Agenda packet — Livermore City Council, November 28, 2022 (part 5 of 5)

requirements to help address the vandalism and theft of signs, which primarily occurs at night, while preserving the opportunity to place signs in the designated public right-ofway.

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

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

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

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

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

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

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

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

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

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

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

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

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

ATTACHMENTS

1. Current Livermore Development Code Section 4.06.140

2. Redline Edits of Livermore Development Code

3. City’s Existing Public Information Political Campaign Flyer

4. Planning Commission Staff Report July 7, 2020

5. Planning Commission Draft Meeting Minutes July 7, 2020

6. Planning Commission Resolution
Prepared by:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

OTHER AGENCY/DEPARTMENT COMMENTS
None

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

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

ATTACHMENTS

1. Development Code Temporary Sign Section 4.06.140

2. Flyer for current regulations of campaign signs

3. Draft Ordinance showing redline changes to Development Code

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

PLANNING COMMISSION

DRAFT MEETING MINUTES
JULY 7, 2020

5. PUBLIC HEARINGS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

VOTE ON AMENDING MOTION:

AYES: FAGUNDES, STEIN.

NOES: BONANNO
ABSENT: ANDERSON, BJORKLUND.

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

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

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

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

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

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

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

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

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

VOTE ON AMENDING MOTION:

AYES: BONANNO AND STEIN.

NOES: FAGUNDES.

ABSENT: ANDERSON AND BJORKLUND.

VOTE ON MAIN MOTION:

AYES: FAGUNDES AND STEIN.

NOES: BONANNO.

ABSENT: ANDERSON AND BJORKLUND.

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

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1 ORDINANCE NO. _____________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

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

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

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

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

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

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

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

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

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

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

4.06.140 Temporary Signs
A. Temporary signs in commercial and industrial zoning districts. In addition to the permanent signs allowed in this chapter, temporary signs are permitted in Specific Plans, Planned Unit Development (PUD) and Planned Development (PD) district areas that allow commercial and industrial uses and the following zoning districts designated as Neighborhood Business Commercial (CNB), Commercial Service (CS), Highway Service Commercial (CHS), Commercial Office (CO), Professional Office (CP), Research and Development (I-1), Light Industrial (I-2), Heavy Industrial (I-3), T4 Neighborhood-Open, and Neighborhood Mixed Use (NMU), subject to the following:
1) Only the following types of temporary signs are permitted:
a) A freestanding A-frame sign;
b) A window painting;
c) A banner sign;
d) A beacon;
e) A stake sign.
2) Prior to displaying a temporary sign which contains commercial sign copy, the owner of such a sign shall register the sign with the Planning Division by completing a form provided by the City. The form shall include the owner’s name, address and telephone number, as well as dates the owner intends on displaying the sign. The City may charge a reasonable registration fee to cover the cost of inspection and enforcement, as determined by resolution of the City Council.
3) A freestanding A-frame sign, window painting or banner sign shall be displayed no more than 35 days in any three-month period on private property.
4) Each parcel shall have no more than one freestanding A-frame sign, window painting or banner sign.
5) For commercial and noncommercial signs on developed parcels, the maximum sign area of a freestanding A-frame sign, stake, or banner sign is one-half of the sign area permitted for a permanent sign in the district in which the parcel is located. For vacant parcels, no commercial signs are 257
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permitted. Noncommercial signs are permitted as long as the signs do not exceed four square feet per sign and no two signs with the same copy are located closer than 50 feet from each other.
6) A temporary sign may not be illuminated.
7) A window painting may cover only up to 50 percent of the window area. 8) A temporary freestanding A-frame sign is subject to the following requirements:
a) Maximum size of temporary freestanding A-frame signs is 30 inches wide by 48 inches tall; and
b) A temporary freestanding A-frame sign must be placed on private property or in a landscaped area.
9) Each parcel shall have no more than one beacon, subject to the following requirements:
a) A beacon may be displayed no more than 10 days per year; b) A beacon must be located on-site;
c) A beacon may not create a hazard to pedestrians, vehicles, or aircraft due to its location or movement; and
d) A beacon may only operate during the business hours of the use being identified.
10) Commercial and noncommercial temporary signs are not permitted on public property. For clarification, the term public property for this prohibition means both real property owned by a public entity as well as physical property, including but not limited to, traffic lights, street lights, and utility infrastructure.
11) In the Downtown Specific Plan (DSP) area only, commercial and noncommercial temporary signs are not permitted in the designated public right-of-way with the exception of A-frame signs, which must be:
a) No larger than 30 inches wide by 48 inches tall;
b) Displayed only between 9 a.m. to 7 p.m.;
c) Located within five feet of a front building entrance of only commercial uses;
d) Allow for adequate ADA and public access on the sidewalk; and e) Subject to DSP Chapter 6 design standards, including standards for portable signs.
12) Noncommercial temporary signs (including campaign and political signs) are permitted in the designated public right-of-way, but not in the street, street median, or sidewalk, in commercial and industrial zones other than the DSP, subject to the following:
a) The signs must relate to an event scheduled for a specific date and shall not be displayed sooner than 90 days before that event; b) May only be displayed between the hours of 9 a.m. and 5 p.m. each day;
c) Signs must be stake signs with a maximum size of four square feet; d) No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
e) Corner properties may have two of the same sign at the corner; and, 258
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f) All noncommercial temporary signs shall be removed within five days after the event to which they pertain.

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

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

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

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

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

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
_________________________________

MAYOR, CITY OF LIVERMORE
ATTEST: APPROVED AS TO FORM:
_____________________________ _________________________________ Marie Weber Jason Alcala
City Clerk City Attorney
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4.06.140 Temporary Signs
A. Temporary signs in commercial and industrial zoning districts.

In addition to the permanent signs allowed in this chapter, temporary signs are permitted in Specific Plans, Planned Unit Development (PUD) and Planned Development (PD) district areas that allow commercial and industrial uses and the following zoning districts designated as Neighborhood Business Commercial (CNB), Commercial Service (CS), Highway Service Commercial (CHS), Commercial Office (CO), Professional Office (CP), Research and Development (I-1), Light Industrial (I-2), Heavy Industrial (I-3), T4 Neighborhood-Open, and Neighborhood Mixed Use (NMU), subject to the following:

1. Only the following types of temporary signs are permitted:
a. A freestanding A-frame sign;
b. A window painting;
c. A banner sign;
d. A beacon;
e. A stake sign.

2. Prior to displaying a temporary sign which contains commercial sign copy, the owner of such a sign shall register the sign with the Planning Division by completing a form provided by the City. The form shall include the owner’s name, address and telephone number, as well as dates the owner intends on displaying the sign. The City may charge a reasonable registration fee to cover the cost of inspection and enforcement, as determined by resolution of the City Council.

3. A freestanding A-frame sign, window painting or banner sign shall be displayed no more than 35 days in any three-month period on private property.

4. Each parcel shall have no more than one freestanding A-frame sign, window painting or banner sign.

5. For commercial and noncommercial signs on developed parcels, the maximum sign area of a freestanding A-frame sign, stake, or banner sign is one-half of the sign area permitted for a permanent sign in the district in which the parcel is located. For vacant parcels, no commercial signs are permitted. Noncommercial signs are permitted as long as the signs do not exceed four square feet per sign and no two signs with the same copy are located closer than 50 feet from each other.

6. A temporary sign may not be illuminated.

7. A window painting may cover only up to 50 percent of the window area.

8. A temporary freestanding A-frame sign is subject to the following requirements:
a. Maximum size of temporary freestanding A-frame signs is 30 inches wide by 48 inches tall; and
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b. A temporary freestanding A-frame sign must be placed on private property or in a landscaped area.

9. Each parcel shall have no more than one beacon, subject to the following requirements:
a. A beacon may be displayed no more than 10 days per year; b. A beacon must be located on-site;
c. A beacon may not create a hazard to pedestrians, vehicles, or aircraft due to its location or movement; and
d. A beacon may only operate during the business hours of the use being identified.

10. Commercial and noncommercial temporary signs are not permitted on public property. For clarification, the term public property for this prohibition means both real property owned by a public entity as well as physical property, including but not limited to, traffic lights, street lights, and utility infrastructure.

11. In the Downtown Specific Plan (DSP) area only, commercial and noncommercial temporary signs are not permitted in the designated public right-of-way with the exception of A-frame signs, which must be:
a. No larger than 30 inches wide by 48 inches tall;
b. Located within five feet of a front building entrance of only commercial uses; c. Allow for adequate ADA and public access on the sidewalk; and d. Subject to DSP Chapter 6 design standards, including standards for portable signs.

12. Noncommercial temporary signs are permitted in the designated public right-of-way, but not in the street, street median, or sidewalk, in commercial and industrial zones other than the DSP, subject to the following:
a. The signs must relate to an event scheduled for a specific date and shall not displayed sooner than 60 days before that event. For events like an election, the event date for the purpose of the ordinance is the specific election date and not the start of the voting period for the run-up to the election, and for multi-day events like a county fair the event date is the first day the fair is open to the public; b. May only be displayed between the hours of 9 a.m. and 5 p.m. each day; b.c.Signs must be stake signs with a maximum size of four square feet; c.d.No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
d.e. Corner properties may have two of the same sign at the corner; and, f. All noncommercial temporary signs shall be removed within five days after the event to which they pertain.

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B. Temporary signs in residential zoning districts.

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

1. A temporary sign may be placed on private property subject to the following:
a. Noncommercial signs.
(1) Maximum four square feet per sign;
(2) No limit on the number of signs permitted; and
(3) Signs must be a stake sign.
b. Commercial signs.
(1) Signage pursuant to Civil Code Section 713 may be freestanding or wall mounted; and
(2) Signs pursuant to a master sign program associated with a residential development are exempt; except they may not exceed 32 square feet and may not exceed one per parcel.
(3) A temporary commercial sign shall not be displayed for more than 35 days in any three- month period on private property

2. A noncommercial temporary sign may be placed in the designated public right-ofway, but not the street, street median, or sidewalk, subject to the following:
a. Signs must relate to an event scheduled for a specific date and shall not be installed sooner than 60 days before that event. For events like an election, the event date for the purpose of the ordinance is the specific election date and not the start of the voting period for the run-up to the election, and for multi-day events like a county fair the event date is the first day the fair is open to the public;
a.b. May only be displayed between the hours of 9 a.m. and 5 p.m. each day; b.c. Signs must be stake signs with a maximum size of four square feet; c.d. No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
d.e. Corner properties may have two of the same sign at the corner; and, e.f. All noncommercial temporary signs shall be removed within five days after the event to which they pertain.

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3. A commercial temporary sign (including garage sale signs and real estate signs) may be placed in the designated public right-of-way, but not the street, street median, or sidewalk, subject to the following:
a. Signs must relate to an activity permitted within a residential zoning district; b. Signs are only allowed on Thursdays, Saturdays and Sundays; c. Signs are limited to four square feet;
d. Only one sign per each advertised activity (e.g., a house for sale, etc.) may be placed at each street intersection leading from the two nearest major streets (reflecting two independent access routes) to the site of the advertised activity;
e. Only one sign per each advertised activity, up to a maximum of three signs total, may be placed at any street intersection corner; and f. The sign must be placed so that a minimum of four and one-half feet remains clear on the sidewalk for pedestrians if no other location is possible.

4. Commercial and non-commercial temporary signs are not permitted on public property. For clarification, the term public property for this prohibition means both real public property and physical public property, including but not limited to traffic lights, street lights, and utility infrastructure.

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

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1 ORDINANCE NO. _____________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE REVISING AND AMENDING SECTION 4.06.140 (TEMPORARY SIGNS) CHAPTER 4.06 (SIGN STANDARDS) IN THE LIVERMORE DEVELOPMENT

CODE TO RESTRICT THE DISPLAY OF TEMPORARY SIGNS IN THE PUBLIC RIGHT-OF-WAY TO THE HOURS OF 9 A.M. TO 5 P.M., CLARIFY THE EVENT

DATE, AND REAFFIRM THAT SIGNS VIOLATING THE ORDINANCE WILL BE

REMOVED AND CONFISCATED
On July 7, 2020, the Planning Commission held a public hearing on proposed amendments to the Livermore Development Code regarding temporary signs. The Commission recommended that the City Council restrict the placement of commercial and non-commercial temporary signs in the right-of-way to daylight hours between 9:00 a.m. and 5:00 p.m. and that signs must relate to an event scheduled for a specific date and shall not be displayed sooner than 30 days before that event.

On August 24, 2020, the City Council considered the recommendation from the Planning Commission and adopted Ordinance No. 2099. However, the Council removed the restriction on displaying temporary signs to certain hours of the day and set the duration of display to 60 days before an event.

The City Council and staff continued to receive complaints that campaign signs were being vandalized, stolen, installed inconsistent with the City’s existing regulations for commercial and non-commercial temporary signs, and components of the signs are littering the cityscape.

On October 24, 2022, the City Council discussed the provisions in the Livermore Development Code regarding temporary signs placed on public property and in the designated public right-of-way and directed staff to return with the Development Code Amendment previously recommended by the Planning Commission to address ongoing challenges with allowing temporary signs, including vandalism and theft. The City Council directed staff to prepare amendments to the temporary sign ordinance to restrict the placement of temporary signs on the public right-of-way to the hours of 9:00 a.m. to 5:00 p.m.

On that date, the City Council reaffirmed the 60 day time period for the display of noncommercial temporary signs in the public right-of-way, but directed staff to clarify how the date of an event is determined for the display of a noncommercial temporary sign in the public right-of-way. For events like an election the event date for the purposes of the ordinance is the actual election date and not the voting period for the run-up to the election, and for multi-day events like a county fair the event date is the first day the fair opens to the public.

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

Section 1. Subsection 12 in Subsection A “Temporary signs in commercial and industrial zoning districts” in Section 4.06.140 “Temporary Signs” in Chapter 4.06 “Sign Standards” in the Livermore Development Code is hereby amended to read as set forth below. The deletions are shown using a strikethrough, and the added language is shown with an underline, but the stricken language and underlines themselves shall not be codified in the Development Code, which publication shall only reflect the final language:

12.Noncommercial temporary signs are permitted in the designated public rightof-way, but not in the street, street median, or sidewalk, in commercial and industrial zones other than the DSP, subject to the following:
a. The signs must relate to an event scheduled for a specific date and shall not displayed sooner than 60 days before that event. For events like an election, the event date for the purpose of the ordinance is the specific election date and not the start of the voting period for the run-up to the election, and for multi-day events like a county fair the event date is the first day the event is open to the public;
b. May only be displayed between the hours of 9 a.m. and 5 p.m. each day; b. c.Signs must be stake signs with a maximum size of four square feet; c. d No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
d. e. Corner properties may have two of the same sign at the corner; and, e. f. All noncommercial temporary signs shall be removed within five days after the event to which they pertain.

Section 2. Subsection 2 in Subsection B “Temporary signs in residential zoning districts” in Section 4.06.140 “Temporary Signs” in Chapter 4.06 “Sign Standards” in the Livermore Development Code is hereby amended to read as set forth below. The deletions are shown using a strikethrough, and the added language is shown with an underline, but the stricken language and underlines themselves shall not be codified in the Development Code, which publication shall only reflect the final language:
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2. A noncommercial temporary sign may be placed in the designated public right-of-way, but not the street, street median, or sidewalk, subject to the following:
a. Signs must relate to an event scheduled for a specific date and shall not be installed sooner than 60 days before that event. For events like an election, the event date for the purpose of the ordinance is the specific election date and not the start of the voting period for the run-up to the election, and for multi-day events like a county fair the event date is the first day the event is open to the public;
b. May only be displayed between the hours of 9 a.m. and 5 p.m. each day; b. c.Signs must be stake signs with a maximum size of four square feet; c. d No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
d. e. Corner properties may have two of the same sign at the corner; and, e. f. All noncommercial temporary signs shall be removed within five days after the event to which they pertain.

Section 3. Subsection B “Enforcement” in Section 4.06.140 “Temporary Signs” in Chapter 4.06 “Sign Standards” in the Livermore Development Code is hereby amended to read as set forth below. The deletions are shown using a strikethrough, and the added language is shown with an underline, but the stricken language and underlines themselves shall not be codified in the Development Code, which publication shall only reflect the final language:

Section 4. 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. 1041
4 ORDINANCE NO. _____________
Section 5. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.

Section 6. Publication. This ordinance, 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 7. Effective Date. This ordinance shall take effect 30 days after its adoption, but the revised and amendment code sections shall not take effect for enforcement until 12:10 a.m. on July 1, 2023. Until that date and time, the sections amended and revised by this ordinance will remain in full force and effect.

The foregoing ordinance was introduced and its reading waived at the meeting of the City Council of the City of Livermore City Council held on November 28, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE REVISING AND AMENDING SECTION 4.06.140 (TEMPORARY SIGNS) CHAPTER 4.06 (SIGN STANDARDS) IN THE LIVERMORE DEVELOPMENT

CODE TO RESTRICT THE DISPLAY OF TEMPORARY SIGNS IN THE PUBLIC RIGHT-OF-WAY TO THE HOURS OF 9 A.M. TO 5 P.M., CLARIFY THE EVENT

DATE, AND REAFFIRM THAT SIGNS VIOLATING THE ORDINANCE WILL BE

Lastly, on that date the City Council reaffirmed that temporary signs placed in the public right-of-way in violation of the ordinance are subject to confiscation and removal. 1044
2 ORDINANCE NO. _____________
On November 14, 2022, the City Council considered an alternative ordinance proposed by Mayor Woerner to prohibit the placement of all temporary signs in the public right-of-way in commercial, industrial, and residential zoning districts

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

12. Noncommercial temporary Temporary signs are not permitted in the designated public right-of-way, but and are not permitted in the street, street median, or sidewalk, in commercial and industrial zones other than the DSP., subject to the following;
a. The signs must relate to an event scheduled for a specific date and shall not displayed sooner than 60 days before that event.
b. Signs must be stake signs with a maximum size of four square feet; c. No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
d. Corner properties may have two of the same sign at the corner; and, e. All noncommercial temporary signs shall be removed within five days after the event to which they pertain
Section 2. Subsection 2 in Subsection B “Temporary signs in residential zoning districts” in Section 4.06.140 “Temporary Signs” in Chapter 4.06 “Sign Standards” in the Livermore Development Code is hereby amended to read as set forth below. The deletions are shown using a strikethrough, and the added language is shown with an underline, but the stricken language and underlines themselves shall not be codified in the Development Code, which publication shall only reflect the final language:

2. A noncommercial temporary Temporary signs may be placed are not permitted in the designated public right-of-way, but and are not permitted in the street, street median, or sidewalk, subject to the following: in residential zones.
a. Signs must relate to an event scheduled for a specific date and shall not be installed sooner than 60 days before that event
1045
3 ORDINANCE NO. _____________
b. Signs must be stake signs with a maximum size of four square feet; c. No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
d.. Corner properties may have two of the same sign at the corner; and, e. All noncommercial temporary signs shall be removed within five days after the event to which they pertain.

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

Section 7. Effective Date and Enforcement Date. This ordinance shall take effect 30 days after its adoption, but the revised and amendment code sections shall not take effect for enforcement until 12:10 a.m. on July 1, 2023. Until that date and time, the sections amended and revised by this ordinance will remain in full force and effect. 1046
4 ORDINANCE NO. _____________
The foregoing ordinance was introduced and its reading waived at the meeting of the City Council of the City of Livermore City Council held on November 28, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Bob Woerner
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:

_____________________________ _______________________
Marie Weber Jason Alcala
City Clerk City Attorney
1047
1 ORDINANCE NO. _____________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE REVISING AND AMENDING SECTION 4.06.140 (TEMPORARY SIGNS) CHAPTER 4.06 (SIGN STANDARDS) IN THE LIVERMORE DEVELOPMENT

CODE TO RESTRICT THE DISPLAY OF TEMPORARY SIGNS IN THE PUBLIC RIGHT-OF-WAY TO THE HOURS OF 9 A.M. TO 5 P.M., CLARIFY THE EVENT

DATE, AND REAFFIRM THAT SIGNS VIOLATING THE ORDINANCE WILL BE

Lastly, on that date the City Council reaffirmed that temporary signs placed in the public right-of-way in violation of the ordinance are subject to confiscation and removal. 1048
2 ORDINANCE NO. _____________
On November 14, 2022, the City Council considered an alternative ordinance proposed by Mayor Woerner to prohibit the placement of all temporary signs in the public right-of-way in commercial, industrial, and residential zoning districts

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

12.Noncommercial temporary Temporary signs are not permitted in the designated public right-of-way, but and are not permitted in the street, street median, or sidewalk, in commercial and industrial zones other than the DSP., subject to the following;
a. The signs must relate to an event scheduled for a specific date and shall not displayed sooner than 60 days before that event.
b. Signs must be stake signs with a maximum size of four square feet; c. No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
d. Corner properties may have two of the same sign at the corner; and, e. All noncommercial temporary signs shall be removed within five days after the event to which they pertain
Section 2. Subsection 2 in Subsection B “Temporary signs in residential zoning districts” in Section 4.06.140 “Temporary Signs” in Chapter 4.06 “Sign Standards” in the Livermore Development Code is hereby amended to read as set forth below. The deletions are shown using a strikethrough, and the added language is shown with an underline, but the stricken language and underlines themselves shall not be codified in the Development Code, which publication shall only reflect the final language:

2. A noncommercial temporary Temporary signs may be placed are not permitted in the designated public right-of-way, but and are not permitted in the street, street median, or sidewalk, subject to the following: in residential zones.
a. Signs must relate to an event scheduled for a specific date and shall not be installed sooner than 60 days before that event
1049
3 ORDINANCE NO. _____________
b. Signs must be stake signs with a maximum size of four square feet; c. No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
d.. Corner properties may have two of the same sign at the corner; and, e. All noncommercial temporary signs shall be removed within five days after the event to which they pertain.

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

Section 7. Effective Date and Enforcement Date. This ordinance shall take effect 30 days after its adoption, but the revised and amendment code sections shall not take effect for enforcement until 12:10 a.m. on July 1, 2023. Until that date and time, the sections amended and revised by this ordinance will remain in full force and effect. 1050
4 ORDINANCE NO. _____________
The foregoing ordinance was introduced and its reading waived at the meeting of the City Council of the City of Livermore City Council held on November 28, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Bob Woerner
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
_____________________________ _______________________
Marie Weber Jason Alcala
City Clerk City Attorney
1051
CITY COUNCIL STAFF REPORT ITEM NO. 7.1
DATE: November 28, 2022
TO: Honorable Mayor and City Council
FROM: Tina Olson, Administrative Services Director
SUBJECT: Resolution approving an amended and restated employment contract with the City Attorney.

RECOMMENDED ACTION
Mayor Woerner recommends the City Council adopt a resolution approving an amended and restated employment contract with the City Attorney.

SUMMARY
The City Attorney's contract stipulates under Section V.A. that the City Council shall conduct an annual performance review of the City Attorney and determine any modifications to the terms and conditions of employment including any salary increase, bonus, or other benefit changes.

DISCUSSION
The previous City Attorney's employment contract effective December 6, 2021, indicates the City Council shall review the performance of the City Attorney annually and may make modifications to terms and conditions of employment as deemed appropriate based on performance of duties. As such, the City Council met in Closed Session with the City Attorney on November 21, 2022 to discuss his performance evaluation. Prior to that discussion, the City Attorney, via memo to the City Council, requested modifications to terms and conditions relevant to his employment contract. At the Closed Session, the City Council discussed the City Attorney's request and directed that the City Attorney's draft employment contract be placed upon this agenda for City Council consideration. Council approval would amend and replace the previous contract dated December 6, 2021, with a new contract that reflects the following material changes; (1) provide a compensation adjustment of 4% bringing the City Attorney's annual base salary to $290,170, (2) provide a one time merit bonus of $7,500, and (3) increase the City’s contribution by $150.82 a month from $549.18 to $700 a month into a City deferred compensation program to the extent that such contribution is matched by employee's contribution. The new contract will be effective December 5, 2022.

FISCAL AND ADMINISTRATIVE IMPACTS
1052
The additional net salary, benefits, and merit bonus of approximately $21,600 will be paid from the General Fund. No additional appropriation is required at this time.

ATTACHMENTS

1. 2022 City Attorney Contract Redline

2. Resolution

3. Exhibit A - 2022 Signed City Attorney Contract
Prepared by: Tina Olson
Administrative Services Director
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
1053
1 CITY ATTORNEY EMPLOYMENT CONTRACT
(Amended and Restated November ____, 2022)
This contract, dated ________________, is made between the City of Livermore (“City”) a California municipal corporation, and Jason R. Alcala (“Employee”), and upon its effective date amends and replaces the previous employment contract between these parties dated December 17, 2021.

RECITALS
City desires to employ the services of Employee as City Attorney of the City of Livermore and to provide certain compensation and establish certain conditions of employment of the City Attorney.

Employee desires to accept employment as City Attorney under the conditions contained in this contract.

In consideration of the mutual covenants contained in this contract, the parties agree as follows:

I. TERM
The term of this contract shall begin on, and its effective date shall be, December 5, 2022, and shall continue indefinitely subject only to the Termination and Severance (section IV) and Resignation (section VIII) provisions of this contract. Both City and Employee understand that Employee's employment is at the will of both parties. Thus, Employee serves at the pleasure of the City Council, subject only to the Termination and Severance (section IV) and Notices (section VII) provisions contained in this contract. In a like manner, nothing in this contract shall interfere with the right of Employee to resign at any time subject to the Resignation (section VIII) and Notices (section VII) provisions of this contract.

II. DUTIES
City agrees to employ Employee as City Attorney to perform the duties specified in Livermore Municipal Code Chapter 2.12 and the laws of the State of California, as well as other duties assigned by the City Council, which reasonably relate to the position of City Attorney.

Employee agrees to remain in the exclusive employment of City except that City acknowledges that Employee may engage in other professional activities (including teaching, writing, legal representation of family members in matters unrelated to the City of Livermore, and the like) so long as these activities do not interfere or conflict with Employee's duties as City Attorney.

Ill. COMPENSATION
A. Salary. City agrees to pay Employee a salary of $290,170.00 per year, payable at the same time as other City employees are paid.

Deleted: December 13, 2021
Deleted: November 9, 2020
Deleted: December 06, 2021
Deleted: $279,010
ATTACHMENT 1
1054
2 B. Benefits. Employee shall be entitled to receive the same benefits as are provided for all City Department Heads. Employee shall also maintain the earned benefits, such as sick leave and vacation leave, that Employee has accumulated in his employment previously for the City. Additionally, Employee shall receive:
(1) A car allowance of $400 per month.
(2) City contribution of $700.00/month into a City deferred compensation program to the extent that such contribution is matched by Employee's contribution. This contribution is in addition to the City's contribution of $265/month into a City deferred compensation program provided to City Department Heads to the extent that the Employee contributes $162.50 per month. The total City deferred compensation contribution would equal $965/month and the total Employee deferred compensation contribution would equal $862.50/month. (3) Retiree health reimbursement benefit – The City Council acknowledges that, prior to promotion to City Attorney, Employee was eligible to receive this benefit upon retirement and the purpose of this section to preserve Employee's previously earned eligibility for this benefit. Employee shall be eligible upon retirement for a retiree health reimbursement benefit up to a cap of $1,950 per month.

IV. TERMINATION AND SEVERANCE
A. City may terminate, without cause, this contract and the employment of Employee by providing written notice of such termination to Employee in a manner set forth in the Notices (section VII) provisions of this contract.

B. If the City Council acts in a manner such that the California Rules of Professional Conduct of lawyers require Employee to withdraw from representing the City of Livermore, then that mandatory withdrawal will be treated as a termination without cause for the purposes of this contract. The California Rules of Professional Conduct of lawyers are adopted by the Board of Trustees of the State Bar of California and approved by the California Supreme Court to protect the public, the courts, the legal profession, and the integrity of the legal system. Examples of City Council actions that require mandatory withdrawal are set forth in Rule of Professional Conduct 1.16(a)(1) and include scenarios where a client brings an action, conducts a defense, asserts a position in litigation, or takes an appeal, without probable cause and for the purpose of harassing or maliciously injuring any person. Other scenarios include situations where a client persists in instructing the lawyer to act contrary to professional ethics or the law. If there is a disagreement whether the City Council’s conduct warrants the Employee’s mandatory or permissive withdrawal, the question will be presented to a either the State Bar of California, or to a court of competent jurisdiction, to evaluate and determine whether that conduct requires the Employee’s mandatory withdrawal, which determination shall then be applied for the purpose of implementing this section in the contract.

C. In the event of such termination without cause as set forth in this Section IV, while Employee is willing and able to perform the duties of City Attorney, City shall pay Employee's salary and benefits (in the amounts as of the date of termination) for a period of 12 months from the date of termination subject to, and such payment shall be interpreted to comply with, the limitations set forth in California Government Code Sections 53260 and 53261. This provision Deleted: $549.18
Deleted: $814.18
Deleted: $711.68
Deleted:

Deleted:

ATTACHMENT 1
1055
3 shall not apply if termination is for cause. For the purpose of this contract, termination for cause shall mean that Employee is terminated for:
(1) willful misconduct;
(2) abuse of drugs or alcohol which materially affects the performance of his duties; (3) repeated and protracted unexcused absences from the City Attorney's office; (4) conviction of any felony;
(5) conviction of a misdemeanor involving moral turpitude; (6) acceptance of employment from another source inconsistent with this contract; or
(7) any material breach of this contract.

V. PERFORMANCE EVALUATION
A. Each October, the City Council shall review Employee’s performance to determine, among other things, entitlement to any salary increase (including merit and/or cost of living) or whether to award any one-time special merit award, or bonus, for the accomplishment of the City Council’s specific goals, or for exceptional results or performance above the expected fulfillment of Employee’s job obligations.

B. Each year as part of the Employee’s evaluation process, Employee and City Council shall meet to discuss establishing performance objectives for Employee. Evaluations shall be primarily based upon the mutually developed and agreed upon performance goals and objectives for that year’s evaluation as well as upon the performance of the full range of duties required of Employee as the City Attorney by the laws of the State of California, the Livermore Municipal Code, and the Council goals and policies. The City Council and Employee shall also assess the quality and effectiveness of their working relationship. After reviewing Employee’s performance based upon the agreed upon goals and objectives, the City Council shall notify City Attorney in writing whether the City Attorney has performed, in the Council’s judgment, satisfactorily or unsatisfactorily.

C. Merit Increases. City may increase the Employee’s base salary and/or other benefits in an amount and to the extent as the City may determine that is desirable to do so on the basis of an annual performance evaluation and salary review. In addition, a lump-sum merit payment may be awarded in the City Council’s sole judgment and discretion if it finds that the Employee’s job performance exemplifies excellence in a unique program or activity having a significant positive impact on City operations or the community, but such award shall not be added to the Employee’s salary. The City Council hereby awards Employee a merit bonus in the amount of $7,500, which shall be paid in a lump sum in the pay period that ends December 18, 2022. VI. PROFESSIONAL DEVELOPMENT
City acknowledges its mutual interest in the continuing professional development of Employee.

Thus, City agrees to allow and pay all expenses associated with membership fees as well as employment-related conferences, including meals, subscriptions, and professional development costs associated with professional organizations, such as the California Bar Association, the League of California Cities, the Bay Area City Attorney’s Association, the Contra Costa City and County Attorney’s Association, and the East Alameda County Bar Association. This may include activities such as serving as an officer or board member of such organizations. Professional ATTACHMENT 1
1056
4 development activities will not distract Employee from his other duties as City Attorney.

VII. NOTICES
The notices pursuant to this contract shall be by certified registered mail return receipt requested addressed as follows:

A. City:

City Council
City of Livermore
1052 South Livermore Avenue
Livermore, California 94550

B. Employee:

Jason R. Alcala
City Attorney
City of Livermore
1052 South Livermore Avenue
Livermore, California 94550
VIII. RESIGNATION
Employee may resign, retire, or terminate, without cause, this contract by providing written notice of such event to City in a manner set forth in the Notices (section VII) section of this contract.

Employee shall provide the written notice at least 60 days in advance of such event. During the period following notice and until the date the resignation, retirement, or termination of this contract becomes effective, all rights and obligations of City and Employee under this contract will remain in effect. Upon separation, Employee will be paid for all benefits and earned, accrued, and unused leave in the same manner as City Department Heads upon separation.

IX. GENERAL PROVISIONS
A. This written contract shall constitute the entire agreement between the parties, and they have drafted it jointly. No representations, except for those herein, have been made or relied upon.

B. This contract shall be binding upon and inure to the benefit of the heirs at law and executors of Employee.

C. If any provisions or any portion thereof contained in this contract is held invalid by a court of competent jurisdiction, the remainder of this contract shall be deemed severable and shall not be affected and shall remain in full force and effect.

D. This contract may be modified or extended only upon the written consent of City and Employee.

E. Employee will provide the City at least 60 days written notice of the effective date of his resignation or retirement.

ATTACHMENT 1
1057
5 F. It is recognized that the position of City Attorney is an executive management position which often requires more than a conventional 40 hour-per-week to provide the desired level of professional service. It is further recognized that to properly fulfill his duties and responsibilities, Employee will devote a considerable amount of time outside normal office hours to the business of the City. Therefore, Employee will not be required to maintain a strict 40 hourper-week on-site presence at City Hall, and may occasionally be absent from City Hall during normal business hours as is reasonable and appropriate. This flexibility in work schedule shall not be abused. In this regard, Employee is required to maintain a regular on-site presence during normal business hours that is sufficient to properly administer and oversee the activities of the City Attorney’s office and its employees, to provide accessibility to City Council members, Department Heads, citizens, and other persons or firms who have business with the City and to generally ensure that the City Attorney’s office functions appropriately on a day-to-day basis.

Excessive absences during regular business hours will be a matter of concern to the City.

Employee is expected to be available at all times, except for the time taken on personal matters, such as vacations. City expects Employee to make prudent and reasonable arrangements for such personal time off, such as reasonable notice and arrangements, for example, for acting City Attorneys.

It is one of the duties of the City Attorney of the City of Livermore to serve as the primary legal advisor to the City for the implementation, support, and articulation of the City Council’s policies and objectives. As such, Employee is expected to maintain a reasonably high level of community involvement, and should become an active participant in community activities including those conducted or sponsored by City and its departments and those conducted or sponsored by various community organizations.

G. City and Employee agree to fully comply with AB 1344 that became effective on January 1, 2012, and to fully comply with other applicable law as it exists on the date of this contract. In that regard, the following Government Code Sections are hereby incorporated into this contract:

Section 53243 Reimbursement of paid leave salary required upon conviction of crime involving office or position
Section 53243.1 Reimbursement of legal criminal defense upon conviction of crime involving office or position
Section 53243.2 Reimbursement of cash settlement upon conviction of crime involving office or position
Section 53243.3 Reimbursement of noncontractual payments upon conviction or crime involving office or position,
Section 53243.4 “Abuse of office or position” defined, and Section 53244 Forfeiture of rights to pension or retirement benefits by local public officer upon conviction of felony for conduct arising out of, or in the performance of, official duties.

H. Employee understands and agrees that the term of his employment is governed only by this contract and that no right of regular employment for any specific term is created by this contract. Employee further understands that he acquires no property interest in his employment Deleted: In accordance with
Deleted: 53243, 53243.1, and 53243.2
Deleted: (1) In the event Employee is placed on paid
leave pending an investigation, Employee shall reimburse such pay to City if he is subsequently convicted of a crime involving an abuse of his office or position;¶
(2) In the event City pays for Employee’s legal criminal defense, he shall fully reimburse such funds to the City if he is subsequently convicted of a crime involving an abuse of his office or position; and,¶
(3) If this contract is terminated, any cash settlement related to the termination that Employee may receive from City must be fully reimbursed to City if he is subsequently convicted of a crime involving an abuse of his office or position.¶
¶
For the purposes of this section, “abuse of office or
position” shall be as defined in Government Code Section 53243.4.

ATTACHMENT 1
1058
6 by virtue of this contract, and that the employment is “at will” as defined in the laws of the State of California (meaning that she can be terminated at any time for any reason or for no reason), and that she is not entitled to any pre- or post-deprivation administrative hearing or other due process upon termination or any disciplinary action, except those specifically set forth in Government Code section 54957(b)(2).

In witness whereof, City has caused this contract to be signed on its behalf by its Mayor, and duly attested by its City Clerk, Employee has signed this document on or before the date written above.

ATTEST: CITY:
_____________________________ _____________________________ Marie Weber Bob Woerner
City Clerk Mayor
APPROVED AS TO FORM EMPLOYEE:
_____________________________ _____________________________ Kim Cilley Jason R. Alcala
Senior Assistant City Attorney City Attorney
Deleted: ¶
ATTACHMENT 1
1059
RESOLUTION NO. _________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING AN AMENDED AND RESTATED EMPLOYMENT

CONTRACT WITH THE CITY ATTORNEY
On December 13, 2021, the City Council entered into an employment contract with City Attorney Jason Alcala. Pursuant to the employment contract, the City Council conducted the City Attorney’s annual performance evaluation on November 21, 2022 and evaluated modifications to terms and conditions of employment presented by the City Attorney subsequent to the performance evaluation.

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

1. Approves modifications to the terms and conditions of the employment contract for the City Attorney, effective December 5, 2022, as described more fully in the Amended and Restated City Attorney Employment Contract, attached hereto as Exhibit A; and

2. Authorizes the Mayor, on behalf of the City of Livermore, to execute the Amended and Restated City Attorney Employment Contract.

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_________________________ ____//s// Kim Cilley_________ Marie Weber Kim Cilley
City Clerk Senior Assistant City Attorney
Exhibit A – Agreement
1060
1 CITY ATTORNEY EMPLOYMENT CONTRACT
(Amended and Restated November ____, 2022)
This contract, dated ________________, is made between the City of Livermore (“City”) a California municipal corporation, and Jason R. Alcala (“Employee”), and upon its effective date amends and replaces the previous employment contract between these parties dated December 17, 2021.

Employee desires to accept employment as City Attorney under the conditions contained in this contract.

In consideration of the mutual covenants contained in this contract, the parties agree as follows:

Ill. COMPENSATION
A. Salary. City agrees to pay Employee a salary of $290,170.00 per year, payable at the same time as other City employees are paid.

DocuSign Envelope ID: A9D19FBE-6953-40E5-9C38-71E89D858910

EXHIBIT A
1061
2 B. Benefits. Employee shall be entitled to receive the same benefits as are provided for all City Department Heads. Employee shall also maintain the earned benefits, such as sick leave and vacation leave, that Employee has accumulated in his employment previously for the City. Additionally, Employee shall receive:
(1) A car allowance of $400 per month.
(2) City contribution of $700.00/month into a City deferred compensation program to the extent that such contribution is matched by Employee's contribution. This contribution is in addition to the City's contribution of $265/month into a City deferred compensation program provided to City Department Heads to the extent that the Employee contributes $162.50 per month. The total City deferred compensation contribution would equal $965/month and the total Employee deferred compensation contribution would equal $862.50/month. (3) Retiree health reimbursement benefit – The City Council acknowledges that, prior to promotion to City Attorney, Employee was eligible to receive this benefit upon retirement and the purpose of this section to preserve Employee's previously earned eligibility for this benefit. Employee shall be eligible upon retirement for a retiree health reimbursement benefit up to a cap of $1,950 per month.

C. In the event of such termination without cause as set forth in this Section IV, while Employee is willing and able to perform the duties of City Attorney, City shall pay Employee's salary and benefits (in the amounts as of the date of termination) for a period of 12 months from the date of termination subject to, and such payment shall be interpreted to comply with, the limitations set forth in California Government Code Sections 53260 and 53261. This provision DocuSign Envelope ID: A9D19FBE-6953-40E5-9C38-71E89D858910

EXHIBIT A
1062
3 shall not apply if termination is for cause. For the purpose of this contract, termination for cause shall mean that Employee is terminated for:
(1) willful misconduct;
(2) abuse of drugs or alcohol which materially affects the performance of his duties; (3) repeated and protracted unexcused absences from the City Attorney's office; (4) conviction of any felony;
(5) conviction of a misdemeanor involving moral turpitude; (6) acceptance of employment from another source inconsistent with this contract; or
(7) any material breach of this contract.

VI. PROFESSIONAL DEVELOPMENT
City acknowledges its mutual interest in the continuing professional development of Employee.

Thus, City agrees to allow and pay all expenses associated with membership fees as well as employment-related conferences, including meals, subscriptions, and professional development costs associated with professional organizations, such as the California Bar Association, the League of California Cities, the Bay Area City Attorney’s Association, the Contra Costa City and County Attorney’s Association, and the East Alameda County Bar Association. This may include activities such as serving as an officer or board member of such organizations. Professional DocuSign Envelope ID: A9D19FBE-6953-40E5-9C38-71E89D858910

EXHIBIT A
1063
4 development activities will not distract Employee from his other duties as City Attorney.

VII. NOTICES
The notices pursuant to this contract shall be by certified registered mail return receipt requested addressed as follows:

A. City:

City Council
City of Livermore
1052 South Livermore Avenue
Livermore, California 94550
B. Employee:

B. This contract shall be binding upon and inure to the benefit of the heirs at law and executors of Employee.

D. This contract may be modified or extended only upon the written consent of City and Employee.

E. Employee will provide the City at least 60 days written notice of the effective date of his resignation or retirement.

DocuSign Envelope ID: A9D19FBE-6953-40E5-9C38-71E89D858910

EXHIBIT A
1064
5 F. It is recognized that the position of City Attorney is an executive management position which often requires more than a conventional 40 hour-per-week to provide the desired level of professional service. It is further recognized that to properly fulfill his duties and responsibilities, Employee will devote a considerable amount of time outside normal office hours to the business of the City. Therefore, Employee will not be required to maintain a strict 40 hourper-week on-site presence at City Hall, and may occasionally be absent from City Hall during normal business hours as is reasonable and appropriate. This flexibility in work schedule shall not be abused. In this regard, Employee is required to maintain a regular on-site presence during normal business hours that is sufficient to properly administer and oversee the activities of the City Attorney’s office and its employees, to provide accessibility to City Council members, Department Heads, citizens, and other persons or firms who have business with the City and to generally ensure that the City Attorney’s office functions appropriately on a day-to-day basis.

Excessive absences during regular business hours will be a matter of concern to the City.

EXHIBIT A
1065
6 by virtue of this contract, and that the employment is “at will” as defined in the laws of the State of California (meaning that she can be terminated at any time for any reason or for no reason), and that she is not entitled to any pre- or post-deprivation administrative hearing or other due process upon termination or any disciplinary action, except those specifically set forth in Government Code section 54957(b)(2).

In witness whereof, City has caused this contract to be signed on its behalf by its Mayor, and duly attested by its City Clerk, Employee has signed this document on or before the date written above.

ATTEST: CITY:
_____________________________ _____________________________ Marie Weber Bob Woerner
City Clerk Mayor
APPROVED AS TO FORM EMPLOYEE:
_____________________________ _____________________________ Kim Cilley Jason R. Alcala
Senior Assistant City Attorney City Attorney
DocuSign Envelope ID: A9D19FBE-6953-40E5-9C38-71E89D858910

EXHIBIT A
1066
CITY COUNCIL STAFF REPORT ITEM NO. 7.2
DATE: November 28, 2022
TO: Honorable Mayor and City Council
FROM: Tina Olson, Administrative Services Director
SUBJECT: Resolution approving an amended and restated employment contract with the City Manager

RECOMMENDED ACTION
Mayor Woerner recommends the City Council adopt a resolution approving an amended and restated employment contract with the City Manager.

SUMMARY
The City Manager's contract stipulates under Section V.A. that the City Council shall conduct an annual performance review of the City Manager and determine any modifications to the terms and conditions of employment including any salary increase, bonus, or other benefit changes.

DISCUSSION
The previous City Manager employment contract effective May 16, 2022, indicates the City Council shall review the performance of the City Manager annually and may make modifications to terms and conditions of employment, as deemed appropriate based on performance of duties. As such, the City Council met in Closed Session with the City Manager on November 21, 2022, to discuss her performance evaluation. Prior to that discussion, the City Manager, via memo to the City Council, requested modifications to terms and conditions relevant to her employment contract. At the Closed Session, the City Council discussed the City Manager's request and directed that the City Manager's draft employment contract be placed on this agenda for City Council consideration.

Council approval would amend and replace the previous contract dated May 16, 2022, with a new contract that reflects the following material changes: provide a compensation adjustment of 4% bringing the City Manager's annual base salary to $317,200.

FISCAL AND ADMINISTRATIVE IMPACTS
The additional net salary, benefits, and costs of roughly $13,450 will be paid from the General Fund. No 1067
additional appropriation is required at this time.

ATTACHMENTS

1. 2022 City Manager Contract Redline

2. Resolution

3. Exhibit A - 2022 Signed City Manager Contract
Prepared by: Tina Olson
Administrative Services Director
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
1068
1 CITY MANAGER EMPLOYMENT CONTRACT
This contract, dated ________________, is made between the City of Livermore (“City”), a California municipal corporation, and Marianna Marysheva (“Employee”).

RECITALS
City desires to employ the services of Employee as City Manager of the City of Livermore and to provide certain compensation and establish certain conditions of employment of the City Manager.

Employee desires to accept employment as City Manager under the conditions contained in this contract.

In consideration of the mutual covenants contained in this contract, the parties agree as follows:

I. TERM
The term of this contract shall begin on, and its effective date shall be, December 5, 2022, and shall continue indefinitely subject only to the Termination and Severance (section IV) and Resignation (section VIII) provisions of this contract. Both City and Employee understand that Employee’s employment is at the will of both parties. Thus, Employee serves at the pleasure of the City Council, subject only to the Termination and Severance (section IV) and Notices (section VII) provisions contained in this contract. In a like manner, nothing in this contract shall interfere with the right of Employee to resign at any time subject to the Resignation (section VIII) and Notices (section VII) provisions of this contract.

II. DUTIES
City agrees to employ Employee as City Manager to perform the duties specified in Livermore Municipal Code section 2.08, as well as other duties assigned by the City Council which reasonably relate to the position of City Manager.

Employee agrees to remain in the exclusive employment of City except that City acknowledges that Employee may engage in other professional activities (including teaching, writing, and the like) so long as these activities do not interfere or conflict with Employee’s duties as City Manager.

III. COMPENSATION
A. Salary. City agrees to pay Employee a salary of $305,000 per year, payable at the same time as other City employees are paid. Beginning December 5, 2022, the Employee salary will be automatically adjusted annually for cost of living at the same rate granted by the City to the Livermore Management Group.

B. Benefits. Employee shall be entitled to receive the same benefits as are provided for all City Department Heads. Employee shall also receive: 80 hours vacation leave when the contract commences, and shall thereafter accrue vacation leave in an amount that is equivalent Deleted: May 16, 2022
Deleted: for a period of five (5) years through May 15, 2027, Deleted: T
Formatted: Font: (Default) Arial
Formatted: Font: (Default) Arial
ATTACHMENT 1
1069

2 to City Department Heads with 20+ years of experience. Employee shall also receive 128 hours of administrative leave and shall thereafter receive administrative leave in an amount that is equivalent to City Department Heads at the same time and in the same manner that administrative leave is provided to City Department Heads. Employee also shall receive the following.

1. A car allowance of $550 per month.

2. A City contribution of $185 per pay period into a City-recognized deferred compensation program provided to City Department Heads with a required matching employee contribution of $75 per pay period.

3. Vacation cash-out – Employee shall be eligible to cash out any amount of accrued vacation leave each year and any portion of which may be applied to deferred compensation.

4. Retirement health savings benefit – Employee is eligible for the retirement health savings benefit, with the City contributing 4% of Employee’s annual base pay into the Employee’s account.

IV. TERMINATION AND SEVERANCE
A. City may terminate, without cause, the employment of Employee by providing written notice of such termination to Employee in a manner set forth in the Notice (section VII) provisions of contract.

B. In the event of such termination without cause as set forth in Section IV, while Employee is willing and able to perform the duties of City Manager, City shall pay Employee’s salary and benefits (in the amounts as of the date of termination) for a period of 12 months from the date of termination. This provision shall not apply if termination is for cause. For the purpose of this contract, termination for cause shall mean that Employee is terminated for:

1. willful misconduct;

2. abuse of drugs or alcohol which materially affects the performance of his duties;

3. repeated and protracted unexcused absences from the City Manager’s office;

4. conviction of any felony;

5. conviction of a misdemeanor involving moral turpitude;

6. acceptance of employment from another source inconsistent with this contract; or

7. any material breach of this contract.

V. PERFORMANCE EVALUATION
A. Each October, the City Council shall review Employee’s performance to determine, among other things, entitlement to any salary increase (such as merit) or whether to award any one-time special merit award, or bonus, for the accomplishment of the City Council’s specific goals, or for exceptional results or performance above the expected fulfillment of Employee’s job obligations.

B. Each year as a part of the Employee’s evaluation process, Employee and City Council shall meet to discuss establishing performance objectives for Employee. These Deleted: C. One Time Benefits. Employee shall also be
entitled to the following one-time benefits for costs incurred to relocate from southern California, which shall be
reimbursed by the City up to the specified amounts based upon receipts for actual costs incurred:¶

1. Reimbursement of moving expenses from Irvine to
Livermore up to a total amount not to exceed $15,000;¶

2. Reimbursement for the travel expenditures for airfare, hotel, mileage, and car up to a total amount not to exceed $5,000 for Employee and two family members from travel
from southern California to locate housing accommodations within the Livermore region; and¶

3. Reimbursement for up to 6 months temporary housing
accommodations up to a total amount not to exceed
$25,000.¶
Deleted: including
Deleted: and/or cost of living
ATTACHMENT 1
1070

3 performance objectives, in combination with any adopted Council goals for the operational period, shall become the bases for Employee’s subsequent performance review.

VI. PROFESSIONAL DEVELOPMENT
City acknowledges its mutual interest in the continuing professional development of Employee.

Professional development activities will not distract Employee from his other duties as City Manager.

VII. NOTICES
The notices pursuant to this contract shall be by certified registered mail return receipt requested addressed as follows:

A. City:

City Council
City of Livermore
1052 South Livermore Avenue
Livermore, California 94550
B. Employee:

Marianna Marysheva
City Manager
City of Livermore
1052 South Livermore Avenue
Livermore, California 94550
VIII. RESIGNATION
Employee may resign, retire, or terminate without cause, this contract by providing written notice of such event to City in a manner set forth in Notices section (section VII) of this contract.

Employee shall provide the written notice at least 60 days in advance of such event. During the period following notice and until the date of resignation, retirement, or termination of this contract becomes effective, all rights and obligations of City and Employee under this contract will remain in effect. Upon separation, Employee will be paid for all benefits earned and accrued, including unused leave, in the same manner as City Department Heads upon separation.

IX. GENERAL PROVISIONS
A. This written contract shall constitute the entire contract between the parties, and they have drafted it jointly. No representations, except for those herein, have been made or relied upon.

ATTACHMENT 1
1071

4 B. This contract shall be binding upon and inure to the benefit of the heirs at law and executors of Employee.

C. If any provisions or any portion thereof contained in this of contract is held invalid by a court of competent jurisdiction the remainder of this contract shall be deemed severable and shall not be affected and shall remain in full force and effect.

D. This contract may be modified or extended only upon the written consent of City and Employee.

E. Employee will provide the City at least 60 days written notice of the effective date of his resignation or retirement.

F. It is recognized that the position of City Manager is an executive management position which often requires more than a conventional forty-hour week to provide the desired level of professional service. It is further recognized that to properly fulfill his duties and responsibilities, Employee will devote a considerable amount of time outside normal office hours to the business of the City. Therefore, Employee will not be required to maintain a strict forty (40) hour-per-week on-site presence at City Hall and may occasionally be absent from City Hall during normal business hours as is reasonable and appropriate. This flexibility in work schedule shall not be abused. In this regard, Employee is required to maintain a regular on-site presence during normal business hours that is sufficient to properly administer and oversee the activities of the City and its employees, to provide accessibility to City Council members, Department Heads, citizens, and other persons or firms who have business with the City and to generally ensure that the City functions appropriately on a day-to-day basis. Excessive absences during regular business hours will be a matter of concern to the City. Employee is expected to be available at all times, except for the time taken on personal matters, such as vacations. City expects Employee to make prudent and reasonable arrangements for such personal time off, such as reasonable notice and arrangements, for example, for acting City Managers.

It is one of the duties of the City Manager of the City of Livermore to implement, support, and articulate the policies and objectives of the Livermore City Council and to serve as the primary administrative official of the City. As such, Employee is expected to maintain a reasonably high level of community involvement, and should become an active participant in community activities including those conducted or sponsored by City and its departments and those conducted or sponsored by various community organizations.

G. City and Employee agree to fully comply with AB 1344 that became effective on January 1, 2012, and to fully comply with all other applicable law as it exists on the date of this contract. In that regard, the following Government Code sections are hereby incorporated into this contract:

5 Section 53243.3 Reimbursement of noncontractual payments upon conviction or crime involving office or position,
Section 53243.4 “Abuse of office or position” defined, and Section 53244 Forfeiture of rights to pension or retirement benefits by local public officer upon conviction of felony for conduct arising out of, or in the performance of, official duties.

H. Employee understands and agrees that the term of her employment is governed only by this contract and that no right of regular employment for any specific term is created by this contract. Employee further understands that she acquires no property interest in her employment by virtue of this contract, that the employment is “at will” as defined by the laws of the State of California (meaning that she can be terminated at any time for any reason or for no reason), and that she is not entitled to any pre- or post-deprivation administrative hearing or other due process upon termination or any disciplinary action, except those specifically set forth in Government Code section 54957(b)(2).

In witness whereof, City has caused this contract to be signed on its behalf by its Mayor, and duly attested by its City Clerk. Employee has signed this document on or before the date written above.

ATTEST: CITY:
_______________________________ _____________________________ Marie Weber Bob Woerner
City Clerk Mayor
APPROVED AS TO FORM: EMPLOYEE:
________________________________ _____________________________ Jason Alcala Marianna Marysheva
City Attorney City Manager
ATTACHMENT 1
1073
RESOLUTION NO. _________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION APPROVING THE 2022 AMENDMENT TO THE EMPLOYMENT

CONTRACT WITH THE CITY MANAGER
On May 16, 2022, the City Council entered into an employment contract with City Manager Marianna Marysheva. Pursuant to the employment contract, the City Council conducted the City Manager’s annual performance evaluation on November 21, 2022, and evaluated modifications to terms and conditions of employment presented by the City Manager subsequent to the performance evaluation.

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

1. Approves modifications to the terms and conditions of the employment contract for the City Manager, effective December 5, 2022, as described more fully in the 2022 Amendment to the City Manager Employment Contract, attached hereto as Exhibit A; and

2. Authorizes the Mayor, on behalf of the City of Livermore, to execute the 2022 Amendment to the City Manager Employment Contract.

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_________________________ ____//s// Jason Alcala_________ Marie Weber Jason Alcala
City Clerk City Attorney
Exhibit A - Agreement
1074
1 CITY MANAGER EMPLOYMENT CONTRACT
This contract, dated ________________, is made between the City of Livermore (“City”), a California municipal corporation, and Marianna Marysheva (“Employee”).

Employee desires to accept employment as City Manager under the conditions contained in this contract.

In consideration of the mutual covenants contained in this contract, the parties agree as follows:

I. TERM
The term of this contract shall begin on, and its effective date shall be, December 5, 2022, and shall continue indefinitely subject only to the Termination and Severance (section IV) and Resignation (section VIII) provisions of this contract. Both City and Employee understand that Employee’s employment is at the will of both parties. Thus, Employee serves at the pleasure of the City Council, subject only to the Termination and Severance (section IV) and Notices (section VII) provisions contained in this contract. In a like manner, nothing in this contract shall interfere with the right of Employee to resign at any time subject to the Resignation (section VIII) and Notices (section VII) provisions of this contract.

Employee agrees to remain in the exclusive employment of City except that City acknowledges that Employee may engage in other professional activities (including teaching, writing, and the like) so long as these activities do not interfere or conflict with Employee’s duties as City Manager.

B. Benefits. Employee shall be entitled to receive the same benefits as are provided for all City Department Heads. Employee shall also receive: 80 hours vacation leave when the contract commences, and shall thereafter accrue vacation leave in an amount that is equivalent DocuSign Envelope ID: C1AD3139-458A-49A8-A2E6-5C0529A4D752

EXHIBIT A
1075

1. A car allowance of $550 per month.

3. Vacation cash-out – Employee shall be eligible to cash out any amount of accrued vacation leave each year and any portion of which may be applied to deferred compensation.

4. Retirement health savings benefit – Employee is eligible for the retirement health savings benefit, with the City contributing 4% of Employee’s annual base pay into the Employee’s account.

1. willful misconduct;

2. abuse of drugs or alcohol which materially affects the performance of his duties;

3. repeated and protracted unexcused absences from the City Manager’s office;

4. conviction of any felony;

5. conviction of a misdemeanor involving moral turpitude;

6. acceptance of employment from another source inconsistent with this contract; or

7. any material breach of this contract.

B. Each year as a part of the Employee’s evaluation process, Employee and City Council shall meet to discuss establishing performance objectives for Employee. These DocuSign Envelope ID: C1AD3139-458A-49A8-A2E6-5C0529A4D752

EXHIBIT A
1076

3 performance objectives, in combination with any adopted Council goals for the operational period, shall become the bases for Employee’s subsequent performance review.

VI. PROFESSIONAL DEVELOPMENT
City acknowledges its mutual interest in the continuing professional development of Employee.

Professional development activities will not distract Employee from his other duties as City Manager.

VII. NOTICES
The notices pursuant to this contract shall be by certified registered mail return receipt requested addressed as follows:

A. City:

City Council
City of Livermore
1052 South Livermore Avenue
Livermore, California 94550
B. Employee:

DocuSign Envelope ID: C1AD3139-458A-49A8-A2E6-5C0529A4D752

EXHIBIT A
1077

4 B. This contract shall be binding upon and inure to the benefit of the heirs at law and executors of Employee.

D. This contract may be modified or extended only upon the written consent of City and Employee.

E. Employee will provide the City at least 60 days written notice of the effective date of his resignation or retirement.

EXHIBIT A
1078

In witness whereof, City has caused this contract to be signed on its behalf by its Mayor, and duly attested by its City Clerk. Employee has signed this document on or before the date written above.

EXHIBIT A
1079
CITY COUNCIL STAFF REPORT ITEM NO. 10.1
DATE: November 28, 2022
TO: Honorable Mayor and City Council
FROM: Marianna Marysheva, City Manager
SUBJECT: Supplemental materials received prior to the meeting.

RECOMMENDED ACTION

SUMMARY
These materials were posted online and made available to the public at the same time that they were distributed to the City Council.

6.1 Hearing to consider a resolution approving the Housing and Human Services grant priorities for FY 2023-24.

Material: PowerPoint Presentation

6.2 Hearing to consider a resolution approving the third substantial amendment to the City of Livermore’s U.S. Department of Housing and Urban Development Fiscal Year 2019-20 Action Plan, authorizing the City Manager to negotiate and execute any related documents, and approving a supplemental appropriation in the amount of $143,428 for unspent Community Development Block Grant (CDBG) Coronavirus funds to support the Senior Meal Program through Open Heart Kitchen.

Material: PowerPoint Presentation

6.3 Hearing to consider resolutions adopting the Initial Study/Negative Declaration and the 2022 Climate Action Plan (2022 CAP).

Material: Public Comment Received and PowerPoint Presentation

6.4 Hearing to receive a tracking update on the Isabel Neighborhood Specific Plan (Specific Plan) progress and consider resolutions finding the environmental impacts of the Specific Plan amendments are within the scope of the 2018 and 2020 Environmental Impact Reports and amending the Specific Plan to include new and clarified policies, revised development and design standards, and text clarifications.

Material: PowerPoint Presentation
1080

6.5 THIS ITEM WAS CONTINUED FROM NOVEMBER 14, 2022. Hearing to consider amending the Livermore Development Code regarding temporary signs, including Section 4.06.140, to update regulations relating commercial and non-commercial temporary signs in all zoning districts.

Material: PowerPoint Presentation

8.0 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members
Material: Council Reports

DISCUSSION

ATTACHMENTS

1. Supplemental Materials
Prepared by: Debbie Elam
Deputy City Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
1081
1 Housing and Human Services Grant Program Priorities
Fiscal Year (FY) 2023-24
Public Hearing
November 28, 2022
Presented by Amy Walker, Human Services Management Analyst I Federal Grant Requirements
 The City is an entitlement recipient of Community Development Block Grant (CDBG) funds from the federal Department of Housing and Urban Development (HUD)
 HUD defines the process by which community needs are identified and resources are allocated
 The City is required to conduct a public hearing and solicit input from community members about pressing housing and human services needs • In September 2022, City Staff sent a survey to Social Services Providers in Livermore to solicit input regarding the current grant priorities and needs in the Community
• All responses and comments were shared with the Human Services Commission
Item 6.1
PowerPoint Presentation
1082
2 Housing & Human Services
Grant Priorities for FY 2023-24

1. Public Health
 Navigation of Mental Health Services and Substance Use Programs for low-income, unsheltered community members, and seniors
 Support Services for people with disabilities, seniors, lowincome families, and survivors of domestic violence  Medical and Dental Services

2. Housing Services
 Affordable Housing units for low-income families, people experiencing homelessness, and seniors
 Rental Assistance
 Housing Services to keep low-income families, people with disabilities, and seniors housed
Housing & Human Services
Grant Priorities for FY 2023-24

3. Homeless Services
 Emergency Shelter and Temporary/Transitional Housing
 Basic Needs such as showers/restrooms and storage
 Employment Services
 Supportive Services such as service navigation and counseling

4. Safety Net Access
 Access Critical Safety Net Services for non-English speakers, people with disabilities, seniors, low-income families, and youth  Access and Navigation to Social Services and Government Sponsored Programs
 Food security
 Transportation
Item 6.1
PowerPoint Presentation
1083
3 Recommendation
The Human Services Commission and staff recommend the City Council:
• Adopt a Resolution approving the Housing and Human Services Grant Priorities for FY 2023-24
Item 6.1
PowerPoint Presentation
1084
1 Third Substantial Amendment
to the City’s HUD Approved
Fiscal Year (FY) 2019-20 Action Plan
Public Hearing
November 28, 2022
Presented by Amy Walker, Human Services Management Analyst I Action Plan Overview
• Submittal of an Annual Action Plan
to HUD is required to receive
federal funding
 The City is an entitlement recipient
of Community Development Block
Grant (CDBG) funds from the
Federal Department of Housing
and Urban Development (HUD)
 A Substantial Amendment to an
Action Plan is required when an
activity’s purpose, scope, location,
or beneficiaries are substantially
changed
1 2
Item 6.2
PowerPoint Presentation
1085
2 Third Substantial Amendment
Provider COVID-19 Eligible Activity CDBG-CV3 Funds
Open Heart Kitchen Meals for Seniors $125,0000
• Third Round of CDBG-CV funds- $549,388
• $405,960 of the funds were spent in FY 2021-22 and it served 8,665 low-income Livermore residents
• $143,428 of CDBG-CV3 funds remain unspent
• Update the activity for CDBG-CV3 for Open Heart Kitchen/Tri Valley Haven, Food Distribution Response and Prevention to the following proposed activity:

Recommendation
Staff recommends the City Council
• Adopt a resolution approving the Third Substantial Amendment to the City of Livermore’s HUD approved FY 2019-20 Annual Action Plan • Authorize the City Manager to negotiate and execute related documents, agreements, and modifications with the U.S Department of Housing and Urban Development (HUD) and the subgrantee Open Heart Kitchen;
• Approve a supplemental appropriation in the amount of $143,428 in unspent CDBG-CV3 funds from Fund 613 for FY 2022-23.
3 4
Item 6.2
PowerPoint Presentation
1086

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Item 6.3
Public Comment Received
1087
Livermore CAP Comments
Alan Burnham
November 23, 2022
I am glad to see a well-crafted Climate Action Plan. The comments I give below might sometimes seem critical, but they address a relatively small portion of the overall plan.

I am also glad to see that the report includes getting ready to mitigate impacts as well as reaching carbon neutrality for our City. What I did not find is a clear acknowledgment that Livermore along cannot solve the global warming problem. Our emissions are a microliter in the bucket of the problem. I am not quite sure how to say it, but I think the message needs to be that we must do our part to reduce emissions as citizens of the world, but emissions from around the world will still impact us negatively even if we went to zero tomorrow.

The picture of the car exhaust on page ES-3 is misleading to the point of being dishonest, confusing smoke and steam. This is clearly a modern car, from which the emissions are water vapor and CO2. The visible plume is obviously condensed water vapor, and such emissions are not the problem. Hydrogen fuel cells also expel water. The problem is what you don’t see—the CO2. An infrared image of the CO2 plume would be more interesting as well as more accurate.

Page 6 ends

descriptor. Temperature is a major factor, but how much burns is due to a variety of factors, including built-up fuel loads from fire suppression activities in the past. The current wording sounds like you don’t know the reason but think it is mostly due to temperature.

I am concerned about the statement on page ES-3 about providing 100% renewable electricity by 2024.

Unlike other areas of the report that emphasizes carbon-free electricity, the first line here implies no carbon-free nuclear power. It has fewer lifetime carbon emissions than rooftop solar because of the energy cost of building solar, and solar energy can be considered as a way of exporting GHG to other locations, including China. And how will renewable only be accomplished without being able to stop frivolous lawsuits against the cheapest form of solar energy—industrial solar. Most of the electricity will not be generated within city limits, so will the City of Livermore get involved in opposing such lawsuits? Furthermore, we cannot effectively use a lot more solar energy until we develop more storage capacity, which is certainly acknowledged. The City could actually do something about that issue by fostering storage facilities, even if only for its own use. This is mentioned on page 74 but might warrant being in the executive summary.

On page 4, I am glad to see a more accurate accounting for the sources of GHG emissions than in the 2012 CAP, which had some significant errors.

Item 6.3
Public Comment Received
1088
On page 5, end of first paragraph should read, “adverse impacts will become more widespread and severe.” That said, shortages of drinking water are not simply due to temperature increases. There are other factors, such as population growth and past unsustainable mining of groundwater. Furthermore, there is a local mindset that we will have less precipitation in the future. That may or may not be true locally, but it oversimplifies the issue and is not true in all areas of the US, let alone the world.

On page 17, line 7, I think you mean that the area burned each year will increase by 77%. It is not a onetime conversion of unburned land to burned land.

On page 23, the use of the word “clean energy” is a political term excluding nuclear energy. It implies that there is no pollution associated with the construction of renewable energy facilities, which is delusional. Furthermore, even the California governor understood that closing current nuclear facilities will increase emissions, so it is shooting ourselves in the foot.

On page 31, there is a statement about reducing fire risk through landscaping, and page 30 discusses mitigating wildfire risk. Robertson Park may not have been in mind, but there is a lot of dead wood in that area. Even though the grass is mitigated via goats, I suspect that is not the greatest fuel load. I have been told by an expert that biochar produced by pyrolysis and used as a soil amendment is a more effective way of sequestering carbon long term than natural decay. It that is true, what facilities might be considered to pursue that method. I don’t see it considered anywhere in this document, although it appears in other strategy documents for GHG reduction.

Page 40 ends

small fraction of what it uses, even though it has the largest potential area (parking lots and northern buffer) for increasing solar production. I understand that such power would merge into the grid outside Livermore, and I understand that installing more solar is a DOE, hence congressional, decision, but it won’t happen with a lot of pushing. Livermore officials should work with Lab officials to push this installation.

Page 42 ends

study thereof) of purple pipe versus recharge as a way of recycling more water and working with Zone 7 on that issue. Another issue that should be mentioned explicitly is the use of French drains (implied by water capture?), particularly in areas that have highly permeable ground. We installed one during our remodeling 8 years ago.

On Page 57, I am again concerned about the lack of inclusion of nuclear power as a carbon-free option.

While there certainly have been careless practices in the past with nuclear materials, there have also been substantial environmental issues with production of solar facilities. It is hard to say how future sources might evolve, but I think allowing EBCE dictate how Livermore achieves carbon-free electricity is not a good idea. Perhaps the City should also partner with PG&E to achieve low-cost carbon-free electricity.

On page 60, there is a statement about the long-term cost savings of an EV. A recent report said that hybrid vehicles are more reliable than electric vehicles, and my 11-yr-old hybrid vehicle has been the most reliable vehicle of the dozen or so vehicles I’ve owned. EV’s are still on the learning curve. I suspect they will eventually become more cost effective, but it should be clear that this page addresses a long-term strategy.

Item 6.3
Public Comment Received
1089
I agree with the implication on page 62 that public transit options are abysmal and largely useless to the majority of the population. I agree that the City should be encouraging this area to improve, but I am not hopeful that it will ever be a major factor. Within the city, having some sort of advantage for small EVs (maybe not even highway worthy) might have a larger impact.

On page 70, low-carbon concrete should be mentioned explicitly. Portland cement is a major source of GHG, and Livermore needs to help the industry evolve to better production methods.

On page 75, I cannot agree more with the need to replace gasoline-powered blowers. They are annoying on so many levels, and GHG emissions are not at the top of the list.

On page 78, action I-2.5 mentions actions that preferentially benefit those impacted the most. This is contrary to current policies for roof-top solar, for example, that are designed to benefit rich people the most through tax credits. However, rich people generally generate the most GHG and are needed to drive the learning curve for new technologies. The area that has the greatest potential to achieve the desired equity is to find a way to identify those cases of high energy by low-income communities and upgrade the facilities at little to no cost to those customers.

Item 6.3
Public Comment Received
1090
1 2022 Climate Action Plan
November 28, 2022
Tricia Pontau, Senior Planner
Background
• Livermore climate change policies
• General Plan Climate Change Element – 2009
• Climate Action Plan – 2012
• Achieved 2012 CAP GHG reduction goal
• 15 percent below 2008 levels by 2020
• New State legislation
• Senate Bill 32 – 2030 target
• Executive Order B-55-18 – carbon neutrality by
2045
• City Council directed staff to update the CAP
• City Council approved contract with Rincon
Consultants in January 2020
1 2
Item 6.3
PowerPoint Presentation
1091
2 CAP Update Process
Technical Analysis
Advisory/Decision-Making Bodies
Community Engagement
Strategy & Action Evaluation
• GHG Inventory and Targets
• Vulnerability Analysis
• Climate Action Plan Advisory Committee (CAPAC)
• Community Asset Management Committee (CAMP)
• Livermore Area Youth Advisory Committee (LAYAC)
• Planning Commission
• City Council
• City Council Climate Change Subcommittee
• Project Website
• Survey
• Public Workshop
• Open House
• Focus Groups
• Presentations
• Adaptation
• Mitigation
• Municipal Operations
• Implementation &
Tracking
2022 CAP Outline
Executive Summary Chapter 1 - Introduction
Chapter 2 – Climate Change
in Livermore
Chapter 3 – Livermore’s
Climate Action Strategy
Chapter 4 –
Implementation Plan
Appendices
High-level overview of the
CAP document
• CAP purpose, goals, and process
• Climate change
• Legislative context
• Climate action progress to date
• Climate impacts in Livermore
• Livermore’s GHG emissions &
reduction targets
• Community outreach
• Adaptation
• Mitigation
• Municipal operations &
implementation
• Near-term priorities
• Tracking and reporting progress
• CAP updates
• GHG Inventory & Forecast
• Vulnerability analysis
• Costs
• Others
3 4
Item 6.3
PowerPoint Presentation
1092
3 Climate Change in Livermore
Climate Change in Livermore
GHG Inventory GHG Reduction Targets
5 6
Item 6.3
PowerPoint Presentation
1093
4 Livermore’s Climate Strategy
MITIGATION ADAPTATION address the cause address the impacts Waste
Reduction
Electric
Vehicles
Active
Transportation
Clean
Energy
Building
Weatherization
Microgrids
Soil Carbon
Farming
Tree Canopy
Cover
Stormwater
Infrastructure
Fire-safe
development
Cooling & clean
air centers
Water
Conservation
Sustainable
Land-Use
Near-term Implementation Priorities
7 8
Item 6.3
PowerPoint Presentation
1094
5 April
CAP Review and Next Steps
• October 14 – Draft CAP released for public
review
• November 1 – Planning Commission
recommended adoption
• November 16 – CAPAC recommended adoption
• TONIGHT – City Council review for adoption
• Community Launch
• Media – press release, social media, e-newsletter
• Online resource hub
• Presentations – LAYAC on December 5
• Community events
• Winter newsletter – “Planning for the Future”
April
Recommendation
Staff and the Planning Commission recommend the City Council consider the 2022 Climate Action Plan (POLI 20-001) and adopt resolutions:

1. Adopting the October 17, 2022, Initial Study/Negative Declaration (IS/ND) for the Livermore Climate Action Plan Update; and

2. Adopting the 2022 Climate Action Plan
9 10
Item 6.3
PowerPoint Presentation
1095
1 Isabel Neighborhood Specific Plan
Tracking Update (PT22-004)
Specific Plan Amendments (SPAA22-001)
City Council
November 28, 2022
Ashley Vera, Associate Planner
Isabel Neighborhood Specific Plan
Planning Area
Valley Link
Isabel Avenue
Station
1 2
Item 6.4
PowerPoint Presentation
1096
2 Isabel Neighborhood Specific Plan
Land Use Planning Area Total
Residential 4,095 housing units
Office1 1,730,500 sf
Business Park 180,390 sf
Neighborhood Commercial2 167,185 sf
General Commercial 159,700 sf
General Industrial3 (270,175 sf)
Total 1,967,600 sf
Jobs 9,200 jobs

1. Includes existing Lam Research property

2. Includes Ground Floor Retail/Flex Space

3. As build out of the Planning Area occurs, General Industrial uses will be replaced with Office, Business Park, Neighborhood Commercial, and General Commercial uses.

Tracking Update
P-IMP-5: The City shall review the progress of the Specific Plan every two years, starting from the date of its adoption.

This review shall include an evaluation of the public
infrastructure to ensure continued public health and safety. 3 4
Item 6.4
PowerPoint Presentation
1097
3 Tracking Update Approved
Proposed
Note: Subareas 3b and 3c are being processed under one application.

Tracking Update
Land Use Approved Proposed Combined Total
Residential1 411 units 1,999 units 2,410 units
Affordable
residential 82 units 469 units 551 units
Nonresidential 56,000 sf 206,000 sf 262,000 sf

1. Includes affordable residential units
5 6
Item 6.4
PowerPoint Presentation
1098
4 Public Infrastructure
New infrastructure consists of:
• 27,000 lineal feet of public streets
• Utility connections in the public right-of-way
• Approximately five linear miles of multi-use trails
• Three neighborhood parks totaling six and a half acres Upgrades to existing infrastructure consist of:
• Water, sanitary sewer, and storm drain systems
• Major streets - signals, crosswalks, bike lanes, striping, signage, and landscaping
No changes to:
• Other citywide utility and service systems (e.g. water distribution or wastewater treatment)
Public Infrastructure
• Developers responsible for the direct costs of building new streets, utility connections, and frontage improvements at the time of construction
• Most of the maintenance costs for the new public
infrastructure (public streets, parks, and plazas) will be funded by new development
• Major arterial roadway maintenance will be funded by gas taxes, countywide sales taxes
• Sewer and water infrastructure maintenance will be funded by user fees
• Maintenance Community Facilities District in progress to fund the remaining infrastructure maintenance costs,
including capital replacement
7 8
Item 6.4
PowerPoint Presentation
1099
5 Public Infrastructure
• Hydraulic sewer analysis prepared in 2017
recommended additional gravity main improvements for
the Isabel Neighborhood
• Further analysis in 2021 determined that additional
gravity main improvements are no longer required for the Isabel Neighborhood
Proposed Amendments
• Chapter 2 - Land Use
• Chapter 3 - Transportation
• Chapter 4 - Parks, Public Services, and Infrastructure • Chapter 5 - Urban Design
• Chapter 7 - Implementation and Financing Strategies
9 10
Item 6.4
PowerPoint Presentation
1100
6 Proposed Amendments
Land Use:
• Figure revisions to align with existing language in the Specific Plan; • Clarifications to existing footnote references and inclusionary housing policy;
• Clarifications to the application of height limits;
• Modified residential setback standards; and
• A new policy defining residential product types
Transportation:
• New language describing the Class IV bike lane along Portola Avenue between Collier Canyon Road and Isabel Avenue;
• New and modified residential bicycle parking standards; and • Text revisions to align with existing language in the Specific Plan Proposed Amendments
Parks, Public Services, and Infrastructure:
• Revisions to an existing policy and addition of a new policy related to natural gas prohibition
Urban Design:
• Clarifications to existing design standards related to building orientation and pedestrian access
• New design standards related to architecture, building orientation, parking, landscaping and retaining walls
Implementation and Financing Strategies:
• Removal of existing Transferable Development Credit program policies • Introduction of a new policy to clarify application of the Transferable Development Credit program in the Isabel Neighborhood
11 12
Item 6.4
PowerPoint Presentation
1101
7 Recommendation
The Planning Commission and staff recommend the City
Council receive a tracking update on the Isabel
Neighborhood Specific Plan progress and consider Specific Plan amendments and adopt resolutions:

1. Finding the Environmental Impacts of the Isabel
Neighborhood Specific Plan amendments are within the
scope of the 2018 Environmental Impact Report and 2020
Supplemental Environmental Impact Report for the Isabel Neighborhood Specific Plan; and

2. Approving Specific Plan Amendment (SPPA) 22-001.
13 Item 6.4
PowerPoint Presentation
1102
1 Discussion and direction regarding Livermore
Development Code Chapter 4.06
Sign Standards for Temporary Signs
City Council
November 28, 2022
Presented by Steve Stewart, Planning Manager
Planning Commission Recommended Regulations
• Restrict the placement of temporary signs in the right-of-way to daylight hours between 9:00 a.m. and 5:00 p.m. Signs could only be placed after 9:00 a.m. and would need to be removed before 5:00 p.m. each day. • Signs must relate to an event scheduled for a specific date and shall not be displayed sooner than 30 days before that event. Signs must be removed within five days following the associated event. 1 2
Item 6.5
PowerPoint Presentation
1103
2 Current Regulations
Noncommercial temporary signs are permitted in the designated public right-of-way, but not in the street, street median, or sidewalk, in commercial and industrial zones, other than the DSP, subject to the following:
• The signs must relate to an event scheduled for a specific date and shall not be displayed sooner than 60 days before that event; • Signs must be stake signs with a maximum size of four-square feet; • No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
• Corner properties may have two of the same signs at the corner; and • Signs shall be removed within five days after the event to which they pertain.
• In the Downtown Specific Plan area only, commercial and noncommercial temporary signs would not be permitted in the designated public right-of-way with the exception of A-frame signs.

Recommendation
Waive the first reading and introduce an ordinance approving Development Code Amendment 22-003, Temporary Signs adding the following provisions:
• Restrict the placement of temporary signs in the right-of-way to daylight hours between 9:00 a.m. and 5:00 p.m. Signs could only be placed after 9:00 a.m. and would need to be removed before 5:00 p.m. each day. • The signs must relate to an event scheduled for a specific date and shall not displayed sooner than 60 days before that event. For events like an election, the event date for the purpose of the ordinance is the specific election date and not the start of the voting period for the run-up to the election, and for multi-day events like a county fair the event date is the first day the event is open to the public.
• Signs place in violation of this section shall be subject to confiscation and removal.
• Delay enforcement for either ordinance until July 1, 2023, to allow staff to research and develop any additional amendments directed by the City Council.
3 4
Item 6.5
PowerPoint Presentation
1104
3 Recommendation - Mayor Alternative
Waive the first reading and introduce an ordinance approving Development Code Amendment 22-003, Temporary Signs adding the following provisions:
• Prohibit the placement of all temporary signs in the public right-of-way in commercial, industrial, and residential zoning districts. • Delay enforcement for either ordinance until July 1, 2023, to allow staff to research and develop any additional amendments directed by the City Council.
5 Item 6.5
PowerPoint Presentation
1105
Council Member
Committee
Meeting Date Committee Agenda Link Meeting Type
Mayor Woerner 11/17/2022 Fire JPA Board Board Meeting
Mayor Woerner 11/28/2022
East Bay Regional Communications System Authority http://www.ebrcsa.org/meetings.pag e Board Meeting
Item 8.0
Council Reports
1106
Council Member
Committee
Meeting Date Committee Agenda Link Meeting Type Committee Report: Summary Vice Mayor Bonanno 11/15/2022 Livermore Downtown Inc Board Meeting Vice Mayor Bonanno 11/16/2022 Discussion on low carbon concrete with CNCA With CM Carling and staff met with CaliforniaNevada Cement Association (CNCA) representatives about low carbon concrete
options for construction
Vice Mayor Bonanno
Livermore Amador Valley Water Management AgencyJoint Powers Authority Board Vice Mayor Bonanno 11/28/2022 Livermore‐Amador Valley Transit Authority Projects and Services Committee Item 8.0
Council Reports
1107
Council Member
Committee
Meeting Date Committee Agenda Link Meeting Type
Council Member Carling 11/16/2022 Stop Waste board meeting Council Member Carling 11/16/2022
Livermore Amador Valley Water Management AgencyJoint Powers Authority board meeting Council Member Carling 11/18/2022 Altamont Open Space Committee board meeting Item 8.0
Council Reports
1108
Council Member
Committee
Meeting Date Committee Agenda Link Meeting Type
Council Member Munro 11/15/2022 Groundbreaking Ceremony Horticulture Building Ribbon‐CuttingCeremony and the ViticultureBuilding, Las Positas Council Member Munro 11/16/2022
East Bay Community Choice Energy Joint Powers
Authority
https://ebce.org/meetings/board‐of‐
directors‐meeting‐11‐16‐22/ Board of Directors' Meeting Item 8.0
Council Reports
1109
CITY COUNCIL STAFF REPORT ITEM NO. 10.2
DATE: November 28, 2022
TO: Honorable Mayor and City Council
FROM: Marianna Marysheva, City Manager
SUBJECT: Supplemental materials received at the meeting.

RECOMMENDED ACTION

SUMMARY

DISCUSSION

ATTACHMENTS

1. Item Received at the Meeting
Prepared by: Debbie Elam
Deputy City Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
1110

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Public Comment Received
1111

Livermore City CouncilNovember 28, 2022

Livermore City Council
November 28, 2022