JULY 24, 2023 Minutes CM/75/240
MINUTES
CITY COUNCIL
JULY 24, 2023
CLOSED SESSION
CAL
L 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.
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OLL CALL – Present: Mayor John Marchand, Vice Mayor Brittni Kiick, and Council Members, Ben Barrientos, Evan Branning and Robert W. Carling.
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PPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL
REGARDING CLOSED SESSION ITEMS.
Mayor Marchand opened the public comment period.
There were no speakers and the hearing was closed.
1. ADJOURN TO CLOSED SESSION
1 .1 Public Employee Performance Evaluation. City Attorney Goal Setting for 2023-2024 Review, pursuant to Government Code section 54957.
REGULAR MEETING
2. CAL
L 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.
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LL CALL – Present: Mayor John Marchand, Vice Mayor Brittni Kiick and Council Members Ben Barrientos, Evan Branning and Robert W. Carling.
PL
EDGE OF ALLEGIANCE
REPORT OF ACTION TAKEN IN CLOSED SESSION
Cit
y Attorney Jason Alcala said there was no reportable action.
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Mayor Marchand held a moment of silence in memory of Mitchel Katz.
3. P
ROCLAMATIONS AND PRESENTATIONS – NONE
4. O
PEN FORUM
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ayor Marchand opened the public comment period.
D
avid Mc Guigan provided a comment.
G
reg Scott provided a comment.
Alexander Pepper provided a comment.
Mike Godfrey provided a comment.
Mike Blau provided a comment.
Carol Silva provided a comment.
Jai Kollu provided a comment.
Donna Cabanne provided a comment.
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tem 5.9 - Acacia Tripplett provided a comment.
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here were no more speakers, and the public comment period was closed.
5. CO
NSENT CALENDAR
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tems 5.5 was removed from the Consent Calendar for separate discussion and action.
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ouncil Member Barrientos suggested that item 5.3 go on a future election ballot to be voted on by residents.
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ayor Marchand opened the public comment period.
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tem 5.3 Greg Scott provided a comment.
Item 5.2 Pat O’Brien provided a comment.
Item 5.3 Carol Silva provided a comment.
Item 5.3 Doug Mann provided a comment.
Item 5.3 Donna Cabanne provided a comment.
Item 5.3 Karl Wente provided a comment.
Item 5.3 Johnna Thompson provided a comment.
Item 5.3 Michael Ferrucci provided a comment.
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There were no more speakers and the public comment period was closed.
ON T
HE MOTION OF VICE MAYOR KIICK, SECONDED BY COUNCIL MEMBER CARLING AND CARRIED ON A 4 -1 VOTE WITH COUNCIL MEMBER
BARRIENTOS VOTING AGAINST, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 5.5.
ON T
HE MOTION OF VICE MAYOR KIICK, SECONDED BY COUNCIL MEMBER BRANNING, AND CARRIED ON A 4 -0 VOTE WITH MAYOR MARCHAND
RECUSING HIMSELF, THE CITY COUNCIL APPROVED CONSENT
CALENDAR ITEM 5.5.
5 .1 Resolution 2023 -134 authorizing supplemental appropriations of FEMA Storm Reimbursement (Fund 222) and delegation 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.
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ecommendation: Staff recommended 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.
5 .2 Resolution 2023 -135 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.
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ecommendation: Staff recommended 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 DocuSign Envelope ID: 4140EC74-46F8-4291-9EE0-BD31F7C59744 CM/75/243 Minutes JULY 24, 2023
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.
5 .3 Resolution 2023 -136 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.
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ecommendation: Staff recommended the City Council adopt a resolution:
1. A
ppropriating $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. 5 .4 Resolution 2023-137 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.
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ecommendation: Staff recommended 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. 5 .5 Resolution 2023-133 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, Project 2018-20 R
ecommendation: Staff recommended the City Council adopt a resolution:
1. A
warding 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,
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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.
5 .6 Resolution 2023-138 authorizing execution of a two- year agreement with Interwest Consulting Group to provide planning technical services in an amount not-to-exceed $326,400.
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ecommendation: Staff recommended 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. 5 .7 Resolution 2023 -139 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 recommended 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.
5 .8 Resolution 2023-140 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.
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ecommendation: Staff recommended 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.
5 .9 Resolution 2023-141 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 recommended 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.
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5.10 Resolution 2023-142 approving a new master property agreement with the Livermore Area Recreation and Park District for joint use properties and facilities.
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ecommendation: Staff recommended 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.
5. 11 Resolution 2023 -143 authorizing the execution of a subordination agreement with Housing Trust Silicon
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alley (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.
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ecommendation: Staff recommended 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.
5. 12 Resolution 2023-144 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.
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ecommendation: Staff recommended 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.
5. 13 Resolution 2023 -145 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.
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ecommendation: Staff recommended 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.
5. 14 Resolution 2023 -146 authorizing the acceptance for permanent maintenance and release of the security bonds for the public streetscape DocuSign Envelope ID: 4140EC74-46F8-4291-9EE0-BD31F7C59744 JULY 24, 2023 Minutes CM/75/246
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.
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ecommendation: Staff recommended 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.
5. 15 Resolution 2023 -147 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.
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ecommendation: Staff recommended 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.
5.16 Resolution 2023-148 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.
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ecommendation: Staff recommended 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.
5. 17 Resolution 2023-149 establishing the Appropriations Limitation consistent with State law for FY 2023-24.
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ecommendation: Staff recommended the City Council re- adopt a resolution establishing the Appropriations Limit for FY 2023-24.
5. 18 Resolution 2023-150 of continued local emergency.
Recommendation: Staff recommended the City Council adopt a resolution of continued local emergency in response to impacts from a series of severe storm events earlier this year.
5. 19 Resolution 2023-151 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.
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ecommendation: Staff recommended the City Council adopt a resolution DocuSign Envelope ID: 4140EC74-46F8-4291-9EE0-BD31F7C59744 CM/75/247 Minutes JULY 24, 2023
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.
5. 20 Resolution 2023-152 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.
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ecommendation: Staff recommended 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.
6. P
UBLIC HEARINGS – NONE.
7. MATTERS FOR CONSIDERATION – NONE.
8. CO
UNCIL 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.
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rocery Outlet CM Barrientos noted his attendance at the ribbon cutting on July 18, 2023.
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ast Bay Community Choice Energy CM Barrientos noted his attendance at the board meeting on July 19, 2023.
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omic Con CM Barrientos and VM Kiick noted their attendance at the event on July 22, 2023
Livermore Chamber of Commerce CM Branning noted his attendance at the mixer on July 19, 2023.
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heet Metal Workers Union CM Branning noted his visit and tour of the facility.
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ri-Valley Non-Profit Alliance CM Branning noted his attendance at the event on July 24, 2023.
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parc Theatre Council Member Carling and VM Kiick noted their attendance at DocuSign Envelope ID: 4140EC74-46F8-4291-9EE0-BD31F7C59744 JULY 24, 2023 Minutes CM/75/248
the performance of Much Ado About Nothing.
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ccessory Dwelling Units (ADU) the City Council requested staff provide a memo with more information on whether ADU’s are allowed to be used as Airbnb’s.
9. ADJ
OURNMENT – at 8:27 pm in memory of Charles Crohare Sr. 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.
APPROVED:
JOHN P. MARCHAND, MAYOR
ATTEST:
MARIE WEBER, CITY CLERK
DocuSign Envelope ID: 4140EC74-46F8-4291-9EE0-BD31F7C59744 12/11/2023 | 3:31 PM PST