PLEDGE OF ALLEGIANCE

CITIZENS FORUM

CONSENT CALENDAR

PUBLIC HEARINGS

MATTERS FOR CONSIDERATION

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF AND COUNCILMEMBERS

ADJOURNMENT

July 13, 2015

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SPECIAL MEETING

CALL TO ORDER - The special meeting of the City Council was called to order by Mayor John Marchand at 6:04 pm, in the Multi-Service Center, 3311 Pacific Avenue, Livermore, California.

ROLL CALL - Present: Mayor John Marchand, Vice Mayor Laureen Turner, and Council Member Stewart Gary. Council Member Steven Spedowfski was absent/excused. Council Member Woerner was absent.

City Attorney Jason Alcala reported that CM Spedowfski had already met the ethics training requirements in 2015.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING CLOSED SESSION ITEMS

1. City Council Training Session - AB 1234 Ethics in Public Service (Part I)

City Attorney Jason Alcala presented the training session.

ADJOURNMENT - 6:51 pm to the July 13, 2015, regular City Council meeting, 7:00 pm, 3575 Pacific Avenue, Livermore, California.

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REGULAR MEETING

1. CALL TO ORDER

PLEDGE OF ALLEGIANCE- The meeting of the City Council was called to order by Mayor John Marchand at 7:05 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

1.01 ROLL CALL - Present: Mayor John Marchand, Vice Mayor Laureen Turner, and Council Members Stewart Gary, Steven Spedowfski, and Bob Woerner.

1.02 PLEDGE OF ALLEGIANCE

2. PROCLAMATIONS AND PRESENTATIONS - None.

3. CITIZENS FORUM CITIZENS FORUM Dave Williams, Livermore, questioned the total cost incurred by the City for the regional theater.

Michael Ferrucci, Livermore, expressed appreciation for the assistance and consideration received pertaining to the fence on his property.

Richard Ryon, Livermore, spoke regarding the upcoming request for proposals process for the downtown.

Michael Tree, Executive Director, Livermore Amador Valley Transportation Authority (Wheels), spoke regarding the evaluation of current services and planning for future public transportation improvements. He encouraged public input via the website at www.wheelsforward.com.

Pat Ferguson, Livermore, spoke regarding special interest groups and the cost of the regional theater and little theater.

In response to questions by Mayor Marchand, City Manager Marc Roberts said at the July 27, 2015, City Council meeting, there would be a staff report on a policy for the Host Community Impact Fees that would identify the funding for the theater. In response to questions pertaining to the loans, Mr. Roberts said the loan from Alameda County had been repaid; the loan from the City was scheduled to be repaid in January 2016 from the proceeds of the lawsuit with the balance due later that year.

Peter Quinn, Livermore, representing the South Livermore Owners Association, spoke regarding a billing issue with Livermore Sanitation.

Doris Ryon, Livermore, spoke regarding the upcoming request for proposals process for the downtown and the need for ADA parking at the Bankhead Theater.

Diana Carey, Livermore, read a letter from Linda Ryan in support of visual arts in the Cultural Arts District.

Don Meeker, Livermore, spoke regarding retired City of Livermore employee Leslie Wright who passed away in 1949.

Mary Jane Ward, said she did not support a hotel in the downtown and there should be community input.

In response to questions by Mayor Marchand, Community and Economic Development Director Stephan Kiefer said the request for proposals was mostly a request for qualifications from candidates that were interested in proposing a plan for the downtown. He said the proposals would be reviewed by the Council and there would be several community workshops to obtain input on the proposed development of the downtown.

Mayor Marchand said the Council could reject any or all of the proposals.

Helen Nelson, Livermore, Save the Hill, spoke against the proposed development project at Garaventa Hills.

Karen Crossley, Livermore, Save the Hill, spoke against the proposed development project at Garaventa Hills.

Cindy Angers, Livermore, Save the Hill, spoke against the proposed development project at Garaventa Hills.

John Stein, Livermore, spoke regarding BART to Livermore.

Mayor Marchand said there would be several community workshops regarding BART to the Isabel station.

In response to questions by Mayor Marchand, Community and Economic Development Director Stephan Kiefer said there were several plans and options being developed that would be vetted through a series of community workshops.

Robert S. Allen, Livermore, spoke regarding parking at the Livermore BART station.

Marilyn Barbao, Livermore, said the downtown did not need a luxury hotel, but did need another parking structure.

In response to questions by Mayor Marchand, Mr. Kiefer said the request for proposal included a parking structure.

Dennis Kai, Livermore, Save the Hill, read a letter from his daughter opposing the proposed development project at Garaventa Hills.

4. CONSENT CALENDAR CONSENT CALENDAR ON THE MOTION OF CM GARY, SECONDED BY VM TURNER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

4.01 Approval of minutes - June 22, 2015, regular City Council meeting.

4.02 Adoption of Ordinance 2026 adding Chapter 15.36, Small Residential Rooftop Solar System Expedited Permitting, to the Municipal Code relating to expedited permitting procedures for small residential rooftop solar systems.

4.03 Adoption of Ordinance 2027 establishing the zoning standards for Planned Development - Commercial 14-002 (Development Code Amendment 14-003).

4.04 Resolution 2015-090 establishing the annual affordable for-sale prices, rental rates, and maximum income limits for 2015.

4.05 Resolution 2015-091 authorizing execution of the Subdivision Improvement Agreement, approving Tract 7724 Final Map for recording, and accepting Tract Map 7724, Artero; rejecting public utility easements and emergency vehicle access easement, reserving the right to accept the offer at a future date.

4.06 Resolution 2015-092 accepting for permanent maintenance and releasing of security for the Water Reclamation Plant Aeration Basin No. 1 Improvements, Project No. 2011-11.

4.07 Resolution 2015-093 accepting all real property offered by the State of California Department of Transportation with conveyance of State Parcel DD-033925-01-01, as Record Document Number 2015102339 for roadway purposes as part of the Kitty Hawk Road right of way (Isabel/I-580 Interchange Project No. 1992-38); and Resolution 2015-094 authorizing execution of the first amendment to the Property Exchange Agreement with San Francisco Bay Area Rapid Transit District (BART).

4.08 Resolution 2015-095 authorizing expenditure of general funds for Tri-Valley Community Television operating expenses for Fiscal Year 2015-2016, in the amount of $149,443.

5. PUBLIC HEARINGS PUBLIC HEARINGS 5.01 Hearing to consider a request for a General Plan Amendment to change the land use designation from Office Commercial and Open Space to Urban Medium Residential; Zoning Map Amendment to change the zoning district from Commercial Office and Education and Institution to Low Density Residential; a Vesting Tentative Tract Map to subdivide the property for the development of 42 detached single-family residences and a 19,600+/- square foot office building; and a Development Agreement for proposed off-site improvements. The proposed development would replace the existing office buildings and adjacent open space on the site. Approximately 1.99 acres will retain the Office Commercial General Plan designation and Commercial Office zoning classification. An Addendum to the Certified Environmental Impact Report for the Sunset Crossing/Catalina Crossing project will be considered.

Location: 1202 to 1440 Concannon Boulevard and 1510 to 1916 Holmes Street (northeast corner of Holmes Street and Concannon Boulevard)

Applicant: Sunset Development Company On-site and off-site public improvements: Street improvements include new public streets, sidewalks, and utilities on site; modifications to the median on Holmes Street; addition of bike lanes on Holmes Street; traffic signal improvements at the intersection of Holmes Street and Catalina Drive and the intersection of Concannon Boulevard and Evans Street; new sound walls, landscaping, and public utility connections in the Holmes Street and Concannon Boulevard rights-of-way.

Site Area: 13.46 acres Zoning: Commercial Office and Education and Institution General Plan: Office Commercial and Open Space Historic Status: None CEQA: An Addendum to the previously-certified Sunset Crossing/Catalina Crossing Environmental Impact Report (State Clearinghouse Number 2013102031) has been prepared under the provisions of the California Environmental Quality Act

Application Numbers: General Plan Amendment 13-005, Zoning Map Amendment 13-002, Vesting Tentative Tract Map 8144 (SUB13-005), Site Plan Design Review 13-014, and Development Agreement 14-001

Recommendation: The Planning Commission and staff recommended the City Council:

a) Adopt a resolution adopting the Addendum to the Environmental Impact Report for the Sunset Crossing Project and certifying the environmental document;

b) Adopt a resolution approving General Plan Amendment 13-005, as proposed;

c) Adopt a resolution approving Vesting Tentative Tract Map 8144 (Subdivision 13-005) and Site Plan Design Review 13-014, subject to conditions; andv

d) Introduce an ordinance approving Zoning Map Amendment 13-002 and Development Agreement 14-001 for Sunset Crossing Project

Senior Planner Scott Lee presented the staff report.

Chris Truebridge, Project Manager, Sunset Development, presented the overview of the project. Alex Mehran, Chairman of Sunset Development Company, presented a recap of the two and a half year process of the project.

In response to questions by Mayor Marchand, Mr. Lee said the Orchid Ranch project did not pay the affordable housing fee because of units on site and the Transferable Development Credits In-Lieu fee was comparable or the same on a per unit basis.

Mayor Marchand opened the public hearing. Due to the high number of speaker cards submitted, Mayor Marchand requested comments be limited to two minutes per speaker.

Christine Turi, Livermore, spoke in opposition to the proposed project.

Amy Montgomery, Livermore, spoke in opposition to the proposed project.

Mayor Marchand said that many of the projects being developed today were entitled over ten years ago before the drought so they were being allowed to build. He provided an overview of the current water situation and stressed the importance of watering trees.

Randy Kamm, Livermore, spoke in opposition to the proposed project.

Peter Quinn, Livermore, spoke in opposition to the proposed project.

Eric DiStefano, Livermore, spoke in opposition to the proposed project.

Leah Dreger, Livermore, spoke in opposition to the proposed project.

Dale Kaye, Livermore Valley Chamber of Commerce, spoke in support of Sunset Development and the project. She read a letter from Sblend Sblendorio, Chair, Innovation Tri-Valley Housing, Infrastructure and Transportation Committee, in support of Sunset Development and the proposed project.

Scott Roylance, Livermore, spoke in support of the proposed project.

Jeanie Haigh, Livermore, spoke in support of the proposed project.

Daniel Slavec, Livermore, spoke in support of the proposed project.

Mark Triska, Livermore, spoke in support of the proposed project.

John Stein, Livermore, spoke in opposition to the proposed project.

Aaron Latkin, Livermore, spoke in opposition to the proposed project.

Debbie Carey, Livermore, spoke in opposition to the proposed project.

Doug Mann, Citizens for Balanced Growth, spoke in opposition to the proposed project.

Jan Brovont, Livermore, spoke in opposition to the proposed project.

David Williams, Livermore, spoke in opposition to the proposed project.

Richard Ryon, Livermore, spoke in opposition to the proposed project.

Mayor Marchand declared a short recess.

All Council Members were in attendance when the meeting reconvened.

Pat Ferguson, Livermore, spoke in opposition to the proposed project.

Pamela Latham, Livermore, spoke in opposition to the proposed project.

Teresa Miller, Livermore, spoke in opposition to the proposed project.

Francis Valente, Livermore, spoke in opposition to the proposed project.

Jack Luedemann, Livermore, spoke in support of the proposed project.

Joan Mumma, Livermore, spoke in opposition to the proposed project.

Phil Biggs, Livermore, spoke in opposition to the proposed project.

Catherine Myers, Livermore, spoke in opposition to the proposed project.

Susan Brown, Livermore, spoke in opposition to the proposed project.

Rosemary Bartsch, Livermore, spoke in opposition to the proposed project.

Judith Sheehan, Livermore, spoke in opposition to the proposed project.

Dave Butterfield, Livermore, spoke in opposition to the proposed project.

Craig Bueno, Livermore, spoke in opposition to the proposed project.

There were no more speakers and the hearing was closed.

Mayor Marchand said he made his decisions based on good planning and what was best for the community and not by threats made about not getting votes at the next election.

In response to questions by CM Gary, Senior Planner Scott Lee said the office/commercial zoning did allow for some commercial uses other than office as conditional uses. He said the types of commercial uses would be very limited. He added that a restaurant could be permitted as a conditional use.

In response to questions by CM Spedowfski, City Engineer Cheri Sheets said installing a signal at Concannon and Evans would allow for coordination of the signals to improve traffic flow in addition to improved pedestrian safety.

In response to questions by VM Turner, the applicant said no proposals to purchase the property had been received.

Mayor Marchand said the first discussion he had with Sunset Development was about two years ago. At that time, he told the proponent that they needed to get community buy-in. He appreciated the tremendous effort made by Sunset in working with the community and trying to craft something that would work and the assistance provided to the tenants. He said he represented the residents of Livermore and the message was loud and clear that this project was not wanted by the community. Therefore, he would not support the General Plan Amendment. VM Turner said this was not open space. She agreed that the office plaza fully operational and built out would have more traffic than the project had listed. She said there was enough housing coming and that schools would not be impacted. She did not believe in changing the rules in the middle of a game and could not support the General Plan Amendment. VM Turner applauded the developer for working and listening to the community. CM Gary said this parcel had gone through at least one General Plan comprehensive community review since it was built and it was always seen as neighborhood/commercial. While he liked Sunsets plan, it did not have community acceptance and support.

CM Spedowfski said he agreed with the prior comments. He said he believed a project was still there that would meet all of the needs of the community.

CM Woerner said this was a hard decision. He said he did not believe in changing the general plan and was pleased with the high number of speakers that came out to the meeting. He said he would not support the rezoning.

ON THE MOTION OF VM TURNER, SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL DENIED THE REQUEST FOR THE GENERAL PLAN AMENDMENT AND THE 8144 VESTING TENTATIVE TRACT MAP.

Mayor Marchand declared a five minute recess.

All Council Members were in attendance when the meeting reconvened.

The Council voted unanimously to continue the meeting after 11:00 pm to address the remaining items on the agenda.

5.02 Hearing to receive protests related to the non-payment of solid waste, recycling, and organics handling services provided by Livermore Sanitation for collection on the County assessor tax roll.

Recommendation: Staff recommended the City Council receive protests and consider adopting a resolution overruling objections and protests to delinquent service fees and confirming the 2015 lien assessments; and direct staff to forward a finalized copy of the assessment report to the County Tax Assessor.

The City Council waived the presentation of the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

ON THE MOTION OF VM TURNER, SECONDED BY CM SPEDOWFSKI AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2015-096 considering and overruling objections and protests to delinquent service fees and confirming assessments - Livermore Sanitation accounts.

6. MATTERS FOR CONSIDERATION

MATTERS FOR CONSIDERATION 6.01 Discussion and direction regarding City Council appointments to Intergovernmental Agencies. None.

6.02 Discussion and direction regarding City Council appointment of one voting delegate and up to two alternates for the League of California Cities Annual Conference, September 30 - October 2, 2015.

Recommendation: Staff recommended the City Council appoint one voting delegate and up to two alternates for the annual conference.

City Clerk Susan Neer presented the staff report.

THE CITY COUNCIL APPOINTED MAYOR MARCHAND TO SERVE AS THE VOTING DELEGATE AND VICE MAYOR TURNER AS VOTING ALTERNATE FOR THE ANNUAL CONFERENCE.

6.03 Discussion and direction regarding pending State or Federal legislation. None.

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

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF AND COUNCILMEMBERS 7.01 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members.

Light Bulb Celebration CM Spedowfski said on June 27, 2015, he attended the celebration of a million hours of service of the Livermore Light Bulb held at Fire Station 6.

Sunflower Hill Gardens Ribbon Cutting CM Spedowfski said on July 1, 2015, he attended the ceremony held at Hagemann Farms.

Livermore Amador Valley Transportation Authority (LAVTA) CM Spedowfski said on July 6, 2015, he attended the board of directors meeting. There was discussion on the implementation of the Clipper card and Wheels service.

Sunflower Hill Gardens Ribbon Cutting CM Gary said on July 1, 2015, he attended the ceremony held at Hagemann Farms.

4th of July Fireworks CM Gary said on July 4, 2015, he attended the Red, White, and Boom Block Party hosted by Livermore Downtown Inc.

Ferrucci Fence CM Gary said the fence on Michael Ferruccis property could be historically traced back to 1955. He requested staff prepare a packet of criteria to be used in specific cases for unique situations where age of non-conformity under the code could not be determined. CM Gary received consensus from the Council for this item.

4th of July Fireworks CM Woerner said on July 4, 2015, he attended the Red, White, and Boom Block Party hosted by Livermore Downtown Inc.

Livermore Amador Valley Transportation Authority (LAVTA) VM Turner said on June 23, 2015, she attended the Finance Committee meeting.

League of California Cities VM Turner said June 24-26, 2015, she attended the 2015 Mayors and Council Members Executive Forum and Advanced Leadership Workshops.

4th of July Fireworks VM Turner said on July 4, 2015, she attended the Red, White, and Boom Block Party hosted by Livermore Downtown Inc.

Livermore Amador Valley Transportation Authority (LAVTA) VM Turner said on July 6, 2015, she attended the board meeting. She said the community needed to respond to Wheels Forward.

Water Resolution Mayor Marchand requested and received consensus from the Council for the submittal of a resolution requesting the State of California reimburse cities for revenues lost due to state mandated water reductions and in support of new storage and sustainable statewide water strategies.

Flood Control CM Woerner expressed concern for potential flooding pertaining to the El Nino predictions for winter 2015-2016. He requested an update from staff.

Alameda County Transportation Commission (ACTC) Mayor Marchand said on June 25, 2015, he attended the meeting.

Economic Development Alliance (EDA) Mayor Marchand said on July 7, 2015, he attended the East Bay EDA Land Use and Infrastructure Committee meeting in Oakland.

Local Agency Formation Commission (LAFCO) Mayor Marchand said on July 9, 2015, he attended the meeting. There was a protest hearing for the annexation of the canyon lands to Castro Valley Sanitation.

Archer Futch Mayor Marchand said on July 11, 2015, he attended the services for former Livermore Mayor Archer Futch.

Dick Davies Mayor Marchand said on July 11, 2015, he attended the memorial service for retired Livermore Police Officer Dick Davies.

Alameda County Transportation Commission (ACTC) Mayor Marchand said on July 13, 2015, he attended the meeting. There was an update on the I-580 Express Lane and he stated the express lanes were due to open in fall of 2015. He also attended the Policy, Planning and Legislative Committee meeting.

8. ADJOURNMENT

ADJOURNMENT - at 11:16 pm, in honor and memory of retired Police Officer Richard Dick Davies, to a special City Council meeting on Monday, July 27, 2015, at 6:00 pm, at the Multi-Service Center, 3311 Pacific Avenue; followed by a regular City Council meeting on Monday, July 27, 2015, at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:
JOHN P. MARCHAND, MAYOR

ATTEST:
SUSAN NEER, CITY CLERK