CITY COUNCIL
AGENDA
MONDAY, JANUARY 22, 2024
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
January 22, 2024
1. CLOSED SESSION - NONE.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Library Board of Trustees annual update presented by Chair Richard Hunt.
Recommendation:
Staff recommends the City Council accept the Library Board of Trustees annual update.
Staff Report
3.2 Citywide Strategic Plan Annual Update presented by Stephanie Egidio, Assistant to the City Manager.
Recommendation:
Staff recommends the City Council receive an update on the 2023-28 Citywide Strategic Plan.
Staff Report
Attachments:
1. Strategic Plan Annual Update 2023
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 Brittni Kiick
Vice Mayor Robert W. Carling
Mayor John Marchand
PLEDGE OF ALLEGIANCE
Livermore City Council Agenda
January 22, 2024
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 - January 8, 2024 Regular Meeting.
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. Draft 2024-01-08
5.2 Resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the 2023 Storm Damage Repair (Arroyo Mocho Sites) Debris Removal Project No. S202300A, and Permanent Repair Project No.
S202300P.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and authorizing the City Manager to sign the Notice of Completion for the 2023 Storm Damage Repair (Arroyo Mocho Sites) Debris Removal Project No. S202300A, and Permanent Repair Project No. S202300P.
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - Notice of Completion
5.3 Resolution authorizing execution of an agreement with Schaaf and Wheeler Consulting Civil Engineers, in an amount not-to-exceed $681,701 with a term ending December 30, 2025, to provide design and construction support services for large trash capture devices in connection with Storm Drain Trash Capture Project 2024-25.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an engineering services agreement with Schaaf and Wheeler Consulting Civil Engineers, in an amount not-to-exceed $681,701 with a term ending December 30, 2025, to provide design and construction support services for the Storm Drain Trash Capture Project 2024-25.
Staff Report
Attachments:
1. Location Map
Livermore City Council Agenda
January 22, 2024
2. Resolution
3. Exhibit A - Agreement
5.4 Resolution authorizing a supplemental appropriation in the amount of $50,000 in FY 2023-24 and awarding an agreement with GradeTech, Inc. in an amount not-to-exceed $394,216, for a duration not-to-exceed 60 working days, for the construction of the Montage Trail Connection to Collier Canyon Road Project 2019-44.
Recommendation:
Staff recommends the City Council adopt a resolution for the Montage Trail Connection to Collier Canyon Road Project 2019-44:
1 .
Authorizing a supplemental appropriation of Fund 651 (Gas Tax – SB1) in the amount of $50,000 in FY 2023-24;
2 .
Awarding a construction contract to GradeTech, Inc. in an amount not-to-exceed $394,216, and authorizing the City Manager to sign the agreement attached as Exhibit A to the resolution;
3 .
Rejecting all other bids or proposals; and
4 .
Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution including approving minor changes to the proposed agreement.
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - Agreement
5.5 Resolution authorizing execution of an Affordable Housing Loan Agreement, Affordable Housing Regulatory Agreement, and Declaration of Restrictive Covenants and related documents with Tri-Valley REACH, Inc. for rehabilitation of an affordable shared home located at 772 Camden Common.
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Authorizing a loan to Tri-Valley REACH, Inc. in the amount of $116,796 from State Permanent Local Housing Allocation (PLHA) to assist with the rehabilitation of 772 Camden Common; and
2 .
Authorizing the City Manager, or her designee, to execute the Affordable Housing Loan Agreement, attached as Exhibit A to the Resolution and the Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants, attached as Exhibit B to the Resolution, between the City of Livermore and Tri-Valley REACH, Inc. for 772 Camden Common and all other related documents authorized and described in those agreements.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Affordable Loan Agreement
Livermore City Council Agenda
January 22, 2024
3. Exhibit B - Affordable Housing Regulatory Agreement
5.6 Resolution authorizing the execution of a first amendment to the agreement with Gary D.
Nelson Associates, Inc., dba Nelson Connects for temporary accounting services increasing the total compensation by $110,000 for a total not-to-exceed amount of $200,000, extending the term of the agreement through July 2024.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the execution of a first amendment to the agreement with Gary D. Nelson Associates, Inc., dba Nelson Connects for temporary accounting services increasing the total compensation by $110,000 for a total not- to-exceed amount of $200,000, extending the term of the agreement through July 2024.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - First Amendment
5.7 Resolution accepting the Annual Comprehensive Financial Report (ACFR) and Other Audit Reports for the Fiscal Year ended June 30, 2023.
Recommendation:
Staff recommends the City Council adopt a resolution accepting the following reports for Fiscal Year 2022-23 as completed:
Annual Comprehensive Financial Report, and ratify and approve the audited financial statements presented therein in accordance with Government Code §37208; Alameda County Transportation Commission Measure B Program Financial Statements;
Alameda County Transportation Commission Measure BB Program Financial Statements;
Alameda County Transportation Commission Vehicle Registration Fee (VRF) Measure F Program Financial Statements;
Agreed Upon Procedures for Compliance with the Proposition 111 2022-23 Appropriations Limit Increment;
Memorandum of Internal Control; and
Required Communications.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Annual Comprehensive Financial Report
3. Exhibit B - ACTC Measure B Funds Financial Statements
4. Exhibit C - ACTC Measure BB Funds Financial Statements
5. Exhibit D - ACTC Vehicle Registration Fee Program (VRF) Financial Statements
6. Exhibit E - Independent Accountant's Report on Applying Agreed Upon Procedures Related to the Article XIII-B Appropriations Limit Calculation
7. Exhibit F - Independent Auditor's Report on Internal Control Over Financial Reporting and
Livermore City Council Agenda
January 22, 2024
on Compliance and Other Matters
8. Exhibit G - Required Communications
5.8 Update on Host Community Impact Fee Reserve Policy.
Recommendation:
Staff recommends City Council receive the update.
Staff Report
Attachments:
1. Host Community Impact Fee Report
2. Fund Balance Projection
5.9 Resolution amending the City of Livermore Compensation Policy to reflect best practices.
Recommendation:
Staff recommends the City Council adopt a resolution amending the City of Livermore Compensation Policy to reflect best practices.
Staff Report
Attachments:
1. Redlined Compensation Policy
2. Resolution
3. Exhibit A - Compensation Policy
5.10 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
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 Public hearing, landowner election, declaration of results, and actions related to formation of Community Facilities District No. 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 in connection with the proposed formation of Community Facilities District No. 2023-2:
Livermore City Council Agenda
January 22, 2024
1 .
Conduct the public hearing and consider written and oral protests; 2 .
Adopt the resolution of formation of a Community Facilities District; 3 .
Adopt a resolution calling a special landowner election for a community facilities district, and direct the City Clerk to complete the landowner elections; 4 .
Adopt a resolution declaring the results of the special landowner election and, if the election is successful, direct recording of Notice of Special Tax Lien; and 5 .
Introduce an ordinance
levying special taxes within the CFD.
Staff Report
Attachments:
1. Resolution of Formation
2. Exhibit A - Description of Services
3. Exhibit B - Rate and Method of Apportionment
4. Resolution Calling for Election
5. Exhibit A - Full Text of Ballot Measures
6. Exhibit B - Abbreviated Ballot Measures
7. Exhibit C - Official Ballot
8. Resolution Declaring Results
9. Exhibit A - Canvass and Statement of Result of Election
10. Ordinance
7. MATTERS FOR CONSIDERATION - 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).
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, February 12, 2024 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.
10. SUPPLEMENTAL MATERIALS
10.1 Supplemental materials received prior to the meeting.
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
January 22, 2024
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
January 22, 2024
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
January 22, 2024