CITY COUNCIL
AGENDA
MONDAY, JANUARY 10, 2022
VIRTUAL REGULAR MEETING –
7:00 PM
TELECONFERENCE:
MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
ZOOM WEBINAR:
https://us02web.zoom.us/j/83392023549
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 833 9202 3549
Bob Woerner, Mayor
Regina Bonanno, Vice Mayor
Trish Munro, Council Member
Robert W Carling, Council Member
Brittni Kiick, Council Member
Livermore City Council Agenda
January 10, 2022
1. CLOSED SESSION - NONE
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
4. CITIZENS FORUM
In conformance with the Brown Act, no City Council action can occur on items presented during Citizens Forum.
Please log into Zoom to provide verbal public comment during the City Council Meeting.
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.
Citizens Forum will conclude after 30 minutes; however, if there are additional speakers, Citizens 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 use the raise hand feature.
5.1 Approval of draft minutes - December 13, 2021 Regular Meeting.
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. 2021-12-13 Regular City Council Draft Minutes
5.2 Resolution authorizing the City Manager to execute an agreement with Axon Enterprise Inc. for a law enforcement technology update package in an amount not-to-exceed $1,747,850.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to enter into a 5-year agreement with Axon Enterprise Inc. for the modernization of multiple law enforcement technology products including, but not limited to: new police camera technologies (body-worn and in-car), new conducted energy weapons (Tasers), accountability related hardware/software, unlimited data storage, and software to increase personnel efficiency in an
ROLL CALL
Council Member Robert W. Carling
Council Member Brittni Kiick
Council Member Trish Munro
Vice Mayor Regina Bonanno
Mayor Bob Woerner
PLEDGE OF ALLEGIANCE
Livermore City Council Agenda
January 10, 2022
amount not-to-exceed $1,747,850.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Master Services and Purchasing Agreement
5.3 Resolution authorizing execution of the renewal subscription agreement with Info-Tech Research Group for Information Technology (IT) and Cybersecurity research, advisory, and consulting services in an amount not-to-exceed $170,000
Recommendation:
Staff recommends City Council authorize execution of the renewal subscription agreement with Info-Tech research Group under their Federal GSA supply schedule for a three-year term not-to-exceed $170,000.
Staff Report
Attachments:
1. Info-Tech GSA Federal Supply Schedule
2. Resolution
3. Exhibit A - City of Livermore ITRG Membership Renewal df
5.4 Resolution authorizing the appropriation of funding for development of the Vineyard 2.0 affordable housing and community care facilities project and approving funding agreements and related documents between the City of Livermore and Tri Valley BMR, LLC.
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Appropriating up to $1,182,772 of City Affordable Housing Trust Funds and $2,457,750 of Housing Successor Agency Funds to Tri Valley BMR, LLC for a development loan for the Vineyard 2.0 project located at 460 North Livermore Avenue; and 2 .
Appropriating up to $1,620,135 of Human Services Facility Funds to Tri Valley BMR, LLC for a grant to develop community care facilities located at 460 North Livermore Avenue; and
3 .
Appropriating up to $1,500,000 of
Non-Housing Residual Property Taxes (County
"Boomerang Funds”)
to Tri Valley BMR, LLC for a grant to develop of the Vineyard 2.0 project as awarded and directed by the Alameda County Board of Supervisors; and 4 .
Authorizing the City Manager, or his designee, to execute the Affordable Housing Loan Agreement attached to the Resolution as Exhibit A, Amended and Restated Affordable Housing Regulatory Agreement attached to the Resolution as Exhibit B, Social and Human Services Facility Fee Grant Agreement attached to the Resolution as Exhibit C, Services Facility Regulatory Agreement attached to the Resolution as Exhibit D, between the City of Livermore and Tri Valley BMR, LLC; and all other related documents authorized and described in those agreements; and 5 .
Authorizing the City Manager to execute a Grant Agreement, attached to the Resolution as Exhibit E, between the City of Livermore and Tri Valley BMR, LLC, that governs the use of the funds awarded to the City from the County of Alameda for Vineyard 2.0,
Livermore City Council Agenda
January 10, 2022
subject to final form approval by the City Attorney; and 6 .
Authorizing the City Manager, or his designee, to execute a Subordination Agreement with Tri Valley BMR, LLC, the County of Alameda, and JP Morgan Chase Bank, in substantially the form attached to the Resolution as Exhibit F, and subject to final form approval by the City Attorney.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Affordable Housing Loan Agreement
3. Exhibit B - Amended and Restated Regulatory Agreement
4. Exhibit C - Human Services Facility Fee Grant Agreement
5. Exhibit D - Services Facility Regulatory Agreement
6. Exhibit E - Vineyard Alameda County Grant Agreement
7. Exhibit F - Vineyard Subordination Agreement
5.5 Resolution authorizing submission of a joint grant application to the State of California Housing and Community Development Department Homekey Program for the Project Reclamation Program in a total not-to-exceed amount of $20,000,000
Recommendation:
Staff recommend the City Council adopt a resolution:
1 .
Authorizing and directing the submission of a joint Application with Bay Area Community Services (BACS) and other jurisdictions within Alameda County to the State of California Housing and Community Development Department in response to the Homekey NOFA, and to apply for Homekey grant funds in a total amount not to exceed $20,000,000; and
2 .
Authorizing, entering into, executing, and delivering a Standard Agreement related to acquired properties that are located in the City of Livermore, any and all other documents required or deemed necessary or appropriate to secure the Homekey funds for properties acquired in the City of Livermore, from the Department and to participate in the Homekey Program, and all amendments thereto (collectively, the Homekey Documents); and
3 .
Acknowledging and agreeing that the City shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof; that any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement; and, that funds are to be used for the allowable expenditures and activities identified in the Standard Agreement; and 4 .
Authorizing the City Manager, or his designee, to approve the final joint Application to the State and execute the Application and the Homekey Documents on behalf of the City of Livermore (Co-Applicant) for participation in the Homekey Program; and 5 .
The City Manager, or his designee, to negotiate and develop an agreement with the Lead Applicant and Bay Area Community Services outlining the roles and responsibilities of each entity if the Application is approved, subject to the review and approvals as to form by the City Attorney.
Staff Report
Livermore City Council Agenda
January 10, 2022
Attachments:
1. Resolution
5.6 Resolution authorizing submission of a US Fish and Wildlife Service Cooperative Endangered Species Conservation Fund - Habitat Conservation Plan Planning Assistance grant application Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Authorizing staff to prepare and submit a US Fish and Wildlife Service Cooperative Endangered Species Conservation Fund - Habitat Conservation Plan Planning Assistance grant application; and
2 .
Authorizing the City Manager or designee to sign all documents related to the grant and the Habitat Conservation Plan.
Staff Report
Attachments:
1. Resolution
5.7 Resolution of a continued local emergency and reauthorizing remote teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361
Recommendation:
Staff recommends City Council adopt a resolution of a continued local emergency and reauthorizing remote teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361.
Staff Report
Attachments:
1. Resolution
6. PUBLIC HEARINGS
6.1 Hearing to consider approving an Amended and Restated Disposition, Development and Loan Agreement with 2205 Railroad Avenue LLC to develop a four-story hotel on the southeast corner of Railroad Avenue and South Livermore Avenue, which includes a site acquisition loan for 2205 Railroad Avenue LLC to develop a parking facility on 2080 Railroad Avenue; to declare that the parcels to be transferred from the City to 2205 Railroad Avenue LLC are identified for disposition for the development of a hotel in the Livermore Successor Agency’s Long Range Property Management Plan and are exempt surplus land; and authorizing a supplemental appropriation of $1,923,750 from the General Fund for the site acquisition loan.
Recommendation:
Staff recommends the City Council adopt two resolutions and direct the following:
1 .
Declaring that Parcel A and Subsurface Parcel C of Parcel Map 9999 are exempt
Livermore City Council Agenda
January 10, 2022
surplus land as defined in Government Code Section 54221; and 2 .
Finding the Disposition, Development and Loan Agreement with 2205 Railroad Avenue LLC is consistent with, and analyzed by, the addendums to the Downtown Specific Plan 2009 Subsequent Environmental Impact Report that were adopted by City Council on September 10, 2018 by Resolution 2018-153, May 13, 2019 by Resolution 2019-064, and October 26, 2020 by Resolution 2020-178, the categorical exemption for infill development for the Downtown Hotel Term Sheet dated February 26, 2018, and the 2004 Downtown Specific Plan Environmental Impact Report, and authorizing the City Manager to execute the DDLA, including the $1,923,750 Predevelopment Loan, and all documents necessary to effectuate the actions described in the DDLA; 3 .
Authorizing the City Manager to execute on behalf of the City the amended and Restated Disposition and Development and Loan Agreement with 2205 Railroad Avenue LLC; and
4 .
Supplemental appropriation of $1,923,750 from the General fund to be directed to the Site Acquisition Loan described in the DDLA.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Plat & Legal Description Hotel Parcel
3. Exhibit B - City Council Resolution 2018-155
4. Exhibit C - City Council Resolution 2018-156
5. Resolution
6. Exhibit A - Amended and Restated Disposition, Development and Loan Agreement
7. MATTERS FOR CONSIDERATION
7.1 Oral report from the Director of Emergency Services regarding the COVID-19 emergency, its impacts, and the governmental operations in response to that emergency, as well as discussion and direction regarding the City’s emergency operations in response to that emergency.
Recommendation:
An oral report will be given at the meeting.
Staff Report
7.2 Comprehensive General Plan and Housing Element Update – Draft Vision Statement and Guiding Principles
Recommendation:
The Planning Commission and staff recommend the City Council adopt a Resolution approving the General Plan Update – Draft Vision Statement and Guiding Principles.
Staff Report
Attachments:
1. Community Input Themes
2. Community Input Received
Livermore City Council Agenda
January 10, 2022
3. Community Survey Analysis
4. Advisory Committee and Planning Commission Visioning Comments
5. Resolution
6. Exhibit A Planning Commission Resolution 29-21
7. Exhibit B - Vision Statement and Guiding Principles
7.3 Discussion and direction on Livermore's preferred approach regarding the Livermore Amador Valley Transit Authority's draft Zero Emission Bus Fleet Transition Study.
Recommendation:
Staff recommends City Council receive the presentation and provide direction to the Livermore representatives on the Livermore Amador Valley Transit Authority Board of Directors on Livermore's preferred approach to transition to a zero-emission bus fleet.
Staff Report
Attachments:
1. Draft LAVTA ZEB Transition Master Plan
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS
9. ADJOURNMENT
To a Special Closed Session City Council Meeting on January 18, 2022 at 5:00 p.m. and a Joint Special Meeting Workshop of the City Council and Planning Commission on January 20, 2022 at 5:00pm both held virtually using Zoom.
10. SUPPLEMENTAL MATERIALS
10.1 Supplemental materials received prior to the meeting.
Staff Report
Attachments:
1. Supplemental Materials
10.2 Items received at the meeting.
Staff Report
Attachments:
1. Items Received at the Meeting
HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING
You can participate in the meeting in a number of ways:
Citizens 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 submit a comment using Zoom, you may use the 'raise hand' feature. You should be aware 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.
Livermore City Council Agenda
January 10, 2022
Public Hearings
- The topic of the hearing is typically summarized by staff, followed by questions from the City Council and a presentation by the applicant. The Mayor will then open the hearing to the public and offer an opportunity for public comments. You may use the 'raise hand' feature in Zoom and take 3 minutes to make your comments.
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 Virtual Meetings:
Submission of Comments Prior to the Meeting:
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 4PM the day of the meeting. These items will NOT be read into the record and are viewable by the 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 using Zoom, you may use the 'raise hand' feature. You should be aware 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
YouTube:
h
ttp://youtube.com/c/CityofLivermoreCalifornia
Zoom Webinar:
https://us02web.zoom.us/j/83392023549
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 833 9202 3549
If you would like to deliver written materials to the City Council as part of their electronic comments Livermore City Council Agenda
January 10, 2022
during a meeting, the speaker must identify that intent in his or her comment submitted 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, http://cityoflivermore.net/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://cityoflivermore.net/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
January 10, 2022