October 23, 2017

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REGULAR MEETING

1.

CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:00 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

1.01 ROLL CALL - Present: Mayor John Marchand, Vice Mayor Steven Spedowfski, and Council Members Robert W. Carling, Bob Coomber, and Bob Woerner.

1.02 PLEDGE OF ALLEGIANCE

1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION

Mayor Marchand said there was no reportable action.

2.

PROCLAMATIONS AND PRESENTATIONS

2.01 Beautification Committee Annual Update.

Chairperson Eric Getz presented the annual committee update.

Mayor Marchand presented the 2017 Beautification Awards.

3.

CITIZENS FORUM

Vera Olmo, Livermore, spoke regarding being homeless for seven years and receiving a ticket for sleeping in her car.

Robert Lopez, spoke regarding being homeless in Livermore.

David McGuigan, continued speaking about the Police Department and the Mayor.

John Stein, Livermore, spoke regarding the development of the Downtown and made suggestions to maintain the businesses and character.

Greg Scott, Livermore, said he was grateful for the homeless programs in the City, and said there should be a focus on the causality of homelessness.

Lisa Tomovich, Livermore Shakespeare Festival, expressed appreciation for City support.

4.

CONSENT CALENDAR

Mayor Marchand removed Item 4.01 from the Consent Calendar for separate discussion and action.

ON THE MOTION OF VM SPEDOWFSKI, SECONDED BY CM COOMBER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEMS 4.02 THROUGH 4.06.

4.02 Ordinance introduced amending Municipal Code Section 6.12.140 Dog Leash Requirements, to remove certain instances when dogs may be off leash, and to update leash requirements.

4.03 Ordinance introduced amending Municipal Code 2.68.430 Surplus Supplies and Equipment, to grant the Administrative Services Director the authority to surplus police canines and kennels.

4.04 Resolution 2017-170 determining that there remains a need to continue the emergency proclamation declared on March 15, 2017 for the February 19, 2017 flood damage

4.05 Resolution 2017-171 authorizing the issuance of a Project and Program Grant in the amount of $10,000 to Livermore Shakespeare Festival to support the 2018 summer program, and authorizing execution of the grant agreement.

4.06 Resolution 2017-172 authorizing execution of a three-year agreement with Cintas Corporation in a total amount not to exceed $180,000 to provide and launder rental uniforms and textiles for the Public Works Department

4.01 Introduction of an ordinance amending and replacing Chapter 5.80 - Medical Marijuana Dispensaries and Chapter 5.90 - Commercial Cultivation of Marijuana for Medicinal Purposes of the Livermore Municipal Code to prohibit all commercial cannabis activities in the City of Livermore ; AND

Resolution affirming that commercial cannabis activity land uses are prohibited in the City of Livermore.

Mayor Marchand invited public comment.

Randi Knott, Director of Government & Public Affairs, Genezen, presented a proposal for a dispensary in Livermore.

Anthony Rangel, Nature's Remedy Collective, said Alameda County's dispensaries were going to provide smokeable products only.

In response to questions by CM Carling, Community Director Paul Spence said staff was unaware of the number of applications submitted to the County.

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

Ordinance Introduced amending and replacing Chapter 5.80 - Medical Marijuana Dispensaries and Chapter 5.90 - Commercial Cultivation of Marijuana for Medicinal Purposes of the Livermore Municipal Code to prohibit all commercial cannabis activities in the City of Livermore ; AND

Resolution 2017-173 affirming that commercial cannabis activity land uses are prohibited in the City of Livermore.

5. PUBLIC HEARINGS - None

6.

MATTERS FOR CONSIDERATION

6.01 Update on the status of Downtown Public Engagement and consideration of amending the agreement with PlaceWorks, in a not-to-exceed amount of $283,500, for the facilitation of the Downtown Public Engagement - Phase Two.

Recommendation: Staff recommended the City Council accept this update on Downtown public engagement; and adopt a resolution authorizing execution of the first amendment to an agreement with PlaceWorks, for an additional amount not to exceed $283,500, for the facilitation of Phase Two of the Downtown Public Engagement Plan.

Planning Manager Steve Stewart presented the staff report.

Mayor Marchand invited public comment.

Jean King, Livermore, said the outreach should be continued and the budget expanded. She read a statement from Jeff Kaskey regarding the public outreach process.

John Stein, Livermore, spoke regarding the public outreach process and said there should be some clearly defined goals.

David Rounds, Livermore, spoke in support of staff recommendation.

IT WAS MOVED BY CM CARLING, SECONDED BY VM SPEDOWFSKI TO ACCEPT THE UPDATE AND ADOPT THE RESOLUTION.

CM Woerner said goals needed to be articulated and a logical process would be followed to get to a reasonable answer.

MAYOR MARCHAND CALLED FOR THE VOTE.

THE MOTION CARRIED ON A 5-0 VOTE AND THE CITY COUNCIL ACCEPTED THE REPORT AND ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2017-174 authorizing the signing of the first amendment to the agreement with PlaceWorks, to increase the not-to-exceed amount by $283,500 for the facilitation of the downtown public engagement.

6.02 Discussion and direction regarding the East Bay Regional Park District's grant request in the amount of $132,200 from the Altamont Landfill Settlement Agreement Open Space Account, for the acquisition of a recreational trail easement and an emergency vehicle access easement to provide public access to the Doolan Canyon Regional Preserve.

Recommendation: Staff recommended the City Council adopt a resolution accepting the Altamont Landfill Open Space Committee's recommendation to authorize the East Bay Regional Park District's grant request in the amount of $132,200, for the acquisition of the land. APNs 905-0005-001-01 and 905-9995-006-02

Associate Planner Andy Ross presented the staff report.

In response to questions by CM Coomber, Mr. Ross said there was no estimated date for the opening of the public access.

IT WAS MOVED BY CM WOERNER, SECONDED BY CM COOMBER. AND CARRIED ON A 5-0 VOTE, AND THE CITY COUNCIL APPROVED STAFF RECOMMENDATION AND ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2017-175 accepting the Altamont Landfill Open Space Committee's recommendation to authorize the East Bay Regional Park District's grant request, in the amount of $132,200 for the acquisition of a 1.5 acre fee area, an approximately 2,827 linear-foot recreational trail easement, and an approximately 2,878 linear-foot emergency vehicle access easement to provide public access to Doolan Canyon Regional Preserve (Assessor's parcel number 905-0005-001-014 and 905-9995-006-02)

6.03 City Council Goals and Priorities Fiscal Years 2017-19 Update.

Recommendation: No action required. This report is for information only.

Assistant to the City Manager Christine Rodrigues presented the update.

THE CITY COUNCIL ACCEPTED THE UPDATE.

7.

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

7.01 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members.

Livermore Amador Valley Transit Authority (LAVTA) CM Coomber said he attended the board meeting.

StopWaste CM Carling said on September 27, 2017 he attended the meeting.

Tri-Valley City Council Meeting CM Carling said on September 27, 2017 he attended the meeting.

All Employee Barbecue CM Carling said on October 4, 2017 he attended the event.

Anniversaries CM Carling said he and Mayor Marchand attended the 60th anniversary celebration of Zone 7 and the 50th anniversary of Del Valle Dam.

Lawrence Livermore National Lab (LLNL) CM Carling said on October 10, 2017 he attended the Foundation kick-off.

Community Monitoring Committee CM Carling said on October 11, 2017 he attended the landfill management meeting.

StopWaste CM Carling said on October 12, 2017 he attended the meeting.

Draexlmaier CM Carling said on October 15, 2017 he attended the ribbon cutting ceremony.

East Bay Community Choice Energy CM Carling said on October 18, 2017 he attended the meeting.

CM Carling received consensus from Council to receive a report on the number of applications received by Alameda County for medicinal cannabis dispensaries in the Livermore area. He wanted to ensure there would be a dispensary in Livermore and there would be a full range of products including edibles, lotions, oils in addition to only smoking products.

Draexlmaier CM Woerner said on October 15, 2017 he attended the ribbon cutting ceremony.

Sister City CM Woerner said he represented the City of Livermore in Japan for the 40th anniversary with one of the City's Sister Cities, Yotsukaido, Japan.

Livermore Downtown Inc. CM Woerner said he attended the meeting.

Intergovernmental Meeting CM Woerner said he attended the meeting.

Altamont Open Space CM Woerner said he attended the meeting.

CM Woerner received consensus from Council to direct staff to prepare a report for the November 13, 2017 City Council meeting information on providing 6-8 handicapped parking spaces on the northeast side of the Bankhead Theater.

Alameda San Joaquin Regional Rail Working Group VM Spedowfski said he attended the meeting.

Wheels VM Spedowfski said he attended the meeting. Ridership continues to increase due to the realignment and Las Positas student ridership increase from 400 to 600 rides per day.

BART Station Parking VM Spedowfski said BART riders could take the 580X from the Livermore transit station and avoid the limited parking at the BART stations.

Switch VM Spedowfski said he visited the new location for Switch and was looking forward to the grand opening.

State of the City Mayor Marchand said on October 5, 2017 was his State of the City Town Hall meeting.

Alameda San Joaquin Regional Rail Working Group Mayor Marchand said he attended the ACE train meeting on October 6, 2017.

Alameda County Transportation Commission (ACTC) Mayor Marchand said on October 9, 2017 he attended the meeting. He also attended the Planning, Policy and Legislation meeting. He said over the last ten years the average speed on I580 had dropped from 42 mph to 16 mph.

Alameda County Mayors Conference Mayor Marchand said he attended the meeting.

East Bay Economic Development Alliance Mayor Marchand said on October 12, 2017 he attended the meeting.

Draexlmaier Mayor Marchand said on October 15, 2017 he attended the ribbon cutting ceremony.

Lawrence Livermore National Lab Security (LLNL) Mayor Marchand said on October 19, 2017 he attended the grant program meeting.

Korean Festival Mayor Marchand said on October 21, 2017 he attended the festival at the Livermore Civic Center Library.

Diwali Festival Mayor Marchand said he attended the Hindu celebration festival at the Bankhead Plaza.

Mayor Marchand received consensus from the Council to receive information on enforcement of dog walkers picking up after their pets.

8.

ADJOURNMENT - at 8:32 pm to a regular City Council meeting on Monday, November 13, 2017 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

SUSAN NEER, CITY CLERK