FEBRUARY 9, 2015

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REGULAR MEETING

1. CALL TO ORDER - 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, 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 Proclamation honoring Public Works Director Dan McIntyre.

Mayor Marchand presented a proclamation to departing employee Dan McIntyre.

3. CITIZENS FORUM

Derek Baker, Tree of Life, said there would be a ribbon cutting ceremony on March 4, 2015 at 3 pm.

John Stein, Livermore, said the acquisition of the Gillig manufacturing plant at the Oaks Business Park had met two of the City Councils goals and priorities.

Sue Steinberg, Livermore, praised the Livermore Police Department for protecting a vacant home from trespassing, vandalism and squatters. She submitted a copy of her letter to the City Clerk.

Scott Kenison, Livermore Valley Performing Arts Center Executive Director, provided an update on the Bankhead Theater and plans for its future. He submitted a copy of his remarks to the City Clerk.

Bree Klotter, Livermore, suggested the City build small, boutique hotels in the downtown.

Agustin Ramirez, International Longshoreman Warehouse Union, spoke regarding recycling and the need to improve the wages and benefits for the workers of Alameda County Sanitation.

Shelby Lucero, Sacramento, spoke regarding the benefits of medicinal cannabis and the need for a dispensary in Livermore.

Jacqueline McGowan, Livermore, spoke regarding the benefits of medicinal cannabis and the need for a dispensary in Livermore.

4. CONSENT CALENDAR

Item 4.05 In response to questions by VM Turner, Public Works Director Dan McIntyre said the new vehicles had similar fuel efficiency as the Crown Victorias.

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

4.01 Approval of Minutes - January 26, 2015 regular City Council meeting.

4.02 Resolution 2015-013 accepting for permanent maintenance and releasing of security for the 2014 Street Resurfacing Project, Project No. 2014-01.

4.03 Resolution 2015-014 accepting for permanent maintenance and releasing of security for the Galaxy Court Flood Protection and Trail Culvert Replacement, Project No. 2010-29.

4.04 Resolution 2015-015 accepting for permanent maintenance and releasing of security for the El Charro Specific Plan Infrastructure Project-Phase 2A, Project No. 2007-2044.

4.05 Resolution 2015-016 authorizing the purchase of six replacement patrol cars from Livermore Ford, in an amount not to exceed $192,558.

4.06 Resolution 2015-017 authorizing execution of the first amendment to the Fixed Base Operator Ground Lease Agreement with Five Rivers Aviation, LLC to extend the construction period rent through December 31, 2015.

5. PUBLIC HEARINGS - None.

6. MATTERS FOR CONSIDERATION

6.01 Discussion and direction regarding City Council appointments to Intergovernmental Agencies. None.

6.02 Selection of Planning Commission applicants to be interviewed.

Recommendation: Staff recommended the City Council review the applicants and select candidates to be interviewed.

THE CITY COUNCIL SELECTED THE FOLLOWING APPLICANTS TO BE INTERVIEWED: ERIK BJORKLUND, REGINA BONANNO, BRYAN FAGUNDES, ERIK GETS, LORETTA KASKEY, NEAL PANN, STEPHANIE REITTER BYOUS, CLAY WIDMAYER, AND WILLIAM ZAGOTTA.

6.03 Discussion and direction on a Public Infrastructure Asset Management Program.

Recommendation: Staff recommended the City Council direct staff to further develop various policy options on infrastructure service levels, funding options and/or outreach methods for consideration by Council in 2015 and 2016, and adopt a resolution re-appropriating $100,000 in General Funds from the Decorative Wall Replacement, Project No. 2006-54, to the Asset Management Plan, Project No. 2016-12.

City Manager Marc Roberts presented the staff report.

CM Woerner said he supported the development of a public infrastructure asset management program. He questioned what criteria would be used to establish the prioritization of the assets.

CM Gary said he supported the comments made by CM Woerner. He suggested staff prepare some cost benefit strategies to help determine the realistic maintenance of existing services. He suggested the development of a matrix that showed trade-offs and cost benefits of the Citys assets. He said the City needed to get a cost benefit analysis done.

CM Spedowfski said the City Councils Goal Setting workshop would be key to prioritizing. He said new revenue needed to be generated to help pay for some of the infrastructure. He expressed reservations about any asset that was dependent upon the general fund or a voter approved process to generate revenue. He suggested there be a technology review to take advantage of latest methods and products.

In response to questions by Mayor Marchand, City Engineer Cheri Sheets corrected the statement in the staff report to read 306 miles of center-line roads and 610 miles of sidewalks.

ON THE MOTION OF CM WOERNER, SECONDED BY CM SPEDOWFSKI AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL DIRECTED STAFF TO MOVE FORWARD WITH THE DEVELOPMENT OF A PUBLIC INFRASTUCTURE ASSET MANAGEMENT PROGRAM AND ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2015-018 authorizing re-appropriation of Fiscal Year 2014-2015 General Funds, in the amount of $100,000, from the Decorative Wall Replacement, Project No. 2006-54, to the Public Infrastructure Asset Management Program, Project No. 2016-12.

6.04 Discussion and direction regarding Enterprise Funded Infrastructure Rehabilitation and Asset Management.

Recommendation: Staff recommended the City Council direct staff to continue implementing on-going asset management efforts for the Water, Wastewater and Airport Enterprises; direct staff to develop information on the general number and condition of assets in the Golf Course Enterprise and prepare preliminary estimates of the level of additional funding needed to maintain Golf Course Assets at their current level; and direct staff to develop and propose Airport Fees, Water Rates and Sewer Service Charges capable of supporting the required level of funding to rehabilitate and replace infrastructure as necessary to continue to meet the required levels of service.

Assistant Public Works Director Darren Greenwood presented the staff report.

City Manager Marc Roberts said aging infrastructure was a systemic problem nationwide. He said the Citys infrastructure was not in a uniquely bad state of repair but proactive addressing of asset management in both enterprise and non-enterprise areas would help decision making in the future somewhat easier.

CM Woerner said a cost benefit analysis would be beneficial. He said because of the long time frames, the analysis needed to clearly reflect how inflation affected the numbers and to make sure nothing would be in the red.

CM Gary said in future reports there needed to be more information on the wave of growth at installation. He said the annual rate structure needed to include a very transparent public calculation as part of the rates residents pay for their share of the use of infrastructure. He said it needed to be clear on what would be the total tax burden on the homeowner.

Mayor Marchand said connection fees paid for new growth but the water rates needed to include the cost for renewal and replacement. He said the current users of the enterprises needed to pay into the infrastructure for their use, wear and tear, and future replacement.

The City Council directed staff to proceed with the recommendations as outlined.

6.05 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.

Recycling Workers Industry CM Gary requested a memo from staff providing background information on the Citys relationship to the recycling workers industry.

In response to questions by CM Spedowfski, City Manager Marc Roberts said the City did not have a direct relationship with the California Product Stewardship Council.

Livermore-Amador Valley Transit Authority (LAVTA) CM Woerner said on January 27, 2015 he attended the meeting where the following topics were discussed: Clipper card implementation scheduled for fall 2015; supporting bus stop maintenance with advertising revenue, and potential partnerships with corporate bus systems.

Water Policy Working Group CM Woerner said he attended the meeting and there was discussion on the reliability of water supply. He reported there was general agreement that a more diverse supply of water was needed.

Les Misérables VM Turner said on January 25, 2015, she attended the performance at the Bankhead Theater.

Livermore-Amador Valley Transit Authority (LAVTA) VM Turner said on January 27, 2015, she attended the Finance Committee meeting with CM Woerner.

Relay for Life VM Turner said on January 28, 2015, she attended the kickoff session for the Relay for Life event to be held June 27-28, 2015.

League of California Cities VM Turner said on January 29, 2015, she attended the League of California Cities dinner meeting where local legislators presented their legislative platforms and priorities.

League of California Cities CM Spedowfski said on January 29, 2015, he attended the League of California Cities dinner meeting with VM Turner.

Report on Medicinal Cannabis VM Turner requested a more balanced report on the potential benefits to the community, including the number of cannabis patients in Livermore and the number of suppliers. She shared examples of individuals who benefitted from the medical use of cannabis and spoke regarding promising cannabis research, the potential for a measure on the 2016 ballot, and generation of revenue.

Mayor Marchand spoke regarding medical marijuana delivery services in the area and said user demographics represented partiers. He said marijuana should be dispensed through pharmacies as a prescription and expressed concerns regarding balancing between medical benefits and illicit activities.

CM Gary suggested a factual report coming back to the Council on a general-law, suburban citys ability to make changes to the ordinance.

CM Woerner said he was in favor of having information and there needed to be a new, deliberative look at the issue. He said he would support VM Turners request for an informational report. He said he did not want a debate on the benefit of medical marijuana.

CM Spedowfski suggested the report include scenarios on possible outcomes to the City should a ballot measure to legalize marijuana pass in 2016.

City Manager Marc Roberts said staff would provide a report on the regulatory options available for land use authority, regulating, inspecting, taxing, controlling and other issues related to dispensaries. He said the report would contain information provided by third-parties and neighboring cities that do allow dispensaries. He said staff would begin work on this report soon; he noted however, the complexity and a dramatic scale process for the request that the report would not be completed until after the current court matter was settled in late May or June 2015.

Alameda County Transportation Commission (ACTC) Mayor Marchand said on January 29, 2015 he attended the meeting.

Bret Napp Tribute Mayor Marchand said on February 3, 2015 he spoke at the tribute for Bret Napp, who was the acting director for Lawrence Livermore National Laboratory. He passed away in November 2014.

The Oaks Business Park Mayor Marchand said on February 4, 2015 he attended the groundbreaking ceremony.

Altamont Regional Traffic Authority Joint Powers Authority Mayor Marchand said on February 4, 2015 he attended the meeting. There was a discussion on a new Tracy housing development, the traffic impact fee and the questionable percentage of commuters projected.

Livermore Cultural Arts Council (LCAC) Mayor Marchand said on February 4, 2015 he attended the meeting.

Water Roundtable Mayor Marchand said on February 5, 2015 he attended the meeting. There was a discussion on the possible use of other water suppliers.

Civil Marriage Ceremony Mayor Marchand said on February 6, 2015 he performed the Citys first civil marriage ceremony.

Alameda County Transportation Commission (ACTC) Mayor Marchand said on February 9, 2015 he attended the I-580 Express Lane Committee and the Planning, Policy and Legislation Committee meetings. There was also a debriefing of the Mayors and City Managers recent trip to Washington, D.C.

Axis Community Health VM Turner invited all to the February 14, 2015 Bella Rosa Ball at Garre Winery. She said this was a fund raising event for Axis Community Health.

Encore Players Mayor Marchand said there would be a production of Love Letters at the Bothwell Theater.

8. ADJOURNMENT - at 9:15 pm to a special City Council workshop on Wednesday, February 11, 2015, Ravenswood Historical Site, 2647 Arroyo Road, at 1:00 pm; and the regular City Council meeting on Monday, February 23, 2015 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:
JOHN P. MARCHAND, MAYOR

ATTEST:
SUSAN NEER, CITY CLERK