JUNE 26, 2023 Minutes CM/75/223
MINUTES
CI
TY COUNCIL
JUNE 26, 2023
________________________________________________________________ C
LOSED SESSION
CAL
L TO ORDER – The Closed Session of the City Council was called to order by Mayor John Marchand a t 6:30 pm, held in person at 1016 S. Livermore Avenue and remotely using Zoom and YouTube.
RO
LL CALL –
P
resent: Mayor John Marchand and Council Member s, Ben Barrientos, Evan Branning and Robert W. Carling.
A
bsent: Vice Mayor Kiick
Ci
ty Attorney Jason Alcala made the following announcement: The basis for this closed session is a letter dated June 2, 2023 from DLA Piper LLP to the City of Livermore that disputes Livermore’s Notice of Incomplete Preliminary Application that was sent in response to the Isabel Portola Owner LLC’s preliminary project application dated February 16, 2023. A copy of the letter is on file in the City Attorney’s Office and available if requested.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CI TY COUNCIL REGARDING CLOSED SESSION ITEMS.
M
ayor Marchand opened the public comment period.
T
here were no speakers and the hearing was closed.
1. ADJ
OURN TO CLOSED SESSION
1.1 Conference with Legal Counsel - Anticipated Litigation. To meet with legal counsel pursuant to Government Code sections 54956.9(d)(2) and (e)(2 ) because there is significant exposure to litigation against the City based on existing facts and circumstances. (One Case.)
Facts and circumstances related to an accident, disaster, incident, or transactional occurrence that might result in litigation against the City and that are known to a potential plaintiff or plaintiffs.
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RE GULAR MEETING
2. C
ALL TO O RDER – T he meeting of the City Council was called to or der by Mayor John Marchand a t 7:00 pm, held in person at 1016 S. Livermore Avenue and remotely using Zoom and YouTube.
RO
LL CALL –
Present: Mayor John Marchand, and Council M embers Ben Barrientos, Evan Branning and Robert W. Carling.
A
bsent: Vice Mayor Kiick
PL
EDGE OF ALLEGIANCE
REPO
RT OF ACTION TAKEN IN CLOSED SESSION
C
ity Attorney Jason Alcala said there was no reportable action.
3. PRO
CLAMATIONS AND PRESENTATIONS – NONE
M
AYOR MARCHAND MOVED ITEM 4. OPEN FORUM AFTER ITEM 7.2.
5. C O
NSENT CALENDAR
M
ayor Marchand opened the public comment period.
I
tem 5.7 Van Rainey commented on the item.
I
tem 5.1 & 5.11 Constance Kopps commented on the item.
I
tem 5.2 David McGuigan commented on the item.
T
here were no more speakers and the public comment period was closed.
O
N THE MOTION OF CM BRANNING , S ECONDED BY CM CARLING, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCI L APPROVED THE CONSENT CALENDAR.
5.1 A
pproval of draft minutes - May 15, 2023 Special Meeting and May 22, 2023 Regular Meeting.
5.2 Adoption of O rdinance 2147 to levy special taxes within Community Facilities District 2023 -1 (Isabel Neighborhood Specific Plan Services), including any territory that annexes into the district from the Future Annexation Area.
5.3 Resolution 2023-113 awarding and authorizing execution of an agreement with Cazadoro Construction Inc. for a one-year term for the furnishing and installation of storm drain trash capture devices and "No Dumping" markers to be placed across the City, in an amount not -to-exceed $214,500 for the Storm DocuSign Envelope ID: 42AD8F96-9F68-4A56-AAD1-7F3595DD4949 JUNE 26, 2023 Minutes CM/75/225
Drain Trash Capture Devices, Project 2021-12.
5.4 Resolution 2023-114 authorizing execution of an agreement with Jacobs Engineering Group Inc., for the Water Resources Division’s Supervisory Control and Data Acquisition (SCADA) Network Upgrade Project, for a two- year term, in an amount not-to-exceed $296,954 and authorizing the City Manager to approve equipment procurement in an amount not-to-exceed $120,000.
5.5 R
esolution 2023-115 authorizing execution of an agreement with Construction Testing Services, Inc. to provide on- call geotechnical engineering and material testing consulting services for a threeyear term, in an amount not - to-exceed $60.
5.6 R
esolution 2023-116 authorizing execution of an agreement wit h BSK Associates to provide on- call geotechnical engineering and material testing consulting services for a three-year term, in an amount not-to-exceed $600,000.
5.7 Resolution 2023-117 authorizing execution of an agreement with Terracare Associates for landscape maintenance services for five years with an option for one five-year extension, in an amount not-to-exceed $1,150,000.
5.8 Res
olution 2023-118 authorizing execution of an agreement with DC Electric Group, Inc. for on call streetlight and traffic signal maintenance services, for three years with an option for one twoyear extension, in an amount not -to- exceed $700,000.
5.9 R
esolution 2023-119 authorizing execution of an agreement with Old Brit Consulting for general IT consulting services over a three- year term, in an amount not-to-exceed $750,000.
5.10 R
esolution 2023-120 authorizing a purchase order to Baker & Taylor Books for purchases of library books and related materials in Fiscal Year 2023- 24, in an amount not-to-exceed $230,000.
5.11 R
esolution 2023-121 to summarily vacate a portion of an existing sewer easement located within the Livermore Hotel Corporation property adjacent to Chick-fil-A and accepting Parcel Map 10720 (Chick-fil-A) public improvements for permanent maintenance and Resolution 2023-122 accepting Chick Fil-A Parcel Map 10720 public improvements for permanent maintenance and release of security.
5.12 R
esolution 2023-123 approving the update to the City of Livermore Standard Details, which are used to con struct improvements to the City's infrastructure, dated May 23, 2023, and delegating discretionary authority to the City Engineer to approve future revisions to the City Standard Details and Specifications, in accordance with Government Code section 830.6 and with the Livermore Municipal Code section 2.68.600.
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5.13 Resolution 2023-124 approving modifications to the City of Livermore Salary Plan to reflect previously approved labor agreements in accordance with California Code of Regulations, Title 2, Section 570.5.
5.14 R
esolution 2023-125 approving the Memorandum of Unde rstanding (Labor Agreement) between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Fire Fighters, Local 1974, Battalion Chiefs Unit, for the term of September 1, 2022, through June 30, 2025.
5.15 Resolution 2023-126 approving the updated Investment Policy and the annual delegation of investment authority to the City Treasurer.
6. P
UBLIC HEARINGS
6.1 H
earing for the confirmation of the levy of assessments for the City’s Landscape Maintenance Districts for Fiscal Year 2023-24.
Recommendation: Staff recommend ed the City Council conduct a public hearing for the confirmation of the annual levy of assessm ents for the City’s Landscape Maintenance Districts for Fiscal Year 2023 -24. Upon closure of the public hearing, staff recommends the City Council adopt a resolution confirming the annual levy of assessments for the City’s Landscape Maintenance Districts and
directing actions with respect thereto for Fiscal Year 2023-24.
M
anagement Analyst II Marisa Gan presented the staff report.
M
ayor Marchand opened the public hearing.
T
here were no speakers and the hearing was closed.
ON
THE MOTION OF CM BARRIENTOS, SECONDED BY CM BRANNING AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOL LOWING RESOLUTION:
Res
olution 2023-127 confirming the annual levy of assessments for landscape maintenance districts for fiscal year 2023- 2024 and directing actions with respect thereto.
6.2 H
earing t o receive and consider all evidence and rep orts regarding the adoption of a Master Fee Schedule. The Master Fee Schedule Resolution establishes fees for City services. The fee resolution and accompanying justification includes new, increased, and decreased fees into one document.
Re
commendation: Staff recommended the City Council adopt a resolution adopting the City's Master Fee Schedule, incorporating certain fee changes and superseding resolution 2022-115.
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Administrative Services Director Tina Olson presented the staff report.
M
ayor Marchand opened the public hearing.
T
here were no speakers and the hearing was closed.
ON
THE MOTION OF CM CARLING, SECONDED BY CM BRANNING AND
CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolut
ion 2023-128 adopting the master fee schedule incorporating certain fee changes for services provided and superseding resolution 2022-115.
7. M
ATTERS FOR CONSIDERATION
7.1 D
iscussion and recommended approval of the Airport Leasing and Development Policy.
R
ecommendation: The Airport Commission and staff recommended the City Council adopt a resolution approving the new Airport Leasing and Development Policy.
A
irport Manager Michael Muska presented the staff report.
M
ayor Marchand opened the public comment period.
F
elicia Ziomek provided a comment.
Sh
irley Lewandowski provided a comment.
Gia
Keiper provided a comment.
T
aris Keiper provided a comment.
J
ohn Youngblood provided a comment.
Jean
King provided a comment.
D
avid Fiala provided a comment.
D
onna Cabanne provided a comment.
Va
n Rainey provided a comment.
Jam
es McSharry provided a comment.
J
onathan Krueger provided a comment.
C
arol Silva provided a comment.
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S
andra Philippe provided a comment.
C
onstance Kopps provided a comment.
P
ete Sandhu provided a comment.
D
oug Mann provided a comment.
B
ob Tucknott provided a comment.
R
obin Teslich provided a comment.
R
on Baskett provided a comment.
Mich
ael Ferucci provided a comment.
S
unil Hariani provided a comment.
Pur
nam Sheth provided a comment.
T
here were no more speakers and the public comment period was closed.
ON
THE MOTION OF CM CARLING, SECONDED BY CM BARRIENTOS AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL CONTINUED THE ITEM TO
THE NEXT REGULAR CITY COUNCI L MEETING AND INSTRUCTED STAFF TO INCORPORATE THE PROVIDED DIRECTION:
1. 1.
2 Goals: Add a 6 th criterion (compatibility section) to the policy stating that the Poli cy will disc ourage development inconsi stent with the airport’s development priorities as stated herein and in the 2010 resolution.
2. 1.2 Economic: Add language to the policy stating that the policy will support local economy and ensure economic vitality and remove wording about air cargo planes.
3. 1.2 Function: Add wording stating that projects will be evaluated by the Airport Advisory Commission.
7.2 A
ppointment of Council Members to the Ci ty Council Subcommittee on Advisory Bodies for the period of July 1 - December 31, 2023.
R
ecommendation: Staff recomm ended the Mayor appoint two Council Members to serve on the City Council Subcommittee on Advisory Bodies for the period of July 1 - December 31, 2023, with the City Council's approval.
The
re were no speakers and the public comment period was closed.
T
HE MAYOR APPOINTED CM BARRIENTOS AND CM CARLING TO THE
CITY COUNCIL SUBCOMMITTEE ON ADVISORY BODIES FOR THE PERIOD OF JULY 1 – DECEMBER 31, 2023.
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M
AYOR MARCHAND MOVED ITEM 4. OPEN FORUM AFTER ITEM 7.2.
4. O
PEN FORUM
M
ayor Marchand opened the public comment period.
M
ichael Godfrey provided a comment.
L
ori Marra-Christner provided a comment.
Jen
nifer Branchini provided a comment.
R
obin Young provided a comment.
K
evin McCallum provided a comment.
Ge
raldine Ramirez provided a comment.
Tony
Arsondi provided a comment.
D
evon Corkery provided a comment.
Ma
ry Anne Rozsa provided a comment.
T
ammy Barstow provided a comment.
D
on Faught provided a comment.
R
icky Walters provided a comment.
Jean
King provided a comment.
M
ony Nop provided a comment.
S
ean Leggat provided a comment.
S
ophie Mao provided a comment.
F
rancis Rodgers provided a comment.
C
arol Silva provided a comment.
C
onstance Kopps provided a comment.
Gle
n Riggs provided a comment.
D
oug Mann provided a comment.
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Jeff Kaskey provided a comment.
A
lyssa Erickson provided a comment.
D
avid Stark provided a comment.
D
orothy Broderson provided a comment.
T
here were no more speakers and the public comment period was closed. 8 . COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
T
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.
Q
uest Science Center CM Carling noted his attendance at the activity on June 17, 2023.
Jun
eteenth Celebration CM Carling noted his attendance at the c elebration on June 17, 2023.
H
eritage Guild Celebration CM Carling note d his attendance at the event on June 17, 2023.
Adv
isory Body Interviews CM Carling noted his participation in the interviews on June 22, 2023.
B
oy S cout Tro op 939 CM Carling noted his atten dance at the 100 year celebration on June 24, 2023.
G
oodness Village CM Carling noted his attendance at the fundraiser on June 24, 2023.
9 . ADJOURNMENT – at 10:32 pm to a Regular City Council Meetin g on Monday, January 23, 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
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ATTEST:
M ARIE WEBER, CITY CLERK
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