CITY COUNCIL
AGENDA
MONDAY, JUNE 12, 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/88985105897
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 889 8510 5897
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
June 12, 2023
1. CLOSED SESSION - 6:30 PM
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 Labor Negotiator, Conference Joint Powers Agency Confidential Information.
To meet with Administrative Services Director, Tina Olson, Human Resources Manager, Nancy Dias, Senior Human Resources Analyst Kristen Hilton, Human Resources Analyst II, Kaylin Larson, and Tim Davis, Attorney with Burke, Williams, Sorensen, the City's and the Livermore-Pleasanton Fire Department's negotiators, pursuant to Government Code sections 54957.6 and 54956.96, regarding the Livermore-Pleasanton Fire Department Joint Powers Authority's negotiations with The International Association of Firefighters, Local 1974, AFL- CIO-CLC for the Battalion Chief's unit.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Livermore Area Youth Advisory Commission Annual Update presented by Chair Zhang and Vice Chair Sidhu.
Recommendation:
Staff recommends City Council accept the Livermore Area Youth Advisory Commission annual update.
Staff Report
Attachments:
1. 2023 LAYAC Update to City Council
3.2 Presentation of the 2023 High School Senior Arts Awards
Recommendation:
Staff recommends the City Council receive the presentation.
Staff Report
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
June 12, 2023
3.3 Proclamation declaring June 2023 as LGBTQ+ Pride Month presented to President of Livermore Pride, David Hurst.
Recommendation:
Staff recommends City Council declare June 2023 as LGBTQ+ Pride Month.
Staff Report
3.4 Informational presentation regarding the 2022 Eastern Alameda County Human Services Needs Assessment including an overview of the project scope and status being completed with the cities of Pleasanton and Dublin
Recommendation:
Staff recommends the City Council receive a presentation from the consulting firm JSI on the status of the 2022 Eastern Alameda County Human Services Needs Assessment.
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.
4.1 Public Comment Received
Attachments:
1. Public Comment Received
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 - May 8, 2023 Regular Meeting.
Recommendation:
Livermore City Council Agenda
June 12, 2023
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. 2023-05-08 Draft Minutes
5.2 Resolution authorizing execution of an annual, interagency agreement with the Livermore- Pleasanton Fire Department Joint Powers Authority to provide fleet maintenance and repair services.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing execution of an annual, interagency agreement with the Livermore-Pleasanton Fire Department Joint Powers Authority (Authority) for the City of Livermore to provide preventive maintenance and repair services for Authority fire apparatus fleet as defined in the maintenance agreement.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Maintenance Agreement with LPFD
5.3 Resolution authorizing execution of an agreement with Barry & Wynn Architects, Inc. to provide on-call architectural services in an amount not-to-exceed $300,000.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Barry & Wynn Architects, Inc., in an amount not-to-exceed $300,000, for on-call architectural services.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Engineering Services Agreement with Barry & Wynn Architects, Inc.
5.4 Resolution authorizing execution of an agreement with Kier & Wright Civil Engineers and Surveyors, Inc. to provide on-call civil engineering services in an amount not-to-exceed $300,000.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Kier & Wright Civil Engineers and Surveyors, Inc, in an amount not-to- exceed $300,000, for on-call civil engineering services.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Engineering Services Agreement with Kier & Wright Civil Engineers and
Livermore City Council Agenda
June 12, 2023
Surveyors, Inc.
5.5 Resolution authorizing execution of an agreement with Schaaf & Wheeler, in an amount not- to-exceed $400,000, to provide on-call engineering services for various City projects including design of repairs for sites damaged during the 2023 storm events, hydraulic modeling support, and master planning.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an Engineering Services Agreement with Schaaf & Wheeler, in an amount not-to-exceed $400,000, to provide on-call engineering services for various City projects including design of repairs for sites damaged during the 2023 storm events, hydraulic modeling support, and master planning.
Staff Report
Attachments:
1. Site Plan
2. Resolution
3. Exhibit A- Schaaf & Wheeler Agreement
5.6 Resolution authorizing execution of the third amendment to the engineering services agreement with Watry Buehler Collaborative, LLP increasing the not-to-exceed contract amount from $1,624,000 to $1,792,800 for additional construction engineering support services associated with the Livermore Village (L Street) Parking Garage Construction, Project 586003
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute the third amendment to the engineering services agreement with Watry Buehler Collaborative, LLP increasing the not-to-exceed contract amount from $1,624,000 to $1,792,800 for additional construction engineering support services associated with the Livermore Village (L Street) Parking Garage Construction Project 586003.
Staff Report
Attachments:
1. Site Plan
2. Resolution
3. Exhibit A - Third Amendment to Engineering Services Agreement with Watry Buehler Collaborative, LLP
5.7 Resolution authorizing an agreement with Innovative Claims Solutions (ICS) in an amount not- to-exceed $121,861 in FY 2023-24 and $127,954 in FY 2024-25 for third-party administration services for the City’s Self-Insured Workers’ Compensation Program
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Attorney to execute a two-year agreement for Innovative Claims Solutions to provide third-party administration services for the City’s self-administered workers’ compensation program.
Livermore City Council Agenda
June 12, 2023
Staff Report
Attachments:
1. Resolution
2. Exhibit A - ICS Agreement
5.8 Resolution adopting a list of projects for FY 2023-24 funded by Senate Bill 1 and approving the use of Road Maintenance and Rehabilitation Account Funds.
Recommendation:
Staff recommends the City Council adopt a resolution approving a list of projects funded by Senate Bill 1 in FY 2023-24 and approve the use of State Road Maintenance and Rehabilitation Account Funds.
Staff Report
Attachments:
1. Projects Map with SB1 Funds - FY23-24
2. Resolution
3. Exhibit A - SB1 Project List
5.9 Resolution authorizing execution of a low-income housing agreement with DeNova Homes, Inc. for a subdivision located at the intersection of North Canyons Parkway and Triad Drive (VTTM 8609).
Recommendation:
Staff recommends the City Council adopt a resolution authorizing execution of a "Low Income For Sale Housing Agreement" with DeNova Homes, Inc. for a 112-unit subdivision located at the intersection of North Canyons Parkway and Triad Drive (VTTM 8609).
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Low Income For Sale Housing Agreement with DeNova Homes, Inc
5.10 Resolution approving Final Tract Map 8609 and Subdivision Improvement Agreement for the Triad Condominium Development (CAVA) at the northwest corner of North Canyons Parkway and Triad Drive.
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Approving Final Tract Map 8609 for recording;
2 .
Approving and authorizing execution of the Subdivision Improvement Agreement which includes a 12-month extension (24 months in total) to complete the required improvements; and
3 .
Accepting, on behalf of the public, all real property offered for dedication within Final Tract Map 8609 in conformance with the terms of the offer except for the following, which the Council rejects at this time reserving the right to accept the offer at a future date: Public Utility Easement (P.U.E.), Sanitary Sewer Easement (S.S.E.), Emergency
Livermore City Council Agenda
June 12, 2023
Vehicle Access Easement (E.V.A.E.) and Public Sidewalk Easement (S.W.E.)
Staff Report
Attachments:
1. Vicinity Map
2. Resolution
3. Exhibit A - Final Tract Map 8609
4. Exhibit B - Subdivision Improvement Agreement
5.11 Resolution approving the Two-Year Budget for Fiscal Years 2023-24 and 2024-25.
Recommendation:
Staff recommends that City Council adopt a resolution approving the Two-Year Budget for fiscal years 2023-24 and 2024-25.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Budget Book Final
Exhibit B - CIP Book FY23-28
5.12 Resolution establishing a Capital Reserve Policy.
Recommendation:
Staff recommends City Council adopt a resolution establishing a Capital Reserve Policy.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Capital Reserve Policy
5.13 Resolution establishing the Appropriations Limitation consistent with State law for FY 2023-24
Recommendation:
Staff recommends the City Council adopt a resolution establishing the Appropriations Limit for FY 2023-24.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Appropriation Limit FY 2023-24.pdf
5.14 Resolution accepting the Single Audit Report related to federal grants for the Fiscal Year Ending June 30, 2022.
Recommendation:
Staff recommends the City Council adopt a resolution accepting the Single Audit Report report for Fiscal Year 2021-22 as completed.
Livermore City Council Agenda
June 12, 2023
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Federal Awards Report in Accordance with the Uniform Guidance
5.15 Resolution authorizing an interfund loan in the amount of $500,000 between the Sewer Fund (Lender) and General Fund (Borrower) to fund replacement of Livermore's fire stations' alerting system.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing a $500,000 interfund loan between the Sewer Fund (Lender) and General Fund (Borrower) to fund replacement of Livermore's fire stations' alerting system.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Interfund Loan Agreement
5.16 Resolutions delegating authority to the Administrative Services Director to make retirement determinations for local safety member employees, and to submit employer-originated disability applications on behalf of all employees, and establishing a procedure for disability retirement determinations for local safety officer employees
Recommendation:
Staff recommends City Council take two actions:
1 .
Adopt a resolution delegating authority to the Administrative Services Director to make retirement determinations for local safety member employees of the Public Employees Retirement System and to submit employer-originated disability applications on behalf of all employees; and,
2 .
Adopt a resolution establishing a procedure for disability retirement determinations for the City of Livermore's local safety officer employees who are members of the Public Employees' Retirement System.
Staff Report
Attachments:
1. Resolution - Delegation of Authority
2. Resolution - Administrative Procedures
5.17 Resolution of continued local emergency.
Recommendation:
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:
Livermore City Council Agenda
June 12, 2023
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 Public hearing, landowner election, and actions related to formation of Community Facilities District No. 2023-1 for maintenance and public services within the Isabel Neighborhood Specific Plan area pursuant to the Mello- Roos Community Facilities Act of 1982.
Recommendation:
Staff recommends the City Council take the following actions in connection with the proposed formation of Community Facilities District No. 2023-1 for maintenance and public services within the Isabel Neighborhood Specific Plan area (CFD) and a related Future Annexation Area pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Mello-Roos Act"):
1 .
Conduct the public hearing and consider written and oral protests; 2 .
Adopt the resolution of formation of a Community Facilities District and Future Annexation Area;
3 .
Adopt a resolution calling a special landowner election for a community facilities district, and direct the City Clerk to complete the landowner elections; 4 .
Adopt a resolution declaring the results of the special landowner election and, if the election is successful, direct recording of Notice of Special Tax Lien; and 5 .
Introduce an ordinance levying special taxes within the CFD (including any territory that annexes into the CFD from the Future Annexation Area).
Staff Report
Attachments:
1. Resolution of Formation
2. Exhibit A - Description of Services
3. Exhibit B - Rate and Method of Apportionment
4. Resolution Calling for Election
5. Exhibit A - Official Ballot
6. Resolution Declaring Results
7. Exhibit A - Declaring Results
8. Ordinance
6.2 Hearing to consider Development Code Amendment (DCA) 22-004, which would amend temporary sign standards in the public right-of-way.
Recommendation:
The Planning Commission and staff recommend the City Council:
1 .
Adopt a Resolution finding the project is exempt under the California Environmental Quality Act, in accordance with California Public Resources Code Section 21084 and CEQA Guidelines Section 15304(e), which exempts minor temporary use of land having negligible or no permanent effects on the environment; and
Livermore City Council Agenda
June 12, 2023
2 .
Introduce an Ordinance
approving Development Code Amendment 22-004, which
would amend Livermore Development Code Section 4.06.140 to allow temporary commercial and non-commercial signs in the public right-of-way at intersections of city streets outside the Downtown area from Thursday to Monday.
Staff Report
Attachments:
1. Staff Analysis with Supplemental Memo
2. July 2020 PC Reso
3. July 2020 CC Report
4. Aug 2020 CC Ordinance
5. Oct 2022 CC Report
6. Nov 2022 CC Report
7. Nov 2022 CC Ordinance
8. Draft Planning Commission Meeting Minutes
9. Public Comment
10. CEQA Resolution
11. Exhibit A - PC CEQA Reso
12. Ordinance
13. Exhibit A - PC Project Reso
14. Exhibit B - Proposed Redlines
6.3 Hearing to authorize negotiation of a Development Agreement to secure funding and timing of off-site public improvements in association with an industrial proposal known as the Greenville Community Charging Depot (Greenville CCD).
Recommendation:
Staff recommends the City Council adopt a resolution authorizing staff to proceed with negotiating the terms of a Development Agreement with FM Greenville, LLC ("Forum"), to develop an industrial project known as the Greenville Community Charging Depot (Greenville CCD) to be considered by the City Council at a later date.
Staff Report
Attachments:
1. 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, June 26, 2023 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.
Livermore City Council Agenda
June 12, 2023
10. SUPPLEMENTAL MATERIALS
10.1 Supplemental materials received prior to the meeting.
Staff Report
Attachments:
1. Supplemental Materials
10.2 Supplemental materials received at the meeting.
Staff Report
Attachments:
1. Items Received at the Meeting
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 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.
Livermore City Council Agenda
June 12, 2023
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/88985105897
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: 889 8510 5897
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
.
Livermore City Council Agenda
June 12, 2023
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
June 12, 2023