MARCH 25, 2024 Minutes CM/75/312
CITY COUNCIL
MARCH 25, 2024
________________________________________________________________
REGULAR MEETING
1. CLOSED SESSION – NONE.
2. CALL TO ORDER – The 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 Robert W. Carling, and Council Members, Ben Barrientos, Evan Branning and, Brittni Kiick.
PLEDGE OF ALLEGIANCE
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.
Historic Preservation Commission
Appointment to a regular term ending May 1, 2028
• Fred Cullum
Appointment to an unexpired and regular term ending May 1, 2028. • Neal Pann
Alameda County Mosquito Abatement District Board of Trustees Appointment to an unexpired term ending January 1, 2027. • Maya Manoharan
Commission for the Arts
Appointment to an unexpired term ending January 1, 2025 • Thomasin Dewhurst
Livermore Airport Commission (Pilot)
Appointment to an unexpired term ending November 1, 2027. • David Farley
Library Board of Trustees 1 Vacancy
Reappointment to a regular term ending June 1, 2027
• Richard Hunt
DocuSign Envelope ID: 4F2F499D-A12B-4D1C-8595-42276B2714CE CM/75/313 Minutes MARCH 25, 2024
Beautification Committee
Appointment to regular terms ending June 1, 2028
• Kat Weiss
• Ann Brown
Appointment to an unexpired term ending June 1, 2027
• Andrew Wang
Appointments to unexpired and regular term ending June 1, 2028 • Ron Kraft
• Tom Bradley
City Historian
Appointment to an unexpired term ending February 1, 2026 • Alan Frank
ON THE MOTION OF VICE MAYOR CARLING AND, SECONDED BY COUNCIL MEMBER KIICK AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS.
Acting City Clerk Debbie Elam administered the oath of office.
3.2 Proclamation declaring March 2024 as March for Meals (#SaveLunch) Month, presented to Carrie Oldes, Spectrum's Meals on Wheels program manager.
Mayor Marchand presented a proclamation to Carrie Oldes, Spectrum's Meals on Wheels program manager declaring March 2024 as March for Meals (#SaveLunch) Month.
4. OPEN FORUM
Mayor Marchand opened the public comment period.
David McGuigan, provided a comment.
Donna Cabanne, provided a comment.
Eli Robles, provided a comment.
Marti Sutton, provided a comment.
There were no more speakers, and the public comment period was closed.
5. CONSENT CALENDAR
Mayor Marchand opened the public comment period.
There were no speakers, and the public comment period was closed.
ON THE MOTION OF COUNCIL MEMBER BRANNING, SECONDED BY
COUNCIL MEMBER KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL DocuSign Envelope ID: 4F2F499D-A12B-4D1C-8595-42276B2714CE MARCH 25, 2024 Minutes CM/75/314
APPROVED THE CONSENT CALENDAR.
5.1 Approval of draft minutes – March 11, 2024, Regular Meeting.
5.2 Resolution 2024-035 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.
5.3 Resolution 2024-036 authorizing execution of an agreement with the Alameda County Flood Control and Water Conservation District, Zone 7 for participation in the 2022 Urban Community Drought Relief Local Projects Grant Program.
5.4 Resolution 2024-037 authorizing executi on 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.
5.5 Resolution 2024-038 authorizing execution of a first amendment to the Airport Restaurant Lease Agreement with SAAB13, LLC.
5.6 Resolution 2024-039 approving the 2024 City of Livermore State and Federal Legislative Platform.
6. PUBLIC HEARINGS
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 recommended the City Council adopt a resolution accepting the 2023 General Plan Housing Element Annual Progress Report.
Assistant Planner Shannon Pagan presented the staff report.
Mayor Marchand opened the public hearing.
There were no speakers, and the hearing was closed.
ON THE MOTION OF COUNCIL MEMBER KIICK, SECONDED BY VICE MAYOR CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2024-040 accepting the 2023 General Plan Housing Element 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 DocuSign Envelope ID: 4F2F499D-A12B-4D1C-8595-42276B2714CE CM/75/315 Minutes MARCH 25, 2024
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 recommended 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 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.
Housing Administrative Technician Natalia Galina presented the staff report.
Mayor Marchand opened the public hearing.
Margaretann Fortner, provided a comment.
Karl Wente, provided a comment.
There were no more speakers, and the hearing was closed.
ON THE MOTION OF COUNCIL MEMBER BRANNING, SECONDED BY
COUNCIL MEMBER BARRIENTOS AND CARRIED ON A 5 -0 VOTE, THE CITY
COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS
Resolution 2024-041 authorizing the application and mending the PLHA Plan for the Permanent Local housing Allocation Program.
Resolution 2024-042 adopting the Permanent Local Housing Allocation Program (PLHA) Plan Amendment and authorizing execution of an agreement to receive funding from PLHA in an amount not -to-exceed $1,251,240 and authorizing the execution of grant agreement between the City of Livermore and subgrantees to appropriate these funds.
6.3 Hearing to consider a request for an Annexation/Prezoning, Pre - DocuSign Envelope ID: 4F2F499D-A12B-4D1C-8595-42276B2714CE MARCH 25, 2024 Minutes CM/75/316
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 recommended 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.
Senior Planner Ashley Vera presented the staff report.
Mayor Marchand opened the public hearing.
Weng Tam, provided a comment.
Nigel Cowan, provided a comment.
Robert Downs, provided a comment.
Tyler Rost, provided a comment.
Tim Cooper, provided a comment.
Brandon Evans, provided a comment.
Jesus Mendoza, provided a comment.
There were no more speakers, and the hearing was closed.
DocuSign Envelope ID: 4F2F499D-A12B-4D1C-8595-42276B2714CE CM/75/317 Minutes MARCH 25, 2024
ON THE MOTION OF VICE MAYOR CARLING AND SECONDED BY COUNCIL MEMBER KIICK A ND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL
ADOPTED THE FOLLOWING RESOLUTION AND INTRODUCED THE
FOLLOWING ORDINANCES
Resolution 2024 -043 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.
Resolution 2024-044 approving General Plan Amendment (GPA) 21-001, Vesting Tentative Parcel Map (SUB) 21-008, Vesting Tentative Parcel Tract Map (SUB) 21-009, S ite Plan Design Review (SPDR) 21 -008, subject to the conditions of approval, for the SMP 39/SMP 40 Project.
Resolution 2024 -045 authorizing submittal of an application to the Alameda County Local Agency Formation Commission to request initiation of sphere of influence amendment and annexation proceedings and authorizing the exchange of property tax revenue and execution of the transfer of property tax revenues agreement for the SMP 39/SMP 40 Project.
Ordinance introduced adopting annexation/pre-zoning (APZ) 21 -003, Planned Development - Industrial (PD -I) 22-001, Development Code Amendment (DCA) 21-005, and Zoning Map Amendment (ZMA) 21-002 of the Cit of Livermore for the SMP39/SMP 40 Project.
Ordinance introduced approving a Development Agreement with Livermore Industrial Partners 39, LLC and SMP-39, LLC for the SMP39/SMP 40 Project.
Ordinance introduced approving a Development Agreement with Livermore Industrial Partners 40, LLC and SMP-40, LLC for the SMP39/SMP 40 Project.
7. MATTERS FOR CONSIDERATION – NONE.
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
THE MAYOR 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.
City Council requested that the grape stake fence on Holmes Street between El Caminito and Catalina Drive be replaced.
9. ADJOURNMENT – at 9:28 pm 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.
DocuSign Envelope ID: 4F2F499D-A12B-4D1C-8595-42276B2714CE MARCH 25, 2024 Minutes CM/75/318
APPROVED:
JOHN P. MARCHAND, MAYOR
ATTEST: ___
DEBORAH L. ELAM, ACTING CITY CLERK
DocuSign Envelope ID: 4F2F499D-A12B-4D1C-8595-42276B2714CE