Livermore City Council 11/22/2021

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 22, 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 5:45 pm, held via teleconference using Zoom.

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

Absent: Council Member Regina Bonanno.

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 1.1 Conference with Labor Negotiator. To meet with Mayor Woerner, the City's negotiator, pursuant to Government Code section 54957.6 regarding negotiations for salary and compensation for Unrepresented Employee - City Attorney

1.2 Conference with Labor Negotiator. To meet with Mayor Woerner, the City's negotiator, pursuant to Government Code section 54957.6 regarding negotiations for salary and compensation for Unrepresented Employee - City Manager

1.3 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 7:01 pm, held via teleconference using Zoom and YouTube.

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

Absent: Council Member Regina Bonanno.

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala said there was no reportable action.

3.

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Livermore Municipal Airport Annual Update provided by Airport Commission Chair Adam Bertsch.

Recommendation: Staff recommended the City Council receive the presentation

Airport Commission Chair Adam Bertsch presented this item.

4.

4. CITIZENS FORUM

Mayor Woerner opened the public comment period.

Purnam Sheth provided a comment

Karl Wente provided a comment

Donna Cabanne provided a comment

Alan Marling provided a comment

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

5.

5. CONSENT CALENDAR

Mayor Woerner opened the public comment period.

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

ON THE MOTION OF CM CARLING, SECONDED BY CM KIICK, AND CARRIED ON A 4-0 VOTE, WITH CM BONANNO ABSENT, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

5.1 Approval of draft minutes - November 8, 2021 City Council Regular Meeting and November 15, 2021 City Council Special Meeting.

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

5.2 Adoption of Ordinance 2129 amending the Zoning Map (ZMA 20-002) to rezone the southern portion of the Sunset Office Plaza parcels A, B, and C of Parcel Map 10892 from Commercial Office (CO) to Planned Development - Commercial (PD-C) 21-001.

Recommendation: The Planning Commission and staff recommended the City Council adopt an ordinance amending the Zoning Map to rezone parcels A, B, and C of Parcel Map 10892 for the former Sunset Office Plaza, currently known as The Well at Sunset, located in the northeastern corner of Holmes Street and Concannon Boulevard.

5.3 Introduction of an Omnibus Ordinance Amending Various Sections of the Livermore Municipal Code to update, clarify, and revise existing sections.

Recommendation: Staff recommended City Council introduce an Ordinance amending various sections of the Livermore Municipal Code to update, clarify, and revise existing sections.

5.4 Resolution 2021-191 to ratify an amendment with Kroll Cyber Security, LLC., for cybersecurity monitoring services, increasing the total compensation by $49,995.

Recommendation: Staff recommended Council ratify the signing of the agreement dated October 31, 2021 between the City and Kroll Cyber Security LLC for cybersecurity monitoring services.

5.5 Resolution 2021-192 authorizing an appropriation in the amount of $493,179 from the General Fund for Goodness Village operations costs at CrossWinds Church.

Recommendation: Staff recommended the City Council adopt a resolution authorizing an appropriation of funds in Fiscal Year 2021-22 in the amount of $493,179 from the General Fund (Fund 001) in accordance with the Agreement with Crosswinds Church for Goodness Village at CrossWinds Church.

5.6 Resolution 2021-193 approving the City of Livermore Salary Plan as of December 20, 2021 in accordance with the California Code of Regulations, Title 2, Section 570.5

Recommendation: Staff recommended the City Council adopt a resolution approving the City of Livermore Salary Plan as of December 20, 2021 in accordance with California Code of Regulations, Title 2, Section 570.5.

5.7 Resolution 2021-194 approving over-hires in the Administrative Services Department necessary to complete the Enterprise Resource Planning (ERP) System implementation project.

Recommendation: Staff recommended the City Council adopt a resolution approving over-hires in the Administrative Services Department necessary to complete the Enterprise Resource Planning System implementation project scheduled for 2022 through 2025.

5.8 Resolution 2021-195 of continued local emergency and authorizing remote teleconference meetings of the legislative bodies of the City of Livermore in accordance with Assembly Bill 361.

Recommendation: Staff recommended the City Council adopt a resolution of continued local emergency and authorizing remote teleconference meetings of the legislative bodies of the City of Livermore in accordance with Assembly Bill 361.

6.

6. PUBLIC HEARINGS

6.1 Hearing to Introduce an Ordinance considering amendments to Livermore Development Code Section 6.02.060 Home Occupations and Chapter 9.05 Home Occupation Permits. Proposed amendments include changes to allowable uses, allowing on-site clients for specific uses, require annual renewal and other operational standards for home occupations

Recommendation: The Planning Commission and staff recommended the City Council take the following actions to approve the Development Code Amendment:

1. Adopt a resolution finding that the project is exempt under the California Environmental Quality Act;

2. Introduce an Ordinance approving Development Code Amendment (DCA) 21-001 to amend Livermore Development Code Section 6.02.060 Home Occupations and Chapter

9.05 Home Occupation Permits per Planning Commission and staff recommendation except as follows:

Planning Commission recommends limiting gross sales for home occupations to $50,000 per calendar year. Staff does not concur with this Planning Commission recommendation and instead recommends not regulating gross sales.

Special Projects Coordinator Susan Frost presented the staff report.

Mayor Woerner opened the public hearing.

There were no speakers and the hearing was closed.

ON THE MOTION OF CM KIICK, SECONDED BY CM CARLING AND CARRIED ON A 4-0 VOTE, WITH THE ABSENT OF CM BONANNO, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION AND INTRODUCED THE FOLLOWING ORDINANCE PER STAFF RECOMMENDATION:

RESOLUTION 2021-196 FINDING THE HOME OCCUPATION DEVELOPMENT CODE AMENDMENT 21-001 IS EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

ORDINANCE INTRODUCED AMENDING THE LIVERMORE DEVELOPMENT CODE BY AMENDING SECTION 6.02.060 (HOME OCCUPATIONS) AND SECTION 9.05.100 (HOME OCCUPATION PERMIT EXPIRATION).

6.2 Hearing to consider Housing and Human Services needs and grant priorities for fiscal year 2021-22.

Recommendation: The Human Services Commission and staff recommended the City Council adopt a resolution approving the Housing and Human Services Grant Priorities for Fiscal Year 2021-22 as set forth in Exhibit A to the Resolution.

Assistant Community Development Director/Housing and Human Services Manager Eric Uranga presented the staff report.

Mayor Woerner opened the public hearing.

There were no speakers and the hearing was closed.

ON THE MOTION OF CM KIICK, SECONDED BY VM MUNRO AND CARRIED ON A 4-0 VOTE, WITH THE ABSENCE OF CM BONANNO, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

RESOLUTION 2021-197 APPROVING THE HOUSING AND HUMAN SERVICES GRANT PRIORITIES FOR FISCAL YEAR 2021-22 AS SET FORTH IN EXHIBIT A TO THE RESOLUTION.

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

Recommendation: Staff recommended 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.

Marcus Crawley provided comment.

William Smyth provided comment.

Ian O'Leary provided comment.

Davide B. Kent provided comment.

There were no more speakers and the hearing was closed.

ON THE MOTION OF VM MUNRO, SECONDED BY CM CARLING AND CARRIED ON A 4-0 VOTE, WITH THE ABSENCE OF CM BONANNO, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

RESOLUTION 2021-198 DECLARING THE RESULTS OF MAJORITY PROTEST PROCEEDINGS AND ESTABLISHING THE LIVERMORE VALLEY WINE HERITAGE DISTRICT (LVWHD)

7.

7. MATTERS FOR CONSIDERATION

7.1 Discussion and direction regarding Tri-Valley Conservancy's request to sponsor a ballot initiative to protect water quality and agriculture in the South Livermore Valley, a resolution authorizing execution of an agreement with Rincon Consultants, Inc, to prepare a Supplemental Environmental Impact Report for the South Livermore Sewer Expansion Project in an amount not-to-exceed $112,502, and an appropriation for consultant costs for the Supplemental Environmental Impact Report and hydrologic and organic loading analysis in an amount not-to-exceed $212,502.

Recommendation: Staff recommended the City Council discuss and then direct the following:

1. Staff to prepare draft language for a ballot initiative to protect water quality and agriculture in the South Livermore Valley;

2. Adopt a Resolution authorizing execution of an agreement with Rincon Consultants, Inc. to prepare a Supplemental Environmental Impact Report for the South Livermore Sewer Expansion Project in an amount not-to-exceed $112,502; and

3. Appropriation of $212,502 from the General fund to cover consultant costs for the Supplemental Environmental Impact Report and hydraulic and organic loading analysis.

Planning Manager Steve Stewart and Tri-Valley Conservancy Executive Director Laura Antrim presented the report.

Mayor Woerner opened the public comment period.

Jean King provided comment.

Donna Cabanne provided comment.

Diana Roberts provided comment.

James Folta provided comment.

Lori Souza provided comment.

Tamara Reus provided comment.

Kevin Baskin provided comment.

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

ON THE MOTION OF CM KIICK, SECONDED BY VM MUNRO AND CARRIED ON A 4-0 VOTE, WITH THE ABSENCE OF CM BONANNO, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

RESOLUTION 2021-199 AUTHORIZING EXECUTION OF AN AGREEMENT WITH RINCON CONSUTANTS, INC. IN AN AMOUNT NOT TO EXCEED $112,502 TO CONDUCT ENVIRONMENTAL REVIEW FOR THE SOUTH LIVERMORE VALLEY SEWER EXTENSION PROJECT; AND AUTHORIZING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $212,502 FOR CONSULTANT COSTS FOR THAT PROJECT

8.

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY THE 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.

M WOERNER ANNOUNCED THE FORMATION OF THE DOWNTOWN SUBCOMMITTEE, WITH M WOERNER AND CM BONANNO AS MEMBERS, AND THE NORMS AND VALUES SUBCOMMITTEE, WITH M WOERNER AND CM CARLING AS MEMBERS.

8.

9. ADJOURNMENT - at 8:55 pm to a regular City Council meeting on December 13, 2021 at 7:00 pm, held virtually using Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK