MAY 22, 2023 Minutes CM/75/206
MINUTES
CIT
Y COUNCIL
MAY 22, 2023
________________________________________________________________ CL
OSED SESSION
CALL
TO ORDER – The Closed Session of the City Council was called to order by Mayor John Marchand a t 6:3 0 pm, held in person a t 1 016 S . Livermore Avenue and remotely using Zoom and YouTube.
ROLL C
ALL – Present: Mayor John Marchand, Vice Mayor Brittni Kiick , and Council Members, Ben Barrientos, Evan Branning and Robert W. Carling.
OP
PORTUNITY FOR THE PUBLIC TO ADDRESS THE CI TY COUNCIL
REGARDING CLOSED SESSION ITEMS.
May
or Marchand opened the public comment period.
Ther
e were no speakers and the hearing was closed.
1. ADJO
URN TO CLOSED SESSION
1.1 C
onference with Legal Counsel - Exist ing 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
________________________________________________________________ REG
ULAR MEETING
2. CAL
L TO O RDER – T he meeting of the City Council was called to or der 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: M ayor John Marchand, Vice Mayor Brittni Kiick and Council Members Ben Barrientos, Evan Branning and Robert W. Carling.
PLE
DGE OF ALLEGIANCE
REP
ORT OF ACTION TAKEN IN CLOSED SESSION
Ci
ty Attorney Jason Alcala said pursuant to California Government Code section DocuSign Envelope ID: 68CEFD01-9B78-46A6-897F-D80D2DB4D267 CM/75/207 Minutes MAY 22, 2023
54957.1(a) that in th e matter of Lem v. Livermore, the City Council voted unanimously to accept a settlement agreement. and full and final release of all claims signed by the plaintiff, that releases the City of Livermore in exchange for a payment by the City in the amount of $362,500.
A
copy of that agreement will be on file with the City Attorney’s Office. 3 . PROCLAMATIONS AND PRESENTATIONS
3 .1 Proclamation declaring June 2023 as Safety Awareness Month presented to Risk Manager Janet Hamilton.
M
ayor Marchand presented a proclamat ion to Risk Manager Janet Hamilton declaring June 2023 as Safety Awareness Month.
3 .2 Proclamation declaring May 2023 as Jewish American Heritage Month, presented to Rabbi Larry Milder of Congregation Beth Emek.
M
ayor Marchand presented a proclamation to Rabbi Larry Milder declaring May 2023 as Jewish Heritage Month.
M
AYOR MARCHAND MOVED I TEM 4.0 - OPEN FOR UM TO TAKE PLACE AFTER MATTERS FOR CONSIDERATION.
5 . C ONSENT CALENDAR
Ma
yor Marchand opened the public comment period.
I
tem 5.6 M ary Sweeney provided a comment.
I
tem 5.6 Lisa Tromovich provided a comment.
ON
THE MOTION O F VM KIICK , SECO NDED BY CM BRANNING, AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
5.1 Adoption of Ordinance 2145 considering modifications t o 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.
5. 2 Adoption of Ordinance 2146 amending Livermore Municipal Code (LMC) Chapter
9.40 - Fireworks.
5.3 Resolution 2023-081 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.
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5.4 Resolution 2023-082 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.
5.5 Resolution 2023-083 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.
5.6 Resolution 2023-084 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.
5.7 Resolution 2023-085 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.
5.8 Resolution 2023-086 authorizing an agreement with Axon Enterprises Inc. for unmanned aerial sys tems (UAS, AKA "drone") hardware, software, and related services. In an amount not-to-exceed $131,262.
6 . PUBLIC HEARINGS
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 condomi nium units at the northeast corner of North Canyons Parkway and Triad Place.
R
ecommendation: The Planning Commission and s taff recommended the City Council:
1. A
dopt a Resolution finding that the project is exempt under the Cal ifornia 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. A
dopt 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.
Seni
or P lanner Jake Potter presented the sta ff repo rt. Applicant – Denova Homes Senior Vice President of Land A cquisition and Entitlements, Trent Sanson with Denova Homes provided comments.
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Ma
yor Marchand opened the public hearing.
Jean
King provided a comment.
T
om Masby provided a comment.
D
oug Mann provided a comment.
T
here were no more speakers and the hearing was closed.
ON
THE MOTION OF VM KIICK, SECONDED BY CM BRANNING AND
CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOL LOWING RESOLUTIONS:
Resol
ution 2023-087 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.
Res
olution 2023-088 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.
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 t he South Livermore Valley Specific Plan (Specific Plan) to clarify a 50- foot setback are a from Hansen Road; Site Plan 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.
Re
commendation: The Planning Commission and s taff recommended the City Council:
1. Adopt a r esolution rescinding Site Plan Design Review (SPDR) 19 -004 and Conditional Use Permit (CUP) 19-006 for the Livermore Wine Country Inn;
2. A
dopt 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 A mendment (SPPA) 23- 001, Site Plan Design Review (SPDR) 23-001 and Conditional Use Permit (CUP) 23-002 for the Livermore Wine Country Inn.
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A
ssociate Planner Kam Purewal presented the staff report. Applicant Michelle Boss provided comments.
Ma
yor Marchand opened the public hearing.
K
endall Smith provided a comment.
A
nn Young provided a comment.
P
eter Young provided a comment.
Jean
King provided a comment.
D
onna Cabanne provided a comment.
M
ary Sweeney provided a comment.
T
rish Munro provided a comment.
P
at McMenamin provided a comment.
K
at Weiss provided a comment.
D
ennis Ichesen provided a comment.
Ma
tt Souza provided a comment.
John Nune
s provided a comment.
C
arol Silva provided a comment.
A
lan Burnham provided a comment.
J
ohn Stein provided a comment.
Li
sa Tromovich provided a comment.
Lor
i Souza provided a comment.
G
ina Bonnano provided a comment.
P
ete Sandhu provided a comment.
P
aul Mansfield provided a comment.
K
arl Wente provided a comment.
Jen
nifer Taggart provided a comment.
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T
erry Land provided a comment.
Ni
ck Harvey provided a comment.
D
avid Kent provided a comment.
R
hinnnon Eddy provided a comment.
D
oug Mann provided a comment.
Li
nda Milanese provided a comment.
T
here were no more speakers and the hearing was closed.
ON
THE MOTION CM CARLING SECONDED BY VM KIICK AND CARRIED ON A 4-1 VOTE, WITH CM BARRIENTOS VOTING AGAINST, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:
Resolut
ion 2023-089 rescinding Site Plan Design Review (SPDR) 19-004 and Conditional Use Permit (CUP) 19-006 for the Livermore Wine Country Inn; R
esolution 2023-090 adopting an Addendum to the 1997 South Livermore Valley Specific Plan Environmental Impact Report (State Clearinghouse No. 1996052025);
R
esolution 2023-091 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.
7 . MATTERS FOR CONSIDERATION – NONE.
4 . OPEN FORUM – MAYOR MARCHAND MOVED OPEN FORUM AFTER
MATTERS FOR CONSIDERATION.
Ma
yor Marchand opened the public comment period.
J
ean King provided a comment.
K
eith Rothenburg provided a comment.
J
ohn Stein provided a comment.
Karl
Wente provided a comment.
Th
ere were no more speakers and the public comment period was closed. 8 . COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
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T
HE 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 SUPPLEMENT AL PACKET ARE INCLUDED BELOW.
Ri
de Along CM Carling noted his participatio n in a ride along to the homeless community on May 10, 2023.
W
ine Down in the Grove CM Carling noted his attendance at the event on May 13, 2023.
V
alleyLink CM Carl ing noted his attendance at the presentation regarding hydrogen fuel cars on May 17, 2023.
R
eusable Food Waste Ordinance CM Carling asked for an update on using the Stopwaste.org ordinance model.
Avan
ce Grand Opening VM Kiick noted her attendance at the grand opening on May 12, 2023.
9 . ADJOURNMENT – at 9:53 pm to a Regular City Council Meeting on Monday, January 23, 202 3 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.
APPR
OVED:
J OHN P. MARCHAND, MAYOR
ATTE
ST:
M ARIE WEBER, CITY CLERK
DocuSign Envelope ID: 68CEFD01-9B78-46A6-897F-D80D2DB4D267