Agenda packet — Livermore City Council, July 11, 2022 (part 1 of 3)

CITY COUNCIL

REVISED AGENDA
AGENDA
MONDAY, JULY 11, 2022
*Due to an HVAC malfunction this meeting will be held VIRTUALLY ONLY.

VIRTUAL REGULAR HYBRID MEETING – 7:00 PM

MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
IN PERSON INFORMATION:

CIVIC CENTER MEETING HALL

CITY COUNCIL CHAMBERS
1016 S. LIVERMORE AVENUE
TELECONFERENCE INFORMATION:

CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
ZOOM WEBINAR:
https://us02web.zoom.us/j/83174451802
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 831 7445 1802
Bob Woerner, Mayor
Regina Bonanno, Vice Mayor
Robert W Carling, Council Member
Brittni Kiick, Council Member
Trish Munro, Council Member
Livermore City Council Agenda July 11, 2022
1 1.

CLOSED SESSION - NONE.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Update on Drought, Water Conservation and New State Restrictions

Recommendation:

Staff recommends the City Council receive an update on the current drought situation, the City's response and new State watering restrictions.

Staff Report

4. CITIZENS FORUM

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

To provide public comment in person, please submit a speaker card. When your name is called, walk to the lectern to address City Council.

To provide public comment virtually, please log into Zoom and use the 'raise hand' feature.

Comments are limited to a maximum of 3 minutes per person, per item. The Mayor may reduce the amount of time based on the number of persons wishing to speak.

Citizens Forum will conclude after 30 minutes; however, if there are additional speakers, Citizens Forum will reconvene before the meeting adjourns.

5. CONSENT CALENDAR

Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must submit a speaker card if in person or use the 'raise hand' feature if participating using Zoom.

5.1 Approval of draft minutes - June 13, 2022 Regular Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

ROLL CALL

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

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION

Livermore City Council Agenda
July 11, 2022

2 Attachments:

1. 2022-06-13 Draft Meeting Minutes

5.2 Resolution authorizing execution of an agreement with Bartel Associates, LLC for required actuarial consulting services in an amount not-to-exceed $107,000.

Recommendation:

Staff recommends that City Council authorize the City Manager to execute a five-year agreement with Bartel Associates, LLC (Bartel) for required actuarial services in an amount not-to-exceed $107,000.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Bartel and Associates Agreement

5.3 Resolution extending Downtown Design Review 18-006 to December 31, 2022 and awarding and authorizing execution of an agreement with WestCal Design and Build, Inc. for construction of the Livermore Village Parking Garage Construction, Phase 1: Trash Enclosure & Surface Lot Project No. 586003, in an amount not-to-exceed $1,520,000.

Recommendation:

Staff recommends the City Council adopt a resolution:
1 .

Extending Downtown Design Review 18-006 for the Livermore Village Parking Garage Construction Project 586003 to December 31, 2022, due to the 2018 Referendum and COVID-19 pandemic in accordance with Livermore Development Code Section

9.12.070; and
2 .

Awarding a construction contract with WestCal Design and Build, Inc. and authorizing the City Manager to sign on behalf of the City of Livermore, an agreement for construction of the Livermore Village Parking Garage Construction, Phase 1: Trash Enclosure & Surface Lot Project No. 586003, in an amount not-to-exceed $1,520,000;

Staff Report

Attachments:

1. Livermore Village Parking Garage Site Plan

2. Resolution

3. Exhibit A - Agreement with WestCal Design and Build, Inc

5.4 Resolution authorizing the budgeted expenditure of $179,190 for local cable programming services by Tri-Valley Community Television for Fiscal Year 2022-23.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the budgeted General Fund expenditure of $179,190 for Tri-Valley Community Television operating funds for Fiscal Year 2022-23.

Staff Report

Attachments:

Livermore City Council Agenda
July 11, 2022

3 1. Resolution

5.5 Resolution approving the City of Livermore’s Title VI Program and Implementation Plan and authorizing staff to amend the Plan annually to comply with federal anti-discrimination regulations pursuant to Title VI of the Civil Rights Act of 1964.

Recommendation:

Staff recommends the City Council adopt a resolution approving the City of Livermore’s Title VI Program and Implementation Plan (Plan) and authorizing staff to amend the Plan annually to comply with federal regulations.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Title VI Program and Implementation Plan

5.6 Resolution accepting the Single Audit Report of federal funding provided to the City for the Fiscal Year Ended June 30, 2021.

Recommendation:

Staff recommends the City Council adopt a resolution accepting the Single Audit Report of federal funding provided to the City for Fiscal Year 2020-21.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Federal Awards Report in Accordance with the Uniform Guidance

5.7 Resolution of a continued local emergency and reauthorizing remote or hybrid teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361

Recommendation:

Staff recommends City Council adopt a resolution of a continued local emergency and reauthorizing remote or hybrid teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361.

Staff Report

Attachments:

1. Resolution

6. PUBLIC HEARINGS

6.1 Hearing to receive and consider protests related to delinquent service fees to Livermore Sanitation for solid waste, recycling, and organics handling services and adopting a resolution confirming assessments for collection on the County assessor tax roll.

Recommendation:

Staff recommends the City Council hold a Public Hearing to:
1 .

Consider protests related to the non-payment of solid waste, recycling, and organics

Livermore City Council Agenda
July 11, 2022

4 services;
2 .

Adopt a resolution overruling protests and confirm the 2022 assessments if applicable; and
3 .

Direct staff to forward a finalized copy of the assessment report to the County Tax Assessor.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Lien Assessments

6.2 Hearing to receive and consider protests related to the non-payment of sewer service provided by the City of Livermore as of June 30, 2022 and adopting a resolution confirming assessments for collection on the County assessor tax roll.

Recommendation:

Staff recommends the City Council consider protests, adopt a resolution overruling protests, and direct staff to forward a finalized copy of the assessment list to the County Tax Assessor.

Staff Report

Attachments:

1. Resolution

2. Exhibit A
- Lien Assessments

6.3 Hearing to certify Draft Supplemental Environmental Impact Report for the South Livermore Valley Specific Plan and authorizing the South Livermore Urban Growth Boundary initiative to be placed on the November 8, 2022, ballot enabling the South Livermore Sewer Extension Project.

Recommendation:

Staff recommends the City Council:
1 .

Adopt a resolution certifying the Supplemental Environmental Impact Report; 2 .

Adopt a resolution approving the ballot question and language for the South Livermore Urban Growth Boundary Initiative; and
3 .

Direct staff to conduct all necessary actions to prepare materials for the November 8, 2022, ballot.

Staff Report

Attachments:

1. Proposed South Livermore Sewer Alignment Figure 2-2

2. Resolution - FSEIR

3. Exhibit A - Final Supplemental Environmental Impact Report

4. Exhibit B - Findings and Facts

5. Exhibit C - Mitigation, Monitoring and Reporting Program

6. Resolution - Initiative

7. Exhibit A - Ballot Question and South Livermore Urban Growth Boundary Initiative

7. MATTERS FOR CONSIDERATION

Livermore City Council Agenda
July 11, 2022

5 7.1
Approval of the City Council 2023 Meeting Calendar.

Recommendation:

Staff recommends the City Council approve the 2023 Meeting Calendar.

Staff Report

Attachments:

1. 2023 City Council Meeting Calendar

7.2 Designation of voting delegate and alternates for the 2022 League of California Cities Annual Business Meeting.

Recommendation:

Staff recommends the City Council appoint one voting delegate and up to two alternates to represent the City of Livermore at the 2022 League of California Cities Annual Business Meeting.

Staff Report

Attachments:

1. LOCC Letter and Voting Delegate Form

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS

9. ADJOURNMENT

To a Regular City Council meeting on Monday, July 25, 2022 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.

10. SUPPLEMENTAL MATERIALS

10.1 Supplemental materials received prior to the meeting.

Staff Report

Attachments:

1. Supplemental Materials

11. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING

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

Citizens Forum
is an opportunity for the public to speak regarding items not listed on the agenda. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of that item. To submit a comment using Zoom, you may use the 'raise hand' feature when the item begins. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda. However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.

Public Hearings -
The topic of the hearing is typically summarized by staff, followed by a

Livermore City Council Agenda
July 11, 2022

6 presentation by the applicant, and questions from the City Council. The Mayor will then open the hearing to the public and offer an opportunity for public comments. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of the presentation of the item. To submit a comment using Zoom, you may use the 'raise hand' feature as soon as the item begins.

Other Agenda Items
are also open for public input including Consent Calendar or Matters for Consideration items. These comments are also subject to the 3-minute limit.

Special Meetings, Workshops -
The public will have the opportunity to address the City Council regarding the item that is the subject of the special meeting or workshop. Public comments are limited to a maximum of 3 minutes per person.

Platforms to Participate in Meetings:

Submission of Comments Prior to the Meeting:

Email Comments
may be submitted by the public to the City Clerk’s Office (
[email protected]
). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record.

eComments
may be submitted by the public using the eComment link
here
. Comments may
be up to 1000 characters in length and will be accepted up until 4:00 pm the day of the meeting. These items will NOT be read into the record and are viewable by the City Council and the public upon submittal.

Submission of Comments During the Meeting:

Speakers are limited to a maximum of 3 minutes per person. To submit a comment in person, you must complete a speaker card for each item. Speaker cards are available in the Civic Center Meeting Hall lobby. Indicate on the card the item number you wish to comment on and submit the card directly to the City Clerk prior to the start of the item. To submit a comment using Zoom, you may use the 'raise hand' feature. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda.

However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.

The City will be using YouTube and TV29 as two tools to provide the public access to view City Council meetings. No public comment will be accepted via YouTube.

TV29:
tv29live.org
YouTube:
http://youtube.com/c/CityofLivermoreCalifornia

Zoom Webinar:
https://us02web.zoom.us/j/83174451802

Zoom dial in phone number: 1 669 900 6833
Meeting ID: 831 7445 1802
Livermore City Council Agenda
July 11, 2022

7 If you would like to deliver written materials to the City Council as part of your public comments, and are commenting in person, please provide 10 copies to the City Clerk with your speaker card. If you are commenting using Zoom, the speaker must identify that intent in his or her comment and immediately email the materials to the City Clerk at [email protected]
.

The
City Council Agenda and Agenda Reports
are prepared by City staff and are available
for public review on Tuesday evening, six days prior to the City Council meeting in the Civic Center Library, 1188 South Livermore Avenue, Livermore, and at the City Clerk’s Office, 1052 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, http://cityoflivermore.net/agenda
.

Under Government Code §54957.5, any
supplemental material
distributed to the members
of the City Council after the posting of this agenda will be available for public review in the City Clerk’s Office, 1052 South Livermore Avenue, Livermore, and included in the agenda packet available on the City’s web site at
http://cityoflivermore.net/agenda
.

PURSUANT TO TITLE II OF THE AMERICANS WITH DISABILITIES ACT (CODIFIED AT 42 UNITED STATES CODE SECTION 12101 AND 28 CODE OF FEDERAL REGULATIONS PART 35), AND SECTION 504 OF THE REHABILITATION ACT OF 1973, THE CITY OF

LIVERMORE DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION,

NATIONAL ORIGIN, ANCESTRY, SEX, DISABILITY, AGE OR SEXUAL ORIENTATION IN THE PROVISION OF ANY SERVICES, PROGRAMS, OR ACTIVITIES. TO ARRANGE AN

ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE CONTACT THE ADA COORDINATOR AT [email protected] OR CALL (925) 960-4170 (VOICE) OR (925) 960- 4104 (TDD) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE OF THE MEETING.

Livermore City Council Agenda
July 11, 2022

8 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1

DATE:

July 11, 2022
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Update on Drought, Water Conservation and New State Restrictions

RECOMMENDED ACTION

Staff recommends the City Council receive an update on the current drought situation, the City's response and new State watering restrictions.

SUMMARY
California continues to experience a significant drought. The City Council declared a water shortage on September 27, 2021. Since then, the City has taken many steps to help educate water users on the state of current restrictions. Water users in the City have responded by reducing overall water usage since October 2021.

DISCUSSION
On September 27, 2021, City Council declared a drought emergency, activated the City’s Water Shortage Contingency Plan at stage 2, and activated stage 1 conservation rates for Livermore Municipal Water (LMW) customers. This staff report provides an update on current conditions and actions taken by the City in response to the drought.

State Water Use Restrictions

Subsequent to the City’s declaration of a drought emergency, the State of California enacted additional emergency water use restrictions. Not all of these are covered in the City’s Municipal Code or Water Shortage Contingency Plan, or may be covered at different stages of water shortage. On January 4, 2022, the State Water Resources Control Board issued emergency regulations via Resolution 2022- 0002. This resolution prohibits the following practices:
• The application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;
9 • The use of a hose that dispenses water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use;
• The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or other hard surfaced areas, except in cases where health and safety are at risk; • The use of potable water for street cleaning or construction site preparation purposes, unless no other method can be used or as needed to protect the health and safety of the public; • The use of potable water for decorative fountains or the filling or topping-off of decorative lakes or ponds, with exceptions for those decorative fountains, lakes, or ponds that use pumps to recirculate water and only require refilling to replace evaporative losses; • The application of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain. In determining whether measurable rainfall of at least fourth of one inch of rain occurred in a given area, enforcement may be based on records of the National Weather Service, the closest CIMIS station to the parcel, or any other reliable source of rainfall data available to the entity undertaking enforcement of this subdivision; and • The use of potable water for irrigation of ornamental turf on public street medians.

On March 18, 2022, the State Department of Water Resources reduced State Water Project (SWP) allocations to 5% of requests from a previous target of 15%. In an average year, the SWP provides most of the water used in the Tri-Valley. The current 5% allocation matches the allocation for most of calendar year 2021. The Zone 7 Water Agency (Zone 7) has not yet indicated that they intend to change the conservation target for retailers, even following the SWP 5% allocation announcement. This could change in the future, however. The longer the drought goes on, the more heavily impacted the Tri- Valley’s local groundwater aquifer will be which will increase pressure to conserve more water to prepare for a prolonged drought.

On March 28, 2022, the Governor issued an additional Executive Order (#N-7-22) on the drought. This order directs the State Water Resources Control Board to evaluate the implementation of additional water use restrictions to take effect by May 25, 2022, including “prohibiting the use of potable water to irrigate ‘non-functional turf’ in commercial, industrial, and institutional settings.” On May 24, 2022, the State Water Resources Control Board adopted resolution 2022-0018 which included a ban on irrigating non-functional turf with potable water in commercial, industrial, and institutional areas. On June 10, 2022, this ban took effect. This regulation does allow for an exemption where shared irrigation systems also water trees and shrubs.

City Water Use Response

The primary user of water in the City organization is the Maintenance Division of the Public Works Department. Maintenance staff have taken several steps to help minimize the use of water for municipal operations. This includes reducing irrigation length and frequency for all public landscaping in compliance with stage 2 restrictions and removing some turf surrounding City Hall, replacing it with low water use landscaping. The Maintenance Division continues to evaluate additional opportunities to minimize irrigation through low water use landscape renovations and closely monitors the use of water at all City sites. Maintenance staff are currently planning a response to the new non-functional turf irrigation ban. City trees and shrubs in landscaped areas which require water will continue to be irrigated but may be reduced which will lead to yellowing or browning of the adjacent turf.

City Public Education and Outreach Efforts
10 Staff in the Water Resources Division of the Public Works Department have undertaken a variety of public education and outreach efforts to ensure that LMW customers have the information and resources they need to reduce their water use. Beginning in October 2021, LMW began providing its customers with conservation kits to help reduce their indoor water use. Each kit includes water-efficient showerheads, faucet aerators, hose nozzles, and toilet leak detection tablets. So far, the City has provided kits to 263 customers.

The City continues to provide LMW customers with a variety of water conservation and drought information through bill inserts, email newsletters, mailers and social media. Much of this outreach has focused on promoting the water conservation rebates that are available to LMW customers through a partnership with Zone 7. Since October 2021, LMW customers have received 15 smart irrigation controller rebates, 19 water-efficient washing machine rebates, and seven lawn conversion rebates to help reduce their water use. Staff also recently notified the affected LMW customers of the new non- functional turf irrigation via a mailer in late June.

On March 14, 2022, City Council approved participation in the construction and operation of a joint-use residential recycled water fill station in Dublin. The goal of this station is to allow residential water customers to self-haul recycled water thereby reducing the total amount of potable water used for irrigation. Bids for the construction of this station were received by DSRSD on March 29, 2022 and came in at almost $500,000 more than the initial estimate. Subsequently, on April 19, 2022, the Pleasanton City Council voted to end their participation in the current version of the joint use fill station citing concerns about the cost versus the benefit provided. Staff have identified a location in Pleasanton (adjacent to Ken Mercer Sports Park) that is a feasible alternative to operate a fill station. The anticipated installation cost is $450,000 with estimated annual operating costs of $300,000. This item was approved by all the partner Councils or Boards in early June. Staff will continue to coordinate with partner agencies to move this project forward.

Livermore Municipal Water Customer Response
In October through December of 2021, LMW customers did a great job of conserving water, exceeding the 15% reduction target in each month. However, this pattern changed in January through April 2022.

LMW customers used more water during this period than in the same months in 2020, likely due to a lack of rain and warm temperatures. This change is consistent with the water use trends throughout the Tri- Valley. This pattern changed again in May 2022 when LMW customers reduced total water usage by 7% compared to 2020. Overall, since October of 2021, LMW customers have met the target by reducing total water usage by 16% compared to 2020.

For now, Zone 7 and the City of Livermore continue to hold at a 15% (versus 2020) mandatory conservation target (stage 2 of the City’s Water Shortage Contingency Plan). Should Zone 7 or the State of California increase their conservation target, staff would recommend that the City follow suit.

ADMINISTRATIVE AND FISCAL IMPACTS

Staff does not anticipate any administrative or fiscal impacts for this update.

ATTACHMENTS
11 Prepared by: Anthony Smith
Water Resources Division Manager

DATE:

July 11, 2022
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Approval of draft minutes - June 13, 2022 Regular Meeting.

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. 2022-06-13 Draft Meeting Minutes

Prepared by: Marie Weber
City Clerk

MINUTES
CI

TY COUNCIL
JUNE 13, 2022
________________________________________________________________ C

LOSED SESSION
CAL
L TO ORDER – The Closed Session of the City Council was called to order by Mayor Bob Woerner a t 6:00 pm, held via telec onference using Zoom and YouTube.

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

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

M
ayor Woerner opened the public comment period.

T
here were no speakers and the hearing was closed.

1. ADJ

OURN TO CLOSED SESSION

1.1 Conference with Legal Counsel - Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated. (Three cases)

1. D.L. Falk Construction Inc. v. City of Livermore, Alameda County Superior Court Case No. RG20079788

2. Garza v. Marathon Petroleum Company, et al. (City of Livermore), Alameda County Superior Court Case No. 22CV008444

3. Save Livermore Downtown v. City of Livermore, et al. Alameda County Superior Court Case No. RG21102761, First District Court of Appeals Case No.

A164987
________________________________________________________________ RE

GULAR MEETING
2 . CALL TO O RDER – T he meeting of the City Council was called to or der by Mayor Bob Woerner a t 7:02 pm, held via teleconference using Zoom and YouTube.

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

EDGE OF ALLEGIANCE
ATTACHMENT 1
14 CM/75/2 Minutes JUNE 13, 2022

REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala said pursuant to California Government Code section 54957.1(a) I am reporting that in the matter of DL Falk v, Livermore on the agenda this evening, the City Council unanimously voted to accept a settlement and release agreement signed by the plaintiff that releases the City of Livermore in exchange for a payment by the City in the amount $875,000 and the City dismissing its lawsuit against DL Falk, contingent upon DL Falk providing escrow instructions to release the retention amount to the City of Livermore for this settlement.

The case involved allegations related to the construction of the Civic Center Meeting Hall. The City Council’s vote also authorized me as the City Attorney, or my designee, to take all necessary actions to implement that settlement agreement, including the authority to make the payment once the contingency is met.

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation declaring June 2022 as Safety Awareness Month to be received by Janet Hamilton, City of Livermore Risk Manager

Recommendation: Staff recommended the City Council proclaim June 2022 as Safety Awareness Month.

CM Kiick presented the proclamation to Risk Manager, Janet Hamilton.

3.2 Proclamation declaring June as Elder Abuse Awareness Month

Recommendation: Staff recommended the City Council declare June as Elder Abuse Awareness Month.

CM C arling presented the proclamation to Deputy District Attorney ’s, Cheryl Poncini and Sonja Frost.

MAYOR WOERNER REORDERED THE AGENDA TO HEAR ITEM 3.5

3.5 Proclamation declaring June 2022 Pride Month

Recommendation: Staff recommend ed the City Coun cil proclaim June 2022 Pride Month.

VM Bonanno presented the proclamation to Livermore Pride.

3.3 Presentation of the 2022 High School Senior Arts Awards

Recommendation: Staff recommend ed the City Council receive the presentation.

ATTACHMENT 1
15 JUNE 13, 2022 Minutes CM/75/3

CM Munro announced the rec ipients of the 4 awards: Lizzie Davies, Sophia Bass, Amelia Nelson, and William Crowhurst.

3.4 Appointment of Poet Laureate

Recommendation: The Commission for the Arts and staff recommended the City Council confirm the appointment of Peggy Schimmelman as Poet Laureate for a two-year term starting July 1, 2022 and ending on June 30, 2024. The City Clerk is directed to administer the Oath of Office at a later date.

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

APPOINTMENT OF PEGGY SCHIMMELMAN AS POET LAUREATE

4. CITIZENS FORUM

Mayor Woerner opened the public comment period.

John Marchand provided a comment.

Jackie Cota provided a comment.

Alan Marlon provided a comment.

Brandon M. provided a comment.

Dawn Argula provided a comment.

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

5. C ONSENT CALENDAR

Mayor Woerner opened the public comment period.

Item 5.13 J ackie Cota provided a comment.

Alan Marling provided a comment.

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

ON THE MOTION OF CM MUNRO , SECONDED BY CM CARLING, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCI L APPROVED THE CONSENT CALENDAR.

5.1 Resolution 2022-086 superseding a previously approved resolution and agreement and authorizing the execution of an agreement for a temporary, joint - use residential recycled water fill station between the Dublin San Ramon Services District, the City of Pleasanton, the City of Livermore, and the Zone 7 ATTACHMENT 1
16 CM/75/4 Minutes JUNE 13, 2022

Water Agency

Recommendation: Staff recommended the City Council adopt a resolution superseding a previously approved resolution and agreement and authorizing the execution of an agreement for a temporary, joint -use residential recycled water fill station between the Dublin San Ramon Services District, the City of Pleasanton, the City of Livermore, and the Zone 7 Water Agency.

5.2 Resolution 2022-087 authorizing execution of an agreement with CPM Associates, Inc. in the not-to- exceed amount of $928,000 to provide construction management services for the Livermore Village Parking Garage Construction Project 586003

Recommendation: Staff reco mmended the City Council adopt a resolution authorizing the City Manager to execute an agreement with CPM Services, Inc. in the not -to-exceed amount of $928,000 to provide construction management services for the Livermore Village Parking Garage Construction Project 586003.

5.3 Resolution 2022-088 authorizing sole sourcing equipment and instruments from Siemens to match existing equipment compatibility for the construction of the City Hall HVAC and Central Plant Chiller Re placement, Project No. 2018-30

Recommendation: Staff recommen ded the City Council adopt a resolution pursuant to Section 2.68.550 (C) of the Livermore Municipal Code (LMC), authorizing the sole sourcing of specific brands of equipment and instruments for construction of the City Hall HVAC and Central Plant Chiller Replacement Project No. 2018-30.

5.4 Resolution 2022-089 authorizing a Memorandum of Agreement between City of Livermore and City of Dublin for the North Canyons Parkway and Dublin Boulevard Connection, Project Number 200259

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to sign the Memorandum of Agreement with the City of Dublin for the North Canyons Parkway and Dublin Boulevard Connection, Project Number 200259.

5.5 Resolution 2022-090 authorizing the execution of an agreement for services with Univar Solutions USA, Inc., for the purchase of sodium hypochlorite

12.5% for use at the Water Reclamation Plant, in an amount not -to-exceed $230,000

Recommendation: Staff recommended the City Council adopt a resolution authorizing the execution of an agreement for services with Univar Solutions USA, Inc., for the purchase of sodium hypochlorite 12.5% to be used for treated effluent disinfection at the Water Reclamation Plant., in an amount not -to-exceed $230,000.

ATTACHMENT 1
17 JUNE 13, 2022 Minutes CM/75/5

5.6 Resolution 2022-091 authorizing the execution of an agreement for services with Kemira Water Solutions, Inc., for the supply of ferric chloride for use at the Water Reclamation Plant, in an amount not-to-exceed $180,000

Recommendation: Staff recommend ed the City Council adopt resolution authorizing the execution of an agreement for services with Kemira Water Solutions, Inc., for the supply of ferric chloride for use at the Water Reclamati on Plant in an amount not-to-exceed $180,000.

5.7 Resolutions 2022-092 and 2022- 093 authorizing execution of agreements with Independent Code Consultants Inc. and 4LEAF Inc. to provide on-call plan review, inspections, and permit technician services. Each contract has a not-to-exceed amount of $200,000

Recommendation: Staff recommend ed the City Council adopt resolutions authorizing the City Manager to execute agreements with Independent Code Consultant Inc. and 4LEAF Inc. to provide on- call plan check, site inspections, permit technician services, and Certified Access Specialist (CASp) consultation.

Each contract has a not-to-exceed amount of $200,000 over a two-year term.

5.8 Resolution of Intention 2022- 094 to Levy Annual Assessments for the Landscape Maintenance Districts for Fiscal Year 2022 -23, preliminary approval of the Annual Engineer's Report, and establishing a public hearing date for the Annual Levy of Assessments

Recommendation: Staff recommended the City Council:

1. Preliminarily approve the Consolidated Annual Engineer's Report for all Landscape Maintenance Districts.

2. Adopt a Resolution of Intention to:
a. levy and collect annual landscape maintenance assessments for all districts formed under the Landscaping and Lighting Act of 1972; and b. establish a Public Hearing for June 27, 2022 for the levy of assessments.

5.9 Resolution 2022-095 declaring intention to reimburse expenditures from proceeds of certificates of participation to be executed and delivered to financ e acquisition and construction of the Livermore Village Parking Garage

Recommendation: Staff recommended the City Council adopt a resolution declaring the intention to reimburse expenditures from tax -exempt obligations to preserve the ability to reimburse City expenditures on the Livermore Valley Parking Garage before financing proceeds are available.

5.10 Resolution 2022-096 establishing the Appropriations Limitation for FY 2022-23

Recommendation: Staff recommend ed the Ci ty Council adopt a resolution establishing the Appropriations Limit for FY 2022-23.

5.11 Resolution 2022-097 releasing unclaimed checks to the City of ATTACHMENT 1
18 CM/75/6 Minutes JUNE 13, 2022

Livermore's General Fund

Recommendation: Staff recommend ed the City Council adopt a resolution releasing unclaimed checks to the City of Livermore’s General Fund.

5.12 Resolution 2022-098 approving the Two-Year Financial Plan Update for Fiscal Years 2021-22 and 2022-23.

Recommendation: S taff recommend ed that City Council adopt a resolution approving the Two- Year Financial Plan Update for fiscal years 2021- 22 and 2022-23.

5.13 Resolution 2022-099 of a continued local emergency and reauthorizing remote teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361

Recommendation: Staff recommend ed City Council adopt a resolution of a continued local emergency and reauthorizing remote teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361.

6. PUBLIC HEARINGS

6.1 Hearing to consider revisions to the plans for a previous ly approved four-story, 133-room hotel on the southeast corner of Railroad Avenue and South Livermore Avenue. The revised plans include site plan changes to remove an underground parking garage. The project includes on- site parking including surface parki ng with public ADA accessible stalls and valet parking, a new public street, new street frontage improvements, storm water treatments, and landscaping. Parking will also be available off-site

Recommendation: Staff and the Planning Commission recommended the City Council adopt the following resolutions:

1. Finding the project is within the scope of the Downtown Specific Plan 2009 Subsequent Environmental Impact Rep ort, the 2004 Downtown Specific Plan Final Environmental Impact Report, and the previously adopted addendums thereto;

2. Finding the project is exempt from the California Environmental Quality Act pursuant to Guidelines Section 15332; and

3. Approving Downtown Design Review Modification (DDRM) 22 -001, subject to conditions of approval.

Associate Planner Tricia Pontau presented the staff report.

Mayor Woerner opened the public hearing.

John Marchand provided a comment.

Lori Souza provided a comment.

ATTACHMENT 1
19 JUNE 13, 2022 Minutes CM/75/7

Peg Folta provided a comment.

Patrick Coyle provided a comment.

Tracy Farhad provided a comment.

Brandi Addington provided a comment.

Alan Burnham provided a comment.

David Epstein provided a comment.

Dawn Argula provided a comment.

David B. Kent provided a comment.

Nancy McKenzie provided a comment.

Lynn Wallace Naylor provided a comment.

Jackie Cota provided a comment.

Brian Powell provided a comment.

There were no more speakers and the hearing was closed.

ON THE MOTION OF MAYOR WOERNER, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOL LOWING RESOLUTIONS:

Resolution 2022-100 finding the project is within the scope of the Downtown Specific Plan 2009 Subsequent Environmental Impact Report, the 2004 Downtown Specific Plan Final Environmental Impact Report, and the previously adopted addendums thereto;

Resolution 2022 -101 f inding the project is exempt from the California Environmental Quality Act pursuant to Guidelines Section 15332; and

Resolution 2022-102 approving Downtown Design Review Modification (DDRM) 22-001, subject to conditions of approval.

7. MATTERS FOR CONSIDERATION

7.1 Report on Referendums, Power Limited to Legislative Acts

Recommendation: Staff recommended the City Council receive this report on referendums.

City Attorney Jason Alcala presented the staff report.

ATTACHMENT 1
20 CM/75/8 Minutes JUNE 13, 2022

Mayor Woerner opened the public comment period.

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

THE CITY COUNCIL RECEIVED THE REPORT.

7.2 Discussion and direction regarding the City's Commemor ative Flag Display policy

Recommendation: Staff recommend ed the City Co uncil provide direction regarding the City's Commemorative Flag Display policy.

Assistant City Manager Christine Martin presented the staff report.

Mayor Woerner opened the public comment period.

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

THE CITY COUNCIL RECEIVED THE PRESENTATION AND EXPRESSED SUPPORT TO KEEP THE EXISTING POLICY WITH NO CHANGES.

7.3 Resolution authorizing the display of the rainbow pride flag for the remainder of June 2022

Recommendation: Staff recommended the City Council adopt a resolution authorizing the display of the rainbow pride flag on the flagpole at the Civic Center Campus for the remainder of June 2022.

Recommendation: Staff recommended the City Council xxxx

Assistant City Manager Christine Martin presented the staff report.

Mayor Woerner opened the public comment period.

Alan Marlon provided a comment.

Jackie Cota provided a comment.

Mel Chiong provided a comment.

Stephanie F. provided a comment.

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

ON THE MOTION OF CM KIICK , SECONDED BY VM BONANNO AND
CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOL LOWING RESOLUTION:

ATTACHMENT 1
21 JUNE 13, 2022 Minutes CM/75/9

Resolution 2022-103 authorizing the display of the Rainbow Pride Flag for the remainder of June 2022.

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS

THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF

RECENTLY ATTENDED EVENTS AND MEETINGS IN THE SUPPLEMENTAL PACKET IN ADDITION TO THE INFORMATION BELOW.

Livermore Area Valley Transit Authority CM Kiick noted her at tendance at the June 6, 2022 meeting.

San Joaquin Valley Regional Rail Authority CM Kiick noted her attendance at the June 8, 2022 Valley Link meeting.

Library Summer Reading Program CM Kiick e xpressed appreciation for the children’s summer reading program.

Farmers Market CM Carling noted his attendance at the market on Thursdays.

Climate Action Plan CM Carling and VM Bonanno noted several meetings with staff members.

Stopwaste.org CM Carling noted his attendance at the June 9, 2022 meeting.

Police Academy Graduation CM Munro and CM Carling noted their attendance at the graduation ceremony.

Rodeo CM Munro and CM Bonanno noted their attendance at the rodeo on June 10 th and 11th.

8. ADJOURNMENT – at 9:36 pm to a Regular City Council Meeting on June 27, 2022 at 7:00 p.m. held virtually using Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTE
ST:

MARIE WEBER, CITY CLERK
ATTACHMENT 1
22 CITY COUNCIL STAFF REPORT
ITEM NO. 5.2

DATE:

July 11, 2022
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution authorizing execution of an agreement with Bartel Associates, LLC for required actuarial consulting services in an amount not-to-exceed $107,000.

RECOMMENDED ACTION

SUMMARY
The City has utilized Bartel for over 15 years to provide actuarial services including Other Post Employment Benefits (OPEB) actuarial analyses and pension contribution and liability evaluations.

Specifically, Bartel has calculated the City’s annual Actuarially Determined Contributions (ADCs) for OPEB as well as total and unfunded liabilities that are also used as the basis for the City’s required Government Accounting Standards Board (GASB) 75 financial reporting. Bartel has also conducted annual reviews and projections of the City’s annual pension contributions and related liabilities. Under the proposed 5-year contract with Bartel, the City will continue to receive these actuarial services.

DISCUSSION
The City began using Bartel’s services approximately 15 years ago to calculate the City’s annual ADC and related OPEB liabilities as well as annual reviews of the City’s pension liabilities and projections of annual pension contributions. The OPEB actuarial services are necessary to prepare the City's Annual Comprehensive Financial Report (ACFR). The pension analyses have helped staff develop pension contribution projections and evaluate various pension funding scenarios. Staff have been very satisfied with Bartel’s work. Bartel provides similar actuarial services to approximately 400 cities, counties, and special districts and is considered one of the leading actuarial experts in local government OPEB and pension.

Under the proposed professional services agreement, Bartel will conduct OPEB actuarial valuations and funding reports as well as annual reviews of the City’s pension contributions and liabilities. Approval of the attached resolution will authorize an agreement with Bartel. 23 FISCAL AND ADMINISTRATIVE IMPACTS

Bartel’s fees are based on the amount of time required to complete each report with a total, not-to- exceed proposed fee of $107,000 over five years. Bartel’s fees for FY 2022-23 are included in the FY 2022-23 budget.

ATTACHMENTS

1. Resolution

2. Exhibit A - Bartel and Associates Agreement

Prepared by: Tina Olson
Administrative Services Director

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH

BARTEL ASSOCIATES, LLC FOR ACTUARIAL SERVICES IN AN AMOUNT NOT- TO-EXCEED $107,000 FOR A FIVE-YEAR TERM
The City of Livermore (“City”) is required to calculate City’s annual Actuarially Determined Contributions (“ADCs”) for OPEB as well as total and unfunded liabilities that are also used as the basis for the City’s required Government Accounting Standards Board (GASB) 75 financial reporting.

The City has used outside actuarial services to evaluate the City’s pension contributions and funded status with CalPERS.

The City has used Bartel Associates, LLC to provide OPEB and pension evaluations for the past 15 years and City staff have been pleased with their services.

The total fees for Bartel Associates, LLC’s services for five years is $107,000 that will be charged to the City through hourly rates based on services provided.

BE IT RESOLVED by the City Council of the City of Livermore that it authorizes the City Manager to execute a five-year professional services agreement with Bartel Associates, LLC, attached hereto as Exhibit A, in an amount not-to-exceed $107,000.

On motion of Council Member _____, seconded by Council Member ____________, the foregoing resolution was passed and adopted on July 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
Exhibit A – Bartel Associates, LLC Agreement
25 PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this_ day of ____ , 2022, by and between the City of Livermore ("City"), a municipal corporation, and Bartel Associates, LLC ("Consultant"), a limited liability company.

RECITALS
City requires professional services to conduct actuarial consulting services to prepare a June 30, 2022 and June 30, 2024 actuarial valuation on the City's retiree healthcare plans and conduct CalPERS review and projections based on June 30, 2021 through June 30, 2025 actuarial valuations.

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

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

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

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

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

To conduct actuarial consulting services to prepare a June 30, 2022 and June 30, 2024 actuarial valuation on the City's retiree healthcare plans and conduct CalPERS review and projections based on June 30, 2021 through June 30, 2025 actuarial valuations.

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

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

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

5. Compensation and Payment.
(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $107,000 ("not-to-exceed amount"). City shall compensate Consultant for the Services rendered at the hourly rates, task amounts or travel expenses set forth in Exhibit "A" up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts or travel expenses are intended to be Consultant's only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.
(b) City shall pay Consultant no later than 30 days after City receives a written invoice from Consultant and verifies the Services were performed for the payment requested.

6. Term. The term of this Agreement commences on July 11, 2022, and terminates upon the completion of the Services or June 30, 2027, whichever occurs first.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

TO CITY: Attention: Tina Olson, ASD
City of Livermore
1052 S Livermore Avenue
Livermore, California 94550
TO CONSUL TANT: Attention: Bianca Lin, Assistant Vice President Bartel Associates, LLC
411 Borel Avenue, Suite 620
San Mateo, CA 94402

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

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

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

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

27. Counterparts. This Agreement may be executed and delivered in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email, or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals and shall be valid and effective for all purposes.

Signatures and Attachment List on the Next Page
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31 In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date first written above.

CITY OF LIVERMORE:

Marianna Marysheva
City Manager
APPROVED AS TO FORM:

Assistant/City Attorney
APPROVED AS TO INSURANCE:

Risk Manager/Analyst
Attachments:

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

Dated:

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EXHIBIT A
32 May 26, 2022
Tina Olson
Administrative Services Director
City of Livermore
l 052 South Livermore Ave.

Livermore, CA 94550-4899
Exhibit A
Re: OPEB Actuarial Valuation and CalPERS Review Proposal Dear Ms. Olson:

Bartel Associates would be pleased to provide the City of Livermore actuarial consulting services. This letter summarizes the project scope and our fee quotes for June 30, 2022 and June 30, 2024 actuarial valuations on the City's retiree healthcare plan and CalPERS review and projections based on June 30, 2021 through June 30, 2025 actuarial valuations.

OPEB Valuations
The last actuarial valuation as of June 30, 2020 provided the funded status as of June 30, 2020, Actuarially Determined Contributions (ADCs) for the fiscal years ending June 30, 2022 and June 30, 2023, and was used as the basis for the City's GASBS 75 financial reporting for the fiscal years ending June 30, 2021 and June 30, 2022.

The next actuarial valuation as of June 30, 2022 will provide the funded status as of June 30, 2022, ADCs for the fiscal years ending June 30, 2024 and June 30, 2025, and will be used as the basis for the City's GASBS 75 financial reporting for the fiscal years ending June 30, 2023 and June 30, 2024.

The June 30, 2024 valuation will provide the funded status as of June 30, 2024, ADCs for the fiscal years ending June 30, 2026 and June 30, 2027, and will be used as the basis for the City's GASBS 75 financial reporting for the fiscal years ending June 30, 2025 and June 30, 2026.

CalPERS Review and Projections
The City participates in CalPERS, providing:
■ Miscellaneous
• Hired before December 30, 2012 the 2.7%@55 benefit formula and classic employees hired on or after December 30, 2012 the 2%@60 benefit formula
• For new members hired on or after January I, 2013, the PEPRA 2%@62 benefit formula ■ Safety Police (in CalPERS risk pool)
• Hired before December 30, 2012 the 3%@50 benefit formula and classic employees hired on or after December 30, 2012 the 3%@55 benefit formula
• For new members hired on or after January I, 2013, the PEPRA 2.7%@57 benefit formula CalPERS changed the following at the November 2021 Board meeting:
■ New asset allocation with 5% leverage
■ 6.8% discount rate
■ New demographic and economic assumptions based on the 2021 CalPERS experience study.

Our analysis will take into account recent and prior CalPERS changes and include projections of CalPERS employer contribution rates before and after any Employer Paid Member Contributions and cost-sharing.
411 Borel Avenue • Suite 620 • San Mateo, California 94402 main: 650/377-1600 • web: www.bartel-associates.com 2022-288 JKS/KJT

EXHIBIT A
33 Tina Olson
May 26, 2022

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Fee Quotes
The following summarizes our fee estimates OPEB valuations and CalPERS review and projections:

Pro.iect Fees
2021/22 GASBS 75 Report 1 $ 2,500
June 30, 2022 actuarial valuation funding report and conference call:
■ 6/30/22 funded status; 24,500
■ 2023/24, 2024/25 recommended contributions
OPEB ■ 2022/23 GASBS 75 Report 2,750
■ 2023/24 GASBS 75 Report 2,750
June 30, 2024 actuarial valuation funding report and conference call:
■ 6/30/24 funded status; 26,000
■ 2025/26, 2026/27 recommended contributions
■ 2024/25 GASBS 75 Report 3,000
■ 2025/26 GASBS 75 Report 3,000
OPEB subtotal 64,500
6/30/21 CalPERS Review and contribution projections $8,000 6/30/22 CalPERS Review and contribution projections 8,250 CalPERS 6/30/23CalPERS Review and contribution projections 8,500 6/30/24 CalPERS Review and contribution oroiections 8,750 6/30/25 CalPERS Review and contribution proiections 9,000 CalPERS subtotal 42,500
OPEB and CalPERS Total $107,000
Our fee quote assumes:
■ We will bill the City at the following 2022 hourly rates for the June 30, 2022 OPEB valuation and CalPERS review and contribution projections based on the June 30, 2021 valuation. Other projects will be billed based on hourly rates in effect at the time of work. The hourly rates will generally increase with inflation every year, but the fee quote above will not change:

Position 2022 Hourly Rate
Partner & Vice President $310
Assistant Vice President 280
Associate Actuary 230
Senior Actuarial Analyst 210
Actuarial Analyst 170
■ We will invoice the City monthly based on time incurred, subject to the above fee quotes. ■ There will be no additional charges for expenses ( e.g. telephone, copying, etc.). The hourly rates above include our costs for these items.

Based on 6/30/20 valuation
411 Borel Avenue • Suite 620 • San Mateo, California 94402 main: 650/377-1600 • web: www.bartel-associates.com 2022-288 JKS/KJT

EXHIBIT A
34 Tina Olson
May 26, 2022
Page3
OPEB
([v
■ OPEB actuarial valuations are prepared biennially with GASBS 75 accounting information reports prepared each fiscal year. The actuarial valuation would typically be done during the fiscal year following the valuation date and the GASBS 75 reports soon after the fiscal year-ends. ■ There are no changes in OPEB plan provisions, healthcare plan providers, funding policy, investment policy, or OPEB trust.
■ Costs and liabilities will be provided using one funding method and one set of assumptions. ■ The City has not changed its funding policy since the June 30, 2020 valuation. ■ Similar to the June 30, 2020 funding report, we will include the following information:
• Actuarial Liability, Present Value of Future Benefits, and the member counts by bargaining unit. • Existing outstanding amortization base balances and details (method, remaining period) by bargaining unit.
• Assets by bargaining unit.
• Any assumption tables that are custom (i.e. custom improvement tables/ mortality tables/ etc.) that are not derivable from the published report data.
• An Excel spreadsheet with the final data for active and retired members used to prepare the valuation. This should be the member-level data used as input into the projection application, as well as any supporting tables, and other input. Please provide a key for any fields that are not easily understood. This data should be provided by the actuary who prepared the valuation • Actuarial Liability, Present Value of Future Benefits, and the Member Count broken down by Active vs. Inactivate member statuses.
• Medical / Dental / etc. Premiums and Costs used in actuarial valuation. ■ For GASBS 75:
• Information will be presented for the plan as a whole with no breakdowns by benefit or by employee group.
• Our reports will include the actuarial information needed by the City and its auditor to assist in preparing the City's financial statements. Our estimated fees do not include draft OPEB footnotes. • Our reports will not contain information about the number of covered employees on measurement dates that are not valuation dates or total covered employee compensation in all years if that information is not provided to us. Our fee quotes do not include an amount for reviewing census data files for fiscal years between valuation dates. If the City would like us to do so, our fees will be higher.
■ Our fees will be higher if:
• Results are needed separately for additional employee groups. • Results are needed for alternative plan designs.
• The City requests additional meetings. We will base our fee for additional meetings on our billing rates and the time needed for the meetings and preparation. • Assistance with footnotes under GASBS 75 beyond our GASBS 75 reports (which will contain all actuarial related information needed for footnotes).

CalPERS
■ CalPERS review and contribution projections are prepared after CalPERS releases actuarial reports - typically about 12 months following the valuation date. ■ Our report will start with a brief summary of:
• Historical results
• Participant demographics, contribution rates, investment returns, and funded status 411 Borel Avenue • Suite 620 • San Mateo, California 94402 main: 650/377-1600 • web: www.bartel-associates.com 2022-288 JKS/KJT

EXHIBIT A
35 Tina Olson
May 26, 2022

Page 4 ends

• Analysis of change in required contributions for next year. ■ Our analysis will provide the City contribution and funded status projections short term (10 years) and long term (30 years). The projection will include the impact of the changes described above and will utilize Bartel Associates stochastic investment return model to show likely ranges of contributions.

We will include the combined impact of:
• PEPRA changes
• CalPERS contribution/amortization policies
• Discount rate changes, including the 6.8% June 30, 2021 discount rate • Lower expected investment returns over the next decade • CalPERS Board decisions in November 2021
• Investment return volatility.
■ The above fee quotes do not include time for:
• Formal Report. The project includes a discussion outline with significant detail. This document is not meant to be a stand-alone explanation to give to Council. A Formal Report is a stand-alone report summarizing results. Our fees to prepare this will be approximately $3,000. • More than 1 meeting. The above fees include a (virtual) meeting to discuss results with the City.

Additional meetings ( e.g. Council, Committee, or bargaining group meetings) will increase the above time by actual meeting and preparation time. If no additional work is necessary, then fees will be $1,500 to $2,000 for an additional virtual meeting.

Data Requirements
We will send the data requirements before each project starts.

Timing
Normally, we will need 6 to 8 weeks to complete the OPEB actuarial valuation after we receive all the requested information and the City replies to any questions we may have after our review of the information provided. We can usually provide the GASBS 75 accounting information reports within two weeks after we have received all GASBS 75 requested information. CalPERS review and contribution projections will be completed within 4 to 6 weeks after we receive all requested information.

We look forward to continue working with you and the City. Please call me at 650-377-1604 with any questions.

Sincerely,
,. .. ) j)
/:),,. (,vl,,C ,, c7- __ .,: .. '-
Bianca Lin, FSA
Assistant Vice President
c: Doug Pryor, Bartel Associates, LLC
O:\Clients\City of Livennore\Proposals\2022\BA LivermoreCi 22-05-26 OPEB and CalPERS Fee Letter.docx 411 Borel Avenue • Suite 620 • San Mateo, California 94402 main: 650/377-1600 • web: www.bartel-associates.com 2022-288 JKS/KJT

EXHIBIT A
36 EXHIBIT B

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

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

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

3. Workers' Compensation and Employer's Liability:

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

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

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

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

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

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

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

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

1. The City of Livermore, its officers, officials, employees, and designated Revised 5/112018 816-2ME&O

Page 1 ends

2022-288 JKS/KJT

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

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

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

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

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

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

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

Revised 5/1/2018 B16-2ME&O

Page 2 ends

2022-288 JKS/KJT

EXHIBIT A
38 CITY COUNCIL STAFF REPORT
ITEM NO. 5.3

DATE:

July 11, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution extending Downtown Design Review 18-006 to December 31, 2022 and awarding and authorizing execution of an agreement with WestCal Design and Build, Inc. for construction of the Livermore Village Parking Garage Construction, Phase 1: Trash Enclosure & Surface Lot Project No. 586003, in an amount not-to-exceed $1,520,000.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:
1 .

SUMMARY
The Livermore Village Parking Garage Construction Project involves constructing a garage and associated site improvements at the southwest corner of the Livermore Village site. Downtown Design Review 18-006 was approved by Council on September 10, 2018. Staff recommends that Downtown Design Review 18-006 be extended to December 31, 2022, due to the 2018 Referendum and COVID-19 pandemic in accordance with Livermore Development Code Section 9.12.070. The project is going to be constructed in two phases. The first phase of the project (Phase 1) will construct a 705 square foot trash enclosure building to store several of the waste bins used by businesses in the downtown (Livermore Village). Phase 1 also includes electrical infrastructure for future electric vehicle charging stations and improvements to the surrounding surface parking lot. Five bids for the Phase 1 project were received on May 10, 2022. Staff recommends the City Council award and authorize a construction contract with WestCal Design and Build, Inc., the lowest responsible and responsive bidder, and authorize the City Manager to sign the agreement. Phase 2 involves the construction of the Livermore Village Parking Garage.
39 DISCUSSION
On January 30, 2018, the City Council approved the locations for open space, housing, parking and circulation systems, cultural facilities, commercial uses, and a hotel for the Downtown catalyst sites. The approved plan includes additional parking on the northwest side of the existing Livermore Valley Parking Garage located at I Street and Railroad Avenue (I Street Garage) and additional parking at the southwest corner of the Livermore Village Site (Livermore Village Garage). City Council directed staff to maintain the existing parking supply during all phases of downtown development and to provide adequate parking for all existing and new development. The new Livermore Village Parking Garage will help the city meet these objectives. The Planning Commission reviewed the project on August 21, 2018. The Planning Commission determined that the project is consistent with the Livermore General Plan and related polices and recommended that the City Council approve the project. On September 10, 2018, the City Council approved Downtown Design Review 18-006 for the project subject to the Conditions of Approval. The City Council also directed staff to prepare and file a Notice of Determination for the project.

On September 10, 2018, the City Council adopted Resolution 2018-154 approving Specific Plan Amendment 18-001 (the “September 2018 Amendments”) to facilitate the phased implementation of the approved Downtown Plan and other provisions. One of the amendments allowed for an increased height for the Livermore Village Parking Garage. On October 11, 2018, the City received a referendum petition entitled " Referendum Against Portions of a Resolution Passed by the City Council Resolution No. 2018- 154" (hereinafter " Referendum"). The Referendum challenged three portions of the September 2018 Amendments, one of which included an increased height for the parking garage. The City Council repealed this and other portions of the September 2018 Amendments which necessitated several adjustments to the Downtown Plan. On May 11, 2020, the City Council readopted the Specific Plan Amendments to the three portions of the September 2018 Amendments challenged by the 2018 Referendum. The 2018 Referendum resulted in delays which effectively delayed construction of the Livermore Village Parking Garage.

The original plan was to construct the Livermore Village Parking Garage before the I Street Garage.

Development plans changed after the Livermore Village Parking Garage was entitled in September 2018. The final design of the Livermore Village Parking Garage was put on hold due to the referendum discussed above. The decision was made to construct the I Street Garage before the Livermore Village Parking Garage. Constructing the Livermore Village Parking Garage first would have removed a significant number of parking spaces and it would have been very difficult to maintain parking supply.

Only a handful of parking spaces were impacted during the construction of the I Street Garage. The Livermore Village Parking Garage construction will begin after the I Street Garage is open. New parking spaces in the I Street Garage will more than offset the parking spaces removed during construction of the Livermore Village Parking Garage.

This change in development plans delayed construction of the Livermore Village Parking Garage by a couple of years. The Livermore Village Parking Garage was further delayed due to delays with the I Street Garage.

I Street Garage construction was significantly delayed due to the COVID-19 local state of emergency declared by City Council on March 16, 2020. The original bids received for the I Street Garage on April 23, 2020, were rejected by City Council on September 28, 2020, due to uncertainties regarding the ability to construct the garage during the local state of emergency and also uncertainties regarding the financial impacts of the local state of emergency on the city's funding for the I Street 40 Garage. The I Street Project was rebid and awarded in 2021. Additionally, the COVID-19 pandemic prolonged the construction of the I Street Garage. Disruptions to the supply chain impacted deliveries of materials. Waves of infections also impacted the work crews constructing the garage.

Together, the 2018 Referendum, changes in development plans (constructing the I Street Garage before the Livermore Village Parking Garage) and I Street Garage construction delays due to the COVID-19 pandemic delayed construction plans for Livermore Village Parking Garage by approximately three years.

Livermore Development Code Section 9.12.070(A)(1) authorizes the Community Development Director to extend Downtown Design Review 18-006 by one year. However due to significant delays caused by the 2018 Referendum and the COVID-19 pandemic an extension in excess of one year is warranted.

Section 9.12.070(C)(1) authorizes the City Council to extend entitlements in excess of one year if there have been no changes in circumstances, law, or General Plan or Development Code policies that would preclude the review authority from making the findings upon which the original approval was based.

Because there have been no changes in circumstances, law, or General Plan or Development Code policies that would preclude the Council from making the findings upon which the original approval was based, staff recommends that the City Council extend Downtown Design Review 18-006 to December 31, 2022. This extension will allow the final design to be completed for the Livermore Village Garage and for the building permit to be obtained prior to the end of 2022. The current schedule is to advertise Phase 2 in late summer 2022 and begin construction in fall 2022.

As shown in Attachment 1, the Livermore Village Parking Garage Construction Project 586003 is going to be constructed in two phases. The first phase will involve reconfiguring the surface parking lot south of Veterans Way and east of the future garage. Improvements during the first phase also include constructing a trash enclosure and electrical infrastructure for future electric vehicle charging stations.

The Planning Division approved Downtown Design Review 21-017 for the Phase 1 Improvements on January 12, 2022.

The second phase, which will receive bids for construction in fall 2022, will consist of building the four-level, 452 space garage, constructing a new pedestrian path between First Street and the garage, and extending the pedestrian path on the east side of the surface lot. Additional Phase 2 improvements include an access road south of the garage, landscaping north of the garage on Veterans Way, surface lot improvements connecting the garage to the Phase 1 lot, installing a crosswalk at Veterans Way and L Street, and improvements along the property lines between the businesses and the garage.

On April 22, 2019, the City Council directed staff to provide information regarding options for enhancing the appearance of the entrance from Veterans Way to First Street businesses, including pavement striping and recommendations for relocation of dumpsters. Several businesses are storing trash bins out in the open in the area behind the First Street businesses, between South Livermore Ave and L Street.

Some bins are stored on city-owned property preventing the public from parking in those areas. The trash enclosure will provide a public benefit by helping to clean up this area. First Street businesses without sufficient property for trash bins will be able to store their trash bins in the trash enclosure.

Initially, it is anticipated that Los Caporales Taqueria, the First Street Alehouse, La Botica, and Plucked Chicken & Beer will use the trash enclosure. The businesses using the trash enclosure will be responsible for operation and maintenance (O&M) costs which include routine cleaning of the building and utility fees. License agreements with each business will be in place before use. O&M costs will be split amongst the businesses based on the percentage of the volume of their bins compared to the total volume of all bins in the facility.
41 The surface parking lot next to the parking garage will be designed to accommodate 16 electric vehicle charging spaces. The Phase 1 project will include installing the underground conduits for the electrical vehicle stations. East Bay Community Energy (EBCE) will complete the installation of the electric vehicle stations. EBCE will also operate and maintain the electric vehicle direct chargers. These will be Level 3 fast charging stations capable of providing around 240 miles of charge in an hour. The second phase of the project will include an additional 16 EBCE fast chargers in the garage and 18 City-owned and operated Level 2 chargers in the garage. Together, these 50 electric vehicle chargers will satisfy the requirements for the garage.

Other surface lot modifications include new paving, landscaping, and striping. ADA parking and path of travel improvements will also be provided. These improvements will enhance the appearance of the entrance from Veterans Way to the First Street businesses. The surface lot will provide 30 spaces at the end of the Phase 1 project and will be expanded to 40 spaces when Phase 2 is completed.

Staff advertised the project on April 6, 2022, for a bid opening on May 10, 2022. The city received 5 bids for the project. The lowest responsible and responsive bid was received from WestCal Design and Build, Inc. for $1,520,000. WestCal Design and Build, Inc. is based in Union City and has worked on projects locally for the cities of Pleasanton, Fremont, San Jose and Palo Alto Unified School District. Staff has checked references for WestCal Design and Build, Inc. and found them satisfactory.

The following is a list of the bids received and the Engineer's estimate for the project:

Livermore Village Parking Garage Construction, Phase 1: Trash Enclosure & Surface Lot Project 586003 Bid Results

Contractor
Location
Bid Amount
WestCal Design and Build, Inc
Union City
$1,520,000
Ghilotti Construction Company
Santa Rosa
$1,900,000
Svala Construction, Inc.

San Francisco
$1,928,000
Robert A Bothman Construction
Santa Clara
$2,098,000
CWS Construction Group, Inc.

Novato
$2,435,000
Engineer's Estimate

$1,570,000

In accordance with Livermore Municipal Code Section 2.68.560(B), the City Manager can authorize change orders up to a cumulative amount of 10 percent, or $152,000.

FISCAL AND ADMINISTRATIVE IMPACTS

The Phase 1 construction contract award amount is $1,520,000. Funding for this agreement, change orders, inspections, project management, and other Phase 1 project costs is covered in the budget for the Livermore Village Parking Garage Construction Project 586003 in the FY 2021-23 Capital Improvement Plan. The project is funded with General Funds (Fund 001) and Debt Construction Funds (Fund 320). Funding for the second phase of the Livermore Village Parking Garage Construction Project will be requested with authorization to issue certificates of participation (COPs) to fund the project, which 42 will be brought before Council in September 2022. The businesses using the trash enclosure will pay for trash enclosure operation and maintenance costs and East Bay Community Energy will pay for the electric vehicle charging stations operation and maintenance costs. Therefore, the Phase 1 project will not increase the city's operation and maintenance costs.

ATTACHMENTS

1. Livermore Village Parking Garage Site Plan

2. Resolution

3. Exhibit A - Agreement with WestCal Design and Build, Inc

Prepared by: Joel Waxdeck
Assistant City Engineer

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
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ATTACHMENT 1
44 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION EXTENDING DOWNTOWN DESIGN REVIEW 18-006
TO DECEMBER 31, 2022 AND

AUTHORIZING EXECUTION OF AN AGREEMENT WITH WESTCAL
DESIGN AND BUILD, INC. FOR PHASE 1 CONSTRUCTION OF THE

LIVERMORE VILLAGE PARKING GARAGE, IN AN AMOUNT NOT-TO-
EXCEED $1,520,000
(Livermore Village Parking Garage Construction, Project No. 586003) The Livermore Village Parking Garage Construction Project 586003 involves constructing a garage and associated site improvements at the southwest corner of the Livermore Village site.

The Planning Commission reviewed the Livermore Village Parking Garage Construction Project on August 21, 2018. The Planning Commission determined that the project is consistent with the Livermore General Plan and related policies and recommended that the City Council approve the project. On September 10, 2018, the City Council approved Downtown Design Review 18-006 for the Livermore Village Parking Garage Construction Project subject to the Conditions of Approval and directed staff to prepare and file the Notice of Determination for the project.

On January 23, 2020, the Centers for Disease Control and Prevention (“CDC”) activated its emergency response system to provide ongoing support for the response to COVID-19 in the United States.

On January 31, 2020, the Secretary of the United States Department of Health and Human Services declared a public health emergency for the entire United States to aid the nation's healthcare community in responding to COVID-19.

On February 25, 2020, the CDC and Prevention announced that community spread of COVID-19 is likely to occur in the United States.

On March 1, 2020, Health Officer of Alameda County declared a public health emergency throughout the County of Alameda.

On March 4, 2020, the Governor of California proclaimed a state of emergency exists in California after making determinations that:

1. The conditions caused by COVID-19 are likely to require the combined forces of a mutual aid region or regions to appropriately respond; and,

2. Local authority is inadequate to cope with the threat posed by COVID-19. 45 RESOLUTION NO. ________
On March 12, 2020, the Alameda County Department of Public Health confirmed evidence of community-acquired transmission.

On March 13, 2020, the President of the United States of America declared a national state of emergency in response to the spread of COVID-19 within the United States of America.

On March 16, 2020, the City Council adopted a resolution ratifying the declaration of local emergency (Resolution No. 2020-033).

On June 8, July 27, September 14, November 9, December 14, 2020, February 8, March 22, May 10, June 28, July 26, September 13, October 25, November 22, December 13, 2021, January 10, February 14, and February 28, 2022, and May 23, 2022 the City Council adopted resolutions of continued local emergency (Resolution Nos. 2020-78, 2020-133, 2020-166, 2020-207, 2020-235, 2021-018, 2021-037, 2021- 063, 2021-112, 2021-140, 2021-155, 2021-179, 2021-195, 2021-217, 2022-006, 2022- 016, and 2022-022, and 2022-077 respectively).

On September 10, 2018, the City Council adopted Resolution 2018-154 approving Specific Plan Amendment 18-001 (the “September 2018 Amendments”) to facilitate the phased implementation of the approved Downtown Plan and other provisions. One of the amendments allowed for an increased height for the Livermore Village Parking Garage. On October 11, 2018, the City received a referendum petition entitled "Referendum Against Portions of a Resolution Passed by the City Council Resolution No. 2018- 154" (hereinafter "Referendum"). The Referendum challenged three portions of the September 2018 Amendments, one of which included an increased height for the parking garage. The City Council repealed this and other portions of the September 2018 Amendments which necessitated several adjustments to the Downtown Plan. On May 11, 2020, the City Council readopted the Specific Plan Amendments to the three portions of the September 2018 Amendments challenged by the 2018 Referendum. Nevertheless, the 2018 Referendum resulted in delays which effectively delayed construction of the Livermore Village Parking Garage.

Together, the 2018 Referendum, changes in downtown development plans (constructing the I Street Garage before the Livermore Village Parking Garage), and the I Street Garage construction delays due to the COVID-19 pandemic delayed construction plans for Livermore Village Parking Garage by approximately three years.

Livermore Development Code Section 9.12.070(A)(1) authorizes the Community Development Director to extend Downtown Design Review 18-006 by one year.

However due to significant delays caused by the 2018 Referendum and the COVID-19 pandemic, an extension in excess of one year is warranted. Section 9.12.070(C)(1) authorizes the City Council to extend entitlements in excess of one year if there have been no changes in circumstances, law, or General Plan or Development Code policies that would preclude the review authority from making the findings upon which the original approval was based. Because there have been no changes in circumstances, law, or General Plan or Development Code policies that would preclude the City Council 46 RESOLUTION NO. ________
from making the findings upon which the original approval was based, staff recommends that the City Council extend Downtown Design Review 18-006 to December 31, 2022.

The Livermore Village Parking Garage Construction Project 586003 is going to be constructed in two phases. Phase 1 will involve reconfiguring the surface parking lot south of Veterans Way and east of the future garage. Improvements during Phase 1 also include constructing a trash enclosure and electrical infrastructure for future electric vehicle charging stations. The second phase, which will receive bids for construction in fall 2022, will consist of building the four-level, 452 space garage, constructing a new pedestrian path between First Street and the garage, and extending the pedestrian path on the east side of the surface lot in addition to other improvements.

The Planning Division approved Downtown Design Review 21-017 for the Phase 1 Improvements on January 12, 2022.

The City of Livermore advertised on April 6, 2022, and opened bids on May 10, 2022, for construction of the Livermore Village Parking Garage Construction, Phase 1:

Trash Enclosure & Surface Lot, Project No. 586003 ("Project").

Staff recommends awarding the project to WestCal Design and Build Inc., the lowest responsible and responsive bidder for the Project.

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

1. Finds, based on the whole record before it, the environmental impacts of the Project are within the scope of the Downtown Specific Plan 2009 Subsequent Environmental Impact Report, the 2004 Final Environmental Impact Report and the addendum approved by City Council in January 2018, in accordance with the California Environmental Quality Act (“CEQA”). No substantial project changes are proposed which would require major revisions to the 2009 Subsequent EIR, the 2004 Final EIR, or the addendum. There were no substantial changes in environmental circumstances that would result in new or more significant environmental effects than were identified in the 2009 Subsequent EIR, the 2004 EIR, or addendum.

2. Finds that there have been no changes in circumstances, law or General Plan, or Development Code policies that would preclude the City Council from making the findings upon which the original approval for Downtown Design Review 18-006 was based.

3. Extends Downtown Design Review 18-006 to December 31, 2022, for the Livermore Village Parking Garage Construction Phase 1, Project No. 586003 due to the 2018 Referendum and the COVID-19 pandemic in accordance with Livermore Development Code Section 9.12.070(C)(1).; and 47 RESOLUTION NO. ________

4. Authorizes the City Manager to execute an agreement, attached hereto as Exhibit A, with WestCal Design and Build Inc., in an amount not-to-exceed $1,520,000, for the construction of the Livermore Village Parking Garage Construction, Phase 1, Project No. 586003.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 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 Alcala
City Clerk City Attorney
Exhibit A - Agreement with WestCal Design and Build, Inc. 48 EXHIBIT A
49 EXHIBIT A
50 EXHIBIT A
51 EXHIBIT A
52 EXHIBIT A
53 EXHIBIT A
54 CITY COUNCIL STAFF REPORT
ITEM NO. 5.4

DATE:

July 11, 2022
TO:

Honorable Mayor and City Council
FROM:

Christine Martin, Assistant City Manager
SUBJECT:

Resolution authorizing the budgeted expenditure of $179,190 for local cable programming services by Tri-Valley Community Television for Fiscal Year 2022-23.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the budgeted General Fund expenditure of $179,190 for Tri-Valley Community Television operating funds for Fiscal Year 2022-23.

SUMMARY
Community television stations provide transparency and access for residents and business owners by broadcasting local government meetings and programming. Tri-Valley Community Television (TVCTV) cannot use public, educational, governmental (PEG) fees paid by cable subscribers for operational uses due to federal and state law. Therefore, the cities of Dublin, Livermore, and Pleasanton provide operational funding. The City of Livermore's share for Fiscal Year 2022-23 is $179,190, and this funding for local programming services was included in the City's Fiscal Year 2022-23 Financial Plan approved by the City Council on
June
13, 2022.

DISCUSSION
TVCTV serves the educational and government access needs for the cities of Dublin, Livermore, and Pleasanton via Channels 28, 29, and 30. It televises local City Council and School Board meetings, high school sports games, and other local events like holiday parades. TVCTV also produces local programming like "Slice of Life" and provides outreach opportunities for the cities, local law enforcement, businesses, and non-profits.

In addition to the operational fund
ing, $30,000 is budgeted for City Council and special meeting video services and up to $69,000 of PEG
funds may be reimbursed to TVCTV for capital expenses. PEG funds are received from the cable television franchise for use on public, education, and government access.

They can only be used for capital expenses, not operations.

The cities of Dublin, Livermore, and Pleasanton continue to support federal legislation that would 55 eliminate the restriction on PEG fee uses. If such legislation modified language in current law, then operational expenses could be shifted from Livermore's General Fund to its PEG Special Revenue Fund.

However, all federal legislative efforts supported by local governments and other organizations have failed for the last several years.

FISCAL AND ADMINISTRATIVE IMPACTS

The TVCTV funding was included as part of the General Fund appropriation in the FY 2022-23 Financial Plan approved by the City Council on June 13, 2022. The City's Municipal Code Chapter 2.68, Contracts and Purchasing, requires approval for commitments in excess of $100,000. No additional appropriation is necessary.

ATTACHMENTS

1. Resolution

Prepared by: Christine Martin
Assistant City Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE BUDGETED EXPENDITURE OF
$179,190 FOR LOCAL CABLE PROGRAMMING SERVICES BY
TRI-VALLEY COMMUNITY TELEVISION FOR FISCAL YEAR 2022-23 Tri-Valley Community Television (“TVCTV”) cannot use public, educational, governmental (“PEG”) fees paid by cable subscribers for operational uses due to federal and state law. The Cities of Dublin, Pleasanton, and Livermore provide operational funding from their general fund budgets. The City of Livermore’s share of the annual operating funds is $179,190, which pays for local programming services.

The TVCTV funding was included as part of the General Fund appropriation in the FY 2022-23 Financial Plan approved by the City Council on June 13, 2022. The City’s Municipal Code Chapter 2.68, Contracts and Purchasing , requires City Council approval for expenditures exceeding $100,000. Staff recommended the City Council authorize the City Manager to expend the $179,190 budgeted for cable programming services. No additional appropriation is necessary for Fiscal Year 2022-23.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the budgeted expenditure of $179,190 as part of the General Fund for local cable programming by Tri-Valley Community Television for Fiscal Year 2022-23.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 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
57 CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

July 11, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution approving the City of Livermore’s Title VI Program and Implementation Plan and authorizing staff to amend the Plan annually to comply with federal anti- discrimination regulations pursuant to Title VI of the Civil Rights Act of 1964.

RECOMMENDED ACTION

SUMMARY
The City of Livermore is a recipient of federal funds and federal programs that require the City to have a Title VI of the Civil Rights Act of 1964 Program and Implementation Plan (Plan). Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance. Specifically, Title VI provides that "no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance" (42 U.S.C. Section 2000d). In addition to Title VI, the other nondiscrimination statutes that afford legal protection are: Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 USC 324) (sex), Age Discrimination Act of 1975 (age), Section 504 of the Rehabilitation Act of 1973/Americans with Disabilities Act of 1990 (disability), Presidential Executive Order 12898 addressing environmental justice in minority and low-income populations, and Presidential Executive Order 13166 addressing services to those individuals with limited English proficiency. Together, these requirements define the over-arching Title VI Program.

The City of Livermore is committed to ensuring that no person is excluded from participation in or denied the benefits of its services on the basis of race, color, national origin, or any other category as identified by Title VI of the Civil Rights Act of 1964 and related statutes. The approval of a Title VI Program and Implementation Plan by the City’s governing body is required under Title 23 CFR 200.9(b)(11) and will ensure the City’s commitment to implementation.
58 Title 23 of the Code of Federal Regulations (CFR) 200.9(b)(11) also requires an annual review of the Title VI Program and Implementation Plan to determine the effectiveness of program areas. The Plan is a living document and will be amended annually to comply with Title 23 CFR 200.9(b)(11).

DISCUSSION
The City of Livermore is a recipient of federal funds from a variety of sources, including but not limited to the Federal Highway Administration, Federal Aviation Administration, Federal Emergency Management Agency, United States Environmental Protection Agency, Health and Human Services Coronavirus Aid and Relief, and Economic Security Act, etc. As the recipient of federal funds, the City has to comply with Title VI of the Civil Rights Act of 1964 and have a Title VI Program and Implementation Plan (Plan).

On April 6, 2021, the city entered into an agreement with MIG, Inc. to develop the City’s Plan. The City's Title VI Plan team consists of staff from Community Development, City Manager’s Office, and City Attorney’s Office who have been working closely with MIG to develop the Plan.

The key requirements and components of the Plan are summarized below:

1 .

Designation of a Title VI Program Manager
– The Plan must be implemented under a
designated Title VI Program Manager. The designated Program Manager is currently the Assistant City Manager or their designee. The Title VI Program Manager will work with Title VI Liaison Managers and Grant Managers in every department to implement and monitor compliance with the Plan.
2 .

Title VI Program Monitoring
– In addition to self-monitoring and ensuring compliance, the city is also required to monitor and ensure that contractors and consultants hired for federally-funded City projects or programs agree to comply with the Title VI of the Civil Rights Act of 1964. This is accomplished by including Title VI assurance clauses in the procurements for construction contracts, architectural & engineering services and other professional service contracts. 3 .

Public Information
Requirements -
To ensure transparency and accessibility, the
city
has to
create a Title VI website page. The dedicated Title VI website will have the Plan, the contact information of the Title VI Program Manager, complaint forms and other related information. The city
also has to post Title VI information posters publicly at all City facilities. The posters in English and Spanish will include a person’s rights under the Title VI of the Civil Rights Act of 1964 statement, the contact information of the Title VI Program Manager, and the link to the Title VI website.
4 .

Limited English Proficiency Four Factor Analysis
– To ensure accessibility to programs and
services to otherwise eligible persons who are not proficient in the English language, an analysis was completed to determine which languages the City needs to use on the Title VI information and forms for the public. Based on the Four Factor Analysis under the Safe Harbor Provision, the City will, as resources and budget allow, translate vital documents into Spanish, including:

Applications
Consent forms
Complaint forms
Intake forms with potential for health consequences,
Letters/notices pertaining to eligibility for benefits; rights; the reduction, denial, or termination of services or benefits; that require a response; or that are part of emergency preparedness or risk communications
59 Documents that must be provided by law
Notices regarding the availability of free language assistance services 5 .

Complaints Procedure
– The Plan outlines the procedure for complaints. Complaint forms are available in English and Spanish. Any person who believes that they have been subjected to discrimination may file a signed written complaint up to one hundred and eighty days from the date of the alleged discrimination. The city is required to promptly resolve deficiencies and prepare the necessary remedial action within 90 days.
6 .

Data Collection Procedures
- The purpose of data collection and analysis is to identify benefits and burdens of the planned project on the surrounding communities as well as identifying any disproportionate or disparate impact or burden on minority populations and low-income populations. The city will perform most of the data collection and analysis as projects are planned.

Data collection efforts specific to each department and division will be established and carried out as required by each specific federal funding agency.
7 .

Staff Training
- The City will develop, schedule and conduct training to ensure that City staff are fully informed and understand their responsibilities regarding the Plan requirements. The training will include strategies and procedures to help ensure this happens. On May 18, 2021, MIG provided training to 26 senior level staff representing various City departments. The goal is to complete the initial citywide training within 6 months of Plan adoption. Subsequent trainings will be provided every two years, with an emphasis on any updates to federal requirements. The Title VI training videos provided by the US Justice Department will be included in the on-boarding process for new employees. New employees will be required to complete the training within 6 months of hire.
8 .

Annual Accomplishment Report
– The Plan is a living document and will be amended annually to comply with federal regulations. The Title VI Goals and Accomplishments Report is an annual report written to document the City's progress toward compliance with Title VI in our programs and activities. The report should list all of the accomplishments the city has achieved in the area of Title VI, such as program area reviews, training, and processing of Title VI complaints. The goals section of the report will explain what the city plans to accomplish in the upcoming year in relation to our Title VI program. The annual report is required to be signed by the Title VI Program Manager or their assignee by August 1st of each Federal Fiscal Year. Recommendations in the annual report will be incorporated into the Title VI Program and Implementation Plan.

The Plan is ready for City Council approval. Completion of the Plan is timely because on April 22, 2022, California Department of Transportation (Caltrans) initiated a Title VI compliance review. The Title VI compliance questionnaire, the approved Plan, and the supporting documentation must be submitted to Caltrans by July 22, 2022. Approval of the Plan will allow staff to submit the required documents to Caltrans and complete the Title VI compliance review.

ENVIRONMENTAL DETERMINATION

The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State California Environmental Quality Act (CEQA) Guidelines) and therefore CEQA is not applicable.

FISCAL AND ADMINISTRATIVE IMPACTS

The funding to develop and implement the plan is included in the FY 2021-23 operations budget.

ATTACHMENTS
60 1. Resolution

2. Exhibit A - Title VI Program and Implementation Plan

Prepared by: Mallika Ramachandran
Assistant City Engineer

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION APPROVING THE CITY OF LIVERMORE’S TITLE VI PROGRAM

AND IMPLEMENTATION PLAN AND AUTHORIZING ANNUAL AMENDMENTS TO THE PLAN TO COMPLY WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 The City of Livermore is a recipient of federal funds from a variety of sources, including but not limited to Federal Highway Administration (FHWA), Federal Aviation Administration, Federal Emergency Management Agency, the United States Environmental Protection Agency, Health and Human Services, Coronavirus Aid and Relief, and Economic Security Act.

As the recipient of federal funds, the City must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and must have a Title VI Program and Implementation Plan in effect.

Title VI forbids discrimination against anyone in the United States on the basis of race, color, or national origin in the programs and activities of an agency receiving federal financial assistance.

In addition to Title VI, the other nondiscrimination statutes that afford legal protection are: Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 USC 324) (sex), Age Discrimination Act of 1975 (age), and Section 504 of the Rehabilitation Act of 1973/Americans with Disabilities Act of 1990 (disability), and Presidential Executive Order 12898 which addresses environmental justice in minority and low-income populations and Presidential Executive Order 13166 which addresses services to those individuals with limited English proficiency. Together, these requirements define the over-arching Title VI Program.

Title 23 of the Code of Federal Regulations (CFR) section 200.9(b)(11) requires an annual review of the Title VI Program and Implementation Plan to determine the effectiveness of program areas. The Title VI Program and Implementation Plan is a living document and will be amended annually to comply with 23 CFR 200.9(b)(11).

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

1. The City Council approves the City of Livermore’s Title VI Program and Implementation Plan, a copy of which is attached as Exhibit A, and is incorporated by this reference.

2. The City Council authorizes staff to amend the Title VI Program and Implementation Plan annually to comply with comply with 23 CFR 200.9(b)(11). 62 RESOLUTION NO. ________

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

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS
ATTEST: APPROVED AS TO FORM:
/s/ Tara Mazzanti_________________
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Title VI Program and Implementation Plan
63 EXHIBIT A

City of Livermore
Title VI Program and Implementation Plan
July 2022

64 65

EXHIBIT A

ACKNOWLEDGMENTS
Livermore Title VI Program and Implementation Plan Lead

Mallika Ramachandran, P.E.

Assistant City Engineer

Livermore Title VI Program and Implementation Plan Leadership Team

Christine Martin
Assistant City Manager, City Manager’s
Office
Stephanie Egidio
Management Analyst, City Manager’s Office
Janet Hamilton
Risk Manager/ADA Coordinator, City
Attorney’s Office
Tara Mazzanti
Assistant City Attorney, City Attorney’s
Office
Mallika Ramachandran
Assistant City Engineer, Community
Development Department
Jas Sidhu
Risk Management Analyst, City Attorney’s
Office

Livermore Title VI Program and Implementation Plan Working Group

Doug Alessio
Assistant City Manager
Nathan Brumley
Library Services Director
Bhavna Chaudhary
Finance Manager, Administrative Services
Herbert Cole
Emergency Manager, City Manager’s Office
Ann Furtado
Accounting Supervisor, Finance Department
Clay James
Assistant City Clerk
Christine Martin
Assistant City Manager
Sean Moran
Airport Manager, Public Works Department
Asceneth Paez-Arroyo
Horizons Family Counseling, Police
Department
Sean Prevette
Management Analyst II, Public Works
Department
Darrell Revier
Neighborhood Preservation Officer,
Community Development Department
Matthew Sarsfield
Police Department
Brent Smith
Building Official, Community Development
Department
Paul Spence
Community Development Director
Steve Stewart
Planning Manager, Community
Development Department
Joe Testa
Deputy Fire Chief, Fire Department
Bob Vinn
City Engineer, Engineering Department
Amy Walker
Human Services Analyst, Housing and
Human Services Department
Joel Waxdeck
Assistant City Engineer, Engineering
Department
Claudia Young
Housing and Human Services Department

MIG, Inc.

Joan Chaplick
Principal
Maria Mayer
Senior Project Associate
66 EXHIBIT A

TABLE OF CONTENTS

I. INTRODUCTION ........................................................................................................................................ 1 II. TITLE VI POLICY STATEMENT ........................................................................................................... 3 III. ORGANIZATION, STAFFING, AND STRUCTURE ........................................................................ 4 Mission ............................................................................................................................................ 4 Function and Responsibilities ...................................................................................................... 4 Figure 1 - Organization Chart ...................................................................................................... 7 IV. TITLE VI PROGRAM MANAGER AND STAFFING PLAN .......................................................... 8 Figure 2 - Title VI Program Staffing Plan ................................................................................... 9 V. KEY TITLE VI PROGRAM REQUIREMENTS ................................................................................ 10 VI. TITLE VI PROGRAM MONITORING ................................................................................................. 12 Title VI Assurances ..................................................................................................................... 12 Annual Update ............................................................................................................................. 12 VII. PUBLIC INFORMATION REQUIREMENTS ................................................................................... 13 EXHIBIT 1 – WEBSITE POSTING ........................................................................................... 14 EXHIBIT 2 - TITLE VI POSTER – ENGLISH .......................................................................... 15 EXHIBIT 3 - TITLE VI POSTER – SPANISH .......................................................................... 16 VIII. LIMITED ENGLISH PROFICIENCY FOUR FACTOR ANALYSIS .......................................... 17 Introduction ................................................................................................................................... 17 Designing an Effective LEP Policy ........................................................................................... 17 a) Elements of an Effective LEP Policy ........................................................................17 b) Methodology for Assessing Needs and Reasonable Steps ......................................18 c) The Four-Factor Analysis ........................................................................................18 d) Safe Harbor Provision .............................................................................................20 e) Translation of Vital Documents ................................................................................20 f) Language Assistance Measures ..............................................................................21 g) LEP Plan Monitoring ................................................................................................22 h) Staff LEP Training ...................................................................................................22 IX. COMPLAINTS PROCEDURE .............................................................................................................. 23 EXHIBIT 4 - TITLE VI COMPLAINT FORM - ENGLISH ....................................................... 25 EXHIBIT 5 - TITLE VI COMPLAINT FORM - SPANISH ....................................................... 26 X. DATA COLLECTION PROCEDURES .............................................................................................. 27 XI. TITLE VI TRAINING ................................................................................................................................ 28 XII. TITLE VI GOALS AND ACCOMPLISHMENTS REPORTING .................................................. 30 XIII. ATTACHMENTS ...................................................................................................................................... 31 ATTACHMENT A - FAA CIVIL RIGHTS, TITLE VI COMPLIANCE .................................... 32 67 EXHIBIT A

ATTACHMENT B - FHWA TITLE VI COMPLIANCE ............................................................. 35 ATTACHMENT B1 - CALTRANS TITLE VI COMPLIANCE REVIEW ................................ 37 ATTACHMENT C - FEMA TITLE VI COMPLIANCE ............................................................. 40 ATTACHMENT C1 - FEMA FEDERAL PROVISIONS AND DBE FORMS ........................ 41 ATTACHMENT E - SAMPLE PUBLIC NOTICE (ENGLISH) ................................................ 53 ATTACHMENT E1 - SAMPLE PUBLIC NOTICE (SPANISH) ............................................. 54 ATTACHMENT F - TITLE VI COMPLAINT LOG ................................................................... 55 ATTACHMENT G - LIMITED ENGLISH PROFICIENCY DATA COLLECTION FORM ... 56 ATTACHMENT G1 - LEP STAFF SURVEY ........................................................................... 58 ATTACHMENT G2 - BILINGUAL STAFF ................................................................................ 60 ATTACHMENT H - TITLE VI TRAINING LOG ....................................................................... 61

68 EXHIBIT A

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I. INTRODUCTION

The City of Livermore (City) is a recipient of federal funds from a variety of sources, including but not limited to Federal Highway Administration (FHWA), Federal Aviation Administration (FAA), Federal Emergency M anagement Agency (FEMA), United State Environmental Protection Agency (USEPA), Health and Human Services (HHS) Coronavirus Aid and Relief, and Economic Security (CARES) Act grants. Recipients of federal funds are required to comply with various federal nondiscrimination laws and regulations, including Title VI of the Civil Rights Act of 1964 (Title VI).

Title VI forbids discrimination against anyone in the United States on the basis of race, color, or national origin in the programs and activities of an agency receiving federal financial assistance.

In addition to Title VI, the other nondiscr imination statutes that afford legal protection are:

Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 USC 324) (sex), Age Discrimination Act of 1975 (age), and Section 504 of the Rehabilitation Act of 1973/Americans with Disabilities Act of 1990 (disability), and Presidential Executive Order 12898 addresses environmental justice in minority and low -income populations and Presidential Executive Order 13166 addresses services to those individuals with limited English proficiency. Together, these requirements define the over-arching Title VI Program.

Recipients of federal funds are required to prepare a plan to clarify roles, responsibilities, and procedures to ensure compliance with Title VI and related non- discrimination statutes. City of Livermore is committed to ensuring that no person is excluded from participation in or denied the benefits of its services on the basis of race, color, or national origin, as protected by Title VI of the Civil Rights Act of 1964.

The City through the approval and implementation of the Title VI Program and Implementation Plan (PLAN) will ensure compliance with the Title VI of the Civil Rights Act of 1964. The City expects every manager, supervisor, employee, and sub recipient of federal -aid funds administered by the City to be aware of and apply the intent of PLAN and related nondiscrimination statutes in performing assigned duties.

It is important to also understand that Title VI and the additional nondiscrimination requirements apply to all City of Livermore programs even when only one program receives federal funds.

The Civil Rights Restoration Act of 1987 defined the word “program ” to make clear that discrimination is prohibited throughout an entire agency if any part of the agency receives federal funds. Simply stated, the City of Livermore is to ensure that none of its activities or programs treats any part of a community any differently than another.

The PLAN is implemented under the designated Title VI Program Manager who works with Title VI Liaison Managers and Grant Managers in every department to implement and monitor compliance with Title VI Program and Implementation Plan. The designated Program Manager is currently the Assistant City Manager or their designee.

The Title VI Program Manager is responsible for developing procedures, reporting data, conducting assessments, providing training resources and tracking complaint resolution, etc.

69 EXHIBIT A

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The department level Title VI Liaison Managers and Grant Managers have the responsibility to implement and monitor the PLAN in their functional areas and provide input for program updates, elevate unresolved complaints, ensure that staff have received Title VI training during onboarding and every two years as required and manage program specific reporting and audits, etc.

Title 23 of the Code of Federal Regulations (CFR) 200.9(b)(11) requires an annual review of the Title VI Program and Implementation Plan to determine the effectiveness of program areas. The PLAN is a living document and will be amended annually to comply with 23 CFR 200.9(b)(11).

The Title VI Program Manager, the Liaison Managers and Grant Managers will be responsible for the annual review and the update of the PLAN.

The PLAN must be submitted to State or Federal Agencies when a Title VI Compliance Review is initiated or when requested by these agencies.
70 EXHIBIT A

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II. TITLE VI POLICY STATEMENT

Title VI of the Civil Rights Act of 1964 (Title VI) prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance.

Specifically, Title VI provides that "no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance" (42 U.S.C. Section 2000d).

In addition to Title VI, the other nondiscrimination statutes that afford legal protection are:

The City of Livermore (City) is committed to ensuring that no person is excluded from participation in or denied the benefits of its services on the basis of race, color, or national origin, as protected by Title VI. This Title VI Program and Implementation Plan ( PLAN) was developed to guide the City in its administration and management of all City programs and focuses on the functional areas with significant public contact and public impact responsibilities and provides the policy direction necessary to ensure compliance with Title VI and related non- discrimination statutes.

City through its Assistant C ity Manager or their designee, works with staff to implement and monitor compliance with Title VI non- discrimination requirements. The Title VI Program Manager is responsible for coordinating the efforts of the City to comply with Title VI and to investigate any concerns, complaints, or requests regarding access to City programs, services, and activities.

The department Title VI Liaison and Grant Managers are responsible for the application of Title VI in their respective program areas and are responsible for ensuring Title VI compliance in their respective divisions through policy development, procedures, and monitoring. These individuals will work closely with the Title VI Program Manager

To obtain more information regarding the Title VI Program and Implementation Plan please contact:

Christine Martin, Assistant City Manager
Title VI Program Manager
City of Livermore
City Manager’s Office
1052 South Livermore Avenue
Livermore, CA 94550
[email protected]
925-960-4040

The Title VI Program and Implementation Plan and Title VI Complaint Forms can be obtained on the City of Livermore’s website at: www.livermoreca.gov/TitleVI. 71 EXHIBIT A

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III. ORGANIZATION, STAFFING, AND STRUCTURE

Mission
The City of Livermore provides efficient, attentive and courteous service; promotes economic vitality and innovation; and works to enhance the community and quality of life for Livermore residents.

Function and Responsibilities

The City has many programmatic responsibilities and oversees a variety of activities. The City ’s organizational structure and the functions and responsibilities to ensure compliance with the Title VI of the Civil Rights Act of 1964 are summarized below:
• City Council: The City Council is the legislative body and makes laws and policy decisions through the enactment of ordinances and resolutions. The City Council consists of four Council Members and a Mayor. The City Council guides the City on policies and programs to im plement. To promote Title VI and to ensure equity, the City Council will support strategies to improve the participation of under- represented groups in the planning and decision making process.
• City Manager: The City Manager's Office implements the policy decisions and priorities of the City Council; communicates Livermore’s vision and values as determined by the City Council and the community; and cultivates a customer service philosophy. The designated Title VI Program Manager is currently the Assistant City Manager or their designee. The Title VI Program Manager will work with Title VI Liaison Managers and Grant Managers in every department to implement and monitor compliance with the Title VI Program and Implementation Plan. Dissemination of vital documents will be in English and Spanish. If language assistance is requested, assistance will be provided by inhouse bilingual staff or language line service.
• City Attorney: The City Attorney is the legal counsel for the City Council, volunteer advisory groups, and City staff. Risk management is also under the City Attorney’s Office. City attorney’s office will work closely with other departments to ensure procurements and contracts are consistent with federal and state contracting laws and regulations, including Title VI requirements. Dissemination of vital documents will be in English and Spanish. If language assistance is requested, assistance will be provided by inhouse bilingual staff or language line service.
• Administrative Services Department: The Administrative Services Department is responsible for providing a number of administrative and support services to all of the City’s operating departments, City Council, Commissions, City Manager, employees, and Livermore residents. The Department houses five divi sions: City Clerk, Cybersecurity, Finance, Human Resources, and Information Technology. Division managers will work closely with other departments to ensure procurements and contracts , and dissemination of vital documents are consistent with federal and state laws and regulations, including Title VI requirements. Dissemination of vital documents will be in English and Spanish. If language assistance is requested, assistance will be provided by inhouse bilingual staff or language line service.
• Community Development Department: The Community Development Department provides services that relate to land use, building construction, infrastructure development, affordable housing and human servi ces. The Department is responsible for implementing 72 EXHIBIT A

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City Council policies related to planning and managing the City’s growth; matching development with service demands; and ensuring that new development is attractive, durable, and designed and constructed in a way which protects public health and safety.

The Department houses four divisions: Building, Engineering, Housing and Human Services, and Planning. Division and Grant managers will ensure that procurements for construction contracts, Architectural & Engineering services and other professional services contracts are consistent with federal and state contracting laws and regulations, including Title VI requirements. Dissemination of key notices regarding projects will be in English and Spanish. If language assistance is requested, assistance will be provided by inhouse bilingual staff or language line service.
• Livermore-Pleasanton Fire Department: The Livermore-Pleasanton Fire Department is a Joint Powers Authority (JPA) that provides essential emergency response and community services to the Cities of Livermore and Pleasanton. The Department’s goals are to limit the risk of fire; to limit injury a nd property damage associated with fire, explosions, hazardous materials incidents, storms or other natural and technological emergencies; to prepare City forces for disaster response; and to better prepare the community for self -help in the event of a maj or disaster. Grant managers will ensure that procurements and contracts are consistent with federal and state contracting laws and regulations, including Title VI requirements. Dissemination of vital notices regarding services will be in English and Spanish. If language assistance is requested, assistance will be provided by inhouse bilingual staff or language line service.
• Innovation and Economic Development Department: The Innovation and Economic Development Department is the primary point of contact with the business community, assisting companies that wish to start, grow, or relocate in Livermore. Specifically, the Department provides services that support and encourage the creation, growth, and attraction of diverse businesses that provide high quality employment opportunities, endure long-term financial stability through sales tax generation and property value stability, and facilitate desirable private and public amenities and services for residents and visitors. Grant managers will ensure that procurements and contracts are consistent with federal and state contracting laws and regulations, including Title VI requirements. Dissemination of vital notices regarding services will be in English and Spanish. If language assistance is requested, assistance will be provided by inhouse bilingual staff or language line service. • Library Services: The Department of Library Services manages the City’s public library, branch libraries and related services. The mission of the Livermore Public Library is to connect all people with information, education, and inspiring experiences to support personal growth, enhance quality of life, and build community in Livermore. Grant managers will ensure that procurements and contracts are consistent with federal and state contracting laws and regulations, including Title VI requirements. Dissemination of vital notic es regarding services will be in English and Spanish. If language assistance is requested, assistance will be provided by inhouse bilingual staff or language line service. • Police Department: The Police Department provides public safety and crime prevention services with a problem-solving, community policing philosophy while working collaboratively with the City Council. Grant managers will ensure that procurements and contracts are consistent with federal and state contracting laws and regulations, including Title VI requirements. Dissemination of vital notices regarding services will be in English and Spanish. If language assistance is requested, assistance will be provided by inhouse bilingual staff or language line service.
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• Public Works: The Public Works Department's mission is to provide responsive, timely, and cost-effective services. The Department is dedicated to enhancing the environment and contributing to the civic vitality and economic growth of the City through exceptional operations and prudent management of assets. The Public Works staff delivers a wide range of services to help define the quality of life for residents. The Department houses three divisions: Airport, Maintenance, and Water Resources, as well as environmental services and asset m anagement. Grant managers will ensure that procurements and contracts are consistent with federal and state contracting laws and regulations, including Title VI requirements. Dissemination of vital notices regarding services will be in English and Spanish. If language assistance is requested, assistance will be provided by inhouse bilingual staff or language line service.
74 EXHIBIT A

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Figure 1 represent the organizational structure of the City by function and programmatic responsibilities.

Figure 1 - Organization Chart
75 EXHIBIT A

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IV. TITLE VI PROGRAM MANAGER AND STAFFING PLAN

City of Livermore is committed to ensuring that no person is excluded from participation in or denied the benefits of its services on the basis of race, color, or national origin, as protected by Title VI of the Civil Rights Act of 1964. The City through t he approval and implementation of the Title VI Program and Implementation Plan (PLAN) will ensure compliance with the Title VI of the Civil Rights Act of 1964. The City expects every manager, supervisor, employee, and sub recipient of federal-aid funds adm inistered by the City to be aware of and apply the intent of PLAN and related nondiscrimination statutes in performing assigned duties.

City of Livermore is required to be adequately staffed to implement Civil Rights requirements effectively (23 CFR 200.9 (b)(2)). To comply with this requirement key staff are identified in the Title VI Program Staffing Plan in Figure 2.

The City Manager’s Office is ultimately responsible for assuring full compliance with the provisions of Title VI of the Civil Rights Act of 1964 and related statutes within the City. The City has identified the Title VI Program Manager to ensure implementation of agency’s Title VI Program And Implementation Plan (PLAN). The Title VI Program Manager is:

Christine Martin, Assistant City Manager
City of Livermore, City Manager’s Office
1052 South Livermore Avenue
Livermore, CA 94550
email: [email protected]

The Title VI Program Manager is responsible for coordinating the efforts of the City to comply with Title VI and to investigate any concerns, complaints, or requests regarding access to City programs, services, and activities.

The Title VI Program and Implementation Plan focuses on the functional areas with significant public contact responsibilities and provides the policy direction necessary to ensure compliance with Title VI and related nondiscrimination statutes. The department Title VI Liaison and Grant Managers are responsible for the application of Title VI in their respective program areas and are responsible for ensuring Title VI compliance in their respective divisions through policy development, procedures, and monitoring. These individuals work closely with the Title VI Program Manager.

Title 23 of the Code of Federal Regulations (CFR) 200.9(b)(11) requires an annual review of the Title VI Program and Implementation Plan to determine the effectiveness of program areas. The Title VI Program Manager, the Liaison Managers and Grant Managers will be responsible for the annual review and the update of the PLAN.

76 EXHIBIT A

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Figure 2 - Title VI Program Staffing Plan

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V. KEY TITLE VI PROGRAM REQUIREMENTS

The Title VI Program Manager in collaboration with department liaison managers and grant managers provides leadership and guidance on the implementation of the PLAN. These staff also prepare implementation plans, conduct annual assessments of pertinent program areas, make recommendations to enhance compliance, investigate and resolve Title VI complaints and prepare all necessary reports.

In accordance with 23 CFR Section 200.9(b), City is obligated to:
 Develop procedures for prompt processing and disposition of Title VI complaints received directly by the City.
 Develop procedures for the collection of statistical data (race, color, religion, sex, and national origin) of participants in, and beneficiaries of City’s programs, i.e., relocates impacted citizens, and affected communities.
 Develop a program to conduct Title VI reviews of program areas.  Conduct annual reviews of special emphasis program areas to determine the effectiveness of program area activities at all levels.  Conduct training programs on Title VI and related statutes for City’s personnel.  Prepare a yearly report of Title VI accomplishments for the past year and goals for the next year.
 Submit annually an updated Title VI Program Implementati on Plan to State or Regional Federal Highway Administrator for approval or disapproval (if requested).  Develop Title VI information for dissemination to the general public and, where appropriate, in languages other than English.
 Establish procedures to identify and eliminate discrimination when it is found to exist.  Establish procedures for promptly resolving deficiency status and reducing to writing the remedial action agreed to be necessary, all within a period not to exceed 90 days.

The Title VI Program Manager, will assist the department liaison managers and grant managers in meeting the above stated mandates by:
 Providing technical assistance to department liaison managers and grant managers.  Assisting department managers in correcting discriminatory practices or policies.  Reviewing documents as needed for compliance with Title VI to ensure that procedures used have safeguards to prevent discrimination.
 Conducting Title VI compliance reviews.
 Coordinating the development and implementation of a training program.  Ensuring that Title VI training is provided to staff and material and resources for conducting training sessions and workshops are available.  Developing Title VI information for dissemination to the public and, where appropriate, in languages other than English.
 Processing Title VI external complaints of discrimination.  Collection of statistical data (race, color, national origin, sex, disability, and age) on participants in, and beneficiaries of City’s’ programs, activities, and services. 78 EXHIBIT A

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 Identifying and eliminating discrimination when found to exist.  Ensuring Title VI requirements are included in procedure manuals or handbooks.  Preparing and submitting (if requested by State or Federal agencies) the Titl e VI Program and Implementation Plan and the Title VI Accomplishments and Goals Report.  Assisting department personnel to correct Title VI problems or discriminatory practices or policies found when conducting self-monitoring and/or compliance review activities.

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VI. TITLE VI PROGRAM MONITORING

Title VI Assurances
In addition to self -monitoring and ensuring compliance, the City is also required to monitor and ensure that contractors and consultants hired for City projects or programs agree to comply with the Title VI of the Civil Rights Act of 1964 . This is accomplished by including Title VI Assurance clauses in the contract documents.

Sample contract compliance requirements are attached:
 Attachment A - FAA Civil Rights, Title VI Compliance
 Attachment B - FHWA Title VI Compliance
 Attachment C - FEMA Title VI Compliance
 Attachment C1 - FEMA Federal Provisions And DBE Forms

Annual Update
Title 23 of the Code of Federal Regulations (CFR) 200.9(b) (11) requires an annual review of the Title VI Program and Implementation Plan to determine the effectiveness of program areas.

The Title VI Program Manager, the Liaison Managers and Grant Managers will be responsible for the annual review and update of the PLAN.

Data collection (Attachment G - Limited English Proficiency Data Collection Form ) and survey (Attachment G1 - LEP Staff Survey) will be completed for the annual review and the information will be used to complete the Annual Goals and Accomplishment Report in Section XI I and for the PLAN update.

The PLAN must be submitted to Federal Agencies when a Title VI Compliance Review is initiated. An example of Title VI Compliance Review is in Attachment B1 - Caltrans Title VI Compliance Review.

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VII. PUBLIC INFORMATION REQUIREMENTS

To ensure transparency and accessibility, the City has to create a Title VI website page . The dedicated Title VI website (Exhibit 1) will have the Title VI Program and Implementation Plan, the contact information of the Title VI Program Manager , the complaint forms and other related information: [email protected]/TitleVI. Google Translate on City’s website will translate the webpage to other languages.

In addition, the City has to post Title VI information posters publicly at all City’s facilities. The posters in English (Exhibit 2) and Spanish (Exhibit 3) will include a person’s rights under the Title VI of the Civil Rights Act of 1964 statement, the contact information of the Title VI Program Manager, and the link to the Title VI website.

Additional resources for staff and the public on Title VI are provided in the links below:

US Department of Justice – Title VI Manual:
http://www.justice.gov/crt/about/cor/coord/vimanual.pdf

US Department of Justice. Title VI of the Civil Rights Act of 1964.:
https://www.justice.gov/crt/fcs/TitleVI-Overview

FHWA Title VI of the Civil Rights Act and Additional Non-Discrimination Requirements:
https://www.fhwa.dot.gov/civilrights/programs/tvi.cfm

FHWA. Civil Rights Restoration Act:
https://www.fhwa.dot.gov/environment/environmental_justice/legislation/restor ation_act.cfm

US Department of Health and Human Services. Civil Rights Age Discrimination :
https://www.hhs.gov/civil-rights/for-individuals/age- discrimination/index.html

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Title VI

Notice under Title VI of the Civil Rights Act of 1964

In accordance with the requirements of Title VI of the Civil Rights Act of 1964 (“Title VI”) , the City of Livermore will not discriminate against, exclude from participation in, or deny the benefits of any of its services, programs, and activities on the ground of race, color, national origin, socioeconomic status or English language proficiency.

Effective Communication: The City of Liverm ore will generally, upon request, provide appropriate aids and services leading to effective communication for persons who are protected under Title VI so they can participate equally in the City of Livermore’s services, programs, and activities, including qualified interpreters, translated documents, and other ways of making information and communications accessible to individuals who have a limited ability to read, write, speak, or understand English (Limited English Proficiency, or LEP).

Modifications to Policies and Procedures: The City of Livermore will make all reasonable modifications to policies and programs to ensure that eligible LEP individuals have an equal opportunity to enjoy all of its services, programs, and activities.

Anyone who requires interpretation or translation services for effective communication, or a modification of policies or procedures to participate in a service, program, or activity of the City of Livermore should contact the City’s Title VI Program Manager at [email protected] as soon as possible but no later than three (3) business days before the scheduled event.

Complaint Process: Title VI does not require the City of Livermore to take any action that would fundamentally alter the nature of its services, programs, and activities, or impose an undue financial or administrative burden. Complaints that a person believes they have been discriminated against or that any service, program, or activity of the City of Livermore is not accessible to LEP individuals should be directed to the Title VI Program Manager at (925) 960 -4040, or [email protected]. For complaints originally submitted by email, an original, signed copy of the complaint must be mailed to the Title VI Program Manager as soon as possible, but no later than 180 days from the alleged date of discrimination.

The City of Livermore will not place a surcharge on a particular LEP individual or any group of LEP individuals to cover the cost of providing interpretation or translation or reasonable modifications of policy.

Title VI Program Manager
The Title VI Program Manager is responsible for coordinating the efforts of the City of Livermore to comply with Title VI of the Civil Rights Act of 1964 (“Title VI”) and to investigate any concerns, complaints, or requests regarding access to City programs, services, and activities.

Christine Martin
Title VI Program Manager
City of Livermore
City Manager’s Office
1052 South Livermore Avenue
Livermore, CA 94550
[email protected]
925-960-4040

Documents
Title VI Complaint Forms
Title VI Program and Implementation Plan
EXHIBIT 1 – WEBSITE POSTING

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EXHIBIT 2 - TITLE VI POSTER – ENGLISH

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EXHIBIT 3 - TITLE VI POSTER – SPANISH

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VIII. LIMITED ENGLISH PROFICIENCY FOUR FACTOR ANALYSIS

Introduction

To clarify Title VI of the Civil Rights Act of 1964, President William J. Clinton signed “Executive Order 13166: Improving Access to Service for Persons with Limited English Proficiency (LEP)” in August 2000.

The purpose of this executive order was to ensure accessibil ity to programs and services to otherwise eligible persons who are not proficient in the English language. This executive order stated that individuals who have a limited ability to read, write, speak, or understand English are entitled to language assistance under Title VI of the Civil Rights Act of 1964. The Executive Order states that:

“Each federal agency shall prepare a plan to improve access to its federally conducted programs and activities by eligible LEP persons. Each plan shall be consistent with the standards set forth in the LEP Guidance, and shall include the steps the agency will take to ensure that eligible LEP persons can meaningfully access the agency’s programs and activities.”

Not only do all federal agencies have to develop LEP plans as a condition of receiving federal financial assistance, but recipients must also comply with Title VI and LEP guidelines of the federal agency from which funds are provided as well. Federal financial assistance includes grants, training, and use of equipment, donations of surplus property, and other assistance. Title VI applies to a r ecipient’s entire program or activity. This means all parts of a recipient’s operations are covered, even if only one part of a recipient’s organization receives the federal assistance. The City of Livermore receives funds from the US Department of Transportation (US DOT) via the Federal Highway Administration (FHWA) for its roads ; from the Federal Aviation Administration (FAA) for its airport. The City also receives funding from the Federal Emergency Management Agency (FEMA), the United State Environmental Protection Agency (USEPA), Health and Human Services (HHS) and other federal sources.

The US Department of Transportation published Policy Guidance Concerning Recipients’ responsibilities towards Limited English Proficient individuals in the Federal Register of December 14th, 2005. This guidance applies to all US DOT funding recipients, which include state departments of transportation, state motor vehicle administrations, airport operators, metropolitan planning organizations, and regional, state, and l ocal transit operators, among many others.

Designing an Effective LEP Policy

a) Elements of an Effective LEP Policy

The US Department of Justice, Civil Rights Division has developed a set of elements that may be helpful in designing an LEP policy or plan. These elements include:

1. Identifying LEP persons who need language assistance

2. Evaluating accessibility to available transportation services through a Four -Factor Analysis

3. Identifying ways in which language assistance will be provided

4. Training Staff

5. Providing notice to LEP persons
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These recommended plan elements have been incorporated into this LEP plan.

b) Methodology for Assessing Needs and Reasonable Steps

The US DOT guidance outlines four factors that should be analyzed in order to assess the recipient agency’s language needs. The objective of this Four -Factor Analysis is to determine the reasonable steps the recipient should take to ensure meaningful access to services for LEP persons. The four factors include:

1. The number or proportion of LEP persons eligible to be served or likely to be encountered by a program, activity, or service of the recipient or grantee.

2. The frequency with which LEP individuals come in contact with the program.

3. The nature and importance of the program, activity, or service provided by the recipient to the LEP Community.

4. The resources available to the City of Livermore and overall cost.

The greater the number or proportion of eligible LEP persons, the greater the frequency with which they have contact wi th a program, activity, or service and the greater the importance of that program, activity, or service, the more likely enhanced language services will be needed.

The intent of DOT’s guidance is to suggest a balance that ensures meaningful access by LEP persons to critical services while not imposing undue burdens on small organizations and local governments. Smaller recipients with more limited budgets are typically not expected to provide the same level of language service as larger recipients with larger budgets.

In order to assess the needs of the C ity in terms of language assistance to LEP individuals, the plan analyzed a variety of data sources. Census data was consulted to determine the languages spoken by LEP individuals. The California Secretary of State’s Office was also consulted due to the current redistricting effort. The plan was also informed by a survey completed by sampling of City staff from the different departments who interact with the community as part of their job.

c) The Four-Factor Analysis

This plan uses the recommended four -factor analysis as outlined above. Each of the following factors is examined to determine the level and extent of language assistance measures required to sufficiently ensure meaningful access to City of Livermore services for LEP individuals.

Recommendations are then based on the results of the analysis.

Factor 1: The Proportion, Numbers and Distribution of LEP Persons

The Census Bureau has a range for four classifications of how well people speak English, these include: ‘very well,’ ‘well,’ ‘not well,’ and ‘not at all.’ For the purposes of this plan, Limited English Proficient persons are considered people that speak English less than ‘very well’ as.

The 2019 American Community Survey Data for Cit y of Livermore indicates that approximately 19,241 (or 23%) of individuals in the C ity speak a language other than English. Of those individuals, approximately 6,123 have identified themselves as speaking English less than ‘very well’, which represents approximately 7% of the City’s population 5 years and older. Of the individuals that speak English less than very well, approximately 3,422 speak Spanish (or 56% of the individuals who speak a language other than English) , approximately 1,445 speak Asian and Pacific Island languages, 1,101 speak Indo-European languages other than Spanish, and 155 speak other languages.

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Table #1: Language Spoken at Home

Total Number
of Speakers
Speak English
Less than "very
well"
Speak English Less than
“Very Well” as Percent
of total population 5
years old and over
Population 5 years and over 83,390 6,123 7.34%
Speak a language other
than English 19,241 6,123 7.34%
Spanish (49% of the total
who speak a language
other than English) 9,428 3,422 4.10%
Other Indo -European
Languages 4,363 1,101 1.32%
Asian and Pacific Island
languages 4,508 1,445 1.73%
Other languages 942 155 0.19%
Source: U.S. Census Bureau, 2019 American Community Survey

Factor 2: Frequency of Contact with LEP Individuals

The City of Livermore conducted an online survey with a sampling of empl oyees from various departments to help estimate the frequency with which the City interacts with LEP individuals.

The survey was completed by City staff including employees from the majority of service areas.

Employees were asked about the frequency of their interactions with LEP individuals both in the office and out in the field. Frequency ranged from “I do not interact with LEP individuals in my work” to “once a week or more” depending on their position.

Interactions with LEP individuals took place through a variety of means, including on the telephone, in person either in a City office or in the field, by writing, at public workshops or meetings, or encountering LEP persons working for the City.

Staff with administrative responsibilities noted that field staff were more likely to encounter a LEP person. More than half of the survey respondents (58%) identified that they interacted with LEP persons on a daily basis and on average, 70% responded that they interact with LEP persons a few times a year.

Sample data collection form and survey are in Attachment G - Limited English Proficiency Data Collection Form and Attachment G1 - LEP Staff Survey.

Factor 3: The Nature and Importance of the Program, Activity or Service to LEP Individuals

The City of Livermore provides a variety of essential services to its residents . The inability of an LEP individual to not receive or be delayed in their access to services could have serious implications on an LEP individual. Services that provide for basic needs and that impact residents’ health , safety and quality of life are of particular importance, such as safe and affordable housing, water resources, public facilities operation and maintenance, building safety and accessibility , police / fire and other emergency services, and library services . It can 87 EXHIBIT A

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therefore be determined that it is important that the City is prepared to serve LEP individuals to avoid any detrimental effects that could occur.

Factor 4: The Resources available to the City and Overall Cost

The US DOT Guidance Concerning Recipients’ Responsibilities to LEP Persons published in the Federal Register, December 14, 2005, states:
“A recipient’s level of resources and the costs imposed may have an impact on the nature of the steps it should take in providing meaningful access for LEP persons.

Smaller recipients with more limited budgets are not expected to provide the same l evel of language services as larger recipients with larger budgets. In addition, “reasonable steps” may cease to be reasonable where the costs imposed substantially exceed the benefits. Recipients should carefully explore the most cost-effective means of delivering competent and accurate language services before limiting services due to resource concerns.”

Based on the above guidance, the City will as resources and budget allow translate vital documents into Spanish which is spoken by 49% of LEP individuals in the City and falls under the “Safe Harbor” provision (as discussed below). There are no other languages that meet the qualifications for the “Safe Harbor” provision; therefore, other languages will be provided translation services upon request. The cost associated with the necessary translation of documents will be allocated on an as -needed basis and charged to the program that is responsible for the information being requested.

d) Safe Harbor Provision

Because the Department of Transportation (DOT) guidelines regarding “Safe Harbor Provision” for translation of written materials requires the identification of “Safe Harbor Languages”, careful attention must be paid to the absolute numbers as well as the percentage of the population that do not speak English in the development of the LEP Plan. FTA Circular 4702.1B states the following with respect to the Safe Harbor Provision:

The Safe Harbor Provision stipulates that, if a recipient provides written translation of vital documents for each eligible LEP language group that constitutes five percent (5%) or 1,000 persons, whichever is less, of the total population of persons eligible to be served or likely to be affected or encountered, then such action will be considered strong evidence of compliance with the recipient’s written translation obligations. Translation of non-vital documents, if needed, can be provided orally. If there are fewer than 50 persons in a language group that reaches the five percent (5%) trigger, the recipient is not required to translate vital written materials but should provide written notice in the primary language of the LEP language group of the right t o receive competent oral interpretation of those written materials, free of cost.

The “Safe Harbor” provision applies to the translation of vital written documents only. Based on sources using US Census data, the number of people in the City who speak English "less than very well" and meeting the 1,000-person threshold are Spanish speaking people (approximately (9,428 total Spanish speakers). Per the federal Safe Harbor Provision, the City has a responsibility to translate vital documents for the department into Spanish.

e) Translation of Vital Documents
Determining whether a document is “vital” and therefore requires translation depends on the seriousness of consequences that the LEP individual may face if the information in question is 88 EXHIBIT A

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not provided accurately or in a timely manner. The following are examples of written materials that may be considered vital:
• A pplications
• C onsent forms
• C omplaint forms
• I ntake forms with potential for health consequences, • Letters/notices pertaining to eligibility for benefits; rights; the reduction, denial, or termination of services or benefits; that require a response; or that are part of emergency preparedness or risk communications
• Documents that must be provided by law
• Notices regarding the availability of free language assistance services

If the document does not fall into one of the above categories, or if its status is unclear, consider whether a member of the public could fail to access or participate in, or be terminated from, a program, service or activity, or suffer significant financial, physical, or other harm if they are unable to complete and/or understand the information in that document. If the answer to any of those questions is “Yes,” the document should be considered vital. 1 See Attachment D – Written Translation of Vital Documents Flowchart.

f) Language Assistance Measures

The City provides notice to LEP persons in a variety of ways . These activities and notifications include:
• Signage and posters in Spanish and notification that free language assistance is available.
2 • Verbal communi cations with bi- lingual staff inform respondents that free language assistance is available including translation of important documents.

The City has several methods for providing language assistance to LEP person:
• City maintains a list of certified staff with multiple language skills to provide basic language assistance. The list of bilingual staff is in Attachment G2. • Staff who are engaging with the public may be assisted by a bi -lingual staff person to address the needs of a LEP person. Bi-lingual staff may provide an initial assessment of the level of language assistance support needed and work to schedule the participation of an interpreter or arrange for translations of important documents needs to support the LEP person’s inquiry.
• Translation Resources:
- https://www.dhcs.ca.gov/Pages/Language_Access.aspx

- TRANSLATION SERVICES | American Language Service (alsglobal.net)

1 For more information, see “Written Translation of Vital Documents,” Attachment D. Source: Health Resources & Services administration: https://www.hrsa.gov/sites/default/files/hrsa/about/organization/bureaus/ocrdi/written - translation-of-vital-documents.pdf
2 See Attachment E for sample public notice translated into Spanish, and Exhibit 3 for Title VI informational poster translated into Spanish.
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- Translation Services - ALTA Language Services
- Immediate translation quote for any language - Translated - Health_Care_Language_Assistance_Services

g) LEP Plan Monitoring

At regular intervals , the Title VI Program Manager will conduct a survey of employees from different departments to collect information about the number and types of interactions they have with LEP persons to determine if updates or revisions are needed to this plan and related staff training. Census data will also be reviewed as updates are available every five to ten years.

The plan will also be reviewed and updated as necessary when census data or other information identifies that a higher concentration of LEP individuals are present in the City.

Review and updates may include the following:
• Determination of the current LEP population in the service area. • Surveying of staff to learn:
o The number and frequency of documented LEP person contacts experienced during the period under review.
o The locations and modes of interaction with LEP persons. o How the needs of LEP persons have been addressed.
• Determination as to whether the need for language assistance services has changed. • Determination as to whether the City’s language assistance programs have been effective and sufficient to meet the need.
• Determination as to whether complaints have been received concerning the City of Livermore’s failure to meet the needs of LEP individuals. • Determination as to sufficiency of staff training to meet the needs of LEP individuals. • Determination as to whether financial resources are sufficient to fund the language assistance services needed.
• Determination as to whether the City of Livermore fully complies with the goals of this LEP Plan.

h) Staff LEP Training

Staff will receive training on how to implement LEP and overcome communication barriers.

The training will include how to be responsive to a LEP person and the tools available to them.

The program also will include potential scenarios where they might encounter an LEP person.

Staff are provided strategies to help them respond effectively, regardless of their personal language capabilities. See Section XI. Title VI Training for training resources.

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IX. COMPLAINTS PROCEDURE

In accordance with 23 CFR Section 200.9(b)11, City is obligated to develop procedures for prompt processing and disposition of Title VI complaints received directly by the City.

How to file a Title VI Complaint?

Any person who believes that they have been subjected to discrimination may file a signed, written complaint up to one hundred and eighty (180) days from the date of the alleged discrimination. The complaint may come from the public or a vendor. The complai nt should include the following information:
• Your name, mailing address, and how to contact you (i.e., telephone number, email address, etc.)
• How, when, where and why you believe you were discriminated against. Include the location, names, and contact information of any witnesses. • Other information that you deem significant

The Title VI Complaint Form in Exhibit 4 (English) and Exhibit 5 (Spanish) may be used to submit the complaint information.

The complaint may be filed in writing with the City at the following address:

Christine Martin
Title VI Program Manager
City of Livermore
City Manager’s Office
1052 South Livermore Avenue
Livermore, CA 94550

If an individual is unable to write a complaint, City staff will assist the individual. If requested, the City will provide a language or sign interpreter. An individual also has the right to file a complaint directly with the federal or other agency supplying funding for any particular program or service.

NOTE: The City encourages all complainants to certify all mail that is sent through the U.S.

Postal Service and/or ensure that all written correspondence can be tracked easily. For complaints originally submitted by facsimile, an original, signed copy of t he complaint must be mailed to the Title VI Program Manager as soon as possible, but no later than 180 days from the alleged date of discrimination.

What happens to the complaint after it is submitted?

All complaints alleging discrimination based on race, color or national origin in a service or benefit provided by the City will be directly addressed by the department providing the service or benefit in question, whenever possible. The Title VI Program M anager will be responsible for receiving complaint forms and routing them to the Grants Manager in the appropriate department. The Grants Manager will be responsible for ensuring that the complaint is addressed and resolved at department level or, if not possible at the department level, elevating the complaint to the Title VI Program Manager level. The City shall also provide appropriate assistance to complainants, including those persons with disabilities, or those who are limited in their ability to comm unicate in English. Additionally, the C ity shall make every effort to address all complaints in an expeditious and thorough manner. City will promptly resolve deficiencies and prepare the necessary remedial action within 90 days (per 23 CFR 200.9(b)(15) . Please 91 EXHIBIT A

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note that in responding to any requests for additional information, a complainant's failure to provide the requested information may result in the administrative closure of the complaint.

How will the complainant be notified of the outcome of the complaint?

The departmental Grants Manager will mail a “Notice of Determination” to the Complainant. The Notice shall include information regarding appeal rights, including:
• City of Livermore will reconsider this determination if new facts come to light; and • If a Complainant is dissatisfied with the determination and/or resolution set forth, the Complainant has the right to appeal.
• If the Complainant disagrees with the departmental Grant Manager’s response set forth in the Notice of Determination, they may appeal by submitting a written request to the Title VI Program Manager within 10 calendar days after receipt of the Notice of Determination. The appeal shall be sufficiently detailed and cont ain any items the Complainant feels were not fully understood by the departmental Grant Manager . The Title VI Program Manager will notify the Complainant of their decision to accept or reject the appeal within 10 calendar days of receipt. In cases where the Title VI Program Manager agrees to reconsider, the matter shall be reviewed in accordance with the City’s referral to review process. The complainant also has the right to appeal the City’s decision to the appropriate federal , state, or local agency, by filing a request for an appeal no later than 180 days after the date of the final decision.

The City will maintain a complete log of all complaints, including the following information: date complaint was filed; date of alleged discriminatory act(s); names of complainant and respondent; basis (protected class under Title VI) and nature of the complaint; whether the complaint was investigated; the name of the investigator; and the disposition of the complaint.

The complaint log is included in Attachment F.

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EXHIBIT 4 - TITLE VI COMPLAINT FORM - ENGLISH
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EXHIBIT 5 - TITLE VI COMPLAINT FORM - SPANISH

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X. DATA COLLECTION PROCEDURES

The purpose of data collection and analysis is to identify benefits and burdens of the planned project on the surrounding communities as well as identifying any disproportionate or disparate impact or burden on the minority populations and low-income populations. City will perform most of the data collection and analysis as projects are planned in the City.

Data collection efforts specific to each department and division will be established and carried out as required by each specific federal funding agency. Data collection may include activities such the following:

• Public Outreach - A review of US census track data to determine the demographics of the area where a project is proposed. The demographics will guide outreach activities and required services. If the information yields people residing in the project area speak a language other than English, the City would make provisions to have translation/interpretation services available if requested. • Complaint Tracking - Tracking discrimination complaints and monitoring their status and resolution.
• Limited English Proficiency (LEP) -Tracking requests received from LEP persons for inquiries and services, as well as interpretation or translation services provided. A survey is conducted annually to learn the frequency and nature of staff interactions with LEP individuals. (See Attachment G for LEP Data Collection Form and Attachment G1- LEP Staff Survey.)
• Contracts and Awards - construction contracts are awarded to the lowest bidder.

Architectural & Engineering (A&E) contracts are awarded based on consultants’ demonstrated competence and qualification. On federally funded projects the City has to establish Disadvantaged Business Enterprise (DBE) goals and include the specific Good Faith Effort requirements in the procurement.

The City is also required to post the procurement in DBE websites such as DBE GoodFaith ( https://www.dbegoodfaith.com/) and small business enterprise websites such as SBA (https://eweb.sba.gov/gls/dsp_sbabanner.cfm). City departments collect demographic data on contract bidders and awardees for all projects and programs receiving federal funding. The data collected is analyzed to ensure non- discrimination in the bidding and award processes. The data is collected using Disadvantage Business Enterprise Form.

A sample Good Faith Effort procedure and DBE Form is included in Attachment C1.

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XI. TITLE VI TRAINING

The City of Livermore must take active steps to ensure that none of its activities or programs treats any part of a community any differently than another. The City of Liv ermore is committed to achieving full compliance and expects every manager, supervisor, employee, and subrecipient of federal-aid funds administered by the City of Livermore to be aware of and apply the intent of Title VI and related nondiscrimination statutes in performing assigned duties. The City will develop, schedule, and conduct training to ensure that City staff are fully informed and understand their responsibilities regarding these requirements. The training will include strategies and procedures t o help ensure this happens . The training will be conducted on a regular schedule as determined by the City.

The Title VI Program Coordinator is responsible for scheduling and conducting training so that that City staff stay up to date with program requirements. The Title VI Training Program is designed to ensure that City staff fully understand their responsibilities regarding these requirements, but most importantly, they understand that all community members must receive equal treatment and access to activities and programs. The training includes strategies and procedures to help ensure this happens.

The training focuses on orienting participants to the City’s Title VI Program and Implementation Plan. The training will also help them understand their responsibilities and improve their ability to respond effectively to a LEP person or an individual who may have a concern about being treated unfairly. We expect the training will take 1- 1.5 hours. The training will include the topics described below. The order and time allocation for the topics may vary depending on the audience, time available and other factors.

Training Program Topics:

1. Introduction to the City’s Title VI Program and Implementation Plan Participants will be introduced to the Title VI Program and Implementation Plan and be given an orientation to the P lan components and the laws and regulations that direct these programs.

2. Review of the City’s programs and activities
Participants will rev iew the City’s programs and activities and discuss how the Title VI requirements might apply to their job. Participants will be asked to identify potential opportunities for interaction with LEP persons or individual who may have concerns about the response or treatment they are experiencing.

3. Review of outreach materials and complaint reporting procedures Participants will receive information about how the C ity publicizes its responsibilities and complaint procedures. They will also receive information on how to file a complaint.

4. Discussion of potential responses
Potential responses will be discussed so participants can respond effectively to a LEP person or an individual with concerns.

5. Review of data collection and reporting procedures
The City is required to report on its goals and accomplishments on an annual basis and update the Title VI Program and Implementation Plan every three years or sooner if there are deficiencies or improvements that necessitate an update to the P lan. There are also data collection procedures and reports that need to be addressed. Staff awareness and 96 EXHIBIT A

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understanding of these procedures will help support the Title VI Program Manager’s ability to meet the requirements.

6. Review of Justice Department Videos
The US Justice Department is a definitive source of information regarding the Title VI requirements, and they provide informational videos to help agency staff and interested parties stay informed regarding the requirements . The three (3) training videos identified below will be in corporated into the training, with time for discussion and reflection as time allows.

 Understanding and Abiding by Title VI of the Civil Rights Act of 1964 Department of Justice, Online Video:
https://www.lep.gov/video/understanding-and-abiding-title-vi- civil-rights-act-1964
 Breaking Down the Barriers: Translating Limited English Proficiency Policy into Practice, Department of Justice, Online Video, (English, Spanish, Chinese, Vietnamese, and Korean) :
https://www.lep.gov/video/breaking-down-barriers-
translating-limited-english-proficiency-policy-practice  Overcoming Language Barriers, Department of Justice, Online Video:
https://www.lep.gov/video/overcoming-language-barriers-creating-language-access- policies-plans-and-procedures

Training Program Participants:

It is essential that City staff are aware of their responsibilities and receive training on a regular cycle. Training Program participants can be divided into t hree tiers. Tier 1 includes all department heads and managers. Tier 2 all staff from each department. Tier 3 includes City’s leadership team including the City Council, City Manager’s Office, City Attorney’s Office, etc.

Training Program Schedule:

The goal is to complete the initial training within 6 months of PLAN approval. Subsequent trainings will be provided every two years, with an emphasis on any updates to the federal requirements. The Title VI Training videos provided by the US Justice Department will be included in the on -boarding process for new employees . New employees must complete the training within 6 months of hire.

A Training Log is in Attachment H.
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XII. TITLE VI GOALS AND ACCOMPLISHMENTS REPORTING

The Title VI Goals and Accomplishments Report is an annual report written by the City to document our progress toward compliance with Title VI in our programs and activities. The Report should list all of the accomplishments that City has achieved in the area of Title VI, such as program area reviews, training, and processing of Title VI complaints. The Goals section of the report explains what City plans to accomplish in the upcoming year in relation to our Title VI program. The annual report shall be signed by the Title V I Program Manager or their assignee by August 1st of each Federal Fiscal Year.

Annual Accomplishments Report Accomplishment Status
1 Conduct outreach activities to City staff and public to ensure broad awareness of Title VI Program requirements

• Place posters (English and Spanish) in prominent locations in City offices and public areas of buildings
• Post the PLAN, Complaint Procedures and Form and posters on City website (English and Spanish)
• Use regular meetings of staff and management on a quarterly basis to refresh staff awareness of Title VI program requirements • Reach out to community partners and share posters and information
• Conduct outreach to contractors and consultants regarding Title VI assurance contracting requireme nts for: Compliance with regulations, non- discrimination, solicitations for sub -agreements and information and reports
• Respond to inquiries as needed

2 Conduct training activities for City Staff and Leadership • Conduct training for City staff on a two-year cycle
• Work with consultant to finalize training materials and program • Conduct training on a regular schedule with City leadership • Provide web- based training platform, including US Justice Department videos to train new staff as part of their on- boarding process
• Provide general handout to contractors and consultants and program requirements

3 Provide translation/interpretation services
• Translate Title VI information into Spanish
• Provide translation services as requested

4 Complete documentation of complaints and resolution as needed • Document complaints and resolution as needed
• Document any program enhancements and adjust training program as needed

Findings:

Goas and Recommendations:

Prepared By:

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XIII. ATTACHMENTS

ATTACHMENT A - FAA CIVIL RIGHTS, TITLE VI COMPLIANCE

ATTACHMENT B - FHWA TITLE VI COMPLIANCE
ATTACHMENT B1 - CALTRANS TITLE VI COMPLIANCE REVIEW

ATTACHMENT C - FEMA TITLE VI COMPLIANCE
ATTACHMENT C1 - FEMA FEDERAL PROVISIONS AND DBE FORMS

ATTACHMENT E - SAMPLE PUBLIC NOTICE (ENGLISH)
ATTACHMENT E1 - SAMPLE PUBLIC NOTICE (SPANISH)

ATTACHMENT F - TITLE VI COMPLAINT LOG

ATTACHMENT G - LIMITED ENGLISH PROFICIENCY DATA COLLECTION FORM ATTACHMENT G1 - LEP STAFF SURVEY
ATTACHMENT G2 - BILINGUAL STAFF

ATTACHMENT H - TITLE VI TRAINING LOG
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ATTACHMENT A - FAA CIVIL RIGHTS, TITLE VI COMPLIANCE

Title VI Solicitation Notice:

The CITY OF LIVERMORE, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, [select disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Title VI Clauses for Compliance with Nondiscrimination Requirements:

During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:

1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

3. Solicitations for Subcontracts, including Procurements of Materials and Equipment:

In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions.

Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of 100

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equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq ., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq .) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100 -209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited Engl ish Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with 101

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Title VI, you must take reasonable steps to ensure that LEP persons have meaningf ul access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq).

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ATTACHMENT B - FHWA TITLE VI COMPLIANCE

FHWA FORM 1273 CONSTRUCTION CONTRACT – SECTION II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies:

Executive Order 11246, 41 CFR 60, 29 CFR 1625- 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625- 1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.

CALTRANS LOCAL ASSISTANCE PROCEDURES MANUAL EXHIBIT 10-R (FOR LOCAL ASSISTANCE FEDERAL-AID PROJECTS) - CONSULTANT’S AGREEMENT

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE

A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135 -11139.5, and the regulations or standard s adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. 103

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Code §12990 (a -f), set forth 2 CCR §§8100 -8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty -four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assi stance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non -discrimination in federally- assisted programs of the U.S . Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

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ATTACHMENT B1 - CALTRANS TITLE VI COMPLIANCE REVIEW

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ATTACHMENT C - FEMA TITLE VI COMPLIANCE

The External Civil Rights Division (ECRD) within the Office of Equal Rights (OER) is responsible for compliance with and enforcement of civil rights obligations in connection with public -facing FEMA programs and services, and those conducted by recipients of FEMA financial assistance.

ECRD ensures civil rights throughout FEMA programs, and for recipients of FEMA financial assistance, by:

1. Ensuring non-discrimination and equity in program delivery or activities.

2. Monitoring and assessing the needs of the public for equal access to programs, physical accessibility of facilities, and effective communication.

3. Facilitating reasonable accommodations to disaster survivors and members of the public to ensure access to FEMA programs, services, and benefits.

4. Improving access to FEMA services for persons with limited English proficiency.

5. Partnering with the Office of Environmental Planning and Historic Preservation to ensure policy decisions impacting human health and the environment are undertaken in an equitable manner to prevent a disproportionate impact on communities of color and low - income populations.

6. Ensuring the integration of Civil Rights accountability measures before, during and after a disaster, including all phases of disaster response and recovery activities at the earliest stage.

7. Implementing community outreach, education, and stakeholder engagements to ensure whole communities are informed and able to actively participate in all phases of disaster response and recovery.

8. Ensure that disaster response and recovery efforts are conducted in compliance with Civil Rights laws and policies.

Civil Rights Authorities
The division promotes equity and enforces civil rights requirements in connection with programs and services provided by FEMA and by recipients of FEMA financial assistance pursuant to the following authorities:
 Sections 308 and 309 of the Stafford Act
 Title VI of the Civil Rights Act of 1964, as amended
 Sections 504 and 508 of the Rehabilitation Act of 1973, as amended  Age Discrimination Act of 1975, as amended
 Title IX of the Education Amendments of 1972, as amended  44 C.F.R. Parts 7, 16, and 19 , non-discrimination based on race, color, national origin, disability, and age
 44 C.F.R. § 206.11, non-discrimination in disaster assistance  Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency
 Executive Order 12898, Environmental Justice in Minority Populations and Low -Income Populations

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ATTACHMENT C1 - FEMA FEDERAL PROVISIONS AND DBE FORMS

I. DEFINITIONS
A. Government means the United States of America and any executive department or agency thereof.

B. FEMA means the Federal Emergency Management Agency.

C. Third Party Subcontract means a subcontract at any tier entered into by Contractor or subcontractor, financed in whole or in part with Federal assistance originally derived from the Federal Emergency Management Agency.

II. FEDERAL CHANGES
A. Contractor shall at all times comply with all applicable regulations, policies, procedures, and FEMA Directives as they may be amended or promulgated from time to time during the term of this Agreement, including but not limited to those requirements of 2 CFR 200.317 through 200.326 and more fully set forth in Appendix II to Part 200—Contract Provisions for non– Federal Entity Contracts Under Federal Awards, which is included herein by reference. Contractor's failure to so comply shall constitute a material breach of this contract.

B. The Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

III. ACCESS TO RECORDS
A. The Contractor agrees to provide the City, FEMA, the Comptroller General of the United States or any their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions.

B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

C. The Contractor agrees to maintain all books, records, accounts, and reports required under this Agreement for a period of not less than three years after the later of: (a) the date of termination or expiration of this Agreement or (b) the date City makes final payment under this Agreement, except in the event of litigation or settlement of claims arising from the performance of this Agreement, in which case, Contractor agrees to maintain same until the City, FEMA, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims, or exceptions related thereto.

D. The requirements set for in paragraphs A, B, and C above are all in addition to, and should not be considered to be in lieu of, those requirements set forth in the City's Agreement.

IV. DEBARMENT AND SUSPENSION
A. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

B. Contractor represents and warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension" or on the USEPA's List of Violating Facilities. Contractor agrees that neither Contractor nor any of its third party subcontractors shall enter into any third party subcontracts for any of the work under this Agreement with a third party subcontractor who is debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under executive Order 12549 or on the USEPA's List of Violating Facilities. Gov. Code § 4477.

C. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. Contractor agrees to the provisions of Attachment 1, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions, attached hereto and incorporated herein. For purposes of this Agreement and Attachment 1, Contractor is the “prospective 109

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lower tier participant.”
D. The Contractor agrees to include paragraphs A and B above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the paragraphs shall not be modified, except to identify the subcontractor who will be subject to its provisions.

E. This certification is a material representation of fact relied upon by City. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of California, the City, and the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

F. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.”

V. NO FEDERAL GOVERNMENT OBLIGATIONS TO CONTRACTOR
A. The City and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Government, the Government is not a party to this contract and shall not be subject to any obligations or liabilities to the City, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

VI. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE (applicable to all construction contracts awarded meeting the definition of “federally assisted construction contract” under 41 CFR 61-1.3) Contractor agrees to comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Part 60). 41 CFR 60.14 is hereby incorporated by reference.

A. Contractors and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave.

B. Contractors, and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12990 (a- f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

D. Contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

VII. ANTI-KICKBACK ACT COMPLIANCE (applicable to all contracts and subgrants for construction or Repair; 44 CFR §13.36(i)(4))
Contractor agrees to comply with the Copeland “Anti- Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3).

VIII. DAVIS-BACON ACT COMPLIANCE (applicable to construction contracts in excess of $2,000 awarded by grantees and subgrantees when required by Federal grant program legislation;) To the extent required by any Federal grant programs applicable to expected funding or reimbursement of City’s expenses incurred in connection with the services provided under this Agreement, Contractor agrees 110

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to comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a–7) as supplemented by Department of Labor regulations (29 CFR Part 5) as set forth below. These requirements are in addition to any requirements set forth in the Agreement.

The Contractor shall be bound to the provisions of the Davis-Bacon Act, and agrees to be bound by all the provisions of Labor Code section 1771 regarding prevailing wages. All labor on this project shall be paid neither less than the greater of the minimum wage rates established by the U.S. Secretary of Labor (Federal Wage Rates), or by the State of California Director of Department of Industrial Relations (State Wage Rates). Current DIR requirements may be found at http://www.dir.ca.gov/lcp.asp.

A. The general prevailing wage rates may be accessed at the Department of Labor Home Page at www.wdol.gov. Under the Davis Bacon heading, click on “Selecting DBA WDs.” In the drop down menu for State, select, “California.” In the drop down menu for City, select “City” In the drop down menu for Construction Type, make the appropriate selection. Then, click Search.

IX. CONTRACT WORK HOURS AND SAFETY STANDARDS (applicable to all contracts in excess of $100,000 that involve the employment of mechanics or laborers, but not to purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence)
A. Compliance: Contractor agrees that it shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–330) as supplemented by Department of Labor regulations (29 CFR Part 5), which are incorporated herein.

B. Overtime: No contractor or subcontractor contracting for any part of the work under this Agreement which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

C. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the provisions of Paragraph B, the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In additions, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions of paragraph B in the sum of $10 for each calendar day on which such employee was required or permitted to be employed on such work in excess of eight hours or in excess of his standard workweek of forty hours without payment of the overtime wages required by paragraph B.

D. Withholding for unpaid wages and liquidated damages: The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards A ct, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set for in paragraph C of this section.

E. Subcontracts: The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs A through D of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs A through D of this section.

X. NOTICE OF REPORTING REQUIREMENTS
A. Contractor acknowledges that it has read and understands the reporting requirements of FEMA in Part III of Chapter 11 of the United States Department of Justice’s Office of Justice Programs Financial Guide, and agrees to comply with any such applicable requirements. 111

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XI. NOTICE OF REQUIREMENTS PERTAINING TO COPYRIGHTS
A. Contractor agrees that FEMA shall have a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes:
1) The copyright in any work developed with the assistance of funds provided under this Agreement; 2) Any rights of copyright to which Contractor purchases ownership with the assistance of funds provided under this Agreement.

B. The Contractor agrees to include paragraph A above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

XII. PATENT RIGHTS (applicable to contracts for experimental, research, or development projects financed by FEMA; 44 CFR §13.36(i)(8))
A. General. If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under this Agreement, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the City and Contractor agree to take actions necessary to provide immediate notice and a detailed report to FEMA.

B. Unless the Government later makes a contrary determination in writing, irrespective of Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the City and Contractor agree to take the necessary actions to provide, through FEMA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” 37 CFR, Part 401.

C. The Contractor agrees to include paragraphs A and B above in each third party subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FEMA.

XIII. ENERGY CONSERVATION REQUIREMENTS
A. The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 6201).

XIV. CLEAN AIR AND WATER REQUIREMENTS (applicable to all contracts and subcontracts in excess $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year) A. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 -7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA).

B. Contractor agrees to report each violation of these requirements to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to FEMA and the appropriate EPA regional office.

C. The Contractor agrees to include paragraph A and B above in each third party subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA.

XV. TERMINATION FOR CONVENIENCE OF CITY (applicable to all contracts in excess of $10,000) See Paragraphs 16 and 17 of the Agreement.

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XVI. TERMINATION FOR DEFAULT (applicable to all contracts in excess of $10,000) Contractor’s failure to perform or observe any term, covenant or condition of this Agreement shall constitute an event of default under this Agreement. See Paragraphs 16 and 17 of the Agreement.

XVII. LOBBYING (Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended).) A. Contractor shall not use or pay any funds received under this Agreement to influence or attempt to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

B. Contractor agrees to the provisions of Attachment 2, Certification Regarding Lobbying, attached hereto and incorporated herein (applicable for contracts or subcontracts in excess of $100,000).

C. Contractor agrees to include paragraphs A and B above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

XVIII. MBE / WBE REQUIREMENTS
The City intends to seek reimbursement of its costs incurred in connection with this project from FEMA.

Accordingly, the CONTRACTOR shall make every effort to procure Minority and Women's Business Enterprises ("DBEs") through the "Good Faith Effort" process as required in 2 CFR 200.321. Failure to perform the "Good Faith Effort" process and submit the forms listed below with the bid shall be cause for a bid to be rejected as non-responsive and/or be considered as a material breach of the contract.

PRIME CONTRACTOR RESPONSIBILITIES
All recipients of this grant funding, as well as their prime contractors and subcontractors, must take all affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible, make every effort to solicit bids from eligible DBEs. This information must be documented and reported.

"GOOD FAITH" EFFORT PROCESS
Any public or private entity receiving federal funds must demonstrate that efforts were made to attract MBE/WBEs. The process to attract MBE/WBEs is referred to as the "Good Faith" effort. This effort requires the recipient, prime contractor and any subcontractors to ta ke the steps listed below to assure that MBE/WBEs are used whenever possible as sources of supplies, construction, equipment, or services. If a CONTRACTOR fails to take the steps outlined below shall cause the bid to be rejected as non-responsive and/or be deemed a material breach of the contract.

A. Place qualified small and minority businesses and women's business enterprises on solicitation lists; B. Assure that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
C. Divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; D. Establish delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and E. Use the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce.

F. If subcontracts are to be let, Contractor shall take the affirmative steps listed in 2 CFR 200.321.

XIX. PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.322) Contractor shall comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of 113

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competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in t he EPA guidelines.

XX. INCORPORATION OF UNIFORM ADMINISTRATIVE REQUIREMENTS The preceding provisions include, in part, certain standard terms and conditions required by FEMA, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by FEMA are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FEMA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement.

Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City requests that would cause City to be in violation of the FEMA terms and conditions. 114

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Attachment D1

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER

TIER COVERED TRANSACTIONS
(Lower Tier refers to the agency or contractor receiving Federal funds, as well as any subcontractors that the agency or contractor enters into contract with using those funds) As required by Executive Order 12549, Debarment and Suspension, as defined at 44 CFR Part 17, City may not enter into contract with any entity that is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal Government from participating in transactions involving Federal funds. Contractor is required to sign the certification below which specifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal agency. It also certifies that Contractor will not use, directly or indirectly, any of these funds to employ, award contracts to engage the services of, or fund any contractor that is debarred, suspended, or ineligible under 44 CFR Part 17.

Instruction for Certification

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submi tting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction originated may pursue available remedies, including suspension and/or debarment. 115

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Certification Regarding Debarment, Suspension, Ineligibility an Voluntary Exclusion – Lower Tier Covered Transactions

1. The prospective lower tier participant certifies, by submission of its proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Contractor Signature Date
116

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Attachment D2

CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loan, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Contractor Signature Date
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Exhibit B, DBE Subcontractor Utilization Form
This form is intended to capture the prime contractor’s actual and/or anticipated use of identified certified DBE1 subcontractors2 and the estimated dollar amount of each subcontract.

Prime Contractor Name Project Name
Bid/Proposal No. Assistance Agreement ID No. ( If known) Point of Contact Address
Telephone No. Email Address
Issuing/Funding Entity:

I have identified potential DBE certified
subcontractors
 YES  NO

Subcontractor Name/
Company Name
Company Address/Phone/Email Est. Dollar Amt Currently DBE Certified?

I certify under penalty of perjury that the foregoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. In the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CRF Part 33 Section 33.302(c).

Prime Contractor Signature Print Name

Title Date

1 A DBE is a Disadvantaged, Minority, Small or Woman Business Enterprise that has been certified as described in 40 CFR

33.204-33.205.
2 Subcontractor is defined as a company, firm, joint venture or individual who enters into an agreement with a contractor to provide services.
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DBE Subcontractor Performance

This form is intended to capture the DBE 3 subcontractors’4 description of work to be performed and the price of the work submitted to the prime contractor. Prime contractor is required to have its DBE subcontractors complete this form and include all completed forms in the prime contractors bid or proposal package unless subcontractors will not be used.

Subcontractor Name Project Name
Bid/Proposal No. Assistance Agreement ID No. ( If known) Point of Contact Address
Telephone No. Email Address
Prime Contractor Name Issuing/Funding Entity:

Contract Item Number Description of Work Submitted to the Prime Contractor Involving construction, Services,
Equipment or Supplies
Price of Work
Submitted to the Prime
Contractor

BDE Certified by  DOT  SBA

 Other:

Meets/ exceeds FEMA certification standards:

 YES  NO  Unknown

I certify under penalty of perjury that the foregoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. I am aware of that in the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CRF Part 33 Section 33.302(c).

Prime Contractor Signature Print Name

Title Date

Subcontractor
Signature
Print
Name

Title Date

3 A DBE is a Disadvantaged, Minority, Small or Woman Business Enterprise that has been certified as described in 40 CFR 33.204-33.205
4 Subcontractor is defined as a company, firm, joint venture or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance.

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ATTACHMENT D - WRITTEN TRANSLATION OF VITAL DOCUMENTS

Written Translation of Vital Documents
An effective Language Access Plan should include the translation of vital written materials into the languages of the program’s most frequently encountered limited English proficient (LEP) communities.

What documents are considered vital?
Determining whether a document is "vital" depends on the seriousness of consequences that the LEP individual may face if the information in question is not provided accurately or in a timely manner.

The following are examples of written materials that may be considered vital:
 Applications
 Consent Forms
 Complaint Forms
 Intake forms with potential for health
consequences
 Letters/notices pertaining to eligibility for benefits  Letters/notices pertaining to rights
 Letters/notices pertaining to the reduction, denial, or termination of services or benefits
 Letters/notices that require a response
 Letters/notices as part of emergency
preparedness or risk communications
 Documents that must be provided by law
 Notices regarding the availability of free language
assistance services
If the document does not fall into one of the above categories, or if its status is unclear, use the flow chart below to determine if the information within the document could be considered “vital.”

Could a member of the public access
or participate in this program, service, or
activity if they are unable to complete
and/or understand the information in this
document?
No
Yes
Could a member of the public be
terminated from this program,
service, or activity if they are unable
to complete and/or understand the
information in this document?
Yes
No
Could a member of the public suffer
significant financial, physical, or other
harm if they are unable to complete
and/or understand the information in
this document?
Yes

Vital

Vital
Safe Harbor1
A "safe harbor" means that if a recipient provides written translations under the two below circumstances, such action will be considered strong evidence of compliance with the recipient's written-translation obligations.

The failure to provide written translations under the circumstances outlined in paragraphs (a) and (b) does not mean there is non-compliance. These paragraphs merely provide a guide for recipients to achieve greater certainty of compliance than can be provided by a fact-intensive, four-factor analysis.

The following actions will be considered strong evidence of compliance with the recipient's written-translation obligations:

a) The HHS recipient provides written translations of vital documents for each eligible LEP language group that constitutes five percent or 1,000, whichever is less, of the population of persons eligible to be served or likely to be affected or encountered. Translation of other documents, if needed, can be provided orally; or

b) If there are fewer than 50 persons in a language group that reaches the five percent trigger in (a), the recipient does not translate vital written materials but provides written notice in the primary language of the LEP language group of the right to receive competent oral interpretation of those written materials, free of cost.

Note: Even if the above safe harbors are not used, if written translation of certain documents would be so burdensome as to defeat the legitimate objectives of its program, the translation of the written materials may not be necessary. Other ways of providing meaningful access, such as effective oral interpretation of certain vital documents, may be acceptable under such circumstances.

1 HHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, Part C. Written Language Services (Translation) https://www.hhs.gov/civil-rights/for-individuals/special-topics/limited- english-proficiency/guidance-federal-financial- assistance-recipients-title-vi/index.html 120

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ATTACHMENT E - SAMPLE PUBLIC NOTICE (ENGLISH)

121

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ATTACHMENT E1 - SAMPLE PUBLIC NOTICE (SPANISH)
122

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ATTACHMENT F - TITLE VI COMPLAINT LOG

Department:

Date Filled Out:

Date the
Complaint
Was Filed
Date of
Alleged
Discriminatory
Act(s)
Name of Complainant Name of Respondent
(Department or
Persons Complaint
Filed Against)
Basis of Complaint
(Protected Class: Race,
Color, National Origin,
Sex, Age, Disability,
Income Status)
Nature of the Complaint Investigated
(Y/N)
Investigator
(Department/Name
of Staff)
Final
Disposition
Date Closed
1 2
3 4
5 6
7 8
9 10

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ATTACHMENT G - LIMITED ENGLISH PROFICIENCY DATA COLLECTION FORM

TITLE VI Limited English Proficiency Data Collection Form

The purpose of this form is to collect translation (written) and interpretation (oral) data regarding LEP (Limited English Proficiency) services provided by the City of Livermore.

These services can be provided at the request of a customer or provided proactively for the benefit of the customer.

Multiple services can be reported on a single form given those services were all provided / initiated on the same day.

1. What type of service was provided? (select all that apply)  Translation (written)
 Interpretation (oral)

2. If a document was translated (written), what is the name of the document translated?

___________________________________________________________________________________

3. Language translated / interpreted (select all that apply)  Spanish
 Chinese (incl. Mandarin, Cantonese)
 Vietnamese
 Tagalog (incl. Filipino)
 Korean
 Armenian
 Persian (incl. Farsi, Dari)
 Russian
 Arabic
 Japanese
 Punjabi
 Thai, Lao or other Tai-Kodai languages
 Other (please specify which language or languages):
___________________________________________________________________________________

4. What was the nature of the interpretation / translation? (select one) 124

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 Public Outreach Event
 Public Counter Interaction
 Phone call from customer
 Email from customer
 Mail from customer
 Other (please explain)
___________________________________________________________________________________

5. How was the service provided? (select all that apply)  City Employee
 Telephone Interpreting Service or Other Vendor
 Other (please specify):
___________________________________________________________________________________

6. Date the translation / interpretation was completed (estimate if unknown) __________________________________

7. How did the customer learn about the service? (If applicable) ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________

8. Department providing the service:
___________________________________________________________________________________

9. Employee Name:
___________________________________________________________________________________

Please email this completed form to: [email protected].

125

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ATTACHMENT G1 - LEP STAFF SURVEY

126

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127

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ATTACHMENT G2 - BILINGUAL STAFF

128

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ATTACHMENT H - TITLE VI TRAINING LOG
*(Initial/Onboarding/2 year/Other)
Community Development Department
Employee ID# Name Job Title Division Training Date *Type of Training

Public Works Department
Employee ID# Name Job Title Division Training Date *Type of Training

Innovation and Economic Development Department
Employee ID# Name Job Title Division Training Date *Type of Training

Administrative Services Department
Employee ID# Name Job Title Division Training Date *Type of Training

City Attorney's Office
Employee ID# Name Job Title Division Training Date *Type of Training

Police Department
Employee ID# Name Job Title Division Training Date *Type of Training

Livermore-Pleasanton Fire Department
Employee ID# Name Job Title Division Training Date *Type of Training

City Attorney's Office
Employee ID# Name Job Title Division Training Date *Type of Training

City Manager's Office
Employee ID# Name Job Title Division Training Date *Type of Training

City Council
Employee ID# Name Job Title Division Training Date *Type of Training

129

CITY COUNCIL STAFF REPORT
ITEM NO. 5.6

DATE:

July 11, 2022
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution accepting the Single Audit Report of federal funding provided to the City for the Fiscal Year Ended June 30, 2021.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution accepting the Single Audit Report of federal funding provided to the City for Fiscal Year 2020-21.

SUMMARY
The Single Audit Report of federal funding provided to the city which contains the Auditor’s Opinion, for the fiscal year ending June 30, 2021, is complete and ready for City Council acceptance. The Single Audit Report is required of each local government expending $750,000 or more in Federal awards.

DISCUSSION
The audited Annual Comprehensive Financial Report (ACFR) and other required audit compliance reports were presented to the City Council on February 28, 2022, in accordance with the Livermore Municipal Code §2.28.020 and Government Code §37208. The Single Audit Report was not presented at that time as the Federal Treasury did not release its Final Rule until January 6, 2022, regarding the eligible expenses and uses of the American Rescue Plan Act (ARPA) funding. An extension was granted for six months for the Single Audit Report to be due by September 30, 2022, because of the timing of the Final Rule release.

The Single Audit Report is required of each local government expending $750,000 or more in Federal awards. The Single Audit Act of 1984, as amended by the Office of Management and Budget (OMB) Guidance for Grants and Agreements in 2013, requires having an audit conducted in accordance with the 2 CFR (Code of Federal Regulations) Part 200. The City expended $8,123,076 in federal awards during the fiscal year ended June 30, 2021, and therefore was required to undergo a Single Audit. The City’s auditors tested the following federal programs for this year’s audit:

o Highway Planning and Construction Cluster
130
o COVID 19 – Coronavirus Relief Fund (CARES Funding) o COVID 19 – Coronavirus State and Local Fiscal Recovery Funds (ARPA Funding) A Single Audit Report includes two reports: (1) a Report on Internal Control over Financial Reporting and on Compliance and Other Matters based on an audit of financial statements performed in accordance with Government Auditing Standards; and (2) Report on Compliance for Each Major Federal Program; Report on Internal Control over Compliance in accordance with OMB Guidance 2 CFR Part 200; Report on Schedule of Expenditures of Federal Awards (SEFA). The auditors have issued an unqualified ("clean") opinion with no findings.

FISCAL AND ADMINISTRATIVE IMPACTS

There is no direct fiscal impact in accepting the FY 2020-21 audit reports. The total audit and report preparation costs including the ACFR and Single Audit of approximately $115,900 are within budget and are allocated to the General Fund, enterprise funds, Measure B funds, Measure BB funds, and transportation funds as the audits and reports are completed. The total fee also includes preparation costs of certain reports not requiring City Council acceptance that are transmitted directly to the California State Controller, including the Special Districts Financial Transactions Report for the Livermore Capital Projects Financing Authority (LCPFA), the Cities Financial Transactions Report for the City of Livermore, and the Livermore Annual Streets and Roads Report.

ATTACHMENTS

1. Resolution

2. Exhibit A - Federal Awards Report in Accordance with the Uniform Guidance

Prepared by: David
Doyle
Accounting Supervisor

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ACCEPTING THE SINGLE AUDIT REPORT OF FEDERAL FUNDING PROVIDED TO THE CITY FOR FISCAL YEAR 2020-2021
The audited Annual Comprehensive Financial Report (ACFR) and other required audit compliance reports were presented to the City Council on February 28, 2022, in accordance with the Livermore Municipal Code §2.28.020 and Government Code §37208.

The Single Audit Report of federal funding is required of each local government expending $750,000 or more in Federal awards.

The Single Audit Report was not presented with the ACFR as the Federal Treasury did not release its Final Rule until January 6, 2022, regarding the eligible expenses and uses of the American Rescue Plan Act (ARPA) funding. An extension was granted for six months for the Single Audit to be due by September 30, 2022, because of the timing of the Final Rule release.

The audited Single Audit Report of federal funding for the fiscal year ending on June 30, 2021, was presented to the City Council at its meeting on July 11, 2022, in accordance with Livermore Municipal Code section 2.28.020(G).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livermore receives and accepts the following financial statements and annual reports attached hereto as completed:

1. Single Audit Report, entitled Federal Awards Report in Accordance with the Uniform Guidance, attached as Exhibit A.

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS
ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Kelly Trujillo___________ Marie Weber Kelly Trujillo
City Clerk Assistant City Attorney
Exhibit A – Federal Awards Report in Accordance with the Uniform Guidance 132

CITY OF LIVERMORE, CALIFORNIA

FEDERAL AWARDS REPORT

IN ACCORDANCE WITH THE

UNIFORM GUIDANCE

FOR THE YEAR ENDED
JUNE 30, 2021

EXHIBIT A
133
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EXHIBIT A
134

CITY OF LIVERMORE, CALIFORNIA

FEDERAL AWARDS REPORT IN ACCORDANCE WITH THE UNIFORM GUIDANCE

FOR THE YEAR ENDED
JUNE 30, 2021

TABLE OF CONTENTS
Page
Independent Auditor’s Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ............................................................................................................................. 1 In
dependent Auditor’s Report on Compliance for Each Major Federal Program; Report on Internal Control Over Compliance; and Report on the Schedule of Expenditures of Federal Awards Required By Uniform Guidance .................................................................................................................................................... 3 Sc
hedule of Expenditures of Federal Awards ............................................................................................................ 6 No
tes to Schedule of Expenditures of Federal Awards ............................................................................................. 7 Schedule of Findings and Questioned Costs:
i.

Summary of Auditor’s Results .............................................................................................................................. 8 ii. Financial Statement Findings ............................................................................................................................... 9 iii. Federal Award Findings and Questioned Costs ................................................................................................ 10 Sc
hedule of Prior Audit Findings ............................................................................................................................. 11

EXHIBIT A
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EXHIBIT A
136
What inspires you, inspires us. | eidebailly.com
4040 Campbell Ave., Ste. 200 | Menlo Park, CA 94025-1053 | T 650.522.3400 | F 650.645.7393 | EOE 1 Independent Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards
To the Honorable Mayor and Members of the City Council
of the City of Livermore
Livermore, California
We
have audited, in accordance with the auditing standards generally accepted in the United States of Ame
rica and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, business-type activites, each major fund, and the aggregate remaining fund information of the City of Livermore (City), as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the City's basic financial statements, and have issued our report thereon dated December 30, 2021. Our report included an emphasis of matter regarding the adoption of GASB Statement No. 84, Fiduciary Activities. Our opinions are not modified with respect to this matter.

Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control.

Accordingly, we do not express an opinion on the effectiveness of the City's internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

EXHIBIT A
137
2 Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Menlo Park, California
December 30, 2021

EXHIBIT A
138
What inspires you, inspires us. | eidebailly.com
4040 Campbell Ave., Ste. 200 | Menlo Park, CA 94025-1053 | T 650.522.3400 | F 650.645.7393 | EOE 3 I
ndependent Auditor’s Report on Compliance for Each Major Federal Program; Report on Internal Control Over Compliance; and Report on the Schedule of Expenditures of Federal Awards Required by the Uniform Guidance
T
o the Honorable Mayor and Members of the City Council
of the City of Livermore
Livermore, California
R
eport on Compliance for Each Major Federal Program
W
e have audited City of Livermore, California's (City) compliance with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of City’s major federal programs for the year ended June 30, 2021. The City's major federal programs are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs.

M
anagement's Responsibility
M
anagement is responsible for compliance with federal statutes, regulations, and the terms and conditions of its federal awards applicable to its federal program.

A
uditor's Responsibility
O
ur responsibility is to express an opinion on compliance for each of City's major federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about City's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances.

W
e believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program. However, our audit does not provide a legal determination of City's compliance.

EXHIBIT A
139
4 Opinion on Each Major Federal Program
I
n our opinion, City complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2021.

R
eport on Internal Control Over Compliance
Management of City is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered City's internal control over compliance with the types of requirements that could have a direct and material effect on each major federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance.

Accordingly, we do not express an opinion on the effectiveness of City's internal control over compliance.

A
deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.

O
ur consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

T
he purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.

EXHIBIT A
140
5 Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance We have audited the financial statements of the governmental activities, business-type activities, each major fund, and the aggregate remaining fund information of City as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise City's basic financial statements. We issued our report thereon dated December 30, 2021, which contained unmodified opinions on those financial statements. Our report included an emphasis of matter relating to the adoption of GASB Statement No. 84, Fiduciary Activities. Our audit was conducted for the purpose of forming opinions on the financial statements as a whole. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by the Uniform Guidance and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of federal awards is fairly stated in all material respects in relation to the basic financial statements as a whole.

M
enlo Park, California
June 13, 2022

EXHIBIT A
141

CITY OF LIVERMORE, CALIFORNIA

SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
FOR THE YEAR ENDED JUNE 30, 2021
See accompanying notes to schedule of expenditures of federal awards. 6 Federal Financial Pass-through Amo unt
Assistance Entity Pas sed-
Federal Grantor/Pass-Through Grantor Listing/Federal Ident ifying Federal Through to Program Title CFDA Number Numbe r Expenditures Subrecipients Department of Housing and Urban Development
CDBG-Entitlement Grants Cluster
Direct Grants
Community Development Block Grant/Entitlement 14.218 715,894 469, 512 Passed through Alameda County Housing and Community Development HOME Investments Partnership Program 14.239 M20-DC 060201 102,817 94,251 Total Department of Housing and Urban Development 818,711 563,763 U.S. Department of Justice
Direct Grants
Bullet Proof Vest Partnership Program 16.607 3,778 - STOP School Violence 16.839 4,123 4, 123
Total U.S. Department of Justice 7,901 4,123 Department of Transportation Programs
Direct Grants
Airport Improvements Program 20.106 142,400 -
Airport Improvements Program 20.106 137,935 -
Highway Safety Cluster
Passed through California Office of Traffic Safety - Selective Traffic Enforcement Program State and Community Highway Safety 20.600 PT20069 16, 985 - State and Community Highway Safety 20.600 PT21038 5, 066 - Passed through California Office of Traffic Safety
Minimum Penalties for Repeat Offenders for Driving While Intoxicate 20.608 PT20069 5,374 - Minimum Penalties for Repeat Offenders for Driving While Intoxicate 20.608 PT21038 10,702 - Passed through California Department of Transportation
Highway Planning and Construction Cluster
Highway Planning and Construction 20.205 STPL 5053 (031) 1,382, 000 - Total Department of Transportation Programs 1,700,462 - Department of Treasury
Passed through California Department of Finance
COVID 19-Coronovirus Relief Fund 21.019 886 1,134,220 - Direct Grants
COVID 19-Coronovirus State and Local Fiscal Recovery Funds 21.027 4,231,637 - Total Department of Treasury 5,365,857 -
Department of Health and Human Services
Passed through Livermore Valley Joint Unified School District Substance Abuse and Mental Health Services 93.243 7,609 - Medicaid Cluster
Passed through Alameda County Probation Department
Medical Assistance Program (Medicaid; Title XIX) 93.778 13-90009 39,536 - Total Department of Health and Human Services 47,145 - Department of Homeland Security
Passed through California Governor's Office of Emergency Services Disaster Grants- Public Assistance 97.036 FEMA-4308-DR-CA 183,000 - Total Department of Homeland Security 183,000 - Total Federal Financial Assistance 8,123,076$ 567,886$

EXHIBIT A
142

CITY OF LIVERMORE, CALIFORNIA

NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
FOR THE YEAR ENDED JUNE 30, 2021
7 A. Basis of Presentation
Th
e accompanying schedule of expenditures of federal awards (the schedule) includes the federal award activity of the City of Livermore, California (City) under programs of the federal government for the year e
nded June 30, 2021. Federal awards received directly from federal agencies and received through other go
vernmental agencies are included on the schedule of expenditures of federal awards. The grant period may be different from City's fiscal year, which is from July 1 through June 30. The information is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the schedule presents only a selected portion of the operations of the City, it is not i
ntended to and does not present the financial position, changes in net position, or fund balances of the City.

B
. Summary of Significant Accounting Policies
E
xpenditures reported in the schedule are reported on the modified and full accrual basis of accounting, depending on which fund the federal expenditures were incurred. When applicable, such expenditures are recognized following the cost principles contained in the Uniform Guidance, wherein certain types of e
xpenditures are not allowable or are limited as to reimbursement. No federal financial assistance has been provided to a subrecipient. The City has not elected to use the 10-percent de minimis indirect cost rate as allowed under the Uniform Guidance. No federal financial assistance has been provided to a subrecipient.

C
. Reporting Entity
T
he Schedule of Expenditure of Federal Awards (the Schedule) includes expenditures of federal awards for the City of Livermore, California and its component units as disclosed in the notes to the Basic Financial Statements.

EXHIBIT A
143

CITY OF LIVERMORE, CALIFORNIA
SUMMARY OF AUDITOR’S RESULTS
FOR THE YEAR ENDED JUNE 30, 2021
8 Financial Statements
Unmodified
No
None Reported
No
Federal Awards
No
None Reported
Unmodified
No
CFDA Numbers Name of Federal Program or Cluster
COVID 19-Coronovirus Relief Fund

21.027
COVID 19-Coronovirus State
and Local Fiscal Recovery Funds
750,000$
Auditee qualified as low-risk auditee? No
Significant deficiency(ies) identified not considered to be material weaknesses? Type of auditor's report issued on whether the financial statements audited were prepared in accordance with GAAP:

Internal control over financial reporting:

Material weakness(es) identified?
Identification of major federal programs:

Dollar threshold used to distinguish between Type A and Type B programs:

Noncompliance material to financial statements noted?
Internal control over major federal programs:

Material weakness(es) identified?
Significant deficiency(ies) identified not considered to be material weaknesses? Type of auditor's report issued on compliance for major federal programs:

Any audit findings disclosed that are required to be reported in accordance with 2 CFR 200.516(a)

20.205

21.019
Highway Planning and Construction
Cluster

EXHIBIT A
144

CITY OF LIVERMORE, CALIFORNIA

FINANCIAL STATEMENT FINDINGS
FOR THE YEAR ENDED JUNE 30, 2021
9 None reported.

EXHIBIT A
145

CITY OF LIVERMORE, CALIFORNIA

FEDERAL AWARD FINDINGS AND QUESTIONED COSTS
FOR THE YEAR ENDED JUNE 30, 2021
10 None reported.

EXHIBIT A
146

CITY OF LIVERMORE, CALIFORNIA

SCHEDULE OF PRIOR AUDIT FINDINGS
FOR THE YEAR ENDED JUNE 30, 2021
11 None reported.

EXHIBIT A
147

CITY COUNCIL STAFF REPORT
ITEM NO. 5.7

DATE:

July 11, 2022
TO:

Honorable Mayor and City Council
FROM:

Christine Martin, Assistant City Manager
SUBJECT:

Resolution of a continued local emergency and reauthorizing remote or hybrid teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361

RECOMMENDED ACTION

SUMMARY
On June 13, 2022, the City Council adopted a resolution of continued local emergency (Resolution No. 2022-099). California Government Code section 8630 directs the City Council to review the need for continuing the local emergency at least once every 60 days.

On September 16, 2021, the Governor signed Assembly Bill 361 (“AB 361”) into law, allowing the City’s legislative bodies to continue to meet via teleconference during proclaimed states of emergency under modified Brown Act requirements when a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558. AB 361 further requires that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees. AB 361 requires reauthorization every 30 days.

DISCUSSION
An outbreak of coronavirus disease 2019 (COVID-19) caused by the 2019 novel coronavirus (SARS- CoV-2) began in Wuhan, Hubei Province, China in December 2019, and has now spread throughout the world.

On March 1, 2020, the Health Officer of Alameda County declared a public health emergency throughout 148
the County of Alameda.

On March 4, 2020, the Governor of California proclaimed a state of emergency exists in California after making determinations that:

1 .

The conditions caused by COVID-19 are likely to require the combined forces of a mutual aid region or regions to appropriately respond; and,
2 .

Local authority is inadequate to cope with the threat posed by COVID-19.

On March 12, 2020, the Alameda County Department of Public Health confirmed evidence of community-acquired transmission.

On March 13, 2020, the President of the United States of America declared a National state of emergency in response to the spread of COVID-19 within the United States of America.

On March 13, 2020, the City Manager declared a Local Emergency. The declaration was based upon the Alameda County Department of Health confirming evidence of community-acquired transmission within Alameda County and the President of the United States declaring a National state of emergency.

On March 16, 2020, the City Council adopted a resolution ratifying the declaration of local emergency (Resolution No. 2020-033).

On June 8, July 27, September 14, November 9, December 14, 2020, February 8, March 22, May 10, June 28, July 26, September 13, October 25, November 22, December 13, 2021, January 10, February 14, and February 28, 2022, the City Council adopted resolutions of continued local emergency (Resolution Nos. 2020-78, 2020-133, 2020-166, 2020-207, 2020-235, 2021-018, 2021-037, 2021-063, 2021-112, 2021-140, 2021-155, 2021-179, 2021-195, 2021-217, 2022-006, 2022-016, and 2022-022, respectively).

On April 11, 2022, the City Council adopted a resolution terminating the proclamation of local emergency and the temporary suspension and revision of the City Council Meeting Rules of Procedure, and all unexpired emergency orders declared in response to the spread of COVID-19.

On May 13, 2022, the Alameda County Department of Health, along with twelve Bay Area health officers urged the public to take precautions as COVID levels rise, including but not limited to continued masking indoors as the region experiences a new swell of COVID cases and hospitalizations.

On May 20, 2022, the Director of Emergency Services declared a local emergency. The declaration was based on the Alameda County Department of Health guidance issued on May 13, 2022, and the increase in positive cases among Livermore residents and City of Livermore staff.

On May 23, 2022, the Council adopted a resolution ratifying the declaration of local emergency (Reso.

No. 2022-077).

On June 13, 2022, the City Council adopted Resolution 2022-099, continuing the local emergency.

The County continues to strongly encourage COVID safety precautions including masking indoors.

Positive cases continue to fluctuate amo
ng residents and staff requi
ring ongoing monitoring to ensure
149
continuity of government.

Based on the above, staff recommends the City Council adopt a resolution continuing the proclamation of local emergency and reauthorizing teleconference or hybrid meetings of the City's legislative bodies in accordance with AB 361.

FISCAL AND ADMINISTRATIVE IMPACTS

The continuance of a Local Emergency allows the City to access federal, state and county resources, including potential financial reimbursements.

ATTACHMENTS

1. Resolution

Prepared by: Christine Martin
Assistant City Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION OF CONTINUED LOCAL EMERGENCY AND

REAUTHORIZING REMOTE TELECONFERENCE MEETINGS FOR THE
CITY OF LIVERMORE’S LEGISLATIVE BODIES IN ACCORDANCE
WITH ASSEMBLY BILL 361, INCLUDING HYBRID
Section 8630 of the Government Code and Section 2.56.060 of the City of Livermore Municipal Code authorizes the Director of Emergency Services to proclaim a local emergency under certain circumstances if the City Council is not in session and provides that the City Council shall ratify the proclamation within seven days thereafter.

An outbreak of coronavirus disease 2019 (COVID-19) caused by the 2019 novel coronavirus (SARS-CoV-2) began in Wuhan, Hubei Province, China, in December 2019, and has spread throughout China and to numerous other countries and territories, including the United States.

COVID-19 is an infectious disease that causes respiratory illness. Experts anticipate that while a high percentage of individuals affected by COVID-19 will experience mild flu-like symptoms, some will have more serious symptoms and require hospitalization, particularly individuals who are elderly or already have underlying chronic health conditions.

It is imperative to prepare for and respond to suspected or confirmed COVID-19 cases, to implement measures to mitigate the spread of COVID-19, and to prepare to respond to an increasing number of individuals requiring medical care and hospitalization.

The United States Centers for Disease Control and Prevention (CDC), the United States Health and Humans Services Agency, the California Department of Public Health, and the Alameda County Department of Public Health are each working to monitor and plan for the potential spread of COVID-19 to support and guide local actions to preserve public health.

On January 23, 2020, the CDC activated its emergency response system to provide ongoing support for the response to COVID-19 in the United States.

On February 25, 2020, the Centers for Disease Control and Prevention announced that community spread of COVID-19 is likely to occur in the United States. 151
RESOLUTION NO. ________
On March 1, 2020, Health Officer of Alameda County declared a public health emergency throughout the County of Alameda.

On March 4, 2020, the Governor of California proclaimed a state of emergency exists in California after making determinations that:

1. The conditions caused by COVID-19 are likely to require the combined forces of a mutual aid region or regions to appropriately respond; and,

2. Local authority is inadequate to cope with the threat posed by COVID-19.

On March 12, 2020, the Alameda County Department of Public Health confirmed evidence of community-acquired transmission.

On March 13, 2020, the President of the United States of America declared a national state of emergency in response to the spread of COVID-19 within the United States of America.

On March 16, 2020, the City Council adopted a resolution ratifying the declaration of local emergency (Resolution No. 2020-033).

On June 8, July 27, September 14, November 9, December 14, 2020, February 8, March 22, May 10, June 28, July 26, September 13, October 25, November 22, December 13, 2021, January 10, February 14, and February 28, 2022, the City Council adopted resolutions of continued local emergency (Resolution Nos. 2020-78, 2020-133, 2020-166, 2020-207, 2020-235, 2021-018, 2021-037, 2021-063, 2021-112, 2021-140, 2021-155, 2021-179, 2021-195, 2021-217, 2022-006, 2022-016, and 2022-022, respectively).

On May 13, 2022, the Alameda County Department of Health, along with twelve Bay Area health officers urged the public to take precautions as COVID-19 levels rise, including but not limited to continued masking indoors as the region experiences a new swell of COVID-19 cases and hospitalizations.

On May 20, 2022, the Director of Emergency Services declared a local emergency. The declaration was based on the Alameda County Department of Health guidance issued on May 13, 2022, and the increase of positive cases among Livermore residents and City of Livermore staff.

On May 23, and June 13, 2022, the City Council adopted resolutions ratifying the declaration of local emergency (Reso. Nos. 2022-077, and 2022-099). 152
RESOLUTION NO. ________
On June 13, 2022, the City Council adopted a resolution continuing the local emergency (Resolution 2022-099).

Alameda County continues to strongly encourage COVID-19 safety precautions, including masking indoors. Positive cases continue to fluctuate among residents and staff, requiring ongoing monitoring to ensure continuity of government.

Due to these conditions, City of Livermore staff reported that the emergency conditions identified by the previous emergency proclamation still exist today. City of Livermore staff also recommended the City Council continue to authorize teleconference meetings for itself and the City’s legislative bodies, whether participating wholly virtual for the legislative body members, staff, and the public, or in hybrid situation with some people participating virtually while other are in person.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby finds that conditions warrant continued maintenance of the proclamation of local emergency due to the COVID-19 pandemic.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that:

1. The Recitals set forth above are true and correct and are incorporated into this Resolution by reference.

2. Until the local emergency is terminated, the powers, functions, and duties of the City Manager/Director of Emergency Services, and the emergency organization of the City of Livermore shall be those prescribed by State law and the ordinances, resolutions, and approved emergency services plans of the City of Livermore.

3. The City Council finds that conditions warrant continued maintenance of that proclamation and has determined that the state of emergency continues to impact the ability of the City’s legislative bodies to meet safely in person with no teleconference option. In-person meetings of the City’s legislative bodies with no teleconference option might present imminent risks to the health or safety of some or all attendees.

4. The staff and legislative bodies of the City of Livermore are hereby reauthorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act for fully teleconferenced meetings, or hybrid meetings that accommodate both in person and teleconference participation by the legislative body members, staff, and the public.

5. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of August 11, 2022, or such time the City Council makes subsequent findings in accordance with Government Code section 54953(e)(3) to extend 153
RESOLUTION NO. ________
the time during which the legislative bodies of the City of Livermore may continue to teleconference without compliance with Government Code section 54953(b)(3).

6. If any section, subsection, clause, or phrase in this Resolution is for any reason held invalid, the validity of the remainder of this Resolution shall not be affected thereby. The City Council would have passed this Resolution and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases thereof be held invalid.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 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
154

CITY COUNCIL STAFF REPORT
ITEM NO. 6.1

DATE:

July 11, 2022
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Hearing to receive and consider protests related to delinquent service fees to Livermore Sanitation for solid waste, recycling, and organics handling services and adopting a resolution confirming assessments for collection on the County assessor tax roll.

RECOMMENDED ACTION

Staff recommends the City Council hold a Public Hearing to:
1 .

Consider protests related to the non-payment of solid waste, recycling, and organics services; 2 .

Adopt a resolution overruling protests and confirm the 2022 assessments if applicable; and 3 .

Direct staff to forward a finalized copy of the assessment report to the County Tax Assessor.

SUMMARY
Currently, Livermore Sanitation, Inc. (LSI) has approximately 26,000 accounts. Of those, 40 are more than 12 months behind on payment. These debts are from unpaid charges from FY 2020-21 (7/2020 - 6/2021). Despite repeated notifications from LSI, and two notices from the City of Livermore, the accounts continue to be significantly overdue. As provided for in Government Code section 25831 and Livermore Municipal Code section 8.08.160, LSI may assign to the City all of LSI’s rights to collect these delinquent accounts for the City to pursue collections.

DISCUSSION
Per Livermore Municipal Code 8.08.030, all properties are required to subscribe to solid waste, recycling, and organics services provided by Livermore Sanitation, Inc. (LSI). Additionally, the Municipal Code states that property owners are responsible to pay for solid waste, recycling, and organics service at rates approved by the City Council.

Due to the possibility of waste accumulation and vermin infestation, LSI is not permitted to discontinue providing service for non-payment. Continual service also helps preserve property values and quality of life by reducing illegal dumping and blighted neighborhoods.

LSI has two billing cycles; residential accounts are billed quarterly and commercial accounts are billed 155
monthly. According to the Third Amended and Restated Agreement between the City of Livermore and LSI for Solid Waste, Recyclable Materials, and Compostable Materials Services (Franchise Agreement), if LSI does not receive payment after 30 days from the date of the invoice, a notice is sent to the account holder. If an account lapses to 60 days past due, a second notice, if applicable, is sent to the account holder and property owner. Concurrently, service is reduced to one 32-gallon garbage cart with no recycling or organics service. Collection calls to the account holder are documented and invoices including the outstanding amount are continued.

In addition to LSI’s collection efforts, the City of Livermore sends two notices to affected property owners advising of intent to assess their property. This year, the first notice was mailed on March 4, 2022. The second notice was mailed on June 8, 2022, and advised the property owner of the scheduled Public Hearing on July 11, 2022.

Upon confirmation by the City Council, staff will send the final assessment list to a consultant to verify addresses and then send the information to be placed on the County tax roll at a cost of approximately $500. All assessments are cleared in five years, or once a property is sold by the owner or Alameda County, and past due funds are paid to LSI.

As of the writing of this report, of the approximately 26,000 LSI accounts, 40 accounts are more than 12 months past due. Almost two-thirds of the past due accounts scheduled for assessments this year have been assessed in previous years. Of the past due residential accounts, 15 are tenant-occupied residences and 24 are owner-occupied residences. There is one commercial account that is more than 12 months past due. These debts are unpaid charges from FY 2020-21. The debts from the 40 past due accounts do not include any late penalties as LSI waived them if customers indicated they had been financially impacted by the COVID-19 pandemic and if the customer account was in good standing as of November 2019. The amount and number of accounts eligible for assessment may decrease after publication of this report since account holders and property owners may settle their account until 7:00 pm on the evening of the July 11, 2022 Public Hearing. This payment cutoff date is necessary in order for this assessment to be included in the 2022-23 County Tax Assessor’s billing.

If confirmed by the City Council, all outstanding debt that is more than 12 months overdue will be assigned by LSI to the City, for the City to pursue collections as provided for in Government Code section 25831 and Livermore Municipal Code section 8.08.160.

Staff recommends that the City Council consider protests, and adopt a resolution confirming the 2022 assessments, directing staff to forward a finalized copy of the assessment report to the County Tax Assessor.

FISCAL AND ADMINISTRATIVE IMPACTS

The net value of the assessments is approximately $15,000, which represents debts that are at least 12 months old. This will be the amount remitted to the City and passed through to LSI when received. In addition to administrative fees necessary to recover the cost of processing these assessments, the General Fund also receives an 11% franchise fee.

ATTACHMENTS

1. Resolution
156

2. Exhibit A - Lien Assessments

Prepared by: Marisa Gan
Recycling Specialist

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION CONSIDERING AND OVERRULING OBJECTIONS AND

PROTESTS RELATED TO DELINQUENT SERVICE FEES TO LIVERMORE

SANITATION AND CONFIRMING ASSESSMENTS FOR COLLECTION ON THE

COUNTY ASSESSOR TAX ROLL
The City initiated collection procedures for delinquent payments and penalties for waste collection services as authorized by Livermore Municipal Code section 8.08.160 and Government Code sections 38790.1 and 25831, which included causing notice of the hearing to be mailed to landowners for the properties listed in Exhibit A not less than 10 days before the public hearing to confirm the assessments.

On July 11, 2022, the City Council conducted a public hearing to hear any and all objections or protests by landowners liable to be assessed for delinquent fees, identified in the attached Exhibit A, for unpaid invoice amounts.

The City Clerk of the City of Livermore has, within the time required by law, prepared the assessment list and caused it to be posted in the same locations as the agenda for the City Council’s meeting on July 11, 2022, with the time shown when said list has been submitted to the City Council for confirmation.

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

1. All objections and protests, if any, have been overruled by motion of the City Council.

2. The delinquencies and penalties listed in the attached Exhibit A are hereby confirmed by the City Council as submitted.

3. The outstanding amounts of overdue solid waste accounts with Livermore Sanitation Inc. shall become an assessment on the property for the unpaid invoiced amount and placed on the County tax roll.

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

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
158
RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason R. Alcala____________ Marie Weber Jason R. Alcala
City Clerk City Attorney
Exhibit A – Lien Assessments
159
SERVICE ADDRESS APN

ASSESSMENT
AMOUNT
1036 VIA MADRID 99030107900 548.54$
1056 REDONDO WAY 99030307700 377.57$
1086 VENTURA AVE 980293015 119.68$
1320 VENTURA AVE 980292009 112.49$
1323 2ND ST 97008100403 $          434.00
1343 2ND ST 97008100403 108.95$
137 ESTATES ST 098A043400500 $          548.54
1410 BUENA VISTA AVE 99125000106 401.69$
1759 DAWN ST 099A290503900 117.72$
1946 WALNUT ST 98023000601 434.00$
211 WILDROSE CMN UNIT 7 9050012171 376.95$
2124 BUCKSKIN RD 99130506100 13.22$
2195 DEL MONTE ST 099B520913500 $          548.54
2241 1ST ST 970015008 $          894.20
239 QUARTZ CIR 99130601300 $          434.00
2417 4TH ST 97010700903 273.99$
249 BLUEBIRD AVE 98038502200 35.03$
2856 CARMEN AVE 990985004 $          548.54
337 HILLCREST AVE 098A044810900 78.13$
363 N K ST 98024300104 $          440.50
3659 CARRIGAN CMN 098A061002400 $          548.54
388 PESTANA PL 098A0416019 $          548.54
404 ANNA MARIA ST 990320025 $          548.54
450 N P ST 98023400802 548.54$
4549 RICE ST 098A040501100 117.72$

4605 GOLF DR 99131303100 424.12$
506 SELBY LN 9030013113 $          548.54
539 HUMBOLDT WAY 980402041 354.00$
5411 CHARLOTTE WAY 099A144207700 679.78$
546 DOVECOTE LN UNIT 3 903001315700 173.59$
555 S K ST 97004800200 446.59$
560 SONOMA AVE 99031301000 $          434.00
5835 SOUTHFRONT RD # A 099B590000502 117.72$
6150 SKYLINKS CT 099B810107300 $          548.54
6472 OWL WAY 099B530109400 $          354.00
725 EL CAMINITO 99030613200 80.39$
773 PARTRIDGE CMN 980391110 $          305.95
826 BERRYESSA CT 099B535502100 $          434.00
827 WALL ST 990308098 $          434.00
878 ALEXANDER ST 99030208700 $          548.54

EXHIBIT A
160

CITY COUNCIL STAFF REPORT
ITEM NO. 6.2

DATE:

July 11, 2022
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Hearing to receive and consider protests related to the non-payment of sewer service provided by the City of Livermore as of June 30, 2022 and adopting a resolution confirming assessments for collection on the County assessor tax roll.

RECOMMENDED ACTION

Staff recommends the City Council consider protests, adopt a resolution overruling protests, and direct staff to forward a finalized copy of the assessment list to the County Tax Assessor.

SUMMARY
The City of Livermore has approximately 1,200 sewer accounts, primarily commercial, that are billed monthly. Of these accounts, approximately 24 are severely delinquent. As provided in Livermore Municipal Code section 13.36.210, any and all delinquent sewer service and use charges may be placed on the tax roll and collected with property taxes.

DISCUSSION
Sewer revenues are generated for the collection, treatment, and disposal of wastewater. The City of Livermore Sewer Enterprise serves all residential and business customers within the city limits. All service charges are based on the strength and quantity of sewage generated by the customer.

Commercial accounts are billed monthly based on the amount of water used and their industrial classification. Most residential customers are billed annually through the Alameda County property tax roll. Residential charges are based on expected usage and strength of sewage of the class as a whole and customers pay a flat rate each year.

According to Livermore Municipal Code 13.36.190, sewer service and use charges are delinquent if not paid on or before the sixtieth day immediately following the date upon which such charges become due and payable. Commercial and some residential multi-family sewer accounts are billed monthly. In addition, residential customers for new development are billed monthly until their home moves to the property tax roll in July, at which point it is billed annually. For all sewer accounts billed monthly, customers receive a statement that lists the previous balance and current charges separately so 161
delinquent charges are clearly identifiable. As a courtesy, City of Livermore utility billing staff also contacts customers with delinquent balances by letter, email and/or phone call to alert them to the balance due. Despite these efforts, the accounts on the property tax assessment past due list have remained severely delinquent.

Per Livermore Municipal Code 13.36.210, in the event of the failure of any owner to pay when due any sewer services charges applicable to premises owned by him or her, the City may enforce payments of such delinquent charges by placing them on the tax roll and collecting them with property taxes. In addition to City of Livermore’s collection efforts, letters were sent to affected property owners advising of intent to assess their property and the scheduled Public Hearing on July 11, 2022.

Of the accounts on the property tax assessment list, all but two are commercial accounts. The largest account comprises 30% of the assessment list total and was placed on a payment arrangement plan last year that has not been honored despite numerous reminders from utility billing staff. The next largest commercial account also has a lengthy history of non-payment that predates the COVID-19 pandemic.

In FY 2021-22, Finance and Water Resources staff worked together to apply for American Rescue Plan Act funding on behalf of delinquent sewer customers for a total of $16K and the two largest accounts on the lien list were beneficiaries of this funding relief. The amounts for the residential accounts represent final balances not paid before the property rolled to the assessor tax roll.

Upon confirmation by the City Council, staff will send the final assessment list to a consultant to verify addresses and then send the information to the Assessor’s Office to be placed on the Alameda County tax roll.

The number of accounts and balances on the assessment list may decrease after publication of this report since account holders and property owners may settle their account up until the July 11, 2022, Public Hearing. This payment cutoff date is necessary in order for the assessments to be included in the 2022-23 County Tax Assessor’s billing.

Staff recommends the City Council consider protests, adopt a resolution overruling protests, and direct staff to forward a finalized copy of the assessment list to the County Tax Assessor.

FISCAL AND ADMINISTRATIVE IMPACTS

The assessment list total is approximately $10,100. Collection of these delinquent balances would avoid bad debt expense in this amount to be charged to the Sewer Enterprise Fund. Consultant expense of $500 would be incurred to place the delinquent sewer lien charges on the County’s property tax roll.

ATTACHMENTS

1. Resolution

2. Exhibit A
- Lien Assessments

Prepared by: Ann Furtado
Accounting Supervisor

162
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
163
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION CONSIDERING AND OVERRULING PROTESTS TO

PLACE DELINQUENT SEWER ACCOUNTS ON THE PROPERTY TAX
ROLL
The City of Livermore initiated collection procedures for delinquent payments and penalties for sewer service and use charges as authorized by Livermore Municipal Code section 13.36.210 and Health and Safety Code Division 5, Part 3, Chapter

6.4.5473a. Collection procedures included mailing letters giving notice to the property owners not less than 10 days before the public hearing.

On July 11, 2022, the City Council held a public hearing to hear all objections or protests by property owners liable to be assessed for delinquent amounts, identified in the attached Exhibit A, for unpaid account balances.

The City Clerk of the City of Livermore has, within the time required by law, posted the assessment list in the same locations as the agenda for the City Council’s meeting on July 11, 2022, with the time shown when said list has been submitted to the City Council for confirmation.

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

1. All objections and protests, if any, have been overruled by motion of the City Council.

2. The delinquencies and penalties listed in the attached Exhibit A are hereby confirmed by the City Council as submitted.

3. The outstanding amounts of overdue sewer service and use charges with the City of Livermore shall become an assessment on the property for unpaid account balances and placed on the County tax roll.

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
164
RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason R. Alcala____________ Marie Weber Jason Alcala
City Clerk City Attorney
Exhibit A – Lien Assessment
165

EXHIBIT A
Service Address APN
Assessment
Amount
2059 First St 097001301000 $754.58
2059 First St 097001301000 $4,463.90
1845 First St 097001100400 $590.57
3234 East Ave 098A041403000 $1,311.09
3025 Independence Dr 905001000801 $534.33
835 Rincon Ave 098035100605 $265.78
1959 Second St 097002000704 $236.66
6383 Las Positas Road 099B8103036 $135.42
2066 Railroad Ave 098028200900 $49.98
2200 First St 097000101100 $101.06
1600 N Vasco Road 099B521200500 $1,628.45
3102 Constitution Drive 905001801000 $23.93
TOTAL $10,095.75

CITY OF LIVERMORE

SEWER ASSESSMENT LIST
PROPERTY TAX ROLL FY22-23
166

CITY COUNCIL STAFF REPORT
ITEM NO. 6.3

DATE:

July 11, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Hearing to certify Draft Supplemental Environmental Impact Report for the South Livermore Valley Specific Plan and authorizing the South Livermore Urban Growth Boundary initiative to be placed on the November 8, 2022, ballot enabling the South Livermore Sewer Extension Project.

RECOMMENDED ACTION

Staff recommends the City Council:
1 .

Adopt a resolution certifying the Supplemental Environmental Impact Report; 2 .

Adopt a resolution approving the ballot question and language for the South Livermore Urban Growth Boundary Initiative; and
3 .

Direct staff to conduct all necessary actions to prepare materials for the November 8, 2022, ballot.

SUMMARY
For over 100 years, the South Livermore Valley has been known as a premier wine region and served as an important element of the community’s character, heritage, and local economy. Throughout that time, the Valley has endured many challenges to wine production including Prohibition, viral grapevine diseases, urbanization, and market uncertainty. In response to these various challenges, local stakeholders, Alameda County, and the City of Livermore have collectively created planning programs to ensure the vibrancy and long-term sustainability of the wine region.

Currently, the South Livermore Valley is at risk due to ground water quality issues and strict regulations governing wastewater treatment that are limiting the ability to realize the economic potential of the wine industry and presenting possible health and safety issues associated with groundwater quality. At the request of South Livermore Valley stakeholders, the City Council directed staff to coordinate with Alameda County to prepare amendments to the South Livermore Urban Growth Boundary initiative (Initiative) and begin preliminary evaluation of a new sewer alignment in South Livermore.

The Initiative would modify South Livermore Urban Growth Boundary policies enabling the city to extend sewer service and property owners to receive municipal services. The sewer project would be 167
constructed in phases and within existing rights-of-way. The initiative would not require connection and would not commit City funding. Connection would be at the request of individual property owners and subject to an Out-of-Area service agreement or annexation into the city.

The purpose of the project is to improve groundwater quality and enhance the economic viability of agriculture and viticulture in the South Livermore Valley area. Staff recommends Council certify the environmental documents and authorize staff to proceed with ballot language.

DISCUSSION

BACKGROUND

In the early 1900s, the South Livermore Valley was a thriving wine region. From the 1960’s through the early 1990s, development pressure threatened the South Livermore Valley wine region and its resources. In response, Alameda County and the City of Livermore initiated comprehensive planning programs to protect agriculture and open space within the Valley and balance preservation with limited urban development.

In 1993, Alameda County adopted the South Livermore Valley Area Plan (Area Plan) with the intent of preserving and re-establishing the traditional viticulture and wine making uses through agricultural mitigation. The Area Plan authorizes the development of wine country and visitor serving uses on building sites if 90% of the parcel is planted with orchards or vineyards and preserved under a permanent conservation easement held by an independent Agricultural Land Trust.

In 1997, the city adopted the South Livermore Valley Specific Plan (Specific Plan). The Specific Plan complements the Area Plan, establishes land use regulations to guide development within designated sub areas suitable for urban development, protects viticulture resources, and promotes wine production through agricultural mitigation and planting requirements. Both the Area Plan and the Specific Plan included environmental analysis through an Environmental Impact Report, which assessed the impacts of development under the Plans, respectively.

In November 2000, Alameda County voters passed Measure D. The purpose of Measure D was to preserve agricultural lands and to protect open space, watersheds, and wildlife habitat. Measure D set a county urban growth boundary that restricts subdivisions of the farms and ranches in eastern Alameda County, including North Livermore and the South Livermore Valley. Measure D also amended the county’s East County Area Plan programs and policies, which place limits on density, development standards, and the geographical extents of the Area Plan.

In March 2000, Livermore voters passed Measure K, establishing the South Livermore Urban Growth Boundary (Urban Growth Boundary) with goals of limiting urbanization and preserving open space, habitat, and agriculture. In February 2004, Measure K was incorporated into the Livermore General Plan.

The success of these combined programs helped re-establish the South Livermore Valley as a premiere wine region with over 4,500 acres of agricultural land and open space protected with permanent conservation easements, and 50 operating wineries.

Despite these programs and protections, the improvement of wine country properties consistent with the planning for the area, has been stymied by restrictive state and regional ground water regulations to respond to concerns over groundwater quality resulting from nitrate concentrations. Most development in 168
unincorporated Alameda County is supported by on-site wastewater treatment systems or septic systems. These septic systems are believed to be contributing to groundwater contamination in the area.

The State Water Resources Control Board (SWRCB) identifies nitrates as an element of concern found within groundwater and cites septic systems and wastewater discharges as common sources of nitrate in groundwater. When multiple sources of nitrates are in proximity to one another, such as in neighborhoods with numerous septic systems, nitrate concentrations in the groundwater can build to unacceptable levels and threaten health and safety. Groundwater is used for agricultural irrigation, livestock, and as a reservoir for drinking water.

In July 2015, Zone 7 Water Agency prepared a Nutrient Management Plan for the Livermore Valley Groundwater Basin, which assesses groundwater nutrient concentrations and describes planned actions to address high groundwater nitrate concentrations in the Basin including connection to municipal sewer when available. Further, in June 2018, the Alameda County prepared a Local Agency Management Program for septic systems, which describes septic system requirements within the county; identifies areas of concern regarding nitrate concentrations, (including the South Livermore Valley); and describes corrective actions, requirements, procedures, and prohibitions including connection to a municipal sewer system. Development approval in these areas has been paused until/unless the area is able to obtain wastewater collection services to alleviate the groundwater contamination.

As a result, the city continues to receive inquiries from South Livermore stakeholders regarding the possibility of connecting to the city’s municipal sewer system. Connecting to a municipal system is a reliable alternative to treat wastewater and would be a significant step in addressing complex groundwater management regulations that are jeopardizing the near and long-term viability of the wine industry. Further, connection to the municipal sewer system would enable rural residential properties to phase out the use of septic systems which would help alleviate significant groundwater impacts.

In August 2020, the Tri Valley Conservancy and other South Livermore Valley stakeholders requested the City of Livermore ask Alameda County to reserve funding for possible extension of sewer service to address groundwater quality issues in South Livermore. They also asked the Council to direct staff to explore actions necessary to advance the extension of the sewer system to serve the South Livermore Valley Area. On September 28, 2020, the City Council considered the request by the stakeholders and directed staff to make a request to Alameda County to reserve available funding and to explore actions necessary to extend sewer service. On December 8, 2020, the Alameda County Board of Supervisors approved the use of $6.5 million to help support the connection of underground utilities for unincorporated Livermore.

On November 22, 2021, the City Council reviewed proposed ballot language prepared by the Tri Valley Conservancy. Council directed staff to modify the language and return with an updated version prior to presenting it for authorization. In addition, Council appropriated funds to study and evaluate sewer alignments, technical aspects of a potential sewer extension, and potential impacts in accordance with the California Environmental Quality Act (CEQA).

On May 6, 2022, staff published a Draft Supplemental Environmental Impact Report, which analyzed the potential impacts of amending the Urban Growth Boundary policies and construction and operation of a new sewer line, for a 45-day public comment period. On May 23, 2022, the City Council reviewed draft initiative language and directed staff to modify the language in response to public comments. On June 169
21, the Planning Commission held a public hearing to receive public comments on the Draft Supplemental Environmental Impact Report.

SOUTH LIVERMORE URBAN GROWTH BOUNDARY INITIATIVE and SEWER PROJECT

The Initiative would amend language in the South Livermore Urban Growth Boundary policies. The amendments would allow the city to extend sanitary sewer service to parcels containing residences, wineries, and visitor-serving uses located in South Livermore consistent with the Livermore General Plan, Area Plan, Specific Plan, and in conformance with Alameda County Measure D. The Initiative would not change the location of the Urban Growth Boundary.

Specifically, the Initiative would amend Livermore General Plan Goal LU Goal 18, Objective LU 18.1 and policies LU P1-P7. The current General Plan polices are derived from the South Livermore Urban Growth Boundary initiative (2000) and allow extension of urban services (water and sewer services) under special circumstances if a property meets specific criteria. The Initiative modifies the existing criteria to enable sewer service to parcels in the South Livermore Valley, including those properties not immediately adjacent to the Urban Growth Boundary and Livermore Municipal boundaries. The provision of sewer service would be limited to uses that are consistent with applicable city and county planning documents and that facilitate the goals of the Area Plan and Specific Plan to create a premier wine region destination.

The Initiative would enable properties to connect to the city’s sewer. The Initiative would not require connection; however, connection would provide an opportunity for rural residential districts, like the Buena Vista Avenue neighborhood, to phase out the use of on-site septic systems. Connection of individual parcels would be subject to a request by private property owners through an Out-of-Area Service Agreement or annexation into the city. In addition, the Initiative would require an agreement disallowing further subdivision of the property in exchange for sewer service. The intent of the Initiative and sewer project is to maintain the same rural character consistent with the permitted land use but address ground water quality issues by allowing connection to the sewer system.

The proposed sewer project would construct approximately five miles of new sewer lines. Phase 1 of the proposed sewer extension is anticipated to be approximately 3.6 miles of sewer line installed within Buena Vista Avenue from East Avenue to Tesla Road, within Tesla Road from Buena Vista Avenue to Greenville Road, and within Greenville Road from Tesla Road to approximately 5,900 feet south of Tesla Road (Attachment 1 Figure 2-2 of the SEIR).

At this time, funding is limited to $6.5 million set aside by Alameda County. Staff will also pursue any available federal and state funding related to improving ground water quality. However, the ultimate length of the Phase 1 sewer line will be based on total available funding from the County and other outside sources at the time of project construction. Livermore sewer rate payers would not contribute to the construction of this sewer line. Future phases of the project would be constructed dependent on need and funding availability.

GENERAL PLAN CONSISTENCY

The initiative and sewer project are consistent with the following General Plan policies:

Land Use

170

“Goal LU-13 Promote the South Livermore Valley as a unique and historic wine region”.

Modifying the Urban Growth Boundary and enabling connection to the municipal sewer system would address groundwater quality issues and regulations that are limiting the wine industry’s viability by hindering agricultural operations, the processing of grapes into wine, and visitor serving facilities.

Therefore, the project would help promote the South Livermore Valley as a unique and historic wine region.

“Goal LU-14 Take a proactive approach to protect, enhance, and increase viticulture and other cultivated agriculture”.

Groundwater quality and regulations are limiting wine production and visitor services, which impacts the economic viability of the wine region. As a result, the planting and cultivation of vineyards is becoming infeasible. Modifying the Urban Growth Boundary and enabling connection to the municipal sewer system is a proactive approach to addressing groundwater quality thereby protecting, enhancing, and increasing viticulture.

Infrastructure and Public Services

“Goal INF-2 Collect, treat and dispose of wastewater in ways that are safe, sanitary, environmentally acceptable and financially sound while maintaining the highest standards required to enhance the quality of life for existing and future residents”.

Modifying the Urban Growth Boundary and enabling connection to the municipal sewer system would help phase out the use of on-site septic systems to address groundwater quality, health and safety, and economic vitality. The construction of sewer lines would be constructed through funding provided by Alameda County. Therefore, the project is consistent with the goal to collect, treat, and dispose of wastewater in ways that are safe, sanitary, environmentally acceptable and financially sound within the Planning Area.

“Objective INF-2.1 Plan, manage and develop wastewater collection, treatment and disposal systems in a logical, timely and appropriate manner”.

Modifying the Urban Growth Boundary and enabling connection to the municipal sewer system would help phase out the use of on-site septic systems and facilitate the collection, treatment and disposal of wastewater in a logical, timely and appropriate manner.

Climate Change

“Objective CLI-1.4 Policy P5. WATER EFFICIENCY–Participate in and support regional programs and projects that target the improvement and conservation of the region’s groundwater and surface water supply. Also consider programs to collect storm water for landscape watering”.

As a result of Climate Change, conservation of water resources, including groundwater, will become more important. Modifying the Urban Growth Boundary and enabling connection to the municipal sewer system would help phase out the use of on-site septic systems, which would help to protect and 171
conserve regional ground water resources. The construction and connection process is part of a regional effort involving the City, Alameda County, and Zone 7 Water Agency.

ENVIRONMENTAL REVIEW

Staff and Rincon Consultants, Inc. prepared a Supplemental Environmental Impact Report (SEIR) to the 1997 Specific Plan Environmental Impact Report in accordance with the CEQA. The Specific Plan is considered the urban complement to the County’s Area Plan and guides limited development of the South Livermore Valley. The city is the lead agency responsible for providing municipal sewer service.

Therefore, the Specific Plan EIR, which already contemplated providing sewer service to uses in South Livermore, was supplemented to evaluate the construction of an additional sewer line and connection to South Livermore Valley uses.

The project is defined as the Initiative and the construction and operation of the sewer expansion for agricultural residential and commercial development consistent with city and county land use regulations, including Measure D, in South Livermore. Development under those regulations had been evaluated under separate CEQA documents. The SEIR is limited to construction and operation of a new sewer project.

Based on the results of an Initial Study (included as Appendix IS to the SEIR), the project’s potential impacts to Biological Resources, Cultural Resources, Geology and Soils, Noise, and Tribal Cultural Resources were found to be less than significant with mitigation. Mitigation measures include monitoring and halting work for species, cultural, tribal, archaeological, and paleontological resources, and implementing noise reductions from construction activities.

Upon further evaluation the SEIR concludes the project’s potential impacts to Hydrology and Water Quality, and Utilities and Service Systems would be less than significant, and no mitigation would be required. The SEIR concludes less than significant impacts for the project (installation of the sewer pipeline), but also acknowledges the significant and unavoidable impacts from the 1997 EIR from buildout of properties that would use the project pipelines including impacts to wastewater treatment capacity. The impacts of organics in sewage from wine production on the treatment processes at the wastewater treatment plant would need to be studied further to determine whether and what level of pre- treatment by individual users would be required. The city is conducting infrastructure analysis as part of the comprehensive 2045 General Plan Update and corresponding Sewer Master Plan Update, which would determine the types and thresholds of any necessary and future treatment plant improvements needed to support city-wide wastewater treatment needs.

Section 2,
Project Description
, of the SEIR, describes the portion of the proposed alignment that would be installed within Buena Vista Avenue, and future connection of existing residences to the pipeline. In addition, Section 4.2,
Utilities and Service Systems
, of the SEIR discusses the addition of wastewater
flows from parcels adjacent to the proposed alignment, including residences along Buena Vista Avenue.

The current zoning allows for the development of single-family residential homes. The project is limited to the construction and operation of the new sewer lines and does not propose to change the zoning; therefore, there is no additional evaluation is required under the SEIR.

Public Comments

The 45-day public comment period for the Draft Environmental Impact Report began on May 6, 2022. 172
During the public comment period, staff received 10 letters from public agencies and other interested parties. On June 21, the Planning Commission held a public hearing and received an additional nine public comments. Comments ranged from broad points and questions about the environmental review process to specific construction related comments and questions. Staff and the consultant team compiled all the comments and responded to them as part of the Final Supplemental Environmental Impact Report.

In addition, staff received specific comments regarding construction activities along Buena Vista Avenue.

In response, staff is preparing a Frequently Asked Questions document, a project schedule, and other reference material to assist residents' understanding of the project.

FISCAL AND ADMINISTRATIVE IMPACTS

On November 22, 2021, Council appropriated $212,502 to evaluate the technical, financial, and environmental aspects of the initiative and extending sewer service. Preparation of a ballot, continued agency coordination, and community and stakeholder engagement would require staff resources.

If authorized by Council and subsequently approved by Livermore voters, approximately $6.5 million in Alameda County funding would be used to leverage state and Federal infrastructure funds and groundwater management grant opportunities. The total project cost is estimated at approximately $11.5 million. Construction of Phase I of the project is estimated at $8 million and annual maintenance cost is estimated at $150,000.

At this time, it is anticipated that properties that request connection to the sewer system would be responsible for paying connection and service fees. Staff recommends fees currently collected from Livermore residents for sewer service not be used to fund sewer expansion construction activities.

ATTACHMENTS

1. Proposed South Livermore Sewer Alignment Figure 2-2

2. Resolution - FSEIR

3. Exhibit A - Final Supplemental Environmental Impact Report

4. Exhibit B - Findings and Facts

5. Exhibit C - Mitigation, Monitoring and Reporting Program

6. Resolution - Initiative

7. Exhibit A - Ballot Question and South Livermore Urban Growth Boundary Initiative

Prepared by: Andy Ross
Senior Planner

173
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
174
Figure 2-2 Project Location
ATTACHMENT 1
175
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION CERTIFYING THE FINAL SUPPLEMENTAL

ENVIRONMENTAL IMPACT REPORT FOR THE SOUTH LIVERMORE

SEWER EXPANSION PROJECT AND INITIATIVE TO AMEND THE SOUTH

LIVERMORE URBAN GROWTH BOUNDARY, ADOPTING CALIFORNIA

ENVIRONMENTAL QUALITY ACT FINDINGS AND A MITIGATION

MONITORING AND REPORTING PROGRAM
The City of Livermore proposes a ballot initiative to amend the South Livermore Urban Growth Boundary to enable the South Livermore Sewer Expansion Project (“Project”).

The City of Livermore determined that the Project is subject to the California Environmental Quality Act (“CEQA”) and that a Supplemental Environmental Impact Report (“SEIR”) is required.

On December 16, 2022, the City of Livermore issued a Notice of Preparation pursuant to CEQA to obtain comments on the proposed scope of the SEIR for the Project.

On May 6, 2022, the City of Livermore issued a Notice of Arability, distributed the Draft SEIR to the State Clearinghouse, state, regional and local agencies, and special districts, and interested groups and individuals for a 45-day public comment period.

On June 21, 2022, the Planning Commission held a duly noticed public hearing to consider the adequacy of the Draft SEIR at which time oral and written comments were presented to the Planning Commission. Members of the public and other interested parties were invited by formal public notice to testify on the adequacy of the Draft SEIR at the public hearing.

On June 22, 2022, at 5:00 p.m., the public comment period on the Draft SEIR was closed. The City of Livermore received ten written comment letters.

On July 1, 2022, the Final SEIR was made public consisting of copies of all written and oral comments, a list of commenters, and all responses to oral and written comments and any amendments containing minor corrections to the Draft SEIR. The Final SEIR was made available on the City of Livermore’s website.

On July 11, 2022, the City Council held a duly noticed public hearing to consider the Project, staff recommendations, all public comments and testimony, and findings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that prior to taking action on the Project, and at a properly noticed public hearing, the City Council reviewed written and oral staff reports, conducted a public hearing on the Project and took testimony, and received into the record all pertinent 176
RESOLUTION NO. ________
documents related to the Project (collectively, the “Record Evidence”). The City Council’s determination is based on the Record Evidence, which is incorporated into this Resolution by reference.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore, has considered the findings, attached hereto as Exhibit B, and hereby adopts the same findings by this reference and incorporates them as their own findings as part of this resolution. Based upon the City Council’s own independent review of the Record Evidence and considerations, the City Council hereby finds that the Final Supplemental Environmental Impact Report has been completed in compliance with the intent and requirements of the California Environmental Quality Act, CEQA Guidelines, the City’s local CEQA requirements, and has considered the information contained in the Final Supplemental Environmental Impact Report and the record prior to taking any action on the Project, other related Project actions, or any of the alternatives. The City Council hereby certifies the Final Supplemental Environmental Impact Report, attached hereto as Exhibit A, and approves and adopts the Findings and Facts in Support of Findings Regarding the Supplemental Environmental Impact Report, attached hereto as Exhibit B.

BE IT FURTHER RESOLVEDthat the City Council of the City of Livermore hereby adopts the Mitigation Monitoring and Reporting Program, attached hereto as Exhibit C, which is incorporated into the conditions of approval for the project.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore directs the Planning Manager to file a Notice of Determination with the Alameda County Clerk.

The documents that constitute the record of proceedings upon which this decision is based can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, in Livermore, California. This resolution shall be effective upon adoption by the City Council.

On motion of Council Member _______________________, seconded by Council Member _______________________, the foregoing resolution was passed and adopted on July 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
177
RESOLUTION NO. ________
Exhibit A – Final Supplemental EIR
Exhibit B – Findings and Facts in Support of Findings and Statement of Overriding Considerations Regarding the Supplemental Environmental Impact Report for the South Livermore Sewer Expansion Project
Exhibit C – Mitigation, Monitoring and Reporting Program 178

South Livermore Sewer Expansion Project
Final Supplemental Environmental Impact Report
State Clearinghouse Number 2021120386
prepared by
City of Livermore
Community Development Department
1052 South Livermore Avenue
Livermore, California 94550
Contact: Andy Ross, Senior Planner
prepared with the assistance of
Rincon Consultants, Inc.
449 15th Street, Suite 303
Oakland, California 94612
June 2022

EXHIBIT A
179
Table of Contents

Final Supplemental Environmental Impact Report i
Table of Contents
Responses to Comments on the Draft Supplemental EIR ......................................................................1 Letter 1 ............................................................................................................................................2 Letter 2 ............................................................................................................................................6 Letter 3 ............................................................................................................................................9 Letter 4 ......................................................................................................................................... 11 Letter 5 ......................................................................................................................................... 15 Letter 6 ......................................................................................................................................... 17 Letter 7 ......................................................................................................................................... 31 Letter 8 ......................................................................................................................................... 35 Letter 9 ......................................................................................................................................... 38 Letter 10 ....................................................................................................................................... 41 Public Hearing Comments ........................................................................................................... 47 Amendments to the Draft Supplemental EIR ...................................................................................... 51 Draft Supplemental EIR ................................................................................................................ 51 Appendix IS .................................................................................................................................. 52

EXHIBIT A
180
City of Livermore
South Livermore Sewer Expansion Project

ii
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EXHIBIT A
181
City of Livermore
South Livermore Sewer Expansion Project Responses to Comments on the Draft Supplemental EIR Final Supplemental Environmental Impact Report
Responses to Comments on the Draft
Supplemental EIR
This section includes comments received during the circulation of the Draft Supplemental Environmental Impact Report (EIR) prepared for the South Livermore Sewer Expansion Project (project).

The Draft Supplemental EIR was circulated for a 47-day public review period that began on May 6, 2022, and ended on June 22, 2022. The City of Livermore received 10 comment letters on the Draft Supplemental EIR, and accepted comments during the June 21, 2022, Planning Commission Hearing.

The commenters and the page number on which each commenter’s letter appear are listed below.

Letter Number and Commenter Name Page No.
1 Rachel Jones, Exec utive Officer, Alameda Local Agency Formation Commission (LAFCO) 2 2 Alb
ert Lopez, Planning Director, Alameda County Community Development Agency 6 3 Alex Abey 9
4 Donna Governor 11
5 Victoria Kamerzell 15
6 Tim Johnston 17
7 Cindy Wheeler 31
8 Christine Massey 35
9 Owen Parker 38
10 John Bezis 41
Public Hearing Comments 47
The comment letters and responses follow. The comment letters have been numbered sequentially and each separate issue raised by the commenter, if more than one, has been assigned a number.

The responses to each comment identify first the number of the comment letter, and then the number assigned to each issue (Response 1.1, for example, indicates that the response is for the first issue raised in comment Letter 1).
1 EXHIBIT A
182
Alameda Local Agency Formation Commission
Administrative Office
Rachel Jones, Executive Officer
224 West Winton Avenue, Suite 110
Hayward, California 94544
T: 510.670.6267
www.alamedalafco.org
Bob Woerner, Regular
City of Livermore
Melissa Hernandez, Reg
City of Dublin
Karla Brown, Alternate
City of Pleasanton
Ralph Johnson, Regular
Castro Valley Sanitary District
Ayn Wieskamp, Regular
East Bay Regional Park District
Georgean Vonheeder-Leopold, Alternate
Dublin San Ramon Services District
Sblend Sblendorio, Chair
Public Member
John Marchand, Alternate
Public Member

Nate Miley, Regular
County of Alameda
David Haubert, Regular
County of Alameda
Dave Brown, Alternate
County of Alameda
June 20, 2022

SENT VIA EMAIL
Andy Ross, Senior Planner
City of Livermore, Planning Division
1052 South Livermore Avenue
Livermore, CA 94550
[email protected]

SUBJECT: Draft Supplemental Environmental Impact Report for South Livermore Sewer Expansion Project
Dear Mr. Ross:

Thank you for allowing the Alameda Local Agency Formation Commission (LAFCO) to provide comments on the Draft Supplemental Environmental Impact Report (EIR) for the South Livermore Sewer Expansion Project. The proposed “South Livermore Sewer Expansion” project aims to extend existing sanitary sewer lines of approximately 5 miles to the unincorporated community of Buena Vista located in Alameda County. The purpose of the project is to enhance the economic viability of agriculture and viticulture by allowing existing residences and wineries in the South Livermore Valley area to connect to the City of Livermore’s public wastewater system and remove their on-site septic systems in an effort to reduce groundwater quality issues from nitrates associated with residential septic systems and livestock. The proposed project is presently located within the adopted sphere of influence of the City, but outside of the City’s established jurisdictional boundary as well as Urban Growth Boundary (UGB). Development of the sewer extension to the currently unincorporated territory would be subject to LAFCO’s approval for the delivery of wastewater services at a future date.

Under the California Environmental Quality Act (CEQA), LAFCO is a Responsible Agency for this proposal, and will have regulatory authority towards future applications involving boundary changes for the delivery of public wastewater service. It is in this role the Alameda LAFCO is commenting on the Draft Supplemental EIR.

Comments on the Draft Supplemental Environmental Impact Report:

1. LAFCO as a Responsible Agency
LAFCO’s statutory authority is derived from the Cortese -Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56000, et seq.). From our reading of the Draft Supplemental EIR, we notice that the proposed project calls for LAFCO approval of one or more applications requesting the delivery of wastewater service to the affected territory following the certification of the EIR.

Letter 1

1.1 2

EXHIBIT A
183
Alameda LAFCO
June 20, 2022
Comment Letter – Draft Supplemental EIR
__________________________________________________________________________________________________________________________________________________________________________________________ 2 | P a g e
In
reviewing this project, LAFCO will be asked to rely on the City’s environmental document for either the required annexation or out-of-area service agreement. Therefore, the Final EIR for this project should list Alameda LAFCO as a Public Agency whose approval is required (In reference to Section

1.7 Lead, Responsible and Trustee Agencies, Page 1-9).

2. Consideration of Governance Options
Generally, LAFCOs were created to identify the most logical service providers for municipal services, including but not limited to water, wastewater, fire, etc. Such determinations can be accomplished through various changes of organizations such as annexations, consolidations and approvals of out-of- area service agreements. These governance options allow cities, special districts, and county governments to provide municipal services to landowners throughout the county.

Given that the proposed project is outside of the City of Livermore’s jurisdictional boundary, in order to comply with state law and local policies, LAFCO has identified two governance options for the City’s consideration that we would like evaluated.
a. Consider an out-of-area service agreement
- Based on the proposed project area, the affected territory is located outside the City’s jurisdictional boundary. Such discrepancy would require LAFCO approval. - Under this scenario, the City can request an out-of-area service agreement from LAFCO is it meets the statutory criteria outlined in Government Code Section 56133 and the Commission’s adopted policies. If so, this would allow the City to provide wastewater services to the affected territory without amending its City limits. b. Consider annexation of the affected territory
- Based on the proposed project area, the development of the sanitary sewer lines are locate d outside the City of Livermore.
- Under this scenario, the City can request annexation of the affected territory. This would allow the City to complete its proposed project without building in two different jurisdictions.

Thank you again for the opportunity to comment on the Draft Supplemental EIR and for the consideration of our comments. Please contact the LAFCO office if you have any questions

1.1 1.2
3 EXHIBIT A
184
Alameda LAFCO
June 20, 2022
Comment Letter – Draft Supplemental EIR
__________________________________________________________________________________________________________________________________________________________________________________________ 3 | P a g e
Re
spectfully,
Rachel Jones
Executive Officer
Attachments: none
4 EXHIBIT A
185
City of Livermore
South Livermore Sewer Expansion Project Responses to Comments on the Draft Supplemental EIR Final Supplemental Environmental Impact Report
Letter 1
COMMENTER: Rachel Jones, Executive Officer, Alameda LAFCO DATE: June 20, 2022
Response 1.1
The commenter summarizes the project, its purpose, and its location. The commenter asserts that LAFCO is a Responsible Agency under the California Environmental Quality Act (CEQA) for the proposal. The commenter explains LAFCO’s statutory authority and explains that the Draft Supplemental EIR should list Alameda LAFCO as a Public Agency whose approval is required in Section 1.7, Lead, Responsible and Trustee Agencies (Page 1-9 of the Draft Supplemental EIR).

The commenter is correct that LAFCO has discretionary approval authority over future municipal sewer connections within the County. However, LAFCO is not considered a responsible agency for the proposed sewer extension project and Urban Growth Boundary (UGB) language modification, which is the proposed project considered in the Draft Supplemental EIR. The required approvals are described in Section 2.6 of the Draft Supplemental EIR, which does not include any discretionary approvals from LAFCO for the proposed project but does include approvals for future subsequent actions including out of area service agreements or annexation required to receive sewer service.

Response 1.2
The commenter states that the project is outside of the City’s jurisdictional boundary, and LAFCO has identified two governance options to comply with state and local regulations: an out-of-area service agreement from LAFCO to allow the City to provide wastewater services to the affected territory without amending City limits; or annexation of the affected areas currently outside of City limits to allow the City to complete the proposed project without building in two different jurisdictions.

This comment will be passed to decision-makers for consideration. It has not been determined at this time whether parcels will be annexed into the City should sewer service be requested. 5 EXHIBIT A
186
1 ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY

P L A N N I N G D E P A R T M E N T
Sandra Rivera
Interim Agency Director
Albert Lopez
Planning Director
224 West Winton Ave
Room 111
Hayward, California
94544-1215
phone
510.670.5400
fax
510.785-8793
www.acgov.org/cda
June
20, 2022
Andy Ross, Senior Planner
City of Livermore
1052 S. Livermore Avenue
Livermore, California 94550
RE: Draft Supplemental Environmental Impact Report (Draft SEIR) for the proposed South Livermore Sewer Expansion Project, State Clearinghouse Number 2021120386 Dear Mr. Ross:

Thank you for the opportunity to review the Draft SEIR prepared by the City of Livermore for the South Livermore Sewer Expansion Project. The Alameda County Planning Department submits the following remarks on the Draft SEIR. The proposed project would amend the City of Livermore’s South Livermore Valley Urban Growth Boundary (UGB) language to allow the extension of sanitary sewer lines to serve land uses permitted by the City’s South Livermore Valley Specific Plan, and the County’s East County Area Plan (ECAP) and South Livermore Valley Area Plan (SLVAP). The sewer extension would be installed in phases on South Livermore Avenue from approximately 520 feet northwest of Concannon Boulevard to Tesla Road, Tesla Road from South Livermore Avenue to approximately 3,000 feet east of Greenville Road, Buena Vista Avenue between East Avenue and Tesla Road, and Greenville Road from Tesla Road to approximately 5,900 feet south of Tesla Road, enabling existing and future wineries, visitor-serving commercial uses, and residences along the alignment to connect to the City’s wastewater system.

Page 2 ends

Livermore City CouncilJuly 11, 2022

Livermore City Council
July 11, 2022