Livermore City Council 5/23/2022

1. CALL TO ORDER

6.4 MATTERS FOR CONSIDERATION

2. PROCLAMATIONS AND PRESENTATIONS

3. CITIZENS FORUM

4. CONSENT CALENDAR

5. PUBLIC HEARINGS

6. MATTERS FOR CONSIDERATION

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

8. CLOSED SESSION


CITY COUNCIL

MAY 23, 2022

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REGULAR MEETING

1.

1. 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

MAYOR WOERNER REORDERED THE AGENDA TO HEAR ITEM 6.4 FIRST.

6.4

6.4 MATTERS FOR CONSIDERATION Declaration of Local Emergency and reauthorizing remote teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361.

Recommendation: Staff recommended 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.

Assistant City Manager Christine Martin presented the staff report.

Mayor Woerner opened the public comment period.

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

ON THE MOTION OF VM BONANNO, SECONDED BY CM KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS AND INTRODUCED THE FOLLOWING ORDINANCES:

Resolution 2022-077 ratified the proclamation of the Director of Emergency Services concerning the existence of a local emergency.

2.

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 recommended 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.

Beautification Committee

Karen Jefferson to an unexpired term ending June 1, 2023.

Historic Preservation Commission

Donald Smith to an unexpired term ending May 1, 2025

Rick Hanan to a regular term ending May 1, 2026.

Library Board of Trustees

Lainie Pascall to a regular term ending June 1, 2025

Mariana Guzzardo to a regular term ending June 1, 2025

Livermore Housing Authority

Marvin Evans to an unexpired term ending September 1, 2024.Gurprem Singh

Livermore Area Youth Advisory Commission (LAYAC)

Heather Mackey (Adult) to a regular term ending September 1, 2024

Randolph Pico (Youth) to a regular term ending September 1, 2024.

Samaira Grover (Youth) to a regular term ending September 1, 2024.

Guprem Singh (Adult) to a regular term ending September 1, 2024.

Mayor Woerner opened the public comment period.

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

ON THE MOTION OF CM MUNRO, SECONDED BY CM KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS AND DIRECTED THE CITY CLERK TO GIVE THE OATH OF OFFICE AT A FUTURE DATE.

3.

3. CITIZENS FORUM

Mayor Woerner opened the public comment period.

John Marchand provided a comment.

Tracy Farhad provided a comment.

Karl Wente provided a comment.

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

4.

4. CONSENT CALENDAR

Mayor Woerner opened the public comment period.

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

ON THE MOTION OF CM MUNRO, SECONDED BY CM CARLING, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

4.1 Approval of draft minutes - April 25, 2022 Regular Meeting.

Recommendation: Staff recommended the City Council approve the draft minutes.

4.2 Resolution 2022-078 authorized 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 recommended 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.

4.3 Resolution 2022-079 authorized 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 recommended 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.

4.4 Resolution 2022-080 authorized 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 recommended 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 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.

4.5 Resolution 2022-081 adopted the City of Livermore Salary Plan as of June 2022, in accordance with California Code of Regulations, Title 2, Section 570.5.

Recommendation: Staff recommended 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.

5.

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 recommended 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.

Assistant City Manager Christine Martin presented the staff report.

Mayor Woerner opened the public hearing.

Lori Souza provided a comment.

Steve Lanza provided a comment.

Alan Burnham provided a comment.

Tracy Kronzak provided a comment.

David Kent provided a comment.

Mel Chiong provided a comment.

Tracy Farhad provided a comment.

Dawn Argula provided a comment.

Karl Wente provided a comment.

Asa Strout provided a comment.

Jeremy Troupe-Masi provided a comment.

There were no more speakers and the hearing was closed.

ON THE MOTION OF CM KIICK, SECONDED BY VM BONANNO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:

Resolution 2022-082 declared that a City-owned parcel is exempt surplus land pursuant to Government Code Section 54234(a)(1).

Resolution 2022-083 authorized the execution of a Disposition and Development Agreement with Shakespeare's Associates, Inc. for the disposition of City owned property and development of a Black Box theater (APN 098-0289-24)

6.

6. MATTERS FOR CONSIDERATION

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 recommended 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.

Senior Planner Andy Ross presented the staff report.

Mayor Woerner opened the public comment period.

Jean King provided a comment.

Lori Souza provided a comment.

Kevin Baskin provided a comment.

Splend Splendoria provided a comment.

John Marchand provided a comment.

James Folta provided a comment.

Donna Cabanne provided a comment.

Dick Snyder provided a comment.

Tamera Reus provided a comment.

Tracy Farhad provided a comment.

David Epstein provided a comment.

Dawn Argula provided a comment.

Jeremy Troupe-Masi provided a comment.

David Kent provided a comment.

Connie Campbell provided a comment.

Lisa Tromovich provided a comment.

Asa Strout provided a comment.

Karl Wente provided a comment.

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

THE CITY COUNCIL EXPRESSED SUPPORT FOR THE INITIATIVE AND INSTRUCTED STAFF TO CLARIFY THE LANGUAGE, CLEAR UP ANY AMBIGUITY, AND ANSWER THE QUESTIONS RAISED BY RESIDENTS AND STAKEHOLDERS.

6.2 Discussion and direction regarding the Draft 2023-2031 Housing Element

Recommendation: Staff recommended the City Council provide feedback on the Draft 2023-2031 Housing Element.

Associate Planner Tricia Pontau presented the staff report.

Mayor Woerner opened the public comment period.

John Marchand provided a comment.

Alan Burnham provided a comment.

Greg Scott provided a comment.

David Kent provided a comment.

Asa Strout provided a comment.

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

THE CITY COUNCIL RECEIVED THE DRAFT HOUSING ELEMENT AND PROVIDED DIRECTION TO STAFF.

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 recommended 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.

Housing Programs Manager Fran Reisner presented the staff report.

Mayor Woerner opened the public comment period.

Don Hokett provided a comment.

Tracy Kronzak provided a comment.

Jim Hutchins provided a comment.

Kellieessary provided a comment.

Ruby V provided a comment.

Peg Folta provided a comment.

Katie Marcel provided a comment.

Antonio Munoz provided a comment.

Matthew Wardlaw provided a comment.

Jean King provided a comment.

Carol Sin provided a comment.

Tamara Reus provided a comment.

Sblend Splendorio provided a comment.

Lori Souza provided a comment.

Sal Parisi provided a comment.

Greg Scott provided a comment.

Margaretann Fortner provided a comment.

Steve Goodman provided a comment.

Donna Cabanne provided a comment.

Tony Hutter provided a comment.

Tara Hamm provided a comment.

Carol Silva provided a comment.

Jean Braun provided a comment.

David Kent provided a comment.

Alan Burnham provided a comment.

Susan Putnam provided a comment.

Yolanda Fintschenko provided a comment.

Beth Trutner provided a comment.

Laning Thompson provided a comment.

Martin Espinoza provided a comment.

Mony Nop provided a comment.

Carol Chargin provided a comment.

Dawn Argula provided a comment.

Lisa Tromovitch provided a comment.

Jeremy Troupe-Masi provided a comment.

Kevin McCallum provided a comment.

Helen Machuga provided a comment.

John Marchand provided a comment.

Asa Strout provided a comment.

Maryann Brent provided a comment.

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

MAYOR WOERNER CONTINUED THE MEETING AT 11:23 PM TO AN ADJOURNED REGULAR MEETING AT 3:00 PM ON MAY 24, 2022.

ITEM 6.4 WAS REORDERED TO THE BEGINNING OF THE AGENDA

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK