EXHIBIT A
205
Alameda County
November 8 2022 General Election
1 Member, City Council, Dist. 1 - Livermore
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502500 Election Day 4785 272 5.68% 120 108
502500 Vote by Mail 4785 2159 45.12 % 1155 707 1
502500 Total 4785 2431 50.80 % 1275 815 1
502740 Election Day 3053 137 4.49% 48 71
502740 Vote by Mail 3053 1539 50.41 % 798 519
502740 Total 3053 1676 54.90 % 846 590
502900 Election Day 4778 278 5.82 % 118 119
502900 Vote by Mail 4778 2582 54.04 % 1285 913 2
502900 Total 4778 2860 59.86 % 1403 1032 2
Total - Election Day 12616 687 5.45 % 286 298
Total - Vote by Mail 12616 6280 49.78 % 3238 2139 3
Contest Total 12616 6967 55.22 % 3524 2437 3
Printed: Wednesday, December 7, 2022 4:02 PM
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Statement of Votes Cast (Certified Final Results)
November 8, 2022
EXHIBIT A
206
Alameda County
November 8 2022 General Election
1 Member, City Council, Dist. 2 - Livermore
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500110 Election Day 5726 320 5.59% 164 115
500110 Vote by Mail 5726 2968 51.83% 1473 1170
500110 Total 5726 3288 57.42 % 1637 1285
500200 Election Day 4128 285 6.90% 144 105
500200 Vote by Mail 4128 1943 47.07 % 920 764 1
500200 Total 4128 2228 53.97 % 1064 869 1
502300 Election Day 3671 163 4.44 % 88 56
502300 Vote by Mail 3671 2091 56.96 % 993 873
502300 Total 3671 2254 61.40% 1081 929
Total - Election Day 13525 768 5.68 % 396 276
Total - Vote by Mail 13525 7002 51.77 % 3386 2807 1
Contest Total 13525 7770 57.45 % 3782 3083 1
Printed : Wednesday, December 7, 2022 4:02 PM
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Statement of Votes Cast (Certified Final Results)
November 8, 2022
EXHIBIT A
207
Alameda County
November 8 2022 General Election
1 Measure P - City of Livermore
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500110 Election Day 5726 320 5.59% 132
500110 Vote by Mail 5726 2969 51 .85 % 1754
500110 Total 5726 3289 57.44 % 1886
500200 Election Day 4128 285 6.90% 120
500200 Vote by Mail 4128 1946 47.14 % 1208
500200 Total 4128 2231 54.05 % 1328
500300 Election Day 4456 222 4.98 % 115
500300 Vote by Mail 4456 2542 57.05 % 1670
500300 Total 4456 2764 62.03 % 1785
500350 Election Day 3459 202 5.84% 87
500350 Vote by Mail 3459 2108 60.94 % 1315
500350 Total 3459 2310 66.78 % 1402
500800 Election Day 4702 282 6.00% 138
500800 Vote by Mail 4702 2574 54.74 % 1650
500800 Total 4702 2856 60.74 % 1788
501410 Election Day 1605 121 7.54 % 52
501410 Vote by Mail 1605 874 54.45% 502
501410 Total 1605 995 61.99 % 554
501420 Election Day 2251 167 7.42% 81
501420 Vote by Mail 2251 1396 62.02 % 952
501420 Total 2251 1563 69.44 % 1033
501610 Election Day 5462 277 5.07% 140
501610 Vote by Mail 5462 3468 63.49 % 2247
501610 Total 5462 3745 68.56 % 2387
501900 Election Day 60 3 5.00% 2
501900 Vote by Mail 60 26 43.33 % 21
501900 Total 60 29 48.33 % 23
501910 Election Day 4303 228 5.30% 111
501910 Vote by Mail 4303 2462 57.22 % 1508
501910 Total 4303 2690 62.51 % 1619
502020 Election Day 3830 217 5.67% 99
502020 Vote by Mail 3830 2489 64.99 % 1534
502020 Total 3830 2706 70.65 % 1633
502300 Election Day 3671 163 4.44% 78
502300 Vote by Mail 3671 2091 56.96% 1418
502300 Total 3671 2254 61.40% 1496
502500 Election Day 4785 272 5.68% 131
502500 Vote by Mail 4785 2160 45.14 % 1359
502500 Total 4785 2432 50.83 % 1490
502740 Election Day 3053 137 4.49 % 63
502740 Vote by Mail 3053 1544 50.57 % 981
502740 Total 3053 1681 55.06 % 1044
502900 Election Day 4778 278 5.82% 119
502900 Vote by Mail 4778 2584 54.08 % 1511
502900 Total 4778 2862 59.90% 1630
Total - Election Day 56269 3174 5.64% 1468
Total - Vote by Mail 56269 31233 55.51 % 19630
Contest Total 56269 34407 61.15% 21098
Printed: Wednesday, December 7, 2022 4:02 PM
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Statement of Votes Cast (Certified Final Results)
November 8, 2022
EXHIBIT A
208
ORDINANCE NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE AFTER THE NOVEMBER 8, 2022 GENERAL MUNICIPAL
ELECTION ADOPTING THE ORDINANCE APPROVED BY THE VOTERS AS
MEASURE P AMENDING THE SOUTH LIVERMORE URBAN GROWTH BOUNDARY POLICIES IN THE CITY OF LIVERMORE’S GENERAL PLAN TO ALLOW THE CITY
TO EXTEND SEWER SERVICE TO PERMITTED USES WITHIN THE SOUTH
LIVERMORE VALLEY AREA PLAN PLANNING AREA
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:
Section 1. Declaration of Election. A general municipal election was conducted in the City of Livermore on Tuesday, November 8, 2022, as required by law. The ballot for that election included Measure P for an Amendment to the City of Livermore’s South Livermore Urban Growth Boundary Policies to Allow the City to Extend Sewer Services to Properties Outside the South Livermore Urban Growth Boundary for Uses Permitted by Alameda County’s South Livermore Valley Area Plan. At a regularly scheduled City Council meeting o n December 12, 2022, the City Council adopted Resolution No. ________ accepting the canvass of the returns for that election from the City Clerk and declaring that Measure P was passed by the voters.
Section 2. Amendment. Pursuant to California Elections Code section 9217, Measure P attached hereto as Exhibit A was approved by the Livermore voters at the November 8, 2022 General Municipal Election as declared by the City Council , and it is hereby adopted by the City Council.
Section 3. Environmental. The City Council of the City of Livermore completed its environmental review for t his ordinance and the measure on July 11, 2022, when it adopted Resolution No. 2022-124 certifying the Final Supplemental Environmental Impact Report for the South Livermore Sewer Expansion Project and Measure P, and Resolution No. 2022-125 whereby it approved the placement of Measure P on the ballot for the November 8, 2022, election.
Section 4. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.
Section 5. Publication. This ordinance shall be published once in a newspaper of general circulation of the city of Livermore within fifteen days after its adoption.
Section 6. Effective date. Pursuant to California Elections Code section 9217, this ordinance shall take effect 10 days after its adoption.
EXHIBIT B
209
ORDINANCE NO. ________
The ordinance was adopted at the regular meeting of the City Council held on December 12, 2022, 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:
___________________________ /s/ Jason R. Alcala
Marie Weber Jason R. Alcala
City Clerk City Attorney
Exhibit A – Full Text of Measure - Measure P
EXHIBIT B
210
Measure Exhibit A
Full Text of Measure
Measure
P
AN ORDINANCE
OF THE CITY AMENDING THE SOUTH LIVERMORE URBAN GROWTH
BOUNDARY POLICIES IN THE CITY OF LIVERMORE’S GENERAL PLAN TO ALLOW THE
CITY TO EXTEND SEWER SERVICE TO PERMITTED USES WITHIN THE SOUTH LIVERMORE VALLEY AREA PLAN PLANNING AREA.
The people of
the City of Livermore, California do ordain as follows:
Section 1. Purpose and Findings.
The purpose of t
his initiative is to protect water quality and agriculture by updating the South Livermore Urban Growth Boundary (South Livermore UGB) policies to allow full implementation of the South Livermore Valley Area Plan. If this initiative measure is adopted by the Livermore voters, the South Livermore UGB policies would be amended to allow the City to extend sewer service beyond the South Livermore UGB to a limited portion of the South Livermore Valley, including properties fronting portions of South Livermore Avenue, Buena Vista Avenue, Tesla Road and Greenville Road in order to protect water quality, support agriculture, and enable connection of compatible uses, consistent with the provisions of Measure D.
This initiative would not change the boundaries for the South Livermore UGB or make any changes to the South Livermore Valley Area Plan or the Alameda County Measure D approved by county voters in 2000.
A. Findings:
The people of the City of Livermore find that this initiative promotes and protects the health, safety, welfare, and quality of life of City residents, based upon the following:
1. The South Livermore Valley Area Plan (Area Plan) was adopted by Alameda County Board of Supervisors in 1993 to ensure the survival and enhancement of the century-old Livermore wine region. The Area Plan protects and expands agriculture and restricts commercial and residential development adjacent to Livermore while promoting uses that enhance the recognition and image of the area as an important premium wine and agricultural region.
2. To build upon and advance the goals of the Area Plan, Livermore voters approved the South Livermore UGB in 2000. The boundaries for the South Livermore UGB as adopted by the voters is in the City of Livermore General Plan as Figure 3-6, a copy of that figure is attached as Attachment 1.
3. The South Livermore UGB was intended to protect and enhance agriculture and open space in the South Livermore Valley. It has created a thriving agricultural economy in the region by supporting the goals of
EXHIBIT B
211
the Area Plan, providing regulatory stability, and removing speculative acquisition of farmland by urban developers.
4. When the South Livermore UGB was adopted and later reaffirmed by the voters, it was anticipated that the unincorporated area outside the South Livermore UGB would be developed to its full potential without the use of a sewer system operated by a governmental agency such as the City of Livermore.
5. In the last two decades the groundwater basins throughout the State of California have experienced a steady decline in water quality. Regulatory agencies are working toward protecting our groundwater in an effort to safeguard this important resource. Many of these actions place undue hardships on property owners located outside the South Livermore UGB; and some properties are unable to operate effectively or realize development potential as contemplated by the Area Plan, Alameda County Measure D, and the South Livermore UGB.
6. Measures taken today to improve our groundwater quality in the future will help improve public health, agriculture, and quality of life in Livermore and the surrounding region.
7. This initiative promotes the Area Plan’s purpose of expanding and enhancing cultivated agriculture by facilitating the types of development envisioned in the Area Plan and ensures that conservation easements will be held by land trusts accredited by national organizations (such as the Tri-Valley Conservancy accredited by the Land Trust Alliance). This initiative limits sewer service extensions to land uses that are consistent with the Area Plan, as it exists now or is amended in the future, and in conformance with Alameda County Measure D.
8. This initiative retains the South Livermore UGB location shown in Attachment 1 while amending the South Livermore UGB policies in the General Plan concerning extension of sewer services to allow the City to provide sewer services to uses contemplated by the Area Plan, as it exists now or is amended in the future, and in conformance with Alameda County Measure D.
9. The amendments will ensure that South Livermore UGB policies remain relevant and appropriate in light of a changing environment. This will improve the region’s capacity to improve water quality and provide ongoing support for agricultural protection.
Section 2. Genera
l Plan Amendments.
This initiative hereby amends the City of Livermore General Plan (“General Plan”) Goal LU-18 and the associated Objective (LU-18-1) and Policies (P1-P7). Text to be inserted in the General Plan is indicated in bold double underlined type (example). Deletions are shown in strikeout font (example). Text in standard type appears in the General Plan as of the submittal date and is not changed by this Initiative. The amendments are as follows:
EXHIBIT B
212
Goal LU-18 It is the goal of the City to establish a coherent and logical pattern of urban uses that protects and enhances open space and agricultural uses by providing a clear and permanent boundary for urban uses within the City's planning area. The provisions of GOAL LU-18, as readopted by the South Livermore Urban Growth Boundary Initiative and amended by this initiative, shall be amended only by a vote of the people.
Objective LU-18.1 Maintain a permanent Urban Growth Boundary (UGB) on the City’s southern edge (as indicated Figure LU 3-6 and the City’s Land Use Map) beyond which urban development shall not be permitted. Non-urban uses, such as agriculture, parks, and open space may be permitted within and beyond the South Livermore UGB. (Relevant provisions of that the South Livermore Urban Growth Boundary Initiative are found in Appendix 3 of Appendix A B of the General Plan.)
Policies
P1 For t
he purposes of this section, “urban uses” and “urban development” include any use that is not permitted on lands with a general plan land use designation of Limited Agriculture; General Agriculture; Viticulture; Agriculture/Viticulture; Parks, Trailway and Recreation, Corridor, and Protected Areas; or Range and Grassland as those uses existed on December 6, 1999. (South Livermore Urban Growth Boundary Initiative, 3-7- 2000).
P2 For t
he purposes of this section, “urban services” refer to sewer and water service.
P3 For the purposes of this section, “South Livermore Valley Area Plan” refers to the South Livermore Valley Area Plan adopted on February 23, 1993 by the Alameda County Board of Supervisors, as it exists now or may be amended in the future.
P34 For the purposes of this section, “South Livermore Valley Specific Plan” refers to the South Livermore Valley Specific Plan adopted on November 17, 1997 by the Livermore City Council, as it exists now or may be amended in the future.
P5 Permit only non-urban uses beyond the South Livermore UGB within the City's municipal boundary. Beyond the City’s municipal boundary discourage and oppose any urban uses that do not directly contribute to the conservation of agriculture and the goals of the South Livermore Valley Area Plan and South Livermore Valley Specific Plan.
P46 Extend urban services only to areas within the UGB, except that the City may provide:
(i) sew
age treatment and disposal services to the Veterans Administration Hospital for hospital uses;
(ii) urban s
ervices for residences on parcels outside of the South Livermore UGB which par
cels were existing as of October 27, 1997, provided the property receiving such services shall record a binding agreement between the property owner and the City disallowing further division of the property and any provision of urban services to non-residential uses upon the property;
EXHIBIT B
213
(iii) sewage treatment and disposal services for residences on parcels outside of the South Livermore UGB provided the property receiving such services shall record a binding agreement between the property owner and the City disallowing further division of the property and any provision of urban services to non-residential uses upon the property, and subject to the following:
(a) The property receiving the services is designated under the Livermore General Plan, South Livermore Valley Area Plan, or South Livermore Valley Specific Plan for residential uses, and in conformance with Alameda County Measure D; or
(b) The property receiving the services was also a residential use on the date of this initiative.
(iii iv) urban services for commercial uses on parcels outside of the South Livermore UGB, which parcels were existing as of October 27, 1997, subject to the following:
(a) the subject property is designated under the South Livermore Valley Area Plan or South Livermore Valley Specific Plan for agricultural uses, with associated allowable commercial uses;
(b) the service(s) will be utilized for allowable commercial uses consistent with the provisions of the South Livermore Valley Specific Plan, or South Livermore Valley Area Plan as they exist now or are amended in the future, in conformance with Alameda County Measure D; (c) the s
ubject property is located adjacent to the Livermore municipal boundaries as of the date of the adoption of the SLVSP and, is located adjacent to the Urban Growth Boundary;
(d) i
f required by City or LAFCO policy, the property will annex to the City; (e) the service(s) can be provided to the subject property without any potential growth inducing impacts associated with potential provision of urban services to areas not otherwise allowed to receive such services under the South Livermore Valley Specific Plan or South Livermore Valley Area Plan; and
(f) before receiving such service(s), the property owner will record a conser
vation easement over the subject property with a land trust accredited by a national land trust accreditation organization in a form acceptable to the City and subject to an endowment requirement or other financial assurance in an amount that is reasonable and customary for the type of easement used to satisfy this requirement.
The conservation easement restricts use of the subject property to agricultural and open space uses, except as to within a delineated commercial use area, not to exceed 10% of the property within which
EXHIBIT B
214
allowable commercial uses and intensity of such uses shall be delineated permitted and described in the conservation easement. The conservation easement shall require all visitor-serving commercial buildings to be located within the delineated commercial use area on a contiguous development envelope not to exceed 2 acres, unless subject to a clustering plan under Measure D Program 34 (Clustering), as written when this initiative goes into effect. The City may only extend such services to permitted commercial uses described in the South Livermore Valley Specific Plan, or the permitted commercial uses described in the South Livermore Valley Area Plan and in conformance with Alameda County Measure D as applicable;
(v) sewage treatment and disposal services for commercial uses on parcels outside of the South Livermore UGB, subject to the following:
(a) the subject property is designated under the South Livermore Valley Area Plan or South Livermore Valley Specific Plan for agricultural uses, with associated allowable commercial uses;
(b) the service(s) will be utilized for allowable commercial uses consistent with the provisions of the South Livermore Valley Specific Plan, or South Livermore Valley Area Plan as they exist now or are amended in the future, in conformance with Alameda County Measure D;
(c) if required by City or LAFCO policy, the property will annex to the City;
(d) the service(s) can be provided to the subject property without any potential growth inducing impacts associated with potential provision of urban services to areas not otherwise allowed to receive such services under the South Livermore Valley Specific Plan or South Livermore Valley Area Plan;
(e) Alameda County has not permitted more than 180,000 square feet of commercial use within the area covered by the South Livermore Valley Area Plan, including commercial use existing as of the submittal date. If Alameda County permits 180,000 square feet or more of commercial use, then existing sewage treatment and disposal service may continue, but no new sewage treatment and disposal service shall be permitted pursuant to this subsection (v); and
(f) before receiving such service(s), the property owner will record a conservation easement over the subject property with a land trust accredited by a national land trust accreditation organization in a form acceptable to the City and subject to an endowment requirement or other financial assurance in an amount that is reasonable and customary for the type of easement used to satisfy
EXHIBIT B
215
this requirement. The conservation easement restricts use of the subject property to agricultural and open space uses, except within a delineated commercial use area, not to exceed 10% of the property within which allowable commercial uses and intensity of such uses shall be delineated permitted and described in the conservation easement. The conservation easement shall require all visitor-serving commercial buildings to be located within the delineated commercial use area on a contiguous development envelope not to exceed 2 acres, unless subject to a clustering plan under Measure D Program 34 (Clustering), as written when this initiative goes into effect. The City may only extend such services to permitted commercial uses described in the South Livermore Valley Specific Plan, or the permitted commercial uses described in the South Livermore Valley Area Plan and in conformance with Alameda County Measure D as applicable;
(ivi) for sewer service in unincorporated areas, the connections (residential and commercial) pursuant to any of the subsections above shall allow no more wastewater flow than the equivalent of ten residential units as required by the LAVWMA Joint Powers Agreement. This requirement shall apply cumulatively to all contiguous uses within the unincorporated geographic area. Larger scale sewer service to unincorporated areas requires the unanimous approval of the LAVWMA Board of Directors. If areas are annexed, this restriction will not apply.
P57 Encourage compatible uses immediately inside the South Livermore UGB, as necessary to prevent potential land use conflicts with outlying non-urban uses.
P68 The South Livermore UGB is indicated by a solid line in Figure 3-6 and the City's land use map.
P79 The foregoing provi sions of Objective LU 18.1 and Figure 3-6, as readopted by the South Livermore Urban Growth Boundary Initiative and amended by this initiative , shall be amended only by a vote of the people or otherwise in accordance with Section
3.D. of the South Livermore Urban Growth Boundary Initiative.
Section 3. Adoption, Eff
ective Date, and Implementation.
B. Adoption and Effective Date. This ordinance shall be adopted by the City Council for the City of Livermore if approved by a majority of qualified electors at the city’s general municipal election held on November 8, 2022, and pursuant to California Elections Code section 9217 shall be effective ten (10) days following the date upon which the Livermore City Council declares by resolution the results from that election. Upon the effective date of this initiative, (1) the provisions of Section 2 of the initiative are hereby inserted into the City of Livermore General Plan, as an amendment thereof; except that if the four amendments of the mandatory elements of the General Plan permitted by State law for any given calendar year have already been utilized in the year in which the initiative becomes effective, this General Plan amendment shall be the first amendment inserted into the City of Livermore General Plan on January 1 of the next year.
Upon the effective date of this initiative, any provisions of the City Code or of any
EXHIBIT B
216
other City of Livermore ordinance or resolution that are inconsistent with the General Plan amendments adopted by this Initiative shall not be enforced in a manner inconsistent with this Initiative.
C. Amendments. This initiative may be amended or repealed only by the qualified voters of the City of Livermore at a City election.
D. Interim Amendments. The date that the notice of intention to circulate this initiative was submitted to the elections official of the City of Livermore is referred to in this initiative as the “submittal date.” The City of Livermore General Plan in effect on the submittal date as amended by this initiative comprises an integrated, internally consistent, and compatible statement of policies for the City of Livermore. In order to ensure that nothing in this initiative would prevent the General Plan from being an integrated, internally consistent, and compatible statement of the policies of the City of Livermore, as required by State law, and to ensure that the actions of the voters in enacting this Initiative are given effect, any amendment or update to the General Plan that is adopted between the submittal date and the date that the General Plan is amended by this initiative measure shall, to the extent that such interim-enacted provision is inconsistent with the General Plan provisions adopted by this initiative, be amended as soon as possible to ensure consistency between the provisions adopted by this initiative and other provisions of the General Plan. Likewise, any amendment to the City Code that is adopted between the submittal date and the date that the City Code is amended by this initiative shall, to the extent that such interim- enacted provision is inconsistent with the City Code provisions adopted by this initiative, be amended as soon as possible to ensure consistency between the provisions adopted by this Initiative and other provisions of the City Code.
E. Conforming Amendments: The
text of the City of Livermore General Plan that
refers to the “South Livermore Urban Growth Boundary Initiative, passed by local voters in March 2000,” on pages 3-8, 3-52, 3-53, and 3-69, is hereby updated to add after each occurrence of those words, “and amended by this initiative, passed by the local voters in November 2022,” with the name for this initiative in the ballot for the November 8, 2022 election inserted in place of this initiative in that sentence, as well as the areas of the Livermore General Plan amended by this initiative where the words “this initiative” are used.
F. Other City Ordinances and Policies: The City of Livermore is hereby authorized and directed to amend the City of Livermore General Plan, all specific plans, the City Code, including the Zoning Code and other ordinances and polices affected by this initiative as soon as possible as necessary to ensure consistency between the provisions adopted in this Initiative and other sections of the General Plan, all specific plans, and other City ordinances and policies.
G. Reorganization: The General Plan may be reorganized or readopted in different format, and individual provisions may be renumbered or reordered, in the course of ongoing updates of the General Plan, provided that the provisions adopted by section II of this initiative shall remain in the General Plan unless earlier repealed or amended by vote of the people of the City of Livermore.
EXHIBIT B
217
H. Implementing Ordinances: The City Council is authorized to adopt implementing ordinances, guidelines, rules, and regulations, as necessary, to further the purposes of this initiative.
I. Enforcement and Defense of Initiative: The City Council shall take all steps reasonably necessary to enforce this initiative and to defend it against any challenge to its validity.
J. Project Approvals: Upon the effective date of this initiative, the City of Livermore and its departments, boards, commissions, officers and employees, shall not grant, or by inaction allow to be approved by operation of law, any general plan amendment, rezoning, specific plan, subdivision map, use permit, amended use permit, building permit, or any other entitlement, that is inconsistent with this Initiative.
Section 4. Severabi
lity and Interpretation.
This initiative shall be interpreted so as to be consistent with all applicable Federal, State, and City laws, rules, and regulations. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this initiative. The voters hereby declare that this initiative, and each section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this initiative is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of this initiative that can be given effect without the invalid application. This initiative shall be broadly construed in order to achieve its purpose. Any singular term shall include the plural and any plural term shall include the singular. The title and captions of the various sections in this Initiative are for convenience and organization only, and are not intended to be referred to in construing the provisions of this initiative.
Section 4. Exempt
ions for Certain Projects.
K. This initiative shall not apply to (1) any project that has obtained as of the effective date of the Initiative a vested right pursuant to state or local law or (2) any land that, under state or federal law, is beyond the power of the local voters to affect by the initiative power reserved to the people via the California Constitution.
L. In the event a property owner contends that application of this initiative effects an unconstitutional taking of property, the property owner may request, and the City Council may grant, an exception to application of any provision of this initiative if the City Council finds, based on substantial evidence, that both (1) the application of any aspect of this initiative would constitute an unconstitutional taking of property, and (2) the exception will allow additional or continued land uses only to the minimum extent necessary to avoid such a taking.
Attachments
EXHIBIT B
218
Attachment 1 – Diagram showing the location of the South Livermore Urban Growth Boundary (UGB) as approved by the voters. The UGB boundaries are not changed by this initiative. This diagram is provided for informational purposes only.
EXHIBIT B
219
Attachment 1
This diagram shows the location of the South Livermore Urban Growth Boundary (UGB) as approved by the voters on [date] and depicted in the City of Livermore General Plan as Figure 3-6. The UGB location is not changed by this initiative. This diagram is provided for informational purposes only .
EXHIBIT B
220
CITY COUNCIL STAFF REPORT
ITEM NO. 13.1
DATE:
December 12, 2022
TO:
Honorable Mayor and City Council
FROM:
Marianna Marysheva, City Manager
SUBJECT:
Appointment of Vice Mayor for the period of 2022-2023.
RECOMMENDED ACTION
Staff recommends the City Council appoint a Vice Mayor for the period of 2022-2023.
SUMMARY
The City Council has the statutory power to appoint a Council Member as mayor pro tempore, which is the position titled Vice Mayor in Livermore. Staff recommends the City Council appoint a Vice Mayor for the period of 2022-2023.
DISCUSSION
Historically the Mayor has appointed a Council Member to serve as Vice Mayor. However, at the November 14, 2022 Regular City Council Meeting, updates to the Rules of Procedure were approved and the City Council will now deliberate and vote on the selection of a Vice Mayor. In the absence of the Mayor, the Vice Mayor assumes the Mayor’s duties and responsibilities for conducting City Council meetings.
In even-numbered years, the Vice Mayor is selected at the City Council meeting where election results are certified. In odd-numbered years, the Vice Mayor is selected in December.
Listed below are the Vice Mayor appointments for the last four years:
2021-2022 Regina Bonanno
2020-2021 Trish Munro
2019-2020 Bob Woerner
2018-2019 Robert Carling
FISCAL AND ADMINISTRATIVE IMPACTS
221
None.
ATTACHMENTS
Prepared by: Marie Weber
City Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
222
CITY COUNCIL STAFF REPORT
ITEM NO. 13.2
DATE:
December 12, 2022
TO:
Honorable Mayor and City Council
FROM:
Marianna Marysheva, City Manager
SUBJECT:
Council Members Appointments to Intergovernmental Agencies.
RECOMMENDED ACTION
Staff recommends the Mayor appoint Council Members to Intergovernmental Agencies, with the City Council's approval.
SUMMARY
Each year the Mayor appoints Council Members to serve on the various regional boards, commissions, and committees that require City Council representatives. Staff recommends the Mayor appoint Council Members to Intergovernmental Agencies, with the City Council's approval.
DISCUSSION
Each year the Mayor appoints Council Members to serve on the various regional boards, commissions, and committees that require City Council representatives. The City Council's recent amendments to its Meeting Rules of Procedure incorporate the statutory requirement that the City Council approve the Mayor's appointments. The attached roster shows existing appointments to intergovernmental agencies.
FISCAL AND ADMINISTRATIVE IMPACTS
No material fiscal or administrative impact results from appointing Council Members to serve on various regional boards, commissions or committees.
ATTACHMENTS
1. Intergovernmental Agency Roster
Prepared by: Marie Weber
City Clerk
223
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
224
CITY COUNCIL MEMBER APPOINTMENTS TO
INTERGOVERNMENTAL AGENCIES/CITY BODIES
APPOINTMENTS MADE BY MAYOR
UPDATED: MARCH 2022
ALAMEDA COUNTY TRANSPORTATION COMMISSION (ACTC)³
Regina Bonanno – Delegate (3/4/22)
Bob Woerner – Alternate
ACTC - PARATRANSIT ADVISORY AND PLANNING COMMITTEE (PAPCO) Brittni Kiick – Delegate (1/26/21)
ALTAMONT LANDFILL COMMUNITY MONITOR COMMITTEE
Robert Carling – Member (12/12/16)
ALTAMONT LANDFILL OPEN SPACE ACCOUNT ADVISORY COMMITTEE Robert Carling – Member
ALTAMONT REGIONAL TRAFFIC AUTHORITY
Bob Woerner, Delegate
TBD, Alternate
ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) GENERAL ASSEMBLY4 Trish Munro – Delegate (12/10/18)
Brittni Kiick – Alternate
CHAMBER OF COMMERCE LIAISON
Bob Woerner – Delegate
EAST BAY COMMUNITY CHOICE ENERGY JOINT POWERS AUTHORITY (EBCE JPA)³ Trish Munro – Delegate (9/17/21)
Regina Bonanno – Alternate (1/26/21)
GOVERNMENT OF LIVERMORE FINANCING AUTHORITY (GOLFA)³ *
Bob Woerner – Mayor
Scott Lanphier – Public Works Director
*Only Mayor and Public Works Director can be assigned to GOLFA.
INTERGOVERNMENTAL COMMITTEE (CITY / LARPD / SCHOOL DISTRICT) Trish Munro – Delegate (12/10/18)
Regina Bonanno – Alternate (1/26/21)
LEAGUE OF CALIFORNIA CITIES EAST BAY DIVISION (LOCC)
Trish Munro – Delegate (12/10/18)
Robert Carling – Alternate (1/26/21)
LEGEND: 1. APPOINTMENT MADE BY MAYOR’S CONFERENCE. 2. ALTERNATE IS ALWAYS THE VICE MAYOR.
3. CONFLICT OF INTEREST REQUIREMENTS. 4. GENERAL ASSEMBLY MEMBERS DO NOT FILE CONFLICT OF INTEREST TBD= Appointment will be made after vacant council seat is filled.
ATTACHMENT 1 225
LEGEND: 1. APPOINTMENT MADE BY MAYOR’S CONFERENCE. 2. ALTERNATE IS ALWAYS THE VICE MAYOR.
3. CONFLICT OF INTEREST REQUIREMENTS. 4. GENERAL ASSEMBLY MEMBERS DO NOT FILE CONFLICT OF INTEREST TBD= Appointment will be made after vacant council seat is filled.
LIVERMORE-AMADOR VALLEY TRANSIT AUTHORITY (LAVTA)³
Regina Bonanno– Delegate (6/14/21)
Brittni Kiick – Delegate (12/14/20)
Bob Woerner – Alternate (12/10/18)
LIVERMORE AMADOR VALLEY WATER MANAGEMENT AGENCY (LAVWMA) JOINT POWERS³ Robert Carling – Delegate (1/26/21)
Regina Bonanno – Delegate (1/26/21)
Bob Woerner – Alternate
LIVERMORE AREA RECREATION AND PARK DISTRICT LIAISON COMMITTEE No appointments at this time.
LIVERMORE CULTURAL ARTS COUNCIL (LCAC)
Trish Munro – Delegate (1/26/21)
Brittni Kiick – Alternate (1/26/21)
LIVERMORE DOWNTOWN, INC. (LDI)
Regina Bonanno – Liaison (1/26/21)
Robert Carling – Alternate (1/26/21)
LIVERMORE-DUBLIN CITY COUNCIL LIAISON COMMITTEE
Bob Woerner – Member (3/4/22)
Trish Munro - Member (9/13/21)
LIVERMORE-PLEASANTON CITY COUNCIL LIAISON COMMITTEE
Bob Woerner – Member (9/13/21)
Robert Carling – Member (9/13/21)
LIVERMORE-PLEASANTON FIRE DEPARTMENT JOINT POWERS AUTHORITY³ (LPFD JPA) Bob Woerner – Member (12/12/16)
Brittni Kiick – Member (12/14/20)
*Mayor and one Council Member must be appointed to the LPFD JPA.
STOCKMEN’S ASSOCIATION LIAISON
Bob Woerner – Delegate (12/10/18)
SISTER CITIES COMMITTEES
Yotsukaido, Japan: Bob Woerner – Delegate; Regina Bonanno– Alternate Quezaltenango, Guatemala: Bob Woerner – Delegate; Brittni Kiick – Alternate Snezhinsk, Russia: Bob Woerner – Delegate; Robert Carling – Alternate (12/12/16)
STOPWASTE.ORG³
(ACWMA AND THE ALAMEDA COUNTY SOURCE REDUCTION AND RECYCLING BOARD) Robert Carling – Delegate (12/12/16)
Brittni Kiick – Alternate (12/14/20)
ATTACHMENT 1
226
LEGEND: 1. APPOINTMENT MADE BY MAYOR’S CONFERENCE. 2. ALTERNATE IS ALWAYS THE VICE MAYOR.
3. CONFLICT OF INTEREST REQUIREMENTS. 4. GENERAL ASSEMBLY MEMBERS DO NOT FILE CONFLICT OF INTEREST TBD= Appointment will be made after vacant council seat is filled.
TRI-VALLEY CITIES COUNCIL
All Councilmembers
TRI-VALLEY COMMUNITY TELEVISION CORPORATION (TVCTV)
Bob Woerner – Delegate
Marc Roberts – City Manager – Alternate (11/28/11)
TRI-VALLEY COUNCIL - AFFORDABLE HOUSING COMMITTEE
Robert Carling – Delegate (12/12/16)
Trish Munro – Alternate (12/10/18)
TRI-VALLEY-SAN JOAQUIN VALLEY REGIONAL RAIL AUTHORITY
Bob Woerner – Delegate
*Alternates are not permitted for the Rail Authority
TRI-VALLEY TRANSPORTATION COUNCIL³ (TVTC)
Brittni Kiick – Delegate (12/14/20)
Regina Bonanno – Alternate (1/26/21)
Remainder of Council - Alternates
WATER AGENCIES ROUND TABLE LIAISON COMMITTEE
Regina Bonanno – Delegate (10/27/21)
Robert Carling – Delegate (12/12/16)
Brittni Kiick – Alternate (1/26/21)
ZONE 7 INTERGOVERNMENTAL LIAISON COMMITTEE
Robert Carling – Representative
Regina Bonanno – Representative (1/26/21)
- - - - - - - - - - - - - - -
APPOINTMENTS MADE BY INTERGOVERNMENTAL AGENCIES
ALAMEDA COUNTY AIRPORT LAND USE COMMISSION (ALUC)1,3
TBD – Commissioner
TBD - Commissioner
ALAMEDA COUNTY MAYORS CONFERENCE1,2
Bob Woerner – Delegate (Always Mayor)
Trish Munro - Alternate (Always Vice Mayor)
EAST BAY REGIONAL COMMUNICATION SYSTEMS AUTHORITY1,3
Marc Roberts, City Manager – Board Member (01/03/12)
TBD – Alternate Board Member
ATTACHMENT 1
227
CITY COUNCIL STAFF REPORT
ITEM NO. 13.3
DATE:
December 12, 2022
TO:
Honorable Mayor and City Council
FROM:
Marianna Marysheva, City Manager
SUBJECT:
Appointment of Council Members to the City Council Subcommittee on Advisory Bodies for the period of January 1 - June 30, 2023.
RECOMMENDED ACTION
Staff recommends the Mayor appoint two Council Members to serve on the City Council Subcommittee on Advisory Bodies for the period of January 1 - June 30, 2023, with the City Council's approval.
SUMMARY
Applicants for vacancies on Livermore’s advisory bodies are interviewed by a two-member subcommittee of the City Council before being recommended for appointment by the full City Council. Two Council Members are needed to serve on the interview subcommittee for the period of January 1 - June 30, 2023.
DISCUSSION
The City Council has established nine standing advisory bodies comprised of more than seventy volunteers. To serve on an advisory body, community members apply for vacancies and are interviewed by a subcommittee of the City Council. The City Council Subcommittee on Advisory Bodies (“Subcommittee”) is a two-member subcommittee of the City Council appointed by the Mayor with the City Council's approval, and which is tasked with interviewing applicants for Livermore’s advisory boards, commissions, and committees. Membership on this standing City Council subcommittee rotates among Council Members who are appointed for staggered terms, if possible, to ensure that at least one member has prior experience on the subcommittee. Recruitment for advisory body vacancies is managed by the City Clerk’s Office and interview nights are scheduled quarterly for known vacancies and as needed to fill unanticipated vacancies throughout the year.
Serving in six-month increments, the Subcommittee conducts interviews and recommends appointments for confirmation by the full City Council. The exception to this policy are applicants for the Planning Commission who are interviewed by the full City Council. When interviewing applicants for the Livermore Area Youth Advisory Commission (LAYAC), the Subcommittee is joined by a member of the 228
Livermore Area Recreation and Park District Board of Directors and a current LAYAC youth member.
Two Council Members are needed to serve on the Subcommittee for the period of January 1 - June 30, 2023. Previous appointments are listed below:
Year
January 1 - June 30
July 1 - December 31
2022
CM Kiick
Mayor Woerner
VM Bonanno
VM Bonanno
2021
CM Carling
VM Munro
VM Munro
CM Kiick
2020
CM Munro
Mayor Marchand
CM Coomber
CM Carling
2019
Mayor Marchand
CM Woerner
CM Woerner
CM Munro
2018
CM Carling
CM Coomber
CM Coomber
CM Spedowfski
Upon appointment by the Mayor, the City Clerk’s Office will coordinate with the Subcommittee members to reserve several evenings to facilitate upcoming interview sessions.
FISCAL AND ADMINISTRATIVE IMPACTS
None.
ATTACHMENTS
Prepared by: Marie Weber
City Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
229
CITY COUNCIL STAFF REPORT
ITEM NO. 16.1
DATE:
December 12, 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.
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
230
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
231
Council Member
Committee
Meeting
Date Committee Agenda Link Meeting Type
Mayor Woerner 11/30/2022 Chamber of Commerce Board Annual Planning Session Mayor Woerner 12/2/2022 East Bay Regional Communications System Authority http://www.ebrcsa.org/meetings.page Board Meeting Mayor Woerner 12/2/2022 Deacon Dave's Opening Night Event Mayor Woerner 12/2/2022 Livermore Downtown Inc Sights and Sounds Parade Mayor Woerner 12/7/2022 Livermore Chamber of Commerce Business Alliance Meeting Mayor Woerner 12/7/2022 Tri Valley San Joaquin Regional Rail Authority https://www.valleylinkrail.com/valleylink‐project
Special Board Meeting
Item 14.0
Council Reports
232
Council Member
Committee
Meeting
Date Committee Meeting Type
Council Member Carling 12/1/2022 Ribbon cutting at multi‐service center Council Member Carling 12/2/2022 Holiday village at Carnegie Park Council Member Carling 12/6/2022 Tour of One Nation Dream Makers food pantry Council Member Carling 12/7/2022 Citizens police academy graduation Council Member Carling 12/7/2022 Community forum on housing Council Member Carling 12/8/2022 Stop Waste Recycling Board Meeting Item 14.0
Council Reports
233
Council Member
Committee
Meeting
Date Committee Meeting Type
Council Member Munro 12/2/2022 East Bay Community Choice Energy Joint Powers Authority Special Board Meeting Council Member Munro 12/7/2022 LPD's Citizens Police Academy Graduation Council Member Munro 12/8/2022 Intergovernmental Committee (CITY / LARPD / LVJUSD) Item 14.0
Council Reports
234
CITY COUNCIL STAFF REPORT
ITEM NO. 16.2
DATE:
December 12, 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. Items 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
235
Item 3.1
Video
236
Item 3.2
Video
237
1 Resolution Accepting Canvas of Votes for the
November 8, 2022 General Municipal Election
December 12, 2022
Presented by Marie Weber, City Clerk
November 8, 2022 - Votes Cast
1 2
Item 7.1
PowerPoint Presentation
238
Item 11.1
Video
239