April 13, 2015
1. PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:03 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.
1.01 ROLL CALL - Present: Mayor John Marchand, Vice Mayor Laureen Turner, and Council Members Stewart Gary, Steven Spedowfski, and Bob Woerner.
1.02 PLEDGE OF ALLEGIANCE
2. PROCLAMATIONS AND PRESENTATIONS
2.01 Proclamation declaring April as Community Service Recognition Month.
Mayor Marchand presented a proclamation to Maintenance and Golf Operations Manager Jeff Shafer declaring April as Community Service Recognition month.
3. CITIZENS FORUM
Jacqueline McGowan, Livermore, shared her experiences as a medicinal cannabis patient and spoke regarding the raid that occurred on March 12, 2015.
Jessi McNulty, Livermore, spoke regarding her experiences as a medicinal cannabis patient including applicable state and federal laws and an incident with the Police Department in 2013. She spoke regarding the positive impacts of decriminalization of marijuana.
Rachael Snedecor, Livermore Downtown Inc., spoke regarding the upcoming thirty-year Great American Main Street Community anniversary and provided an overview of the Livermore Half Marathon.
Don Meeker, Livermore, spoke regarding Livermores historical liquor licensing programs during the prohibition.
John Stein, Livermore, spoke regarding the Citys budget, saying there were many unfunded liabilities. He asked for an accrual budget rather than a cash budget to provide a long-term overview of finances, and asked what the current and alternative scenarios were for long-term financial stability in regards to maintenance and capital improvements.
In response to questions by Mayor Marchand, City Manager Marc Roberts provided background information on medical marijuana laws and said under State law, local control was retained over land use regarding regulation of dispensary or collective uses. He said the previous City Council had passed the prohibition against operation of medical marijuana dispensaries based upon community interaction and input over a two-year period. He said beginning in 2014, the Citys Neighborhood Preservation Division and Police Department began to receive complaints about a collective in Livermore. He said after several meetings with the dispensary and the issuance of a citation, the next step was to work with the Superior Court to deal with a business that was improperly located. He said a search warrant revealed that the organization was not compliant with State law.
Police Chief Michael Harris spoke regarding the Tree of Life criminal investigation, saying the Police Departments focus was not the use of medical marijuana, but rather violations of state law regarding the distribution and sales of marijuana outside of the law. He said in regard to the search warrant served on March 12, 2015, contrary to public comment, the SWAT team did not serve the search warrant and assault rifles were not used. He said the officers were physically and verbally identified as police; upon approaching the business, several individuals barricaded themselves behind a door where marijuana was stored. He said the officers responded appropriately and in line with their training to maintain officer safety; two locked doors were forced open and six people were detained. Pursuant to the search warrant, officers retrieved items from the business including marijuana samples, documents, computers, and an ATM machine; some damage unavoidably occurred during the removal of the ATM. He stated the Police Departments investigation regarding illegal activity at the Tree of Life had appropriate checks and balances; the Alameda County District Attorneys Office charged Mr. Ahmed with several crimes including sales of marijuana and money laundering. He stated that the courtroom was the appropriate place for further evidence to be revealed and for guilt or innocence to be determined.
Mr. Roberts said this was a brief summarization of the two ongoing court actions. He said there was a disagreement about the facts, and the proper place to deal with the application of the law was the court system. He said there was common ground regarding the lack of clarity surrounding medicinal marijuana for those wishing to follow the laws and those tasked with enforcing the laws. He said the City supported legislation clarifying and regulating medical marijuana state-wide while preserving local control.
In response to questions by CM Woerner, Mr. Roberts said the Council had directed staff to allow the court case to play out, and to allow state law to move forward and bring Livermores code into conformance at that time. He said staff expected more legislation during the present legislative session.
4. CONSENT CALENDAR
ON THE MOTION OF CM GARY, SECONDED BY CM WOERNER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
4.01 Approval of Minutes - March 23, 2015 regular City Council meeting.
4.02 Adoption of Ordinance 2018 amending Chapter 11.01 (Definitions) to clearly define Emergency Shelter, Supportive Housing, and Transitional Housing; and Chapter 3.02 (Transect Zones) and Chapter 3.03 (Non-Transect Zones) to list Supportive and Transitional Housing as Permitted Uses in Transect Zones that allow Residential Uses and the Suburban Multiple Residential (RG) Zoning District.
4.03 Adoption of Ordinance 2019 authorizing execution of the Third Amendment (DAA 15-002) to Development Agreement 07-002 with CrossWinds Church.
4.04 Adoption of Ordinance 2020 authorizing execution of the Third Amendment (DAA 15-001) to Development Agreement 07-004 with CrossWinds Church (formerly Cottonwood Creek Partners, LLC and the Terrill Company).
4.05 Introduction of an ordinance to amend Municipal Code Chapter 12.51 to extend the sunset of the Art in Public Places program from May 1, 2015 to December 31, 2015.
4.06 Resolution 2015-035 accepting for permanent maintenance and releasing of security for the Livermore Airport Administration Building, Project No. 2007-11.
4.07 Resolution 2015-036 authorizing execution of the Subdivision Improvement Agreement approving Tract 7671 Final Map and accepting Lot A, and Wall Easement. Rejecting Obsidian Way, Sardonyx Court, Public Utility Easement, and Public Access Easement reserving the right to accept the offer at a future date.
4.08 Resolution 2015-037 authorizing amendments to the 457 Governmental Deferred Compensation Plan & Trust for City of Livermore Employees and Retirees, and authorizing the City Manager to execute, administer, and make further amendments as necessary to the 457 Plan; and Resolution 2015-038 authorizing the City Manager to execute, administer, and make amendments as necessary to the 401 Governmental Money Purchase Plan & Trust Basic Document for City of Livermore Employees and Retirees.
5. PUBLIC HEARINGS
5.01 Hearing to consider a request to amend the Livermore Municipal Code, Chapter 8.10, Smoking Pollution Control Ordinance, revising the Citys smoking regulations including amending the definition of smoking and reasonable distance, clarifying areas where smoking is prohibited, establishing a non-smoking area in the downtown, and defining enforcement measures.
- Location: City-wide
- Applicant: City of Livermore
- On-site and off-site public improvements: None
- Site Area: City-wide
- Zoning: Various
- General Plan: Various
- Historic Status: None
- CEQA: Not a project under the California Environmental Quality Act (CEQA)
- Application Number: Municipal Code Amendment 15-001
Recommendation: Staff recommended the City Council introduce an ordinance approving Municipal Code Amendment 15-001 to:
1. Add the use of electronic cigarettes to the definition of smoking;
2. Establish twenty feet as the reasonable distance from designated nonsmoking areas;
3. Clarify areas where smoking is prohibited and establish a non-smoking area in the downtown; and
4. Include other Municipal Code modifications necessary to be internally consistent.
Associate Planner Andy Ross presented the staff report.
In response to questions by VM Turner, Mr. Ross confirmed the ordinance would cover medical marijuana, should it ever be legalized, and vaporizers. He confirmed that as a designated transit stop, the Livermore-Amador Valley Transit Authority transit center was incorporated into the ban.
In response to questions by VM Turner, Community and Economic Development Director Stephan Kiefer stated the parking garage was not presently incorporated into the downtown smoking ban because it was not a public plaza, not a park area, and it was similar to the surface parking lots in the Downtown.
Mayor Marchand opened the public hearing.
Rachael Snedecor, Livermore Downtown Inc. (LDI), spoke in support of the amendments to the smoking ordinance and said LDI had been discussing the topic for some time. She said the organization was sensitive to the smoking demographic in the workforce and was working towards solutions so smokers could have cigarette breaks.
Shelley Despotakis, Livermore Chamber of Commerce, spoke in support of the amendments to the smoking ordinance.
Bruce Fiedler, Livermore, spoke in support of the amendments to the smoking ordinance and spoke regarding the historic debate over banning smoking in restaurants, saying great steps had been made to protect the public from an addictive and carcinogenic drug. He said it might be appropriate to include electronic smoking devices in the section regarding tobacco sampling and vending machines so that such sales would be clerk-assisted only.
There were no more speakers and the hearing was closed.
CM Gary said he was very supportive of the ordinance and the comments he had received from the public were overwhelmingly in support.
CM Spedowfski said the ban would additionally reduce the amount of cigarette butts found in the Downtown. He said that at some point the City would need to develop additional areas that may include the parking garage, and the ordinance was well-thought out and realistically enforceable.
Mayor Marchand said the desire for the ban came from the community and from Livermore Downtown, Inc., stating that he had received several emails of support from the community and one letter of opposition from a vaping advocacy organization. He spoke regarding research from the United States Centers for Disease Control and Prevention and said he was supportive of including electronic cigarettes in the ban.
Mayor Marchand suggested section 8.10.030(R) be modified to clarify that ignition of electronic cigarettes referred to the operation of the devices and not necessarily flames, heat, or ignition. There was consensus from the Council to make the change.
There was discussion regarding incorporating the parking garage into the non-smoking area. VM Turner said the whole parking garage should be included in the ban. She said there was no reason to smoke in the parking garage; people could get in their cars to smoke. CM Woerner indicated support of VM Turners comments. CM Gary indicated support of looking at the parking garage and talking with the Police Department regarding enforcement.
In response to questions by Mayor Marchand, City Attorney Jason Alcala stated that the easiest way to include parking structures in the ordinance would be to amend the definition of the downtown non-smoking area and map to include the parking structure on Railroad Avenue. He said it would be appropriate to return to the ordinance and address the inclusion of an additional parking structure when the additional site was developed. Police Chief Mike Harris said appropriate signage would be needed to indicate the rules and to obtain voluntary compliance as much as possible.
In response to questions by Mayor Marchand, Livermore Downtown Inc. Executive Director Rachael Snedecor expressed support for incorporating the parking garage into the ban, saying it would help mitigate inappropriate gathering.
ON THE MOTION OF VM TURNER, SECONDED BY CM GARY AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCE AS AMENDED TO INCLUDE THE DOWNTOWN PARKING GARAGE IN SECTION 8.10.030 E DOWNTOWN NON-SMOKING AREAS AND AMEND SECTION 8.10.030 R TO INCLUDE OPERATION OF AN ELECTRONIC CIGARETTE.
Ordinance introduced amending Chapter 8.10 Smoking Pollution Control to clearly define smoking, reasonable distance, and areas where smoking is prohibited including the establishment of a Downtown non-smoking area, and define enforcement measures.
6. MATTERS FOR CONSIDERATION
6.01 Discussion and direction regarding City Council appointments to Intergovernmental Agencies. None.
6.02 Discussion and direction regarding the renewal of the Tri-Valley Tourism Marketing District.
Recommendation: Staff recommended the City Council adopt a resolution authorizing renewal of the Tri-Valley Tourism Marketing District.
Community and Economic Development Director Stephan Kiefer presented the staff report. Visit Tri-Valley Executive Director Barbara Steinfeld provided the PowerPoint presentation.
Mayor Marchand invited public comment.
Dale Kaye, Livermore Valley Chamber of Commerce, spoke in support of renewing the tourism business district for the Tri-Valley, saying collaboration far overpowered competition as a strategy in breadth and impact. She said the regional marketing was essential to Livermores growth as a tourism destination.
Catherine Cheda, General Manager of Hawthorne Suites by Wyndham Livermore Wine Country, said she was the chair of the Visit Tri-Valley Board of Directors and spoke in support of renewing the tourism business district for the tri-valley.
Chris Chandler, Livermore Valley Winegrowers Association, spoke in favor of renewing the tourism business district for the Tri-Valley by reading a poem of support.
Scott Kenison, Executive Director, Livermore Valley Performing Arts Center, spoke in support of Visit Tri-Valley and renewing the tourism business district for the tri-valley.
CM Gary spoke regarding his conversations with Ms. Cheda, saying he wanted to ensure that the marketing efforts were shifting to reflect the new vibrancy in Livermore. He said another question was whether the budget and campaign was developed from the dollar flow or from the proper budget for the region. He said there should be more conversations over the next couple of years as the City continued to evolve into an entertainment and viticulture destination.
CM Woerner expressed support for the item and said there was a need for larger coordination among entities benefitting from the district such as other wineries and San Ramon; not just thinking about coordination, but doing something about it.
Mayor Marchand spoke regarding his conversations with Ms. Cheda, saying his concern had been that the organization would be what it was today, but there was great potential to become an exciting destination through marketing.
CM Spedowfski expressed support for the item and said he was very happy with the digital marketing aspect of the plan.
ON THE MOTION OF CM GARY, SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2015-039 authorizing renewal of the Tri-Valley Tourism Marketing District.
6.03 Discussion and direction regarding the intention and consideration to change Community Facilities District No. 2009-01 pursuant to the Mello-Roos Community Facilities Act of 1982. (El Charro Infrastructure)
Recommendation: Staff recommended the City Council accept the petitions from the property owners to (i) amend and restate the Rate and Method of Apportionment of Special Tax and increase the authorized maximum bonded indebtedness, and ii) annex territory currently in Improvement Area No. 4 into Improvement Area No. 1 of the City of Livermore Community Facilities District No. 2009-1 (El Charro) and also waiving the otherwise-applicable election time periods, adopt the Resolution of Intention and call for a public hearing on June 8, 2015.
Community and Economic Development Director Stephan Kiefer presented the staff report.
ON THE MOTION OF VM TURNER, SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2015-040 of consideration to amend and restate the rate and method of apportionment of special tax and increase for the authorized principal amount of bonded indebtedness for Improvement Area No. 1 of Community Facilities District 2009-1, and of intention to annex territory to improvement Area No. 1. (Improvement Area No. 1 of the City of Livermore Community Facilities District No. 2009-1., El Charro)
6.04 Federal Legislative Tracking and Action and Update of State and Federal Legislation.
Recommendation: Staff recommended the City Council provide direction regarding the use of the Citys adopted State Legislative Platform as a guide for federal bill tracking and action.
Assistant City Manager Jenny Haruyama presented the staff report. Senior Management Analyst Donna Pontau presented an update on legislation.
In response to questions by CM Woerner, City Attorney Jason Alcala said if the federal government were to make marijuana a Schedule 2 drug, the drug would be dispensed through pharmacies like any other drug.
CM Gary said there was commonality across the pending bills; he hadnt heard any opposition to the medical use of marijuana, but a lot of support for cleaning up confusion between the federal and state systems. He asked that staff develop a generic letter of support to be presented to the City Council; once approved, the letter would be utilized as necessary. Consensus was received from the City Council.
In response to questions by CM Woerner, City Manager Marc Roberts said local control was important in regards to telecom legislation and was clearly described in the legislative platform.
THE CITY COUNCIL DIRECTED STAFF TO USE THE CITYS ADOPTED STATE LEGISLATIVE PLATFORM AS A GUIDE FOR FEDERAL BILL TRACKING AND ACTION.
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 Council Members.
City Council/Planning Commission Workshop CM Spedowfski said on March 25, 2015, he attended the joint workshop.
League of California Cities (LOCC) CM Spedowfski said on March 26, 2015, he attended the East Bay Division Meeting where a panel of Bay Area police chiefs provided an overview on the combined effects of Prop 47 and AB 109.
Visit Tri-Valley Workshop CM Spedowfski said on April 1, 2015, he attended the workshop where the effects of tourism on the local economy were discussed.
Duarte Garage Dedication and Unveiling Ceremony CM Spedowfski said on April 4, 2015, he attended the Daughters of the American Revolution plaque presentation celebrating the 100-year anniversary of the Duarte Garage.
Wheels CM Spedowfski said on April 6, 2015, he attended the Wheels Board of Directors meeting.
CM Spedowfski requested an informational memorandum regarding the Bay Area Air Quality Management Districts proposed fireplace replacement /disablement regulations discussed at their April 9, 2015, workshop. CM Gary suggested the item additionally be placed on a future agenda for discussion. There was consensus from the Council for these requests.
CM Spedowfski requested staff provide an informational memorandum summarizing the Visit Tri-Valley workshop held on April 1, 2015.
City Council/Planning Commission Workshop CM Gary said on March 25, 2015, he attended the joint workshop.
Fire Station No. 4 Groundbreaking CM Gary said in early April, he attend the groundbreaking ceremony for Livermore-Pleasanton Fire Department Fire Station No. 4.
First Street Groundbreaking 10th Anniversary CM Gary said he attended the 10-year anniversary celebration for the construction and revitalization of the Downtown.
City Council/Planning Commission Workshop CM Woerner said on March 25, 2015, he attended the joint workshop.
Livermore-Amador Valley Transit Authority (LAVTA) VM Turner said she attended the Finance Committee meeting on March 24, 2015. She reported that LAVTAs finances were sound and the organization was moving forward with their budgeting process.
Stopwaste.org VM Turner said on March 25, 2015, she attended the meeting. She said there was discussion regarding unfunded retirement liabilities.
City Council/Planning Commission Workshop VM Turner said on March 25, 2015, she attended the joint workshop.
League of California Cities (LOCC) VM Turner said on March 26, 2015, she attended the East Bay Division Meeting.
Wheels VM Turner said on April 6, 2015, she attended the Board of Directors meeting. She said there was discussion regarding the comprehensive study, and said the Board voted to increase routes for the 4th of July in support of extra traffic in and out of the city on that day.
Alameda County Transportation Commission (ACTC) Mayor Marchand said he attended the board meeting on March 26, 2015.
Livermore Half Marathon Mayor Marchand said he attended the event on March 28, 2015. He provided an overview of the event, saying attendance had increased by 40%.
First Street Groundbreaking 10th Anniversary Mayor Marchand said he attended the 10-year anniversary celebration for the construction and revitalization of the Downtown.
Livermore Cultural Arts Council (LCAC) Mayor Marchand said on March 31, 2015, he attended the meeting where collaboration among arts organizations was discussed.
East Bay Economic Alliance Mayor Marchand said he attended the event on April 2, 2015. He said there was a presentation on transportation including the importance of bringing BART to Livermore on the I-580 corridor to free capacity for moving goods and freight. He said the Port of Oakland also spoke regarding their operations.
Duarte Garage Dedication and Unveiling Ceremony Mayor Marchand said on April 4, 2015, he attended the Daughters of the American Revolution plaque presentation celebrating the 100-year anniversary of the Duarte Garage.
Welcome Home Mayor Marchand said on April 4, 2015, he attended the event in honor of Shannon Pervere who returned home to Livermore after a career in the military.
Alameda County Mayors Conference Mayor Marchand said he attended the meeting at Innovation Pleasanton on April 8, 2015. He said Innovation Pleasanton was growing a number of companies that came out of iGATE, Livermores incubator.
Volunteer Appreciation Reception Mayor Marchand said on April 9, 2015, he attended the event honoring Livermore volunteer groups.
Alameda County Transportation Commission (ACTC) Mayor Marchand said he attended the meeting on April 13, 2015. He said beginning in July, the switchable transponders would be available for purchase at Safeway, Walgreens, or Costco. He said the Planning, Policy, and Legislative subcommittee received an update on pending legislation.
8. ADJOURNMENT - at 9:01 pm to a regular City Council meeting on Monday, May 11, 2015, at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.
JOHN P. MARCHAND, MAYOR
SUSAN NEER, CITY CLERK
SARAH BUNTING, ADMIN TECHNICIAN