NOVEMBER 27, 2023 Minutes CM/75/279
MINUTES
CITY
COUNCIL
NOVEMBER 27, 2023
________________________________________________________________ CLO
SED SESSION
CALL T
O ORDER – The Closed Session of the City Council was called to order by Mayor John Marchand at 6:30 pm, held in person at 1016 S. Livermore Avenue and YouTube.
ROLL
CALL – Present: Mayor John Marchand, Vice Mayor Brittni Kiick , and Council Members, Ben Barrientos, Evan Branning and Robert W. Carling.
OPP
ORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL
REGARDING CLOSED SESSION ITEMS.
Mayo
r Marchand opened the public comment period.
There w
ere no speakers, and the hearing was closed.
1. ADJOURN T
O CLOSED SESSION
1.1 C
onference 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 Conf
erence 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 Conf
erence 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.
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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.
________________________________________________________________ RE
GULAR MEETING
2 . CALL TO ORDER – T he meeting of the City Council was called to order by Mayor John Marchand at 7:00 pm, held in person at 1016 S. Livermore Avenue and YouTube.
RO
LL CALL – Present: Mayor John Marchand, Vice Mayor Brittni Kiick and Council Members Ben Barrientos, Evan Branning and Robert W. Carling.
P
LEDGE OF ALLEGIANCE
RE
PORT OF ACTION TAKEN IN CLOSED SESSION
C
ity Attorney Jason Alcala said there was no reportable action.
M
ayor Marchand re-ordered the agenda and moved Open Forum to after Item 8.
3. PROCLAMATIONS AND PRESENTATIONS
3.1 B
eautification Committee annual update presented by Vice Chair, Mark Goralka.
M
ark Goralka, Beautification Committee Vice Chair presented the annual update. 3 .2 Presentation of the 2023 Beautification Awards.
M
ark Goralka, Beautification Committee Vice Chair presented the 2023 Beautification Awards.
3 .3 Livermore Valley Wine Heritage District annual update presented by Brandi Lombardi, Executive Director, Livermore Valley Winegrowers Association
B
randi Lombardi, Executive Director, Livermore Valley Winegrowers Association presented the Livermore Valley Wine Heritage District annual update. 4 . OPEN FORUM
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OPEN FORUM WAS MOVED BY THE MAYOR TO BE HEARD AFTER ITEM 8
5. CONSE
NT CALENDAR
Mayor
Marchand opened the public comment period.
There w
ere no speakers, and the public comment period was closed.
ON TH
E MOTION OF VICE MAYOR KIICK , SECONDED BY COUNCIL
MEMBER BRANNING AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
5.1 Approv
al of draft minutes - October 9, 2023 and October 23, 2023 Regular Meetings.
5.2 Re
solution 2023 -207 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.
5.3 Re
solution 2023 -208 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.
5.4 Re
solution 2023 -209 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.
5.5 Re
solution 2023-210 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.
5.6 Re
solution 2023 -211 accepting the Livermore Valley Wine Heritage District 2021 -2022 Annual Report and the Livermore Valley Wine Heritage District 2022-2023 Annual Report.
5.7 Re
solution 2023 -212 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.
6. PUBLI
C HEARINGS
6.1 Hea
ring t o consider amending the Livermore Municipal Code DocuSign Envelope ID: 1E0BF873-FA56-483B-9131-C7644B8AED10 CM/75/282 Minutes NOVEMBER 27, 2023
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.
Rec
ommendation: Staff recommended 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.
Pri
ncipal Planner, Steve Riley, presented the staff report.
Mayo
r Marchand opened the public hearing.
There w
ere no speakers, and the hearing was closed.
ON TH
E MOTION OF COUNCIL MEMBER BARRIENTOS , SECONDED BY
VICE MAYOR KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL
ADOPTED THE FOLLOWING RESOLUTIONS AND INTRODUCED THE
FOLLOWING ORDINANCES:
Res
olution 2023-213 Finding the project is exempt from the California Environmental Quality Act.
Ordi
nance introduced 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.
7. MATT
ERS FOR CONSIDERATION
7.1 Res
olution 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.
Rec
ommendation: Staff recommended 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.
Ass
istant Planner, Jennifer Ackerman presented the staff report.
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Mayor Marchand opened the public comment period.
There w
ere no speakers, and the public comment period was closed.
ON TH
E MOTION OF COUNCIL MEMBER CARLING , SECONDED BY VICE
MAYOR KIICK AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL
ADOPTED THE FOLLOWING RESOLUTIONS AND INTRODUCED THE
FOLLOWING ORDINANCES:
Res
olution 2023-214 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.…
8. COUNCIL
COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
THE M
AYOR 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 SUMMARY IN THE SUPPLEMENTAL PACKET ARE INCLUDED BELOW.
Deacon
Daves Casa Del Pomba House of the Dove Christmas
Extravaganza, Friday, December 1, 2023, at 6:30 pm , Mayor Marchand noted the upcoming event.
Holi
day Lights and Sound Parade , Saturday, December 2, 2023, at 6:00 pm , Mayor Marchand noted the upcoming event.
4. OPEN F
ORUM
Mayor
Marchand opened the public comment period.
Nancy K
remer, provided a comment.
Dav
id McGuigan, provided a comment.
Saundr
a Lormond, provided a comment.
Karen
Jefferson, provided a comment.
There w
ere no more speakers, and the public comment period was closed.
9. ADJOURNM
ENT – at 7:58 pm 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.
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APPROVED:
JOHN P . MARCHAND, MAYOR
ATTEST:
MARI E WEBER, DEPUTY CITY MANAGER/CITY CLERK
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