CITY COUNCIL MINUTES
OCTOBER 14, 2013
1. CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting of the City Council was called to order by Mayor John Marchand at 7:07 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.
1.01 ROLL CALL Present: Mayor John Marchand, Vice-Mayor Stewart Gary, and Councilmembers Doug Horner, Laureen Turner and Bob Woerner.
1.02 PLEDGE OF ALLEGIANCE
1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION
Acting City Attorney Jason Alcala said there was no reportable action; the Closed Session would be continued to after the regular meeting.
2. PROCLAMATIONS AND PRESENTATIONS
2.01 Human Services Commission Annual Update.
Commissioner Don Meeker presented the update.
Mayor Marchand extended thanks and appreciation to Mr. Meeker for his eight years of service on the Human Services Commission.
3. CITIZENS FORUM
Robert S. Allen, Livermore, spoke regarding the protection of plan lines and the widening of I-580 for the future BART in the median.
In response to questions by Mayor Marchand, Community & Economic Development Director Stephan Kiefer confirmed that the plan lines for BART to Greenville to adequately accommodate the widening of the freeway for the train in the median had been adopted by the City Council.
John Stein, Livermore, spoke regarding the airport protection area and putting development under the flight path. He said the circulation would represent a danger to potential development. He said the City Council should follow the recommendation from the Airport Commission and not reduce the airport protection area.
Don Meeker, Livermore, read from the July 1, 1878 City Council minutes regarding a citizen request for street maintenance.
Will Bolton, Livermore, spoke regarding the potential development of Tesla Park by the State Park Off-Highway Motor Vehicle Division. He requested the City Councils assistance to establish Tesla Park as a low-impact, non-motorized, sustainable recreation park and preserve.
4. CONSENT CALENDAR
ON THE MOTION OF VM GARY, SECONDED BY CM WOERNER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
4.01 Approval of Minutes - September 9, 2013 regular City Council/Livermore Successor Agency meeting and September 23, 2013 regular City Council/Livermore Successor Agency meeting.
4.02 Adoption of Ordinance 1981 approving Development Code Amendment 13-004 and thereby amending the development standards of Livermore Development Code Section 6.02.060 (Home Occupations) and Chapter 9.05 (Home Occupation Permits) to allow Cottage Food Businesses.
4.03 Adoption of Ordinance 1982 amending the Zoning District Map of the City of Livermore and establishing development standards for Planned Development - Residential District 12-002.
4.04 Confirmation of City Council reappointments to the Livermore Area Youth Advisory Commission:
Chelsea Hackett to a regular term ending September 1, 2015.
Tito Quihuis to a regular term ending September 1, 2015.
Maggie Rosendin to a regular term ending September 1, 2015.
Alex Wang to a regular term ending September 1, 2015.
4.05 Resolution 2013-124 accepting for permanent maintenance and releasing of security for the Water Reclamation Plant Rake Drive Replacement, Project No. 2012-12.
4.06 Resolution 2013-125 authorizing execution of a Joint Exercise of Powers Agreement with the Tri-Valley Transportation Commission.
4.07 Resolution 2013-126 authorizing execution of a Low Income Housing Agreement with Ponderosa Homes II, Inc. for the subdivision located on Morning Glory Circle (Tract 8125).
5. PUBLIC HEARINGS None.
6. MATTERS FOR CONSIDERATION
6.01 Discussion and direction regarding City Council appointments to Intergovernmental Agencies. None.
6.02 Introduction of an ordinance adding Chapter 8.13, Abatement for Unlawful Drug Activities or Purposes, to Title 8 (Health and Safety) of the Livermore Municipal Code, to declare the use of property for unlawful drug activities to be a nuisance when it negatively affects the surrounding neighborhood, and to grant the City Attorney authority to abate the nuisance after referral from the Police Department.
Recommendation: Staff recommended the City Council introduce the ordinance.
Acting City Attorney Jason Alcala, Assistant City Attorney Kevin Young, and Police Chief Michael Harris presented the staff report.
Mayor Marchand invited public comment.
Ken Bradley, Livermore, said he did not support approval of the ordinance. He said the ordinance was written not to get rid of or punish criminals; the ordinance was written to go around the law when the City had been unable to convict somebody and for the City to apply pressure on the landlord to move that person around. He said the ordinance did nothing when the property was owned by drug dealers or their family. He said the City did not need the ordinance as there were other laws the City could follow. He said there needed to be more community outreach from the Police Department.
Mayor Marchand said the genesis of the ordinance came from the police having to respond numerous times to the same locations. He said there needed to be some way to remove the bad players from the community.
Acting City Attorney Jason Alcala said the ordinance was broad enough to seek the bad actors, seek an injunction against the owner, occupant or anybody in possession or control; this was not just against renters.
Mayor Marchand referred to correspondence received from Timothy May, Rental Housing Association, requesting 8.13.030 B be changed to written notice shall be given to the property owner, landlord and occupant.
Assistant City Attorney Kevin Young said the 8.13.030 B should remain written notice shall be given to the property owner, landlord or occupant. as it allowed the City Attorney to do any of the three; otherwise, the City could find itself in a situation where one of the three, the property owner, landlord or occupant, could not be served with notice which could invalidate the court action.
In response to questions by CM Turner, Mr. Alcala said the two primary items needed in order for activities to constitute a public nuisance under the ordinance were when there was an investigation or arrest for unlawful drug activity, and the activity had an effect on the neighborhood. He said generally, a single possession would not arise to that particular situation.
In response to questions by CM Turner, Chief Harris said the Special Operations Unit was reinstituted a year ago. He said during that time, 126 search warrants for drug activity had been served; one location had 36 police incidents including a homicide, numerous drug arrests, and foot pursuits. During the last three years, another location had 61 responses for activities surrounding drug issues and the impacts on the people living in the area. He said had the ordinance been in effect at that time, there could have been enough information to show a public nuisance and initiate abatement action if the property owner did not do so cooperatively. He said during the past year, 28 drug endangered children had been removed as a result of the search warrants. He said there was due process and a judge in court ultimately would determine what the abatement action would be.
In response to VM Garys comments, Mr. Alcala said the City was strictly after removing the person selling or possessing great quantities of drugs. He referred to the mandatory prohibitions and injunctions included in the staff report (page 101) and said the Uniform Controlled Substances Act set forth a number of mandatory injunctions that could be imposed. Mr. Young said Health and Safety Code 11573.5 outlined the allowable actions and confirmed there was a due process appeal after a judgment had been rendered.
VM Gary said he was in support of the ordinance.
In response to questions by CM Woerner, Mr. Young said the ordinance compared very favorably with the established laws in surrounding jurisdictions. He said the City was not going around any existing law and this was consistent with the State. He said the landlord had a variety of remedies to choose from.
CM Woerner said he was in support of the ordinance.
In response to questions by CM Woerner, Chief Harris said the City had been involved in attempts to deter the continued activity at those locations. He said of the 126 drug related search warrants served during the past year, approximately 25% had been locations the police had previously responded to for drug related activity.
IT WAS MOVED BY CM HORNER AND SECONDED BY MAYOR MARCHAND TO INTRODUCE THE ORDINANCE.
Mayor Marchand said conversations regarding the establishment of this ordinance had already been effective. He said the ordinance would help in getting drug dealers out of our community.
THE MOTION CARRIED ON A 4-1 VOTE, CM TURNER VOTING NO, AND THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCE:
Ordinance introduced adding Chapter 8.13, Abatement for Unlawful Drug Activities or Purposes, to Title 8 (Health and Safety) of the Livermore Municipal Code, to declare the use of property for unlawful drug activities to be a nuisance when it negatively affects the surrounding neighborhood, and to grant the City Attorney authority to abate the nuisance after referral from the Police Department.
6.03 Discussion and direction regarding participation in Phase 2 of the Alameda County Waste Management Authoritys Mandatory Recycling Ordinance.
Recommendation: Staff recommended the City Council consent to participation in Phase 2 of the Mandatory Recycling ordinance.
Public Works Manager Judy Erlandson presented the staff report.
In response to questions by VM Gary, Ms. Erlandson said single-family customers were exempt because the bulk of organics materials came from commercial and multi-family customers. She said single-family customers had programs in place; however, the commercial and multi-family customers needed to address the changes to impact the diversion rate.
CM Turner said Livermore single-family customers currently had a receptacle for their organics and the commercial and multi-family customers did not. She said participation in this program would address a tremendous amount of organic waste and mandated that those types of cans be provided for commercial and multi-family waste.
Mayor Marchand noted this was more about food waste rather than typical green waste such as lawn clippings.
In response to questions by CM Turner, Ms. Erlandson said there would be no cost reduction at this time as the contractor had an agreement with another facility for organic waste.
ON THE MOTION OF CM TURNER, SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONSENTED TO PARTICIPATION IN PHASE 2 OF THE MANDATORY RECYCLING ORDINANCE.
6.04 Discussion and direction regarding the Updated Retiree Medical Actuarial Study Valuation date June 3, 2012.
Recommendation: Staff recommended the City Council approve the actuarial valuation results and provide direction on the proposed funding allocations.
City Manager Marc Roberts and Assistant City Manager Troy Brown presented the staff report.
CM Woerner said a decision was made in 2001 that created a $100 million problem; this was a major problem that continued to grow. He said there did not appear to be a solution that the City could do alone, and said the issue needed to be addressed in the upcoming negotiations with employee bargaining units and that a cap was essential.
In response to questions by CM Turner, Mr. Brown said fully funding the annual required contribution (ARC) would be dependent upon the assumptions in the approach the Council decided to take. Fully funding the ARC as laid out in the actuarial valuation would be $9.8 million assuming there were no changes to the program. Mr. Roberts said if the City fully funded the ARC, the contribution would be approximately $5-6 million if there was a cap. He said affordability of funding the ARC would be dependent upon budgeting priorities by the Council. To keep staff levels constant, with no layoffs, the $5-6 million funding would be within reason.
CM Horner said the pay as you go was unaffordable as it was an annual payment of over $15 million. He said the amount was unsustainable and benefits needed to be capped as soon as possible. He said the liability was for labor that had already been consumed but had not been paid for; the liability should not be passed on for the next generation to pay.
VM Gary said the ARC needed to be placed front and center of all future general funds balancing discussions. He said a reserve policy had already been established. He said the first line on the budget was reserves; the second line on budget should be ARC, followed by core essential services and operations, primarily public safety and resources necessary to support the existing public safety headcount. He said if public safety was not maintained, there would not be a viable community. He said he supported Option D in the staff report.
Mayor Marchand said he was considering a phase-in approach as there were several other items the City was dealing with such as unfunded liabilities in Public Works and public safety. He said every option should be reviewed and a cap was something that needed to be considered.
CM Woerner said a longer range implication of decisions was needed. He said Option C was $17 million more than Option D. He said the whole context needed to be reviewed on a long range implication.
ON THE MOTION OF CM WOERNER, SECONDED BY VM GARY AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ACCEPTED THE ACTUARIAL VALUATION RESULTS.
6.05 Update on the Fiscal Year 2012-2014 City Council Goals and Priorities.
Recommendation: The report was for information only; no action was required.
City Manager Marc Roberts presented the staff report.
THE CITY COUNCIL RECEIVED THE REPORT.
6.06 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.
Livermore Amador Valley Transit Authority (LAVTA) CM Woerner said on October 7, 2013, he attended the Project and Services Committee and Board meeting where new advertisements were approved.
2013 Jeans and Jewels CM Woerner said on October 3, 2013, he attended the fundraising event.
Livermore Valley Opera CM Woerner said he attended the opera Carmen where Mayor Marchand played the role of Mayor of Seville.
Graffiti Abatement CM Woerner requested staff prepare a report on how many properties were repeat graffiti sites and explore the possibility of using vegetation to help prevent graffiti.
Tesla Park CM Woerner referenced Mr. Boltons concerns regarding Tesla Park discussed under Citizens Forum and asked staff to investigate.
Empty Quarry Lot CM Woerner requested information on the empty quarry lot east of the skateboard park; regarding ownership of the property and if there was a way to put trees or picnic tables there.
Graffiti Abatement CM Turner said the Livermore Area Recreation and Park District had considered painting murals on fences as graffiti abatement; she said the utility boxes were a success and that might be something to look at as well. She suggested the property near the skateboard park referenced by CM Woerner could be used for additional community garden space.
Livermore Amador Valley Transit Authority (LAVTA) CM Turner said on October 7, 2013, she attended the meeting. She said a Stuff the Bus event would be held in December by the Safeway on First Street where citizens could donate extra food items to the food bank.
Stopwaste.org CM Turner said there was video on the Stopwaste.org website relating to the new hours and potential fee increase related to household hazardous waste. She requested staff place the link on the Citys webpage as well.
Plastic Bag Ban CM Turner requested staff prepare a report on the impacts of the plastic bag ban to determine if there was a noticeable difference in the storm drains since the ban.
Tesla Park CM Turner referenced the concerns expressed by Mr. Bolton regarding Tesla Park discussed under Citizens Forum and asked staff to investigate.
Chamber of Commerce CM Horner said on September 26, 2013, he attended the Chambers Summer Luncheon where there was a presentation on the benefits of the labs to the community. He said the labs provided $1.5 billion in economic stimulus to the Tri-Valley area; half going to salaries and half going to procurement.
Tri-Valley Cities Council CM Horner said on October 2, 2013, he attended the meeting; there was discussion on economic development and focus on technology.
Tesla Park CM Horner said he agreed with CMs Woerner and Turner regarding the Tesla Park issue and asked staff to investigate.
Mayor Marchand requested staff contact the State Park Off-Highway Motor Vehicle Division to receive information on both sides of the issue.
Tesla Park VM Gary said he had received outreach regarding the park and said he would like to receive the States actual plan for expansion.
Mayor Marchand said another issue was what would become of the mine tailings, as there wasnt a plan in place.
Chamber of Commerce VM Gary said on September 26, 2013, he attended the Summer Luncheon; he said there was a marvelous business partnership with the Chamber of Commerce.
Golf Course Update VM Gary requested staff prepare an update on economics and the environment at the golf course, as it had been one year since the economic conversion.
Hindu Temple VM Gary said he received a noise complaint about the Hindu temple in Springtown. He requested staff to research and prepare a report on the possibility of installing noise-monitoring equipment on City property to bring objective measurements to the community conversation. He said he agreed with the neighborhood that minor infractions under the municipal code and paying repetitive tiny fines was insufficient; violators should not be able to fine their way through bad behavior. He asked staff to research a more restrictive penalty for institutions abutting residential areas when there was a noise hazard or violation of their Conditional Use Permit (CUP).
Livermore Downtown, Inc. VM Gary said he attended the Board meeting.
Sister City VM Gary said he participated in the week-long Rotary project with Livermores sister city Snezhnisk, Russia.
Slurry Seal Project VM Gary complimented staff and the slurry seal contractor on the planning and administration of the project.
Alameda County Transportation Committee (ACTC) Mayor Marchand said on September 25, 2013, he attended the meeting where the Transportation Expenditure Plan Task Force met to bring $400 million back to Livermore.
Laboratory Shutdown Mayor Marchand said the possible shutdown of the LLNL and Sandia labs scheduled for October 21, 2013, was frustrating and would have a huge impact on the community.
24th Nostalgia Day Car Show Mayor Marchand said on September 29, 2013, he attended the Altamont Cruiser show; he said over one-third of a million dollars was raised for drug education of children. He said the Mayors Award was awarded to a 1940 root-beer metal flake Ford opera coupe.
Tri-Valley Cities Council Mayor Marchand said on October 2, 2013, he attended the meeting; there was a presentation on Innovation Tri-Valley.
Livermore Municipal Airport Open House Mayor Marchand said on October 5, 2013, he attended the Open House. The airshow was cancelled because FAA inspectors werent there to grant a waiver for the air show. He said the airport generated over $60 million in economic activity for the valley and employed over 600 people in related activities.
Livermore Police Department Swearing In Ceremony Mayor Marchand said on October 8, 2013, he swore in three new members of the Police Department.
Alameda County Mayors Conference Mayor Marchand said on October 9, 2013, he attended the conference in Emeryville and gave a presentation on chromium and drinking water risks; there was also a presentation on Delta flows.
Alameda County Transportation Commission (ACTC) Mayor Marchand said on October 15, 2013, he attended the meeting; there was discussion on I-580 express lanes and HOV lane configuration technology. He said the 2003 Congestion Management Plan was reviewed, and the Sustainable Community Technology Program would award grants including a $4 million planning grant from LAVTA.
Sister City Mayor Marchand said on October 15, 2013, he attended the event and spoke regarding programs in Livermore that could be implemented in Snezhnisk, Russia.
ADJOURNMENT The Regular Meeting adjourned at 9:20 pm to the continued Closed Session.
JOHN P. MARCHAND, MAYOR
SUSAN NEER, CITY CLERK