JULY 14, 2025 Minutes CM/ 75/469
MINUTES
CITY COUNCIL
JULY 14, 2025
CLOSED SESSION
CALL TO ORDER – The Closed Session of the City Council was called to order by Mayor John Marchand at 6:15 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.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL
REGARDING CLOSED SESSION ITEMS.
Mayor Marchand opened the public comment period.
There were no speakers, the public comment period was closed.
1. ADJOURN TO CLOSED SESSION
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) 1. Alameda County Taxpayers’ Association Inc, et al. v. Livermore, Alameda County Superior Court Case No. 23CV047436
1.2 PUBLIC EMPLOYEE EMPLOYMENT: Public employee recruitment pursuant to Government Code section 54957( b). Title of position to be filled: City Attorney.
REGULAR MEETING
2. CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 7:03 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
REPORT OF ACTION TAKEN IN CLOSED SESSION
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City Attorney Jason Alcala stated there was no reportable action.
3. PROCLAMATIONS AND PRESENTATIONS – NONE
4. OPEN FORUM
Mayor Marchand opened the public comment period.
Craig Younger provided a comment.
Greg Scott provided a comment.
Cy Matin provided a comment.
There were no more speakers, and the public comment period was closed.
5. CONSENT CALENDAR
Mayor Marchand opened the public comment period.
Items 5.2 and 5.7 Greg Scott provided a comment.
There were no more speakers, and the public comment period was closed.
Item 5.12 was removed from the Consent Calendar for separate discussion and was approved as part of the Consent Calendar vote which included recommended changes and updates to the proposed Legislative Platform.
ON THE MOTION OF VICE MAYOR BRANNING, SECONDED BY COUNCIL MEMBER DUNBAR, AND CARRIED ON A 5-0, THE CITY COUNCIL APPROVED CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 5.1.
ON THE MOTION OF COUNCIL MEMBER DUNBAR, SECONDED BY COUNCIL MEMBER WANG, AND CARRIED ON A 4-0 VOTE, WITH VICE MAYOR
BRANNING ABSTAINING DUE TO HIS INELIGIBILITY TO VOTE DUE TO ABSENCE ON JUNE 23, 2025, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 5.1.
5.1 Approval of draft minutes - June 23, 2025 Regular Meeting.
5.2 Resolution 2025- 103 authorizing delegation of authority to the City Manager to award a construction contract, in an amount not- to-exceed $ 1,200, 000, for the Stream Maintenance by Contractors Project, Project No. SD202523, for repairs at Holmes Street and the Arroyo Mocho.
5.3 Resolution 2025- 104 approving Final Tract Map 8714 Arroyo Vista, authorizing the execution of a Subdivision Improvement Agreement for the Arroyo Vista project located on the west side of the Arroyo Seco Channel along Las Positas Road, and accepting on behalf of the public, all real property offered for Docusign Envelope ID: 9E463764- A9E6- 4ABB- BC2C- F7126199D4A4 JULY 14, 2025 Minutes CM/ 75/471
dedication within Final Tract Map 8714 except for certain dedications which the City Council reserves the right to accept at a future date.
5.4 Resolution 2025- 105 authorizing minor modifications to the Third Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials, and Compostable Materials Services
5.5 Resolution 2025- 106 authorizing the approval of K.J. Woods Construction, Inc.'s request to withdraw their bid proposal, authorizing supplemental appropriations to the Fiscal Year 2025- 26 budget, and awarding a construction agreement to DPI, Inc., in the amount of $ 4,798, 723, for the Sewer Replacement Project, WW202003.
5.6 Resolution 2025- 107 authorizing the execution of an agreement with Pencco, Inc. for the supply and delivery of ferric chloride for use at the Water Reclamation Plant in an amount not- to-exceed $ 210, 600.
5.7 Resolution 2025- 108 authorizing execution of an agreement with Univar Solutions USA, LLC for the supply and delivery of sodium hypochlorite ( 12.5%) for use at the Water Reclamation Plant, in an amount no- to-exceed $ 705, 000.
5.8 Resolution 2025- 109 authorizing the execution of a two- year agreement with Interwest Consulting Group to provide planning services in an amount not- to- exceed $ 390, 000.
5.9 Resolution 2025- 110 approving the Memorandum of Understanding between the City of Livermore and the Livermore Management Group ( LMG).
5.10 Resolution 2025- 111 approving the Memorandum of Understanding between the City of Livermore and the Livermore Police Management Association.
5.11 Resolution 2025- 112 approving the City of Livermore Salary Plan as of July 14, 2025, in accordance with California Code of Regulations, Title 2, Section 570. 5.
5.12 Resolution 2025- 113 approving the 2025- 26 City of Livermore State and Federal Legislative Platform and updating the City' s Legislative Platform to a two - year cycle.
5.13 Approval of the City Council 2026 Meeting Calendar.
6. PUBLIC HEARINGS
6.1 Public Hearing to consider protests related to the non- payment of solid waste, recycling, and organics handling services provided by Livermore Sanitation for collection on the County Assessor tax roll.
Recommendation: Staff recommended the City Council hold a Public Hearing to:
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1. Consider protests related to the non- payment of solid waste, recycling, and organics services;
2. Adopt a resolution overruling protests;
3. Confirm the Fiscal Year 2023- 2024 assessments if applicable;
4. Direct staff to forward a finalized copy of the assessment report to the County Tax Assessor; and
5. Authorize the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.
Recycling Specialist Anna Zamboanga presented the staff report.
Mayor Marchand opened the public hearing.
There were no speakers, and the hearing was closed.
ON THE MOTION OF COUNCIL MEMBER DUNBAR, SECONDED BY COUNCIL MEMBER BARRIENTOS AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2025- 114 considering and overruling objections and protests to delinquent service fees and confirming assessments – Livermore Sanitation Accounts
6.2 Public Hearing to receive and consider the Comprehensive Housing Update to the Livermore Development Code and establishment of Mixed -Use and Multifamily Objective Design Standards ( Development Code Amendment ( DCA) 23- 001 and Policy Proposal ( POL) 25- 001)
Recommendation: The Planning Commission and staff recommended the City Council:
1. Adopt a resolution finding the project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061( b)(3) and Government Code Sections 65852. 2, 65852. 21, 65852. 24, 65912. 114 and 65912. 124;
2. Adopt a resolution approving the Mixed -Use and Multifamily Objective Design Standards;
3. Introduce an ordinance, and waive the first reading, repealing Development Code housing sections 6.02.030 Density Bonus, 6.03.060 Emergency Shelters, 6.03.070 Farmworker Housing, 6.03.080 Mobile Homes and Mobile Home Parks, 6.03.120 Accessory Dwelling Unit s, and 10.06.050 Affordable Housing, and adopting a new “Part 11 Housing” chapter in the Development Code;
4. Introduce an ordinance, and waive the first reading, amending Development Code sections 9.07.020 Applicability, 9.07.030 ( Table 9.3 Review Authority for Site Plan and Design Review), 9.07.040 Application Filing, Processing, and Review, of “Part 9 Permits and Approvals”, and sections 10.01.050 Table 10.1 Subdivision Review Authorities), and 10.02.050 Tentative Map Public Hearing and Action of "Part 10 Subdivisions"; and
5. Introduce an ordinance, and waive the first reading, amending various Docusign Envelope ID: 9E463764- A9E6- 4ABB- BC2C- F7126199D4A4 JULY 14, 2025 Minutes CM/ 75/473
Development Code sections for internal consistency with new “ Part 11 Housing” and amendments to “Part 9 Permits and Approvals” and “Part 10 Subdivisions”.
Associate Planner Turhan Sonmez presented the staff report.
Mayor Marchand opened the public hearing.
There were no speakers and the hearing was closed.
ON THE MOTION OF COUNCIL MEMBER DUNBAR, SECONDED BY VICE MAYOR BRANNING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL
ADOPTED THE FOLLOWING RESOLUTIONS WITH RECOMMENDED
CHANGES, AND INTRODUCED THE FOLLOWING ORDINANCES:
Resolution 2025- 115 finding that the comprehensive housing update to the Livermore Development Code and the Mixed- Use and Multifamily Objective Design standards are exempt from the provisions of the California Environmental Quality Act Development Code Amendment ( DCA) 23- 001 and Policy Proposal POL) 25-001
Resolution 2025- 116 approving Policy Proposal ( POL) for the Mixed- Use and Multifamily Objective Design Standards
Ordinance introduced repealing Development Code housing sections 6.02.030 Density Bonus, 6.03.060 Emergency Shelters, 6.03.070 Farmworker Housing,
6.03.080 Mobile Homes and Mobile Home Parks, 6.03.120 Accessory Dwelling Units, and 10.06.050 Affordable Housing, and adopting a new “Part 11 Housing” chapter in the Development Code
Ordinance introduced amending Development Code sections 9.07.020 Applicability, 9.07.030 ( Table 9.3 Review Authority for Site Plan and Design Review), 9.07.040 Application Filing, Processing, and Review, of “Part 9 Permits and Approvals”, and sections 10.01.050 ( Table 10.1 Subdivision Review Authorities), and 10.02.050 Tentative Map Public Hearing and Action of " Part 10 Subdivisions"
Ordinance introduced amending various Development Code sections for internal consistency with new “Part 11 Housing” and amendments to “Part 9 Permits and Approvals” and “Part 10 Subdivisions”
6.3 Public Hearing to adopt 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 Docusign Envelope ID: 9E463764- A9E6- 4ABB- BC2C- F7126199D4A4 CM/ 75/474 Minutes JULY 14, 2025
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; and
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 facilities.
Sustainability Program Manager Tricia Pontau presented the staff report.
Andy McElroy, AVA Solar and Storage Associate, provided a comment.
Mayor Marchand opened the public hearing.
Alan Marling provided a comment.
There were no more speakers, and the hearing was 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- 117 determining that the Renewable Energy & Storage Power Purchase Agreement with AVA Community Energy to install, operate, and maintain solar and battery storage systems at critical municipal facilities is exempt from the provisions of the California Environmental Quality Act
Resolution 2025- 118 authorizing execution of a Renewable Energy & Storage Power Purchase Agreement with AVA Community Energy to install, operate, and maintain solar and battery storage systems at critical municipal facilities
7. MATTERS FOR CONSIDERATION – NONE
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 of Livermore Council Member Barrientos noted his attendance at the Fourth Docusign Envelope ID: 9E463764- A9E6- 4ABB- BC2C- F7126199D4A4 JULY 14, 2025 Minutes CM/ 75/475
of July event at Livermore Airport.
Altamont Landfill Community Monitor Committee Council Member Barrientos noted his attendance at a recent meeting on July 9, 2025.
StopWaste Council Member Barrientos noted his attendance at a recent meeting on June 25, 2025.
East Bay Society for the Prevention of Cruelty to Animals ( SPCA) Council Member Barrientos discussed a recent visit to the facility and Council Member Dunbar provided resources regarding feral cats.
City Council directed staff to review the number of ADA parking spaces downtown once the L Street Parking Garage is completed.
9. ADJOURNMENT – at 8:36 pm in memory of John Concannon to a Special City Council Meeting Closed Session on Monday, July 28, 2025 at 4:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S. Livermore Avenue .
APPROVED:
JOHN P. MARCHAND, MAYOR
ATTEST:
DEBORAH L. ELAM, CITY CLERK
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