CITY COUNCIL MINUTES

January 27, 2014

________________________________________________________________ REGULAR MEETING

1. PLEDGE OF ALLEGIANCE/CALL TO ORDER The meeting of the City Council was called to order by Mayor John Marchand at 7:00 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

1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION

Acting City Attorney Jason Alcala said there was no reportable action on Item 1 of the Closed Session; Item 2 would be continued to after the Regular Meeting.

2. PROCLAMATIONS AND PRESENTATIONS

2.01 Proclamation honoring World Interfaith Harmony Week.

Mayor Marchand presented a proclamation to Ruth Gaston and other members of the Interfaith Leadership Committee honoring February 1-7, 2014 as World Interfaith Harmony Week.

3. CITIZENS FORUM

John Stein, Livermore, said it had been one year since the City granted a loan to the Livermore Valley Performing Arts Center (LVPAC); he requested an update from the City Council on the status of LVPAC and the Bankhead Theater.

Don Meeker, Livermore, spoke regarding the formation of the local governing officers in Livermore, from a Board of Trustees in 1927 to the current elected Mayor and Council.

4. CONSENT CALENDAR

Mayor Marchand announced that Item 4.05 had been removed from the Consent Calendar and would be rescheduled to a future meeting.

Mayor Marchand removed Item 4.04 from the Consent Calendar for separate discussion and action.

ON THE MOTION OF CM GARY, SECONDED BY VM WOERNER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE OF EXCEPTION ITEMS 4.04 AND 4.05.

4.01 Approval of Minutes January 13, 2014 regular City Council meeting.

4.02 Adoption of Ordinance 1991 amending the Zoning District Map and establishing development standards for Planned Development Residential (PD-R) District 13-002. Location: East side of the intersection of Brisa Street and South Vasco Road, on both the north and south sides of Brisa Street.

4.03 Adoption of Ordinance 1992 approving Development Agreement 13-002 between the City of Livermore and SummerHill Brisa, LLC for the Brisa Neighborhood Plan Project.

4.04 Introduction of an ordinance adding Chapter 12.65 to Title 12 of the Municipal Code establishing a camping policy.

ITEM 4.04 WAS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.

4.05 Introduction of an ordinance amending Municipal Code Chapter 2.68 Contracts and Purchasing.

ITEM 4.05 WAS REMOVED FROM THE AGENDA. TO BE RESCHEDULED.

4.06 Resolution 2014-007 in support of amending the Communications Act of 1934 to establish signal quality and content requirements for the carriage of public, educational, and governmental channels, to preserve support of such channels, and for other purposes. (US Senate Bill S.1789)

4.07 Resolution 2014-008, Resolution 2014-009, and Resolution 2014-010 accepting Annual Report for Community Facilities District 2006-1 for Fiscal Year 2012-2013, Closeout Report for Community Facilities District 2006-1, and Closeout Report for Community Refinancing District 1993-3.

4.08 Resolution 2014-011 approving the Altamont Settlement Agreement Education Advisory Boards Expenditure Plan for Fiscal Year 2014-2015.

4.09 Resolution 2014-012 approving the Golf Course Program and Fees for the Las Positas Golf Course effective February 1, 2014.

4.10 Resolution 2014-013 authorizing first supplement to loan agreement with Livermore Premium Outlets, LLC on behalf of the Community Facilities District No. 2009-01 (CFD) with respect to Improvement Area No. 1, authorizing execution of a loan agreement with Livermore Premium Outlets, LLC on behalf of the CFD with respect to Improvement Areas No. 1 and No. 4, approving issuance of a note on behalf of the CFD with respect to Improvement Area No. 4 in an amount not to exceed $7.5 million; and making certain related findings required by law.

4.11 Formation of the State Route 84 (Isabel Avenue) Underground Utility District. (This item was continued from the January 13, 2014 City Council meeting.)

ITEM 4.11 WAS CONTINUED TO THE REGULAR CITY COUNCIL MEETING ON FEBRUARY 10, 2014.

4.12 Resolution 2014-014 extending the contract with the Acting City Attorney to February 28, 2014.

Mayor Marchand invited public comment on Item 4.04 Introduction of an ordinance adding Chapter 12.65 to Title 12 of the Municipal Code establishing a camping policy.

Brian OReilly, Livermore, said he did not support the establishment of the camping policy. He said the City should take a more compassionate approach when dealing with the homeless.

Claire Nelson, Livermore, said the City already had ordinances for filth and noise and questioned the reason why the camping ordinance was needed.

Maureen Hamm, Unitarian Universalist Church, Livermore, spoke in opposition of the camping policy stating it targeted the most fragile and vulnerable population who would not have the resources to pay fines. She spoke about the problems experienced by Boulder, Colorado and Sacramento, California who had similar laws.

Nic Tynan, Livermore, said not every homeless person was a negative impact on the city.

Lori Pavich, Livermore, said the majority of the homeless return to the cities where they were raised because it is where they felt the safest. She asked the Council to be compassionate when they made their decision and to do everything possible to meet the needs of the homeless.

Don Meeker, Livermore, said there should be an ordinance with steps to help people get out of homelessness, and how to help homeless single men. He read the preamble to the Constitution of the United States and declared justice for the homeless.

Jacky Poulsen, Livermore, said the City could not take away the homeless housing encampments without providing options in return.

Dave LeVesque, Livermore, spoke in support of the camping policy. He said the encampments along the arroyo were long neglected safety and health concerns to the citizenry and potential risks to the City. He spoke of the lack of maintenance of the Arroyo Mocho area and the contamination of water flowing down the creek to other communities. He thanked CM Gary for his assistance in eliminating the illegal sale of drugs that was occurring along the creek right behind his house.

Terry McCune, Livermore, said the creek had been littered by the homeless with broken glass and human waste. He described an unconscious person found along the bike path that he and young children had experienced. He said the area should be protected for the entire community.

Mickey Kundert, Livermore, expressed concern that public servants did not have a depth of knowledge about the local homeless. She said the City needed to do something other than make it tougher for the homeless.

Marsha McInnis, National Alliance on Mental Illness, Livermore, compared the proposed camping policy to a failed law by San Francisco. She said there were not enough services in Livermore. She asked for the City to partner with other organizations and governing groups to regionally address and find more permanent solutions to encampments.

Michael Duncan, Livermore, spoke in support of the camping ordinance. He said he could no longer use the bike paths without being accosted by homeless people. He said the area was too dangerous for him and his family to use.

Mayor Marchand said the camping policy was not an ordinance against the homeless; this was a public health and safety ordinance to support the entire community. The ordinance would enable the City to identify the people in greatest risk and need, and to direct them towards the services that could help them. He said the homeless with mental health issues could not be helped while living in a nameless, faceless campsite in the middle of the arroyo. He spoke regarding the unsafe and unsanitary conditions along the arroyo and that the City did not have the authority to clean up a camp at this time. There was no sanitation along the arroyo; the water in the arroyo was being contaminated and was littered with trash. The polluted water flowed downstream to the groundwater basin used for drinking water as well as children playing in the same water. He said the ordinance was not about fines or creating revenue but to get the attention of offenders. He said the City was not criminalizing poverty. The City of Livermore had the only shelters in the Tri-Valley area. Other Tri-Valley cities were sending their homeless to Livermore and even issued vouchers to bus them to Livermore. Because of the services provided, Livermore had become a magnet to the homeless in the area. He said this was a regional issue that needed regional resources and regional solutions. He said Dr. Sowers at the Veterans Administration had committed to end veteran homelessness by 2015. Mayor Marchand said the ordinance would help to communicate the resources available and help the homeless to get out of a nameless, faceless camp.

Police Chief Michael Harris said the Police Departments response to these issues was largely complaint driven. This ordinance would provide the legal foundation and tool to address and investigate the issue and determine if there was a violation. At the same time, this would provide the opportunity for individuals to be evaluated and provided with helpful information for services available that would meet their needs on a case by case basis. Without the ordinance, the police were on shaky ground with the authority to deal with the situation. As with any new law, there was a period of education; officers had discretion and would use the opportunity to communicate, evaluate, and provide information for needed services.

CM Turner said any item that dealt with civil liberties should not be on the Consent Calendar. She said the homeless should be helped by providing services and not by fines or putting them in jail. She said there was nothing in the ordinance that identified providing services. She said the contaminated groundwater issue could be resolved by installing a port-a-potty. She said the ordinance harmed the people in the community that should be protected. Fining or jailing people would not solve the issue, but would create more problems for them in the future. She said the City needed to find a way to project them, keep them in Livermore, and give them a chance. She supported protecting the arroyo but there had to be a better way to find a solution. She said she was opposed to the ordinance.

In response to questions by Mayor Marchand, Assistant City Manager Troy Brown said it was not uncommon for ordinances to be placed on the Consent Calendar for introduction and for adoption. He said in the future, any item pertaining to civil liberties would not be placed on the Consent Calendar.

Mayor Marchand said the purpose of the ordinance was not to put people in jail or to fine them. The ordinance provided the ability and authority to remove the encampments. The City had provided millions of dollars over the course of several years in Community Development Block Grant funds which provided a number of services to the poor and the homeless.

CM Gary said the entire Council respected the passion on the issue and appreciated the assistance from Livermores faith based communities. Solving homelessness was hard; there was not enough governmental money on a federal, state or local level. He said few communities had a living arroyo with water running through it recharging the groundwater for the pleasure of the entire community. The Boy and Girl Scouts were required to have a permit to enjoy the arroyo, while a segment of society was allowed to violate 200 years of health and safety laws that limited the spread of communicable disease. Mr. Meekers comments regarding justice justice was for everyone those that followed the body of law to protect the health and safety not just those who chose to ignore the law because they had one or more issues in their lives. He said the ordinance was a balanced step and represents all of the people in Livermore. He said the penalty for violations section of the ordinance was there as a compliance tool for repeat offenders. He said he personally had witnessed many of the same problems on the trail testified to during Citizens Forum and had heard from many neighbors on both sides of the path. CM Gary said this ordinance would provide a clearly defined public policy to guide the actions of the Police Department. He supported introduction of the ordinance.

CM Horner said camping in the arroyos without sanitary facilities was neither safe nor within the publics interest. He said the alternative of an infraction leading to a misdemeanor would provide some motivation to take advantage of available services. He encouraged continued work with faith based organizations to provide necessary services but camping in the arroyo was an unacceptable option. He supported introduction of the ordinance.

VM Woerner said he had witnessed firsthand the changes that had taken place along the arroyo. He agreed with the Mayor and CMs Gary and Horner stating this was a regional problem to be solved regionally. He said the ordinance was a tool that gave better legal footing, addressed the problem and engaged for a positive solution. He noted one of the City provided programs was the Homeless Prevention Program. He supported introduction of the ordinance.

In response to questions by VM Woerner, Assistant City Attorney Kevin Young said the City had the legal ability to abate the encampments. He had reviewed similar ordinances from other cities; Livermores was much more humane, and there were no violations to civil rights. He did not anticipate legal challenges as experienced by the cities of Sacramento or San Francisco.

Mayor Marchand said the City had spent several million dollars over the past few years for the poor and the homeless. In 2008, there were probably between 12-16 homeless in Livermore; now, in 2013, the best estimate was up to 60-80 homeless persons. He said the City had done a good job on helping to sustain the homeless in Livermore, but needed to develop a pathway out of homelessness. He said in the upcoming month, he would be convening a Homelessness Summit to bring together the service providers, the advocates and the public.

ON THE MOTION OF CM HORNER, SECONDED BY CM GARY AND CARRIED ON A 4-1 VOTE, CM TURNER VOTING NO, THE CITY COUNCIL INTRODUCED THE ORDINANCE.

CM Gary requested staff schedule a public conversation on the state of homeless services in Livermore prior to the adoption of the next fiscal year budget.

VM Woerner requested staff prepare a specific report on the status of homelessness in Livermore. He said the report should include the number of homeless, how that number had evolved over time, projections for the future, where they were coming from, why they came to Livermore, the services needed, and which services would be accepted.

5. PUBLIC HEARINGS None.

6. MATTERS FOR CONSIDERATION

6.01 Discussion and direction regarding City Council appointments to Intergovernmental Agencies.

Mayor Marchand appointed VM Woerner to the Altamont Landfill Open Space Account Advisory Committee and removed the Tri-Valley Safe Committee from the Intergovernmental Agencies roster due to long-term inactivity.

6.02 Discussion and direction regarding the Art in Public Places program, and review of the Public Art In-Lieu Fee.

Recommendation: Staff recommended the City Council provide direction regarding the extension of Chapter 12.51 of the Municipal Code, the Art in Public Places Program, and the convening of a Cultural Arts Fee Task Force to review and advise if the City should adjust the amount of the Art In-lieu Fee as defined in 12.51.100 of the Municipal Code.

Human Services Program Manager Jean Prasher presented the staff report.

ON THE MOTION OF MAYOR MARCHAND, SECONDED BY VM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL DIRECTED STAFF TO EXTEND CHAPTER 12.51 OF THE MUNICIPAL CODE AND CONVENE A CULTURAL ARTS FEE TASK FORCE.

6.03 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 he attended the recent Intergovernmental Committee meeting. He said the Livermore Valley Joint Unified School District reported they were still considering going out for a general obligation bond for facilities. He said the School Board was considering the subject.

Livermore Reads Together CM Horner said on January 26, 2014 he attended the library program featuring the author of The Beekeepers Apprentice.

Advisory Bodies Interviews CM Turner said on January 23, 2014, she and CM Horner conducted interviews for City Council Advisory Bodies.

Fireworks CM Gary said he and the Mayor attended an ad-hoc meeting at Las Positas College to begin preliminary discussions for hosting the 4th of July fireworks in 2014.

Mayors Report VM Woerner said on January 23, 2014 he presented the Mayors Report on TV30.

Livermore-Amador Valley Transit Authority (LAVTA) VM Woerner said on January 27, 2014 he attended the Projects and Services subcommittee meeting to discuss Dial-a-Ride.

Homelessness VM Woerner requested staff prepare a specific report on the status of homelessness in Livermore. He said the report should include the number of homeless, how that number had evolved over time, projections for the future, where they were coming from, why they came to Livermore, the services needed, and which services would be accepted.

Alameda County Transportation Commission (ACTC) Mayor Marchand said on January 16, 2014 he attended the ACTC ad-hoc Transportation Expenditure Plan (TEP) meeting. He said the TEP would be placed on the November 2014 ballot and would include $400 million for BART to Livermore (along the I-580 alignment to Isabel), $651 million for bike and pedestrian and $770 million for para-transit.

U.S. Conference of Mayors Mayor Marchand said while attending the conference in Washington, D.C., he spoke with Secretary of Transportation Anthony Foxx about the $660 million of new start funds. He was on the U.S. Council of Mayors Water Task Force and was a member of WIFIA (Water Infrastructure Financing and Innovation Authority), a program that would save millions of dollars in water infrastructure projects. He spoke with National Nuclear Security Administrator Bruce Held and invited Energy Secretary Ernest Moniz to Livermorium Day on May 30, 2014.

Bay Area Rapid Transit (BART) Alignment Mayor Marchand said on January 27, 2014 he attended a meeting with BART staff regarding the BART alignment on I-580 to Isabel Avenue.

Council Benefits Mayor Marchand requested a report on the total remuneration of benefits provided to the City Council. In addition, he requested a survey of other Tri-Valley Councils benefits for comparison.

Homelessness Summit Mayor Marchand said in addition to the report on homelessness, he requested staff organize a summit to discuss the issues related to homelessness, the services provided and how to assist people out of homelessness.

Stage Two Jets Mayor Marchand requested staff prepare a cost analysis of mounting a retired Lear jet at the Livermore airport to commemorate the ban on the noisy jets. He said there would be no cost for the jet, just for the mounting.

8. ADJOURNMENT The Regular Meeting adjourned at 8:25 pm to the continued Closed Session.

APPROVED:
JOHN P. MARCHAND, MAYOR