CITY COUNCIL
AGENDA
MONDAY, MARCH 25, 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
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
March 25, 2024
1. CLOSED SESSION - NONE.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Confirm Advisory Body appointments to the Airport Commission, the Alameda County Mosquito Abatement District Board of Trustees, Beautification Committee, Commission for the Arts, Historic Preservation Commission, Library Board of Trustees, and City Historian, and direct the City Clerk to administer the oath of office.
Recommendation:
The City Council Subcommittee on Advisory Bodies recommends the City Council confirm the advisory body appointments to the Airport Commission, the Alameda County Mosquito Abatement District Board of Trustees, Beautification Committee, Commission for the Arts, Historic Preservation Commission, and the Library Board of Trustees and direct the City Clerk to administer the oath of office.
The Historic Preservation Commission recommends the City Council appoint Alan Frank as the City Historian.
Staff Report
3.2 Proclamation declaring March 2024 as March for Meals (#SaveLunch) Month, presented to Carrie Oldes,
Spectrum's Meals on Wheels program manager.
Recommendation:
Staff recommends City Council declare March 2024 March for Meals (#SaveLunch) Month.
Staff Report
Attachments:
1. Proclamation
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
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
March 25, 2024
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 - March 11, 2024 Regular Meeting.
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. DRAFT 2024-03-11
5.2 Resolution authorizing the execution of an agreement with Roofing Constructors, Inc. dba Western Roofing Services, a subsidiary of TectaAmerica to provide annual and semi-annual roof inspections, preventative maintenance, gutter cleaning and roof repair services for City owned buildings in an amount not-to-exceed $700,000 for a three-year term ending March 31, 2027.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the execution of a three- year agreement with Roofing Constructors, Inc. dba Western Roofing Services, a subsidiary of TectaAmerica to provide annual and semi-annual roof inspections, preventative maintenance, gutter cleaning and roof repair services for City owned buildings in an amount not-to-exceed $700,000 for a three-year term ending March 31, 2027.
Staff Report
Attachments:
1. TectaAmerica Proposal
2. TectaAmerica Award Letter
3. TectaAmerica 5th Year Renewal Letter 2024
4. Resolution
5. Exhibit A - Agreement
5.3 Resolution authorizing execution of an agreement with the Alameda County Flood Control and
Livermore City Council Agenda
March 25, 2024
Water Conservation District, Zone 7 for participation in the 2022 Urban Community Drought Relief Local Projects Grant Program.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with the Alameda Flood Control and Water Conservation District, Zone 7 for participation in the Urban Community Drought Relief Local Project Grant Program.
Staff Report
Attachments:
1. Award Letter
2. Resolution
3. Exhibit A - Agreement
5.4 Resolution authorizing execution of a purchase order with Belkorp Ag. LLC, for two John Deere Track Steer Loaders and associated equipment in the not-to-exceed amount of $203,260.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a purchase order with Belkorp Ag. LLC for two replacement John Deere Track Steer Loaders and associated equipment in the not-to-exceed amount of $203,260.
Staff Report
Attachments:
1. John Deere Construction Sourcewell Contract
2. Belkorp AG. LLC Quotation
3. Resolution
5.5 Resolution authorizing execution of a first amendment to the Airport Restaurant Lease Agreement with SAAB13, LLC.
Recommendation:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the first amendment to the Airport Restaurant Lease Agreement with SAAB13, LLC as agreed upon in the Settlement Agreement and Lease Amendment dated February 29, 2024.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - First Amendment
5.6 Resolution approving the 2024 City of Livermore State and Federal Legislative Platform
Recommendation:
Staff recommends the City Council adopt a resolution approving the 2024 City of Livermore State and Federal Legislative Platform.
Livermore City Council Agenda
March 25, 2024
Staff Report
Attachments:
1. Draft 2024 Legislative Platform - Redlined
2. 2024 TVC Legislative Framework
3. Resolution
4. Exhibit A - Draft 2024 Legislative Platform
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 the
Housing Element Annual Progress Report, which tracks the City’s progress towards implementing the Housing Element of the General Plan and meeting its Regional Housing Needs Allocation (RHNA), pursuant to Government Code Section 65400.
Recommendation:
Staff recommends the City Council adopt a resolution accepting the 2023 General Plan Housing Element Annual Progress Report.
Staff Report
Attachments:
1. 2024 Affordable For-Sale Prices and Rental Rates
2. 2023 Building Permit Activity Summary
3. 2023-2031 RHNA Progress
4. Resolution
5. Exhibit A - 2023 Annual Progress Report
6.2 Resolution authorizing, approving, and adopting an amended Permanent Local Housing Allocation (PLHA) program five-year plan to reallocate funds to support the shelter and housing assistance provided at Vineyard 2.0 as well as rental assistance provided by City Serve, and authorizing the City Manager to apply for PLHA funds from the State Department of Housing and Community Development in an amount not-to-exceed $1,251,240 and execute grant agreements consistent with the program activities defined in the amended PLHA 2019- 2023 plan.
Recommendation:
Staff recommends that the City Council adopt two resolutions:
1 .
Authorizing, approving, and adopting an amended PLHA Plan for 2019-2023 allocations, which is attached to the resolution as Exhibit A; 2 .
Authorizing the City Manager, or her designee, to execute the PLHA program application for the 2023 PLHA NOFA, the PLHA standard agreement, and any subsequent amendments or modifications thereto, as well as any other documents that are related to the PLHA program or the PLHA grant awarded to the City of Livermore; 3 .
Authorizing the City Manager to accept and appropriate the allocations for the amended PLHA plan if awarded in an amount not-to-exceed $1,251,240, and directing the City Manager or her designee, to sign and submit Fund Requests and all required reporting
Livermore City Council Agenda
March 25, 2024
forms and other documentation as may be required by the State of California in connection with the grant; and
4 .
Authorizing the City Manager or her designee to sign all documents related to the execution of grant agreements with subgrantees receiving allocations of funds from the CA State Housing and Community Development PLHA program, including the selection of, and contracting with, service providers in amounts exceeding $100,000, consistent with the allowable activities in the PLHA program.
Staff Report
Attachments:
1. HCD Authorizing Resolution
2. Resolution
3. Exhibit A - Amended 2019-2023 PLHA Plan
6.3 Hearing to consider a request for an Annexation/Prezoning, Pre-Annexation and Development Agreements, General Plan Amendment, Zoning Map Amendment, Development Code Amendment, Vesting Tentative Parcel Map, Vesting Tentative Tract Map, Planned Development, and Site Plan Design Review for the SMP 39 and 40 Project to zone for and develop light industrial uses near the northwest part of the City.
Recommendation:
Planning Commission and staff recommend the City Council take the following actions to authorize the future development of light industrial buildings on the SMP 39 and SMP 40 properties:
1 .
Adopt a resolution certifying the Final Environmental Impact Report for the SMP 39/SMP 40 Project and adopting California Environmental Quality Act Findings, A Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program;
2 .
Adopt a resolution approving General Plan Amendment (GPA) 21-001, Vesting Tentative Parcel Map (SUB) 21-008, Vesting Tentative Tract Map (SUB) 21-009, and Site Plan Design Review (SPDR) 21-008;
3 .
Introduce an ordinance
and waive the first reading pre-zoning the SMP 39 and SMP 40 properties to Planned Development - Industrial (PD-I) 22-001 and the Additional Annexation Only Parcels to Open Space - Floodplain (OS-F) consistent with Planned Development - Industrial (PD-I) 22-001, Zoning Map Amendment (ZMA) 21-002, and Development Code Amendment (DCA) 21-005;
4 .
Introduce an ordinance
and waive the first reading authorizing execution of Pre- Annexation and Development Agreement (DA) 21-001;
5 .
Introduce an ordinance
and waive the first reading authorizing execution of Pre- Annexation and Development Agreement (DA) 23-002; and
6 .
Adopt a resolution authorizing submittal of an application to LAFCo for a Sphere of Influence and Annexation modification consistent with Annexation and Prezoning (APZ) 21-003.
Staff Report
Attachments:
1. Staff Analysis
Livermore City Council Agenda
March 25, 2024
2. Planning Commission Staff Report
3. Planning Commission Supplemental Materials
4. Draft Planning Commission Minutes
5. Approximate Site Boundaries Map
6. Proposed Sphere of Influence Amendment Area
7. Proposed Annexation Area
8. SMP 39 Development Plans
9. SMP 40 Development Plans
10. Proposed Trail Connection Options
11. SMP 39-SMP 40 Project Environmental Documents
12. Resolution - CEQA EIR
13. Exhibit A - Planning Commission Resolution CEQA EIR
14. Exhibit B - Final EIR for the SMP 39-SMP 40 Project
15. Exhibit C - Findings Facts in Support of Findings and Statement of Overriding Considerations
16. Exhibit D - Mitigation Monitoring and Report Program for the SMP 39-SMP 40 Project
17. Exhibit E - Response to Comments Memorandum and Erratum
18. Resolution - Project Approval
19. Exhibit A - Planning Commission Resolution - Project Approval
20. Exhibit B - General Plan Amendment (GPA) 21-001
21. Exhibit C - Conditions of Approval
22. Ordinance - APZ,PD,ZMA,DCA
23. Exhibit A - Planning Commission Resolution - Project Approval
24. Exhibit B - Zoning Map Amendment (ZMA) 21-002
25. Exhibit C - Draft Planned Development Zoning
26. Ordinance - SMP 39 Development Agreement
27. Exhibit A - SMP 39 Development Agreement
28. Exhibit B - Planning Commission Resolution - Project Approval
29. Ordinance - SMP 40 Development Agreement
30. Exhibit A - SMP 40 Development Agreement
31. Exhibit B - Planning Commission Resolution - Project Approval
32. Resolution - Application to LAFCo
33. Exhibit A - Annexation Boundary Map - SMP 39
34. Exhibit B - Annexation Boundary Map - SMP 40
35. Exhibit C - SMP 39 - 40 Draft Tax Exchange Agreement
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 Special City Council meeting on April 1, 2024 at 5:00 pm and a Regular City Council meeting on Monday, April 15, 2024 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.
Livermore City Council Agenda
March 25, 2024
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:
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
Livermore City Council Agenda
March 25, 2024
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
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
March 25, 2024