CITY COUNCIL
AGENDA
MONDAY, OCTOBER 14, 2024
REGULAR MEETING –
7:00 PM
CLOSED SESSION - 5:00 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
October 14, 2024
1. CLOSED SESSION - 5:00 PM
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.
1.1 Public Employee Performance Evaluation. Annual evaluation of City Attorney, pursuant to Government Code section 54957.
1.2 Public Employee Performance Evaluation. Annual evaluation of City Manager, pursuant to Government Code section 54957.
1.3 Conference with Labor Negotiators. To meet with Mayor Marchand and Vice-Mayor Carling the City’s negotiators, pursuant to Government Code section 54957.6 regarding negotiations for salary and compensation for Unrepresented Employee – City Attorney.
1.4 Conference with Labor Negotiators. To meet with Mayor Marchand and Vice-Mayor Carling, the City’s negotiators, pursuant to Government Code section 54957.6 regarding negotiations for salary and compensation for Unrepresented Employee – City Manager.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Proclamation declaring October 2024 as Bullying Prevention Month, presented to Dr. Torie Gibson, Superintendent of Schools, Livermore Valley Joint Unified School District.
Recommendation:
Staff recommends City Council declare October 2024 as Bullying Prevention Month.
Staff Report
Attachments:
1. Proclamation
4. OPEN FORUM
In conformance with the Brown Act, no City Council action can occur on items presented during Open Forum.
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
REPORT OF ACTION TAKEN IN CLOSED SESSION
Livermore City Council Agenda
October 14, 2024
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 23, 2024 Regular Meeting
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. DRAFT 2024-09-23
5.2 Adoption of an ordinance 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
adopt an ordinance
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
2. Ordinance
3. Exhibit A - LMC Chapter 3.40
5.3 Resolution authorizing a second amendment to the agreement with ARC Engineering Consultants, Inc. for on-call engineering services, increasing the not-to-exceed agreement
Livermore City Council Agenda
October 14, 2024
amount from $200,000 to $300,000 with a term ending December 30, 2025, to continue to provide engineering services for various as needed capital improvement projects, including Collier Canyon Creek Project 2017-27, Bridge Rehabilitation Project 2022-19, and Vasco Road/I-580 Interchange Project 1993-52.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a second amendment to the agreement with ARC Engineering Consultants, Inc. for on-call engineering services, increasing the not-to-exceed agreement amount from $200,000 to $300,000 with a term ending December 30, 2025, to continue to provide engineering services for various as needed capital improvement projects, including, Collier Canyon Creek Project 2017-27, Bridge Rehabilitation Project 2022-19, and Vasco Road/I-580 Interchange Project 1993-52.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Second Amendment
5.4 Resolution finding the Livermore Active Transportation Plan - 2024 Interim Update is exempt from the provisions of the California Environmental Quality Act and approving the Livermore Active Transportation Plan – 2024 Interim Update.
Recommendation:
Planning Commission and staff recommend the City Council adopt a resolution finding the Livermore Active Transportation Plan – 2024 Interim Update is exempt from the provisions of the California Environmental Quality Act and approving the Livermore Active Transportation Plan – 2024 Interim Update, which contains information on projects completed since 2018 and updated cost estimates.
Staff Report
Attachments:
1. Planning Commission Reso 12-24, Interim ATP CEQA
2. Planning Commission Reso 13-24, Interim ATP
3. Planning Commission 06-04-2024 Approved Minutes
4. Resolution
5. Exhibit A - Livermore Active Transportation Plan - 2024 Interim Update
5.5 Resolution approving an exception to the Livermore Municipal Code bidding requirements and authorizing sole sourcing of specific brands of equipment and instruments for the construction of the Flagpole Plaza Project 2022-25.
Recommendation:
The City Engineer recommends the City Council adopt a resolution:
1 .
Authorizing sole sourcing specific brands of equipment and instruments for the construction of the Flagpole Plaza Project 2022-25,
2 .
Approving, per the recommendation of the City Engineer, an exception to the bidding requirement contained in Livermore Municipal Code Section 2.68.550(C), because there
Livermore City Council Agenda
October 14, 2024
is no competitive advantage to be gained by inviting bids and the City Engineer has determined that the supplies and equipment are unique and available from a sole source, and
3 .
Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of the resolution.
Staff Report
Attachments:
1. Project Location
2. Resolution
5.6 Resolution authorizing the execution of a Standard Agreement with the State of California for $280,769 in Family Homelessness Challenge Grant Program funds and authorizing the execution of grant agreements with subgrantees to appropriate these funds.
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Accepting the Family Homelessness Challenge Grant Program Round 2 funds in the total amount of $280,769;
2 .
Authorizing the City Manager to execute the Standard Agreement with the State of California, and all other related documents authorized and described in that agreement, and all amendments thereto;
3 .
Authorizing the City Manager to appropriate the funds received from the State for the program subgrantees; and
4 .
Authorizing the City Manager to execute all documents related to the issuance of the funds, including grant agreements with subgrantees that will receive allocations of Family Homelessness Challenge Grant funds.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Standard Agreement
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 introduce an ordinance and waive the first reading amending Livermore Development Code Section 11.01.020 definition of “Public and quasi-public” use to include emergency shelters and supportive housing associated with another public or quasi-public use.
Recommendation:
The Planning Commission and staff recommend the City Council:
1 .
Adopt a resolution finding the project is exempt under the California Environmental Quality Act, CEQA Guidelines Section 15061(b)(3) that the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for
Livermore City Council Agenda
October 14, 2024
causing a significant effect on the environment; and
2 .
Introduce an ordinance
and waive the first reading, approving Development Code Amendment (DCA)
24-003 to
amend Livermore Development Code Section 11.01.020
to modify the definition of “Public and quasi-public” use to include emergency shelters and supportive housing associated with another public or quasi-public use.
Staff Report
Attachments:
1. Planning Commission Staff Report 9-17-24
2. Draft - Planning Commission Meeting Minutes 9-17-24
3. Redline Changes to Existing Definition
4. Resolution - CEQA
5. Exhibit A - PC Reso 28-24, DCA24-003 CEQA
6. Ordinance
7. Exhibit A - PC Reso 29-24, DCA24-003 Project
8. Exhibit B - Proposed Public and Quasi Public Definition
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 Discussion and direction regarding City Council compensation.
Recommendation:
Staff recommends City Council
introduce an ordinance
and waive the first reading amending
Section 2.04.030
Compensation Limits for the Mayor and City Council Members of the
Livermore Municipal Code to adjust the monthly compensation for the Mayor and City Council Members consistent with Measure W.
Staff Report
Attachments:
1. City Attorney Opinion 2024-04 - Council Member Compensation
2. Ordinance
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS
9. ADJOURNMENT
To Special City Council Meeting Monday, October 21, 2024 at 5:00 pm and a Regular City Council meeting on Monday, October 28, 2024 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.
10. SUPPLEMENTAL MATERIALS
10.1 REVISED
Supplemental materials received prior to the meeting.
Staff Report
Livermore City Council Agenda
October 14, 2024
Attachments:
1. Revised Supplemental Materials
10.2 Supplemental materials received at the meeting.
Staff Report
Attachments:
1. Items Received at the Meeting
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 and the public upon submittal.
Submission of Comments During the Meeting:
Livermore City Council Agenda
October 14, 2024
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
October 14, 2024