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06-24-2019 Summary Agenda Livermore City Council Agenda June 24, 2019 CITY COUNCIL SUMMARY AGENDA MONDAY, JUNE 24, 2019 CLOSED SESSION – 6:00 PM REGULAR MEETING – 7:00 PM COUNCIL CHAMBERS 3575 PACIFIC AVENUE LIVERMORE, CA 94550 CLOSED SESSION CALL TO ORDER 6:00 PM Roll Call Council Member Bob Coomber Council Member Trish Munro Council Member Bob Woerner Vice Mayor Robert W. Carling Mayor John Marchand 6:03 pm. All present. OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING CLOSED SESSION ITEMS ADJOURN TO CLOSED SESSION 1. 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 the purchase, sale, exchange, or lease of real property at Assessor’s Parcel Numbers 098-0289-018-00, 098-0289-20-00, 098-0289- 002-01, and 098- 0289-019-00. The City negotiators may negotiate with David Finster on behalf of Livermore City Council Agenda June 24, 2019 the Livermore Stockmen’s Rodeo Association. The instructions will concern price and terms of payment. 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 098-0289-021-00, 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. 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 the purchase, sale, exchange, or lease of real property for the premises behind the Ale House that is the subject to a license agreement with the City dated May 20, 2014, consistently of approximately 1,072 square feet (Assessor’s Parcel Numbers 097-0001-028-02 and 098-0289-021-00). The City negotiators may negotiate with Ron Witherspoon on behalf of the Ale House. The instructions will concern price and terms of payment. 4. Conference with Real Property Negotiator. To meet with Helen Ling and David Decoteau, the City’s negotiators pursuant to Government Code section 54956.8, regarding the airport restaurant lease agreement approved on April 9, 2018, for a portion of the property located at 680 Terminal Circle, Livermore, California. The City negotiators may negotiate with Sanjeev Malhotra and Harmail Chatha on behalf of SAAB13, LLC. The instructions will concern the terms and conditions of the agreement and whether any changes should be made. 5. Anticipated Litigation – Conference with Legal Counsel. To meet with the City Attorney pursuant to Government Code section 54956.9(d)(4) to discuss whether to initiate litigation. (One case) 6. Anticipated Litigation. To meet with the City Attorney pursuant to Government Code section 54956.9(d)(2) because there is significant exposure to litigation against the City based on existing facts and circumstances and pursuant to § 54956.9(e)(3) due to the receipt of written communication from a potential plaintiff threatening litigation. A redacted copy of the communication is available for public inspection pursuant to Government Code section 54957.5. Note: This Closed Session may be continued to the end of the Regular Meeting. Livermore City Council Agenda June 24, 2019 REGULAR MEETING 1. CALL TO ORDER 7:00 PM 1.01 Roll Call Council Member Bob Coomber Council Member Trish Munro Council Member Bob Woerner Vice Mayor Robert W. Carling Mayor John Marchand 7:01 pm. All present. 1.02 Pledge of Allegiance 1.03 Report of Action Taken in Closed Session City Attorney Jason Alcala reported two actions taken in Closed Session: Closed Session Item No. 2 – As a term for the negotiations for the hotel, the City Council authorized the City Manager to prepare a letter, on behalf of the City as the property owner for the properties listed in the description for Item 2, to allow Presidio Companies, LLC and/or 2205 Railroad Avenue LLC to apply to the City for a development agreement pursuant to Livermore Development Code Chapter 9.04 and Government Code section 65864, et. seq. Closed Session Item No. 6 – Announcement pursuant to Government Code section 54957.1(a)(1)(A). The City Council authorized the City Attorney to execute a settlement agreement on behalf of the City with John D. Winer and his client Jane Doe, in the amount of $650,000, to resolve the claim associated with Mr. Winer’s letter dated February 13, 2019. A copy of the letter is, and the settlement agreement will be, on file in the City Attorney’s Office. 2. PROCLAMATIONS AND PRESENTATIONS 2.01 Community Asset Management Program annual update. Community Asset Management Program (CAMP) committee Chairperson Susan Frost presented the update. 3. CITIZENS FORUM • In conformance with the Brown Act, no City Council action can occur on items presented during Citizens Forum. Livermore City Council Agenda June 24, 2019 • Please complete a speaker card. When the Mayor calls your name, walk to the lectern to address the City Council. • Speakers are limited to a maximum of three minutes per person. The Mayor may reduce the amount of time based on the number of persons wishing to speak. • Citizens Forum will conclude after 30 minutes; however, if there are additional speakers, Citizens Forum will reconvene at 9:30 pm, or following the Public Hearings, whichever occurs first. 4. 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 complete a speaker card. Consent Calendar approved. Motion CM Woerner, 2nd CM Munro, 5-0 vote. 4.01 Approval of draft minutes - June 10, 2019 regular City Council meeting. 4.02 Adoption of Ordinance 2086 amending the Planned Development – El Charro Specific Plan – Regional Commercial Zoning District to incorporate the Republic Square Sign Standards. (Planned Development 18-005 and Master Sign Program 18-001) 4.03 Resolution 2019-085 authorizing execution of a three year agreement with West Coast Arborists, Inc. in an amount not to exceed $375,000, to perform tree and shrub pruning and maintenance services; and authorizing execution of up to two two-year extensions. 4.04 Resolution 2019-086 authorizing issuance of a purchase order to L.N. Curtis and Sons, in an amount not to exceed $325,000, for purchase of materials and supplies in support of daily operations for the Livermore- Pleasanton Fire Department Joint Powers Authority for Fiscal Year 2019- 20. 4.05 Resolutions 2019-087, 2019-088, 2019-089, 2019-090, 2019-091, and 2019-092 authorizing execution of two-year agreements to provide on-call plan check review and development engineering review services, in individual amounts not to exceed $200,000, with the following companies: 1. SNG & Associates 2. Gil’s Consulting 3. Daniel B. Valiao 4. East Bay Municipal Consulting 5. Akashee Engineering 6. P/A Design Resources, Inc. 4.06 Resolution 2019-093 adopting a program and protocols to manage polychlorinated biphenyls (PCBs) in building materials based on the Bay Area Stormwater Management Agencies Association Model, authorizing promulgation of policies and procedures to manage the PCB program, and Livermore City Council Agenda June 24, 2019 finding that the PCB program is exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15308. 4.07 Resolution 2019-094 authorizing application for, and receipt of, Senate Bill 2 Planning Grant Funds, in the amount of $310,000, for the Isabel Neighborhood Specific Plan. 4.08 Resolution 2019-095 by four-fifths (4/5) vote declaring that the failure of the existing police evidence freezer is an emergency requiring its immediate removal and replacement in order to preserve evidence and safeguard life, health, or property in accordance with Municipal Code Sections 2.68.550 and 2.68.040, and Public Contract Code Sections 20168 and 22050; finding that an emergency exists which will not permit a delay resulting in a competitive solicitation for bids for the Police Evidence Storage Freezer, Project No. 2018-045; and authorizing execution of contracts necessary to procure equipment, services, and supplies to remove and replace the freezer. 4.09 Resolution 2019-096 approving the City of Livermore Salary Plan as of July 8, 2019 in accordance with California Code of Regulations, Title 2, Section 570.5. 4.10 Resolution 2019-097 authorizing execution of an agreement with Innovative Claims Solutions, in an amount not to exceed $122,678, for third-party administration services for the City’s self-administered workers’ compensation program in Fiscal Year 2019-20. 5. PUBLIC HEARINGS 5.01 Hearing to consider amending Section 6.02.030, Density Bonuses, of the Livermore Development Code to update sections relating the applicability, land donation, child care facilities, condominium conversions, and modified parking standards to be consistent with recent State law changes. • Location: Citywide • Site Area: Not applicable • Applicant: City of Livermore • Application Number: Development Code Amendment (DCA) 18-007 • Public improvements: Not applicable • Zoning: Various • General Plan: Various • Historic Status: Not applicable • CEQA: A Negative Declaration under the provisions of the California Environmental Quality Act (CEQA) will be considered. Livermore City Council Agenda June 24, 2019 Recommendation: The Planning Commission and staff recommend the City Council introduce an ordinance certifying the environmental document and approving Development Code Amendment (DCA) 18-007. Recommendation approved. Ordinance introduced. Motion CM Woerner, 2nd CM Munro, 5-0 vote. Mayor Marchand reordered the agenda to hear Item 5.03. 5.03 Hearing to confirm the annual levy of assessments for the City’s Landscape Maintenance Districts for Fiscal Year 2019-20. Recommendation: Staff recommends the City Council conduct a public hearing for the confirmation of the annual levy of assessments for the City’s Landscape Maintenance Districts for Fiscal Year 2019-20; and upon closure of the hearing, recommends the City Council adopt a resolution confirming the annual levy of assessments for the City’s Landscape Maintenance Districts and directing actions with respect thereto for Fiscal Year 2019-20. Recommendation approved. Resolution 2019-098 adopted. Motion VM Carling, 2nd CM Coomber, 5-0 vote. Mayor Marchand reordered the agenda to hear Item 5.02 and Item 6.02 concurrently. 5.02 Hearing to consider amending the Municipal Code to add Chapter 5.50, Tobacco Retail Licensing. The proposed ordinance includes, but is not limited to, requiring all retailers of tobacco and tobacco related products to obtain a Tobacco Retailer’s License (TRL), City-wide ban on the sales of all flavored tobacco products and electronic delivery devices, as defined in the ordinance, and ban the sales of all tobacco products within 1,000 feet of sensitive receptors, as defined in the ordinance. • Location: City-wide • Site Area: Not applicable • Applicant: City of Livermore • Application Number: Municipal Code Amendment (MUNI) 19-003 • Public improvements: None • Zoning: Various • General Plan: Various • Historic Status: Not applicable • CEQA: The proposed Municipal Code Amendment is not a project subject to the California Environmental Quality Act. Livermore City Council Agenda June 24, 2019 Recommendation: Staff recommends the City Council introduce an ordinance adopting Municipal Code Amendment 19-003 to add new Chapter 5.50, Tobacco Retail Licensing, to the Municipal Code to regulate tobacco and related product sales. Recommendation approved. Ordinance introduced. Motion VM Carling, 2nd CM Woerner, 5-0 vote. 6.02 Intergovernmental Committee and Las Positas College joint agency resolution in support of tobacco-free and vaping-free schools and community. Recommendation: Staff recommends the City Council adopt a resolution acknowledging and supporting the Intergovernmental Committee resolution adopted in partnership with Las Positas College. Recommendation approved. Resolution 2019-099 adopted. Motion CM Munro, 2nd CM Coomber, 5-0 vote. 6. MATTERS FOR CONSIDERATION 6.01 Appointment of Council Members to the City Council Subcommittee on Advisory Bodies for the period of July 1 - December 31, 2019. Recommendation: Staff recommends the Mayor appoint two Council Members to serve on the City Council Subcommittee on Advisory Bodies for the period of July 1 - December 31, 2019. CM Munro and CM Woerner were appointed to the City Council Subcommittee on Advisory Bodies. 7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS 7.01 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members. A verbal report may be given. Relay for Life CM Coomber and Mayor Marchand said they attended the event at Granada High School in support of the American Cancer Society. Air Quality Monitoring and Mitigation Group CM Munro noted the grassroots group’s efforts to prepare and submit a grant. Farmer’s Market CM Munro and CM Woerner reported their attendance at the farmer’s market in an effort to be more accessible to Livermore residents. Livermore City Council Agenda June 24, 2019 League of California Cities (LOCC) CM Munro said she attended an event as the Community Services representative to hear a legislative update and a presentation on an educational model for children in need. Reading at Library CM Munro said she would be reading with children and meeting with parents at the Library over the summer. East Bay Community Energy (EBCE) CM Munro said she attended an EBCE meeting and reported that Livermore would have windmills for power generation. Lights for Liberty CM Munro said she planned to support the Lights for Liberty program scheduled for July 12, 2019. City Council Subcommittee on Advisory Bodies CM Woerner said he participated in the Subcommittee’s interview session to select advisory body members. Livermore Amador Valley Transit Authority (LAVTA) CM Woerner said he attended the Projects and Services Committee meeting. StopWaste VM Carling said he attended a meeting on June 13, 2019. In response to questions by Ms. Kopps during public comment, he said he hadn’t heard of her proposal to StopWaste and he did not believe the organization’s meetings would move to Livermore. Tri-Valley-San Joaquin Valley Regional Rail Authority Mayor Marchand said on June 12, 2019 he attended the Board of Directors meeting where the Valley Link feasibility report was reviewed. Alameda County Mayors’ Conference Mayor Marchand said on June 12, 2019 he attended the conference in Emeryville. Aircraft Owners and Pilots Association (AOPA) Mayor Marchand said he attended the event that was held June 21-22, 2019. Livermore Valley Performing Arts Center (LVPAC) Liaison In an effort to improve communication between the City Council and the LVPAC board, Mayor Marchand appointed CM Woerner as the City Council’s liaison to the LVPAC board. 8. ADJOURNMENT – 10:17 pm to a regular City Council meeting on July 8, 2019 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.