CITY COUNCIL
AGENDA
MONDAY, MAY
9, 2022
REGULAR HYBRID MEETING –
7:00 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/85773212974
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 857 7321 2974
Bob Woerner, Mayor
Regina Bonanno, Vice Mayor
Robert W Carling, Council Member
Brittni Kiick, Council Member
Trish Munro, Council Member
Livermore City Council Agenda
May
9, 2022
1. CLOSED SESSION - None.
Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
No
te: This Closed Session my be continued to the end of the Regular Meeting.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Proclamation presented to Assistant Public Works Director Jeff Shafer declaring May 15-21, 2022 as Public Works Week.
Recommendation:
Staff recommends City Council proclaim May 15-21, 2022 as Public Works Week.
Staff Report
Attachments:
1. Proclamation
3.2 Proclamation declaring May as Jewish American Heritage Month presented to Rabbi Milder of Congregation Beth Emek.
Recommendation:
Staff recommends the City Council declare May as Jewish American Heritage 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
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
May
9, 2022
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 Approval of draft minutes - April 11, 2022 Regular Meeting and the April 22, 2022 Special Meeting.
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. 2022-04-11 Draft Meeting Minutes
2. 2022-04-22 Draft Meeting Minutes
5.2 Adoption of an ordinance amending Livermore Municipal Code (LMC) Chapter 8.14 Public Nuisances to add Safe Storage of Firearm provisions to effectively regulate the safe storage of a firearm in a residence.
Recommendation:
Staff recommends the City Council
adopt 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. Ordinance
5.3 Resolution authorizing execution of the first amendment to the agreement with Terracare Associates for citywide landscape maintenance services to increase the total compensation by $885,000
to an amount not-to-exceed $3,900,000.
Recommendation:
Staff recommends City Council adopt a resolution authorizing the City Manager to execute an amendment to the City’s current agreement with Terracare Associates to increase the total compensation to an amount not-to-exceed $3,900,000.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Amendment to the Agreement with Terracare Associates
5.4 Resolution authorizing execution of a second amendment to the agreement with West Coast Arborists, Inc., for tree and shrub pruning and maintenance services, extending the term of the
Livermore City Council Agenda
May
9, 2022
agreement for an additional two-year period and increasing the total compensation amount by $323,000 for a total amount not-to-exceed $788,000.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the execution of a second amendment to the agreement with West Coast Arborists, Inc. to extend the term of the agreement for an additional two-year period and increase the total compensation amount by $323,000 for a total amount not-to-exceed $788,000.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - West Coast Arborists, Inc. Agreement Amendment
5.5 Resolution to approve the commitment of up to $2,234,749 of the City of Livermore’s Base City Allocation of Alameda County Measure A1 Countywide Housing Bond to finance the development of the Pacific Avenue Senior Housing project.
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Approving the commitment of up to $2,234,749 of Alameda County Measure A1 Housing Bond Livermore Base City Allocation funds to Satellite Affordable Housing Associates for the Pacific Avenue Senior Apartments project; and 2 .
Authorizing the City Manager, or his designee, to take such actions and execute all documents necessary to facilitate the Alameda County Measure A1 Housing Bond Base City Allocation commitment of funds for the Pacific Avenue Senior Apartments project.
Staff Report
Attachments:
1. Resolution
5.6 Resolution finding that the Altamont Landfill Open Space Committee's recommendation to expend up to $160,103 for a Phase II Study to identify wildlife connectivity along I- 580/Altamont corridor is consistent with the Altamont Landfill Settlement Agreement, authorizing execution of an agreement with Altamont County Resource Conservation District (ACRCD) to conduct the Phase II study in an amount not-to-exceed $160,103 and accepting the Committee's approved list of priority areas.
Recommendation:
Staff recommends the City Council adopt a resolution to:
1 .
Find the Altamont Landfill Open Space Committee’s recommendation to expend up to $160,103 of Altamont Open Space Funds to the Alameda County Resource Conservation District (ACRCD) and University of California, Davis to conduct a Phase II study to identify and evaluate wildlife connectivity along the I-580/Altamont corridor is
consistent with the Altamont Landfill Settlement Agreement .
2 .
Authorize the City Manager, or designee, to execute an agreement with ACRCD to
Livermore City Council Agenda
May
9, 2022
conduct the Phase II study in an amount not-to-exceed $160,103. 3 .
Accept the Committee’s recommendation to confirm the Eastern Alameda County Open Space Priority List, and that the List will be further refined by the Committee using the new U.C. Berkeley mapping tool and the Phase I and II I-580/Altamont wildlife connectivity study results to guide funding of future open space acquisition applications.
Staff Report
Attachments:
1. Approved Open Space Committee Acquisitions
2. Alameda County Resource Conservation District Support Letter
3. Applicable General Plan Policies
4. Resolution
5. Exhibit A - Agreement with ACRCD for Phase II study
6. Exhibit B - List of Proposed Priority Areas
5.7 Resolution authorizing the execution of Project and Program Grant Agreements consistent with the city's Public Art Policy.
Recommendation:
The Commission for the Arts and staff recommend the City Council adopt a resolution approving the applications and authorizing the execution of the following Project and Program Grant Agreements:
1 .
Cheza Nami Foundation, Inc.- $10,000 for the 10th annual Taste of Africa Festival
2 .
Las Positas College Foundation- $4,000 for the
2022 Las Positas College Literary
Festival ("LPC Lit Fest")
3 .
Livermore Art Association- $4,000 for the
2022 Livermore Art Association Spring Art
Show
4 .
Livermore Valley Joint Unified School District- $6,650 for an original cast album
recording of the theater production titled "[INSERT future HERE]" 5 .
Livermore Valley Opera- $8,000 for the
Education and Community Outreach Programs
6 .
Livermore Valley Performing Arts Center- $1,250 for performances at Artwalk 2022
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Cheza Nami Foundation Inc.
3. Exhibit B - Las Positas College Foundation Agreement
4. Exhibit C - Livermore Art Association Agreement
5. Exhibit D - Livermore Valley Joint Unified School District Agreement
6. Exhibit E - Livermore Valley Opera Agreement
7. Exhibit F - Livermore Valley Performing Arts Center Agreement
5.8 Approval of "Dream Big" Mural at 150-170 North L Street.
Recommendation:
The Commission for the Arts and staff recommend the City Council approve the "Dream Big" Mural.
Livermore City Council Agenda
May
9, 2022
Staff Report
Attachments:
1. Dream Big Mural Concept
5.9 Resolution approving a Tourism and Special Event Grant application and authorizing execution of an agreement with Shakespeare's Associates, Inc. dba Shakespeare & Performing Arts Regional Company (SPARC) in the amount of $2,000.
Recommendation:
Staff recommends the City Council authorize the execution of an agreement with Shakespeare's Associates, Inc. dba Shakespeare & Performing Arts Regional Company (SPARC) for their event Shakespeare in the Vineyards, in the amount not-to-exceed $2,000.
Staff Report
Attachments:
1. Resolution No. 2021-156
2. Resolution
3. Exhibit A - Grant Agreement
6. PUBLIC HEARINGS
6.1 Hearing to consider a request for Site Plan Design Review and Vesting Tentative Tract Map to develop the northwest corner of North Canyons Parkway and Triad Place. The development consists of three-story condominium buildings with 112 total units, including 22 units affordable to median and moderate-income levels, and 12 accessible units. The applicant has submitted for a density bonus under Government Code section 65915.
Recommendation:
The Planning Commission and staff recommend the City Council:
1 .
Adopt a resolution finding that the project is exempt from CEQA under CEQA Guidelines Sections 15182 (c) and 15183; and
2 .
Adopt a resolution approving Site Plan Design Review (SPDR) 21-003 and Vesting Tentative Tract Map (VTTM) 8609 – Subdivision (SUB) 21-005, together with the requested Density Bonus incentive/concession, subject to the attached Conditions of Approval.
Staff Report
Attachments:
1. Planning Commission Report
2. Draft Planning Commission Meeting Minutes
3. Development Plans
4. Conditions of Approval
5. Preliminary Application
6. Density Bonus Incentive Request
7. Specific Plan Link
8. Specific Plan EIR Link
Livermore City Council Agenda
May
9, 2022
9. INSP Land Plan
10. Public Comment
11. Resolution - CEQA
12. Exhibit A - Planning Commission Resolution 03-22
13. Resolution - Project
14. Exhibit A - Planning Commission Resolution 04-22
15. Exhibit B - Conditions of Approval
6.2 Hearing to authorize negotiation of a Development Agreement with Isabel Portola Owner, LLC for a mixed-use project with residential, office, and neighborhood-serving commercial uses within the Isabel Neighborhood Specific Plan.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing staff to enter into negotiations on a Development Agreement (DA 22-001) with Isabel Portola Owner, LLC to secure development consistent with the Isabel Neighborhood Specific Plan, with final approval of the Development Agreement subject to City Council review.
Staff Report
Attachments:
1. Location Map
2. Resolution
6.3 Hearing to determine if the rates charged by Livermore Sanitation, Inc. for solid waste and recycling collection services, effective July 1, 2022, comply with the approved rate methodology and approval of an associated agreement for Rate Year 13.
Recommendation:
Staff recommends the City Council:
1 .
Hold a public hearing
2 .
Adopt a resolution approving rates listed in Exhibit H of the Second Amended and Restated Agreement for Solid Waste, Recyclable Materials, and Compostable Materials Services effective July 1, 2022; and
3 .
Approve an amendment describing the revenues allocated to the rate reserve fund for Rate Year 13.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Revised Exhibit H to the Franchise Agreement
3. Exhibit B - Amendment to Franchise Agreement
7. MATTERS FOR CONSIDERATION
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS
Livermore City Council Agenda
May
9, 2022
9. ADJOURNMENT
To a Special City Council Workshop on Monday, May 16, 2022 at 5:00 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 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
Livermore City Council Agenda
May
9, 2022
(
[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/85773212974
Zoom dial in phone number: 1 669 900 6833
Meeting ID: 857 7321 2974
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
.
Livermore City Council Agenda
May
9, 2022
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
May
9, 2022