CITY COUNCIL
AGENDA
MONDAY, SEPTEMBER
9, 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
September
9, 2024
1. CLOSED SESSION - NONE.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS - NONE.
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).
5.1 Approval of draft minutes - July 22, 2024 Regular Meeting
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. DRAFT 2024-07-22
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
September
9, 2024
5.2 Adoption of two ordinances implementing the Isabel Crossing project, approving Development Code Amendment (DCA) 24-001 and Development Agreement (DA) 22-001.
Recommendation:
Staff recommends the City Council take the following actions:
1 .
Adopt an ordinance
approving Development Code Amendment (DCA) 24-001, for the Isabel Crossing Project, that would amend the alternative means of compliance and affordability requirements in Livermore Development Code Section 10.06.050; and 2 .
Adopt an ordinanc
e approving Development Agreement (DA) 22-001 with Isabel Portola Owner LLC, for the Isabel 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.
Staff Report
Attachments:
1. Ordinance - Development Code Amendment
2. Exhibit A - PC Development Code Amendment Resolution
3. Exhibit B - Livermore Development Code Text Amendment
4. Ordinance - Development Agreement
5. Exhibit A - PC Development Agreement Resolution
6. Exhibit B - Development Agreement
5.3 Introduce an ordinance and waive the first reading revising Municipal Code Chapter 1.28 related to the Conflict of Interest Code - Biennial Notice to revise reporting categories and add or remove positions as appropriate.
Recommendation:
Staff recommends the City Council accept the 2024 Local Agency Biennial Notice, introduce
an ordinance,
and waive the first reading revising Municipal Code Chapter 1.28, Conflict of Interest Code, to revise reporting categories and add or remove positions to align with updates to the City’s salary schedule.
Staff Report
Attachments:
1. 2024 Local Agency Biennial Notice
2. Redlined 2024 Conflict of Interest Code
3. Ordinance
4. Exhibit A - Appendix A
5.4 Resolution authorizing the City Manager to execute a fourth amendment to the agreement with Swaim Biological, Inc. for on-call environmental support services, for the City's Stream Maintenance Program and other projects, until December 31, 2025, increasing the not-to- exceed agreement amount from $1,200,000 to $1,450,000.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a fourth amendment to the agreement with Swaim Biological, Inc. for on-call environmental support services, for the City's Stream Maintenance Program and other projects until
Livermore City Council Agenda
September
9, 2024
December 31, 2025, increasing the not-to-exceed agreement amount from $1,200,000 to $1,450,000.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Fourth Amendment
5.5 Resolution authorizing execution of a second amendment to the agreement with HMH Engineers for on-call engineering services, increasing the not-to-exceed agreement amount from $1,200,000 to $1,800,000, and extending the term of the agreement to December 31, 2027 to continue to provide engineering services for various capital improvements program projects, including, but not limited to, the Street Resurfacing 2022 Project 2022-01, the Arroyo Rd Trail T-13 Segment B Project 2019-55, and the Vasco Widening Project 2018-37.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a second amendment to the agreement with HMH Engineers for on-call engineering services, increasing the not-to-exceed agreement amount from $1,200,000 to $1,800,000, and extending the term of the agreement to December 31, 2027 to continue to provide engineering services for various capital improvements program projects, including, but not limited to, the Street Resurfacing 2022 Project 2022-01, the Arroyo Rd Trail T-13 Segment B Project 2019- 55, and the Vasco Widening Project 2018-37.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Second Amendment
5.6 Resolution authorizing execution of the first amendment to the agreement with 4 LEAF, Inc. increasing the not-to-exceed amount from $546,000 to $1,221,000 and extending the term of the agreement from June 30, 2025 to December 31, 2026, to provide continuous construction inspection and administration services for the Water Reclamation Plant (WRP) Primary and Secondary Treatment Improvement Project 2019-31 and the WRP UV Treatment System Replacement Project 2021-28 and as needed on-call construction inspection services.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a first amendment to the engineering services agreement with 4 LEAF, Inc. increasing the not- to-exceed amount from $546,000 to $1,221,000 and extending the term of the agreement from June 30, 2025 to December 31, 2026, to provide continuous construction inspection and administration services for the Water Reclamation Plant (WRP) Primary and Secondary Treatment Improvement Project 2019-31 and the WRP UV Treatment System Replacement Project 2021-28 and
as needed on-call construction inspection services.
Staff Report
Attachments:
1. Site Plan
Livermore City Council Agenda
September
9, 2024
2. Resolution
3. Exhibit A - First Amendment
5.7 Resolution authorizing execution of an agreement with HMH Engineers, in an amount not-to- exceed $361,000 and a term ending December 31, 2026, to provide engineering services for Portola Avenue Slide Repair Project S202300P, Subtask S230042C, Federal Project No. ER- 15J7(107).
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with HMH Engineers, in an amount not-to-exceed $361,000 and a term ending December 31, 2026, to provide engineering services for Portola Avenue Slide Repair Project S202300P, Subtask S230042C, Federal Project No. ER-15J7(107).
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - Agreement
5.8 Resolution approving Final Tract Map 8689 Arroyo Vista (Phase 2), authorizing execution of a Subdivision Improvement Agreement for the Arroyo Vista Project located on the east side of the Arroyo Seco Channel along Las Positas Road, and accepting on behalf of the public all real property offered for dedication within Final Tract Map 8689 except for certain easements which 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 8689 for recording,
3 .
Approving and authorizing execution of the Subdivision Improvement Agreement for Tract 8689
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 Tract Map 8689 in conformance with the terms of the offer, except for the following:
Public Utility Easement (P.U.E), Public Water Line Easement (W.L.E), and Public Sanitary Sewer Easement (S.S.E.), Parcel V (Fontana Street, Dolcetto Loop and Tarrango Street), Las Positas Road and Bennett Drive Street Dedications, and Emergency Vehicle Access Easement (E.V.A.E.) which the Council rejects at this time, reserving the right to accept the offer at a future date.
Staff Report
Attachments:
1. Vicinity Map
2. Resolution
3. Exhibit A - Final Tract Map 8689
4. Exhibit B - Subdivision Improvement Agreement
Livermore City Council Agenda
September
9, 2024
5.9 Resolution approving a request to the Metropolitan Transportation Commission for the allocation of $436,280 from FY 2024-25 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding to the Livermore Arroyo Road Trail Project 2019-55.
Recommendation:
Staff recommends the City Council adopt a resolution approving a request to the Metropolitan Transportation Commission (MTC) for the allocation of $436,280 from FY 2024-25 Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Project Funding to the Livermore Arroyo Road Trail Project 2019-55.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - TDA Article 3 Project Application Findings
3. Exhibit B - TDA Article 3 Project Application Form and Attachments
5.10 Resolution authorizing execution of lease agreements with New Cingular Wireless PCS, LLC for the construction and maintenance of telecommunications facilities on City property located at 2705 Ames Street and 3663 Pacific Avenue.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute lease agreements with New Cingular Wireless PCS, LLC for the construction and maintenance of wireless telecommunications facilities on City property located at 2705 Ames Street and 3663 Pacific Avenue.
Staff Report
Attachments:
1. Location Map 2705 Ames Street
2. Location Map 3663 Pacific Ave
3. Resolution
4. Exhibit A - Lease Agreement 2705 Ames Street
5. Exhibit B - Lease Agreement 3663 Pacific Avenue
5.11 Resolution authorizing supplemental appropriations of carry-over budgets, $41,332 from the Traffic Impact Fee Fund 510 and $25,278 from the Park Fee - AB 1600 Fund 512, to complete the Traffic Impact Fee and Park Facility Fee Nexus Studies.
Recommendation:
Staff recommends City Council adopt a resolution authorizing supplemental appropriations of carry-forward budgets, $41,332 from the Traffic Impact Fee Fund 510 to the FY 2024-25 engineering operating budget to complete the Traffic Impact Fee Nexus Study and $25,278 from the Park Fee - AB 1600 Fund 512, to the FY 2024-25 engineering operating budget to complete the Park Facility Fee Nexus Study.
Staff Report
Attachments:
1. Resolution
Livermore City Council Agenda
September
9, 2024
5.12 Resolution authorizing the execution of a second amendment to the Standard Services Agreement with the County of Alameda for Tri-Valley Shelter Programs operating subsidies to extend the term through June 30, 2025.
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Authorizing the City Manager, or her designee, to execute the Second Amendment to the Standard Services Agreement with the County of Alameda, attached hereto as Exhibit A, to extend the term of the Standard Services Agreement through June 30, 2025.
2 .
Authorizing the City Manager, or her designee, to execute all subsequent amendments to the Standard Services Agreement with the County of Alameda that extend the term of the Standard Services Agreement beyond June 30, 2025, so that the City and subrecipients may expend remaining HHAP funds.
3 .
Authorizing the City Manager, or her designee, to sign all documents related to the execution of grant agreements and, as appropriate, amended grant agreements with agencies receiving allocations of HHAP Rounds 3 and 4 funds from the City of Livermore, including agreements and amended agreements with agencies in amounts exceeding $200,000, consistent with the requirements of the Standard Services Agreement and all amendments thereto.
4 .
Authorizing the City Manager, or her designee, 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 attached hereto as Exhibit A.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Second Amendment
5.13 Resolution authorizing the execution of an Inter-Governmental Collaboration Agreement with the County of Alameda and Alameda County Cities and Housing Authorities for the completion of the Assessment of Fair Housing. The total agreement amount is $86,885 and the City’s share of the agreement cost is approximately $2,000.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the execution an Inter- Governmental Collaboration Agreement with the County of Alameda and Alameda County Cities and Housing Authorities for the completion of the Assessment of Fair Housing. The total agreement amount is $86,885 and the City’s share of the agreement cost is approximately $2,000.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement
5.14 Resolution authorizing the submission of an application to the State of California Housing and Community Development Department’s Local Housing Trust Fund (LHTF) Program in an
Livermore City Council Agenda
September
9, 2024
amount not-to-exceed $5,000,000 for development phase 2 of the Pacific Avenue Senior Apartments, execution of an agreement with the State of California, and certification for expenditure of funds.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing:
1 .
If City (the “Applicant) receives an award of LHTF funds from the Department pursuant to the Notice of Funding Availability (“NOFA”) dated July 9, 2024 under the LHTF Program, it represents and certifies that it will use all such funds on Eligible Projects in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including, without limitation, all rules and laws regarding the LHTF Program, as well as any and all contracts Applicant may have with the Department (“Eligible Project”);
2 .
The City of Livermore Affordable Housing Trust Fund to act as the manager or trustee (as applicable) in connection with the Department's funds to Eligible Projects pursuant to the NOFA in an amount not to exceed $5,000,000 (the "LHTF Award"), including administrative costs, pursuant to Section 105(b) of the LHTF Program Guidelines; 3 .
Agreement to match on a dollar-for-dollar basis the LHTF Award pursuant to Guidelines Section 104. Applicant hereby agrees to utilize matching funds on a dollar-for-dollar basis for the same Eligible Project for which Program Funds are used, as required by HSC Section 50843.5(c);
4 .
Pursuant to Exhibit A of the Resolution, the LHTF funds will be expended only for Eligible Projects and consistent with all program requirements. 5 .
Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, H&S Section 50842.2 et seq. and LHTF Program Guidelines; 6 .
The City Manager, or her designee, is authorized to execute the LHTF Program Application, the LHTF Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the LHTF Award to Applicant, as the Department may deem appropriate; and, 7 .
The City Manager, or her designee, to issue a Letter(s) of Intent, as defined by the State, to Eligible Projects to provide funding if awarded by the State.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Summary of Local Housing Trust Fund Projects
5.15 Resolution authorizing the issuance of a purchase order for three replacement Chevrolet Police Patrol Vehicles from Winner Chevrolet in an amount not-to-exceed $220,707.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing issuance of a purchase order to Winner Chevrolet in Sacramento, California for the purchase of three replacement Chevrolet Police Patrol Vehicles under Statewide Contract #1-22-23-23D for a not-to-exceed amount of $220,707.
Staff Report
Attachments:
Livermore City Council Agenda
September
9, 2024
1. Winner Chevrolet Statewide Contract
2. Winner Chevrolet Quote
3. Resolution
5.16 Resolution terminating local emergency in response to impacts from a series of severe storm events last year.
Recommendation:
Staff recommends the City Council adopt a resolution terminating local emergency in response to impacts from a series of severe storm events last year.
Staff Report
Attachments:
1. Resolution
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 protests related to the annual fire hazard abatement program and confirm the 2024 Weed Abatement Program assessments for collection on the County Assessor tax roll.
Recommendation:
Staff recommends City Council consider all protests, and if Council finds appropriate, adopt a resolution overruling protests and confirming the 2024 weed abatement assessments and direct staff to file a certified copy of the assessment report with the County Auditor.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - 2024 Weed Abatement Assessments
6.2 Hearing to consider a request for a Specific Plan Amendment, Planned Development, Site Plan Design Review Modification, and Development Agreement Amendment to modify the 2017 approval for the Arroyo Vista Residential Project to increase the height of the single family detached units from two stories to three stories, remove a pedestrian bridge requirement, and secure community benefits including pocket parks and a financial contribution.
Recommendation:
The Planning Commission and staff recommend the City Council:
1 .
Adopt a resolution certifying the 2024 Arroyo Vista Neighborhood Project Addendum to the Arroyo Vista Neighborhood Plan Initial Study Mitigated Negative Declaration [IS/MND], as amended by the 2017 Addendum for the Arroyo Vista Residential Development,
2 .
Adopt a resolution approving Specific Plan Amendment (SPPA) 24-002;
Livermore City Council Agenda
September
9, 2024
3 .
Adopt a resolution approving Site Plan Design Review Modification (SPDRM) 24-002; 4 .
Introduce an ordinance
and waive the first reading authorizing execution of Planned Development Amendment (PD) 24-001; and
5 .
Introduce an ordinance
and waive the first reading authorizing execution of
Development Agreement Amendment (DAA) 24-001.
Staff Report
Attachments:
1. Memo - Staff Analysis - Arroyo Vista
2. Location Map
3. Planning Commission Meeting Minutes
4. Resolution - CEQA
5. Exhibit A - Planning Commission CEQA Resolution
6. Exhibit B - 2017 Addendum
7. Exhibit C - MMRP
8. Exhibit D - Arroyo Vista Addendum
9. Resolution - Specific Plan Amendments
10. Exhibit A - Planning Commission Project Approval Resolution
11. Exhibit B - Specific Plan Amendments
12. Resolution - Project
13. Exhibit A - Planning Commission Project Resolution
14. Exhibit B - Proposed Plans
15. Exhibit C - Conditions of Approval
16. Ordinance - Planned Development
17. Exhibit A - Planning Commission Project Approval Resolution
18. Exhibit B - Planned Development Text Amendment
19. Ordinance - Development Agreement Amendment
20. Exhibit A - Planning Commission Project Approval Resolution
21. Exhibit B - Development Agreement Amendment
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 Designation of voting delegate and alternates for the 2024 League of California Cities General Assembly.
Recommendation:
Staff recommends the City Council appoint one voting delegate and up to two alternates to represent the City of Livermore at the 2024 League of California Cities General Assembly.
Staff Report
Attachments:
1. 2024 Cal Cities Voting Delegate Information Packet
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS
Livermore City Council Agenda
September
9, 2024
9. ADJOURNMENT
To a Regular City Council meeting on Monday, September 23, 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 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
Livermore City Council Agenda
September
9, 2024
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
September
9, 2024