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HomeMy Public PortalAboutCC MINS 06-25-2007LIVEI~'1,~/I^,,FRE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING MINUTES JUNE 25, 2007 REGULAR MEETING 1. CALL TO ORDER -The meeting of the City Council/Redevelopment Agency was called to order by Mayor/Chairperson Marshall Kamena at 7:07 p.m. in the City Council Chambers, 3575 Pacific Avenue, Livermore, California. 1.01 ROLL CALL - Present: Mayor/Chairperson Kamena, Vice-Mayor/Vice- Chairperson John Marchand, and Councilmembers/Agencymembers Lorraine Dietrich, Marj Leider, and Tom Reitter. CM Leider participated in Items 1 through 3, 5.01 and 6.03. She was not present for the remaining items. 1.02 PLEDGE OF ALLEGIANCE 2. PROCLAMATIONS AND PRESENTATIONS 3. CITIZENS FORUM David Williams, Livermore, said he has not received a response to his letter to the City Council and City Manager regarding accidents at Sunset School, Wente Park and Kingsport Avenue. He said this meeting should have been changed to a different location in anticipation of a large turnout because of the airport issue. Gary Smith, Livermore, said the City required him to put his Stop the Jetport sign in his front yard on stakes. John Stein, Livermore, said the City needs to preserve large trees in the downtown area. He said clear Plexiglas boxes should be attached to the wall for the speaker cards. Jim Simmons, said he works at Sandia National Laboratories and can be reached at 294-2912 if anyone needs any assistance. Robert S. Allen, Livermore, spoke regarding grade sensitivity pertaining to freight railroads. He presented a regional rail concept recently distributed at a BART Board meeting. He said the Council should encourage Caltrans and ACCMA to leave space in the 1=580 median for BART to the Altamont Pass. CM/67/370 Minutes JUNE 25, 2007 Kevin Adler, Livermore, a recent college graduate, presented his program, Livermorons kNOw More and asked for the Council's endorsement of this college awareness and readiness program for high school students and their parents. Mayor Kamena reordered the agenda. 6. MATTERS FOR CONSIDERATION 6.03 Discussion and direction regarding the composition and scope of work for a Cultural Arts Master Plan funding options task force. (06-11-2007) Recommendation: Staff recommended the City Council provide direction. IT WAS MOVED BY VM MARCHAND, SECONDED BY CM REITTER, TO APPROVE THE LIST OF CULTURAL ARTS FEE TASK FORCE PARTICIPANTS AND THE SCOPE OF WORK OUTLINED IN THE STAFF REPORT. CM Reitter verified, there will be 17 members on this task force, 5 of whom will be selected by the Chamber of Commerce. THE MOTION CARRIED ON A 5-0 VOTE. 5. PUBLIC HEARINGS 5.01 Hearing to amend Municipal Code Section 11.08, Airport Rules and ._ Regulations, to include but not limit the administration of airport operations and property. management and relinquishment of City fuel sales; to amend Section 2.41.020, Airport Advisory Commission Duties and Responsibilities, to clarify authority of the Commission; .and adopt resolutions 1) approving minimum standards for Commercial Aeronautical Activities, 2) a Long-Term Ground Lease Agreement for Full-Service Fixed Base Operator and Hangar Facilities with Livermore Air Center, LLC, 3) an •adjustment to the Airport Rates and Charges for Fiscal Year 2007/2008. Discussion and direction regarding Airport Noise Monitoring. . Recommendation: Staff recommended the City Council introduce ordinances to amend the Municipal Code, Chapter 11.08, Airport Rules and Regulations and Section 2.41.020, Airport Advisory Commission Duties and Responsibilities and adopt resolutions approving the Minimum Standards for Commercial Aeronautical Activities, the Long-Term Ground Lease Agreement for Full-Service Fixed Base Operator and Hangar Facilities with Livermore Air Center, LLC, and the adjusted Airport Rates and Charges for Fiscal Year 2007/2008. Staff recommends the City Council provide direction regarding a Request for Proposal to initiate ashort-term Airport Noise Monitoring study. Dan McIntyre, Public Works Director, presented the staff report. -- In response to questions by Mayor Kamena, Mr. McIntyre said the most common activities of fixed based operators (FBO) include building hangars, dispensing fuel, and overhauling engines. He said there are currently seven FBOs at the airport, including the JUNE 25, 2007 Minutes CM/67/371 City's fuel sales. He said if the recommendation passed, the City FBO would be replaced on a one-to-one basis. He said the maximum size of the proposed hangars would not be large enough to accommodate large jets; some of the very smallest jets may be able to fit into the 27 feet medium sized hangars. He said the proposed hangars will be located on the south side; the FBO's office and lounge will go where the existing tie-downs are currently located. He said there are 145 tie-downs on the north side. He said authorizing 65 hangars would eliminate 130 tie-downs, resulting in a net reduction in number of aircraft storage spaces at the airport. He said since 1999 there has been a 30% reduction in the number of take-offs. In response to questions by CM Dietrich, Mr. McIntyre said the advertisement in the June 21, 2007, Independent has several untrue assertions. He said the City only has 25 large hangars, and only 6 jets are based at the airport. He said in June 2006, the City Council directed the solicitation of proposals for small box hangars. He said the proposed hangars are smaller than the 25 existing large hangars at the airport. He said the airport is not being expanded; there is no physical growth in the boundaries of the airport or in the physical infrastructure that would add to the existing capacity. He said the City fuel services are being transferred to a private operator, and many aircraft already based in outdoor tie-downs will fill the new hangar space. He said the Livermore Airport Manager is not encouraging jets to be based at the airport. He said that in response to the recent issuance of a nationwide capacity assessment by the F.A.A., the airport manager actually commented to the Valley Times that all general aviation airports provide capacity for all types of small aircraft to the benefit of the entire national aviation system. He said the Livermore Municipal Airport has been a general aviation airport serving this reliever function for 42 years. He said local aircraft are based here rather than Oakland International or San .Jose-Mineta airports. He said it is an untrue assertion that the Minimum Standards for Commercial Aeronautical Activities is a blueprint for transforming the airport into a corpora#e jetport. He said the overall development of the airport is governed by the General Plan, the Livermore Zoning Code, and the 1975 Airport Master Plan. He said the minimum standards are restrictive rather than permissive and preclude certain small-scale businesses that are injurious to existing FBOs at the airport. He said the FAA has reviewed the minimum standards and determined that this limitation does not constitute "unjust economic discriminations." He said the services requested by the Minimum Standards for a full service FBO include airframe and power plant repair, hangar keeping, and fueling service as approved by the City Council in June 2006. He said the Minimum Standards and Lease Agreement allow for commercial activities,. including air charter and air cargo services. He said the overall development of the airport is governed by the General Plan, the Zoning Code, and the 1975 Airport Master Plan. He said the Minimum Standards control the nature of commercial aeronautical activities that the City Council might entertain, and he said the Council is under no obligation to do so. CM Dietrich said the two accurate statements in the ad are the meeting date and the Minimum Standards. for a full service FBO include airframe and power plant repair, hangar keeping and fueling service. In response to questions by VM Marchand, Mr. McIntyre said the City is not rezoning to a commercial airport and is staying arecreation/educational airport. CM/67/372 Minutes JUNE 25, 2007 In response to questions by Mayor Kamena, Mr. McIntyre said the Livermore Municipal Airport is not certified by the FAA to receive scheduled passenger service. He said the City is under no obligation to pursue such certification, and the City Council has not directed staff to take any steps to do so. Mayor Kamena said there is no proposal for rezoning or scheduled passenger service. In response to questions by CM Reitter, Mr. McIntyre said someone would have to get direct approval from the Council for air cargo or. air taxi service; it is not part of what is being proposed. He said there are options for the FBO to,construct the administration building and lease it to the City or for the FBO to design and build it and then sell it to the City. He said both options have to be evaluated; however, the purchase option appears to be the most financially advantageous. He said there is approximately $450,000 in revenue from the fuel flowage fee, the percentage of gross rent proceeds received, and a fixed ground lease rent rate. He said there will be cost savings to the City with the elimination of seasonal and weekend staff, and airport staff will be able to concentrate on maintenance activities. He said the airport is a municipal enterprise fund which is a separate, stand-alone business that does not receive from or contribute to the General Fund. He said there has been a lot more focus on the airport from the Pleasanton and Livermore communities in the past few years.' He said staff has been doing its best to get the pilots to fly as courteously as possible. He said it is possible to break the one-week noise monitoring program into segments to capture different cycles. He said the Pleasanton/Livermore Liaison Committee could establish the sound baseline conditions. He said the City of Pleasanton did a comprehensive noise study five or six years ago, and some of that data can be used to create a baseline. In response to questions by Mayor Kamena, Mr. McIntyre said the Livermore Air Center serves the Monterey Airport, which has a mix of jets and propeller aircraft that. is very similar to Livermore's airport. He said Livermore Air Center has demonstrated they can effectively service both categories of planes. CM Leider said the City Council has no intention of extending the runways at the airport. She said wind direction dictates the take-off directions. She said the statistics of the complaints for noise show the complaints vary with the direction of the wind. She said most of the complaints come from Pleasanton because the prevailing winds come from the west. John Mahoney, Livermore Chamber of Commerce, said the Chamber supports the proposal. He said the Chamber feels the airport contributes significantly to the local economy and to the benefit of the residents. He said the Chamber supports awarding the long-term FBO lease contract to Livermore Air Center because the FBO provides services to the aviation community that help~support and enhance the local community. Kim Hunter, said the Minimum Standards give the appearance of a monopoly or an under-the-table subsidy for particular operators. He said fuel prices are not going to get any better, and the first people to drop out of the game will be those that don't need the flight operations in furtherance of their business. He questioned whether the enterprise fund will be able to hold its own. He suggested the Council re-examine trying to recruit corporate jet.traffic to base at the airport. JUNE 25, 2007 Minutes CM/67/373 Greg Olsen, Livermore, said it used to be a rare event to see a jet fly over his home, but now it happens every day. He said there are more jets every year. It is very distracting and is affecting his quality of life. He does not want the airport to close but wants to keep it small to serve the recreational pilots. He said the jets that fly over after 10 p.m. and in the early morning sound as if they are going to land in his backyard. He said the Council - should not approve any infrastructure that will encourage more jets to use the Airport. Nick Fitton, said there are 6 to 12 jets a day. He said his family's conversations have to cease until the jets have passed over. He said this is a noise issue so it does not matter how many tie-downs, hangars and planes there are. He said the residents don't want more noise, and the City does not want to change the nature of the airport. He said the Minimum Standards should include a guarantee in writing that noise will not increase. In response to questions by Mayor Kamena, Mr. Fitton said the jets are about 100 feet above his house. Paul R. Bonderson, Jr., said he uses the airport. He said two of his aircraft are housed in Concord because no hangars are available at the Livermore Airport. He said Alameda County has lost over $750,000 in personal property tax because of this. He said he has never made a decision to land at an airport based on whether or not there was an FBO there. He said he lands because it is close or convenient to where he does his business. Ann Hepner, Livermore, said this is a noise issue. She said she has been told that if the noise is bothering her she should get new windows or run her air conditioner. She said a one-week noise study is not fair, and she believes anything can be manipulated for a week. Dave Dent, Livermore, said he was at the opening day for the airport. He said progress ""' cannot be stopped, and airplanes are going to keep coming. He said the planes are going to be larger and quieter, in addition to more jets. He said the noise can be controlled to some extent. He said the Council should approve the staff recommendation. Adriana Klugman, Livermore, said they did not buy a house in Livermore with a $4,000 monthly mortgage to have increased noise and pollution and a decreased value of housing. She said if the airport is expanded there will be a lack of quality of life. She said there is no need for the airport expansion. Kathy Chase, Livermore, said this has been a 2 '/2 year discussion filled with distortions and gross exaggerations. She said the Livermore Air Center proposal is an extremely good compromise. She said commercial and residential development, not the airport, drives the jet and prop traffic. She said an FBO is not going to affect how many operations come in and out of the airport; development will. She said this is part of modern life; and unfortunately, modern life is noisy. She said noise monitoring can be done periodically to monitor any major changes. She said this airport is not equipped to be a major jet center and said only three of the six jets based in Livermore actually fly. George Hefner, Livermore, said he supported Council approval of the airport improvements. He said he enjoys seeing the planes, and the sounds are not disturbing to him and his family. He said the airport is a great asset to the City. He said those who .~..., CM/67/374 Minutes JUNE 25, 2007 oppose the improvements are not interested in what is best for the City but for their own self interest. He urged the Council to do the right thing for the majority of the citizens of Livermore and not for the vocal few that are opposed to the improvements at the airport. Ralph Cloud, Livermore, said the agreement with Livermore Air Center will provide much-needed services. He said their business plan does not require them to pull in more aircraft; the current level of operations and fuel sales will allow them to remain fiscally viable. He said jet operations at Livermore Airport still account for only 1 % of the airport's total traffic. He said the number of based aircraft may increase slightly as a result of the new hangars, but this does not affect or translate into an increase in the. number of operations. He said aircraft operations are primarily affected by the cost of fuel and the prevailing macroeconomics. He said since 1999 there has been a downward trend in annual operations. He supported staff's recommendation. Purnam Sheth, Pleasanton, said in awarding this lease, the City has not complied with CEQA, which indicates that when a City awards this type of lease, an appropriate environmental analysis must be done. He said the review cannot be tiered under the Livermore Master Plan, since it must take into account anything within a two miles radius, which includes Dublin and Pleasanton. In addition, CEQA requires that a project's environmental impacts be considered as early as possible in the approval process. He said this is now, before the project or contract is awarded. He said a full EIR must be done, and all the letters from the LAMP must be part of the testimony because it concerns all of the same things. He said the proposal is the same as the LAMP update all over again except it is missing lengthening the runway. He said one of the key purposes of an FBO is to attract quality and multi-service FBOs, corporate jet centers and service the growing transient corporate aircraft market. He said this is an expansion which includes a 25,000 square foot maintenance hangar.. He said there is also a potential conflict of interest because Mr. Ghielmetti owns Livermore Air Center, and is the chairman of the California Transportation Commission, and the Commission overturned its staffs recommendation for the Isabel bond money. He questioned whether award of this contract was in response to Mr. Ghielmetti's actions as the Commission Chair. Mayor Kamena said he has attended almost every hearing where Chair Ghielmetti voted, and at no point did he ever observe or ever hear any legal opinion that Mr. Ghielmetti had any conflict of interest whatsoever. Paul Weiss, Livermore, said he finally has a hangar at the airport. He said the item on the agenda is just the fulfillment of a promise made in the 1975 Airport Master Plan. He said there is no expansion, just an effort to keep up with progress. He said every airplane based at the airport generates taxes that go to the County and to Livermore schools. He said the pilots are trying to be good neighbors. Terri Hughes, Livermore, said the FBO seems to be an expansion of the airport. She said airport expansion will increase noise, air pollution and traffic congestion and will cause a decrease in housing prices. She said one week for a noise study is a little too short. JUNE 25, 2007 Minutes CM/67/375 In response to questions by Mayor Kamena, Mr. McIntyre said the airport is currently operating under the 1975 Master Plan that allows FBOs. He said per Council direction, staff is no longer working on a Master Plan Update. Chris Davis, Livermore, said he understands progress but does not want to see what happened to the airport in San Jose happen in Livermore. -- Brett Wayne, Livermore, said the noise monitoring program sounds like a perfectly reasonable thing to do. He said all the noise monitoring studies that have been conducted over the past several years should be incorporated into the process. He said the FBO is a needed facility at the airport. He said the choice of the proposal that de- emphasized the jet operations and emphasized the local needs of the resident pilots is the right choice. He said he supports the shift of the fuel sales to the FBO. He said the new rules and regulations represent a good change for the Livermore Airport. He said the economic impact of the airport has a significant impact on the community. Allan Dickens, FBO, Livermore Airport, said hangars have been needed at the airport for the past 25 years. He said he supports all of the staff recommendations; but most of all, he supports building more hangars because they are desperately needed. Eugene Wheeler, Livermore, said he liked the proposal very much because it focuses on the recreational flyer. He said he will not .have to fly elsewhere for needed services. He said he wants to see more hangars. He said all of the pilots are committed to making Livermore as noise-friendly and neighborhood-friendly as possible. He said he sees no risk of larger jets because there is nothing to allow for larger aircraft. Max Curtis, Livermore, said the whole purpose of creating a 25,000 square foot FBO is to increase traffic. He said Livermore Air Center would not propose this if they thought -" they had to survive off the existing airport business. He said stage three jets are quieter, but he asked what is going to happen to all of the old stage two jets. He said the FAA controls what goes on in the air, and the City of Livermore loses control on the ground once the bid is signed. He said home values will decrease dramatically if this is approved. Joe Ely, Pleasanton, said he urged all Pleasanton residents to contact the Pleasanton City Council to fight against the FBO and for a better noise study. He said the secret manner in which this issue has been managed by city government has generated great suspicion on the part of the citizens. He said the accelerated process of pushing the project must be suspended until there is more openness and accountability. He urged the Council to vote- no on parts 3, 4 and 7 of the recommendation. Shirley Taylor, Livermore, said the pressure of enlargement has got to stop. She said it is time to put this subject on the ballot so the City Council can realize the people want the airport to remain small. She said it is not the community's fault that there is a waiting list for hangars. She said the concentration should be on building hangars for the small recreational planes and not for jets. She said more commercial jet activities equals more planes, noise, pollution and lower property values. She said this issue needs to be solved by the community and not by five individuals. CM/67/376 Minutes JUNE 25, 2007 Bruce Anderson, Livermore, said it is a shame there are problems with semantics, with people being over-vigorous in trying to get their point across. He said an April 5, 2007 letter to the editor of The Independent stated UPS or Federal Express were trying to make Livermore their base of operations. He said this was clearly a statement to inflame the issue. He said there are problems with the community and the aviation community. He said he truly doubted a sonic boom was created by a jet landing at the airport. Adrienne Smith, Livermore, said the opposition is overwhelming, but the Mayor is choosing pilots to talk. She said this expansion has nothing to do with providing hangars for the recreational pilots on a waiting list. The City wants to create amoney-making jetport. She said the recreational pilots will be pushed out of the airport. She said the Council is listening to a small handful of pilots that want this jetport. She said the City acts as if the pilots are more important than the thousands of residents that have repeatedly said they are against it. She said a full EIR is unnecessary; a phony mitigated negative EIR and aone-week long fabricated noise monitoring study are not enough for Livermare residents. John Piggott, said the airport is a capital asset and provides benefit to the citizenry of the Valley and surrounding community. He said the airport needs improvement and maintenance and should be considered with the same diligence that other vehicular infrastructures are considered such as roads, parking facilities, and maintenance facilities. He said the airport is being mischaracterized as intentional growth, expansion, pollution, and excess noise all wrapped up in one emotional description as a jet center. He said the opposition seems to be based on emotion, opinion, and anecdotal information and not on facts and data. Gary Smith, Livermore, said the Council should make its decision. on the fact that jets and propeller planes flying over residents are noisy. He said the FBO will increase traffic because it makes it easier for them to fuel and fix planes. He said the Council should listen to the residents who live with this every day. Ron Labby, Livermore, said the noise study should be euthanized. He said this process has dragged the City down. He said in the end there is still not much done with the data. He said the residents won't accept it if the data shows there really isn't that much noise. He said it is unlikely the noise level will rise above the required action limit for the CNEL. He said he and his family enjoy the grace and beauty of the airplanes flying overhead. Colleen Oelkers, Livermore, said she is against any expansion that could possibly bring in more flights. She said there was a lot of activity at night during the Memorial Day weekend. She said she is tired of being awakened during the night. She said the voluntary curfew does not work. Mark Gary, said he does not have a problem with a vibrant, recreational airport. He said the problem is with the jets that have poisoned the well for a lot of very good recreational pilots. He said the FBO and new standards will yield more traffic. He said the jets can not be blamed for destroying the town when the Council paves the way for increased jet traffic. JUNE 25, 2007 Minutes CM/67/377 Russ Greenlaw, Livermore, said there are only three public use airports left in Alameda County. He said it is important for the City to keep the airport economically viable. He said the actual source of the jets is corporations in the Valley area. He said he has a noise complaint with the Harley Davidsons on Holmes and the garbage trucks every Monday morning at 5:45 a.m. Berthold Weinstein, said he encourages the Council to accept this proposal; it is well balanced and provides much needed hangar space and the opportunity to get maintenance done on the field. He said many misrepresentations and distortions have been made during the past three years that have shot down some very good proposals. Ron Patrone, Livermore, said if larger planes come in with more flights per hour, it will cause the sound level to rise and to be constant. He said this means the constant level of sound will continually increase and soon will be city-wide. In response to questions by Mayor Kamena, Mr. McIntyre said the maximum noise level acceptable . by the FAA has not been exceeded by Pleasanton or Livermore standards. He said a larger number of louder flights would have the tendency to raise the average noise level around the airport. He said the studies indicate that Pleasanton's and Livermore's noise standards will not be violated, even with a significant increase in traffic. Kevin Nuss, Livermore, said this is a noise issue. He said the noise level and the amount of jet traffic has increased during the last two years. He said the noise levels should be contained to preserve the quality of life in Livermore. He said the noise, mostly jet traffic, is most notable in the early morning and from 8 to 10 p.m. He said the small recreational jet traffic has a minimal intrusion into his life. Linda Sexton, said more discussion is needed pertaining to noise and quality of life. She _ said planes pass 15 feet above her house and she can give them a windshield wash as they go by. She said the quality of life is so bad that she cannot have normal conversations when sitting on her patio. She said the City should turn the runways toward the freeway and not over homes. Charles Orth, Livermore, said many of the factors are moral issues. Nothing the City does should bring harm to a major fraction of the city. He said people at the meeting are representing thousands of residents who oppose increased noise from jet traffic. He said the main concern is whether the Council's decision will lead to increased noise, not the number of jets parked at the airport. He said no one should prosper if someone is harmed in the process. Connie Carroll, Livermore, said this is a noise issue. She said her home is her biggest investment, and she does not want to see her home or community denigrated because of the airport. She said the pilots should be able to enjoy the recreational planes as long as they do no harm. She said the jets are extremely noisy, and the smaller planes are flying low over the rooftops. Mary Williams, Livermore, said many residents are on vacation and could not attend the meeting. She said this community has spoken many times and has said the airport CM/67/378 Minutes JUNE 25, 2007 should not be increased to accommodate anything that might bring more traffic or length to any existing service. She said vote no to any, expansion. '-' Ed Houle, Livermore, said there has been a tremendous increase in traffic at the airport. He said fuel price increases are just awrite-off for businesses. He said an FBO will bring in more aircraft and the possibility of increased crashes. Joyce Wente, Livermore, said she is opposed to this item. She said there is noise and pollution and the smell from the water reclamation plant.. She said she wants written assurance that nothing will be built later on to accommodate jets. She said the airport manager's web page has an advertisement that encourages more business at the airport. She said if the Council votes this in tonight, they will be railroading over what the citizens of the community want. Colleen McGoff, Livermore; said she loves the airport. She said the vocal few at the meeting represent a great number of those who could not attend. She said both qualitative and quantitative data must be considered when the Council makes its decision. Joe Zawidski, Livermore, Livermore Air Center (LAC), said LAC is interested in creating something viable for the local air community. He said LAC is a small organization and is not dependent upon turning the airport into a major jetport. He said this makes sense as areal estate investment and an operating investment, while providing good service to the local community. There were no additional speakers, and the hearing was closed. Mayor Kamena invited Jim Ghielmetti to respond to questions. Mayor Kamena said one of the issues that seems to be a constant is that of noise. He said the Council has been doing research for quite some time to find out if there is a method by which noise might be reduced, possibly by limiting the operations. He said the Council has been told in the past that as long as the City is the FBO, that is probably not possible under FAA control. He said there may well be a part of the law that permits LAC as the FBO to have a lease with the City that would have provisions in it relative to the time of flights, etc. Jim Ghielmetti, Livermore Air Center, said FBOs typically communicate with the pilot world in a much better way than the City can. He said there are voluntary regulations in terms of times of flights that LAC would advertise nationally. He said they will close at 10 p.m. He said if someone chooses to come in later than that for any reason, LAC could charge a fee for service and a penalty that would go back to the City. He said that would be the only legal way he could see of controlling the hours because the FAA really controls that. He said the private pilots in the area are very concerned about being good, courteous neighbors. He said by having a professional FBO at Livermore Municipal Airport, transient aircraft that comes in to use the facility will be well warned that the hours of operation are from 6 a.m. to 10 p.m., and if not, they will have to pay a penalty fee for it. He said financial penalties could be assessed on both tenants and transient aircraft .- that come in for an overnight stay. He said those who are leasing hangar space and continually violate the curfew could be advised that they would be in violation of their JUNE 25, 2007 Minutes CM/67/379 leases, and they could be expelled. Mayor Kamena said this would be a kind of bad pilot policy. Mayor Kamena asked if they would sell jet fuel on aself-service basis. Mr. Ghielmetti said they would not. That would be handled by their own trucks and staff. Mayor Kamena said he heard testimony from people who said there might be air cargo service. He asked Mr. Ghielmetti if that was their intent. Mr. Ghielmetti said it was not. He said it is not even practical here. He said the main air cargo terminal in this area is Oakland, and that is serviced by trucks. He said the more practical thing for air cargo people in the Bay Area is to do it by van or by truck. In response to questions by Mayor Kamena, Mr. Ghielmetti said he would work with staff to remove the air cargo provision from the lease. IT WAS MOVED BY MAYOR KAMENA, SECONDED BY CM LEIDER, TO INTRODUCE AN ORDINANCE AMENDING THE MUNICIPAL CODE RELATED TO AIRPORT RULES AND REGULATIONS; INTRODUCE AN ORDINANCE RELATED TO AIRPORT ADVISORY COMMISSION DUTIES AND RESPONSIBILITIES; ADOPT A RESOLUTION APPROVING THE MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITIES, ADOPT A RESOLUTION APPROVING ADJUSTED AIRPORT RATES AND CHARGES FOR FISCAL YEAR 2007/2008, AND ADOPT A RESOLUTION APPROVING A LONG-TERM LEASE AGREEMENT FOR FULL-SERVICE FIXED BASE OPERATOR AND HANGAR FACILITIES WITH LIVERMORE AIR CENTER, LLC, WITH THE ADDITION OF LANGUAGE IN THE AGREEMENT AS FOLLOWS: LIVERIVIORE AIR CENTER AGREES TO INCLUDE IN LEASES WITH THEIR TENANTS A PROVISION TO ABIDE BY THE NIGHT-TIME FLIGHT POLICY, TENANTS THAT DO NOT COMPLY WITH THE POLICY MAY BE SUBJECT TO TERMINATION OF THEIR LEASES WITH LIVERMORE AIR CENTER, AND LIVERMORE AIR CENTER WILL BE SUBJECT TO A MONETARY PENALTY FOR ANY TENANT NON-COMPLIANCE WITH THE POLICY. THE CITY COUNCIL ALSO DIRECTED STAFF TO PROCEED WITH A REQUEST FOR PROPOSALS FOR ASHORT-TERM AIRPORT NOISE MONITORING STUDY. CM Dietrich said she appreciated Mr. Ghielmetti's desire to add provisions to the lease. She said the FBO can exercise controls that the City would have difficulty with. She said the Council has looked at this for quite a long time, and things such as flight operations have been reduced and minimized, and it is at a point where it is quite reasonable. She said she would support the motion. CM Leider said this is something the City has been planning since 1975, and nothing has been done about it. She said the City owes it to the long-term pilots who have been good citizens and have tried to contain their noise and flights. She said the FBO will make its money by renting the hangars to people who are already there, not from fuel sales. She said there is a waiting list of 200 people for hangars, and only 66 are being built. Also, for every hangar that is being built, the tie-downs are being decreased. She said she agrees with the selection of Livermore Air Center as the FBO because they understand the City and what the City wants. She said they have hired a partner who runs an airport in Monterey, which is very strict about their noise regulations and what they do. She said the City cannot do anything about the jets that come and go; any jet that is capable of _. CM/67/380 Minutes JUNE 25, 2007 landing on the City's airport will land there, no matter what the City does, because that is the FAA regulation. She said she hoped the noise study would provide information on how many jets come in and out. She said it is known how many jets are here, but not how many jet flights come in and out or come in at night. She said the City is trying to modernize the airport and have someone who understands what the people of Livermore want. Mayor Kamena clarified that his motion included the fee adjustments and to accept the noise monitoring negotiated with Pleasanton. He said the argument that makes the most sense to him is that the City has an FBO now. People leave to get their engines fixed and come back, which is a flight out and a flight back. LAC will fix engines here, which will get it done now. He said he thinks this has the potential impact of reducing rather than increasing traffic. He said six jets are based here, and two or three of them are inoperable, so that makes it tough for him to understand how they can make noise on a 24 hour basis. He said for several years, he and his son have owned a house in the Hagemann and Jack London area, and he spent many months there. He said he found it to be delightful. He said he has not found examples of any people who have lost money on a house because they live near the Livermore airport. He said the house next door to his sold for considerably more than when it was purchased, when it was very quiet. He said there are many people who are sensitive to noise or to different odors. He did not have that same feeling regarding the jet fuel. He said it seems reasonable to try and put protections into the contract. He said he regards the airport as a highway in the sky, and the City cannot limit the use of sky anymore than it can limit the cars that use the freeway. .__. VM Marchand said this has been a very difficult issue for him. He said one of the speakers said that the Council was only letting the pilots speak; he noted that everyone was afforded the same opportunity to speak. Another speaker said the City should build small hangars, and that is exactly what is being done. He referenced the motion he made in June to build small hangars in .place of the tie-downs. He said 157 spots are being taken away, and 105 are going to be built. He said he didn't see how taking away 30% of the capacity can be considered expansion. He said the airport currently has the ability to get a charter service. Mr. McIntyre said a lot of the transient jets are charter service, independent of an FBO. VM Marchand said he understood that, because the City has accepted grant money from the FAA, the City cannot discriminate on the size of the planes, with the exception of the limitations of the runway. Mr. McIntyre said that was correct. VM Marchand asked if the City could refuse to sell jet fuel. Mr. McIntyre said the City has along-standing practice of selling jet fuel, and the FAA would look to the City to continue that practice. VM Marchand said someone had suggested that the City stop selling the jet fuel. He asked how long what someone had referred to as a "fast and secret" process has been going on. Mr. McIntyre said the Council has been discussing this since November, 2005, and- had meetings in late 2005, spring of 2006 and June of 2006. Also, some of the documents were publicly circulated last year, and the request for proposal process was public during January, February and March of this year. VM Marchand said the City cannot regulate arrivals and departures because of rules of the FAA, jet fuel sales cannot be regulated because the City is operating the airport. He said if the airport is being operated by an FBO, then the City can negotiate conditions with the ._... FBO, although those would be restrictions the City, as an FBO, could not impose. JUNE 25, 2007 Minutes CM/67/381 Zane Gresham, Morrison and Forrester, consulting attorneys, said no one, either the City or an FBO, can regulate the arrival or departure of the aircraft. The FBO has the authority to impose contractual conditions on users of its services, which may include financial penalties or limitations for the violation of the terms of the service that is being offered. For example, asub-lease of a hangar by the FBO operator could include a requirement that the sub-tenant occupying that hangar would abide by the terms of the voluntary curfew, and the FBO operator would be able to lawfully take action pursuant to the terms of the sub-lease if the sub-tenant failed to perform the obligations imposed. VM Marchand said the FAA rules greatly limit the City's control over the airport, but that control could be exercised by the FBO. Mr. Gresham said the FBO could not exercise control over the aspects of the airport that are of most concern to many of the speakers. It cannot limit the kind of transient aircraft that come to the airport or the arrival and departure times. The FBO operator has the ability to impose penalties on those who arrive late and want to use the FBO services, to strongly discourage that behavior. The City does not have that authority because the City would be attempting to directly limit behavior of aircraft arriving and departing. VM Marchand said one of the reasons this has been so difficult for him is because of the misinformation and distortion. He said he has seen the truth manipulated. In many cases, the things that were told by the leadership of the opposition have been downright false. He was told Livermore does not charge for tie-down space; the truth is the City does charge. He was told Livermore does not need more hangars because many of the hangars are empty; the truth is every hangar has a plane in it, sometimes several. He was told the Hayward airfield has 200 jets based there; the truth is it's 11. He was told 500 jets are based at Buchanan; the truth is it's 26. The LACG website states that this will rezone the airport to a commercial aviation airport; that is simply not true. The LACG mission statement says it seeks to obtain a commitment and support from elected officials and to work cooperatively with City officials. VM Marchand said it is very difficult to get that respect and credibility if the officials are not being told the truth. The distortions and misrepresentations are very difficult. The Council is trying to do something that is best for the community at large. They cannot develop a working relationship if they cannot trust the people giving that information. He said he is trying to weigh both sides of this, and it comes down to whom he can trust. LACG has not done a very good job of obtaining a commitment of support to work cooperatively with City officials. He said he is trying to do the best for the community, and he would hope the community would be trying to do the best by the Council. CM aeitter said it sounds like the biggest problem is transient jets. He asked what percentage of the transient jet traffic the charter operations comprise. Mr. McIntyre said 10 to 15%. He said a lot of it is recreational flying in and out from other airports. He said 30 to 40% of the Livermore Airport flights are transient; not all of those are air charter or air taxi. Some are people flying for business or recreation. In response to questions by CM Reitter, Mr. McIntyre said the airport has self-serve islands open 24 hours a day, but there is not self-serve jet fuel, and there is no financial penalty for coming in at 2:00 a.m. CM Reitter said. the noise study should get more clarity about who is causing the problems among the transient jets. He asked what level of financial punishment would be needed to have an impact. Mr. Gresham said that a CM/67/382 Minutes JUNE 25, 2007 transient aircraft requiring service after 10:00 p.m. would have to pay a penalty that would be set through further negotiation to insure it was appropriate. "- CM Reitter said he was struggling with what to do about the aircraft that seem to be causing the noise problems. He said the CNEL is meaningless to him because it's an average; it's the single events or peak noise that people react to. Mr. Gresham said the fundamental difficulty every local airport faces across the country is that the federal government has pre-empted local control over the kinds of aircraft that land at airfields and the hours of service. The only way the local government can gain extensive control over that is through a very expensive, laborious process under the Airport Noise and Congestion Act (ANCA), and the outcome of that is very uncertain as to whether the FAA, the final arbiter under that law, would allow any such restrictions. To this day, only one airport has successfully managed to negotiate that process. The first step is to demonstrate that the CNEL, which is the Federal standard, is violated. Mayor Kamena asked if this is within the purview of the lessee as the FBO: Mr. Gresham said the FBO does not have any control over the landings and takeoffs of transients who come and leave without requiring FBO services. Mayor Kamena asked if the execution of this would cause an automatic increase in transient traffic or an automatic decrease or if there would be no relationship. Mr. Gresham said his experience suggests that having a different FBO would not affect the level of operations. Mayor Kamena said he would hate to penalize LAC for something over which they have no control and for which they are not contractually obliged. Mr. Ghielmetti said LAC can control those who request their service, such as a flight coming in after hours -they can impose a fee or a penalty for coming in late. They cannot control someone who comes in late and goes over to a tie- ~.. down. Mayor Kamena said he was trying to find out if changing FBOs means an automatic increase in transient traffic; he said it sounds like it will not at night because penalties would be imposed, but there may be more or less during the day, irrespective of the presence of LAC. CM Reitter said he understood Congress did this in 1990 because they did not like any local control over local airports. They only allowed those aiports that had rules in place at that time to continue to control some of these things. He asked if that was the case or if it was a matter of having taken Federal money over many years. Mr. Gresham said there are several limitations, but the clearest and most unequivocal expression of Congressional intent was the adoption of ANCA, which was explicitly designed to eliminate the authority of local governments over noise or congestion-related activities unless and until they went through a formal Federal regulatory process and got special exemptions from the Federal government. CM Reitter asked if LAC has plans to increase business that might increase transient jet traffic. Mr. Ghielmetti said the transient aircraft would not increase, but more jets might be stored on the airport because of the hangar facilities that would go with the FBO. The transient traffic is going to be generated by the surrounding businesses, events in the wine country, Bishop Ranch, etc. He said LAC will provide a good service that will provide more jobs. JUNE 25, 2007 Minutes CM/67/383 CM Reitter said it will be very hard to predict what impact replacing the City's FBO with a private FBO will have on traffic. He said he is frustrated that the City can't control the type of aircraft that use the airport or have more control over the hours they operate. CM Reitter said the Council heard testimony about planes flying very low over houses. He said he would like information on what the City can do about that. He said his basic --- question is how to discourage noisy transient jets, and he hasn't .heard any suggestions about how to do that. In response to questions from VM Marchand, Mr. McIntyre said the City retains land use control, and the FBO could not expand the airport facilities without Council approval. Ms. Barton asked if the motion included all seven items; Mayor Kamena said it did. CM Reitter asked if it included the proposed one-week noise study. Mayor Kamena said it did, but said he was of the mind that any deviations from that would mean referring it back to Pleasanton, and they studied it quite a bit. He said Pleasanton was very specific with regard to what the program would be. CM Dietrich concurred and said the discussions of the Liaison Committee centered around building upon data already collected, including the noise study done by Pleasanton. The notion is to build a baseline over time. The Pleasanton noise study showed that there weren't CNEL violations, and that things were not approaching maximum limits, so the notion of doing a similar study for comparsion, done periodically over time, would provide a marker of when a more extensive study might be done. CM Reitter said he is more interested in single-event or peak noise than CNEL. He said he would like to see those events connected to particular operations, which would allow something useful to be done about the noise situation. He said he believes the noise has ... gotten worse despite the decreased number of operations; that is the common theme all over town. Mayor Kamena said he would be willing to bifurcate the motion. CM Dietrich said they have spent the better part of a year and a half to get to this point with Pleasanton. She hoped monitoring could be done, followed by discussion on how to augment it, rather than go back to the drawing board. CM Leider concurred. She said if the Livermore City Council does not like the kind of data coming from the noise monitoring, they can change the monitoring process. CM Reitter asked how the one-week period will be chosen. CM Dietrich said that is a period that would be comparable to that used in the Pleasanton study. The actual timing is not known yet. City Manager Linda Barton said a consultant has not been selected yet. A proposal will be prepared, and a consultant will help determine the timeframe. Abase of data will be built over time. CM Reitter said any study should look at the peak noise as well as CNEL. In response to questions by CM Leider, Mr. McIntyre said staff could provide data on how many transient jets come in and out of the airport. _.. CM/67/384 Minutes JUNE 25, 2007 In response to questions by VM Marchand, Mr. Gresham said the City has very limited authority, but it can negotiate with the FBO operator and establish lease conditions that -- make the business satisfactory to the City. THE MOTION CARRIED ON A 5-0 VOTE, AND THE FOLLOWING ORDINANCES WERE INTRODUCED, AND THE FOLLOWING RESOLUTIONS WERE ADOPTED: Ordinance introduced amending Title 11, Airport, of the Livermore Municipal Code, by amending Chapter 11.08, Operation Rules and Regulations. Ordinance introduced amending Title 2, Administration and Personnel, of the Livermore Municipal Code, by amending Chapter 2.41 related to the Airport Advisory Commission. Resolution 2007-110 adopting the minimum standards for commercial aeronautical activities. Resolution 2007-111 authorizing signing of a License and Ground Lease Agreement (Livermore Air Center, LLC) Resolution 2007-112 adjusting rates at the Livermore Municipal Airport. CM LEIDER LEFT THE MEETING AND DID NOT PARTICIPATE IN THE REMAINDER OF THE ITEMS. 4. CONSENT CALENDAR IT WAS MOVED BY VM MARCHAND, SECONDED BY CM DIETRICH, TO APPROVE THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 4.04; CM DIETRICH SAID SHE WOULD VOTE NO ON THIS ITEM. Item 4.10 - CM Dietrich said the report stated that the City would reimburse homeowners for their part of the connection for the undergrounding ~up to $1,500; she asked if that covers. the cost for making the connection for most residential properties. City Engineer Cheri Sheets said it does. Item 4.04 - CM Dietrich said she would like her vote to be recorded as a no vote. Item 4.04 - CM Reitter asked how much the incentive was publicized to potential employers who might use it. City Manager Linda Barton said it is on the City website along with all the other available City incentives. The Economic Development Department discusses it with any businesses that are considering coming into the community. John Stein, Livermore, thanked Mr. Piper and Ms. Potter for responding to his questions. Mr. Stein said the stable number of City staff in the face of slowly increasing ,..... population will result in reduced service levels over the next five years; said with the rapid increase of employee benefit costs it will be difficult to meet expenditure growth targets; JUNE 25, 2007 Minutes CM/67/385 said the increased need for funding for infrastructure is becoming a more significant challenge, and improvements are not being implemented. THE MOTION CARRIED ON A 4-0 VOTE, EXCEPT ITEM 4.04, WHICH CARRIED ON A 3-1 VOTE, CM DIETRICH VOTING NO. City Council/Redevelopment Agency 4.01 Approval of Minutes -June 11, 2007 City Council/Redevelopment Agency meeting. 4.02 Ordinance 1813 adoption on second reading of an ordinance describing the Redevelopment Agency`s program for acquisition of properties by eminent domain as required under Senate Bill 53. (06-11-2007) 4.03 Resolution 2007-113 calling for the November 6, 2007 General Municipal Election for the purpose of electing one mayor for atwo-year term and two members of the City Council, each for afour-year term. 4.04 Resolution 2007-114 establishing the 2007/2008 Minimum Annual Salary Requirements for new industrial employers to qualify for the High-Wage Development Incentive. Approved 3-1 vote, CM Dietrich voting no. 4.05 Resolution 2007-115 accepting $20,000 from the Kaiser Permanente Community Benefit Grant Program and appropriating the funds to the Healthy Helpings Cooking Project. '"' 4.06 Resolution 2007-116 updating the For-Sale and Rental Housing Price Limits and the In-Lieu Housing Fee maximum for 2007. 4.07 Resolution 2007-117 authorizing execution of an agreement with Top Grade Construction, Inc., in the amount of $1,090,951.75, for the Holmes Street Rehabilitation and Concannon Boulevard Median Modification Project Nos. 2004-40 and 2004-38. Location: Holmes Street between Hampton Road and Anza Way and eastbound Concannon Boulevard to northbound Holmes Street left turn pocket. 4.08 Resolution 2007-118 authorizing execution of an agreement with Granite Construction,' in the amount of $734,170.03, for the Murrieta Boulevard Pavement Rehabilitation, Project No. 2006-16. Location: Murrieta Boulevard between .Fenton Street and 400 feet north of the Union Pacific Railroad Bridge and between Jack London Boulevard and Del Norte Drive. 4.09 Resolution 2007-119 authorizing execution of Amendment No. 1 to the consultant agreement with Michael Willis Architects, in the amount of $95,000, for the Water Reclamation Plant Laboratory and Office Space, Project No. 2000-79. CM/67/386 Minutes JUNE 25, 2007 4.10 Resolution 2007-120 initiating formation of and intention to establish the North L Street Underground Utility District and setting a public hearing for September 10, 2007, Project No. 2000-98. 4.11 Resolution 2007-121 determining results of hearings for Landscape and Lighting Districts, adopting the Engineer's Reports, and confirming and levying the annual assessment for Fiscal Year 2007-2008 for Landscape Maintenance Districts. 4.12 Resolution 2007-122 authorizing execution of an agreement with Jordan & Associates, Inc., in the amount of $59,612, for Washington D.C. Federal Advocacy Services. 4.13 Resolution 2007-123 establishing appropriation limitations for Fiscal Year 2007/2008. 4.14 Resolution 2007-124 authorizing execution of Amendment No. 1 to the license agreement with Livermore Heritage Guild, in the amount of $720.00, to temporarily store materials in approximately 900 square feet of space in the vacant Civic Center Library, extending the agreement to June 30, 2008. City Council/Redevelopment Agency 4.15 Resolution 2007-125 approving updates to the Two-Year Financial Plan, Resolution 2007-126 approving the Two-Year Capital Improvement Plan, and Resolution RA 2007-04 approving the Two-Year Redevelopment Agency Financial Plan, '"~ for Fiscal Years 2006/2007 and 2007/2008. Redevelopment Agency None. 5.02 Hearing to consider establishing a construction vehicle impact fee to reimburse the City for the impacts these vehicles have on street maintenance costs. Recommendation: Staff recommended the City Council adopt a resolution approving the Vehicle Impact Fee Study by HF&H Consultants dated April 11, 2007, approving the Construction Vehicle Impact Fee schedule, and approving the annual administrative fee transfer to the General Fund of 5% of the construction vehicle impact fees collected each year after Fiscal Year 2006/2007, and introduce an ordinance establishing an impact fee on construction vehicles to recover the costs for physical impacts caused to City streets by these vehicles. Jim Vingo, Associate Civil Engineer, and Rick Simonson, HF&H Consultants, presented the staff report. Mayor Kamena opened the public hearing. JUNE 25, 2007 Minutes CM/67/387 Alex Barry, Centex Homes, said she is concerned about the .proposed fee. She said building permit fees for Livermore are well over $100,000, one of the highest in the state. That is one of several reasons housing is so expensive, so there is some responsibility to be borne by the City. Centex is not against paying its fair share, but they feel there is no nexus for this fee, particularly for vehicles that are not even using most of the city streets, as they come off the freeway and come directly to the building sites. She asked the Council to consider how high the fees are already. ON THE MOTION OF CM REITTER, SECONDED BY MAYOR KAMENA, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL VOTED TO CONTINUE THE MEETING BEYOND 11:00 P.M. AND TO COMPLETE ITEMS 5.03, 5.05, 5.06, 6.01, 6.02, AND 7.02. John Mahoney, Chairman of the Board, Livermore Chamber of Commerce, asked the Council to defer approval of the fee. He said in the last two years fees for certain products have gone from $13 to $19 per square foot. The Cultural Arts fee added $1.00 per square foot. He said all fees can't be priority one, and only so many fees can be applied within a certain given time based on market conditions. He requested an economic development analysis to understand the number of fees that can be applied at what rate of progression based on market conditions and said the Chamber is willing to work with the City on such an analysis. Bob Glover, Homebuilders Association (HBA), said the HBA has concerns about the fee. They feel it is unlawful because it is pre-empted by the Vehicle and Government Codes, and the consultant's analysis does not provide sufficient justification for the fee. Mayor Kamena asked Mr. Simonson to comment. Mr. Simonson said they have had outside counsel look at each of these issues as they developed their methodology. There were no further speakers, and Mayor Kamena closed the public hearing. Mayor Kamena said he does not always buy a "too high" fee because none of his vendors keep their prices low because he is not making as much money. He said he is not sure if the "no nexus" part bothers him or not. He asked staff if this fee requires nexus. Mr. Simonson said it does require nexus, and that is what the study does. CM Dietrich asked if similar fees in other jurisdictions have been challenged. Mr. Simonson said the fees have been put in place, and they have not been challenged. CM Dietrich asked how long the oldest fee had been in place. Mr. Simonson said four to five years. CM Reitter said this is part of a larger infrastructure problem. He asked how much money the City will be contributing to this problem, in addition to this fee. Ms. Sheets said this fee will pick up $1 million of the City's $3 million discretionary funds, so the City will put in $2 million. Ms. Barton said the City also has a lot of dollars and expected needs beyond those that are being financed; Ms. Sheets was just talking about the part the City is able to move forward on. CM/67/388 Minutes JUNE 25, 2007 CM Reitter asked if this was also going to be applied to garbage trucks. Ms. Barton said it would be considered in the rates Waste Management is taking into consideration, in the next agenda item. Mayor Kamena asked if it would be proper to exempt more than had been exempted. Ms. Barton said a lot of trucks related to heavy construction travel on City streets on a regular basis. Staff thinks it is more fair for those who are creating the impact to pay that cost than for all of the taxpayers in the community to pay it. Mayor Kamena asked if just those who are responsible will be charged. Ms. Barton said two very large impact trucks that are heavy enough to create damage to roadways over time are construction industry vehicles and garbage collection vehicles. Staff had discussion with Council about that several months ago. Also, members of the development community were invited to meetings, but those meetings were not particularly well attended. VM Marchand asked how the fees will be collected; Ms. Barton said they will be collected with permits and from Waste Management through the rates. Mayor Kamena asked if failure to pass this item tonight would impact the next item. Ms. Barton said it would because Waste Management was anticipating this fee and calculating it into their rates that were being proposed to Council. CM Dietrich said although she heard what people were saying in their testimony about fees, the options available to municipalities are pretty constricted. She said consumers of garbage services ultimately pay for trucks on neighborhood streets. In a similar way, it does not seem totally unfair that those who acquire the benefit, pay the freight. She said ~.. she wished there were a totally different tax and revenue situation than the City finds itself in, but there is not, and the City needs to keep its roads in respectable, usable condition, so spreading the burden out for the differential impacts makes sense. IT WAS MOVED BY CM DIETRICH, SECONDED BY VM MARCHAND, TO APPROVE THE RECOMMENDATION. Mayor Kamena asked Mr. Mahoney if he was asking the Council to postpone the fee because the Chamber hates the whole idea, or wants to study the number or phase it in. Mr. Mahoney said he understands the nexus and the impact on the roads. He said a lot of other fees are coming up, and all of them can't be priority one. He said he was asking the Council to direct staff to participate with the Chamber in an economic analysis on how much fees are too much. Mayor Kamena said he would vote for the motion if it included scheduling discussion with the Chamber. CM Dietrich said the Council and the Chamber have a lot of shared ideas in terms of well- being issues. In addition to looking at fees and the tip point, she would like to look at how to prioritize and. achieve goals jointly. It would be nice to have a collaborative conversation. THE MOTION CARRIED ON A 4-0 VOTE, AND THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCE AND ADOPTED THE FOLLOWING RESOLUTION JUNE 25, 2007 Minutes CM/67/389 AND DIRECTED STAFF TO RECOMMEND A PROCESS TO WORK WITH THE CHAMBER O.F COMMERCE TO REVIEW AND PRIORITIZE FEES AND CONDUCT AN ECONOMIC ANALYSIS: Ordinance introduced adding Chapter 12.70 (Construction Vehicle Impact Fee) to Title 12 (Streets, Sidewalks and Public Places) of the Livermore Municipal Code. Resolution 2007-127 approving the Vehicle Impact Fee Study by HF&H Consultants dated April 11, 2007, and approving the Construction Vehicle Impact Fee schedule. 5.03 Hearing to consider adjustments to the rates charged by Waste Management of Alameda County, Inc., for solid waste collection services, effective July 1, 2007, to adopt a resolution approving the Amended and Restated Franchise Agreement with Waste Management, Inc., and to introduce an ordinance amending the Municipal Code, Chapter 8.08, (Solid Waste Management) to establish the City Council as franchise rate regulator and make other minor technical changes. Recommendation: Staff recommended the City Council adopt a resolution and introduce an ordinance. Michelle Mitchell, Management Analyst, presented the staff report. CM Reitter asked if the rates for bulky pickup items were increased by this fee. Ms. Mitchell said they were, by the same percentage. CM Reitter asked if the increased rates would cause things like refrigerators and air conditioners to be abandoned on County roads. Ms. Mitchell said staff has not noticed an increase. Mayor Kamena opened the public hearing. There were no speakers, and the public hearing was closed. ON THE MOTION OF VM MARCHAND, SECONDED BY CM DIETRICH, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCE AND ADOPTED THE FOLLOWING RESOLUTION: Ordinance introduced amending the Livermore Municipal Code by repealing Chapter 8.08 (Solid Waste Management) and adding a new chapter 8.08 (Solid Waste Management) to clarify City's role as Solid Waste Regulator and to include regulations related to collection disposal. Resolution 2007-128 authorizing signature of the amended and restated Franchise Agreement including rate adjustments. (Waste Management of Alameda County, Inc.) Mayor Kamena spoke regarding the debris pickups and said that, since they are on-call rather than scheduled, he finds them difficult to use. CM Dietrich said she finds them to work very smoothly. 5.04 Hearing to consider a request to approve a Neighborhood Plan that will allow medium density residential development on vacant property on the southeast side of Arroyo Vista and Las Positas Roads. The Neighborhood Plan establishes the CM/67/390 Minutes JUNE 25, 2007 framework for future residential development on the site including permitted housing types, open space and parking requirements, on-site circulation system, and architectural design guidelines. Location: Southeast corner of Arroyo Vista and Las Positas Roads and bordered by Bennett Drive to the east Applicant: Pell Development Company On-site and off-site public improvements: street, transportation, sewer, water, storm, and trails and open space Site Area: 28± acres Zoning: Planned Unite Development (PUD) 246-81 General Plan: Low Intensity Industrial (LII) or Urban High Residential-3 (UH-3; 14-18 du/ac) Historic Status: None CEQA: A Mitigated Negative Declaration under the provisions of the California Environmental Quality Act (CEQA) will be considered Application Number: Neighborhood Plan 05-001 Recommendation: The Planning Commission recommended the City Council adopt a resolution approving the Arroyo Vista Neighborhood Plan and adopting the Mitigated Negative Declaration and Mitigation Monitoring Program. This item was continued to the July 2, 2007 Special City Council meeting. 5.05 Hearing to consider confirmation of assessments for the 2006/2007 Sidewalk Repair Program, Project No. 2007-02. Recommendation: Staff recommended the City Council adopt a resolution overruling protests and confirming the placement of the assessments for sidewalk repair, which are unpaid as of July 2, 2007, on the Alameda County tax roll. Mayor Kamena opened the public hearing. There were no speakers and the public hearing was closed. ON THE MOTION OF CM DIETRICH, SECONDED BY CM REITTER, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION: Resolution 2007-129 overruling protests and confirming assessments for sidewalk repairs (2006/2007 Sidewalk Repair Program -Project No. 2007-02). City Council/Redevelopment Agency 5.06 Hearing to consider approval of a Disposition and Development Agreement (DDA) with Real Freedom, LLC, dated June 25, 2007, governing the purchase of the Redevelopment Agency-owned site on South Livermore Avenue, request of Real Freedom, LLC for the development of amulti-family housing project containing 8 units of ownership housing. The site under consideration is an approximately 15,000 square foot parcel generally located at 306 South Livermore Avenue. The proposed Disposition and Development Agreement outlines the terms and JUNE 25, 2007 Minutes CM/67/391 conditions that will allow Real Freedom, LLC to purchase the site in order to develop the proposed housing development. Recommendation: Staff recommended the City Council and Redevelopment Agency adopt resolutions approving execution of a Development and Disposition Agreement (DDA) with Real Freedom, LLC; and authorizing execution of a Cooperation Agreement -- documenting the City's loan to the Agency for the original purchase price of the parcel. IT WAS MOVED BY CM REITTER, SECONDED BY CM DIETRICH, TO APPROVE THE STAFF RECOMMENDATION. Mayor Kamena opened the public hearing. John Stein, Livermore, said the agenda talks about "Real Freedom," but the staff report talks about DHE; he asked if they were the same; staff said they were. Mr. Stein said it seems like the City is taking on a lot of the risks. He asked how the City is sure it will get the two affordable units. He said he hoped the two street trees could be preserved. He said the report of $110,000 profit is somewhat creative. Housing and Human Services Manager Eric Uranga discussed the financial aspects of the project. THE MOTION CARRIED ON A 4-0 VOTE, AND THE CITY COUNCIL/REDEVELOPMENT AGENCY ADOPTED THE FOLLOWING RESOLUTIONS: Resolution 2007-130 authorizing execution of a Cooperation Agreement between the City of Livermore and the Redevelopment Agency of the City of Livermore for aMulti- Family Housing Project. Resolution RA 2007-05 approving and authorizing execution and implementation of a Disposition and Development Agreement between the Redevelopment Agency of the City of Livermore and DHE Homes, LLC; and authorizing execution of a Cooperation Agreement with the City of Livermore for aMulti-Family Housing Project. 6. MATTERS FOR CONSIDERATION City Council 6.02 Discussion and direction regarding City Council appointments to the following Advisory Bodies: Beautification Committee Appointment of Rena LeiboVitch to an unexpired term ending September 1, 2008 Appointment of Chris Jackson to an unexpired term ending September 1, 2010 Historic Preservation Commission Appointment of Alison Atkinson to an unexpired term ending May 1, 2008 Library Board of Trustees Appointment. of Maureen Gandara Swinbank to a regular term ending June 1, 2010 Appointment of David Runyon to a regular term ending June 1, 2010 _. CM/67/392 Minutes JUNE 25, 2007 Recommendation: The City Council Subcommittee recommended the City Council approve the appointments. ON THE MOTION OF CM DIETRICH, SECONDED BY CM REITTER, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE RECOMMENDATION. 6.01 Discussion and direction regarding City Council appointments to Intergovernmental Agencies. Mayor Kamena said he would, on July 9~', appoint the new Councilmember to the Livermore-Pleasanton Fire Department Joint Powers Agreement Committee. 6.04 Discussion and direction regarding the appointment of the City Council Subcommittee to conduct interviews of City Advisory Bodies from July 1 to December 31, 2007. Recommendation: Staff recommended the City Council appoint two Councilmembers to serve on the subcommittee to conduct interviews of City Advisory Bodies. No action taken. 6.05 Discussion and direction regarding pending State or Federal legislation. a. Telecommunication Issues. No action taken. Redevelopment Agency -None 7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS 7.01 City Manager's report regarding previously requested Matters Initiated. None. 7.02 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff and Councilmembers. Airport Fixed Base Operator - CM Reitter asked if the private Fixed Base Operator could impose restrictions on the types of planes that lease the Fixed Operator's hangars. City Manager, Linda Barton said they could not because the Federal Aviation Administration has non-discrimination policies. -- Airport Complaint Line - CM Reitter asked if the Airport Complaint Line information is analyzed and distributed in any useful way. City Manager, Linda Barton said when airport staff become aware that a particular plane is violating the voluntary curfew they go JUNE 25, 2007 Minutes CM/67/393 directly to that pilot. She said other pilots also speak to the pilots who are violating curfew. July 2, 2007 Meeting - CM Reitter said he would like to have time at the July 2, 2007 City Council meeting to comment on the applicants who interviewed for the City Council vacancy. City Manager, Linda Barton announced that there will be a reception honoring -' CM Reitter immediately following the meeting. 8. ADJOURNMENT -the meeting adjourned at 11:52 p.m. to a Special City Council meeting on June 26, 2007, at 7:00 p.m., Council Chambers, to a Special City Council meeting on July 2, 2007, at 7:00 p.m., Council Chambers, and to a regular City Council/Redevelopment Agency meeting on July 9, 2007 at 7:00 p.m., Council Chambers, 3575 Pacific Avenue, Livermore. APPROVED: ~~ / MARSHALL H. KAMENA, MAYOR /~ ~/ PREPARED BY: ALICE CALVERT, CITY CLERK PREPARED BY: SUSAN GIBBS, ASSISTANT CITY CLERK CM/67/394 Minutes JUNE 25, 2007