February 22, 2016
1. CALL TO ORDER CALL TO ORDER - The meeting of the City Council was called to order by Vice Mayor Stewart Gary at 7:00 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.
1.01 ROLL CALL - Present: Vice Mayor Stewart Gary and Council Members Steven Spedowfski, Laureen Turner, and Bob Woerner. Mayor John Marchand was absent/excused.
1.02 PLEDGE OF ALLEGIANCE
The Cresta Blanca Girl Scouts led the Pledge of Allegiance.
2. PROCLAMATIONS AND PRESENTATIONS PROCLAMATIONS AND PRESENTATIONS
2.01 Proclamation declaring March 6-12, 2016 as Girl Scout Week.
VM Gary presented a proclamation to the Cresta Blanca Girl Scouts declaring March 6-12, 2016 as Girl Scout Week.
2.02 Poet Laureate Annual Update.
Poet Laureate Kevin Gunn presented the annual update.
3. CITIZENS FORUM CITIZENS FORUM
David McGuigan, Livermore, spoke regarding Measure B and Measure BB; and expressed concerns regarding events that occurred at Council meetings on January 25, 2016, and February 8 and 9, 2016. He requested the Council ask the District Attorney to review the actions.
Dave Wetmore and Bill Aboumrad, Little League Intermediate World Series Committee, spoke regarding the 2016 Little League Intermediate World Series to be held in Livermore.
Russ Morgan, Livermore, submitted a petition asking the City Council to reconsider their decision by allowing rental use at his party supply retail location.
Connie Kopps, Livermore, spoke regarding development in her neighborhood and expressed concerns regarding activities on the closed Springtown Golf Course.
Don Meeker, Livermore, read excerpts from the 1931 Livermore Journal regarding unemployment.
4. CONSENT CALENDAR CONSENT CALENDAR
ON THE MOTION OF CM TURNER, SECONDED BY CM WOERNER, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
4.01 Resolution 2016-011 accepting for permanent maintenance and releasing of security for the Isabel Avenue/I-580 Interchange Mitigation Planting Maintenance, Project No. 1992-38.
4.02 Resolution 2016-012 accepting for permanent maintenance and releasing of security for the 2015 Slurry Seal Project, Project No. 2015-04.
4.03 Resolution 2016-013 accepting for permanent maintenance and releasing of security for the El Charro Specific Plan Mitigation and Maintenance Phase II, Project No. 2007-2033.
4.04 Resolution 2016-014 approving final Tract Map 8216; authorizing execution of the Subdivision Improvement Agreement with Shea Homes, Inc., Sage Phase 2; and rejecting Fennel Way, Sandalwood Drive, Tranquility Circle, Public Trail Easement, Public Utility Easement, Emergency Vehicle Access Easement, Sanitary Sewer Easement, and Water Line Easement, reserving the right to accept the offer at a future date.
4.05 Resolution 2016-015 authorizing appropriation of general funds in the amount of $130,500 in Fiscal Year 2016-2017; and authorizing execution of a five-year agreement with Califa, in an amount not to exceed $300,000, for the installation and maintenance of advanced network data services for the Livermore Public Library.
4.06 Resolution 2016-016 accepting the Fiscal Year 2014-2015 Single Audit Report and Memorandum on Internal Control and Required Communications.
4.07 Resolution 2016-017 approving the Altamont Settlement Agreement Education Advisory Boards Expenditure Plan for Fiscal Year 2016-2017 in the amount of $550,000.
4.08 Resolution 2016-018 clarifying actions taken by the City Council on January 25, 2016 pertaining to the Commission for the Arts Rules of Procedure.
5. PUBLIC HEARINGSPUBLIC HEARINGS
5.01 Hearing to consider an economic development subsidy to Architectural Glass and Aluminum Inc. for a High Wage Incentive Agreement pursuant to the City Economic Incentive Program.
Recommendation: Staff recommended the City Council adopt a resolution authorizing appropriation of general funds in the amount of $25,000 for Fiscal Year 2015-2016; and authorizing execution of a five year High Wage Incentive Agreement with Architectural Glass and Aluminum Co., Inc., in an amount not to exceed $125,000.
Community and Economic Development Director Stephan Kiefer presented the staff report.
VM Gary opened the public hearing.
There were no speakers and the hearing was closed.
ON THE MOTION OF CM TURNER, SECONDED BY CM SPEDOWFSKI AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2016-019 authorizing the appropriation of funds and execution of a high wage incentive agreement with Architectural Glass and Aluminum, Inc.
6. MATTERS FOR CONSIDERATIONMATTERS FOR CONSIDERATION
6.01 Resolution authorizing appropriation and expenditure of general funds in the amount of $100,000, for the purchase of automated license plate reader systems.
Recommendation: Staff recommended the City Council adopt the resolution.
Captain Jeramy Young presented the staff report.
VM Gary invited public comment.
Andrew Barker, Livermore, expressed concerns regarding the balance between privacy and security, suggesting the resolution be modified to require an annual report to the City Council and to prohibit profiling.
David McGuigan, Livermore, spoke regarding the retention period of data and expressed concerns regarding privacy issues.
Connie Kopps, Livermore, expressed agreement with the prior speakers regarding data collection. She suggested the City Council consider the potential for abuse and increase education for staff responsible for the data.
There were no more speakers.
In response to questions by CM Turner, Captain Young clarified that vehicle registration violations would not be tracked using the automated license plate reader (ALPR) systems. Police Chief Michael Harris said suspect vehicles were defined as those reported stolen or involved in another type of crime such as a felony investigation; misdemeanors and infractions would not be entered into the system.
In response to questions by CM Turner, Chief Harris said the one year retention period fell within policies developed by the Northern California Regional Intelligence Center and it would be helpful to retain the information for that length as an investigation tool. He said no more than five systems would be purchased at this time.
CM Spedowfski suggested clarifying the resolution to indicate that the systems would only be used for felony activities and not infractions or misdemeanors. He asked to receive a report after a years time to evaluate the success of the system.
Chief Harris said that while the Department could not control what other agencies put into the system, specific alert thresholds could be set to limit searches to specific criteria.
In response to questions by CM Woerner, Chief Harris said the technology had been available for at least a decade and he estimated that 75-80% of agencies used ALPR. He said the technology had been effective; while the opportunity existed, he was unaware of any misuse of the system.
In response to questions by VM Gary, Chief Harris said the Police Department presently used mobile readers; the new systems would be fixed readers located in very high volume areas, particularly where people entered Livermore to commit crimes. He said the cameras were a force multiplier that increased the efficiency of locating and identifying wanted or stolen vehicles.
VM Gary spoke regarding the importance of balancing between privacy and protection. He suggested the Council direct formation of a policy, to be brought back to the Council through an informational memorandum, and to include ALPR metrics and others in an annual update.
CM Woerner said the safeguards were sufficient and the benefits outweighed perceived risks; he said the City Council retained the authority to revoke the systems if necessary.
ON THE MOTION OF CM WOERNER, SECONDED BY CM SPEDOWFSKI AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL DIRECTED STAFF TO CLARIFY THE AUTOMATED LICENSE PLATE READER POLICIES AND PROVIDE ANNUAL REPORTING, AND ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2016-020 authorizing the appropriation and expenditure of general funds, in the amount of $100,000, for the purchase of automated license plate readers systems.
6.02 Discussion and direction regarding the 2016 Livermore State and Federal Legislative Platform.
Recommendation: Staff recommended the City Council adopt a resolution approving the 2016 Livermore State and Federal Legislative Platform.
Senior Management Analyst Donna Pontau presented the staff report. For clarification, she noted a change to the last item on page 182 regarding housing so the clause would read, For all economic segments of the population as long as they do not create an unfunded mandate or conflict with local land use authority and financial stability.
VM Gary invited public comment.
Anthony Rangel, Grow For Vets and Natures Remedy Collective, opposed the Citys state and legislative platform regarding medicinal marijuana. He spoke regarding his organizations efforts to support veterans and Tri-Valley patients.
There were no more speakers.
On behalf of Mayor Marchand, VM Gary requested page 181 be modified to reflect an active research position and not just idly monitoring; he also requested a comment be included on page 186 under the transportation policy regarding tracking railroad quiet zones and the funding to establish such zones in support of the FAST (Fixing Americas Surface Transportation) Act.
ON THE MOTION OF CM TURNER, SECONDED BY CM WOERNER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION AS AMENDED TO INCLUDE THE FOLLOWING AMENDMENTS:
HOUSING, PLANNING AND SUSTAINABILITY - ITEM (1), AMEND THE LANGUAGE TO READ AS FOLLOWS: SUPPORT HOUSING LEGISLATION THAT PROMOTES THE DEVELOPMENT AND ENHANCEMENT OF SAFE AND DECENT WORKFORCE, SUSTAINABLE, AND ACCESSIBLE HOUSING WITHIN THE CITY FOR ALL ECONOMIC SEGMENTS OF THE POPULATION AS LONG AS THEY DO NOT CREATE AN UNFUNDED MANDATE OR CONFLICT WITH LOCAL LAND USE AUTHORITY AND FINANCIAL STABILITY;
CITY LOCAL CONTROL - ITEM (3): MODIFY THE LANGUAGE TO REFLECT AN ACTIVE RESEARCH POSITION AND NOT JUST IDLY MONITORING; AND
TRANSPORTATION AND PARKING: INCLUDE AN ITEM TO SUPPORT IMPLEMENTATION OF THE FAST (FIXING AMERICAS SURFACE TRANSPORTATION) ACT.
Resolution 2016-021 supporting the adoption of the 2016 Livermore State and Federal Legislative Platform.
STAFF WILL RETURN TO THE CITY COUNCIL MEETING ON MARCH 14, 2016 WITH A RESOLUTION ATTACHING THE AMENDED LIVERMORE STATE AND LEGISLATIVE PLATFORM AS AN EXHIBIT TO THE RESOLUTION.
6.03 Discussion and direction regarding pending State or Federal legislation. None.
7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS 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.
Water Policy Roundtable CM Woerner said he attended the meeting where there was discussion regarding options for increasing reliability of water supply. He said feasibility of using treated water would be studied.
Altamont Regional Rail Working Group (ARRWG) CM Spedowfski said he attended the meeting on February 10, 2016. He said the group would discuss connecting BART to ACE, and accelerating and encouraging the building of BART to Isabel in Livermore. He said ARRWG would meet bi-monthly to develop goals and strategies.
Livermore Amador Valley Transit Authority (LAVTA) CM Spedowfski said on February 22, 2016, he attended the meeting where the Comprehensive Operations Analysis was discussed. He said there would be public hearings in the next few months regarding finalized bus routes.
Medicinal Marijuana The City Council requested clarification regarding current direction relating to medicinal marijuana. City Attorney Jason Alcala said staff was researching the States regulations and would return to the Council in April with information in regards to cultivation, manufacturing, distribution, testing, and what authorities would remain local. City Manager Marc Roberts clarified that staff would be ready for whatever direction the Council wished to pursue; following that, staff would prepare legislation and bring it back for review.
BART Design Meeting VM Gary said he attended staffs informational briefing.
Public Comment VM Gary suggested obtaining an outside legal counsel opinion regarding the remedy of removing standing placeholder items from the agenda.
In response to questions by the City Council, City Attorney Alcala said written responses had been provided to the public explaining the situation. He said the cost for outside counsel might range between five and ten thousand dollars and staff could explore whether the League of California Cities Brown Act Committee would be willing to consider the issue or see if there were any papers that already opined on the issue.
8. ADJOURNMENT ADJOURNMENT - at 8:22 pm to a special City Council meeting on February 29, 2016, at 7:00 pm, Council Chambers, 3575 Pacific Avenue; and to a regular City Council meeting on Monday, March 14, 2016, at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.
STEWART GARY, VICE MAYOR
SARAH BUNTING, DEPUTY CITY CLERK
SUSAN NEER, CITY CLERK