CITY COUNCIL
AGENDA
MONDAY, DECEMBER
9, 2024
REGULAR MEETING –
7:00 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
December
9, 2024
1. CLOSED SESSION - NONE.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Confirm Advisory Body appointments to the Human Services Commission and the Livermore Housing Authority, and direct the City Clerk to administer the oath of office.
Recommendation:
The City Council Subcommittee on Advisory Bodies recommends the City Council confirm the advisory body appointments to the Human Services Commission and the Livermore Housing Authority, and direct the City Clerk to administer the oath of office.
Staff Report
3.2 Presentation of Proclamations to Outgoing Council Members
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
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
December
9, 2024
email and e-comment submissions prior to the meeting as well as live comments during the meeting).
5.1 Approval of draft minutes - November 25, 2024 Regular Meeting
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. DRAFT 2024-11-25
5.2 Adoption of an omnibus ordinance making administrative, technical, and other non-substantive changes to various sections of the Livermore Municipal Code and the Livermore Development Code
Recommendation:
Staff recommends the City Council
adopt an omnibus ordinance
amending various sections
of the Livermore Municipal Code and Livermore Development Code to make administrative, technical, and other non-substantive amendments.
Staff Report
Attachments:
1. Omnibus Ordinance
5.3 Resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the City Hall HVAC & Central Plant Chiller Replacement Project 2018-30.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and authorizing the City Manager to sign the Notice of Completion for the City Hall HVAC & Central Plant Chiller Replacement Project 2018-30.
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - Notice of Completion
5.4 Resolution authorizing acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the 2023 Storm Damage Repair Project (LOP 5, 13, & 14), City Projects S202300A & S202300P, FEMA 4683.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing acceptance for permanent maintenance, release of security bonds, and authorizing the City Manager to sign the Notice of Completion for the 2023 Storm Damage Repair Project (LOP 5, 13, & 14), City Projects
Livermore City Council Agenda
December
9, 2024
S202300A & S202300P, FEMA 4683.
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - Notice of Completion
5.5 Resolution determining Parcel 14 of Tract 8613, Shea Portola Apartments, located at the northeast corner of Portola Avenue and Collier Canyon Road, is annexed to the City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services).
Recommendation:
Staff recommends the City Council adopt a resolution determining Parcel 14 of Tract 8613, Shea Portola Apartments, located at the northeast corner of Portola Avenue and Collier Canyon Road, is annexed to the City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) and directing the City Clerk to record the Notice of Annexation.
Staff Report
Attachments:
1. CFD 2023-1 Tax Zone Map
2. Resolution
3. Exhibit A - Unanimous Approval
5.6 Resolution approving the funding agreement between the Tri-Valley Transportation Council and the City of Livermore for the allocation of Tri-Valley Transportation Development Fund (TVTDF) funds in the amount of $5,139,000 for environmental, permitting, right-of-way, and design activities associated with the
I-580/Vasco Road Interchange Modification
1993-52.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to approve the funding agreement between the Tri-Valley Transportation Council and the City of Livermore for the allocation of Tri-Valley Transportation Development Fund (TVTDF) funds in the amount of $5,139,000 for the
I-580/Vasco Road Interchange Modification
Project 1993-52.
Staff Report
Attachments:
1. Project Location
2. Resolution
3. Exhibit A - Funding Agreement
5.7 Resolution making findings regarding the continuing need for unexpended balances of Development Impact Fees as of June 30, 2024, and accepting the Annual Report of Development Fee and Connection Fee Revenues and Expenditures for Fiscal Year 2023-24.
Recommendation:
Livermore City Council Agenda
December
9, 2024
Staff recommends the City Council adopt a resolution making findings regarding the continuing need for unexpended balances of Development Impact Fees as of June 30, 2024 and accepting the Annual Report of Development Fee and Connection Fee Revenues and Expenditures for Fiscal Year 2023-24.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - FY 2023-24 City of Livermore AB1600 report
5.8 Resolution accepting the recommendation of the Altamont Landfill Open Space Committee to authorize the City's grant request, finding the acquisitions of the Quint Property is categorically exempt from CEQA, authorizing the City Manager to enter into Purchase and Sale Agreements for open space land, and appropriate funds for the acquisition of the Quint Property (41 acres - APNs: 99B-5300-2-13, 99B-5450-10-3).
Recommendation:
Staff recommends the City Council adopt separate resolutions to:
1 .
Accept the recommendation of the Altamont Landfill Open Space Committee to authorize the City of Livermore's grant request for the Quint Property in the amount of $500,000 and determine that the Altamont Landfill Open Space Committee’s recommended expenditure of Open Space Account funds is not a project under California Environmental Quality Act (CEQA) Guidelines section 15378. 2 .
Determine the acquisition of the Quint Property is categorically exempt from CEQA in accordance with CEQA Guidelines Section 15313, which exempts acquisitions of lands to preserve the land in its natural condition.
3 .
Authorize the City Manager to enter into Purchase and Sale Agreements and execute all documents necessary to acquire the Quint Property; and 4 .
Appropriate funds from the Dougherty Valley Settlement Agreement Account (LEAP Fund 912) in the amount of $1,130,000 to acquire the Quint Property.
Staff Report
Attachments:
1. Financial Analysis
2. Location Map - Quint Property
3. Concurrence of Funds Resolution - Quint Property
4. Resolution - Quint Property CEQA
5. Resolution - Quint Property Authorizing City Manager
6. Exhibit A - Planning Commission Resolution
7. Exhibit B - Quint Property Purchase and Sale Agreement
8. Resolution - Quint Property Acquisition Funding
5.9 Resolution authorizing the Livermore Pleasanton Fire Department JPA (LPFD) to give notice of withdrawal to the California Joint Powers Risk Management Authority (CJPRMA).
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to issue a notice of withdrawal to the California Joint Powers Risk Management Authority (CJPRMA) on
Livermore City Council Agenda
December
9, 2024
behalf of and for the Livermore Pleasanton Fire Department JPA (LPFD) in her capacity as a Joint Executive Director for LPFD, and to explore alternate liability coverage.
Staff Report
Attachments:
1. Resolution
5.10 Resolution authorizing the execution of a settlement agreement with the Livermore Premium Outlets LLC regarding public safety and traffic management.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a settlement agreement with Livermore Premium Outlets LLC regarding public safety and traffic management.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Settlement Agreement with Livermore Premium Outlets LLC
5.11 Resolution accepting annual special tax and bond accountability reports for Fiscal Year 2023- 24 Community Facilities District No. 99-1 (Tri-Valley Technology Park), 2009-1 (El Charro), 2012-1 (El Charro Maintenance), 2015-1 (Brisa Maintenance), 2016-1 (Sage Maintenance), 2016-2 (Shea Properties), 2018-1 (Auburn Grove), and 2021-1 (Maintenance and Public Services).
Recommendation:
Staff recommends the City Council adopt a resolution accepting annual special tax and bond accountability reports for Fiscal Year 2023-24 Community Facilities District No. 99-1 (Tri- Valley Technology Park), 2009-1 (El Charro), 2012-1 (El Charro Maintenance), 2015-1 (Brisa Maintenance), 2016-1 (Sage Maintenance), 2016-2 (Shea Properties), 2018-1 (Auburn Grove), and 2021-1 (Maintenance and Public Services).
Staff Report
Attachments:
1. Resolution
2. Exhibit A - STBAR CFD 99-1 Tri-Valley
3. Exhibit B - STBAR 2009-1 El Charro
4. Exhibit C - STBAR CFD 2012-1 El Charro
5. Exhibit D - STBAR CFD 2015-1 Brisa
6. Exhibit E - STBAR CFD 2016-1 Sage
7. Exhibit F - STBAR CFD 2016-2 Shea Properties
8. Exhibit G - STBAR CFD 2018-1 Auburn Grove
9. Exhibit H - STBAR CFD 2021-1 Maintenance and Public Services
5.12 Resolution amending the City of Livermore Salary Plan to reflect adjustments to the Unclassified and Hourly salary schedule to implement increased minimum wage adjustments in accordance with California Code of Regulations, Title 2, Section 570.5 and establish a new
Livermore City Council Agenda
December
9, 2024
classification of Water Resources Technical Programs Manager - PE (Class Code 2231) and assign it to the Livermore Management Group salary schedule.
Recommendation:
Staff recommends approving a resolution amending the City of Livermore Salary Plan to reflect adjustments to the Unclassified and Hourly salary schedule to implement increased minimum wage adjustments in accordance with California Code of Regulations, Title 2, Section 570.5 and establish a new classification of Water Resources Technical Programs Manager - PE (Class Code 2231) and assign it to the Livermore Management Group salary schedule.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Salary Plan effective December 2024
5.13 Resolution accepting the i-GATE Annual Report for Fiscal Year 2023-24.
Recommendation:
Staff recommends the City Council adopt a resolution accepting the i-GATE Annual Report for Fiscal Year 2023-24.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - i-GATE Annual Report FY 2023-2024
5.14 Update on Host Community Impact Fee Reserve Policy relating to the Bankhead Theater.
Recommendation:
Staff recommends City Council receive the update.
Staff Report
Attachments:
1. Host Community Impact Fee Report
2. Estimated Fund Balance
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
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 Resolution accepting the Canvass of Votes for the November 5, 2024 General Municipal
Livermore City Council Agenda
December
9, 2024
Election.
Recommendation:
Staff recommends the City Council adopt a resolution accepting the canvass of votes as certified by the Alameda County Registrar of Voters for the November 5, 2024 General Municipal Election.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - November 5, 2024 Election Certification
8. ADJOURNMENT - Adjournment sine die.
9. DELIVERY OF CERTIFICATES OF ELECTION AND
ADMINISTRATION OF OATH
OF OFFICE TO:
JOHN MARCHAND - MAYOR
STEVEN DUNBAR - DISTRICT 3
KRISTIE WANG - DISTRICT 4
10. CALL TO ORDER
11. PROCLAMATIONS AND PRESENTATIONS - NONE.
12. 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.
13. MATTERS FOR CONSIDERATION
Comments are limited to one comment per person per item regardless of format or time
ROLL CALL
Council Member Ben Barrientos
Council Member Evan Branning
Council Member Steven Dunbar
Council Member Kristie Wang
Mayor John Marchand
Livermore City Council Agenda
December
9, 2024
submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
13.1 Appointment of Vice Mayor for the period of 2024-2025.
Recommendation:
Staff recommends the City Council appoint a Vice Mayor for the period of 2024-2025.
Staff Report
13.2 Council Members Appointments to Intergovernmental Agencies.
Recommendation:
Staff recommends the Mayor appoint Council Members to Intergovernmental Agencies, with the City Council's approval.
Staff Report
Attachments:
1. Current Intergovernmental Agencies Appointments
13.3 Appointment of Council Members to the City Council Subcommittee on Advisory Bodies for the period of January 1, 2025 - June 30, 2025.
Recommendation:
Staff recommends the Mayor appoint two Council Members to serve on the City Council Subcommittee on Advisory Bodies for the period of January 1, 2025 - June 30, 2025, with the City Council's approval.
Staff Report
14. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS
15. ADJOURNMENT
To a Regular City Council meeting on Monday, January 13, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.
16. SUPPLEMENTAL MATERIALS
16.1 Supplemental materials received prior to the meeting.
Staff Report
Attachments:
1. Supplemental Materials
17. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING
WELCOME AND FAREWELL RECEPTION IMMEDIATELY FOLLOWING COUNCIL
MEETING
Livermore City Council Agenda
December
9, 2024
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 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.
Livermore City Council Agenda
December
9, 2024
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
December
9, 2024