September 9, 2019
SUMMER READING PROGRAM AWARDS
Mayor Marchand called the meeting to order at 6:30 pm. All members of the City Council were present. Library Director Tamera LeBeau presented the Summer Reading Program awards.
CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:24 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.
1.01 ROLL CALL - Present: Mayor John Marchand, Vice Mayor Robert W. Carling and Council Members Bob Coomber, Trish Munro, and Bob Woerner.
1.02 PLEDGE OF ALLEGIANCE
PROCLAMATIONS AND PRESENTATIONS - NONE
Jomi Coffield, Livermore, asked for consistent communication regarding the Holmes Street wall replacement program.
Greg Scott, Livermore, spoke regarding homelessness in Livermore and HEAP funding.
Michaela Toscas, HE Community Collective, spoke regarding vaping and the dangers of unlicensed cannabis companies in Livermore.
Chris Heckler, HE Community Collective, spoke regarding a cannabis survey sponsored by HE Community Collective and the resulting statistics.
Peter Kachel, Livermore, spoke regarding the Holmes Street wall replacement program.
Harold Brown, Livermore, expressed dissatisfaction with the City's decision to build a wood fence that residents maintain as part of the Holmes Street wall replacement program.
Mike Kachel, Livermore, requested that City Council reconsider the decision to demolish cinderblock wall and replace with wood fencing on Lomitas Avenue as part of the Holmes Street wall replacement program.
Nancy Bankhead, Livermore, asked several questions regarding the 2018 Downtown referendum and expenses associated with it.
Andrew Barker, Livermore, commented on the 2018 Livermore Police Department annual report and requested that City Council provide addition information to the community.
Kyoko Takayama spoke in support of tobacco Ordinance No. 2088 and the needs of youth addicted to vaping in the community.
Ann Brown, Citizens Climate Lobby, Tri-Valley Chapter, shared climate topics that are important to youth and asked the City to partner in bringing an Earth Day celebration back to Livermore.
ON THE MOTION OF CM WOERNER, SECONDED BY VM CARLING, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
4.01 Approval of draft minutes - July 8, 2019 regular City Council meeting; July 22, 2019 and July 23, 2019 regular City Council meeting; and July 29, 2019 adjourned regular City Council meeting.
4.02 Resolution 2019-143 accepting for permanent maintenance and releasing security bonds for the WRP Hypochlorite Mixer Replacement, Project No. 2012-13.
4.03 Resolution 2019-144 accepting for permanent maintenance and releasing security bonds for the West Jack London Boulevard Widening, Project No. 2015-28.
4.04 Resolution 2019-145 appropriating unspent funds from Fiscal Year 2018-19 to Fiscal Year 2019-20 and authorizing execution of Amendment No. 6, in the amount of $75,000, to the agreement with Perkins Eastman Architects, DPC for construction administration of the Livermore Civic Center Meeting Hall, Project Number No. 2004-39.
4.05 Resolution 2019-146 certifying that the City of Livermore Sewer System Management Plan has been updated to meet the requirements and provisions of State of California Water Resources Control Board Order Number 2006-003.
4.06 Resolution 2019-147 approving the amended and restated Employer-Employee Relations Resolution.
PUBLIC HEARINGS - NONE
MATTERS FOR CONSIDERATION
6.01 Designation of voting delegate and alternates for the 2019 League of California Cities annual business meeting.
Recommendation: Staff recommended the City Council appoint one voting delegate and up to two alternates to represent the City of Livermore at the 2019 League of California Cities annual business meeting.
City Clerk Sarah Bunting presented the staff report.
Mayor Marchand invited public comment. There were no speakers.
THE CITY COUNCIL APPOINTED CM MUNRO AS VOTING DELEGATE AND VM CARLING AS THE ALTERNATE.
6.02 Certification of referendum petition against Ordinance No. 2088, regulating tobacco product sales, requiring the licensure of tobacco retailers, and amending the Municipal Code to add a new Chapter 5.50, Tobacco Retail Licensing; and direction whether to repeal the ordinance or call for an election.
Recommendation: Staff recommended the City Council adopt a resolution accepting the City Clerk's certification of sufficiency of signatures on the referendum petition protesting Ordinance No. 2088.
The City Council may also consider taking one of the following actions as provided by the Elections Code:
A. Adopt a resolution repealing Ordinance No. 2088; or
B. Adopt a resolution calling for an election not less than 88 days from the date of the resolution to submit the ordinance to the voters for approval; requesting that the Alameda County Registrar of Voters conduct the election; establishing dates for ballot measure arguments; and appropriating $800,000 in General Funds if a special election is called.
City Clerk Sarah Bunting presented the staff report.
Mayor Marchand invited public comment.
Bruce Fiedler, Civic Downtown Dublin, spoke regarding the dangers of flavored tobacco targeted at youth and supported Ordinance No. 2088.
Jon Berrier, JUUL Labs, Inc., spoke regarding the mission of JUUL Labs.
Parker Kasmer, JUUL Labs, Inc., spoke regarding JUUL Lab's support of legislation to prevent youth access to products. He described specialized technology implemented to prevent tobacco sales to youth.
Owen Wise-Pierir spoke in support of Ordinance No. 2088.
Anna Hutchson, Livermore Student, spoke in support of Ordinance No. 2088.
Meadow Walton, Ahalya Rajesh, Riley Venturi, Student Health Peer Educators at Granada High School, spoke in support of Ordinance No. 2088 and regarding the health risks of teen vaping.
Jacob Frank, Livermore Student, spoke regarding his experience with vaping issues at school and supported Ordinance No. 2088.
Ariella Angelini Stewart, Livermore, spoke in support of Ordinance No. 2088.
Patricia, Livermore, supported Ordinance No. 2088, spoke regarding the dishonest actions of the referendum signature gatherers, and expressed concerns regarding vaping in Livermore.
Marilyn Dykstra asked that City Council retain Ordinance No. 2088 as written. She spoke regarding recent Center for Disease Control and Prevention (CDC) findings with regard to e-cigarette products.
Kyoko Takayama spoke regarding the dangers of asthma in children and supported Ordinance No. 2088.
Joanne Morrison, Livermore Indivisible, Livermore School District Health and Wellness Committee, supported Ordinance No. 2088 and letting residents vote on the referendum.
B.J. spoke in support of Ordinance No. 2088 and the impact of vaping on schools and youth; she urged City Council to let citizens vote on the referendum.
Mary Perner, Livermore Indivisible, Livermore Advocates for Education, spoke in support of Ordinance No. 2088, the lack of JUUL Labs, Inc. credibility, and encouraged a moratorium on flavored nicotine.
Kristie Wang spoke in support of Ordinance No. 2088 and provided statistics regarding the impacts of vaping on youth. She encouraged City Council to let residents vote on the referendum.
Jannell Gladen, Flavors Hook Kids-Livermore, provided news articles of youth who suffered health issues after using JUUL Labs, Inc. products and supported Ordinance No. 2088.
Paula Campbell thanked City Council for continuing the Library Reading Program; spoke regarding the chemical ingredients in vaping products; and supported Ordinance No. 2088.
Blythe Young, American Heart Association, spoke in support of Ordinance No. 2088 and letting residents vote on the referendum.
Michael Frank, Livermore, spoke in support of Ordinance No. 2088 and asked that City Council allow residents to vote on the referendum.
Mary Sweeney indicated her agreement with other speakers in support of Ordinance No. 2088.
Craig Bueno, Livermore Valley Joint Unified School District Board, spoke in support of Ordinance No. 2088 and encouraged City Council to let residents vote on the referendum.
Carolyn Leary spoke in support of Ordinance No. 2088 and read statements on behalf of Jen Bowman and Melanie Young who also supported the Ordinance.
Audrey Abadilla, Breathe California, spoke regarding the public health crisis related to electronic cigarette use by kids and supported Ordinance No. 2088.
Ausim Ali, Livermore, speaking as a business owner selling tobacco products, spoke regarding the effects of Ordinance No. 2088 on his business.
Mike Ali, Livermore, speaking as a business owner selling tobacco products, spoke regarding systems in place to help prevent the sale of tobacco products to minors.
There were no additional speakers and public comment was closed.
The City Council discussed support of Ordinance No. 2088, experiences with untruthful signature gatherers, and the negative effects of special interests on the community.
ON THE MOTION OF CM MUNRO, SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION, NOTING THEIR RELUCTANCE TO DO SO:
Resolution No. 2019-148 accepting the City Clerk's Certification of Sufficiency of signatures on the referendum petition protesting Ordinance No. 2088
ON THE MOTION OF VM CARLING, SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution No. 2019-149 calling for an election on March 3, 2020, requesting Alameda County Registrar of Voters conduct the election and appointing VM Carling and Mayor Marchand to a subcommittee to create the ballot argument.
THE CITY COUNCIL RECESSED FROM 9:33 PM - 9:48 PM.
6.03 Discussion and direction regarding an ordinance requiring the licensure of tobacco retailers.
Recommendation: Staff recommended the City Council introduce an ordinance adding a new Chapter 5.50, Tobacco Retail Licensing, to the Municipal Code to license tobacco retailers and regulate tobacco product sales for the protection of minors; and that the City Council provide direction to staff on regulating flavored tobacco, electronic smoking devices, and flavored fluids.
City Attorney Jason Alcala presented the staff report.
Mayor Marchand invited public comment.
Jannell Gladen, Kristie Wang, and Paula Campbell, Flavors Hook Kids Livermore, asked that City Council delay decision-making on the tobacco retailers license until the next Council Meeting.
Greg Scott commended City Council on their effort to limit the use of nicotine; he urged City Council to adopt the tobacco retail licensing ordinance.
Blythe Young, American Heart Association, supported moving the decision regarding tobacco retailer licensing to the next meeting.
In response to questions by CM Woerner, Mr. Alcala confirmed there was no informational benefit to waiting an additional two weeks.
There were no more speakers and the public comment was closed.
ON THE MOTION OF CM MUNRO, SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONTINUED THE ITEM TO THE SEPTEMBER 23, 2019 CITY COUNCIL MEETING.
6.04 Primary argument in opposition to the initiative measure entitled "Citizen's Initiative Changing Development Regulations in Downtown Livermore, and Amending Regulations to Allow Housing at the Civic Center."
Recommendation: The City Council Subcommittee recommended the City Council review the ballot measure argument prepared by the subcommittee and provide input.
MAYOR MARCHAND REMOVED THE ITEM FROM THE AGENDA.
COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED
7.01 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members.
Livermore Cultural Arts Council (LCAC) CM Munro reported her attendance at the meeting of August 27, 2019.
East Bay Community Energy (EBCE) VM Carling and CM Munro said they met with a representative from East Bay Alliance for Community Energy.
Carnegie Park In response to suggestions from CM Munro, City Manager Marc Roberts stated that a plan was in place to develop the northwest corner of Carnegie Park.
Police Department Annual Report In response to City Council direction regarding Mr. Barker's public comment, Mr. Roberts stated that staff would conduct a comparison of local police annual reporting and report back.
Earth Day Celebration City Council directed staff to return with options for an Earth Day celebration.
Intergovernmental Committee Meeting CM Woerner reported his attendance at the meeting and noted that vaping issues were a topic of discussion.
Livermore Amador Valley Transit Authority (LAVTA) CM Woerner reported his attendance at the September 9, 2019 meeting. He noted that LAVTA had recently received several awards.
Livermore Valley Performing Arts Center (LVPAC) CM Woerner stated that he submitted a letter requesting attendance at a board meeting to discuss three topics: long-term success of the Bankhead Theatre, downtown construction concerns, and to provide a chance for the board to weigh in on final design of the area.
Livermore Valley Performing Arts Center (LVPAC) Bankhead Gala VM Carling and CM Woerner reported their attendance.
HEAP Funding In response to questions from City Council, Mr. Roberts stated a report would be provided at the next meeting regarding scheduling information for HEAP funds as well as information regarding the homeless activity on First Street.
Love Livermore Live, Alameda County Transportation Commission Subcommittee Meeting (ACTC), Planning Policy and Legislation Committee meeting Mayor Marchand noted his attendance at each meeting.
ADJOURNMENT - TO CLOSED SESSION AT 10:21 PM
CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor John Marchand at 10:21 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.
ROLL CALL - Present: Mayor John Marchand, Vice Mayor Robert W. Carling, and Council Members Bob Coomber, Trish Munro, and Bob Woerner.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING CLOSED SESSION ITEMS.
There were no speakers.
ADJOURN TO CLOSED SESSION
1. Conference with Real Property Negotiator. To meet with Scott Lanphier and David Decoteau, the City's negotiators pursuant to Government Code section 54956.8, regarding the airport restaurant lease agreement approved on April 9, 2018, for a portion of the property located at 680 Terminal Circle, Livermore, California. The City negotiators may negotiate with Sanjeev Malhotra and Harmail Chatha on behalf of SAAB13, LLC. The instructions will concern the terms and conditions of the agreement and whether any changes should be made.
2. Anticipated Litigation - Conference with Legal Counsel. To meet with the City Attorney pursuant to Government Code section 54956.9(d)(4) to discuss whether to initiate litigation. (One case)
REPORT OF ACTION TAKEN IN CLOSED SESSION
City Attorney Jason Alcala noted that there was no reportable action.
ADJOURNMENT - At 11:00 pm to a regular City Council meeting on Monday, September 23, 2019 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.
JOHN P. MARCHAND, MAYOR
MARIE WEBER, ASSISTANT CITY CLERK
SARAH BUNTING, CITY CLERK