CITY COUNCIL
AGENDA
MONDAY, SEPTEMBER 23, 2024
REGULAR MEETING –
7:00 PM
LIBRARY SUMMER READING AWARDS - 6:00 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 23, 2024
1. LIBRARY SUMMER READING AWARDS - 6:00 pm
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 - September 9, 2024 Regular Meeting
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. DRAFT 2024-09-09
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 23, 2024
5.2 Adoption of an ordinance revising Municipal Code Chapter 1.28 Conflict of Interest Code
to
revise reporting categories and add or remove positions as appropriate.
Recommendation:
Staff recommends the City Council
adopt an ordinance
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. Redlined 2024 Conflict of Interest Code
2. Ordinance
3. Exhibit A - Appendix A
5.3 Adoption of two ordinances authorizing execution of Planned Development Amendment - Residential (PD) 24-001 and Development Agreement Amendment (DAA) 24-001 for the Arroyo Vista Residential Project.
Recommendation:
Staff recommends the City Council
adopt the following ordinances:
1 .
Ordinance authorizing Planned Development Amendment - Residential (PD) 24-001; and
2 .
Ordinance authorizing execution of Development Agreement Amendment (DAA) 24- 001.
Staff Report
Attachments:
1. Ordinance - PD 24-001
2. Exhibit A - Planning Commission Resolution - Project Approval
3. Exhibit B - Planned Development Text Amendment
4. Ordinance - DAA 24-001
5. Exhibit A - Planning Commission Resolution- Project Approval
6. Exhibit B - Development Agreement Amendment
5.4 Introduce an ordinance and waive the first reading for combining and amending Municipal Code Chapter 3.40
Claims Administration
and Chapter 3.42
Claims and Demands Against the
City
for the processing of claims against the City for money and damages, and delegating settlement authorities.
Recommendation:
Staff recommends the City Council
introduce an ordinance
and waive the first reading for
combining and amending Municipal Code Chapter 3.40
Claims Administration
and Chapter
3.42 Claims and Demands Against the City
for the processing of claims against the City for
money and damages, and delegating settlement authorities.
Staff Report
Attachments:
1. Redline Changes to Existing Ordinance
Livermore City Council Agenda
September 23, 2024
2. Ordinance
3. Exhibit A - LMC Chapter 3.40
5.5 Resolution authorizing acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the Montage Trail Connection to Collier Canyon Road Project 2019-44.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing acceptance for permanent maintenance, release of the security bonds, and authorizing the City Manager to sign the Notice of Completion for the Montage Trail Connection to Collier Canyon Road Project 2019-
44. Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - Notice of Completion
5.6 Resolution authorizing execution of first amendments to the agreements with Daniel B. Valiao and East Bay Municipal Consulting, LLC for on-call engineering map and plan review services for development projects and capital improvement projects, increasing the not-to-exceed amounts of each agreement from $400,000 to $800,000 and extending the contract terms through December 31, 2026.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute first amendments to the agreements with Daniel B. Valiao and East Bay Municipal Consulting, LLC for on-call engineering map and plan review services for development projects and capital improvement projects, increasing the not-to-exceed amounts of each agreement from $400,000 to $800,000 and extending the contract terms through December 31, 2026.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - First Amendment with Daniel B. Valiao
3. Exhibit B - First Amendment with East Bay Municipal Consulting
5.7 Resolution authorizing execution of on-call utility engineering services agreements with Carollo Engineers, Inc., HDR Engineering, Inc., and Schaaf & Wheeler in amounts not-to- exceed $500,000 each with terms ending December 31, 2027.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing execution of on-call utility engineering services agreements with Carollo Engineers, Inc., HDR Engineering, Inc., and Schaaf & Wheeler in amounts not-to-exceed $500,000 each with terms ending December 31, 2027.
Livermore City Council Agenda
September 23, 2024
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Carollo Engineers, Inc. Agreement
3. Exhibit B - HDR Engineering, Inc. Agreement
4. Exhibit C - Schaaf & Wheeler Agreement
5.8 Resolution approving the list of pre-qualified contractors to bid the Flagpole Plaza Project 2022-25 including Robert A. Bothman, Inc., McGuire and Hester, Golden Bay Construction, Inc., and GradeTech Inc.
Recommendation:
Staff recommends the City Council adopt a resolution approving the list of pre-qualified contractors to bid the Flagpole Plaza Project 2022-25, including Robert A. Bothman, Inc., McGuire and Hester, Golden Bay Construction, Inc., and GradeTech Inc.
Staff Report
Attachments:
1. Site Map
2. Resolution
5.9 Resolution authorizing an agreement with the Livermore Valley Joint Unified School District (LVJUSD) for Horizons Family Counseling to provide school-based mental health related services for LVJUSD students and their families on designated LVJUSD school campuses with a not-to-exceed amount of $304,500 and a term ending December 31, 2026.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with the Livermore Valley Joint Unified School District for Horizons Family Counseling to provide school-based mental health related services to LVJUSD students and their families with a not-to-exceed amount of $304,500 and a term ending December 31, 2026.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement
5.10 Resolution amending the City of Livermore Salary Plan dated October 2024 to reflect salary increases for the Association of Livermore Employees (ALE) as previously approved in ALE's
Memorandum of Understanding (MOU) effective October 7, 2024, and retitling and moving the
Assistant Administrative Services Director, Assistant City Attorney, and Deputy City Attorney classifications to Management Confidential.
Recommendation:
Staff recommends the City Council adopt a resolution amending the City of Livermore Salary Plan dated October 2024 to reflect salary increases in accordance with California Code of Regulations, Title 2, Section 570.5 for the Association of Livermore Employees and retitling
Livermore City Council Agenda
September 23, 2024
and moving the Assistant Administrative Services Director, Assistant City Attorney, and Deputy City Attorney classifications to Management Confidential.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Salary Plan effective October 2024
6. PUBLIC HEARINGS - NONE.
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. MATTERS FOR CONSIDERATION - NONE.
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).
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS
9. CLOSED SESSION
Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
Note: This Closed Session my be continued to the end of the Regular Meeting.
9.1 Conference with Legal Counsel - Anticipated Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(4) to decide whether to initiate litigation based on existing facts and circumstances. (Two cases)
9.2 Conference with Legal Counsel - Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated. (One case)
Move Eden Housing v. City of Livermore, Alameda County Superior Court Case No. 22CV015399; First District Court of Appeals Case No. A167346
10. ADJOURNMENT
To a Regular City Council meeting on Monday, October 14, 2024 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.
11. SUPPLEMENTAL MATERIALS
11.1 Supplemental materials received prior to the meeting.
REPORT OF ACTION TAKEN IN CLOSED SESSION
Livermore City Council Agenda
September 23, 2024
Staff Report
Attachments:
8.0 Council Reports
12. 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 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
Livermore City Council Agenda
September 23, 2024
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 23, 2024