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Livermore City Council
February 24, 2025

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February 24, 2025
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CITY COUNCIL
AGENDA
MONDAY, FEBRUARY 24, 2025
REGULAR MEETING –
7:00 PM
CLOSED SESSION 6:30 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 24, 2025

1. CLOSED SESSION - 6:30 PM

Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
Note: This Closed Session my be continued to the end of the Regular Meeting.

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)

Hinderliter, de Llamas and Associates v. City of Livermore, Alameda County Superior Court Case No. 25CV109909.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation declaring February 2025 as American Heart Month, presented to Padmaja Vasireddy, Community Impact Manager for Health Strategies and Lisa Bellini, Senior Community Impact Director for Health Strategies American Heart Association.

Recommendation:

Staff recommends City Council declare February 2025 as American Heart Month.

Staff Report

Attachments:

1. Proclamation

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

ROLL CALL

Council Member Ben Barrientos
Council Member Steven Dunbar
Council Member Kristie Wang
Vice Mayor Evan Branning
Mayor John Marchand

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION

Livermore City Council Agenda
February 24, 2025

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 - February 10, 2025 Regular Meeting

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

1. DRAFT 2025-02-10

5.2 Adopt an ordinance amending Livermore Municipal Code Chapter 13.35 Sewer Service and Use Charges Section 13.36.050 Rater per Service Unit

Recommendation:

Staff recommends the City Council
adopt an ordinance
amending Livermore Municipal Code
Chapter 13.36 Sewer Service and Use Charges, Section 13.36.050 Rates per Service Unit to streamline the rate setting process and for consistency in language with the other rate setting chapters of Title 13 Public Services.

Staff Report

Attachments:

1. Ordinance

5.3 Adopt an ordinance 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
adopt an ordinance

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 also recommends Council officially appoint the Interim Board members as permanent members.

Livermore City Council Agenda
February 24, 2025

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 a supplemental appropriation of Measure BB-Local Streets and Roads, Fund 830, in the amount of $150,000 in FY 2024-25 and awarding a construction contract with Devaney Engineering, Inc. in an amount not-to-exceed $646,011 for the construction of the Springtown Water Service Replacement Project 2023-14.

Recommendation:

Staff recommends City Council adopt a resolution for the Springtown Water Service Replacement Project 2023-14:
1 .

Authorizing a supplemental appropriation from Measure BB-Local Streets and Roads (Fund 830) in the amount of $150,000 in FY 2024-25 to fund project 2023-14; 2 .

Awarding a construction contract to Devaney Engineering, Inc., in an amount not-to- exceed $646,011, and authorizing the City Manager to sign the contract (Exhibit A); 3 .

Rejecting all other bids or proposals; and
4 .

Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution including approving minor changes to the proposed agreement for the Springtown Water Service Replacement Project 2023-

14. Staff Report

Attachments:

1. Vicinity Map

2. Resolution

3. Exhibit A - Agreement

5.5 Resolution authorizing execution of a second amendment to the agreement with Chrisp Company to continue providing on-call pavement striping and traffic sign installation services, increasing the not-to-exceed agreement amount from $200,000 to $400,000 and extending the term of the agreement from May 1, 2026, to December 31, 2027.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a second amendment to the agreement with Chrisp Company to continue providing on-call pavement striping and traffic sign installation services, increasing the not-to-exceed agreement amount from $200,000 to $400,000 and extending the term of the agreement from May 1, 2026, to December 31, 2027.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Second Amendment

Livermore City Council Agenda
February 24, 2025

5.6 Resolution authorizing additional appropriations and execution of consultant amendments for the Livermore Village (L Street) Parking Garage Construction Project DR586003.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the following actions for the Livermore Village (L Street) Parking Garage Construction Project DR586003:
1 .

Authorize a supplemental appropriation of $3,040,000 from 2022 COPs Construction Fund (Fund 540) to fund project DR586003.
2 .

Execute a fifth amendment to the agreement with Watry Buehler Collaborative, LLP, increasing the amount of the agreement by $660,000 to a total not-to-exceed amount of $2,751,800 for additional engineering services during construction; 3 .

Execute a second amendment to the agreement with Gannett Fleming Inc., increasing the amount of the agreement by $1,250,000 to a total not-to-exceed amount of $3,302,000 for additional construction management services during construction; 4 .

Execute a second amendment to the agreement with Consolidated Engineering Laboratories, increasing the amount of the agreement by $150,000 to a total not-to- exceed amount of $624,000 for additional inspection services during construction; 5 .

Authorize a supplemental appropriation of $300,000 from the General Liability Fund (Fund 700) for additional litigation services in FY 2024-25; and 6 .

Authorize the City Manager to sign the above amendments and to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed agreements.

Staff Report

Attachments:

1. Site Plan

2. Resolution

3. Exhibit A - Fifth Amendment to Watry Buehler Collaborative, LLP

4. Exhibit B - Second Amendment to Gannett Fleming Inc.

5. Exhibit C - Second Amendment to Consolidated Engineering Laboratories

5.7 Resolution a
uthorizing execution of a first amendment to the agreement with David L. Gates & Associates, Inc. for
additional
landscape
design and construction support services for the
Flagpole Plaza Project 2022-25, increasing the not-to-exceed contract amount from $280,528
to $320,528, with a term ending May 1, 2026
.

Recommendation:

Staff recommends the City Council adopt a resolution:
1 .

Authorizing the City Manager to execute a first amendment to the agreement with David L. Gates & Associates, Inc. for additional landscape design and construction support services for the Flagpole Plaza Project 2022-25, increasing the not-to-exceed contract amount from $280,528 to $320,528; and
2 .

Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution including approving minor changes to the proposed agreement.

Staff Report

Attachments:

Livermore City Council Agenda
February 24, 2025

1. Project Location

2. Resolution

3. Exhibit A - First Amendment

5.8 Resolution authorizing execution of an agreement with SVA Architects Inc., in an amount not- to-exceed $553,000 and a term ending April 30, 2028, to provide design and construction support services for the Fleet Shop Expansion Project 2022-12 at the Maintenance Service Center.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with SVA Architects Inc., in an amount not-to-exceed $553,000 and a term ending April 30, 2028, to provide design and construction support services for the Fleet Shop Expansion Project 2022-12.

Staff Report

Attachments:

1. Vicinity Map

2. Resolution

3. Exhibit A - Agreement

5.9 Resolution authorizing a first amendment to the agreement with Livermore Valley Joint Unified School District (LVJUSD) to include the requirements of insurance coverage for Horizons Family Counseling who provide school-based services at LVJUSD school sites, in the amount of $304,500 for Horizons Family Counseling for the period of July 1, 2024 to December 31, 2026.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute the first amendment to the agreement with Livermore Valley Joint Unified School District (LVJUSD) to include the requirements of insurance coverage.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - First Amendment

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 Hearing to consider a request for a Municipal Code Amendment, Development Code Amendment, Conditional Use Permit Modification, Development Agreement, Site Plan Design Review, and Site Plan Design Review Modification for the Parkwest Casino 580 Expansion Project and citywide cardroom operations.

Recommendation:

Livermore City Council Agenda
February 24, 2025

The Planning Commission and staff recommend the City Council:
1 .

Adopt a resolution approving the Initial Study/Mitigated Negative Declaration for the Parkwest Casino 580 Expansion Project, which includes city-wide Municipal Code and Development Code Amendments, pursuant to the California Environmental Quality Act (CEQA);
2 .

Adopt a resolution approving Conditional Use Permit Modification (CUPM) 24-001, Site Plan Design Review (SPDR) 24-010 and Site Plan Design Review Modification (SPDRM) 24-024;
3 .

Introduce an ordinance
and waive the first reading, approving Municipal Code
Amendment (MUNI) 24-002 and Development Code Amendment (DCA) 24-004; and, 4 .

Introduce an ordinance
and waive the first reading, authorizing execution of
Development Agreement (DA) 24-003.

Staff Report

Attachments:

1. Site Map

2. Planning Commission Staff Report

3. Planning Commission Draft Minutes 1-7-25

4. Parkwest Casino 580 Development Plans

5. DOJ Bureau of Gambling Control Letters

6. Resolution - CEQA

7. Exhibit A - Planning Commission CEQA Resolution 01-25

8. Exhibit B - Initial Study/Mitigation Negative Declaration

9. Exhibit C - Caltrans Comments

10. Exhibit D - Response to Comments

11. Exhibit E - Mitigation Monitoring and Reporting Progam

12. Resolution - Project

13. Exhibit A - Planning Commission Project Reso 02-25

14. Exhibit B - Conditions of Approval

15. Ordinance for Municipal Code Amendment and Development Code Amendment

16. Exhibit A - Municipal Code Amendment

17. Exhibit B - Livermore Development Code Text Amendment

18. Ordinance Adopting Development Agreement 24-003

19. Exhibit A - Development Agreement

6.2 Hearing to authorize negotiation of a Development Agreement with the Adventus Corporation to secure community benefits associated with requested land use designation changes to be considered as part of the proposed General Plan Update. Location: 3658 Las Colinas Road.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing staff to proceed with negotiating terms for a Development Agreement (DA24-004) with the Adventus Corporation to secure community benefits associated with requested land use designation changes to be considered by the City Council at a later date as part of the proposed General Plan Update.

Staff Report

Attachments:

1. Location Map

Livermore City Council Agenda
February 24, 2025

2. Resolution

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 2045 Comprehensive General Plan Update – 2045 Draft General Plan Land Use Map

Recommendation:

Staff recommends the City Council receive an update on 2045 Draft General Plan Land Use Map.

Staff Report

Attachments:

1. 2045 Draft General Plan Land Use Map

2. Summary of Council Direction on Land Use Focus Areas, June 10, 2024

3. Summary of Non-Focus Areas Land Use Changes

4. Draft 2045 General Plan Landuse Use Designations

5. Draft Residential Land Use Designations Comparison Graphic

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS

9. ADJOURNMENT

To a Special City Council meeting Monday, March 3, 2025 at 5:00 pm Civic Center Meeting Hall, William H. Mendenhall Room, 1016 S. Livermore Avenue, and a Regular City Council meeting on Monday, March 10, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

10. SUPPLEMENTAL MATERIALS

10.1 REVISED
Supplemental materials received prior to the meeting.

Staff Report

Attachments:

1. Revised Supplemental Materials

10.2 Supplemental materials received at the meeting.

Staff Report

Attachments:

1. Items Received at the Meeting

11. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING

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

Livermore City Council Agenda
February 24, 2025

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 City Council meetings. No public comment will be accepted via YouTube.

TV29:
tv29live.org
Comcast Cable 29
Livermore City Council Agenda
February 24, 2025

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 24, 2025

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