SEPTEMBER 11, 2023 Minutes CM/75/249
MINUTES
CI
TY COUNCIL
SEPTEMBER 11, 2023
________________________________________________________________ S
UMMER READING PROGRAM AWARDS PRESENTATION
6:00 PM
LIBRARY SUMMER READING AWARDS - 6:00 pm
1. CALL TO ORDER - Mayor Marchand called the meeting to order at 6:00 pm. Present: Mayor John Marchand and Council Members Ben Barrientos, Evan Branning, and Robert W. Carling. Vice Mayor Kiick was absent. Library Director Anwan Baker presented the Summer Reading Program awards. ___________________________ _____________________________________ RE
GULAR MEETING
2 . CALL TO O RDER – T he meeting of the City Council was called to or der 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 and Council Members Ben Barrientos, Evan Branning, and Robert W. Carling. Vice Mayor Kiick participated virtually as a just cause alternative as allowed for in the Brown Act.
PL
EDGE OF ALLEGIANCE
MO
MENT OF SILENCE
Li
vermore-Pleasanton Fire Deputy Chief Jason Solak led a moment of silence in honor of 9/11.
3 . PROCLAMATIONS AND PRESENTATIONS – NONE
4 . OPEN FORUM
Ma
yor Marchand opened the public comment period.
G
reg Scott, provided a comment.
D
avid McGuigan, provided a comment.
Ma
rti Sutton provided a comment.
DocuSign Envelope ID: C4C8536D-0623-4B0B-B57D-30E55A6500B4 CM/75/250 Minutes SEPTEMBER 11, 2023
Kyle Erikson, provided a comment.
B
randon Clutter, provided a comment.
D
onna Cabanne, provided a comment.
Th
ere were no more speakers and the public comment period was closed.
5. C O
NSENT CALENDAR
Item
s 5.4 and 5.6 were removed from the Cons ent Calendar for separ ate discussion by Council Member Barrientos.
Co
mmunity Development Director Paul Spence provided a presentation for Item
5.4. I
nnovation and Economic Development Director Brandon Cardwell provided a presentation for Item 5.6.
Ma
yor Marchand opened the public comment period.
I
tem 5.4 Greg Scott, provided a comment.
It
em 5.6 Ruby Lopez Villarreal provided a comment.
I
tem 5.8 Greg Scott, provided a comment.
T
here were no more speakers and the public comment period was closed.
O
N THE MOTION OF COUNCIL MEMBER CARLING , S ECONDED BY VICE MAYOR KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCI L APPROVED THE CONSENT CALENDAR.
5.1 A
pproval of draft minutes - July 10, 2023 Regular Meeting, July 17, 2023 Special Meeting, and July 24, 2023 Regular Meeting.
5 .2 Resolution 2023-153 authorizing execution of an agreement w ith AMS.NET for th e purchase of a replacement core information technology infrastructure switch in an amount not-to-exceed $200,000.
5.3 R
esolution 2023-154 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. 5 .4 Resolution 2023-155 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 DocuSign Envelope ID: C4C8536D-0623-4B0B-B57D-30E55A6500B4 SEPTEMBER 11, 2023 Minutes CM/75/251
to add the City of Dublin and County of Alameda as cooperating entities.
5.5 R
esolution 2023-156 accepting public improvements constr ucted 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. 5 .6 Resolution 2023-157 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.
5 .7 Resolution 2023-158 implementing a citywide Email Management Program for the improved management and security of emails. 5 .8 Resolution 2023-159 of continued local emergency in response to impacts from a series of severe storm events earlier this year.
6. P
UBLIC HEARINGS
6.1 H
earing 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.
R
ecommendation: Staff recommended City Council consider a ll 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
Li
vermore-Pleasanton Fire D epartment Deputy Fire Chief Ryan Ruc ker presented the staff report.
Ma
yor Marchand opened the public hearing.
Al
an Marling, provided a comment.
T
here were no more speakers and the hearing was closed.
ON T
HE MOTION OF COUNCIL MEMBER BRANNING SECONDED BY
COUNCIL MEMBER BARRIENTOS AND CARRIED ON A 5-0 VOTE, THE CITY
COUNCIL ADOPTED THE FOL LOWING RESOLUTION WITH AMENDMENT TO EXHIBIT A EXCLUDING THE COLLIER CANYON ROAD ADDRESS:
Res
olution 2023-160 overruling protests and confirming assessments – Fire Hazard Abatement.
7. M
ATTERS FOR CONSIDERATION - NONE
8. CO
UNCIL COMMITTEE REPORT S AND MATTERS INITIA TED BY CIT Y DocuSign Envelope ID: C4C8536D-0623-4B0B-B57D-30E55A6500B4 CM/75/252 Minutes SEPTEMBER 11, 2023
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 PROVI DE A S UMMARY IN THE SUPPLEMENTAL PACKET ARE INCLUDED BELOW.
C
emetery Project C M Bra nning requested a memo from staff regarding the status of the cemetery project in the county.
S
top Waste CM Carling noted his attend ance at the July 26, 2023 board meeting.
T
ri-Valley N on-Profit Al liance Art & Wine Event CM Carling noted his attendance at the event on July 26, 2023.
Wi
ne Country Luncheon CM Carling noted his attendance at the event on July 27, 2023.
L
ivermore Little League CM Carling noted his attendance at the openi ng ceremony on July 29, 2023.
L
ivermore Little League CM Carling noted his attendance at t he noon game for the first pitch on July 30, 2023.
N
ational Night Out CM Carling and Mayor Marchand noted their participation in the event on August 1, 2023.
C
ornerstone Church CM Carling and Mayor Marchand noted th eir attendance at the National Health Center event on August 11, 2023.
S
alud y Sol CM Carling noted his attendance at the event on August 12, 2023.
L
as Positas Vineyard CM Carling and Mayor Marchand noted their attendance at the Blessing of the Grapes event on August 16, 2023.
Liv
ermore-Amador Valley Water Management Agency (LAVMA) CM Carling noted his attendance and appointment as Board Pres ident at the Board Meeting on August 16, 2023.
B
ay Area Housing Financial Authority CM Carling noted his attendance at the meeting on August 24, 2023.
La
haina CM Barrientos noted money was sent as support through the Lions Club.
T
ri-Valley District Tour Mayor Marc hand noted that the Tri -Valley Mayors hosted an event and invited Congressman Swalwell to tour Access, Vineyard 2.0 DocuSign Envelope ID: C4C8536D-0623-4B0B-B57D-30E55A6500B4 SEPTEMBER 11, 2023 Minutes CM/75/253
and received an update on Valley Link on July 14, 2023.
T
ri-Valley Mayor’s Summit Mayor Marchand noted his attenda nce at the event on July 31, 2023.
L
ivermore Y outh Climate Action Summit Mayor Marc hand noted his attendance at the summit on August 9, 2023.
Li
vermore Amador V alley Transportation Association Kiick noted her attendance at the finance committee meeting on August 22, 2023. She also noted her attendance at the board meeting on September 11, 2023.
S
tate of the Tri -Valley VM Kiick no ted her atte ndance on September 7, 2023 and Mayor Marchand noted that VM Kiick was recognized as one of the Tri - Valley’s top 20 Under 40ish.
S
pringtown Traffic VM Kiick also praised s taff and P lanning Commissioner Steve Dunbar regarding bringing traffic concerns in Sp ringtown to the Council’s attention.
9. C
LOSED SESSION
CAL
L TO ORDER – The Closed Session of the City Council was called to order by Mayor Jo hn Marchand at 8:35 pm, held in person at 1016 S. Liv ermore Avenue and remotely using Zoom and YouTube.
RO
LL CALL – Present: Mayor John Marchand and Council Members Ben Barrientos, Evan Branning, and Robert W. Carling. Vice Mayor Kiick was virtual, as a just cause alternative, as allowed for in the Brown Act.
O
PPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL
REGARDING CLOSED SESSION ITEMS.
M
ayor Marchand opened the public comment period.
T
here were no speakers and the public comment was closed. 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 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.
DocuSign Envelope ID: C4C8536D-0623-4B0B-B57D-30E55A6500B4 CM/75/254 Minutes SEPTEMBER 11, 2023
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) F
riends 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 agreem ent 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.
RE
PORT OF ACTION TAKEN IN CLOSED SESSION
C
ity Attorney Jason Alcala said there was no reportable action. 9 . ADJOURNMENT – at 8:55 pm 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.
APPROVED:
J OHN P. MARCHAND, MAYOR
ATTEST:
M ARIE WEBER, CITY CLERK
DocuSign Envelope ID: C4C8536D-0623-4B0B-B57D-30E55A6500B4 12/11/2023 | 4:06 PM PST