Agenda packet — Livermore City Council, November 14, 2022 (part 2 of 3)

EXHIBIT F

INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Tyler shall maintain limits no less than:

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

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

3. Workers’ Compensation and Employer's Liability:

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

A waiver of subrogation, if allowable by law, is required for Workers’ Compensation insurance. [If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability”.]

4. Professional Liability/Errors and Omissions (inclusive of Cyber Protection):
$3,000,000 per claim (with a $2,000,000 sublimit for Cyber). Consultant/ Contractor warrants that any retroactive date under policy shall precede the effective date of this Agreement and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.

5. [Reserved]
Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management. Policies containing any self-insured retention (SIR). The City of Livermore reserves the right to obtain a full certified copy of any insurance certificate and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

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

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

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

1. The City of Livermore, its officers, officials, employees, and designated volunteers are to be covered as additional insureds as respects: liability arising out of the Agreement for activities performed by or on behalf of Tyler; or automobiles owned, leased, hired or borrowed by Tyler. The DocuSign Envelope ID: 912D332A-5C69-475D-BAAD-2A82588E3178

EXHIBIT A
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Revised 9/9/22 B18 – 1M Cyber (revised Tyler)

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coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under Tyler’s policy shall be primary and non- contributory for claims under Tyler’s Commercial General Liability or auto policies that arise out of and relate to the contract and are between Tyler and the Client, and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as applicable standard Acord Forms. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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

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

5. The insurance policy required by this clause shall not be canceled by either party before expiration of the policy unless notice is delivered in accordance with policy provisions.

6. [Reserved]
DocuSign Envelope ID: 912D332A-5C69-475D-BAAD-2A82588E3178

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7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550 Verification of Coverage
Tyler shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore.

DocuSign Envelope ID: 912D332A-5C69-475D-BAAD-2A82588E3178

EXHIBIT A
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CITY COUNCIL STAFF REPORT
ITEM NO. 5.2

DATE:

November 14, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing execution of the first amendment to the agreement with Street Plans for the East Avenue Corridor Study Phase II project to pilot multiple intersection improvements, extend the term to June 30, 2024 and increase the not-to-exceed amount from $198,000 to $496,200.

RECOMMENDED ACTION

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the First Amendment to the Professional Services Agreement with Street Plans for the East Avenue Corridor Study Phase II project and all other necessary documents to implement that agreement.

SUMMARY
On April 13, 2020, the City Council authorized the East Avenue Corridor Study to evaluate roadway conditions, conduct community engagement, and propose improvements to bicycle and pedestrian safety and increase connectivity. On September 28, 2021, the City Manager executed a Professional Services Agreement (Agreement) to conduct a second phase of the East Avenue Corridor Study. The second phase (known as Tactical East Avenue) allows the community to experience potential roadway improvements and staff to evaluate the effectiveness of different roadway alternatives through temporary pilot installations.

From January through October 2022, the project team conducted community engagement in person and online to identify specific design elements for the pilot project. Based on community feedback, the project team is focusing on elements that calm traffic, reduce speeds, and improve pedestrian crossings. Bicycle travel would be integrated into temporary pedestrian and intersection improvements, but bike lanes would require further study. The current budget and scope limit temporary improvements to one intersection; however, based on feedback from the community the project team recommends piloting additional intersections to comprehensively evaluate the effect on the roadway.

Staff recommends the City Council authorize the City Manager to execute the First Amendment to the Professional Services Agreement with Street Plans (Exhibit A to the Resolution) for Phase II of the East 158
Avenue Corridor Study to pilot multiple intersection improvements on East Avenue
between Livermore
High School and East Avenue Middle School. The amendment would extend the term to June 30, 2024, and increase the Agreement budget from $198,000 to $496,200. Capital improvement Project #202222 budgeted $500,000 from Measure B/BB funds for East Avenue Improvements.

DISCUSSION
East Avenue Characteristics

The East Avenue Corridor is approximately 2.5-miles between South Livermore Avenue and South Vasco Road. The General Plan classifies East Avenue a four-lane major street. East Avenue is a high- priority east-west corridor for the community, linking the National Laboratories and Downtown, providing a rapid transit bus line, serving five public schools and five preschools, 13 apartment complexes, the Robert Livermore Community Center, and multiple major employers.

The streetscape and right-of-way on East Avenue varies from segment to segment. Class II on-street bike lanes exist on East Avenue between Madison Avenue and South Vasco Road. On-street parking is allowed generally between South Livermore Avenue and Madison Avenue.

Background

On June 11, 2018, the City Council approved the Active Transportation Plan (ATP), which proposes Class II buffered bicycle lanes on East Avenue, and a variety of pedestrian crossing improvements. The ATP recommends additional study of East Avenue because implementing the buffered bike lanes would require reconfiguring the existing street section through a combination of removing on-street parking, reducing lane widths, and/or reducing the number of travel lanes to accommodate a bike facility.

On April 13, 2020, the City Council authorized the East Avenue Corridor Study to obtain community input and consider the trade-offs to incorporate new bicycling and walking facilities within existing roadways.

Known as Phase I, the Study developed feasible alternatives to improve East Avenue. Phase I concluded in Summer of 2021 and transitioned into Phase II.

On July 26, 2021, Council authorized the execution of an Agreement with Street Plans; a firm that has completed tactical urbanism projects nationwide, including extensive work with California cities. The Agreement was executed on September 28, 2021. Since executing the Agreement, the project team hosted community engagement events on-line, at the farmer’s market, and at public workshops.

Phase II - Tactical East Avenue

Phase II of the Study aims to evaluate the various alternatives through tactical urbanism, and the installation of temporary physical roadway improvements. Also known as pilot projects, the temporary installations would allow staff to study the pre-and post- conditions of the roadway improvements, including changes in travel and traffic patterns. Further, the pilot projects would allow members of the public to experience roadway improvements firsthand and provide feedback to staff. Similarly, the installations would provide an opportunity for partner agencies including emergency services, sanitation services, and transit providers to assess possible roadway configurations before long-term permanent improvements are constructed. Evaluation of temporary, on-the-ground enhancements allow for flexibility and adjustment in development of the final design.
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On March 23, 2022, the project team hosted a public workshop, provided an overview of the project, answered questions, and asked participants to provide input on the types of design elements to pilot.

The themes that emerged included: reduced speeds (traffic calming) and pedestrian improvements, concentrated around East Avenue Middle and Livermore High Schools. In addition, as with Phase I of the study, participants stated a desire for improved lighting throughout the corridor. Finally, there was general support for bicycle facilities along East Avenue, however, concerns remained about loss of parking or travel lanes.

From September 19-22, 2022, the project team hosted a series of design workshops and focus group meetings. Throughout the week the team engaged with over 100 members of the community. Building on the themes from the March workshop, design week kicked off with a public workshop. Attendees identified priority intersections and preferred design elements between Maple Street and Hillcrest Avenue focused on reducing travel speeds and facilitating safe and comfortable crossings.

For the rest of the week, the project team set up studio space in the Civic Center Library's public meeting rooms to design intersection, traffic calming, and pedestrian improvements. The design studio was open to the public and members of the community dropped in to review work products and provide input in real time. In addition, the project team held focus groups discussions with local businesses, residents, schools, agency staff, lab employees, bicycle advocates, and high school students. Design week concluded with an open house that showcased intersection designs for the six intersections between Maple Street and Hillcrest Ave. The project team displayed design concepts and participants voted for their preferred improvement designs.

Generally, participants voiced support for this incremental approach. Although some had concerns about impacts, overall, there was willingness to field test the improvements and evaluate the outcomes. Some participants expressed concerns about bike lanes and encouraged the project team to: 1) design the pedestrian improvements in a manner that would not impede bicycles from using the corridor and 2) continue discussions about improved bicycle facilities in the future.

After receiving community input and evaluating the community’s preferences, the project team recommends piloting all six intersections improvements. Doing so would enable the project team to measure the effectiveness of traffic calming on the roadway conditions and allow the community to meaningfully experience temporary modification to the corridor. To facilitate this expanded approach, the existing contract and scope needs to be adjusted. Staff recommends the City Council authorize the First Amendment to the Agreement, extending the term of the Agreement to June 30, 2024, and providing additional funding to proceed with the installation of all six intersection improvements.

Upon receiving Council authorization, staff would continue to coordinate with Street Plans staff to finalize designs, procure materials, and recruit neighborhood volunteers to assist with installation. Staff anticipates installing the pilot project in the first quarter of 2023. Evaluations of the pilot project would continue approximately through the school year until June/July of 2023.

Staff will gather community feedback on the pilot project and return to Planning Commission and City Council in the summer of 2023 with recommendations on permanent intersection improvements. Staff would also seek Council direction to continue community conversations regarding the possibility of future bike lane improvements. Final decisions on all improvements will be programmed for construction through the City's Capital Improvement Program.
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FISCAL AND ADMINISTRATIVE IMPACTS

Allocation of staff time and utilization of existing staff resources would be necessary to administer the First Amendment to the Agreement and participate in project review, analysis, installation, and community outreach. The original Agreement has a budget of $198,000. The First Amendment has an adjusted budget of $496,200, an increase of approximately $270,000. The 2022-23 Capital Improvement Plan (CIP) contains CIP project# 202222 East Avenue Improvements and broadly covers a range of improvements including bike lanes, signing and striping, lighting, sidewalk, and crossing enhancements.

Project 202222 budgeted approximately $500,000 from Measure B/BB funds for FY 2022-23. Therefore, there is sufficient funding appropriated to the East Avenue project. The Agreement also covers the cost of installation and removal of temporary improvements. Future study of bike lane improvements and/or permanent roadway improvements would be programed as part the City’s Capital Improvement Program update.

ATTACHMENTS

1. Resolution

2. Exhibit A - First Amendment - Professional Services Street Plans

Prepared by: Andy Ross
Senior Planner

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF THE FIRST AMENDMENT TO THE AGREEMENT WITH STREET PLANS IN AN AMOUNT NOT-TO-EXCEED $496,200 FOR

THE EAST AVENUE CORRIDOR STUDY PHASE II PROJECT
On April 13, 2020, the City Council authorized the East Avenue Corridor Study to evaluate roadway conditions, conduct community engagement, and propose improvement alternatives.

On September 28, 2021, the City Manager executed a Professional Services Agreement with the consultant, Street Plans, for Phase II of the Study.

On September 19 through September 22, 2022, the community provided feedback on temporary intersection improvement designs.

Based on this feedback, the East Avenue project team, including city staff, recommends expanding the scope of the Agreement with Street Plans to include multiple intersection improvements.

The proposed First Amendment to the Agreement expands the scope of services, increases the budget, and expands the term to terminate upon completion of services or June 30, 2024, whichever comes first.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that the City Manager is authorized to execute the First Amendment to the Professional Services Agreement with Street Plans, attached hereto as Exhibit A, in an amount not-to-exceed $496,200 for the East Avenue Corridor Study Phase II project.

On motion of Council Member _______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on November 14, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason R. Alcala
Marie Weber Jason R. Alcala
City Clerk City Attorney
Exhibit A – First Amendment to Professional Services Agreement 162
Amendment - Professional Services Agreement Page 1
Rev. 7/2016

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT is made and entered into this ____ day of ________, 2022, by and between the City of Livermore (“City”), a municipal corporation, and Street Plans Collaborative, Inc (“Consultant”), an S corporation licensed to conduct business in California .

RECITALS
On September 28, 2021 , Cit y and Consultant entered into an agreement for Consultant to provide professional community engagement and urban design services for temporary roadway improvements as part of the comprehenisve study of the East Avenue Corridor for the City (“Original Agreement”). Section 22 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

City and Consultant desire to amend the Original Agreement to provide additional project management and expanded design and installation services for the East Avenue Corridor Study. City and Consultant also desire to extend the term of the agreement to June 30, 2024. This is the First Amendment to the Original Agreement.

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

1. The Original Agreement is amended as follows:

A. Section 3 of the Original Agreement is amended to read as follows:

Description of Services Consultant shall provide professional community engagement and urban design services as more particularly set forth in Exabit A-1 to the First Amendment to the Agreement.

B. Section 5 of the Original Agreement is amended to read as follows:

Compensation and Payment (a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $ 496,200 ("not-to-exceed amount") . City shall compensate Consultant for the Services rendered at the hourly rates, task amounts or travel expenses set forth in Exhibit "A-1" up to the not -to-exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts or travel expenses are intended to be Consultant's only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any-and-all other costs, expenses,

EXHIBIT A
163
Amendment - Professional Services Agreement Page 2
Rev. 7/2016
and charges incurred by Consultant, its agents, and employees to provide the Services.

C. Section 6 of the Original Agreement is amended to read as follows:

Term The term of this Agreement commences on September 28, 2021 and terminates upo n the completion of services or June 30 , 2024, whichever occurs first.

2. These amendments are prospective and only apply to the S ervices rendered by Consultant after the execution of this Amendment. Unless otherwise stated herein, this Amendment does not relieve the parties of the terms and conditions of the Original Agreement as written and in effect at the time the Services were rendered.

3. Except as amended above, the Original Agreement remain s in full force and effect.

EXHIBIT A
164
165
East Avenue Corridor Study Phase II
Scope of Work
October 2022
I. Scope Overview
This Scope of Work is for the execution of the East Avenue Corridor Study Phase II, a set of Tactical Urbanism demonstration projects to evaluate alternatives for the Corridor produced in Phase I. This scope has been adapted from that which was included in the RFP, with adaptations where Street Plans has recommended or deemed necessary. This scope includes the following major project milestones/deliverables and is flexible based on conversations between Street Plans and the City of Livermore:

1. Bi-weekly Project Management Team meetings, which includes the Project Managers from both Street Plans and the City.

2. Monthly Technical Advisory Committee meetings.

3. A minimum of two Public Workshops, and other public engagement exercises as described below

4. A series of Tactical Urbanism demonstration projects, each demonstrating a different Corridor Study alternative or component, to be separated into different phases. This scope of services covers the implementation of the first phase, which will be a series of intersection improvements.

5. A kick-off meeting with the grant sponsor Caltrans

6. A programming kick-off event as part of the first demonstration.

7. A final recommendation for the next phase of the East Avenue demonstration project documented in a Phase 2 final report.

III. Scope of Work
Task 1: Project Initiation & Management

1.1 Project Kick-Off Meeting
Following the Notice to proceed, Street Plans will schedule a project kick -off meeting with the City of Livermore. The City Project Manager will invite all necessary city representatives. Street Plans will create an agenda for this meeting, and document me eting minutes. During this meeting, Street Plans will review the project schedule, and finalize milestones with the City of Livermo re, vetting this schedule with staff to gauge a realistic timeline and set expectations for all parties. This meeting will al so review previously developed alternatives, the permitting process, and potential materials. Street Plans will also ask the City for a ny base design files or surveys that could be used in the design and permitting phase of the project, and establish a sch edule of regular check-ins with the City.

1.2 Project Management Team (PMT) Meetings
Our project management process relies on regular, constant communication amongst the Project Management Team (PMT). Street Plans proposes bi-weekly meetings with the City of Livermore initially, with greater frequency as needed. During the design process, for example, these meetings may be held weekly. As deliverables are being developed, maintaining a regular feedback loop with staff and stakeholders will be important.

Street Plans will produce agendas and record minutes for all PMT meetings. During the first PMT meeting, Street Plans will sha re a Roles & Responsibilities Memorandum, to be reviewed and approved by the City of Livermore. This Memo will help the Street Pla ns team understand the capacity of the City to support any aspects of the project outreach and implementation.

1.3 Project Management Plan and Roles/Responsibilities Memo To ensure project milestones are being met, we will create two key documents: a shared Project Management Plan (PMP) spreadsheet and a Roles/Responsibilities Memo. The PMP will contain the following components (at a minimum): Weekly Milestone Schedule, Materials Budget(s), Project Schedule, Outreach Log, Evaluation Plan, Documentation Plan, and Build Day Plan(s). The Exhibit A-1

EXHIBIT A
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spreadsheet will be updated live on the PMT calls as necessary, and will be maintained by Street Plans’ Project Manager in preparation for subsequent calls. From this document, Street Plans will manage the project materials budget, track key milestone progress, make staffing and expense corrections as needed, and bring any budget issues to the client early to develop a mitig ation plan. The plan will outline all essential project elements for each phase, task, and subtask related to specific work elements, schedules, personnel assignments, costs, milestones, and quality control measures. The Roles/Responsibilities Memo will outli ne key project needs regarding resources (what is needed to execute the project) and expectations regarding distribution of responsibilities (who is doing what to execute the project). This document lays out some of these details.

Task # Deliverable

1.1 Kickoff meeting agenda and minutes

1.2 Meeting agendas and minutes

1.3 Project Management Plan, Roles & Responsibilities Memorandum Task 2: Outreach Strategy & Implementation

2.1 Project Promotion/Website
Following the kick-off call, Street Plans will prepare a Promotion Plan for the project, to include both content and a recommended schedule of the following:
● Content for digital outreach through existing City social media platforms. Street Plans and the City will agree upon a strategy for responding to comments about the project posted on these platforms. ● Content for the existing project website, to be sent to the City throughout the course of the project to be uploaded to the website by the City. Regular and frequent website updates are anticipated throughout the course of the project. Street Plans would appreciate the direct contact information for the City staff member responsible for maintaining the website. ● Draft press releases and email communications.
● Project FAQ for the project website, to be updated as the project progresses or as questions from the community arise. ● Pitch stories to local media for news coverage, press, television, radio, and digital. The City will provide a list of any me dia it regularly uses, and forward pitch stories to their contacts. ● Pre- and post-implementation digital and print surveys. ● Business and resident notifications (mailing to be implemented by City) ● Spanish language equivalents to all of the above in line with City policy as needed. ● Digital collateral for outreach, including social media and print flyers and postcards, for all public engagements, as well a s project announcements (all printing to be done by city; SP to prepare graphic materials) The City will lead the execution of the Promotion Plan with support from Street Plans. The City will provide Street Plans with a list of groups and entities that were already engaged in the first phase of the corridor study. Specific attention will be paid to en gaging neighborhoods, businesses and schools adjacent to each project location through direct outreach strategies, as well as entities t hat are typically left out of planning processes.

2.2 Technical Advisory Committee
Street Plans will reconvene the East Avenue Corridor Study Technical Advisory Committee (TAC), and with direction from the City add any additional stakeholders that may need to be included. Street Plans would recommend that community members are also included in this body, not just technical staff. This Committee will be a crucial advisory body for the project. Primarily, the TAC will provide design review, and help amplify public engagement. The TAC will help create a sense of ownership and collaboration, a nd build support for the Tactical Urbanism projects. The TAC will also assist Street Plans in soliciting volunteers for project implementation, and ideally become volunteers themselves!

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TAC meetings will be held monthly. Meetings can be held via Zoom or a similar platform, pending COVID -19 conditions. In-person TAC meetings will be held when they align with in-person trips by the Street Plans team.

Street Plans will prepare all agendas, minutes, action item lists, and other materials for the TAC meetings. Street Plans wil l send out the invites for the TAC meetings, and coordinate members’ availability. The City will lead the invitation process by compiling a list of TAC members, provide any necessary contact information for Street Plans to communicate with potential members, or make introductions with potential members directly.

The first TAC meeting will be held approximately a month prior to the first public workshop, to help the project team with pr omotion and prepare the team to most effectively capture the community’s feedback and input.

2.3 Outreach Trip 1 – Public Workshop #1 and Handlebar Survey Street Plans will conduct an Outreach trip that will include the first public workshop and a handlebar survey. The workshop w ill re- introduce the community to the East Avenue Corridor Study, review Phase I, and get feedback on the alternatives for the Phase II Tactical Urbanism projects. Street Plans will kick off the workshop with an overview of Tactical Urbanism, emphasizing the be nefits of the “test before you invest” approach, and familiarizing the public with what these types of projects look like. Also critical to this conversation will be emphasizing of the purpose of Tactical Urbanism projects is to learn from the results of these temporary tests even if they do not work out as originally intended. Street Plans will briefly review the project timeline before reviewing Phase I of the study, and setting the context for the selection of the Tactical Urbanism projects.

During the same trip as the first public workshop, Street Plans will perform an on -the-ground survey of the corridor, taking measurements where alternatives were proposed in Phase I of the study, to ensure accurate on -the-ground measurements for the Tactical Urbanism project permits. This trip will also include a handlebar survey outreach activity and door -to-door outreach around the project site(s) as necessary to ensure proper notice and public input. This door -to-door outreach will also help identify key stakeholders for the post-implementation stakeholder interviews.

2.4 Public Workshop #2 + Visioning Week
After the first workshop, and in collaboration with City staff and the TAC, Street Plans will produce a strategy for the Tact ical Urbanism projects and develop a schedule for the second Public Workshop and a week of visioning exercises . Visioning Week will include a second public workshop and a series of focus group meetings with stakeholders along the corridor. Street Plans will set up a design studio somewhere close to the corridor and will be designing the tactical urbanism projects iteratively thro ughout the week in tandem with the stakeholder meetings. At the end of the week, there will be an open house to share the work -in-progress designs.

During the workshop, Street Plans will create a “menu” of options for the projects, as well as a proposed map of where these projects would be along the corridor. Street Plans will divide the workshop attendees into small groups to discuss the projec ts. Each small group will present their rankings, and key takeaways from their discussion. The City will print all large-format materials, like aerials and maps, for the workshop.

Street Plans will then reconvene the entire group to discuss how the highest ranked alternatives could be implemented with Ta ctical Urbanism, including the material types and implementation techniques. The presentation and group ranking sheets will be made publicly available on the City’s project website.

The week will culminate in a decision of which projects will be implemented as part of phase 1.

2.5 Interim Public Open Forum

EXHIBIT A
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Street Plans recommends additional public engagements after the Tactical Urbanism project installations to gauge the community response, consider additional phases, and answer questions the community may have. The format of these engagements will be determined after the first phase of tactical projects are implemented, and will be decided by Street Plans and City staff . These sessions can be done virtually, be recorded, and posted to the project website, or be in -person and led by City staff. An additional and important component of this round of public engagement will be sharing the Draft Study Phase II Corridor Study that will include the concept for the next phase of work for implementation of the bike lane and seeking comment.

2.6 Programming Plan
The route and infrastructure are only a small part of Tactical Urbanism events. While residents may be interested in a demons tration project, the programming, messaging, and promotion is the true key to creating an informative, but also fe stive and collaborative, atmosphere. Street Plans will create a programming plan with City staff that identifies opportunities for both pop -up engagements and programming for the kick-off demonstration project. The plan will explore vendor and partner oppo rtunities with the City and TAC and plan programs that include great food, art and music, family-friendly activities, and community partners. For example, an event may feature local food trucks, a photo booth where people can take a photo for social media with a hand-written sign about why they love the event, a climbing wall for children, live music, and a station for decorating bikes and helmets. The progra mming plan will distribute responsibilities between Street Plans, the City Project Team and the TAC. It is understood that the scale, occupancy and complexity of the programming plan will be limited by the resources available to the team. Executing the programming plan will be a shared responsibility between Street Plans and the City, with the understand ing that Street Plans will lead the run-of-show for the kick-off demonstration project.

If COVID restrictions on large gatherings are still in place at the time of the event, the project team can host small group tours of the installation and provide mobile-friendly information about the installation for a self-guided experience.

2.7 Community Survey & Data Collection Effort
We always say “test before you invest”, so creating a data collection and evaluation plan that identifies qualitative and qua ntitative metrics has to be part of our effort. Street Plans will prepare an evaluation and monitoring plan, with any necessary metrics to properly evaluate the project. Metrics may include survey responses, bike, pedestrian, and vehicle counts, vehicle speeds, observed congestion/increased dwell time, and observed cut-through traffic, at a minimum. The Evaluation Plan will also include a section on materials inspection, and each installation’s evaluation report will include the qualitative feedback recei ved for the post- implementation surveys.

Street Plans will create pre-implementation digital surveys to gather feedback on alternatives for those who are not able to join the first Public Workshop. This survey will ask respondents about the challenges the y see along the corridor, which Corridor Study alternatives they’d prefer to be tested, and what they’d want the projects to look like in terms of the types of materials to be used.

This survey will be updated before the installation of the Tactical Urban ism projects to gauge people’s current experience traveling along the corridor. The post-implementation surveys will be compared to the pre-implementation surveys to gauge changes in responses based on the projects. The pre-implementation surveys will be posted a month prior to each alternative’s implementation on the website, and disseminated via social media, email lists, etc.

The digital post-implementation survey (on a platform like Survey Monkey) will be posted on temporary signage installed within each projects’ extents for passersby. The survey will also be printed and used by Street Plans/the City during the community ev ents.

The online surveys will remain open until one week after the final Tactical Urbanism installation is removed. Results will be summarized and included in the Draft and Final Phase II Studies (Task 4).

As part of this task, Street Plans will also work with the city to gather quantitative data, such as bike/ped counts, Average Daily Traffic, or speed counts, both before and after the build. For example, in many projects the Police Department will gather before/after speed data for demonstration projects. That may be a strategy we employ here.

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2.8 Stakeholder Interviews
One of the main goals of this project is to gauge community su pport for each alternative. To this end, Street Plans will also conduct interviews with a wide range of stakeholders from residents and school representatives to business owners and members of the advocacy community (Bike East Bay). The interviews will be held before and after each demonstration to solicit feedback on how the project has been functioning and general observations or support about each alternative. At the start of the project, Street Plans will work with the City and the TAC to identify a roster of potential interviewees. We will augment this list with other candidates when we conduct our door-to-door outreach during the trip for the second workshop. The goal should be to identify 20 -30 interview subjects who will provide “apples to apples” feedback for each demonstration alternative.

Task # Deliverable

2.1 Promotion Plan, promotional content and materials listed

2.2 Meeting agendas and minutes, meeting coordination

2.3 PowerPoint presentation, workshop materials, workshop summary, photos. Summary will be converted into Study appendix in Task 4.2.

2.4 PowerPoint presentation, workshop materials, workshop summary, photos. Summary will be converted into Study appendix in Task 4.2

2.5 Coordination of interim open forum, as needed. Summary of questions and answers to be posted on the website.

Forum recording for the website if it is held virtually.

2.6 Programming plan; leadership in executing programming for kick-off demonstration

2.7 Evaluation + monitoring Plan and summary of initial data collected. Online and in-person survey, results and analysis. Summary will be converted into Study appendix in Task 4.2.

2.8 Interview notes. Summaries will be converted into Study appendix in Task 4.2

Task 3: Tactical Urbanism Demonstration Projects
It is understood that the main goal of this project is to help community members experience first -hand the alternatives that are being proposed as part of the Corridor Study. To this end, Street Plans will work with the TAC, and City staff to design and execute a series of tactical urbanism projects separated out into different phases, as part of this scope. The exact type, number, scale, length, duration, and spacing of the demonstrations shall be determined in collabora tion with City staff based on the proposed alternatives, approved materials, and removal protocols.

3.1 Project Designs
After the initial TAC meetings, and in anticipation of the first workshop we will begin evaluating the East Avenue Corridor Study Phase I alternatives. We will identify potential locations and types of demonstration projects that may be implemented, and will look for locations where we can demonstrate both bicycle elements and (e.g. buffered bike lane) and pedestrian improvements (e.g. crosswalks, curb extensions, etc.) without altering the center line of the center turn lane or adjacent travel lanes. We will work within the existing striping between the curb face and the inner travel lane wherever possible. Conflicting striping will be covered / grinded off as necessary.

Our evaluation of potential tactical urbanism projects are based on practicality, balanced against organizational/governmental commitment, volunteer capacity, materials and project delivery budget, local business involve ment, political support and the built context: land use, street characteristics (speed, volume, crash history), and other urban design aspects conducive to a range of project types, and all while considering geographic/social/economic equity in the selecti on process.

EXHIBIT A
170

Once we’ve identified the range of project location(s) and types, the exact scale, duration, sequencing and complexity of each Tactical Urbanism installation will be determined through a combination of our ongoing TAC meetings, workshops, a detailed review of the East Avenue Corridor Study Phase I, and conversations with the Caltrans design review team. It is understood that there will be multiple phases of tactical urbanism projects, and that the city will play a leading role in permitting and will support S treet Plans in the execution of the projects with staff, materials, and equipment as necessary to imp lement the projects.

The consultant team will develop detailed conceptual plans to ensure feasibility and to help guide implementation. The development of the plans will take place in close collaboration with the City’s Public Works and Community Develop ment Departments and may make use of materials already on hand or require purchasing new materials to fit the scale/scope of the project(s), and staff capacity to support construction.

The plans for the Tactical Urbanism projects will match the proposed a lternative(s) from the Study as closely as possible, with the understanding that Tactical Urbanism projects do not change existing curbs or involve any permanent materials or capital improvements. The project(s) will be implemented within the existing right-of-way and use existing striping as much as possible. The plans will also note the temporary materials to be used, and where project and Manual on Uniform Traffic Control Devices (MUTCD) signage will be located.

Street Plans will lead the design process in collaboration with the City of Livermore Engineering department. Street Plans will prepare all documents necessary for implementation, including striping and signage plans , but will not have the plans stamped/signed by an engineer. No engineering or permitting is envisioned as part of this scope.

3.3 Installation & Removal
Street Plans will provide on-the-ground leadership in delivering the projects in collaboration with City staff, volunteers, and stakeholders. For each Tactical Urbanism demonstration, Street Plans will produce a detailed Implementation Plan, which will detail “pre-build” tasks like materials staging and deployment, street cleaning, etc., roles and responsibilities, and a schedule of task s for the days of implementation. These build day schedules will assign captains to groups of volunteers, and detail tasks within two-hour time frames. This will help the team be as prepared as possible, but a contingency plan will also be developed in the case of inclement weather, etc. It is understood that the City will play a strong role in the implementation and maintena nce of each project, including participation in the build days, the kick-off programming, ongoing maintenance and monitoring, project removal, and other elements as identified in the roles/responsibilities memo and implementation plan. Street Plans will lead execution of the Implementation Plan for each build.

The Implementation Plans will all be completed a month prior to project implementation, which is the recommended lead time for materials procurement. Also a month in advance, Street Plans will set up an online volunteer sign-up on Sign-Up Genius, and tap the TAC and other project stakeholders for volunteer recruitment.

Beyond attention to detail and making the implementation process look simple, installation planning requires a sense of fun a nd an expectation that not everything will go exactly to plan. Indeed, some logistical challenge will undoubtedly arise within the p lanning process! Knowing this in advance will allow our team to set clear expectations with all partners. Our team is experienced i n this regard and will advise the City on how to transform challenges into opportunities for learning and capacity building at the l ocal level.

Street Plans will work with the City to ensure that the project installation, community events, and removal ar e being documented with photo and video. Street Plans would recommend a timelapse for each installation, and prioritize documentation of volunte ers installing, and using, each project. City to provide documentation needs. Street Plans will assist the city with ongoing monitoring during the project demonstration period, to be documented via the methodology laid out in the evaluation plan. Project removal or

EXHIBIT A
171

any adjustments that may need to be made to the striping or projects after project implementation will be the responsibility of city staff.

Task # Deliverable

3.1 Project design plans

3.2 Project striping and signage plans, Maintenance of Traffic Plans (if necessary), Implementation Plans for each installation, Sign-Up Genius digital volunteer sign-ups, final Evaluation Plans

3.3 Coordination and leading of each installation, build day plans for each installation

Task 4: East Avenue Corridor Study Phase II

4.1 Draft Study Phase II Corridor Study
Based on comments received during Tactical Urbanism installations, promotional events, project website, data collection effort, and other community engagement activities, Street Plans will prepare a concise Draft Phase II Corridor Study document that summa rizes the results of this phase of work, including chapters covering existing conditions, outreach process and description of the t actical urbanism installations. The summary will include an analysis of an alternative for the next phase of work, including a description and justification of the preferred alternative, summary of findings and community feedback, and implementation strategy, includin g project level cost estimates for the preferred alternative, and performance The summary will include a block-by-block conceptual plan for the bike lane component of the project to be implemented in a subsequent phase of work.

4.2 Phase II Study Summary Presentations
Street Plans will present the findings to the Planning Commission, City Staff, and City Council. Street Plans will support the City in presenting the Final East Avenue Corridor Study (Phase I and II) at the Livermore Planning Commission, and City Council meeti ng (virtual). If needed, revise Study to resolve any critical issues.

Task # Deliverable

4.1 Draft Summary Document

4.2 Draft Summary Presentations

EXHIBIT A
172

IV. Fee Schedule

Task Labor Expenses / Subs
Task 1: Project Initiation & Management ($42,000)
Task 1.1: Project Kick-Off $1,000
Task 1.2: Project Management Team (PMT) Meetings $37,000 Task 1.3: Project Management Plan and Roles/Responsibilities Memo $4,000 Task 2: Outreach Strategy & Implementation ($66,700)
Task 2.1: Project Promotion/Website $5,000
Task 2.2: Technical Advisory Committee $5,000
Task 2.3: Public Workshop #1 $8,000
Task 2.4: Public Workshop #2 + Visioning Week $22,700
Task 2.5 Interim Public Open Forum $8,000
Task 2.6: Programming Plan $5,000
Task 2.7: Community Survey + Data Collection Effort $6,500 $15,000 Task 2.8: Stakeholder Interviews $6,500
Task 3: Tactical Urbanism Demonstration Project ($150,000) Task 3.1: Design Plans $50,000
Task 3.2: Logistics and Permitting $50,000
Task 3.3: Installation $50,000 $167,000
Task 4: East Avenue Corridor Study Phase II ($28,500)
Task 4.1: Draft Study Phase II Corridor Study $25,000
Task 4.2 Phase II Study Summary Presentations $3,500
Subtotal $287,200 $182,000
Total $469,200

EXHIBIT A
173

CITY COUNCIL STAFF REPORT
ITEM NO. 5.3

DATE:

November 14, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing an increase in the construction contract change order allowance by $237,441 to a cumulative not-to-exceed amount of $588,141 for the Livermorium Plaza at Mills Square Park, Project No. 2014-36; and a
uthorizing the acceptance for
permanent maintenance and release of the security bonds for the Livermorium Plaza at Mills Square Park Project.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:
1 .

Authorizing an increase in the construction contract change order allowance by $237,441 to a cumulative not to exceed amount of $588,141 for the Livermorium Plaza at Mills Square Park, Project No. 2014-36; and
2 .

Authorizing the acceptance for permanent maintenance and release of the security bonds for the Livermorium Plaza at Mills Square Park Project. The City Manager is authorized to sign the Notice of Completion, a copy of which is attached as Exhibit A and incorporated by this reference.

SUMMARY
On April 26, 2021, the City Council awarded the contract for construction of Livermorium Plaza at Mills Square Park, Project No. 2014-36, to Robert A. Bothman Construction, Inc. The contract was substantially completed on June 15, 2022. Change order work exceeded the 10 percent allowance by another 6.8 percent, primarily due to added costs from unforeseen soil conditions and unanticipated requirements imposed by Alameda County Department of Environmental Health (ACDEH) associated with the required hydrocarbon remediation.

The project can now be accepted for permanent maintenance. The release of security bonds can be authorized.

DISCUSSION
The Livermorium Plaza at Mill Square Park, Project No. 2014-36 consisted of remediating lead and hydrocarbon contamination at the former Mill Square Park and then constructing a new approximately 174
8,500 square foot park. The park commemorates the discovery of the new element, Livermorium. At the center of the park is a water feature with a granite ball that park visitors can spin. The granite ball represents the nucleus of Livermorium, and the element's116 electrons are represented by granite markers with scientific facts.

Just prior to initiation of remediation activities, the Alameda County Department of Environmental Health (ACDEH) required additional documentation and specific remediation requirements not originally anticipated, such as professional and construction technique reporting, additional soil testing and reporting, direct loading into trucks for contaminated soils off-hauled, and continual vapor monitoring during excavation. During construction, the contractor also uncovered an Underground Storage Tank (UST). Construction activities were stopped until the UST and surrounding soils were tested, and results were reported to ACDEH and Livermore Pleasanton Fire Department. These activities increased remediation costs. Some project cost increases can also be attributed to material delays that occurred during the pandemic associated with global supply chain problems. Now that the remediation is complete, the City will be able to receive case closures for both the Lead and Hydrocarbon cases assigned to the project site by ACDEH.

The project was completed in accordance with the contract documents in a manner acceptable to the City Engineer and can now be accepted for permanent maintenance. At time of award, the contractor provided a faithful performance bond guaranteeing completion of the project, and that bond must also be released. Six months after the date of the resolution accepting the project, the labor and materials bond guaranteeing the improvements should be reduced to an amount equal to any claims filed and of which notice has been given. The balance of the bond will be released upon the settlement of all claims and obligations for which the security was given (there are no known claims at this time). The security for the guarantee and warranty of work shall remain in effect for one year from the date of the resolution.

FISCAL AND ADMINISTRATIVE IMPACTS

The original construction contract amount was $3,507,000, plus a 10 percent contingency. The final contract amount is $4,095,141, which is 16.8 percent above the original contract based on final bid item quantities, and 34 change orders. The total value of change orders was $588,141, which consisted primarily of hydrocarbon remediation activities, unforeseen conditions, unanticipated requirements imposed by Alameda County Department of Environmental Health (ACDEH), and supply chain shortages and delays.

Funding for the construction contract and increased change order allowance is covered in the current budget for Livermorium Plaza at Mill Square Park Project 2014-36 in the FY 2021-23 Capital Improvement Plan. No additional appropriations are required.

The Livermorium maintenance cost is estimated at approximately $21,000 per year. This cost is included in the Engineer’s report for FY 2022-23 and will be paid by the Downtown Landscape Maintenance District, which is funded by Downtown property owners and the City.

ATTACHMENTS

1. Resolution

2. Exhibit A - Notice of Completion
175

Prepared by: Mike Stamm
Construction Inspection Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING AN INCREASE IN THE CONSTRUCTION CONTRACT CHANGE ORDER ALLOWANCE BY $237,441, TO A CUMULATIVE NOT-TO-EXCEED AMOUNT OF $588,141 AND AUTHORIZING THE ACCEPTANCE

FOR PERMANENT MAINTENANCE AND RELEASE OF SECURITY BONDS (Livermorium Plaza at Mills Square Park, Project No. 2014-36) The City Engineer of the City of Livermore has filed with the City Clerk a report in writing that all work on the Livermorium Plaza at Mills Square Park, Project No. 2014-36 (“Project”) has been completed to City standards. The Project is ready for acceptance by the City of Livermore for routine maintenance.

The project exceeded the 10 percent change order allowance by 6.8 percent, primarily due to added costs from unforeseen soil conditions and unanticipated requirements imposed by Alameda County Department of Environmental Health (ACDEH) associated with the required hydrocarbon remediation.

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

1. The City Council authorizes a change order allowance increase by $237,441, to a cumulative not-to-exceed amount of $588,141.

2. The faithful performance bond guaranteeing the Project is hereby released.

3. The labor and materials bond guaranteeing the Project shall, six months after the date of this resolution, be reduced to an amount equal to the amount of all claims filed and of which notice has been given. The balance of the bond shall be released upon the settlement of all such claims and obligations for which the security was given.

4. The security for the guarantee and warranty of work shall remain in effect for one year from the date of this resolution. The contractor is required to reconstruct any deficiencies that occur and to repair or replace defective materials during the maintenance period.

5. The City hereby accepts the improvements; and

6. The City Manager is authorized to sign the Notice of Completion, a copy of which is attached hereto as Exhibit A and incorporated by this reference.

On motion of Council Member _______________________, seconded by Council Member _______________, the foregoing resolution was passed and adopted on November 14, 2022, by the following vote:
177
RESOLUTION NO. ________
AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Tara M. Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Notice of Completion
178

EXHIBIT A
179

CITY COUNCIL STAFF REPORT
ITEM NO. 5.4

DATE:

November 14, 2022
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution approving an amendment to the City of Livermore Salary Plan to reflect market equity adjustments for Water Resources Mechanic I and Water Resources Mechanic II.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution approving the City of Livermore Salary Plan as of November 2022, in accordance with California Code of Regulations, Title 2, Section 570.5.

SUMMARY
A summary of the changes to the Salary Plan are as follows:

Market Equity Adjustments to the following Association of Livermore Employees classifications effective November 21, 2022:

Water Resources Mechanic I (Class 458) - 1%
Water Resources Mechanic II (Class 459) - 1.5%

DISCUSSION
Staff is recommending the following changes be made to the salary plan.

On October 11, 2021, the City Council adopted a successor MOU with the Association of Livermore Employees (ALE). This MOU included a Side Letter Agreement for a compensation study. After completing the initial study, ALE identified 10 additional classifications which needed to be studied. The City studied those additional classifications and found the following 2 classifications needing market equity adjustments:

Water Resources Mechanic I (Class 458) - 1%
Water Resources Mechanic II (Class 459) - 1.5%

FISCAL AND ADMINSITRATIVE IMPACTS

180
The annual cost of the market equity adjustments for these classifications is $7,500. The FY 2022-23 budget will be able to absorb this increase.

ATTACHMENTS

1. Resolution

2. Exhibit A - Salary Plan Effective November 2022

Prepared by: Kaylin Larson
HR Analyst II

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ADOPTING THE CITY OF LIVERMORE SALARY
PLAN DATED NOVEMBER 2022, IN ACCORDANCE WITH
CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
The proposed City of Livermore Salary Plan, attached hereto as Exhibit A, is intended to make the following amendments:
 Market equity adjustments for the following Association of Livermore Employees classifications effective November 21, 2022:
o Water Resources Mechanic I (Class Code 458) – 1%
o Water Resources Mechanic II (Class Code 459) – 1.5%
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that the amended Salary Plan attached hereto as Exhibit A, is hereby approved and effective November 21, 2022, in accordance with California Code of Regulations, Title 2, Section 570.5.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on November 14, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason R. Alcala ________________ Marie Weber Jason Alcala
City Clerk City Attorney
Exhibit A – Salary Plan dated November 2022
182
Salary

Plan
November
2022

EXHIBIT A
183
CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RAT

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E 221 01 ACCOUNT CLERK 64,431.69 67,587.79 70,891.90 74,361.23 78,004.03 Sch=M22 5,369.31 5,632.32 5,907.66 6,196.77 6,500.34
1,239.07 1,299.77 1,363.31 1,430.02 1,500.08

30.97677 32.49413 34.08264 35.75059 37.50194
225 02 ACCOUNT CLERK, JUNIOR 58,340.20 61,181.95 64,165.78 67,298.80 70,588.46 Sch=M22 4,861.68 5,098.50 5,347.15 5,608.23 5,882.37
1,121.93 1,176.58 1,233.96 1,294.21 1,357.47

28.04817 29.41440 30.84893 32.35519 33.93676
222 03 ACCOUNT CLERK, SENIOR 70,146.83 73,578.90 77,182.57 80,966.43 84,939.48 Sch=M22 5,845.57 6,131.58 6,431.88 6,747.20 7,078.29
1,348.98 1,414.98 1,484.28 1,557.05 1,633.45

33.72444 35.37447 37.10700 38.92617 40.83629
223 05 ACCOUNTANT, JUNIOR 83,917.12 88,075.24 92,441.28 97,025.61 101,839.17 Sch=M22 6,993.09 7,339.60 7,703.44 8,085.47 8,486.60
1,613.79 1,693.75 1,777.72 1,865.88 1,958.45

40.34477 42.34387 44.44292 46.64693 48.96114
224 04 ACCOUNTING TECHNICIAN 74,530.90 78,182.19 82,016.02 86,041.55 90,268.37 Sch=M22 6,210.91 6,515.18 6,834.67 7,170.13 7,522.36
1,433.29 1,503.50 1,577.23 1,654.65 1,735.93

35.83216 37.58759 39.43078 41.36613 43.39825
213 14 ADMINISTRATIVE 78,111.89 81,942.22 85,964.06 90,187.00 94,621.08 Sch=M22 ASSISTANT 6,509.32 6,828.52 7,163.67 7,515.58 7,885.09 1,502.15 1,575.81 1,653.16 1,734.37 1,819.64

37.55379 39.39530 41.32888 43.35913 45.49090
206 06 ADMINISTRATIVE 78,111.89 81,942.22 85,964.06 90,187.00 94,621.08 Sch=M22 TECHNICIAN 6,509.32 6,828.52 7,163.67 7,515.58 7,885.09 1,502.15 1,575.81 1,653.16 1,734.37 1,819.64

37.55379 39.39530 41.32888 43.35913 45.49090
471 01 AIRPORT SERVICE 68,255.30 71,592.81 75,097.18 78,776.77 82,640.34 Sch=PS1 ATTENDANT 5,687.94 5,966.07 6,258.10 6,564.73 6,886.70 1,312.60 1,376.78 1,444.18 1,514.94 1,589.24

32.81505 34.41962 36.10441 37.87345 39.73093
473 02 AIRPORT SERVICE 73,266.77 76,854.85 80,622.32 84,578.18 88,731.82 Sch=PS1 ATTENDANT SENIOR 6,105.56 6,404.57 6,718.53 7,048.18 7,394.32 1,408.98 1,477.98 1,550.43 1,626.50 1,706.38

35.22441 36.94945 38.76073 40.66259 42.65953
290 07 ANIMAL CONTROL 77,492.10 81,291.44 85,280.74 89,469.50 93,867.70 Sch=M22 OFFICER 6,457.68 6,774.29 7,106.73 7,455.79 7,822.31 1,490.23 1,563.30 1,640.01 1,720.57 1,805.15

37.25582 39.08242 41.00036 43.01418 45.12870
465 66 ASSET MANAGEMENT 104,624.76 109,780.74 115,194.51 120,878.97 126,847.64 Sch=M22 SPECIALIST 8,718.73 9,148.40 9,599.54 10,073.25 10,570.64 2,012.01 2,111.17 2,215.28 2,324.60 2,439.38

50.30037 52.77920 55.38198 58.11489 60.98444

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/10/2022

EXHIBIT A
184
CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RAT

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/10/2022
281 08 BUILDING INSPECTOR I 91,922.97 96,443.85 101,190.77 106,175.04 111,408.53 Sch=M22 7,660.25 8,036.99 8,432.56 8,847.92 9,284.04
1,767.75 1,854.69 1,945.98 2,041.83 2,142.47

44.19374 46.36724 48.64941 51.04569 53.56179
282 09 BUILDING INSPECTOR II 98,829.37 103,695.57 108,805.08 114,170.07 119,803.30 Sch=M22 8,235.78 8,641.30 9,067.09 9,514.17 9,983.61
1,900.56 1,994.15 2,092.41 2,195.58 2,303.91

47.51412 49.85364 52.31013 54.88946 57.59774
277 56 BUILDING INSPECTOR III 101,742.42 106,754.27 112,016.71 117,542.27 123,344.12 Sch=M22 8,478.54 8,896.19 9,334.73 9,795.19 10,278.68
1,956.59 2,052.97 2,154.17 2,260.43 2,372.00

48.91463 51.32417 53.85419 56.51071 59.30006
288 10 BUILDING INSPECTOR, 106,754.27 112,016.71 117,542.27 123,344.12 129,436.06 Sch=M22 SENIOR 8,896.19 9,334.73 9,795.19 10,278.68 10,786.34 2,052.97 2,154.17 2,260.43 2,372.00 2,489.16

51.32417 53.85419 56.51071 59.30006 62.22888
249 11 CIVIL ENGINEER, 109,758.92 115,171.60 120,854.90 126,822.38 133,088.24 Sch=M22 ASSISTANT 9,146.58 9,597.63 10,071.24 10,568.53 11,090.69 2,110.75 2,214.84 2,324.13 2,438.89 2,559.39

52.76871 55.37096 58.10332 60.97230 63.98473
254 12 CIVIL ENGINEER, 118,917.90 124,788.54 130,952.70 137,425.07 144,221.06 Sch=M22 ASSOCIATE 9,909.83 10,399.05 10,912.73 11,452.09 12,018.42 2,286.88 2,399.78 2,518.32 2,642.79 2,773.48

57.17207 59.99449 62.95803 66.06975 69.33705
247 13 CIVIL ENGINEER, JUNIOR 96,460.59 101,208.34 106,193.49 111,427.90 116,924.03 Sch=M22 8,038.38 8,434.03 8,849.46 9,285.66 9,743.67
1,855.01 1,946.31 2,042.18 2,142.84 2,248.54

46.37528 48.65786 51.05456 53.57111 56.21348
292 17 COMMUNITY 68,338.90 71,680.57 75,189.35 78,873.54 82,741.96 Sch=M22 SERVICE SPECIALIST 5,694.91 5,973.38 6,265.78 6,572.80 6,895.16 1,314.21 1,378.47 1,445.95 1,516.80 1,591.19

32.85524 34.46181 36.14873 37.91997 39.77979
294 19 CRIME & INTELLIGENCE 89,140.17 93,521.91 98,122.73 102,953.61 108,026.02 Sch=M22 ANALYST* 7,428.35 7,793.49 8,176.89 8,579.47 9,002.17 1,714.23 1,798.50 1,886.98 1,979.88 2,077.42

42.85585 44.96246 47.17439 49.49693 51.93559
296 62 CRIME PREVENTION 73,797.05 77,411.64 81,206.95 85,192.03 89,376.36 Sch=M22 SPECIALIST 6,149.75 6,450.97 6,767.25 7,099.34 7,448.03 1,419.17 1,488.69 1,561.67 1,638.31 1,718.78

35.47935 37.21713 39.04180 40.95771 42.96940
208 21 DIVISION CLERK 65,983.39 69,207.30 72,592.40 76,146.74 79,878.83 Sch=M22 5,498.62 5,767.28 6,049.37 6,345.56 6,656.57
1,268.91 1,330.91 1,396.01 1,464.36 1,536.13

31.72278 33.27274 34.90019 36.60901 38.40328

EXHIBIT A
185
CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RAT

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/10/2022
234 64 ECONOMIC DEVELOPMENT 85,772.49 89,985.85 94,409.89 99,055.11 103,932.59 Sch=M22 SPECIALIST 7,147.71 7,498.82 7,867.49 8,254.59 8,661.05 1,649.47 1,730.50 1,815.57 1,904.91 1,998.70

41.23677 43.26243 45.38937 47.62265 49.96759
467 38 ELECTRICIAN 92,057.69 96,622.84 101,416.26 106,449.34 111,734.08 Sch=PS1 7,671.47 8,051.90 8,451.36 8,870.78 9,311.17
1,770.34 1,858.13 1,950.31 2,047.10 2,148.73

44.25850 46.45329 48.75782 51.17757 53.71831
255 23 ENGINEER, ASSISTANT 104,624.75 109,780.73 115,194.50 120,878.96 126,847.63 Sch=M22 8,718.73 9,148.39 9,599.54 10,073.25 10,570.64
2,012.01 2,111.17 2,215.28 2,324.60 2,439.38

50.30036 52.77920 55.38197 58.11488 60.98444
256 24 ENGINEER, JUNIOR 91,938.91 96,460.60 101,208.35 106,193.50 111,427.91 Sch=M22 7,661.58 8,038.38 8,434.03 8,849.46 9,285.66
1,768.06 1,855.01 1,946.31 2,042.18 2,142.84

44.20140 46.37529 48.65786 51.05457 53.57111
273 63 ENGINEERING SPECIALIST 104,624.75 109,780.73 115,194.50 120,878.96 126,847.63 Sch=M22 8,718.73 9,148.39 9,599.54 10,073.25 10,570.64
2,012.01 2,111.17 2,215.28 2,324.60 2,439.38

50.30036 52.77920 55.38197 58.11488 60.98444
284 25 ENGINEERING 89,921.74 94,342.55 98,984.41 103,858.37 108,976.02 Sch=M22 TECHNICIAN, ASSIST 7,493.48 7,861.88 8,248.70 8,654.86 9,081.34 1,729.26 1,814.28 1,903.55 1,997.28 2,095.69

43.23161 45.35700 47.58866 49.93191 52.39232
275 26 ENGINEERING 96,460.59 101,208.34 106,193.49 111,427.90 116,924.03 Sch=M22 TECHNICIAN, ASSOC 8,038.38 8,434.03 8,849.46 9,285.66 9,743.67 1,855.01 1,946.31 2,042.18 2,142.84 2,248.54

46.37528 48.65786 51.05456 53.57111 56.21348
279 28 ENGINEERING 100,226.56 105,162.62 110,345.48 115,787.49 121,501.60 Sch=M22 TECHNICIAN, SENIOR 8,352.21 8,763.55 9,195.46 9,648.96 10,125.13 1,927.43 2,022.36 2,122.03 2,226.68 2,336.57

48.18585 50.55895 53.05071 55.66706 58.41423
410 40 FACILITIES MAINTENANCE 58,019.99 60,845.72 63,812.74 66,928.11 70,199.25 Sch=PS1 TRAINEE 4,835.00 5,070.48 5,317.73 5,577.34 5,849.94 1,115.77 1,170.11 1,227.17 1,287.08 1,349.99

27.89423 29.25275 30.67920 32.17698 33.74964
411 41 FACILITIES MAINTENANCE 65,027.09 68,203.17 71,538.05 75,039.69 78,716.41 Sch=PS1 WORKER I 5,418.92 5,683.60 5,961.50 6,253.31 6,559.70 1,250.52 1,311.60 1,375.73 1,443.07 1,513.78

31.26302 32.78999 34.39329 36.07677 37.84443
412 42 FACILITIES MAINTENANCE 69,767.56 73,180.67 76,764.44 80,527.40 84,478.50 Sch=PS1 WORKER II 5,813.96 6,098.39 6,397.04 6,710.62 7,039.88 1,341.68 1,407.32 1,476.24 1,548.60 1,624.59

33.54210 35.18301 36.90598 38.71510 40.61466

EXHIBIT A
186
CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RAT

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/10/2022
413 43 FACILITIES MAINTENANCE 73,266.77 76,854.85 80,622.32 84,578.18 88,731.82 Sch=PS1 WORKER, SENIOR 6,105.56 6,404.57 6,718.53 7,048.18 7,394.32 1,408.98 1,477.98 1,550.43 1,626.50 1,706.38

35.22441 36.94945 38.76073 40.66259 42.65953
414 20 FACILITIES MAINTENANCE 82,509.20 86,559.39 90,812.09 95,277.43 99,966.04 Sch=PS1 WORKER, SUPERVISING 6,875.77 7,213.28 7,567.67 7,939.79 8,330.50 1,586.72 1,664.60 1,746.39 1,832.26 1,922.42

39.66788 41.61509 43.65966 45.80646 48.06060
950 18 FAMILY THERAPIST 90,466.04 94,914.08 99,584.52 104,488.47 109,637.63 Sch=M22 7,538.84 7,909.51 8,298.71 8,707.37 9,136.47
1,739.73 1,825.27 1,915.09 2,009.39 2,108.42

43.49329 45.63177 47.87717 50.23484 52.71040
444 51 FLEET SERVICES WORKER 58,020.03 60,845.77 63,812.79 66,928.16 70,199.30 Sch=PS1 4,835.00 5,070.48 5,317.73 5,577.35 5,849.94
1,115.77 1,170.11 1,227.17 1,287.08 1,349.99

27.89425 29.25277 30.67923 32.17700 33.74966
274 59 GIS SPECIALIST 104,624.75 109,780.71 115,194.49 120,878.95 126,847.62 Sch=M22 8,718.73 9,148.39 9,599.54 10,073.25 10,570.64
2,012.01 2,111.17 2,215.28 2,324.60 2,439.38

50.30036 52.77919 55.38197 58.11488 60.98443
420 11 GROUNDSKEEPER 58,019.99 60,845.72 63,812.73 66,928.10 70,199.24 Sch=PS1 TRAINEE 4,835.00 5,070.48 5,317.73 5,577.34 5,849.94 1,115.77 1,170.11 1,227.17 1,287.08 1,349.99

27.89423 29.25275 30.67920 32.17697 33.74963
421 12 GROUNDSKEEPER I 65,027.09 68,203.17 71,538.05 75,039.69 78,716.41 Sch=PS1 5,418.92 5,683.60 5,961.50 6,253.31 6,559.70
1,250.52 1,311.60 1,375.73 1,443.07 1,513.78

31.26302 32.78999 34.39329 36.07677 37.84443
422 13 GROUNDSKEEPER II 69,767.56 73,180.68 76,764.44 80,527.40 84,478.50 Sch=PS1 5,813.96 6,098.39 6,397.04 6,710.62 7,039.88
1,341.68 1,407.32 1,476.24 1,548.60 1,624.59

33.54210 35.18302 36.90598 38.71510 40.61466
423 14 GROUNDSKEEPER III 73,266.77 76,854.85 80,622.32 84,578.18 88,731.82 Sch=PS1 6,105.56 6,404.57 6,718.53 7,048.18 7,394.32
1,408.98 1,477.98 1,550.43 1,626.50 1,706.38

35.22441 36.94945 38.76073 40.66259 42.65953
424 04 GROUNDSKEEPER, 82,509.20 86,559.39 90,812.09 95,277.43 99,966.04 Sch=PS1 SUPERVISING 6,875.77 7,213.28 7,567.67 7,939.79 8,330.50 1,586.72 1,664.60 1,746.39 1,832.26 1,922.42

39.66788 41.61509 43.65966 45.80646 48.06060
228 16 INFORMATION 77,929.16 81,787.89 85,839.56 90,093.81 94,560.77 Sch=M22 TECHNOLOGY TECHNICIAN 6,494.10 6,815.66 7,153.30 7,507.82 7,880.06 1,498.64 1,572.84 1,650.76 1,732.57 1,818.48

37.46594 39.32110 41.26902 43.31433 45.46191

EXHIBIT A
187
CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RAT

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/10/2022
271 57 INFORMATION TECHNOLOGY 85,583.00 89,824.42 94,277.91 98,954.08 103,864.05 Sch=M22 TECHNICIAN, SENIOR 7,131.92 7,485.37 7,856.49 8,246.17 8,655.34 1,645.83 1,727.39 1,813.04 1,902.96 1,997.39

41.14567 43.18482 45.32592 47.57408 49.93464
426 52 LANDSCAPE MAINTENANCE 78,376.20 82,219.74 86,255.45 90,492.96 94,942.33 Sch=PS1 SPECIALIST 6,531.35 6,851.65 7,187.95 7,541.08 7,911.86 1,507.23 1,581.15 1,658.76 1,740.25 1,825.81

37.68087 39.52872 41.46897 43.50623 45.64535
263 29 LIBRARIAN I 70,548.38 74,000.54 77,625.29 81,431.29 85,427.58 Sch=M22 5,879.03 6,166.71 6,468.77 6,785.94 7,118.97
1,356.70 1,423.09 1,492.79 1,565.99 1,642.84

33.91749 35.57718 37.31985 39.14966 41.07095
260 30 LIBRARIAN II 78,264.55 82,102.51 86,132.36 90,363.71 94,806.62 Sch=M22 6,522.05 6,841.88 7,177.70 7,530.31 7,900.55
1,505.09 1,578.89 1,656.39 1,737.76 1,823.20

37.62719 39.47236 41.40979 43.44409 45.58011
242 32 LIBRARY ASSISTANT 66,391.61 69,635.92 73,042.45 76,619.31 80,375.01 Sch=M22 5,532.63 5,802.99 6,086.87 6,384.94 6,697.92
1,276.76 1,339.15 1,404.66 1,473.45 1,545.67

31.91904 33.47881 35.11656 36.83621 38.64183
243 33 LIBRARY ASSISTANT, 74,530.90 78,182.19 82,016.02 86,041.55 90,268.37 Sch=M22 SUPERVISING 6,210.91 6,515.18 6,834.67 7,170.13 7,522.36 1,433.29 1,503.50 1,577.23 1,654.65 1,735.93

35.83216 37.58759 39.43078 41.36613 43.39825
241 34 LIBRARY CLERK 58,340.24 61,181.99 64,165.82 67,298.84 70,588.51 Sch=M22 4,861.69 5,098.50 5,347.15 5,608.24 5,882.38
1,121.93 1,176.58 1,233.96 1,294.21 1,357.47

28.04819 29.41442 30.84895 32.35521 33.93678
400 16 MAINTENANCE 58,019.99 60,845.72 63,812.73 66,928.10 70,199.24 Sch=PS1 TRAINEE 4,835.00 5,070.48 5,317.73 5,577.34 5,849.94 1,115.77 1,170.11 1,227.17 1,287.08 1,349.99

27.89423 29.25275 30.67920 32.17697 33.74963
401 17 MAINTENANCE 65,027.09 68,203.17 71,538.05 75,039.69 78,716.41 Sch=PS1 WORKER I 5,418.92 5,683.60 5,961.50 6,253.31 6,559.70 1,250.52 1,311.60 1,375.73 1,443.07 1,513.78

31.26302 32.78999 34.39329 36.07677 37.84443
402 18 MAINTENANCE 69,767.56 73,180.67 76,764.44 80,527.40 84,478.50 Sch=PS1 WORKER II 5,813.96 6,098.39 6,397.04 6,710.62 7,039.88 1,341.68 1,407.32 1,476.24 1,548.60 1,624.59

33.54210 35.18301 36.90598 38.71510 40.61466
403 19 MAINTENANCE 73,266.77 76,854.85 80,622.32 84,578.18 88,731.82 Sch=PS1 WORKER III 6,105.56 6,404.57 6,718.53 7,048.18 7,394.32 1,408.98 1,477.98 1,550.43 1,626.50 1,706.38

35.22441 36.94945 38.76073 40.66259 42.65953

EXHIBIT A
188
CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RAT

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/10/2022
442 22 MECHANIC 80,877.34 84,845.94 89,012.96 93,388.34 97,982.50 Sch=PS1 6,739.78 7,070.50 7,417.75 7,782.36 8,165.21
1,555.33 1,631.65 1,711.79 1,795.93 1,884.28

38.88334 40.79132 42.79469 44.89824 47.10697
440 23 MECHANIC SENIOR 87,869.09 92,187.28 96,721.37 101,482.18 106,481.02 Sch=PS1 7,322.42 7,682.27 8,060.11 8,456.85 8,873.42
1,689.79 1,772.83 1,860.03 1,951.58 2,047.71

42.24475 44.32081 46.50066 48.78951 51.19280
251 15 NEIGHBORHOOD 96,460.59 101,208.34 106,193.49 111,427.90 116,924.03 Sch=M22 PRESERVATION OFFICER 8,038.38 8,434.03 8,849.46 9,285.66 9,743.67 1,855.01 1,946.31 2,042.18 2,142.84 2,248.54

46.37528 48.65786 51.05456 53.57111 56.21348
407 03 PARTS AND INVENTORY 68,080.60 71,409.36 74,904.56 78,574.52 82,427.98 Sch=PS1 CONTROL WORKER 5,673.38 5,950.78 6,242.05 6,547.88 6,869.00 1,309.24 1,373.26 1,440.47 1,511.05 1,585.15

32.73106 34.33142 36.01181 37.77621 39.62884
287 37 PERMIT TECHNICIAN 69,342.84 72,734.71 76,296.19 80,035.73 83,962.25 Sch=M22 5,778.57 6,061.23 6,358.02 6,669.64 6,996.85
1,333.52 1,398.74 1,467.23 1,539.15 1,614.66

33.33790 34.96861 36.68086 38.47872 40.36647
291 60 PERMIT TECHNICIAN II 74,091.44 77,720.74 81,531.52 85,532.82 89,734.19 Sch=M22 6,174.29 6,476.73 6,794.29 7,127.74 7,477.85
1,424.84 1,494.63 1,567.91 1,644.86 1,725.66

35.62088 37.36574 39.19785 41.12155 43.14144
252 38 PLAN CHECK ENGINEER 118,817.52 124,683.13 130,842.01 137,308.86 144,099.04 Sch=M22 9,901.46 10,390.26 10,903.50 11,442.41 12,008.25 2,284.95 2,397.75 2,516.19 2,640.56 2,771.14

57.12381 59.94381 62.90481 66.01388 69.27838
258 41 PLANNER, ASSISTANT 96,166.84 100,899.92 105,869.65 111,087.87 116,566.99 Sch=M22 8,013.90 8,408.33 8,822.47 9,257.32 9,713.92
1,849.36 1,940.38 2,035.95 2,136.31 2,241.67

46.23406 48.50958 50.89887 53.40763 56.04182
257 42 PLANNER, ASSOCIATE 111,087.87 116,566.99 122,320.07 128,360.81 134,703.58 Sch=M22 9,257.32 9,713.92 10,193.34 10,696.73 11,225.30 2,136.31 2,241.67 2,352.31 2,468.48 2,590.45

53.40763 56.04182 58.80773 61.71193 64.76134
261 22 PLANNER, SENIOR 116,567.01 122,320.09 128,360.83 134,703.60 141,363.51 Sch=M22 9,713.92 10,193.34 10,696.74 11,225.30 11,780.29 2,241.67 2,352.31 2,468.48 2,590.45 2,718.53

56.04183 58.80774 61.71194 64.76135 67.96323
231 43 POLICE CLERK 64,187.93 67,322.05 70,612.90 74,068.28 77,696.42 Sch=M22 5,348.99 5,610.17 5,884.41 6,172.36 6,474.70
1,234.38 1,294.65 1,357.94 1,424.39 1,494.16

30.85958 32.36637 33.94851 35.60975 37.35405

EXHIBIT A
189
CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RAT

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/10/2022
229 20 POLICE CLERK, 67,322.13 70,612.97 74,068.35 77,696.49 81,506.06 Sch=M22 SENIOR 5,610.18 5,884.41 6,172.36 6,474.71 6,792.17 1,294.66 1,357.94 1,424.39 1,494.16 1,567.42

32.36641 33.94854 35.60978 37.35408 39.18561
230 52 POLICE CLERK, 79,619.04 83,524.73 87,625.70 91,931.73 96,453.04 Sch=M22 SUPERVISING 6,634.92 6,960.39 7,302.14 7,660.98 8,037.75 1,531.14 1,606.24 1,685.11 1,767.92 1,854.87

38.27838 40.15612 42.12774 44.19795 46.37165
237 55 POLICE IDENTIFICATION 81,135.81 85,117.33 89,297.93 93,687.56 98,296.68 Sch=M22 TECHNICIAN 6,761.32 7,093.11 7,441.49 7,807.30 8,191.39 1,560.30 1,636.87 1,717.27 1,801.68 1,890.32

39.00760 40.92179 42.93170 45.04210 47.25802
215 36 PROPERTY AND EVIDENCE 68,338.90 71,680.57 75,189.35 78,873.54 82,741.96 Sch=M22 SPECIALIST 5,694.91 5,973.38 6,265.78 6,572.80 6,895.16 1,314.21 1,378.47 1,445.95 1,516.80 1,591.19

32.85524 34.46181 36.14873 37.91997 39.77979
236 54 PROPERTY AND EVIDENCE 77,343.90 81,135.83 85,117.35 89,297.95 93,687.58 Sch=M22 SPECIALIST, SUPERVISING 6,445.33 6,761.32 7,093.11 7,441.50 7,807.30 1,487.38 1,560.30 1,636.87 1,717.27 1,801.68

37.18457 39.00761 40.92180 42.93171 45.04211
235 44 PUBLIC SAFETY 79,619.04 83,524.73 87,625.70 91,931.73 96,453.04 Sch=M22 DISPATCHER 6,634.92 6,960.39 7,302.14 7,660.98 8,037.75 1,531.14 1,606.24 1,685.11 1,767.92 1,854.87

38.27838 40.15612 42.12774 44.19795 46.37165
245 31 PUBLIC SAFETY 83,524.69 87,625.66 91,931.68 96,453.00 101,200.39 Sch=M22 DISPATCHER, SENIOR 6,960.39 7,302.14 7,660.97 8,037.75 8,433.37 1,606.24 1,685.11 1,767.92 1,854.87 1,946.16

40.15610 42.12772 44.19792 46.37163 48.65403
238 45 PUBLIC SAFETY 91,983.74 96,507.67 101,257.78 106,245.40 111,482.40 Sch=M22 DISPATCHER, SUPERVISING 7,665.31 8,042.31 8,438.15 8,853.78 9,290.20 1,768.92 1,855.92 1,947.27 2,043.18 2,143.89

44.22295 46.39792 48.68163 51.07952 53.59731
220 46 PURCHASING SPECIALIST 75,373.88 79,067.31 82,945.40 87,017.41 91,293.02 Sch=M22 6,281.16 6,588.94 6,912.12 7,251.45 7,607.75
1,449.50 1,520.53 1,595.10 1,673.41 1,755.64

36.23744 38.01313 39.87760 41.83529 43.89088
233 65 RECYCLING SPECIALIST 85,772.48 89,985.83 94,409.87 99,055.09 103,932.57 Sch=M22 7,147.71 7,498.82 7,867.49 8,254.59 8,661.05
1,649.47 1,730.50 1,815.57 1,904.91 1,998.70

41.23677 43.26242 45.38936 47.62264 49.96758
214 49 SENIOR CLERK 62,583.31 65,637.20 68,843.79 72,210.72 75,745.98 Sch=M22 5,215.28 5,469.77 5,736.98 6,017.56 6,312.17
1,203.53 1,262.25 1,323.92 1,388.67 1,456.65

30.08813 31.55635 33.09798 34.71669 36.41634

EXHIBIT A
190
CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RAT

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/10/2022
405 39 TRAFFIC SIGNAL 70,584.08 74,038.02 77,664.65 81,472.62 85,470.99 Sch=PS1 TECHNICIAN TRAINEE 5,882.01 6,169.84 6,472.05 6,789.39 7,122.58 1,357.39 1,423.81 1,493.55 1,566.78 1,643.67

33.93465 35.59520 37.33877 39.16953 41.09182
406 24 TRAFFIC SIGNAL 75,419.60 79,115.31 82,995.82 87,070.34 91,348.60 Sch=PS1 TECHNICIAN 6,284.97 6,592.94 6,916.32 7,255.86 7,612.38 1,450.38 1,521.45 1,596.07 1,674.43 1,756.70

36.25942 38.03621 39.90184 41.86074 43.91760
408 53 TRAFFIC SIGNAL 82,509.20 86,559.39 90,812.09 95,277.43 99,966.04 Sch=PS1 TECHNICIAN, SENIOR 6,875.77 7,213.28 7,567.67 7,939.79 8,330.50 1,586.72 1,664.60 1,746.39 1,832.26 1,922.42

39.66788 41.61509 43.65966 45.80646 48.06060
248 53 TRANSPORTATION 118,917.90 124,788.54 130,952.70 137,425.07 144,221.06 Sch=M22 ENGINEER, ASSOCIATE 9,909.83 10,399.05 10,912.73 11,452.09 12,018.42 2,286.88 2,399.78 2,518.32 2,642.79 2,773.48

57.17207 59.99449 62.95803 66.06975 69.33705
211 50 TYPIST CLERK 58,340.24 61,181.99 64,165.82 67,298.84 70,588.51 Sch=M22 4,861.69 5,098.50 5,347.15 5,608.24 5,882.38
1,121.93 1,176.58 1,233.96 1,294.21 1,357.47

28.04819 29.41442 30.84895 32.35521 33.93678
396 44 WASTEWATER COLLECTIONS 58,019.99 60,845.72 63,812.73 66,928.10 70,199.24 Sch=PS1 SYSTEMS TRAINEE 4,835.00 5,070.48 5,317.73 5,577.34 5,849.94 1,115.77 1,170.11 1,227.17 1,287.08 1,349.99

27.89423 29.25275 30.67920 32.17697 33.74963
397 45 WASTEWATER COLLECTIONS 67,138.85 70,458.06 73,943.24 77,602.67 81,445.07 Sch=PS1 SYSTEMS WORKER I 5,594.90 5,871.51 6,161.94 6,466.89 6,787.09 1,291.13 1,354.96 1,421.99 1,492.36 1,566.25

32.27829 33.87407 35.54963 37.30898 39.15628
398 46 WASTEWATER COLLECTIONS 73,767.25 77,417.88 81,251.05 85,275.87 89,501.94 Sch=PS1 SYSTEMS WORKER II 6,147.27 6,451.49 6,770.92 7,106.32 7,458.50 1,418.60 1,488.81 1,562.52 1,639.92 1,721.19

35.46502 37.22013 39.06300 40.99801 43.02978
399 47 WASTEWATER COLLECTIONS 81,095.37 85,112.41 89,330.30 93,759.09 98,409.31 Sch=PS1 SYSTEMS WORKER III 6,757.95 7,092.70 7,444.19 7,813.26 8,200.78 1,559.53 1,636.78 1,717.89 1,803.06 1,892.49

38.98816 40.91943 42.94726 45.07649 47.31217
445 15 WATER DISTRIBUTION 61,975.99 64,999.53 68,174.24 71,507.69 75,007.81 Sch=PS1 OPERATOR TRAINEE 5,164.67 5,416.63 5,681.19 5,958.97 6,250.65 1,191.85 1,249.99 1,311.04 1,375.15 1,442.46

29.79615 31.24977 32.77608 34.37870 36.06145
446 32 WATER DISTRIBUTION 69,474.38 72,872.82 76,441.19 80,187.99 84,122.12 Sch=PS1 OPERATOR I 5,789.53 6,072.74 6,370.10 6,682.33 7,010.18 1,336.05 1,401.40 1,470.02 1,542.08 1,617.73

33.40114 35.03501 36.75057 38.55192 40.44333

EXHIBIT A
191
CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RAT

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/10/2022
447 33 WATER DISTRIBUTION 79,669.72 83,577.94 87,681.57 91,990.38 96,514.62 Sch=PS1 OPERATOR II 6,639.14 6,964.83 7,306.80 7,665.87 8,042.89 1,532.11 1,607.27 1,686.18 1,769.05 1,856.05

38.30275 40.18170 42.15460 44.22614 46.40126
448 34 WATER DISTRIBUTION 85,922.85 90,143.72 94,575.65 99,229.17 104,115.35 Sch=PS1 OPERATOR III 7,160.24 7,511.98 7,881.30 8,269.10 8,676.28 1,652.36 1,733.53 1,818.76 1,908.25 2,002.22

41.30906 43.33833 45.46906 47.70633 50.05546
470 05 WATER DISTRIBUTION 90,143.74 94,575.67 99,229.19 104,115.37 109,245.88 Sch=PS1 SENIOR OPERATOR 7,511.98 7,881.31 8,269.10 8,676.28 9,103.82 1,733.53 1,818.76 1,908.25 2,002.22 2,100.88

43.33834 45.46907 47.70634 50.05547 52.52206
469 06 WATER DISTRIBUTION 99,007.59 103,882.71 109,001.57 114,376.38 120,019.94 Sch=PS1 SUPERVISING OPERATOR 8,250.63 8,656.89 9,083.46 9,531.37 10,001.66 1,903.99 1,997.74 2,096.18 2,199.55 2,308.08

47.59980 49.94361 52.40460 54.98864 57.70189
456 37 WATER RESOURCES 92,975.04 97,586.06 102,427.64 107,511.29 112,849.13 Sch=PS1 COORDINATOR 7,747.92 8,132.17 8,535.64 8,959.27 9,404.09 1,787.98 1,876.66 1,969.76 2,067.52 2,170.18

44.69954 46.91638 49.24406 51.68812 54.25439
454 WATER RESOURCES 96,622.84 101,416.26 106,449.34 111,734.08 117,283.06 Sch=PS1 COORDINATOR - ELECTRIAL & 8,051.90 8,451.36 8,870.78 9,311.17 9,773.59 INSTRUMENTATION 1,858.13 1,950.31 2,047.10 2,148.73 2,255.44

46.45329 48.75782 51.17757 53.71831 56.38609
463 25 WR INSTRUMENT 87,830.69 92,184.50 96,756.00 101,556.07 106,596.14 Sch=PS1 CONTROL TECHNICIAN 7,319.22 7,682.04 8,063.00 8,463.01 8,883.01 1,689.05 1,772.78 1,860.69 1,953.00 2,049.93

42.22629 44.31947 46.51731 48.82503 51.24814
462 26 WR LABORATORY 83,894.09 88,051.07 92,415.90 96,998.96 101,811.18 Sch=PS1 TECHNICIAN 6,991.17 7,337.59 7,701.33 8,083.25 8,484.27 1,613.35 1,693.29 1,777.23 1,865.36 1,957.91

40.33370 42.33225 44.43072 46.63412 48.94768
458 27 WR MECHANIC I** 78,352.15 82,269.76 86,383.25 90,702.41 95,237.53 Sch=PS1 6,529.35 6,855.81 7,198.60 7,558.53 7,936.46
1,506.77 1,582.11 1,661.22 1,744.28 1,831.49

37.66930 39.55277 41.53041 43.60693 45.78727
459 28 WR MECHANIC II** 88,466.37 92,889.69 97,534.18 102,410.89 107,531.43 Sch=PS1 7,372.20 7,740.81 8,127.85 8,534.24 8,960.95
1,701.28 1,786.34 1,875.66 1,969.44 2,067.91

42.53191 44.65851 46.89143 49.23600 51.69780
451 29 WR OPERATOR - GRADE I 79,139.17 83,020.85 87,096.63 91,376.19 95,869.72 Sch=PS1 6,594.93 6,918.40 7,258.05 7,614.68 7,989.14
1,521.91 1,596.55 1,674.94 1,757.23 1,843.65

38.04768 39.91387 41.87338 43.93086 46.09121

EXHIBIT A
192
CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RAT

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/10/2022
453 48 WR OPERATOR - GRADE II 83,010.44 87,085.69 91,364.71 95,857.67 100,575.29 Sch=PS1 6,917.54 7,257.14 7,613.73 7,988.14 8,381.27
1,596.35 1,674.72 1,757.01 1,843.42 1,934.14

39.90887 41.86812 43.92534 46.08542 48.35350
452 30 WR OPERATOR - GRADE III 89,644.93 94,051.91 98,679.24 103,537.93 108,639.55 Sch=PS1 7,470.41 7,837.66 8,223.27 8,628.16 9,053.30
1,723.94 1,808.69 1,897.68 1,991.11 2,089.22

43.09852 45.21726 47.44194 49.77785 52.23055
455 31 WR OPERATOR - TRAINEE 66,769.31 70,032.51 73,458.87 77,056.55 80,834.11 Sch=PS1 5,564.11 5,836.04 6,121.57 6,421.38 6,736.18
1,284.03 1,346.78 1,412.67 1,481.86 1,554.50

32.10063 33.66948 35.31676 37.04642 38.86255
457 49 WR SENIOR OPERATOR 94,065.51 98,693.53 103,552.93 108,655.31 114,012.81 Sch=PS1 7,838.79 8,224.46 8,629.41 9,054.61 9,501.07
1,808.95 1,897.95 1,991.40 2,089.53 2,192.55

45.22380 47.44881 49.78506 52.23813 54.81385
461 35 WR SOURCE CONTROL 88,182.89 92,554.31 97,144.29 101,963.78 107,024.24 Sch=PS1 INSPECTOR 7,348.57 7,712.86 8,095.36 8,496.98 8,918.69 1,695.82 1,779.89 1,868.16 1,960.84 2,058.16

42.39562 44.49726 46.70399 49.02105 51.45396
460 36 WR SOURCE CONTROL 82,983.27 87,057.17 91,334.76 95,826.22 100,542.26 Sch=PS1 TECHNICIAN 6,915.27 7,254.76 7,611.23 7,985.52 8,378.52 1,595.83 1,674.18 1,756.44 1,842.81 1,933.51

39.89580 41.85441 43.91094 46.07030 48.33763
464 50 WR SUPERVISING 103,314.73 108,405.19 113,750.18 119,362.42 125,255.27 Sch=PS1 OPERATOR 8,609.56 9,033.77 9,479.18 9,946.87 10,437.94 1,986.82 2,084.72 2,187.50 2,295.43 2,408.76

49.67054 52.11788 54.68759 57.38578 60.21888
952 51 YOUTH SERVICES CASE 82,573.15 86,626.54 90,882.61 95,351.47 100,043.79 Sch=M22 COORDINATOR 6,881.10 7,218.88 7,573.55 7,945.96 8,336.98 1,587.95 1,665.90 1,747.74 1,833.68 1,923.92

39.69863 41.64738 43.69356 45.84205 48.09798
*Retitled effective 10/10/2022
**Market Equity Adjustment effective 11/21/2022

EXHIBIT A
193
Schedule = P14

CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E 604 01 POLICE OFFICER 102,065.14 107,168.40 112,526.82 118,153.16 124,060.82 8,505.43 8,930.70 9,377.24 9,846.10 10,338.40
1962.79 2060.93 2163.98 2272.18 2385.79

49.06978 51.52327 54.09943 56.80440 59.64463
603 02 POLICE SERGEANT 127,003.32 133,353.49 140,021.16 147,022.22 154,373.33 10,583.61 11,112.79 11,668.43 12,251.85 12,864.44
2442.37 2564.49 2692.71 2827.35 2968.72

61.05929 64.11225 67.31787 70.68376 74.21795
606 03 POLICE TRAINEE 35.75003 - - - -
(Non-Sworn)

CITY OF LIVERMORE

POLICE OFFICER'S ASSOCIATION
EFFECTIVE 05/09/2022

2. LPOA May 9, 2022
3/25/2022 Page 1 of 1

EXHIBIT A
194

MANAGEMENT SALARY SCHEDULE
$7,504 - $17,106/month
Effective July 4, 2022
Class
Code Classification Monthly Salary Range
$13,684.77 - $17,105.96
119 Assistant Administrative Services Director
100 Assistant City Attorney
132 Assistant Community Development Director
129 Assistant Public Works Director
124 City Engineer
$12,730.29 - $15,912.86
250 Assistant City Engineer
289 Building Official
218 Finance Manager
125 Maintenance and Golf Operations Manager
118 Planning Manager
449 Water Resources Division Manager
$12,102.02 - $15,127.53
123 Housing & Human Services Manager
$11,975.92 - $14,969.90
246 Senior Transportation Engineer
$11,491.86 - $14,364.82
283 Permit Center Manager
$11,468.74 - $14,335.93
253 Senior Civil Engineer
$10,895.92 - $14,164.69
269 Cyber Security Manager
268 Information Technology Manager
$11,145.89 - $13,932.36
127 Risk Manager
$11,001.70 - $13,752.13
472 Airport Manager
136 City Clerk
134 Housing Programs Manager
135 Human Services Programs Manager
297 Police Support Services Manager
259 Principal Planner
951 Youth and Family Services Manager - Clinical
$10,387.14 - $12,983.93
137 Assistant Finance Manager
130 Assistant Library Director
120 Economic Development Manager
278 Inspection & Neighborhood Preservation Manager
450 Water Resources Operations Manager
474 Water Resources Technical Programs Manager
953 Youth and Family Services Manager - Programs

CITY OF LIVERMORE

EXHIBIT A
195

MANAGEMENT SALARY SCHEDULE
$7,504 - $17,106/month
Effective July 4, 2022
Class
Code Classification Monthly Salary Range

CITY OF LIVERMORE
$9,873.94 - $12,342.42
217 Accounting Supervisor*
232 Information Technology Coordinator
148 Management Analyst, Senior
133 Public Works Manager
270 Systems Administrator
468 Water Distribution Operations Manager
$9,769.14 - $12,211.42
272 Construction Inspection Manager
$9,724.54 - $12,155.68
128 Deputy City Attorney
295 Police Business Services Manager
293 Police Facility & Equipment Manager
$9,228.46 - $11,535.57
131 Assistant City Clerk
150 Management Analyst II
298 Police Media & Community Relations Analyst
126 Public Works Supervisor
$7,504.89 - $9,381.11
207 Deputy City Clerk
152 Management Analyst I
264 Supervising Librarian
466 Water Resources Communications Representative
*Accounting Supervisor - Market Equity Adjustment - effective October 10, 2022

EXHIBIT A
196
Class
Code Classification
113 Assistant City Attorney, Senior (Confidential) $14,754.08 - $18,442.60 104 Assistant to the City Manager (Confidential) $12,102.02 - $15,127.53 122 Human Resources Manager (Confidential) $12,730.29 - $15,912.86 154 Human Resources Analyst, Senior (Confidential) $9,873.94 - $12,342.42 155 Human Resources Analyst II (Confidential) $9,228.46 - $11,535.57 156 Human Resources Analyst I (Confidential) $7,504.89 - $9,381.11 149 Management Analyst, Senior (Confidential) $9,873.94 - $12,342.42 151 Management Analyst II (Confidential) $9,228.46 - $11,535.57 153 Management Analyst I (Confidential) $7,504.89 - $9,381.11

CITY OF LIVERMORE
Monthly Salary Range
Effective July 4, 2022
$7,504 - $18,443/month

MANAGEMENT CONFIDENTIAL SALARY SCHEDULE

EXHIBIT A
197

CITY OF LIVERMORE

POLICE MANAGEMENT SALARY SCHEDULE
$12,830 - $19,891/month
Effective July 4, 2022
Class
Code Classification Salary Range
605 Police Captain $16,628.44 - $20,785.55
602 Police Lieutenant $13,408.46 - $16,760.58

EXHIBIT A
198
Class
Code Classifications
216 Administrative Receptionist $4,970.89 - $6,213.61
203 Administrative Specialist I $5,753.66 - $7,192.07
227 Administrative Specialist II $6,471.02 - $8,088.77
200 Executive Assistant $8,283.88 - $10,354.85
226 Human Resources Clerk I $5,753.66 - $7,192.07
212 Human Resources Clerk II $6,329.66 - $7,912.08
219 Human Resources Technician $6,945.30 - $8,681.63
201 Law Office Supervisor $8,283.88 - $10,354.85
204 Legal Assistant $6,879.30 - $8,599.12
Monthly Salary Range

CITY OF LIVERMORE

CONFIDENTIAL SALARY SCHEDULE
$4,970 - $10,355/month
Effective July 4, 2022

EXHIBIT A
199
Class
Code Classification Monthly Salary Range
109 Administrative Services Director $15,343.01 - $19,178.76 103 Assistant City Manager $16,550.85 - $20,688.56
105 Community Development Director $15,343.01 - $19,178.76 106 Deputy City Manager** $12,837.50 - $16,448.04
114 Innovation and Economic Development Director $15,343.01 - $19,178.76 121 Library Services Director* $15,343.01 - $19,178.76
107 Police Chief $17,990.95 - $22,488.69
111 Public Works Director $15,343.01 - $19,178.76

CITY OF LIVERMORE

EXECUTIVE MANAGEMENT SALARY SCHEDULE
$12,837.50 - $22,488.69/month
Effective December 6, 2021

EXHIBIT A
200

CITY OF LIVERMORE

APPOINTED MANAGEMENT
Class
Code Classification Annual Salary Effective
102 City Manager $305,000 5/16/2022
112 City Attorney $279,010 12/6/2021

EXHIBIT A
201

CITY OF LIVERMORE

UNCLASSIFIED AND HOURLY SALARY SCHEDULE
Class
Code Classification Salary Range Effective Date
210 Department Assistant $15.00 - $25.25 Hourly 12/20/21 438 Field/Maintenance Aide $15.00 - $25.25 Hourly 12/20/21 240 Law Clerk $15.00 - $25.00 Hourly 07/05/99
915 Temporary Librarian $19.00 - $23.50 Hourly 05/11/07 916 Temporary Library Assistant $17.00 - $22.50 Hourly 05/11/07 917 Temporary Library Clerk $15.75 - $19.00 Hourly 05/11/07 920 Library Aide $15.00 Hour 12/20/21
961 Police Cadet $15.00 - $19.00 Hourly 12/20/21
963 Reserve Police Officer Hourly equivalent to Police Officer Step A 956 Special Projects Coordinator $20.00 - $100.00 Hourly 12/20/21

EXHIBIT A
202

CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

November 14, 2022
TO:

Honorable Mayor and City Council
FROM:

Brandon Cardwell, Innovation and Economic Development Director SUBJECT:

Resolution authorizing the execution of Project and Program Grant Agreements with Anne Giancola, East Bay Holocaust Education Center, Las Positas College Foundation, and Livermore Art Association, consistent with the City's Public Art Policy.

RECOMMENDED ACTION

The Commission for the Arts and staff recommend the City Council adopt a resolution approving the applications and authorizing the execution of the following Project and Program Grant Agreements:
1 .

Anne Giancola-$5,000 for the Wind Power Temporary Public Art Project 2 .

East Bay Holocaust Education Center-$10,000 for "Violins of Hope" 3 .

Las Positas College Foundation-$10,000 for the 2023 Las Positas Literary Arts Festival "LPC Lit Fest"
4 .

Livermore Art Association- $2,800 for the 2023 Livermore Art Association Spring Art Show

SUMMARY
The Commission for the Arts administers the Project and Program Grant Program, including reviewing funding applications twice per year in March and September and providing funding recommendations to the City Council for final approval.

In September 2022, a total of five (5) applications were received for Project and Program Grant funds.

The Commission for the Arts and staff recommend the City Council adopt a resolution approving the execution of a Project and Program Grant Agreement with each of the following four (4) applicants: Anne Giancola, East Bay Holocaust Education Center, Las Positas College Foundation, and Livermore Art Association.

DISCUSSION
In 2004, the City Council created the Public Art Fund for the purpose of funding public art and cultural programming. In 2008, the City Council created the Project and Program Grant Program to provide funding from the Public Art Fund for local organizations and artists providing cultural enrichment experiences in Livermore.
203

The Commission for the Arts administers the Project and Program Grant Program, including reviewing funding applications twice per year in March and September and providing funding recommendations to the City Council for final approval. Opportunities for funding were posted on the city website and social media.

On September 1, 2022, staff received a total of five (5) applications which were reviewed by an ad hoc committee of the Commission for the Arts. The committee reviewed the applications and presented its funding recommendations to the full Commission at its regular meeting on September 27, 2022. The Commission for the Arts selected four (4) applications for funding. The four (4) recommended projects meet the evaluation criteria and include expenses that are eligible for funding. The remaining application did not meet all the evaluation criteria and did not sufficiently identify expenses eligible for funding under the grant program.

The recommended projects, totaling $27,800, are described below:

Agency
Project
Funds
Requested
Grant
Recommendation
Anne Giancola
Wind Power Temporary Public Art
Project
$5,000
$5,000
East Bay Holocaust
Education Center
"Violins of Hope"
$10,000
$10,000
Las Positas College
Foundation
2023 Las Positas College Literary Arts
Festival ("LPC Lit Fest")
$10,000
$10,000
Livermore Art
Association
2023 Livermore Art Association Spring
Art Show
$2,800
$2,800

FISCAL AND ADMINISTRATIVE IMPACTS

The Project and Program Grants are funded with Public Art Fee funds (F608). Funds have been identified in the FY 2022-23 Financial Plan. No further appropriation is needed at this time.

ATTACHMENTS

1. Resolution

2. Exhibit A - Anne Giancola Agreement

3. Exhibit B - East Bay Holocaust Education Center Agreement

4. Exhibit C - Las Positas College Foundation Agreement

5. Exhibit D - Livermore Art Association Agreement

Prepared by: Theresa De La Vega
Management Analyst

204
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
205
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF PUBLIC ART
FUND PROJECT AND PROGRAM GRANT AGREEMENTS WITH:

ANNE GIANCOLA, IN THE AMOUNT OF $5,000; EAST BAY
HOLOCAUST EDUCATION CENTER, IN THE AMOUNT OF $10,000;

LAS POSITAS COLLEGE FOUNDATION, IN THE AMOUNT OF
$10,000; AND LIVERMORE ART ASSOCIATION, IN THE AMOUNT OF $2,800.

The City Council created the Public Art Fund for the purpose of funding public and cultural programming consistent with the public art policy administered by the Commission for the Arts. The Project and Program Grant program was created by the City Council for use of the Public Art Fund for the purpose of encouraging programs for the cultural enrichment of the citizens of, and visitors to, Livermore.

The Commission for the Arts reviews applications for the Project and Program Grant program twice per year, in March and September. The Commission for the Arts received a total of five applications in September 2022. Following a review of those five applications, the Commission for the Arts recommends funding four of the five Project and Program applications.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby authorizes the City Manager, or her designee, to execute the Project and Program Grant Agreements with the following:

1. Anne Giancola, in the amount of $5,000 for the Wind Power Temporary Public Art Project, attached hereto as Exhibit A;

2. East Bay Holocaust Education Center, in the amount of $10,000 for “Violins of Hope”, attached hereto as Exhibit B;

3. Las Positas College Foundation, in the amount of $10,000 for the 2023 Las Positas Literary Arts Festival “LPC Lit Fest”, attached hereto as Exhibit C;

4. Livermore Art Association, in the amount of $2,800 for the 2023 Livermore Art Association Spring Art Show, attached hereto as Exhibit D.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on November 14, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
206
RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason R. Alcala_________________ Marie Weber Jason Alcala
City Clerk City Attorney
Exhibit A – Anne Giancola Agreement
Exhibit B – East Bay Holocaust Education Center Agreement Exhibit C – Las Positas College Foundation Agreement
Exhibit D – Livermore Art Association Agreement
207

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EXHIBIT B

INSURANCE REQUIREMENTS

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

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

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

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

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

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

1. The City of Livermore, its officers, officials, employees, and designated volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant/Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.

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

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including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.

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

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

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

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

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

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Project and Program Grant Agreement Page 1
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AGREEMENT BETWEEN CITY OF LIVERMORE
AND

LIVERMORE ART ASSOCIATION
FOR FISCAL YEAR 2022-23

PROJECT AND PROGRAM GRANT AGREEMENT

This AGREEMENT, entered into this ____ day of _____________________, 2022, between the City of Livermore, a municipal corporation (“City”), and Livermore Art Association, a California non-profit Corporation (“Grantee”).

RECITALS

A. City created Project and Program Grants for the purpose of encouraging programs for the cultural enrichment in the City of Livermore.

B. The primary goal of the Project and Program Grant Program is to serve one or more of the main strands found in the Cultural Arts Master Plan, artsALIVE!, adopted by City Council Resolution number 2007-109 on June 11, 2007.

C. The Commission for the Arts reviews all Project and Program Grant applications and provides City Council with recommendations for funding. Funding is not authorized until City Council approves the Commission for the Art s’ funding rec ommendations evidenced by City’s signature on this agreement.

D. Grantee has applied to City for funding for a project or program to support the 2023 Livermore Art Association Spring Art Show (“Project”).

E. City wishes to engage Grantee to assi st City in utilizing Public Art Fee f und money to provide art projects and programs to Livermore residents.

F. City and Grantee understand that the Project and Program Grant shall be administered consistent with the procedures, standards, regulations , and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.

AGREEMENT

NOW THEREFORE, City and Grantee hereby agree that the aforementioned recitals are true and correct, and in recognition of the mutual consider ation provided herein, further agree as follows:

I. SCOPE OF SERVICE

A. Activities
Grantee is responsible for administering the Project and Program Grant in a manner satisfactory to City , and consistent with the standards, terms and conditions imposed by the 2008 Art in Public Places Program Policy and Procedures Manual, Cultural Arts Master Plan, and herein. The Project will include the following activities 22-0062 JLH/KGW

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eligible under the Project and Program Grant Progra m: Livermore Art Association Spring Art Show to be held on March 30 - April 2, 2023.

1. Project and Program Delivery : Grantee agrees to the goals and performance standards as defined below and outlined in the Grantee’s Project and Program Gra nt application attached as Exhibit “A”.

2. Service Objective: provide funds for rental of Bothwell Art s Center and marketing for the 2023 Livermore Art Association Spring Art Show (“Activities”).

3. General Administration: The Funds for the Acti vities are to be administered under the direction of the Grantee’s Executive Director and shall comply with the procedures, standards, regulations and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.

B. Budget

City will grant, and Grantee will use, f unds in the amount of $2,800 (“Funds”) to perform the Activities consistent with the terms and conditions of this Agreement, the 2008 Art in P ublic Places Program Policy and Procedures Manual, and the Cultural Arts Master Plan.

C. Performance Monitoring

City will monitor Grantee’s performance against the project or progra m description outlined in the Grantee’s Project and Program Grant applicati on attached as Exhibit “A”.

Substandard performance as determined by City will constitute non -compliance with this Agreement.

II. TIME OF PERFORMANCE

Grantee shall complete its Activ ities within one year of the date o f execution of this Agreement. If Grant ee requires an extension of time for full performance, it may request an extension from the Commission for the Arts. The decision of the Commission for the Arts shall be final.

III. PAYMENT

It is expressly agreed and understood that the total amount of the Fun ds available from City to Grantee for the Activities under this Agreement shall not exceed $2,800.

The City shall disburse the Project & Program Grant in three installments: 30 percent in advance, 40 percent once material progress can be shown and evidence of the matching grant cash requirement has been submitted, and the final 30 percent after a satisfactory Final Report has been filed. The Project & Program subcommittee of the Commission for the Arts has sole discretion to decide whether each of these milestones has been reached.

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IV. NOTICES

Any notice required or permitted under the terms of this Agreement shall be effective upon receipt in writing either by personal service upon the authorized agent for the party, or by mailing the notice via U.S. Mail to the party as follows:

City: City of Livermore
Attn: Brandon Cardwell, Commission for the Arts Staff Liaison 1052 S. Livermore Avenue
Livermore, California 94550

Grantee: Livermore Art Association
Attn: Christine Watters
PO Box 216
Livermore, CA 94551

V. GENERAL CONDITIONS

A. General Compliance

Grantee agrees to comply with the requirements of state and l ocal laws and regulations governing the Funds available under this Agreement. Grantee also agrees to comply with all additional regulations and policies issued pursuant to these regul ations. Grantee further agrees to utilize the Funds available under this Agreement to supple ment, rather than supplant, funds otherwise available. Furthermore, with respect to the performance of Activities under this Agreement, Grantee agrees to comply with all federal, state and local laws, statutes, rules and regulations pertaining to the performance of those Activities.

B. Independent Contractor

Nothing contained in this Agreement is intended to, nor shall be construed in any manner to, create or establish the relationship of employer/employee between the parties.

Grantee shall at all times rem ain an Independent Contractor with respect to the services to be performed under this Agreement. City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance as Grantee is an Independent Contractor.

C. Hold Harmless

Grantee agrees to defend, indemnify, and hold City , its elected officials, officers, directors, employees, agents, and designated volunteers harmless from and against any and all loss, liability, dama ge, including reasonable attorney’s and expert fees and/or court costs, arising out of the performance of the Activities under this Agreement, except for the gross negligence and willful misconduct of City, its elected officials, officers, directors, emplo yees, agents, and designated volunteers.

D. Insurance

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Grantee shall procure and maintain insurance for the duration of the contract in the amounts and under the term s set forth in Exhibit “B” against claims that may arise from or in connection with this Agr eement and performance of the Project. Upon reasonable written notice, Grantee shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by the City of Livermore Risk Manager.

E. City Recognition

Grantee shall acknowledge City’s financial support in all appropriate materials and media. The acknowledgment shall read, “Supported in part by a grant from the City of Livermore” or similar language, unless the City of Livermore is a part of a list of supporters. In the latter case, the acknowledgement may say only “City of Livermore.” Grantee shall display the City of Livermore’s logo whenever other sponsor logos are displayed, and in accordance with the City of Livermore’s logo use guidelines.

F. Amendments

City or Grantee may amend this Agreement at any time provided such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations . Such amendments shall not invalidate this Agreement, nor relieve or release City or Grantee from its obligations under this Agreement.

City may, in its discretion, amend this Agreement to conform with state or local laws, regulations, guidelines, or policies related to the use of the Funds for the A ctivities. However, if such amendments result in a change in the funding, the scope of services, or the Activities, such modifications shall be incorporated only by written amendment signed by both City and Grantee.

G. Suspension, Termination, Return of Funds

1. Termination for Cause. City may suspend or terminate this Agreement if Grantee materially fails to comply with any term or condition of this Agreement, including but not limited to, the following:

a. Failure to comply with any of the rules, regu lations or provisions referred to herein, or such statues, regulations, policies or directives as may become applicable at any time;
b. Failure, for any reason, of Grantee to fulfill in a timely and proper manner its obligation under this Agreement;
c. Ineffective or improper use of Funds provided under this Agreement; or d. Submission by Grantee to City reports that are incorrect or incomplete in any material respect.

City shall give Grantee written notice of any failure to comply with the Agreement.

If Grantee does not remedy the deficiency or non- compliance within fifteen (15) calendar days after the date the notice is sent, City may exercise any of the remedies available under law and equity, including but not limited to the termination of this Agreement.

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Pending correction of any compliance, City shall withhold fifteen percent (15%) of the remaining Agreement Funds until Grantee corrects the deficiency , Grantee is oth erwise found to be in compliance by City, or Grantee is otherwise adjudicated to be in compliance with the Agreement.

2. Termination for Convenience: This Agreement may also be terminated for convenience by either City or Grantee, in whole or in part, by giving notice of such termination, the effective date of the termination, and in the cas e of partial termination, the portion to be terminated. However, if in the case of a partial termination, if City determines that the remaining portion of the Funds or Activities will not accomplish the purpose for which the award was made, City may terminate the Agreement in its entirety.

Written notice of termination must be provided at least thirty (30) calendar days before the effective date of such termination.

3. Effect of Termination: In the event of termination, all finished or unfinished documents, data, studies, photographs, reports, or other materials prepared by Grantee under this Agreement shall, at City r’s option, become the property of City , and Grantee shall only be entitled to receive just and equitable compensation for any sati sfactory work completed on such documents or materials prior to the termination. Any remaining Funds shall be returned to the City’s Public Art Fund for reallocation.

Termination for failure to comply with any term or condition of this Agreement may result in Grantee becoming ineligible to participate in future Commission for the Arts grant programs.

Termination for any reason shall immediately suspend the Funds available under this Agreement, terminate any claim Grantee has to such Funds , and result i n Funds being immediately refunded to City for use and reallocation by City.

VI. ADMINISTRATIVE REQUIREMENTS

A. Documentation and Recordkeeping

1. Records to be Maintained: Grantee shall maintain the following records including, but not limited to:

a. Records providing a full description of each activity undertaken and the date(s) on which the activity occurred;
b. Records demonstrating that each activity undertaken meet s one of the objectives of the Program & Program Grant; and
c. Quarterly and annual revenue and expense reports for A ctivities funded by this Agreement.

2. Retention: Grantee shall retain all records pertinent to expenditures incurred in the performance of the Activities under this Agreement for a period of two (2) years after the termination of all activities funded under this Agreement. 22-0062 JLH/KGW

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3. Objectives: Grantee agrees to maintain documentation that demonstrates that the Activities meet one or more of the objectives of the strands identified in the Cultural Arts Master Plan.

4. Audits and Ins pections: All Grantee records with respect to any matters covered by this Agreement shall be made available to City at any time during normal business hours, as often as City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data.

Any deficiencies noted in audit reports must be corrected by Grantee within thirty (30) calendar days after receipt of notice of deficiency by Grantee. Failure of Grantee to comply with the above audit requirements will constitute a violati on of this Agreement and constitute cause for termination pursuant to Paragraph V.

B. Reporting and Payment Procedures

1. Payment Procedures: City will pay to Gran tee Funds available under this Agreement based upon information submitted by Grantee, and consi stent with the 2008 Art in Public Places Program Policy and Procedures Manual. City reserves the right to liquidate Funds available under this Agreement for costs incurred by City on behalf of Grantee.

2. Progress Reports: Grantee shall submit a Mat erial Progress Report to the Commission for the Arts when it feels the Project has made material progress. Grantee shall also submit a Final Report when its Project Activities are complete. These reports are prerequisites to receiving the second and third grant installment payments, in accordance with Section III. The Grantee shall determine the form and content of the Progress Reports.

3. Quarterly Revenue and Expense Reports : Grantee shall submit Quarterly Revenue and Expense Reports for grant activities to the Community Development Director.

VII. PERSONNEL AND PARTICIPANT CONDITIONS

A. Assignability

Grantee shall not assign or transfer any interest in this Agreement without the prior written consent of City . However, claims for money due or to become due to Grantee from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to Grantee.

B. Conflict of Interest

Grantee agrees to abide by the provisions of the California Political Reform Act (Gov.

Code §§ 81000 et seq.) and related regulations (2 Cal. Code Regs. §§ 18109 et seq. ) with respect to conflicts of interest, and covenants that it presently has no financial interes t, and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the Activities under this Agreement.
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Grantee further covenants that in the performance of this Agreement, no persons who exercise or have exercised any functions or responsibilities with respect to the Activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such Activities, have a financial interest in any contract, subcon tract or agreement with respect to the Activities or with respect to the proceeds from the Activities, either for themselves or those with whom they have a business or immediate family ties, during their tenure or for a period of one (1) year thereafter.

These conflict of interest provisions apply to any person who is an employee, agent, Grantee, officer, or elected or appointed official of Grantee.

C. Subcontracts

1. Approvals: Grantee shall not enter into any subcontracts with an agency or individual in the performance of this Agreement without the prior written consent of City.

2. Monitoring: Grantee will monitor all subcontracted services to assure Agreement compliance. Results of monitoring efforts must be summarized in written reports, and supporte d with documented evidence, of follow -up actions taken to correct areas of noncompliance.

3. Content: Grantee shall cause all of the provisions of this Agreement in its entirety to be included in, and made a part of, any subcontract executed in the per formance of this Agreement.

D. Copyright

If this Agreement results in any copyrightable material, City reserves the right to royalty- free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes.

E. Religious Organization

Grantee agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization.

VIII. SEVERABILITY

If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

IX. WAIVER

City’s failure to act with respect to a breach by Grante e does not waive its right to act with respect to subsequent or similar breaches. The failure of City to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. 22-0062 JLH/KGW

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X. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between City and Grantee for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between City and Grantee with respect to this Agreement.

XI. BINDING EFFECT

All the terms, covenants, and conditions of this Agreement shall inure to the benefits of and be binding upon successors and assigns of the parties to this Agreement.

XII. COUNTERPARTS

This Agreement may be executed in counterpart s by delivering a facsimile or secure electronic copy of the signed agreement to the other party, followed by delivery of the original documents bearing the original signatures. However, failure to deliver the original documents does not affect the enforceability of this Agreement.

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SIGNATURES AND ATTACHMENT LIST ON NEXT PAGE
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August 22. 2022
To: The City of Livermore Office of Innovation & Economic Development Staff Liaison for the Commission for the Arts
1052 South Livermore Avenue, Livermore, California
The Livermore Art Association submits this Grant Project for the Spring Art Show of 2023 scheduled for March 29 to April 2. This show is the top show in Livermore visual arts and the largest show for the organization.

We request a significantly lower amount of Grant as we have developed confidence in our activities and ability to attract artists and audience. We ask $2800 as Grant support. Without support we would lose money in the event.

We very much appreciate the City of Livermore Commission’s support for The Spring Art Show in Grants and in support with City of Livermore Commission art awards, and space at City Hall for our winners art.

Some points:
 Our show is open to all and at no cost to visitors
 Last year artist participation was up strongly with big increase in art sales  Generally, most show expenditures go to other Livermore organizations. We also attract visitors to Livermore.
 A big portion of expenses go to advertising with the city such as the banner space above 4th St.  The biggest expense goes to the LVPAC and Bothwell to rent the facilities there.  We also support local business in other expenses
 Much of the advertising is free and reaches throughout the Bay Area and even beyond. We also pay for ads in the Livermore Valley using the Independent newspaper.  We support the Veteran’s Hospital Artists with display yearly The Livermore Art Association

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Checklist item #2 – Start Date
The Livermore Art Association Spring Art Show starts end of March 2023. It meets the requirements to be at least two months after the application deadline of September 1.

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Checklist Item #4 – List of Current Officers and Board Members

Officers:

All are one-year terms.
 President - Christine Watters
 Vice President – Open
 Secretary – Judy Rice
 Treasurer – Joyce Moulden
 Liaison of Shows – Clark Streeter
Executive Board:

All are one-year terms
 Membership - Georgia Jacobs
 Hospitality - Georgia Jacobs
 Publicity - Craig Varden
 Property - Richard Finn
 Programs & Workshops - open
 Gallery Director & LCAC Liaison - Peggy Kervin

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Checklist Item #5 – 501(c)(3) determination letter from IRS

Attached

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Checklist Item #6 – Application Form

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Application Form - Project & Program Grants

If needed, please use additional paper for this section.

1. State/describe your organization’s mission or provide an artist’s statement. Include the kind of arts work the organization or artist has done previously and does now. How does this work relate to the proposed project/program? If yours is not an arts organization, state briefly how the arts relate to its mission. (250 words or less)

2. Describe the project or program for which you are seeking the grant. Discuss the project’s origins. Describe the venue/location, the implementation process, and the timeframe.

Discuss the resources — people, money, etc. — you will need to implement the p roject, whether you already have those resources within your organization or, if not, how you plan to obtain them.

3. How will the requested grant be used in the planning and implementation of the project or program? (500 words or less.)

4. Describe how the program or project specifically addresses one or more of the main strands found in the Cultural Arts Master Plan, artsAlive! (Refer to the Cultural Arts Master Plan Executive Summary in the Public Art Policy Guideline manual.) (250 words or less.)

5. List the individual(s) or organization(s) you will be partnering with on this project. Be specific regarding the support, both financial and in-kind, they will be providing.

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Application Form – Project and Program Grants ADDITIONAL PAGES

1. Organization’s mission and description
The Livermore Art Association (LAA) is a 501(c)(3) non-profit organization founded in 1957 to promote public interest in the fine arts and fine crafts, as well as to encourage artistic progress and the development of its membership. Membership is open to anyone interested in the field of arts and crafts.

Our current membership is 170 members. Shows, The Spring Art Show in particular, are important for growing our membership and engaging our existing members. It gives our members an opportunity to get involved, show and sell their work and make connections with their fellow artists.

The Spring Art Show is our premier showcase event. We include all forms of art, and typically display over 200 pieces. Normally there are 80 participating artists and 600 visitors. We also have tens of volunteers in support. We hope to increase the numbers this year.

We encourage emerging artists, seniors, and young people to join and include a special show of artwork of the Veteran’s hospital art group.

Other programs offered; all are open to the public in addition to members:
 Monthly meetings featuring accomplished artists sharing their expertise and methods.  Art Space, a monthly open studio series
 Art Talk, a monthly get-together to talk about art topics and share work (new)  Workshops
 Additional shows we host: Art in the Park, Essential Figure Show, Paint Livermore LAA maintains the Livermore Art Association Gallery at the Carnegie Library.

LAA also participates in local art events hosted by other community organizations such as ArtWalk (LVPAC) and Livermore Downtown Inc’s Holiday Market.

LAA provides awards for children’s art at the Alameda County Fair, which we have done for many years.

2. Project or program for which we are seeking the grant LAA’s Spring Art Show is the premier showcase for Livermore artists in the year. Visitors come from all over the Bay area to see this art show.

The project has been going on for approximately 65 years (missing 2020 due to COVID) and is a Livermore institution.

The current venue for the show is The Bothwell Arts Center. The rental fee is by far the costliest expense on the budget, which is calculated to be break-even.

The primary need is monetary as LAA artist members participation is broad and energetic. The implementation of the Spring Art Show is done by the LAA’s 170 members. The setup and running of the show are all done by volunteers.
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The show meets deadlines and is run smoothly by the show coordinating committee and the volunteer artists, which includes site preparation, receiving and hanging of art, hosting and running the show, and take-down.

3. How will the requested grant be used.

The grant will be used to achieve break-even finance in the running of this event, now in its 65th year (missed 2020). The Bothwell Arts Center, a facility of Livermore Valley Performing Arts Center, rental is expensive to rent. Facility rental is the expense that has increased significantly though the other components of the budget have remained the same, threatening the show to run in the red.

The show committee has researched alternate facilities and have not been able to identify any affordable alternatives that meet the necessary requirements for such a large show. They either lack the appropriate facilities, have poor location, or are too expensive. We were able to use the Bothwell Arts Center in 2021 due to this grant.

Most of our budget dollars get put back into Livermore. We use local entities like the Independent newspaper, local printer, LVPAC, and with a large advertising expenses going back to the City by using 4th Street banner. (The banner has shown in market research over two years, to be effective.)

4. Describe how the project specifically addresses one or more of the main strands in the Cultural Arts Master Plan, artsAlive!
We parallel The Arts Commission artsAlive! Mission. We culturally enhance the City with artworks which are produced through the involvement of the arts community. We run art shows and events and participate in other art shows and Livermore festivals in the City. The Spring Art Show brings in visitors from all over the Bay and this enhances Livermore.

5. List the individuals or organizations you will be partnering with on this project.

The Livermore Art Association will draw upon its 170 members for participation and volunteer support to setup the show, run the event and dismantle the show. Normally, the Livermore Mayor or City Commission for the Arts hands out the City of Livermore awards and selects art for display at the Livermore City Hall. We have a well-known art expert judge the presentations ($300). Last year’s judge was a former Pixar artist.

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Application Form - Project & Program Grants

Project/Program Budget Worksheet (enter N/A if item does not apply. Attach Budget Notes if necessary.)

PROJECT SUPPORT (Do not include in-kind support)
Earned Revenue Amount Notes
Ticket Sales/Admissions $
Tuition/Workshop fees $
Other: $
Subtotal: Earned Revenue $

Contributed Income Amount In-hand Pending
Contributions (Individuals/Businesses) $ $ $
Grants (Foundations/Government other than City) $ $ $
City of Livermore (other than this grant request) $ $ $ Other: $ $ $
Subtotal: Contributed Income $ $ $

Project & Program Grant Amount Requested $

Total Project Support (Revenue + Income + Grant) $

PROJECT EXPENSE (Do not include in-kind expense)
Personnel Amount Notes
Artistic $
Production $
Administrative $
Other: (describe in Notes) $
Subtotal: Personnel $

General Amount Notes
Venue Rental $
Materials and Supplies $
Marketing and Promotion $
Transportation $
Insurance $
Other: (describe in Notes) $
Subtotal: General $

Total Project Expenses (Personnel + General) $

Project Surplus (Loss) (Total Support minus Total Expense) $

If Project Net is a negative value, explain in the Budget Notes how it will be covered. 14 EXHIBIT A
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Matching Funds

All Project and Program Grant applicants must provide at least a dollar -for-dollar (one-to-one) match for the grant award, no less than 50 percent of which must be a cash match. The cash match must be from sources other than the City of Livermore.

In-kind contributions are allowed as part of the match only on the following limited basis:

1. In-kind contributions cannot be used for more than half of the required match, in other words, they cannot represent more than 50 percent of the value of the grant award; and,

2. The value of in-kind contributions, i.e., goods and services, must offset line item expenditures in the project budget and their value must be documentable with invoices or billing statements.

In-kind contributions must be listed below or on a separate sheet attached to the Budget Notes.

Source Description Fair Market
Value

$
Requested Grant Amount: $______________
Cash Match Amount: $______________
In-kind Match Amount: $______________

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Checklist Item #7 – Notes to the Project Budget and a detailed list of In-Kind contributions

Budget Deficit
The show budget is conservative estimates based on past shows and other considerations such as inflation. The following factors are ways in which the loss can be covered:

 Investigate ways to lower Bothwell rental costs in upcoming negotiations with LVPAC.  Work for increased art sales with our 20% commission attached.  Attract more artists to enter the show thus increasing the income from entry fees. (Entry fees were already increased for 2022.)

If in the end the deficit remains, LAA would need to make it up with sales at the Livermore Art Association Gallery located at the Carnegie library.

Income
Art Entry Fees Estimate based on history. Fees are charge for each art piece entered into the show.

Art Sales This is the total sales of artwork and art objects in the sales area. 80% of sales money goes to the artist, 20% is LAA commission.

In-kind Contributions
None

Expenses
Musicians Entertainment by local musicians for the award reception. The reception is historically attended by members of the Livermore Commission for the Arts, the artists and general public.

Artist Awards Awards to artists who achieve prizes in art categories (per judge). This is a key attraction to the artists submitting and paying the entry fees (see Income).

Bank Charges Fees paid for payment processing
Food, Supplies General supplies for painting and displays for setup. Food for volunteer lunches for setup and take down, and food for award reception. Type of food for reception is dependent on public health considerations and will be determined closer to the event.

Bothwell Rental This is the current expenses for four days rent of the Bothwell from LVPAC. Two days for setup and two days for the show.

Payments to Artists This is the artist portion of the sales. 80% of sales money is paid to the artist, 20% is LAA commission.
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Advertising For Livermore Valley advertising space such as the Independent, color postcards and poster advertising for shops and art centers located around the Tri-Valley and the greater Bay area.

Insurance This is for coverage at the event and in cases of loss or damage to art.

Security Security is now required by LVPAC for the awards ceremony.

Judge Honorarium for the judge. An accomplished judge is brought in to award the best art in show.

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Checklist Item #8 – List of key project individuals

Spring Art Show Chair Christine McCall Oversees full operation of the Spring Art Show
Spring Art Show Co-Chair Craig Varden Prepares the Commission Grant Application and implements the
marketing and publicity for the show
Spring Art Show Co-Chair Helen Harrison Organizes the sales operation and general support for the Show
Spring Art Show Hospitality Diane Rodriguez Coordinates the food and reception President, Livermore Art
Association
Christine Watters Oversees all the operations for LAA
LAA Liaison of Shows Clark Streeter Form LAA President oversees the shows.

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Checklist Item #9 – Resumes/biographies of key project individuals

Attached

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Christine McCall – Spring Art Show Chair
COO The Last Factory
Kaleidoscope Clock Artist
Web Designer for Livermore businesses and non-profits
I was born and raised in Ohio, and attended Miami University to obtain a B.S. in Systems Analysis. I moved to Livermore over 15 years ago when my husband started working at LLNL.

After a 20 year career in software engineering, I joined LAA in 2008. I became Publicity Chair, which evolved into maintaining the organization website. I moved into the field of website design,and created sits for many local businesses and non-profits. I also taught artists how to set up their own websites on a budget. Due to my artistic style, I became known around town as the “Kaleidoscope Lady”. My artworks are based on the historic buildings and clocks of Livermore. I sold these prints at the local gift shop in Blacksmith Square as well as the Carnegie Art Gallery.

In 2012 I joined The Last Factory, a Livermore business with a 40-year history, as the new webmaster. The job grew in responsibility as I learned every aspect of the company until I was able to manage it for the owner. I am now COO of the company.

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Craig B. Varden – Spring Art Show Co-Chair

Born: New York, New York
Education: Denison University, Ohio; BA History
Education: Columbia University, New York, NY; MBA Marketing-Finance Lived: England, Italy, Ethiopia, Eritrea, Mexico, Philippines, Indonesia, Taiwan, China, Singapore
Military: US Navy Enlisted / Officer Candidate School / Lieutenant Career:
 Sterling Drug International / New York/ Philippines / Indonesia / Taiwan ROC / General Manager
 Getz Bro International (Distributor) / Singapore / Managing Director  H. Warta Transmarco (Photo – TV equipment) / Singapore / General Manager  SciClone Pharmaceuticals International / Singapore / Pacific Rim Managing Director

Livermore Connections: Resident ten years / Graduate “Key to the City” program Art Connections: Member of the Livermore Art Association for 7 years. Active in meetings and Spring Art Show. Photographer with sales in many countries. Member for 46 years in SuperStock Photgraphic Agency and three others in New York and Hong Kong.

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Helen Harrison - Spring Art Show Co-Chair
Although most of my schooling and informative years were spent in Las Vegas, NV, I have lived in various parts of California most of my life. Currently, I live in Tracy and have been here for 31 years. I joined the Livermore Art Association 9 years ago. I was a member of the Livermore Art Association Gallery for about the same amount of time.

I make jewelry. My style is beading with gemstones. Friends invited me to a bead show and I have been hooked ever since.

This will be my second time to help with the Spring Art Show. My plan is to help with this show for years to come.

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Diane Rodriguez – Spring Art Show Food and Reception
Born and raised in the Bay Area and a Livermore valley resident for forty-seven years with ties to the community when my great-grandparents moved here in the middle 1880s.

I graduated Cum Laude from Bay Area State University at Hayward with a degree in Art Education. I have given private art lessons to the member of the Valley community.

Currently, I was the Membership chair for the Livermore Art Association for 22 years and the Pleasanton Art League for 18 years.

I have co-chaired the Spring Art Show for many years and have chaired the receiving and receptions.

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Christine Watters – President, Livermore Art Association Textile and Mixed Media Artist
LAA Webmaster and tech support
Programs Chair for 4 years
President for 1 year

Raised in Vancouver BC and Kingston Ontario and attended Queen's University in Kingston, graduating with Bachelor of Science, Honors degree in Biology. Worked in biotech, pharmaceutical, and vaccines for 15 years. In 2016 moved with my husband and daughter to Pleasanton and to Livermore in 2017.

I joined LAA and was invited to take over Programs by the then Programs chair Marge Haggin, who mentored me for the first year. Over the last 5 years on the board I have progressively been getting more involved. During the pandemic I worked collaboratively with a small team from LAA, PAL and DAC to provide programming for the three organizations. I worked on the New Dawn online show in 2021, a first for LAA, where I designed and managed the submission process and website. In January 2022 I took over the role of President for LAA.

I have always worked with textiles, started at the age of 10 when I made my first quilt. I fell in love with textile arts in the mid 1990's and have worked in it for the last 20+ years. I like to use textiles in unconventional ways, combining different media and techniques to produce stitched paintings and sculptural pieces.

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Clark Streeter – Liaison of Shows, Past-President of LAA I have lived in California my entire (so far) life. Born in Yuba City, grew up in Sacramento. After attending Junior College for 3 years, I transferred to Stanford from which I graduated with a BA in Philosophy in 1962. I worked in Aerospace (Aerojet General, Lockheed) until I joined LLNL in 1964. I programmed supercomputers for 36 years, until I retired in 2000.

Many of my ancestors moved to California in the mid 1800’s either by wagon train (farming) or ship (gold).

I did some painting and drawing in my youth. Later, I designed a number of stage sets. In 1985, I decided to take up photography. I started with a medium format camera (Mamiya 220) and my own darkroom. Now, of course, it is all digital.
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Checklist Item #10 – Organizational publications/materials

Responding to the Commission we have made a strong effort to advertise the Grant funds that are given to support LAA. We show the logo of Livermore plus the words “Supported in part by a grant from the City of Livermore Commissions for the Arts.”

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Independent Spring Art Show Ad, photo, calendar
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(top left) Postacards distributed around Tri-Valley and (bottom right) Spring Art Show Program

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Poster used in Tri-Valley and on Livermore City Kiosks

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Checklist Item #11 – Independently generated published materials

The Independent Article attached
Photos of Late Spring Art Show 2022 attached
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8/21/22, 11:14 AM Livermore Art Association’s Spring Art Show Captivates Audiences | Culture | independentnews.com https://www.independentnews.com/culture/livermore-art-association-s-spring-art-show-captivates-audiences/collection_e6ecef8a-d458-11ec-b5c6-f73… 1/1

FEATURED
Livermore Art Association’s Spring Art Show Captivates Audiences Photo - Doug Jorgensen
May 14, 2022
The Magnicent Grasshopper by Jake Edwards was one of the unique items on display during the Livermore Art Association’s Spring Art Show at the Bothwell Center on May 7 and 8.1 of 11 The Magnicent Grasshopper by Jake Edwards was one of the unique items on display during the Livermore Art Association’s Spring Art Show at the Bothwell Center on May 7 and 8.

Photos - Doug Jorgensen
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Veterans Hospital Art Section

Award winner

Audience at the Spring Art Show
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Show is highly dependent on our teams of volunteers

Art that attracts

Gift Shop is an attraction
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Photography award, first recipient here of the Walter Davies Award in memory of our friend and former LAA President

Is a multi media visual art show
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City awards announced

Best of show winner in miniature art
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Checklist Item #12 – Other work samples

Livermore Art Association has a Livermore business permit #2006251 Attached is our current marketing plan.

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LIVERMORE ART ASSOCIATION

SPRING SHOW 2023
Sixty-Fifth Year

MARKETING PLAN

Craig Varden
Co-Chair Livermore Art Association Spring Art Show

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LIVERMORE ART ASSOCIATION

BACKGROUND
The Livermore Art Association has put on the Spring Show for 65 years and it is the premier show of the group. Artists come from all over the Bay area to see the show and enjoy Livermore. The show itself is free to visitors. There are art and art object for sale in the shop and the art shown is for sale as well. The Association takes a commission on each to help fund the show.

MARKETING OBJECTIVE
To increase the visitors to the show from 600 (2019) to more than 700 this show . This will possibly increase art sales an income component for the show as well as support Livermore with added visitors.

To attract artist visitors to Livermore Spring Art show from over the Bay area and beyond.

To enlist Livermore artists to bring friends and relatives to the show via organization “Portfolio” Publication.

TARGET MARKET
Participating artists: Other area Artists, Photographers and art visitors as reached by press and Art – Photography groups LAA Email lists. The object is to increase artist participation. The past average is 80 artists participating.

Walk in audience: Senior Centers, religious groups, general public as reached through advertising and email lists we hold. The point is to get more audience and perhaps buyers of art.

Attract friends and relatives of Livermore artist

POSITIONING
Something exciting to do on the weekend of April 1-2, 2023. The show is a premier event with fine arts and things to do in the valley.

ADVERTISING / MARKETING TOOLS
Press release two and one week before show to all Bay area Newspapers and Magazines in the target group.
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LIVERMORE ART ASSOCIATION
Liaison with Bay area art organizations by email. We now have list of interested artists and art groups in towns around the valley near towns and beyond. The number of emails addresses is over 400.

Livermore 4th Avenue banner. (rent the space from the City of Livermore) Create show artwork to be used across all promotions.

Dedicated page on LAA website for registration and show information.

Promote on LAA’s social media accounts (IG, FB). Set up hash tag for event that can be used by participating artists for promoting their involvement on social media. “Invite Friends” Program where Livermore Artists are encouraged to bring in relatives and friends to the show.

Show hand out during the event acknowledging sponsors, participants and winners.

TIMING
Show is April 1-2, 2023. Send out Press Release March 5, 2023.

Further develop full list of art associations in Bay area. Correct current email lists were rejected and sent back in 4th Q current year.

Call for Artists in February and March.

March 1 and March 15, 2023 send out two communications waves to Bay area art groups.

Place Banner at 4rd street in March 2023.

Ask Livermore Artists to be sure to invite friends and family to the show. Place in the “Portfolio” publication the run before the show.

MARKETING THEMES
A great weekend of art, eating, wine and shopping.

Enjoy the Livermore Spring Art show and enjoy Livermore this weekend including the downtown restaurants, 50 Wineries, and the biggest shopping outlet in the Bay area.

TARGET MEDIA
Newspaper Magazines
The Independent
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LIVERMORE ART ASSOCIATION
San Francisco Chronical
East Bay Times
Pleasanton Weekly
Tracy Press
SFWeekly
On Line Nets
LAA & PAL Constant Contact (member email list)
Portfolio for PAL and LAA members (newsletter)
LAA’s Instagram and Facebook
Next Door
Visit TriValley
Patch
Diablo Magazine
Independent
Area Radio stations with nets
LCAC web and LCAC art members’ web
Livermore Downtown Inc website calendar
Websites and “about town” lists for local art groups (Pleasanton, Dublin, Freemont, Tracy) Poster / Postcards
Livermore 30 locations
Dublin 3 locations
Pleasanton 10 locations
San Ramon 1 location (to develop more in 4th Q 2022)
Radio
Three stations in near area
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LIVERMORE ART ASSOCIATION
Email Lists
30 minute (driving) zone art groups
60 minute zone art groups
Over 60 minute zone art groups
60 minutes zone photography groups
Spring Show sign in lists from previous years
Members of Livermore Art Association
College art department teachers within 30 minutes

Art groups in Quilting, metal arts, sculpture, ceramics, wood.

Special lists Bankhead Photography, Celebrate women list Previous Spring Show Lists

CITY OF LIVERMORE FACILITIES
Arrange for banner on 4th street through City in March
Produce special posters and arrange for posters on City kiosks To see if we can get City web calendar spot
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EXHIBIT B

INSURANCE REQUIREMENTS

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

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

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

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

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including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.

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

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

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CITY COUNCIL STAFF REPORT
ITEM NO. 5.6

DATE:

November 14, 2022
TO:

Honorable Mayor and City Council
FROM:

Christine Martin, Assistant City Manager
SUBJECT:

Resolutions approving 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 adopt resolutions approving the revisions to the City Council's Rules of Procedure and the City Council's Norms, Values, and Principles of Governance.

SUMMARY
At their October 24, 2022 meeting, the City Council discussed and provided direction on revisions to the City Council's Rules of Procedure and the City Council's Norms, Values and Principles of Governance proposed by the Council Subcommittee consisting of Mayor Woerner and Council Member Carling. At the meeting a few additional revisions were proposed, and the documents are now ready for final review.

DISCUSSION
Mayor Woerner and Council Member Carling comprised the Council Subcommittee reviewing the City Council's Rules of Procedure and the City Council's Norms, Values and Principles of Governance. The Council Subcommittee discussed their proposed revisions with the City Council at their October 24, 2022, meeting. At that meeting a few additional revisions were discussed and those have been incorporated into the final versions attached to this report, along with direction for the consideration of additional amendments for future revisions.

Revisions to both documents center around promoting transparent communication, mutual respect and appreciation, clarifying roles and responsibilities, refining City Council meeting structure, and refining City Council agenda development.

The Council Subcommittee recommends the City Council adopt resolutions approving the City Council's Rules of Procedure and the City Council's Norms, Values and Principles of Governance.

398

FISCAL AND ADMINISTRATIVE IMPACTS

There are no fiscal or administrative impacts associated with this item.

ATTACHMENTS

1. Redline Changes to Draft Rules

2. Resolution - Adopting Revised Norms

3. Exhibit A - Norms, Values and Principles of Governance

4. Resolution - Adopting Revised Rules

5. Exhibit A - Rules of Procedure

Prepared by: Christine Martin
Assistant City Manager

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 pub lic 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 t he 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 fo llow 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 prepar ation, posting, and distribution of the agendas for City Council meetings. They also re late 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.

ATTACHMENT 1
400

2 Revised 2022.1011.14

5. Presiding Officer

The Mayor is the presiding officer for each meeting of the City C ouncil that the Mayor attends. In the Mayor’s absence, the Vice Ma yor 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 m eeting 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 even- numbered year. The Mayor is a member of t he 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 Vi ce Mayor Duties and Responsibilities

The City Council has the stat utory power to appoint a Council Member as mayor pro tempore, which is the position 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 odd- numbered year. The Vice Mayor shall have all the powers and duties of a mayor pro tempore as provided by statut e. The Council Member select ed as Vice Mayor typically rotates among the Council Members.

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 Reserved

6.3 Seats on the Dais

The Mayor shall sit at the center of the dai s for all City Council meetings. If the Mayor is absent, the presiding officer shall sit at the center of the dais.

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

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3 Revised 2022.1011.14

6.4 Council Member Rooms

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 rooms 218, 219, 220, and 222, or such other designation as those rooms 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 occupyi ng. 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 fo r 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, a nd/or the public, but shall not prohibit criticisms of the policies, procedures, programs, or servic es of the City, or 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 Pa rliamentary 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 open forum.

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4 Revised 2022.1011.14

6.5.5 Motion to Be Stated

The Mayor shall state all motions submi tted 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 m eetings 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 wit h orderly conduct of the meet ings and do not constitute a persistent disruption of the proceedings.

7.1 City Council Meeting Schedule

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 nati onal 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 sha ll 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
ATTACHMENT 1
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5 Revised 2022.1011.14

Council Members who are unable to att end a City Council meet ing must request that the Mayor recognize the absence as excused. 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 wit h an opportunity to ensure an absence is reasonable and to impress upon the Co uncil Member, where necessary, the importance of regular attendance. T he 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, the appropriate way to participate is through a teleconferenced or hybrid meeting as provided for in section 7.4.6. Absent Council Members are di scouraged 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 sh all begin at 7:00 p.m. on the second 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 ATTACHMENT 1
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6 Revised 2022.1011.14
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 sessi on 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].

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 provisi ons of the Brown Act effect ive at the time of the scheduled meeting. The City Council may adopt, by resolution, specific procedures ATTACHMENT 1
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for teleconferenced and hybrid meetings consistent with state law. Those procedures should encourage staff and the Cit y 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 wher e 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 meeti ng date on the City Council’s annual calendar. [54955]

7.4.8 Emergency Meetings

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

7.4.9 City Council Committees

The City Council, may create standing and ad hoc City Council subcommittees, which creation shall occur at a duly noticed Council Meeting.

Care should be taken to not 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 no ticed 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)].

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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].

The City Manager shall keep a record of all standing and ad hoc City Council subcommittees that reflects the committe e’s creation date, composition, task, duration, and sunset date. The City M anager shall advise the City Council at a duly noticed Council Meeting of any ad ho c subcommittee that has not sunset within one year of its creati on 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 ag endas 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 del ivered 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 age ndas for special meeting workshops should be posted at least 6 days before the meeting dates, and in no event shall the notice and agend a 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 a duly noticed Council meeting. However, as permitted by the Brown ATTACHMENT 1
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Act, Council Members and staff may briefly respond to statements made or questions posed by the City Council or by members of the public addressi ng the City Council. City Council members shouldare encouraged to refrain from rejoindersresponding to perceived derogatory or repugnant public comm ents 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 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 no t 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 discov ered by City staff after a notice or agenda is posted but before the meeti ng 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 Cont inue During Consideration

Once an item has been taken up for consi deration, City staff, a Council Member, or a participating party as defined in Section 9.5.3 Participating Parties may request a continuance of t he 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 it em 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

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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 t he 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 Me mbers 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 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.

The City Council shall not begin consideration of any it ems 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 considerat ion 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 consi deration of the item after 11:00 p.m.

7.9 Breaks.

The Mayor shall provide for a 10 min br eak 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 retu rn promptly at the designated time to resume the meeting.

7.10 Points of Order, Priv ilege, and Personal Privilege

A Council Member may ask for a point of order, at which time the Mayor will ask for an explanation. Appropriate point s of order relate to matte rs 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 ru les of parliamentary procedure.

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A Council Member may seek a point of privilege. If so, th e 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 th e 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.

If a speaker is interrupted by a point of order, privilege, or personal privilege, the remainder of a speaker’s time will be pres erved by the City Clerk until the point is resolved.

7.11 Minutes

7.11.1. 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].

7.11.2 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 fo r 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 t he 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 t he 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.

7.11.3 Preferred Method of Recordation and Minutes

City Council meetings may be recorded by electronic means.

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The City Council may adopt a resolution to specify the preferred method of recording for its meetings. [54953].

7.12 Staff Attendance

7.12.1 City Manager

The City Manager shall attend all City Coun cil meetings unless excused by the Mayor, and the City Manager’s designee a ttends. [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.

7.12.2 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.

7.12.3 City Clerk

The City Clerk shall attend all City Counc il meetings unless excused by the City Manager, and in his or her abs ence, the City Clerk’s designee shall attend. The City Clerk shall record, prepare, and mainta in 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].

7.12.4 Department Heads/Employees

Department Heads and employees shall attend City Council meetings as directed by the City Manager. The Cit y Manager and City Attorney are encouraged to minimize the number of employees and c onsultants attending the meetings in person and maximize the opportunities for employees and consultants to participate remotely.

7.12.5 Sergeant-at-Arms

A Sergeant-at-Arms, who shall typically be a sworn member of the City’s Police Department, shall attend City Council meet ings as directed by the the City Manager. [38638].

7.13 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 no ticed meetings of another l egislative body other than ATTACHMENT 1
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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 busine ss of a specific nature that is within the City’s subject matter jurisdiction. [54952.2(c)(3)-(5)].

Meetings of an ad hoc City Council subco mmittee 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 C ouncil are not subject to these rules of procedure provided the briefings co mply with the Brown Act. [54952.2; Wolfe v. City of Fremont, (2006) 114 Cal.App.4
th 533].

8. Agenda Development

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 a duly created City Council subcommittee with the City Manager’s concurrence; by direction of the City Attorney in consulta tion with the City M anager; 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 ordi nance that requires City Council action, including City Council consideration of land use matters, appeals, and other matters as se t forth in the Livermore Muni cipal Code and the Livermore Development Code.

The agenda shall contain a brief general descr iption 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 proclama tions to recognize significant community events, people, or days. The Mayor sha ll 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 City advisory bodies to make brief presentations to the City Council on their activities. As authorized by the Mayor ATTACHMENT 1
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or the City Manager, this portion of the agenda is also for ot her 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 acti on 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.

The Public does not have the right to addre ss 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.4
th 205].

9.3 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.

Open forum shall be limited to 30 minutes, usually before th e 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 reconven e the open forum at the conclusion of the matters for consideration portion of t he agenda unless the Mayor announces that open forum is reordered to a different place on the agenda.

The procedures for public co mments during open forum are set forth in Section 11 Speakers’ Rights.

9.5 Consent Calendar

The consent calendar portion of the agenda is fo r 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 prev ious meeting, the introduction and adoption of ordinances, and the processing of administrative items such as the approval of contracts, the acceptanc e of public improvements, and other routine items requiring City Council approval by or dinance, resolution, or law. Any Council Member may pull an item for separate discussion. Member s of the public may address ATTACHMENT 1
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the City Council on consent calendar items by following the procedures set forth in Section 11 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 heari ng and consideration. If there are public hearing items, the Mayor has the discretion to concu rrently 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 ma terials 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 ot herwise present and avai lable for City Council questions.

d. State whether the applic ant 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.

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9.5.3 Participating Parties

Following the staff present ation, 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 open the public hearing.

9.5.4 Opening and Closi ng the Public Hearing

The purpose of the public hearing is to provide mem bers 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 it em. Public speakers shal l address the City Council following the procedures set forth in Section 11 Speakers’ Rights.

After the Mayor determines that no other member of the public wishes to address the City Council on the hearing item, t he Mayor will formally close the public hearing and return the item to the Cit y Council for City Council questions and comments.

9.5.5 City Council Questions or Comments

Following the staff pr esentation, 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

Following City Council questions and comments, the Mayor will invite the Council Members to discuss the item to devel op concurrence for a motion. Council Members may continue to ask questions of staff, consultants, and the participating parties as part of their de liberations. 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.

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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 di scretion 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 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 repor ts that do not also require a public hearing. Generally, the procedures for this portion of the agenda follow the same procedures found in 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 consi deration, the City Counc il shall receive public comment as provided for in Section 11 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 repo rt on significant decisions being considered by the regional boards, commi ssions, and committees to which they have been appointed for the Cit y. For those events t hat the Council Member attended at the City’s expense, it is the City Council’s pr eference to satisfy the expense reporting requirement by submitting a written report of the activities attended. [53232.2(d)];

2. The City Manager, City Attorney, and Ci ty 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 di rection to staff concerning items to be included on future agendas and information to be provided in response to questions raised during open forum;
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4. The City Council to request a matters in itiated for staff to provide information, perform studies, or undertake other admi nistrative 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 ex tent the matter involves le gal 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 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 th e 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.4
th 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 ad journed 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 distin guished Livermore resident or other person of community interest that has passed away.

Adjournment at any ot her point in the meeting requi res a formal motion by the City Council.

10. Order of Business – Special Meetings and Workshops

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

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

10.1. Call to Order

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

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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 onl y those items listed in t he posted notice and agenda for the special meeting or workshop. Public comment shall be received immediately following the call to order for a wor kshop, and should be received immediately after the staff presentation, if any, for a special meeting.

Public speakers shall address the City Counc il following the procedures set forth in Section 11 Public’s Rights.

However, unlike a regular m eeting, the agenda for a specia l meeting will not include an open forum 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, 9.5.5 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. 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. (9
th Cir. 1995) 67 F.3d 266; Whit e 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 se ssions and other meetings that permit the public to be excluded as a matter of law. During the open forum portion of a regular meeting agenda, members of the public have a right to addre ss the City Council on any item of interest to the public that is within the City Counci l’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 it em that is described in t he notice for special meeting workshops and special meetings. [54954.3].

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The procedures for addressing public comments to the City Council are as follows:

11.1 Addressing the City Council

Members of the public who want to address the City Council during open 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 t he 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.

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 Ma yor 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 mo re persons physically pres ent who have expressed an interest in addressing the City Council, t he City Clerk will then ca ll 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 s peak is to help the Mayor 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 informati on or because a speaker wants to remain anonymous. Speakers who have not submitted a request to speak on time may be heard by the Mayor’s recognition or by another Council Member’s successful appeal. [White v.

City of Norwalk, (9
th 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 Mayor may reduce the amount of time allotted to each speak er 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 comp lete the remaining items on the meeting agenda, and other reasonable factors.[54954.3(b); Kindt v. Santa Monica Rent Control Bd. (9
th Cir. 1995) 67 F.3d 266; Chaffee v. San Francisco Public Library Commission, (2005) 134 Cal.App.4 th 109; 75 Ops.Cal.Atty.Gen. 89 (1992) ]. A speaker using an interpreter shall be allowed twice the allotted time. [54954.3].

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Prior to calling for public comment during t he open 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 C ouncil. For the purposes of th ese 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 t he 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 meeti ng will be called upon bef ore 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 C ouncil. 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 Cit y Council during a public hearing, the absence of 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 comment s 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 C ouncil 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 C ouncil 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.

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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 re linquish the lectern when his or her time to address the City Council has expired.

11.3.10 A speaker may use his or her a llotted time to read letters or other documents, play electronic recordi ngs at a non-amplif ied 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 open fo rum, 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 s hall focus their comments on that specific item of business befor e the City Council. [54954.3(a); White v.

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

11.3.13 Members of the public addressing the City Council are limited to one oral public comment per speak er per item regardle ss 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 Public’s Rights when addressing the City Council, except that the participating parties shall each have up to a maximum of 10 minutes to ad dress 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 acti ve participants with procedural due process commensurate with the rights at issue.

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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 privile ge or protection for expre ssion beyond that otherwise provided by law. [54954.3].

11.6 Disruptive Speech and Conduct

Any person unduly disrupting a City Council m eeting may be requested by the Mayor to leave the meeting. The Mayor shall discour age 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 per son who, in the Mayor’s judgment, has disrupted the meeting. [ 36813, 38638, 54954.3, 54957.9, Pe nal Code 403]. When possible, the Mayor is encouraged to use al ternative 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 Hear ing 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 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.

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noon on the day of the City Council meeting, any member of the public who desires to submit materials to the City Council for consideration at that meeting is hereby instructed to present 8 copies of the mate rials 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 Cit y 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 re cess, for the purpose of interacting with the individual City Council Members and City staff.

12. City Council Deliberation

City Council deliberations sha ll be orderly and guided by t he 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 de liberation, the Mayor shall call upon each individual Council Member present, in tu rn, to comment on the item and the recommended action or direction sought by staf f. 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 th ey wish to speak and the Mayor should call 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 who 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 s hall 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 ATTACHMENT 1
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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 sinc e it was substituted. If a substitute motion fails, the process for voting on simultaneous motions is then followed.

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

A decision whether a motion is one to amend or substitute is left to the 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 bef ore the City Council have been resolved.

When two or three motions are before the City Council, a fter 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.

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However, a hostile motion shall not be in the floor at the same ti me 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 pur pose of these rules of pr ocedure, all motions are debatable except those expressly identified in Subsection 14.4.2 Non-Debatable 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 te rminating motions. Certain motions once made immediately stop the City Council’s deliberations and, upon receipt of a second, should be voted on immediatel y. The City Council’s non-debatable motions are as follows:

a. Motion to Adjourn. If passed, a mo tion to adjourn requires the City Council to immediately adjourn to its next regularly scheduled meeting.

b. Motion to Recess. If passed, a motion to recess requires the City Council to immediately take a recess, the lengt h 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 C ouncil 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 addi tional motion is required to bring the item back to the City Council at a future meeting.

e. Motion to Continue an Item. A moti on to continue an item has the same effect as a motion to table, but is generally used when good cause exists or ATTACHMENT 1
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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 moti on 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 6.7.5 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 a nd 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 who voted along with majority that voted for the original mo tion that passed, although the motion for 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 meet ing, 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 pl ace 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 q uestion shall be, “Shall the decision of the Mayor be sustained?”

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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 Counc il. 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 moti on for further deliberation and voting. If further discussion and deliberatio n 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

Generally, a motion fails if there is a tie vote. After a tie vote, the Mayor may solicit additional discussion and another mo tion 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. Howeve r, 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

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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 fr om 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 Mem ber 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 t he right to enter into public record reasons for dissent or protests against any motion carried by the majority.

16. Advisory Bodies

16.1 Implementation of Municipal Code

16.1.1 Creation and Appointments

The City Council may create boards, comm issions, or committees, herein after collectively referred to as City advisory bodies, to adv ise the City Council. [LMC Title 2]. It is recommended that newly formed City advisory bodies are limited to no more than 7 members due to the capac ity of the recording system in the Mendenhall Room.

16.1.2 Appointments of Council Members to Regiona l Bodies; Appointments of Persons to City Advisory Bodies

The Mayor has the statutory authority, with the City Council’s approval, to make all appointments of City Council Members to regional bodies that require an appointment from the City of Livermore and. The Mayor also has the statutory authority, with the City Council’s approval, to make all appointments of persons to ATTACHMENT 1
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City advisory bodies . [40605; LMC 2.04.020; 81 Cal.Ops.Atty.Gen. 75]. It is recommended that newly formed advisory bodi es 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 advisory boards, commissions, and committees, there is a pot ential for conflict. The City Council and any subcommittees to the City Council shall not make appo intments 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 advisory board, commission, or committee may later be subject directly to the control, inspec tion, review, audit, or enforcement of any other City officer or employee.

b. The time demands of the advisor y board, commission, or committee would render performance of duties as a City employee less efficient.

16.1.4 Interviews of Mem bers Eligible for Reappointment

TheAs stated in section 16.1.2 above, the Mayor has the stat utory 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 co mmittees 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 will be appointed for staggered terms, if possi ble, 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 Mayor, with the City Council’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 Advisory 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 ATTACHMENT 1
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“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 create ad hoc committees, but shall not create standing committees without prior City Council approval; c. The staff liaison for each advisory body, with approval from the City Clerk, shall determine the preferred method of preparing action 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;
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 the public addressing the advisory body, but the advisory body must then administer them uniformly;
g. The advisory body liaison, City Attor ney or designee, and City Clerk must approve all advisory body agendas, notices, and cancellations; and, h. Section 17 Document Preparation and Approval do not apply to advisory body agendas.

4. Coordinate with their assigned staff liais on 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
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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 presentati on 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

All ordinances, resolutions, and contracts s hall be approved as to form by the City Attorney, or his or her attorney desig nee, before being plac ed 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 t he final contract being in subst antially 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

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The City Council hereby establishes and direct s 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 l east three members of the City Council shall be necessary to adopt an ordinance and a resolution, and to appr ove 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 accord ing to law. The ordinance shall be filed and preserved in the City Clerk’s Office.

17.6 Consent Calendar, Public Hearin g, 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.

19. City Council Expectations for Brown Act Compliance

The City Council has established an expec tation 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 rela ted 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 offici al 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.

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RESOLUTION NO. _______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ADOPTING CITY COUNCIL NORMS, VALUES AND

PRINCIPLES OF GOVERNANCE
The City Council has adopted Norms and Values outlining the behaviors the City Council places upon itself as a body to guide how it will govern. The norms and values reflect the City Council’s collective expectations for their working relationship, the role of the Council and its principles of governance to represent the community as a whole, and the relations between the City Council, Advisory Bodies, and City Staff.

The City Council last revised its Norms and Values in September 2021, and now desires to further revise them based upon Council Subcommittee recommendations and direction provided at the City Council meeting on October 24, 2022.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby adopts the City Council Norms, Values, and Principles of Governance, attached hereto as Exhibit A.

On motion of Council Member _________________________, seconded by Council Member _________________________, the foregoing resolution was passed and adopted on November 14, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:

____________________________ /s/ Jason R. Alcala
Marie Weber Jason R. Alcala
City Clerk City Attorney
Exhibit A - Norms, Values, and Principles of Governance 433
R
evised October 2022
City Council Norms, Values, and Principles of Governance CO

UNCIL NORMS
D
emonstrate 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.

T
ake 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.

E
ncourage 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.

S
how 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.

Ma
intain Transparent Communication
We strive to maintain transparent communication, in meetings and through online and written correspondence.

UNCIL VALUES
T
rust
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.

H
onest 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.

D
ata Driven Decision Making
We seek to make data driven policy decisions. Our findings will rely on fact-based evidence, not unvalidated assumptions.

EXHIBIT A
434

Revised 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 facilitating Council-staff relations. Typically, Council members are expected to engage only with Department Directors and other executive 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 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

EXHIBIT A
435

Revised 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.

EXHIBIT A
436

Revised October 2022

City Council Meeting Rules of Procedure

In addition, the City Council is also governed by City Council Meeting Rules of Procedure.

EXHIBIT A
437
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AMENDING AND ADOPTING CITY COUNCIL

MEETING RULES OF PROCEDURE
The City Council has adopted rules of procedure for the orderly, consistent, and fair conduct of its meetings consistent with applicable law. These rules reflect the Council’s accepted practices and balance the Council’s policies inviting public comment with the need to manage its meetings effectively. The purpose for these rules is to promote public confidence in the City’s governance by establishing consistent expectations for the conduct of the people’s business and the opportunities for public observation and participation. The City Council has also adopted procedures for teleconferenced meetings and for recording City Council meetings.

The City Council last revised its rules of procedure on July 26, 2021 (Resolution No. 2021-138).

On October 24, 2022, a City Council subcommittee comprised of Mayor Woerner and Council Member Carling crafted and presented to the City Council proposed revisions to the rules of procedure for discussion and direction. Staff also proposed additional changes to clarify and implement the subcommittee’s proposed revisions. The City Council expressed their support for the proposed revisions, and requested staff further revise Rule 16.1.2. to include a clearer distinction between appointments to regional bodies and to City advisory bodies when the revisions return for adoption at a future meeting. The City Council also asked for subsequent revisions to the rules to consider changing “Mayor” to “presiding officer” when describing the duties and responsibilities for conducting City Council meetings, and to provide guidance on how to respond to hate speech and factual misstatements made by the speakers addressing the City Council.

The City Council desires to amend its City Council Meeting Rules of Procedure consistent with the proposal from the City Council subcommittee as described above.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby adopts the City Council Meeting Rules of Procedure, attached hereto as Exhibit A, which supersede and replace the rules adopted by Resolution No. 2021-138.

BE IT FURTHER RESOLVED that the Procedures for Teleconferenced Meetings and the Preferred Method of Recording City Council Meetings attached as Exhibits B and C to Resolution No. 2021-138 remain in full force and effect.

On motion of Council Member __________________________, seconded by Council Member __________________________, the foregoing resolution was passed and adopted on November 14, 2022, by the following vote:
438
RESOLUTION NO. ________
AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason R. Alcala
Marie Weber Jason R. Alcala
City Clerk City Attorney
Exhibit A - City Council Meeting Rules of Procedure, revised 11-14-22 439
1 Revised 2022.11.14

CITY COUNCIL MEETING

RULES OF PROCEDURE

Lastly, they relate to respective powers for the Mayor and Council Members. 1 All citations are to the California Government Code unless otherwise noted.

EXHIBIT A
440
2 Revised 2022.11.14

5. Presiding Officer

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

6. Mayoral Duties and Responsibilities

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 Vi ce Mayor Duties and Responsibilities

The City Council has the stat utory power to appoint a Council Member as mayor pro tempore, which is the position titled Vice Mayor in Livermore. [34905, 36801].

6.2 Reserved

6.3 Seats on the Dais

The Mayor shall sit at the center of the dai s for all City Council meetings. If the Mayor is absent, the presiding officer shall sit at the center of the dais.

EXHIBIT A
441
3 Revised 2022.11.14

6.4 Council Member Rooms

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

6.5 Conducting Meetings

The Mayor’s duties and responsibilities fo r conducting City Council meetings as the presiding officer are as follows:

6.5.1 Call to Order

6.5.2 Preservation of Order

6.5.3 Questions of Pa rliamentary 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

EXHIBIT A
442
4 Revised 2022.11.14

6.5.5 Motion to Be Stated

7. General Rules – City Council Meetings

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].

7.1 City Council Meeting Schedule

7.2 Quorum

7.3 Absences

7.3.1 Absence and Compelling Attendance

EXHIBIT A
443
5 Revised 2022.11.14

7.3.2 Absentee Participation

7.4 Types of Meetings

7.4.1 Regular Meetings

7.4.2 Special Meetings

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

7.4.3 Special Meeting Workshops

EXHIBIT A
444
6 Revised 2022.11.14
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

7.4.5 Concurrent Meetings

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

EXHIBIT A
445
7 Revised 2022.11.14
for teleconferenced and hybrid meetings consistent with state law. Those procedures should encourage staff and the Cit y 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

7.4.8 Emergency Meetings

7.4.9 City Council Committees

The City Council, may create standing and ad hoc City Council subcommittees, which creation shall occur at a duly noticed Council Meeting.

EXHIBIT A
446
8 Revised 2022.11.14
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].

7.5 Notice and Agenda Posting

7.5.1 Regular Meetings

7.5.2 Special Meetings and Workshops

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 a duly noticed Council meeting. However, as permitted by the Brown

EXHIBIT A
447
9 Revised 2022.11.14
Act, Council Members and staff may briefly respond to statements made or questions posed by the City Council or by members of the public addressi ng the City Council. City Council members are encouraged to refrain from responding to perceived derogatory or repugnant public comments during council m eetings. 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.

7.7 Continuance of Agenda Items

Items listed on a posted agenda should no t be continued or postponed absent good cause.

7.7.1 Discovery of Good Cause Before an Item is Considered

7.7.2 Good Cause to Cont inue During Consideration

7.7.3 Public Comment for a Continued Item

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

7.8.1 Canvass and Reorder

EXHIBIT A
448
10 Revised 2022.11.14
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.

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

The City Council shall not begin consideration of any it ems 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 considerat ion 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 consi deration of the item after 11:00 p.m.

7.9 Breaks.

Council Members and staff are expected to retu rn promptly at the designated time to resume the meeting.

7.10 Points of Order, Priv ilege, and Personal Privilege

EXHIBIT A
449
11 Revised 2022.11.14
A Council Member may seek a point of privilege. If so, th e 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 th e City Council’s meeting, such as the inability to hear testimony because of disruption.

If a speaker is interrupted by a point of order, privilege, or personal privilege, the remainder of a speaker’s time will be pres erved by the City Clerk until the point is resolved.

7.11 Minutes

7.11.1. All Proceedings Recorded

7.11.2 Approval

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

Also, a Council Member may not approve t he minutes for a meeting that they were not eligible to attend as a Council Member.

7.11.3 Preferred Method of Recordation and Minutes

City Council meetings may be recorded by electronic means.

EXHIBIT A
450
12 Revised 2022.11.14
The City Council may adopt a resolution to specify the preferred method of recording for its meetings. [54953].

7.12 Staff Attendance

7.12.1 City Manager

7.12.2 City Attorney

7.12.3 City Clerk

7.12.4 Department Heads/Employees

7.12.5 Sergeant-at-Arms

A Sergeant-at-Arms, who shall typically be a sworn member of the City’s Police Department, shall attend City Council meet ings as directed by the the City Manager. [38638].

7.13 Meetings That Are Not Subject to the Brown Act

EXHIBIT A
451
13 Revised 2022.11.14
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 busine ss of a specific nature that is within the City’s subject matter jurisdiction. [54952.2(c)(3)-(5)].

Meetings of an ad hoc City Council subco mmittee is not subject to these rules of procedure unless the Mayor or City Council expressly state that the committee shall follow these rules. [54952].

8. Agenda Development

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 a duly created City Council subcommittee with the City M anager’s concurrence; by direction of the City Attorney in consulta tion with the City M anager; 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 ordi nance that requires City Council action, including City Council consideration of land use matters, appeals, and other matters as se t forth in the Livermore Muni cipal Code and the Livermore Development Code.

The agenda shall contain a brief general descr iption 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

EXHIBIT A
452
14 Revised 2022.11.14
or the City Manager, this portion of the agenda is also for ot her local, regional, or state legislative bodies and elected officials to make brief presentations to the City Council concerning activities of interest to the City.

9.3 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.

The procedures for public co mments during open forum are set forth in Section 11 Speakers’ Rights.

9.5 Consent Calendar

EXHIBIT A
453
15 Revised 2022.11.14
the City Council on consent calendar items by following the procedures set forth in Section 11 Speakers’ Rights.

9.5 Public Hearings

The procedures for public hearings are as follows:

9.5.1 Introduction

The Mayor shall call each item for heari ng and consideration. If there are public hearing items, the Mayor has the discretion to concu rrently call the items for hearing and consideration.

9.5.2 Staff Presentation

A member of City staff will then:

b. Identify any supplemental written ma terials 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 ot herwise present and avai lable for City Council questions.

d. State whether the applic ant 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.

EXHIBIT A
454
16 Revised 2022.11.14

9.5.3 Participating Parties

After the Mayor determines that no other participating parties wish to address the City Council on the hearing item, the Mayor will open the public hearing.

9.5.4 Opening and Closi ng the Public Hearing

9.5.5 City Council Questions or Comments

9.5.6 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.

EXHIBIT A
455
17 Revised 2022.11.14
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 di scretion 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 Speakers’ Rights.

9.6 Matters for Consideration

9.7 City Council Reports and Matters Initiated by Staff and City Council

This portion of the agenda is for:

3. The City Council to provide guidance and di rection to staff concerning items to be included on future agendas and information to be provided in response to questions raised during open forum;

EXHIBIT A
456
18 Revised 2022.11.14

9.8 Adjournment

Adjournment at any ot her point in the meeting requi res a formal motion by the City Council.

10. Order of Business – Special Meetings and Workshops

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

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

10.1. Call to Order

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

EXHIBIT A
457
19 Revised 2022.11.14

10.2. Public Comment

Public speakers shall address the City Counc il following the procedures set forth in Section 11 Public’s Rights.

10.3 Special Meeting Item and Workshop Item

Generally, the procedures for this portion of the agenda follow the procedures in 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. Speaker’s Rights

EXHIBIT A
458
20 Revised 2022.11.14
The procedures for addressing public comments to the City Council are as follows:

11.1 Addressing the City Council

City of Norwalk, (9
th Cir. 1990) 900 F.2d 1421].

11.2 Speaker Time Limit

EXHIBIT A
459
21 Revised 2022.11.14

11.3 Members of the Public Addressing the City Council

11.3.3 Speakers shall address their comment s 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 C ouncil 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.

EXHIBIT A
460
22 Revised 2022.11.14

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 re linquish the lectern when his or her time to address the City Council has expired.

The City will not provide the means for a speaker to play an electronic recording.

11.3.11 When called upon during open fo rum, 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)].

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

11.3.13 Members of the public addressing the City Council are limited to one oral public comment per speak er per item regardle ss of format or time submitted.

11.4 Participating Parties Addressing the City Council

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461
23 Revised 2022.11.14

11.5 Public Criticism

11.6 Disruptive Speech and Conduct

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

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

11.7.2 Submitted Post Agenda Publication.

EXHIBIT A
462
24 Revised 2022.11.14
noon on the day of the City Council meeting, any member of the public who desires to submit materials to the City Council for consideration at that meeting is hereby instructed to present 8 copies of the mate rials 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 Cit y 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

12. City Council Deliberation

City Council deliberations sha ll be orderly and guided by t he Mayor to reach a decision on the item before them or to provide the direction sought by staff.

13. Reserved

14. Motions

14.1 Making a Motion

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

EXHIBIT A
463
25 Revised 2022.11.14
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.

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 bef ore the City Council have been resolved.

EXHIBIT A
464
26 Revised 2022.11.14
However, a hostile motion shall not be in the floor at the same ti me 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

14.4.1 Debatable Motions

14.4.2 Non-Debatable Motions

a. Motion to Adjourn. If passed, a mo tion to adjourn requires the City Council to immediately adjourn to its next regularly scheduled meeting.

b. Motion to Recess. If passed, a motion to recess requires the City Council to immediately take a recess, the lengt h 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 C ouncil to adjourn at a specific time set in the motion.

e. Motion to Continue an Item. A moti on to continue an item has the same effect as a motion to table, but is generally used when good cause exists or

EXHIBIT A
465
27 Revised 2022.11.14
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.

14.5 Miscellaneous Motions and Appeals

14.5.1 Motion to Suspend the Rules of Procedure

14.5.2 Motion to Reconsider

14.5.3 Council Member Appeal

EXHIBIT A
466
28 Revised 2022.11.14

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.

15.2 Tie Votes

15.3 Abstentions and Silence

The City Council discourages abstentions si nce abstentions without legal conflict may impede the City Council’s actions, for example by causing a tie vote. Abstentions also

EXHIBIT A
467
29 Revised 2022.11.14
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.

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 t he right to enter into public record reasons for dissent or protests against any motion carried by the majority.

16. Advisory Bodies

16.1 Implementation of Municipal Code

16.1.1 Creation

The City Council may create boards, comm issions, or committees, herein after collectively referred to as City advisory bodies, to adv ise the City Council. [LMC Title 2]. It is recommended that newly fo rmed City advisory bodies are limited to no more than 7 members due to the capac ity of the recording system in the Mendenhall Room.

16.1.2 Appointments of Council Members to Regional Bodies; Appointments of Persons to City Advisory Bodies

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30 Revised 2022.11.14
with the City Council’s approval, to make all appointments of persons to City advisory bodies [40605; LMC 2.04.020; 81 Cal.Ops.Atty.Gen. 75].

16.1.3 Eligibility of City Employees

a. An act of the advisory board, commission, or committee may later be subject directly to the control, inspec tion, review, audit, or enforcement of any other City officer or employee.

b. The time demands of the advisor y board, commission, or committee would render performance of duties as a City employee less efficient.

16.1.4 Interviews of Mem bers Eligible for Reappointment

As stated in section 16.1.2 above, the Ma yor has the statutory authority, with the City Council’s approval, to make all appointments to City advisory bodies. The purpose of the standing City Council subcommitte e identified in this section is to interview candidates who apply for a Cit y advisory body and to then recommend candidates to the Mayor for appointment, with the City Council’s approval.

16.2 Direction to Advisory Boards, Commissions, and Committees

EXHIBIT A
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31 Revised 2022.11.14

2. Follow Rosenberg’s Rules of Order for parliamentary procedure as modified by these rules of procedure;

16.3 Annual Reporting

EXHIBIT A
470
32 Revised 2022.11.14

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

17.2 City Attorney Approval as to Form

All ordinances, resolutions, and contracts s hall be approved as to form by the City Attorney, or his or her attorney desig nee, before being plac ed on the agenda. [LMC

17.3 Ordinance Introduction/Adoption

EXHIBIT A
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33 Revised 2022.11.14
The City Council hereby establishes and direct s 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

17.5 Ordinance Preservation

17.6 Consent Calendar, Public Hearin g, or Matters for Consideration

18. City Council Norms and Values

The City Council has also adopted City Council Norms and Values that guide their interactions among each other.

19. City Council Expectations for Brown Act Compliance

Superior Court [Smith], 2 Cal.5th 608]. The City Council also directs staff to prepare formal policies to guide their utilization of electronic communications.

EXHIBIT A
472

CITY COUNCIL STAFF REPORT
ITEM NO. 5.7

DATE:

November 14, 2022
TO:

Honorable Mayor and City Council
FROM:

Christine Martin, Assistant City Manager
SUBJECT:

Resolution reauthorizing remote or hybrid teleconference meetings for City of Livermore's legislative bodies in accordance with Assembly Bill 361.

RECOMMENDED ACTION

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

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

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

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

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

1 .

The conditions caused by COVID-19 are likely to require the combined forces of a mutual aid 473
region or regions to appropriately respond; and,
2 .

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

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

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

On March 13, 2020, the City Manager declared a Local Emergency. The local emergency was ratified by City Council and continued every 30 days into 2022, where the emergency was terminated by Council in April 2022, then reinstated in May 2022 (Reso. No. 2022-077) and continued in June 2022 (Reso. No. 2022-099). The local emergency terminated thirty days thereafter, as it was not renewed.

However, the state continues its COVID-19 emergency response and the Governor has signed Executive Order N-11-22, which retains a limited set of provisions that remain necessary to continue responding to the threat posed by, and mitigating the effects of, the COVID-19 pandemic; and precautions toward reducing the spread of COVID-19, including strongly encouraging masking indoors and social distancing.

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

FISCAL AND ADMINISTRATIVE IMPACTS

There are no fiscal or administrative impacts associated with the resolution.

ATTACHMENTS

1. Resolution

Prepared by: Christine Martin
Assistant City Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION REAUTHORIZING REMOTE TELECONFERENCE MEETINGS FOR THE CITY OF LIVERMORE’S LEGISLATIVE BODIES IN ACCORDANCE WITH ASSEMBLY BILL 361, INCLUDING HYBRID
An outbreak of coronavirus disease in 2019 (COVID-19) caused by the novel coronavirus (SARS-CoV-2) began in Wuhan, Hubei Province, China, in December 2019, and spread throughout China and to numerous other countries and territories, including the United States.

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

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

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

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

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

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

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

On March 4, 2020, the Governor of California proclaimed a state of emergency exists in California after making determinations that:
475
RESOLUTION NO. ________

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

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

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

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

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

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

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

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

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

On May 23, June 13, and July 11, 2022, the City Council adopted resolutions ratifying the declaration of local emergency and to reauthorize remote teleconference meetings in accordance with Assembly Bill 361 (Reso. Nos. 2022-077, 2022-099, and 2022-121).

On September 12 and October 10, 2022, the City Council adopted a resolution to reauthorize remote teleconference meetings in accordance with Assembly Bill 361 (Resolution Nos. 2022-153 and 2022-167).
476
RESOLUTION NO. ________
The State continues its COVID-19 emergency response, and the Governor has signed Executive Order N-11-22, which retains a limited set of provisions that remain necessary to continue responding to the threat posed by, and mitigating the effects of the COVID-19 pandemic; and precautions toward reducing the spread of COVID-19, including strongly encouraging masking indoors and social distancing.

Alameda County continues to align its response to the State and strongly encourages COVID-19 safety precautions, including masking indoors.

On October 17, 2022, Governor Newsom issued a press release announcing his intent to end the COVID-19 State of Emergency on February 28, 2023, and that he has charting a path to phase out his executive orders.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby finds that conditions warrant reauthorization of remote or hybrid teleconference meetings for the City of Livermore's legislative bodies in accordance with Assembly Bill 361 due to the COVID-19 pandemic.

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

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

2. The City Council has determined that COVID-19 continues to impact the ability of the City of Livermore’s legislative bodies to meet safely in person with no teleconference option. In-person meetings of the City of Livermore’s legislative bodies with no teleconference option might present imminent risks to the health or safety of some or all attendees.

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

4. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of December 14, 2022, or such time the City Council makes subsequent findings in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Livermore may continue to teleconference without compliance with Government Code section 54953(b)(3).

5. If any section, subsection, clause, or phrase in this Resolution is for any reason held invalid, the validity of the remainder of this Resolution shall not be affected thereby. The City Council would have passed this Resolution and each section, 477
RESOLUTION NO. ________
subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases thereof be held invalid.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on November 14, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason R. Alcala
Marie Weber Jason R. Alcala
City Clerk City Attorney
478

CITY COUNCIL STAFF REPORT
ITEM NO. 5.8

DATE:

November 14, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Introduction of an ordinance
amending Livermore Municipal Code Chapter 15.26
Green Building Standards Code to include an
onsite
exception for non-combustion fuel
cells to produce electricity.

RECOMMENDED ACTION

Staff recommends the City Council waive the first reading and introduce an ordinance with an effective date of January 1, 2023, to a
mend Chapter 15.26 (Green Building Standards Code) in The Livermore Municipal Code
to include an
onsite
exception for non-combustion fuel cells to produce electricity.

SUMMARY
On October 24, 2022, the City Council adopted an ordinance to adopt and amend the model building codes. At that same meeting, the City Council directed staff to prepare an additional amendment to the Green Building Coded adopted by reference in Chapter 15.26 of the Livermore Municipal Code t
o allow
natural gas to be provided to a site for non-combustion fuel cells to produce electricity in subsection

15.26.200.

The proposed ordinance amends
sections 4.106.5.1 and section 5.106.13.1 of the Green Building Standards code
to add an exception that will allow technologies that use natural gas, biogas, and hydrogen powered non-combustion fuel cells to produce electricity to be included in the exceptions where gas can be provided to a site.

The exceptions will contribute to Livermore's goals for electrification and the Climate Action Plan.

DISCUSSION
City Council adopted the 2022 Building Code at the October 24, 2022, Council meeting with a recommendation that an amendment be made to the Green Building Code to add an exception to section

4.106.5.1 and section 5.106.13.1 that reads as set forth below:

15.26.200 GBSC Section 4.106.5.1 added - New Construction 479
Exceptions:

4. non-combustion fuel cells that convert natural gas, biogas, or hydrogen to electricity on-site.

15.26.280 GSBC Section 5.106.13.1. added - New construction Exceptions:

5. non-combustion fuel cells that convert natural gas, biogas, or hydrogen to electricity on-site.

The exceptions will support building decarbonization by allowing alternate technologies that use non- combustion fuel cells that ultimately contribute to electrification and meeting Livermore's Climate Action plan.

FISCAL AND ADMINSTRATIVE IMPACTS

None.

ATTACHMENTS

1. Ordinance

Prepared by: Franc Moufarrej
Building Official

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

AN ORDINANCE REVISING AND AMENDING LIVERMORE MUNICIPAL CODE CHAPTER 15.26 GREEN BUILDING STANDARDS CODE
Health and Safety Code Sections 17958 and 17958.5 allow the City of Livermore (“City”), by ordinance, to make modifications or changes to the State Building Standards Code and other regulations adopted pursuant to Health and Safety Code Section17922.

Health and Safety Code Section 17958.5 requires that such changes be determined to be reasonably necessary because of local climatic, geological, or topographical conditions.

Health and Safety Code Section 17958.7 requires that the City, before making any modifications or changes pursuant to Health and Safety Code Sections 17958 and 17958.5, make an express finding that each such modification or change is needed.

Such findings must be made available as a public record and a copy thereof with each such modification or change shall be filed with the California Building Standards Commission.

On October 24, 2022, the City Council adopted Ordinance No 2138 to adopt the State Building Standards Code and made findings and amendments to those codes to establish requirements greater than those set forth in the 2022 edition of the California Building Standards Code codified in Title 24 of the California Code of Regulations, as adopted by the City of Livermore and set forth in chapters 15.02 Building Code , 15.04 Property Maintenance Code , 15.06 Fire Code , 15.08 Electrical Code, 15.10 Mechanical Code, 15.12 Plumbing Code, 15.14 Residential Code, 15.26 Green Building Code, in the Livermore Municipal Code.

On that date, the City Council also made findings and determined that an additional exception to the Green Building Standards Code was appropriate to allow for an onsite exception for non-combustion fuel cells to produce electricity.

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

Section 1. Findings. Amendments to the 2022 California Green Building Standards Code an onsite exception for non-combustion fuel cells to produce electricity are necessary to serve the public interest by reducing the risk to life and property of the citizens of Livermore because of the conditions and findings set forth in Section 1 of Ordinance No. 2138 adopted by the City Council on October 24, 2022, For the above reasons, taken individually and cumulatively, the City Council of 481
ORDINANCE NO. ________
the City of Livermore finds that there are building and fire hazards, as well as environmental considerations, peculiar to Livermore that require the increased fire protection, structural design, and green building standards set forth in this ordinance.

Section 2. Section 15.26.200 GBSC Section 4.106.5.1 added – New Construction is hereby amended to add the following exception number 4 to read as set forth below to be inserted after section 3 that was adopted by Ordinance 2138. Section 15.26.280 GBSC Section 5.106.13.1 added – New Construction is hereby amended to add the following exception number 5 to read as set forth below to be inserted after section 4 that was adopted by Ordinance 2138.The added language is shown with an underline, but the underlines themselves shall not be codified in the Municipal Code, which publication shall only reflect the final language:

15.26.200 GSC Section 4.106.5.1 added – New Construction.

4. non-combustion fuel cells that convert natural gas, biogas, or hydrogen to electricity on-site.

15.26.280 GSBC Section 5.106.13.1. added - New construction

5. non-combustion fuel cells that convert natural gas, biogas, or hydrogen to electricity on-site.

Section 3. Environmental. The passage of this ordinance is not a project according to the definition in the California Environmental Quality Act and, therefore, is not subject to the provisions requiring environmental review.

Section 4. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.

Section 5. Publication. This ordinance, or a comprehensive summary thereof, shall be published once in a newspaper of general circulation in the City of Livermore within 15 days after its adoption and shall take effect and be in force thirty days after its adoption.

Section 6. Effective Date. This ordinance shall take effect 30 days after its adoption, but the revised and amended codes will not take effect for enforcement until 12:01 a.m. on January 1, 2023, when the 2022 California Building Standards Code becomes effective. Until that date and time, the chapters amended and revised by this ordinance will remain in full force and effect for enforcement.

The foregoing ordinance was introduced and its reading waived at the regular meeting of the City Council of the City of Livermore held on November 14, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
482
ORDINANCE NO. ________
The foregoing ordinance was adopted and its reading waived at the regular meeting of the City Council held on November ________, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Bob Woerner
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
/s/ Jason Alcala
Marie Weber Jason Alcala
City Clerk City Attorney
483

CITY COUNCIL STAFF REPORT
ITEM NO. 6.1

DATE:

November 14, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Hearing to consider a request to amend Development Agreement 18-001 for the Lassen Road Townhomes project to revise the performance schedule to accommodate regulatory permitting of the off-site improvements
(DAA 21-002).

RECOMMENDED ACTION

The Planning Commission and Staff recommend the City Council:

1 .

Adopt a resolution finding the First Amendment to Development Agreement 18-001 is within the scope of the Lassen Road Townhomes Initial Study and Mitigated Negative Declaration in accordance with the California Environmental Quality Act 2 .

Introduce an ordinance
amending Development Agreement 18-001 for the Lassen Road Townhomes project
(DAA 21-002).

SUMMARY
The applicant and the City are parties to a Development Agreement to secure terms, obligations, and timing of off-site improvements associated with the 186-unit townhome project located at the terminus of Lassen Road. Westgate Ventures was the original applicant for the Lassen Road Townhome project and is now a member of LD-Fund III Livermore Land LLC, which was established a single entity explicitly for the Lassen Townhome Project and party to the Development Agreement. Based on updated information regarding the construction timetables of the off-site public amenities described in the Development Agreement, the applicant is proposing amendments to adjust the performance schedule whereby the Lassen Road townhome project can continue to move forward as progress is made on the off-site improvements. The amendments establish a security deposit schedule and criteria and documentation requirements needed to provide flexibility and adjust to external construction uncertainty, including timing for regulatory permitting and physical site constraints. The Planning Commission and staff recommend the City Council adopt an ordinance approving the proposed Development Agreement Amendment.

DISCUSSION

BACKGROUND
484

On November 23, 2020, the City Council approved the General Plan and zoning amendments for the Lassen Road townhome project and all associated entitlements (Attachment 1- City Council Report). The approvals included Development Agreement 18-001 (Development Agreement) to secure the terms and timing of off-site improvements and community amenities, including sewer trunkline replacement, trail improvements, and Springtown Boulevard median improvements. The applicant has begun work on the off-site improvements in accordance with the terms of the Development Agreement including design work, property owner negotiations, and regulatory agency coordination.

PROJECT DESCRIPTION

The applicant proposes to amend the Development Agreement to allow adjustments to the performance schedule to respond to external construction uncertainty including regulatory permitting and physical site constraints. The First Amendment to Development Agreement 18-001 (Amendments) would not change the obligations of the parties or the project entitlements. The approximately 35-acre project site is located in the northwest quadrant of the I-580 and First Street interchange (Attachment 2-Location Map). The project site is west of Springtown Boulevard and accessed via Lassen Road, which currently terminates at the project site’s eastern boundary. North and east of the project site are existing residential development and rangeland. Vacant rangeland is located to the west of the site. The I-580 freeway abuts the property to the south. The offsite improvements secured through the Development Agreement are located to the west and east of the site and shown on Attachment 2.

STAFF ANALYSIS

Development Agreement 18-001

The project approvals included the adoption of a Planned Development Residential District to include customized zoning standards that address topographical and environmental conditions on the project site. The Planned Development Residential District includes additional design features and public amenities to justify variations from conventional zoning, such as open space and trails, beyond those typically required by ordinance. Off-site design features and public amenities approved as part of the Planned Development were secured and implemented through the Development Agreement.

The Development Agreement requires the developer to secure right-of-way, design, and construct segments of the Arroyo Las Positas Trail, as identified in the Livermore Active Transportation Plan. The trail has been identified as a high priority project by the City, the Livermore Area Recreation and Park District, and the community. Once completed, the trail segment would close a significant gap in the Livermore trail network and provide a comfortable bicycle and pedestrian crossing from north Livermore over I-580 via the Las Colinas overpass.

In addition, the developer will complete the Springtown Sewer Trunkline project (sewer project) in coordination with and adjacent to the proposed trail improvements. The City's Capital Improvement Program (CIP) identifies the sewer project as CIP 201414. The sewer project replaces an existing 50- year-old, approximately 2,400 linear-foot sewer line between I-580 and Springtown. Life expectancy for this type of pipe is 50 years primarily due to corrosion. The sewer project relocates the sewer away from the Arroyo Las Positas, which has potential to expose, impact, and/or damage the trunkline, and installs a new, corrosion resistant type of pipe. Sewer replacement funds (Fund 239) will reimburse the developer for the sewer project.
485

Finally, under the Development Agreement, the developer will design and construct Springtown Boulevard Median Improvements between westbound on-ramp to I-580 and Bluebell Drive, which includes renovating an existing concrete median by installing street trees and landscaping to enhance this entry into Springtown.

D
evelopment Agreement Amendments

As stated previously, the proposed Amendments do not change the terms or obligations set forth in the Development Agreement. The Development Agreement currently includes a clause that authorizes the City Manager to adjust the performance schedule if unexpected circumstances arise. However, after commencing post-entitlement work on the project, the applicant is requesting amendments to allow more flexibility to respond to regulatory permitting requirements and complete the townhome development project. The applicant is requesting specific criteria that would allow the townhome project to move forward in the event there are unforeseen delays with the off-site improvement construction.

Due to the location and characteristics of the off-site improvements, permits from regulatory agencies are required (U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers, CA Department of Fish and Wildlife, and CA State Water Board). Under the terms of the Development Agreement, applicable permits shall be secured prior to construction of off-site improvements. Based on new site information not available during entitlements and coordination with regulatory agencies, the timing for securing permits is less certain. The Amendments will provide flexibility to address the uncertainty with regulatory permitting.

If regulatory permits are not obtained as scheduled in the Development Agreement, the Amendments establish specific criteria to allow continued construction of the townhome project. The amended performance schedule includes security deposits (in addition to required traditional bonding obligations) equal to 125% of the cost of the off-site improvements, deposited into an escrow account. If the developer does not meet certain off-site milestones within identified timeframes, specified portions of the security deposit will be submitted to the City. Most of these funds can be reimbursed to the developer if they achieve substantial completion prior to the 186th building permit. If the developer fails to achieve final completion of the off-site improvements within six months of the 186th building permit, the developer will forfeit all reimbursements, bonds, and half of the security deposit. The City would then use the bonds and security to build and complete the off-site improvements. The intent of the Amendment is to provide flexibility and allow the off-site improvements to develop in step with the townhome development project.

ENVIRONMENTAL DETERMINATION

An Initial Study and Mitigated Negative Declaration was prepared and adopted in 2020 for the original townhome project, including the Development Agreement, in accordance with the California Environmental Quality Act (CEQA). Planning Commission and Staff recommends the City Council adopt a Notice of Determination finding that the environmental impacts of the Development Agreement Amendment are within the scope of the previously adopted Mitigated Negative Declaration.

PLANNING COMMISSION

On October 4, 2022, the Planning Commission reviewed the CEQA determination and Amendments and 486
unanimously recommended approval.

FISCAL AND ADMINISTRATIVE IMPACT

Allocation of staff time and utilization of existing staff resources would be necessary to administer the amended Development Agreement. Staff time and resources would be required to participate in regulatory agency coordination meetings and to review plans and document reviews and other technical analyses associated with the offsite improvements. The developer remains responsible for constructing off-site improvements and will be reimbursed pursuant to the terms of the Development Agreement.

ATTACHMENTS

1. City Council Report - November 23, 2020

2. Location Map

3. Draft 10-04-22 PC Meeting Minutes

4. Resolution - CEQA

5. Exhibit A - PC Reso 22-22

6. Ordinance

7. Exhibit A - First Amendment to Lassen DA 18-001

8. Exhibit B - PC Reso 22-22

Prepared by: Andy Ross
Senior Planner

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
487
CITY COUNCIL STAFF REPORT ITEM 5.01
DATE: November 23, 2020
TO: H
onorable Mayor and City Council
FR
OM: Paul Spence, Community Development Director
SUBJ
ECT: Lassen Road Townhomes Project – Request for a General Plan Amendment to change the land use designation from Low Intensity Industrial, Service Commercial, and Limited Agriculture to Urban High (UH -3) Residential and Open Space on approximately 35 acres, establishment of a Planned Development Residential Zoning District , and subdivision to authorize development of 186 attached townhomes.

RECOMMENDED ACTION
The
Planning Commission and staff recommend the City Council take the following actions to authorize the future development of 186 townhomes on a portion of the project site:

1. Adopt
a Resolution adopting the Lassen Road Townhomes Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program pursuant to the California Environmental Quality Act (CEQA);

2. Ad
opt a R esolution approving General Plan Amendment (GPA18- 003), Vesting Tentative Tract Map (VTTM) 8454 (SUB18 -001), and Site Plan Design Review (SPDR) 18-003;

3. Int
roduce an ordinance a dopting Zoning Map Amendment (ZMA) 20- 001, establishing Planned Development Residential (PD-R) 18-003; and

4. Int
roduce an ordinance approving Development Agreement (DA) 18-001.

SUMMARY
Th
e applicant is requesting entitlements to develop the vacant project site , currently designated for industrial uses, with 186 attached townhomes. The project site is approximately 35 acres and located north of I -580, near the First Street overpass, and accessed from Springtown Boulevard via Lassen Road.

ATTACHMENT 1
488

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Livermore City CouncilNovember 14, 2022

Livermore City Council
November 14, 2022