APRIL 24, 2023 Minutes CM/75/191
MINUTES
CI
TY COUNCIL
APRIL 24, 2023
______________________________________________________________ __ RE
GULAR MEETING
1. C
LOSED SESSION - NONE.
2 . CALL 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.
RO
LL CALL – Present: M ayor John Marchand, Vice Mayor Brittni Kiick and Council Members Ben Barrientos, Evan Branning and Robert W. Carling.
PL
EDGE OF ALLEGIANCE
3 . PROCLAMATIONS AND PRESENTATIONS
3 .1 Presentation of the 2023 Livermore Water Conservation Art Contest Awards.
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ecommendation: Staff recommend City Council present awards to the finalists of this year's Livermore Water Conservation Art Contest.
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ater Resources Communications Representative Natalie Croak presented the staff report and Mayor John Marchand presented the 2023 Livermore Water Conservation Art Contest Awards along with representatives from Cal Water and Zone 7
3 .2 P roclamation recognizing May 2023 as Community Service Recognition Month in the City of Livermore. Presented to Judy Erlandson Acting Assistant Public Works Director.
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ecommendation: Staff recommended the City Council recognize May 2023 as Community Service Recognition Month to highlight the significant differences that volunteers make to the City of Livermore.
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ayor Marchand presented a proclam ation to Acting Assistant Public Works Director Judy Erlandson recognizing May as Community Service Recognition Month.
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3.3 Proclamation declari ng April 23 - 29, 2023 National Crime Vict ims' Rights Week, presented to Lindsay Reynolds, Senior Victim and Witness Advocate at Alameda County.
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ecommendation: Staff recommend ed the City Council declare April 23 - 2 9, 2023 as National Crime Victims' Rights Week.
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ayor Marchand presented a proclamation to Lindsay Reynold Senior Victim and Witness Advocate at Alameda County declaring April 23-29, 2023 National Crime Victims’ Rights Week.
3 .4 Proclamation declaring April 2023 as Arts, Culture and Creativi ty Month presented to Anne Giancola, Visual Arts and Education Manager at Livermore Valley Arts.
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ecommendation: Staff recommended City Council declare April 2023 as Arts, Culture and Creativity Month.
May
or Marchand presented a proclam ation to Anne Gia ncola declaring April 2023 as Arts, Culture and Creativity Month.
4. O
PEN FORUM
Ma
yor Marchand opened the public comment period.
Dav
id McGuigan provided a comment.
W
ill Bolton provided a comment.
M
ichael Galvan provided a comment.
C
arol Garberson provided a comment.
T
rish Munro provided a comment.
Th
ere were no more speakers and the public comment period was closed.
5. C O
NSENT CALENDAR
Ma
yor Marchand opened the public comment period.
I
tem 5.10 Marti Sutton provided a comment.
C
hristine Dillman provided a comment.
L
iz Perez provided a comment.
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There were no more speakers and the public comment period was closed.
ON
THE MOTION O F CM CARLING , SECO NDED BY VM KIICK , AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR ITEMS.
5.1 A
pproval of draft minutes - April 10, 2023 Regular Meeting.
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ecommendation: Staff recommend ed the City Council approve the draft minutes.
5 .2 Resolution 2023-059 authorizing the City Manager t o 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.
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ecommendation: Staff recommended the City Cou ncil 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 (Mobilitie) for the installation and maintenance of broadband data communication infrastructure within the City’s public right-of-way.
5 .3 Resolution 2023-060 designating the City Manager as the City's agent for federal and state disaster assistance and Resolution No. 2023 -061 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.
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ecommendation: Staff recommended 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.
5.4 R
esolution 2023-062 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).
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ecommendation: Staff recommended the City Council adopt a resolut ion 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 telecommuni cation facility leases.
5.5 R
esolution 2023-063 authorizing the continued participation in the DocuSign Envelope ID: D56BAF20-5817-4315-BB58-EEF488FCAFB6 CM/75/194 Minutes APRIL 24, 2023
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 Consortiu m for federal fiscal years 2024, 2025, and 2026
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ecommendation: Staff recommended the City Council adopt a resolution:
1. A
uthorizing the continued partici pation by the City of Livermore in the Alameda County HOME Investment Partnership Program Consorti um 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. 5 .6 R esolution 2023-064 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. R
ecommendation: Staff recommended 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.
5 .7 Resolution 2023-065 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.
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ecommendation: Staff recommended 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.
5 .8 Resolution 2023-066 authorizing execution of license agreeme nts with First St reet 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 First Street.
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ecommendation: Staff recommended t he 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.
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5.9 Resolution 2023-067 approving revisions to the existing policy for Leasing City of Livermore- Owned Properties for Wireless Telecommunication Facilities.
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ecommendation: Planning Commission and staff recommend ed the City Council adopt a resolution approving revisions to the Policy for Leasing City of Livermore-Owned Properties for Wireless Telecommunication Facilities.
5. 10 Resolution 2023-068 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 i n the total amount of $78,951 for Fiscal Year 2023-24.
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ecommendation: Staff and the Human Services Commission recommend ed the City Council adopt a resolution:
1. A
ppropriating $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 $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 th e Commission for funding but were unable to be awarded due to the insuff icient availability of Social Opportunity Endowment funds.
5. 11 Resolution 2023-069 authorizing a supplemental appropriation in the amount of $2,755,000 to Fiscal Year 2023- 24 and awarding and authori zing 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. R
ecommendation: Staff recommended the City Council adopt a resolution for the 2021 Slurry Seal Project 2021- 04:
1. A
uthorizing a supplemental appropriation of Solid Waste & Recycling Impact Fees (Fund 344) in the amount of $45,000 from FY 2022- 23 to FY 2023- 24 and $520,000 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;
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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.
5. 12 Resolution 2023-070 ratifying the acceptance and appropriation of the Alameda County Homeless Housing, Assistance and Prevention (HHAP) Program funds in the amount of $423,010 to provide operating subs idies in new and existing affordable or supportive housing units.
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ecommendation: Staff recommended 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. Rati
fy the City's a cceptance 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.
5. 13 Resolution 2023-071 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 th e Livermore- Pleasanton Fire Department Joint Powers Authority in an amount not-to-exceed $182,000.
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ecommendation: Staff recommended 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 DocuSign Envelope ID: D56BAF20-5817-4315-BB58-EEF488FCAFB6 APRIL 24, 2023 Minutes CM/75/197
2022-23 in an amount not- to-exceed $182,000.
5. 14 Resolution 2023-072 of continued local emergency.
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ecommendation: Staff recommended the City Council adopt a resolution of continued local emergency in response to impacts from a series of severe storm events.
5. 15 Resolution 2023-073 delegating authority to the City Manager to appoint the City's representative to the Tri -Valley Community Television Board of Directors.
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ecommendation: Staff recommended 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.
6. P
UBLIC HEARINGS
6.1 H
earing t o 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 appro ving a supplemental appropriation in the amount of $64,610 of Human Service Facility Fee funds to support Axis Community Health
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ecommendation: Staff recommended 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.
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anagement Analyst Amy Walker presented the staff report.
Ma
yor Marchand opened the public hearing.
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here were no speakers and the hearing was closed.
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N THE MOTION OF VM KIICK, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOL LOWING RESOLUTION:
Res
olution 2023-074 approving the First Substantial Amendment t o the City of Livermore’s U.S. Department o f Housing and Urban Development Fiscal Year DocuSign Envelope ID: D56BAF20-5817-4315-BB58-EEF488FCAFB6 CM/75/198 Minutes APRIL 24, 2023
(FY) 2022-23 Action Plan; authorizing the City Manager to negotiate and execute all related documents; and approving a supplemental a ppropriation of $64,610 from the Human Service Facility Fee Fund (Fund 333)
6 .2 Hearing to consider the City of Livermore’s Community Development Block Grant and HOME Investmen t Partnership Program's Annual Action Plan for FY 2023 -24 and authorize submitt al to the U.S. Department of Housing and Urban Development.
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ecommendation: The Human Services Commission and staff recommend ed 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.
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anagement Analyst Amy Walker presented the staff report.
Ma
yor Marchand opened the public hearing.
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here were no speakers and the hearing was closed.
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N THE MOTION OF CM CARLING, SECONDED BY CM BRANNING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL DIRECTED STA FF TO
PROVIDE A MEMORANDUM REGARDING HOW TO MORE EFFECTIVELY
SPEND FUNDS AS THEY COME IN AND ADOPTED THE FOL LOWING
RESOLUTION:
Res
olution 2023-075 approving the FY 2023- 24 Annual Action Plan and authorizing submittal to the U.S. Department of Housing and Urban Development.
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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Human Services Grant Pro cess Evaluation the City Council direct ed staff to review the grant process in other Tri -Valley Cities , conduct a survey re garding how grants are graded, and bring back a recommendation regarding process improvement.
Native Plant Policy the City Council directed staff to provide information regarding whether the City has a Native Plant Policy in place.
East Avenue Grand Opening Vice Mayor Kiick noted her attendance at the event on April 14, 2023.
Livermore Pleasanton Fire JPA Vice Mayor Kiick noted her attendance at the board meeting on April 18, 2023.
Compost Day Vice Mayor Kiick noted her participation in the event on April 22, 2023.
Tri-Valley Regional Rail Authority Vice Mayor Kiick noted her attendance at the Valley Link meeting on April 12, 2023. She also noted that due to scheduling conflicts she will be removed from the board in the future.
9 . ADJOURNMENT – at 8:34 pm 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. .
APPROVED:
J OHN P. MARCHAND, MAYOR
ATTEST:
M ARIE WEBER, CITY CLERK
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