July 22, 2024 Minutes CM/75/353
MINUTES
CI
TY COUNCIL
JULY 22, 2024
________________________________________________________________ C
LOSED SESSION
CAL
L TO ORDER – The Closed Session of the City Council was called to order by Mayor John Marchand at 6:00 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 and Evan Branning.
A
bsent: Council Member Kiick
O
PPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL
REGARDING CLOSED SESSION ITEMS.
Ma
yor Marchand opened the public comment period.
J
ean King provided a comment.
T
here were no more speakers, and the hearing was closed.
C
ity Attorney Jason Alcala made the following announcement: Pursuant to G/C section 54956.9(e)(2), I would like to disclose that the anticipated litigation closed session item relates to comments by Citizens for Balanced Growth at the City Council meeting on July 8, 2024, and a letter from their attorney dated July 19, 2024, that allege the City’s use of Dougherty Valley Settlement Funds is illegal and a breach of the Dougherty Valley Settlement Agreement, posturing a lawsuit against the City of Livermore.
1. ADJ
OURN TO CLOSED SESSION
1. 1 Conference with Legal Counsel - Anticipated Litigation. To meet with legal counsel pursuant to Government Code sections 54956.9(d)(2) and (e)(2) because there is significant exposure to litigation against the City based on existing facts and circumstances. (One Case.)
F
acts and circumstances related to an accident, disaster, incident, or transactional occurrence that might result in litigation against the City and that are known to a potential plaintiff or plaintiffs
1. 2 Conference with Legal Counsel - Existing Litigation. To meet with legal CM/75/354 Minutes July 22, 2024
counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated. (Two cases)
A
lameda County Taxpayers’ Association Inc, et al. v. Livermore, Alameda County Superior Court Case No. 23CV047436
Alameda County Taxpayers’ Association Inc, et al. v. Livermore, Alameda County Superior Court Case No. 24CV058036
1. 3 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 sale and purchase of real property at Assessor’s Parcel No. 99B -5300-2-13. The City's negotiators may negotiate with Stephen Wawryk and Danielle Davenport on behalf of Western Title Insurance Company. 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 sale and purchase of real property at Assessor’s Parcel No. 903- 10-1. The City's negotiators may negotiate with Stephen Wawryk and Danielle Davenport on behalf of Livermore Venture Partners LP. The instructions will concern price and terms of payment.
1. 5 Conference with Real Property Negotiator. To meet with Paul Spence Assistant Manager and Andy Ross Economic Development Manager, the City’s negotiators pursuant to Government Code section 54956.8, regarding the purchase and sale of real property at Assessor’s Parcel No. 99- 100-19-8. The City's negotiators may negotiate with Joe Owens and Steve Jackson, on behalf of Johnny L. Moore & Brett M. Pieretti. The instructions will concern price and terms of payment.
1. 6 Conference with Real Property Negotiator. To meet with Paul Spence Assistant Manager and Andy Ross Economic Development Manager, the City’s negotiators pursuant to Government Code section 54956.8, regarding the purchase and sale of real property at Assessor’s Parcel No. 99B-5680-14. The City's negotiators may negotiate with Jim Arnold, on behalf of Jeanne Moghadam Trust. The instructions will concern price and terms of payment.
1. 7 Conference with Real Property Negotiator. To meet with Paul Spence Assistant Manager and Andy Ross Economic Development Manager, the City's negotiators pursuant to Government Code section 54956.8, regarding the purchase and sale of real property at Assessor's Parcel Ns. 099B-5500-001-10 and 099B-5500-002-5. The City's negotiators may negotiate with real estate staff members for, and on behalf of, the San Francisco Bay Area Rapid Transit (BART) District. The instructions will concern price and terms of payment.
July 22, 2024 Minutes CM/75/355
_______________________________________________________________ RE
GULAR MEETING
2 . CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 7:02 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 and Evan Branning
A
bsent: Council Member Kiick
P
LEDGE OF ALLEGIANCE
RE
PORT OF ACTION TAKEN IN CLOSED SESSION
C
ity Attorney Jason Alcala said there was no reportable action. 3 . PROCLAMATIONS AND PRESENTATIONS
3.1 Li
vermore Housing Authority annual update presented by Sarah Ramler, Executive Director, Livermore Housing Authority.
S
arah Ramler, Executive Director, Livermore Housing Authority provided an update.
4 . OPEN FORUM
T
he Mayor reordered the agenda moving Open Forum after item 6.2 5 . CONSENT CALENDAR
Ite
ms 5.2 and 5.23 were removed from the Consent Calendar for separate discussion and action.
Ma
yor Marchand opened the public comment period.
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tem 5.15 Aaron Haycraft provided a comment.
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tem 5.15 Cathryn Villasenor provided a comment.
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tem 5.15 Alan Marling provided a comment.
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tem 5.15 Tracy Heskett provided a comment.
I
tem 5.15 Lisa Gemberling provided a comment.
I
tem 5.15 Deborah Gibson provided a comment.
CM/75/356 Minutes July 22, 2024
I
tem 5.15 Nancy Chrisp provided a comment.
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tem 5.15 Amy Rose provided a comment.
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tem 5.15 Doug and Geri Lonnberg provided a comment
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tem 5.15 Greg P. provided a comment.
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tem 5.15 Mel Chiong provided a comment.
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tem 5.15 Caroline Powers Robinson provided a comment.
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tem 5.15 Trish Munro provided a comment.
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tem 5.15 Tracy Kronzak provided a comment.
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tem 5.15 Marilyn Dykstra provided a comment.
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tem 5.15 Judy Sheehan provided a comment.
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tem 5.15 Bianca Covarelli provided a comment.
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tem 5.15 Charles Henze provided a comment.
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tem 5.15 Mark Thomason provided a comment.
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tem 5.15 Kelle Gouveia provided a comment.
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tem 5.15 Dan Pierce provided a comment.
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tem 5.5 Donna Cabanne provided a comment.
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tem 5.5 Jean King provided a comment.
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tem 5.22 Doug Mann 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 COUNCIL MEMBER BRANNING , SECONDED BY VICE MAYOR CARLING AND CARRIED ON A 4- 0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEMS 5.1 AND 5.3-5.22.
O
N THE MOTION OF COUNCIL MEMBER BRANNING, SECONDED BY
COUNCIL MEMBER BARRIENTOS AND CARRIED ON A 3- 0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 5.2. VICE MAYOR CARLING ABSTAINED DUE TO HIS ABSCENSE AT THE MEETING OF JULY 8, 2024.
July 22, 2024 Minutes CM/75/357
ON THE MOTION OF COUNCIL MEMBER BRANNING, SECONDED BY VICE MAYOR CARLING AND CARRIED ON A 3 -0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 5.23. MAYOR MARCHAND
ABSTAINED DUE TO A CONFLICT OF INTEREST.
5.1 A
pproval of draft minutes for June 24, 2024
5.2 A
pproval of draft minutes for July 8, 2024
5.3 Resolution 2024-121 dedicating a Public Utility Easement (PUE) to the public over a portion of City owned land within a portion of Stockmen’s Park and authorizing the City Manager to execute the PUE to serve the designated Commercial Use Areas adjacent to Stockmen’s Park.
5.4 Resolution 2024-122 summarily vacating a portion of public right -of-way along South Livermore Avenue and authorizing execution of quitclaim deeds to accommodate the approved Blacksmith Square Expansion project.
5.5 Resolution 2024-123 authorizing the City Manager to execute the first amendment to the Amended and Restated Disposition, Development, and Loan Agreement between the City of Livermore and 2205 Railroad Avenue LLC for a downtown hotel.
5.6 Resolution 2024-124 authorizing the execution of an agreement with Michael Baker International, Inc. for services to support the administration of the City’s Affordable First -Time Homebuyer Program and Mortgage Assistance Program in a not -to-exceed amount of $400,000, a term ending June 30, 2029, and appropriating $400,000 over five years from the Housing Trust Fund.
5.7 Resolution 2024-125 authorizing the change of the General Partner for 2891 Carmen, L.P., owner of the Carmen Avenue Apartments from Satellite AHA Development, Inc. to ABODEHD 2891 CARMEN LLC, to streamline property management and service delivery.
5.8 Resolution 2024-126 authorizing the execution of a second amendment to the Memorandum of Understanding between the City of Livermore, Alameda County, and Livermore Sanitation, Inc. to modify provisions of collection services to meet compliance with Senate Bill 1383 in the County Collection Zone 1 and to determine no further action under CEQA is required.
5.9 Resolution 2024-127 authorizing the execution of agreements with GSW Construction, Inc. and Platinum Pipeline, Inc. for on-call construction services for City water, sewer, and storm drain systems for a three-year term in an amount not- to-exceed $2,400,000.
5. 10 Resolution 2024-128 awarding and authorizing the execution of an agreement with Environmental Logistics, Inc. for services to remove, clean, and dispose of hazardous and non- hazardous materials for a three- year term in an amount not-to-exceed $775,000.
CM/75/358 Minutes July 22, 2024
5 .11 Resolution 2024-129 appropriating $4,300,000 in Wastewater Enterprise Funds in FY 2024- 25 for the repair and relocation of the Livermore Sole- Use Treated Wastewater Pipeline.
5 .12 Resolution 2024-130 authorizing the issuance of a purchase order to Petersen Cat for a Weiler P65 Paver in an amount not-to-exceed $143,554 and an appropriating $143,554 from the Fleet Internal Service Fund to purchase the Paver.
5 .13 Resolution 2024-131 authorizing execution of an agreement with NFP Retirement, Inc. for consultant services pertaining to the City's Deferred Compensation Plans in an amount not -to-exceed $208,000, and a term ending June 30, 2029.
5 .14 Resolution 2024-132 authorizing the execution of an agreement with Eide Bailly, LLP for auditing services in an amount not -to-exceed $360,000 for fiscal years 2023-24 and 2024-25.
5 .15 Resolution 2024-133 authorizing the execution of Project and Program Grant Agreements with Livermore Pride, Livermore Valley Opera (LVO) and Thomasin Dewhurst Fine Art consistent with the City's Public Art Policy. 5 .16 Resolution 2024-134 authorizing the execution of an agreement with All City Management Services, Inc. to provide crossing guard services for a five-year term, in an amount not-to-exceed $1,516,644.
5 .17 Resolution 2024-135 authorizing acceptance of funds in the amount of $64,074, for a State of California Department of Alcoholic Beverage Control grant in Fiscal Year 2024- 25 and authorizing the City Manager to execute the grant agreement.
5 .18 Resolution 2024-136 establishing fees for a concealed carry weapons (CCW) permit and appropriating $15,000 of the fee revenue to cover the costs to implement the CCW permit program.
5 .19 Resolution 2024-137 authorizing the City Manager to execute all documents and forms for the City to participate in settlement agreements for the National Prescription Opiate Litigation.
5.20 R
esolution 2024-138 rescinding Resolution 170-82 designating Tri-Valley Community Television Corporation as the official body to receive cable television funds.
5.21 R
esolution 2024-139 of continued local emergency in response to impacts from a series of severe storm events last year.
5. 22 Resolution 2024-140 accepting the Altamont Landfill Open Space Committee’s recommendation to expend funds in the amount of $980,000 for the July 22, 2024 Minutes CM/75/359
purchase of Harford Hills Property (82 -acres) in Eastern Alameda County (APNS 902-9-3-1 AND 902-9-3-2).
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esolution 2024-141 finding that the acquis ition of the Hartford Hills Property (82-acres – APNS 902 -9-3-1 AND 902-9-3- 2) is exempt from the provisions of the California Environmental Quality Act.
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esolution 2024-142 authorizing the City Manager to execute a purchase and sale agreement for the acquisition of the Hartford Hills Property (82-acres – APNS 902-9-3-1 AND 902-9-3-2)
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esolution 2024-143 authorizing 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)
5.23 R
esolution 2024-144 authorizing an agreement with Attitude Aviation Inc. for the use of airport property for equipment, materials, and vehicle storage, for a term up to five years and a Base Rental Rate of $21,582 per year.
6. P
UBLIC HEARINGS
T
he Mayor reordered the agenda moving Public Hearings after 7.1
7. M
ATTERS FOR CONSIDERATION
7.1 R
esolution adopting 180 -day wait period exception to hire retired annuitant, Nancy Dias, former Human Resources Manager, in accordance with Government Code section 7522.56 of the Public Employees' Retirement Law.
R
ecommendation: Staff recommend ed that the City Council adopt a resolution approving the hiring of retired annuitant, Nancy Dias, former Human Resources Manager, in accordance with Government Code section 7522.56 of the Public Employees' Retirement Law.
A
cting Human Resources Manager Kristen Hilton presented the staff report.
Ma
yor Marchand opened the public comment period.
T
here were no speakers, and the public comment period was closed.
ON
THE MOTION OF COUNCIL MEMBER BARRIENTOS, SECONDED BY VICE MAYOR CARLING AND CARRIED ON A 4- 0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
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esolution 2024-145 adopting a 180-day wait period exception to hire a retiree in accordance with Government Code sections 7522.56 and 21224 of the Public Employees’ Retirement Law.
CM/75/360 Minutes July 22, 2024
6. PUBLIC HEARINGS
6.1 P
ublic Hearing to consider protests related to the non- payment of solid waste, recycling, and organics handling services provided by Livermore Sanitation for collection on the County Assessor tax roll.
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ecommendation: Staff recommended the City Council hold a Public Hearing to:
1. Consider protests related to the non- payment of solid waste, recycling, and organics services;
2. A
dopt a resolution overruling protests and confirm the 2022 and 2023 assessments if applicable; and,
3. D
irect staff to forward a finalized copy of the assessment report to the County Tax Assessor.
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ecycling Specialist Anna Zamboanga presented the staff report.
Ma
yor Marchand opened the public hearing.
T
here were no speakers, and the hearing was closed.
O
N THE MOTION OF VICE MAYOR CARLING , SECONDED BY COUNCIL MEMBER BARRIENTOS AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
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esolution 2024-146 considering and overruling objections and protests to non- payment of solid waste, recycling, and organics handling services provided by Livermore Sanitation for collection on the County Assessor Tax Roll and confirming assessments.
6.2 H
earing to consider a request for a Vesting Tentative Tract Map, Site Plan Design Review, Development Agreement, Consistency Determination, Conditional Use Permit, Master Sign Program Amendment, and Development Code amendment to develop vacant land located southwest of the Portola Avenue and Isabel Avenue intersection with for-sale residential townhome and condominium units and for -rent apartments with mixed commercial and office uses and a public park and public plazas, known as Isabel Crossing.
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ecommendation: The Planning Commission and staff recommended the City Council take the following actions:
1. Adopt a resolution adopting an Addendum to the Isabel Neighborhood Specific Plan Supplemental Environmental Impact Report, in accordance with the California Environmental Quality Act.
2. I
ntroduce an ordinance and waive the first reading approving Development Code Amendment (DCA) 24-001;
July 22, 2024 Minutes CM/75/361
3. Adopt a resolution approving Specific Plan Amendment (SPPA) 24-001;
4. I
ntroduce an ordinance and waive the first reading approving Development Agreement (DA) 22-001;
5. A
dopt a resolution approving Subdivision (SUB) 22-008, Conditional Use Permit (CUP) 24-002, Site Plan Design Review (SPDR) 24- 003, Master Sign Plan Amendment (MSP) 24-001; the proposed Master Plan; the Alternative Affordable Plan; the requested Density Bonus Waivers and Incentive/Concessions; and the No Net Loss findings;
6. D
irect the Planning Manager to file a Notice of Determination, in accordance with the provisions of the California Environmental Quality Act, subject to Project approval; and
7. D
irect the City Clerk to record the Development Agreement, in accordance with the provisions of the California Government Code, subject to Project approval.
S
enior Planner Jake Potter presented the staff report.
P
roject Attorney Sblend Sblendorio provided a comment.
O
wner’s Representative Bill Myers provided a comment.
Ma
yor Marchand opened the public hearing.
Ka
y King provided a comment.
Jean
King provided a comment.
B
rian Werner provided a comment.
La
ning Thompson provided a comment.
A
lan Burnham provided a comment.
K
atie Marcel provided a comment.
Li
ngagoud Memula provided a comment.
T
rish Munro provided a comment.
D
onna Cabanne provided a comment.
A
lan Marling provided a comment.
T
here were no more speakers, and the hearing was closed.
CM/75/362 Minutes July 22, 2024
ON THE MOTION OF COUNCIL MEMBER BRANNING, SECONDED BY VICE MAYOR CARLING AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL
ADOPTED THE FOLLOWING RESOLUTIONS AND INTRODUCED THE
FOLLOWING ORDINANCES:
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esolution 2024-147 adopting an addendum to the 2020 Isabel Neighborhood Specific Plan Supplemental Environmental Impact Report for the Isabel Crossing Project.
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esolution 2024-148 approving Specific Plan Amendment 24-001, for the Isabel Crossing project, that would amend the Isabel Neighborhood Specific Plan’s Master Planning and Inclusionary Policies and amend the Land Use Map.
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esolution 2024-149 approving Vesting Tentative Tract Map (VTTM) 8659 – Subdivision (SUB) 22-008, Site Plan Design Review (SPDR) 24-003, Conditional Use Permit (CUP) 24-002, and Master Sign Program Amendment (MSP) 24-001; the Density Bonus Request; the No Net Loss analysis; the Proposed Master Plan; and the Proposed Alternative Affordable Plan for the Isabel Crossing Project.
O
rdinance introduced approving Development Code Amendment 24-001, for the Isable Crossing Project, that would amend the Alternate Means of Compliance and Affordability requirements in Livermore Development Code Section 10.06.050 (“Inclusionary Ordinance”)
O
rdinance introduced approving Development Agreement (DA) 22-001 with Isabel Portola Owner LLC, for the Isable Crossing Project, that would vest development rights for 20 years, provide financial certainty for the applicant, and secure a range of Community Benefits for the City of Livermore.
4. O
PEN FORUM
M
ayor Marchand opened the public comment period.
A
lan Marling provided a comment.
D
onna Cabanne provided a comment.
Jean
King provided a comment.
J
oe provided a comment.
Jan
et Murray provided a comment.
T
here were no more speakers, and the public comment period was closed.
8. CO
UNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
July 22, 2024 Minutes CM/75/363
THE 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.
A
lameda County Agricultural Advisory Committee (AAC), Trails Subcommittee, Council Member Barrientos noted his attendance at the meeting on July 15, 2024
F
ree Range Flower Winery, Council Member Branning noted his attendance at the ribbon cutting on July 11, 2024.
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ri-Valley NonProfit Alliance (TVNPA) Council Member Branning noted his attendance at the check cashing event on July 11, 2024.
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PARC Theater, Vice Mayor Carling noted his attendance at the performance of Twelfth Night at Darcy Kent Winery on Friday July 19, 2024 , and encouraged others to attend.
9 . ADJOURNMENT – at 10:13 pm to a Regular City Council Meeting on Monday, September 9, 2024 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.
APPROVED:
J OHN P. MARCHAND, MAYOR
ATTEST: ___
D EBORAH L. ELAM, ACTING CITY CLERK