Agenda packet — Livermore City Council, March 13, 2023 (part 1 of 3)

CITY COUNCIL
AGENDA
MONDAY, MARCH 13, 2023
REGULAR HYBRID MEETING –
7:00 PM

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

CIVIC CENTER MEETING HALL

CITY COUNCIL CHAMBERS
1016 S. LIVERMORE AVENUE
TELECONFERENCE INFORMATION:

ZOOM WEBINAR:
***ATTENTION: Zoom update requirements found at the bottom of the agenda*** https://us02web.zoom.us/j/86283744662
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 862 8374 4662
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
TV29:

Comcast TV Channel 29
tv29.org
John P Marchand, Mayor
Brittni Kiick, Vice Mayor
Ben
Barrientos, Council Member
Evan Branning, Council Member
Robert W Carling, Council Member
Livermore City Council Agenda
March 13, 2023

1 1.

CLOSED SESSION - NONE.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Presentation by Tim Sbranti, Ronald Gerhard, Dr. Dyrell Foster, and Owen Letcher of Las Positas College regarding Student Housing.

Recommendation:

Staff recommends the City Council receive a presentation from Las Positas College regarding Student Housing.

Staff Report

4. OPEN FORUM

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

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

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

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

Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).

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

5. CONSENT CALENDAR

Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must submit a speaker card if in person or use the 'raise hand' feature if participating using Zoom. Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).

5.1 Approval of draft minutes - February 2, 2023 Special Meeting and February 13, 2023 Regular

ROLL CALL

Council Member Ben Barrientos
Council Member Evan Branning
Council Member Robert W. Carling
Vice Mayor Brittni Kiick
Mayor John Marchand

PLEDGE OF ALLEGIANCE

Livermore City Council Agenda
March 13, 2023

2 Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

1. 2023-02-02 Draft Minutes

2. 2023-02-13 Draft Minutes

5.2 Adoption of an ordinance
amending Livermore Development Code Section 11.01.020
Definitions and Section 3.02.150 Heavy Industrial (I-3) Zoning District relating to warehousing and distribution facilities.

Recommendation:

Staff recommends the City Council adopt an ordinance with an effective date of April 12, 2023, to amend Livermore Development Code Section 11.01.020 Definitions and Section 3.02.150 Heavy Industrial (I-3) Zoning District relating to warehousing and distribution facilities.

Staff Report

Attachments:

1. Ordinance

2. Exhibit A - Planning Commission Resolution 23-22

3. Exhibit B - Development Code Sections 3.03.150 and 11.01.020

5.3 Adoption of an ordinance
amending Livermore Development Code Section 6.02.060. A Home Occupations, exempting home occupations that do not see clients at the home or have employees other than the household member from the requirement for a home occupation permit.

Recommendation:

Staff recommends the City Council adopt an ordinance with an effective date of April 12, 2023, to amend the Livermore Development Code Section 6.02.060. A Home Occupations, exempting home occupations that do not see clients at the home or have employees other than the household member from the requirement for a home occupation permit.

Staff Report

Attachments:

1. Ordinance

2. Exhibit A - Planning Commission Resolution 24-22

3. Exhibit B - Development Code 6.02.060

5.4 Resolution awarding and authorizing execution of an agreement with Paulson Cox Construction, Inc. for installation of new sanitary sewer and water mains and services along Trevarno Road, in an amount not-to-exceed of $1,131,430 for the Trevarno Road Sanitary Sewer and Water Improvements Project 2019-60.

Recommendation:

Livermore City Council Agenda
March 13, 2023

3 Staff recommends the City Council adopt a resolution for the Trevarno Road Sanitary Sewer and Water Improvements Project 2019-60:

1 .

Awarding a construction contract to Paulson Cox Construction, Inc., in an amount not- to-exceed of $1,131,430, and authorizing the City Manager to sign the agreement attached as Exhibit A to the resolution; and
2 .

Rejecting all other bids or proposals; and
3 .

Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution including approving minor changes to the proposed agreement.

Staff Report

Attachments:

1. Location map

2. Resolution

3. Exhibit A - Construction Contract with Paulson Cox Construction, Inc

5.5 Resolution awarding and authorizing execution of a two-year agreement with Siemens Industry, Inc., for testing, inspection and repair of fire sprinklers, fire and burglar alarms systems, and HVAC technician support for all City facility building control systems in an amount not-to-exceed $500,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing execution of a two-year agreement with Siemens Industry, Inc. for services to provide monitoring, testing, inspection and repair of fire sprinklers, and fire and burglar alarm systems and provide HVAC technician support for all City facility building control systems in a not-to-exceed amount of $500,000.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Agreement with Siemens Industry, Inc.

5.6 Resolution authorizing execution of a license agreement with Trilateral LLC that will allow the public to park in the parking lot of the former Bank of the West building at 2287 Second Street.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a license agreement with Trilateral LLC to allow the public to park in the parking lot located at 2287 Second Street. The term of the agreement is April 1, 2023 to March 31, 2028.

Staff Report

Attachments:

1. Location Map

2. Expanded Parking Lot

3. Resolution

4. Exhibit A - Trilateral LLC License Agreement

Livermore City Council Agenda
March 13, 2023

4 5.7
Resolution authorizing the City Manager to execute an agreement with CR Consulting for Organizational Change Management services in preparation of implementing an Enterprise Resource Planning system to ensure organizational acceptance and readiness of process and system changes in an amount not-to-exceed $200,000.

Recommendation:

Staff recommends that City Council adopt a resolution authorizing the City Manager to execute an agreement with CR Consulting for Organization Change Management (OCM) professional services in helping the City prepare for the implementation of an Enterprise Resource Planning system (ERP) to replace the City of Livermore's dated financial and human resources system in an amount not-to-exceed $200,000.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - CR Consulting Agreement

5.8 Resolution authorizing execution of a lease and right of entry agreement with the Chiu Family Trust that will allow the public to continue to use a portion of their First Street property with Assessor's Number 97-1-15 as a pedestrian walkway and will allow the City to extend the pedestrian walkway and make other minor improvements to the property.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a lease and right of entry agreement with the Chiu Family Trust that will allow the public to continue to use a portion of their First Street property with Assessor's Number 97-1-15 as a pedestrian walkway and will allow the City to extend the pedestrian walkway and make other minor improvements to the property. The term of the agreement is May 15, 2023 to May 15, 2033.

Staff Report

Attachments:

1. Pedestrian Walkway Site Plan

2. Resolution

3. Exhibit A - Lease and Right of Entry Agreement

5.9 Resolution to extend the suspension of Airport Development until a new comprehensive Airport Development Policy is adopted by the City Council.

Recommendation:

Staff recommends the City Council adopts a resolution that:

1 .

Authorizes the extension of the Livermore Airport Development suspension until the City Council formally adopts a Airport Leasing and Development Policy. 2 .

Temporarily suspends the consideration of any aeronautical or non-aeronautical Airport development, except for a parcel under active development adjacent to Kittyhawk Road and Highway 580.
3 .

Authorizes the City Manager to take whatever actions are necessary and appropriate to

Livermore City Council Agenda
March 13, 2023

5 carry out the purpose and intent of this resolution.

Staff Report

Attachments:

1. Resolution

5.10 Resolution opposing the Taxpayer Protection and Government Accountability Act sponsored by the California Business Roundtable (CBRT) and direction to staff to send letters of opposition to the League of California Cities, Senator Glazer, and Assemblymember Bauer- Kahan.

Recommendation:

Staff recommends the City Council adopt the resolution opposing the Taxpayer Protection and Government Accountability Act and direct staff to send letters of opposition to the League of California Cities, Senator Glazer and Assemblymember Bauer-Kahan.

Staff Report

Attachments:

1. Letter of Opposition - Senator Glazer and Assemblymember Bauer-Kahan

2. Letter of Opposition - League of California Cities

3. Resolution

5.11 Resolution declaring non-complying parcels a public nuisance requiring abatement, directing staff to proceed with the annual Fire Hazard Abatement Program, and set a public hearing date of April 10, 2023, to receive protests and direct staff to proceed with field abatement work.

Recommendation:

Staff recommends that the City Council adopt a resolution declaring non-complying parcels a public nuisance requiring abatement, direct staff to proceed with the annual Fire Hazard Abatement Program, and set a public hearing date of April 10, 2023, to receive protests and direct staff to proceed with field abatement work.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - List of Parcels & Property Owners

5.12 Resolutions approving City Council Norms, Values and Principles of Governance, and the City Council Meeting Rules of Procedure.

Recommendation:

Staff recommends the City Council adopt resolutions approving the City Council Norms, Values and Principles of Governance, and the City Council Meeting Rules of Procedure.

Staff Report

Attachments:

1. Redlined City Council Norms, Values, and Principles of Governance

Livermore City Council Agenda
March 13, 2023

6 2. Redlined Changes to Rules of Procedure

3. Resolution Amending and Adopting City Council Norms, Values, and Principles of Governance

4. Exhibit A - City Council Norms Values and Principles of Governance

5. Resolution Amending and Adopting City Council Meeting Rules of Procedure

6. Exhibit A - City Council Meeting Rules of Procedure, revised 02-27-2023

6. PUBLIC HEARINGS

6.1 Hearing to consider adoption of a resolution establishing fees for short-term rental permits, consistent with Livermore Municipal Section 5.90.060, in the amount of $220 for new permits and $160 for annual permit renewals.

Recommendation:

Staff recommends the City Council adopt a resolution adopting short-term rental permit fees in the amount of $220 for a new permit and $160 for annual permit renewal.

Staff Report

Attachments:

1. Resolution

6.2 Hearing to consider adoption of the 2023-2031 Housing Element. The Housing Element is a State-mandated eight-year policy document that is a component of the Livermore General Plan. The overall purpose of the Housing Element is to identify current and projected housing needs, show locations where housing can be built, and set goals, policies, and programs to meet the community’s housing needs.

Recommendation:

Staff and the Planning Commission recommend the City Council consider the 2023-2031 Housing Element (GPA23-002) and:

1 .

Adopt a resolution finding the 2023-2031 Housing Element is exempt from the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3); and 2 .

Adopt a resolution adopting the 2023-2031 Housing Element; and 3 .

Direct staff, after certification of the 2023-2031 Housing Element by the State Department of Housing & Community Development (HCD), to evaluate revisions based upon comments from the Planning Commission recommendation, including the February 26, 2023, comment letter submitted by a Livermore resident.

Staff Report

Attachments:

1. Planning Commission Staff Report

2. Public Comment Letter Received February 26, 2023

3. Draft Planning Commission Meeting Minutes

4. October 2022 Comment Letter from HCD

Livermore City Council Agenda
March 13, 2023

7 5. Resolution - CEQA

6. Exhibit A - PC CEQA Resolution

7. Exhibit B - CEQA Exemption Memo

8. Resolution - Project

9. Exhibit A - Revised Housing Element

10. Exhibit B - February 2023 Letter from HCD

11. Exhibit C - PC Project Resolution

7. MATTERS FOR CONSIDERATION - NONE.

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS

9. ADJOURNMENT

To a Regular City Council meeting on Monday, March 27, 2023 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.

10. SUPPLEMENTAL MATERIALS

10.1 Supplemental materials received prior to the meeting.

Staff Report

Attachments:

1. Supplemental Materials

11. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING

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

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

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

Other Agenda Items
are also open for public input including Consent Calendar or Matters for

Livermore City Council Agenda
March 13, 2023

8 Consideration items. These comments are also subject to the 3-minute limit.

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

Platforms to Participate in Meetings:

Submission of Comments Prior to the Meeting:

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

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

Submission of Comments During the Meeting:

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

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

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

TV29:
tv29live.org
Comcast Cable 29
YouTube:
http://youtube.com/c/CityofLivermoreCalifornia

Zoom Webinar:
https://us02web.zoom.us/j/86283744662

It is recommended residents use updated software to successfully join and participate in a meeting. Outdated versions may limit functionality and you may not be able to provide a public comment virtually. To download the most current version, visit zoom.us/download
.

Zoom dial in phone number: 1 669 900 6833
Meeting ID: 862 8374 4662

If you would like to deliver written materials to the City Council as part of your public Livermore City Council Agenda
March 13, 2023

9 comments, and are commenting in person, please provide 10 copies to the City Clerk with your speaker card. If you are commenting using Zoom, the speaker must identify that intent in his or her comment and immediately email the materials to the City Clerk at [email protected]
.

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

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

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

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

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

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

Livermore City Council Agenda
March 13, 2023

10 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1

DATE:

March 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Presentation by Tim Sbranti, Ronald Gerhard, Dr. Dyrell Foster, and Owen Letcher of Las Positas College regarding Student Housing.

RECOMMENDED ACTION

Staff recommends the City Council receive a presentation from Las Positas College regarding Student Housing.

SUMMARY

DISCUSSION

ATTACHMENTS

Prepared by: Deborah
Davis
Administrative Assistant

DATE:

March 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Approval of draft minutes - February 2, 2023 Special Meeting and February 13, 2023 Regular Meeting.

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. 2023-02-02 Draft Minutes

2. 2023-02-13 Draft Minutes

Prepared by: Debbie Elam
Acting Assistant City Clerk

MEETING MINUTES
CI

TY COUNCIL
FEBRUARY 2, 2023
________________________________________________________________ SPEC

IAL MEETING
1 . CALL TO ORDER – The m eeting of the City Council was called to order by Mayor John Marchand at 4:00pm, held in person at 1016 S. Livermore Avenue and remotely using Zoom and YouTube.

2. ROLL CALL – Present: Mayor John Marchand, Vice Mayor Brittni Kiick and Council Members Ben Barrientos, Evan Branning and Robert W. Carling.

3. SPEC

IAL MEETING ITEM
A

N OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL

REGARDING THE SPECIAL MEETING ITEM WILL BE PROVIDED BY THE MAYOR.
3 .1 Discussion and direction regarding City Council Norms, Values and Principles of Governance and the City Council Meeting Rules of Procedure.

R
ecommendation: Staff recommended the City Council receive this report and provide direction regarding the City Council Norms, Values and Principles of Governance and the City Council Meeting Rules of Procedure.

M
ayor Marchand opened the public comment period.

T
here were no speakers, and the comment period was closed.

C
ity Council provided the following direction to staff:

1. Norms and Values: Add “ Professionalism” to t he first header of Demonstrate Respect and add professionalism to the first sentence of that paragraph.

2. Norms and Values: Under Data Driven Decision Making – add “qualitative and quantitative” for clarity.

3. Norms and Values: Under Council – Advisory Body Relations – have each advisory body present a workplan during their annual update.

4. Rules of Procedure: I tem 12.2 Speaker Time Limit - For consent calendar items, a speaker’s time shall be limited to a maximum of three minutes an item pulled for discussion and a separate opportunity to speak of up to a maximum of three minutes for the balance of the consent calendar.

5. Rules of Procedure: Item 12.7 - City Council clarified that staff would continue to discourage a written and oral comment being provided by the ATTACHMENT 1
13 CM/75/2 Minutes FEBRUARY 2, 2023

same person regarding the same agenda item, however, staff will not monitor for enforcement during a live meeting.

8. ADJOURNMENT – at 5:04pm to a Regular City Council meeting on Monday, February 13, 2023 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK
ATTACHMENT 1
14 FEBRUARY 13, 2023 Minutes CM/75/1

MEETING MINUTES

CITY COUNCIL
FEBRUARY 13, 2023
________________________________________________________________

REGULAR MEETING

1. CLOSED SESSION - NONE

2. CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 7:00 pm, held in person at 1016 S. Livermore Avenue and remotely using Zoom and YouTube.

ROLL CALL – Present: Mayor John Marchand, Vice Mayor Brittni Kiick and Council Members Ben Barrientos, Evan Branning and Robert W. Carling.

PLEDGE OF ALLEGIANCE

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Livermore Airport Annual Update Presented by Airport Commission Chair Adam Bertsch.

Recommendation: Staff recommended City Council accept the Livermore Airport annual update.

Adam Bertsch presented the annual update.

3.2 Proclamation recognizing the project Violins of Hope presented to Larry Lagin of the East Bay Holocaust Education Center.

Recommendation: Staff recommended the City Council recognize the project Violins of Hope, which exhibits the instruments’ remarkable stories of resilience and survival, and which is brought to the Livermore community by the East Bay Holocaust Education Center.

Mayor Marchand presented a proclamation to Larry Lagin recognizing the Violins of Hope project.

4. OPEN FORUM

Mayor Marchand opened the public comment period.

Barbara Silva provided a comment.

ATTACHMENT 2
15 CM/75/2 Minutes FEBRUARY 13, 2023

Neal Mackanic provided a comment.

Kathy Pedrini provided a comment.

Cora Procbe provided a comment.

J.J. Olsen provided a comment.

Marti Sutton provided a comment.

Trish Munro provided a comment.

Alan Marling provided a comment.

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

5. CONSENT CALENDAR

Mayor Marchand opened the public comment period.

Items 5.3 and 5.6 Trish Munro provided a comment.

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

ON THE MOTION OF CM BRANNING , SECONDED BY CM KIICK , AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

5.1 Approval of draft minutes - January 10, 2023 Special Meeting.

Recommendation: Staff recommend ed the City Council approve the draft minutes.

5.2 Resolution 2023-009 awarding and authorizing execution of an agreement with Penkor Wrecking, for the demolition of the old Council Chambers and construction of a fence around the perimeter, in an amount not -to-exceed $126,200, for the Police Facility Expansion Phase 1 and Council Chambers Demolition, Project 2000-28.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Awarding a construction contract to Penkor Wrecking, in an amount not-to- exceed
$126,200, for the Police Facility Expansion Phase 1, Council Chambers Demolition, Project 2000- 28, and authorizing the City Manager to sign the agreement, attached as Exhibit A to the resolution,

2. Rejecting all other bids or proposals, and

3. Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution including ATTACHMENT 2
16 FEBRUARY 13, 2023 Minutes CM/75/3

approving minor changes to the proposed agreement.

5.3 Resolution 2023-010 authorizing execution of an agreement with Gannett Fleming, Inc. to provide construction management services, in the not -to-exceed amount of $952,000, for the Livermore Village Parking Garage (L Street Garage) Construction, Project 586003.

Recommendation: Staff recomm ended the City Council adopt a resolution authorizing the City Manager to execute an agreement with Gannett Fleming, Inc. to provide construction management services in the not -to-exceed amount of $952,000, for the Livermore Village Parking Garage (L Street Garage) Construction, Project 586003.

5.4 Resolution 2023-011 authorizing a supplemental appropriation in the amount of $3,000,000 to Fiscal Year 2023- 24 and awarding and authorizing execution of an agreement with Environmental Systems Inc. of Northern California, for replacing HVAC equipment and building controllers in the Central Plant, Police Department, and City Hall, in an amount not-to-exceed $3,094,000 for the City Hall HVAC & Central Plant Chiller Replacement Project 2018-30.

Recommendation: Staff recommend ed the City Council adopt a resolution for the City Hall HVAC & Central Plant Chiller Replacement Project 2018-30:

1. Authorizing a supplemental appropriation of $1,200,000 in Fund 740 (Facilities Rehabilitation Program) from FY 2022-23 to FY 2023-24,

2. Authorizing a supplemental appropriation of $1,800,000 in Fund 740 (Facilities Rehabilitation Program) for a total of $3,000,000 to FY 2023-24,

3. Awarding a construction contract to Environmental Systems Inc. of Northern California, in an amount not -to-exceed $3,094,000, and authorizing the City Manager to sign the agreement,

4. Rejecting all other bids or proposals, and

5. Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution including approving minor changes to the proposed agreement.

5.5 Resolution 2023-012 authorizing execution of a purchase order with the Microsoft Store for 250 Microsoft Surface laptops to replace obsolete equipment and migrate City staff to mobile computers in an amount not-to-exceed $650,000.

Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of a purchase order with the Microsoft Store for the purchase of Microsoft Surface laptops and r elated accessories (mice, cables, docking station, laptop bag, etc.) in an amount not-to-exceed
$650,000.

5.6 Resolution 2023-013 authorizing the acceptance for permanent maintenance and release of the security bonds, and execution of a Notice of Completion for the I-Street Garage, Project 2017-15.

Recommendation: Staff recommended the City Council adopt a resolution ATTACHMENT 2
17 CM/75/4 Minutes FEBRUARY 13, 2023

authorizing the acceptance for permanent maintenance and release of the security bonds for the I-Street Garage Project 2017-15 and authorize the City Manager to sign the Notice of Completion, a copy of which is attached as Exhibit A to the resolution.

5.7 Resolution 2023-014 authorizing the approval of a grant application, acceptance of grant funds, and authorizing an agreement with the Calif ornia Department of Fish and Wildlife for the Livermore Habitat Conservation Plan.

Recommendation: Staff recommend ed the City Council adopt a resolution approving the filing of a grant application and accepting grant funds in the amount of $700,000, authorizing an agreement with the California Department of Fish and Wildlife, and authorizing the City Manager or designee to sign all grant documents for the Livermore Habitat Conservation Plan.

5.8 Resolution 2023-015 authorizing an increase of an existing 0.5 full -time equivalent (FTE) Horizons' Family Therapist to a 0.75 FTE Family Therapist to provide school -based counseling in designated schools within the Livermore Valley Joint Unified School District (LVJUSD) and funded by LVJUSD.

Recommendation: Staff recommended the City Council adopt a resolution authorizing an increase of an existing 0.5 full -time equivalent (FTE ) Horizons' Family Therapist to a 0.75 FTE Family Therapist to provide school -based counseling in designated schools within the Livermore Valley Joint Unified School District (LVJUSD) and funded by LVJUSD.

6. PUBLIC HEARINGS – NONE

7. MATTERS FOR CONSIDERATION

7.1 Discussion and direction regarding Planning Commission interview and candidate selection process.

Recommendation: Staff recommended the City Council review the 14 Planning Commission applications received, select 6 candidates to move forward in the live interview process on March 2, 2023, and appoint a City Council subcommittee to draft interview questions.

City Clerk Marie Weber presented the staff report.

Mayor Marchand opened the public comment period.

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

ON THE MOTION OF CM CARLING, SECONDED BY VM KIICK AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL SELECTED THE FOLLOWING 7 CANDIDATES FOR PLANNING COMMISSION INTERVIEWS:

1. JACOB ANDERSON

2. ERIK BJORKLUND
ATTACHMENT 2
18 FEBRUARY 13, 2023 Minutes CM/75/5

3. CARMELITA CHIONG

4. YOLANDA FINTSCHENKO

5. TRACY KRONZAK

6. NEAL PANN

7. ASA STROUT
ON

THE MOTION OF VM KIICK , SECONDED BY CM BRANNING AND
CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPOINTED CM CARLING

AND CM BRANNING TO A SUBCOMMITEE TO DRAFT PLANNING
COMMISSION INTERVIEW QUESTIONS.

8. CO

UNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
T

HE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF

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

MEMBERS WHO DID NOT PROVIDE A SUMMARY IN THE SUPPLEMENTAL PACKET ARE INCLUDED BELOW.

E
ast Bay Community Energy (EBCE) CM Barrientos noted that he would be attending the meeting on Wednesday, February 15, 2023.

I
nnovation Tri-Valley Mayor Marchand noted his attendance at the meeting on February 17, 2023.

A
lameda County Transportation Committee, Planning, Policy, & Legislation Committee Mayor Marchand noted his attendance at the committee meeting on February 13, 2023.

I
ntergovernmental Agency Appointments Due to scheduling conflicts, the City Council requested that CM Barrientos be removed from Livermore-Amador Valley Water Management A gency and CM Branning be appointed as a delegate, and directed staff to return with an agenda item to ratify the action. 8 . ADJOURNMENT – at 8:19 pm in honor of Black History Month to a Regular City Council meeting on Monday, February 27, 2023 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.

APPR
OVED:

J OHN P. MARCHAND, MAYOR
A
TTEST:

M ARIE WEBER, CITY CLERK
ATTACHMENT 2
19 CITY COUNCIL STAFF REPORT
ITEM NO. 5.2

DATE:

March 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Adoption of an ordinance
amending Livermore Development Code Section 11.01.020
Definitions and Section 3.02.150 Heavy Industrial (I-3) Zoning District relating to warehousing and distribution facilities.

RECOMMENDED ACTION

SUMMARY

DISCUSSION

ATTACHMENTS

1. Ordinance

2. Exhibit A - Planning Commission Resolution 23-22

3. Exhibit B - Development Code Sections 3.03.150 and 11.01.020

Prepared by: Susan Frost
Special Projects Coordinator

20 Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
21 ORDINANCE NO. _____________
Rev. 6/29/18

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

AN ORDINANCE AMENDING THE LIVERMORE DEVELOPMENT CODE BY AMENDING SECTION 11.01.020 (DEFINITIONS) AND
SECTION 3.03.150 (HEAVY INDUSTRIAL ZONING DISTRICT)

RELATING TO WAREHOUSE AND DISTRIBUTION FACILITIES
The City of Livermore initiated an application for Development Code Amendment 22- 002 to consider amendments to Section 11.01.020 (Definitions) and Section 3.03.150 (Heavy Industrial (I-3) Zoning District).

At a public hearing on October 18, 2022, the Planning Commission of the City of Livermore considered the staff recommendation for approval and recommended that the City Council approve Development Code Amendment 22-002 in Planning Commission Resolution No. 23-22, attached hereto as Exhibit A.

On February 27, 2023, the City Council held a duly noticed public hearing to consider the project, Planning Commission and staff recommendations, and all public comments and testimony.

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

Section 1. The City Council has adopted Resolution No. ______ that finds that the Warehouse and Distribution Facilities Code amendments are exempt from review under the California Environmental Quality Act (CEQA).

Section 2. The ordinance is consistent with the Livermore General Plan, any applicable specific plan, and the Livermore Development Code.

Section 3. The City Council has considered the findings made in Planning Commission Resolution No. 23-22, attached hereto as Exhibit A, and hereby adopts the same findings by this reference and incorporates them as part of this resolution, and based upon the City Council’s own independent review and considerations, the City Council hereby approves Development Code Amendment 22-001 for amendments to Section 11.01.020 (Definitions) and Section 3.03.150 (Heavy Industrial (I-3) Zoning District), attached hereto as Exhibit B.

Section 4. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Livermore within 15 days after its adoption and shall take effect and be in force thirty days from and after its adoption.

Section 5. The Planning Manager is directed to file a Notice of Exemption with the Alameda County Clerk.
22 ORDINANCE NO. _____________
Rev. 6/29/18
Section 6. The documents that constitute the record of proceedings upon which this decision is based can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, Livermore, California.

Section 7. If any part of this ordinance is declared unconstitutional or invalid by a court, such unconstitutionality or invalidity shall not affect any remaining parts.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on February 27, 2023, by the following vote:

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 March 13, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCIL MEMBERS:

Regulations R

P Permitted Use (Ord. 2082 § 2(J), 2019; Ord. 1915 § 3 (Exh.

B), 2010) ZUP Zoning Use Permit Required
CUP Conditional Use Permit Required
-- Use Not Allowed
End Notes:
1 A definition of each listed use type is in Part 11.
2 Outdoor storage shall be fully screened.
3 Similar uses permitted or conditionally
permitted as determined by the Director to
be of the same general character as the listed
uses.
4 Permitted within a building or fully screened
G. I-3 Use Table
Land Use Type
1, 3 Specific Use Permit
Regulations Required Land Use Type
1, 3 Specific Use P ermit
equired
Industry, Manufacturing and Processing Recreation, Education & Public Assembly Fuel Station, Private 6.03.160 ZUP Commercial Recreation Facility: 6.03.050 Manufacturing/Processing Commercial amusement facility CUP Light industrial P Public and Quasi-Public 6.02.090 CUP Medium industrial P Commercial
Heavy industrial 6.02.040 P Drive-In Business:

Recycling Facility: Restaurant 5 CUP
Processing 2 P Restaurant P
Wholesale certified 4 P Services: Business, Financial, Professional Research and Development ATM CUP
Facility P Bank, Financial Services 5 CUP
Storage:

Self-storage facility P
Office: Professional,
Administrative P
Contractor storage yard/open Services: General
storage 2 6.03.100 P Dog Day Care CUP
Warehousing and Distribution
Facility,:

Warehousing and Distribution
Facility, E-Commerce/3PL
Lodging:

Hotel, motel 5 CUP P
CUP

EXHIBIT B
27 from public view by a solid wall or fence.
5 Use shall be shown as reasonably required
for the convenience or support of
occupants of uses in the surrounding I-
District.

Amend Livermore Development Code Part 11 Definitions as follows:

Warehousing and distribution facility– An establishment engaged in selling of their own products or merchandise to retailers, also known as business-to-business distribution, such as to contractors, industrial, commercial, institutional, farm, or professional business users; or to other wholesalers. Warehousing and distribution facilities may also be accessory to permitted manufacturing/processing uses. Does not include warehousing and distribution facilities – e-commerce/third party logistics, which is defined separately below.

Warehousing and distribution facility –E-Commerce/Third Party Logistics (3PL).

An establishment engaged in storing, processing, packaging, shipping, and distributing goods and merchandise to consumers from e-commerce, online, and mail order retail, also known as business-to-consumer distribution. Facilities include fulfillment/distribution, sorting, and delivery centers.

Manufacturing/processing - heavy industrial. Uses in this category are distinguished by a tendency to create noise, odors, vibration, glare or hazards that may be objectionable in other areas. They often include the manufacturing/processing and/or outdoor storage of substantial amounts of raw materials or bulky items. Examples include, but are not limited to, metal products fabrication, truck terminals, saw and planing mills, and the manufacture of major utility components, construction and farm equipment, and/or heavy building materials. Examples also include the manufacturing, processing, storage, or packaging for distribution, or wholesaling of chemicals, petroleum, heavy agricultural products such as pesticides or fertilizers or other similar hazardous materials.

Manufacturing/processing -– medium industrial. The manufacturing, assembling, processing, storage or packaging of products except: 1) uses manufacturing, processing, storage or packaging chemicals, petroleum, and heavy agricultural products or other hazardous materials, 2) vehicle-dismantling yards, scrap and waste yards.

Medium intensity manufacturing and processing includes:

1. The manufacturing of electric and electronic circuits and instruments and devices, such as, but not limited to, radio and television, phonographic equipment, calculators, computers, semi-conductors and transistors, and similar uses.

EXHIBIT B
28 EXHIBIT B

2. The manufacturing, assembly, processing, storage, or packaging of products from previously prepared materials such as, but not limited to, cloth, plastic, paper, leather, and precious or semi-precious metals or stones, but not including such operations as saw and planing mills, any manufacturing uses involving primary production of wood, metal or chemical products from raw materials and similar uses.

3. The manufacturing of pharmaceutical products.

Manufacturing/processing - light industrial. Any manufacturing, processing, and storage that does not include hazardous wastes or resulting large truck usage/ parking on the site. The use shall be accomplished entirely inside of the building except for incidental movement of products or materials into and out of the building to a delivery vehicle.

EXHIBIT B
29 CITY COUNCIL STAFF REPORT
ITEM NO. 5.3

DATE:

March 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Adoption of an ordinance
amending Livermore Development Code Section 6.02.060. A Home Occupations, exempting home occupations that do not see clients at the home or have employees other than the household member from the requirement for a home occupation permit.

RECOMMENDED ACTION

SUMMARY

DISCUSSION

ATTACHMENTS

1. Ordinance

2. Exhibit A - Planning Commission Resolution 24-22

3. Exhibit B - Development Code 6.02.060

Prepared by: Susan Frost
Special Projects Coordinator

30 Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
31 ORDINANCE NO. _____________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

AN ORDINANCE AMENDING THE LIVERMORE DEVELOPMENT CODE BY AMENDING SECTION 6.02.060 (HOME OCCUPATIONS)
The City of Livermore initiated an application for Development Code Amendment 22-001 to consider amendments to Section 6.02.060 (Home Occupations).

At a public hearing on October 18, 2022, the Planning Commission of the City of Livermore considered the staff recommendation for approval and recommended that the City Council approve Development Code Amendment 22-001 in Planning Commission Resolution No. 24-22, attached hereto as Exhibit A.

On February 27, 2023, the City Council held a duly noticed public hearing to consider the project, Planning Commission and staff recommendations, and all public comments and testimony.

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

Section 1. The City Council has adopted Resolution No. ______ that finds that the Home Occupation Development Code amendments are exempt from review under the California Environmental Quality Act (CEQA).

Section 2. The ordinance is consistent with the Livermore General Plan, any applicable specific plan, and the Livermore Development Code.

Section 3. The City Council has considered the findings made in Planning Commission Resolution No. 24-22, attached hereto as Exhibit A, and hereby adopts the same findings by this reference and incorporates them as part of this resolution, and based upon the City Council’s own independent review and considerations, the City Council hereby approves Development Code Amendment 22-001 for amendments to Section 6.02.060, Home Occupations, attached hereto as Exhibit B.

Section 5. The Planning Manager is directed to file a Notice of Exemption with the Alameda County Clerk.

Section 6. The documents that constitute the record of proceedings upon which this decision is based can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, Livermore, California.

Section 7. If any part of this ordinance is declared unconstitutional or invalid by a court, such unconstitutionality or invalidity shall not affect any remaining parts. 32 ORDINANCE NO. _____________
The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on February 27, 2023, by the following vote:

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 March 13, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCIL MEMBERS:

Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
/s/ Kimberly Cilley
Marie Weber Kimberly Cilley
City Clerk Senior Assistant City Attorney
Exhibit A – Planning Commission Resolution No. 24-22
Exhibit B – Development Code Amended Sections 6.02.060
33 EXHIBIT A
34 EXHIBIT A
35 EXHIBIT A
36 6.02.060 Home Occupations
H
ome occupations which are clearly secondary to the principal use of a dwelling, conform to City ordinances, and do not adversely affect the public safety, health and general welfare of the neighborhood shall be permitted. In addition to special conditions that may be imposed to accomplish these objectives, home occupations shall conform to the following locational, developmental, and operational standards, as well as provisions of Chapter 9.05 LDC:

A. Permit Required. No person shall conduct a home occupation without first obtaining a Home Occupation Permit in compliance with Chapter 9.05 LDC. Uses exempt from the requirement of a Home Occupation Permit include:

1. a legal live/work facility;

2. a small family day care home for eight or fewer children operated in compliance with state law and LDC 6.02.020 (Child Day Care Facilities);

3. home occupations that do not see clients at the residence or have employees other than the household member occupying the residence Exempt home occupations are subject to locational, developmental, and operational standards outlined in sections B, C, and F through K below.

Cottage food operations are not exempt from obtaining a Home Occupation Permit and are subject to the requirements of section M below.

B. Location. The home occupation shall be located entirely within the primary residence, garage o r
an
accessory structure that meets all current state and/or city code standards for accessory structures.

C. Appearance of the Residence. The home occupation shall not alter the external appearance of th
e residence.

D. Clients. On-site clients shall be permitted only for the following home occupations:

1. Instructional services by appointment, such as tutoring or musical instruction of no more than three clients at a time and limited to the hours of 9:00 a.m. to 7:00 p.m. daily.

2. Professional/office and personal services by appointment only, of no more than three clients at a time and limited to the hours of 9:00 a.m. to 7:00 p.m. daily. Professional/office services include such uses as accounting; design services including architecture, engineering, landscape architecture and urban planning; financial management, investment, and leg al
c
ounseling; and counseling services. Personal services include such uses as state licensed barber, beauty, and nail salons; exercise and personal training; fortune telling and similar uses; tailors; bicycle repair; and home electronics and small appliance repair. Other uses determined to be substantially similar to the listed uses may be permitted by the Community Developmen t
D
irector.

3. Repair services (excluding vehicle and small engine repair as stated in subsection L of this section) consistent with the provisions of subsection J of this section, by appointment, of no more than three clients at a time and limited to the hours of 9:00 a.m. to 7:00 p.m. daily.

EXHIBIT B
37 4. A Cottage Food Operation Home Occupation Permit (“CFO HOP”) pursuant to subsection M of this section.

E. Employees. In no event shall more than one employee be working at any one time at a home occupation in addition to the household member occupying the premises. If the home occupation employs a person that is not a household member occupying the premises, then one off-street parking space, in addition to the minimum number of parking spaces required by this code for the dwelling, shall be designated on the site and its location identified in the application. Required parking may be in tandem to existing required parking on the premises.

F. Fire Safety. The home occupation shall not reduce the fire safety classification of a residence or accessory structure. Storage of hazardous materials is limited as follows:

1. To one gallon or less total for all combustible liquids, corrosive liquids, Class 1 or 2 oxidizers, or Class 1 water reactives.

2. To 10 pounds total for all corrosive solids, health hazards, or Class 2 oxidizers, or 50 pounds for Class 1 oxidizers.

3. To four standard cubic feet of flammable gases, and 500 standard cubic feet of inert or oxidizer gases.

4. No quantities of other hazardous materials classes are permitted in conjunction with a home occupation.

G. Movement of Goods. Movement of products, materials, or equipment associated with the home occupation shall be limited to days and hours of operation indicated in subsection D of this section. No merchandise or goods shall be sold, leased, or rented from the premises if the sale, lease, or rental requires the customer to visit the premises for delivery except for CFO HOP consistent with subsection M of this section.

H. Signs. No signs are permitted in conjunction with the use except for a maximum of 10 square feet on one vehicle associated with the home occupation.

I. Storage. There shall be no on-site exterior storage of equipment, vehicles, materials or supplies connected with the home occupation except as permitted in subsection K of this section.

J. Nuisance. A home occupation shall not create dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy, where no home occupation exists. Noise generated by a home occupation shall not be audible at neighboring properties.

K. Vehicles. A home occupation shall have no more than one vehicle connected to the home occupation which shall not be a commercial grade vehicle. Examples of a commercial grade vehicle include but are not limited to a box truck, semi-trailer truck, bus, or a vehicle used for loading, transporting, or manipulating construction materials or debris.

L. Prohibited Uses. The following uses shall be considered prohibited:

1. Adult businesses;

EXHIBIT B
38 2. Animal hospitals (and related services);

3. Dance/night clubs;

4. Firearms dealers and gunsmiths;

5. Food preparation for commercial purposes except a CFO HOP pursuant to subsection M of this section;

6. Small engine repairs;

7. Personal services such as swimming, massage (on-site), tattoo, body piercing and similar uses except as noted in subsection D of this section;

8. Medical/dental offices/clinics/laboratories;

9. Plant nursery;

10. Retail or wholesale sales of products stored at the residence, except for a CFO HOP and to allow mail order businesses where there is no stock-in-trade on the site;

11. Vehicle related services such as, but not limited to, repair, cleaning, tune-ups, couriers, or delivery or transport of goods or people;

12. Welding and machining;

13. Other uses determined by the Community Development Director not to be incidental to or compatible with residential activities.

M. Cottage Food Operation. A cottage food operation (CFO), as defined in Section 113758 of the Health and Safety Code as may be amended (for example, home-based preparation of nonperishable types of food for sale), may be permitted with a Home Occupation Permit (CFO HOP) subject to the following provisions:

1. A CFO shall be required to obtain and maintain a registration and/or operating permit from Alameda County Environmental Health and Safety and furnish a copy to the city of Livermore prior to issuance of a CFO HOP.

2. Customers may visit the premises only between 8:00 a.m. and 7:00 p.m. daily.

3. No more than three customers may be on the premises at any one time.

4. If direct sales are proposed at the site of the CFO, no third parties or customers shall be permitted to dine at the CFO.

5. CFOs are prohibited from conducting sales in garages, accessory structures, or outside of the dwelling.

6. Cooking appliances and equipment used for the CFO that produce grease laden vapors, such as deep fat fryers, shall be those designed and sold for residential use only. Oil capacity of deep fat fryers shall not exceed four quarts. Grease deposits within the kitchen shall be cleaned

EXHIBIT B
39 promptly. Cooking exhaust ducts and filters shall be visually checked no less than every six months and buildup of grease shall be removed.

7. In no event shall more than one employee be working at any one time at a CFO in addition to the household member occupying the premises.

8. If the CFO employs a person that is not a household member occupying the premises, then one off-street parking space, in addition to the minimum number of parking spaces required by this code for the dwelling, shall be designated on the site and its location identified in the application. Required parking may be in tandem to existing required parking on the premises.

9. A CFO HOP shall immediately cease to be valid upon the Alameda County registration and/or operating permit becoming invalid.

10. A CFO HOP shall not be transferable to another person or dwelling and a new HOP application with an Alameda County registration and/or operating permit specific to the new person or dwelling shall be required.

11. CFO usage shall be restricted to the registered or permitted area of the home provided for by Alameda County Environmental Health.

12. CFO sales shall comply with the gross annual sales limits in state law as set forth in Health and Safety Code Section 113758, as may be amended.

13. A Home Occupation Permit shall be obtained in compliance with Chapter 9.05 LDC (Home Occupation Permits). (Ord. 2131 § 3 (Exh. B), 2021; Ord. 2082 § 2(U), 2019; Ord. 1981 § 1 (Exh. A), 2013)

EXHIBIT B
40 CITY COUNCIL STAFF REPORT
ITEM NO. 5.4

DATE:

March 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution awarding and authorizing execution of an agreement with Paulson Cox Construction, Inc. for installation of new sanitary sewer and water mains and services along Trevarno Road, in an amount not-to-exceed of $1,131,430 for the Trevarno Road Sanitary Sewer and Water Improvements Project 2019-60.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution for the Trevarno Road Sanitary Sewer and Water Improvements Project 2019-60:

1 .

Awarding a construction contract to Paulson Cox Construction, Inc., in an amount not-to-exceed of $1,131,430, and authorizing the City Manager to sign the agreement attached as Exhibit A to the resolution; and
2 .

Rejecting all other bids or proposals; and
3 .

Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution including approving minor changes to the proposed agreement.

SUMMARY
The Trevarno Road Sanitary Sewer and Water Improvements Project includes installation of new sanitary sewer and potable water mains and services, abandonment of existing mains and fire hydrants within the public utility easement, pavement repair, and slurry seal along Trevarno Road as shown in Attachment 1 - Location Map.

Nine bids were received for the project on January 19, 2023. Staff recommends the City Council award and authorize a construction contract with Paulson Cox Construction, Inc., the lowest responsible and responsive bidder, and authorize the City Manager to sign the agreement.

DISCUSSION
The sewer and water systems that serve the properties along Trevarno Road were constructed around 41 1915 as private utilities. In August 2019, an attorney wrote to the City on behalf of the residents of Trevarno Road and included a petition from the property owners requesting the formation of an infrastructure financing district to replace the existing deteriorating water and sewer systems.

The private sewer and water systems that currently serve the properties along Trevarno Road are over 100 years old and are currently failing. Residents of Trevarno Road have reported that their sewer system had failed pipes, and the disintegrating infrastructure is causing cesspools on their properties. In addition, several unplanned shutdowns for water main repairs were reported. There are 12 single family homes plus common landscaping served by the sewer and water systems. In addition, the Livermore Area Recreation and Park District (“LARPD”) has an office and classroom facilities on Trevarno Road that are served by the sewer system. The office facility has separate water service from the 12 single family homes, but the classroom facility is connected to the Trevarno water system. LARPD also owns a parcel that contains a parking lot that does not currently have any sewer or water service.

Based on the current deteriorated condition of the existing systems, on November 25, 2019, the City Council appropriated $150,000 from the General Fund (001) and directed City staff to proceed with determining the feasibility of a special financing district to facilitate the replacement of existing sewer and water improvements on Trevarno Road. This direction was also in response to the petition signed by 7 of the 12 single-family residents on Trevarno Road requesting the City help them finance the replacement of the failing private facilities and accept them as public facilities.

Staff held two meetings with residents on August 11, 2019, and July 22, 2020, to discuss the public infrastructure improvement costs. On January 27, 2021, City staff and the City’s Special Financing District Formation Consultant, NBS, presented the legislation behind the Community Facility District and Assessment District. The Mello-Roos Community Facilities Act of 1982 exempts government owned property from special tax, whereas Assessment District Proposition 218 does not exempt government owned property. The Assessment District financing mechanism was selected because it will allow LARPD to participate in the financing district. The preliminary cost estimate assessments and annual payments were also presented.

On February 11, 2021, staff sent Trevarno Road residents a survey and followed up with an email on March 18, 2021, to obtain feedback on the formation of an assessment district to finance the sewer and water improvements on Trevarno Road. A majority of the respondent residents were in favor of the establishment of a financing district. On April 22, 2021, staff emailed property owners to explain the results of the Engineers Report, which establishes assessments amounts per parcel and emailed meeting invitations to all property owners interested in additional information. The meetings were scheduled from April 26, 2021 to April 28, 2021. LARPD and a majority of the residents remained in favor of establishing the assessment district.

On July 26, 2021, City Council approved the establishment of the Trevarno Road Sewer and Water Improvements Assessment District 2021-1. The improvements will include construction of approximately 700 linear feet of 8-inch sanitary sewer lines, 700 linear feet of 8-inch potable water lines, manholes, hydrants, sewer and water laterals, and other auxiliary improvements. Property owners will be responsible for constructing and connecting the private laterals to the stub out at the curb and for abandoning the private sewer and water mains. While the City is taking over the sewer and water systems along Trevarno Road, the road and other infrastructure such as the pavement, sidewalks, landscaping and irrigation within it, remains privately owned and maintained.

42 The consultant for the project, Ruggeri-Jensen-Azar (RJA), completed the design for the new sanitary sewer and water systems in December 2022. Staff advertised the project on December 12, 2022, and bids were opened on January 19, 2023. The City received nine bids for the project. The lowest responsible and responsive bid was received from Paulson Cox Construction, Inc. for $1,131,430.

Paulson Cox Construction, Inc. is based in Concord, CA. Staff has checked references of Paulson Cox Construction, Inc. and has found they are satisfactory and comply with the contract documents.

The following is a list of the bids received and the Engineer’s Estimate for the project.

Trevarno Road Sanitary Sewer and Water Improvements Project 2019-60 - Bid Results Contractor
Location
Bid Amount
Paulson Cox Construction, Inc.

Concord
$1,131,430
Suulutaaq Inc.

Suisun City
$1,254,854
Koios Engineering
San Francisco
$1,439,990
Pacific Underground Construction
San Jose
$1,453,380
AB Construction
Berkeley
$1,457,946
Con-Quest Contractors, Inc.

San Francisco
$1,521,619
Tracy Grading & Paving
Tracy
$1,661,019
Mountain Cascade, Inc.

Livermore
$1,794,708
Marinship Development Interest,
LLC
Oakland
$2,321,074
Engineers Estimate

$1,450,000

In accordance with Livermore Municipal Code Section 2.68.560, Change Order authorization of 10% of the contract value is allowed.

FISCAL AND ADMINISTRATIVE IMPACTS

The construction contract award amount is $1,131,430. Funding for this agreement, and all other project costs such as change order allowances, design, inspection, materials testing, construction management and project management are included in the project budget for the Trevarno Road Sanitary Sewer and Water Improvements Project 2019-60 in the FY 2021-23 Capital Improvement Plan from Fund 251 (Water Connection Fees) and Fund 241 (Sewer Connection Fees). No additional funding is needed.

These funds will be repaid by the property owners through annual assessments on the Trevarno Road properties.

Annual operations and maintenance costs for new sanitary sewer and water systems are estimated at $15,000 per year. Operations and maintenance costs will be funded from the operating budget with Fund 251 (Water Connection Fees) and Fund 241 (Sewer Connection Fees).

ATTACHMENTS

1. Location map

2. Resolution

3. Exhibit A - Construction Contract with Paulson Cox Construction, Inc

Prepared by: Farnoush Levers
Senior Civil Engineer

43 Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
44 City of Livermore
This map is based on City of Livermore GIS
Information and reflects the most current information
at the time of this printing. The map is intended for
reference purposes only and the City and its staff is
not responsible for errors.
2,000Livermore IT, GIS Services
333.3
1:NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 166.67 Feet333.30
1/31/2023 2:33:38
PM
Prepared:

Notes:

Scale:

ATTACHMENT 1
45 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE AWARD OF A CONSTRUCTION CONTRACT WITH PAULSON COX CONSTRUCTION, INC. IN AN AMOUNT NOT-TO-EXCEED $1,131,430 FOR THE TREVARNO ROAD SANITARY SEWER AND WATER IMPROVEMENTS PROJECT NO. 2019-60
(Trevarno Road Sanitary Sewer and Water Improvements Project No., 2019-60) The Trevarno Road Sanitary Sewer and Water Improvements Project includes installation of new sanitary sewer and potable water mains and services, abandonment of existing mains and fire hydrants within the public utility easement, pavement repair, and slurry seal along Trevarno Road.

Nine bids for the Trevarno Road Sanitary Sewer and Water Improvements Project were received on January 19, 2023.

After a thorough review of all bid submittals by the nine bidders, staff recommends the City Council award and authorize a construction contract with Paulson Cox Construction, Inc., which has been determined to be the lowest responsible and responsive bidder, and authorize the City Manager to sign the agreement.

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

1. Awards a construction contract to Paulson Cox Construction, Inc. in an amount not-to-exceed $1,131,430 for the Trevarno Road Sanitary Sewer and Water Improvements Project 2019-60, and authorizes the City Manager to sign the agreement, attached hereto as Exhibit A and incorporated by this reference.

2. Rejects all other bids or proposals; and

3. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed agreement.

On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on March 13, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
46 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Construction Contract with Paulson Cox Construction, Inc. 47 EXHIBIT A
48 EXHIBIT A
49 EXHIBIT A
50 EXHIBIT A
51 EXHIBIT A
52 EXHIBIT A
53 CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

March 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Resolution awarding and authorizing execution of a two-year agreement with Siemens Industry, Inc., for testing, inspection and repair of fire sprinklers, fire and burglar alarms systems, and HVAC technician support for all City facility building control systems in an amount not-to-exceed $500,000.

RECOMMENDED ACTION

SUMMARY
Siemens Industry, Inc. currently provides burglar alarm monitoring, fire alarm monitoring and testing, and fire sprinkler inspection and repair at various City facilities. In order to protect the City’s investment in a variety of structures and protect the life and safety of its employees and the general public, staff recommends continuing service for inspection, monitoring, and repair of these systems.

DISCUSSION
The current agreement with Siemens Industry, Inc. to perform a combination of burglar alarm monitoring, fire alarm monitoring, fire alarm testing and inspection, fire sprinkler testing, and repair of the fire alarm and fire sprinkler systems at more than 25 City-owned facilities expired December 31, 2022. The proposed contract is backdated to January 1, 2023, to cover the work that continued to occur for fire alarm monitoring and testing at all City facilities. The inspections schedules were maintained to ensure code compliance and reduce liability.

Livermore Municipal Code Section 2.68.390 allows for an exemption to the quotation and bidding requirements if such purchases are based on an agreement or cooperative purchasing program entered into by any public agency. In such cases, the supplies and services subject to the agreement or program and the underlying purchase must have been made using a quotation or bid procedure at least as 54 restrictive as the City’s. Siemens holds National Joint Powers Authority cooperative purchasing agreement #031517-SIE. The City is currently a member of the NJPA and therefore can take advantage of these competitively bid rates. This cooperative purchasing process meets the requirements of the Livermore Municipal Code. This agreement will ensure that the City continues to receive the lowest rates possible for existing services.

FISCAL AND ADMINISTRATIVE IMPACTS

The total not-to-exceed cost for this two-year agreement is $500,000, which is currently budgeted in a variety of operating funds including various components of the General Fund, Airport, Water, and Sewer enterprise funds.

ATTACHMENTS

1. Resolution

2. Exhibit A - Agreement with Siemens Industry, Inc.

Prepared by: Marisa Gan
Management Analyst II

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
WITH SIEMENS INDUSTRY, INC. FOR A TWO-YEAR TERM, IN AN
AMOUNT NOT-TO-EXCEED $500,000, FOR ALARM SYSTEM

SERVICES
The City of Livermore (City) currently owns and operates a variety of facilities that need burglar and fire alarms, and fire sprinkler systems. In order to keep these systems functioning properly, the City requires services to provide HVAC technician support for all City building control systems, and services to maintain, inspect, test, repair and monitor these systems. Siemens Industry Inc. holds Cooperative Purchasing Agreement #031517-SIE through the National Joint Powers Alliance, whose purchasing procedures meet the requirements of Livermore Municipal Code section 2.68.390.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby authorizes the City Manager to execute an agreement with Siemens Industry, Inc., attached hereto as Exhibit A, in a not-to exceed amount of $500,000 to provide HVAC technician support for all City building control systems, including burglar and fire alarms, and fire sprinkler system services for a two-year term.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on March 13, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Agreement with Siemens Industry, Inc.
56 Agreement for Services Page 1
Rev. 09.2021

AGREEMENT FOR SERVICES
THIS AGREEMENT is made and entered into this day of , 2023, by and between the City of Livermore (“City”), a municipal corporation, and Siemens Industry, Inc. (“Contractor”), a Delaware corporation.

RECITALS
City requires services to inspect, monitor, test, and repair fire alarm, fire sprinkler, and burglar alarm systems and provide HVAC technician support for all City facility building control systems.

Contractor warrants it possesses the distinct skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.

Contractor acknowledges City has relied upon these warranties to retain Contractor.

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

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

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

3. Description of Services . Contractor shall provide services to inspect, monitor, test, and repair fire alarm, fire sprinkler, and burglar alarm systems and provide H VAC technician support for all City facility building control systems as more particularly set forth in Exhibit "A" (collectively “the Services”).

4. Contractor’s Responsibilities. Contractor shall:
(a) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;
(b) Provide the resources necessary to complete the Services in a timely manner;
(c) Obtain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
DocuSign Envelope ID: 1E4B4F47-ECD0-402F-BA85-352D9653FF3F

EXHIBIT A
57 Agreement for Services Page 2
Rev. 09.2021
(d) Obtain and keep in effect all necessary licenses , permits, qualifications, insurance, and approvals legally and professionally required for Contractor to practice its profession and to provide the Services;

(e) Comply with all laws in effect that are related to Contractor and the Services;

(f) Coordinate the Services with Public Works Supervisor -Facilities (“Project Manager”), or such other person designated as the Project Manager by City;

(g) Be available to the Project Manager, and other parties referred to Contractor by the Project Manager, to answer questions or inquiries related to the Services;

(h) Only invoice City for the Services rendered. Contractor’s invoice shall be in writing and describe the Services performed for the payment requested. Contractor shall not submit an invoice to City more frequently than once a calendar month;

(i) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Contractor and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment.

Contractor shall make the invoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Contractor shall give City 30 calendar-days’ written notice prior to destroying the invoices and records and allow City an opportunity to take possession. If City wants them, Contractor and City shall coordinate their delivery to City in the most efficient manner possible;

(j) Prepare and submit a written report to the Project Manager, within 3 business-days of the Project Manager’s written request, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services;

(k) Contractor shall correct, at its own expense, all errors in the Services.

Should Contractor fail to make such corre ction in a timely manner, City may make the correction and charge the cost thereof to Contractor;

(l) If applicable, Contractor shall ensure that all work for compensation is taken in compliance with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages. If applicable, Contractor shall comply with all prevailing wage laws, such as sections 1773, 1773.8, 17 75, 1776, 1777.5, 1777.6, and 1813 of the California Labor Code and any other applicable wage and hour law. If any violation of prevailing wage law associated with this Agreement is deemed to have occurred by any court or administrative authority, Contractor shall forfeit to the City, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the applicable prevailing rates for any work done to accomplish the purposes of this Agreement; and,

DocuSign Envelope ID: 1E4B4F47-ECD0-402F-BA85-352D9653FF3F

EXHIBIT A
58 Agreement for Services Page 3
Rev. 09.2021
(m) Contractor’s services provided pursuant to this Agreement shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as applicable regulations and guidelines issued pursuant to the ADA.

5. Compensation and Payment.

(a) The total compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum o f $ 500,000 ("not-to-exceed amount"). City shall compensate Contractor for the Services rendered at the hourly rates or task amounts set forth in Exhibit “A” up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates or task amounts are intended to be Contractor’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, travel expenses, overhead and administrative costs , and any-and-all other costs, expenses, and charges incurred by Contractor, its agents, and employees to provide the Services.

(b) City shall pay Contractor no later than 30 days after City receives a written invoice from Contractor and verifies the Services were performed for the payment requested.

6. Term. The term of this Agreement commences on January 1 , 2023, and terminates upon the completion of the Services or December 31, 2024, whichever occurs first.

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

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

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

10. Confidentiality. Contractor shall not disclose any confidential or proprietary information received from City to anyone except Contractor’s employees who requ ire DocuSign Envelope ID: 1E4B4F47-ECD0-402F-BA85-352D9653FF3F

EXHIBIT A
59 Agreement for Services Page 4
Rev. 09.2021
access to the information to perform the Services. This obligation shall survive termination and remain in full force and effect until the information, and any copies thereof, are destroyed or returned to City.

11. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Consultant shall hold harmless, indemnify, and defend with counsel selected by the City or otherwise acceptable to the City, the City and its elected and appointed officials, officers, directors, employees , agents and designated volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services contemplated by this Agreement, or in connection with Consultant’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of City. Consultant’s obligations to hold harmless, indemnify, and defend shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant evaluates Liability and determines that Consult ant is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreemen t. Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City.

(a) Modification for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Consultant’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.

(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Ci vil Code section 2782.8, then Consultant’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e).

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

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

13. Acceptance of Final Payment . Contractor’s acceptance of final pay ment will release City from any and all claims and liabilities for compensation under this Agreement.

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

DocuSign Envelope ID: 1E4B4F47-ECD0-402F-BA85-352D9653FF3F

EXHIBIT A
60 Agreement for Services Page 5
Rev. 09.2021

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: 1E4B4F47-ECD0-402F-BA85-352D9653FF3F

EXHIBIT A
61 Agreement for Services Page 6
Rev. 09.2021
TO CITY: Attention: Public Works Supervisor-Facilities
City of Livermore
3500 Robertson Park Road
Livermore, California 94550
TO CONTRACTOR: Attention: Mehdi Eskandar
Siemens Industry, Incl
25821 Industrial Blvd., Suite 300
Hayward, CA 94545

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

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

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

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

27. Counterparts. This Agreement may be executed and delivered in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email, or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals and shall be valid and effective for all purposes.
**************************************************************************************************** Signatures and Attachment List on the Next Page
DocuSign Envelope ID: 1E4B4F47-ECD0-402F-BA85-352D9653FF3F

EXHIBIT A
62 Agreement for Services Page 7
Rev. 09.2021
In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date first written above.

Dated:
___________________________
Dated:
____________________________
CONTRACTOR:
___________________________
By: Andrew Patton
Title: Fire Service Sales Manager
CITY OF LIVERMORE:
____________________________
Marianna Marysheva
City Manager
APPROVED AS TO FORM:
___________________________
Assistant/City Attorney
APPROVED AS TO INSURANCE:
_______________________
Risk Manager/Analyst
Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements
DocuSign Envelope ID: 1E4B4F47-ECD0-402F-BA85-352D9653FF3F 3/1/2023 | 11:13 AM PST

EXHIBIT A
63 EXHIBIT A

SCOPE OF WORK

1 CONTRACTOR shall provide all the necessary labor, equipment, materials, supplies, and vehicles to perform the following services:

Burglar and Fire Alarm Monitoring Service
CONTRACTOR shall coordinate and administer off-site monitoring of burglar alarm, fire alarm and life safety system via CONTRACTOR or a third-party UL Listed Central Monitoring Station. The fire procedures used in monitoring are in accordance with NFPA 72 and local authorities and can only be altered by the Authority Having Jurisdiction. Daily system tests are standard in fire monitoring to ensure the communication path is operational.

Fire Alarm System Testing and/or Inspection During Business Hours Monday to Friday 8:00 AM to 5:00 PM
CONTRACTOR shall perform testing and/or inspection of the covered fire life systems identified in this agreement by certified specialists using testing protocols specified by NFPA that are required for the facility and according to the listed frequency periods.

Necessary documentation detailing the results of the testing and inspection, including a list of deficiencies that are evident of being a potential fire and life safety compliance issue, shall be provided upon completion of the test.

Three (3) Quarterly NFPA25 sprinkler system inspections During Business Hours Monday to Friday
8:00 AM to 5:00 PM
CONTRACTOR shall perform the required quarterly inspection of the sprinkler system, using NFPA 25/ Title 19 recommended functional test frequencies and methods.

One (1) Annual NFPA25 Sprinkler testing and inspections During Business Hours Monday to Friday
8:00 AM to 5:00 PM
CONTRACTOR shall perform the required annual test and inspection of the sprinkler system, using NFPA 25/ Title 19 recommended functional test frequencies and methods. To complete the fire sprinkler inspection, CONTRACTOR must have access to all areas of the building the day of the inspection. Any return trips due to lack of access, shall be charged as additional cost. Any deficiencies and or repairs shall be noted and billed separately.

Emergency Onsite Response
Respond Onsite Within Next Business Day Monday to Friday 8:00 AM to 5:00 PM
Emergency Onsite Response shall be provided to reduce the costs and disruptions of downtime when an unexpected problem occurs. CONTRACTOR shall provide this service between scheduled service calls and respond onsite within the next business day, Monday to Friday, between 8:00 AM and 5:00 PM for critical emergencies conditions, upon receiving notification of an emergency. Critical emergencies are failures at a system or panel level that would result in the loss of the operation of an DocuSign Envelope ID: 1E4B4F47-ECD0-402F-BA85-352D9653FF3F

EXHIBIT A
64 EXHIBIT A

SCOPE OF WORK

2 entire section of a building or place the facility at high risk. Non-emergency conditions are failures at an individual component level resulting in minimal impact to the overall operation of the facility. Non-emergency conditions may be incorporated into the next scheduled service call or earliest availability.

Written Report of All Services Performed
CONTRACTOR shall complete a service report for each visit detailing the purpose of the call and summarizing the work that was performed.

COMPENSATION:

Refer to specific rate tables on following pages.

Hourly rates for on-call work are subject to increase in line with any NJPA agreement rate increases. Pricing is based on performing fire alarm and sprinkler inspections in conjunction with one another. If the City requires the scope of work to be performed on separate visits, the pricing will be adjusted.

Holidays are defined as the following days: New Year's Day (January 1), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Thanksgiving Day (fourth Thursday in November), Day after Thanksgiving Day (fourth Friday in November), December 24, December 25, New Year's Eve (December 31).

No compensation shall be granted for travel time or parts procurement time.

Compensation for fixed price services (fire sprinkler testing and fire alarm testing) have been priced based on CONTRACTOR being able to perform work at multiple buildings in succession and that they are provided access by City in a timely manner.

DocuSign Envelope ID: 1E4B4F47-ECD0-402F-BA85-352D9653FF3F

EXHIBIT A
65 EXHIBIT A

SCOPE OF WORK

3 Fire Alarm Testing 2023 2024
AIRWAY PUMP STATION: 930 Airway Blvd (no monitoring) 599.81$ 632.80$ ALTAMONT PUMP STATION: 8638 Patterson Rd (8756 Patterson Pass Road) 573.69$ 605.25$ CIVIC CENTER MEETING HALL-1016 S. Livermore Ave 1,315.02$ 1,387.35$ LIVERMORE MAINTENANCE SERVICE CENTER-3500 Robertson Park Rd. 3,271.71$ 3,451.65$ LABORATORY BUILDING 1,366.04$ 1,441.17$ LAVWMA PUMP STATION 573.69$ 605.25$
AIRPORT ADMINISTRATION BUILDING-680 Terminal Circle 1,310.16$ 1,382.22$ AIRPORT BUILDING N10-299 W. Jack London 948.13$ 1,000.28$ AIRPORT ELECTRICAL VAULT-636 Terminal Circle 434.00$ 457.87$ AIRPORT HANGER S1-636 Terminal Circle 434.00$ 457.87$ AIRPORT HANGER S2-636 Terminal Circle 3,605.56$ 3,803.87$ CITY HALL-1052 S. Livermore 2,136.64$ 2,254.15$ FIRE STATION #6-4550 East St. 1,635.87$ 1,725.84$ FIRE STATION #7-951 Rincon Ave. 1,041.61$ 1,098.90$ FIRE STATION #8-5750 Scenic Ave. 918.08$ 968.58$ FIRE STATION #9-1919 Cordoba Street 1,310.16$ 1,382.22$ FIRE STATION #10-330 Airway Ave. 594.26$ 626.94$ GOLF COURSE-909 Clubhouse Drive 1,529.02$ 1,613.12$ LIBRARY CIVIC CENTER-1188 S. Livermore Ave. 8,279.44$ 8,734.81$ LIBRARY RINCON-725 Rincon Ave. 434.00$ 457.87$ LIBRARY SPRINGTOWN-998 Bluebell Drive 434.00$ 457.87$ MULTI-SERVICE CENTER-3311 Pacific Ave. 2,149.97$ 2,268.22$ POLICE DEPARTMENT-1110 S. Livermore 1,669.25$ 1,761.05$ VALLEY CENTER PARKING-2350 Railroad Ave. 1,609.15$ 1,697.65$ OAKVILLE PUMP STATION: 6145 Oakville Lane (no monitoring) 599.81$ 632.80$ RAILROAD DEPOT-2500 Railroad Avenue 1,324.95$ 1,397.82$ I STREET GARAGE-175 I street 1,026.00$ 1,082.43$ VASCO PUMP STATION: 6186 Northfront Rd 573.69$ 605.25$ WATER BUILDING 1,366.04$ 1,441.17$
WATER RESOURCES ADMIN BUILDING-101 W. Jack London Blvd 2,070.12$ 2,183.98$ Fire Alarm Testing Annual Cost 45,133.88$ 47,616.25$ DocuSign Envelope ID: 1E4B4F47-ECD0-402F-BA85-352D9653FF3F

EXHIBIT A
66 EXHIBIT A

SCOPE OF WORK

4 Alarm Monitoring 2023 2024
AIRPORT ADMINISTRATION BUILDING-680 Terminal Circle $737.98 $756.43 AIRPORT ELECTRICAL VAULT F/S $626.17 $641.83
AIRPORT HANGARS NORTH 10 F/S $1,265.15 $1,296.78
AIRPORT HANGARS SOUTH 2 - 13 F/S $626.17 $641.83
AIRPORT SOUTH HANGAR S1 $626.17 $641.83
ALTAMONT PUMP STATION: 8638 Patterson Rd(8756 Patterson Pass Road) (not UL-Listed) $434.17 $445.02 CITY HALL BURG $599.63 $614.62
CITY HALL FIRE $626.17 $641.83
CIVIC CENTER MEETING HALL FIRE-1016 S. Livermore $737.98 $756.43 CIVIC CENTER MEETING HALL BURG- 1016 S. Livermore $1,000.14 $1,025.14 COMMUNICATIONS TOWER $434.17 $445.02
COUNCIL CHAMBERS FIRE $626.17 $641.83
FIRE STATION #6 FIRE $626.17 $641.83
FIRE STATION #7 FIRE $434.17 $445.02
FIRE STATION #8 FIRE $626.17 $641.83
FIRE STATION #9 FIRE $737.98 $756.43
FIRESTATION #10 FIRE $626.17 $641.83
LAS POSITAS GOLF COURSE FIRE $626.17 $641.83
LAS POSITAS GOLF COURSE MAINT BURG $599.63 $614.62
LAS POSITAS GOLF PRO SHOP FIRE $626.17 $641.83
LAVWMA PUMP STATION (not UL-Listed) $434.17 $445.02
MAIN TERMINAL BURG $599.63 $614.62
MAINTENANCE SERVICE CENTER BURG $599.63 $614.62
MAINTENANCE SERVICE CENTER FIRE $626.17 $641.83
MAINTENANCE SERVICE CENTER FIRE BUILDING 3 $626.17 $641.83 MULTI SERVICE CENTER BURG $599.63 $614.62
MULTI SERVICE CENTER FIRE $626.17 $641.83
PARKING GARAGE FIRE $626.17 $641.83
POLICE DEPARTMENT BURG $599.63 $614.62
POLICE DEPARTMENT FIRE $626.17 $641.83
RAILROAD DEPOT-2500 RAILROAD AVENUE $737.98 $756.43
I STREET PARKING GARAGE-175 I Street $1,265.15 $1,296.78 LIBRARY CIVIC CENTER BURG $599.63 $614.62
LIBRARY CIVIC CENTER FIRE $626.17 $641.83
LIBRARY RINCON BURG $599.63 $614.62
LIBRARY RINCON FIRE $626.17 $641.83
LIBRARY SPRINGTOWN BURG $599.63 $614.62
LIBRARY SPRINGTOWN FIRE $434.17 $445.02
TREVARNO PUMP STATION $434.17 $445.02
VASCO PUMP STATION: 6186 Northfront Rd (not UL-Listed) $434.17 $445.02 WATER RESOURCE BUILDING: 101 W. Jack London Blvd (not UL-Listed) $434.17 $445.02 Alarm Monitoring Annual Cost 25,997.27$ 26,647.20$ DocuSign Envelope ID: 1E4B4F47-ECD0-402F-BA85-352D9653FF3F

EXHIBIT A
67 EXHIBIT A

SCOPE OF WORK

5 Fire Sprinkler Testing
5-Year Certification Tests are included for buildings with price listed in bold font The 5 year sprinkler certification is required every 5 years as per NFPA25/title 19 fire protection code. 2023 2024
AIRPORT ADMINISTRATION BUILDING (new, 680 Terminal Circle) 2,096.28$ $4,290.43 AIRPORT ADMINISTRATION BUILDING AND HANGARS (old, 636 Terminal Circle) 13,195.11$ $40,898.84 AIRWAY PUMP STATION: 930 Airway Blvd 1,354.24$ $790.87 ALTAMONT AIRWAY PUMP STATION-8638 Patterson Rd 1,354.24$ $790.87 DOOLAN COMMUNICATION TOWER (Fire Suppression System, 3801 Doolan Road) 2,188.55$ $1,278.09 LABORATORY BUILDING 3,280.64$ $1,915.87 LAVWMA PUMP STATION 1,354.24$ $790.87
OAKVILLE PUMP STATION: 6145 Oakville Lane 1,354.24$ $790.87 VASCO PUMP STATION: 6186 Northfront Rd 1,354.24$ $790.87 WATER BUILDING 3,665.70$ $2,194.26
WATER RESOURCES BUILDING-101 W. Jack London Blvd 3,757.07$ $2,248.95 FIRE STATION #6 2,654.07$ $1,043.48
FIRE STATION #7 2,654.07$ $1,043.48
FIRE STATION #8 2,654.07$ $1,043.48
FIRE STATION #9 2,096.28$ $4,211.26
FIRE STATION #10 2,654.07$ $1,043.48
POLICE STATION 5,308.15$ $2,086.96
LIBRARY CIVIC CENTER-1188 S. LIVERMORE 5,308.15$ $2,086.96 LIBRARY RINCON 5,308.15$ $2,086.96
CITY HALL- 1052 S. LIVERMORE 3,981.11$ $1,565.22 COUNCIL CHAMBERS 2,654.07$ $1,043.48
MAINTENANCE SERVICE YARD (COMPRISED OF 9 SEPARATE BUILDINGS) 23,886.65$ $9,391.29 PARKING GARAGE 5,308.15$ $2,086.96
CIVIC CENTER MEETING HALL-1016 S. Livermore 2,457.28$ $2,518.71 RAILROAD DEPOT 2,509.51$ $2,572.24
I STREET GARAGE- 175 I STREET 1,827.00$ $1,872.68 Sprinkler Service Annual Cost 106,215.29$ 92,477.41$ 2023 2024
TOTAL ANNUAL COST FOR ROUTINE SERVICE 177,346.45$ 166,740.86$ The prices listed under sprinkler inspections in bold font include the 5 year certification test that is due for those specific buildings in that year. All proposed costs above are based on performing fire alarm and sprinkler inspections in conjunction of one another. If the City requires the SOW (scope of work) to be performed on separate visits, pricing will need to be adjusted to account for fire alarm technician at FACP for all of the buildings which will increase the overall cost. Scope is per NFPA72 & NFPA25/ title 19 requirements and testing methods. Pricing will need to be updated with Sourcewell rates should they change throughout the 2 year term of this agreement. Above listed price per building/service is a rough breakdowns per customer's request. Pricing adjustments will be needed should the total scope of services/buildings change. Pricing is also based on the Airport providing adequate personnel to open all of the hangers during inspections. Any delays in excess of 15 mins may need to be billed on a change order.

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EXHIBIT A
68 EXHIBIT A

SCOPE OF WORK
6 RATES FOR ADDITONAL MAINTENANCE WORK
FIRE TECH HOURLY RATES FOR ADDITIONAL WORK 2023 2024
Regular Time 180.00$ 180.00$
After-Hours (Mon-Fri 8AM-5PM & Sat 8AM-5PM) 270.60$ 270.60$ Sundays/Holidays (Double Time) 360.80$ 360.80$

FIRE PROJECT MANAGEMENT HOURLY RATES FOR ADDITIONAL WORK Regular Time 215.32$ 215.32$
After-Hours (Mon-Fri 8AM-5PM & Sat 8AM-5PM) 322.98$ 322.98$ Sundays/Holidays (Double Time) 430.65$ 430.65$

SPRINKLER FITTER HOURLY RATES FOR ADDITIONAL WORK
Regular Time 243.56$ 243.56$
After-Hours (Mon-Fri 8AM-5PM & Sat 8AM-5PM) 365.34$ 365.34$ Sundays/Holidays (Double Time) 487.12$ 487.12$

SECURITY TECH HOURLY RATES FOR ADDITIONAL WORK
Regular Time 188.55$ 188.55$
After-Hours (Mon-Fri 8AM-5PM & Sat 8AM-5PM) 282.82$ 282.82$ Sundays/Holidays (Double Time) 377.09$ 377.09$

SECURITY PROJECT MANAGEMENT TECH HOURLY RATES FOR ADDITIONAL WORK Regular Time 218.81$ 218.81$
After-Hours (Mon-Fri 8AM-5PM & Sat 8AM-5PM) 328.22$ 328.22$ Sundays/Holidays (Double Time) 437.62$ 437.62$

HVAC TECH HOURLY RATES FOR ADDITIONAL WORK
Regular Time 250.23$ 250.23$
After-Hours (Mon-Fri 8AM-5PM & Sat 8AM-5PM) 375.35$ 375.35$ Sundays/Holidays (Double Time) 500.46$ 500.46$
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EXHIBIT A
69 EXHIBIT B

INSURANCE REQUIREMENTS

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

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

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

3. Workers’ Compensation and Employer's Liability:

Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability”.

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

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

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

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

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

Revised 9/21/2015 B2 – 2M

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

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

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

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

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

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

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

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EXHIBIT A
71 CITY COUNCIL STAFF REPORT
ITEM NO. 5.6

DATE:

March 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing execution of a license agreement with Trilateral LLC that will allow the public to park in the parking lot of the former Bank of the West building at 2287 Second Street.

RECOMMENDED ACTION

The term of the agreement is April 1, 2023 to March 31, 2028.

SUMMARY
Trilateral LLC is the new owner of the property at 2287 Second Street which contains the former Bank of the West building and a parking lot with 27 spaces. This license agreement will allow the public to share this parking lot with the new occupants of the building. The City will pay Trilateral LLC $100 per month for every parking space in the parking lot. The agreement allows the City to modify the parking lot to increase the number of parking spaces to 50. Attachment 1 shows the location of the property and Attachment 2 displays the layout of the modified parking lot. During business hours Monday through Friday, from 8:00 a.m. to 5:00 p.m., half of the spaces will be reserved for the new occupants of the building and half of the spaces will be available for the public. Outside of business hours, all of the spaces will be available for the public. This agreement begins on April 1, 2023, and will terminate after five years on March 31, 2028, unless extended by both parties.

DISCUSSION
On January 30, 2018, the City Council approved the downtown core development plan and directed staff to maintain the existing parking supply during all phases of downtown development. This lease agreement with Trilateral LLC will provide additional public parking during major downtown development activities such as the construction of the L Street Garage, the expansion of Blacksmith Square, and construction of Eden Housing. These development activities will temporarily displace parking. The lease agreement with Trilateral LLC will provide up to 50 public parking spaces during peak demand on nights and the weekend. Attachment 1 shows the location of the Trilateral LLC property. These parking spaces 72 are south of First Street in an area that currently has limited public parking at night and on the weekends.

The I Street Garage is now open north of the movie theater; however, this location is further from the businesses south of First Street.

This lease agreement with Trilateral allows the public to share the parking spaces in the former Bank of the West parking lot at 2287 Second Street beginning April 1, 2023. There are currently 27 spaces in the parking lot. During business hours, Monday through Friday 8:00 a.m. to 5:00 p.m., 14 spaces will be reserved for the new occupants of the building. The remaining 13 spaces will be available for the public during business hours. Outside business hours, all of the spaces will be available for the public. The City will pay $100 per space, per month or $2,700 per month for the 27 spaces.

The lease agreement allows the City to modify the parking lot to increase the number of parking spaces as shown in Attachment 2. This work will be done as part of Downtown Surface Parking Project 2021-20 and will consist of demolishing the drive through ATM, installing some new lights, minor landscape modifications, and relocating some Americans with Disabilities Act (ADA) parking spaces. The work is planned for late summer or fall of this year and will increase the number of parking spaces to 50. These parking spaces will be shared equally between the public and the new occupants of the building during business hours. All 50 spaces will be available for the public outside of business hours. The City will pay $100 per space per month or $5,000 per month for the 50 spaces.

The agreement will commence on April 1, 2023, and will extend five years through March 31, 2028. If agreed by both parties, the agreement can be extended.

ENVIRONMENTAL DETERMINATION

Entering into the license agreement is not a “project” as defined in CEQA Guidelines Section 15378 since it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. However, even if it were considered a "project" it would be exempt from CEQA under Guidelines Section 15301 (Existing Facilities) in that any improvements permitted under the license agreement would constitute a minor alteration of an existing facility involving negligible or no expansion of existing or former use.

FISCAL AND ADMINISTRATIVE IMPACTS
Monthly payments for this lease agreement will begin at $2,700 and increase to $5,000 when all 50 spaces are available. It will cost an estimated $250,000 to expand the parking lot to 50 spaces. Costs associated with the parking lease agreement and the parking lot improvements are included in the budget for Downtown Surface Parking Project 2021-20 in the 2021-2023 Capital Improvement Plan. The project is funded with General Funds (Fund 001) and Parking in Lieu Fees (Fund 335). The City will maintain the parking lot during the term of the lease. Operation and maintenance costs of $20,000 per year are estimated for the parking lot.

These costs will be funded from the operating budget with Facilities Rehabilitation Program Fees (Fund 740).

ATTACHMENTS

1. Location Map

2. Expanded Parking Lot

3. Resolution
73 4. Exhibit A - Trilateral LLC License Agreement

Prepared by: Joel Waxdeck
Assistant City Engineer

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
74 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. The City of Livermore is not responsible for misuse or errors or omissions on this map. All information should be confirmed. 2287 Second Street Site Map
823
Information Technologies, GIS Division, City of Livermore 137.2
Legend
1:

NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US Feet0 137.268.60 Notes
2/10/2023Date Printed:

City Limits
AddressPt (0-1250)
No
Yes
Street Names (0-2500)
Golf Labels
Creeks
Public Facilities 0-4500)
Park Names (0-4500)
School Names (0-4500)
Parcels
ATTACHMENT 1
75 Dote By Rev.
• EXISTING LIGHTS
C:'._:_3 NEW LANDSCAPE AREA
TOTAL NUMBER OF SPACES= 50 SPACES
PRIVATE PARKING DURING BUSINESS HRS =
ADA SPACES= 3 SPACES

CITY OF LIVERMORE

EXHIBIT A

PARKING LOT LAYOUT
Own: EIR
Ckd: JW
Dote: 6/30/21 NO.

Scale: 1 "=40'
City Engineer

EXHIBIT A
ATTACHMENT 2
76 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE

AGREEMENT WITH TRILATERAL LLC TO ALLOW THE PUBLIC TO PARK IN THE PARKING LOT LOCATED AT 2287 SECOND STREET
Trilateral LLC is the property owner of real property, located at 2287 Second Street, which contains the former Bank of the West building and a parking lot with 27 spaces. Pursuant to the terms of a license agreement between Trilateral LLC and the City of Livermore (“City”), attached hereto as Exhibit A, Trilateral LLC will allow the public to share use of the parking lot with the new occupants of the building. The City will pay Trilateral LLC $100 per month for joint use of the parking lot. The license agreement allows the City to modify the parking lot to increase the number of parking spaces to 50.

During regular business hours, from 8:00a.m. to 5:00p.m., Monday through Friday, half of the spaces will be reserved for the new occupants of the building, and half of the spaces will be available for the public. Outside of business hours, all parking spaces will be available for the public. The license agreement commences on April 1, 2023, and will terminate after five years, on March 31, 2028, unless extended in writing by both parties.

Entering into the license agreement is not a “project” under CEQA Guidelines Section 15378 since it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Even if it were considered a “project” under CEQA, it would be exempt under Guidelines Section 15301 (Existing Facilities) in that any improvements permitted under the license agreement would constitute a minor alteration of an existing facility involving negligible or no expansion of existing or former use.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that entering into the license agreement is not a “project” as defined in CEQA Guidelines Section 15378. Alternatively, if it were considered a “project” under CEQA, it would be exempt under Guidelines Section 15301 (Existing Facilities).

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Livermore hereby adopts a resolution authorizing the City Manager to execute a license agreement with Trilateral LLC, attached hereto as Exhibit A, to allow the public to park in the parking lot of the former Bank of the West building located at 2287 Second Street.
77 RESOLUTION NO. ________
On motion of Council Member _______________________, seconded by Council Member _______________________, the foregoing resolution was passed and adopted on March 13, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Kimberly Cilley
Marie Weber Kimberly Cilley
City Clerk Senior Assistant City Attorney
Exhibit A – Trilateral LLC License Agreement
78 MLT(2287 Second St_City of Livermore_AG_041921)lc Page 1

LICENSE AGREEMENT
(Parking)
This License Agreement ("Agreement") is dated, 2023, for reference purposes only, and is made by and between Trilateral LLC (“Licensor”) and the City of Livermore ("Licensee").

RECI
TALS
A. Licensor is the owner of certain real property in the City of Livermore, California (“Trilateral Property”) commonly known as 2287 Second Street, Livermore, California.

The Trilateral Property is improved with an approximate 7,676 square foot bank building, a drive through structure, and parking areas. At the time this Agreement is entered into, a portion of the Trilateral Property is improved with twenty-seven (27) paved parking spaces.

B. The drive through structure located on the Trilateral Property shall be removed by Licensee in order to create twenty-three (23) additional paved parking spaces, for a total of fifty (50) paved parking spac
es.

Licensee desires to obtain an exclusive license from Licensor for the use of fifty (50) paved parking spaces on the Trilateral Property, and Licensor is willing to grant a license to Licensee, subject to the terms and conditions of this Agreement.

D. These Recitals shall be incorporated into and made a part of this Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, and other good and valuable consideration, the receipt of which and sufficiency of which is hereby acknowledged, Licensor and Licensee hereby agree as follows:

1. Grant of License. Subject to the terms and conditions of this Agreement, Licensor hereby grants to Licensee a license to use fifty (50) paved parking spaces for public parking on the Trilateral Property (“Trilateral Parking Area ”) as shown on the diagram attached hereto and incorporated by reference as Exhibit A.

2. Impro
vements. Licensee shall be solely responsible for the Improvements necessary to i
nstall 50 paved parking spaces on the Trilateral Parking Area. “Improvements” shall include, but not be limited to, the demolition of the existing drive through area, the restriping and relocation of landscape areas, the addition of lighting, the connections to existing electrical lines and irrigation lines, the relocation of ADA spaces and similar work necessary to install the paved parking spaces as set forth in Exhibit A. During the construction of the Improvements, the number of available parking spaces may fluctuate due to construction activities.

3. Conditions of Use. Prior to the Improvements being constructed and during the course of construction, Monday through Friday, from 8:00a.m. to 5:00p.m., approximately half of the available paved parking spaces (approx. 14 spaces) will be reserved for private use by the building tenants only. The remaining available paved parking spaces (approx. 13 spaces) will be reserved for use by the public.

Following completion of the Improvements, Monday through Friday, from 8:00 a.m. to 5:00 p.m., the

EXHIBIT A
79 MLT(2287 Second St_City of Livermore_AG_041921)lc Page 2 twenty-five (25) paved parking spaces closest to the bank building entrance shall be reserved for private use by the building tenants only; the other twenty-five (25) paved parking spaces shall be available for use by the public. After 5:00 p.m. on weekdays, and on weekends, all fifty (50) paved parking spaces shall be available for use by the public. The City of Livermore shall install signs to make these conditions and time limitations clear to the public.

Licensee shall designate the parking spaces reserved for use by the building tenants and the public on the site plan for the Trilateral Parking Area, subject to approval by Licensor. Such approval shall not be unreasonably withheld.

4. Term of License Agreement. Except as otherwise provided herein, the term of the License ("Term") shall commence on April 1, 2023, and shall terminate on March 31, 2028. If Licensor and Licensee agree to extend the Term of this Agreement (without any obligation to do so), any such extension shall be in writing and signed by Licensor and Licensee in order to be effective.

5. Monthly Payments. In consideration of the grant of the License, Licensee agrees to pay Licensor the sum of Two Thousand Seven Hundred and No/100 Dollars ($2700), per month, beginning the first month after the agreement is signed by both parties, until the Improvements identified in Exhibit A are constructed. Upon completion of the Improvements, or by January 1, 2024, whichever is earlier, the Licensee agrees to pay Licensor the sum of Five Thousand and No/100 Dollars ($5,000) per month during the remaining Term of this Agreement (“ Monthly Payment”) payable by the first (1st) business day of each month and prorated for any partial month. Monthly Payments shall be made payable to Licensor and shall be payable at the Licensor address set forth in Section 18 of this Agreement. If the Monthly Payment is not received by the fifth (5th) day of the month, then a late fee of Two Hundred and No/100 Dollars ($200.00) shall be due and payable. If Licensor provides the appropriate banking information to Licensee, Licensee may, but shall not be required to, make the Monthly Payment by electronic transfer directly into Licensor’s bank account.

6. Operation of Trilateral Parking Area. During the Term of this Agreement, Licensee, at Licensee’s expense, shall be responsible for the operation, maintenance and repair of the Trilateral Parking Area in compliance with this Agreement and all applicable laws. Licensee shall be responsible to pay for all operating, maintenance and repair expenses relating to the Trilateral Parking Area. During the Term of this Agreement, Licensee shall be responsible for any damages caused by the use of the paved parking spaces in the Trilateral Parking Area by Licensee or Licensee’s agents, employees, representatives or invitees in accordance with Section 3 of this Agreement. Licensor shall be responsible for any damages caused by the use of the paved parking spaces in the Trilateral Parking Area by Licensor or Licensor’s agents, employees, representatives or invitees in accordance with Section 3 of this Agreement. Licensor shall also be solely responsible for the maintenance of all landscaping and lighting in the Trilateral Parking Area, including but not limited to landscape water usage and lighting and electricity usage.

7. Condition of Property; Improvements; Legal Compliance.

(a) Licensee acknowledges and agrees that for purposes of the public parking uses to be conducted on the Trilateral Parking Area under this Agreement: (i) the Licensee and the general public are entering on the Trilateral Parking Area at their own risk; (ii) the Licensee and the general public are accepting and entering upon the Trilateral Parking Area in its presently existing condition, “AS IS,” with all faults; (iii) Licensor has made no representations regarding the safety or suitability of the Trilateral Parking Area for the proposed use and has no obligation to improve, alter, secure or make safe the Trilateral Parking Area for purposes of the proposed use or to correct any unsafe or other conditions existing on any portion of the Trilateral Parking Area; and (iv) Licensor shall have no liability or obligation to Licensee or

EXHIBIT A
80 MLT(2287 Second St_City of Livermore_AG_041921)lc Page 3 to the public for any injury to persons (including death or disease) or damage to property arising in the course of the use of the Trilateral Parking Area as a result of any physical conditions existing on the Trilateral Parking Area, except for injuries or damage to property arising in the course of Licensor or Licensor’s agents, employees, representatives or invitees use of up to the twenty-five (25) parking spaces designated for private use by building tenants, Monday through Friday, from 8:00a.m. to 5:00 p.m. Licensee shall not have to restore the premises to its original condition but at the end of the term shall abide by all the terms in this agreement.

(b) No later than 72 hours prior to the commencement of construction of the Improvements, Licensee shall notify Licensor that construction will be commenced. Licensee shall coordinate with Licensor prior to making any modifications to the existing landscaping and lighting system, other than those Improvements permitted under Section 2 of this Agreement. The parties acknowledge that construction of the Improvements may impact the use of a portion, or all, of the Trilateral Parking Area and may result in noise and vibration. To the extent feasible, Licensee shall take reasonable measures to maintain building tenant parking during construction and to minimize noise and vibration generated by construction activities. However, Licensor acknowledges that there may be certain dates where most or all of the lot is closed during construction for activities such as restriping. (c) Throughout the term of this Agreement, Licensee shall maintain the Trilateral Parking Area in a clean condition, free of debris. Licensee shall maintain the adjoining public street areas, free of any dirt or construction debris attributable to the Trilateral Parking Area or to the vehicles and equipment using the Trilateral Parking Area. Licensee shall also have the right to construct, at Licensee’s sole cost, the fifty (50) designated paved parking spaces, including the demolition of the drive-through structure, resurfacing and restriping of the parking lot, and any other improvements deemed necessary. The Improvements shall be constructed by Licensee in a workmanlike and professional manner, in accordance with all applicable laws and requirements and in accordance with plans and specifications approved in writing by Licensor (which approval shall not be unreasonably withheld, delayed or conditioned). Licensee shall not be required to maintain any landscape, walkways, medians, lighting or similar improvements near or adjacent to the 50 paved parking spaces in the Trilateral Parking Area.

(d) If any permits, licenses or other approvals are required under applicable law to be obtained from any governmental authority in connection with the construction of improvements and/or use of the Trilateral Parking Area by Licensee, Licensee shall be solely responsible for obtaining such permits, licenses or other approvals at its sole cost.

(e) Licensee shall keep the Trilateral Parking Area free and clear from any and all liens arising out of or in connection with the construction of any temporary improvements or any other work performed by Licensee or Licensee’s contractors on or about the Trilateral Parking Area. If any lien is filed or asserted against the Property based on Licensee’s use of the Trilateral Parking Area, Licensee shall promptly (and in all events within 20 days after receiving notice that such lien has been filed) take all actions necessary to discharge such lien. If Licensee fails to discharge any such lien in a timely manner, Licensor shall have the right, but not the obligation, to expend all sums reasonably necessary to discharge the lien and Licensee shall reimburse Licensor, within 10 days after written demand by Licensor, for all sums expended by Licensor in discharging the lien, including, without limitation, attorneys’ fees, plus interest on such sums from the date expended by Licensor until reimbursed by Licensee at the maximum interest rate permitted under California law.

8. Licensee Insurance. The City of Livermore is self-insured for General and Auto Liability up to a self-insured retention (SIR) of $750,000 and for Workers’ Compensation up to an SIR of $500,000.

The City is a member of California Joint Powers Risk Management Authority (CJPRMA), an excess

EXHIBIT A
81 MLT(2287 Second St_City of Livermore_AG_041921)lc Page 4 insurance pool for General and Auto Liability, and of Local Agency Workers’ Compensation Excess (LAWCX), an excess insurance pool for Workers’ Compensation for claims that exceed the SIR.

Copies of Memoranda of Coverage with the insu rance pools or certificates of insurance are available upon request.

9. Effective Waiver. No waiver by a party of any provision in this Agreement shall be considered a waiver of any other provision or any subsequent breach of the same or any other provision including the time for performance of any such provision. The exercise by a party of any remedy provided in this Agreement or at law shall not prevent the exercise by that party of any other remedy provided in this Agreement or at law.

10. Amendments. This Agreement may be amended at any time and from time to time, but any amendment shall be in writing and signed by both Licensee and Licensor.

11. Governing Law. This Agreement is executed and intended to be performed in the State of California, and the laws of that state shall govern its interpretation and effect. In the event of any litigation or legal proceedings concerning this Agreement, venue shall be in Alameda County.

12. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

13. Entire Agreement. This instrument contains the entire agreement of the parties relating to the rights granted and obligations assumed in this instrument. Any oral representations or modifications concerning this instrument shall be of no force or effect unless contained in a subsequent written modification signed by the party to be charged. There are no third-party beneficiaries of this Agreement.

14. Duty to Implement This Agreement. Each party hereto will execute and deliver any and all additional instruments and documents, and perform such further acts, as may be reasonably necessary to make effective the terms and conditions of this Agreement.

15. Legal Expenses. In the event of any action at law or in equity, including an action for declaratory relief, between the parties arising from or in connection with this Agreement, then the prevailing party ("Prevailing Party") in such action shall be entitled to recover from the other party a reasonable sum as attorneys' fees and costs plus interest at the maximum rate allowed by the law from the date any payment should have been paid until the time at which it is paid. The Prevailing Party shall be determined in accordance with Civil Code Section 1717(b)(1) or any successor statute.

16. Time of Essence. Time is of the essence of each and every provision of this Agreement.

17. Authority. Each person signing this Agreement on behalf of either Licensor or Licensee warrants and represents to Licensor and Licensee, as applicable, that such person is duly and fully authorized to enter into this Agreement on behalf of such entity, that this Agreement will be binding upon such entity and that the execution of this Agreement has been approved and ratified as required by the organizational documents of such entity.

18. Notice. All notices, requests and demands to be made hereunder to the parties hereto shall be made in writing to the addresses set forth below and shall be given by any of the following means: (a) personal service, (b) Federal Express or other nationally recognized courier or delivery service with

EXHIBIT A
82 MLT(2287 Second St_City of Livermore_AG_041921)lc Page 5 guaranteed overnight delivery, or (c) by FAX or electronic transmission. Such addresses may be changed by notice to the other parties given in the same manner as provided above. Any notice, demand or request sent in the manner described herein shall be deemed received upon the actual delivery thereof. Refusal to accept delivery of any notice, request or demand shall be deemed to be delivery thereof.

To Licensor: Trilateral LLC
c/o Charles Hahn
58 Live Oak Drive
Danville, California 94506
Phone: (510) 695-0674
E-Mail: [email protected]

To Licensee: City of Livermore
c/o Bob Vinn, City Engineer
1052 South Livermore Avenue
Livermore, CA 94550
Phone : (925) 960-4500
E-Mail: [email protected]

IN WITNESS WHEREOF, Licensor and Licensee have executed this License Agreement per below:

LICENSOR: LICENSEE:

Trilateral LLC City of Livermore

By: By:

Name Printed: Alex Hahn Name Printed:

Title: Owner & Principal Title:

Date: Date:

Approved as to Form:

Name Printed: Kimberly Cilley

Title: Senior Assistant City Attorney

EXHIBIT A
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EXHIBIT A
84 CITY COUNCIL STAFF REPORT
ITEM NO. 5.7

DATE:

March 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution authorizing the City Manager to execute an agreement with CR Consulting for Organizational Change Management services in preparation of implementing an Enterprise Resource Planning system to ensure organizational acceptance and readiness of process and system changes in an amount not-to-exceed $200,000.

RECOMMENDED ACTION

SUMMARY
The City of Livermore currently uses Central Square's FinancePLUS software for financial and human resources needs and CommunityPLUS software for utility billing and receipting. The current software is over 22 years old and is approaching its end of life. The City recently contracted with Tyler Technologies for a new ERP software solution to replace Central Square and help automate and better manage business processes across finance and human resources operations. During the transition, the City will need the services of a professional Change Management expert to prepare staff for the upcoming changes in procedures and technology. City staff interviewed several providers for Organization Change Management (OCM) services and found CR Consulting to be best aligned with City needs and is recommending that an agreement be reached with them.

DISCUSSION
The City's current finance and human resources software was originally purchased in 1999 and went live in 2000. Over the 22 years of using this software, the City procedures and policies have been developed to support the system being used. The new ERP system will bring radical changes and therefore, both procedures and several policies may need to be updated. 85 The new ERP system will include several modules that will be implemented over the next two to three years. The table below outlines major highlights on anticipated changes associated with these modules .

MODULE

CURRENT STATUS

ANTICIPATED CHANGES

STAFF IMPACTED
Payroll
· Paper timesheets
· Manual signatures &
approvals
· Manual input in system
· Use of paper forms for all
changes
· Manual calculations of
Family and Medical Leave Act
(FMLA) and Fair Labor
Standard Act (FLSA) for
affected employees
· Electronic timesheets
· Approvals using system
workflows
· Automatic entry for
processing
· Automatic calculations
· Self-service portal for
employee originated changes
· Paycheck simulator
All Employees,
Departments and
Finance
Human
Resources
· Manual onboarding process
· Lengthy personnel action
form process
· No tracking of reviews,
certifications, and training etc.
in system
· Automated personnel action
process
· Track reviews, certifications,
and training etc. in the system
· Set up performance goals
All Employees,
Departments and
Human Resources
Procurement
including
Purchase
orders, Contract
Management
and Account
Payables
· Paper requisitions with
manual approvals
· Manual input and budget
check
· No ability to attach backup
documentation
· No ability to track purchases
· Manual input & approval of
claims
· Many steps for ensure
accurate account coding
· Manual vendors set up

· System generated
requisitions and purchase order
· Contract management ability
· System interconnected with
other modules
· Automatic budget approval
and check
· System generated and
controlled account coding
· Full tracking from requisition
to vendor payments
· Vendor self-service portals

Departments, Finance
and Vendors
86 General Ledger
· Chart of account set up is
not aligned with current needs
· Limited reporting capabilities
· No automated process for
approvals or routing
· Manual process for Journal
Entries
· New chart of accounts to
match City’s reporting needs
· Expanded reporting and data
downloads
· Workflow capability for routing
and approvals
· Decentralized entries allowed
Departments and
Finance
Budget
· Process done in a sub-
system not connected to main
financial system
· No ability for automated
approvals and review
· Expanded process allowing
decentralized entries
· Automated approvals and
workflow
· System connected with all
modules to allow seamless
entry and control
Departments and
Finance
Billing,
receivables and
payments

· Accounts Receivable is
done using spreadsheets
· No system generated billing

· Module supports billing and
receivables
· Tracks revenues against
receivables

Customers,
Departments and
Finance

As demonstrate
d in the table above, there is a significant gap between current state and future state that must be handled using established OCM techniques.

The OCM Contractor shall lead the City to solve
complex challenges using a methodology with a focus on the people side of change, including changes in business processes, systems, and technology. The OCM Contractor will help create an environment of acceptance that will assist with the implementation of upcoming change. By implementing change management strategies, staff will maximize City employee’s adoption and usage and minimize resistance to change.

There are multiple ERP phases being implemented concurrently. Utilizing change management strategies, the OCM Contractor shall work to drive for faster adoption of the new ERP Solution and provide advice and guidance to the City's leadership to discuss OCM goals as well as understand City employees' issues and concerns.

FISCAL AND ADMINISTRATIVE IMPACTS
The CR Consulting services are expected to cost an amount not-to-exceed $200,000. There are sufficient funds includes in the FY 2022-23 General Fund budget to pay for the recommended services.

ATTACHMENTS

1. Resolution

2. Exhibit A - CR Consulting Agreement
87 Prepared by: Mahin Shah
ERP Project Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

AN AGREEMENT WITH CR CONSULTING FOR ORGANIZATIONAL

CHANGE MANAGEMENT (OCM) SERVICES IN AN AMOUNT
NOT-T0-EXCEED $200,000
On November 14, 2022, the City of Livermore (City) entered into a contract for Enterprise Resource Planning (ERP) software for its next version of a software program, with Tyler Technologies, Inc. (Tyler).

Subsequently, staff recognized a need for professional services for Organizational Change Management, in preparation of implementing an ERP system to ensure organizational acceptance and readiness of process and system changes resulting from the implementation of the ERP software.

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

1. Authorizes the City Manager to execute the agreement with CR Consulting, attached hereto as Exhibit A and incorporated by this reference, for Organizational Change Management services in an amount not-to-exceed $200,000.

2. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed agreement.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on March 13, 2023, 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 with CR Consulting
89 Professional Services Agreement Page 1
Rev. 09.2021

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2023, by and between the City of Livermore (“City”), a municipal corporation, and CR Consulting (“Consultant”), a sole proprietorship.

RECITALS
City requires professional services for O rganizational Change Management in preparation for implementing an Enterprise Resource Planning ("ERP") system to ensure organizational acceptance and readiness for process and system changes.

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

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

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

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

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

Organizational Change Management in preparation for implementing an Enterprise Resource Planning ("ERP") system to ensure organizational acceptance and readiness for process and system changes

4. Consultant’s Responsibilities. Consultant shall:
(a) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;
(b) Provide the res ources necessary to complete the Services in a timely manner as defined in the Statement of Work (Exhibit "A"); DocuSign Envelope ID: 4CA377C0-364E-4753-9E33-0683B470B144

EXHIBIT A
90 Professional Services Agreement Page 2
Rev. 09.2021
(c) Obtain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
(d) Obtain and keep in effect all necessary licenses , permits, qualifications, insurance, and approvals legally and professionally required for Consultant to practice its profession and to provide the Services;
(e) Comply with all laws in effect that are related to Consultant and the Services;
(f) Coordinate the Services with Mahin Shah, ERP Project Manager (“Project Manager”), or such other person designated as the Project Manager by City; (g) Be available to the Project Manager , and other parties referred to Consultant by the Project Manager, to answer questions or inquiries related to the Services;
(h) Only invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested . Consultant shall not submit an invoice to City more frequently than once a calendar month; (i) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment.

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

Should Consultant fail to make such corre ction in a timely manner, City may make the correction and charge the cost thereof to Consultant;
(l) If applicable, Consultant shall ensure that all work for compens ation is provided in compliance with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages. If applicable, Consultant shall com ply with all prevailing wage laws, such as sections 1773, 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the California Labor Code and any other applicable wage and hour law. If any violation of prevailing wage law associated with this Agreement is deemed to have occurred by any court or administrative authority, Consultant shall forfeit to the City, as a DocuSign Envelope ID: 4CA377C0-364E-4753-9E33-0683B470B144

EXHIBIT A
91 Professional Services Agreement Page 3
Rev. 09.2021
penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the applicable prevailing rates for any work done to accomplish the purposes of this Agreement; and,

(m) Consultant’s services provided pursuant to this Agreement shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.

5. Compensation and Payment.

(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum o f $200,000 ("not-to-exceed amount"). City shall compensate Consultant for the Services rendered at the hourly rates, task amounts or travel expenses set forth in Exhibit “A” up to the not -to-exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts or travel expenses are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs , and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.

(b) City shall pay Consultant no later than 30 days after City receives a written invoice from Consultant and verifies the Services were performed for the payment requested.

6. Term. The term of this Agreement commences on March 14, 2023, and terminates upon the completion of the Services or August 15, 2024, whichever occurs first.

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

8. Termination by Consultant. Consultant may terminate any portion or all of the Services by giving City at least 30 calendar -days written notice. Upon receipt of a termination notice, Consultant will be responsible to complete work in progress deliverables and then assemble the work on the Services for delivery to City on the termination date. All compensation for Servic es performed prior to the termination date shall be payable to Consultant in accordance with Section 5.

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

10. Copyright and Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all DocuSign Envelope ID: 4CA377C0-364E-4753-9E33-0683B470B144

EXHIBIT A
92 Professional Services Agreement Page 4
Rev. 09.2021
intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disclosed by Consultant to City and Consultant obtains a license to such items fo r the benefit of City. All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.

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

12. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Consultant shall hold harmless, indemnify, and defend with counsel selected by the City or otherwise acceptable to the City, the City and its elected and appointed officials, officers, directors, employees, agents and designated volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services contemplated by this Agreement, or in connection with Consultant’s failure to comply with any of its obligations contained in this Agreement , except for such Liability caused by the sole active negligence or willful misconduct of City. Consultant’s obligations to hold harmless, indemnify, and defend shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City.

(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Consultant’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e).

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

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

DocuSign Envelope ID: 4CA377C0-364E-4753-9E33-0683B470B144

EXHIBIT A
93 Professional Services Agreement Page 5
Rev. 09.2021

14. Acceptance of Final Payment. Consultant’s acceptance of final pay ment will release City from any and all claims and liabilities for compensation under this Agreement.

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

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

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

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

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

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

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

DocuSign Envelope ID: 4CA377C0-364E-4753-9E33-0683B470B144

EXHIBIT A
94 Professional Services Agreement Page 6
Rev. 09.2021

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

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

TO CITY: Attention: Mahin Shah, ERP Project Coordinator City of Livermore
1052 S Livermore Avenue
Livermore, California 94550

TO CONSULTANT: Attention: Katie Regan
CR Consulting
1723 5th Avenue
Sacramento, CA 95818

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

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

26. Survival. The terms, conditions, and obligations in Sections 9, 10, 11, and 12 shall survive the completion or termination of this Agreement.

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

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

DocuSign Envelope ID: 4CA377C0-364E-4753-9E33-0683B470B144

EXHIBIT A
95 Professional Services Agreement Page 7
Rev. 09.2021

29. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other similar acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re -commence performance as promptly as commercially practicable.

*********************************************************************************************

Signatures and Attachment List on the Next Page
DocuSign Envelope ID: 4CA377C0-364E-4753-9E33-0683B470B144

EXHIBIT A
96 Professional Services Agreement Page 7
Rev. 09.2021

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

CONSULTANT: Dated:

____________________________ ___________________________ By: Katie Regan
Title: Consultant

CITY OF LIVERMORE: Dated:

____________________________ ____________________________ Marianna Marysheva
City Manager

APPROVED AS TO FORM:

___________________________
Assistant/City Attorney

APPROVED AS TO INSURANCE:

_______________________
Risk Manager/Analyst

Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements

DocuSign Envelope ID: 4CA377C0-364E-4753-9E33-0683B470B144 2/24/2023 | 12:55 PM PST

EXHIBIT A
97 Exhibit A - Scope of Work

The OCM Contractor shall lead the City to solve complex challenges using an OCM methodology with a focus on the people side of change, including changes in business processes, systems, and technology. The OCM Contractor shall create and implement change management strategies and plans that maximize City employee’s adoption and usage while minimizing resistance to change. With two (2) ERP phases implementing concurrently, utilizing change management strategies, the OCM Contractor shall work to drive for faster adoption of the new ERP Solution. The OCM Contractor shall act as a trusted advisor to leadership to discuss OCM goals, understand issues and concerns from City employees, and shall be responsible for mitigating those issues and concerns throughout the project life cycle. Develop, in collaboration with ERP Project Manager, manage, and deliver OCM Strategy and schedule that aligns with the ERP implementation.

OCM Contractor
The dedicated OCM Contractor has direct involvement with OCM initiatives and coordinates with the ERP Project Manager to meet the overall OCM methodology and approach to ensure the successful implementation of the new ERP solution. The OCM Consultant is in regular communication with the ERP Project Manager to provide change management progress updates. Duties include but not limited to, the following:

● Develop, in collaboration with the City, a structured OCM methodology and approach that is scalable to each of the phase(s)
● Develop, in collaboration with City, and deliver all listed deliverables in the “Deliverables” section below
● Apply Prosci ADKAR Model or other OCM Models, tools, and framework to establish and support an OCM initiative
● Designs all activities to prepare City employees for the business and cultural changes to successfully adopt the new ERP solution
● Assist ERP Project Manager to virtually implement OCM activities such as change strategy and planning, stake holder engagement, leadership support, stage and organizational readiness assessment, communication, and as requested, on-site support at City facilities
● Coordinate with City resources to manage and monitor the OCM deliverables ● Define OCM tasks and resource requirements
● Identify the impact of change on affected City employees during each phase of the project to create and execute a detailed action plan to address the human side of change
● Proactively manage and communicate change impact and risks to Project leaders and stakeholders
● Define and execute communication strategies to share information with City employees throughout the project lifecycle
● Provide guidance, direction and manage team members in change strategies and activities
DocuSign Envelope ID: 4CA377C0-364E-4753-9E33-0683B470B144

EXHIBIT A
98 ● Develop, monitor, and manage an OCM RAID log with ERP Project Manager ● Proactively notifies City as risks change or begin to develop ● Provides guidance to City on methods for handling risks ● Maintain, monitor, and report on change issues and provide mitigation strategy ● Assess City OCM progress and effectiveness and adjust OCM methodology as necessary
● Translate technical ideas/concepts or results in actionable statements and conclusions ● Act as a trusted advisor to leadership regarding OCM initiatives Coordinate with ERP solution vendor (Tyler) to align ERP Solution with OCM activities ● Develop and provide a weekly status report
● Conducts bi-weekly project status meeting with the ERP Project Manager ● Manage and validate OCM contract compliance throughout the project ● Act as the primary point of contact for all OCM contract and invoicing questions ● Prepare and present OCM Deliverables signoffs for acceptance by City ● Coordinate OCM change requests, if needed, to ensure proper scope and budgetary compliance

City ERP Project Manager
The ERP Project Manager ensures the overall OCM initiative shall have sufficient resources to adopt the new ERP solution successfully. If the ERP Project Manager does not have the expertise or authority to make decisions, the ERP Project Manager shall enlist the appropriate resources from the City to participate in discussions to keep OCM plans on track. Duties include but not limited to, the following:
● Manage and validate contract compliance throughout the project ● Review and approve OCM contract change order
● Manage OCM Contractor work plan and performance
● Provide guidance and collaborate with OCM Contractor to align the OCM Methodology and framework with ERP implementation activities
● Identify and recommend change impact and training gaps to OCM Contractor ● Coordinate project team members towards OCM initiative ● Coordinate and schedule meetings/activities
● Acts as liaison between OCM Contractor and Tyler
● Assess project team performance as it relates to the OCM initiative and recommends remedial action if needed
● Support the project team and overall OCM initiative

Deliverables
The following is a complete list of all project deliverables:
● Baseline/Current State Assessment Summary
● OCM Plan
● Communication Plan
● Communication materials, as necessary
● Change Impact Analysis Summary
DocuSign Envelope ID: 4CA377C0-364E-4753-9E33-0683B470B144

EXHIBIT A
99 ● ADKAR Assessment Summaries
● Change Readiness Checklists
● Resistance/Change-related Risk Log
● Lessons Learned Log
● OCM Framework
● Coaching for City Staff on OCM Activities
Schedule
The OCM Contractor will work primarily offsite with the option to provide on-site support at the request of the ERP Project Manager. The OCM Contractor will commit approximately 10 hours a week through the duration of the project. Meetings will be held virtually with the OCM Contractor unless the OCM Contractor and ERP Project Manager agreed to an on-site meeting.

The project is estimated to last for eighteen months, from March 1, 2023 to August 31, 2024.

Pricing and Payments
The Consultant will bill at the rate of $135 per hour for services rendered. Invoices will be submitted to ERP Project Manager for approval and processing and will be in alignment with completion of each deliverables listed above. The consultant will also bill on a bi-weekly basis, for meeting attended and any travel incurred on a per diem basis if traveling to be onsite. Onsite attendance and participation, including travel must be approved by the ERP Project Manager in advance of occurrence.

DocuSign Envelope ID: 4CA377C0-364E-4753-9E33-0683B470B144

EXHIBIT A
100
Revised 2/7/23 B16 – 2M E&O (rev Jacobs)

Page 1 ends

EXHIBIT B

INSURANCE REQUIREMENTS

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

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

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

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

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

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

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

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Consultant’s/Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form DocuSign Envelope ID: 4CA377C0-364E-4753-9E33-0683B470B144

EXHIBIT A
101
Revised 2/7/23 B16 – 2M E&O (rev Jacobs)

Page 2 ends

CG 20 10 04 13. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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

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

DocuSign Envelope ID: 4CA377C0-364E-4753-9E33-0683B470B144

EXHIBIT A
102

CITY OF LIVERMORE

DETERMINATION OF CONFLICT OF INTEREST

REPORTING FOR CONSULTANTS

Consultant Name (include name of specific person doing work if known).

CR Consulting

Contract/Project Title.

Consulting - Organizational Change Management

Brief Description of work to be done, or final product, and how it will be used.

Organizational Change Management in preparation for implementing an Enterprise Resource Planning ("ERP") system to ensure organizational acceptance and readiness for process and system changes.

Is the Consultant making, participating in making,
or influencing a governmental decision?

Yes ☐ No ☐
Is the Consultant performing work that could or
would be done by an employee identified in the City
of Livermore Conflict of Interest Code?
Yes ☐ No ☐

If YES, please identify the title for the designated
employee:

Completed by Department Head
Signature: _________________________________ Date: _____________________

City Attorney Determination:

Disclosure: [_] None [_] Category 1 [__] Category 2 [_] Category 3 [_] Category 4

Name and address of each individual subject to reporting requirements:

Comments:

Assistant/City Attorney
Signature: ____________________________ Date: _____________________

THIS FORM IS TO BE

COMPLETED BY CITY STAFF
ONLY
DocuSign Envelope ID: 4CA377C0-364E-4753-9E33-0683B470B144

2/24/2023 | 1:58 PM PST
N/A
X
N/A
2/24/2023 | 2:01 PM PST

EXHIBIT A
103

CITY COUNCIL STAFF REPORT
ITEM NO. 5.8

DATE:

March 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing execution of a lease and right of entry agreement with the Chiu Family Trust that will allow the public to continue to use a portion of their First Street property with Assessor's Number 97-1-15 as a pedestrian walkway and will allow the City to extend the pedestrian walkway and make other minor improvements to the property.

RECOMMENDED ACTION

The term of the agreement is May 15, 2023 to May 15, 2033.

SUMMARY
Since 1988, the City has been leasing a portion of property on the north side of First Street with Assessor's Parcel Number 97-1-15 for use as a pedestrian walkway. Attachment 1 shows the location of this property and the portion that is used as a pedestrian walkway. The most recent lease agreement expired in 2015; however, the City has continued to lease the pedestrian walkway using a holdover lease provision in the agreement. This updated lease and right of entry agreement with the Chiu Family Trust allows the City to continue to lease the pedestrian walkway for ten years through May 15, 2033. The agreement also allows the City to extend the pedestrian walkway and make other minor improvements on the property.

DISCUSSION
As part of the First Street/Core Area Public Improvements Project of 1987 the former Redevelopment Agency of the City of Livermore installed a pedestrian walkway connecting First Street with the parking lot behind First Street on a portion of property with Assessor's Parcel Number 97-1-15. Since 1988, the City has leased this pedestrian walkway. As shown in Attachment 1, this walkway connects to a pedestrian walkway in the parking lot that crosses Veterans Way and leads to Stockmen's Park. This landscaped walkway with archways and lighting is a central path and well used by the public. 104

The most recent lease expired in June 2015; however, the City has continued to lease the property using a holdover lease provision in the agreement. The City and the property owner, the Chiu Family Trust, now desire to enter into a new lease and right of entry agreement that will extend the lease for ten years and allow the City right of entry to extend the pedestrian walkway and make other improvements on the property. The pedestrian walkway is going to be extended 35 feet to the north with stamped concrete and landscaping as part of the L Street Garage Project 586003. The total leased area is 2,500 square feet (20 feet wide by 125 feet long). As part of this project, the City will also pave some unpaved portions of the back parking lot on the property and restripe the parking lot to provide better circulation.

Additionally, the City will install some screening for the trash bins. This agreement provides the City right of entry to complete these improvements.

FISCAL AND ADMINISTRATIVE IMPACTS
Payments for this lease and right of entry agreement will begin in May 2023 and start at $16,800 per year increasing annually by 3% per year. The agreement covers payments through May 2033. Payments will be made from the operating budget using the General Fund (001) and the account for rental of land, buildings, and equipment (2002-43110). The City will maintain the pedestrian walkway at an estimated cost of $4,000 per year. The Downtown Landscape Maintenance District will cover these maintenance costs.

ATTACHMENTS

1. Pedestrian Walkway Site Plan

2. Resolution

3. Exhibit A - Lease and Right of Entry Agreement

Prepared by: Joel Waxdeck
Assistant City Engineer

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
105
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. The City of Livermore is not responsible for misuse or errors or omissions on this map. All information should be confirmed.

Leased Property Pedestrian Walkway
1,101
Information Technologies, GIS Division, City of Livermore 183.6
Legend
1:

NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US Feet0 183.691.79 Notes
2/10/2023Date Printed:

City Limits
AddressPt (0-1250)
No
Yes
Street Names (0-2500)
Golf Labels
Creeks
Public Facilities 0-4500)
Park Names (0-4500)
School Names (0-4500)
Parcels
ATTACHMENT 1
106
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A LEASE AND RIGHT OF

ENTRY AGREEMENT WITH THE CHIU FAMILY TRUST THAT WILL ALLOW THE

PUBLIC TO CONTINUE TO USE A PORTION OF THEIR FIRST STREET PROPERTY WITH ASSESSOR’S NUMBER 97-1-15 AS A PEDESTRIAN

WALKWAY AND WILL ALLOW THE CITY TO EXTEND THE PEDESTRIAN

WALKWAY AND MAKE OTHER MINOR IMPROVEMENTS TO THE PROPERTY Since 1988, the City of Livermore (“City”) has been leasing a portion of property on the north side of First Street with Assessor's Parcel Number 97-1-15 for use as a pedestrian walkway. The most recent lease agreement expired in 2015, however, the City has continued to lease the pedestrian walkway using a holdover lease provision in the agreement. This updated lease and right of entry agreement with the Chiu Family Trust allows the City to continue to lease the pedestrian walkway for ten years through May 15, 2033. The agreement also allows the City to extend the pedestrian walkway and make other minor improvements on the property.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby adopts a resolution authorizing the City Manager to execute a lease and right of entry agreement with the Chiu Family Trust that will allow the public to continue to use a portion of their First Street property with Assessor's Number 97-1- 15 as a pedestrian walkway and will allow the City to extend the pedestrian walkway and make other minor improvements to the property.

On motion of Council Member _______________________, seconded by Council Member _______________________, the foregoing resolution was passed and adopted on March 13, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Lease and Right of Entry Agreement
107
Multi-Service Center Lease Agreement Page 1 of 4
Rev. 5/2021

CITY OF LIVERMORE

LEASE AND RIGHT OF ENTRY AGREEMENT

CITY OF LIVERMORE AND CHIU FAMILY TRUST
THIS LEASE AND RIGHT OF ENTRY AGREEMENT dated as of this _____ day of ____________, 2023, is made and entered into by and between the City of Livermore, a municipal corporation (“Lessee”) and Chiu Family Trust (“Lessor”).

RECITALS
A. The Lessor is the owner of land located on the north side of First Street between Livermore Avenue and L Street with Assessor’s Parcel Number 97-1-15 as shown in Exhibit A. (“Property”).

B. As part of the First Street/Core Area Public Improvements Project of 1987, the former Redevelopment Agency of the City of Livermore installed a pedestrian walkway connecting First Street with the parking lot behind First Street.

C. Since 1988 Lessor has continuously agreed to lease a portion of the Property to the City.

D. The most recent lease is dated July 23, 2014. The term of the lease expired on July 23, 2015; however, the City is paying the lease based on the Holdover Lease provision in this Lease Agreement.

E. The Lessee is going to construct improvements in the vicinity of the Property as part of Livermore Village Parking Garage Construction Project 586003. The project involves extending the pedestrian walkway to the north in the area that is currently leased by the Lessee and renovations to the existing pedestrian pathway as shown in Exhibit B.

The Project may also involve upgrades to the parking area on APN 97-1-15 as shown in Exhibit C.

F. The parties now desire to enter into a new Lease and Right of Entry Agreement to extend the lease and allow the City right of entry for the improvements shown on Exhibit B and Exhibit C

AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows:

1. Leased Property. The leased property is a 20’ x 125’ strip of land on the east side of APN 97-1-15 as shown in “Exhibit A” (“Leased Property”), attached hereto and incorporated herein by reference.

EXHIBIT A
108
Multi-Service Center Lease Agreement Page 2 of 4
Rev. 5/2021

2. Improvements on Leased Property. The Lessee previously improved the Leased Property by constructing a pedestrian walkway with trellis arches and landscaping pursuant to the terms of the April 11, 1988 lease between the parties. The Lessee is going to extend the pedestrian path and landscaping improvements to the north end of Leased Property.

The Lessee accepts responsibility for main taining the improvements on the Leased Property and paying all bills associated wit h power and irrigation usage on the Leased Property during the term of the lease.

3. Term. This Lease shall be for a term of ten years commencing on May 15, 2023 and terminating May 15, 2033 (“Term”). This Lease shall supersede and replace any other lease between said parties, or their predecessors in interest, concerning the use of the Leased Premises.

4. Rent. Lessee shall pay Lessor the sum of $16,800 per annum with rent being due and payable on the 15th day of May each year. On each anniversary date hereof, the rent shall be increased by 3%.

5. Right of Entry. During the ten-year term of the Lease the Lessee shall have permission to enter in, over, and upon the Leased Property to extend the improvements in the Leased Property as shown in Exhibit B, renovate the improvements in the Leased Property as shown in Exhibit B, from time to time maintain, replace, and make pedestrian pathway and landscaping modifications to improvements in the Leased Property, and allow the public to utilize the Leased Property as a pedestrian pathway. Between May 15, 2023 and May 15, 2025 the Lessor agrees to allow the Lessee to enter in, over, and upon the Lessor’s property with Assessor’s Parcel Number 97-1-15, to potentially pave unpaved parking areas behind businesses as shown in Exhibit C, potentially restripe the parking area behind the businesses as shown in Exhibit C, and potentially construct screening walls around trash cans and dumpsters as shown in Exhibit C. The Lessee shall leave the Property in a clean and orderly condition and will repair, replace, or compensate for any existing improvements that may have been disturbed, damaged, or removed during the course of Work.

6. Termination. Either party may earlier terminate this Lease for any reason, upon 180 days prior written notice to the other party. Upon termination the Lessor shall return the balance of any prepaid Rent.

7. No Transfer or Assignment. The Lessee shall neither transfer nor assign the Lease nor grant any interest, privilege, or Lease in connection with this Lease except that with the Lessor's written approval.

8. Indemnity. Lessee agrees to and shall defend, indemnify, protect and hold harmless Lessor, its successor and assigns from an loss, damage, injury, accident, casualty, liability, claim, cost or expense (including, but not limited to, reasonable attorneys’ fees) of any kind or character to any person or property arising from or related to any act or omission of Lessee, it employees, agents or contractors, the Lessee’s use of the Property, or the Lessee’s installation and maintenance of improvements on the Property.

EXHIBIT A
109
Multi-Service Center Lease Agreement Page 3 of 4
Rev. 5/2021

9. Insurance. For the duration of this Lease, Lessee shall procure and maintain, at its own cost, comprehensive General and Automobile Liability coverage in the amount of one million dollars and shall obtain an endorsement from CJPRMA designation Lessor as an additional insured party.

10. Alteration in Writing. This Lease supersedes any and all prior understandings and agreements, whether written or oral, between the parties with respect to the subject matter of this Lease. No alteration or variation of the Lease shall be valid unless made in writing and signed by both Lessor and Lessee.

11. Notice. Any notice required hereunder shall be inwriting and shall be addressed as follows:

Lessee Lessor
City Of Livermore Gabriel Chiu, Trustee
1052 S. Livermore Avenue Chiu Family Trust
Livermore, CA 94550 1767 Germano Way
Phone: (925) 960-4450 Pleasanton, CA 94566
Phone: (925) 461-9888

12. Entire Agreement. This instrument, including any attachments hereto, constitutes the entire agreement of the parties relating to the subject matter of this Lease and Right of Entry Agreement; correctly sets forth the rights, duties and obligations of each party to the other.

13. Attachments. All exhibits attached hereto are incorporated by reference as though set forth in full.
[SIGNATURES AND ATTACHMENT LIST ON FOLLOWING PAGE]

EXHIBIT A
110
Multi-Service Center Lease Agreement Page 4 of 4
Rev. 5/2021
IN WITNESS WHEREOF, the parties to this Lease and Right of Entry Agreement have executed this Lease and Right of Entry Agreement as of the dates set forth below.

Lessor
Chiu Family Trust
By: ____________________________
Gabriel Chiu
Trustee
Dated: __________________________
Lessee
City of Livermore
A Municipal Corporation
By: ____________________________
Marianna Marysheva
City Manager
Dated: ___________________________
Approved as to Form:

By: ____________________________
Assistant/City Attorney
Approved as to Insurance:

By: ____________________________
Risk Analyst/Manager
Attachments:

Exhibit A – Property Map
Exhibit B – Proposed Improvements in Leased Property
Exhibit C – Proposed Improvements on Remainder of Property

EXHIBIT A
111

LEASED PROPERTY

EXHIBIT A
112

EXHIBIT B

CHIU PROPERTY
APN 97-1-15

LEASED PROPERTY

EXHIBIT A 113
c

EXHIBIT A
114

CITY COUNCIL STAFF REPORT
ITEM NO. 5.9

DATE:

March 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Resolution to extend the suspension of Airport Development until a new comprehensive Airport Development Policy is adopted by the City Council.

RECOMMENDED ACTION

Staff recommends the City Council adopts a resolution that:

1 .

Authorizes the extension of the Livermore Airport Development suspension until the City Council formally adopts a Airport Leasing and Development Policy. 2 .

Temporarily suspends the consideration of any aeronautical or non-aeronautical Airport development, except for a parcel under active development adjacent to Kittyhawk Road and Highway 580.
3 .

Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.

SUMMARY
On July 27, 2022, City Council approved Resolution No. 2022.132 which temporarily suspended the current Airport Development Policy until December 31, 2022. Staff recommends City Council extend the suspension of Airport Development until a new comprehensive Airport Development Policy is adopted by the City Council.

DISCUSSION
Continuing the temporary suspension of the Airport Development provides City staff with the time needed to complete the work necessary to develop a formal Airport Development Policy in order to ensure a meaningful and transparent development process.

A draft comprehensive Airport Leasing and Development Policy is scheduled to be reviewed by the Airport Commission in an open public meeting in March 2023, followed by a 45-day public review and comment period, and subsequent reviews by the Airport Commission and the City Council. 115

Once adopted, the Airport Leasing and Development Policy will provide processes and procedures to evaluate and approve or reject proposals related to the leasing and/or development of land and/or improvements at the Livermore Airport.

FISCAL AND ADMINISTRATIVE IMPACTS

There are no fiscal impacts or administrative impacts resulting from this action.

ATTACHMENTS

1. Resolution

Prepared by: Michael Musca
Airport Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION TO EXTEND THE SUSPENSION OF AIRPORT

DEVELOPMENT UNTIL A NEW COMPREHENSIVE AIRPORT

DEVELOPMENT POLICY IS ADOPTED BY THE CITY COUNCIL
The Livermore Airport offers parcels of land suitable for both aeronautical and non-aeronautical development to support the Airport Enterprise Fund.

The current Livermore Airport Development Policy (Policy) is outdated and does not contain sufficient guidance to staff for prospective development of Airport owned land and does not align with current industry standards.

The Current Policy did not follow formal City approvals prior to adoption.

The Livermore Airport has received applications and letters of interest from parties proposing that various aeronautical and non-aeronautical development and decisions on such proposals are best deferred until such time that the new policy is adopted, with the exception for a parcel under lease development and negotiation adjacent to Kittyhawk Road and Highway 580.

The City Council desires to reduce potential development inconsistencies and disputes regarding proposed development between the current Policy and the creation of a new state-of-the-art Airport development policy.

Suspending the Policy temporarily provides City of Livermore staff with the time needed to complete the work necessary to update the Policy to ensure a meaningful and transparent development process.

Decisions for potential development on Airport property should be suspended until such time that a new policy is updated and approved, because a new policy will provide for clear development objectives along with the orderly development of Airport property.

Resolution 2022-132 temporarily suspended development at the Livermore Municipal Airport until December 31, 2022, to allow time to develop a comprehensive Airport Leasing and Development Policy.

Continuing current airport development suspension is prudent until a new comprehensive policy is approved by the City Council.
117
RESOLUTION NO. ________
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore as follows:

1. The City Council authorizes that the Livermore Municipal Airport development suspension is extended until the City Council formally adopts an Airport Leasing and Development Policy.

2. The City Council temporarily suspends the consideration of any aeronautical or non-aeronautical Airport development under the current Airport Development Policy, except for a parcel under active development adjacent to Kittyhawk Road and Highway 580.

3. The City Council authorizes and directs staff to proceed expeditiously in the development and adoption of a new Airport Development Policy that aligns with City of Livermore procedures and industry standards.

4. The City Council directs staff to inform Airport stakeholders, including individuals and entities that have recently submitted an application or letter of interest for commercial aeronautical or non-aeronautical development, of the suspension of the current Airport Development Policy, and to keep stakeholders informed as a new policy is developed.

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

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on March 13, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk City Attorney
118

CITY COUNCIL STAFF REPORT
ITEM NO. 5.10

DATE:

March 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Resolution opposing the Taxpayer Protection and Government Accountability Act sponsored by the California Business Roundtable (CBRT) and direction to staff to send letters of opposition to the League of California Cities, Senator Glazer, and Assemblymember Bauer-Kahan.

RECOMMENDED ACTION

SUMMARY
The Taxpayer Protection and Government Accountability Act, proposed by the California Business Roundtable, would amend the California Constitution with provisions that limit voters' authority and input, adopts new and stricter rules for raising taxes and fees, and make it more difficult to impose fines and penalties for violators of state and local laws. The measure puts billions of local government tax and fee revenues at risk statewide with related core public services impacts that would result in significant negative impacts to the City of Livermore operations and core service delivery.

DISCUSSION
On January 4, 2022, the California Business Roundtable filed the "Taxpayer Protection and Government Accountability Act" or AG #21-0042A1. On February 1, 2023, the measure qualified for the November 2024 ballot.

The League of California Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly opposes this initiative.

Local government revenue-raising authority is currently substantially restricted by state statute and constitutional provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010.

The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters 119
and local government tax and fee authority.

Fees and Taxes

Local governments levy a variety of fees and other charges to provide core public services. Major examples of affected fees and charges are:

Nuisance abatement charges, such as for weed, rubbish, and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.

Commercial franchise fees.

Emergency response fees, such as in connection with DUI.

Advanced Life Support (ALS) transport charges.

Document processing and duplication fees.

Transit fees, tolls, parking fees, and public airport and harbor use fees.

Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.

The annual adoption of revisions and increases to fee rates and charges must occur to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies, including council-adopted increases to simply accommodate inflation, Cal Cities estimates the amount of local government fee and charge revenue at risk is approximately $2 billion per year including those adopted since January 1, 2022. Over ten years, $20 billion of local government fee and charge revenues will be at heightened legal peril.

Fines and Penalties

Under existing law, cities are required to provide due process before imposing a penalty or fine for violation of its municipal code:

1 .

A local agency must adopt administrative procedures that govern imposing fines and penalties, including providing a reasonable period of time for a person responsible for a continuing violation to correct or remedy the violation [Gov't Code 53069.4] 2 .

Notice must be given to the violating party before imposing the penalty; and give the party an opportunity to be heard and present any facts or arguments [Merco Construction Engineers v. Los Angeles Unified School District (1969) 274 CA 2d 154, 166] 3 .

The fine may not be "excessive" [U.S. Constitution amendments VIII and XIV].

The initiative converts administratively imposed fines and penalties into taxes unless a new, undefined, and ambiguous "adjudicatory due process" is followed. This provision may put at risk authority to impose fines and penalties for violations of state and local law.

Impacts to the City of Livermore

1 .

Existing Revenues and Future Rate and Fee Increases - The City’s water and sewer rate increases that went into effect after January 1, 2022, would be affected. Actual costs aren’t defined in the Act which will result in the definition and process being subject to litigation. All fees and charges like the rental and sale of government property, emergency response fees, document processing and duplication fees, fines, penalties, and nuisance abatement charges would be 120
subject to this undefined test. In addition, rate increases are based on estimated future costs not actual costs and it is unknown how this would be interpreted by the courts or whether there would or can be subsequent state legislation to define actual costs as it relates to rate and fee studies. If not, it will be very difficult to establish the City’s future rate and fee increases. 2 .

Impact Fees – With the requirement that “No levy, charge or exaction regulating or related to vehicle miles traveled may be imposed as a condition of property development or occupancy”, the Transportation Impact Fee would not be impacted as it is based on estimated trips and not miles traveled.
3 .

Development Agreements – Current interpretation of the initiative language would prohibit local agencies from entering into development agreements if the agreement does not pass the "actual and reasonable
"
cost test and could be subject to litigation if a resident or organization took issue with the development application process and its associated costs. 4 .

Property Tax Allocations – The language “All proceeds from the taxation of property shall be apportioned according to law the districts within the counties” lacks clarity and the City does not yet know how the California Business Roundtable would like to see this in application. 5 .

Tax Measure Limitations - If the City put a general tax measure on the ballot, it could not also add a companion measure that identities the intended uses of the revenues generated by the general tax measure.
6 .

Taxes and Fees - The City would need to revalidate all taxes and fees passed on or after January 1, 2022, under the measure’s provisions, which includes information on actual and reasonable costs, and the specific duration of the tax or fee.

FISCAL AND ADMINISTRATIVE IMPACTS

The Taxpayer Protection and Government Accountability Act will likely take billions of dollars away from local government services statewide. For example, the City of Livermore collects approximately $73.9 million annually from fees to fund City services and projects, $46.7 million of which is related to water and sewer services. Many of these fees are adjusted annually by the Consumer Price Index (CPI) that would be subjected to the Taxpayer Protection and Government Accountability Act actual cost provision.

City Council adopted a new 5-year water rate schedule in May 2022 that adjusted rates by 2% annually.

That action could be affected by the Taxpayer Protection and Government Accountability Act actual cost provision. The airport currently has $3.3 million in leases that would be subject to the Taxpayer Protection and Government Accountability Act's reasonable rental rate requirement.

ATTACHMENTS

1. Letter of Opposition - Senator Glazer and Assemblymember Bauer-Kahan

2. Letter of Opposition - League of California Cities

3. Resolution

Prepared by: Marie Weber
Deputy City Manager/City Clerk

121
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
122

March 13, 2023

The Honorable Rebecca Bauer-Kahan
California State Assembly
1020 O Street
Sacramento, CA 95814

The Honorable Steven Glazer
California State Senate
1020 O Street
Sacramento, CA 95814

RE: Taxpayer Protection and Government Accountability Act (Initiative #1935) Tri-Valley Cities Coalition – Notice of Opposition

Dear Senator Glazer and Assembly Member Bauer-Kahan:

On behalf of the City of Livermore, we write to express our opposition to Initiative #1935, entitled by its proponents as the “Taxpayer Protection and Government Accountability Act Initiative,” which would amend the California Constitution to restrict the ability of the state, local governments, and the electorate to approve or collect taxes, fees, and other revenues. The measure would require voter approval of all state taxes, would further restrict local fee authority by limiting it to the “minimum amount necessary” to provide government services, and would require voter approval for local measures such as franchis e fees. Its provisions would make it easier to challenge local revenue measures by increasing the burden of proof on local agencies while disallowing an agency’s characterization of a measure from being considered in court.

Specifically, this proposed initiative has three main components. First, it would expand the definition of a tax to include charges that the state and local governments refer to as fees, such as certain charges that are imposed for a benefit granted to a payer but not granted to those not charged. This would significantly alter the functional definition of taxes and would subject much needed revenue generation tools to greater vote requirements. Current law already imposes regulations on how local governments can levy fees, by requiring charges associated with fees to not exceed the reasonable costs of providing the associated product or service. The revenue that is generated from our taxes and fees goes to funding essential services, such as fire, police, public works, and parks and recreation.

Second, the initiative would establish new stringent approval requirements for increasing state and local taxes, whether sought by the governing body or the electorate. For local governments, any and all tax increases under the expanded definition of taxes mentioned above would first need to be approved by two‐ thirds of the legislative body before it is presented to the electorate for consideration. Further, all proposed increases must be placed before voters on a regularly scheduled general election as opposed to a special election, except in cases of emergency, which can only be declared under unanimous agreement of the legislative body. Adding these new requirements to raise or impose taxes severely undercuts the ability for local governments to respond to the needs of its residents and remain nimble under varying conditions. In the event that there are immediate community needs that cannot conjure unanimous support from the legislative body to address, our communities will suffer.

Third, this initiative would place any new tax or fee increase under extreme legal scrutiny and would 123
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invite anyone to take costly and lengthy legal action against a governing body. Specifically, the initiative would require that all new taxes or tax increases include highly technical information regarding its specified use, longevity, and estimated cost to the electorate. The inclusion of this explanatory criterion for the passage of new taxes would significantly increase liability for public officials that could result in significant damages. For instance, the initiative states that state and local governments bear the burden of providing clear and convincing evidence that the levy of a “fee” not subject to the onerous vote threshold requirements is not a tax under the new definition. In the event a private citizen or entity determines that the passage of a new fee or tax was unclear or that the amount is unreasonable, a local government could be subject to long and costly litigation.

Ultimately, tax and fee public policy has always dominated the states’ initiative process for decades.

It’s important to understand that California has been largely divided on the topic because it relies on individual circumstances. As written, this measure will empower the state’s tax reform extremists to decimate the state and local governing processes by fixating on the hyper ‐specifics of tax policies, whose revenues are directed to serve the people.

The imposition of taxes and fees to fund public services is an essential tool of government. The COVID pandemic laid bare the necessity of allowing governing bodies at all levels of government to act immediately in order to provide to their communities dur ing times of emergency. The Taxpayer Protection and Government Accountability Act Initiative would impose onerous and undemocratic restrictions on local governments and local voters that would reduce local revenues by billions every year and would harm the function of virtually all local services. For these reasons, the City of Livermore opposes Initiative #1935.

Sincerely,

John Marchand
Mayor, City of Livermore
124

March 13, 2023

Bismarck Obando
Director of Public Affairs, LOCC
1400 K Street, Ste. 400
Sacramento, CA 95814

RE: Taxpayer Protection and Government Accountability Act (Initiative #1935) Tri-Valley Cities Coalition – Notice of Opposition

Dear Director Obando:

On March 13, 2023, the City of Livermore City Council voted to oppose Initiative 21 -0042A l, a deceptive, developer-sponsored proposition aimed for the November 2024 statewide ballot that would significantly jeopardize cities' ability to provide essential services and infrastructure for our residents.

The measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and projects and would limit voter input by prohibiting local advisory measures where voters can express a preference on how they want their local tax dollars spent.

This measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including impacts on local infrastructure and our environment.

This measure also may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.

Unless defeated, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks , libraries, affordable housing services to support homeless residents, mental health services, and more.

Impacts to the City of Livermore

1. Existing Revenues and Future Rate and Fee Increases - The City’s water and sewer rate increases that went into effect after January 1, 2022, would be affected. Actual costs aren’t defined in the Act which will result in the definition and process being subject to litigation. All fees and charges like the rental and sale of government property, emergency response fees, document processing and duplication fees, fines, penalties, and nuisance abatement charges would be subject to this undefined test. In additi on, rate increases are based on estimated future costs not actual costs and it is unknown how this would be interpreted by the courts or whether there would or can be subsequent state legislation to define actual costs as it relates to rate and fee studies . If not, it will be very difficult to establish the City’s 125
March 13, 2023

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future rate and fee increases.

2. Impact Fees – With the requirement that “No levy, charge or exaction regulating or related to vehicle miles traveled may be imposed as a condition of property development or occupancy”, the Transportation Impact Fee would not be impacted as it is based on estimated trips and not miles traveled.

3. Development Agreements – Current interpretation of the initiative language would prohibit local agencies from entering into development agreements if the agreement does not pass the "actual and reasonable" cost test and could be subject to litigation if a resident or organization took issue with the development application process and its associated costs.

4. Property Tax Allocations – The language “All proceeds from the taxation of property shall be apportioned according to law the districts within the counties” lacks clarity and the City does not yet know how the California Business Roundtable would like to see this in application.

5. Tax Measure Limitations - If the City put a general tax measure on the ballot, it could not also add a companion measure that identities the intended uses of the revenues generated by the general tax measure.

6. Taxes and Fees - The City would need to revalidate all taxes and fees passed on or after January 1, 2022, under the measure’s provisions, which includes information on actual and reasonable costs, and the specific duration of the tax or fee.

The measure benefits wealthy corporations and real estate developers while decimating our local communities and neighborhoods.

You may list the City of Livermore in formal opposition to Initiative #2l-0042Al and include our city as part of the growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state opposed to this deceptive proposition.

Sincerely,

John Marchand
Mayor, City of Livermore
126
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION OPPOSING THE
“TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT” (INITIATIVE #1935)
The California Business Roundtable filed the Taxpayer Protection and Government Accountability Act (AG# 21-0042A1) to be considered for the November 2024 ballot, which would decimate vital local and state revenue-generating methods; On February 2, 2023, the Secretary of State reported that proponents of the Taxpayer Protection and Government Accountability Act submitted 1,075,585 valid signatures, thus exceeding the 997,139 valid signatures required to qualify for the November 5, 2024 ballot; The measure creates barriers for cities to maintain and generate revenue to provide services to communities, including local infrastructure, protecting our environment, water quality, air quality, and natural resources;
The measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure; A coalition local government, public safety, labor, and infrastructure advocates have joined together to fight against this measure;
According to municipal finance experts, should the Taxpayer Protection and Government Accountability Act be passed by voters, billions of local government fee and charge revenues placed at heightened legal peril. This will result in related public service reductions across virtually every aspect of city, county, special district, and school services especially for transportation, and public facility use;
Hundreds of millions of dollars of annual revenues from dozens of tax and bond measures approved by voters between January 1, 2022 and November 9, 2022 subject to additional voter approval if not in compliance with the initiative; This initiative would affect existing revenues and future rate increases, impact fees, development agreements, property tax allocations, all taxes and fees passed on or after January 1, 2022, and nuisance and abatement fees.

The measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, harbors, affordable housing, services to support homeless residents, mental health services, and more.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livermore hereby opposes Initiative #1935, deceivingly called the “Taxpayer Protection and Government Accountability Act,” and;
BE IT FURTHER RESOLVED , that the City of Livermore will join the NO on Initiative #1935 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state.
127
RESOLUTION NO. ________
On motion of Council Member _______________________, seconded by Council Member _______________________, the foregoing resolution was passed and adopted on March 13, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
____________________________ ________________
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
128

CITY COUNCIL STAFF REPORT
ITEM NO. 5.11

DATE:

March 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Joe Testa, Fire Chief
SUBJECT:

Resolution declaring non-complying parcels a public nuisance requiring abatement, directing staff to proceed with the annual Fire Hazard Abatement Program, and set a public hearing date of April 10, 2023, to receive protests and direct staff to proceed with field abatement work.

RECOMMENDED ACTION

SUMMARY
The Fire Department will be the lead agency for following the Government Code Section 39560 et seq. for fire hazard abatement. Staff will start notification to property owners upon adoption of the resolution.

This will afford property owners the maximum amount of time to abate the hazards created by weed growth. Abatement not completed by property owners prior to May 31, 2023, will be targeted for enforcement by the city contractor.

DISCUSSION
The fire hazard abatement program is a critical fire prevention program. The properties listed in the attachment have the potential to pose a fire hazard by having an overgrowth of weeds, dead and dying combustible vegetation, which create a fire hazard and a public nuisance. The Fire Department will provide written notice by mail to property owners requesting abatement. Should the property owner not complete the abatement, the city contractor will perform all necessary weed abatement. Staff will provide a schedule to all property owners including abatement timelines, type(s) of work needed based on parcel type, size, and location. A brief overview of the process is as follows:

1 .

The Fire Department receives and reviews a list of vacant properties annually. 2 .

If the Resolution for this agenda item is approved, the Fire Department will provide written notice 129
to property owners declaring non-complying parcels a nuisance. 3 .

At a future City Council meeting, the Council will have the opportunity to hear any objections by property owners and direct staff to abate fire hazards caused by overgrown weeds and dead and/or dying vegetation from the parcels.
4 .

For properties where abatement has not been completed by the deadline, the Fire Department will send notice to property owners declaring noncompliance with weed abatement standards. 5 .

The Fire Department will direct the City contractor to conduct the work. 6 .

Fire Department staff will then audit all fieldwork and process paperwork for City abated parcels including billing, processing of payments and processing non-payer information for addition to property tax rolls.
7 .

If required, at a third City Council meeting, a hearing will be held to receive private parcel owners’ protests of costs associated with fire hazard abatement and to direct the City Clerk to file special assessments on parcels with the Alameda County Tax Collector.

The Fire Department will be proactive in fire prevention and public safety regarding fire hazard abatement. This program affords the City a method to keep potential fire loss and injury to a minimum as a result of natural cover fires.

FISCAL AND ADMINISTRATIVE IMPACTS

The fire hazard abatement costs are fully recoverable. Property owners are invoiced for all work performed as well as an administrative charge. Last year the total cost of work was $7,786.80 which included the administrative costs incurred by the City in accordance with Section 39572 of the government code. The Finance Department files abatement costs with the Alameda County Tax Collector on any unpaid invoices for abatement work as a special assessment to the tax roll.

ATTACHMENTS

1. Resolution

2. Exhibit A - List of Parcels & Property Owners

Prepared by: Shin Oh
Administrative Assistant

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION DECLARING THAT CONDITIONS OF GROWING WEEDS,

ACCUMULATED REFUSE, RUBBISH OR DIRT THAT EXIST, AND THAT ARE

SEASONAL AND RECURRENT, ON PRIVATE PROPERTY AND/OR ADJACENT

STREETS, PARKWAYS AND/OR SIDEWALKS AS DESCRIBED HEREIN, ARE

DECLARED TO BE A PUBLIC NUISANCE
The Livermore City Council has authority, pursuant to California Government Code sections 39561 and 39562.1, to declare that there exist conditions, or that seasonal and recurrent conditions exist, of growing weeds, accumulated refuse, rubbish or dirt on private property and/or adjacent streets, parkways and/or sidewalks in the City of Livermore.

The Livermore City Council also has the authority to find that such conditions constitute a public nuisance and should be abated.

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

1. The existence, and seasonal and recurrent existence, of growing weeds, accumulated refuse, rubbish or dirt on private property and/or on the streets, parkways and/or sidewalks adjacent to each parcel of real property described in Exhibit A, attached hereto, and that such conditions are declared a public nuisance and shall be abated;

2. The Fire Chief is designated as the public official empowered to perform duties imposed by Government Code Section 39560, et seq.;

3. The City Clerk, or her designee, when mailing written notice of the proposed abatement to all property owners listed in Exhibit A, attached hereto, at least five days prior to the time for hearing objections by the Livermore City Council, shall also take to ensure the notice is also sent to the current owners of those properties; and

4. A public hearing shall be held on April 10, 2023, at 7:00 p.m., at which time property owners having objections to the proposed removal of weeds, rubbish, refuse and dirt will be heard and given due consideration.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on March 13, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
131
RESOLUTION NO. _______
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason Alcala Marie Weber Jason Alcala
City Clerk City Attorney
Exhibit A – List of Parcels & Property Owners
132
Parcel Number Situs Address Owner(s)
1 097 -0148-075-00 1745 STERLING CT Julin Long and Yuchi Tsao 2 098 -0256-027-00 JUNCTION AVE MALLONI JAMES TR
3 098 -0275-016-04 3163 GARDELLA PLAZA W P CO 843-1-23-3 4 098 -0281-009-00 NORTH K ST DESOUSA GIZELA P & GISELLE M TRS 5 098 -0281-010-00 NORTH K ST DESOUSA GIZELA P & GISELLE M TRS 6 098 -0350-054-00 MARYLIN AVE KREMER KENNETH A TR
7 098A-0414-028-06600 MAPLE ST/SCHOOL ST LIVERMORE VALLEY JOINT UNIFIED

SCHOOL DISTRICT
8 098A-0610-004-00EAST AVE BIG RED BUDDY LP & ERLICH STEVEN J &

LINDA R TRS
9 099 -0015-003-14 2251 LAS POSITAS RD LINDEN SUMMIT INVESTMENT CO Castle Management
10 099 -0015-006-02 1273 N LIVERMORE AVE TRIVALLEY MONTESSORI SCHOOL 11 099 -0015-010-03 2784 LAS POSITAS RD WALMART STORES INC 12 099 -0023-008-00 LASSEN RD LD FUND III LIVERMORE LAND LLC 13 099 -0040-008-05 5281 SOUTHFRONT RD KOLSOM DAVID A & SANDRA A TRS &

NEWTON DEBRA M
14 099 -0040-010-26 5179 PRESTON AVE P G & E CO 135-1-78A-1 15 099 -0040-016-00 N MINES RD W P CO 843-1-23-8
16 099 -0040-018-00 N MINES RD S P CO 872-1-98H-POR 11
17 099 -0040-019-10 N MINES RD W P CO 843-1-23C-POR 7
18 099 -0051-003-02 GARDELLA PLAZA SHR VENTURES LLC
19 099 -0056-007-02 1ST ST W P CO 843-1-23C-POR 7
20 099 -0075-003-04 PORTOLA AVE SCHERBARTH JASON A & SHAWNA L TRS &

SCHERBART ETAL
21 099 -0075-003-06 PORTOLA AVE SCHERBARTH JASON A & SHAWNA L TRS &

SCHERBART ETAL
22 099 -0075-007-04 EDINBURGH DR EDINBURGH FORTUNES LLC 23 099 -0100-005-00 1240 N LIVERMORE AVE ART MONUMENT CO INC 24 099 -0100-018-30 1202 PORTOLA KENT E G & BEVERLY C TRS 25 099 -0100-030-02 1700 PASEO LAGUNA SECO AUTUMN SPRINGS RE INVESTORS LP 26 099 -0100-030-08 PASEO LAGUNA SECO FALLON ENTERPRISES INC 27 099 -0100-031-00 PORTOLA AVE (PASEO LAGUNA
SECO)

ALAMEDA COUNTY FLOOD CONTROL
28 099 -0100-032-00 PORTOLA AVE MCRAE JOHN S
29 099 -0100-037-01 2169 LAS POSITAS CT BACA DENNIS E Tr 30 099 -0126-007-00 CALLE DEL SUENO DAVIDON HOMES
31 099 -0400-001-03 1919 LOMITAS AVE PATTON ROBERT A & LOUISE K TRS 32 099 -0680-002-00 ARROYO RD & HANSEN RD SHEN JIEYONG TR 33 099 -0680-004-00 ARROYO RD & HANSEN RD SHEN JIEYONG Tr 34 099 -0680-008-00 ROCKINGHAM CT SCARLET BEAR
35 099 -0801-005-00 2301 CONCANNON BLVD LAUNCH PAD VENTURES LLC 36 099 -0801-011-00 CONCANNON BLVD OSORIO JAIME
37 099 -0802-001-00 CONCANNON BLVD OSORIO JAIME
38 099 -1150-004-06 4743 EAST AVE ASBURY METHODIST CHURCH 39 099 -1311-003-00 2463 SHEFFIELD DR WILSON WILLIAM G & JOHN MIRIAM E TRS Livermore-Pleasanton Fire Department
2023 List of Parcels

EXHIBIT A
133
40 099 -1316-011-00 137 RICKENBACKER Rickenbacker Circle Associates Llc 41 099 -1316-033-00 212 RICKENBACKER CIR BLACK MICHAEL J & COLLEEN A TRS 42 099 -1317-050-00 SPRING VALLEY CMN SPRING VALLEY ASSOCIATION IIi 43 099 -1321-013-00 2863 CHABLIS WAY SPAETH MARY L TR
44 099 -1325-012-00 4715 BENNETT DR ARROYO/LIVERMORE BUSINESS PARK LP 45 099 -1325-022-02 4536 LAS POSITAS RD ARROYO/LIVERMORE BUSINESS PARK LP 46 099 -1325-023-00 ARROYO VISTA ARROYO/LIVERMORE BUSINESS PARK LP 47 099 -1325-027-02 LAS POSITAS RD ARROYO/LIVERMORE BUSINESS PARK LP 48 099 -1325-029-02 LAS POSITAS RD ARROYO/LIVERMORE BUSINESS PARK LP 49 099 -1325-030-04 LAS POSITAS RD ARROYO/LIVERMORE BUSINESS PARK LP 50 099 -1325-085-00 BENNETT DR ARROYO/LIVERMORE BUSINESS PARK LP 51 099 -1325-089-00 BENNETT DR ARROYO/LIVERMORE BUSINESS PARK LP 52 099 -1326-029-00 5340 BRISA ST KENT E G & BEVERLY C TRS 53 099 -1326-037-00 LA RIBERA ST PETERSON PROPERTIES LLC 54 099 -1328-154-00 SPRINGTOWN BLVD SPRING VALLEY ASSOCIATION III 55 099 -1331-012-00 200 E AIRWAY BLVD SAN FRANCISCO BAY AREA RAPID TRANSIT

DISTRICT
56 099 -1332-065-00 966 WAVERLY CMN VALHALLA HOMEOWNERS ASSOCIATION 57 099 -1336-097-05 LOCH LOMAND WAY PORTOLA GLEN TOWNHOMES OWNERS

ASSOCIATION
58 099 -1336-109-00 HIGHLAND ST EDINBURGH FORTUNES LLC
59 099 -1349-003-03 CONTRACTORS PL RAMAN HARINDER LLC
60 099 -1349-023-00 CONTRACTORS PL TA DAH LLC
61 099 -1362-004-00 HANSEN RD MALAKOFF NATHAN
62 099 -1368-001-00 3401 HANSEN RD CALIFORNIA WATER SERVICE COMPANY 63 099 -1368-002-00 HANSEN RD MALAKOFF NATHAN G & JENNIFER M TRS 64 099 -1370-003-00 1670 PORTOLA AVE MANCINI KAROL & RANDY 65 099A-1500-048-002171 RESEARCH DR DPR REAL ESTATE INVESTMENTS LLC 66 099A-1500-074-012176 RESEARCH DR LREH CALIFORNIA LLC 67 099A-2926-003-00S VASCO RD Jiang Licheng
68 099A-2939-002-002453 COWAN WAY FRYDENDAL SUE TR
69 099B-5050-001-12908 N VASCO RD UNG CISSY S
70 099B-5050-006-055905 NORTHFRONT RD WOOD FAMILY DEVELOPMENT LLC 71 099B-5100-005-001080 CENTRAL AVE 1080 CENTRAL LLC
72 099B-5304-003-021893 N VASCO RD UNITARIAN UNIVERSALIST CHURCH

LIVERMORE
73 099B-5351-018-11VASCO RD ALAMEDA COUNTY FLOOD CONTROL 74 099B-5401-009-00LAUGHLIN RD LAUGHLIN KATHRYN M TR
75 099B-5401-010-00LAUGHLIN RD GARCIA TIMOTEO R & ELIZABETH N 76 099B-5401-011-00788 LAUGHLIN RD LAUGHLIN KATHRYN M TR 77 099B-5401-012-006978 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT

DISTRICT
78 099B-5401-013-016884 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT

DISTRICT
79 099B-5401-013-03NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT

DISTRICT
80 099B-5401-016-01NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT

DISTRICT
81 099B-5401-017-006784 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT

DISTRICT

EXHIBIT A
134
82 099B-5401-018-01NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT

DISTRICT
83 099B-5401-019-006690 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT

DISTRICT
84 099B-5425-003-00HERMAN AVE SAN FRANCISCO BAY AREA RAPID TRANSIT

DISTRICT
85 099B-5425-004-00801 HERMAN AVE SAN FRANCISCO BAY AREA RAPID TRANSIT

DISTRICT
86 099B-5425-005-00NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT

DISTRICT
87 099B-5425-006-006634 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT

DISTRICT
88 099B-5425-007-00NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT

DISTRICT
89 099B-5450-002-00LAUGHLIN RD EAST BAY REGIONAL PARK DISTRICT Land Aquis. Dept
90 099B-5450-003-001467 LAUGHLIN RD EAST BAY REGIONAL PARK DISTRICT Land Aquis. Dept
91 099B-5700-002-07151 GREENVILLE JDB PROPERTIES LLC
92 099B-5700-003-01N GREENVILLE RD S P CO 872-1-99L-42
93 099B-5752-010-00LONGFELLOW CT D J SMITH FAMILY PARTNERSHIP 94 099B-5752-011-00LONGFELLOW CT D J SMITH FAMILY PARTNERSHIP 95 099B-5753-003-00HAWTHORNE AVE KEECH DONALD E & CHIEKO Y TRS 96 099B-5753-007-007589 NATIONAL DR EVANS DAN L & KATHLEEN M TRS & EVANS

WAYNE ETAL
97 099B-5753-038-00751-799 ENTERPRISE CT EVANS DAN L & KATHLEEN M TRS 98 099B-5753-039-00750-758 ENTERPRISE CT Enterprise Court LLC 99 099B-5753-040-00704-748 ENTERPRISE CT ENTERPRISE COURT LLC 100 099B-5753-045-00NATIONAL DR EBI DEVELOPMENT GROUP LLC 101 099B-5753-063-007925 NATIONAL DR TOPCON POSITIONING SYSTEMS INC 102 099B-5753-064-007979 NATIONAL DR TOPCON POSITIONING SYSTEMS INC 103 099B-5753-065-007933 NATIONAL DR TOPCON POSITiONING SYSTEMS INC 104 099B-5875-029-00SOUTHFRONT RD P G & E CO 135-1-43A-1 105
099B-5900-002-095945 SOUTHFRONT RD SINGH JADWINDER & DHALIWAL ALKESH K

TRS ETAL
106 099B-8103-013-03LAS POSITAS RD KAISER FOUNDATION HOSPITALS 107 099B-8103-014-02LAS POSITAS RD KAISER FOUNDATION HOSPITALS 108 099B-8103-024-00LEISURE ST GERGES HANY E & LIDIA
109
099B-8103-025-00LEISURE ST SANCHEZ CANDELARIO & VELVET S TRS ETAL
110
099B-8103-035-00VAUGHN AVE TAMAR REALTY LAS POSITAS LOGISTICS

CENTER CA LP
111 099B-8104-007-00COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 112 099B-8104-008-00COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 113 099B-8104-009-00COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 114 099B-8104-010-00COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 115 099B-8104-011-00COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 116 099B-8110-046-00SOUTHFRONT RD Livermore Medical LLC 117 099B-8110-062-00LAWRENCE DR LIVERMORE LIFE PROPERTIES LLC 118 099B-8110-064-00LAWRENCE DR LIVERMORE LIFE PROPERTIES LLC 119 099B-8110-078-00200 N GREENVILLE RD NIJJAR KARAMJIT S & RAJINDER K

EXHIBIT A
135
120 099B-8110-079-00N GREENVILLE RD AHUJA ENTERPRISES LLC ETAL 121 099B-8110-081-00200 S FRONT RD PPV PROPERTIES LLC ETAL 122 099B-8117-024-03LAUGHLIN RD HOM WING Y & LAI C TRS
123
099B-8120-053-00DRY CREEK CT BLUFFS IN LIVERMORE OWNERS

ASSOCIATION
124
099B-8120-054-00LAKE CT BLUFFS IN LIVERMORE OWNERS

ASSOCIATION
125 099B-8126-006-00631 PINNACLE GNOVEL JOHN P & SOOSUR SUSAN S 126 902 -0008-001-00 3658 LAS COLINAS RD ADVENTUS
127
902 -0008-002-02 US HWY 50 E FERRARI FAM LTD PTP & SCHMIDIG FRANK

JR ETAL
128
903 -0010-002-04 COLLIER CANYON RD CHABOT LAS POSITAS COMMUNITY

COLLEGE DISTRICT
129 903 -0010-028-00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 130 903 -0010-029-00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 131 903 -0010-030-00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 132 903 -0010-046-00 PORTOLA AVE SUTTER HEALTH
133 903 -0010-047-00 PORTOLA AVE SUTTER HEALTH
134 903 -0010-048-00 PORTOLA AVE SUTTER HEALTH
135 903 -0010-052-00 PORTOLA AVE SUTTER HEALTH
136 903 -0010-053-00 PORTOLA AVE SUTTER HEALTH
137 903 -0010-054-00 PORTOLA AVE SUTTER HEALTH
138 904 -0004-064-00 NISSEN DR LIVERMORE AIRWAY BUSINESS PARK 139
904 -0005-003-30 200 E AIRWAY BLVD COUNTY ALAMEDA FLOOD CONTROL &

WATER CONSERVATION
140
904 -0005-003-33 200 E AIRWAY BLVD SAN FRANCISCO BAY AREA RAPID TRANSIT

DISTRICT
141 904 -0005-004-07 US HWY 50 E GANDOLFO CATHERINE ETAL 142
904 -0012-009-00 625 W JACK LONDON BLVD
(DISCOVERY DR)

ARKAY LAND LLC
143 904 -0012-010-00 450 DISCOVERY DR ARKAY PROPERTIES LLC 144 904 -0012-011-00 DISCOVERY DR ARKAY PROPERTIES LLC
145 904 -0012-012-00 DISCOVERY DR CH DISCOVERY DRIVE LLC 146 904 -0012-013-00 DISCOVERY DR CH DISCOVERY DRIVE LLC 147 905 -0009-013-03 COLLIER CANYON MONUMENT PROPERTIES LIVERMORE LLC 148 905 -0010-004-03 TRIAD DR (OLD GLORY DR) SDLT INVESTMENTS VII LLC 149 905 -0010-006-00 TRIAD DR (OLD GLORY DR) SDLT INVESTMENTS VII LLC 150
905 -0014-015-00 N CANYONS PKWY LIVERMORE VALLEY JOINT UNIFIED

SCHOOL DISTRICT
151 905 -0015-008-00 2768 COLLIER CANYON RD CHU YUETMING & MIRIAM L TRS 152 905 -0015-018-00 CONSTITUTION DR KMTJ INVESTMENTS LP 153 905 -0015-019-00 CONSTITUTION DR KMTJ INVESTMENTS LP 154
905 -0015-026-00 2620 COLLIER CANYON RD CORNERSTONE FELLOWSHIP OF

LIVERMORE CALIFORNIA
155
905 -0015-027-00 2620 COLLIER CANYON RD CORNERSTONE FELLOWSHIP OF

LIVERMORE CALIFORNIA
156
905 -0015-028-00 2620 COLLIER CANYON RD CORNERSTONE FELLOWSHIP OF

LIVERMORE CALIFORNIA
157
905 -0015-029-00 2620 COLLIER CANYON RD CORNERSTONE FELLOWSHIP OF

LIVERMORE CALIFORNIA
158 099 -0725-212-00 2301 BESS AVE ATWAL DEEPAKPAL & HARPARTAP

EXHIBIT A
136
159 099 -1356-006-00 303 E VINEYARD AVE SINGH SURINDER K TR 160 098 -0250-005-00 OAK ST W P CO 843-1-22-8
161
099 -0015-063-00 2301 LAS POSITAS RD VIAZON HOLDING LLC, LIVERMORE LAS

POSITAS SERIES
162
099 -0015-064-00 LAS POSITAS RD VIAZON HOLDING LLC, LIVERMORE LAS

POSITAS SERIES
163 099 -0015-022-02 LAS POSITAS MATTO ALLEN J & CAROL A TRS 164 099 -0015-022-03 LAS POSITAS COOK DEVIN C & AUDRA M 165 099 -0015-023-04 1309 HILLIKER ADAMS SHELLY TR
166 099 -0015-024-00 1301 HILLIKER FUKUSHIMA HIROSHI & DIANNE TRS 167 099 -0015-026-06 1365 HILLIKER FEDERICO JOHN & GINNY D 168 099 -0015-028-02 LAS POSITAS RUBY BEAR LP
169 099 -0015-030-00 1300 HILLIKER GREENE WILLIAM J & LIEN L 170
099 -0015-031-00 1250 HILLIKER RUSSELL JERRY L JR & ARENDELL LEILANI W TRS
171 099 -0015-039-00 1300 HILLIKER ZACHARIAH FAMILY HIGH BASIS L P 172 099 -0015-040-00 1302 HILLIKER MUMFORD STEVEN & SUSAN 173 099 -0682-006-00 ARROYO LEE SHIUH K & WEI SHUYIN J TRS 174 099 -1325-043-00 5002 PRESTON BAY AREA LLC
175 902 -0008-010-04 US HWY 50 E U PROPERTIES LVS LLC
176 902 -0008-011-06 US HWY 50 E ANDERSON CALVIN B Tr
177 903 -0010-049-00 PORTOLA SUTTER HEALTH
178 099 -0679-048-00 CHURCHILL DOWNS LN SHEN JIEYONG TR 179
099B-8129-005-00Northfront Rd PENINSULA REAL ESTATE INVESTMENT LLC
180
099B-5450-010-03LAUGHLIN RD WESTERN TITLE GUARANTY CO CONTRA

COSTA CO DIV
181 099 -1326-042-00 305 S VASCO RD D BRUZZONE LLC
182 099 -0400-007-28 LOMITAS AVE ROMAN CATHOLIC BISHOP OAKLAND 183
099B-5075-006-10VASCO RD COUNTY ALAMEDA FLOOD CONTROL &

WATER CONSERVATION
184 098 -0264-024-02 JUNCTION AVE WP CO 843-1-23-1
185 098 -0260-022-04 N I ST W P CO 843-1-22-14
186 098 -0290-007-02 N N ST W P CO 843-1-22-POR-6
187 098 -0290-008-02 N P ST WP CO 843-1-22-POR-6
188 098 -0290-009-02 VINEYARD AVE W P CO 843-1-22-POR-6 189 099B-5752-024-006877 Brisa St BOARD OF TRUSTEE OF Lsj UNIVERSITY TR 190 099 -0040-075-00 5605 SOUTHFRONT RD MCGRATH RENTCORP 191 099 -0040-076-00 5605 SOUTHFRONT RD LI MCGRATH RENTCORP 192 099 -0040-078-00 5605 SOUTHFRONT RD MCGRATH RENTCORP 193 099 -0040-079-00 5605 SOUTHFRONT RD MCGRATH RENTCORP 194 099 -0256-001-00 E STANLEY REES ANNIE
195
099 -0257-001-00 400 WALL ST LIVERMORE VALLEY JOINT UNIFIED

SCHOOL DISTRICT
196 099 -1356-005-00 355 E Vineyard Ave ABBOUD FAYEZ E & RIMA F TRS 197 099 -1343-033-00 353 Kalthoff Cmn La Phong & Sai Etal 198 099 -1343-024-00 51 Vallecitos Rd MUSCO FELIX P & JOSEPHINE 199
099 -1343-035-02 342 Kalthoff Cmn DANGTRAN JOSEPH V & PHUONGUYEN N TRS
200 099 -1343-019-00 763 Kalthoff Cmn LIN ALAN Z & XING SUSAN S TRS 201 099 -1343-030-00 320 Kalthoff Cmn Livermore Crest LLC

EXHIBIT A
137
202 099 -1361-006-00 567 E Vineyard Ave HLW LLC
203 099 -1356-007-00 221 E Vineyard Ave XU YINGMIN & CHEN JIE 204
904 -0004-004-02 US HWY 50 W SAN FRANCISCO BAY AREA RAPID TRANSIT

DISTRICT
205
904 -0004-004-03 US HWY 50 W SAN FRANCISCO BAY AREA RAPID TRANSIT

DISTRICT
206 097 -0022-001-00 1783 2nd St MITOMA PROPERTIES LLC
207 099A-2902-010-005054 ERICA WAY BENNETT LEON R
208 099A-2902-013-00372 ERICA CT REPPAS JULIE V & STEVEN D 209 099A-2902-014-00360 ERICA CT HOWARD NICHOLAS L & JUNKO 210
099 -1311-035-07 2395 Lennox Ln CORNERSTONE REALTY FINANCE &

INVESTMENTS CORP
211
099 -1366-004-00 Cellars Drive LAGISS TERESA A & SAUER CHRYSANNE TRS
212
099 -1367-004-00 Lagiss Drive LAGISS TERESA A & SAUER CHRYSANNE TRS
213
099 -1367-005-00 Lagiss Drive LAGISS TERESA A & SAUER CHRYSANNE TRS
214 099 -0751-012-08 2111 Pleasant View Ln BURY DOUGLAS W & SHARI G TRS 215 903 -0014-004-00 PORTOLA AVE SHEA HOMES INC
216 903 -0014-005-00 PORTOLA AVE SHEA HOMES INC
217 903 -0014-006-00 PORTOLA AVE SHEA HOMES INC
218 903 -0014-007-00 PORTOLA AVE SHEA HOMES INC
219 903 -0014-008-00 PORTOLA AVE SHEA HOMES INC
220 098 -0356-139-00 10 N Murrieta Blvd Lexington Associates 221 099B-8110-013-007480 Las Positas Rd RTM PROPERTIES LLC 222 098 -0213-003-05 Elm St JOHAL AMRIK & GHAG MAKHAN
223 098 -0213-003-03 732 N K ST (ELM ST) STOTTLEMYER JUSTIN H & REBEKAH H 224 097 -0143-056-00 1202 Concannon Blvd. HANALEI SUNSET LLC 225 904 -0004-072-00 ARMSTRONG ST LIVERMORE AIRWAY BUSINESS PARK 226 904 -0004-073-00 ARMSTRONG ST LIVERMORE AIRWAY BUSINESS PARK 227 903 -0010-056-00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 228 903 -0010-057-00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 229 903 -0010-058-00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 230 903 -0010-061-00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 231
904 -0012-018-03 875 Atlantis Ct LIVERMORE AMADOR VALLEY TRANSIT

AUTHORITY
232
099 -1343-011-00 1343 e vALLECITOS rD LIVERMORE AREA RECREATION & PARKS

DISTRICT
233
099B-5300-010-00Vasco Rd ALBRIGHT SHARON L & ELK KAREN J TRS &

ELK KAR ETAL
234 099A-2936-007-002600 S Vasco Rd SCOTT RICHARD H TR
235 098 -0346-021-00 909 N L St DERONG INVESTMENT 1 LLC 236 098 -0346-022-00 909 N L St DERONG INVESTMENT 1 LLC 237 099 -1365-008-00 Holmes St ROBERT D & DEBORAH D BOSSI 238 098 -0298-005-00 659 Andrews St SABIN DON
239 099 -1343-012-00 E VALLECITOS RD KKB BRO LLC
240 099 -0185-003-00 E STANLEY BLVD W P CO
241 099 -0175-019-02 E STANLEY BLVD W P CO
242 099 -0175-019-01 E STANLEY BLVD W P CO
243 099 -0175-014-02 E STANLEY BLVD W P CO

EXHIBIT A
138
244 098 -0251-009-00 OAK ST W P CO
245 099 -0051-020-05 1ST ST W P CO
246 099 -0051-020-06 1ST ST W P CO
247 099 -0040-022-00 N MINES RD W P CO
248 099 -0040-017-04 N MINES RD W P CO 843-1-23A-15
249 099 -0040-017-01 N MINES RD W P CO
250 099A-1400-013-01EAST AVE W P CO
251 099A-1475-008-08EAST AVE W P CO
252 099A-1475-008-02GREENVILLE RD W P CO

EXHIBIT A
139

CITY COUNCIL STAFF REPORT
ITEM NO. 5.12

DATE:

March 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Christine Martin, Assistant City Manager
SUBJECT:

Resolutions approving City Council Norms, Values and Principles of Governance, and the City Council Meeting Rules of Procedure.

RECOMMENDED ACTION

Staff recommends the City Council adopt resolutions approving the City Council Norms, Values and Principles of Governance, and the City Council Meeting Rules of Procedure.

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

DISCUSSION
On February 2, 2023, the City Council held a special meeting workshop to consider proposed changes to the City Council's Norms, Values, and Principles of Governance, as well as to the City Council Meeting Rules of Procedure.

For both documents, the proposed amendments reflect the amendments presented by staff at the workshop, and further revisions that incorporate the City Council's comments and by staff for additional clarification. The recommended changes from the workshop, with the additional clarifying changes by staff, are contained in Attachments 1 and 2 to this staff report.

ATTACHMENTS

1. Redlined City Council Norms, Values, and Principles of Governance

2. Redlined Changes to Rules of Procedure

3. Resolution Amending and Adopting City Council Norms, Values, and Principles of Governance

4. Exhibit A - City Council Norms Values and Principles of Governance 140

5. Resolution Amending and Adopting City Council Meeting Rules of Procedure

6. Exhibit A - City Council Meeting Rules of Procedure, revised 02-27-2023

Prepared by: Christine Martin
Assistant City Manager

COUNCIL NORMS
Demonstrate Respect and Show Professionalism
The City Council shows respect and practices professionalism through their actions and words, and shows compassion for community, staff, and other members of the City Council in all situations, including those involving disagreement and difference.

We focus on forward thinking, while building on history and lessons learned from the past. We avoid responding to perceived derogatory or repugnant public comments during City Council meetings. Out of respect to each other, staff, and members of the public, we avoid using cell phones and other communication devices during City Council and other public meetings where we preside.

Take Responsibility
We are accountable to the community, staff, and to each other for our actions and words. We hold ourselves to the highest ethical standards. We act with integrity and lead by example.

Encourage Civic Engagement
We value and encourage the input of others, and challenge ideas not individuals in our role as policy makers. We recognize the importance of input from various groups and seek to actively engage the community.

Show Appreciation
When appropriate, we recognize and show genuine appreciation for the hard work and accomplishments of staff, advisory body members, community organizations, members of the public and fellow City Council members.

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

COUNCIL VALUES
Trust
We value and foster trust and honesty among staff and one another. We listen to others and seek to create an environment of mutual support.

Honest and Effective Communication
We commit to direct, respectful communication to seek a shared understanding. We value diversity of thought and will engage in open dialogue with each other and the public.

Data Driven Decision Making
We seek to make data driven (qualitative and quantitative) policy decisions. Our findings will rely on fact-based evidence, not unvalidated assumptions.

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Teamwork
We work as a team to create effective policy, focusing on the best outcomes for the community, as a whole.

Enthusiasm and Effort
We have a genuine enthusiasm for our role as policy makers and community leaders.

We come to meetings well prepared and ready for robust discussion.

PRINCIPLES OF GOVERNANCE
The City Council will govern on an at-large (community-wide) basis to address the needs of the entire community. Resources will be allocated based on community-wide priorities. To ensure a community-wide focus, City Council members and residents may communicate directly regardless of the district the Council member represents or the district where the community member lives.

Council-Staff Relations
Council and staff work in partnership to achieve our goals. Consistent with Livermore's Council-Manager form of local government, the City Manager plays a central role in directing and facilitating Council-staff relations. Typically, Council members are expected to engage only with Department Directors and other executive staff, and to do so under the direction of the City Manager. Similarly, Council members are expected to engage with City Attorney staff only with the consent of the City Attorney. Trust and effective communication are key to ensure a productive partnership.

Council Responsibility
The primary role of the City Council is to act as policy makers and to govern the activities of the City of Livermore. We strive to understand and reflect the entire community's values and needs. To achieve this, we serve as an oversight body and provide clear policy direction to staff and follow through with the community. We recognize our responsibility of making sound financial decisions that enhance the quality of life for Livermore residents.

Council members are encouraged to seek information and advice from the City Manager and City Attorney as part of their due diligence when forming their own opinions and developing their courses of action on issues. The Council recognizes that staff time is a limited resource and that in some cases complying with Council direction may require substantial staff time. In such cases staff will inform Council if their direction cannot be absorbed and that reprioritization of other tasks may be necessary. Before requesting an item under Matters Initiated, a City Council member is expected to ask the City Manager if there is adequate staff resource capacity needed to address the requested item.

Staff Responsibility

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It is the responsibility of staff, under the direction of the City Manager, to support the City Council and implement policies created by the Council. The City Manager is critical in helping to translate the policy direction for staff, and to ensure that there is sufficient clarity and context. The City Manager and staff shall not take any action requested by an individual Council Member even when that action is consistent with Council priorities.

To effectively support Council, staff will provide timely and complete information needed to make sound policy decisions. Reports and recommendations will be comprehensive and contain explicit and clear information including all facts. Staff will include options or alternatives when appropriate. Additionally, staff is expected to provide guidance and advice to Council, ensuring that they are complying with rules and procedures, and adhering to norms and values.

City Attorney Responsibility
It is the responsibility of the City Attorney, as the chief legal advisor of and attorney for the City and all its departments and office, to provide legal oversight of the City's governance, operation and public policy. The City Attorney provides legal advice and counseling to the City Council as a body and takes direction from a majority of the City Council. The City Attorney shall not take any action requested by an individual Council Member contrary to the desires of the City that have been expressed by a majority of the City Council. The City Attorney counsels and advises the City Council, City Manager, and staff of policy matters to help them make well informed decisions but does not create policy other than through the Risk Management Division's functions.

The City Attorney advocates for the City and upholds the integrity of the City's ordinances, regulations, and policies.

As the advisor and advocate for the City, the City Attorney owes two duties directly to the public: to act as a check on governmental action in certain limited circumstances, and to accurately advise the public when called upon to do so. In addition, the City Attorney is a constitutional officer that has direct authority to take certain actions independent of direction from the City Council and must also fulfill the rules of professional responsibility as an attorney and as a government attorney.

Council- Advisory Body Relations
The City Council has created boards, commissions, and committees to advise the City Council. Advisory body members are appointed by and serve at the pleasure of the City Council. We recognize and value the role of advisory bodies to reflect the entire community through their recommendations to inform our policy decisions. Advisory bodies communicate to the City Council through their annual updates, meeting actions and/or through their staff-liaisons. City Council can provide guidance to the advisory bodies by commenting on their proposed annual work plans, included with their annual updates.

Revised October 2022March 2023
ATTACHMENT 1
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City Council Meeting Rules of Procedure
In addition, the City Council is also governed by City Council Meeting Rules of Procedure.

Revised October 2022March 2023
ATTACHMENT 1
145
1 Revised 2022.11.142023.02.27

CITY COUNCIL MEETING

RULES OF PROCEDURE

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

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

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

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

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

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

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

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

ATTACHMENT 2
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2 Revised 2022.11.142023.02.27

5. Presiding Officer

The Mayor is the presiding officer for each meeting of the City Council that the Mayor attends. In the Mayor’s absence, the Vice Mayor shall be the presiding officer for the meeting when the Vice Mayor is present. In the absence of both the Mayor and the Vice Mayor, the Council Members present at the meeting shall select a presiding officer. [36802].

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

6. Mayoral Duties and Responsibilities

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

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

6.1 Appointment of Vice Mayor and Vice Mayor Duties and Responsibilities

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

The Vice Mayor shall be selected for a one-year term and shall be selected at the meeting certifying the election results in each even-numbered year and in December of each odd- numbered year. The Vice Mayor shall have all the powers and duties of a mayor pro tempore as provided by statute. The Council Member selected as Vice Mayor typically rotates among the Council Members.

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

6.2 Reserved

6.3 Seats on the Dais

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

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

ATTACHMENT 2
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6.4 Council Member Rooms

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

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

7. 6.5 Presiding Officer to Conducting Meetings

The Mayor’s duties andpresiding officer is responsibileities for conducting City Council meetings as the presiding officer are as follows:

6.5.17.1 Call to Order

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

6.5.27.2 Preservation of Order

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

6.5.37.3 Questions of Parliamentary Procedure

The presiding officer Mayor shall determine all questions of parliamentary procedure in consultation with the City Attorney and City Manager.

6.5.47.4 Reordering of Agenda

The presiding officer Mayor may reorder the items on the agenda for a noticed meeting to accommodate members of the public who wish to speak on an agenda item that would otherwise be considered by the City Council later in the meeting. The presiding officer ATTACHMENT 2
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4 Revised 2022.11.142023.02.27
Mayor shall announce the reorder prior to calling members of the public to speak during open forum.

6.5.57.5 Motion to Be Stated

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

87. General Rules – City Council Meetings

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

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

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

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

87.1 City Council Meeting Schedule

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

87.2 Quorum

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

87.3 Absences
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87.3.1 Absence and Compelling Attendance

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

87.3.2 Absentee Participation

If a Council Member wants to participate remotely in a meeting, the appropriate way to participate is through a teleconferenced or hybrid meeting as provided for in section 87.4.6 Teleconferenced and Hybrid Meetings. Absent Council Members are discouraged from communicating their opinions on agenda items to staff or other Council Members to present at the Council Meeting on behalf of the absent Council Member.

87.4 Types of Meetings

87.4.1 Regular Meetings

The Ci ty Council shall meet in the City Council Chambers in the Civic Center Meeting Hall for all regular City Council meetings. The regular meetings shall begin at 7:00 p.m. on the second and fourth Monday of each month, unless otherwise specified by posted not ice. If the meeting date falls on a legal holiday, the City Council shall meet at a date and time designated by the City Council. Regular meetings with closed session items may begin between 5:00 p.m.at 6:00 or 6:30 p.m. and 7:00 p.m. depending upon the number and complexity of the matters to be discussed. [36805, 54954; LMC 2.06.030].

87.4.2 Special Meetings

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

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

87.4.3 Special Meeting Workshops

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

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

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

87.4.4 Closed Session Meetings

Closed sessions may only be held as authorized by state law and shall be held in accordance with the provisions of the Brown Act. The closed sessions may precede or follow a regular meeting or be called as a special meeting. In addition to the provisions in Section 87.4.2 Special Meetings, the City Attorney or City Manager may call and notice closed session meetings as special meetings. [54954.5, 54956.5, 54956.7-54957.1, 54962].

After meeting in closed session, the City Council shall reconvene in open session and make a public report, either orally or in writing, of any reportable action taken in the closed session and the related vote tabulation. [54957.1, 54957.7].

Closed session matters should be managed within the expected time limits for all items. Lengthy closed session matters should be scheduled at the end of a Council Meeting or as a separate special meeting. If a closed session is scheduled before the start of a regular Council meeting, it should conclude no later than 10 minutes before the start time for the regular Council meeting. When necessary, the closed session can be continued to the end of the agenda for the regular Council meeting, but that should be avoided when possible.

87.4.5 Concurrent Meetings

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

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

87.4.6 Teleconferenced and Hybrid Meetings

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The City Council may meet from different locations connected by electronic means consistent with the provisions of the Brown Act effective at the time of the scheduled meeting. The City Council may adopt, by resolution, specific procedures for teleconferenced and hybrid meetings consistent with state law. Those procedures should encourage staff and the City Council to monitor connectivity and to rapidly address the technical issues for orderly management of the meeting consistent with the applicable statutory requirements. [54953].

87.4.7 Adjourned Meetings, and Adjourned Regular Meetings

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

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

87.4.8 Emergency Meetings

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

87.4.9 City Council Committees

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

Care should be taken to not overburden staff, and therefore, City Council subcommittees should only be created in consultation with the City Manager and the City Attorney. City Council subcommittees should be created judiciously. Staff support shall only be provided to those City Council committees duly created as set forth in these rules.

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

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schedule established by the City Council, shall c omply with the Brown Act and follow these rules of procedure. [54952(b)].

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

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

The City Manager shall keep a record of all standing and ad hoc City Council subcommittees that reflects the committee’s creation date, composition, task, duration, and sunset date. The City Manager shall advise the City Council at a duly noticed Council Meeting of any ad hoc subcommittee that has not sunset within one year of its creation so that the City Council can consider whether to terminate the ad hoc subcommittee or reconstitute it as a standing committee.

87.5 Notice and Agenda Posting

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

87.5.1 Regular Meetings

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

87.5.2 Special Meetings and Workshops

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

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

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

87.7 Continuance of Agenda Items

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

87.7.1 Discovery of Good Cause Before an Item is Considered

If go od cause to continue an item is discovered by City staff after a notice or agenda is posted but before the meeting commences, then after calling the meeting to order the Mayor presiding officer shall identify the item and announce that is has been continued.

87.7.2 Good Cause to Continue During Consideration

Once an item has been taken up for consideration, City staff, a Council Member, or a participating party as defined in Section 109.5.3 Participating Parties may request a continuance of the item. The item may only be continued following a majority vote of the Council Members present.

87.7.3 Public Comment for a Continued Item

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

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

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87.8.1 Canvass and Reorder

At 10:30 p.m., or as soon thereafter as practical, the Mayor presiding officer shall canvass staff and Council Members present to identify the remaining agenda items for consideration. The Mayor presiding officer will then identify what items will be considered or continued, and in what order. Once the Mayor presiding officer outlines the balance of the agenda, it may not be amended absent an appeal by a Council Member.

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

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

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

87.8.3 Exceptions

The City Council may commence consideration of an item after 11:00 under the following circumstances:

a. An item is subject to a legal deadline, such as a project application subject to the Permit Streamlining Act; or,

b. The City Council votes to allow consideration of the item after 11:00 p.m.

87.9 Breaks.

The Mayor presiding officer shall provide for a 10 min break after approximately every two hours of meeting time. The break should be called at a convenient point in the proceedings closest to the two-hour mark. Council Members may request breaks at other times as needed. Council Members and staff are expected to return promptly at the designated time to resume the meeting.

87.10 Points of Order, Privilege, and Personal Privilege

A Council Member may ask for a point of order, at which time the Mayor presiding officer will ask for an explanation. Appropriate points of order relate to matters that a Council Member considers inappropriate conduct for the meeting, such as the failure t o observe ATTACHMENT 2
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these Rules of Procedure, the City Council’s Norms and Values , or the rules of parliamentary procedure.

A Council Member may seek a point of privilege. If so, the presiding officerMayor shall ask for an explanation of the Council Member’s point. Points of privilege generally relate to matters that interfere with a normal flow or comfort of the City Council’s meeting, such as the inability to hear testimony because of disruption.

A Council Member may ask for a point of personal privilege when the integrity, character, or motives of the Council Member are called into question by a speaker; or where the welfare of the City Council is concerned.

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

87.11 Minutes

87.11.1. All Proceedings Recorded

An account of all open meetings of the City Council shall be recorded, and action minutes prepared, by the City Clerk. [3 6814, 40801]. After the City Council approves the meeting minutes, the City Clerk shall enter them into official minute books of the City Council. The City Attorney may prepare attorney work product notes for closed session meetings attended. [36814].

87.11.2 Approval

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

a. The City Council shall approve minutes for a regular meeting, special meeting, and special meeting workshops, except that City Council approval is not required for the City Attorney’s closed session attorney work product notes.

b. A Council Member may not approve the minutes for any City Council meeting that the Council Member did not attend, unless the Council Member observed the meeting or reviewed a video or audio recording prepared for that meeting .

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

c. If no Council Members are eligible to approve the minutes for a City Council meeting, then the City Clerk shall attest to the accuracy of the meeting minutes and enter them into official minute books of the City Council.

87.11.3 Preferred Method of Recordation and Minutes ATTACHMENT 2
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City Council meetings may be recorded by electronic means.

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

87.12 Staff Attendance

87.12.1 City Manager

The City Manager shall attend all City Council meetings unless excused by the Mayor, and the City Manager’s designee attends. [LMC 2.08.060.F]. The City Manager may make recommendations and shall h ave the right to take part in all discussions of the City Council, but shall have no vote.

87.12.2 City Attorney

The City Attorney shall attend all City Council meetings unless excused by the Mayor, and an Assistant City Attorney attends. Upon the Cit y Council’s request, the City Attorney shall provide opinions and recommendations, either written or oral, on questions of law and procedure.

87.12.3 City Clerk

The City Clerk shall attend all City Council meetings unless excused by the City Manager, and in his or her absence, the City Clerk’s designee shall attend. The City Clerk shall record, prepare, and maintain the official record of the City Council’s proceedings and perform other related duties as may be prescribed by the City Council and the City Manager. [36814, 40801].

87.12.4 Department Heads/Employees

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

87.12.5 Sergeant-at-Arms

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

87.13 Meetings That Are Not Subject to the Brown Act

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As provided by the Brown Act, a quorum of the City Council may attend conferences and similar gatherings, open community meetings organized by a person or organization other than the City Council, open and noticed meetings of another legislative body other than a City advisory body, and social and ceremonial gatherings without complying with the notice and agenda requirements in these rules of procedure, provided that the Council Members do not discuss among themselves business of a specific nature that is within the City’s subject matter jurisdiction. [54952.2(c)(3)-(5)].

Meetings of an ad hoc City Council subcommittee areis not subject to these rules of procedure unless the Mayor or City Council expressly states that the subcommittee shall follow these rules. [54952].

Briefings of less than a quorum of the City Council are not subject to these rules of procedure provided the briefings comply with the Brown Act. [54952.2; Wolfe v. City of Fremont, (2006) 114 Cal.App.4
th 533].

98. Agenda Development

The City Manager is responsible for preparing the City Council’s meeting agenda to present items requiring direction or action by the City Council. Items may also be placed on an agenda for City Council consideration in the following ways: by direction of a duly created City Council subcommittee with the City Manager’s concurrence; by direction of the City Attorney in consultation with the City Manager; by direction of a majority of Council Members during the matters initiated portion of the agenda to place an item on a future agenda; and under any processes set forth by statute or ordinance that requires City Council action, including City Council consideration of land use matters, appeals, and other matters as set forth in the Livermore Municipal Code and the Livermore Development Code.

The agenda shall contain a brief general description of each item of business to be transacted or discussed, including any items to be discussed in closed session. [54954.2, 54954.5].

109. Order of Business – Regular Meetings

The usual order of business for regular meetings shall be as follows:

109.1 Call to Order

This portion of the agenda is for roll call, the pledge of allegiance, and the reporting out from any closed session items that may have occurred prior to the meeting.

109.2 Proclamations and Presentations

This portion of the agenda is for City proclamations to recognize significant community events, people, or days. The presiding officerMayor shall read and present, or designate ATTACHMENT 2
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a Council Member to read and present , the proclamations. The City Manager, or his or her designee, may develop a policy regarding proclamations as a guide. It is also for City advisory bodies to make brief presentations to the City Council on their activities. As authorized by the presiding officerMayor or the City Manager, this portion of the agenda is also for other local, regional, or state legislative bodies and elected officials to make brief presentations to the City Council concerning activities of interest to the City.

These are ceremonial matters and not action items by the City Council. While the preference is for proclamations to be included in the posted agenda, the desire to recognize a significant community event, person, or day may arise or be discovered after an agenda is posted. In that case, the presiding officerMayor may make additional proclamations at a City Council meeting so long as they do not unduly interfere with the City Council’s business.

The publicPublic does not have the right to address the City Council during this portion of the agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa Barbara Bd. of Supervisors, (2005) 129 Cal.App.4th 205].

109.3 Confirmation of Advisory Body Appointments

This portion of the agenda is for City Council confirmation of appointments to advisory bodies and to administer the oath of office to advisory body members.

109.4 Open Forum

This portion of the agenda is for any member of the public to address the City Council on any item of interest to the public that is within the City Council’s subject matter jurisdiction.

However, to prepare and preserve a proper administrative record, public comments concerning an item listed elsewhere on the agenda should be reserved and addressed to the City Council when that item is called for consideration.

Open forum shall be limited to 30 minutes , usually before the consent calendar . If there are additional members of the public who wish to speak at the conclusion of the 30-minute time period, then the presiding officerMayor shall reconvene the open forum at the conclusion of the matters for consideration portion of the agenda unless the presiding officerMayor announces that open forum is reordered to a different place on the agenda.

The procedures for public comments during open forum are set forth in Section 121 Speakers’ Rights.

109.5 Consent Calendar

The consent calendar portion of the agenda is for routine items that are not expected to require City Council discussion. Examples of items for the consent calendar include the approval of minutes, resolutions confirming actions from a previous meeting, th e introduction and adoption of ordinances, and the processing of administrative items such ATTACHMENT 2
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as the approval of contracts, the acceptance of public improvements, and other routine items requiring City Council approval by ordinance, resolution, or law. Any Co uncil Member may pull an item for separate discussion. Members of the public may address the City Council on consent calendar items by following the procedures set forth in Section 121 Speakers’ Rights.

The items on the consent calendar are generally approved by the City Council by a single motion, but separate motions may be appropriate to accommodate a conflict of interest, an absence, or other Council Member interests.

10.69.5 Public Hearings

The public hearing portion of the agenda is reserved for it ems that require, by statute, ordinance, or practice, a noticed public hearing for action. The notices for public hearing items shall be posted in a newspaper of general circulation and mailed to property owners as required by law. [6060].

The procedures for public hearings are as follows:

109.65.1 Introduction

The presiding officerMayor shall call each item for hearing and consideration. If there are related public hearing items, the presiding officerMayor has the discretion to concurrently call the related items for hearing and consideration.

109.65.2 Staff Presentation

A member of City staff will then:

a. Introduce themselves and the item by identifying the report and other written material included in the agenda packet for the City Council’s consideration, as well as any written comments received from the public.

b. Identify any supplemental written materials that have been provided to the City Council for consideration, which were received or prepared for the item after the meeting agenda was published.

c. Identify any other staff members or consultants that will be part of the staff presentation or are otherwise present and available for City Council questions.

d. State whether the applicant is present and whether the applicant intends to make a presentation to the City Council.

e. Make an oral report, unless waived by the City Council.

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109.65.3 Participating Parties

Following the staff presentation, the applicant, appellant, and other named participant in the item that is party to an agenda item (collectively “participating parties”) may address the City Council. Participating parties shall address the City Council following the procedures set forth in Section 121 Speakers’ Rights.

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

109.65.4 Opening and Closing the Public Hearing

The purpose of the public hearing is to p rovide members of the public with an opportunity to address the City Council concerning the hearing item, as well as to express their support or opposition of the item. The presiding officerMayor will formally announce the opening of the public hearing and invite members of the public to address the City Council on the hearing item. Public speakers shall address the City Council following the procedures set forth in Section 1 21 Speakers’ Rights.

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

109.65.5 City Council Questions or Comments

Following the staff presentation and receiving, comments by the participating parties , receiving and from the public comments during the public hearing, if any, the City Council may ask questions of City staff, consultants, and participating parties, or make comments on the item.

109.65.6 City Council Deliberation

Following City Council questions and comments, the Mayor presiding officer will invite the Council Members to discuss the item to develop concurrence for a motion. Council Members may continue to ask questions of staff, consultants, and the participating parties as part of their deliberations. The procedures for City Council deliberation are set forth in Section 132 City Council Deliberation.

109.65.7. City Council Action

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After City Council deliberation, the presiding officerMayor shall call for a motion and a second as set forth in Section 14 Motions, and the City Council may make such motions as set forth in that section.

If the motion seconded for consideration is substantially different than the recommended action in the published staff report, the presiding officerMayor may invite public comments on the motion. Each speaker will be limited to one minute to comment on the motion; and the City Council has discretion to decide not to hear further comment if they choose. Public If invited, public speakers shall address the City Council following the procedures set forth in Section 1 21 Speakers’ Rights.

10.79.6 Matters for Consideration

This portion of the agenda is for items of business that require City C ouncil action or, direction, or the receipt of reports, or that would benefit from City Council discussion that do not also require a public hearing. Generally, the procedures for this portion of the agenda follow the same procedures found in sSection 109.5 Public Hearings, except that the public hearing is replaced by the opportunity for the public to comment after the staff presentation.

Prior to deliberating on matters for consideration, the City Council shall receive public comment as provided for in Section 121 Speakers’ Rights. After receiving public comment, the City Council shall deliberate as set forth in Section 132 City Council Deliberation and shall receive the report, take action, or provide direction as set forth in Section 14 Motions.

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

This portion of the agenda is for:

1. Each member of the City Council to provide brief reports on any intergovernmental agency meetings, conferences, community meetings, meetings of other legislative bodies, or other events of interest to the community. For efficiency and completeness, each Council Member should use the activity reporting spreadsheet and submit their reports to the City Clerk by noon on the day of the Council meeting so the report can be included in the supplemental materials distributed in advance of the meeting. Council members are encouraged to highlight in their oral presentations only those events of most interest to the community . To the extent practical, Council members should report on significant decisions being considered by the regional boards, commissions, an d committees to which they have been appointed for the City . For those events that the Council Member attended at the City’s expense, i t is the City Council’s preference to satisfy th e expense reporting requirement by submitting a written report of the ac tivities attended. [53232.2(d)];

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2. The City Manager, City Attorney, and City staff to provide information of community interest to the City Council and to seek direction from the City Council concerning items to be included on future agendas;

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

4. The City Council to request a matters initiated for staff to provide information, perform studies, or undertake other administrative functions or to develop information for Council action at a future meeting. Before requesting a matters initiated, the initiating Council Member is expected to confirm with the City Manager that there is adequate staff resource capacity to address the request, and the City Attorney to the extent the matter involves legal review . If the requested action is routine in nature, the City Manager will direct staff to proceed. Howeve r, if the request cannot be accomplished within the approved budget or City Council priorities, or will involve substantial staff resources, the City Manager will report to the City Council at a subsequent City Council meeting and request further direction. At that time, the consensus of a majority of the City Council will be required to proceed.

Members of the public do not have the right to address the City Council during this portion of the agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa Barbara Bd. of Supervisors, (2005) 129 Cal.App.4
th 205].

10.99.8 Adjournment

This portion of the agenda is for the presiding officerMayor to adjourn the City Council meeting at the conclusion of business and announceto its next meeting. The meeting may be adjourned to a regular meeting, special meeting, special meeting workshop, adjourned regular meeting, or adjourned special meeting. The presiding officerMayor may adjourn the meeting in honor of a distinguished Livermore resident or other person of community interest that has passed away.

Adjournment at any other point in the meeting other than after the conclusion of the business items on an agenda will requires a formal motion by the City Council.

110. Order of Business – Special Meetings and Workshops

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

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

110.1. Call to Order

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

110.2. Public Comment

The purpose of this portion of the agenda is to provide the public with the opportunity to address the City Council on only those items listed in the posted notice and agenda for the special meeting or workshop. Public comment shall be received immediately following the call to order for a workshop, and should be received immediately after the staff presentation, if any, for a special meeting.

Public speakers shall address the City Council following the procedures set forth in Section 121 Public’s Speaker’s Rights.

However, unlike a regular meeting, the agenda for a special meeting will not include a n open forum for the public to address the City Council on any item of interest to the public that is within the City Council’s subject matter jurisdiction, unless that opportunity is expressly included in the agenda.

110.3 Special Meeting Item and Workshop Item

Generally, the procedures for this portion of the agenda follow the procedures in Section

10.6.19.5.1 Introduction, 10.6.2 9.5.2 Staff Presentation, 10.6.59.5.5 City Council Questions and Comments, and 10.6.69.5.6 City Council Deliberations. The City Council may take a final action at a special meeting, but not at a workshop, as set forth in Section

87.4.2 Special Meetings and Section 87.4.3 Special Meeting Workshops

110.4 Adjournment

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

121. Speaker’s Rights

A City Council meeting is a limited public forum. [78 Ops.Cal.Atty.Gen. 224 (1995); Kindt v. Santa Monica Rent Control Bd. (9
th Cir. 1995) 67 F.3d 266; White v. City of Norwalk,
(9th Cir. 1990) 900 F.2d 1421; Leventhal v. Vista Unified School District (SD Cal. 1997) 973 F.Supp. 951]. Members of the public have the right to address the City Council and to attend its meetings, except for closed sessions and other meetings that permit t he public to be excluded as a matter of law. During the open forum portion of a regular meeting agenda, members of the public have a right to address the City Council on any item of interest to the public that is within the City Council’s subject matter ju risdiction.

Members of the public also have the right to address the City Council before the City Council considers or takes action on an item on any regular meeting agenda, except for ATTACHMENT 2
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items properly listed or considered in the Call to Order, Proclamations and Presentations, City Council Reports and Matters Initiated by Staff and City Council, and the Adjournment portions of the agenda. Members of the public shall be provided an opportunity to address the City Council concerning any item that is described i n the notice for special meeting workshops and special meetings. [54954.3].

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

121.1 Addressing the City Council

Members of the public who want to address the City Council during open forum or before the City Council considers or takes action on an item must indicate their desire by personally submitting a request to speak to the City Clerk, or his or her designee, using the methods specified by the City Clerk in the agenda for that meeting. A member of the public may not submit a request to speak on behalf of any other person. The methods for addressing the City Council will be described at each meeting. The City Clerk will prominently display the methods to address the City Council in the City Council Chambers or other location where the City Council gathers in person for a meeting.

The presiding officerMayor shall open public comment during open forum and for agenda items by asking the City Clerk whether there are any members of the public who wish to address the City Council. If there are, the presiding officerMayor will then ask the City Clerk to manage the process for calling on speakers physically present and participating remotely as described in Section 121.3.1. Once there are no more persons physically present who have expressed an interest in addressing the City Council, the City Clerk will then call upon the speakers participating remotely. Speakers may request the opportunity to address the City Council until the City Clerk announces that there are no more speakers who have expressed their interest to address the City Council. At that time, the presiding officerMayor will close the public comment period. Once the presiding officerMayor closes the public comment period, no more additional requests to address the City Council during open forum or for the agenda item will be accepted absent invitation by the presiding officerMayor.

The purpose of submitting a request to speak is to help the presiding officerMayor conduct the City Council’s meetings and to complete its business in an orderly fashion. The intent is not to limit testimony. Therefore, a member of the public will not be denied an opportunity to speak if a request to speak does not provide all of the lacks information requested from a speaker or because a speaker wants to remain anonymous. Speakers who have not submitted a request to speak on time may be heard by the presiding officer’sMayor’s recognition or by another Council Member’s successful appeal. [White v.

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

121.2 Speaker Time Limit

The amount of time allotted to each member of the public wishing to address the City Council shall be limited to a maximum of three 3 minutes. For the consent calendar, a ATTACHMENT 2
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speaker’s time is limited to a single comment with a maximum of three minutes for all consent calendar items that are pulled by a Council Memb er for separate discussion, in which case the speaker’s time shall be limited to a maximum of three minutes on the item pulled for discussion and a separate opportunity to speak of up to a maximum of three minutes for the balance of the consent calendar. . Individual members of the public may not yield their allotted time, or any remaining portion thereof, to anyone else. The presiding officerMayor may reduce the amount of time allotted to each speaker based upon the number of persons wishing to speak, the complexity of the item if one is being considered, the anticipated time reasonably needed to complete the remaining items on the meeting agenda, and other reasonable factors. [54954.3(b); Kindt v. Santa Monica Rent Control Bd. (9 th Cir. 1995) 67 F.3d 266; Chaffee v. San Francisco Public Library Commission, (2005) 134 Cal.App.4 th 109; 75 Ops.Cal.Atty.Gen. 89 (1992)]. A speaker using an interpreter , an d speakers needing accommodation for a disability, shall be allowed twice the allotted time. [54954.3].

Prior to calling for public comment during the open forum, as well as before the City Council considers or takes action on an item, the presiding officerMayor shall set and announce the time limit for each member of the public to speak before invit ing members of the public to the lectern to address the City Council. For the purposes of these rules, lectern means the physical podium in the meeting room provided for the public to address the City Council, but includes the electronic location utilized by the City Clerk to accept electronic comments during a City Council Meeting.

Open forum will conclude after 30 minutes , but if there are remaining speakers at the conclusion of the 30 minute time period who wish to address the City Council, then the open forum shall be reconvened after the Matters for Consideration portion of the agenda as set forth in Section 109.4 Open Forum.

121.3 Members of the Public Addressing the City Council

121.3.1 A list of people who have requested to speak shall be used to call each speaker to the lectern to address the City Council. The City Clerk will manage the process for calling speakers to the lectern or to unmute themselves if they are participating remotely. The speakers physically present in the meeting will be called upon before those participating remotely. When calling a speaker to the lectern the next two speakers will also be identified so they are prepared to address the City Council when called to the lectern.

121.3.2 The Mayor presiding officer may request each speaker to state his or her name and city of residence before addressing the City Council. A speaker is not required to provide his or her name or address in order to address the City Council. However, to the extent such information is relevant to the issues being considered by the City Council during a public hearing, the absence of such information may bear on the speaker’s credibility and the weight the City Council affords the speaker’s comments.

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121.3.3 Speakers shall address their comments only to the City Council as a body and not to a particular member.

121.3.4 Members of the public may only address the City Council from the lectern.

No member of the public, other than the speaker a t the lectern, may address the City Council, unless called upon by the presiding officerMayor.

121.3.5 No question shall be asked of Council Members by a speaker, except through the presiding officerMayor. No question shall be asked of a speaker by a Council Member, except through the presiding officerMayor.

Council Members, the presiding officerMayor, and the speaker are not obligated to answer any questions asked. The presiding officerMayor may refer questions to staff for a brief answer while the speaker is at the lectern.

121.3.6 Speakers shall not use their time to unduly disrupt the orderly conduct of the City Council’s meeting.

121.3.7 Speakers are encouraged to avoid repetition.

121.3.8 Speakers are encouraged to avoid making personal attacks.

121.3.9 Each speaker shall relinquish the lectern when his or her time to address the City Council has expired.

121.3.10 A speaker may use his or her allotted time to read letters or other documents, play electronic recordings at a non -amplified volume, or otherwise present information to the City Council in a non -disruptive manner, provided those activities are completed within the allotted time.

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

121.3.11 When called upon during open forum, speakers may address the City Council on any item of interest to the public within the City Council’s subject matter jurisdiction. [54954.3(a)].

121.3.12 When called upon to provide public comment on a specific item of business on the agenda, speakers shall focus their comments on that specific item of business before the City Council. [ 54954.3(a); White v.

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

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121.3.13 Members of the public addressing the City Council are limited to one oral public comment per speaker per item regardless of format or time submitted.

121.4 Participating Parties Addressing the City Council

Participating parties shall comply with the procedures set forth in Section 121 Public’s Speaker’s Rights when addressing the City Council, except that the participating parties shall each have up to a maximum of 10 minutes to address the City Council. The presiding officer Mayor may set and announce the time limit for each active participant to address the City Council based upon the same criteria set forth in Section 121.2 Speaker Time Limit.

When the City Council is acting in its quasi-judicial capacity, the presiding officerMayor may further modify the rules of procedure in this section, or adopt such additional rules of procedure and speaker times as may be reasonably necessary, to afford th e active participants with procedural due process commensurate with the rights at issue.

121.5 Public Criticism

Public criticism of the City’s policies, procedures, programs, or services, or of the acts or omissions of the City Council, shall not be prohibited. However, the rights of each speaker to express his or her views is not absolute and nothing in these rules of procedure are intended to confer any privilege or protection for expression beyond that otherwise provided by law. [54954.3].

121.6 Disruptive Speech and Conduct

Any person unduly disrupting a City Council meeting may be requested by the presiding officerMayor to leave the meeting. The presiding officer Mayor shall discourage demonstrations before the City Council, such as applauding or booing. Upon instructions by the presiding officerMayor, a Sergeant -at-Arms may be called for the purpose of removing any person who, in the presiding officer’sMayor’s judgment, has disrupted the meeting. [36813, 38638, 54954.3, 54957.9, Penal Code 403]. Prior to removing a person for disrupting a meeting, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. However, a warning is not req uired before removing a disruptive individual whose behavior constitutes use of force or a true threat of force consisting of a threat that has sufficient indicia of intent and seriousness that a reasonable observer would perceive it to be an actual threat to use force. [54957.95]. When possible, the presiding officerMayor is encouraged to use alternative means, such as direction to speakers to avoid disruption or by taking a recess to review these rules with the speaker, to avoid disruptions to allow the City Council to complete its business.

121.7 Written Communications – Post Hearing Notice, and Post Agenda Publication

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

Any member of the public may submit written public comments and materials to the City Council through the City Clerk’s Office. All written public comments and materials must be submitted between the date public hearing notices are published (10 days prior to the meeting or as otherwise required by statute) and noon on the day before agenda publication (7 days prior to the meeting). The City Clerk shall deliver all written public comments and materials received by 12:00 p.m. the days before agenda publication as part of the agenda packet for the posted agenda.

121.7.2 Submitted Post Agenda Publication.

Any member of the public may submit electronic public comments to the City Council using the electronic submission process the City Clerk specifies and makes available on the City’s website within the timeframe provided on the agenda. Any additional attachments can be submitted directly to the City Clerk.

All comments submitted using the City Clerk’s electronic process will be made concurrently available to the public and the City Council immediately upon submissionas soon as practicable, and the. The City Clerk shall post on the City’s website and deliver any additional materials received by 12:00 p.m. the day of the meeting to the City Council in a supplemental packet prior to the meeting.

Physical copies of written public comments and materials, and electronic and physical materials submitted to the Clerk’s Office before 12:00 p.m. noon on the day of the City Council meeting, will be included in the supplemental packet. After 12:00 p.m. noon on the day of the City Council meeting, any member of the public who desires to submit materials to the City Council for consideration at that meeting is hereby instructed to present 8 copies of the materials to the City Clerk for distribution to the City Council at its meeting when the item is considered.

121.7.3 Special Meetings and Workshops.

For special meetings and workshops, the City Clerk shall specify the instructions and timeframes for the public to submit written public comments and materials in the agenda for those meetings.

121.8 Approaching the City Council

Once a meeting is called to order, no member of the public physically present shall enter the area between the lectern and the dais without an invitation from the presiding officer Mayor. Members of the public may enter the area before and after the meeting, and during a recess, for the purpose of interacting with the individual City Council Members and City staff.

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132. City Council Deliberation

City Council deliberations shall be orderly and guided by the presiding officerMayor to reach a decision on the item before them or to provide the direction sought by staff.

Once an item is before the City Council for deliberation, the presiding officerMayor shall call upon each individual Council Member present, in turn, to comment on the item and the recommended action or direction sought by staff. When participating remotely, Council Members should use the raise hand feature , or other feature offered by the electronic platform used for the meeting, to indicate they wish to speak and the presiding officerMayor should call upon them in the order they requested to speak . Council Members may debate the merits of the item and recommendation, but shall not interrupt any other Council Member who is speaking. After each Council Member has the opportunity to express an opinion on the item, the presiding officerMayor shall invite discussion and then a motion.

13. Reserved

14. Motions

14.1 Making a Motion

A motion may be made by the presiding officerMayor or a Council Member. Once a motion has been made, the presiding officerMayor will solicit a second. A motion shall die unless it receives a second. If a motion receives a second, the presiding officeMayor shall then invite debate and discussion on the motion and any amendments.

Any Council Member who makes a motion may withdraw it during debate and discussion, even to the point of interrupting a speaker to do so. If the motion is withdrawn, the presiding officerMayor may ask the person who seconded the motion if thatthe Council Member wishes to make the motion, subject to another Council Member’s second.

14.2 Categories of Motions

There are four categories of motions that the City Council may consider.

The first category is a basic motion, which is one that puts forward a decision for consideration. For example, a motion to approve City staff’s recommendation.

The second category is a motion to amend an earlier motion. Such an amending motion changes a basic motion under discussion in a minor way, but does not supersede it. For example, adding a condition to a basic motion to approve staff’s recommendation. If the maker of the basic motion, and the second, accept the amendment, then the amendment shall be incorporated into the original motion without the need for a second on the amending motion. If an amendment is not accepted into the basic motion by the moving Council Members, the process for voting on simultaneous motions is then followed.

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The third category is a substitute motion. Such a motion completely does away with the basic motion under discussion and puts a new motion before the City Council. For example, if the basic motion is to approve staff’s recommendation, a substitute motion would propose numerous changes to staff’s recommendation or assembles multiple amending motions into a single motion. If a substitute motion is approvedreceives a second, then the initial basic motion does not require action since it was substituted. If a substitute motion fails, the process for voting on simultaneous motions is then followed.

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

A decision whether a motion is one to amend or substitute is left to the presiding officer’sMayor'’s sole discretion. A decision whether a motion is hostile is left to the presiding officer Mayor in consultation with the City Attorney.

14.3 Simultaneous Motions

The City Council may consider up to three motions on the floor at one time. The presiding officer Mayor may reject a fourth motion until the three before the City Council have been resolved. When two or threemultiple motions with seconds are before the City Council, after motions and seconds, the City Council shall consider and vote first vote will be on the last motion made. Generally, the discussion when a motion is before the City Council should focus on the last motion made. Once the vote on the last motion takes place, if necessary, the discussion and decision on additional motions will take place in order working back to the first motion made..

However, a hostile motion shall not b e in the floor at the same time as the motion it challenges. A hostile motion shall be considered after a vote on the basic motion and its amendments, that it challenges.

14.4 Debatable and Non-debatable Motions

Debatable motions are subject to Council Member comment and discussion before calling for a vote. Non-debatable motions are not subject to Council Member comment and discussion, and are to be voted on immediately.

14.4.1 Debatable Motions

Debatable motions are motions to take action on agenda items and other items of City business. For the purpose of these rules of procedure, all motions are debatable except those expressly identified in Subsection 14.4.2 Non-Debatable Motions. Debate on a motion should continue as long as Council Members wish ATTACHMENT 2
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to discuss an item, subject to the presiding officer’s determination Mayor’s decision that it is time to move on and take actioncall for the question.

14.4.2 Non-Debatable Motions

Non-debatable motions are proc edural and terminating motions. C ertain motions once made immediately stop the City Council’s deliberations and, upon receipt of a second, should be voted on immediately. The City Council’s non-debatable motions are as follows:

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

b. Motion to Recess. If passed, a motion to recess requires the City Council to immediately take a recess, the length of which the presiding officerMayor will determine. The presiding officer Mayor may order a recess without a motion, and without adjourning the meeting, as the presiding officer Mayor determines necessary to maintain decorum and conduct the meeting in an orderly fashion.

c. Motion to Fix the Time to Adjourn. If passed, a motion to fix the time to adjourn the meeting requires the City Council to adjourn at a specific time set in the motion.

d. Motion to Table an Item. If passed, a motion to table an item postpones an item indefinitely or to a date and time certain set in the motion. If the motion does not contain a specific time, an additional motion is required to bring the item back to the City Council at a future meeting.

e. Motion to Continue an Item. A motion to continue an item has the same effect as a motion to table, but is generally used when good cause exists or in response to a request by staff, a Council Member, or a participating party, as set forth in Section 87.7 Continuance of Agenda Items, or a scheduling problem arises. If passed, the motion continues the item indefinitely or to the date and time set in the motion. If the motion does not contain a specific time, an additional motion is required to bring the item back to the City Council at a future meeting.

f. Motion to Call for the Question. A motion to call the question, also known as moving the previous question or limiting debate, stops further City Council deliberation, debate, and discussion on an item. It can be stated as stopping debate or discussion within a certain period of time, such as 15 minutes. If seconded, the presiding officer Mayor shall then call for a vote on the motion or motions pending before the City Council as provided for in Section 6.7.5 Motion to Be Stated.

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14.5 Miscellaneous Motions and Appeals

14.5.1 Motion to Suspend the Rules of Procedure

A motion to suspend these Rules of Procedure is debatable and to the extent possible should be addressed to a specific rule. If the Rules of Procedure are suspended in their entirety, such a motion does not supersede law or the Livermore Municipal Code.

14.5.2 Motion to Reconsider

A motion to reconsider any action taken by the City Council may be made as follows: (1) The motion must be made by a Council Member who voted along with majority that voted for the original motion that passed, but although the motion for reconsideration may be seconded by any Council Member; (2) The motion must be made either at the meeting at which the action to be reconsidered was taken, or, at the next regular meeting, provided appropriate due process is afforded to any participating parties; (3) The motion is debatable; (4) If any participating party has left the meeting, or if the motion comes at a subsequent meeting, the ultimate decision to be reconsidered must take place at a subsequent meeting ; and, (5) If the original hearing was a public hearing, a new notice of hearing must be given before the matter is reconsidered.

14.5.3 Council Member Appeal

Any Council Member may appeal any ruling by the presiding officerMayor. If a Council Member so moves and the motion is seconded, after debate, the ruling of the presiding officerMayor may be reversed by majority vote. If an appeal is taken, the question shall be, “Shall the decision of the presiding officeMayor be sustained?”

15. Action and Direction

15.1 Votes, General Rules

Unless otherwise provided, the City Council’s actions must be passed pursuant to a majority vote on a motion, and the motion may not be considered unless it is seconded.

A simple majority vote by those Council Members present is necessary to pass a motion providing direction to staff or establishing administrative policy, however motions for the adoption of resolutions and ordinances require an affirmative vote of at least three Council Members to pass the motion as provided in Rule 17.4 Majority Vote by Three City Council Members Required.

Any Council Member may, before the “Nays” are called for, demand that a roll call vote be taken on the motion before the City Council. The presiding officer’sMayor’s name shall be called last, preceded by the Vice Mayor, with other Council Members’ names called ATTACHMENT 2
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in alphabetical order by the City Clerk. Council Members shall not give explanations for their vote during roll call.

If a motion does not receive the necessary majority vote for passage, t he presiding officerMayor may solicit additional discussion and another motion for further deliberation and voting. If further discussion and deliberation does not result in a motion receiving a majority vote necessary to pass a motion, the presiding officerMayor may declare that “no action has been taken” and proceed with the remainder of the agenda. In the event of a tie vote, the procedures in Ssection 15.2 Tie Votes, shall control.

If a Council Member is present at the meeting but abstains from voting on a motion or is silent during the vote on the motion, then the rules in Ssection 15.3 Abstentions and Silence shall govern how the Council Member’s silence or abstention is tabulated.

15.2 Tie Votes

Generally, a motion fails if there is a tie vote. After a tie vote, the presiding officerMayor may solicit additional discussion and another motion in an attempt to break the tie. If the tie vote occurs during a Council Member absence, and the absent Council Member does not have a conflict of interest related to the item being voted on, the City Council may continue the item to a subsequent City Council meeting when the absent Council Member is expected to be present in an effort to resolve the tie. If the tie vote is not resolved, the motion shall fail and the presiding officerMayor may declare that “no action has been taken” and proceed with the remainder of the agenda. However, if a decision is legally compelled under state law (such as the Permit Streamlining Act), the tie vote shall constitute a denial of the application, project, or appeal before the City Council and the decision shall be considered final.

15.3 Abstentions and Silence

The City Council discourages abstentions since abstentions without legal conflict may impede the City Council’s actionsbusiness, for example by causing a tie vote.

Abstentions also deprive Livermore residents of one vote of five and may diminish accountability of Council Members on items of legitimate concern. At the same time, it is not the City Council’s intention to impede any individual Council Member’s right to choose not to speak or vote on an item.

If any Council Member wishes to abstain from voting on a motion, the Council Member must announce the abstention when the item of business is first called for consideration and must not participate in the consideration of the item , in which case the Council Member’s announcement of an abstention during the minutes vote will be tabulated towill reflect that the Council Member abstained from the vote.

If the Council Member does not announce an abstention when the item of business is first called for consideration, or the Council Member participates in the consideration of the item after announcing and intent to abstain , and the Council Member ’s announces an ATTACHMENT 2
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abstentionabstains during the vote, then that Council Member’s vote shall be tabulated in favor of the motion.

Silence of any Council Member shall be tabulated along with the majority of the votes cast by the Council Members present and voting on the in favor of the motion since the silent Council Member is conceding to the majority’s wishesmotion and not registering a vote against the motion.

This rule is intended to expressly modify Rosenberg’s Rues of Order for tabulatingcounting votes with regard to abstentions and silence by a Council Member.

15.4 Protests

Any Council Member shall have the right to enter into public record reasons for dissent , no vote, or protests against any motion carried by the majority.

16. Advisory Bodies

16.1 Implementation of Municipal Code

16.1.1 Creation and Appointments

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

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

The Mayor has the statutory authority, with the City Council’s approval, to make all appointments of City Council Members to regional bodies that require an appointment from the City of Livermore. The Mayor also has the statutory authority, with the City Council’s approval, to make all appointments of persons to City advisory bodies. [40605; LMC 2.04.020; 81 Cal.Ops.Atty.Gen. 75].

16.1.3 Eligibility of City Employees

While City employees are not precluded from serving on advisory boards, commissions, and committees, there is a potential for conflict. The City Council and any subcommittees to the City Council shall not make appointments that are potentially incompatible with City employment for any reason. For example, an appointment will be incompatible with City employment if:

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

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

16.1.4 Interviews of Members Eligible for Reappointment

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

Members of City boards, commissions, and committees who are eligible for and interested in reappointment shall b e interviewed by the standing City Council subcommittee, along with any other applicants for the position. Membership on this standing City Council subcommittee shall rotate among the Council Members who will be appointed for staggered terms , if possible, to ensure that at least one Council Member has prior experience on the subcommittee. Based upon those interviews, the standing City Council subcommittee shall recommend a nominees for appointment by the Mayor, with the City Council’s approval. However, the entire City Council will interview Planning Commission applicants (including incumbents); and the Livermore Area Youth Advisory Commission incumbents do not need to be interviewed to be considered for reappointment.

16.2 Direction to Advisory Boards, Commissions, and Committees

Within the scope of their duties and responsibilities established in Title 2 of the Livermore Municipal Code, or otherwise by the City Council, the boards, commissions, or committees, and standing City Council subcomm ittees (collectively referred to as “advisory bodies” or “advisory body” for the purposes of this subsection) created by the City Council are directed to:

1. Conform their respective rules of procedures to followFollow these rules of procedure for their meetings, with appropriate modifications to account for their individual structure including the number of members for the advisory body, the titles for their presiding officer and members, consistent with the restrictions set forth in subsection 3 below;

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

3. Conform their respective meeting rules to these rules of procedure to reflect the following restrictions hereby directed by the City Council:

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a. Advisory bodies shall not meet through electronic means; b. Advisory bodies may create ad hoc committees, but shall not create standing committees without prior City Council approval; c. The staff liaison for each advisory body, with approval from the City Clerk, shall determine the preferred method of preparing action minutes for their advisory body meetings, with the exception of Planning Commission who will work with the City Clerk to determine the preferred method of preparing summary minutes for their meetings advisory body minutes; d. Staff attendance and agenda development will be determined by the staff liaison for the advisory body, or as directed by the City Council; e. The City Clerk shall determine agenda format, software, and language for all advisory body meetings to ensure consistency and compliance with applicable laws and regulations;
f. Each advisory body, with input from the City Clerk and consistent with the uniform format provided by the City Clerk, may establish their own rules to specify the method for speakers to address the advisory body, including their to request, and the speaker time limits, for the public addressing the advisory body, andbut the advisory body must then administer them uniformly;
g. The advisory body liaison, City Attorney or designee, and City Clerk must approve all advisory body agendas, notices, and cancellations; and, h. Section 17 Document Preparation and Approval for an Agenda do not apply to advisory body agendas.

4. Coordinate with their assigned staff liaison and the liaison’s Department Head to obtain the City Council’s approval before beginning any self-initiated project that will require more than 8 hours of staff time to complete that year. However, advisory bodies may pursue self-initiated projects that can be accomplished utilizing the City resources currently allocated to the particular advisory body and that do not take resources away from that advisory body’s anticipated work to fulfill its duties and responsibilities to the City Council.

16.3 Annual Reporting

1. Each of the following advisory bodies shall annually appoint one of their members to present a brief verbal updateoral presentation to the City Council describing that particular advisory body’s activities for the past year:

Airport Commission
Beautification Committee
Commission for the Arts
Historic Preservation Commission
Human Services Commission
Library Board of Trustees
Livermore Area Youth Advisory Commission.

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2. Other advisory bodies may provide written updates to the City Council as necessary or as directed by the City Council.

3. The City Clerk shall schedule the annual advisory body presentations and updates to the City Council in coordination with the staff liaisons to the advisory bodies.

17. Document Preparation and Approval for an Agenda

17.1 Ordinances

No ordinance shall be prepared for presentation to the City Council unless ordered by a majority vote of the City Council, prepared by the City Attorney on his or her own initiative, or recommended by the City Manager and developed with the City Attorney’s assistance. [36936; LMC 1.08.060.E and 2.12.030.A.1.d].

17.2 City Attorney Approval as to Form

All ordinances, resolutions, and contracts shall be approved as to form by the City Attorney, or his or her attorney designee, before being placed on the agenda. [LMC

2.12.030.A.1.d]. If the City Manager finds it necessary or expedient to place a contract on a City Council agenda for authority to execute it, but the contract is not yet in final form or has not been signed by the other parties, the City Council shall condition its authorization to execute the contract on: (a) the final contract being in substant ially the same form as the one presented for the City Council’s consideration with such changes as may directed by the City Council;, and, (b) upon the City Attorney’s approval of the final contract as to form. If the contract is substantially changed or is not approved as to form by the City Attorney, then the contract must be placed on a subsequent agenda for the City Council’s consideration.

17.3 Ordinance Introduction/Adoption

The City Council hereby establishes and directs that the presiding officer shall reading the title of a proposed ordinance when the item is called for consideration, which will be considered to constitute a full reading of the ordinance, unless a majority of the City Council present asks for a full reading. [36934]. For ordinances placed on the consent calendar for introduction and adoption, a motion by the City Council that moves staff’s recommendation for the approval of the consent calendar shall mean the title of the ordinance was read by the maker of the motion.

17.4 Majority Vote by Three Council Members Required

An affirmative vote of at least three members of the City Council shall be necessary to adopt an ordinance and a resolution, and to approve a contract for the expenditure of funds. An urgency (emergency) ordinance must be adopted by at least four members of the City Council. [36936, 54954.2, 54956, 54956.5].

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17.5 Ordinance Preservation

Following adoption of an ordinance, the City Clerk will assign a number to the ordinance, publish a summary, and post the full text according to law. The ordinance shall be filed and preserved in the City Clerk’s Office.

17.6 Consent Calendar, Public Hearing, or Matters for Consideration

Ordinances not requiring a public hearing may be presented to the City Council for introduction and adoption on either the consent calendar or matters for consideration portion of the agenda. The City Attorney shall determine the placement of an ordinance on a City Council agenda in consultation with the Mayor and City Manager, or as directed by the City Council.

18. City Council Norms and Values, and Principles of Governance

The City Council has also adopted City Council Norms and Values that guide their interactions among each other, and Principles of Governance that guide their interactions with staff and the community.

19. City Council Expectations for Brown Act Compliance

The City Council has established an expectation that Council Members will not utilize electronic devices to communicate with themselves, the public, or anyone else during a City Council meeting on substantive matters related to City business. In addition, they have established an expectation that they will not maintain a social media presence as a Council Member, except on the City’s official website, with the u nderstanding that personal campaign activities are not official Council Member activities. They have also established an expectation that they will use their official City email address when communicating electronically about matters related to City busine ss. [San Jose v.

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

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RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AMENDING AND ADOPTING CITY COUNCIL

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

The City Council last revised its Norms, Values, and Principles of Governance on November 14, 2022 (Resolution No. 2022-183).

At a special workshop on February 2, 2023, staff presented the City Council with the City Council’s Norms, Values, and Principles of Governance. The attached document incorporates the City Council’s comments at the workshop and additional proofreading edits recommended by staff for clarity.

The City Council desires to amend its City Council Norms, Values, and Principles of Governance consistent with the workshop and the recommendations from staff.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby adopts the City Council Norms, Values, and Principles of Governance, attached hereto as Exhibit A, which supersede and replace the rules adopted by Resolution No. 2022-183.

On motion of Council Member __________________________, seconded by Council Member __________________________, the foregoing resolution was passed and adopted on March 13, 2023, 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 R. Alcala
City Clerk City Attorney
Exhibit A - City Council Norms, Values, and Principles of Governance 180

EXHIBIT A
Revised March 2023
City Council Norms, Values, and Principles of Governance

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

COUNCIL VALUES
Trust
We value and foster trust and honesty among staff and one another. We listen to others and seek to create an environment of mutual support.

EXHIBIT A
Revised March 2023
Data Driven Decision Making
We seek to make data driven (qualitative and quantitative) policy decisions. Our findings will rely on fact-based evidence, not unvalidated assumptions.

Teamwork
We work as a team to create effective policy, focusing on the best outcomes for the community, as a whole.

Enthusiasm and Effort
We have a genuine enthusiasm for our role as policy makers and community leaders.

We come to meetings well prepared and ready for robust discussion.

EXHIBIT A
Revised March 2023
Staff Responsibility
It is the responsibility of staff, under the direction of the City Manager, to support the City Council and implement policies created by the Council. The City Manager is critical in helping to translate the policy direction for staff, and to ensure that there is sufficient clarity and context. The City Manager and staff shall not take any action requested by an individual Council Member even when that action is consistent with Council priorities.

The City Attorney advocates for the City and upholds the integrity of the City's ordinances, regulations, and policies.

EXHIBIT A
Revised March 2023
City Council Meeting Rules of Procedure
In addition, the City Council is also governed by City Council Meeting Rules of Procedure.
184
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AMENDING AND ADOPTING CITY COUNCIL

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

The City Council last revised its rules of procedure on November 14, 2022 (Resolution No. 2022-184).

At a special workshop on February 2, 2023, staff presented the City Council with recommended adjustments to the City Council’s meeting rules of procedure. The changes included proofreading revisions, changing “Mayor” to “presiding officer” as instructed by the City Council, incorporating the new provisions in SB 1100, and clarifying the tabulation of votes for Council member abstentions and silence during a vote. The attached rules incorporate the City Council’s comments at the workshop and additional proofreading edits recommended by staff for clarity.

The City Council desires to amend its City Council Meeting Rules of Procedure consistent with the workshop and the recommendations from staff.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby adopts the City Council Meeting Rules of Procedure, attached hereto as Exhibit A, which supersede and replace the rules adopted by Resolution No. 2022-184.

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
185
RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason R. Alcala
Marie Weber Jason R. Alcala
City Clerk City Attorney
Exhibit A - City Council Meeting Rules of Procedure, revised 02-27-2023 186
1 Revised 2023.02.27

CITY COUNCIL MEETING

RULES OF PROCEDURE

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

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5. Presiding Officer

6. Mayoral Duties and Responsibilities

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

6.1 Appointment of Vice Mayor and Vice Mayor Duties and Responsibilities

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

6.2 Reserved

6.3 Seats on the Dais

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

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6.4 Council Member Rooms

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

7. Presiding Officer to Conduct Meetings

The presiding officer is responsible for conducting City Council meetings as follows:

7.1 Call to Order

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

7.2 Preservation of Order

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

7.3 Questions of Parliamentary Procedure

The presiding officer shall determine all questions of parliamentary procedure in consultation with the City Attorney and City Manager.

7.4 Reordering of Agenda

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

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7.5 Motion to Be Stated

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

8. General Rules – City Council Meetings

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

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

8.1 City Council Meeting Schedule

8.2 Quorum

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8.3 Absences

8.3.1 Absence and Compelling Attendance

8.3.2 Absentee Participation

If a Council Member wants to participate remotely in a meeting, the appropriate way to participate is through a teleconferenced or hybrid meeting as provided for in section 8.4.6 Teleconferenced and Hybrid Meetings. Absent Council Members are discouraged from communicating their opinions on agenda items to staff or other Council Members to present at the Council Meeting on behalf of the absent Council Member.

8.4 Types of Meetings

8.4.1 Regular Meetings

The Ci ty Council shall meet in the City Council Chambers in the Civic Center Meeting Hall for all regular City Council meetings. The regular meetings shall begin at 7:00 p.m. on the second and fourth Monday of each month, unless otherwise specified by posted not ice. If the meeting date falls on a legal holiday, the City Council shall meet at a date and time designated by the City Council. Regular meetings with closed session items may begin between 5:00 p.m. and 7:00 p.m. depending upon the n umber and complexity of the matters to be discussed. [36805, 54954; LMC 2.06.030].

8.4.2 Special Meetings

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

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8.4.3 Special Meeting Workshops

The City Council may meet in special meetings designated as workshops that are called by the Mayor, the City Manager, or by a majority of Council Members.

Workshops are special meetings intended for training purposes such as ethics training, sexual harassment prevention and education, and specific technical subjects such as land use. Special meeting workshops are also intended for the City Council to work with staff to develop administrative item s such as the budget and City Council goals and priorities, for the City Council to receive public input on matters of community wide concern, and for similar activities.

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

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

8.4.4 Closed Session Meetings

Closed sessions may only be held as authorized by state law and shall be held in accordance with the provisions of the Brown Act. The closed sessions may precede or follow a regular meeting or be called as a special meeting. In addition to the provisions in Section 8.4.2 Special Meetings, the City Attorney or City Manager may call and notice closed session meetings as special meetings. [54954.5, 54956.5, 54956.7-54957.1, 54962].

8.4.5 Concurrent Meetings

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

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8.4.6 Teleconferenced and Hybrid Meetings

The City Council may meet from different locations connected by electronic means consistent with the provisions of the Brown Act effective at the time of the scheduled meeting. The City Council may adopt, by resolution, specific procedures for teleconferenced and hybrid meetings consistent with state law. Those procedures should encourage staff and the City Council to monitor connectivity and to rapidly address the technical issues for orderly management of the meeting consistent with the applicable statutory requirements. [54953].

8.4.7 Adjourned Meetings, and Adjourned Regular Meetings

8.4.8 Emergency Meetings

8.4.9 City Council Committees

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

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

8.5 Notice and Agenda Posting

8.5.1 Regular Meetings

8.5.2 Special Meetings and Workshops

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8.6 Actions Limited to Posted Agendas

8.7 Continuance of Agenda Items

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

8.7.1 Discovery of Good Cause Before an Item is Considered

If go od cause to continue an item is discovered by City staff after a notice or agenda is posted but before the meeting commences, then after calling the meeting to order the presiding officer shall identify the item and announce that is has been continued.

8.7.2 Good Cause to Continue During Consideration

Once an item has been taken up for consideration, City staff, a Council Member, or a participating party as defined in Section 10.5.3 Participating Parties may request a continuance of the item. The item may only be continued following a majority vote of the Council Members present.

8.7.3 Public Comment for a Continued Item

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

8.8.1 Canvass and Reorder

At 10:30 p.m., or as soon thereafter as practical, the presiding officer shall canvass staff and Council Members present to identify the remaining agenda items for consideration. The presiding officer will then identify what items will be considered or continued, and in what order. Once the presiding officer outlines the balance of the agenda, it may not be amended absent an appeal by a Council Member.

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

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

8.8.3 Exceptions

The City Council may commence consideration of an item after 11:00 under the following circumstances:

a. An item is subject to a legal deadline, such as a project application subject to the Permit Streamlining Act; or,

b. The City Council votes to allow consideration of the item after 11:00 p.m.

8.9 Breaks.

The presiding officer shall provide for a 10 min break after approximately every two hours of meeting time. The break should be called at a convenient point in the proceedings closest to the two-hour mark. Council Members may request breaks at other times as needed. Council Members and staff are expected to return promptly at the designated time to resume the meeting.

8.10 Points of Order, Privilege, and Personal Privilege

A Council Member may ask for a point of order, at which time the presiding officer will ask for an explanation. Appropriate points of order relate to matters that a Council Member

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considers inappropriate conduct for the meeting, such as the failure t o observe these Rules of Procedure, the City Council’s Norms and Values , or the rules of parliamentary procedure.

A Council Member may seek a point of privilege. If so, the presiding officer shall ask for an explanation of the Council Member’s point. Points of privilege generally relate to matters that interfere with a normal flow or comfort of the City Council’s meeting, such as the inability to hear testimony because of disruption.

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

8.11 Minutes

8.11.1. All Proceedings Recorded

8.11.2 Approval

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

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

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8.11.3 Preferred Method of Recordation and Minutes

City Council meetings may be recorded by electronic means.

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

8.12 Staff Attendance

8.12.1 City Manager

8.12.2 City Attorney

8.12.3 City Clerk

8.12.4 Department Heads/Employees

8.12.5 Sergeant-at-Arms

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

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8.13 Meetings That Are Not Subject to the Brown Act

As provided by the Brown Act, a quorum of the City Council may attend conferences and similar gatherings, open community meetings organized by a person or organization other than the City Council, open and noticed meetings of another legislative body other than a City advisory body, and social and ceremonial gatherings without complying with the notice and agenda requirements in these rules of procedure, provided that the Council Members do not discuss among themselves business of a specific nature that is within the City’s subject matter jurisdiction. [54952.2(c)(3)-(5)].

Meetings of an ad hoc City Council subcommittee are not subject to these rules of procedure unless the City Council expressly states that the subcommittee shall follow these rules. [54952].

9. Agenda Development

The agenda shall contain a brief general description of each item of business to be transacted or discussed, including any items to be discussed in closed session. [54954.2, 54954.5].

10. Order of Business – Regular Meetings

The usual order of business for regular meetings shall be as follows:

10.1 Call to Order

This portion of the agenda is for roll call, the pledge of allegiance, and the reporting out from any closed session items that may have occurred prior to the meeting.

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10.2 Proclamations and Presentations

This portion of the agenda is for City proclamations to recognize significant community events, people, or days. The presiding officer shall read and present, or designate a Council Member to read and present, the proclamations. The City Manager, or his or her designee, may develop a policy regarding proclamations as a guide. It is also for City advisory bodies to make brief presentations to the City Council on their activities. As authorized by the presiding officer or the City Manager, this portion of the agenda is also for other local, regional, or state legislative bodies and elected officials to make brief presentations to the City Council concerning activities of interest to the City.

These are ceremonial matters and not action items by the City Council. While the preference is for proclamations to be included in the posted agenda, the desire to recognize a significant community event, person, or day may arise or be discovered after an agenda is posted. In that case, the presiding officer may make additional proclamations at a City Council meeting so long as they do not unduly interfere with the City Council’s business.

The public does not have the right to address the City Counc il during this portion of the agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa Barbara Bd. of Supervisors, (2005) 129 Cal.App.4
th 205].

10.3 Confirmation of Advisory Body Appointments

This portion of the agenda is for City Council confirmation of appointments to advisory bodies and to administer the oath of office to advisory body members.

10.4 Open Forum

This portion of the agenda is for any member of the public to address the City Council on any item of interest to the public that is within the City Council’s subject matter jurisdiction.

Open forum shall be limited to 30 minutes , usually before the consent calendar . If there are additional members of the public who wish to speak at the conclusion of the 30-minute time period, then the presiding officer shall reconvene the open forum at the conclusion of the matters for consideration portion of the agenda unless the presiding officer announces that open forum is reordered to a different place on the agenda.

The procedures for public comments during open forum are set forth in Section 1 2 Speakers’ Rights.

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10.5 Consent Calendar

The consent calendar portion of the agenda is for routine items that are not expected to require City Council discussion. Examples of items for the consent calendar include the approval of minutes, resolutions confirming actions from a previous meeting, th e introduction and adoption of ordinances, and the processing of administrative items such as the approval of contracts, the acceptance of public improvements, and other routine items requiring City Council approval by ordinance, resolution, or law. Any Co uncil Member may pull an item for separate discussion. Members of the public may address the City Council on consent calendar items by following the procedures set forth in Section 12 Speakers’ Rights.

10.6 Public Hearings

The procedures for public hearings are as follows:

10.6.1 Introduction

The presiding officer shall call each item for hearing and consideration. If there are related public hearing items, the presiding officer has the discretion to concurrently call the related items for hearing and consideration.

10.6.2 Staff Presentation

A member of City staff will then:

b. Identify any supplemental written materials that have been provided to the City Council for consideration, which were received or prepared for the item after the meeting agenda was published.

c. Identify any other staff members or consultants that will be part of the staff presentation or are otherwise present and available for City Council questions.

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d. State whether the applicant is present and whether the applicant intends to make a presentation to the City Council.

e. Make an oral report, unless waived by the City Council.

10.6.3 Participating Parties

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

10.6.4 Opening and Closing the Public Hearing

The purpose of the public hearing is to p rovide members of the public with an opportunity to address the City Council concerning the hearing item, as well as to express their support or opposition of the item. The presiding officer will formally announce the opening of the public hearing and invite members of the public to address the City Council on the hearing item. Public speakers shall address the City Council following the procedures set forth in Section 12 Speakers’ Rights.

After the presiding officer determines that no other member of the public wishes to address the City Council on the hearing item, the presiding officer will formally close the public hearing and return the item to the City Council for City Council questions and comments.

10.6.5 City Council Questions or Comments

Following the staff presentation and receiving comments by the participating parties and from the public comments during the public hearing, if any, the City Council may ask questions of City staff, consultants, and participating parties, or make comments on the item.

10.6.6 City Council Deliberation

Following City Council questions and comments, the presiding officer will invite the Council Members to discuss the item to develop concurrence for a motion. Council Members may continue to ask questions of staff, consultants, and the participating parties as part of their deliberations. The procedures for City Council deliberation are set forth in Section 13 City Council Deliberation.

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10.6.7. City Council Action

After City Council deliberation, the presiding officer shall call for a motion and a second as set forth in Section 14 Motions, and the City Council may make such motions as set forth in that section.

If the motion seconded for consideration is substantially different than the recommended action in the published staff report, the presiding officer may invite public comments on the motion. Each speaker will be limited to one minute to comment on the motion; and the City Council has discretion to decide not to hear further comment if they choose. If invited, public speakers shall address the City Council following the procedures set forth in Section 12 Speakers’ Rights.

10.7 Matters for Consideration

This portion of the agenda is for items of business that require City C ouncil action or direction, the receipt of reports, or that would benefit from City Council discussion that do not also require a public hearing. Generally, the procedures for this portion of the agenda follow the same procedures found in Section 10.5 Public Hearings, except that the public hearing is replaced by the opportunity for the public to comment after the staff presentation.

Prior to deliberating on matters for consideration, the City Council shall receive public comment as provided for in Section 12 Speakers’ Rights. After receiving public comment, the City Council shall deliberate as set forth in Section 13 City Council Deliberation and shall receive the report, take action, or provide direction as set forth in Section 14 Motions.

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

This portion of the agenda is for:

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

10.9 Adjournment

This portion of the agenda is for the presiding officer to adjourn the City Council meeting at the conclusion of business and announce its next meeting. The meeting may be adjourned to a regular meeting, special meeting, special meeting workshop, adjourned regular meeting, or adjourned special meeting. The presiding officer may adjourn the meeting in honor of a distinguished Livermo re resident or other person of community interest that has passed away.

Adjournment at any other point in the meeting other than after the conclusion of the business items on an agenda will require a formal motion by the City Council.

11. Order of Business – Special Meetings and Workshops

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

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

11.1. Call to Order

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

11.2. Public Comment

Public speakers shall address the City Council following the procedures set forth in Section 12 Speaker’s Rights.

11.3 Special Meeting Item and Workshop Item

Generally, the procedures for this portion of the agenda follow the procedures in Section

10.6.1 Introduction, 10.6.2 Staff Presentation, 10.6.5 City Council Questions and Comments, and 10.6.6 City Council Deliberations. The City Council may take a final action at a special meeting, but not at a workshop, as set forth in Section 8.4.2 Special Meetings and Section 8.4.3 Special Meeting Workshops

11.4 Adjournment

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

12. Speaker’s Rights

Members of the public also have the right to address the City Council before the City Council considers or takes action on an item on any regular meeting agenda, except for

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items properly listed or considered in the Call to Order, Proclamations and Presentations, City Council Reports and Matters Initiated by Staff and City Council, and the Adjournment portions of the agenda. Members of the public shall be provided an opportunity to address the City Council concerning any item that is described i n the notice for special meeting workshops and special meetings. [54954.3].

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

12.1 Addressing the City Council

The presiding officer shall open public comment during open forum and for agenda items by asking the City Clerk whether there are any members of the public who wish to address the City Council. If there are, the presiding officer will then ask the City Clerk to manage the process for calling on speakers physically present and participating remotely as described in Section 12.3.1. Once there are no more persons physically present who have expressed an interest in addressing the City Council, the City Clerk will then call upon the speakers participating remotely. Speakers may request the opportunity to address the City Council until the City Clerk announces that there are no more speakers who have expressed their interest to address the City Council. At that time, the presiding officer will close the public comment period. Once the presiding officer closes the public comment period, no more additional requests to address the City Council during open forum or for the agenda item will be accepted absent invitation by the presiding officer.

The purpose of submitting a request to speak is to help the presiding officer conduct the City Council’s meetings and to complete its business in an orderly fashion. The intent is not to limit testimony. Therefore, a member of the public will not be denied an opportunity to speak if a request to speak does not provide all of the information requested from a speaker or because a speaker wants to remain anonymous. Speakers who have not submitted a request to speak on time may be heard by the presiding officer’s recognition or by another Council Member’s successful appeal. [White v. City of Norwalk, (9 th Cir.
1990) 900 F.2d 1421].

12.2 Speaker Time Limit

The amount of time allotted to each member of the public wishing to address the City Council shall be limited to a maximum of three minutes. For the consent calendar, a speaker’s time is limited to a single comment with a maximum of three minutes for all

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consent calendar items that are pulled by a Council Memb er for separate discussion, in which case the speaker’s time shall be limited to a maximum of three minutes on the item pulled for discussion and a separate opportunity to speak of up to a maximum of three minutes for the balance of the consent calendar. Individual members of the public may not yield their allotted time, or any remaining portion thereof, to anyone else. The presiding officer may reduce the amount of time allotted to each speaker based upon the number of persons wishing to speak, the complexity of the item if one is being considered, the anticipated time reasonably needed to complete the remaining items on the meeting agenda, and other reasonable factors. [54954.3(b); Kindt v. Santa Monica Rent Control Bd. (9 th Cir. 1995) 67 F.3d 266; Chaffee v. San Francisco Public Library Commission, (2005) 134 Cal.App.4 th 109; 75 Ops.Cal.Atty.Gen. 89 (1992)]. A speaker using an interpreter, and speakers needing accommodation for a disability, shall be allowed twice the allotted time. [54954.3].

Prior to calling for public comment during the open forum, as well as before the City Council considers or takes action on an item, the presiding officer shall set and announce the time limit for each member of the public to speak before inviting members of the public to address the City Council. For the purposes of these rules, lectern means the physical podium in the meeting room provided for the public to address the City Council, but includes the electronic location utilized by the City Clerk to accept electronic comments during a City Council Meeting.

12.3 Members of the Public Addressing the City Council

12.3.1 A list of people who have requested to speak shall be used to call each speaker to the lectern to address the City Council. The City Clerk will manage the process for calling speakers to the lectern or to unmute themselves if they are participating remotely. The speakers physically present in the meeting will be called upon before those participating remotely. When calling a speaker to the lectern the next two speakers will also be identified so they are prepared to address the City Council when called to the lectern.

12.3.2 The presiding officer may request each speaker to state his or her name and city of residence before addressing the City Council. A speaker is not required to provide his or her name or address in order to address the City Council. However, to the extent such information is relevant to the issues being considered by the City Council during a public hearing, the absence of such information may bear on the speaker’s credibility and the weight the City Council affords the speaker’s comments.

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12.3.3 Speakers shall address their comments only to the City Council as a body and not to a particular member.

12.3.4 Members of the public may only address the City Council from the lectern.

No member of the public, other than the speaker a t the lectern, may address the City Council, unless called upon by the presiding officer.

12.3.5 No question shall be asked of Council Members by a speaker, except through the presiding officer. No question shall be asked of a speaker by a Coun cil Member, except through the presiding officer. Council Members, the presiding officer, and the speaker are not obligated to answer any questions asked. The presiding officer may refer questions to staff for a brief answer while the speaker is at the lectern.

12.3.6 Speakers shall not use their time to unduly disrupt the orderly conduct of the City Council’s meeting.

12.3.7 Speakers are encouraged to avoid repetition.

12.3.8 Speakers are encouraged to avoid making personal attacks.

12.3.9 Each speaker shall relinquish the lectern when his or her time to address the City Council has expired.

12.3.10 A speaker may use his or her allotted time to read letters or other documents, play electronic recordings at a non -amplified volume, or otherwise present information to the City Council in a non -disruptive manner, provided those activities are completed within the allotted time.

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

12.3.11 When called upon during open forum, speakers may address the City Council on any item of interest to the public within the City Council’s subject matter jurisdiction. [54954.3(a)].

12.3.12 When called upon to provide public comment on a specific item of business on the agenda, speakers shall focus their comments on that specific item of business before the City Council. [ 54954.3(a); White v.

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

12.3.13 Members of the public addressing the City Council are limited to one public comment per speaker per item regardless of format or time submitted.

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12.4 Participating Parties Addressing the City Council

Participating parties shall comply with the procedures set forth in Section 12 Speaker’s Rights when addressing the City Council, except that the participating parties shall each have up to a maximum of 10 minutes t o address the City Council. The presiding officer may set and announce the time limit for each active participant to address the City Council based upon the same criteria set forth in Section 12.2 Speaker Time Limit.

When the City Council is acting in its quasi -judicial capacity, the presiding officer may further modify the rules of procedure in this section, or adopt such additional rules of procedure and speaker times as may be reasonably necessary, to afford th e active participants with procedural due process commensurate with the rights at issue.

12.5 Public Criticism

12.6 Disruptive Speech and Conduct

Any person unduly disrupting a City Council meeting may be requested by the presiding officer to leave the meeting. The presiding officer shall discourage demonstrations before the City Council, such as applauding or booing. Upon instructions by the presiding officer, a Sergeant-at-Arms may be called for the purpose of removing any person who, in the presiding officer’s judgment, has disrupted the meeting. [36813, 38638, 54954.3, 54957.9, Penal Code 403] . Prior to removing a person for disrupting a meeting, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. However, a warning is not required before removing a disruptive individual whose behavior constitutes use of force or a true threat of force consisting of a threat that has sufficient indicia of intent and seriousness that a reasonable observer would perceive it to be an actual threat to use force. [54957.95]. When possible, the presiding officer is encouraged to use alternative means, such as direction to speakers to avoid disruption or by taking a recess to review these rules with the speaker, to avoid disruptions to allow the City Council to complete its business.

12.7 Written Communications – Post Hearing Notice, and Post Agenda Publication

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

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published (10 days prior to the meeting or as otherwise required by statute) and noon on the day before agenda publication (7 days prior to the meeting). The City Clerk shall deliver all written public comments and materials received by 12:00 p.m. the days before agenda publication as part of the agenda packet for the posted agenda.

12.7.2 Submitted Post Agenda Publication.

All comments submitted using the City Clerk’s electronic process will be made concurrently available to the public and the City Council as soon as practicable, and theCity Clerk shall post on the City’s website and deliver any additional materials received by 12:00 p.m. the day of the meeting to the City Council in a supplemental packet prior to the meeting.

12.7.3 Special Meetings and Workshops.

For special meetings and workshops, the City Clerk shall specify the instructions and timeframes for the public to submit written public comments and materials in the agenda for those meetings.

12.8 Approaching the City Council

Once a meeting is called to order, no member of the public physically present shall enter the area between the lectern and the dais without an invitation from the presiding officer.

Members of the public may enter the area before and after the meeting, and during a recess, for the purpose of interacting with the individual City Council Members and City staff.

13. City Council Deliberation

City Council deliberations shall be orderly and guided by the presiding officer to reach a decision on the item before them or to provide the direction sought by staff.

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Once an item is before the City Council for deliberation, the presiding officer shall call upon each individual Council Member present, in turn, to comment on the item and the recommended action or direction sought by staff. When participating remotely, Council Members should use the raise hand feature , or other feature offered by the electronic platform used for the meeting, to indicate they wish to speak and the presiding officer should call upon them in the order they requested to speak. Council Members may debate the merits of the item and recommendation, but shall not interrupt any other Council Member who is speaking. After each Council Member has the opportunity to express an opinion on the item, the presiding officer shall invite discussion and then a motion.

14. Motions

14.1 Making a Motion

A motion may be made by the presiding officer or a Council Member. Once a motion has been made, the presiding officer will solicit a second. A motion shall die unless it receives a second. If a motion receives a second, the presiding office shall then invite debate and discussion on the motion and any amendments.

Any Council Member who makes a motion may withdraw it during debate and discussion, even to the point of interrupting a speaker to do so. If the motion is withdrawn, the presiding officer may ask the person who seconded the motion if that Council Member wishes to make the motion, subject to another Council Member’s second.

14.2 Categories of Motions

There are four categories of motions that the City Council may consider.

The first category is a basic motion, which is one that puts forward a decision for consideration. For example, a motion to approve City staff’s recommendation.

The third category is a substitute motion. Such a motion completely does away with the basic motion under discussion and puts a new motion before the City Council. For example, if the basic motion is to approve staff’s recommendation, a substitute motion would propose numerous changes to staff’s recommendation or assembles multiple amending motions into a single motion. If a substitute motion receives a second, then the initial basic motion does not require action since it was substituted. If a substitute motion fails, the process for voting on simultaneous motions is then followed.

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A decision whether a motion is one to amend or substitute is left to the presiding officer’s’ sole discretion. A decision whether a motion is hostile is left to the presiding officer in consultation with the City Attorney.

14.3 Simultaneous Motions

The City Council may consider up to three motions on the floor at one time. The presiding officer may reject a fourth motion until the three before the City Council have been resolved. When multiple motions with seconds are before the City Council, the City Council shall consider and vote on the last motion made. Generally, the discussion when a motion is before the City Council should focus on the last motion made. Once the vote on the last motion takes place, if necessary, the discussion and decision on additional motions will take place in order working back to the first motion made.

14.4 Debatable and Non-debatable Motions

14.4.1 Debatable Motions

Debatable motions are motions to take action on agenda items and other items of City business. For the purpose of these rules of procedure, all motions are debatable except those expressly identified in Subsection 14.4.2 Non-Debatable Motions. Debate on a motion should continue as long as Council Members wish to discuss an item, subject to the presiding officer’s determination that it is time to call for the question.

14.4.2 Non-Debatable Motions

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

b. Motion to Recess. If passed, a motion to recess requires the City Council to immediately take a recess, the length of which the presiding officer will determine. The presiding officer may order a recess without a motion, and without adjourning the meeting, as the presiding officer determines necessary to maintain decorum and conduct the meeting in an orderly fashion.

c. Motion to Fix the Time to Adjourn. If passed, a motion to fix the time to adjourn the meeting requires the City Council to adjourn at a specific time set in the motion.

e. Motion to Continue an Item. A motion to continue an item has the same effect as a motion to table, but is generally used when good cause exists or in response to a request by staff, a Council Member, or a participating party, as set forth in Section 8.7 Continuance of Agenda Items , or a scheduling problem arises. If passed, the motion continues the item indefinitely or to the date and time set in the motion. If the motion does not contain a specific time, an additional motion is required to bring the item back to the City Council at a future meeting.

f. Call for the Question. A motion to call the question, also known as moving the previous question or limiting debate, stops further City Council deliberation, debate, and discussion on an item. It can be stated as stopping debate or discussion within a certain period of time, such as 15 minutes. If seconded, the presiding officer shall then call for a vote on the motion or motions pending before the City Council as provided for in Section 7.5 Motion to Be Stated.

14.5 Miscellaneous Motions and Appeals

14.5.1 Motion to Suspend the Rules of Procedure

14.5.2 Motion to Reconsider

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A motion to reconsider any action taken by the City Council may be made as follows: (1) The motion must be made by a Council Member who voted along with majority that voted for the original motion that passed , but the motion for reconsideration may be seconded by any Council Member; (2) The motion must be made either at the meeting at which the action to be reconsidered was taken, or, at the next regular meeting, provided appropriate due process is afforded to any participating parties; (3) The motion is debatable; (4) If any participating party has left the meeting, or if the motion comes at a subsequent meeting, the ultimate decision to be reconsidered must take place at a subsequent meeting ; and, (5) If the original hearing was a public hearing, a new notice of hearing must be given before the matter is reconsidered.

14.5.3 Council Member Appeal

Any Council Member may appeal any ruling by the presiding officer. If a Council Member so moves and the motion is seconded, after debate, the ruling of the presiding officer may be reversed by majority vote. If an appeal is taken, the question shall be, “Shall the decision of the presiding office be sustained?”

15. Action and Direction

15.1 Votes, General Rules

Unless otherwise provided, the City Council’s actions must be passed pursuant to a majority vote on a motion, and the motion may not be considered unless it is seconded.

Any Council Member may, before the “Nays” are called for, demand that a roll call vote be taken on the motion before the City Council. The presiding officer’s name shall be called last, preceded by the Vice Mayor, with other Council Members’ names called in alphabetical order by the City Clerk. Council Members shall not give explanations for their vote during roll call.

If a motion does not receive the necessary majority vote for passage, the presiding officer may solicit additional discussion and another motion for further deliberation and voting. If further discussion and deliberation does not result in a motion receiving a majority vote necessary to pass a motion, the presiding officer may declare that “no action has been taken” and proceed with the remainder of the agenda. In the event of a tie vote, the procedures in Section 15.2 Tie Votes, shall control.

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If a Council Member is present at the meeting but abstains from voting on a motion or is silent during the vote on the motion, then the rules in Section 15.3 Abstentions and Silence shall govern how the Council Member’s silence or abstention is tabulated.

15.2 Tie Votes

Generally, a motion fails if there is a tie vote. After a tie vote, the presiding officer may solicit additional discussion and another motion in an attempt to break the tie. If the tie vote occurs during a Council Member absence, and the absent Council Member does not have a conflict of interest related to the item being voted on, the City Council may continue the item to a subsequent City Council meeting when the absent Council Member is expected to be present in an effort to resolve the tie. If the tie vote is not resolved, the motion shall fail and the presiding officer may declare that “no action has been taken” and proceed with the remainder of the agenda. However, if a decision is legally compelled under state law (such as the Permit Streamlining Act), the tie vote shall constitute a denial of the application, project, or appeal before the City Council and the decision shall be considered final.

15.3 Abstentions and Silence

The City Council discourages abstentions since abstentions without legal conflict may impede the City Council’s business, for example by causing a tie vote. Abstentions also deprive Livermore residents of one vote of five and may diminish accountability of Council Members on items of legitimate concern. At the same time, it is not the City Council’s intention to impede any individual Council Member’s right to choose not to speak or vote on an item.

If any Council Member wishes to abstain from voting on a motion, the Council Member must announce the abstention when the item of business is first called for consideration and must not participate in the consideration of the item , in which case the Council Member’s announcement of an abstention during the vote will be tabulated to reflect that the Council Member abstained from the vote.

If the Council Member does not announce an abstention when the item of business is first called for consideration, or the Council Member participates in the consideration of the item after announcing and intent to abstain , and the Council Member announces an abstention during the vote, then that Council Member’s vote shall be tabulated in favor of the motion.

Silence of any Council M ember shall be tabulated in favor of the motion since the silent Council Member is conceding to the motion and not registering a vote against the motion.

This rule is intended to expressly modify Rosenberg’s Rues of Order for tabulating votes with regard to abstentions and silence by a Council Member.

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15.4 Protests

Any Council Member shall have the right to enter into public record reasons for dissent , no vote, or protests against any motion carried by the majority.

16. Advisory Bodies

16.1 Implementation of Municipal Code

16.1.1 Creation and Appointments

The City Council may create boards, commissions, or committees , herein after collectively referred to as City advisory bodies, to advise the City Council. [LMC Title 2]. It is recommended that newly formed City advisory bodies be limited to no more than 7 members due to the capacity of the recording system in the Mendenhall Room.

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

16.1.3 Eligibility of City Employees

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

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

16.1.4 Interviews of Members Eligible for Reappointment

As stated in Section 16.1.2 above, the Mayor has the statutory authority, with the City Council’s approval, to make all appointments to City advisory bodies. The purpose of the standing City Council subcommittee identified in this section is to

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interview candidates who apply for a City advisory body and to then recommend candidates to the Mayor for appointment, with the City Council’s approval.

Members of City boards, commissions, and committees who are eligible for and interested in reappointment shall b e interviewed by the standing City Council subcommittee, along with any other applicants for the position. Membership on this standing City Council subcommittee shall rotate among the Council Members who will be appointed for staggered terms , if possible, to ensure that at least one Council Member has prior experience on the subcommittee. Based upon those interviews, the standing City Council subcommittee shall recommend nominees for appointment by the Mayor, with the City Council’s approval. However, the entire City Council will interview Planning Commission applicants (including incumbents); and the Livermore Area Youth Advisory Commission incumbents do not need to be interviewed to be considered for reappointment.

16.2 Direction to Advisory Boards, Commissions, and Committees

Within the scope of their duties and responsibilities established in Title 2 of the Livermore Municipal Code, or otherwise by the City Council, the boards, commissions, or committees, and standing City Council subcomm ittees (collectively referred to as “advisory bodies” or “advisory body” for the purposes of this section) created by the City Council are directed to:

1. Follow these rules of procedure for their meetings, with appropriate modifications to account for their individual structure including the number of members for the advisory body, the titles for their presiding officer and members, consistent with the restrictions set forth in subsection 3 below;

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

3. Conform their respective meeting rules to these rules of procedure to reflect the following restrictions hereby directed by the City Council:
a. Advisory bodies shall not meet through electronic means; b. Advisory bodies may create ad hoc committees, but shall not create standing committees without prior City Council approval; c. The staff liaison for each advisory body, with approval from the City Clerk, shall determine the preferred method of preparing action minutes for their advisory body meetings, with the exception of Planning Commission who will work with the City Clerk to determine the preferred method of preparing summary minutes for their meetings;
d. Staff attendance and agenda development will be determined by the staff liaison for the advisory body, or as directed by the City Council; e. The City Clerk shall determine agenda format, software, and language for all advisory body meetings to ensure consistency and compliance with applicable laws and regulations;

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f. Each advisory body, with input from the City Clerk and consistent with the uniform format provided by the City Clerk, may establish their own rules to specify the method for speakers to address the advisory body, including their speaker time limits, , and the advisory body must then administer them uniformly;
g. The advisory body liaison, City Attorney or designee, and City Clerk must approve all advisory body agendas, notices, and cancellations; and, h. Section 17 Document Preparation and Approval for an Agenda do not apply to advisory body agendas.

16.3 Annual Reporting

1. Each of the following advisory bodies shall annually appoint one of their members to present a brief oral presentation to the City Council describing that particular advisory body’s activities for the past year:

Airport Commission
Beautification Committee
Commission for the Arts
Historic Preservation Commission
Human Services Commission
Library Board of Trustees
Livermore Area Youth Advisory Commission.

2. Other advisory bodies may provide written updates to the City Council as necessary or as directed by the City Council.

3. The City Clerk shall schedule the annual advisory body presentations and updates to the City Council in coordination with the staff liaisons to the advisory bodies.

17. Document Preparation and Approval for an Agenda

17.1 Ordinances

No ordinance shall be prepared for presentation to the City Council unless ordered by a majority vote of the City Council, prepared by the City Attorney on his or her own initiative,

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or recommended by the City Manager and developed with the City Attorney’s assistance. [36936; LMC 1.08.060.E and 2.12.030.A.1.d].

17.2 City Attorney Approval as to Form

All ordinances, resolutions, and contracts shall be approved as to form by the City Attorney, or his or her attorney designee, before being placed on the agenda. [LMC

2.12.030.A.1.d]. If the City Manager finds it necessary or expedient to place a contract on a City Council agenda for authority to execute it, but the contract is not yet in final form or has not been signed by the other parties, the City Council shall condition its authorization to execute the contract on: (a) the final contract being in substant ially the same form as the one presented for the City Council’s consideration with such changes as may directed by the City Council; and, (b) upon the City Attorney’s approval of the final contract as to form. If the contract is substantially changed , then the contract must be placed on a subsequent agenda for the City Council’s consideration.

17.3 Ordinance Introduction/Adoption

The City Council hereby establishes and directs that the presiding officer shall read the title of a proposed ordinance when the item is called for consideration, which will be considered to constitute a full reading of the ordinance, unless a majority of the City Council present asks for a full reading. [36934]. For ordinances placed on the consent calendar for introduction and adoption, a motion by the City Council that moves staff’s recommendation for the approval of the consent calendar shall mean the title of the ordinance was read by the maker of the motion.

17.4 Majority Vote by Three Council Members Required

17.5 Ordinance Preservation

17.6 Consent Calendar, Public Hearing, or Matters for Consideration

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18. City Council Norms and Values, and Principles of Governance

The City Council has also adopted City Council Norms and Values that guide their interactions among each other, and Principles of Governance that guide their interactions with staff and the community

19. City Council Expectations for Brown Act Compliance

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

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CITY COUNCIL STAFF REPORT
ITEM NO. 6.1

DATE:

March 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Hearing to consider adoption of a resolution establishing fees for short-term rental permits, consistent with Livermore Municipal Section 5.90.060, in the amount of $220 for new permits and $160 for annual permit renewals.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution adopting short-term rental permit fees in the amount of $220 for a new permit and $160 for annual permit renewal.

SUMMARY
In 2020, the City Council approved amendments to the Municipal Code to establish regulations for short- term rentals (Chapter 5.90). A short-term rental is defined as the use of a residential dwelling, or portion thereof, for dwelling, lodging, or sleeping purposes for 30 consecutive days or less by a single renter. A permit is now required to operate a short-term rental in Livermore. The proposed permit fee and renewal fee will generally cover staff and consultant costs to process the new Short-Term Rental Permit and renewals.

DISCUSSION
The Short-Term Rental (STR) Permit implements the 2020 STR ordinance and helps to ensure key ordinance objectives are met, including to preserve the housing stock and neighborhood character, not create a public nuisance, or have activity that is detrimental to public health or safety. For example, hosts are limited to one short-term rental at any one time in the city, no more than one short-term rental may be operated at a single location, and accessory dwelling units (ADUs) cannot be used as short-term rentals. Under State law, ADUs are meant for more permanent housing opportunities.

The community benefits of short-term rentals include the economic benefit of rental income for the host, increased visitor/tourist spending in the local economy (retail shops, wineries and restaurants) and the transit occupancy tax (TOT) revenue.

Following adoption of the short-term rental ordinance, staff has been working with Granicus, a consulting 221
firm which provides other on-line services for the city, to develop an on-line application process consistent with ordinance requirements. New permits will be valid for one year and require annual renewal. The application process will include notification of property owners within 100 feet of the proposed location to allow neighbors to comment 15 days prior to action on the application. Following approval of the permit by city staff, additional notices will be sent to surrounding property owners with a hotline number managed by Granicus. The on-line application process will be managed by Granicus with oversight by Planning and Finance Division staff.

Based on the application procedures outlined in the ordinance, the cost of a new permit is $220 and $160 for an annual permit renewal. The fee amount assumes an annual cost of $14,000 for Granicus, city staff time of one hour for new permits and one-quarter hour for permit renewals at $75.47 per hour, and assumes approximately 100 STR permits, which is a recent Granicus estimate for short-term rentals currently in Livermore. Short-term rentals are typically advertised through on-line booking platforms such as Airbnb and VRBO and the number will fluctuate based on the STR market.

Following approval of the application fees, owners of STRs will be notified of the new permit requirements and the city will begin accepting applications on-line beginning April 1. We will also begin outreach to the community regarding the new requirements for STRs through the city website, social media, and the city newsletter. As this is a new permitting process, we are allowing three months (through the end of June) for applications to be submitted. Beginning July 1, the collection of transient occupancy tax should begin, and enforcement actions initiated as necessary. Permits must the renewed annually by December 15; owners will be notified mid-November each year regarding permit renewals.

ENVIRONMENTAL DETERMINATION

The proposed fees are not a “project” as defined in CEQA Guidelines Section 15378 since they have no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

FISCAL AND ADMINISTRATIVE IMPACTS
The proposed $220 initial permit fee and $160 renewal fee is intended to cover reasonable staff and consultant costs associated with the Short-Term Rental Permit process. Assuming 100 short-term rentals in Livermore, the first year of the permit program will generate approximately $22,000 in permit fees, and the subsequent year will generate approximately $16,000 in annual renewal fees. As noted above, the number of new and renewal permits each year is expected to fluctuate.

In addition, t
he annual cost of monitoring and administering the short-term rental regulations would be
offset by TOT revenues. Livermore’s TOT is
8% of the short-term rental revenue. Short-term rental rates vary significantly based on factors such as location, time of year, and if a room or a whole home is being rented, so
TOT revenue would correspondingly vary as well. Also, it is difficult to estimate how many nights any given property is rented in a year, so staff cannot accurately estimate how much TOT revenue will be collected until the permit program has been in place for a period of at least 2 years to create a revenue baseline.

ATTACHMENTS

222

1. Resolution

Prepared by: Susan Frost
Special Projects Coordinator

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ADOPTING SHORT-TERM RENTAL PERMIT FEES IN THE AMOUNT OF $220 FOR A NEW PERMIT AND $160 FOR ANNUAL PERMIT

RENEWAL
In 2020, the City Council approved amendments to the Municipal Code to establish regulations for short-term rentals (Chapter 5.90). A short-term rental is defined as the use of a residential dwelling, or portion thereof, for dwelling, lodging, or sleeping purposes for 30 consecutive days or less by a single renter. A permit is required to operate a short- term rental in Livermore.

Based on the application procedures outlined in the ordinance, the estimated cost of a new permit is $220, and $160 for annual permit renewal. The fee amount assumes $14,000 annual cost for Granicus, city staff time (75.47/hour) of one hour for new permits and one-quarter hour for permit renewals and assumes approximately 100 short-term rental permits.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby adopts fees for short-term rental permits in the amount of $220 for new permits and $160 for annual permit renewals.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on March 13, 2023, 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
224

CITY COUNCIL STAFF REPORT
ITEM NO. 6.2

DATE:

March 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Hearing to consider adoption of the 2023-2031 Housing Element. The Housing Element is a State-mandated eight-year policy document that is a component of the Livermore General Plan. The overall purpose of the Housing Element is to identify current and projected housing needs, show locations where housing can be built, and set goals, policies, and programs to meet the community’s housing needs.

RECOMMENDED ACTION

Staff and the Planning Commission recommend the City Council consider the 2023-2031 Housing Element (GPA23-002) and:

1 .

Adopt a resolution finding the 2023-2031 Housing Element is exempt from the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3); and 2 .

Adopt a resolution adopting the 2023-2031 Housing Element; and 3 .

SUMMARY
The Housing Element is a required element, or "chapter" of Livermore’s General Plan. The purpose of a Housing Element is to identify current and projected housing needs and establish goals, policies, and programs to address those needs. Unlike other elements of the General Plan, the City must update the Housing Element every eight years. Staff and the City’s consultant, PlaceWorks (Consultant), updated the Housing Element for the 2023-2031 planning period.

The 2023-2031 Housing Element demonstrates that the City has capacity to accommodate its 4,570-unit Regional Housing Needs Allocation (RHNA) through a combination of existing residentially zoned sites and projected accessory dwelling units (ADUs). The City does not need to rezone land to accommodate its RHNA for the 2023-2031 planning period. In addition, the Housing Element outlines programs the City 225
will implement throughout the planning period to foster diverse housing choices, produce and preserve affordable housing, address fair housing issues, facilitate healthy and safe housing, and collaborate regionally to meet housing needs.

HCD reviewed the 2023-2031 Housing Element and sent a letter to the City on February 23, 2023, finding that the revised draft meets the statutory requirements of State Housing Law and, if approved by the City Council, is in substantial compliance with State Housing Element Law. The City Council is required to adopt the Housing Element so that it can be submitted to HCD for final certification.

DISCUSSION
Housing Element Contents, Preparation, and Review
The February 28, 2023, Planning Commission report (Attachment 1) provides an overview of the Housing Element content, the City's process for preparing the document, and the revisions that were made to address feedback from the public, decision makers, and HCD. Letters from HCD that are referenced in the Planning Commission report are attached to this report (Attachment 4 and Exhibit C).

Planning Commission Review

The Planning Commission reviewed the 2023-2031 Housing Element on February 28, 2023, and voted
unanimously to recommend the City Council adopt the Housing Element. The Commission recommended revisions to the text, graphics, and tables, that would appear to be non-substantive in nature. The City received a six-page comment letter from a Livermore resident on Sunday, February 26, 2023 (Attachment 2). The letter acknowledges that the parcels in the site inventory and the policies in the document are good and appropriate. However, there are comments, concerns, and revisions recommended that would require reviewing alternative data sources and substantive changes to the document. The Draft Planning Commission meeting minutes are included in Attachment 3.

The Revised Draft Housing Element relies upon data packages from the Association of Bay Area Governments (ABAG) that have been preapproved by State HCD. Relying upon alternative data sources would require more extensive review periods by State HCD and result in more delay for the document's certification.

HCD staff are reviewing housing elements from across the state and have limited resources and capacity to respond in a timely manner. Making any revisions to the document at this time increases the risk that HCD would require additional review time. Staff is recommending the City Council adopt the Revised Draft Housing Element that was presented to the Planning Commission and that HCD confirmed meets the statutory requirements of State Housing Law and, if approved by the City Council, will comply with State Housing Element Law when it is submitted to and approved by HCD.

Staff is also recommending that the City Council direct staff, after certification by HCD, to evaluate future revisions based upon comments from the Planning Commission recommendation, including the comment letter mentioned above. Staff would return to the Planning Commission and City Council with proposed revisions by fall 2023.

Environmental Determination

226
The 2023-2031 Housing Element creates a roadmap for the City to achieve its State-mandated Regional Housing Needs Allocation (RHNA) and Affirmatively Furthering Fair Housing (AFFH) goals through identification of suitable sites that are currently designated for housing development, and identifying programs and actions that could remove constraints and promote affordable housing development.

Because the City does not have to rezone any sites or make any physical improvements to adopt the Housing Element, it can be seen with certainty that there is no possibility that the proposed Housing Element would have a significant effect on the environment. Thus, the 2023-2031 Housing Element is exempt from CEQA under Guidelines Section 15061(b)(3) the common sense exemption, in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It should be noted that the current General Plan and Specific Plans have been analyzed under separate environmental review documents pursuant to CEQA, and pending applications for housing development are currently undergoing their own appropriate environmental review. Additional analysis in support of the finding is included in the 2023-2031 Housing Element CEQA Exemption Technical Memorandum attached to this report.

Next Steps

If City Council adopts the Housing Element with no substantive changes, staff will submit the Housing Element to HCD for final certification. If the City makes substantive changes to the document, HCD will need to reassess the document's compliance with State Housing Element Law.

FISCAL AND ADMINISTRATIVE IMPACTS

The City’s 2021-2023 Operating Budget includes General Fund appropriations necessary to cover the General Plan Update including staff time and consultant contract costs of $2.8 million through the end of Fiscal Year 2022-23. The scope of work for the General Plan Update includes the Housing Element Update.

ATTACHMENTS

1. Planning Commission Staff Report

2. Public Comment Letter Received February 26, 2023

3. Draft Planning Commission Meeting Minutes

4. October 2022 Comment Letter from HCD

5. Resolution - CEQA

6. Exhibit A - PC CEQA Resolution

7. Exhibit B - CEQA Exemption Memo

8. Resolution - Project

9. Exhibit A - Revised Housing Element

10. Exhibit B - February 2023 Letter from HCD

11. Exhibit C - PC Project Resolution

Prepared by: Tricia Pontau
Senior Planner

227

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
228
PLANNING COMMISSION STAFF REPORT ITEM NO. 3.1
DATE: February 28, 2023
TO: Chairperson and Members of the Planning Commission
FROM: Steve Stewart, Planning Manager
SUBJECT: Hearing to consider recommending adoption of the 2023-2031 Housing Element R

ECOMMENDED ACTION
S
taff recommends the Planning Commission consider the 2023-2031 Housing Element (GPA23-002) and adopt resolutions recommending the City Council adopt resolutions:

1. Finding the 2023-2031 Housing Element is exempt from the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) common sense exemption; and

2. Adopting the 2023-2031 Housing Element.

The Planning Commission's action is a recommendation to City Council.

The 2023-2031 Housing Element demonstrates that the City has capacity to accommodate its 4,570-unit Regional Housing Needs Allocation (RHNA) through a combination of existing residentially zoned sites and projected accessory dwelling units (ADUs). The City does not need to rezone land to accommodate its RHNA for the 2023-2031 planning period. In addition, the Housing Element outlines programs the City will implement throughout the planning period to foster diverse housing choices, produce and preserve affordable housing, address fair housing issues, facilitate healthy and safe housing, and collaborate regionally to meet housing needs.

The State Department of Housing and Community Development (HCD) reviewed the revised Housing Element and sent a letter to the City finding that the revised draft, if approved by the City Council, is in ATTACHMENT 1
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substantial compliance with State Housing Element Law. The City Council is required to adopt the Housing Element so that it can be submitted to HCD for final certification. The Planning Commission's action is a recommendation to the City Council.

DISCUSSION
Background

Since 1969, California has required that all cities and counties adequately plan to meet the housing needs of everyone in the community. This is accomplished through a Housing Element, which is a required component of a local government’s General Plan. The General Plan is a long-term planning document that is the blue print for existing and future land use in the city and policies to support those land uses. The purpose of a Housing Element is to identify current and projected housing needs and set goals, policies, and programs to address those needs. City staff and the consultant team prepared the updated Housing Element as part of the overall Imagine Livermore 2045 General Plan Update that is currently underway.

The City's current Housing Element was adopted by the City Council in 2015 and covers the period from 2015 to 2023. To comply with State law, the City’s Housing Element must be updated to ensure the City’s policies and programs can accommodate estimated housing growth needs identified in the Association of Bay Area Government’s (ABAG) RHNA for the 2023-2031 planning period. This period will be the “6th cycle.” In addition, the Housing Element must be reviewed and approved, or “certified” by the State Department of Housing and Community Development (HCD).

Housing Element Outreach

The Housing Element was developed based on substantial community input. Housing was a topic at General Plan Update community outreach events, including pop-up events throughout the city in the fall of 2021 that reached approximately 500 people. The community-wide survey conducted for the General Plan Update in September 2021 also included several questions about housing issues. The survey reached 450 Livermore residents aged 18 and over and was conducted in English and Spanish.

Respondents identified affordable housing and homelessness as issues of top concern.

From September through December 2021, staff and the consultant team conducted nine consultations with local nonprofits and housing stakeholders to receive one-on-one, targeted input from those who provide services to residents most in need of housing or with special housing needs. The stakeholders included staff from City partners such as Tri Valley Haven, the Pedrozzi Foundation, the Livermore Housing Authority, La Familia, ECHO Housing, Regional Center of the East Bay, and Centro Legal de la Raza. In addition, staff held a Housing Solutions open house in Springtown and administered an additional bilingual survey specifically targeting members of protected classes for the Assessment of Fair Housing, including low-income renters, Spanish-speaking community members, and people with disabilities.

Overwhelmingly, the outreach process revealed that Livermore, like many other Bay Area jurisdictions, currently has an insufficient stock of affordable housing. The largest housing need identified by stakeholders is for more affordable rental housing like the Chestnut Family and Chestnut Senior development, which is walkable to key services and amenities and close to public transportation. This finding was echoed by the Fair Housing survey, where 64 percent of the survey's 378 respondents ATTACHMENT 1
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identified adding more affordable housing as a top issue the City should address in the Housing Element.

At the November 10, 2021, General Plan Advisory Committee (GPAC) meeting, staff and the consultant team presented an overview of the Housing Element update process, provided information on state housing law, and received input and questions. On January 20, 2022, staff and the consultant team attended a study session with the Planning Commission and City Council to introduce the Housing Element process and receive input, direction, and questions for the update.

The Housing Element includes a detailed summary of outreach efforts and feedback received from the community (Attachment 5).

Housing Element Revisions and HCD Review

Table 1 includes an overview of the Draft Housing Element review process to-date. The City released a public draft of the Housing Element on May 4, 2022, for a 30-day review period. The GPAC, the Planning Commission, and the City Council reviewed the Draft Housing Element at public meetings on May 11, May 17, and May 23, 2022, respectively.

After incorporating feedback from the public review period, the City submitted the Draft Housing Element to
HCD on July 17, 2022. The City subsequently revised the document to include additional information and analysis requested by HCD to comply with State law, including:

Detailed parcel information, development standards, and entitlement review requirements for sites in the Isabel Neighborhood Specific Plan area.

Analysis about the concentration of units in the Isabel Neighborhood Specific Plan and the impact on fair housing conditions.

Information and analysis about realistic capacity and likelihood for residential development on certain sites including small sites, nonvacant sites, and sites zoned for nonresidential uses.

Specific commitments, timing, and metrics for actions in the housing programs that address fair housing issues and reduce governmental constraints on housing development.

The City released each revised draft for public review prior to submitting to HCD. The latest version of the Housing Element was submitted to HCD on January 30, 2023. On February 23, 2023, the City received a letter from HCD finding that the revised draft is in substantial compliance with State Housing Element Law. Letters received from HCD as part of the review process are attached to this report.

Table 1. Draft Housing Element Review Process
April 2021 ABAG releases Housing Needs Data Package
May 4, 2022 The City released the public draft Housing Element for a 30-day review period.

May 11, 17, and
23, 2022
The public draft was reviewed by the General Plan Advisory Committee, Planning Commission, and City Council.

July 17, 2022 The city submitted the Draft Housing Element to HCD for its first 90-day review period.

September 1,
2022 The City and HCD met to discuss preliminary questions and comments on the draft.

October 7, 2022 The City submitted revisions to HCD to address the comments discussed in the September 1, 2022 meeting.

October 17,
2022*
HCD sent its 90-day review letter to the City outlining additional information and analysis required to comply with State law.

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November 3,
2022
The City and HCD met to discuss and clarify requests for additional information and analysis in October 17.

November 29,
2022
The City and HCD met to receive HCD's clarifications requested by city staff on November

3. December 28,
2022 The City submitted a revised Draft Housing Element to HCD for a 60-day review period.

January 18, 2023 The City and HCD met to discuss minor remaining revisions required to comply with State law.

January 30, 2023 The City submitted revisions to HCD to address the comments discussed in the January 18, 2023 meeting.

February 23,
2023
HCD sent its 60-day review letter finding that the revised draft is in substantial compliance with State law.
*
The October 2022 letter attached to this report is dated October 20, 2022. HCD sent this letter to correct minor errors in the October 17, 2022 letter.

Housing Element Contents

The Housing Element includes all components required by State Housing Element Law, including:

Executive Summary - Purpose of the Housing Element, summaries of Housing Needs, Constraints, and Resources, and a summary table of Goals and Policies from the Housing Plan.

Chapter 1. Introduction - An overview of the role of the Housing Element, data sources, outreach and public participation, and General Plan consistency.

Chapter 2. Housing Needs Assessment - Demographic information, including population trends, ethnicity, age, household composition, income, employment, housing characteristics, and more.

This section also includes an assessment of fair housing, which is a new requirement for the 6th Cycle Housing Element (2023-2031).

Chapter 3. Housing Opportunities and Constraints - An analysis of governmental and nongovernmental constraints to housing development.

Chapter 4. Housing Resources - An evaluation of the City’s housing resources, housing stock, and potential areas for future development. The housing sites inventory is analyzed in this section.

Chapter 5. Housing Plan - This chapter includes an overview of the City’s progress implementing the goals of the 5th Cycle Housing Element (2015-2023) and outlines updated goals, policies, and programs to address current housing needs in the community. This section identifies the actions the City will take to achieve local housing goals and meet applicable quantified objectives.

Appendix A – Contains the inventory of housing sites available to accommodate the City’s Regional Housing Needs Allocation (RHNA).

Appendix B - Contains a matrix evaluating the City’s progress implementing programs in the 5th Cycle Housing Element.

ATTACHMENT 1
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Data Sources
T
he Housing Element relies on multiple federal, state, and local data sources. The Housing Needs Assessment in Chapter 2 includes substantial demographic data from two main data source tools:

1. Association of Bay Area Governments (ABAG) data package - ABAG provides a data package that has been pre-approved by HCD and serves as the primary data source for population and household characteristics. Primary sources used in the packet include the California Department of Finance and the U.S. Census. Dates for data included in the ABAG data package may vary depending on the selection of data that was made by ABAG to provide the best data on a particular topic.

2. Affirmatively Furthering Fair Housing (AFFH) Data Viewer mapping tool - All data presented in the Assessment of Fair Housing section of the Housing Needs Assessment chapter were collected through the Affirmatively Furthering Fair Housing (AFFH) Data Viewer mapping tool, a tool developed and approved by HCD for use in assessment of fair housing analyses as the most current and accurate data available.

This approach was developed to standardize state-wide datasets for fair housing analyses. Relying on data sources that have been vetted and approved by HCD, the State agency responsible for certifying Livermore’s Housing Element, will streamline the certification process and increase the likelihood that HCD will support the information presented as a valid basis for Housing Element programs.

Meeting the Regional Housing Needs Allocation (RHNA)
T
able 2 lists the RHNA assigned to Livermore to meet its fair share of the State’s housing needs.

Livermore was assigned a total of 4,570 units, 2,075 of which are lower income units (1,317 very low- income units and 758 low-income units). State housing law does not require the City to construct the allocated units within the planning period, but does require the City to maintain an inventory of land that is adequately zoned to accommodate the RHNA allocation. HCD recommends an additional 15 percent buffer beyond the required RHNA to account for any sites that develop with fewer units than the City anticipated. Livermore’s RHNA, plus a 15 percent buffer is 5,256 units.

Table 2. City of Livermore Regional Housing Needs Allocation 2023-2031 Income Category RHNA
Very Low Income 1,317
Low Income 758
Moderate Income 696
Above Moderate Income 1,799
Total 4,570
Chapter 4 of the Housing Element presents an analysis of the city's ability to accommodate the RHNA.

Through a combination of existing residentially zoned sites and projected accessory dwelling units (ADUs), the city has capacity to accommodate the 4,570-unit RHNA with a 15 percent buffer. A list of sites and maps of the sites can be found in Appendix A of the Housing Element (Attachment 5).

ATTACHMENT 1
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Vacant and non-vacant sites with suitable zoning can accommodate 5,077 units across the income categories. HCD's approved "safe harbor" methodology allows Livermore to assume 325 ADUs over the planning period. This number is based on ABAG's ADU affordability analysis for the region, local fair housing analysis related to ADUs, and the number of ADUs that Livermore has permitted over the past several years. The total capacity of 5,402 exceeds the 5,256 unit goal described above. Table 3 below provides a summary of the approach to meeting the RHNA provided in Chapter 4 of the Housing Element. The City will submit Annual Progress Reports to HCD throughout the planning period to demonstrate progress issuing permits and meeting RHNA.

All sites identified in the inventory are currently designated for residential uses. As a result, the City does not need to designate or rezone new residential sites to satisfy the 6th RHNA cycle. The City is exploring land use alternatives through the horizon year 2045 as part of the General Plan Update. The land use alternatives will respond to the General Plan Vision, community input, market forecasts, population growth, and economic projections to achieve a balanced land use pattern. Some of the land use alternatives may include new residential designations that could also help meet required residential units in the future 7th (anticipated 2031 through 2039) and 8th (anticipated 2039 through 2047) RHNA cycles.

Table 3. Comparison of Site Capacity and the RHNA
Income
Category Total RHNA
Projected
Accessory
Dwelling
Units
Units on
Vacant
Sites with
Suitable
Zoning*
Units on
Non-Vacant
Sites with
Suitable
Zoning*
INSP**
Units
Total Unit
Capacity
Surplus
RHNA
Very Low
Income

1,317

97 Included in low
income total
below
Included in low
income total
below
Included in low
income total
below
Included in low
income total
below
Included in low
income total
below
Low Income 758 98 702 11 1,570 2,478 403
Moderate
Income 696 97 561 175 0 833 137
Above
Moderate
Income
1,799 33 281 24 1,753 2,091 292
Total 4,570 325 1,544 210 3,323 5,402 832
*Per State law, units for the lower-income categories can only be allocated on sites with zoning that allows 30 dwelling units per acre.
**Isabel Neighborhood Specific Plan
Goals, Policies, and Programs
Chapter 4 of the Housing Element outlines the City’s goals and policies for the 2023-2031 planning period and identifies programs the City will implement to achieve the goals. Most of the programs continue efforts from the 2015-2023 Housing Element, such as producing affordable housing and reducing governmental constraints on housing development. However, the programs were updated and reorganized to better reflect current needs in the community and resources available to meet those needs. Notable changes to the housing programs include new efforts to meet fair housing requirements and expanded efforts related to healthy and resilient homes and neighborhoods. In addition, many of the programs contain actions that address state goals in addition to local goals. Programs driven by state law are required to be included in the Housing Element.

ATTACHMENT 1
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Environmental Review

The 2023-2031 Housing Element creates a roadmap for the City to achieve its State-mandated Regional Housing Needs Allocation (RHNA) and Affirmatively Furthering Fair Housing (AFFH) goals through identification of suitable sites that are currently designated for housing development, and identifying programs and actions that could remove constraints and promote affordable housing development.

Because the City does not have to rezone any sites or make any physical improvements to adopt the Housing Element, it can be seen with certainty that there is no possibility that the proposed Housing Element would have a significant effect on the environment. Thus, the 2023-2031 Housing Element is exempt from the California Environmental Quality Act (CEQA) under Guidelines Section 15061(b)(3) the common sense exemption, in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It should be noted that the current General Plan and Specific Plans have been analyzed under separate environmental review documents pursuant to CEQA, and pending applications for housing development are currently undergoing their own appropriate environmental review. Additional analysis in support of the finding is included in the 2023-2031 Housing Element CEQA Exemption Technical Memorandum attached to this report.

Next Steps

The City Council will review the 2023-2031 Housing Element on March 13, 2023. If City Council adopts the Housing Element, staff will submit the Housing Element to HCD for final certification.

ATTACHMENTS

1. October 2022 Comment Letter from HCD

2. Resolution - CEQA

3. Exhibit A - CEQA Exemption Memo

4. Resolution - Project

5. Exhibit A - Revised Housing Element

6. Exhibit B - February 2022 Letter from HCD

Prepared by: Tricia Pontau
Senior Planner

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February 26, 2023
To: Planning Commission
From: Alan Burnham
Subject: Comments and concerns on the current Housing Element The Housing Element is an evolving, complex document, and it is substantially different from what I reviewed in detail last year. It has improved in terms of its presentation of demographics but has some serious problems related to recent changes that could and should be addressed by relatively minor changes in wording. In this case, there are also introductory documents to consider. The page numbers I cite are for the agenda pdf, not the housing element itself. My only comment about the parcels and policies is that they are quite good and appropriate.

The October 20 letter from Paul McDougall states that a non-vacant site must have some justification to be considered as a potential building site. My personal experience with commercial property ownership is that tearing down an existing building for redevelopment is economically challenging, particularly if the building has been owned for a long time due to Prop 13 issues. However, there are cases where it does make sense, and the cases given here are sound.

Section 2.2.3 of the CEQA Exemption memorandum introduces Figures 2-1 to 2-4 as maps of the various housing sites. These same maps appear on pages 50-53 in the Housing Plan. They are a great summary but seem to have some errors or misleading content. Figure 2-1 includes the mall on Pine Street, which is largely empty and would seem to be an attractive redevelopment site. However, a similar old shopping mall on Pacific Avenue is not included, and I’ve heard that a redevelopment proposal is in the works. So why is one included and not the other? On Figure 2-3, the recently refurbished Granada Business Park is shown in Red as Commercial Office. There was some discussion at a Council meeting about whether the remainder of the business park could be redeveloped as senior housing, but the entire site is indicated as available. That is misleading and should be clarified. I did find a parcel in Table A describing what I think is this case, but the table lists the parcel as 097 014301905 and the Alameda County Parcel Viewer lists the northern portion as 97-143-56. (This leads to a more general question of why parcels are listed differently than on the tax roles? It is closer in form for the Rincon-Pine property.) On Figure 2-4, the Civic Center is shown in blue under Education and Institutions zoning. There is no mention in the text that some places are mentioned purely for reference, so the implication is that we are planning to tear down City Hall, the Police Station, and the Library for housing. I doubt that is true, but a plain reading of the document so suggests. At the end of Pacific, Interfaith Housing plans another affordable housing project. It is not noted on the map. Why not? There is a box style for Planned Development. There may be reasons why the map is not in error as it seems to be, but those reasons should be in the memo if so.

The Executive Summary points to section 1.2 as the location of the data sources. I have made the comment earlier that these data sources are outdated, and some changes have been made to address my concerns (thank you). One additional concern I found this reading is the enhanced need for senior housing.

The median age in Livermore per the 2020 US Census 40.5 versus 39.8 on page 44. The 2020 US Census has 14.6% over 65+, while Table 2-4 has 13.3%. The difference is over 1000 senior citizens. I realize that the city does not actually plan housing projects, but from a citizen’s perspective, how does that 1000- ATTACHMENT 2
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person difference impact the plans to provide affordable housing, either for purchase or rent, for older people who no longer wish or can afford to stay in their current houses? Also keep in mind that the 65+ population share in 2000 was only 7.5%, so this is one of the fastest growing segments, and it may well be more than 20% by 2030 given that ages 55-59 are the largest 5-year segment of Livermore’s population today per the 2020 US Census. (I note in passing a typographical error on page 94 concerning Senior Households. Line 3 has an extra space in the number 12,086, perhaps due to a failed algorithm of line justification.)
An extreme example of outdated statistics exists in Table 2-1 on page 83, which comes from ABAG.

Dublin’s population is predicted to grow from 64,695 in 2020 to 73,800 in 2040. The problem is that the 2020 US census has Dublin’s population as 72,589. I don’t know how ABAG creates its numbers, but this discrepancy does not inspire much confidence in them. Livermore is closer to right for 2020, being listed 91,861 rather than the 2020 census count of 87,955, but the discrepancy is a third of the projected 20- year growth. How should I interpret this? Let’s do a sanity check calculation. The RHNA housing units are 4570 for the next 8 years and probably 10,000 or so for the next 20 years. For an average of 2.66 people per unit, that is 26600 people, which is twice the predicted growth. But the existing 32,000 housing units would drop by 6400 because a drop in people per unit, so the projected increase would be 20,000 people. This corresponds to a 1.0% annual growth rate. How does that correspond to historical trends? I recall seeing Livermore population trends over the past 30-40 years in earlier documents, and it seems that would be far more useful information than Table 2-1, which mostly convinces me that ABAG is an unreliable source of information (or worse). Table 2-1 could be summarized in words saying that Alameda County is expected to grow at 0.9% over the next 20 years, and cities in the Tri-Valley are expected to be similar. Then compare that growth rate to the past to give it some credence, with the qualification that growth 20 years out would require either substantially higher density or an expanded urban growth boundary or whatever insight might be helpful to put these numbers into context.

On page 87, the following sentence occurs: “Also reflecting relatively high educational attainment levels, a large share of both Livermore and Alameda County residents are employed in the Financial and Professional Services and Health and Educational Services (Table 2-7).” I don’t know exactly what that means or how it relates to Table 2-7. I would not consider scientists and engineers employed by LLNL, Sandia, Form Factor, or Topcon, etc. to be providing professional services, in that they are working for an employer, not providing services to the public. And I would also assert that a large fraction of those employed there are not professionals in my use of the word. Further, the job classification on the EDD site is Professional and Technical Services, which is closer to making sense. Finally, Valley Care Health does not exist anymore nor has it for quite some time. It is now Stanford Health Care and should be reflected as so. This is another example of uncritical citation of outdated sources.

Page 88 ends

Livermore City CouncilMarch 13, 2023

Livermore City Council
March 13, 2023