CITY COUNCIL
AGENDA
MONDAY, JULY 24, 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/88972523480
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 889 7252 3480
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
TV29:
Comcast TV Channel 29
tv29live.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
July 24, 2023
1. CLOSED SESSION - 6:30PM
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 Public Employee Performance Evaluation. City Attorney Goal Setting for 2023-2024 Review, pursuant to Government Code section 54957.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS - NONE.
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.
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).
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
July 24, 2023
5.1 Resolution authorizing supplemental appropriations of FEMA Storm Reimbursement (Fund 222) and d
elegation of authority to the City Manager to award construction contracts, in an amount not-to-exceed $2,800,000, for the 2023 Storm Damage Debris Removal Project S202300A and 2023 Storm Damage Permanent Repair Project S202300P.
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Authorizing supplemental appropriations of FEMA Storm Reimbursement (Fund 222) in the amount of $1,700,000 to FY 2023-24 and $1,125,000 to FY 2024-25 for the 2023 Storm Damage Debris Removal Project S202300A;
2 .
Delegating authority to the City Manager to award construction contracts in a total amount not-to-exceed $2,800,000 for the 2023 Storm Damage Debris Removal Project S202300A and the 2023 Storm Damage Permanent Repair Project S202300P in substantially similar form to the draft contracts in Exhibit A and Exhibit B of the Resolution subject to the City Attorney approval to form of the final construction contracts and Risk Management approval of insurance; execute any change orders or amendments which do not exceed the not-to-exceed amount; reject all other bids, and 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.
Staff Report
Attachments:
1. Site Map
2. Resolution
3. Exhibit A - Draft Construction Contract Mocho
4. Exhibit B - Draft Construction Contract
5.2 Resolution authorizing appropriations of $300,000 in HOME investment partnership program funds for a loan to Tri-Valley REACH, Inc., and authorizing execution of an affordable housing loan agreement, affordable housing regulatory agreement and all related documents between the City of Livermore and Tri-Valley REACH, Inc. for the acquisition of 772 Camden Common.
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Authorizing and appropriating $300,000 in HOME Investment Partnership Program (HOME) funds (fund 671) for a loan to Tri-Valley REACH, Inc. to assist with the acquisition of 772 Camden Common;
2 .
Authorizing the City Manager to approve and execute the Affordable Housing Loan Agreement attached in substantial form as Exhibit A to the Resolution and the Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants attached in substantial form as Exhibit B to the Resolution, between the City of Livermore and Tri-Valley REACH, Inc. for 772 Camden Common, subject to final form approval by the City Attorney; and,
3 .
Authorizing the City Manager to execute related documents authorized and described in the loan agreements and necessary to appropriate and expend the HOME funds.
Staff Report
Livermore City Council Agenda
July 24, 2023
Attachments:
1. Resolution
2. Exhibit A - Loan Agreement
2. Exhibit B - Regulatory Agreement
5.3 Resolution authorizing appropriations of $307,697 from Business License Tax settlement funds and execution of an 18-month agreement with Rincon Consultants, Inc. to prepare an Environmental Impact Report for the East of Greenville Study Area in an in an amount not-to- exceed $307,697.
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
appropriating $307,697 from Business License Tax settlement funds to cover the contract cost
2 .
authorizing the City Manager to execute an agreement with Rincon Consultants, Inc. (Rincon) to prepare an Environmental Impact Report for the East of Greenville Study Area, over an 18-month term, in an in an amount not-to-exceed $307,697 in substantially similar form to the draft contract in Exhibit A of the Resolution subject to the City Attorney approval to form of the final construction contract and acceptance of insurance by the Risk Manager.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Draft Professional Services Agreement
5.4 Resolution awarding and authorizing execution of an agreement for a duration not to exceed 180 working days with Terocons Inc. in an amount not-to-exceed $760,407, for the construction of the Crosswalk Improvement Project, No. 2022-06/2021-35.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a construction contract with Terocons Inc. in an amount not-to-exceed $760,407, for a contract duration not to exceed 180 working days, for construction of the Crosswalk Improvement Project, No. 2022-06/2021-35 in substantially similar form to the draft contract in Exhibit A of the Resolution subject to the City Attorney approval to form of the final construction contract and acceptance of insurance by the Risk Manager.
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - Agreement
5.5 Resolution awarding and authorizing execution of an agreement for a duration not-to-exceed 70 working days, in an amount not-to-exceed $365,670, with Gradetech Inc. for repairing 0.8 centerline miles of three trails and constructing a new bypass segment at Robertson Park,
Livermore City Council Agenda
July 24, 2023
Project 2018-20
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Awarding a construction contract to Gradetech Inc., in an amount not-to-exceed $365,670, for construction of the Multi-Use Trail Repairs - 2020 Project 2018-20, and authorizing the City Manager to sign the agreement as Exhibit A to the resolution; and 2 .
Rejecting all other bids or proposals; and
3 .
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.
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - Agreement
5.6 Resolution authorizing execution of a two-year agreement with Interwest Consulting Group to provide planning technical services in an amount not-to-exceed $326,400.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Interwest Consulting Group to provide planning technical services for the period of July 24, 2023, through July 24, 2025, in an amount not-to-exceed $326,400.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Interwest Consulting Group Professional Services Agreement
5.7 Resolution authorizing execution of a five-year license agreement with Trilateral LLC to allow the public to park in the parking lot of the former Bank of the West building at 2287 Second Street.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a license agreement with Trilateral LLC to allow the public to park in the parking lot of the former Bank of the West building located at 2287 Second Street.
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - License Agreement
5.8 Resolution authorizing the City Manager to execute the second amendment to the standard
Livermore City Council Agenda
July 24, 2023
services agreement with the County of Alameda accepting grant funding for Horizons Family Counseling, for the term of July 1, 2023 to December 31, 2023, in the total amount not-to- exceed $310,000.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute the Second Amendment to the Standard Services Agreement with the County of Alameda accepting grant funding for Horizons Family Counseling for the term of July 1, 2023 to December 31, 2023, in the total amount not-to-exceed $310,000.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Notice of Intent
3. Exhibit B - Agreement
5.9 Resolution authorizing an agreement with the Livermore Valley Joint Unified School District (LVJUSD) for Horizons Family Counseling to provide mental health related services to LVJUSD students, for the term of November 15, 2022 through June 30, 2024, with a total amount not-to-exceed $240,000.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with the Livermore Valley Joint Unified School District (LVJUSD) for Horizons Family Counseling to provide mental health related services to LVJUSD students, for the term of November 15, 2022 through June 30, 2024, with a total amount not-to-exceed $240,000.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement
5.10 Resolution approving a new master property agreement with the Livermore Area Recreation and Park District for joint use properties and facilities.
Recommendation:
Staff recommends the City Council adopt a resolution approving a new master property agreement with the Livermore Area Recreation and Park District for joint use properties and facilities and authorizing the City Manager to sign the agreement.
Staff Report
Attachments:
1. Location Map - Parks
2. Location Map - Trails
3. Resolution
4. Exhibit A - Agreement
5.11 Resolution authorizing the execution of a subordination agreement with Housing Trust Silicon
Livermore City Council Agenda
July 24, 2023
Valley (HTSV) that will allow the City’s Deed of Trust recorded on property to take a lower lien position than new first mortgage financing to be provided by HTSV, for the Owl’s Landing Apartments property located at 842 Herman Way.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a Subordination Agreement with Housing Trust Silicon Valley, in substantially the same form as the one attached to this resolution as Exhibit A, subject to the City Attorney's review and approval as to form and subject to the Risk Manager's review and approval as to insurance, to subordinate the City’s Deed of Trust recorded on the Owl’s Landing Apartments property located at 842 Herman Avenue.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Draft Form of Subordination Agreement with Housing Trust Silicon Valley
5.12 Resolution authorizing execution of a one-year agreement with Tri-Valley Community Television for local cable programming services for Fiscal Year 2023-24 in an amount not-to- exceed $184,705.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the execution of an agreement with Tri-Valley Community Television, in substantially the same form as the one attached to this resolution as Exhibit A, subject to the City Attorney's review and approval as to form and subject to the Risk Manager's review and approval as to insurance, for local cable programming services for Fiscal Year 2023-24 in an amount not-to-exceed $184,705.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement with Tri-Valley Community Television Corporation
5.13 Resolution authorizing the acceptance for permanent maintenance and release of the security bonds, and execution of a Notice of Completion for the Police Facility Expansion Phase 1, Council Chambers Demolition, Project 2000-28.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the Police Facility Expansion Phase 1, Council Chambers Demolition, Project 2000-28 and authorize the City Manager to sign the Notice of Completion, a copy of which is attached as Exhibit A to the resolution.
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - Notice of Completion
Livermore City Council Agenda
July 24, 2023
5.14 Resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the public streetscape improvements on the south side of First Street between L Street and M Street constructed as part of First Street South Side Improvements - Downtown Streetscape Phase II Project 200827.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the public streetscape improvements on the south side of First Street between L Street and M Street constructed as part of First Street South Side Improvements - Downtown Streetscape Phase II Project 200827.
Staff Report
Attachments:
1. Location Map
2. Resolution
5.15 Resolution authorizing the acceptance for permanent maintenance, release of the security bonds and execution of a Notice of Completion for the Real Time Awareness Center, Project 2019-58.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the Real Time Awareness Center Project 2019-58 and authorizing the City Manager to sign the Notice of Completion, a copy of which is attached as Exhibit A to the resolution.
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - Notice of Completion
5.16 Resolution to summarily vacate a public right-of-way, known as Lot 6 of Parcel Map 6986, and retain the rights of the existing public utility easement within Lot 6, located at Las Positas Road and Bennett Drive.
Recommendation:
Staff recommends the City Council adopt a resolution to summarily vacate a right-of-way known as Lot 6 of Parcel Map 6986 but retain the rights of the existing public utility easement within Lot 6 and authorize the City Manager to quitclaim Lot 6 (right-of-way) to TH Arroyo Vista LLC, a California Limited Liability Company.
Staff Report
Attachments:
1. Vicinity Map
2. Resolution
3. Exhibit A - Lot 6 (right-of-way) Plat & Legal Description
Livermore City Council Agenda
July 24, 2023
4. Exhibit B - Quitclaim Deed, TH Arroyo Vista LLC
5.17 Resolution establishing the Appropriations Limitation consistent with State law for FY 2023-24.
Recommendation:
Staff recommends the City Council re-adopt a resolution establishing the Appropriations Limit for FY 2023-24.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Appropriation Limit FY 2023-24
5.18 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 earlier this year.
Staff Report
Attachments:
1. Resolution
5.19 Resolution authorizing execution of a two-year agreement with Independent Code Consultants Incorporated to provide planning assistant services in an amount not-to-exceed $208,000.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing execution of an agreement with Independent Code Consultants Incorporated to provide planning assistant services for a term of two-years in an amount not-to-exceed $208,000.
Staff Report
Attachments:
1. Resolution
2. Agreement - Independent Code Consultants
5.20 Resolution amending the City of Livermore Salary Plan dated July 3, 2023, reclassifying the City's Cybersecurity Manager position to an IT Operations Manager position and rescinding Resolution 2022-049 that created the City's Cybersecurity Policy to allow staff to convert it to an Administrative Regulation.
Recommendation:
Staff recommends adopting a resolution amending the City of Livermore Salary Plan dated July 3, 2023, reclassifying the City's Cybersecurity Manager position to an IT Operations Manager position and rescinding Resolution 2022-049 that created the City's Cybersecurity Policy to allow staff to convert it to an Administrative Regulation.
Staff Report
Attachments:
Livermore City Council Agenda
July 24, 2023
1. Resolution
2. Exhibit A - Management Salary Schedule dated July 3, 2023 (amended)
6. PUBLIC HEARINGS - 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).
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, AND COUNCIL MEMBERS
9. ADJOURNMENT
To a Regular City Council meeting on Monday, August 14, 2023 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.
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
Livermore City Council Agenda
July 24, 2023
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.
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/88972523480
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
.
Livermore City Council Agenda
July 24, 2023
Zoom dial in phone number: 1 669 900 6833
Meeting ID: 889 7252 3480
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
.
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
July 24, 2023