PLEDGE OF ALLEGIANCE

PROCLAMATIONS AND PRESENTATIONS

CITIZENS FORUM

CONSENT CALENDAR

PUBLIC HEARINGS

MATTERS FOR CONSIDERATION

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF AND COUNCILMEMBERS

ADJOURNMENT

CITY COUNCIL MINUTES

November 24, 2014

________________________________________________________________ REGULAR MEETING

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

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

1.02 PLEDGE OF ALLEGIANCE

2. PROCLAMATIONS AND PRESENTATIONS

2.01 Airport Commission Annual Update.

Mayor Marchand rescheduled the Airport Commission Annual Update to a date to be determined.

2.02 Confirmation of the reappointment of James N. Doggett to the Alameda County Mosquito Abatement District Board of Trustees.

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

Derek Baker, spoke in support of the cannabis collective Tree of Life.

Sara Volking, Pleasanton, read Livermores precinct results for Alameda County Measure BB.

Fred Volking, Pleasanton, read excerpts from Admiral McRavens University of Texas commencement speech, Ten Life Lessons from Basic SEAL Training.

Judy Galletti, Livermore, spoke regarding the recent election and demanded a report at each City Council meeting regarding BART to Livermore.

Chris Pareja, Livermore, spoke regarding the recent election and Measure BB.

In response to questions by Mayor Marchand, City Manager Marc Roberts said the results of a recent survey of Livermore citizens showed over 70% were in support of BART to Livermore and to keep BART on the freeway. He said the survey also showed that the citizenry supported heavy rail overwhelmingly over buses and light rail that scored very low.

4. CONSENT CALENDAR

Item 4.03 Connie Kopps, Livermore, spoke against salary increases to City employees and said the money should be spent for improvements at the Springtown Library.

Mayor Marchand said the salary increases would restore employee salaries to the 2008 level. He said City resources were allocated to keep the Civic Center Library open seven days a week which had ten times the collection as did Springtown. He said Springtown Library had a program where books could be checked out twelve hours a day. He said a survey showed that the primary use of the Springtown Library was the return of books checked out from the Civic Center Library.

CM Turner said the City staff had put up with several years of no salary increases, had taken pay cuts, given up benefits and contributed to long-term medical resulting in a decrease to the Citys long term liabilities exponentially. She supported approval of the item.

CM Gary said the City Council was fiscally conservative and had taken several strategic priorities that had to be met before salary increases could be made. He said those strategic priorities included rebuilding the Citys reserves, making the annual actuarial required contribution to the unfunded medical liability, and bringing down the unfunded liability through collective bargaining with the employees. He said by meeting the strategic priorities, the results were shared with the employees who helped to balance the burden over the last six years.

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

4.01 Approval of Minutes November 10, 2014 regular City Council meeting.

4.02 Adoption of Ordinance 2012 amending Municipal Code Chapter 12.24, Tri-Valley Transportation Development Fee.

4.03 Resolution 2014-186 approving the Memorandum of Understanding between the City and the Livermore Management Group covering the period of September 1, 2014 through August 31, 2017; Resolution 2014-187 adjusting compensation and benefits for unrepresented Confidential Employees; and Resolution 2014-188 adjusting compensation and benefits for unrepresented Executive Management Employees.

4.04 Resolution 2014-189 approving City Manager employment contract amendment.

4.05 Resolution 2014-190 approving City Attorney employment contract amendment.

4.06 Resolution 2014-191 authorizing the Administrative Services Director to take all necessary actions in connection with the Security and Exchange Commission's "Municipal Continuing Disclosure Cooperative Initiative".

4.07 Resolution 2014-192 reducing Water Conservation Rates from Stage 3 to the Stage 1 level effective December 1, 2014.

4.08 Resolution 2014-193 authorizing execution of State Department of Transportation District Agreement No. 4-1827-A5 in connection with the I-580/Isabel Interchange; and accepting on behalf of the public, all real property offered for dedication by conveyance of State Parcel DD-033925-01-01 for roadway purposes.

4.09 Resolution 2014-194 approving the Golf Course Programs and Fees for the Las Positas Golf Course effective January 1, 2015.

4.10 Resolution 2014-195 of the City Council and Resolution LSA 2014-03 Livermore Successor Agency authorizing execution of an agreement to terminate the Disposition and Development Agreement for the Bankhead Theater.

4.11 Resolution 2014-196 of the City Council and Resolution LSA 2014-04 Livermore Successor Agency authorizing execution of an agreement to terminate the Disposition and Development Agreement for the Regional Theater.

5. PUBLIC HEARINGS

5.01 Hearing to consider a request to demolish a 60 room, Comfort Inn hotel, and construction of a new 65,825+/- square-foot, Home 2 Suites, Hilton branded hotel with 108 guestrooms, parking lot, landscaping, and related site improvements. In addition, the applicant is requesting a re-zoning from a Planned Development district to Highway Service Commercial (CHS).

Location: 2625 Constitution Drive

Applicant: Amrat Patel

On-site and off-site public improvements: None

Site Area: 2.4 acres

Zoning: Planned Development (Planned Unit Development 114-91)

General Plan: Business and Commercial Park (BCP)

Historic Status: None

CEQA: A Negative Declaration under the provisions of the California Environmental Quality Act (CEQA) will be considered for adoption.

Application Numbers: Site Plan Design Review Modification (SPAM) 14-012 and Development Code Amendment (DCA) 14-001

Recommendation: The Planning Commission and staff recommended the City Council adopt a resolution certifying the environmental document; adopt a resolution approving Site Plan Design Review Modification 14-012, and introduce an ordinance approving Development Code Amendment 14-001.

Senior Planner Scott Lee presented the staff report.

In response to questions by Mayor Marchand, Mr. Lee said the parking lots between the hotel and Costco would not be connected and there would not be an impact to the scenic corridor.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

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

Resolution 2014-197 adopting a Negative Declaration and certifying the environmental document. Development Code Amendment 14-001 and Site Plan Design Review Modification 14-012.

Resolution 2014-198 approving Site Plan Design Review Modification 14-012.

Ordinance introduced amending the Zoning District Map of the City of Livermore (Development Code Amendment 14-001 Home2 Suites).

6. MATTERS FOR CONSIDERATION

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

6.02 Discussion and direction regarding execution of a purchase and sale agreement with SunCal (Dublin Crossing Ventures, LLC), for the sale of approximately 178 acres of burrowing owl mitigation located on City-owned properties in Doolan Canyon.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the execution of a purchase and sale agreement and all related documents with SunCal (Dublin Crossing Ventures, LLC).

Assistant Planner Andy Ross presented the staff report.

VM Woerner said he wanted to ensure that the revenue would be utilized only for the acquisition, maintenance, and/or management of open space and agricultural lands.

In response to questions by Mayor Marchand, Community and Economic Development Director Stephan Kiefer said the Council could make a finding of public benefit for the funds to be used for the provision of water to the residents in Doolan Canyon (for health and safety use), not for agricultural use or for subdivisions.

In response to questions by Mayor Marchand, Geoff Smick, WRA, Inc., said an annual stipend for the monitoring of the easement would be from interest generated from the endowment. The monitoring would make sure there was no trespassing. He said burrowing owls required very low grass which required grazing to keep the grass line low. He said owls were already present on the Doolan Canyon property.

In response to questions by CM Horner, Mr. Smick said the mitigation was for burrowing owls and did not include kit foxes.

Mayor Marchand invited public comment.

Joe Guerra, SunCal and Dublin Crossing Ventures, said no active relocation of the owls was being required by the Department of Fish and Wildlife.

In response to questions by CM Horner, Senior Planner Steve Stewart said staff was not aware of another agency the City had contributed funds with to purchase habitat then sold mitigation value. He said East Bay Regional Park District (District) had developed mitigation for some capital projects on District property. He said the City did contribute $2 million for the Districts acquisition of a 640-acre parcel at the head of Doolan Canyon; those funds were for mitigation to the El Charro Specific Plan development of the Isabel Interchange. City Manager Marc Roberts said the funds used were Altamont Landfill Settlement fees; the committee had requested as a condition of granting those fees, that a portion of the fees be paid back if the City sold mitigation credits. He said traditionally, Altamont sources were combined with other sources to do acquisitions; in this particular case when the properties came on the market the timing was so quick staff was unable to assemble other funding sources. Because of this, the City was returning some of the funds to the Altamont; and, as the City was a voting member on the sub-committee, those funds would be used for acquisition in the area according to the Altamont Landfill Settlement agreement.

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

Resolution 2014-199 authorizing execution of a purchase and sale agreement and all related documents with SunCal (Dublin Crossing Ventures LLC) for the sale of approximately 178 acres of burrowing owl mitigation on the City-owned Doolan Canyon properties.

6.03 Financial Update Informational report.

Resolution accepting the Comprehensive Annual Financial Report for Fiscal Year 2013-2014 and other annual reports for the year ended June 30, 2014.

Recommendation: Staff recommended the City Council receive the Financial Update Informational Report (verbal) and adopt the resolution.

Administrative Services Director Douglas Alessio presented the Financial Update and staff report.

In response to questions by VM Woerner, Mr. Alessio said staff anticipated the unfunded liability had been reduced from $100 million to the $60 million range. He said the actuarial figures would be prepared and ready for the budget process in 2015. At that time, staff would also present an Other Post Employment Benefits (OPEB) funding policy that would outline the various strategies and commitment to funding OPEB. City Manager Marc Roberts said Council had provided the policy direction and the City had the ability to fully fund the problems. With regards to the deferred maintenance, Mr. Roberts said there would be a series of presentations starting in January 2015 to address deferred maintenance of the different asset classes.

CM Gary requested staff to present the unfettered whole story regarding the deferred maintenance, saying that if the City had critical infrastructure needing immediate financing, there needed to be a conversation with the community and build that into the five-to-ten year financial planning.

Mayor Marchand invited public comment.

John Stein, Livermore, said there should be an aggregate of unfunded liabilities including PERS, deficit in capital improvements and maintenance that should be transparent.

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

Resolution 2014-200 accepting Fiscal Year 2013-2014 Comprehensive Annual Financial Report (CAFR) and other annual reports.

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.

League of California Cities (LOCC) East Bay Division CM Horner said he attended the meeting on November 20, 2014. There was an election wrap-up and review; he noted there was a 72 year low in voter turnout. He said the League anticipated there would be an initiative to legalize marijuana on the ballot in 2016.

StopWaste.org CM Turner said she attended the meeting on November 19, 2014, where there was a discussion on the circulation of a petition to repeal the single-use plastic bag ban. She said Alameda Countys ban would not be affected by the initiative if passed.

Livermore Downtown Inc. CM Gary said he attended the monthly board meeting. There was a discussion on the Downtown Parking study along with partnerships and strategies regarding lighting, security and parking.

VM Woerner did not have a report.

Mayors Conference Mayor Marchand said he attended the conference on November 13, 2014. Alameda County Supervisor Scott Haggerty gave a presentation on current activities in District 1.

Local Agency Formation Commission (LAFCo) Mayor Marchand said he attended the meeting on November 15, 2014. He said there was a vote to extend the provisional sphere of influence for the Eden Hospital District and the Fairview Fire Protection District.

Innovation Tri-Valley Mayor Marchand said on November 14, 2014, he attended the Dreammakers and Risktakers event.

Hindu Community and Cultural Center Mayor Marchand said on November 15, 2014, he attended the prayer service for rain.

Water Round Table Mayor Marchand said on November 17, 2014, he attended the meeting. There was discussion on the diversification of supply.

Retirements Mayor Marchand said he attended the retirement events for Mike Mikasa, Mohammed Pournia, and Susan Reid.

Bankhead Theater Mayor Marchand said he attended the burning of the mortgage of the Bankhead Theater.

8. ADJOURNMENT at 8:21 pm in memory of Paul Weiss to a regular City Council meeting on Monday, December 8, 2014, at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:
JOHN P. MARCHAND, MAYOR

ATTEST:
SUSAN NEER, CITY CLERK