MINUTES
CITY COUNCIL
SEPTEMBER 8, 2025
SUMMER LEARNING AWARDS PRESENTATION
6:00 PM
LIBRARY SUMMER LEARNING AWARDS - 6: 00 pm
1. CALL TO ORDER - Mayor Marchand called the meeting to order at 6: 03 pm. Present: Mayor John Marchand, Vice Mayor Evan Branning, and Council Members Steven Dunbar, and Kristie Wang. Council Member Barrientos was absent. Library Director Anwan Baker and Assistant Library Services Director Nathan Brumley presented the Summer Reading Program awards.
Council Member Barrientos arrived at 6: 36 pm.
CLOSED SESSION
CALL TO ORDER – The Closed Session of the City Council was called to order by Mayor John Marchand at 6:45 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)
1.2 Conference with Real Property Negotiator. To meet with Paul Spence, Assistant City Manager and Brent Smith, Community Development Director, the City’s negotiators pursuant to Government Code section 54956. 8, regarding the sale and purchase of a portion of real property at Assessor’s Parcel No. 99-950- 8- SEPTEMBER 8, 2025 Minutes CM/ 76/13
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2. The City' s negotiators may negotiate with Mat Fuzie, General Manager, on behalf of Livermore Area Recreation and Park District. The instructions will concern price and terms of payment.
REGULAR MEETING
2. CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 7:01 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
Acting City Attorney Tara Mazzanti provided the following report of action taken in Closed Session:
Pursuant to Government Code 54957. 1(a), I’m reporting that in the matter of Alameda County Taxpayers’ Association and Alan Heckman v. City of Livermore, Alameda County Superior Court Case No. 23CV047436, the City Council voted unanimously to approve the settlement agreement and mutual release signed by the Petitioners that releases the City of Livermore and resolves the lawsuit in exchange for:
1. A $ 1,562, 379 credit to the water utility and $ 2,220, 621 credit to the sewer utility pursuant to Government Code 53758. 5;
2. Cessation of charging the water and sewer utilities rent for the use of the public right- of-way pursuant to the methodology in the 2009 MGT of America Study;
3. Creation of a restricted fund for street pavement maintenance costs paid by the water and sewer utilities; and
4. The payment of $ 271, 000 in attorneys’ fees.
This case concerned transfers of funds from the water, sewer, and stormwater enterprises to the general fund. The City Council has authorized the City Manager to execute the settlement agreement and mutual release.
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Proclamation declaring September 2025 as Emergency Preparedness Month, presented to Herbert Cole, City of Livermore Emergency Manager Mayor Marchand presented a proclamation to Herbert Cole, Emergency Manager, declaring September 2025 as Emergency Preparedness Month.
3.2 Proclamation declaring September 2025 as Library Card Sign- up Month, presented to Nathan Brumley, Assistant Library Services Director Docusign Envelope ID: F94F91E1- 163F- 42FE- 9782- 9C5BEECB2600 SEPTEMBER 8, 2025 Minutes CM/ 76/15
Mayor Marchand presented a proclamation to Nathan Brumley, Assistant Library Services Director, declaring September 2025 as Library Card Sign- up Month.
3.3 Proclamation declaring September 15- 21, 2025, as Pollution Prevention Week presented to Braden Christensen, Water Resource Source Control Inspector.
Mayor Marchand presented a proclamation to Braden Christensen, Water Resource Source Control Inspector, declaring September 15-21, 2025, as Pollution Prevention Week.
4. ADVISORY BODY APPOINTMENTS – NONE
5. OPEN FORUM
Mayor Marchand opened the public comment period.
Greg Scott provided a comment.
Connie Kopps provided a comment.
There were no more speakers, and the public comment period was closed.
6. CONSENT CALENDAR
Mayor Marchand opened the public comment period.
Item 6.8 Larry Gosselin provided a comment.
There were no more speakers, and the public comment period was closed.
Item 6.1 was removed from the Consent Calendar for separate discussion and action.
ON THE MOTION OF COUNCIL MEMBER DUNBAR, SECONDED BY VICE MAYOR BRANNING, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 6.1.
6.1 Acknowledgement of draft minutes - February 1, 2021 Special Meeting.
Debbie Elam, City Clerk, attested the minutes from February 1, 2021.
6.2 Approval of draft minutes - July 28, 2025 Special Closed Session Meeting, July 28, 2025 Special Workshop Meeting, July 28, 2025 Regular Meeting, August 4, 2025 Special Closed Session Meeting, and August 11, 2025 Special Closed Session Meeting.
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6.3 Adoption of Ordinance 2179 amending Development Agreement ( DA) 18- 001 revising 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.
6.4 Introduce an ordinance amending and revising the Building Code, Property Maintenance Code, Fire Code, Electrical Code, Mechanical Code, Plumbing Code, Residential Code, Swimming Pool and Spa Code, Wildland Urban Interface Code, and the Green Building Standards Codes in the City' s Municipal Code, to adopt by reference and amend the 2025 California Building Standards Code and the codes set forth therein. No amendments are proposed to the California Residential Code or other codes currently governing residential structures. All provisions related to residential construction remain substantially similar to current regulations, with only editorial revisions that do not affect regulatory requirements.
6.5 Introduce an ordinance amending Title 3, Chapter 3.45 Social Opportunity Endowment Fund ( SOE) sections 3.45.020 Purpose of the Fund and 3.45.040 Administration and Organization of Fund in the Livermore Municipal Code.
6.6 Resolution 2025- 138 ratifying the execution of a fourth amendment to the agreement with Consolidated Engineering Laboratories for construction inspection, special inspections, and material testing services for the Livermore Village Parking Garage Project DR586003 to increase the not- to-exceed amount by $ 100, 000 from $ 624, 000 to $ 724, 000 and extend the termination date to June 30, 2026.
6.7 Resolution 2025- 139 authorizing execution of agreements with Swaim Biological, Inc., in an amount not- to-exceed $ 800, 000 and with WRA, Inc. in an amount not- to-exceed $ 500, 000 to provide on-call engineering environmental support services with terms ending December 31, 2028.
6.8 Resolution 2025- 140 authorizing the City Manager to execute a Memorandum of Agreement with the East Bay Regional Park District for the interim and long- term land management and monitoring of the 211- acre Doolan Canyon Conservation Easement Project that provides wildlife habitat mitigation for the El Charro Specific Plan Development, Isabel Interchange Project, and the Livermore Toyota Dealership Development Project.
6.9 Resolution 2025- 141 accepting the Altamont Landfill Open Space Committee’s recommendation to fund the University of California Davis Road Ecology Center grant request in the amount of $ 246, 803 for consultant services; and
Resolution 2025- 142 accepting the Altamont Landfill Open Space Committee’s recommendation to fund the California Rangeland Trust grant request in the Docusign Envelope ID: F94F91E1- 163F- 42FE- 9782- 9C5BEECB2600 SEPTEMBER 8, 2025 Minutes CM/ 76/17
amount of $ 790, 468, for the purchase of a conservation easement for the Sweet Ridge Ranch ( 160- Acres) in eastern Alameda County; and Resolution 2025- 143 accepting the Altamont Landfill Open Space Committee’s recommendation to fund the Tri-Valley Conservancy grant request in the amount of $ 25,000 for consultant services; and
Resolution 2025- 144 accepting the Altamont Landfill Open Space Committee' s recommendation to fund the Tri-Valley Conservancy grant request in the amount of $ 500, 000 for the purchase of the Altamont Hills property ( 32-acres) in eastern Alameda County ( APN 99-5680- 4).
6.10 Resolution 2025- 145 determining Tract 8659, Isabel Crossings, located south of Portola Avenue and west of Isabel Avenue, is annexed to the City of Livermore Community Facilities District No. 2023- 1 (Isabel Neighborhood Specific Plan Services).
6.11 Resolution 2025- 146 determining that Parcel Map 11219, SMP 40, located south of Atlantis Street and Challenger Street is annexed to the City of Livermore Community Facilities District No. 2021- 1 (Maintenance and Public Services).
6.12 Resolution 2025- 147 adding the Arroyo Vista Base Repairs Project SM202629 to the 2025- 2030 Capital Improvement Plan and authorizing allocations of $ 400, 000 of County Measure BB – Local Streets & Roads ( Fund 552) in Fiscal Year 2025- 26.
6.13 Resolution 2025- 148 authorizing an agreement between City of Livermore and The Alliance for Community Wellness dba La Familia to allocate $ 350, 000 in Opioid Settlement Funds for predevelopment costs of a substance use disorder treatment facility located at 16459 Tesla Road in the unincorporated county.
6.14 Resolution 2025- 149 authorizing execution of an agreement with Blair, Church & Flynn Consulting Engineers, in an amount not- to-exceed $ 289, 400 and a term ending December 31, 2029, to provide design and construction support services for the City Fleet Electrification, Phase 2 Project BL202514.
6.15 Resolution 2025- 150 authorizing execution of a purchase order with 72 Hour LLC dba National Auto Fleet Group for four replacement Ford Super Duty F250 XL 2WD Super Cab Trucks with Scelzi bodies in an amount not- to-exceed $ 368, 191.
6.16 Resolution 2025- 151 approving City Council Policy on City Officials’ Use of Electronic Communications and Social Media.
6.17 Resolution 2025- 152 appointing an Acting City Attorney.
7. PUBLIC HEARINGS
7.1 Hearing to consider a request to approve development of a new, approximately 225, 500 square- foot light industrial building and research and Docusign Envelope ID: F94F91E1- 163F- 42FE- 9782- 9C5BEECB2600 CM/ 76/18 Minutes SEPTEMBER 8, 2025
development facility on an approximately 14- acre vacant parcel along West Jack London Boulevard west of the Oaks Business Park and an economic incentive package. The facility would test and demonstrate commercially viable clean energy through fusion power.
Recommendation: The Planning Commission and staff recommended the City Council:
1. Adopt a resolution finding that the project is exempt under the California Environmental Quality Act section 21080. 69, as amended by Senate Bill 131, a project that consists exclusively of a facility for advanced manufacturing and certify/ adopt an Addendum to the SMP 39/SMP 40 Environmental Impact Report, in accordance with the California Environmental Quality Act;
2. Introduce an ordinance, and waive the first reading of Planned Development Industrial Zoning Amendment ( PD- I) 25- 002 and direct staff not to proceed with a second reading or adoption of the ordinance if Pacific Fusion opts not to locate in Livermore, thereby invalidating the project approvals established by resolution;
3. Adopt a resolution approving Vesting Tentative Tract Map Amendment VTTM) 8656/ Subdivision ( SUB) 25-001, Site Plan Design Review ( SPDR) 25- 005, and Conditional Use Permit ( CUP) 25- 002; and
4. Direct the Planning Manager to file a Notice of Exemption and Notice of Determination, in accordance with the provisions of the California Environmental Quality Act, subject to project approval.
Recommendation: Staff recommended the City Council:
1. Adopt a resolution authorizing economic incentive package terms for Pacific Fusion and directing staff to proceed with negotiating an economic incentive agreement and to prepare related documents for subsequent Council action.
Emily LaDue, Planning Tech Consultant, presented the staff report.
Keith LeChien, co-founder and Chief Technology Officer for Pacific Fusion, provided brief comments.
Mayor Marchand opened the public hearing.
Greg Scott provided a comment.
Rick Stulen provided a comment.
Katie Marcel provided a comment.
Alan Burnham provided a comment.
Drew Felker provided a comment.
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Tracy Farhad provided a comment.
Alan Marling provided a comment.
There were no more speakers, and the hearing was closed.
ON THE MOTION OF VICE MAYOR BRANNING, SECONDED BY COUNCIL MEMBER BARRIENTOS AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL
ADOPTED THE FOLLOWING RESOLUTIONS AND INTRODUCED THE
FOLLOWING ORDINANCE:
Resolution 2025- 153 finding that the project is exempt under the California Environmental Quality Act section 21080. 69, as amended by Senate Bill 131, a project that consists exclusively of a facility for advanced manufacturing Resolution 2025- 154 certifying/ adopting an Addendum to the SMP 39/SMP 40 Environmental Impact Report, in accordance with the California Environmental Quality Act
Introduced an Ordinance and waived the first reading of Planned Development Industrial Zoning Amendment ( PD- I) 25-002 and direct staff not to proceed with a second reading or adoption of the ordinance if Pacific Fusion opts not to locate in Livermore, thereby invalidating the project approvals established by resolution Resolution 2025- 155 approving Vesting Tentative Tract Map Amendment ( VTTM) 8656/ Subdivision ( SUB) 25-001, Site Plan Design Review ( SPDR) 25-005, and Conditional Use Permit ( CUP) 25- 002.
Resolution 2025- 156 authorizing economic incentive package terms for Pacific Fusion and directing staff to proceed with negotiating an economic incentive agreement and to prepare related documents for subsequent Council action.
8. MATTERS FOR CONSIDERATION
8.1 Designation of voting delegate and alternates for the 2025 League of California Cities General Assembly.
Recommendation: Staff recommend the City Council appoint one voting delegate and up to two alternates to represent the City of Livermore at the 2025 League of California Cities General Assembly.
Mayor Marchand opened the public comment period.
There were no speakers, and the public comment period was closed.
ON THE MOTION OF MAYOR MARCHAND, SECONDED BY COUNCIL
MEMBER WANG AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL
APPOINTED VICE MAYOR BRANNING AS THE VOTING DELEGATE WITH Docusign Envelope ID: F94F91E1- 163F- 42FE- 9782- 9C5BEECB2600 CM/ 76/20 Minutes SEPTEMBER 8, 2025
COUNCIL MEMBERS BARRIENTOS AND WANG AS ALTERNATES.
8.2 Resolution appointing and approving an employment contract with a new City Attorney.
Recommendation: The City Attorney Selection Committee recommended the City Council adopt a resolution appointing Kimberly D. Cilley as City Attorney and approving the employment contract.
Tina Olson, Administrative Services Director, 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 COUNCIL MEMBER DUNBAR AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2025- 157 appointing and approving an employment contract with a new City Attorney.
9. 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.
Livermore Bikes and Brews 2025 Council Member Dunbar announced an upcoming annual event on October 11, 2025 and urged interested parties to register.
Livermore Lions Club Council Member Barrientos discussed his attendance at a virtual summit August 17, 2025 and a co-hosted Summer Festival event September 6, 2025.
City of Livermore/ Livermore Area Recreation and Parks District Vice Mayor Branning announced the upcoming Livermore Community Service Day on September 20, 2025.
10. ADJOURNMENT – at 8:36 pm in memory of Alan Frank, former City Historian, to a Special City Council Meeting on Monday, September 29, 2025 at 5:00 pm, and a Regular City Council Meeting on Monday October 13, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S. Livermore Avenue.
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APPROVED:
JOHN P. MARCHAND, MAYOR
ATTEST: ___
DEBORAH L. ELAM, CITY CLERK
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