CITY COUNCIL
REVISED AGENDA
AGENDA
MONDAY, MAY 23, 2022
*Due to a Declaration of Local Emergency this meeting will be held VIRTUALLY ONLY. *Item 2.1 has been revised and Item 6.4 has been added to the agenda.
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/82412447966
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 824 1244 7966
TELECONFERENCE LOCATION:
Notice is hereby given that Council Member Kiick will be participating in the meeting via teleconference at 1052 S. Livermore Avenue.
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 23, 2022
1. CALL TO ORDER
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
2. PROCLAMATIONS AND PRESENTATIONS
2.1 Confirmation of Advisory Body Appointments to the Beautification Committee, Historic Preservation Commission, Library Board of Trustees, Livermore Housing Authority, and the Livermore Area Youth Advisory Commission.
Recommendation:
The City Council Subcommittee on Advisory Bodies recommends the City Council confirm the advisory body appointments for the Beautification Committee, Historic Preservation Commission, Library Board of Trustees, Livermore Housing Authority, and the Livermore Area Youth Advisory Commission and direct the City Clerk to schedule individual meetings with all new members to administer the oath of office.
Staff Report
3. 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 or *9 if calling in.
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.
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 submit a speaker card if in person or use the 'raise hand' feature if participating using Zoom.
4.1 Approval of draft minutes - April 25, 2022 Regular Meeting.
Recommendation:
Staff recommends the City Council approve the draft minutes.
Livermore City Council Agenda May 23, 2022
Staff Report
Attachments:
1. 2022-04-25 Draft Minutes
4.2 Resolution authorizing the City Manager to execute a First Amendment to the On-Call Engineering Services Agreement with Ruggeri-Jensen-Azar, increasing the contract not- to-exceed amount to $1,200,000 and extending the term of the Agreement for one year.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a First Amendment to the Engineering Services Agreement with Ruggeri-Jensen-Azar for on-call engineering services. The First Amendment extends the term of the agreement until December 31, 2023, and increases the not-to-exceed contract maximum from $600,000 to a total not-to-exceed of $1,200,000.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - First Amendment to Engineering Services Agreement
4.3 Resolution authorizing a Third Amendment to the Agreement for the Development of the Rodeo Grounds and Sunken Garden Area as a Civic Center and Parks and Recreation Area with the Livermore Stockmen’s Rodeo Association.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute the Third Amendment to the Agreement for the Development of the Rodeo Grounds and Sunken Garden Area as a Civic Center and Parks and Recreation Area with the Livermore Stockmen’s Rodeo Association.
Staff Report
Attachments:
1. Downtown Plan
2. Resolution
3. Exhibit A- Third Amendment - Rodeo Grounds and Sunken Garden Area
4.4 Resolution authorizing an appropriation of $2,400,000 of City Affordable Housing Trust Funds for the acquisition, predevelopment, feasibility, and redevelopment of the property located at 2346 Walnut Street for use as a substance abuse disorder and medication treatment facility and execution of funding agreements and related documents between the City of Livermore the Housing Consortium of the East Bay (HCEB).
Recommendation:
Staff recommends the City Council adopt a resolution:
1. Appropriating up to $2,400,000 of City Affordable Housing Trust Funds to Housing Consortium of the East Bay (HCEB) for acquisition expenses, predevelopment costs and feasibility analysis associated with the purchase and redevelopment of the property Livermore City Council Agenda May 23, 2022
located at 2346 Walnut Street.
2. Authorizing the City Manager, or their designee, to execute the Bridge Loan Agreement and all other related documents authorized and described in that agreement.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - 2346 Walnut Loan Agreement
4.5 Resolution adopting the City of Livermore Salary Plan as of June 2022, in accordance with California Code of Regulations, Title 2, Section 570.5.
Recommendation:
Staff recommends the City Council adopt a resolution approving the City of Livermore Salary Plan as of June 2022, in accordance with California Code of Regulations, Title 2, Section 570.5.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Salary Plan
5. PUBLIC HEARINGS
5.1 Hearing to authorize a Disposition and Development Agreement (DDA) with Shakespeare’s Associates, Inc., including sale of City property for development of a Black Box theater, and authorizing the City Manager to execute the DDA and all related documents necessary to implement the DDA.
Recommendation:
Staff recommends the City Council adopt resolutions and direct the following:
1. Declaring that Parcel A of Parcel Map 11239 is exempt from the Surplus Land Act as defined in Government Code Section 54234(a)(1); and
2. Finding that the Disposition and Development Agreement (DDA) with Shakespeare's Associates Inc., attached hereto as Exhibit A, is within the scope of the 2004 Downtown Specific Plan Environmental Impact Report and the 2009 Downtown Specific Plan Subsequent Environmental Impact Report and the addendums 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, and authorizing the City Manager to execute the DDA and all documents necessary to implement the DDA.
Staff Report
Attachments:
1. Resolution - Surplus Land
2. Resolution - CEQA and Agreement
2. Exhibit A - Disposition and Development Agreement
6. MATTERS FOR CONSIDERATION
Livermore City Council Agenda May 23, 2022
6.1 Discussion and direction regarding Tri-Valley Conservancy's request for the City of Livermore to sponsor a ballot initiative to protect water quality and agriculture in the South Livermore Valley
Recommendation:
Staff recommends the City Council discuss and direct staff to prepare final language for a ballot initiative to protect water quality and agriculture in the South Livermore Valley.
Staff Report
Attachments:
1. Draft Initiative
6.2 Discussion and direction regarding the Draft 2023-2031 Housing Element
Recommendation:
Staff recommends the City Council provide feedback on the Draft 2023-2031 Housing Element.
Staff Report
Attachments:
1. Draft Livermore 2023-2031 Housing Element - May 2022
6.3 Resolution authorizing execution of an Amended and Restated Disposition, Development and Loan Agreement ("DDLA") with Eden Housing, Inc. for development of the Downtown Multi-family Housing Site, and authorizing the City Manager to execute the documents, agreements and specific authorities described in the DDLA.
Recommendation:
Staff recommends City Council adopt resolutions:
1. Declaring that Parcel 1 of Tract Map 8574 (APN 098- 0289-22) is exempt from the Surplus Land Act as defined in Government Code Section54234(a)(1);
2. Finding the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc. for Development of the Downtown Multi-family Housing Site (a portion of APN 098-0289-022-0) is within the scope of the Specific Plan EIR, dated February 9, 2004 (SCH No.: 2003032038), the Specific Plan Subsequent EIR, dated March 30, 2009 (SCH No.: 2008092085), and the Specific Plan Subsequent EIR Addenda 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; and
3. Authorizing the City Manager to execute the Amended and Restated Disposition, Development and Loan Agreement, and granting the authority to execute the final documents and agreements referenced in the DDLA, as well as the specific delegations of authority set forth in the DDLA.
Staff Report
Attachments:
1. Resolution - Surplus Land
2. Resolution - CEQA and Agreement
3. Exhibit A - Amended and Restated Disposition, Development, and Loan Agreement Livermore City Council Agenda May 23, 2022
6.4 Declaration of Local Emergency and reauthorizing remote teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361
Recommendation:
Staff recommends the City Council adopt a resolution ratifying the City Manager's Proclamation finding the existence of a Local Emergency and reauthorizing remote teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361.
Staff Report
Attachments:
Resolution
Exhibit A to the Resolution
7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS
8. CLOSED SESSION
Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
8.1 Conference with Legal Counsel - Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated. (One case)
D.L. Falk Construction Inc. v. City of Livermore, Alameda County Superior Court Case No. RG20079788
8.2 Conference with Labor Negotiator, Conference Joint Powers Agency Confidential Information.
To meet with Senior Human Resources Analyst Kristen Hilton and Art Hartinger, the City’s and the Livermore-Pleasanton Fire Department's negotiators, pursuant to Government Code sections 54957.6 and 54956.96, regarding the Livermore-Pleasanton Fire Department Joint Powers Authority’s negotiations, as well as the impasse and factfinding hearing, with The International Association of Firefighters, Local 1974, AFL-CIO-CLC.
REPORT OF ACTION TAKEN IN CLOSED SESSION
9. ADJOURNMENT
To a Regular City Council meeting on Monday, June 13, 2022 at 7:00 pm, held virtually using Zoom.
10. 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 Livermore City Council Agenda May 23, 2022
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 ([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.
Livermore City Council Agenda May 23, 2022
TV29: tv29live.org
YouTube: http://youtube.com/c/CityofLivermoreCalifornia
Zoom Webinar: https://us02web.zoom.us/j/82412447966
Zoom dial in phone number: 1 669 900 6833
Meeting ID: 824 1244 7966
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 May 23, 2022