CITY COUNCIL
AGENDA
MONDAY, MAY
8, 2023
REGULAR HYBRID MEETING –
7:00 PM
MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
IN PERSON INFORMATION:
CIVIC CENTER MEETING HALL
CITY COUNCIL CHAMBERS
1016 S. LIVERMORE AVENUE
TELECONFERENCE INFORMATION:
ZOOM WEBINAR:
https://us02web.zoom.us/j/84562245445
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 845 6224 5445
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
Comcast TV Channel 29:
tv29.org
John P Marchand, Mayor
Brittni Kiick, Vice Mayor
Ben
Barrientos, Council Member
Evan Branning, Council Member
Robert W Carling, Council Member
Livermore City Council Agenda
May
8, 2023
1. CLOSED SESSION - NONE.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Proclamation designating May as Affordable Housing Month presented to Victoria Wong of MidPen Housing.
Recommendation:
Staff recommends the City Council designate May as Affordable Housing Month.
Staff Report
Attachments:
1. Proclamation
3.2 Proclamation declaring May 21-27, 2023, as Public Works Week in the City of Livermore presented to Scott Lanphier, City of Livermore Public Works Director.
Recommendation:
Staff recommends City Council declare May 21-27, 2023, as Public Works Week in the City of Livermore.
Staff Report
Attachments:
1. Proclamation
3.3 Confirmation of Advisory Body appointments to the Beautification Committee, Commission for the Arts, and the Library Board of Trustees, and direct the City Clerk to administer the oath of office.
Recommendation:
The City Council Subcommittee on Advisory Bodies recommends the City Council confirm the advisory body appointments to the Beautification Committee, Commission for the Arts, the Library Board of Trustees, and direct the City Clerk to administer the oath of office.
Staff Report
4. OPEN FORUM
ROLL CALL
Council Member Ben Barrientos
Council Member Evan Branning
Council Member Robert W. Carling
Vice Mayor Brittni Kiick
Mayor John Marchand
PLEDGE OF ALLEGIANCE
Livermore City Council Agenda
May
8, 2023
In conformance with the Brown Act, no City Council action can occur on items presented during Open Forum.
To provide public comment in person, please submit a speaker card. When your name is called, walk to the lectern to address City Council.
To provide public comment virtually, please log into Zoom and use the 'raise hand' feature.
Comments are limited to a maximum of 3 minutes per person, per item. The Mayor may reduce the amount of time based on the number of persons wishing to speak.
Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
Open Forum will conclude after 30 minutes; however, if there are additional speakers, Open Forum will reconvene before the meeting adjourns.
5. CONSENT CALENDAR
Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must submit a speaker card if in person or use the 'raise hand' feature if participating using Zoom. Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
5.1 Approval of draft minutes - April 24, 2023 Regular Meeting.
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. 2023-04-24 Draft Minutes
5.2 Waive the first reading and
Introduce an Ordinance
considering modifications to Livermore
Municipal Code Section 2.40.030 Eligibility, clarifying the ability of members to serve on one standing or ad hoc advisory body at any time.
Recommendation:
Staff recommends the City Council adopt an ordinance approving modifications to Livermore Municipal Code Section 2.40.030 Eligibility, clarifying the ability of members to serve on one standing or ad hoc advisory body at any time.
Staff Report
Attachments:
1. Redline Changes to Municipal Code
2. Ordinance
5.3 Resolution authorizing the execution of an agreement with Kemira Water Solutions, Inc., for the supply of ferric chloride for use at the Water Reclamation Plant in an amount not-to- exceed $
200,000.
Livermore City Council Agenda
May
8, 2023
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the execution of an agreement with Kemira Water Solutions, Inc., for the supply of ferric chloride for use at the Water Reclamation Plant in an amount not-to-exceed
$
200,000
.
Staff Report
Attachments:
1. Bay Area Chemical Consortium Award Letter
2. Resolution
3. Exhibit A - Kemira Water Solutions, Inc. Agreement for Services
5.4 Resolution of Intention to form Community Facilities District 2023-1 (Isabel Neighborhood Specific Plan) and Future Annexation Area pursuant to the Mello-Roos Community Facilities Act of 1982.
Recommendation:
Staff recommends the City Council take the following actions:
1 .
Accept the petition from property owner requesting initiation of formation of City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan) (the "CFD") to finance certain ongoing maintenance services, and waiving the otherwise-applicable election time periods;
2 .
Adopt a resolution of intention to form the CFD and Future Annexation Area for the CFD and call for a public hearing on June 12, 2023, to consider formation of the CFD and the Future Annexation Area.
Staff Report
Attachments:
1. CFD 2023-1 (Isabel Neighborhood Maintenance and Services) - Boundary Map
2. Landowner Petition
3. Resolution of Intention
4. Exhibit A - Description of Services
5. Exhibit B - Rate and Method of Apportionment
5.5 Resolution to terminate the water shortage emergency declared on September 27, 2021; deactivate all water use restrictions for Stage 1 and Stage 2 of the Water Shortage Contingency Plan; and deactivate Stage 1 water conservation rates.
Recommendation:
Staff recommends the City Council adopt a resolution to terminate the water shortage emergency declared on September 27, 2021; to deactivate all water use restrictions for Stage 1 and Stage 2 of the water shortage contingency plan; and deactivate Stage 1 water conservation rates.
Staff Report
Attachments:
1. Resolution
Livermore City Council Agenda
May
8, 2023
5.6 Resolution authorizing the display of the rainbow pride flag for the month of June 2023.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the display of the rainbow pride flag on the flagpole at the Civic Center Campus for the month of June 2023.
Staff Report
Attachments:
1. Resolution
6. PUBLIC HEARINGS
Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
6.1 Public hearing to approve the Livermore Sanitation, Inc. requested rate increase of 5.88% in the solid waste, recyclable materials, and compostable materials service rates to be effective July 1, 2023.
Recommendation:
Staff recommends the City Council adopt a resolution finding that the index-based rate adjustment is consistent with the methodology in the Franchise Agreement, therefore approving a 5.88% increase in the Solid Waste, Recyclable Materials, and Compostable Materials Service rates as set forth in the revised Exhibit H which is attached as Exhibit A to the resolution, effective July 1, 2023.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Rates for Rate Period Fourteen - Exhibit H
6.2 Hearing to
introduce an ordinance
amending Livermore Municipal Code (LMC) Chapter 9.40
- Fireworks, to include additional prohibitions and penalties related to the sale, possession, and use of fireworks.
Recommendation:
Staff recommends City Council introduce an ordinance amending LMC Chapter 9.40 - Fireworks, adding a social hosting provision and administrative fines and penalties.
Staff Report
Attachments:
1. Redline Changes to Municipal Code
2. Ordinance
7. MATTERS FOR CONSIDERATION - NONE.
Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
Livermore City Council Agenda
May
8, 2023
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS
9. ADJOURNMENT
To a Special Meeting on Monday, May 15, 2023 at 5:00 pm and a Regular City Council meeting on Monday, May 22, 2023 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.
10. SUPPLEMENTAL MATERIALS
10.1 Supplemental materials received prior to the meeting.
Staff Report
Attachments:
1. Supplemental Materials
11. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING
You can participate in the meeting in a number of ways:
Open Forum
is an opportunity for the public to speak regarding items not listed on the agenda. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of that item. To submit a comment using Zoom, you may use the 'raise hand' feature when the item begins. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda. However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.
Public Hearings -
The topic of the hearing is typically summarized by staff, followed by a presentation by the applicant, and questions from the City Council. The Mayor will then open the hearing to the public and offer an opportunity for public comments. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of the presentation of the item. To submit a comment using Zoom, you may use the 'raise hand' feature as soon as the item begins.
Other Agenda Items
are also open for public input including Consent Calendar or Matters for Consideration items. These comments are also subject to the 3-minute limit.
Special Meetings, Workshops -
The public will have the opportunity to address the City Council regarding the item that is the subject of the special meeting or workshop. Public comments are limited to a maximum of 3 minutes per person.
Platforms to Participate in Meetings:
Submission of Comments Prior to the Meeting:
Email Comments
may be submitted by the public to the City Clerk’s Office (
[email protected]
). Items received no later than 12:00 pm on the day of the
Livermore City Council Agenda
May
8, 2023
meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record.
eComments
may be submitted by the public using the eComment link
here
. Comments may
be up to 1000 characters in length and will be accepted up until 4:00 pm the day of the meeting. These items will NOT be read into the record and are viewable by the City Council and the public upon submittal.
Submission of Comments During the Meeting:
Speakers are limited to a maximum of 3 minutes per person. To submit a comment in person, you must complete a speaker card for each item. Speaker cards are available in the Civic Center Meeting Hall lobby. Indicate on the card the item number you wish to comment on and submit the card directly to the City Clerk prior to the start of the item. To submit a comment using Zoom, you may use the 'raise hand' feature. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda.
However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.
The City will be using YouTube and TV29 as two tools to provide the public access to view City Council meetings. No public comment will be accepted via YouTube.
TV29:
tv29live.org
Comcast Cable 29
YouTube:
http://youtube.com/c/CityofLivermoreCalifornia
Zoom Webinar:
https://us02web.zoom.us/j/84562245445
It is recommended residents use updated software to successfully join and participate in a meeting. Outdated versions may limit functionality and you may not be able to provide a public comment virtually. To download the most current version, visit zoom.us/download
.
Zoom dial in phone number: 1 669 900 6833
Meeting ID: 845 6224 5445
If you would like to deliver written materials to the City Council as part of your public comments, and are commenting in person, please provide 10 copies to the City Clerk with your speaker card. If you are commenting using Zoom, the speaker must identify that intent in his or her comment and immediately email the materials to the City Clerk at [email protected]
.
The
City Council Agenda and Agenda Reports
are prepared by City staff and are available
for public review on Tuesday evening, six days prior to the City Council meeting in the Civic Center Library, 1188 South Livermore Avenue, Livermore, and at the City Clerk’s Office, 1052 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, http://LivermoreCA.gov/agenda
.
Under Government Code §54957.5, any
supplemental material
distributed to the members
Livermore City Council Agenda
May
8, 2023
of the City Council after the posting of this agenda will be available for public review in the City Clerk’s Office, 1052 South Livermore Avenue, Livermore, and included in the agenda packet available on the City’s web site at
http://LivermoreCA.gov/agenda
.
PURSUANT TO TITLE II OF THE AMERICANS WITH DISABILITIES ACT (CODIFIED AT 42 UNITED STATES CODE SECTION 12101 AND 28 CODE OF FEDERAL REGULATIONS PART 35), AND SECTION 504 OF THE REHABILITATION ACT OF 1973, THE CITY OF
LIVERMORE DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION,
NATIONAL ORIGIN, ANCESTRY, SEX, DISABILITY, AGE OR SEXUAL ORIENTATION IN THE PROVISION OF ANY SERVICES, PROGRAMS, OR ACTIVITIES. TO ARRANGE AN
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE CONTACT THE ADA COORDINATOR AT [email protected] OR CALL (925) 960-4170 (VOICE) OR (925) 960- 4104 (TDD) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE OF THE MEETING.
Livermore City Council Agenda
May
8, 2023