CC Min 2013-01-14 Joint w/ Successor

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__ _ ___ �� ..v_ i _ . _._,_ Bill Ekern, Director of Community Development, provided the brief report explaining how this came about. He disclosed that presently staff is aware of 855 wells in the city. He provided details on the ordinance and how those selling property will need to verify that the well is disconnected. Mayor Aguirre opened the Public Hearing. Public Comment Joseph Washington spoke against the backflow prevention program and opined it is unfair, undependable and that the best solution is to disconnect from city water. He opined that this program penalizes people; is not the right process for generating revenue; it is ugly and is not green; and, that disabling wells is short-sighted given 911 and how vulnerable the Hetch Hetchy system is. M/S Gee/Ira to close the Public Hearing. Motion carried unanimously by voice vote. One Council Member asked if Mr. Ekern wanted to respond to the speakers comments. Mr. Ekern said that this the approach to make sure the backflow is disconnected and it does not impact water safety. He noted the City is not making money on this issue and merely recovering the costs. Mr. Ekern said that the annual inspection is the City's way to stay in compliance with state law. Another Council Member asked if the state sets the rules and Mr. Ekern confirmed. However, the state does not regulate how to implement it. Mr. Ekern said that through community input and the Utilities Committee, there was an adjustment to have more options available and other designs for the public to consider. Another Council Member inquired if the Utilities Committee wan#ed to comment on this. Members of the Utilities Committee noted that there were lengthy meetings with a lot of public input and they also reached out to state legislators to add options to the menu for consideration. Another Council Member that serves on the Utilities Committee shared that a lot of time was spent on this to make sure consequences were well thought out and to not place the city and residents in danger originating from water contamination. M/S Seybert/Pierce to approve the recommendations including changes on word consistency proposed by the City Attorney. Motion carried unanimously by electronic vote. B. Appeals of the October 16, 2012 Planning Commission Consideration of Addendum No. 2 and 2007 EIR and Approvals for the Costco Gasoline. Station Expansion from 12 to 16 fueling positions located at 2300 Middlefield Road. (603) Recommendation: JOINT CITY COUNCIL/SUCCESSOR AGENCY BOARD January 14, 2013 MEETING MINUTES PAGE 7 MINUTE BOOK NO. 64 Page No. 258