OCTOBER 23, 2023 Minutes CM/75/266
MINUTES
CIT
Y COUNCIL
OCTOBER 23, 2023
________________________________________________________________ CL
OSED SESSION
CALL
TO ORDER – The Closed Session of the City Council was called to order by Mayor John Marchand a t 6:30 pm, held in person at 1 016 S. Livermore Avenue and YouTube.
ROLL C
ALL – Present: Mayor John Marchand, and Council Member s, Ben Barrientos, Evan Branning and Robert W. Carling.
Ab
sent: Vice Mayor Brittni Kiick.
OP
PORTUNITY FOR THE PUBLIC TO ADDRESS THE CI TY COUNCIL
REGARDING CLOSED SESSION ITEMS.
May
or Marchand opened the public comment period.
Ther
e were no speakers and the public comment period was closed.
1. ADJO
URN TO CLOSED SESSION
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) ________________________________________________________________ REG
ULAR MEETING
2. CAL
L 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 YouTube.
ROLL
CALL – Present: Mayor John Marchand, and Council Members, Ben Barrientos, Evan Branning and Robert W. Carling.
Ab
sent: Vice Mayor Brittni Kiick.
PLE
DGE OF ALLEGIANCE
REP
ORT OF ACTION TAKEN IN CLOSED SESSION
CM/75/267 Minutes OCTOBER 23, 2023
City Attorney Jason Alcala said there was no reportable action. 3 . PROCLAMATIONS AND PRESENTATIONS
3 .1 Livermore Human Services Commission A nnual Update presented by Jon Orellana, Chair, Livermore Human Services Commission.
J
on Orellana , Livermore Human Services Commission Chair presented the annual update.
3 .2 Proclamation recognizing October as Domestic Violence Awareness Month presented to Tri- Valley Haven Executive Director, Christine Dillman.
May
or Marchand presented a proclamation to Christine Dillman, Tri-Valley Haven Executive Director declaring October as Domestic Violence Awareness Month. 4 . OPEN FORUM
Ma
yor Marchand opened the public comment period.
Gre
g Scott, provided a comment.
D
onna Cabanne, provided a comment.
O
rlando Munoz, provided a comment.
K
arl Wente, provided a comment.
L
isa Tromovitch, SPARK Theater, provided a comment.
Th
ere were no more speakers and the public comment period was closed. 5 . C ONSENT CALENDAR
M
ayor Marchand re- ordered the agenda and moved Item 5 .15 from the Consent Calendar for separate discussion and action after item 7.2.
Ma
yor Marchand opened the public comment period.
K
arl Wente, provided a comment.
I
tem 5.16 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 BRANNING , S ECONDED BY COUNCIL MEMBER CARLING AND CARRIED ON A 4-0 VOTE, THE CITY
COUNCIL APPROVED THE CONSENT CA LENDAR WITH THE EXCEPTION OF ITEM 5.15.
OCTOBER 23, 2023 Minutes CM/75/268
ON
THE MOTION OF COUNCIL MEMBE R CARLING , SECONDED B Y
COUNCIL MEMBER BRANNING, AND CARRIED ON A 4- 0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 5.15
5.1 Approval of draft minutes - September 25, 2023 Regular Meeting.
5.2 Adopt Ordinance 2149 amending section 11.08.010 De finitions and section 11.08.080 Hangar Waiting Lists of Chapter 11.08 Airport Rules and Regulations of the Livermore Municipal Code.
5 .3 Introduce an ordinance and waive the first reading, adding Chapter 8.21 Summary Abatement of Graffiti to the Livermore Municipal Code. 5 .4 Introduce an omnibus ordinance and waive the first reading to adopt modifications to the Livermore Municipal Code and the Livermore Development Code.
5 .5 Resolution 2023-177 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. 5 .6 Resolution 2023-178 approving an exception to the Li vermore 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. 5 .7 Resolution 2023-179 approving an excep tion 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.
5 .8 Resolution 2023-180 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).
5 .9 Resolution 2023-181 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 Al tamont Cruisers, Livermore Valley Opera, Quest Science Center, Rotary Club of Livermore, and Shakespeare's Associates, Inc. in the amount of $2,000 each.
5. 10 Resolution 2023-182 authorizing a First Amendment to the agreement with PlaceWorks, Inc. for the Comprehensive General Plan and Housing Element
CM/75/269 Minutes OCTOBER 23, 2023
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.
5. 11 Resolution 2023-183 authorizing execution of the second amend ment 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.
5. 12 Resolution 2023-184 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.
5. 13 Resolution 2023-185 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.
5. 14 Resolution 2023-186 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.
IT
EM 5.15 WAS MOVED BY THE MAYOR TO BE HEARD AFTER ITEM 7.2
5. 16 Resolution 2023-187 of continued local emergency in response to impacts from a series of severe storm events earlier this year. 6 . PUBLIC HEARINGS
6 .1 Hearing to consider the Housing and Human Services needs and Housing and Human Services Grant Priorities for Fiscal Year 2024-25.
R
ecommendation: 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.
M
anagement Analyst I Amy Walker presented the staff report.
Ma
yor Marchand opened the public hearing.
G
reg Scott, provided a comment.
Al
an Burnham, provided a comment.
K
arl Wente, provided a comment.
T
here were no more speakers and the hearing was closed.
ON
THE MOTION OF C OUNCIL MEMBER B RANNING, SECONDED BY
COUNCIL MEMBER BARRIENTOS AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION.
Resolution 2023-1 88 ap proving th e Housing an d Human Services Grant Priorities for Fiscal Year 2024-25.
7. MATTERS FOR CONSIDERATION
Mayor Marchand requested that both Items 7.1 and 7.2 be heard together.
7.1 Resolution approving an amended and restated employment contract with the City Manager.
Recommendation: The Evaluation Subcom
mittee recommends the City Council
adopt a resolution approving an amended and restated employment contract with the City Manager.
7.2 Resolution approving an amended and rest ated employment contract with the City Attorney.
Recommendation: The Evaluation Subcom mittee recommends the City Council adopt a resolution approving an amended and restated employment contract with the City Attorney.
Administrative Services Director Tina Olson presented the staff report.
Mayor Marchand opened the public comment period.
Karl Wente provided a comment for Items 7.1 and 7.2.
There were no more speakers and the public comment period was closed.
ON THE MOTION OF COUNCIL MEMBER CARLING SECONDED BY
COUNCIL MEMBER BARRIENTOS AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS FOR ITEMS 7.1 AND
7.2. Resolution 2023-189 approving an amended and restated employment c ontract with the City Manager
Resolution 2023-190 approving an amended and r estated employment contract with the City Attorney
5.15 Resolutions approving amendments to the City of Livermore Salary Plan, adding 1.0 full time Regular Employee pos ition, approving a 5% salary adjustment for members of the Police Officer’s Association, Police Management Association, and the Polic e Chief, and confirm ing approval of a one-t ime 2% payment to members of the Association of Livermore Employees , Livermore Management Group, Livermor e Management Confidential E mployees, Livermore OCTOBER 23, 2023 Minutes CM /75/270
CM/75/271 Minutes OCTOBER 23, 2023
Confidential Employees and Livermore Executive Management Employees.
Ma
yor Marchand opened the public comment period.
T
here were no speakers and the public comment period was closed.
O
N THE MOT ION OF COUNCIL MEMBE R CARLING , SECONDED B Y COUNCIL MEMBER BRANNING, AND CARRIED ON A 4- 0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 5.15.
R
esolution 2023-191 - 2023 Salary Plan:
1. A pproving the November 2023 Salary Plan to incorporate wage adjustments for the City Manager, City Attorney, and Executive Management employees;
2. A uthorizing 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.
R
esolution 2023-192 - 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, effec tive January 1, 2024.
R
esolution 2023-193 - 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 t he Livermore Association of Employees group, Executive Management employees (excluding the Police Chief), employees in the Livermore Management Group management confidential employees, and confidential employees.
8 . COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CIT Y
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 PROVIDE A SU MMARY IN THE SUPPLEMENTAL PACKET ARE INCLUDED BELOW.
L
ivermore Valley Vintners Collected CM Branning reported his attendance at several Vintners events and encourage others to attend in 2024.
F
ire Department Response CM Carling and CM Barrientos commended the Fire Department on their response to the fire at the property adjacent to The Well
OCTOBER 23, 2023 Minutes CM/75/272
on Concannon Blvd.
A
rt Walk CM Carling, CM Barrientos, and Mayor Marchand noted their attendance at the event on October 14, 2023.
C
ompost Giveaway CM Carling noted his attendance on October 14, 2023.
A
ltamont Landfill Community M onitor Committee CM Barrientos noted his attendance on October 11, 2023.
I
ntergovernmental Meeting CM Barrientos noted his attendance on October 12, 2023.
E
ast Bay Community Choice Energy C M Barrientos noted his attendance at the Marketing Committee meeting on October 16, 2023, and that the agency ’s name has been changed to AVA Community Energy.
T
rails Committee CM Barrientos noted his attendance.
E
ast Bay Community Choice Energy C M Barrientos noted his attendance at the Board of Directors meeting on October 18, 2023.
Se
niors in Retirement CM Barrientos noted his atten dance on October 1 9, 2023.
S
t. Mary ’s Jacobite Syriac Orthodox Church CM Barrientos note d his attendance at the Family Night event on October 21, 2023.
Cit
y Council instructed staff to require the sale of unleaded fuel at the airport and that it be added to the minimum standards.
9 . ADJOURNMENT – at 8:37 pm t o a Regular City Council meeting on Monday, November 13, 2023 at 7:00 pm, Civic Center Meet ing Hall, City Council Chambers, 1016 S. Livermore Avenue.
APPR
OVED:
J OHN P. MARCHAND, MAYOR
ATTEST: ___ ___________
M ARIE WEBER, DEPUTY CITY MANAGER/ CITY CLERK