NOVEMBER 25, 2024 Minutes CM/75/389
MINUTES
CITY COUNCIL
NOVEMBER 25, 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 6:30 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 speakers, and the public comment period was closed.
City Attorney Jason Alcala stated: Pursuant to G/C section 54956.9(e)(2), I would like to disclose that the anticipated litigation closed session item this evening relates to a claim LIVE -2023-2024-0138-01 by Hiderliter, de Llamas and Associates Inc. received on February 6, 2024, as well as a letter from their attorney dated January 18, 2024, and a mediation that took place on November 8, 2024.
1. ADJOURN TO CLOSED SESSION
1.1 Anticipated Litigation – To meet with the City Attorney pursuant to Government Code section 54956.9(e) because there is significant exposure to litigation against the City based on existing facts and circumstances. (One Case) § 54956.9(e)(2) – Facts and circumstances including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs.
1.2 Conference with Real Property Negotiator. To meet with Paul Spence Assistant City Manager and Andy Ross Economic Development Manager, the City’s negotiators pursuant to Government Code section 54956.8, regarding the sale and purchase of real property at Assessor’s Parcel No. 99B -5300-2-13. The City's negotiators may negotiate with Stephen Wawryk and Danielle Davenport on behalf of Western Title Insurance Company. The instructions will concern price and terms of payment, acquisition, and maintenance.
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REGULAR MEETING
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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 Evan Branning and, Brittni Kiick.
PLEDGE OF ALLEGIANCE
Council Member Barrientos joined the meeting at 7:01 pm.
REPORT OF ACTION TAKEN IN CLOSED SESSION
City Attorney Jason Alcala said there was no reportable action.
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Beautification Committee annual update presented by Chair Karen Jefferson.
Beautification Committee Chair Karen Jefferson provided the annual update.
3.2 Presentation of the 2024 Beautification Awards.
Beautification Committee Chair Karen Jefferson presented the 2024 Beautification Awards.
The Mayor reordered the agenda stating Item 6.1 was continued and moving Item 6.2 before Open Forum and the Consent Calendar.
6. PUBLIC HEARINGS
6.1 Resolution authorizing the City Manager to execute a Power Purchase Agreement with Ava Community Energy to install solar and battery storage at critical municipal facilities.
This item was continued to a date to be determined.
6.2 Hearing to consider a proposed Vesting Tentative Tract Map and Site Plan Design Review for a 44 -unit single -family residential subdivision (Garaventa Hills), consisting of 38 single -family detached units and 6 duet/couplet units and an Environmental Impact Report (EIR).
Recommendation: The Planning Commission and staff recommend the City Council take the following actions to authorize the development of the Garaventa Hills residential project:
1. Adopt a resolution certifying the Environmental Impact Report pursuant to the California Environmental Quality Act;
2. Adopt a resolution approving Subdivision (SUB) 13 -001 and Site Plan Design Review (SPDR) 13 -005, subject to conditions, and authorizing the applicant to provide six affordable duet units as proposed and to make an Docusign Envelope ID: 0D8266AE-8BAD-4C68-91B3-D765D56FB375 NOVEMBER 25, 2024 Minutes CM/75/391
equivalency payment to satisfy the remaining fractional portion of the affordable housing requirement; and,
3. Direct the Planning Manager to file a Notice of Determination, in accordance with the provisions of the California Environmental Quality Act, subject to project approval.
Special Projects Coordinator Steve Stewart presented the staff report.
President of Lafferty Communities and owner of Livermore LT Ventures 1 Group, LLC. David Ragland provided a comment.
Mayor Marchand opened the public hearing.
Doug Mann provided a comment.
Bianca Covarelli provided a comment.
Dennis Kai provided a comment.
Vladimir provided a comment.
Alan Marling provided a comment.
There were no more speakers, and the hearing was closed.
ON THE MOTION OF COUNCIL MEMBER KIICK, SECONDED BY VICE MAYOR CARLING AND CARRIED ON A 4-1 VOTE, WITH COUNCIL MEMBER
BARRIENTOS VOTING NO, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:
Resolution 2024 -201 certifying the Environmental Impact Report for the Garaventa Hills Project and adopting California Environmental Quality Act Findings, and a Mitigation Monitoring and Reporting Program.
Resolution 2024 -202 approving Vesting Tentative Tract Map (VTTM) 8094 (Subdivision 1 3-001) and Site Plan Design Review 13-005 and authorizing the applicant to provide six affordable duet units as proposed and to make a cash payment equivalent to 3.15 affordable units to satisfy the affordable housing obligation for the Garaventa Hills Project.
4. OPEN FORUM
Mayor Marchand opened the public comment period.
David McGuigan provided a comment.
Council Member Kiick left the meeting at 8:13 pm.
Council Member Kiick returned to the meeting at 8:15 pm.
Marti Sutton provided a comment.
Docusign Envelope ID: 0D8266AE-8BAD-4C68-91B3-D765D56FB375 Doug Mann provided a comment.
Vladimir provided a comment.
There were no more speakers, and the public comment period was closed.
5. CONSENT CALENDAR
Item 5.9 was removed from the Consent Calendar for separate discussion and action.
Mayor Marchand opened the public comment period.
Item 5.0 David McGuigan provided a comment.
Council Member Kiick left the meeting at 8:29 pm.
There were no more speakers, and the public comment period was closed.
Council Member Kiick returned to the meeting at 8:30 pm.
ON THE MOTION OF COUNCIL MEMBER BARRIENTOS, SECONDED BY VICE MAYOR CARLING AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 5.9.
ON THE MOTION OF COUNCIL MEMBER BRANNING, SECONDED BY
COUNCIL MEMBER KIICK, AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 5.9 WITH THE REVISION TO ALLOW FOR $10,000 OF PROCEEDS TO THE SELLER FOR REHOUSING INSTEAD OF $5,000.
5.1 Approval of draft minutes for October 28, 2024.
5.2 Introduce an Omnibus Ordinance and waive the first reading making administrative, technical, and other non-substantive changes to various sections of the Livermore Municipal Code and the Livermore Development Code.
Omnibus Ordinance introduced making administrative, technical, and other non-substantive changes to various sections of the Livermore Municipal Code and the Livermore Development Code.
5.3 Resolution 2024 -192 authorizing the execution of an agreement with Siemens Industry, Inc. to monitor the fire alarm and burglar alarm systems and inspect, test, and repair the fire alarm and sprinkler systems in multiple city buildings in an amount not-to -exceed $550,000 for a two-year term ending December 31, 2026.
5.4 Resolution 2024-193 accepting public improvements constructed pursuant to the Subdivision Improvement Agreement for Tract Map 8358 located at Chestnut Street and North N Street for the construction of 44 townhomes by Taylor
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Morrison of California, LLC for permanent maintenance and authorizing release of security, and accepting offer of dedication for public utility and emergency vehicle access easement.
5.5 Resolution 2024-194 authorizing execution of a second amendment to the agreement with Cannon Corporation for additional commissioning support during construction of the WRP Primary and Secondary Treatment Improvements Project No. 2019 -31, increasing the not -to-exceed contract amount from $231,026 to $324,171, with a term ending December 31, 2027.
5.6 Resolution 2024-195 authorizing receipt of funds in the amount of $82,179 from the California Department of Justice, Office of Attorney General, Tobacco Law Enforcement Grant program, authorizing the execution of a Memorandum of Understanding, and the appropriation of the $82,179 grant award.
5.7 Resolution 2024-196 authorizing the execution of Project and Program Grant Agreements with Las Positas College Foundation, Livermore Art Association, and Livermore Valley Performing Arts Center dba Livermore Valley Arts, consistent with the City's Public Art Policy.
5.8 Resolution 2024-197 authorizing the execution of a grant agreement with Livermore Downtown Inc. in the amount of $90,000 for FY 2024-25.
5.9 Resolution 2024-198 authorizing the City Manager to sign all documents necessary to authorize a reduction, by an amount not to exceed $125,000, of the principal and accrued interest owed on the promissory note with Ms. Heather Legan for the City -restricted property located at 318 S. Livermore, Unit 112, sufficient to allow for a market -priced sale an d repayment of all tax and first mortgage liens owed, real estate and escrow fees, basic repair costs and provide $10,000 of proceeds to the seller for rehousing.
5.10 Resolution 2024-199 authorizing execution of a quitclaim deed to Karamjit Singh Nijjar for re -granting abutter's rights at the new driveway location for the Fairfield Inn project located at 220 North Greenville Road.
5.11 Resolution 2024-200 authorizing execution of a purchase order with 72 Hour LLC dba National Auto Fleet Group for seven replacement Ford Hybrid Police Interceptor Utilities in an amount not-to-exceed $459,558.
7. MATTERS FOR CONSIDERATION
7.1 Resolution sunsetting the Livermore -Dublin Liaison Committee, the Livermore-Pleasanton Liaison Committee, and the Intergovernmental Committee.
Recommendation: Staff recommended the City Council adopt a resolution sunsetting the Livermore -Dublin Liaison Committee, the Livermore -Pleasanton Liaison Committee, and the Intergovernmental Committee.
City Clerk Debbie Elam presented the staff report.
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Mayor Marchand opened the public comment period.
There were no speakers, and the public comment period was closed.
ON THE MOTION OF VICE MAYOR CARLING , SECONDED BY COUNCIL MEMBER BRANNING AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL
ADOPTED THE FOLLOWING RESOLUTION AND DIRECTED STAFF TO NOT
SUNSET THE INTERGOVERNMENTAL COMMITTEE AND TO HAVE IT MEET ANNUALLY.
Resolution 2024 -203 sunsetting the Livermore -Dublin Liaison Committee, the Livermore-Pleasanton Liaison Committee, and the Intergovernmental Committee.
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
THE 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.
City Serve Vice Mayor Carling noted his attendance at the Prayer Breakfast on November 25, 2024.
Sleep in Heavenly Peace Vice Mayor Carling noted his attendance at the bed build at Crosswinds Church on November 2, 2024.
EVA Council Member Barrientos noted that th ere will be six projects at city locations that will be in conjunction with EVA.
City of Livermore Mayor Marchand noted his attendance at the NASA moon tree planting on October 30, 2024.
9. ADJOURNMENT – at 9:00 pm in memory of Joyce Shapiro to Regular City Council Meeting on Monday, December 9, 2024 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.
APPROVED: ______________________________
JOHN P. MARCHAND, MAYOR
ATTEST: _______________________________
DEBORAH L. ELAM, CITY CLERK
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