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Livermore reports unanimous closed‑session settlement resolving Alameda County Taxpayers suit
Summary
Acting City Attorney Tara Mazzanti reported the City Council unanimously approved a settlement and mutual release resolving Alameda County Taxpayers Association v. City of Livermore; the agreement includes utility credits, fund creation for pavement maintenance and payment of attorney fees, and the City Manager was authorized to execute the settlement.
After the council returned from a closed session on Sept. 8, Acting City Attorney Tara Mazzanti reported under Government Code reporting requirements that the City Council voted unanimously in closed session to approve a settlement agreement and mutual release in Alameda County Taxpayers Association and Alan Heckman v. City of Livermore (Alameda County Superior Court case number referenced in the report).
Mazzanti summarized the terms as reported to the council: a $1,562,379 credit to the water utility; a credit to the sewer utility (as stated in the report); creation of a restricted fund for street-pavement maintenance pursuant to the methodology in a 2009 MGT of America study; cessation of charging the water and sewer utilities rent for use of the public right of way under the methodology described; and payment of $271,000 in attorney’s fees. She said the council authorized the City Manager to execute the settlement agreement and mutual release.
Mazzanti framed the case as concerning transfers of funds from the water, sewer and stormwater enterprises to the general fund. The council did not debate additional reportable actions at the meeting; Mazzanti concluded her report and the meeting proceeded to proclamations and presentations.
What’s next: The City Manager was authorized to execute the settlement agreement as described; any implementing steps (such as creation of the restricted pavement maintenance fund) will be carried out by the appropriate city departments consistent with the agreement.
