Report for the City’s Landscape Maintenance Districts.
Recommendation:
Staff recommends the City Council adopt a resolution directing the City Engineer to file the Annual Engineer’s Report for the City’s Landscape Maintenance Districts.
Staff Report
Attachments:
1. Resolution
5.6 Resolution designating Laserfiche and Accela as Trusted Systems for the management of the City's official records in electronic format and the automation of retention requirements.
Recommendation:
Staff recommends the City Council adopt a resolution designating Laserfiche and Accela as Trusted Systems for the management of the City's official records and the automation of retention requirements.
Staff Report
Attachments:
1. Livermore Records and Information Management Policy
2. Resolution
3. Exhibit A - City Clerk procedure for saving official records to Laserfiche
4. Exhibit B - City Clerk procedure for deletion of obsolete records from Laserfiche
5. Exhibit C - Planning Procedure for Saving Records into Accela
6. Exhibit D - Planning Procedure for Deleting Records from Accela
7. Exhibit E - Building - Procedure for Saving Records into Accela
8. Exhibit F - Engineering - Procedure for Saving Records into Accela
9. Exhibit G - Engineering - Procedure for Deleting Records from Accela
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 receive and consider protests and direct staff to proceed with field abatement work on non-compliant properties under the 2023 Fire Hazard Abatement Program.
Livermore City Council Agenda
April 10, 2023
Recommendation:
Staff recommends City Council consider all protests, and if City Council finds appropriate, adopt a resolution overruling protests, and direct staff to proceed with necessary weed abatement on all parcels requiring abatement.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - List of Parcels & Property Owners
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 Resolution receiving the Annual Review of Military Equipment Report, determining that the equipment identified in the report complies with applicable standards, and authorizing the Military Equipment Ordinance 2.36.200 to be renewed and remain in effect.
Recommendation:
Staff recommends City Council:
1 .
Accept the 2022 Annual Military Equipment Report;
2 .
Determine that the equipment identified in the report complies with the City's policy and the statutory requirements, and
3 .
Review Ordinance 2.36.200 and vote on whether to renew the ordinance.
Staff Report
Attachments:
1. Livermore Police Department Policy 709 - Military Equipment
2. 2022 Military Equipment Inventory
3. Ordinance 2.36.200
4. Resolution
5. Exhibit A - 2022 Annual Military Equipment Report
7.2 Discussion and Direction regarding Comprehensive General Plan Update - Land Use Alternatives Evaluations and a Resolution amending the General Plan Advisory Committee Rules of Procedure.
Recommendation:
Staff recommends the City Council:
1 .
Receive a report from staff on the status of the comprehensive General Plan Update and the land use alternatives evaluation process,
2 .
Direct staff to include the geographic area east of Greenville Road in the evaluation study for the General Plan Update; and
3 .
Adopt a resolution amending the General Plan Advisory Committee Rules of Procedure
Livermore City Council Agenda
April 10, 2023
reducing the number of members to thirteen, except that in the event of a future vacancy the committee’s membership will be reduced to the number of remaining members, and adjusting the number required to constitute a quorum to a majority of members.
Staff Report
Attachments:
1. September 12, 2022, City Council Report on Draft Land Use Alternatives
2. Initial Findings Memo
3. Committee Feedback Summary
4. Letter from TOPCON dated February 14, 2023
5. Resolution
6. Exhibit A - General Plan Advisory Committee Revised Rules of Procedure 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 Monday, April 17, 2023 at 5:00 pm, and a Regular City Council meeting on Monday, April 24, 2023 at 7:00 pm at the 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.
Livermore City Council Agenda
April 10, 2023
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 (
[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/83098211711
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: 830 9821 1711
Livermore City Council Agenda
April 10, 2023
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
.
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
April 10, 2023