CITY COUNCIL
AGENDA
MONDAY, MAY 22, 2023
REGULAR HYBRID MEETING –
7:00 PM
CLOSED SESSION 6:30 PM
MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
IN PERSON INFORMATION:
CIVIC CENTER MEETING HALL
CITY COUNCIL CHAMBERS
1016 S. LIVERMORE AVENUE
TELECONFERENCE INFORMATION:
ZOOM WEBINAR:
https://us02web.zoom.us/j/84503444981
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 845 0344 4981
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
TV29:
Comcast TV Channel 29
tv29.org
John P Marchand, Mayor
Brittni Kiick, Vice Mayor
Ben
Barrientos, Council Member
Evan Branning, Council Member
Robert W Carling, Council Member
Livermore City Council Agenda
May 22, 2023
1. CLOSED SESSION
Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
No
te: This Closed Session my be continued to the end of the Regular Meeting.
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).
Lem v. City of Livermore, Alameda County Superior Court Case No. 22CV005384
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Proclamation declaring June 2023 as Safety Awareness Month presented to Risk Manager Janet Hamilton.
Recommendation:
Staff recommends City Council declare June 2023 as Safety Awareness Month.
Staff Report
Attachments:
1. Proclamation
3.2 Proclamation declaring May 2023 as Jewish American Heritage Month, presented to Rabbi Larry Milder of Congregation Beth Emek.
Recommendation:
Staff recommends City Council declare May 2023 as Jewish American Heritage Month.
Staff Report
Attachments:
1. Proclamation
ROLL CALL
Council Member Ben Barrientos
Council Member Evan Branning
Council Member Robert W. Carling
Vice Mayor Brittni Kiick
Mayor John Marchand
PLEDGE OF ALLEGIANCE
REPORT OF ACTION TAKEN IN CLOSED SESSION
Livermore City Council Agenda
May 22, 2023
4. OPEN FORUM
In conformance with the Brown Act, no City Council action can occur on items presented during Open Forum.
To provide public comment in person, please submit a speaker card. When your name is called, walk to the lectern to address City Council.
To provide public comment virtually, please log into Zoom and use the 'raise hand' feature.
Comments are limited to a maximum of 3 minutes per person, per item. The Mayor may reduce the amount of time based on the number of persons wishing to speak.
Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
Open Forum will conclude after 30 minutes; however, if there are additional speakers, Open Forum will reconvene before the meeting adjourns.
5. CONSENT CALENDAR
Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must submit a speaker card if in person or use the 'raise hand' feature if participating using Zoom. Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
5.1 Adopt an Ordinance
considering modifications to Livermore Municipal Code Section
2.40.030 Eligibility, clarifying the ability of members to serve on one standing or ad hoc advisory body at any time.
Recommendation:
Staff recommends the City Council adopt an ordinance approving modifications to Livermore Municipal Code Section 2.40.030 Eligibility, clarifying the ability of members to serve on one standing or ad hoc advisory body at any time.
Staff Report
Attachments:
1. Ordinance
5.2 Adopt an Ordinance
amending Livermore Municipal Code (LMC) Chapter 9.40 - Fireworks.
Recommendation:
Staff recommends the City Council adopt an ordinance amending Livermore Municipal Code (LMC) Chapter 9.40- Fireworks to add a social hosting provision and to allow for administrative fines and penalties for violations of the chapter.
Staff Report
Attachments:
1. Amended and Restated Chapter 9.40- Fireworks
2. Ordinance
Livermore City Council Agenda
May 22, 2023
5.3 Resolution authorizing the execution of an amendment with SNF Polydyne, Inc. increasing the not-to-exceed amount by $263,000 to $1,270,000 and extending the term by three months for the supply of liquid polymer used at the Water Treatment Plant to reduce moisture content in biosolids before disposal.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the execution of an amendment to the agreement with SNF Polydyne, Inc. for the supply of liquid polymer to increase the not-to-exceed amount by $263,000 to $1,270,000 and extending the term by three months. Liquid polymer is used at the Water Treatment Plant to reduce moisture content in biosolids before disposal.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - SNF Polydyne Inc. Agreement
5.4 Resolution authorizing the execution of an agreement for services with Hasa, Inc., for the supply and delivery of sodium hypochlorite 12.5% for use at the Water Reclamation Plant, in an amount not-to-exceed $470,000.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the execution of an agreement for services with Hasa, Inc., for the supply and delivery of sodium hypochlorite
12.5% for use at the Water Reclamation Plant, in an amount not-to-exceed $470,000.
Staff Report
Attachments:
1. BACC Award Letter
2. Resolution
3. Exhibit A - Hasa Inc. Agreement
5.5 Resolution authorizing execution of Cooperative Agreement 04-04-2902 with California Department of Transportation
for the Vasco Road/I-580 Interchange Improvements, Project No. 1993-52, Caltrans Project No. 0421000075, for the project approval and environmental document phase.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute Cooperative Agreement 04-04-2902 with California Department of Transportation (Caltrans) for the Vasco Road/I-580 Interchange Improvements, Project No. 1993-52, Caltrans Project No. 0421000075, for the project approval and environmental document phase.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Vasco IC PA ED Coop Agreement
Livermore City Council Agenda
May 22, 2023
5.6 Resolution authorizing the execution of Project and Program Grant Agreements with Livermore Valley Arts DBA Livermore Valley Performing Arts Center, Pacific Chamber Orchestra and SPARC Theater, consistent with the City's Public Art Policy.
Recommendation:
The Commission for the Arts and staff recommend the City Council adopt a resolution approving the applications and authorizing the execution of the following Project and Program Grant Agreements:
1 .
Livermore Valley Arts DBA Livermore Valley Performing Arts Center, in the amount of $8,000 for the 21st Annual ArtWalk Livermore
2 .
Pacific Chamber Orchestra, in the amount of $10,000 for Educational Programs "Discover Music"
3 .
SPARC Theater, in the amount of $10,000 for lighting equipment for an outdoor theater for the 2023 Summer Season
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Livermore Valley Arts DBA Livermore Valley Performing Arts Center Agreement
3. Exhibit B - Pacific Chamber Orchestra Agreement
4. Exhibit C - SPARC Theater Agreement
5.7 Resolution of intention to levy annual assessments for the Landscape Maintenance Districts for Fiscal Year 2023-24, preliminarily approve the Consolidated Annual Engineer's Report, and establish a public hearing date for the annual levy of assessments.
Recommendation:
Staff recommends the City Council:
1 .
Preliminarily approve the Consolidated Annual Engineer's Report for all City Landscape Maintenance Districts.
2 .
Adopt a Resolution of Intention to:
a
.
Levy and collect annual landscape maintenance assessments for all Districts formed under the Landscaping and Lighting Act of 1972; and b
.
Establish a Public Hearing for June
26, 2023 for the levy of assessments for
Fiscal Year 2023-24.
Staff Report
Attachments:
1. Proposed Assessments for Districts for FY 2023-24
2. Proposed Assessments for DTLMD LL-859 for FY 2023-24
3. FY 2324 Consolidated Engineer's Report
4. Resolution
5.8 Resolution authorizing an agreement with Axon Enterprises Inc. for unmanned aerial systems (UAS, AKA "drone") hardware, software, and related services. In an amount not-to-exceed $131,262.
Recommendation:
Livermore City Council Agenda
May 22, 2023
Staff recommends City Council adopt a resolution authorizing an agreement with Axon Enterprises Inc., for unmanned aerial systems (UAS, AKA "drone") hardware, software, and related services for a 5-year term, in an amount not-to-exceed $131,262.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Axon Enterprises Inc Agreement
6. PUBLIC HEARINGS
Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
6.1 Hearing to consider a request for Vesting Tentative Tract Map (VTTM) 8657 – Subdivision (SUB) 22-005 and Site Plan Design Review (SPDR) 22-003 for 172 for-sale condominium units at the northeast corner of North Canyons Parkway and Triad Place.
Recommendation:
The Planning Commission and staff recommend the City Council:
1 .
Adopt a Resolution finding that the project is exempt under the California Environmental Quality Act, in accordance with California Government Code Section 65457 and CEQA Guidelines Section 15182 (c), Projects Pursuant to a Specific Plan, and California Public Resources Code Section 21083.3 and as a separate and independent basis, CEQA Guidelines Section 15183, Projects Consistent with a Community Plan, General Plan, or Zoning; and
2 .
Adopt a Resolution approving Vesting Tentative Tract Map (VTTM) 8657 – Subdivision (SUB) 22-005 and Site Plan Design Review (SPDR) 22-003, subject to the attached Conditions of Approval.
Staff Report
Attachments:
1. Staff Analysis
2. Location Map
3. Development Plans
4. Draft Planning Commission Meeting Minutes
5. Public Comments
6. CEQA Resolution
7. Exhibit A - PC Reso 10-23
8. Project Resolution
9. Exhibit A - PC Reso 11-23
10. Exhibit B - Conditions of Approval
6.2 Hearing to consider rescission of Site Plan Design Review (SPDR) 19-004 and Conditional Use Permit (CUP)19-006 for the Wine Country Inn; an Addendum to the 1997 South Livermore Valley Specific Plan Environmental Impact Report (State Clearinghouse No. 1996052025); Specific Plan Amendment (SPPA) 23-001 to amend the South Livermore Valley Specific Plan (Specific Plan) to clarify a 50-foot setback area from Hansen Road; Site Plan
Livermore City Council Agenda
May 22, 2023
Design Review 23-001 and Conditional Use Permit 23-002 for the development of commercial site 5D2 (Wine Country Inn) at the southwest corner of Arroyo Road and Hansen Road.
Recommendation:
The Planning Commission and staff recommend that the City Council take two actions:
1 .
Adopt a resolution rescinding Site Plan Design Review (SPDR) 19-004 and Conditional Use Permit (CUP) 19-006 for the Livermore Wine Country Inn; 2 .
Adopt Resolutions:
a
.
Adopting an Addendum to the 1997 South Livermore Valley Specific Plan Environmental Impact Report (State Clearinghouse No. 1996052025); and b
.
Approving Specific Plan Amendment (SPPA) 23-001, Site Plan Design Review (SPDR) 23-001 and Conditional Use Permit (CUP) 23-002 for the Livermore Wine Country Inn.
Staff Report
Attachments:
1. Staff Analysis
2. Location Map
3. PC - Minutes
4. Resolution - Rescinding Previous Entitlements
5. Exhibit A - City Council Resolution 2010-010 and Planning Commission Resolution 26-19
6. Public Comment
7. Zoning Standards (PUDA) 01-001
8. Specific Plan Subareas
9. Development Plans
10. Elevation Rendering
11. Conference Room Purpose Letter
12. Applicant's Statement
13. Electric Kitchen Equipment Exemption
14. Traffic Impact Study
15. Entrance Feasibility Study
16. Staff Memo - Arroyo Road Entry
17. Resolution - CEQA
18. Exhibit A - PC Resolution
19. Exhibit B - Addendum
20. Resolution - Project Approval
21. Exhibit A - PC Resolution
22. Exhibit B - Specific Plan Text Amendments
23. Exhibit C - Conditions of Approval
24. Specific Plan EIR
25. South Livermore Valley Specific Plan
7. MATTERS FOR CONSIDERATION - NONE.
Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
Livermore City Council Agenda
May 22, 2023
MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS
9. ADJOURNMENT
To a Regular City Council meeting on Monday, June 12, 2023 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.
10. SUPPLEMENTAL MATERIALS
10.1 Supplemental materials received prior to the meeting.
Staff Report
Attachments:
1. Supplemental Materials
10.2 Supplemental materials received at the meeting.
Staff Report
Attachments:
1. Items Received at the Meeting
11. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING
You can participate in the meeting in a number of ways:
Open Forum
is an opportunity for the public to speak regarding items not listed on the agenda. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of that item. To submit a comment using Zoom, you may use the 'raise hand' feature when the item begins. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda. However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.
Public Hearings -
The topic of the hearing is typically summarized by staff, followed by a presentation by the applicant, and questions from the City Council. The Mayor will then open the hearing to the public and offer an opportunity for public comments. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of the presentation of the item. To submit a comment using Zoom, you may use the 'raise hand' feature as soon as the item begins.
Other Agenda Items
are also open for public input including Consent Calendar or Matters for Consideration items. These comments are also subject to the 3-minute limit.
Special Meetings, Workshops -
The public will have the opportunity to address the City Council regarding the item that is the subject of the special meeting or workshop. Public comments are limited to a maximum of 3 minutes per person.
Platforms to Participate in Meetings:
Submission of Comments Prior to the Meeting:
Livermore City Council Agenda
May 22, 2023
Email Comments
may be submitted by the public to the City Clerk’s Office (
[email protected]
). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record.
eComments
may be submitted by the public using the eComment link
here
. Comments may
be up to 1000 characters in length and will be accepted up until 4:00 pm the day of the meeting. These items will NOT be read into the record and are viewable by the City Council and the public upon submittal.
Submission of Comments During the Meeting:
Speakers are limited to a maximum of 3 minutes per person. To submit a comment in person, you must complete a speaker card for each item. Speaker cards are available in the Civic Center Meeting Hall lobby. Indicate on the card the item number you wish to comment on and submit the card directly to the City Clerk prior to the start of the item. To submit a comment using Zoom, you may use the 'raise hand' feature. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda.
However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.
The City will be using YouTube and TV29 as two tools to provide the public access to view City Council meetings. No public comment will be accepted via YouTube.
TV29:
tv29live.org
Comcast Cable 29
YouTube:
http://youtube.com/c/CityofLivermoreCalifornia
Zoom Webinar:
https://us02web.zoom.us/j/84503444981
It is recommended residents use updated software to successfully join and participate in a meeting. Outdated versions may limit functionality and you may not be able to provide a public comment virtually. To download the most current version, visit zoom.us/download
.
Zoom dial in phone number: 1 669 900 6833
Meeting ID: 845 0344 4981
If you would like to deliver written materials to the City Council as part of your public comments, and are commenting in person, please provide 10 copies to the City Clerk with your speaker card. If you are commenting using Zoom, the speaker must identify that intent in his or her comment and immediately email the materials to the City Clerk at [email protected]
.
The
City Council Agenda and Agenda Reports
are prepared by City staff and are available
for public review on Tuesday evening, six days prior to the City Council meeting in the Civic Center Library, 1188 South Livermore Avenue, Livermore, and at the City Clerk’s Office, 1052 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, Livermore City Council Agenda
May 22, 2023
http://LivermoreCA.gov/agenda
.
Under Government Code §54957.5, any
supplemental material
distributed to the members
of the City Council after the posting of this agenda will be available for public review in the City Clerk’s Office, 1052 South Livermore Avenue, Livermore, and included in the agenda packet available on the City’s web site at
http://LivermoreCA.gov/agenda
.
PURSUANT TO TITLE II OF THE AMERICANS WITH DISABILITIES ACT (CODIFIED AT 42 UNITED STATES CODE SECTION 12101 AND 28 CODE OF FEDERAL REGULATIONS PART 35), AND SECTION 504 OF THE REHABILITATION ACT OF 1973, THE CITY OF
LIVERMORE DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION,
NATIONAL ORIGIN, ANCESTRY, SEX, DISABILITY, AGE OR SEXUAL ORIENTATION IN THE PROVISION OF ANY SERVICES, PROGRAMS, OR ACTIVITIES. TO ARRANGE AN
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE CONTACT THE ADA COORDINATOR AT [email protected] OR CALL (925) 960-4170 (VOICE) OR (925) 960- 4104 (TDD) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE OF THE MEETING.
Livermore City Council Agenda
May 22, 2023