November 28, 2016

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REGULAR MEETING 1.

CALL TO ORDER / PLEDGE OF ALLEGIANCE - The meeting of the City Council was called to order by Mayor John Marchand at 7:04 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

1.01 ROLL CALL - Present: Mayor John Marchand, Vice Mayor Stewart Gary, and Council Members Steven Spedowfski, and Bob Woerner. Council Member Laureen Turner was absent/excused.

1.02 PLEDGE OF ALLEGIANCE

1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala said the City Council gave direction to initiate an action. Pursuant to Government Code section 54957.1(a)(2), if the action is formally commenced, the City Attorney is authorized at that time, upon request, to disclose the action, defendants, and other particulars.

2.

PROCLAMATIONS AND PRESENTATIONS

2.01 Human Services Commission Annual Update.

ITEM 2.01 WAS RESCHEDULED TO A DATE TO BE DETERMINED.

3.

CITIZENS FORUM

Bruce Anderson, Livermore, expressed concerns regarding traffic violations in Livermore and requested increased traffic enforcement.

Lori Souza, Las Positas College Foundation Board of Directors, spoke regarding the National Day of Giving and the importance of giving back to the community.

Clark Streeter, Livermore, expressed appreciation for the work and accomplishments of Vice Mayor Gary and Council Member Turner on the City Council.

4.

CONSENT CALENDAR

ON THE MOTION OF VM GARY, SECONDED BY CM WOERNER, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

4.01 Approval of Minutes - November 14, 2016 regular City Council meeting.

4.02 Adoption of Ordinance 2044 amending Municipal Code Title 15, Building and Construction, to repeal old codes and adopt the new 2016 editions of the California Building, Electrical, Mechanical, Plumbing, Residential and Green Building Standards Codes, the 2015 edition of the International Property Maintenance Code, the 2016 California Fire Code and adopt minor administrative corrections within the Building, Fire, Residential codes that will help clarify the intent of pertinent sections. The effective date of the ordinance will be January 1, 2017.

4.03 Omnibus ordinance introduced adopting modifications to the Livermore Municipal Code to update references; strike outdated terms; add additional references; clarify existing provisions; and to make additional technical or non-substantive corrections.

4.04 Resolution 2016-155 ratifying an amendment to the purchase and sale agreement with Technology Drive, LLC to extend financial contingency and closing date; and authorizing execution of necessary amendments and documents to complete the sale.

4.05 Resolution 2016-156 approving revised appropriations in Fiscal Year 2016-2017 for the 2015-2017 Capital Improvement Program in the total amount of $80,707,831.

4.06 Resolution 2016-157 supporting a rail connection between the Bay Area Rapid Transit District and Altamont Corridor Express in the Tri-Valley.

4.07 Resolution 2016-158 authorizing execution of an agreement with Terracare Associates LLC, in an amount not to exceed $300,000, for landscape maintenance services at the El Charro Community Facilities District.

4.08 Resolution 2016-159 authorizing execution of an agreement with HQ Construction and Maintenance Company, in an amount not to exceed $600,000, for general facilities maintenance services.

4.09 Resolution 2016-160 appropriating $108,086 from the Information Technology internal service fund; and authorizing payment in an amount not to exceed $108,086, to Software One, Inc., for the true-up of the City's Microsoft Software Licensing Enterprise Agreement.

4.10 Resolution 2016-161 authorizing execution of a commercial office lease agreement with Robert A. Tucknott and Associates, Inc. for office space at the Livermore Municipal Airport. (186 Airway Blvd.)

4.11 Resolution 2016-162 appropriating $150,000 of City Housing Trust Funds; and allocation of $54,000 of Community Development Block Grant Funds (CDBG) and $110,000 of Cal HOME Reuse Funds to the City's Housing Rehabilitation Program for a total allocation of $314,000 in Fiscal Year 2016-2017 and the execution of a one-year agreement with Habitat for Humanity East Bay/Silicon Valley to serve as the Housing Rehabilitation Program Administrator.

4.12 Resolution 2016-163 adopting the City of Livermore Salary Plan as of September 5, 2016, November 14, 2016, and November 28, 2016 in accordance with California Code of Regulations, Title 2, Section 570.5

5.

PUBLIC HEARINGS

5.01 Hearing to establish Community Facilities District 2016-2 (Shea Properties); hearing of necessity to incur bonded indebtedness; and all related actions pursuant to the Mello-Roos Community Facilities Act of 1982 of the California Government Code.

Recommendation: Staff recommended the City Council:

a. Adopt a resolution of formation of Community Facilities District (CFD) 2016-2 (Shea Properties);

b. Adopt a resolution determining necessity to incur bonded and other indebtedness;

c. Adopt a resolution calling for a special election;

d. Adopt a resolution declaring results of the special election and directing the recording of notice of special tax lien;

e. Introduce an ordinance levying special taxes within CFD 2016-2; and

f. Adopt a resolution authorizing the issuance and sale of special tax refunding bonds, and approving and authorizing related documents and actions.

Administrative Services Director Douglas Alessio presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

ON THE MOTION OF VM GARY, SECONDED BY CM WOERNER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:

Resolution 2016-164 of formation of Community Facilities District No. 2016-2 (Shea Properties).

Resolution 2016-165 determining necessity to incur bonded and other indebtedness. Community Facilities District No. 2016-2 (Shea Properties).

Resolution 2016-166 calling special election. Community Facilities District No. 2016-2 (Shea Properties).

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

City Clerk Susan Neer announced the results of the election.

Ballots cast: 41

# of YES votes: 41

# of NO votes: 0

ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY VM GARY AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2016-167 declaring results of special election and directing recording of notice of special tax lien. Community Facilities District 2016-2 (Shea Properties).

ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY CM WOERNER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCE:

Ordinance introduced levying special taxes within City of Livermore Community Facilities District No. 2016-2 (Shea Properties).

ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY CM WOERNER AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2016-168 authorizing the issuance and sale of special tax refunding bonds, and approving and authorizing related documents and actions. Community Facilities District No. 2016-2 (Shea Properties), Special Tax Refunding Bonds, Series 2016.

5.02 Hearing to consider the formation of Assessment District No. 2016-2 (Pleasant View Annexation).

Recommendation: Staff recommended the City Council, pursuant to the Municipal Improvement Act of 1913:

1. Conduct the public hearing and consider written and oral protests, tabulate the ballots, and announce the results;

2. Adopt a resolution adopting the Engineer's Report, confirming the assessment, and ordering the Work and Acquisitions, and directing actions with respect thereto; and

3. Adopt a resolution authorizing issuance of Limited Obligation Improvement Bonds and directing related actions.

City Engineer Cheri Sheets presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

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

City Clerk Susan Neer announced the results of the election. She said there was no majority protest.

% of YES votes: 50.53% in favor

% of NO votes: 49.47% in opposition

ON THE MOTION OF CM WOERNER, SECONDED BY VM GARY AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION

Resolution 2016-169 adopting Engineer's Report, confirming the assessment and order the work and acquisitions, and directing actions with respect thereto. Assessment District No. 2016-2 (Pleasant View Annexation).

ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY VM GARY AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2016-170 authorizing issuance of limited obligation improvement bonds and direction related actions. Assessment District No. 2016-2 (Pleasant View Annexation).

City Attorney Jason Alcala said the formation of the district and its assessment were eligible for validation by the court to confirm that both were validly formed; the City Attorney's Office would pursue such validation.

6.

MATTERS FOR CONSIDERATION

6.01 Financial Update Informational Report. A verbal report will be given.

Resolution accepting Comprehensive Annual Financial Report for Fiscal Year 2015-2016 and other annual reports for the year ended June 30, 2016.

Recommendation: Staff recommended the City Council receive the report and adopt the resolution.

Administrative Services Director Douglas Alessio presented the staff report.

In response to questions by VM Gary, City Manager Marc Roberts confirmed that reoccurring revenues were less than $2 million of the $5 million; the other $3 million could be considered one-time revenue.

Mayor Marchand spoke regarding the impact of the recession on property tax and sales tax revenues, saying that capital reserves were needed to survive future drops and there was no extra money.

In response to questions by CM Spedowfski, Mr. Alessio said staff would include a definition of terms in the Popular Annual Financial Report (PAFR).

In response to questions by CM Woerner, Mr. Alessio said historical trends could be incorporated into future reports for partial year information.

THE CITY COUNCIL RECEIVED THE REPORT. ON THE MOTION OF CM WOERNER, SECONDED BY VM GARY AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2016-171 accepting Fiscal Year 2015-16 Comprehensive Annual Financial Report (CAFR) and other annual reports.

MAYOR MARCHAND REORDERED THE AGENDA TO HEAR ITEM 6.03 PRIOR TO ITEM 6.02.

6.03 Discussion and direction regarding the Asset Management Program for buildings.

Recommendation: Staff recommended the City Council approve a new risk based prioritization approach for building repair, rehabilitation, and replacement in the development of the Asset Management Program.

Management Analyst Anthony Smith and City Engineer Cheri Sheets presented the staff report.

In response to questions by CM Woerner, City Manager Marc Roberts said the streets portion of the asset management program was limited to pavement; and, if other things such as sidewalks were added in, the number would be larger. He said the City had issued bonds and debt for buildings and hadn't fallen as far behind as possible, but had not thought about systematic budgeting.

In response to questions by CM Woerner, Ms. Sheets said the long range plan would include policy options for balancing resources and assets. She said due to lack of outside funding, options would have to be considered for the building portion such as non-profit agencies taking over non-essential buildings or divesting of others. She said implementing the policies might take between five and ten years.

In response to questions by CM Woerner, Mr. Roberts said with tough choices and good prioritization, the City might be able to maintain the vast bulk of the assets at an acceptable level but it was almost certain that a number would have to be owned or maintained by someone else, or maintained at a different level.

In response to questions by CM Spedowfski, Ms. Sheets said the assessment for storm drains would not guess future requirements, but would incorporate current requirements.

CM Spedowfski spoke regarding the future of trash capture requirements for storm drains and said it was good that the City was looking at the big picture. He suggested the Community Asset Management Program (CAMP) committee be utilized to identify community outreach options.

VM Gary said the prioritization would become value-based as a City Council and staff decision; he suggested weighting some things more than others to keep in mind the health and safety of the people occupying the facilities.

Mayor Marchand invited public comment.

John Stein, Livermore, said the Council Chamber was not designed to be a permanent building and was reaching the end of its life; he expressed concerns regarding maintenance of the Railroad Depot building and suggested utilizing blanket contracts for service for reduced costs.

In response to questions by Mayor Marchand, Ms. Sheets said the Railroad Depot would be owned by the City and maintenance costs would be split between the City of Livermore and Livermore Amador Valley Transit Authority. Mr. Smith said the City did utilize blanket contracts for maintenance services.

ON THE MOTION OF CM WOERNER, SECONDED BY CM SPEDOWFSKI AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE STAFF RECOMMENDATION.

AT 8:43 PM CM WOERNER RECUSED HIMSELF FROM PARTICIPATING IN ITEM 6.02 AND LEFT THE MEETING.

6.02 Discussion and direction regarding Livermore's participation in the Alameda County Community Choice Aggregation Energy Program.

Recommendation: Staff recommended the City Council consider participation in the Alameda County Community Choice Aggregation Energy Program.

If the City Council opted to join, staff recommended the City Council introduce an ordinance amending the Municipal Code to participate in the East Bay Community Energy program and adopt a resolution authorizing execution of the East Bay Community Energy Authority Joint Powers Agreement dated October 4, 2016.

Public Works Manager Judy Erlandson presented the staff report.

In response to questions by Mayor Marchand, Ms. Erlandson said the Joint Powers Agreement (JPA) did not provide a definition for low-income communities. She said it could mean that the power providers received preferential treatment if they recruited from low-income or disadvantaged communities.

Bruce Jensen, Alameda County Community Development Agency, spoke in response to questions by Mayor Marchand. He provided clarifying comments regarding community ownership, saying the language had been proposed by advocates through the steering committee process as a possible policy position and it would be up to the JPA to pursue when formed.

Mayor Marchand expressed concerns regarding mutually exclusive interests such as providing lower cost energy and reducing consumption. He said a lot of things were unanswered and Livermore might be on the hook for significant costs if the Authority did not meet the goals that they promised.

Mr. Jensen said if, at the outset, the JPA could not procure energy competitively with PG&E, or did not do better than PG&E in terms of a renewable portfolio, or did not exceed carbon-free emissions compared to PG&E, Livermore or any other community could pull out without cost. He said costs would be included in the negotiated contracts.

Seth Baruch, Carbonomics, LLC, spoke in response to questions by Mayor Marchand, saying if cities withdrew after contracts were signed, issues might arise; he said the more notice that could be given, the lower the costs would be.

Referring to the recitals, CM Spedowfski said many community groups and partners had asked for specific language. He said he did not think the intent was to focus on community ownership in low income communities; the focus was on spurring equitable economic development and increased resilience, especially in low-income communities. CM Spedowfski noted that residents could opt-out and stay with PG&E.

Mayor Marchand invited public comment.

Kyoko Takayama, Livermore, expressed support for the item, saying the program could be a powerful vehicle to combat climate change.

ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY VM GARY AND CARRIED ON A 3-0 VOTE, THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCE:

Uncodified ordinance introduced authorizing the City of Livermore's participation in and implementation of a Community Choice Aggregation program.

ON THE MOTION OF CM SPEDOWFSKI, SECONDED BY VM GARY AND CARRIED ON A 3-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2016-172 authorizing the City Manager to execute the East Bay Community Energy Authority Joint Powers Agreement to participate in the Alameda County Community Choice Aggregation Energy program.

7.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY 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 Spedowfski said on November 7, 2016 he attended the Board of Directors meeting. He reported that new programs were growing in ridership.

Downtown Finance Foundation Research Committee CM Spedowfski spoke regarding his efforts to identify funding partnerships, saying there were funding opportunities for Smart Communities and Startup Communities.

Traffic Concerns CM Spedowfski suggested future discussions regarding traffic enforcement levels, residential traffic calming programs, and utilizing motorcycle police officers for enforcement.

Livermore Downtown, Inc. VM Gary said he attended the monthly Board of Directors meeting.

Livermore Police Department Volunteer Appreciation Dinner Mayor Marchand said on November 16, 2016 he and Council Member-Elect Carling attended the event.

Livermore-Amador Valley Water Management Authority (LAVWMA) Mayor Marchand said on November 17, 2016 he and Council Member Woerner attended the meeting where there was an operations report; the general manager performance review; and the audit and financial reviews.

Alameda County Transportation Commission (ACTC) Mayor Marchand said on November 18, 2016 he attended the transportation review where there were legislation and policy overviews, and an update on community projects.

8.

ADJOURNMENT - at 9:08 pm to a regular City Council meeting on Monday, December 12, 2016 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.

APPROVED:

JOHN P. MARCHAND, MAYOR

PREPARED BY:

SARAH BUNTING, DEPUTY CITY CLERK

ATTEST: