CITY COUNCIL
AGENDA
MONDAY, JULY
8, 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
July
8, 2024
1. CLOSED SESSION - NONE
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Reappointment of Peggy Schimmelman as Poet Laureate for a two-year term
Recommendation:
The Commission for the Arts and staff recommend the City Council confirm the reappointment of Peggy Schimmelman as Poet Laureate for a two-year term starting July 1, 2024, and ending on June 30, 2026.
Staff Report
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
July
8, 2024
5.1 Approval of draft minutes - June 10, 2024 Regular Meeting.
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. DRAFT 2024-06-10
5.2 Adoption of an ordinance 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
adopt an ordinance
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
5.3 Resolution authorizing supplemental appropriations in the amount of $3,584,000 from the Water Resources Replacement fund and $1,195,000 from the Sewer Connection Fees fund to FY 2023-24, and authorizing execution of a second amendment to the engineering services agreement with Carollo Engineers increasing the not-to-exceed contract amount from $4,910,499 to $5,881,720 and extending the term to December 31, 2026, for additional construction management and engineering services during construction of the Water Reclamation Plant (WRP) Primary and Secondary Treatment Improvements Project 2019-31.
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Authorizing supplemental appropriations of $3,584,000 in the Water Resources Replacement fund and $1,195,000 in the Sewer Connection Fees fund in Fiscal Year 2023-24 to the WRP Primary and Secondary Treatment Improvements Project 2019-31, 2 .
Authorizing the City Manager to sign the second amendment to the agreement with Carollo Engineers, attached hereto as Exhibit A, increasing the amount of the agreement by $971,221 to a not-to-exceed amount of $5,881,720 and extending the term to December 31, 2026 for additional construction management and engineering design services during construction of the Water Reclamation Plant Primary and Secondary Treatment Improvements Project 2019-31, and
3 .
Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to
Livermore City Council Agenda
July
8, 2024
the proposed amendment.
Staff Report
Attachments:
1. Site Plan
2. Funding Summary
3. Resolution
4. Exhibit A - Second Amendment
5.4 Resolution authorizing delegation of authority to the City Manager to award a construction contract, in an amount not-to-exceed $1,000,000, for the 2023 Storm Damage Repair Projects S202300A and S202300P for repairs at one site along Arroyo Las Positas and two sites along Arroyo Mocho.
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Delegating authority to the City Manager to award a construction contract in a total amount not-to-exceed $1,000,000 for the 2023 Storm Damage Repair Projects S202300A and S202300P in substantially similar form to the draft contract in Exhibit A of the resolution subject to the City Attorney's approval to form of the final construction contract and Risk Management approval of insurance; execute any change orders or amendments which do not exceed the not-to-exceed amount; 2 .
Delegating authority to the City Manager to reject all other bids; and 3 .
Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed agreement.
Staff Report
Attachments:
1. Site Map
2. Resolution
3. Exhibit A - Draft Construction Contract
5.5 Resolutions accepting the recommendation of the Altamont Landfill Open Space Committee to authorize the City's grant requests, finding that acquisitions are categorically exempt from CEQA, authorizing the City Manager to enter into Purchase and Sale Agreements for open space land, and appropriating funds from the Dougherty Valley Settlement Agreement and the Open Space Acquisition and Management Account. Locations: Hartford Hills Property (82 acres – APNs: 902-9-3-1, 902-9-3-2) and Greenville Road Property (125.5 acres - APN: 99B- 5685-12)
Recommendation:
Staff recommends the City Council adopt separate resolutions to:
1 .
Accept the recommendation of the Altamont Landfill Open Space Committee to authorize the City of Livermore's grant requests for the Hartford Hills Property (in the amount of $980,000) and the Greenville Road Property (in the amount of $1,284,000)
Livermore City Council Agenda
July
8, 2024
for a total grant request of $2,264,000; and determine that the Altamont Landfill Open Space Committee’s recommended expenditure of Open Space Account funds is not a project under California Environmental Quality Act (CEQA) Guidelines section 15378. 2 .
Determine the acquisitions are categorically exempt from CEQA in accordance with CEQA Guidelines Section 15313, which exempts acquisitions of lands to preserve the land in its natural condition.
3 .
Authorize the City Manager to enter into two Purchase and Sale Agreements and execute all other documents necessary to acquire the Hartford Hills Property (82 acres – APNs: 902-9-3-1, 902-9-3-2), and the Greenville Road Property (125.5 acres - APN:
99B-5685-12); and
4 .
Appropriate funds from the Dougherty Valley Settlement Agreement (Fund 925) for the amount of $980,000 to acquire the Hartford Hills Property (82 acres – APNs: 902-9-3-1, 902-9-3-2) and appropriate $856,000 from the Open Space Acquisition and Management Account (Fund 642) for the Greenville Road Property (125.5 acres - APN:
99B-5685-12).
Staff Report
Attachments:
1. Financial Analysis
2. Property Acquisitions Map
3. Location Map - Hartford Hills Property
4. Location Map - Greenville Road Property
5. Planning Commission Meeting Minutes
6. Letter to Citizens for Balanced Growth
7. Public Comment
8. Resolution - Hartford Hills Concurrence of Funds
9. Resolution - Greenville Road Concurrence of Funds
10. Resolution - CEQA Hartford Hills Property
11. Resolution - CEQA Greenville Road Property
12. Resolution - Hartford Hills Authorizing City Manager
13. Exhibit A - Planning Commission Resolution
14. Exhibit B - Hartford Hills Purchase and Sale Agreement
15. Resolution - Greenville Road Authorizing City Manager
16. Exhibit A - Planning Commission Resolution
17. Exhibit B - Greenville Road Purchase and Sale Agreement
18. Resolution - Hartford Hills Acquisition Funding
19. Resolution - Greenville Road Acquisition Funding
5.6 Resolution authorizing an agreement with the County of Alameda Probation Department, accepting funding for the term of July 1, 2024 - June 30, 2026, for Horizons Family Counseling to provide mental health-related services and programs in an amount not-to-exceed $1,502,000.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing an agreement with County of Alameda Probation Department, accepting funding for the term of July 1, 2024 - June 30, 2026, in a not-to-exceed amount of $1,502,000 for Horizons to provide mental health related services and programs focused on therapeutic counseling, crisis intervention, diversion, and
Livermore City Council Agenda
July
8, 2024
case management services aimed at preventing formal entry into the juvenile system or recidivism.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement
5.7 Resolution establishing the Appropriations Limit consistent with State law for FY 2024-25.
Recommendation:
Staff recommends the City Council adopt a resolution establishing the Appropriations Limit for FY 2024-25.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - FY 2024-25 Appropriations Limit
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 consider a request for Vesting Tentative Tract Map and Site Plan Design Review to develop vacant land located southwest of the Portola Avenue and Tranquility Circle intersection with a for-sale residential condominium project, known as Shea Aura.
Recommendation:
The Planning Commission and staff recommend the City Council:
1 .
Adopt a resolution finding that the project is exempt under the California Environmental Quality Act, in accordance with California Government Code Section 65457 and CEQA Guidelines Section 15182 (c), Projects Pursuant to a Specific Plan, and California Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183, Projects Consistent with a Community Plan, General Plan, or Zoning; and 2 .
Adopt a resolution approving Vesting Tentative Tract Map (VTTM) 8612 – Subdivision (SUB) 21-007 and Site Plan Design Review (SPDR) 21-006, together with the requested Density Bonus waivers and incentive/concession, subject to the attached Conditions of Approval; and
3 .
Direct the Planning Manager to file a Notice of Exemption, in accordance with the provisions of the California Environmental Quality Act, subject to project approval.
Staff Report
Attachments:
1. Staff Analysis - Planning Commission Memorandum
2. Project Location
3. Project Site Context
Livermore City Council Agenda
July
8, 2024
4. Development Plans
5. Isabel Neighborhood Specific Plan Land Plan
6. Frontage Improvements
7. Density Bonus Letter Request
8. Draft Planning Commission Meeting Minutes
9. Public Comments
10. Resolution - CEQA
11. Exhibit A - Planning Commission CEQA Resolution
12. Resolution - Project
13. Exhibit A - Planning Commission Project Resolution
14. Exhibit B - Conditions of Approval
6.2 Public hearing for the confirmation of the levy of assessments for the City’s Landscape Maintenance Districts for FY 2024-25.
Recommendation:
Staff recommends the City Council:
1 .
Conduct a public hearing for the confirmation of the annual levy of assessments for the City’s Landscape Maintenance Districts for FY 2024-25.
2 .
Upon closure of the public hearing, staff recommends the City Council adopt a resolution confirming the annual levy of assessments for the City’s Landscape Maintenance Districts and directing actions with respect thereto for FY 2024-25.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - LMD Maximum and Budgeted Assessment Rates
3. Exhibit B - Proposed Assessments for LMD No. 859 Downtown for Fiscal Year 2024-25
4. Exhibit C - FY 2024-25 Consolidated Annual Report
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 Approval of the City Council 2025 Meeting Calendar.
Recommendation:
Staff recommends the City Council approve the 2025 Meeting Calendar. Staff is prepared to make adjustments if a Council Member identifies a scheduling or holiday conflict to ensure all members of the Council can participate in meetings.
Staff Report
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS
9. ADJOURNMENT
Livermore City Council Agenda
July
8, 2024
To a Regular City Council meeting on Monday, July 22, 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.pdf
10.2 Supplemental materials received at the meeting.
Staff Report
Attachments:
1. Items Received at the Meeting.pdf
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 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.
Livermore City Council Agenda
July
8, 2024
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
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
July
8, 2024
Livermore City Council Agenda
July
8, 2024