CITY COUNCIL
AGENDA
MONDAY, DECEMBER 11, 2023
REGULAR MEETING –
7:00 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
Robert W Carling, Vice Mayor
Ben
Barrientos, Council Member
Evan Branning, Council Member
Brittni Kiick, Council Member
Livermore City Council Agenda
December 11, 2023
1. CLOSED SESSION - NONE.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Livermore Valley Arts annual update presented by Chris Carter, Executive Director, Livermore Valley Arts.
Recommendation:
Staff recommends the City Council receive the Livermore Valley Arts annual update presentation.
Staff Report
3.2 Community Asset Management Program (CAMP) Outreach Committee Final update presented by Uyiosa Oviawe, Senior Management Analyst.
Recommendation:
Staff recommends City Council receive the final update on the Community Asset Management Program (CAMP) Outreach Committee.
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
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
Livermore City Council Agenda
December 11, 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 draft minutes - November 13, 2023 and November 27, 2023 Regular Meetings.
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. DRAFT 2023-11-13
2. DRAFT 2023-11-27
5.2 Adoption of an ordinance 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 the City Council
adopt
an ordinance
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. Ordinance
5.3 Resolution approving a supplemental appropriation of $390,000 from Traffic Impact Fees to Fiscal Year 2023-24 and authorizing the City Manager to execute a first amendment to the agreement with Quincy Engineering increasing the not-to-exceed contract amount from $694,000 to $1,074,000 and extending the term of the agreement to June 30, 2026, for additional right-of-way close out services associated with Isabel Avenue/I-580 Interchange Project 1992-38.
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Approving a supplemental appropriation of $390,000 from Traffic Impact Fees to the Fiscal Year 2023-24 budget for the Isabel Avenue/I-580 Interchange Project 1992-38; and
2 .
Authorizing the City Manager to execute a first amendment to the agreement with Quincy Engineering for Isabel Avenue/I-580 Interchange Project 1992-38, accepting the name change of Quincy Engineering to Consor North America, Inc., increasing the not- to-exceed agreement amount by $380,000 from $694,000 to $1,074,000, and extending
Livermore City Council Agenda
December 11, 2023
the term of the agreement to June 30, 2026.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - First Amendment to Engineering Services Agreement
5.4 Resolution authorizing a third amendment to the Exclusive Negotiating Rights Agreement between the City of Livermore and Livermore Petroleum LLC.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a third amendment to the Exclusive Negotiating Rights Agreement between the City of Livermore and Livermore Petroleum LLC extending the term twelve months.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Third Amendment
5.5 Resolution of Intention to form Community Facilities District 2023-2 (Arroyo Vista Maintenance and Services) located on the east and west side of the Arroyo Seco Channel along Las Positas Road pursuant to the Mello-Roos Community Facilities Act of 1982.
Recommendation:
Staff recommends the City Council take the following actions:
1 .
Accept the petition from the property owner requesting initiation of formation of City of Livermore Community Facilities District No. 2023-2 (Arroyo Vista Maintenance and Services) (the "CFD") located on the east and west side of the Arroyo Seco Channel along Las Positas Road to finance certain ongoing maintenance services, and waiving the otherwise-applicable election time periods; and
2 .
Adopt a resolution of intention to form the CFD and call for a public hearing on January 22, 2024, to consider formation of the CFD.
Staff Report
Attachments:
1. CFD 2023-2 (Arroyo Vista Maintenance and Services)-Boundary Map
2. Landowner Petition
3. Resolution
4. Exhibit A - Description of Services
5. Exhibit B - Rate and Method of Apportionment for Special Tax
5.6 Resolution recommending the Livermore Local Roadway Safety Plan is exempt from the provisions of the California Environmental Quality Act and approving the Livermore Local Roadway Safety Plan.
Recommendation:
Staff recommends the City Council adopt a resolution:
Livermore City Council Agenda
December 11, 2023
Recommend the Livermore Local Roadway Safety Plan is exempt from the provisions of the California Environmental Quality Act;
Approving the Livermore Local Roadway Safety Plan; and
Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.
Staff Report
Attachments:
1. High Injury Network
2. Project List
3. Resolution
4. Exhibit A - Local Roadway Safety Plan
5.7 Resolution authorizing the acceptance for permanent maintenance, release of security bonds, and execution of a Notice of Completion for the Trevarno Road Sanitary Sewer and Water Improvements Project 2019-60, located along Trevarno Road at First Street.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the Trevarno Road Sanitary Sewer and Water Improvements Project 2019-60, located along Trevarno Road at First Street, and authorizing the City Manager to sign the Notice of Completion.
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - Notice of Completion
5.8 Resolution amending the City of Livermore Salary Plan dated January 2024 to reflect adjustments to the Unclassified and Hourly Salary Schedule to implement increased minimum wage in accordance with California Code of Regulations, Title 2, Section 570.5 and adding 1.0 FTE
Public Works Supervisor
to the Budgeted Personnel Allocations.
Recommendation:
Staff recommends the City Council adopt a resolution amending the City of Livermore Salary Plan dated January 2024 to reflect increased minimum wage adjustments to the Unclassified and Hourly Salary Schedule and adding 1.0 FTE
Public Works Supervisor
to the Budgeted
Personnel Allocations.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - January 2024 Salary Plan
5.9 Resolution making findings regarding the continuing need for unexpended balances of Development Impact Fees as of June 30, 2023, and accepting the Annual Report of Development Fee and Connection Fee Revenues and Expenditures for Fiscal Year 2022-23.
Livermore City Council Agenda
December 11, 2023
Recommendation:
Staff recommends the City Council adopt a resolution making findings regarding the continuing need for unexpended balances of Development Impact Fees as of June 30, 2023 and accepting the Annual Report of Development Fee and Connection Fee Revenues and Expenditures for Fiscal Year 2022-23.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Annual Report
5.10 Resolution accepting annual special tax and bond accountability reports for Fiscal Year 2022- 23 Community Facilities District No. 99-1 (Tri-Valley Technology Park), 2009-1 (El Charro), 2012-1 (El Charro Maintenance), 2015-1 (Brisa Maintenance), 2016-1 (Sage Maintenance), 2016-2 (Shea Properties), 2018-1 (Auburn Grove), and 2021-1 (Maintenance and Public Services).
Recommendation:
Staff recommends the City Council adopt a resolution accepting annual special tax and bond accountability reports for Fiscal Year 2022-23 Community Facilities District No. 99-1 (Tri- Valley Technology Park), 2009-1 (El Charro), 2012-1 (El Charro Maintenance), 2015-1 (Brisa Maintenance), 2016-1 (Sage Maintenance), 2016-2 (Shea Properties), 2018-1 (Auburn Grove), and 2021-1 (Maintenance and Public Services).
Staff Report
Attachments:
1. Resolution
2. Exhibit A - STBAR CFD 99-1 Tri-Valley
3. Exhibit B - STBAR 2009-1 El Charro
4. Exhibit C - STBAR CFD 2012-1 El Charro
5. Exhibit D - STBAR CFD 2015-1 Brisa
6. Exhibit E - STBAR CFD 2016-1 Sage
7. Exhibit F - STBAR CFD 2016-2 Shea Properties
8. Exhibit G - STBAR CFD 2018-1 Auburn Grove
9. Exhibit H - STBAR CFD 2021-1 Maintenance and Public Services
5.11 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
Livermore City Council Agenda
December 11, 2023
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 Resolution amending the Livermore Airport Minimum Standards for Commercial Aeronautical Activities to require the provision of Unleaded Aviation Fuel by the Fixed Base Operator (FBO).
Recommendation:
Staff recommends the City Council adopt the resolution amending the Airport Minimum Standards for Commercial Aeronautical Activities, to require the provision of unleaded aviation fuel by the Fixed Base Operator (FBO) within twenty-four months. In the event the Fixed Base Operator cannot comply within twenty-four months, the City may grant extensions as appropriate.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - LVK Minimum Standards Update Unleaded Fuel
7.2 Discussion and direction regarding the City Council Subcommittee for Advisory Body Review's recommendation regarding changes to City advisory bodies.
Recommendation:
Staff and the City Council Subcommittee recommend the City Council review the Subcommittee's recommendations regarding changes to City advisory bodies, and direct staff to bring back ordinances amending the Livermore Municipal Code and the Development Code at a future City Council meeting.
Staff Report
Attachments:
1. Redlined Airport Commission Rules of Procedure
2. Redlined Beautification Committee Rules of Procedure
3. Redlined Commission for the Arts Rules of Procedure
4. Redlined Historic Preservation Commission Rules of Procedure
5. Redlined Human Services Commission Rules of Procedure
6. Redlined Livermore Area Youth Advisory Commission Rules of Procedure
7. Redlined Library Board of Trustees Rules of Procedure
8. Redlined Livermore Housing Authority Rules of Procedure
9. Redlined Planning Commission Rules of Procedure
7.3 Appointment of Vice Mayor for the period of 2023-2024.
Livermore City Council Agenda
December 11, 2023
Recommendation:
Staff recommends the City Council appoint a Vice Mayor for the period of 2023-2024.
Staff Report
7.4 Council Members Appointments to Intergovernmental Agencies.
Recommendation:
Staff recommends the Mayor appoint Council Members to Intergovernmental Agencies, with the City Council's approval.
Staff Report
Attachments:
1. Current Intergovernmental Agencies Appointments
7.5 Appointment of Council Members to the City Council Subcommittee on Advisory Bodies for the period of January 1 - June 30, 2024.
Recommendation:
Staff recommends the Mayor appoint two Council Members to serve on the City Council Subcommittee on Advisory Bodies for the period of January 1 - June 30, 2024, with the City Council's approval.
Staff Report
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, January 8, 2024 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
December 11, 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
December 11, 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
December 11, 2023