CALL TO ORDER / PLEDGE OF ALLEGIANCE

PROCLAMATIONS AND PRESENTATIONS

CITIZENS FORUM

CONSENT CALENDAR

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS

MATTERS FOR CONSIDERATION

ADJOURNMENT

CALL TO ORDER OF NEWLY INSTALLED COUNCIL

CITIZENS FORUM

MATTERS FOR CONSIDERATION

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS

ADJOURNMENT

December 12, 2016

________________________________________________________________

1.

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 Stewart Gary, and Council Members Steven Spedowfski, Laureen Turner, and Bob Woerner.

1.02 PLEDGE OF ALLEGIANCE

2.

PROCLAMATIONS AND PRESENTATIONS 2.01 Confirmation of Advisory Body appointments and reappointments and administration of oath of office to new members.

Commission for the Arts

Appointment of Kara Johnsen

Reappointment of Sabrina Ohnemus

Reappointment of Kathleen Streeter

Reappointment of Cher Wollard

Human Services Commission

Appointment of Nabeela Khan

Appointment of Marla Kirby

Livermore Housing Authority

Reappointment of Richard Knowles

ON THE MOTION OF CM WOERNER, SECONDED BY VICE MAYOR GARY, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS AND REAPPOINTMENTS.

City Clerk Susan Neer administered the oath of office to newly appointed members.

Mayor Marchand reordered the agenda to present Items 2.02 and 2.03 later in the meeting.

Mayor Marchand presented a proclamation recognizing the 20th anniversary of the formation of the Livermore-Pleasanton Fire Department to Deputy Chief Joe Testa.

3.

CITIZENS FORUM

John Stein, Livermore, spoke regarding the historic train depot and the Livermore tarweed.

In response to questions by Mayor Marchand, Community Development Director Paul Spence said the City would be the owner of the train depot building and the land it sat on at the transit center; the cinder blocks and part of the back of the building that was added in the 1970s would not be retained.

In response to questions by CM Turner, Mr. Spence said Livermore-Amador Valley Transit Authority (LAVTA) would use the depot as a ticketing station for both train and bus services. He said the $1.2 million grant would pay to move and restore the building and the maintenance responsibilities would be shared between LAVTA and the City.

In response to questions by Mayor Marchand, Mr. Spence said he was not aware of a proposal to expand the red legged frog habitat.

David McGuigan, continued his negative comments on the Police Department.

Steve Larranaga, Livermore Valley Chamber of Commerce, presented certificates of appreciation to Vice Mayor Stewart Gary and Council Member Laureen Turner.

Connie Kopps, Livermore, spoke regarding a variety of items.

Cindy Chin, representing Assembly Member Catherine Baker, and Shareen Ram, representing Senator Steve Glazer, presented Certificates of Appreciation to Vice Mayor Stewart Gary and Council Member Laureen Turner.

4.

CONSENT CALENDAR

Item 4.04 CM Woerner requested this item be removed from the Consent Calendar and voted on separately.

Item 4.08 In response to questions by Mayor Marchand, Community Development Director Paul Spence said $27,000 was for design costs; the remaining $2,000 covered bonding and insurance for the successful bidder due the delays caused by the City.

ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY CM TURNER AND CARRIED ON 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 4.04.

ON THE MOTION OF CM TURNER, SECONDED BY CM SPEDOWFSKI AND CARRIED ON A 4-0-1 VOTE (CM WOERNER ABSTAINED), ITEM 4.04 WAS APPROVED AND THE ORDINANCE WAS ADOPTED.

4.01 Approval of minutes - November 28, 2016 regular City Council meeting. 4.02 Ordinance 2045 adopting modifications to the Livermore Municipal Code to update references; strike outdated terms; add additional references; clarify existing provisions; and to make additional technical or non-substantive corrections.

4.03 Ordinance 2046 levying special taxes within City of Livermore Community Facilities District No. 2016-2 (Shea Properties).

4.04 Ordinance 2047 authorizing the City of Livermore's participation and implementation of a Community Choice Aggregation program.

4.05 Resolution 2016-173 accepting for permanent maintenance and releasing of security for the Raymond Road Landfill Cap Rehabilitation, Project No. 2006-20.

4.06 Resolution 2016-174 accepting for permanent maintenance and releasing of security for the Demolition and Hazmat Abatement at 1105 West Jack London Boulevard (Airport Horse Ranch), Project No. 2015-13.

4.07 Resolution 2016-175 authorizing execution of an amendment to the agreement with Carollo Engineers and execution of change orders up to $918,300 for the construction contract with Pacific Infrastructure Corporation for repair of the Water Reclamation Plant's sodium hypochlorite mixing structure as part of the WRP Rehabilitation and Process Improvements Phase 1 Project No. 2012-13.

4.08 Resolution 2016-176 rejecting all bids for the Demolition and Hazmat Abatement at 636 Terminal Circle, Project No. 2015-11 (old Airport Administration building).

4.09 Resolution 2016-177 making findings regarding the continued need for unexpended balances of impact fees as of June 30, 2016, and acceptance of the City of Livermore Annual Report of Development Fee and Connection Fee Revenues and Expenditures for Fiscal Year 2015-16.

5. PUBLIC HEARINGS - None.

6.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS

Holiday Lights CM Spedowfski said he represented the City at Deacon Dave's annual holiday lighting ceremony.

Holiday Parade CM Spedowfski said on December 3, 2016 he attended Livermore's holiday parade.

CM Turner said she did not have any matters to initiate or reports of meetings attended. She did express thanks and appreciation to her peers and City staff for their support and assistance while she was on the Council for the past five years.

Advisory Body Interviews CM Woerner said on November 30, 2016 he conducted interviews for openings on City advisory bodies.

StopWaste.org CM Woerner said he attended the November meeting. He spoke regarding a grant application process.

Altamont Open Space Committee CM Woerner said staff attended in his absence and followed through on establishing a tiered funding allocation system for the priority areas to acquire for the open space.

VM Gary did not have a report.

Mayors Conference Mayor Marchand said November 30 - December 2, 2016 he attended the Kauffman Foundation's Mayors Conference on Entrepreneurial Diversifying.

Holiday Parade Mayor Marchand said on December 3, 2016 he attended the annual Sights and Sounds Holiday Parade in Downtown Livermore.

Emergency Medical Services Mayor Marchand said on December 7, 2016 he attended the annual awards presentation.

Citizens Police Academy Mayor Marchand said on December 8, 2016 he attended the graduation ceremony for the 30th Citizens Police Academy.

Innovation Tri- Valley Mayor Marchand said on December 9, 2016 he attended the board meeting.

California Local Area Formation Commission Mayor Marchand said on December 9, 2016 he attended the board meeting in Sacramento.

Vine Cinema Mayor Marchand said on December 11, 2016 he attended the 60th anniversary celebration of the Vine Cinema.

7.

MATTERS FOR CONSIDERATION

7.01 Discussion and direction regarding medical cannabis dispensary regulations and public outreach plan.

Recommendation: Staff recommended the City Council discuss potential medical cannabis regulations and public outreach plan and provide direction on proceeding with the development of an ordinance permitting a medical cannabis dispensary.

Senior Planner Scott Lee presented the staff report.

CM Turner expressed concerns that there were no delivery options for the storefronts and there would have to be two separate businesses.

In response to questions by CM Turner, Mr. Lee said the current County regulation allowed twenty pounds of stored product.

In response to questions by VM Gary, City Attorney Jason Alcala said post Proposition 64, the applicant was allowed to obtain the local license after the state license.

In response to questions by Mayor Marchand, Mr. Lee verified that employees and owners of dispensary with a record of felony and certain misdemeanor crimes would be precluded. Mr. Alcala said local agencies had the discretion to set those particular offenses.

Mayor Marchand invited public comment.

Chris Heckler spoke regarding the zoning for dispensaries and the proposed conditional use permit.

Michaela Toscos, Higher Elevation Community Collective, said she received her operating license from the state and submitted her incorporation papers to the City Council for review.

Adam Pine, Floral Element Collective, spoke regarding licensing, taxing, cultivation, paraphernalia, and delivery service for medicinal cannabis.

Anthony Rangel, Nature's Remedy Collective, spoke regarding the regulations and proposed weight limits for medical cannabis.

Amber Smidebush, East Bay Healing Alliance, spoke regarding community input on establishing the requirements for the City's medicinal cannabis regulations.

There were no more speakers.

CM Spedowfski said the proposed language was a good starting point and encouraged community outreach and input.

CM Turner spoke regarding five areas for consideration including cultivation, delivery options, the timing of licensing and regulations, weight limits, and the provision for paraphernalia for alternatives to smoking.

VM Gary spoke regarding the technical issues that needed to be worked out, the need for regulating recreational marijuana, and how to select medical dispensaries.

CM Woerner said he did not believe there was an administrative urgency.

In response to questions by CM Woerner, City Attorney Jason Alcala confirmed that the City had to adopt an ordinance prohibiting the recreational use of marijuana in Livermore prior to state law going into effect January 2018.

Mayor Marchand spoke regarding leafless dispensaries that would be dispensed through a licensed pharmacy, having a local business to provide for the local community, hours of operation and the weight of active ingredients in consumables. He said there were many areas to be addressed and this was a very complicated matter,

BY CONSENSUS OF THE CITY COUNCIL, THE CITY COUNCIL DIRECTED STAFF TO CONDUCT COMMUNITY OUTREACH AND INPUT PRIOR TO STAFF DRAFTING AN ORDINANCE.

7.02 Resolution accepting canvass of votes of the General Municipal Election of November 8, 2016.

The following persons were elected to the respective office for the terms stated:

John Marchand Mayor Two-year term

Robert W. Carling Council Member Four-year term

Bob Coomber Council Member Four-year term

The following measure was passed:

Measure FF - Ordinance 2048 Affirming and Readopting the Existing Open Space Land Use Designation "OSP Parks, Trail Ways, Recreation Corridors and Protected Areas" in City of Livermore General Plan for the Springtown Golf Course.

Recommendation: Staff recommended the City Council adopt the resolution accepting the canvass of votes as certified by the Alameda County Registrar of Voters.

Mayor Marchand invited public comment.

Connie Kopps, Livermore, spoke regarding her confusion with Measure FF.

In response to questions by Mayor Marchand, City Attorney Jason Alcala explained the canvassing of the votes and certification of the election. He said by law, Ordinance 2048 (Measure FF) would be effective ten days after the City Council adopted the resolution certifying the results of the election.

ON THE MOTION OF CM TURNER, SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2016-178 Accepting canvass of votes of the General Municipal Election of November 8, 2016

Measure FF - Ordinance 2048 Affirming and Readopting the Existing Open Space Land Use Designation "OSP Parks, Trail Ways, Recreation Corridors and Protected Areas" in City of Livermore General Plan for the Springtown Golf Course. (effective December 22, 2016)

Items 2.02 Proclamation honoring Council Member Laureen Turner.

Mayor Marchand presented the proclamation to Laureen Turner.

Item 2.03 Proclamation honoring Vice Mayor Stewart Gary.

Mayor Marchand presented the proclamation to Stewart Gary. He also presented a plaque honoring and thanking Mr. Gary for serving as Vice Mayor.

8.

ADJOURNMENT - 8:40 pm - Adjournment sine die.

________________________________________________________________ DELIVERY OF CERTIFICATES OF ELECTION

AND

ADMINISTRATION OF OATH OF OFFICE TO

JOHN MARCHAND - MAYOR

ROBERT W. CARLING - COUNCIL MEMBER

BOB COOMBER - COUNCIL MEMBER

City Clerk Susan Neer administered the oath of office to the newly elected officials.

________________________________________________________________ 9.

CALL TO ORDER OF NEWLY INSTALLED COUNCIL

Mayor Marchand called the meeting of the newly installed City Council to order at 8:45 pm.

9.01 Roll Call Council Member Robert Carling

Council Member Bob Coomber

Council Member Steven Spedowfski

Council Member Bob Woerner

Mayor John Marchand

All members of the City Council were present.

10.

CITIZENS FORUM

There were no speakers.

11.

MATTERS FOR CONSIDERATION

11.01 Approval of the City Council/Successor Agency Meeting Calendar for 2017.

Recommendation: Staff recommended the City Council/Successor Agency approve the meeting calendar for 2017.

ON THE MOTION OF CM COOMBER, SECONDED BY CM CARLING AND APPROVED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE 2017 MEETING CALENDAR.

11.02 Appointment of Vice Mayor.

Recommendation: Staff recommended the Mayor appoint a Vice Mayor.

MAYOR MARCHAND APPOINTED STEVEN SPEDOWFSKI AS VICE MAYOR.

11.03 Appointment of Council Members to Intergovernmental Agencies.

Recommendation: Staff recommended the Mayor make the appointments.

Mayor Marchand made the following appointments:

ALAMEDA COUNTY TRANSPORTATION COMMISSION (ACTC)

John Marchand - Delegate (11/28/11)

Bob Coomber - Alternate (12/12/16)

ALTAMONT LANDFILL COMMUNITY MONITOR COMMITTEE

Robert Carling - Member (12/12/16)

ALTAMONT LANDFILL OPEN SPACE ACCOUNT ADVISORY COMMITTEE

Bob Woerner - Member (01/27/14)

ALTAMONT REGIONAL RAIL POLICY WORKING GROUP

John Marchand - Delegate (11/28/11)

ALTAMONT REGIONAL TRAFFIC AUTHORITY

John Marchand, Delegate (12/8/14)

Steven Spedowfski, Alternate (12/8/14)

ASSOCIATED COMMUNITY ACTION PROGRAM (ACAP)

Marc Roberts, City Manager - Delegate (11/28/11)

ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) GENERAL ASSEMBLY

Robert Carling - Delegate (12/12/16)

Bob Coomber - Alternate (12/12/16)

CHAMBER OF COMMERCE LIAISON

John Marchand - Delegate (11/28/11)

EAST BAY COMMUNITY CHOICE ENERGY JOINT POWERS AUTHORITY (EBCE JPA)

Steven Spedowfski - Delegate (12/12/16)

GOVERNMENT OF LIVERMORE FINANCING AUTHORITY (GOLFA)

Bob Coomber - Delegate (12/12/16)

Steven Spedowfski - Alternate (12/12/16)

INTERGOVERNMENTAL COMMITTEE (CITY / LARPD / SCHOOL DISTRICT)

Bob Woerner - Delegate (12/12/16)

Bob Coomber - Delegate (12/12/16)

LEAGUE OF CALIFORNIA CITIES EAST BAY DIVISION (LOCC)

Robert Carling - Delegate (12/12/16)

Steven Spedowfski - Alternate (12/8/14

LIVERMORE-AMADOR VALLEY TRANSIT AUTHORITY (LAVTA)

Steven Spedowfski - Delegate (Chair of the Board) (6/6/2016)

Bob Coomber - Delegate (12/12/16)

Robert Carling - Alternate (12/12/16)

LIVERMORE AMADOR VALLEY WATER MANAGEMENT AGENCY (LAVWMA) JOINT POWERS

John Marchand - Delegate (12/05/05)

Bob Woerner - Delegate (12/8/14)

Steven Spedowfski - Alternate (12/8/14)

LIVERMORE AREA RECREATION AND PARK DISTRICT LIAISON COMMITTEE

Bob Woerner - Member (12/12/16)

Steven Spedowfski - Member (12/8/14)

LIVERMORE CULTURAL ARTS COUNCIL (LCAC)

Bob Woerner - Delegate (12/05/05)

John Marchand - Alternate (01/23/12)

LIVERMORE DOWNTOWN, INC. (LDI)

Bob Woerner - Liaison (12/12/16)

Robert Carling - Alternate (12/12/16)

LIVERMORE-DUBLIN CITY COUNCIL LIAISON COMMITTEE

John Marchand - Delegate (11/28/11)

Steven Spedowfski - Delegate (12/8/14)

Remainder of Council - Alternates

LIVERMORE-PLEASANTON CITY COUNCIL LIAISON COMMITTEE

John Marchand - Delegate (11/28/11)

Robert Carling - Delegate (12/12/16)

Remainder of Council - Alternates

LIVERMORE-PLEASANTON FIRE DEPARTMENT JOINT POWERS AUTHORITY≥ (LPFD JPA)

John Marchand - Member (11/28/11)

Bob Woerner - Member (12/12/16)

SISTER CITIES COMMITTEES

Yotsukaido, Japan: John Marchand - Delegate; Bob Woerner - Alternate (12/8/14)

Quezaltenango, Guatemala: John Marchand - Delegate; Steven Spedowfski - Alternate (12/12/16)

Snezhinsk, Russia: John Marchand - Delegate; Robert Carling - Alternate (12/12/16)

STOPWASTE.ORG

(ACWMA AND THE ALAMEDA COUNTY SOURCE REDUCTION AND RECYCLING BOARD)

Robert Carling - Delegate (12/12/16)

Bob Coomber - Alternate (12/12/16)

TRI-VALLEY ADOLESCENT HEALTH INITIATIVE

Robert Carling - Delegate (12/12/16)

Bob Coomber - Delegate (12/12/16)

TRI-VALLEY CITIES COUNCIL

All Council Members

TRI-VALLEY COMMUNITY TELEVISION CORPORATION (TVCTV)

John Marchand - Delegate (11/28/11)

Marc Roberts, City Manager - Alternate (11/28/11)

TRI-VALLEY COUNCIL - AFFORDABLE HOUSING COMMITTEE

Robert Carling - Delegate (12/12/16)

Bob Woerner - Alternate (12/8/14)

TRI-VALLEY TRANSPORTATION COUNCIL (TVTC)

Steven Spedowfski - Delegate (12/8/14)

Remainder of Council - Alternates

WATER AGENCIES ROUND TABLE LIAISON COMMITTEE

John Marchand - Delegate (07/28/14)

Bob Woerner - Delegate (12/8/14)

Robert Carling - Alternates (12/12/16)

ZONE 7 INTERGOVERNMENTAL LIAISON COMMITTEE

John Marchand - Representative (08/04/08)

Bob Woerner - Representative (12/8/14)

APPOINTMENTS MADE BY INTERGOVERNMENTAL AGENCIES

ALAMEDA COUNTY AIRPORT LAND USE COMMISSION (ALUC)

John Marchand - Commissioner

Leander Hauri - Commissioner

ALAMEDA COUNTY MAYORS CONFERENCE

John Marchand - Delegate (Always Mayor)

Steven Spedowfski - Alternate (Always Vice Mayor) (12/12/16)

EAST BAY REGIONAL COMMUNICATION SYSTEMS AUTHORITY

Marc Roberts, City Manager - Board member (01/03/12)

John Marchand - Alternate Board member (12/12/11)

LOCAL AGENCY FORMATION COMMISSION (LAFCO)

John Marchand - Vice Chair

PARATRANSIT ADVISORY AND PLANNING COMMITTEE (ACTC - PAPCO)

Bob Coomber - Delegate (12/12/16)

11.04 Appointment of Council Members to the City Council Subcommittee to conduct Advisory Body interviews from January 1 - June 30, 2017, including the Livermore Area Youth Advisory Commission.

Recommendation: Staff recommended two Council Members be appointed to serve on the City Council Subcommittee for Advisory Bodies.

Mayor Marchand and CM Woerner were appointed to the City Council Subcommittee for Advisory Bodies.

12.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS - A verbal report may be given.

ADJOURNMENT - 8:55 PM to a regular City Council meeting on January 9, 2017 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

SUSAN NEER, CITY CLERK