APRIL 8, 2013





7:00 PM

1.01 Roll Call
Councilmember Doug Horner
Councilmember Laureen Turner
Councilmember Bob Woerner
Vice Mayor Stewart Gary
Mayor John Marchand
7:05 pm. All present.

1.02 Pledge of Allegiance

1.03 Report of Action Taken in Closed Session None.

2. PROCLAMATIONS AND PRESENTATIONS 2.01 Presentation of the Safe Routes to School Bike Essay Contest winners Alameda County Supervisor Scott Haggerty and Mayor Marchand presented certificates to the contest winners

2.01 Presentation of the Safe Routes to School Bike Essay Contest winners

2.02 WattzOn Community Outreach Program Presentation. Jon Enberg, WattzOn Senior Engagement Manager, presented the program

2.03 Poet Laureate Annual Update. Poet Laureate Cher Wollard presented the annual update

2.04 Proclamation honoring Library Services Director Susan Gallinger on her retirement. Mayor Marchand presented a proclamation honoring Library Services Director. Susan Gallinger on her retirement

3. CITIZENS FORUM John Stein, Livermore, spoke regarding increased crime, limited resources to meet the housing and infrastructure needs, the urbanization of communities in the Bay Area and the priority development area located near Isabel Avenue In response to questions by Mayor Marchand, Assistant City Manager Troy Brown confirmed that crime in the community was not directly related to workforce housing projects. He said low-to-moderate income could range from$50,000 - $105,000 annually.

Pat Ferguson, Livermore, spoke regarding Section 8 housing and reasons California employers and residents were leaving California

Don Meeker, Livermore, spoke regarding the Citys incorporation papers from 1876 and the establishment of fire protection and the boundaries of the school district.

Judy Galletti, Community Alliance for Property Rights, spoke regarding the 1976 Vancouver Summit Report, ICLEI, One Bay Area and the number of housing units for Livermore.

In response to questions by Mayor Marchand, Assistant City Manager Troy Brown said the number of housing units planned for the City of Livermore in the 2004 General Plan update was approximately 32,000; he said there were approximately 25,000 units currently in the city

Christian Turner, Livermore, spoke regarding the no clapping policy and questioned if first amendment rights were being violated Mayor Marchand said it was the mayors responsibility to conduct the meeting with decorum. He said the no applause policy was to create a comfortable environment for all to speak. He said the policy discouraged booing in addition to clapping

In response to questions by Mayor Marchand, City Attorney John Pomidor said the Council Rules of Procedure outlined the Mayors responsibility to conduct the meeting with decorum. The rule did not prohibit speakers from expressing themselves; in fact, the audience was requested to show support by raising their hands which was just as expressive as clapping

4. CONSENT CALENDAR VM Gary requested Item 4.07 be removed from the Consent Calendar for separate discussion and action

4.01 Pat Ferguson, Livermore, spoke regarding her comments pertaining to the Friends of Livermore and Livermore Valley Performing Arts Center in the minutes of the meeting

In response to questions by Mayor Marchand, City Clerk Susan Neer said staff prepared brief summary minutes primarily capturing the actions taken by Council She confirmed that staff did not prepare verbatim transcription of the meetings, and noted a video of the complete meeting was available on the Citys website for viewing

4.04 Judy Galletti, Livermore, spoke in opposition to approval of the resolutions

In response to questions by Mayor Marchand, City Engineer Cheri Sheets said Item 4.04 was for the resurfacing of the Citys arterial street system and had no connection to housing units. She said a portion of the solid waste franchise fees was established due to the heavy usage of trash trucks of the local residential streets

4.04 Pat Ferguson, Livermore, spoke regarding regional governments and grants

4.06 Pat Ferguson, Livermore, spoke against the City massively importing low-income people to Livermore

Item 4.02 In response to questions by CM Turner, Public Works Manager Judy Erlandson said currently there were three permanent haulers. On July 1, 2018 Livermore Sanitation would have the exclusive rights to haul materials for compensation


4.01 Approval of minutes - March 18, 2013 Adjourned Regular City Council Meeting and March 20, 2013 City Council Special Meeting - Closed Session

4.02 Introduction of an ordinance amending Chapters 8.08, 15.26 and 15.28 of the Livermore Municipal Code to eliminate the Permitted Hauler system for recyclables and construction and demolition debris

4.03 Resolution 2013-026 accepting the relinquishment of a portion of State Parcel No. 33925-1 at Kitty Hawk Road and Branson Way and a section of Portola Avenue between I-580 and East Airway Boulevard and waiving the requirement for a 90-days notice of Intention to Relinquish (Isabel Avenue/I-580 Interchange, Project No. 199238)

4.04 Resolution 2013-027 and Resolution 2013-028 supporting the submission of an application and committing local matching funds for $1,052,780 in One Bay Area Grant Program funds through the Metropolitan Transportation Commission; appropriating $1,052,780 in unallocated federal funds and re-appropriating $315,000 in Solid Waste and Recycling Impact Fees budgeted in Fiscal Year 2013-2014 from the 2013 Street Resurfacing Project to the 2014 Arterial Street Rehabilitation Project in Fiscal Year 2013-2014, and including the 2014 Arterial Street Rehabilitation Project in the 2012-2014 Capital Improvement

Program budget

4.05 Resolution 2013-029 approving adjustments to the 2010 Census Designated Urban Area Boundary for transportation purposes

4.06 Resolution 2013-030 establishing the affordable sales price, rent price, and income limits for the 2013 Below-Market For-Sale and Rental Programs


4.08 Resolution 2013-031 authorizing the City Attorney to execute two separate, full settlement agreements with 1) Owens & Minor, Inc., MTS Consulting, and the City of Fillmore; and 2) the City of Lathrop, both of which l resolve disputes concerning sales tax revenues

Item 4.07 VM Gary said he supported approval of the funding as recommended. He spoke regarding the importance and benefit of the Eden I&R 2-1-1 program and suggested including funding for the program in the fiscal year 2013-2014 budget. He suggested the county-wide program be funded on an annual basis by all cities on a per-capita or by call-service fair share formula that would eliminate the annual uncertainty for funding this important service to the entire community

In response to questions by Mayor Marchand, Assistant City Manager Troy Brown said funding for 2-1-1 could be included in the upcoming budget discussion. He said staff would discuss shared funding with the other participating cities at the Alameda County City Managers Association meeting

4.07 Don Meeker, Livermore, said human services provided support to those who were less fortunate and provided assistance for them to become self-supporting. He asked the City Council to develop a process to supplement existing funding for human services to assist those less fortunate

4.07 Barbara Bernstein Executive Director Eden I&R, 2-1-1 Communication System, spoke regarding the establishment of 2-1-1 and the leveraged funding plan with the participating cities. She said 2-1-1 was serving 10,000 people monthly. She spoke regarding the funding efforts to meet the annual budget and expressed appreciation for any assistance the City could provide to establish leveraged funding by all participating agencies

In response to questions by Mayor Marchand, Ms. Bernstein confirmed that Oakland had 50% of the calls and only provided 7.6% of the funding. She said the $100,000 annual contribution by the City of Oakland was a huge commitment for them

In response to questions by CM Woerner, Ms. Bernstein said the fixed variable ratio should be based on population and not number of calls. She said the number of calls was always fluctuating

4.07 Vicky Gwiasda, Executive Director, CALICO, said CALICO was a child advocacy program that served all of Alameda County. She expressed appreciation for the support. Mayor Marchand said in 2008 the Citys budget was cut by 20% when property and sales tax dropped. At that time, the City continued to provide essential services while providing for the unfortunate. He complemented the Human Services Commission for their dedication in reviewing and making the recommendations for grant funds. He said funding for human services from the general fund was dangerous because there was not a sustained funding source for replenishment

In response to questions by Mayor Marchand, Human Services Manager Jean Prasher said 2-1-1 was not eligible for Community Development Block Grant funds because verifiable income data for their clients was not provided. She said the Social Opportunity Endowment funds could possibly be used, however the funds could not be replenished

CM Horner said he valued the comprehensive evaluation and recommendations by the Human Services Commission and was reluctant to make any changes. He said he was hesitant to use general funds to fund 2-1-1. He said he supported VM Garys suggestion that a fair share formula by all participating cities needed to be established


VM Gary said with no funding from the Human Services Commission, there were zero dollars committed to 2-1-1. He requested funding for 2-1-1 be included in the fiscal year 2013-2014 budget discussion

CM Woerner said funding for 2-1-1 needed to be addressed this year. He suggested the Council consider one-time funding while a long term funding formula with all participating agencies was being established


4.07 Resolution 2013-032 authorizing appropriation of Housing and Human Services Grant funds in the amount of $606,371 utilizing Community Development Block Grant, HOME Investment Partnerships Program, Social Opportunity Endowment, Housing In-Lieu, and Human Services Facility Fee funds for Fiscal Year 2013-2014; and authorizing execution of all related documents.



6.01 Discussion

6.02 Discussion and direction regarding pending State or Federal legislation. None.

7. COUNCIL COMMITTEE REPORTS AND MATTERS Intergovernmental Committee CM Horner said on March 27, 2013 he attended the meeting. He announced the 2013 Little League World Series would be hosted at Max Baer Park, July 31 August 5, 2013

League of California Cities (LOCC) CM Horner said on March 28, 2013 he attended the East Bay Division meeting where there was a presentation on pension reform. He said during the Citys upcoming budget workshop there should be attention on proposed actuarial changes that could affect each citys mandated payment into CalPERS.

Horizons CM Turner said she attended Career Day on March 26, 2013 and spoke regarding careers in health care.

Livermore Amador Valley Transit Authority (LAVTA) CM Turner said on April 1, 2013 she attended the Finance Committee meeting where there was a budget discussion and review of health care and benefits. CM Turner said on March 27, 2013 she attended the meeting. There was discussion on the itemization of the benchmarking fee on bills, and the establishment of the Joint Powers Authority Energy Commission. She said Dublin and Pleasanton had voted against the establishment of the proposed energy commission. Livermore Amador Valley Transit Authority CM Turner said on March 25, 2013 she attend two events: the grand opening of the bus wash and the Board meeting.

Applause at Council meetings CM Turner referred to the comments made by Christian Turner during Citizens Forum regarding clapping. She requested staff to research the potential violation of civil rights by prohibiting clapping during Council meetings. CM Woerner said he supported research on clapping at meetings. He said it was important to continue to main a good decorum at meetings while allowing for groups to express their opinion. He said there needed to be a way that was not disruptive to the business meetings or a first amendment violation. VM Gary said there should be a composite set of strategies that would allow of the expression of support without demonstrative demonstrations that interrupts the conduct of the publics business with decorum.

Open Seating Policy City Council Chambers CM Turner requested establishment of an open seating policy that prohibited the reservation of seats. VM Gary said he supported the establishment of an open seating policy in the City Council Chamber. Bankhead Theater CM Turner spoke regarding long term operational funding of the Bankhead Theater and suggested a parcel tax, or establishment of a Community Facilities District, or similar mechanism. She suggested the potential of a ballot measure for the November 2013 election. CM Woerner said there had been some discussion on long-term funding for the Bankhead. He said the key issue was timing and it was questionable if those mechanisms could help. Mayor Marchand said a November 2013 ballot measure could cost the City an upwards of $350,000. He said that amount was almost the cost of the loan to the Bankhead. VM Gary said until the private sector and the lender worked out the details of the debt repayment, it was premature for the City to prioritize the multitude of possibilities that were currently being studied by the sub-committee and staff.

Livermore Amador Valley Transit Authority (LAVTA) CM Woerner said he attended the April 1, 2013 meeting. He said total compensation and the ratio of pay to the benefits were being reviewed very carefully to ensure compensation packages would attract the highest quality of applicants.

Spring Art Show CM Woerner said he attended the art show and was impressed with the visual arts in the community.

Livermore Downtown Inc. VM Gary said he attended the Board meeting. He said there was progress on the 4th of July planning at Las Positas College. He said there were several Downtown Economic Development meetings.

2-1-1 Funding VM Gary requested annual funding for the 2-1-1 program be included in the Budget Workshop discussion. He requested the City Manager agendize this item at the Alameda County City Managers Association for discussion on establishing a fair share formula for all Alameda County cities to support 2-1-1 on an annual basis.

False Alarm Calls Mayor Marchand requested a report on the high number of false alarm calls to establish a disincentive policy for repeat offenders.

Drug/Gang Nuisance Ordinance Mayor Marchand requested staff prepare a report on the potential establishment of a drug/gang nuisance ordinance to be used as a disincentive policy for property owners or tenants of repeat offenders. VM Gary suggested the Police Department conduct a drug/gang community workshop to provide more information to the community. He said the workshop conducted two years ago was very informative for the community.

Alameda County Transportation Commission (ACTC) Mayor Marchand said on March 11, 2013 he attended the meeting and was appointed as Chair to the 580 Express Lane Committee. He also attended the Planning and Policy Committee meeting and voted to accept the criteria for PDAs.

Livermore Cultural Arts Council (LCAC) Mayor Marchand said he attended the meeting on March 6, 2013. He said there would be a show at the Library in August. Alameda County Science and Engineering Fair Mayor Marchand said he presented the awards at the March 9, 2013 ceremony.

Local Agency Formation Commission (LAFCo) March 14, 2013 he attended the meeting.

East Bay Regional Communication System Authority (EBRCSA) Mayor Marchand said on March 15, 2013 he attended the meeting. He said there was a budget update and the City of Oakland was currently evaluating the system.

Yotsukaido Sister City Mayor Marchand said there was a reception for the Sister City organization.

Livermore Heritage Guild Mayor Marchand said on March 27, 2013 the Livermore Heritage Guild showed Gimme Shelter, the 1966 western Woodstock with the Rolling Stones at the Altamont.

Final Salute Mayor Marchand said he attended the Final Salute ceremony for the retirement of Police Chief Steve Sweeney on March 28, 2013.

St. Mathews Baptist Church Mayor Marchand said on March 30, 2013 he attended the program at the Carnegie Library to recognize teachers, fire fighters and police officers for their contributions to the community.

Spring Art Show Mayor Marchand said he presented the City awards at the Spring Art Show.

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

8. ADJOURNMENT 8. ADJOURNMENT 9:10 pm to a regular City Council meeting on APRIL 22, 2013 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

Livermore City Council Minutes






APRIL 8, 2013