APRIL 15, 2024 Minutes CM/75/319
CI
TY COUNCIL
April 15, 2024
________________________________________________________________ RE
GULAR MEETING
1. C
LOSED SESSION – NONE.
2. CAL
L 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.
RO
LL CALL – Present: Mayor John Marchand, Vice Mayor Robert W. Carling, and Council Member Evan Branning.
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bsent: Council Members Ben Barrientos and Brittni Kiick.
P
LEDGE OF ALLEGIANCE
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ayor Marchand requested a moment of silence in honor of Council Member Barriento’s mother who recently passed away.
3.1 P
roclamation recognizing Tri -Valley Haven during Sexual Assault Awareness Month, presented to Sarah Bariya, Tri -Valley Haven Director of Sexual Assault & Counseling Services.
M
ayor Marchand presented a proclamation to Christine Dillman, Executive Director of Tri-Valley Haven recognizing Tri-Valley Haven during Sexual Assault Awareness Month.
4. O
PEN FORUM
Ma
yor Marchand opened the public comment period.
D
avid McGuigan, provided a comment.
S
hirley Lewandowski, provided a comment.
H
erlindo Alfaro, provided a comment.
Ma
rti Sutton, provided a comment.
T
here were no more speakers, and the public comment period was closed.
5. CO
NSENT CALENDAR
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ayor Marchand re-ordered the agenda and moved Item 5.12 from the Consent Calendar for separate discussion and action after Item 6.2.
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ayor Marchand opened the public comment period.
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tem 5.3 Donna Cabanne, provided a comment.
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tem 5.3 Felicia Ziomek, provided a comment.
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tem 5.3 Shirley Lewandowski, provided a comment.
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tems 5.2 and 5.3 Jean King, provided a comment.
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tems 5.3, 5.7, and 5.10 Alan, provided a comment.
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here were no more speakers, and the public comment period was closed.
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N THE MOTION OF VICE MAYOR CARLING , SECONDED BY COUNCIL MEMBER BRANNING AND CARRIED ON A 3- 0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH EXCEPTION OF ITEM 5.12.
5.1 A
pproval of draft minutes – March 25, 2024 Regular Meeting
5.2 A
doption of O rdinance 2155 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;
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doption of Ordinance 2156 authorizing execution of Pre-Annexation and Development Agreement (DA) 21-001;
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doption of Ordinance 2157 authorizing execution of Pre-Annexation and Development Agreement (DA) 23-002.
5.3 Introduce an ordinance, and waive the first reading, amending Title 11, Chapter 11.08, Airport Rules and Regulations, Chapters 11.08.010 Definitions and
11.08.110 Aviation Fueling Operations in the Livermore Municipal Code to Require Fixed Base Operators to Provide certain aviation fuels by December 12, 2025.
5.4 Resolution 2024-046 authorizing the following actions for Water Reclamation Plant (WRP) UV Treatment System Replacement Project 2021-28:
1. Authorize supplemental appropriations to FY 2024-25 and FY 2025-26;
2. Award contracts with Mountain Cascade, Inc. and Carollo Engineers, Inc., for construction management and inspections; and
3. Execute a first amendment to the agreement with Black & Veatch Corporation, for modified design scope and engineering services during construction.
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5.5 R
esolution 2024-047 authorizing execution of an agreement with Rincon Consultants, Inc. to provide planning consultant and project management services in an amount not -to-exceed $600,000 over a three- year term ending on April 16, 2027.
5.6 R
esolution 2024-048 authorizing an agreement with Tagswag Holdings, Inc. dba All Video Media Solutions to install and configure hardware and software in five conference rooms throughout several city facilities including the Civic Center Library, Police Department, Water Reclamation Plant, Maintenance Services Center, and City Hall in an amount not-to-exceed $159,000.
5.7 R
esolution 2024-049 authorizing execution of an amended purchase order with OverDrive for the licensing of e-books, audiobooks, and electronic periodicals, in an amount not-to-exceed $120,000.
5.8 Resolution 2024-050 determining Tract 8657, Triad East Amarone, located at the northeast corner of Triad Drive and North Canyons Parkway, is annexed to the City of Livermore Community Facilities District No. 2023 -1 (Isabel Neighborhood Specific Plan Services).
5.9 Resolution 2024-051 approving an exception to the Livermore Municipal Code bidding requirements and authorizing issuance of a purchase order in an amount not -to-exceed $120,000 for six CUBIC Trafficware Advanced Transportation Controller Cabinet Assemblies from AZCO Supply as part of the Traffic Signal Modification 2019-2021 Project 2019-33.
5. 10 Resolution 2024 -052 receiving the Livermore Police Department's 2023 Annual Review of Military Equipment Report, determining that the equipment identified in the report complies with applicable standards, and determining the Livermore Municipal Code section 2.36.200 Military Equipment should be renewed and remain in effect.
5. 11 Resolution 2024-053 of continued local emergency in response to impacts from a series of severe storm events last year.
IT
EM 5.12 WAS MOVED BY THE MAYOR TO BE HEARD AFTER ITEM 6.2
6. P
UBLIC HEARINGS
6.1 H
earing to modify participation in the Statewide Community Infrastructure Program (SCIP) to allow for financing of impact fees and public facilities through Community Facilities Districts.
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ecommendation: Staff recommended the City Council conduct a public hearing and adopt an amended and restated resolution to modify participation in the Statewide Community Infrastructure Program (SCIP) to allow for financing of impact fees and public facilities through Community Facilities Districts.
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Senior Civil Engineer, Debie Salgado presented the staff report.
Ma
yor Marchand opened the public hearing.
T
here were no speakers, and the hearing was closed.
ON
THE MOTION OF COUNCIL MEMBER BRANNING SECONDED BY VICE
MAYOR CARLING AND CARRIED ON A 3- 0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
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esolution 2024-054 approving the amended and restated resolution of the City of Livermore authorizing the City to join the Statewide Community Infrastructure Program; authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct special assessment proceedings and levy assessments and special taxes and to form Assessment Districts and Community Facility Districts within the territory of the City of Livermore; embodying a joint Community Facilities agreement setting forth the terms and conditions of Community Facilities District financings ; approving form of acquisition agreement for use when applicable; and authorizing related actions.
6.2 H
earing to consider a resolution approving the FY 2024 -25 Annual Action Plan and application for a new Section 108 Guaranteed Loan; authorizing submittal to the U.S. Department of Housing and Urban Development; and authorization execution of associated documents.
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ecommendation: The Human Services Commission and staff recommend ed the City Council adopt a resolution:
1. A
pproving the FY 2024- 25 Annual Action Plan, attached hereto as Exhibit A, and authorizes submission of the Action Plan to Alameda County for inclusion with the Alameda County HOME Consortium report for submittal to HUD;
2. Authorizing the submittal of a final Section 108 guaranteed loan application to HUD for the Tri -Valley Haven for Women Emergency Shelter Project in an amount not to exceed $1,200,000;
3. Authorizing the City Manager, or her designee, to accept the Section 108 for the Tri-Valley Haven for Women Emergency Shelter Project if approved by HUD;
4. Authorizing the City Manager, or her designee, to negotiate and execute all documentation and agreements with HUD and any subgrantees that are necessary and appropriate to effectuate the FY 2024-25 Annual Action Plan and the new Section 108 guaranteed loan, including, without limitation, the FY 2024-25 Entitlement Certifications, attached hereto as Exhibit B, and the Section 108 loan certifications, attached hereto as Exhibit C; and
5. Authorizing the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the FY 2024- 25 Annual Action Plan and the Section 108 guaranteed loan application.
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anagement Analyst Amy Walker presented the staff report.
Ma
yor Marchand opened the public hearing.
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here were no speakers, and the hearing was closed.
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N THE MOTION OF VICE MAYOR CARLING , SECONDED BY COUNCIL MEMBER BRANNING AND CARRIED ON A 3- 0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
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esolution 2024-055 approving the FY 2024- 2025 A nnual Action Plan and application for a new Section 108 G uaranteed Loan; authorizing submittal to the U.S. Department of Housing and Urban Development; and authorizing execution of associated documents.
5. 12 Resolution authorizing the allocation and appropriation of Community Development Block Grant, Home Investment Partnership Program, Housing In- Lieu funds, and General funds in the total amount of $972,988 for Fiscal Year 2024-25 and authorizing the execution of documents required to receive, use, and distribute funds.
Ma
yor Marchand opened the public hearing.
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here were no speakers, and the hearing was closed.
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N THE MOTION OF COUNCIL MEMBER BRANNING SECONDED BY VICE MAYOR CARLING AND CARRIED ON A 3 -0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALEDAR ITEM 5.12.
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esolution 2024-056 authorizing the allocation and appropriation of Community Development Block Grant, Home Investment Partnership Program, Housing In- Lieu funds, and General funds in the total amount of $972,988 for Fiscal Year 2024-25 and authorizing the execution of documents required to receive, use, and distribute funds.
6 .3 Hearing to receive and consider protests and direct staff to proceed with field abatement work on the abatement of weeds, rubbish, dirt, or refuse on certain described properties under the 2024 Weed Abatement Program.
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ecommendation: Staff recommended City Council consider all protests, and if the City Council finds it appropriate, adopt a resolution overruling protests, and direct staff to proceed with necessary weed abatement on all parcels requiring abatement.
F
ire Marshall Ryan Rucker presented the staff report.
M
ayor Marchand opened the public hearing.
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There were no speakers, and the hearing was closed.
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N THE MOTION OF VICE MAYOR CARLING, SECONDED BY COUNCIL MEMBER BRANNING AND CARRIED ON A 3- 0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
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esolution 2024-057 Overruling protests and ordering the abatement of weeds, rubbish, dirt, or refuse on certain described properties under the 2024 W eed Abatement Program.
7. M
ATTERS FOR CONSIDERATION
7.1 R
esolution adopting 180 -day wait period exception to hire retired annuitant, Stephen Stewart, former Assistant Community Development Director, in accordance with Government Code section 7522.56 of the Public Employees' Retirement Law.
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ecommendation: Staff recommend ed that the City Council adopt a resolution approving the hiring of retired annuitant, Stephen Stewart, former Assistant Community Development Director, in accordance with Government Code section 7522.56 of the Public Employees' Retirement Law.
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enior Human Resources Analyst Kristen Hilton presented the staff report.
Ma
yor Marchand opened the public comment period.
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here were no speakers, and the public comment period was closed.
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N THE MOTION OF COUNCIL MEMBER BRANNING SECONDED BY VICE MAYOR CARLING AND CARRIED ON A 3 -0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
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esolution 2024-058 adopting 180-Day wait period exception to hire a retiree in accordance with Government Code Sections 7522.56 and 21224.
8. CO
UNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
T
HE 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.
Pride Flag the City Council requested an agenda item be added to a future meeting related to raising the Pride Flag on the City Hall Campus during the month of June.
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ead in Day at Marilyn Avenue School Council Member Carling noted his Docusign Envelope ID: 4D02080B-DB7B-4CDA-9F58-7FB8AA6373AB APRIL 15, 2024 Minutes CM/75/325
attendance on March 29, 2024.
9. ADJ
OURNMENT – at 8:04 pm in memory of Marjorie Leider Special City Council meeting on Monday, April 29, 2024 at 5:00 pm, and to a Regular City Council Meeting on Monday, May 13, 2024 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.
APPR
OVED:
J OHN P. MARCHAND, MAYOR
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TTEST: ___
D EBORAH L. ELAM, ACTING CITY CLERK
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