CITY COUNCIL MINUTES
May 12, 2014
1. PLEDGE OF ALLEGIANCE/CALL TO ORDER The meeting of the City Council was called to order by Mayor John Marchand at 7:03 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
2. PROCLAMATIONS AND PRESENTATIONS
2.01 Presentation of Water Awareness Month Poster Contest Winners.
Mayor Marchand presented certificates to the Water Awareness Month Poster Contest Winners from Altamont Creek Elementary School and Croce Elementary School.
2.02 Presentation of 'Excellence in Water Research' Awards.
Mayor Marchand presented the Excellence in Water Research Awards to the outstanding teacher and Senior Division winners from Livermore High School.
2.03 Proclamation declaring May 12 - May 18, 2014 Workforce Housing Week.
Mayor Marchand presented the proclamation to Jenny Wyatt, Habitat for Humanity.
2.04 Proclamation declaring May 12 - May 18, 2014 Small Business Week.
Mayor Marchand presented the proclamation to Jennifer Thaete, Livermore Valley Chamber of Commerce.
2.05 Confirmation of advisory body appointments and reappointments and administration of oath of office to new members:
Appointment of Tyler Olson to an unexpired term ending June 1, 2015
Appointment of Sheri Ann Dante to an unexpired term ending June 1, 2016
Historic Preservation Commission
Reappointment of Barbara Savoy to a regular term ending May 1, 2018
Human Services Commission
Appointment of Helen Meier to an unexpired term ending November 1, 2014
Library Board of Trustees
Reappointment of Arthur Pontau to a regular term ending June 1, 2017
Appointment of Richard Hunt to a regular term ending June 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 Sheri Ann Dante and Tyler Olson.
2.06 Historic Preservation Commission Annual Update.
Historic Preservation Commission Chair Jeff Williams presented the annual update.
3. CITIZENS FORUM
Alan Burnham, Livermore, spoke regarding a small city in Colorado that worked together to save their community theater.
Kathy Streeter, Livermore, Friends of the Bankhead and Bothwell, said saving the Bankhead was not about saving the building but to save the source of education, entertainment, fellowship and cultural enrichment.
Don Meeker, Livermore, spoke regarding the history of the Masons and the construction of the Masonic Building in 1909.
Alan Frank, Livermore, Friends of the Bankhead and Bothwell, spoke regarding the financial situation of the Bankhead and the detrimental effect bankruptcy would have on the community. He submitted additional petitions to save the Bankhead.
Steven Kreek, Livermore, spoke regarding traffic mitigation measures along the Concannon corridor.
John Stein, Livermore, spoke regarding the Citys jobs/housing balance and his concerns of Livermore having too much housing and becoming a dorm for the Silicon Valley.
Pat Ferguson, Livermore, spoke regarding the financial situation between the City and the Burbank Theater.
Mayor Marchand clarified the correct name was the Bankhead Theater.
Xiao Wang, Livermore, spoke regarding Falun Dafa and the art display at the Civic Center Library.
4. CONSENT CALENDAR
Mayor Marchand removed Item 4.10 from the Consent Calendar for separate discussion and action.
Item 4.02 In response to questions by CM Horner, Assistant City Manager Troy Brown said the funding request was to enable staff to make a deposit to secure the fireworks; he said the plan would be presented to Council at the June 9, 2014 meeting. He added that the deposit was refundable.
Item 4.06 CM Horner said he did not support approval of the request for concurrent consideration of the applications. He said Council was being asked to make an amendment to the Scenic Corridor. He said the Scenic Corridor was appropriately called a community character element and was too important to include in a concurrent consideration. He said the Scenic Corridor was a defining point of the visual character of Livermore and he wanted there to be a separate community discussion on the Scenic Corridor element. CM Horner requested the item be removed from the Consent Calendar for separate vote.
Community & Economic Development Director Stephan Kiefer explained that a concurrent review would provide the full picture to the Council; bringing just the Scenic Corridor portion would not provide the full picture.
CM Gary said he did not understand bundling the items and had anticipated there would be a series of separate discussions at the same meeting so the Scenic Corridor element and the specific development could be considered in context.
City Manager Marc Roberts said there would be separate resolutions for the General Plan amendment and the Development Code amendment. He said having a concurrent review would preclude dragging the public out multiple times to speak on the same project balanced against some threshold questions. He said if the Scenic Corridor adjustments were not approved, the project would need to be redesigned.
In response to questions by VM Woerner, Mr. Roberts said traditionally the entire project, including general plan and development code changes and an idea of the development itself, were presented concurrently in a staff report that detailed the impacts. He said then there were a series of actions to be taken. He said it was the Councils discretion on how to proceed. Mr. Kiefer said the Urban Growth Boundary protected a majority of the area north of the freeway.
Mayor Marchand invited public comment.
John Stein, Livermore, said he did not support the staff recommendation. He said this was one of the last remaining industrial parcels with freeway exposure that had one of the major scenic views of the hills with vineyards. He said not only the views of the hills and ridgelines would be obscured by buildings and sound walls, the residential would be in the Airport Protection Area. He noted other concerns including noise, parking and crime. He said these were major changes and should be considered separately.
In response to comments by Mr. Stein, Mr. Kiefer said sound walls were not proposed in the project and the residential portion of the project was outside of the Airport Protection Area. Mr. Roberts added that this area was already designated residential in the General Plan.
David Best, Shea Homes, applicant, said the concurrent review was being requested because the zoning was under a Planned Development (PD); the request was to make the PD consistent with the General Plan amendment. He said if the Council approved the General Plan amendment, then the Development Code needed to follow suit.
Item 4.11 Glen Robbins, President, Livermore Police Officers Association, spoke in support of ratification of the Memorandum of Understanding. He said it was a fair contract and expressed his appreciation to all of the negotiating teams.
ON THE MOTION OF CM TURNER, SECONDED BY CM HORNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED ITEMS 4.01 to 4.05, ITEMS 4.07 to 4.09 AND ITEM 4.11.
IT WAS MOVED BY CM HORNER, SECONDED BY CM TURNER TO NOT APPROVE ITEM 4.06.
In response to questions by VM Woerner, City Attorney Jason Alcala said the votes would be sequential; the General Plan would be voted on first, followed by the Planning action, followed by the project. He said if the General Plan amendment was not approved, then the following actions could not be approved.
CM Horner said he wanted the items to be scheduled separately to have a pure discussion on the General Plan, Scenic Corridor element. He said the Scenic Corridor element was an important enough character defining element to the City to deserve its own discussion.
Mayor Marchand said if there was a sense of what the project would look like in the context of the Scenic Corridor, there would be a better idea of whether or not the Scenic Corridor was being preserved with or without the General Plan amendment. He said the context was more important to him.
CM Horner said a surveying study would tell if the project complied or not with the Scenic Corridor.
THE MOTION CARRIED ON A 3-2 VOTE, MAYOR MARCHAND AND CM GARY VOTING NO, AND THE CITY COUNCIL DID NOT APPROVE ITEM 4.06.
4.01 Approval of minutes - April 28, 2014 regular City Council meeting.
4.02 Resolution 2014-053 appropriating funds in the amount of $25,000 for the 2014 Downtown Livermore 4th of July Fireworks.
4.03 Resolution 2014-054 authorizing for permanent maintenance and releasing of security for the Energy Savings and Production, Project No. 2013-11.
4.04 Resolution 2014-055 accepting for permanent maintenance and releasing of security for Parcel Map 9770 - Shea Center Livermore, LLC and accepting on behalf of the public all real property offered for dedication that was previously rejected. Location: Intersection of Portola Avenue and Isabel Avenue.
4.05 Resolution 2014-056 adjusting the Livermore Municipal Airport rates and charges for Fiscal Year 2014-2015 by the regional Consumer Price Index increase of 2.4 percent effective July 1, 2014.
4.06 Resolution approving the concurrent consideration of applications for a General Plan Amendment and Development Code Amendment at a future Council meeting. (Shea Homes-Sage, GPA 13-004 and DCA 13-007)
Item 4.06 was not approved.
4.07 Resolution 2014-057 approving the concurrent consideration of applications for a General Plan Amendment and Zoning Map Amendment at a future Council meeting. (Auburn Grove at First Street, GPA 13-008 and GPA 13-005)
4.08 Resolution 2014-058 authorizing the City to enter into a Public Participating Jurisdiction (PPJ) agreement with Alameda County and the cities of Dublin and Pleasanton to repay a portion of a $1,250,000 Section 108 loan guarantee from the US Department of Housing and Urban Development (HUD) to support the renovation of a new medical and behavioral health clinic for Axis Community Health.
4.09 Resolution 2014-059 amending Resolution No. 72-79 to re-title and delete positions in the Executive Management, Management, Confidential, and Association of Livermore Employees salary schedules.
4.10 Resolution and introduction of ordinance enacting changes to City paid health benefits and reduction of City Council benefits.
ITEM 4.10 WAS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION.
4.11 Resolution 2014-060 adopting a Memorandum of Understanding with the Livermore Police Officers Association; Resolution 2014-061 paying and reporting the value of Employer Paid Member Contributions to CalPERS.
Item 4.10 Mayor Marchand said at the April 28, 2014 meeting, the City Council directed staff to prepare the resolution to allow elected officials to participate in fringe benefits on a self-paid basis, and an ordinance to amend the salaries and limit increases of elected officials. In addition to adoption of the resolution and ordinance, he suggested having two ballot measures for the November 4, 2014 General Municipal Election; one for the benefits and the second for the restriction of salary increases for elected officials.
ON THE MOTION OF VM WOERNER, SECONDED BY MAYOR MARCHAND AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION AND INTRODUCED THE FOLLOWING ORDINANCE:
Resolution 2014-062 allowing elected officials to participate in fringe benefits on a self-paid basis.
Introduction of ordinance enacting changes to City paid health benefits and reduction of City Council benefits.
The City Council appointed VM Woerner and Mayor Marchand to a subcommittee to draft ballot language, ballot questions, arguments in favor, and rebuttals if necessary, for two Council sponsored measures, in preparation for submittal to the voters for the November 4, 2014 General Municipal Election; one measure to designate mayor and councilmembers as part-time employees, set the compensation and restrict future increases to one per election cycle with a maximum amount of 5% or CPI, whichever is less; and a second measure to allow mayor and councilmembers to participate in employee benefits on a self-paid basis.
City Attorney Jason Alcala reviewed the timeline for submission of ballot measure language, the questions and the arguments based upon the call for the election at the June 23, 2014 meeting. He said the subcommittee would prepare draft ballot language, questions for the ballot and ballot arguments in favor for review by the entire Council at the June 9, 2014 meeting. At that time, final language would be crafted and prepared for formal approval at the June 23, 2014 City Council meeting. He verified that the ballot measure language would be signed by the two subcommittee members; the argument would be signed by all five members of the Council.
5. PUBLIC HEARINGS
5.01 Hearing to consider adjusting rates charged by Livermore Sanitation Inc., for solid waste and recycling collection services effective July 1, 2014.
Recommendation: Staff recommended the City Council adopt a resolution approving rates listed in Exhibit H of the Amended and Restated Agreement for Solid Waste, Recyclable Materials, and Compostable Materials Services effective July 1, 2014.
Public Works Manager Judy Erlandson presented the staff report.
Mayor Marchand opened the public hearing. There were no speakers and the hearing was closed.
In response to questions by Mayor Marchand, Ms. Erlandson said that one e-waste item was allowed during on-call pick-up. She confirmed there were three special on-call pick-ups annually for three yards of waste that was included as part of service.
Ms. Erlandson clarified for CM Turner that e-waste was computer peripherals such as keyboards and not computer monitors.
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 2014-063 authorizing and updating Exhibit H of the Amended and Restated Agreement with Livermore Sanitation, Inc., to include rate Year Five Rate Adjustments.
5.02 Hearing to consider Appeal 13-001 of the December 17, 2013 Planning Commission decision denying Conditional Use Permit 13-008 for a wireless telecommunication facility on an existing PG&E tower.
- Location: East side of Ames Street, between Dalton Avenue and Raymond Road
- Appellant: Modus on behalf of AT&T Mobility
Recommendation: Staff recommended the City Council adopt a resolution approving Appeal 13-001, thereby approving Conditional Use Permit 13-008, subject to conditions, and adopt a Mitigated Negative Declaration for the project.
Senior Planner Scott Lee presented the staff report.
In response to questions by VM Woerner, Mr. Lee said with regards to graffiti abatement, the Conditions of Approval required the exterior plywood fence be coated with an anti-graffiti coating and any graffiti to be removed within 72-hours of notification by the carrier, AT&T.
Mayor Marchand opened the public hearing.
Jimmy Stillman, Senior Project Manager, Modus, authorized land use agent representing AT&T Mobility, said a redwood fence was an appropriate design and did not expand the footprint of the utility or existing infrastructure. He said the ordinance directs the colocation on these facilities rather than establishing new, free standing structures. He said there was a gap in coverage and staff made it clear that there were no existing AT&T sites north of I-580. He said this was a highly used residential area where coverage was outdoor at best with a lot of dropped calls. He described the other various locations that had been explored including open space with new construction.
In response to questions by Mayor Marchand, Mr. Stillman said the water tank location had been studied; there needed to be a much taller facility due to the topography, to fill the gap in coverage. He said PG&E had denied additional attachments to the pole in that area for structural reasons. He said burying the equipment was not a preferred option from a constructability standpoint would create a grounding concern for PG&E employees. He said AT&T would respond within 48 hours for a technician to remove any graffiti. Mr. Lee added that there was an underground gas main at the site which would preclude any undergrounding of equipment for safety reasons. Mr. Stillman stated that the coverage analysis had been provided to the Planning Commission with maps specifically looking at Dalton water tank. He said with the appeal, further maps were provided that showed this site and the site in Appeal 14-001, showing a more holistic view for the entire neighborhood.
Angie Perkins Haslam, Livermore, spoke against approval of the appeal. She expressed her concerns regarding the safety, dumping and graffiti, environmental issues and setting an unhealthy precedence for the area. She said the alternative locations were not clearly described in the report. She said the area was difficult to maintain and enforce regulations because of the boundaries between the City and the County, with code enforcement jurisdiction from the City, Sherriff, and CHP. She said residents of the community have been painting the walls, picking up trash and moving dumped items on a regular basis. She said the permit was requested to serve residents who largely do not live in her development. She said she has an AT&T cell phone and never had problems with service or dropped calls. She said the telecom facility should be moved closer to the area that needed better service. She requested the Council not adopt the resolution.
Mayor Marchand closed the public hearing.
Mayor Marchand said AT&T had committed to picking up trash, litter, dumped items and to provide graffiti abatement.
In response to questions by Mayor Marchand, Mr. Lee said the Conditions of Approval for the Conditional Use Permit contained the requirements which last for the life of the permit. He said the City owned the parcel; the City could withdraw the permit should a condition not be complied with.
CM Horner said he supported approval of the appeal; the colocation had been started by the Planning Commission several years ago and had proven to be very successful in reducing the visual clutter around the City. He said the maps show that it closes a gap in service area. He said a redwood fence inside of the footprint of the tower was compatible with land use. He supported the condition of painting the redwood light beige to blend and to make it easier to cover any future graffiti.
IT WAS MOVED BY CM HORNER TO APPROVE THE APPEAL WITH THE CONDITION THAT THE FENCE BE STAINED/PAINTED A LIGHT BEIGE COLOR.
CM GARY SECONDED THE MOTION.
CM Gary said he supported CM Horners findings on the coverage, the land use and the visual character.
THE MOTION CARRIED ON A 5-0 VOTE, AND THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION WITH THE FOLLOWING AMENDMENT TO THE CONDITIONS OF APPROVAL: #6. THE FENCE SHALL BE PAINTED OR STAINED A LIGHT BEIGE COLOR AND TREATED WITH AN ANTI-GRAFFITI COATING. GRAFFITI SHALL BE REMOVED BY AT&T MOBILITY OR THE CURRENT WIRELESS COMMUNICATION COMPANY OPERATING THE FACILITY WITHIN 72 HOURS OF BEING REPORTED.
Resolution 2014-064 approving Conditional Use Permit 13-008 (Appeal 13-001).
5.03 Hearing to consider Appeal 14-002 of the February 18, 2014 Planning Commission decision denying Conditional Use Permit 13-009 for a wireless telecommunication facility on an existing PG&E tower.
- Location: 1232 Arrowhead Avenue
- Appellant: Modus on behalf of AT&T Mobility
Recommendation: Staff recommended the City Council adopt a resolution approving Appeal 14-002, thereby approving Conditional Use Permit 13-009, subject to conditions.
Senior Planner Christine Rodrigues presented the staff report.
Mayor Marchand opened the public hearing.
Jimmy Stillman, Senior Project Manager, Modus, authorized land use agent representing AT&T Mobility, said the primary concerns related to this project related to potential noise impacts. The Arrowhead Avenue facility is significantly closer to residential uses; however changes had been made to eliminate the two primary noise generating devices. He said the emergency back-up generator had been completely eliminated from the scope of the project and the HVAC units had been replaced with an outdoor model with a custom 3-sided shelter to minimize the noise impacts. He said changes had been made to significantly benefit the City and surrounding residential neighborhoods.
In response to questions by CM Horner, Mr. Stillman said the only remaining equipment that generated any noise was a radio cabinet with a cooling fan with a minimal noise impact.
There were no more speakers and the hearing was closed.
ON THE MOTION OF CM HORNER, SECONDED BY CM TURNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2014-065 approving Conditional Use Permit 13-009 (Appeal 14-002).
6. MATTERS FOR CONSIDERATION
6.01 Discussion and direction regarding City Council appointments to Intergovernmental Agencies. None.
6.02 Housing Element Annual Progress Report for 2013.
Recommendation: Staff recommended the City Council review and accept the Housing Element Annual Progress Report for 2013.
Senior Planner Steve Stewart presented the staff report.
Mayor Marchand invited public comments. There were no speakers.
ON THE MOTION OF VM WOERNER, SECONDED BY CM GARY AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ACCEPTED THE REPORT.
6.03 Discussion and direction regarding the feasibility study on converting the former main library to a permanent Council Chambers, CIP No. 2004-39.
Recommendation: Staff recommended the City Council provide direction.
City Engineer Cheri Sheets and Building Official Will Crew presented the staff report.
Brian Dougherty and Gray Dougherty, Dougherty & Dougherty, consultants, presented the feasibility study of conversion of the former main library to a Council Chambers.
CM Gary said the former library deserved a dignified retirement; it was not a historic building. He said this was a 50 year old building that had come to end of life for a municipal building; it had outlived all codes and functionality and should not receive further investment. He said a financing plan for a project of this magnitude was needed to help establish when the City could afford this type of debt. The plan should include the demolition of the existing building now and restoring the site with drought tolerant landscaping. He said the site was a visual blight and a safety concern with hiding spots at night. He said staff should take the next year to obtain the construction costs and financing timeline for consideration in the next budget cycle.
In response to questions by Mayor Marchand, Community & Economic Development Director Stephan Kiefer said the Urban Area Security Initiative (UASI) grants were no longer available; staff was exploring other options.
Mayor Marchand invited public comments.
John Stein, Livermore, said the current Council Chambers was originally assembled in 1979 so it was now 35 years old. He said a new Chambers offered more flexibility but the former library could have possible re-uses that would not require major seismic upgrades and suggested office space or restaurants. He said a face lift could make it usable; however, the site did not have adequate parking.
Mayor Marchand said the former library building had served the City well but trying to reuse the existing building would be problematic. He said it was hard to believe it was just as expensive to retrofit an existing building as it was to tear down and build something new. He said the Peace Monument should be given some consideration should the existing building be demolished. He said the City needed to look at the financing strategies for all options.
VM Woerner agreed that there was not much of a future for the existing building. He asked how soon the financing strategy would be available for review.
In response to questions by VM Woerner, Community & Economic Development Director Stephan Kiefer said demolition costs had not been programmed into the upcoming Capital Improvement Plan. He said the cost for demolition of the building would be included in the financial strategy staff would be preparing for the conversion of the former library.
City Manager Marc Roberts said that during the next several months staff will prepare a financing plan, obtain demolition costs and a timeline based upon the Citys capacity.
CM Horner said the building had twice the amount of square footage that was needed. He questioned the possibility of sharing the space with another entity that could help finance the retrofit and renovation of the building. Having an additional revenue source would help to share the cost of $8.7 million when the City would not use half of the space. He said there could be partners to help with the financing plan. He said before the building was demolished, he would like to explore having a partner to help the City afford that building.
VM Woerner said there was additional space in the City Administration Building; if the City was going to explore a rental model, then the rest of the complex should be considered, too. He said it was compelling from the analysis that dealing with the old building was not cost effective. He said the City was not in any financial condition to start spending on a project like this. He said this was a project to plan for in the long term. He said the option of demolishing the building and creating a safe, useful open space was something to be seriously considered.
In response to questions by Mayor Marchand, Assistant Community & Economic Development Director Eric Uranga said the former library was approximately the same square footage as the Multi-Service Center.
Mr. Kiefer said this was the third time the former library had been evaluated. Each time the results were the same; the building systems were very outdated and a lot of money would be required to do any type of adaptive reuse within that existing building. In addition to the building systems, seismically it was an old design, had a concrete frame with a very heavy roof that would require a lot of money to seismically update. The end result would be a building not nearly as safe as a newly constructed building.
CM Turner said due to the closeness of the costs, it was a no brainer that the City should look at a new building at the point when the City could afford it.
Mr. Dougherty said upon reviewing all of the options and costs, it starts to become a push as to whether or not the City is going to spend more or less, going either direction, what the City wanted the outcome to be. Basically dealing with the existing building and the square footage, or dealing with something that could be custom designed from the ground up to be exactly what was desired.
VM Woerner said given that it was a push cost-wise, renovating the old building was not the right thing to do. Therefore, the City needed to think about how to deal with the old one as expeditiously as possible without committing to a new building.
In response to Mayor Marchands suggestion of selling the old building, Mr. Roberts said large portions of the property had deed restrictions on the resale of the property for a non-public use. He said the commercial use of the building was limited due to location, layout, and parking; the building was not set up as a commercial use. He said it would be very difficult to find someone with money to occupy the other half of the building. He said staff would include that option in the financing plan. He said he would be very surprised if the City found someone to pay their fair share half for half of the building.
The City Council directed staff to develop a financial strategy regarding the following options for the former main library location; the demolition of the existing building and redevelopment of the park using drought tolerant landscaping; renovation of the existing building for a new Council Chambers, with and without an EOC; and construction of a new Council Chambers, with and without an EOC. Staff was also directed to explore the possible lease/rental of surplus office space to help offset the cost of the conversion.
6.04 Emergency Mandatory Drought Conservation Measures.
Adoption of an emergency ordinance adding Chapter 13.27, Mandatory Drought Conservation Measures to the Municipal Code to prohibit wasteful water practices; to become effective immediately.
Introduction of an ordinance adding Chapter 13.27, Mandatory Drought Conservation Measures to the Municipal Code to prohibit wasteful water practices.
Introduction of an ordinance amending the lawn watering and landscape irrigation restrictions for a Stage 2 water shortage set forth in Subsection 13.26.090(B) in Chapter 13.26, Water Conservation, of Livermore Municipal Code Title 13, Public Services.
Recommendation: Staff recommended the City Council adopt the Emergency Mandatory Drought Conservation Measures Ordinance to become effective immediately; introduce ordinances adding Chapter 13.27, Mandatory Drought Conservation Measures and amending Chapter 13.26.090(B), Water Conservation, to the Municipal Code.
Public Works Director Dan McIntyre presented the staff report.
Mayor Marchand said the language outlining the odd-even schedule was ambiguous and allowed for carry-over of watering from one day to the next. He said this was a critical time and people needed to cut back 50% on outside irrigation and 5% inside.
In response to questions by CM Gary, Mr. McIntrye said the City of Pleasanton was considering a 25% reduction, Dublin San Ramon Sanitary District, 30%, City of Livermore, 30%, Cal Water a 20% reduction over the course of a year. He said the critical time, over the next four months, was a reduction of 50% for outdoor irrigation and 5% indoor. He said the three cities and the two water districts were all saying 50% outdoor conservation, 5% indoor.
VM Woerner expressed his concern regarding the metric used to base conservation. He said the real metric was to compare to the same period last year. He said the message on conservation was very confusing, along with the different tier structures. He said there needed to be a consistent message and make the message easier and more understandable.
Mr. McIntyre said although there were slight policy variations from each of the water providing agencies, there was unanimous agreement to reduce outdoor irrigation by 50%, reduce indoor by 5%, and irrigate no more than twice a week. By doing so, the Tri-Valley would get through the summer fine.
In response to questions by VM Woerner, Mr. McIntrye suggested using water wise strategies such as shorter showers would help to achieve the 5% indoor reduction. He said using the comparison from last years water bill would reflect if the 30% overall reduction had been met.
In response to questions by VM Woerner, Assistant Public Works Director Darren Greenwood said staff was focusing on a basic message to residents of simply reducing the amount of time on the sprinkler timers by 50% to reach the outdoor irrigation reduction.
CM Horner suggested the development of a graphic on the Citys water bill to demonstrate water usage and conservation for customers that were using more than the average.
CM Gary said Cal Water needed to increase its efforts with individual customer contact for those watering lawns during mid-day and afternoon; especially during the daylight windy hour period. He expressed concern regarding commercial users outside of the city limits watering during the daylight windy hours; and encouraged staff to assist customers with their bills and sprinkler timers.
ON THE MOTION OF CM TURNER, SECONDED BY VM WOERNER AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING EMERGENCY ORDINANCE TO BECOME EFFECTIVE IMMEDIATELY; AND INTRODUCED THE FOLLOWING ORDINANCES:
Ordinance 1995 adding Chapter 13.27, Mandatory Drought Conservation Measures to the Municipal Code to prohibit wasteful water practices.
Ordinance introduced adding Chapter 13.27, Mandatory Drought Conservation Measures to the Municipal Code to prohibit wasteful water practices.
Ordinance introduced amending the lawn watering and landscape irrigation restrictions for a Stage 2 water shortage set forth in Subsection 13.26.090(B) in Chapter 13.26, Water Conservation, of Livermore Municipal Code Title 13, Public Services.
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 April 30, 2014 he attended the meeting. The TVTC was very close to having an agreement on a new tri-valley transportation plan, action plan, and a fee update.
CM Turner said she would be attending the June 9th and June 23rd, 2014 City Council meetings via video-conferencing.
Advisory Body Interviews CM Turner and CM Horner requested the confirmation of the appointment of Shabana Shariff as an adult member on the Livermore Area Youth Advisory Commission be agendized for the June 9, 2014 City Council meeting.
Livermore Downtown Inc CM Gary said he attended the recent Board meeting.
Livermore-Pleasanton Fire Department Joint Powers Authority CM Gary said he attended the May 12, 2014 meeting.
Civic Appreciation Dinner VM Woerner said he attended the event on May 8, 2014.
Knights of Columbus VM Woerner said he was a judge at the annual rib cook-off.
Livermore Valley Wine Growers VM Woerner said he attended the annual charity event.
Summit on Homelessness Mayor Marchand spoke regarding the April 30, 2014 Summit on regional homelessness. He said over 200 people attended along with over a dozen service providers.
Tri-Valley Council Mayor Marchand said on May 5, 2014 he attended the meeting.
Chamber of Commerce Mayor Marchand said on May 5, 2014 he attended the meeting; there was a discussion on water issues.
Livermore Cultural Arts Council Mayor Marchand said on May 5, 2014 he attended the meeting.
Bike to Work Day Mayor Marchand said May 8, 2014 was Bike to Work Day. He said he cheered for the kids riding their bikes to school at Junction K-8.
Civic Appreciation Dinner Mayor Marchand said on May 8, 2014 he hosted the annual Civic Appreciation Dinner.
Innovation Tri-Valley Mayor Marchand said he attended the committee meeting; there was a budget discussion and a presentation on the Transportation Expenditure Plan.
Alameda County Transportation Commission (ACTC) Mayor Marchand said he attended the May 12, 2014 meeting with the I-580 Express Lane and the Planning, Policy and Legislative committees.
Livermore-Pleasanton Fire Department Joint Powers Authority Mayor Marchand said he attended the May 12, 2014 meeting.
Livermorium Day Mayor Marchand said the City would celebrate May 30th as Livermorium Day.
City Manager Marc Roberts expressed his appreciation to Assistant City Manager Troy Brown for serving as acting city manager during his recent leave of absence. He also expressed his appreciation to the Livermore Police Officers Association for their hard work during the recent contract negotiations.
Assistant City Manager Troy Brown clarified that staff would expand the analysis of cut-through traffic in south Livermore to address concerns expressed by Steven Kreek during Citizens Forum.
ADJOURNMENT - at 10:29 pm to the May 19, 2014 Budget Workshop at 7:00 pm, City Council Chambers, 3575 Pacific Avenue, Livermore, and the regular City Council meeting on June 9, 2014 at 7:00 pm, Council Chambers, 3575 Pacific Avenue, Livermore.
JOHN P. MARCHAND, MAYOR
SUSAN NEER, CITY CLERK