CITY COUNCIL
AGENDA
MONDAY, JUNE 24, 2024
REGULAR MEETING –
7:00 PM
MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
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
June 24, 2024
1. CLOSED SESSION - NONE.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Proclamation declaring July 28 through August 4, 2024, as Play Ball Week presented to Kathleen Minser, Little League World Series Marketing & Media Director.
Recommendation:
Staff recommends City Council declare July 28 through August 4, 2024, as Play Ball Week.
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 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 per item 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).
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
June 24, 2024
5.1 Introduce an ordinance and waive the first reading revising Municipal Code Chapter 2.68, Contracts and Purchasing, to change contract approval authorities, add department head contract and purchasing responsibilities, add solicitation procedures for professional services contracts, and other miscellaneous revisions.
Recommendation:
Staff recommends the City Council
introduce an ordinance
and waive the first reading
revising Municipal Code Chapter 2.68, Contracts and Purchasing, to change contract approval authorities, add department head contract and purchasing responsibilities, add solicitation procedures for professional services contracts, and other miscellaneous revisions.
Staff Report
Attachments:
1. Redlined LMC 2.68
2. Ordinance
3. Exhibit A - LMC 2.68
5.2 Resolution authorizing execution of a first amendment to the agreement with Precision Emprise, LLC, dba Precision Concrete Cutting for on-call concrete cutting services increasing the not-to-exceed contract amount from $500,000 to $1,000,000 and extending the term of the agreement to December 30, 2027.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute the first amendment to the agreement with Precision Emprise, LLC, dba Precision Concrete Cutting for on-call concrete cutting services increasing the not-to-exceed contract amount from $500,000 to $1,000,000 and extending the term of the agreement to December 30, 2027.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - First Amendment
5.3 Resolution authorizing execution of a fourth amendment to the agreement with Watry Buehler Collaborative, LLP increasing the not-to-exceed amount from $1,792,800 to $2,091,800 for additional engineering services during construction associated with the Livermore Village Parking Garage Construction Project 586003.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a fourth amendment to the agreement with Watry Buehler Collaborative, LLP increasing the not-to-exceed amount from $1,792,800 to $2,091,800 for additional engineering services during construction associated with the Livermore Village Parking Garage Construction Project 586003.
Staff Report
Attachments:
1. Site Plan
Livermore City Council Agenda
June 24, 2024
2. Resolution
3. Exhibit A - Fourth Amendment
5.4 Resolution authorizing the following actions for the Resurfacing and Sidewalk Improvements Project composed of the Street Resurfacing 2022 Project 2022-01, Sidewalk Repair 2023 Project 2023-02, and ADA Access Ramps 2021 Project 2021-07: Reject the Bid Proposal from apparent lowest bidder, Mountain Cascade Inc., finding the bid to be incomplete and non- responsive, authorize supplemental appropriations in FY 2024-25, and award a construction agreement to A. Teichert & Son, Inc., dba Teichert Construction in an amount of $4,178,975.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the following actions for the Resurfacing and Sidewalk Improvements Project composed of the Street Resurfacing 2022 Project 2022-01, Sidewalk Repair 2023 Project 2023-02, and ADA Access Ramps 2021 Project 2021-07:
1 .
Reject the Bid Proposal from Mountain Cascade Inc., finding the bid to be incomplete and non-responsive;
2 .
Authorize a supplemental appropriation of $1,070,000 from Gas Tax - Senate Bill 1 to the FY 2024-25 budget for Street Resurfacing 2022 Project 2022-01; 3 .
Authorize a supplemental appropriation of $450,000 in Gas Taxes to the FY 2024-25 budget for the ADA Access Ramps 2021 Project 2021-07;
4 .
Award and authorize execution of a construction agreement with A. Teichert & Son, Inc. dba Teichert Construction in the amount of $4,178,975 for construction of the project pursuant to Livermore Code section 2.68.580 (C); and
5 .
Reject all other Bid Proposals.
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - Agreement
5.5 Resolution approving Final Tract Map 8657; authorizing execution of a Subdivision Improvement Agreement for the Triad Drive East Development (Amarone); and accepting on behalf of the public all real property offered for dedication within the Final Tract Map 8657 except for the certain easements which City Council reserves the right to accept at a future date.
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Finding that the requirements of the California Environmental Quality Act have been satisfied;
2 .
Approving Final Tract Map 8657 for recording;
3 .
Approving and authorizing execution of the Subdivision Improvement Agreement which includes a 12-month extension (24 months in total) to complete the required improvements; and
4 .
Accepting, on behalf of the public, all real property offered for dedication within Final
Livermore City Council Agenda
June 24, 2024
Tract Map 8657 in conformance with the terms of the offer except for the following, which the Council rejects at this time reserving the right to accept the offer at a future date: Public Utility Easement (P.U.E.), Sanitary Sewer Easement (S.S.E.), Waterline Easement (W.L.E.), Emergency Vehicle Access Easement (E.V.A.E.) and Public Sidewalk Easement (S.W.E.)
Staff Report
Attachments:
1. Vicinity Map
2. Resolution
3. Exhibit A - Final Tract Map 8657
4. Exhibit B - Subdivision Improvement Agreement
5.6 Resolution authorizing execution of an agreement with Holloway Environmental Solutions, LLC for Biosolids Hauling and Disposal Services in an amount not-to-exceed $2,288,790, a term ending June 30, 2027, and an appropriation increase of $103,430 to the Sewer Fund Operating Budget for FY 2024-25.
Recommendation:
Staff recommends that the City Council adopt a resolution authorizing execution of an agreement with Holloway Environmental Solutions, LLC for Biosolids hauling and disposal services in an amount not-to-exceed $2,288,790, a term ending June 30, 2027, and an appropriation increase of $103,430 to the Sewer Fund operating budget for FY 2024-25.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement
5.7 Resolution authorizing the execution of an agreement for services with Kemira Water Solutions, Inc. for the supply and delivery of ferric chloride for use at the Water Reclamation Plant in an amount not-to-exceed $200,000.
Recommendation:
Staff recommends that the City Council adopt a resolution authorizing the execution of an agreement with Kemira Water Solutions, Inc. for the supply and delivery of ferric chloride for use at the Water Reclamation Plant in an amount not-to-exceed $200,000.
Staff Report
Attachments:
1. BACC Award Letter
2. Resolution
3. Exhibit A - Agreement
5.8 Resolution authorizing the execution of an agreement with Gigantic Idea Studio, Inc. to assist with recycling and organics diversion outreach campaign services for the term of July 1, 2024 to June 30, 2026 in the amount not-to-exceed $215,000.
Livermore City Council Agenda
June 24, 2024
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Gigantic Idea Studio, Inc. to assist with recycling and organics diversion outreach campaign services for the term of July 1, 2024 to June 30, 2026 in the amount not- to-exceed $215,000.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement
5.9 Resolution authorizing a purchase order to Baker & Taylor Books for purchases of library books and related materials in FY 2024-25, in an amount not-to-exceed $240,000.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing issuance of a purchase order to Baker & Taylor Books for FY 2024-25 purchases of library books and related materials, not-to-exceed $240,000.
Staff Report
Attachments:
1. Resolution
5.10 Resolution authorizing a purchase order to OverDrive for the licensing of e-books, audiobooks, and electronic periodicals, in an amount not-to-exceed $140,000
Recommendation:
Staff recommends the City Council adopt a resolution authorizing issuance of a purchase order to OverDrive for FY 2024-25 licensing of e-Books, audiobooks, and electronic periodicals, in an amount not-to-exceed $140,000.
Staff Report
Attachments:
1. Resolution
5.11 Resolution adopting the Police Tow Service Franchise Fee Schedule.
Recommendation:
Staff recommends the City Council adopt a resolution adopting the Towing Franchise Fee Schedule.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Towing Franchise Fee Schedule
3. Exhibit B - Ordinance 5.44 Police Tow Services Franchises
5.12 Resolution authorizing execution of an agreement with NBS Government Finance Group to provide services in administering the City’s Assessment Districts, Community Facilities
Livermore City Council Agenda
June 24, 2024
Districts, and Continuing Disclosures in an amount not-to-exceed $350,000 for a five-year term.
Recommendation:
Staff recommends that City Council authorize the execution of an agreement with NBS Government Finance Group (NBS) to provide services in administering the City’s Assessment Districts, Community Facilities Districts, and Continuing Disclosures in an amount not-to- exceed $350,000 for fiscal years 2024-29.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement
5.13 Resolution amending the City of Livermore Salary Plan dated July 2024 to reflect salary increases for the Livermore Management Group, Livermore Police Management Association, Police Chief, Management Confidential, and Confidential Employees in accordance with California Code of Regulations, Title 2, Section 570.5.
Recommendation:
Staff recommends the City Council adopt a resolution amending the City of Livermore Salary Plan dated July 2024 to reflect salary increases for the Livermore Management Group, Livermore Police Management Association, Police Chief, Management Confidential, and Confidential Employees.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Salary Plan effective July 1, 2024
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 receive and consider all evidence and reports regarding the adoption of a Master Fee Schedule. The Master Fee Schedule establishes fees for City services. The fee resolution and accompanying justification includes new, increased, and decreased fees into one document.
Recommendation:
Staff recommends the City Council adopt a resolution adopting the City's Master Fee Schedule, incorporating certain fee changes and superseding resolution 2023-128.
Staff Report
Attachments:
1. Tables 1-9
2. Resolution
Livermore City Council Agenda
June 24, 2024
3. Exhibit A - Master Fee Schedule
6.2 Hearing on Police Department Tow Franchise Proposals for RFP & Q No. 4262 to grant a non-exclusive tow franchise agreement, for a five-year term, from July 1, 2024 - June 30, 2029 Recommendation:
Staff recommends the City Council authorize the City Manager to grant a non-exclusive tow franchise agreement, for a five-year term, commencing July 1, 2024, and ending June 30, 2029, in substantial conformance to Exhibit A to the resolution to the following companies:
1. Action Road Solutions DBA Jack James Tow Service,
2. Central Towing & Transport, LLC,
3. ITN Holdings, LLC DBA First Street Tow,
4. Golden State Fleet Services, and
5. Norm’s Tow Service
Staff Report
Attachments:
1. RFP & Q No. 4262 Checklist & Tabluation
2. Resolution
3. Exhibit A - Substantial Conformance Agreement
7. MATTERS FOR CONSIDERATION
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).
7.1 Appointment of Council Members to the City Council Subcommittee on Advisory Bodies for the period of July 1, 2024 - December 31, 2024.
Recommendation:
Staff recommends the Mayor appoint two Council Members to serve on the City Council Subcommittee on Advisory Bodies for the period of July 1, 2024 - December 31, 2024, with the City Council's approval.
Staff Report
7.2 Certification of referendum petition against Resolution No. 2022-085, action to either repeal the resolution, or call for an election for the voters to approve or set aside the legislative acts in the resolution for the construction of and improvements to Veterans Park, and consideration of a companion resolution ratifying the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc.
Recommendation:
Staff recommends the City Council:
1. Adopt a resolution accepting the Alameda County Registrar of Voter’s certification of sufficiency of the signatures on the referendum petition against Resolution No. 2022-085; and,
2. Take one of the following actions as provided by the Elections Code:
Livermore City Council Agenda
June 24, 2024
Option 1: Adopt a resolution repealing Resolution No. 2022-085; or, Option 2: Adopt a resolution calling for an election to place Resolution No. 2022-085 on the ballot for the voters to approve or set aside the legislative acts in the resolution for the construction of and improvements to Veterans Park; requesting that the Alameda County Registrar of Voters conduct the election; and establishing dates for ballot measure arguments.
3. Staff further recommends the City Council adopt a companion resolution to ratify, reaffirm, and readopt the terms and conditions in the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc., other than for construction of and improvements to Veterans Park, and to acknowledge that the agreement remains in effect as of the date it was signed.
Staff Report
Attachments:
1. Veterans Park Language
2. Memorandum, History of Veterans Park
3. Memorandum, Referenda and Case Analysis
4. Resolution - Accepting Certification
5. Exhibit A - Registrar of Voters Certification
6. Resolution - Repealing Resolution No. 2022-085
7. Resolution - Calling for and Giving Notice of Election
8. Exhibit A - Resolution No. 2022-085
9. Exhibit B - Veterans Park Language
10. Exhibit C - Referendum Measure
11. Resolution - Companion Resolution
12. Exhibit A - Resolution No. 2022-085
13. Exhibit B - Veterans Park Language
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, July 8, 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
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
Livermore City Council Agenda
June 24, 2024
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.
TV29:
tv29live.org
Comcast Cable 29
YouTube:
http://youtube.com/c/CityofLivermoreCalifornia
Livermore City Council Agenda
June 24, 2024
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
June 24, 2024