APRIL 10, 2023 Minutes CM/75/184
MINUTES
CIT
Y COUNCIL
APRIL 10, 2023
________________________________________________________________
CLOSED SESSION
CALL TO ORDER – The Closed Session of the City Council was called to order by Mayor John Marchand at 6:30 pm, held in person at 1016 S. Livermore Avenue and remotely using Zoom and YouTube.
ROLL CALL – Present: Mayor John Marchand, Vice Mayor Brittni Kiick and Council Members Ben Barrientos (arrived late at 6:44 pm) , Evan Branning and Robert W. Carling.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL
REGARDING CLOSED SESSION ITEMS.
Mayor Marchand 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 - Anticipated Administrative Enforcement and Anticipated Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(4) to decide whether to initiate a City Tax Collector administrative enforcement action to collect unpaid business license taxes, or to initiate litigation, based on existing facts and circumstances, and to provide direction on a proposed settlement. (two cases.)
1. Unpai
d Business Tax License Tax – Lawrence Livermore
National Security, LLC, and settlement proposal.
2. Unpai
d Business Tax License Tax – Sandia National
Laboratory and settlement proposal.
1.2 C
onference 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) DocuSign Envelope ID: 0C92BCD4-FA00-4A70-A14A-ECA474EF5860 CM/75/185 Minutes APRIL 10, 2023
1. 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 claims pending against Teva Pharmaceutical Industries Ltd, Allergan Finance, LLC and Allergan Limited, and the pharmacies CVS Health Corporation and CVS Pharmacy, Walgreens Co., Walmart Inc., and their respective parent, subsidiary, division, affiliates, joint ventures, predecessors, successors, and assigns. https://oag.ca.gov/opioids and https://nationalopioidsettlement.com/
_______________________________________________________________ REG
ULAR MEETING
2. CAL
L 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 and remotely using Zoom and YouTube.
ROL
L CALL – Present: Mayor John Marchand, Vice Mayor Brittni Kiick and Council Members Ben Barrientos, Evan Branning and Robert W. Carling.
PL
EDGE OF ALLEGIANCE
REP
ORT OF ACTION TAKEN IN CLOSED SESSION
Ci
ty Attorney Jason Alcala reported the following action:
Closed Session Item 1.1
With regard to the business license tax matters, the City Council has authorized the City Manager execute two separate settlement agreements in substantially the same form as the agreements presented to the City Council in closed session, with the City Attorney’s approval as to form, one with Lawrence Livermore National Security, LLC, as the manager and operator of the Lawrence Livermore National Laboratory under contract with the U.S. Department of Energy National Nuclear Security Administration, and the other with National Technology & Engineering Solutions of Sandia LLC, doing business as Sandia National Laboratories under contract with the U.S. Department of Energy National Nuclear Security Administration.
The City Council intends this authorization to cover the signing and execution and all documents necessary to resolve the business tax matters with the parties.
DocuSign Envelope ID: 0C92BCD4-FA00-4A70-A14A-ECA474EF5860 Upon signing by all parties, the settlement agreements will be available for inspection by the public upon request, but the tax payment and other privileged tax information will be redacted.
Closed Session Item 1.2
With regard to the National Opiate litigation, the City Council has authorized the City Manager to sign-up, register, and execute settlement agreements, with the City Attorney’s approval as to form, with the following parties in the National Opioid Litigation:
Allergan
CVS
Teva
Walgreens
Walmart
That authority extends to any and all documents and agreement necessary to participate in those settlements.
The City Council further authorized and instructed that the City Manager is authorized to make the election whether or not to receive the settlement funds, or allow them to flow to the County, after considering the costs to receive, administer, and expend the funds locally for opioid remediation.
Upon signing by all parties, the settlement agreements will be available for inspection by the public, upon request.
Lastly, Council directed staff to prepare a confirming resolution for adoption by the City Council at a future meeting.
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Tournament draw for games in the 2023 Little League Intermediate World Series with Kathleen Minser, Little League Intermediate World Series - Marketing & Media Director.
Recommendation: Staff recommends the City Council administer the tournament draw for games in the 2023 Little League Intermediate World Series with Kathleen Minser, Little League Intermediate World Series - Marketing & Media Director.
Mayor Marchand and the City C ouncil Members par ticipated in the tournament draw.
3.2 Proclamation declaring April 2023 as Fair Housing Month presented to Steve Medeiros, President, Board of Directors of Bay East Association of REALTORS, Kevin McCallum, Vice -Chair of Local Government Relations Committee, and Mary Ann Rozsa, member of Local Government Relations Committee.
Recommendation: Staff recommends City Council declare April 2023 as APRIL
10, 2023 Minutes CM/75/185
DocuSign Envelope ID: 0C92BCD4-FA00-4A70-A14A-ECA474EF5860 CM/75/186 Minutes APRIL 10, 2023
Fair Housing Month.
Mayor Marchand presented the Proclamation.
4. OPEN FORUM
May
or Marchand opened the public comment period.
Davi
d McGuigan provided a comment.
Mau
reen Hamm provided a comment.
John G
eorge provided a comment.
Tr
ish Munro provided a comment.
Mar
y Perner provided a comment.
Ther
e were no more speakers and the public comment period was closed.
5. CONS
ENT CALENDAR
May
or Marchand opened the public comment period.
Ther
e were no speakers and the public comment period was closed.
ON T
HE MOTION OF CM BRANNING, SECONDED BY VM KIICK , AND
CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
5.1 Appr
oval of draft minutes - March 6, 2023 Special Meeting, March 13, 2023 Regular Meeting, and March 27, 2023 Regular Meeting.
Re
commendation: Staff recommend ed the City Council approve the draft minutes.
5.2 R
esolution 2023-050 and Resolution 2023-051 authorizing the execution of a professional services agreement with Daniel B. Valiao for on-call plan review services for development review projects in an amount not-to-exceed $400,000 and authorizing the execution of a professional services agreement with East Bay Municipal Consulting for on- call plan review services for development review projects in an amount not-to-exceed $400,000.
Re
commendation: Staff recommended the City Council adopt resolutions authorizing the City Manager to execute agreements with Daniel B. Valiao and East Bay Municipal Consulting to provide on-call engineering support services for development projects and capital improvement proj ects. The terms of the agreements are from March 1, 2023 to June 30, 2025, in amounts not -to-exceed $400,000 each.
DocuSign Envelope ID: 0C92BCD4-FA00-4A70-A14A-ECA474EF5860
5.3 Resolution 2023-0 52 authorizing execution of an agreement with Frogparking, Inc., to supply and install parking guidance technology in the L Street Parking Garage in an amount not -to-exceed $295,384, as part of the Livermore Village Parking Garage Construction, Project 586003.
Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to execute an agreement with Frogparking Inc, to supply and install parking guidance technology in the L Street Parking Garage in the not-to-exceed amount of $295,384 as part of the Livermore Village Parking Garage Construction, Project 586003.
5.4 Resolution 2023-053 authorizing execution of an agreement with Shute, Mihaly, and Weinberger LLP to provide planning services and legal advice for Development Code amendments and objective design standards to implement new state housing laws and Livermore's Housing Element, in an amount not- to- exceed $245,640.
Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of an agreement with Shute, Mihaly, and Weinberger LLP to provide planning services and legal advice for Development Code amendments and objective design standards to implement new state housing laws and Livermore's Housing Element. The term of the agreement is from May 1, 2023 to May 1, 2025, in an amount not-to-exceed $245,640.
5.5 Resoluti on 2023-054 directing t he C ity Engineer t o f ile t he Annual
Engineer’s Report for the City’s Landscape Maintenance Districts.
Recommendation: Staff recommended the City Council adopt a resolution directing the City Engineer to file the Annual Engineer’s Report for the City’s Landscape Maintenance Districts.
5.6 Resolution 2023-055 designating Laserfiche and Accela as Trusted Systems for the management of the City's official records in electronic format and the automation of retention requirements.
Recommendation: Staff recommended the City Council adopt a resolution designating Laserfiche and Accela as Trusted Systems for the management of the City's official records and the automation of retention requirements.
6. PUBLIC HEARINGS
6.1 Hearing to receive and consider protests and direct staff to proceed with field abatement work on non- compliant properties under the 2023 Fire Hazard Abatement Program.
Recommendation: Staff r ecommends City Council consider all protests, and if City Council finds appropriate, adopt a resolution overruling protests, and APRIL 10, 2023 Minutes CM/75/187
DocuSign Envelope ID: 0C92BCD4-FA00-4A70-A14A-ECA474EF5860 CM/75/188 Minutes APRIL 10, 2023
direct staff to proceed with necessary weed abatement on all parcels requiring abatement.
Deputy Fire Chief Ryan Rucker 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 VM KIICK, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY CO UNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2023 -056 overruling protests, an d direct st aff t o pr oceed w ith necessary weed abatement on all parcels requiring abatement.
7. MATTERS FOR CONSIDERATION
7.1 Resolution receiving the Annual Review of Military Equipment Report, determining that the equipment identified in the report complies with applicable standards, and authorizing the Military Equipment Ordinance
2.36.200 to be renewed and remain in effect.
Recommendation: Staff recommends City Council:
1. Ac
cept the 2022 Annual Military Equipment Report;
2. Det
ermine that the equipment identified in the report complies with the City's policy and the statutory requirements, and
3. Review Ordinance 2.36.200 and vote on whether to renew the ordinance.
Police Captain Jason Boberg presented the staff report.
May
or Marchand opened the public comment period.
Ther
e were no speakers and the public comment period was closed.
ON T
HE MOTION OF CM BARRIENTOS SECONDED BY CM CARLING AND
CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING
RESOLUTION AND DIRECTED STAFF TO ENSURE LARGE TECHNOLOGY
PURCHASES, LIKE DRONES, ARE ABLE TO BE USED IN A BROAD WAY ACROSS THE CITY AND THAT STAFF DESCRIBE WHY HAVING 9
UNMANNED ARIAL SYSTEMS (UAS) IS THE APPROPRIATE NUMBER:
Re
solution 2023-057 receiving the Livermore police department’s annual military equipment report 2022, and determining that the equipment identified in the report complies with the applicable standards, and determining that Livermore Municipal Code Section 2.36.200 Military Equipment Policy should be renewed and remain in effect.
DocuSign Envelope ID: 0C92BCD4-FA00-4A70-A14A-ECA474EF5860 APRIL 10, 2023 Minutes CM/75/189
7.2 Di
scussion and Direction regarding Comprehensive General Plan Update - Land Use Alternatives Evaluations and a Resolution amending the General Plan Advisory Committee Rules of Procedure.
Recommendation: Staff recommends the City Council:
1. Rec
eive a report from staff on the status of the comprehensive General Plan Update and the land use alternatives evaluation process,
2. Di
rect staff to include the geographic area east of Greenville Road in the evaluation study for the General Plan Update; and
3. Adopt a resolution amending the General Plan Advisory Committee Rules of Procedure reducing the number of members to thirteen, except that in the event of a future vacancy the committee’s membership will be reduced to the number of remaining members, and adjusting the number required to constitute a quorum to a majority of members.
Ec
onomic Development Manager Andy Ross presented the staff report.
May
or Marchand opened the public comment period.
Ca
rol Silva provided a comment.
Jean K
ing provided a comment.
Davi
d Kent provided a comment.
Lori
Souza provided a comment.
Da
vid Rounds provided a comment.
Donna
Cabanne provided a comment.
Ala
n Burnham provided a comment.
Ther
e were no more speakers and the public comment period was closed.
ON T
HE MOTION OF VM KIICK SECONDED BY CM CARLING AND CARRIED ON A 4-1 VOTE WITH CM BARRIENTOS VOTING AGAINST THE ITEM , THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Re
solution 2023 -058 revising the composition of the general plan advisory committee and the committee’s rules of procedure.
8. COUNCI
L COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
DocuSign Envelope ID: 0C92BCD4-FA00-4A70-A14A-ECA474EF5860 CM/75/190 Minutes APRIL 10, 2023
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.
Pr
ide Flag the City Council requested an agenda item be added to a future meeting related to raising the Pride Flag on the City Hall Campus during the month of June.
Cu
b Scout Pack 914 CM Carling noted his attendance that the Crossover event on March 30.
Sma
sh my Trash CM Carling requested staff follow up with Open Forum speaker John George regarding Smash My Trash.
Innov
ation Tri-Valley Game Changers Awards VM Kiick, CM Carling, and Mayor Marchand noted their attendance at the event on March 29.
8. ADJ
OURNMENT – at 8:49 pm to a Regular City Council meeting on Monday, April 24, 2023 at 7:00 pm at the Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.
APPROVED:
JO HN P. MARCHAND, MAYOR
ATTEST:
MAR IE WEBER, CITY CLERK
DocuSign Envelope ID: 0C92BCD4-FA00-4A70-A14A-ECA474EF5860