JULY 10, 2023 Minutes CM/75/232
MINUTES
CITY COUNCIL
JULY 10, 2023
________________________________________________________________
CLOSED SESSION
CALL TO ORDER – The Closed Session of the City Council was called to order by Mayor John Marchand at 6:30 pm, held in person at 1016 S. Livermore Avenue and remotely using Zoom and YouTube.
ROLL CALL – Present: Mayor John Marchand, Vice Mayor Brittni Kiick , and Council Members, Ben Barrientos, Evan Branning and Robert W. Carling.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL
REGARDING CLOSED SESSION ITEMS.
Mayor Marchand opened the public comment period.
Jean King provided a comment.
There were no more speakers and the hearing was closed.
1. ADJOURN TO CLOSED SESSION
1.1 Conference with Real Property Negotiator. To meet with Steve Stewart Planning Manager and Andy Ross Economic Development Manager, the City’s negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor’s Parcel No. 99B- 5680-4 and 99B -5680–20. The City's negotiators may negotiate with Daniel Buffington, Realtor, on behalf of the Brooks Beverly J Trust & House, Doris E. The instructions will concern price and terms of payment.
1.2 Conference with Real Property Negotiator. To meet with Steve Stewart Planning Manager and Andy Ross Economic Development Manager, the City ’s negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor’s Parcel No. 99B- 5685-12. The City's negotiators may negotiate with Daniel Buffington, Realtor, on behalf of Mike Fuller Motorsports Inc. The instructions will concern price and terms of payment.
1.3 Conference with Real Property Negotiator. To meet with Steve Stewart Planning Manager and Andy Ross Economic Development Manager, the City’s
CM/75/233 Minutes JULY 10, 2023
negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor’s Parcel No. 905- 3-12. The City's negotiators may negotiate with Sara Rieck and Michael Reeves, on behalf of the East Bay Regional Park District. The instructions will concern price and terms of payment.
________________________________________________________________ RE
GULAR MEETING
2 . CALL TO ORDER – The 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.
RO
LL 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 Confirm Advisory Body appointments to the Livermore Area Youth Advisory Commission, direct the City Clerk to administer the oath of office, and approve extending the term for Commission for the Arts member Rajagopal Kowligi to January 1, 2027.
Li
vermore Area Youth Advisory Commission
Reappointment to a regular term ending September 1, 2025 • Gr
eta Fick-Furlotte
• Sai Gayathri Penugonda
• William Pinkston-Mastishov
• Michael Zhang
Li
vermore Area Youth Advisory Commission
Appointment to a regular term ending September 1, 2025
• A
shwin Gaur
• Jessica Seburn
• Ojasvi Sharma
• Isha Sahu
• Adelyne (Addie) McMichael
JULY 10, 2023 Minutes CM/75/234
Commission for the Arts
Extend the unexpired term of Rajagopal Kowligi to January 1, 2027 ON THE
MOTION OF CM CARLING, SECONDED BY VM KIICK, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE RECOMMENDATIONS FOR ADVISORY BODY APPOINTMENTS.
3.2 Liv
ermore Housing Authority Annual Update presented by Sarah Ramler, Executive Director, Livermore Housing Authority.
4. OPEN
FORUM
Mayo
r Marchand opened the public comment period.
Gre
g Scott provided a comment.
Nancy
McKenzie provided a comment.
Kevin
McCallum provided a comment.
Mike G
odfrey provided a comment.
Alyss
a Erickson provided a comment.
Mary A
nne Rosza provided a comment.
Doug Ma
nn provided a comment.
Sean L
eggat provided a comment.
There
were no more speakers, and the public comment period was closed.
5. CONS
ENT CALENDAR
Mayo
r Marchand opened the public comment period.
There w
ere no speakers and the public comment period was closed.
ON THE M
OTION OF VM KIICK, SECONDED BY CM CARLING AND CARRIED
ON A 5-0 VOTE THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
5.1 Appr
oval of draft minutes - June 12, 2023 and June 26, 2023 Regular Meetings.
5.2 Re
solution 2023-129 authorizing execution of an agreement with Barry & Wynn Architects, Inc. to design and provide bidding and construction support services for the replacement, repairs, and improvements to the Administration
CM/75/235 Minutes JULY 10, 2023
Building at the City of Livermore Water Reclamation Plant as part of the WRP Occupied Building Repairs – Administration Project 2023-22 in an amount not-to- exceed $393,400 and a term ending June 30, 2026.
5.3 Re
solution 2023 -130 clarifying a previous City Council authorization to summarily vacate a portion of the existing storm drain easement in Veterans Way, recorded May 20, 1968, reel 2184, images 414- 420, and authorizing the City Manager to quitclaim the storm drain easement to unencumber the Blacksmith Square Expansion and the L Street Garage Project.
6. PUBLI
C HEARINGS
6.1 Hear
ing to receive and consider all objections and protests related to the non-payment of sewer service provided by the City of Livermore as of June 30, 2023, for collection on the County Assessor tax roll.
Rec
ommendation: Staff recommended the City Council consider protests, adopt a resolution overruling protests, and direct staff to forward a finalized copy of the assessment list to the County Tax Assessor.
Acc
ounting Supervisor Ann Furtado presented the staff report.
Mayor
Marchand opened the public hearing.
There w
ere no speakers, and the hearing was closed.
ON THE
MOTION OF CM BRANNING, SECONDED BY CM BARRIENTOS AND
CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Res
olution 2023-131 overruling protests and ordering placement of delinquent sewer accounts on the property tax roll.
7. MATT
ERS FOR CONSIDERATION
7.1 Appr
oval of the City Council 2024 Meeting Calendar.
Rec
ommendation: Staff recommended the City Council approve the 2024 Meeting Calendar. Staff is prepared to make adjustments if a Council Member identifies a scheduling or holiday conflict to ensure all members of the Council can participate in meetings.
Deputy
City Manager/City Clerk Marie Weber presented the staff report.
Mayor
Marchand opened the public comment period.
Tri
sh Munro provided a comment.
JULY 10, 2023 Minutes CM/75/236
There w
ere no more speakers and the public comment period was closed.
ON T
HE MOTION OF VM KIICK, SECONDED BY CM BRANN ING AND
CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPROVED THE 2024 MEETING CALENDAR WITH THE FOLLOWING AMENDMENTS:
1. REMOVED 4/8/2024 AND 4/22/2024 REGULAR MEETINGS
2. ADDED 4/15/2024 REGULAR MEETING
3. ADDED SPECIAL MEETINGS ON 4/1/2024 AND 4/29/2024
4. REMOVED 6/17/2024 SPECIAL MEETING
7.2 Desi
gnation of voting delegate and alternates for the 2023 League of California Cities Annual Business Meeting.
Rec
ommendation: Staff recommended the City Council appoint one voting delegate and up to two alternates to represent the City of Livermore at the 2023 League of California Cities Annual Business Meeting.
Deputy
City Manager/City Clerk Marie Weber presented the staff report.
Mayor
Marchand opened the public comment period.
There w
ere no speakers, and the public comment period was closed.
ON THE
MOTION OF VM KIICK, SECONDED BY CM BRANNING AND
CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPOINTED CM CARLING AS
THE DELEGATE, AS WELL AS APPROVED CM BARRIENTOS AND CM
BRANNING AS ALTERNATES, TO REPRESENT THE CITY OF LIVERMORE AT THE 2023 LEAGUE OF CALIFORNIA CITIES ANNUAL BUSINESS MEETING.
7.3 It
em continued from the June 26, 2023 City Council Meeting for further City Council deliberation. City Council Meeting Rule of Procedure 8.7.3.
Discussion and recommended approval of the Airport Leasing and Development Policy.
Rec
ommendation: The Airport Commission and staff recommended the City Council adopt a resolution approving the new Airport Leasing and Development Policy.
Air
port Manager Michael Musca presented the staff report.
ON THE
MOTION OF CM CARLING, SECONDED BY CM BARRIENTOS AND
CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE MOTION TO RE-OPEN PUBLIC COMMENT.
Mayor
Marchand opened the public comment period.
CM/75/237 Minutes JULY 10, 2023
Jean King provided a comment.
Feli
cia Ziomek provided a comment.
Shir
ley Lewandoski provided a comment.
Donna C
abanne provided a comment.
Jon Kr
ueger provided a comment.
Robyne
Teslich provided a comment.
Doug Ma
nn provided a comment.
Vict
oria Holt provided a comment.
Mark pr
ovided a comment.
Tari
s Keiper provided a comment.
Gia Ke
iper provided a comment.
Marku
s Keiper provided a comment.
Pet
e Sandhu provided a comment.
Sac
hin Sandhu provided a comment.
Sar
eena Sandhu provided a comment.
Ron
Baskett provided a comment.
There w
ere no more speakers and the public comment period was closed.
CM BR
ANNING REQUESTED STAFF PROVIDE AN UPDATE REGARDING
WHAT THE CITY IS DOING ABOUT ELIMINATING PFAS, NOISE REDUCTION, AND LEADED FUEL ELIMINATION.
THE M
OTION OF CM BARRIENTOS TO CONTINUE THIS DISCUSSION TO A FUTURE MEETING DIED FOR LACK OF A SECOND.
ON THE
MOTION OF CM BRANNING, SECONDED BY VM KIICK AND
CARRIED ON A 4 -1 VOTE, WITH CM BARRIENTOS VOTING AGAINST, THE
CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION WITH CM
CARLING’S AMENDMENTS AND THE ABILTITY OF THE CITY MANAGER TO APPROVE NON-SUBSTANTIVE CHANGES:
JULY 10, 2023 Minutes CM/75/238
Resolution 2023-132 to approve the Airport Leasing and Development Policy.
ON THE
MOTION OF MAYOR MARCHAND, SECONDED BY CM BARRIENTOS
AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE MOTION TO REQUEST THE CITY ATTORNEY’S OFFICE TO RESEARCH TOOLS THAT WOULD ENSURE COMPLIANCE WITH AIRPORT OPERATIONS.
8. COUNCIL
COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
THE M
AYOR 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.
Liv
ermore-Pleasanton Fire Department Graduation CM Barrientos noted his attendance at the event on June 29, 2023.
Tee
n Academy Graduation All Council Members noted their attendance at the event on July 10, 2023.
Stop-W
aste Board Meeting CM Carling noted his attendance on June 28, 2023, and was elected President of the board.
Fourth of
July Fireworks Event Mayor Marchand and CM Carling noted their attendance on July 4, 2023.
LAVT
A Board Meeting VM Kiick noted her attendance on July 10, 2023.
Sile
nt Sky by SPARC VM Kiick noted her attendance on July 10, 2023.
Sound Se
nsation – Science in the Park (Quest Science Center) VM Kiick noted her attendance on July 10, 2023.
Reduc
ing Graffiti Report CM Branning requested staff create a report on what the City is doing to reduce graffiti and encourage enforcement.
Sign de
dication with the Livermore -Amador Garden Club for the Hansen Rose Garden Mayor Marchand noted his attendance at the event on June 29, 2023.
Groundbr
eaking for the Program for All-Inclusive Care for the Elderly (PACE) Mayor Marchand and CM Branning noted their attendance.
State
Senator Steve Glazer Open House Mayor Marchand noted his attendance
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at the event on July 4, 2023.
Mayor
Marchand requested to set up the formation of two subcommittees ; Advisory Body R eview Subcommittee and City Manager and City Attorney Evaluation and Contract Negotiation Subcommittee.
ON THE
MOTION OF MAYOR MARCHAND, SECONDED BY CM CARLING AND
CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE MOTION TO
FORM AN ADVISORY BODY REVIEW SUBCOMMITTEE WITH CM BRANNING AND VM KIICK AS MEMBERS.
ON THE
MOTION OF MAYOR MARCHAND, SECONDED BY CM BRANNING
AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE MOTION
TO FORM A CITY MANAGER AND CITY ATTORNEY EVALUATION AND CONTRACT NEGOTIATION SUBCOMMITTEE. WITH MAYOR MARCHAND
AND VM KIICK AS MEMBERS
9. ADJO
URNMENT – at 9:43 pm to a Special City Council meeting on Monday, July 17, 2023, and a Regular City Council meeting on Monday, July 24, 2023 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S.
Livermore Avenue and virtually using Zoom.
APPROVED:
JOHN P . MARCHAND, MAYOR
ATTEST:
MARI E WEBER, CITY CLERK
For