CITY COUNCIL
AGENDA
MONDAY, NOVEMBER 13, 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
November 13, 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 Real Property Negotiator. To meet with Brandon Cardwell 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.
1.2 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
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.
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
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
November 13, 2023
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 revised minutes. After completing an internal audit of meeting minutes, corrections to the following minutes are needed - July 24, 2023 Regular Meeting, September 11, 2023 Regular Meeting, and September 25, 2023 Regular Meeting.
Recommendation:
Staff recommends the City Council approve the revised minutes.
Staff Report
Attachments:
1. Redlined 2023-07-24 Regular Meeting Minutes
2. Redlined 2023-09-11 Regular Meeting Minutes
3. Redlined 2023-09-25 Regular Meeting Minutes
5.2 Adopt an ordinance
, adding Chapter 8.21 Summary Abatement of Graffiti to the Livermore Municipal Code.
Recommendation:
Staff recommends the City Council adopt an ordinance, adding Chapter 8.21 Summary Abatement of Graffiti to the Livermore Municipal Code.
Staff Report
Attachments:
1. Ordinance
2. Exhibit A - LMC Chapter 8.21
5.3 Adopt an omnibus ordinance,
making modifications to the Livermore Municipal Code and the Livermore Development Code.
Recommendation:
Staff recommends City Council adopt an omnibus ordinance, making 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
5.4 Resolution adding 2024 Storm Damage Citywide Emergency & Protective Measures Project 2024-27 to the 2023-2028 Capital Improvement Plan, authorizing supplemental appropriations of General Fund Capital Reserves to 2024 Storm Damage Citywide Emergency & Protective
Livermore City Council Agenda
November 13, 2023
Measure Project 2024-27, in the amount of $300,000 to Fiscal Year 2023-24 and $200,000 to Fiscal Year 2024-25, and executing agreements with Cazadoro Engineering, ETIC Engineering, Hanford Applied Restoration, and Triangle Properties, Inc. to provide on-call services to assist with the Livermore Stream Maintenance Program and emergency storm damage repairs through December 31, 2025, in amounts not-to-exceed $600,000 each.
Recommendation:
Staff recommends the City Council adopt a resolution:
Adding 2024 Storm Damage Citywide Emergency & Protective Measures Project 2024- 27 to the 2023-2028 Capital Improvement Plan;
Authorizing supplemental appropriations of General Fund Capital Reserves to 2024
Storm Damage Citywide Emergency & Protective Measure Project 2024-27 in the amount of $300,000 to Fiscal Year 2023-24 and $200,000 to Fiscal Year 2024-25 ; and
Authorizing the City Manager to execute agreements with Cazadoro Construction, ETIC Engineering, Hanford Applied Restoration, and Triangle Properties, Inc. to provide on- call construction and maintenance services and emergency storm damage repairs in support of the City's Stream Maintenance Program and emergency storm damage repairs through December 31, 2025, in amounts not-to-exceed $600,000 each.
Staff Report
Attachments:
1. CIP Worksheet Project 2024-27
2. Resolution
3. Exhibit A - Agreement with Cazadoro Engineering
4. Exhibit B - Agreement with ETIC Engineering
5. Exhibit C - Agreement with Hanford Applied Restoration
6. Exhibit D - Agreement with Triangle Properties, Inc.
5.5 Resolution authorizing a supplemental appropriation of General Fund Capital Reserves in the amount of $99,000 to the Fiscal Year 2023-24 budget for the Decorative Wall Replacement - Citywide Project 2006-54 for the removal of the deteriorating wood fence on Holmes Street between Vancouver Way and Paris Way.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing a supplemental appropriation of General Fund Capital Reserves (Fund 001) in the amount of $99,000 to the Fiscal Year 2023-24 budget for the Decorative Wall Replacement - Citywide Project 2006-54 for the removal of the deteriorating wood fence on
Holmes Street between Vancouver Way
and Paris Way
.
Staff Report
Attachments:
1. Location Map
2. Resolution
5.6 Resolution approving Final Tract Map 8613 and authorizing execution of a Subdivision Improvement Agreement for the Shea Portola Townhomes project at the northeast corner of Portola Avenue and Collier Canyon Road.
Livermore City Council Agenda
November 13, 2023
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Approving Final Tract Map 8613;
2 .
Approving and authorizing execution of the Subdivision Improvement Agreement; for the Shea Portola Townhomes Project; and
3 .
Accepting, on behalf of the public, all real property offered for dedication within Final Tract Map 8613 in conformance with the terms of the offer except for certain easements which the Council reserves the right to accept at a future date.
Staff Report
Attachments:
1. Vicinity Map
2. Resolution
3. Exhibit A - Final Tract Map 8613
4. Exhibit B - Subdivision Improvement Agreement
5.7 Resolution summarily vacating public right-of-way for Arroyo Vista Tract 8689 within a portion of Parcel C of Grant Deed 94-176895, located at the intersection of Las Positas Road and Bennett Drive, retaining the rights of existing public utility easement within the portion of Parcel C, and authorizing execution of a Quitclaim Deed.
Recommendation:
Staff recommends the City Council adopt a resolution to summarily vacate a right-of-way within a portion of Parcel C of Grant Deed 94-176895, located at the intersection of Las Positas Road and Bennett Drive, (also known as a portion of Lot 5 of Parcel Map 6986) but retain the rights of the existing public utility easement within Parcel C and authorize the City Manager to quitclaim a portion of Parcel C (right-of-way) to TH Arroyo Vista LLC, a California Limited Liability Company (Developer).
Staff Report
Attachments:
1. Vicinity Map
2. Resolution
3. Exhibit A - Portion of Lot 5 (right-of-way) Plat & Legal Description
4. Exhibit B - Quitclaim Deed, TH Arroyo Vista LLC
5.8 Resolution authorizing issuance of a purchase order with Beam Global in the amount of $173,709 for two solar-powered electric vehicle chargers to be installed at City Hall and the Police Department.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing issuance of a purchase order with Beam Global in the amount of $173,709 for two EV ARC solar-powered electric vehicle chargers.
Staff Report
Attachments:
Livermore City Council Agenda
November 13, 2023
1. CA State DGS Contract #1-22-61-16
2. BEAM EV ARC Quote
3. Resolution
5.9 Resolution authorizing execution of a purchase order with Golden State Fire Apparatus Inc. for one new Pierce Manufacturing Enforcer Type 1 Fire Engine in the amount of $1,302,155 with a financial contingency in an amount not-to-exceed ten percent (10%).
Recommendation:
Staff recommends the City Council adopt a resolution authorizing execution of a purchase order with Golden State Fire Apparatus Inc. for one new Pierce Manufacturing Enforcer Type 1 Fire Engine in the amount of $1,302,155 with a financial contingency in an amount not-to- exceed ten percent (10%).
Staff Report
Attachments:
1. Sourcewell Contract #113021-OKC-1
2. City of Livermore Pumper Proposal Package
3. Resolution
5.10 Resolution authorizing issuance of a purchase order to Golden State Fire Apparatus, Inc. for one 2024 BME Fire Truck, LLC Targhee Model 34 Type 3 fire engine in the amount of $551,261 and authorizing a financial contingency in an amount not-to-exceed ten percent (10%).
Recommendation:
Staff recommends the City Council adopt a resolution authorizing issuance of a purchase order to Golden State Fire Apparatus, Inc. for one 2024 BME Fire Truck, LLC Targhee Model 34 Type 3 fire engine in the amount of $551,261 and authorizing a financial contingency in an amount not-to-exceed ten percent (10%).
Staff Report
Attachments:
1. HGAC Contract #FS12-19
2. Livermore Pleasanton Type 3 Proposal Package
3. Resolution
5.11 Resolution authorizing execution of an agreement with Hinderliter, de Llamas and Associates, Inc., for sales, use, and transaction tax management and audit services.
Recommendation:
Staff recommends that City Council authorize the execution of a five-year agreement with Hinderliter, de Llamas and Associates, Inc., for sales, use and transaction tax services.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement
Livermore City Council Agenda
November 13, 2023
5.12 Resolution authorizing the execution of a Second Amendment to the agreement with Tracy Business Services, Inc. DBA Express Employment Professionals for temporary labor services to increase the total compensation by $200,000 for a total not-to-exceed amount of $495,000, to extend the term of the agreement for a one-year period, and to increase insurance limit requirements.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the execution of a S econd
Amendment to the agreement with Tracy Business Services, Inc. DBA Express Employment Professionals for temporary labor services to increase the total compensation by $200,000 for a total not-to-exceed amount of $495,000, to extend the term of the agreement for a one-year period, and to increase insurance limit requirements.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement
5.13 Resolution authorizing a first amendment to an agreement with Kaizen InfoSource, LLC for records management consulting increasing the not-to-exceed amount to $212,000 and extending the term to December 31, 2024.
Recommendation:
Staff recommends City Council adopt a resolution authorizing a first amendment to an agreement with Kaizen InfoSource, LLC for records management consulting increasing the not-to-exceed amount to $212,000 and extending the term to December 31, 2024.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - First Amendment
5.14 Resolution authorizing the acceptance and appropriation of the County of Alameda Homeless Housing, Assistance and Prevention (HHAP) Program Rounds 3 and 4 grant funds in the amount of $439,426 and authorizing a supplemental appropriation in the amount of $245,237 in unexpended HHAP Rounds 1 and 2 grant funds.
Recommendation:
Staff recommends the City Council adopt a resolution:
Authorizing the City’s acceptance and appropriation of the Alameda County HHAP Rounds 3 and 4 funds in the total of $439,426.
Authorizing the City Manager, or her designee, to sign all documents related to the execution of the HHAP funding agreements in substantially the same form as the First Amendment to the Standard Services Agreement attached to the resolution as Exhibit A, and related documents with Alameda County for the City of Livermore HHAP Rounds 3 and 4 funds.
Authorizing the City Manager, or her designee, to sign all documents related to the execution of grant agreements and, as appropriate, amended grant agreements with
Livermore City Council Agenda
November 13, 2023
agencies receiving allocations of HHAP funds from the City of Livermore, including agreements and amended agreements with agencies in amounts exceeding $100,000, consistent with the requirements of and in amounts not-to-exceed those listed in the agreement attached hereto as Exhibit A.
Approving a supplemental appropriation in the amount of $245,237 of unexpended HHAP Rounds 1 and 2 funds.
Staff Report
Attachments:
1. County of Alameda Standard Services Agreement (Fully Executed)
2. Resolution
3. Exhibit A - First Amendment to Standard Services Agreement
5.15 Resolution approving submission of application for funding and the execution of a grant agreement and subrecipient agreements for the 2023-24 funding year of the State Emergency Solutions Grant (ESG) Program, Homelessness Prevention Activity Notice of Funding Availability (NOFA).
Recommendation:
Staff recommends the City Council adopt two resolutions:
Authorizing receipt of and approving allocations for the ESG Homelessness Prevention grant, in an amount not to exceed $260,000;
Authorizing the City Manager or her designee, to execute and deliver all applications, grant agreements and all subsequent amendments and act on the Applicant’s behalf in all matters pertaining to all such applications;
Authorizing and directing the City Manager or her designee, to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California in connection with the grant; and Authorizing the City Manager, or her designee, to sign all documents related to the execution of grant agreements with subgrantees receiving allocations of funds from the State ESG Homelessness Prevention funds, including selection of, and contracting with, service providers in amounts exceeding $100,000, consistent with the allowable activities in the ESG Homelessness Prevention NOFA.
Staff Report
Attachments:
1. 2023 California State ESG Homelessness Prevention NOFA
2. HCD Authorizing Resolution
3. Resolution
5.16 Resolution authorizing the display of the Prisoner of War / Missing in Action (POW-MIA) flag for the week of November 14-19, 2023.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the display of the Prisoner of War / Missing in Action (POW-MIA) flag on the flagpole at the Civic Center Campus for the week of November 14-19, 2023.
Livermore City Council Agenda
November 13, 2023
Staff Report
Attachments:
1. Resolution
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 Update on the citywide poll results and preliminary priorities for negotiations with Dublin regarding open space and scenic corridor preservation in Doolan Canyon.
Recommendation:
Staff recommends the City Council receive an update on the citywide poll results and preliminary priorities for negotiations with Dublin regarding open space and scenic corridor preservation in Doolan Canyon.
Staff Report
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, November 20, 2023 and a Regular City Council meeting on Monday, November 27, 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
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:
Livermore City Council Agenda
November 13, 2023
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.
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.
Livermore City Council Agenda
November 13, 2023
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
.
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
November 13, 2023