JUNE 12, 2023 Minutes CM/75/213
MINUTES
CIT
Y COUNCIL
JUNE 12, 2023
________________________________________________________________ CL
OSED SESSION
CALL
TO ORDER – The Closed Session of the City Council was called to order by Mayor John Marchand at 6:30 p m, held in person at 1016 S. Livermore Avenue and remotely using Zoom and YouTube.
ROL
L CALL –
Present: Mayor John Marchand, and Council Member s, Ben Barrientos, Evan Branning and Robert W. Carling.
Absent: Vice Mayor Brittni Kiick.
OP
PORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL
REGARDING CLOSED SESSION ITEMS.
May
or Marchand opened the public comment period.
Ther
e were no speakers, and the hearing was closed.
1. ADJO
URN TO CLOSED SESSION
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 Livermor e- 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.
________________________________________________________________ REG
ULAR MEETING
2. CAL
L TO ORDER – T he meeting of the City Council was called to order by Mayor John Marchand at 7:00 pm, held in person at 1016 S. Livermore Avenue and remotely using Zoom and YouTube.
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ROLL CALL – Present: Mayor John Marchand, Vice Mayor Brittni Kiick and Council Members Ben Barrientos, Evan Branning and Robert W. Carling.
P
LEDGE OF ALLEGIANCE
RE
PORT OF ACTION TAKEN IN CLOSED SESSION
C
ity Attorney Jason Alcala said there was no reportable action. 3 . PROCLAMATIONS AND PRESENTATIONS
3.1 Li
vermore Area Youth Advisory Commission Annual Update
presented by Chair Zhang and Vice Chair Sidhu.
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ecommendation: Staff recommended City Council accept the Livermore Area Youth Advisory Commission annual update.
Li
vermore Area Youth Advisory Chair Zhang and Vice Chair Sidhu presented the update.
3 .2 Presentation of the 2023 High School Senior Arts Awards R
ecommendation: Staff recommend ed the City Council receive the presentation.
M
ayor Marchand presented the 2023 High School Senior Arts Awards to the students.
3 .3 Proclamation declaring June 2023 as LGBTQ+ Pride Month presented to President of Livermore Pride, David Hurst.
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ecommendation: Staff recommend ed City Council declare June 2023 as LGBTQ+ Pride Month.
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ayor Marchand presented the proclamation to President of Livermore Pride, David Hurst.
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
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ecommendation: Staff recommended the City Council receive a presentat ion from the consulting firm JSI on the status of the 2022 Eastern Alameda County Human Services Needs Assessment.
H
uman Services Program Manager Josh Thurman and Project Director Becky DocuSign Envelope ID: 459F3EE9-D963-4438-B943-C083846BB282 JUNE 12, 2023 Minutes CM/75/215
Reno from JSI consulting firm presented the presentation. 4 . OPEN FORUM
Ma
yor Marchand opened the public comment period.
K
eith Rothenberg provided a comment.
J
ohn Stein provided a comment.
A
lan Burnham provided a comment.
D
onna Cabanne provided a comment.
T
ashenia Pearson provided a comment.
T
here were no more speakers, and the public comment period was closed.
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ayor Marchand re-ordered the agenda and moved Item 6.1 to be heard before the Consent Calendar.
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.
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ecommendation: Staff recommended 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. C
onduct 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).
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enior Civil Engineer Debbie Salgado presented the staff report.
M
ayor Marchand opened the public hearing.
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There were no speakers and the hearing was closed.
ON
THE MOTION OF VICE MAYOR KIICK , SECONDED BY COUNCIL
MEMBER CARLING AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:
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esolution 2023 -092 A Resolution of Formation of a Community Facilities District and Future Annexation Area.
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esolution 2023-093 Calling Special Landowner Election for a Community Facilities District.
ON
THE MOTION OF COUNCIL MEMBER BRANNING, SECONDED BY
COUNCIL MEMBER CARLING AND CARRIED ON A 5 -0 VOTE, THE CITY
COUNCIL ADOPTED THE FOLLOWING RESOLUTION AND INTRODUCED THE FOLLOWING ORDINANCE:
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esolution 2023 -094 declaring results of a Special Landowner Election and directing the recording of Notice of Special Tax Lien.
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rdinance introduced levying a S pecial Tax w ithin City of Livermore Community Facilities District No. 2023 -1 (Isabel Neighborhood Specific Plan Services).
5 . CONSENT CALENDAR
Ma
yor Marchand opened the public comment period.
I
tem 5.9 - Jean King provided a comment.
T
here were no more speakers, and the public comment period was closed.
O
N THE MOTION OF VICE MAYOR KIICK SECONDED BY COUNCIL MEMBER BRANNING AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
5.1 Approval of draft minutes - May 8, 2023 Regular Meeting.
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ecommendation: Staff recommended the City Council approve the draft minutes.
5 .2 Resolution 2023 -095 authorizing execution of an annual, interagency agreement with the Livermore- Pleasanton Fire D epartment Joint Powers Authority to provide fleet maintenance and repair services.
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ecommendation: Staff recommended the City Council adopt a resolution authorizing execution of an annual, interagency agreement with the Livermore- DocuSign Envelope ID: 459F3EE9-D963-4438-B943-C083846BB282 JUNE 12, 2023 Minutes CM/75/217
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. 5 .3 Resolution 2023-096 authorizing execution of an agreement with Barry & Wynn Architects, Inc. to provide on- call architectural services in an amount not - to-exceed $300,000.
Rec
ommendation: Staff recommended 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.
5 .4 Resolution 2023-097 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.
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ecommendation: Staff recommended 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.
5 .5 Resolution 2023-098 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.
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ecommendation: Staff recommended 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.
5 .6 Resolution 2023-099 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.
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ecommendation: Staff recommended 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 addi tional construction engineering support services associated with the Livermore Village (L Street) Parking Garage Construction Project 586003.
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5.7 Resolution 2023-100 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
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ecommendation: Staff recommended 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.
5 .8 Resolution 2023-101 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.
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ecommendation: Staff recommended 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. 5 .9 Resolution 2023-102 authorizing execution of a low -income housing agreement with DeNova Homes, Inc. for a subdivision located at the i ntersection of North Canyons Parkway and Triad Drive (VTTM 8609).
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ecommendation: Staff recommended 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).
5. 10 Resolution 2023-103 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.
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ecommendation: Staff recommended the City Council adopt a resolution:
1. Approving Final Tract Map 8609 for recording;
2. Approving and authorizing execution of the Subdivision Impro vement 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
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ehicle Access Easement (E.V.A.E.) and Public Sidewalk Easement (S.W.E.)
5. 11 Resolution 2023-104 approving the Two- Year Budget for Fiscal Years 2023-24 and 2024-25.
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Recommendation: Staff recommend ed that City Council adopt a resolution approving the Two-Year Budget for fiscal years 2023-24 and 2024-25.
5. 12 Resolution 2023-105 establishing a Capital Reserve Policy.
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ecommendation: Staff recommend ed City Council adopt a resolution establishing a Capital Reserve Policy.
5. 13 Resolution 2023-106 establishing the Appropriations Limitation consistent with State law for FY 2023-24
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ecommendation: Staff recommended the City Council adopt a resolution establishing the Appropriations Limit for FY 2023-24.
5. 14 Resolution 2023-107 accepting the Single Audit Report related to federal grants for the Fiscal Year Ending June 30, 2022.
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ecommendation: Staff recommended the City Council adopt a resolution accepting the Single Audit Report report for Fiscal Year 2021-22 as completed.
5. 15 Resolution 2023-108 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.
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ecommendation: Staff recommended 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.
5. 16 Resolution 2023-109 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 Resolution 2023 -110 establishing a pr ocedure for disability retirement determinations for local safety officer employees who are part of the Public Employees’ Retirement System.
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ecommendation: Staff recommended 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.
5. 17 Resolution 2023-111 of continued local emergency.
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Recommendation: Staff recommended the City Council adopt a resolution of continued local emergency in response to impacts from a series of severe storm events.
6 . PUBLIC HEARINGS
I
tem 6.1 was heard before the Consent Calendar.
M
ayor Marchand reordered the agenda to hear Item 6.3 before Item 6.2. 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).
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ecommendation: Staff recommended 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.
M
anagement Analyst Theresa De La Vega presented the staff report.
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ayor Marchand opened the public hearing.
T
here were no speakers and the hearing was closed.
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N THE MOTION OF VICE MAYOR KIICK SECONDED BY COUNCIL
MEMBER CARLING, AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
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esolution 2023 -112 authorizing staff to proceed with negotiating terms for a Development Agreement with developer FM Greenville, LLC (“Forum”). 6 .2 Hearing to consider Development Code Amendment (DCA) 22 -004, which would amend temporary sign standards in the public right-of-way.
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ecommendation: The Planning Commission and staff recommended the City Council:
1. A
dopt 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
2. I
ntroduce an Ordinance approving Development Code Amendment 22- DocuSign Envelope ID: 459F3EE9-D963-4438-B943-C083846BB282 JUNE 12, 2023 Minutes CM/75/221
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.
S
enior Planner Jake Potter presented the staff report.
Ma
yor Marchand opened the public hearing.
M
ichael Godfrey provided a comment.
T
rish Munro provided a comment.
J
ohn Stein provided a comment.
D
avid Stark provided a comment.
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here were no more speakers and the hearing was closed.
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HIS ITEM DIED FOR LACK OF MOTION BY THE CITY COUNCIL.
7 . MATTERS FOR CONSIDERATION - NONE
8 . COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
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HE 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.
Li
vermorium Day CM Branning and VM Kiick noted their attendance at the event on May 30, 2023.
C
ommunity Town Hall CM Branning noted his atte ndance at the event at Rincon Library on June 6, 2023.
Li
vermore Amador Valley Transit Authority CM Branning and VM Kiick noted their attendance at the meeting on June 5, 2023.
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vermore Rodeo and Parade CM Branning and CM Carling noted their attendance at the event on June 10, 2023.
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tate of the City CM Barrientos noted his attendance at the event on May 25, 2023.
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Livermore Amador Valley Transit Authority VM Kiick noted her attendance at the finance committee meeting on
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ivermore-Pleasanton Fire Department Joint Powers Authority VM Kiick noted her attendance at the meeting on June 7, 2023.
E
lection Information City Council directed staff to provide a memo regarding how candidates can communicate information to the public during an election. 9 . ADJOURNMENT – at 9:01 pm to a Regular City Council Meeting on Monday, June 26, 202 3 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
A
TTEST:
M ARIE WEBER, CITY CLERK
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