CITY COUNCIL
AGENDA
MONDAY, OCTOBER 23, 2023
REGULAR 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
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 23, 2023
1. CLOSED SESSION - 6:30 PM
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 Conference with Legal Counsel - Anticipated Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(4) to decide whether to initiate litigation based on existing facts and circumstances. (One case)
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Livermore Human Services Commission Annual Update presented by Jon Orellana, Chair, Livermore Human Services Commission.
Recommendation:
Staff recommends the City Council accept the Livermore Human Services Commission annual update.
Staff Report
3.2 Proclamation recognizing October as Domestic Violence Awareness Month presented to Tri- Valley Haven Executive Director, Christine Dillman.
Recommendation:
Staff recommends City Council recognize October as Domestic Violence Awareness Month and honor Tri-Valley Haven for their work.
Staff Report
Attachments:
1. Proclamation
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 23, 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 25, 2023 Regular Meeting.
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. 2023-09-25 Draft Meeting Minutes
5.2 Adopt an Ordinance
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.
Recommendation:
Staff recommends that the City Council adopt an ordinance 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
5.3 Introduce an ordinance
and waive the first reading, adding Chapter 8.21 Summary Abatement of Graffiti to the Livermore Municipal Code.
Recommendation:
Livermore City Council Agenda
October 23, 2023
Staff recommends the City Council introduce an ordinance and waive the first reading, adding Chapter 8.21 Summary Abatement of Graffiti to the Livermore Municipal Code, with an effective date of January 1, 2024.
Staff Report
Attachments:
1. Ordinance
2. Exhibit A - LMC Chapter 8.21
5.4 Introduce an omnibus ordinance
and waive the first reading to adopt modifications to the Livermore Municipal Code and the Livermore Development Code.
Recommendation:
Staff recommends City Council introduce an omnibus ordinance and waive the first reading adopting modifications to the Livermore Municipal Code and Livermore Development Code to update references, strike outdated terms, add additional references, clarify existing provisions, and to make additional technical or non-substantive corrections.
Staff Report
Attachments:
1. Ordinance
5.5 Resolution authorizing supplemental appropriations in the amount of $535,000 to Fiscal Year 2023-24 and $250,000 to Fiscal Year 2024-25 and awarding and authorizing execution of an agreement with Redgwick Construction Company, in an amount not-to-exceed $1,849,844, for construction of the Railroad Avenue Street Improvements Project No. 2021-16.
Recommendation:
Staff recommends the City Council adopt a resolution for the Railroad Avenue Street Improvements Project 2021-16:
1 .
Authorizing a supplemental appropriation of Sewer Replacement Fund (Fund 239) in the amount of $115,000 to FY 2023-24;
2 .
Authorizing supplemental appropriations of Gas Taxes (Fund 650) in the amount of $210,000 to FY 2023-24 and $125,000 to FY 2024-25;
3 .
Authorizing supplemental appropriations of Gas Tax-SB1 (Fund 651) in the amount of $210,000 to FY 2023-24 and $125,000 to FY 2024-25;
4 .
Awarding a construction contract to Redgwick Construction Company, in an amount not-to-exceed $1,849,844, and authorizing the City Manager to sign the agreement; 5 .
Rejecting all other bids or proposals; and
6 .
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 - Construction Contract with Redgwick Construction Company
Livermore City Council Agenda
October 23, 2023
5.6 Resolution approving an exception to the Livermore Municipal Code bidding requirement and authorizing sole sourcing specific brands of equipment and instruments for the construction of the Water Reclamation Plant (WRP) UV Treatment System Replacement Project No. 2021-28.
Recommendation:
The acting City Engineer recommends the City Council adopt a resolution:
1 .
Authorizing sole sourcing specific brands of equipment and instruments for the construction of the Water Reclamation Plant (WRP) UV Treatment System Replacement Project No. 2021-28;
2 .
Approving, per the recommendation of the acting City Engineer, an exception to the bidding requirement contained in Livermore Municipal Code Section 2.68.550(C), because there is no competitive advantage to be gained by inviting bids and the acting City Engineer has determined that the supplies and equipment are unique and available for a sole source; and
3 .
Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of the resolution.
Staff Report
Attachments:
1. Project Location
2. Resolution
5.7 Resolution approving an exception to the Livermore Municipal Code bidding requirements and authorizing sole sourcing specific brands of equipment and instruments for the construction of the Airway Pump Station Improvements Project No. 2021-30.
Recommendation:
The acting City Engineer recommends the City of Livermore City Council adopt a resolution:
1 .
Authorizing sole sourcing specific brands of equipment and instruments for the construction of the Airway Pump Station Improvements Project No. 2021-30; 2 .
Approving, per the recommendation of the acting City Engineer, an exception to the bidding requirement contained in Livermore Municipal Code Section 2.68.550(C), because there is no competitive advantage to be gained by inviting bids and the acting City Engineer has determined that the supplies and equipment are unique and available for a sole source; and
3 .
Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of the resolution.
Staff Report
Attachments:
1. Project Location
2. Resolution
5.8 Resolution authorizing execution of a Low-Income For Sale Housing Agreement with TH Arroyo Vista, LLC, for a 435-unit subdivision located in the Arroyo Vista neighborhood, generally to the east and north of Las Positas Road, south of Arroyo Vista Road, west of Bennett Drive and bisected by the Arroyo Seco channel intersection (VTTM 8379).
Livermore City Council Agenda
October 23, 2023
Recommendation:
Staff recommends the City Council adopt a resolution authorizing execution of a Low-Income For Sale Housing Agreement with TH Arroyo Vista, LLC, for a 435-unit subdivision located in the Arroyo Vista Neighborhood Area, generally to the east and north of Las Positas Road, south of Arroyo Vista Road, west of Bennett Drive and bisected by the Arroyo Seco channel (Vesting Tentative Tract Map 8379).
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement
5.9 Resolution approving allocation of the Tourism and Special Event Grant monies for July 1, 2023-June 30, 2024, and authorizing the execution of grant agreements with Altamont Cruisers, Livermore Valley Opera, Quest Science Center, Rotary Club of Livermore, and Shakespeare's Associates, Inc. in the amount of $2,000 each.
Recommendation:
Staff recommends City Council adopt a resolution approving allocation of Tourism and Special Event Grant monies for July 1, 2023-June 30, 2024, and authorize the execution of grant agreements with Altamont Cruisers, Livermore Valley Opera, Quest Science Center, Rotary Club of Livermore, and Shakespeare's Associates, Inc. in the amount of $2,000 each.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Grant Agreement with Altamont Cruisers
3. Exhibit B - Grant Agreement with Livermore Valley Opera
4. Exhibit C - Grant Agreement with Quest Science Center
5. Exhibit D - Grant Agreement with Rotary Club of Livermore
6. Exhibit E - Grant Agreement with Shakespeare's Associates
5.10 Resolution authorizing a First Amendment to the agreement with PlaceWorks, Inc. for the Comprehensive General Plan and Housing Element Update, increasing the scope of work and the not-to-exceed amount from $2,800,000 to $3,026,000 and extending the term to December 31, 2025.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the execution of a First Amendment to the agreement with PlaceWorks, Inc. to update the Livermore General Plan and Housing Element, increasing the scope of work and the not-to-exceed amount from 2,800,000 to $3,026,000 and extending the term to December 31, 2025.
Staff Report
Attachments:
1. June 28, 2021, Staff Report
2. Resolution
3. Exhibit A - Agreement
Livermore City Council Agenda
October 23, 2023
5.11 Resolution authorizing execution of the second amendment to the agreement with Ruggeri- Jensen-Azar for on-call engineering design services increasing the not-to-exceed contract amount from $1,200,000 to $1,800,000 and extending the term of the agreement one year to December 31, 2024.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute the second amendment to the agreement with Ruggeri-Jensen-Azar for on-call engineering design services increasing the not-to-exceed contract amount from $1,200,000 to $1,800,000 and extending the term of the agreement to December 31, 2024.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Ruggeri-Jensen-Azar Second Amendment
5.12 Resolution authorizing execution of an agreement with Avenu Insights & Analytics, LLC for business license and tobacco retail license services in an amount not-to-exceed $450,000 for administration services and $250,000 per account for discovery/recovery and deficiency audit services.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Avenu Insights & Analytics, LLC for business license and tobacco retail license services in an amount not-to-exceed $450,000 for administration services and $250,000 per account for discovery/recovery and deficiency audit services, for a term of three years with two one-year renewal options.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Avenu Insights and Analytics LLC Agreement
5.13 Resolution authorizing execution of a purchase order with Asana, Inc. for the purchase of 250 Asana Enterprise Licenses in an amount not-to-exceed $219,000.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing execution of a purchase order with Asana, Inc. for the purchase of 250 Asana Enterprise Licenses in an amount not-to- exceed $219,000.
Staff Report
Attachments:
1. Asana Quote
2. Resolution
5.14 Resolution accepting the FY 2022-23 Year-end Budget Report, allocating the General Fund budget surplus for various purposes, and appropriating additional budget to those funds that
Livermore City Council Agenda
October 23, 2023
ended FY 2022-23 with expenditures in excess of budget.
Recommendation:
Staff recommends City Council adopt a resolution accepting the FY 2022-23 Year-end Budget Report, allocating the General Fund budget surplus for various purposes, and appropriating additional budget to those funds that ended FY 2022-23 with expenditures in excess of budget.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - FY 2022-23 Year End Budget Report
3. Exhibit B - Summary of Allocations of FY2022-23 General Fund Surplus
4. Exhibit C - Appropriations to Cover Expenditures Over Budget
5.15 Resolutions approving amendments to the City of Livermore Salary Plan, adding 1.0 full time Regular Employee position, approving a 5% salary adjustment for members of the Police Officer’s Association, Police Management Association, and the Police Chief, and confirming approval of a one-time 2% payment to members of the Association of Livermore Employees, Livermore Management Group, Livermore Management Confidential Employees, Livermore Confidential Employees and Livermore Executive Management Employees.
Recommendation:
Staff recommends the City Council adopt three resolutions to do the following:
Resolution 1 - 2023 Salary Plan:
1 .
Approving the November 2023 Salary Plan to incorporate wage adjustments for the City Manager, City Attorney, and Executive Management employees; 2 .
Authorizing an increase in the salary range for the Airport Manager; 3 .
Authorizing the allocation of an additional 1.0 full time Regular Employee position for the Innovation and Economic Development Department; and, 4 .
Authorizing the City Manager to make annual salary and cost of living adjustments for the Executive Management employees that are the same as the annual adjustments to the Livermore Management Group.
Resolution 2 - 2024 Salary Plan:
1 .
Approving the January 2024 Salary Plan to incorporate a 5% base salary adjustment to the classifications in the Livermore Police Officer’s Association, Livermore Police Management Association, and the Police Chief, effective January 1, 2024.
Resolution 3 - Lump Sum:
1 .
Approving a one-time 2% of base salary lump sum bonus for the following employees who are employed by the City as of January 1, 2024: the employees in the Livermore Association of Employees group, Executive Management employees (excluding the Police Chief), employees in the Livermore Management Group management confidential employees, and confidential employees.
Livermore City Council Agenda
October 23, 2023
Staff Report
Attachments:
1. Resolution 1 - 2023 Salary Plan
2. Resolution 1 - Exhibit A - 2023 Salary Plan
3. Resolution 2 - 2024 Salary Plan
4. Resolution 2 - Exhibit A - 2024 Salary Plan
5. Resolution 3 - Lump Sum
5.16 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 consider the Housing and Human Services needs and Housing and Human Services Grant Priorities for Fiscal Year 2024-25.
Recommendation:
The Human Services Commission and staff recommend the City Council adopt a resolution approving the Housing and Human Services Grant Priorities for Fiscal Year 2024-25.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - City of Livermore Housing and Human Services Grant Priorities FY 2024-25
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 Resolution approving an amended and restated employment contract with the City Manager.
Recommendation:
The Evaluation Subcommittee recommends the City Council adopt a resolution approving an amended and restated employment contract with the City Manager.
Staff Report
Livermore City Council Agenda
October 23, 2023
Attachments:
1. City Manager Employment Contract
REDLINE
2. Resolution
3. Exhibit A - City Manager Employment Contract
7.2 Resolution approving an amended and restated employment contract with the City Attorney.
Recommendation:
The Evaluation Subcommittee recommends the City Council adopt a resolution approving an amended and restated employment contract with the City Attorney.
Staff Report
Attachments:
1. City Attorney Employment Contract REDLINE
2. Resolution
3. Exhibit A - City Attorney Employment Contract
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, November 13, 2023 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.
10. SUPPLEMENTAL MATERIALS
10.1 Supplemental materials.
Staff Report
Attachments:
1. Supplemental Materials
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 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.
Livermore City Council Agenda
October 23, 2023
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 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, http://LivermoreCA.gov/agenda
.
Livermore City Council Agenda
October 23, 2023
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
October 23, 2023