JANUARY 10, 2022 Minutes CM/74/534
CITY COUNCIL
JANUARY 10, 2022
________________________________________________________________
REGULAR MEETING
2. CALL TO O RDER – The meeting o f the City Council was called to o rder by Mayor Bob Woerner at 7:00 pm, held via teleconfe rence using Z oom and YouTube.
ROLL CALL – Present: Mayor Bob Woerner, Vice Mayor Regina Bonanno and Council Members Robert W. Carling, Brittni Kiick, and Trish Munro.
PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS AND PRESENTATIONS – NONE
4. CITIZENS FORUM
Mayor Woerner opened the public comment period.
Alan Marling provided a comment.
Alan Burnham provided a comment.
Pat Coyle provided a comment.
Ben Barrientos provided a comment.
Jeff Kaskey provided a comment.
There were no more more speakers and the public comment period was closed.
5. CONSENT CALENDAR
Mayor Woerner opened the public comment period.
Karl Wente provided a comment.
There were no more speakers and the public comment period was closed.
ON THE MOTION OF CM MUN RO, SECONDED BY VM BO NANNO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCI L APPROVED THE CONSENT CALENDAR.
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5.1 Approval of draft minutes - December 13, 2021 Regular Meeting.
5.2 Resolution 2022-001 authorizing the City Manager to execute an agreement with Axon Enterprise Inc. for a law en forcement technology update package in an amount not-to-exceed $1,747,850.
Recommendation: Staff recommend ed the City Council adopt a resolution authorizing the City Manager to enter into a 5 -year agreement with Axon Enterprise Inc. for the moderniz ation of mult iple law enforcement technology products including, but not limited to: new police camera technologies (b ody- worn and in -car), new conduct ed energy weapons (Tasers), accountability related hardware/software, unlimited data storage, and softwar e to i ncrease personnel efficiency in an amount not-to-exceed $1,747,850.
5.3 Resolution 2022-002 authorizing execution of the renewal subscription agreement with Info -Tech Research Group for Information Technology (IT) and Cybersecurity research, advisor y, and consulting services in an amount not -to- exceed $170,000.
Recommendation: Staff recommended City Council authorize execution of the renewal sub scription agreement with Info -Tech research Group under their Federal GSA supply schedule for a three-year term not-to-exceed $170,000.
5.4 Resolution 2022-003 authorizing the appropriation of funding for development of the Vineyard 2.0 afford able 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 recommended 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 Hu man Service s 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 Resoluti on 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 at tached to t he Resolution as Exhibit D, between the City of Livermore and Tri Valley BMR, LLC; and all other related documents aut horized and described in those DocuSign Envelope ID: A70A91DC-F68B-4666-97C0-8E8678B2E3A1
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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 awar ded to the City from the County of Alameda for Vineyard 2.0, 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, an d 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.
5.5 Resolution 2022-004 authorizing submission of a joint grant application to the State of California Hous ing an d Commu nity Development Department Homekey Program for the Project Reclamation Program in a total not -to-exceed amount of $20,000,000.
Recommendation: Staff recommended the City Council adopt a resolution:
1. Authorizing and directing the submission of a joint A pplication with Bay Area Community Services (BACS) and other jurisdictions within Alameda County to the State of California Housing and Co mmunity 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 properti es 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 Progra m, and all amendments thereto (collectively, the Homekey Documents); and
3. Acknowledging and agreeing th at the City s hall 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 p art 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 allowa ble expenditures and activities identified in the Standard Agreement; and
4. Authorizing the City Manager , or h is desi gnee, to approve the final joint Application to the State and execute the Application and the Homekey Documents on behalf of the City of L ivermore (Co-Applicant) for participation in the Homekey Program; and
5. The City Manager, or his designe e, to negotiate and develop an agreement with the Lead Applicant and Bay Area Community Services outlining the roles and responsibilities of each entit y if the Application is approved, subject to the review and approvals as to form by the City Attorney.
5.6 Resolution 2022-005 authorizing submission of a US Fish and Wildlife Service Cooperative Endangered Species Conservation Fund - Habitat Conservation Plan Planning Assistance grant application
Recommendation: Staff recommended the City Council adopt a resolution:
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1. Authorizing staff to prepare and submit a US Fish and Wildlife Service Cooperative Endangered Species Conservation Fund - Habitat Conser vation Plan Planning Assistance grant application; and
2. Authorizing the City Manager or designee to sig n all documents related to the grant and the Habitat Conservation Plan.
5.7 Resolution 2022-006 of a continued local emergency and reauthorizing remote teleconference meetin gs for City of Livermore's legislative bodies in accordance with Assembly Bill 361.
Recommendation: Staff recommend ed 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.
6. PUBLIC HEARINGS
6.1 Hearing to co nsider 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 acqui sition loan f or 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 Liv ermore Successor Agency’s Long Range Property Management Plan and are exempt surplus land; and authorizing a supplemental appropriation of $1,923,750 f rom the General Fund for the site acquisition loan.
Recommendation: Staff recommend ed the City Council adopt t wo reso lutions and direct the following:
1. Declaring that Parcel A and Subsurface Parcel C of Parcel Map 9999 are exempt 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 t hat were adopted by City Council on Septe mber 10, 2018 by Resolution 2018 -153, May 13, 2019 by Resolution 2019-064, an d October 26, 2020 by Resolution 2020-178, the categorical exemption for infill development for the Downtown Hotel Term Sheet dated Februa ry 26, 2018, and the 2004 Downtown Specif ic Plan Environmental Impact Report, and authorizing the City Ma nager 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 DocuSign Envelope ID: A70A91DC-F68B-4666-97C0-8E8678B2E3A1
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directed to the Site Acquisition Loan described in the DDLA.
Community Development Director Paul Spence presented the staff report.
Mayor Woerner opened the public hearing.
John Marchand provided a comment.
Ben Barrientos provided a comment.
Jean King provided a comment.
Lori Souza provided a comment.
Richard Ryon provided a comment.
Alan Burnham provided a comment.
Mary Perner provided a comment.
Jeremy Troupe-Masi provided a comment.
Maryann Brent provided a comment.
Deborah McQueen provided a comment.
Lynn Naylor, Innovation Tri-Valley Leadership Group, provided a comment.
Carol Silva provided a comment.
Jim Hutchins provided a comment.
Doug Mann provided a comment.
Laning Thompson provided a comment.
Lisa Tromovitch provided a comment.
Dawn Argula, Livermore Valley Chamber of Commerce, provided a comment.
Carol Chargin provided a comment.
Steven Mirassou provided a comment.
Tracy Kronzak provided a comment.
Alan Marling provided a comment.
Bryan Wingen provided a comment.
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Alan Heckman provided a comment.
Mel Chiong provided a comment.
Asa Strout provided a comment.
Jeff Kaskey provided a comment.
David B. Kent provided a comment.
Karalee Brune provided a comment.
Karl Wente provided a comment.
Brandi Addington provided a comment.
Sherry Nigg provided a comment.
There were no more speakers and the hearing was closed.
ON THE MOTION OF MAYOR WOERNER, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:
Resolution 2022-007 declaring that two City-Owned parcels are exempt surplus land pursuant to Government Code Section 54221.
Resolution 2022-008 authorizing execution of an Amended and Restated Disposition, Development and Loan Agreement that i ncludes a site acquisition loan in the amo unt of $1,923,750 for the acquisition of 2080 Railroad Aven ue, with 2205 Railroad Avenue, LLC for development of a boutique hotel and parking facility; and authorizing a supplemental appropriation in the amount of $1,923,750 from the General Fund to be dir ected to the site acquis ition loan described in the DDLA (APNs 09 8-0407-031-00, 098 -0407-033-00, 098 -0282- 009-00).
THE CITY COUNCIL RECESSED AT 8:56 PM AND RECONVENED AT 9:10M.
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 em ergency, as well as discussion and direction regarding the City’s emergency operations in response to that emergency.
Recommendation: An oral report was given at the meeting.
Director of Emergency Services Marc Roberts presented the staff report.
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Mayor Woerner opened the public comment period.
There were no speakers and the public comment period was closed.
THE CITY COUNCIL RECEIVED THE REPOR T AND PROVIDED DIRECTION TO STAFF TO INVESTIGATE ACTIVE COVID -19 VACCINATION INCENTIVE
PROGRAMS SPONSORED BY ALA MEDA COUNTY A ND ADVERTISE, IF AVAILABLE, ON THE CITY WEBSITE AND THAT AN UPD ATE ON COVID -19 BE PRESENTED AT THE NEXT REGULAR CITY COUNCIL MEETING.
7.2 Comprehensive General Plan and Housing Element Update – Draft Vision Statement and Guiding Principles
Recommendation: The Planning Commission and staff recommend ed the City Council adopt a Resolution approving the General Plan Update – Draft Vision Statement and Guiding Principles.
Senior Planner Andy Ross presented the staff report.
Mayor Woerner opened the public comment period.
Alan Marling provided a comment.
John Marchand provided a comment.
Karl Wente provided a comment.
Veronica Stewart Long provided a comment.
There were no more speakers and the public comment period was closed.
M WOERNER APP OINTED HIMSEL F AND CM MUNRO TO THE VISION
STATEMENT SUBCOMMITTEE TO EDIT THE STATEMENT AND BRING
BACK FOR APPROVAL AT A FUTURE CITY COUNCIL MEETING.
7.3 Discussion and direction on Liv ermore's preferred approach regarding the Livermore Amador Valley Tran sit Authority 's draft Zero Emission Bus Fleet Transition Study.
Recommendation: Staff recommend ed City Council receive the presentation and provide direction to the Livermore representat ives on the Livermore Amador Valley Transit Authority Board of Direct ors on Livermore's preferred approach to transition to a zero-emission bus fleet.
City Engineer Bob Vinn pres ented the staff report. LAVTA Director of Planning and Deployment , Savannah Gupton, Executive Director , Michael S. Tree , and Director of Operations and Innovation, Toan Tran provided the presentation.
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Mayor Woerner opened the public comment period.
Alan Burnham provided a comment.
There were no more speakers and the public comment period was closed.
THE CITY COUNCIL RECEIVED THE REPORT AND PROVIDED GUIDANCE TO THE CITY’S LAVTA BOARD REPRESENTATIVES.
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIA TED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF
RECENTLY ATTENDED EVENTS AND MEE TINGS IN ADDI TION TO THE INFORMATION PROVIDED IN THE SUPPLEMENTAL PACKET.
CITY COUNCIL PROVIDED DIRECTION TO STAFF TO DRAFT A LETTER OF
SUPPORT F OR ADDITIONAL FUNDING FROM THE STATE FOR LOCAL AGENCIES TO PROVIDE THEIR EMPLOYEES COVID-19 RELIEF SICK TIME.
9. ADJOURNMENT – at 11:10 pm in memory of Dr. J ohn Shirley 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 5:00 p.m. both held virtually using Zoom.
APPROVED:
BOB WOERNER, MAYOR
ATTEST:
MARIE WEBER, CITY CLERK
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