Agenda packet — Livermore City Council, March 28, 2022

CITY COUNCIL
AGENDA
MONDAY, MARCH 28, 2022
VIRTUAL REGULAR MEETING –
7:00 PM
CLOSED SESSION - 6:00 PM
TELECONFERENCE:

MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
ZOOM WEBINAR:
https://us02web.zoom.us/j/88498502586
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 884 9850 2586
Bob Woerner, Mayor
Regina Bonanno, Vice Mayor
Robert W Carling, Council Member
Brittni Kiick, Council Member
Trish Munro, Council Member
Livermore City Council Agenda
March 28, 2022

1 1.

CLOSED SESSION - 6:00 P.M.

Roll Call
Opportunity for the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session

Note:

This Closed Session may be continued to the end of the Regular Meeting.

1.1 PUBLIC EMPLOYEE EMPLOYMENT: Public employee recruitment pursuant to Government Code section 54957(b).

Title of position to be filled: City Manager.

1.2 CONFERENCE WITH LABOR NEGOTIATORS: To meet with Gary Phillips, the City’s negotiator, pursuant to Government Code section 94957.6 regarding negotiations for salary, compensation, and other terms and conditions of employment.

Unrepresented employee title: City Manager

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 2021 Livermore Phishing Award presented by Cybersecurity Manager Donald Hester to Public Works Management Analyst Anthony Smith

4. CITIZENS FORUM

In conformance with the Brown Act, no City Council action can occur on items presented during Citizens Forum.

Please log into Zoom to provide verbal public comment during the City Council Meeting.

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.

Citizens Forum will conclude after 30 minutes; however, if there are additional speakers, Citizens 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

ROLL CALL

Council Member Robert W. Carling
Council Member Brittni Kiick
Council Member Trish Munro
Vice Mayor Regina Bonanno
Mayor Bob Woerner

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION

Livermore City Council Agenda
March 28, 2022

2 single action. Members of the audience wishing to provide public input must use the raise hand feature.

5.1 Approval of draft minutes - March 9, 2022 Special Meeting, March 11, 2022 Special Meeting, March 14, 2022 Regular Meeting, and March 21, 2022 Special Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

1. 2022-03-09 Draft Meeting Minutes

2. 2022-03-11 Draft Meeting Minutes

3. 2022-03-14 Draft Meeting Minutes

4. 2022-03-21 Draft Meeting Minutes

5.2 Resolution authorizing the City Manager to execute the first amendment to the agreement with Barry & Wynn Architects Inc. increasing the not-to-exceed contract amount from $313,040 to $462,540 and extending the term of the agreement for the City Hall HVAC and Central Plant Chiller Replacement, Project No. 2018-30 to December 31, 2023

Recommendation:

Staff recommends City Council adopt a resolution authorizing the City Manager to execute the First Amendment to the agreement with Barry & Wynn Architects Inc. increasing the not-to- exceed contract amount from $313,040 to $462,540 and extending the term of the agreement for the City Hall HVAC and Central Plant Chiller Replacement, Project No. 2018-30.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - First Amendment to Engineering Services Agreement with Barry & Wynn Architects, Inc.

5.3 Resolution authorizing execution of an agreement with EOA, Inc. for stormwater regulatory compliance assistance in an amount not-to-exceed $120,000

Recommendation:

Staff recommends that the City Council adopt a resolution authorizing the execution of an agreement with EOA, Inc. for stormwater regulatory compliance assistance in an amount not- to-exceed $120,000.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Professional Services Agreement with EOA, Inc.

5.4 Resolution authorizing an agreement with Rincon Consultants, Inc., to provide on-call professional planning services in an amount not-to-exceed $316,797 and a supplemental appropriation of $86,160 for the cost of the agreement in Fiscal Year 2021-22.

Livermore City Council Agenda
March 28, 2022

3 Recommendation:

Staff recommends the City Council adopt a resolution authorizing the execution of an agreement with Rincon Consultants, Inc., in an amount not to exceed $316,797 to provide professional planning services, and a supplemental appropriation of $86,160 from the General Fund to cover the cost of the agreement for Fiscal Year 2021-22.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Agreement with Rincon Consultants, Inc.

5.5 Resolution authorizing a lease agreement with Axis Community Health for medical clinic and office space at the Multi-Service Center, 3311 Pacific Avenue

Recommendation:

Staff recommends the City Council adopt a resolution authorizing execution of a lease agreement with Axis Community Health for medical clinic and office space at the Multi-Service Center, 3311 Pacific Avenue.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Signed Lease Agreement

5.6 Resolution authorizing the City Manager to sign the Memorandum of Understanding with the Alameda County Department of Environmental Health for SB 1383 edible food recovery inspection services

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to sign the Memorandum of Understanding with the Alameda County Department of Environmental Health for SB 1383 edible food recovery inspection services.

Staff Report

Attachments:

1. Resolution

2. Exhibit A -
Retail Food Facility MOU SB 1383 Edible Food Recovery between the City of Livermore and Alameda County Department of Environmental Health

5.7 Resolution approving the Altamont Settlement Agreement Education Advisory Board's Expenditure Plan for FY 2022-23

Recommendation:

Staff recommends the City Council adopt a resolution approving the Altamont Settlement Agreement Education Advisory Board's $600,000 Expenditure Plan for FY 2022-23.

Staff Report

Livermore City Council Agenda
March 28, 2022

4 Attachments:

1. 2021 Annual Report

2. Resolution

3. Exhibit A - 2022 Expenditure Plan

5.8 Resolution rescinding the previous Recycled Procurement Policy and replacing with an Environmentally Preferable Purchasing and Practices policy

Recommendation:

Staff recommends the City Council adopt a resolution rescinding the previous Recycled Procurement Policy and replace it by approving an Environmentally Preferable Purchasing and Practices policy.

Staff Report

Attachments:

1. RPP Resolution 1992-236

2. Resolution

3. Exhibit A - Environmentally Preferable Purchasing and Practices Policy

6. PUBLIC HEARINGS

6.1 7:05 P.M. -
Introduction of an Ordinance
amending Title 2, Chapter 2.14,
Elections
, of the
Livermore Municipal Code regarding City Council Districts and amending the boundaries and descriptions of the districts as indicated in Exhibit A

Recommendation:

Staff recommends City Council introduce an Ordinance amending Title 2, Chapter 2.14, Elections
, of the Livermore Municipal Code updating the City Council District Map and amending the boundaries and descriptions of each District.

Staff Report

Attachments:

1. Proposed Final Map

2. Proposed Final Map Demographics

3. Ordinance

4. Exhibit A - Amended and Restated Chapter 2.14, Election

5. Exhibit B - District Map

6.2 Hearing to consider the Housing Element Annual Progress Report, which tracks the City’s progress towards implementing the Housing Element of the General Plan and meeting its Regional Housing Need Allocation (RHNA), pursuant to Government Code Section 65400

Recommendation:

Staff recommends the City Council adopt a resolution accepting the 2021 Housing Element Annual Progress Report.

Staff Report

Attachments:

Livermore City Council Agenda
March 28, 2022

5 1. 2021 Affordable For-Sale Prices and Rental Rates

2. Resolution

3. Exhibit A - 2021 Housing Element Annual Progress Report

7. MATTERS FOR CONSIDERATION

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS

9. ADJOURNMENT

To a Regular City Council meeting on April 11, 2022 at 7:00 p.m., Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue, and held virtually using Zoom.

10. SUPPLEMENTAL MATERIALS

10.1 Supplemental materials received prior to the meeting.

Staff Report

Attachments:

1. Supplemental Materials

HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING

You can participate in the meeting in a number of ways:

Citizens 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 submit a comment using Zoom, you may use the 'raise hand' feature. You should be aware 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 questions from the City Council and a presentation by the applicant. The Mayor will then open the hearing to the public and offer an opportunity for public comments. You may use the 'raise hand' feature in Zoom and take 3 minutes to make your comments.

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 Virtual Meetings:

Submission of Comments Prior to the Meeting:

Email Comments
may be submitted by the public to the City Clerk’s Office Livermore City Council Agenda
March 28, 2022

6 (
[email protected]
). Items received no later than 12:00 pm on the day of the 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 4PM the day of the meeting. These items will NOT be read into the record and are viewable by the the City Council and the public upon submittal.

Submission of Comments During the Meeting:

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

YouTube:

h
ttp://youtube.com/c/CityofLivermoreCalifornia
Zoom Webinar:

https://us02web.zoom.us/j/88498502586
Zoom dial in phone number:

1 669 900 6833
Meeting ID: 884 9850 2586
If you would like to deliver written materials to the City Council as part of their electronic comments during a meeting, the speaker must identify that intent in his or her comment submitted 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://cityoflivermore.net/agenda
.

Under Government Code §54957.5, any
supplemental material
distributed to the members 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://cityoflivermore.net/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, Livermore City Council Agenda
March 28, 2022

7 Attachments:

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.

Zoom Interpretation Instructions (Instrucciones de interpretación de Zoom)

1. Participation Instructions
Livermore City Council Agenda
March 28, 2022

8 CITY COUNCIL STAFF REPORT
ITEM NO. 5.1

DATE:

March 28, 2022
TO:

Honorable Mayor and City Council
FROM:

Marie Weber, Acting Administrative Services Director
SUBJECT:

Approval of draft minutes - March 9, 2022 Special Meeting, March 11, 2022 Special Meeting, March 14, 2022 Regular Meeting, and March 21, 2022 Special Meeting.

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. 2022-03-09 Draft Meeting Minutes

2. 2022-03-11 Draft Meeting Minutes

3. 2022-03-14 Draft Meeting Minutes

4. 2022-03-21 Draft Meeting Minutes

Prepared by: Marie Weber
City Clerk

DRAFT MINUTES

CITY COUNCIL
MARCH 9, 2022
________________________________________________________________

CLOSED SESSION

1. CALL TO ORDER – The Closed Session of the City Council was called to order by Mayor Bob Woerner at 4:30 pm, held via teleconference using Zoom and YouTube.

2. ROLL CALL – Present: Mayor Bob Woerner, Vice Mayor Regina Bonanno, and Council Members, Robert W. Carling, Brittni Kiick and Trish Munro.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL
REGARDING CLOSED SESSION ITEMS.

Mayor Woerner opened the public comment period.

There were no speakers and the hearing was closed.

1. ADJOURN TO CLOSED SESSION

3.1 PUBLIC EMPLOYEE EMPLOYMENT: Public employee recruitment pursuant to Government Code section 54957(b).

Title of position to be filled: City Manager.

REPORT OF ACTION TAKEN IN CLOSED SESSION
Mayor Woerner said there was no reportable action.

8. ADJOURNMENT – at 9:27 pm to a Special City Council meeting on March 11, 2022 at 12:30 p.m. regarding the City Manager recruitment and a Regular City Council Meeting on March 14, 2022 at 7:00 p.m., both held virtually using Zoom..

APPROVED:

BOB WOERNER, MAYOR
ATTEST:

MARIE WEBER, CITY CLERK
10 ATTACHMENT 2
MARCH 11, 2022 Minutes CM/74/549

DRAFT MINUTES

CITY COUNCIL
MARCH 11, 2022
________________________________________________________________

CLOSED SESSION

1. CALL TO ORDER – The Closed Session of the City Council was called to order by Mayor Bob Woerner at 12:30 pm, held via teleconference using Zoom and YouTube.

2. ROLL CALL – Present: Mayor Bob Woerner, Vice Mayor Regina Bonanno, and Council Members, Robert W. Carling, Brittni Kiick and Trish Munro.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL
REGARDING CLOSED SESSION ITEMS.

Mayor Woerner opened the public comment period.

There were no speakers and the hearing was closed.

1. ADJOURN TO CLOSED SESSION

3.1 PUBLIC EMPLOYEE EMPLOYMENT: Public employee recruitment pursuant to Government Code section 54957(b).

Title of position to be filled: City Manager.

REPORT OF ACTION TAKEN IN CLOSED SESSION
Mayor Woerner said there was no reportable action.

8. ADJOURNMENT – at 5:38 pm to a Regular City Council Meeting on March 14, 2022 at 7:00 p.m., held virtually using Zoom.

APPROVED:

BOB WOERNER, MAYOR
ATTEST:

MARIE WEBER, CITY CLERK
11 ATTACHMENT 3
MARCH 14, 2022 Minutes CM/74/435

DRAFT MINUTES

CITY COUNCIL
MARCH 14, 2022
________________________________________________________________

CLOSED SESSION
CALL TO ORDER – The Closed Session of the City Council was called to order by Mayor Bob Woerner at 6:30 pm, held via teleconference using Zoom and YouTube.

ROLL CALL – Present: Mayor Bob Woerner, Vice Mayor Regina Bonanno, and Council Members, Robert W. Carling, Brittni Kiick and Trish Munro.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL
REGARDING CLOSED SESSION ITEMS.

Mayor Woerner opened the public comment period.

There were no speakers and the public comment period was closed.

1. ADJOURN TO CLOSED SESSION

1.1 Conference with Legal Counsel - Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated. (One case) Livermore v. The Alameda County Board of Supervisors, et al., Alameda County Superior Court Case No. RG18906336.
________________________________________________________________

REGULAR MEETING

2. CALL TO ORDER – The meeting of the City Council was called to order by Mayor Bob Woerner at 7:00 pm, held via teleconference using Zoom and YouTube.

ROLL CALL – Present: Mayor Bob Woerner, Vice Mayor Regina Bonanno and Council Members Robert W. Carling, Brittni Kiick and Trish Munro

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION
12 CM/74/436 Minutes MARCH 14, 2022
City Attorney Jason Alcala said there was no reportable action.

Mayor Woerner reordered the agenda to hear Item 6.1 first.

6.1 7:05 P.M. - Fourth Public Hearing to receive public input on the composition of City Council voting district draft maps, select a final map, provide any final direction to the City's demographer, and instruct staff to return with an Ordinance to adopt the final map at a future City Council meeting.

Recommendation: Staff recommended the City Council conduct a public hearing to receive input on draft redistricting maps, select a final map and provide any final direction to the demographer.

City Clerk Marie Weber presented the staff report.

City demographer Michael Wagaman presented the draft maps and live editing.

Mayor Woerner opened the public hearing.

Alan Burnham provided comment.

There were no more speakers and the hearing was closed.

The City Council provided direction to the demographer regarding amendments to the Cardinal map.

ON THE MOTION OF VM BONANNO, SECONDED BY CM MUNRO AND
CARRIED ON A 5-0 VOTE, THE CITY COUNCIL PROVIDED DIRECTION TO

PREPARE THE CARDINAL MAP AS AMENDED AND AUTHORIZING THE DEMOGRAPHER TO MAKE NON-SUBSTANTIVE TECHNICAL CHANGES.

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Confirmation of City Historian Appointment
Recommendation: The Historic Preservation Commission and staff recommended the City Council reappoint Richard Finn as City Historian, to a term ending February 1, 2024. The City Clerk is directed to schedule an individual meeting to administer the oath of office.

ON THE MOTION OF VM BONANNO, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE
APPOINTMENT.

4. CITIZENS FORUM
Mayor Woerner opened the public comment period.
13 ATTACHMENT 3
MARCH 14, 2022 Minutes CM/74/437
Alan Marling provided a comment.

Carrie Oldes, Spectrum Community Services Program Manager (Meals on Wheels) provided a comment.

Jackie Cota provided a comment.

Alan Burnham provided a comment.

There were no more more speakers and the public comment period was closed.

5. CONSENT CALENDAR
Mayor Woerner opened the public comment period.

Item 5.6 Jackie Cota provided a comment.

There were no more speakers and the public comment period was closed.

ON THE MOTION OF CM CARLING, SECONDED BY MAYOR WOERNER, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

5.1 Approval of draft minutes - February 22, 2022 Special Meeting, February 28, 2022 Regular Meeting, and March 1, 2022 Special Meeting Recommendation: Staff recommended the City Council approve the draft minutes.

5.2 Resolution 2022-023 authorized a supplemental appropriation of $20,000 from the Human Services Facilities Fees Fund and acceptance for permanent maintenance and release of security for the Multi-Service Center Improvements including interior improvements, ADA Accessibility upgrades, and COVID hardening measures, Project No. 2020-32
Recommendation: Staff recommended the City Council adopt a resolution authorizing a supplemental appropriation of $20,000 from the Human Services Facilities Fees Fund (Fund 333) in the Fiscal Year 2021-22 and authorizing the acceptance for permanent maintenance and release of the security bonds for the Multi-Service Center Improvements, Project 2020-32.

5.3 Resolution 2022-024 authorized sole sourcing equipment and instruments from brands including Vulcan Industries, JWC Environmental, Trumbull, Ges Biotek, Allen-Bradley, and VEGA to match existing equipment compatibility for the construction of the Water Reclamation Plant's Primary and Secondary Treatment Improvements Phase 1, Project No. 2019-31 Recommendation: Staff recommended the City Council adopt a resolution pursuant to Section 2.68.550(C) of the Livermore Municipal Code (LMC), 14 CM/74/438 Minutes MARCH 14, 2022
authorizing sole sourcing specific brands of equipment and instruments for the construction of the Water Reclamation Plant's (WRP) Primary and Secondary Treatment Improvements Project No. 2019-31.

5.4 Resolution 2022-025 ratified the submission of an application for grant funding from the Department of Water Resources in the amount of $2,000,000 and designating the City Manager to execute the agreement and any amendments thereto for Arroyo Las Positas Desilting through the Las Positas Golf Course (LPGC), Project No. 2020-15.

Recommendation: Staff recommended the City Council adopt a resolution ratifying the February 9, 2022, application submission for grant funding from the Department of Water Resources in the amount of $2,000,000 and designating the City Manager to execute the agreement and any amendments thereto for the Arroyo Las Positas Desilting through LPGC Project No. 2020-15.

5.5 Resolution 2022-026 declared non-complying parcels a public nuisance requiring abatement, directing staff to proceed with the annual Fire Hazard Abatement Program, and set a public hearing date of April 25, 2022, to receive protests and direct staff to proceed with field abatement work Recommendation: Staff recommended that the City Council adopt a resolution declaring non-complying parcels a public nuisance requiring abatement, direct staff to proceed with the annual Fire Hazard Abatement Program, and set a public hearing date of April 25, 2022, to receive protests and direct staff to proceed with field abatement work.

5.6 Resolution 2022-027 of a continued local emergency and reauthorizing remote teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361
Recommendation: Staff recommends City Council adopt a resolution of a continued local emergency and reauthorizing remote teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361.

6. PUBLIC HEARINGS
ITEM 6.1 – Mayor Woerner reordered the agenda to hear Item 6.1 at the beginning of the meeting.

7. MATTERS FOR CONSIDERATION

7.1 Resolution 2022-028 authorizing the execution of an agreement with the City of Pleasanton and the Dublin San Ramon Services District to construct and operate a temporary joint-use residential recycled water fill station and appropriating $378,333 for FY 2021-22 and $100,00 for FY 2022- 23 for this purpose
15 ATTACHMENT 3
MARCH 14, 2022 Minutes CM/74/439
Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to sign an agreement with the Dublin San Ramon Services District (DSRSD) and the City of Pleasanton to provide a temporary joint-use residential recycled water fill station and appropriating $378,333 for FY 2021-22 and $100,00 for FY 2022-23 for this purpose.

Public Works Director Scott Lanphier presented the staff report.

Mayor Woerner opened the public comment period.

There were no speakers and the public comment period was closed.

ON THE MOTION OF CM MUNRO, SECONDED BY CM KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING

RESOLUTION
Resolution 2022-028 Authorizing Execution of an Agreement with the City of Pleasanton and the Dublin San Ramon Services District to Construct and Operate a Joint-Use Residential Recycled Water Fill Station and Appropriating Funds to This End

7.2 Resolution approving the Draft Vision Statement and Guiding principles for the 2045 General Plan Update
Recommendation: The City Council General Plan Vision Statement Subcommittee and staff recommended the City Council adopt a resolution approving the Draft Vision Statement and Guiding Principles for the 2045 General Plan Update.

Senior Planner Andy Ross presented the staff report.

Mayor Woerner opened the public comment period.

There were no speakers and the public comment period was closed.

ON THE MOTION CM MUNRO, SECONDED BY MAYOR WOERNER AND
CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION WITH EDITS PROVIDED BY THE CITY COUNCIL:

Resolution 2022-029 Approving the 2045 General Plan Draft Vision Statement and Guiding Principles with the following changes to the vision statement:
a) Reword the first sentence with the following language “Individuals flourish and people with diverse experiences and perspectives work together”
b) Remove the word “unique” in the first sentence

7.3 Discussion and direction regarding the City's Sister City relationship with Snezhinsk, Russia
16 CM/74/440 Minutes MARCH 14, 2022
Recommendation: Staff recommended the City Council discuss and provide direction on the City's Sister City relationship with Snezhinsk, Russia.

Assistant City Manager Christine Martin presented the staff report.

Mayor Woerner opened the public comment period.

Jean King provided comment.

Donna Cabanne provided comment.

Jackie Cota provided comment.

There were no more speakers and the public comment period was closed.

ON THE MOTION OF VM BONANNO, SECONDED BY CM MUNRO AND
CARRIED ON A 5-0 VOTE, THE CITY COUNCIL PROVIDED DIRECTION TO

STAFF TO WRITE AND SEND A LETTER TO SNEZHINSK, RUSSIA

MUNICIPALITY WITH OVERSIGHT FROM MAYOR WOERNER AND POST THE LETTER TO THE CITY’S WEBSITE

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
Hybrid Meetings , City Manager Marc Roberts reported April will begin in- person/hybrid meetings for City Council and in-person only for advisory body meetings.

Administrative Services Director , City Manager Marc Roberts introduced Tina Olson as the City’s new Administrative Services Director.

Downtown Construction , City Manager Marc Roberts provided an update on the construction timeline in downtown Livermore.

Livermore Amador Valley Transit Authority (LAVTA) , CM Kiick reported attendance at the march 7, 2022 board of directors meeting.

Trauma Center Support, City Council provided direction to staff to work with the cities of Tracy, Mountain House, and Manteca to request a letter of support for the trauma center.

Intergovernmental Agencies , Mayor Woerner announced changes to the intergovernmental agencies membership roster: 1) Alameda County Transportation Commission (ACTC) - VM Bonanno appointed as delegate and Mayor Woerner as alternate; 2) Livermore-Dublin Liaison Committee - Mayor Woerner will replace Vice Mayor Bonanno as the member.

CITY COUNCIL PROVIDED DIRECTION TO STAFF TO GET AN UPDATE

FROM LIVERMORE AREA RECREATION AND PARK DISTRICT (LARPD) ON 17 ATTACHMENT 3
MARCH 14, 2022 Minutes CM/74/441

THE FUTURE OF THE BARN LOCATED BEHIND CITY HALL

8. ADJOURNMENT – at 9:18 pm a regular City Council Meeting on March 28, 2022 at 7:00 p.m. held virtually using Zoom.

APPROVED:

BOB WOERNER, MAYOR
ATTEST:

MARIE WEBER, CITY CLERK
18 ATTACHMENT 4
MARCH 21, 2022 Minutes CM/74/549

DRAFT MINUTES

CITY COUNCIL
MARCH 21, 2022
________________________________________________________________

CLOSED SESSION

1. CALL TO ORDER – The Closed Session of the City Council was called to order by Mayor Bob Woerner at 5:00 pm, held via teleconference using Zoom and YouTube.

2. ROLL CALL – Present: Mayor Bob Woerner, Vice Mayor Regina Bonanno, and Council Members, Robert W. Carling, Brittni Kiick and Trish Munro.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL
REGARDING CLOSED SESSION ITEMS.

Mayor Woerner opened the public comment period.

There were no speakers and the hearing was closed.

1. ADJOURN TO CLOSED SESSION

3.1 PUBLIC EMPLOYEE EMPLOYMENT: Public employee recruitment pursuant to Government Code section 54957(b).

Title of position to be filled: City Manager.

REPORT OF ACTION TAKEN IN CLOSED SESSION
City Attorney Jason Alcala said there was no reportable action.

8. ADJOURNMENT – at 5:39 pm to a Special City Council meeting on March 22, 2022 at 1:00 p.m. and a regular City Council meeting on March 28, 2022 at 7:00 p.m., held virtually using Zoom.

APPROVED:

BOB WOERNER, MAYOR
ATTEST:

MARIE WEBER, CITY CLERK
19 CITY COUNCIL STAFF REPORT
ITEM NO. 5.2

DATE:

March 28, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing the City Manager to execute the first amendment to the agreement with Barry & Wynn Architects Inc. increasing the not-to-exceed contract amount from $313,040 to $462,540 and extending the term of the agreement for the City Hall HVAC and Central Plant Chiller Replacement, Project No. 2018-30 to December 31, 2023

RECOMMENDED ACTION

Staff recommends City Council adopt a resolution authorizing the City Manager to execute the First Amendment to the agreement with Barry & Wynn Architects Inc. increasing the not-to-exceed contract amount from $313,040 to $462,540 and extending the term of the agreement for the City Hall HVAC and Central Plant Chiller Replacement, Project No. 2018-30.

SUMMARY
On July 16, 2020, the City entered into an Engineering Services Agreement in the amount of $313,040 with Barry & Wynn Architects Inc. to prepare construction drawings, specifications and provide engineering construction support for the City Hall HVAC and Central Plant Chiller Replacement Project 2020-15. These services included an evaluation of the existing HVAC systems for both the Police Department and City Hall buildings, repair and replacement options, preparation of detailed construction documents including drawings and specifications, construction cost estimates, bidding assistance, permitting assistance, and engineering construction support.

Staff is now seeking approval of a First Amendment which includes additional design and construction engineering support services for upgrading the existing HVAC control systems and supporting equipment in City Hall to a DDC (direct digital controls) system as well providing commissioning services for the improvements made at City Hall, the Police Department, and the Central Plant to make sure all equipment installed is functioning efficiently and meeting all requirements of the design. This First Amendment increases compensation by $149,500 to a total not-to-exceed amount of $462,540. The First Amendment also extends the term of the agreement to December 31, 2023.

DISCUSSION
20 City Hall and the Police Department buildings are heated by a system of boilers and pumps and cooled by a cooling tower and chillers known as the Central Plant, located behind the Police Department building. Hot and cool water is pumped through an underground looped pipe system to both buildings, while temperature control is managed by a series of thermostats. The heating and cooling system has been in place since the buildings were constructed approximately 20 years ago. Major portions of the system are at the end of their useful life and experience periodic failures resulting in excessive maintenance costs. It is also becoming increasingly difficult to obtain certain replacement parts, because they are no longer supported by the vendors. The system is no longer performing efficiently. An updated HVAC system will also result in better internal air quality, with more fresh air entering the buildings.

Barry & Wynn Architect's investigation of the existing heating and cooling system for the Police building and City Hall concluded that the highest priorities for repairs were to replace the two main chillers and three boilers and associated supporting equipment located in the Central Plant. The original design services agreement also included the addition of mini-split HVAC units for the Police 911 office and main information technology room.

The First Amendment includes preparation of detailed construction documents including drawings and specifications, construction cost estimates, bidding assistance and engineering support services for additional improvements that include upgrading the existing HVAC control systems and supporting equipment in City Hall to a DDC (direct digital controls) system and upgrading controls to include CO2 monitoring. The First Amendment also provides commissioning services for the improvements made at City Hall, the Police Department, and the Central Plant to make sure all equipment installed is functioning efficiently and meeting all requirements of the design.

The First Amendment will increase the total not-to-exceed amount of the original agreement by $149,500 to a total not-to-exceed amount of $462,540. This total amount is approximately 11.5% of the $4 million construction cost estimate, which is within the standard range for design and construction support services. The First Amendment also extends the term of the agreement by one and a half years to December 31, 2023. Extra time was required as the consultant worked with maintenance staff and the engineering division to prioritize improvements and fit them within the budget. The extended agreement term covers the end of the construction, preparation of as-builts, and assistance during the maintenance period if needed.

FISCAL AND ADMINISTRATIVE IMPACTS

The City Hall HVAC and Central Plant Chiller Replacement Project 2018-30 is included in the FY 2021- 23 Capital Improvement Program for $2.8 million in each fiscal year, 2021-22 and 2022-23, for a total of $5.6 million. This amendment increases the not-to-exceed contract amount of the original agreement by $149,500 from $313,040 to $462,540. Current funding with Facilities Rehabilitation Program (Fund 740) covers this contract amendment and $149,500 increase in compensation as well as anticipated remaining construction, inspection, materials testing, and project management costs. Therefore, no additional appropriations are requested at this time.

ATTACHMENTS

1. Resolution

2. Exhibit A - First Amendment to Engineering Services Agreement with Barry & Wynn 21 Architects, Inc.

Prepared by: Joel Waxdeck
Assistant City Engineer

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olsen
Administrative Services Director
22 RESOLUTION NO. ______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE

FIRST AMENDMENT TO THE ENGINEERING SERVICES AGREEMENT
WITH BARRY & WYNN ARCHITECTS, INC. INCREASING THE NOT-TO- EXCEED CONTRACT AMOUNT FROM $313,040 TO $462,540 AND

EXTENDING THE TERM OF THE AGREEMENT
(CITY HALL HVAC AND CENTRAL PLANT CHILLER REPLACEMENT
PROJECT NO. 2018-30)
On July 16, 2020, the City and Barry & Wynn Architects, Inc. (“Consultant”) entered into an agreement in the amount of $313,040 for Consultant to prepare construction drawings, specifications and provide engineering construction support for the City Hall HVAC and Central Plant Chiller Replacement Project 2018-30 (“Original Agreement”). These services included an evaluation of the existing HVAC systems for both the Police Department and City Hall buildings, repair and replacement options, preparation of detailed construction documents including drawings and specifications, construction cost estimates, bidding assistance, permitting assistance, and engineering construction support.

City and Consultant now desire to amend the Original Agreement to increase the not-to-exceed contract amount from $313,040 to $462,540 and extend the term of the agreement to December 31, 2023. Required extra services include providing design and construction engineering support services for upgrading the existing HVAC control systems and supporting equipment in City Hall to a DDC (direct digital controls) system as well as providing commissioning services for the Civic Center Central Plant, Police Facility, and City Hall to make sure all equipment installed is functioning efficiently and meeting all requirements of the design. This is the First Amendment to the Original Agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livermore authorizes the City Manager to sign, on behalf of the City of Livermore, the First Amendment to the Engineering Services Agreement with Barry & Wynn Architects, Inc., attached hereto as Exhibit A, to increase the not-to-exceed contract amount from $313,040 to $462,540 and extend the term of the agreement to December 31, 2023, for engineering design and construction support services for the City Hall HVAC and Central Plant Chiller Replacement Project 2018-30.

On motion of Council Member , seconded by
Council Member , the foregoing Resolution was passed
and adopted on March 28, 2022, by the following vote:
23 RESOLUTION NO. ______
AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ATTEST: APPROVED AS TO FORM:
/s/ Tara M. Mazzanti
Marie Weber Tara M. Mazzanti
City Clerk Assistant City Attorney
Exhibit A – First Amendment to Engineering Services Agreement with Barry & Wynn Architects, Inc.
24 EXHIBIT A
25 EXHIBIT A
26 EXHIBIT A
27 EXHIBIT A
28 EXHIBIT A
29 EXHIBIT A
30 EXHIBIT A
31 EXHIBIT A
32 EXHIBIT A
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39 EXHIBIT A
40 CITY COUNCIL STAFF REPORT
ITEM NO. 5.3

DATE:

March 28, 2022
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Resolution authorizing execution of an agreement with EOA, Inc. for stormwater regulatory compliance assistance in an amount not-to-exceed $120,000

RECOMMENDED ACTION

Staff recommends that the City Council adopt a resolution authorizing the execution of an agreement with EOA, Inc. for stormwater regulatory compliance assistance in an amount not-to-exceed $120,000.

SUMMARY
Staff have a need for consultant services to assist with performing visual trash assessments and other regulatory compliance assistance to meet certain requirements of the City's stormwater permit. EOA, Inc. has provided quality service in the past and staff are recommending that these services continue to be provided by this company.

DISCUSSION
The City of Livermore holds a National Pollutant Discharge Elimination System (NPDES) Permit for its stormwater conveyance system ("the system"). Among the many provisions of this permit is a requirement to account for and prevent litter and debris from entering the system. This is accomplished through a combination of on-land visual trash assessments and the installation and operation of trash capture devices. EOA, Inc. has provided professional services to the City's Water Resources Division for many years, assisting staff by conducting these visual assessments and providing expertise in regulatory compliance as needed. Staff would like to continue to secure these services from EOA, Inc. in order to meet regulatory requirements included in the City's NPDES Permit. The proposed agreement will provide services over the course of three fiscal years (FY 2021-22 through FY 2023-24).

FISCAL AND ADMINISTRATIVE IMPACTS

The total not-to-exceed cost of the proposed agreement is $120,000, out of which $45,000 is budgeted for each of the fiscal years, FY2021-22 and FY2022-23, in the Storm Water Enterprise Fund (Fund 220).

The expected remaining funding of $30,000 will be included in the FY2023-24 budget proposal as part of 41 the future budget cycle. Staff does not anticipate any new administrative or staffing impacts should this agreement be approved.

ATTACHMENTS

1. Resolution

2. Exhibit A - Professional Services Agreement with EOA, Inc.

Prepared by: Anthony Smith
Management Analyst II

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH EOA, INC. FOR STORMWATER REGULATORY
COMPLIANCE ASSISTANCE IN AN AMOUNT NOT-TO-EXCEED $120,000 The City of Livermore owns, operates, and maintains a stormwater conveyance system. This system requires a National Pollutant Discharge Elimination System (NPDES) Permit to operate. This permit requires the City to take certain actions related to the capture of trash and debris.

City staff requires the support of a consultant to perform on-land visual trash assessments and provide expertise as needed. EOA, Inc. has provided this service to the City in previous years and has proved effective. Staff recommends that the City continue to have these services provided by EOA, Inc.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the execution of a professional services agreement with EOA, Inc. for stormwater regulatory compliance services in an amount not-to- exceed $120,000, attached as Exhibit A.

On motion of Council Member , seconded by
Council Member , the foregoing resolution was passed
and adopted on March 28, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
/s/ Tara M. Mazzanti
Marie Weber Tara M. Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Professional Services Agreement with EOA, Inc. 43 PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this_ day of _ ____ , 2022, by and between the City of Livermore ("City"), a municipal corporation, and EOA Inc. ("Consultant"), a California corporation.

RECITALS
City requires professional services to conduct on-land visual trash assessments, assist with developing annual stormwater reports, and provide on-call technical assistnace.

Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Consultant acknowledges City has relied upon these warranties to retain Consultant.

AGREEMENT
NOW, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:

1. Retention as Consultant. City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the services described in Section 3 below subject to the terms and conditions in this Agreement.

2. Relationship of Parties - Independent Contractors. The relationship of the parties shall be that of independent contractors. Consultant and its employees are not City officers or employees. Consultant is responsible for the supervision and management of its employees, including any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the delivery of the services contemplated by this Agreement.

3. Description of Services. Consultant shall provide the following professional services as more particularly set forth in Exhibit "A" (collectively "the Services"):

Assist the City by performing required visual trash assessments each fiscal year, completing Section C.10 of the annual report, and provide on-call technical assistance related to Section C.10 and trash reduction measures.

4. Consultant's Responsib ilities. Consultant shall:
(a) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;
(b) Provide the resources necessary to complete the Services in a timely manner;
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EXHIBIT A
44 (c) Obtain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
(d) Obtain and keep in effect all necessary licenses, permits, qualifications, insurance, and approvals legally and professionally required for Consultant to practice its profession and to provide the Services;
(e)
Services;
Comply with all laws in effect that are related to Consultant and the (f) Coordinate the Services with Steven Aguiar, Environmental Complicance Supervisor ("Project Manager"), or such other person designated as the Project Manager by City;
(g) Be available to the Project Manager, and other parties referred to Consultant by the Project Manager, to answer questions or inquiries related to the Services;
(h) Only invoice City for the Services rendered. Consultant's invoice shall be in writing and describe the Services performed for the payment requested. Consultant shall not submit an invoice to City more frequently than once a calendar month; (i) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment.

Consultant shall make the invoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City's place of business during normal business hours. Consultant shall give City 30 calendar-days' written notice prior to destroying the invoices and records and allow City an opportunity to take possession. If City wants them, Consultant and City shall coordinate their delivery to City in the most efficient manner possible;
(j) Prepare and submit a written report to the Project Manager, within 3 business-days of the Project Manager's written request, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services;
(k) Consultant shall correct, at its own expense, all errors in the Services.

Should Consultant fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Consultant;
(I) If applicable, Consultant shall ensure that all work for compensation is provided in compliance with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker's compensation and prevailing wages. If applicable, Consultant shall comply with all prevailing wage laws, such as sections 1773, 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the California Labor Code and any other applicable wage and hour law. If any violation of prevailing wage law associated with this Agreement is deemed to have Professional Services Agreement
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45 occurred by any court or administrative authority, Consultant shall forfeit to the City, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the applicable prevailing rates for any work done to accomplish the purposes of this Agreement; and, (m) Consultant's services provided pursuant to this Agreement shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.

5. Compensation and Payment.
(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $120,000.00 ("not-to-exceed amount"). City shall compensate Consultant for the Services rendered at the hourly rates, task amounts or travel expenses set forth in Exhibit "A" up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts or travel expenses are intended to be Consultant's only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.
(b) City shall pay Consultant no later than 30 days after City receives a written invoice from Consultant and verifies the Services were performed for the payment requested.

6. Term. The term of this Agreement commences on March 28, 2022, and terminates upon the completion of the Services or June 30, 2024, whichever occurs first.

7. Termination by City. City may terminate any portion or all of the Services by giving Consultant at least 30 calendar-days written notice. Upon receipt of a termination notice, Consultant shall immediately stop all work in progress on the Services except where necessary to preserve the benefit of the work, and then assemble the work on the Services for delivery to City on the termination date. All compensation for Services performed prior to the termination date shall be payable to Consultant in accordance with Section 5.

8. Ownership of Documents. All drawings, designs, data, photographs, reports and other items prepared or obtained by Consultant in the performance of the Services are City's property and Consultant shall deliver them to City upon demand.

9. Copyright and Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disclosed by Consultant to City and Consultant obtains a license to such items for the benefit of City. All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City's full use and enjoyment of its ownership rights in the items created by the Services.

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EXHIBIT A
46 10. Confidentiality. Consultant shall not disclose any confidential or proprietary information received from City to anyone except Consultant's employees who require access to the information to perform the Services. This obligation shall survive termination and remain in full force and effect until the information, and any copies thereof, are destroyed or returned to City.

11. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Consultant shall hold harmless, indemnify, and defend with counsel selected by the City or otherwise acceptable to the City, the City and its elected and appointed officials, officers, directors, employees, agents and designated volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with Consultant's performance of the services contemplated by this Agreement, or in connection with Consultant's failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of City. Consultant's obligations to hold harmless, indemnify, and defend shall not be excused because of Consultant's inability to evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City.
(a) Modification for Construction Contracts. To the extent this Agreement is a "construction contract" covered by California Civil Code section 2782, then Consultant's duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.
(b) Modification for Design Professional Services. To the extent this Agreement is for "design professional services" defined in California Civil Code section 2782.8, then Consultant's duties to defend and indemnify shall only apply to the extent provided for in California Civil Code section 2782.B(a), unless section 2782.B(a) is not applicable for one of the reasons set forth in 2782.B(e).

12. Insurance. Consultant shall procure and maintain insurance during the term of this Agreement in the amounts and under the terms set forth in Exhibit "B'' against claims that may arise from or in connection with this Agreement and performance of the Services.

Upon reasonable written notice, Consultant shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City's Risk Manager.

13. Acceptance of Final Payment. Consultant's acceptance of final payment will release City from any and all claims and liabilities for compensation under this Agreement.

14. Acceptance of Work. City's acceptance of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy, completeness, or competency of the Services, nor do the actions constitute an Professional Services Agreement
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EXHIBIT A
47 assumption of Consultant's responsibility or liability by City for any defect or error in the Services.

15. Conflict of Interest. Consultant represents that no City employee or official has a financial interest in Consultant. Consultant shall not offer, encourage, or accept any financial interest in any part of Consultant's business by or from a City employee or official during the term of this Agreement or as a result of being awarded this Agreement. If any of the Services are paid by reimbursement from an agreement between City and a private party, Consultant represents that it has not performed any work for that private party during the 12-month period prior to the execution of this Agreement, and that it shall not negotiate, offer or accept any contract for services from that party during the term of this Agreement.

16. Economic Disclosure. Consultant shall comply with City's local conflict of interest code and the Political Reform Act, and prepare and file an economic disclosure statement if the Services involve making, or participation in making, decisions which may have a material effect on the Consultants' financial interest. While it is Consultant's sole responsibility to evaluate its conflicts of interest, the Consultant nevertheless agrees to prepare and file an economic disclosure statement if requested by City.

17. Non-Exclusive Agreement. This is a non-exclusive agreement. City reserves the right to provide, and to retain other consultants to provide, services that are the same or similar to the Services described in this Agreement.

18. No Assignment. Consultant shall not assign or subcontract any of the Services without City's prior written consent. For the purposes of this section, a change of fifty percent or more in the ownership or control of Consultant constitutes an assignment.

19. Remedies. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative, and the invocation of a right or remedy will not be construed to waive or elect a remedy with respect to any other available right or remedy. As a condition·precedent to commencing legal action involving a claim or dispute against City arising from this Agreement, the Consultant must present a written claim to City in accordance with Chapter 3.42 of the Livermore Municipal Code.

20. Construction of Language. The terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Agreement with legal counsel. Any ambiguity in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and an attachment hereto, the language in the body of the Agreement controls.

21. Entire Agreement; Modification. This Agreement supersedes all other agreements, whether oral or written, between the parties with respect to the Services.

Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is lost or destroyed, an archival copy maintained by City can be used in place of the original for all purposes with the same effect as if it was the original.

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EXHIBIT A
48 22. Notice. Notices under this Agreement must be delivered to the addresses below by deposit in the United States mail or by overnight delivery service, with postage prepaid and delivery confirmation :

TO CITY: Attention: Water Resources Division Manager
Water Resources Division
101 W. Jack London Blvd.

Livermore, California 94551
TO CONSULTANT: Attention: Chris Sommers
EOA Inc.
1410 Jackson Street
Oakland, CA 94612

23. Waiver. Failure to insist upon the strict performance of any term or conditions in this Agreement, no matter how long the failure continues , is not a waiver of the term or condition and does not bar the right to subsequently demand strict performance. To be effective, a waiver must be in writing and signed by the non-breaching party.

24. Severability. If a court of competent jurisdiction determines a provision in this Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired in any way.

25. Survival. The terms, conditions, and obligations in Sections 8, 9, 10, and 11 shall survive the completion or termination of this Agreement.

26. Electronic Signatures. By signing this document, you are agreeing that you have reviewed this disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents . You are not required to receive notices and disclosures or sign documents electronically . If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.

27. Counterparts. This Agreement may be executed and delivered in one or more counterparts , each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile , email, or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals and shall be valid and effective for all purposes .
*********1'*************"1***********************-lrlrlrldrl,*************************-*************** Signatures and Attachment List on the Next Page
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49 In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date first written above.

CITY OF LIVERMORE:

Marc Roberts
City Manager
APPROVED AS TO FORM:

Assistant/City Attorney
APPROVED AS TO INSURANCE :

Risk Manager/Analyst
Attachments :

Exhibit A - Scope of Work
Exhibit B - Insurance Requirements
Professional Services Agreement
Rev. 09.2021
Dated:

Dated:

Page?

EXHIBIT A
50 EXHIBIT A

SCOPE OF WORK
Contractor shall provide all necessary labor, materials, equipment, and supplies to perform the following duties:

1. Perform On-land Visual Trash Assessments (OVTA) at approximately 40 sites each fiscal year (prior to June 30).
a. Consultant shall assess each site three times during each fiscal year. b. Consultant shall complete field forms and photograph trash conditions observed during each event. Consultant shall enter OVT A data included on the field forms and photographs into a database that is accessible for City staff.
c. Consultant shall submit the following deliverables each fiscal year:

Completed datasheets for each OVTA event conducted, including photographs of trash conditions; on-going updates to EGA's on-line OVTA database; and GIS data layer of OVTA results.

2. Develop a draft (by August 15th each year) and final compliance report (within two weeks of City comments being received) for section C.10 of the City's stormwater permit.
a. Consultant will complete all subsections of Section 10 based on data and information provided by the City regarding control measure implementation and hot spot cleanups, anct data/information collected by Consultant.
b. Consultant shall submit the following deliverables each fiscal year: one draft and one final Annual Report Section 10 (Trash Load Reduction).

3. On-Call Technical Assistance
a. Consultant shall provide on-call technical and regulatory services as directed by the City. Services may include, but are not limited to, assisting City consultants/contractors with revisions to the City's Long-term Trash Load Reduction Plan, providing guidance on trash management control measures to meet the 90% compliance benchmark and 100% trash load reduction goals in MRP 3.0, load reduction estimates related to the implementation of new trash control measures, compliance reporting, and other stormwater management-related activities. Consultant will provide on-call services within the budget allotted and within timeframes agreed upon by Consultant and City.

4. Project Management
a. Consultant shall provide project management and administration. The assigned project manager shall be Chris Sommers, President. John Fusco, Evan Basinger, Andrea Bauman, and other staff will assist as needed.

EXHIBIT A
51 REQUIREMENTS

1. All work shall be completed in compliance with applicable local, state, and federal regulations.

COMPENSATION

1. CITY shall compensate CONSULTANT at the following hourly rates :
a. Principal: $299.00
b. Managing Engineer/Scientist Ill: $291
c. Managing Engineer/Scientist II: $274
d. Managing Engineer/Scientist I: $262
e. Senior Engineer/Scientist/Planner II: $220
f. Senior Engineer/Scientist/Planner I: $202
g. Associate Engineering/Scientist Ill: $192
h. Associate Engineering/Scientist II: $183
i. Associate Engineering/Scientist I: $155
j. Assistant Engineering/Scientist: $140
k. Technician, Administrative Manager: $121
I. Clerical/Computer Data Entry: $86

2. Charges for services shall be in increments of one quarter-hour.

Depositions/legal testimony charged portal-to-portal, at 200% of standard rates, with a four-hour minimum charge. In accordance with California Civil Procedure 2037.7, where applicable, the minimum fee must be paid prior to commencement of testimony. Preparation for court cases is charged on a time-and-materials basis as outlined above.

3. Reimbursement for expenses directly related to services provided will be charged at cost plus 10%. Examples of such direct expenses include:
a. Costs of sub-consultants or subcontractors
b. Costs of special fees (insurance, permits, etc.)
c. Costs of copying, drafting, blueprints, etc. (EOA copies charged at $0.10 each for B&W, $0.35 each for color. Large format $0.15/sq ft for B&W, $0.50/sq ft for color)
d. Costs of color map production supplies (color ink and large format paper) e. Costs or rental of special equipment. Daily use fees of monitoring equipment charged at the following rates:
i. Single-parameter field meter - $10/day - Multi-parameter field meter and sonde - $100/day
ii. Costs of authorized travel and related expenses
f. Automobile mileage directly related to services, at current IRS rate.

EXHIBIT A
52 EXHIBIT B

INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:

1. Commercial General Liability , including operations, products, and completed operations, as applicable:
$2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage . If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation and Employer's Liability:

Statutory limits as required by the State of California including $1,000,000 Employers' Liability per accident, per employee for bodily injury or disease.

A waiver of subrogation is required for Workers' Compensation insurance.

If Consultant/Contractor is a sole proprietor, then they must sign "Contractor Release of Liability."

4. Professional Liability/ Cyber Liability/Errors and Omissions:
$2,000,000 per claim. Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed .

Deduc tibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:

VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions :

1. The City of Livermore, its officers, officials, employees, and designated Revised 511/2018 B16- 2M E&O

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EXHIBIT A
53 volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant/Contractor; or automobiles owned, leased, hired or borrowed by the Consultant/Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Consultant's/Contractor's policy shall be primary and non-contributory and will not seek contribution from the City's insurance or self-insurance and shall be at least as broad as ISO Form CG 20 10 04 13. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Livermore before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.

3. Any failure to comply with reporting or other provisions of the policy, including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.

4. The Consultant's/Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party before expiration of the policy unless notice is delivered in accordance with policy provisions.

6. It shall be a requirement under this agreement that any available insurance proceeds broader than, or in excess of, the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550 Verification of Coverage
Consultant/Contractor shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.

Revised 5/1/2018 816- 2M E&O

Page 2 ends

EXHIBIT A
54 CITY COUNCIL STAFF REPORT
ITEM NO. 5.4

DATE:

March 28, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing an agreement with Rincon Consultants, Inc., to provide on-call professional planning services in an amount not-to-exceed $316,797 and a supplemental appropriation of $86,160 for the cost of the agreement in Fiscal Year 2021-22.

RECOMMENDED ACTION

SUMMARY
The Planning Division is currently managing several large scale, multi-year programs including the General Plan Update, Climate Action Plan Update, Housing Element Update as well as a range of other City projects. The City has also seen an increase in private development applications and expects that trend to continue, particularly in the Isabel Neighborhood Specific Plan area, for the next several years.

The proposed Professional Services Agreement will enable Rincon Consultants, Inc. (Consultant), to provide on-call planning services to supplement staffing resources for a period of 24 months.

The
contract has a total not-to-exceed amount of $316,797. An appropriation of $86,160 is needed to cover contract costs for the rest of the current fiscal year. The remaining $230,637 would be required to be paid by the City over the two-year term of the agreement and will be added to the Fiscal Year 2022-23 budget during the budget update. A current industrial applicant is covering $93,152 of this cost through a direct payment to the City and development application fees would partly off-set the remaining costs over the course of the two-year period.

Supplementing staffing resources in the Planning Division for this two-year period will facilitate progress on the City's high-profile programs and complex projects, and enable the Division to continue providing high-quality customer service and meet required timelines for processing of private development applications.
55 DISCUSSION
City staff continues to implement significant programs to update the City's General Plan, Housing Element, and Climate Action Plan. Other projects include managing environmental review and technical analyses for the initiative to extend sewer service into the South Livermore Valley and development of code amendments to respond to State housing legislation. Downtown project implementation also continues to be a priority.

At the same time, the Planning Division is seeing significant development interest from property owners in the Isabel Neighborhood Specific Plan (ISNP) area following the City's adoption of the ISNP in November 2020. The City has already received four applications for property in the ISNP area and expect more in the coming one to two years. Applications to redevelop the mixed-use sites at Rincon Avenue and Pine Street and Pacific Avenue (former Nob Hill site) have also been submitted and require staff time to process.

The proposed Consultant will provide planning services to supplement project staffing on the large volume of private project submittals the City has received and expects to continue to receive over the next 24 months. Specifically, the Consultant will provide planning services for applications to annex and develop land within the City's Urban Growth Boundary near the Oaks Business Park, wireless telecommunication facilities, small-scale industrial warehouses, residential projects, and other projects as assigned by the Planning Division.

The planning services proposed under the Agreement will enable the Planning Division staff to focus internal efforts on priority projects and maintain appropriate levels of customer service in response to the high volume of private project applications the City has been receiving and expects to continue to receive over the next 24 months.

FISCAL AND ADMINISTRATIVE IMPACTS

The agreement is in the not-to-exceed amount of $316,797. This includes funding for the Consultant to assist with an annexation and development application on land within Surface Mine Permits 39 and 40 (SMP 39 and 40), and to assist the Planning Division with review of various planning applications. These expenditures were not contemplated in the City's 2-Year Financial Plan for 2021-2023. Staff is requesting an appropriation of $86,160 from the General Fund (Fund 001) to 8152-43130 Planning Contract Services Private for the Fiscal Year 2021-22. Funding for the remaining balance of $230,637 of the proposed agreement will be incorporated into the Fiscal Year 2022-23 budget as part of the budget update process. Over the course of the two-year period, the cost will be partly off-set through $93,152 in revenues from the applicant’s contribution and development application fees.

ATTACHMENTS

1. Resolution

2. Exhibit A - Agreement with Rincon Consultants, Inc.

Prepared by: Steve Stewart
Planning Manager

56 Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olsen
Administrative Services Director
57 RESOLUTION NO.

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH RINCON CONSULTANTS, INC. IN AN AMOUNT NOT TO EXCEED $316,797 TO

PROVIDE PROFESSIONAL PLANNING SERVICES AND AUTHORIZING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $86,160 FROM THE GENERAL FUND FOR FISCAL YEAR 2021-2022
The Planning Division is currently managing several large-scale, multi-year programs including the General Plan Update, Climate Action Plan Update, Housing Element Update, and South Livermore Valley Sewer Initiative.

City staff continues to implement the City Council's Downtown Priority with multiple projects in various stages of review, construction, and litigation. Complex development applications in the Isabel Neighborhood Specific Plan area are also on file and in review along with applications for redeveloping the neighborhood mixed-use sites at Rincon Avenue/Pine Street, and Pacific Avenue.

The Planning Division requires a consultant to supplement staff with professional planning services.

The proposed agreement with Rincon Consultant, Inc. allows for services to commence January 25, 2022, and terminate January 25, 2024.

The project scope of work includes professional services to provide planning services for applications to annex and develop land within the City's Urban Growth Boundary near the Oaks Business Park, wireless telecommunication facilities, small- scale industrial warehouses, residential additions, and other projects as assigned by the Planning Division.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that:

1. The City Manager is authorized to execute the professional services agreement with Rincon Consultants, Inc., attached hereto as Exhibit A, in an amount not to exceed $316,797 to provide professional planning services.

2. The amount of $86,160 is hereby appropriated from the City of Livermore’s General Fund for Fiscal Year 2021-22 for the professional services agreement with Rincon Consultants, Inc.

On motion of Council Member , seconded by
Council Member , the foregoing resolution was passed
and adopted on March 28, 2022, by the following vote:
58 RESOLUTION NO.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
/s/ Kimberly D. Cilley
Marie Weber Kimberly D. Cilley
City Clerk Assistant City Attorney
Exhibit A – Agreement with Rincon Consultants, Inc.
59 EXHIBIT A
60 EXHIBIT A
61 EXHIBIT A
62 EXHIBIT A
63 EXHIBIT A
64 EXHIBIT A
65 EXHIBIT A
66 Rincon Consultants, Inc.
449 15th Street, Suite 303
Oakland, California 94612
510 834 4455 OFFICE
info@r i
nconconsultants.com
www.rinconconsultants.com
Environmental Scientists Planners Engineers
January 27, 2022
Project No: 21‐12114
Steve Stewart, AICP
Planning Manager
Community Development Department
City of Livermore
1052 S. Livermore Avenue
Livermore, California 94550
Via email: [email protected]
Subject: Revised Proposal to Provide Contract Planning Services for Surface Mine Permit 39 and 40 Dear Mr. Stewart:

Rincon Consultants is pleased to submit this revised proposal to assist the City of Livermore with contract planning services for the proposed Surface Mine Permit (SMP) 39 and 40.

We understand that the City is requesting assistance with Annexation/Development Agreement/Site Plan Design
Review for the SMP 39 and 40 application, and that the City anticipates the assignment to require approximately eight to 10 hours per week over approximately 78 weeks. The work will be performed remotely, other than site visits as needed and occasional in‐person meetings and hearings.

Arthur Henri
ques, MUP, Senior Planner, will be Rincon’s assigned staff for this effort. Mr. Henriques holds a Masters degree in Urban and Regional Planning from California State University, San Jose, and is a professional planner with over 30 years of public sector planning experience, primarily as a Planning Manager and as a Department Head. He has managed many complex private and local agency projects including capi
tal development projects. Mr. Henriques’s contract planning experience includes working for the cities of San Jose, East Palo Alto, Half Moon Bay, Marina, and the County of Monterey. Abe Leider, AICP CEP, will be Rincon’s Principal‐in‐Char ge.

Throughout the assignment, Mr. Henriques will assist with the processing of SMP 39 and 40, working under general direction of you and your staff.

COST
Rincon Consultants will provide these contract planning services on a time‐and‐materials basis.

Consistent with our standard fee schedule (attached), Mr. Henriques’s hourly rate will be $212 (Senior Professional II category). Mr. Leider’s billing rate will be $280/hour (Principal I category). Mileage and other expenses will be billed in accordance with the standard fee schedule.

Based on your estimate of up to 10 hour
s per week, and assuming that all but an average of 0.5 hours per week are allocated to Mr. Henriques, the estimated budget for this assignment would be approximately $2,154 per week, which includes project management and other support services. With

EXHIBIT A

EXHIBIT A
67 City of Livermore
Revised Proposal to Provide Contract Planning Services for Surface Mine Permit 39 and 40

Page 2 ends

the anticipated assignment duration of approximately 78 weeks, the total not to exceed cost estimate would be $168,012 plus mileage and other reimbursable costs.

Additional services or other services outside of the scope of work described herein can be completed upon request; however, such additional work will only commence upon your written authorization. * * *
We appre
ciate the opportunity to assist the City of Livermore contract planning services. This proposal is fully negotiable to meet the City’s needs for this assignment. If you have any questions about this proposal, please do not hesitate to contact me.

Sincerely,
Rincon Consultants, Inc.

Abe Leider, AICP CEP
Principal
510‐671
‐0175
[email protected]

EXHIBIT A
68 Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical and Support Personnel* Hourly Rate Principal II $295
Director II $295
Principal I $280
Director I $280
Senior Supervisor II $245
Supervisor I $228
Senior Professional II $212
Senior Professional I $197
Professional IV $174
Professional III $161
Professional II $145
Professional I $128
Associate III $117
Associate II $102
Associate I $95
Senior GIS Specialist $160
GIS/CADD Specialist II $140
GIS/CADD Specialist I $125
Technical Editor $130
Project Accountant $110
Billing Specialist $95
Production Specialist $105
Clerical $95
*Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals. Expert witness services consisting of depositions or in-court testimony are charged at the hourly rate of $375.

Reimbursable Expenses
Direct Cost Rates
Photocopies – Black and White $0.20 (single-sided) & $0.40 (double-sided) Photocopies – Color $1.50 (single-sided) & $3.00 (double-sided) Photocopies – 11 x 17 $0.50 (B&W) & $3.30 (color)
Oversized Maps $8.00/square foot
Digital Production $15/disc and $20/flash drive
Light-Duty and Passenger Vehicles* $88/day
4WD and Off-Road Vehicles* $140/day
* $0.65/mile for mileage over 50 and for all miles incurred in employee-owned vehicles.

Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 15%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.

Annual Escalation. Standard rates subject to annual escalation. Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within ten (10) days from receipt or per the contractually required payment terms.

EXHIBIT A
69 Equipment Day Rate
Environmental Site Assessment
Soil Vapor Extraction Monitoring Equipment $155
Four Gas Monitor $133
Flame Ionization Detector $107
Photo Ionization Detector $80
Hand Auger Sampler $60
Water Level Indicator, DC Purge Pump $45
Natural Resources Field Equipment
UAS Drone $268
Spotting or Fiberoptic Scope $165
Pettersson Bat Ultrasound Detector/Recording Equipment $165 Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera) $110 GPS (Sub‐meter Accuracy) $65
Infrared Sensor Digital Camera or Computer Field Equipment $55 Scent Station $22
Laser Rangefinder/Altitude $11
Pit‐fall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9 Mammal Trap, Large/Small $1.50/$0.50
Water and Marine Resources Equipment
Boat (26 ft. Radon or Similar) $600
Boat (20 ft. Boston Whaler or Similar) $335
Multi Parameter Sonde (Temp, Cond, Turbidity, DO, pH) with GPS $165 Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) $60 Refractometer (Salinity) or Turbidity Meter $37
Large Block Nets $110
Minnow Trap $95
Net, Hand/Large Seine $13/$55
Field Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment)
$110
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24‐Hour Safety Phone)
$140
Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope) $165
Fisheries Equipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets)
$55
Underwater and Marine Sampling Gear (U/W Photo/Video Camera, Scuba Equipment (Tanks, BCD, Regulators, Wetsuits, etc.)
$55/diver
Marine Field Package (PFDs – Personal Flotation Devices, 100-foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides)
$55
Insurance, Hazard and Safety Fees
L&H Dive Insurance $55/diver
Level C Health and Safety $65 person

EXHIBIT A
70 Rincon Consultants, Inc.
449 15th Street, Suite 303
Oakland, California 94612
510 834 4455 OFFICE
info@r i
nconconsultants.com
www.rinconconsultants.com
Environmental Scientists Planners Engineers
January 26, 2021
Project No: 21‐12351
Steve Stewart, AICP
Planning Manager
Community Development Department
City of Livermore
1052 S. Livermore Avenue
Livermore, California 94550
Via email: [email protected]
Subject: Revised Proposal to Provide Contract Planning Services for City of Livermore Dear Mr. Stewart:

Rincon Consultants is pleased to submit this revised proposal to assist the City of Livermore with contract planning services to assist City staff process a range of planning applications.

We understand that the City is seeking assistance with completeness reviews on administrative and discretionary planning applications and preparing staff reports. Example projects include:
 Wireless telecommunication facility projects. Projects may range from administrative/staff level review and approval if consistent with the Livermore Development Code to Conditional Use Permits for new facilities (faux trees, etc.) for Planning Commission determination.  Administrative/staff level review and approval for Site Plan Design Review Modification for an approximately 21,000 square foot facility for Stanford Health Care in an existing light industrial building.
 Project review and Planning Commission staff report preparation for Site Plan Design Review for a new single story industrial warehouse with accessory office areas located in the Airway Business Park.
 Project review and Planning Commission staff report preparation for Site Plan Design Review Modification for Vineyard Apartments, involving 11 new apartment units and ADU to an existing apartment complex.
 Other projects as assigned by City Staff.

We also understand the City anticipates the assignment to require approximately 20 to 30 hours per week over approximately 26 weeks (January 2022‐June 30, 2022). The work will be performed remotely, other than site visits as needed and occasional in‐person meetings and hearings to be conduct ed by local Rincon staff.

Arthur Henriques, MUP, Senior Planner, and Vernon Umetsu, AICP Contract Planner will be Rincon’s assigned staff for this effort. Lilly Rudolph , MPA, AICP, Senior Program Manager will serve as point of contact for this proposal. Abe Leider, AICP CEP, will be Rincon’s Principal‐in‐Charge. Both Mr. He nriques

EXHIBIT A

EXHIBIT A
71 City of Livermore
Revised Proposal to Provide Contract Planning Services

Page 2 ends

and Mr. Umetsu are planning professionals with extensive experience in land use and development review for multiple planning agencies.

Our proposed cost estimate for this contract planning support is described below.

COST
Rincon Consultants will provide these contract planning services on a time‐and‐materials basis.

Consistent with our standard fee schedule (attached), Mr. Henriques’s hourly rate will be $212 (Senior Professional II category). Mr. Umetsu’s hourly rate is $174 (Professional IV category). Ms. Rudolph’s hourly rate will be $245/hour (Senior Supervisor II category). Mileage and other expenses will be bille d in accordance with the fee schedule.

Based on our estimate of up to 30 hours per week, and assuming that all but an average of 0.5 hours per week are allocated to Ms. Rudolph, the estimated budget for this assignment would be approximately $5,722 per w
eek, which includes project management and other support services. With the anticipated assignment duration of approximately 26 weeks, the total not to exceed cost estimate would be $148,785 plus mileage and other reimbursable costs.

Additional services or other services outside of the scope of work described herein can be completed upon re
quest; however, such additional work will only commence upon your written authorization.

* * *

We appreciate the opportunity to assist the City of Livermore contract planning services. This proposal is fully negotiable to meet the City’s needs for this assignment. If you have any questions about this proposal, please do not he
sitate to contact me.

Sincerely,
Rincon Consultants, Inc.

Lilly Rudolph, MPA, AICP    Abe Leider, AICP CEP
Senior Program Manager   Principal
805‐947‐4828     510‐ 671‐0175
[email protected]   [email protected]

Attachment: Rincon Consultants Standard Fee Schedule for Environmental Sciences and Planning Services

EXHIBIT A
72 Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical and Support Personnel* Hourly Rate Principal II $295
Director II $295
Principal I $280
Director I $280
Senior Supervisor II $245
Supervisor I $228
Senior Professional II $212
Senior Professional I $197
Professional IV $174
Professional III $161
Professional II $145
Professional I $128
Associate III $117
Associate II $102
Associate I $95
Senior GIS Specialist $160
GIS/CADD Specialist II $140
GIS/CADD Specialist I $125
Technical Editor $130
Project Accountant $110
Billing Specialist $95
Production Specialist $105
Clerical $95
*Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals. Expert witness services consisting of depositions or in-court testimony are charged at the hourly rate of $375.

EXHIBIT A
73 Equipment Day Rate
Environmental Site Assessment
Soil Vapor Extraction Monitoring Equipment $155
Four Gas Monitor $133
Flame Ionization Detector $107
Photo Ionization Detector $80
Hand Auger Sampler $60
Water Level Indicator, DC Purge Pump $45
Natural Resources Field Equipment
UAS Drone $268
Spotting or Fiberoptic Scope $165
Pettersson Bat Ultrasound Detector/Recording Equipment $165 Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera) $110 GPS (Sub‐meter Accuracy) $65
Infrared Sensor Digital Camera or Computer Field Equipment $55 Scent Station $22
Laser Rangefinder/Altitude $11
Pit‐fall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9 Mammal Trap, Large/Small $1.50/$0.50
Water and Marine Resources Equipment
Boat (26 ft. Radon or Similar) $600
Boat (20 ft. Boston Whaler or Similar) $335
Multi Parameter Sonde (Temp, Cond, Turbidity, DO, pH) with GPS $165 Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) $60 Refractometer (Salinity) or Turbidity Meter $37
Large Block Nets $110
Minnow Trap $95
Net, Hand/Large Seine $13/$55
Field Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment)
$110
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24‐Hour Safety Phone)
$140
Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope) $165
Fisheries Equipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets)
$55
Underwater and Marine Sampling Gear (U/W Photo/Video Camera, Scuba Equipment (Tanks, BCD, Regulators, Wetsuits, etc.)
$55/diver
Marine Field Package (PFDs – Personal Flotation Devices, 100-foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides)
$55
Insurance, Hazard and Safety Fees
L&H Dive Insurance $55/diver
Level C Health and Safety $65 person

EXHIBIT A
74 EXHIBIT B

INSURANCE REQUIREMENTS

Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:

1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation and Employer's Liability:

Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability”.

4. Professional Liability/Errors and Omissions:
$1,000,000 per claim. Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.

Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:

VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Livermore, its officers, officials, employees, and designated

EXHIBIT A
75 volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant/Contractor; or automobiles owned, leased, hired or borrowed by the Consultant/Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Consultant’s/Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20 10 04 13. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

4. The Consultant’s/Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550

Verification of Coverage
Consultant/Contractor shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.

EXHIBIT A
76 CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

March 28, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing a lease agreement with Axis Community Health for medical clinic and office space at the Multi-Service Center, 3311 Pacific Avenue

RECOMMENDED ACTION

SUMMARY
Axis Community Health has requested to renew their lease of the medical clinic and office space at the Multi-Service Center (MSC). Axis serves thousands of residents at the Livermore clinic who are in need of affordable medical care and mental health services. If approved, the lease agreement ensures that Axis could continue to operate at the MSC for an additional five years, with a term ending December 31, 2027.

DISCUSSION
Since 1979, the City has provided office space to government agencies and non-profit organizations at the Multi-Service Center (MSC) at below-market rates to support the local availability of vital social services for low-income residents who would otherwise have to travel outside of the Tri-Valley. The MSC was originally constructed by the City with funds from the Federal Housing and Community Development Grant Act of 1974 to provide low cost office space to qualified public service oriented tenants within the community. The MSC is a 9,860 square foot building that includes a community medical clinic operated by Axis Community Health, private offices and cubical workspaces, a conference room, and staff area/kitchen. Eight agencies currently lease space in the Multi-Service Center, and numerous agencies have historically used the building’s conference room for activities that support the City’s social services network.

The MSC has been closed to the public for ADA accessibility and COVID related safety upgrades.

Supply chain issues have created delays in completing the work, and additional ADA accessibility 77 upgrades are needed, however staff is scheduling all work and monitoring progress towards the goal of reopening the building by early Spring.

Axis Community Health is the only provider of primary medical care for low-income and uninsured residents of eastern Alameda County. Axis has leased a total of approximately 2,744 square feet of space for over 30 years at the Multi-Service Center. Axis provides a variety of services at the MSC clinic including basic medical care, family and prenatal services, pediatrics, immunizations, and mental health counseling. The clinic has served to anchor the services mix and create synergies with other non-profits operating in the building.

Staff recommends entering into a five-year lease with Axis starting at their current rent of $2,350 per month and continuing with an annual increase of two percent (2%) through a term ending December 31, 2027. The proposed terms will keep operating costs sustainable for Axis as the clinic re-opens to full capacity. As part of the new lease, Axis will assume its own daily janitorial and basic maintenance responsibilities for the clinic space. This will allow Axis to efficiently clean and maintain the area to medical clinic standards while resulting in a cost reduction for the City. The current rental rate of approximately $0.85 per square foot (or $28,200 per year) reflects a pro rata share of average monthly operating expenses. A comparable space at market rate would cost Axis approximately $2.25 per square foot (or $74,088 per year). Subsidizing rents and providing low cost space for community agencies like Axis allows them to maximize funding resources directed to medical care services and programming for their clients. The City policy on rent increases for other facilities is typically tied to fluctuations in the Consumer Price Index (CPI), however staff recommends City Council approve a two percent (2%) annual increase which will help defray future expenses while moderating operating impacts and providing cost predictability for for Axis.

If approved, the lease would run through a five-year term beginning January 1, 2022 and ending December 31, 2027.

FISCAL AND ADMINISTRATIVE IMPACTS

The Multi-Service Center is required to provide provide low-cost, below market rents for social service providers within the community by the Federal funding requirements used for the building's construction.

If approved, the lease with Axis Community Health would generate revenue of $28,200 in the first year and $146,460 over the five-year term ending December 31, 2027. This rent will cover 100% of the pro- rata share of building operating expenses. However, the annual rent would still be considered low cost because the annual rent is $45,088 below market since a comparable space at market rate would cost Axis approximately $2.25 per square foot or $74,088 per year.

The new contract also includes an annual cost savings of $13,000 in janitorial contract, and $5,000 in staff and material cost as described below.

Tenant rents are used to offset annual operating expenses for the Multi-Service Center (including utilities, insurance, repairs, maintenance and building security), which average approximately $101,700 per year. The new lease agreement includes a reduction in janitorial and maintenance services provided by the City to the Axis clinic, which will reduce the City's janitorial contract for the building by approximately $13,000, or 50% annually. Maintenance staff and material cost savings are estimated at $5,000 per year. Rent revenue and expenses for the Multi-Service Center are budgeted to the City’s General Fund.
78 The City is required to implement provisions of the Government Accounting Standards Board (GASB) Statement No. 87,
Leases,
during current fiscal year. Based on the requirements for this Statement, the Finance Division has estimated that they will spend approximately 30 hours every year to comply with reporting requirements of this Statement for this lease. This equates to approximately $5,000 per year.

ATTACHMENTS

1. Resolution

2. Exhibit A - Signed Lease Agreement

Prepared by: Fran Reisner
Housing Programs Manager

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olsen
Administrative Services Director
79 RESOLUTION NO. ______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT FOR

SPACE AT THE MULTI-SERVICE CENTER WITH AXIS COMMUNITY HEALTH The City’s Multi-Service Center, located at 3311 Pacific Avenue in Livermore, provides office space at below-market rates in order to facilitate access to social services for local residents. The City wishes to enter into a five year lease with Axis Community Health for medical clinic and office space at the Multi-Service Center. Axis provides a variety of services at the MSC clinic including basic medical care, family and prenatal services, pediatrics, immunization, and mental health counseling.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that the City Manager is authorized to sign on behalf of the City of Livermore a lease with Axis Community Health, attached as Exhibit A.

On motion of Council Member , seconded by
Council Member , the foregoing resolution was passed
and adopted on March 28, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
/s/ Tara M. Mazzanti
Marie Weber Tara M. Mazzanti
City Clerk Assistant City Attorney
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CITY COUNCIL STAFF REPORT
ITEM NO. 5.6

DATE:

March 28, 2022
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Resolution authorizing the City Manager to sign the Memorandum of Understanding with the Alameda County Department of Environmental Health for SB 1383 edible food recovery inspection services

RECOMMENDED ACTION

SUMMARY
In September 2016, Governor Brown signed into law Senate Bill 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, which established aggressive targets to achieve a reduction in the statewide disposal of organic waste beginning in 2025.

SB 1383 requires jurisdictions to implement edible food recovery programs and perform inspections on commercial food generators (Tier 1 and Tier 2 Generators) to determine their compliance. This legislation also allows jurisdictions to designate other entities to assist with fulfilling this requirement.

The Alameda County Department of Environmental Health (ACDEH) is the local enforcement agency that oversees retail food programs in Alameda County. ACDEH staff have drafted a template Memorandum of Understanding (MOU) to integrate edible food recovery compliance monitoring into ACDEH’s inspections of regulated Retail Food Facility entities on behalf of Alameda County jurisdictions.

By entering into an MOU with ACDEH, the City of Livermore would designate ACDEH to conduct inspections related to edible food recovery requirements on its behalf. Compliance inspections would start in 2022 for the estimated 30 Tier 1 edible food generators in the City and in 2024 for the estimated 50 Tier 2 generators.

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The ACDEH inspection services would be at no cost to the City of Livermore in 2022. Starting in 2023, the City of Livermore would be asked to reimburse ACDEH for the inspection services at $174 - $348 per inspection.

Staff recommends that the City Council authorize the City Manager to sign the Memorandum of Understanding with the ACDEH for SB 1383 edible food recovery inspection services.

DISCUSSION
In September 2016, Governor Brown signed into law SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, which established aggressive targets to achieve a reduction in the statewide disposal of organic waste beginning in 2022. SB 1383 directs CalRecycle to divert 75% of organics from landfill and recover 20% of edible food for human consumption by 2025.

On April 27, 2020, the City Council adopted a Resolution authorizing the execution of the Third Amended and Restated Agreement with Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials, and Compostable Materials Services (Franchise Agreement) which identifies both the City’s and LSI’s responsibilities for compliance with SB 1383 but does not include all of the requirements outlined under SB 1383. The Franchise Agreement includes a SB 1383 fee that is collected through the rates to offset the City’s cost to implement this unfunded state mandate.

StopWaste consists of the Alameda County Waste Management Authority (ACWMA) Board, the Source Reduction and Recycling Board, and the Energy Council. StopWaste was formed by a Joint Powers Authority in 1976 and works on behalf of 17 member agencies to provide waste management and program planning services in Alameda County.

On October 25, 2021, City Council adopted a countywide Ordinance, the Organics Reduction and Recycling Ordinance (ORRO), to serve as the enforcement mechanism as required per SB 1383, and would fulfill the City’s requirement to adopt an Ordinance to demonstrate compliance with SB 1383. The requirements of the ORRO are codified into the Livermore Municipal Code, Solid Waste Management chapter 8.08 Section XII to require reduction of organic and recyclable materials deposited in landfills.

StopWaste has agreed on behalf of the City of Livermore to meet several of the requirements of SB 1383. Specifically, StopWaste has taken the lead on identifying a countywide list of edible food generators and food recovery organizations and will implement the required edible food recovery capacity study to assess the capacity/infrastructure within Alameda County to recover edible food.

Per SB 1383, jurisdictions must establish an inspection and enforcement program for Tier 1 and Tier 2 commercial edible food generators (e.g., grocery stores, wholesale food distributors, restaurants, and others) and food recovery organizations (e. g., food banks) to ensure that generators are recovering the maximum amount of edible food that would otherwise be disposed, and confirm that generators have agreements in place with food recovery organizations to recover the edible food.

The Alameda County Department of Environmental Health (ACDEH) is the local enforcement agency that oversees retail food programs in Alameda County. As such, ACDEH issues retail food facility permits and inspects commercial edible food generators as part of its regular duties.

In collaboration with StopWaste and member agency staff, ACDEH staff have drafted a template 110
Memorandum of Understanding (MOU) to integrate edible food recovery compliance monitoring into ACDEH’s inspections of regulated Retail Food Facility entities on behalf of Alameda County jurisdictions.

Staff recommends that the City Council authorize the City Manager to sign the Memorandum of Understanding with the ACDEH for SB 1383 edible food recovery inspection services.

FISCAL AND ADMINISTRATIVE IMPACTS

The financial impact to the City of implementing California Senate Bill 1383 is expected to be significant.

Currently, $100,000 annually is included in LSI rates to offset the costs to implement and enforce SB 1383; this amount does not include procurement requirements.

The ACDEH inspection services would be at no cost to the City of Livermore in 2022. Starting in 2023, the City of Livermore may be asked to reimburse ACDEH for the inspection services at $174 - $348 per inspection, or a total cost from $5,220 to $10,440, assuming each of the 30 Tier 1 generators in Livermore only need one compliance inspection per year.

ATTACHMENTS

1. Resolution

2. Exhibit A -
Retail Food Facility MOU SB 1383 Edible Food Recovery between the City of Livermore and Alameda County Department of Environmental Health

Prepared by: Judy Erlandson
Public Works Manager

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olsen
Administrative Services Director
111

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN THE

MEMORANDUM OF UNDERSTANDING WITH THE ALAMEDA COUNTY
DEPARTMENT OF ENVIRONMENTAL HEALTH FOR SB 1383 EDIBLE FOOD

RECOVERY INSPECTION SERVICES
SB 1383 establishes regulatory requirements for jurisdictions, Generators, haulers, Solid Waste facilities, and other entities to achieve the Organic Waste Disposal reduction targets; and,
SB 1383 requires jurisdictions to implement Collection programs, meet Processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, and fulfill other requirements.

The City of Livermore has chosen to delegate some of its responsibilities to the Alameda County Department of Environmental Health (ACDEH) through this Memorandum of Understanding (MOU); and,
The ACDEH is the local enforcement agency that oversees retail food programs in Alameda County and is willing to integrate edible food recovery compliance monitoring into ACDEH’s inspections of regulated Retail Food Facility entities on behalf of the City of Livermore.

Under Title 8, Section 8.08, Section XII of the City of Livermore Municipal Code, the City of Livermore requires reduction of organic and recyclable materials deposited in landfills to include edible food rescue and diversion programs, consistent with SB 1383 requirements.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that the City Manager or his/her designee is hereby authorized and empowered to execute in the name of the City of Livermore, the MOU with the Alameda County Department of Environmental Health, attached hereto as Exhibit A, to incorporate edible food recovery compliance monitoring into ACDEH’s inspections of regulated Retail Food Facility entities in the City of Livermore.

On motion of Council Member , seconded by
Council Member , the foregoing resolution was passed
and adopted on March 28, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
112
ATTEST: APPROVED AS TO FORM:
/s/ Tara M. Mazzanti
Marie Weber Tara M. Mazzanti
City Clerk Assistant City Attorney
Exhibit A - Retail Food Facility MOU SB 1383 Edible Food Recovery between the City of Livermore and Alameda County Department of Environmental Health 113

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CITY COUNCIL STAFF REPORT
ITEM NO. 5.7

DATE:

March 28, 2022
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Resolution approving the Altamont Settlement Agreement Education Advisory Board's Expenditure Plan for FY 2022-23

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution approving the Altamont Settlement Agreement Education Advisory Board's $600,000 Expenditure Plan for FY 2022-23.

SUMMARY
In 1999, the Settlement Agreement between and among the County of Alameda, the City of Livermore, the City of Pleasanton, Sierra Club, Northern California Recycling Association, Altamont Landowners Against Rural Mismanagement and Waste Management of Alameda County, Inc. (Altamont Settlement Agreement) was ratified by the named parties.

The Altamont Settlement Agreement stipulates that a per ton solid waste surcharge be collected in order to support recycling education programs and job training in the field of waste prevention and recycling and to mitigate the impacts of the landfill operations on the affected community. The Altamont Settlement Agreement also created the Altamont Settlement Agreement Education Advisory Board (EAB) to oversee funds generated by the surcharge. To accomplish this task, the EAB solicits competitive grants from applicants that plan to implement recycling and environmental awareness programs.

The proposed FY 2022-23 Expenditure plan in Exhibit A outlines the EAB's recommended grant awards and expenditures. City Council approval of the Expenditure Plan totaling $600,000 is required per the terms of the Altamont Settlement Agreement.

DISCUSSION
In 1999, the County of Alameda, the cities of Livermore and Pleasanton, the Sierra Club, the Northern California Recycling Association, and Altamont Landowners Against Rural Mismanagement entered into an agreement with Waste Management of Alameda County, Inc. This agreement, known as the 129
Altamont Settlement Agreement, created the Altamont Settlement Agreement Education Advisory Board, or EAB. The EAB convenes monthly and has five voting members. Two members are appointed by the Northern California Recycling Association, one member is the Environmental Educator appointee on the Alameda County Source Reduction and Recycling Board, and the Livermore and Pleasanton city councils each appoint one member. The Livermore City Council appointed Fenna Gatty, a science teacher at Altamont Creek Elementary School. The Pleasanton City Council appointed Tony Dennis, an engineering teacher at Amador Valley High School.

The Altamont Settlement Agreement stipulates that a surcharge be collected to create an Education Account to support recycling education programs and job training in the field of waste prevention and recycling and to mitigate the impacts of the landfill operations on the affected community. The $0.34 per ton surcharge on incoming waste at both Waste Management's Altamont landfill and Republic's Vasco Road landfill generates approximately $465,000 per year and has an account balance of approximately $1 million as of December 31, 2021. Funds are collected from the landfills by the Alameda County Treasurer. The Alameda County Treasurer then transfers the annual allocation to the City of Livermore.

The City of Livermore provides financial management to the EAB and will continue to do so, indefinitely.

The EAB works with an independent contractor to provide administrative support and process dispersal of funds to grant recipients.

The EAB creates an Annual Report to detail the prior year grant funded programs and it also compiles an annual Expenditure Plan by April 1 of each year. Per the terms of the Altamont Settlement Agreement, the Expenditure Plan must be approved by each voting member agency's governing body. Therefore, the Livermore City Council must approve the Expenditure Plan prior to disbursement of the FY 2022-23 grant funds. Approval will also be
sought
from the Pleasanton City Council, the Norther California Recycling Association Board of Directors, and the Alameda County Board of Supervisors.

On December 8, 2021, the EAB unanimously approved the proposed FY 2022-23 Expenditure Plan found in Exhibit A. The proposed Expenditure Plan outlines the funding needs and objectives, the EAB initiated projects, and administration costs paid to the City of Livermore. The proposed Expenditure Plan also notes that unexpended funds from previous grant years will be carried over and, if necessary, applied to the FY 2022-23 grant year. The current unexpended funds balance is approximately $25,000.

For FY 2022-23, the EAB is proposing the following schedule for disbursement of funds, totaling $600,000:

$5000 for EAB communications, website
$125,000 in mini-grants
$280,000 in project grants
$75,000 in EAB initiated projects
$85,000 in multi-year grants
$0 for landfill mitigation projects
$30,000 for financial management and administrative support

Staff is recommending that the City Council adopt a resolution approving the $600,000 Expenditure Plan for FY 2022-23, as required per the Altamont Settlement Agreement.

The 2021 Annual Report that outlines the previous year's grant awards can be found in Attachment 1.

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FISCAL AND ADMINISTRATIVE IMPACTS

The City records the EAB's financial transactions in a custodial fiduciary fund. Approving the EAB's expenditure plan will not impact the City's operating expenditures since fiduciary funds' expenditures are not included in the City's operating expenditure budget. The EAB's expenditures are funded solely by the surcharge originating from the Altamont and Vasco Road Landfills in accordance with the Altamont Settlement Agreement.

The City's annual cost to administer these funds is approximately $33,000 based on fully burdened rates for FY 2021-22. The EAB's Expenditure Plan includes a budget of $30,000 for costs associated with the financial management and administrative support out of which approximately $25,000 is used by the EAB for their program management cost. The City has not recovered its administrative costs since FY 2016-17 leading to a total deficit of about $200,000 in unrecovered administrative costs. Staff is working with the EAB to develop a plan for reimbursement of the City's administrative costs in a manner that mitigates this General Fund subsidy and to implement a plan to fully reimburse for the City’s administrative cost for the financial management of the EAB funds going forward.

ATTACHMENTS

1. 2021 Annual Report

2. Resolution

3. Exhibit A - 2022 Expenditure Plan

Prepared by: Kathy Hughes
Administrative Assistant

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olsen
Administrative Services Director
131
ATTACHMENT 1

EDUCATION ADVISORY BOARD
Altamont Landfill Settlement Agreement
2021 Annual Report
NCRA
Chair
Ruth Abbe
City of Livermore
Vice-chair
Fenna Gatty
City of Pleasanton
Tony Dennis
NCRA
Vacant
Alameda County
Recycling Board
Eric Havel
Board Assistant
Lauren Jenkins
Background
In 1999, the cities of Livermore and Pleasanton, the Sierra Club and the Northern California Recycling Association (NCRA) entered into a settlement agreement with Alameda County and Altamont Landfill. The Altamont Landfill Settlement Agreement created the Altamont Education Advisory Board to propose allocation of funds in the Education Account for recycling education programs, job training in the field of waste prevention and recycling and mitigating the impacts of the landfill operations in the affected community. Funds generated from the $0.34 per ton surcharge amount to approximately $500,000 annually.

There are five voting members on the Education Advisory Board: one appointed by the Livermore City Council; one appointed by the Pleasanton City Council; two appointed by NCRA; and the Alameda County Recycling Board’s Environmental Educator.

The role of the Education Advisory Board is to annually propose the allocation of funds from the Education Account by submitting an Expenditure Plan by April 1 of each year. Concurrence of Alameda County, the cities of Livermore and Pleasanton, and NCRA on the Expenditure Plan is necessary before funds are allocated.

Funds are collected from the Altamont Landfill by the Alameda County Treasurer. The County then remits the annual allocation to the agency administering the funds (07-08 City of Pleasanton, 08-13 and out years, City of Livermore) for disbursal to grant recipients.
2021 Activities
The 2021 Expenditure Plan was approved by each of the parties in the spring of 2021. The Expenditure Plan proposed the following allocations:

Board Communications, website $5,000
Mini-Grants $100,000
Project Grants $230,000
Board Initiated Project Grants $50,000
Multi-Year Grants $185,000
ALARM mitigation projects $0,000
Fund administration $30,000
TOTAL $600,000
Based on the allocation established by the Expenditure Plan, the Education Advisory Board released a Request for Grant Applications for mini-grants, project grants, board initiated project grants and multi-year grants pursuant to the guidelines established in the settlement agreement.

Mini-grants
The Education Advisory Board awarded 26 Mini-Grants for projects meeting the grant criteria, as follows:

Mini-Grant #: 21-01 Resilience Birthright, Inc., Earth Warrior Training and Awards Ceremony, Alameda, West County, $3,000.00 - Funds will be used to work with partnering schools, community leaders, and affiliated organizations in mobilizing an Earth Warrior task force for their communities.

Mini-Grant #: 21-02 Lions Center for the Visually Impaired, You Can Do It! LCVI Reduce, Reuse, Recycle Awareness, Pittsburg, West County, $2,900.00 - Funds will be used to expand awareness and education on the benefits and environmental protection and preservation that starts with YOU on America’s National Recycle Day.

Mini-Grant #: 21-03 Oakland Unity Middle School, OUMS Sustainability Mini-Grant Project 1:

Sustainability and Education in Students, Oakland, West County, $3,000.00 - Funds will be used to build a positive mindset and practice around sustainability with students by taking students to landfills, recycling center or food recovery centers in partnership with Northern California Recycling Association. 132
ATTACHMENT 1
Mini-Grant #: 21-04 Oakland Unity Middle School, OUMS
Sustainability Mini-Grant Project 2: School Culture and Practice Change, Oakland, West County, $3,000.00 - Funds will be used to change the culture and practices of the school as a whole while reducing landfills and food waste on campus.

Mini-Grant #: 21-05 Oakland Unity Middle School, OUMS
Sustainability Mini-Grant Project 3: Neighborhood Clean Up and Community Outreach on Sustainability, Oakland, West County, $3,000.00 - Funds will be used to purchase supplies to fund monthly clean-up of the spaces used in the neighborhood surrounding the school and beyond.

Mini-Grant #: 21-06 Ecology Center, Plastic Free July, Berkeley, West County, $3,000.00 - Funds will be used to convert community members into plastic recycling stewards to spread knowledge and awareness regarding recycling, single-use plastics, plastic pollution and many more plastic-free related topics.

Mini-Grant #: 21-07 Ecology Center, Materials Recovery Facility (Recycling Center) Virtual Tour, Berkeley, West County, $3,000.00 - Funds will be used to stage and produce a high quality recycling tour clip that will be coupled with education about how to sort materials properly, a discussion about reuse and reduction tips, plastics recycling and the global plastic pollution crisis.

Mini-Grant #: 21-08 Oakland Leaf Foundation, Love Cultivating Schoolyards Grant, Oakland, West County, $3,000.00 - Funds will be used to fund a paid internship program for 20 East Oakland high school students that evolves youth into active stewards of the natural world and community leaders through growing plants, harvesting produce, turning compost, studying insects and participating in monthly professional development workshops.

Mini-Grant #: 21-09 KIDS for the BAY, Blue Watershed Classrooms Program, Berkeley, West County, $3,000.00 - Funds will be used to provide on-going support for previous partner teachers in the KftB programs, to shift the culture and practice of waste prevention and waste management in their schools.

Mini-Grant #: 21-10 Sylvia Mendez Green Team, Sylvia Mendez Elementary Reusables/Green Team, Berkeley, West County, $3,000.00 - Funds will be used to purchase a school set of dishes, offer a field trip to the upper grades and possibly a waste-related assembly.

Mini-Grant #: 21-11 Green Club, Green Club Gardening Kits, Alameda, West County, $1,140.00 - Funds will be used to create and distribute “gardening kits” under Green Club to spread knowledge in growing local food, waste reduction and sustainability.

Mini-Grant #: 21-12 2 A Good Cause, Inc., Don’t Dump-Donate, Oakland, West County, $3,000.00 - Funds will be used to educate librarians and teachers of donors schools new to the program to in turn increase the number of donor schools for books, lost and found items and start collecting and distributing art supplies and sports equipment.

Mini-Grant #: 21-13 Re-Up Refills, Refillable Printed Bottles, Oakland, West County, $3,000.00 - Funds will be used to produce printed containers to immediately reduce waste, solve logistical issues and allow for a scale that can educate and introduce more residents and businesses to the refill concept.

Mini-Grant #: 21-14 Re-Up Refills, Re-Usable Transport Materials, Oakland, West County, $3,000.00 - Funds will be used to design and create more sustainable, re-useable transport materials for the waste-reducing, refill service offered in Alameda County.

Mini-Grant #: 21-15 Re-Up Refills, Automated Refill Station, Oakland, West County, $3,000.00 - Funds will be used to creating an automated Refill Station to make refilling home goods products more accessible, convenient and affordable than it is to purchase brand new products in single-use plastic containers.

Mini-Grant #: 21-16 Fixit Clinic, Pandemic-to-Post-Pandemic Repair Bridge, Berkeley, West County, $3,000.00 - Funds will be used to make the specialty tools necessary to disassemble, troubleshoot and diagnose household appliances and electronics available to borrow from Ace Makerspace.
2021 Funding Expenditures
Total Expenditures for 2021 were as follows:

Board Communications, website $5,000.00
Mini-Grants $76,040.00
Project Grants $268,109.00
Multi-Year Grants $185,000.00 Board Initiated Project Grants $0,000.00
ALARM mitigation projects
$0,000.00
Fund administration $30,000.00 Total 2021 Expenditures $564,149.00

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ATTACHMENT 1
Mini-Grant #: 21-17 Fixit Clinic, Smartphone Battery Replacement, Oakland, West County, $3,000.00 - Funds will be used to develop and refine age-specific messaging about the complicated reuse and repair, recycling and environmental issues surrounding the dangers of disposing of Li-ion batteries in the regular trash.

Mini-Grant #: 21-18 Common Vision, Schools as Food Hubs/MamaWanda’s Garden School Video Lessons, Ukiah, West County, $3,000.00 - Funds will be used to create three video lessons to be included in the MamaWanda Garden School Video Curriculum that teaches elementary aged children about food, nutrition and waste through a series of 14 lessons in the garden.

Mini-Grant #: 21-19 Bio-Link Depot, Inc., Proactive Support for STEM Education in Underserved Schools within Alameda County, Oakland, West County, $3,000.00 - Funds will be used to allow the existing core staff members to devote significant time to developing an outreach strategy, so as to facilitate ongoing engagement, and prioritize the needs of underrepresented student and teachers in STEM locally.

Mini-Grant #: 21-20 Community Action for a Sustainable Alameda, CASA Youth Social Media Internship, Alameda, West County, $3,000.00 - Funds will be used to provide monthly stipends to four teen interns who are tasked with developing a social marketing strategy, creating content, interviewing people for testimonials create informal videos for social media platforms.

Mini-Grant #: 21-21 Sharma Environmental Consulting, Source Reduction-Pollution for Schools in San Leandro Unified School District, Fremont, West County, $3,000.00 - Funds will be used to provide source reduction through green cleaning implementation to public schools in San Leandro Unified School District.

Mini-Grant #: 21-22 Sharma Environmental Consulting, Source Reduction-Pollution for Schools in Mountain House ESD (Alameda County), Fremont, West County, $3,000.00 - Funds will be used to provide source reduction through green cleaning implementation to public schools in Mountain House ESD (Alameda County).

Mini-Grant #: 21-23 Sharma Environmental Consulting, Source Reduction-Pollution for Schools in Oakland Unified School District, Fremont, West County, $3,000.00 - Funds will be used to provide source reduction through green cleaning implementation to public schools in Oakland Unified School District.

Mini-Grant #: 21-24 Resilience Birthright, Inc., Baby Resilience K-2 Food Waste Bank, Alameda, West County, $3,000.00 - Funds will be used to create an Earth Warrior-Superhero Resilience curriculum that can be used for Kindergarten-Second grade incorporating Next Generation Science Standards, California Environmental Literacy Standards and Ocean and Climate Literacy Essential Principles, specifically focusing on food waste prevention.

Mini-Grant #: 21-25 Resilience Birthright, Inc., Baby Resilience K-2 Food Waste Educational Videos and Lesson Plans, Alameda, West County, $3,000.00 - Funds will be used to create an Earth Warrior-Superhero Resilience curriculum that can be used for Kindergarten-Second grade incorporating Next Generation Science Standards, California Environmental Literacy Standards and Ocean and Climate Literacy Essential Principles, specifically focusing on food waste prevention.

Mini-Grant #: 21-26 Wee Poets, Wee Poets, Berkeley, West County, $3,000.00 - Funds will be used to produce 2, 30-minute videotapes that emphasize and promote source reduction, recycling and the purchase of recycled goods, stimulate children and adults to be advocates for recycling.

The total 2021 Expenditure Plan budget of $100,000 for Mini-Grants was approved by the Board along with the option to carry over all unexpended funds from previous grant years and expend if necessary. A total of $76,040.00 in Mini-Grants was approved.

Project Grants
The Education Advisory Board awarded 10 Project Grants to the following projects:

Project Grant #: 21-27 Pleasanton Unified School District, PUSD Intern for AB 1826 and SB 1383, Pleasanton, East County, $49,499.00- Funds from this grant will be used to develop and implement programs for Child Nutrition Services (CNS) department and PUSD compliance with AB 1826 and SB 1383; train CNS staff at all school sites on practices to reduce food waste, recover edible food and separate organics properly; support CNS sustainability communication efforts: preparation of reports, data analysis, summaries, presentations, benchmarking and coordinate update to the website. 134
ATTACHMENT 1
Project Grant #: 21-28 Berkeley Unified School District, BUSD: Striving for Zero Waste, Berkeley, West County, $30,000.00- Funds from this grant will be used to provide continued support for the Sustainability Coordinator Position; establish direct student support and educational resources; strengthen district-level support structures for school-level leadership; advance communications and coordination within district and with external community; provide continued infrastructural support.

Project Grant #: 21-29 Robot Garden, Fixit Clinics for Training High School Youth, Livermore, East County, $16,000.00- Funds from this grant will be used to recruit and train 50 high school students to participate in Fixit Clinics; teach 50 high school students the basics of consumer electronics repair; assist 500 Alameda County resident to repair items and extend their useful life; educate 12,500 high school students and their families about eWaste issues, educate 238,000 residents of Dublin, Pleasanton and Livermore about e-waste issues; divert or delay an estimated 4,000 pounds of items and eWaste from local landfills; develop a bilingual website and printed materials that provides info and resources related to eWaste.

Project Grant #: 21-30 Nancy Deming, Striving for Zero Waste-Alameda County Wide K-12 School Support, Richmond, West County, $30,000.00- Funds from this grant will be used to assist schools and school districts with sustainable methods to initiate and continue waste reduction and sorting programs; identify and find ways to empower existing staff to take on an element of the program to ensure longevity
Project Grant #: 21-31 The Berkeley Food Network, Food Recovery Program Expansion, Berkeley, West County, $30,000.00- Funds from this grant will be used to expand food recovery in Berkeley and surrounding municipalities to 750,000 pounds recovered between July 1, 2201 and June 30, 2022; disseminate safe food handling protocols for donated food to donors, membership network and volunteers; increase amount of food available to food-insecure residents in Berkeley, both housed and unhoused; provide volunteer opportunities for Berkeley’s youth.

Project Grant #: 21-32 Go Green Initiative, Support for Pleasanton Unified and Hayward Unified School Districts, Pleasanton, West County, $31,000.00- Funds from this grant will be used to implement a source reduction and waste diversion program that ensures high-quality, uncontaminated streams of recovered materials, recycling and organics throughout Pleasanton Unified School District and Hayward Unified School District.

Project Grant #: 21-33 Fixit Clinics, San Ramon Repairs!, Berkeley, West County, $14,750.00- Funds from this grant will be used to activate and empower Dougherty Valley High School students to lead the effort to deploy repair throughout San Ramon now and into the future while building sustainability alongside the community and nurturing the ever-replenishing supply of local repairers coming from Dougherty Valley High School.

Project Grant #: 21-34 RRRComputer.org, Inc., From Landfills to Learners: Closing the Digital Divide and Reducing E- Waste in Alameda County Landfills, Oakland, West County, $20,140.00- Funds from this grant will be used to procurement of reusable laptops from Bay Area companies to encourage a culture of waste prevention; continually improve efficiencies in the refurbishment process to provide high quality reusable laptops safely to students; expand distribution outreach of reusable laptops; enhance learning opportunities for students and their families by strengthening the educational component in relation to e-waste prevention and digital competency.

Project Grant #: 21-35 Earth Team, Adopt Three Bins: Mentoring Families to Reduce Household Waste, Richmond, West County, $26,720.00- Funds from this grant will be used to recruit and train leadership teams made up of 4 teams of interns to lead community members as 3 bin ambassadors and mentors; increase household awareness through hands-on education; increase household actions by implementing in-home 3 bin systems in 200 low income households to reduce trash going to the landfill by 30% after 1 year.

Project Grant #: 21-36 Transition Berkeley, Essential Repair Skills Training, Berkeley, West County, $20,000.00- Funds from this grant will be used to teach high school students basic problem solving skills; about ecology, waste-stream, product design, circular economy and repair concepts; experience hands-on learning about how to diagnose and repair; how to perform simple repairs on their own products; learn how existing products are made and analyze how they could be better designed and constructed; work directly with the Berkeley community as a repair volunteer; learn about job/career opportunities. 135
ATTACHMENT 1
The total 2021 Expenditure Plan budget of $230,000 for Project Grants was approved by the Board along with the option to carry over all unexpended funds from previous grant years and expend if necessary. A total of $268,109.00 in Project Grants was awarded.

Multi-Year Grants
The Education Advisory Board awarded 1 Multi-Year Grants in the 2021 cycle.

Multi-Year Grant #: 21-37(1) Green Schools Challenge, Alameda County Green Schools Challenge, Alameda, West County, $30,000.00- Funds from this grant will be used to offer increased support in their previous efforts in waste reduction as well as assistance with complying with new laws such as SB 1383.

The total 2021 Expenditure Plan budget of $185,000 for Multi-Year Grants was approved by the Board along with the option to carry over all unexpended funds from previous grant years and expend if necessary. A total of $30,000.00 in Multi-Year Grants was awarded.

ALARM Mitigation Projects
Pursuant to the terms of the settlement agreement, the 2021 Expenditure Plan set aside $0 for mitigation projects for landowners in the vicinity of the landfill. The Education Advisory Board corresponded with ALARM (Altamont Landowners Against Rural Mismanagement) to notify them of the available funding. No applications were submitted for consideration during the 2020 funding cycle. The Board will continue to communicate with ALARM regarding appropriate projects for funding. 136
RESOLUTION NO.

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING THE ALTAMONT SETTLEMENT AGREEMENT EDUCATION ADVISORY BOARD’S EXPENDITURE PLAN FOR FY 2022-23 The Settlement Agreement Between and Among the County of Alameda, City of Livermore, City of Pleasanton, Sierra Club, Northern California Recycling Association (“NCRA”), Altamont Landowners Against Rural Mismanagement, and Waste Management of Alameda County, Inc. dated November 30, 1999 (“Settlement Agreement”) provides for collection of a per ton fee from the Altamont Landfill and Resource Recovery Facility for impacts on the communities due to expansion of the landfill.

The per ton fee provided for under the Settlement Agreement increases annually based on the Consumer Price Index. A portion of the fee collected, currently $0.34 cents per ton, is set aside to fund the Education Account overseen by the Education Advisory Board (“EAB”). The EAB, which consists of two members chosen by the NCRA, one member chosen by theCity of Livermore, one member chosen by the City of Pleasanton, and the Alameda County Recycling Board’s environmental educator, proposes disbursement of the Education Account contingent upon approval of all members of the EAB.

The attached FY 2022-23 Expenditure Plan outlines the EAB’s proposed plan, summary, and funding allocations for FY 2022-23. The EAB may award funds to qualified applicants that implement recycling and environmental awareness programs based on a competitive grant process.

NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Livermore, that it hereby approves the FY 2022-23 Expenditure Plan, attached hereto as Exhibit A, that is proposed by the Altamont Settlement Agreement Education Advisory Board for the expenditure of $600,000.

On motion of Council Member , seconded
by Council Member , the foregoing resolution was
passed and adopted on March 28, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
137
RESOLUTION NO.

ATTEST: APPROVED AS TO FORM:
/s/ Jason R. Alcala
Marie Weber Jason R. Alcala
City Clerk City Attorney
Exhibit A – 2022 Expenditure Plan
138
Altamont Settlement Agreement
Education Advisory Board
January 5, 2022
2022/2023 Expenditure Plan

EXHIBIT A
ATTACHMENT 1 Page 1

Plan Summary
The Altamont Landfill Settlement Agreement created the
Altamont Education Advisory Board to propose allocation of funds in the Education Account for diversion education
programs, job training in the field of waste diversion and recycling and mitigating the impacts of the landfill operations on the affected neighboring community. Funds generated from the $0.34 per ton surcharge originating from the Altamont Landfill and the Vasco Road Landfill are expected to amount to approximately $442,000 annually. This per ton surcharge fee will be increased based on the consumer price index effective January 1, 2018.

The Need
The Altamont Landfill and Vasco Road Landfill accept
material for disposal from Alameda County jurisdictions, and from the city of San Ramon. Funding programs in diversion education and job training in waste diversion and recycling throughout the landfill service area will preserve the life of the landfill and save resources.

Target Sectors
 Environmental education programs that serve schools
 Non-formal environmental education programs,
serving students K-12
 Community-based environmental education programs
 Job training programs in the field of waste diversion and recycling
 Support to institutions and communities required to
conform to new state laws, such as SB 1383
Funding Goals
 Allocate $442,000 per year for education and job
training programs in waste prevention, source
reduction, reuse, recycling, composting, and
procurement of recycled content products.
 Report measurable results to the Northern California
Recycling Association (NCRA), Alameda County
Board of Supervisors and cities of Livermore and
Pleasanton on an annual basis.
 Provide up to two cents ($0.02) of every thirty-four
cents ($0.34) of the Education Account to Alameda
Landowners Against Mismanagement (ALARM) for
landfill mitigation projects (pursuant to Settlement
Agreement sec. 7.3.3)
 Provide up to two percent (2%) of the funds received
in the Education Account to the City of Livermore for
financial management of the account (pursuant to
Settlement Agreement sec. 7.6.2)
Objectives
Grants and projects:
 Mini-grants – The mini-grant program awards between
$500-$3,000 to all eligible projects that meet award criteria up to the funding allocation amount. In 2018-19, mini-
grants supported environmental science programs and
school recycling and composting infrastructure projects.  Project grants – The annual grant program would award competitive grants up to $50,000 for projects that would make significant contributions to the development of
sustainable diversion education programs and job training in waste prevention and recycling. Types of projects could include: curriculum development, district-wide diversion education programs, job training programs, and
community-based programs.
 Multiple year grants – Allow applicants for the annual grant program, to propose multiple year grants for up to three years of on-going support.
 Board initiated projects – Board initiated projects include projects for which a separate solicitation will need to be performed or special projects to be developed by the Board that fulfill a special niche or program area not addressed by the grants program. Types of projects could include job training partnerships, outreach programs, video and
website development, and joint projects with other
agencies.

Deliverables and Major Milestones
2022-23 Continue to develop job-training partnerships with education institutions, state and community colleges.
1/2022 Initiate development of 2022-23 expenditure plan. 1/2022 Release Request for Grant Applications.
3/2022 Annual expenditure plan to NCRA, Board of
Supervisors and cities of Livermore and Pleasanton.
5/2022 Award project grants for 2022-23 school year.

Assumptions
 The environmental education community perceives a need for diversion education programs and can develop grant
proposals that meet the goals and objectives of the parties to the settlement agreement and the Education Advisory
Board.
 The Education Advisory Board can identify appropriate partners for enhancing or developing job training programs in waste prevention and recycling.
139
Altamont Settlement Agreement
Education Advisory Board
January 5, 2022
2022/2023 Expenditure Plan

EXHIBIT A
ATTACHMENT 1 Page 2

Constraints
 COVID pandemic has required flexibility and adaptability in required timelines and milestones.
 Teachers and others involved in environmental education are very busy and may not respond to grant solicitations.  Other funding agencies, such as the Alameda County
Waste Management Authority and Source Reduction and
Recycling Board may have differing priorities that
dominate the program offerings.
 The Education Account has limited funds that must be
stretched over a large service area.

Proposed Allocations
Board communications, website $5,000 Mini-grants $125,000
Project grants $280,000
Board initiated projects $75,000
Multi-year grants $85,000
ALARM mitigation projects* $00,000
Fund administration $30,000
TOTAL $600,000
All unexpended funds from previous grant years will be
carried over and, if necessary, applied to the 2022-2023 grant year.
*ALARM fund has reached maximum amount of $100,000
140

CITY COUNCIL STAFF REPORT
ITEM NO. 5.8

DATE:

March 28, 2022
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Resolution rescinding the previous Recycled Procurement Policy and replacing with an Environmentally Preferable Purchasing and Practices policy

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution rescinding the previous Recycled Procurement Policy and replace it by approving an Environmentally Preferable Purchasing and Practices policy.

SUMMARY
The City’s existing Recycled Product Procurement (RPP) policy was adopted in 1992 and staff has created a new Environmentally Preferable Purchasing and Practices (EPP) policy to replace it. The new EPP policy describes a broader spectrum of sustainability practices that are up to date with current laws and practices. The new policy will document the City’s sustainability goals and align the City’s purchasing practices with SB 1383 and other regulations.

DISCUSSION
In 1992, the City Council adopted Resolution 1992-236 establishing a Recycled Product Procurement (RPP) policy. The purpose was to comply with then-new recycling laws which established initial statewide waste diversion goals.

In September 2016, SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016 was passed. It established aggressive targets to achieve a reduction in the statewide disposal of organic waste beginning in 2022. One component of SB 1383 establishes procurement goals for recycled content paper products. While SB 1383 does not require a jurisdiction to have an EPP policy, the updated EPP will help the City align its purchasing practices with the regulation.

The revised EPP policy, unlike the RPP, provides a more comprehensive system of evaluating purchases for environmental preferences. The City Council has adopted several environmental policies including a high diversion goal to meet or exceed 75% diversion from landfill by 2015 and beyond. The draft 2022 Climate Action Plan will also include measures for the City to take to avoid disposal. An EPP 141
policy is an important tool in achieving both increased diversion from the landfill and creating demand for products that contain recycled content.

POLICY DEVELOPMENT AND DESCRIPTION
Staff drafted the EPP policy from a model policy developed by StopWaste, an agency which consists of the Alameda County Waste Management Authority Board, the Source Reduction and Recycling Board, and the Energy Council. StopWaste was formed by a Joint Powers Authority in 1976, and works on behalf of 17 member agencies to provide waste management and program planning services in Alameda County. Many jurisdictions in Alameda County are also in the process of updating their EPP policies to align with SB 1383 procurement goals, including the Cities of Pleasanton and Dublin.

Many measures in the policy are already being practiced throughout the City. For example, sections

3.1.1 and 3.1.10 of the EPP encourages paper reduction efforts. The City has been implementing various paperless policies over the last few years and more were implemented at an accelerated pace in 2020 as many employees worked remotely due to the pandemic.

Sections 3.1.2 and 3.2.5 of the EPP
promotes use of remanufactured products. The Maintenance and Fleet divisions in Public Works recycles and/or refurbishes a wide variety of materials such as tires, concrete, motor oil, street signs, and scrap metal. Section 3.6.7 of the EPP suggests replacement with less-polluting vehicles and the Fleet division has purchased three electric and two hybrid vehicles this fiscal year to replace older gas vehicles. The City also has a reuse station and surplus program for office supplies and furniture which is supported by section 3.1.1 of the EPP.

Nothing in the policy shall require procurement of recycled products that are not available at a reasonable price or within a reasonable period of time. Some contractors providing goods or services to the City such as the City’s office supplier, janitorial contractor, and printing vendor will also be required to comply with the City’s EPP policies and report their qualifying purchases to the City.

FISCAL AND ADMINISTRATIVE IMPACTS
The EPP policy includes language that allows staff to use discretion when determining whether products are practicable and available at a competitive price. In addition, the City is already practicing provisions of the policy as mentioned in the examples above. Staff estimates an ongoing annual cost of $5,000 for administrative review and management.

ATTACHMENTS

1. RPP Resolution 1992-236

2. Resolution

3. Exhibit A - Environmentally Preferable Purchasing and Practices Policy

Prepared by: Marisa Gan
Recycling Specialist

142
Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olsen
Administrative Services Director
143
ATTACHMENT 1
144
ATTACHMENT 1
145
ATTACHMENT 1
146
ATTACHMENT 1
147
ATTACHMENT 1
148
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION RESCINDING THE PREVIOUSLY APPROVED

RECYCLED PROCUREMENT POLICY AND REPLACING WITH AN

ENVIRONMENTALLY PREFERABLE PURCHASING AND PRACTICES

POLICY FOR THE CITY OF LIVERMORE
The City of Livermore recognizes the products and services the City buys create economic, environmental, and human health impacts and the procurement decisions should reflect the City’s ongoing commitment to sustainability. The City of Livermore recognizes its responsibility to protect human health and the environment while supporting a diverse, equitable, and vibrant community and economy.

The City of Livermore already procures products and services that meet the intent of this policy and it shall be the goal that all purchases made with City funds meet its intent. The Environmentally Preferable Purchasing and Practices (EPP) policy, will build onto the previously approved recycled product procurement resolution (1992-236).

Minor administrative changes to the EPP policy may be made by staff in the Environmental Services Division or the Finance Division, but any substantial changes must be approved and adopted by the City Council.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, as follows:

1. The City Council authorizes rescinding the previously approved Recycled Procurement Policy and replacing with an Environmentally Preferable Purchasing and Practices Policy.

2. The City Council approves the Environmentally Preferable Purchasing policy attached as Exhibit A.

3. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

On motion of Council Member , seconded by
Council Member , the foregoing resolution was passed
and adopted on March 28, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
149
RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
/s/ Tara M. Mazzanti
Marie Weber Tara M. Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Environmentally Preferable Purchasing and Practices Policy 150

EXHIBIT A

Page 1 ends

ENVIRONMENTALLY PREFERABLE PURCHASING

AND PRACTICES POLICY

CITY OF LIVERMORE

1.0 STATEMENT OF POLICY
It is the policy of the City of Livermore to:
• Institute practices that reduce waste by increasing product efficiency and effectiveness,
• Purchase products that minimize environmental impacts, toxics, pollution, and hazards to worker and community safety to the greatest extent practicable, and • Purchase products that include Recycled Content, are durable and long-lasting, conserve energy and water, use agricultural fibers, reduce greenhouse gas emissions, use unbleached or chlorine free manufacturing processes, are lead- free and mercury-free, and use wood from sustainably harvested forests.

2.0 PURPOSE
This policy is adopted in order to:
 Conserve natural resources,
 Purchase products and institute practices that conserve energy and water.  Purchase products that include recycled content to support strong recycling markets,
 Purchase products and institute practices to help reduce materials that are landfilled,
 Identify environmentally preferable products and distribution systems, and  Create a model for successfully purchasing environmentally preferable products and services that encourages other buyers and consumers in our community to adopt similar goals.

3.0 SPECIFICATIONS

3.1 Source Reduction

3.1.1 The City of Livermore shall institute practices that reduce waste, encourage reuse, and result in the purchase of fewer products whenever practicable and cost-effective, but without reducing safety or workplace quality.

3.1.2 The City of Livermore shall purchase Remanufactured Products such as toner cartridges, tires, furniture, equipment, and automotive parts whenever practicable, but without reducing safety, quality, or effectiveness.

3.1.3 All Buyers shall consider short-term and long-term costs in comparing product alternatives, when feasible. This includes evaluation of total costs expected 151

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during the time a product is owned, including, but not limited to, acquisition, extended warranties, operation, supplies, maintenance and replacement parts, disposal costs and expected lifetime compared to other alternatives.

3.1.4 Products that are durable, long lasting, reusable, or refillable are preferred whenever feasible and avoid purchasing one-time use or disposable products.

3.1.5 Request vendors eliminate packaging or use the minimum amount necessary for product protection. Vendors shall be encouraged to take back packaging for Reuse. A vendor’s willingness to take back packaging will be used as part of the consideration in the bid process.

3.1.6 Packaging that is reusable, recyclable, or compostable is preferred, when suitable uses and programs exist.

3.1.7 Vendors shall be encouraged to take back and Reuse pallets and packaging materials.

3.1.8 Consider provisions in contracts with suppliers of non-electronic equipment that require suppliers to take back equipment for reuse or environmentally sound recycling when the City of Livermore discards or replaces such equipment, whenever possible. Suppliers will be required to state their take back, reuse, or recycling programs during the bidding process.

3.1.9 Promote electronic distribution of documents rather than printing or copying including preferred use of electronic signature whenever feasible.

3.1.10 When producing paper documents, print and copy all documents on both sides to reduce the use and purchase of paper. Printers and copiers shall be set to default to duplex.

3.1.11 Ensure all imaging equipment is installed with energy and resource-efficient settings set as default.

3.2 Recycled Content Products

3.2.1 All paper products purchased shall be consistent with requirements of the California Public Contract Code, Sections 22150 through 22154 and Sections 12200 and 12209, as amended.

3.2.2 Copiers and printers purchased shall be compatible with the use of Recycled Content products.

3.2.3 In accordance with California Public Contract Code, Section 10409, the City of Livermore shall purchase re-refined lubricating and industrial oil for use in its vehicles and other equipment, if it is certified by the American Petroleum Institute (API) as appropriate for use in such equipment. This section shall not prohibit the purchase of virgin-oil products for exclusive use in vehicles whose warranties expressly prohibit the use of products containing recycled oil. 152

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3.2.4 When specifying asphalt, concrete, aggregate base or Portland cement concrete for road construction projects, the City of Livermore shall use recycled, reusable, or reground materials when practicable.

3.2.5 The City of Livermore shall specify and purchase Recycled Content transportation products, including signs, cones, parking stops, delineators, and barricades when available.

3.2.6 All eligible paper products shall contain a statement that the paper is recyclable as defined in 16 Code of Federal Regulations (CFR) Section 260.12.

3.3 Energy and Water Savings

3.3.1 Where applicable, energy-efficient equipment shall be purchased with the most up-to-date energy efficiency functions. This includes, but is not limited to, high efficiency space heating systems and high efficiency space cooling equipment.

3.3.2 When practicable, the City of Livermore shall replace inefficient lighting with energy-efficient equipment.

3.3.3 All products purchased by the City of Livermore and for which the U.S. EPA Energy Star certification is available shall meet Energy Star certification, when practicable. When Energy Star labels are not available, choose Energy-Efficient Products that are in the upper 25% of energy efficiency as designated by the Federal Energy Management Program.

3.3.4 The City of Livermore shall purchase Water-Saving Products whenever practicable. This includes, but is not limited to, high-performance fixtures like toilets, low-flow faucets and aerators, and upgraded irrigation systems.

3.4 Green Building – Construction and Renovations

3.4.1 All building and renovations undertaken by the City of Livermore shall consider Green Building practices for design, construction, and operation, where appropriate, as described in the LEEDTM Rating System.

3.5 Landscaping

3.5.1 City staff and Direct Service Providers should use Recovered Organic Waste Products, specifically Compost and SB 1383 Eligible Mulch, for landscape renovations, construction and maintenance, as practicable, whenever available.

3.5.2 All landscape renovations, construction and maintenance performed by the City of Livermore by both City staff and its Contractors providing landscaping services for the City , shall employ Rescape Landscaping or sustainable landscape management techniques for design, construction, and maintenance practices whenever possible, including, but not limited to, Integrated Pest Management, grasscycling, drip irrigation, computerized central irrigation linked with the local weather station, and use of Recovered Organic Waste Products specifically Compost and SB 1383 Eligible Mulch.
153

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3.5.2 Plants should be selected to minimize waste by choosing species for purchase that are appropriate to the microclimate, species that can grow to their natural size in the space allotted them, and perennials rather than annuals for color.

Native and drought-tolerant plants that require no or minimal watering once established are preferred.

3.5.3 Hardscapes and landscape structures constructed of Recycled Content materials are encouraged. The City of Livermore shall limit the number of impervious surfaces in the landscape, wherever practicable. Permeable substitutes, such as permeable asphalt or pavers, are encouraged for walkways, patios, and driveways.

3.5.4 Swales will be created wherever practicable in all landscape renovations and construction performed by the City of Livermore to assist in water run-off management. Outreach programs will be developed to instruct the public in the proper maintenance of swales.

3.6 Toxics and Pollution

3.6.1 Whenever practicable when maintaining buildings and landscapes, the City of Livermore and its Contractors shall manage pest problems through prevention and physical, mechanical, and biological controls. The City of Livermore may either adopt and implement an Organic Pest Management policy and practices or adopt and implement an Integrated Pest Management (IPM) policy and practices using the least toxic pest control as a last resort.

3.6.2 When maintaining buildings, the City of Livermore shall, whenever practicable, use products with the lowest amount of volatile organic compounds (VOCs), highest Recycled Content, and low or no formaldehyde when purchasing materials such as paint, carpeting, adhesives, furniture, and casework.

3.6.3 To the extent practicable, the City of Livermore shall require its janitorial Contractor to supply industrial and institutional cleaning products that meet Green Seal certification standards for environmental requirements.

3.6.4 To the extent practicable, the City of Livermore shall purchase paper, paper products, and janitorial paper products that are unbleached or are processed without chlorine or chlorine derivatives.

3.6.5 The City of Livermore will prohibit the purchase of products that use polyvinyl chloride (PVC) such as, but not limited to, furniture and flooring, whenever practicable.

3.6.6 The City of Livermore shall purchase products and equipment with no lead or mercury whenever possible. For products that contain lead or mercury, the City of Livermore shall give preference to those products with lower quantities of these metals and to vendors with established lead and mercury recovery programs. In addition, whenever lead- or mercury-containing products require 154

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disposal, city employees will be given direction to dispose of those products in the most environmentally safe manner possible.

3.6.7 When replacing vehicles, the City of Livermore shall consider less-polluting alternatives to diesel such as compressed natural gas, bio-based fuels, hybrids, electric batteries, and fuel cells, as available.

3.6.8 Purchase or specify commercial carpeting that meets NSF/ANSI 140 Standard for Sustainable Carpet Assessment and require old carpet that is removed be recycled when feasible.

3.6.9 Purchase or specify non-carpet floor coverings that meet NSF/ANSI 332 Standard for Resilient Flooring including vinyl, linoleum, and rubber flooring.

3.7 Agricultural Bio-Based Products

3.7.1 Paper, paper products, and construction products made from non-wood, plant- based contents such as agricultural crops are encouraged whenever practicable.

3.7.2 Use compostable products that are biodegradable and compostable, such as bags, food and beverage containers, and cutlery.

3.7.3 Ask vendors to provide proof of compliance with ASTM standards for compostable, biodegradable, and Biodegradable Plastic products upon request.

One acceptable proof of compliance for compostable products will be certification by the Biodegradable Products Institute (BPI).

3.8 Forest Conservation Products

3.8.1 To the greatest extent practicable, do not procure wood products such as lumber and paper that originate from forests harvested in an environmentally unsustainable manner. When possible, give preference to wood products that are certified to be sustainably harvested by a comprehensive, performance- based certification system. The certification system shall include independent third-party audits, with standards equivalent to, or stricter than, those of the Forest Stewardship Council certification.

3.8.2 Encourage the purchase or use of previously used or salvaged wood and wood products whenever practicable.

4.0 RESPONSIBILITIES

4.1 The health and safety of workers and citizens is of utmost importance and takes precedence over all other practices. Also, the City of Livermore recognizes its duty to act in a fiscally responsible as well as a timely manner.

4.2 Nothing contained in this policy shall be construed as requiring a department, purchaser, or Contractor to procure products that do not perform adequately for 155

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their intended use, exclude adequate competition, risk the health or safety of workers and citizens, or are not available in a reasonable period of time.

4.3 If fitness and quality are equal, the Buyer shall purchase environmentally preferred products instead of products that are less environmentally preferred whenever they are available at the same cost or up to 5% the cost of the less environmentally preferred items.

4.4 Nothing contained in this policy shall be construed as requiring the City of Livermore, department, purchaser, Direct Service Provider, or Contractor to take any action that conflicts with local, state, or federal requirements.

4.5 The City of Livermore has made significant investments in developing a successful recycling system and recognizes that Recycled Content products are essential to the continuing viability of that recycling system and for the foundation of an environmentally sound production system. Therefore, to the greatest extent practicable, Recycled Content shall be included in products that also meet other specifications, such as chlorine free or compostable products as certified by the BPI.

5.0 IMPLEMENTATION

5.1 Each department will be responsible for implementing this policy, with assistance from the Environmental Services Division and Finance Division.

5.2 Successful bidders shall certify in writing that the environmental attributes claimed in competitive bids are accurate. In compliance with state law, vendors shall be required to specify the minimum or actual percentage of recovered and Post-consumer Material in their products, even when such percentages are zero.

5.3 Upon request, Buyers making the selection from competitive bids shall be able to provide justification for product choices that do not meet the environmentally preferable purchasing criteria in this policy.

5.4 Buyers shall attempt to include businesses certified by the California Green Business Program in requests for products and services.

5.5 Vendors, contractors and grantees shall comply with applicable sections of this policy for products and services provided to the City of Livermore, where practicable.

6.0 PROGRAM EVALUATION

6.1 Staff from the Environmental Services Division will obtain data, as available, regarding Recycled Content product purchases from individual departments and/or city-wide vendors (e.g., the City office supply vendor) on at least an annual basis. Purchasing trends will be evaluated to see if Recycled Content and/or less toxic alternatives are available, if alternate practices could be introduced to reduce waste, and to identify new practices, products or trends that 156

EXHIBIT A

Page 7 ends

could help the City achieve its waste reduction and recycling goals as well as compliance with state law.

7.0 DEFINITIONS

7.1 “Agricultural Bio-Based Products” means commercial or industrial products (other than food or feed) that utilize agricultural crops or residues but does not include products made from forestry materials.

7.2 “Biodegradable plastic” means the degradation of the plastic must occur as a result of the action of naturally occurring microorganisms.

7.3 “Biodegradable Products Institute” (BPI) is a multi-stakeholder association of key individuals and groups from government, industry, and academia, which promotes the use, and recycling of biodegradable polymeric materials (via composting). BPI does not create standards but certifies products that demonstrate they meet the requirements in ASTM D6400 or D6868, based on testing in an approved laboratory.

7.4 “Buyer” means anyone authorized to purchase or contract for purchases on behalf of this jurisdiction or its subdivisions.

7.5 “California Green Business Program” is a partnership of governments and businesses that certifies the environmental performance of government agencies and businesses

7.6 “The Carpet and Rug Institute” (CRI) is the national trade association representing the carpet and rug industry. CRI has developed and administered the “Green Label” indoor air quality testing and labeling program for carpet, adhesives, cushion materials and vacuum cleaners. The “Green Label Plus” testing program incorporates additional requirements to meet California’s Collaborative for High Performance Schools low-emitting materials criteria.

7.7 “Compost” is the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4).

7.8 “Contractor” means any person, group of persons, business, consultant, designing architect, association, partnership, corporation, supplier, vendor, or other entity that has a contract with the City of Livermore or serves in a subcontracting capacity with an entity having a contract with City of Livermore for the provision of goods or services.

7.9 “Direct Service Provider” means a person, company, agency, district, or other entity that provides a service or services to the City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).

7.10 “Energy Star” means the U.S. EPA’s energy efficiency product labeling program. 157

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7.11 “Energy-Efficient Product” means a product that is in the upper 25% of energy efficiency for all similar products, or that is at least 10% more efficient than the minimum level that meets federal standards.

7.12 “Federal Energy Management Program” is a program of the Department of Energy that issues a series of Product Energy Efficiency Recommendations that identify recommended efficiency levels for energy-using products.

7.13 “Forest Stewardship Council” is a global organization that certifies responsible, on-the-ground forest management according to rigorous standards developed by a broad variety of stakeholder groups.

7.14 “Green Seal” is an independent, non-profit environmental labeling organization.

Green Seal standards for products and services meet the U.S. EPA’s criteria for third-party certifiers. The Green Seal is a registered certification mark that may appear only on certified products.

7.15 “Integrated Pest Management” is an ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates they are needed according to established guidelines, and treatments are made with the goal of removing only the target organism. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and nontarget organisms, and the environment.

7.16 “LEED Rating System” means the most recent version of the Leadership in Energy and Environmental Design (LEED) Rating System, approved by the U.S.

Green Building Council, and designed for rating new and existing commercial, institutional, and residential buildings.

7.17 “NSF/ANSI” means NSF International follows the American National Standards Institute (ANSI) standards development process. Standards are developed by joint committees (balanced stakeholder groups of public health, industry, and user representatives).

7.18 “Organic Pest Management” prohibits the use and application of toxic chemical pesticides and strives to prevent pest problems through the application of natural, organic horticultural and maintenance practices. All pest control products shall be in keeping with, but not limited to, those products on the approved list of California Certified Organic Farmers (CCOF).

7.19 “Organic Waste” means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, yard trimmings, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46).
158

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7.20 "Post-consumer Material" means a finished material which would normally be disposed of as a solid waste, having reached its intended end-use and completed its life cycle as a consumer item, and does not include manufacturing or converting wastes.

7.21 “Recovered Material” means fragments of products or finished products of a manufacturing process, which has converted a resource into a commodity of real economic value and includes pre-consumer and Post-consumer Material but does not include excess resources of the manufacturing process.

7.22 “Recovered Organic Waste Products” means products made from California, landfill-diverted Recovered Organic Waste Products processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

7.23 “Recycled Content” means the percentage of Recovered Material, including pre- consumer and Post-consumer Materials, in a product.

7.24 “Recycled Product” means a product that meets the City of Livermore’s Recycled Content policy objectives for Post-consumer and Recovered Materials.

7.25 “Remanufactured Product” means any product diverted from the supply of discarded materials by refurbishing and marketing said product without substantial change to its original form.

7.26 “ReScape Landscaping” means working with the natural ecosystems to foster soil health, to reduce runoff and pollution, prevent and reuse plant waste, and conserve water and other natural resources.

7.27 “Reuse” means any product designed to be used many times for the same or other purposes without additional processing except for specific requirements such as cleaning, painting, or minor repairs.

7.28 “SB 1383 Eligible Mulch” means mulch eligible to meet Senate Bill 1383’s annual Recovered Organic Waste Product procurement target, pursuant to 14 CCR Chapter 12 of Division 7. This SB 1383 Eligible Mulch shall meet the conditions specified by 14 CCR Section 18993.1(f)(4).

7.29 “Source Reduction” refers to products that result in a net reduction in the generation of waste compared to their previous or alternate version and includes durable, reusable and Remanufactured Products; products with no, or reduced, toxic constituents; and products marketed with no, or reduced, packaging.

7.30 “U.S. EPA” means the U.S. Environmental Protection Agency an independent executive agency of the United States federal government tasked with managing environmental protection.

7.31 “Water-Saving Products” are those that are in the upper 25% of water conservation for all similar products, or at least 10% more water-conserving than the minimum level that meets the federal standards.
159

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8.0 EFFECTIVE DATES

8.1 This policy shall take effect on April 1, 2022, and may be amended, modified, or suspended by the Public Works Department.
160

CITY COUNCIL STAFF REPORT
ITEM NO. 6.1

DATE:

March 28, 2022
TO:

Honorable Mayor and City Council
FROM:

Marie Weber, Acting Administrative Services Director
SUBJECT:
7:05 P.M. -
Introduction of an Ordinance
amending Title 2, Chapter 2.14,
Elections
, of
the Livermore Municipal Code regarding City Council Districts and amending the boundaries and descriptions of the districts as indicated in Exhibit A

RECOMMENDED ACTION

Staff recommends City Council introduce an Ordinance amending Title 2, Chapter 2.14, Elections
, of the
Livermore Municipal Code updating the City Council District Map and amending the boundaries and descriptions of each District.

SUMMARY
Each city with district-based elections is required to update the district boundaries every ten years following receipt of updated population data from each federal decennial census. The City undertook community outreach efforts, held four public hearings, and a workshop regarding how to use the mapping tools. On March 14, 2022, the City Council selected the final voting district boundary map for implementation in the 2022 General Municipal Election. This final hearing introduces an ordinance approving the final map and amending the boundaries and descriptions of the districts.

DISCUSSION
The City of Livermore has district-based elections for four Council Members and therefore is required to update the district boundaries prior to the November 8, 2022 Election. To complete this process, the City Council held two public hearings on October 11, 2021 and January 24th of this year, explaining the redistricting process and inviting residents to submit maps and communities of interest, prior to maps being drawn. A workshop was held on October 18, 2021 demonstrating how to use the electronic mapping tools and highlighting the paper tools available. A third public hearing was held on February 14th where draft maps were reviewed, and four new focus maps were developed by the demographer based on the City Council’s direction.

On March 14, 2022, the fourth hearing was held to review the focus maps, select a final map, and identify any final modifications the City Council wanted made to the selected map. At the conclusion of 161
the March 14, 2022 meeting, the City Council selected Plan Cardinal as the City's voting district map with the following modifications: 1) include Junction Avenue School in District 1 with the boundary following Portola to Lee Avenue and 2) include St. Michael's School in District 1 with the boundary following Church Street to 5th Street to Maple and then west on East Avenue.

In addition to the four public hearings, the City engaged in public outreach efforts to help inform the public regarding district-based elections and to encourage feedback and input, including:

Establishing a redistricting website
Weekly social media posts in English and Spanish
Calls to engage 60+ community organizations including the school district, local churches, senior living facilities, and non-profit organizations
Letters sent to all advisory body members encouraging their participation English and Spanish flyers published in Peachjar through the Livermore Valley Joint Unified School District reaching 13,000+ email recipients with 426 views.

Map and community of interest paper kits have been made available at the Chamber of Commerce for residents to pick up
Deployment of redistricting kiosks at all Livermore Libraries where residents can submit an electronic map or pick up a paper mapping kit
City booths at the January 9th and 16th Livermore Downtown Sunday Farmer's Market to share information, provide map kits, and answer questions. Staff counted 80+ interactions at each Farmer's Market and found that when asked, approximately 49% of residents were happy with the existing district lines, 50% were uncertain, and 1% were unhappy.

Webpage banner published on Las Positas College homepage directing viewers to the City's dedicated redistricting website
Email sent to City contacts and social media posts directly requesting the submission of Community of Interest maps
Social Media survey which yielded 21 results that showed 47.5% of respondents are happy with the current map, 43% are uncertain, and 9.5% want changes to the current district lines (Attachment 6)

The purpose of this fifth and final hearing is to receive any additional public testimony on the final map; and to introduce an ordinance amending the Livermore Municipal Code to update the City Council District Map and amend the boundaries and descriptions of each District. In consultation with the City Manager and City Attorney, the City Clerk will be authorized to make minor adjustments necessary to implement the district boundaries. If the City Council introduces the proposed ordinance, the second reading will be placed on the agenda for the April 11, 2022 meeting.

FISCAL AND ADMINISTRATIVE IMPACTS

For the 2021-22 redistricting process, funding has already been appropriately budgeted within the City Clerk's Division under the General Fund and includes consulting services from both community outreach and demographic firms. The City elected to retain the services of Tripepi Smith to assist with public outreach and the cost shall not exceed $48,000. The cost of providing demographic services by Wagaman Strategies shall not exceed $49,000. Legal Counsel is being provided by the Livermore City Attorney's Office. Staff estimates that current funds will be sufficient to complete the redistricting process.

162

ATTACHMENTS

1. Proposed Final Map

2. Proposed Final Map Demographics

3. Ordinance

4. Exhibit A - Amended and Restated Chapter 2.14, Election

5. Exhibit B - District Map

Prepared by: Marie Weber
City Clerk

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olsen
Administrative Services Director
163
^ 2020 Census Redistricting Data. Adjusted for
incarcerated populations
+ 2015-2019 American Community Survey Special
Tabulation
* Calculated pursuant to OMB BULLETIN NO. 00-02
#
Population^ Citizen Voting Age Population+
Total Deviation Total Latino * Asian* Black* NH-
White
1 21,778 -1.0% 14,799 20.3% 11.8% 3.6% 62.7%
2 21,910 -0.4% 15,242 15.0% 15.3% 3.4% 65.0%
3 22,461 +2.1% 16,030 10.8% 11.1% 2.9% 74.2%
4 21,857 -0.7% 15,883 12.6% 8.8% 0.9% 76.0%
T otal 88 ,006 3.1% 61,954 14.6% 11.7% 2.6% 69.6%
Ideal 22,002
Proposed Final Plan
Prepared by
ATTACHMENT 1
164
Livermore Redistricting
Proposed Final Plan
# Total Deviation % Dev Latino Asian Black NH Total Latino Asi an Black NH Total Latino Asian Black NH 1 21,778 -224 -1.0% 30.3% 16.8% 2.3% 46.6% 17,167 26.7% 16.6% 2.2% 50.8% 14,799 20.3% 11.8% 3.6% 62.7% 2 21,910 -92 -0.4% 20.2% 21.7% 2.7% 51.0% 16,881 18.3% 20.9% 2.7% 54.1% 15,242 15.0% 15.3% 3.4% 65.0% 3 22,461 459 2.1% 21.1% 13.5% 2.9% 58.6% 17,660 18.6% 13.0% 2.6% 62.1% 16,030 10.8% 11.1% 2.9% 74.2% 4 21,857 -145 -0.7% 14.8% 15.9% 1.3% 64.0% 16,760 13.1% 14.8% 1.3% 67.0% 15,883 12.6% 8.8% 0.9% 76.0% * Population and Voting Age Population from 2020 Census Redistricting data. Adjusted for incarcerated populations. * Citizen Voting Age Population from adjusted 2015-2019 American Community Survey Special Tabulation. * Racial/Ethnic data calculated pursuant to OMB BULLETIN NO. 00-02.

Population Voting Age Population Citizen Voting Age Population ATTACHMENT 2
165

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE AMENDING TITLE 2, CHAPTER 2.14, ELECTIONS, OF THE

LIVERMORE MUNICIPAL CODE REGARDING CITY COUNCIL DISTRICTS AND

AMENDING THE BOUNDARIES AND DESCRIPTIONS OF THE DISTRICTS Every ten years, cities with by-district elections are required to use new census data to review and redraw district lines to reflect population changes.

This redistricting process ensures that all districts within a city have nearly an equal number of people residing within each district.

The City of Livermore transitioned to a district-based election system on November 26, 2018. As a result of the 2020 federal decennial census, the City Council is required to update the district boundaries prior to the November 8, 2022, General Municipal Election.

Although the City recently went through the districting process in 2018, the Council districts that were created reflected the population totals from the 2010 census.

Under the requirements of California Elections Code section 21608, the City created a redistricting website that included agendas, notices, draft maps, a hearing calendar, the procedure for submitting testimony, a recording of each hearing, meeting minutes, and public participation tools.

The City took specific steps to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in the redistricting process.

Pursuant to state law, the City held a total of five public hearings at the fixed time of 7:05 p.m., which included two public hearings regarding the potential voting district boundaries prior to the release and consideration of any draft voting district maps and two public hearings following the release of draft voting district maps. Spanish translation services were provided at all public hearings.

On October 11, 2021 and January 24, 2022, the City Council held public hearings to consider input from the public on the composition of the Council districts.

The City Council considered all oral and written information, testimony, and comments received during the public review process.

On February 4, 2022, the City published and made available for release, all of the draft maps under consideration. The draft maps were made available on the City’s website and the public was invited to provide comments. On February 14, 2022, the City Council considered the draft maps and comments received by the public and provided direction to the demographer to revise such maps. 166
On February 18, 2022, the City published four additional focus maps on the website and invited the public to provide comments.

At a public hearing on March 14, 2022, the City Council voted to proceed with a revised map.

On March 16, 2022, consistent with the provisions of California Elections Code section 21608(d)(1), the City published on the website the final map selected by the City Council. The final map was made available on the City’s website and the public was invited to provide comments seven days prior to the first reading of the ordinance.

Under the provisions of California Elections Code section 21607.1, a recording of each public hearing was made available immediately following each meeting and meeting minutes were posted immediately following City Council approval.

The City desires to amend Title 2, Chapter 2.14, Elections, of the Municipal Code to include revisions to district boundaries.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:

Section 1. Findings and Declarations. The City Council finds and declares that the final map attached as Exhibit B to this resolution meets all of the requirements of state law including, but limited to, that the modified Council Districts:

A, Are substantially equal in population;
B. Comply with the U.S. Constitution, the California Constitution, and the federal Voting Rights Act;
C. Are geographically contiguous;
D. Minimize the division of local neighborhoods and local communities of interest;
E. Create district boundaries that residents can easily identify and understand;
F. Are compact in size; and
G. Are not adopted to favor or discriminate against a political party.

Section 2. Environmental. The City Council finds that the proposed amendments to the Livermore Municipal Code are exempt from the requirements of the California Environmental Quality Act pursuant to Title 14 of the California Code of 167
Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Section 3. Amendment. Title 2, Chapter 2.14, Elections, of the Livermore Municipal Code is amended as set forth in Exhibit A attached hereto. The deletions are shown using a strikethrough and the added language is shown with an underline, but the stricken language and underlines themselves shall not be codified in the Municipal Code, which publication shall only reflect the final language.

Section 4. Minor Adjustments. If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make minor adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Clerk shall consult with the City Manager and the City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.

Section 5. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.

Section 6. Publication. This ordinance shall be published once in a newspaper of general circulation of the City of Livermore within fifteen days after its adoption.

Section 7. Effective date. This Ordinance shall take effect 30 days after its adoption.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on March 28, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

The ordinance was adopted at the regular meeting of the City Council held on , by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Mayor, City of Livermore
168
ATTEST: APPROVED AS TO FORM:
/s/ Tara M. Mazzanti
Marie Weber Tara M. Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Amended and Restated Chapter 2.14, Election Exhibit B – District Map
169
Article Ill. District Elections

2.14.080 District-Based Elections System.

A. Pursuant to California Go vernment C ode Section 34886 and 34871(c), Counc
il members shall be elected on a district-based elections system in four single- member districts. For purposes of this article, the term "di
strict-based elections system" shall mean the election of members of the City Council by the voters of the district alone.

B. Exc ept as provided in subsection C of this section, the Council member elected to represent a district must live in that district and be a register
ed voter in that district, and any candidat e for City Council must liv
e in, and be a registered voter in, t he district in which he or she seeks election at the time nomi nation papers are issued, pursuant to Cali fornia Government Code Section 34882 and E
lections Code Section 10227.

C. A Council member in office at the time thi s article takes effect shall continue in
office until the expiration of the full term to which he or she was elected
or appointed and until his or her successor is qualified. If vacancies in Council member offices elected at-l arge occur before ex piration of the ful
l term thereof, such va cancies shall be filled according to law from the C
ity at-large.

D. Upon expiration of the full te rm of each Council member electe d at-lar
ge, that Council member's succe ssor shall be elected on a by-district b
asis in the districts established in LMC 2.14.090 (A) and (B) and as provided in LM
C 2.14.100.

2.14.090. Districts.

A Subject to LMC 2.14.100, City Council members shall be elected on a by-district basis from the Council districts depicted on the map attached to the ordinance codified in this article, which is as Exhibit AB to that ordinance and incorporated by this reference. To the extent there is a conflict between the map incorporated herein and the descriptions contained in subsection B of this section, the map shall prevail.

B. The Districts are as follows:

EXHIBIT A
170

1. Di strict 1: All that portion of the city of Livermore lying westerly of the following described line: Beginning at the intersection of E Stanley Boulevard and the westerly boundary of the city of Livermore, and proceeding easterly along E Stanley Boulevard to t he A rroyo Macho, and proceeding southeasterly along the Arroyo Macho to Arroyo Road, and proceeding southerly along Arroyo Road to Ro bertson Park Road, and proceeding easterly along Robertson Park Road to the easterly boundary of the city of Livermore, and proceeding northerly al ong the boundary of the city of Livermore to S Livermore Avenue, an d proceeding northwesterly along S Livermore Avenue to N Livermore Avenue, and proceeding northerly along N Livermore Avenue to Portola Aven ue, and proceeding westerly al ong Portola Avenue to the northern bo undary of the city of Livermore. All the portion of the City of Livermore contained within this boundary: Beginning at the intersection of the westerly boundary of the City of Livermore and East Stanley Boulevard; thence proceeding easterly along East Stan ley Boulevard to Arroyo Mocho;: thence proceeding southeasterly along Arroyo Mocho to Holmes Street; thence proceeding northerly along Holmes Street to 4th Street; thence proceeding northeasterly along 4th Street to South Livermore Avenue; thence proceeding southeasterly along South Livermore Avenue to East Avenue; thence proceeding easterly along East Avenue to Maple Street; thence proceeding northwesterly along Maple Street to 5th Street; thence proceeding northeasterly along 5th Street to Church Street; thence proceeding northwesterly along Church Street to 1st Street; thence proceeding southwesterly along 1st Street to Old 1st Street; thence proceeding nor therly along Old 1st Str eet to Junction Avenue; thence proceeding northwesterly along Junction Avenue to Ladd Avenue; thence proceeding northeasterly along Ladd Avenue to Lee Avenue; thence proceeding northerly along Lee Avenue to Portola Avenue; thence proceeding westerly along Portola Avenue to the northerly boundary of the City of Livermore; thence proceeding westerly along the City of Livermore City Limits boundary line courses in a counterclockwise direction to East Stanley Boulevard and the point of beginning of this description.

2. Di strict 2: All the portion of the city of Livermore lying northerly of the following described line: Beginning at the intersection of Portola Avenue and the northerly boundary of the city of Livermore, and proceeding southerly along Portola Avenue to N Livermor e Avenue, and proceeding southerly along N Livermore Avenue to Junction Avenue, and proceedi ng southeasterly along Junction Avenue to rail line, and proc eeding easterly along rail line to First Street, and proc eeding northeasterly along First Street to Interstate 580, and proceeding easter ly along Interstate 580 to the point directly south of the in tersection of Altamont Pass Road and the boundary of the city of Livermor e, and proceeding north to the easterly boundary of the city of Livermore. All the portion of the City of Livermore contained within this boundary: Beginning at the intersec tion of the northerly boundary of the City of Livermore and Portola Avenue; thence proceeding southerly along Portola Avenue to Lee Avenue; thence proceeding southerly along Lee Avenue

EXHIBIT A
171
to Ladd Avenue; thence proceeding southwesterly along Ladd Avenue to Junction Avenue; thence proceeding sout heasterly along Junction Avenue to Old 1st Street; thence proceeding southwesterly along Old First Street to 1st Street; thence proceeding northeasterl y along 1st Street to railroad, and proceeding easterly along railroad to fork of railroad nearest Arroyo Las Positas; thence proceeding easterly along southernmost fork of railroad to the easterly boundary of the City of Livermore; thence proceeding along the City of Livermore City Limits boundary line courses in a counterclockwise direction to Portola Avenue and the point of beginning of this description.

District 3: All the portion of the city of Livermore lying easterly of the following described line: Beginning at the inte rsection of S Livermore Avenue and the easterly boundary of the city of Livermore, and proceedi ng northwesterly along S Livermore Avenue to N Livermore Avenue, and proceeding northerly along N Livermore Avenue to Ju nction Avenue, and proceeding southeasterly along Junction Avenue to rail line, and proceeding easterly along rail line to First Street, and proceeding northeasterly along First Street to Interstate 580, and proc eeding easterly along Inte rstate 580 to the point directly south of the intersection of Altamont Pass Road and the boundary of the city of Livermore, and proceeding north to the easterly boundary of the city of Livermore. All the portion of the City of Li vermore contained within this boundary: Beginning at the intersection of the southerly boundary of the City of Livermore and Robertson Park Road; thence proceeding westerly along Robertson Park Road to Arroyo Road; thence proceeding northerly along Arroyo Road to Arroyo Mocho; thence proceedi ng westerly along Arroyo Mocho to Holmes Street; thence proceeding northerly along Holmes Street to 4th Street; thence proceeding northeasterly along 4th Street to South Livermore Avenue; thence proceeding southeasterly along South Livermore Avenue to East Avenue; thence proceeding easterly along East Avenue to Maple Street; thence proceeding northwesterly along Maple Street to 5th St reet; thence proceeding northeasterly along 5th Street to Church Street; thence proceeding northwesterly along Church Street to 1st Street; thence proceeding northeasterly along 1st Street to railroad; thence proceeding easte rly along railroad to fork of railroad nearest Arroyo Las Positas; thence proceeding easterly along southernmost fork of railroad to the easterly boundary of the City of Livermore; thence proceeding along the City of Livermore City Limits boundary line courses in a clockwise direction to Robertson Park Road and the point of beginning of this description.

4. District 4: All the portion of the city of Livermore lying southerly of the following described line: Beginning at the intersection of E Stanley Boulevard and the westerly boundary of the city of Livermore, and proceeding easterly along E Stanley B oulevard to the Arroyo Mocha, and proceeding southeasterly along the A rroyo Macho to A rroyo Road, and proceeding southerly along Arroyo Road to Robertson Park Road, and proceeding easterly along Robertson Pa rk Road to the easterly boundary

EXHIBIT A
172
of the city of Livermore. All the portion of the City of Livermore contained within this boundary: Beginning at the intersec tion of the southerly boundary of the City of Livermore and Robertson Park Road; thence proceeding westerly along Robertson Park Road to Arroyo Road; thence proceeding northerly along Arroyo Road to Arroyo Mocho; thence proceeding westerly along Arroyo Mocho to East Stanley Boulevard; thence proceeding westerly along East Stanley Boulevard to the westerly boundary of the City of Livermore; thence proceeding along the City of Livermore City Limits boundary line courses in a clockwise direction to Robertson Park Road and the point of beginning of this description.

C. The Council districts specified in subsections A and B of this section shall continue in effect unt il they are amended or repealed in accordance with law.

2.14.100. Election Schedule.

Except as otherwise required by Ca lifornia Government Code Section 36512, Council m embers shall be elected in Council dDistricts 3 and 4 beginning at the general municipal election in Nove mber 2020, and continue every four years thereafter. Coun cil members shall be elected in Council dDistricts 1 and 2 beginning at the general municipal election in November 2022, and continue every four years thereafter. The election schedule for the mayor is no t affected by this section.

EXHIBIT A
173
Proposed Final Plan

EXHIBIT B
174

CITY COUNCIL STAFF REPORT
ITEM NO. 6.2

DATE:

March 28, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Hearing to consider the Housing Element Annual Progress Report, which tracks the City’s progress towards implementing the Housing Element of the General Plan and meeting its Regional Housing Need Allocation (RHNA), pursuant to Government Code Section 65400

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution accepting the 2021 Housing Element Annual Progress Report.

SUMMARY
The City completed its seventh year of implementing the 2015-2022 Housing Element. The Annual Progress Report (APR) describes the City’s progress completing the programs in the Housing Element and meeting its Regional Housing Need Allocation (RHNA). Government Code Section 65400 requires the City to submit the Annual Progress Report to both the State Housing and Community Development Department and the Governor’s Office of Planning and Research by April 1, 2022. Government Code Section 65400 also requires that City Council consider the report and allow public comment. If City Council accepts the report, staff will file it with the State prior to the April 1, 2022, deadline.

DISCUSSION
Background

In March 2010, the California Department of Housing and Community Development (HCD) adopted Housing Element regulations that specify for cities and counties how to complete annual reports on Housing Element progress. Since 2010, the State has passed extensive housing legislation due to concerns about the lack of housing production and housing affordability. Included in that legislation are expanded reporting requirements for Annual Progress Reports (APRs). APRs require local jurisdictions to report the following information:

Annual building permits issued by income level to show progress meeting RHNA targets. 175
Progress implementing Housing Element programs to maintain, improve, and develop housing opportunities for all income levels.

Annual housing development applications submitted.

Annual housing units receiving a planning entitlement.

Annual housing units receiving a certificate of occupancy or other form of readiness (such as a final building permit).

Annual housing units proposed, approved, or constructed pursuant to the streamlining provisions in Senate Bill (SB) 35.

Housing units constructed in conjunction with a commercial development bonus.

List of sites rezoned to accommodate RHNA targets.

List of sites identified as surplus publicly owned land.

Status of projects that received Local Early Action Planning (LEAP) funding.

In addition to being required by State law, compliance with the filing requirement is a criterion of eligibility for several regional and State grants. For example, the One Bay Area Grant (OBAG) competitive grant program administered by the Alameda County Transportation Commission using regional funds requires on-time filing of the APR (by April 1) for eligibility. In the past, the City has received other grants from HCD for first-time homebuyer assistance (Cal Home), affordable housing development (Local Housing Trust), and other park and public amenity projects predicated on timely submittal of the APR. Filing the APR will sustain the City’s eligibility for these grant programs and others in the future.

City Council is required to review and accept the APR before staff files it with the State Housing and Community Development Department and the Governor’s Office of Planning and Research by the April 1st deadline. The 2021 APR is attached and includes tables that show all the required information listed above, consistent with State legislation.

Regional Housing Needs Allocation

The RHNA refers to the fair share of regional housing that the City needs to accommodate during the Housing Element planning period. The City is not required to construct housing to meet the RHNA.

Rather, Housing Element legislation requires cities to demonstrate the availability of land with zoning appropriate to accommodate future additional residential units. In addition to a residential land inventory, the Housing Element also includes programs to develop, preserve, and improve the housing stock.

The City’s RHNA for the current eight-year Housing Element cycle is 2,729 dwelling units, distributed among four income categories (839 very low, 474 low, 496 moderate, and 920 above moderate).

Consistent with the RHNA for most Bay Area cities, Livermore’s overall housing need is greatest in the very low-income (31 percent of RHNA) and above moderate-income (34 percent of RHNA) categories of the RHNA. Livermore’s RHNA also reflects a need for workforce and senior housing in the low- and moderate-income categories, which represent 17 percent and 18 percent of the RHNA, respectively.

Progress Meeting RHNA

Table 1 shows the City's progress meeting RHNA numbers, which is determined through building permits issued by income level. In 2021, the City issued building permits for 129 units. This number is lower than the previous years of this planning cycle, reflecting the impacts of the COVID-19 pandemic and the continued decrease of residentially zoned, easily developable land in Livermore. The City has met its RHNA targets for the above moderate and moderate income categories. Additional housing units built at 176
these income levels do not count towards RHNA progress, but still help increase the supply of housing in Livermore. The City has not met its targets for the low and extremely/very low income categories.

Table 1. RHNA Progress
Income
Category
2015
2016
2017
2018
2019
2020
2021
Total
RHNA 2015-
2022
Remaining
Extremely/Very
Low
0 0
52 34
42 0
44 172
839
667
Low
2 16
24 10
1 3
0 56
474
418
Moderate
14 395
15 26
38 40
60 588
496
0 Above
Moderate
420
15 311
235
260
124
25 1,390
920
0 Total
436
426
402
305
341
167
129
2,206
2,729
1,085

Table 2 shows the permits issued by product type. Approximately half of the permits issued in 2021 were for accessory dwelling units (47 percent). Multi-family units and single-family attached units were 34 and 17 percent of the total, respectively. Single-family detached units made up only two percent of the total.

These numbers continue the trend towards accessory and attached housing types over detached single- family housing. Construction at higher densities than in the past reflects rising land values, as the supply of developable land in the City declines and demand for housing continues to climb throughout the Bay Area.

Table 2. Permits Issued by Housing Type (2021)
Housing Type
Units
Share of total*
Single-family detached (market-rate)
3 2%
Single-family detached (affordable)
0 0%
Single-family attached (market-rate)
22 17%
Single-family attached (affordable)
0 0%
Multi-family for-sale units (market-rate)
0 0%
Multi-family for-sale units (affordable)
0 0%
Multi-family rental units (market-rate)
0 0%
Multi-family rental units (affordable)
44 34%
Accessory dwelling units (moderate income)
60 47%
Mobile home
0 0%
Total
129
100%
*rounded to nearest whole number and may not add to 100%

The City’s inclusionary housing ordinance requires new residential projects to include affordable units by contract (i.e., deed-restricted) with the City as follows:

For-sale units: 15 percent of all for-sale housing units built in the City must be affordable to low and moderate-income households. Of the 15 percent, a minimum of 7.5 percent of the units must be for low-income households.

Rental units: 15 percent of all rental housing units built in the City must be affordable to very-low and low-income households. Of the 15 percent, a minimum of 7.5 percent of the units must be for very-low-income households.
177
10 percent of for-sale housing units built in the Downtown Specific Plan shall be affordable to low- income include households.
20 percent of both for-sale and rental units built in the Isabel Neighborhood Specific Plan shall be affordable.

The affordable housing income limits that define above moderate, moderate, low and very low income are established each year by Council resolution. The adopted 2021 income limits are provided in Attachment 1. Income limits for 2022 will be adopted in summer 2022. Inclusionary units are required to be the same quality as market rate units and evenly distributed throughout each residential project. The City Council can approve alternative means of meeting the inclusionary housing requirements above (e.g., in-lieu fees, donation of land, etc.). The City uses in-lieu fees for the construction of affordable housing, such as the Chestnut Square project.

State Housing Element law allows jurisdictions to use density as a proxy for affordability when demonstrating the availability of residentially zoned land for low income RHNA categories; however, HCD issued guidance starting with the 2017 APR noting that affordability of built units may not rely on density and must be based on actual sales/rental prices. As such, higher density product types no longer qualify as affordable based on density alone. Further, due to high sales and rental costs, all low and very low income units produced in the City require a subsidy. The City does not have sufficient affordable housing funds to subsidize enough units to reach the RHNA goals in these categories.

The starting prices for new townhouse/condo units in Livermore range from mid-$800,000 to mid- $900,000, and the starting prices for new single-family detached houses range from $900,000 to over one million dollars. Despite the high price of the new market-rate housing, which reflects the overall housing market in the Bay Area, townhouse/condo units are typically priced at least $100,000 less than new single family-detached units. Consequently, attached units are more attainable to first-time homebuyers and other households with less ability to afford large down payments. Like the attached townhouse/condo units, accessory dwelling units are more affordable by design. Additionally, rental units offer the only choice for households that cannot afford to buy. These housing types are important for diversifying housing choices in Livermore (Goal 1 of the Housing Element).

The City’s 2015-2022 Housing Element identifies sites in the land inventory that accommodate a total of 4,425 units, which exceeds the RHNA of 2,729. Therefore, no additional rezoning is necessary to accommodate RHNA targets for this Housing Element cycle.

Staff anticipates continuing to issue building permits for approximately 300 to 400 units annually over the next several years due to construction of approved projects, including Eden Housing, Pacific Avenue Senior Housing, Church Street Apartments, Lassen Road Townhomes, Garaventa Hills, Vineyard 2.0, and others. Additionally, staff is reviewing development applications for residential projects under the Isabel Neighborhood Specific Plan, which allows for over 4,000 new residential units at build-out.

Progress Implementing Housing Programs

In addition to planning for and entitling housing at a range of densities and affordability levels, the City is implementing a variety of housing programs to address affordability challenges in Livermore. Table D of the Annual Progress Report lists the goals, policies, and programs in the Housing Element and the status towards implementing and completing these programs. The majority of Housing Element 178
programs outlined in Table D are either completed or ongoing. Below are accomplishments in 2021 that highlight implementation of the City’s 2015-2022 Housing Element.

In May 2021, the City approved entitlements for the Eden Housing project, a 130-unit workforce housing development in Downtown Livermore.

In November 2020, the City approved entitlements for a 140-unit senior project to be developed by SAHA/Interfaith Housing on Pacific Avenue. The project includes services and amenities for seniors to allow them to live independently and age in place.

In 2021, MidPen Housing began construction on the City-financed Avance Apartments, which will provide 44-units of affordable, services-enriched housing for persons with developmental disabilities. The City has provided financial support for acquisition and development of the project through a loan from the City's Affordable Housing Trust Fund of up to $8,003,832.

The City worked with Tri-Valley REACH, a non-profit operator of disabled/special needs housing, to expand a shared home which operates as permanent housing for developmentally disabled adults who are able to live independently, and obtained State funding to rehabilitate and expand supportive shared housing for people with disabilities.

The City provided grant funds to two nonprofit agencies, Senior Support Program of the Tri-Valley and Community Resources for Independent Living (CRIL), that provide services to support seniors and disabled persons to age in place and to facilitate independent living skills.

From January-June 2021, the City contracted with Habitat for Humanity East Bay/Silicon Valley to administer the City's owner-occupied housing rehabilitation program, which assists seniors with home accessibility improvements.

Staff worked with local developers to submit applications and secure funding from the Livermore Housing Authority and released a request for information to solicit project sponsors for future applications to the State of California Homekey program to create housing for people experiencing homelessness. The Livermore Housing Authority also secured 25 HUD Mainstream housing vouchers to assist non-elderly persons with disabilities. The 25 Mainstream vouchers were used to secure housing for homeless individuals exiting the California Roomkey program.

The City provided fifteen (15) second mortgage loans to low and moderate income first-time homebuyers and three (3) down payment assistance loans through its Affordable Homeownership and Mortgage Assistance Programs.

Housing Element Update

The City's current Housing Element was adopted by City Council in 2015 and covers the period from 2015 to the end of 2022. To comply with State law, the City’s Housing Element must be updated to ensure the City’s policies and programs can accommodate estimated housing growth needs identified in the Association of Bay Area Government’s (ABAG) Regional Housing Needs Allocation (RHNA) for the 2023-2031 planning period. In December 2021, ABAG released the final 6th cycle RHNA for the region.

The City of Livermore was assigned a total of 4,570 units, 2,075 of which are lower income units (1,317 179
very low-income units and 758 low-income units). The City is currently updating the Housing Element to accommodate these new units. City Council will review the draft 2023-2031 Housing Element later in the spring of this year.

FISCAL AND ADMINISTRATIVE IMPACTS

There are no direct fiscal impacts resulting from preparation of the 2021 Housing Element Annual Progress Report. City Council acceptance of the report and staff submittal of the report to the State will retain the City’s eligibility for competitive grant funding for transportation projects and other grants that may be available from HCD in 2022.

ATTACHMENTS

1. 2021 Affordable For-Sale Prices and Rental Rates

2. Resolution

3. Exhibit A - 2021 Housing Element Annual Progress Report

Prepared by: Tricia Pontau
Associate Planner

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olsen
Administrative Services Director
180
No. Bed-
rooms
Size
House-
hold
Maximum
Income
Maximum
Purchase
Price
Maximum
Income
Maximum
Purchase
Price
Maximum
Income
Maximum
Purchase
Price
Maximum
Income
Maximum
Purchase
Price
Studio 1 $47,950 $131,798 $76,750 $264,441 $87,900 $315,794 $105,500 $396,853 1 2 $54,800 $163,347 $87,700 $314,873 $100,500 $373,825 $120,550 $466,168 2 3 $61,650 $194,896 $98,650 $365,305 $113,050 $431,626 $135,650 $535,714 3 4 $68,500 $226,444 $109,600 $415,736 $125,600 $489,427 $150,700 $605,029 4 5 $74,000 $251,775 $118,400 $456,266 $135,650 $535,714 $162,750 $660,527 No. Bed-
rooms
Size
House-
hold
Maximum
Income
Maximum
Rent
Maximum
Income
Maximum
Rent
Maximum
Income
Maximum
Rent
Maximum
Income
Maximum
Rent
Maximum
Income
Maximum
Rent
Maximum
Income
Maximum
Rent
Studio 1 $28,800 $720 $47,950 $1,199 $57,540 $1,439 $76,750 $1,919 $87,900 $2,198 $105,500 $2,638 1(*) 1.5 $30,850 $771 $51,375 $1,284 $61,650 $1,541 $82,225 $2,056 $94,200 $2,355 $113,025 $2,826 1 2 $32,900 $823 $54,800 $1,370 $65,760 $1,644 $87,700 $2,193 $100,500 $2,513 $120,550 $3,014 2 3 $37,000 $925 $61,650 $1,541 $73,980 $1,850 $98,650 $2,466 $113,050 $2,826 $135,650 $3,391 3 4 $41,100 $1,028 $68,500 $1,713 $82,200 $2,055 $109,600 $2,740 $125,600 $3,140 $150,700 $3,768 4 5 $44,400 $1,110 $74,000 $1,850 $88,800 $2,220 $118,400 $2,960 $135,650 $3,391 $162,750 $4,069 Adopted by Livermore City Council: October 25, 2021
Low-Income (80%) Median-Income (100%)
Rental Housing
NOTES: These limits are based on income data from the California Department of Housing and Community Development (HCD) for 2021. The 2021 Area Median Income for a 4-person household of $125,600 published by State HCD is derived from the U.S. Department of Housing and Urban Development for Alameda County (Oakland-Fremont Metro Region) for the Section 8 Program. The Affordable Sales Prices are effective for the 2022 Affordable Homeownership Program year and thereafter until updated by City Council. Rental Rates are effective upon the adoption by City Council (below). (*) Low Income Housing Tax Credit (LIHTC) Household size Sales Prices: assume a 3.75% interest rate, 30-year mortgage, and housing payments (PITI) which do not exceed 30% of the household's monthly income.

The Rental Housing limits effective October 25, 2021 and thereafter until updated by City Council. Rental affordability based on 30% of the household's monthly income and do not include tenant utility allowances. Utility allowances should be deducted from the maximum rents based on the Livermore Housing Authority's utility allowance schedule for the Section 8 Program.

City of Livermore
Affordable For-Sale Prices and Rental Rates - 2021
Moderate-Income (120%)Ext. Low-Income (30%) Very-Low Income (50%) Lower-Income (60%) For-Sale Housing
Very-Low Income (50%) Low-Income (80%) Median-Income (100%) Moderate-Income (120%)

Page 1 ends

ATTACHMENT 1 181
RESOLUTION NO. _______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION ACCEPTING THE 2021 HOUSING ELEMENT

ANNUAL PROGRESS REPORT
The California Department of Housing and Community Development’s (“HCD”) Housing Element regulations require cities and counties to complete annual reports on housing element progress.

HCD Annual Progress Reports must include information such as (1) annual building permits issued by income level to show progress meeting Regional Housing Need Allocation (“RHNA”) targets; (2) progress implementing Housing Element programs to maintain, improve, and develop housing opportunities for all income levels, (3) annual housing development applications submitted; (4) annual housing units receiving a planning entitlement; (5) annual housing units receiving a certificate of occupancy or other form of readiness; (6) annual housing units proposed, approved, or constructed pursuant to SB 35; (7) housing units constructed in conjunction with a commercial development bonus; (8) list of sites rezoned to accommodate RHNA targets; (9) list of sites identified as surplus publicly owned land; and (10) status of projects that received Local Early Action Planning (LEAP) funding.

In addition to being required by State law, the City must file Annual Progress Reports to maintain eligibility for regional and State grants. Furthermore, on-time filing of these reports ensures eligibility for competitive grant programs, such as the One Bay Area Grant competitive grant program administered by the Alameda County Transportation Commission. In the past, the City has received other grants from HCD for first-time homebuyer assistance such as Cal Home and the Local Housing Trust, as well as other park and public amenity projects predicated on timely submittal of the Annual Progress Report.

At its meeting on March 28, 2022, the 2021 Housing Element Annual Progress Report was presented to the City Council.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livermore receives and accepts the 2021 Housing Element Annual Progress Report, attached hereto as Exhibit A.

On motion of Council Member , seconded by
Council Member , the foregoing resolution was passed
and adopted on March 28, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
182
RESOLUTION NO. _________
ATTEST: APPROVED AS TO FORM:
/s/ Kelly J. Trujillo
Marie Weber Kelly J. Trujillo
City Clerk Assistant City Attorney
Exhibit A - 2021 Housing Element Annual Progress Report 183
Jurisdiction Livermore ANNUAL ELEMENT PROGRESS REPORT Note: "+" in Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Date
Application
Submitted
2 34
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Summary Row: Start Data Entry Below 14 0 14 0
098A061000102 3541 East Ave Abboud Townhomes SPDR21-001 SFA O 3/17/2021 099 031201100 Catalina Ct Catalina Ct Apartment s SPDR21-002 5+ R 5/3/2021 905 001000600 Triad Dr Triad Condos SPDR21-003 5+ O 6/10/2021 903 001003000 Portola Ave Shea Portola Ave -
Apartments SPDR21-005 5+ R
8/5/2021
14 14
903 001003000 Portola Ave Shea Portola Ave -
Condos SPDR21-005 5+ O
8/5/2021
903 001400700 Tranquility Cr Shea Tranquility Circle SPDR21-006 5+ O 8/10/2021
099 047500402 750 Vineyard
Ave Vineyard Main House SPDR21-009 SFD O
10/29/2021
098A041210608 2930 Pacific Ave Pacific and Livermore
Center Site SPDR21-010
5+ O
11/18/2021
099A143503802 5107 Norma Wy Vineyard Apartments M SPDRM21-018 5+ R 6/2/2021 097 010200704 2750 Eighth St O'Keefe Residence ZC21-026 SFD O 12/3/2021 Table A
Housing Development App
Cells in grey co
51 Project Identifier Unit Types Proposed Units - Affordab (CCR Title 25 §6202)

EXHIBIT A
184
dicates an optional field
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Notes
6 7 8 9 11 12
Moderate-
Income Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Was a Density
Bonus requested
for this housing
development?
Was a Density
Bonus approved
for this housing
development?
Please indicate
the status of the
application.

Notes+
79 0 552 649 1 0
13 13 No No N/A Pending 098A061000200
6 6 No No N/A Pending
22 90 112 No Yes N/A Pending
14 168 210 No Yes N/A Pending
18 71 89 No Yes N/A Pending
25 99 124 No Yes N/A Pending
1 1 No No N/A Pending
92 92 No No N/A Pending
11 1N o No N/A Pending
1 1 1 No No N/A Approved
A
plications Submitted
ontain auto-calculation formulas
bility by Household Incomes Density Bonus Applications
10 EXHIBIT A
185
Jurisdiction Livermore ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 23 56
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Entitlement
Date Approved # of Units issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Summary Row: Start Data Entry Below 130 0 140 0 0 0 121 391 44 0 0 0 0 097 013600206 218 CHURCH ST Church Street
Apartments DDR20-014 5+ R 36 9/17/2021 36
099 134302200 247 E VALLECITOS
RD
Sindell Residence and
Boutique Winery SPDR20-004 SFD O 1 4/6/2021
1 098 028902200 2139 RAILROAD
AV Eden Housing DDR20-019 5+ R 130 5/25/2021
130
099 095000802 PACIFIC AV Pacific Avenue Senior
Housing SPDR20-005 5+ R 140 11/16/2021
140
097 014301905 1258 CONCANNON
BL
Senior Assisted Living
at the Well SPDR20-006 5+ R 84 10/5/2021 84
099 007604300 2394
FARNSWORTH DR ADU200018 ADU R
0 097 003400600 482 I ST ADU200026 ADU R 0
099A290903700 91 CASSADY CT ADU200029 ADU R 0
098 034904800 1223 PINE ST ADU200033 ADU R 0
099 068000900 3209 SARATOGA
CT ADU200040 ADU R 0
099 046104900 3046 VERDALA DR ADU200041 ADU R 0
099 131100200 2471 SHEFFIELD
DR ADU200042 ADU R 0
097 011900400 674 MCLEOD ST ADU210001 ADU R 0
099B810105800 2555 SPYGLASS
HILLS RD ADU210002 ADU R 0
098 020701300 841 K ST ADU210003 ADU R 0
099A292201800 1205 MELANIE WY ADU210004 ADU R 0
098 027001100 175 LEE AV ADU210005 ADU R 0
099 005100700 3368 GARDELLA
PZ ADU210006 ADU R 0
099A293101800 2771 SILVERADO
CT ADU210007 ADU R 0
099 031903200 285 ANNA MARIA
ST ADU210008 ADU R 0
098 039907700 634 PLACER CT ADU210009 ADU R 0
099 028301200 1699 SARDONYX
RD ADU210010 ADU R 0
099B811312000 1262 CENTRAL AV ADU210011 ADU R 0
098 024500602 1844 CHESTNUT
ST ADU210012 ADU R 0
097 015001000 1538 LOMITAS AV ADU210013 ADU R 0
097 011401300 2463 THIRD ST ADU210014 ADU R 0
099 031607300 849 MAYVIEW WY ADU210015 ADU R 0
099 131007000 1972 C

ARNATION
CI ADU210016 ADU R 0
099 030604100 997 DE CAEN CT ADU210017 ADU R 0
099 134302200 247 VALLECITOS
RD ADU210019 ADU R 0
099B812003200 6941 HILLSTONE
CT ADU210020 ADU R 0
099A291302500 945 DANA CI ADU210021 ADU R 0
Note: "+" indicates an optional field
Project Identifier
(CCR Title 25 §6202)
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building 4 7

EXHIBIT A
186
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
89 11 12 13 14 15 16 17 18
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using GC
65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs for
Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units were
affordable
(see instructions)
60 2 5 129 0 0400 3 7 8 5 126 00
0 0N
1 9/29/2021 1 0N
0 0 N LHTF Other
0 0 N LHTF Other
0 0N
1 1/5/2021 1 0N ADUs are rented at moderate prices
1 1/21/2021 1 1 6/9/2021 1 N ADUs are rented at moderate prices 1 5/18/2021 1 0N ADUs are rented at moderate prices
1 3/30/2021 1 0N ADUs are rented at moderate prices
1 6/25/2021 1 0N ADUs are rented at moderate prices
1 2/8/2021 1 1 11/17/2021 1 N ADUs are rented at moderate prices 1 2/4/2021 1 0N ADUs are rented at moderate prices
1 1/8/2021 1 1 1/21/2021 1 N ADUs are rented at moderate prices 1 1/29/2021 1 1 9/23/2021 1 N ADUs are rented at moderate prices 1 3/30/2021 1 0N ADUs are rented at moderate prices
1 2/17/2021 1 1 10/8/2021 1 N ADUs are rented at moderate prices 1 3/2/2021 1 1 7/13/2021 1 N ADUs are rented at moderate prices 1 3/30/2021 1 0N ADUs are rented at moderate prices
1 3/17/2021 1 1 6/4/2021 1 N ADUs are rented at moderate prices 1 3/23/2021 1 1 9/16/2021 1 N ADUs are rented at moderate prices 1 4/26/2021 1 0N ADUs are rented at moderate prices
1 6/4/2021 1 0N ADUs are rented at moderate prices
1 4/1/2021 1 1 8/18/2021 1 N ADUs are rented at moderate prices 1 5/17/2021 1 1 8/17/2021 1 N ADUs are rented at moderate prices 1 4/28/2021 1 0N ADUs are rented at moderate prices
1 6/9/2021 1 0N ADUs are rented at moderate prices
1 7/26/2021 1 0N ADUs are rented at moderate prices
1 7/28/2021 1 0N ADUs are rented at moderate prices
1 8/17/2021 1 0N ADUs are rented at moderate prices
1 9/30/2021 1 0N ADUs are rented at moderate prices
1 10/5/2021 1 0N ADUs are rented at moderate prices
1 6/21/2021 1 0N ADUs are rented at moderate prices
Housing with Financial Assistance
and/or Deed RestrictionsPermits Affordability by Household Incomes - Certificates of Occupancy 10 EXHIBIT A
187
Term of Affordability
or Deed Restriction Notes
19 20 21 22 23 24 25
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Destr
oyed Units
Demolished or
Destroyed Units
Demolished/Des
troyed Units
Owner or Renter
Total Density Bonus Applied to
the Project (Percentage Increase
in Total Allowable Units or Total
Maximum Allowable Residential
Gross Floor Area)
Number of Other
Incentives, Concessions,
Waivers, or Other
Modifications Given to
the Project (Excluding
Parking Waivers or
Parking Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
00 0.0% 2 Development
Standards Modification Yes
Funded through City's
affordable housing fund
and affordable housing
grants
Funded through City's
affordable housing funds
Demolished/Destroyed Units Density Bonus

EXHIBIT A
188
Jurisdiction Livermore ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Note: "+" indicates an optional field
(CCR Title 25 §6202)
099 075100400 2020 PLEASANT
VIEW LN ADU210023 ADU R 0
099 045304300 2356 HAMPTON
RD ADU210024 ADU R 0
098 034908300 1083 LOCUST ST ADU210025 ADU R 0
099 072514700 2453 BESS AV ADU210026 ADU R 0
098 023100102 1861 LINDEN ST ADU210028 ADU R 0
099 019102900 189 RAINIER AV ADU210029 ADU R 0
098 039201800 606 SALEM CT ADU210030 ADU R 0
097 005400702 2342 SEVENTH ST ADU210031 ADU R 0
099 133613200 573 SHERIDAN CI ADU210033 ADU R 0
097 009602600 1002
PEPPERTREE PL ADU210034 ADU R
0 097 004700600 567 L ST ADU210035 ADU R 0
097 005801400 2030 COLLEGE AV ADU210036 ADU R 0
098 023701000 494 M ST ADU210037 ADU R 0
097 008104503 292 R ST ADU210038 ADU R 0
097 014806600 1860 STERLING PL ADU210039 ADU R 0
099 110203100 4240 GUILFORD
AV ADU210041 ADU R 0
097 014607000 1261 BORDEAUX
ST ADU210042 ADU R 0
098A042801301 3844 STANFORD
WY ADU210043 ADU R 0
098 026900900 277 CLARKE AV ADU210045 ADU R 0
097 014205900 1162 INNSBRUCK
ST ADU210047 ADU R 0
098 035004700 343 BERNAL AV ADU210049 ADU R 0
099 002901500 1321 BLUEBELL
DR ADU210050 ADU R 0
099 028205300 1608 KLONDIKE
RD ADU210051 ADU R 0
099A143504000 1475 LILLIAN ST ADU210052 ADU R 0
097 009702200 2233 CHATEAU
WY ADU210053 ADU R 0
097 007500200 1731 SIXTH ST ADU210055 ADU R 0
098 038908500 1018 BANNOCK ST ADU210056 ADU R 0
099 045603400 2781 TAHOE DR ADU210060 ADU R 0
097 007100800 961 ACACIA WY D190766 ADU R 0
097 013910200 1451 NAPLES WY D200800 ADU R 0
097 011500702 476 MCLEOD ST D200841 ADU R 0
098 023200214 522 O ST D210014 ADU R 0
097 002600502 1626 FOURTH ST D191587 ADU R 0
097 002600502 1626 FOURTH ST D191587 SFD R 0
097 014807500 1745 STERLING CT D190972 SFD O 0
902 001402700 4210 FIRST ST Avance D191802 5+ R
0 8
902 001402700 4220 FIRST ST Avance D191803 5+ R
0 7
902 001402700 4230 FIRST ST Avance D191804 5+ R
0 5
902 001402700 4250 FIRST ST Avance D191805 5+ R
0 8
902 001402700 4270 FIRST ST Avance D191806 5+ R
0 8
902 001402700 4280 FIRST ST Avance D191807 5+ R
0 8
098 024900400 1742 PEDROZZI
CM D210058 SFA O 0
098 024900400 1719 PEDROZZI
CM D210076 SFA O 0
098 024900400 231 N ST D210086 SFA O 0

EXHIBIT A
189
1 6/15/2021 1 0N ADUs are rented at moderate prices
1 12/13/2021 1 0N ADUs are rented at moderate prices
1 6/14/2021 1 0N ADUs are rented at moderate prices
1 7/21/2021 1 0N ADUs are rented at moderate prices
1 7/30/2021 1 1 11/18/2021 1 N ADUs are rented at moderate prices 1 9/20/2021 1 0N ADUs are rented at moderate prices
1 7/22/2021 1 0N ADUs are rented at moderate prices
1 9/15/2021 1 1 10/4/2021 1 N ADUs are rented at moderate prices 1 9/9/2021 1 0N ADUs are rented at moderate prices
1 8/5/2021 1 1 8/5/2021 1 N ADUs are rented at moderate prices 1 8/5/2021 1 1 11/22/2021 1 N ADUs are rented at moderate prices 1 10/19/2021 1 0N ADUs are rented at moderate prices
1 9/27/2021 1 0N ADUs are rented at moderate prices
1 10/14/2021 1 0N ADUs are rented at moderate prices
1 9/29/2021 1 0N ADUs are rented at moderate prices
1 10/7/2021 1 0N ADUs are rented at moderate prices
1 10/28/2021 1 0N ADUs are rented at moderate prices
1 10/11/2021 1 0N ADUs are rented at moderate prices
1 10/20/2021 1 0N ADUs are rented at moderate prices
1 10/25/2021 1 0N ADUs are rented at moderate prices
1 11/5/2021 1 0N ADUs are rented at moderate prices
1 12/17/2021 1 0N ADUs are rented at moderate prices
1 12/8/2021 1 0N ADUs are rented at moderate prices
1 11/3/2021 1 0N ADUs are rented at moderate prices
1 11/3/2021 1 0N ADUs are rented at moderate prices
1 11/29/2021 1 0N ADUs are rented at moderate prices
1 11/8/2021 1 1 11/17/2021 1 N ADUs are rented at moderate prices 1 12/27/2021 1 0N ADUs are rented at moderate prices
1 6/1/2021 1 0N ADUs are rented at moderate prices
1 11/16/2021 1 0N ADUs are rented at moderate prices
1 1/19/2021 1 1 11/16/2021 1 N ADUs are rented at moderate prices 1 1/26/2021 1 0N ADUs are rented at moderate prices
1 9/9/2021 1 0N ADUs are rented at moderate prices
1 9/9/2021 1 0N
1 2/18/2021 1 0N
2/
25/2021 8 0 N LHTF Other
2/25/2021 7 0 N LHTF Other
2/25/2021 5 0 N LHTF Other
2/25/2021 8 0 N LHTF Other
2/25/2021 8 0 N LHTF Other
2/25/2021 8 0 N LHTF Other
6 2/9/2021 6 0N
6 2/10/2021 6 6 11/29/2021 6 N
6 3/23/2021 6 0N

EXHIBIT A
190
Funded through City's
affordable housing fund
Funded through City's
affordable housing fund
Funded through City's
affordable housing fund
Funded through City's
affordable housing fund
Funded through City's
affordable housing fund
Funded through City's
affordable housing fund

EXHIBIT A
191
Jurisdiction Livermore ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Note: "+" indicates an optional field
(CCR Title 25 §6202)
098 024900400 1681 CHESTNUT
CM D210087 SFA O 0
098 024900400 1685 CHESTNUT
CM D210088 SFA O 0
099 005100301 3366 GARDELLA
PZ ADU200001 ADU R 0
097 006300300 2580 EIGHTH ST ADU200002 ADU R 0
098 026401100 3075 CALLAGHAN
ST ADU200004 ADU R 0
098 022200300 643 L ST ADU200007 ADU R 0
099 133000300
1965

RHODODENDRON
CT
ADU200017 ADU R
0 099A150606100 5824 WELCH LN ADU200021 ADU R 0
099 075102000 1604 ARROYO RD ADU200023 ADU R 0
099 130508300 2187 ROAN CT ADU200025 ADU R 0
099 030900100 1045 MADRONE
WY ADU200030 ADU R 0
098 040200900 592 COLUSA WY ADU200031 ADU R 0
099A290104600 5486 BIANCA WY ADU200034 ADU R 0
098 039507800 1504 MENDOCINO
RD ADU200035 ADU R 0
097 007100400 2587 PALM AV ADU200043 ADU R 0
099 005600901 202 PLUM TREE
ST D181106 5+ O 0
099 005101202 3596 FIRST ST D190031 ADU R 0
099B520911000 2019 DEL MONTE
ST D190179 ADU R 0
099 045802400 2571 WALKER PL D190696 ADU R 0
099 032003400 327 JILLANA AV D190761 ADU R 0
099 005600901 232 PLUM TREE
ST D190784 5+ O 0
097 014908400 1909 COLLEGE AV D191753 ADU R 0
097 007400500 643 M ST D191772 ADU R 0
099 133701900 4530 COUNTRY LN D191877 ADU R 0
097 010700200 447 MCLEOD ST D191884 ADU R 0
903 001502200 609
SANDALWOOD DR D191914 SFA O
0 903 001400900 649
SANDALWOOD DR D191915 SFA O
0 903 001502300 617
SANDALWOOD DR D191918 SFA O
0 903 001502400 625
SANDALWOOD DR D191919 SFA O
0 903 001400900 633
SANDALWOOD DR D191920 SFA O
0 903 001400900 641
SANDALWOOD DR D191922 SFA O
0 099 139000700 242 PLUM TREE
ST D200074 5+ O 0
099 139000500 149 APRICOT ST D200113 2 to 4 O 0
099 139000600 116 APRICOT ST D200115 5+ O 0
099 139000600 215 PLUM TREE
ST D200117 5+ O 0
099 139000700 252 PLUM TREE
ST D200118 5+ O 0
098 026401100 3075 CALLAGHAN
ST D200190 SFD O 0
098 024900400 1714 PEDROZZI
CM D200248 SFA O 0
098 024900400 1727 C HESTNUT
ST D200494 SFA O 0
098 024900400 1754 PEDROZZI
CM D200501 SFA O 0
098 024900400 245 N ST D200502 SFA O 0
098 024900400 1702 PEDROZZI
CM D200769 SFA O 0

EXHIBIT A
192
2 3/23/2021 2 0N
2 3/23/2021 2 0N
0 1 8/10/2021 1 N ADUs are rented at moderate prices
0 1 3/2/2021 1 N ADUs are rented at moderate prices
0 1 7/7/2021 1 N ADUs are rented at moderate prices
0 1 3/1/2021 1 N ADUs are rented at moderate prices
0 1 10/18/2021 1 N ADUs are rented at moderate prices
0 1 10/5/2021 1 N ADUs are rented at moderate prices
0 1 3/2/2021 1 N ADUs are rented at moderate prices
0 1 7/19/2021 1 N ADUs are rented at moderate prices
0 1 9/30/2021 1 N ADUs are rented at moderate prices
0 1 5/4/2021 1 N ADUs are rented at moderate prices
0 1 2/17/2021 1 N ADUs are rented at moderate prices
0 1 8/31/2021 1 N ADUs are rented at moderate prices
0 1 1/7/2021 1 N ADUs are rented at moderate prices
0 1 4 10/15/2021 5 N INC
0 1 10/15/2021 1 N ADUs are rented at moderate prices
0 1 3/30/2021 1 N ADUs are rented at moderate prices
0 1 10/28/2021 1 N ADUs are rented at moderate prices
0 1 5/26/2021 1 N ADUs are rented at moderate prices
0 5 3/22/2021 5 N
0 1 2/17/2021 1 N ADUs are rented at moderate prices
0 1 1/4/2021 1 N ADUs are rented at moderate prices
0 1 2/19/2021 1 N ADUs are rented at moderate prices
0 1 6/29/2021 1 N ADUs are rented at moderate prices
0 4 8/17/2021 4 N
0 4 2/17/2021 4 N
0 4 7/22/2021 4 N
0 4 6/28/2021 4 N
0 4 5/18/2021 4 N
0 4 3/26/2021 4 N
0 1 4 5/7/2021 5 N INC
0 4 10/20/2021 4 N
0 1 5 9/22/2021 6 N INC
0 1 5 8/19/2021 6 N INC
0 5 6/18/2021 5 N
0 1 7/7/2021 1 N
0 4 12/16/2021 4 N
0 4 4/16/2021 4 N
0 4 4/28/2021 4 N
0 4 6/17/2021 4 N
0 6 9/28/2021 6 N

EXHIBIT A
193
Jurisdiction Livermore ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023 (CCR Title 25 §6202) 1 34
RHNA Allocation
by Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - 52 34 42 - 44 - - Non-Deed Restricted - - - - - - - - - Deed Restricted 2 4 24 10 1 3 - - - Non-Deed Restricted - 12 - - - - - - - Deed Restricted - - - 8 2 - - - - Non-Deed Restricted 14 395 15 18 3 6 40 60 - - Above Moderate 920 420 15 311 23 5 260 124 25 - - 1,390 - 2,729
436 426 402 305 341 167 129 - - 2,206 1,085 Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be repo rted as very low-income units. 418
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only included units that were permitted during the portion of the year that was in the 6th cycle.

Total RHNA
Total Units
Income Level
Very Low
Low
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. -
172
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
588 Moderate
839
474
496
Please contact HCD if your data is different than the material supplied here 56 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
667

EXHIBIT A
194
Jurisdiction Livermore ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Date of Rezone Rezone Type
2 4567 9 1 0 1 1
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-
Income Low-Income Moderate-Income Above Moderate-
Income
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing
Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
(CCR Title 25 §6202)

EXHIBIT A
195
Jurisdiction Livermore
Reporting Year 2021 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1.1.1: Land
Inventory
Develop a land inventory that provides
sufficient sites to meet the Regional
Housing Needs Allocation (RHNA) of 2,729
units (839 very‐low, 474 low, 496
moderate‐income, and 920 above
moderate).

Completed for the 2015‐
2022 Cycle
Complete. In March 2015, the City adopted an updated Housing Element fo r the 2015‐ 2023 cycle that included a Land Inventory with sufficient sites to meet the RHNA. HCD certified the Housing Element on April 20, 2015. The City is currently updating its Housing Element for the 2023‐2031 cycle.

Program 1.1.1: Land
Inventory
In the event that a site included in the
City’s land inventory is developed
commercially or with other non‐residential
uses, identify an additional site with the
same or more capacity as the previous
site. Ongoing
Ongoing. No sites listed in the Land Inventory were redesignated to a non‐residential use in 2021.

Program 1.1.1: Land
Inventory
Should a proposed density reduction
decrease the number of units below the
City’s RHNA for the Housing Element
period, identify additional sites/units to
ensure the RHNA can still be met. Ongoing
Ongoing. The City did not process any projects in 2021 that would decrease the number of units below the City’s RHNA.

Program 1.1.1: Land
Inventory
Maintain a file in the Planning Division of
vacant residential acreage to assist
developers in identifying land suitable for
single‐family and multi‐family residential
development. Ongoing Ongoing. The Land Inventory is available to prospective home builders.

Program 1.1.1: Land
Inventory
Maintain maps indicating current zoning
as well as public facilities and services to
these sites. Ongoing
Ongoing. The zoning map is available on the City's website. The City’s GIS system provides updated general plan and zoning information, and map layers of the location of public facilities and services available to residential sites. Th e City made some of the GIS layers publically accessible in 2017.

Program 1.1.1: Land
Inventory
Monitor on an annual basis the
development of underutilized or vacant
residential sites identified to meet the
RHNA. Annually Completed as part of the Annual Progress Report.

Program 1.1.1: Land
Inventory
Following future amendments to the
General Plan’s Safety Element, ensure
consistency with the Housing Element,
including the land inventory. As needed
The Safety Element was updated in 2018 to include a new goal, objectives and policies relating to and supporting the Tri‐Valley Hazard Mitigation Plan. The goal, objectives and policies address natural hazard m itigation and protecting people, property and the environmental from natural hazards. In 2021, the City kicked off a comprehensive General Plan update that will include updates to the Safety and Housing Elements.

Program 1.2.1:

Implementation of the
General Plan, Downtown
Specific Plan, and
Development Code
Continue to update and amend th e
General Plan as needed and appropriate to
provide a range of housing types,
densities, and affordability levels.

As projects are proposed;
reviewed annually
Ongoing. In 2021, the City kicked off a comprehensive General Plan Update that will update policies and programs to streamline and facilitate housing development for a variety of housing ty pes, densities, and income levels. The General Plan update will also study land use alternatives that could identify areas of the city that are appropriate to redesignate for housing.

Program 1.2.1:

Implementation of the
General Plan, Downtown
Specific Plan, and
Development Code
Continue to update and amend the
Downtown Specific Pl an as needed and
appropriate to facilitate downtown
revitalization, the provision of affordable
housing, and mixed‐use development.

As projects are proposed;
reviewed annually
Ongoing. In 2018 the City continued its downtown redevelopment efforts by approving a conceptual plan with a variety of amenities, including 130 units of affordable workforce housing. Do wntown Specific Plan amendments to facilitate the redevelopment plan were adopted City Council in 2020. The City Council approved the entitlements for the affordable workforce housing in 2021.

Program 1.2.1:

Implementation of the
General Plan, Downtown
Specific Plan, and
Development Code
Analyze potential Development Code
updates that would expand opportunities
for attac hed housing (e.g., small
apartment complexes) and smaller unit
types (e.g., studios and cottages). Ongoing
An update to the Density Bonus section of the Code was approved in 2019.

Additionally, staff is implementing the new State Accessory Dwelling Unit standards. In 2021, the City began a comprehensive General Plan update, which will co nsider additional policies for expand opportunities for these housing types.

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 (CCR Title 25 §6202)

EXHIBIT A
196
Program 1.2.1:

Implementation of the
General Plan, Downtown
Specific Plan, and
Development Code
Evaluate specific barriers to residential
development of small properties Ongoing
In 2021, the City began a comprehensive General Plan update, which will explore options to remove barriers to the developiment of small properties.

Program 1.2.2: Isabel BART
Station Specific Plan
Develop a Spe cific Plan for the area
surrounding the future Isabel BART
Station, and revise the General Plan and
Zoning designations accordingly to allow
for residential transit‐oriented
development. By 2017
Complete. City Council adopted the Isabel Neighborhood Specific Plan in 2020. Staff began reviewing entitlements for INSP projects in 2021.

Program 1.2.3: Mobile an d
Manufactured Homes
Continue to allow mobile and
manufactured homes that meet State and
City codes, as well as the City’s design
review requirements, in all residential
districts. Ongoing
Ongoing. The City issued permits for several manufactured Accessory Dwelling Units in 2021.

Program 1.2.4: Secondary
Dwelling Units
Continue to encourage the development
of secondary dwelling units by exempting
them from certain development impact
fees. Ongoing
Ongoing. The City waives certain development fees for ADUs consistent with State ADU law. The City issued permits for 60 ADUs in 2021.

Program 1.2.5: Reduce
Governmental Constraints
The City of Livermore facilitates and
encourages the dev elopment of a variety
of housing in the community. The City will
monitor its development fees to ensure
they are reasonable and do not unduly
constrain development, while protecting
the quality, health, and public safety of the
community.

Ongoing; as changes are
made to development fees.

Make changes as needed.

Ongoing. As part of th e Housing Element update completed in 2015, the City determined that its development impact fees are comparable to nearby jurisdictions with similar markets and are not constraining housing production. The City continues to use various practices to offset potential negative effects of development impact fees on housing development and co st. The City updated its development fees in 2021 to reflect cost of living changes, in accordance with local ordinance.

Program 1.3.1: Licensed
Community Residential
Care Facilities
Consistent with State law, continue to
allow licensed community residential care
facilities serving 6 or fewer persons in all
residential districts as a me ans of
providing housing for these special needs
groups. Ongoing
Ongoing. The Livermore Development Code continues to allow licensed community residential care facilities in the residential zoning districts.

Program 1.3.2: Universal
Design
Continue to include universal design
features as project specific criteria to
achieve a higher project‐specific rating
during competitive years of th e Housing
Implementation Program (HIP).
2014‐2016 and 2017‐2019
HIP Cycles
The City has discontinued the HIP program. Accomodation of housing units will instead be based on the City's capacity to provide infrastructure and services for new housing.

The City will continue to allow and encourage universal design in housing proj ects.

Program 1.3.2: Universal
Design
Update the City’s residential design
guidelines and standards to encourage
“visitability” and universal design features
in new homes. By 2020
Incomplete. The City intends to update the residential design guidelines and standards following the comprehensive General Plan update.

Program 1.3.2: Universal
Design
Expand consumer awareness by providing
information on univ ersal design features
at the City’s Permit Center and develop
resource information for the City’s Permit
Center website. By 2018
Ongoing. The City has not yet developed Livermore‐specific resources on universal design features, but provides information and guidance upon request at the Permit Center.

Program 1.3.3:

Development of Housing
for Persons wi th Disabilities
Continue to provide monetary subsidies to
market‐rate developers and non‐profits to
encourage the development of new
housing for persons with disabilities,
including developmental disabilities, and
for the improvement of existing housing.

Seek state and federal funding to increase
resources available for this program.

Ongoing, as the City
identifies proj ects.

In 2021, MidPen Housing continued construction on the City‐financed Avance Apartments, which will provide 44‐units of affordable, services‐enriched housing for persons with developmental disabilities. The City has provided financial support for acquisition and development of the project through a loan from the City's Affordable Housing Trust Fund of up to $8,003,832. In February 2021, th e project closed all necessary financing to begin construction. The City also worked with Tri‐Valley REACH, a non‐profit operator of disabled/special needs housing, to expand a shared home which operates as permanent housing for developmentally disabled adults who are able to liv e independently, and obtained State funding to rehabiliate and expand supportive shared housing for people with disabilities. In 2021, eight new HUD Section 811 units in the Chestnut Square Family apartments project were leased up to persons with disabilities.

EXHIBIT A
197
Program 1.3.3:

Development of Housing
for Persons with Disabilities
Consider regulatory incentives for projects
targeted for persons with disabilities,
including persons with developmental
disabilities.

Annually, or as projects are
proposed
Ongoing. The Development Code update process may include an analysis of potential regulatory incentives. The City provides some specific fee reductions for developers of a
ffordable housing, including those targeting persons with disabilities. In addition, recent State law has taken the lead in considering regulatory incentives for housing for persons with physical or mental disabilities. Notably, AB 2162 require local entities to streamline the approval of housing projects containing a minimum amount of Supportive Housing by prov iding a ministerial approval process, removing the requirement for CEQA analysis and removing the requirement for Conditional Use Authorization or other similar discretionary entitlements granted by the Planning Commission.

Program 1.3.3:

Development of Housing
for Persons with Disabilities
Support “aging in place” through
community design, partnering with
organizations that provide support
se
rvices, and encouraging accessibility
improvements to rental housing.

Annual renewal of Housing
& Human Services Grant
funding agreements and as
projects are proposed
Ongoing. The City has provided grant funds to a several nonprofit agencies that provide senior support and disabled services to individuals: Senior Support Program of the Tri‐V alley and Community Resources for Independent Living (CRIL) encourage seniors' and disabled persons to age in place and to facilitate independent living skills.

From January‐June 2021, the City contracted with Habitat for Humanity East Bay/Silicon Valley to administer the City's owner‐occupied housing rehabilitation program, which assists seniors with hom e accessibility improvements. In 2021, the City approved development entitlements for a 140 unit senior project to be developed on Pacific Avenue (Pacific Avenue Senior Apartments), which includes services and amenities for seniors to allow them to live independently and age in place.

Program 2.1.1: Housing
Implementation Program
(HIP)
Ensure that future HI P programs address
the need to provide very low‐ and low‐
income housing units (according to the
City’s RHNA) by establishing sufficient
allocations for development of sites
identified in the land inventory. Ongoing
The 2017‐2019 HIP included sufficient allocations for development sites identified in the Land Inventory, including 1,566 in th e Downtown area. Additionally, the 2017‐ 2019 HIP was the last HIP cycle for the forseeable future. Accomodation of housing units will instead be based on the City's capacity to provide infrastructure and services for new housing. The City will continue to encourage and accomodate very low‐ and low‐income housing .

Program 2.1.1: Housing
Implementation Program
(HIP)
Re‐evaluate and continue HIP exemptions
as needed to facilitate housing
construction, redevelopment, and large
scale catalyst projects in the Downtown
area. Ongoing
The 2017‐19 HIP did not put further limitations on growth in the Downtown area.

Additionally, the 2017‐2019 HIP was the last HI P cycle for the forseeable future.

Accomodation of housing units will instead be based on the City's capacity to provide infrastructure and services for new housing. Several projects are underway to redevelop downtown catalyst sites with housing.

Program 2.1.1: Housing
Implementation Program
(HIP)
Continue to allow exemptions from the
HIP in conj unction with the TDC Program
to encourage infill development. Ongoing
The City has discontinued the HIP program. Accomodation of housing units will instead be based on the City's capacity to provide infrastructure and services for new housing.

The City will continue to encourage infill development.

Program 2.1.1: Housing
Implementation Program
(HIP)
Continue to use em phasized categories
during competitive years as a mechanism
to encourage infill development, mixed‐
use (commercial/residential) projects, and
lot consolidation for larger projects. Ongoing
The City has discontinued the HIP program. Accomodation of housing units will instead be based on the City's capacity to provide infrastructure and services for new housing .

The City will continue to encourage infill development, mixed‐use projects, and lot consolitation for larger projects.

Program 2.1.1: Housing
Implementation Program
(HIP)
Provide information on the HIP on the
Community and Economic Development
website and conduct outreach to local
developers. Conduct 2‐3 developer
workshops during the 2015‐2022 period.

C
onduct outreach at the yearly Real Estate
Roundup. Ongoing
Ongoing. The City has discontinued the HIP program. City planning staff is still available to meet and answer questions one‐on‐one with potential applicants. The City also conducts notification and outreach to local developers.

Program 2.1.2: Monitor
Infrastructure Needs
Continue to analyze i nfrastructure needs
and capacity to guide HIP allocations in a
manner that balances residential growth
with the provision of adequate
infrastructure and services.

Every three years, as part of
HIP process
The City prepares a "Community Services and Infrastructure Report" (CSIR) every three years in order to ensure the growth rate does not exc eed the City’s capability to provide services and infrastructure. Previously, this CSIR served as the basis for establishing HIP allocations. The City adopted a new CSIR in 2020, but has disconinued the HIP program.

Program 2.1.2: Monitor
Infrastructure Needs
Review infrastructure needs to support
intensified development on infill sites
within Ci ty limits and in the Downtown
area; program improvements and
upgrades into the City’s Capital
Improvement Program (CIP).

Annually, as part of CIP
updates
The City annually reviews and amends its CIP as needed to accommodate upgrades to support intensified development. The 2019‐2021 CIP included funding for Downtown Revitalization Projects such as land acquisit ion, design and construction of two new parks, new parking garages, and street improvements.

EXHIBIT A
198
Program 2.1.2: Monitor
Infrastructure Needs
Work with the City’s water and sewer
provider in order to ensure the availability
and adequate capacity of water and
wastewater systems to accommodate the
housing needs during the planning period.

Ongoing; as projects are
proposed
The City evaluates the capacity for water and wastewater systems to a ccommodate housing needs as part of the Community Services and Infrastructure Report. The City’s 2019‐2021 CIP included improvements/upgrades to the sewer system. The City is currently updating its Water Master Plan to evaluate long‐term water supply and infrastructure needs. The City continues to work with Cal Water Company during th e review of projects within their service area.

Program 2.1.2: Monitor
Infrastructure Needs
Prioritize proposed developments that
include housing affordable to lower‐
income households. As needed
Ongoing. In 2021, the City approved entitlements for a 130‐unit workforce housing development in the downtown and a 140‐unit low income senior housing development on th e Civic Center site. It also made progress on closing the final funding gap for a 24‐unit low‐income housing development so that construction can commence in 2022. There is sufficient capacity of public infrastructure and services to accommodate demands resulting from the projects.

Program 2.1.2: Monitor
Infrastructure Needs
Provide a co py of the Housing Element
and any future amendments to the utility
providers immediately after adoption.

After adoption of the
Housing Element and as
needed Complete for the 2015‐2022 Housing Element update.

Program 2.1.3: Support
Mixed‐Use and Transit‐
Oriented Development
Promote lot consolidation to increase
opportunities for mixed‐use development. Ongoing
O
ngoing. Following the dissolution of redevelopment agencies, the City continues to explore funding sources to assist with lot consolidation and increase opportunities for mixed use development in Priority Development Areas (PDA).

Program 2.1.3: Support
Mixed‐Use and Transit‐
Oriented Development
Continue to require minimum residential
densities in areas designated for transit‐
oriented, mix
ed‐use development to
ensure higher density in these areas. Underway
Ongoing. There are minimum residential densities in the Downtown area to support higher density housing in this mixed use, transit‐oriented neighborhood. The City also adopted a Specific Plan for the Isabel Neighborhood, a Priority Development Area (PDA), to guide dev elopment around the proposed Valley Link station. The Plan calls for a mix of higher density housing types to take advantage of regional transit access and support Housing Element goals. In addition, the City's Development Code includes form‐based zoning for two mixed‐use sites that requires a minimum percentage of resident
ial development.

Program 2.1.3: Support
Mixed‐Use and Transit‐
Oriented Development
Continue to use existing density incentives
and develop additional incentives to
promote mixed‐use and more intense
residential development near transit.

Identify additional areas served by transit
where density incentives should be
encouraged. Ongoing
Ongoing. For example, the Chestnut Square project, wh ich is currently under construction, used the City's Density Bonus provision to provide affordable rental units (see Program 3.2.1 for more detail). The City continues to explore opportunities for promoting high density residential development. The City adopted the Isabel Neighborhood Specific Plan, which established a goal for 25 percent of the approx
imately 4,095 new housing units to be offered at affordable prices/rents, with a project‐level minimum of 20 percent. Projects within the Isabel area may also use the City's Density Bonus. The Plan provides flexible development standards and parking requirements, allows for master planning across adjacent blocks, and facilitates environmental st reamlining, as incentives to encourage mixed‐use, transit‐oriented development. The City will also consider density incentives for other existing and future Priority Development Areas.

Program 3.1.1: Inclusionary
Housing Ordinance
Continue to implement the inclusionary
housing ordinance.

Ongoing; review every 5
years for adjustment to
market conditions or as
needed/required
Ongoing. Approved projects have been providing below market rate units on‐site and/or paying in‐lieu fees to comply with the policy. It continues to be a major tool in promoting affordable housing product ion in the city. In 2021, a total of six (6) inclusionary units were built and sold to low and moderate income households as part of the Auburn Grove project.

Program 3.1.1: Inclusionary
Housing Ordinance
Continue to require developers to identify
the location of inclusionary units. Ongoing Ongoing, as part of the entitlement process for development projects.

Program 3.1.1: Inclusionary
Housing Ordinance
Update feasibility analysis of inclusionary
housing ordinance to reflect current
market conditions. As part of feasibility
study, the City will evaluate the must‐build
component of the inclusionary Housing
Ordinance to allow developers to choose
one of the alternative means of
compliance without discretionary review
by the City Council.

Complete; review every 5
ye
ars for adjustment to
market conditions or as
needed/require
Complete. The 2013 Residential Nexus Analysis and 2013 Financial Feasibility Analysis demonstrated the direct impact of homebuilding on the need for additional affordable housing and the inclusionary housing must‐build requirement for ownership housing was reinstated in 2015. Concurrently, the In‐Li eu fee was adjusted to a square foot assessment basis per the Market Feasibility Study. The updated fee became effective January 1, 2015. In 2021, the City also updated its inclusionary housing ordinance to incorprate requirements for rental projects and developments in the Isabel Neighborhood Specific Plan Area.

Program 3.1.2: De nsity
Bonuses and Incentives
Continue to ensure new residential
projects are consistent with current State
Density Bonus regulations. Ongoing.

Ongoing. The City updated Chapter 6.02.030 of the Livermore Development Code to be consistent with State Density Bonus regulations in 2019. The City reviews requests for Density Bonuses during the development review process.

EXHIBIT A
199
Program 3.1.2: Density
Bonuses and Incentives
Continue to encourage the use of both the
State Density Bonus Program and the
City’s density incentives for senior and
very‐low income housing. Ongoing
Ongoing. The affordable Pacific Avenue Senior Apartments and Downtown Livermore Apartment projects used incentives from the Density Bonus Program to provide affordable rental unit s.

Program 3.2.1: Affordable
Housing Fund
Continue to use the Affordable Housing
Fund to provide affordable housing
opportunities for lower income
households. Ongoing
Ongoing. The City has been able to utilize its Affordable Housing Fund (which includes Housing Impact Fees and Inclusionary “In‐Lieu” Fees) to secure key sites for future new affordable units and support development of affordable housing . In 2021, the City entered into a Disposition, Development and Loan Agreement with Satellite Affordable Housing Associates (SAHA) and their development partner, Interfaith Housing (IFH), in which the City committed to providing a development loan for the Pacific Avenue Senior Apartment project. The City has also committed funds for th e Housing Consortium of the East Bay to construct a site that will provide up to 24 units of supportive housing and approximately 10,000 s.f. of commercial space for a resource center serving persons who are homeless and a commercial food kitchen that will benefit food insecure people in Livermore.

The Ci ty also provided an acquisition and development loan to MidPen Housing for an affordable housing project, Avance, which continued construction in 2021. The City also secured $3 million in County funds to develop 28 tiny homes for homeless individuals at CrossWinds Church. Nineteen of the 28 residents are Livermore residents, and prov ided Tri‐Valley REACH with a loan to finance the expansion of a shared home which operates as permanent housing for developmentally disabled adults.

Program 3.2.1: Affordable
Housing Fund
Continue to apply the Low‐Income
Housing Impact fee to generate funds for
the Affordable Housing Fund.

Ongoing; as projects are
proposed
Ongoing. In 2021, the City updated its inclusionary housing ordinance to ensure that the method for calculating in‐lieu fees is economically equivalent to the value of building affordable units on sit e.

Program 3.2.1: Affordable
Housing Fund
Continue to allow the payment of In‐lieu
fees as an alternative compliance method
under the Inclusionary Housing Ordinance
(with City Council approval).

Ongoing; as projects are
proposed
Ongoing. For example, the proposed Lassen Road project will use a combination of building on‐site affordable units and paying an in‐lieu fee th at is economically equivalent to building units on‐site to comply with the Inclusionary Housing policy, in accordance with a development agreement.

Program 3.2.1: Affordable
Housing Fund
Review the In lieu and Low Income
Housing Impact fees as major changes
occur in the housing market and adjust if
warranted.

Ongoing, monitor the
feasibility of reinstituting an
impact fee for rental units
as the market develops/
improves.

The housing in‐lieu fee was increased to $39.34 per square foot in 2021, thoroug h an annual adjustment to address market conditions, with the intent to make the fee comparable to building of an affordable unit, and thereby promoting inclusionary housing.

Program 3.2.1: Affordable
Housing Fund
Explore additional funding sources and
opportunities to leverage existing funding
to increase resources for affordable
housing programs.

Ongoing monitoring (see
Program 1.3.3)
Ongoing. In 2021, State HCD awarded funds for the Local Housing Trust Fund Program and the Permanent Local Housing Allocation (PLHA) Program, which will leverage City funding for affordable housing proj ects. Staff worked with local developers to submit applications and secure funding from the Livermore Housing Authority and released a request for information to solicit project sponsors for future applications to the State of California Homekey program to create housing for people experiencing homelessness. The Livermore Housing Authority also secured 25 HUD Mains tream housing vouchers to assist non‐elderly persons with disabilities. The 25 Mainstream vouchers were used to secure housing for homeless individuals exiting the California Roomkey program.

Program 3.2.2: Acquire
Land for Affordable
Housing
Utilize a variety of funding sources to
increase the City’s inventory of City‐
controlled properties to be se t aside for
future development of affordable housing.

Continue to allow land dedication as an
alternative compliance method under the
Inclusionary Housing Ordinance (with City
Council approval). Ongoing
The City currently owns five project sites for the future development of affordable housing. In 2021, the City approved development entitlements for a 140 unit se nior project to be developed on a 3‐acre parcel adjacent to the Civic Center campus for a senior housing project (Pacific Avenue Senior Apartments) Program 3.2.3: Partner
with Affordable Housing
Developers
Coordinate with nonprofit housing
developers and applicable federal, state
and regional agencies to facilitate the
development of qualit y affordable
housing.

Ongoing; as projects are
proposed Ongoing.

EXHIBIT A
200
Program 3.2.3: Partner
with Affordable Housing
Developers
Continue to foster relationships with
nonprofit housing developers active in the
region.

Ongoing; as opportunities
arise
Staff sends out Requests for Proposals (RFPs) for partnerships, as City‐owned site development opportunities arise, and as projects propose support from the City’s Affordable Housing Fund. Staff also communicates wi th developers and housing services providers via participation in community‐based and regional committees to address housing needs (see Goal 6 below).

In 2021, Staff worked with nonprofit development partners to advance housing projects in its current pipeline (Avance, Vineyard 2.0, Pacific Avenue Senior Apartments, and Downtown Livermore Apartments)
Program 3.2.4: Co nversion
of Market‐Rate to
Affordable Units
Continue to provide financial resources to
non‐profit organizations to convert and
increase the existing affordable housing
stock.

Ongoing; with monthly
coordination with non‐
profit development partners
to identify potential
properties
The City continues to participate in as an additional member to the Joint Powers Authori
ty established by CalCHA for the purpose of acquiring market rate housing and converting it to low to moderate income, restricted housing.

Program 3.2.5: Subsidies
and Incentives
Continue to provide subsidies to
affordable housing projects, prioritizing
those that provide the greatest level of
affordability and serve special needs
households. Consider fee wa ivers for
affordable units, direct subsidy through
the Affordable Housing Fund, or providing
land reserved for affordable housing.

Ongoing; as opportunities
arise and through annual
Housing & Human Services
Grant allocation process
Ongoing. The City continues to provide subsidies to projects that meet city goals to provide affordable housing. Current affordable housing proj ects that have received City subsidy include: Downtown Livermore Apartments, Vineyard 2.0, Avance, and Tri Valley REACH Gillette. In 2021, the City entered into an agreement with the nonprofit developer of the Pacific Avenue Senior Apartments project to establish the terms under which the City will lease land to build and operate a ffordable housing.

Program 3.2.5: Subsidies
and Incentives
Continue to allow the HIP exemption for
projects with at least 35% very‐low income
units; emphasize affordable projects
during competitive years.

Ongoing; as projects are
proposed The City has discontinued the HIP program.

Program 3.2.5: Subsidies
and Incentives
Continue to allow developers of a ffordable
units to amortize the payment of
applicable development impact fees over
time to help meet affordable housing
targets.

Ongoing; as projects are
proposed Ongoing
Program 3.2.5: Subsidies
and Incentives
Continue to meet regularly with
developers to discuss incentive
opportunities and provide information at
workshops.

Ongoing; annually at a
minimum Ongoing
Pr
ogram 3.2.6: Public
Outreach
Improve communication with the public to
increase awareness of policies, programs,
and permit processes that support the
production of affordable housing.

Ongoing; monthly
participation in community‐
based meetings to
distribute info
Ongoing. Staff continued to coordinate on improving access via the traditional methods of developer contact to increase kn owledge of incentives available for projects that support the inclusion of affordable housing.

Program 3.3.1: First‐Time
Homebuyer Down Payment
Assistance Program
Continue to provide mortgage assistance
for down payment, closing costs, and
secondary financing to low‐ and moderate‐
income first‐time homebuyers. 2015 through 2022
The City provided fifteen (15) second mortgage loans to low and mo derate income first‐time homebuyers and three (3) down payment assistance loans through its Affordable Homeownership and Mortgage Assistance Programs.

Program 3.3.1: First‐Time
Homebuyer Down Payment
Assistance Program
Continue to target persons with disabilities
for participation in the program. Ongoing
Ongoing. Continued to seek and discuss opportunities fo r fully accessible inclusionary units with developers.

Program 3.3.1: First‐Time
Homebuyer Down Payment
Assistance Program
Continue to promote and provide
information about the program on the
City’s website, newsletter, through e‐mail
distribution, local advertising, and with
brochures and handouts at the City’s
permit center counter. Ongoing
In 2021, Staff helped cr eate new webpages with up‐to‐date content and user‐friendly, easy to access information. Staff partnered with community partners, to help promote the City's First‐Time Homebuyer programs and tabled at the local Farmer's Market and several community events. Program opportunities were featured on the City's social media platforms and e mailed to 7000+ subscribers of the City's Affordable Housing Interest List. Staff also translated marketing materials to Spanish.

Program 3.3.2: Rental
Assistance
Pursue additional funding to maintain the
Section 8 Rental Assistance Program and
enhance support for other rental
assistance programs. Ongoing
Ongoing. City worked with the Livermore Housing Authority and non‐prof it developers to apply Project Based Vouchers on City‐sponsored affordable housing projects.

EXHIBIT A
201
Program 3.3.2: Rental
Assistance
Assist Livermore Housing Authority (LHA)
to maintain and/or increase the amount of
rental housing available to very‐low
income households, as well as the amount
of households assisted through the Section
8 program. Provide technical assistance
with property acquisition and
administrative assistance to the Advisory
Board. Continue to prov ide capital funds
as needed to the LHA to upgrade rental
housing owned and managed by the LHA.

Ongoing; monthly
coordination meetings with
LHA
Ongoing. The City continues to coordinate with the Livermore Housing Authority as they plan to renovate their affordable apartment complexes Bluebell, Chestnut, and Las Posadas, and work on co nversion of the Public Housing project, Leahy Square, through the HUD's Section 18 program. Conversion of Leahy Square will provide the project will greater potential for redevelopment and unit expansion in the future. In 2021, the City and Livermore Housing Authority formed a partnership to apply for State funding to se t aside Housing Authority units for people experiencing homelessness.

Program 3.3.2: Rental
Assistance
Increase promotion of the Section 8
program to the development community,
property owners, and possible
participants. Provide information on LHA
on City’s website. Continue to advertise
the program through the City’s newsletter
and brochures at the permit ce nter and
other public counters.

Update information as
needed or annually Ongoing
Program 3.3.2: Rental
Assistance
Support partners that provide outreach to
landlords about voucher programs with
aim of increasing housing opportunities
for recipients of rental assistance.

Ongoing; annual workshops
and quarterly coordination
with other cities Ongoing
Program 3.3.3:

Homelessness Prevention
and Intervention
Amend the De velopment Code to modify
the definition of transitional and
supportive housing and update the use
tables, listing transitional and supportive
housing as a residential use subject to the
same permit requirements as a residential
use of the same type in the same zone.

Completed at the time of
Housing Element adoption
(
2015) Complete.

Program 3.3.3:

Homelessness Prevention
and Intervention
Implement the Housing First Program
model aimed at ending homelessness for
the most vulnerable populations in
Livermore. Established in 2017
Ongoing. Under the Housing First Model, a person who is homeless is moved into permanent housing as quickly as possible and is provided with the ne cessary services that will enable them to maintain their housing indefinitely. The program relies on a variety of strategies to produce and acquire new affordable units, expand support services, and increase rental assistance.

Program 3.3.3:

Homelessness Prevention
and Intervention
Continue to provide support (rental
subsidies and case management) to
emancipated youth th rough the Tenant
Based Rental Assistance Program.

Ongoing; through annual
Housing & Human Services
Grant allocation process
Ongoing. The City has awarded funding to Abode to implement its “Housing First” model, through its Tenant Based Rental Assistance Program. In FY2020‐21 Abode assisted 8 households in securing permanent housing.

Program 3.3.3:

Homelessness P revention
and Intervention
Provide homelessness
prevention/intervention support services
and rental assistance through Abode
Services’ AC Impact program.

Ongoing; monthly
coordination with Alameda
County
Ongoing. Abode through their AC Impact program is providing housing to seven (7) formerly chronically homeless persons. All clients have maintained their housing since entering the program. The city cont inues to fund case management services to ensure that the individuals remain on a road to self‐sufficency. Services focus on building independent living skills, money management and dealing with any behavioral issues.

Program 3.3.3:

Homelessness Prevention
and Intervention
Provide rental subsidies and related
assistance to households experiencing
domestic violence and ris k of
homelessness through Tri‐Valley Haven.

Ongoing; through annual
Housing & Human Services
Grant allocation process
Ongoing. The City provided federal HOME and CDBG funding to Tri Valley Haven of tenant based rental assistance (TBRA) and case management services to 15 individuals experiencing domestic violence and at risk of homelessness. Th e program provides assistance with ongoing rental subsidies.

Program 3.3.3:

Homelessness Prevention
and Intervention
Facilitate the coordination of the faith‐
based community and providers of
homeless services, building upon the
Mayor’s Homeless Summit.

Ongoing; through City‐
hosted subcommittee
meetings
Ongoing, in January 2019, faith based and non‐profit providers of homeless services assisted in th e development and implementation of the County's survey of persons experiencing homelessness. In 2020‐2021, due to COVID‐19 the annual Warming Center did not occur due to safety precautions. Staff is coordinating with the Faith Based community and providers to place medically vulnerable homeless individuals into hotel rooms during th e winter months. Secured County funding to provide winter relief hotel vouchers. The City continues to partner and two faith communities to provide homeless outreach services. In 2021 Asbury Church provided 2,145 showers and 497 loads of laundry to homeless Livermore residents.

EXHIBIT A
202
Program 3.3.3:

Homelessness Prevention
and Intervention
Support the efforts of the Homeless Street
Outreach (HSO) Team to proactively
connect homeless individuals to resources.

Ongoing; monthly oversight
and coordination
Ongoing. In 2021 CityServe provided case management to 144 homeless or at risk Livermore residents. Abode Services and Bay Area Community Health will continue prov
iding a Street Medical Team to provide medical and mental health services to unsheltered Livermore residents.

Program 4.1.1: Minor
Home Repair Program
Continue to provide rehabilitation grants
to lower income households and
occupants of mobile homes to cover the
cost of minor repairs such as plumbing,
weather stripping, electrical work, and
accessibility i mprovements.

Ongoing; through
identification of applicants
through Neighborhood
Preservation contacts and
requests for assistance
Ongoing. In FY2020‐2021, Habitat for Humanity assisted 2 homeonwers with grants to repair health and safety and general mainteance issues.

Program 4.1.1: Minor
Home Repair Program
Continue to advertise the program
through the City’s website, newsletter,
targeted mailings, and brochures
dist
ributed at public counters and to local
agencies. Ongoing Ongoing.

Program 4.1.2: Owner‐
Occupied Housing
Rehabilitation Loan
Program
Provide assistance to lower income
households in the form of deferred
payment loans for major repairs (roof,
furnace, electrical, plumbing), or for
installation of wheelchair ramps, support
rail systems, or security/safety devices in
housing occupied by el
derly and disabled. 2015 through 2022
Ongoing. In FY2020‐2021, Habitat for Humanity assisted 1 homeonwers with A City loan to repair health and safety and general mainteance issues.

Program 4.1.2: Owner‐
Occupied Housing
Rehabilitation Loan
Program
Continue to advertise the program
through the City’s website, newsletter,
targeted mailings, and brochures
dist
ributed at public counters and to local
agencies.

Update information
annually or as needed Ongoing
Program 4.1.2: Owner‐
Occupied Housing
Rehabilitation Loan
Program
Collaborate with nonprofit agencies such
as GRID Alternatives to assist with energy‐
related improvements.

Ongoing; as projects are
proposed
Ongoing. No households in Livermore participated in the GRID Al ternatives program in FY20‐21
Program 4.1.2: Owner‐
Occupied Housing
Rehabilitation Loan
Program
Develop a Healthy Homes Initiative that
provides outreach and education to help
people maintain their homes. 2015‐2016
Ongoing. Funding is currently unavailable and the City is currently assessing the need for housing rehabilitation services in Livermore.

Program 4.1.3: Historic
Preservation Tax Cr edits
(Mills Act)
Investigate the feasibility of participation
in the Mills Act Property Tax Abatement
Program to encourage the restoration and
maintenance of historic properties. Underway Ongoing.

Program 4.1.4:

Neighborhood
Improvement
Continue to upgrade the quality of the
living environment of older neighborhoods
through improvements to infrastructure
and public facilities. Ongoing
Ongoing. The City’s CI P includes ongoing/annual improvements for street resurfacing, sidewalk repair, and ADA access ramps.

Program 4.1.4:

Neighborhood
Improvement
Continue funding the sidewalk repair
program and ADA sidewalk curb cuts and
access ramps to improve sidewalk‐to‐
street access for Livermore’s disabled
citizens. Ongoing
Ongoing. The City’s CIP includes ongoing/annual improvements for street resurfacing, side
walk repair, and ADA access ramps adjacent to City properties. In 2018 the City adopted a resolution discontinuing both the City subsidy of private sidewalk repairs and the practice of the City completing repairs on behalf of private property owners.

Program 4.1.4:

Neighborhood
Improvement
Pursue funding available for acquisition
and rehabilitation of fo reclosed, vacant,
and/or blighted properties. Annually
Ongoing. The City continues to work with non‐profit housing agencies to identify prospective acquisition and rehabilitation opportunities that could rehabilitate blighted and distressed properties within the City and provide safe, clean and affordable rental housing opportunities.

Program 4.1.5:

Neighborhood Preservation
Program
Encourage low‐income homeowners wh o
need financial assistance to correct code
violations to utilize the Housing
Rehabilitation programs. Ongoing
Ongoing. Neighborhood Preservation continues to refer homeowners to the local and County programs that provide assistance for needed home rehabilitation and repairs.

Program 4.1.5:

Neighborhood Preservation
Program
Continue to identify and provide
assistance to rehabilitate units needing
substantial renov ation due to severe
deterioration. Ongoing
City is currently assesing s currently assessing the need for housing rehabilitation services in Livermore.

EXHIBIT A
203
Program 4.1.5:

Neighborhood Preservation
Program
Continue the Housing Quality Inspections
for multi‐family complexes that have
received CDBG and HOME funding. Ongoing Ongoing
Program 4.1.5:

Neighborhood Preservation
Program
Continue to promote Neighborhood
Preservation programs and clean‐up
events through the City’s website. Ongoing
Ongoing. The City’s website contains information on upcoming events related to neig
hborhood nuisance and cleanup, including clutter support groups.

Program 4.1.5:

Neighborhood Preservation
Program
Use volunteer assistance clean‐up teams
specifically to assist frail elderly and
disabled homeowners that have received
code complaints for property upkeep. Ongoing Ongoing.

Program 4.2.1:

Preservation of Subsidized
Housing at‐risk of
Conversion to Market Rate
Monitor the at‐ris k status of affordable
housing projects. Send a list of potentially
at‐risk housing projects to nonprofit
developers to solicit participation in the
City’s efforts to preserve the units. Contact
project owners of at‐risk projects to
discuss preservation options/incentives
and facilitate collaboration with
potentially interested non‐profits; and
notify tenants a ccording to State and
Federal requirements. Annually Ongoing
Program 4.2.1:

Preservation of Subsidized
Housing at‐risk of
Conversion to Market Rate
Communicate with tenants and respond to
notices of intent filed by property owners
in a timely manner. Ongoing, as needed Ongoing
Program 4.2.1:

Preservation of Subsidized
Housing at‐risk of
Conversion to Market Rate
Work to pres erve at‐risk housing units by
providing financial incentives to landlords
who in turn agree to continue to provide
affordable units. Ongoing OngoingProgram 4.2.1:

Preservation of Subsidized
Housing at‐risk of
Conversion to Market Rate
Pursue State funding available for the
preservation of at‐risk housing. Annually Ongoing
Program 4.2.2: Maintain
Affordability of Housing
Stock
Support the preservation of existing
market rate housing that is affordable to
lower income households through
rehabilitation and rental assistance
programs. Ongoing Ongoing. See Programs 3. 3.2, 4.1.1, and 4.1.2 for more detail.

Program 5.1.1: Support
Non‐Profit Organizations
Specializing in Fair Housing
Services
Continue to provide financial assistance
and administrative support to local non‐
profit organizations that specialize in
reducing discriminatory housing practices
through fair housing counseling,
tenant/landlord mediation,
education/outreach, and rental assistance.

Ongoing; through annual
Housing & Human Se rvices
Grant allocation process
Ongoing. In FY 2020‐21, ECHO Housing was allocated funding from local housing in‐ lieu funds to provide services to assist residents with fair housing complaints, tenant landlord disputes, accessing and fair housing education. In FY 2020‐21 ECHO assisted over 200 Livermore clients. In 2021, th e City also contracted with Centro Legal de la Raza to provide legal services and conduct public outreach regarding tenant rights.

Program 5.1.1: Support
Non‐Profit Organizations
Specializing in Fair Housing
Services
Continue to refer complaints of
discriminatory housing practices to LHA
and ECHO Housing. Ongoing
Ongoing. In FY2020‐21, ECHO completed 10 propert y audits in Livermore, and investigated 9 fair housing cases.

Program 5.1.1: Support
Non‐Profit Organizations
Specializing in Fair Housing
Services
Continue to refer complaints and requests
for housing for the disabled to partner
organizations. Ongoing Ongoing. In FY2020‐21 CRIL provided services to 103 disabled persons. .

Program 5.1.1: Support
No
n‐Profit Organizations
Specializing in Fair Housing
Services
Continue to assist in the distribution of fair
housing brochures at public locations,
such as city counters, public libraries,
community/senior centers, and service
providers. Continue to expand outreach
and access to information for limited
English‐speaking residents. Annually, or as needed
Ongoing. Housing staff partnered with the libraries and nonprofits to circulate outreach materials.

EXHIBIT A
204
Program 5.1.1: Support
Non‐Profit Organizations
Specializing in Fair Housing
Services
Continue to provide financial support for
the City’s Fair Housing Audit conducted by
ECHO and the dissemination of audit
results and information on fair housing
laws to landlords, rental housing
organizations and the public.

Annually, through annual
Housing & Human Services
Gran
t allocation process
Ongoing. In FY2020‐21 ECHO tested 10 Livermore properties. ECHO provides training to landlords who fail to comply with federal and state fair housing laws. ECHO also works with other nonprofit agencies such as East Bay Community Law Center, Bay Area Legal Aid and Centro Legal de la Raza to prov ide clients with appropriate legal services to stabilize their housing situation. ECHO collaborates with CRIL, an agency dedicated to serving individuals with disabilities, to provide CRIL clients with housing counseling. Lastly, ECHO holds various public Fair Housing education workshops to educate the public, landlords, tenants and community organizations.

Program 5. 1.2: Reasonable
Accommodation
Consistent with state and federal laws,
continue to provide individuals with
disabilities reasonable accommodation in
rules, policies, practices, and procedures
through the building permit and
development review processes. Ongoing
Ongoing. The Livermore Development Code outlines procedures to address reasonable accommodation (Chapter 9.06).

Program 5.1.2: Reasonable
Accommodation
Continue to part ner with ECHO to conduct
fair housing tests for reasonable
accommodations in multi‐family rental
properties. Provide regular training to
landlords. Ongoing
As described in Program 5.1.1, the City partners with ECHO to conduct a fair housing audit of 10 rental properties each year. ECHO provided the landlords of these properties with t raining and information regarding disability laws and tenant/landlord rights and responsibilities. In addition, ECHO offered free fair housing training to the owners and managers of rental properties in Livermore.

Program 5.1.2: Reasonable
Accommodation
Work with Livermore Housing Authority
and partner organizations to identify
landlords in need of assistance with
making modifications fo r persons with
disabilities within the Section 8 program.

Ongoing; as project
opportunities occur Ongoing
Program 6.1.1: Tri‐Valley
Affordable Housing
Committee
Continue to participate in Tri‐Valley
Affordable Housing Committee to identify
regional housing issues and to develop
multi‐jurisdictional approaches to solving
affordable housing problems. Ongoing,
Ongoing. Two Livermore City Councilmember are me mbers of the Tri‐Valley Affordable Housing Committee. The City also provides a staff liaison to the Committee, who regularly attends the quarterly meetings.

Program 6.1.2: Emergency,
Transitional, and
Supportive Housing
Services
Continue to coordinate with other local
jurisdictions to provide for the acquisition,
rehabilitation, and operation of emergency
housing for f amilies. Support the Tri‐Valley
Haven in providing outreach, case
management counseling, social services,
and referrals to people with disabilities,
survivors of domestic violence, and
homeless or those at risk of being
homeless.

Ongoing; through annual
Housing & Human Services
Grant allocation process
Ongoing. In FY 2020‐21, the City allocated f unding to Tri‐Valley Haven to fund its domestic violence shelter, homeless shelter, and to provide emergency rental assistance services to victims of domestic violence.

Program 6.1.2: Emergency,
Transitional, and
Supportive Housing
Services
Pursue opportunities to secure joint
funding with neighboring and local
jurisdictions to aid homeless and at‐risk
households.

Ongoing; as f unding
opportunities occur with the
County and State.

Ongoing. In FY 2019‐2021 the City allocated $523,237 in Homeless Emergency Aid Program (HEAP) funds to CityServe for Crisis Stabilization and rental services in the Tri‐ Valley.

Program 6.1.2: Emergency,
Transitional, and
Supportive Housing
Services
Assist in implementing the County‐wide
Home
less and Special Needs Housing Plan
“EveryOne Home”. Ongoing
Ongoing. The City represents the Tri‐Valley and is a part of the Everyone Home. The City provides input on implementing the Everyone Home Coordinated Entry System (CES). The City works closely with the Tri‐Valley Housing Resource Center (HRC) and Abode Services. Th e HRC offices are located in the City's Multi Service Center. In addition, the City provides funding for outreach and case management to support the CES.

Program 6.1.2: Emergency,
Transitional, and
Supportive Housing
Services
Maintain membership in the HOPE
Partnership, which oversees the HOPE
Mobile Services Unit.

Ongoing; through annual
Housing & Human Se rvices
Grant allocation process
Ongoing. The Hope Mobile Provides Services every Friday for the Unsheltered residents at Cornerstone Church. This is a partnership between Alameda County Health Care for the Homeless, Abode Services and Bay Area Community Health

EXHIBIT A
205
Program 6.1.2: Emergency,
Transitional, and
Supportive Housing
Services
Work with local and regional organizations
such as Tri‐Valley REACH to provide
information on housing and services
available for persons with disabilities,
including developmental disabilities.

Provide information through the City’s
website and at the Multi‐service Center. Ongoing
Ongoing. In 2021, Staff worked with Tr i ‐Valley REACH to expand a single family home and create an additional shared housing opportunity for persons with physical and developmental disabilities. Staff also released a Request for Proposals for local supportive shared housing providers to expand and/or rehabilitate their properties with funds granted through the State Permanent Local Housing A llocation (PLHA) Program.

Program 6.1.3: Regional
Home Ownership
Education and Counseling
Continue to cooperate with Tri‐Valley
cities to support locally accessible home
ownership counseling and foreclosure
intervention services through regional and
local agencies such as the Eden Council for
Hope and Opportunity Housing
Opportunity Center (ECHO HOC)
Ongoing; through m onthly
services agreement with
ECHO
ECHO Housing continues to provide educationa and counseling services to prepare households for homeownership. In 2021, ECHO offered eight (8) 8‐hour First‐time Homebuyer Education webinars and provided three (3) pre‐purchase counseling sessions to Livermore residents.

Program 7.1.11: Green
Building
Continue to enforce State Energy Co de
when reviewing construction plans
submitted in order to obtain building
permits.

Ongoing
The Building division continues to implement State Energy Code requirements as part of the plan check process to obtain building permits. This includes Part 11 - the California Green Building Standards Code ("CALGreen"), which was last updated in January 2020.

Program 7.1.11: Green
Building
Encourage developers to exceed the
minimum green building point
requirement by maintaining and regularly
updating the Green Building Resource
Center and the City’s website, allowing
Electronic Submittal for Solar PV Permit
Applications to streamline the permitting
process, and providing one‐on‐one
consultation with certified or accredited
st
aff to assist with project design and
incorporating green building measures.

Building Division staff are available to meet with project applicants to discuss green building measures over the counter at the Permit Center, or by appointment.

Program 7.1.11: Green
Building
As part of the Housing Implementation
Program (HIP), require applicants to
either: 1) prov ide a photovoltaic system(s)
that generates a minimum of 10% of the
total anticipated energy demand of the
project, or 2) achieve Tier 2 California
Green Building Code Energy Conservation
Compliance for the entire project. The City has discontinued the HIP program.

Program 7.1.2: Climate
Action Plan
Implement Climate Action Plan to reduce
energ
y use and emissions associated with
residential development.

Ongoing Ongoing. The City is implementing its existing Climate Action Plan, which was adopted in 2012. The City anticipates adopting an update to the plan in 2022.

General Comments

EXHIBIT A
206
Jurisdiction Livermore ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
34 APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
EXHIBIT A 207
Jurisdiction Livermore ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023 (CCR Title 25 §6202) Extremely Low-
Income+ Very Low-Income+ Low-Income+ TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+ Low-Income+
TOTAL
UNITS+
Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilita ted, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consist ent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or ot her structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields. The description should adequately document how each unit complies with subsection (c) of
Government Code Section 65583.1+
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
EXHIBIT A 208
Jurisdiction Livermore
Reporting Period 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
23 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.

EXHIBIT A
209
Jurisdiction Livermore
Note: "+" indicates
an optional field
Reporting Period 2021
(Jan. 1 - Dec.
31)
Cells in grey
contain auto-
calculation
formulas
Designation Size Notes
1 2 3 4 567
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
99017502600 E Stanley Blvd Vacant 0 Surplus Land 0.344
Development
challenges include
lack of safe
public access,
adjacent to
railroad tracks and
in/adjacent to
Arroyo Mocho
Channel
99017502500 E Stanley Blvd Vacant 0 Surplus Land 0.843
"Development
challenges include
lack of safe
public access,
adjacent to
railroad tracks and
in/adjacent to
Arroyo Mocho
Channel"
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table H
Locally Owned Surplus Sites

EXHIBIT A
210
Jurisdiction Livermore
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Current Year
Deed Restricted 44
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 60
25 129
Units by Structure Type Entitled Permitted Completed
SFA 0 22 52
SFD 1 3 1
2 to 4 0 0 4
5 + 0 0 0
ADU 0 60 37
MH 0 0 0
Total 1 85 94
10 649
1 0
0 0
0 0
Income Rental Ownership Total
Very Low 00 0
Low 00 0
Moderate 00 0
Above Moderate 00 0
Total 00 0
Cells in grey contain auto-calculation formulas
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level

EXHIBIT A
211
Jurisdiction Livermore
Reporting Year 2021 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto‐populated based on amounts entered in rows 15‐26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Housing Element Update $175,000.00 $175,000.00
Local
General
Fund
Design Standards and Guidelines $100,000.00 $100,000.00 Local
General
Fund Starting 2023
Isabel Neighborhood Specific Plan $15,000.00 $15,000.00 Local
General
Fund
General Plan Update $10,000.00 $10,000.00
Local
General
Fund
Summary of entitlements, building permits, and certificates of occupancy (auto‐populated from Table A2) Current Year
Deed Restricted 130
Non-Deed Restricted 0
Deed Restricted 140
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
In Progress
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Completed
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable. 300,000.00$
Task Status
In Progress
Other (Please Specify in Notes)

EXHIBIT A
212
121
391
Current Year
Deed Restricted 44
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 60
25 129
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 4
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 37
85 126
Moderate
Above Moderate
Total Units
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate

EXHIBIT A
213

CITY COUNCIL STAFF REPORT
ITEM NO. 10.1

DATE:

March 28, 2022
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Supplemental materials received prior to the meeting.

RECOMMENDED ACTION

SUMMARY
These materials were posted online and made available to the public at the same time that they were distributed to the City Council.

3.1 2021 Livermore Phishing Award presented by Cybersecurity Manager Donald Hester to Public Works Management Analyst Anthony Smith

Material: PowerPoint Presentation

4.0 Citizens' Forum

Material: Public Comment Received

6.1 7:05 P.M. - Introduction of an Ordinance amending Title 2, Chapter 2.14, Elections, of the Livermore Municipal Code regarding City Council Districts and amending the boundaries and descriptions of the districts as indicated in Exhibit A

Material: Public Comment Received

Material: PowerPoint Presentation

8.0 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, Council Members.

Material: Council Reports

DISCUSSION
214

ATTACHMENTS

1. Supplemental Materials

Prepared by: Debbie Elam
Deputy City Clerk

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olsen
Administrative Services Director
215
1 City of Livermore 2021 Phishing Award
March 28, 2022
Presented by Donald Hester, Cybersecurity Manager
Phishing
A top cyber threat
Phishing is a cybercrime in which a target or
targets are contacted by email, telephone call,
voicemail, instant message, or text message by
someone posing as a legitimate institution or a
person know to the victim in order to lure
victims into providing sensitive data such as
personally identifiable information, banking
account data, credit card details, and account
credentials.
1 2
Item 3.1
PowerPoint Presentation
216
2 43% of cyberattacks in 2020 featured phishing
33% of total cyber attacks an organization had to
deal with in 2021 were phishing
74% of US organizations experienced a
successful phishing attack in 2021
Phishing & spear-phishing attacks have appeared
in the top three types of cyber attacks for the last
four years.

Phishing
Number 1 way threat-actors attack
• Provide all
employees with
ongoing security
awareness
•
Employ simulated
phishing platforms
Phishing
Smart security teams do things differently
Simulated phishing exposes
carelessness and educates
staff on the importance of
constant vigilance
Both initiatives dramatically
increase security awareness
and reduce risks of
ransomware and successful
data breaches
2021 Cyberthreat Defense Report by CyberEdge Group
3 4
Item 3.1
PowerPoint Presentation
217
3 • Cybersecurity awareness program
• Cyber alerts
• Other technical controls
• Employee reporting of phishing attempts
• Positive reinforcement for a job well done
For the public: Cyber Safety Resources
Phishing
Livermore’s response
https://www.cityoflivermore.net/government/administrative-services/cybersecurity Phishing Award
Reporting the most phishing attempts in 2021
The City of Livermore
2021 Phishing Award
For reporting the most
phishing emails in 2021
Goes to Anthony Smith
in Water Resources
5 6
Item 3.1
PowerPoint Presentation
218
3/25/22, 2:21 PM Mail - Clay James - Outlook
https://outlook.office365.com/mail/id/AAQkADVkOGUyMzYyLTFlNGQtNDc1Zi1hY2E5LTRlNjgyNjdmYjk1NwAQAH%2F10n%2B%2FFuRFsfxq4IxJ20Q… 1/1 Re: Resolution on cutting ties with sister city of Snezhinsk Sat 3/19/2022 4:55 PM
To: Cityclerk - Livermore <[email protected]> £ Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

To Livermore City Council
Please submit my letter for consideration in discussion Re: Resolution on cutting ties with sister city of Snezhinsk.

Dear Livermore City Council Members,
My name is Alyona Doubrovina, I am a US citizen, have lived in the US for 28 years, 17 of which in Redwood City, CA. I was born and grew up in Snezhinsk, Russia and have had strong ties with this city, often visiting my parents and many friends who live there. My husband and his family are from Ukraine. 3 weeks ago, our worlds have turned upside down as we learned about the Russian invasion in Ukraine.

We’ve been devastated by daily news of casualties and destruction in Ukraine, tragic stories beyond anyone's comprehension, worries about our family and friends fleeing for safety, and we’ve been doing our part to help by donating to refugee shelters in Ukraine, collecting humanitarian aid, donating to helping organizations.

We’re also very concerned about the situation in Russia where people are “held hostage” by their own government in the form of denying them access to the truth about the war, bombarding people with blatant lies, arresting, expelling from universities, and firing from jobs people for any form of protest and ostracizing dissidents as traitors. Thousands of people arrested for protesting the war are being charged with enormous fines, being beaten and tortured. On March 4, speaking up against Russian government criminal acts in Ukraine has become even more difficult for those living in Russia, as the new law on “fake news” about military operation in Ukraine (even using the word “war” is not allowed) can lead to up to 15 years of prison.

In this context, I am writing to express my concern over the Livermore City Council considering cutting ties with its sister city Snezhinsk and sending a letter to Snezhinsk mayor demanding public denouncing of government actions. While I understand and support your intent, I want to make sure you realize that a consequence of making public statements against the war for any person in Russia, and even more so for a mayor, would most likely be losing a job, being arrested and beaten, with similar consequences for the rest of the family. As you probably know, Snezhinsk is a state funded city without hardly any additional source of income towards its budget. Therefore, it’s not only mayor’s personal wellbeing, but also the existence of the entire city of Snezhinsk that is at risk here. In your letter you refer to an assumed “influence of a municipal leader”. Please, understand, in the context of Russian authoritarian regime this assumption is just false. I’m asking you to not blindly join the rest of the world blaming and shaming common Russians for something they have no power to change.

During these very difficult times, when Russian government has been acting with criminal aggression towards both Ukrainian and Russian citizens, people of Snezhinsk more than ever need friends. Please be a true friend by showing your support instead of ultimatums.

Respectfully,
Alyona Doubrovina
Item 4.0
Public Comment Received
219
From: [email protected]
To: redistricting
Subject: Livermore Redistricting - New submission from Contact Us Date: Tuesday, March 15, 2022 6:12:46 PM
Name
Frances Denisco
Email
Message
Hello,
I would like voice my support for the Blue and Purple maps that were created by consultants, and that minimize deferred voting for senate seats.
thank you,
Frances
Item 6.1
Public Comment Received
220
2021 Housing Element
Annual Progress Report
City Council
March 28, 2022
Housing Element Annual Progress Report
• A tool for tracking pr ogress meeting the goals and
objectives in the City’s Housing Element
• Due April 1 st to the California Department of Housing and Community Development and the Governor’s
Office of Planning and Research
• Filing the report on time sustai ns the City’s eligibility for grant programs.
1 2
Item 6.2
PowerPoint Presentation
221
APR Reporting Requirements
• Building permits issued by income level
• Progress implementing programs
• Housing applications received
• Housing units approved and disapproved
• Housing units receiving a “form of readiness”
• Housing units qualifying for SB
35 streamlining
•
Housing units constructed in conjunction with
a commercial
development bonus
• Sites rezoned to accommoda te RHNA
targets
•
Surplus property central inventory
2017 State
Legislation
2019 State
Legislation
Regional Housing Need Allocation (RHNA)
4-person household
in Alam
eda County (2021)
Income
Category
Livermore’s
RHNA
2015 – 2022
% of Median
Household
Income
Upper
Threshold
Extremely Low Less than 30% $41,100
Very Low 839 31-50% $68,500
Low 474 51-80% $109,600
Moderate 496 81%-120% $150,700
Above Moderate 920 120%+
Total 2,729
3 4
Item 6.2
PowerPoint Presentation
222
Regional Housing Need Allocation (RHNA) and
Building Permits Issued
Income
Category 2015 2016 2017 2018 2019 2020 2021 Total RHNA
2015 – 2022 Remaining
Extremely/
Very Low 0 0 52 34 42 0 44 172 839 667
Low 2 16 24 10 1 3 0 56 474 418
Moderate 14 395 15 26 38 40 60 588 496 0
Above
Moderate 420 15 311 235 260 124 25 1,390 920 0
Total 436 426 402 305 341 167 129 2,206 2,729 1,085
City’s Housing Program
• Allows and encourages accessory dwelling units (i.e., in-law units)
• Implements an inclusionary ordinance requiring 15% of units to be offered at below-market rates
• Provides housing assistance to residents
• Leverages local housing trust funds to acquire,
construct, and preserve new affordable units
• Helps fund non-profits that provide supportive services • Implements Housing First program to reduce
homelessness
5 6
Item 6.2
PowerPoint Presentation
223
Accessory Dwelling Units
5 6 9 12 12
18 36
39 60
2013 2014 2015 2016 2017 2018 2019 2020 2021
ADUs Built Since 2013
ADUs
State starts
expanding
ADU laws
• 100 townhomes
• Includes 15 low- and
moderate-incom
e units
• First project completed in the
First Street
Transitional Area
Auburn Grove
Complete
7 8
Item 6.2
PowerPoint Presentation
224
Chestnut Square – Townhomes
Finishing Construction
• 44 market rate townhome
units
•
Third and final phase of the
Chestnut Square
project
• 222 market-rate rental
units
•
14,000 square feet retail
space
along First Street
• First Street streetsca pe
improvements
Legacy Livermore
Under Construction
9 10
Item 6.2
PowerPoint Presentation
225
• 28 tiny home units for individuals
experiencing homelessness
•
On-site services
• Ribbon cutting May 21, 2021
• CUP by Fall 2022
Goodness Village at CrossWinds Church
Temporary Use Permit
• 44 units for persons with
developmental disabilities
•
Very low-income units
• On-site resident services
Avance
Under Construction
11 12
Item 6.2
PowerPoint Presentation
226
• Supportive Services Center
o Case Management & Counseling
o Housing Resource and Referral
o Basic Needs
Services (Homeless)
o Open Heart Kitchen
Vineyard Housing and Services Site
Starting Construction
• 24 units of permanent supportive
housing
(Housing Consortium of
the
East Bay)
Church Street Apartments
Building Permit Review
• 36 rental apartments
• Former Wagoner Winery site
13 14
Item 6.2
PowerPoint Presentation
227
Downtown Workforce Housing
Entitlement Approved
• 130 workforce housing units
• Entitlement approved May
2021
Pacific Avenue Senior Housing
Entitlement Approved
• 140 low and very low-income
senior housing units
•
City approved entitlements in
November 2021
15 16
Item 6.2
PowerPoint Presentation
228
Isabel Neighborhood Specific Plan
535 units
under review
Housing Element Update
• Housing Element Update underway - 2023-2031
planning period
• New RHNA allocations – 4,570 units
• Draft Housing Element to City Council in May
Income Level Percent of Median
Family Income
Income Range –
4-Person Household
Number of
Units
Very Low 50% or less < $68,500
1,317
Low 51% to 80% $68,501 - $109,600 758
Moderate 81% to 120% $109,601 - $150,700 696
Above Moderate More than 120% > $150,700
1,799
Total 4,570
17 18
Item 6.2
PowerPoint Presentation
229
Recommendation
Staff recommends the City Council:

1. Provide opportunity for public comment

2. Adopt a resolution accepting the 2021
Housing Element Annual Progress Report
19 Item 6.2
PowerPoint Presentation
230
Council Member
Committee
Meeting
Date Committee Agenda Link Meeting Type Committee Report: Summary Mayor Woerner 3/18/2022 Ribbon Cutting for AJ's Bike Service Event Mayor Woerner 3/21/2022 Tri ‐Valley Cities Councils Mayors, Managers, & Liaisons Mayor Woerner 3/23/2022 Livermore Valley Chamber of Commerce Board Meeting Mayor Woerner 3/24/2022 Alameda County Transportation Committee https://www.alamedactc.org/get‐
involved/upcoming‐meetings/ Committee Meeting
San Pablo Ave. Corridor agenda
item worth reviewing.

Mayor Woerner 3/25/2022 ABC Norcal Graduation Event
Item 8.0
Council Reports
231
Council Member
Committee
Meeting
Date Committee Meeting Type Committee Report: Summary
Vice Mayor Bonanno 3/15/2022 Livermore Downtown Inc. Board Meeting Vice Mayor Bonanno 3/15/2022 Climate Action Subcommittee (with CM Carling) Meeting Briefing and review of Climate
Action Plan Draft (with CM Carling)
Vice Mayor Bonanno 3/16/2022
Welcome Reception for new Adm. Services Director, Tina
Olson Event
Vice Mayor Bonanno 3/17/2022 Grand Opening for Tri‐valley Haven Food Pantry Event Vice Mayor Bonanno 3/18/2022 Grand Opening for AJ's Bike Service Event Vice Mayor Bonanno 3/24/2022 Climate Action Subcommittee (with CM Carling) Meeting Vice Mayor Bonanno 3/26/2022 BSA Troop 903 Eagle Scout Court of Honor Event Item 8.0
Council Reports
232
Council Member
Committee
Meeting
Date Committee Meeting Type
Council Member Carling 3/23/2022 Stop Waste Board Meeting Item 8.0
Council Reports
233
City of Livermore
Zoom Interpretation Instructions
Simultaneous English/Spanish and Spanish/English interpretation will be provided during the public hearing item 6.1 titled “7:05 P.M. - Introduction of an Ordinance amending Title 2, Chapter 2.14, Elections, of the Livermore Municipal Code regarding City Council Districts and amending the boundaries and descriptions of the districts as indicated in Exhibit A.”Please select the language you want to follow the public hearing in from the interpretation menu at the bottom of your Zoom screen.
 LOCATE THE INTERPRETATION ICON – it is the globe-shaped icon on the bottom right of your screen
 SELECT either English or Spanish
 SELECT Mute Original Audio
To provide Public Comment, click the “raise hand” button on Zoom and you will be called upon to speak. If you are joining us by phone, you can raise your hand by dialing *9. Once you’re called on to speak, you will be unmuted at that time so you can share your comments.

All participants, in both the English and Spanish Zoom channels, will have the opportunity to provide Public Comment. Meeting participants in the Spanish Zoom channel may ask their question in Spanish to the Spanish-speaking interpreter who will then relay the question to the English channel.

Habrá interpretación simultánea de inglés/español y español/inglés durante el punto 6.1 de la audiencia pública titulada “7:05 P.M. - Introducción de una ordenanza que modifica el Título 2, Capítulo 2.14, Elecciones, del código municipal de Livermore con respecto a los distritos del concejo municipal y modifica los límites y las descripciones de los distritos como se indica en el anexo A” Seleccione el idioma en el que prefiere seguir la audiencia pública en el menú de interpretación en la parte inferior de su pantalla de Zoom.  LOCALICE EL ÍCONO DE INTERPRETACIÓN – es el icono con forma de globo terráqueo que se encuentra en la parte inferior derecha de su pantalla  SELECCIONE English (inglés) o Spanish (español)
 SELECCIONE "mute original audio" para silenciar el audio original Para proporcionar comentarios públicos, haga clic en el botón “levanta la mano” en Zoom y se le pedirá que hable. Si se unirá a nosotros por teléfono, puede levantar la mano marcando *9. Una vez que se le llame para hablar, encenderán tu micrófono para que pueda compartir sus comentarios.

Todos los participantes, tanto en los canales de Zoom en inglés como en español, tendrán la oportunidad de proporcionar comentarios públicos. Los participantes de la reunión en el canal de español pueden hacer su pregunta en español al intérprete, quien luego transmitirá la pregunta al canal en inglés.
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Livermore City CouncilMarch 28, 2022

Livermore City Council
March 28, 2022