CITY COUNCIL
AGENDA
MONDAY, NOVEMBER 27, 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 27, 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 Steve Stewart Planning Manager and Andy Ross Economic Development Manager, the City’s negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor’s Parcel No. 99B-5680-4 and 99B-5680–20. The City negotiators may negotiate with Daniel Buffington, Realtor, on behalf of the Brooks Beverly J Trust & House, Doris E. The instructions will concern price and terms of payment.
1.2 Conference with Real Property Negotiator. To meet with Steve Stewart Planning Manager and Andy Ross Economic Development Manager, the City’s negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor’s Parcel No. 99B-5685-12. The City negotiators may negotiate with Daniel Buffington, Realtor, on behalf of Mike Fuller Motorsports Inc. The instructions will concern price and terms of payment.
1.3 Conference with Real Property Negotiator. To meet with Steve Stewart Planning Manager and Andy Ross Economic Development Manager, the City’s negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor’s Parcel No. 905-3-12. The City negotiators may negotiate with Sara Rieck and Michael Reeves, on behalf of the East Bay Regional Park District.
1.4 Conference with Real Property Negotiator. To meet with Steve Stewart Planning Manager and Andy Ross Economic Development Manager, the City’s negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor’s Parcel No. 902-9-3-2 and 902-9-3-1. The City negotiators may negotiate with Richard Kulka, owner on behalf of Hartford Hills Estates Ltd. The instructions will concern price and terms of payment.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
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 27, 2023
3.1 Beautification Committee annual update presented by Vice Chair, Mark Goralka.
Recommendation:
Staff recommends City Council accept the Beautification Committee annual update.
Staff Report
3.2 Presentation of the 2023 Beautification Awards.
Recommendation:
Staff recommends City Council accept the Beautification Committee Awards presentation.
Staff Report
3.3 Livermore Valley Wine Heritage District annual update presented by Brandi Lombardi, Executive Director, Livermore Valley Winegrowers Association.
Recommendation:
Staff recommends City Council accept the Livermore Valley Wine Heritage District annual update.
Staff Report
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 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 - October 9, 2023 and October 23, 2023 Regular Meetings.
Livermore City Council Agenda
November 27, 2023
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. 2023-10-09 Draft Minutes
2. 2023-10-23 Draft Minutes
5.2 Resolution authorizing the execution of an agreement with Milliken Services, LLC to replace carpet throughout the Civic Center Library, in an amount not-to-exceed $430,163.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the execution of an agreement with Milliken Services, LLC to replace carpet throughout the Civic Center Library in an amount not-to-exceed $430,163.
Staff Report
Attachments:
1. Cooperative Purchasing Contract
2. Resolution
3. Exhibit A - Agreement
5.3 Resolution approving the application and authorizing the execution of a Project and Program Grant Agreement with Livermore Art Association for the Spring Arts Program, consistent with the City's Public Art Policy in an amount not-to-exceed $5,800.
Recommendation:
The Commission for the Arts and staff recommend the City Council adopt a resolution approving the application and authorizing the execution of the Project and Program Grant Agreement with Livermore Art Association (LAA) in the amount of $5,800 for the LAA Spring Arts Program.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement
5.4 Resolution authorizing execution of a first amendment to the agreement with Cannon Corporation for programming support during construction of the City of Livermore Water Reclamation Plant Primary and Secondary Treatment Improvements Project No. 2019-31, increasing the not-to-exceed contract amount from $112,900 to $231,026.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute the first amendment to the agreement with Cannon Corporation increasing the not-to-exceed contract amount from $112,900 to $231,026 for additional programming support services during construction of the City of Livermore Water Reclamation Plant (WRP) Primary and Secondary Treatment Improvements, Project No. 2019-31.
Livermore City Council Agenda
November 27, 2023
Staff Report
Attachments:
1. Site Plan
2. Resolution
3. Exhibit A - First Amendment to Agreement with Cannon Corporation
5.5 Resolution authorizing the City Manager to execute a second amendment to the agreement with Raney Planning and Management, Inc. to provide on-call environmental review services, increasing the compensation by $100,000 for a total not-to-exceed contract amount of $300,000 and extending the term to September 27, 2025.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a second amendment to the agreement with Raney Planning and Management, Inc. to provide on-call environmental review services, increasing the compensation by $100,000 with a not-to- exceed amount of $300,000 and extending the term to September 27, 2025.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Second Amendment with Raney Planning and Management, Inc.
5.6 Resolution accepting the Livermore Valley Wine Heritage District 2021-2022 Annual Report and the Livermore Valley Wine Heritage District 2022-2023 Annual Report.
Recommendation:
Staff recommends the City Council adopt a resolution accepting the Livermore Valley Wine Heritage District 2021-2022 Annual Report and the Livermore Valley Wine Heritage District 2022-2023 Annual Report.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Livermore Valley Wine Heritage District 2021-2022 Annual Report
3. Exhibit B - Livermore Valley Wine Heritage District 2022-2023 Annual Report
5.7 Resolution accepting public improvements constructed pursuant to the Subdivision Improvement Agreement for Tract Map 8173 located at 2855 Old First Street for the construction of 17 single family residential homes by Concentric Development Group, Inc. for permanent maintenance and authorizing release of security.
Recommendation:
Staff recommends the City Council adopt a resolution accepting public improvements
constructed pursuant to the Subdivision Improvement Agreement for Tract Map 8173 located at 2855 Old First Street for the construction of 17 single family residential homes by Concentric Development Group, Inc. for permanent maintenance and authorizing release of security.
Livermore City Council Agenda
November 27, 2023
Staff Report
Attachments:
1. Vicinity Map
2. 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 amending the Livermore Municipal Code Chapter 5.90 Short-Term Rentals, Section 5.90.050 Locations, to allow accessory dwelling units with building permits issued prior to January 1, 2020, to be used as short-term rentals.
Recommendation:
Staff recommends that the City Council do the following:
1 .
Adopt a resolution finding the project is exempt from the California Environmental Quality Act; and
2 .
Introduce an ordinance
and waive the first reading, amending Chapter 5.90 Short- Term Rentals, Section 5.90.050 of the Livermore Municipal Code, allowing accessory dwelling units with building permits issued prior to January 1, 2020, to be used as short- term rentals.
Staff Report
Attachments:
1. Resolution
2. Ordinance
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 accepting the Altamont Landfill Open Space Committee's recommendation to expend funds for a grant to allow the California Rangeland Trust in the amount of $145,810 for the purchase of a 120-acre conservation easement on a portion of the of the 160-acre Diranne Ranch (DC Ranch) located in Eastern Alameda County.
Recommendation:
Staff recommends the City Council adopt a resolution accepting the Altamont Landfill Open Space Committee's proposed expenditure of $145,810 of Altamont Open Space Funds for the purpose of funding the grant request of the California Rangeland Trust to purchase and manage a 120-acre conservation easement on the 160-acre Diranne Ranch (DC Ranch) located in Eastern Alameda County and finding the request is consistent with the Altamont Landfill Settlement Agreement.
Staff Report
Livermore City Council Agenda
November 27, 2023
Attachments:
1. Staff Analysis
2. Location Maps
3. Resolution
4. Exhibit A to Resolution - California Rangeland Trust Grant Application
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, December 11, 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.
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:
Livermore City Council Agenda
November 27, 2023
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
.
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 Livermore City Council Agenda
November 27, 2023
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 27, 2023