MAY 8, 2023 Minutes CM/75/200
MINUTES
CIT
Y COUNCIL
MAY 08, 2023
________________________________________________________________ REG
ULAR MEETING
2. CAL
L TO O RDER – T he meeting of the City Council was called to or der by Mayor John Marchand at 7:00 pm, held in person at 1016 S. Livermore Avenue and remotely using Zoom and YouTube.
ROL
L CALL – Present: M ayor John Marchand, Vice Mayor Brittni Kiick and Council Members Ben Barrientos, Evan Branning and Robert W. Carling.
PLE
DGE OF ALLEGIANCE
3. PRO
CLAMATIONS AND PRESENTATIONS
3. 1 Proclamation designating May as Affordable Housing Month presented to Victoria Wong of MidPen Housing.
May
or Marchand presented the proclamation to Victoria Wong declaring May as Affordable Housing Month.
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.
May
or Marchand presented the proclamation to Scott Lanphier declaring May 21- 27, 2023 as Public Works Week.
3.3 Conf
irmation 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.
Beautification Committee
Reappointment to a regular term ending June 1, 2027
• Karen L. Jefferson
Commission for the Arts
Appointments to unexpired terms ending January 1, 2025
• Laurence E. Milder
• Rajagopal R. Kowligi
DocuSign Envelope ID: 8F8AEEC9-A5E2-4184-A1C4-02FC60872C73 CM/75/201 Minutes MAY 8, 2023
• Natalia Custodio
Library Board of Trustees
Appointments to regular terms ending June 1, 2026
• Michelle Ornat
• Nancy Olaverrieta
ON THE MOTION OF VM KIICK, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS.
Cit
y Clerk Marie Weber administered the oath of office.
4 . OPEN FORUM
Ma
yor Marchand opened the public comment period.
M
arc Roberts provided a comment.
A
lan Burnham provided a comment.
Ma
rti Sutton provided a comment.
Th
ere were no more more speakers and the public comment period was closed. 5 . C ONSENT CALENDAR
I
tem 5.6 Alexandria Izarraraz provided a comment.
ON
THE MOTION O F CM BARRIENTOS, SECO NDED BY VM KIICK , AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
5.1 Approval of draft minutes - April 24, 2023 Regular Meeting.
5. 2 Introduction of 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.
5.3 Resolution 2023-076 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-toexceed $200,000.
5.4 Resolution of Intention 2023- 077 to form Community Faci lities District 2023-1 (Isabel Neighborhood Specific Plan) and Future Annexation Area pursuant to the Mello-Roos Community Facilities Act of 1982.
5.5 Resolution 2023-078 to terminate the water shortage emergency declared on September 27, 2021; deactivate all water use restrictions for Stage 1 DocuSign Envelope ID: 8F8AEEC9-A5E2-4184-A1C4-02FC60872C73 MAY 8, 2023 Minutes CM/75/202
and Stage 2 of the Water Shortage Contingency Plan; and deactivate Stage 1 water conservation rates.
5.6 Resolution 2023-079 authorizing the display of the rainbow pride flag for the month of June 2023.
6 . PUBLIC HEARINGS
6 .1 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.
R
ecommendation: Staff recommended the Cit y 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.
Public Works Manager Judy Erlandson presented the staff report.
Ma
yor Marchand opened the public hearing.
T
here were no speakers and the hearing was closed.
ON
THE MOTION OF VM KIICK, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOL LOWING
RESOLUTION:
Res
olution 2023-080 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
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.
Re
commendation: Staff recommended the City Council City Council introduce an ordinance amending LMC Chapter 9.40 - Fireworks, adding a social hosting provision and administrative fines and penalties.
P
olice Sergeant Robert Lanam presented the staff report.
Ma
yor Marchand opened the public hearing.
T
here were no speakers and the hearing was closed.
DocuSign Envelope ID: 8F8AEEC9-A5E2-4184-A1C4-02FC60872C73 CM/75/203 Minutes MAY 8, 2023
ON THE MOTION OF CM CARLING, SECONDED BY VM KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCE:
O
rdinance introduced amending Livermore Municipal Code (LMC) Chapter
9.40 - Fireworks, to include additional prohibitions and penalties related to the sale, possession, and use of fireworks.
7 . MATTERS FOR CONSIDERATION – NONE.
8 . COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
T
HE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF
RECENTLY ATTENDED EVENTS AND MEETINGS IN ADDITION T O THE INFORMATION PROVIDED IN THE SUPPLEMENTAL PACKET. COUNCIL
MEMBERS WHO DID NOT PROVIDE A SUMMARY IN THE SUPPLEMENTAL PACKET ARE INCLUDED BELOW.
Bot
hwell Art Show CM Barrientos noted his attendance at the event.
E
ducation Foundation Fundraiser CM Carling noted his attendance at the event on April 27, 2023.
E
ast Bay Jazz All Stars CM Carling noted his attendance at the Bankhead event on April 30, 2023.
A
sian Her itage Celebration CM Carling noted his atten dance at the event in Dublin on May 6, 2023.
9 . ADJOURNMENT – at 8:12 pm to a Special Meeting on Monday, May 15, 2023 at 5:00 pm and a Regular City Counc il 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.
APPR
OVED:
J OHN P. MARCHAND, MAYOR
ATTEST:
M ARIE WEBER, CITY CLERK
DocuSign Envelope ID: 8F8AEEC9-A5E2-4184-A1C4-02FC60872C73