OCTOBER 28, 2024 Minutes CM/75/380
MINUTES
CITY COUNCIL
OCTOBER 28, 2024
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CLOSED SESSION
CALL TO ORDER – The Closed Session of the City Council was called to order by Mayor John Marchand at 6:45 pm, held in person at 1016 S. Livermore Avenue.
ROLL CALL – Present: Mayor John Marchand, Vice Mayor Robert W. Carling, and Council Members, Ben Barrientos, Evan Branning, and Brittni Kiick.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL
REGARDING CLOSED SESSION ITEMS.
Mayor Marchand opened the public comment period.
There were no more speakers, the public comment period was closed.
1. ADJOURN TO CLOSED SESSION
1.1 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)
Bun v. City of Livermore, United States District Court Case No. 17- CV- 06418-EMC, Ninth Circuit Court of Appeals Case No. 22-16229. ________________________________________________________________
REGULAR MEETING
2. CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 7:00 pm, held in person at 1016 S. Livermore Avenue.
ROLL CALL – Present: Mayor John Marchand, Vice Mayor Robert W. Carling, and Council Members, Ben Barrientos, Evan Branning, and Brittni Kiick.
PLEDGE OF ALLEGIANCE
REPORT OF ACTION TAKEN IN CLOSED SESSION
City Attorney Jason Alcala stated pursuant to California Government Code section 54957.1(a) I am reporting that in the matter of Bun v. Livermore, the City Docusign Envelope ID: A744FD85-E142-41CD-8972-7C30B8F3DC25 CM/75/381 Minutes OCTOBER 28, 2024
Council voted unanimously to accept a settlement agreement and full and final release of all claims signed by the plaintiff that releases the City of Livermore in exchange for a payment on behalf of the City in the amount $550,000.
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he case involved a complaint for damages arising from an arrest in 2015. 3 . PROCLAMATIONS AND PRESENTATIONS
3 .1 Confirm Advisory Body appointments to the Airport Commission, Beautification Committee, and the Commission for the Arts, and direct the City Clerk to administer the oath of office.
Airport Commission
Reappointment to regular terms ending November 1, 2028. • Christopher Dombrowski (Pilot)
• Jon Lavine
• Victoria Schellenberger
Beautification Committee
Appointment to an unexpired term ending June 1, 2025, and a regular term ending June 1, 2029.
• John Stein
Commission for the Arts
Reappointment to regular terms ending January 1, 2029
• Laurence Milder
• Natalia Custodio
• Thomasin Dewhurst
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ppointment to regular terms ending January 1, 2029
• Cynthia Mccahon
• Tracy Sahn
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ayor Marchand opened the public comment period.
D
avid McGuigan 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 VICE MAYOR CARLING , SECONDED BY COUNCIL MEMBER BRANNING AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS.
Cit
y Clerk Debbie Elam administered the oath of office.
3 .2 Livermore Human Services Commission Annual Update presented by Tracy Nakamura, Chair, Livermore Human Services Commission.
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Human Services Commission Chair Tracy Nakamura presented the update. 3 .3 Presentation of the 2024 Helen Putnam Award for Excellence in Intergovernmental Collaboration, presented by the League of California Cities East Bay Division Representative Sam Caygill.
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am Caygill, League of California Cities East Bay Division Representative presented the Helen Putnam Award for Excellence in Intergovernmental Collaboration to the city.
3 .4 Presentation of the 2024 Beacon Spotlight Award for Sustainability Best Practices, presented by the League of California Cities East Bay Division Representative Sam Caygill.
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am Caygill, League of California Cities East Bay Division Representative presented the 2024 Beacon Spotlight Award for Sustainability Best Practices to the city.
3 .5 Proclamation honoring Tri -Valley Haven during Domestic Violence Awareness Month, presented to Christine Dillman, Executive Director, and to Andleeb Ali, Shelter Manager.
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ayor Marchand presented the proclamation to Andleeb Ali, Shelter Manager of Tri-Valley Haven honoring Tri-Valley Haven during Domestic Violence Month.
4. O
PEN FORUM
Ma
yor Marchand opened the public comment period.
D
avid McGuigan provided a comment.
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ouncil Member Kiick left the dais at 7:38 pm.
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ouncil Member Kiick returned to the dais at 7:44 pm.
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reg Scott provided a comment.
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rish Munro provided a comment.
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here were no more speakers, and the public comment period was closed.
5. CO
NSENT CALENDAR
M
ayor Marchand re- ordered the agenda and moved Item 5. 13 from t he Consent Calendar for separate discussion and action after Item 7.3 M
ayor Marchand opened the public comment period.
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Item 5.8 Greg Scott provided a comment.
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tems 5.3, 5.4, 5.5, and 5.6 Alan Marling provided a comment.
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uby Lopez-Villarreal 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 KIICK, SECONDED BY COUNCIL MEMBER BRANNING, AND CARRIED ON A 4 -0 VOTE, WITH COUNCIL
MEMBER BARRIENTOS ABSTAINING DUE TO ABSENCE AT THE OCTOBER 14, 2024 MEETING, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 5.1.
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N THE MOTION OF COUNCIL MEMBER KIICK, SECONDED BY VICE MAYOR CARLING AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEMS 5.2-5.12.
5.1 A
pproval of draft minutes for October 10, 2024
5.2 A
doption of O rdinance 2166 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.
5.3 Adoption of Ordinance 2167 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.
5.4 Resolution 2024-178 authorizing Resolution authorizing the filing of an application for Alameda County Transportation Commission administered funding of $1,725,000, committing necessary matching funds of $575,000, and stating assurances to complete the project for the Arroyo Road Trail Project 2019-55.
5.5 Resolution 2024-179 authorizing the filing of an application for Alameda County Transportation Commission administered funding of $1,650,000, committing necessary matching funds of $550,000, and stating assurances to complete the project for the 2022 ATP Bike Lane Improvements Project 2021-14.
5.6 Resolution 2024-180 authorizing the filing of an application for Alameda County Transportation Commission administered funding of $825,000, committing necessary matching funds of $275,000, and stating assurances to complete the project for the Stanley Boulevard at Isabel Ave Connector Ramp Crossing Improvements Project 2021-33.
5.7 Resolution 2024-181 e stablishing new maximum income limits for Docusign Envelope ID: A744FD85-E142-41CD-8972-7C30B8F3DC25 OCTOBER 28, 2024 Minutes CM/75/384
extremely low-, very low-, low-, median and moderate- income households which shall apply to the City’s first-time homebuyer and affordable rental programs; and, establishing maximum for-sale housing prices for the Affordable Homeownership Program which will be effective for homes sold through the program beginning January 1, 2025, and establishing updated annual rent limits for City -restricted affordable units effective immediately upon adoption by City Council.
5.8 Resolution 2024-182 authorizing a supplemental appropriation of unspent carry-forward budget totaling $283,846 from the Community Development Block Grant Fund, for the Emergency Shelter Rebuild Project.
5.9 Resolution 2024-183 approving allocation of the Tourism and Special Event Grant monies for July 1, 2024-June 30, 2025, and authorizing the execution of grant agreements consistent with the City's Tourism and Special Events Grant Program.
5. 10 Resolution 2024-184 accepting the Livermore Downtown Inc. 2023- 2024 Annual Report
5. 11 Resolution 2024-185 accepting the Livermore Valley Wine Heritage District 2023-2024 Annual Report.
5. 12 Resolution 2024-186 accepting the FY 2023-24 Year-end Budget Report, carrying over previously appropriated but unspent funds, and allocating excess General Fund resources to City's asset replacement and repair including public safety facilities, Livermore- Pleasanton Fire Department (LPFD) equipment replacement, and general liability and workers compensation funds.
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TEM 5.13 WAS MOVED BY THE MAYOR TO BE HEARD AFTER ITEM 7.3
6. P
UBLIC HEARINGS
6.1 H
earing to consider the Housing and Human Services needs and Housing and Human Services Grant Priorities for Fiscal Years 2025-27.
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ecommendation: The Human Services Commission and staff recommended the City Council adopt a resolution approving the Housing and Human Services Grant Priorities for Fiscal Years 2025-27.
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anagement Analyst Amy Walker presented the staff report.
Ma
yor Marchand opened the public hearing.
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reg Scott provided a comment.
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here were no more speakers, and the hearing was closed.
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ON THE MOTION OF COUNCIL MEMBER BRANNING , SECONDED BY
COUNCIL MEMBER KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
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esolution 2024-187 approving the Housing and Human Service Grant Priorities for Fiscal Years 2025-27
7. M
ATTERS FOR CONSIDERATION
7.1 R
esolution accepting the Altamont Landfill Open Space Committee's recommendation to expend funds from the Open Space Account for a grant in the amount of $56,000 to allow the Alameda County Resources Conservation District and the California Rangeland Trust to conduct an outreach program to educate Alameda County ranchers about permanent conservation easements. The grant also includes monies to establish a revolving fund to help landowners cover up-front appraisal costs.
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ecommendation: Staff recommended the City Council the City Council adopt a resolution:
1. Determining that the Open Space Committee’s recommended expenditure of Open Space Account funds, and their expenditure for the funding of the outreach program and revolving fund for appraisal costs, is not a project under the California Environmental Quality Control Act (CEQA);
2. Finding the Open Space Committee’s recommendation for the expenditure of $56,000 from the Open Space Account to fund the grant request by the Alameda County Resources Conservation District and California Rangeland Trust to conduct outreach and establish a revolving fund for appraisal costs, is consistent with the Livermore General Plan;
3. Determining that the expenditure is consistent with the Settlement Agreement and the Open Space Committee’s priorities;
4. Accepting the Altamont Landfill Open Space Committee's proposed expenditure of $56,000 from the Altamont Landfill Settlement Agreement Open Space Account; and
5. Directing staff to place future Altamont Landfill Open Space Committee funding concurrences on the consent calendar, consistent with the Alameda County Board of Supervisor's practice.
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ssociate Planner Jennifer Ackerman presented the staff report.
Ma
yor Marchand opened the public comment period.
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here were no speakers, and the public comment period was closed.
ON
THE MOTION OF COUNCIL MEMBER BARRIENTOS , SECONDED BY
COUNCIL MEMBER KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
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Resolution 2024-188 accepting the Altamont Landfill Open Space Committee’s recommendation to expend funds for the Alameda County Resources Conservation District and California Rangeland Trust grant request in the amount of $56,000 to conduct an outreach program to educate Alameda County ranchers about permanent conservation easements. The grant also includes monies for a revolving fund to cover upfront appraisal costs.
7.2 R
esolution approving an amendment to the City Manager's
employment contract.
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ecommendation: The Evaluation Subcommittee recommended the City Council adopt a resolution approving an amendment to the City Manager's employment contract.
7 .3 Resolution approving an amendment to the City Attorney’s employment contract.
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ecommendation: The Evaluation Subcommittee recommended the City Council adopt a resolution approving an amendment to the City Attorney’s employment contract.
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dministrative Service Director Tina Olson presented the staff report.
Ma
yor Marchand opened the public comment period.
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tem 7.2 Greg Scott provided a comment.
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here were no more speakers, and the public comment period was closed.
ON
THE MOTION OF COUNCIL MEMBER KIICK, SECONDED BY COUNCIL MEMBER BRANNING AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:
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esolution 2024 -189 approving 2024 amendment to the City Manager’s employment contract.
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esolution 2024 -190 approving 2024 amendment to the City Attorney’s employment contract.
5. 13 Resolution amending the City of Livermore Salary Plan to reflect salary increases to Executive Management (excluding the Police Chief), the City Attorney, and City Manager effective November 18, 2024, and retitling the current Systems Administrator (Job Class 2210) to Network Engineer.
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ayor Marchand opened the public comment period.
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here were no speakers, and the public comment period was closed.
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ON THE MOTION OF COUNCIL MEMBER KIICK, SECONDED BY COUNCIL MEMBER BARRIENTOS AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
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esolution 2024-191 amending the City of Livermore Salary Plan to reflect salary increases to Executive Management (excluding the Police Chief), the City Attorney, and City Manager effective November 18, 2024, and retitling the current Systems Administrator (Job Class 2210) to Network Engineer.
8. CO
UNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
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HE 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.
B
ankhead Theater Council Member Barrientos noted his attendance at t he Canadian Brass show on October 13, 2024 , and American Authors show on October 25, 2024, and encouraged others to attend performances at the theater.
Li
vermore Downtown Inc. Council Member Branning noted his attendance at the Board Meeting on October 15, 2024.
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ague of California Cities Council Member Branning noted his attendance at the Annual Conference October 16-18, 2024.
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vermore Amador Valley Transportation Authority (LAVTA) Council Member Branning noted his attendance at the Projects and Services Committee meeting on October 28, 2024.
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ivermore Pride Council Member Kiick noted her attendance at the 5 th Annual Pride Fest event on October 19, 2024.
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ity of Livermore/ National Aeronautics and Space Administration ( NASA) Council Member Kiick encouraged the community to attend the NASA moon tree planting event on October 30, 2024.
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ity Council directed staff to review the Laguna Beach electric vehicle master plan and what other cities are doing to incorporate electric vehicles into their fleets.
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ity Council directed staff to review current safety regulations regarding e-bikes and e-scooters with the Livermore Valley Joint Unified School District and determine if additional regulations are needed.
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sbury Methodist Church, Vice Mayor Carling noted his attendance at the celebration of Palestinian culture on October 26, 2024.
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9 . ADJOURNMENT – at 8:52 pm in memory of Antiono Balcarcel to a Regular City Council Meeting on Monday, November 25 , 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, CITY CLERK
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