May 11, 2015
CITY COUNCIL MINUTES
MAY 11, 2015
1. CALL TO ORDER/PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:12 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.
1.01 ROLL CALL - Present: Mayor John Marchand, Vice Mayor Laureen Turner, and Council Members Stewart Gary, Steven Spedowfski, and Bob Woerner.
1.02 PLEDGE OF ALLEGIANCE
2. PROCLAMATIONS AND PRESENTATIONS
2.01 Presentation of Water Awareness Month Poster Contest winners.
Mayor Marchand presented the awards to winners of the Water Awareness Month Poster Contest.
2.02 Presentation of Excellence in Water Research Awards.
Mayor Marchand presented the awards to winners of the Excellence in Water Research program.
2.03 Proclamations commending Livermore Police Department and Livermore Pleasanton Fire Department for heroic efforts on April 17, 2015.
Mayor Marchand presented the proclamation to members of the Livermore Police Department and Livermore-Pleasanton Fire Department commending the heroic efforts which took place on April 17, 2015.
2.04 Proclamation declaring May 11 - 15, 2015 Business Week.
Mayor Marchand presented the proclamation to Dale Kaye, Livermore Valley Chamber of Commerce, declaring May 11 - 15, 2015 Business Week.
2.05 Proclamation honoring the 150th Anniversary of the Salvation Army.
Mayor Marchand presented the proclamation to Lieutenant John Kelly, Salvation Army Corps, honoring the 150th Anniversary of the Salvation Army.
2.06 Proclamation declaring June 2015 Safety Awareness Month.
Mayor Marchand presented the proclamation to Janet Hamilton, Risk Manager for the City of Livermore.
2.07 Historic Preservation Commission Annual Update.
Historic Preservation Commission Chairperson Suzanne McCann presented the annual update.
2.08 Administration of Oath of Office.
Appointment of Barbara Hickman
Appointment of Jean Schwartz
Reappointment of Tyler Olson
Reappointment of Eric Gets
Commission for the Arts
Appointment of Angela Johal
Appointment of Monya Lane
Human Services Commission
Appointment of Jennifer Porter
Appointment of Kymberi Grisham
Library Board of Trustees
Reappointment of Matthew Berry
Livermore Area Youth Advisory Commission - Youth Members
Appointment of Malvika Singhal
Appointment of Meenakshi Singhal
Livermore Area Youth Advisory Commission - Adult Member
Appointment of Tambra Mola
ON THE MOTION OF CM GARY, SECONDED BY VM TURNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS.
City Clerk Susan Neer administered the oath of office to new members.
3. CITIZENS FORUM
John Stein, Livermore, spoke regarding local and regional water supplies and the ongoing drought.
Connie Kopps, Livermore, read excerpts from a historical brochure regarding the Springtown housing development.
Don Meeker, Livermore, spoke regarding legends surrounding Joaquin Murrieta and related local landmarks.
Tim Eandi, Livermore, spoke regarding the automobile accident that occurred on May 2, 2015.
4. CONSENT CALENDAR
ITEM 4.08 WAS REMOVED FROM THE AGENDA.
ON THE MOTION OF VM TURNER, SECONDED BY CM WOERNER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR, WITH THE EXCEPTION OF ITEM 4.08.
Item 4.03 Connie Kopps, Livermore, asked how staff tracked the use of on-call engineering services.
In response to questions by Mayor Marchand, Community and Economic Development Director Stephan Kiefer confirmed that the contracts were being extended for an additional year. He stated the contractors would provide engineering services and would be paid on an hourly basis, and said their time was tracked by staff. He said the City recorded maps as part of the tentative and final map processes.
Item 4.10 John Stein, Livermore, spoke in support of the item. He said the City should designate privately-owned, protected open space within city limits as suitable for greening grants. He spoke regarding negotiations with the County to expand the Citys sphere of influence.
4.01 Approval of Minutes - April 27, 2015 regular City Council meeting.
4.02 Adoption of Ordinance 2023 amending Municipal Code Chapter 16.12, Flood Control Regulations, to clarify elevation requirements for building and to add a new requirement to submit elevation certificates for all building in or near the floodplain.
4.03 Resolution 2015-047, 2015-048, and 2015-049 authorizing amendments to existing contracts for on-call development plan check and engineering review services to extend the terms by one year and increase the not to exceed amounts as follows: Interwest Consulting Group - $146,000; SNG Associates, Inc. - $245,000; and Gils Consulting - $229,000.
4.04 Resolution 2015-050 authorizing execution of an agreement with Page & Turnbull, in the amount of $362,000, for design work on the relocation and rehabilitation of the Railroad Depot, Project No. 580001.
4.05 Resolution 2015-051 authorizing re-appropriation of $250,000 in General Funds from the Public Works landscape operations budget to the Centralized Irrigation System Project, and authorizing execution of an agreement with POMS Landscaping, Inc., in the amount of $173,250, for construction of the Centralized Irrigation System, Project No. 1994-73.
4.06 Resolution 2015-052 accepting California Water Service Companys Emergency Response and Disaster Preparedness Plan as compliant with Assembly Bill 1650.
4.07 Resolution 2015-053 accepting for permanent maintenance and releasing of security for the Battery Back-up System and Miscellaneous Traffic Improvements at various locations, Project No. 2012-22.
4.08 Resolution authorizing execution of the Subdivision Improvement Agreement, approving Tract 8146 Final Map, and accepting Tract Map 8146, Brighton Phase 2. Rejecting Public Utility Easement, Emergency Vehicle Access Easement, Storm Drain Easement, and Public Access Easement, reserving the right to accept the offer at a future date.
ITEM 4.08 WAS REMOVED FROM THE AGENDA.
4.09 Resolution 2015-054 authorizing application for Transportation Development Article 3 grant funding to create the Livermore Bicycle, Pedestrian, and Trails Active Transportation Plan, Project No. 2010-24, and approval of the appointment process for a citizens advisory committee.
4.10 Resolution 2015-055 authorizing application to the Association of Bay Area Governments to designate areas within the Citys sphere of influence as priority conservation areas for urban greening and regional recreation.
4.11 Resolution 2015-056 authorizing execution of a quitclaim deed re-granting abutters rights at the new driveway location on West Jack London Boulevard for the Gillig project.
4.12 Resolution 2015-057 approving the reappointment of Kevin Gunn as the Citys Poet Laureate for an additional two-year term.
4.13 Resolution 2015-058 authorizing execution of a Second Amendment to Fixed Base Operator Ground Lease Agreement with Five Rivers Aviation, LLC and Consent to Sublease.
5. PUBLIC HEARINGS
5.01 Hearing to adjust rates charged by Livermore Sanitation, Inc. for solid waste and recycling collection services effective July 1, 2015.
Recommendation: Staff recommended the item be continued to the June 8, 2015, City Council meeting.
ITEM 5.01 WAS CONTINUED TO THE JUNE 8, 2015, CITY COUNCIL MEETING.
5.02 Hearing to consider adjustments to the sewer service and use charges for the Sanitary Sewer Enterprise Fund, effective July 1, 2015; and introduction of an ordinance amending residential, commercial, and institutional sewer service charges.
Recommendation: Staff recommended the City Council conduct the hearing; determine that a majority protest to increase the Sewer Service Charges does not exist at the conclusion of the public hearing; and introduce an ordinance amending the Sewer Service Charges effective July 1, 2015.
Public Works Director Darren Greenwood presented the staff report.
Mayor Marchand opened the public hearing.
Connie Kopps, Livermore, expressed concerns regarding the impacts of the proposed increases on people with fixed incomes.
Joseph Mason, Livermore, said the proposed sewer rate increase, along with upcoming garbage and water increases, would be difficult for people who were on fixed incomes like himself.
There were no more speakers and the hearing was closed.
CM Woerner said he wanted to know the quantitative factors that generated the rate increase, including how much above inflation was desired, consideration of steady rate increases each year and above inflation by what amount, fund balances and why, and a plan for major expenses incurred for large items needing replacement. He suggested adopting rates for two years and taking a long-term view, saying there was a potentially major deferred maintenance problem and he wanted to see a simple analysis.
In response to questions by VM Turner, Mr. Greenwood said Proposition 218 did not allow rate flexibility for low- or fixed-income individuals.
CM Gary said a long-range asset replacement plan was needed along with target points for annual funding levels supplemented by bond debt to balance between incremental pay replacement and bonded asset jumps. He said there should always be funding for disaster replacement such as geologic or pipe manufacturer problems. He expressed sympathy regarding the overall set of rate increases coming and said the actual dollars involved were not as scary as the percents. He suggested matching the rate increases to the Councils two-year budget cycles in even-year increments and developing an asset management plan.
CM Woerner spoke regarding asset maintenance and said more refinement was needed to smooth the spending, consideration of funding, and match the rate increases to that funding while cognizant of not only the percentages but also the dollar amount. He said that while two years was a good thing, it was prudent to run the model for ten or twenty years.
In response to questions by CM Spedowfski, Mr. Greenwood said the Council would have the opportunity to consider the rates each year even if the full five years were adopted.
Mayor Marchand said that including utility capital costs in the sewer rates was critical.
VM Turner said projections needed to be far enough out to be caught up while being mindful for those on fixed incomes.
ON THE MOTION OF CM WOERNER, SECONDED BY CM SPEDOWFSKI AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCE WITH THE DIRECTION TO BRING SEWER RATES BACK IN TWO YEARS ALONG WITH AN ASSET MANAGEMENT PLAN AND QUANTITATIVE PICKS TO THE POLICY QUESTIONS:
Ordinance introduced amending residential, commercial, and institutional user charges (Chapter 13.36 -- Sewer Service and Use Charges).
5.03 Hearing to consider adjustments to water rates and meter service charges effective July 1, 2015, and authorizing a pass through of wholesale water costs.
Recommendation: Staff recommended the City Council remove the item from the agenda.
THE ITEM WAS REMOVED FROM THE AGENDA.
6. MATTERS FOR CONSIDERATION
6.01 Discussion and direction regarding City Council appointments to Intergovernmental Agencies. None.
6.02 Discussion and direction regarding the issuance and sale of City of Livermore Community Facilities District No. 99-1 Special Tax Refunding Bonds, Series 2015; approving as to substantial form and authorizing execution of all related documents and actions. (Tri-Valley Technology Park)
Recommendation: Staff recommended the City Council adopt a resolution approving the issuance and sale of the bonds; approving as to substantial form and authorizing execution of all related documents and actions related hereto.
Administrative Services Director Douglas Alessio presented the staff report.
In response to questions by Mayor Marchand, Mr. Alessio clarified that the reference on page A-5 of Appendix A referred to East Bay Municipal Unified Districts water transmission funds, not Alameda County Transit or transportation.
ON THE MOTION OF VM TURNER, SECONDED BY CM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2015-059 authorizing the issuance and sale of Special Tax Refunding Bonds, and approving and authorizing related documents and actions.
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 COUNCILMEMBERS
7.01 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members.
Wheels CM Spedowfski said on May 4, 2015, he attended the Board of Directors meeting. He said the budget was reviewed.
CM Gary did not have a report.
CM Woerner did not have a report.
Building Moratorium CM Woerner requested an update regarding the various positions the City could take with regard to the drought, water conservation, and a building moratorium. City Manager Marc Roberts recommended the City Council continue to participate in the Water Policy Roundtable meetings. He said the purpose of the group was to achieve a regional position with regards to new water sources and changes to the infrastructure with use of recycled water. He said staff would provide a briefing to the Council after the next few roundtable meetings.
Wheels VM Turner said she attended the Board of Directors meeting on April 28, 2015. She said there was a preliminary budget discussion.
Civic Appreciation Dinner VM Turner said on May 7, 2015, she attended the annual dinner.
State Water Policy Mayor Marchand said he, along with fifteen other mayors, met with Governor Brown in Sacramento regarding water policy on April 28, 2015.
Advisory Body Interviews Mayor Marchand said on April 30, 2015, the City Council Subcommittee for Advisory Bodies interviewed the applicants whose appointments had been confirmed by the City Council earlier in tonights meeting.
Livermore Cultural Arts Council (LCAC) Mayor Marchand said on May 6, 2015, he attended the meeting. He said there was discussion and coordination on the calendaring and coordinating of arts groups.
Civic Appreciation Dinner Mayor Marchand said he attended the dinner on May 7, 2015.
Innovation Tri-Valley Mayor Marchand said on May 8, 2015, he attended the meeting.
Alameda County Transportation Commission (ACTC) Mayor Marchand said on May 11, 2015, he attended the meeting. He said there was an update on the I-580 Express Lane project. He said he also attended the Planning, Policy and Legislative Committee.
Commission for the Arts Mayor Marchand requested and received consensus from the Council for a report on the mission, charge, and focus of the Commission. He said there seemed to be concerns regarding a conflict between grants and programs.
8. ADJOURNMENT - at 9:16 pm to a Special City Council meeting on May 18, 2015 at 7:00 pm, to a Special City Council Budget Workshop on June 1, 2015, 7:00 pm, and a regular City Council meeting on June 8, 2015 at 7:00 pm. All meetings will be held at Council Chambers, 3575 Pacific Avenue, Livermore.
JOHN P. MARCHAND, MAYOR
SUSAN NEER, CITY CLERK
SARAH BUNTING, ADMIN TECHNICIAN