JULY 28, 2025 Minutes CM/76/3
MINUTES
CITY COUNCIL
JULY 28, 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
4. OPEN FORUM
Mayor Marchand opened the public comment period.
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.
Item 5.8 Brian Bertossa, provided a comment.
Item 5.1 Karl Wente, provided a comment.
There were no more speakers, and the public comment period was closed.
ON THE MOTION OF COUNCIL MEMBER DUNBAR, SECONDED BY COUNCIL MEMBER BARRIENTOS, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 5.8 WHICH CARRIED ON A 4-0 VOTE WITH MAYOR MARCHAND ABSTAINING.
5.1 Approval of draft minutes - July 14, 2025 Regular Meeting.
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5.2 Adoption of Ordinance 2176 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.
Adoption of Ordinance 2177 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”.
Adoption of Ordinance 2178 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”.
5.3 Resolution 2025-119 authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the Holmes Street Decorative Fence Replacement West Side from Catalina Drive to El Caminito Project 2006-54.
5.4 Resolution 2025-120 accepting public improvements constructed by Ponderosa Homes II, Inc., pursuant to the Subdivision Improvement Agreement for Final Tract Map 8471, located north of the intersection between Lomitas Avenue and Bella Vista Place, for permanent maintenance and authorizing release of security and accepting offers of dedication of Lomitas Avenue, Bella Kristina Lane, Public Utility Easement, and Sidewalk Easement.
5.5 Resolution 2025-121 summarily vacating a portion of a storm drain easement on Parcel 4 of Parcel Map 5300 Legacy Apartments property and authorizing the City Manager to quitclaim the vacated storm drain easement.
5.6 Resolution 2025-122 determining Tract 8612, Shea Aura, located south of Portola Avenue and west of Tranquility Circle, is annexed to the City of Livermore Community Facilities District No. 2023-1 ( Isabel Neighborhood Specific Plan Services).
5.7 Resolution 2025-123 authorizing the approval of A & B Construction's request to withdraw their bid proposal and awarding a construction agreement to Marinship Development Interest LLC, in the amount of $4,493,313, for the Storm Drain Trash Capture Project SD202425.
5.8 Resolution 2025-124 authorizing the award of a contract to GradeTech Inc. in the amount of $ 6,208,025 for the Springtown Community Park and Disc Golf Course Project PB202319.
5.9 Resolution 2025-125 authorizing execution of Amendment No. 1 to the CM/76/4 Minutes JULY 28, 2025
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Freeway Maintenance Agreement between the City of Livermore and the State of California acting by and through the Department of Transportation that requires the City to maintain the trash capture device to be installed within Caltrans right- of-way as part of 2024 Storm Drain Trash Capture Project SD202425.
5.10 Resolution 2025-126 certifying the City of Livermore's updated Sewer System Management Plan.
5.11 Resolution 2025-127 ratifying the execution of a sixth amendment to the agreement with Tri-Valley Janitorial Service and Supply, Inc. for janitorial services to increase the not-to exceed amount by $199,000 from $1,729,454 to $1,928,454 and extend the term through October 31, 2025.
5.12 Resolution 2025-128 authorizing write-off of accounts receivable balance.
5.13 Resolution 2025-129 approving the Memorandum of Understanding between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters, Local 1974 Battalion Chief’s Unit.
5.14 Resolution 2025-130 approving the Memorandum of Understanding MOU) between the Livermore/Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters, Local 1974 and appropriating funds for FY 2025-26 and 2026-27 to cover the increased salary and benefit expenses for both the International Association of Firefighters, Local 1974 (IAFF) and International Association of Firefighters, Local 1974 Battalion Chief's Unit IAFF BC) MOUs.
5.15 Resolution 2025-131 approving the amended City of Livermore Salary Plan dated July 28, 2025, adding the Retired Annuitant Salary Schedule, in accordance with California Code of Regulations, Title 2, Section 570.5.
5.16 Resolution 2025-132 approving City Council Values, Norms and Principles of Governance, and City Council Meeting Rules of Procedure.
Resolution 2025-133 amending and adopting the City Council Meeting Rules of Procedure.
6. PUBLIC HEARINGS
6.1 Hearing to place delinquent sewer accounts on the Property Tax Roll.
Recommendation: Staff recommended the City Council hold a public hearing to consider protests, adopt a resolution overruling protests to place delinquent sewer accounts on the property tax roll, and direct staff to forward a finalized copy of the assessment list to the County Tax Assessor.
Ann Furtado, Accounting Supervisor, presented the staff report.
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Mayor Marchand opened the public hearing.
There were no speakers, and the hearing was closed.
ON THE MOTION OF VICE MAYOR BRANNING, SECONDED BY COUNCIL MEMBER WANG AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2025-134 considering and overruling protests to place delinquent sewer accounts on the property tax roll.
6.2 Hearing to adopt FY 2025-26 Sewer Service and Use Charges Report and authorize Residential Charges to be collected in the same manner, by the same persons, and at the same time as, together with and not separately from, the City’s General Taxes.
Recommendation: Staff recommended the City Council hold a public hearing to consider all objections or protests, if any, to the written report describing each parcel of real property receiving wastewater services and the amount of the service charge for each parcel, adopt a resolution approving the residential Sewer Service and Use Charges report, and authorize collection of report amounts on the property tax roll by the Alameda County Tax Assessor.
Ann Furtado, Accounting Supervisor, 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 BARRIENTOS, SECONDED BY COUNCIL MEMBER DUNBAR AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2025-135 adopting the sewer service and use charges report for FY 2025-2026 and authorizing residential charges to be collected in the same manner, together with and not separately from the City’s general taxes.
6.3 Hearing to consider a request for the second amendment to Development Agreement 18-001 to revise the terms and timing of the off- site improvements including a public trail and public sewer line. The Development Agreement vests a previously approved project for 186 two- and three- story townhomes on a vacant 35-acre site located at the terminus of Lassen Road northwest of the First Street/ I-580 Interchange and north of I-580.
Recommendation: Planning Commission and Staff recommended the City Council:
1. Adopt a resolution finding that the environmental impacts of the Second Docusign Envelope ID: D5A7FE4B- DEA7- 4E34- A19C- D9034401D98B JULY 28, 2025 Minutes CM/76/7
Amendment to the Development Agreement for the Lassen Road Townhome Project are within the scope of the 2020 Initial Study and Mitigated Negative Declaration, the Active Transportation Initial Study and Mitigated Negative Declaration, and the Springtown Trunkline Sewer Initial Study and Mitigated Negative Declaration;
2. Direct the Planning Manager to file a Notice of Determination, in accordance with the provisions of the California Environmental Quality Act ( CEQA), subject to project approval; and
3. Introduce an ordinance, and waive the first reading, amending Development Agreement (DA) 18-001.
Emily LaDue, Consultant-Planning Tech, 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 RESOLUTION AND INTRODUCED THE
FOLLOWING ORDINANCE:
Resolution 2025-136 finding that the environmental impacts of the second amendment to the Development Agreement for Lassen Road Townhome Project are within the scope of the 2020 Initial Study and Mitigated Negative Declaration, the Active Transportation Initial Study, and Mitigated Negative Declaration, and the Springtown Trunkline Sewer Initial Study and Mitigated Negative Declaration.
Ordinance introduced approving Development Agreement Amendment (DAA) 25-001.
7. MATTERS FOR CONSIDERATION
7.1 Adoption of a resolution ratifying, reaffirming, and readopting the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc., excluding the construction of and improvements to Veterans Park.
Recommendation: Staff recommended the City Council:
1. Adopt a resolution ratifying, reaffirming, and readopting the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc., excluding the construction of and improvements to Veterans Park, and acknowledging that the agreement remains in effect as of the date it was signed; and
2. Direct the Planning Manager to file a Notice of Exemption, in accordance with the provisions of the California Environmental Quality Act, subject to approval of the resolution.
Shannon Pagan, Assistant Planner, presented the staff report.
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Mayor Marchand opened the public comment period.
Tom Ramos provided a comment.
Thomas Soules provided a comment.
Trish Munro provided a comment.
Vasko Yorgov provided a comment.
Sherri Souza provided a comment.
Julie provided a comment.
Carol Silva provided a comment.
Nathan Tran provided a comment.
Jan Brovont provided a comment.
Alan Barnham provided a comment.
Karl Wente provided a comment.
There were no more speakers, and the public comment period was closed.
ON THE MOTION OF VICE MAYOR BRANNING, SECONDED BY COUNCIL MEMBER WANG AND CARRIED ON A 4-1 VOTE, WITH COUNCIL MEMBER
BARRIENTOS VOTING NO, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2025-137 ratifying, reaffirming, and readopting the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc., excluding the construction of and improvements to Veterans Park, and acknowledging that the agreement remains in effect as of the date it was signed.
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.
Asbury United Methodist Church Council Member Barrientos discussed a recent back-to-school backpack stuffing event.
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Center for Elder Independence Council Member Dunbar noted his attendance at the July 25, 2025, PACE grand opening.
City of Livermore Library Council Member Dunbar noted his attendance at the July 22, 2025, Carolyn Lord presentation.
City of San Ramon Council Member Dunbar noted his attendance at the July 19, 2025, grand opening of the Iron Horse Trail Bicycle and Pedestrian Overcrossing at Bollinger Road.
Livermore Unified School District Vice Mayor Branning announced the upcoming start to the new school year.
National Night Out Vice Mayor Branning announced the upcoming event on August 5, 2025.
9. ADJOURNMENT – at 8:31 pm to a Special City Council Closed Session Meeting on Monday, August 4, 2025 at 5:00 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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