CITY COUNCIL
AGENDA
MONDAY, FEBRUARY 10, 2025
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
Evan Branning, Vice Mayor
Ben
Barrientos, Council Member
Steven Dunbar, Council Member
Kristie Wang, Council Member
Livermore City Council Agenda
February 10, 2025
1. CLOSED SESSION - NONE
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 - January 27, 2025 Regular Meeting
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. DRAFT 2025-01-27
ROLL CALL
Council Member Ben Barrientos
Council Member Steven Dunbar
Council Member Kristie Wang
Vice Mayor Evan Branning
Mayor John Marchand
PLEDGE OF ALLEGIANCE
Livermore City Council Agenda
February 10, 2025
5.2 Introduce an ordinance and waive the first reading amending Livermore Municipal Code Section 13.36.050 Rates Per Service Unit to streamline the rate setting process and improve consistency with the water rate setting process.
Recommendation:
Staff recommends the City Council
introduce an ordinance
and waive the first reading
amending Livermore Municipal Code section 13.36.050 Rates per Service Unit to streamline the rate setting process and improve consistency with the water rate setting process.
Staff Report
Attachments:
1. Ordinance
5.3 Introduce an ordinance and waive the first reading establishing a permanent Building Appeals Board by adding new chapter 15.90 to the Livermore Municipal Code and amending sections
8.15.125, 15.20.100, 15.20.110, and 15.20.120.
Recommendation:
Staff recommends the City Council
introduce an ordinance
and waive the first reading
establishing a permanent Building Appeals Board by adding new chapter 15.90 to the Livermore Municipal Code and amending sections 8.15.125, 15.20.100, 15.20.110, and
15.20.120
for consistency with the new Appeals Board.
Staff Report
Attachments:
1. Ordinance
2. Exhibit A - Chapter 15.90 Building Appeals Board
3. Exhibit B - Amendments to LMC Sections 8.15.125, 15.20.100, 15.20.110, and 15.20.120
5.4 Resolution authorizing execution of a fourth amendment to the agreement with Ruggeri- Jensen-Azar for on-call engineering design services, increasing the not-to-exceed amount from $1,800,000 to $2,400,000 with a term ending December 31, 2026.
Recommendation:
Staff recommends City Council adopt a resolution authorizing the City Manager to execute a fourth amendment to the agreement with Ruggeri-Jensen-Azar for on-call engineering design services for various development projects and capital improvement projects, increasing the not-to-exceed contract amount from $1,800,000 to $2,400,000.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Fourth Amendment
5.5 Resolution authorizing execution of a fourth amendment to the agreement with JR Structural Engineering, Inc. for project management services for various capital improvement projects, increasing the not-to-exceed contract amount from $910,000 to $1,510,000 with a term ending December 31, 2026.
Livermore City Council Agenda
February 10, 2025
Recommendation:
Staff recommends City Council adopt a resolution authorizing the City Manager to execute a fourth amendment to the agreement with JR Structural Engineering, Inc. for project management services for various capital improvement projects, increasing the not-to-exceed contract amount from $910,000 to $1,510,000 with a term ending December 31, 2026.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Fourth Amendment
5.6 Resolution authorizing a supplemental appropriation of Traffic Impact Fee Fund 510 in the amount of $200,000 to complete the analysis for the Traffic Impact Fee Nexus Study.
Recommendation:
Staff recommends City Council adopt a resolution authorizing a supplemental appropriation of Traffic Impact Fee Fund 510 in the amount of $200,000 to the FY 2024-25 engineering operating budget to complete the analysis for the Traffic Impact Fee Nexus Study.
Staff Report
Attachments:
1. Resolution
5.7 Resolution accepting the Annual Comprehensive Financial Report (ACFR) and Other Audit Reports for the Fiscal Year ended June 30, 2024.
Recommendation:
Staff recommends the City Council adopt a resolution accepting the following reports for Fiscal Year 2023-24 as completed:
Annual Comprehensive Financial Report, and ratify and approve the audited financial statements presented therein in accordance with Government Code §37208; Alameda County Transportation Commission Measure B Program Financial Statements;
Alameda County Transportation Commission Measure BB Program Financial Statements;
Alameda County Transportation Commission Vehicle Registration Fee (VRF) Measure F Program Financial Statements;
Agreed Upon Procedures for Compliance with the Proposition 111 2023-24 Appropriations Limit Increment;
Memorandum of Internal Control; and
Required Communications.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Annual Comprehensive Financial Report
Livermore City Council Agenda
February 10, 2025
3. Exhibit B - ACTC Measure B Funds Financial Statements
4. Exhibit C - ACTC Measure BB Funds Financial Statements
5. Exhibit D - ACTC Vehicle Registration Fee Program (VRF) Financial Statements
6. Exhibit E - Independent Accountant's Report on Applying Agreed Upon Procedures Related to the Article XIII-B Appropriations Limit Calculation
7. Exhibit F - Independent Auditor's Report on Internal Control Over Financial Reporting on Compliance and Other Matters
8. Exhibit G - Required Communications
5.8 Resolution amending the City of Livermore Salary Plan dated February 2025 in accordance with California Code of Regulations, Title 2, Section 570.5 and establish a new classification of Supervising Crime and Intelligence Analyst (Class Code 4152) and assign it to the Association of Livermore Employees salary schedule.
Recommendation:
Staff recommends approving a resolution amending the City of Livermore Salary Plan dated February 2025 in accordance with California Code of Regulations, Title 2, Section 570.5 and establish a new classification of Supervising Crime and Intelligence Analyst (Class Code 4152) and assign it to the Association of Livermore Employees salary schedule.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Salary Plan effective February 2025
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 Resolution authorizing the City Manager to execute a Renewable Energy & Storage Power Purchase Agreement with Ava Community Energy and determining that the agreement is in the City’s best interest.
Recommendation:
Staff recommends the City Council adopt two resolutions:
1 .
Determining the project is exempt from the California Environmental Quality Act (CEQA) because it is consistent with California Public Resources Code section 21080.35, which provides that solar energy systems installed on the roof of an existing building or on an existing parking lot, meeting certain characteristics, are exempt from CEQA. 2 .
Authorizing the City Manager to execute a Renewable Energy & Storage Power Purchase Agreement between the City and Ava Community Energy in substantially the same form as the draft agreement, subject to the City Attorney's approvals as to form, pursuant to the California Government Code (sections 4217.10 through 4217.18), and determining pursuant to California Government Code section 4217.12 that the agreement is in the City’s best interest because the anticipated energy costs will be less than the marginal cost the City would otherwise pay for the consumed energy, which savings will also offset any potential revenue from Ava to place its equipment on City
Livermore City Council Agenda
February 10, 2025
facilities.
Staff Report
Attachments:
1. Resolution - Ava PPA CEQA
2. Resolution - Ava PPA Approval
3. Exhibit A - Draft Renewable Energy & Storage Power Purchase Agreement
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 adopting 180-day wait period exception to hire retired annuitant, Michael Pato, former Senior Management Analyst, in accordance with Government Code section 7522.56 of the Public Employees' Retirement Law.
Recommendation:
Staff recommends that the City Council adopt a resolution approving the hiring of retired annuitant, Michael Pato, former Senior Management Analyst, in accordance with Government Code section 7522.56 of the Public Employees' Retirement Law.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Offer Letter with Enclosures
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS
9. ADJOURNMENT
To a Regular City Council meeting on Monday, February 24, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.
10. SUPPLEMENTAL MATERIALS
10.1 Supplemental materials received prior to the meeting.
Staff Report
Attachments:
1. Supplemental Materials
10.2 Supplemental materials received at the meeting.
Staff Report
Attachments:
1. Item Received at the Meeting
11. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING
Livermore City Council Agenda
February 10, 2025
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.
The City will be using YouTube and TV29 as two tools to provide the public access to view Livermore City Council Agenda
February 10, 2025
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
February 10, 2025