February 13, 2017

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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 7:00 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

1.01 ROLL CALL - Present: Mayor John Marchand, Vice Mayor Steven Spedowfski, and Council Members Robert W. Carling, Bob Coomber, and Bob Woerner.

1.02 PLEDGE OF ALLEGIANCE

1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala said there was no reportable action.

2.

PROCLAMATIONS AND PRESENTATIONS 2.01 Proclamation declaring February 2017 Science and Engineering Month.

Mayor Marchand presented the proclamation to Dr. Kelly Bowers, Superintendent, Livermore Valley Joint Unified School District.

3.

CITIZENS FORUM John Stein, Livermore, spoke regarding the replanting and watering of trees, and cleaning out the arroyo.

Nancy Bankhead, Livermore, spoke regarding falconers and the legality of trapping raptors or hawks.

Bruce Shore, Livermore, spoke regarding current immigration issues.

David McGuigan, Livermore, continued his complaint regarding his arrest by the Livermore Police Department.

Lauren Heanes, spoke regarding the proposed Arts Career Center at the Bankhead.

Doug Mann, Livermore, spoke regarding the request for proposal for the Downtown Specific Plan.

Stacey Swanson, Livermore, spoke regarding the Springtown BioBlitz to be held on February 18, 2017.

Jason Bezis, Lafayette, spoke regarding reconsideration of the decision to relocate the train depot.

In response to questions by Mayor Marchand, Community Development Director Paul Spence said with regards to the comments made by Mr. Bezis, the funds were utilized for the purchase of the property and would be repaid in the future.

Connie Kopps, Livermore, spoke regarding ownership of Springtown facilities.

4.

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

4.01 Resolution 2017-011 authorizing the execution of a purchase order with Pierce Manufacturing Inc., in the amount of $1,291,240 for a replacement Tractor-Drawn Aerial Fire Truck for the Livermore-Pleasanton Fire Department.

4.02 Resolution 2017-012 authorizing execution of the third amendment to the agreement with SunGard Public Sector in the amount of $90,500 to update the City's financial software; and authorizing execution of additional amendments to the agreement in a total amount not to exceed $100,000 for additional costs related to the upgrade.

5.

PUBLIC HEARINGS 5.01 Hearing to consider execution of a Sales Tax Reimbursement Agreement with Gillig, LLC. The agreement would be for a maximum term of fifteen years in an amount not to exceed $5,027,431. The following information is provided pursuant to Section 53083(a) of the Government Code.

1. Gillig is in the business of designing, assembling and selling transit buses. While the company is currently located at 25800 Clawiter Road in Hayward, CA, at the time this agreement goes into effect, the company will be located at 451 Discovery Drive, Livermore, California.

2. If approved, the term of the agreement between the City and Gillig will be for a maximum period of fifteen years with a start date one year after the company begins to generate sales tax in Livermore.

3. If the agreement is executed, the City would provide an annual reimbursement to Gillig of a fraction of the actual sales tax generated by the facility. The reimbursement would be the sales tax generated, in excess of $1 million annually. The maximum annual reimbursement would be further limited as outlined in the agreement, including a maximum total reimbursement of $5,027,431 over the 15-year term of the agreement.

4. The public purpose for the agreement is to assist Gillig with its required public infrastructure improvement burden, thereby ensuring the development of the facility within the City. The new facility will significantly contribute to ongoing economic vitality through substantial job creation, expansion of the City's tax base, and infrastructure enhancement. The agreement will thereby promote the public health, safety, and welfare of Livermore's citizens through substantial economic benefit to the City.

5. The Gillig facility will generate a minimum $1 million per year in sales tax revenue to the City before any reimbursement is made. Projected net annual sales tax revenue to the City is expected to be $1 million to $1.5 million per year.

6. The Gillig facility will generate an estimated 850 to 900 new full-time jobs within the City.

Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of a sales tax reimbursement agreement with Gillig LLC.

Innovation and Economic Development Director Stephan Kiefer presented the staff report.

Derek Maunus, Chief Operations Officer, Gillig LLC, expressed his appreciation to the City for its assistance with relocating Gillig to Livermore. He spoke regarding the creation of jobs and the staggered work hours that would not impact commute traffic.

Mayor Marchand opened the public hearing.

Dawn Argula, Livermore Valley Chamber of Commerce, spoke in support of the City's incentive program that attracts businesses and ensures economic vitality to the community.

Dale Kaye, Innovation Tri-Valley, said the sales tax reimbursement agreement was an innovative economic development initiative and supported approval.

There were no more speakers and the hearing was closed.

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

Resolution 2017-013 authorizing execution of a sales tax reimbursement agreement with Gillig, LLC.

5.02 Hearing to redesignate the General Plan and zoning of Sonoma Elementary School site from educational to residential, to demolish the school, and subdivide and construct 54 single-family residential homes (Vesting Tentative Tract Map 8343). The proposed General Plan designation is Urban Medium High Residential (4.5-6.0 dwellings per acre) and the proposed Zoning designation is Low Density Residential (RL). The project proposes to construct two-story, detached homes ranging in size from approximately 2,100 to 3,000 square feet, and provide open space/water quality swales, landscaping, public streets, sidewalk, lighting, utilities and other related improvements. The project includes a Site Plan Design Review to review the site, house, and landscape designs. A Certificate of Appropriateness will be considered for demolition of all structures on the elementary school site that are over 50 years old, including but not limited to classroom, auditorium, and library buildings.

. Location: Addresses include 543, 559, 555, and 599 Sonoma Avenue . Site Area: 9± acres . Applicant: William Lyon Homes . Application Numbers: General Plan Amendment (GPA) 16-002: Zoning Map Amendment (ZMA) 16-001; Vesting Tentative Tract Map 8343 Subdivision (SUB) 16-003; Site Plan Design Review (SPDR) 16-011; and Certificate of Appropriateness (COA) 16-011 . Public improvements: Extension of utilities, including sewer, water, storm drainage, street frontage landscaping, lighting, streets, sidewalk, curb, and gutter. . Zoning: Education and Institution (E) . General Plan: Community Facility - School (CF-S) . Historic Status: The Historic Preservation Commission and Planning Commission considered staff determination that no historic resources (as defined at CEQA Guidelines section 15064.5) are present within the project area and recommend that the City Council make a finding that the site has no historic resources and the school buildings can be demolished. . CEQA: An Initial Study and Mitigated Negative Declaration will be considered.

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

1. Adopt a resolution approving the Certificate of Appropriateness (16-011) and certifying the Initial Study/Mitigated Negative Declaration for the Sonoma School Project;

2. Adopt a resolution approving General Plan Amendment 16-002 and approving Vesting Tentative Tract Map 8343 (Subdivision 16 003); and Site Plan Design Review 16-011, subject to conditions; and

3. Introduce an ordinance adopting Zoning Map Amendment 16-001. Associate Planner Frank Guido presented the staff report.

In response to questions by CM Coomber, Chris Van Schaack, Assistant Superintendent, Livermore Valley Joint Unified School District, said there were two elementary schools, one middle school and one high school in that area that had the capacity to accommodate students for the next ten years. He said the two elementary schools in the area were well underneath the neighborhood demands.

ln response to questions by VM Spedowfski, Mr. Van Schaack said the State allowed a school district two years to dispose of a site that was not being used for educational purposes before fines kicked in.

In response to questions by CM Carling, Mr. Van Schaack said the proceeds from the sale of the property would be used for capital improvements, instructional materials and technology infrastructure improvements.

In response to questions by Mayor Marchand, Mr. Van Schaack said the Property Advisory Committee reviewed all sites in the District and had determined no eventuality of reopening the Sonoma School site.

Scott Roylance, William Lyon Homes, applicant, said the District had made the decision the site would not be used as a school prior to becoming involved in the process. He said the property was originally offered to the City, Livermore Area Recreation and Park District and other public agencies for purchase; all public agencies declined to use the site. He said William Lyon Homes had made a conscience effort to involve the community in the development of the project with numerous community workshops. Results of the workshops included relocating windows, increasing the depths of the lots and planting tall shrubbery.

Dr. Kelly Bowers, Superintendent, Livermore Valley Joint Unified School District (LVJUSD), said the LVJUSD had done its due diligence in vetting, planning, undergoing the proper advisory committee process for surplus properties and publically noticed sale. She said the primary purpose of LVJUSD was to educate children. The rezoning and subsequent sale of the Sonoma School site would directly benefit the Livermore youth and community. The funds would be allocated to technology, instructional materials, programs, textbook adoptions and improvements to facilities. She said there had been unanimous support for the sale of the property from all interested agencies.

Mayor Marchand opened the public hearing.

Jeremiah Curtis, Livermore, opposed the project stating the new homes did not fit in with the existing neighborhood.

Dawn Argula, Livermore Valley Chamber of Commerce, supported approval of the rezoning and said the project would provide needed housing.

Michael Della Rosa, Livermore, spoke in support of the project. He said there were two schools within walking distance, he did not want another school in the area as it would bring more traffic and the school was too old and run-down to reopen.

Jeanne Watson, Livermore, said Livermore needed smaller, more affordable housing. She said the two-story homes did not fit into the existing neighborhood and there was not enough parking.

Dave Slade, Livermore, said the rezoning should include a neighborhood park within the existing neighborhood.

Dorothy Finney-Slade, Livermore, opposed the project stating the enrollment figures by the school district were inaccurate and did not include the recent closure of the charter school.

Maria Carlomagno, Livermore, opposed the rezoning and the proposed housing development. She said the two-story homes did not fit in with the existing neighborhood.

Kevin Perry, Livermore, questioned the school's enrollment projections, the closure of the charter school, inadequate parking and the location of the closest neighborhood parks.

Krisin Madsen, Livermore, said the Sonoma School site was a hazard and spoke in support of the project.

Tristan Knuth, Livermore, said Livermore was a great place to live and supported the project.

Doug Mann, Livermore, said this was the first zoning vote for the two newly elected council members and suggested they give their decisions serious consideration. He said there should be a unanimous vote on the rezoning.

Dick Corso, Livermore, submitted a copy of an iPetition of 138 signatures in support of the rezoning and development of the project.

Jason Bezis, Lafayette, said he was not in support of the rezoning, the historic marker should be in the Conditions of Approval, and the project should have been considered by the Historic Preservation Commission.

Dale Kaye, Innovation Tri-Valley, spoke in support of the project. She said the future generations of Livermore needed the housing proposed by William Lyon Homes.

Jerry Yalon, Livermore, said this was an opportunity for the school district to get rid of a property that was a burden, use the proceeds for school related purposes, and to provide more housing for families in Livermore.

Marc Miller, Livermore, spoke regarding overcrowding at Livermore schools and building more housing would negatively affect the situation.

Craig Bueno, President, Livermore Valley Joint Unified School District Board, said the project had been thoroughly vetted and he supported the rezoning and the project.

Connie Kopps, Livermore, spoke regarding density and said there needed to be balance in the neighborhood.

There were no more speakers and the hearing was closed.

In response to questions by CM Woerner, City Manager Marc Roberts said State law defined the responsibilities and requirements for public agencies. He said the ultimate determination of the future of the school was the responsibility of the school district.

CM Coomber said he would like to see single story homes in the project. He said the proceeds from the sale of the property would be highly beneficial for the needs of the school district. He said he supported the project.

CM Carling said he was impressed with the developer's community engagement and willingness to make changes suggested by the neighborhood. He said he supported approval of the project.

In response to questions by CM Woerner, Community Development Director Paul Spence said a tot lot was not a requirement of the project.

CM Woerner suggested the project return to the Planning Commission to mitigate some of the remaining issues and concerns.

VM Spedowfski said he did not agree this was the right project for the site and should be rezoned to a lower density. He did not like the loop layout, preferred street widths to match the existing neighborhood and there should be single story homes as part of the project. He said he could support urban medium residential but could not support rezoning to urban-medium-high. He said the project should be returned to the Planning Commission to address some of the concerns.

Mayor Marchand said he could support reconsideration of density and agreed there was a demand for single story homes. He said the Planning Commission and the Historic Preservation Commission both voted unanimously in favor of the project.

IT WAS MOVED BY CM CARLING, SECONDED BY CM COOMBER, TO APPROVE STAFF RECOMMENDATION.

CM Woerner said he could not support the motion. He said the project should return to the Planning Commission to revisit the density and to consider including single story homes.

City Manager Marc Roberts said the Council could condition the project to include single story homes.

Scott Roylance, William Lyon Homes, applicant, said the project plan could swap out the existing Plan 1 with a single story home. He said there were thirteen Plan 1 models; the thirteen replacement single story homes could be placed on the perimeter of the project.

In response to questions by CM Carling, Mr. Roylance said the footprint for the single story homes would be slightly larger but would fit within the zoning code. He said the single story homes would be a smaller square footage home than the two-story home currently proposed.

CM CARLING WITHDREW HIS ORIGINAL MOTION.

IT WAS MOVED BY CM CARLING AND SECONDED BY CM COOMBER TO APPROVE STAFF RECOMMENDATION WITH AMENDMENT TO THE CONDITIONS OF APPROVAL TO INCLUDE THE REQUIREMENT TO REPLACE THIRTEEN PLAN 1 (TWO-STORY) UNITS WITH THIRTEEN SINGLE STORY UNITS TO BE LOCATED ON THE PERIMETER OF THE DEVELOPMENT AND LOCATING SINGLE STORY UNITS ADJACENT TO EXISTING SINGLE STORY UNITS.

VM Spedowfski said he still had concerns about the densities. He said he could not support the motion.

In response to questions by CM Coomber, Mr. Roylance said there would still be eight affordable homes consisting of four moderate and four low-income.

MAYOR MARCHAND CALLED FOR THE VOTE.

THE MOTION CARRIED ON A 4-1 VOTE, VM SPEDOWFSKI VOTING NO, AND THE CITY COUNCIL ADOPTED THE RESOLUTIONS, INTRODUCED THE ORDINANCE AND AMENDED THE CONDITIONS OF APPROVAL TO REPLACE THIRTEEN PLAN 1 (TWO-STORY) UNITS WITH THIRTEEN SINGLE STORY UNITS TO BE LOCATED ON THE PERIMETER OF THE DEVELOPMENT AND LOCATING SINGLE STORY UNITS ADJACENT TO EXISTING SINGLE STORY UNITS.

Resolution 2017-014 approving Certificate of Appropriateness 16-001 and certifying the initial study/mitigated negative declaration for the Sonoma School Project (Vesting Tentative Tract Map 8343 (SUB16-003) and Site Plan Design Review 16-011; General Plan Amendment 16-002; Zoning Map Amendment 16-001; and Certificate of Appropriateness 16-011). (Redevelopment of Sonoma School site, to construct 54 single-family detached homes)

Resolution 2017-015 approving General Plan Amendment 16-002, Vesting Tentative Tract Map 8343 (SUB16-003), and Site Plan Design Review 16-011; Environmental Determination (Redevelopment of Sonoma School site, to construct 54 single-family detached homes)

Ordinance introduced amending the Zoning District Map of the City of Livermore - Zoning Map Amendment 16-001 (Redevelopment of Sonoma School site, to construct 54 single-family detached homes)

6.

MATTERS FOR CONSIDERATION 6.01 Discussion and direction regarding an amendment to the Downtown Specific Plan for Residential Height Limits.

Recommendation: Staff recommended the City Council provide direction.

Planning Manager Steve Stewart presented the staff report.

Mayor Marchand invited public comment.

David Eichler, Legacy Partners, spoke in opposition to establishing an interim height limit reduction for residential projects within the Downtown Specific Plan area and said the prior uses of the Groth site made it problematic.

Jeff Kaskey, Livermore, read a statement from Lee Yonker opposing the establishment of an interim height limit reduction for residential projects within the Downtown Specific Plan area and said there were many other options to consider. He said the City could exercise its options on the Groth site but options should be left open for the eight-acre site.

Richard Ryon, Livermore, spoke in opposition to establishing an interim height limit reduction for residential projects within the Downtown Specific Plan area.

Michael Bordoni, Livermore, spoke in opposition to establishing an interim height limit reduction for residential projects within the Downtown Specific Plan area.

Dale Kaye, Innovation Tri-Valley, spoke in opposition to establishing an interim height limit reduction for residential projects within the Downtown Specific Plan area.

Jean King, Livermore, spoke in opposition to establishing an interim height limit reduction for residential projects within the Downtown Specific Plan area. She questioned how the limit would be applied to mixed-use projects.

Bill Dunlop, Livermore, spoke in opposition to establishing an interim height limit reduction for residential projects within the Downtown Specific Plan area.

Jason Bezis, Lafayette, said the City should leave all options open and began speaking about train depot misinformation, pressures and strong-armed tactics at an October 2004 Historic Preservation Commission meeting.

CM Carling requested a point of order stating Mr. Bezis was speaking off-topic.

VM Spedowfski agreed that Mr. Bezis was speaking off-topic.

Mayor Marchand asked Mr. Bezis to continue speaking and keep his comments to the subject matter of the height limit.

Mr. Bezis stated his First Amendment rights were being violated and complained that the speaker time clock was still running.

Mayor Marchand reminded Mr. Bezis to stay on topic; and Mr. Bezis was allowed to finish his comments even though his three minutes had expired.

VM Spedowfski said the point of order was called to ensure Mr. Bezis stayed on the topic of discussion. He reminded Mr. Bezis there had been many instances in the past where he was allowed to go over his allotted time and to speak out of turn from the audience. He said Council's responsibility was to make certain that public speakers' comments were related to the item being considered.

Dawn Argula, Livermore Valley Chamber of Commerce, said the Chamber did not support establishing an interim height limit reduction for residential projects within the Downtown Specific Plan area.

In response to questions by Mayor Marchand, Planning Manager Steve Stewart said the intent of the interim moratorium was to limit the overall height. He said mixed-use buildings would need to be calculated separately.

CM Woerner said the current thirteen-year-old Downtown Specific Plan (DSP) was based on the assumptions there would be a 2,000-seat regional theater and BART would come to Downtown. He said since this was no longer a reality, he supported starting a process to figure out what the community truly wanted.

VM Spedowfski said establishing the interim height limit would be a significant change to the DSP. He said he was more concerned with setbacks than building heights. He said there was expressed interest in more retail in the downtown and suggested residential above retail.

CM Carling said he did not support establishing an interim height limit. He supported moving forward with community workshops.

CM Coomber said he did not support an amendment to the Downtown Specific Plan.

Mayor Marchand said he wanted to keep options open and to stay flexible. He did not support an amendment to the Downtown Specific Plan.

NO ACTION WAS TAKEN. THE CITY COUNCIL DIRECTED STAFF NOT TO PROCEED WITH AN AMENDMENT TO THE DOWNTOWN SPECIFIC PLAN.

6.02 Discussion and direction regarding a work plan to consider design options for providing shade at the Bankhead Theater's Shea Plaza.

Recommendation: Staff recommended the City Council provide direction regarding a work plan for considering design options to provide shade and/or other design aspects to enhance the usability of the Shea Plaza during hot weather.

Planning Manager Steve Stewart presented the staff report.

Mayor Marchand invited public comment.

Jeff Kaskey, Livermore, spoke in support of a shade structure at Shea Plaza.

Scott Kenison, Livermore, spoke in support of a shade structure at Shea Plaza.

Lynn Seppala, Livermore, spoke in support of a shade structure at Shea Plaza.

John Stein, Livermore, said the shade structure should be compatible to the existing structure and suggested using trees for shade and cooling.

Dale Kaye, Innovation Tri-Valley, spoke in support of a shade structure at Shea Plaza.

In response to questions by VM Spedowfski, City Manager Marc Roberts said there was no current funding in the Capital Improvement Program for this project. He said staff needed more clarity on the desired purpose of the shade structure.

Community Development Director Paul Spence said the length of the RFP/RFQ process would be dependent upon how involved the Council wanted to be.

City Manager Marc Roberts said staff needed more clarification from the Council as to the type, whether permanent, convertible or seasonal, and the size of the shade structure. He said these were the necessary components to include in the RFP/RFQ process.

ON THE MOTION OF CM WOERNER, SECONDED BY VM SPEDOWFSKI AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL DIRECTED STAFF TO PREPARE A REQUEST FOR PROPOSAL TO EXPLORE SHADE STRUCTURE OPTIONS, INCLUDING AESTHETICS AND PRACTICALITIES, IN AN APPROXIMATE AMOUNT OF $450,000 AND PRESENT OPTIONS TO THE CITY COUNCIL AT A FUTURE MEETING.

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. A verbal report may be given.

ON THE MOTION OF CM WOERNER, SECONDED BY CM COOMBER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL WAIVED ITEM 7.01 AND TO ADJOURN THE MEETING.

8.

ADJOURNMENT - Mayor Marchand adjourned the meeting at 11:03 pm in memory of Daniel Swinbank, to a Special City Council Workshop, February 15, 2017 at 1:00 pm, Civic Center Library Community Room, 1188 South Livermore Avenue, Livermore, and a regular City Council meeting on February 27, 2017 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

SUSAN NEER, CITY CLERK