CITY COUNCIL
AGENDA
MONDAY, SEPTEMBER 11, 2023
REGULAR HYBRID MEETING –
7:00 PM
LIBRARY SUMMER READING AWARDS - 6:00 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:
***ATTENTION: Zoom update requirements found at the bottom of the agenda*** https://us02web.zoom.us/j/82218845510
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 8221 884 5510
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
September 11, 2023
1. LIBRARY SUMMER READING AWARDS - 6:00 pm
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).
5.1 Approval of draft minutes - July 10, 2023 Regular Meeting, July 17, 2023 Special Meeting, and July 24, 2023 Regular Meeting.
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. DRAFT 2023-07-10 Regular Meeting Minutes
2. DRAFT 2023-07-17 CC-PC Special Meeting Workshop Minutes
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
Livermore City Council Agenda
September 11, 2023
3. DRAFT 2023-07-24 Regular Meeting Minutes
5.2 Resolution authorizing execution of an agreement with AMS.NET for the purchase of a replacement core information technology infrastructure switch in an amount not-to-exceed $200,000.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing execution of an agreement with AMS.NET for the purchase of a Cisco Catalyst 9400 Series Chassis Bundle to replace the City’s core information technology infrastructure switch in an amount not-to-exceed $200,000.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement
5.3 Resolution authorizing the execution of an amendment to the Memorandum of Understanding between the City of Livermore, Alameda County, and Livermore Sanitation, Inc to include Alameda County’s acceptance of Livermore Sanitation’s Assignment to Waste Connections, and to memorialize the SB 1383 services provided to Alameda County customers.
Recommendation:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an Amendment to the Memorandum of Understanding between the City of Livermore, Alameda County, and Livermore Sanitation, Inc. to include Alameda County’s acceptance of Livermore Sanitation’s Assignment to Waste Connections, and to memorialize the SB 1383 services provided to Alameda County customers.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Amendment to the Memorandum of Understanding
5.4 Resolution authorizing the City Manager to execute an amendment to the Memorandum of Understanding with City of Pleasanton for the Environmental Review of Tri-Valley Haven’s Emergency Shelter Rebuild Project to add the City of Dublin and County of Alameda as cooperating entities.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an amendment to the Memorandum of Understanding (MOU) with City of Pleasanton for the environmental review of Tri-Valley Haven’s Emergency Shelter Rebuild Project to add the City of Dublin and Alameda County as cooperating entities.
Staff Report
Attachments:
1. Memorandum of Understanding for Environmental Lead Agency Between the City of
Livermore City Council Agenda
September 11, 2023
Livermore and City of Pleasanton, 23-0117
2. Resolution
3. Exhibit A - Amendment to Memorandum of Understanding
5.5 Resolution accepting public improvements constructed pursuant to the Subdivision Improvement Agreement for Parcel Map 10589 located at
4260 First Street
for Affordable
Residential Housing by MP Avance Associates, L.P. for permanent maintenance and release of security.
Recommendation:
Staff recommends the City Council adopt a resolution accepting public improvements
constructed pursuant to the Subdivision Improvement Agreement for Parcel Map 10589
located at 4260 First Street
for Affordable Residential Housing by MP Avance Associates, L.P. for permanent maintenance and release of security.
Staff Report
Attachments:
1. Vicinity Map
2. Resolution
5.6 Resolution accepting the Livermore Downtown Inc. Annual Report for FY 2022-23 and authorizing the execution of a grant agreement with Livermore Downtown Inc. in the amount of $90,000 for FY 2023-24.
Recommendation:
Staff recommends the City Council adopt a resolution accepting the Livermore Downtown Inc.
Annual Report for FY 2022-23 and authorizing the execution of a grant agreement with Livermore Downtown Inc. for grant activities from July 1, 2023, to June 30, 2024, in the amount of $90,000.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Grant Agreement with Livermore Downtown Inc.
3. Exhibit B - Annual Report FY 2022-23
5.7 Resolution implementing a citywide Email Management Program for the improved management and security of emails.
Recommendation:
Staff recommends the City Council adopt a resolution implementing an Email Management Program for the improved management and security of emails that are determined to be records and to routinely delete emails that are only incidental documents, as defined by city policy.
Staff Report
Attachments:
1. Resolution
Livermore City Council Agenda
September 11, 2023
2. Exhibit A - Email Management Program Implementation Timeline
5.8 Resolution of continued local emergency in response to impacts from a series of severe storm events earlier this year.
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
6. PUBLIC HEARINGS
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).
6.1 Hearing to receive and consider protests related to the annual fire hazard abatement program and confirm the 2023 weed abatement assessments for collection on the County Assessor tax roll.
Recommendation:
Staff recommends City Council consider all protests, and if Council finds appropriate, adopt a resolution overruling protests and confirming the 2023 weed abatement assessments and direct staff to file a certified copy of the assessment report with the County Auditor.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - 2023 Weed Abatement Assessments
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. CLOSED SESSION
Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
9.1 Anticipated Litigation. To meet with the City Attorney pursuant to Government Code section 54956.9(d)(2) because there is significant exposure to litigation against the City based on existing facts and circumstances. (Two claims)
A
.
Pursuant to Government Code section 54956.9(e)(3) due to the receipt of claim from
Livermore City Council Agenda
September 11, 2023
Northfield, LLC pursuant to the Government Claims Act. A redacted copy of Claim No.
LIVE-2022-2023-0021-01 is available for public inspection pursuant to Government Code section 54957.5.
B
.
Pursuant to Government Code section 54956.9(e)(3) due to the receipt of claim from Ryan’s Automotive Services pursuant to the Government Claims Act. A redacted copy of Claim No. LIVE-2022-2023-0021-02 is available for public inspection pursuant to Government Code section 54957.5.
9.2 Conference with Legal Counsel - Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated. (One case)
Friends of South Livermore v. City of Livermore, et al., Alameda County Superior Court Case No. RG20054362, First Appellate District Case No. A162471.
9.3 Conference with Labor Negotiator. To meet with Tina Olson, Administrative Services Director, the City’s negotiator pursuant to Government Code section 54957.6, regarding negotiations with the Livermore Police Officers Association.
9.4 Conference with Labor Negotiator. To meet with Tina Olson Administrative Services Director, the City’s negotiator pursuant to Government Code section 54957.6, regarding negotiations with the Livermore Police Management Association.
9.5 Conference with Real Property Negotiator. To meet with Scott Lanphier and Benedict Stuth, the City’s negotiators pursuant to Government Code section 54956.8, regarding the airport restaurant lease agreement approved on April 9, 2018, for a portion of the property located at 680 Terminal Circle, Livermore, California. The City negotiators may negotiate with Harmail Chatha on behalf of SAAB13, LLC. The instructions will concern the terms and conditions of the agreement and whether any changes should be made to the lease.
10. ADJOURNMENT
To a Regular City Council meeting on Monday, September 25, 2023 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.
11. SUPPLEMENTAL MATERIALS
11.1 Supplemental materials received prior to the meeting.
Staff Report
Attachments:
1. Supplemental Materials
12. 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
REPORT OF ACTION TAKEN IN CLOSED SESSION
Livermore City Council Agenda
September 11, 2023
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 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.
Livermore City Council Agenda
September 11, 2023
TV29:
tv29live.org
Comcast Cable 29
YouTube:
http://youtube.com/c/CityofLivermoreCalifornia
Zoom Webinar:
https://us02web.zoom.us/j/82218845510
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
.
Zoom dial in phone number: 1 669 900 6833
Meeting ID: 8221 884 5510
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
September 11, 2023