Livermore City Council 11/8/2021

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

4. CITIZENS FORUM

5. CONSENT CALENDAR

6. PUBLIC HEARINGS

7. MATTERS FOR CONSIDERATION

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY THE CITY MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS

9. ADJOURNMENT


CITY COUNCIL

NOVEMBER 8, 2021

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CLOSED SESSION

CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor Bob Woerner at 6:00 pm, held via teleconference using Zoom.

ROLL CALL - Present: Mayor Bob Woerner, Vice Mayor Trish Munro, and Council Members Regina Bonanno, Robert W. Carling and Brittni Kiick.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING CLOSED SESSION ITEMS.

Mayor Woerner opened the public comment period

There were no speakers and the hearing 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. (Two cases)

1. Gonzalez v. City of Livermore, Alameda County Superior Court Case No. HG-20055188.

2. In Re: National Prescription Opiate Litigation, United States District Court, Northern District of Ohio, Eastern Division, MDL 2804, Case No. 1:17-MD-2804. Discussion and direction whether to register as an eligible Non-Litigating Subdivision to participate in the nationwide settlements that are proposed to resolve all opioids litigation brought by states and local political subdivisions against the three largest pharmaceutical distributors (McKesson, Cardinal Health, and Amerisource), and against manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson. https://oag.ca.gov/opioids and https://nationalopioidsettlement.com/

1.2 Conference with Real Property Negotiator. To meet with Paul Spence and Steve Stewart the City's negotiators pursuant to Government Code section 54956.8, regarding an amendment to the disposition and development agreement approved on September 10, 2018, for the sale and disposition of the real property at Assessor's Parcel Numbers 098-0407-029-02, 098- 0289-013-11, and 098-0407-013-00. The City negotiators may negotiate with Rikesh Patel on behalf of the Presidio Companies, LLC and 2205 Railroad Avenue LLC. The instructions will concern amendments to the price and terms of payment in exchange for an amendment to the disposition and development agreement to allow for the development of a three-story hotel, as well as a possible loan from the City to Presidio Companies LLC and 2205 Railroad Avenue LLC to aid in the acquisition of the property at Assessor's Parcel Number 098-0282-009 for hotel parking.

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REGULAR MEETING

2.

2. CALL TO ORDER - The meeting of the City Council was called to order by Mayor Bob Woerner at 7:00 pm, held via teleconference using Zoom and YouTube.

ROLL CALL - Present: Mayor Bob Woerner, Vice Mayor Trish Munro and Council Members Regina Bonanno, Robert W. Carling, and Brittni Kiick.

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala stated that the City Council took two reportable actions relative to the case regarding National Prescription Opiate litigation:

1. First, the City Council City Attorney Jason Alcala, to register the City of Livermore to "opt into" the two proposed nationwide settlement agreements that obligate the three largest pharmaceutical distributors (McKesson, Cardinal Health, and AmerisourceBergen) to pay up to $21 billion over 18 years to affected states and agencies, and manufacturer Janssen Pharmaceuticals (and its parent company Johnson & Johnson) to pay up to $5 billion over 9 years, for use by states, counties, and cities participating in the settlement to remediate and abate the impacts of the opioid crisis.

2. Second, the City Council authorized City Manager Marc Roberts, or his designee, to sign, on behalf of the City of Livermore, all documents necessary for the City to participate in the settlements, provided the documents have been approved as to form by the City Attorney or his designee, and place on future City Council agenda appropriate resolutions authorizing the signing of the final settlement agreements.

3.

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Livermore Valley Performing Arts Center Annual Update provided by Executive Director Chris Carter.

Recommendation: Staff recommended the City Council receive the presentation.

Executive Director Chris Carter presented the annual update.

4.

4. CITIZENS FORUM

Mayor Woerner opened the public comment period.

Alan Marling provided a comment.

Karl Wente provided a comment.

There were no more speakers and the public comment period was closed.

5.

5. CONSENT CALENDAR

Item 5.7 was removed from the Consent Calendar for separate discussion and action. City Manager Marc Roberts provided a brief presentation.

Mayor Woerner opened the public comment period.

Item 5.3 Alan Marling commented on the item.

Item 5.3 Karl Wente commented on the item.

ON THE MOTION OF CM BONANNO, SECONDED BY VM MUNRO, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 5.7.

ON THE MOTION OF CM BONANNO, SECONDED BY CM KIICK, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 5.7

5.1 Approval of draft minutes - October 25, 2021 City Council Regular Meeting.

Recommendation: Staff recommended the City Council approve the draft minutes.

5.2 Resolution 2021-182 authorizing execution of an agreement with Trench Plate Rental, DBA Traffic Solutions for traffic control services in an amount not-to-exceed $850,000.

Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of an agreement with Trench Plate Rental, DBA Traffic Solutions to provide traffic control services at the San Francisco Premium Outlets and other sites as needed throughout the city for the period November 1, 2021 through October 31, 2025, in an amount not-to-exceed $850,000.

5.3 Resolution 2021-183 authorizing execution of the First Extension Option for the Sublease and Operating Agreement between the City and the Livermore Valley Performing Arts Center (LVPAC) for the Bankhead Theater.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to sign the First Extension Option for the Sublease and Operating Agreement between the City of Livermore and the Livermore Valley Performing Arts Center (LVPAC) for the Bankhead Theater.

5.4 Resolution 2021-184 approving Final Tract Map 8173, Subdivision Improvement Agreement, and sound wall Maintenance Agreement.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Approving Final Tract Map 8173 for recording;

2. Authorizing execution of the Subdivision Improvement Agreement;

3. Authorizing execution of the Soundwall Maintenance Agreement; and

4. Accepting, on behalf of the public, all real property offered for dedication within Final Tract Map 8173 in conformance with the terms of the offer, except for the following, which the Council rejects at this time, reserving the right to accept the offer at a future date: Sanitary Sewer Easement (S.S.E.) and Emergency Vehicle Access Easement (E.V.A.E.)

5.5 Resolution 2021-185 approving the application(s) for Per Capita Grant Funds to be submitted to the State Department of Parks and Recreation with grant funds allocated to the Arroyo Road Trail (T-13, Segment B), Project No. 2019-55

Recommendation: Staff recommended the City Council adopt a resolution:

1. Authorizing staff to prepare and submit the Per Capita Grant Funds application(s); and

2. Certifying requirements set forth by the Per Capita Grant; and

3. Authorizing the City Manager or designee to sign all grant documents for the Per Capita Grant Funds.

5.6 Resolution 2021-186 adopting revised General Plan Advisory Committee Rules of Procedure and ratifying the appointment of 19 Committee members.

Recommendation: Staff recommended the City Council adopt a resolution revising the composition of the General Plan Advisory Committee Rules of Procedure and ratifying the appointment of the 19 members selected and appointed by the City Council on October 7, 2021.

5.7 Resolution 2021-187 authorizing the issuance of a purchase order for six replacement police patrol vehicles from Tracy Ford in an amount not-to-exceed $258,132.

Recommendation: Staff recommended the City Council adopt a resolution authorizing issuance of a purchase order to Tracy Ford in Tracy, California for the purchase of six replacement 2022 Ford Police Utilities in an amount not-to-exceed $258,132.

6.

6. PUBLIC HEARINGS

6.1 Public Hearing and adoption of a Resolution of Formation to establish a Wine Heritage District in Livermore Valley.

Recommendation: Staff recommends the City Council open the hearing, receive testimony, and adopt the Resolution of Formation to establish the Wine Heritage District in the Livermore Valley and adopt the Management District Plan.

Innovation and Economic Development Director Adam Van de Water presented the staff report.

Mayor Woerner opened the public hearing.

Steven Mirassou provided a comment.

William Smyth provided a comment.

Karl Wente provided a comment.

There were no more speakers and the hearing was closed.

MOTION BY CM CARLING TO EXCLUDED WESTOVER WINERY'S PARCEL FROM THE WINE HERITAGE DISTRICT IN THE LIVERMORE VALLEY FAILED DUE TO LACK OF SECOND.

ON THE MOTION OF MAYOR WOERNER, SECONDED BY CM KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONTINUED THE ITEM TO THE NOVEMBER 22, 2021 REGULAR CITY COUNCIL MEETING.

6.2 Hearing and Introduction of an Ordinance for a General Plan Amendment (GPA) and a Rezone for the southern portion of the Sunset Office Plaza for the Wells at Sunset project.

Recommendation: The Planning Commission and staff recommended the City Council take the following actions to approve the proposed General Plan Amendment and Zoning Map Amendment:

1. Adopt a Resolution adopting the Initial Study Mitigated Negative Declaration (IS/MND) and the Mitigation Monitoring and Reporting Program pursuant to the California Environmental Quality Act;

2. Adopt a Resolution approving General Plan Amendment (GPA) 20-003; and

3. Introduce an Ordinance approving Zoning Map Amendment (ZMA) 20-002, subject to staff's recommended conditions of approval.

Assistant Planner Kam Purewal and applicant Orville Power presented the report for this item.

Mayor Woerner opened the public hearing.

There were no speakers and the hearing was closed.

ON THE MOTION OF CM CARLING, SECONDED BY VM MUNRO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS AND INTRODUCED THE FOLLOWING ORDINANCE:

Resolution 2021-188 adopting the Well at Sunset Project Initial Study and Mitigated Negative Declaration.

Resolution 2021-189 approving General Plan Amendment 20-003.

Introduced an Ordinance adopting Planned Development-Commercial (PD-C) 21-001 and amending the Zoning District Map of the City of Livermore for the Well at Sunset Project.

6.3 Hearing to authorize: 1) concurrent review of General Plan Amendment with Zoning Map Amendment and review of Annexation and Pre-Zoning, Development Code Amendment, Subdivisions, Development Agreement, and Site Plan Design Review; and 2) staff to proceed with negotiating terms for Development Agreement with Timur Tecimur of Overton Moore Properties for the area to the west of Livermore's City boundary, between West Jack London and East Stanley Boulevard.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Authorizing concurrent review of General Plan Amendment (GPA) 21-001 and Zoning Map Amendment (ZMA) 21-002, with Annexation and Pre-Zoning (APZ) 21-003, Development Code Amendment (DCA) 21-005, Subdivisions (SUB) 21-008 and 21-009, Development Agreement (DA) 21-001, and Site Plan Design Review (SPDR) 21-008; and

2. Authorizing staff to proceed with negotiating terms with Overton Moore Properties for a Pre-Annexation/Development Agreement (DA 21-001) to be considered by the City Council at a later date concurrently with review of the entire project.

Community Development Director Paul Spence presented the staff report.

Mayor Woerner opened the public hearing.

There were no speakers and the hearing was closed.

ON THE MOTION OF CM BONANNO, SECONDED BY CM KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2021-190 authorizing concurrent review of General Plan Amendment with Zoning Map Amendment and review of Annexation and Pre-Zoning, Development Code Amendment, Subdivision, Development Agreement, and Site Plan Design Review; and authorizing staff to negotiate terms for a Development Agreement with Overton Moore Properties

7.

7. MATTERS FOR CONSIDERATION

7.1 Oral report from the Director of Emergency Services regarding the COVID-19 emergency, its impacts, and the governmental operations in response to that emergency, as well as discussion and direction regarding the City's emergency operations in response to that emergency.

Recommendation: An oral report was given at the meeting.

City Manager Marc Roberts presented the report.

DUE TO ZOOM CONNECTIVITY ISSUES, NO ADDITIONAL ITEMS WERE HEARD AND THE MEETING WAS ADJOURNED.

8.

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY THE CITY MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS

9.

9. ADJOURNMENT - at 9:59 pm to a Special Closed Session on November 15, 2021 at 5:00 p.m. and a Regular City Council meeting on November 22, 2021 at 7:00 p.m., held virtually using Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK