January 11, 2016
1. CALL TO ORDER - CALL TO ORDER / PLEDGE OF ALLEGIANCE The meeting of the City Council was called to order by Mayor John Marchand at 7:01 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.
1.01 ROLL CALL - Present: Mayor John Marchand, Vice Mayor Stewart Gary, and Council Members Steven Spedowfski, Laureen Turner, and Bob Woerner.
1.02 PLEDGE OF ALLEGIANCE
2. PROCLAMATIONS AND PRESENTATIONS - None.
3. CITIZENS FORUM CITIZENS FORUM
Connie Kopps, Livermore, requested a copy of the lease agreement between the City and the Springtown Association.
Katheryn Barker spoke regarding improvements to the pedestrian signals in the downtown.
John Stein, Livermore, spoke regarding the Airport Protection Area and housing in the areas surrounding the airport.
Don Meeker, Livermore, spoke regarding Livermore council meetings in January 1916.
4. CONSENT CALENDAR CONSENT CALENDAR
Item 4.01 Connie Kopps, Livermore, spoke regarding the preparation of meeting minutes.
In response to questions by Mayor Marchand, City Clerk Susan Neer said that minutes were prepared to capture the official actions of the Council and were not a verbatim or detailed summary of the meetings. She said meeting minutes with links to the actual video recordings of the meeting were available on the website.
ON THE MOTION OF CM TURNER, SECONDED BY CM WOERNER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
4.01 Approval of Minutes - December 7, 2015, special City Council meeting and December 14, 2015, regular City Council/Livermore Successor Agency meeting.
4.02 Resolution 2016-001 authorizing issuance of a purchase order with L.N. Curtis & Sons, in an amount not to exceed $200,000, for the purchase of materials, supplies, and other fire equipment for the Livermore-Pleasanton Fire Department for Fiscal Year 2015-16.
4.03 Resolution 2016-002 amending Resolution No. 72-79 to allocate Senior Police Clerk and Senior Public Safety Dispatcher to the Association of Livermore Employees Salary Schedule.
5. PUBLIC HEARINGS
5.01 Hearing to consider formation of Community Facilities District No. 2016-1 (Sage Maintenance) pursuant to the Mello-Roos Community Facilities Act of 1982.
Recommendation: Staff recommended the item be continued to a date to be determined.
THE CITY COUNCIL CONTINUED THE ITEM TO A DATE TO BE DETERMINED.
6. MATTERS FOR CONSIDERATION MATTERS FOR CONSIDERATION
6.01 Discussion and direction regarding City Council appointments to Intergovernmental Agencies. None.
6.02 Asset Management Program Update.
Recommendation: Staff recommended the City Council accept the proposed work plan and approve the general direction of the Asset Management Program.
Management Analyst Anthony Smith presented the staff report. Collin Chung, Principal Management Consultant at Kayuga Solution, presented the proposed work plan for the Asset Management Program.
CM Woerner spoke regarding timing to failure in the risk category. He suggested that some of the assets be categorized separately, such as roads, which would need federal funding assistance. He also suggested that the park and school districts be invited to participate in the Asset Management Program.
VM Gary spoke regarding timing to failure in the risk category. He said public health considerations, such as providing water and the power to pump water and sanitation, should be weighted with higher significance than other assets such as park benches. He said with regard to budgeting, there needed to be a policy to identify funding sources such as bonds and grants, and part of the model should acknowledge the usage of funds, whether cash flow or debt load. He said there should be a policy for the appropriate use of debt.
In response to questions by CM Turner, Maintenance and Golf Operations Manager Jeff Shafer said the program identified City owned properties maintained by Livermore Area Recreation and Park District (LARPD) and not LARPD specific properties. He said the Citys properties owned by enterprise funds were reviewed separately.
In response to questions by CM Spedowfski, Mr. Smith said the data collection efforts would take approximately six months; the total process would take 18-24 months. Mr. Chung said management and maintenance of the database would require someone who had a complete understanding of the assets. He said once the database was completed, a determination would be made as to the staffing required to maintain it.
Mr. Chung spoke regarding the benefits of an infrastructure committee. He said the committee would need an education on the wide variety of the Citys assets to have a complete understanding of service levels and associated costs. He said many of the questions asked by Council would be best addressed one year from now when the data collection was complete.
VM Gary suggested incorporation of the Citys mobile application into the program.
CM Woerner said the asset management program needed to be practicable; it needed to be a thorough assessment to provide an understanding of the problem to help provide a reasonable solution.
Mayor Marchand invited public comment.
Connie Kopps, Livermore, spoke regarding the program.
David McGuigan, Livermore, spoke regarding determining the types of assets to be entered into the database. He suggested meeting with other cities who had asset management programs to find out what their long term benefits were.
THE CITY COUNCIL APPROVED THE WORK PLAN AND GENERAL DIRECTION OF THE ASSET MANAGEMENT PROGRAM AND PROVIDED DIRECTION TO STAFF.
6.03 Discussion and direction regarding a temporary ban on the commercial cultivation of medical marijuana.
Recommendation: The Planning Commission and staff recommended the City Council introduce an ordinance adding Chapter 5.90 to the Livermore Municipal Code prohibiting the commercial cultivation of cannabis for medical purposes for a period of eighteen months.
Senior Planner Scott Lee presented the staff report.
Mayor Marchand said the item was to preserve local control over the commercial cultivation of medicinal marijuana.
City Attorney Jason Alcala said there was a bill pending before the state legislature trying to clean up the current language. He said it was not anticipated that the state would finish the language update prior to the effective date of March 1, 2016. He said the ordinance pertained to cultivation of marijuana. Staff would return to Council for discussions related to dispensaries, deliveries, and cultivation in the next few months. He stated this was to preserve local control of the commercial cultivation of marijuana.
Vice Mayor Gary suggested the ordinance language be amended to read for a period of up to 18 months. He said the purpose of the ordinance was to give the City some breathing room to preserve local control of the cultivation of medicinal marijuana.
In response to questions by CM Spedowfski, Mr. Alcala said the author of the bill had not intended to include the land use regulations due date of March 1, 2016. He verified the ordinance was to close the loophole created by the State and to preserve local control.
In response to questions by CM Woerner, Mr. Alcala said the Council had the ability to change the time period of the ban at any time. He said staff picked 18 months as a reasonable amount of time period in which to evaluate the current legislation.
Mayor Marchand invited public comment.
Oscar Murillo spoke in opposition of the open recreational use of marijuana.
In response to questions by Mayor Marchand, Mr. Alcala said the new legislation by the state has dual licensing requirements by both the state and the city. This action was to preserve the citys licensing. He said the cost for the temporary ban was staff time to prepare the ordinance.
Stacey Swanson, Livermore, spoke in support of a ban on the commercial cultivation of medical marijuana in Livermore.
Jessica Morales, Livermore, spoke in support of medicinal marijuana.
Marilyn Jay, Shasta County, spoke in support of medicinal marijuana.
Mayor Marchand said this ordinance was for a temporary ban on commercial cultivation and not personal cultivation.
CM Turner said she was a proponent of medicinal cannabis and was hopeful to have legalized dispensaries in Livermore. She said she wanted to make certain the product was tested properly and grown without pesticides so that it was a safe product. She said she wanted to tax it and use the proceeds for funding needs in the city like infrastructure maintenance. She supported adoption of the ordinance to provide staff adequate time to provide options and to have community discussions in the future.
CM Woerner said he agreed with CM Turners comment.
ON THE MOTION OF CM WOERNER, SECONDED BY VM GARY AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL INTRODUCED THE ORDINANCE AS AMENDED TO INCLUDE COUNCILS INTENT THAT THE TEMPORARY BAN IS ONLY UP TO 18 MONTHS TO ALLOW STAFF TIME TO ANALYZE THE NEW LEGISLATION AND FOR THE COUNCIL AND COMMUNITY TO HAVE A DISCUSSION CONCERNING THE REGULATION OF MEDICAL MARIJUANA IN LIVERMORE.
6.04 Discussion and direction regarding pending State or Federal legislation.
Senior Management Analyst Donna Pontau provided an update on the state and federal legislative platform, the Governors budget, AB1591 and affordable housing.
7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS 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 Council Members.
CM Woerner did not have a report.
CM Turner did not have a report.
Star Wars: The Force Awakens CM Spedowfski said on December 17, 2015, he attended the preview night for the Star Wars movie. He said the Livermore Cinema handled crowd management very well.
Livermore Amador Valley Transit Authority (LAVTA) CM Spedowfski said on January 4, 2016, he attended the board meeting where LAVTAs legislative platform was approved.
East Bay Community Choice Energy CM Spedowfski said on January 6, 2016, he attended the meeting. He said the feasibility study should be completed by May.
San Francisco Chronicle Wine Competition CM Spedowfski stated Livermore Valley wineries had won 120 medals.
Christmas Day CM Spedowfski expressed his thanks and appreciation to Livermore Police and Livermore-Pleasanton Fire staff for their generosity resulting from a tragic situation.
The Big Short VM Gary said he did not have a report; however, he recommended the movie.
Turning Red Tape into Red Carpet Mayor Marchand said on December 16, 2015, he attended the event for the veterans home ownership program.
Forbes Magazine Mayor Marchand said the City of Livermore was recognized in the magazine for the amazing transformation of the downtown.
Livermore Cultural Arts Council (LCAC) Mayor Marchand said on January 6, 2016, he attended the meeting. There was discussion regarding the Downtown Request for Proposal and the hotel.
Alameda County Transportation Commission (ACTC) Mayor Marchand said on January 11, 2016, he attended the meeting. There was an update on the I-580 project which should go live mid-February.
Popular Annual Financial Report (PAFR) Mayor Marchand said the PAFR document, which allowed easier access to the Citys financial information, was available on the Citys web site.
8. ADJOURNMENT ADJOURNMENT - at 8:46 pm to a regular City Council meeting on Monday, January 25, 2016, at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.
JOHN P. MARCHAND, MAYOR
SUSAN NEER, CITY CLERK