CITY COUNCIL
AGENDA
MONDAY, APRIL 24, 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/87522295035
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 875 2229 5035
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 24, 2023
1. CLOSED SESSION - NONE.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Presentation of the 2023 Livermore Water Conservation Art Contest Awards.
Recommendation:
Staff recommends City Council present awards to the finalists of this year's Livermore Water Conservation Art Contest.
Staff Report
Attachments:
1. 2023 Art Contest Council Presentation
3.2 Proclamation recognizing May 2023 as Community Service Recognition Month in the City of Livermore. Presented to Judy Erlandson Acting Assistant Public Works Director.
Recommendation:
Staff recommends the City Council recognize May 2023 as Community Service Recognition Month to highlight the significant differences that volunteers make to the City of Livermore.
Staff Report
Attachments:
1. Proclamation
3.3 Proclamation declaring April 23 - 29, 2023 National Crime Victims' Rights Week, presented to Lindsay Reynolds, Senior Victim and Witness Advocate at Alameda County.
Recommendation:
Staff recommends the City Council declare April 23 - 29, 2023 as National Crime Victims' Rights Week.
Staff Report
Attachments:
1. Proclamation
3.4 Proclamation declaring April 2023 as Arts, Culture and Creativity Month presented to Anne Giancola, Visual Arts and Education Manager at Livermore Valley Arts.
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
April 24, 2023
Recommendation:
Staff recommends City Council declare April 2023 as Arts, Culture and Creativity 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 - April 10, 2023 Regular Meeting.
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. 2023-04-10 Draft Meeting Minutes
5.2 Resolution authorizing the City Manager to execute a right-of-way agreement between the City of Livermore and Mobilitie LLC, a Nevada limited liability company for the installation and maintenance of broadband data communication infrastructure within the City’s public right-of- way.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to sign on behalf of the City, a right-of-way agreement between the City of Livermore and Mobilitie LLC
Livermore City Council Agenda
April 24, 2023
(Mobilitie) for the installation and maintenance of broadband data communication infrastructure within the City’s public right-of-way.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement
5.3 Resolutions designating the City Manager as the City's agent for federal and state disaster assistance and naming the City Engineer and Assistant City Engineers as the City Manager’s designees and appropriating $802,000 in funding in FY 2022-23 for 2023 Storm Capital Improvement Programs.
Recommendation:
Staff recommends the City Council adopt the following resolutions:
1 .
A resolution designating the City Manager as the City's agent for federal and state disaster grant assistance and designating the City Engineer and Assistant City Engineers as the City Manager’s designees.
2 .
A resolution appropriating $802,000 in funding in FY 2022-23 for 2023 Storm Capital Improvement Programs.
Staff Report
Attachments:
1. Resolution - Delegation of Agent
2. Resolution - Supplemental Appropriation
5.4 Resolution authorizing the City Manager to execute and renew a Revenue-Sharing Agreement for wireless telecommunication facility leases with Livermore Area Recreation and Park District (LARPD).
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute and renew a Revenue Sharing Agreement between the City of Livermore and Livermore Area Recreation and Park District (LARPD) for revenue generated by wireless telecommunication facility leases.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Revenue Sharing Agreement
5.5 Resolution authorizing the continued participation in the Alameda County Home Consortium for Home Investment Partnership Program funds; and the execution of an agreement with Alameda County for participation in the Alameda County Home Consortium for federal fiscal years 2024, 2025, and 2026
Recommendation:
Staff recommends the City Council adopt a resolution:
Livermore City Council Agenda
April 24, 2023
1 .
Authorizing the continued participation by the City of Livermore in the Alameda County HOME Investment Partnership Program Consortium for HOME Investment Partnership funds (HOME).
2 .
Authorizing the City Manager, or her designee, to execute the HOME Consortium Agreement between the City of Livermore and the County of Alameda to receive HOME funding for federal fiscal years 2024, 2025, and 2026.
Staff Report
Attachments:
1. Resolution
2. Exhibit A- HOME Consortium Agreement
5.6 Resolution authorizing execution of an agreement with Pangea Environmental Services, Inc., in an amount not-to-exceed $1,165,000, to provide environmental support services to close out three environmental cleanup cases in the Downtown Core as part of Livermore Village Remediation, Project 2021-18.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a professional services agreement with Pangea Environmental Services, Inc., in an amount not-to-exceed $1,165,000, to provide environmental support services to close out three environmental cleanup cases in the Downtown Core as part of Livermore Village Remediation, Project 2021-18.
Staff Report
Attachments:
1. Site Plan
2. Resolution
3. Exhibit A - Pangea Agreement
5.7 Resolution authorizing the City Manager to execute a lease agreement with the Livermore Flying Electrons Radio Control Club, Inc. that allows them to continue operating the Raymond Road Model Aircraft Facility.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a lease agreement with the Livermore Flying Electrons Radio Control Club, Inc. that allows them to continue operating the Raymond Road Model Aircraft Facility.
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - Lease Agreement
5.8 Resolution authorizing execution of license agreements with First Street Alehouse, Plucked Chicken & Beer, La Botica, and Los Caporales that will allow the use of the trash enclosure facility being constructed by the City in the surface parking lot between Veterans Way and
Livermore City Council Agenda
April 24, 2023
First Street.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute license agreements with First Street Alehouse, Plucked Chicken & Beer, La Botica, and Los Caporales that will allow these restaurants to use the trash enclosure facility being constructed by the City in the surface parking lot between Veterans Way and First Street.
Staff Report
Attachments:
1. Site Plan
2. Resolution
3. Exhibit A - Alehouse
4. Exhibit B - Plucked
5. Exhibit C - La Botica
6. Exhibit D - Los Caporales
5.9 Resolution approving revisions to the existing policy for Leasing City of Livermore-Owned Properties for Wireless Telecommunication Facilities.
Recommendation:
Planning Commission and staff recommend the City Council adopt a resolution approving revisions to the Policy for Leasing City of Livermore-Owned Properties for Wireless Telecommunication Facilities.
Staff Report
Attachments:
1. Map of Preselected Telecom Sites
2. Proposed Policy and Lease Template
3. Existing Policy
4. Resolution
5. Exhibit A - Planning Commission Resolution 05-23
6. Exhibit B - Planning Commission Staff Report
7. Exhibit C - Planning Commission Meeting Minutes
5.10 Resolution approving and appropriating the allocation of Community Development Block Grant, Home Investment Partnership Program, Social Opportunity Endowment, and In-Lieu Housing funds, in the total amount of $1,187,863 and approving a one-time allocation of General Funds in the total amount of $78,951 for Fiscal Year 2023-24.
Recommendation:
Staff and the Human Services Commission recommend the City Council adopt a resolution:
1 .
Appropriating $1,187,863 as listed below and authorizing the City Manager to negotiate and execute all related documents, grant agreements, and modifications. a
.
Community Development Block Grant Funds (Fund 613) in the amount of $804,865
b
.
HOME Investment Partnership Program Funds (Fund 671) in the amount of
Livermore City Council Agenda
April 24, 2023
$148,123
c
.
Social Opportunity Endowment Funds (Fund 620) in the amount of $25,875 d
.
In-Lieu Housing Funds (Fund 611) in the amount of $209,000 2 .
Approving a one-time allocation of General Funds to fund five applications in the amount of $78,951. These applications were recommended by the Commission for funding but were unable to be awarded due to the insufficient availability of Social Opportunity Endowment funds.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Fiscal Year 2023-24 Grant Recommendations
3. Exhibit B- Human Service Commission Additional Recommended Projects for Funding FY 2023-24
5.11 Resolution authorizing a supplemental appropriation in the amount of $2,755,000 to Fiscal Year 2023-24 and awarding and authorizing execution of an agreement with Pavement Coatings Co., in an amount not-to-exceed $2,275,101, for construction of the 2021 Slurry Seal, Project No. 2021-04.
Recommendation:
Staff recommends the City Council adopt a resolution for the 2021 Slurry Seal Project 2021- 04:
1 .
Authorizing a supplemental appropriation of Solid Waste & Recycling Impact Fees (Fund 344) in the amount of $55,000 from FY 2022-23 to FY 2023-24 and $510,000 to FY 2023-24;
2 .
Authorizing a supplemental appropriation of Gas Taxes (Fund 650) in the amount of $1,645,000 from FY 2022-23 to FY 2023-24;
3 .
Authorizing a supplemental appropriation of $300,000 in Gas Tax-SB1 (Fund 651) from FY 2022-23 to FY 2023-24;
4 .
Authorizing a supplemental appropriation of $245,000 in Facilities Rehabilitation Program (Fund 740) to Fiscal Year 2023-24;
5 .
Awarding a construction contract to Pavement Coatings Co., in an amount not-to- exceed $2,275,101, and authorizing the City Manager to sign the agreement; 6 .
Rejecting all other bids or proposals, and
7 .
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
5.12 Resolution ratifying the acceptance and appropriation of the Alameda County Homeless
Livermore City Council Agenda
April 24, 2023
Housing, Assistance and Prevention (HHAP) Program funds in the amount of $423,010 to provide operating subsidies in new and existing affordable or supportive housing units.
Recommendation:
Staff recommends the City Council adopt a Resolution ratifying the acceptance and appropriation of the Alameda County Homeless Housing, Assistance and Prevention (HHAP) Program grant funds and the City Manager to sign related agreements, as follows:
1 .
Ratify the City's acceptance and appropriation of the Alameda County HHAP funds in the total amount of $423,010.
2 .
Authorize the City Manager, or her designee, to sign all documents related to the execution of the HHAP funding agreements in substantially the same form as the agreement attached to the resolution as Exhibit A, and related documents with the County of Alameda for the City of Livermore HHAP funds. 3 .
Authorize the City Manager, or her designee, to sign all documents related to the execution of grant agreements with agencies receiving allocations of funds from the City of Livermore HHAP funds, including the selection of and contracting with service providers in amounts exceeding $100,000, consistent with the requirements of the agreement attached hereto as Exhibit A.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - County HHAP Agreement
5.13 Resolution authorizing the City Manager to execute a Purchase Order with Stryker Medical for the purchase of eleven (11) replacement Lunde University Cardiopulmonary Assist System (LUCAS) chest compression devices for the Livermore-Pleasanton Fire Department Joint Powers Authority in an amount not-to-exceed $182,000.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager, on behalf of the Livermore Pleasanton Fire Department in her capacity as Joint Executive Director for Livermore-Pleasanton Fire Department Joint Powers Authority, to execute a purchase order with Stryker Medical for the purchase of eleven (11) replacement Lunde University Cardiopulmonary Assist System (LUCAS) chest compression devices for the Livermore- Pleasanton Fire Department Joint Powers Authority for Fiscal Year 2022-23 in an amount not- to-exceed $182,000.
Staff Report
Attachments:
1. Quote
2. Sole Source Letter
3. Resolution
5.14 Resolution of continued local emergency.
Recommendation:
Livermore City Council Agenda
April 24, 2023
Staff recommends the City Council adopt a resolution of continued local emergency in response to impacts from a series of severe storm events.
Staff Report
Attachments:
1. Resolution
5.15 Resolution delegating authority to the City Manager to appoint the City's representative to the Tri-Valley Community Television Board of Directors.
Recommendation:
Staff recommends the City Council adopt a resolution delegating authority to the City Manager to appoint the City's representative to the Tri-Valley Community Television Board of Directors.
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 consider a resolution approving the first substantial amendment to the City of Livermore’s U.S. Department of Housing and Urban Development Fiscal Year 2022-23 Action Plan, authorizing the City Manager to negotiate and execute any related documents, and approving a supplemental appropriation in the amount of $64,610 of Human Service Facility Fee funds to support Axis Community Health
Recommendation:
Staff recommends the City Council adopt a resolution approving the first substantial amendment to the City of Livermore’s U.S. Department of Housing and Urban Development (HUD) approved Fiscal Year (FY) 2022-23 Action Plan and authorize the City Manager, or her designee, to negotiate and execute any related documents, agreements and modifications with HUD and the sub grantees, Tri-Valley Haven and Axis Community Health. Staff is also requesting a supplemental appropriation in the amount of $64,610 of Human Service Facility Fee funds (Fund 333) in FY 2022-23.
Staff Report
Attachments:
1. FY 2022-23 Final Human Services Grant Funding
2. FY 2022-23 HUD Approved Action Plan
3. Resolution
4. Exhibit A - First Substantial Amendment to FY 2022-23 Annual Action Plan
6.2 Hearing to consider the City of Livermore’s Community Development Block Grant and HOME Investment Partnership Program's Annual Action Plan for FY 2023-24 and authorize submittal to the U.S. Department of Housing and Urban Development.
Livermore City Council Agenda
April 24, 2023
Recommendation:
The Human Services Commission and staff recommend the City Council adopt a resolution approving the FY 2023-24 Annual Action Plan for the HOME Investment Partnership (HOME) and Community Development Block Grant (CDBG) Programs, authorizing its submittal to Alameda County for inclusion with the Alameda County HOME Consortium report, and submission to the U.S. Department of Housing and Urban Development (HUD); authorizing the City Manager, or her designee, to negotiate and execute any related documents, agreements, and modifications related to the to the Action Plan with HUD and authorizing the City Manager, or her designee, to enter into a Memorandum of Understanding (MOU) with City of the Pleasanton to perform a joint Environmental Review for Tri-Valley Haven’s Emergency Shelter Rebuild Project.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - FY 2023-24 Annual Action Plan.pdf
3. Exhibit B - HUD Certifications
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, May 8, 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
Livermore City Council Agenda
April 24, 2023
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 (
[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
Livermore City Council Agenda
April 24, 2023
Zoom Webinar:
https://us02web.zoom.us/j/87522295035
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: 875 2229 5035
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 24, 2023