DECEMBER 11, 2023 Minutes CM/75/285
MINUTES
CITY
COUNCIL
DECEMBER 11, 2023
________________________________________________________________ REGUL
AR MEETING
1. CLO
SED SESSION - NONE
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.
ROLL
CALL – Present: Mayor John Marchand, Vice Mayor Brittni Kiick and Council Members, Evan Branning and Robert W. Carling.
Abs
ent: Council Member Barrientos
PLE
DGE OF ALLEGIANCE
3. P RO
CLAMATIONS AND PRESENTATIONS
3.1 Live
rmore Valley Arts annual update presented by Chris Carter, Executive Director, Livermore Valley Arts.
Chris Carter, Executive Director, Livermore Valley Arts presented the annual update.
3.2 Community Asset Management Program (CAMP) Outreach
Committee Final update presented by Uyiosa Oviawe, Senior Management Analyst.
Judy E
rlandson, Acting Public Works Director, presented the final update.
3.3 ** This item was added to the agenda by the Mayor in accordance with the City Council Rules of Procedure** Presentation of a plaque to Christine Martin for her retirement as Assistant City Manager.
Mayor
Marchand presented the plaque to Christine Martin, Assistant City Manager.
4. OPEN
FORUM
Mayo
r Marchand opened the public comment period.
DocuSign Envelope ID: 2D53189C-CB7F-4016-A476-646B37F2DB8D CM/75/286 Minutes DECEMBER 11, 2023
Greg Scott, provided a comment.
M
arc Roberts, provided a comment.
J
ohn Stein, provided a comment.
T
here were no more speakers and the public comment period was closed. 5 . CONSENT CALENDAR
Ma
yor Marchand opened the public comment period.
T
here were no speakers and the public comment period was closed.
O
N THE MOTION OF COUNCIL MEMBER CARLING , SECONDED BY VICE MAYOR KIICK AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
5.1 Approval of draft minutes - November 13, 2023 and November 27, 2023 Regular Meetings.
5 .2 Adoption of O rdinance 2152 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.
5 .3 Resolution 2023 -215 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.
5 .4 Resolution 2023 -216 authorizing a third amendment to the Exclusive Negotiating Rights Agreement between the City of Livermore and Livermore Petroleum LLC.
5 .5 Resolution 2023 -217 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.
5 .6 Resolution 2023 -218 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. 5 .7 Resolution 2023 -219 authorizing the acceptance for permanent maintenance, release of security bonds, and execution of a Notice of Completion DocuSign Envelope ID: 2D53189C-CB7F-4016-A476-646B37F2DB8D DECEMBER 11, 2023 Minutes CM/75/287
for the Trevarno Road Sanitary Sewer and Water Improvements Project 2019-60, located along Trevarno Road at First Street.
5 .8 Resolution 2023-220 amending the City of Livermore Salary Plan dated January 2024 to reflect adjustments to the Unclassified and Hourly Salary Schedule to implement i ncreased 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.
5 .9 Resolution 2023 -221 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.
5. 10 Resolution 2023 -222 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).
5. 11 Resolution 2023 -223 of continued local emergency in response to impacts from a series of severe storm events earlier this year. 6 . PUBLIC HEARINGS – NONE
7 . MATTERS FOR CONSIDERATION
T
he Mayor reordered the agenda, moving Item 7.3 moved after Item 7.5.
7.1 R
esolution amending the Livermore Airport Minimum Standards for Commercial Aeronautical Activities to require the provision of Unleaded Aviation Fuel by the Fixed Base Operator (FBO).
R
ecommendation: Staff recommended 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.
A
cting Airport Manager, Benny Stuth presented the staff report.
Ma
yor Marchand opened the public comment period.
Fe
licia Ziomek, provided a comment.
D
on Milanese, provided a comment.
S
hirley Lewandowski, provided a comment.
DocuSign Envelope ID: 2D53189C-CB7F-4016-A476-646B37F2DB8D CM/75/288 Minutes DECEMBER 11, 2023
John St
ein, provided a comment.
Donna C
abanne, provided a comment.
Pet
e Sandhu, provided a comment.
There w
ere no more speakers and the public comment period was closed.
ON TH
E MOTION OF COUNCIL MEMBER BRANNING , SECONDED BY VICE
MAYOR KIICK AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL
ADOPTED THE FOLLOWING RESOLUTION WITH THE REQUIREMENT THAT ADDITIONAL FUEL TYPES BE ADDED TO THE STANDARDS:
Res
olution 2023-224 amending the Livermore Airport Minimum Standards for Commercial Aeronautical Activities to require the provision of Unleaded Aviation Fuel by the Fixed Base Operator (FBO).
7.2 Dis
cussion and direction regarding the City Council Subcommittee for Advisory Body Review's recommendation regarding changes to City advisory bodies.
Rec
ommendation: Staff and the City Council Subcommittee recommended 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.
Ass
istant City Clerk, Debbie Elam presented the staff report.
Mayo
r Marchand opened the public comment period.
Tani
a Panarello, provided a comment.
Jeff K
askey, provided a comment.
Gre
g Scott, provided a comment.
Karen
Jefferson, provided a comment.
Saundr
a Lormand, provided a comment.
Mary P
erner, provided a comment.
There w
ere no more speakers, and the public comment period was closed.
ON THE
MOTION OF VICE MAYOR KIICK TO APPROVE THE
SUBCOMMITTEE’S RECOMMENDATION WITH THE EXCEPTION OF
SUNSETTING THE BEAUTIFICAITON COMMITTEE AND THE HISTORIC DocuSign Envelope ID: 2D53189C-CB7F-4016-A476-646B37F2DB8D DECEMBER 11, 2023 Minutes CM/75/289
PRESERVATION COMMISSION WHICH WOULD BE CONTINUED TO A
LATER DATE. THE MOTION DIED DUE TO THE LACK OF A SECOND.
ON THE
MOTION OF COUNCIL MEMBER BRANNING , SECONDED BY VICE
MAYOR KIICK, TO APPROVE THE SUBCOMMITTEE’S RECOMMENDATION, AND ON A 2-2 VOTE THE MOTION DIED.
ON THE
MOTION OF COUNCIL MEMBER BRANNING , SECONDED BY VICE
MAYOR KIICK, TO APPROVE THE SUBCOMMITTEE’S RECOMMENDATION
WITH THE EXCEPTION OF SUNSETTING THE BEAUTIFICATION
COMMITTEE AND THE HISTORIC PRESERVATION COMMISSION AND ON A 2-2 VOTE, THE MOTION DIED.
ON TH
E MOTION OF MAYOR MARCHAND, SECONDED BY COUNCIL
MEMBER CARLING AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE SUBCOMMITTEE’S RECOMMENDATION WITH THE
EXCEPTION OF SUNSETTING THE BEAUTIFICATION COMMITTEE ,
SUNSETTING THE HISTORIC PRESERVATION COMMISISON, AND
CHANGING THE MAKEUP OF THE AIRPORT COMMISSION.
CITY
COUNCIL DIRECTED STAFF TO BRING BACK REVISED OBJECTIVES
FOR THE BEAUTIFICATION COMMITTEE AND THE HISTORIC
PRESERVATION COMMISISON TO A FUTURE MEETING.
ITEM
7.3 WAS MOVED AFTER ITEM 7.5.
7.4 Counc
il Members Appointments to Intergovernmental Agencies.
Rec
ommendation: Staff recommended the Mayor appoint Council Members to Intergovernmental Agencies, with the City Council's approval.
Mayor
Marchand opened the public comment period.
There w
ere no speakers, and the public comment period was closed.
ON THE
MOTION OF COUNCIL MEMBER BRANNING , SECONDED BY VICE
MAYOR KIICK, AND CARRIED ON A 4- 0 VOTE, THE CITY COUNCIL
APPROVED THE APPOINTMENTS TO INTERGOVERNMEN TAL AGENCIES WITH NO CHANGES.
7.5 Appoi
ntment of Council Members to the City Council Subcommittee on Advisory Bodies for the period of January 1 - June 30, 2024.
Rec
ommendation: Staff recommended 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.
Mayor
Marchand opened the public comment period.
DocuSign Envelope ID: 2D53189C-CB7F-4016-A476-646B37F2DB8D CM/75/290 Minutes DECEMBER 11, 2023
There were no speakers, and the public comment period was closed.
ON TH
E MOTION OF COUNCIL MEMBER BRANNING , SECONDED BY VICE
MAYOR KIICK, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL
APPROVED THE APPOIN TMENTS OF COUNCIL MEMBER BARRIENTOS AND VICE MAYOR KIICK TO THE SUBCOMMITTEE ON ADVISORY BODIES.
7.3 Appointment of Vice Mayor for the period of 2023-2024.
Rec
ommendation: Staff recommended the City Council appoint a Vice Mayor for the period of 2023-2024.
Mayor
Marchand presented Vice Mayor Kiick a plaque as the outgoing Vice Mayor.
Mayor
Marchand opened the public comment period.
There w
ere no speakers, and the public comment period was closed.
ON THE
MOTION OF MAYOR MARCHAND, SECONDED BY COUNCIL
MEMBER BRANNING AND CARRIED ON A 4- 0 VOTE, THE CITY COUNCIL APPOINTED COUNCIL MEMBER CARLING TO VICE MAYOR.
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.
Chabad of
the Tri -Valley Menorah Lighting Mayor Marchand and Vice Mayor Carling noted their attendance at the event on December 9, 2023.
Stop
waste.org Vice Mayor Carling noted applications for grant funding related to food waste close January 17, 2024.
Live
rmore Downtown Inc. Holiday Sights and Sounds Parade Mayor Marchand and Council Member Kiick noted their attendance at the event on December 2, 2023.
Eagl
e Initiative 2030 City Council directed staff to review the Eagle Init iative 2030 and add a statement of support into an appropriate city document, noting either the Climate Action Plan or the Development Agreement as possible options.
Visit
California Mayor Marchand noted the City was voted one of t he most holiday spirited cities in the Bay Area.
DocuSign Envelope ID: 2D53189C-CB7F-4016-A476-646B37F2DB8D DECEMBER 11, 2023 Minutes CM/75/291
9. ADJO
URNMENT – at 9:47 pm 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.
APPROVED:
JOHN P . MARCHAND, MAYOR
ATTEST: ______ ______________
MARI E WEBER, DEPUTY CITY MANAGER/CITY CLERK
DocuSign Envelope ID: 2D53189C-CB7F-4016-A476-646B37F2DB8D