MINUTES OF THE REGULAR MEETING - CITY COUNCIL February 6, 2017

Transcription

1 MINUTES OF THE REGULAR MEETING - CITY COUNCIL I'Aft... YOR HARRIS called a regular meeting of the City Council to order at 7:34p.m. in the Council Chambers, 100 Gregory Lane, Pleasant Hill, California, complete proceedings of which were electronically recorded. The meeting agenda was posted on the outdoor bulletin board at the above address on February 2, 2017 by Deputy City Clerk Juanita Davalos. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL Present: 3. PRESENTATIONS 3.1 RECOGNITION of Evan Mims as Mayor for a Day MAYOR HARRIS introduced Evan Mims, a second grader at Sequoia Elementary School, as Mayor-for a Day. Mayor Harris presented a certificate and Pleasant Hill souvenirs to Mr. Mims~ 3.2 PRESENTATION of Annual Report on the Activities of the Education Commission by Commission Chairperson Emily Richards EMILY RICHARDS,' Chairperson, Pleasant Hill Education Commission, reported on events organized by the Commission which included a district-wide career fair and hosting community leaders as guest speakers at schools. Ms. Richards also described future Commission events, including a, vocational career fair' parent information events, and a library task force which would gather student input on the new library construction. She noted that the Commission's e-newsletter has over 900 subscribers. 3.3 PRESENTATION of Draft Feasibility Study for Community Choice Energy in Contra Costa County by County Staff JASON CRAPO, Deputy Director-Building Division, Contra Costa County, delivered a presentation on the Community Choice Energy (CCE) draft feasibility study and explained the scope of the study and the alternative energy sources available to the City. Mr. Crapo introduced Seth Baruch; a member of the project tea..m, to provide more details of the draft feasibility study. SETH BARUCH explained the major findings ofthe study and that the three options available to the City for implementing a CCE program include establishing a Contra Costa County-only CCE, joining one of the neighboring CCEs (MCE Clean Energy or East Bay Community Energy) or remaining with PG&E. Mr. Baruch reported that MCE has the most experience and would be able to deliver services to customers quickly, whereas East Bay Community Energy (EBCE) was newly

2 formed and would start service next year. Mr. Baruch explained the benefits, risks, and voting rights of joining a CCE. MR. CRAPO commented that CCE presentations had been given to seven City Councils and additional presentations would be made to the Antioch and Oakley City Councils. He reported that the study would be finalized in the latter part of February. MAYOR HARRIS opened public commen~. JENNA F AMULAR, MCE Clean Energy representative, explained how enrolling in the program would reduce electricity emissions by 22%. DAWN WEISZ, Chief Executive Officer of MCE Clean Energy, provided background on MCE and explained that its rates are stable, affordable, and lower than PG&E. Ms. Weisz explained that MCE is an energy efficiency program tailored to multi-unit housing and customers would receive refunds if their energy generation exceeds usage. She reported that MCE has two solar projects in Contra Costa County. JOSHUA SPERRY, Engineers and Scientists of California, commented that EBCE has partnerships with labor unions and the East Bay Clean Energy Alliance. Mr. Sperry cautioned to make sure that "green energy" that is being marketed is legitimately green energy. MARGARET HANLON-GRADIE, Executive Director of the Contra Costa County AFL-CIO, commented that quality jobs and sustainable wages should be considered. She expressed her opposition to MCE and noted her organization was leaning toward EBCE's model. CAROL WEED, Walnut Creek, Organization for Action representative, expressed her opinion that the City of Walnut Creek made a premature decision by enrolling in the MCE program and noted that MCE has never called for a vote and said that the process felt rushed. She remarked that EBCE has worked out a significant amount of the planning with stakeholders. ANN PUNTCH, Contra Costa Clean Energy Alliance, stated that she, as a member of the Alliance, was not representing a position, although she felt the presentation was weighted in favor of MCE. Ms. Puntch commented that the stand alone option should also be taken into consideration and has been down-played. Ms. Puntch reported that major cities such as Sonoma, Alameda, San Mateo and San Francisco have opted to go with the stand alone option. She expressed that all options should be carefully studied before making a commitment. CHARLES DAVIDSON, Sunflower Alliance and Contra Costa County Clean Energy, voiced his support of an East Bay solution with full consideration of Contra Costa County's renewable energy potential. MAYOR HARRIS closed public comment. 2

3 4. CITY MANAGER COMMENTS JUNE CATALANO, City Manager, reported on: the 46th Annual Community Awards Night to be held on February 21, 2017; and ~ the first Business Runway 2017 workshop sponsored by the Pleasant Hill Chamber of Commerce to be held on February 15, 2017 at John F. Kennedy University. 5. COUNCIL ANNOUNCEMENTS AND REPORTS 5.1 REPORTS from Councilmembers on Meetings or Conferences Attended at City Expense (A) Contra Costa County Mayors' Conference Hosted by the City of Pinole on February 2, 2017 MAYOR HARRIS reported his attendance at the Mayors' Conference in Pinole. COUNCILMEMBER RINN also reported his attendance at the Mayors' Conference. (B) Other Meetings Attended at City Expense COUNCILMEMBER CARLSON reported his attendance at the League of California Cities East Bay Division meeting held on January 26,2017. COUNCILMEMBER RINN noted he was elected as a member of the Contra Costa County Hazardous Materials Commission at the Mayors' Conference. MAYOR HARRIS also reported his attendance at the League of California Cities East Bay Division meeting and that he hosted the Mayor's Breakfast. None 5.2 ANNOUNCEMENTS from Councilmembers 6. PUBLIC COMMENT MAYOR HARRIS opened public comment. PAUL COTRUVO, Pleasant Hill, provided information on the seventh "Come Together" event to be held on February 24, 2017 at the Pleasant Hill Community Center. Mr. Cotruvo stated that ticket sales from the event will benefit the Pleasant Hill Teen Center. JULIANNA SWENT, Pleasant Hill, commented that she and her husband are new residents of Pleasant Hill and said that after the Presidential Election, local Muslim leaders have urged their members to attend City Council meetings and become involved in their communities. Ms. Swent 3

4 expressed her hopes in making a positive contribution to the community and requested that the City Council continue to advocate for all residents. MAYOR HARRIS closed public comment. 7. CONSENT CALENDAR Motion (Carlson/Noack) to approve all consent items, carried as follows: A YES: 7.1 APPROVE Checks Dated: January 20, 2017 and January 27, APPROVE Minutes for the Regular City Council Meeting of January 23, ADOPT Ordinance No. 909 Amending Pleasant Hill Municipal Code Chapter 2.15 (City Clerk) Regarding the Change of Position from Elected to Appointed as Approved by Pleasant Hill Voters 7.4 ADOPT Resolution No Accepting the City Gateway Project as Complete and Authorizing the City Engineer to Issue and Record a Notice of Completion 7.5 ADOPT Resolution No Authorizing the City Manager to Execute an Agreement for Design Professional Services with LCC, Inc. for the Design of the Gregory Gardens Storm Drain Project, and Resolution No Authorizing the City Manager to Execute an Agreement for Design Professional Services with Ruggeri-Jensen-Azar for the Design of the New Storm Drain Improvement Program and Diablo Vista Water System Project 7.6 ADOPT Resolution No Accepting the AB 1600 Report on Development Impact Fees for Fiscal Year Ended June 30, ADMINISTRATION AND FINANCE 8.1 ADOPT Resolution No Establishing the Pleasant Hill Transactions and Use Tax Oversight Committee and Bylaws Governing the Size, Composition and Duties of the Committee MAYOR HARRIS called a recess at 8:47p.m. MAYOR HARRIS reconvened the meeting at 8:56p.m. MARTIN NELIS, Public Information Officer, explained that the passage of the Measure K ordinance requires the formation of a "Citizens' Oversight Committee" to review the collection and expenditure of Measure K funds and make recommendations to City Council. Mr. Nelis stated 4

5 that at the September 19, 2016 City Council meeting, Councilmembers discussed the proposed composition of the seven member Oversight Committee and gave direction to staff regarding the composition as follows: a member of the Pleasant Hill Chamber of Commerce; a member of the Traffic Safety Committee; two members with finance and/or accounting professional experience and three to four at large members with experience in public financing, public management or construction. COUNCILMEMBERS posed questions concerning the appointment process, bylaws and proposed resolution language, term limits, and economic conflict of interest issues. MR NELIS responded that Committee members would not have a decision-making role on specific projects and would not have authority to enter into contracts. He also commented that the language in the proposed resolution should mirror the bylaws. Mr. Nelis remarked that recommended language to the proposed resolution referenced in the City Attorney Memorandum dated February 6, 2017 distributed at the meeting addressed the conflict of interest issue. Mr. Nelis also noted that the Memorandum addressed a typographical error in the bylaws whereby "Section 13" should be labellecl as "Section 12." VICE MAYOR FLAHERTY and COUNCILMEMBER NOACK expressed their concerns that the Form 700 disclosure would be burdensome to complete and not relevant since Committee members would not be making economic decisions. JANET COLESON, City Attorney, stated that it was recommended that Committee members complete a Form 700 [Statement of Economic Interests], but noted that it was not required. There was further discussion regarding representing the Traffic Safety Commission, the library, and the Chamber of Commerce. MA YOR.HARRIS opened public comment. There was no public comment. MAYOR HARRIS closed public comment. MAYOR HARRIS recommended that the language in the proposed resolution and bylaws be revised to make them congruent and that terms of service should be two to three years, instead of four years. Mayor Harris also commented that completion of a Form 700 should not be required if there was no liability or decision making. MS. COLESON responded that the completion of a Form 700 was recommended along with participation in an [Assembly Bill] 1234 ethics training class. MAYOR HARRIS asked Councilmembers their opinions on the Form 700, ethics training, term lengths, and Committee composition and Councilmembers stated their opinions. 5

6 COUNCILMEMBER CARLSON made a motion to: adopt the proposed resolution amended to include the recommended language in Section 3(c) as stated in the City Attorney Memorandum dated ; adopt the same language in the bylaws; correct Section 13 of the Bylaws to Section 12; changing the title of the section to "Ethics" and striking the first two paragraphs of that section; and amending the last paragraph of the section to only require ethics training as mandated by State Assembly Bill He also asked that the Committee be directed to draft policies and procedures including codes of conduct. In response to Vice Mayor Flaherty's request for clarification on the amendments to Section 12, MS. COLESON reviewed the proposed changes. VICE MAYOR FLAHERTY noted that he did not see a reason to remove the second paragraph regarding a Committee member not making or influencing a City decision and COUNCILMEMBER CARLSON voiced his agreement. COUNCILMEMBER RINN seconded the motion. MAYOR HARRIS made a motion to amend the composition of the Committee. to include the following members: one member of the Friends of the Library as an at-large member; one member of the Pleasant Hill Chamber of Commerce; one member with a professional financial background; one member from the Traffic Safety Committee; and three at large members. Motion (Harris/Noack) to Amend the composition of the Pleasant Hill Transactions and Use Tax Oversight Committee, carried as follows: NOES: Flaherty, Noack, Harris Carlson, Rinn Motion (Carlson!Rinn) to Adopt Resolution No Establishing the Pleasant Hill Transactions and Use Tax Oversight Committee and Bylaws Governing the Size, Composition and Duties of the Committee, as amended, carried as follows: 8.2 PRESENTATION of the Audited Comprehensive Annual FinanCial Report (CAFR) for the Fiscal Year Ended 6/30/2016 MARY MCCARTHY, Finance Manager, explained sections of the CAFR and reported that the City's independent Certified Public Accountants issued an unmod~fied opinion, which was the highest possible rating. Ms. McCarthy reported that the City's General Fund revenue is at a surplus and the General Fund expenditures are lower than budgeted. COUNCILMEMBER NOACK commented that the City's unfunded pension liability was slightly increased. 6

7 9. PUBLIC WORKS AND COMMUNITY DEVELOPMENT 9.1 PUBLIC HEARING and INTRODUCTION of Ordinance No._ Regarding Wireless Telecommunications Facilities JANET COLESOt.J, City Attorney, requested that the Cow1cil continue the iten1 to February 27, 2017, to allow time to respond to two letters received from AT&T and Verizon just prior to the Council meeting. Motion (Noack/Flaherty) to Continue the Public Hearing and Introduction of Ordinance No._ regarding wireless telecommunications facilities, carried as follows: 9.2 PUBLIC HEARING Confirming Costs Incurred for Abating a Public Nuisance at 2035 Sherman Drive and Imposing a Special Assessment Lien on the Subject Property to Recover Such Costs MAYOR HARRIS stated that a request has been made to continue the item to February 27, Motion (Fiaherty/Rinn) to Continue the Public Hearing confirming costs incurred for abating a public nuisance at 2035 Sherman Drive and imposing a special assessment lien on the subject property to recover such costs, carried as follows: 10. OTHER None 11. ADJOURNMENT MAYOR HARRIS adjourned the meeting at 9:56p.m. The next regular meeting will be held on Monday, February 27, 2017, beginning at 7:30p.m. CAROL W. WU, CITY CLERK 7