FEBRUARY 10, 2025 Minutes CM/ 75/411
CITY COUNCIL
FEBR UARY 10, 2025
REGULAR MEETING
1. CLOSED SESSION - NONE
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 Evan Branning, Council Members Ben Barrientos , Steven Dunbar, and Kristie Wang.
PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS AND PRESENTATIONS – NONE
Mayor Marchand reordered the agenda moving Item 4. Open Forum after Item
7.1. 5. CONSENT CALENDAR
Mayor Marchand opened the public comment period.
Item 5.1 David McGuigan began a comment.
Mayor Marchand excused Speaker McGuigan to the end of the list of speakers for public comment du e to disruptive comments.
Item 5.2 Greg Scott provided a comment.
Item 5.1 David McGuigan began a comment.
Mayor Marchand excused Speaker McGuigan du e to disruptive comments.
There were no more speakers, and the public comment period was closed.
ON THE MOTION OF VICE MAYOR BRANNING, SECONDED BY COUNCIL MEMBER DUNBAR AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
5.1 Approval of draft minutes - January 27, 2025 Regular Meeting.
5.2 Introduce an ordinance and waive the first reading amending Livermore Docusign Envelope ID: CEA4E5F8- 91E5- 4E62- A05C- 7E07C2956AEB CM/ 75/412 Minutes FEBRUARY 10, 2025
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.
Ordinance introduced 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.
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.
Ordinance introduced 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.
5.4 Resolution 2025- 015 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.
5.5 Resolution 2025- 016 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.
5.6 Resolution 2025- 017 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.
5.7 Resolution 2025 -018 accepting the Annual Comprehensive Financial Report ( ACFR) and Other Audit Reports for the Fiscal Year ended June 30, 2024.
5.8 Resolution 2025- 019 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 th e Association of Livermore Employees salary schedule.
6. PUBLIC HEARINGS
6.1 Hearing to consider a 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 recommended 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 Docusign Envelope ID: CEA4E5F8- 91E5- 4E62- A05C- 7E07C2956AEB FEBRUARY 10, 2025 Minutes CM/ 75/ 413
21080. 35, whic h provides that solar energy systems installed on the roof of an existing building or on a n existi ng parki ng lot, meeti ng certai n characteristics, are exempt from CEQA.
2. Aut horizing the City Manager to execute a Renewable Energy & Storage Power Purc hase Agreeme nt between the City and Ava Community E nergy in substantially the same form as the draft agreeme nt, subject to the City Attor ney' s approvals as to form, purs ua nt to the California Gover nme nt Code ( sections 4217. 10 thro ug h 4217. 18), and determini ng p ursua nt to California Gover nme nt Code section 4217. 12 that the agreement is in the City’s best interest because the anticipated energy costs will be less tha n the marginal cost the City would otherwise pay for the consumed energy, whic h savi ngs will also offset any pote ntial revenue from Ava to place its eq uipme nt on City facilities.
Sustai nabilit y Program Manager Tricia Po ntau prese nted the staff report.
J.P. Ross Vice President of Local Developme nt, Electro nification and Innovation, Ava Communit y Energ y provided a comment.
Mayor Marcha nd ope ned the p ubli c heari ng.
David McGuigan provided a comment.
Greg Scott provided a comment.
Trish Munro provided a comment.
There were no more speakers, a nd the heari ng wa s closed.
ON THE MOTION OF COUNCIL MEMBER BARRIENTOS, SECONDED BY COUNCIL MEMBER WANG AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:
Resolution 2025- 020 finding that the Cornerstone project is exempt from the provision s of the California Environmental Quality Act (CEQA).
Resolution 2025- 021 authorizing execution of a renewable energy & sroage power purchase agreement with Ava Commu nity Energy to install, operate, and maintain solar and battery storage systems at critical mu nicipal facilities.
7. MATTERS FOR CONSIDERA TION
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 recommended 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 Docusign Envelope ID: CEA4E5F8- 91E5- 4E62- A05C- 7E07C2956AEB CM/ 75/ 414 Minutes FEBRUARY 10, 2025
Employees' Retirement Law.
Human Resources Manager Kristen Hilton presented the staff report.
Mayor Marchand opened the public comment period.
There were no speakers, and the public comment period was closed.
ON THE MOTION OF COUNCIL MEMBER BARRIENTOS , SECONDED BY VICE MAYOR BRANNING AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2025- 022 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.
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBER S
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.
Islamic Center of Livermore ( ICL) Council Member Dunbar noted his attendance at the opening of the new Masjid on February 1, 2025.
Livermore Lion’ s Club Council Member Barrientos noted his attendance at the crab feed on February 8, 2025.
Livermore Amador Valley Transit Authority ( LAVTA) Vice Mayor Branning noted his attendance at the Board Meeting on February 3, 2025.
Mayor Marchand called for Item 4. Open Forum.
4. OPEN FORUM
Mayor Marchand opened the public comment period.
David McGuigan provided a comment.
Greg Scott provided a comment.
Suzy provided a comment.
Carol Silva provided a comment.
There were no more speakers, and the public comment period was closed.
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9. ADJOURNMENT – at 7:42 pm 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.
APPROVED: __________________________
JOHN P. MARCHAND , MAYOR
ATTEST: ___________________________
DEBORAH L. ELAM, CITY CLERK
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