CITY COUNCIL MINUTES

February 24, 2014

________________________________________________________________ REGULAR MEETING

1. ROLL CALL/PLEDGE OF ALLEGIANCE The meeting of the City Council was called to order by Mayor John Marchand at 7:13 pm, in the City Council Chambers, 3575 Pacific Avenue, Livermore, California.

1.01 ROLL CALL Present: Mayor John Marchand, Vice Mayor Bob Woerner, and Councilmembers Stewart Gary, Doug Horner, and Laureen Turner.

1.02 PLEDGE OF ALLEGIANCE

1.03 REPORT OF ACTION TAKEN IN CLOSED SESSION

Acting City Attorney Jason Alcala said Item 1 would be continued to after the Regular Meeting; there was no reportable action for Item 2.

2. PROCLAMATIONS AND PRESENTATIONS

2.01 Proclamation declaring March 2014 American Red Cross Month.

Mayor Marchand presented a proclamation to Varsha Clare declaring March 2014 American Red Cross Month.

2.02 Confirmation of advisory body appointments and administration of oath of office:

Commission for the Arts Chelle Clements to an unexpired term ending January 1, 2015

Livermore Housing Authority Porus Engineer to an unexpired resident term ending January 1, 2017

ON THE MOTION OF CM HORNER, SECONDED BY CM GARY AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS.

City Clerk Susan Neer administered the oath of office to Chelle Clements and Porus Engineer.

2.03 Confirming the appointment of Don Meeker as City Historian, to a regular term ending February 1, 2016.

ON THE MOTION OF MAYOR MARCHAND, SECONDED BY VM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENT.

City Clerk Susan Neer administered the oath of office to Don Meeker.

2.04 Poet Laureate Annual Update.

Poet Laureate Kevin Gunn presented the annual update.

3. CITIZENS FORUM

John Stein, Livermore, spoke regarding the need for a jobs/housing match and a jobs/housing balance. He said long distance commuting had a negative effect on clean air, used a vast amount of time for commuters, and added to traffic congestion.

Don Meeker, Livermore, spoke regarding his appointment as City Historian and his recent experience applying for a permit.

Kathy Streeter, Livermore, spoke regarding the need for additional parking in the downtown and suggested utilizing the vacant lot at the old Luckys site.

4. CONSENT CALENDAR

Mayor Marchand removed Item 4.07 from the Consent Calendar for separate discussion and action.

Item 4.03 Mayor Marchand spoke in support of appointing Jason Alcala as the City Attorney.

Items 4.05 and 4.06 Mayor Marchand said approval of these items demonstrated Livermores commitment to workforce housing.

ON THE MOTION OF CM GARY, SECONDED BY VM WOERNER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 4.07.

4.01 Approval of Minutes - February 4, 2014 special City Council meeting closed session and February 10, 2014 regular City Council meeting.

4.02 Adoption of Ordinance 1994 amending Chapter 2.68 of the Municipal Code regarding Contracts and Purchasing.

4.03 Resolution 2014-022 appointing Jason R. Alcala to the position of City Attorney and authorizing execution of the employment contract.

4.04 Resolution 2014-023 amending Resolution No. 72-79 to allocate the new job classification of Human Resources Manager (Confidential) to the Livermore Management Group Salary Schedule.

4.05 Resolution 2014-024 authorizing an appropriation of up to $500,000 in Affordable Housing Trust Funds to Hello Housing as temporary construction financing to rehabilitate the multi-family property located at 389 McLeod Street for use as affordable rental housing, and authorizing the execution of an amendment to the loan agreement with Hello Housing for use of the funds.

4.06 Resolution 2014-025 authorizing execution of a Second Amendment to the Exclusive Negotiating Rights Agreement with MidPen Housing Corporation to extend the negotiation period for purchase and loan to develop the City-owned housing site parcels located at 217 North N Street and 1625-1763 Chestnut Street.

VM Woerner recused himself from Item 4.07 due to his employment with the utility company Pacific Gas & Electric.

4.07 Resolution establishing the State Route 84 (Isabel Avenue) Underground Utility District. (This item was continued from the February 10, 2014 City Council meeting.)

Mayor Marchand acknowledged receipt of the letter from Rhodes & Jamieson, provided to the Council in the Supplemental Memo. City Engineer Cheri Sheets confirmed that assertions made in the letter with respect to the State Route 84 Underground Utility District were correct.

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

Resolution 2014-026 establishing the State Route 84 (Isabel Avenue) Underground Utility District.

VM Woerner rejoined the meeting.

5. PUBLIC HEARINGS None.

6. MATTERS FOR CONSIDERATION

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

6.02 Draft Implementation Guidelines for the Camping Ordinance.

Recommendation: Staff recommended the City Council review and provide direction on the implementation guidelines for the camping ordinance adopted on February 10, 2014.

Acting City Manager Troy Brown presented the staff report.

CM Turner requested staff provide clarification on #4 and #7 of the guidelines. Mr. Brown said staff would incorporate into the guidelines that for #4 there would not be an automatic citation issued; and for #7 that a citation would not be used when someone collected their belongings.

Mayor Marchand said he did not anticipate the City using the ordinance frequently; the ordinance was for the most egregious, repetitive and flagrant offenders. He said the City was not criminalizing homelessness but was targeting bad behaviors and enforcement would be complaint driven. He said this ordinance allowed the City the authority to clean up the large encampments that represented a public health and safety hazard.

Mayor Marchand invited public comment.

Jacky Poulsen, Livermore, said she was unable to find the specific ordinances in the surrounding cities that prohibited camping.

Mercedes Phillips, Livermore, requested clarification on whether or not Section 12.65.030 (a) not including a space or stall in the off-street parking facility owned or operated by the City was an alternative place for the homeless to sleep.

In response to questions by Mayor Marchand, Mr. Brown said the lawfulness of sleeping in a car was currently being challenged in the courts. He said Section 12.65.030 (a) was written to permit sleeping in a car, not for pitching a tent in a parking stall.

Nick Tynan, Livermore, spoke regarding the need to establish a HUD VASH (Veterans Administration Supportive Housing) voucher program with the Livermore Housing Authority.

In response to questions by Mayor Marchand, Assistant Community & Economic Development Director Eric Uranga described vouchers that would be available through the two projects approved that evening on the Consent Calendar. He said VASH vouchers were available through the Livermore Housing Authority.

Vera Olmo, Livermore, said she was homeless and described her personal story.

John Stein, Livermore, said he supported the implementation direction; however, the focus was still on enforcement and not mitigation. He questioned where the homeless would go if they could no longer camp in the arroyos. He said the City should provide public restrooms and storage lockers in the downtown.

Mayor Marchand suggested the faith based community could provide the storage facility needed for the homeless.

Angelmarie Duncan, Livermore, said she had been homeless since September 2013 and the ordinance would not make it any easier on the homeless; she was concerned about where she would sleep.

Mayor Marchand said he was organizing a summit of local, state, and federal resources, along with other service providers including the Veterans Administration and Alameda County, to identify the resources to assist in the homelessness situation. He said this was a regional problem that needed to be solved regionally. Livermore did not have the resources to solve regional homelessness.

Acting City Manager Troy Brown said staff would prepare final guidelines for the implementation of the Camping Ordinance for City Council review and approval at the March 10, 2014 meeting. He said clarification on #4, #7 and Section 12.65.030 (a) (parking stalls) would be included.

6.03 Water Shortage Emergency Declaration and Implementation of Stage 1 Voluntary Water Conservations Measures to Achieve a 20 Percent Reduction in Usage.

Recommendation: Staff recommended the City Council adopt a resolution declaring a local Water Shortage Emergency; enacting the Livermore Water Shortage Contingency Plan at the Stage 1 level of 20 percent voluntary conservation; and authorizing and directing the City Manager to adjust and establish appropriate conservation levels and measures consistent with the Water Shortage Contingency Plan and based on the available local water supply conditions over the remainder of the 2014 water year.

Assistant Public Works Director Darren Greenwood presented the staff report.

In response to questions by CM Gary, Public Works Director Dan McIntyre said the water retailers were asking for voluntary conservation as the drought had not yet reached a critical stage. He said Cal Water provided water to two-thirds of the Citys residents. Mr. Greenwood said Cal Water had ground water wells. He said deliveries from Zone 7 would allocate to the retailers based upon how much they had pumped. He said having more wells would not guarantee getting more water. He said the available supply would be split.

CM Gary said staff should include that water in the arroyo was part of the groundwater recharge strategy. He also said that the public should know the amount and recharge rate for groundwater. Mr. McIntyre said Zone 7 pumping at an aggressive rate as being discussed would provide for a couple of years.

In response to questions by VM Woerner, Mr. Greenwood said the third recommendation would allow the City Manager to establish appropriate water conservation levels without returning to City Council for direction and approval. He said the current shortage contingency plan already allowed for the City Manager to adjust at the stage four level. He said the conservation rate and user type information would be available online. He said staff was exploring using a truck recycled water program. He said the Department of Water Resources was responsible for the valve repair at the Oroville reservoir.

In response to questions by CM Turner, Mr. Greenwood said staff was maximizing the use of recycled water and would increase efforts to identify any grant funds for conservation community outreach. He said in March there would be a Lose Your Lawn workshop on drought tolerant landscaping.

In response to questions by CM Horner, Mr. Greenwood said water bills contained a fixed cost that was independent of the amount of water used. CM Horner said it was a disincentive for water conservation when there was a fixed cost.

CM Gary requested that staff promote educational information for residents to promote drought tolerant landscaping. He said should the drought become long term, he requested discussion on how to incentivize the removal of ornamental turf grass.

ON THE MOTION OF VM WOERNER, SECONDED BY CM GARY AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED RECOMMENDATIONS 1 AND 2 OF THE RESOLUTION; AND

ON THE MOTION OF CM TURNER, SECONDED BY CM GARY AND CARRIED ON A 4-1 VOTE (VM WOERNER VOTING NO), THE CITY COUNCIL APPROVED RECOMMENDATION #3, AND THE COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2014-027 declaring a local Water Shortage Emergency; enacting the Livermore Water Shortage Contingency Plan at the Stage 1 level of 20 percent voluntary conservation; and authorizing and directing the City Manager to adjust and establish appropriate conservation levels and measures consistent with the Water Shortage Contingency Plan and based on the available local water supply conditions over the remainder of the 2014 water year.

6.04 Discussion and direction regarding the lease agreement with i-GATE Development Corporation for the 2324 Second Street property and appropriation of $50,000 for rehabilitation of the property.

Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of the lease agreement with i-GATE Development Corporation and appropriating $50,000 for improvements and start-up operating costs for the use of the property.

Senior Management Analysts Frances Reisner and Brandon Cardwell presented the staff report.

Mayor Marchand invited public comment.

Cornell Wright, Livermore, spoke in support of i-GATE and the relocation to Second Street. He said the location change would provide better internet connectivity along with being closer to services.

Greg Thompson, Livermore, spoke in support of i-GATE and the relocation to Second Street.

Daniel Casner, Robot Garden, Livermore, spoke in support of the relocation to Second Street and said the move would give more exposure to youth and STEM careers.

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

Resolution 2014-028 authorizing execution of the lease agreement with i-GATE Development Corporation and appropriating $50,000 for improvements and start-up operating costs for the use of the property.

6.05 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 Councilmembers.

Tri-Valley Transportation Council (TVTC) CM Horner said on February 13, 2014 he attended the meeting. There was a review of a new fee schedule for traffic mitigation.

CM Turner did not have a report.

Livermore Downtown Inc. (LDI) CM Gary said he attended the monthly meeting of LDI. There were discussions on the downtown economic and business issues in addition to involvement with community based fireworks.

Livermore Police Department Recognition Awards CM Gary said he attended the annual awards ceremony.

Livermore-Pleasanton Fire Department (LPFD) CM Gary said he attended the Badge Pinning Ceremony on Friday, February 21, 2014.

Chamber of Commerce VM Woerner said on February 20, 2014 he attended the Chambers Annual Board Installation and Gala.

Livermore Amador Valley Transportation Authority (LAVTA) VM Woerner said on February 24, 2014 he attended the Projects and Services Committee meeting.

Mayors Conference Mayor Marchand said on February 12, 2014 he attended the Alameda County Mayors Conference. There was a report on County resources available for the homeless.

Innovation Tri-Valley Mayor Marchand said on February 14, 2014 he attended the meeting. There was discussion regarding the collaboration between the Tri-Valley school districts in addition to shared vocational programs and educational partnerships available through PG&E.

Livermore Police Department Recognition Awards Mayor Marchand said he attended the annual awards ceremony.

Livermore-Pleasanton Fire Department (LPFD) Mayor Marchand said he attended the Badge Pinning Ceremony on Friday, February 21, 2014.

Downtown Parking Lot The City Council directed staff to prepare the lowest possible cost analysis for the development of a parking lot at the old Luckys site.

8.

ADJOURNMENT The Regular Meeting adjourned at 9:29 pm to the continued Closed Session.