March 13, 2017

________________________________________________________________

CLOSED SESSION

CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor John Marchand at 6:32 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

ROLL CALL - Present: Mayor John Marchand, Vice Mayor Steven Spedowfski, and Council Members Bob Coomber, and Bob Woerner. Council Member Robert W. Carling was absent/excused.

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

ADJOURN TO CLOSED SESSION

1. Conference with Labor Negotiator. To meet with Douglas Alessio, Administrative Services Director, and Donald Turko of Renne Sloan Holtzman Sakai, the City's negotiators pursuant to Government Code section 54957.6, regarding negotiations with the Association of Livermore Employees.

2. Conference with Labor Negotiator. To meet with Douglas Alessio, Administrative Services Director, and Donald Turko of Renne Sloan Holtzman Sakai, the City's negotiators pursuant to Government Code section 54957.6, regarding negotiations with the Police Officers Association.

3. Public Employee Performance Evaluation. To meet pursuant to Government Code section 54957 regarding the performance evaluation of the City Attorney.

________________________________________________________________ REGULAR MEETING

1.

CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:01 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 Bob Coomber, and Bob Woerner. Council Member Robert W. Carling was absent/excused.

1.02 PLEDGE OF ALLEGIANCE

Livermore Girls Scouts conducted the flag ceremony.

Maya Lovelee Hacket, Daisy Troop 31733

Kaitlyn Zoerhoff, Brownie Troop 30521

Aurelia Correa, Junior Troop 33482

Shannon Thomas, Cadette Troop 31177

Mackenzie Salamida, Cadette Troop 31177

Charlotte Plemmons, Cadette Troop 32874

Jessica Plemmons, Ambassador Troop 31004

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 March 12 - 18, 2017 as Girl Scout Week.

Mayor Marchand presented the proclamation to the Girl Scouts in attendance.

2.02 Proclamation declaring March 2017 as American Red Cross Month.

Mayor Marchand presented the proclamation to Gregory Portillo, representing the American Red Cross.

3.

CITIZENS FORUM

Dale Kaye, Innovation Tri-Valley, thanked the Council for including Innovation Tri-Valley as part of the Downtown Steering Committee. She also spoke regarding the importance of the hotel for the Downtown and not wanting another long, drawn out process and lose the opportunity with Presidio.

David Rounds, Livermore, spoke in support of the formation of the Downtown Steering Committee; the process with the hotel and parking needed to move forward quickly but not lose the synergy with the rest of the development.

Scott Kenison, Executive Director, Livermore Valley Performing Arts Center, spoke regarding the economic benefits generated by the sale of tickets and requested the City conduct a study on the effective use of the visual and performing arts on the City's economy and project future financial benefits by providing taxpayer support for the arts.

Dave Wetmore, Little League World Series 2017, said there would be eleven teams participating in the 2017 Series that begins with the opening ceremony on July 29, 2017 at the Bankhead Theater.

Jeff Kaskey, President, Livermore Heritage Guild, provided a short update on the management of the Duarte Garage and Hagemann Ranch in addition to upcoming events.

Lynn Seppala, President, Livermore Cultural Arts Council, spoke in support of Scott Kenison's request for the City to conduct a study on the effectiveness of the visual and performing arts on the City's economy.

4.

CONSENT CALENDAR

Mayor Marchand said Item 4.02 had been removed from the agenda and would be considered at a future meeting.

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

4.01 Approval of minutes - February 13, 2017 Regular City Council meeting and the February 15, 2017 City Council Special Meeting Workshop.

4.02 Introduction of an ordinance adding section 10.20.261 to Chapter 10.20 of the Livermore Municipal Code to prohibit persons from being in City owned parking lots or structures when not exiting or entering to retrieve vehicle.

ITEM 4.02 WAS REMOVED FROM THE AGENDA.

4.03 Resolution 2017-025 approving the City of Livermore Salary Plan as of March 13, 2017 in accordance with California Code of Regulations, Title 2, Section 570.5.

4.04 Resolution 2017-026 authorizing concurrent review of General Plan Amendment 17-001 and Planned Development 16-003, which will be reviewed with Site Plan Design Review Modification 16-034; and Certificate of Appropriateness 16-031 for proposed modification to the Stanford Health Care ValleyCare Lifestyle Rx building addition. Location: 1111-1119 East Stanley Boulevard and 197 South S Street.

4.05 Resolution 2017-027 declaring non-complying parcels a public nuisance requiring abatement, directing staff to proceed with the 2017 Fire Hazard Abatement Program, and setting a public hearing date of April 24, 2017 to receive protests.

4.06 Resolution 2017-028 approving the expenditure of Altamont Open Space Funds in an amount not to exceed $15,000 to provide mapping services for future open space acquisitions.

5.

PUBLIC HEARINGS

5.01 Hearing to consider a proposal to construct seven buildings, including six residential buildings, ranging from one to two stories, to provide 44 units of affordable, supportive housing for adults with developmental disabilities, and one one-story multipurpose building. The development will preserve the existing historic single-family home and convert it into service offices and an on-site manager's residence. The project will provide 24 parking spaces, a new signalized driveway onto First Street, onsite amenities, open space, and landscaping, including the preservation of 30 existing trees. The project includes a proposed General Plan Amendment to change the land use designation from Urban Low Medium Residential to Urban High-3 Residential and a proposed Rezoning from Planned Unit Development 49-89 and Open Space - Agriculture to Multiple Family Residential. Proposed demolition work will include the removal of an existing garage and shed, removal of one existing driveway, and removal of 26 trees. The development will involve the extension of utilities to the site and street frontage improvements and median modifications on First Street. (Sunflower Hill)

. Location: 4260 First Street Site Area: 2.1± net acres (2.6± gross acres)

. Applicant: MidPen Housing Corporation

. Application Numbers: Site Plan Design Review 16-015, Subdivision 16-007, General Plan Amendment 16-003, Zoning Map Amendment 16-003, Certificate of Appropriateness 16-007, and Housing Implementation Program 16-003

. Public improvements: Extension of utilities, including sewer, water, storm drainage; improvements to street frontage landscaping, lighting, sidewalk, curb, and gutter; and street frontage and median improvements.

. Zoning: Planned Unit Development (PUD) 49-89 and Open Space - Agriculture (OS-A)

. General Plan: Urban Low Medium Residential (2 to 3 units per acre)

. Historic Status: A Certificate of Appropriateness is required for modifications to the exterior of the existing residence that dates to 1927 and the demolition of a garage and shed dating to 1927 and the 1940s, respectively.

. CEQA: An Initial Study and Mitigated Negative Declaration under the provisions of the California Environmental Act (CEQA) will be considered.

Recommendation: The Planning Commission, Historic Preservation Commission, and staff recommend the City Council approve the proposed residential development by:

1. adopting a resolution approving Subdivision 16-007 (Parcel Map 10589), General Plan Amendment 16-003; Site Plan Design Review 16-015, Certificate of Appropriateness 16-018, and Housing Implementation Program 16-003, certifying the initial study/ Mitigated Negative Declaration for Sunflower Hill Project.

2. introducing an ordinance approving Zoning Map Amendment 16-003.

Senior Planner Ben Murray presented the staff report.

Susan Houghton, President, Board of Directors, Sunflower Hill, provided a brief introduction of the project.

Lauri Moffet-Fehlbert, Senior Principal, Dahlin Group, presented an overview of the project including the existing conditions, proposed site plan, and architecture.

In response to questions by VM Spedowfski, Ms. Moffet-Fehlbert said the setback was approximately 15 feet on the ground floor; the second floor was about 26 feet from the fence.

In response to questions by Mayor Marchand, Ms. Moffet-Fehlbert said the back gates were manned gates that were for emergency vehicles only with no resident access. Traffic Engineer Carlo Sendaydiego said the traffic signal would be a four-way and the pedestrian light would only come on when someone pushed the button.

Mayor Marchand opened the public hearing.

Lynn Monica, Board Member, Sunflower Hill, spoke regarding the need for housing for adults with developmental disabilities. She also spoke regarding Sunflower Hill Gardens and described the benefits of the program.

Heather Greaux, Executive Director, Open Heart Kitchen, spoke in support of Sunflower Hill Gardens and approval of the project.

Audrey Massoni, Livermore, said she lived next door to the project, appreciated the community outreach and concessions made, and spoke in support of the project.

Alice Re, Livermore, said this project had been developed undercover and she objected to the zoning change. She also said the location was not safe, there were too many traffic signals already and the emergency access gates were an intrusion to her neighborhood that eliminated parking spaces and the project would provide housing to non-Livermore residents.

Gina Reuschel, Livermore, spoke in support of the project and the housing needs for adults with developmental disabilities.

Jon Elfin, Livermore, spoke regarding the housing needs for adults with developmental disabilities. He said 80% of adults with developmental disabilities lived at home with their parents. He supported approval of the project.

Tory Blue, Livermore, said this was an established neighborhood and he did not want the zoning change. He said this was a money-play and there was no guarantee the project would succeed and they would end up with stack-and-pack housing.

Cynthia Rivera, Livermore, spoke against the zoning change and said the majority of the surrounding residents objected to the increase in density. She urged a no vote on rezoning.

Glen Petersen, Livermore, spoke in support of the project.

Jeff Kaskey, President, Livermore Heritage Guild, said the Heritage Guild supported approval of the project. He said the massing and scale were correct and it would be a quiet campus.

Luana Layton, Livermore, said she and her husband purchased the property in 1977. Several buyers that would tear down the existing house had approached her and her husband, but Sunflower Hill shared their vision for this project. They felt honored and blessed to be part of this project. She supported approval of the project.

Dan Fahey, Livermore, said his one-story house abutted the property and would be affected more than anyone else in the neighborhood with the loss of view and privacy, and construction noise. He said he supported this project 100% and it was much better than a strip-mall going in at that site.

Devin Sneed, Livermore, supported the project. He said this project was meaningful and productive for the City.

Sblend Sblendorio, Innovation Tri-Valley, spoke in total support of this project and the program. He urged Council's approval of the project.

There were no more speakers and the hearing was closed.

In response to questions by VM Spedowfski, Housing Program Manager Frances Reisner said when the City provided funding for affordable housing projects, there was a Livermore preference for the leasing of the property. She said people who were existing residents, worked or volunteered in Livermore were provided with a preference to be screened first. She said there was not a second tier.

In response to questions by CM Coomber, City Manager Marc Roberts confirmed that before Pulte Homes built the surrounding neighborhood, the land was rezoned from agriculture in a General Plan amendment after being annexed into the City.

Mayor Marchand requested staff respond to comments made during the hearing.

Ms. Reisner said MidPen Housing and Sunflower Hill were non-profit organizations. The proposed development would be a non-profit affordable housing project so by definition, the project would not generate profits. Any residual revenue would be redirected to support operations and tenant services on the site as a first priority. Secondly, the funds would go to repay any public loans that helped develop the project. She said MidPen Housing was a very qualified affordable housing developer with over 6,000 units in the Bay Area and the project was viable.

CM Woerner spoke in support of the project. He said the design was responsive to the neighborhood and this was a great project to address a very pressing need in the community.

VM Spedowfski said the set-backs along with the stepping of the house addressed the need of the next door neighbors. He said this project was an excellent example of an adaptive reuse of an historic building that would be used in perpetuity. He said he'd like the development of a second tier for screening of applicants from the Tri-Valley.

CM Coomber spoke of the need for this type of housing in the community. He said these adults with developmental disabilities had proven the ability to be good citizens of Livermore, good friends, and good workers in the community. This project will set a standard for more housing.

Mayor Marchand said there was tremendous outreach to the community throughout the entire planning and entitlement process. He said Sunflower Hill had the potential to become a national model of how to do it right in a community.

ON THE MOTION OF VM SPEDOWFSKI, SECONDED BY CM WOERNER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION AND INTRODUCED THE FOLLOWING ORDINANCE:

Resolution 2017-029 approving subdivision 16-007 (Parcel Map 10589); General Plan Amendment 16.003; Site Plan Design Review 16.015; Certificate of Appropriateness 16-018; and Housing Implementation Program 16-003 and certifying the Initial Study/Mitigated Negative Declaration for the Sunflower Hill Project.

Ordinance introduced amending the Zoning District Map of the City of Livermore, Zoning Map Amendment 16.003, Rezoning 4260 First Street from Planned Unit Development 49-89 and Open Space - Agriculture to Multiple Family Residential to permit construction of 44 affordable apartment units for adults with developmental disabilities and one multi-purpose building and to convert an existing single-family home to offices and a manager's residence.

6.

MATTERS FOR CONSIDERATION

6.01 Discussion and direction regarding the 2017 Livermore State and Federal Legislative Platform.

Recommendation: Staff recommended the City Council adopt a resolution approving the 2017 Livermore State and Federal Legislative Platform.

Senior Management Analyst Donna Pontau presented the staff report.

ON THE MOTION OF CM COOMBER, SECONDED BY CM WOERNER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLTUION:

Resolution 2017-030 adopting the 2017 State and Federal Legislative Platform for the City of Livermore.

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY THE 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.

Livermore-Amador Valley Transit Authority (LAVTA) CM Coomber attended the board meeting where a variety of topics were discussed including self-driving cars.

Livermore Cultural Arts Council (LCAC) CM Woerner said he attended the meeting where there was a vote to do a study on the impact of the arts on the City's economy.

CM Woerner received consensus from the Council to direct staff to conduct a study on economic impacts by the visual and performing arts on the City's economy and to include a comparability with other cities.

East Bay Community Choice Energy Joint Powers Authority (EBCE JPA) VM Spedowfski said on March 1, 2017 he attended the meeting where a consultant was selected to develop a local development business plan. In addition, a position was posted to hire a CEO for the group.

Livermore-Amador Valley Transit Authority (LAVTA) VM Spedowfski said on March 6, 2017 he attended the Board of Directors meeting where they reviewed the mid-year budget update and had a presentation on the autonomous vehicle.

Altamont Regional Rail Policy Working Group VM Spedowfski said on March 8, 2017 he attended the meeting where there was discussion on decisions that need to be made that will affect future service to Livermore. He would like to have a presentation to the Council on this item after agreements are drafted. City Manager Marc Roberts said staff could bring back a two-step process; an update to Council and community as to where we are and then provide an update or suggest additional areas for study. Mr. Roberts proposed placing this on the April 10, 2017 agenda.

Mayor Marchand said there were proposed changes in legislation. Mr. Roberts said staff would bring back a report on the status of the legislation and where we are in the process.

Valley Children's Museum VM Spedowfski requested a status update on the proposed presentation from the Valley Children's Museum. City Manager Marc Roberts confirmed that staff would contact the organization to make a presentation to Council at a future meeting.

Police Department VM Spedowfski thanked the Police Department for their swift response to an incident that happened in the community. Mayor Marchand commented on the suspects being from other communities and on the use of technology and financing to ensure that we have the best tools to do the best job.

Livermore-Pleasanton Fire Department Joint Powers Authority (LPFD JPA) Mayor Marchand said he attended the meeting.

Altamont Regional Rail Policy Working Group Mayor Marchand said he attended the meeting on March 8, 2017 with VM Spedowfski.

Alameda County Transportation Commission (ACTC) Mayor Marchand attended the meeting where a 580 Express Lane update was given. He stated that forty percent of the cars using the express lanes come over the Altamont and over seven million cars have used the express lanes since opening a year ago, equating to millions of dollars in revenue that will stay within the transportation corridor. In addition, Mayor Marchand attended the Planning Policy Legislative Committee where they spoke about AB 28 and also AB 1444 which would allow LAVTA to test the autonomous vehicles.

City Manager Marc Roberts said the City was in the process of working with Alameda County, State of California and the Federal government on recovery from significant damage from recent rainstorms. The City had millions of dollars of damage to the public infrastructure. Mr. Roberts stated the City would declare a local state of emergency later this week and will remain in effect for up to seven days under the City Manager's authority. The Declaration would return to Council at a Special Meeting prior to the City Council and Planning Commission Special Meeting on March 22, 2017.

Mr. Roberts stated that there was significant private damage in the commercial business park near Collier Canyon Road. City staff collected information for public and private damage and shared it with County, State and Federal officials. Staff attended a tour coordinated countywide through the Emergency Operations Center. The Declaration will allow staff to be sure all procedures are followed before money is spent in order to be eligible for reimbursement.

VM Spedowfski wanted to be sure private property owners know that they can apply for individual assistance through FEMA and HUD.

Mr. Roberts stated that a certain threshold must be reached countywide with residential development in particular, and the county would be doing outreach. He added that if any City residents experienced local damage from flooding not covered by insurance, letting the City know would be very helpful. The County is going to make a list of countywide damage in order to seek a Declaration for those damages as well.

8.

ADJOURNMENT - 9:04 pm to a City Council & Planning Commission Special Meeting Workshop, Wednesday, March 22, 2017 at 5:30 pm, Council Chambers, 3575 Pacific Avenue, Livermore, and a regular City Council meeting Monday, March 27, 2017 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

SUSAN NEER, CITY CLERK