MAY 13, 2024 Minutes CM/75/326
CI
TY COUNCIL
MAY 13, 2024
________________________________________________________________ C
LOSED SESSION
CAL
L TO ORDER – The Closed Session of the City Council was called to order by Vice Mayor Robert W. Carling at 6:30 pm, held in person at 1016 S. Livermore Avenue and YouTube.
RO
LL CALL – Present: Vice Mayor Robert W. Carling, and Council Members, Ben Barrientos, Evan Branning and, Brittni Kiick.
A
bsent: Mayor John Marchand
O
PPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL
REGARDING CLOSED SESSION ITEMS.
V
ice Mayor Carling opened the public comment period.
I
tems 1.1, 1.3, and 1.5 Jean King, provided a comment.
T
here were no more speakers, and the hearing was closed.
1. ADJ
OURN TO CLOSED SESSION
1.1 C
onference with Real Property Negotiator. To meet with Paul Spence Assistant City Manager and Andy Ross Economic Development Manager, the City’s negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor’s Parcel No. 99B- 5680-4 and 99B -5680–20. The City's negotiators may negotiate with Daniel Buffington, Realtor, on behalf of the Brooks Beverly J Trust & House, Doris E. The instructions will concern price and terms of payment.
1 .2 Conference with Real Property Negotiator. To meet with Paul Spence Assistant City Manager and Andy Ross Economic Development Manager, the City’s negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor’s Parcel No. 99B-5685-12. The City's negotiators may negotiate with Daniel Buffington, Realtor, on behalf of Mike Fuller Motorsports Inc. The instructions will concern price and terms of payment.
1 .3 Conference with Real Property Negotiator. To meet with Paul Spence Assistant City Manager and Andy Ross Economic Development Manager, the Docusign Envelope ID: A161EFE4-F7BD-488B-8BAF-620FA226D19A CM/75/327 Minutes MAY 13, 2024
City’s negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor’s Parcel No. 905- 3-12. The City's negotiators may negotiate with Sara Rieck and Becky Bremser, Chief of Land Acquisition, on behalf of the East Bay Regional Park District. The instructions will concern price and terms of payment.
1. 4 Conference with Real Property Negotiator. To meet with Paul Spence Assistant City Manager and Andy Ross Economic Development Manager, the City’s negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor’s Parcel No. 902- 9-3-2 and 902-9-3- 1. The City's negotiators may negotiate with property owners Harford Estates Ltd. The instructions will concern price and terms of payment.
C
ouncil Member Barrientos left the closed session due to a conflict of interest.
1. 5 Conference with Real Property Negotiator. To meet with Paul Spence Assistant City Manager and Andy Ross Economic Development Manager, the City’s negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor’s Parcel No. 99B- 5300-10. The City's negotiators may negotiate with Lisa Quisito, on behalf of Sharon Albright & Karen Red Elk Trust. The instructions will concern whether there is interest in acquiring the property for open space purposes, and if so, instructions will also concern price and terms of payment.
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___________________________________________________________ RE
GULAR MEETING
2. CALL TO ORDER – The m eeting of the City Council was called to order by Vice Mayor Robert W. Carling at 7:00 pm, held in person at 1016 S. Livermore Avenue and YouTube.
RO
LL CALL – Present: Vice Mayor Robert W. Carling, and Council Members, Ben Barrientos, Evan Branning and, Brittni Kiick.
A
bsent: Mayor John Marchand
P
LEDGE OF ALLEGIANCE
RE
PORT OF ACTION TAKEN IN CLOSED SESSION
A
cting City Attorney Tara Mazzanti said there was no reportable action.
3. P
ROCLAMATIONS AND PRESENTATIONS
3.1 Proclamation recognizing East Bay Housing Organizations 40th Anniversary, presented to Darin Lounds, East Bay Housing Organizations Board Member.
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Vic
e Mayor Carling presented a proclamation to Darin Lounds, East Bay Housing Organizations Board Member, recognizing East Bay Housing Organizations 40th Anniversary.
3.2 Pro
clamation declaring May 2024 as Jewish American Heritage Month, presented to Tsahala David, President of Congregation Beth Emek Vic
e Mayor Carling presented a proclamation to Tsahala David, President of Congregation Beth Emek , declaring May 2024 as Jewish American Heritage Month.
3.3 Pro
clamation declaring May 19-25, 2024, as Public Works Week in the City of Livermore, presented to Judy Erlandson, City of Livermore Acting Public Works Director.
Vice
Mayor Carling presented a proclamation to Judy Erlandson, City of Livermore Acting Public Works Director, declaring May 19-25, 2024, as Public Works Week in the City of Livermore.
3.4 Pr
oclamation declaring June as Safety Awareness Month, presented to Jas Sidhu, City of Livermore Risk Manager.
Vic
e Mayor Carling presented a proclamation to as Sidhu, City of Livermore Risk Manager, declaring June as Safety Awareness Month.
4. OPEN F
ORUM
Vic
e Mayor Carling opened the public comment period.
Jean Ki
ng provided a comment.
Erik
Sommargren provided a comment.
There w
ere no more speakers, and the public comment period was closed.
5. CONSE
NT CALENDAR
Item
5.10 Vice Mayor Carling removed this item from the agenda.
Item
s 5.1 Vice Mayor Carling removed this item from the Consent Calendar for separate discussion and action.
Vic
e Mayor Carling opened the public comment period for Item 5.1.
Item
5.1 Paul Milner provided a comment.
Item
5.1 Felicia Ziomek provided a comment.
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Item 5.1 David Fiala provided a comment.
Item
5.1 Jean King provided a comment.
Item
5.1 Linda Milanese provided a comment.
Item
5.1 Shirley Lewandowsky provided a comment.
Item
5.1 Pete Sandhu provided a comment.
There
were no more speakers, and the public comment period was closed.
ON THE
MOTION OF COUNCIL MEMBER BRANNING , SECONDED BY
COUNCIL MEMBER KIICK AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 5.1
5.1 Adoption of Ordinance 2158 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.
Vic
e Mayor Carling opened the public comment period for the remaining Consent Calendar.
Item
5.12 Jean King provided a comment.
There w
ere no more speakers, and the public comment period was closed.
ON THE
MOTION OF COUNCIL MEMBER KIICK, SECONDED BY COUNCIL
MEMBER BRANNING AND CARRIED ON A 4 -0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEMS 5.2-5.9, AND 5.11-5.20.
5.2 Res
olution 2024 -059 authorizing execution of a first amendment to the agreement with Schaaf & Wheeler Consulting Engineers for on- call design of repairs for sites damaged during the 2017 and 2023 storm events, hydraulic modeling support, and annual Stream Maintenance Program projects, increasing the not-to-exceed amount from $400,000 to $1,000,000 and extending the term of the agreement two additional years to December 31, 2027.
5.3 Resolution 2024-060 authorizing execution of a first amendment to the agreement with Gannett Fleming, Inc. increasing the not -to-exceed amount from $952,000 to $2,052,000 for additional construction management and inspection services associated with the Livermore Village Parking Garage Construction Project 586003.
5.4 Resolution 2024-061 authorizing execution of an agreement with Independent Code Consultants Inc. to provide on-call plan review, inspections, and permit technician services in an amount not-to-exceed $460,000 per contract over a five-year term.
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Res
olution 2024-062 authorizing execution of an agreement with 4LEAF Inc. to provide on- call plan review, inspections, and permit technician services in an amount not-to-exceed $460,000 per contract over a five-year term.
5.5 Resolution 2024-063 authorizing execution of an agreement with TruePoint Solutions LLC to implement Accela Citizen Access, DigEplan electronic plan review, on- call Accela permit software programming, and LTC DigEplan subscription agreement. The contract has a not -to-exceed amount of $455,000 over a five-year term.
5.6 Resolution 2024-064 authorizing execution of an agreement with Golden State Emergency Vehicle Services Inc. for repairs to fire apparatuses manufactured by Pierce Manufacturing and Boise Mobile Equipment in an amount not-to-exceed $350,000 for a three-year term ending May 31, 2027.
5.7 Resolution 2024-065 authorizing approval of a cooperative implementation agreement with Caltrans that defines the terms for the City to install two trash capture devices at Southfront Lane and the Southern Conveyance Facility and to receive up to $1,480,000 in reimbursements from Caltrans as part of 2024 Storm Drain Trash Capture Project 2024-25.
5.8 Resolution 2024-066 authorizing execution of a ten- year Master License Agreement for Wireless Facilities on Vertical Infrastructure in the Public Rights-of- Way between the City of Livermore and New Cingular Wireless PCS, LLC to provide the general framework for the installation and maintenance of small cell antennas and associated equipment on City streetlights within the City's rights-of- way.
5.9 Resolution 2024-067 authorizing execution of an agreement with One Diversified, LLC (Diversified) to upgrade, reconfigure and provide 36 months of ongoing maintenance of the Civic Center Meeting Hall in an amount not-to-exceed $300,000 and appropriate $300,000 from the City’s Public Educational and Government (PEG) fees.
5.11 Resolution 2024-068 authorizing execution of a purchase order with 72 Hour LLC DBA National Auto Fleet Group, for six Ford F150 All -Wheel Drive Electric Vehicle (AWD EV) Lightning pickup trucks in an amount not-to-exceed of $451,117.
5.12 Resolution 2024-069 authorizing execution of a Low -Income For Sale Housing Agreement with DeNova Homes, Inc. for a 172- unit subdivision located at the intersection of North Canyons Parkway and Triad Drive (VTTM 8657), “Triad East/Amarone”.
5.13 Resolution 2024-070 adding Traffic Operation Center Upgrade, Project 2023-28 to the 2023-2028 Capital Improvement Plan, authorizing reallocations of Gas Taxes in the amount of $260,000 in FY 2023-24, approving an exception to the Livermore Municipal Code bidding requirements, and authorizing issuance of Docusign Envelope ID: A161EFE4-F7BD-488B-8BAF-620FA226D19A CM/75/331 Minutes MAY 13, 2024
a purchase order in an amount not-to-exceed $240,000 for Novani, LLC to upgrade the Traffic Operation Center Hardware as part of the Traffic Operation Center Upgrade Project 2023-28.
5.14 Resolution 2024-071 authorizing reallocations of Measure BB Local Streets and Roads in the amount of $540,000 in FY 2024- 25 to Traffic Signal Modification 2019-2021 Project 2019- 33 and authorizing an agreement with DC Electric Group, Inc., in an amount not -to-exceed $460,000, to replace six traffic signal controller cabinet assemblies as part of the Traffic Signal Modification 2019- 2021 Project 2019-33.
5.15 Resolution 2024-072 amending the City of Livermore Salary Plan dated May 2024 to reflect an MOU adjustment for the Livermore Police Officers Association in accordance with California Code of Regulations, Title 2, Section 570.5 and assigning new Class Code numbers to all Job Classifications in connection with the implementation of the new payroll system.
5.16 Resolution 2024-073 authorizing the display of the Philadelphia rainbow pride flag for the month of June 2024.
5.17 Resolution 2024-074 calling for and giving notice of the holding of a General Municipal Election and consolidating services with Alameda County on Tuesday, November 5, 2024, for the election of certain officers of the City.
5.18 Resolution 2024-075 accepting the Single Audit Report related to federal grants for the Fiscal Year Ending June 30, 2023.
5.19 Resolution 2024-076 authorizing establishing an interim appeals board to hear and decide appeals of building code violations pursuant to California Building Code section 1.8.8 and directing staff to prepare an ordinance establishing a permanent appeals board.
5.20 Approval to send a six -month extension notification letter to Republic Services Vasco Road Landfill.
City Co
uncil approved a six -month extension letter to Republic Services Vasco Road Landfill.
6. PUBLI
C HEARINGS
6.1 Publi
c Hearing to approve the Livermore Sanitation, Inc. requested
3.68% rate adjustment to be effective July 1, 2024.
Rec
ommendation: Staff recommend ed the City Council hold a public hearing and approve rates listed in Exhibit H of the Third Amended and Restated Agreement for Solid Waste, Recyclable Materials, and Compostable Materials Services effective July 1, 2024.
Act
ing Public Works Director, Judy Erlandson presented the staff report.
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Vic
e Mayor Carling opened the public hearing.
Jim M
cSharry provided a comment.
There
were no more speakers, and the hearing was closed.
ON TH
E MOTION OF COUNCIL MEMBER BARRIENTOS , SECONDED BY
COUNCIL MEMBER KIICK AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING:
Res
olution 2024-077 approving an amendment updating E xhibit H of the Third Amended and Restated Franchise Agreement with Livermore Sanitation, Inc. to include a rate adjustment effective July 1, 2024
7. MATT
ERS FOR CONSIDERATION – NONE.
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.
Liv
ermore Downtown Street Fest, Council Member Branning noted he will be in attendance May 19, 2024.
Bankh
ead Theater, Council Member Barrientos noted his attendance at the Jason Lyle Black show on May 12, 2024, and encouraged others to attend events.
Liver
more Sanitation Fees, City Council directed staff to provide a memo clarifying the sizes and fees related to income-based residential garbage service, and confirming whether a discount is only on larger sized residential garbage containers.
Live
rmore Little League , Council Member Kiick noted her attendance at the Mother’s Day Softball League event on May 12, 2024.
Publi
c Comment, City Council directed staff to up date the public comment language on the agenda to reflect that speakers commenting on items pulled from the Consent Calendar are allowed a three-minute comment per item.
Vin
eyard Resource Center , Vice Mayor Carling noted his attendance at the opening on May 9, 2024.
Live
rmore High School, Vice Mayor Carling noted his attendance at a performance of Mama Mia performed by Livermore High School and Granda High Docusign Envelope ID: A161EFE4-F7BD-488B-8BAF-620FA226D19A CM/75/333 Minutes MAY 13, 2024
School students.
9. ADJO
URNMENT – at 8:12 pm in memory of Willow Alcala to a Special City Council Meeting on Monday, May 20, 2024 at 5:00 pm and a Regular City Council Meeting on Monday, J une 10, 2 024 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.
APPRO
VED:
ROB ERT W. CARLING VICE MAYOR
ATTE
ST: ___
DEBO RAH L. ELAM, ACTING CITY CLERK
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