JUNE 24, 2024 Minutes CM/75/339
CI
TY COUNCIL
JUNE 24, 2024
________________________________________________________________ RE
GULAR MEETING
1. 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.
RO
LL CALL – Present: Mayor John Marchand, Vice Mayor Robert W. Carling, and Council Members, Ben Barrientos, Evan Branning and, Brittni Kiick.
P
LEDGE OF ALLEGIANCE
3 . PROCLAMATIONS AND PRESENTATIONS
3.1 P
roclamation declaring July 28 through August 4, 2024, as Play Ball Week presented to Kathleen Minser, Little League World Series Marketing & Media Director.
M
ayor Marchand presented a proclamation to Kathleen Minser, Little League World Series marketing & Media Director declaring July 28 through August 4, 2024, as Play Ball Week.
4 . OPEN FORUM
T
he Mayor reordered the agenda moving Open Forum after item 7.2 5 . CONSENT CALENDAR
M
ayor Marchand opened the public comment period.
T
here were no speakers, and the public comment period was closed.
O
N THE MOTION OF COUNCIL MEMBER BRANNING , SECONDED BY
COUNCIL MEMBER KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
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 Docusign Envelope ID: 8AF70DF1-5C65-4A4E-B955-D3A01453AECB CM/75/340 Minutes JUNE 24, 2024
procedures for professional services contracts, and other miscellaneous revisions.
5.2 Resolution 2024 -093 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.
5.3 Resolution 2024-094 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.
5.4 Resolution 2024-095 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 nonresponsive, 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.
5.5 Resolution 2024-096 authorizing 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.
5.6 Resolution 2024-097 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.
5.7 Resolution 2024-098 authorizing 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.
5.8 Resolution 2024-099 authorizing 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.
5.9 Resolution 2024-100 authorizing execution 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.
5. 10 Resolution 2024-101 authorizing execution a purchase order to OverDrive Docusign Envelope ID: 8AF70DF1-5C65-4A4E-B955-D3A01453AECB JUNE 24, 2024 Minutes CM/75/341
for the licensing of e-books, audiobooks, and electronic periodicals, in an amount not-to-exceed $140,000.
5.11 R
esolution 2024 -102 adopting the Police Tow Service Franchise Fee Schedule.
5.12 R
esolution 2024 -103 authorizing execution of an agreement with NBS Government Finance Group 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 a five-year term.
5.13 R
esolution 2024-104 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.
6. PUBL
IC HEARINGS
6.1 Hear
ing 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: S taff recommended the City Council adopt a resolution adopting the City's Master Fee Schedule, incorporating certain fee changes and superseding resolution 2023-128.
Fi
nance Manager Eric Petersen presented the staff report.
May
or Marchand opened the public hearing.
Ther
e were no speakers, and the hearing was closed.
ON T
HE MOTION OF COUNCIL MEMBER BRANNING , SECONDED BY
COUNCIL MEMBER KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Re
solution 2024-105 adopting the Master Fee Schedule incorporating certain fee changes for services provided and superseding Resolution 2023-128.
6.2 He
aring to 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
Re
commendation: Staff recommended 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 Docusign Envelope ID: 8AF70DF1-5C65-4A4E-B955-D3A01453AECB CM/75/342 Minutes JUNE 24, 2024
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.
Poli
ce Captain John Reynolds presented the staff report.
Mayo
r Marchand opened the public hearing.
Jeff R
uckteschler provided a comment.
Jeff P
awloski provided a comment.
Suz
y Pawloski provided a comment.
Alan
Cerro provided a comment.
There w
ere no more speakers, and the hearing was closed.
ON TH
E MOTION OF COUNCIL MEMBER KIICK, SECONDED BY COUNCIL
MEMBER BARRIENTOS CARRIED ON A 4-1 VOTE, WITH COUNCIL MEMBER
BRANNING VOTING AGAINST , THE CITY COUNCIL ADOPTED THE
FOLLOWING RESOLUTION AND DIRECTED STAFF TO MEET WITH THOSE
BUSINESSES THAT WANT TO PROCURE THE REQUIRED EQUIPMENT AND PARTICIPATE IN A FUTRE RFP. IN ADDITION, STAFF W AS DIRECTED TO
REVIEW THE ORDINANCE SECTION REGARDING SUBCONTRACTING AND PROVIDE AN UPDATE AT A FUTRE MEETING.
Res
olution 2024-106 granting non-exclusive tow franchises.
7. MATT
ERS FOR CONSIDERATION
7.1 Appoint
ment of Council Members to the City Council Subcommittee on Advisory Bodies for the period of July 1, 2024 - December 31, 2024.
Rec
ommendation: Staff recommended 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.
Mayo
r Marchand opened the public comment period.
There
were no speakers, and the public comment period was closed.
ON TH
E MOTION OF MA YOR MARCHAND, SECONDED BY VICE MAYOR
CARLING AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPOINTED
MAYOR MARCHAND AND COUNCIL MEMBER KIICK TO THE
SUBCOMMITTEE ON ADVISORY BODIES
7.2 Cer
tification of referendum petition against Resolution No. 2022 -085, action to either repeal the resolution, or call for an election for the voters to Docusign Envelope ID: 8AF70DF1-5C65-4A4E-B955-D3A01453AECB JUNE 24, 2024 Minutes CM/75/343
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 recommended 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.
City Attorney Jason Alcala presented the staff report.
Mayo
r Marchand opened the public comment period.
Mich
elle Cornell-Davis provided a comment.
Linda M
andolini provided a comment.
Chri
s Scarborough provided a comment.
Gre
g Rogowski provided a comment.
Sher
ri Souza provided a comment.
Jim
Johnson provided a comment.
Barb
ara Lymberis provided a comment.
Owe
n Brovont provided a comment.
Tom S
oules provided a comment.
Tom R
amos provided a comment.
Ric
hard Ryon provided a comment.
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Rick Edson provided a comment.
Gre
g Scott provided a comment.
Alex
is Ashley provided a comment.
Julie pr
ovided a comment.
Ala
n Burnham provided a comment.
Jan B
rovont provided a comment.
Nancy K
eenan provided a comment.
Jean Ki
ng provided a comment.
Doug Ma
nn provided a comment.
Tri
sh Munro provided a comment.
Adam
Feidy provided a comment.
Jeff K
askey provided a comment.
Lor
etta Kaskey provided a comment.
Lori S
ouza provided a comment.
David
Kent provided a comment.
Darci
e Kent provided a comment.
Terr
y Land provided a comment.
Mich
ael Ferrucci provided a comment.
Dav
id Jonas provided a comment.
Valer
ie Jonas provided a comment.
Alan
Marling provided a comment.
Chan
ce Boreczky provided a comment.
Matt Re
gan provided a comment.
Tim
Sbranti provided a comment.
David
Best provided a comment.
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Joe Clark provided a comment.
John St
einbuch provided a comment.
Andre
w Sabey provided a comment.
Jasid Q
alandarzada provided a comment.
Karl
Wente provided a comment.
There
were no more speakers, and the public comment period was closed.
ON THE
MOTION OF COUNCIL MEMBER BRANNING , SECONDED BY VICE
MAYOR CARLING AND CARRIED ON A 4 -1 VOTE, WITH COUNCIL MEMBER
BARRIENTOS VOTING AGAINST THE CITY COUNCIL ADOPTED THE
FOLLOWING RESOLUTIONS:
Res
olution 2024 -107 accepting the Alameda County Registrar of Voters certification as the sufficiency of signatures on the Referendum Petition Against Resolution No. 2022-085.
Res
olution 2024-108 repealing Resolution No. 2022-085.
Res
olution 2024 -109 accompanying the action taken by the City Council in response to the Referendum Petition Against Resolution No. 2022- 085, and to ratify, reaffirm, and readopt the Amended and Restated Disposition Development and Loan Agreement approved by that resolution, with the exception of the legislative acts approving the construction of and improvements to Veterans Park and to acknowledge the agreement otherwise remains in effect from the date it was signed.
4. OPEN F
ORUM
Mayor
Marchand opened the public comment period.
Gre
g Scott provided a comment.
Karl
Wente provided a comment.
There w
ere no more speakers, and the public comment period was closed.
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.
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Quest Science Center, Vice Mayor Carling noted his attendance at a Q&A event on June 13, 2024.
Tri-V
alley Conservancy, Vice Mayor Carling noted his attendance at an event celebrating 30 years of the Conservancy on June 13, 2024.
Goodne
ss Village, Vice Mayor Carling note d his attendance at a fundraiser on June 15, 2024.
Ci
ty of Livermore, Vice Mayor Carling noted his attendance at the staff Ice Cream Social on June 20, 2024.
Li
vermore Area Recreation and Park District, Vice Mayor Carling noted his attendance at the Wine Down in the Grove fundraiser on June 22, 2024.
9. ADJ
OURNMENT – at 10:14 pm 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.
APPROVED:
JO HN P. MARCHAND, MAYOR
ATTEST: ___
DEBO RAH L. ELAM, ACTING CITY CLERK
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