CITY COUNCIL MINUTES

July 8, 2013

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REGULAR MEETING

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1. CALL TO ORDER/ROLL CALL The meeting of the City Council was called to order by Mayor John Marchand at 7:04 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

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1. CALL TO ORDER/ROLL CALL Present: Mayor John Marchand, Vice-Mayor Stewart Gary, and Councilmembers Doug Horner and Bob Woerner. Councilmember Turner was absent/excused.

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1.02 PLEDGE OF ALLEGIANCE Boy Scout Troop 900 led the Pledge of Allegiance.

2. PROCLAMATIONS AND PRESENTATIONS 2.01

2. PROCLAMATIONS AND PRESENTATIONS 2.01 Confirmation of Advisory Body Appointment and Administration of Oath of Office Historic Preservation Commission Appointment of Barbara Savoy to an unexpired term ending May 1, 2014. ON THE MOTION OF CM WOERNER, SECONDED BY CM HORNER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENT OF BARBARA SAVOY TO AN UNEXPIRED TERM ENDING MAY 1, 2014.

Administrative Technician Sarah Bunting administered the oath of office.

2.02 Proclamation honoring City Attorney John Pomidor on his retirement Mayor Marchand presented a proclamation honoring City Attorney John Pomidor on his retirement.

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3. CITIZENS FORUM Robert S. Allen, Livermore, thanked staff for the response to his comments at a previous meeting regarding plan lines for BART along I-580.

Cindy Angers, Livermore, spoke in opposition to the proposed Garaventa Hills project and expressed concerns regarding obstruction of the knolls and grading at the site.

John Stein, Livermore, spoke regarding a recent Supreme Court land use decision and purchasing land rather than easements in North Livermore.

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4. CONSENT CALENDAR 4.06 In response to questions by Vice Mayor Gary, City Attorney John Pomidor said the item was a routine call for destruction of obsolete records. He said necessary records were kept for historical purposes, but many records serve no purpose to be permanently retained.

4.01 Pat Ferguson, Livermore, spoke regarding the procedure for contesting a process. She said the minutes should include the procedure and what power the people had for planning and zoning changes.

4.06 Pat Ferguson, Livermore, said she was troubled by the City looking at ways to restrict public access to records. She spoke regarding failed policies in Oakland, Section 8, and locking people into poverty; and said corruption might not be found until years after it happened.

Mayor Marchand said an appeal process could not begin until an application had been received by the City; in accordance with the Brown Act, the City Council could not deliberate on items not on the agenda. Once an application was received, the public could comment to the Planning Commission and City Council, or appeal a decision of the Planning Commission to the City Council.

Mayor Marchand said many important records were kept permanently, but items not considered of historical importance were not retained.

Item 4.04 Mayor Marchand said the properties in need of rehabilitation would be low-income housing for veterans.

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

4.01 Approval of minutes - June 24, 2013 regular City Council meeting.

4.02 Resolution 2013-073 authorizing execution of an agreement with Alameda County for receipt of Home Investment Partnership Program (HOME) funding in the amount of $89,437 for Fiscal Year 2013-2014.

4.03 Resolution 2013-074 updating the City's Investment Policy.

4.04 Resolution 2013-075 appropriating $300,000 in City Housing Trust Funds to establish an acquisition loan fund for Habitat for Humanity East Bay/Silicon Valley to purchase single-family properties in need of rehabilitation in Livermore for the purpose of resale to low-income, first-time homebuyers, and authorizing execution of all related documents.

4.05 Resolution 2013-076 authorizing the levy of annual assessments for the Landscape Maintenance Districts (LMD) for Fiscal Year 2013-2014, directing the filing of the Annual Engineers Report, and establishing July 22, 2013 as the public hearing date for the Annual Levy of Assessments; Resolution 2013-077 approving maintenance policy for major street backing lot treatment; and Resolution 2013-078 appropriating additional General Funds in the amount of $40,674 for the Annual LMD Program.

4.06 Resolution 2013-079 authorizing the destruction of certain City records no longer needed or required for City business.

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5. PUBLIC HEARINGS 5.01 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 adopt the resolution overruling protests and confirming assessments - Livermore Sanitation Accounts, and directed staff to forward the finalized assessment report to the County Tax Assessor. Public Works Manager Judy Erlandson presented the staff report.

Mayor Marchand opened the public hearing.

Ken Bradley, Livermore, requested properties at 758 Hanover Street, 285 Jensen Way, 1361 Cameo Court, 2281 Linden Street, and 989 Madrona Way, be deleted from the list. He said there were instances where both new and old tenants were billed for a single service; Livermore Sanitation did not have records for some of the properties; and not all owners had received the same notices. He said he had not been informed that property managers could receive notification.

There were no more speakers and the hearing was closed.

In response to questions by Mayor Marchand, Ms. Erlandson said property owners and tenants, if applicable, were notified of bills; property owners would be responsible for forwarding the information to property managers unless they had designated the property managers as recipients of those letters. She said if the responsibility had been delegated, property managers could access the information by calling Livermore Sanitation.

VM Gary requested staff meet with Mr. Bradley and Livermore Sanitation to double-check the properties before proceeding.

In response to questions by Mayor Marchand, City Attorney John Pomidor said the City Council could continue the hearing to a particular date for those properties and impose as to the rest of the properties. Ms. Erlandson said if the decision were deferred for thirty days, it would be too late to add the properties and the amount would be assessed next year.

ON THE MOTION OF MAYOR MARCHAND, SECONDED BY VM GARY AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION: Resolution 2013-080 confirming assessments Livermore Sanitation Accounts; and directing staff to forward the finalized assessment report to the County Tax Assessor.

THE CITY COUNCIL CONTINUED THE PUBLIC HEARING ON THE FOLLOWING PROPERTIES TO THE JULY 22, 2013 REGULAR CITY COUNCIL MEETING: 758 HANOVER STREET, 285 JENSEN WAY, 1361 CAMEO COURT, 2281 LINDEN STREET, AND 989 MADRONA WAY

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

6.02 Discussion and direction regarding lease negotiations for an Airport Full Service Fixed Base Operator (FBO). Recommendation: Staff recommended the City Council direct staff to commence ground lease negotiations with Five Rivers Aviation, LLC, and thereafter return to the City Council for approval of the negotiated ground lease.

Airport Manager Leander Hauri presented the staff report.

Mayor Marchand invited public comment.

Scott Wallance, Pleasanton, spoke in favor of the development and said having crew car capabilities would be positive for Livermore.

Harpal Sandhu, Five Rivers Aviation, LLC, spoke in support of the project and said having a full service fixed-base operator would make a world of difference to a pilot.

Karen McMullen, Livermore, spoke regarding past opposition of development at the airport and said the City should allow time for people to come forth and speak their opinion. She expressed concerns that building an FBO would mean attracting more aircraft, that the demand was not there, and that the EIR was probably out of date and needed to be addressed.

Mathew Steinberg, Livermore, said he lived in the airport flight path and believed the City Council should open the item to a public hearing with broader notification.

In response to questions by Mayor Marchand, Mr. Sandhu said jets did not come to Livermore because there was a cab waiting for them; jets came to Livermore because there were businesses here. Jets had to come twice as often because there was no place to park; building facilities supporting the aircraft would reduce operations by half. He said having an FBO would serve the aircraft that were already coming to Livermore, would reduce the number of operations and make it more pleasant for residents, and provide revenue to the City.

There were no more speakers.

In response to questions by Mayor Marchand, Mr. Hauri said the original hearings for the FBO started in 2006 when the City Council confirmed the need for an FBO based on an economic study. In June of 2007 the City Council approved a long-term ground lease with Livermore Air Center (LAC); due to the recession in 2008, the project didnt take off. He confirmed the City had gone through an extensive public hearing process; he said the only thing significantly different in this FBO was the LAC proposal had included sixty-five T-Hangars and small box hangars on the south side and there was currently no market for these types of hangars.

Mr. Hauri said scheduled flights could not be coming into the airport; the FBO would be taking over what the City was trying to do, but couldnt do very well. He said the private industry could take better care of passengers with a lesser degree of liability. He said the FBO had been comprehensively reviewed in the 2009 Environmental Impact Report in a very public forum.

In response to questions by CM Woerner, Public Works Director Dan McIntyre said the net to the enterprise fund would be about $70,000 less and the proposal was also suggesting maintenance would be increased by about $300,000.

In response to questions by CM Woerner, Mr. Hauri said staff had looked at the impact of the suggested increase in fuel costs to recreational pilots. He said in 2012, tenants bought an average of 25.5 gallons of gas at the self-serve facility; the cost was $136 at that time, or $5.34 per gallon. He said on average, if the FBO charged 10% more, the owner would pay about $13.00 more. Staff also did a comparative analysis and looked at nearby airports such as Byron, Modesto, and Lodi which were within 5% of the Citys price.

In response to questions by CM Horner, Mr. Hauri said when the airport was rezoned in 2010, the size of the airport operations and eventual build-out size were greatly reduced. He confirmed the new FBO proposal was consistent with the reduction in size and operations were even further reduced.

VM Gary requested staff provide the Master Plan staff report, the rezoning and the Environmental Impact Report documents to the three newer Council members.

In response to questions by VM Gary, Mr. Hauri said he did not have data on why aircraft came and went; there were no Federal Aviation Administration (FAA) logs for that.

In response to questions by VM Gary, Mr. McIntyre said the City had no liability at all; the lease was 35 years with privately funded improvements and the City was not in any backup position, had no responsibility to complete the improvements, and had no liability if there was a default on the loan after the improvements were built.

In response to questions by Mayor Marchand, Mr. Hauri confirmed the noisier stage-two jets were being phased out. He said the City was prohibited by the FAA from imposing limitations on the times and types of planes coming to Livermore, but the FBO could impose limitations on their own tenants.

ON THE MOTION OF CM HORNER, SECONDED BY VM GARY AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION: Resolution 2013-081 directing staff to negotiate a long-term Fixed Base Operator Ground Lease Agreement with Five Rivers Aviation, LLC, for property on the Livermore Municipal Airport and to process the development application.

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

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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. CM Horner said he had nothing to report.

Livermore Amador Valley Transit Authority (LAVTA) CM Woerner said on July 1, 2013 he attended the board meeting where bus service routes were discussed including more convenient service between Livermore libraries.

Chamber State of the City Address VM Gary said on June 27, 2013 he attended the presentation by Mayor Marchand.

Fourth of July Celebration VM Gary said he attended the celebration and complimented the Executive Director of Livermore Downtown Inc. on the event. He said taxpayers did not pay for the event; if enough people did not attend the show and pay for the fireworks, there would not be an event in Livermore.

Livermore Cultural Arts Council (LCAC) Mayor Marchand said on July 3, 2013 he attended the meeting where discussion included a show at the Library, development of a calendar of events, and the LCAC newsletter moving from mail to email distribution.

Fourth of July Celebration Mayor Marchand said he attended the celebration and said it was a community event that people had to support or it would go away. Mayor Marchand thanked Livermore Downtown Inc., the Fire Department, the Police Department, and the event volunteers.

Mayor Marchand requested an update on fees related to development.

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8. ADJOURNMENT at 8:24 pm to a regular City Council meeting on Monday, July 22, 2013 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.