CITY COUNCIL MINUTES

March 10, 2014

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REGULAR MEETING

1. PLEDGE OF ALLEGIANCE/CALL TO ORDER The meeting of the City Council was called to order by Vice Mayor Bob Woerner at 7:05 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

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

Mayor Marchand was absent/excused.

VM Woerner said Mayor Marchand participated in the Closed Session via teleconference; he would not be participating in the regular meeting.

1.02 PLEDGE OF ALLEGIANCE City of Livermore Girl Scouts conducted the flag ceremony.

1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION City Attorney Jason Alcala said there was no reportable action.

2. PROCLAMATIONS AND PRESENTATIONS

2.01 Proclamation declaring March 9-15, 2014 Girl Scout Week.

Vice Mayor Woerner presented a proclamation to members of Livermore Girl Scouts declaring March 9-15, 2014 Girl Scout Week.

3. CITIZENS FORUM

Steve Goodman, Livermore, said Granada High School was celebrating its 50th birthday Memorial Day Weekend and invited all to attend the golf tournament at Las Positas on Friday, May 23rd, and other events during the day on Saturday, May 24th.

Mitchell Abdallahl, Sacramento, spoke regarding the Tree of Life Group, and submitted a letter requesting the City change the ban on medical marijuana dispensaries in the City.

Ramin Ahmed, CEO, Tree of Life, said Tree of Life was a non-profit medical collective that served the community.

Andrea Sarbak, Livermore, spoke in support of the Tree of Life. She asked the Council to provide the service of a medicinal marijuana dispensary in the City to serve its residents.

Jeff Sarbak, Livermore, spoke in support of the Tree of Life and said using medical cannabis helped reduce dangerous chemicals in his body.

Jim Schmidt, Livermore, spoke regarding the high cost of closing the Bankhead Theater and the depressing effect on the surrounding businesses and the arts and culture in the community.

Pat Ferguson, Livermore, spoke regarding special funds used for the Bankhead Theater. She said the Council should try and purchase the Bankhead at the lowest cost possible.

Ryan Jones, spoke in support of the Tree of Life and that marijuana helped him to focus in school better. He said closing the dispensary could create more problems than it solved.

Don Meeker, Livermore, spoke regarding the sewer systems in 1908 to 1914.

Elizabeth Reynolds, spoke regarding her personal need and benefit from medical marijuana.

Deanne VanKirk spoke regarding her personal need and benefit from medical marijuana, hemp seeds and hemp hearts.

Taylor Yapp spoke in support of the Tree of Life and his personal benefit from medical marijuana.

Judy Galletti, Livermore, spoke regarding the Constitutional Champions Camp.

4. CONSENT CALENDAR

CM Turner requested Item 4.06 be removed from the Consent Calendar and voted on separately.

Item 4.06 Pat Ferguson spoke regarding homelessness, the economy, government funding and services.

ON THE MOTION OF CM GARY, SECONDED BY CM HORNER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED ITEMS 4.01-4.05 ON THE CONSENT CALENDAR.

ON THE MOTION OF CM GARY, SECONDED BY CM HORNER AND CARRIED ON A 3-1 VOTE, CM TURNER VOTING NO, THE CITY COUNCIL APPROVED ITEM 4.06.

4.01 Approval of Minutes - February 24, 2014 regular City Council meeting.

4.02 Resolution 2014-029 declaring non-complying parcels a public nuisance requiring abatement, directing staff to proceed with the 2014 Fire Hazard Abatement Program, and setting a public hearing date of April 28, 2014.

4.03 Resolution 2014-030 authorizing execution of an agreement with DeSilva Gates Construction LP in the amount of $2,319,838, for construction of the El Charro Specific Plan Infrastructure Phase 2A, Project No. 2007-2044.

4.04 Resolution 2014-031 authorizing execution of a Low Income Housing Agreement with SummerHill Brisa, LLC for the subdivision located at the intersection of Vasco Road and Brisa Street (VTTM 7870).

4.05 Resolution 2014-032 authorizing execution of the first amendment to the lease agreement with Livermore Premium Outlets, LLC for overflow parking on Livermore Municipal Airport property.

4.06 Resolution 2014-033 approving the Guidelines for Implementation of the Camping Ordinance.

5. PUBLIC HEARINGS

5.01 Tax Equity and Fiscal Responsibility Act (TEFRA) hearing regarding the issuance of tax exempt bonds by the Public Finance Authority for and on behalf of, and for the benefit of, Educational Media Foundation, a California nonprofit corporation.

Recommendation: Staff recommended this item be continued to the March 24, 2014 City Council meeting.

ON THE MOTION OF CM HORNER, SECONDED BY CM GARY AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL CONTINUED THE HEARING TO THE MARCH 24, 2014 CITY COUNCIL MEETING.

6. MATTERS FOR CONSIDERATION

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

6.02 Discussion and direction regarding City Council benefits.

Recommendation: Staff recommended the City Council provide direction.

THE CITY COUNCIL RESCHEDULED THIS ITEM TO THE MARCH 24, 2014 CITY COUNCIL MEETING.

6.03 Discussion and direction regarding the approval of the 2014 Alameda County Transportation Expenditure Plan (TEP) and request that the County Board of Supervisors place the TEP on the November 4, 2014 ballot. The ballot measure supported by the TEP will augment and extend the existing half-cent sales tax for transportation in Alameda County, for a 30-year term to fund the transportation programs and projects described in the TEP.

Recommendation: Staff recommended the City Council adopt a resolution approving the 2014 Alameda County Transportation Expenditure Plan (TEP) and request that the County Board of Supervisors place the TEP on the November 4, 2014 ballot.

Assistant City Engineer Bob Vinn presented the staff report. Alameda County Transportation Commission Executive Director Art Dao presented an overview of the Transportation Expenditure Plan.

VM Woerner invited public comment.

In response to questions by CM Horner, Mr. Dao said there had not been an analysis done on how much sales tax would be generated from the City of Livermore. He said during the period of 2000-2014, the ACTC had invested over $1 billion of capital investment in the Tri-Valley area which included BART to Pleasanton, widening of State Route 84 twice, and improvements to I-580. He said Livermores sales tax dollars had been leveraged with state and federal dollars to accomplish these improvements.

In response to questions by CM Turner, Mr. Dao said there was $251 million to complete the three major multi-use trails in the County.

VM Woerner invited public comment.

Ron Williams, Amalgamated Transit, Local 192, spoke in support of Measure B and the many benefits expanded public transportation and trailways would provide to the community.

Pat Ferguson, Livermore, said public transportation was more expensive than single family cars and there should be more money for roads.

Joyce Willis, Amalgamated Transit, Local 192, spoke in support of Measure B stating buses provided needed transportation to students, disabled individuals, seniors and the working poor to locations not served by BART.

Judy Galletti, Livermore, said the TEP looked like a combination of One Bay Area and Measure B1. She spoke about increased car and truck traffic and the negative impact on air quality.

Dave Campbell, Bike East Bay, spoke in support of the TEP. He said it was important for the County to step up and fund the needed transportation projects.

Peter Marlow, Dublin, spoke in support of the TEP and said the passage of the measure would make his daily bicycle commute to Sandia National Labs much safer.

CM Gary said he supported placing the TEP on the November 4, 2014 ballot. He said leveraging local sales tax with state and federal dollars over the past twenty years had improved transportation in the tri-valley. He said in balance, this was a different project with the perpetuity clause being removed. He said there were many in the community that would have supported the previous measure had it not contained the perpetuity clause.

IT WAS MOVED BY CM GARY AND SECONDED BY CM TURNER TO APPROVE STAFF RECOMMENDATION.

VM Woerner said the TEP was a balanced measure with something for everybody. He said passage of the TEP would provide funding for SR84 and I-580 improvements as well as money to improve major commuter routes such as Greenville Road or Vasco Road. The TEP also included the much needed funding for maintaining local streets, funding for public transportation ACE and Wheels, funding for pedestrian facilities and trails. Most importantly, the TEP would provide a major investment of $400 million toward bringing BART to Livermore along I-580 to Isabel. He said the TEP was the first opportunity to get real significant money to get BART to Livermore after 40 years. He said this ballot measure included a sunset provision. He said it was very important to pass this measure for funding BART to Livermore along the I-580 corridor. He noted that any change of the alignment would require a vote of the citizens of Livermore.

VM WOERNER CALLED FOR THE VOTE.

THE MOTION CARRIED ON A 4-0 VOTE AND THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLTUION: Resolution 2014-034 approving the 2014 Alameda County Transportation Expenditure Plan and request that the County Board of Supervisors place the TEP on the November 4, 2014 ballot.

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.

CM Horner said he did not have a report.

Livermore Amador Valley Transportation Authority (LAVTA) CM Turner said on February 25, 2014 she attended a Financial Advisory Board meeting.

Stopwaste.org CM Turner said on February 26, 2014 she attended the meeting. She said there was a public hearing and discussion on the household hazardous waste fees and said there could be some changes to the fees forthcoming.

Medicinal Marijuana CM Turner spoke regarding her career as a nurse and the beneficial results to patients that used medical marijuana. She requested staff to conduct a study on the merits and drawbacks of amending the Citys code to allow for limited dispensary licenses.

CM Horner said he did not doubt the benefits of medicinal marijuana but was reluctant to have Livermore become a dispensary city and did not recommend staff spending time examining the issue further.

CM Gary said he medically and humanely agreed with CM Turners comments but suggested that due to the outcome of one or more initiatives pertaining to medicinal marijuana on the November 2014 ballot and limited bandwidth in staff, he suggested a memo outlining the needed research, timeline and projection of the next two ballots. He said the City needed to wait for the election outcome before proceeding.

VM Woerner said the testimony received during Citizens Forum was compelling and moving, and agreed with CM Garys comments to gather the facts and review the issue at the appropriate time.

The City Council directed staff to prepare a memo outlining current legislation, potential ballot measure(s), and input from the Police Chief on the impact of medicinal marijuana dispensaries.

CM Turner requested staff to investigate the delivery services in the City which were more concerning than the actual dispensary. She requested the memo include any other local dispensaries including the two in Pleasanton and one in Castro Valley.

CM Gary said he did not have a report.

Wheels VM Woerner said he attended the Board Meeting.

Homeless Issue VM Woerner said on March 9, 2014 he attended two meetings regarding the homeless issue with Police Chief Harris.

8. ADJOURNMENT at 8:35 pm to a regular City Council meeting on Monday, March 24, 2014 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.