CITY COUNCIL MINUTES

November 25, 2013

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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 7:06 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

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

1.02 PLEDGE OF ALLEGIANCE

1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION

Acting City Attorney Jason Alcala said there was no reportable action; the Closed Session would be continued to after the regular meeting.

2. PROCLAMATIONS AND PRESENTATIONS

2.01 Proclamation honoring Marilyn Carter for her longtime support of veterans and their families.

Mayor Marchand presented the proclamation to Marilyn Carter. Ms. Carter introduced Patti Ising as the new City Coordinator for Military Support.

2.02 Presentation of the TRILINK Route 239 Feasibility Study by the Contra Costa Transportation Authority.

Contra Costa Transportation Authority Planning Manager Martin Englemann and consultants Steve Morton, Parsons Corporation, and Andrew Hill, The Planning Center, presented the study.

2.03 Airport Commission Annual Update.

Airport Commission Chairperson Dennis Vied presented the update.

3. CITIZENS FORUM

John Stein, Livermore, spoke regarding the possibility of the City and Livermore Area Recreation and Park District joining with the Livermore Valley Joint Unified School District on a bond measure. He said the City should have the old library evaluated prior to moving ahead with repurposing the building.

Jeff Kaskey, Livermore, spoke regarding the Livermore Cultural Arts Council working with the youth of the community to expose them to the arts. He introduced Lynn Monica who would be working with the schools.

Lynn Monica, consultant with Livermore Cultural Arts Council and the Bankhead Theater, spoke regarding the development of a program to engage students to develop an appreciation for the arts and culture.

4. CONSENT CALENDAR

Item 4.04 In response to questions by VM Gary, Human Services Program Manager Jean Prasher said the policies for the Commission for the Arts were recently amended to keep the Council more informed as to programs and activities. She said the banners would be rotated with the Art Walk program. VM Gary suggested seasonal or other event banners could provide variation and color to communicate with the community.

Item 4.05 John Stein, Livermore, said he supported approval of the item. He said the sole pine tree on the site should be maintained as it could mitigate some of the noise from the train.

In response to questions by Mayor Marchand, Community & Economic Development Director Stephan Kiefer said every effort would be made to keep the tree on the property.

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

4.01 Approval of Minutes - October 28, 2013 regular City Council meeting.

4.02 Adoption of Ordinance 1984 amending Municipal Code Chapter 11.08.070 (Airport Rules and Regulations) pertaining to the occupancy of corporate and executive hangars.

4.03 Adoption of Ordinance 1985 amending Municipal Code Title 15 - Building and Construction, to repeal old codes and adopt the new 2013 editions of the California Building, Electrical, Mechanical, Plumbing, Residential and Green Building Standards Codes, the 2012 edition of the International Property Maintenance Code, the 2013 California Fire Code, and adopt minor administrative corrections within the Building, Fire, Residential and Dangerous Building codes that will help clarify the intent of pertinent sections. The effective date of the ordinance will be January 1, 2014.

4.04 Resolution 2013-133 authorizing the expenditure of $8,720 of Arts in Lieu funding for the design and placement of banners identifying the Cultural Arts District in the Downtown, and approving and funding the Arts in School project to provide one live theater production to one elementary school each year.

4.05 Resolution 2013-134 authorizing execution of a Low Income Housing Agreement with MAS Realty, Inc. for the 10-unit development located near the intersection of First and Inman Streets. (Tract 8146)

4.06 Resolution 2013-135 amending Resolution No. 72-79 to add the job classification of Asset Management Specialist to the Association of Livermore Employees Salary Schedule; and Senior Management Analyst to the Livermore Management Group Salary Schedule.

5. PUBLIC HEARINGS

5.01 A. Hearing to receive comments regarding submission of the Fiscal Year 2013 Annual Action Plan for the City of Livermores Community Development Block Grant activity to the U.S. Department of Housing and Urban Development. The City of Livermore is amending the Fiscal Year 2013-14 Action Plan to include an application for a Section 108 loan guarantee in an amount not to exceed $820,000 to purchase the building occupied by the Tri-Valley Housing Opportunity Center at 145 North Livermore Avenue. This item was continued from the October 28, 2013 City Council meeting.

Recommendation: Staff recommended the City Council adopt the resolution authorizing the submission of the Action Plan and loan application.

Human Services Program Manager Jean Prasher presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

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

Resolution 2013-137 approving an amendment to the Fiscal Year 2013-2014 Action Plan and its submittal to the U.S. Department of Housing and Urban Development.

5.01 B. Resolution authorizing execution of a purchase and sale agreement with Tri-Valley Housing Opportunity Center to acquire properties located at 141-145 and 147-149 North Livermore Avenue; appropriation of up to $20,000 in City Housing Trust Funds for the acquisition costs; and execution of all related documents.

Recommendation: Staff recommended the City Council adopt the resolution.

Housing Specialist Frances Reisner presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

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

Resolution 2013-136 authorizing execution of a purchase and sale agreement with Tri-Valley Housing Opportunity Center for the acquisition of properties located at 141-149 North Livermore Avenue and an appropriation of up to $20,000 in City Housing Trust Funds towards due diligence and escrow costs for the purchase.

6. MATTERS FOR CONSIDERATION

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

MATTERS FOR CONSIDERATION: LIVERMORE MUNICIPAL AIRPORT The following Livermore Municipal Airport items were presented and considered concurrently:

Public Works Director Dan McIntyre and Airport Manager Leander Hauri presented the staff reports for items 6.02 A, B and C.

6.02 A. Resolution authorizing appropriation of funds in the amount of $715,490, execution of an agreement with Diede Construction Inc., in the amount of $4,078,000, for the construction of the Livermore Airport Administration Building, Project No. 2007-11, and execution of the Fourth Amendment to the agreement with the Dahlin Group, in the amount of $45,000, for design services.

Recommendation: Staff recommended the City Council adopt the resolution.

Mayor Marchand invited public comment.

Eugene Wheeler, Livermore, spoke in support of the approval of the Livermore Municipal Airport Administration Building and expressed concern for managing the fuel costs.

Patrick Burklund, Livermore, spoke in support of the approval of the Livermore Municipal Airport Administration Building. He said the airport would become a dirt strip if the proposed improvements were not made. He said an FBO at the airport would not create more environmental pollution as there would be fewer flights for maintenance at other locations.

In response to questions by Mayor Marchand, Airport Manager Leander Hauri said the airport had regained some tenants and maintained a base of 500 aircraft since 1987. He said the length of the waiting list for T-hangars was approximately twelve to eighteen months; for larger hangars the wait list was much longer. He said there were approximately 180 names on the wait list.

In response to questions by Mayor Marchand, Public Works Director Dan McIntyre said the debt service of $200,000 annually was repayment for several airport projects that had been included in the last certificates of participation with the City.

B. Resolution authorizing execution of a restaurant lease agreement with Chef Chacon's Vineyard Table, LLC for restaurant and concession space at the Livermore Municipal Airport.

Recommendation: Staff recommended the City Council adopt the resolution.

Mayor Marchand invited public comment. There were no speakers.

C. Resolution authorizing execution of a long-term ground lease agreement with Five Rivers Aviation, LLC for a Fixed Base Operator (FBO) at the Livermore Municipal Airport.

Recommendation: The Airport Commission and staff recommended the City Council adopt the resolution.

Mayor Marchand invited public comment.

Angelina Summers, Pleasanton, questioned the hours pilots could legally fly into and out of the Livermore Municipal Airport, if there had been any violations by Livermore pilots, and why planes changed directions when landing or taking off. She said she had to contend with the noise from airplanes, trains, and the freeway.

Leonard Summers, Pleasanton, said he was no relation to the previous speaker and was a tenant at the airport. He spoke in support of the item stating there was a lack of services at the airport and this was an opportunity for the airport to generate tax revenue for the City.

Scott Wallace, Pleasanton, said he was a pilot and the current infrastructure at the Livermore airport was challenging. He spoke of the conveniences at other area airports. He supported the FBO and said it would improve the airport and the City.

Bruce Anderson, Livermore, said the direction in which planes took off and landed changed seasonally when the wind direction changed. He said planes took off into the wind in order to get lift; however, there was no lift when planes took off with the wind. He said when the tower was closed, pilots communicated with each other over the radio. He spoke in support of the airport and the improvements. He said more hangars would provide protection to planes from environmental damage.

Rick Tutt, Stockton, spoke in support of and the need for fixed based operations at the airport. He gave his personal recommendation and endorsement of Five Rivers Aviation, LLC.

Gene Wheeler, Livermore, spoke regarding the need for a fixed based operator at the Livermore airport.

Mark Dedon, Dublin, pilot and tenant, spoke in support of the fixed base operator at the Livermore airport. He said an FBO at the airport would be beneficial for economic stability at the airport and would make it more affordable to conduct environmental studies.

Bob Tacknott, tenant, spoke in support of the airport. He gave his personal recommendation and endorsement of Five Rivers Aviation, LLC. He spoke of the benefits of the airport including medical, air ambulance, Air Angel flights, law enforcement, homeland security, disaster relief, emergency landings and many more.

Kevin McDonnell, Pleasanton, tenant, spoke regarding the safety and long runways of the airport. He said the services and maintenance required were not available in Livermore and he had to fly elsewhere. He spoke in support of the fixed based operator at the Livermore airport and said the number of operations would be reduced because services could be obtained on site.

Mayor Marchand read a letter from Mary K. Williams concerning the environmental impact report (EIR) stating it was obsolete and should not be used for approval of this item.

In response to questions by Mayor Marchand, Acting City Attorney Jason Alcala said the environmental document had been reviewed and was determined to be viable.

There were no more speakers.

In response to questions by CM Horner, Airport Manager Hauri said planes could land at the airport 24 hours a day. He said there were different procedures pilots followed to access the airport whether the control tower was active or not. He said the runway lights were on at 10% intensity at all times and automatically turned off 15 minutes after usage. He said the after-hours lights were activated on an as-needed basis by a pilot controlled lighting mechanism.

CM Woerner commented that the number of aircraft at the airport did not impact the number of aircraft landings and take-offs. He noted the number of complaints had dropped off drastically.

Mayor Marchand said the height of airport operations was in 1993 with over 280,000 take-offs and/or landings. In response to questions by Mayor Marchand, Mr. Hauri said the EIR forecasted 220,000 operations in 2030.

Mayor Marchand referred to the FAA Modernization Act of 2012 which would effectively ban Stage II jets. Mr. Hauri said the loud Stage II jets would no longer be allowed after January 2016.

VM Gary said the Livermore Municipal Airport was a federal airport facility that was supported with federal funds; the proposed improvements were within the EIR and the Airport Master Plan and requests for businesses must be accommodated. He said the airport was an economic engine in the tri-valley and with more services provided to tenants would reduce the number of flight operations.

ON THE MOTION OF VM GARY, SECONDED BY CM HORNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:

Resolution 2013-138 authorizing appropriation of funds in the amount of $715,490, execution of an agreement with Diede Construction Inc., in the amount of $4,078,000, for the construction of the Livermore Airport Administration Building, Project No. 2007-11, and execution of the Fourth Amendment to the agreement with the Dahlin Group, in the amount of $45,000, for design services.

Resolution 2013-139 authorizing execution of a restaurant lease agreement with Chef Chacon's Vineyard Table, LLC for restaurant and concession space at the Livermore Municipal Airport.

Resolution 2013-140 authorizing execution of a long-term ground lease agreement with Five Rivers Aviation, LLC for a Fixed Base Operator (FBO) at the Livermore Municipal Airport.

6.03 MATTERS FOR CONSIDERATION: APPOINTMENT OF VICE MAYOR

Recommendation: Staff recommended the Mayor appoint a Vice Mayor.

Mayor Marchand appointed Councilmember Woerner as Vice Mayor. Mayor Marchand presented a plaque honoring and thanking outgoing Vice Mayor Stewart Gary for his service for the past year.

6.04 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.

Intergovernmental Committee CM Horner said on November 20, 2013 he attended the meeting. He said the Livermore Valley Joint Unified School District discussed the potential for a general obligation bond issue for the ballot in 2014. He said a needs assessment study needed to be completed. He said there were comments shared by the Livermore Area Recreation and Park District regarding the lack of success with a youth center.

Tri-Valley Transportation Council (TVTC) CM Horner said he attended the November 19, 2013 meeting. He said different multi-modal transportation objectives and standards were still being discussed.

Police Volunteer Academy CM Horner said on November 21, 2013 he attended the Annual Recognition Dinner at The Barn. He said there were over 6,000 hours of volunteer service from the Police Volunteers.

CM Turner said she had nothing to report.

Livermore Amador Valley Transportation Authority (LAVTA) VM Woerner said he attended the Projects and Services Sub-Committee meeting on November 25, 2013. He said the main topic of discussion was how to encourage more youth to ride buses on a regular basis. He said there was a discussion on ensuring accessibility for the disadvantaged youth to use the buses.

VM Woerner expressed thanks and appreciation to Livermore police officers for their responsive actions to recent serious incidents in the community.

City Council Chamber Upgrade CM Gary responded to John Steins comments during Citizens Forum, stating the City had already begun to explore the possibility of partnering with the school and park districts on capital construction bonds.

Livermore Downtown Inc. (LDI) CM Gary said he attended the recent Board meeting. He encouraged everyone to shop in downtown Livermore.

Mayors Conference Mayor Marchand said he attended the November 13, 2013 meeting where there was a presentation from ABAG on One Bay Area.

Local Agency Formation Commission (LAFCo) Mayor Marchand said on November 14, 2013 he attended the meeting. There was a review of the Sphere of Influence for the Fairview Fire Department and the Eden Township Health Care District.

Asbury Methodist Church Mayor Marchand said on November 17, 2013 he attended an interfaith service.

East Bay Economic Development Alliance Mayor Marchand said on November 18, 2013 he attended the meeting. The Port of Oakland Director Chris Lytle was introduced.

Academic Olympics Mayor Marchand said on November 20, 2013 he attended the awards ceremony for the Academic Olympics at Junction School K-8.

Police Volunteer Academy Mayor Marchand said on November 21, 2013 he attended the Annual Recognition Dinner at The Barn.

8. ADJOURNMENT The meeting was adjourned at 9:02 pm in memory of Livermore-Pleasanton Fire Captain Paul Chenkovich, to the continued Closed Session.