April 10, 2017

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CLOSED SESSION

CALL TO ORDER - The Closed Session of the City Council was called to order by Mayor John Marchand at 6:02 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

ROLL CALL - Present: Mayor John Marchand, Vice Mayor Steven Spedowfski, and Council Members Robert W. Carling, Bob Coomber, and Bob Woerner.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING CLOSED SESSION ITEMS.

ADJOURN TO CLOSED SESSION

1. Public Employee Performance Evaluation. To meet pursuant to Government Code section 54957 regarding the performance evaluation of the City Manager.

________________________________________________________________ REGULAR MEETING

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 Steven Spedowfski, and Council Members Robert W. Carling, Bob Coomber, and Bob Woerner.

1.02 PLEDGE OF ALLEGIANCE

1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala said there was no reportable action.

2.

PROCLAMATIONS AND PRESENTATIONS 2.01 Proclamation declaring April 2017 Community Service Recognition Month.

Mayor Marchand presented the proclamation to Maintenance and Golf Operations Manager Jeff Shafer.

2.02 Proclamation declaring April 2017 Donate Life Month.

Mayor Marchand presented the proclamation to Bob Moss.

3.

CITIZENS FORUM

Anne Coll, Livermore, spoke regarding the Rally for Love event in February and the Making My Way to the USA event scheduled for April 29, 2017.

Mary Pernet, Livermore, spoke regarding the March for Science on Earth Day, April 22, 2017.

Nancy Saltsman, Livermore, spoke regarding medical cannabis, increased sewer fees and the decisiveness in the city.

4.

CONSENT CALENDAR

Item 4.03 Jean King, Livermore, spoke regarding the Brown Act and how it applied to ad-hoc committees.

In response to questions by Mayor Marchand, City Attorney Jason Alcala provided a short review of the Brown Act compliancy specifically relating to the Downtown Steering Committee and said there would be a more comprehensive training at the first committee meeting on April 13, 2017.

Item 4.03 Jacob Schroder, spoke regarding the exemption of conflict of interest filing and residency requirements of the Downtown Steering Committee members. He said fifty percent of the members were non-tax paying residents and questioned trusting the outcome of the committee.

In response to questions by Mayor Marchand, Community Development Director Paul Spence said the groups self-selected the members to represent their group.

CM Woerner said the purpose of the committee was to recommend community outreach; the City Council would make the ultimate determination of what the community wanted.

Item 4.03 Jeff Kaskey, Livermore, suggested video recording the Downtown Steering Committee meetings.

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

4.01 Approval of minutes - March 22, 2017 special City Council meeting and City Council and Planning Commission Special Meeting Workshop; and March 27, 2017 special City Council meeting and regular City Council meeting.

4.02 Adoption of ordinance 2051 amending the Municipal Code to add Section 10.20.261 - City Owned Parking Lots or Structures.

4.03 Resolution 2017-041 confirming the formation of the Downtown Steering Committee, the appointment of its members, and establishing the Committee's duties and responsibilities.

4.04 Resolution 2017-042 of continued local emergency and finding a need to continue Emergency Task Order Number One and Two.

4.05 Ordinance introduced adding new Chapter 1.22 to the Livermore Municipal Code establishing a uniform appeals process for decisions made under the Livermore Municipal Code, and adopting modifications to the Livermore Municipal Code to repeal and/or modify duplicative or contradictory appeals provisions.

4.06 Resolution 2017-043 accepting for permanent maintenance and releasing of security for the Rehabilitate Runway 7R-25L, Project No. 2013-13.

5. PUBLIC HEARINGS - None.

6.

MATTERS FOR CONSIDERATION

6.01 Discussion and direction regarding BART to ACE update.

Recommendation: Staff recommended the City Council provide direction.

Assistant City Engineer Bob Vinn presented the staff report.

In response to questions by CM Woerner, City Attorney Jason Alcala confirmed that the City's General Plan Policy to advocate for BART did not preclude supporting the legislation, AB 758.

VM Spedowfski said by supporting the legislation the City would be meeting the General Plan policy by advocating with extreme prejudice by taking over the construction of BART. This discussion was mostly about local control. He cautioned about equivalent service because it was a pipe dream at best and meant nothing.

In response to questions by CM Carling, Mr. Vinn explained the differences were between the current version of AB 758 in process and the amendments that would be discussed at the next meeting of the Altamont Regional Rail Working Group (ARRWG). The outcome of the discussion would be sent to the bill's authors with the recommendation to amend the AB 758. He said BART would operate only BART technology and would not operate Diesel Multiple Units (DMU). He said the BART to Isabel environmental impact report, full BART, DMUs, EMUs and two bus alternatives were being looked at.

CM Coomber said he supported a less polluting transit system. CM Woerner said he supported an electric versus diesel system. In answer to his questions, Mr. Vinn said BART Director McPartland was the only advocate on the board for BART to Livermore.

In answer to questions by Mayor Marchand, Mr. Vinn said the ARRWG proposed membership on the Board was outlined in section 132655, page 97 in the packet. He said a funding stream from San Joaquin County had not been identified yet.

Mayor Marchand invited public comment. Robert S. Allen, Livermore, spoke in support of extending BART beyond a Greenville/580 station in the free median onto the former Southern Pacific roadbed under westbound 580.

Dan Leavitt, Manager of Regional Initiatives - San Joaquin Regional Rail Commission/Altamont Corridor Express/San Joaquin Joint Powers Authority, said the EIR would include many different options that included BART to Greenville, DMU or EMU technology and ACE to Isabel or Dublin/Pleasanton. He said no recommendations were being made at this time and the EIR would undergo public review and formal adoption proceedings.

John Stein, Livermore, said this bill created a new agenda and it would be better to expand the ACE purview. He questioned if the $400 million in sales tax revenue would be available for the options.

Andrew Lie, Livermore, said opening up another avenue of transportation would expose the City to more criminal activity. In response to question by Mayor Marchand, City Manager Marc Roberts said studies had concluded that criminal activity at BART stations generally reflected the neighborhoods where they were located. He said newer stations have better security but parking lots continued to be targeted. He added that BART makes for a very terrible getaway car.

Assemblywoman Catharine Baker, Cindy Chin read the Assemblywoman's statement in support of a local, dedicated agency to get the project done more efficiently and effectively than BART.

Asa Strout, Livermore, spoke in support of an electric plan and not the outdated technology. Michael Tree, spoke in support of the amendment. He said now was the time to take control of the project that had been floundering for over 40 years. He spoke in support of One Bay Area and not local control of the project.

Mayor Marchand said he had concerns over adding Stockton and Lathrop with no identified sources of funding. At this time, the funds to be transferred to the Authority only consisted of Alameda County money. He supported the membership as outlined in section 132655, page 97 of the packet.

VM Spedowfski said there had not been any discussion on spending Alameda County money in San Joaquin County. He said by-laws could clearly state voting and spending policies for each jurisdiction. He supported Stockton and Lathrop being represented on the Board.

CM Woerner reiterated that there was only one BART board member advocating for BART to Isabel. He said the legislation was a chance for service that was never going to come from BART. He said the City had no leverage whatsoever over the BART board.

BY CONSENSUS THE CITY COUNCIL AGREED TO SUPPORT LEGISLATION AB 758.

6.02 City Council 2017-2019 Norms and Values.

Recommendation: Staff recommended the City Council adopt a resolution approving the City Council 2017-2019 Norms and Values.

Assistant to the City Manager Christine Rodrigues presented the staff report.

Mayor Marchand requested Council Responsibility be amended to read "supports the policy".

ON THE MOTION OF VM SPEDOWFSKI, SECONDED BY CM COOMBER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION TO INCLUDE THE AMENDMENT TO THE NORMS AND VALUES:

Resolution 2017-044 approving the 2017-2019 Norms and Values.

6.03 City Council Rules and Procedures.

Recommendation: Staff recommends the City Council adopt a resolution establishing the following rules and procedures: City Council Meeting Rules of Procedure, Procedures for Teleconferenced Meetings, Preferred Method of Recording City Council Meetings.

City Attorney Jason Alcala presented the staff report.

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

Resolution 2017-045 establishing the following rules and procedures: City Council Meeting Rules of Procedure, Procedures for Teleconferenced Meetings, Preferred Method of Recording City Council Meetings.

7.

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

7.01 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members.

Livermore-Amador Valley Transit Authority (LAVTA) CM Coomber stated he attended the meeting where AB 758 was discussed.

Tri Valley Group Innovation Awards CM Carling said on March 29, 2017 he and Mayor Marchand attended the awards ceremony, where technology and innovative ideas were recognized.

Livermore Cultural Arts Council (LCAC) CM Woerner said he attended the monthly meeting where there was continued interest in the Cultural Arts Center.

Downtown Steering Committee CM Woerner stated that he and CM Carling brainstormed on possible topics for the Steering Committee meetings which include parking and traffic studies, hotel parameters, input from stakeholders, a finance subcommittee report, community outreach, and retail, housing and open space needs, followed by a report out at a future Council meeting to ensure the Committee is headed in the right direction.

Downtown Steering Finance Committee VM Spedowfski and CM Coomber met to discuss expectations of the Committee and the preliminary backgrounds on properties in the Downtown.

Livermore-Amador Valley Transit Authority (LAVTA) VM Spedowfski stated that he has attended several meetings and Board of Directors meetings. He reported that service alignments been adjusted to encourage additional ridership and efficiencies. The Go Dublin pilot program for partnership with Uber, Lyft and taxis was also discussed.

Tri Valley Transportation Finance Committee VM Spedowfski said he attended a Subcommittee meeting focused on banking rules and procedures.

Youth in Government Day Mayor Marchand said on March 29, 2017 he attended the program that promotes careers in local government.

Tri Valley Group Innovation Awards Mayor Marchand said he and his 'job shadow' from Youth in Government Day, attended the awards where two Livermore companies were recognized, Wiley X and Sandstone Diagnostics.

POC Medical Systems Mayor Marchand said on March 30, 2017 he attended a ribbon cutting at their new facility.

Livermore-Amador Valley Water Management Authority (LAVWMA) Mayor Marchand said he attended a special meeting where the Executive Director's report and the operations report were reviewed.

Alameda County Transportation Committee (ACTC) Mayor Marchand said on April 10, 2017 he attended the meeting where the I-580 ridership update was presented. At the Legislative Planning and Policy meeting, there was a discussion on SB1, the new transportation tax which included increased funding for local roads and transit in Livermore.

8.

ADJOURNMENT - at 9:12 pm to a regular City Council meeting on Monday, April 24, 2017 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

SUSAN NEER, CITY CLERK