Livermore City Council
October 24, 2022

EXHIBIT A
447

2. Certain portions of the Park Easement to be designated as a " Cultural Facility Area" for the development of cultural facilities such as a black box theater, a science and society center, and open space support, and other portions to be designated as " Commercial Use Areas" for the development of commercial uses, which uses were to integrate with the park in an appealing manner but not overshadow the park and the memorial;

3. The City, at its own expense, to design and construct the park and memorial;

4. The City to obtain the Association' s written approval that the design and amenities for park and memorial are acceptable to the Association;

5. The City to allow the Association the opportunity to comment and provide input on the cultural facilities and commercial uses to be constructed in the " Cultural Facility Area" and the " Commercial Use Areas" in the Park Easement. The purpose of the opportunity to comment and provide input was to ensure the cultural facility and commercial uses do not overshadow the park and memorial and integrate with the Park Area in an appealing manner.

On April 18, 2018, the City recorded the grant of a park easement ( County Recorders' No. 2018076967) to the Association, subject to the terms and conditions in the First Amendment.

On September 27, 2019, the City and Association entered into a second amendment to the Original Agreement (" Second Amendment"). The purpose of the Second Amendment was to adjust the edges of the Cultural Facility Use Area and the Commercial Use Areas in the park easement. In exchange for the adjustments, the City was required to obtain Association approval for the design and location of the cultural facility use and the commercial uses to ensure that said uses do not overshadow the Park and the Memorial and integrate with the Park Area in an appealing manner. The parties agreed to a revised Exhibit D which identified an adjusted Cultural Facility Use Area and Commercial Use Areas within the park easement.

The City desires to further adjust the edges of the Cultural Facility Use Area, the Commercial Use Areas, and the Park Area in the park easement.

City and Association desire to enter into the Third Amendment to the Original Agreement.

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

1. City and Association agree that all obligations under the Original Agreement, except for the City' s development of a park and the Memorial on Area A.

2. Section 16 and Exhibit D were added to the Original Agreement by the First

EXHIBIT A
448
Amendment to identify the park easement granted by the City to the Association, and to identify the Cultural Facility Use Area and the Commercial Use Areas within that park easement. The Second Amendment to the Original Agreement adjusted the edges of the Cultural Facility Use Area and the Commercial Use Areas within the Park Easement, as set forth in the Exhibit D to the Second Amendment. The Exhibit D attached to this Third Amendment and dated Af€ b i 2fl2' L hereby replaces and supersedes for all purposes the Exhibit D identified in the First and Second Amendments to the Original Agreement. The Exhibit D attached to this Third Amendment identifies an amended park easement granted by the City to the Association, and identifies the adjusted Cultural Facility Use Area, the Commercial Use Areas, and the Park Area within the park easement. Upon approval of this Third Amendment, the parties agree to record an Amendment to the Grant of Easement as set forth Exhibit D.

3. The revisions in this Third Amendment are prospective and only apply after the execution of this Third Amendment. Unless otherwise stated herein, this Third Amendment does not and shall not relieve the parties of the terms and conditions of the Original Agreement as amended by the First and Second Amendments and in effect prior to this Third Amendment.

4. If there are any conflicts between the provisions in this Third Amendment and the provisions in the Original Agreement as amended by the First and Second Amendments, then the provisions of this Third Amendment shall control.

5. Except as revised above, the Original Agreement as amended by the First and Second Amendments shall remain in full force and effect.

Signatures and Attachment List on the Next Page

EXHIBIT A
449
In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have caused this Third Amendment to be executed on the date first written above.

LIVERMORE
RODEO ASSOCIATION:

STOCKMEN' S
K —.erly Gilley
Senior Assistant City Atto ney
Attachment:

Exhibit D — Amendment to Grant of Easement

B4y' David Finster
Title: -Provident CD rmad'

CITY OF LIVERMORE
MarcR„ b., ks Mar? annot Monts -het -1
City Manager
APPROVED AS TO INSURANCE:

Ris Man er/ A° ttk 0(

EXHIBIT A
450
RECORDING REQUESTED BY:
and
WHEN RECORDED MAIL TO:

City Clerk
City of Livermore
1052 South Livermore Avenue
Livermore, CA 94550

EXHIBIT D
MAIL TAX STATEMENTS TO: ABOVE THIS LINIE FOR RECORDER' S USE

SAME AS ABOVE
The Undersigned grantor( s) declare( s):

CITY TRANSFER TAX $
DOCUMENTARY TRANSFER TAX $
SURVEY MONUMENT FEE $
Computed on the consideration or value or property conveyed; OR Computed an the consideration or value less liens or encumbrances remaining a t time of sale.

APN # s 098-289- 23. 098-289- 24. 098-289- 25
098-289- 26.7
No Fee Recording Government Code 6103. 27383. & 27388. 1 The undersigned Grantor declares: No Tax Due — R&T 11911 Consideration less than $ 100

AMENDMENT TO GRANT OF EASEMENT
FOR A VALUABLE CONSIDERATION. receipt of which is hereby acknowledged, The City of Livermore. a municipal corporation (" City" or " Grantor"), owner of the property being all of the lots shown on Tract Map 8574 and on Parcel Map 11239 and the Livermore Stockmen' s Association Grantee"), owner of the Park Easement described in the Grant of Easement recorded on April 18. 2018 under document number 2018076967 Official Records of Alameda County hereby amends said Park Easement to revise the boundaries of the Cultural Facilities Use Area, Commercial Areas, and the Park Area within the Park Easement as described in Exhibit " D" and subject to the terms and conditions set forth in that specific agreement titled First Amendment to Agreement, for the Development of the Rodeo Grounds and Sunken Garden Area as a Civic Center and Parks and Recreation Area, dated January 30, 2018. the Second Amendment to Agreement for the Development of the Rodeo Grounds and Sunken Garden Area as a Civic Center and Parks and Recreation Area. dated September 27, 2019, and Third Amendment to Agreement for the Development of the Rodeo Grounds and Sunken Garden Area as a Civic Center and Parks and Recreation Area. dated May_, 2022 and on file with the City Clerk for the City of Livermore (" Agreement"). The rights, duties, and obligations of the City and the Livermore Stockmen' sRodeo Association concerning the use of the Park Area, Cultural Facility Use Area, and the Commercial Use Areas of this Amended Park Easement are set forth in that Agreement.

This Amended Park Easement may be used by the City for parking prior to the construction of the park facilities, cultural facilities, and commercial uses in those areas designated as the Park Area, Cultural Facility Use Area, and Commercial Use Areas, respectively. The Cultural Facility Use Area and the Commercial Use Areas A, B.

C and D may be used by the City as a park if the respective locations are no longer needed for parking, prior to the construction of a cultural facility or commercial facilities in those respective areas. The City may use any and all portions of the Amended Park Easement for public infrastructure that does not interfere with other uses allowed in the easement area.

FOR DESCRIPTION SEE THE ATTACHED EXHIBIT "D"

ATTACHED HERETO AND MADE A PART HEREOF
Signature appears on following page]
SHEET 1 OF 10

EXHIBIT A
451
EXHIBIT D.

Grantor Signature:

CITY OF LIVERMORE
A municipal corporation of the State of California
DATED:

Marc Roberts. City Manager
Grantee Signature:

LIVERMORE STOCKMEN' S RODEO
ASSOCIATION:

DATED:

David Finster, President
APPROVED AS TO FORM:

Kimberly Cilley
Sr. Asst. City Attorney
SHEET 2 OF 10

EXHIBIT A
452

EXHIBIT D

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of
On before me,
insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/er/ their authorized capacity( ies), and that by his/er/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ( Seal)
SHEET 3 OF 10

EXHIBIT A
453

EXHIBIT D

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of
On before me
insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/er/ their authorized capacity( ies), and that by his/er/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ( Seal)
SHEET 4 OF 10

EXHIBIT A
454
EXHIBIT " D"

LEGAL DESCRIPTION AMENDED PARK EASEMENT

REAL PROPERTY SITUATED IN THE CITY OF LIVERMORE, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEING ALL OF PARCEL 2 AND PARCEL 5, OF TRACT 8574, RECORDED DECEMBER 23, 2020, IN BOOK 365 OF MAPS AT PAGES 15-9, AND ALL OF PARCEL' SA, B, & C OF PARCEL MAP 11239 RECORDED , IN BOOK OF MAPS AT PAGES
ALAMEDA COUNTY RECORDS.

CONTAINING 78, 671± SQUARE FEET OF LAND MORE OR LESS
APN' s: 098-289- 23, 098-289- 24, 098-289- 25, 098-289- 26, 098-289- 27 SHEET 5 OF 10

EXHIBIT A
455
LEGEND

BOUNDARY
P. O. B. POINT OF BEGINNING
SO. FT. SQUARE FEET

RAILROAD AVENUE
N69° 30' 00 -E 191. 87'
K
N20° 30' 0" W
22249.

R=25. 00'
4=90° 00'0"
L=39.
3000" WN20°
41' 106.

BEAR MAROON, LP
2003- 450990
N69° 30' 00"- 110. 00'

PARK AREA
78, 670± SQ. FT.

N69° 30' 00- 137. 02'
120
1 inch = 60 ft.

N26° 55' 40" W4. 50'
N64° 00146" E
123. 07'
R=20. 70'
A=79% 9' 01"
L=28. 7
0)
N
t
N N69° 30' 00-

4. 08'
b
o
M
o, C
rn
m
N
N63` 04' 20E 60.9
N631941207-

21.1'
SHEET 6 OF 10

EXHIBIT D

PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR

PARK AREA

CITY OF LIVERMORE, ALAMEDA COUNTY, CALIFORNIA
1 1

RUGGERI- JENSEN- AZAR
ENGINEERS • PLANNERS • SURVEYORS
4690 CHABOT DRIVE. SUITE 200 PLEASANTON, CA 94588
PHONE: ( 925) 227- 9100 FAX: ( 925) 227- 9300
SCALE: DATE: JOB NO.:
1" = 60' MAY - 5- 2022 I211010- 015
C\ A 202112/ 1010- 0155URID1CAD FILES1PUAIS\ PARK MIAOW 5/ 2022 11: 54: 12 AN £ S5E NA

EXHIBIT A
456
EXHIBIT " D"

LEGAL DESCRIPTION CULTURAL FACILITY USE AREA

REAL PROPERTY SITUATED IN THE CITY OF LIVERMORE, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEING ALL OF PARCEL 2 OF TRACT 8574, RECORDED December 23,020 IN BOOK 365 OF MAPS AT PAGES 15-9, AND ALL OF PARCEL A, AND A PORTION OF PARCEL B OF PARCEL MAP 11239 RECORDED , IN BOOK _ OF MAPS AT PAGES
ALAMEDA COUNTY RECORDS AS SHOWN ON ATTACHED PLAT, EXHIBIT D.

CONTAINING 31, 146± SQUARE FEET OF LAND MORE OR LESS
APN' s: 098-289- 23, 098-289- 24, & 098-289- 25 (PORTION) SHEET 7 OF 10

EXHIBIT A
457
LEGEND
P. 0. B.

P. O. C.

SQ. FT.

BOUNDARY

POINT OF BEGINNING

POINT OF COMMENCEMENT

SQUARE FEET

RAILROAD
P. O.

GENERAL NOTE:

1. THE BUILDABLE FOOTPRINT WITHIN

THE CULTURAL FACILITY AREA SHALL
NOT EXCEED 20, 100 SQUARE FEET.

AVENUE
B. P. 0. C.

N69 °30' 00E 111. 97 /
1CR= 25. 00' 4 =- 90° 00'0"
L=39.

CULTURAL

FACILITY

USE AREA
31, 1461 SOFT.

NOTE 1)
R=40 00'
4=106° 0438
L=74. 1
N20° 3' 00' W

BEAR MAROON, LP
2003- 450990

36. 00'
N69° 30' 00" E14. 39'
N20° 30' 00' W23. 49'
N69° 30 oo E 7 78'

PARK AREA
N20° 30' 00W 45. 98'
N69° 30' 00 E 14. 08'
N20° 30' 00" W3776'
fN24° 30' 00E 12. 66'
N20° 30' 00' W11. 04'
a MIS
N69° 30' 00"- 9769'
120
1 inch = 60 ( t.
1 ecc ki
c) (I)

COMMERCIAL

USE AREA D
3&0118. 7/ Il7
Z
C
TtA
SHEET 8 OF 10

EXHIBIT D

PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR

CULTURAL FACILITY USE AREA

CITY OF LIVERMORE, ALAMEDA COUNTY, CALIFORNIA
11 RUGGERI- JENSEN- AZAR
ENGINEERS • PLANNERS • SURVEYORS
4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588
PHONE: ( 925) 227- 9100 FAX: ( 925) 227- 9300
SCALE: DATE:
1' = 60' MAY 5, 2022
JOB NO.:
211 010-1 5
6 \. K82021\ 211010- 015\ SUPIfY\ CAD NIS\ PLAIS\ CEKIIFAL FACILITY USE AREAOMG 5/ 1011 11: 51: 13 AM £ SSE MA

EXHIBIT A
458
EXHIBIT " D"

LEGAL DESCRIPTION COMMERCIAL USE AREA

REAL PROPERTY SITUATED IN THE CITY OF LIVERMORE, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEING ALL OF PARCEL 5, OF TRACT 8574, RECORDED December 23,020 IN BOOK 365 OF MAPS AT PAGES 15-9, AND ALL OF PARCEL C OF PARCEL MAP 11239 RECORDED IN BOOK OF MAPS AT PAGES ALAMEDA COUNTY RECORDS.

CONTAINING 13, 423± SQUARE FEET OF LAND MORE OR LESS
APN' s: 098-289- 26 & 098-289- 27
SHEET 9 OF 10

EXHIBIT A
459
LEGEND
P. O. B.

P. O. C.

SQ. FT.

BOUNDARY

POINT OF BEGINNING

POINT OF COMMENCEMENT

SQUARE FEET
GENERAL NOTES:

1. THE BUILDABLE FOOTPRINT WITHIN THE COMMERCIAL USE
AREAS A, B & C SHALL NOT EXCEED 5, 700 SQUARE FEET

2. 7HE BUILDABLE FOOTPRINT WTTH/ N THE COMMERCIAL USE
AREA 0 SHALL NOT EXCEED 2, 900 SQUARE FEET.

RAILROAD AVENUE
640. 0' 7' 43"
L=37. 1

CULTURAL FACILITY

USE AREA
0 60 120
1 inch = 60 ft.

P. O. B.

N69° 30" 00E/
0 N
R=118. 00'
4 = 4858' 1"
L=100. 9
4818' BEAR MAROON, LP
cp 2003- 450990

COMMERCIAL

USE AREAS

A, B, & C
8, 441± SQ. FT
esi ( NOTE 1)
N69° 30' 00" E
R=73. 00'
4=37° 51' 10"
L=48. 2

PARK AREA
110. 00'
N67° 5157" E11. 02'
R=12. 00'
4=2472' 39"
L=5. 1
N22° 08 03" W 3.0'
R=74. 00'
R=15. 00'
4=6179' 18"
d=3917256"
L=59. 6
L=10. 2
R=20. 70'
d=87% 3' 27"
L=31. 5

COMMERCIAL

USE AREA D
4, 9821 SO. FT.

NOTE 2)

60.9 N2655' 40" W

4. 50'
P. O. C.

BLDG
SITED
n
380WY3/ I17
N67° 5157" E28. 57'
N675157" E12. 22'
P. O. B.

N20° 3' 00" W2. 74'
N69° 30' 00" E4. 08'
0 s
0 0
N63° 0420" E

21.1'
SHEET 10 OF 10

EXHIBIT D

PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR

COMMERCIAL USE AREAS

CITY OF LIVERMORE, ALAMEDA COUNTY, CALIFORNIA
i.1
l

RUGGERI- JENSEN- AZAR
ENGINEERS • PLANNERS • SURVEYORS
4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588
PHONE: ( 925) 227- 9100 FAX: ( 925) 227- 9300
SCALE: DATE:
1' = 60' MAY 5, 2022
JOB NO.:
211010- 015
c1RA92L121( 2I) Oo- 01s1SURIE1' 1CAOALESIMATS\ CCIMMEROAL USE AREAS 011C 5/ 2022 I1: 5R51 AM JESSE MA

EXHIBIT A
460

EXHIBIT A
461

EXHIBIT A
462
Black Smith Square Fee Estimate Summary - With Credits by Bldg SF* Future Future Future Retail A, B, C, D
Retail B/Bldg 3 Retail C/Bldg 4 Retail D/bldg 5 Subtotal 1 City Storm Drainage Fee (1)
2 City Storm Drainage Fee Credit (1)
3 County Storm Drainage Fee (1)
4 County Storm Drainage Fee Credit (1)
5 Sanitary Sewer Connection Fees $15,676.69 $10,202.36 $30,462.21 $686,898.73 6 Sanitary Sewer Fee Credit - Mixed Use $4,906.80 $3,193.34 $9,534.67 7 Park Facilty Fee $11,348.64 $7,385.67 $22,052.14 $40,786.45 8 Park Facilty Fee Credit - Commercial $9,657.88 $11,401.18 $18,610.40 $39,669.46 9 City Water Connection Fee - N/A Calwater $0.00 $0.00 $0.00 10 ACWFC Zone 7 Connection Fee - 1" Domestic $79,775.00 $79,775.00 $79,775.00 $239,325.00 11 ACWFC Zone 7 Connection Fee - 3/4" Domestic
12 ACWFC Zone 7 Connection Fee - 3" Domestic (2)
13 ACWFC Zone 7 Connection Fee - 1" Irigation $79,775.00 $79,775.00 $79,775.00 $239,325.00 14 ACWFC Zone 7 Connection Fee - 1.5" Irrigation
15 ACWFC Zone 7 Connection Fee - 5/8" Fee Credits $21,273.33 $21,273.33 $21,273.33 $63,820.00 16 ACWFC Zone 7 Connection Fee - 2" Fee Credits $42,546.67 $42,546.67 $42,546.67 $127,640.00 17 Low Income Housing Impact Fee $8,498.98 $5,531.12 $16,514.82 $30,544.92 18 Low Income Housing Impact Credit - Retail $8,498.98 $5,531.12 $16,514.82 $30,544.92 19 Traffic Impact Fee $52,118.75 $33,918.78 $101,274.71 $187,312.23 20 Traffic Impact Fee Credit - Commercial $52,118.75 $33,918.78 $101,274.71 $187,312.23 21 Tri-Valley Transportation Development Fee $13,355.54 $8,691.76 $25,951.86 $47,999.16 22 Tri-Valley Transportation Fee Credit $4,239.69 $5,004.98 $8,169.73 $17,414.39 23 Social / Human Services Facility Fee $17.86 $11.62 $34.70 $64.17 24 Social / Human Services Facility Credit $5.67 $6.69 $10.92 $23.28 25 City Wide General Plan Recovery Cost $1,392.69 $906.36 $2,706.21 $5,005.26 26 City Wide General Plan Recovery Credit - Speedy Lube $501.93 $376.74 $1,129.44 $2,008.11 27 Encroachment Permit Fee
28 Encroachment Permit Inspection Fee
29 School Mitigation Fees $2,228.30 $1,450.18 $4,329.94 $8,008.42 30 School Mitigation Fee Credit - Retail $707.37 $835.05 $1,363.08 $2,905.50 31 Engineering Plan Check Fees
32 Downtown specific plan cost recovery $1,107.01 $720.44 $2,151.09 $3,978.54 33 Downtown specific plan Credit $351.42 $414.85 $677.17 $1,443.44 34 Downtown revitalization fee $76,205.14 $49,594.16 $148,078.26 $273,877.56 35 Downtown revitalization credit $0.00 $0.00 $0.00
36 Art in Public Places
Fee Estimate Subtotal $341,499.59 $277,962.45 $513,105.93 $1,132,567.97 Previous Development Credit $144,808.48 $124,502.73 $221,104.94 (490,416.15) $ Restroom Construction Credit $ (272,465.00)
Total Fee Estimate $369,686.81
Parking In Lieu Estimate $ 952,740.00
Parking In Lieu Credits $ (362,948.64)
Total Parking In Lieu Fees $ 589,791.36
* Actual fees paid will be based on total building square footage and related construction details. Fees charged will be based on the cost of the fees at the time the fee is paid. 1 City & County Storm Drainage fees. No Fees or credits required because new impervious surface is less than existing impervious surface.

EXHIBIT A
463
RECORDING REQUESTED BY:

Order No.

Escrow No.

Loan No.

WHEN RECORDED MAIL TO:

City Clerk
City of Livermore
1052 South Livermore Avenue
Livermore, CA 94550 ABOVE THIS LINE FOR RECORDER’S USE
_____________________________________________________________________________________________________ MAIL TAX STATEMENTS TO: The Undersigned grantor(s) declare(s):

CITY TRANSFER TAX $ Government Agency
DOCUMENTARY TRANSFER TAX $ Acquiring Title
SURVEY MONUMENT FEE $ Tax Code §§ 11922
SAME AS ABOVE Computed on the consideration or value or property conveyed; OR Computed on the consideration or value less liens or encumbrances remaining at time of sale.
____________________________________________________________________________________________________________________________________ APN # 098-0289-026 & 098-0289-027 Exempt from filing fees per Government Code Section §§ 27383 & 6103

GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Livermore, A Municipal Corporation (“Grantor”) hereby Grant(s) in fee to
Red Bear Management, Inc. (“Grantee”)
the real property in the City of Livermore
County of Alameda, State of California, as described with the following restrictions:

POWER OF TERMINATION (Civil Code section 885.010)
In the event that Red Bear Property Management, Inc., or its successors or assigns, (Grantee) fails to commence construction of the improvements as set forth and defined in section 10.4 of the disposition and development agreement between the City and Red Bear Property Management, Inc. for the transfer of the property herein described, then the property herein described shall revert to the City of Livermore, or its successors or assigns, free and clear of any claims of Red Bear Property Management, Inc., or its successors or assigns.

PUBLIC RESTROOM
Grantee does hereby grant to the City of Livermore (Grantor), upon development of the property a public restroom facility on the Property that is open and available to the public between 10:00 a.m. and dusk, every day of the week. The deed restrictions shall provide that the Grantee or its successor shall be responsible, at its own cost and expense, for all aspects of constructing, owning, operating, maintaining and replacing the public restroom.

FOR PLAT MAP AND LEGAL DESCRIPTION
SEE EXHIBIT “D” ATTACHED HERETO AND MADE A PART HEREOF
[SIGNATURES ON THE FOLLOWING PAGE]

EXHIBIT A
464
GRANTOR: GRANTEE:

City of Livermore, a municipal corporation Red Bear Management, Inc. __________________________________ ________________________________ Signature: By:

Name: Its:

Title:

Approved as to Form and Text:
_________________________________
By:

Its:

EXHIBIT A
465

ACKNOWLEDGMENT

State of California )
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

EXHIBIT A
466

INSURANCE REQUIREMENTS

1. General
Developer is required to procure and provide proof of insurance coverage required by these Insurance Requirements in the form of certificates and endorsements. The required insurance must cover the activities of the Developer, its Contractor and Subcontractors relating to or arising from the project described in the agreement to which these requirements are attached (“Project”), and must remain in full force and effect at all times during the period covered by the Agreement until the date of Acceptance. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better, and be approved by the City Attorney and City’s Risk Manager before the Agreement is awarded. (Any waiver may only apply under written waiver from the Risk Manager.)

2. Required policies and limits.

The following insurance policies and limits are required for this Contract:

2.1. General.

Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits must be available to the additional insured.

Furthermore, the requirements for coverage and limits must be (1) the minimum coverage and limits specified in the Contract Documents; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater.

2.2. Limits.

The limits of required insurance may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance must contain or be endorsed to contain a provision that the coverage will also apply on a primary and noncontributory basis for the benefit of the City before the City’s own insurance or selfinsurance may be called upon to protect it as a named insured.

3. Minimum Scope of Insurance.

Coverage must be at least as broad as the following:

3.1. Insurance Services Office Commercial General Liability coverage: (a) Blanket contractual liability; (b) Broad form property coverage; and (c) Personal injury;

3.2. Insurance Services Office form covering Automobile Liability, code 1 (any auto);

3.3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance. A waiver of subrogation is required for Workers’

EXHIBIT A
467
Compensation insurance; and

3.4. Other. Any other insurance coverages and limits required in the Contract Documents.

4. Minimum Limits of Insurance.

Contractor must maintain limits no less than:

4.1. General Liability: $5,000,000 per occurrence for bodily injury, personal injury and property damage and a $10,000,000 aggregate. If Commercial General Liability insurance or other form with a general aggregate liability is used, either the general aggregate limit must apply separately to this Project or must be designated as project specific, or the general aggregate limit must be twice the required occurrence limit.

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

4.3. Workers’ Compensation/Employer’s Liability: In conformance with California state requirements including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation.

4.4. Builder’s Risk Insurance: The Builder’s Risk Insurance policy must be issued on occurrence basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of the City. This insurance must protect the Contractor and the City against risks of damage to buildings, structures, and materials and equipment. Builder's Risk insurance must name the City as loss payee. The policy must contain a provision that in the event of payment for any loss under the coverage provided, the insurance company will have no rights of recovery against the Contractor and the City. The Builder's Risk policy must insure against all risks of direct physical loss or damage to property from any external cause. Allowable exclusions, if any, must be as specified in the Special Conditions and approved by the City’s Risk Manager.

4.5. Completed Operations: Contractor shall maintain insurance as required by this contract for a minimum of five years following the completion of this Project. In the event the Contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City of Livermore at its sole discretion may purchase the coverage required and the cost will be paid by the Contractor. Completed Operations endorsement or coverage shall be at least as broad as Insurance Services Office CG 20 37. Contractor shall require and verify that all subcontractors or other parties hired for this Agreement purchase and maintain coverage for indemnity and insurance requirements at least as broad as specified in this Agreement to the extent they apply to the scope of the subcontractor’s work with the same Certificate of Insurance requirements and naming as additional insureds all parties to this Agreement. Contractor shall include the following language in their agreements with Subcontractors: “Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the Agreement. Subcontractor further agrees to include the same

EXHIBIT A
468
requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any sub-subcontractor to the extent they apply to the scope of the subcontractor’s work. A copy of the City Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request.” Contractor shall provide proof of such compliance and verification to the City upon request.

5. Deductibles and Self-Insured Retentions

5.1. City Approval. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses.

5.2. Self-Insured Retention. 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.

5.3. Copies. The City reserves the right to obtain a full certified copy of any insurance policy and endorsement. Failure to exercise this right shall not constitute a waiver of right to exercise later.

6. Other Insurance Provision Requirements.

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

6.1. The City, its officers, officials, employees, agents and designated volunteers are to be covered as additional insureds as respects alleged liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers.

6.2. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or designated volunteers.

6.3. Contractor must furnish properly executed Certificates of Insurance from insurance companies acceptable to the City and signed copies of the specified endorsements for each policy before beginning Work under the Contract. That documentation must clearly evidence all coverages required above including specific evidence of separate endorsements naming the City and must provide that such insurance shall not be materially changed, terminated or allowed to expire in accordance with policy provisions by written notice and certified mail, return receipt requested, has been filed with the Risk Manager. Contractor shall replace such certificates for policies expiring before completion of Work.

EXHIBIT A
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7. Acceptability of Insurers.

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

VII.

8. Cross-Liability.

The Liability policy shall include a cross-liability or severability of interest endorsement.

9. Failure to Maintain Insurance Coverage.

If Contractor, for any reason, fails to maintain the required insurance coverage, it shall be deemed a material breach of contract. The City, at its sole option, may terminate this agreement and obtain damages from the Contractor resulting from the breach.

Alternatively, the City may purchase the required insurance coverage, and without further notice to Contractor, the City may deduct from sums due to Contractor any premium costs advanced by the City for the insurance.

10. Primary and Non-Contributory.

For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and designated volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or designated volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

The additional insured coverage under the Contractor’s policy shall be “primary and noncontributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13.

11. Subcontractors.

Contractor must require that every level of Subcontractor and every entity performing Work on the Project to be contractually bound to meet all of the requirements of the Contract Documents to the same extent as the Contractor, to the extent the requirements apply to such Work. Contractor shall require that every level of Subcontractor and every entity performing Work on the Project contractually provide the Contractor and City the right to enforce all applicable requirements of the Contract Documents, including all indemnity and insurance requirements. Contractor must require all Subcontractors and entities performing Project Work to provide valid certificates of insurance and required endorsements before beginning any Work and proof of such compliance to the City if requested.

12. Subrogation Waiver.

Contractor waives subrogation rights against City regardless of the applicability of any insurance proceeds, must require all Subcontractors, every entity performing Project Work, or others involved in any way with the Work to do likewise.

EXHIBIT A
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13. Verification of Coverage.

Contractor must furnish the City with original endorsements effecting coverage required by the Contract Documents. The endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf.

END OF DOCUMENT

EXHIBIT A
471
10/04/2018

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Livermore
1052 South Livermore Avenue
Livermore, CA 94550
Attn: Director Community and Economic Development
No fee for recording pursuant
to Government Code Section 27383
________________________________________________________________________

MEMORANDUM OF AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT

AGREEMENT

THIS MEMORANDUM OF AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT (the "Memo of DDA") is made as of October __, 2022, by and between the City of Livermore, a municipal corporation (the “City”) and Red Bear Property Management, Inc., a California corporation ("Developer") to confirm that the City and the Developer are parties to that certain Amended and Restated Disposition and Development Agreement dated as of October __, 2022, as may be amended from time to time (the "DDA").

The DDA concerns the sale of real property in Livermore, California, which real property is described in the attached Exhibit D and the development of approximately 15,000 square feet of commercial buildings. The DDA is a public document and may be reviewed at the in the office of the City Clerk of the City of Livermore. In the event, and to the extent, that any of the terms or provisions of this Memo of DDA are inconsistent with the terms or provisions of the DDA, the terms and provisions of the DDA shall govern and prevail.

IN WITNESS WHEREOF, the City and Developer have executed this Agreement by duly authorized representatives, all on the date first written above.

Date:

City:

By:

Its:

APPROVED AS TO FORM
By:

DEVELOPER:

Name: __________________
Title: ___________________

EXHIBIT A
472

EXHIBIT A
473

EXHIBIT A
474
Commercial - DDA Schedule of Performance EXHIBIT I
Prior to Close of Escrow Due Date Status Who Reference Doc/ Section Preliminary Pro Forma 11/7/22 Developer DDA Section 2.1a Obtain Entitlements 11/7/22 Developer/City DDA Section 2.1b Determine Insurance Requirements per Activity 11/7/22 City DDA Section 2.1e Deposit Purchase Price into Escrow 11/7/22 Developer DDA Section 2.1f Right of Entry to Property for Developer 11/7/22 City DDA Section 2.3 PreConditions to Begin of Construction Project
Develop and Staff Approval of Concept Plans 8/20/22 Complete Developer/City DDA Section 4.5 City Approval of Entitlement Plans 10/31/22 City DDA Section 5.1 Submit Construction and Building Permit Plans 12/5/22 Developer/City City Fees Paid 2/6/23 Developer DDA Section 5.2
Obtain Reciprocal Access Easement 2/6/23 Developer DDA Section 5.3 Deed restriction on 39 S. Livermore Ave. for public parking 2/6/23 Developer DDA Section 2.1g Deed Restriction for Public Restroom 2/6/23 Developer DDA Section 2.1h Obtain Building Permit 2/6/23 Developer DDA Section 5.4 Existing Temporary Parking Lot vacated 1/27/23 City
Construction of Project
Begin Construction 3/1/23 Developer
Complete Construction 3/1/24 Developer
Due Dates assume CC Approval of DDA on October 10, 2022. If CC approval is delayed the due dates should be extended on a day for day basis.

EXHIBIT A
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EXHIBIT “J”

SCOPE OF DEVELOPMENT
Red Bear Property Management, Inc.(Red Bear) will maximize land use of the property consistent with the Downtown Specific Plan and the goals articulated by the City Council upon its selection of Red Bear to negotiate for the Disposition and Development Agreement. Red Bear will construct the development of the property consistent with any City entitlements and requirements for the project.

The project will consist of approximately 12,850 square feet of new commercial uses on approximately 24,790 square feet of the property. The project will utilize architecture and design elements compatible with Blacksmith Square. Building walls adjacent to Stockmen’s Park will be oriented towards the park so that tenant spaces actively interface with Stockmen’s Park.

The project will include its own trash enclosure and collection facilities. At such time as the L Street Parking Garage Compactor Facility becomes available for business use, the project may utilize these facilities, subject to standard City fees and requirements for use, which are applicable to all businesses users.

Red Bear will also construct public improvements related to the improvements consisting of: frontage improvements, public art, and public access to Stockmen’s Park to and from Railroad Avenue and S. Livermore Avenue.

EXHIBIT A
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101022draft 1
THIS LICENSE AGREEMENT (the “Agreement”) is made as of ____________, (“Effective Date” by and between the City of Livermore, a municipal corporation (“Licensee”), and Red Bear Property Management, Inc., a California corporation (“Licensor”); (Licensor and Licensee shall sometimes hereinafter be referred to individually as a “Party” and together as the “Parties”) with reference to the following facts, purposes, and understandings

R E C I T A L S
A. Licensor is the legal and rightful owner of a certain parcel of real property defined in Recital I of the Amended and Restated Disposition Agreement to which this Exhibit K is attached (“Property”);
B. Licensee, in cooperation with the San Francisco Bay Regional Water Quality Control Board ("RWQCB"), now desires to enter the Property to perform and continue to perform environmental investigation, mitigation and/or remediation (including any system operation/maintenance) at, on, about, beneath, emanating from and/or entering the Property (the "Work"), with eventual site closure by the RWQCB;
C. The Parties desire to enter into this Agreement so that the soil, soil vapor, indoor and/or groundwater can be assessed, investigated, remediated and/or mitigated pursuant to environmental laws and regulations;
NOW THEREFORE, in consideration of the granting of the foregoing, the mutual premises, covenants, conditions and agreements hereinafter set forth, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the Parties hereby agree as follows:

1. Grant of License - Licensor hereby grants to Licensee, and its employees, representatives and/or contractors a limited, revocable (by Licensor), non-exclusive license (the “License”) to enter upon the Property from time to time to conduct the activities described in Recitals Paragraph B and C above and shall not access the Property for any purpose other than the Work, with the further understanding that the Work shall be performed at Licensee’s sole cost and expense.

Further, Licensor shall cause any tenants or lessees of the Property, not a party hereto, to provide Licensee, including its consultant(s), and/or contractor(s), same License. This License shall commence on___________ (Effective Date) and shall end on _____________ unless the Parties agree in writing to extend the term of the License. If Licensee is required by a government agency to maintain and/or operate a well, soil vapor extraction system, vapor management system or other equipment on the Property beyond the term of this License, then the License shall, on notice of such requirement to Licensor, be extended for ________________. At no time shall anyone from Licensee conduct any of the Work without giving at least five (5) business days’ prior notice to Licensor, who is identified in Section 8. Licensor shall not be listed as the owner or responsible for any waste generated or otherwise associated with sampling or any other aspect of the Work.

Licensee agrees to lawfully handle, manage, transport, and dispose of any soil, debris or water generated as a result of the Work and to do so in compliance with all applicable laws. In particular, to the extent possible or permitted by law or regulation, all manifests for contaminated soil and/or contaminated groundwater removed from the Property will not identify Licensor as the generator

EXHIBIT A
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101022draft 2
and Licensee (or its agents) shall be identified as the sole generator, shall be responsible for obtaining any necessary EPA generator identification number, and shall dispose of any such contamination at an appropriately licensed disposal facility. Licensor will be provided with copies of all reports related to the Work. This Agreement is not a grant of easement or any other interest in the Property. In no event will either Party record this Agreement on the title of the Property.

Prior to the expiration of the License, Licensee shall, at no cost or expense to Licensor, (a) cause any excavations to be returned to the original gradient, (b) remove all equipment placed on the Property, (c) fill and level all ditches, ruts and depressions, if any, caused by the closure of the Licensee's excavation operations on the Property, properly close all wells and/or remedial and mitigation systems (as appropriate); properly repair any damage to the Property, including buildings, systems, and other improvements on the Property, and (d) remove all debris resulting therefrom. Licensee's obligations hereunder shall survive the termination, cancellation or expiration of this License Agreement.

2. Compliance with Laws - Licensee shall conduct all operations which are the subject of this License in compliance with all federal, state, and municipal statutes and ordinances, and with all regulations, orders, and directives of appropriate governmental agencies, as such statutes, ordinances, regulations, orders and directives now exist or provide.

3. Permits - Licensee, at no cost or expense to Licensor, shall be responsible for obtaining any and all governmental permits and approvals which may be necessary for it to conduct all Work under this Agreement. Licensor shall coordinate and cooperate with Licensee in Licensee's activities to obtain all necessary government permits and permissions.

4. Liens and Claims - Licensee will not permit any mechanics’, materialmen’s, or similar liens or claims to stand against the Property for labor or material furnished in connection with any work performed by Licensee under this Agreement. Upon reasonable and timely notice of any such lien or claim delivered to Licensee by Licensor, Licensee may bond and contest the validity and the amount of such lien, but Licensee will immediately pay any judgment rendered, will pay all proper costs and charges, and will have the lien or claim released at its sole expense. Licensee shall indemnify Licensor and hold Licensor harmless against and defend Licensor in any proceeding related to any mechanic's lien, stop notice or other claim brought by a subcontractor, laborer or material supplier who alleges having supplied labor or materials in the course of the Licensee conducting the Work or any other activity associated with the Work on or related to the Property.

5. Cooperation and Insurance - Licensee agrees to coordinate its activities with Licensor to minimize any impairment of access by customers or business invitees of Licensor or Licensor’s tenants’ to the Property and any inconvenience to or disruption of Licensor’s or Licensor’s tenants’ business on the Property. Licensee or its agent(s) shall maintain combined liability and property damage insurance coverage in the amount of $1,000,000 per occurrence, $2,000,000 aggregate.

Licensor shall be named as additional insured on the aforementioned policy with the express understanding that, with respect to any claim, Licensee and its agent(s) insurance is primary and Licensor’s insurance is secondary. Prior to entering onto the Property for the commencement of Work under this Agreement, Licensee or its agent(s) shall provide Licensor with a valid certificate of insurance and endorsement evidencing such coverage and that Licensor is named as additional

EXHIBIT A
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101022draft 3
insured. Licensee, or its agents, shall maintain Worker's Compensation Insurance in the statutorily required amount relating to the Work.

6. Indemnity - Licensee agrees that it will indemnify and hold Licensor harmless from and against any claims, demands, actions, suits, judgments, losses, damages, costs or expenses incurred as a result of personal injury, property damage, civil penalties or fines to the extent caused in whole or in part by the negligence, acts or omissions of Licensee or its authorized contractors and employees in conducting the Work. However, this indemnity and hold harmless obligation shall not apply to any such claims, demands, actions, suits, judgments, losses, damages, costs, or expenses to the extent caused by the gross negligence or willful misconduct of Licensor. This indemnity is expressly conditioned on the following:
(a) In the event Licensor shall identify any matter to which this indemnity may apply or receive a notice or claim from any third party of such matter, it shall immediately, and in every case within sixty (60) days of said notice or claim, notify Licensee in writing of such matter. (b) Licensor shall cooperate with Licensee by allowing Licensee, its agents, representatives, contractors and consultants prompt and ready access to the Property for the purpose of investigating any matter to which this indemnity may apply. Licensor shall provide Licensee with copies of all investigative reports, data, or other information in any form which Licensor, its consultants or attorneys may have pertaining to any such matter, upon request of Licensee.

7. Severability - In case any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.

8. Notices - Any notice provided for herein or otherwise required to be given hereunder shall be deemed received when personally served or three (3) days after mailing by certified or registered United States mail, return receipt requested, postage prepaid, or by facsimile machine, with transmission and receipt confirmed, or by nationally recognized overnight delivery service, addressed as follows:

To Licensor: Red Bear Property Management, Inc.
5955 Coronado Lane
Pleasanton, CA 94588
Attn: Mike Madden
To Licensee: City of Livermore
1052 S. Livermore Avenue
Livermore, California 94550
Attn: City Manager
The person and the place to which notices are to be mailed may be changed by either Party by providing written notice of same to the other.

EXHIBIT A
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101022draft 4

9. Assignment - This Agreement may not be assigned by any Party without the prior written consent of the non-assigning Party, which consent shall not be unreasonably withheld. However, after such assignment or transfer by Licensee, Licensee shall nevertheless not be released from any of the obligations and liabilities hereunder.

10. Change in Ownership - Licensor shall notify Licensee of any change in Property ownership within ten (10) business days of the close of Property’s escrow or the recordation of a deed indicating Licensor has transferred the Property to another person(s) or entity(ies) by providing Licensee at a minimum, the new Property owner’s name and contact information.

11. Governing Law - This Agreement shall be construed and interpreted and governed by and in accordance with the local law of the State of California without reference to any choice of law, rules, or policies which may refer the resolution of any dispute arising hereunder to the laws of any other jurisdiction.

12. Entire Agreement – Except as expressly provided herein to the contrary, this Agreement represents the full, complete and entire agreement between the Parties with respect to the subject matter hereof, and the rights and remedies of the Parties shall be solely and exclusively those herein contained, and in lieu of any remedies otherwise available at law or in equity. Nothing in this License is intended or shall be construed to modify or amend the Amended and Restated Disposition and Development Agreement (“ARDDA”) (to which agreement this Agreement is Exhibit K) dated _________ between the Parties or waive any rights or claims between or among the Parties that may exist relating to the condition of the Property or otherwise. In any conflict in terms between this Agreement and the ARDDA, the text of the ARDDA shall control (and not this Agreement), and, where there is no conflict, any provision herein is in addition to the provisions contained in the ARDDA.

13. Execution of Agreement - Each of the undersigned hereby represents and warrants that they are authorized to execute this Agreement on behalf of the respective Parties to the Agreement, and that this Agreement, when executed by those Parties, shall become a valid and binding obligation, enforceable in accordance with its terms. Upon execution, this Agreement shall be binding as to the Parties’ respective parent companies, subsidiaries, affiliates, successors, heirs and assigns.

14. Counterparts - This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, taken together, shall constitute one and the same Agreement. The Parties have executed this Agreement in two (2) duplicate originals on the dates set forth below.
[Signature Page Follows]

EXHIBIT A
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101022draft 5

LICENSOR

RED BEAR PROPERTY MANAGEMENT,
Inc., a California Corporation
By:

By:

Name:

Title:

Date:

LICENSEE
By:
__________________________
Its: City Manager

APPROVED AS TO FORM
By:

EXHIBIT A
481
CITY COUNCIL STAFF REPORT ITEM NO. 7.1
DATE: October 24, 2022
TO: Honorable Mayor and City Council
FROM: Christine Martin, Assistant City Manager
SUBJECT: Update on the FY 2021-23 City Council Goals and Priorities and Equity and Inclusion workplan.

RECOMMENDED ACTION
Staff recommends City Council receive an update on the FY 2021-23 Goals and Priorities and Equity and Inclusion workplan.

SUMMARY
On March 1, 2021, the City Council held a workshop to refine its goals and priorities for FY 2021-23 and provide direction regarding the development of a two-year work plan. The FY 2021-23 Goals and Priorities and work plan were approved by Council on May 10, 2021. This report presents the third update on the FY 2021-23 Goals and Priorities.

On July 26, 2021, the City Council received a final report on the work of the Equity and Inclusion Subcommittee and accepted the Subcommittee's recommendations. This report presents a status update on the implementation of those recommendations.

DISCUSSION
Goals and Priorities Update
On March 1, 2021, a Council Goals and Priorities Workshop was held to identify, discuss, and prioritize key issues that would be addressed over the coming two-year period (FY 2021-23). Based on direction received at the workshop, a report outlining Council goals and priorities, including a list of action items, is brought forward to Council for consideration as part of the two-year budget adoption process.

On May 10, 2021, Council recognized five core goals and priorities and accepted their associated work plans. The FY 2021-23 goals are listed below:

1. Asset Management and Stormwater. Establish a comprehensive Asset Management Program with 482
a focus on stormwater, ensuring the community continues to receive vital services through a sustainable infrastructure strategy.

2. Downtown. Enhance the City's vibrancy by completing critical projects downtown, ensuring the right balance of local amenities to support quality of life.

3. General Plan Update. Engage in a comprehensive General Plan Update, including the Housing Element and Programmatic EIR, to address changes in regional and state policy, market trends, and community preferences, to plan for growth and conservation for the next 25 years, and support and enhance Livermore quality of life

4. Homelessness and Affordable Housing. Establish a homelessness strategy, engaging local partners to develop a coordinated response, and expand diversity of affordable housing projects.

5. Modernization, Training, and Workplace Enhancements. Develop a systematic approach to modernizing the City's aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Attachment 1, FY 2021-23 City Council Priorities Report, is a detailed reporting of all recent accomplishments in each of the priority areas. Attachment 2 is a user-friendly, two-page executive summary of key accomplishments. The summary is shared on the city website and on the city's social media platforms.

This is the third and final update on this workplan. Early next year, in a public workshop, the City Council will review a new five-year strategic planning document that identifies all of the organization's services, categorized as goals and objectives, across five community priorities. At that workshop, staff will recommend which of the existing goals the City Council may wish to select as its priorities.

Equity and Inclusion Update
On July 26, 2021, the City Council received a final report on the work of the Equity and Inclusion Subcommittee and accepted the Subcommittee's recommendations. Attachment 3, Equity and Inclusion Workplan, summarizes recent accomplishments on the community-focused recommendations. While this is the last formal update Council will receive on this workplan, it is worth noting that not only will the work continue, but it will be enhanced by adding a focus on employees and businesses.

FISCAL AND ADMINISTRATIVE IMPACTS
There are no fiscal or administrative impacts associated with this update.

ATTACHMENTS

1. FY 2021-23 City Council Priorities Report

2. FY 2021-23 Priorities Executive Summary

3. Equity and Inclusion Workplan Update
483
Prepared by: Christine Martin
Assistant City Manager
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
484
FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – ASSET MANAGEMENT AND STORMWATER: Establish and maintain comprehensive Asset Management and Stormwater Management Programs, ensuring the community continues to receive vital services through a sustainable infrastructure strategy.

Action Items

1. Asset Management Program:

Community Engagement Status Update Estimated Completion Lead A) Work with the Community Asset
Management (CAMP) Committee to
obtain input on proposed
management strategies,
prioritization options, and public
outreach efforts.

Six CAMP Outreach meetings held since May 2021
(two since the last update). Members provided input on
upcoming outreach tools including asset fact sheets
and stakeholder presentations.

Winter 2022-23 PW
B) Develop a public education and
engagement program to foster a
sense of ownership and shared
responsibility among residents,
businesses, and property owners
for the ongoing maintenance,
renewal, and replacement of
infrastructure.

Using the “Community Connections Campaign”, staff
and CAMP Outreach Committee members presented
Asset Management information to approximately 75
community members, including the Sons in Retirement,
Livermore Area Youth Advisory Committee, and other
groups.

Fall 2023 PW
C) Continue to partner with Zone 7,
City of Pleasanton, City of Dublin
and the Alameda County Resource
Conservation District in the Living
Arroyos Program and Adopt a
Creek Spot programs to engage the
public in creek restoration and trash
clean-up projects.

In June 2022 the City, in collaboration with Zone 7 and the cities of Dublin and Pleasanton, executed a new
task order for the Living Arroyos Program for FY 22/23
to FY 25/26. LARPD is no longer a partner in the
program. The Alameda County Resource Conservation
District has replaced LARPD as the implementing
agency for the program.

Ongoing CDD / PW
D) Complete annual reports to
maintain Federal Emergency
Management Agency Community
Rating System Class 6 rating so
property owners continue to receive
a 20% discount on flood insurance
through the National Flood
Insurance Program.

Annual Report completed in July 2022. Ongoing CDD
ATTACHMENT 1
1 of 60
485
FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – ASSET MANAGEMENT AND STORMWATER: Establish and maintain comprehensive Asset Management and Stormwater Management Programs, ensuring the community continues to receive vital services through a sustainable infrastructure strategy.

Action Items

2. Asset Management Program:

Asset Data Collection and Analysis Status Update Estimated Completion Lead
 A) Migrate asset data into NEXGEN,
the enterprise asset and workorder
management software, and develop
a user training program.

Developed workflow and business practices, migrated
asset data, and developed a training program for all
maintenance staff. Transitioned to NEXGEN new
software in September 2021. Completed in June 2022.

Completed PW
B) Collect real-time maintenance,
rehabilitation and replacement data
and continually update the work
management software and GIS
system. Continue to improve asset
data, identify missing data, and
develop plan for future data
collection efforts.

Application testing in progress prior to end of year
implementation.

On-going PW
C) Utilize risk-based criteria to
prioritize infrastructure repair and
replacement and refine
management strategy options.

Provide real-time tools for data
analysis to help with project and
budget decisions.

Analyzed asset management data from the existing
solar array behind City Hall to determine the most
financially responsible method to implement a future
solar project on the L Street garage.

Winter 2022-23 PW
 D) Develop a training program and
train staff to use NEXGEN Asset
Management software.

Completed PW
ATTACHMENT 1
2 of 60
486
FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – ASSET MANAGEMENT AND STORMWATER: Establish and maintain comprehensive Asset Management and Stormwater Management Programs, ensuring the community continues to receive vital services through a sustainable infrastructure strategy.

Action Items

3. Stormwater Management Status Update Estimated
Completion Lead
 A) Develop a comprehensive
Stormwater Management Program.

Completed PW
 B) Complete a condition assessment
to better understand the current
condition of the storm drain system
(inlets, pipes, manholes, etc.) and
the reliability of current asset
properties (pipe material, inlet
configuration, etc.).

Completed PW
C) Participate in inter-governmental
coordination and advocacy efforts
to address regional and localized
flood management practices and
projects.

The City continues to participate in Bay Area Flood
Protection Agency Association meetings to engage with
regional flood management and advocacy efforts.

Ongoing CDD / PW
D) Conduct a public education
campaign. Portions of this task will
be completed in conjunction with
Asset Management item 1B.

WRD staff have provided information to the CAMP
committee on the stormwater system at two meetings.

Spring 2023 PW
ATTACHMENT 1
3 of 60
487
FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – ASSET MANAGEMENT AND STORMWATER: Establish and maintain comprehensive Asset Management and Stormwater Management Programs, ensuring the community continues to receive vital services through a sustainable infrastructure strategy.

Action Items

3. Stormwater Management Status Update Estimated
Completion Lead
E) Stream Maintenance Program.

Utilize the Stream Maintenance
Program to repair storm damage
and maintain creeks, outfalls and
infrastructure in creeks.
 1. Complete annual notifications
(quantitative assessments
biological assessment, cultural
assessment, soil analysis,
description of work,
environmental impacts and
mitigation)
The 2022 Annual Notification has been submitted to
enable projects for Fall 2022.

Completed PW

2. Renew RWQCB Permit The City has requested an extension for the current permit and expects to renew the permit in 2023 with an
expansion to cover emergency projects.

Summer 2022 PW

3. Complete creation of creek
inspection tool and integrate into
existing workflows.

An initial creek inspection tool has been created and
beta-tested in the field. Staff and consultants are
working to integrate this tool with the new NexGen and
GIS systems.

Summer 2022 PW
 F) Present the costs and benefits of
completing a Habitat Conservation
Plan (HCP) grant application to the
City Council.

Completed CDD
 G) Identify missing stormwater asset
data and develop a plan for future
data collection efforts.

Completed PW / CDD
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – ASSET MANAGEMENT AND STORMWATER: Establish and maintain comprehensive Asset Management and Stormwater Management Programs, ensuring the community continues to receive vital services through a sustainable infrastructure strategy.

Action Items

3. Stormwater Management Status Update Estimated
Completion Lead
 H) Update the City’s Stormwater
Master Plan.

Completed PW
 I) Complete mid-term update of the
Tri-Valley Hazard Mitigation Plan.

Completed CDD

4. Fiscal Sustainability Status Update Estimated
Completion Lead
A) Create an Asset Management Fund
to meet the program’s financial
needs for future asset rehabilitation,
replacement, and/or divestment.

The Infrastructure Repair and Replacement Reserve
fund is currently at $10 million.

Spring 2023 ASD / PW
B) Complete a cost of service study
using the outcome of the storm
drain condition assessment project
(3B) and existing information on
stream management.

Spring 2023 PW
C) Develop a proposed Municipal
Code amendment to increase the
Urban Runoff Fee.

Summer 2023 PW / CAO
D) Explore new revenue sources for
asset management and stormwater
management such as grants, tax
measures, etc.

Completed a public opinion research poll to gauge
support for a potential new sales tax for infrastructure.

On February 28, 2022, Council received the results and
directed staff not to proceed with a revenue measure.

Summer 2023 PW
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – DOWNTOWN: Enhance the City’s vibrancy by completing critical projects downtown, ensuring the right balance of local amenities to support quality of life.

Action Items

1. Hotel and Public Infrastructure Status Update Estimated Completion Lead
 A) Work with Presidio to bring an
updated Development Agreement to
City Council for review, including
updated parking information and a
revised schedule of performance
The DDLA was approved by the City Council on
January 10, 2022.

Completed CDD
 B) Council review and approval of
updated entitlements for Downtown
hotel
City Council approved the updated entitlements on
June 13, 2022.

Completed CDD
C) Hotel and Public Infrastructure
begins construction
Spring 2024 CDD
D) Hotel opens for business Summer 2025 CDD

2. Parking and Circulation Status Update Estimated
Completion Lead
A) I-Street Garage
 1. Begin construction Completed CDD
 2. Complete construction Completed CDD
B) L Street Garage
 1. Complete design Completed CDD

2. Start construction Winter 2022-23 CDD

3. Complete construction Summer 2024 CDD
ATTACHMENT 1
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – DOWNTOWN: Enhance the City’s vibrancy by completing critical projects downtown, ensuring the right balance of local amenities to support quality of life.

Action Items

2. Parking and Circulation Status Update Estimated
Completion Lead
C) K Street Extension and Walkway Temporary paving will be completed as part of the Eden Housing Project. Final stamped concrete and
walkway amenities will be constructed after the Science Center and Black Box Theater are completed.

1. Start construction Summer 2024 CDD

2. Complete construction Summer 2025 CDD

3. Downtown Core Implementation Status Update Estimated Completion Lead
A) Veterans Park
 1. Conduct Veterans Park design
public outreach
Stakeholder engagement conducted in mid-September
2021.

Completed CDD

2. City Council review and
approval of Veterans Park
design
Spring 2023 CDD

3. Start construction Summer 2024 CDD

4. Complete construction Summer 2025 CDD
B) Commercial Uses

1. Review and approval of
entitlement plans for Madden
commercial buildings
Entitlements will be approved at staff level by October 24, 2022.

Fall 2022 CDD

2. Start construction of commercial
buildings
Spring 2023 CDD

3. Open for business Spring 2024 CDD
ATTACHMENT 1
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – DOWNTOWN: Enhance the City’s vibrancy by completing critical projects downtown, ensuring the right balance of local amenities to support quality of life.

Action Items

3. Downtown Core Implementation Status Update Estimated Completion Lead
C) Black Box Theater
DDA approved by the City Council on May 23, 2022.



1. City Council consideration of
Development and Disposition
Agreement

2. Transfer property to SPARC for
the Black Box Theater
Escrow closed and the property transferred on
September 9, 2022
Completed
Completed

CDD/CMO
CDD
D) Quest Science and Society Center
 1. Review and approval of Quest
interim educational demonstration
area
In summer 2021, staff approved a License Agreement
with Quest Science Center to operate the interim
educational demonstration area. The interim
educational demonstration area was constructed and
opened for events in August 2021.

Completed CDD/CMO

E) Trash Enclosure in surface parking
lot behind the First Street Alehouse

1. Complete design

2. Complete construction
Final design was completed in coordination with the
adjacent businesses and Livermore Sanitation.

Completed
Winter 2022-23
CDD
ATTACHMENT 1
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – DOWNTOWN: Enhance the City’s vibrancy by completing critical projects downtown, ensuring the right balance of local amenities to support quality of life.

Action Items

3. Downtown Core Implementation Status Update Estimated Completion Lead

F) Electric vehicle chargers in surface
parking lot behind First Street
Alehouse

1. Finalize lease agreement

2. Complete construction
On September 12, 2022, Council approved an
agreement with East Bay Community Energy.

Completed
Summer 2023
CDD
G) Eden Housing Project
 1. Entitlement review On May 25, 2021, the City Council adopted Resolutions approving the project.

Completed CDD

2. Start construction Delayed pending litigation. Fall 2023 CDD

3. Complete construction Fall 2024 CDD

4. Additional Downtown Enhancements Status Update Estimated Completion Lead
 A) Enhanced lighting to eliminate dark
spots and to improve safety in the
Downtown Core
Lightning Project was accepted by the City Council on
July 26, 2021. Additional lighting enhancements will be made with various downtown CIP projects such as the
L Street Garage.

Completed CDD
B) First Street Streetscape (Legacy
Project) completion
South side streetscape improvements nearing
completion in Fall 2022. North side streetscape
improvements expected to be completed in early 2023.

Winter 2022-23 CDD
ATTACHMENT 1
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – DOWNTOWN: Enhance the City’s vibrancy by completing critical projects downtown, ensuring the right balance of local amenities to support quality of life.

Action Items

4. Additional Downtown Enhancements Status Update Estimated Completion Lead
C) Paseos

1. Acquire and extend eastern
paseo
Property owner does not want to sell eastern paseo.

City will continue to lease and extend the paseo.

Spring 2024 CDD

2. Construct western paseo Spring 2024 CDD

5. Livermorium Plaza Status Update Estimated
Completion Lead



1. Start construction

2. Complete construction Construction is completed and the plaza is open for use.

Completed
Completed
CDD
ATTACHMENT 1
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – General Plan Update: Comprehensively update the Livermore General Plan, including Housing Element and Programmatic EIR, to address changes in regional and state policy, market trends, and community preferences, to plan for growth and conservation for the next 25 years, and support and enhance Livermore quality of life.

Action Items

1. Project Team Formation Status Update Estimated
Completion Lead
 A) Prepare project scope and budget and
enter into a contract with PlaceWorks.

On June 28, 2021, the City Council adopted a
Resolution approving a Professional Services
Agreement with PlaceWorks to update the Livermore
General Plan and Housing Element and authorizing
the formation of a Citizens Advisory Committee.

Completed CDD

2. Steering / Advisory Committee Status Update Estimated Completion Lead
 A) Seek Council authorization to form a
Citizens’ Advisory Committee and
present recommendations for
selection criteria, bylaws, and rules of
procedure.

On July 26, 2021, the City Council adopted a
Resolution establishing the General Plan Advisory
Committee Rules of Procedure. On September 13,
Council approved the Committee selection process.

Committee interviews and selection occurred on
September 28, 30, and October 7.

Completed CDD
B) Educate the Advisory Committee on
rules of procedure, planning concepts,
general plan law and required
elements, and technical information
and obtain Committee feedback on
various plan components alternatives,
and policies.

Staff and PlaceWorks have facilitated thirteen
General Plan Advisory Committee meetings. Topics
included: overview of the General Plan and update
process, key learnings on Housing Element and
housing law, the land use alternatives process and
land use types, population and economic trends,
infrastructure & public services, and sustainability.

Committee has provided feedback on vision
statement, community engagement, and land use
focus areas.

Winter 2023-24 CDD
ATTACHMENT 1
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – General Plan Update: Comprehensively update the Livermore General Plan, including Housing Element and Programmatic EIR, to address changes in regional and state policy, market trends, and community preferences, to plan for growth and conservation for the next 25 years, and support and enhance Livermore quality of life.

Action Items

3. Existing Conditions Analysis Status Update Estimated Completion Lead
 A) Evaluate existing policies and planning
documents, current laws and
regulations, land use patterns.

Throughout the Fall 2021, staff and PlaceWorks
conducted a multi-disciplinary review of planning
documents, federal, state, regional and local
regulations and evaluated economic and
development trends
Completed CDD
B) General Plan and EIR Topics
 1. Prepare an existing condition report
on all General Plan and EIR topics.

The reports are posted on the project website. Completed CDD

2. Prepare white papers to serve as a
foundation for a range of
alternatives the Council, Planning
Commission, Advisory Committee,
and the community could consider
to address key issues and future
trends.

Summer 2023 CDD
C) Present existing conditions report and
white paper topics to Advisory
Committee, Planning Commission,
and City Council for direction and
feedback.

Spring 2023 CDD
ATTACHMENT 1
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – General Plan Update: Comprehensively update the Livermore General Plan, including Housing Element and Programmatic EIR, to address changes in regional and state policy, market trends, and community preferences, to plan for growth and conservation for the next 25 years, and support and enhance Livermore quality of life.

Action Items

4. Community Engagement Status Update Estimated
Completion Lead

A) Develop a Community Participation
Plan to identify outreach and
engagement channels and strategies,
stakeholder and focus groups, pop-up
events, workshops, and open houses.

The Plan will outline a schedule for
various engagement events and
activities at key milestones in the
planning process.

In November 2021, staff and PlaceWorks posted the
Equity and Inclusion Plan on the website, which is
the strategy for engaging with the community
throughout the General Plan Update.

Completed CDD
 B) Develop and manage a project
website and a variety of
online engagement tools.

The website is live and staff and PlaceWorks are
developing online engagement tools, including
videos, and posting relevant documentation.

Ongoing CDD
C) Prepare outreach materials (e.g.,
flyers, posters, press releases,
newsletters, FAQs, social media
posts, e-blasts, videos, Downtown
kiosk display).

Staff and PlaceWorks continue to produce outreach
materials, videos, posters, press releases, etc. New
material will be produced on an ongoing basis.

Ongoing CDD
 D) Conduct visioning workshops with
community and focus groups.

The first Visioning workshop (virtual) took place on
September 23, 2021. Staff and PlaceWorks engaged
the community at Farmers Markets, Marilyn Avenue
Food Pantry, and other venues. On March 14, 2022,
Council adopted the vision statement.

Completed CDD
ATTACHMENT 1
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – General Plan Update: Comprehensively update the Livermore General Plan, including Housing Element and Programmatic EIR, to address changes in regional and state policy, market trends, and community preferences, to plan for growth and conservation for the next 25 years, and support and enhance Livermore quality of life.

Action Items

5. Alternatives Development and Evaluation Status Update Estimated Completion Lead
A) Focus Areas and Infill Sites
 1. Identify potential focus areas and
infill sites (that also correspond to
Housing Element site inventory);
and confirm focus areas with
Advisory Committee and
community.

Staff and PlaceWorks have presented land use
concepts, land use types, and the land use
alternatives process to the Advisory Committee
which provided feedback. Staff and PlaceWorks also
presented to the Planning Commission for review
and City Council for direction.

Completed CDD

2. Within each focus area/infill site,
develop alternatives and evaluate
each alternative’s performance.

Winter 2022-23 CDD
B) Land use and circulation alternatives

1. Develop a series of land use and
circulation alternatives for General
Plan Area and Focus Areas
(including Housing Element
inventory sites) based on visioning,
goals setting, community input,
Committee comments, and Council
direction.

Spring 2023 CDD

2. Present to the community and
facilitate Advisory Committee
meetings to review draft
alternatives.

Spring 2023 CDD

3. Present Committee and community
feedback to Planning Commission.

Spring 2023 CDD
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – General Plan Update: Comprehensively update the Livermore General Plan, including Housing Element and Programmatic EIR, to address changes in regional and state policy, market trends, and community preferences, to plan for growth and conservation for the next 25 years, and support and enhance Livermore quality of life.

Action Items

5. Alternatives Development and Evaluation Status Update Estimated Completion Lead

4. Present to City Council. Spring 2023 CDD

5. Create a preferred alternative
based on Council direction and
community input.

Summer 2023 CDD

6. Policy Development and Evaluation Status Update Estimated Completion Lead
A) Evaluate existing policies and prepare
policy framework options to address
new state requirements and to achieve
the preferred alternative.

Winter 2022-23 CDD
B) Draft new goals, objectives, policies,
and actions needed to address
elements of the general plan and City
priorities.

Winter 2022-23 CDD
C) 1. Receive input from staff and the
Advisory Committee.

Summer 2023 CDD

2. Present draft policies to Planning
Commission.

Summer 2023 CDD

3. Present draft policies to City
Council.

Summer 2023 CDD
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – General Plan Update: Comprehensively update the Livermore General Plan, including Housing Element and Programmatic EIR, to address changes in regional and state policy, market trends, and community preferences, to plan for growth and conservation for the next 25 years, and support and enhance Livermore quality of life.

Action Items

7. General Plan Document Preparation Status Update Estimated Completion Lead
A) Prepare a General Plan outline and
document format and select a design
option.

Summer 2023 CDD
B) Prepare an Administrative Draft
General Plan.

Summer 2023 CDD
C) 1. Prepare a Public Review Draft
General Plan.

Summer 2023 CDD

2. Present Public Review Draft to
Advisory Committee and
community.

Summer 2023 CDD
D) 1. Present the Draft General Plan to
the Planning Commission.

Spring 2024 CDD

2. Present the Draft General Plan to
City Council.

Summer 2024 CDD
E) Prepare the Final General Plan
document.

Fall 2024 CDD
F) Create and launch an online General
Plan to provide greater transparency
and accessibility.

Winter 2024-25 CDD/ASD
ATTACHMENT 1
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – General Plan Update: Comprehensively update the Livermore General Plan, including Housing Element and Programmatic EIR, to address changes in regional and state policy, market trends, and community preferences, to plan for growth and conservation for the next 25 years, and support and enhance Livermore quality of life.

Action Items

8. Housing Element Status Update Estimated
Completion Lead
 A) Meet with community organizations,
service providers, and key
stakeholders to seek input on policy
issues and understand local housing
needs.

Throughout the Fall of 2021, staff and PlaceWorks
met with the community and stakeholders to seek
input on policy and housing related issues.

Completed CDD
 B) Conduct various assessments and
analyses that pertain to the Housing
Element.

Throughout the Fall of 2021 and Winter 2021-22,
staff and PlaceWorks analyzed current conditions,
supply, land use data, and RHNA allocations.

Completed CDD
 C) Update Housing Element goals,
policies, and quantified objectives
based on the various housing
assessments and community input.

Staff and PlaceWorks updated goals and policies
within the Housing Element and prepared an
administrative draft document.

Completed CDD
 D) Prepare an Administrative Draft
Housing Element
The Administrative Draft has been completed. Completed CDD E) Draft Housing Element and CEQA
document.

CDD
Present public review draft of the
Housing Element and CEQA
document (Notice of Exemption) to
Advisory Committee.
 1. Present public review draft of the
Housing Element and CEQA
document to Planning
Commission.

Planning Commission reviewed in Spring 2022. Completed CDD ATTACHMENT 1
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – General Plan Update: Comprehensively update the Livermore General Plan, including Housing Element and Programmatic EIR, to address changes in regional and state policy, market trends, and community preferences, to plan for growth and conservation for the next 25 years, and support and enhance Livermore quality of life.

Action Items

8. Housing Element Status Update Estimated
Completion Lead
 2. Present public review draft of the
Housing Element and CEQA
document to City Council.

City Council reviewed in Spring 2022. Completed CDD
F) Prepare the Final Housing Element
document.

Winter 2022-23 CDD
G) Submit the Final Housing Element to
the State Housing and Community
Development Department for review
and certification.

Winter 2022-23 CDD
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – HOMELESSNESS AND AFFORDABLE HOUSING: Establish a homelessness strategy, engaging local partners to develop a coordinated response, and expand diversity of affordable housing opportunities.

Action Items

1. Homeless Strategic Framework Status Update Estimated Completion Lead
A) Council Subcommittee on Homelessness
 1. Work with Council Subcommittee on
Homelessness to meet Strategic
Framework goals for short- mediumand long-term strategies and funding sustainability.

Staff met with the Subcommittee to discuss potential
California Homekey program opportunities to meet the
Subcommittee’s short-medium-and long-term goals. A
Homekey application for scattered housing sites was
submitted in January 2022, and the City was awarded
State Family Homelessness Challenge Grant funding to
create a program for homeless students enrolled in
LVJUSD and their families at Leahy Square.

Completed CDD
 2. Conduct Subcommittee meetings to
receive community input and identify
long-term solutions to recommend to
Council.

Staff met with the Subcommittee to discuss long term
strategies to address substance abuse and mental
health services for the unsheltered population. Staff is working with the County to identify a possible location for sober/detox services in the Tri-Valley.

Completed CDD
 3. Work with the Subcommittee to identify
additional sources of financing for the
continued operation of Council
approved crisis intervention services,
trash service, biohazard service, and
storage.

Livermore received a total of $325,717 in state
Homeless Housing Assistance Program 1 & 2 funds.

Funds will be used for crisis-intervention, but cannot be used for bio-hazard, trash services, and storage.

Completed CDD
B) Regional Advocacy

1. Work with the cities of Dublin and
Pleasanton to secure future funds.

Staff from Livermore, Dublin and Pleasanton regularly
collaborate. Additionally the three cities regularly meet with the County to identify county, state and federal
resources. The County awarded the Tri-Valley Region
$423,010 in Homeless Housing, Assistance and
Prevention Program (HHAP) 1 & 2 (Livermore received
$325,717, Pleasanton $88,832, and Dublin $8,460).

Ongoing CDD
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – HOMELESSNESS AND AFFORDABLE HOUSING: Establish a homelessness strategy, engaging local partners to develop a coordinated response, and expand diversity of affordable housing opportunities.

Action Items

1. Homeless Strategic Framework Status Update Estimated Completion Lead

2. Secure State and/or Alameda County
Homeless Housing Assistance Program
Funds (HHAP 3 & 4) funds.

The County is developing a process to release HHAP 3
& 4 funds to cities and regions in their vendor pool.

Livermore is the only Tri-Valley City in the County’s
vendor pool and will administer HHAP funds for the City and region.

Livermore’s joint Homekey application (with Hayward,
Union City and Piedmont) to the State to purchase
scattered housing sites for the unsheltered was denied.

Staff are currently evaluating program adjustments that would increase competitiveness for future Homekey
funding rounds and are also evaluating other sources
to support the acquisition of shared housing sites.

Winter 2022-23 CDD

3. Identify Federal, State and County
funds to address Homelessness.

The State budget included $12 billion in new
homelessness funding. Program guidelines are still be
developed by the state prior to the funding being
released. Housing and Homelessness funding through
the County’s voter approved Measure W is still in
litigation. No indication when the funds will be released.

Ongoing CDD
 4. Work with Alameda County to identify
and implement a Project
Roomkey/Safer Ground Hotel.

All Livermore participants were either placed into
housing units or transferred to another County hotel
participating in the program.

Completed

CDD

C) Nonprofit Service Provider Capacity
Building
 1. Assist providers with identifying and
leveraging local funds.

Staff helped nonprofit partners identify and apply for
federal funds that could leverage City funding for
housing and human services, such as the Federal
Eviction Prevention Program.

Ongoing CDD
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – HOMELESSNESS AND AFFORDABLE HOUSING: Establish a homelessness strategy, engaging local partners to develop a coordinated response, and expand diversity of affordable housing opportunities.

Action Items

1. Homeless Strategic Framework Status Update Estimated Completion Lead
 2. Provide office space at the MultiService Center for CityServe.

Construction at the Multi-Service Center is complete
and provided a permanent headquarters for and
expansion of CityServe’s presence in Livermore.

Completed CDD
D) Social Opportunity Endowment (SOE)
Fund

1. Work to evaluate and increase funding
into the SOE fund.

The Human Services Commission created a Social
Opportunity Ad Hoc Committee at their September 13,
2022, meeting to look for alternative funding sources to replace the loss of SOE Funding.

Spring 2023 CDD

2. Work to secure new SOE funding
opportunities from developments in the
Isabel Neighborhood Specific Plan.

Ongoing CDD/OIED
E) Human Services Facility Fee

1. Work with consultant to revise fee
calculation methodology to include
community rooms, multi-service
resource centers, shelters, etc.

Winter 2022-23 CDD

2. Work with consultant to evaluate fee
methodology for residential and
commercial developments.

Winter 2022-23 CDD
F) Local Agency Coordination

1. Coordinate a quarterly meeting with
Zone 7, Caltrans, East Bay Regional
Parks District, and LARPD.

The City partners with Caltrans and local service
providers to conduct regular encampment clean-up
operations.

Ongoing CDD
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – HOMELESSNESS AND AFFORDABLE HOUSING: Establish a homelessness strategy, engaging local partners to develop a coordinated response, and expand diversity of affordable housing opportunities.

Action Items

1. Homeless Strategic Framework Status Update Estimated Completion Lead

2. Identify and coordinate resources for
encampment issues.

Homelessness service providers and staff provide
outreach and services to unsheltered individuals that
are being displaced due to a clean-up operation.

Ongoing CDD

3. Coordinate resources with the business
community.

Staff continues to work with local agency partners,
service providers and local businesses on coordinated
response, including vegetation removal.

Ongoing CDD
G) Rental Assistance Program
 1. Work with County to secure additional
funding for development of a rental
assistance program to address the
needs of persons facing eviction due to
the pandemic.

As of August 2022, $4,890,314 in federal COVID-19
rent relief funds have been awarded to Livermore
tenants. The County is continuing to advocate for
unspent federal funds to be re-allocated to Alameda
County to meet the enormous local need for rent relief.

Completed

CDD
 2. Identify service providers and housing
counselors who will provide necessary
tenant-based services.

The City contracted with Cityserve to help 88 Livermore residents’ access more than $1.7 million in rental
assistance funds.

Completed CDD
 3. Provide outreach and marketing to
identify those in need of program
services.

City disseminated information about the program
through its contracts with Centro Legal and Cityserve,
who conducted pop-up events, workshops and public
information sessions.

Completed CDD

2. Development of Affordable Multifamily
Projects Status Update Estimated Completion Lead
A) Avance (formerly Sunflower Hill)
 1. Begin construction of Avance. Completed CDD
 2. Complete project construction. Completed CDD
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – HOMELESSNESS AND AFFORDABLE HOUSING: Establish a homelessness strategy, engaging local partners to develop a coordinated response, and expand diversity of affordable housing opportunities.

Action Items

2. Development of Affordable Multifamily
Projects Status Update Estimated Completion Lead
 3. Work with the Livermore Housing
Authority to secure project-based
vouchers.

Twenty-five (25) of the project units received projectbased Section 8 rental subsidies through the Livermore Housing Authority, assisting extremely low-income
tenants.

Completed CDD
 4. Work with MidPen on identifying
tenants for the project.

MidPen Housing and the City are working closely with
local agencies who serve the developmentally disabled
community to help outreach to their consumers with
information on the project.

Completed CDD
B) Chestnut Family
 1. Assist with the Grand Opening for
Chestnut Family Project.

The Grand Opening event for Chestnut Square Family
took place on Friday, August 20th, celebrating the
completion of 42 affordable homes for families and
formerly unhoused households. This was the final
phase of an intergenerational community in Livermore,
with the 72-unit affordable Chestnut Square Senior
apartments next door.

Completed CDD
C) Interfaith Housing/Pacific Avenue
 1. Work with Interfaith Housing to finalize
plans for a senior affordable rental
project.

On September 13, 2021, the Council approved the
Development, Disposition, and Loan Agreement
(DDLA) for the project.

Completed CDD
 2. Secure project entitlements. On November 16, 2021, the Planning Commission approved the project entitlements.

Completed CDD
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – HOMELESSNESS AND AFFORDABLE HOUSING: Establish a homelessness strategy, engaging local partners to develop a coordinated response, and expand diversity of affordable housing opportunities.

Action Items

2. Development of Affordable Multifamily
Projects Status Update Estimated Completion Lead

3. Identify and secure sources of outside
funding for site development.

The City received an award from the State’s Local
Housing Trust Fund to fund the project and SAHA
received an award of State No Place Like Home
funding to support operating costs for units reserved for homeless seniors.

Summer 2023 CDD

4. Begin construction. Spring 2024 CDD
D) Livermore Village Catalyst Site
 1. Identify and secure sources of outside
funding for site development.

The project financing schedule has been tolled to
accommodate the litigation delay. Eden hopes to apply
for tax credits in 2023.

TBD CDD
E) 2047 First Street (Greiner)

1. Identify developer for a mixed-use
retail/affordable housing project.

Staff are coordinating with the State on the surplus land disposition requirements in preparation for identifying a developer for the site.

Summer 2023 CDD

2. Secure project entitlement. Summer 2024 CDD

3. Identify and secure project financing. Summer 2025 CDD

4. Begin construction. Winter 2025-26 CDD
F) Livermore Housing Authority
Acquisition/Rehab Project - Work with the
Livermore Housing Authority (LHA) on the
rehabilitation of their units on Bluebell
Drive, Chestnut Street, and I Street.

1. Develop scope of work for each of the
project sites.

The Housing Authority developed a rehabilitation plan
for their property on Bluebell Dr. and will commence
work in October. The next priority property will be a
rehabilitation plan for their Chestnut St. Apts.

Summer 2023 CDD
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – HOMELESSNESS AND AFFORDABLE HOUSING: Establish a homelessness strategy, engaging local partners to develop a coordinated response, and expand diversity of affordable housing opportunities.

Action Items

2. Development of Affordable Multifamily
Projects Status Update Estimated Completion Lead

2. Develop and approve new loan and
regulatory agreements for the sites.

Staff is negotiating with the Housing Authority on an
extension of the City's loans and affordability
restrictions on the Bluebell property.

Fall 2023 CDD

3. Identify and secure outside sources of
project financing.

The City approved a subordination of its Deed of Trusts on the Bluebell units to a new first mortgage from
Fremont Bank that will finance the renovation of all 27 Bluebell Apartments.

Winter 2023-24 CDD

4. Complete rehabilitation work. Spring 2024 CDD
G) REACH Housing Accessory Dwelling Units
(an expansion of their shared housing
model for persons with developmental
disabilities).
 1. Determine suitable site location for
ADU’s.

Staff have identified potential sites and shared housing operators and released a request for proposals in
December 2021, for the State Permanent Local
Housing Allocation funds awarded for this program.

Completed CDD
 2. Secure financing. City Council approved a rehabilitation loan to Tri Valley REACH for the Colgate Way property in Livermore in
Spring 2022.

Completed CDD
 3. Obtain City approvals. Completed CDD
 4. Construct units. Completed CDD
 H) Identify existing multifamily unit projects for
purchase to convert to
affordable/workforce housing.

The City’s Request for Information for the Homekey
program, released in August 2021, includes a
solicitation for multifamily developments interested in converting to affordable housing.

Completed CDD
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – HOMELESSNESS AND AFFORDABLE HOUSING: Establish a homelessness strategy, engaging local partners to develop a coordinated response, and expand diversity of affordable housing opportunities.

Action Items

2. Development of Affordable Multifamily
Projects Status Update Estimated Completion Lead
I) Vineyard Project
 1. Work with Housing Consortium of the
East Bay (HCEB) to secure project
financing.

All project financing has been secured for the project
and construction commenced in March 2022.

Completed CDD
 2. Develop construction plans for the
project.

Plans were completed and the project received a
building permit in March 2022.

Completed CDD
 3. Begin project construction. Construction began with demolition in March 2022. Completed CDD

4. Work with nonprofit service providers
to identify and secure appropriate
services.

The City approved the developer’s lease agreement
with Open Heart Kitchen and is meeting regularly with
local providers to finalize the staffing and services at the site.

Summer 2023 CDD
J) Hotel Acquisition and Rehabilitation (for
development of transitional housing and
on-site services to support homeless)
 1. Identify hotel sites for possible
acquisition.

Staff continues to participate in the County hotel
acquisition working group and engaged a consultant to
identify potential hotel sites. None of the potential leads were found to be feasible.

Staff released a released a Request for Information in
August 2021, to identify potential Homekey acquisition
sites and developer/owners for the project. No sites
were identified through that process, but staff will
analyze opportunities if they present themselves.

Completed CDD

2. Work with County to secure financing. CDD
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – HOMELESSNESS AND AFFORDABLE HOUSING: Establish a homelessness strategy, engaging local partners to develop a coordinated response, and expand diversity of affordable housing opportunities.

Action Items

2. Development of Affordable Multifamily
Projects Status Update Estimated Completion Lead

3. Identify developer/owner for the
project.

CDD

4. Acquire site. CDD

5. Develop construction plans for the
project. CDD

6. Begin construction. CDD

7. Work with nonprofit service providers
to identify and secure appropriate
services.

CDD
K) Work with the real estate community and
nonprofit developers to identify new sites
for development of affordable housing for
use with the Housing First Program.

The Homekey program Request for Information
released in August 2021 solicited new sites and
partners for developing affordable housing for people
experiencing homelessness. Staff are working with
developers of projects in the affordable housing
pipeline to help set aside units with on-site services for this population.

Staff worked with Satellite Affordable Housing
Associates to support their successful application for
State No Place Like Home Funds to support operating
costs for homeless units in the Pacific Senior
apartments project.

Staff are exploring several opportunities to support the efforts of faith-based groups and community non-profits to facilitate tiny homes and shared housing units as
Housing First Program units.

Ongoing CDD
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – HOMELESSNESS AND AFFORDABLE HOUSING: Establish a homelessness strategy, engaging local partners to develop a coordinated response, and expand diversity of affordable housing opportunities.

Action Items

2. Development of Affordable Multifamily
Projects Status Update Estimated
Completion Lead
 L) Identify sites for use in the development of
transitional/interim housing units.

Staff are also designing a Housing First program with
the Livermore Housing Authority to set aside units at
Leahy Square as transitional housing for homeless
families and are applying for funding for necessary
supportive services.

Completed CDD

3. Create Affordable Ownership Opportunities Status Update Estimated Completion Lead
A) Administer the City’s Inclusionary Housing
Program
 1. Work with provider to create buyer
eligibility lists for projects under
agreement with the Affordable
Homeownership program.

In March of 2021, the City established a new list of firsttime buyers interested in the program and received 866 applications.

Completed CDD

2. Work with provider to qualify buyers for
inclusionary units.

Ongoing CDD

3. Assist buyer and seller in completing
the purchase transaction.

Since March 2021, ten (10) households, including two
Livermore school teachers, have purchased affordable
homes.

Ongoing CDD
B) Down Payment Assistance (DPA) Program

1. Provide second mortgage DPA loans to
eligible low and moderate-income
homebuyers.

Over the past year, the City’s DPA program funded
three loans for low and moderate-income first-time
homebuyers.

Ongoing CDD
C) Identify outside resources that can be used
to expand existing ownership programs
and create new ones.

Staff partnered with the County to market and outreach
their Down Payment Assistance loan (AC Boost).

During the 1st round of financing, AC Boost helped four households buy their first home in Livermore.

Ongoing CDD
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – HOMELESSNESS AND AFFORDABLE HOUSING: Establish a homelessness strategy, engaging local partners to develop a coordinated response, and expand diversity of affordable housing opportunities.

Action Items

3. Create Affordable Ownership Opportunities Status Update Estimated Completion Lead
 D) Update the City’s Inclusionary Housing
Ordinance to include an on-site rentalhousing requirement.

City Council adopted an update to the City’s
Inclusionary Housing ordinance in June 2021 and the
new on-site rental housing requirements went into
effect in July 2021.

Completed CDD

4. Regional Housing Opportunities Status Update Estimated Completion Lead
A) Work with the County to identify and
secure additional funding for homeless
services.

The City was awarded Family Homeless Challenge
Grant funding for a pilot homeless housing program in
collaboration with the school district and the Livermore Housing Authority.

Ongoing CDD
 B) Continue to work with County on project
Roomkey and Operation Safer Ground
funding opportunities.

Staff responded to a County solicitation for Citysponsored Homekey projects providing housing for people experiencing homelessness and were
successful in obtaining County funding for operating
subsidies for the Bay Area Community Services
(BACS) Project Reclamation program providing
supportive shared housing to people experiencing
homelessness.

Completed CDD
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

1. Governance and Process Improvement Status Update Estimated Completion Lead
A) Governance of Information and
Technology

1. Establish IT Steering Committee ASD
a) Determine key initiatives IT Strategic Plan and Microsoft 365 Strategic Plans being developed.

Winter 2022-23
 b) Remote workforce
technology plan
Completed
 c) Develop Cloud First strategy Completed
d) Integrating City systems Program portfolio is being developed to track enterprise applications and review for integration.

Winter 2022-23
e) Technology refresh Winter 2022-23
 f) Leveraging artificial
intelligence
Completed
 g) Mobile devices Completed
B) Compliance Tracking

1. Governance, risk, and
compliance tracking system

ASD/CAO
 a) Needs analysis for tracking
cyber risk and other risks
Completed
 b) Evaluate platforms Completed
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

1. Governance and Process Improvement Status Update Estimated Completion Lead
 c) Select solution Solution selected. Completed
d) Implement solution Winter 2022-23
e) Train staff Winter 2022-23

2. Compliance Assessment

Winter 2022-23 ASD
a) Conduct assessments
Payment Card Industry
(PCI), Healthcare Insurance
Portability and Accountability
Act (HIPAA), Criminal
Justice Information Services
(CJIS), American Water
Works Association (AWWA)
b) Document current
compliance activities and
state
c) Develop remediation plans
C) Governance Modernization

1. Review Administrative
Regulations (AR) and
Livermore Municipal Code
(LMC)
ASD
 a) Establish AR/LMC review
committee
Staff review committee established. Completed
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

1. Governance and Process Improvement Status Update Estimated Completion Lead
b) Review AR and LMC for
cyber risk and financial
policy best practices
Spring 2023
c) Update Administrative
Regulations
Summer 2023
d) City Manager approval of AR
updates
Summer 2023
e) Update Municipal Code to
increase
purchasing/spending limits to
account for CPI increases
Summer 2023
f) Council approval of
Municipal Code updates
Summer 2023

2. Retention Schedule Update ASD
 a) Needs assessment Completed
 b) Develop file plans for each
division for electronic and
physical documents
Completed
 c) Update policies/procedures Completed
 d) Train staff Completed
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

1. Governance and Process Improvement Status Update Estimated Completion Lead
D) Internal Process Modernization

1. Process Improvement
a) Document or update
documentation for current
procedures
Winter 2022-23 ASD
b) Evaluate opportunities for
improvement, including
purchasing-card paper-less
workflow process
c) Evaluate and identify
automation possibilities
d) Develop a plan to
implement automation

2. Paperless Timesheets ASD
 a) Assess needs Complete Completed
 b) Procure solution Complete Completed
c) Test solution Summer 2024
d) Implement solution Partially implemented; Police Department has implemented InTime, the remainder of the city will
implement with the new ERP system.

Fall 2024
e) Train users on new system Fall 2024
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

1. Governance and Process Improvement Status Update Estimated Completion Lead

3. Contract Management and
Electronic Signatures
ASD
 a) Create AR for electronic
signatures
Completed



b) Procure DocuSign contract
lifecycle management
system
c) Implement DocuSign
eSignature
Completed
Completed
d) Implement DocuSign CLM Winter 2022-23
e) Create workflows by
contract type
Winter 2022-23
f) Train staff on process,
policy, and system
Winter 2022-23

4. Records Storage ASD
 a) Execute a contract with
Corodata for records
storage, scan on demand,
data conversion services and
records destruction services
Completed
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

1. Governance and Process Improvement Status Update Estimated Completion Lead
b) Move records from PD
records facility to Corodata
Winter 2022-23
 c) Train staff
d) Move permanent records
from City Hall to Corodata
Completed

5. Paperwork Reduction
a) Prepare plan to transition to
electronic file copies for all
projects with a secondary
electronic backup system
Winter 2022-23 ASD/CDD


6. Improve the approval process
for New Hire Requisitions
a) Implement automated
requisition routing module in
Neogov
Completed
ASD
 b) Develop required approval
mapping for each
department
Completed



c) Convert to automated
system
d) Train staff
Completed
Completed
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

1. Governance and Process Improvement Status Update Estimated Completion Lead

7. Enhance City compliance with
noticing, tracking and reporting
requirements of Family Medical
Leave Act (FMLA) qualified
leaves
May be included in ERP. If so, will be done Fall 2024 Fall 2024 ASD a) Needs analysis - Identify,
test, and select software or
vendor alternative to using
Excel and Word to track and
generate required letters
b) Select solution
c) Procure solution
d) Implement solution
e) Train staff

8. Public records request software ASD
 a) Procure software Completed
 b) Implement system Completed
 c) Train staff Completed
 d) Communicate to the public
the availability of the new
system
Completed
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

1. Governance and Process Improvement Status Update Estimated Completion Lead

9. Online Payments Fall 2022 CDD/ASD
a) Needs analysis
b) Determine compliance requirements
c) Identify solution – merchant account options
that work with Accela Procure solution
Software has been identified for
paperless plan review and cost
estimates received for implementation.
d) Procure solution
e) Implement

10. Expand Permit Types Available from Online
Portal
CDD
 a) Identify CDD permit types that can be
processed online (Building, Planning, and
Engineering)
Completed
b) Configure additional Accela record types for
intake from the Accela Citizen’s Access Portal
Fall 2022
c) Create online submittal capabilities and
processes for all eligible permit types
Received cost estimates from
consultant for implementation.

Fall 2022
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

1. Governance and Process Improvement Status Update Estimated Completion Lead
d) Conduct staff training for new online services Winter 2022-23 e) Launch online permitting Services Winter 2022-23

11. Improve the accuracy of and turnaround time
required to do cost proposals in the 2021 Labor
Bargaining process
ASD
 a) Identify, test and select software alternative to
Excel
Completed
 b) Obtain approval for new software and
implement vendor contract
Completed



c) Implement new software

d) Train staff
Completed
Completed

12. Investigate options for more departments to post
bid package directly and accept electronic
submissions.

Winter 2022-23 ASD/CDD
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

1. Governance and Process Improvement Status Update Estimated Completion Lead
E) Align services to available resources
to maintain fiscal stability
ASD

1. Develop strategy to pay down
unfunded liabilities
Council to review with FY2023-25 budget process. Spring 2023

2. Develop long‐term strategic plan
to identify future revenue and
expenditure trends
Concurrent with General Plan Update adoption Spring 2024

3. Develop, maintain, and attract a
skilled, adaptable, and diverse
workforce by providing
opportunities for our employees
to feel valued, engaged, and
trusted
Spring 2023

2. Modernize Key Business Systems Status Update Estimated Completion Lead
A) Microsoft Modern Workplace
Roadmap [Office 365 / Microsoft
365]
 1. Execute contract with
consultant
Completed ASD
 2. Identity and Authentication
a) Determine high-level
desired identity and
authentication outcomes
Completed ASD
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

2. Modernize Key Business Systems Status Update Estimated Completion Lead
b) Discovery and design
sessions
c) Develop recommendations
and Action Plan
 3. Device Management Completed ASD
a) Review current practice and
policy
b) Outline organization-specific
measures of success
c) Discovery sessions
d) Envisioning and Roadmap
e) Develop strategic
recommendations
f) Finalize recommendations
 4. O365 Collaboration and
Productivity
Completed ASD
a) Determine high-level
desired collaboration and
productivity outcomes
b) Outline organization-specific
measures of success
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

2. Modernize Key Business Systems Status Update Estimated Completion Lead
c) Discovery sessions
d) Develop strategic
recommendations
 5. Security and Compliance Completed ASD
a) Determine high-level desired
security and compliance
strategy outcomes
b) Outline organization-specific
measures of success
c) Discovery sessions
d) Envisioning and Roadmap
sessions
e) Develop strategic
recommendations
 6. Change Management
Outcomes
Completed ASD
a) Determine high-level desired
change management
strategy outcomes
b) Outline organization-specific
measures of success
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

2. Modernize Key Business Systems Status Update Estimated Completion Lead
c) Discovery sessions
d) Develop plans and
recommendations
B) Enterprise Resource Planning
(ERP)
 1. Approve selection consultant Completed ASD
 2. ERP Project coordination and
initiation
Completed ASD
 3. Needs assessment Completed ASD
 4. RFP Development Completed ASD
 5. Evaluate proposals Completed ASD

6. Selection of ERP system Fall 2022 ASD

7. Implementation of new ERP
System
Spring 2025 ASD
C) Records Management System
 1. Needs Assessment, upgrade or
replace
Completed ASD
a) Provide residents access
and search capabilities via
the website to all nonprivileged data
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

2. Modernize Key Business Systems Status Update Estimated Completion Lead
 2. Identify Solution – vendor
demonstrations
Completed ASD
 3. Procure solution Completed ASD
 4. Develop migration plan Completed ASD

5. Implement new system Fall 2022 ASD

6. Migrate data Winter 2022-23 ASD

7. Test new system Winter 2022-23 ASD

8. Develop the policies and
procedures required and
Implement system
Winter 2022-23 ASD

9. Integrate with other City
software
Spring 2023 ASD
D) Website

1. Migrate to new platform ASD
 a) Re-start data transfer
process to new site to
encompass COVID driven
and other changes
Completed
 b) Conduct user training Completed
 2. Expand the financial information
available on the City’s website to
include compliance reports and
historic records
Completed ASD
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

2. Modernize Key Business Systems Status Update Estimated Completion Lead

3. Self-service options (on the
City’s website) for utility
customers
Winter 2022-23 ASD
E) New Agenda Management System
 1. Train staff Completed ASD
 2. Implement system across all
advisory bodies
Completed ASD
 3. Board and commissions module
- Granicus
Completed ASD
a) Implement and use boards
and commissions module
b) Load past boards and
commissions data
c) Train advisory body liaisons
on the use of boards and
commissions module
 4. Granicus for live Council
meetings
Completed ASD
a) Implement electronic voting
in Civic Center Meeting Hall
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

2. Modernize Key Business Systems Status Update Estimated Completion Lead
b) Train City Council and
advisory bodies on the use
of i-Legislate
c) Provide e-Comment and
electronic speaker sign up to
the public
F) Cybersecurity Threat Detection and
Response
ASD
 1. Research available solutions and
industry trends
Completed
 2. Evaluate current solution Completed
 3. Needs analysis Completed
 4. Vendor demos Completed
G) Integrated Library System LIB/ASD
 1. Migrate to cloud-based solution Completed
a) Needs analysis
b) Identify solution
c) Procure solution
d) Develop a migration plan
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

2. Modernize Key Business Systems Status Update Estimated Completion Lead
e) Migrate data
f) Test new system
g) Train staff
H) Utilize modern fleet management
technologies for tracking and
diagnostics to increase fleet
efficiencies
Winter 2022-23 PW

1. Needs analysis

2. Identify solution

3. Procure solution

4. Develop a migration plan

5. Migrate data

6. Test new system

7. Train staff
I) Electronic Plan Review CDD
 1. Needs analysis Completed
 2. Identify electronic plan review
Platform that integrates with
Accela Permit System
Completed
 3. Procure solution Completed
 4. Develop implementation plan Completed
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

2. Modernize Key Business Systems Status Update Estimated Completion Lead

5. Implement solution Winter 2022-23

6. Train staff Winter 2022-23

7. Launch system Winter 2022-23
J) Engineering Resource Management
System
Spring 2024 CDD

1. Select Platform
a) Needs assessment
b) Available platform review
c) Procure system

2. Implement system
a) Integrate existing data
b) Integrate with other systems
as applicable

3. Train staff

4. Launch system
ATTACHMENT 1
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

2. Modernize Key Business Systems Status Update Estimated Completion Lead
K) Transition to laptops as main
computing device
ASD
 1. Perform feasibility assessment to
transition from desktops to
laptops for each member of staff
Completed
 2. Make recommendation Completed
L) Smart Device Deployment Fall 2022 ASD

1. Increase Smart Device
deployment to identified
workforce to interface with new
Asset Management software and
other related in field systems
M) Council Chamber Technology ASD
 1. Evaluate Zoom enhancements
allowing remote public access to
live meetings
Completed
 2. Conduct proof of concept testing Completed
 3. Train staff and Council Completed
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

2. Modernize Key Business Systems Status Update Estimated Completion Lead
N) Modernize Library’s Online Public
Access Catalog
LIB
 1. Onboarding BiblioCore Discovery
Layer
Completed
 2. Review the new catalog Completed
 3. Launch initial public trial run Completed
 4. Official launch Completed
O) New Library App LIB
 1. Evaluate options Completed
 2. Select solution Completed
 3. Procure solution Completed
 4. Implement solution Completed
 5. Train staff Completed
P) Virtual Reality simulator training
System for Police
PD
 1. Conduct research Completed
 2. Prepare informal requests for
quotes
Completed
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

2. Modernize Key Business Systems Status Update Estimated Completion Lead
 3. Seek Council authorization for
system procurement
Completed
Q) Crossroads traffic collision and
citation software
PD
 1. Research installation into
vehicle computers, desktops,
and digital citation units
Completed
 2. Install software Completed

3. Train staff Fall 2022
 4. Launch system Completed
R) In car digital cameras PD
 1. Research cost and installation
options for patrol vehicles
Completed
 2. Make recommendation Completed

3. Procure required devices and
software
Contract was approved and an order was made for the
devices/software. Awaiting product availability due to
supply shortage.

Winter 2022-23

4. Implement and deploy solution Winter 2022-23

5. Train staff Winter 2022-23
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

2. Modernize Key Business Systems Status Update Estimated Completion Lead
S) Integrating Water Resources
Division (WRD) databases and
data sources
PW
 1. Create a WRD data team to
evaluate existing data sources,
business intelligence products,
and develop data management
best practices
Completed

2. Document the data, where it is
located, what format it is stored
in, and how it can contribute
overall efficiency
Fall 2022

3. Test various business
intelligence programs to
integrate databases
Fall 2022

4. Perform background research
and if appropriate, design a pilot
program to add additional data
gathering capabilities to wet
utilities such as pressure
monitors, district meters, sewer /
storm flow monitors, etc.

Fall 2022
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

2. Modernize Key Business Systems Status Update Estimated Completion Lead
T) WRD Technology Master Plan
[Follows IT & Cybersecurity
Strategic Plan]
PW/ASD
 1. Review and document existing
technology being used by the
various sections
Completed
 2. Evaluate the effectiveness of
these technologies
Completed
 3. Identify potential improvements Completed
 4. Make recommendations Completed

5. Implement approved recommendationsWinter 2022-23

6. Reevaluate their effectiveness Winter 2022-23
U) Hardware Refresh PD
 1. Evaluate existing hardware Completed
 2. Conduct needs assessment Completed
 3. Identify staff that need workstation enhancements (computer & monitor)
Completed
 4. Develop a refresh plan

5. Implement plan
Completed
Fall 2022
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

3. Training: Program and Governance Status Update Estimated Completion Lead
A) Governance Charter and Committee Winter 2023-24 ASD

1. Conduct a training needs
assessment

2. Gather training resources

3. Determine and implement
training platform/s
a) Develop training library
b) Find external sources for
training

4. Set training goals

5. Setup employee learning plan,
establish, and review process

6. Centralize training reporting
(reporting dashboard)
B) Continuous monitoring of the
program
Winter 2023-24 ASD

1. Establish a new process to
continuously evaluate training
needs
a) New employee onboarding
training
b) HR training
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

3. Training: Program and Governance Status Update Estimated Completion Lead
c) Cybersecurity training
d) Safety training
e) Ethics training
f) Management & soft skills
training
g) Organizational Culture and
History (Knowledge
Transfer)
h) Credential or Continuing
Professional Education
i) General Business
Applications: Office 365
training
j) Line of business process
and application training
C) Training: Knowledge Transfer
Program

1. Mitigate Key IT Employee
Knowledge Loss
Winter 2022-23 ASD
a) Identify current and target
state of maturity for
knowledge transfer
b) Define key knowledge
transfer metrics
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

3. Training: Program and Governance Status Update Estimated Completion Lead
c) Identify project team and
their responsibilities
d) Build the project charter and
obtain stakeholder buy-in

2. Identify Knowledge Priorities Spring 2023 ASD
a) Identify knowledge sources
and risk profile
b) Review and prioritize list of
knowledge sources

3. Build Knowledge Transfer Plans Spring 2023 ASD
a) Build a knowledge transfer
plan
b) Interview knowledge sources
c) Identify when to use
knowledge transfer tactics

4. Build Knowledge Transfer
Roadmap
Spring 2023 ASD
a) Prioritize the sequence of
initiatives
b) Define knowledge transfer
initiatives timeframe
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

3. Training: Program and Governance Status Update Estimated Completion Lead
c) Complete the project
roadmap
d) Prepare a presentation for
project team and sponsor

4. IT & Cybersecurity Status Update Estimated
Completion Lead
A) Conduct IT Assessments ASD
 1. CEO CIO Alignment Completed
 2. CIO Business Vision Completed
 3. End User Satisfaction Survey Completed
 4. IT Staffing Assessment Completed
 5. Security Business Satisfaction &
Alignment
Completed
 6. Security Governance &
Management Scorecard
Completed
 7. Network Vulnerability
Assessment
Completed
 8. Core IT Processes Completed
ATTACHMENT 1
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

4. IT & Cybersecurity Status Update Estimated
Completion Lead
B) Develop IT & Cybersecurity Strategy Winter 2022-23 ASD

1. Document IT Vision, mission
statement, guiding principles and
goals

2. Document target state IT
capabilities

3. Document initiatives

4. Document risks

5. Document IT strategy road map

5. Facility Improvements Status Update Estimated
Completion Lead
A) Increase number of electric vehicle
charging stations available to
employees and the public
Winter 2022-23 PW
 B) In Person Touchless Check-In

1. Conduct needs analysis

2. Analyze various electronic check-
in systems

3. Select and procure electronic
check-in system
With COVID regulation changes, this item not needed Spring 2022 CDD ATTACHMENT 1
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

5. Facility Improvements Status Update Estimated
Completion Lead

4. Implement system – Launch
electronic check-in system

5. Train staff
C) Customer Experience Fall 2022 CDD

1. Analyze workstations at Permit
Center counter from customer
perspective

2. Implement enhancements that
will improve customer
experience i.e. large
monitors, self-help station, etc.

3. Develop plan to implement
upgrades

4. Procure and install customer
station enhancements and other
items
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

5. Facility Improvements Status Update Estimated
Completion Lead
D) Wireless Connectivity ASD

1. Modernize current “Livermore
Public” WiFi channel to
encompass all primary City sites
Spring 2022

2. Implement new secured
employee WiFi channel on
modernized WiFi to provide City
Network Smart Device
Connectivity at designated City
sites
Project being redesigned TBD

3. Extend secured WiFi channel
broadcasting to outside yard
areas of designated City sites
so work force may conduct City
business via Smart Devices
Project being redesigned TBD ASD
E) Online Public Room Reservation
System
LIB
 1. Determine if LibCal can be
used for online option to
reserve study rooms

2. Configure software for online
reservation of study rooms

3. Go live with online reservation
Completed
Fall 2022
Fall 2022
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FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – MODERNIZATION, TRAINING and WORKPLACE ENHANCEMENTS: Develop a systematic approach to modernizing the City’s aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Action Items

5. Facility Improvements Status Update Estimated
Completion Lead
F) Audio Visual (AV) equipment
improvements to the Community
Rooms at the Civic Center Library
Winter 2022-23 LIB

1. Contact vendors for proposals
and quotes

2. Evaluate proposal and quotes

3. Recommend solution

4. Procure solution

5. Implement

6. Train staff
ATTACHMENT 1
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The City Council establishes goals and priorities every two years to respond to community needs and guide budgetary decisions. Here is a brief snapshot of accomplishments.

City of Livermore
FY 2021-23 GOALS AND PRIORITIES Oct. 24, 2022 Update
Asset Management and
Stormwater
Downtown
Transitioned to more efficient software for
managing assets and work orders.

Began testing a new app to collect real-time
maintenance, rehabilitation and replacement data.

Updated the City's Stormwater Master Plan.

Completed the mid-term update of the Tri-Valley
Hazard Mitigation Plan.

Completed I Street Garage.

Began construction of L Street Garage.

Completed Livermorium Plaza.

Transferred properties to Eden
Housing and SPARC.

Approved license agreement with
Quest Science Center.

Approved Development Agreement
for boutique hotel.

Establish and maintain comprehensive Asset
Management and Stormwater Management Programs,
ensuring the community continues to receive vital
services through a sustainable infrastructure strategy.

Enhance the City's vibrancy by
completing critical projects downtown,
ensuring the right balance of local
amenities to support quality of life.

Scan for Goals and
Priorities full report
ATTACHMENT 2
545
General Plan Update
Homelessness and Affordable Housing
Formed the General Plan Advisory
Committee.

Prepared an Existing Conditions Report,
the first major step that informs the
General Plan Update.

Conducted visioning workshops with
community and focus groups.

Developed a project website with a
variety of online engagement tools.

Completed the Housing Element
Administrative Draft.

Modernization, Training, and
Workplace Enhancements
Began construction of Vineyard 2.0 to build 24 apartments for extremely low-income people experiencing homelessness,
along with a commercial kitchen and Homeless Resource
Center.

Completed construction of Avancé, offering 44 units of
permanent affordable housing with onsite programming for people with developmental disabilities.

Approved plans for Pacific Avenue Senior Apartments to build 140 units of affordable rental housing for seniors with a preference for Veterans.

Worked with Goodness Village to develop 28 tiny homes for homeless community members.

Implemented a new public online records request
portal.

Updated City Council Chamber technology to
allow remote public access to live meetings.

Modernized the Library's online public access
catalogue.

Created a virtual reality simulator training system
for police.

Launched new traffic collision and citation
software.

Completed needs analysis for tracking cyber
risks.

Comprehensively update the Livermore
General Plan to address changes in
regional and state policy, market trends,
and community preferences, to plan for
growth and conservation for the next 25
years, and support and enhance Livermore
quality of life.

Develop a systematic approach to modernizing
the City's aging business systems, reviewing
processes for alignment with industry best
practices, and providing our workforce with the
tools and training necessary to effectively deliver
services to the community.

Establish a homelessness strategy, engaging local partners to develop a coordinated response, and expand diversity of affordable housing opportunities.

ATTACHMENT 2
546

1. Frequency of Key to the City Program Status Update Estimated Completion Lead
A) Explore reformatting how program is
administered to accommodate
additional sessions each year (held
in the fall and spring).

Using this program as a staff development opportunity,
a rotational coordinator role is being established.

Staff is planning one Key to the City session in Fall
2023 and two sessions in 2024.

Spring 2023 CMO

2. Youth Key to the City Program Status Update Estimated Completion Lead
A) Explore establishing a Youth Key to
the City program with input from
LVJUSD and LARPD. Some ideas
include a series at the Livermore
Library and school district
curriculum.

Youth Key to the City item discussed in March Public
Communications Strategies (PCS) inter-agency
meeting. LVJUSD staff indicate Teen Academy is the
preferred program to target because of the timing (not
competing with school and sports during school year).

Conversations continue amongst the agencies. Also
exploring ways to integrate with Youth in Government
Winter 2022-23 CMO/LIB
B) Explore incorporating Key to the
City elements into existing youth
programs (i.e., Livermore Teen
Academy, LAYAC, LVJUSD
programs).

Library staff have begun exploring adjustments to Teen
Academy program and other opportunities to involve
youth in government. Winter 2022-23 CMO/LIB
ATTACHMENT 3
547

3. Outreach and Community Engagement Status Update Estimated Completion Lead
A) Collaborate with community
partners to communicate the
availability of Key to the City
programs.

Spring 2023 CMO
• social media and websites
• downtown kiosk posters
• flyers at places of business
B) Explore creating short videos or
session recordings to post to
website. Spring 2023 CMO
ATTACHMENT 3
548

1. Inter-agency communications
regarding youth programming Status Update Estimated Completion Lead ✔ A) Add standing item to inter-agency
Public Communications Strategies
(PCS) agenda.

PCS meets monthly every third Wednesday. Youth
engagement item added to and discussed at March
meeting. Completed CMO

2. Local Youth Training Programs Status Update Estimated Completion Lead
✔ A) Research programs from Las
Positas College (LPC), LVJUSD,
and Chamber.

Programs researched and added to Library web page.

Completed CMO
✔ B) Create a youth-specific web page on
digital library with links to programs
from partner agencies and
organizations.

Established Local Youth Training and Engagement
Programs web page of resources:
https://library.livermoreca.gov/digital-library/teens/localyouth-training-and-engagement-programs Completed Library
✔ C) Schedule regular check-ins for
updates to programs.

Staff to discuss at monthly internal Communications
Team meetings and inter-agency PCS meetings. Completed CMO ATTACHMENT 3
549

2. Local Youth Training Programs Status Update Estimated Completion Lead
✔ D) Collaborate with public safety
departments on engaging youth in
career pathways and opportunities.

Ongoing LPFD/PD

1. Attend youth sporting events. LPD and LPFD tabled at the Little League Intermediate World Series which took place July 31 to Aug. 7, 2022.

Public safety staff have tabled at the famers market on Aug. 5, 2021, Oct. 7, 2021, and Aug. 11, 2022, and
also at Downtown StreetFest on May 14-15, 2022.

Public safety staff are scheduled to table at the farmers market on Oct. 6.

2. Represent at career fairs. Public safety staff participated in the local high school career fairs virtually during COVID and are scheduled
to attend the Tri-Valley College & Career Fair on Oct.
24 at Granada HS.

3. Calendar of Events Status Update Estimated
Completion Lead
A) Research where a calendar might
be most appropriately hosted online.

Staff will revisit with the intergovernmental group with change in leadership at LVJUSD. Winter 2022-23 CMO
• Check local online news
publications (Patch,
Livermore Vine,
Independent, etc.).

ATTACHMENT 3
550

3. Calendar of Events Status Update Estimated
Completion Lead
• Check LVJUSD, LARPD,
Livermore Downtown Inc.,
Chamber, Visit Tri-Valley
sites.

4. “Livermore Day” for the Community Status Update Estimated Completion Lead
✔ A) Explore opportunities to leverage
resources by combining a
“Livermore Day” event with an
existing city-sponsored event such
as Community Service Day, or an
LARPD, LVJUSD, or Livermore
Downtown Inc. event.

Staff are in planning stage for a week-long Unity Day
communications campaign in October 2022 with
LVJUSD, LARPD, and Las Positas College. Staff are
also exploring including a storytelling element at
Community Service Day 2023.

Completed CMO
• Incorporate storytelling
elements
ATTACHMENT 3
551

5. Outreach and Communication Status Update Estimated
Completion Lead
✔ A) Post to city social media accounts
about youth-focused events and
training opportunities.

City staff shared posts about Library programs, WRD
youth art contest, family disaster preparedness, LAYAC
recruitment, Tri-Valley Innovation Fair, Arbor Day tree planting event, High School Senior Arts Awards,
LVJUSD Science Odyssey, and various holidays in the
recent months. Staff will continue to post and share
partner agency and organization events as well.

Completed CMO
✔ 1. Explore ways to expand
outreach of department
events and activities using
partner agencies/
organizations’ social media
accounts and websites, city
downtown kiosks, flyers and
banners.

Posters in downtown kiosks for department events
have been consistently displayed since July 2021,
including posters about Summer Reading, Black
History Month, Latinx/Hispanic Heritage Month, Water
Resources art contest, and Livermore Reads Together.

Completed CMO
✔ 2. Conduct collaborative
communications campaigns
with partner agencies and
organizations using social
media, websites, kiosks, and
banners.

Staff from city, LVJUSD, and LARPD have agreed to
coordinate a Unity Day event in October 2022 and will
design a communications campaign around it.

Completed CMO
ATTACHMENT 3
552

1. Outreach Status Update Estimated
Completion Lead
A) Social Media Posts CMO/ASD
✔ 1. Post information and invitations to
attend meetings during nonrecruitment periods.

Posted six times during recent recruitment period.

Completed CMO
✔ 2. Post solicitation for applications
during open recruitment periods.

Most recent posts in March and April 2022.

Completed CMO/ASD
✔ 3. Consider paying for social media
ads during recruitment periods.

Staff have built into the recruitment process the option to pay for social media ads. The recent LAYAC
recruitment was shared by partner agencies and other
city social media accounts and resulted in a high
number of applicants. Staff did not feel the needs to
pay for ads because of the organic reach through
account sharing.

Completed CMO/ASD
✔ B) Email distribution lists during open
recruitment periods.

Included in March 25, 2022 e-newsletter.

Completed CMO
✔ C) Include information in community
newsletters.

Advisory Body participation and recruitment
information included in Fall 2022 newsletter. Completed CMO ✔ D) Advertise in local newspapers in
print and online.

Advertised in Independent in March, August, and
September 2022. Completed ASD
ATTACHMENT 3
553

1. Outreach Status Update Estimated
Completion Lead
✔
✔
E) Direct outreach to segments of the
community that may be
underrepresented on advisory
bodies.

1. Conduct a survey of existing
advisory body demographics to
inform where to direct outreach.

2. Email flyers to local businesses,
libraries, community
organizations.

3. Email flyer to LVJUSD to
communicate with families.

4. Partner with LVJUSD school
counselors regarding vacancies
on LAYAC.

Supplied printed Kids and Teens Resources flier with
LAYAC information to Library in July 2022.

Requested LVJUSD and LARPD amplify our
recruitment messaging and specifically target
students to fill LAYAC vacancies in March and August
2022.

Winter 2022-23
Completed
Completed

CMO/ASD

2. Communicate what advisory bodies do
and the value to volunteers Status Update Estimated Completion Lead A) Develop easy-to-understand
descriptions about each advisory
body that includes the value to
volunteers for participating on that
particular body for website.

Spring 2023

ASD/CMO
ATTACHMENT 3
554

2. Communicate what advisory bodies do
and the value to volunteers Status Update Estimated Completion Lead B) Create accompanying graphics for
social media. Spring 2023 ASD/CMO
C) Add Rules of Procedure, Brown Act,
Form 700 documents to advisory
bodies web pages. Spring 2023 ASD/CMO
D) Create informational videos about
each advisory body for advisory
body web pages and for posting to
social media during recruitment and
non-recruitment periods.

Spring 2023 ASD/CMO
ATTACHMENT 3
555

1. Community Outreach Status Update Estimated
Completion Lead
✔ A) Identify and outreach to
communities most affected by
housing issues.

Email distribution lists established for nonprofits and services providers who work most closely with local
vulnerable populations. Completed CDD
✔ B) Share information regarding housing
related matter with the community.

Staff email various housing-related resources,
webinars, and assistance opportunities to email
distribution lists that include local and regional
nonprofits and service providers with a request to share with their networks.

Completed CDD

2. Website Resources Status Update Estimated
Completion Lead
✔ A) Ongoing update of housing
resources on website.

City website has been updated to include latest
information on affordable housing projects and
resources and will be updated regularly. Completed CDD
✔ B) Explore creating informational
videos on housing matters for
website.
• Share videos with community
partners training programs and
events.

Housing Element informational video and StoryMap
added to General Plan website. The General Plan
Advisory Committee is tasked with sharing the video
amongst their networks. Staff will continue to post
about General Plan Update and Housing Element to
social media throughout the process.

Staff is also working on a series of Livermore-specific housing resource and informational videos.

Completed CDD
ATTACHMENT 3
556

1. Stop and Arrest Data Report Status Update Estimated
Completion Lead
✔ A) Outreach to Subgroup B at project
milestones.

Completed. Completed PD
✔ B) Present final report to City Council Stop and Arrest Data report presented to City Council at their February 14, 2022 meeting.

Completed PD
✔ C) Prepare to update report annually,
with goal to have consultant review
and renew report every three to five
years.

Noted. Completed PD

2. Mental Health Clinician Ride-Along
Pilot Program Status Update Estimated Completion Lead
✔ A) Identify key components of an
effective service delivery model.

1. Research similar programs

2. Identify best practices that may
be suitable in Livermore

3. Create pilot program
After researching programs, staff determined a suitable program for Livermore is the co-responder model,
which includes a clinician paired with an officer, and
this team is able to respond to reports of mental health issues and provide the appropriate assistance. The
team will also conduct follow-up contacts and provide
education and proactive efforts to address community
needs.

Completed PD
ATTACHMENT 3
557

2. Mental Health Clinician RideAlong Pilot Program Status Update Estimated Completion Lead
B) Explore collaboration opportunities
with Pleasanton and Dublin.

Staff is discussing with Pleasanton Police Department
as they are currently going through the beginning
stages of their program. Initial discussions have taken place with Dublin. We will continue to coordinate with
them as we move forward.

Spring 2023 PD
C) Implement pilot program. Funding was approved by City Council with the budget in June 2022. Recruitment for position is in process.

Spring 2023 PD

3. Chief’s Advisory Group Status Update Estimated
Completion Lead
✔ A) Invite Subgroup B to participate in
creation of Chief’s Advisory
Group.

Invitations were issued Aug. 12, 2021. Completed PD
✔ B) Establish first Chief’s Advisory
Group.

All Subgroup B members who accepted the invitation to
participate are current Advisory Group members. The
Chief’s Advisory Group first meeting was held on Oct.
18, 2021.

Completed PD
C) Define expectations and an
application/vetting process,
including training requirements for
future participation (i.e., ridealongs, Citizen’s Police Academy, Key to the City)
Staff and Advisory Group members are working on
defining the requirements and process for future
participants. Current members will serve 24 months.

Job posting description approved by HR.

Spring 2023 PD
ATTACHMENT 3
558
CITY COUNCIL STAFF REPORT ITEM NO. 7.2
DATE: October 24, 2022
TO: Honorable Mayor and City Council
FROM: Paul Spence, Community Development Director
SUBJECT: Discussion and direction regarding Livermore Development Code Chapter 4.06 Sign Standards for Temporary Signs.

RECOMMENDED ACTION
Staff recommends the City Council discuss the provisions in the Livermore Development Code regarding temporary signs placed on public property and in the designated public right-of-way and direct staff to address ongoing challenges with allowing temporary signs, including vandalism and theft.

SUMMARY
On August 24, 2020, the Livermore City Council adopted Ordinance No. 2099 amending the Livermore Development Code to include provisions regarding temporary signs, and signs on public property and placed in the designated public right-of-way. The intent of the adopted ordinance is to address challenges with allowing temporary signs including visual impacts, vandalism, and theft. The ordinance includes the following measures:

Eliminates the restriction on displaying temporary signs to certain hours of the day; Permits the placement of temporary signs related to an event to be placed in the designated public right-of-way up to 60 days before the event; and
Revises the definition of "stake sign" to include one or more devices, including metal rods and rigid wire, among the structural supports affixing a sign to the ground.

The City Council is receiving complaints that campaign signs continue to be vandalized, stolen, and installed inconsistent with the City’s existing regulations. Staff recommends the City Council review the existing ordinance regarding temporary signs and direct staff regarding amendments to address visual impacts, vandalism and theft, and installations inconsistent with the existing standards. 559

DISCUSSION
In January and February 2020, the City Council received several complaints that campaign signs were being vandalized, stolen, and installed inconsistent with the City’s existing regulations for commercial and non-commercial temporary signs. On March 9, 2020, the City Council directed staff to develop options for an ordinance to limit the placement of campaign signs in the public right of way.

Staff returned to the City Council on July 27, 2020 recommending the following amendments to address installation issues with temporary signs, vandalism, and theft:

Restrict the placement of commercial and non-commercial temporary signs in the right-of-way to daylight hours between 9:00 a.m. and 5:00 p.m. Signs could only be placed after 9:00 a.m. and would need to be removed before 5:00 p.m. each day.

Signs must relate to an event scheduled for a specific date and shall not be displayed sooner than 90 days before that event. Signs must still be removed within five days following the associated event.

Stake signs shall be constructed of paper or plastic mounted on a wood or metal stick that is pushed or hammered into the ground, and signs shall be no taller than 36 inches above the ground.

In the Downtown Specific Plan (DSP) area only, commercial and non-commercial temporary signs are not permitted in the designated public right-of-way with the exception of A-frame signs. Aframe signs must be:

No larger than 30 inches wide by 48 inches tall,
Displayed only between 9 a.m. to 7 p.m.,
Located within five feet of a front building entrance of commercial uses, Allow for adequate ADA and public access on the sidewalk, and Subject to DSP Chapter 6 design standards, including standards for portable signs.

Any commercial or noncommercial temporary sign placed in the public right-of-way or public property in violation of this section would be subject to removal by the City.

Attachment 1 is the July 27, 2020 staff report, including attachments.

After hearing public comments, and deliberation, the Council voted to deny introducing the ordinance recommended by staff, due in part to concerns with implementation and enforcement. The Council then directed staff to return with a modified ordinance to allow signs to be placed 60 days prior to an election, with no restrictions on the hours signs can be displayed. The City Council subsequently adopted Ordinance 2099 (Attachment 2) on August 24, 2020.

The City Council continues to receive complaints regarding vandalism, theft, and installations inconsistent with the City’s standards. Enforcement of the existing ordinance requires significant staff time and resources. Staff recommends the City Council review and discuss the existing ordinance and direct staff regarding additional amendments to address these ongoing issues.

FISCAL AND ADMINISTRATIVE IMPACTS
560
There are no fiscal and administrative impacts associated with receiving this information. Neighborhood Preservation staff currently spends significant time policing the public right-of-way for sign violations and responding to inquiries from the public regarding alleged violations.

ATTACHMENTS

1. July 27, 2020 Staff Report

2. Ordinance No. 2099
Prepared by: Steve Stewart
Planning Manager
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
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CITY COUNCIL STAFF REPORT ITEM 5.01
DATE: July 27, 2020
TO: Honorable Mayor and City Council
FROM: Paul Spence, Community Development Director
SUBJECT: Development Code Amendment 20-003, Temporary Signs

RECOMMENDED ACTION
Staff recommends the City Council introduce an ordinance approving Development Code Amendment 20-003, Temporary Signs.

SUMMARY
In January and February 2020, the City Council received several complaints that campaign signs were being vandalized, stolen, and installed inconsistent with the City’s existing regulations for commercial and non-commercial temporary signs. On March 9, 2020, the City Council directed staff to develop options for an ordinance to limit the placement of campaign signs in the public right of way.

Staff reviewed several approaches to regulating temporary signs to avoid potential theft or vandalism including: prohibiting temporary signs in the public right-of-way; limiting the placement of temporary signs to certain hours of the day; and limiting the placement of temporary signs to a specific time in advance of an event. The options and staff recommendation are discussed below.

DISCUSSION
First Amendment jurisprudence recognizes a distinction between commercial and noncommercial speech, and that governmental officials must place a message into one or the other category for the purposes of regulation. While the First Amendment protects both commercial and noncommercial speech, it affords noncommercial speech a greater degree of protection. Therefore, care must be taken when crafting a sign ordinance to avoid imposing greater restrictions on noncommercial signs in favor of commercial signs.

The proposed amendments respect that jurisprudence and are intended to further the City’s existing interests for sign regulations and its new interests to add additional 223
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requirements to help address the vandalism and theft of signs, which primarily occurs at night, while preserving the opportunity to place signs in the designated public right-ofway.

The Livermore Development Code (LDC) in Section 4.06.140 regulates commercial and non-commercial temporary signs. Commercial temporary signs are sponsored by a commercial entity with prevailing messages that propose a commercial transaction (real estate leasing and selling activities, temporary retail sales or “now opening” signs). Noncommercial temporary signs provide commentary or advocacy on topics of public debate or concern. Political or campaign signs are non-commercial temporary signs.

Non-commercial temporary signs are currently and will continue to be allowed on private property in all zoning districts. Non-commercial and commercial signs are generally not allowed on any public property except in the public right-of-way as explained below.

Currently non-commercial temporary signs may be placed in the public right-of-way. The public right-of-way includes the street and an area about ten feet wide behind the curb.

These signs are typically located adjacent to sidewalks in landscaped areas but are prohibited on street medians, sidewalks or streets, traffic signals, streetlight poles, and utility poles. In addition, temporary signs are prohibited within school sites, parks and other public property and have minimum spacing requirements (see Attachments 1 and 3 for existing temporary sign regulations). Commercial and non-commercial A-frame signs are also permitted in the public right of way in the Downtown area per the requirements of the Downtown Specific Plan.

Staff is recommending Development Code amendments to address the challenge of allowing temporary signs and addressing vandalism and theft. The size and placement restrictions in the existing ordinance summarized above would generally be preserved with the following key additional requirements (see Attachment 2 – redline version of Code changes):
x Restrict the placement of commercial and non-commercial temporary signs in the right-of-way to daylight hours between 9:00 a.m. and 5:00 p.m. Signs could only be placed after 9:00 a.m. and would need to be removed before 5:00 p.m. each day.
x Signs must relate to an event scheduled for a specific date and shall not be displayed sooner than 90 days before that event. Signs must still be removed within five days following the associated event.
x Stake signs shall be constructed of paper or plastic mounted on a wood or metal stick that is pushed or hammered into the ground, and signs shall be no taller than 36 inches above the ground.
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x In the Downtown Specific Plan (DSP) area only, commercial and non-commercial temporary signs are not permitted in the designated public right-of-way with the exception of A-frame signs. A-frame signs must be:
o No larger than 30 inches wide by 48 inches tall,
o Displayed only between 9 a.m. to 7 p.m.,
o Located within five feet of a front building entrance of commercial uses, o Allow for adequate ADA and public access on the sidewalk, and o Subject to DSP Chapter 6 design standards, including standards for portable signs.
x Any commercial or noncommercial temporary sign placed in the public right-of-way or public property in violation of this section would be subject to removal by the City. If this amendment is approved, Neighborhood Preservation staff will develop enforcement protocols for the removal and storage of those signs, as well as for their retrieval and possible destruction if not retrieved.

This approach allows signs to be displayed during the most active times of the day.

Removing signs during nighttime hours would significantly reduce vandalism and theft.

Additionally, this approach requires increased responsibility for those wishing to display temporary signs within the public right-of-way.

Less significant temporary sign Development Code changes are also proposed for formatting and internal consistency (see Attachment 2).

The proposed Development Code amendment is exempt from review under the California Environmental Quality Act (CEQA) under Section 15061(b)(3) - the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

PLANNING COMMISSION RECOMMENDATION
The Planning Commission held a public hearing on the proposed project at its meeting of July 7, 2020. The Planning Commission expressed concern regarding the time of day limitations (i.e. 9 a.m. to 5 p.m.) for temporary signs. Such limitations could create an undue burden on persons wishing to display temporary signs. They were generally in agreement with limiting temporary signs to a specified time period prior to an event, but some thought 90 days may be too long.

The Planning Commission voted 2-1 (two Commissioners were absent) to recommend denial of the Development Code amendment as proposed. The Commission did, however, recommend on a 2-1 vote that the City Council consider allowing noncommercial and commercial temporary signs only up to 30 days before a scheduled event, instead of the 90 days that staff is recommending. See Attachments 4, 5 and 6 for the Planning Commission staff report, draft minutes and resolution. 225
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FISCAL AND ADMINISTRATIVE IMPACTS
There are no direct initial costs other than printing new public information flyers.

Neighborhood Preservation staff currently spends significant time policing the public right-of-way for sign violations. This Code amendment will initially require additional staff time to explain and enforce the new standards. The proposed Code amendments would better describe a violation and allow City staff to develop enforcement protocols for the removal, storage and retrieval of those signs.

ATTACHMENTS

1. Current Livermore Development Code Section 4.06.140

2. Redline Edits of Livermore Development Code

3. City’s Existing Public Information Political Campaign Flyer

4. Planning Commission Staff Report July 7, 2020

5. Planning Commission Draft Meeting Minutes July 7, 2020

6. Planning Commission Resolution
Prepared by:

Susan Frost,
Special Projects Coordinator
Approved by: Fiscal Review by:

Marc Roberts Douglas Alessio
City Manager Administrative Services Director
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Civil Code Section 713

4.06.060 Signs on Public Property
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4.06.070 Measurement of Sign Area and Height
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4.06.130 Master Sign Program

4.06.140 Temporary Signs
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Civil Code Section 713
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4.06.150 Transect Zones (T4 Neighborhood-Open, T4 Main Street-Open, T4 Main Street) ATTACHMENT 1
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1 Livermore Development Code

4.06.060 Signs on Public Property and in the Designated Public Right-of-Way No signs are allowed on public property or in the designated public right-of-way, except for the following:

A. A public sign erected by or on behalf of the City or other public entity to post legal notices, identify public property, convey public information, or direct or regulate pedestrian or vehicular traffic.

B. An informational sign of a public utility or transit company regarding its poles, lines, pipes, facilities, or routes.

C. An emergency warning sign erected by the City or other public entity, a public utility company, or contractor doing authorized or permitted work on public property.

D. A cCommercial and noncommercial temporary signs in a residential zoning district as authorized under that satisfy the requirements in Section 4.06.140.B (Temporary Signs in Residential Zoning Districts).

E. Signs constructed by the City to direct persons to specific districts, regions, or public facilities.

F. A single banner sign over Fourth Street between South J Street and South K Street and over North Livermore Avenue between Chestnut Street and Railroad Avenue. All such signs are subject to the following regulations:
1) The permitted sign shall be:
a) Noncommercial; or
b) Associated with a civic, community, educational, or cultural event. 2) The sign applicant must apply for an encroachment permit with the City engineer or his or her designee.
3) The City engineer upon review and approval by the planning division shall allow such signs on a first-come, first-served basis for a period not to exceed 14 days per sign.
4) A reservation for installation of a sign is not transferable. The sign locations shall be reserved for use by the City of Livermore during the three weeks prior to any local election.
5) The sign must be installed by the City.
6) The City may charge a reasonable fee to cover the cost of installing the sign, as determined by a resolution of the City Council. Livermore Valley Joint Unified School District and the Livermore aArea rRecreation and pPark dDistrict shall each be granted two free banner installations in a calendar year.

4.06.140 Temporary Signs
A. Temporary signs in commercial and industrial zoning districts. In addition to the permanent signs allowed in this chapter, temporary signs are permitted in Specific Plans, Planned Unit Development (PUD) and Planned Development (PD) district areas that allow commercial and industrial uses and the following zoning districts designated as Neighborhood Business Commercial (CNB), Commercial Service (CS), Highway Service Commercial (CHS), Commercial Office (CO), Professional Office (CP), Research and Development (I-1), Light Industrial (I-2), Heavy Industrial ATTACHMENT 1
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2 (I-3), T4 Neighborhood-Open, and Neighborhood Mixed Use (NMU), subject to the following:
1) Only the following types of temporary signs are permitted:
a) A freestanding A-frame sign;
b) A window painting;
c) A banner sign;
d) A beacon;
e) A stake sign constructed of paper or plastic mounted on a wood or metal stick.
2) Prior to displaying a temporary sign which contains commercial sign copy, the owner of such a sign shall register the sign with the Planning Division by completing a form provided by the City. The form shall include the owner’s name, address and telephone number, as well as dates the owner intends on displaying the sign. The City may charge a reasonable registration fee to cover the cost of inspection and enforcement, as determined by resolution of the City Council.
3) A freestanding A-frame sign, window painting or banner sign shall be displayed no more than 35 days in any three-month period on private property. 4) Each parcel shall have no more than one freestanding A-frame sign, window painting or banner sign.
5) For commercial and noncommercial signs on developed parcels, the maximum sign area of a freestanding A-frame sign, stake, or banner sign is one-half of the sign area permitted for a permanent sign in the district in which the parcel is located. For vacant parcels, no commercial signs are permitted. Noncommercial signs are permitted as long as the signs do not exceed four square feet per sign and no two signs with the same copy are located closer than 50 feet from each other.
6) A temporary sign may not be illuminated.
7) A window painting may cover only up to 50 percent of the window area. 8) A temporary freestanding A-frame sign is subject to the following requirements:
a) Maximum size of temporary freestanding A-frame signs is 30 inches wide by 48 inches tall; and
b) A temporary freestanding A-frame sign must be placed on private property or in a landscaped area.
9) Each parcel shall have no more than one beacon, subject to the following requirements:
a) A beacon may be displayed no more than 10 days per year; b) A beacon must be located on-site;
c) A beacon may not create a hazard to pedestrians, vehicles, or aircraft due to its location or movement; and
d) A beacon may only operate during the business hours of the use being identified.
10) Commercial and noncommercial temporary signs are not permitted on public property. For clarification, the term public property for this prohibition means both real property owned by a public entity as well as physical property, including but not limited to, traffic lights, street lights, and utility infrastructure.

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3 11) In the Downtown Specific Plan (DSP) area only, commercial and noncommercial temporary signs are not permitted in the designated public right-ofway with the exception of A-frame signs, which must be:
a) No larger than 30 inches wide by 48 inches tall;
b) Displayed only between 9 a.m. to 7 p.m.;
c) Located within five feet of a front building entrance of only commercial uses;
d) Allows for adequate ADA and public access on the sidewalk; and e) Subject to DSP Chapter 6 design standards, including standards for portable signs.
10) Noncommercial temporary signs (including campaign and political signs) are permitted iPublic property and public right-of-way signs located on public property or the designated public right-of-way are subject to the following regulations:
a) No commercial or non-commercial signs are permitted on public property; and 11)12) No commercial signs are permitted in the designated public right-of-way, but not in the street, street median, . Non-commercial signs are permitted in all zoning districts;or sidewalk in commercial and industrial zones other than the DSP, subject to the following: provided, signs do not exceed four square feet per sign and no two signs with the same copy are located closer than 50 feet from each other, per street frontage. Corner properties may have two of the same sign at the corner.
a) No commercial or noncommercial signs are permitted on public property; and
b) No commercial signs are permitted on the designated public right-of-way.

Non commercial signs are permitted in all zoning districts; provided signs do not exceed four square feet per sign and no two signs with the same copy are located closer than 50 feet from each other, per street frontage.

Corner properties may have two of the same sign at the corner. a) The signs must relate to an event scheduled for a specific date and shall not be displayed sooner than 90 days before that event; b) May only be displayed between the hours of 9 a.m. and 5 p.m. each day; c) Signs must be stake signs with a maximum size of four square feet; d) No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
e) Corner properties may have two of the same sign at the corner; and, f) All noncommercial temporary signs shall be removed within five days after the event to which they pertain.

B. Temporary signs in residential zoning districts. In addition to permanent signs allowed in this chapter, temporary signs are permitted in Specific Plans, Planned Unit Development (PUD) and Planned Development (PD) district areas that allow residential uses and in zoning districts designated as Downtown Specific Plan (DSP), Suburban Multiple Residential (RG), Multi-Family Residential (MFR), Suburban Residential (RS), Low Density Residential (RL), Rural Residential (R-R), T3 Neighborhood, and T4 Neighborhood, subject to the following:
1) A temporary sign may be placed on private property subject to the following:
a) Noncommercial signs.

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4 (1) Maximum four square feet per sign;
(2) No limit on the number of signs permitted; and
(3) Signs must be a stake sign.
b) Commercial signs.
(1) Signage pursuant to Civil Code Section 713 may be freestanding or wall mounted; and
(2) Signs pursuant to a master sign program associated with a residential development are exempt; except they may not exceed 32 square feet and may not exceed one per parcel.
(3) A temporary commercial sign shall not be displayed for more than 35 days in any three- month period on private property. 2) A noncommercial temporary sign (including campaign and political signs) may be placed in the designated public right-of-way, but not the street, street median, or sidewalk, subject to the following:
a) Noncommercial signs;
a) Signs must related to an event scheduled for ra specific date and shall not be installed sooner than 90 days before that event;
b) Signs shall only be displayed in the public right-of-way between the hours of 9:00 a.m. and 5:00 p.m. each day;
b)c) Signs must be stake signs with a maximum size of four square feet; c)d) No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
d)e) Corner properties may have two of the same sign at the corner; e)f) All temporary noncommercial temporary signs shall be removed within five days after the event to which they pertain.
3) A Ccommercial temporary signs (including garage sale signs and real estate signs) may be placed in the designated public right-of-way, but not the street, street median, or sidewalk, subject to the following:
a) A temporary commercial sign shall not be displayed for more than 35 days in any three-month period on private property.
b)a) Signs must relate to an activity permitted within a residential zoning district;
c)b) Signs are only allowed on Thursdays, Saturdays and Sundays between the hours of 9:00 a.m. and 5:00 p.m.;
d)c) Signs are limited to four square feet;
e)d) Only one sign per each advertised activity (e.g., a house for sale, etc.) may be placed at each street intersection leading from the two nearest major streets (reflecting two independent access routes) to the site of the advertised activity;
f)e) Only one sign per each advertised activity, up to a maximum of three signs total, may be placed at any street intersection corner; and g)f) The sign must be placed so that a minimum of four and one-half feet remains clear on the sidewalk for pedestrians if not other location is possible.
4) All temporary commercial signs are permitted for a total of 35 days per a calendar quarter.
5)4) Commercial and non-commercial temporary signs are not permitted on public property. For clarification, the term public property for this prohibition means ATTACHMENT 2
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5 both real public property and physical public property, including but not limited to traffic lights, street lights, and utility infrastructure 6) No temporary commercial or noncommercial signs are permitted on public property or to be placed in the street or median areas.

C. Enforcement. Any commercial or noncommercial temporary sign placed in the public right-of-way or public property in violation of this section shall be subject to removal by the City and enforcement using the remedies in Chapters 1.20, 8.14, and 8.15 in the Municipal Code, and such other remedies the City may have. The Neighborhood Preservation staff shall develop enforcement protocols for the removal and storage of those signs, as well as for their retrieval and possible destruction if not retrieved.

Section 11.01.020 Definitions of Specialized Terms and Phrases Stake sign. A sign constructed of paper or plastic mounted on a wood or metal stick that is pushed or hammered into the ground, and the top of which is less than 36 inches above the ground.

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1052 South Livermore Avenue
Livermore, CA 94550-4899
(925) 960-4437(925) 960-4429(925) 960-4104
www.cityoflivermore.net
§
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10’ Sidewalk
Street
Curb
Landscape Area
Private Property
xxxxxxxx
xxx
xxxx
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PLANNING COMMISSION STAFF REPORT
1 TO: Chairperson Fagundes and
Members of the Planning Commission
PREPARED BY: Susan Frost, Special Projects Coordinator
REVIEWED BY: Steve Stewart, Planning Manger
Steve Riley, Principal Planner
DATE: July 7, 2020
SUBJECT: Development Code Amendment 20-003, Temporary Signs

SUMMARY RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution recommending the City Council instruct staff to file a Notice of Exemption and approve Development Code Amendment (DCA) 20-003 to implement stricter limitations on temporary signs relating the location, time of day, number of days for commercial and non-commercial temporary signs in the public right of way in all zoning districts.

BACKGROUND
In January and February 2020, the City Council received several complaints that campaign signs were being vandalized, stolen, and installed inconsistent with the City’s existing regulations for commercial and non-commercial temporary signs. On March 9, 2020, the City Council directed staff to develop options for an ordinance to limit the placement of campaign signs in the public right of way.

Campaign signs are vandalized or stolen in nearly every election. Many are inadvertently placed in locations that are inconsistent with the City’s existing regulations. This problem impacts nearly every candidate and ballot measure, as well as the campaigns advocating for or against them. Those activities are illegal, but the high number of campaign signs placed during an election make it problematic to enforce compliance and identify responsible parties.

The problem is magnified in Livermore since its ordinances allow campaign signs to the placed in the public right of way. Unlike campaign signs on private property that are generally supervised by people at those locations, campaign signs placed in the public ATTACHMENT 4
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2 right are left largely unattended. The absence of regular oversight makes those signs vulnerable to vandalism and theft.

Earlier this year, the campaigns participating in Livermore’s March 2020 election expressed a shared complaint that the problem was more rampant than ever before, and that reactions and accusations were becoming increasing hostile. For example, there were allegations that campaign signs were repeatedly stolen from certain locations, that signs were cut to pieces in a threatening manner, and that signs were marred by graffiti to alter their meaning. That experience added to the natural tension inherent in every election.

Many community members expressed concern that the activities were unnecessarily dividing the community. Rather than focusing the campaign conversation on the merits of the measure, the campaigns for and against the measure exchanged accusations against each other that their supporters were engaged in illegal activities.

Staff has identified the following options to amend the City’s sign ordinance to address campaign sign theft and vandalism, and the constitutional requirements to respect the hierarchy of non-commercial and commercial speech.

STAFF ANALYSIS
First Amendment jurisprudence recognizes a distinction between commercial and noncommercial speech, and that governmental officials must place a message into one or the other category for the purposes of regulation. While the First Amendment protects both commercial and noncommercial speech, it affords noncommercial speech a greater degree of protection. Therefore, care must be taken when crafting a sign ordinance to avoid imposing greater restrictions on noncommercial signs in favor of commercial signs.

The City has exercised its authority to adopt a sign ordinance to regulate signs in Livermore to implement its interest in community aesthetics through the control of visual clutter, for pedestrian and driver safety, and based upon the findings and determinations when the ordinance was first adopted.

The proposed amendments respect that jurisprudence and are intended to further the City’s existing interests for its sign regulations and its new interests to add additional requirements to help address the vandalism and theft of signs, which primarily occurs at night, while preserving the opportunity to place signs in the designated public right-ofway.

The Livermore Development Code (LDC) in Section 4.06.140 regulates commercial and non-commercial temporary signs and the City summarizes these regulations in a public flyer (see Attachments 1 and 2). Commercial temporary signs are sponsored by a commercial entity with prevailing messages that propose a commercial transaction (real estate leasing and selling activities, temporary retail sales or “now opening” signs). NonATTACHMENT 4 240
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3 commercial temporary signs provide commentary or advocacy on topics of public debate or concern. Political or campaign signs are non-commercial temporary signs.

Generally, the City cannot create or enforce stricter regulations on temporary noncommercial signage, than for temporary commercial signage. The City can consider different regulations for different parts of the City if the regulations within that geographic area do not favor commercial signs over non-commercial signs.

Non-commercial temporary signs are currently allowed on private property in all zoning districts. Non-commercial temporary signs may also be placed in the public right-of-way (ROW) (generally within 10 feet of back of curb (but varies some older parts of City) and must meet the following restrictions among others:
x maximum of four square feet per sign;
x signs must be stake signs;
x no two signs with the same copy may be closer than 50 feet of each other per street frontage;
x corner properties may have two of the same signs at the corner; and x signs must be removed within five days following the associated event (e.g. after the election date)
These signs are typically located adjacent to sidewalks in landscaped areas but are prohibited on street medians, sidewalks or streets, traffic signals, streetlight poles, utility poles, schools, parks and public property.

Commercial and non-commercial A-frame signs are also permitted in the public ROW in the downtown area per the requirements of the Downtown Specific Plan.

As discussed above, the primary concern with temporary campaign signs is vandalism and theft, particularly signs placed in the ROW. Potential solutions include:

1. prohibiting placement of all temporary signs in the ROW (except governmental public information and traffic safety signs);

2. prohibiting the placement of commercial and non-commercial temporary signs in the ROW during certain hours of the day; and

3. prohibiting placement of commercial and non-commercial temporary signs in the ROW during a specific time in advance of standard election dates.

The first option above would prohibit both commercial and non-commercial temporary signs in the ROW. This would limit campaign signs to private property only (with property owner’s permission) and have little effect on campaign signs on private residential property. However, it would require that campaign signs be placed on private commercial property with property owner permission and outside of the public ROW. It may be more difficult to get a commercial property owner to agree to signage and time consuming to find the right person to get said permission.

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4 The second option would be to allow commercial and non-commercial temporary signs in the ROW only during certain hours of the day, for example, 9 a.m.- 5 p.m., or 6 a.m. to 8 p.m. to allow more exposure to daily commuters. With this approach, temporary signs would be placed in the morning and removed in the evening each day. While this approach would likely decrease potential problems with vandalism and theft, it would require additional effort and possibly cost for those wishing to display temporary signs. It may also present enforcement challenges for the City’s Neighborhood Preservation staff.

The third option is prohibiting the placement of commercial and non-commercial temporary signs in the ROW during a specific time in advance of standard election dates, such as 60 or 90 days and letting signs stay out all day and night with no time restrictions.

A fourth option is to create a hybrid amendment that includes elements from the different options above. One option would be to allow temporary signs during certain hours and establishing a specific time they are out, 60 or 90 days before the election.

RECOMMENDATON
Staff is recommending Development Code amendments as shown in Attachment 3 to address the challenge of allowing temporary signs and addressing vandalism and theft.

The size and placement restrictions in the existing ordinance described above would generally be preserved with the following key additional requirements:
x Restrict the placement of commercial and non-commercial temporary signs in the ROW to daylight hours between 9:00 a.m. and 5:00 p.m. Signs could only be placed after 9:00 a.m. and would need to be removed before 5:00 p.m. each day. x Signs must relate to an event scheduled for a specific date and shall not displayed sooner than 90 days before that event. Signs must still be removed within five days following the associated event.
x Stake signs shall be constructed of paper or plastic mounted on a wood or metal stick that is pushed or hammered into the ground, and signs shall be no taller than 36 inches above the ground.
x Any commercial or noncommercial temporary sign placed in the public right-of-way or public property in violation of this section shall be subject to removal by the City.

Neighborhood Preservation staff shall develop enforcement protocols for the removal and storage of those signs, as well as for their retrieval and possible destruction if not retrieved.

This approach allows signs to be displayed during the most active times of the day.

Removing signs during nighttime hours would significantly reduce vandalism and theft.

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5 Additionally, this approach requires increased responsibility for those wishing to display temporary signs within the ROW.

Neighborhood Preservation currently spends significant time policing the ROW for sign violations. The ordinance amendments would better describe a violation and allow City staff to develop enforcement protocols for the removal and storage of those signs.

In addition to the amendments summarized above, less significant changes are proposed for formatting and internal consistency.

SUMMARY
The proposed Development Code amendment revises the regulations for the placement of temporary commercial and non-commercial signs in the public right-of-way. The revisions are intended to support and provide for free speech in the community through temporary signs while addressing concerns with vandalism, theft, aesthetics and public safety.

OTHER AGENCY/DEPARTMENT COMMENTS
None

ENVIRONMENTAL DETERMINATION
The proposed project is exempt from review under the California Environmental Quality Act (CEQA) under Section 15061(b)(3) - the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Staff finds that the proposed amendments to the Development Code would not result in significant effect on the environmental as the ordinance addresses temporary signs and not permanent alternations to the environment.

ATTACHMENTS

1. Development Code Temporary Sign Section 4.06.140

2. Flyer for current regulations of campaign signs

3. Draft Ordinance showing redline changes to Development Code

4. Planning Commission Resolution
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PLANNING COMMISSION MINUTES 11 JULY 7, 2020
DRAFT

PLANNING COMMISSION

DRAFT MEETING MINUTES
JULY 7, 2020

5. PUBLIC HEARINGS

5.03 Hearing to consider amending the Livermore Development Code regarding, Temporary Signs, including Section 4.06.140, to update sections relating the location, time of day, number of days for commercial and non-commercial temporary signs in all zoning districts.
x Location: Citywide
x Site Area: Not applicable
x Applicant: City of Livermore
x Application Number: Development Code Amendment (DCA) 20-003 x Public improvements: Not applicable
x Zoning: Various
x General Plan: Various
x Historic Status: Not applicable
x CEQA: Recommend finding the project is exempt from the California Environmental Quality Act under Section 15061(b)(3) that the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
x Project Planner: Susan Frost, Special Projects Coordinator Recommendation: Staff recommends the Planning Commission adopt a resolution recommending the City Council instruct staff to file a Notice of Exemption with the Alameda County Clerk and approve Development Code Amendment (DCA) 20-003.

Susan Frost, Special Projects Coordinator, presented the staff report.

Chairperson Fagundes opened the public hearing. No one came forward and the public hearing was closed.

Commissioner Bonanno asked and confirmed that the A-frame signs similar to the ones seen on First Street in front of restaurants in the evening would still be allowed and the ordinance amendment allows them to be displayed between 9AM and 7PM or 2 hours longer than the cut-off in other areas other than the downtown.

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Commissioner Bonanno said she supports the ordinance change but worries about businesses downtown that hold evening business, such as Aviation who has an A-frame that directs people in the evening. She asked if these would not be allowed after 7PM, and Ms. Frost confirmed.

Commissioner Bonanno asked and confirmed with staff that the Planning Commission is making a recommendation to the City Council. She believed there were parts of the City where it is an undue restriction on places that are active after 7PM.

Commissioner Stein asked if it was possible to distinguish between commercial and campaign signs in any way and asked how this will be enforced given it is outside of normal working hours, noting it may be hazardous if people are putting up and taking down signs in the dark.

He also asked how regional campaign signs will be managed if non-City agencies do not read the City’s ordinance. Lastly, this tends to favor incumbents and one of the major uses of signs is to get the candidate s’ names before the public.

Principal Planner Steve Riley responded that the City must allow commercial and noncommercial signs under the same regulations and cannot impose restrictions on one and not the other.

Ms. Frost added that the ordinance specifically relates to commercial signs and noncommercial and not just campaign signs which are a form of non-commercial signs but the distinction is really commercial and non-commercial. They are being treated similarly.

She said staff wanted to do something less restrictive than prohibiting all signs altogether in the public right-of-way, so this was a compromise as a way to achieve goals while still providing some form of restrictions.

Mr. Stewart said in terms of enforcement it is always a challenge with these types of signs during any time of the year. Enforcement would be through the City’s Neighborhood Preservation Department and the Police Department and their employees. It does offer enforcement opportunities around the clock, but it is difficult on weekends, given higher priorities. He stated Doug Martin, Neighborhood Preservation Manager, is present and can add to his comments.

Neighborhood Preservation Manager Doug Marin referred to enforcement outside of normal working hours and said staff most likely would not be doing any enforcement in the evenings past 5PM and staff starts at 7AM so the 9AM timing provides the opportunity for staff to monitor those areas and remove any signs. This also could have some influence on the downtown A-frame signs if those needed to go a little later.

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Again, he said they would monitor in the morning when they are not likely to be out, and an extension of hours in the evening is much less of a burden to staff than the earlier morning hours would be.

Mr. Riley said in regards to getting information out to the different campaigns, when folks file to run in the local elections they must review rules and procedures relating to signs with the City Clerk. The City Clerk would convey the new code amendments to those running for office to ensure they know the rules.

Chairperson Fagundes re-opened the public hearing to accept two comments that came in during the public hearing.

Evan wrote: After the vandalism from the last campaign season, he encouraged the Commission to pass this ordinance and encourage the time to be extended by about 2 hours on each end.

Chad wrote: What is the goal of restriction of campaign signs the Commission intends to achieve?
Chairperson Fagundes closed the public hearing.

Chairperson Fagundes said he has concerns with the risk associated with installing signs along the roadway which causes hazards as well as having them gathered after the election. He thinks enforcement will be difficult and does not know how practical the timeframe is.

Commissioner Bonanno said she would support increasing the time to make it more open, cited issues with campaign signs which have been defaced, destroyed, thrown into the landscape, and thinks this is primarily what this is intended to address.

She said she still finds signs from over a year ago when walking and thinks this addresses the issue and would like to see the window expanded so as not to penalize businesses. She also appreciates Mr. Martin’s comments, and thinks the hazards of people pulling signs out of the right-of-way will not happen often. And, while unfortunate to take this action, she completely supports it.

Commissioner Stein said he generally is opposed to vandalism but it is a balance between free speech and over-regulation and said he will probably oppose the recommendation. He thinks the campaign signs for individuals are generally less often vandalized than the initiative where feelings run high but overall, it is a balance between free speech and regulation and he is willing to tolerate the vandalism. He wished people would remove signs at the end of a campaign but stated he will probably not support the change in the sign ordinance.

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Chairperson Fagundes agreed and if a sign is seen lying in a ditch the City should be enforcing fines if they are not picked up within five days past the event. But, when putting out signs, unfortunately there are vandals and these are just some of the things that happen. This is the risk someone takes for putting signs out in the public right-of-way and he does not think there is anything stopping people from picking up their signs, so he thinks this is a bit stiff.

He could support something where the window to put signs out before an election or event for a 60 to 90 day period, but if anything is changed they should establish a window of days rather than hours. Enforcing it will be difficult as well and thinks this causes more enforcement and hazards and could not support the change. He could support narrowing down the days to between 60 and 90 days.

Commissioner Bonanno said she thought there was already a restriction of when signs can be put up.

Mr. Martin stated there currently is no time limit preceding an election.

Chairperson Fagundes stated he would not mind making a recommendation to indicate between 75 days or 90 days.

Commissioner Stein asked if the Commission could separate the motion and asked if 60 days had any support.

Commissioner Bonanno said she thinks people do not put signs out before 60 days anyway so she did not think it would make much of a difference.

Chairperson Fagundes agreed and thinks it has been around 60 days. He said he could not support the recommendation but also was not sure there was a motion.

Commissioner Bonanno made a motion for approval. There was no second and the motion died.

Senior Assistant Attorney Kim Cilley stated there is some case law on regulating a certain number of days prior to an election. If this is something staff would like her to look into, she would need additional time because this was not considered.

Mr. Stewart stated the Commission would need to make a recommendation to the City Council and stated in the staff report there is a provision that states, “Signs shall not be displayed sooner than 90 days before the event” so this would be a new one. He assumes this has been vetted against any law in place now. Therefore, the Commission could add that back in, but staff would need a recommendation to the City Council.

Ms. Cilley added that it would be for non-commercial and not just political signs.

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AMENDING MOTION BY STEIN, SECONDED BY FAGUNDES, TO APPROVE THE 90-

DAY LIMITATION ON COMMERCIAL AND NON-COMMERCIAL SIGNS WITH NO TIME LIMITS.

VOTE ON AMENDING MOTION:

AYES: FAGUNDES, STEIN.

NOES: BONANNO
ABSENT: ANDERSON, BJORKLUND.

Mr. Stewart clarified that the Commission needs to be clear that there is an amending motion for the 90 day limitation and the main motion would need to reflect the Commission’s recommendation to the City Council.

Commissioner Stein stated if the Commission votes down the main motion, he asked if this means the amending motion is voted down, given they were not separating them.

Ms. Cilley stated the main motion would be either to recommend the City Council approve or deny. The Commission can make a recommendation of approval and then have amending motions of what the Commission would want changed from what the Resolution is recommending to the Council. Or, the Commission could recommend denial of the Resolution and provide follow-up direction to the Council.

Commissioner Stein stated his intent is that there be a limitation on days before an event for commercial or non-commercial signs, but no limitations as to time of day.

Ms. Cilley stated this would be a recommendation that the City Council approve the change in the ordinance as modified. The Planning Commission resolution would either recommend approval or not and then amending motions to make changes to that proposed ordinance, how the Commission would like it to be different, and to handle those in amending motions.

Commissioner Bonanno asked Mr. Martin when signs usually go up. She thinks the 90- day restriction may be a red herring, so the Commission might be making this more complicated than it needs to be.

Mr. Martin stated 30 days is very typical but staff did receive a complaint of signs going up in the Springtown area already. So, this is very unusual to see them that early.

MOTION BY STEIN, SECONDED BY FAGUNDES, TO DENY STAFF’S
RECOMMENDATIONS AND ADOPT RESOLUTION NO. 21-20, RECOMMENDING THE CITY COUNCIL DENY DEVELOPMENT CODE AMENDMENT (DCA) 20-003.

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AMENDING MOTION BY STEIN, SECONDED BY BONANNO, TO LIMIT COMMERCIAL AND NON-COMMERCIAL SIGNS TO A FIXED PERIOD OF 30 DAYS BEFORE THE EVENT.

VOTE ON AMENDING MOTION:

AYES: BONANNO AND STEIN.

NOES: FAGUNDES.

ABSENT: ANDERSON AND BJORKLUND.

VOTE ON MAIN MOTION:

AYES: FAGUNDES AND STEIN.

NOES: BONANNO.

ABSENT: ANDERSON AND BJORKLUND.

Chairperson Fagundes stated the main motion passes by a vote of 2-1 and he confirmed with Mr. Stewart that staff had direction to recommend to the City Council.

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1 ORDINANCE NO. _____________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

AN ORDINANCE AMENDING THE LIVERMORE DEVELOPMENT CODE, AS AMENDED, OF THE CITY OF LIVERMORE, BY AMENDING PART 4 (GENERAL TO ZONES), CHAPTER 4.06 (SIGN STANDARDS), SECTION 4.06.060 (SIGNS ON PUBLIC PROPERTY) AND SECTION 4.06.140 (TEMPORARY SIGNS); AND PART 11 (DEFINITIONS), CHAPTER 11.01 (DEFINITIONS), SECTION 11.01.020 (DEFINITIONS OF SPECIALIZED TERMS AND PHRASES)

THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:

Section 1. Section 4.06.060 (Signs on Public Property) of the Livermore Development Code is amended to read as follows:

4.06.060 Signs on Public Property and in the Designated Public Right-of-Way No signs are allowed on public property or in the designated public right-of-way, except for the following:

A. A public sign erected by or on behalf of the City or other public entity to post legal notices, identify public property, convey public information, or direct or regulate pedestrian or vehicular traffic.

B. An informational sign of a public utility or transit company regarding its poles, lines, pipes, facilities, or routes.

C. An emergency warning sign erected by the City or other public entity, a public utility company, or contractor doing authorized or permitted work on public property.

D. Commercial and noncommercial temporary signs that satisfy the requirements in Section 4.06.140 (Temporary Signs).

E. Signs constructed by the City to direct persons to specific districts, regions, or public facilities.

F. A single banner sign over Fourth Street between South J Street and South K Street and over North Livermore Avenue between Chestnut Street and Railroad Avenue. All such signs are subject to the following regulations:
1) The permitted sign shall be:
a) Noncommercial; or
b) Associated with a civic, community, educational, or cultural event. 2) The sign applicant must apply for an encroachment permit with the City engineer or his or her designee.
3) The City engineer upon review and approval by the planning division shall allow such signs on a first-come, first-served basis for a period not to exceed 14 days per sign.
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4) A reservation for installation of a sign is not transferable. The sign locations shall be reserved for use by the City of Livermore during the three weeks prior to any local election.
5) The sign must be installed by the City.
6) The City may charge a reasonable fee to cover the cost of installing the sign, as determined by a resolution of the City Council. Livermore Valley Joint Unified School District and the Livermore Area Recreation and Park District shall each be granted two free banner installations in a calendar year.

Section 2. Section 4.06.140 (Temporary Signs) of the Livermore Development Code is amended to read as follows:

4.06.140 Temporary Signs
A. Temporary signs in commercial and industrial zoning districts. In addition to the permanent signs allowed in this chapter, temporary signs are permitted in Specific Plans, Planned Unit Development (PUD) and Planned Development (PD) district areas that allow commercial and industrial uses and the following zoning districts designated as Neighborhood Business Commercial (CNB), Commercial Service (CS), Highway Service Commercial (CHS), Commercial Office (CO), Professional Office (CP), Research and Development (I-1), Light Industrial (I-2), Heavy Industrial (I-3), T4 Neighborhood-Open, and Neighborhood Mixed Use (NMU), subject to the following:
1) Only the following types of temporary signs are permitted:
a) A freestanding A-frame sign;
b) A window painting;
c) A banner sign;
d) A beacon;
e) A stake sign.
2) Prior to displaying a temporary sign which contains commercial sign copy, the owner of such a sign shall register the sign with the Planning Division by completing a form provided by the City. The form shall include the owner’s name, address and telephone number, as well as dates the owner intends on displaying the sign. The City may charge a reasonable registration fee to cover the cost of inspection and enforcement, as determined by resolution of the City Council.
3) A freestanding A-frame sign, window painting or banner sign shall be displayed no more than 35 days in any three-month period on private property.
4) Each parcel shall have no more than one freestanding A-frame sign, window painting or banner sign.
5) For commercial and noncommercial signs on developed parcels, the maximum sign area of a freestanding A-frame sign, stake, or banner sign is one-half of the sign area permitted for a permanent sign in the district in which the parcel is located. For vacant parcels, no commercial signs are 257
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permitted. Noncommercial signs are permitted as long as the signs do not exceed four square feet per sign and no two signs with the same copy are located closer than 50 feet from each other.
6) A temporary sign may not be illuminated.
7) A window painting may cover only up to 50 percent of the window area. 8) A temporary freestanding A-frame sign is subject to the following requirements:
a) Maximum size of temporary freestanding A-frame signs is 30 inches wide by 48 inches tall; and
b) A temporary freestanding A-frame sign must be placed on private property or in a landscaped area.
9) Each parcel shall have no more than one beacon, subject to the following requirements:
a) A beacon may be displayed no more than 10 days per year; b) A beacon must be located on-site;
c) A beacon may not create a hazard to pedestrians, vehicles, or aircraft due to its location or movement; and
d) A beacon may only operate during the business hours of the use being identified.
10) Commercial and noncommercial temporary signs are not permitted on public property. For clarification, the term public property for this prohibition means both real property owned by a public entity as well as physical property, including but not limited to, traffic lights, street lights, and utility infrastructure.
11) In the Downtown Specific Plan (DSP) area only, commercial and noncommercial temporary signs are not permitted in the designated public right-of-way with the exception of A-frame signs, which must be:
a) No larger than 30 inches wide by 48 inches tall;
b) Displayed only between 9 a.m. to 7 p.m.;
c) Located within five feet of a front building entrance of only commercial uses;
d) Allow for adequate ADA and public access on the sidewalk; and e) Subject to DSP Chapter 6 design standards, including standards for portable signs.
12) Noncommercial temporary signs (including campaign and political signs) are permitted in the designated public right-of-way, but not in the street, street median, or sidewalk, in commercial and industrial zones other than the DSP, subject to the following:
a) The signs must relate to an event scheduled for a specific date and shall not be displayed sooner than 90 days before that event; b) May only be displayed between the hours of 9 a.m. and 5 p.m. each day;
c) Signs must be stake signs with a maximum size of four square feet; d) No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
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f) All noncommercial temporary signs shall be removed within five days after the event to which they pertain.

B. Temporary signs in residential zoning districts. In addition to permanent signs allowed in this chapter, temporary signs are permitted in Specific Plans, Planned Unit Development (PUD) and Planned Development (PD) district areas that allow residential uses and in zoning districts designated as Downtown Specific Plan (DSP), Suburban Multiple Residential (RG), Multi-Family Residential (MFR), Suburban Residential (RS), Low Density Residential (RL), Rural Residential (RR), T3 Neighborhood, and T4 Neighborhood, subject to the following:
1) A temporary sign may be placed on private property subject to the following:
a) Noncommercial signs.
(1) Maximum four square feet per sign;
(2) No limit on the number of signs permitted; and
(3) Signs must be a stake sign.
b) Commercial signs.
(1) Signage pursuant to Civil Code Section 713 may be
freestanding or wall mounted; and
(2) Signs pursuant to a master sign program associated with a residential development are exempt; except they may not exceed 32 square feet and may not exceed one per parcel. (3) A temporary commercial sign shall not be displayed for more than 35 days in any three- month period on private property. 2) A noncommercial temporary sign (including campaign and political signs) may be placed in the designated public right-of-way, but not the street, street median, or sidewalk, subject to the following:
a) Signs must relate to an event scheduled for a specific date and shall not be installed sooner than 90 days before that event; b) Signs shall only be displayed in the public right-of-way between the hours of 9 a.m. and 5 p.m. each day;
c) Signs must be stake signs with a maximum size of four square feet; d) No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
e) Corner properties may have two of the same sign at the corner; and, f) All noncommercial temporary signs shall be removed within five days after the event to which they pertain.
3) A commercial temporary sign (including garage sale signs and real estate signs) may be placed in the designated public right-of-way, but not the street, street median, or sidewalk, subject to the following:
a) Signs must relate to an activity permitted within a residential zoning district;
b) Signs are only allowed on Thursdays, Saturdays and Sundays between the hours of 9 a.m. and 5 p.m.;
c) Signs are limited to four square feet;
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d) Only one sign per each advertised activity (e.g., a house for sale, etc.) may be placed at each street intersection leading from the two nearest major streets (reflecting two independent access routes) to the site of the advertised activity;
e) Only one sign per each advertised activity, up to a maximum of three signs total, may be placed at any street intersection corner; and f) The sign must be placed so that a minimum of four and one-half feet remains clear on the sidewalk for pedestrians if no other location is possible.
4) Commercial and non-commercial temporary signs are not permitted on public property. For clarification, the term public property for this prohibition means both real public property and physical public property, including but not limited to traffic lights, street lights, and utility infrastructure C. Enforcement. Any commercial or noncommercial temporary sign placed in the public right-of-way or public property in violation of this section shall be subject to removal by the City and enforcement using the remedies in Chapters 1.20, 8.14, and 8.15 in the Municipal Code, and such other remedies the City may have. The Neighborhood Preservation staff shall develop enforcement protocols for the removal and storage of those signs, as well as for their retrieval and possible destruction if not retrieved.

Section 3. Section 11.01.020 (Definitions of Specialized Terms and Phrases), Subsection S. (Definitions) of the Livermore Development Code is amended as follows:

Section 11.01.020 Definitions of Specialized Terms and Phrases Stake sign. A sign constructed of paper or plastic mounted on a wood or metal stick that is pushed or hammered into the ground, and the top of which is less than 36 inches above the ground.

Section 4. The City Council finds that the proposed project is exempt from review pursuant to California Environmental Quality Act (CEQA) Section 15061(b)(3) - the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and the City Clerk is directed to file a Notice of Determination with the Alameda County Clerk.

Section 5. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Livermore within fifteen days after its adoption and shall take effect and be in force thirty days from and after its adoption.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore City Council held on July 27, 2020, by the following vote:
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AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
_________________________________

MAYOR, CITY OF LIVERMORE
ATTEST: APPROVED AS TO FORM:
_____________________________ _________________________________ Marie Weber Jason Alcala
City Clerk City Attorney
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CITY COUNCIL STAFF REPORT ITEM NO. 7.3
DATE: October 24, 2022
TO: Honorable Mayor and City Council
FROM: Christine Martin, Assistant City Manager
SUBJECT: Discussion and direction on the City Council Subcommittee's recommended revisions to the City Council's Rules of Procedure and the City Council's Norms, Values and Principles of Governance

RECOMMENDED ACTION
The City Council Subcommittee recommends the City Council discuss and provide direction on the Subcommittee's recommended revisions to the City Council's Rules of Procedure and the City Council's Norms, Values, and Principles of Governance.

SUMMARY
Mayor Woerner and Council Member Carling are the Council Subcommittee that collaborated on revisions to the City Council's Rules of Procedure and the City Council's Norms, Values and Principles of Governance. The Council Subcommittee has prepared the attached revisions for Council discussion and direction.

DISCUSSION
Mayor Woerner selected Council Member Carling to be on the Council Subcommittee along with Mayor Woerner to develop revisions to the City Council's Rules of Procedure and the City Council's Norms, Values and Principles of Governance. The Council Subcommittee has prepared the attached revisions for Council discussion and direction.

The Subcommittee will walk through the proposed revisions with the City Council for discussion and direction. The proposed revisions are attached.

FISCAL AND ADMINISTRATIVE IMPACTS
There are no fiscal or administrative impacts associated with this item.

ATTACHMENTS
607

1. Proposed Revisions to Rules of Procedure

2. Proposed Revisions to Norms, Values, and Principles of Governance Prepared by: Christine Martin
Assistant City Manager
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
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CITY COUNCIL MEETING

RULES OF PROCEDURE

1. Authority
These rules of procedure are established for the effective and fair conduct of City Council meetings and to help promote public confidence in the integrity of local government. By adopting these rules, the City Council intends to balance a policy of full and free public action and debate with a need to manage its meetings effectively. [368131].

The rules also include expectations for the appointments to the City’s advisory bodies and their conduct consistent with these rules, and the Mayor’s assignment of the Council Member’s offices and seats on the dais.

2. Purpose
The purpose of these rules is to document the City Council’s accepted practices and to clarify expectations by establishing guidelines for the orderly, consistent, and fair conduct of the City Council’s business.

These rules of procedure are intended to help implement, but do not limit or supersede, the state and local laws that govern the requirements and responsibilities for the City Council’s meetings. Those laws include, but are not limited to, the California Constitution, the Brown Act, the Political Reform Act, the Livermore Municipal Code, and the Livermore Development Code.

These rules of procedure are not intended to limit the inherent power or the general legal authority of the City Council, and failure to follow these rules will not invalidate a City Council action. [City of Pasadena v. Paine, (1954) 126 Cal.App.2d 93].

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

4. Applicability
These rules of procedure apply to the preparation, posting, and distribution of the agendas for City Council meetings. They also relate to the orderly discussion of items and the City Council’s voting procedures to take formal action or provide direction to staff.

Lastly, they relate to respective powers for the Mayor and Council Members. 1 All citations are to the California Government Code unless otherwise noted. 609
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5. Presiding Officer
The Mayor is the presiding officer for each meeting of the City Council that the Mayor attends. In the Mayor’s absence, the Vice Mayor shall be the presiding officer for the meeting when the Vice Mayor is present. In the absence of both the Mayor and the Vice Mayor, the Council Members present at the meeting shall select a presiding officer. [36802].

The presiding officer shall have the Mayor’s duties and responsibilities for conducting City Council meetings.

6. Mayoral Duties and Responsibilities
The Mayor is directly elected at-large for a two-year term in November of each evennumbered year. The Mayor is a member of the City Council and has all the powers of a Council Member, except when exercising his or her unique mayoral duties. The Mayor enjoys, and shall not be deprived of, any rights and privileges as a Council Member.

Additionally, the Mayor shall have all the powers and duties of an elective Mayor as provided by statute including. [34903, 36803; LMC 2.04.020; 81 Ops.Cal.Atty.Gen. 75 (1998)].

6.1 Appointment of Vice Mayor and Vice Mayor Duties and Responsibilities The City Council affirms thathas the Mayor, in statutory power to appoint a Council Member as mayor pro tempore, which is the Mayor’s sole discretion, shall select theposition titled Vice Mayor in Livermore. [34905, 36801].

The Vice Mayor shall be selected for a one-year term and shall be selected at the meeting certifying the election results in each even-numbered year and in December of each oddnumbered year, and affirms that the. The Vice Mayor shall have all the powers and duties of a mayor pro tempore as provided by statute. The City Council has the power to appoint theMember selected as Vice Mayor (mayor pro-tempore), but by the adoption of this rule by a majority oftypically rotates among the Council Members expressly delegate that authority to the Mayor. [34905, 36801]..

If the Mayor is absent or unable to act, the Vice Mayor shall then serve for the Mayor, and shall have all of the powers and duties of the Mayor until such time as the Mayor returns or is again able to act. [34905, 36801].

6.2 Appointments to Intergovernmental Agencies
The Mayor, in the Mayor’s sole discretion, shall appoint Council Members to serve on the various regional boards, commissions, and committees that require a City Council representative. [40605; LMC 2.04.020; 81 Ops.Cal.Atty.Gen. 75]. The appointments shall be made in December of each year, and periodically as the Mayor finds necessary. 610
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The Mayor has the sole power to create and appoint Council Members to ad hoc City Council subcommittees.

6.2 Reserved

6.3 Seats on the Dais
The Mayor shall sit at the center of the dais for all City Council meetings. If the Mayor is absent, the Presiding Officerpresiding officer shall sit at the center of the dais.

In December of each year, the Mayor shall assign the seats for the Vice Mayor and the Council Members on the dais. The Mayor should ask Council Members if they have any special needs that should be accommodated before making the assignments.

6.4 Council Member OfficesRooms
The Mayor shall have use of office 216 at City Hall, or such other designation as that office may be given.

In December of each even-numbered year, the Mayor shall assign the use of officesrooms 218, 219, 220, and 222, or such other designation as those officesrooms may be given, to the Vice Mayor and the Council Members. Once assigned for use, each Council Member has the right to stay in a room they are occupying. The Mayor and each Council Member shall vacate their assigned rooms within two weeks of the date their respective terms of office expire.

6.5 Conducting Meetings
The Mayor’s duties and responsibilities for conducting City Council meetings as the presiding officer are as follows:

6.5.1 Call to Order
The Mayor shall call the meeting to order at the appointed time. If both the Mayor and the Vice Mayor are absent, then the City Clerk shall call the meeting to order and the Council Members present shall then select a presiding officer for that meeting. who shall have the Mayor’s duties and responsibilities for conducting the meeting.

6.5.2 Preservation of Order
The Mayor shall preserve strict order and decorum, and shall discourage personal, verbal attacks on Council Members, staff, and/or citizensthe public, but shall not prohibit criticisms of the policies, procedures, programs, or services of the City, or 611
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of the acts or omissions of the City Council or members of the City staff. The Mayor shall confine debate to the item under discussion. [36813, 38638, 54954.3, 54957.9].

6.5.3 Questions of Parliamentary Procedure
The Mayor shall determine all questions of parliamentary procedure in consultation with the City Attorney and City Manager.

6.5.4 Reordering of Agenda
The Mayor may reorder the items on the agenda for a noticed meeting to accommodate members of the public who wish to speak on an agenda item that would otherwise be considered by the City Council later in the meeting. The Mayor shall announce the reorder prior to calling members of the public to speak during citizensopen forum.

6.5.5 Motion to Be Stated
The Mayor shall state all motions submitted for a vote by the City Council and announce the result of the vote and identify the no votes and any Council Members that abstained or recused themselves from the vote. A roll call vote shall be taken for all teleconferenced and hybrid meetings and taken upon the request of any Council Member. No action shall be taken by secret ballot, but electronic tabulation may be used to record and report roll call votes. [54953(b)(2) and (c)(2)].

7. General Rules – City Council Meetings
The City Council endorses, and agrees to comply with, the Brown Act. In the event of a conflict between the Brown Act and these rules of procedure, the Brown Act shall control. [54950 et seq., 54953].

City Council meetings shall be open to the public, but the public shall be excluded from closed sessions as authorized by state law. [54953(a), 54957].

City Council meetings, except for closed sessions, shall be open to the media. The media shall be excluded from closed sessions as authorized by state law. [54953, 54953.5, 54957, 54957.9].

City Council meetings may be recorded by the public and the media, provided such recordings do not interfere with orderly conduct of the meetings and do not constitute a persistent disruption of the proceedings.

7.1 City Council Meeting Schedule
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Each July, the City Council shall approve and thereafter follow an annual calendar for its regular meetings in the upcoming year. The annual calendar shall also identify dates for anticipated special meeting workshops. [36805]. When scheduling meeting dates, care should be taken to avoid conflicts with national holidays or dates that would preclude participation by members of the public due to religious or other observances.

7.2 Quorum
The presence of three Council Members shall constitute a quorum of the City Council necessary to transact business at a meeting. In the event a quorum is not in attendance, those attending the meeting will be named in the minutes, and they shall adjourn the meeting to a set date, time, and location. If all Council Members are absent, the City Clerk shall adjourn the meeting to a set date, time, and location. [36810, 36811].

7.3 Absences

7.3.1 Absence and Compelling Attendance
Council Members who are unable to attend a City Council meeting must request that the Mayor issue anrecognize the absence as excused absence. The purpose of an excused absence is not to relieve Council Members of their responsibility to be present, but is intended to provide the Mayor with an opportunity to ensure an absence is reasonable and to impress upon the Council Member, where necessary, the importance of regular attendance. The minutes shall note whether a Council Member’s absence is excused. If a Council Member is repeatedly absent, the City Council may adjourn from day-to-day to compel the absent Council Member’s attendance under the penalties prescribed by State law. [36513, 36810, 36813].

7.3.2 Absentee Participation
If a Council Member wants to participate remotely in a meeting while absent from the City, the appropriate way to participate is through a teleconferenced or hybrid meeting as provided for in section 7.4.6. Absent Council Members are discouraged from communicating their opinions on agenda items to staff or other Council Members to present at the Council Meeting on behalf of the absent Council Member.

7.4 Types of Meetings

7.4.1 Regular Meetings
The City Council shall meet in the Civic Center Meeting Hall for all regular City Council meetings. The regular meetings shall begin at 7:00 p.m. on the second 613
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and fourth Monday of each month, unless otherwise specified by posted notice. If the meeting date falls on a legal holiday, the City Council shall meet at a date and time designated by the City Council. Regular meetings with closed session items may begin at 6:00 or 6:30 p.m. depending upon the number and complexity of the matters to be discussed. [36805, 54954; LMC 2.06.030].

7.4.2 Special Meetings
Special meetings may be called by the Mayor, the City Manager, the City Attorney, or by a majority of Council Members. consistent with applicable laws. The call and notice for a special meeting must specify the items to be considered and the date, time, and location for the meeting. [36807, 54956(a)].

The City Council may take final action at a special meeting that is not a workshop.

7.4.3 Special Meeting Workshops
The City Council may meet informally in special meetings designated as workshops that are called by the Mayor, the City Manager, or by a majority of Council Members. Workshops are special meetings intended for training purposes such as ethics training, sexual harassment prevention and education, and specific technical subjects such as land use. Special meeting workshops are also intended for the City Council to work with staff to develop administrative items such as the budget and City Council goals and priorities, for the City Council to receive public input on matters of community wide concern, and for similar activities.

Workshops are open to the public and are meetings for purposes of the Brown Act.

The City Council may provide direction, but unlike other special meetings the City Council may not take a final action at a workshop. [54956].

7.4.4 Closed Session Meetings
Closed sessions may only be held as authorized by state law and shall be held in accordance with the provisions of the Brown Act. The closed sessions may precede or follow a regular meeting or be called as a special meeting. In addition to the provisions in Section 7.4.2 Special Meetings, the City Attorney or City Manager may call and notice closed session meetings as special meetings. [54954.5, 54956.5, 54956.7-54957.1, 54962].

After meeting in closed session, the City Council shall reconvene in open session and make a public report, either orally or in writing, of any reportable action taken in the closed session and the related vote tabulation. [54957.1, 54957.7]. 614
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Closed session matters should be managed within the expected time limits for all items. Lengthy closed session matters should be scheduled at the end of a Council Meeting or as a separate special meeting. If a closed session is scheduled before the start of a regular Council meeting, it should conclude no later than 10 minutes before the start time for the regular Council meeting. When necessary, the closed session can be continued to the end of the agenda for the regular Council meeting, but that should be avoided when possible.

7.4.5 Concurrent Meetings
Since the Council Members are also the members of the Livermore Successor Agency, the City Council may concurrently convene the meetings of the City and the Livermore Successor Agency as well as any other legislative body that includes all Council Members. [54952.3].

Joint meetings of the City Council and any other legislative body or bodies shall be noticed as a meeting for each body.

7.4.6 Teleconferenced and Hybrid Meetings
The City Council may meet from different locations connected by electronic means consistent with the provisions of the Brown Act effective at the time of the scheduled meeting. The City Council may adopt, by resolution, specific procedures for teleconferenced meetings.and hybrid meetings consistent with state law.

Those procedures should encourage staff and the City Council to monitor connectivity and to rapidly address the technical issues for orderly management of the meeting consistent with the applicable statutory requirements. [54953].

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

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

7.4.8 Emergency Meetings
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If at least three Council Members determine that a catastrophic event has caused an emergency situation to exist as defined by law, then the City Council may immediately hold an emergency meeting. [54956 and 54956.5].

7.4.9 City Council Committees
The Mayor, in the Mayor’s sole discretionCity Council, may formcreate standing and ad hoc City Council subcommittees that do, which creation shall occur at a duly noticed Council Meeting.

Care should be taken to not have final decision making authority. The Mayor, with the City Council’s approval, may for form standing overburden staff, and therefore, City Council subcommittees should only be created in consultation with the City Manager and the City Attorney. City Council subcommittees should be created judiciously. Staff support shall only be provided to those City Council committees duly created as set forth in these rules.

Ad hoc City Council subcommittees are intended to be useful and efficient vehicles for less than a quorum of Council Members, with appropriate support staff, to explore and develop items for placement on a duly noticed City Council meeting agenda for the City Council to discuss and then provide direction or take action.

City Council standing subcommittees comprised of less than a quorum of the City Council and that have continuing subject matter jurisdiction or a fixed meeting schedule established by the City Council, shall comply with the Brown Act and follow these rules of procedure. [54952(b)].

City Council Brown Act subcommittees comprised of less than a quorum of the City Council and that have other persons as members, shall comply with the Brown Act and follow these rules of procedure. [54952(b); Joiner v. City of Sebastopol, (1981) 125 Cal.App.3d 799].

Ad hoc City Council subcommittee’s comprised solely of less than a quorum of the City Council and that are limited to both a defined task and a duration that is less than one year, are not subject to the Brown Act and are not required to follow these rules of procedure. [54952(b); Frazer v. Dixon Unified School District, (1993) 18 Cal.App.4th 781].

Any City Council subcommittees comprised of less than a quorum of the City Council and have other persons as members, shall comply with the Brown Act and follow these rules of procedure. [54952(b); Joiner v. City of Sebastopol, (1981) 125 Cal.App.3d 799].
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The City Manager shall keep a record of all standing and ad hoc City Council subcommittees that reflects the committee’s creation date, composition, task, duration, and sunset date. The City Manager shall advise the City Council at a duly noticed Council Meeting of any ad hoc subcommittee that has not sunset within one year of its creation so that the City Council can consider whether to terminate the ad hoc subcommittee or reconstitute it as a standing committee.

7.5 Notice and Agenda Posting
The City Clerk shall post the notices and agendas for each City Council meeting in the kiosk in front of City Hall, on the City’s website, and at the location where the meeting will be held. Any requirement to post notices and agendas at a remote teleconferenced meeting location outside the City’s jurisdiction shall be the responsibility of the Council Member attending the meeting from that location. [54954.2].

7.5.1 Regular Meetings
It is the City Council’s goal that the agendas for regular meetings should be posted at least 6 days before the meeting dates, but in no event shall the agenda for a regular meeting be posted less than 72 hours before the meeting date. [54954.2].

7.5.2 Special Meetings and Workshops
Notice of the call for a special meeting must be delivered and received by each Council Member and the media at least 24 hours before the special meeting, and must be posted at least 24 hours before the special meeting date. To the extent possible, it is the City Council’s goal that the notice and agendas for special meeting workshops should be posted at least 6 days before the meeting dates, and in no event shall the notice and agenda for a workshop be posted less than 24 hours before the meeting date. [54956].

7.6 Actions Limited to Posted Agendas
The City Council shall not discuss or take action on any item not appearing on the posted notice or agenda for thata duly noticed Council meeting. However, as permitted by the Brown Act, Council Members and staff may briefly respond to statements made or questions posed by the City Council or by members of the public addressing the City Council. City Council members should refrain from rejoinders to perceived derogatory or repugnant public comments during council meetings. Council Members may ask a question of City staff or a speaker for clarification, make a brief announcement, or make a brief report on their own activities.

Upon determination by three Council Members that an emergency situation exists as required by law, or upon a determination by four Council Members (or all members present if less than four are in attendance) that there is a need for immediate action that came to the City’s attention after the meeting agenda was posted, the agenda may be 617
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amended as provided by law to add an item for consideration and action. [54954.2, 54956, 54956.5].

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

7.7.1 Discovery of Good Cause Before an Item is Considered If good cause to continue an item is discovered by City staff after a notice or agenda is posted but before the meeting commences, then after calling the meeting to order the Mayor shall identify the item and announce that is has been continued.

7.7.2 Good Cause to Continue During Consideration
Once an item has been taken up for consideration, City staff, a Council Member, or a participating party as defined in Section 9.5.43 Participating Parties may request a continuance of the item. The item may only be continued following a majority vote of the Council Members present.

7.7.3 Public Comment for a Continued Item
If the opportunity for the public to address the City Council has concluded, or the public hearing portion of an item was formally closed, and the item was returned to the City Council for deliberation before it was continued, then the opportunity for public comment on the item will not be reopened absent a motion by the City Council. [54955].

7.8 Consideration of items after 11:00 p.m.

7.8.1 Canvass and Reorder
At 10:30 p.m., or as soon thereafter as practical, the Mayor shall canvass staff and Council Members present to identify the remaining agenda items for consideration.

The Mayor will then identify what items will be considered or continued, and in what order. Once the Mayor outlines the balance of the agenda, it may not be amended absent an appeal by a Council Member.

If the City Manager, Mayor, or a City Council Member believes the duly noticed agenda for a Council meeting is not likely to completed in one day, then the City Clerk shall poll the Mayor and Council Members in advance of the meeting to determine their availability to reconvene later that same week. To accommodate members of the public so they do not have to rearrange their schedules, to the 618
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extent possible, the public comment period for an item that was started should be completed before the continuance of an item.

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

Generally, theThe City Council willshall not begin consideration of any items on an agenda after 11:00 p.m., but may complete their consideration of an item that was commenced prior to 11:00 p.m.

7.8.3 Exceptions
The City Council may commence consideration of an item after 11:00 under the following circumstances:
a. An item is subject to a legal deadline, such as a project application subject to the Permit Streamlining Act; or,
b. The City Council votes to allow consideration of the item after 11:00 p.m.

7.9 Breaks.

The Mayor shall provide for a 10 min break after approximately every two hours of meeting time. The break should be called at a convenient point in the proceedings closest to the two-hour mark. Council Members may request breaks at other times as needed.

Council Members and staff are expected to return promptly at the designated time to resume the meeting.

7.10 Points of Order, Privilege, and Personal Privilege A Council Member may ask for a point of order, at which time the Mayor will ask for an explanation. Appropriate points of order relate to matters that a Council Member considers inappropriate conduct for the meeting, such as the failure to observe these Rules of Procedure, the City Council’s Norms and Values, or the rules of parliamentary procedure.

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

A Council Member may ask for a point of personal privilege when the integrity, character, or motives of the Council Member are called into question by a speaker; or where the welfare of the City Council is concerned.
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If a speaker is interrupted by a point of order, privilege, or personal privilege, the remainder of a speaker’s time will be preserved by the City Clerk until the point is resolved.

7.1011 Minutes

7.1011.1. All Proceedings Recorded
An account of all open meetings of the City Council shall be recorded, and action minutes prepared, by the City Clerk. [36814, 40801]. After the City Council approves the meeting minutes, the City Clerk shall enter them into official minute books of the City Council. The City Attorney may prepare attorney work product notes for closed session meetings attended. [36814].

7.1011.2 Approval

The minutes for a City Council meeting shall be reviewed and approved as set forth in this section.
a. The City Council shall approve minutes for a regular meeting, special meeting, and special meeting workshops, except that City Council approval is not required for the City Attorney’s closed session attorney work product notes. b. A Council Member may not approve the minutes for any City Council meeting that the Council Member did not attend, unless the Council Member observed the meeting or reviewed a video or audio recording prepared for that meeting.

Also, a Council Member may not approve the minutes for a meeting that they were not eligible to attend as a Council Member.
c. If no Council Members are eligible to approve the minutes for a City Council meeting, then the City Clerk shall attest to the accuracy of the meeting minutes and enter them into official minute books of the City Council.

7.1011.3 Preferred Method of Recordation and Minutes
City Council meetings may be recorded by electronic means. Minutes of City Council meetings shall be action minutes that capture the final action taken by the City Council or the outcome of an agenda item. Action minutes are not verbatim.

The City Council may adopt a resolution to specify the preferred method of recording for its meetings. [54953].

7.1112 Staff Attendance

7.1112.1 City Manager
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The City Manager shall attend all City Council meetings unless excused by the Mayor, and the City Manager’s designee attends. [LMC 2.08.060.F]. The City Manager may make recommendations and shall have the right to take part in all discussions of the City Council, but shall have no vote.

7.1112.2 City Attorney
The City Attorney shall attend all City Council meetings unless excused by the Mayor, and an Assistant City Attorney attends. Upon the City Council’s request, the City Attorney shall provide opinions and recommendations, either written or oral, on questions of law and procedure.

7.1112.3 City Clerk
The City Clerk shall attend all City Council meetings unless excused by the MayorCity Manager, and in his or her absence, the City Clerk’s designee shall attend. The City Clerk shall record, prepare, and maintain the official record of the City Council’s proceedings and perform other related duties as may be prescribed by the City Council and the City Manager. [36814, 40801].

7.1112.4 Department Heads/Employees
Department Heads and employees shall attend City Council meetings as directed by the City Manager. The City Manager and City Attorney are encouraged to minimize the number of employees and consultants attending the meetings in person and maximize the opportunities for employees and consultants to participate remotely.

7.1112.5 Sergeant-at-Arms
A Sergeant-at-Arms, who shall typically be a sworn member of the City’s Police Department, shall attend City Council meetings as directed by the City Council or the City Manager. [38638].

7.1213 Meetings That Are Not Subject to the Brown Act
As provided by the Brown Act, a quorum of the City Council may attend conferences and similar gatherings, open community meetings organized by a person or organization other than the City Council, open and noticed meetings of another legislative body other than a City advisory body, and social and ceremonial gatherings without complying with the notice and agenda requirements in these rules of procedure, provided that the Council Members do not discuss among themselves business of a specific nature that is within the City’s subject matter jurisdiction. [54952.2(c)(3)-(5)]. 621
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Meetings of an ad hoc City Council subcommittee is not subject to these rules of procedure unless the Mayor or City Council expressly state that the committee shall follow these rules. [54952].

Briefings of less than a quorum of the City Council are not subject to these rules of procedure provided the briefings comply with the Brown Act. [54952.2; Wolfe v. City of Fremont, (2006) 114 Cal.App.4th 533].

8. Agenda Development of Agenda
The City Manager is responsible for preparing the City Council’s meeting agenda to present items requiring direction or action by the City Council. Items may also be placed on an agenda for City Council consideration in the following ways: by direction of the Mayora duly created City Council subcommittee; by direction of the City Attorney in consultation with the City Manager; by direction of a majority of Council Members during the matters initiated portion of the agenda to place an item on a future agenda; and under any processes set forth by statute or ordinance that requires City Council action, including City Council consideration of land use matters, appeals, and other matters as set forth in the Livermore Municipal Code and the Livermore Development Code.

The agenda shall contain a brief general description of each item of business to be transacted or discussed, including any items to be discussed in closed session. [54954.2, 54954.5].

9. Order of Business – Regular Meetings
The usual order of business for regular meetings shall be as follows:

9.1 Call to Order
This portion of the agenda is for roll call, the pledge of allegiance, and the reporting out from any closed session items that may have occurred prior to the meeting.

9.2 Proclamations and Presentations
This portion of the agenda is for City proclamations to recognize significant community events, people, or days. The Mayor shall read and present, or designate a Council Member to read and present, the proclamations. The City Manager, or his designee, may develop a policy regarding proclamations as a guide. It is also for the City Council confirmation of appointments to advisory bodies and to administer the oath of office to advisory body members. It is also for City advisory bodies to make brief presentations to the City Council on their activities. As authorized by the Mayor or the City Manager, this 622
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portion of the agenda is also for other local, regional, or state legislative bodies and elected officials to make brief presentations to the City Council concerning activities of interest to the City.

These are ceremonial matters and not action items by the City Council. While the preference is for proclamations to be included in the posted agenda, the desire to recognize a significant community event, person, or day may arise or be discovered after an agenda is posted. In that case, the Mayor may make additional proclamations at a City Council meeting so long as they do not unduly interfere with the City Council’s business.

Except for City Council confirmation of appointments to advisory bodies, members of the public doThe Public does not have the right to address the City Council during this portion of the agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa Barbara Bd. of Supervisors, (2005) 129 Cal.App.4th 205].

9.3 Citizens9.3 Confirmation of Advisory Body Appointments This portion of the agenda is for City Council confirmation of appointments to advisory bodies and to administer the oath of office to advisory body members.

9.4 Open Forum
This portion of the agenda is for any member of the public to address the City Council on any item of interest to the public that is within the City Council’s subject matter jurisdiction.

However, to prepare and preserve a proper administrative record, public comments concerning an item listed elsewhere on the agenda should be reserved and addressed to the City Council when that item is called for consideration.

CitizensOpen forum shall be limited to 30 minutes, usually before the consent calendar.

If there are additional members of the public who wish to speak at the conclusion of the 30-minute time period, then the Mayor shall reconvene the citizensopen forum at the conclusion of the matters for consideration portion of the agenda unless the Mayor announces that citizensopen forum is reordered to a different place on the agenda.

The procedures for public comments during the citizensopen forum are set forth in Section 11 Citizens’Speakers’ Rights.

9.45 Consent Calendar
The consent calendar portion of the agenda is for routine items that are not expected to require City Council discussion. Examples of items for the consent calendar include the approval of minutes, resolutions confirming actions from a previous meeting, the introduction and adoption of ordinances, and the processing of administrative items such as the approval of contracts, the acceptance of public improvements, and other routine items requiring City Council approval by ordinance, resolution, or law. Any Council Member may pull an item for separate discussion. Members of the public may address 623
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the City Council on consent calendar items by following the procedures set forth in Section 11 Citizens’Speakers’ Rights.

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

9.5 Public Hearings
The public hearing portion of the agenda is reserved for items that require, by statute or practice, a noticed public hearing for action. The notices for public hearing items shall be posted in a newspaper of general circulation and mailed to property owners as required by law. [6060].

The procedures for public hearings are as follows:

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

9.5.2 Staff Presentation
A member of City staff will then:
a. Introduce themselves and the item by identifying the report and other written material included in the agenda packet for the City Council’s consideration, as well as any written comments received from the public. b. Identify any supplemental written materials that have been provided to the City Council for consideration, which were received or prepared for the item after the meeting agenda was published.
c. Identify any other staff members or consultants that will be part of the staff presentation or are otherwise present and available for City Council questions.
d. State whether the applicant is present and whether the applicant intends to make a presentation to the City Council.
e. Make an oral report, unless waived by the City Council. 624
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9.5.3 City Council Questions or Comments
Following the staff presentation, the City Council may ask questions of City staff and consultants, or make comments on the item.

9.5.4 Participating Parties
Following City Council questions and comments after the staff presentation, the applicant, appellant, and other named participant in the item that is party to an agenda item (collectively “participating parties”) may address the City Council.

Participating parties shall address the City Council following the procedures set forth in Section 11 Speakers’ Rights.

After the Mayor determines that no other participating parties wish to address the City Council on the hearing item, the Mayor will then invite City Council questions or comments of the participating parties and staff concerning the item.

Participating parties shall address the City Council following the procedures set forth in Section 11 Citizens’ Rightsopen the public hearing.

9.5.54 Opening and Closing the Public Hearing
The purpose of the public hearing is to provide members of the public with an opportunity to address the City Council concerning the hearing item, as well as to express their support or opposition of the item. The Mayor will formally announce the opening of the public hearing and invite members of the public to address the City Council on the hearing item. Public speakers shall address the City Council following the procedures set forth in Section 11 Citizens’Speakers’ Rights.

After the Mayor determines that no other member of the public wishes to address the City Council on the hearing item, the Mayor will formally close the public hearing and return the item to the City Council for deliberationCity Council questions and comments.

9.5.5 City Council Questions or Comments
Following the staff presentation, comments by the participating parties, receiving public comments during the public hearing, if any, the City Council may ask questions of City staff, consultants, and participating parties, and make comments on the item.

9.5.6 Deliberation
Once an item of business returns to theFollowing City Council for deliberationquestions and comments, the Mayor will invite the Council Members to discuss the item to develop concurrence for a motion. Council Members may continue to ask questions of staff, consultants, and the participating parties as part 625
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of their deliberations. The procedures for City Council deliberation are set forth in Section 12 City Council Deliberation.

9.5.7. City Council Action

After City Council deliberation, the Mayor shall call for a motion and a second as set forth in Section 14 Motions, and the City Council may make such motions as set forth in that section.

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

9.6 Matters for Consideration
This portion of the agenda is for items of business that require City Council action, direction, or receipt of reports that do not also require a public hearing. Generally, the procedures for this portion of the agenda follow the same procedures found insectionin section 9.5 Public Hearings, except that the public hearing is replaced by the opportunity for the public to comment after the staff presentation.

Prior to deliberating on matters for consideration, the City Council shall receive public comment as provided for in Section 11 Citizens’Speakers’ Rights. After receiving public comment, the City Council shall deliberate as set forth in Section 12 City Council Deliberation and shall receive the report, take action, or provide direction as set forth in Section 14 Motions.

9.7 City Council Reports and Matters Initiated by Staff and City Council This portion of the agenda is for:

1. Each member of the City Council to provide brief reports on any intergovernmental agency meetings, conferences, community meetings, meetings of other legislative bodies, or other events of interest to the community. For efficiency and completeness, each Council Member should use the activity reporting spreadsheet and submit their reports to the City Clerk by noon on the day of the Council meeting so the report can be included in the supplemental materials distributed in advance of the meeting. Council members are encouraged to highlight in their oral presentations only those events of most interest to the community. To the extent practical, Council members should report on significant decisions being considered by the regional boards, commissions, and committees to which they have been appointed for the City. For those events that the Council Member attended at the City’s expense. It, it is the City Council’s preference to satisfy 626
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thisthe expense reporting functionrequirement by submitting a written report of the activities attended. [53232.2(d)];

2. The City Manager, City Attorney, and City staff to provide information of community interest to the City Council and to seek direction from the City Council concerning items to be included on future agendas;

3. The City Council to provide guidance and direction to staff concerning items to be included on future agendas and information to be provided in response to questions raised during citizensopen forum;

4. The City Council to request a matters initiated for staff to provide information, perform studies, or undertake other administrative functions or to develop information for Council action at a future meeting. Before requesting a matters initiated, the initiating Council Member is expected to confirm with the City Manager that there is adequate staff resource capacity to address the request, and the City Attorney to the extent the matter involves legal review. If the requested action is routine in nature, the City Manager will direct staff to proceed. However, if the request cannot be accomplished within the approved budget or City Council priorities, or if it will involve substantial staff resources, the City Manager will report to the City Council at a subsequent City Council meeting and request further direction. At that time, the consensus of a majority of the City Council will be required to proceed.

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

9.8 Adjournment
This portion of the agenda is for the Mayor to adjourn the City Council meeting to its next meeting. The meeting may be adjourned to a regular meeting, special meeting, special meeting workshop, adjourned regular meeting, or adjourned special meeting. The Mayor may adjourn the meeting in honor of a distinguished Livermore resident or other person of community interest that has passed away.

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

Adjournment at any other point in the meeting requires a formal motion by the City Council.

10. Order of Business – Special Meetings and Workshops
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No matters except those specified in the notice and agenda for a special meeting or special meeting workshop may be discussed at those meetings.

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

10.1. Call to Order
This portion of the agenda is the same as it is for a regular meeting.

10.2. Public Comment
The purpose of this portion of the agenda is to provide the public with the opportunity to address the City Council on only those items listed in the posted notice and agenda for the special meeting or workshop. Public comment shall be received immediately following the call to order for a workshop, and should be received immediately after the staff presentation, if any, for a special meeting.

Public speakers shall address the City Council following the procedures set forth in Section 11 Citizens’Public’s Rights.

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

10.3 Special Meeting Item and Workshop Item
Generally, the procedures for this portion of the agenda follow the procedures in Section

9.5.1 Introduction, 9.5.2 Staff Presentation, 9.5.35 City Council Questions and Comments, and 9.5.6 Council Deliberations. The City Council may take a final action at a special meeting, but not at a workshop, as set forth in Section 7.4.2 Special Meetings and Section 7.4.3 Special Meeting Workshops

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

11. Citizens’Speaker’s Rights
A City Council meeting is a limited public forum. [78 Ops.Cal.Atty.Gen. 224 (1995); Kindt v. Santa Monica Rent Control Bd. (9th Cir. 1995) 67 F.3d 266; White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; Leventhal v. Vista Unified School District (SD Cal. 1997) 973 F.Supp. 951]. Members of the public have the right to address the City Council and to attend its meetings, except for closed sessions and other meetings that permit the 628
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public to be excluded as a matter of law. During the citizensopen forum portion of a regular meeting agenda, members of the public have a right to address the City Council on any item of interest to the public that is within the City Council’s subject matter jurisdiction.

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

The procedures for addressing public comments to the City Council are as follows:

11.1 Addressing the City Council
Members of the public thatwho want to address the City Council during citizensopen forum or before the City Council considers or takes action on an item must indicate their desire by personally submitting a request to speak to the City Clerk, or his or her designee, using the methods specified by the City Clerk in the agenda for that meeting.

A member of the public may not submit a request to speak on behalf of any other person.

The methods for addressing the City Council will be described at each meeting. The City Clerk will prominently display the methods to address the City Council in the City Council Chambers or other location where the City Council gathers in person for a meeting.

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

The Mayor shall open public comment during open forum and for agenda items by asking the City Clerk whether there are any members of the public who wish to address the City Council. If there are, the Mayor will then ask the City Clerk to manage the process for calling on speakers physically present and participating remotely as described in Section

11.3.1. Once there are no more persons physically present who have expressed an interest in addressing the City Council, the City Clerk will then call upon the speakers participating remotely. Speakers may request the opportunity to address the City Council until the City Clerk announces that there are no more speakers who have expressed their interest to address the City Council. At that time, the Mayor will close the public comment period. Once the Mayor closes the public comment period, no more additional requests to address the City Council during open forum or for the agenda item will be accepted absent invitation by the Mayor.

The purpose of submitting a request to speak is to help the presiding officerMayor conduct the City Council’s meetings and to complete its business in an orderly fashion. The intent is not to limit testimony. Therefore, a member of the public will not be denied an opportunity to speak if a request to speak lacks information or because a speaker wants 629
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to remain anonymous. Speakers who have not submitted a request to speak on time may be heard by the presiding officer’sMayor’s recognition or by another Council Member’s successful appeal. [White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421].

11.2 Speaker Time Limit
The amount of time allotted to each member of the public wishing to address the City Council shall be limited to a maximum of 3 minutes. Individual members of the public may not yield their allotted time, or any remaining portion thereof, to anyone else. The presiding officerMayor may reduce the amount of time allotted to each speaker based upon the number of persons wishing to speak, the complexity of the item if one is being considered, the anticipated time reasonably needed to complete the remaining items on the meeting agenda, and other reasonable factors.[54954.3(b); Kindt v. Santa Monica Rent Control Bd. (9th Cir. 1995) 67 F.3d 266; Chaffee v. San Francisco Public Library Commission, (2005) 134 Cal.App.4th 109; 75 Ops.Cal.Atty.Gen. 89 (1992)]. A speaker using an interpreter shall be allowed twice the allotted time. [54954.3].

Prior to calling for public comment during the citizensopen forum, as well as before the City Council considers or takes action on an item, the Mayor shall set and announce the time limit for each member of the public to speak before inviting members of the public to the lectern to address the City Council. For the purposes of these rules, lectern means the physical podium in the meeting room provided for the public to address the City Council, but includes the electronic location utilized by the City Clerk to accept electronic comments during a City Council Meeting.

Open forum will conclude after 30 minutes, but if there are remaining speakers at the conclusion of the 30 minute time period who wish to address the City Council, then the open forum shall be reconvened after the Matters for Consideration portion of the agenda as set forth in Section 9.4.

11.3 Members of the Public Addressing the City Council

11.3.1 A list of people who have requested to speak shall be used to call each speaker to the lectern to address the City Council. The City Clerk will manage the process for calling speakers to the lectern or to unmute themselves if they are participating remotely. The speakers physically present in the meeting will be called upon before those participating remotely. When calling a speaker to the lectern the next two speakers will also be identified so they are prepared to address the City Council when called to the lectern.

11.3.2 The Mayor may request each speaker to state his or her name and city of residence before addressing the City Council. A speaker is not required to provide his or her name or address in order to address the City Council.

However, to the extent such information is relevant to the issues being considered by the City Council during a public hearing, the absence of 630
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such information may bear on the speaker’s credibility and the weight the City Council affords the speaker’s comments.

11.3.3 Speakers shall address their comments only to the City Council as a body and not to a particular member.

11.3.4 Members of the public may only address the City Council from the lectern.

No member of the public, other than the speaker at the lectern, may address the City Council, unless called upon by the Mayor.

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

11.3.6 Speakers shall not use their time to unduly disrupt the orderly conduct of the City Council’s meeting.

11.3.7 Speakers are encouraged to avoid repetition.

11.3.8 Speakers are encouraged to avoid making personal attacks.

11.3.9 Each speaker shall relinquish the lectern when his or her time to address the City Council has expired.

11.3.10 A speaker may use his or her allotted time to read letters or other documents, play electronic recordings at a non-amplified volume, or otherwise present information to the City Council in a non-disruptive manner, provided those activities are completed within the allotted time.

The City will not provide the means for a speaker to play an electronic recording.

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

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

City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; 78 Ops.Cal.Atty.Gen 224 (1995)].
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11.3.13 Members of the public addressing the City Council are limited to one oral public comment per speaker per item regardless of format or time submitted.

11.4 Participating Parties Addressing the City Council
Participating parties shall comply with the procedures set forth in Section 11 Citizens’Public’s Rights when addressing the City Council, except that the participating parties shall each have up to a maximum of 10 minutes to address the City Council. The Mayor may set and announce the time limit for each active participant to address the City Council based upon the same criteria set forth in Section 11.2 Speaker Time Limit.

When the City Council is acting in its quasi-judicial capacity, the Mayor may further modify the rules of procedure in this section, or adopt such additional rules of procedure and speaker times as may be reasonably necessary, to afford the active participants with procedural due process commensurate with the rights at issue.

11.5 Public Criticism

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

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

11.7 Written Communications – Post Hearing Notice, and Post Agenda Publication

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

Any member of the public may submit written comments and materials to the City Council through the City Clerk’s Office. All written comments and materials must be submitted between the date public hearing notices are published (10 days prior to the meeting or as otherwise required by statute) and noon on the day before agenda publication (7 days prior to the meeting). The City Clerk shall 632
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deliver all written comments and materials received by 12:00 p.m. the days before agenda publication as part of the agenda packet for the posted agenda.

11.7.2 Submitted Post Agenda Publication.

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

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

11.7.3 Special Meetings and Workshops.

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

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

12. City Council Deliberation
City Council deliberations shall be orderly and guided by the Mayor to reach a decision on the item before them or to provide the direction sought by staff.

Once an item is before the City Council for deliberation, the Mayor shall call upon each individual Council Member present, in turn, to comment on the item and the recommended action or direction sought by staff. When participating remotely, Council Members should use the raise hand feature, or other feature offered by the electronic platform used for the meeting, to indicate they wish to speak and the Mayor should call 633
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upon them in the order they requested to speak. Council Members may debate the merits of the item and recommendation, but shall not interrupt any other Council Member thatwho is speaking. After each Council Member has the opportunity to express an opinion on the item, the Mayor shall invite discussion and then a motion.

13. Reserved

14. Motions

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

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

14.2 Categories of Motions
There are four categories of motions that the City Council may consider.

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

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

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

The fourth category is a hostile motion. A hostile motion is one that seeks to accomplish the opposite effect of the basic motion. For example, when a basic motion is to approve 634
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a project, a hostile motion is one to deny the project. If a hostile motion is made, the process for voting on simultaneous motions is then followed.

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

14.3 Simultaneous Motions
The City Council may consider up to three motions on the floor at one time. The Mayor may reject a fourth motion until the three before the City Council have been resolved.

When two or three motions are before the City Council, after motions and seconds, the first vote will be on the last motion made. Generally, the discussion when a motion is before the City Council should focus on the last motion made. Once the vote on the last motion takes place, if necessary, discussion and decision on additional motions will take place in order.

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

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

14.4.1 Debatable Motions
Debatable motions are motions to take action on agenda items and other items of City business. For the purpose of these rules of procedure, all motions are debatable except those expressly identified in subsectionSubsection 14.4.2 NonDebatable Motions. Debate on a motion should continue as long as Council Members wish to discuss an item, subject to the Mayor’s decision that it is time to move on and take action.

14.4.2 Non-Debatable Motions
Non-debatable motions are procedural and terminating motions. Certain motions once made immediately stop the City Council’s deliberations and, upon receipt of a second, should be voted on immediately. The City Council’s non-debatable motions are as follows:
a. Motion to Adjourn. If passed, a motion to adjourn requires the City Council to immediately adjourn to its next regularly scheduled meeting. 635
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b. Motion to Recess. If passed, a motion to recess requires the City Council to immediately take a recess, the length of which the Mayor will determine.

The Mayor may order a recess without a motion, and without adjourning the meeting, as the Mayor determines necessary to maintain decorum and conduct the meeting in an orderly fashion.
c. Motion to Fix the Time to Adjourn. If passed, a motion to fix the time to adjourn the meeting requires the City Council to adjourn at a specific time set in the motion.
d. Motion to Table an Item. If passed, a motion to table an item postpones an item indefinitely or to a date and time certain set in the motion. If the motion does not contain a specific time, an additional motion is required to bring the item back to the City Council at a future meeting.
e. Motion to Continue an Item. A motion to continue an item has the same effect as a motion to table, but is generally used when good cause exists or in response to a request by staff, a Council Member, or a participating party, as set forth in Section 7.7 Continuance of Agenda Items, or a scheduling problem arises. If passed, the motion continues the item indefinitely or to the date and time set in the motion. If the motion does not contain a specific time, an additional motion is required to bring the item back to the City Council at a future meeting.
f. Motion to Call the Question. A motion to call the question, also known as moving the previous question or limiting debate, stops further City Council deliberation, debate, and discussion on an item. It can be stated as stopping debate or discussion within a certain period of time, such as 15 minutes. If seconded, the Mayor shall then call for a vote on the motion or motions pending before the City Council as provided for in Section 6.57.5 Motion to Be Stated.

14.5 Miscellaneous Motions and Appeals

14.5.1 Motion to Suspend the Rules of Procedure
A motion to suspend these Rules of Procedure is debatable and to the extent possible should be addressed to a specific rule. If the Rules of Procedure are suspended in their entirety, such a motion does not supersede law or the Livermore Municipal Code.

14.5.2 Motion to Reconsider
A motion to reconsider any action taken by the City Council may be made as follows: (1) The motion must be made by a Council Member thatwho voted along with majority that voted for the original motion that passed, although the motion for 636
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reconsideration may be seconded by any Council Member; (2) The motion must be made either at the meeting at which the action to be reconsidered was taken, or, at the next regular meeting, provided appropriate due process is afforded to any participating parties; (3) The motion is debatable; (4) If any participating party has left the meeting, or if the motion comes at a subsequent meeting, the ultimate decision to be reconsidered must take place at a subsequent meeting; and, (5) If the original hearing was a public hearing, a new notice of hearing must be given before the matter is reconsidered.

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

15. Action and Direction

15.1 Votes, General Rules
Unless otherwise provided, the City Council’s actions must be passed pursuant to a majority vote on a motion, and the motion may not be considered unless it is seconded.

A simple majority vote by those Council Members present is necessary to pass a motion providing direction to staff or establishing administrative policy, however motions for the adoption of resolutions and ordinances require an affirmative vote of at least three Council Members to pass the motion as provided in Rule 17.4 Majority Vote by Three City Council Members Required.

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

If a motion does not receive the necessary majority vote for passage, the Mayor may solicit additional discussion and another motion for further deliberation and voting. If further discussion and deliberation does not result in a motion receiving a majority vote necessary to pass a motion, the Mayor may declare that “no action has been taken” and proceed with the remainder of the agenda. In the event of a tie vote, the procedures in section 15.2 Tie Votes, shall control.

If a Council Member is present at the meeting but abstains from voting on a motion or is silent during the vote on the motion, then the rules in section 15.3 Abstentions and Silence shall govern how the Council Member’s silence or abstention is tabulated.

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

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

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

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

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

This rule is intended to expressly modify Rosenberg’s Rues of Order for counting votes with regard to abstentions and silence by a Council Member.

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

16. Advisory Bodies

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16.1 Implementation of Municipal Code

16.1.1 Creation and Appointments
The City Council may create boards, commissions, or committees, herein after collectively referred to as City advisory bodies, to advise the City Council. [LMC Title 2].

16.1.2 Appointments
The Mayor has the statutory authority, with the City Council shall Council’s approval, to make all appointments to the City’sregional bodies that require an appointment from the City of Livermore and to City advisory bodies, except as noted in the Livermore Municipal Code.. [40605; LMC 2.04.020; 81 Cal.Ops.Cal.Atty.Gen. 75]. It is recommended that newly formed advisory bodies are limited to no more than 8 members due to the capacity of the recording system in the Mendenhall Room.

16.1.3 Eligibility of City Employees
While City employees are not precluded from serving on citizenadvisory boards, commissions, and committees, there is a potential for conflict. The City Council and any subcommittees to the City Council shall not make appointments that are potentially incompatible with City employment for any reason. For example, an appointment will be incompatible with City employment if:
a. An act of the citizenadvisory board, commission, or committee may later be subject directly to the control, inspection, review, audit, or enforcement of any other City officer or employee.
b. The time demands of the citizenadvisory board, commission, or committee would render performance of duties as a City employee less efficient.

16.1.4 Interviews of Members Eligible for Reappointment The Mayor has the statutory authority, with the City Council’s approval, to make all appointments to City advisory bodies. [40605; LMC 2.04.020; 81 Cal.Ops.Atty.Gen. 75] The purpose of the standing City Council subcommittee identified in this section is to interview candidates who apply for a City advisory body and to then recommend candidates to the Mayor for appointment, with the City Council’s approval.

Members of City boards, commissions, and committees who are eligible for and interested in reappointment shall be interviewed by the standing City Council subcommittee, along with any other applicants for the position. Membership on this standing City Council subcommittee shall rotate among the Council Members who 639
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will be appointed for staggered terms, if possible, to ensure that at least one Council Member has prior experience on the subcommittee. Based upon those interviews, the standing City Council subcommittee shall recommend a nominee for appointment by the fullMayor, with the City CouncilCouncil’s approval.

However, the entire City Council will interview Planning Commission applicants (including incumbents); and the Livermore Area Youth Advisory Commission incumbents do not need to be interviewed to be considered for reappointment.

16.2 Direction to CitizenAdvisory Boards, Commissions, and Committees Within the scope of their duties and responsibilities established in Title 2 of the Livermore Municipal Code, or otherwise by the City Council, the boards, commissions, or committees, and standing City Council subcommittees (collectively referred to as “advisory bodies” or “advisory body” for the purposes of this subsection) created by the City Council are directed to:

1. Conform their respective rules of procedures to follow these rules of procedure for their meetings, with appropriate modifications to account for their individual structure including the number of members for the advisory body, the titles for their presiding officer and members, consistent with the restrictions set forth in subsection 3 below;

2. Follow Rosenberg’s Rules of Order for parliamentary procedure as modified by these rules of procedure;

3. Conform their respective meeting rules to these rules of procedure to reflect the following restrictions directed by the City Council:
a. Advisory bodies shall not meet through electronic means; b. Advisory bodies may formcreate ad hoc committees, but shall not formcreate standing committees without prior City Council approval; c. The staff liaison for each advisory body, with inputapproval from the City Clerk, shall determine the preferred method of preparing theaction minutes for their advisory body meetings, with the exception of Planning Commission who will work with the City Clerk to determine the preferred method of preparing summary minutes for their advisory body minutes; d. Staff attendance and agenda development will be determined by the staff liaison for the advisory body, or as directed by the City Council; e. The City Clerk shall determine agenda format, software, and language for all advisory body meetings to ensure consistency and compliance with applicable laws and regulations;
e.f. Each advisory body, with input from the City Clerk and consistent with the uniform format provided by the City Clerk, may establish their own rules to specify the method to request, and the speaker time limits, for citizensthe public addressing the advisory body, but the advisory body must then administer them uniformly; and,
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g. The advisory body liaison, City Attorney or designee, and City Clerk must approve all advisory body agendas, notices, and cancellations; and, f.h. Section 17 Document Preparation and Approval do not apply to advisory body agendas.

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

16.3 Annual Reporting

1. Each of the following advisory bodies shall annually appoint one of their members to present a brief verbal update to the City Council describing that particular advisory body’s activities for the past year:

Airport Commission
Beautification Committee
Commission for the Arts
Historic Preservation Commission
Human Services Commission
Library Board of Trustees
Livermore Area Youth Advisory Commission.

2. Other advisory bodies may provide updates to the City Council as necessary or as directed by the City Council.

3. The City Clerk shall schedule the annual advisory body presentations and updates to the City Council in coordination with the staff liaisons to the advisory bodies.

17. Document Preparation and Approval for an Agenda

17.1 Ordinances
No ordinance shall be prepared for presentation to the City Council unless ordered by a majority vote of the City Council, prepared by the City Attorney on his or her own initiative, or recommended by the City Manager and developed with the City Attorney’s assistance. [36936; LMC 1.08.060.E and 2.12.030.A.1.d].

17.2 City Attorney Approval as to Form
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All ordinances, resolutions, and contracts shall be approved as to form by the City Attorney, or his or her attorney designee, before being placed on the agenda. [LMC

2.12.030.A.1.d]. If the City Manager finds it necessary or expedient to place a contract on a City Council agenda for authority to execute it, but the contract is not yet in final form or has not been signed by the other parties, the City Council shall condition its authorization to execute the contract on the final contract being in substantially the same form as the one presented for the City Council’s consideration with such changes as may directed by the City Council, and upon the City Attorney’s approval of the final contract as to form. If the contract is substantially changed or is not approved as to form by the City Attorney, then the contract must be placed on a subsequent agenda for the City Council’s consideration.

17.3 Ordinance Introduction/Adoption
The City Council hereby establishes and directs that reading the title of a proposed ordinance will be considered to constitute a full reading of the ordinance, unless a majority of the City Council present asks for a full reading. [36934].

17.4 Majority Vote by Three Council Members Required
An affirmative vote of at least three members of the City Council shall be necessary to adopt an ordinance and a resolution, and to approve a contract for the expenditure of funds. An urgency (emergency) ordinance must be adopted by at least four members of the City Council. [36936, 54954.2, 54956, 54956.5].

17.5 Ordinance Preservation
Following adoption of an ordinance, the City Clerk will assign a number to the ordinance, publish a summary, and post the full text according to law. The ordinance shall be filed and preserved in the City Clerk’s Office.

17.6 Consent Calendar, Public Hearing, or Matters for Consideration Ordinances not requiring a public hearing may be presented to the City Council for introduction and adoption on either the consent calendar or matters for consideration portion of the agenda. The City Attorney shall determine the placement of an ordinance on a City Council agenda in consultation with the Mayor and City Manager, or as directed by the City Council.

18. City Council Norms and Values
The City Council has also adopted City Council Norms and Values that guide their interactions among each other.
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19. City Council Expectations for Brown Act Compliance
The City Council has established an expectation that Council Members will not utilize electronic devices to communicate with themselves, the public, or anyone else during a City Council meeting on substantive matters related to City business. In addition, they have established an expectation that they will not maintain a social media presence as a Council Member, except on the City’s official website, with the understanding that personal campaign activities are not official Council Member activities. They have also established an expectation that they will use their official City email address when communicating electronically about matters related to City business. [San Jose v.

Superior Court [Smith], 2 Cal.5th 608]. The City Council also directs staff to prepare formal policies to guide their utilization of electronic communications. 643
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City Council Norms, Values, and Principles of Governance

COUNCIL NORMS
Demonstrate Respect
The City Council shows respect and compassion for community, staff, and other members of the City Council in all situations, including those involving disagreement and difference. We focus on forward thinking, while building on history and lessons learned from the past. We avoid responding to perceived derogatory or repugnant public comments during City Council meetings. Out of respect to each other, staff, and members of the public, we avoid using cell phones and other communication devices during City Council and other public meetings where we preside.

Take Responsibility
We are accountable to the community, staff, and to each other for our actions and words. We hold ourselves to the highest ethical standards. We act with integrity and lead by example.

Encourage Civic Engagement
We value and encourage the input of others, and challenge ideas not individuals in our role as policy makers. We recognize the importance of input from various groups and seek to actively engage the community.

Show Appreciation
When appropriate, we recognize and show genuine appreciation for the hard work and accomplishments of staff, advisory body members, community organizations, members of the public and fellow City Council members.

Maintain Transparent Communication
We strive to maintain transparent communication, in meetings and through online and written correspondence.

COUNCIL VALUES
Trust
We value and foster trust and honesty among staff and one another. We listen to others and seek to create an environment of mutual support.

Honest and Effective Communication
We commit to direct, respectful communication to seek a shared understanding. We value diversity of thought and will engage in open dialogue with each other and the public.

Data Driven Decision Making
We seek to make data driven policy decisions. Our findings will rely on fact-based evidence, not unvalidated assumptions.

ATTACHMENT 2
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Adopted April 8, 2019Revised October 2022
Teamwork
We work as a team to create effective policy, focusing on the best outcomes for the community, as a whole.

Enthusiasm and Effort
We have a genuine enthusiasm for our role as policy makers and community leaders.

We come to meetings well prepared and ready for robust discussion.

PRINCIPLES OF GOVERNANCE
The City Council will govern on an at-large basis to address the needs of the entire community. Resources will be allocated based on community-wide priorities. To ensure a community-wide focus, City Council members and residents may communicate directly regardless of the district the Council member represents or the district where the community member lives.

Council-Staff Relations
Council and staff work in partnership to achieve our goals. Consistent with Livermore’s Council-Manager form of local government, the City Manager plays a central role in directing and mediatingfacilitating Council-staff relations. Typically, Council members are expected to engage only with Department Directors and other executive staff, not lower-level staff, and to do so under the direction of the City Manager. Similarly, Council members are expected to engage with City Attorney staff only with the consent of the City Attorney. Trust and effective communication are key to ensure a productive partnership.

Council Responsibility
The primary role of the City Council is to act as policy makers and to govern the activities of the City of Livermore. We strive to understand and reflect the entire community’s values and needs. To achieve this, we serve as an oversight body and provide clear policy direction to staff and follow up/follow through with the community.

We recognize our responsibility of making sound financial decisions that enhance the quality of life for Livermore residents.

Council members are encouraged to seek information and advice from the City Manager and City Attorney as part of their due diligence when forming their own opinions and developing their courses of action on issues. The Council recognizes that staff time is a limited resource and that in some cases complying with Council direction may require substantial staff time. In such cases staff will inform Council if their direction cannot be absorbed and that reprioritization of other tasks may be necessary. Before requesting an item under Matters Initiated, a City Council member is expected to ask the City Manager if there is adequate staff resource capacity needed to address the requested item.

Staff Responsibility
ATTACHMENT 2
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Adopted April 8, 2019Revised October 2022
It is the responsibility of staff, under the direction of the City Manager, to support the City Council and implement policies created by the Council. The City Manager is critical in helping to translate the policy direction for staff, and to ensure that there is sufficient clarity and context. The City Manager and staff shall not take any action requested by an individual Council Member even when that action is consistent with Council priorities.

To effectively support Council, staff will provide timely and complete information needed to make sound policy decisions. Reports and recommendations will be comprehensive and contain explicit and clear information including all facts. Staff will include options or alternatives when appropriate. Additionally, staff is expected to provide guidance and advice to Council, ensuring that they are complying with rules and procedures, and adhering to norms and values.

City Attorney Responsibility
It is the responsibility of the City Attorney, as the chief legal advisor of and attorney for the City and all its departments and office, to provide legal oversight of the City’s governance, operation and public policy. The City Attorney provides legal advice and counseling to the City Council as a body and takes direction from a majority of the City Council. The City Attorney shall not take any action requested by an individual Council Member contrary to the desires of the City that have been expressed by a majority of the City Council. The City Attorney counsels and advises the City Council, City Manager, and staff of policy matters to help them make well informed decisions but does not create policy other than through the Risk Management Division’s functions.

The City Attorney advocates for the City and upholds the integrity of the City’s ordinances, regulations, and policies.

As the advisor and advocate for the City, the City Attorney owes two duties directly to the public: to act as a check on governmental action in certain limited circumstances, and to accurately advise the public when called upon to do so. In addition, the City Attorney is a constitutional officer that has direct authority to take certain actions independent of direction from the City Council and must also fulfill the rules of professional responsibility as an attorney and as a government attorney.

Council- Advisory Body Relations
The City Council has created boards, commissions, and committees to advise the City Council. Advisory body members are appointed by and serve at the pleasure of the City Council. We recognize and value the role of advisory bodies to reflect the entire community through their recommendations to inform our policy decisions.

ATTACHMENT 2
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Adopted April 8, 2019Revised October 2022
City Council Meeting Rules of Procedure
In addition, the City Council is also governed by City Council Meeting Rules of Procedure.

ATTACHMENT 2
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CITY COUNCIL STAFF REPORT ITEM NO. 10.1
DATE: October 24, 2022
TO: Honorable Mayor and City Council
FROM: Tina Olson, Administrative Services Director
SUBJECT: Supplemental materials received prior to the meeting.

RECOMMENDED ACTION

SUMMARY
These materials were posted online and made available to the public at the same time that they were distributed to the City Council.

3.2 Beautification Committee annual update presented by Vice Chair, Mark Goralka Material: PowerPoint Presentation

3.3 Presentation of the 2022 Beautification Awards
Material PowerPoint Presentation

6.1 Adoption of an ordinance amending and revising the Building Code, Property Maintenance Code, Fire Code, Electrical Code, Mechanical Code, Plumbing Code, Residential Code, and the Green Building Standards Codes in the City's Municipal Code, to adopt by reference and amend the 2022 California Building Standards Code and the codes set forth therein Material: PowerPoint Presentation, Received Public Comment

6.2 Hearing to consider approving an Amended and Restated Disposition and Development Agreement with Red Bear Property Management, Inc. for development of downtown commercial uses, authorizing the City Manager to execute the agreement and all other necessary documents to implement that agreement, and to conform the Stockmen's Park easement to this project and others on the park site
Material: PowerPoint Presentation, Counterpart-Signed Agreement

7.1 Update on the FY 2021-23 City Council Goals and Priorities and Equity and Inclusion workplan Material: PowerPoint Presentation
648

7.2 Discussion and direction regarding Livermore Development Code Chapter 4.06 Sign Standards for Temporary Signs
Material: PowerPoint Presentation

7.3 Discussion and direction on the City Council Subcommittee's recommended revisions to the City Council's Rules of Procedure and the City Council's Norms, Values and Principles of Governance Material: PowerPoint Presentation

8.0 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members
Material: Council Reports

DISCUSSION

ATTACHMENTS

1. Supplemental Material.pdf
Prepared by: Clay James
Assistant City Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
649
1 Beautification Committee Annual Update
October 24, 2022
Presented by Vice Chair Mark Goralka
2022 Accomplishments
• Awarded four 2021 Beautification Committee Awards
• Presided over Abor Day 2022
• Conducted outreach at farmers market
• Presided over a denied tree removal permit appeal
• Participated in the Springtown Preserve Bioblitz
• Created a field guide of Livermore birds
1 2
Item 3.2
PowerPoint Presentation
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2 Thank you
3 Item 3.2
PowerPoint Presentation
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1 Presentation of the 2022 Beautification Awards
October 24, 2022
Presented by Joe Prime, Public Works Supervisor
• Improve curbside appeal
• Recognize drought tolerant landscape renovations
• Promote creativity and community pride
• Encourage citizen participation in beautifying Livermore Beautification Committee Awards
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Item 3.3
PowerPoint Presentation
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653
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1 Building Code Adoption
Presented by
Franc Moufarrej, Chief Building Official
and
Tricia Pontau, Senior Planner
October 24, 2022
Building Standards Law
California Building Standards Commission
• Building Codes are in CA Code of Regulations Title 24 • Health and Safety Code mandates:
 CA Building Standards Commission adopt and publish Title 24  Code Applies to all building occupancies in California.  Code must be enforced by local governments (Code by default) • Local governments can amend based on climatic,
topographical, geological, and environmental conditions • Local ordinances making amendments to Title 24 are neither effective nor operative until filed
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Item 6.1
PowerPoint Presentation
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2 Life Safety & Environment
• Code changes focus on fire life safety
and environmental protection
• Fire sprinklers in all new buildings
• Minimum Class B roofing material
• Prohibit under slab plumbing
• All electrical in new buildings
• Electrical Vehicle Chargers
2022 CALGreen Amendments
April
• Reach Codes – local requirements that
are more stringent than State building code
requirements
• Effective and flexible tool to implement
local energy and climate policies
• Energy efficiency, building electrification,
electric vehicle (EV) charging, solar
photovoltaics
• July 16, 2021 – City Council directed staff
to pursue Reach codes for all-electric
buildings and EV charging in new
construction
• Developed in coordination with East Bay
Community Energy and the Cities of Dublin
and Pleasanton
3 4
Item 6.1
PowerPoint Presentation
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3 New Buildings All-Electric
April
• Requires most new buildings in
Livermore to be constructed without
natural gas or other fossil fuels
• Reach code does not apply to
additions or renovations to existing
buildings
Electric Vehicle Charging
April
• Additional EV charging in new buildings
• One and two family:
• 2 level 2 EV ready spaces
• Multi-family:
• 15% level 2 EV charging stations
• 85% level2 EV ready spaces
• Office:
• 20% level 2 charging stations
• 30% level 2 EV capable
• Hotels:
• 5% level 2 Charging stations
• 25% level2 EV ready spaces
• 10% level 2EV capable spaces
• All other:
• 10% level 2 EV charging stations
• 10% level 2 EV capable spaces
5 6
Item 6.1
PowerPoint Presentation
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4 Recommendations
• Staff recommends adopting the 2022
California Code as revised and
amended by Livermore Community
Development Department and
Livermore Pleasanton Fire department
Questions
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Item 6.1
PowerPoint Presentation
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October 19, 2022
The Honorable Bob Carling
City of Livermore
1052 S Livermore Ave
Livermore, CA 94550
RE: City of Livermore Building Electrification Reach Code Dear Councilmember Carling,
Bloom Energy is pleased to provide comments on the proposed reach codes for building electrification. We would appreciate the opportunity to work with the City of Livermore (City) to help identify pathways to decarbonize the building sector. Bloom Energy hopes that these comments are helpful and would be happy to provide additional information as needed.

Bloom Energy is a leading clean energy company headquartered and with manufacturing facilities in the Bay Area. Bloom Energy Servers are a distributed energy resource that deliver reliable, uninterrupted power. Using solid oxide fuel cell technology, Bloom Servers convert natural gas, biogas, or hydrogen into electricity at a high efficiency and without combustion, significantly reducing environmental impacts. Utilizing the same solid oxide technology, Bloom Electrolyzers can be paired with renewable energy sources to create clean, low-cost hydrogen at industry-leading efficiency.

City staff recommends the adoption of a reach code through Part 11, Title 24 of the California Green Building Standards Code that would require newly constructed buildings to be built allelectric. The proposed reach code defines All-Electric Building and Combustion Equipment as follows:
• ALL-ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for combustion equipment serving space heating (including fireplaces), water heating (including pools and spas), cooking appliances (including barbeques), Item 6.1
Received Public Comment
660
and clothes drying, within the building or building property lines, and instead uses electric heating appliances for service.
• COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.

We support building decarbonization and believe that successful decarbonization strategies are carefully structured to avoid the inadvertent consequences in the form of increased local air pollution and a lack of feasible options for energy reliability. In this letter we will briefly discuss some of the limitations of the proposed definitions of “all-electric building” and “combustion equipment” as currently written. We will also suggest minor changes to the proposed definitions will allow clean energy technologies such as fuel cells to directly support building electrification by providing electricity on site to power end uses for commercial and industrial users.

Limitations include (1) the potential to drive a significant increase in the deployment and use of diesel back-up generators, (2) precluding the use of alternative solutions that could reduce carbon emissions, eliminate emissions of harmful air pollutants, and provide resiliency through extended grid outages. These limitations also obstruct the City’s ability to reach key goals of increasing microgrid deployment and exploring the use of renewable fuels as outlined in Livermore’s Draft Climate Action Plan.

1. Building electrification reach codes should safeguard against a de facto monopoly for back up diesel generators, as can be the case when a full moratorium on natural gas infrastructure, including uses outside of the building, is enacted. Diesel generators release harmful air pollutants and are also source of greenhouse gas emissions.1 Even as we are transitioning to a carbon neutral energy future, the population of diesel generators in California is growing due to an aging grid, increased extreme weather events, and the intermittent nature of wind and solar. In fact, the diesel generator population in Livermore increased by 15 percent between December 2018 and June 1 M.Cubed, 2021. Diesel Back-Up Generator Population Grows Rapidly in the Bay Area and Southern California,p. p. 7.

Item 6.1
Received Public Comment
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2020.2
In June 2020, back-up diesel generators in the City had a total capacity of 53.6 MW.

As Livermore’s Draft Climate Action Plan Section 3.2 and the City’s Vulnerability Analysis states, expanding microgrid deployment is a key strategy to enhance energy resilience (40 and Appendix B 27).
34Allowing resilient, clean fuel microgrids to utilize
the existing natural gas infrastructure outside of the building can displace diesel generators and keep the power on, without diesel’s harmful environmental and public health impacts.

2. Replacing gas appliances with electric appliances in addition to encouraging the switch to electric vehicles will lead to the increased demand for energy generation.5 Despite this challenge, electrifying end use gas appliances is critical for improving indoor air quality and safety. Non-combustion energy solutions such as fuel cells connected to the decarbonized gas system can provide clean power to these end uses and meet the resulting increased demand.

Priority Area 4 Action B-2.5 of the City’s Draft Climate Action Plan outlines the City’s goal of exploring opportunities to utilize biogas from the City’s water treatment facility and expand the use of hydrogen fuels.6 Slight modifications to the definitions in the Livermore’s Reach Code would allow the City to work towards this goal more effectively.

A biogas powered fuel cell could result in even lower GHG emissions than a nonemitting technology. Biogas powered non-combustion fuel cells can significantly reduce emissions by converting the methane, a potent GHG that would otherwise be released into the atmosphere, in biogas into CO2 by way of generating electricity. 2 Ibid, p. 17.
3 Livermore 2022 Climate Action Plan, Public Review Draft, 0ctober 2022, p. 40. 4 Ibid, Appendix B p.27.
5 NREL, July 2018. “NREL Analysis Explores Demand-Side Impacts of a Highly Electrified Future.” 6 Livermore 2022 Climate Action Plan, Public Review Draft, 0ctober 2022, p. 86.

Item 6.1
Received Public Comment
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Because they provide reliability at a rate of 95%, they offset far more grid power than intermittent resources.7
As mentioned, minor modifications to the definitions would also position the City to support the use of clean hydrogen, a zero-carbon fuel that is widely seen as a critical tool in achieving a net-zero energy transition. Technologies like fuel cells can electrify buildings by using market based approaches, like directed hydrogen, to leverage existing infrastructure to generate onsite electricity as California’s green hydrogen economy develops.
8 As the City considers the best way to support electrification, we want you to be aware that fuel cells are an important part of this equation.

The issues outlined above could be addressed by minor edits to the definitions of “all-electric building” and “combustion equipment” as shown in redlined text below:
• ALL-ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for combustion equipment serving space heating (including fireplaces), water heating (including pools and spas), cooking appliances (including barbeques), and clothes drying, within the building or building property lines, and instead uses electric heating appliances for service.
• COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that combusts uses fuel gas. • FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these.

Thank you for the chance to provide input on Livermore’s building electrification reach code.

We believe sound policies that support building decarbonization and ensure energy reliability are key to the successful implementation of the goals of reducing greenhouse gas emissions and promoting resiliency. Please see us as an information resource as well as a technology provider and feel free to contact us with any questions. 7 American Biogas Council, “Why Biogas”
8 California Public Utilities Commission, Hydrogen Blending Impacts Study Final Report Item 6.1
Received Public Comment
663
Best Regards,
Manaal Shafi
Government & Community Relations Coordinator
CC:

Mayor Bob Woerner
Vice Mayor Bonanno
Councilmember Brittni Kiick
Councilmember Trish Munro
Tricia Pontau, Livermore City Planner
Francois Mouffarrej, Chief Building Official
Marie Weber, City Clerk
Item 6.1
Received Public Comment
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665
2 Disposition & Development Agreement
• Sale of the City-owned sites to Red Bear
• Construction and operation of 12,850 square feet of
commercial retail space
• Building design that is compatible with Blacksmith
Square and actively interfaces with Stockmen’s Park
• Contributions to Stockmen’s Park maintenance
• Public restrooms
• Schedule of performance
Recommendation
Staff recommends the City Council adopt resolutions and direct the following:

1. Finding that the Amended and Restated Disposition and Development Agreement with Red Bear Property Management, Inc., is within the scope of the 2004 Downtown Specific Plan Environmental Impact Report and the 2009 Downtown Specific Plan Subsequent Environmental Impact Report and subsequent addendums adopted by City Council, and determining that the properties are exempt from the Surplus Land Act, and

2. Adopt a resolution authorizing the City Manager to execute the Disposition and Development Agreement and all other necessary documents to implement that agreement and to conform the Stockmen's Park easement to this project and other projects on the park site.
3 4
Item 6.2
PowerPoint Presentation
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1 Discussion and direction regarding Livermore
Development Code Chapter 4.06
Sign Standards for Temporary Signs
City Council
October 24, 2022
Presented by Steve Stewart, Planning Manager
Previously Proposed Regulations
• Restrict the placement of temporary signs in the right-of-way to daylight hours between 9:00 a.m. and 5:00 p.m. Signs could only be placed after 9:00 a.m. and would need to be removed before 5:00 p.m. each day. • Signs must relate to an event scheduled for a specific date and shall not be displayed sooner than 90 days before that event. Signs must be removed within five days following the associated event. • In the Downtown Specific Plan area only, commercial and noncommercial temporary signs would not be permitted in the designated public right-of-way with the exception of A-frame signs. 1 2
Item 7.2
PowerPoint Presentation
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2 Current Regulations
Noncommercial temporary signs are permitted in the designated public right-of-way, but not in the street, street median, or sidewalk, in commercial and industrial zones, other than the DSP, subject to the following:
• The signs must relate to an event scheduled for a specific date and shall not be displayed sooner than 60 days before that event; • Signs must be stake signs with a maximum size of four-square feet; • No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
• Corner properties may have two of the same signs at the corner; and • Signs shall be removed within five days after the event to which they pertain.

Recommendation
Discuss the provisions in the Livermore Development Code regarding temporary signs placed on public property and in the designated public right-of-way and direct staff to address ongoing challenges with allowing temporary signs, including vandalism and theft.
3 4
Item 7.2
PowerPoint Presentation
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1 Discussion and direction on the City Council
Subcommittee's recommended revisions to the
City Council's Rules of Procedure and the City
Council's Norms, Values and Principles of
Governance
October 24, 2022
Introduced by Christine Martin, Assistant City Manager
Summary
• Council Subcommittee: Mayor Woerner and
Council Member Carling
• Subcommittee collaborated on revisions to:
 Rules of Procedure and
 Norms, Values and Principles of Governance
• Revisions presented for Council discussion
and direction on following slides
1 2
Item 7.3
PowerPoint Presentation
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2 Key Changes
• Norms, Values and Principles of Governance
• Additional language to promote Transparent Communication, and mutual Respect and Appreciation, and clarifying the relationship between City Council and staff
Key Changes
• Rules of Procedure (Changes since publication are in red)  Clarifying roles and responsibilities of Mayor and City Council to be consistent with State statute, and providing clarification on roles of City Attorney and City Manager
 Refining structure of Council meetings and public hearings, especially to incorporate hybrid meeting protocols
 Refining agenda development:
1) Items can be added to the agenda by a subcommittee with concurrence of the City Manager (Section 8)
2) Council members initiating an item during the meeting are expected to consult with the City Manager / City Attorney ahead of time 3) Council members are encouraged to avoid responding to perceived derogatory comments (Section 7.6 – consistent with the Norms) • Recommending limiting number of advisory body members to 7 (Section

16.1.2)
3 4
Item 7.3
PowerPoint Presentation
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3 Recommendation
The City Council Subcommittee recommends the City Council discuss and provide direction on the Subcommittee's
recommended revisions to the City Council's Rules of
Procedure and the City Council's Norms, Values, and
Principles of Governance.
5 Item 7.3
PowerPoint Presentation
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Council Member Committee Meeting Date Committee Agenda Link Meeting Type Vice Mayor Bonanno 10/10/2022 Alameda County Transportation Commission (ACTC) https://d3n9y02raazwpg.cloudfront.net/alamedactc/8a79
3600‐0237‐11ed‐baa3‐0050569183fa‐abb6aa12‐d2c6‐4f47‐b79b‐94121c557222‐1665186174.pdf Programs and Projectssubcommittee
Vice Mayor Bonanno 10/12/2022 Dedication of Sculpture "Influx" in Springtown community eventVice Mayor Bonanno 10/10/2022 Visit/Tour of Form Factor's Manufacturing Facility Business meet and greet Vice Mayor Bonanno 10/13/2022 Annual Civic Appreciation Dinner City event Vice Mayor Bonanno Livermore Downtown Inc Board Meeting Vice Mayor Bonanno Community Service Day (CSD) 2023 Kick Off Event City event Vice Mayor Bonanno 10/20/2022 Intergovernmental Committee (CITY / LARPD / LVJUSD) Committee Vice Mayor Bonanno Alameda County Transportation Commission (ACTC) Clean Fuels SummitVice Mayor Bonanno Alameda County Transportation Commission (ACTC) City meeting‐host ACTC ExecutiveDirector
Item 8.0
Council Reports
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Council Member Committee Meeting Date Committee Agenda Link Meeting Type Mayor Woerner 10/12/2022 Tri Valley San Joaquin Regional Rail Authority https://www.valleylinkrail.com/valleylink‐project Board Meeting Mayor Woerner 10/12/2022 Alameda County Mayors Homeless Working Group Meeting Mayor Woerner 10/12/2022
Alameda County Mayors Conference https://www.alamedacountymayorsconference.org/agend a‐information/
Mayor Woerner 10/13/2022 Civic Appreciation Dinner
Mayor Woerner 10/16/2022 Young Men's Service League
Mayor Woerner 10/18/2022 Chamber of Commerce Leadership Livermore Mayor Woerner 10/20/2022 Tri Valley Non Profit Alliance Grant Presentation Item 8.0
Council Reports
778