CITY COUNCIL
REVISED AGENDA
MONDAY, APRIL 25, 2022
*Items 1.1 - Closed Session, 3.4 - Affordable Housing Proclamation, and 7.3 - City Manager contract have been added to the agenda with a new 6:30 p.m. start time.
Item 5.8 - Recycled Water Fill Station has been removed from the agenda.
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:
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
ZOOM WEBINAR:
https://us02web.zoom.us/j/84472628922
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 844 7262 8922
Bob Woerner, Mayor
Regina Bonanno, Vice Mayor
Robert W Carling, Council Member
Brittni Kiick, Council Member
Trish Munro, Council Member
Livermore City Council Agenda April 25, 2022
1. CLOSED SESSION - 6:30 p.m.
1.1 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 098-0289-024-00 and 098-0289-025-00. The City negotiators may negotiate with Lisa Tromovitch on behalf of the Shakespeare’s Associates, Inc., a California nonprofit corporation. The instructions will concern price and terms of payment in furtherance of the exclusive negotiation rights agreement first authorized by the City Council on June 18, 2018.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Proclamation declaring May 2022 as Drinking Water Awareness Month presented to representatives from Zone 7 Water Agency, California Water Service (Cal Water), and Livermore Municipal Water.
Recommendation:
Staff recommends the City Council declare May 2022 as Drinking Water Awareness Month, recognizing the joint efforts of Livermore Municipal Water, Zone 7 Water Agency, and California Water Service (Cal Water) to provide this vital service to our community.
Staff Report
Attachments:
1. Proclamation
3.2 Presentation of the 2022 Livermore Water Conservation Art Contest awards
Recommendation:
Staff recommends City Council present awards to the winners of this year’s Livermore Water Conservation Art Contest.
Staff Report
Attachments:
1. Award Presentation
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
REPORT OF ACTION TAKEN IN CLOSED SESSION
Livermore City Council Agenda
April 25, 2022
3.3 Livermore Area Youth Advisory Commission annual update presented by Commission Chair Evelyn Arroyo
Recommendation:
Staff recommends City Council accept the Livermore Area Youth Advisory Commission annual update.
Staff Report
3.4 Proclamation declaring May as Affordable Housing Month presented to East Bay Housing Organizations.
Recommendation:
Staff recommends the City Council declare May as Affordable Housing Month.
Staff Report
Attachments:
1. Proclamation
4. CITIZENS FORUM
In conformance with the Brown Act, no City Council action can occur on items presented during Citizens 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.
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 submit a speaker card if in person or use the 'raise hand' feature if participating using Zoom.
5.1 Adoption of an ordinance adding section 2.36.200 to the Livermore Municipal Code in compliance with the requirements of Assembly Bill 481 (an act to add sections 7070 through 7075 to the Government Code, relating to military equipment).
Recommendation:
Staff recommends City Council
adopt an ordinance
adding section 2.36.200 to the Livermore
Municipal Code in compliance with the requirements of Assembly Bill 481 (an act to add sections 7070 through 7075 to the Government Code, relating to military equipment).
Staff Report
Attachments:
Livermore City Council Agenda
April 25, 2022
1. Ordinance
5.2 Adoption of an ordinance amending Title 5 and adding Chapter 5.60 Outdoor Dining Permit to the Livermore Municipal Code.
Recommendation:
The Planning Commission and staff recommend the City Council adopt an ordinance
adding
section 5.60 to the Livermore Municipal Code. The purpose of the Ordinance is to codify an Outdoor Dining Permit and facilitate enforcement through administrative due process.
Staff Report
Attachments:
1. Ordinance
2. Exhibit A - Planning Commission Resolution No. 08-22
3. Exhibit B - Outdoor Dining Ordinance
5.3 Resolution
authorizing amendments to contracts C9801130 and C9802006 with
the State
Department of Parks and Recreation
for
grant funds allocated to the Arroyo Road Trail (T-13,
Segment B), Project No. 2019-55.
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Approving the Amendments to Contract No. C9801130 and C9802006 with the State of California under the Per Capita Grant Program in the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018; and 2 .
Authorizing the City Manager or designee to sign all grant documents for the Per Capita Grant Funds.
Staff Report
Attachments:
1. Resolution
5.4 Resolution approving and appropriating the allocation of Community Development Block Grant, Home Investment Partnership Program, Social Opportunity Endowment, In-Lieu Housing, Human Services Facility Fee and General Funds in the total amount of $1,000,200 for FY 2022-23.
Recommendation:
Staff recommends the City Council adopt a resolution appropriating $1,000,200 as listed below and authorize the City Manager to negotiate and execute all related documents, grant agreements, and modifications.
1 .
Community Development Block Grant Funds (Fund 613) in the amount of $432,000 2 .
HOME Investment Partnership Program Funds (Fund 671) in the amount of $139,500 3 .
Social Opportunity Endowment Funds (Fund 620) in the amount of $80,000 4 .
Human Service Facility Fee Funds (Fund 333) in the amount of $119,700 5 .
In-Lieu Housing Funds (Fund 611) in the amount of $209,000 6 .
General Funds (Fund 001) in the amount of $20,000
Livermore City Council Agenda
April 25, 2022
Staff Report
Attachments:
1. Resolution
2. Exhibit A - FY 2022-23 Grant Recommendations
5.5 Resolution authorizing execution of an Affordable Housing Loan Agreement, Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants and related documents with Tri-Valley REACH, Inc. for repairs and updates to an affordable group home located at 4355 Colgate Avenue
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Authorizing a loan to Tri-Valley REACH, Inc. in the amount of $91,768 in State Permanent Local Housing Allocation (PLHA) to assist with the rehabilitation of 4355 Colgate Avenue; and
2 .
Authorizing the City Manager to execute the Affordable Housing Loan Agreement attached as Exhibit A to the Resolution and the Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants attached as Exhibit B to the Resolution, between the City of Livermore and Tri-Valley REACH, Inc. for 4355 Colgate Avenue and all other related documents authorized and described in those agreements.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Affordable Housing Loan Agreement
3. Exhibit B - Affordable Housing Regulatory Agreement
5.6 Resolution authorizing execution of an agreement with DarkTrace Holding Limited for cybersecurity services in an amount not-to-exceed $437,000
Recommendation:
Staff recommends City Council authorize execution of the agreement with DarkTrace Holding Limited for cybersecurity services in an amount not-to-exceed $437,000.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Darktrace Product Order Form
5.7 Resolution endorsing the Alameda County Home Together 2026 Implementation Plan to address homelessness and acknowledging receipt of future homeless services funding must be consistent with the plan
Recommendation:
Staff recommends City Council adopt a resolution:
1 .
Endorsing the Alameda County Home Together 2026 Implementation Plan to address homelessness.
Livermore City Council Agenda
April 25, 2022
2 .
Acknowledging that to receive future homeless services funding made available through the County, grants, programs, and services must be consistent with the Home Together 2026 Plan.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Home Together 2026 Implementation Plan
5.8 Resolution appropriating $156,667 in additional funds in FY 2021-22 for the Joint Use Residential Recycled Water Fill Station.
Recommendation:
Staff recommends that the City Council adopt a resolution appropriating $156,667 in additional funds in FY 2021-22 for the Joint Use Residential Recycled Water Fill Station.
5.9 Resolution designating the Administrative Services Director as the City Treasurer
Recommendation:
Staff recommends City Council adopt a resolution designating the Administrative Services Director as the City Treasurer.
Staff Report
Attachments:
1. Resolution
6. PUBLIC HEARINGS
6.1 Hearing to consider the Community Development Block Grant (CDBG) and HOME Investment Partnership Program's Annual Action Plan for FY 2022-23 and authorizing submittal to the U.S. Department of Housing and Urban Development
Recommendation:
The Human Services Commission and staff recommend the City Council adopt a resolution:
1 .
Approving the FY 2022-23 Annual Action Plan for the HOME Investment Partnership and Community Development Block Grant Programs and authorizing its submittal to Alameda County for inclusion with the Alameda County HOME Consortium report and submission to the U.S. Department of Housing and Urban Development (HUD); and 2 .
Authorizing the City Manager, or his designee, to sign all related documents, and to make adjustments to the Action Plan as needed based on the HUD allocation.
Staff Report
Attachments:
1. Resolution
2. Exhibit A- FY 2022-23 Annual Action Plan
3. Exhibit B- HUD Certifications
6.2 Hearing to introduce an ordinance amending Livermore Municipal Code (LMC) Chapter 8.14 Public Nuisances to add Safe Storage of Firearm provisions to effectively regulate the safe
Livermore City Council Agenda
April 25, 2022
storage of a firearm in a residence.
Recommendation:
Staff recommends the City Council
introduce an ordinance
amending Livermore Municipal
Code (LMC) Chapter 8.14 Public Nuisances and adding “Unsafe Storage of Firearms" provisions to Chapter 8.14 to effectively regulate the safe storage of a firearm in a residence.
Staff Report
Attachments:
1. Public Comment Received
2. Ordinance
6.3 Hearing to receive and consider protests and direct staff to proceed with field abatement work on non-compliant properties under the 2022 Fire Hazard Abatement Program.
Recommendation:
Staff recommends City Council consider all protests, and if Council finds appropriate, adopt a resolution overruling protests, and direct staff to proceed with necessary weed abatement on all parcels requiring abatement.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Livermore Pleasanton Fire Department 2022 List of Parcels
7. MATTERS FOR CONSIDERATION
7.1 Resolution approving the 2022 City of Livermore State and Federal Legislative Platform
Recommendation:
Staff recommends the City Council adopt a resolution approving the 2022 City of Livermore State and Federal Legislative Platform.
Staff Report
Attachments:
1. Draft 2022 Legislative Platform - Redlined
2. Tri-Valley Cities Legislative Framework
3. Resolution
4. Exhibit A - Draft 2022 Legislative Platform
7.2 Update on the FY 2021-23 City Council Goals and Priorities and Equity and Inclusion workplan.
Recommendation:
Staff recommends City Council receive an update on the FY 2021-23 Goals and Priorities and Equity and Inclusion workplan.
Staff Report
Livermore City Council Agenda
April 25, 2022
Attachments:
1. FY 2021-23 City Council Priorities Report
2. Equity and Inclusion Final Recommendations Report
7.3 Resolution appointing and approving an employment contract with a new City Manager
Recommendation:
Mayor Woerner recommends the City Council adopt a Resolution appointing Marianna Marysheva as City Manager and approving the employment contract.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Employment Agreement
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS
9. ADJOURNMENT
To a Regular City Council meeting on Monday, May 9, 2022 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:
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 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
Livermore City Council Agenda
April 25, 2022
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:
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
YouTube:
http://youtube.com/c/CityofLivermoreCalifornia
Zoom Webinar:
https://us02web.zoom.us/j/84472628922
Zoom dial in phone number: 1 669 900 6833
Meeting ID: 844 7262 8922
Livermore City Council Agenda
April 25, 2022
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, 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
April 25, 2022