Agenda packet — Livermore City Council, April 11, 2022 (part 4 of 4)

d. The Human Services Commission to request staff to provide information, perform studies, or undertake other administrative functions or to develop information for Commission action at a future meeting. If the requested action cannot be accomplished within the approved budget or if it will involve substantial staff resources, approval of resources would need to be provided from the City Council prior to staff completing the work.

Members of the public do not have the right to address the Human Services Commission during this portion of the agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa Barbara Bd. of Supervisors, (2005) 129 Cal.App.4th 205].

21.6 Adjournment

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This portion of the agenda is for the Chairperson to adjourn the Human Services Commission meeting to its next meeting. The meeting may be adjourned to a regular meeting, special meeting, special meeting workshop, adjourned regular meeting, or adjourned special meeting.

Adjournment at any other point in the meeting requires a formal motion by the Human Services Commission.

22. Order of Business – Special Meetings and Workshops

No matters except those specified in the notice and agenda for a special meeting or special meeting workshop may be discussed at those meetings.

The usual order of business for special meetings and workshops shall be as follows:

22.1. Call to Order

This portion of the agenda is the same as it is for a regular meeting.

22.2. Public Comment

The purpose of this portion of the agenda is to provide the public with the opportunity to address the Human Services Commission on only those items listed in the posted notice and agenda for the special meeting or workshop.

Public speakers shall address the Human Services Commission following the procedures set forth in Section 23 Citizens’ Rights.

However, unlike a regular meeting, the agenda for a special meeting will not include a citizens’ forum or opportunity for the public to address the Human Services Commission on any item of interest to the public that is within the Human Services Commission’s subject matter jurisdiction, unless that opportunity is expressly included in the agenda.

22.3 Special Meeting Item and Workshop Item

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take a final action at a special meeting, but not at a workshop, as set forth in Section 15.2 Special Meetings and Section 15.3 Special Meeting Workshops

22.4 Adjournment

This portion of the agenda is the same as it is for a regular meeting.

23. Citizens’ Rights

An Human Services Commission meeting is a limited public forum. [78 Ops.Cal.Atty.Gen. 224 (1995); Kindt v. Santa Monica Rent Control Bd. (9th Cir. 1995) 67 F.3d 266; White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; Leventhal v. Vista Unified School District (SD Cal. 1997) 973 F.Supp. 951].

Members of the public have the right to address the Human Services Commission and to attend its meetings. During the citizens forum portion of a regular meeting agenda, members of the public have a right to address the Human Services Commission on any item of interest to the public that is within the Human Services Commission’s subject matter jurisdiction. Members of the public also have the right to address the Human Services Commission before the Human Services Commission considers or takes action on an item on any regular meeting agenda, except for items properly listed or considered in the Call to Order, Human Services Commission Reports and Matters Initiated, and the Adjournment portions of the agenda. Members of the public shall be provided an opportunity to address the Human Services Commission concerning any item that is described in the notice for special meeting workshops and special meetings. [54954.3].

The procedures for addressing public comments to the Human Services Commission are as follows:

23.1 Addressing the Human Services Commission

Members of the public that want to address the Human Services Commission during citizens forum or before the Human Services Commission considers or takes action on an item must indicate their desire by personally submitting a request to speak to the staff liaison, or his or her designee, using the methods specified by the staff liaison in the agenda for that meeting. A member of the public may not submit a request to speak on behalf of any other person. The methods for addressing the Human Services Commission will be described at each meeting. The staff liaison will prominently display the methods to address the Human Services Commission in the William H. Mendenhall Community Room.

Before an item is considered by the Human Services Commission, the staff liaison shall identify or provide a list of the speakers to the presiding officer in the order that they are received for each agenda item. Generally, once the Human ATTACHMENT 8
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Services Commission begins its consideration of an item, no additional requests to speak will be accepted absent invitation by the presiding officer.

The purpose of submitting a request to speak is to help the presiding officer conduct the Human Services Commission’s meetings and to complete its business in an orderly fashion. The intent is not to limit testimony. Therefore, a member of the public will not be denied an opportunity to speak if a request to speak lacks information or because a speaker wants to remain anonymous.

Speakers who have not submitted a request to speak on time may be heard by the presiding officer’s recognition or by another Human Services Commissioner’s successful appeal. [White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421].

23.2 Speaker Time Limit

Each advisory body, with input from the City Clerk and consistent with the uniform format provided by the City Clerk, may establish their own rules to specify the method to request, and the speaker time limits, for citizens addressing the advisory body, but the advisory body must then administer them uniformly.

23.3 Members of the Public Addressi ng the Human Services Commission

23.3.1 A list of people who have requested to speak shall be used to call each speaker to address the Human Services Commission. When calling a speaker to the lectern the next two speakers will also be identified so, they are prepared to address the Human Services Commission when called.

23.3.2 The Chairperson may request each speaker to state his or her name and city of residence before addressing the Human Services Commission.

A speaker is not required to provide his or her name or address to address the Human Services Commission. However, to the extent such information is relevant to the issues being considered by the Human Services Commission, the absence of such information may bear on the speaker’s credibility and the weight the Human Services Commission affords the speaker’s comments.

23.3.3 Speakers shall address their comments only to the Human Services Commission as a body and not to a particular member.

23.3.4 Members of the public ma y only address the Human Services Commission from the lectern. No member of the public, other than the speaker at the lectern, may address the Human Services Commission, unless called upon by the Chairperson.

23.3.5 No question shall be asked of Commission Members by a speaker, except through the Chairperson. No question shall be asked of a speaker by a ATTACHMENT 8
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Commission Member, except through the Chairperson. Commission Members, the Chairperson, and the speaker are not obligated to answer any questions asked. The Chairperson may refer questions to staff for a brief answer while the speaker is at the lectern.

23.3.6 Speakers shall not use their time to unduly disrupt the orderly conduct of the Human Services Commission’s meeting.

23.3.7 Speakers are encouraged to avoid repetition.

23.3.8 Speakers are encouraged to avoid making personal attacks.

23.3.9 Each speaker shall relinquish t he lectern when his or her time to address the Human Services Commission has expired.

23.3.10 A speaker may use his or her a llotted time to read letters or other documents, play electronic recordings at a non-amplified volume, or otherwise present information to the Human Services Commission in a non-disruptive manner, provided those activities are completed within the allotted time. The city will not provide the means for a speaker to play an electronic recording.

23.3.11 When called upon during citizen’ s forum, speakers may address the Human Services Commission on any item of interest to the public within the Human Services Commission’s subject matter jurisdiction. [54954.3(a)].

23.3.12 When called upon to provide public comment on a specific item of business on the agenda, speakers shall focus their comments on that specific item of business before the Human Services Commission. [54954.3(a); White v.

City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; 78 Ops.Cal.Atty.Gen 224 (1995)].

23.4 Participating Parties Addressi ng the Human Services Commission

Participating parties shall comply with the procedures set forth in Section 23 Citizens’ Rights when addressing the Human Services Commission, except that the participating parties shall each have up to a maximum of 10 minutes to address the Human Services Commission. The Chairperson may set and announce the time limit for each active participant to address the Human Services Commission based upon the same criteria set forth in Section 23.2 Speaker Time Limit.

23.5 Public Criticism

Public criticism of the City’s policies, procedures, programs, or services, or of the acts or omissions of the Human Services Commission, shall not be prohibited.

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and nothing in these rules of procedure are intended to confer any privilege or protection for expression beyond that otherwise provided by law. [54954.3].

23.6 Disruptive Speech and Conduct

Any person unduly disrupting a Human Services Commission meeting may be requested by the Chairperson to leave the meeting. The Chairperson shall discourage demonstrations before the Human Services Commission, such as applauding or booing. Upon instructions by the Chairperson, a Sergeant-at-Arms may be called for the purpose of removing any person who, in the Chairperson’s judgment, has disrupted the meeting. [36813, 38638, 54954.3, 54957.9, Penal Code 403]. When possible, the Chairperson is encouraged to use alternative means, such as direction to speakers to avoid disruption or by taking a recess to review these rules with the speaker, to avoid disruptions to allow the Human Services Commission to complete its business.

23.7 Written Communications – Post Hear ing Notice, and Post Agenda Publication

23.7.1 Submitted after the hearing notice, but before the Agenda Publication.

Any member of the public may submit written comments and materials to the Human Services Commission through the Human Services Commission Liaison.

All written comments and materials must be submitted between the date public hearing notices are published (10 days prior to the meeting) and noon on the day before agenda publication (3 days prior to the meeting). The Human Services Commission Liaison shall deliver all written comments and materials received by 12:00 p.m. the day before agenda publication as part of the agenda packet for the posted agenda.

23.7.2 Submitted Post Agenda Publication.

Any member of the public may submit electronic comments to the Human Services Commission using the electronic submission process the staff liaison specifies and makes available on the City’s website within the timeframe provided on the agenda. Any additional attachments can be submitted directly to the staff liaison. All comments submitted using the staff liaison’s electronic process will be available to the public and the Human Services Commission immediately upon submission. The staff liaison shall post on the City’s website and deliver any additional materials received by 12:00 p.m. the day of the meeting to the Human Services Commission in a supplemental packet prior to the meeting.

Physical copies of written comments and materials, and electronic and physical materials submitted to the Human Services Office before 12:00 p.m. noon on the day of the Human Services Commission meeting, will be included in the supplemental packet. After 12:00 p.m. noon on the day of the Human Services ATTACHMENT 8
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Commission meeting, any member of the public that desires to submit materials to the Human Services Commission for consideration at that meeting is hereby instructed to present 9 copies of the materials to the staff liaison for distribution to the Human Services Commission at its meeting when the item is considered.

23.7.3 Special Meetings and Workshops.

For special meetings and workshops, the staff liaison shall specify the instructions and timeframes for the public to submit comments and materials in the agenda for those meetings.

23.8 Approaching the Human Services Commission

Once a meeting is called to order, no member of the public shall enter the area between the Commission and public seating without an invitation from the Chairperson. Members of the public may enter the area before and after the meeting, and during a recess, for the purpose of interacting with the individual Commission Members and City staff.

24. Human Services Commission Deliberation

Human Services Commission deliberations shall be orderly and guided by the Chairperson to reach a decision on the item before them or to provide the direction sought by staff.

25. Motions

25.1 Making a Motion

A motion may be made by the Chairperson or a Commission Member. Once a motion has been made, the Chairperson will solicit a second. A motion shall die unless it receives a second. If a motion receives a second, the Chairperson shall then invite debate and discussion on the motion and any amendments.

Any Commission Member who makes a motion may withdraw it during debate and discussion, even to the point of interrupting a speaker to do so. If the motion is withdrawn, the Chairperson may ask the person who seconded the motion if the Commission Member wishes to make the motion, subject to another Commission Member’s second.

25.2 Categories of Motions

There are four categories of motions that the Human Services Commission may consider.

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The first category is a basic motion, which is one that puts forward a decision for consideration. For example, a motion to approve City staff’s recommendation.

The second category is a motion to amend an earlier motion. Such an amending motion changes a basic motion under discussion in a minor way but does not supersede it. For example, adding a condition to a basic motion to approve staff’s recommendation. If the maker of the basic motion, and the second, accept the amendment, then the amendment shall be incorporated into the original motion without the need for a second on the amending motion. If an amendment is not accepted into the basic motion by the moving Commission Members, the process for voting on simultaneous motions is then followed.

The third category is a substitute motion. Such a motion completely does away with the basic motion under discussion and puts a new motion before the Human Services Commission. For example, if the basic motion is to approve staff’s recommendation, a substitute motion would propose numerous changes to staff’s recommendation or assembles multiple amending motions into a single motion. If a substitute motion is approved, the initial basic motion does not require action since it was substituted. If a substitute motion fails, the process for voting on simultaneous motions is then followed.

The fourth category is a hostile motion. A hostile motion is one that seeks to accomplish the opposite effect of the basic motion. For example, when a basic motion is to approve a project, a hostile motion is one to deny the project. If a hostile motion is made, the process for voting on simultaneous motions is then followed.

A decision whether a motion is one to amend or substitute is left to the Chairperson's sole discretion. A decision whether a motion is hostile is left to the Chairperson in consultation with the Commission’s Attorney.

25.3 Simultaneous Motions

The Human Services Commission may consider up to three motions on the floor at one time. The Chairperson may reject a fourth motion until the three before the Human Services Commission have been resolved. When two or three motions are before the Human Services Commission, after motions and seconds, the first vote will be on the last motion made. Generally, the discussion when a motion is before the Human Services Commission should focus on the last motion made.

Once the vote on the last motion takes place, if necessary, discussion and decision on additional motions will take place in order.

However, a hostile motion shall not be in the floor at the same time as the motion it challenges. A hostile motion shall be considered after a vote on the basic motion and its amendments, that it challenges.

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25.4 Debatable and Non-debatable Motions

Debatable motions are subject to Commission Member comment and discussion before calling for a vote. Non-debatable motions are not subject to Commission Member comment and discussion and are to be voted on immediately.

25.4.1 Debatable Motions

Debatable motions are motions to take action on agenda items and other items of City business. For the purpose of these rules of procedure, all motions are debatable except those expressly identified in subsection 25.4.2 Non-Debatable Motions. Debate on a motion should continue as long as Commission Members wish to discuss an item, subject to the Chairperson’s decision that it is time to move on and take action.

25.4.2 Non-Debatable Motions

Non-debatable motions are procedural and terminating motions. Certain motions once made immediately stop the Commission’s deliberations and, upon receipt of a second, should be voted on immediately. The Commission’s non-debatable motions are as follows:

a. Motion to Adjourn. If passed, a motion to adjourn requires the Human Services Commission to immediately adjourn to its next regularly scheduled meeting.

b. Motion to Recess. If passed, a motion to recess requires the Human Services Commission to immediately take a recess, the length of which the Chairperson will determine. The Chairperson may order a recess without a motion, and without adjourning the meeting, as the Chairperson determines necessary to maintain decorum and conduct the meeting in an orderly fashion.

c. Motion to Fix the Time to Adjourn. If passed, a motion to fix the time to adjourn the meeting requires the Human Services Commission to adjourn at a specific time set in the motion.

d. Motion to Table an Item. If passed, a motion to table an item postpones an item indefinitely or to a date and time certain set in the motion. If the motion does not contain a specific time, an additional motion is required to bring the item back to the Human Services Commission at a future meeting.

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scheduling problem arises. If passed, the motion continues the item indefinitely or to the date and time set in the motion. If the motion does not contain a specific time, an additional motion is required to bring the item back to the Human Services Commission at a future meeting.

f. Motion to Call the Question. A motion to call the question, also known as moving the previous question or limiting debate, stops further Human Services Commission deliberation, debate, and discussion on an item. It can be stated as stopping debate or discussion within a certain period of time, such as 15 minutes. If seconded, the Chairperson shall then call for a vote on the motion or motions pending before the Human Services as provided for in Section 10(g) Motion to Be Stated.

25.5 Miscellaneous Motions and Appeals

25.5.1 Motion to Reconsider

A motion to reconsider any action taken by the Human Services Commission may be made as follows: (1) The motion must be made by a Commission Member that voted along with majority that voted for the original motion that passed, although the motion for reconsideration may be seconded by any Commission Member; (2) The motion must be made either at the meeting at which the action to be reconsidered was taken, or, at the next regular meeting, provided appropriate due process is afforded to any participating parties; (3) The motion is debatable; and (4) If any participating party has left the meeting, or if the motion comes at a subsequent meeting, the ultimate decision to be reconsidered must take place at a subsequent meeting.

25.5.2 Commission Member Appeal

Any Commission Member may appeal any ruling by the Chairperson. If a Commission Member so moves and the motion is seconded, after debate, the ruling of the Chairperson may be reversed by majority vote. If an appeal is taken, the question shall be, “Shall the decision of the Chair be sustained?”

26. Action and Direction

26.1 Votes, General Rules

Unless otherwise provided, the Human Services Commission’s actions must be passed pursuant to a majority vote on a motion, and the motion may not be considered unless it is seconded. A simple majority vote by those Commission Members present is necessary to pass a motion providing direction to staff or establishing administrative policy.

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Any Commission Member may, before the “Nays” are called for, demand that a roll call vote be taken on the motion before the Commission. The Chairperson’s name shall be called last with other Commission Members’ names called in alphabetical order by the staff liaison. Commission Members shall not give explanations for their vote during roll call.

If a motion does not receive the necessary majority vote for passage, the Chairperson may solicit additional discussion and another motion for further deliberation and voting. If further discussion and deliberation does not result in a motion receiving a majority vote necessary to pass a motion, the Chairperson may declare that “no action has been taken” and proceed with the remainder of the agenda. In the event of a tie vote, the procedures in section 26.2 Tie Votes, shall control.

If a Commission Member is present at the meeting but abstains from voting on a motion or is silent during the vote on the motion, then the rules in section 26.3 Abstentions and Silence shall govern how the Commission Member’s silence or abstention is tabulated.

26.2 Tie Votes

Generally, a motion fails if there is a tie vote. After a tie vote, the Chairperson may solicit additional discussion and another motion in an attempt to break the tie. If the tie vote occurs during a Commission Member absence, and the absent Commission Member does not have a conflict of interest related to the item being voted on, the Human Services Commission may continue the item to a subsequent meeting when the absent Commission Member is expected to be present in an effort to resolve the tie. If the tie vote is not resolved, the motion shall fail, and the Chairperson may declare that “no action has been taken” and proceed with the remainder of the agenda. However, if a decision is legally compelled under state law (such as the Permit Streamlining Act), the tie vote shall constitute a denial of the application, project before the Human Services Commission and an appeal could be submitted for final decision by the City Council.

26.3 Abstentions and Silence

The City Council discourages abstentions since abstentions without legal conflict may impede the Human Services Commission’s actions, for example by causing a tie vote. Abstentions also deprive Livermore residents of one vote of nine and may diminish accountability of Commission Members on items of legitimate concern. At the same time, it is not the City Council’s intention to impede any individual Commission Member’s right to choose not to speak or vote on an item.

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first called for consideration and must not participate in the consideration of the item, in which case the minutes will reflect that the Commission Member abstained from the vote.

If the Commission Member does not announce an abstention when the item of business is first called for consideration, or the Commission Member participates in the consideration of the item, and the Commission Member’s abstains during the vote, then that Commission Member’s vote shall be tabulated in favor of the motion.

Silence of any Commission Member shall be tabulated along with the majority of the votes cast by the Commission Members present and voting on the motion since the silent Commission Member is conceding to the majority’s wishes.

This rule is intended to expressly modify Rosenberg’s Rules of Order, Revised 2011 for counting votes with regard to abstentions and silence by a Commission Member.

26.4 Protests

Any Commission Member shall have the right to enter into public record reasons for dissent or protests against any motion carried by the majority.

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CITY OF LIVERMORE

LIBRARY BOARD OF TRUSTEES

RULES OF PROCEDURE
Prepared by the City Clerk’s Office
April 2022September 2010
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LIBRARY BOARD OF TRUSTEES

RULES OF PROCEDURE

1. Duties and Responsibilities – The Libr ary Board of Trustees shall have the following duties and responsibilities:

a. A. Carry out all duties, including preparation of an annual report, as required by the California Education Code.

b. B. Serve as advocates for the library, within the community and the state.

c. C. Know the programs and needs of the library in relation to the community and keep abreast of standards and library trends, assist the librarian in planning the library program, and support the librarian and staff in carrying out said programs.

d. D. Assist in establishing financial support for library programs.

e. E. Assist in the preparation of the annual budget.

f. F. Know local and state laws and actively support library legislation in the state and nation.

g. G. Assist in establishing library policies dealing with the library collection.

h. H. Support the goals and priorities adopted by the City Council.

2. Members – The Library Boar d of Trustees shall consist of five members, all of whom shall be residents of the City of Livermore.

3. Term limits – Library Boar d of Trustees members shall serve no more than three consecutive three-year terms or a total of nine years unless the member was selected to complete an unexpired term or unless otherwise noted.

Time served in an unexpired term shall not count against the nine-year maximum limit. Board members who have already completed nine years of service or other specified maximum terms are not eligible for appointment to an unexpired term.

However, members may be appointed back to the Library Board after a break in service of two years.

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4. Attendance Policy – Library Board of Trustees members may miss three meetings per calendar year. A member who misses more than three meetings per year may be subject to removal from the Board. The staff liaison will document all absences and report to the City Clerk when a member of the Board has exceeded the allowed number of absences. The City Clerk will notify the City Council with a memo explaining the circumstances of the absences and the City Council will determine if an agenda item is needed to consider whether removal from the Board is appropriate. The member will have the opportunity to speak at a City Council meeting when removal is under consideration. The final decision to remove a member from the Board rests solely with the City Council.The Board may request that the City Council remove from the Board any members who miss more than three meetings per year. The member may appeal the request for the removal to the City Council. The final decision to remove a member from the Board rests solely with the City Council.

5. Elections and Officers – The Library Boar d of Trustees shall elect a chairperson and a vice chairperson at the first meeting held after January 1 st of each year.

Election of the officers shall be by majority vote of the Board. The role of the officers shall be as follows:

a. A. Chairperson – The Chairperson shall preside at all regular meetings and may call special meetings. The Chairperson shall decide upon all points of order and procedure during the meeting.

b. B. Vice Chairperson - The Vice Chairperson shall assume all duties of the Chairperson in the absence or disability of the Chairperson.

c. C. Presiding Officer – In the absence of the Chairperson or Vice Chairperson, the members present shall select a Presiding Officer.

6. Meetings – The Library Board of Trustees shall meet on the fourth Thursday of each month at 7:00 p.m. in the Community LibraryWilliam H. Mendenhall Community Room, 1188 South Livermore Avenue1016 S. Livermore Avenue, Livermore, CA. The body shall adopt an annual meeting calendar listing all regular meetings for the calendar year. The calendar shall be published on the City's website. Meetings shall begin promptly as noticed to this provision. All meetings shall be open to the public. The Board may not meet in closed session.

Board members may not participate in a meeting remotely, via teleconference or videoconference.

7. Agenda Preparati on and Posting – The staff liaison shall post the notices and agendas for each Library Board meeting in the kiosk in front of City Hall, the Kiosk in front of the Civic Center Meeting Hall, and on the City’s website.

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a. Regular Meetings

Agendas shall be prepared in accordance with the requirements of the Brown Act and shall be posted in a location that is freely accessible to members of the public at least 72 hours in advance of a regular meeting. The agenda shall specify the time and location of the meeting and contain a brief description of each item of business to be transacted or discussed at the meeting. [54954.2]

b. Special Meetings and Workshops

Notice of the call for a special meeting must be delivered and received by each Board member and the media at least 24 hours before the special meeting and must be posted at least 24 hours before the special meeting date. The agenda shall specify the time and location of the meeting, contain a brief description of each item of business to be transacted or discussed at the meeting, and state who called the special meeting. [54956]. Agendas for special meetings shall be prepared and posted in accordance with the requirements of the Brown Act.

8. Minutes of Proceedings – An account of all proceedings of the Library Board of Trustees shall be prepared by the staff liaison and approved by the Board. The staff liaison with input from the City Clerk, and consistent with the uniform format provided by the City Clerk, shall determine the preferred software/recording device used to capture the minutes for their advisory body meetings. Minutes shall be provided for Board consideration and approval as action minutes.

9. Quorum – Three members constitute a quor um of the Library Board of Trustees.

A quorum of the members must be present to conduct any business. In the absence of a quorum at a meeting, the meeting must be adjourned. The matters listed on the agenda shall be taken up at the next regularly scheduled meeting of the Board or scheduled for a special meeting if deemed necessary. A meeting may also be declared adjourned in advance, if absence notifications received by staff create a lack of a quorum. Cancellations of meetings must comply with the requirements of the Brown Act.

10. Conduct at Meetings

a. A. All meetings shall be held in accordance with City policies and the Brown Act Open Meeting Laws (Government Code, Sections 54950 and following). Only items listed on the agenda may be considered by the Library Board of Trustees.

b. B. General Conduct of Meetings – Points of order shall be settled by the Chairperson. Points of order shall comply with the Brown Act, Rosenberg’s Rules of Order, Revised 2011Robert’s Rules of Order, Library Board of Trustees Rules of Procedure and City policies. The ATTACHMENT 9
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Chairperson will consult with staff as necessary. Unresolved issues shall be referred to the City Attorney and continued to a future meeting. Any member desiring to speak must first be recognized by the Chairperson and shall confine any remarks to the subject under consideration.

c. C. Voting on Items – Voting on items shall be in accordance with Rosenberg’s Rules of Order, Revised 2011Robert’s Rules of Order and Parliamentary Procedures. The Library Board of Trustees shall not take a sealed ballot vote in open session.

d. Call to Order - The Chairperson s hall call the meeting to order at the appointed time. If both the Chairperson and the Vice Chairperson are absent, then the staff liaison shall call the meeting to order and the Board Members present shall then select a presiding officer for that meeting.

e. Preservation of Order - The Chair person shall preserve strict order and decorum, and shall discourage personal, verbal attacks on Board Members, staff, and/or citizens, but shall not prohibit criticisms of the policies, procedures, programs, or services of the City, or of the acts or omissions of the Library Board or members of the City staff. The Chairperson shall confine debate to the item under discussion. [36813, 38638, 54954.3, 54957.9].

f. Reordering of Agenda - The Chairperson may reorder the items on the agenda for a noticed meeting to accommodate members of the public who wish to speak on an agenda item that would otherwise be considered by the Library Board later in the meeting. The Chairperson shall announce the reorder prior to calling members of the public to speak during citizens forum.

g. Motion to be Stated - The Chairpers on shall state all motions submitted for a vote by the Library Board and announce the result of the vote and identify the no votes and any Board Members that abstained or recused themselves from the vote. No action shall be taken by secret ballot, but electronic tabulation may be used to record, and report roll call votes. [54953(b)(2) and (c)(2)].

11. Citizens’ Forum/Public Comments

Every agenda shall provide the opportunity for members of the public to address the Library Board of Trustees on subjects which are not listed on the agenda and are within the subject matter jurisdiction of the Board. The Chairperson may establish time limits per individual speaker. The Board shall not discuss nor take action on subjects raised under Citizens’ Forum/Public Comments; but the ATTACHMENT 9
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Chairperson, with the concurrence of a majority of the Board, may direct staff to place subjects raised under Citizens’ Forum/Public Comments on a future Board agenda.

12. Subcommittees

The Library Board of Trustees may create standing subcommittees (those with ongoing subject-matter jurisdiction and regularly scheduled meetings). Such subcommittees shall be subject to all City policies and the requirements of the Brown Act.

13. Staff Support

The head of the department that is responsible for supporting the Library Board of Trustees shall designate one or more employees to serve as staff liaison to the Board. The Staff Liaison shall prepare and post the agenda, take and maintain meeting minutes, prepare other documents as directed by the Chairperson in accordance with City Council Goals and Priorities or in accordance with direction from the City Manager or City Manager’s designee, and generally assist the Board in performing its duties. The Staff Liaison shall have no voting authority.

Board Members must work with their assigned staff liaison and the liaison’s Department Head to obtain the City Council’s approval before beginning any self- initiated project that will require more than 8 hours of staff time to complete that year. However, the Board may pursue self-initiated projects that can be accomplished utilizing the city resources currently allocated to the particular advisory body and that do not take resources away from that advisory body’s anticipated work to fulfill its duties and responsibilities to the City Council.

14. Rules of Parliamentary Procedure

The City Council has adopted Rosenberg’s Rules of Order, Revised 2011, as its rules of parliamentary procedure for the City Council and all Boards and Commissions. In the event of a conflict between Rosenberg’s Rules of Order and these rules of procedure, these rules of procedure shall control.

15. Types of Meetings

15.1 Regular Meetings

The Library Board shall meet in the William H. Mendenhall Community Room for all regular Board meetings. The regular meetings shall begin on the fourth Thursday of each month at 7:00 p.m., unless otherwise specified by posted notice. If the meeting date falls on a legal holiday, the Library Board shall meet at a date and time designated by the Board.

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15.2 Special Meetings

Special meetings may be called by the Board Chair, the Board liaison or by a majority of Board members. The call and notice for a special meeting must specify the items to be considered and the date, time, and location for the meeting. [36807, 54956(a)].

The Library Board may take final action at a special meeting that is not a workshop.

15.3 Special Meeting Workshops

The Library Board may meet informally in special meetings designated as workshops that are called by the Chairperson, the Board liaison, or by a majority of Board Members. Workshops are special meetings intended for training purposes such as ethics training, sexual harassment prevention and education, and specific technical subjects.

Workshops are open to the public and are meetings for purposes of the Brown Act. The Library Board may provide direction, but unlike other special meetings the Library Board may not take a final action at a workshop. [54956].

15.4 Adjourned Meetings, and Ad journed Regular Meetings

Any meeting of the Library Board may be adjourned to a later date, time, and location, and the notice of adjournment shall be posted within 24 hours on or near the door of the place where the adjourned meeting was held. However, if the adjourned meeting is to reconvene less than 24 hours after adjournment, then a copy of the order or notice of the continuance shall be posted immediately following the meeting. [36809, 54955].

The Chairperson, Board liaison, or majority of Board Members may call for an adjourned regular meeting in consultation with the City Attorney to conduct a regular meeting on a date other than on a regular meeting date on the Library Board’s annual calendar. [54955]

16. Actions Limited to Posted Agendas

The Library Board shall not discuss or take action on any item not appearing on the posted notice or agenda for that meeting. However, as permitted by the Brown Act, Board Members and staff may briefly respond to statements made or questions posed by the Library Board or by members of the public addressing the Library Board. Board Members may ask a question of City staff or a speaker for clarification, make a brief announcement, or make a brief report on their own activities.

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17. Continuance of Agenda Items

Items listed on a posted agenda should not be continued or postponed absent good cause.

17.1 Discovery of Good Cause Be fore an Item is Considered

If good cause to continue an item is discovered by City staff after a notice or agenda is posted but before the meeting commences, then after calling the meeting to order the Chair shall identify the item and announce that is has been continued.

17.2 Good Cause to Continue During Consideration

Once an item has been taken up for consideration, City staff, a Board Member, or a participating party as defined in Section 21.4.4 Participating Parties may request a continuance of the item. The item may only be continued following a majority vote of the Board Members present.

17.3 Public Comment for a Continued Item

If the opportunity for the public to address the Library Board has concluded and the item was returned to the Library Board for deliberation before it was continued, then the opportunity for public comment on the item will not be reopened absent a motion by the Library Board. [54955].

18. Consideration of it ems after 11:00 p.m.

18.1 Canvass and Reorder

At 10:30 p.m., or as soon thereafter as practical, the Chairperson shall canvass staff and Board Members present to identify the remaining agenda items for consideration. The Chairperson will then identify what items will be considered or continued, and in what order. Once the Chairperson outlines the balance of the agenda, it may not be amended absent an appeal by a Board Member.

18.2. No New Items Considered after 11:00 p.m.

Generally, the Library Board will not begin consideration of any items on an agenda after 11:00 p.m., but may complete their consideration of an item that was commenced prior to 11:00 p.m.

18.3 Exceptions

The Library Board may commence consideration of an item after 11:00 p.m. under the following circumstances:

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a. An item is subject to a legal deadli ne, such as a project application subject to the Permit Streamlining Act; or,

b. The Library Board votes to allow consideration of the item after 11:00 p.m.

19. Points of Order, Privilege, and Personal Privilege

A Board Member may ask for a point of order, at which time the Chairperson will ask for an explanation. Appropriate points of order relate to matters that a Board Member considers inappropriate conduct for the meeting, such as the failure to observe these Rules of Procedure or the rules of parliamentary procedure.

A Board Member may seek a point of privilege. If so, the Chairperson shall ask for an explanation of the Board Member’s point. Points of privilege generally relate to matters that interfere with a normal flow or comfort of the Library Board’s meeting, such as the inability to hear testimony because of disruption.

A Board Member may ask for a point of personal privilege when the integrity, character, or motives of the Board Member are called into question by a speaker; or where the welfare of the Library Board is concerned.

If a speaker is interrupted by a point of order, privilege, or personal privilege, the remainder of a speaker’s time will be preserved by the staff liaison until the point is resolved.

20. Minutes - An account of all final acti ons or recommendations of the Library Board shall be prepared by the staff liaison and approved by the Board. The staff liaison with input from the City Clerk, and consistent with the uniform format provided by the City Clerk, shall determine the preferred software/recording device used to capture the minutes for their advisory body meetings. Minutes shall be provided for Board consideration and approval as action minutes

20.1 Approval

The minutes for a Library Board meeting shall be reviewed and approved as set forth in this section.

a. The Library Board shall approve minut es for a regular meeting, special meeting, and special meeting workshops.

b. A Library Board Member may not approve the minutes for any meeting that the Board Member did not attend.

Also, a Library Board Member may not approve the minutes for a meeting that they were not eligible to attend as a Board Member.

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c. If no Board Members are eligib le to approve the minutes for a Library Board meeting, then the staff liaison shall attest to the accuracy of the meeting minutes and enter them into official minute books.

20.2 Preferred Method of Recordation and Minutes

Library Board liaisons shall take an audio recording of each meeting and keep them in accordance with the City’s Records Retention Schedule. Minutes of Library Board meetings shall be action minutes that capture the action taken by the Library Board and the outcome of each agenda item.

20.3 Staff Attendance & Development of Agenda - Sta ff attendance and agenda development will be determined by the staff liaison for the advisory body.

21. Order of Business – Regular Meetings

The usual order of business for regular meetings shall be as follows:

21.1. Call to Order

This portion of the agenda is for roll call and the pledge of allegiance.

21.2. Citizens Forum

This portion of the agenda is for any member of the public to address the Library Board on any item of interest to the public that is within the Library Board’s subject matter jurisdiction. However, to prepare and preserve a proper administrative record, public comments concerning an item listed elsewhere on the agenda should be reserved and addressed to the Library Board when that item is called for consideration.

Citizen’s forum shall be limited to 30 minutes, usually before the consent calendar. If there are additional members of the public who wish to speak at the conclusion of the 30-minute time period, then the Chair shall reconvene the citizens forum at the conclusion of the matters for consideration portion of the agenda unless the Chair announces that citizens forum is reordered to a different place on the agenda.

The procedures for public comments during the citizens forum are set forth in Section 23 Citizens’ Rights.

21.3. Consent Calendar

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calendar include the approval of minutes. Any Library Board Member may pull an item for separate discussion. Members of the public may address the Library Board on consent calendar items by following the procedures set forth in Section 23 Citizens’ Rights.

The items on the consent calendar are generally approved by the Library Board by a single motion, but separate motions may be appropriate to accommodate a conflict of interest, an absence, or other Board Member interests.

21.4. Matters for Consideration

This portion of the agenda is for items of business that require Library Board action, direction, or receipt of reports that do not also require a public hearing.

The procedures for this portion of the agenda follow the following procedure:

21.4.1 Introduction

The Chairperson shall call each item for hearing and consideration. If there are public hearing items, the Chairperson has the discretion to concurrently call the items for hearing and consideration.

21.4.2 Staff Presentation

A member of City staff will then:

a. Introduce themselves and the item by identifying the report and other written material included in the agenda packet for the Library Board’s consideration, as well as any written comments received from the public.

b. Identify any supplemental written ma terials that have been provided to the Library Board for consideration, which were received or prepared for the item after the meeting agenda was published.

c. Identify any other staff members or consultants that will be part of the staff presentation or are otherwise present and available for the Library Board questions.

d. State whether the applic ant is present and whether the applicant intends to make a presentation to the Library Board.

e. Make an oral report, unless waived by the Library Board.

21.4.3 Library Board Questions or Comments

Following the staff presentation, the Board Members may ask questions of City staff and consultants or make comments on the item.

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21.4.4 Participating Parties

Following Board Member questions and comments after the staff presentation, the applicant, appellant, and other named participant in the item that is party to an agenda item (collectively “participating parties”) may address the Board. After the Chair determines that no other participating parties wish to address the Library Board on the hearing item, the Chairperson will then invite Board Member questions or comments of the participating parties and staff concerning the item.

Participating parties shall address the Library Board following the procedures set forth in Section 23 Citizens’ Rights.

21.4.5 Opportunity for Public Comment

The purpose of the public hearing is to provide members of the public with an opportunity to address the Library Board concerning the item, as well as to express their support or opposition of the item. The Chairperson will formally announce the opening of the public comment period and invite members of the public to address the Library Board on the item. Public speakers shall address the Library Board following the procedures set forth in Section 23 Citizens’ Rights.

After the Chairperson determines that no other member of the public wishes to address the Library Board on the hearing item, the Chairperson will formally close the public comment period and return the item to the Library Board for deliberation.

21.4.6 Deliberation

Once an item of business returns to the Library Board for deliberation, the Chairperson will invite the Board Members to discuss the item to develop concurrence for a motion. Board Members may ask questions of staff and the participating parties as part of their deliberations.

21.4.7. Library Board Action

After Library Board deliberation, the Chairperson shall call for a motion and a second as set forth in Section 25 Motions, and the Library Board may make such motions as set forth in that section.

If the motion seconded for consideration is substantially different than the recommended action in the published staff report, the Chairperson may invite public comments on the motion. Each speaker will be limited to one minute to comment on the motion; and the Library Board has discretion to decide not to hear further comment if they choose. Public speakers shall address the Library Board following the procedures set forth in Section 23 Citizens’ Rights.

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Prior to deliberating on matters for consideration, the Library Board shall receive public comment as provided for in Section 23 Citizens’ Rights. After receiving public comment, the Library Board shall deliberate and shall receive the report, take action, or provide direction as set forth in Section 25 Motions.

21.5 Reports and Matters Initiated

This portion of the agenda is for:

a. Each member of the Library Board to provide brief reports on any conferences, training, community meetings, or other events of interest to the community that the Board Member attended at the City’s expense [53232.2(d)].

b. The city staff to provide information of community interest to the Library Board and to seek direction from the Library Board concerning items to be included on future agendas.

c. The Library Board to provide guidance and direction to staff concerning items to be included on future agendas and information to be provided in response to questions raised during citizens forum.

d. The Library Board to request staff to provide information, perform studies, or undertake other administrative functions or to develop information for Board action at a future meeting. If the requested action cannot be accomplished within the approved budget or if it will involve substantial staff resources, approval of resources would need to be provided from the City Council prior to staff completing the work.

Members of the public do not have the right to address the Library Board during this portion of the agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa Barbara Bd. of Supervisors, (2005) 129 Cal.App.4th 205].

21.6 Adjournment

This portion of the agenda is for the Chairperson to adjourn the Library Board meeting to its next meeting. The meeting may be adjourned to a regular meeting, special meeting, special meeting workshop, adjourned regular meeting, or adjourned special meeting.

Adjournment at any other point in the meeting requires a formal motion by the Library Board.

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22. Order of Business – Special Meetings and Workshops

No matters except those specified in the notice and agenda for a special meeting or special meeting workshop may be discussed at those meetings.

The usual order of business for special meetings and workshops shall be as follows:

22.1. Call to Order

This portion of the agenda is the same as it is for a regular meeting.

22.2. Public Comment

The purpose of this portion of the agenda is to provide the public with the opportunity to address the Library Board on only those items listed in the posted notice and agenda for the special meeting or workshop.

Public speakers shall address the Library Board following the procedures set forth in Section 23 Citizens’ Rights.

However, unlike a regular meeting, the agenda for a special meeting will not include a citizens’ forum or opportunity for the public to address the Library Board on any item of interest to the public that is within the Library Board’s subject matter jurisdiction, unless that opportunity is expressly included in the agenda.

22.3 Special Meeting Item and Workshop Item

Generally, the procedures for this portion of the agenda follow the procedures in Section 21.4.1 Introduction, 21.4.2 Staff Presentation, 21.4.3 Questions and Comments, and 21.4.6 Deliberations. The Library Board may take a final action at a special meeting, but not at a workshop, as set forth in Section 15.2 Special Meetings and Section 15.3 Special Meeting Workshops

22.4 Adjournment

This portion of the agenda is the same as it is for a regular meeting.

23. Citizens’ Rights

A Library Board meeting is a limited public forum. [78 Ops.Cal.Atty.Gen. 224 (1995); Kindt v. Santa Monica Rent Control Bd. (9th Cir. 1995) 67 F.3d 266; White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; Leventhal v. Vista Unified School District (SD Cal. 1997) 973 F.Supp. 951]. Members of the public have the right to address the Library Board and to attend its meetings. During the ATTACHMENT 9
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citizens forum portion of a regular meeting agenda, members of the public have a right to address the Library Board on any item of interest to the public that is within the Library Board’s subject matter jurisdiction. Members of the public also have the right to address the Library Board before the Library Board considers or takes action on an item on any regular meeting agenda, except for items properly listed or considered in the Call to Order, Library Board Reports and Matters Initiated, and the Adjournment portions of the agenda. Members of the public shall be provided an opportunity to address the Library Board concerning any item that is described in the notice for special meeting workshops and special meetings. [54954.3].

The procedures for addressing public comments to the Library Board are as follows:

23.1 Addressing the Library Board

Members of the public that want to address the Library Board during citizens forum or before the Library Board considers or takes action on an item must indicate their desire by personally submitting a request to speak to the staff liaison, or his or her designee, using the methods specified by the staff liaison in the agenda for that meeting. A member of the public may not submit a request to speak on behalf of any other person. The methods for addressing the Library Board will be described at each meeting. The staff liaison will prominently display the methods to address the Library Board in the William H. Mendenhall Community Room.

Before an item is considered by the Library Board, the staff liaison shall identify or provide a list of the speakers to the presiding officer in the order that they are received for each agenda item. Generally, once the Library Board begins its consideration of an item, no additional requests to speak will be accepted absent invitation by the presiding officer.

The purpose of submitting a request to speak is to help the presiding officer conduct the Library Board’s meetings and to complete its business in an orderly fashion. The intent is not to limit testimony. Therefore, a member of the public will not be denied an opportunity to speak if a request to speak lacks information or because a speaker wants to remain anonymous.

Speakers who have not submitted a request to speak on time may be heard by the presiding officer’s recognition or by another Library Board Member’s successful appeal. [White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421].

23.2 Speaker Time Limit

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specify the method to request, and the speaker time limits, for citizens addressing the advisory body, but the advisory body must then administer them uniformly.

23.3 Members of the Public A ddressing the Library Board

23.3.1 A list of people who have requested to speak shall be used to call each speaker to address the Library Board. When calling a speaker to the lectern the next two speakers will also be identified so, they are prepared to address the Library Board when called.

23.3.2 The Chairperson may request each speaker to state his or her name and city of residence before addressing the Library Board. A speaker is not required to provide his or her name or address to address the Library Board.

However, to the extent such information is relevant to the issues being considered by the Library Board, the absence of such information may bear on the speaker’s credibility and the weight the Library Board affords the speaker’s comments.

23.3.3 Speakers shall address their comments only to the Library Board as a body and not to a particular member.

23.3.4 Members of the public may onl y address the Library Board from the lectern. No member of the public, other than the speaker at the lectern, may address the Library Board, unless called upon by the Chairperson.

23.3.5 No question shall be asked of Board Members by a speaker, except through the Chairperson. No question shall be asked of a speaker by a Board Member, except through the Chairperson. Board Members, the Chairperson, and the speaker are not obligated to answer any questions asked.

The Chairperson may refer questions to staff for a brief answer while the speaker is at the lectern.

23.3.6 Speakers shall not use their time to unduly disrupt the orderly conduct of the Library Board’s meeting.

23.3.7 Speakers are encouraged to avoid repetition.

23.3.8 Speakers are encouraged to avoid making personal attacks.

23.3.9 Each speaker shall relinquish t he lectern when his or her time to address the Library Board has expired.

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those activities are completed within the allotted time. The city will not provide the means for a speaker to play an electronic recording.

23.3.11 When called upon during citizen’ s forum, speakers may address the Library Board on any item of interest to the public within the Library Board’s subject matter jurisdiction. [54954.3(a)].

23.3.12 When called upon to provide public comment on a specific item of business on the agenda, speakers shall focus their comments on that specific item of business before the Library Board. [54954.3(a); White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; 78 Ops.Cal.Atty.Gen 224 (1995)].

23.4 Participating Parties A ddressing the Library Board

Participating parties shall comply with the procedures set forth in Section 23 Citizens’ Rights when addressing the Library Board, except that the participating parties shall each have up to a maximum of 10 minutes to address the Library Board. The Chairperson may set and announce the time limit for each active participant to address the Library Board based upon the same criteria set forth in Section 23.2 Speaker Time Limit.

23.5 Public Criticism

Public criticism of the City’s policies, procedures, programs, or services, or of the acts or omissions of the Library Board, shall not be prohibited. However, the rights of each speaker to express his or her views is not absolute and nothing in these rules of procedure are intended to confer any privilege or protection for expression beyond that otherwise provided by law. [54954.3].

23.6 Disruptive Speech and Conduct

Any person unduly disrupting a Library Board meeting may be requested by the Chairperson to leave the meeting. The Chairperson shall discourage demonstrations before the Library Board, such as applauding or booing. Upon instructions by the Chairperson, a Sergeant-at-Arms may be called for the purpose of removing any person who, in the Chairperson’s judgment, has disrupted the meeting. [36813, 38638, 54954.3, 54957.9, Penal Code 403].

When possible, the Chairperson is encouraged to use alternative means, such as direction to speakers to avoid disruption or by taking a recess to review these rules with the speaker, to avoid disruptions to allow the Library Board to complete its business.

23.7 Written Communications – Post Hear ing Notice, and Post Agenda Publication

23.7.1 Submitted after the hearing notice, but before the Agenda Publication.

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Any member of the public may submit written comments and materials to the Library Board through the Library Board Liaison. All written comments and materials must be submitted between the date public hearing notices are published (10 days prior to the meeting) and noon on the day before agenda publication (3 days prior to the meeting). The Library Board Liaison shall deliver all written comments and materials received by 12:00 p.m. the day before agenda publication as part of the agenda packet for the posted agenda.

23.7.2 Submitted Post Agenda Publication.

Any member of the public may submit electronic comments to the Library Board using the electronic submission process the staff liaison specifies and makes available on the City’s website within the timeframe provided on the agenda. Any additional attachments can be submitted directly to the staff liaison. All comments submitted using the staff liaison’s electronic process will be available to the public and the Library Board immediately upon submission. The staff liaison shall post on the City’s website and deliver any additional materials received by 12:00 p.m. the day of the meeting to the Library Board in a supplemental packet prior to the meeting.

Physical copies of written comments and materials, and electronic and physical materials submitted to the Library Board before 12:00 p.m. noon on the day of the Library Board meeting, will be included in the supplemental packet. After 12:00 p.m. noon on the day of the Library Board meeting, any member of the public that desires to submit materials to the Library Board for consideration at that meeting is hereby instructed to present 8 copies of the materials to the staff liaison for distribution to the Library Board at its meeting when the item is considered.

23.7.3 Special Meetings and Workshops.

For special meetings and workshops, the staff liaison shall specify the instructions and timeframes for the public to submit comments and materials in the agenda for those meetings.

23.8 Approaching the Library Board

Once a meeting is called to order, no member of the public shall enter the area between the Board and public seating without an invitation from the Chairperson.

Members of the public may enter the area before and after the meeting, and during a recess, for the purpose of interacting with the individual Board Members and City staff.

24. Library Board Deliberation

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Library Board deliberations shall be orderly and guided by the Chairperson to reach a decision on the item before them or to provide the direction sought by staff.

25. Motions

25.1 Making a Motion

A motion may be made by the Chairperson or a Board Member. Once a motion has been made, the Chairperson will solicit a second. A motion shall die unless it receives a second. If a motion receives a second, the Chairperson shall then invite debate and discussion on the motion and any amendments.

Any Board Member who makes a motion may withdraw it during debate and discussion, even to the point of interrupting a speaker to do so. If the motion is withdrawn, the Chairperson may ask the person who seconded the motion if the Board Member wishes to make the motion, subject to another Board Member’s second.

25.2 Categories of Motions

There are four categories of motions that the Library Board may consider.

The first category is a basic motion, which is one that puts forward a decision for consideration. For example, a motion to approve City staff’s recommendation.

The second category is a motion to amend an earlier motion. Such an amending motion changes a basic motion under discussion in a minor way but does not supersede it. For example, adding a condition to a basic motion to approve staff’s recommendation. If the maker of the basic motion, and the second, accept the amendment, then the amendment shall be incorporated into the original motion without the need for a second on the amending motion. If an amendment is not accepted into the basic motion by the moving Board Members, the process for voting on simultaneous motions is then followed.

The third category is a substitute motion. Such a motion completely does away with the basic motion under discussion and puts a new motion before the Library Board. For example, if the basic motion is to approve staff’s recommendation, a substitute motion would propose numerous changes to staff’s recommendation or assembles multiple amending motions into a single motion. If a substitute motion is approved, the initial basic motion does not require action since it was substituted. If a substitute motion fails, the process for voting on simultaneous motions is then followed.

The fourth category is a hostile motion. A hostile motion is one that seeks to accomplish the opposite effect of the basic motion. For example, when a basic ATTACHMENT 9
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motion is to approve a project, a hostile motion is one to deny the project. If a hostile motion is made, the process for voting on simultaneous motions is then followed.

25.3 Simultaneous Motions

The Library Board may consider up to three motions on the floor at one time. The Chairperson may reject a fourth motion until the three before the Library Board have been resolved. When two or three motions are before the Library Board, after motions and seconds, the first vote will be on the last motion made.

Generally, the discussion when a motion is before the Library Board should focus on the last motion made. Once the vote on the last motion takes place, if necessary, discussion and decision on additional motions will take place in order.

25.4 Debatable and Non-debatable Motions

Debatable motions are subject to Board Member comment and discussion before calling for a vote. Non-debatable motions are not subject to Board Member comment and discussion and are to be voted on immediately.

25.4.1 Debatable Motions

Debatable motions are motions to take action on agenda items and other items of City business. For the purpose of these rules of procedure, all motions are debatable except those expressly identified in subsection 25.4.2 Non-Debatable Motions. Debate on a motion should continue as long as Board Members wish to discuss an item, subject to the Chairperson’s decision that it is time to move on and take action.

25.4.2 Non-Debatable Motions

Non-debatable motions are procedural and terminating motions. Certain motions once made immediately stop the Board’s deliberations and, upon receipt of a second, should be voted on immediately. The Board’s non-debatable motions are as follows:

a. Motion to Adjourn. If passed, a motion to adjourn requires the Library Board to immediately adjourn to its next regularly scheduled meeting.

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b. Motion to Recess. If passed, a motion to recess requires the Library Board to immediately take a recess, the length of which the Chairperson will determine. The Chairperson may order a recess without a motion, and without adjourning the meeting, as the Chairperson determines necessary to maintain decorum and conduct the meeting in an orderly fashion.

c. Motion to Fix the Time to Adjourn. If passed, a motion to fix the time to adjourn the meeting requires the Library Board to adjourn at a specific time set in the motion.

e. Motion to Continue an Item. A motion to continue an item has the same effect as a motion to table but is generally used when good cause exists or in response to a request by staff, a Board Member, or a participating party, as set forth in Section 17 Continuance of Agenda Items, or a scheduling problem arises. If passed, the motion continues the item indefinitely or to the date and time set in the motion. If the motion does not contain a specific time, an additional motion is required to bring the item back to the Library Board at a future meeting.

f. Motion to Call the Question. A motion to call the question, also known as moving the previous question or limiting debate, stops further Library Board deliberation, debate, and discussion on an item. It can be stated as stopping debate or discussion within a certain period of time, such as 15 minutes. If seconded, the Chairperson shall then call for a vote on the motion or motions pending before the Library Board as provided for in Section 10(g) Motion to Be Stated.

25.5 Miscellaneous Motions and Appeals

25.5.1 Motion to Reconsider

A motion to reconsider any action taken by the Library Board may be made as follows: (1) The motion must be made by a Board Member that voted along with majority that voted for the original motion that passed, although the motion for reconsideration may be seconded by any Board Member; (2) The motion must be made either at the meeting at which the action to be reconsidered was taken, or, at the next regular meeting, provided appropriate due process is afforded to any participating parties; (3) The motion is debatable; and (4) If any participating party has left the meeting, or if the motion comes at a subsequent meeting, the ultimate decision to be reconsidered must take place at a subsequent meeting.

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25.5.2 Board Member Appeal

Any Board Member may appeal any ruling by the Chairperson. If a Board Member so moves and the motion is seconded, after debate, the ruling of the Chairperson may be reversed by majority vote. If an appeal is taken, the question shall be, “Shall the decision of the Chair be sustained?”

26. Action and Direction

26.1 Votes, General Rules

Unless otherwise provided, the Library Board’s actions must be passed pursuant to a majority vote on a motion, and the motion may not be considered unless it is seconded. A simple majority vote by those Board Members present is necessary to pass a motion providing direction to staff or establishing administrative policy.

Any Board Member may, before the “Nays” are called for, demand that a roll call vote be taken on the motion before the Board. The Chairperson’s name shall be called last with other Board Members’ names called in alphabetical order by the staff liaison. Board Members shall not give explanations for their vote during roll call.

If a Board Member is present at the meeting but abstains from voting on a motion or is silent during the vote on the motion, then the rules in section 26.3 Abstentions and Silence shall govern how the Board Member’s silence or abstention is tabulated.

26.2 Tie Votes

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agenda. However, if a decision is legally compelled under state law (such as the Permit Streamlining Act), the tie vote shall constitute a denial of the application, project before the Library Board and an appeal could be submitted for final decision by the City Council.

26.3 Abstentions and Silence

The City Council discourages abstentions since abstentions without legal conflict may impede the Library Board’s actions, for example by causing a tie vote.

Abstentions also deprive Livermore residents of one vote of five and may diminish accountability of Board Members on items of legitimate concern. At the same time, it is not the City Council’s intention to impede any individual Board Member’s right to choose not to speak or vote on an item.

If any Board Member wishes to abstain from voting on a motion, the Board Member must announce the abstention when the item of business is first called for consideration and must not participate in the consideration of the item, in which case the minutes will reflect that the Board Member abstained from the vote.

If the Board Member does not announce an abstention when the item of business is first called for consideration, or the Board Member participates in the consideration of the item, and the Board Member’s abstains during the vote, then that Board Member’s vote shall be tabulated in favor of the motion.

Silence of any Board Member shall be tabulated along with the majority of the votes cast by the Board Members present and voting on the motion since the silent Board Member is conceding to the majority’s wishes.

This rule is intended to expressly modify Rosenberg’s Rules of Order, Revised 2011 for counting votes with regard to abstentions and silence by a Board Member.

26.4 Protests

Any Board Member shall have the right to enter into public record reasons for dissent or protests against any motion carried by the majority.

ATTACHMENT 9
681

CITY OF LIVERMORE

LIVERMORE HOUSING AUTHORITY

RULES OF PROCEDURE

Prepared by the City Clerk’s Office
April 2022September 2010
ATTACHMENT 10
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LIVERMORE HOUSING

AUTHORITY
SEPTEMBER 2010APRIL 2022
1 LIVERMORE HOUSING AUTHORITY

RULES OF PROCEDURE

1. Duties and Responsibilities – The Livermore Housing Authority shall have the following duties and responsibilities:

A. The Livermore Housing Authority adm inisters and oversees the low-income housing units at Leahy Square. Additionally, the Authority oversees the Section Eight Voucher Program for subsidized housing. The Authority may also contract with the City of Livermore and other governmental agencies to oversee transitional housing or affordable housing programs.

B. Support the goals and priorities adopted by the City Council.

2. Members – The Livermore Housing Author ity shall consist of seven members, all of whom must be residents of the City of Livermore. Two of the members must be current Housing Authority tenants. (Health & Safety Code 34270)

3. Term limits – Members shall serve no more than two consecutive four-year terms or a total of eight years, unless the member was select ed to complete an
unexpired term or unless otherwise noted.

Time served in an unexpired term shall not count against the eight-year maximum limit. Authority members who have already completed eight years of service or other specified maximum terms are not eligible for appointment to an unexpired term. However, members may be appointed back to the Housing Authority after a break in service of two years.

4. Attendance Policy – Livermore Housing Authority members may miss three meetings per calendar year. A member who misses more than three meetings per year may be subject to removal from the Authority. The staff liaison will document all absences and report to the City Clerk when a member of the Commission has exceeded the allowed number of absences. The City Clerk will notify the City Council with a memo explaining the circumstances of the absences and the City Council will determine if an agenda item is needed to consider whether removal from the Commission is appropriate. The member will have the opportunity to speak at a City Council meeting when removal is under consideration. The final decision to remove a member from the Commission rests solely with the City Council. The Authority may request that the City Council ATTACHMENT 10
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2 remove from the Authority any members who miss more than three meetings per year. The member may appeal the request for the removal to the City Council.

The final decision to remove a member from the Authority rests solely with the City Council.

5. Elections and Officers – The Livermo re Housing Authority shall elect a chairperson and a vice chairperson at the first meeting held after January 1st of each year. Election of the officers shall be by majority vote of the Authority. The role of the officers shall be as follows:

A. Chairperson – The Chairperson sha ll preside at all regular meetings and may call special meetings. The Chairperson shall decide upon all points of order and procedure during the meeting.

B. Vice Chairperson - The Vice Chairperson shall assume all duties of the Chairperson in the absence or disability of the Chairperson.

C. Presiding Officer – In the absence of the Chairperson or Vice Chairperson, the members present shall select a Presiding Officer.

D. Secretary – the Secretar y shall be the Executive Director of the Livermore Housing Authority and, as Executive Director, shall have general supervision over the administration of its business and affairs, subject to the direction of the Authority. The Secretary shall be charged with the management of the housing projects of the Authority.

The Secretary shall keep the records of the Livermore Housing Authority, shall act as secretary of the meetings of the Authority and record all votes, keep a record of the proceedings of the Authority, and perform all duties incident to the office. The Secretary shall keep in a safe custody the seal of the Authority and shall have power to affix such seal to all contracts and instruments authorized to be executed by the Authority.

The Secretary shall have the care and custody of all funds of the Authority and shall deposit the same in the name of the Authority in such bank or banks as the Authority may select. The Secretary shall normally sign all orders and checks for the payment of money and shall pay out and disburse such money under the direction of the Authority. The Secretary shall keep regular books of accounts showing receipts and expenditures and shall render to the Authority, at each regular meeting (or oftener when requested), an account of his/her transactions and also of the financial condition of the Authority. The Secretary shall give such bond for the faithful performance of his/her duties as the Authority may determine.

The compensation of the Secretary shall be determined by the Authority, provided that a temporary appointee selected from among the members of ATTACHMENT 10
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3 the Authority shall serve without compensation (other than the payment of necessary expenses).

6. Meetings – The Livermore Housi ng Authority shall meet on the second Wednesday of each month at 5:30 p.m. at 3203 Leahy Way, Livermore, CA.

Meetings shall begin promptly as noticed pursuant to this provision. All meetings shall be open to the public.

7. Agenda Preparation and Posting – Agendas shall be prepared in accordance with the requirements of the Brown Act and shall be posted in a location that is freely accessible to members of the public at least 72 hours in advance of a regular meeting. The agenda shall specify the time and location of the meeting and contain a brief description of each item of business to be transacted or discussed at the meeting. Agendas for special meetings shall be prepared and posted in accordance with the requirements of the Brown Act.

8. Minutes of Proceedings – An account of all proceedings of the Livermore Housing Authority shall be prepared by the staff liaison and approved by the Authority.

9. Quorum – Four members constitute a quorum of the Livermore Housing Authority. A quorum of the members must be present to conduct any business.

In the absence of a quorum at a meeting, the meeting must be adjourned. The matters listed on the agenda shall be taken up at the next regularly scheduled meeting of the Authority or scheduled for a special meeting if deemed necessary.

A meeting may also be declared adjourned in advance, if absence notifications received by staff create a lack of a quorum. Cancellations of meetings must comply with the requirements of the Brown Act.

10. Conduct at Meetings

A. All meetings shall be held in a ccordance with City policies and the Brown Act Open Meeting Laws (Government Code, Sections 54950 and following). Only items listed on the agenda may be considered by the Livermore Housing Authority.

B. General Conduct of Meetings – Poin ts of order shall be settled by the Chairperson. Points of order shall comply with the Brown Act, Robert’s Rules of Order, Livermore Housing Authority Rules of Procedure and City policies. The Chairperson will consult with staff as necessary.

Unresolved issues shall be referred to legal counsel and continued to a future meeting. Any member desiring to speak must first be recognized by the Chairperson and shall confine any remarks to the subject under consideration.

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4 C. Voting on Items – Voting on items s hall be in accordance with Robert’s Rules of Order and Parliamentary Procedures. The Livermore Housing Authority shall not take a sealed ballot vote in open session.

11. Citizens’ Forum/Public Comments

Every agenda shall provide the opportunity for members of the public to address the Livermore Housing Authority on subjects which are not listed on the agenda and are within the subject matter jurisdiction of the Authority. The Chairperson may establish time limits per individual speaker. The Authority shall not discuss nor take action on subjects raised under Citizens’ Forum/Public Comments but the Chairperson, with the concurrence of a majority of the Authority, may direct staff to place subjects raised under Citizens’ Forum/Public Comments on a future Authority agenda.

12. Subcommittees

The Chairperson may establish an Executive Committee composed of the Chairperson, Vice Chairperson and one other Commissioner and an alternate.

The Executive Committee may take action for the Livermore Housing Authority between regular meetings if such action cannot await action of the full Authority.

However, such actions must be submitted for approval to the full Authority at its next regular business meeting. The Executive Committee may also review business items prior to any meeting for recommendations to the full Authority.

The Chairperson shall appoint a Finance Committee which shall make budget and investment recommendations to the full Authority and shall review Authority financial transactions on a quarterly basis.

13. Staff Support

The Secretary shall be appointed by the Livermore Housing Authority. Any person appointed to fill the office of Secretary, or any vacancy therein, shall have such term as the Authority fixes, but no member of the Authority shall be eligible to this office except as a temporary appointee.

The Authority may from time to time employ such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by the Housing Authorities Law, as amended, of California and all other laws of the State of California applicable thereto. The selection and compensation of such personnel (including the Secretary) shall be determined by the Authority subject to the laws of the State of California.

ATTACHMENT 10
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PLANNING

COMMISSION
April 202219

CITY OF LIVERMORE

PLANNING COMMISSION

RULES OF PROCEDURE
Prepared by the City Clerk’s Office
ATTACHMENT 11
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PLANNING COMMISSION
April 202219

CITY OF LIVERMORE

PLANNING COMMISSION

RULES OF PROCEDURE

1. Duties and Responsibilities – The Plan ning Commission shall have the following duties and responsibilities:

The Planning Commission shall have the powers imposed upon city planning commissions by Government Code section 65000 et. seq., incorporated by reference. In addition, the Planning Commission shall have the following duties and responsibilities:

A. Advise the City Council in the adoption and maintenance of a comprehensive General Plan for the physical growth and development of the city. Such plan shall reflect the future goals of the City and, after its adoption by the City Council, shall represent the City’s policy on matters of physical growth. It shall also serve to guide the general location of future public facilities and improvements and to aid in the encouragement and regulation of private development;

B. Serve as an advisory body to the City Council on matters related to City growth and development and on such matters as may be requested by the Council;

C. Promote public interest in planni ng and encourage citizen participation in the formulation of land use policies;

D. Engage in a program of acquainting the public with the problems and alternate solutions relating to the local physical environment:

E. Make recommendations to the City Council on final legislative decisions such as amendments to the General Plan, Development Code or Zoning Map;

F. Make recommendations and take final actions on development projects regarding conformance with codes, land use compatibility and design review;

G. Interpret and implement the City’s Development Code; ATTACHMENT 11
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H. Interpret and implement the City’s Design Standards and Guidelines, and

I. Support the goals and priorities adopted by the City Council.

2. Members – The Planning Co mmission shall consist of five members, all of whom shall be residents of the City of Livermore.

3. Term limits – Planning Commission members shall serve no more than two consecutive four-year terms or a total of eight years unless the member was selected to complete an unexpired term or unless otherwise noted.

Time served in an unexpired term shall not count against the eight-year maximum limit. Commission members who have already completed eight years of service or other specified maximum terms are not eligible for appointment to an unexpired term. However, members may be appointed back to an advisory body after a break in service from that body of two years.

4. Attendance Policy – Planning Commission members may miss six meetings per calendar year. A member who misses more than six meetings per year may be subject to removal from the Commission. The Commission may request that the City Council remove from the Commission any members who miss more than six meetings per year. The member may appeal the request for the removal to the City Council. The staff liaison will document all absences and report to the City Clerk when a member of the Commission has exceeded the allowed number of absences. The City Clerk will notify the City Council with a memo explaining the circumstances of the absences and the City Council will determine if an agenda item is needed to consider whether removal from the Commission is appropriate.

The member will have the opportunity to speak at a City Council meeting when removal is under consideration. The final decision to remove a member from the Commission rests solely with the City Council.

5. Elections and Officers – The Planning Commission shall elect a chairperson and a vice chairperson at the first meeting held after January 1 st of each year.

Election of the officers shall be by majority vote of the Commission. The role of the officers shall be as follows:

aA. Chairperson – The Chairperson shall preside at all regular meetings and may call special meetings. The Chairperson shall decide upon all points of order and procedure during the meeting.

bB. Vice Chairperson - The Vice Chairperson shall assume all duties of the Chairperson in the absence or disability of the Chairperson.

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cC. Presiding Officer – In the absence of t he Chairperson or Vice Chairperson, the members present shall select a Presiding Officer.

6. Meetings – The Planning Commission shal l meet on the first and third Tuesday of each month at 7:00 p.m. at the City Council ChambersCivic Center Meeting Hall at, 3575 Pacific Avenue1016 S. Livermore Avenue, Livermore, California and occasional special meetings as required to fulfill the Commission’s duties and responsibilities. The body shall adopt an annual meeting calendar listing all regular meetings for the calendar year. The calendar shall be published on the City's website. Meetings shall begin promptly as noticed pursuant to this provision. All meetings shall be open to the public. The Commission may not meet in closed session. The Commission members may not participate in a meeting remotely, via teleconference or videoconference.

7. Agenda Preparati on and Posting – The staff liaison shall post the notices and agendas for each Planning Commission meeting in the kiosk in front of City Hall, the Kiosk in front of the Civic Center Meeting Hall, and on the City’s website.

a. Regular Meetings

b. Special Meetings and Workshops

Notice of the call for a special meeting must be delivered and received by each Commission Member and the media at least 24 hours before the special meeting and must be posted at least 24 hours before the special meeting date.

The agenda shall specify the time and location of the meeting, contain a brief description of each item of business to be transacted or discussed at the meeting, and state who called the special meeting. [54956]. Agendas for special meetings shall be prepared and posted in accordance with the requirements of the Brown Act.

8. Minutes of Proceedings – An account of all final actions or recommendations of the Planning Commission shall be prepared by the staff liaison and approved by the Commission. The staff liaison with input from the City Clerk, and consistent with the uniform format provided by the City Clerk, shall determine the preferred software/recording device used to capture the minutes for their advisory body meetings. Minutes shall be provided for Commission consideration and approval as summary minutes.An account of all proceedings of the Planning Commission shall be prepared by the staff liaison and approved by the Commission.

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9. Quorum – Three members constitute a quorum of the Planning Commission. A quorum of the members must be present to conduct any business. In the absence of a quorum at a meeting, the meeting must be adjourned. The matters listed on the agenda shall be taken up at the next regularly scheduled meeting of the Commission or scheduled for a special meeting if deemed necessary. A meeting may also be declared adjourned in advance, if absence notifications received by staff create a lack of a quorum. Cancellations of meetings must comply with the requirements of the Brown Act.

10. Conduct at Meetings

aA. All meetings shall be held in acco rdance with City policies and the Brown Act Open Meeting Laws (Government Code, Sections 54950 and following). Only items listed on the agenda may be considered by the Planning Commission.

bB. General Conduct of Meetings – Points of order shall be settled by the Chairperson. Points of order shall comply with the Brown Act Rosenberg’s Rules of Order, Revised 2011, Robert’s Rules of Order, Planning Commission Rules of Procedure and City policies. The Chairperson will consult with staff as necessary. Unresolved issues shall be referred to the City Attorney and continued to a future meeting. Any member desiring to speak must first be recognized by the Chairperson and shall confine any remarks to the subject under consideration.

cC. Voting on Items – Voting on items shall be in accordance with Rosenberg’s Rules of Order, Revised 2011Robert’s Rules of Order and Parliamentary Procedures. The Planning Commission shall not take a sealed ballot vote in open session.

d. Call to Order - The C hairperson shall call the meeting to order at the appointed time. If both the Chairpers on and the Vice Chairperson are absent, then the staff liaison shall ca ll the meeting to order and the Commission Members present shall t hen select a presiding officer for that meeting.

e. Preservation of Order - The Chair person shall preserve strict order and decorum, and shall discourage personal, verbal attacks on Commission Members, staff, and/or ci tizens, but shall not prohi bit criticisms of the policies, procedures, programs, or services of the Cit y, or of the acts or omissions of the Planning Commission or members of the City staff. The ATTACHMENT 11
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Chairperson shall confine debate to the item under discussion. [36813, 38638, 54954.3, 54957.9].

f. Reordering of Agenda - The Chairperson may reorder the items on the agenda for a noticed meeting to accommodate members of the public who wish to speak on an agenda item that would otherwise be considered by the Planning Commission later in the meeting. The Chairperson shall announce the reorder prior to calling members of the public to speak during citizens forum.

g. Motion to be Stated - The Chairpers on shall state all motions submitted for a vote by the Planning Commission and announce the result of the vote and identify the no votes and any Commission Members that abstained or recused themselves from the vote. No action shall be taken by secret ballot, but electronic tabulation may be used to record and report roll call votes. [54953(b)(2) and (c)(2)].

11. Citizens’ Forum/Public Comments

Every agenda shall provide the opportunity for members of the public to address the Planning Commission on subjects which are not listed on the agenda and are within the subject matter jurisdiction of the Commission. The Chairperson may establish time limits per individual speaker. The Commission shall not discuss nor take action on subjects raised under Citizens’ Forum/Public Comments; but the Chairperson, with the concurrence of a majority of the Commission, may direct staff to place subjects raised under Citizens’ Forum/Public Comments on a future Commission agenda.

12. Subcommittees

The Planning Commission may create standing subcommittees (those with ongoing subject-matter jurisdiction and regularly scheduled meetings). Such subcommittees shall be subject to all City policies and the requirements of the Brown Act.

13. Staff Support

The head of the department that is responsible for supporting the Planning Commission shall designate one or more employees to serve as staff liaison to the Commission. The Staff Liaison shall prepare and post the agenda, take and maintain meeting minutes, prepare other documents as directed by the Chairperson in accordance with City Council Goals and Priorities or in accordance with direction from the City Manager or City Manager’s designee, and generally assist the Commission in performing its duties. The Staff Liaison shall have no voting authority.

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PLANNING COMMISSION
April 202219

Commissioners must work with their assigned staff liaison and the liaison’s Department Head to obtain the City Council’s approval before beginning any self-initiated project that will require more than 8 hours of staff time to complete that year. However, the Commission may pursue self-initiated projects that can be accomplished utilizing the City resources currently allocated to the particular advisory body and that do not take resources away from that advisory body’s anticipated work to fulfill its duties and responsibilities to the City Council.

14. Rules of Parliamentary Procedure

15. Types of Meetings

15.1 Regular Meetings

The Planning Commission shall meet in the Civic Center Meeting Hall for all regular Commission meetings. The regular meetings shall begin on the first and third Tuesdays of each month at 7:00 p.m., unless otherwise specified by posted notice. If the meeting date falls on a legal holiday, the Planning Commission shall meet at a date and time designated by the Commission.

15.2 Special Meetings

Special meetings may be called by the Commission Chair, the Commission liaison or by a majority of Commissioners. The call and notice for a special meeting must specify the items to be considered and the date, time, and location for the meeting. [36807, 54956(a)].

The Planning Commission may take final action at a special meeting that is not a workshop.

15.3 Special Meeting Workshops

The Planning Commission may meet informally in special meetings designated as workshops that are called by the Chairperson, the Commission liaison, or by a majority of Commission Members. Workshops are special meetings intended for training purposes such as ethics training, sexual harassment prevention and education, and specific technical subjects.

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PLANNING COMMISSION
April 202219

Workshops are open to the public and are meetings for purposes of the Brown Act. The Planning Commission may provide direction, but unlike other special meetings the Planning Commission may not take a final action at a workshop. [54956].

15.4 Adjourned Meetings, and Ad journed Regular Meetings

Any meeting of the Planning Commission may be adjourned to a later date, time, and location, and the notice of adjournment shall be posted within 24 hours on or near the door of the place where the adjourned meeting was held. However, if the adjourned meeting is to reconvene less than 24 hours after adjournment, then a copy of the order or notice of the continuance shall be posted immediately following the meeting. [36809, 54955].

The Chairperson, Commission liaison, or majority of Members may call for an adjourned regular meeting in consultation with the City Attorney to conduct a regular meeting on a date other than on a regular meeting date on the Planning Commission’s annual calendar. [54955]

16. Actions Limited to Posted Agendas

The Planning Commission shall not discuss or take action on any item not appearing on the posted notice or agenda for that meeting. However, as permitted by the Brown Act, Commission Members and staff may briefly respond to statements made or questions posed by the Planning Commission or by members of the public addressing the Planning Commission. Commission Members may ask a question of City staff or a speaker for clarification, make a brief announcement, or make a brief report on their own activities.

17. Continuance of Agenda Items

Items listed on a posted agenda should not be continued or postponed absent good cause.

17.1 Discovery of Good Cause Be fore an Item is Considered

17.2 Good Cause to Continue During Consideration

Once an item has been taken up for consideration, City staff, a Commission Member, or a participating party as defined in Section 21.4.4 Participating Parties ATTACHMENT 11
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may request a continuance of the item. The item may only be continued following a majority vote of the Commission Members present.

17.3 Public Comment for a Continued Item

If the opportunity for the public to address the Planning Commission has concluded and the item was returned to the Planning Commission for deliberation before it was continued, then the opportunity for public comment on the item will not be reopened absent a motion by the Planning Commission. [54955].

18. Consideration of it ems after 11:00 p.m.

18.1 Canvass and Reorder

At 10:30 p.m., or as soon thereafter as practical, the Chairperson shall canvass staff and Commissioners present to identify the remaining agenda items for consideration. The Chairperson will then identify what items will be considered or continued, and in what order. Once the Chairperson outlines the balance of the agenda, it may not be amended absent an appeal by a Commission Member.

18.2. No New Items Considered after 11:00 p.m.

Generally, the Planning Commission will not begin consideration of any items on an agenda after 11:00 p.m., but may complete their consideration of an item that was commenced prior to 11:00 p.m.

18.3 Exceptions

The Planning Commission may commence consideration of an item after 11:00 p.m. under the following circumstances:

a. An item is subject to a legal deadli ne, such as a project application subject to the Permit Streamlining Act; or,

b. The Planning Commission votes to allo w consideration of the item after 11:00 p.m.

19. Points of Order, Privilege, and Personal Privilege

A Commission Member may ask for a point of order, at which time the Chairperson will ask for an explanation. Appropriate points of order relate to matters that a Commission Member considers inappropriate conduct for the meeting, such as the failure to observe these Rules of Procedure or the rules of parliamentary procedure.

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A Commission Member may seek a point of privilege. If so, the Chairperson shall ask for an explanation of the Commission Member’s point. Points of privilege generally relate to matters that interfere with a normal flow or comfort of the Planning Commission’s meeting, such as the inability to hear testimony because of disruption.

A Commission Member may ask for a point of personal privilege when the integrity, character, or motives of the Commission Member are called into question by a speaker; or where the welfare of the Planning Commission is concerned.

If a speaker is interrupted by a point of order, privilege, or personal privilege, the remainder of a speaker’s time will be preserved by the staff liaison until the point is resolved.

20. Minutes - An account of all final actions or recommendations of the Planning Commission shall be prepared by the staff liaison and approved by the Commission. The staff liaison with input from the City Clerk, and consistent with the uniform format provided by the City Clerk, shall determine the preferred software/recording device used to capture the minutes for their advisory body meetings. Minutes shall be provided for Commission consideration and approval as summary minutes

20.1 Approval

The minutes for a Planning Commission meeting shall be reviewed and approved as set forth in this section.

a. The Planning Commission shall approve minutes for a regular meeting, special meeting, and special meeting workshops.

b. A Planning Commissioner may not approve the minutes for any meeting that the Commissioner did not attend.

Also, a Planning Commissioner may not approve the minutes for a meeting that they were not eligible to attend as a commissioner.

c. If no Commissioners are eligib le to approve the minutes for a Planning Commission meeting, then the staff liaison shall attest to the accuracy of the meeting minutes and enter them into official minute books.

20.2 Preferred Method of Recordation and Minutes

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Planning Commission liaisons shall take an audio recording of each meeting and keep them in accordance with the City’s Records Retention Schedule. Minutes of Planning Commission meetings shall be summary minutes that capture the action taken by the Planning Commission and the outcome of each agenda item.

20.3 Staff Attendance & Development of Agenda - Sta ff attendance and agenda development will be determined by the staff liaison for the advisory body.

21. Order of Business – Regular Meetings

The usual order of business for regular meetings shall be as follows:

21.1. Call to Order

This portion of the agenda is for roll call and the pledge of allegiance.

21.2. Citizens Forum

This portion of the agenda is for any member of the public to address the Planning Commission on any item of interest to the public that is within the Planning Commission’s subject matter jurisdiction. However, to prepare and preserve a proper administrative record, public comments concerning an item listed elsewhere on the agenda should be reserved and addressed to the Planning Commission when that item is called for consideration.

Citizens forum shall be limited to 30 minutes, usually before the consent calendar. If there are additional members of the public who wish to speak at the conclusion of the 30-minute time period, then the Chair shall reconvene the citizens forum at the conclusion of the matters for consideration portion of the agenda unless the Chair announces that citizens forum is reordered to a different place on the agenda.

The procedures for public comments during the citizens forum are set forth in Section 23 Citizens’ Rights.

21.3. Consent Calendar

The consent calendar portion of the agenda is for routine items that are not expected to require Planning Commission discussion. Examples of items for the consent calendar include the approval of minutes. Any Planning Commissioner may pull an item for separate discussion. Members of the public may address the Planning Commission on consent calendar items by following the procedures set forth in Section 23 Citizens’ Rights.

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The items on the consent calendar are generally approved by the Planning Commission by a single motion, but separate motions may be appropriate to accommodate a conflict of interest, an absence, or other Commission Member interests.

21.4. Matters for Consideration

This portion of the agenda is for items of business that require Planning Commission action, direction, or receipt of reports that do not also require a public hearing. The procedures for this portion of the agenda follow the following procedure:

21.4.1 Introduction

The Chairperson shall call each item for hearing and consideration. If there are public hearing items, the Chairperson has the discretion to concurrently call the items for hearing and consideration.

21.4.2 Staff Presentation

A member of City staff will then:

a. Introduce themselves and the item by identifying the report and other written material included in the agenda packet for the Planning Commission’s consideration, as well as any written comments received from the public.

b. Identify any supplemental written ma terials that have been provided to the Planning Commission for consideration, which were received or prepared for the item after the meeting agenda was published.

c. Identify any other staff members or consultants that will be part of the staff presentation or are otherwise present and available for the Planning Commission questions.

d. State whether the applic ant is present and whether the applicant intends to make a presentation to the Planning Commission.

e. Make an oral report, unless waived by the Planning Commission.

21.4.3 Planning Commission Questions or Comments

Following the staff presentation, the Commission Members may ask questions of City staff and consultants or make comments on the item.

21.4.4 Participating Parties
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Following Commission Member questions and comments after the staff presentation, the applicant, appellant, and other named participant in the item that is party to an agenda item (collectively “participating parties”) may address the Commission. After the Chair determines that no other participating parties wish to address the Planning Commission on the hearing item, the Chairperson will then invite Commission Member questions or comments of the participating parties and staff concerning the item. Participating parties shall address the Planning Commission following the procedures set forth in Section 23 Citizens’ Rights.

21.4.5 Opportunity for Public Comment

The purpose of the public hearing is to provide members of the public with an opportunity to address the Planning Commission concerning the item, as well as to express their support or opposition of the item. The Chairperson will formally announce the opening of the public comment period and invite members of the public to address the Planning Commission on the item. Public speakers shall address the Planning Commission following the procedures set forth in Section 23 Citizens’ Rights.

After the Chairperson determines that no other member of the public wishes to address the Planning Commission on the hearing item, the Chairperson will formally close the public comment period and return the item to the Planning Commission for deliberation.

21.4.6 Deliberation

Once an item of business returns to the Planning Commission for deliberation, the Chairperson will invite the Commission Members to discuss the item to develop concurrence for a motion. Commission Members may ask questions of staff and the participating parties as part of their deliberations.

21.4.7. Planning Commission Action

After Planning Commission deliberation, the Chairperson shall call for a motion and a second as set forth in Section 25 Motions, and the Planning Commission may make such motions as set forth in that section.

If the motion seconded for consideration is substantially different than the recommended action in the published staff report, the Chairperson may invite public comments on the motion. Each speaker will be limited to one minute to comment on the motion; and the Planning Commission has discretion to decide not to hear further comment if they choose. Public speakers shall address the ATTACHMENT 11
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Planning Commission following the procedures set forth in Section 23 Citizens’ Rights.

Prior to deliberating on matters for consideration, the Planning Commission shall receive public comment as provided for in Section 23 Citizens’ Rights. After receiving public comment, the Planning Commission shall deliberate and shall receive the report, take action, or provide direction as set forth in Section 25 Motions.

21.5 Reports and Matters Initiated

This portion of the agenda is for:

a. Each member of the Planning Commi ssion to provide brief reports on any conferences, training, community meetings, or other events of interest to the community that the Commissioner attended at the City’s expense [53232.2(d)].

b. The City staff to provide information of community interest to the Planning Commission and to seek direction from the Planning Commission concerning items to be included on future agendas.

c. The Planning Commission to provi de guidance and direction to staff concerning items to be included on future agendas and information to be provided in response to questions raised during citizens forum;

d. The Planning Commission to request staff to provide information, perform studies, or undertake other administrative functions or to develop information for Commission action at a future meeting. If the requested action cannot be accomplished within the approved budget or if it will involve substantial staff resources, approval of resources would need to be provided from the City Council prior to staff completing the work.

Members of the public do not have the right to address the Planning Commission during this portion of the agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa Barbara Bd. of Supervisors, (2005) 129 Cal.App.4th 205].

21.6 Adjournment

This portion of the agenda is for the Chairperson to adjourn the Planning Commission meeting to its next meeting. The meeting may be adjourned to a regular meeting, special meeting, special meeting workshop, adjourned regular meeting, or adjourned special meeting.

ATTACHMENT 11
700

PLANNING COMMISSION
April 202219

Adjournment at any other point in the meeting requires a formal motion by the Planning Commission.

22. Order of Business – Special Meetings and Workshops

No matters except those specified in the notice and agenda for a special meeting or special meeting workshop may be discussed at those meetings.

The usual order of business for special meetings and workshops shall be as follows:

22.1. Call to Order

This portion of the agenda is the same as it is for a regular meeting.

22.2. Public Comment

The purpose of this portion of the agenda is to provide the public with the opportunity to address the Planning Commission on only those items listed in the posted notice and agenda for the special meeting or workshop.

Public speakers shall address the Planning Commission following the procedures set forth in Section 23 Citizens’ Rights.

However, unlike a regular meeting, the agenda for a special meeting will not include a citizens’ forum or opportunity for the public to address the Planning Commission on any item of interest to the public that is within the Planning Commission’s subject matter jurisdiction, unless that opportunity is expressly included in the agenda.

22.3 Special Meeting Item and Workshop Item

Generally, the procedures for this portion of the agenda follow the procedures in Section 21.4.1 Introduction, 21.4.2 Staff Presentation, 21.4.3 Questions and Comments, and 21.4.6 Deliberations. The Planning Commission may take a final action at a special meeting, but not at a workshop, as set forth in Section 15.2 Special Meetings and Section 15.3 Special Meeting Workshops

22.4 Adjournment

ATTACHMENT 11
701

PLANNING COMMISSION
April 202219

This portion of the agenda is the same as it is for a regular meeting.

23. Citizens’ Rights

A Planning Commission meeting is a limited public forum. [78 Ops.Cal.Atty.Gen. 224 (1995); Kindt v. Santa Monica Rent Control Bd. (9th Cir. 1995) 67 F.3d 266; White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; Leventhal v. Vista Unified School District (SD Cal. 1997) 973 F.Supp. 951]. Members of the public have the right to address the Planning Commission and to attend its meetings.

During the citizens forum portion of a regular meeting agenda, members of the public have a right to address the Planning Commission on any item of interest to the public that is within the Planning Commission’s subject matter jurisdiction.

Members of the public also have the right to address the Planning Commission before the Planning Commission considers or takes action on an item on any regular meeting agenda, except for items properly listed or considered in the Call to Order, Planning Commission Reports and Matters Initiated, and the Adjournment portions of the agenda. Members of the public shall be provided an opportunity to address the Planning Commission concerning any item that is described in the notice for special meeting workshops and special meetings. [54954.3].

The procedures for addressing public comments to the Planning Commission are as follows:

23.1 Addressing the Planning Commission

Members of the public that want to address the Planning Commission during citizens forum or before the Planning Commission considers or takes action on an item must indicate their desire by personally submitting a request to speak to the staff liaison, or his or her designee, using the methods specified by the staff liaison in the agenda for that meeting. A member of the public may not submit a request to speak on behalf of any other person. The methods for addressing the Planning Commission will be described at each meeting. The staff liaison will prominently display the methods to address the Planning Commission in the William H. Mendenhall Community Room.

Before an item is considered by the Planning Commission, the staff liaison shall identify or provide a list of the speakers to the presiding officer in the order that they are received for each agenda item. Generally, once the Planning Commission begins its consideration of an item, no additional requests to speak will be accepted absent invitation by the presiding officer.

The purpose of submitting a request to speak is to help the presiding officer conduct the Planning Commission’s meetings and to complete its business in an orderly fashion. The intent is not to limit testimony. Therefore, a member of the ATTACHMENT 11
702

PLANNING COMMISSION
April 202219

public will not be denied an opportunity to speak if a request to speak lacks information or because a speaker wants to remain anonymous.

Speakers who have not submitted a request to speak on time may be heard by the presiding officer’s recognition or by another Planning Commissioner’s successful appeal. [White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421].

23.2 Speaker Time Limit

23.3 Members of the Public Addressing the Planning Commission

23.3.1 A list of people who have requested to speak shall be used to call each speaker to address the Planning Commission. When calling a speaker to the lectern the next two speakers will also be identified so, they are prepared to address the Planning Commission when called.

23.3.2 The Chairperson may request each speaker to state his or her name and city of residence before addressing the Planning Commission. A speaker is not required to provide his or her name or address to address the Planning Commission. However, to the extent such information is relevant to the issues being considered by the Planning Commission, the absence of such information may bear on the speaker’s credibility and the weight the Planning Commission affords the speaker’s comments.

23.3.3 Speakers shall address their comments only to the Planning Commission as a body and not to a particular member.

23.3.4 Members of the public ma y only address the Planning Commission from the lectern. No member of the public, other than the speaker at the lectern, may address the Planning Commission, unless called upon by the Chairperson.

23.3.5 No question shall be asked of Commission Members by a speaker, except through the Chairperson. No question shall be asked of a speaker by a Commission Member, except through the Chairperson. Commission Members, the Chairperson, and the speaker are not obligated to answer any questions asked. The Chairperson may refer questions to staff for a brief answer while the speaker is at the lectern.

ATTACHMENT 11
703

PLANNING COMMISSION
April 202219

23.3.6 Speakers shall not use their time to unduly disrupt the orderly conduct of the Planning Commission’s meeting.

23.3.7 Speakers are encouraged to avoid repetition.

23.3.8 Speakers are encouraged to avoid making personal attacks.

23.3.9 Each speaker shall relinquish t he lectern when his or her time to address the Planning Commission has expired.

23.3.10 A speaker may use his or her allo tted time to read letters or other documents, play electronic recordings at a non-amplified volume, or otherwise present information to the Planning Commission in a non-disruptive manner, provided those activities are completed within the allotted time. The City will not provide the means for a speaker to play an electronic recording.

23.3.11 When called upon during citizen’ s forum, speakers may address the Planning Commission on any item of interest to the public within the Planning Commission’s subject matter jurisdiction. [54954.3(a)].

23.3.12 When called upon to provide public comment on a specific item of business on the agenda, speakers shall focus their comments on that specific item of business before the Planning Commission. [54954.3(a); White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; 78 Ops.Cal.Atty.Gen 224 (1995)].

23.4 Participating Parties Addr essing the Planning Commission

Participating parties shall comply with the procedures set forth in Section 23 Citizens’ Rights when addressing the Planning Commission, except that the participating parties shall each have up to a maximum of 10 minutes to address the Planning Commission. The Chairperson may set and announce the time limit for each active participant to address the Planning Commission based upon the same criteria set forth in Section 23.2 Speaker Time Limit.

23.5 Public Criticism

Public criticism of the City’s policies, procedures, programs, or services, or of the acts or omissions of the Planning Commission, shall not be prohibited. However, the rights of each speaker to express his or her views is not absolute and nothing in these rules of procedure are intended to confer any privilege or protection for expression beyond that otherwise provided by law. [54954.3].

23.6 Disruptive Speech and Conduct

ATTACHMENT 11
704

PLANNING COMMISSION
April 202219

Any person unduly disrupting a Planning Commission meeting may be requested by the Chairperson to leave the meeting. The Chairperson shall discourage demonstrations before the Planning Commission, such as applauding or booing.

Upon instructions by the Chairperson, a Sergeant-at-Arms may be called for the purpose of removing any person who, in the Chairperson’s judgment, has disrupted the meeting. [36813, 38638, 54954.3, 54957.9, Penal Code 403].

23.7 Written Communications – Post Hear ing Notice, and Post Agenda Publication

23.7.1 Submitted after the hearing notice, but before the Agenda Publication.

Any member of the public may submit written comments and materials to the Planning Commission through the Planning Commission Liaison. All written comments and materials must be submitted between the date public hearing notices are published (10 days prior to the meeting) and noon on the day before agenda publication (3 days prior to the meeting). The Planning Commission Liaison shall deliver all written comments and materials received by 12:00 p.m. the day before agenda publication as part of the agenda packet for the posted agenda.

23.7.2 Submitted Post Agenda Publication.

Any member of the public may submit electronic comments to the Planning Commission using the electronic submission process the staff liaison specifies and makes available on the City’s website within the timeframe provided on the agenda. Any additional attachments can be submitted directly to the staff liaison.

All comments submitted using the staff liaison’s electronic process will be available to the public and the Planning Commission immediately upon submission. The staff liaison shall post on the City’s website and deliver any additional materials received by 12:00 p.m. the day of the meeting to the Planning Commission in a supplemental packet prior to the meeting.

Physical copies of written comments and materials, and electronic and physical materials submitted to the Planning Office before 12:00 p.m. noon on the day of the Planning Commission meeting, will be included in the supplemental packet.

After 12:00 p.m. noon on the day of the Planning Commission meeting, any member of the public that desires to submit materials to the Planning Commission for consideration at that meeting is hereby instructed to present 8 copies of the materials to the staff liaison for distribution to the Planning Commission at its meeting when the item is considered.

ATTACHMENT 11
705

PLANNING COMMISSION
April 202219

23.7.3 Special Meetings and Workshops.

For special meetings and workshops, the staff liaison shall specify the instructions and timeframes for the public to submit comments and materials in the agenda for those meetings.

23.8 Approaching the Planning Commission

24. Planning Commission Deliberation

Planning Commission deliberations shall be orderly and guided by the Chairperson to reach a decision on the item before them or to provide the direction sought by staff.

25. Motions

25.1 Making a Motion

25.2 Categories of Motions

There are four categories of motions that the Planning Commission may consider.

The first category is a basic motion, which is one that puts forward a decision for consideration. For example, a motion to approve City staff’s recommendation.

The second category is a motion to amend an earlier motion. Such an amending motion changes a basic motion under discussion in a minor way but ATTACHMENT 11
706

PLANNING COMMISSION
April 202219

does not supersede it. For example, adding a condition to a basic motion to approve staff’s recommendation. If the maker of the basic motion, and the second, accept the amendment, then the amendment shall be incorporated into the original motion without the need for a second on the amending motion. If an amendment is not accepted into the basic motion by the moving Commission Members, the process for voting on simultaneous motions is then followed.

The third category is a substitute motion. Such a motion completely does away with the basic motion under discussion and puts a new motion before the Planning Commission. For example, if the basic motion is to approve staff’s recommendation, a substitute motion would propose numerous changes to staff’s recommendation or assembles multiple amending motions into a single motion. If a substitute motion is approved, the initial basic motion does not require action since it was substituted. If a substitute motion fails, the process for voting on simultaneous motions is then followed.

25.3 Simultaneous Motions

The Planning Commission may consider up to three motions on the floor at one time. The Chairperson may reject a fourth motion until the three before the Planning Commission have been resolved. When two or three motions are before the Planning Commission, after motions and seconds, the first vote will be on the last motion made. Generally, the discussion when a motion is before the Planning Commission should focus on the last motion made. Once the vote on the last motion takes place, if necessary, discussion and decision on additional motions will take place in order.

25.4 Debatable and Non-debatable Motions

ATTACHMENT 11
707

PLANNING COMMISSION
April 202219

25.4.1 Debatable Motions

25.4.2 Non-Debatable Motions

a. Motion to Adjourn. If passed, a motion to adjourn requires the Planning Commission to immediately adjourn to its next regularly scheduled meeting.

b. Motion to Recess. If passed, a motion to recess requires the Planning Commission to immediately take a recess, the length of which the Chairperson will determine. The Chairperson may order a recess without a motion, and without adjourning the meeting, as the Chairperson determines necessary to maintain decorum and conduct the meeting in an orderly fashion.

c. Motion to Fix the Time to Adjourn. If passed, a motion to fix the time to adjourn the meeting requires the Planning Commission to adjourn at a specific time set in the motion.

e. Motion to Continue an Item. A motion to continue an item has the same effect as a motion to table but is generally used when good cause exists or in response to a request by staff, a Commission Member, or a participating party, as set forth in Section 17 Continuance of Agenda Items, or a scheduling problem arises. If passed, the motion continues the item indefinitely or to the date and time set in the motion. If the motion does not ATTACHMENT 11
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PLANNING COMMISSION
April 202219

contain a specific time, an additional motion is required to bring the item back to the Planning Commission at a future meeting.

f. Motion to Call the Question. A motion to call the question, also known as moving the previous question or limiting debate, stops further Planning Commission deliberation, debate, and discussion on an item. It can be stated as stopping debate or discussion within a certain period of time, such as 15 minutes. If seconded, the Chairperson shall then call for a vote on the motion or motions pending before the Planning Commission as provided for in Section 10(g) Motion to Be Stated.

25.5 Miscellaneous Motions and Appeals

25.5.1 Motion to Reconsider

A motion to reconsider any action taken by the Planning Commission may be made as follows: (1) The motion must be made by a Commission Member that voted along with majority that voted for the original motion that passed, although the motion for reconsideration may be seconded by any Commission Member; (2) The motion must be made either at the meeting at which the action to be reconsidered was taken, or, at the next regular meeting, provided appropriate due process is afforded to any participating parties; (3) The motion is debatable; and (4) If any participating party has left the meeting, or if the motion comes at a subsequent meeting, the ultimate decision to be reconsidered must take place at a subsequent meeting.

25.5.2 Commission Member Appeal

26. Action and Direction

26.1 Votes, General Rules

Unless otherwise provided, the Planning Commission’s actions must be passed pursuant to a majority vote on a motion, and the motion may not be considered unless it is seconded. A simple majority vote by those Commission Members present is necessary to pass a motion providing direction to staff or establishing administrative policy.

Any Commission Member may, before the “Nays” are called for, demand that a roll call vote be taken on the motion before the Commission. The Chairperson’s ATTACHMENT 11
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PLANNING COMMISSION
April 202219

name shall be called last with other Commission Members’ names called in alphabetical order by the staff liaison. Commission Members shall not give explanations for their vote during roll call.

26.2 Tie Votes

Generally, a motion fails if there is a tie vote. After a tie vote, the Chairperson may solicit additional discussion and another motion in an attempt to break the tie. If the tie vote occurs during a Commission Member absence, and the absent Commission Member does not have a conflict of interest related to the item being voted on, the Planning Commission may continue the item to a subsequent meeting when the absent Commission Member is expected to be present in an effort to resolve the tie. If the tie vote is not resolved, the motion shall fail, and the Chairperson may declare that “no action has been taken” and proceed with the remainder of the agenda. However, if a decision is legally compelled under state law (such as the Permit Streamlining Act), the tie vote shall constitute a denial of the application, project before the Planning Commission and an appeal could be submitted for final decision by the City Council.

26.3 Abstentions and Silence

The City Council discourages abstentions since abstentions without legal conflict may impede the Planning Commission’s actions, for example by causing a tie vote. Abstentions also deprive Livermore residents of one vote of five and may diminish accountability of Commission Members on items of legitimate concern.

At the same time, it is not the City Council’s intention to impede any individual Commission Member’s right to choose not to speak or vote on an item.

If any Commission Member wishes to abstain from voting on a motion, the Commission Member must announce the abstention when the item of business is first called for consideration and must not participate in the consideration of the ATTACHMENT 11
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PLANNING COMMISSION
April 202219

item, in which case the minutes will reflect that the Commission Member abstained from the vote.

This rule is intended to expressly modify Rosenberg’s Rules of Order , Revised 2011 for counting votes with regard to abstentions and silence by a Commission Member.

26.4 Protests

Any Commission Member shall have the right to enter into public record reasons for dissent or protests against any motion carried by the majority.

27. Appeals

Development Code:

Any decision of the Community Development Director or Historic Preservation Commission regarding eligibility or planning permit decisions may be appealed to the Planning Commission, as outlined in Chapter 9.15 Appeals of the Livermore Development Code (LDC).

Municipal Code:

The Planning Commission hears appeals, outlined in the Livermore Municipal Code (LMC), for suspension or revocation of live adult entertainment (LMC

5.08.500), tree permit processed through Community Development Department (LMC 12.20.250), small residential rooftop solar system expedited permitting (LMC 15.36.060), and flood control boundaries (LMC 16.12.040),

Appeals from decisions of the Commission shall appear on the City Council agenda for discussion. Council has the options of affirming the action of the body, modifying the action of the body, referring the matter back to the Commission, or reversing the decision, unless otherwise required or provided by law.

ATTACHMENT 11
711
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION APPROVING THE 2022 REVISED MEETING RULES

OF PROCEDURE FOR THE CITY OF LIVERMORE ADVISORY BODIES
Livermore’s City Council Meeting Rules of Procedure were developed for the orderly, consistent, and fair conduct of its meetings consistent with applicable law.

Livermore Municipal Code section 2.40.100 requires each advisory body to maintain rules of procedure approved by the City Council.

The City Council Meeting Rules of Procedure direct each advisory body to conform their practices and Rules of Procedure to the City Council Rules of Procedure.

In response to the COVID-19 pandemic, the City Council adopted Resolution No. 2021-139 to temporarily suspend and revise its Meeting Rules of Procedure for teleconferenced meetings and public comment.

As the State of Emergency comes to an end, the City Council has requested a return to in-person meetings. The Council also terminated the temporary suspension and revision of its Meeting Rules of Procedure in Resolution No. 2021-139 by a separate action at the same meeting at which this resolution was considered.

As directed by the City Council, the City Clerk reviewed and revised the advisory body rules of procedure in coordination with the staff liaisons assigned to each advisory body, and made additional adjustments for the meeting times and locations, member attendance, and extending the sunset date in Resolution No. 2021-027 for the limited duration Community Asset Management Program Committee and the sunset date in Resolution Nos. 2020-015 and 202-067 for the Climate Action Plan Advisory Committee.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby approves the 2022 revised Rules of Procedure for advisory bodies that are attached to the staff report dated April 11, 2022, presented for this resolution for the following City’s Advisory Bodies and committees:

Airport Commission
Beautification Committee
Climate Action Plan Advisory Committee
Community Asset Management Program Committee
Commission for the Arts
General Plan Advisory Committee
Historic Preservation Commission
Human Services Commission
Library Board of Trustees
712
RESOLUTION NO. ________
Livermore Housing Authority
Planning Commission
BE IT FURTHER RESOLVED by the City Council of the City of Livermore that the sunset date in Resolution No. 2021-027 for the limited duration Community Asset Management Program Committee is extended from December 2022 to December 2023.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that the sunset date in Resolution Nos. 2021-015 and 2020-067 for the limited duration Climate Action Plan Advisory Committee is extended from 2021 to 2022.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that the City Clerk is authorized to make minor adjustments to the advisory body rules of procedure to address scrivener’s errors, grammar, punctuation, and other proofreading edits, and is likewise authorized to make technical adjustments to further conform them to the City Council Meeting Rules of Procedure as necessary, so long as the adjustments do not substantively change the approved advisory rules. The City Clerk shall consult with the City Manager and the City Attorney before making any technical adjustments to an advisory body’s rules of procedure.

On motion of Council Member , seconded by
Council Member , the foregoing resolution was passed
and adopted on April 11, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
/s/ Jason R. Alcala
Marie Weber Jason R. Alcala
City Clerk City Attorney
713
From: PAUL MACIOLEK
To: Cityclerk - Livermore
Subject: April 11 2022 City Council Meeting
Date: Tuesday, April 5, 2022 1:12:50 PM
Attachments: Appeal and letter to City Council 4-11-2022.docx Dear Ms. Weber:

My Husband and I would like to request that the attached document be included in the April 11, 2022, City Council Meeting packet. I had planned to include this as an e- comment; however, our document is in excess of the word limit.

Please let us know that you have received our document and confirm if this will be included in the packet.

Best regards,
Michelle Mitchell
Paul Maciolek

CLOSED SESSION

PUBLIC COMMENT RECEIVED
714

Re: Garaventa Hills Project

April 5, 2022

Dear Mayor and Council:

With the recent Appellate Court ruling to overturn and reverse Judge Roesch's prior ruling in the Superior Court, regarding the approval to move forward with the Garaventa Hills Project, we would like to request the City revisit the no-project alternative for this site.

With no current approved project for the Garaventa Hill, The City has the perfect opportunity to begin the process of keeping this land as open space.

We would like to request that the City consider the rezoning of this area to accommodate the use of this land as open space. The City recently amended the General Plan (GPA 18-003, Resolution No. 19-20) to change the zoning for the Lassen Road Townhome Project to include open space. We would like to ask that the City utilize this same method to rezone the Garaventa Hill Project site from housing to open space. The City also currently has a General Plan Advisory Committee that also has the opportunity to consider this rezoning option.

The City has the ability to work with the landowner(s) to discuss the availability of funds that can be used to purchase this site. These funding sources include the Altamont and Vasco Landfill Funds and the Dougherty Valley Open Space Funds.

The City also has the opportunity to work with L.A.R.P.D and E.B.R.P.D., to consider managing this unique parcel of land. It has a rare biodiversity, special ecosystem, and hydrology that runs within the veining, connecting the Garaventa Hill to the surrounding protected Garaventa Wetlands Preserve and downstream to the protected Springtown Wetlands Preserve.

Finally, in the winter of 2019 The Altamont Landfill Open Space Advisory Committee’s (ALOSAC) entered into a project with UC Berkeley with the goal of the project to obtain an objective scoring and ranking of parcels with the potential to be purchased for conservation.

This is also an avenue that the City can explore.

Thank you for your time and consideration regarding this important and special plot of land.

Best regards,

Michelle Mitchell
Paul Maciolek
Livermore

CLOSED SESSION

PUBLIC COMMENT RECEIVED
715

CITY COUNCIL STAFF REPORT
ITEM NO. 11.1

DATE:

April 11, 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.

5.1 Hearing to consider proposed Livermore Municipal Water rates and charges for calendar years 2023 through 2027

Material: PowerPoint Presentation

5.2 Hearing to introduce an ordinance adding section 2.36.200 to the Livermore Municipal Code in compliance with the requirements of Assembly Bill 481 (an act to add sections 7070 through 7075 to the Government Code, relating to military equipment).

Material: PowerPoint Presentation

5.3 Hearing to consider a proposal to amend the Downtown Specific Plan regarding outdoor dining, outdoor dining guidelines, and amend the Livermore Municipal Code, adding Chapter 5.6, Outdoor Dining Permit, to establish an Outdoor Dining Ordinance, including a permitting process.

Material: Planning Commission Draft Minutes and PowerPoint Presentation

7.0 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, Council Members.

Material: Council Reports
716

9.1 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. (Two cases)

1. Tolbert v. Livermore, et al., United States District Court for the Northern District of California, Case No. 4:21-cv-05174-YGR

2. Save the Hill Group v. Livermore, et al, California Court of Appeal, First Appellate District, Division Five, Case No. A161573; Alameda County Superior Court Case No. RG19020186

Material: Public Comment Received

DISCUSSION

ATTACHMENTS

1. Supplemental Materials

Prepared by: Debbie Elam
Deputy City Clerk

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
717
City of Livermore
Water Rate Study
Public Hearing: April 11, 2022
Study Goals
City at end of adopted rates. Develop financial plan for next 5 years and beyond
Develop model with updated consumption analysis and
financials
Develop equitable rates that meet industry standards
while complying with Proposition 218
Prepare a comprehensive administrative record
Main Objectives
2 Item 5.1
PowerPoint Presentation
718
Financial
Plan
Reserve Funding
Account for unforeseen risks through
well established reserves
Expense Projections
Account for cost escalations by expense
category, water supply expenses, and
debt obligations
Capital Projects
Account for anticipated capital
improvement plan (CIP). CIP may range
from depreciation up through asset
management plan
Revenue Projections
Account for rate revenues, other
operating revenues, and non-operating
revenues
Water Demand
Account for expected changes in total
sales, growth, as well as changes in
usage patterns
Financial Plan Summary
Factors Impacting the Financial Plan
3 Water Enterprise Financial Position - Operating
Current Rates
4 Financial Plan Metrics
¾Generate positive annual operating net
income
¾Comply with debt covenants
Item 5.1
PowerPoint Presentation
719
Water Enterprise Financial Position - Capital
Current Rates
5 Financial Plan Metrics
¾Generate positive annual operating net
income
¾Comply with debt covenants
¾Sufficiently fund capital needs
Water Enterprise Financial Position - Reserves
Current Rates
6 Financial Plan Metrics
¾Generate positive annual operating net
income
¾Comply with debt covenants
¾Sufficiently fund capital needs
¾Meet reserve targets
¾Ending balance reduced by capital spending
Item 5.1
PowerPoint Presentation
720
Water Enterprise Financial Review
Current Rates
7 Results from Review
¾Maintain positive net income in future years
¾Ongoing capital replacement needs is primary driver
¾Additional revenues needed to continue replacement program while maintaining healthy reserves
¾No revenue increase in FY 2023
Rates adjusted to reflect updated usage trends and cost-of-service analysis ¾Modest adjustments of 1% revenue increase each year
from FY 2024 – FY 2027
Proposed Financial Plan - Operating
10-Year Planning Period
8 Proposed Financial Plan
¾Positive annual operating net income
¾Comply with debt covenants
¾Fund capital schedule
¾Meet reserve targets
Item 5.1
PowerPoint Presentation
721
Proposed Financial Plan - Reserves
10-Year Planning Period
9 Proposed Financial Plan
¾Positive annual operating net income
¾Comply with debt covenants
¾Fund capital schedule
¾Meet reserve targets
¾Reserves satisfy minimum requirement
Revenue
Requirements
Cost-of-Service
10 Item 5.1
PowerPoint Presentation
722
Rate Design
¾Maintain current rate structure for Single-Family Residential 2-tiered rate structure
¾Adjust Multi-Family Residential from 2 tiers to uniform rate Eliminates tracking dwelling units served by each master meter ¾Fixed / Variable Recovery
Maintain fix charge recovery at ~45%
¾Continue using pass-throughs for purchased water costs from Zone 7 Zone 7 Fixed Charge
Zone 7 Variable Rate
Structure
11 12
Cost-of-Service
FY 2023 Cost Components for Rate Development
Fixed Components
45%
Variable Components
55%
Item 5.1
PowerPoint Presentation
723
FY 2023 City Service Charges
City Monthly Fixed Charge Components
13 EExisting
$22.85
$30.46
$22.85
$45.66
$83.68
$98.89
$129.31
$152.12
$338.42
$577.95
$1,224.29
$2,136.79
$3,201.35
$3,838.11
City Service Charges: FY 2023 – FY 2027
Proposed Monthly Fixed Charges
14 Item 5.1
PowerPoint Presentation
724
FY 2023 Zone 7 Fixed Charges
Zone 7 Monthly Fixed Charges
15 Subject to pass-throughs
in future years
FY 2023 Dedicated Fire Line Charges
Monthly Fixed Charges
16 DDiameterr
Inch
DDedicatedd Firee Linee
Charge
[[A][B]] == $2.022 xx A
5/8"0.63$1.27
3/4"0.75$1.52
1"1.00$2.02
1 1/2"1.50$3.03
2"2.00$4.04
3"3.00$6.06
4"4.00$8.08
6"6.00$12.12
8"8.00$16.16
10"10.00$20.20
12"12.00$24.24
CConnectionn
Size
Item 5.1
PowerPoint Presentation
725
Dedicated Fire Line Charges: FY 2023 – FY 2027
Proposed Monthly Fixed Charges
17 FFiree Linee Chargess ($/Month)
CConnectionn Size FYY 2023 FYY 2024 FYY 2025 FYY 2026 FYY 2027 5/8"$1.27$1.29$1.31$1.33$1.35
3/4"$1.52$1.54$1.56$1.58$1.60
1"$2.02$2.05$2.08$2.11$2.14
1 1/2"$3.03$3.07$3.11$3.15$3.19
2"$4.04$4.09$4.14$4.19$4.24
3"$6.06$6.13$6.20$6.27$6.34
4"$8.08$8.17$8.26$8.35$8.44
6"$12.12$12.25 $12.38 $12.51 $12.64
8"$16.16$16.33 $16.50 $16.67 $16.84
10"$20.20$20.41 $20.62 $20.83 $21.04
12"$24.24 $24.49 $24.74 $24.99 $25.24
FY 2023 - Variable Charges
Variable Rate Components
18 TTierr
Allotments
DDelivery Peaking RecycledFYY 20233 Proposedd
Variablee Rate
(CCF)[A][B][C][D]] == AA ++ BB ++ CC
Single-Family
Tier 17$0.96 $0.39 $0.00$$1.35
Tier 2> 7$0.96 $0.99 $0.00$$1.95
Multi-Family(Uniform)$0.96 $0.62 $0.00$$1.58
Non-Residential(Uniform)$0.96 $0.59 $0.00$$1.55
Irrigation(Uniform)$0.96 $0.80 $0.00$$1.76
Recycled(Uniform)$0.96 $0.83 $0.95$$2.74
Customerr Class
¾Zone 7 Variable Rate = $2.06

Existing
$1.25
$1.74
$1.25
$1.35
$1.74
$3.30
Item 5.1
PowerPoint Presentation
726
Variable Charges: FY 2023 – FY 2027
Proposed Variable Rates
19 DDistributionn Ratess ($/CCF)
CCustomerr Class FYY 2023 FYY 2024 FYY 2025 FYY 2026 FYY 2027 SSingle-Family
Tier 1$1.35$1.39$1.43$1.47$1.51
Tier 2$1.95$2.00$2.05$2.10$2.15
Multi-Family$1.58$1.62$1.66$1.70$1.74
Non-Residential$1.55$1.59$1.63$1.67$1.71
Irrigation$1.76$1.80$1.84$1.88$1.92
Recycled$2.74$2.77$2.80$2.83$2.86
¾Zone 7 Variable Rate = $2.06
Subject to pass-throughs in future years
TThankk You
Andrea Boehling
IB Consulting
Principal | Managing Partner
Phone: 615-870-9371 | Email:[email protected] 20 Habib Isaac
IB Consulting
Principal | Managing Partner
Phone: 951-595-9354 | Email:[email protected]
Item 5.1
PowerPoint Presentation
727
1 Introduction of an Ordinance related
to a Military Equipment Policy
April 11, 2022
Presented by Jason Boberg, Captain
Why is this Important Right Now?
• AB481 requires California law enf orcement agencies to present an equipment policy for Council consideration at a public hearing • AB 481 requires Council oversight related to the funding, acquisition, and use of certain types of equipment, deemed ‘military equipment’ by the legislation
1 2
Item 5.2
PowerPoint Presentation
728
2 AB 481 Identified Equipment Used by Livermore PD
Used by Allied Agencies
(may be shared with
Livemore PD )

1. Weaponized aircraft, vessels, or
vehicles of any kind No No

2. TASER shockwave, microwave
weapons, water cannons, and LRADs No No

3. Any firearm or accessory designed to
launch explosive projectiles No No

4. Tracked armored vehicles No Yes

5. Fi rearms of .50 caliber or greater No Yes

6. Battering rams, slugs, and breaching
apparatuses that are explosive in nature No
Yes

7. Vehicle with breaching apparatus No Yes

8. Firearms identified as assault
weapons Yes Yes

9. Noise‐flash diversionary devices and
explosive breaching tools Yes (noise‐flash only)
Yes (noise‐flash and
explosive breaching tools)

10. M
unitions containing tear gas/OC
(pepper spray) Yes Yes

11. Kinetic energy weapons/munitions Yes Yes

12. MRAP or armored vehicle Yes (armored only) Yes (armored only)

13. Command Vehicle Yes Yes

14. Unmanned aerial or ground vehicles Yes (ground only) Yes How does AB481 Actually Define Military Equipment?
What does Military Equipment Look Like in
Livermore?
3 4
Item 5.2
PowerPoint Presentation
729
3 Livermore PD’s Armored Rescue Vehicle
What is Inside of the Armored Rescue Vehicle?
5 6
Item 5.2
PowerPoint Presentation
730
4 Community Outreach Vehicle
What is Inside of the Community Outreach Vehicle?
7 8
Item 5.2
PowerPoint Presentation
731
5 What is an Unmanned Ground
Vehicle?
What does an Assault Weapon Look Like?
9 10
Item 5.2
PowerPoint Presentation
732
6 What are Kinetic Energy Weapons?
FN303
Bean Bag Shotgun System
11 12
Item 5.2
PowerPoint Presentation
733
7 40mm Kinetic Energy Launcher System with
Foam‐Tipped Munitions
What are Noise-Flash Diversionary Devices and
CS Smoke?
13 14
Item 5.2
PowerPoint Presentation
734
8 What does a Battering Ram or Breaching
Apparatus look like?
How does the Military Equipment Policy
Relate to Overall Department Operations?
• The department’s use of force policy applies to all force options • Individual policies related to each ty pe of equipment define when and how the equipment may be used
• Staff are continuously trained on the use of all equipment they are authorized to use
• Many of the identified equipment items will continue to be used only by personnel with specialized training (SWAT team)
15 16
Item 5.2
PowerPoint Presentation
735
9 How will this New Law Impact Future City Operations?
• It requires that an annual report be s ubmitted to and considered by Council • It requires that the Police Departm ent host a community engagement meeting after publishing the annual report
• It requires the police department to post t he policy, inventory, and a Q&A portal to its website
• This was completed on March 3, 2022
• It requires that the funding and acquisi tion of designated items be approved by Council
Questions?
17 18
Item 5.2
PowerPoint Presentation
736
Item 5.3
Draft PC Minutes

PLANNING COMMISSION MINUTES 1 April 5, 2022
DRAFT

PLANNING COMMISSION

MEETING MINUTES

April 5, 2022

5.2 Hearing to consider a proposal to amend the Downtown Specific Plan regarding outdoor dining, outdoor dining guidelines, and amend the Livermore Municipal Code, adding Chapter 5.60, Outdoor Dining Permit, to establish an Outdoor Dining Ordinance.

Recommendation:

Staff recommends the Planning Commission recommend that the City Council adopt resolutions finding the project is within the scope of the 2003 General Plan and Downtown Specific Plan Environmental Impact Report and the 2009 Subsequent Environmental Impact Report for the Downtown Specific Plan Amendments and finding that the project is exempt from review under the California Environmental Quality Act (CEQA), adopt a resolution approving Specific Plan Amendment (SPPA) 22- 002 for changes to the outdoor dining standards and guidelines in the Downtown, and adopt a resolution recommending t he City Council approve Municipal Code Amendment (MUNI) 22 -001 to establish an ordinance for Outdoor Dining Permits.

Kam Purewal, Associate Planner, presented the item.

Chairperson Dunbar opened the public comment period.

Ruby Lopez Villareal, Executive Director, Livermore Downtown, Inc. writes: “Hello and good evening. My name is Ruby Lopez Villareal. I’m the new Executive Director of Livermore Downtown, Inc. We would like to express our appreciation to the City of Livermore for their on -going support. The City hosted several meetings in which all various industries within our downtown were invited. Those with concerns had multiple opportunities to voice their concerns and their support. Livermore Downtown, Inc. and the LDI Board agree that this outdoor dining plan is within the best interests of all the merchants; that it will keep parking balanced for all downtown merchants while still meeting the outdoor dining needs. Thank you for your time, and I’m looking forward to meeting you all downtown soon. Have a good evening.”

737
Item 5.3
Draft PC Minutes

PLANNING COMMISSION MINUTES 2 April 5, 2022
DRAFT

Commissioner Stein asked if there are any limitations of what can go into the outdoor dining area beyond chairs, tables and umbrellas, such as a warming station, serving area, etc. He also asked about the Flagpole Plaza and asked how much of it will be restored to public access.

Mr. Purewal replied Chapter 6 provides design standards for the flex zone which allows for tables and chairs, but staff has not explored other items that could be put in there such as warming stations, but can consider this and others in the future. Regarding the Flagpole Plaza, staff is working with the landscape consultant to explore that area.

Mr. Stewart added that the conditions for outdoor dining permits also require compliance with the Department of Health and ABC provisions, which may require cleaning or busing staging areas, so staff can look at that. They are also looking at live music as the next compatibility matter to review and will be returning to the Commission and Council later in the summer.

Lastly, they are working with Gates Associates to develop options at the Flagpole Plaza that looks at alternatives and will be meeting with stakeholders and others. They intend to have the design for that finished by the end of the summer to get it implemented in the off season next year so when they return, it will be ready to accommodate uses for the next season.

Commissioner Stein asked about the ratio of interior to exterior seating and requiring some balance. He also asked if staff has looked into relocating some of the trellises on First Street which are obscured by trees in mid-block areas and move them to Stockmen’s Park or further to the west along First Street.

Mr. Stewart replied staff has not explored moving the trellises and in fact, new ones will be installed along the Legacy project on the north and south sides, although not the larger trellises. Staff does not have a capital project and this would need to be programmed into the CIP.

Regarding seating balances, this is generally controlled by the amount of linear frontage that would allow one space or two, with permission from the adjacent tenant and property owner.

Commissioner Branning said given the season this will be open for, heating might be a requirement on the tail end, but shade might be an issue for some of the businesses, and umbrellas seem fine but asked if there are rules for shade.

Mr. Purewal said solid colored umbrellas are allowed without corporate logos, but the business could brand their own umbrellas, and tents are not allowed.

738
Item 5.3
Draft PC Minutes

PLANNING COMMISSION MINUTES 3 April 5, 2022
DRAFT

Commissioner Branning asked and confirmed there is ADA access downtown where outdoor dining will be, and Mr. Purewal described the provision for a 5 foot corridor for pedestrians as well as a current City project to improve ramps to make them ADA - compliant.

Commissioner Branning said he thinks staff carefully balanced the project with the needs of the businesses, but thinks there may be some unknowns. He suggested the City needs to set a date for this to return to the Commission in 2 to 3 years so it provides time with the fee structure in place. The City knows supply and demand of restaurants has and will continue to change, citing varying practices of take- out and pickup, parking needs, and thriving patterns with closed streetscapes and walkable areas, hence his suggestion to have this return to assess the fee structure, demand and behaviors in the future.

Vice Chairperson Lear y said the percent of the stalls seems to be the same as pre - pandemic or 25% and asked if the City is locked into this.

Mr. Purewal said staff did not change the 25% rule because it could result in other implications and require additional studies. Howev er, if outdoor dining does explode in the next couple of years, staff could look into this to assess the percentage. For this year and 2023, staff decided to keep it at 25% to balance the need for parking for all in the downtown.

Mr. Stewart added that one of the benefit of a relatively small downtown district within a very active downtown association is that staff hears feedback daily and if the demand and environment is greater and needs improvement or the opposite is experienced, code enforcement can be implemented. However, staff can be nimble and meet demands over time of whatever the experience and can adjust as needed.

Vice Chairperson Leary asked if the Fire Department has been involved in the process and are aware of the side streets being added.

Mr. Purewal said yes, they have been involved pre- pandemic and during the pandemic, and their role was to review tent permits, ensure outdoor heaters and equipment meets code and complies with safety requirements. As far as streets, the Building Division is involved and no comments were received from them, but they are aware of the program.

Vice Chairperson Leary said right now ADA stalls are positioned for areas where people access buildings, and he asked if there could be a way to reor ganize them, depending where outdoor dining is located.

Mr. Purewal said staff is not planning to use ADA spaces for outdoor dining or relocate them. It is because they want downtown to be accessible for everyone. Right now, they plan on keeping the ADA s paces and in the future they can look at the program to find other locations that might be suitable.
739
Item 5.3
Draft PC Minutes

PLANNING COMMISSION MINUTES 4 April 5, 2022
DRAFT

Mr. Stewart added that in conjunction with Risk Management, City Attorney’s Office, the Community Development Department conducted an audit of the City’s compliance with ADA and the City is about 60% of the way through the design phase for upgrading existing spaces, which will include new ramps, new configurations on McCloud, J and K Streets, and also will be an opportunity to replace aging streets, as well. Staff can share this as it evolves.

Vice Chairperson Leary referred to McCloud and asked if there is outdoor dining there.

Mr. Purewal said currently no restaurants that have outdoor dining but staff hopes to plan for the future in case there are moving forward.

Vice Chairperson Leary said given evening weather, more outdoor dining is a plus and he is optimistic it will continue to be successful.

Chairperson Dunbar referred to the planters on J and K and said some of the rebar is coming out of these and asked that these be addressed. He referred to the Sub- Area 3 definition on page 13 which is unclear and outdated which states, “The south side of Railroad Avenue including performing arts theater and plaza.” He said staff is cleaning up outdoor dinin g guidelines, and he noted portable heaters are allowed and asked for staff’s thoughts on requirements for them to be operated a minimum number of hours and days per week. It was also not clear as to whether they operate in the flex zone or sidewalk area, so it may be for both.

Mr. Purewal said it is for both. These are valuable parking spaces and if restaurants are applying to use them for the flex zone, there should be a minimum number of hours they are being used. If not used for a certain amount then t he parking spaces could be used for visitors in the downtown, and this was the rationale for it.

Chairperson Dunbar referred to portable heaters again and the environment. For those on the sidewalk level adjacent to the building he asked to consider whether electric heaters could be allowed in that condition and ensure the wiring would not cause safety issues.

Regarding fencing requirements, it states “Fencing shall be designated of wrought iron or cast aluminum and should not exceed 36” in height. He thinks that moving forward this should be more prescriptive for more ornamental, painted black, or just to avoid event - type unpainted stainless steel seen today.

Lastly, he referred to ADA and said the City is changing the requirements from 6 feet to 5 feet for path width, and he asked staff to describe the mitigating factors.

740
Item 5.3
Draft PC Minutes

PLANNING COMMISSION MINUTES 5 April 5, 2022
DRAFT

Mr. Stewart explained that staff proposed reducing the clearance from 6 to 5 feet which is still 1 foot in excess of the ADA minimum of 4 feet. One aspect merchants and staff continues to work on where often times people setting up the tables do not pay attention, so they will push out and intrude into the path.

He noted Neighborhood Preservation staff have been actively walking the districts and reminding businesses they need to have that minimum clearance. With street furnishings, streetlights, trash receptacles, benches, kiosks, 5 feet seems to be the most practical and the ordinance will enable enforcement of that. If there are businesses that continue to encroach on that, staff will work with them before it gets to a point to consider revoking their permit.

Chairperson Dunbar referred to the public comment received prior to the meeting and said it talked about lowering the requirement as a percentage and not expanding. They also talked about one particular flex zone areas which were two separate businesses right next to each other. He asked if it is possible these co uld be combined through an agreement between the two businesses.

Mr. Purewal said this is possible if the businesses agreed, but the City would not require this. Staff again will be monitoring the area to ensure the spaces are being utilized, and if not, they can explore other options. Mr. Stewart added that ABC often will require an individual business to have sole control over the area they are serving.

Chairperson Dunbar asked for final comments.

Commissioner Branning cited the diversity of small businesses and he asked for whatever the City can do to support them, and this program will assist in that, to be nimble, keep abreast of demand and revisit it in the future, and voiced support.

Commissioner Stein voiced support of staff recommendations and thinks the City is moving in the right direction and supports review in 2 to 3 years.

Chairperson Dunbar thanked Executive Director Lopez Villareal of the Livermore Downtown, Inc. for being here, looks forward to meeting her in person, agrees with comments and voiced support of the recommendation.

741
Item 5.3
Draft PC Minutes

PLANNING COMMISSION MINUTES 6 April 5, 2022
DRAFT

MOTION BY BRANNING, SECONDED BY STEIN, TO ADOPT RESOLUTIONS FINDING THE PROJECT IS WITHIN THE SCOPE OF THE 2003 GENERAL PLAN

AND DOWNTOWN SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT AND THE 2009 SUBSEQUENT EN VIRONMENTAL IMPACT REPORT FOR THE

DOWNTOWN SPECIFIC PLAN AMENDMENTS AND FINDING THAT THE PROJECT

IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA), ADOPT A RESOLUTION APPROVING SPECIFIC PLAN AMENDMENT (SPPA) 22 -002 FOR CHANGES TO THE OUTDOOR DINING

STANDARDS AND GUIDELINES IN THE DOWNTOWN, AND ADOPT A

RESOLUTION RECOMMENDING THE CITY COUNCIL APPROVE MUNICIPAL CODE AMENDMENT (MUNI) 22 -001 TO ESTABLISH AN ORDINANCE FOR

OUTDOOR DINING PERMITS, AND INCLUDE A REQUIREMENT FOR A REPORT BY STAFF TO RETURN TO THE PLANNING COMMISSION WITHIN THREE (3) REGARDING THE PROGRESS OF THE PROJECT.
742
1 City Council
April 11, 2022
Specific Plan Amendment (SPPA) 22-002;
Municipal Code Amendment (MUNI) 22-001
Background
• 2004 – Council adopted
the Downtown Specific
Plan (DSP)
• 2020 - 2021 – Pandemic
(No Indoor Dining)
• 2022 – Expand Outdoor
Dining - Specific Plan
Amendment and
Municipal Code
Amendment
1 2
Item 5.3
PowerPoint Presentation
743
2 Specific Plan Amendment
District 1: First Street from M Street to Livermore Avenue and J and K Streets District 2: First Street from Livermore Avenue to Maple Street and McLeod Street
Specific Plan Amendment
Chapter 1 – Orientation
Chapter 2 – Existing Conditions
Chapter 3 – Revitalization Strategy
Chapter 4 – Land Use and Development Policies
Chapter 5 – Development Standards – Core
Chapter 6 – Design Standards and Guidelines
Chapter 7 – Circulation and Transportation
Chapter 8 – Parking Standards
Chapter 9 – Public Utilities and Infrastructure
Chapter 10 – Implementation
Chapter 11 – Financing
3 4
Item 5.3
PowerPoint Presentation
744
3 Municipal Code Amendment
• Outdoor Dining Permit Ordinance - Chapter 5.60
• Establishes
• Rules and regulations
• Application process and procedures
• Enforcement
Cost
• Fees for Flex Zone in 2022 will be waived
• 2023 Proposed fees:
• One-time Damage Deposit: $400 (refundable)
• Eligible landscaped areas, parking stall co rners, and parking spaces - $1.00/ s.f. • 1 Flex Zone space - $187 monthly; $1,500 per season (March to October) • 2 Flex Zone spaces - $374 monthly; $3,000 per season (March to October) • Parking enforcement/ maintenance
5 6
Item 5.3
PowerPoint Presentation
745
4 Recommendation
Planning Commission and staff recommend the City Council:

1. Adopt Resolutions finding that the proj ect is exempt from review under the California Environmental Quality Act (CEQA) and the project is consistent with the previous environmental documents including the 2004 Program EIR and the 2009 Final Subsequent Environmental Impact Report for the 2003 General Plan and Downtown Specific Plan;

2. Adopt a Resolution approving Spec ific Plan Amendment 22-002, amending provisions of the Downtown Specific Plan;

3. Introduce an Ordinance amending Title 5, adding Chapter 5.60 Outdoor Dining Permit, of the Livermore Municipal Code.

4. Direct staff to file a Notice of Determination and a Notice of Exemption consistent with the provisions of the California Environmental Quality Act. 7 Item 5.3
PowerPoint Presentation
746
Council Member
Committee
Meeting
Date Committee Agenda Link Meeting Type Committee Report: Summary Mayor Woerner 3/31/2022 Valley Link https://www.valleylinkrail.com/board‐of‐directors Hydrogen Proof of Concept
Coordination
Mayor Woerner 4/1/2022 East Bay Regional Communications System Authority http://www.ebrcsa.org/meetings.page Board Meeting Mayor Woerner 4/6/2022 Livermore Chamber of Commerce Business Alliance Mayor Woerner 4/6/2022 Alameda County Health Care Servcies Agency Elected Officials COVID Update San Pablo Ave. Corridor agenda item
worth reviewing.

Mayor Woerner 4/6/2022 Valley Link https://www.valleylinkrail.com/board‐of‐directors Board Meeting Mayor Woerner 4/6/2022 Valley Link https://www.valleylinkrail.com/board‐of‐directors Ad Hoc ‐ Sustainability Item 7.0
Council Reports
747
Council Member
Committee
Meeting
Date Committee Agenda Link Meeting Type Committee Report: Summary Vice Mayor Bonanno 3/28/2022 Livermore‐Amador Valley Transit Authority https://www.wheelsbus.com/meeting/projects‐and‐
services‐committee‐meeting‐76/
Projects and Services
Committee
Vice Mayor Bonanno 3/30/2022 Alameda County Transportation Commission (ACTC) https://d3n9y02raazwpg.cloudfront.net/alamedact
c/312a4022‐ab8e‐11ec‐8a90‐0050569183fa‐
73b04346‐5a05‐4a37‐8df1‐a5bcb2f23a5e‐
1648586772.pdf ACTC Strategic Retreat
Vice Mayor Bonanno 4/4/2022 Livermore‐Amador Valley Transit Authority https://www.wheelsbus.com/meeting/board‐of‐
directors‐meeting‐100/ Board
Board approve wage increase and
bonus program for operators and other
staff due to help address retention and
operator shortages. Also began process
of recruitment process for new LAVTA
Executive Director.

Vice Mayor Bonanno 4/7/2022 Downtown Subcommittee Subcommittee Item 7.0
Council Reports
748
Council Member
Committee
Meeting
Date Committee Meeting Type Committee Report: Summary
Council Member Carling 3/29/2022 Pleasanton Mayor's State of the City address Online Event Council Member Carling 3/31/2022 Bay East Association of Realtors Presentation Discussion on housing in the state Council Member Carling 3/31/2022 League of California Cities East Bay Division Meeting Dinner with report from local state
senator and assembly members
Item 7.0
Council Reports
749
Council Member
Committee
Meeting
Date Committee Agenda Link Meeting Type Committee Report: Summary Council Member Munro 3/31/2022 Bay East Association of Realtors Presentation Presentation on 2022 Housing Market
and Economic Forecast
Council Member Munro 3/31/2022 Mayor's Report for TV30 https://www.tri‐valleytv.org/?q=node/45 Recorded public television show Report on items of interest for the city Council Member Munro 3/31/2022 League of California Cities East Bay Division Meeting Division Meeting and Legislative Report Council Member Munro 4/1/2022 East Bay Community Energy Joint Powers Authority https://ebce.org/meetings/marketing‐regulatory‐
and‐legislative‐subcommittee‐4‐1‐22/
Marketing, Regulatory and
Legislative subcommittee
Council Member Munro 4/6/202 2 Livermore Cultural Arts Council LCAC membership meeting Council Member Munro 4/7/2022 East Bay Community Energy Joint Powers Authority Special Board Meeting Item 7.0
Council Reports
750
From: Emma Olenberger
To: Cityclerk - Livermore
Subject: Letter to City Council for 4-11-2022 Meeting
Date: Sunday, April 10, 2022 7:11:09 PM
Attachments: Letter to City Council 4-11-2022.doc
Hello,
Please accept this letter to be included as public comment in the 4-11-2022 City Council.

Thank you,
Wes Eacret
Emma Olenberger
, Livermore
Item 9.1
Public Comment Recevied
751

Re: Garaventa Hills Project

April 10, 2022

Dear Mayor and Council:

With no current approved project for the Garaventa Hill, The City has the perfect opportunity to begin the process of keeping this land as open space. Garaventa Hill represents a key parcel in the grander scheme of this geographic area of the knolls and Brushy Peak. Interconnected with the surrounding areas that are already designated as OSP Parks, Trail Ways, Recreation Corridors and Protected Areas, it has a rare biodiversity, special ecosystem, and hydrology that runs within the veining, connecting the Garaventa Hill to the surrounding protected Garaventa Wetlands Preserve and downstream to the protected Springtown Wetlands Preserve. We know firsthand that wildlife uses it as a corridor because we routinely see fox, coyote, and wild turkey pass through the open space. We see birds of prey soaring overhead. In fact, we had a resident great horned owl roost in our tree last summer and we are sure Garaventa Hill is part of their hunting grounds.

To lose this important piece of the puzzle would be a shame. Please strongly consider rezoning this parcel to open space. Please seek alternate funding sources if necessary, looking at the Altamont and Vasco Landfill Funds and/or the Dougherty Valley Open Space Funds. I am certain L.A.R.P.D and E.B.R.P.D. would be interested in helping manage this unique parcel of land and preserving it for all of Livermore to enjoy.

Thank you for your time and consideration in keeping the Livermore knolls intact for its biodiversity importance and for generations to come and enjoy.

Best regards,

Wes Eacret
Emma Olenberger
Livermore

Item 9.1
Public Comment Recevied
752

CITY COUNCIL STAFF REPORT
ITEM NO. 11.2

DATE:

April 11, 2022
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Supplemental materials received at the meeting.

RECOMMENDED ACTION

SUMMARY

DISCUSSION

ATTACHMENTS

1. Items Received at the Meeting

Prepared by: Debbie Elam
Deputy City Clerk

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
753
- "',., .

ANNU ALPOETLAUREATEREPORT
Delivered by Poet Laureate Cynthia Patton
April 11, 2022
It is my honor to update you on my activities as Livermore's 4th Poet Laureate. Now in my 5th and final year, it is amazing to reflect on how much has happened. All things considered, I think the year turned out well. Here's a recap of what's occurred since my last annual report.

Poetry in a Test Tube: Livermore's 5th Annual Science Poetry Contest launched in February 2021, and once again had record submissions. The contest has become surprisingly competitive but is still tremendously fun. Last year, as we rode out the second surge, it definitely served a community need. The 6th contest is currently underway, and I believe we are on track to break submission records once again-particularly in the youth and middle school divisions.

Also in February 2021, I hosted a social justice poetry reading as part of Livermore Reads Together. Three phenomenal poets of color read their work, followed by an incredible Q&A. In March, I hosted a virtual award ceremony and reading for the science poetry contest. In April, I did a virtual reading for National Poetry Month, and in May, I concluded another year of Teen Poet of the Month and participated in a Poets Laureate panel as well as a slam poetry workshop and poetry slam for the first ever Las Positas College Literary Arts Festival. I also created a ten minute video for the City's All-America City Award that features four of the poems I've written as Poet Laureate.

Last summer I intended to relaunch the Whistlestop Writers Open Mic in person, but learned that Swirl on the Square--our longtime home--was no longer open on Wednesdays. This triggered a search for a new venue that has continued, on and off, until today.

In August, I participated in LCAC's community planning workshop, representing the literary arts. This lead to me being asked to serve on an ad hoc committee that met through the fall and winter to re-envision LCAC's purpose, mission statement, and organizational structure. I wanted to explore how LCAC could better serve individual artists and writers, and I'm happy to say the results exceeded my expectations. I'm excited to see how LCAC evolves in the future.

In September, I was awarded a contract with Art Builds Community to offer a series of art and poetry workshops throughout Livermore as a means to collect feedback for the City's Cultural Arts Vision. I created a project called The Hidden Heart. Participants responded to a series of prompts to create a poem about their heart. Each line of the poem was written on paper strips that were then decorated and rolled into paper beads, hiding the poem inside. Participants used these paper beads, along with other beads we provided, to create a meaningful necklace or bracelet.

With the help of a few volunteers, I conducted six workshops: Rincon and Civic Center Libraries, Del Valle High School, Hagemann Ranch, the Filipino Barrio Fiesta, and the Batch Makers Market. Each workshop felt healing and even a bit magical. I was sad to see them end.

Poet Laureate Annual Report 2022 Page I of 4
Item 2.3
Annual Update
754
Last summer, Anne Giancola and I began discussing how to do another ekphrastic exhibit. It took us five months to pull off, but in January 2022, Double Take: Art and Literature Side By Side opened in the Bankhead Theater Lobby. We literally filled the Bankhead with art paired with poetry, flash fiction, and micro essays. Anne and I hosted two receptions where I coordinated and lead a "poetry walk" with writers reading their work in front of the art that inspired it. I am so proud of that exhibit, and hope everyone had a chance to see it. But if not, we now have a companion book that preserves the exhibit and all its creative inspiration. You can purchase one on Amazon or at the Bankhead when it's open.

In February, I prepared an application for an Academy of American Poets Laureate Fellowship.

It's a long shot, but why not? In March, I partnered with the Livermore Library on Livermore Reads Together. To celebrate autism and the book, The Reason I Jump, I hosted a prose and poetry reading with fellow autism mothers, interviewed Dr. Temple Grandin, participated in a Q&A with Annette and Matteo Musso, and coordinated an autistic art and poetry exhibit for the Library's gallery space. If you didn't see it in March, the exhibit will be displayed again as a pop-up at the Bothwell Arts Center before it becomes a traveling exhibit.

Going forward, I already mentioned Poetry in a Test Tube: Livermore's Science Poetry Contest.

I've extended the deadline for submissions until Tuesday, April 19th. The Award Ceremony and Reading will take place in person on May 21st at the Civic Center Library at 2 p.m. I'm hoping to do an in-person reading for National Poetry Month at the Bankhead Theater. Teen Poet of the Month continues through May. That month I'll also be helping to select the next Poet Laureate and participating in a poetry reading hosted by Patagonia in San Francisco.

In June, I'll serve once again as a poetry judge for the Alameda County Fair. I'll host an open mic and teach a free workshop on Poetry Day at the Fair. I'll also read at Towne Centre Books in Pleasanton along with the Dublin and San Ramon Poets Laureate. Lastly, I'll be doing cowboy poetry again at Hagemann Ranch and helping our new Poet Laureate launch our marque event Verse & Vine: Poetry in Livermore Wine Country (formerly the Ravenswood Poetry Series).

It's been an honor to serve as Livermore's Poet Laureate. Thank you for five amazing years.

Poet Laureate Annual Report 2022 Page 2 of 4
. .

Item 2.3
Annual Update
755
...

ACTIVITY SUMMARY
My infamous spreadsheet crashed and died two years ago. This summary replaces it. Since I was installed as Poet Laureate in 2017, I have:
• Written 37 poems for civic events and public art installations. Eleven additional pandemic poems were created as part of the Pandemic Poetry Project, bringing the total to 48. • Hosted 66 open mies, in person and virtual.
• Gave more than 30 poetry readings in Livermore and throughout the greater Bay Area from 2019 to 2022.
• Prepared and distributed a monthly literary arts newsletter. • Coordinated 30 Teen Poet of the Month contests. Have finally reached students (and teachers) at all 4 high schools. Received an incredible 60 submissions in May 2019 ! ! • Held an Award Ceremony and Reading for the Teen Poet of the Month program, then switched to award certificates which the students enjoy far more. • Coordinated 5 Science Poetry Contests with award ceremony and reading. • Hosted 2 Poetry Corners at the LVJUSD Science Odyssey in 2019 and 2020. • Gave 6 readings at the Livermore Civi9 Center Library. Topics included autism, social justice, and the pandemic. Hosted 2 literary events and attended 15 additional events. • Coordinated and hosted 8 quarterly Poetry at Ravenswood events with some phenomenal poets, including many women and poets of color.
• Curated and performed 3 cowboy poetry events at Hagemann Ranch in 2017, 2018, and 2019.
• Served as Poetry Judge at the Alameda County Fair in 2018 and 2019. • Hosted Poetry Day at the Fair, which included an open mic and free poetry workshop, in 2018 and 2019.
• Recruited artists (along with Anne Giancola of the Bothwell Center) as well as 9 poets for the Worth A Thousand Words Exhibit held at the Bankhead Theater from 10/30/2019 to 1/6/2020. Curated a related exhibit that displayed all of the Teen Poet of the Month winners and honorable mentions for the 2018/2019 academic year. • Lead a "Poetry Walk" at the opening and closing receptions for the Worth A Thousand Words Exhibit
• Recruited artists (along with Anne Giancola) as well as 35 poets and writers for the Double Take: Art and Literature Side By Side Exhibit held at the Bankhead Theater from 1/5/2022 until 3/27/2022.
• Coordinated and lead a "Poetry Walk" at the opening and closing receptions for the Double Take Exhibit.
• Produced and edited the companion book, Double Take: Art and Literature Side By Side, available on Amazon.
• Created a ten-minute video on the Livermore Poet Laureate Program, featuring four of the poems I've written as Poet Laureate.
• Participated in the Las Positas College Literary Arts Festival in May 2021.

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• Participated in the Poets Laureate on Social Justice Tour in Fall 2019, giving readings throughout Northern California focused on social justice issues. Cities included Sacramento, Stockton, San Francisco, Campbell, Berkeley, Corte Madera, and Livermore. • Assisted Carlie Wiedmeier, a fabulous English teacher at Del Valle High School, with an elective poetry class (that also served as remedial reading/writing). The class was a pilot project to see if we could get students interested in the state and national Poetry Out Loud competition. We didn't, but 10 underserved students learned how to read, analyze, deliver, and most importantly, enjoy a variety of challenging poems. I attended class every Thursday for 10 weeks to talk about poetry and coach the students. • Traveled to Southern California to attend the historic Gathering of Poets Laureate of California in October 2018.
• Attended the Gathering of Bay Area Poets Laureate in September 2019. • Was featured in the Pleasanton Weekly along with 2 ofmy pandemic poems, February 2021.
• Attended the statewide Creativity for Change Symposium hosted by California Poets in the Schools in August 2019, August 2020, and August 2021.
• Became an official Poet-Teacher with California Poets in the Schools in June 2021. • Represented Livermore at literary events throughout the Bay Area and beyond.

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Item Name Comment
3) CITIZENS FORUM Nathaniel Moore
Given the continuing drought here in California: Has the council considered re‐opening the water recycling program?
I'm aware that there were expense concerns last time, but the cost of the hard infrastructure like plumbing is already sunk.

The argument against it last time was, "Drinking water is cheaper." This argument fails because drinking water may not be available. Additionally, we currently pay to pump the treated water out into the bay. There's a cost associated with that action. Might as well put it to use here, instead of dumping it out.

Reduce, Reuse, Recycle. It's a good idea for water, too.

3.1) Public Comment Received Becky
Rhodes
I am Becky Rhodes, Political Director with the Alameda Labor Council. On behalf of our 140,000 members, we strongly urge the city to reconsider their proposals presented to firefighters. IAFF Local 1974 deserves a fair and equitable contract, similar to those offered to all other bargaining units in the City. Our firefighters risk their health and safety every day, and risk bringing covid back to their families. Our firefighters deserve better than what the city is proposing.

Item 3.0
eComments Received
758
Thank you all for your time today to speak with our team. We understand that the city of Livermore has previously considered supporting cannabis businesses in the community, and we feel at Livermore CannaMed Dispensary we are far different from the rest. We aren't here to just sell cannabis in Livermore; we are here to work towards and develop a long term, mutually beneficial relationship with the city of Livermore and support a growing industry. 1 Item 3.0
Public Comment Received759
•
Jim Johnson
•
Sherri Souza
Contact Information:

Jim Johnson - [email protected]
Sherri Souza - [email protected]
Steve Johnson - [email protected]
(408) 857-4592
•
Steve Johnson
We at Livermore CannaMed Dispensary are a startup cannabis company looking to open our business in Livermore.

We are aware that Alameda County has approved a cannabis establishment and people are going to flock there from the city to purchase their cannabis. This only means any local tax revenue is going to the county not the city of Livermore.
2 Item 3.0
Public Comment Received760
• •
Uplift the Livermore
community
• Provide opportunities for Livermore citizens
• Pay livable wage and competitive benefits
• Give a portion of profits back to the community in
areas that need it most
• Generate tax revenue for the city
As long-time Livermore residents, we want to establish a dispensary within city limits to ensure that this necessary tax revenue helps the city of Livermore. By establishing a dispensary here in Livermore this will give us the opportunity to hire Livermore residents and pay them a livable wage with competitive benefits. We at Livermore CannaMed Dispensary would like to establish a program with our employees to further assist the most vulnerable in our community as well as giving a portion of our profits back to the community in areas that need it most such as children that are food insecure or experiencing homelessness. Livermore's mission is all about uplifting the Livermore community and providing opportunities for its citizens while generating tax revenue for the city simultaneously.
3 Item 3.0
Public Comment Received761
• Security and Compliance is our top
priority
• Many security and safety measures
will be implemented as preventative
measures
• Mandatory training for all owners
and employees
• Inventory tracking and transparency
Livermore CannaMed Dispensary is comprised of a group of dedicated, active community members who are committed to operating a safe and successful cannabis dispensary within the City of Livermore, with a focus on Security and Compliance. The health and safety of the city of Livermore is of the utmost importance to us, and we believe the addition of Livermore CannaMed Dispensary will contribute to that. We understand that the cannabis industry has suffered hard lessons regarding safety and security in the past, but with that came increased security protocols and methods for mitigating danger and nefarious activity. Livermore CannaMed Dispensary is extremely proud of the many security measures that will be taken at our dispensary, including the use of panic sensors, cameras covering each square inch of the licensed facility, specified lock system, comprehensive standard operating procedures and training protocols for security, risk mitigation, and more. We believe in the value of stringent security regulations and the integrity of our proven and effective security protocols.
4 Item 3.0
Public Comment Received762
•100+ years of combined business
ownership
•Understanding of Livermore Communities
needs due to years of local government
involvement
•Years of philanthropy experience
•Seasoned leadership
•Working with expert cannabis industry
consultants
The Livermore CannaMed Dispensary leadership team has over 100 years of combined business experience with a deep understanding of Livermore community needs due to years of local government involvement. Our seasoned leadership team has years of philanthropy experience which is reflected in our goal of giving back to the community. In conjunction with our leadership team's experience, Livermore CannaMed Dispensary has also partnered with industry-leading cannabis consultants to provide extensive expertise in every critical area of cannabis operations.
5 Item 3.0
Public Comment Received763
• •
The city of Livermore sent out a survey to its citizens and received back over 300 responses that were overwhelmingly pro-cannabis. We are listening to what the citizens of Livermore want, and we at Livermore CannaMed Dispensary want to provide safe and secure access to cannabis products to the members of our community.
6 Item 3.0
Public Comment Received764
•
• In 2018, the city of Livermore decided to ban cannabis businesses. • City counsel determined designated green zones within the city. • Four years of successful years of adult-use cannabis industry in California
• Sales show growth year over year
• Livermore can create ordinances that reflect what other municipalities have done correct
In 2018, it was smart on Livermore's part to ban dispensaries if they were unsure of how to create regulations for it and did not want the state to make any decisions for them. Even though the city of Livermore banned cannabis businesses, the City Council at that time still determined where designated green zones would be within the city.

However, now there has been over four successful years of the adult multi-use cannabis industry in California with sales showing year over year growth within the state. Livermore can create ordinances that regulate the industry and have the ability to factor in what other municipalities have done right and what they have done wrong. 7 Item 3.0
Public Comment Received765
• Being a Part of the Solution ....
• The more munidpalities that opt-in to regulated cannabis businesses the more that is removed from the illicit market, where cannabis is not tested and ensured safe
• Security and compliance are of the utmost importance
• Post-Covid-19 Revenue and Jobs
• Generate much-needed tax revenue for the city
• State's cannabis businesses profits ex pected to reach above $5 billion in 2022
As previously mentioned, security and compliance are of the utmost importance to us. It is imperative to us that our store is safe, secure, and abiding by all rules and regulations required by the municipality and the State of California. The cannabis industry has come a long way in California in terms of the many ancillary businesses that have been formed to ensure safety and compliance.

In addition to helping the community have access to safe and holistic cannabis, the City of Livermore will benefit from Livermore CannaMed Dispensary in many ways. With the Covid-19 pandemic, tax revenue has taken a huge dip and creating ordinances within Livermore that include an additional city tax on all cannabis sales could really help to generate the much-needed tax revenue for the city as well as opportunity for job creation. Currently, our model estimates potential local Livermore revenue of as high as millions of dollars per year. We have done extensive market research that shows increased tourism in areas with these types of businesses who then have a palpable impact on the other businesses in the area (i.e. gas stations, restaurants, night life). 8 Item 3.0
Public Comment Received766
• Long-term active community members
• Establish a workforce that reflects the demographic of the city • Importance of diversity and inclusion
• Eager to give back to the community that has consistently given back to us
As long-term residents of Livermore, we are committed to establishing a workforce that reflects the demographics of the city in which we operate and look forward to utilizing the surrounding community to support local workforce development opportunities. Diversity and inclusion are big components of what makes Livermore CannaMed Dispensary who we are. We are eager to give back to the community that has consistently given back to us. Not just in means of monetary contributions but also on a personal level.
9 Item 3.0
Public Comment Received767
In 2016, with over 57% of the roughly 14 million votes reported in favor, California voters approved statewide adult use cannabis legalization. The first sales did not begin until 2018 and for a state that has had medical cannabis since 1996, it was still a slow start to get municipalities on board, due to the unknown regulations. In 2019, a year after adult-use sales began, there were 161 municipalities and 24 counties that had legalized. As of 2021 that number has increased to 182 municipalities and 31 counties. California since then has seen many changes as it relates to who regulates adult-use cannabis and other compliance efforts. It was not until 2019 that California required the use of Metre a statewide seed-to-sale tracking system. 10 Item 3.0
Public Comment Received768
•....--------
• In 2019, a year after adult-use sales began, there were 161 municipalities and 24 counties that had legalized and as of 2021 that number has increased to 182 municipalities and 31 counties. • Currently, there are 745 licensed adult-use dispensaries throughout the state. However, this is nowhere near enough and based off the need per-capita there should be between 4,000 and 5,000, which is expected to happen but not until 2025 or later.
• California saw a 57% increase In sales in 2020 raking in around $4.4 billion. Due to this huge increase in cannabis sales within California the state also collected the most tax revenue of any adult-use state at over $1 billion in 2020 alone and has now collected $2.8 billion total since 2018.
• The State had $5.6 billion in sales in 2021.
•
This system was vitally important to deter product from the illicit market and has seen great success. Now there is so much guidance from the state and training for businesses to utilize when implementing Metre. These more established regulations should be helpful in convincing even more municipalities to opt-in for allowing adult-use cannabis establishments, which is highly in demand. Currently there are 745 licensed adult-use dispensaries throughout the state, however, this is nowhere near enough. Future estimates, based off the need per-capita, shows there should be between 4,000 and 5,000 dispensaries across the state, which is expected to happen but not until 2025 or later. The opportunity for revenue for new businesses and tax revenue for municipalities is still looking extremely positive. After California deemed adult-use cannabis businesses essential during the Covid-19 pandemic, California saw a 57% increase in sales in 2020 bringing in around $4.4 billion. Due to this huge increase in cannabis sales within California the state also collected the most tax revenue of any adult-use state at over $1 billion in 2020 alone and has now collected $2.8 billion total since 2018. In 2021 the state still saw an increase in sales bringing in $5.6 billion.
11 Item 3.0
Public Comment Received769
4 years of successful regulation
to assist in creating one's own
Additional tax revenue to help
repair from the Covid-19
Pandemic!
Job Creation
So why not now? Livermore has had four years to watch the successes and mistakes of other municipalities to form comprehensive regulations of their own. Covid-19 has impacted the municipality financially and allowing for cannabis dispensaries, where the municipality can generate local sales tax, from will be extremely advantageous. The market assessment shows the California cannabis industry is nowhere near saturation and Livermore CannaMed Dispensary would be 1 of only 2 multi-use dispensaries in the TriValley/Livermore area and can contribute to the State's need for an additional 4,000 dispensaries to meet current demand. Also, the community of Livermore has made it clear that they are in favor of a safely regulated cannabis dispensary within the town. We feel the time is now. 12 Item 3.0
Public Comment Received770
13 Item 3.0
Public Comment Received771
Item 3.0
Public Comment Received
772
MARCH 25, 2022
Attention: City of Livermore -City Clerk's Office (Water Service Rate Protest) 1052 Sliver.more Avenue, Liver:more, CA 9-4550
Livermore City Council,
City Clerk's Office
APR 11 2022
City of Livermore
J would .like to make a statement witb .r:egar.ds to .pr:otesting the .proposed Livermore M• micipal water increase on rates. I reside and am the property owner at , Livermore, CA 94550 .Par<:.el -T-.BC-Rate AFea
I am protesting the proposed rate hike due to the following reasons:
-• Jam a .one .income .hauseho.ld supporting many financial increases as a property own.er ie._gas, groceries, PG&E increases, house insurance increase, and property upkeep increases. • I purchased my property 6 years ago and it is an approx. 9600 sq ft corner lot with a lot of landscaping.
• I recently put in drought resistant rocks that cost me $5,000 including labor. I still have a sizeable yard with grass and plants that need to be watered 3X/week. This landscape is one of the .reasons that my bome bas retained it's \lalue..
• I have a 1264 sq ft house on an approx. 9,600 sq ft lot the majority of it landscaping that requires water.
• My property taxes have increased as well. I pay $8,682..()4 .per y.ear for this small .nause. • I believe that I am being unfairly targeted for a rate increase by investing in Livennore and my home.
• J reviewed the .rate increases by year through year 2027 and they are .outrageous. • My income has dropped substantially due to job loss during COVID and losing my 29 year job with my former employ.er. J have taken another position at 60% .of my old salary.

I am asking for an exemption for my property so that I can maintain living here in Livermore. It is a wonclerfu1 town .and will become unaffor.dable witb these many rate increases..

I invite you to come and inspect my home and yard to review the accuracy of these statements.

Thank yo.u for your .consideration.
�f1-�
Item 5.1
Water Protest Received
773

Livermore City CouncilApril 11, 2022

Livermore City Council
April 11, 2022