June 27, 2016
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Vice Mayor Stewart Gary at 7:00 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.
1.01 ROLL CALL - Present: Vice Mayor Stewart Gary and Council Members Steven Spedowfski, Laureen Turner, and Bob Woerner. Mayor John Marchand was absent/excused.
1.02 PLEDGE OF ALLEGIANCE
2. PROCLAMATIONS AND PRESENTATIONS
2.01 Presentation of the 2016 High School Senior Arts Awards.
Vice Mayor Gary and Commissioner Sally Dunlop presented the awards on behalf of the City Council and Commission for the Arts.
2.02 Presentation by Visit Tri-Valley.
Visit Tri-Valley President Barbara Steinfeld presented the update.
3. CITIZENS FORUM
John Stein, Livermore, spoke regarding a heritage rose bush and his difficulties downloading the large City Council agenda packet.
City Manager Marc Roberts said the heritage rose bush had been removed from the project site for safekeeping and would be returned upon completion of the project.
Andrew Barker, Livermore, spoke regarding allegations of a Livermore police officer's involvement with a recent Oakland Police Department scandal and the use of social media to better inform Livermore's residents.
VM Gary stated that due to confidentiality reasons as an investigation began, the Police Department did not make a press release. He noted that Chief Harris had been interviewed by ABC News regarding the matter and said there would be a complete investigation.
Bill Dunlop, Livermore, asked what time the Downtown Community Development Meeting on July 14, 2016 would begin.
Community and Economic Development Director Stephan Kiefer stated the meeting would begin at 6:30 pm.
David McGuigan, Livermore, spoke again regarding his arrest by Livermore Police.
4. CONSENT CALENDAR
Item 4.07 VM Gary spoke regarding the 2015 reclaimed water program and possible re-institution of the program for 2016.
City Attorney Jason Alcala requested the City Council address the issue during Matters Initiated.
ON THE MOTION OF CM TURNER, SECONDED BY CM WOERNER, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
4.01 Approval of Minutes - June 13, 2016 regular City Council meeting.
4.02 Resolution 2016-069 authorizing execution of an agreement with All-City Management Services, in the amount of $288,000, to provide crossing guard services at designated intersections.
4.03 Resolution 2016-070 authorizing execution of an agreement with Pacific Infrastructure Corp., in the amount of $2,183,000, for construction of the Water Reclamation Plant Rehabilitation and Process Improvements Phase 1 (Project No. 2012-13).
4.04 Resolution 2016-071 authorizing issuance of a purchase order with Baker & Taylor Books, in an amount not to exceed $200,000, for the purchase of books and other circulation materials for Fiscal Year 2016-2017.
4.05 Resolution 2016-072 authorizing execution of a low income housing agreement with Gardella Plaza Ventures, LLC., for the Gardella Plaza Townhomes located at 3134 Gardella Plaza.
4.06 Resolution 2016-073 authorizing issuance of a purchase order with Polydyne Inc., in an amount not to exceed $140,000, for the purchase of polymer used in the dewatering process at the Livermore Water Reclamation Plant.
4.07 Resolution 2016-074 repealing Stage 2 water conservation measures and enacting Stage 1 voluntary water conservation measures to achieve a ten percent reduction.
4.08 Resolution 2016-075 summarily vacating public utility easements along vacated portions of Atlantis Street and Voyager Street and authorizing execution of a quit claim deed for the vacated public utility easements.
4.09 Resolution 2016-076 approving a final tract map and authorizing execution of a subdivision improvement agreement (Tract Map 8145).
5. PUBLIC HEARINGS
5.01 Hearing to consider adoption of the Engineer's Report and confirming the annual levy of assessments for Landscape Maintenance Districts for Fiscal Year 2016-2017, and directing actions with respect thereto.
Recommendation: Staff recommended the City Council adopt a resolution adopting the Engineer's Report for the City's Landscape Maintenance Districts for Fiscal Year 2016-2017 and confirm the annual levy of assessments.
Management Analyst Anthony Smith presented the staff report.
Vice Mayor Gary opened the public hearing.
There were no speakers and the hearing was closed.
ON THE MOTION OF CM TURNER, SECONDED BY CM WOERNER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2016-077 adopting an Engineer's Report and confirming the annual levy of assessments for Landscape Maintenance Districts for FY 2016-17, and directing actions with respect thereto.
5.02 Hearing to consider a request to approve a Vesting Tentative Tract Map to subdivide an approximately 5.2-acre site for development of 49 two-story, single-family homes, and adoption of a Planned Development-Residential zoning district to establish standards necessary to enable the development. The project proposal includes a General Plan Amendment to change the land use designation from Urban Medium Residential (UM) and Service Commercial (SC), to Urban High 2 residential designation with a density range of 8 to 14 dwellings per acre. The project will include demolition of three existing on-site residences and 15 accessory buildings. The development also will involve extension of utilities to the site and improvement of adjacent roadways. The proposed Development Agreement will secure off-site public amenities, including improvements to the Arroyo Las Positas Trail, landscape enhancements along Sunflower Court, and funding for improvements to Bill Clark Park. A General Plan Consistency Determination is requested for the proposed vacation of City land and right-of-way and acquisition of same by Signature Homes.
Location: Central Avenue, approximately 160 feet south of Flora Common on property bounded on the west by Central Avenue, on the east by Northfront Road, on the north by the Magnolia Place neighborhood, and on the south by 5888 Northfront Road.
Site Area: 5.2± acres
Applicant: Signature Homes
Application Numbers: General Plan Amendment (GPA) 15-004; Vesting Tentative Tract Map (VTTM 8277 (SUB15-004); Planned Development - Residential (PD-R) 15-001; Site Plan Design Review (SPDR) 15-014; Development Agreement (DA) 15-002; Certificate of Appropriateness 16-001; and General Plan Consistency Determination 16-001
Public improvements: Extension of utilities, including sewer, water, storm drainage, landscaping, lighting, streets, sidewalk, curb, and gutter; completion of road widening along the project frontages; extension of public sidewalks; and street frontage landscaping.
Zoning: Suburban Residential (RS) and Commercial Service (CS)
General Plan: Urban Medium Residential (UM, 3 to 4.5 units per acre) and Service Commercial (SC)
Historic Status: None
CEQA: A Mitigated Negative Declaration (MND) under the provisions of the California Environmental Quality Act (CEQA) will be considered.
Recommendation: The Planning Commission and staff recommended the City Council:
a. Adopt a resolution adopting a Mitigated Negative Declaration and certifying the environmental document to subdivide land and construct 49 single-family homes adjacent to Central Avenue;
b. Adopt a resolution approving General Plan Amendment (GPA) 15-004;
c. Introduce an ordinance establishing development standards for Planned Development - Residential District 15-001 and amending the Zoning District Map of the City of Livermore and approving a development agreement between the City of Livermore and Signature Homes to subdivide land and construct 49 single-family homes adjacent to Central Avenue;
d. Adopt a resolution approving Vesting Tentative Tract Map (VTTM 8277) (Subdivision 15-004), Site Plan Design Review (SPDR) 15-014; Certificate of Appropriateness 16-001; and the summary vacation of a portion of the public right-of-way on Northfront Road adjacent to the project.
Senior Planner Benjamin Murray presented the staff report.
Vice Mayor Gary opened the public hearing.
John Stein, Livermore, spoke regarding density, small lots, set-backs, lack of greenery, and the need for a better design and open space; and said the development should be more compatible with surrounding developments in the area.
Andrew Barker, Livermore, spoke regarding the housing affordability crisis in Livermore and said the high fees charged to developers were ultimately passed on to the homebuyer. He supported approval of the project.
Connie Kopps, Livermore, said she didn't like building in that area being so close to the Springtown area and said density in that area should be addressed.
There were no more speakers and the hearing was closed.
In response to questions by VM Gary, Mr. Murray said it was typical for a small lot, single family development to have higher floor-area ratios and smaller set-backs and yards than traditional developments. He said the project went through design review before the Planning Commission; there were a number of design comments that were reflected in the conditions of approval. He said the project was located approximately one mile west of the Springtown Golf Course.
In response to questions by CM Woerner, Mr. Murray said the project was similar to The Vines, Magnolia Place, and The Reserve projects. He added that the project would have a homeowner's association to maintain the internal landscape.
In response to questions by CM Spedowfski, Mr. Murray said Signature Homes had hosted two neighborhood meetings prior to the project going before the Planning Commission. Signature Homes responded to comments by replacing duplex units with single family detached homes, and had shifted the open space towards Central Avenue for greater community benefit. He said there were no speakers at the Planning Commission public hearing and remaining funds were an estimate of specific improvements to the tot lot at the park.
CM Spedowfski said the project would be an improvement to the site.
In response to questions by CM Turner, Mr. Murray said the shortest driveway in the project was four feet and the narrowest set-back between houses was six feet.
CM Woerner requested there be adequate landscaping to minimize the visual effect of the sound wall and discourage graffiti.
VM Gary spoke in support of the project. He said the City was trying to balance economic constraints, including the cost of land and permits, to the cost of housing. He said there would be tradeoffs as the City did infill projects. He said the project became better through the process of public and Planning Commission input and the project would be an improvement to the area. He said the project would bring about a different housing product type that the City was trying to diversify.
IT WAS MOVED BY CM SPEDOWFSKI AND SECONDED BY CM WOERNER TO APPROVE STAFF RECOMMENDATION AND TO AMEND THE CONDITIONS OF APPROVAL TO INCLUDE THE APPLICANT SHALL MODIFY THE LANDSCAPE PLAN TO HIDE THE SOUND WALLS WITH LANDSCAPE TO THE MAXIMUM EXTENT PRACTICAL.
CM Turner said the project would be good for the community; however, she could not support a project where it was impossible to park in your driveway and said it was a disservice to the neighborhood. She didn't want a neighborhood where cars were all parked on the street.
In response to questions by CM Woerner and CM Turner, Mr. Murray said the project had a very shallow apron off of the driveways that provided access into the garages. He said staff had not received any complaints from the Shea project.
In response to questions by CM Spedowfski, Mr. Murray said there were dedicated on-street parking spaces in addition to garage parking. He said there would be approximately three parking spaces for each home that included parking on-street and on the frontage of the project.
VM GARY CALLED FOR THE VOTE.
ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY CM WOERNER AND CARRIED ON A 3-1 VOTE (CM TURNER VOTING NO), THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS AND INTRODUCED THE FOLLOWING ORDINANCE WITH THE AMENDMENT TO THE CONDITIONS OF APPROVAL TO INCLUDE "THE APPLICANT SHALL MODIFY THE LANDSCAPE PLAN TO HIDE THE SOUND WALLS WITH LANDSCAPE TO THE MAXIMUM EXTENT PRACTICAL" IN THE CONDITIONS OF APPROVAL.
Resolution 2016-078 adopting a Mitigated Negative Declaration and certifying the environmental document to subdivide land and construct 49 single-family homes adjacent to Central Avenue. General Plan Amendment (GPA) 15-004; Vesting Tentative Tract Map (VTTM 8277 (SUB15-004); General Plan Consistency Determination 16-001; Planned Development - Residential (PD-R) 15-001; Site Plan Design Review (SPDR) 15-014; Development Agreement (DA) 15-002; and Certificate of Appropriateness 16-001.
Resolution 2016-079 approving General Plan Amendment GPA 15-004).
Ordinance introduced establishing development standards for Planned Development - Residential (PD-R) District 15-001 and amending the Zoning District Map of the City of Livermore and approving a Development Agreement (15-002) between the City of Livermore and Signature Homes to subdivide land and construct 49 single-family homes adjacent to Central Avenue.
Resolution 2016-080 approving Vesting Tentative Tract Map (VTTM 8277 (SUB15-004); Site Plan Design Review (SPDR) 15-014; Certificate of Appropriateness 16-001; and the summary vacation of a portion of the public right-of-way on Northfront Road adjacent to the project.
VM GARY REORDERED THE AGENDA TO HEAR ITEMS 6.02 AND 7.01 PRIOR TO ITEMS 6.01 AND 6.03.
6. MATTERS FOR CONSIDERATION
6.02 Discussion and direction regarding the Asset Management Program for pavement.
Recommendation: Staff recommended the City Council direct staff to utilize a risk-based prioritization approach for pavement management in the development of the Asset Management Program.
City Engineer Cheri Sheets presented the staff report.
THE CITY COUNCIL DIRECTED STAFF TO:
1. Proceed with incorporating a risk based prioritization approach for pavement management.
2. Consider the costs and consequences of incorporating a minimum PCI for residential/local streets.
3. Include in future reports not just the average PCI of the entire network but rather the actual distribution of PCI in each category of roadway segment.
4. Review the modality rating (bikes in particular) reflect the higher consequence of failure if a bike hits a pothole or encounters degraded pavement.
7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS
7.01 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members.
Wheels CM Spedowfski said on June 27, 2016 he attended the Projects and Services committee meeting. He reported that two Livermore schools had been selected for a Measure BB pilot program for student transit.
Recycled Water Program The City Council directed staff to prepare a future agenda item regarding the recycled water program.
League of California Cities (LOCC) CM Turner said on June 22-23, 2016 she attended the executive forum, saying medicinal marijuana had been a hot topic of discussion.
Mayor's State of the City Address CM Turner said on June 23, 2016 she attended the presentation.
Relay For Life CM Turner said on June 25, 2016 she represented the City at the Livermore Relay for Life at Livermore High School.
Responding to comments made during Citizens Forum, the City Council indicated that they were not experiencing difficulty downloading electronic meeting materials. City Clerk Susan Neer said the City was evaluating a new agenda management system that would help address any issues.
Mayor's State of the City Address VM Gary said on June 23, 2016 he attended the presentation. He suggested posting the video recording on the City's website.
Livermore Downtown Inc. VM Gary said he attended the monthly meeting where there was discussion regarding the Fourth of July fireworks celebration.
Assistant City Manager Jenny Haruyama City Manager Marc Roberts expressed appreciation to Ms. Haruyama for her service at the City of Livermore and wished her well as City Manager for the City of Scotts Valley.
AT 8:37 PM CM WOERNER RECUSED HIMSELF FROM ITEMS 6.01 AND 6.03 AND LEFT THE MEETING.
6.01 Discussion and direction regarding the First Street Land Study.
Recommendation: Staff recommended the City Council provide direction to staff to initiate a General Plan Amendment to transition the central portion of the First Street Corridor Land Use Study Area from service commercial to residential.
Senior Planner Christine Rodrigues presented the staff report.
Vice Mayor Gary invited public comment.
Andrew Barker, Livermore, spoke in support of changing the land use to residential. He said First Street should be narrowed in this area and pedestrian improvements should be added.
John Stein, Livermore, said there were no parks or school access for children close to the parcel and the financial analysis understated the cost to the City. He said residential wasn't compatible with the site and did not support dual use.
Guy Houston, Valley Oak Partners, spoke regarding the study and community outreach for the project. He said the recommended action for a partial general plan amendment would best address the objectives of the community and the study area of the stakeholders in addition to benefitting the downtown.
Connie Kopps, Livermore, said Livermore's infrastructure was too old to handle new development, existing neighborhoods didn't want high density housing, and the entire population needed to be considered.
In response to questions by CM Spedowfski, Community and Economic Development Director Stephan Kiefer said the general plan amendment could return to the City Council in Fall 2016. As this was an active application, entitlement for the project could occur between late 2016 and early 2017.
CM Spedowfski said he supported approval of this item.
CM Turner spoke regarding her concerns for improved safety on First Street and especially the intersection at Portola. She requested bike lanes on both sides of First Street. She supported fast-tracking the application as it had been submitted in 2013.
VM Gary said this was the right overlay or dual zone to consider for the site. He said within Livermore's infill housing standards, converting all or part would be better social use for quality of life in Livermore. He spoke regarding safe pedestrian and bicycle access over the railroad overpass for access to the downtown and traffic safety. He questioned the dual land use designation over the auto businesses. He spoke regarding the urban growth boundary and the development of land within the limits.
ON THE MOTION OF VM GARY, SECONDED BY CM SPEDOWFSKI AND CARRIED ON A 3-0 VOTE, THE CITY COUNCIL DIRECTED STAFF TO PROCEED WITH THE RECOMMENDED ACTION.
6.03 Discussion and direction regarding the Community Council Energy Joint Powers Authority.
Recommendation: Staff recommended the City Council provide direction.
City Attorney Jason Alcala presented the staff report. He requested the City Council direct staff to incorporate any changes at this time; the Joint Powers Authority (JPA) agreement would return for final Council approval in October at which time no further amendments could be made.
CM Spedowfski described the process of the JPA's development. He requested that clarification be made as to who could withdraw from the JPA. He said he supported the City joining the JPA.
CM Turner said she was in favor of joining the JPA.
VM Gary said the deal was very complicated. He requested more information including the City's obligations and what the exit strategy would be. He referred to the JPA and expressed concerns regarding the stated policy for the cause of removal of directors (4.2.2) and the policy for the Executive Committee (4.6).
THE CITY COUNCIL DIRECTED STAFF TO PROVIDE ADDITIONAL INFORMATION PERTAINING TO THE JOINT POWERS AUTHORITY.
8. ADJOURNMENT - at 9:22 pm to a regular City Council meeting on Monday, July 11, 2016 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.
JOHN P. MARCHAND, MAYOR
SUSAN NEER, CITY CLERK
The above are brief summary minutes of the June 27, 2016 City Council meeting. A complete recording of the meeting is available at the City Clerk's Office and at the following web site: www.cityoflivermore.net/citygov/clerk/archive/default.htm