Livermore City Council 1/10/2022

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

4. CITIZENS FORUM

5. CONSENT CALENDAR

6. PUBLIC HEARINGS

7. MATTERS FOR CONSIDERATION

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY THE CITY MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS

9. ADJOURNMENT


CITY COUNCIL

JANUARY 10, 2022

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REGULAR MEETING

2.

2. CALL TO ORDER - The meeting of the City Council was called to order by Mayor Bob Woerner at 7:00 pm, held via teleconference using Zoom 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.

3. PROCLAMATIONS AND PRESENTATIONS - NONE

4.

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.

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 MUNRO, SECONDED BY VM BONANNO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

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 enforcement technology update package in an amount not-to-exceed $1,747,850.

Recommendation: Staff recommended 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 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, advisory, and consulting services in an amount not-to-exceed $170,000.

Recommendation: Staff recommended 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.

5.4 Resolution 2022-003 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 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 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, 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.

5.5 Resolution 2022-004 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 recommended 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.

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:

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.

5.7 Resolution 2022-006 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 recommended 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.

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 recommended 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 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.

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.

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 includes a site acquisition loan in the amount of $1,923,750 for the acquisition of 2080 Railroad Avenue, 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 directed to the site acquisition loan described in the DDLA (APNs 098-0407-031-00, 098-0407-033-00, 098-0282-009-00).

THE CITY COUNCIL RECESSED AT 8:56 PM AND RECONVENED AT 9:10M.

7.

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 was given at the meeting.

Director of Emergency Services Marc Roberts presented the staff report.

Mayor Woerner opened the public comment period.

There were no speakers and the public comment period was closed.

THE CITY COUNCIL RECEIVED THE REPORT AND PROVIDED DIRECTION TO STAFF TO INVESTIGATE ACTIVE COVID-19 VACCINATION INCENTIVE PROGRAMS SPONSORED BY ALAMEDA COUNTY AND ADVERTISE, IF AVAILABLE, ON THE CITY WEBSITE AND THAT AN UPDATE 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 recommended 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 APPOINTED HIMSELF 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 Livermore's preferred approach regarding the Livermore Amador Valley Transit Authority's draft Zero Emission Bus Fleet Transition Study.

Recommendation: Staff recommended 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.

City Engineer Bob Vinn presented 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.

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.

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY THE CITY MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS

THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF RECENTLY ATTENDED EVENTS AND MEETINGS IN ADDITION TO THE INFORMATION PROVIDED IN THE SUPPLEMENTAL PACKET.

CITY COUNCIL PROVIDED DIRECTION TO STAFF TO DRAFT A LETTER OF SUPPORT FOR ADDITIONAL FUNDING FROM THE STATE FOR LOCAL AGENCIES TO PROVIDE THEIR EMPLOYEES COVID-19 RELIEF SICK TIME.

9.

9. ADJOURNMENT - at 11:10 pm in memory of Dr. John 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