August 13, 2018
CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor John Marchand at 6:34 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.
ROLL CALL - Present: Mayor John Marchand, Vice Mayor Bob Woerner, and Council Members Robert W. Carling and Bob Coomber. Council Member Steven Spedowfski was absent/excused.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING CLOSED SESSION ITEMS.
ADJOURN TO CLOSED SESSION
1. Conference with Labor Negotiator, Conference Joint Powers Agency Confidential Information. To meet with Administrative Services Director Douglas Alessio, the City's negotiator, pursuant to Government Code sections 54957.6, and 54956.96 regarding negotiations with The International Association of Firefighters, Local 1974, AFL-CIO-CLC.
2. Conference with Real Property Negotiator. To meet with Paul Spence and Steve Stewart, the City's negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor's Parcel Numbers 098-0289-021-00, 098-0407-029-02, 098-0289-013-11, and 098-0407-013-00. The City negotiators may negotiate with Rikesh Patel on behalf of the Presidio Companies, LLC. The instructions will concern price and terms of payment.
3. Conference with Real Property Negotiator. To meet with Eric Uranga, City negotiator pursuant to Government Code section 54956.8 regarding the purchase, sale, exchange or lease of real property at 2038 First Street (APN Number 097-0001-022-00) and 2044 First Street (APN Number 097-0001-030-00). The City negotiator may negotiate with Kathleen Bireley and Thomas Chance, owner representatives. The instructions will concern price and terms of payment.
CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:02 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.
1.01 ROLL CALL - Present: Mayor John Marchand, Vice Mayor Bob Woerner and Council Members Robert W. Carling and Bob Coomber. Council Member Steven Spedowfski was absent/excused.
1.02 PLEDGE OF ALLEGIANCE
1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION
City Attorney Jason Alcala said there was no reportable action.
PROCLAMATIONS AND PRESENTATIONS - None.
John Stein, Livermore, spoke regarding the City Council's prior comments on the health care initiative petition and suggested using moderated language.
Greg Scott, Livermore, spoke regarding issues relating to homelessness in Livermore.
Andrew Barker, Livermore, spoke regarding prioritizing pedestrian traffic over vehicle traffic at the intersection of First Street and North Livermore Avenue.
Connie Kopps, Livermore, spoke regarding finding solutions to social issues in the community and her experiences trying to start a business.
Karl Wente, Livermore, spoke regarding good government and his experience attending a recent Planning Commission meeting.
Items 4.08 was removed from the Consent Calendar for separate discussion and action.
ON THE MOTION OF CM CARLING, SECONDED BY CM COOMBER, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 4.08.
Karl Wente, Livermore, complimented the Heritage Guild and their work at Hagemann Farm.
Mayor Marchand spoke regarding the community's work at Hagemann Farm and recognized the late August "Augie" Hagemann's service to Livermore.
ON THE MOTION OF CM COOMBER, SECONDED BY VM WOERNER, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 4.08.
4.01 Approval of minutes - July 23, 2018 regular City Council meeting and July 30, 2018 special City Council meeting.
4.02 Resolution 2018-133 determining there remains a need to continue the emergency proclamation declared on March 15, 2017 for the February 19, 2017 flood damage.
4.03 Resolution 2018-134 authorizing the City Manager to award or negotiate a construction contract up to $300,000 for the Isabel Avenue/I-580 Interchange Improvements Off-Site Wetland Mitigation, Project No. 1992-3866, State Project Number 04-171300.
4.04 Resolution 2018-135 authorizing execution of an agreement with Ruggeri-Jensen-Azar, in an amount not to exceed $240,500, for engineering design and construction administration support services for the Iron Horse Trail Gap Closure, Project No. 2017-24.
4.05 Resolution 2018-136 authorizing execution of an agreement with Carollo Engineers, in an amount not to exceed $332,931, for engineering services during construction of the Dalton Reservoir Replacement, Project No. 2016-19.
4.06 Resolution 2018-137 accepting the Livermore Downtown, Inc. (LDI) Annual Report 2017/2018; and authorizing execution of a grant agreement with LDI, in the amount of $90,000, for services, operating expenses, and downtown promotional expenses for FY 2018-19.
4.07 Resolution 2018-138 summarily vacating and authorizing execution of a quitclaim deed for a portion of the Fourth Street right-of-way along the frontage of Livermore High School.
4.08 Resolution 2018-139 authorizing execution of a two-year lease agreement with Livermore Heritage Guild, in an annual amount not to exceed $62,000, for property management services at the Hagemann Farm property located at 455 Olivina Avenue.
5.01 Hearing to receive community input regarding the boundaries and composition of districts to be established for district-based elections for City Council Members and provide direction to staff and the City's independent demographer regarding preparation of draft district maps.
Recommendation: Staff recommended the City Council hold the second of two hearings to receive community input regarding the boundaries and composition of districts to be established for district-based elections for City Council Members and provide direction to staff and the City's independent demographer regarding preparation of draft district maps.
Administrative Services Director Douglas Alessio and Wagaman Strategies Consultant Michael Wagaman presented the staff report. Remcho, Johansen & Purcell Consultant Thomas Willis was available for questions.
In response to questions by CM Carling, Mr. Wagaman said ethnicity, such as the Hispanic population near Marylin Avenue School, could be considered when identifying communities of interest but could not be the sole criteria.
In response to questions by VM Woerner, Mr. Wagaman confirmed that the City Council would be considering four Council Member districts with the mayor elected at large.
Mayor Marchand opened the public hearing.
Neil Herrick, Livermore, said previous comments regarding gerrymandering were not directed towards the current Council; he suggested using voting precincts as criteria for boundaries.
John Stein, Livermore, suggested possible communities of interest, including the area north of I-580 and Springtown, the former Redevelopment Agency boundary, and the South Livermore Plan.
Connie Kopps, Livermore, spoke in support of at-large elections and thinking about Livermore holistically.
Asa Strout, Livermore, supported making the demographer's input data available to the public and asked for demographic and socioeconomic breakdowns of each proposed district.
Karl Wente, Livermore, spoke regarding the importance of doing the process well and transparently.
Tom Isenberg, Livermore, spoke in support of at-large elections.
There were no more speakers and the hearing was closed.
CM Coomber said it was challenging to find ways to divide the community and he believed Livermore's population was well-distributed throughout the community.
CM Carling said north of I-580 was likely to be a community of interest and based on feedback from the community, he suggested combining Springtown with an area south of the freeway. He said the area around Marylin Avenue School would likely be included in a district.
VM Woerner said the community was just beginning to engage in the process and suggested obtaining more input. He said avoiding head-to-head contents with incumbent Council Members was not a factor he wished to consider; CM Carling agreed.
In response to questions by VM Woerner, Mr. Wagaman said public engagement typically increased after draft maps were available and staff intended to have maps in advance of the August 31, 2018 deadline. In response to procedural questions by VM Woerner regarding publication of draft maps, City Attorney Jason Alcala clarified that the demographer would prepare maps based on input from Council and input from the public consistent with Council's direction. Mr. Wagaman confirmed that the maps produced would include demographic data and an explanation of the basis and criteria.
In response to questions by CM Carling, Mr. Wagaman confirmed that a minimum of three draft maps would be produced.
CM Coomber suggested using First Street and Livermore Avenue as the starting point for dividing into quadrants.
Mayor Marchand supported keeping voting precincts together and expressed concerns regarding potential divisiveness arising from districts, saying he would like to include in the Council's goal setting a module regarding the City Council being responsible for the entire City.
Mr. Wagaman summarized Council's direction to staff as: producing no less than three maps; considering traditional redistricting criteria; to not consider incumbency as a factor; considering precinct boundaries where those would not result in division of a census geography; considering public testimony relating to communities of interest; and including potential boundaries identified in the Council's discussion.
MATTERS FOR CONSIDERATION
6.01 Discussion and direction regarding public nuisance prevention and abatement.
Recommendation: Staff recommended the City Council:
1. Introduce an ordinance amending Chapter 8.14 of the Livermore Municipal Code for nuisance abatement; and,
2. Provide direction on the development of other regulatory tools to prevent nuisances and maintain downtown as a safe and vibrant place for the community to meet and socialize.
City Attorney Jason Alcala presented the staff report.
In response to questions by CM Coomber, Mr. Alcala confirmed that requiring Conditional Use Permits (CUPs) would create a new cost for downtown businesses.
CM Coomber spoke regarding considering a stricter interpretation of existing laws and said it was fair to consider whether the City's ordinance would be a better, more enforceable tool.
In response to questions by CM Coomber, Mr. Alcala said certain businesses had an extraordinary number of calls for service and the City was subsidizing this through police calls. City Manager Marc Roberts said in some cases the City subsidized permits to encourage their use.
In response to questions by CM Carling, Mr. Alcala spoke regarding the lengthy processes of letter writing, citations, and administrative hearings; Police Chief Harris said the process took a long time and issues could be solved sooner. Mr. Alcala clarified that a hearing officer could not be a City of Livermore employee, saying a network of attorneys and code enforcement officers throughout the Bay Area would be available.
In response to questions by Mayor Marchand regarding offensive words in public places and disturbing the peace, Mr. Roberts described the City's existing Downtown noise ordinance, saying some activities in the Downtown were protected; Mr. Alcala said new regulations must reconcile with existing regulations in the Downtown and while the issue could be looked at, it would require a judicious approach in light of the First Amendment.
Mayor Marchand invited public comment.
Brent Siler, Livermore, spoke regarding negative impacts from drunk people coming out of bars; he appreciated the issue being addressed and suggested incentivizing businesses to clean sidewalks.
Nancy Bankhead, Livermore, expressed concerns regarding graffiti and behavior of drunk people coming from bars and supported the City having some control.
VM Woerner said his motivation regarding this item was keeping the good quality of the Downtown and he supported crafting a good set of business regulations; the CUP should be carefully considered but he wanted more detail to understand costs and ramifications. He said removing graffiti, similar to weed abatement, was an important signal to the community; and he was not sure regarding panhandling.
In response to questions by VM Woerner, Mr. Alcala said business regulations provided the opportunity to get immediate response.
CM Carling expressed agreement with VM Woerner's comments, saying he was concerned about the CUP costs to businesses. He favored business regulations as an immediate way to deal with issues and requested more information regarding panhandling.
In response to questions by CM Carling, Mr. Roberts said property owners were currently required to remediate graffiti from their property and the change under discussion was allowing City staff, after notice, to remove the graffiti from private property; he said most walls are public property and the Council could give direction to staff regarding walls that were clearly on private property.
In response to questions regarding panhandling in center medians, Mr. Alcala said the recommendation was regarding center medians that were on the public right-of-way; staff could explore driveway paths as well. Mr. Roberts said defining the issue as a public safety issue regarding people in the medians, driveways, and streets rather than panhandling would be more enforceable. Chief Harris described situations regarding safety concerns in traffic and police calls when people felt unsafe.
CM Coomber supported the graffiti change and mitigating the burden on Downtown businesses if CUPs were considered. He spoke regarding his experience with aggressive panhandling and suggested researching options to see what was successfully implemented without First Amendment challenges in court, saying nobody should feel unsafe.
Mayor Marchand supported targeting behaviors rather than the reason behind the behavior and said people should feel safe in the community. He spoke regarding graffiti as a public safety hazard that encouraged other bad behaviors, and suggested coordinating with community volunteers to help abate graffiti.
In response to questions by Mayor Marchand, Mr. Alcala said the costs of an administrative hearing officer would be recovered from the violator if it was determined that a violation had occurred.
The City Council restated their direction to staff as: supporting implementing business regulations; obtaining more information regarding mitigating the cost of CUPs; support for cleaning up graffiti and acknowledging when people could pay for it; directing staff to provide information on aggressive panhandling with a focus on public safety; and directing staff to continue monitoring the law and where possible seek other enforcement opportunities.
ON THE MOTION OF VM WOERNER, SECONDED BY CM COOMBER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCE:
Ordinance introduced amending Chapter 8.14 to the Livermore Municipal Code to establish a uniform and consistent abatement hearing process and to make other minor revisions to ensure internal consistency with current practices.
6.02 Consideration of two agreements with Newport Pointe and Zeiss LLC to sell mitigation value in the form of environmental enhancements and a conservation easement with endowment on the City-owned Springtown Preserve Property to satisfy Regulatory Agency permitting requirements.
Recommendation: Staff recommended the City Council adopt a resolution authorizing:
1. Execution of a Memorandum of Agreement with Newport Pointe, LLC for funding to enhance and protect sensitive habitat on City-owned property known as a the Springtown Preserve, all related transaction documents, and non-substantive changes, including extensions; and
2. Execution of a Purchase and Sale Agreement with Carl Zeiss Pension Trust Properties LLC for the sale of a conservation easement and authorizing wetland restoration activities on City-owned property known as a the Springtown Preserve, all related transaction documents, and non-substantive changes, including extensions.
Assistant Planner Andy Ross presented the staff report.
In response to questions by CM Carling, Mr. Ross confirmed that the developers were building in other communities but would be preserving the area in Livermore in perpetuity.
CM Coomber said the vernal pools deserved to be preserved and he had seen places where bicycle jumps were being built on the area.
In response to questions by CM Coomber, Planning Manager Steve Stewart said the Police Department was responsible for trespassers and staff had not engaged Livermore Area Recreation and Park District regarding running the park.
Mayor Marchand invited public comment.
Connie Kopps, Livermore, asked the Council to remove the item from the agenda to provide an opportunity to learn more about it and questioned the ownership of land in the Springtown area.
Nancy Bankhead, Livermore, spoke regarding the importance of good fencing at the remote location and suggested requiring developers to build a good fence.
There was discussion regarding the possibility of needing a stronger fence to protect the wetland from entry. In response to questions by the Council, Mr. Ross said a three- or five-strand barbed wire fence was currently proposed; staff had explored and would continue to explore more durable fencing.
ON THE MOTION OF CM CARLING, SECONDED BY VM WOERNER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2018-140 authorizing the City Manager to execute a Memorandum of Agreement with Newport Pointe, LLC for funding of sensitive habitat enhancements on the City owned Springtown Preserve; execute a Purchase and Sale Agreement with Carl Zeiss Pension Trust Properties LLC for the sale of a conservation easement; and authorizing wetland restoration on approximately 40 acres of the City-owned Springtown Preserve.
THE CITY COUNCIL RECESSED FROM 9:20-9:26 PM.
6.03 Ballot measure rebuttal argument prepared by the City Council Subcommittee in opposition to the Local Regulation of Health Care Service Costs initiative petition.
Recommendation: The City Council Subcommittee recommended the City Council review the rebuttal argument and provide input.
The City Council reviewed the rebuttal argument and provided input.
ON THE MOTION OF CM COOMBER, SECONDED BY VM WOERNER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED REVISIONS TO THE BALLOT MEASURE REBUTTAL ARGUMENT AND PROVIDED THE OPPORTUNITY FOR ABSENT/EXCUSED COUNCIL MEMBER SPEDOWFSKI TO SIGN THE ARGUMENT BY THE FILING DEADLINE.
COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED
7.01 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members.
Little League World Series CM Coomber said he attended the Little League World Series and extended his congratulations to the Livermore team for their achievements.
Stopwaste.org CM Carling said he attended the meeting on July 25, 2018.
Little League World Series CM Carling said he participated in the Little League World Series on July 30, 2018, saying the community should be proud of the event.
National Night Out CM Carling said he attended Livermore's National Night Out on August 7, 2018 with Police Chief Harris.
Altamont Landfill Open Space Committee VM Woerner said he attended the meeting where there was discussion regarding potential use of $500,000 in open space funds to help pay for a bridge proposed by the Tri-Valley Conservancy.
Intersection of First Street and Livermore Avenue VM Woerner requested staff provide a memorandum regarding prioritization of pedestrian and vehicle traffic at the intersection of First Street and Livermore Avenue.
National Night Out Mayor Marchand said he attended Livermore's National Night Out event on August 7, 2018 with Captain Young.
Alameda County Transportation Commission Mayor Marchand said he attended the meeting on August 13, 2018 where the $500 million 7th Street Grade Separation project was authorized.
Commission Term Lengths Mayor Marchand requested and received consensus from the Council to revisit the topic of term limits for commissions and committees.
ADJOURNMENT - at 9:41 pm, in memory of Sandra (Sandi) Thorne, to a regular City Council meeting on Monday, September 10, 2018 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.
JOHN P. MARCHAND, MAYOR
SARAH BUNTING, CITY CLERK