May 9, 2016
1. CALL TO ORDER/PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:03 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.
1.01 ROLL CALL - Present: Mayor John Marchand and Council Members Steven Spedowfski and Laureen Turner. Vice Mayor Stu Gary and Council Member Woerner were absent/excused.
1.02 PLEDGE OF ALLEGIANCE
Boy Scout Troop 942 led the Pledge of Allegiance.
2. PROCLAMATIONS AND PRESENTATIONS
2.01 Proclamation declaring May 15 - May 21, 2016 as National Public Works Week.
Mayor Marchand presented a proclamation to Livermore Public Works Director Darren Greenwood declaring May 15 - May 21, 2016 as National Public Works Week.
2.02 Presentation of the Water Awareness Month Poster Contest Winners.
Mayor Marchand presented the awards to winners of the Water Awareness Month Poster Contest.
3. CITIZENS FORUM
Don Meeker, Tacoma, Washington, spoke regarding the City logo. He said this was his last Council meeting as he was moving to the state of Washington on Sunday.
Liz Roberts, Livermore Downtown Inc., expressed appreciation to the City for supporting the 25th Annual Livermore Downtown Wine Country Street Fest. She also spoke in support of Downtown housing.
Rachael Snedecor, Livermore Downtown, Inc., said her organization's office was moving to 154 South J Street. She spoke in support of the new parking structure, boutique hotel, and walkable community housing.
Anthony Rangel, Livermore, spoke regarding his support for and the benefits of medicinal cannabis.
Lynn Seppala, Livermore Cultural Arts Council, spoke in support of Measure J and the celebration of its 50th Anniversary.
Dave Wetmore, Little League Intermediate World Series, said the World Series would be held July 31st through August 7, 2016 in Livermore. He conducted the draw of teams for the international bracket and the United States bracket.
4. CONSENT CALENDAR
ON THE MOTION OF CM TURNER, SECONDED BY CM SPEDOWFSKI, AND CARRIED ON A 3-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
4.01 Approval of Minutes - April 25, 2016 City Council meeting.
4.02 Ordinance introduced amending Municipal Code Chapter 13.26, Water Conservation, and Chapter 13.27, Mandatory Drought Conservation Measures, to amend the number of days of allowable outdoor irrigation from two days per week to three days per week.
4.03 Resolution 2016-044 authorizing execution of the fourth amendment to the agreement with Robert Half International, Inc., extending term to December 31, 2017 and an additional amount of $60,000, not-to-exceed agreement total of $250,000, for ongoing Information Technology Help Desk Technician functions and services.
4.04 Resolution 2016-045 authorizing execution of a three-year agreement with Maze & Associates, in the amount of $361,293, for auditing services.
4.05 Resolution 2016-046 authorizing execution of an agreement with Lynx Technologies, in an amount not to exceed $350,000, for Geographic Information System implementation, enhancements, upgrades, development, and maintenance services.
5. PUBLIC HEARINGS
5.01 Hearing to determine the rates requested by Livermore Sanitation, Inc. to be effective July 1, 2016 comply with the approved rate methodology.
Recommendation: Staff recommended the City Council consider comments; determine and approve rates requested by Livermore Sanitation, Inc. set forth in Exhibit H attached to the proposed resolution for the rate period commencing July 1, 2016.
Staff recommended the City Council adopt a resolution authorizing and updating Exhibit H of the Amended and Restated Agreement to include Rate Year Seven Rate adjustments.
Public Works Manager Judy Erlandson presented the staff report.
Mayor Marchand opened the public hearing.
There were no speakers and the hearing was closed.
In response to questions by CM Turner, City Attorney Jason Alcala said the rates were set in the methodology in the current franchise agreement with Livermore Sanitation, Inc. He said the appropriate time to revisit the rate methodology would be when the franchise agreement was renegotiated. He said the question before Council was whether the rate increase being requested by Livermore Sanitation was consistent with methodology in the agreement.
In response to questions by Mayor Marchand, City Manager Marc Roberts said if the Council wished to have a rate setting role, there would have to be a Proposition 218 ballot measure. He said as long as the contractor was not accepting more money than allowed by the agreement, they were allowed to divide it up any way they wished.
Mayor Marchand said the rate methodology would be reviewed at a future date.
ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY CM TURNER AND CARRIED ON A 3-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2016-047 Authorizing and updating Exhibit H of the Amended and Restated Agreement with Livermore Sanitation, Inc. to include Rate Year Seven rate adjustments.
6. MATTERS FOR CONSIDERATION
6.01 Discussion and direction regarding the findings of the Homeless Survey Report.
Recommendation: Staff recommended the City Council provide direction.
Human Services Program Manager Jean Prasher presented the staff report.
CM Turner said people needed to be very mindful that the survey was unable to count everybody so the numbers were lower than what truly was on the street. She said the survey was able to provide demographics and identify types of services that were used, needed, and provided, and to help understand the problem better. She noted that during the survey, there were homeless in shelters and the true number of homeless was approximately 200. She said the survey helped to identify gaps in current services provided.
In response to questions by Mayor Marchand, Ms. Prasher said the survey did not include homeless that were staying with friends. The focus was on the unsheltered homeless.
Mayor Marchand invited public comment.
Don Meeker, Tacoma, Washington, spoke regarding respect for the homeless and the said survey was comprehensive.
Mayor Marchand clarified the survey was a result of the Mayor's Summit on Regional Homelessness as this was just not a problem in Livermore.
In response to questions by Mayor Marchand, Assistant Community and Economic Development Director Eric Uranga said services provided by other Alameda County cities included food programs, mental health services, and health care services.
In response to questions by CM Spedowfski, Ms. Prasher said the survey did not include the question of recidivism.
CM Spedowfski said he agreed with the direction moving forward and was hopeful the survey would assist in obtaining grant funding to provide more services. He said the solution seemed to be housing with services as a crucial step to getting people into permanent situations and successful transitions.
Mayor Marchand said the survey outlined the complexity of the issue and that it was beyond the scope of what the City could provide. He said the challenge was connecting people to the existing services that were already available.
THE CITY COUNCIL DIRECTED STAFF TO PROCEED WITH PRIORITIZING THE DIFFERENT POPULATION NEEDS, DETERMINING IF EXISTING PROGRAMS COULD BE RESTRUCTURED, OR WHETHER ADDITIONAL RESOURCES WERE NECESSARY TO ADDRESS CHALLENGES SPECIFIC TO LIVERMORE AND PROVIDE AN UPDATE TO THE COUNCIL IN JUNE 2016.
6.02 Presentation of the Alameda County Community Choice Aggregation Energy Program. Presented by Bruce Jensen, Alameda County Planning Department, and Alison Elliott, LEAN Energy U.S.
Recommendation: Staff recommended the City Council receive the presentation.
Bruce Jensen, Alameda County Planning Department, and Seth Baruch, LEAN Consultant; Principal, Carbonomics, presented the staff report.
In response to questions by Mayor Marchand, Mr. Baruch said PG&E still provided the delivery service regardless of the provider. He said all rate decisions would be made and approved by the Joint Powers Authority (JPA) board. He anticipated customers with rooftop solar would receive more benefit. He said there was no fee to opt-out within the first 60 days; after 60 days it would be up to the JPA board to establish an opt-out fee. For example, Marin's opt-out fee was $5.00 for a residential customer.
Mayor Marchand invited public comment.
Eloise Hamann, spoke in support of the Community Choice Aggregation Energy Program. She said renewable energy was the future.
CM Spedowfski said this program was a good example of regaining some local control. He said he would much rather have a board that reported to residents rather than to shareholders. He said this would allow the City to determine the disposition of the revenues.
In response to questions by Mayor Marchand, Mr. Baruch said if the rates were not as low and everyone decided to opt-out of the CCA, the CCA could wind-down and everyone would revert back to PG&E. He added that the CCA was required to post a bond that would pay for the cost for everyone to switch back to PG&E if that became necessary. He said if the CCA disappeared, the JPA would be responsible and not the partnering cities.
THE CITY COUNCIL RECEIVED THE REPORT.
6.03 Discussion and direction regarding participation in the Energy Council.
Recommendation: Staff recommended the City Council adopt a resolution requesting to become a member of the Energy Council and authorizing execution of the Joint Exercise of Powers Agreement for the Energy Council dated April 12, 2013, if the request to become a member is approved by the Board for the Energy Council.
Public Works Manager Judy Erlandson presented the staff report.
In response to questions by CM Spedowfski, Ms. Erlandson said staff commitment would be a two-hour meeting each month that could be attended via conference call; the Waste Management Authority Board Members were the same as the Energy Council Board Members.
Mayor Marchand clarified that the Energy Council was totally separate from the Community Choice Aggregation Energy Program.
CM Turner said the Energy Council had done a very good job in leveraging the region to obtain grant funding.
ON THE MOTION OF CM TURNER, SECONDED BY CM SPEDOWFSKI AND CARRIED ON A 3-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2016-048 requesting to become a member of the Energy Council and authorizing execution of the Joint Exercise of Powers Agreement for the Energy Council.
7. 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.
Fire Station #9 CM Spedowfski said on April 29, 2016 he attended the dedication ceremony for the new fire station.
Livermore Amador Valley Transit Authority (LAVTA) CM Spedowfski said on May 2, 2016 he attended the Comprehensive Operations Analysis Public Hearing held at the Bankhead Theater.
Altamont Regional Rail Working Group CM Spedowfski said on May 4, 2016 he attended the meeting.
Community Choice Energy CM Spedowfski said on May 4, 2016 he attended the meeting.
Advisory Bodies CM Spedowfski said on May 5, 2016 he served on the Council Subcommittee for Advisory Bodies to interview applicants for current vacancies.
Carnegie Bandstand CM Turner said on April 14, 2016 she attended the dedication ceremony.
League of California Cities (LOCC) CM Turner said on April 28, 2016 she attended the event at Campo Di Bocci.
Livermore Amador Valley Transit Authority (LAVTA) CM Turner said on May 2, 2016 she attended the Comprehensive Operations Analysis Public Hearing held at the Bankhead Theater. She said CM Spedowfski had suggested merging two lines to better serve the community.
Alameda County Transportation Commission (ACTC) Mayor Marchand said on April 28, 2016 he attended the meeting. He said reports were received from the advisory committees. He said there was an opening for a Livermore resident on the Paratransit Advisory and Planning Committee; interested parties should contact the City Clerk's Office.
Fire Station #9 Mayor Marchand said on April 29, 2016 he attended the dedication ceremony of the new fire station.
Rotary Mayor Marchand said on April 30, 2016 he spoke at a Rotary conference about partnerships built throughout the community.
Livermore Amador Valley Water Management Agency (LAVWMA) Mayor Marchand said he attended the special meeting on May 2, 2016 to award the contract for the replacement of defective cables.
Veterans Graduation Mayor Marchand said on May 3, 2016 he attended the first graduating class of veterans who had interned at Lawrence Livermore National Laboratory.
Altamont Regional Rail Working Group Mayor Marchand said on May 4, 2016 he attended the meeting.
Livermore Cultural Arts Council (LCAC) Mayor Marchand said on May 4, 2016 he attended the meeting.
Advisory Bodies Mayor Marchand said on May 5, 2016 he served on the Council Sub-Committee for Advisory Bodies to interview applicants for current vacancies.
Local Agency Formation Commission (LAFCO) Mayor Marchand said on May 6, 2016 he attended the board meeting.
Alameda County Transportation Commission (ACTC) Mayor Marchand said on May 9, 2016 he attended the I-580 Committee. He said there had been over 550,000 express lane and HOV trips made in the month of March with 211,000 westbound and 338,000 eastbound. He also attended the Planning, Policy and Legislation Committee, and said the number of carpoolers had declined by 4,000 between 2005 - 2014.
Mayor Marchand requested information regarding the loitering by the benches in the Downtown area.
Mayor Marchand announced there would be a change of location for the May 23, 2016 City Council meeting. The meeting would be held at the Shrine Event Center, 170 Lindbergh Avenue, Livermore.
8. ADJOURNMENT - at 8:50 pm to a budget workshop on May 16, 2016, at 7:00 pm, Council Chambers; and to a regular City Council meeting on Monday, May 23, 2016, at 7:00 pm, Shrine Event Center, 170 Lindbergh Avenue, Livermore.
John P. Marchand, Mayor
Susan Neer, City Clerk