CITY COUNCIL
AGENDA
MONDAY, OCTOBER
9, 2023
REGULAR MEETING –
7:00 PM
CLOSED SESSION -
5:00 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
ZOOM IS CURRENTLY SUSPENDED UNTIL FURTHER NOTICE
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
October
9, 2023
1. CLOSED SESSION
Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
Note: This Closed Session my be continued to the end of the Regular Meeting.
1.1 Public Employee Performance Evaluation. Annual evaluation of City Attorney, pursuant to Government Code section 54957.
1.2 Public Employee Performance Evaluation. Annual evaluation of City Manager, pursuant to Government Code section 54957.
1.3 Conference with Labor Negotiator. To meet with Mayor Marchand and Vice Mayor Kiick, the City’s negotiators, pursuant to Government Code section 54957.6 regarding negotiations for salary and compensation for Unrepresented Employee – City Attorney.
1.4 Conference with Labor Negotiator. To meet with Mayor Marchand and Vice Mayor Kiick, the City’s negotiators, pursuant to Government Code section 54957.6 regarding negotiations for salary and compensation for Unrepresented Employee – City Manager.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Confirm Advisory Body appointments to the Airport Commission, Livermore Housing Authority, and the Human Services Commission and direct the City Clerk to administer the oath of office.
Recommendation:
The City Council Subcommittee on Advisory Bodies recommends the City Council confirm the advisory body appointments to the Airport Commission, Livermore Housing Authority, and the Human Services Commission and direct the City Clerk to administer the oath of office.
Staff Report
4. OPEN FORUM
In conformance with the Brown Act, no City Council action can occur on items
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
October
9, 2023
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.
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 found at the entrance of the Council Chambers. A speaker is limited to a single comment with a maximum of three minutes for the entire Consent Calendar. If Consent Calendar items are pulled for discussion by the City Council, a speaker will be allowed one comment on the items pulled for discussion and a separate comment for the remaining Consent Calendar. The one comment limit applies 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 - September 11, 2023 Regular Meeting.
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. 2023-09-11 Draft Minutes
5.2 Adopt an Ordinance
amending Section 1.04.010 Definitions and Rules of Construction in Title 1 General Provisions in the Livermore Municipal Code to define the Superintendent of Streets.
Recommendation:
Staff recommends the City Council adopt an ordinance approving modifications to Livermore Municipal Code Section 1.04.010 Definitions and Rules of Construction, adding the definition of the Superintendent of Streets as the City Engineer or their designee to the listed terms.
Staff Report
Attachments:
1. Redline Changes to Municipal Code
2. Ordinance
5.3 Introduce an Ordinance
and waive the first reading, amending section 11.08.010 Definitions and section 11.08.080 Hangar Waiting Lists of Chapter 11.08 Airport Rules and Regulations of the Livermore Municipal Code.
Livermore City Council Agenda
October
9, 2023
Recommendation:
Staff recommends that the City Council introduce an ordinance and waive the first reading, amending section 11.08.010 Definitions and Section 11.08.080 Hangar Waiting Lists of Chapter 11.08 Airport Rules and Regulations of the Livermore Municipal Code.
Staff Report
Attachments:
1. Ordinance
2. Exhibit A - Hangar Waitlist Policy Ordinance
5.4 Resolution authorizing the execution of an agreement with SmartWave Technologies, LLC to install and maintain a wireless Internet infrastructure throughout several City Facilities in an amount not-to-exceed $300,000.
Recommendation:
Staff recommends City Council adopt a resolution authorizing execution of an agreement with SmartWAVE Technologies, LLC to install, upgrade, and maintain a wireless Internet infrastructure in City Hall, the Civic Center Meeting Hall, the Police Department, the Civic Center Library, the City Water Reclamation Plant, the City Maintenance Yard, and the City Airport in an amount not-to-exceed $300,000.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement
5.5 Resolution authorizing execution of a third amendment to the agreement with West Coast Arborists, Inc. for tree and shrub pruning and maintenance services for a total not-to-exceed amount of $994,000.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the execution of a third amendment to the agreement with West Coast Arborists, Inc. to increase the total compensation amount by $206,000 for a total not-to-exceed amount of $994,000.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Third Amendment
5.6 Resolution authorizing the City Manager to execute an agreement between the Livermore Pleasanton Fire Department (LPFD) and the Department of Veteran Affairs (VA) to provide emergency and fire protection services for the Veterans Administration Livermore Medical Center through October 31, 2024, and authorizing the City Manager to enter into a Revenue Sharing Agreement with the City of Pleasanton for Fire Services provided to the Veterans Affairs Livermore Medical Center.
Recommendation:
Livermore City Council Agenda
October
9, 2023
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an Agreement, on behalf of and for the LPFD in her capacity as a Joint Executive Director for LPFD, between the LPFD and the Department of Veteran Affairs (VA) to provide emergency and fire protection services for the Veterans Administration Livermore Medical Center (VAMC) through October 31, 2024, with an option to extend the agreement for an additional two years; and authorizing the City Manager to enter into a Revenue Sharing Agreement with the City of Pleasanton for Fire Services provided to the Veterans Affairs Livermore Medical Center.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - VA Contract
3. Exhibit B - Revenue Sharing Agreement
5.7 Resolution authorizing acceptance of funds in the amount of $50,230, for a State of California Department of Alcoholic Beverage Control grant in Fiscal Year 2023-24 and authorizing the City Manager to execute the grant agreement.
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Authorizing acceptance of funds, in the amount of $50,230, for a State of California Department of Alcoholic Beverage Control grant in Fiscal Year 2023-24; 2 .
Authorizing the City Manager to execute the grant agreement; and 3 .
Approving a supplemental appropriation of $50,230 in the Police Department's budget to support the execution of the grant.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Grant Agreement
5.8 Resolution authorizing acceptance of $100,000 in grant funds from the California Office of Traffic and Safety (OTS) for Extrication Equipment, authorizing the execution of a grant agreement with OTS, appropriating $100,000 in the Equipment Replacement Fund for Fiscal Year 2023-24, and authorizing the purchase of Extrication Systems from L.N. Curtis and Sons.
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Authorizing the City Manager, on behalf of and for the Livermore-Pleasanton Fire Department JPA (LPFD) in her capacity as a Joint Executive Director for LPFD, to accept a $100,000 grant from the Office of Traffic and Safety (OTS), and execute any agreements;
2 .
Authorizing appropriation of $100,000 in the Equipment Replacement Fund budget in FY 2023-24; and
3 .
Authorizing the purchase of extrication systems from L.N. Curtis and Sons.
Staff Report
Attachments:
Livermore City Council Agenda
October
9, 2023
1. Quote
2. Resolution
3. Exhibit A - Grant Agreement
5.9 Resolution approving amendments to the City’s Other Post Employment Benefits (OPEB) Policy to ensure the City does not over-fund its OPEB obligations.
Recommendation:
Staff recommends that the City Council adopt a resolution approving amendments to the City’s Other Post Employment Benefits (OPEB) Policy.
Staff Report
Attachments:
1. OPEB Policy (Redline Version)
2. Resolution
3. Exhibit A - OPEB Policy
5.10 Resolution authorizing participation in the PARS Section 115 Post-Employment Benefits Trust Program to be administered by Public Agency Retirement Services (PARS) and U.S. Bank to help fund the City’s Pension and Other Post Employment Benefits (OPEB)
Recommendation:
Staff recommends that City Council adopt a resolution adopting the PARS Public Agencies Post-Employment Benefits Trust to help fund the City’s Pension and OPEB benefits and appoint the City’s Administrative Services Director as the City’s PARS Plan Administrator that is authorized to execute the PARS legal and administrative documents on behalf of the City.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement
3. Exhibit B - Trustee Fee Schedule
4. Exhibit C - IRS Private Letter Ruling (PLR)
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
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).
7.1 Discussion of staff's response to the Municipal Services Review Survey administered by the Alameda County Local Agency Formation Commission including a proposed amendment to Livermore's Sphere of Influence; and direction on conducting a citywide poll to reaffirm Livermore's interests to preserve open space and scenic corridor above highway 580.
Livermore City Council Agenda
October
9, 2023
Recommendation:
Staff recommends the City Council:
1 .
Receive information regarding a potential amendment to Livermore's Sphere of Influence related to the Municipal Services Review Survey response to the Alameda County Local Agency Formation Commission; and
2 .
Direct staff to conduct a citywide poll to reaffirm Livermore's interests to preserve open space and scenic corridor above highway 580.
Staff Report
Attachments:
1. Doolan Canyon SOI Amendment
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS
9. ADJOURNMENT
To a Special City Council meeting on Monday, October 16, 2023 at 5:00 pm, and a Regular City Council meeting on Monday, October 23, 2023 at 7:00 pm, in the Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.
10. SUPPLEMENTAL MATERIALS
10.1 Supplemental materials.
Staff Report
Attachments:
1. 2023-10-09 Supplemental Materials Received Prior to the Meeting
2. 2023-10-09 Supplemental Materials Received at the Meeting - Public Comment
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. 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
Livermore City Council Agenda
October
9, 2023
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.
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 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. 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
If you would like to deliver written materials to the City Council as part of your public comment, please provide 10 copies to the City Clerk with your speaker card.
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 Livermore City Council Agenda
October
9, 2023
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.
ITEMS RECEIVED AT THE MEETING
Livermore City Council Agenda
October
9, 2023