FEBRUARY 23, 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 7:04 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 Administration of oath of office to Planning Commissioners.

City Clerk Susan Neer administered the oath of office to Planning Commissioners appointed at the special City Council meeting on February 19, 2015: Erik Bjorklund, Regina Bonanno, Bryan Fagundes, Loretta Kaskey, and Neal Pann. All terms will be effective March 1, 2015.

2.02 Poet Laureate Annual Update.

Poet Laureate Kevin Gunn presented the annual update.

3. CITIZENS FORUM

Fred Pecker, International Longshore Warehouse Union, Local 6, Secretary/Treasurer, spoke regarding the efforts and need to raise the work standard, pay, and benefits for recycling workers in Alameda County. He requested support from the City Council.

Pedro Sanchez, Eva Zepeda, Gustavo Nunez, speaking through a translator, described their working conditions as recycling workers in Alameda County.

Don Meeker, Livermore, spoke regarding the Citys garbage ordinance from May 1927.

Connie Kopps, Livermore, spoke regarding the Citys enterprise fund, Springtown Golf Course, and PG&E service at her home.

John Stein, Livermore, spoke regarding the unfunded maintenance costs for the Citys infrastructure, decorative walls and sidewalk maintenance, and quality of life. He said the residents should have the opportunity to comment and determine which assets were most important.

In response to questions by Mayor Marchand, City Manager Marc Roberts said the asset management plan would be presented in a series of meetings and hearings over the next eighteen months, during which the City Council would be able to set policies for each individual asset.

Mr. Roberts confirmed that there would be ample opportunity for the community to provide comments on the establishment of the asset management policy.

4. CONSENT CALENDAR

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

4.01 Approval of Minutes - February 9, 2015 regular City Council meeting.

4.02 Resolution 2015-019 approving the Altamont Settlement Agreement Education Advisory Boards Expenditure Plan for Fiscal Year 2015-2016 in the amount of $516,000.

5. PUBLIC HEARINGS

5.01 Hearing to consider formation of Community Facilities District No. 2015-1 (Brisa Maintenance) pursuant to the Mello-Roos Community Facilities Act of 1982.

Recommendation: Staff recommended the City Council:

a. Adopt a resolution of Formation of Community Facilities District (CFD 2015-1);

b. Adopt a resolution calling a special landowner election for CFD 2015-1;

c. Direct the City Clerk to conduct the landowner election;

d. Adopt a resolution declaring the results of the special landowner election and direct the recording of the Notice of Special Tax Lien; and

e. Introduce an ordinance Levying Special Taxes within the CFD.

Associate Civil Engineer Pamela Lung presented the staff report.

In response to questions by Mayor Marchand, Ms. Lung said a community facilities district (CFD) was different from a landscape maintenance district because the CFD included public infrastructure such as storm water treatment and detention facilities, trails, and walls and not just landscaping.

Mayor Marchand opened the public hearing.

John Stein, Livermore, spoke in opposition to the establishment of a Mello-Roos district because the district reduced the upfront cost to the developer and reduced the price of the units which lowered the property taxes collected. He said if there was a recession and the developer could not maintain the infrastructure, the burden would fall upon the property owners. He said the establishment of the Mello-Roos district should be delayed until a sufficient number of houses had been sold.

There were no more speakers and the hearing was closed.

In response to questions by CM Woerner, City Manager Marc Roberts said the amount of the annual assessment had little effect on the price of an individual home. He said the CFD would provide sufficient resources to actually maintain the infrastructure within the subdivision. The City was not taking on any obligations that it would not otherwise with a piece of public infrastructure; as soon as a piece of public infrastructure was accepted for maintenance by the public, the City would be responsible and could use the CFD to help maintain the infrastructure, once the infrastructure items had been completed to City specifications and were accepted for permanent maintenance. He said the CFD funds were available to maintain those specific improvements within the specific neighborhood; none of the funds would be used outside of the neighborhood. He said the homeowners would receive a benefit from having the items maintained properly. The City received a benefit because it had help maintaining those assets whereas in older portions of the City, maintaining a decorative wall or a piece of landscaping would come solely from the General Fund. He said in this case, it was a sharing of the responsibility.

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

Resolution 2015-020 of Formation of Community Facilities District No. 2015-1 (Brisa Maintenance).

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 2015-021 calling special landowner election Community Facilities District No. 2015-1 (Brisa Maintenance).

Mayor Marchand directed the City Clerk to open and tabulate the ballots.

City Clerk Susan Neer announced the results of the landowner election.

Number of ballots cast: 2
Total number of votes: 36
Number of yes votes: 36 ON THE MOTION OF CM WOERNER, SECONDED BY VM TURNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2015-022 declaring results of special landowner election and directing recording of notice of special tax lien Community Facilities District No. 2015-1 (Brisa Maintenance).

ON THE MOTION OF CM GARY, SECONDED BY CM SPEDOWFSKI AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCE:

Ordinance introduced levying special taxes within Community Facilities District No. 2015-1 (Brisa Maintenance).

5.02 Hearing to consider fees for services related to passport acceptance office services and civil marriage ceremonies.

Recommendation: Staff recommended the City Council adopt a resolution amending the Citys Master Fee Resolution to include the new fees.

City Clerk Susan Neer presented the staff report.

Mayor Marchand opened the public hearing. There were no speakers and the hearing was closed.

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

Resolution 2015-023 amending Resolution 2008-123 to include fees related to civil marriage ceremonies and passport acceptance services.

6. MATTERS FOR CONSIDERATION

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

6.02 Discussion and direction on Fiscal Year 2015-2016 Sanitary Sewer and Water rates.

Recommendation: Staff recommended the City Council receive information and provide direction to staff regarding the proposal for future adjustments to water rates and sewer service charges.

Acting Public Works Director Darren Greenwood presented the staff report.

In response to questions by VM Turner, Mr. Greenwood said sewer rates were set by type of residential unit such as single-family, multi-family, condominiums and by type of commercial business. Each business class has a different usage rate based on cubic feet. He said the next steps for a Proposition 218 rate increase would be 45-day noticing in March. Every water and sewer customer would receive mail notification of the proposed rate increase and the public hearing in May 2015. At that time, the rate increase would be presented to the Council for consideration. He said Proposition 218 did not allow low income discounts.

In response to questions by VM Turner regarding assistance for low income customers, City Attorney Jason Alcala said water and sewer rates would have to be repaid into the fund which would actually be subsidization.

In response to questions by CM Woerner, Mr. Greenwood said replacement numbers being used came from the asset management program which was a replacement cost and varied by type of asset. He said each year the model would be updated as actual numbers became available and adjustments could be made at that time. He said it was difficult to establish one flat number to smooth rates. He confirmed that if less water was sold, and because of the fixed cost component of the infrastructure, there needed to be a substantially larger rate to cover the cost.

In response to comments made by CM Woerner, City Manager Marc Roberts said the conservation rates were dramatically higher than the normal rates. He said the Citys conservation rates put the City in a very good place after last year. He said the established conservation rates allowed the City to recover all of the funds needed for operations.

In response to questions by CM Gary, Mr. Greenwood said the percentage increases for commercial sewer rates were roughly in the same ballpark as residential, but there would be some differences. He said the percentages changed a bit because Proposition 218 did not allow charging a customer class more than their demand on the system.

THE CITY COUNCIL DIRECTED STAFF TO PROCEED WITH THE WATER RATES AND SEWER SERVICE CHARGES ADJUSTMENTS.

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.

Livermore Amador Valley Transit Authority (LAVTA) CM Spedowfski said on February 23, 2015, he attended the Projects and Services Committee meeting. He said the Comprehensive Operation Analysis was one step closer to being implemented and LAVTA would be working with the Alameda County Transportation Commission on the parking study.

City Council Workshop CM Gary said he attended the Council Goals and Priorities Workshop on February 11, 2015.

CM Woerner did not have a report.

Livermore Downtown Inc. VM Turner said she attended the Board of Directors meeting. She said there was discussion on the hotel study and that the Downtown Association event would begin on February 25, 2015.

Medicinal Marijuana VM Turner said upon notification from the League of California Cities regarding AB266 on February 10, 2015, she wished to withdraw her February 9, 2015, request for a comprehensive report. Consensus from Council was received.

Advisory Body Term Limits VM Turner requested a report on the City policy regarding term limits for advisory body members. Consensus from Council was received.

The City Council requested the information be presented by memo.

Veterans Town Hall Meeting Mayor Marchand said on February 11, 2015, he attended the meeting.

Real Estate Forum Mayor Marchand said on February 12, 2015, he attended the forum.

Poverty Awareness Collaborative Mayor Marchand said on February 12, 2015, he attended the meeting.

Reception Mayor Marchand said on February 17, 2015, he attended the farewell reception for Public Works Director Dan McIntyre.

Fire Chief Mayor Marchand said on February 17, 2015, he attended the badge pinning ceremony for Livermore-Pleasanton Fire Chief Ruben Torres.

Lawrence Livermore National Lab (LLNL) Mayor Marchand said on February 18, 2015, he spoke at the Board of Governors Dinner.

Tri-Valley Rising Mayor Marchand said on February 19, 2015, he attended the forum on economic development and sufficient transportation infrastructure in the Tri-Valley.

Special Meeting Mayor Marchand said on February 19, 2015, there was a special meeting to interview and appoint individuals to the Planning Commission. The meeting was attended by all members of the Council.

Local Agency Formation Commission (LAFCo) Mayor Marchand said on February 20, 2015, he attended the Policy Committee meeting.

Chinese American Cooperation Council Mayor Marchand said on February 21, 2015, he attended the New Years Gala.

Harriet Cole Mayor Marchand said Harriet Cole had passed away. He said Ms. Cole had been a great friend to the City of Livermore. She served on the Planning Commission and was a great visionary with regards to the urban growth boundary, South Livermore Valley Area Plan, Friends of the Vineyard, and many more programs and projects that had provided the outstanding quality of life enjoyed by all in Livermore.

8. ADJOURNMENT - at 8:47 pm in honor and memory of Harriet Cole to a regular City Council meeting on Monday, March 9, 2015, at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:
JOHN P. MARCHAND, MAYOR

ATTEST:
SUSAN NEER, CITY CLERK