CITY COUNCIL MINUTES

June 9, 2014

________________________________________________________________ REGULAR MEETING

Mayor Marchand announced that the meeting was being conducted pursuant to California Government Code concerning teleconferencing of meetings. Councilmember Laureen Turner was at the Ibero-American University Puebla, in Puebla, Mexico, and would be participating via tele-video conferencing. In accordance with the Ralph M. Brown Act, the location was identified in the notice and agenda for this meeting. Mayor Marchand confirmed that all members of the Council could clearly hear the proceedings and any vote taken during the tele-video conferenced meeting would be taken by a roll call vote.

1.01 PLEDGE OF ALLEGIANCE/ROLL CALL - Present: Mayor John Marchand, Vice Mayor Bob Woerner, and Councilmembers Stewart Gary, Doug Horner, and Laureen Turner.

1.02 PLEDGE OF ALLEGIANCE

Boy Scout Troop 975 led the Pledge of Allegiance.

1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala reported the City Council unanimously approved a conceptual deal to help rescue the Bankhead Theater. The City Council, Supervisor Haggerty, LVPAC, and the Bank of New York Mellon agreed to a framework for each of them to make contributions to pay off the bond debt burdening the theater. The deal would transfer the theater's ownership to the City and the County in exchange for their contributions, and LVPAC would continue to operate the theater subject to a new operating agreement.

Mr. Alcala said the deal did not involve any direct contributions from the City's General Fund. The City's contribution was to be made by financing the host community impact fee revenue stream that was already committed to the project.

Mr. Alcala said Council provided direction to staff and instructed them to work through the details and prepare the necessary agreements for the City Council's approval in open session to consummate the deal. That work was expected to take approximately 90 days to complete.

Mayor Marchand verified the Citys funding would not come from the Citys General Fund but from the host community impact fees.

Mayor Marchand said Items 6.04 and 6.05 would be removed from the agenda and rescheduled for a future Council meeting.

2. PROCLAMATIONS AND PRESENTATIONS

2.01 Proclamation declaring June 2014 Safety Awareness Month.

Mayor Marchand presented the proclamation to Janet Hamilton, Risk Manager for the City of Livermore.

2.02 Confirmation of Advisory Body appointment.

Livermore Area Youth Advisory Commission (adult member) Appointment of Shabana Shariff to an unexpired term ending September 1, 2014.

ON THE MOTION OF CM HORNER, SECONDED BY CM GARY AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENT.

3. CITIZENS FORUM

Denise Watkins, Livermore Valley Performing Arts Center (LVPAC) Board member, read a statement expressing appreciation for the Citys leadership and assistance in preparing a joint proposal to buy-out the Bankhead Theaters debt. She stated that LVPAC would be fundraising $2.8 million to meet its share of the deal.

Nancy Bankhead, Livermore, expressed appreciation for the City Councils support of the Bankhead Theater.

Nick Liang, Uncle Yus, Livermore, expressed appreciation for the City Councils support of the Bankhead Theater and how essential the theater was to the success of downtown businesses.

John Stein, Livermore, spoke regarding the long term city budget, unfunded liabilities, the need for more revenue and the improvement of the jobs-housing balance.

Connie Kopps, Livermore, spoke regarding her bag business, games for her bags, and stock options to benefit the Bankhead Theater.

Pat Ferguson, Livermore, questioned the expenditure of $10 million by LVPAC and why the funds were not used to pay the rent for the Bankhead Theater.

In response to questions by Mayor Marchand, City Manager Marc Roberts said the Disposition and Development Agreement (DDA) between the City, the Redevelopment Agency and LVPAC for the regional theater, required LVPAC perform a number of things prior to the bonds being sold. He said the bulk of the $10 million was spent to fulfill requirements outlined in the DDA, including architectural drawings and the preliminary work in preparation of the bond documents. He said the $10 million was privately raised by LVPAC and earmarked by the donors specifically for the regional theater; the funds were to be returned once the bonds were sold. He said pre-development soft costs were traditionally financed out of bond financing when the building was actually constructed. Because the project was stopped in mid-stream, there was an unanticipated impact to both the City and LVPAC. He said the original project was to have two theaters; the regional theater was intended to make the Bankhead Theater more successful by splitting marketing, overhead and executive costs between the two theaters.

Don Meeker, Livermore, shared a newspaper article about the activities of Beautification Committee that was published in 1968.

Joe Duarte, Jr., Livermore, spoke regarding the Mayors Homelessness Summit he attended in April. He said it was a great workshop but did nothing for the homeless in Livermore.

Mayor Marchand invited Mr. Duarte to meet with him after the meeting to discuss the progress that had been made with regards to homelessness.

Marnie Steele, Livermore, Save the Hill group, spoke regarding traffic issues in the proposed development project in North Livermore. She requested a revised draft environmental report due to the recent changes to the project.

Cindy Angers, Livermore, Save the Hill group, spoke regarding traffic issues with the proposed Garaventa Hill project.

Catherine Ndungu-Case, Livermore, expressed her appreciation for keeping the Bankhead Theater open by playing her drum.

Jim McGrail, Livermore, expressed appreciation for the Citys support of the Bankhead Theater.

Charles Hartwig, Livermore, expressed appreciation for the Citys support of the Bankhead Theater.

Brian Mayall, Livermore, expressed appreciation for the Citys support of the Bankhead Theater.

John Shirley, Livermore, expressed appreciation for the Citys support of the Bankhead Theater.

Rachael Snedecor, Downtown Livermore Inc., spoke regarding the need for a better connection between the arts community, the arts organizations and the entire downtown business community.

Sally Dunlop, Livermore, spoke regarding the high number of students that had attended performances in addition to performing on stage at the Bankhead Theater.

Kathy Streeter, Livermore, Friends of the Bankhead and Bothwell Art Center (FOBB), expressed appreciation for the Citys support of the Bankhead Theater.

Mark Eaton, Livermore, expressed appreciation for the support of the Bankhead Theater. He read a statement from Mike Madden regarding the hard work and success of the Downtown including the Bankhead Theater.

Barry Russell, President, Las Positas College, spoke regarding the importance of the Bankhead Theater in the community.

Judy Galletti, Livermore, said it was not the Citys responsibility to save the businesses, non-profit organizations, or the Bankhead Theater.

Barbara Steinfeld, President, Visit Tri-Valley, spoke regarding the importance of cultural tourism.

Rajnish Khanna, Livermore, expressed appreciation for the Citys support of the Bankhead Theater.

Jean King, Livermore, expressed appreciation for the support of the Bankhead Theater and said no City General Funds were being used.

Paul Weiss, Livermore, said the Bankhead Theater was one of many assets that helped Livermore to become a really nice town.

4. CONSENT CALENDAR

Item 4.02 Pat Ferguson, Livermore, said she did not support the elimination of health benefits for Councilmembers and that the Council spent too much time on regional issues.

Mayor Marchand said the Councils regional representation provided many benefits and opportunities for Livermore. For example, the East Bay Regional Communication System Authority allowed Livermore to work together with 33 other emergency services agencies in the region and was powerful tool for mutual aid throughout the region. He said his involvement with the Alameda County Transportation Commission could provide $400 million for funding BART to Livermore. He also clarified that the ordinance was to eliminate the Citys funding of Council health benefits; the Council still had the option to purchase benefits at their own expense.

Items 4.03 and 4.04 Alan Burnham, Livermore, said the language in the ordinances was far to detailed and was not necessary in terms to achieve the objectives of water consumption. He said the water shortage was a population growth problem and a resolution should be sent to Dublin for them to make bigger cuts to water usage.

Items 4.03 and 4.04 Pat Ferguson, Livermore, said growth should be stopped until there was enough water. She said the draconian regulations Council was proposing were an overreaction and over control.

Mayor Marchand said the current drought was drier than the droughts of 1926-1932 and 1987-1992. Lake Oroville was down below 50% and San Luis Dam was down over 40%. He said there was a limited amount of water and the Tri-Valley was limited to the capacity of water that could be pumped. He said the wells could not manage the demand should everyone pump water all at once; therefore, there were alternating days for watering of landscape. He said the flexible measures in the ordinance for water usage and conservation would help everyone survive the production/demand limitation.

In response to questions by VM Woerner, Public Works Director Dan McIntyre said the voluntary water conservation efforts only resulted in a 5% reduction. Since the implementation of the mandatory measures and higher conservation rates, there was a reduction of 20% over the past five weeks. He said Tri-Valley wide, the need to conserve was 25%.

Item 4.11 John Stein, Livermore, spoke regarding the increase in landscaping, and said next year there could be a lot of dead trees to be replaced due to the drought. He said he was skeptical about the 40% reduction in medical funding.

In response to questions by Mayor Marchand, City Manager Marc Roberts said the reduction in overall OPEB (other post employment benefits) did not come from cutting existing benefits but came from stopping the increase of the benefit amount over time. He said timely payments to the Trust Fund also contributed to the reduction; that, combined with the renegotiated contracts with the Citys bargaining units, reduced the overall liability about 40%.

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

4.01 Approval of Minutes - May 12, 2014 regular City Council meeting and May 19, 2014 City Council Budget Workshop.

4.02 Adoption of Ordinance 1996 amending section 2.04.030, Compensation limits for mayor and council members.

4.03 Adoption of Ordinance 1997 adding Chapter 13.27, Mandatory Drought Conservation Measures, to the Municipal Code to prohibit wasteful water practices.

4.04 Adoption of Ordinance 1998 amending lawn watering and landscape irrigation restrictions for a Stage 2 water shortage set forth in Municipal Code Chapter 13.26.090.B, Water Conservation.

4.05 Resolution 2014-066 authorizing execution of an agreement with Breneman, Inc., in the amount of $135,584, for construction of the Safe Routes to School, Project No. 2012-25.

4.06 Resolution 2014-067 authorizing execution of an agreement with Lynx Technologies, in an amount not to exceed $250,000, for Geographic Information System (GIS) implementation, enhancements, upgrades, development, and maintenance services.

4.07 Resolution 2014-068 authorizing a change order to the contract for services with Polydyne, Inc. to increase the contract amount by $43,800 per year and to execute a one year extension of the contract for the purchase of polymer to be used for coagulation of digested sludge at the Water Reclamation Plant.

4.08 Resolution 2014-069 accepting for permanent maintenance and releasing of security for the Water System Corrosion Protection, Project No. 2013-12.

4.09 Resolution 2014-070 accepting Parcel Map 9707, Toyota Dealership public improvements on Northfront Road, east of Vasco Road, for permanent maintenance; accepting on behalf of the public all real property offered for dedication within Parcel Map 9707, including Parcels A, B, & C (Right-of-Way for Northfront Road), & Public Utility Easement; and authorizing releasing of security.

4.10 Resolution 2014-071 establishing the appropriations limit for Fiscal Year 2014-15 and Resolution 2014-072 amending the appropriations limit for Fiscal Year 2013-14.

4.11 Resolution 2014-073 approving Fiscal Year 2014-15 Financial Plan and Resolution 2014-074 approving Fiscal Years 2014-2017 Capital Improvement Plan.

5. PUBLIC HEARINGS - None.

6. MATTERS FOR CONSIDERATION

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

6.02 Update on the 2014 Fourth of July Fireworks Celebration in the Downtown.

Recommendation: This report was for information only.

Permit Center Manager David Rashè presented the staff report.

In response to questions by CM Horner, Police Chief Michael Harris provided a detailed overview of crowd control measures for the event. He said over 50% of the sworn staff would be assigned to the event, and there would be a dispatcher dedicated to the event. He said control measures would begin at 4:00 pm the day of the event and would last through the duration of the celebration.

THE CITY COUNCIL RECEIVED THE REPORT.

6.03 Discussion and direction regarding ballot measures for the November 4, 2014 General Municipal Election.

Recommendation: Staff recommended the City Council provide direction.

THE CITY COUNCIL APPROVED THE LANGUAGE FOR THE BALLOT MEASURES AS PRESENTED.

City Clerk Susan Neer said the approved ballot measures would be included in the call for the November 4, 2014 election that would be presented for approval at the June 23, 2014 Council meeting.

6.04 Overview and Status Update of the Disposition and Development Agreement with Livermore Valley Performing Arts Center for 500-Seat Performing Arts Theater (Bankhead).

Recommendation: This report was for information only.

ITEM TO BE RESCHEDULED AT A FUTURE CITY COUNCIL MEETING.

6.05 Overview and Status Update of the Disposition and Development Agreement (DDA) with the Livermore Valley Performing Arts Center for a regional theater.

Recommendation: This report was for information only.

ITEM TO BE RESCHEDULED AT A FUTURE CITY COUNCIL MEETING.

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

7. 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 Councilmembers.

Smoking Ordinance CM Turner requested a review and discussion on incorporating e-cigarettes into the Citys smoking ordinance.

CM Horner said he did not have a report.

Livermore-Pleasanton Fire Department Joint Powers Authority (LPFD JPA) CM Gary said the Board unanimously approved the budget.

Lawrence Livermore National Lab (LLNL) VM Woerner said on June 4, 2014 he attended the Board of Governors Annual meeting where there was discussion regarding the plans for Livermorium Plaza.

Livermore-Amador Valley Transit Authority (LAVTA) VM Woerner said on June 2, 2014 he attended the Board meeting. He discussed the Citys current bus service and suggested changing to a hub and spoke service. He requested and received Council concurrence for staff to prepare a service options design pattern for consideration by LAVTA.

Water Conservation - Drought VM Woerner requested an update on the progress of water conservation measures.

Airport Land Use Commission (ALUC) Mayor Marchand said he attended the meeting on May 21, 2014 reviewing land use decisions and the impact of the Airport operations on a development site in Hayward.

City Employee Retirements Mayor Marchand said he attended the retirement ceremonies for Stacy Deaver, Finance Department, 19 years, and Captain Steve Gallagher, Police Department, 30 years.

Principal for a Day Mayor Marchand said on May 22, 2014 he was Principal for a Day at East Avenue Middle School.

Alameda County Transportation Commission (ACTC) Mayor Marchand said on May 22, 2014 he attended the meeting. He said the Transportation Expenditure Plan was reviewed in addition to a freight movement plan.

Citizen Police Academy Mayor Marchand said he attended the 25th Citizens Police Academy Graduation on May 22, 2014.

Granada High School Mayor Marchand said on May 23, 2014 he attended Granada High Schools 50th Anniversary celebration.

Outstanding Athlete Mayor Marchand said on May 29, 2014 he attended TV30s Outstanding Athlete of the Week awards.

Livermorium Day Mayor Marchand said May 30th was Livermorium Day; he described the various activities attended including a Google Hangout and presentation of the artists conceptual designs for Livermorium Plaza.

East Bay Regional Communication System Authority (EBRCSA) Mayor Marchand said on June 6, 2014 he attended the meeting. There was continued discussion on the City of Oaklands participation in EBRCSA.

St. Charles Borromeo Church Mayor Marchand said on June 8, 2014 he attended the 50th Anniversary celebration of St. Charles Borromeo Church.

Genesis Mayor Marchand said the Tri-Valley Mayors met with Genesis, a social justice organization, to discuss the importance of Measure BB.

Alameda County Transportation Commission (ACTC) Mayor Marchand said on June 9, 2014 he attended the I-580 Express Committee and received updates on the construction of HOV lanes. He also met with the Planning and Policy Committee regarding the Transportation Expenditure Plan.

White House Mayor Marchand said he received an invitation from the Office of the First Lady Michelle Obama to attend the Mayors Challenge Kick-off to End Veteran Homelessness on June 4, 2014 at the White House. He had conversations with the First Lady regarding the importance of ending veteran homelessness and providing additional resources in the Tri- Valley. He shared the Veterans Hospital in Livermore was a facility that could be utilized for returning veterans. He also met with HUD Secretary Shaun Donovan, Sloan Gibson from the Veterans Administration, and the First Ladys Chief of Staff, Tina Tchen.

8. a href="#" onClick="LCC.time(6944);return false;">ADJOURNMENT - at 9:13 pm to a regular City Council meeting on Monday, June 23, 2014 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.