SEPTEMBER 9, 2024 Minutes CM/75/364
MINUTES
CITY
COUNCIL
SEPTEMBER 9, 2024
________________________________________________________________ REGUL
AR MEETING
1. NONE
2. CALL T
O ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 7:13 pm, held in person at 1016 S. Livermore Avenue and YouTube.
ROLL
CALL – Present: Mayor John Marchand, Vice Mayor Robert W. Carling, and Council Members, Ben Barrientos, Evan Branning, and Brittni Kiick.
PLE
DGE OF ALLEGIANCE
3. PROCL
AMATIONS AND PRESENTATIONS – NONE
4. OPEN F
ORUM
Mayo
r Marchand opened the public comment period.
Ala
n Marling provided a comment.
David
McGuigan provided a comment.
Marti
Sutton provided a comment.
Gre
g Scott provided a comment.
There
were no more speakers, and the public comment period was closed.
5. CONSE
NT CALENDAR
Mayor
Marchand opened the public comment period.
Item
5.1 David McGuigan provided a comment.
Item
5.2 Greg Scott provided a comment.
Item
s 5.2, 5.8, and 5.14 Jean King provided a comment.
There
were no more speakers, and the public comment period was closed.
CM/75/365 Minutes SEPTEMBER 9, 2024
ON THE
MOTION OF COUNCIL MEMBER BRANNING , SECONDED BY VICE
MAYOR CARLING, AND CARRIED ON A 4- 0 VOTE THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 5. 1. COUNCIL MEMBER KIICK ABSTAINED DUE TO HER ABSENCE AT THE MEETING OF JULY 22, 2024.
ON THE
MOTION OF COUNCIL MEMBER BARRIENTOS , SECONDED BY
COUNCIL MEMBER BRANNING, AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEMS 5.2-5.16.
5.1 Approv
al of draft minutes for July 22, 2024
5.2 Adopti
on of O rdinance 2160 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
Adopti
on of Ordinance 2161 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.
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.
Ordi
nance introduced amending Title 1, Chapter 1.28, Conflict of Interest Code, of the Livermore Municipal Code to update disclosure categories and amend Appendix A.
5.4 Resolution 2024-150 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.
5.5 Resolution 2024-151 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.
5.6 Resolution 2024-152 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 SEPTEMBER 9, 2024 Minutes CM/75/366
Secondary Treatment Improvement Project 2019-31 and the WRP UV Treatment System Replacement Project 2021- 28 and as needed on- call construction inspection services.
5.7 Resolution 2024-153 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).
5.8 Resolution 2024-154 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.
5.9 Resolution 2024-155 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.
5.10 R
esolution 2024-156 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.
5.11 R
esolution 2024 -157 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.
5.12 R
esolution 2024-158 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.
5.13 R
esolution 2024-159 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.
5.14 Re
solution 2024-160 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 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.
5.15 R
esolution 2024-161 authorizing the issuance of a purchase order for three replacement Chevrolet Police Patrol Vehicles from Winner Chevrolet in an amount CM/75/367 Minutes SEPTEMBER 9, 2024
not-to-exceed $220,707.
5.16 Re
solution 2024-162 terminating local emergency in response to impacts from a series of severe storm events last year.
6. PUBLI
C HEARINGS
6.1 Hea
ring 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.
Rec
ommendation: Staff recommended the 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.
Deputy
Fire Chief Ryan Rucker presented the staff report.
Mayo
r Marchand opened the public hearing.
There w
ere no, and the hearing was closed.
ON THE
MOTION OF VICE MAYOR CARLING , SECONDED BY COUNCIL
MEMBER BARRIENTOS AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Res
olution 2024 -163 overruling protests and confirming assessment – Fire Hazard Abatement.
6.2 Hea
ring 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.
Rec
ommendation: 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;
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 SEPTEMBER 9, 2024 Minutes CM/75/368
execution of Development Agreement Amendment (DAA) 24-001.
Ass
istant Planner Kaityln Harrison presented the staff report.
Mich
ael Keaney, Director of Forward Planning Trumark Homes LLC. provided a comment.
Garrett Hinds, Vice President of Architecture and Design Trumark Homes LLC. provided a comment.
Mayo
r Marchand opened the public hearing.
Jea
n King provided a comment.
Connie
Kopps provided a comment.
There
were no more speakers, and the hearing was closed.
ON TH
E MOTION OF VICE MAYOR CARLING, SECONDED BY COUNCIL
MEMBER KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL
ADOPTED THE FOLLOWING RESOLUTIONS AND INTRODUCED THE
FOLLOWING ORDINANCES:
Res
olution 2024 -164 adopting the Arroyo Vista Neighborhood Project 2024 Addendum to the Arroyo Vista Neighborhood Plan Initial Study Mitigated Negative Declaration (IS/MND), as amended by the2017 Addendum for the Arroyo Vista Residential Neighborhood Development.
Res
olution 2024-165 approving Specific Plan Amendment 24-002, for the Arroyo Vista Residential Development to remove the Arroyo Vista Neighborhood Plan’s bridge requirement and amend figures to remove the bridge.
Res
olution 2024-166 approving Site Plan Design Review Modification (SPDRM) 24-002 subject to Conditions of Approval for the Arroyo Vista Neighborhood Development.
Ordi
nance introduced authorizing execution of Planned Development Amendment (PD) 24-001
Ordi
nance introduced authorizing execution of Development Agreement Amendment (DAA) 24-001.
7. MATT
ERS FOR CONSIDERATION
7.1 Desig
nation of voting delegate and alternates for the 2024 League of California Cities General Assembly.
Rec
ommendation: Staff recommended the City Council appoint one voting delegate and up to two alternates to represent the City of Livermore at the 2024 CM/75/369 Minutes SEPTEMBER 9, 2024
League of California Cities General Assembly.
Mayo
r Marchand opened the public comment period.
There w
ere no speakers, and the public comment period was closed.
ON TH
E MOTION OF MAYOR MARCHAND, SECONDED BY VICE MAYOR
CARLING AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPOINTED COUNCIL MEMBER BRANNING AS THE VOTING DELEGATE.
ON TH
E MOTION OF MAYOR MARCHAND, SECONDED BY COUNCIL
MEMBER BRANNING AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL
APPOINTED VICE MAYOR CARLING AS THE ALTERNATE VOTING
DELEGATE
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.
Liver
more Police Department, Vice Mayor Carling noted his attendance at a ride along with the Homeless Liaison Officers on August 29, 2024.
Cit
y of Livermore, Vice Mayor Carling noted his attendance at the climate meeting on September 4, 2024.
Open
Heart Kitchen, Vice Mayor Carling noted his attendance at the benefit event on September 6, 2024.
City
Council directed staff to r econfigure the City of Livermore and City of Pleasanton Liaison meeting, the City of Livermore and City of Dublin Liaison meeting, and the Intergovernmental meeting between the City of Livermore, Livermore Area Park and Recreation District, and the Livermore Valley Joint Unified School District to make them collaborative.
Cit
y Council directed staff to add an item to a future agenda to provide an opportunity for the City Council to discuss the City Council compensation.
9. ADJOURNM
ENT – at 8:35 pm in memory of Lee Horner 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.
SEPTEMBER 9, 2024 Minutes CM/75/370
APPROVED
:
JOHN P . MARCHAND, MAYOR
ATTES
T:
DEBOR AH L. ELAM, ACTING CITY CLERK