Agenda packet — Livermore City Council, April 10, 2023 (part 1 of 2)

CITY COUNCIL
AGENDA
MONDAY, APRIL 10, 2023
REGULAR HYBRID MEETING –
7:00 PM
CLOSED SESSION : 6:30 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:
https://us02web.zoom.us/j/83098211711
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 830 9821 1711
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
April 10, 2023

1 1.

CLOSED SESSION - 6:30PM

Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
No
te: This Closed Session my be continued to the end of the Regular Meeting.

1.1 Conference with Legal Counsel - Anticipated Administrative Enforcement and Anticipated Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(4) to decide whether to initiate a City Tax Collector administrative enforcement action to collect unpaid business license taxes, or to initiate litigation, based on existing facts and circumstances, and to provide direction on a proposed settlement. (two cases.)

1 .

Unpaid Business Tax License Tax – Lawrence Livermore National Security, LLC, and settlement proposal.
2 .

Unpaid Business Tax License Tax – Sandia National Laboratory and settlement proposal.

1.2 Conference with Legal Counsel - Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated. (one case)

1 .

In Re: National Prescription Opiate Litigation, United States District Court, Northern District of Ohio, Eastern Division, MDL 2804, Case No. 1:17-MD-2804. Discussion and direction whether to register as an eligible Non-Litigating Subdivision to participate in the nationwide settlements that are proposed to resolve all opioids claims pending against Teva Pharmaceutical Industries Ltd, Allergan Finance, LLC and Allergan Limited, and the pharmacies CVS Health Corporation and CVS Pharmacy, Walgreens Co., Walmart Inc., and their respective parent, subsidiary, division, affiliates, joint ventures, predecessors, successors, and assigns.
https://oag.ca.gov/opioids
and
https://nationalopioidsettlement.com/

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Tournament draw for games in the 2023 Little League Intermediate World Series with

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

REPORT OF ACTION TAKEN IN CLOSED SESSION

Livermore City Council Agenda
April 10, 2023

2 Kathleen Minser, Little League Intermediate World Series - Marketing & Media Director.

Recommendation:

Staff recommends the City Council administer the tournament draw for games in the 2023 Little League Intermediate World Series with Kathleen Minser, Little League Intermediate World Series - Marketing & Media Director.

3.2 Proclamation declaring April 2023 as Fair Housing Month presented to Steve Medeiros, President, Board of Directors of Bay East Association of REALTORS, Kevin McCallum, Vice- Chair of Local Government Relations Committee, and Mary Ann Rozsa, member of Local Government Relations Committee.

Recommendation:

Staff recommends City Council declare April 2023 as Fair Housing Month.

Staff Report

Attachments:

1. Proclamation

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 - March 6, 2023 Special Meeting, March 13, 2023 Regular Meeting, and March 27, 2023 Regular Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Livermore City Council Agenda
April 10, 2023

3 Staff Report

Attachments:

1. 2023-03-06 Draft Minutes

2. 2023-03-13 Draft Minutes

3. 2023-03-27 Draft Minutes

5.2 Resolutions authorizing execution of agreements with Daniel B. Valiao and East Bay Municipal Consulting for engineering support services in amounts not-to-exceed $400,000 each.

Recommendation:

Staff recommends the City Council adopt resolutions authorizing the City Manager to execute agreements with Daniel B. Valiao and East Bay Municipal Consulting to provide on-call engineering support services for development projects and capital improvement projects. The terms of the agreements are from March 1, 2023 to June 30, 2025, in amounts not-to-exceed $400,000 each.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Agreement with Daniel B. Valiao (Signed)

3. Resolution

4. Exhibit A - Agreement with East Bay Municipal Consulting (Signed)

5.3 Resolution authorizing execution of an agreement with Frogparking, Inc., to supply and install parking guidance technology in the L Street Parking Garage in an amount not-to-exceed $295,384, as part of the Livermore Village Parking Garage Construction, Project 586003.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Frogparking Inc, to supply and install parking guidance technology in the L Street Parking Garage in the not-to-exceed amount of $295,384 as part of the Livermore Village Parking Garage Construction, Project 586003.

Staff Report

Attachments:

1. Site Plan

2. Resolution

3. Exhibit A - Agreement with Frogparking Inc.

5.4 Resolution authorizing execution of an agreement with Shute, Mihaly, and Weinberger LLP to provide planning services and legal advice for Development Code amendments and objective design standards to implement new state housing laws and Livermore's Housing Element, in an amount not-to-exceed $245,640.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing execution of an agreement

Livermore City Council Agenda
April 10, 2023

4 with Shute, Mihaly, and Weinberger LLP to provide planning services and legal advice for Development Code amendments and objective design standards to implement new state housing laws and Livermore's Housing Element. The term of the agreement is from May 1, 2023 to May 1, 2025, in an amount not-to-exceed $245,640.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Draft Agreement with Scope of Work

5.5 Resolution directing the City Engineer to file the Annual Engineer’s Report for the City’s Landscape Maintenance Districts.

Recommendation:

Staff recommends the City Council adopt a resolution directing the City Engineer to file the Annual Engineer’s Report for the City’s Landscape Maintenance Districts.

Staff Report

Attachments:

1. Resolution

5.6 Resolution designating Laserfiche and Accela as Trusted Systems for the management of the City's official records in electronic format and the automation of retention requirements.

Recommendation:

Staff recommends the City Council adopt a resolution designating Laserfiche and Accela as Trusted Systems for the management of the City's official records and the automation of retention requirements.

Staff Report

Attachments:

1. Livermore Records and Information Management Policy

2. Resolution

3. Exhibit A - City Clerk procedure for saving official records to Laserfiche

4. Exhibit B - City Clerk procedure for deletion of obsolete records from Laserfiche

5. Exhibit C - Planning Procedure for Saving Records into Accela

6. Exhibit D - Planning Procedure for Deleting Records from Accela

7. Exhibit E - Building - Procedure for Saving Records into Accela

8. Exhibit F - Engineering - Procedure for Saving Records into Accela

9. Exhibit G - Engineering - Procedure for Deleting Records from Accela

6. PUBLIC HEARINGS

6.1 Hearing to receive and consider protests and direct staff to proceed with field abatement work on non-compliant properties under the 2023 Fire Hazard Abatement Program.

Livermore City Council Agenda
April 10, 2023

5 Recommendation:

Staff recommends City Council consider all protests, and if City Council finds appropriate, adopt a resolution overruling protests, and direct staff to proceed with necessary weed abatement on all parcels requiring abatement.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - List of Parcels & Property Owners

7. MATTERS FOR CONSIDERATION

7.1 Resolution receiving the Annual Review of Military Equipment Report, determining that the equipment identified in the report complies with applicable standards, and authorizing the Military Equipment Ordinance 2.36.200 to be renewed and remain in effect.

Recommendation:

Staff recommends City Council:

1 .

Accept the 2022 Annual Military Equipment Report;
2 .

Determine that the equipment identified in the report complies with the City's policy and the statutory requirements, and
3 .

Review Ordinance 2.36.200 and vote on whether to renew the ordinance.

Staff Report

Attachments:

1. Livermore Police Department Policy 709 - Military Equipment

2. 2022 Military Equipment Inventory

3. Ordinance 2.36.200

4. Resolution

5. Exhibit A - 2022 Annual Military Equipment Report

7.2 Discussion and Direction regarding Comprehensive General Plan Update - Land Use Alternatives Evaluations and a Resolution amending the General Plan Advisory Committee Rules of Procedure.

Recommendation:

Staff recommends the City Council:

1 .

Receive a report from staff on the status of the comprehensive General Plan Update and the land use alternatives evaluation process,
2 .

Direct staff to include the geographic area east of Greenville Road in the evaluation study for the General Plan Update; and
3 .

Adopt a resolution amending the General Plan Advisory Committee Rules of Procedure

Livermore City Council Agenda
April 10, 2023

6 reducing the number of members to thirteen, except that in the event of a future vacancy the committee’s membership will be reduced to the number of remaining members, and adjusting the number required to constitute a quorum to a majority of members.

Staff Report

Attachments:

1. September 12, 2022, City Council Report on Draft Land Use Alternatives

2. Initial Findings Memo

3. Committee Feedback Summary

4. Letter from TOPCON dated February 14, 2023

5. Resolution

6. Exhibit A - General Plan Advisory Committee Revised Rules of Procedure 2023

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS

9. ADJOURNMENT

To a Special City Council meeting on Monday, April 17, 2023 at 5:00 pm, and a Regular City Council meeting on Monday, April 24, 2023 at 7:00 pm at the 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.

Livermore City Council Agenda
April 10, 2023

7 Other Agenda Items
are also open for public input including Consent Calendar or Matters for 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/83098211711

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: 830 9821 1711
Livermore City Council Agenda
April 10, 2023

8 If you would like to deliver written materials to the City Council as part of your public 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
April 10, 2023

9 CITY COUNCIL STAFF REPORT
ITEM NO. 3.2

DATE:

April 10, 2023
TO:

Honorable Mayor and City Council
FROM:

Christine Martin, Assistant City Manager
SUBJECT:

Proclamation declaring April 2023 as Fair Housing Month presented to Steve Medeiros, President, Board of Directors of Bay East Association of REALTORS, Kevin McCallum, Vice-Chair of Local Government Relations Committee, and Mary Ann Rozsa, member of Local Government Relations Committee.

RECOMMENDED ACTION

Staff recommends City Council declare April 2023 as Fair Housing Month.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation

Prepared by: Stephanie Egidio
Assistant to the City Manager

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
10 11

CITY COUNCIL STAFF REPORT
ITEM NO. 5.1

DATE:

April 10, 2023
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Approval of draft minutes - March 6, 2023 Special Meeting, March 13, 2023 Regular Meeting, and March 27, 2023 Regular Meeting.

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. 2023-03-06 Draft Minutes

2. 2023-03-13 Draft Minutes

3. 2023-03-27 Draft Minutes

Prepared by: Marie Weber
Deputy City Manager/City Clerk

MINUTES
CI

TY COUNCIL
MARCH 6, 2023
________________________________________________________________ SPEC

IAL MEETING
1 . CALL TO ORDER – T he meeting of the City Council was called to order by Mayor John Marchand at 5:00 pm, 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 Presentation and discussion of the City of Livermore Five -Year (2023-2028) Strategic Plan and Financial Plan, and results of the 2 022 National Communities Survey.

R
ecommendation:

Staff recommends the City Council provide input on the City of Livermore's Five- Year (2023- 2028) Strategic Plan and Financial Plan, along with the 2022 National Communities Survey results, in preparation for the biennial (2023- 25) budget development.

Mayor Marchand opened the public comment period.

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

A
ssistant City Manager Christine Martin and Administrative Services Director Tina Olson provided the staff presentation.

THE CITY COUNCIL RECEIVED THE PRESENTATION AND PROVIDED THE FOLLOWING FEEDBACK:

Pillar 1 – A Safe
Community That
Thrives
• Goal 2: Mention LPD Community Academy and
volunteer program under the relevant objective.
• Goal 2: add an objective to "Build on the City’s
existing efforts through crisis response teams to help
people in a mental health crisis"
ATTACHMENT 1
13 CM/75/2 Minutes MARCH 2, 2023

• Goal 7: First objective needs "Very Low" added to
the list of income levels.
• Goal 8:
o Add an objective to "Seek additional funding
for services in Livermore"
o Add an objective to "Facilitate efforts of
regional non-profits to find sustainable
resources to provide physical and mental
health care for Livermore residents" -
Coordinate with Alameda County who is equip
for this.
o Add an objective to "Facilitate partnerships,
co-ordination, and communication between
non-profits serving Livermore."
• Goal 9: Add a workplan item in "Shift fees to per sqft from per unit where feasible to promote a variety of
development options"
• Goal 14 (or maybe 10) Add an objective to "Update
Active Transportation Plan and city ordinances to
improve road safety"
• Goal 10 – Consider moving Transportation and
Traffic Safety under public safety.

Pillar 2 – Economy
That Prospers
• Goal 2: in objective 1 Add text at the end such as
"making a livable wage"
Pillar 3 –
Environmental
Stewardship
• Goal 1: Add an objective to "Update city codes to
and encourage residential, commercial, and city
landscaping to incorporate edible and native plants."
(garden that staff tends to in free time)
• Goal 1: Drought Friendly Landscaping - is not
hardscape - rocks, bricks, etc. increase heat. Provide
specific language to avoid hardscapes.
• Goal 2: Add an objective "Educate and partner with
local food operations to divert food waste" (there is
state law around this - just continue those efforts)

Pillar 4 – Inclusive
& Inviting Spaces
and Places
• Goal 6 "Objective 2" - Partnerships incredibly
valuable
• Add an objective referring to increasing programing
in areas other than downtown.
• Add objective regarding maintaining character of
community - including wine country aspects, craft
beer, kombucha, etc (beverage).

ATTACHMENT 1
14 MARCH 2, 2023 Minutes CM/75/3

Pillar 5 – A City
That Works
• Ensure staffing is appropriate to meet goals

Council Direction • Reporting – Add Pillars and Goals to staff reports in the City Council agenda as well as relevant
documents (i.e. General Plan, Specific Plan, etc.).
• Keep Valley Link conversation going.
• Maintain an inventory of commercial and
manufacturing land available to businesses looking
to move here (General Plan Advisory Committee.
• Keep in mind how staff will change behavior based
on the strategic plan.
• Ensure goals are measurable.

Survey Feedback Survey -
• Be careful with questions to avoid contradictory
answers.
• Understand what code enforcement means to the
public.
• Council directed staff to include type of government
in 'similar city' information of the survey. Document if similar cities have a strong Mayor or Mayor/City
Manager form of government.

8. ADJOURNMENT – at 6:33 pm to a Regular City Council meeting on Monday, March 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
15 CM/75/4 Minutes MARCH 2, 2023

ATTACHMENT 1
16 MARCH 13 2023 Minutes CM/75/1

MINUTES
CI

TY COUNCIL
MARCH 13, 2023
________________________________________________________________ RE

GULAR MEETING

1. C

LOSED SESSION - NONE
2 . CALL TO O RDER – T he meeting of the City Council was called to or der by Mayor John Marchand at 7:00 pm, held in person at 1016 S. Livermore Avenue and remotely using Zoom and YouTube.

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

EDGE OF ALLEGIANCE
3 . PROCLAMATIONS AND PRESENTATIONS – NONE
3 .1 Presentation by Tim Sbranti, Ronald Gerhard, Dr. Dyrell Foster, and Owen Letcher of Las Positas College regarding Student Housing.

R
ecommendation: Staff recommended the City Council receive a presentation from Las Positas College regarding Student Housing.
4 . OPEN FORUM
Ma
yor Marchand opened the public comment period.

D
avid McGuigan provided a comment.

J
ohn Stein provided a comment.

Th
ere were no more more speakers and the public comment period was closed. 5 . C ONSENT CALENDAR
Ite
ms 5.6 and 5.9 were removed from the Cons ent Calendar for separ ate discussion and action.

Ma
yor Marchand opened the public comment period.

ATTACHMENT 2
17 CM/75/2 Minutes MARCH 13, 2023

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

ON THE MOTION OF CM B RANNING, S ECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCI L APPROVED THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEMS 5.6 AND 5.9.

Item 5.9 Pete Sandhu, provided a comment.

Item 5.6 Mark Triska provided a comment.

Item 5.6 Charles (last name unknown) provided a comment.

ON THE MOTION O F CM BRANNING , SECO NDED BY VM KIICK , AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL DID NOT APPROVE T HE RESOLUTION FOR CONSENT CALENDAR ITEM 5.6 AND DIRECTED STAFF

TO RENEGOTIATE THE CONTRACT, ONLY PAY FOR SPACES ACTUALLY

USED, AND NEGOTIATE FAVORABLE TERMS FOR ADDITIONAL SPACES AT LITTLE TO NO COST IN EXCHANGE FOR BUILDING IMPROVEMENTS.

ON THE MOTION O F VM KIICK , SECO NDED BY CM CARLING , AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL A PPROVED CONSENT CALENDAR ITEM 5.9.

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

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

5.2 Adoption of O rdinance 2143 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 recommended 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.

5.3 Adoption of Ordinance 2144 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 recommended 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 ATTACHMENT 2
18 MARCH 13 2023 Minutes CM/75/3

from the requirement for a home occupation permit.

5.4 Resolution 2023-029 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: Staff recommended 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.

5.5 Resolution 2023-030 awarding and authorizing execution of a two- year agreement with Siemens Industry, Inc., for testing, inspection and repair of fir e 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 recommended 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.

5.6 ( ITEM NOT APPROVE D) 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.

5.7 Resolution 2023-031 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 recommend ed that City Council adopt a resolution authorizing the City Manager to execute an agreement with CR Consulting for ATTACHMENT 2
19 CM/75/4 Minutes MARCH 13, 2023

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.

5.8 Resolution 2023-032 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 recommended 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.

5.9 Resolution 2023-033 to extend the suspension of Airport Development until a new comprehensive Ai rport Development Policy is adopted by the City Council.

Recommendation: Staff recommended 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.

5.10 Resolution 2023-034 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 Ca lifornia Cities, Senator Glazer, and Assemblymember Bauer- Kahan.

Recommendation: Staff recommended 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.

5.11 Resolution 2023-035 declaring non-complying parcels a publi c nuisance requiring abatement, directing staff to proceed with the annual Fire Hazard Abatement Program, and s et a public hearing date of April 10, 2023, to receive ATTACHMENT 2
20 MARCH 13 2023 Minutes CM/75/5

protests and direct staff to proceed with field abatement work.

Recommendation: Staff recommended 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.

5.12 Resolutions 2023-036 approving City Council Norms, Values and Principles of Governance, and Resolution 2023- 037 approving the City Council Meeting Rules of Procedure.

Recommendation: Staff recommend ed the City Council adopt resolutions approving the City Council Norms, Values and Principles of Governance, and the City Council Meeting Rules of Procedure.

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 recomm ended 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.

Special Projects Coordinator Susan Frost presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

ON THE MOTION OF VM KIICK, SECONDED BY CM CARLING AND CARRIED ON A 5-0 VOTE, THE CIT Y COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 20 23-038 adopting short -term rental permit fees in the amount of $220 for a new permit and $160 for annual permit renewal.

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 se t goals, policies, and programs to meet the community’s housing needs.

ATTACHMENT 2
21 CM/75/6 Minutes MARCH 13, 2023

Recommendation: Staff and the Planning Commission recommended 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 St ate 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.

Senior Planner Tricia Pontau presented the staff report.

Mayor Marchand opened the public hearing.

Alan Burnham provided a comment.

John Stein provided a comment.

There were no more speakers and the hearing was closed.

ON THE MOTION OF CM BRANNING, SECONDED BY VM KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED T HE FOLLOWING

RESOLUTIONS

Resolution 2023-039 finding that the 2023 -2031 Housing Element is exem pt from the provisions of the California Environmental Quality Act.

Resolution 2023-040 approving the G eneral Plan Amendment ( GPA) 23 -002 and adopting the 2023-2031 housing element.

7. MATTERS FOR CONSIDERATION - NONE

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIA TED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS

THE 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.

Resusable Foodware the City Council directed staf f to review the comprehensive reusable food ware ordinance template created by Stopwaste.org and bring information back regarding an ordinance that could accommodate ATTACHMENT 2
22 MARCH 13 2023 Minutes CM/75/7

Livermore’s needs.

Livermore Amador Valley Transit Authority (LAVTA) VM Kiick noted her attendance at the finance meeting on February 28, 2023 and the board meeting on March 6, 2023.

Read Across America CM Carling and VM Kiick noted their attendance at the event on March 2, 2023.

9. ADJOURNMENT – at 8:43 pm t o 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.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTE
ST:

MARIE WEBER, CITY CLERK
ATTACHMENT 2
23 MARCH 27, 2023 Minutes CM/75/1

MINUTES

CITY COUNCIL
MARCH 27, 2023
________________________________________________________________

CLOSED SESSION
CALL TO ORDER – The Closed Session of the City Council was called to order by Mayor John Marchand at 6:15 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, and Robert W. Carling.

Absent: Council Member Branning.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL
REGARDING CLOSED SESSION ITEMS.

Mayor Marchand opened the public comment period.

There were no speakers and the hearing was closed.

1. ADJOURN TO CLOSED SESSION

1.1 Conference with Labor Negotiator, Conference Joint Powers Agency Confidential Information. To meet with Administrative Services Director, Tina Olson, Human Resources Manager, Nancy Dias, Senior Human Resources Analyst, Kristen Hilton, Human Resources Analyst II, Kaylin Larson, and Tim Davis, Attorney with Burke, Williams & Sorensen, the City's and the Livermore- Pleasanton Fire Department's negotiators, pursuant to Government Code sections 54957.6 and 54956.96, regarding the Livermore-Pleasanton Fire Department Joint Powers Authority's negotiations with The International Association of Firefighters, Local 1974, AFL-CIO-CLC for the Battalion Chief's unit.
_______________________________________________________________

REGULAR MEETING

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, and Robert W. Carling.

Absent: Council Member Branning.

ATTACHMENT 3
24 CM/75/2 Minutes MARCH 27, 2023

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION

Mayor Marchand reported there was no reportable action taken.

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation declaring March 2023 as American Red Cross Month, presented to Disaster Action Committee Volunteer Jan Peterson and Alameda County Leadership Council Member Varsha Clare.

Recommendation: Staff recommend the City Council declare March 2023 as American Red Cross Month.

Mayor Marchand presented the proclamation.

3.2 Proclamation declaring March 2023 as March for Meals Month, presented to Carrie Oldes, Meals on Wheels Program Manager.

Recommendation: Staff recommends City Council declare March 2023 as March for Meals Month.

Mayor Marchand presented the proclamation.

4. OPEN FORUM

Mayor Marchand opened the public comment period.

David McGuigan provided a comment.

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

5. CONSENT CALENDAR

Mayor Marchand opened the public comment period.

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

ON THE MOTION OF VM KIICK, SECONDED BY CM CARLING, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

5.1 Approval of draft minutes - February 27, 2023 Regular Meeting and March 2, 2023 Special Meeting.

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

ATTACHMENT 3
25 MARCH 27, 2023 Minutes CM/75/3

5.2 Resolution 2023-041 authorized an agreement with Oliveira Enterprises, Inc. for mulch procurement and application services in an amount not -to-exceed $600,000 for three years to comply with the requirements of SB 1383.

Recommendation: Staff recommend ed City Council adopt a resolution authorizing execution of an agreement with Oliveira Enterprises, Inc. to provide in an amount not-to-exceed $600,000 over the three-year term.

5.3 Resolution 2023-042 approved extending the Alameda County Abandoned Vehicle Abatement Program until May 31, 2033.

Recommendation: Staff recommend ed the City Council adopt a resolution to approve extending the Alameda County abandoned vehicle abatement program until May 31, 2033.

5.4 Resolution 2023-043 authorized the approval of grant application and acceptance of $60,000 grant funds through the California Energy Commission Grant for Automated Solar Permit Processing.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Authorizing the Chief Building Official or designee, to execute all documentation necessary to apply for the $60,000 grant for the California Automated Permit Processing Program.

2. Authorizing the City Manager or d esignee, to execute any agreements and accept the $60,000 grant funds awarded through the California Automated Permit Processing Program.

5.5 Resolution 2023-044 to summarily vacate a portion of the existing storm drain easement in Veterans Way, recorded May 20, 1968, reel 2184, images 414- 420, and authorize the City Manager to quitclaim the storm drain easement to unencumber the Blacksmith Square Expansion and the L Street Garage Project.

Recommendation: Staff recommend ed the City Council adopt a resolution to summarily vacate a portion of existing storm drain easement in Veterans Way, recorded May 20, 1968, reel 2184, images 414 -420, and authorize the City Manager to quitclaim the storm drain easement to City of Livermore , a municipal corporation, and Blacksmith Square LLC.

5.6 Resolution 2023-045 approved the City of Livermore Salary Plan to reflect previous agreements, creation of new classifications, and retitled positions in accordance with California Code of Regulations, Title 2, Section 570.5.

Recommendation: Staff recommend ed the City Council adopt a resolution approving modifications to the City of Livermore Salary Plan to reflect previous agreements, creation of new classifications, and retitled positions.

5.7 Resolution 2023-046 approved the City of Livermore Recruitment Incentive Policy effective April 1, 2023.

ATTACHMENT 3
26 CM/75/4 Minutes MARCH 27, 2023

Recommendation: Staff recommend ed the City Council adopt a resolution approving the City of Livermore Recruitment Incentive Policy effective April 1, 2023 and authorizes the City Manager to offer recruitment incentives consistent with the approved policy.

6. PUBLIC HEARINGS

6.1 Hearing to consider the Housing Element Annual Progress Report, which tracks the City’s progress towards implementing the Housing Element of the General Plan and meeting its Regional Housing Need Allocation (RHNA), pursuant to Government Code Section 65400.

Recommendation: Staff recommend ed the City Council adopt a resolution accepting the 2022 Housing Element Annual Progress Report.

Senior Planner Tricia Pontau and Planning Manager Steve Stewart 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 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING
RESOLUTION:

Resolution 2023-047 accepted the 2022 housing element annual progress report.

6.2 Hearing to consider adoption of a resolution establishing an annual fee for a home occupation permit renewal, which is required when a resident is employed and works from their home, in the amount of $50.00, consistent with Livermore Development Code Section 9.05.100.

Recommendation:

Staff recommended the City Council adopt a resolution establishing an annual fee for home occupation permit renewal in the amount of $50.

Principal Planner Steve Riley and Planning Manager Steve Stewart presented the staff report.

Mayor Marchand opened the public comment period.

Anonymous Speaker provided a comment.

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

ON THE MOTION OF VM KIICK, SECONDED BY CM CARLING AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING
RESOLUTION:

ATTACHMENT 3
27 MARCH 27, 2023 Minutes CM/75/5

Resolution 2023 -048 established an annual fee for a home occupation permit renewal, which is required when a resident is employed and works from their home, in the amount of $50.00, consistent with Livermore Development Code Section 9.05.100.

7. MATTERS FOR CONSIDERATION

7.1 Resolution approving the 2023 City of Livermore State and Federal Legislative Platform.

Recommendation: Staff recommends the City Council adopt a resolution approving the 2023 City of Livermore State and Federal Legislative Platform.

Assistant to the City Manager Stephanie Egidio 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 VM KIICK SECONDED BY CM CARLING AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING
RESOLUTION WITH ITEMS 6,7, AND 9 UNDER AFFORDABLE HOUSING, ITEMS 1 AND 4 UNDER PLANNING AND SUSTAINABILITY, AND ITEM 5 UNDER TRANSPORTATION AND PARKING CHANGED FROM “OPPOSE” TO “MONITOR” AND INCLUDING A CATEGORY FOR ITEMS THAT ALIGN WITH THE CITY’S CLIMATE ACTION PLAN.

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS

THE 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 SUM MARY IN THE SUPPLEMENTAL PACKET ARE INCLUDED BELOW.

Livermore Amador Valley Transit Authority VM Kiick noted her attendance at the meeting on March 27, 2023.

8. ADJOURNMENT – at 8:00 pm Regular City Council meeting on Monday, April 10, 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 3
28 CITY COUNCIL STAFF REPORT
ITEM NO. 5.2

DATE:

April 10, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolutions authorizing execution of agreements with Daniel B. Valiao and East Bay Municipal Consulting for engineering support services in amounts not-to-exceed $400,000 each.

RECOMMENDED ACTION

SUMMARY
The proposed agreements will provide on-call engineering plan review services, technical assistance, and coordination assistance with developers and agencies for development and capital improvement projects.

DISCUSSION
The Engineering Division requires multiple engineering consultants to assist in performing timely development reviews during workload surges. The workload related to development review fluctuates and the support of consultants allows the Engineering Division to provide quality reviews and timely customer service to the public, developers, and City staff.

The consultants were shortlisted from a Request for Qualifications/Proposals. Both of these firms have experience with the City's development review process and are available to work in the City of Livermore offices, as needed, for integration with City staff.

The proposed professional services agreements will provide plan review services, technical assistance, and coordination with developers and agencies for both development and capital improvement projects.

These agreements authorize the City Engineer to approve work tasks related to the contract within the overall budget amount.
29 FISCAL AND ADMINISTRATIVE IMPACTS

The estimated cost for the amount of work needed under each agreement is $400,000, totaling to $800,000 and will be expended over two years. Funding for the services to be provided under these agreements are included in the Engineering operating budget for consultant services in Fiscal Years 2022-2025.

COMMUNITY PILLAR
1: A Safe Community That Thrives
2: An Economy That Prospers
5: A City That Works

GOAL
Pillar 1, Goal 9: Facilitate new residential development consistent with the City's General Plan Pillar 2, Goal 5: Facilitate the development of commercial and industrial projects that provide high quality local jobs and support a diverse local economy
Pillar 5, Goal 14: Develop, operate, and maintain the City's infrastructure

ATTACHMENTS

1. Resolution

2. Exhibit A - Agreement with Daniel B. Valiao (Signed)

3. Resolution

4. Exhibit A - Agreement with East Bay Municipal Consulting (Signed)

Prepared by: Jarrett Rasmussen
Junior Engineer

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH DANIEL B. VALIAO FOR ON-CALL PLAN REVIEW SERVICES FOR DEVELOPMENT REVIEW PROJECTS IN AN AMOUNT NOT-TO-EXCEED $400,000 The Engineering Division requires multiple engineering consultants to provide plan checking and review of development projects, final map review, legal description review, and assorted general engineering plan review services in connection with a variety of development projects. The consultants will assist in performing timely development review during workload surges.

Staff sent out a Request for Qualifications/Proposals and received Statements of Qualifications from several firms. Based on the evaluation of the written proposals and interview results, two consultants, including Daniel B. Valiao, were selected by the committee for on-call plan check and development engineering review services.

The proposed agreement with this consultant allows for on-call plan check and development engineering review services to commence March 1, 2023, and terminate June 30, 2025.

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

1. Authorizes the City Manager, or her designee, to execute a professional services agreement with Daniel B. Valiao, attached hereto as Exhibit A, for on-call plan checking and development review services, in an amount not-to-exceed $400,000 for a two-year and 4-month term.

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 April 10, 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 – Professional Services Agreement with Daniel B.Valiao 31 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 Daniel B.Valiao (“Consultant”), a private person.

RECITALS

City requires professional services to provide on-call engineering map and plan review, including planning entitlements, public improvements, and related calculations for various development assignments and miscellaneous City capital improvement projects.

Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to 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 insurance, 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”):

On-call engineering map and plan review, including planning entitlements, public improvements, and related calculations for various development assignments and miscellaneous City capital improvement projects. Services include review of development projects, permit applications, entitlement processing, review of improvement plans, storm water quality control plans, and final maps. Drafting conditions of approval, agreements, and staff reports to City Council which shall be finalized by City staff. May attend meetings between staff, developers, engineers and others.

These services shall be ordered as needed pursuant to individual written project orders issued by the City and approved by the City Engineer. Project assignments will include a scope of work and budget to provide standards to determine when City will deem that project complete. City reserves the right not to order any services or expend any moneys pursuant to this Agreement.

DocuSign Envelope ID: 42A61948-2E11-4FC9-A882-D9EE37C596CD

EXHIBIT A
32 Professional Services Agreement Page 2
Rev. 09.2021

4. Consultant’s Responsibilities. Consultant 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;

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

(f) Coordinate the Services with Debbie Salgado (“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.

(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 S ervices.

Should Consultant fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Consultant;
DocuSign Envelope ID: 42A61948-2E11-4FC9-A882-D9EE37C596CD

EXHIBIT A
33 Professional Services Agreement Page 3
Rev. 09.2021

(l) If applicable, Consultant shall ensure that all work for compensation 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 comply 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 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 of $ 400,000 ("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 1, 2023, and terminates upon the completion of the Services or June 30, 2025, whichever occurs first.

7. Termination by City . City may terminate any portion or all of the S ervices 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. 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.

DocuSign Envelope ID: 42A61948-2E11-4FC9-A882-D9EE37C596CD

EXHIBIT A
34 Professional Services Agreement Page 4
Rev. 09.2021

9. 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 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 disc losed by Consultant to City and Consultant obtains a license to such items for 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. 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 S ervices. 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 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.

(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 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 s ection 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e).

12. 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.

DocuSign Envelope ID: 42A61948-2E11-4FC9-A882-D9EE37C596CD

EXHIBIT A
35 Professional Services Agreement Page 5
Rev. 09.2021
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.

13. 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.

14. 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.

15. Conflict of Interest. Consultant represents that no City employee or official has a financial interest in Consultant. Consultant shall not offer, encourage, 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 that 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.

16. 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 S ervices 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.

17. 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.

18. No Assignment. Consultant 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 Consultant 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 or 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.

20. Construction of Language . T he 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 DocuSign Envelope ID: 42A61948-2E11-4FC9-A882-D9EE37C596CD

EXHIBIT A
36 Professional Services Agreement Page 6
Rev. 09.2021
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 . T his 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:

TO CITY: Attention: Bob Vinn
City of Livermore
1052 S Livermore Avenue
Livermore, California 94550

TO CONSULTANT: Attention: Daniel B.Valiao
4697 Encanto Lane
Tracy, CA 95377

23. Waiver. Failure to insist upon the strict performance of any term or conditions in this Agreement, no matter how long the failure c ontinues, 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.

EXHIBIT A
37 Professional Services Agreement Page 7
Rev. 09.2021
shall be deemed to constitute duplicate originals and shall be valid and effective for all purposes.

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Signatures and Attachment List on the Next Page
DocuSign Envelope ID: 42A61948-2E11-4FC9-A882-D9EE37C596CD

EXHIBIT A
38 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 t his Agreement, effective on the date first written above.

CONSULTANT: Dated:

____________________________ ___________________________ By: Daniel B. Valiao
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: 42A61948-2E11-4FC9-A882-D9EE37C596CD 3/17/2023 | 9:52 AM PDT

EXHIBIT A
39 Daniel B. Valiao
Plan Check Consultant
4697 Encanto Lane
Tracy, CA 95377

EXHIBIT A
Scope of Services
DEVELOPMENT PROJECTS: Scope of Services includes review of planning entitlements, tract and parcel maps, improvement plans and building permit submittals, including writing conditions of approval for planning entitlements, reviewing low impact development, source control and storm water treatment and detention devices and calculations, preparation of subdivision improvement agreements and other agreements, review plot plans and plat maps and legal descriptions, review construction plans, specifications and cost estimates.

CAPITAL IMPROVEMENT PROJECTS: Engineering support services includes providing project coordination, design reviews, constructability and bidability reviews, plan preparation, specifications, cost estimates and construction bid documents reviews for minor CIP projects such as the sidewalk repair program, storm/sewer repair projects and others.

On-call Engineering Services Hourly Rate
Basic Rate $ 180.00 per hour

Basic rate shown is for a typical function as consultant for on-call engineering services outlined above. Travel time from and to the City including associated expenses are included in the above rate. No additional charges will be bill without a written approval from City of Livermore.

Invoice will be process monthly for services rendered. Payment of invoice is due within (30) days from the invoice date. Invoice not paid within this term is subject to a 1.5% monthly finance charge.

The terms outlined herein are valid from the date of this on-call engineering contract.

Thereafter and/or subsequent contract amendment, the basic rate will be subject to 3% cost of living increase approved by the City of Livermore.

All services are subject to finalization/approval by staff.

Daniel B. Valiao
Plan Check Consultant
DocuSign Envelope ID: 42A61948-2E11-4FC9-A882-D9EE37C596CD

EXHIBIT A
40 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:
$1,000,000/$2,000,000 aggregate per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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.

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional Revised 9/21/2015 B1 – 1M

Page 1 ends

DocuSign Envelope ID: 42A61948-2E11-4FC9-A882-D9EE37C596CD EXHIBIT A 41
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.

Revised 9/21/2015 B1 – 1M

Page 2 ends

DocuSign Envelope ID: 42A61948-2E11-4FC9-A882-D9EE37C596CD EXHIBIT A 42
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES

AGREEMENT WITH EAST BAY MUNICIPAL CONSULTING FOR ON-CALL PLAN

REVIEW SERVICES FOR DEVELOPMENT REVIEW PROJECTS IN AN AMOUNT NOT- TO-EXCEED $400,000.

The Engineering Division requires multiple engineering consultants to provide plan checking and review of development projects, final map review, legal description review, and assorted general engineering plan review services in connection with a variety of development projects. The consultants will assist in performing timely development review during workload surges.

Staff sent out a Request for Qualifications/Proposals and received Statements of Qualifications from several firms. Based on the evaluation of the written proposals and interview results, two consultants, including East Bay Municipal Consulting, were selected by the committee for on-call plan check and development engineering review services.

The proposed agreement with this consultant allows for on-call plan check and development engineering review services to commence March 1, 2023, and terminate June 30, 2025.

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

1. Authorizes the City Manager, or her designee, to execute a professional services agreement, with East Bay Municipal Consulting, attached hereto as Exhibit A, for on-call plan checking and development review services, in an amount not-to-exceed $400,000 for a two-year and 4-month term.

On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on April 10, 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 – Professional Services Agreement with East Bay Municipal Consulting 43 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 East Bay Municipal Consulting (“Consultant”), a sole proprietorship

RECITALS

Consultant warrants it possesses the distinct professional skills, qualific ations, experience, and resources necessary to 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 t he aforementioned recitals are true and correct and further agree as follows:

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”):

DocuSign Envelope ID: DA51E119-3B16-4E40-97BF-9061134EFBA7

EXHIBIT A
44 Professional Services Agreement Page 2
Rev. 09.2021

4. Consultant’s Responsibilities. Consultant shall:

(a) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;

(b) Provide the reso urces necessary to complete the Services in a timely manner;

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

(f) Coordinate the Services with Debbie Salgado (“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;

(k) Consultant shall correct, at its own expense, all errors in the S ervices.

Should Consultant fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Consultant;
DocuSign Envelope ID: DA51E119-3B16-4E40-97BF-9061134EFBA7

EXHIBIT A
45 Professional Services Agreement Page 3
Rev. 09.2021

5. Compensation and Payment.

(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 1, 2023, and terminates upon the completion of the Services or June 30, 2025, whichever occurs first.

DocuSign Envelope ID: DA51E119-3B16-4E40-97BF-9061134EFBA7

EXHIBIT A
46 Professional Services Agreement Page 4
Rev. 09.2021

DocuSign Envelope ID: DA51E119-3B16-4E40-97BF-9061134EFBA7

EXHIBIT A
47 Professional Services Agreement Page 5
Rev. 09.2021
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.

13. 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.

EXHIBIT A
48 Professional Services Agreement Page 6
Rev. 09.2021
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 . T his Agreement supersedes all other agreements, whether oral or written, between the parties with respect to the Services.

TO CITY: Attention: Bob Vinn
City of Livermore
1052 S Livermore Avenue
Livermore, California 94550

TO CONSULTANT: Attention: Bashir Anastas
East Bay Municipal Engineering
484 Lake Park Ave #644
Oakland, CA 94610

23. Waiver. Failure to insist upon the strict performance of any term or conditions in this Agreement, no m atter 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. 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 cons ent 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.

EXHIBIT A
49 Professional Services Agreement Page 7
Rev. 09.2021
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: DA51E119-3B16-4E40-97BF-9061134EFBA7

EXHIBIT A
50 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 t his Agreement, effective on the date first written above.

CONSULTANT: Dated:

____________________________ ___________________________ By: Bashir Anastas
Title: Principal

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: DA51E119-3B16-4E40-97BF-9061134EFBA7 3/17/2023 | 7:46 AM PDT

EXHIBIT A
51 Exhibit A

E A S T B A Y M U N I C I P A L C O N S U L T I N G

S C O P E O F S E R V I C E S

Bashir Anastas, Principal, will perform the following tasks based on the priority assigned by the City Project Manager, and track and provide progress reports on a monthly basis.

Development Review Services

Map review services entail the following tasks:
 Prepare conditions of approval as requested
 Review subdivision maps for technical correctness; and compliance with the City’s subdivision ordinance, the California Subdivision Map Act, and project conditions of approval.  Prepare correspondence, reports, staff reports and agreements, as necessary to complete the map review process.
 Review Lot Line Adjustments and Lot Mergers.
 Review and process dedications/vacations of City right-of-way and easements.

Improvement plan review services entail the following tasks:

 Establish performance, labor and material bond amounts and other development fees.  Review of on -site and off -site improvement plans for conformance with the City’s development code and Conditions of Approval.
 Evaluation of required reports, studies, improvement plans, and design professio nal’s recommendations and cost estimates.
 Attend meetings as requested.

Review of building permits entail the following tasks:
 Review of the site plan for conformance with Conditions of Approval.  Review of utility connections for conformance with the City Standards.  Review of grease interceptor and trash enclosure requirements where applicable.  Calculate impact fees.

Other Services as Assigned
East Bay Municipal Consulting will provide assistance with all other municipal engineering services as assigned.

All services are subject to finalization/approval by staff

Hourly Rate
Hourly rate to provide Development Review Services: $180.00 DocuSign Envelope ID: DA51E119-3B16-4E40-97BF-9061134EFBA7

EXHIBIT A
52 Revised 5/1/2018 B5 – 1M E&O

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

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

3. Workers’ Compensation and Employer's Liability:

4. Professional Liability/Errors and Omissions:
$1,000,000 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 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 DocuSign Envelope ID: DA51E119-3B16-4E40-97BF-9061134EFBA7

EXHIBIT A
53 Revised 5/1/2018 B5 – 1M E&O

Page 2 ends

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.

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.

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

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

DocuSign Envelope ID: DA51E119-3B16-4E40-97BF-9061134EFBA7

EXHIBIT A
54 CITY COUNCIL STAFF REPORT
ITEM NO. 5.3

DATE:

April 10, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing execution of an agreement with Frogparking, Inc., to supply and install parking guidance technology in the L Street Parking Garage in an amount not-to- exceed $295,384, as part of the Livermore Village Parking Garage Construction, Project 586003.

RECOMMENDED ACTION

SUMMARY
This Professional Services Agreement, in the amount of $295,384, will authorize Frogparking Inc. to supply and install parking guidance technology in the L Street Parking Garage. The system will monitor the number of parking spaces that are available in the garage. Attachment 1 shows the garage site plan.

Signs will display the number of parking spaces that are available on each of the four levels in the 452 parking-space garage. Services include adding information on the availability of parking in the L Street Garage to the existing "Livermore Parking" application that was developed by Frogparking for the Railroad Garage and I Street Garages. Five years of maintenance and software support are also covered in the agreement.

DISCUSSION
On January 30, 2018, the City Council approved the locations for open space, housing, parking and circulation systems, cultural facilities, commercial uses, and a hotel for the Downtown catalyst sites. The approved plan includes additional parking on the northwest side of the existing Livermore Valley Parking Garage located at I Street and Railroad Avenue (I Street Garage) and additional parking at the southwest corner of the Livermore Village Site. City Council directed staff to maintain the existing parking supply during all phases of downtown development and to provide adequate parking for all existing and new development. The new Livermore Village Parking Garage (L Street Garage) will help meet these 55 objectives.

The Planning Commission reviewed the project on August 21, 2018, and determined that it is consistent with the Livermore General Plan and related polices. On September 11, 2018, the City Council approved Downtown Design Review 18-006 for the project subject to the Conditions of Approval and directed staff to file the Notice of Determination.

The City moved forward with constructing the I Street Garage first while the final parcel of property was purchased for the L Street Garage. On February 22, 2021, the City Council awarded the construction contract for the I Street Garage. At this meeting, the City Council requested that a software application be developed showing the number of the available parking spaces in the garage. City staff researched which parking technology companies include a parking application as part of their services. Frogparking Inc. was the only parking technology company at the time that provided a parking application as part of their standard services. Frogparking Inc. was selected to supply and install parking technology in the I Street Parking Garage. The I Street Garage was completed in June 2022. The "Livermore Parking" application was developed by Frogparking Inc. and is available for the public to download. The application shows the number of available parking spaces in each section of the Railroad and I Street Parking Garages.

This application is new, still being enhanced, and based on the download numbers is not widely used by the public at this time. Staff will increase outreach regarding the application to the community in the coming months as well as developing satisfaction surveys for users.

City Council awarded the L Street Garage construction contract on November 28, 2022. Construction is scheduled to begin in Spring 2023 and be completed by Fall 2024.

This agreement with Frogparking in the amount of $295,384 will authorize Frogparking to install a parking technology system in the L Street Garage. The system will monitor each parking space and determine whether it is available or occupied. At the entrance to the garage off of Veterans Way, a sign will display the number of spaces available on all four levels of the garage. Signs will also be installed at each fork in the drive aisle displaying available parking in each direction. Information from the L Street Garage will be added to the existing "Livermore Parking" parking application which can be downloaded by the public. Upon completion of the L Street Garage, the application will provide real time information for all of the 1,218 parking spaces in the three downtown garages: Railroad, I Street, and L Street. In the future, this real time parking information system can be expanded to include on-street parking. Five years of maintenance are included in the agreement for the parking technology system in the L Street Garage. Five years of software subscription and application support are also included in the agreement.

FISCAL AND ADMINISTRATIVE IMPACTS

On September 12, 2022, the City Council approved the issuance of up to $47 million in bonds (2022 COP Debt Construction Fund 320) for the L Street Parking Garage construction, Project 586003, and some other associated downtown projects. Based on the construction bids received, the total amount of the bonds will be $41,060,000. Council approved the following fiscal year expenditures from Fund 320 for the L Street Garage Project when the construction contract was awarded on November 28, 2022:
$11.7 Million in Fiscal Year 2022-23 and $26.7 Million in Fiscal Year 2023-24. The current budget allocation is sufficient to cover the cost of this professional services agreement, and all other project costs including Phase 1 construction of the parking lot and trash enclosure, Phase 2 construction of the garage, change order allowances, design, inspection, materials testing, construction management, project management, and building permit fees.
56 Five years of maintenance, software subscription, and application support are included in the agreement.

The ongoing cost for these items is currently $12,770 per year. This cost will be funded from the operating budget with Facilities Rehabilitation Program Fees (Fund 740).

COMMUNITY PILLAR

4: Inclusive & Inviting Spaces & Places

5. A City That works

GOAL

Pillar 4, Goal 3: Continue to implement the Downtown Specific Plan Pillar 5 Goal 11: Modernize key business systems and processes to increase efficiency and improve transparency

GUIDING DOCUMENT

Downtown Specific Plan

ATTACHMENTS

1. Site Plan

2. Resolution

3. Exhibit A - Agreement with Frogparking Inc.

Prepared by: Joel Waxdeck
Assistant City Engineer

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH FROGPARKING, INC., IN AN AMOUNT NOT-TO-EXCEED $295,384, TO SUPPLY AND INSTALL PARKING GUIDANCE TECHNOLOGY IN THE L

STREET GARAGE
(Livermore Village Parking Garage Construction, Project No.586003) The Livermore Village Parking Garage (L Street Garage) Construction Project involves constructing a garage and associated site improvements at the southwest corner of the Livermore Village site. The Engineering Division requires a company to supply and install parking guidance technology in the L Street Parking Garage. This Professional Services Agreement with Frogparking, Inc., in an amount not-to-exceed $295,384, covers this required work.

The system will monitor whether each of the 452 spaces in the garage are occupied. Signs will display the amount of available spaces on each of the four levels in the garage. Services also include adding information on the availability of parking in the L Street Garage to the existing "Livermore Parking" application that was developed by Frogparking for the Railroad Garage and I Street Garages. Five years of maintenance and software support are also covered in the agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that the City Manager is authorized to execute a Professional Services Agreement with Frogparking, Inc., attached hereto as Exhibit A, in an amount not-to-exceed $295,384, to supply and install parking guidance technology in the L Street Parking Garage as part of the Livermore Village Parking Garage (L Street Garage) Construction Project 586003.

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on April 10, 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 Frogparking, Inc.
59 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 Frogparking Inc. (“Consultant”), an incorporated company registered in the state of Delaware.

RECITALS
City requires professional services to supply and instal l parking guidance technology in the L Street Parking Garage as part of L ivermore Village Parking Garage Construction Project 586003.

Consultant warrants it possesses the distinct professiona l skills, qualifications, experience, and resources necessary to 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 h ereby agree that the aforementioned recitals are true and correct and further agree as follows:

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”):

Supply and install parking guidance technology in the L Street Parking Garage as part of Livermore Village Parking Garage Construction Project 586003.

4. Consultant’s Responsibilities. Consultant 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: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
60 Professional Services Agreement Page 2
Rev. 09.2021
(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 Edward Reyes (“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 paymen t requested. Consultant shall not submit an invoice to City more frequently than once a calendar month;

(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 compensation 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 pre vailing wages. If applicable, Consultant shall comply 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 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: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
61 Professional Services Agreement Page 3
Rev. 09.2021
(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 $ 295,384 ("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 February 14 , 20 23, and terminates upon the completion of the Services or December 31, 2029, 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.

9. 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 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.

10. 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.

DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
62 Professional Services Agreement Page 4
Rev. 09.2021

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, e xpenses, 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).

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.

13. 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.

14. 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.

EXHIBIT A
63 Professional Services Agreement Page 5
Rev. 09.2021
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.

16. 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.

17. 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.

18. No Assignment. Consultant 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 Consultant 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 Consultant 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 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 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.

TO CITY: Attention: City Engineer
Cc: Project Manager
1052 S Livermore Avenue
Livermore, California 94550
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
64 Professional Services Agreement Page 6
Rev. 09.2021
Frogparking Inc
9273 Research Drive
Irvine, California 92618

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.

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

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
TO CONSULTANT: Attention: Martyn Brewer
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
65 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: Martyn Brewer
Title: Vice President USA
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: 05212049-91F9-42AB-89D5-B4FBCCD77668 Matt Robertson
CFO
1/23/2023 | 5:08 PM PST

EXHIBIT A
66 Exhibit A
Scope of Services
Parking Guidance Technology
Livermore Village Parking Garage Construction
Project 586003

Frogparking Scope of Work

1. Frogparking will supply 101 required indoor Frogparking Dropper LIDAR fixtures which hold the LIDAR laser sensors aimed at each indoor parking stall

2. Frogparking will provide for each Dropper LIDAR fixtures the required 2 Wago electrical connectors and two ¾ inch screws which mount the Dropper fixture to a precast 4s hexagonal junction box in the ceiling

3. Frogparking will provide 116 hybrid recessed mounted sensors

4. Frogparking will scan the deck through a third party to identify locations for any rebar or PT cable

5. Froparking will core drill through a third party to drill a 3 ½ inch diameter hole to the depth of 1 inch to recess mount the sensors as per the specifications for this sensor

6. Frogparking will supply 10 required 120vac /48vdc UL Power Supplies to be connected to 120vac single phase power at the 10 12x12 large Junction boxes

7. Frogparking will provide and install 6 Frogparking indoor gateways. These gateways will be affixed to the large 12x12 junction boxes at the 120vac locations and connected to the 48dc power supply

8. Frogparking will supply 3 Frogparking Solar powered outdoor gateways on the roof.

9. Frogparking will install Solar powered GPRS Gateways on existing customer owned light poles. Generally, the Gateways are installed 8 to 12 feet above ground, depending on local conditions. Generally, the Gateways are positioned to face south, west, or east depending on the site conditions

10. Frogparking will install data SIM cards into 8 gateways

11. Frogparking will supply and install 7 indoor K2 Channel signs as located on drawings Indoor K2 Channel signs are mounted with Hilti fasteners ¾ inch into the concrete ceiling and then suspended with threaded rod, so that the bottom of the sign is ½ inch above the lowest portion of the nearest concrete beam

12. Frogparking will supply and install 1 Monument sign which bolt to the ground at the entry to DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
67 the parking garage

13. Frogparking will test and Commission the entire system

14. All required transportation of Frogparking hardware from our Irvine warehouse to City of Livermore construction site. Frogparking will not store any equipment on site.

15. Frogparking will obtain a local City Business License

16. Frogparking will program each Frogparking sensor using GPS coordinates.

17. Frogparking will set up the Frogparking Microsoft Azure web services site, customize the Frogparking dashboards and APP

18. Frogparking will set up Web access to customer Parking Administrators and Parking managers, and perform 4 hours of software training

19. Frogparking will remotely monitor the system for accuracy and create and email monthly reports

20. Annual software subscription for 5 years after system start-up

21. Annual data SIM connection for 5 years after system start-up

22. Maintenance & Service for 5 years after system start-up

City Contractor’s Electrician - Scope of Work Required

1. Electrician will install 101 4s hexagon boxes and minimum ¾ inch conduit precast into the ceiling to each of the dropper locations marked on the drawings

2. Electrician will install 7 4s hexagon boxes and minimum ¾ inch conduit precast into the ceiling to each K2 channel sign location marked on the map

3. Electrician will install 120vac to the monument sign located outside of the garage

4. Electrician will install 10 12x12x4 junction boxes at each 120vac to 48dc location marked on the map

5. Electrician will install an isolator switch at each 120vac junction box location marked on the map

6. Electrician will install, pull and loop through each 4s box UL listed 2 conductor 16/2 stranded wire for 48dc low voltage from the 120vac junction box locations including channel signage locations

7. Electrician will install 10 required 120vac /48vdc UL Power Supplies to be connected to 120vac single phase power at the larger Junction boxes
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
68 Pricing and
Mark-ups for
L Street
Garage
2 DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
69 Markups
Carpark: Livermore
Date: 13th October, 2022, 2022
Reference: Level 1
* Project estimation only - Based on a typical parking structure. Pricing may change due to unknown/unforseen site speci/f_ic factors. // Quantities assume there are no concrete walls obstructing line of site from gateways to all hardware. * This markup assumes ceiling and beam height is suitable to allow direct line of site between dropper chandelier and parking space; Site walk & Frogparking approval necessary. 1 2

BICYCLE PARKING
PATIO
*
*
*
*
*
*
*
8'-6" 8'-6"

MONUMENT SIGN
4 Standard Dropper (21)
EV Dropper (7)
ADA Dropper (7)
Sensors (93)
Gateways (2)
Power (4)
Outdoor Gateway (1)
K2 Plus Monument (1)
K2 Channel (4)
38 19
25 25

CONCRETE FOOTING
CL
46 L2
L1
EV
L4
L3
123
UPPER
LEVELSFULLLEVEL 1
123
UPPER
LEVELS
FULLLEVEL 1
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
70 Markups
Carpark: Livermore
Date: 13th October, 2022, 2022
Reference: Level 2
* Project estimation only - Based on a typical parking structure. Pricing may change due to unknown/unforseen site speci/f_ic factors. // Quantities assume there are no concrete walls obstructing line of site from gateways to all hardware. * This markup assumes ceiling and beam height is suitable to allow direct line of site between dropper chandelier and parking space; Site walk & Frogparking approval necessary.

Standard Dropper (27)
EV Dropper (4)
Sensors (122)
Gateways (2)
Power (3)
K2 Channel (2)
123LEVEL 4FULLLEVEL 3
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
71 Markups
Carpark: Livermore
Date: 13th October, 2022, 2022
Reference: Level 3
* Project estimation only - Based on a typical parking structure. Pricing may change due to unknown/unforseen site speci/f_ic factors. // Quantities assume there are no concrete walls obstructing line of site from gateways to all hardware. * This markup assumes ceiling and beam height is suitable to allow direct line of site between dropper chandelier and parking space; Site walk & Frogparking approval necessary. 123LEVEL 4
Standard Dropper (27)
EV Dropper (4)
Sensors (123)
Gateways (2)
Power (3)
K2 Channel (1)
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
72 Markups
Carpark: Livermore
Date: 13th October, 2022, 2022
Reference: Rooftop
* Project estimation only - Based on a typical parking structure. Pricing may change due to unknown/unforseen site speci/f_ic factors. // Quantities assume there are no concrete walls obstructing line of site from gateways to all hardware. * This markup assumes ceiling and beam height is suitable to allow direct line of site between dropper chandelier and parking space; Site walk & Frogparking approval necessary.

EDEN
24 EDEN
25 EDEN
26 27

EDEN EDEN
28 EDEN
29 EDEN
1 EDEN
2 EDEN
3 EDEN
4 EDEN
5 EDEN
6 EDEN
7 EDEN
8 EDEN
9 EDEN
10 EDEN
21 EDEN
22 EDEN
23 EDEN
20 EDEN
19 EDEN
18 EDEN
11 EDEN
12 EDEN
13EDEN
14 EDEN
15 EDEN
16 EDEN
17 Outdoor Sensor (116)
Outdoor Gateways (2)
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
73 Face A
Dimensioned view Dimensioned viewPreview Dimensioned ViewSide View Sign Designs
Parking Lot: Livermore
Date: 13th October, 2022
Sign: K2 Monument Plus
Quantity: x1

6.18”
2”

CONCRETE FOOTING
16”
Side strip:

No colour
Customer:

INITIAL
Frogparking:DURALLOY SOLID APPLIANCE WHITE MATT 9151274M Powdercoating Outdoor vinyls
Sign body:

Letters/Numbers Font type:

Signage Speciﬁcation:

Height: 1.26inch | Diameter: 2.64inch
Halvetica Bold
Antennae
38 19
25 25

TEXT CENTERED

71.1inch

29.45inch

CONCRETE FOOTING
CL

0.6Inch 0.6Inch
EQEQ
46 CONCRETE FOOTING
CL
CL
CL
Reﬂective
Vinyls
CL
CL
L4
L3
L2
L1
EV
38 19
25 25

CONCRETE FOOTING
CL
46 L2
L1
EV
L4
L3
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
74 L Street Garage - Full GuidanceOpportunity Name
First Year Project CostQuote Name
31/12/2022Expiration Date
8/11/2022Created Date
1052 South Livermore Avenue
Livermore CA 94550
United States
Billing Address
Livermore, City ofAccount Name
Product Quantity Sales Price Discount Total Price
Indoor Guidance - Laser Dropper Assembly - 1 sensor configuration 5.00 USD 353 15.00% USD 1,500 Indoor Guidance - Laser Dropper Assembly - 2 sensor configuration 26.00 USD 438 15.00% USD 9,680 Indoor Guidance - Laser Dropper Assembly - 3 sensor configuration 32.00 USD 522 15.00% USD 14,198 Indoor Guidance - Laser Dropper Assembly - 4 sensor configuration 3.00 USD 607 15.00% USD 1,548 Indoor Guidance - Laser Dropper Assembly - 5 sensor configuration 13.00 USD 692 15.00% USD 7,647 Indoor Guidance - Laser Dropper Assembly - 6 sensor configuration 18.00 USD 777 15.00% USD 11,888 115 V Power Supply 10.00 USD 98 USD 980
Gateway - GPRS DC (4G) Nth. America/APAC 6.00 USD 1,588 15.00% USD 8,099 Outdoor Guidance - Frog - Hybrid - Recess Mount - Nth. America/APAC 116.00 USD 207 15.00% USD 20,410 Gateway - GPRS Solar (4G) - White - Nth. America/APAC 3.00 USD 1,588 15.00% USD 4,049 Sign - Channel - K2 - Single Module (DC-Input) - Nth. America/APAC 7.00 USD 1,999 15.00% USD 11,894 Sign - Monument - K2+ 5/0 (Freestanding, AC-input) - Nth. America/APAC 1.00 USD 11,839 15.00% USD 10,063 Vandal Cover for K2 LED 12.00 USD 188 USD 2,256
Complete Shop Drawings; including as built 1.00 USD 5,448 USD 5,448 Services - Project Management, Installation, Testing and Commissioning 1.00 USD 115,985 USD 115,985 3/31/2023
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
75 USD 244,304Grand Total
USD 10,682Tax
USD 233,622Total Price
Software - First Year Annual Software Subscription 454.00 USD 14 USD 6,356 Software - First Year Annual Data SIM Connection 9.00 USD 180 USD 1,620 Terms and Conditions of Sale
Payment Terms:
- 30% on PO, 30% prior to shipping, 30% on goods delivered to site, 10% within 7 day of commissioning 12 months warranty on faulty material and workmanship included on all hardware, including service and maintenance for 12 months. Post 12 month warranty period an annual service & maintenance subscription will commence at the rate quoted.

Customer to provide:
- One standard 110-230V AC power connector (hot point) in a weatherproof electrical junction box for each mains powered gateway (indoors) and each LED display module
- Traffic Management Plan if required
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
76 Terms and Conditions of Sale
Payment Terms:
- Annual subscriptions will be payable annually in advance Grand Total USD 51,080
USD 0Tax
USD 51,080Total Price
L Street Garage - Full GuidanceOpportunity Name
Quote Name
Expiration Date
9/13/2022
31/12/2022
Annual Subscriptions and Maintenance
Created Date
1052 South Livermore Avenue
Livermore, CA 94550
United States
Billing Address
Livermore, City ofAccount Name
Product Quantity Sales Price Total Price
Software - Annual Software Subscription 4.00 USD 6,356 USD 25,424 Software - Annual Data SIM Connection 4.00 USD 1,620 USD 6,480 Maintenance & Service - Program, Gold 4.00 USD 4,794 USD 19,176 3/31/2023
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
77 frogparking.comFrogparking Limited, Frogparking Inc, Frogparking PTY Limited, Proprietary and Conﬁdential We maintain
for you
Choose the plan to suit your needs.

Silver, Gold or Platinum maintenance plans.

Hardware
Replacement
Silver Gold Platinum
Monthly
maintenance
reports
Quarterly site visits from
a Frogparking technician
Labor associated with
replacements / Service
Adhoc
site visit
• Database up-time, Technician
site visits, Remote system
maintenance checks & more
Including:
• Equipment, materials, & parts
• Exception exclusion
Your quote
• Beginning year 2 onwards
• Charged annually
$4,434
/per year
$4,794
/per year
$10,249
/per year
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
78 Included in
this proposal.
4 DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
79 Indoor Guidance
Dropper Chandelier
frogparking.comFrogparking Limited, Frogparking Inc, Frogparking PTY Limited, Proprietary and Conﬁdential • Mounting Mounted to Kwikon SMB/SMBH-10/15/20
junction box. Embedded in concrete slab
• Unit Dimensions 9.45 (Diameter) x 3.94 inch
• Dropper Length Adjustable / Ceiling height dependant • Enclosure High impact, UV resistant, UL rated plastic • Detection Class 1 (eye safe), laser sensor
• Circuitry Lead free circuit board with
RoHS-standard components
• Operating Temp -4 to 176 °F
• Conﬁguration Wireless, web based
Tech specs | Imperial
Frogparking's roof-
mounted indoor
guidance chandelier
dropper is designed
for newly-built
structures to reduce
visual impact by the
guidance system.

DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
80 3.94 inch
Length to be determined on site
(pipe cut and threaded on site)
Kwikon SMB/SMBH-10/15/20
Embedded in concrete slab
3/4 inch Threaded Both ends
Galvanized Pipe. Cut to
suitable length on site
To house 1 cable (Low voltage DC Supply
from concrete slap to Dropper Housing)
Seismic Hanger
Ward Cast Iron
3/4” Floor Flange to
adapt pipe to dropper housing
Bi Directional
Guidance Light

9.45 inch
Occupancy Sensor
(up to 6 per Dropper)
Indoor Guidance
Dropper Chandelier
frogparking.comFrogparking Limited, Frogparking Inc, Frogparking PTY Limited, Proprietary and Conﬁdential DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
81 frogparking.comFrogparking Limited, Frogparking Inc, Frogparking PTY Limited, Proprietary and Conﬁdential Indoor Guidance
Solution
Power rail
trunking
Conceals low voltage DC
cabling and cables from each
LiDAR to the guidance lightsInvisible
laser beam
Our eye safe LiDAR sensor
is able to detect the presence
of a vehicle in the parking space
LiDAR
sensor
One LiDAR sensor per parking
space. Mounted on ‘power rail’
in the center of the parking aisle
Full color, ultra bright LEDs.

Can service up to 6 LiDAR
sensors displays green
when 1 or more spaces
are vacant and red when
all are occupied
Guidance
light
frogparking.comFrogparking Limited, Frogparking Inc, Frogparking PTY Limited, Proprietary and Conﬁdential Indoor Guidance
Solution
Power rail
trunking
Conceals low voltage DC
cabling and cables from each
LiDAR to the guidance lightsInvisible
laser beam
Our eye safe LiDAR sensor
is able to detect the presence
of a vehicle in the parking space
LiDAR
sensor
One LiDAR sensor per parking
space. Mounted on ‘power rail’
in the center of the parking aisle
Full color, ultra bright LEDs.

Can service up to 6 LiDAR
sensors displays green
when 1 or more spaces
are vacant and red when
all are occupied
Guidance
light
Frogparking’s indoor guidance solution integrated with existing LED lighting at the Irvine Spectrum Center
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
82 frogparking.comFrogparking Limited, Frogparking Inc, Frogparking PTY Limited, Proprietary and Conﬁdential Indoor Guidance
Solution
Power rail
trunking
Conceals low voltage DC
cabling and cables from each
LiDAR to the guidance lightsInvisible
laser beam
Our eye safe LiDAR sensor
is able to detect the presence
of a vehicle in the parking space
LiDAR
sensor
One LiDAR sensor per parking
space. Mounted on ‘power rail’
in the center of the parking aisle
Full color, ultra bright LEDs.

Can service up to 6 LiDAR
sensors displays green
when 1 or more spaces
are vacant and red when
all are occupied
Guidance
light
Frogparking Chandelier dropper style Indoor Guidance solution DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
83 Frogparking’s outdoor
guidance system is the
ultimate outdoor tool to
improve motorists
experience at your
parking facility.
• Height Surface mount: 0.9 inch | Recessed: 0.2 inch • Diameter Surface mount: 5.7 inch | Recessed: 3.6 inch • Weight 7.1 ounce
• Enclosure High impact UV stablised PC
• Mounting base Fibre reinforced PC
• Wireless
Communications
• Circuitry
433 MHz, 866 MHz, 868 MHz,
915 MHz (region dependent)
Lead-free circuit board.
• Operating temp
• Mounting options
• Software updates
-4°F to 176°F
Sent wirelessly as required
Surface or recessed
Tech specs | Imperial
RoHS-standard components
frogparking.comFrogparking Limited, Frogparking Inc, Frogparking PTY Limited, Proprietary and Conﬁdential Rugged design, built to last
Designed to blend into street environment
Small & discreet
Guide motorists
from their home to
an available
parking space
Using state of the art sensors, variable
mes
sage signage, & a mobile app.

Remove the guess work and frustrations normally
involved in ﬁnding an available parking space at a
busy parking lot by installing one of Frogparking’s
small sensors in the center of each parking space,
with specially designed variable message signage
installed at key decision points in the parking lot
which display occupancy information for motorists to
make informed choices where to park.

Outdoor occupancy sensors, speciﬁcally designed for
busy outdoor parking assets, are installed around the
parking facility and gather occupancy data. Data is
transferred wirelessly to frogparking’s server using
solar-powered GPRS gateways.

From this cloud-based server, information can be
displayed to parking users on variable message
signage or a mobile application to assist users to
make an eﬃcient and informed decision about where
to park, signiﬁcantly reducing cruising time, improving traﬃc ﬂow, and reducing emissions from vehicles.

Outdoor Guidance
Solution
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
84 Mounts ﬂush
with road surface
Installed
in minutes
Integration
Can be integrated
with third party
hardware
Built to
stand the
test of time
Proven Accurate
Operating reliably
for over 8 years
on-street.

Unparalleled levels of
accuracy - multiple
detection methods
Requires 3 masonry screwbolts
Surface mount Recessed
Requires 3.6 inch x 0.7inch depth
to accommodate main body of
sensor. Sensor glued in place
frogparking.comFrogparking Limited, Frogparking Inc, Frogparking PTY Limited, Proprietary and Conﬁdential The
Advantages
Outdoor Guidance
Solution
Surface mount Recessed
Mounting Methods
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
85 Rugged design, built to last
Designed to blend into street environment
Small & discreet
• Diameter
• Height (installed)
• Weight
• Enclosure
• Detection
• Wireless
Communications
• Circuitry
• Operating temperature
• Software updates
• IP Rating
• Certiﬁcation

2.17 inch
0 inch

10.58 ounce
High impact, UV resistant polymer
3 axis magnetometer combined
with RRSI object detection
and optical detection
433MHz, 866MHz, 868MHz, 915MHz
(depending on region)
Lead-free circuit board with
RoHS-standard components
-22˚F to 176˚F
Sent wirelessly as required
65 Tech specs | Imperial
frogparking.comFrogparking Limited, Frogparking Inc, Frogparking PTY Limited, Proprietary and Conﬁdential Frogparking’s outdoor
guidance system is the
ultimate outdoor tool to
improve motorists
experience at your
parking facility.

Guide motorists
from their home to
an available
parking space
Using state of the art sensors, variable
message signage, & a mobile app.

Remov
e the guess work and frustrations normally
involved in ﬁnding an available parking space at a
busy parking lot by installing one of Frogparking’s
small sensors in the center of each parking space,
with specially designed variable message signage
installed at key decision points in the parking lot
which display occupancy information for motorists to
make informed choices where to park.

Outdoor occupancy sensors, speciﬁcally designed for
busy outdoor parking assets, are installed around the
parking facility and gather occupancy data. Data is
transferred wirelessly to Frogparking’s server using
solar-powered GPRS gateways.

Fr
om this cloud-based server, information can be
displayed to parking users on variable message
signage or a mobile application to assist users to
make an eﬃcient and informed decision about where
to park, signiﬁcantly reducing cruising time, improving traﬃc ﬂow, and reducing emissions from vehicles.

Outdoor Guidance
Solution
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
86 Requires 2.56 inch x 3.46 inch depth hole to
accommodate main body of the sensor
Recessed
frogparking.comFrogparking Limited, Frogparking Inc, Frogparking PTY Limited, Proprietary and Conﬁdential Outdoor Guidance
Solution
Mounting Methods
Flush mount
Recessed sensor installed on street
Mounts ﬂush
with road surface
Installed
in minutes
Integration
Can be integrated
with third party
hardware
Built to
stand the
test of time
Proven Accurate
Operating reliably
for over 8 years
on-street.

Unparalleled levels of
accuracy - multiple
detection methods
The
Advantages
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
87 The Frogparking wireless gateway
is the middle-man between the
sensors & the server.
frogparking.comFrogparking Limited, Frogparking Inc, Frogparking PTY Limited, Proprietary and Conﬁdential Solar
Gateway
Wireless communication
Internet connectivity
Circuitry
Operating temperature
Software updates
Mounting
Power supply
Certiﬁcation
866MHz, 868MHz,
915MHz (depending on region)
4G (5G enabled)
Lead-free circuit board with
RoHS-standard components
Sent wirelessly as required
Solar
1 x bandit strap
Tech specs | Imperial
For outdoor use
Solar GPRS
with lithium iron phosphate battery
Designed to blend into the
environment well, keeping
visual clutter to a minimum.
-4˚F to 176˚F
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
88 Make parking a breeze
frogparking.comFrogparking Limited, Frogparking Inc, Frogparking PTY Limited, Proprietary and Conﬁdential Signage
K2 Plus Monument
K2 Channels
Backlit
Wireless
communication
Reduce unnecessary
cables and wiring
Have it
your way
Any size
Any font
Any color
Connect with
your customers
Live occupancy helpfully
displayed at entries, exits, & at the
end of aisles to guide people directly
to an available parking space
Built especially
for you
Designed and
manufactured
in-house speciﬁcally
for your needs
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
89 Live guidance
frogparking.comFrogparking Limited, Frogparking Inc, Frogparking PTY Limited, Proprietary and Conﬁdential Signage
K1 MonumentK1 Pole Mounted Monument
K2 LED Panel
Integrated with existing housing
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
90 frogparking.comFrogparking Limited, Frogparking Inc, Frogparking PTY Limited, Proprietary and Conﬁdential Signage
Gantry Sign with K2 LED Inserts
K2 LED Stand-Alone
K2 Monument Wall Mounted
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
91 k2 LED display
Single line. 4 digit display.
frogparking.comFrogparking Limited, Frogparking Inc, Frogparking PTY Limited, Proprietary and Conﬁdential Signage
All 3 above LEDs can
display either single
line or double line
k1 LED display
Single line. 2 digit display.

Our Signs
Available
Spaces
5 4
3 2
1 1234
1234
1234
1234
1234
Monuments
Ideal for
entries & exits
Plus Size
Monument
- K1 or K2
- Up to 6LED
Pictured: K2 5LED
Standard
Monument
- K1 or K2
- Up to 4LED
Pictured: K1 4LED
Horizontal
Channels
Perfect for end of aisle
Channels - K1, K2 or K3; 1LED. Pictured: 2x K2 Channels side by side k3 LED display
Single line. 6 digit display.
k2 LED display
Double line.

Up to 8 characters can display per line.

Our LEDs
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
92 Your data, your way
Data-driven decisions
Easy to use live
dashboards, historical
reports, & heat maps at
the click of a button.

Give insights which drive
your business growth
and change the way you
think about parking.

Help manage your
parking facility using
accurate data.

Drive business
growth with
data from your
parking facility.

Eliminate threats &
downtime. SSL encryption
& storage across multiple
cloud-based server.

Cloud-based means
your valuable space
isn’t ﬁlled with
on-site servers.

Understand
your customers
behaviors & trends
Data-driven
business
Your data
Your way
Slice & dice your data
however you want.

Software that gives you
actionable intelligence.

The highest
level of data
security
Remove
clunky on-site
server rooms
frogparking.comFrogparking Limited, Frogparking Inc, Frogparking PTY Limited, Proprietary and Conﬁdential Unlock a world of
customer behavior &
trends about how
visitors are interacting
with your
parking facility.

Reporting
& Analytics
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
93 Beautiful Software.

Create actionable intelligence from your entire
parking platform with Frogparking's cloud-based
reporting software.
frogparking.comFrogparking Limited, Frogparking Inc, Frogparking PTY Limited, Proprietary and Conﬁdential Occupancy
The occupancy report shows a total count of people parking in the facility. Total occupancies in this time & date scale are shown on the right and by graph, sorted into dates, along with an average of new occupancies.

The utilization report shows the percentage of parking time used, versus the total available minutes of a parking space.

Duration Accurately shows how many vehicles parked for each time bracket.

Utilization
TurnoverShowing the average number of times each selected space has had a vehicle transition.

Reporting
& Analytics
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
94 Additional cost
Not included/
Fixed fee
Upfront.

Flexibility
Fee
Customer
Support Costs
Zero upfront setup cost
Spread the cost over the term of the system.

On
Site
Server
Software
as a
service
Subscription
Diﬃcult & costly to scale
Hardware-based (locally hosted)
• No redundancy; Server failure = system failure
Wireless
• Secure networks, SSL encryption
• No civils (trenching), cabling,
or network switches
No onsite physical server required
• No server rack or IT room required
• Need more data storage?
Easily add data space to the cloud
Light & Easy to scale
• Expensive hardware replacementsNo hardware on site
Not included
Technician call out required
Remote Servicing Only
Included
Light Intensive
Adhoc customer report &
development dialogue
Server Maintenance
Technician Requirement
Hardware Solution
• Can lead to lengthy down time
• Remote monitoring not possible.
• 24/7 remote monitoring by
a Frogparking technician
frogparking.comFrogparking Limited, Frogparking Inc, Frogparking PTY Limited, Proprietary and Conﬁdential Beneﬁts of a
SaaS System
Cloud-based solution
• Redundancy in the cloud
Keeping your
site with the
latest & greatest
possible
- Software updates,
tuning & patches
Networks Hardwired
• Switches, managed networks requiring site IT
• Network cabling, Fiber and Cat6
• Trenching, Civils & Cable pathways to server racks
req.

Physical Servers and PC’s
• Location & rack required
• Scaling up sometimes requires hardware upgrade
to increase strength and capacity.

Included in subscription
Security
patches
Virus
Protection
Latest industry data hosting
Updates to software
Software Maintenance & Tuning
Services/
Tuning
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
95 Following installation & commissioning,
Frogparking will work together with y
our team to
review the solution and ensure it meets all
requirements. We will perform acceptance and
reliability tests and provide a report on our ﬁndings.
following this, a sign oﬀ and handover will occur.

Review
Equipment and Frogparking
installation crew arrives on-site to install your new
parking guidance system. W
orking to the plan
developed earlier, our team will send progress
reports at the end of deﬁned points in the
schedule. Our system is a low impact installation.

To ensure normal, day to day operations are able
to continue during the project, our preference is to
complete works overnight. Once hardware is
installed, our team will commission & tune the
system for optimum performance. Our team will
also provide training.

Your system is now installed &
performing optimally. Our team will continue to
observe & ensure all technology is continuing to
perform to our high standards. If applicable, our
maintenance technicians will make regular visits
& our remote team will assist with issues that
may arise during operations.
1 During the design phase, Frogparking’s
team works with you to ﬁnalize all the details of
your new parking guidanc
e system. You will meet
your very own Frogparking Project Managers, who
will make a time for a phone or video conference to
kick everything oﬀ - the ﬁrst of many regular update
meetings. This is the time we conﬁrm any
customization and ﬁnalize signage requirements.

We’ll also start making arrangements for when we
can be on-site to install the equipment.

Design
Once all details are ﬁnalized and signed
oﬀ, Frogparking will produce and package required
equipment. During this production phase, we will
also ﬁnalize plans for the installation with you. Your
Frogparking Project Manager will make contact with a
technical person on your team to ﬁnali
ze technical
details of the installation. Y
our project manager will
also plan a timeline for the entire project before
beginning work, to ensure the job can be c
ompleted
as quickly and eﬃciently as possible. Equipment is
shipped once produced.

Order & plan
Installation
Operate
After this proposal is accepted,
Frogparking’s super team of
project managers take over.
2 4
On
going
3 To ensure that our work is accurate,
clear, & completed in the most eﬃcient
way our project management will
include the following:
frogparking.comFrogparking Limited, Frogparking Inc, Frogparking PTY Limited, Proprietary and Conﬁdential Project
Management
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
96 Maintenance made
easy for you.

Included:

Excluded:

Remote
monitoring
A technician
on site within
agreed SLAs
Regular
email system
diagnostic reports
First response
support
Battery
replacement
if necessary
Replacement
of failed
sensors
Routine/
preventative
maintenance
• Normal wear and tear - bumps & scratches
• Parking resurfacing or modiﬁcations
• Damage or modiﬁcations to hardware by unauthorized person •Vandalism • Natural disaster
frogparking.comFrogparking Limited, Frogparking Inc, Frogparking PTY Limited, Proprietary and Conﬁdential We maintain
for you
If something goes
wrong, we ﬁx it.

No expensive
surprises.

Everything just works
as it’s supposed to and
you’ll have the beneﬁt
of cost certainty for
your business
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
97 Monthly Maintenance
Summaries, direct
to your inbox.

We maintain
for you
frogparking.comFrogparking Limited, Frogparking Inc, Frogparking PTY Limited, Proprietary and Conﬁdential DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
98 Our team works with
you to make sure your
platform is well
supported, optimized
and performing to its
maximum potential.

All the system
support you need.

Support to optimize
your parking
platform. Any time
you need it.

Top-tier
knowledge
Easy to
get hold of
Promptness FriendlyFirst call
resolution
System Support
frogparking.comfrogparking.comFrogparking Limited, Frogparking Inc, Frogparking PTY Limited, Proprietary and Conﬁdential DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
99 3
Exhibit A.

Expectations &
Terms of Work.
5 DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
100

Page 1 ends

A. HARDWARE SUPPLY

1. PRODUCTS SUPPLIED & QUANTITIES

1.1. All products supplied will conform to Frogparking’s standard product speciﬁca�ons and technical data sheets.

1.2. Details and speciﬁca�ons of any products customised to meet customer speciﬁc requirements will be provided separately with the qu ota�on.

1.3. Quan��es quoted and supplied are assessed from site layouts and other informa�on provided by the customer. Site plans are overlaid showing the loca�on of components required for the opera�on of the complete system.

1.4. Any variance to quoted quan��es and/or installa �on costs will be submitted via a change order for approval and amendment to the contract

2. LEAD TIME

2.1. Frogparking’s standard lead �me to ship product is 8 -12 weeks from receipt of purchase order. Shorter lead �mes may be possible by arrangement.

2.2. If signage is part of an order, the minimum lead-�me is six weeks from the date signage conﬁgura�on and graphics have been signed oﬀ b y the customer.

3. SHIPPING

3.1. Freight pricing is based on shipping all goods together in one shipment.

3.2. A forkli� may be required fo r unloading the pallets.

4. INSURANCE

4.1. All shipments are covered by Frogparking ’s Marine Cargo Insurance Polic y.

4.2. A�er delivery to site, all products are the customer’s responsibility to insure.

5. WARRANTY

5.1. The Frogparking standard product warranty is 12 months from comple�on of installa�on.

An extended warranty is available by arrangement.

Terms & Conditions

FOR PROJECT CONFIRMATION
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
101

Page 2 ends

5.1.1. Where Frogparking is responsible for supply and installa�on of the equipment, warranty will cove
r the hardware and replacement of the hardware if deemed faulty.

5.1.2. Where Frogparking provides hardware only and is not responsible for installa �on, warranty will only extend to the replacement hardware, not any costs associated with installa�
on of any replacement hardware supplied
B. INSTALLATION BY FROGPARKING

6. TECHNICAL SITE WALK

6.1. A site walks with the customer and Frogparking ’s installer may be required prior to installa�on of all sites.

6.2. The purpose of this site walk is to:
- meet with the customer, customers agents, and relevant staﬀ - discuss with
the customer the quan ��es and loca�on of all components being installed - iden�fy any site-speciﬁc requirements – such as power and ethernet loca�ons - agree on site arrangements and project workﬂow

6.3. A�er the site walk, Frogparking may provide a report on all ﬁndings and if necessary, a revised quote.

6.4. As a standard, no in-person project management mee�ngs prior to installa� on are included, these can be done remotely.

7. ON SITE STORAGE

7.1. The customer must provide a suitable secure on-site covered storage are a for all products and installa�on equipment. This area must be lockable and accessible to Frogparking 24/7 for the dura
�on of the installa �on.

7.2. If the customer is unable to provide secure storage as per 7.1, then Frogparking will need to make alternate arrangements. This may include hire of a shipping container/s to be delivered and located on s ite for the purposes of se cure storage. If that is required, the customer will need to provide suitable access and space on site for the container for the dura�on of the installa�on.

Addi�onal charges will apply and this will be invoiced accordingly.

7.3. The customer must nominate a person onsite that can receive goods and accept delivery of the product.

Terms & Conditions

FOR PROJECT CONFIRMATION
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
102

Page 3 ends

7.4. For projects where the Frogparking equipment is being installed by t he customer or a contractor assigned by the customer, the customer is responsible for receiving and storing all product.

8. EQUIPMENT

8.1. For projects where Frogparking is performing the installa�on, Frogparking will provide all too ls and specialist equipment to complete the installa�on and commissioning.

8.2. If core drilling of the surface is required, Frogparking will work directly with the contractor to supervise and instruct these works.

8.3. Customer must provide any civil works if required, e.g power, Ethernet, curbing, trenching unless this has been allowed for in the quote

9. WORKING HOURS AND ACCESS

9.1. Standard working hours for installa�on and commissioning are Monday-Friday 9a.m. to 5p.m. excluding public holidays.

Where work needs to be undertaken outside of these hours, addi�onal charges may apply

9.2. Installa�on charges are calculated based on a minimum of 10 hours per day of uninterrupted access to contained areas of the site (minimum 400 bays at a � me) for Frogparking.

9.3. Any restric�ons to working hours or access w ill result in addi�onal charges that need to be authorized through a contract amendment

9.4. Areas being installed must be completely free of vehicles and fully accessible .

9.5. Frogparking will not be responsib le for traﬃc management, including preparing traﬃc management plans, direc�ng traﬃc, installing barriers or road cones and closing oﬀ parking lots.

10. ELECTRICAL SUPPLY REQUIREMENTS

10.1. Where the loca�on of each mains power connec�on (115/230VAC) is speciﬁed in the mark up , Frogparking requires a standard single phase 3-p in female socket to be installed prior to installa�on. If the equipment being installed is outdoors, this must be installed inside a cer�ﬁed weatherproof enclosure.

10.2. Frogparking uses its best endeavors to assess the loca �on and number of mains power connec�ons required. However, if addi�onal mains power connec�ons are required or loca�ons nee d to be moved the customer will need to make provision for this to happen.

10.3. Custome r to provide One standard 110-230V AC power c onnector (hot p oint) in a weatherproof electrical junc�on box for; (to be determined on site walk): 10.3.1. Each mains powered gateway(indoors)

Terms & Conditions

FOR PROJECT CONFIRMATION
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
103

Page 4 ends

10.3.2. Each LED display module

10.3.3. Each FrogOne monitored entry or exi t lane

11. X-RAY OR SCANNING OF SLAB

11.1. If the customer requires concrete sla b scanning or x-ray, the customer must arrange to have this completed at least one week prior to installa�on.

12. INSTALLATION DELAYS

12.1. When installa�on has already commenced, and the custome r delays the installa�on by more than 48 hours, an addi�onal charge will appl y, these will be authorized through a contract amendment

12.2. These delays may include, but are not limited to:
- Varia�ons to conﬁrmed speciﬁca�ons
- Civil works
that are required in areas where Frogparking needs access or infrastructure - Cer
�ﬁcates that the customer is reques�ng from Frogparking for any products or structures – addi�onal charges will be invoiced accordingly
- Engineering
design drawings, shop drawings, or other documenta�on that is outside of what Is normally provided – addi �onal charges will be invoiced accordingly - Delayed s
hipment or customs clearance of the product due to the customer payment or other - Delays in the customer
conﬁrming and signing oﬀ site speciﬁc details (for example: graphics for signage,
color speciﬁca�ons, project speciﬁc conﬁgura�ons, moun�ng detail etc.) - Missin
g or incomplete electrical work
- Removal of exis�ng signage that is obstruc�ng the installa�on - Data SIM cards (for GPRS gateways) not supplied by customer prior to installa� on - Incorrect APN details for data SIM cards at �me of installa �on - Non ac�vated data SIM cards at � me of installa �on
- Power not complete or available on �me to enable commissioning

13. COMMISSIONING

13.1. Following installa� on of all hardware, Frogparking will set up all system opera �ng parameters and commission the system.

Terms & Conditions

FOR PROJECT CONFIRMATION
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
104

Page 5 ends

13.2. Tes�ng and monitoring will take place both on and oﬀ site and typically can take up to fourteen days to complete.

13.3. The customer will be advised when commissioning has been completed.

14. HEALTH & SAFETY

14.1. Frogparking has a comprehensive Health and Safety Policy and requires all its employees and contractors to comply with this policy.

15. TRAINING

15.1. Frogparking will provide suﬃcient remote training to the customer’s designated employees to become
proﬁcient in the use of the system. Addi�onal training to be provided if new employees.

17. VEHICLE COUNTING SOLUTION (ACCURACY RESET/ZEROING/ADJUSTMENT)

17.1. This sec�on applies ON LY to proposals, project es� ma�ons, proposed equipment layouts, or quotes where Frogparking’s Vehicle/Zone Coun�ng Solu�on is proposed.

17.2. The Customer understands and accepts that, in order to ensure accuracy of informa �on displayed on Variable Message Signs or on Cloud-B ased Repor�ng So�ware, a physical count of vehicles located
in each zone managed by the Vehicle Coun�ng solu�on and reset, zeroing, or adjus�ng of counts is required to be carried out regularly (i.e a�er no more than 3 calendar days).

17.3. Reset to be conducted on supplied “Reset Mobile App” on The Customer’s Android smartphone/tablet device OR via The Customer's login to the Frogparking Cloud-Based Repor�
ng and Maintenance Portal (frogparking.com).

17.4. Explana�on:

17.4.1. Vehicle Coun �ng sensors receive a nightly maintenance health check, involving a server reset or zeroing.

17.4.2. If a vehicle remains parked in zone managed by Vehicle Coun�ng sensor (i.e overnight), and leaves the parking zone following the server reset (described in 16.2.1.) an inaccuracy in vehicle count may be experienced by an uncounted vehicle exi�ng the zone.

Terms & Conditions

FOR PROJECT CONFIRMATION
DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

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17.5. The Customer will provide a mains power outlet with a 3 -pin female weatherproof socket or a mains power outlet with a 3-pi n female socket inside a waterproof box to the loca�on of the Vehicle Coun�ng sensor, as marked in the proposed equipment layout supplied.

C. SYSTEM ACCEPTANCE TESTING
Depending on any other acceptance tes�ng provided by the customer, Frogparking will perform an opera�onal acceptance test at the comple�on of commissioning. Frogparking will record all the test data and provide the customer with a summary of system performance.

Acceptance crite
ria are as follows .

18. SENSOR
& GUIDANCE LIGHTS

18.1. All parks have sensors installed

18.2. All sensors are visible in Frogparking system

18.3. User is able to check state of sensor func�on is correct

18.4. Guidance lights change status based on occupancy

19. VMS SIGNS

19.1. Update and display correct count

19.2. Turn VMS signs on/oﬀ

20. DASHBOARD AND REPORTING SYSTEM

20.1. Ensure map displays correctly with approximate senso r loca�ons

20.2. Live u�liza�on by zone

20.3. Real �me occupancy report displays correct status of parking spaces

21. ENFORCEMENT

21.1. Live �ckets issued count is correct

21.2. Sensor status changes on infringing vehicles

21.3. Sensor status changes on �cketed vehicles

22. MAINTENANCE

22.1. Maintenance requests can be generated on website

Terms & Conditions

FOR PROJECT CONFIRMATION
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23. ENFORCEMENT APP

23.1. Enforcement oﬃcers receive 10 closest jobs to their current loca�on

23.2. Iden�ﬁes correctly which sensor has infringing vehicle D. SOFTWARE & ADDITIONAL MODULES

24. MOBILE APP

24.1. All parking spaces must be marked with individual iden�ﬁers ie. V12, V13, V14

24.2. Integra�on with payment terminals not included, unless speciﬁed.

24.3. Frogparking’s price includes:

24.3.1. Set up of Mobile app

24.3.2. Annual subscrip� ons, which covers: data hos� ng, so�ware upgrades and standard support hours of 100 hours annually. Any remote support needed above the allocated hours will be quoted with a contract amendment

25. MOBILE PAYMENT

25.1. If applicable, Frogparking w ill provide the customer with a mobile payment app that takes payment
for parking.

25.2. Merchant facility fees will be on charged to the customer

26. ENFORCEMENT MODULE

26.1. Android tablet devices and data plans must be supplied by the customer

26.2. All parking spaces must be marked with an individual iden�ﬁer ie. V12, V13, V14

26.3. Integra�on with payment terminals not included.

26.4. Frogparking’s price includes:

26.4.1. Set up of Enforcement Module

26.4.2. Annual subscrip�ons, which covers: dat a hos�ng, so�ware upgrades and standard support hours of 100 hours annually. Any remote support needed above the allocated
hours will be charged at the �me at $60/hour before support work is commenced.

27. PERMIT MODULE

27.1. All parking spaces must be marked with an individual iden�ﬁer ie. V12, V13, V14

Terms & Conditions

FOR PROJECT CONFIRMATION
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27.2. Integra�on with payment terminals not included.

27.3. Frogparking’s price includes:

27.3.1. Set up of Permit Module

27.3.2. Annual subscrip�ons, which covers: dat a hos�ng, so�ware upgrades and standard support hours of 100 hours annually. Any remote support needed above the allocated hours will be quoted and a change order issued.

28. REMOTE SERVICE AND SUPPORT

28.1. Any remote support needed above the allocated hours will be quoted and a change order issued.

29. FROGONE

29.1. Where Frogparking is responsible solely for the supply and install of a revenue control system with payment terminals, access control and parking guidance, management of the system will be covered by the customer. For example;

29.1.1. All Intercom calls and management will be the responsibility of the customer.

29.1.2. Frogparking will provide the so�ware and one oﬀ training to iden�fy any license plates that have been read incorrectly, the customer is to ensure they have suﬃcient resources to manage and correct these license plate in real �me.

29.1.3. Any staﬀ needed will be the responsibility of the customer

29.1.4. Frogparking can be called out to service equipment as per our Maintenance and
Service Agreement.

29.1.5. Merchant and Transac�ons fees billed monthly in arrears based oﬀ actual transac
�ons number.

29.2. The
customer will need to provide;

29.2.1. The supply and maintain Ethernet connec� ons for each monitore d entry and exit lane

29.2.2. Any cleaning requirements to be covered by the customer

29.2.3. Any staﬀ needed will be the responsibility of the customer

30. FROGONE MANAGEMENT

30.1. Where Frogparking is responsible solely for the supply and install of a revenue control system with payment terminals, access control, parking guidance and management of the system which will include;

30.1.1. Oﬀ-site remote management of all intercom calls

Terms & Conditions

FOR PROJECT CONFIRMATION
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Terms & Conditions

FOR PROJECT

CONFIRMA TION

30.1.2. Oﬀ-site remote management of license plate correc�ons

30.1.3. Frogparking can be called out to service equipment as per our Mainte nance and Service Agreement.

30.2. The customer will nee d to provide;

30.2.1. The hardware and so�ware for the CCTV footage, including any integra�on needed for FrogOne and
FrogOne Management

30.2.2. The supply and maintain Ethernet connec�ons for each monitored entry and exit lane

30.2.3. Any cleaning requirements to be covered by the customer

30.2.4. Any addi�onal on-site staﬀ needed will be the responsibility of the customer, alterna�vely Frogparking will on charged the customer if addi�onal on-site staﬀ are needed

30.3. Frogparking is only providing management when the FrogOne solu�on is rolled out.

Frogparking
will not be providing management of any other revenue control system

30.4. FrogOne Management has a minimum contract term of 5 years E. STANDARD PAYMENT TERMS

31. PAYMENT TERMS

31.1. Frogparking standard payment terms are as follows:
- 30% of total project value with purchase order
- 30% of total project value prior to shipping
- 30% of total project value when good delivered to site - 10% of total project value payable withing 7 days of
commissioning
- 100% so�ware and maintenance paid annually in adv ance.

DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
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DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668

EXHIBIT A
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EXHIBIT B

INSURANCE REQUIREMENTS

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

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

3. Workers’ Compensation and Employer's Liability:

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:

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional Revised 9/21/2015 B1 – 1M

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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.

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

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

Revised 9/21/2015 B1 – 1M

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DocuSign Envelope ID: 05212049-91F9-42AB-89D5-B4FBCCD77668 EXHIBIT A 112

CITY OF LIVERMORE

DETERMINATION OF CONFLICT OF INTEREST

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

Contract/Project Title.

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

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: 05212049-91F9-42AB-89D5-B4FBCCD77668 Supply and install parking guidance technology in L Street Parking Garage as part of Project 586003

$295,384 Professional Services Agreement
X
X
Frogparking Inc.
1/24/2023 | 8:31 AM PST

1/24/2023 | 9:13 AM PST

EXHIBIT A
113

CITY COUNCIL STAFF REPORT
ITEM NO. 5.4

DATE:

April 10, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing execution of an agreement with Shute, Mihaly, and Weinberger LLP to provide planning services and legal advice for Development Code amendments and objective design standards to implement new state housing laws and Livermore's Housing Element, in an amount not-to-exceed $245,640.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing execution of an agreement with Shute, Mihaly, and Weinberger LLP to provide planning services and legal advice for Development Code amendments and objective design standards to implement new state housing laws and Livermore's Housing Element. The term of the agreement is from May 1, 2023 to May 1, 2025, in an amount not-to- exceed $245,640.

SUMMARY
California is experiencing a significant shortage in the number of housing units needed to meet demand.

This shortage has resulted in housing costs that are unaffordable to millions of residents. The state legislature has attempted to alleviate the crisis by passing numerous state laws to encourage housing production.

The Livermore Development Code establishes local land use controls and implements the City's General Plan and various state laws. Given the new state laws, the Development Code requires updating. The City Council recently adopted Livermore’s Housing Element, which includes policies to update the Development Code in conformance with state law. In order to satisfy the requirements of new state housing law and to implement Housing Element Policy, City staff released a request for proposals for code updates and, after a competitive interview process, selected Shute, Mihaly, and Weinberger LLP for their experience and approach. Staff recommends the City Council adopt a resolution authorizing execution of a Professional Services Agreement with Shute, Mihaly, and Weinberger LLP to prepare the comprehensive Development Code update.

DISCUSSION
114
Background

CA Housing Crisis

The State of California has declared that the state is currently experiencing a housing crisis. Although a multifaceted issue with a range of causes and effects, a common impact experienced throughout the state is housing costs that exceed household incomes. For example, a 2019 CA Budget and Policy Center study reported that approximately seven million Californians live in poverty when including housing costs in household budgets. Further, Cal Matters reports that today the average CA home costs over seven times the median income of 24–34-year-old residents, up from three times the median income in 1970. In addition, the most recent US Department of Education and National Center for Homeless Education report showed approximately 250,000 California K-12 students experienced homelessness from 2019-2020.

Since 2020, the California State Legislature and Governor have together passed more than 90 new housing laws with the goal of responding to the state’s housing crisis. These laws largely establish new housing requirements on local jurisdictions, including new ministerial approval pathways for affordable housing, new density bonus allowances, new objective design requirements, changes to local zoning districts, changes to local parking standards, new accessory dwelling unit standards, and surplus property changes. The bills also require new documentation or analysis to be included in each local jurisdiction’s Housing Element. In many cases, municipalities must update their codes to remain compliant with the State's legislation.

Livermore Development Code

Livermore's Development Code is a comprehensive set of local laws that govern land use, development, and redevelopment in the City. The Development Code establishes Livermore's Zoning Map, development standards, and review procedures that identify where certain land uses are allowed, what standards are required, such as height and setback limitations, and describe how projects are permitted.

The Development Code also implements state land use, housing, and environmental laws at the local level and implements broad General Plan policy with specific development standards. Livermore’s current Development Code was last comprehensively updated in 2010, with limited specific updates over time to respond to changes in Council direction and changes in state law. However, with the multitude of new state housing laws, the current code requires updating.

Livermore Housing Element

On March 13, 2023, the City Council adopted Livermore’s 2023-2031 Housing Element. The Housing Element aims to increase housing production in Livermore by ensuring adequate sites are available for residential development. Further, the Housing Element responds to California’s required Regional Housing Needs Allocation (RHNA) process, by which the state requires regions to zone for a certain number of housing units, and establishes other local policies to further the production of market-rate and affordable housing. The Housing Element is consistent with the new state laws regarding documentation and analysis and contains policies to update Livermore’s Development Code to ensure compliance with all new state housing laws.

Request for Proposals

115
In order to respond to the state’s new housing laws and to implement recently adopted Housing Element policy, staff released a request for proposals seeking qualified planning and law consultants to comprehensively update Livermore’s Development Code to ensure consistency with the new laws and policies. Staff received four submittals and on January 4, 2023, and at the conclusion of a competitive interview process, selected Shute, Mihaly, and Weinberger LLP (the “Consultants”). The Consultants were selected based on their familiarity with the California legal and regulatory environment, their technical and legal expertise with writing local zoning ordinances, and their chosen professional team consisting of certified Planners and Attorneys.

Council Strategic Plan and General Plan Consistency

The proposed Professional Services Agreement (Agreement) implements the City Council’s Strategic Plan goals related to homelessness and affordable housing. The plan calls for expanding affordable housing opportunities and generally focuses on the diversity of affordable housing types. The Professional Services Agreement would facilitate a comprehensive update to Livermore’s Development Code that would codify new state housing laws, streamline the review process for affordable housing, and allow for additional housing opportunities in residential and commercial neighborhoods. The update also will add objective design standards to the Development Code to maintain minimum design standards while facilitating the streamlined development review mandated by the state.

The proposed Agreement is consistent with Livermore’s General Plan Housing Element. Specifically, the Agreement would facilitate the comprehensive Development Code update, which implements the following policies and programs:

Policy 1.3: Update the Development Code to simplify standards, expand opportunities for a greater variety of housing types, and maintain consistency with State law.

A: Continue to facilitate development of Accessory Dwelling Units (ADUs) by maintaining standards that are consistent with State law. This includes allowing ADUs in all zoning districts where single-family and multifamily residential dwellings are allowed.

D: Establish standards for smaller unit types, such as tiny homes and single room occupancies.

E: Establish standards consistent with Senate Bill 9 to allow ministerial two-unit residential developments and lot splits in single-family zones.

F: Establish Objective Design Standards to facilitate streamlined project permitting.

Policy 1.4: Reduce governmental constraints on housing development through permit streamlining, reasonable development fees, and transparent and accessible information.

A: Identify opportunities to streamline permitting processes, including ministerial approvals and electronic application submittals and review.

B: Establish standards to specify SB 35 and SB 330 streamlining approval processes and standards for eligible projects
Program 3.1.2 (A): Continue to ensure new residential projects are consistent with current State Density Bonus regulations and continue to encourage the use of both the State Density Bonus Program and the City’s density incentives for affordable and senior housing. In addition, update the local density bonus regulations as needed during the planning period for consistency with State Density Bonus law.

Program 3.4.3 (A): Update the Development Code to reduce barriers to transitional housing, supportive housing, low-barrier navigation centers, and emergency shelters consistent with State law (e.g., SB 2, AB 101).
116

The Development Code update would simplify standards, expand opportunities for a greater variety of housing types, and maintain consistency with state law, including ADU law, SB 9, objective design law, SB 35, SB 330, etc. Further, the update would clarify state processes at the local level, streamlining housing review. Finally, the update would consider revising review authority and the permitting process, reducing barriers to housing construction, consistent with Housing Element policy.

Scope of Work

City staff and the Consultants have met to develop a scope of work, budget, and schedule to accomplish the comprehensive Development Code update. The project is to begin on May 1, 2023, with a maximum two-year term. In addition to regular review and public hearing periods, the scope of work includes two primary subject categories, as described below. The scope of work with budget and timeline is also included as part of Exhibit A attached to the resolution.

Research and Investigation

The consultant will first conduct a legal review of all Livermore’s internal policies and standards, including the existing Development Code, General Plan, Housing Element, Design Standards and Guidelines, interim policy memos, etc. The review will help highlight existing document deficiencies and subjective standards and will identify which areas need to be updated to be consistent with state law. Next, the consultant will conduct a technical review and analysis of all new state housing laws, including SB 35, SB330, SB9, ADU law (AB 345, AB 3182, AB 68, AB 881, SB 13, AB 587, AB 670, and AB 671), and Density Bonus Law (government Code Sections 65915 – 65918). The consultant will prepare summaries detailing each law’s requirements and where the City has discretion to deviate from the law. Summary memos for City staff will be prepared for both the Livermore policy and state law reviews.

Drafting Code Language and Objective Design Standards

After analyzing all applicable Livermore and state standards, the Consultants will draft the Development Code text amendments and the objective design standards, which will likely be incorporated directly into the Development Code. Amendments to numerous parts of the code will be required, including Chapters 2 (General to All), 4 (General to Zones), 6 (Specific to Uses), 9 (Permits and Approvals), 10 (Subdivisions), and 11 (Definitions). Text amendments will include consistency with state laws in areas such as Accessory Dwelling Unit permitting, SB 9 permitting, Density Bonus allowance, ministerial approval of certain affordable projects, allowance of residential uses in commercial and office zones, parking reductions, etc. In addition, modifications to the code’s organization will be considered, grouping all housing laws into one code chapter for ease of use. Finally, the Consultants will draft new objective design standards that will address topics such as site planning, building massing, building frontages, entrances, exterior materials, landscaping, utilitarian/mechanical elements of building design, and be complementary to, and not replace, the existing 2004 Design Standards and Guidelines.

Feedback and Input

The update process will be iterative, including multiple staff check-ins, City Council briefings and public hearings. Staff also plans to include opportunities for public engagement and feedback throughout the process.
117

ENVIRONMENTAL DETERMINATION

Authorization to execute a professional services agreement is an administrative action, which does not qualify as a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378. Therefore, no environmental review is required. The environmental impacts, if any, of the text amendments and objective design standards will be evaluated as part of the comprehensive Development Code update project.

FISCAL AND ADMINISTRATIVE IMPACTS

Utilization of City staff time will be necessary to administer the consultant agreement, review draft documents, coordinate advisory groups, prepare briefings and study sessions, participate in public outreach, and support the project through completion. The Professional Services Agreement is for an amount not to exceed $245,640, with a contract term beginning May 1, 2023, and terminating upon completion of services or on May 1, 2025, whichever occurs first. The Planning Division’s budget includes sufficient funds to cover consultant contract costs for the remainder of this fiscal year (2022- 2023), and the next two fiscal years (2023-2024 and 2024-2025). The overall Development Code update will increase efficiency by codifying and simplifying numerous state laws into a single document, streamlining review procedure, establishing easy to follow objective design standards, and increasing legal clarity around each law.

CITYWIDE STRATEGI
C PLAN

Community Pillar

1: A Safe Community that Thrives

Goal

14: Update development standards, codes, and ordinances

Guiding Documents

General Plan and Development Code

ATTACHMENTS

1. Resolution

2. Exhibit A - Draft Agreement with Scope of Work

Prepared by: Jake Potter
Associate Planner

118
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
119
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SHUTE,

MIHALY, AND WEINBERGER LLPTO PROVIDE PLANNING SERVICES AND LEGAL

ADVICE FOR DEVELOPMENT CODE AMENDMENTS AND OBJECTIVE DESIGN STANDARDS TO IMPLEMENT NEW STATE HOUSING LAWS AND LIVERMORE’S HOUSING ELEMENT IN AN AMOUNT NOT TO EXCEED $245,640
Since 2020, the California State Legislature and Governor have together passed more than 90 new housing laws with the goal of responding to the state’s housing crisis.

On March 13, 2023, the City Council adopted Livermore’s 2023-2031 Housing Element, which contains policies to update Livermore’s Development Code to ensure compliance with new state housing laws.

The Community Development Department requires a consultant to provide legal advice and prepare Development Code Amendments and Objective Design Standards to implement new state housing laws and Livermore’s Housing Element.

On January 4, 2023, City staff selected Shute, Mihaly, and Weinberger LLP to prepare the Development Code Amendments and Objective Design Standards after a competitive interview process.

The proposed agreement with Shute, Mihaly, and Weinberger LLP allows for services to commence May 1, 2023, and terminate upon completion of services, or on May 1, 2025, whichever occurs first.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that the City Manager is authorized to execute the professional services agreement with Shute, Mihaly, and Weinberger LLP, attached hereto as Exhibit A, to provide legal advice and prepare Development Code Amendments and Objective Design Standards, in an amount not to exceed $245,640.

On motion of Council Member _______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on April 10, 2023, by the following vote:
120
RESOLUTION NO. ________
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 – Agreement with Shute, Mihaly, and Weinberger LLP 121
Professional Services Agreement
Rev. 09.2021

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PROFESSIONAL SERVICES AGREEMENT
TH
IS AGREEMENT is made and entered into this day of , 2023, by and between the City of Livermore (“City”), a municipal corporation, and Shute Mihaly & Weinberger LLP (“Consultant”), a California corporation.

RECI
TAL
S
City r
equires professional services to provide Planning Services and Legal advice for Development Amendments related to the New State housing laws and the creation of the new residential Objective Development Standards.

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

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

1. Re
tention as Cons ultant. 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. Rel
ationship of Parties – Inde pendent Contractors . The relationship of the parties shall be that of independent contractors. Consultant and its employees are not City officers or employees. Consultant is responsible for the supervision and management of its employees, including any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the delivery of the services contemplated by this Agreement.

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

The preparation of Development Code amendments to satisfy the requirements of new state housing laws, including new residential objective design standards.

4. Consultant’s Res ponsibilities. Consultant shall:
(a) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;
(b) P
rovide the resources necessary to complete the Services in a timely manner;
(c) O
btain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
DocuSign Envelope ID: F502E7A6-ACDD-44F8-AA06-F9F1B010B35F

EXHIBIT A
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Professional Services Agreement
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(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) C
oordinate the Services with Jake Potter, Associate Planner , and Turhan Sonmez, Associate Planner (“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 invoices 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 correction 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 compensation 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 comply 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 penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each DocuSign Envelope ID: F502E7A6-ACDD-44F8-AA06-F9F1B010B35F

EXHIBIT A
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Professional Services Agreement
Rev. 09.2021

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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) Consu
ltant’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.

The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $245,640 ("not-to-ex ceed 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. (a) City shal
l 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 May 1, 2023, and terminates upon the completion of the Services or May 1, 2025, 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, C
onsultant shall immediately stop all work in progress on the Services 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. 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 pr
operty and Consultant shall deliver them to City upon demand.

9. Copyright and
Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant s hall give City the copyright and all 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 ot
her party, except when expressly disclosed by Consultant to City and Consultant obtains a
license to such items for 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. Consultant shall not disclose any confidential or pr oprietary information r
eceived from City to anyone except Consultant’s employees who require DocuSign Envelope ID: F502E7A6-ACDD-44F8-AA06-F9F1B010B35F

EXHIBIT A
124
Professional Services Agreement
Rev. 09.2021

Page 4 ends

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. Def
ense, Indem nity, 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 caused by the negligent or wrongful acts of the Consultant in connection with the performance of the Services under 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. Without affecting the rights of the City under any provision of this agreement or this section, Consultant shall not be required to defend, indemnify, and hold harmless the City as set forth above for liability arising from litigation challenging the validity of a decision of the City Council concerning the project described in the scope of work. 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.
(a) M
odification 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) M
odification 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).

12. Ins
urance. Cons ultant 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.

13. Accep
tance of Final Payment . Co nsultant’s acceptance of final payment will release City from any and all claims and liabilities for compensation under this Agreement.

14. Accep
tance of Work. Cit y’s acceptance of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy, DocuSign Envelope ID: F502E7A6-ACDD-44F8-AA06-F9F1B010B35F

EXHIBIT A
125
Professional Services Agreement
Rev. 09.2021

Page 5 ends

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.

15. Co
nflict of Interest. Consul tant represents that no City employee or official has a financial interest in Consultant. Consultant shall not offer, encourage, 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 that 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.

16. Ec
onomic Dis closure. 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 Consultants’ 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.

17. Non-E
xclu sive 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. Rem
edies. 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 or 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.

20. Cons
truction of Language . Th e 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 of the Agreement and an attachment hereto, the language in the body of the Agreement controls.

21. Ent
ire 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 archival copy maintained by City can be used in place of the original for all purposes with the same effect as if it was DocuSign Envelope ID: F502E7A6-ACDD-44F8-AA06-F9F1B010B35F

EXHIBIT A
126
Professional Services Agreement
Rev. 09.2021

Page 6 ends

the original.

22. N
otice. Not ices 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: Jake Potter and Turhan Sonmez
City of Livermore
1052 S Livermore Avenue
Livermore, California 94550
TO
CONSULTANT: Attention: Kristi Bascom
Shute, Mihaly & Weinberger LLP
396 Hayes Street
San Francisco, CA 94102

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. S
everability. 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. E
lectronic Signa tures. 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. C
ounterparts. Thi s 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: F502E7A6-ACDD-44F8-AA06-F9F1B010B35F

EXHIBIT A
127
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.

CONS
ULTANT: Dated:

By: Winter King
Title: Partner
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
Professional Services Agreement Page 7
Rev. 09.2021
DocuSign Envelope ID: F502E7A6-ACDD-44F8-AA06-F9F1B010B35F 3/20/2023 | 6:20 PM PDT

EXHIBIT A
128
City of Livermore
Proposal to Provide Planning
Services and Legal Advice
for Development Code
Amendments Related to New
State Housing Laws and the
Creation of new Residential
Objective Development
Standards
Updated: January 12, 2023
Kristi Bascom, AICP
Urban Planner
Shute, Mihaly & Weinberger LLP
396 Hayes Street
San Francisco, CA 94102
Phone: (415) 552-7272 x202
[email protected]
DocuSign Envelope ID: F502E7A6-ACDD-44F8-AA06-F9F1B010B35F

EXHIBIT A
129
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SMW p
roposes to tackle the Development Code Amendment and Objective Development Standards project by breaking it down into five distinct tasks:

Task 1. Project Kick-off/Initiation
Task 2. Research and Education
Task 3. Drafting Code Amendments and new Objective Development Standards Task 4. Iterative Review and Revisions
Task 5. Public Review and Adoption
Throughout the duration of the project, SMW will be coordinating with Community Development Department Staff, providing written content for internal and external outreach and education on the Development Code update process, and working with the Technical Advisory Group (TAG) and Design Advisory Group (DAG) as needed to receive input and feedback. This iterative process is expected to involve a lot of input/feedback loops with Staff and the TAG or DAG and could also benefit from study sessions with the Planning Commission and/or City Council. We have included this as an optional task. Costs associated with written communication and Staff/TAG/DAG coordination are captured in the Cost Proposal as Task 6, which is ongoing.

TASK 1: PROJECT INITIATION
The first task involves a meeting with City staff, either in-person or via video conferencing, to establish a mutual understanding of the key issues, discuss expectations, and confirm project milestones, meeting times, and deliverables.

TASK 2: RESEARCH AND INVESTIGATION
The second task involves gathering relevant state and local documents and conducting our review to determine what amendments need to be considered for State law compliance. Steps will include:

1. Local Document Review. Conduct a technical review and analysis of the City’s existing policy documents, design guidelines, development standards and regulations, and permit procedures, including the City’s General Plan, Development Code (which includes the existing ADU and Density Bonus ordinances), City housing legal memos, handouts, and interpretations, 2004 City of Livermore Design Standards and Guidelines, various specific plans, and updated Housing Element, Climate Action Plan, and Hazard Mitigation Plan (if available).

2. Local Summary. Prepare a summary of the existing document deficiencies and identify what needs to be updated to be in compliance with State law. Summary will also include an overview of subjective design/development standards that will need to be reconsidered and reconfigured into an objective metric.

3. State Document Review. With the City’s code gaps in mind, conduct a technical review and analysis of the State of California’s new housing laws, including SB 35, SB330, SB9, ADU law (AB 345, AB 3182, AB 68, AB 881, SB 13, AB 587, AB 670, and AB 671), and Density Bonus Law (government Code Sections 65915 – 65918).

PROPOSED SCOPE OF WORK
DocuSign Envelope ID: F502E7A6-ACDD-44F8-AA06-F9F1B010B35F

EXHIBIT A
130
9 |
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4. State Law Summary. Prepare a summary of the requirements of each law and identify the areas where the City of Livermore has discretion in implementation.

TASK 3: DRAFTING CODE AMENDMENTS AND OBJECTIVE DEVELOPMENT STANDARDS The third task involves taking the summaries prepared in Task 2 and feedback received from City Staff and drafting:

1. Amendments to the Development Code needed to established compliance with State law.

During this effort, SMW will review with the City the pros and cons of creating a new Housing Chapter in the Development Code that would include all the City’s existing ordinances pertaining to housing (e.g. ADUs) and all state laws pertaining to housing (e.g.

SB 35). SMW expects that modifications to various parts of the Development Code will likely be required, including changes to Chapters 2 (General to All), 4 (General to Zones), 6 (Specific to Uses), 9 (Permits and Approvals), 10 (Subdivisions), and 11 (Definitions).

2. Objective Development Standards (ODS). The second part of Task 3 involves receiving feedback from City Staff on Livermore’s existing subjective design/development standards in the various policy documents. This input will help SMW draft language that identifies potential objective solutions to design and development issues while maintaining development and design guideline goals. During this task, in particular, SMW expects to interact with the Design Advisory Group (as appropriate) and coordinate with Community Development Staff to ensure that the right balance is being struck as the ODS are being crafted. The ODS will accommodate a wide variety of residential and mixed-use building types, and architectural styles appropriate in Livermore. The ODS will be written to ensure consistency with the City’s General Plan, and address topics such as site planning, building massing, building frontages, entrances, exterior materials, landscaping, utilitarian/mechanical elements of building design, and be complementary to (not replace) those standards contained in the existing 2004 Design Standards and Guidelines document.

Although a robust public outreach program throughout this effort is not expected, the amount of input/feedback with City Staff reviewing options for the Development Code amendments and the creation of the Objective Development Standards is expected to be substantial. These hours are captured in Tasks 3 and 4.

TASK 4: ITERATIVE REVIEW AND REVISIONS
Through the process of amending the City’s Development Code and crafting the Objective Development Standards, there will be three versions of documents produced:

1. Initial Administrative Draft. The Initial Admin Draft version will include:
a. Comprehensive modifications to the existing Development Code, using track- changes to indicate new and omitted text, and illustrations, if applicable. b. New Objective Development Standards

2. Final Administrative Draft. The Final Administrative Draft will incorporate City Staff comments received on the Initial Administrative Draft.

3. Public Hearing Draft. The Public Hearing Draft will be prepared for the decision-makers and will incorporate comments received on the Final Administrative Draft. The Public DocuSign Envelope ID: F502E7A6-ACDD-44F8-AA06-F9F1B010B35F

EXHIBIT A
131
10 |
P a g e
Hearing Draft will be reviewed by the Planning Commission and City Council through the formal review and adoption process.

TASK 5: PUBLIC REVIEW AND ADOPTION
SMW will prepare visual aids (e.g. digital presentation) and will make formal public presentations at a Planning Commission hearing and a City Council hearing to support adoption of the Development Code Amendments and Objective Development Standards.

OPTIONAL TASK: PLANNING COMMISSION AND/OR CITY COUNCIL STUDY SESSION(S) Between Tasks 3 and 4 (after drafting the key elements of the Development Code amendments and the Objective Development Standards but before assembling the Initial Administrative Draft), it could make sense to check in with the advisory and decision-making bodies to make sure what is being contemplated is in line with community expectations. SMW has provided costs for two optional study sessions if Staff determines that they are warranted.

Note: The Development Code Amendments and Objective Design Standards should be reviewed for CEQA compliance, which is not a part of this proposal. If CEQA review is necessary, SMW would be happy to review/assist, but that is outside of this proposed scope/budget.

DocuSign Envelope ID: F502E7A6-ACDD-44F8-AA06-F9F1B010B35F

EXHIBIT A
132
11 |
P a g e
It is
expected that execution of this project – from kick-off initiation with City Staff to ultimate adoption by the City Council – would take 10 to12 months. The key variables in this range are whether Planning Commission and City Council Study Sessions are held and also the level of engagement and involvement of a community-based Design Advisory Group or other advisory bodies. Both of these steps could add weeks to the timeline based on the frequency and meeting schedule(s).

SMW’s tentative project schedule is on the following page.

PROPOSED SCHEDULE
DocuSign Envelope ID: F502E7A6-ACDD-44F8-AA06-F9F1B010B35F

EXHIBIT A
133
May
2023
June
2023
July
2023
Aug
2023
Sept
2023
Oct
2023
Nov
2023
Dec
2023
Jan
2024
Feb
2024
Mar
2024
Apr
2024
May
2024
Task 1: Project Kick-off/Initiation
Kick Off Meeting with City Staff
Task 2: Research and Investigation
Local Document Technical Review
Summary of Focus Areas
State Document Review
Summary of Legal Requirements and Local Discretion
Task 3: Drafting Code Amendments and Objective Design Standards Draft Development Code Amendments
Draft Objective Design Standards
Task 4: Iterative Review and Revisions
Provide Initial Admin Draft
Final Administrative Draft
Public Hearing Draft
Task 5: Public Review and Adoption
Finalize materials for public hearings
Planning Commission Hearing
City Council Hearing
Optional Task: Planning Commission/City Council Study Sessions Prepare written and visual materials for Study Session
SS 1: Planning Commission
SS 2: City Council

PROPOSED SCHEDULE
City of Livermore Development Code Update:

Housing Law Compliance and
Objective Development Standards
DocuSign Envelope ID: F502E7A6-ACDD-44F8-AA06-F9F1B010B35F

EXHIBIT A
134
13 | P a
g e
The Cost
Proposal for this project is a not-to-exceed amount of $233,320 and includes the SMW team members identified in this proposal. No team member substitutions will be made without City Staff agreement and authorization. SMW will monitor costs closely – we have billing software that allows us to track hours and expenditures accurately over time. We provide monthly invoices and are able to provide updates in between, as needed.

SMW reserves the right to move hours/costs between tasks and subtasks within the overall project budget. In some cases more time is spent on one task and less on another. The contingency line of $30,000 can be utilized to cover activities that are outside of the scope as described in Tasks 1-

5. Utilization of the contingency line shall be agreed to by Staff in writing in advance of billing to that line.

In no case shall the overall total cost for the project be exceeded without written authorization from the City and a signed contract amendment. If the total number of hours spent on the project is less than that total contract budget, the City will be billed for only those hours expended.

There is one subconsultant cost included in the project budget, which is the cost to have graphic illustrations produced, if needed, to illustrate certain development standards or code requirements. The budget includes the expenditure of up to $5,000 for this purpose. If this work is determined to not be warranted, this cost will not be incurred by the City.

The budget identifies an optional task for study sessions at the Planning Commission and/or City Council, if determined by City Staff to be warranted. This would add $12,320 to the total project cost.

The Cost Proposal broken down by task and subtask is on the following page.

COST PROPOSAL
DocuSign Envelope ID: F502E7A6-ACDD-44F8-AA06-F9F1B010B35F

EXHIBIT A
135
Kristi Bascom
Project Mgr/
Urban Planner
Carmen Borg
Urban Planner
Caitlin Brown
Attorney
(Associate)
Winter King
Attorney
(Partner)
Total Hours
per Task
Total Cost
per Task
Hourly Rate 210$ 210$ 310$ 350$
Total Project Hours (w/o Optional Tasks) 392 80 180 124 Task 1: Project Kick-off/Initiation
Kick Off Meeting with City Staff 8 4 4 4 20
Task 1 subtotal 8 4 4 4 20 5,160$
Task 2: Research and Investigation
Local Document Technical Review 64 16 32 8 120
Summary of Focus Areas 16 8 16 8 48
State Document Review 12 16 8 36
Summary of Legal Requirements and Local Discretion 16 20 12 48 Task 2 subtotal 108 24 84 36 252 66,360$
Task 3: Drafting Code Amendments and Objective Design Standards Draft Development Code Amendments 80 16 24 16 136
Draft Objective Design Standards 120 16 24 24 184
Task 3 subtotal 200 32 48 40 320 77,600$
Task 4: Iterative Review and Revisions
Provide Initial Admin Draft 24 12 24 8 68
Final Administrative Draft 16 8 16 8 48
Public Hearing Draft 8 4 4 16
Task 4 subtotal 48 20 44 20 132 34,920$
Task 5: Public Review and Adoption
Finalize materials for public hearings 12 8 20
Planning Commission Hearing 8 8 16
City Council Hearing 8 8 16
Task 5 subtotal 28 24 52 14,280$
198,320$
Project Contingency 30,000$
5,000$
233,320$
Shute, Mihaly & Weinberger, LLPSCOPE OF WORK and BUDGET City of Livermore Development Code Update:

Housing Law Compliance and
Objective Development Standards
Total SMW cost
Subconsultant costs: Graphic Design assistance (as needed and not-to-exceed) Total Project Cost (Tasks 1-5)
DocuSign Envelope ID: F502E7A6-ACDD-44F8-AA06-F9F1B010B35F

EXHIBIT A
136
Kristi Bascom
Project Mgr/
Urban Planner
Carmen Borg
Urban Planner
Caitlin Brown
Attorney
(Associate)
Winter King
Attorney
(Partner)
Total Hours
per Task
Total Cost
per Task
Shute, Mihaly & Weinberger, LLPSCOPE OF WORK and BUDGET City of Livermore Development Code Update:

Housing Law Compliance and
Objective Development Standards
Optional Task: Planning Commission/City Council Study Sessions Prepare written and visual materials for Study Session 16 16 SS 1: Planning Commission 8 8 16
SS 2: City Council 8 8 16
Optional Task 2 subtotal 32 16 48 12,320$
245,640$ Total Project Cost (Tasks 1-5 plus Optional Task) DocuSign Envelope ID: F502E7A6-ACDD-44F8-AA06-F9F1B010B35F

EXHIBIT A
137
16 |
P a g e
SMW h
as reviewed and accepts the City of Livermore’s Agreement for Professional Services.

SMW meets the prerequisite insurance requirements, and, if selected, SMW agrees to enter into an Agreement for Professional Services with the City of Livermore.

ACCEPTANCE OF CITY'S AGREEMENT FOR PROFESSIONAL SERVICES DocuSign Envelope ID: F502E7A6-ACDD-44F8-AA06-F9F1B010B35F

EXHIBIT A
138
Revised 9/21/2015 B5 – 1M E&O

Page 1 ends

EXHIBIT B

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

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

3. Workers’ Compensation and Employer's Liability:

4. Professional Liability/Errors and Omissions:
$1,000,000 per occurrence.

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 DocuSign Envelope ID: F502E7A6-ACDD-44F8-AA06-F9F1B010B35F

EXHIBIT A
139
Revised 9/21/2015 B5 – 1M E&O

Page 2 ends

limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.

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

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

DocuSign Envelope ID: F502E7A6-ACDD-44F8-AA06-F9F1B010B35F

EXHIBIT A
140

CITY OF LIVERM
ORE

DETERMINATION OF CONFLICT OF INTEREST

REPORTING FOR CONSULTANTS
Consultant N
ame (include name of specific person doing work if known).

Contract/P
roject Title.

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

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 D
epartment Head
Signature: _________________________________ Date: _____________________ City Attorne
y Determination:

Disclosure: [_] None [_] Category 1 [__] Category 2 [_] Category 3 [_] Category 4 Name and address of each individual subject to reporting requirements:

Comments:

Assistant/C
ity Attorney
Signature: ____________________________ Date: _____________________

THIS FORM IS TO BE

COMPLETED BY CITY

STAFF ONLY
Shute, Mihaly & Weinberger. LLP
Professional services to Provide Planning Services and Legal Advice for Development Code Amendments and Objective Standards Professional services to Provide Planning Services and Legal Advice f
or Development Code Amendments and Objective Standards
DocuSign Envelope ID: F502E7A6-ACDD-44F8-AA06-F9F1B010B35F X
X
3/21/2023 | 11:32 AM PDT
X
3/21/2023 | 12:04 PM PDT
NA
NA

EXHIBIT A
141
The appropriate category is dependent upon the type of work being performed and shall be the same as the category for the designated employee identified in the City of Livermore Conflict of Interest Code which could or would have otherwise done the work, or Category 1 for any Consultant that makes, participates in making, or influences decisions.

M
aking, Participating in Making, of Influencing a Governmental Decision:

I
n answering the question whether a Consultant is making, participating in making, or influencing a governmental decision, the following guidance is provided1:

A
Consultant is subject to the conflict-of-interest disclosure requirements when he or she:

Ma
kes a governmental decision (for example, by voting or making an appointment) P
articipates in making a governmental decision (for example, by giving advice or making recommendations to the decision maker)
I
nfluences a governmental decision by communicating with the decision maker.

A
good rule of thumb in deciding whether a Consultant’s work constitutes making, participating in making, or influencing a governmental decision is to determine whether the Consultant is exercising discretion or judgment with regard to the decision. If so, the Consultant is subject to disclosure.

C
ategory 1 - Consultants in this category shall disclose all sources of income, including gifts, loans and travel payments; investments; interests in real property and any business entities in which the consultant is a director, officer, partner, trustee, and employee or holds any management position.

C
ategory 2 - Consultants in this category shall disclose all sources of income, including gifts, loans and travel payments; investments; interests in real property and any business entities in which the consultant holds a management position if the business entity engages in land development, construction, the provisions of architectural, engineering or other services in connectio n with construction, the manufacture or sale of electrical, plumbing or other products used in construction; the acquisition or sale of real property of financing of land acquisition, development or construction.

C
ategory 3 - Consultants in this category shall disclose all sources of income, including gifts, loans and travel payments; investments; interests in real property and any business entities in which the consultant holds a management position if the business entity is of the type which contracts with the City of Livermore to provide services, supplies, materials, machinery or equipment.

C
ategory 4 - Consultants in this category shall disclose all sources of income, including gifts, loans and travel payments; investments; interests in real property and any business entities in which the consultant holds a management position if the business entity is of the type which contracts with the designated employee’s department.
1 This guidance is derived from Fair Political Practices Commission publication entitled, Can I Vote? An Overview of a P
ublic Officials’ Obligations Under the Political Reform Act’s Conflict-of-Interest Rules and is available on the FPPC’s website at www.fppc.ca.gov/library/CanIVote7-05.pdf.

DocuSign Envelope ID: F502E7A6-ACDD-44F8-AA06-F9F1B010B35F

EXHIBIT A
142

CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

April 10, 2023
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Resolution directing the City Engineer to file the Annual Engineer’s Report for the City’s Landscape Maintenance Districts.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution directing the City Engineer to file the Annual Engineer’s Report for the City’s Landscape Maintenance Districts.

SUMMARY
In order to levy and collect annual assessments for landscape maintenance districts under the Landscape and Lighting Act of 1972, the City must follow certain legal procedures. The initial procedures consist of directing the filing of annual report(s), approving the report(s), and then passing resolutions of intention and authorizing the levy and collection of assessments.

DISCUSSION
A consolidated Engineer’s Report will be prepared for 92 districts for Fiscal Year 2023-2024 in accordance with the requirements of the Landscape and Lighting Act of 1972. The districts are Maintenance District No. LL-1: Annexation Nos. 1989-1, 1989-2, 1989-4, 1990-1, 1990-2; Maintenance District No. LL-2; Maintenance District No. LL-2 (1992-0): Annexation Nos. 1992-1, 1993-1, 1993-2, 1994 1, 1994-2, 1994-3, 1994-4, 1994-6, 1994-7, 1994-8, 1995 1, 1995-2, 1995-3, 1995-4, 1995 6, 1995-7, 1996-1, 1996-2, 1996-3, 1996-5, 1996 6, 1996-7, 1996-8, 1996-9, 1997-2, 1997 3, 1997-4,1997-5; and Maintenance District Nos. LL-801, LL-802, LL-803, LL-804, LL 805, LL 806, LL-807, LL-808, LL-809, LL- 810, LL-811, LL-813, LL-814, LL-815, LL-817, LL-818, LL-819, LL-820, LL-821, LL 822, LL-823, LL-824, LL-826, LL-827, LL-828, LL-829, LL-830, LL-831, LL-832, LL 833, LL-835, LL-836, LL-837, LL-838, LL- 839, LL-840, LL-841, LL-842, LL-843, LL 844, LL-845, LL-846, LL-847, LL-848, LL-849, LL-850, LL-851, LL-852, LL-853, LL 854, LL-855, LL-857, LL-858, LL-859, LL-860, LL-861, LL-862, and LL-863. These reports will include estimates of expenditures and revenues for Fiscal Year 2023-2024.

Proposed Schedule for the Levy of Assessments for Fiscal Year 2023-2024

143
Staff will return to the Council to ask for the approval of the Engineer’s Report and then to pass a Resolution of Intention to levy assessments that will establish the date, time, and place of the public hearing for these actions. The following tentative schedule is proposed:

May 22, 2023 - Council adopts a resolution approving the Engineer’s Report and then passes a Resolution of Intention to Levy Annual Assessments for the Landscape Maintenance Districts for Fiscal Year 2023-2024 and establishing a public hearing date of June 26, 2023.

June 26, 2023 - Council holds a public hearing and considers levying the assessments for the City’s landscape maintenance districts.

August 10, 2023 - Deadline to file assessments with Alameda County Assessor’s Office.

FISCAL AND ADMINISTRATIVE IMPACTS

Property owners within each maintenance district pay assessments to cover the cost of landscape maintenance, utilities, operation, and maintenance of equipment. Maintenance operations are performed by City staff and supplemented by private contractors under the direction of City staff. Preparing and filing the annual Engineer’s Report will only utilize staff time and consultant time which have been previously budgeted.

COMMUNITY PILLAR
5: A City That Works
GOAL
14: Develop and maintain the City’s infrastructure, facilities, and property

ATTACHMENTS

1. Resolution

Prepared by: Marisa Gan
Management Analyst II

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION DIRECTING THE CITY ENGINEER TO FILE AN ANNUAL REPORT

FOR LANDSCAPE MAINTENANCE DISTRICTS ORGANIZED UNDER THE LANDSCAPE AND LIGHTING ACT OF 1972
MAINTENANCE DISTRICT NO. LL-1: ANNEXATION NOS. 1989-1, 1989-2, 1989-4,1990-1, 1990-2
MAINTENANCE DISTRICT NO. LL-2: ANNEXATION NOS. 1992-0, 1992- 1,1993-1, 1993-2, 1994-1, 1994-2, 1994-3, 1994-4, 1994-6, 1994-7, 1994-8, 1995-1, 1995-2, 1995-3, 1995-4, 1995-6, 1995-7, 1996-1, 1996-2, 1996-3, 1996-5, 1996-6, 1996-7, 1996-8, 1996-9, 1997-2, 1997-3, 1997-4, 1997-5
MAINTENANCE DISTRICT NOS. LL-801, LL-802, LL-803, LL-804, LL-805, LL-806, LL- 807, LL-808, LL-809, LL-810, LL-811, LL-813, LL-814, LL-815, LL-817, LL-818, LL-819, LL-820, LL-821, LL-822, LL-823, LL-824, LL-826, LL-827, LL-828, LL-829, LL-830, LL- 831, LL-832, LL-833, LL-835, LL-836, LL-837, LL-838, LL-839, LL-840, LL-841, LL-842, LL-843, LL-844, LL-845, LL-846, LL-847, LL-848, LL-849, LL-850, LL-851, LL-852, LL- 853, LL-854, LL-855, LL-857, LL-858, LL-859, LL-860, LL-861, LL-862, LL-863 There are 92 Landscape and Lighting Districts within the city of Livermore. Under the regulations governing Landscape and Lighting Districts, the City Council must follow certain procedures to levy annual assessments. The first step in this process requires the preparation and filing of the Annual Engineer’s Report for the City of Livermore’s Landscape Maintenance Districts (“Annual Engineer’s Report”) for each of the 92 districts. Any proposed new improvements, or substantial changes in existing improvements, must also be described.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that the engineer of record is directed to file with the City Clerk the Annual Engineer's Report for the maintenance districts. The improvements are the same as the ones described in the prior Engineer’s Report, and no new improvements or substantial changes to existing improvements are proposed.

On motion of Council Member , seconded by
Council Member , the foregoing resolution was passed
and adopted on April 10, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
145
RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
/s/ Tara M. Mazzanti
Marie Weber Tara M. Mazzanti
City Clerk Assistant City Attorney
146

CITY COUNCIL STAFF REPORT
ITEM NO. 5.6

DATE:

April 10, 2023
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Resolution designating Laserfiche and Accela as Trusted Systems for the management of the City's official records in electronic format and the automation of retention requirements.

RECOMMENDED ACTION

SUMMARY
Adoption of the proposed resolution will 1) update the City’s records management program to establish procedures for efficient control over official records, including incorporation of industry best practices for records management and allowing for new technology; and 2) declare Laserfiche and Accela as “trusted systems,” allowing City official records to be stored electronically instead of in hardcopy in specified circumstances.

DISCUSSION
Updating the Records and Information Management (RIM) Program The City Council adopted a new City-Wide Records Retention Schedule on October 25, 2021. Since that time, the City Clerk's Office and the Community Development Department (CDD) developed governance for the oversight of records with the use of technology. Technology today enables the automation of retention requirements following best practices and procedures.

The RIM program has developed the governance requirements, in addition to the approved Records Retention Schedule, as Attachments and includes the following:

Records and Information Management Policy
City Clerk - Procedure for the saving official records to Laserfiche City Clerk - Procedure for the deletion of obsolete records from Laserfiche CDD - Planning - Procedure for saving records into Accela 147
CDD - Planning - Procedure for deleting records from Accela CDD - Building - Procedure for saving records into Accela CDD - Engineering - Procedure for saving records into Accela CDD - Engineering - Procedure for deleting records from Accela

Designating a Trusted System
The California Public Records Act defines records as “any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.” While many records today are received in electronic format, the City has many records in paper format.

State laws and regulations have been enacted to allow government agencies to convert paper records to electronic formats. Storing records electronically is a cost-saving measure, reducing the need for onsite and offsite storage and management of voluminous paper records, and allows the City to provide easier and quicker access to records.

In order to retain records electronically and dispose of the paper version, the legislative body of an agency must declare a “trusted system.” Under California law (Government Code section 12168.7), “a ‘trusted system’ means a combination of technologies, policies, and procedures for which there is no plausible scenario in which a public record retrieved from or reproduced by the system could differ substantially from the public record that is originally stored.”

Additionally, the Secretary of State has adopted Trustworthy Electronic Document or Record Preservation regulations (Chapter 15, Division 7, Title 2 of the California Code of Regulations), which govern the recording, storing, and reproducing of records in electronic media where the intent is to destroy the original hardcopy and maintain the electronic copy as the official Record.

The City Clerk’s Office has worked with City departments and the City’s records consultant to ensure the City's enterprise content management system, Laserfiche, and the records stored within the system, are kept in accordance with the State's Trusted System requirements and the Trustworthy Electronic Document and/or Record Preservation regulations. In addition, the Community Development Department has developed procedures to manage and govern the documents stored within Accela to assure that records are kept in accordance with the State's Trusted System requirements and the Trustworthy Electronic Document and/or Records Preservation regulations.

On October 25, 2021, the City Council adopted Resolution No. 2021-178, creating a new Records Retention Schedule which established requirements for retaining City Records and for disposing of Records when they are no longer needed for administrative, fiscal, historical, or legal purposes.

Laserfiche and Accela have audit capabilities to track records as they are added, deleted, and viewed in the system. Permissions and restrictions for security have been established in Laserfiche and Accela along with roles and responsibilities to ensure only appropriate personnel have access to records.

Records Management Procedures, included as Exhibits A through G to the Resolution, have been developed for the standardization of organizing Records and the application of the retention requirements from the Retention Schedule and to provide for the routine searching, scanning, uploading, saving, importing, and disposing of Records in Laserfiche during the normal course of business. Each 148
division has a procedure for saving records and deleting records with the exception of the Building division. Records saved into Accela for Building are permanent and therefore no deletion procedure is required.

Collectively, the City's comprehensive Records and Information Management Policy, Records Retention Schedule, the Records Management Procedures, and the Laserfiche and Accela technologies constitute a Trusted System in accordance with state law.

Staff recommends adopting a Resolution to declare Laserfiche and Accela as “trusted systems” and the repositories for the management of City records and the automation of retention requirements, allowing staff to convert paper records for storage electronically.

The conversion of existing paper records to an electronic format will be an ongoing process, conducted as resources are available for scanning.

FISCAL AND ADMINISTRATIVE IMPACTS

There is no current-year fiscal impact. The City spends $15,000 annually for off-site records storage. As funding becomes available and documents are scanned and stored electronically to the trusted system, the cost the City bears for off-site storage fees will decrease. Funding requests for document scanning will be made through the established budget processes.

COMMUNITY PILLAR
5: A City That Works

GOAL
11: Organizational Efficiency

ATTACHMENTS

1. Livermore Records and Information Management Policy

2. Resolution

3. Exhibit A - City Clerk procedure for saving official records to Laserfiche

4. Exhibit B - City Clerk procedure for deletion of obsolete records from Laserfiche

5. Exhibit C - Planning Procedure for Saving Records into Accela

6. Exhibit D - Planning Procedure for Deleting Records from Accela

7. Exhibit E - Building - Procedure for Saving Records into Accela

8. Exhibit F - Engineering - Procedure for Saving Records into Accela

9. Exhibit G - Engineering - Procedure for Deleting Records from Accela

Prepared by: Marie Weber
Deputy City Manager/City Clerk

149
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
150
City of Livermore
Records and Information
Management
Program Manual
October 25, 2021
ATTACHMENT 1
151
Table of Contents
INTRODUCTION ......................................................................................................................... 3 CHAPTER 1 – RECORDS AND INFORMATION MANAGEMENT POLICY ........................................... 4 CHAPTER 2 – ROLES AND RESPONSIBILITIES ............................................................................... 9 CHAPTER 3 – INFORMATION OWNERSHIP ................................................................................ 11 CHAPTER 4 – CLASSIFYING AND INDEXING INFORMATION ........................................................ 12 CHAPTER 5 – RETENTION OF INFORMATION............................................................................. 15 CHAPTER 6 – DISPOSING OF OBSOLETE RECORDS AND INFORMATION ..................................... 17 CHAPTER 7 – LEGAL HOLDS AND LITIGATION SUPPORT ............................................................ 20 CHAPTER 8 – BOXING INACTIVE RECORDS FOR STORAGE ......................................................... 22 CHAPTER 9 – PROTECTING INFORMATION WHEN EMPLOYEES, CONTRACTORS, VOLUNTEERS, AND OFFICIALS LEAVE .............................................................................................................. 23 CHAPTER 10 – ELECTRONIC INFORMATION .............................................................................. 24 CHAPTER 11 – ACCESS TO PUBLIC RECORDS AND INFORMATION .............................................. 25 CHAPTER 12 – VITAL INFORMATION ......................................................................................... 28 CHAPTER 13 – PROTECTION OF SENSITIVE INFORMATION ........................................................ 29 CHAPTER 14 - HISTORICAL INFORMATION ................................................................................ 30 APPENDICES ............................................................................................................................ 31 ATTACHMENT 1
152

Introduction

The purpose of the Records and Information Management (RIM) Program is to define the rules for managing the City’s records and information and to provide the required steps or activities that enable employees to comply.

This RIM Program Manual provides the instructions for managing your department’s records and information. The elements and criteria of the RIM Program have been divided into individual chapters for ease of reading. For example, if you want to find out about the Program Policy, go to the chapter on the RIM Policy; for information about what is expected of each employee, go to the chapter on roles and responsibilities.

The ultimate goal of the Manual is to ensure that City records and information are:
• Filed efficiently using appropriate equipment and preservation methods, • Retained, stored, and destroyed in compliance with the law and City rules, and • Public records are available to the citizens, as appropriate If you have any questions about this manual or any of the RIM Program requirements, please contact the City Clerk.

ATTACHMENT 1
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Chapter 1 – Records and Information Management Policy
Overview
A Records and Information Management (RIM) Policy is the highest level of governance for City records and information. The RIM Policy identifies and clearly states what rules the City will follow in managing its paper and electronic information in compliance with laws and regulations.

The rules within the Policy apply to the content of the information, not the tools used to create it or media on which it resides.

The Policy does not dictate how a department will meet the requirements and allows for department management to determine the best approach in complying with the requirements.

RECORDS AND INFORMATION MANAGEMENT POLICY
A. Ownership
Records and information created or received in the conduct of the City’s business by staff or elected and appointed officials are the exclusive property of the City. City records and information are subject to compliance with this Policy, the associated Retention Schedule and any other City policy or procedure.

B. Authenticity
The City is committed to creating and maintaining complete, accurate, and trustworthy records and information that document its business activities. Deliberately creating false or misleading records or information regarding the City’s activities is strictly prohibited. Records and information should not contain language that is misleading, incomplete, inaccurate, or fraudulent.

C. Classification
Records and informatio n, both paper and electronic, are to be created, stored and managed with the appropriate classification that enables efficient and shared access, appropriate application of retention, and secure protection.

D. Retention
Records and information are to be retained in accordance with the approved Retention Schedule. When records or information complete their retention period, regardless of their format, they shall be deleted or disposed of in compliance with City procedures.

ATTACHMENT 1
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E. Storage
Hardcopy records and information no longer considered active may be transferred to designated storage facilities to fulfill retention requirements. Electronic records and information no longer considered active may be transferred to approved repositories or moved offline to fulfill retention requirements, but information in any location must be accessible by City employees for business needs and in response to requests by the public.

Records and information that is owned by the City should not be transferred to or stored in any unauthorized locations or on personal devices. Work done on a personal device on behalf of the City is the property of the City.

F. Availability
Records and information must be available for future business, litigation, and investigations as necessary, regardless of storage location.

Records that are determined to be “public” are to be made available for the public to obtain in accordance with the California Public Records Act, Government Code §6250-6276.48.

G. Electronic Communication
Unless otherwise required by contract or law, incl uding data privacy laws, electronic communication, including emails, email threads, text messaging, instant messaging, social media and any other form of electronic communication that may be used to conduct City business, are subject to this Policy and other rules of the City, and are the exclusive property of the City.

Email messaging is required to be conducted using City systems. Emails sent or received for the purpose of City governance or business are considered City property and must be maintained in City systems and in compliance with this Policy and, if they are records, in compliance with the Retention Schedule.

Instant messaging such as text messages are to be limited to brief communications to establish contact, identify location or confirm appointments. Text messages should not be used to create and communicate directives, conduct City business, or send files.

Social media is used exclusively for the distribution of City information. No original documents are to be created within social media, but attached and original communication posted to social media is to be limited to City announcements.

Records and/or information that are received or sent as part of an Electronic Communication, including the communication itself are subject to the City’s Administrative Rule Number 22, Use of Electronic Systems.

ATTACHMENT 1
155
Electronic Communication systems are intended to be a medium of communication and not as a repository for City records. Although Electronic Communication may seem to be less formal than other written communication, the same definition of Records applies, as do the rules for storage and retention. Electronic Communication that meets the definition of a record is to be stored in an official City repository.

H. Records of Exiting Elected Officials, Appointed Advisory Body Members, Employees, Volunteers and Contractors
When an elected or appointed offi cial’s term ends, the elected or appointed official is to work with the City Clerk to transfer records and information to the City Clerk’s Office to comply with the requirements of this Policy and any supporting procedures for retaining and managing the records and information of the exiting official.

When an employee, volunteer, or contractor leaves the City, the exiting individual’s supervisor, manager or City Manager designee is responsible for complying with the requirements of this Policy and any supporting procedures for retaining and managing the records and information of the exiting employee, volunteer, or contractor.

I. Suspending Retention Requirements
Records and information relevant to litigation, an investigation, or an audit and subject to a Legal Hold are to be retained and preserved until further notice from the City Attorney, regardless of the retention period set forth in the Retention Schedule.

Records and information subject to a Legal Hold that are no longer required for business purposes may be transferred to offsite storage in coordination with the City Clerk.

Records and information subject to a Public Records Act request are to be retained and preserved until the request has been completed. Note that even records that have passed retention cannot be destroyed if a Public Records Request has been submitted to the City.

J. Information Protection
Disaster recovery backup media are exact copies of an operating system, associated application and data created for the sole purpose of recovering data in the event of a disaster or business disruption and are not subject to the requirements of the Retention Schedule. Backups serve as a level of protection for electronic systems and the data that is stored on those systems and are not subject to the retention requirements of the Retention Schedule.

K. Vital Information
Records and information designated as “vital” are to be protected in a manner that establishes the priority of recovery of the data in a timely manner following a disaster or system disruption.

Vital Records are those records or information that are needed to recover from a disaster or resume business operations. Vital Records should be protected in accordance with City procedures and standards.

ATTACHMENT 1
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DEFINITIONS
Records
Records are either defined specifically in applicable statutes, Municipal Code, City business practices, or, in the absence of specific practices, a record is the document or information generated as the final output of a business process or business decision.

Incidental Documents and Convenience Copies
Not all information or data is a record. Some information is collected or created in order to complete a task or to enable creation of a record, but the City is not obligated by law to retain it. This type of information is classified as a non -record or Incidental Document. Incidental Documents have no retention requirements. Examples of Incidental Documents are included in Attachment A.

Electronic Communication
Electronic Communication is a document created or received via an electronic message system, including any attachments that may be transmitted with the message, along with its descriptive transmission metadata.

Electronic Message System
Electronic Message System is one or more computer networks, hardware, and software applications used to create, receive, and transmit messages and other documents electronically.

Instant Messaging (IM)
Instant Messaging (IM) – an electronic system that allows users to determine whether a certain party or parties are connected to the messaging system and allows them to exchange text messages with those parties in real time.

Thread
A Thread is an electronic mail conversation of at least one response on a similar subject; the conversation can be broken or continuous in nature

Social Media
Social Media – websites and similar applications that enable users to create and share content or to participate in social networking.

POLICY REVIEW
This Policy and the Retention Schedule may be amended or modified from time to time, as necessary, to account for changes in legal, regulatory or operational requirements.

REFERENCES
Retention Schedule
Records and Information Management Glossary of Terms
ATTACHMENT 1
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ATTACHMENT A

Examples of Incidental Documents

• Identical copies of documents;
• Extra copies of printed or processed materials kept only for convenience or reference (e.g. copies of expense reports once they have been paid);
• Miscellaneous notices of employee meetings, holiday notices, and reference materials; • Templates created to standardize the appearance or content of documents; • System backups;
• Notes, working papers, or drafts assembled or created in the preparation of other documents; worksheets, and rough drafts of letters, memoranda, or reports; • Catalogs, trade journals and other publications or papers received from external companies or agencies that are used for reference purposes, require no action, and are not part of an official record; and
• Materials used for information gather purposes, such as blank forms, stocks of publications, or supporting documents kept for supply purposes or to create a record.

ATTACHMENT 1
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Chapter 2 – Roles and Responsibilities
Overview
Each City official, employee, contractor and volunteer has a responsibility to be a good steward of the City’s information assets and to comply with all laws and regulations regarding their management.

RECORDS AND INFORMATION MANAGEMENT PROGRAM RESPONSIBILITIES Leadership Team: The City’s Leadership Team establishes the priority of services and options available to the employees and has a working understanding of the legal requirements the City is obligated to comply with in managing information.

City Clerk’s Office: The City Clerk’s Office manages the Records and Information Management Program. The City Clerk is responsible for development of the appropriate level of rules and providing departments with the training and tools in order for employees to comply. This role may include assisting departments with compliance; establishing effective procedures for accessing, maintaining, protecting, storing and destroying records and information; reviewing and revising the Retention Schedule; overseeing the filing system and the implementation of file plans and trusted system to allow for the storage of electronic records as the official record, and other Program specific tasks.

City Attorney: The City Attorney is consulted and expected to provide legal advice in the development and execution of the rules that are developed to manage records and information.

Information Technology Department: The I nformation Technology Department works closely with the City Clerk to implement the requirements in electronic systems and applications.

Department/Division Heads: The Department/Division Heads are responsible for the records and information in the Department/Division’s custody. They are to maintain active and efficient systems to efficiently and effectively store and locate needed documents. Department/Division Heads are responsible for ensuring their employees understand the governance rules, attend training, and compliance is met for their department.

Elected or Appointed City Officials: All City Officials, whether elected or appointed, are required to comply with Records and Information Management policies and procedures.

All Employees, Contractors, and Volunteers: All City Employees, Contractors, and Volunteers are re
quired to comply with Records and Information Management policies and procedur es, ensure economical and efficient creation and maintenance of records, promote security of records and information, and create and store records in the most effective media format, appropriate for preservation.

ATTACHMENT 1
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ATTACHMENT 1
160
Chapter 3 – Information Ownership

OVERVIEW
Records and Information created or received in the course of or conduct of the City’s business are the exclusive property of the City. Therefore, records and information are subject to the compliance requirements under the Records and Information Management Policy, the associated Retention Schedule and City procedures.

RESPONSIBILITIES
To assure the appropriate responsibility the following requirements are to be met:

1. Because records and information are the property of the City, employees are to have no expectation of privacy for any record or information created in the course of performance of City business or while accessing and using City systems.

2. Records available to the public are to be provided through the appropriate request process under the California Public Records Act using either the City’s designated software accessible on the website or by submitting a paper request using the form provided by the City Clerk’s Office.

ATTACHMENT 1
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Chapter 4 – Classifying and Indexing Information

OVERVIEW
Records and information should be consistently filed in a system and indexed in a manner that anyone who has access to that information may find it easily. Consistency and standardization in filing systems are critical to efficient City operations and government. Filing systems are a means of classifying records and information and these classifications, when done in a standardized approach across an entire department, allow for the automation of rules and requirements.

Both paper and electronic records should be systematically filed within a department in accordance with the following criteria:

1. Use one filing system for the entire department, or for a division that does similar work and generates or uses the same information following standardized naming conventions.

2. A single filing system for all individuals who use the same information w ill allow for the application of standardized naming rules and conventions.

3. Folde
rs, both paper and electronic, should have appropriate access requirements assigned. Confidential information and non-publ
ic information are to be protected from
unauthorized access and disclosure.

4. Assign r
etention requirements at the highest level or primary folder and enable subfolders to inherit these requirements.

Adopting the above criteria when developing a filing structure will allow easy access by staff, consistency throughout the City, and systematic monitoring to ensure proper and timely disposition. Contact the City Clerk for any advice or assistance in developing a filing system for your department or division.

CHOOSING FILES TO MAINTAIN
Maintaining paper filing systems can be very costly as they require the purchase of filing supplies, adequate space, and staff time to establish, manage and retrieve/file materials. When determining which files to maintain consider the following:
• Is this a type of record listed on the City’s Retention Schedule (either the category or example record)? All types of records maintained by a department should be listed on the Retention Schedule.
• Does this record exist electronically in a system that is available to department staff ? Records that exist electronically should not be printed for the sole purpose of maintaining a paper copy. However, if a paper version exists, it should be considered the official record and cannot be destroyed simply because an electronic version exists.

ATTACHMENT 1
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• Is my department the office of record? If another department is responsible for maintaining a record, your department may choose to keep a copy for a short time as a working file, but there is no need to retain duplicate files as official City records. For example, the Office of the City Clerk is the office of record for city council staff reports, resolutions, and ordinances. Departments do not need to keep copies of these documents and can destroy the duplicates as incidental information. • Please do not box up for storage any duplicate files or copies where your department is not the Office of Record.

ATTACHMENT 1
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USING A FILE PLAN

OVERVIEW
A File Plan is a folder structure, either for paper or electronic folders, with associated metadata, that provides a single consistent way for the entire department/division to file records and information. The rules for categories, file names and what goes where should be consistent across the department/division.

CREATING A FILE PLAN
The first level of the file plan should match the r ecord c ategories from the Retention Schedule. Filing records based on these categories will make the systematic disposition of records easier and more consistent. It will also decrease the number of duplicate folders located within the file area. When setting up a file plan, the department need only select the categories from the Retention Schedule that apply to their department.

The
next step is to create folders based on the work activity within the department/division.

These Level 2 folders are based on the business activities conducted within each department.

This is to help maintain the consistency so anyone within the department knows what goes in each folder. Within each Level 2 Folder, departments can set up sub -fold ers based on need. It is
important that the name and use of sub -folde
rs be consistent across a department and across
multiple departments where applicable.

The go
al of this type of file plan is so that all departments know:
• What to call it
• Where to file it
• How to find it
Adher
ing to the recommended filing procedures will ensure that filing areas are self- maint aining
and records are systematically transferred to inactive storage areas at the appropriate time and scheduled for destruction when their retention period is over. Use of this system will provide for consistency across physical and electronic records.

For mo
re information about File Plans and how to establish a File Plan for your department/division, please contact the City Clerk.

ATTACHMENT 1
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Chapter 5 – Retention of Information

OVERVIEW
The City has developed rules for how long records shall be retained by the City. These rules are in compliance with state and federal requirements and captured in a single document called a Retention Schedule.

The Retention Schedule is a list of all the types of records received or created by the City. It consists of broad categories of records that represent a single function that may be done by one department or multiple departments.

The Retention Schedule is a rule governing how long information is to be retained. It is not optional nor are the designated retention periods minimums . To obtain a copy of the latest version of the Retention Schedule, contact the City Clerk’s Office.

HOW TO READ THE RETENTION SCHEDULE
The Retention Schedule has six columns:

A. A record number
B. The record category name and a brief description
C. A list of typical record examples that are included in that category D. The department or office of record responsible for the official City record E. The length of time each category should be retained
F. The applicable legal citations for each category, along with any additional comments A record category may apply to more than one department. Look for key words or document names that describe the records you work with. You can use the FILTER and SEARCH tools available in Excel to help.

If you are unsure about which category applies to your records, contact the City Clerk.

REQUESTING CHANGES TO THE RETENTION SCHEDULE
The Retention Schedule, while being a governance document, must remain relevant in its requirements. Over time laws and/or business activities may change, and these changes can impact the retention requirements or needs for that information. Through a documented process, changes to the Retention Schedule can be requested, reviewed and appropriate action taken. If you have updates to any of the retention categories that apply to your department/division, please contact the City Clerk’s Office.

ATTACHMENT 1
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There are two types of changes:
a. Administrative changes – changing the wording, adding examples, adding a newly found citation with no retention impact, or modifying Office of Records, and b. Legal changes – changing any retention period or adding/deleting record categories.

To Request a Change:

1. Identify the Retention Category to be changed or indicate that a new category is needed.

2. Detail the changes needed and the justification.

3. Submit to the City Clerk

4. City Clerk will confirm change and determine if the change affects any other department.

5. City Clerk will review with the City Attorney and either approve the change or explain to the requester why the change cannot be made.

ATTACHMENT 1
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Chapter 6 – Disposing of Obsolete Records

OVERVIEW
Periodically (at least annually) review documents, files, personal drives and shared drives for hardcopy and electronic records with retention rules in the Retention Schedule to identify those that have met requirements . Note that it is NOT okay to destroy the paper but hold onto an electronic version “just in case”.

The procedures summarized below focus on the steps to take. For more detailed information, see the two City Records and Information Management Procedures:
• Procedure for Destruction of Obsolete Hard Copy Records • Procedure for Deletion of Electronic Records from Personal and Shared Drives

DESTRUCTION OF OBSOLETE HARD COPY RECORDS

1. Employees and Contractors:

1.1. Periodically use the Retention Schedule to review their hard copy records and files for those that have met retention requirements. At a minimum, this should be done during the records review days scheduled twice a year (July and January) by the City Clerk’s Office.

1.2. Create a listing of obsolete hard copy records eligible for destruction in accordance with the Retention Schedule.

1.3. Collect and consolidate the department lists, ensure that all items on the eligibility list have passed retention, complete the Destruction Authorization Form, and send the consolidated list and the form to the Department Head for review and approval.

2. The Department Head reviews the obsolete records lists, noting any exceptions, approves the Destruction Authorization Form, and sends to the City Clerk.

3. City Clerk reviews the form and list(s) to confirm that the obsolete records are past their retention, and either:

3.1. Approves the Destruction Authorization Form if in good order and forwards to the City Attorney or

3.2. Returns to the Department Head with questions or edits.

4. City Attorney reviews eligibility list(s) to confirm there are no records on the eligible lists that are subject to a Legal Hold or pending litigation confirming eligibility for destruction, noting ATTACHMENT 1
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any exceptions, approves the form, and returns the documents back to the City Clerk for final processing.

5. City Clerk details exceptions, if any, and notifies the requesting Department.

5.1. Responsible Department confirms any exceptions are removed from eligibility lists and reassigns a new destruction review date, 12 months out.

5.2. Upon approval, City Clerk facilitates the destruction of the obsolete hard copy records.

6. Records of elected or appointed Officials

6.1. In the normal course of City operations, records of Officials and the legislative or advisory bodies on which they serve should be in the custody of the City Clerk, who will periodically review for any that have met retention requirements and follow the procedure, detailed above, to obtain authorization for destruction.

6.2. However, if Officials have City hard copy reco rds to which the City Clerk does not have access, such records should be transferred to the custody of the City Clerk to assure that proper controls, including destruction in accordance with City procedures, can be administered.

7. For hard copy records that are destroyed on site at City offices, use a method of destruction that is appropriate to the sensitivity of the information they contain:

7.2. For hard copies containing sensitive or confidential information, use a cross -cut shredder.

7.3. NEVER dispose of sensitive documents in open trash bins.

8. If you choose to have hard copy records destroyed by a vendor, be certain to use only NAID- certified vendors.

9. For storage media such as CDs, DVDs, magnetic tape, thumb drives, etc., used the services of a NAID-certified vendor. Do NOT dispose of storage media in open trash bins.

DELETION OF ELECTRONIC RECORDS FROM PERSONAL AND SHARED DRIVES

1. Employees and Contractors

1.1. Periodically use the Retention Schedule to review personal drives and shared drives for folders and documents that have met retention requirements. At a minimum, this should be done during the records review days scheduled twice a year (January and July) by the City Clerk’s Office.

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1.2. Create a listing of electronic folders/documents eligible for deletion in accordance with the Retention Schedule.

1.3. Collect and consolidate the lists within a department, ensure that all items on the eligibility list have passed retention, complete the Destruction Authorization Form, and send the consolidated list and the form to the Department Head for review and approval.

1.4. The Department Head reviews the consolidated list, confirms eligibility for deletion noting any exceptions, approves the Destruction Authorization Form, and sends to the City Clerk.

1.5. City Clerk reviews the form and list(s) to confirm that the obsolete records are past their retention, and either

1.1.1. Approves the Destruction Authorization Form if in good order and forwards to the City Attorney or

1.1.2. Returns to the Department Head with questions or edits.

1.6. The City Attorney reviews eligibility list(s) to confirm there are no records that are subject to a Legal Hold or pending litigation by confirming eligibility for deletion, noting any exceptions, approves the form, and returns the Form and list back to City Clerk for final processing.

1.7. City Clerk details exceptions, if any, and notifies the requesting Department.

1.8. Upon approval notice from the City Clerk , the Depar tment removes identified exceptions from eligibility lists and reassigns a new destruction review date, 12 months out.

1.9. The City Clerk works with the IT manager to facilitate the deletion of eligible folder(s)/document(s).

2. Records of elected or appointed Officials

1.10. In the normal course of City operations, records of Officials and the legislative or advisory bodies on which they serve should be in the custody of the City Clerk, who will periodically review for any that have met retention requirements and follo w the procedure, detailed above, to obtain authorization for destruction.

1.11. However, if Officials have City records in a repository or on a device to which the City Clerk does not have access, such records should be transferred to the custody of the City Clerk to assure that proper controls, including destruction in accordance with City procedures, can be administered.

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Chapter 7 – Legal Holds and Litigation Support

LEGAL HOLDS SUSPEND DOCUMENT DESTRUCTION
A Leg
al Hold is a request by the City Attorney, or by the City Clerk’s office on behalf of Legal Counsel, to preserve records, including documents and electronically stored information, that may relate to a pending or anticipated legal action involving the City. A Legal Hold attempts to ensure that the records in question will be available for the discovery process prior to litigation.

A Legal Hold may be issued in electronic or paper -base d format. The City must take reasonable
steps to preserve records and information when it learns of pending or imminent litigation, or when litigation is reasonably anticipated. Legal Holds seek to prevent spoliation of evidence: the failure to produce relevant documents and information that pertain to the legal action, regardless of the reason. Spoliation can have negative impacts on the defense during legal actions.

NOT

IFICATION OF LITIGATION OR POTENTIAL LITIGATION
Upon receiving notification of litigation or upon identifying that the reasonable potential for litigation exists, the City Attorney will notify key department heads, the City Clerk, and key individuals.

The City Attorney will determine the relevant information to be preserved and will draft and issue a Legal Hold to all Department Heads, the City Clerk, and key individuals. The Department Head will communicate the Legal Hold to appropriate City personnel.

The list below provides an example of procedures and tasks which should be c onsidered based upon the scope and impact of the litigation. Depending on the nature of the litigation, not all of the tasks will be required to be performed.

Litigation Support Checklist
• Identify the specific Department(s), Division, and/or individual that are the subject of the litigation or pending litigation.
• Determine the format(s) that relevant electronic records will be held in.

Preference should be given to retaining records in the native format whenever possible.
• Identify who will mai ntain the required media format(s) for relevant electronic records
• In the case of hard copy records, determine whether the original or a copy is needed to satisfy the hold requirements. Keep information on the origin and locations of any original records s o that they can be returned to the correct file after copying or the hold is released.
• Identify who will be responsible for locating and reviewing records to determine relevance and who will be responsible for holding relevant records and information.

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• The City Attorney will be responsible for maintaining a distribution list of employees and departments involved or impacted by the litigation and who will be responsible for communicating updates or changes.
• Determine the date range for affected records and information • Document and retain the steps taken as appropriate
City staff will suspend destruction of relevant materials until the Legal Hold is released.

REMOVAL OF LEGAL HOLD
When the litigation has been concluded, or the threat of litigation has been resolved, the City Attorney will create a memo to notify affected personnel that the Legal Hold has been removed.

Released records will resume normal retention requirements.

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Chapter 8 – Boxing Inactive Records for Storage
Hard copy records no longer required to support ongoing City activities, but which must be retained in accordance with the Retention Schedule, may be boxed for storage.

1. Obtain approved storage boxes and storage barcode labels from the City Clerk.

2. Pack one record category per box; pack the same types of files or documents together.

3. Pack records for one budget year per box, if possible, but no more than two years in one box.

4. Make sure all files are facing the same direction.

5. Do not pack more than 30 lbs. in each box and make sure the box lid fits securely.

6. Create an index of the contents for each box:
a. Use a standard box index form, and
b. If files are all of the same type/category, you may summarize a range, such as 2015 Invoices, Jan. thru Mar. , or Zoning Request, 2016‐01‐0001 thru 2016‐02‐ 0025.

7. Place a copy of the index for each box inside the box, laying it flat on top (so that it is clearly visible when the box is opened).

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Chapter 9 – Protecting Information When Employees, Contractors, Volunteers, and Officials Leave

RECORDS OF EXITING EMPLOYEES, CONTRACTORS AND VOLUNTEERS When an employee, contractor, or volunteer leaves the employment of the City, their immediate supervisor or manager is responsible for complying with the requirements of the Records and Information Management Program Policy and assuring that any information that the exiting employee, contractor, or volunteer had responsibility for is reassigned to active personnel and retained by the City in compliance with the Program Policy and the City’s Retention Schedule.

Records managed by employees, contractors, or volunteers who are leaving the City should be transitioned before the individual leaves. When an employee, contractor, or volunteer leaves the City their supervisor should:

1. Work with IT to ensure ongoing access to messages in the person’s email Inbox. This will enable the supervisor to monitor and transition any ongoing communications.

2. Transfer active information, whether electronic or hard copy, to another individual.

3. Properly index and retain inactive information in accordance with the Retention Schedule.

RECORDS OF EXITING OFFICIALS
When an official of the City, whether elected or appointed, leaves the City, the City Clerk and City Manager’s Office are responsible for coordinating with the official to comply with the requirements of the Records and Information Management Program Polic y and assure that official information that the exiting official had responsibility for is retained by the City in compliance with the Program Policy and the City’s Retention Schedule.

Records of officials, whether elected or appointed, who are leaving the City should be transitioned before the official leaves. When an official leaves the City:

1. Their records should be transferred to the City Clerk.

2. The City Clerk will take further action to review the records and either transition to another official or properly index and retain in accordance with the Retention Schedule.

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Chapter 10 – Electronic Information
Using File Plans to Organize Information
City information created, retained or maintained in any digitized configuration or using any type of electronic technology, may be an electronic record that must be retained to meet the requirements of the City’s Retention Schedule. Electronic records must be retained based on the Retention Schedule, just as if they were physical records. Access, protection, and management of electronic information are easier when documents and folders are organized within a group/department file plan, and the group or department has applied naming conventions to the folders and documents.

File Plans provide a single folder structure that is usable and understood by everyone in the group or department for documents that should be shared. Each department should have a basic File Plan that is used in their shared drives, email archive (e.g., PST) folders, and in any electronic system that serves as a repository for electronic documents.

For assistance with creating the structure for your g roup/department’s File Plan structure, contact the City Clerk. IT can assist in setting up this structure in the various systems used by your department.

Below are tips when moving documents and folders into the new structure:
a. Move entire folders and subfolders
b. Review folder names for relevance/understanding
c. Use Year folders (i.e., 2013) where applicable (NOTE: This will also assist with applying retention rules to electronic documents.)
d. Ident
ify linked folders and databases -Lin
ked folders cannot be moved without
breaking the links
Electronic File Naming Conventions
Standardizing the naming of documents and files improves overall findability and access. It also minimizes the time employees take to locate a document and will reduce the duplication of documents because employees can find what they need. A few of the most common conventions are:
• Allow
able special symbols in folder and document names are: Period ‘.’, Underscore ‘_’, Dash ‘-’
• Onl
y use personal names on Personnel files or Street Names • When including a date in the file name, use the format YYYYMMDD (i.e., 20210515 for May, 15, 2021); this ensures that sorting by date will always put files in chronological order ATTACHMENT 1
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Chapter 11 – Access to Public Records and Information
The City understands and supports the public’s need and, more importantly, their right, to access the records that are public whether they are created or received by the City. The City shall accept, review and respond to public records requests received in accordance with the California Public Record Request Act (CPRA, California Government Code 6250), regardless of how they are submitted, from whom they are received, or the reason the request is submitted. The City’s policy is to facilitate an efficient and timely response to all requests for access to, or copies of, public information within reasonable limitations imposed by workload and pursuant to the CPRA.

The C
ity is obligated to respond to all requests within ten (10) calendar days of receipt of the request; although most requests can and should be fulfilled in less time. There is nothing in the CPRA that permits the City to hold a response for ten (10) days when a record is readily accessible.

It is important to note that “response” does not necessarily mean the production of records. For the purpose of a public record request a response may be a letter advising the requestor either that responsive records are available for review, the City does not have any records responsive to the request, or that the City i s invoking its right for a 14 -day extension should unusual
circumstances exist.

WHAT IS A
PUBLIC RECORD?
A Public Record is any writing containing information relating to the conduct of the public’s business prepared, owned, used or retained by any state o r local agency regardless of physical form or characteristics. (California Government Code 6252(e)). Records are not just printed or handwritten documents, they may be video recordings or information in a database. “Writing” means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds or symbols or any combination thereof, and any record thereby created, regardless of the manner in which the record has been stored. Examples of publicly disclosable records include:
• Agendas (Available on the City's Website)
• Minutes (Available on the City's Website)
• Contracts/Agreements
• Reports to Council and Attachments (Available on the City's Website) • Resolutions (Available on the City's Website)
• Ordinances (Available on the City's Website)
• Correspondence
• Salary Schedules (Available on the City's Website)
• Surveys
• Maps
• Audio and Video Recordings of Meetings
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WHAT IS NOT A PUBLIC RECORD?
Not all City information is public or disclosable. Exemptions may include:
• Generally, drafts and notes not retained in the ordinary course of business • Reports to Council that have not yet been released and distributed to the City Council; they will be disclosed following distribution to Council Members • Personal financial statements
• Privileged communication pertaining to claims by or against the City • Records relating to pending litigation to which the City is a party • Cit
y Attorney correspondence which is subject to the attorney-cli ent privilege or the
attorney work-pro
duct doctrine
• Re
cords containing private information about individuals (e.g., social services records, taxpayer information, medical information, etc.)
• Information collected in confidence
• Real estate appraisals, engineering or feasibility estimates made for or by the City relative to the acquisition of property, until the property has been acquired • Inactive, referendum and recall petitions
• Computer software
• Details about the security of the City’s critical infrastructure (e.g., water, electricity, computer networks)

PROCEDURE
All requests for City records are coordinated through the City Clerk’s office. A ny Department receiving a public records request can refer the requestor to the City Clerk’s Office or to the City’s website to submit their request. Requests may be in person, via email, in writing using the website, or by phone, however, the City strongly encourages request to be submitted using the City’s public records request software on the City’s website.

The City Clerk will request documents from the department(s) and determine whether the City Attorney should be contacted. The request will be forwarded to the department lead for follow- up, and the City Clerk will ensure compliance . The City Clerk is responsible for notifying the respective department regarding the ten-calendar day response requirement.

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Upon receipt of the request, the City Clerk may refer the request to the City Attorney to recommend an appropriate response. The City Attorney will provide advice on whether or not documents are exempt from public disclosure. The types of exempt documents include, but are not limited to, personnel records, medical records that constitute an unwarranted invasion of personal privacy, records pertaining to litigation, preliminary drafts, notes or inter-agen cy
advisory opinions, recommendations and deliberations, records of complaints to or investigations conducted by any State of local policy agency, privileged attorney-cli ent
communications, initiative, referendum and recall petitions, or documents where the public interest in non-disc
losure significantly outweighs the public interest in disclosing.

Any
public records request that is related to active, pending, threatened or potential litigation against the City will be handled by the City Attorney’s Office.

The City Clerk will respond to the requestor and retain the req uest, all correspondence, and a complete record of what has been produced within the City’s public records request software.

Records subject to disclosure based upon a Public Records Act request, although otherwise eligible for disposal in accordance with the Retention Schedule, should not be deleted or destroyed until provided in response to the request.

DETER
MINATION OF DISCLOSABLE vs. NON-DISC

LOSABLE DOCUMENTS
If the
re is any question as to whether the record is a non -disc losable document, contact either
the City Clerk’s office or the City Attorney’s office.

If the
requested records contain both disclosable and non -disc losable information, the law
requires that the City provide "… any reasonably segregated portion …" after deletion of the portions which are exempt by law. The non -disc
losable information must be "redacted," which
usually entails blacking out, whiting out, covering, or otherwise removing the non -disc losable
information from the document.

If the
request is for records that are not disclosable , based upon specific exemptions in Government Code Section 6254 et seq., or on the facts of the particular case, the public interest served by not releasing the record must clearly outweigh the public interest served by releasing it (the "balancing test"). The City Clerk will notify the requester in writing.

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Chapter 12 – Vital Information
Vital Definition
Vital Records are those records in any form or format, containing information essential to the City in order to continue with its business -cri
tical functions both during and after a disaster or
emergency. Vital Records contain the necessary information during a disaster for emergency operations and to recreate the City’s legal and financial position, to preserve the decisions of the City Council, and to protect the rights of the City’s employees.

Disa
sters include any sudden, calamitous events, whether natural or man -made , that result in
the temporary inaccessibility, damage to or destruction of information whose loss would impact the City’s ability to provide critical business functions for a period of time.

Vit
al Criteria
Criteria used to determine if a record or information meets the definition or is critical to the City’s operations includes:
• Records or information that is needed for immediate emergency operations or to notify employees and the public
• Records or information necessary to recreate the City’s legal and financial position • Records or information that demonstrate and preserve the City’s claims and rights • Records or information that protects the payroll status of City employee • Information important to the City’s operations and that cannot be recreated, or where the cost to recreate the information would be prohibitive • Records or information needed to provide public safety during the disaster or during recovery after the disaster
• Records or information that, if lost, would cause the City irrecoverable financial loss

Backup and Protection of Electronic Information
Electronic records and information should be protected so that, in the event of a disaster or business disruption, they can be recovered and found. Information Technology (IT) is responsible for establishing and maintaining the technology and processes to create daily backups of City electronic data repositories. These disaster recovery backups are exact copies of an operating system, including associated application and data, created for the sole purpose of recovering data in the event of a disaster and are not subject to the requirements of the Retention Schedule.

Backups serve solely as a level of protection for electronic systems and the data that is stored on those systems.

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Chapter 13 – Protection of Sensitive Information
Information created and/or received by the City has a sensitivity class. Each document can be classified as either Restricted/Confidential – meaning only designated employees have the right to access and use the information – or Public/Disclosable. Each sensitivity class has requirements for protection and restrictions for access and distribution. The table below, “City Sensitivity Information Protection Guidelines”, defines the requirements for protecting and managing these sensitivity classes of information.

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Chapter 14 - Historical Information
Historical Definition
Historical artifacts, documents, events, memorabilia and collections, as defined on the Retention Schedule, are valuable in documenting the City’s history and providing information for researchers. Less than 5-10 per
cent of the City’s records usually qualify as “historical.” Historical Records are to be permanently preserved so as to assure their ongoing availability and access.

The Cit
y’s historical documents are to be sent to the City Clerk for preservation and safekeeping.

Do not use scotch tape, metal paper clips, rubber bands or place historical papers near newsprint (newsprint is very acidic and will discolor and eventually destroy any paper it touches).

Whenever possible, use acid -free
papers (pH between 7.0 and 9.5), folders and boxes. Lay archival boxes flat on shelves.

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Appendices

Appendix A – Retention Schedule
Appendix B – Destruction Authorization Form for Hard Copies Appendix C – Destruction Authorization Form for Electronic Documents
Appendix D – Frequently Asked Questions
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APPENDIX B

RECORDS DESTRUCTION AUTHORIZATION FORM FOR HARD COPY RECORDS

I hereby request destruction of the records identified on the list, attached hereto as Exhibit “A.” The records identified on Exhibit “A” will be referred to as “Obsolete Records.” I have reviewed the list of Obsolete Records and hereby certify that the Obsolete Records are eligible for destruction or deletion in accordance with the City’s Retention Schedule.

__________
Department Head Date

I hereby certify that I have reviewed the list of Obsolete Records (attached as Exhibit “A”), and, to my knowledge, the list of Obsolete Records does not include any records that the City is required to retain in accordance with the Retention Schedule or any Legal Holds.

Subject to receipt of consent by the City Attorney, I hereby consent to destruction or deletion of the Obsolete Records.

City Clerk Date

I hereby certify that I have reviewed the list of Obsolete Records (attached as Exhibit “A”), and, to my knowledge, the list of Obsolete Records does not identify any records that the City is required to retain in accordance with the Retention Schedule or any Legal Holds.

I hereby consent to destruction or deletion of the Obsolete Records.

City Attorney Date
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APPENDIX C

RECORDS DELETION AUTHORIZATION FORM FOR OBSOLETE ELECTRONIC RECORDS

I hereby request destruction of the records identified on the list, attached hereto as Exhibit “A.” The records identified on Exhibit “A” will be referred to as “Obsolete Electronic Records.” I have reviewed the list of Obsolete Electronic Records and hereby certify that the Obsolete Records are eligible for destruction or deletion in accordance with the City’s Retention Schedule.

__________
Department Head Date

I hereby certify that I have reviewed the list of Obsolete Electronic Records (attached as Exhibit “A”), and to my knowledge, the list of Obsolete Electronic Records does not include any records that the City is required to retain in accordance with the Retention Schedule or any Legal Holds.

Subject to receipt of consent by the City Attorney, I hereby consent to destruction or deletion of the Obsolete Electronic Records.

City Clerk Date

I hereby certify that I have reviewed the list of Obsolete Electronic Records (attached as Exhibit “A”), and, to my knowledge, the list of Obsolete Electronic Records does not identify any records that the City is required to retain in accordance with the Retention Schedule or any Legal Holds.

I hereby consent to destruction or deletion of the Obsolete Electronic Records.

City Attorney Date

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RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION DECLARING A TRUSTED SYSTEM FOR THE MANAGEMENT OF

OFFICIAL RECORDS AND THE AUTOMATION OF RETENTION REQUIREMENTS On October 25, 2021, the City Council adopted Resolution No. 2021-178, creating a new Records Retention Schedule which established updated rules for retaining official City Records (“Records”), and for disposing of official City Records when they are no longer needed for administrative, fiscal, historical, or legal purposes; Section 34090, et seq, of the Government Code of the State of California provides the parameters whereby Records that have served their purpose and are no longer required may be destroyed, including the requirement that certain Records be reproduced on a "Trusted System," as defined in California Government Code Section 12168.7, prior to destruction;
California Government Code Section 12168.7 provides uniform statewide standards for storing documents in electronic media;
The Secretary of State has adopted Trustworthy Electronic Document or Record Preservation regulations, located in Chapter 15, Division 7, Title 2 of the California Code of Regulations, which govern the recording, storing, and reproducing of Records in electronic media where the intent is to destroy the original hardcopy and maintain the electronic copy as the official Record;
The City Clerk’s Office and Community Development Department have worked to ensure the City's content management system, and Records stored within the system, are kept in accordance with the State's Trusted System requirements and the Trustworthy Electronic Document or Record Preservation regulations; The City uses Laserfiche to electronically store Records in PDF and/or TIFF format; The City also uses Accela to electronically store Records in PDF format; Records and Information Management Procedures, attached hereto as Exhibits A and B, have been developed for the standardization of organizing Records and the application of the Records Retention Schedule and to provide for the routine scanning, uploading, saving, importing, and disposing of Records in Laserfiche during the normal course of business;
Records and Information Management Procedures, attached hereto as Exhibits C through G, have been developed for the standardization of organizing records and the application of the Records Retention Schedule and to provide for the routine scanning, uploading, saving, importing, and disposing of Records in Accela during the normal course of business;
184
RESOLUTION NO. ________
Collectively, the City's comprehensive Records Retention Schedule, Records and Information Management Policy, Records and Information Management Procedures, and the Laserfiche and Accela technologies constitute Trusted Systems in accordance with State law;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livermore, as follows:

1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establishes the factual basis for the City Council’s adoption of this Resolution.

2. Laserfiche and Accela are declared the City’s Records storage repositories.

3. The City Council hereby finds that Laserfiche and Accela are each backed up and the backup copies are stored offsite on a routine schedule in a format that cannot be altered.

4. The City Council hereby finds that the Records and Information Management Procedures have been implemented and are considered the approved procedures for the management of electronic Records, and the City Clerk is hereby authorized to make periodic procedural updates to existing procedures as required.

5. The City Council hereby declares the adopted Retention Schedule, Records and Information Management Policy, Records and Information Management Procedures, and Laserfiche and Accela technologies collectively establish the City of Livermore’s Trusted System.

On motion of Council Member _______________________, seconded by Council Member _______________________, the foregoing resolution was passed and adopted on April 10, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Katherine Mirassou______ Marie Weber Katherine Mirassou
City Clerk Deputy City Attorney
Exhibit A - City Clerk - Procedure for the saving official records to Laserfiche Exhibit B - City Clerk - Procedure for the deletion of obsolete records from Laserfiche Exhibit C - Planning - Procedure for saving records into Accela Exhibit D - Planning - Procedure for deleting records from Accela Exhibit E - Building - Procedure for saving records into Accela Exhibit F - Engineering - Procedure for saving records into Accela Exhibit G - Engineering - Procedure for deleting records from Accela 185

CITY OF LIVERMORE
Records and Information Management
Procedure for Saving Official Records to Laserfiche
____________________________________________________________________________________________________________________ 1 1. P
urpose
T
he purpose of this procedure is to describe the steps to scan, import, upload, and save official City Records into Laserfiche, the City’s trusted repository. Documents that have not been finalized, or that otherwise do not meet the criteria for official City R ecords, are not to be moved into Laserfiche.

2. Sc
ope
Th
is procedure applies to employees, contractors, and volunteers, who are acting on behalf of the City and have access to, use of, or are involved in the creation, maintenance or storage of the City’s R ecords, information, and electronic communication and who file official City Records into Laserfiche.

3. P
rocedure
P
reparation
Identify the following information before beginning:
• The repository or department file plan to receive the Records • The appropriate record category
• The required metadata, as well as any optional metadata, for the record category you will be using
If you are unsure about the repository or file plan , the record category , or what metadata is required, contact the City Clerk’s office for assistance before beginning.

A. Sc
anning paper Records into Laserfiche:
i) Prepare documents (i.e., remove paperclips, make sure pages are facing all the same way, etc.).
ii) Follow departmental procedures for accessing Laserfiche and using the scan functions. iii) Scan one type of document at a time (e.g., all Resolutions, all Ordinances, all Minutes, etc.).
iv) If scanning in multiple Records of the same type at the same time, they will need to be split apart; follow Laserfiche scanning procedures to separate them. v) Before moving to the next step perform quality checks to be certain all pages have scanned correctly ; rescan any R ecords that do not meet quality assurance criteria ; ensure both sides of two-sided documents are scanned.

EXHIBIT A
186

CITY OF LIVERMORE
Records and Information Management

Procedure for Saving Official Records to Laserfiche
____________________________________________________________________________________________________________________

2 vi) Select the appropriate template for the record category f rom the dropdown list in the Document Properties pane; the metadata fields for that record category will appear on the right of the screen in the Document Properties pane. vii) Enter values for ALL required metadata field s; enter values in optional fields if you can.
viii) Once all metadata required values have been entered, right-click the document in the Revision pane and click Store or click Store at the bottom of the Document Properties pane. The document will be moved to its respective folder in the repository.

B. Uploading and saving electronic Records into Laserfiche:
i) From within the application (e.g., Word, Excel, etc.) select the Print option. ii) For the printer, select “Laserfiche Snapshot.”
iii) Select the appropriate repository and log in.
iv) Select the appropriate template for the record category from the dropdown list in the Document Properties pane; the metadata fields for that record category will appear on the right of the screen in the Document Properties pane. v) Enter values for ALL required metadata fields; enter values in optional fields, if needed. vi) Once all metadata required values have been entered, click Store at the bottom of the Document Properties pane. The document will be moved to its respective folder in the repository.

4.1. Importing Records into Laserfiche:
i) You must be logged into the Laserfiche repository and file plan into which you want to import the record.
ii) From Laserfiche, click the “Import” icon on top ribbon of screen. iii) The “Import File” screen will appear. Choose file location of the record to import , highlight the document and click the “Import” button.
iv) “Import to Laserfiche” screen will appear. Click the “Fields” tab where you will see a dropdown menu of templates.
v) Choose the appropriate template, then click “ok.” The metadata fields for that template will appear.
vi) Enter values for ALL required metadata fields; enter values in optional fields, if needed. vii) Click “ok.” The document will then be sent to its assigned folder.

EXHIBIT A
187

CITY OF LIVERMORE
Records and Information Management
Procedure for Deletion of Records from Laserfiche
____________________________________________________________________________________________________________________ 1 | Page

1. Purpose
T
he City of Livermore’s Records stored in the Laserfiche repository , Trusted System, are to be retained for the length of time defined in the City’s Retention Schedule. The Retention Schedule identifies the categories of R ecords of the City and how long each category shall be retained.

Records are to be filed in their designated folders in Laserfiche for each department to allow for the automated calculation of retention periods.

R
ecords may not be deleted from Laserfiche or destroyed until they have passed their retention period. This procedure defines the steps to be completed in ide ntifying and destroying “official” City Records that are stored in the Laserfiche repository once their retention period has passed.

Records that reside outside of the Laserfiche repository are not addressed in this procedure.

2. Sc
ope
Th
is procedure applies to employees, contractors, and volunteers, who are acting on behalf of the City and have access to, use of, or are involved in the creation, maintenance or storage of the City’s Records, information, and electronic communication and those who are authorized to delete Records from Laserfiche.

3. P
rocedure
S
emi-annually, the Laserfiche Administrator, under the direction of the City Clerk, will initiate the process to delete electronic official Records from Laserfiche that have passed their retention requirements.
a) The Laserfiche Administrator contacts the City Attorney requesting information regarding any active or potential legal action(s) against the City to determine which category(s) of Records may be relevant to the action and therefore should be preserved and placed on Legal Hold.
b) The Laserfiche Administrator searches for relevant R ecords, suspends their destruction date and annotates the Records to indicate that they are on Legal Hold. c) The Laserfiche Administrator prepares a Records Notification containing a list of Records eligible for deletion because they have passed retention requirements. The notification specifies the date on which deletion of these Records is scheduled to occur. d) The Laserfiche Administrator sends the Records Notification to departments regarding the required deletion of obsolete electronic Records in Laserfiche. Included in the notification is a link to the Retention Schedule and who to contact with questions. The Records Notifi cation includes the following:
• Record categories that shall not be deleted due to their relevance in a legal action. • The list of Records eligible for deletion according to the City’s Retention Schedule.

EXHIBIT B
188

CITY OF LIVERMORE
Records and Information Management

Procedure for Deletion of Records from Laserfiche
____________________________________________________________________________________________________________________

2 | Page

• The date on which the obsolete Records will be deleted. • The deadline for a department to contact the City Clerk to prevent the deletion of the obsolete Records.

e) Departments shall notify the City Clerk’s Office by the deadline on the Records Notification if any of the Records eligible to be deleted should be exempted from deletion and shall provide a written justification for that exemption. In addition, departments shall notify the City Clerk if any of the documents on the list should be considered for continued retention due to ongoing historical value.
f) The City Clerk sends the final list of Records eligible for deletion to the City Attorney to confirm there is no legal reason for continuing to retain these Records. g) The City Attorney reviews and approves the deletion of the eligible R ecords and send their approval to the City Clerk. The City Attorney is to notate any record that needs to be held for another twelve (12) months.
h) On the designated date, or as soon as practicable thereafter, the City Clerk will delete the Records that have passed their retention period and have not been held for any legal or business reason.

City Clerk maintains the documentation of compliance with this in accordance with the Retention Schedule.

EXHIBIT B
189
Planning Division Procedure for
Saving Records into Accela
St
aff Planner Procedure
Updated March 22, 2023

1. After approval of a project, send an email to the applicant with the Conditions of Approval, and stamped Approved Exhibit B-1 (approved plans).

2. Change project status in Accela to ‘Approved’ and upload Word and PDF versions of the Conditions of Approval, Findings (if applicable), and CEQA document (if applicable) and the Exhibit B-1 (approved plans) to the 'Documents' tab.
a. Categorize and label Conditions of Approval as 'Conditions' b. Categorize and label Findings as 'Findings'
c. Categorize and label CEQA document as 'CEQA'
d. Categorize and label Exhibit B-1 as 'Plans - Approved'

3. Upload other pertinent project studies.
a. Categorize each study as 'Study'
b. Index each study as 'Study - [insert name of study]'-(I love this – you put naming conventions inside procedure)
c. Confirm that all pages have uploaded correctly, and indexing is complete.

4. Do not upload any incidental documents. See attached Guidelines/PowerPoint for what are incidental documents and what is a Record.

5. Delete documents from One Drive and/or SharePoint Teams that have been uploaded into Accela.

6. Provide physical signed copy of CEQA document to admin staff (within 5 days of project approval).

7. Email admin staff that final planning action is complete.

Staff Admin Procedure

1. After receiving email from Planner, review files categorization and indexing to ensure it is correct. Contact Planner if errors are found and/or corrections need to be made.

2. If CEQA notice has been filed, upload signed copy to the 'Documents' tab. a. Categorize and label signed CEQA notice as 'CEQA - Signed'

3. If project required Planning Commission or City Council review, upload staff report, minutes, and signed Resolutions/ Ordinances to the 'Documents' tab. a. Categorize and label staff report as 'Staff Report' b. Categorize and label minutes as 'Minutes'
c. Categorize and label signed Resolution(s) as 'Resolution - Signed' d. Categorize and label signed Ordinance(s) as 'Ordinance - Signed'

EXHIBIT C
190

4. Update the following Planning Documents, as needed:
a. Development Code/ Zoning Map and GIS
b. General Plan (Map) and GIS
c. Specific Plan (Map) and GIS
d. Master Sign Program and GIS

EXHIBIT C
191
Planning Division Procedure for
Deleting Records from Accela
Updated March 22, 2023
A
ccela System Administrator Procedure

1. By December 31st of each year, ensure all Accela files meet the Planning Division's re
quired retention schedule, as follows:
a. Contact the City Attorney (City Clerk-to keep them looped in and let them ask CA) requesting information regarding any active or potential legal action(s) against the City to determine which category(s) of Planning Records may be relevant to the action and therefore should be preserved and placed on Legal Hold.
b. Search for relevant Records, suspend their destruction date and annotate the
Records to indicate that they are on Legal Hold.
c. Prepare a Records Notification containing a list of Records el igible for deletion because they have passed retention requirements. The notification specifies the date on which deletion of these Records is scheduled to occur. d. Contact Planning Managers to inform of impending deletion and provide R
ecords Notification.
e. Send the final list of Records eligible for deletion to the City Clerk. City C
lerk reviews and confirms with the City Attorney to confirm there is no legal reason for continuing to retain these Records.
f. The City Clerk and City Attorney reviews and approves the deletion of the e
ligible Records. The City Clerk notifies via email the approval to Planning Admin staff.
i. The City Clerk and/or City Attorney is to notate any record that needs to be held for another twelve (12) months.
ii. Planning reviews any changes and marks any files to be held for another twelve (12) months.
g. Contact Accela consultant an
d ask for a bulk delete of all application
types approved for deletion.
i. Records will be deleted on the designate d date, or as soon as practicable thereafter.
ii. All Records will be deleted that have passed their retention pe
riod and have not been held for any legal or business
reason. Accela consultant to provide the City with a date for deletion and a follow up notification when deletion is
completed.
h. C
onfirm with Planning Managers once deletion is complete.

EXHIBIT D
192
Building Division
Procedure for Saving Records Into Accela
PA

PER DOCUMENTS
• Sc
an paper documents using the copier
• On copier select Building Scans Drive send documents
• On your computer, open Building Scans Folder and prepare document by renaming o Name with Permit Number, Document name (Example: E123456 Permit Packet)

1. O
pen Accela

2. Select Record Tab

3. Search Record # (permit #)

4. Hit Submit

5. Open the record link

6. Select Documents tab (left side)

7. Select New

8. Select Add

9. Locate documents from Building Scan’s folder, select open

10. Name document (see screenshot below)

11. Select Save

12. Check record to confirm all pages are readable

EXHIBIT E
193
Building Division
Procedure for Saving Records Into Accela

ELECTRONIC DOCUMENTS (email or DigiPlan)

Download documents to “downloads” folder to upload
o Rename with Permit Number, Document name (Example: E12345 Permit Packet)

1. Open Accela

2. Select Record Tab

3. Search Record # (permit #)

4. Hit Submit

5. Open the record link

6. Select Documents tab (left side)

7. Select New

8. Select Add

9. Locate documents from Building Scan’s downloads folder, select open

10. Name document (see screenshot above)

11. Select Save

12. Check document to confirm all pages are readable

Note: Building records uploaded or scanned into Accela are permanent. No deletion procedure is required.

EXHIBIT E
194
Engineering Division Procedures
Saving Records into Accela
St
aff Engineer Procedure
Updated March 22, 2023

1. After approval of a project, email your applicant with the Final Map or Encroachment Permit Package (approved plans).

2. Change project status in Accela to ‘Approved’ and upload Word and PDF versions of the Encroachment Permit, Improvement Plans, Final Map, or other Final Map documents (storm water agreement, structural drawings, title reports etc.) to the 'Documents' tab for each record.
a. Categorize and label Encroachment Permits as 'Encroachment' b. Categorize and label Improvement Plans as 'Improvement Plans' c. Categorize and label Final Maps as 'Final Maps'
d. Categorize and label Storm Water Agreements or Subdivision Improvement Agreements as 'Agreement'

3. Upload other pertinent project studies
a. Categorize each study as 'Study'
b. Index each study as 'Study - [insert name of study]'

4. Do not upload any incidental documents.

5. Delete all documents from One Drive and/or SharePoint Teams that have been uploaded into Accela.

6. Email admin staff that Encroachment Permit or Final Map Package is complete.

Staff Admin Procedure

1. After receiving email from Engineer, review files categorization and indexing to ensure it is correct. Contact Engineer if errors are found and/or corrections need to be made.

2. If project required City Council review, upload staff report, minutes, and signed Resolutions/ Ordinances to the 'Documents' tab.
a. Categorize and label staff report as 'Staff Report' b. Categorize and label minutes as 'Minutes'
c. Categorize and label signed Resolution(s) as 'Resolution - Signed' d. Categorize and label signed Ordinance(s) as 'Ordinance - Signed'

3. Update the following Engineering Documents, as needed:
a. GIS Map for any infrastructure and As-Builts

EXHIBIT F
195
Engineering Division Procedure
for
Deleting Records from Accela
Updated March 22, 2023
Ac
cela System Administrator Procedure

1. By December 31st of each year, ensure all Accela files meet the Engineering Division's required retention schedule, as follows:
a. Contact the City Attorney and City Clerk requesting information regarding any active or potential legal action(s) against the City to determine which category(s) of Engineering Records may be relevant to the action and therefore should be preserved and placed on Legal Hold. b. Search for relevant Records, suspend their destruction date and annotate the
Records to indicate that they are on Legal Hold.
c. Prepare a Records Notification containing a list of Records eligible for de
letion because they have passed retention requirements. The notification specifies the date on which deletion of these Records is scheduled to occur. d. Contact En g ineering Managers to inform of impending deletion and provide Records Notification.
e. Send the final list of Records eligible for deletion to the City C lerk. City Clerk reviews and confirms with the City Attorney to confirm there is no legal reason for continuing to retain these Records.
f. The City C lerk and City Attorney reviews and approves the deletion of the eligible Records. The City Clerk notifies Engineering System Administrator via email the approval.
i. The City Clerk and/or City Attorney is to notate any record that needs to be held for another twelve (12) months.
ii. Engineering reviews the changes and marks any files to be held for another twelve (12) months.
g. Contact Accela consultant and ask for a bulk delete of all application ty
pes approved for deletion.
i. Records will be deleted on the designated date, or as soon as p
racticable thereafter.
ii. All Records will be deleted that have passed their retention period and h
ave not been held for any legal or business reason. Accela consultant to provide the City with a date for deletion and a follow up notification when deletion is complete.
h. Confirm with Engineering Managers once deletion is complete.

EXHIBIT G
196

CITY COUNCIL STAFF REPORT
ITEM NO. 6.1

DATE:

April 10, 2023
TO:

Honorable Mayor and City Council
FROM:

Joe Testa, Fire Chief
SUBJECT:

Hearing to receive and consider protests and direct staff to proceed with field abatement work on non-compliant properties under the 2023 Fire Hazard Abatement Program.

RECOMMENDED ACTION

SUMMARY
On March 13, 2023, Council approved Resolution 2023-035, the 2023 Fire Hazard Abatement Program.

Following that meeting, staff mailed a public hearing notice to all parcel owners named in Exhibit A to the Resolution. As outlined, parcel owners have been advised of the need to abate the weeds and debris which constitute fire hazards. In cases where there was an insufficient mailing address, the notice was posted conspicuously on the property. To avoid the City Contractor abating the fire hazards, a property owner must complete the abatement in a manner that meets abatement guidelines by the required deadline. Additionally, parcel owners can protest the need to abate hazards at this public hearing which was provided in the notice.

DISCUSSION
After considering any objections to the proposed abatement at this hearing, it is recommended that the City Council overrule the objections to the proposed abatement and/or amend the list of properties to be abated. The City Council should then adopt the attached resolution, as amended (if at all), that orders a contractor to abate the weeds on the properties attached in Exhibit A.

Fire Inspectors will survey each parcel listed for compliance. If abatement has not occurred by May 31, 2023, the City Contractor will abate the weeds. At a public hearing this summer, staff will recommend that the City Council order that the abatement cost be a special assessment and a lien imposed on the properties requiring abatement for any outstanding invoices.

197

FISCAL AND ADMINISTRATIVE IMPACTS

The abatement costs are fully recoverable. A contractor will be retained by the City, or by the Livermore- Pleasanton Fire Department on behalf of the City, to perform the abatement. Invoices will be sent to property owners for all work performed by the City Contractor. Last year the total cost of work was $7,786.80 which included administrative costs incurred by the City in accordance with Section 39577 of the Government Code. Owners can pay the City directly, all unpaid invoices are filed with the Alameda County Tax Collector as a special assessment to the tax roll.

COMMUNITY PILLAR

1: A Safe Community that Thrives

GOAL

5: Ensure effective fire suppression, prevention, emergency medical and disaster services to meet the evolving needs of our communities and other changing conditions.

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 OVERRULING PROTESTS AND ORDERING THE

ABATEMENT OF A PUBLIC NUISANCE
On March 13, 2023, the City Council passed and adopted Resolution No. 2023-035 declaring that conditions existed, or that seasonal and recurrent conditions exist, of growing weeds, accumulated refuse, rubbish or dirt, on private property and/or on the streets, parkways or sidewalks, adjacent to each parcel of real property the resolution described. The City Council also found such conditions to be public nuisances requiring abatement.

The date, time, and place for hearing and considering all objections to the proposed abatement of the public nuisances described in Resolution No. 2023-035 was April 10, 2023, at 7 p.m. in Livermore, California.

The Livermore-Pleasanton Fire Department gave written notice of the proposed abatement to all persons owning the property described in Resolution No. 2023-035 at least five days prior to the date set for the hearing of objections to the abatement.

The Council has heard and considered all objections to the abatement of the public nuisance described in Resolution No. 2023-035.

The actual costs incurred for the nuisance abatements will be confirmed by the City Council at a future meeting to levy as an assessment against the respective properties.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that any and all protests to the abatement of the public nuisances on the properties described in Exhibit A, attached hereto, are overruled.

BE IT FURTHER RESOLVEDby the City Council of the City of Livermore that staff is ordered to proceed immediately to abate the public nuisances on the properties identified in Exhibit A, attached hereto. The abatement will consist of having the weeds, rubbish, refuse or dirt removed on all parcels that property owners have not abated by the May 31, 2023, deadline. Abatement will be performed by a service provider retained by the City of Livermore and the costs will be based on the actual work performed for each parcel.

In accordance with Section 39577 of the Government Code, administrative costs incurred by the City of Livermore will be added to the cost of the nuisance abatement.

On motion of Council Member _________________, seconded by Council Member ________________ the foregoing resolution was passed and adopted on April 10, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
199
RESOLUTION NO. ________
ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
______________________________ /s/ Katherine Mirassou______ Marie Weber Katherine Mirassou
City Clerk Deputy City Attorney
Exhibit A – 2023 List of Parcels & Property Owners
200
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-0414-028-06 600 MAPLE ST/SCHOOL ST LIVERMORE VALLEY JOINT UNIFIED

SCHOOL DISTRICT
8 098A-0610-004-00 EAST 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 300 VERNAL DR LLC 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
Livermore-Pleasanton Fire Department
2023 List of Parcels

EXHIBIT A
201
35 099 -0801-005-00 2301 CONCANNON BLVD LAUNCH PAD VENTURES LLC 36 099 -0801-011-00 CONCANNON BLVD MAKARAND S & NITU M SHINDE 37 099 -0802-001-00 CONCANNON BLVD MAKARAND S & NITU M SHINDE 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
40 099 -1316-011-00 137 RICKENBACKER Rickenbacker Circle Associates Llc 41 099 -1316-033-00 212 RICKENBACKER CIR ROBERT P & HEATHER STRONG 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 Trumark Homes*
45 099 -1325-022-02 4536 LAS POSITAS RD TH ARROYO VISTA LLC 46 099 -1325-023-00 ARROYO VISTA TH ARROYO VISTA LLC
47 099 -1325-027-02 LAS POSITAS RD TH ARROYO VISTA LLC
48 099 -1325-029-02 LAS POSITAS RD TH ARROYO VISTA LLC
49 099 -1325-030-04 LAS POSITAS RD TH ARROYO VISTA LLC
50 099 -1325-085-00 BENNETT DR Trumark Homes*
51 099 -1325-089-00 BENNETT DR TH ARROYO VISTA LLC
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-1500-048-00 2171 RESEARCH DR DPR REAL ESTATE INVESTMENTS LLC 66 099A-1500-074-01 2176 RESEARCH DR LREH CALIFORNIA LLC 67 099A-2926-003-00 S VASCO RD Jiang Licheng
68 099A-2939-002-00 2453 COWAN WAY FRYDENDAL SUE TR
69 099B-5050-001-12 908 N VASCO RD UNG CISSY S
70 099B-5050-006-05 5905 NORTHFRONT RD WOOD FAMILY DEVELOPMENT LLC 71 099B-5100-005-00 1080 CENTRAL AVE 1080 CENTRAL LLC
72 099B-5304-003-02 1893 N VASCO RD UNITARIAN UNIVERSALIST CHURCH

LIVERMORE
73 099B-5351-018-11 VASCO RD ALAMEDA COUNTY FLOOD CONTROL 74 099B-5401-009-00 LAUGHLIN RD LAUGHLIN KATHRYN M TR

EXHIBIT A
202
75 099B-5401-010-00 LAUGHLIN RD GARCIA TIMOTEO R & ELIZABETH N 76 099B-5401-011-00 788 LAUGHLIN RD LAUGHLIN KATHRYN M TR 77 099B-5401-012-00 6978 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID

TRANSIT DISTRICT
78 099B-5401-013-01 6884 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID

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

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

TRANSIT DISTRICT
81 099B-5401-017-00 6784 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID

TRANSIT DISTRICT
82 099B-5401-018-01 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID

TRANSIT DISTRICT
83 099B-5401-019-00 6690 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID

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

TRANSIT DISTRICT
85 099B-5425-004-00 801 HERMAN AVE SAN FRANCISCO BAY AREA RAPID

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

TRANSIT DISTRICT
87 099B-5425-006-00 6634 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID

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

TRANSIT DISTRICT
89 099B-5450-002-00 LAUGHLIN RD EAST BAY REGIONAL PARK DISTRICT Land Aquis. Dept
90 099B-5450-003-00 1467 LAUGHLIN RD EAST BAY REGIONAL PARK DISTRICT Land Aquis. Dept
91 099B-5700-002-07 151 GREENVILLE JDB PROPERTIES LLC
92 099B-5700-003-01 N GREENVILLE RD S P CO 872-1-99L-42 93 099B-5752-010-00 LONGFELLOW CT D J SMITH FAMILY PARTNERSHIP 94 099B-5752-011-00 LONGFELLOW CT D J SMITH FAMILY PARTNERSHIP 95 099B-5753-003-00 HAWTHORNE AVE 7770 HAWTHORNE LLC
96 099B-5753-007-00 7589 NATIONAL DR EVANS DAN L & KATHLEEN M TRS &

EVANS WAYNE ETAL
97 099B-5753-038-00 751-799 ENTERPRISE CT EVANS DAN L & KATHLEEN M TRS 98 099B-5753-039-00 750-758 ENTERPRISE CT Enterprise Court LLC 99 099B-5753-040-00 704-748 ENTERPRISE CT ENTERPRISE COURT LLC 100 099B-5753-045-00 NATIONAL DR EBI DEVELOPMENT GROUP LLC 101 099B-5753-063-00 7925 NATIONAL DR TOPCON POSITIONING SYSTEMS INC 102 099B-5753-064-00 7979 NATIONAL DR TOPCON POSITIONING SYSTEMS INC 103 099B-5753-065-00 7933 NATIONAL DR TOPCON POSITiONING SYSTEMS INC 104 099B-5875-029-00 SOUTHFRONT RD P G & E CO 135‐1‐43A‐1 105
099B-5900-002-09 5945 SOUTHFRONT RD SINGH JADWINDER & DHALIWAL ALKESH

K TRS ETAL
106 099B-8103-013-03 LAS POSITAS RD KAISER FOUNDATION HOSPITALS

EXHIBIT A
203
107 099B-8103-014-02 LAS POSITAS RD KAISER FOUNDATION HOSPITALS 108 099B-8103-024-00 LEISURE ST GERGES HANY E & LIDIA
109
099B-8103-025-00 LEISURE ST SANCHEZ CANDELARIO & VELVET S TRS ETAL
110
099B-8103-035-00 VAUGHN AVE TAMAR REALTY LAS POSITAS LOGISTICS

CENTER CA LP
111 099B-8104-007-00 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 112 099B-8104-008-00 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 113 099B-8104-009-00 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 114 099B-8104-010-00 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 115 099B-8104-011-00 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 116 099B-8110-046-00 SOUTHFRONT RD Livermore Medical LLC 117 099B-8110-062-00 LAWRENCE DR FORMFACTOR INC
118 099B-8110-064-00 LAWRENCE DR FORMFACTOR INC
119 099B-8110-078-00 200 N GREENVILLE RD DIAMOND LODGING INC 120 099B-8110-079-00 N GREENVILLE RD CABRE TECH SOLUTIONS INC 121 099B-8110-081-00 200 S FRONT RD PPV PROPERTIES LLC ETAL 122 099B-8117-024-03 LAUGHLIN RD HOM WING Y & LAI C TRS 123
099B-8120-053-00 DRY CREEK CT BLUFFS IN LIVERMORE OWNERS

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

ASSOCIATION
125 099B-8126-006-00 631 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 ISABEL PORTOLA OWNER LLC 133 903 -0010-047-00 PORTOLA AVE ISABEL PORTOLA OWNER LLC 134 903 -0010-048-00 PORTOLA AVE ISABEL PORTOLA OWNER LLC 135 903 -0010-052-00 PORTOLA AVE ISABEL PORTOLA OWNER LLC 136 903 -0010-053-00 PORTOLA AVE ISABEL PORTOLA OWNER LLC 137 903 -0010-054-00 PORTOLA AVE ISABEL PORTOLA OWNER LLC 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

EXHIBIT A
204
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) CIVIC NORTH CANYONS PARKWAY 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 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 ISABEL PORTOLA OWNER LLC
178 099 -0679-048-00 CHURCHILL DOWNS LN SHEN JIEYONG TR 179
099B-8129-005-00 Northfront Rd PENINSULA REAL ESTATE INVESTMENT LLC

EXHIBIT A
205
180
099B-5450-010-03 LAUGHLIN 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-5075-006-10 VASCO 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-5752-024-00 6877 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 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-2902-010-00 5054 ERICA WAY BENNETT LEON R
208 099A-2902-013-00 372 ERICA CT REPPAS JULIE V & STEVEN D 209 099A-2902-014-00 360 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

EXHIBIT A
206
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-8110-013-00 7480 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) AMRIK S JOHAL
224 097 -0143-056-00 1202 Concannon Blvd. RJ GRAYSON 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-5300-010-00 Vasco Rd ALBRIGHT SHARON L & ELK KAREN J

TRS & ELK KAR ETAL
234 099A-2936-007-00 2600 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
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-1400-013-01 EAST AVE W P CO
251 099A-1475-008-08 EAST AVE W P CO
252 099A-1475-008-02 GREENVILLE RD W P CO
* Ownership change – New owner notified via mail

EXHIBIT A
207

CITY COUNCIL STAFF REPORT
ITEM NO. 7.1

DATE:

April 10, 2023
TO:

Honorable Mayor and City Council
FROM:

Jeramy Young, Police Chief
SUBJECT:

Resolution receiving the Annual Review of Military Equipment Report, determining that the equipment identified in the report complies with applicable standards, and authorizing the Military Equipment Ordinance 2.36.200 to be renewed and remain in effect.

RECOMMENDED ACTION

Staff recommends City Council:

1 .

Accept the 2022 Annual Military Equipment Report;
2 .

Determine that the equipment identified in the report complies with the City's policy and the statutory requirements, and
3 .

Review Ordinance 2.36.200 and vote on whether to renew the ordinance.

SUMMARY
The Livermore Police Department regularly utilizes a wide range of equipment to provide effective public safety service to the community. This variety of equipment provides a multitude of options to help address and de-escalate situations that are often tense, uncertain, and rapidly evolving. Having the availability of different options minimizes the potential for harm to the public and police department staff.

In 2022, a new state law (AB481) required City Council to adopt, by ordinance, a policy pertaining to the funding, acquisition, and use of certain types of equipment utilized by the local police department. The law also mandated other considerations related to public engagement and annual reporting.

DISCUSSION
On September 30, 2021, Governor Newsom signed into law Assembly Bill 481, related to law enforcement’s funding, acquisition, and use of certain types of equipment, which the new law identifies as "military equipment". This designation of military equipment is not necessarily synonymous with items regularly utilized by the United States military or surplus items provided to law enforcement agencies through federal programs such as the 1033 program. None of the designated items possessed by the Livermore Police Department were obtained from the federal government through the 1033 program. 208

Many of the items identified in this legislation have been in local use for years, while others have never been used by the Livermore Police Department. Many of the designated items, such as bean bag launchers, are commonly used as alternatives to higher levels of force, while others are not directly related to the use of force by law enforcement (i.e., command post vehicles and non-weaponized robots/drones).

AB 481 was codified in Government Code Sections 7070 through 7075. The bill required law enforcement agencies to obtain City Council approval of an Equipment Policy via ordinance, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of certain equipment identified in the Government Code. All California law enforcement agencies wishing to continue their use of this equipment were required to commence the authorization process by May 1, 2022. The Livermore City Council complied with this requirement on April 11, 2022, by adopting Ordinance 2.36.200.

Government Code 7070 designates certain equipment as “military equipment”. Included in that definition are the following items possessed and/or used by the Livermore Police Department within the normal scope of operations (please refer to Attachment 4 for specific quantities and additional information):

Unmanned, remotely piloted, powered aerial or ground vehicles (note: these items are used for observation purposes only, and do not possess weapons capabilities) Armored personnel carriers
Wheeled vehicles that have an attached breaching or entry apparatus Command and control vehicles built or modified to facilitate the operational control and direction of public safety units.

Battering rams, slugs, and breaching apparatuses that are explosive in nature (this does not include a handheld, one-person ram)
Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code 30510 and Penal Code § 30515, except for standard- issue weapons.

Noise-flash diversionary devices and explosive breaching tools Munitions containing tear gas or OC (pepper spray), excluding standard, service-issued handheld pepper spray.

Kinetic energy weapons and munitions

Livermore Police Department policies and case law dictate when and how certain types of equipment may be used. Departmental equipment, especially any item that could be used as a force option, is expected to be used in a manner consistent with all applicable laws and policies. Department policies also require officers to utilize de-escalation and crisis intervention techniques, as well as other alternatives to force when feasible.

In addition to the equipment owned by the City of Livermore, use of allied agency equipment is also subject to the requirements of this policy. The use of equipment from allied agencies augments the department's inventory for command and control, scene safety, intelligence gathering, lethal force applications, and less-lethal force applications to meet the vast array of potential circumstances that might require law enforcement action. Many of those allied agency options may never actually be needed but are important tools to have available when facing uncertain and uncommon circumstances.

209
Government Code Section 7071(e)(2) allows the governing body of a city to approve the funding, acquisition, or use of military equipment, or other equipment as determined by the governing body to require additional oversight, within its jurisdiction only if it makes specified determinations, which include the following:

1 .

The equipment is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian.
2 .

The equipment policy (Policy 709) will safeguard the public’s welfare, safety, civil rights, and civil liberties.
3 .

The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian.
4 .

The policy is approved.

In addition to the initial requirements of the legislation, law enforcement agencies must also complete the following:

Designate a member of the department to act as the coordinator for the listed military.

Compliance: The department has complied with this requirement by designating a Force Options Unit Lieutenant as the coordinator. Additional staff will support the Force Options Unit Lieutenant in meeting all requirements.

Identify department equipment that qualifies as military equipment (as defined by Government Code Section 7070) in the current possession of the Livermore Police Department, or the equipment the Livermore Police Department intends to acquire that requires approval by the governing body.

Compliance: The department has complied with this requirement by conducting a related inventory of current equipment (attached hereto and incorporated by reference) and by identifying future acquisitions as part of the budget.

Conduct an inventory of all listed equipment.

Compliance: The department has completed the current inventory and has added the inventory as an attachment.

Collaborate with any allied agency that may use listed equipment within the jurisdiction of the Livermore Police.

Compliance: The department has collaborated with allied agencies and included allied agency assets in the “Allied Agency Equipment” section of the attached equipment inventory. This collaboration includes the department’s partnership with the Pleasanton Police Department to form a joint SWAT team, known as the East County Tactical Team. Additional forms of listed equipment should not be used in this jurisdiction, except in exigent circumstances with the approval of the Chief of Police or his/her designee.

Any such exigent use shall be reported to the public on the department’s website within 30 days of its use unless it is deemed to be confidential under the law. Applicable reporting shall include a description of the item used, the general reason for its use, and any reasonably known fiscal impact resulting from 210
the equipment use.

Prepare for, schedule, and coordinate an annual community engagement meeting to include publicizing the details of the meeting and preparing for public questions regarding the department’s funding, acquisition, and use of listed equipment.

Compliance: The Force Options Unit Lieutenant has been designated to complete this requirement, commencing this year. A community meeting was held on March 21, 2023, at the Livermore Police Department.

Prepare an annual report for submission to the Chief of Police and ensure that the report is made available on the department website.

Compliance: The Force Options Unit Lieutenant and the Professional Standards Unit Sergeant have been assigned to complete this task on an annual basis. See 2022 attached report.

Establish a procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of equipment listed by Government Code section 7070 and how the department will respond in a timely manner.

Compliance: The Professional Standards Unit Sergeant has been assigned to meet this requirement by adding an applicable section and email link to the Livermore Police Department website. There were no complaints or concerns in 2022.

Staff has worked diligently to comply with all requirements of this legislation. Additionally, staff plans to include future acquisition authorizations through the regular budget approval process.

FISCAL AND ADMINISTRATIVE IMPACTS

This legislation is not expected to have any significant fiscal or administrative impacts beyond the labor required to meet the annual inventory and transparency related requirements.

COMMUNITY PILLAR
1: A Safe Community that Thrives

GOAL
3: Implement processes that ensure a high degree of public trust and community support

ATTACHMENTS

1. Livermore Police Department Policy 709 - Military Equipment

2. 2022 Military Equipment Inventory

3. Ordinance 2.36.200

4. Resolution

5. Exhibit A - 2022 Annual Military Equipment Report

211
Prepared by: Joseph Draghi
Police Lieutenant

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
212
Policy
709
Livermore Police Department
Livermore PD Policy Manual
Copyright Lexipol, LLC 2023/03/08, All Rights Reserved.

Published with permission by Livermore Police Department Military Equipment - 1
Military Equipment
709.1 PURPOSE AND SCOPE
State
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
State
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Published with permission by Livermore Police Department Military Equipment - 2
709.2 POLICY
State
It is the policy of the Livermore Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
Best Practice MODIFIED
The Force Options Unit Lieutenant shall act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Livermore Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.

The military equipment coordinator may delegate the above tasks as he/she deems appropriate, but will be responsible for ensuring the completion of all listed duties. 709.4 MILITARY EQUIPMENT INVENTORY
State
The following constitutes a list of qualifying equipment for the Department:
[Insert attachment here]
709.5 APPROVAL
State
ATTACHMENT 1
214
Livermore Police Department
Livermore PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/03/08, All Rights Reserved.

Published with permission by Livermore Police Department Military Equipment - 3
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
State MODIFIED
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy.

Approved equipment includes items used by the East County Tactical Team (ECTT), which is a combined SWAT and Crisis Negotiations Team operated by members of the Livermore and Pleasanton Police Departments. ECTT equipment, as well as known resources from other local entities, such as the Alameda County Sheriff's Office, is listed in the annual inventory as Allied Agency Equipment.

Under exigent circumstances, and with the approval of the Chief of Police or designee, additional types of military equipment may be deployed from other entities to promote the safety and security of the public and/or Livermore Police Department staff. In such cases, the military equipment coordinator shall report the use on the department's website within 30 days of the event unless such information is deemed to be confidential under the law. The report shall include the type of equipment used, the reason it was used, and any fiscal impact from its use. 709.7 ANNUAL REPORT
State
ATTACHMENT 1
215
Livermore Police Department
Livermore PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/03/08, All Rights Reserved.

Published with permission by Livermore Police Department Military Equipment - 4
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITY ENGAGEMENT
State
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
709.9 POLICY REVIEW
Agency Content
This policy was reviewed by Captain Boberg.

ATTACHMENT 1
216
Livermore Police Department Military Equipment Inventory 1 LPD Military Equipment (CA GC 7070)
Type Armored vehicle: LPD White Armor
Description Armored vehicle that seats 8-10 personnel with open floor plan that allows for rescue of downed personnel or other victims. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.

Quantity 1
Capabilities Armor rated to .50 cal.

Expected lifespan 10+ years (acquired in 2014)
Manufacturer's description GMC C4500 (custom built) Duramax diesel engine-powered personnel carrier with ballistic glass and armor rated to .50 cal.

Purpose and authorized uses To provide for the safe transport, security, and rescue of agency personnel and citizens in high-risk incidents.

Fiscal impact Vehicle provided by LLNL. Initial outfitting cost $42,012. Annual maintenance cost $6,700.

Legal and procedural rules It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

Required training Agency authored course and annual refresher.

Compliance mechanisms The use of armored vehicles shall only be authorized by a watch commander, SWAT commander, or appropriate supervisor, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training -Policy 706.

Type Patrol Rifle, Colt
Description COLT 6933EPR is a semi-automatic, light weight, air-cooled, gas-operated, magazine-fed, shoulder fired weapon system. Chambered in .223 Rem/5.56NATO. Generally equiped with a light, electronic sight, and sling.

Quantity 105
Capabilities Semi-automatic fire from close range to anything beyond practical handgun engagement distances.

Expected lifespan 10 years
Manufacturer's description
Built for the demanding use of those who protect our communities everyday, the Colt Enhanced Patrol Rifle (EPR) is the next evolution in the world's most dependable, thoroughly field-tested patrol rifle. Featuring an extended handguard that accepts modular rail segments for mounting a wide varietyof pro-grade optics, lighting, and ergonomics-enhancing accessories, as well as the highlydurable Magpul® MBUS® Pro Series front and rear back up sights and B5 Bravo buttstock. The Colt EPR reestablishes the Colt AR-15® as the finest tool for local, regional, and national law enforcement agencies.

Purpose and authorized uses
To project lethal force when reasonably necessary at a greater distance and with more accuracy than department issued handguns.

Fiscal impact Approximately 10 rifles per year at $2000 per unit, fully equipped, and on- going maintenance cost of approx. $50 per rifle/year.

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Livermore Police Department Military Equipment Inventory 2 Legal and procedural rules Use established under policy 300 and 311 for official law enforcement purposes and pursuant to State and Federal law regarding use of force.

Required training POST certification and annual department qualification for authorized users Compliance mechanisms Policy 300, 311
Type Semi Automatic Rifle, NEMO
Description Semi-automatic, light weight, air-cooled, gas-operated, magazine-fed, shoulder fired weapon system. Chambered in .308 NATO. Generally equiped with a light, electronic or magnified optic, and sling.

Quantity 3
Capabilities Semi-Automatic fire from close range to anything beyond practical handgun engagement distances.

Expected lifespan 10 years
Manufacturer's description
The XO 16-inch is compact and extremely maneuverable. The 16” Bartlein-blank barrel produces groups well into the sub-moa range with quality optics and ammunition. Accuracy is further enhanced with the addition of a Geissle Super Dynamic Enhanced (SD-E) two stage trigger and NEMO’s recoil reducing bolt carrier—an industry first.

Purpose and authorized uses To project lethal force when reasonably necessary at a greater distance and with more accuracy than department issued handguns.

Fiscal impact $5500 per unit, fully equipped plus annual maintenance cost of $100/year per rifle
Legal and procedural rules Use established under policy 300 and 311 for official law enforcement purposes and pursuant to State and Federal law regarding use of force.

Required training Post Certification and annual qualification for authorized users.

Compliance mechanisms Policy 300
Type 12 Gauge Less Lethal Launcher (Shotgun)
Description Remington 870 12 gauge less lethal launcher, generally brightly colored to distinguish from lethal weapons platforms. This platform launches 12 gauge drag-stabilized bean bag rounds and may be equiped with a side- saddle, light, sights, and orange-colored sling
Quantity 26
Capabilities Operational range between 20 and 75 feet
Expected lifespan 10 years
Manufacturer's description (From Remarms website): Remington 870 shotgun has a dependable action that makes it America's favorite, and our continual upgrades make it the most advanced, well-rounded family of pump shotguns around. Along with continually evolving designs, this shotgun’s superiority is a matter of rugged dependability, great pointing characteristics and versatility. In fact, the Model 870™ has been the standard for slide-action performance for more than 60 years.

Purpose and authorized uses Asssit in deescalating conflict to compel an individual to cease thier actions when such munitions present a reasonable option. A verbal warning of the intended use of the device should precede its application.

Fiscal impact Unit cost of $1000 each, fully equipped, per 10 years.

Legal and procedural rules Policy 300, 311, 307
Required training Lecture, demonstration, practical application Compliance mechanisms Subject to appliacble policies (300, 307) Type 40mm Launcher
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Livermore Police Department Military Equipment Inventory 3 Description Single shot, 40mm launcher (may be from different vendors), with 14" barrel. Generally equipped with an electroinc sight, light and brightly colored (orange) sling.

Quantity 8
Capabilities Capable of deploying exact impact 40mm sponge rounds including those with a chemical (OC or CS) payload or marking. Operational range between 5 and 120 feet.

Expected lifespan 10 years
Manufacturer's description The 40mm Launcher can fire all Defense Technology® 37/40mm and 40mm rounds. It incorporates an aluminum rifled barrel that comes equipped with a top & bottom 12” Picatinny rail and front & rear pop-up adjustable sights.

It will support the use of additional optics, sights and accessories with the 12” Picatinny rails and the folding stock allows for convenient carrying and storing of the launcher. A one-point sling w/ quick release is included.

Additional rails may be purchased and mounted on the sides of the barrel.

Fiscal impact $2200 per unit, fully equipped.

Legal and procedural rules Policy 300, 307
Required training Lecture, demonstration, practical application Compliance mechanisms Policy 300 and 307
Type 40mm Multi-Launcher
Description A 40mm single-shot launcher inteded to deploy various less lethal munitions. Generally equipped with a brightly colored sling, electronic sight and light.

Quantity 1 (1 sought)
Capabilities Capable of deploying chemical payload in the form of OC (oleoresin capsicum) or CS (2-chlorobenzalmalononitrile) or foam projectiles from 5- 120 feet.

Expected lifespan 15 years
Manufacturer's description
A tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and two point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems.

Fiscal impact $2500 replacement cost plus ongoing maintenance Legal and procedural rules Policy 300, 307
Required training Lecture, demonstration, practical application Compliance mechanisms Policy 300 and 307
Type FN303 launcher
Description A .68 caliber, Semi-Automatic, lightweight, compressed-air operated, magazine fed, shoulder fired less lethal launcher. Generally equipped with an electronic sight, light, and brightly colored sling.

Quantity 7
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Livermore Police Department Military Equipment Inventory 4 Capabilities Capable of deploying .68 caliber polystyrene and bismuth projectiles including those with a chemical (OC powder) payload or marking.

Operational range between 3 and 164 feet.

Expected lifespan 10 years
Manufacturer's description The FN303 Less Lethal Launcher is constructed from durable lightweight polymer with comfortable ergonomics and an easy to operate safety. The FN303 Launcher is equipped with both flip-up iron sights and an integrated MIL-STD-1913 top mounting rail for optical or electronic sights or other accessories. The lightweight polymer magazine holds 15 projectiles and offers a clear rear cover to allow the operator to instantly verify both the payload type and the number of projectiles remaining.

Fiscal impact $2700 per unit, fully equipped, plus ongoing maintenance, compressed air costs.

Legal and procedural rules Policy 300, 307
Required training Lecture, demonstration, practical application Compliance mechanisms Policy 300, 307
Type Ammunition: .223 Remington 62gr GDSP
Description .223 Speer Gold Dot 62gr GDSP
226 cases (at 500 rounds each)
Capabilities Semi-automatic fire from close range to anything beyond practical handgun engagement distances.

Expected lifespan 10 years
Manufacturer's description
Speer® Gold Dot® ammunition’s reliability has made it the No. 1 choice for law enforcement, and we offer the same performance for self-defense rifle applications. Gold Dot rifle is engineered to provide industry-leading performance in FBI protocol testing through barrels less than 16 inches long. Its bullets are built using Speer’s exclusive Uni-Cor® method. The jacket is bonded to the core one atom at a time, virtually eliminating core- jacket separation and creating a projectile that’s accurate, tough and consistent through all common barriers.

Purpose and authorized uses Agency authorized ammunition for patrol rifle Fiscal impact Replace annual consumption at $290.00
Legal and procedural rules 311.3.6
Required training Continued Professional Training, Post Certification for patrol rifle operators, annual qualification.

Compliance mechanisms Policy 311
Type Ammunition: .223 Remington 55gr FMJ
Description .223 American Eagle (Federal) 55gr Gr. FMJ
Quantity 263 cases (at 500 rounds each)
Capabilities Training ammunition for live-fire practice from close range to anything beyond practical handgun engagement distances
Expected lifespan 10 years
Manufacturer's description
Offering outstanding performance at an economical price, Federal American Eagle .223 Remington 55 gr FMJ rifle ammo is boxer primed, brass cased and available in both 20-round box and bulk-packed quantities Purpose and authorized uses Agency authroized training ammunition for patrol rifle Fiscal impact $190/case to replace annual consumption
Legal and procedural rules Policy 311
Required training Continued Professional Training, Post Certification for patrol rifle operators, annual qualification.

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Livermore Police Department Military Equipment Inventory 5 Compliance mechanisms Policy 311
Type Ammunition: .223 Remington Frangible
Description .223 Remington 42 gr RHT ballistcilean cartridge Quantity 138 cases (at 500 rounds each)
Capabilities Training ammunition for use on steel targets Expected lifespan 10 years
Manufacturer's description
This frangible ammunition makes an excellent training load for AR-15s and other .223/5.56 NATO rifles due to its non-toxic, non-ricocheting nature.

Each .223 Remington cartridge fires a 42 grain compressed metal bullet that disintegrates into powder on contact with a target, leaving behind only non-toxic residue. Ideal for shooting steel targets
Purpose and authorized uses Training ammunition for use on steel targets Fiscal impact $350/case to replace annual consumption
Legal and procedural rules Policy 311
Required training Continued Professional Training, Post Certification for patrol rifle operators, qualification.

Compliance mechanisms Policy 311
Type Ammunition: .308 Winchester Black Hills 168gr. Amax Description .308 Winchester Black Hills 168gr Amax
Quantity 0 rounds
Capabilities Ammunition for agency authorized Semi-automatic fire from close range to anything beyond practical handgun engagement distances.

Expected lifespan 10 years
Manufacturer's description Versatile loads optimized for excellent performance.

Purpose and authorized uses Agency authorized ammunition for NEMO rifle Fiscal impact No longer being purchased exhaust existing inventory.

Legal and procedural rules Policy 311 and 408
Required training Continued Professional Training, Post Certification for patrol rifle operators, annual qualification.

Compliance mechanisms Policy 311 and 408
Type Ammunition: .308 Winchester Black Hills 180gr Accubond Description Agency authorized ammunition for NEMO rifle Quantity 3000 rounds
Capabilities Ammunition for agency authorized Semi-automatic fire from close range to anything beyond practical handgun engagement distances.

Expected lifespan 10 years
Manufacturer's description This ammunition is new production and non-corrosive in boxer-primed, reloadable brass cases
Purpose and authorized uses Agency authorized ammunition for NEMO rifle Fiscal impact $168/100 to replace annual consumption
Legal and procedural rules Policy 311 and 408
Required training Continued Professional Training, Post Certification for patrol rifle operators, qualification.

Compliance mechanisms Agency authorized ammunition for NEMO rifle Type Ammunition: .308 Winchester Black Hills 168gr. ELD-M Description Agency authorized ammunition for NEMO rifle Quantity 5400 rounds
Capabilities Ammunition for agency authorized Semi-automatic fire from close range to anything beyond practical handgun engagement distances.

Expected lifespan 10 years
Manufacturer's description This ammunition is new production and non-corrosive in boxer-primed, reloadable brass cases
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Livermore Police Department Military Equipment Inventory 6 Purpose and authorized uses Agency authorized ammunition for NEMO rifle Fiscal impact $158.50/100 to replace annual consumption Legal and procedural rules Policy 311 and 408
Required training Continued Professional Training, Post Certification for patrol rifle operators, qualification.

Compliance mechanisms Policy 311 and 408
Type Projectile: 40mm Exact Impact
Description 40mm, foam-tipped kinetic energy projectile fired from an agency- authorized 40mm launcher.

Quantity 242
Capabilities Operational range 5-120 ft.

Expected lifespan 5 yrs.

Manufacturer's description a lightweight, high-speed projectile consisting of a plastic body and a foam (sponge) nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel.

Purpose and authorized uses To compel an individual to cease his/her actions when such munitions present a reasonable option. A verbal warning of the intended use of the device should precede its application.

Fiscal impact Approximately 40 per year at $25 per round Legal and procedural rules Refer to policies 300, 307
Required training Department training including qualification Compliance mechanisms Use is subject to the applicable policies (300, 307) Type Projectile: 40mm Direct Impact OC
Description 40mm, foam-tipped kinetic energy projectile fired from an agency- authorized 40mm launcher and carrying an OC payload
Quantity 171 rounds
Capabilities Operational range from 5-120 feet
Expected lifespan 5 years
Manufacturer's description The 40 mm Direct Impact® Round consists of a plastic body and a crushable foam nose that contains a powder payload. This payload area can hold inert, marking, OC or CS powder. The crushable foam nose dissipates energy upon impact while releasing the powder payload.

Purpose and authorized uses To compel an individual to cease his/her actions when such munitions present a reasonable option, and to deliver a chemical (OC) payload where appropriate. A verbal warning of the intended use of the device should precede its application.

Fiscal impact $35 per round
Legal and procedural rules Refer to policies 300, 307
Required training Department training including qualification Compliance mechanisms Use is subject to the applicable policies (300, 307) Type Projectile: 40mm Direct Impact Marking
Description 40mm, foam-tipped kinetic energy projectile fired from an agency- authorized 40mm launcher and carrying a marking paint payload Quantity 87 rounds
Capabilities Operational range from 5-120 feet
Expected lifespan 5 years
Manufacturer's description The 40 mm Direct Impact® Round consists of a plastic body and a crushable foam nose that contains a powder payload. This payload area can hold inert, marking, OC or CS powder. The crushable foam nose dissipates energy upon impact while releasing the powder payload.

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Livermore Police Department Military Equipment Inventory 7 Purpose and authorized uses To compel an individual to cease his/her actions when such munitions present a reasonable option, and to deliver a marking paint payload where appropriate. A verbal warning of the intended use of the device should precede its application.

Fiscal impact $35 per round
Legal and procedural rules Refer to policies 300, 307
Required training Department training including qualification; Compliance mechanisms Use is subject to the applicable policies (300, 307) Type Projectile: 40mm Ferret Round
Description 40mm Barrier penetrator
Quantity 50
Capabilities Barrier pentration to deliver OC or CS payload into a structure from 50-200 yards. Velocity 450fps.

Expected lifespan 5 years
Manufacturer's description The Ferret® 40mm Round is a frangible projectile filled with chemical agent.

It is designed to deliver chemical agents in barricade situations from a 40mm launcher. Spin stabilization from fins and barrel rifling affords maximum stand-off distance and accuracy for safety.

Purpose and authorized uses The Ferret® 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows and hollow core doors. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle.

Fiscal impact $23 per round. Approximately $2500 per year for training and operational readiness.

Legal and procedural rules Policy 300, 307, and 408
Required training Department training including qualification; Compliance mechanisms Policy 300, 307, and 408
Type Projectile: 12ga drag-stabilized bean bag round
Description 12 Gauge drag stabilized bean bag round
Quantity 315 rounds
Capabilities Operational range from 20-75 feet
Expected lifespan 5 years
Manufacturer's description The 12-Gauge Drag Stabilized™ Round is comprised of a translucent 12- Gauge shell loaded with a 40 gram, tear shaped bag made from a cotton and ballistic material blend and filled with #9 shot. This design utilizes four (4) stabilizing tails. The 12-Gauge Drag Stabilized™ Round utilizes smokeless powder as the propellant.

Fiscal impact $6.27 per round
Legal and procedural rules Refer to policies 300, 307
Required training Department training including qualification Compliance mechanisms Use is subject to the applicable policies (300, 307) Type Projectile: .68 caliber PAVA/OC Powder
Description 8.5gram fin-stabilized polystyrene body and non-toxic bismuth forward payload.

Quantity 14 cases of 160 rounds
Capabilities Operational range from 3 to 164 feet
Expected lifespan 3 years
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Livermore Police Department Military Equipment Inventory 8 Manufacturer's description This projectile is intended as an irritant for individual suspects, point- specific targets or small area denial. The active ingredient is 0.5% PAVA/OC in a powder form for ease of storage, deployment and clean-up.

Fiscal impact $500 per case
Legal and procedural rules Policy 300, 307
Required training Department training including qualification; Compliance mechanisms Policy 300, 307
Type Projectile: .68 caliber Indelible Paint
Description 8.5gram fin-stabilized polystyrene body and non-toxic bismuth forward payload and a secondary payload of indelible paint.

Quantity 11 cases of 150 rounds
Capabilities Operational range from 3 to 164 feet
Expected lifespan 3 years
Manufacturer's description This projectile is intended for marking suspects and objects with an indelible colorant for later identification, arrest or questioning Purpose and authorized uses To compel an individual to cease his/her actions when such munitions present a reasonable option, and to deliver a marking paint payload where appropriate. A verbal warning of the intended use of the device should precede its application.

Fiscal impact $500 per case
Legal and procedural rules Policy 300, 307
Required training Department training including qualification; Compliance mechanisms Policy 300, 307
Type Projectile: .68 caliber Inert Powder
Description 8.5gram fin-stabilized polystyrene body and non-toxic bismuth forward payload along with a secondary payload of simulated irritant powder.

Quantity 9 cases of 150 rounds
Capabilities Operational range from 3 to 164 feet
Expected lifespan 3 years
Manufacturer's description This projectile is intended for training and contains a simulated irritant powder
Purpose and authorized uses Training projectile for accuracy and scenario training of authorized personnel
Fiscal impact $500 per case
Legal and procedural rules Policy 300, 307
Required training Department training including qualification; Compliance mechanisms Policy 300, 307
Type Kinetic Breaching Tool (KBT)
Description
A 36" mechanical breaching device designed to be used in any space.

This tool employs the best of physics in the form of a self-contained, jack-hammer style impact ram driven by a powder-actuated cartridge.

This allows a large amount of energy to be precisely directed into locking mechanisms, hinges, or braces while minimizing the chances of collateral projectiles. This device can be used by officers of all sizes.

There is no swinging motion required and can significantly reduce injuries of properly trained officers.

Quantity 3 devices
Capabilities 8 shots capable of breaching steel security doors.

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Livermore Police Department Military Equipment Inventory 9 Expected lifespan 10+ years
Manufacturer's description
A mechanical breaching tool that bridges the gap between traditional mechanical breaching, shotgun breaching, and explosive entry. The KBT utilizes a proprietary .45 Caliber handgun blank to deliver up to 850 ft/lb of force through a hardened steel ram. Unlike explosive or shotgun breaching, however, all of the force is mechanically driven through a ram. This means that no projectile or explosive energy leaves the device except for the force of the ram which is permanently captured in the device. The ramming surface is narrow enough to focus on a single hinge, yet powerful enough to breach steel security doors.

Purpose and authorized uses
To provide immediate entry into secure structures to protect life, property, or evidence as necessary and authorized by law.

Fiscal impact
$10,628 initial cost; $800 annually for training and operational ammunition.

Legal and procedural rules
It is the policy of LPD to utilize the KBT only for official law enforcement purposes pursuant to State and Federal law. Refer to policies 321.

Required training Agency-authored orientation course; annual refresher.

Compliance mechanisms
To be used by officers who have been trained in the proper use as directed by a watch commander, SWAT commander, or appropriate supervisor, based on the specific circumstances of a given critical incident.

Type GasRam™
Description
The GasRam™ is a 35-pound metal device with similar characteristics to a breaching ram (weighted device with handles used to swing the GasRam™
in a pendulum motion). The obvious difference present is a canister and probe designed to deploy gas into specific areas of a structure with minimal risk of starting a fire.

Quantity 2 (1 maintained by LPD and 1 maintained by PPD) Capabilities Deliver 1 canister of irritant into a specific area of a structure.

Expected lifespan 10 years
Manufacturer's description
The GasRam™ is a multi use tool that can be utilized for forced entry as a door ram or be deployed as a pyrotechnic non-Lethal chemical agent delivery system. One or two man delivery teams can use the GasRam™.

Pyrotechnic non-lethal chemical agent can be dispensed through walls, doors, sheet metal siding and into vehicles.

Purpose and authorized uses
Used to deploy non-lethal chemical agents into a structure in order to successfully resolve a barricade situation. This is a de-escalation tactic used prior to potentially forcing conflict inside the structure and placing officers at risk.

Fiscal impact $3,100 initial cost; no expected annual maintenance costs.

Legal and procedural rules
It is the policy of LPD to utilize the Burn Safe only for official law enforcement purposes pursuant to State and Federal law. Refer to policies 300, 307, 321, and 408.

Required training Agency-authored orientation course; annual refresher.

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Livermore Police Department Military Equipment Inventory 10 Type BurnSafe™
Description
The BurnSafe™ is designed to deploy gas into a structure with minimal risk of starting a fire. The BurnSafe™ is a double walled container constructed of aluminum, which will contain the flames inside the inner chamber thereby reducing the probability of starting a fire.

Quantity 2 (1 maintained by LPD and 1 maintained by PPD) Capabilities Deliver 1 canister of irritant into a specific area of a structure.

Expected lifespan 10 years
Manufacturer's description
The BurnSafe™ is a double walled container constructed of aluminum. It is designed to contain the flames inside the inner chamber thereby reducing the probability of starting a fire. The BurnSafe™ allows the introduction of significant amounts of pyrotechnic non-lethal chemical agent into the target, which increases the probability of a successful resolution. The use of pyrotechnic agents has been proven to be a more effective non-lethal method of penetrating a fortified structure. The use of the BurnSafe™ will increase your team’s effectiveness and provide you with an alternative delivery system.

Fiscal impact $2,700 initial cost; no expected annual maintenance costs.

Legal and procedural rules
It is the policy of LPD to utilize the BurnSafe™ only for official law enforcement purposes pursuant to State and Federal law. Refer to policies 300, 307, 321, and 408.

Required training Agency-authored orientation course; annual refresher.

Type Community Outreach Vehicle (COV)
Description A mobile office that provides shelter, access to Police Department computer systems, and restroom facilities on extended events.

Quantity 1
Capabilities The COV can also be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events.

Expected lifespan The COV, 20-year lifespan on chassis and vehicle structure. Upgrades were made in 2018 to maintain IT systems.

Manufacturer's description Freightliner Chassis (custom built) vehicle.

Purpose and authorized uses To be used based on the specific circumstances of a given critical incident, large event, natural disaster or community event that is taking place. The COV shall be used by officers trained in their deployment and in a manner consistent with Department policy and training. Furthermore, only officers who have completed the California Class B Commercial driving school and properly licensed will be allowed to drive the COV.

Fiscal impact $996,000 initial cost. Annual maintenance is approximately $4,466.

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Livermore Police Department Military Equipment Inventory 11 Legal and procedural rules It is the policy of the Department to use the COV only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

Required training The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle throughout the city with an experienced driver. Driver/operators shall also undergo California Department of Motor Vehicles commercial
vehicle testing.

Compliance mechanisms To be used by officers who have been trained in the proper use as directed by a watch commander, SWAT commander, or appropriate supervisor, based on the specific circumstances of a given critical incident or other law enforcement purpose (policy 706).

Type Breaching Round: Royal Arms TESAR 1
Description Orange Cap 2-3/4” 275 Grain Compressed Copper Frangible 12 Ga Shotgun Slug
Quantity 132
Capabilities Defeats Solid Wood Doors, Locks & Hinges
Expected lifespan 5 years
Manufacturer's description Orange Cap 2-3/4” 275 Grain Compressed Copper Frangible 12 Ga Shotgun Slug
Purpose and authorized uses
To provide immediate entry into secure structures to protect life, property, or evidence as necessary and authorized by law. The round is fired from a breaching shotgun and is used to destroy wood doors; both solid & hollow.

Fiscal impact $4.50 per round
Legal and procedural rules It is the policy of LPD to utilize breaching rounds only for official law enforcement purposes pursuant to State and Federal law. Refer to policies 321 and 408.

Required training Agency-authored orientation course; annual refresher.

Compliance mechanisms To be used by officers who have been trained in the proper use as directed by a watch commander, SWAT commander, or appropriate supervisor, based on the specific circumstances of a given critical incident.

Type Breaching Round: Royal Arms TESAR 2
Description Black Cap 2-3/4” 425 Grain Compressed Copper Frangible 12 Ga Shotgun Slug
Quantity 36
Capabilities Defeats Heavy Locks, Dead-bolts and Hinges (Solid Oak – Steel Doors) Expected lifespan 5 years
Manufacturer's description Black Cap 2-3/4” 425 Grain Compressed Copper Frangible 12 Ga Shotgun Slug
Purpose and authorized uses
To provide immediate entry into secure structures to protect life, property, or evidence as necessary and authorized by law. The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges.

Required training Agency-authored orientation course; annual refresher.

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Livermore Police Department Military Equipment Inventory 12 Compliance mechanisms To be used by officers who have been trained in the proper use as directed by a watch commander, SWAT commander, or appropriate supervisor, based on the specific circumstances of a given critical incident.

Type Breaching Round: Royal Arms TESCR 3
Description Green Cap 2-3/4” 375 Grain Clayvon® Frangible 12 Ga Shotgun Slug Quantity 36
Capabilities Defeats all locks, cross-bolts and hinges. (Hollow Core Doors – Light Steel doors)
Expected lifespan 5 years
Manufacturer's description Green Cap 2-3/4” 375 Grain Clayvon® Frangible 12 Ga Shotgun Slug Purpose and authorized uses To provide immediate entry into secure structures to protect life, property, or evidence as necessary and authorized by law. The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges.

Required training Agency-authored orientation course; annual refresher.

Compliance mechanisms To be used by officers who have been trained in the proper use as directed by a watch commander, SWAT commander, or appropriate supervisor, based on the specific circumstances of a given critical incident.

Type Breaching Round: Royal Arms TESAR 4
Description Yellow Cap 2-3/4” 750 Grain Copper/S-70 Steel Frangible 12 Ga Shotgun Slug
Quantity 48
Capabilities Defeats class 3 doors, locks & hinges
Expected lifespan 5 years
Manufacturer's description Yellow Cap 2-3/4” 750 Grain Copper/S-70 Steel Frangible 12 Ga Shotgun Slug
Purpose and authorized uses To provide immediate entry into secure structures to protect life, property, or evidence as necessary and authorized by law. The round is fired from a breaching shotgun and is used to destroy deadbolts, locks, and hinges.

Fiscal impact $5.00 per round
Legal and procedural rules It is the policy of LPD to utilize breaching rounds only for official law enforcement purposes pursuant to State and Federal law. Refer to policies 321 and 408.

Required training Agency-authored orientation course; annual refresher.

Compliance mechanisms To be used by officers who have been trained in the proper use as directed by a watch commander, SWAT commander, or appropriate supervisor, based on the specific circumstances of a given critical incident.

Type Breaching Round: Royal Arms HP CUTTER
Description Silver Cap 2-3/4” 450 Grain Hardened Steel Slug NON-Frangible 12 Ga Shotgun Slug
Quantity 36
Capabilities Cuts re-bar, penetrates security glass, car doors, punches into engine blocks Expected lifespan 5 years
Manufacturer's description Silver Cap 2-3/4” 450 Grain Hardened Steel Slug NON-Frangible 12 Ga Shotgun Slug
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Livermore Police Department Military Equipment Inventory 13 Purpose and authorized uses To provide immediate entry into secure structures to protect life, property, or evidence as necessary and authorized by law. The round is fired from a breaching shotgun and is used to cut rebar, penetrate security glass, car doors, and
can penetrate engine blocks.

Required training Agency-authored orientation course; annual refresher.

Compliance mechanisms To be used by officers who have been trained in the proper use as directed by a watch commander, SWAT commander, or appropriate supervisor, based on the specific circumstances of a given critical incident.

Type Riot CS or OC Smoke
Description An approximately 2.6"x 6.2" irritant and smoke pyrotechnic device.

Quantity 45
Capabilities This launchable device delivers approximately 65.3 grams of active agent in approximately 20-40 seconds.

Expected lifespan 5 years
Manufacturer's description Large diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports. Specifically for outdoor use and should not be deployed on rooftops, in crawl spaces or indoors due to potential fire hazard. Can be hand thrown or launched.

Discharge duration can reach up to 40 seconds.

Purpose and authorized uses This device can be used to conceal tactical movement or to route a crowd.

Fiscal impact $35 per canister.

Legal and procedural rules
It is the policy of the Department to utilize chemical agent devices only for official law enforcement purposes, and pursuant to State and Federal law. Refer to policy 300 and 307.

Required training POST Basic SWAT Operator course or equivlant; annual department refresher.

Compliance mechanisms To be used by officers who have been trained in the proper use as directed by a watch commander, SWAT commander, or appropriate supervisor, based on the specific circumstances of a given critical incident.

Type Spede-Heat™ CS or OC Smoke
Description An approximately 2.62"x 6.12" irritant and smoke pyrotechnic device.

Quantity 48 (additional devices maintained by PPD)
Capabilities This launchable device delivers approximately 81.2 grams of active agent in approximately 20-40 seconds.

Expected lifespan 5 years
Manufacturer's description The Spede-Heat™ CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the can-ister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent.

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Livermore Police Department Military Equipment Inventory 14 Purpose and authorized uses The device is designed primarily for tactical situations to detect and/or dislodge a barricaded subject. It is used as a de-escalation tool to encourage surrender and minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects.

Fiscal impact $35 per canister. Approximately $1200 per year for training and operational Legal and procedural rules
It is the policy of the Department to utilize chemical agent devices only for official law enforcement purposes, and pursuant to State and Federal law. Refer to policy 300, 307, and 408.

Required training POST Basic SWAT Operator course or equivlant; annual department refresher.

Compliance mechanisms To be used by officers who have been trained in the proper use as directed by a watch commander, SWAT commander, or appropriate supervisor, based on the specific circumstances of a given critical incident.

Type Flameless Expulsion CS or OC Smoke
Description An approximately 1.65"x 7.5" irritant and smoke pyrotechnic device.

Quantity 22 (additional devices maintained by PPD)
Capabilities Delivers approximately 4.5 grams of active agent during its 3 second discharge time.

Expected lifespan 5 years
Manufacturer's description The CS Flameless Expulsion Grenade is a compact, non-pyrotechnic, chemical agent device that provides safe expul-sion without risk of fire. It is safe to use inside of a residence. Unlike pyrotechnical grenades, this device’s contents are ex-pelled upon actuation of a CO2 cartridge that will affect a con-fined area of approximately 1500 square feet. This grenade is

7.5 in. by 1.65 in. and delivers approximately .16 oz. of active agent during its 3-second discharge time.

Purpose and authorized uses The device is designed primarily for tactical situations to detect and/or dislodge a barricaded subject. It is used as a de-escalation tool to encourage surrender and minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects.

Fiscal impact $48 per canister. Approximately $1000 for trainining and operational readine Legal and procedural rules
It is the policy of the Department to utilize chemical agent devices only for official law enforcement purposes, and pursuant to State and Federal law. Refer to policy 300, 307, and 408.

Required training POST Basic SWAT Operator course or equivlant; annual department refresher.

Compliance mechanisms To be used by officers who have been trained in the proper use as directed by a watch commander, SWAT commander, or appropriate supervisor, based on the specific circumstances of a given critical incident.

Type Baffled CS or OC Smoke
Description
An approximately 2.6"x 6.2" irritant and smoke pyrotechnic device.

Quantity 0 (50 sought)
Capabilities Delivers approximately 23.5 grams of active agent during its 3 second discharge time.

Expected lifespan 5 years
Livermore Police Department
ATTACHMENT 2
230
Livermore Police Department Military Equipment Inventory 15 Manufacturer's description Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire.

Purpose and authorized uses
The device is designed primarily for tactical situations to detect and/or dislodge a barricaded subject. It is used as a de-escalation tool to encourage surrender and minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects.

Fiscal impact
$48 per canister. Initial inventory cost $2400. Approximately $1000 for trainining and operational readiness.

Required training POST Basic SWAT Operator course or equivlant; annual department refresher.

Compliance mechanisms To be used by officers who have been trained in the proper use as directed by a watch commander, SWAT commander, or appropriate supervisor, based on the specific circumstances of a given critical incident.

Type SAF Smoke™
Description An approximately 2.35"x 6" smoke pyrotechnic device.

Quantity 0 (50 sought)
Capabilities Produces white smoke for 20-40 seconds.

Expected lifespan 5 years
Manufacturer's description The Saf-Smoke™ Grenade was designed for training, but may also be used in operations. The Saf-Smoke Grenade offers the same approximate burn times as the Spede-Heat™ Grenade in CN or CS and the Riot Control Grenade in CN or CS. The similar burn times may make it the appropriate choice for training or simulation deployment of chemical agent canisters.

The Saf-Smoke formulation is considered to be less toxic than Hexachloroethane (HC) smoke. The Saf-Smoke Grenade emits a very white smoke.

Purpose and authorized uses The device is designed primarily for tactical situations to conceal officer movements.

Fiscal impact $30 per canister
Legal and procedural rules It is the policy of the Department to use smoke only for official law enforcement purposes.

Required training POST Basic SWAT Operator course or equivlant; annual department refresher.

Compliance mechanisms To be used by officers who have been trained in the proper use as directed by a watch commander, SWAT commander, or appropriate supervisor, based on the specific circumstances of a given critical incident.

Type Distraction Device: CTS Model 7290
Description A non-bursting, non-fragmenting distraction device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.

Quantity 0 (additional devices maintained by PPD)
Capabilities Produces 175db output and 6-8 million candela of light.

Expected lifespan Until used.

Livermore Police Department
ATTACHMENT 2
231
Livermore Police Department Military Equipment Inventory 16 Manufacturer's description The CTS 7290 is the standard for diversionary flash-bang devices. The 7290 produces an 175db and 6-8 million candela of light output. The patented design of the 7290, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output.

Purpose and authorized uses To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

Fiscal impact $44 per device. Approximately $900 annually for training and operational readiness.

Legal and procedural rules It is the policy of the Department to utilize distraction devices only for official law enforcement purposes, and pursuant to State and Federal law.

Refer to policy 300.

Required training POST Basic SWAT Operator course or equivlant; annual department refresher.

Compliance mechanisms To be used by officers who have been trained in the proper use as directed by a watch commander, SWAT commander, or appropriate supervisor, based on the specific circumstances of a given critical incident.

Type Distraction Device: CTS Model 7290M
Description A non-bursting, non-fragmenting distraction device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.

Quantity 80 (Purchasing an additional 20 to maintain 100 in inventory) Capabilities Produces 175db output and 6-8 million candela of light.

Expected lifespan Until used.

Manufacturer's description The CTS 7290M Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang. Our Model 7290M Flash-Bang exhibits all of the same attributes of its larger counterpart but in a smaller and lighter package. The patented design of the 7290M, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output.

Fiscal impact $43 per device. Approximately $900 annually for training and operational readiness.

Legal and procedural rules It is the policy of the Department to utilize distraction devices only for official law enforcement purposes, and pursuant to State and Federal law.

Refer to policy 300.

Required training POST Basic SWAT Operator course or equivlant; annual department refresher.

Compliance mechanisms To be used by officers who have been trained in the proper use as directed by a watch commander, SWAT commander, or appropriate supervisor, based on the specific circumstances of a given critical incident.

Type Distraction Device: CTS Model 7290-9
Livermore Police Department
ATTACHMENT 2
232
Livermore Police Department Military Equipment Inventory 17 Description A non-bursting, non-fragmenting multi-bang distraction device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.

Quantity 20 (Purchasing an additional 30 to maintain 50 in inventory) Capabilities Produces 9 individual but consecutive bangs contained within one device.

Expected lifespan Until used.

Manufacturer's description The patented multi-bangs feature top and bottom non-fragmenting, minimal movement devices that perform with high reliability incorporating CTS Superior fuze components with the patented and US Army adopted Confidence Clip and pin shroud.

Fiscal impact $153 per device. Approximately $1200 annually for training and operational readiness.

Legal and procedural rules It is the policy of the Department to utilize distraction devices only for official law enforcement purposes, and pursuant to State and Federal law.

Refer to policy 300.

Required training POST Basic SWAT Operator course or equivlant; annual department refresher.

Compliance mechanisms To be used by officers who have been trained in the proper use as directed by a watch commander, SWAT commander, or appropriate supervisor, based on the specific circumstances of a given critical incident.

Type Recon Robotics Throwbot®
Description Compact throwable robotic device that provides real time video and audio to the operator.

Quantity 1
Capabilities The unit can be directed to move through a structure and transmit realtime video and audio.

Expected lifespan 10+ years
Manufacturer's description The Throwbot® robot is a throwable micro-robot platform that enables operators to obtain instantaneous video and audio reconnaissance within indoor or outdoor environments. Designed to withstand repeated drops of up to 30 feet (9 m) onto concrete, the Throwbot® robot can be thrown into hazardous situations in order to allow operators to quickly make informed decisions when seconds count. This micro-robot is designed to be able to crawl over a variety of terrain, clearing obstacles up to 2″ (5 cm) tall.

Purpose and authorized uses This robot can locate and identify subjects, confirm presence of hostages and reveal the room layout. The unit can function as a pole camera facilitating the inspection of attics, rooftops and crawl spaces. This information crucial for planning and determining the best course of action.

Fiscal impact $16,538 for the initial purchase. No ongoing costs exepected.

Legal and procedural rules It is the policy of LPD to utilize this device only for official law enforcement purposes pursuant to State and Federal law.

Required training Agency authored course and annual refresher.

Livermore Police Department
ATTACHMENT 2
233
Livermore Police Department Military Equipment Inventory 18 Compliance mechanisms To be used by officers who have been trained in the proper use as directed by a watch commander, SWAT commander, or appropriate supervisor, based on the specific circumstances of a given critical incident.

Allied Agency Equipment -Type Use Category (note: no fiscal imact or other impacts expected)
Armored Vehicle(s) Use conistent with LPD policies related to simlar equipment Chemical Agents (CS, CN, OC) Use conistent with LPD policies related to simlar equipment Flash Bangs Use conistent with LPD policies related to simlar equipment UAV's (drones) Used for locating and/or surveilling suspects, missing persons, etc. Also used for checking locations prior to deploying personnel.

Robots Used for locating and/or surveilling suspects. Also used for checking locations prior to deploying personnel to avoid encountering armed/dangerous subjects.
.50 Cal Rifle Used to penetrate barriers and to incapacitate vehicles that may otherwise be difficult to stop (example: armored vehicles)
Explosive Breaching- Detonation Used to defeat breach various entry points Battering Ram (attached to vehicle) Used to defeat breach various entry points Gas Ram/Pole (attached to vehicle) Used to defeat breach various entry points and deploy chemical agents where appropriate
Less Lethal Launchers/Munitions Use conistent with LPD policies related to simlar equipment Armored Tractor(s) Used to access areas when unsafe to do so by other means Expected Acquisitions (FY 21-22 / FY 22-2Use Category
Additional purchases of current inventory items re-supply and additions to most authorized categories in order to maintain operational readiness. See individual items above for intended use, fiscal impacts, and additional information
Livermore Police Department
ATTACHMENT 2
234

2.36.200 Military equipment policy.

A. The City Council has made the following determinations:

1. The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;

2. The proposed military equipment policy (“policy”) will safeguard the public’s welfare, safety, civil rights, and civil liberties;

3. The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any);

4. Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

B. The police department has submitted a proposed policy to the City Council and has made those documents available on the police department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue.

C. The policy was considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.

D. The policy shall be made publicly available on the police department’s website for as long as the military equipment is available for use.

E. The police department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072
, and the City Council shall determine whether each
type of military equipment identified in that report has complied with the standards for approval set forth in subsections (A)(1) through (A)(4) of this section.

F. The City Council shall review this section, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2).

ATTACHMENT 3
235
G. The City Council approves the policy and its use and finds that it satisfies the requirements of Government Code Section 7070(d). (Ord. 2134 § 1, 2022)
ATTACHMENT 3
236
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION RECEIVING THE LIVERMORE POLICE DEPARTMENT’S ANNUAL MILITARY EQUIPMENT REPORT 2022, AND DETERMINING THAT THE

EQUIPMENT IDENTIFIED IN THE REPORT COMPLIES WITH THE APPLICABLE

STANDARDS, AND DETERMINING THAT LIVERMORE MUNICIPAL CODE SECTION 2.36.200 MILITARY EQUIPMENT POLICY SHOULD BE RENEWED AND

REMAIN IN EFFECT
On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (enacting Government Code section 7070, et seq.), for the use of military equipment by California law enforcement agencies.

The statutes enacted by AB 481 seek to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used by local police departments. The Livermore Police Department is in possession of and acquires certain items of equipment that qualify as “military equipment” as defined by the applicable statutes.

On April 11, 2022, the City Council conducted a public hearing to receive input and comments on the City’s proposed military equipment policy, and thereafter introduced, and on April 25, 2022, adopted Ordinance No. 2134 adding section 2.36.200 Military Equipment Policy to the Livermore Municipal Code.

Consistent with the statutes enacted by AB 481, the Livermore Police Department prepared the Annual Military Equipment Report 2022, attached hereto as Exhibit A, and it held a community engagement meeting on March 21, 2023, for public questions regarding the funding, acquisition, and use of the listed equipment.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby receives the Livermore Police Department’s Annual Military Equipment Report 2022, attached hereto as Exhibit A, and based upon that report and the information presented in the staff report for this resolution hereby determines that:

1. The equipment is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian;

2. The equipment policy (Policy 709) will safeguard the public’s welfare, safety, civil rights, and civil liberties;

3. The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian; and,

4. The use of the equipment complied with the policy that was in effect at the time.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that it hereby determines that the policy set forth in Livermore Municipal Code section 2.36.200 Military Equipment Policy should be renewed and remain in effect. 237
RESOLUTION NO. ________
On motion of Council Member ___________________, seconded by Council Member ____________________, the foregoing resolution was passed and adopted on April 10, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Katherine Mirassou ______ Marie Webber Katherine Mirassou
City Clerk Deputy City Attorney
Exhibit A -Annual Military Equipment Report 2022
238
Livermore
Police
Department
2022
Annual
Military
Equipment
Report
SERVICE WITH HONOR . PROTECTION WITH PURPOSE.

EXHIBIT A
239

LIVERMORE POLICE DEPARTMENT
2 Introduction 3
Definitions 4
Community Concerns & Complaints 6
Internal Audit & Inventory 6
2022 Deployment Statistics 8
2022 Equipment Purchases 10
Proposed Equipment Purchases 11
Conclusion 12

APPENDIX
Military Equipment Inventory
Table of
Contents

EXHIBIT A
240
ANNUAL MILITARY REPORT FOR 2022
3 Introduction
On September 30, 2021, the Governor of the State of
California approved Assembly Bill 481 (codified as sections 7070-7075 of the California Government Code) requiring
law enforcement agencies, such as the Livermore Police
Department, to have a military use policy approved by the City Council prior to requesting, seeking funding, acquiring or using military equipment. Assembly Bill 481 allows the governing body to approve the policy within its jurisdiction only if it determines that the military equipment meets specified standards.

On April 11, 2022, the Livermore City Council approved
Ordinance Section 2.36.200 Military Equipment Policy. As required by Assembly Bill 481 and the Ordinance, the
Livermore Police Department must prepare a report on
the use of each type of military equipment approved in
the Policy over the last year. Subsequently, the City Council must then review the Ordinance, Policy and Annual Report, and determine whether the Department’s use of military
equipment in the past year complied with the Policy,
and whether to continue the Ordinance and Policy, take
action (by ordinance) to modify the Policy, or repeal the Ordinance.

As set forth in the Policy, the Livermore Police Department retains and employs limited military equipment
to safeguard its community. LPD officers, certified
instructional staff, and specialized units receive training throughout the year on the use of military equipment
approved under the Policy.

This Annual Report outlines the Livermore Police
Department’s military equipment inventory and usage,
community complaints over use of military equipment, and internal audits from January 1, 2022 through December 31, 2022. The Department will submit its Military Equipment Annual Report to City Council annually.

Effective January 1,
2022, Assembly Bill
(AB) 481 requires
law enforcement
agencies to obtain
approval of the
applicable governing
body (Mayor and
City Council), by
adoption of a military
equipment use policy
prior to taking certain
actions relating to the
funding, acquisition,
or use of military
equipment.

EXHIBIT A
241

LIVERMORE POLICE DEPARTMENT
4 Definitions
The Assembly Bill has designated the following categories of items as military equipment.

NOTE: The Livermore Police Department does not possess or use many of these types of equipment and does not currently have plans to acquire any new types of equipment not currently in use by the department or its partner agencies.

EQUIPMENT CATEGORY 1
o Unmanned, remotely piloted, powered aerial or ground vehicles EQUIPMENT CATEGORY 2
o Mine-resistant ambush-protected vehicles or armored personnel carriers EQUIPMENT CATEGORY 3
o High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached EQUIPMENT CATEGORY 4
o Tracked armored vehicles that provide ballistic protection to their occupants EQUIPMENT CATEGORY 5
o Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units EQUIPMENT CATEGORY 6
o Weaponized aircraft, vessels, or vehicles of any kind EQUIPMENT CATEGORY 7
o Battering rams, slugs, and breaching apparatuses that are explosive in nature EQUIPMENT CATEGORY 8
o Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition

EXHIBIT A
242
ANNUAL MILITARY REPORT FOR 2022
5 Definitions
EQUIPMENT CATEGORY 9
o Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns
EQUIPMENT CATEGORY 10
o Any firearm or firearm accessory that is designed to launch explosive projectiles EQUIPMENT CATEGORY 11
o Noise-flash diversionary devices and explosive breaching tools EQUIPMENT CATEGORY 12
o Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray
EQUIPMENT CATEGORY 13
o TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices
EQUIPMENT CATEGORY 14
o Kinetic energy weapons and munitions
EQUIPMENT CATEGORY 15
o Any other equipment as determined by a governing body or a state agency to require additional oversight
Definitions (continued)

EXHIBIT A
243

LIVERMORE POLICE DEPARTMENT
6 In April of 2022, the Livermore Police
Department published its Military Equipment
Policy on the Transparency & Information
section of its website.

Community concerns and complaints can be
received in-person at the police department,
online via the department’s website, contact
with officers in the field, telephone, or email.

The department has solid internal
procedures for investigating complaints in
an impartial manner. We are committed to
efficiently and fairly resolving complaints.

In 2022, there were no community
complaints, and therefore, no internal
investigations were conducted.

Community Concerns
& Complaints
2022

COMMUNITY

COMPLAINTS
0 2022

PD INTERNAL

INVESTIGATIONS
0 Internal Audit &
Inventory
In accordance with Livermore Police Department policy 709.3 (c), the department’s military equipment coordinator, designated as the Force Options Unit Lieutenant, is required to complete an internal inventory of all military equipment within the department at least once annually.

During the calendar year of 2022, two internal inventories of the department’s military equipment were conducted. The first was completed on February 18, 2022, which identified all of the department’s military equipment in preparation of the implementation of Assembly Bill 481.

EXHIBIT A
244
ANNUAL MILITARY REPORT FOR 2022
7 Internal Audit &
Inventory (continued)
The second internal inventory
was initiated in December
2022. That inventory focused
on current military equipment
and proposed military
equipment needs for the 2023-
24, and 2024-25 fiscal years. All
current military equipment was
found to be in good shape and
working order.

An audit of the use of military
equipment was completed
by the Force Options Unit
Lieutenant. The audit
confirmed that department
personnel were in compliance
with Policy 709 in the use of
military equipment.

The full inventory of
all military equipment
owned by the Livermore
Police Department is
attached as an appendix
to this report.

EXHIBIT A
245

LIVERMORE POLICE DEPARTMENT
8 2022 Deployment
Statistics
ARMORED RESPONSE VEHICLE DEPLOYMENT (11):

Date Case # Description
02/05/22 N/A Domestic violence incident involving a shooting in Pleasanton. Surround and call out (SWAT PPD).
02/17/22 22-972 Warrant service of a suspect who had a warrant for his arrest for threats against a Livermore Police Officer. Pedestrian take down (SWAT LPD). 03/02/22 22-904 High risk car stop on an attempted homicide/domestic violence suspect in Oakland (SWAT LPD).
04/15/22 22-1999 Deployed during homicide investigation to execute search warrant. 05/09/22 22-2402 Deployed during a possible armed domestic violence situation. No crime. 05/19/22 N/A Domestic violence incident with shots fired in Pleasanton. PPD wrote a report (SWAT PPD).
06/19/22 22-3120
Domestic violence incident with a suicidal subject. Subject arrested without incident and firearms seized.
7/16/22 22-3585 Assist with homicide investigation.
8/25/22 22-4156 Surround and callout of robbery suspects in Fremont. Suspects used firearms in the robbery (SWAT LPD).
09/14/22 N/A Domestic violence incident with a firearm in Pleasanton. Surround and call out (SWAT PPD).
09/28/22 22-4911 Armed suicidal subject. Subject placed on psychiatric hold without incident.

KINETIC ENERGY PROJECTILE DEPLOYMENT (3):

Date Case # Description
07/10/22 22-3463
Kinetic projectile deployed at suspect who was wanted for stabbing two people. The kinetic projectile was ineffective. Suspect was later taken into custody without incident.
08/19/22 22-4144
Kinetic projectile deployed during high risk stop on a suspect wanted for a restraining order violation. A firearm was possibly involved. Suspect was struck with the projectile, surrendered, and was taken into custody. 12/08/22 22-6185 Kinetic projectile deployed on a suspect wanted for kidnapping and domestic violence. The suspect was struck and taken into custody.

NOTE: These statistics include incidents where the
Livermore Police Department assisted within other
jurisdictions.

EXHIBIT A
246
ANNUAL MILITARY REPORT FOR 2022
9 2022 Deployment
Statistics (continued)
DRONE/ROBOT DEPLOYMENT (8):

Date Case # Description
02/05/22 N/A Drone used to clear residence of a domestic violence shooting suspect in Pleasanton. Surround and call out (SWAT PPD).
04/15/22 22-4144 Drone used during homicide investigation to execute search warrant. 05/16/22 22-2575 Drone used to search a residence for a domestic violence suspect. Suspect was taken into custody without incident.
05/19/22 N/A Robot and drones used to locate a domestic violence suspect with shots fired in Pleasanton. PPD wrote a report (SWAT PPD).
08/25/22 22-4156 Drone used to clear a residence of a robbery suspect. Suspects used firearms in the robbery.
09/14/22 N/A Drone used to surveil residence of a domestic violence suspect. The suspect was armed with a firearm in Pleasanton. Surround and call out (SWAT PPD).
10/19/22 22-5316 Drone used to search open field for felony battery suspect. 11/19/22 22-5903 Drone used to search open field for missing person at risk.

EXHIBIT A
247

LIVERMORE POLICE DEPARTMENT
10 2022 Equipment
Purchases
FISCAL YEAR 2021-2022

EQUIPMENT QUANTITY UNIT
COST
TOTAL
COST
40mm Less Lethal Launcher 1 $3,820.00 $3,820.00
AR-15 Rifles 5 $1,312.00 $6,560.00
AR-15 Rifles (SWAT) 15 $1,045.00 $15,670.00
FN303 Less Lethal System 1 $4,370.00 $4,370.00
FISCAL YEAR 2022-2023

EQUIPMENT QUANTITY UNIT
COST
TOTAL
COST
AR-15 Rifles 5 $1,312.00 $6,560.00

EXHIBIT A
248
ANNUAL MILITARY REPORT FOR 2022
11 AB481 Military Equipment purchases are planned in the same way as all Livermore Police Department budgeted expenditures.

The proposed purchases are shown in the fiscal year in which they will be purchased, pending approval by the City Council and the Mayor.

All AB481 purchases have been and will be made with monies from the General Fund, with the exception of the planned purchase of an Unmanned Aerial System. The UAS program proposed purchases will be made with local asset seizure funds.

Proposed Equipment
Purchases
FISCAL YEAR 2023-2024

EQUIPMENT QUANTITY UNIT
COST
TOTAL
COST
LMT Standalone Shorty 40mm Launcher 1 $3,800.00 $3,800.00 Noise Flash Distraction Device 20 $175.00 $3,500.00
40mm Launcher 1 $2,700.00 $2,700.00
AR-15 Rifles 5 $1,188.00 $5,940.00
Axon Air, DJI Mavic 3 Enterprise 4 $3,958.00 $15,832.00 Axon Air, DJI AVATA 4 $1,587.00 $6,348.00
Axon Air, DJI Matrice 300 RTK (NA) SP Plus 1 $13,199.00 $13,199.00 FISCAL YEAR 2024-2025

EQUIPMENT QUANTITY UNIT
COST
TOTAL
COST
Gas Multi Launcher 40mm 1 $4,200.00 $4,200.00
LMT Standalone Shorty 40mm Launcher 1 $3,800.00 $3,800.00 Noise Flash Distraction Device 20 $175.00 $3,500.00
40mm Launcher 1 $2,700.00 $2,700.00
AR-15 Rifles 15 $1,188.00 $17,820.00
FN303 Launcher 1 $2,750.00 $2,750.00

EXHIBIT A
249

LIVERMORE POLICE DEPARTMENT
12 The Livermore Police Deparment
has demonstrated commitment to
transparency. Transparency and trust
in our community with regards to how
we protect and serve you is top of
mind for us – we understand that the
more we are able to open our doors
to you on all levels, the more we can
connect, communicate, and work
together.

This report provides information to
our community and elected officials
as well as ensures compliance with
California state law.

CONCLUSIONS

EXHIBIT A
250

CITY COUNCIL STAFF REPORT
ITEM NO. 7.2

DATE:

April 10, 2023
TO:

Honorable Mayor and City Council
FROM:

Andy Ross, Economic Development Manager
SUBJECT:

Discussion and Direction regarding Comprehensive General Plan Update - Land Use Alternatives Evaluations and a Resolution amending the General Plan Advisory Committee Rules of Procedure.

RECOMMENDED ACTION

Staff recommends the City Council:

1 .

Receive a report from staff on the status of the comprehensive General Plan Update and the land use alternatives evaluation process,
2 .

Direct staff to include the geographic area east of Greenville Road in the evaluation study for the General Plan Update; and
3 .

Adopt a resolution amending the General Plan Advisory Committee Rules of Procedure reducing the number of members to thirteen, except that in the event of a future vacancy the committee’s membership will be reduced to the number of remaining members, and adjusting the number required to constitute a quorum to a majority of members.

SUMMARY
The General Plan project team (project team) previously presented project status of the General Plan Update and land use alternatives to the City Council and has made significant progress in the preparation of a land use evaluations report. During the evaluation period, the project team has received new feedback and information. The project team would like to update the Council and seek Council direction and input as the General Plan Update process continues.

On September 12, 2022, City Council reviewed a series of draft land use alternatives and directed staff to evaluate the alternatives as part of the General Plan Update. Based on the evaluation conducted so far, the project team has made initial findings in advance of the full report for topics such as jobs-housing match, industrial land supply, and the ability to accommodate future Regional Housing Needs Allocations. Based on these topic areas, the initial findings indicate that the City should consider ways to accommodate and facilitate additional job creation.
251

On February 8, 2023, the General Plan Advisory Committee (Committee) began workshop discussions assessing existing General Plan Goals, Objectives, and Policies. The Committee’s feedback included the importance of community identity, balancing housing with employment generating land uses, ensuring adequate commercial and industrial land capacity, and exploring geographic areas east of Greenville Road. The area east of Greenville Road is relatively flat and outside the City’s municipal and urban growth boundaries but generally within the City's sphere of influence. Additionally, the project team received input from the business and commercial brokerage community asking the project team to explore ways to maintain adequate supply of commercial industrial land and consider evaluating areas outside the City to provide opportunities for existing commercial/industrial businesses to continue to grow and expand in Livermore. For these reasons, the project team recommends Council direct staff to evaluate commercial/industrial land uses on the eastside of Greenville Road as part of the draft land use alternatives evaluation process.

In addition, the General Plan Advisory Committee continues to meet on a variety of topic areas related to the General Plan Update process. Over time, six of the 19 Council appointed Committee members have resigned their positions. Staff recommends Council amend the Committee rules of procedure to reduce the number of members to thirteen and adjust the number of members needed for a quorum from 10 to a majority of the current membership (or 50% plus 1). In the event of a future vacancy, the committee’s membership will be reduced to the number of remaining members. In the event the membership falls below nine members, staff recommends City Council direct staff to return with a recommendation on future amendments to the committee’s composition.

DISCUSSION

BACKGROUND

The General Plan is the City’s long-range policy document for growth, land use, sustainability, and resource and open space conservation. The current planning period for the City’s General Plan is 2003- 2025. Adopted in 2004, the City’s General Plan is almost 20 years old. The traditional planning period for updating the General Plan is 10-20 years. A comprehensive General Plan update is required due to the age of the current document and data that supports it (e.g. traffic and environmental impact studies).

Since the last comprehensive General Plan update, many state and regional policies have changed, which can have an influence on local policy. In addition, the comprehensive General Plan update process offers the community and City an opportunity to re-evaluate existing General Plan policies and develop new ones that address shifts in community priorities, technologies, and current land use and real estate market trends.

On March 1, 2021, the City Council set goals and priorities for Fiscal Years 2021-2023 and identified the Comprehensive General Plan Update as a priority. On June 28, 2021, City Council authorized a contract with PlaceWorks as the consultant team for the General Plan Update Project. On October 7, 2021, following a three-month recruitment, selection, and interview process, the City Council appointed a 19- member General Plan Advisory Committee (Committee).

On March 14, 2022, the City Council approved the General Plan Vision Statement which will be the basis for the General Plan update and describes the future of Livermore as the community would like it to be in 2045. On April 1, 2022, the project team completed the Existing Conditions Reports which analyzed and 252
summarized various conditions in Livermore to help the community and project team understand the issues and opportunities facing the City as we collectively plan to horizon year 2045 and inform future policy and land use discussions and decisions.

On September 12, 2022, City Council reviewed a series of draft land use alternatives that represent a range and mix of land use types and directed staff to evaluate the alternatives for the General Plan Update. (See Attachment 1, September 12, 2022, City Council Report for more information about the land use alternatives).

On March 13, 2023, the project team presented the draft General Plan 2023-2031 Housing Element (the General Plan is currently comprised of 10 separate elements) to the City Council. City Council approved the draft document. Following Council adoption, the project team submitted it to the State Department of Housing & Community Development for certification. On March 24, 2023, the State found the adopted Livermore Housing Element in full compliance with State Law.

The Vision Statement, Existing Conditions Reports, Land Use Alternatives, and Housing Element are published on the project website (imaginelivermore2045.org). In addition, the project website provides background information, project updates as major milestones are achieved, links to relevant documents, and information about how to become involved in the General Plan Update process. The website includes information about community events and General Plan Advisory Committee meetings and also provides access to online surveys and interactive exercises.

For several months, the project team has been working with the Committee to learn about key topics necessary to evaluate the land use alternatives. On February 8th, the Committee began discussing General Plan Goals, Objectives, and Policies.

PROJECT DESCRIPTION - DRAFT LAND USE ALTERNATIVES

A major component of the General Plan Update process is modifying the General Plan Land Use Map to align with the Vision and plan for future growth. The new General Plan Land Use Map will be developed iteratively through creation and evaluation of draft land use alternatives to ultimately select a preferred land use scenario. The City Council will provide direction on the preferred scenario.

Throughout 2022, the project team led a process, which included community engagement, collecting, and summarizing themes and topics that emerged from community and Committee discussion, evaluating population trends and market factors, and ultimately developing the Draft Land Use Alternatives. The Draft Land Use Alternatives explore a range of commercial, industrial, and residential growth options within four focus areas. The intent of the draft land use alternatives is to sustain and improve quality of life, accommodate future community and market needs, support local job growth, and to respond to future State mandated housing needs cycles through 2045. To arrive at a preferred land use scenario, the project team is following a 5-step process. Currently, the project team is in Step 3- Evaluation of Alternatives- and comparing the different outcomes of the alternatives against a set of metrics. (Please see Attachment 1, September 12, 2022, City Council Report, which describes the land use alternatives and process.) The preferred land use scenario will not likely be any one of the alternatives. Rather, the project team assumes the preferred scenario will be a hybrid and include elements from various alternatives.

Initial Findings of Land Use Evaluation
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The project team has reviewed the land use alternatives against a set of metrics and is currently preparing the draft evaluations report; however, the project team has noted some initial findings. (Attachment 2, PlaceWorks Memo: Livermore Land Use Alternatives Evaluation Preliminary Findings).

To understand the citywide implications of additional growth, the project team created three citywide land use alternatives by combining the focus area alternatives. The project team has organized the preliminary findings from the alternatives evaluation into the following topic areas:

Jobs-Housing Match
Industrial Land Supply
Ability to Accommodate Future Regional Housing Needs Allocations

Jobs-housing Match.

A high number of jobs relative to residents typically indicates that workers are commuting into the community. A low number of jobs and high number of residents typically indicates that workers are commuting out of the community for work. Based on existing conditions, plus net new employees and new population projected through 2045 under each alternative, all alternatives would result in a slightly lower jobs to employed residents ratio compared to 2020 existing conditions. The findings suggest that the City will need to explore additional land use changes to accommodate job growth. In-and-out-commuting will continue under any alternative even with at an ideal jobs-to-employed residents ratio of 1.0. However, a strategy that strives for a jobs-housing match and encourages land uses that generate high quality jobs will make it more feasible for residents to find local jobs and reduce the number that commute.

Industrial Land Supply.

Preliminary findings and historical trends raise concerns about how to balance the City’s ability to meet housing obligations and achieve its Economic Goals. According to data collected by Colliers International (a Commercial and Industrial Brokerage firm), over the course of the twenty-year period from 2002-2022 the absorption rate of commercial and industrial land was approximately 207-acres and 385-acres, respectively. The project team investigated the cumulative citywide effect of replacing existing industrial and commercial land with other uses in Focus Areas.

Specifically, the project team examined the Southfront Road/Vasco Road (Midtown) and East Avenue/Vasco Road Focus Areas, which are currently comprised mostly of industrial land uses. A shift to residential land use designations could impact the ability to grow existing business and attract new ones consistent with the City’s Economic Strategic Plan. To determine how much industrial land would be changed to other uses, the project team calculated the total amount of land citywide with an industrial designation under each alternative. All citywide land use alternatives result in a net loss of industrial land ranging from approximately 80 to 140 acres.

Regional Housing Needs Allocation (RHNA).

All of the draft alternatives include sufficient amounts of residential designations to accommodate the 6th cycle RHNA of 4,570 units covered in the adopted 2023-2031 Housing Element. These housing units are planned for but not yet built, so they are included in the calculations of future new homes under each alternative. The project team evaluated each alternative to understand if the 7th and 8th RHNA cycles, which will occur during the lifespan of the new General Plan, could also be accommodated under the citywide land use alternatives. This high-level analysis does not consider the specific income or density requirements for housing sites per State Housing Element Law. At a gross scale, the three citywide alternatives varied in their ability to meet RHNA, ranging from meeting the projected housing demands of the 7th cycle to meeting the 8th RHNA cycle plus a buffer. The ability to meet state housing obligations comes with trade-offs in terms of the loss of industrial land and the ability to accommodate other land uses and community needs within the 254
City's existing urban growth boundaries. In other words, to meet projected State mandates for new housing, commercial/industrial land will likely need to be rezoned for housing.

GENERAL PLAN ADVISORY COMMITTEE AND FEEDBACK

The Committee is currently comprised of 13 members that represent the Livermore community in the development of the Livermore 2045 General Plan. The Committee’s role is to ensure continuous and balanced public representation and provide feedback that conveys the community’s perspectives and local knowledge. The Committee provides feedback on work products, serve as liaisons to the broader community, and advises the project team on effective outreach and engagement.

In 2021, the City Council formed a 19-member Committee. Since that time six members have resigned their positions due to other personal or work commitments. The project team has spent the past year and half onboarding and educating the Committee. Currently, the project team does not recommend adding additional Committee members. However, the current rules of procedure state that a quorum of members is ten. Staff recommends Council amend the rules to state the Committee size is 13, a majority (50% plus 1) constitutes a quorum, and any future resignations from the body do not need to be filled. In the event Committee membership is reduced below nine, staff would return to Council with a recommendation on future amendments to the committee’s composition.

On February 8, 2023, the General Plan Advisory Committee met to review and provide feedback on the existing General Plan Goals, Objectives, and Policies. The summary of feedback provided included:

Create/Define Livermore’s “Identity” as a leader and innovator in science and technology, conservation and cultural amenities.

Explore growth opportunities for industrial campus environments outside of the City in the geographic area east of Greenville Road. (The area east of Greenville Road is relatively flat, outside the City’s municipal and urban growth boundaries, and currently under the land use jurisdiction of Alameda County).

Expand investments in the South Livermore Valley wine region, including creation of a gateway to enhance visitor experience.

Ensure positive stewardship of land immediately outside of the Urban Growth Boundary.

Balance the need for new residential uses (near services, transit, and other amenities) with an adequate commercial-industrial land inventory of sites appropriate for future job creation.

Replenish the inventory of commercial and industrial land that is re-designated for residential uses.

Explore opportunities for higher education, an open research campus with National Labs, and opportunities for biotech and high-quality commercial businesses.

Ensure Jobs/Housing Match to balance in-out-commuting: pairing a spectrum of housing options and affordability levels with a corresponding range of job opportunities and wage diversity.

Ensure adequate infrastructure that can adapt to changing conditions.

Explore broader issues related to public health.

Establish a General Plan Monitoring Program to document and track progress.

A full summary of GPAC feedback from February 8, 2023 is found in Attachment 3. Further, on March 8, 2023, the GPAC met with subject matter experts to discuss the South Livermore Valley and its relationship to the City's General Plan. Experts included the leadership from the Wine Community (formerly the Livermore Valley Wine Growers Association) and the Tri-Valley Conservancy. Speakers 255
expressed the importance of conservation and revitalization efforts of the Livermore wine region and outlined possible policy considerations for the General Plan Update including funding and financing opportunities, conservation programs, and infrastructure investments.

COMMUNITY INPUT AND UPCOMING ENGAGEMENT STRATEGY

In addition to the Committee feedback, the project team has heard from local industrial businesses and the commercial brokerage community about the desire to continue to grow in Livermore. However, limitations of commercial and industrial land inventory pose challenges to expansion. Many businesses have requested the City explore increasing industrial land capacity in the geographic area east of Greenville Road as part of the General Plan land use evaluation study. (Attachment 4, Topcon letter dated February 14, 2023).

Following City Council direction and the project team’s evaluation of the draft land use alternatives, the project team will employ a community engagement strategy including a series of workshops, pop up engagements, and online activities to gain community feedback on the draft land use alternatives and the tradeoffs outlined in the evaluation study. The project team anticipates the community engagement process to occur in the early summer of 2023. Community input received will help inform the preferred land use scenario.

FISCAL AND ADMINISTRATIVE IMPACTS

On June 28, 2021, the City Council authorized a consultant contract for the comprehensive General Plan Update (including a Housing Element update and Environmental Impact Report) for a term of approximately three-years and a budget of approximately $2,800,000. The update requires significant staff resources and departmental coordination. The work program consists of preparation of an assortment of technical studies, collections of local and regional data, and analysis of a broad range of policy issues and land use alternatives. Council’s direction to explore additional land use changes is within the scope of the project. The project schedule would be adjusted slightly adding approximately two months to the publication of the evaluation report. Adjustments to the contract scope, term, and budget may be necessary in the future. The project team anticipates returning to Council with a Preferred Land Use Scenario before the end of the calendar year.

COMMUNITY PILLAR

2: Economy that Prospers

GOAL

3: Encourage an Innovation Driven Economy
5: Facilitate the development of commercial and industrial projects that provide high quality local jobs and support a diverse local economy

ATTACHMENTS

1. September 12, 2022, City Council Report on Draft Land Use Alternatives

2. Initial Findings Memo
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3. Committee Feedback Summary

4. Letter from TOPCON dated February 14, 2023

5. Resolution

6. Exhibit A - General Plan Advisory Committee Revised Rules of Procedure 2023

Prepared by: Andy Ross
Economic Development Manager

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
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CITY COUNCIL STAFF REPORT ITEM NO. 6.1
DATE: September 12, 2022
TO: Honorable Mayor and City Council
FROM: Paul Spence, Community Development Director
SUBJECT: Discussion and direction regarding Comprehensive General Plan Update – Draft Land Use Alternatives
R

ECOMMENDED ACTION
S
taff recommends the City Council review the Draft Land Use Alternatives for each of the specific focus areas, receive a presentation from staff, affirm that the draft land use alternatives represent an adequate range and mix of land use types, and direct staff to evaluate the alternatives for the General Plan Update.

SUMMARY
On March 1, 2021, the City Council selected updating the General Plan as a priority and directed staff to seek consultant assistance and develop a 3-year work program. The work program includes a variety of components including visioning, existing conditions assessment, land use planning, policy development, and environmental impact review. In January 2022, the project team began the General Plan land use alternatives process, which will inform the 2045 General Plan Land Use Map. This land use alternatives process includes receiving input from the community and General Plan Advisory Committee in identifying geographical areas that are likely to experience change (focus areas) and preparing a mix of land use alternatives for each focus area.

Following City Council direction, the project team will conduct further in-depth analysis and evaluation of the draft land use alternatives. The evaluation process will take approximately six months after which the project team will conduct extensive community engagement to share the results and discuss tradeoffs.

The project team and General Plan Advisory Committee will continue to refine land use alternatives and ultimately develop a preferred scenario, which will return to the City Council for further direction and be integrated into the overall General Plan Land Use Map.

DISCUSSION

BACKGROUND
ATTACHMENT 1
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The General Plan is the City’s long-range policy document for growth, land use, sustainability, and resource and open space conservation. The planning period for the City’s current General Plan is 2003- 2025. Adopted in 2004, the City’s General Plan is almost 18 years old. The traditional planning period for updating the General Plan is 10-20 years. A comprehensive General Plan update is required due to the age of the current document and data that supports it (e.g. traffic and environmental impact studies).

On March 14, 2022, the City Council approved the General Plan Vision Statement which will be the basis for the General Plan update and describes the future of Livermore as the community would like it to be in 2045. On April 1, 2022, the project team completed the Existing Conditions Reports. The Reports analyze and summarize various conditions in Livermore, assist the community and project team in understanding the issues and opportunities facing the City as we collectively plan for the horizon year 2045, and inform future policy and land use discussions and decisions.

On May 23, 2022, the project team presented the draft General Plan 2023-2031 Housing Element (the General Plan is currently comprised of 10 separate elements) to the City Council. City Council directed staff to revise the draft document to incorporate the input received. On July 19, 2022, the project team submitted the Draft Housing Element to the California Department of Housing and Community Development for their 90-day review period.

The Vision Statement, Existing Conditions Reports, and Draft Housing Element are published on the project website (Imaginelivermore2045.org). In addition, the project website provides background information, project updates as major milestones are achieved, links to relevant documents, and information about how to become involved in the General Plan Update process. The website includes information about community events and General Plan Advisory Committee meetings and also provides access to online surveys and interactive exercises.

The comprehensive General Plan Update (including Housing Element Update and Environmental Impact Report) is anticipated to be an approximately three-year project, consisting of preparation of an assortment of technical studies, collection of local and regional data, and analysis of a broad range of policy issues and land use alternatives. Further, the update involves a variety of community engagement events and activities to ensure broad participation and community input. The project team anticipates formal adoption and project completion in early 2024. (However, the Housing Element requires a shorter approval schedule to comply with the state’s January 2023 deadline, and separate environmental review).

PROJECT DESCRIPTION
ATTACHMENT 1
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A major component of the General Plan Update process is modifying the General Plan Land Use Map to align with the vision and plan for future growth. The new General Plan Land Use Map will be developed iteratively through creation and evaluation of draft land use alternatives to ultimately select a preferred land use scenario. The process will be shaped by community, Committee, and Planning Commission input. The City Council will ultimately provide direction on the preferred scenario in Spring of 2023.

To arrive at a preferred scenario, the project team is following five steps, described below. Currently, the project team is in step two and is seeking feedback and authorization to evaluate the draft land use alternatives.

1. Focus Area Identification

For many parts of Livermore, the General Plan land use designations remain valid and appropriate and are not expected to change. This task identifies areas where transformation is expected or desired, known as Focus Areas. Focus Areas are typically a combination of many parcels and are many acres in size. The draft Focus Areas are shown in Attachment 1.

2. Create Land Use Alternatives
Using Committee, property owner, and community feedback, the project team prepared three draft land use alternatives for each draft Focus Area that considers a range of different intensities and types of development that could occur over the next 25 years. The current version reflects feedback from the Committee and Planning Commission.

3. Evaluate and Compare Alternatives
Following Committee and Planning Commission review and City Council direction, the project team will begin to compare the differing outcomes of these alternatives against a set of metrics. The evaluation will take approximately six months and consider topics such as those noted below:

Climate change and resilience
Public safety
Equity
Parks
Housing supply
Student generation and school capacity
Capacity of water, sewer, and storm drainage infrastructure Open space preservation and biological resources
Historic resources
Aesthetics and urban design
Fiscal impacts
Traffic and transportation impacts
Commercial land use supply (adequate sites and geographic distribution) Commercial diversity (product, service, recreation)
Jobs/housing balance and jobs/housing match

4. Create the Preferred Scenario

Beginning in spring 2023, the project team will present the results of the alternatives evaluation to the community, Committee, Planning Commission, and City Council to choose a preferred scenario for each ATTACHMENT 1
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Focus Area after considering the relative benefits, trade-offs, and potential impacts of each alternative.

The preferred scenario will likely be the result of mixing different combinations of land use types identified in the draft alternatives for each Focus Area.

5. Analyze the Preferred Scenario as part of the Draft General Plan

Once a preferred scenario is finalized, the project team will integrate the preferred scenarios with the citywide General Plan land use map. The Draft General Plan will cover the entire city and analyze proposed growth to understand required infrastructure improvements, the fiscal impacts, and the financing tools and policies available to finance any public costs associated with the preferred scenario.

The Draft General Plan, including policies and actions in all elements, will undergo additional analysis in the Draft Environmental Impact Report.

COMMUNITY OUTREACH AND ENGAGEMENT

The project team launched an online activity and hosted eight pop-up events at the Downtown Farmers Market, a local coffee shop, winery, and Civic Center Library to hear the community’s ideas about land use changes through 2045 in Livermore. From February to March 2022, Livermore community members were asked to provide input at the pop-ups, meetings with property owners, and an online activity to help identify areas of the city to study for potential change over the next 20 years. In general, the community identified focus areas that included vacant infill parcels, aging shopping centers, and industrial areas in transition.

In addition, the project team sent letters to property owners within the potential focus areas informing them of the General Plan Update process and specifically that land use changes may be considered for their property and within their area. On March 8, 2022, the project team hosted a virtual open house to provide additional information about the General Plan Update and the land use alternatives process and received input from attendees. The project team received approximately a dozen calls and emails from property owners. Most property owners asked questions about the process, others stated their openness to exploring land use changes and wanted to stay involved in the process, and others desired no land use change on their property. In addition, the project team has had dozens of one-on-one discussions with various property owners regarding land use. Staff has also had a number of conversations with local property brokers and developers to gather their feedback about viable development alternatives.

Following City Council direction and the project team’s evaluation of the draft land use alternatives, the project team will employ a community engagement strategy including a series of workshops and engagement activities to gain input on the draft land use alternatives. The engagement process is anticipated to occur in the early part of 2023. Input received will help inform the Council's decision making regarding the selection of the preferred scenario.

PLANNING FOR FUTURE GROWTH

Based on regional and state forecasts, the project team anticipates that both population and job growth will continue over the next twenty-plus years and within the time horizon of the 2045 General Plan.

The project team reviewed projections from Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC), the California’s Department of Finance, and the US Census Bureau. The project team adjusted projection totals to capture updated existing conditions data (i.e., recent population and employment counts). Currently, Livermore has a population of approximately ATTACHMENT 1
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91,000 residents and approximately 53,340 jobs. Applying ABAG/MTC forecasted growth rates to updated population and employment counts suggests Livermore could potentially expand to 120,000 residents and 57,000 jobs by 2040.

State law requires jurisdictions to plan for their “fair share” of the regional housing need for households of all income levels. Livermore’s ABAG Regional Housing Needs Allocation (RHNA) for the 2023-2031 planning period, known as the “6th cycle”, is 4,570 housing units, distributed among four income categories that range from Very Low Income to Above Moderate Income. The City must ensure it can accommodate the new RHNA housing unit allocation for the period from 2023 to 2031. Although the RHNA allocation is not a requirement to build housing, the General Plan and Housing Element policies and programs must ensure the City is accommodating housing development and removing common barriers to housing construction.

The City does not need to re-designate or rezone sites to comply with the 6th Cycle RHNA (2023-2031).

However, the General Plan extends beyond the end of the 6th Cycle. Assuming continued 8-year RHNA cycles, and that the General Plan’s expected life cycle is until 2045, the updated General Plan should designate sufficient residential land to accommodate the future 7th and 8th cycles. The scale of future RHNA housing allocations is unknown and difficult to predict. However, it is reasonable to assume if the 7th and 8th RHNA is in the same proportion to the existing number of homes as the 6th Cycle RHNA; ABAG could allocate Livermore a combined total of approximately 11,000 new units over the 7th and 8th cycles, covering the years 2031 to 2047.

The draft land use alternatives also provide an opportunity to plan for population and job growth and respond to emerging market conditions. Beyond meeting state obligations and projected growth, planning for a mix of land uses is important to realize a well-rounded community and contribute to overall quality of life.

A healthy mix of land uses helps accomplish a range of broad civic goals such as job creation, cultural experiences, access to amenities and services, and the city's financial stability. In addition to the type and mix of land uses, an important consideration is understanding their relationships and connections to each other, to public services, and to transportation systems (among other market factors). Some land uses benefit from clustering and proximity to each other, whereas other land uses may benefit from wider distribution across the community.

DRAFT LAND USE ALTERNATIVES

The draft land use alternatives explore a range of commercial, industrial, and residential growth within four focus areas. The intent of the draft land use alternatives is to sustain and improve quality of life, accommodate future community and market needs, support local job growth, and to respond to future State mandated RHNA cycles through 2045. This section describes the land use alternatives for each focus area:

East Avenue - Vasco Focus Area
Las Positas Court Focus Area
Laughlin Road Focus Area
Southfront - Vasco Focus Area

Three different alternatives have been developed for each focus area. Attachment 2 includes maps of ATTACHMENT 1
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the Draft Land Use alternatives for each of the focus areas and development projections. The draft land use alternatives are based on land use categories described and illustrated in the Place Types Menu in Attachment 3. The Place Types are representative examples. The land use categories within the Focus Areas are not existing General Plan land use designations. At a future phase when a preferred scenario is selected, the land use categories will be refined to either use existing designations, modified designations, or new designations in the General Plan.

The draft land use alternatives provide broad ideas on the types and intensity of development that could occur in the future. Once the City Council selects the preferred land use scenario, the Draft General Plan will include additional policy guidance for these areas to improve circulation, community character, safety, and protect natural resources among other topics.

In addition to the focus areas, current regulations allow for future growth in the Isabel Neighborhood Specific Plan area, Downtown, and other infill sites distributed throughout the City. Further, the project team may also propose to the City Council other small scale land use designation changes to the General Plan Land Use Map. These may be initiated by community input, property owners and/or needed to improve compatibility with existing land uses or neighborhoods. These recommendations will be developed and presented to Council next year, around the time the preferred alternatives are being selected for each focus area.

Development Projections

Each of the draft alternatives prepared for the focus areas is accompanied by a table that summarizes the range of potential net new jobs, housing units, and population each alternative could create. The project team generated the development estimates calculating the minimum and maximum density range allowed by each Place Type. These calculations assume that every parcel would redevelop through the 2045 horizon, a scenario that is unlikely given historic development trends and potential parcel-level site constraints that cannot be projected at this large-scale analysis. In addition, the project team applied an industry standard factor that assumed a portion of each parcel would not be developed to account for roads, landscape setbacks, parking areas, and utilities.

These estimates are meant to provide an array of possibilities that could occur under these draft land use alternatives to help determine whether there is a sufficient range of land use alternatives. The impacts of future growth in jobs and housing will be evaluated once the City Council provides final direction on the range of draft alternatives. The results of this evaluation will be presented to the community, Committee, Planning Commission, and City Council to illustrate tradeoffs and inform the selection of the preferred land use scenario. The project team anticipates presenting the results in Spring 2023.

Below is a summary of each proposed Focus Area identified above and shown in Attachments 1 and 2.

East Avenue - Vasco Focus Area

The East Avenue and South Vasco Road focus area is approximately 40 acres and currently includes a mix of existing predominately light industrial uses and a few rural residential uses. The emergence of commercial uses from winery and brewery businesses have created a new vibrancy to this area that was not originally anticipated by the existing General Plan. The proposed vision for this focus area is a visitor ATTACHMENT 1
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destination that supports production maker spaces and wine country commercial uses and serves as a gateway to South Livermore Wine region. All three draft alternatives explore variations of a commercial and production maker village that accommodates the sale and cultivation of local products such as coffee, cheese, wine, and beer, along with related dining and entertainment uses. The maker village is activated by differing mixes of new residential uses and parks and open spaces.

Las Positas Court Focus Area

The Las Positas Court focus area is approximately 75 acres and currently includes low-lying industrial/office buildings and undeveloped land that fronts I-580 along with highway-oriented retail commercial uses. Considerations for the northern portion of this focus area include Arroyo Las Positas, flood plain limitations, limited access across the creek and biological resources. All of the alternatives propose adding residential south of Las Positas Court along with a new open space corridor, while preserving or expanding the existing commercial and industrial/office space north of Las Positas Court.

Laughlin Road Focus Area
The Laughlin Road focus area is approximately 270 acres and currently consists of primarily vacant, undeveloped land with minimal light industrial and open space/recreational uses. Much of this focus area is outside of the city limits, but within the Urban Growth Boundary. On the current General Plan map, this focus area is identified as a transit-oriented development in anticipation of a future BART station and maintenance facilities. BART formally decided not to extend service to Livermore. However, the new Valley Link rail system has identified transit stations in Livermore at Isabel Ave and Southfront Road.

Therefore, the current urban land use designations may not be appropriate at this location. Considering biological resources and earthquake fault lines in the undeveloped part of this focus area outside the city limits, all three draft alternatives anticipate preserving the majority of the focus area’s open space and explore different variations of residential, industrial, and commercial uses along I-580 at the southern and western edges of the focus area.

Southfront-Vasco Focus Area

The Southfront-Vasco focus area is approximately 630 acres and currently includes a mix of existing commercial, office, industrial, and residential land uses. The predominant existing land use is low intensity, light industrial. The existing Altamont Corridor Express (ACE) Vasco train station is located in the southeastern portion of the focus area near the existing Brisa residential neighborhood. In addition, a planned Valley Link train station is proposed within this focus area located within the I-580 median approximately midway between the First Street Interchange and Vasco Road Interchange. The vision for this focus area is a transit oriented, complete neighborhood, with a mix of housing, jobs, and services.

Each alternative includes a mix of residential and job supporting land uses in varying proportions.

Alternative A is focused on job growth, Alternative B is focused on housing growth, and Alternative C includes a balanced mix of both jobs and housing.

GENERAL PLAN ADVISORY COMMITTEE and PLANNING COMMISSION FEEDBACK

On June 8th and 9th, 2022, the General Plan Advisory Committee met to review and provide feedback on the draft land use alternatives. The Committee is comprised of 19 members that represent the Livermore community in the development of the Livermore 2045 General Plan. The Committee’s role is to ensure continuous and balanced public representation and provide feedback that conveys the ATTACHMENT 1
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community’s perspectives and local knowledge. The Committee provides feedback on work products, serves as liaison to the broader community, and advises the project team on effective outreach and engagement.

On June 21, 2022, the Planning Commission met to review and provide feedback on the draft land use alternatives. The role of the Planning Commission is to advise the City Council on the adoption and on- going review of the General Plan and serve as an advisory body to the Council on matters related to city growth and development. In addition, the Commission promotes public interest in planning and encourages citizen participation in the formation of the General Plan.

The Committee and Planning Commission both found the draft land use alternatives to be an appropriate range to pursue further study. In addition, the Committee and Planning Commission provided feedback on the draft land use alternatives that is summarized in Attachment 4. The Committee and Commission recommended modest changes and additions to the mix of land use alternatives within each of the focus areas. The draft land use alternatives have been updated to reflect both Committee and Commission feedback.

FISCAL AND ADMINISTRATIVE IMPACTS

On June 28, 2021, Council authorized a professional services agreement in an amount not to exceed $2,800,000 for a contract term beginning July 1, 2021 and ending July 1, 2024. The City’s 2021-2023 Operating Budget includes the General Fund appropriations necessary to cover consultant contract costs through the end of Fiscal Year 2022-23. The development and evaluation of a range of land use alternatives is a task identified in the contract. City staff time and resources has been programmed to participate in the document review, research and analysis, and community outreach related to the evaluation and review of the different possible outcomes resulting for the range of land use alternatives.

ATTACHMENTS

1. Citywide Focus Area Map

2. General Plan Draft Land Use Alternative

3. Land Use Place Types Menu

4. Planning Commission and GPAC Feedback Summary

Prepared by: Andy Ross
Economic Development Manager

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
ATTACHMENT 1
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MEMORANDUM
DATE February 24, 2023
TO Andy Ross, Economic Development Manager
FROM Joanna Jansen and Carey Stone, PlaceWorks
SUBJECT Livermore Land Use Alternatives Evaluation Preliminary Findings This memorandum provides an overview of the land use alternatives process, future job and housing benchmarks, summary of the citywide land use alternatives, and preliminary findings from the alternatives evaluation for select topics. The alternatives evaluation is still in process and it is possible these findings may be refined by the General Plan team as the evaluation continues.

LAND USE ALTERNATIVES PROCESS
A major component of the General Plan Update process is modifying the General Plan Land Use Map to align with the vision and plan for future growth. The new General Plan Land Use Map will be developed iteratively through creation and evaluation of draft land use alternatives to ultimately select a preferred land use scenario. The process will be shaped by community, General Plan Advisory Committee (GPAC), and Planning Commission input. The City Council will ultimately provide direction on the preferred scenario in fall 2023.

To arrive at a preferred scenario, the project team is following five steps, described below.

Currently, the project team is in step three and anticipates sharing the full results of the alternatives evaluation with the community in spring 2023.

1. Focus Area Identification
For many parts of Livermore, the General Plan land use designations remain valid and appropriate and are
not expected to change. This task identified areas where transformation is expected or desired, known as Focus Areas. Focus Areas are typically a combination of many parcels and are many acres in size.

2. Create Land Use Alternatives
Using GPAC, property owner, and community feedback, the project team prepared three draft land use alternatives for each draft Focus Area that considers a range of different intensities and types of development that could occur over the next 25 years. The current version reflects feedback from the GPAC, Planning Commission, and City Council.

3. Evaluate and Compare Alternatives
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Following GPAC and Planning Commission review and City Council direction, the project team has initiated an analysis to compare the differing outcomes of these alternatives against a set of metrics. The evaluation will take approximately six months and consider topics such as:
» Climate change and resilience
» Public safety
» Equity
» Parks
» Housing supply
» Student generation and school capacity
» Capacity of water, sewer, and storm drainage infrastructure » Open space preservation and biological resources
» Historic resources
» Aesthetics and urban design
» Fiscal impacts
» Traffic and transportation impacts
» Commercial land use supply (adequate sites and geographic distribution) » Commercial diversity (product, service, recreation)
» Jobs/housing balance and jobs/housing match

4. Create the Preferred Scenario
Beginning in spring 2023, the project team will present the results of the alternatives evaluation to the community, Committee, Planning Commission, and City Council to choose a preferred scenario for each Focus Area after considering the relative benefits, trade-offs, and potential impacts of each alternative. The preferred scenario will likely be the result of mixing different combinations of land use types identified in the draft alternatives for each Focus Area.

5. Analyze the Preferred Scenario as part of the Draft General Plan Once a preferred scenario is finalized, the project team will integrate the preferred scenarios with the citywide General Plan land use map. The Draft General Plan will cover the entire city and analyze proposed growth to understand required infrastructure improvements, the fiscal impacts, and the financing tools and policies available to finance any public costs associated with the preferred scenario. The Draft General Plan, including policies and actions in all elements, will undergo additional analysis in the Draft Environmental Impact Report.

PROJECTED EMPLOYMENT GROWTH
To understand potential employment growth for Livermore, the General Plan team reviewed employment forecasts from the California Department of Transportation; Jobs EQ by Chmura, a ATTACHMENT 2
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private-sector dataset and software tool; Moody’s Analytics; and Woods & Poole Economics. These employment forecasts suggest that Livermore could potentially add between 5,400 and 21,300 jobs by 2050.

PROJECTED RESIDENTIAL GROWTH
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 the General Plan and is currently being updated. State law requires every California jurisdiction to plan for its “fair share” of the regional housing need for households of all income levels.

To comply with State law, the City’s Housing Element is currently being 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) Regional Housing Needs Allocation (RHNA) for the 2023-2031 planning period. This will be the “6
th cycle.” Livermore’s 6th Cycle RHNA is 4,570 housing
units, distributed among four income categories that range from Very Low Income to Above Moderate Income. The Council adopted Livermore’s 6 th cycle 2023-2031 Housing Element on March 13, 2023. The 2023-2031 Housing Element demonstrates that the City accommodate the new housing units needed under the 6 th cycle RHNA based on the existing General Plan. The adopted Housing Element does not require any General Plan land use designation changes. All housing sites included in the adopted 2023-2031 Housing Element are designated to accommodate multi-family residential development on all land use alternatives. The 6 th cycle Housing Element
sites will not be affected by the land use alternatives being considered as part of Imagine Livermore 2045.

However, the General Plan extends beyond the end of the 6 th cycle. Assuming continued 8-year
RHNA cycles, and that the General Plan’s expected horizon year is 2045, the updated General Plan should designate sufficient residential land to accommodate the future 7th cycle (January 2031 to January 2039) and most of the 8th cycle (January 2039 to January 2047).

The scale of future housing allocations is unknown and difficult to predict. If the 7 th cycle RHNA is in the same proportion to the existing number of homes as the 6 th cycle RHNA, it would call for 5,100 to 5,200 new units. If the 8 th cycle continues that trend, it could be expected to call for an additional 5,900 to 6,000 new units, for a combined total of around 11,000 new units over the 7th and 8th cycles, covering the years 2031 to 2047. This does not include any additional “buffer” for the two future RHNA cycles. (A buffer is necessary to ensure that if the sites listed in the housing opportunity sites inventory are developed without housing, or are developed with less than the full amount of housing claimed in the inventory, there is remaining capacity to ensure an ongoing supply of sites for the full RHNA during the eight years of the Housing Element cycle.) HCD recommends a buffer of least 15% to 30%, but some jurisdictions provide a buffer of up to 50%.

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Table 1 summarizes the projected RHNA for Livermore through 2045 and the number of housing units the General Plan Update should likely plan for through 2045.

If the City does not designate adequate residential sites to meet the future RHNAs as part of the General Plan Update, the next Housing Element, eight years from now, will need to revisit the General Plan land use map and include a process to identify and change the designations on additional sites to accommodate more future housing.

TABLE 1 P ROJECTED RESIDENTIAL GROWTH, 2023 – 2047
Housing Element Cycle
Projected Housing Need
(Low)
Projected Housing Need
(High)
6th Cycle RHNA (Jan 2023 to Jan 2031) 4,570 4,570
7th Cycle RHNA Estimate (Jan 2031 to Jan 2039) 5,100* 5,200* 8th Cycle RHNA Estimate (Jan 2039 to Jan 2047) 5,900* 6,000* 15% - 30% Buffer Estimate for 7th and 8th Cycle
RHNAs 1,650 3,360
Total Projected Housing Unit Need 17,220 19,130
Source: PlaceWorks, 2023.
*Note: The 7th and 8th Housing Element cycle RHNA is unknown at this time. The numbers provided are estimates based on past RHNA for the City of Livermore.

CITYWIDE LAND USE ALTERNATIVES BUILDOUT
To understand the citywide implications of additional growth, the General Plan team created three citywide land use alternatives by combing the focus area alternatives and assuming the same amount of growth for the areas outside the focus areas consistent with the existing General Plan land use designations. The citywide alternatives are based on the following combination of the focus area alternatives:
 Citywide Alternative A
o Southfront Business Center Alternative
o East Ave and South Vasco Road Production Alternative
o Laughlin Road Mixed Use Alternative
o Las Positas Residential Alternative
 Citywide Alternative B
o Southfront Blended Alternative
o East Ave and South Vasco Wine Country Center Alternative o Laughlin Road Industrial Alternative
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o Las Positas Highway Oriented Alternative
 Citywide Alternative C
o Southfront Residential Neighborhood Alternative
o East Ave and South Vasco Maker Village Alternative
o Laughlin Road Open Space Alternative
o Las Positas Neighborhood Center Alternative
Future
job and housing growth outside the focus areas is anticipated to occur in the Isabel Neighborhood Specific Plan area, Downtown Specific Plan area, Lawrence Livermore National Laboratory, Sandia National Laboratory, and other scattered infill sites, including the 6 th cycle Housing Element sites and pending development projects located throughout the city.

Table 2 summarizes the potential buildout for the citywide alternatives. The 2020 baseline numbers originate from the City’s traffic model. The traffic model utilizes data from Urban Footprint which is based on information from the Alameda County Assessor's Office (acquired from CoreLogic) and Census data. The City validated the data using information from the California Department of Finance and also completed a manual review of the results to assess the accuracy of the data.

TABLE 2 C ITYWIDE LAND USE ALTERNATIVES 2045 BUILDOUT
Existing
Conditions
(2020) Alternative A Alternative B Alternative C
2045 Net
New 2045 Total 2045 Net
New 2045 Total 2045 Net
New 2045 Total
Households 31,530 13,930 45,460 16,640 48,170 18,920 50,450 Housing
Units
33,620 14,850 48,470 17,740 51,360 20,170 53,790
Population 90,500 39,970 130,470 47,760 138,260 54,300 144,800 Jobs 52,270 18,750 71,020 18,200 70,470 18,860 71,130
Source: City of Livermore 2020 Traffic Model and PlaceWorks, 2023.

PRELIMINARY ALTERNATIVES EVALUATION FINDINGS
This section presents preliminary findings from the alternatives evaluation for the following topics:
 Jobs-housing match
 Industrial land supply
 Ability to accommodate future RHNA
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Jobs-Housing Match
Jobs-housing balance is a measure of how well the local economy provides jobs for the local labor force. Although this topic is often described as “jobs/housing” balance, comparing the number of jobs to the number of employed residents is a more direct comparison of individuals, rather than comparing people to homes. It also reflects the fact that many residents are children, seniors, students, or otherwise not part of the workforce. The jobs-to-employed residents ratio is calculated by dividing the number of jobs in the community by the number of employed residents in the same area. A high number of jobs relative to residents typically indicates that workers are commuting into the community. A low number of jobs and high number of residents typically indicates that workers are commuting out of the community for work.

An ideal jobs-to-employed residents ratio for a city like Livermore would be 1.0, which indicates that there is a job in the community for every employed resident. It is important to note, even with an ideal jobs-to-employed residents ratio of 1.0, that many residents will continue to commute outside of Livermore while workers that do not reside in Livermore will continue to commute in.

Although the City cannot control whether jobs within Livermore are filled by residents, striving for a jobs-to-employed residents ratio of 1.0 increases the opportunity for employed residents to find a job in Livermore.

Table 3 shows the jobs-to-employed residents ratio for the three land use alternatives. Based on existing conditions plus net new employees and new population projected through 2045 under each alternative, all alternatives would result in a slightly lower jobs to employed residents ratio compared to 2020 existing conditions. Alternative C would result in more employed residents than local jobs.

As described previously, in- and out-commuting will continue under any alternative even with at an ideal jobs-to-employed residents of 1.0.

TABLE 3 J OBS TO EMPLOYED RESIDENTS RATIO
Existing (2020) Alternative A
(Net New + Existing)
Alternative B
(Net New + Existing)
Alternative C
(Net New + Existing)
Population 90,500 130,470 138,260 144,800
Jobs 52,270 71,020 70,470 71,130
Est. Employed
residents (54% of
population)
48,890 70,487 74,695 78,228
Jobs-to-Employed
Residents Ratio 1.07 1.01 1.00 0.91
Source: City of Livermore 2020 Traffic Model andPlaceWorks, 2023.

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Industrial Land Supply
When reviewing the draft land use alternatives, the General Plan Advisory Committee raised a concern about the cumulative citywide effect of replacing industrial land with other uses in the Southfront and Laughlin Road Focus Areas. The GPAC wanted to ensure that any potential displacement of local industrial jobs could be absorbed in other parts of the city. To determine how much industrial land would be changed to other uses, the General Plan team calculated the total amount of land citywide with an industrial designation under each alternative. Outside of the Focus Areas, land use designations remain the same across all three alternatives. All citywide land use alternatives result in a net loss of industrial land, as shown in Table 4.

TABLE 4 I NDUSTRIAL LAND SUPPLY BY CITYWIDE ALTERNATIVE Land Use Plan Acres of Industrial Land Difference Between Existing General Plan Existing General Plan 2,350 n/a
Citywide Alternative A 2,268 -82
Citywide Alternative B 2,060 -291
Citywide Alternative C 2,213 -137
Source: PlaceWorks, 2023.

Ability to Accommodate Future RHNA
All alternatives will accommodate the 6th cycle RHNA of 4,570 units covered in the adopted 2023- 2031 Housing Element. These units are planned for but not yet built, so they are included in the calculations of future new homes under each alternative. The General Plan team evaluated each alternative to understand if the 7
th and 8th RHNA cycles could also be accommodated under the citywide land use alternatives as shown in Figure 1. Note that this analysis is at a very high level and does not consider the specific income or density requirements for housing sites per State Housing Element Law (Government Code Section 65583.2); that analysis will be appropriate at the time the City receives the official RHNA.
 Alternative Awould add 14,850 net new housing units. This alternative would have sufficien
t housing sites for the 6th cycle (4,570 units) and likely the 7th cycle (estimated at 5,100 to 5,200 units). Based on the General Plan team estimates for the 8th Housing Cycle (5,900 to 6,000 units), Alternative A would not have enough housing sites and the City would need to revisit the General Plan land use map before the start of the 8th cycle in January 2039 to identify at least another 720 housing sites, and likely more to provide a buffer .

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 Alternative Bwould add 17,740 net new housing units. This alternative would have sufficien
t housing sites for the 6th, 7th, and 8th Housing Element cycles, and an additional buffer of between 1,970 to 2,170 housing sites.
 Alternative Cwould add 20,170 net new housing units. Alternative C would have sufficient housing site
s for the 6th, 7th, and 8th Housing Element cycles and would provide an additional buffer of between 4,400 to 4,600 housing sites.

FIGURE 1 L AND USE ALTERNATIVES ABILITY TO ACCOMMODATE FUTURE RHNA ATTACHMENT 2
273
General Plan Advisory Committee
Review of Existing General Plan Goals, Objectives, Policies and Actions Feedback Summary
Community Character Element
• Growth outside city in East of Greenville Rd area
• P
reserve scenic corridors + mitigate
• South Livermore
o Ge
neral Plan should do more to protect and promote
o Be more clear about future improvements, e.g. underground lines o Capture value from new businesses that will locate here • Address poor management of land outside UGB
• What do we want Livermore’s identity to be?
• Investigate North of Livermore
• P
rotect creek corridors including homeless camp impacts
• Wording makes higher density sound dangerous
• Open space is why we are unique and why we are here
• I-580 Scenic corridor policy is very in-depth; don’t carry forward this policy if it is not being fo
llowed.

Economic Development Element
• Where do we stand since 2022?
• Element should be stronger
• Remaining inventory of commercial land? 731 acres consumed • Balance new housing
• A
g + agritourism- no Actions in Element – add
• National Labs – add actions
o Open campus (outside of National Lab campus)
• H
igh quality educational opportunities
• Opportunities for biotech/ high quality commercial
o Wan
t transit access
Land Use Element
• Add TOD policies about Southfront (like Isabel Neighborhood Specific Plan) • Replace commercial land that is used for housing
• This Element needs a structural re-organization
• Attract a college campus Minor educational use in north Livermore? • Jobs/Housing match in/out commuting
• C
hanging role of city w/ remote work
Circulation Element
• Need to address new topics
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• Reduce carbon footprint
o Plan for zero emission models
• I
mprove circulation system without having to rely on cars to travel • Consider autonomous vehicles
• Improve public transit system
• Should be able to get to work without a car
• Plan for electric vehicle charging infrastructure
• Encourage trail use; improve trail access
o Cross reference trail access with Open Space and Conservation Element • Install energy efficient street lights
• Improve bikeability – cross reference with Active Transportation Plan Noise Element
• Consider impacts in TOD neighborhoods from rail and other noise • Consider sound mitigation from transportation
• Connects to community character by mitigating noise impacts through landscaping and building d
esign
• Consider airport, I-580, and train noise
• Buffer residential from potential noise impacts in focus areas Infrastructure and Public Services Element
• What came true? What actually happened?
• Scope, interdependency, urgency, proactivity are missing • How does infrastructure handle extreme weather/climate events? • Public health infrastructure is missing
• Go beyond what is known
Public Safety Element
• Minimal, reductive.
• Show interdependency with other Tri Valley Cities
Climate Change Element
• Reflect new technology
• Climate change is a reality, not hypothetical
• V
alues shift should drive changes – big topics
o capitalize on emerging technology
• Update background data
• N
eed to mitigate for deleterious public health outcomes
General Comments
• For each action, need to specify:
o Timeframe
o Staffing
o Steps reporting/ tracking
o Operationalized
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ATTACHMENT 4
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ATTACHMENT 4
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RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION REVISING THE COMPOSITION OF THE GENERAL PLAN ADVISORY COMMITTEE AND THE COMMITTEE’S RULES OF PROCEDURE On June 28, 2021, the City Council authorized the formation of a General Plan Advisory Committee made up of community stakeholders.

On July 26, 2021, the City Council adopted Resolution No. 2021-146 adopting the Rules of Procedure for the General Plan Advisory Committee and establishing that the committee consists of 15 members and 4 alternates.

On October 7, 2021, the City Council appointed 19 members to the General Plan Advisory Committee and directed staff to conform the committee’s rules of procedure to reflect they were all regular committee members.

On November 8, 2021, the City Council adopted Resolution No. 2021-186 adopting revised Rules of Procedure for the General Plan Advisory Committee and establishing that the committee consists of 19 regular members.

On April 11, 2022, the City Council adopted Resolution No. 2022-056 revising the Rules of Procedure for the General Plan Advisory Committee.

Since December 1, 2022, six members of the Committee have resigned for various reasons and rather than fill those vacancies, staff recommends the City Council reduce the composition of the General Plan Advisory Committee from 19 members to 13 members. In addition, in the event of a future vacancy on the committee, rather than appoint someone to fill that vacancy staff recommends the membership be reduced to reflect the committee is solely comprised of the remaining members. Lastly, staff recommends the City Council specify that members of the General Plan Advisory Committee are ineligible to concurrently serve on other City Advisory Bodies identified in the Livermore Municipal Code or otherwise established by the City Council. To implement these changes, staff recommends the City Council adopt this resolution to revise the Rules of Procedure for the General Plan Advisory Committee, attached hereto as Exhibit A.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that the revised General Plan Advisory Committee Rules of Procedure, attached hereto as Exhibit A, are adopted and replace all prior versions of the committees’ rules of procedure.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that the committee’s composition is reset at 13 members, except that in the event of a future vacancy the committee’s membership will be reduced to the number of remaining members. In the event the membership falls below 9 members, staff is hereby directed to 278
RESOLUTION NO. ________
return to the City Council with a recommendation on future amendments to the committee’s composition.

On motion of Council Member _______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on April 10, 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 - Rules of Procedure for the General Plan Advisory Committee 279

CITY OF LIVERMORE

GENERAL PLAN ADVISORY COMMITTEE

RULES OF PROCEDURE
Prepared by the City Clerk’s Office
April 2022

EXHIBIT A
280

GENERAL PLAN ADVISORY COMMITTEE
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CITY OF LIVERMORE

GENERAL PLAN ADVISORY COMMITTEE

RULES OF PROCEDURE

1. Duties and Responsibilities
The City Council declares that the individuals appointed to the General Plan Advisory Committee are intended to represent and further the interest of the community and long-term vision of the city and that such representation and furtherance will ultimately serve the public interest.

The General Plan Advisory Committee shall have the following duties and responsibilities:
a. Provide input and feedback to City staff at specific intervals throughout the development of the General Plan update; and
b. Provide information to and serve as liaison to the community and respective groups; and
c. Provide input and feedback to City staff on General Plan update efforts and conditions; and
d. Provide feedback to City staff on proposed General Plan goals, policies, and objectives.

City Staff will share feedback gathered from the Committee with the Planning Commission and City Council as part of those body’s deliberations and decisions.

2. Members
The General Plan Advisory Committee shall consist of thirteen (13) members, all of whom shall reside and/or work in Livermore. The Committee will be comprised of community members who represent a broad spectrum of individuals in the Livermore community. Any future resignations from the body do not need to be filled. In the event the membership falls below nine (9) members, City Council may consider future amendments to the committee’s composition. Due to the comprehensive nature of the General Plan Update subject matter, Committee members are limited to serving on this Committee and are ineligible to serve on additional City advisory bodies.

3. Intentionally Deleted

4. Term Limits

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The General Plan Advisory Committee is a limited duration committee that will serve until the City Council adopts the General Plan Update.

5. Attendance Policy
Attendance of Committee members is mandatory at all meetings. Members who are unable to attend a meeting must notify the staff liaison of their absence prior to the meeting. A Committee member will be subject to removal after three absences. The staff liaison will document all absences and report to the City Clerk when a member of the Committee has exceeded the allowed number of absences. The City Clerk will notify the City Council with a memo explaining the circumstances of the absences and the City Council will determine if an agenda item is needed to consider whether removal from the Committee is appropriate. The member will have the opportunity to speak at a City Council meeting when removal is under consideration. The final decision to remove a member from the Committee rests solely with the City Council.

6. Elections and Officers
The General Plan Advisory Committee shall elect a Chairperson and a Vice Chairperson at the first meeting, and annually at the last meeting of the year thereafter.

Election of the officers shall be by a majority vote of the General Plan Advisory Committee. The role of the officers shall be as follows:
a. Chairperson – The Chairperson shall preside at all regular meetings and may call special meetings. The Chairperson shall decide upon all points of order and procedure during the meeting.
b. Vice Chairperson – The Vice Chairperson shall assume all duties of the Chairperson in the absence or disability of the Chairperson. c. Presiding Officer – In the absence of the Chairperson and Vice Chairperson, the members present shall select a Presiding Officer.

7. Meetings
The Committee will convene beginning in fall 2021. Meetings shall be held at 7:00 pm on the second Wednesday of the month at the William Mendenhall Community Room, at 1016 South Livermore Avenue. All meetings shall be open to the public. The General Plan Advisory Committee may not meet in closed session. Committee members may not participate in a meeting remotely, via teleconference or videoconference.

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8. Agenda Preparation and Posting - The staff liaison shall post the notices and agendas for each General Plan Advisory Committee meeting in the kiosk in front of the Civic Center Meeting Hall, the Civic Center Library and on the City’s website. a. Regular Meetings
Agendas shall be prepared in accordance with the requirements of the Brown Act and shall be posted in a location that is freely accessible to members of the public at least 72 hours in advance of a meeting. The agenda shall specify the time and location of the meeting and contain a brief description of each item of business to be transacted or discussed at the meeting. [54954.2]
b. Special Meetings and Workshops
Notice of the call for a special meeting must be delivered and received by each Committee 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. The agenda shall specify the time and location of the meeting, contain a brief description of each item of business to be transacted or discussed at the meeting, and state who called the special meeting. [54956].

9. Minutes of Proceedings
An account of all proceedings of the General Plan Advisory Committee meetings shall be prepared by the staff liaison, agendized, and approved by the General Plan Advisory Committee. The staff liaison with input from the City Clerk, and consistent with the uniform format provided by the City Clerk, shall determine the preferred software/recording device used to capture the minutes for their advisory body meetings.

Minutes shall be provided for Committee consideration and approval as action minutes.

10. Quorum
A Majority of members (50% plus 1) constitutes a quorum of the General Action Plan Advisory Committee. A quorum of the members must be present to conduct any business. In the absence of a quorum at a meeting, the meeting must be adjourned.

The matters listed on the agenda shall be taken up at the next scheduled meeting of the General Plan Advisory Committee if deemed necessary. A meeting may also be declared adjourned in advance, if absence notifications received by staff create a lack of quorum. Cancellations of meetings must comply with the requirements of the Brown Act.

11. Conduct at Meetings
a. All meetings shall be held in accordance with City policies and the Brown Act Open Meeting Laws (Government Code, Sections 54950 and following). Only items listed on the agenda may be considered by the General Plan Advisory Committee.

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b. General Conduct of Meetings – Points of order shall be settled by the Chairperson.

Points of order shall comply with the Brown Act, the City Council Rules of Procedure, Rosenberg’s Rules of Order, Revised 2011 (see Appendix A), General Plan Advisory Committee Rules of Procedure and City policies. The Chairperson will consult with staff as necessary. Unresolved issues shall be referred to the City Attorney and continued to a future meeting. Any member desiring to speak must first be recognized by the Chairperson and shall confine any remarks to the subject under consideration.
c. Voting on Items – Voting on items shall be in accordance with Rosenberg’s Rules of Order and Parliamentary Procedures. The General Plan Advisory Committee shall not take a sealed ballot vote.
d. Call to Order - The Chairperson shall call the meeting to order at the appointed time. If both the Chairperson and the Vice Chairperson are absent, then the staff liaison shall call the meeting to order, and the Committee Members present shall then select a presiding officer for that meeting.
e. Preservation of Order - The Chairperson shall preserve strict order and decorum, and shall discourage personal, verbal attacks on Committee Members, staff, and/or citizens, but shall not prohibit criticisms of the policies, procedures, programs, or services of the City, or of the acts or omissions of the General Plan Advisory Committee or members of the City staff. The Chairperson shall confine debate to the item under discussion. [36813, 38638, 54954.3, 54957.9]. f. Reordering of Agenda - The Chairperson 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 General Plan Advisory Committee later in the meeting. The Chairperson shall announce the reorder prior to calling members of the public to speak during citizens forum. g. Motion to be Stated - The Chairperson shall state all motions submitted for a vote by the General Plan Advisory Committee and announce the result of the vote and identify the no votes and any Committee Members that abstained or recused themselves from the vote. 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)].

12. Citizens’ Forum/Public Comments
Every agenda shall provide the opportunity for members of the public to address the General Plan Advisory Committee on subjects which are and are not listed on the agenda and are within the subject matter jurisdiction of the General Plan Advisory Committee. The Chairperson may establish time limits per individual speaker. The General Plan Advisory Committee shall not discuss nor take action on subjects raised under Citizens’ Forum/Public Comments; but the Chairperson, with the concurrence of

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a majority of the General Plan Advisory Committee, may direct staff to place subjects raised under Citizens’ Forum/Public Comments on a future General Plan Advisory Committee agenda.

13. Subcommittees
The General Plan Advisory Committee shall not form standing subcommittees (those with ongoing subject-matter jurisdiction and regularly scheduled meetings) without prior City Council approval. Such subcommittees shall be subject to all City policies and the requirements of the Brown Act.

14. Staff Support
The head of the department responsible for supporting the General Plan Advisory Committee shall designate one or more employees to serve as staff liaison to the General Plan Advisory Committee. The Staff Liaison shall prepare and post the agenda, take and maintain meeting minutes, prepare other documents as directed by the Chairperson in accordance with City Council Goals and Priorities or in accordance with direction from the City Manager or City Manager’s designee, and generally assist the General Plan Advisory Committee in performing its duties. The Staff Liaison shall have no voting authority.

Committee Members must work 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, the Committee 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.

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

15. Types of Meetings

15.1 Regular Meetings
The General Plan Advisory Committee shall meet in the William H. Mendenhall Community Room for all regular Committee meetings. The regular meetings shall begin on the second Wednesday of the month at 7:00 p.m., unless otherwise specified by posted notice. If the meeting date falls on a legal holiday, the General Plan Advisory Committee shall meet at a date and time designated by the Committee.

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15.2 Special Meetings
Special meetings may be called by the Committee Chair, the Committee liaison or by a majority of Committee members. 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 General Plan Advisory Committee may take final action at a special meeting that is not a workshop.

15.3 Special Meeting Workshops
The General Plan Advisory Committee may meet informally in special meetings designated as workshops that are called by the Chairperson, the Committee liaison, or by a majority of Committee Members. Workshops are special meetings intended for training purposes such as ethics training, sexual harassment prevention and education, and specific technical subjects.

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

The General Plan Advisory Committee may provide direction, but unlike other special meetings the General Plan Advisory Committee may not take a final action at a workshop. [54956].

15.4 Adjourned Meetings, and Adjourned Regular Meetings Any meeting of the General Plan Advisory Committee 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 Chairperson, Committee liaison, or majority of 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 General Plan Advisory Committee’s annual calendar. [54955]

16. Actions Limited to Posted Agendas
The General Plan Advisory Committee shall not discuss or take action on any item not appearing on the posted notice or agenda for that meeting. However, as permitted by the Brown Act, Committee Members and staff may briefly respond to statements made or questions posed by the General Plan Advisory Committee or by members of the public addressing the General Plan Advisory Committee. Committee 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.

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

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

17.2 Good Cause to Continue During Consideration
Once an item has been taken up for consideration, City staff, a Committee Member, or a participating party as defined in Section 21.4.4 Participating Parties may request a continuance of the item. The item may only be continued following a majority vote of the Committee Members present.

17.3 Public Comment for a Continued Item
If the opportunity for the public to address the General Plan Advisory Committee has concluded and the item was returned to the General Plan Advisory Committee for deliberation before it was continued, then the opportunity for public comment on the item will not be reopened absent a motion by the General Plan Advisory Committee. [54955].

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

18.1 Canvass and Reorder
At 10:30 p.m., or as soon thereafter as practical, the Chairperson shall canvass staff and Committee members present to identify the remaining agenda items for consideration. The Chairperson will then identify what items will be considered or continued, and in what order. Once the Chairperson outlines the balance of the agenda, it may not be amended absent an appeal by a Committee Member.

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

Generally, the General Plan Advisory Committee will 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.

18.3 Exceptions
The General Plan Advisory Committee may commence consideration of an item after 11:00 p.m. under the following circumstances:

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a. An item is subject to a legal deadline, such as a project application subject to the Permit Streamlining Act; or,
b. The General Plan Advisory Committee votes to allow consideration of the item after 11:00 p.m.

19. Points of Order, Privilege, and Personal Privilege
A Committee Member may ask for a point of order, at which time the Chairperson will ask for an explanation. Appropriate points of order relate to matters that a Committee Member considers inappropriate conduct for the meeting, such as the failure to observe these Rules of Procedure or the rules of parliamentary procedure.

A Committee Member may seek a point of privilege. If so, the Chairperson shall ask for an explanation of the Committee Member’s point. Points of privilege generally relate to matters that interfere with a normal flow or comfort of the General Plan Advisory Committee’s meeting, such as the inability to hear testimony because of disruption.

A Committee Member may ask for a point of personal privilege when the integrity, character, or motives of the Committee Member are called into question by a speaker; or where the welfare of the General Plan Advisory Committee 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 staff liaison until the point is resolved.

20. Minutes - An account of all final actions or recommendations of the General Plan Advisory Committee shall be prepared by the staff liaison and approved by the Committee. The staff liaison with input from the City Clerk, and consistent with the uniform format provided by the City Clerk, shall determine the preferred software/recording device used to capture the minutes for their advisory body meetings. Minutes shall be provided for Committee consideration and approval as action minutes

20.1 Approval
The minutes for a General Plan Advisory Committee meeting shall be reviewed and approved as set forth in this section.
a. The General Plan Advisory Committee shall approve minutes for a regular meeting, special meeting, and special meeting workshops. b. A General Plan Advisory Committee member may not approve the minutes for any meeting that the Committee member did not attend.

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Also, a General Plan Advisory Committee member may not approve the minutes for a meeting that they were not eligible to attend as a committee member. c. If no Committee members are eligible to approve the minutes for a General Plan Advisory Committee meeting, then the staff liaison shall attest to the accuracy of the meeting minutes and enter them into official minute books.

20.2 Preferred Method of Recordation and Minutes
General Plan Advisory Committee liaisons shall take an audio recording of each meeting and keep them in accordance with the City’s Records Retention Schedule.

Minutes of General Plan Advisory Committee meetings shall be action minutes that capture the action taken by the General Plan Advisory Committee and the outcome of each agenda item.

20.3 Staff Attendance & Development of Agenda - Staff attendance and agenda development will be determined by the staff liaison for the advisory body.

21. Order of Business – Regular Meetings
The usual order of business for regular meetings shall be as follows:

21.1. Call to Order
This portion of the agenda is for roll call and the pledge of allegiance.

21.2. Citizens Forum
This portion of the agenda is for any member of the public to address the General Plan Advisory Committee on any item of interest to the public that is within the General Plan Advisory Committee’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 General Plan Advisory Committee when that item is called for consideration.

Citizen’s 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 Chair shall reconvene the citizens forum at the conclusion of the matters for consideration portion of the agenda unless the Chair announces that citizens forum is reordered to a different place on the agenda.

The procedures for public comments during the citizens forum are set forth in Section 23 Citizens’ Rights.

21.3. Consent Calendar

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The consent calendar portion of the agenda is for routine items that are not expected to require General Plan Advisory Committee discussion. Examples of items for the consent calendar include the approval of minutes. Any General Plan Advisory Committee member may pull an item for separate discussion. Members of the public may address the General Plan Advisory Committee on consent calendar items by following the procedures set forth in Section 23 Citizens’ Rights.

The items on the consent calendar are generally approved by the General Plan Advisory Committee by a single motion, but separate motions may be appropriate to accommodate a conflict of interest, an absence, or other Committee Member interests.

21.4. Matters for Consideration
This portion of the agenda is for items of business that require General Plan Advisory Committee action, direction, or receipt of reports that do not also require a public hearing. The procedures for this portion of the agenda follow the following procedure:

21.4.1 Introduction
The Chairperson shall call each item for hearing and consideration. If there are public hearing items, the Chairperson has the discretion to concurrently call the items for hearing and consideration.

21.4.2 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 General Plan Advisory Committee’s consideration, as well as any written comments received from the public. b. Identify any supplemental written materials that have been provided to the General Plan Advisory Committee 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 the General Plan Advisory Committee questions.
d. State whether the applicant is present and whether the applicant intends to make a presentation to the General Plan Advisory Committee. e. Make an oral report, unless waived by the General Plan Advisory Committee.

21.4.3 General Plan Advisory Committee Questions or Comments

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Following the staff presentation, the Committee Members may ask questions of City staff and consultants or make comments on the item.

21.4.4 Participating Parties

Following Committee Member questions and comments after the staff presentation, the applicant, appellant, and other named participant in the item that is party to an agenda item (collectively “participating parties”) may address the Committee. After the Chair determines that no other participating parties wish to address the General Plan Advisory Committee on the hearing item, the Chairperson will then invite Committee Member questions or comments of the participating parties and staff concerning the item. Participating parties shall address the General Plan Advisory Committee following the procedures set forth in Section 23 Citizens’ Rights.

21.4.5 Opportunity for Public Comment

The purpose of the public hearing is to provide members of the public with an opportunity to address the General Plan Advisory Committee concerning the item, as well as to express their support or opposition of the item. The Chairperson will formally announce the opening of the public comment period and invite members of the public to address the General Plan Advisory Committee on the item. Public speakers shall address the General Plan Advisory Committee following the procedures set forth in Section 23 Citizens’ Rights.

After the Chairperson determines that no other member of the public wishes to address the General Plan Advisory Committee on the hearing item, the Chairperson will formally close the public comment period and return the item to the General Plan Advisory Committee for deliberation.

21.4.6 Deliberation

Once an item of business returns to the General Plan Advisory Committee for deliberation, the Chairperson will invite the Committee Members to discuss the item to develop concurrence for a motion. Committee Members may ask questions of staff and the participating parties as part of their deliberations.

21.4.7. General Plan Advisory Committee Action

After General Plan Advisory Committee deliberation, the Chairperson shall call for a motion and a second as set forth in Section 25 Motions, and the General Plan Advisory Committee 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 Chairperson may invite public comments on the motion. Each speaker will be limited to one minute to comment on the motion; and the General Plan Advisory Committee has discretion to decide not to hear further comment if they choose. Public speakers shall

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address the General Plan Advisory Committee following the procedures set forth in Section 23 Citizens’ Rights.

Prior to deliberating on matters for consideration, the General Plan Advisory Committee shall receive public comment as provided for in Section 23 Citizens’ Rights. After receiving public comment, the General Plan Advisory Committee shall deliberate and shall receive the report, take action, or provide direction as set forth in Section 25 Motions.

21.5 Reports and Matters Initiated
This portion of the agenda is for:
a. Each member of the General Plan Advisory Committee to provide brief reports on any conferences, training, community meetings, or other events of interest to the community that the Committee member attended at the City’s expense [53232.2(d)].
b. The city staff to provide information of community interest to the General Plan Advisory Committee and to seek direction from the General Plan Advisory Committee concerning items to be included on future agendas. c. The General Plan Advisory Committee 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 citizens forum.
d. The General Plan Advisory Committee to request staff to provide information, perform studies, or undertake other administrative functions or to develop information for Committee action at a future meeting. If the requested action cannot be accomplished within the approved budget or if it will involve substantial staff resources, approval of resources would need to be provided from the City Council prior to staff completing the work.

Members of the public do not have the right to address the General Plan Advisory Committee 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].

21.6 Adjournment
This portion of the agenda is for the Chairperson to adjourn the General Plan Advisory Committee meeting to its next meeting. The meeting may be adjourned to a regular meeting, special meeting, special meeting workshop, adjourned regular meeting, or adjourned special meeting.

Members of the public do not have the right to address the General Plan Advisory Committee during this portion of the agenda. [54954.3(a); Coalition of Labor,

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Agriculture & Business v. County of Santa Barbara Bd. of Supervisors, (2005) 129 Cal.App.4th 205].

Adjournment at any other point in the meeting requires a formal motion by the General Plan Advisory Committee.

22. Order of Business – Special Meetings and Workshops

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

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

22.1. Call to Order

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

22.2. Public Comment

The purpose of this portion of the agenda is to provide the public with the opportunity to address the General Plan Advisory Committee on only those items listed in the posted notice and agenda for the special meeting or workshop.

Public speakers shall address the General Plan Advisory Committee following the procedures set forth in Section 23 Citizens’ Rights.

However, unlike a regular meeting, the agenda for a special meeting will not include a citizens’ forum or opportunity for the public to address the General Plan Advisory Committee on any item of interest to the public that is within the General Plan Advisory Committee’s subject matter jurisdiction, unless that opportunity is expressly included in the agenda.

22.3 Special Meeting Item and Workshop Item

Generally, the procedures for this portion of the agenda follow the procedures in Section 21.4.1 Introduction, 21.4.2 Staff Presentation, 21.4.3 Questions and Comments, and 21.4.6 Deliberations. The General Plan Advisory Committee may take a final action at a special meeting, but not at a workshop, as set forth in Section 15.2 Special Meetings and Section 15.3 Special Meeting Workshops

22.4 Adjournment

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

23. Citizens’ Rights

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A General Plan Advisory Committee meeting is a limited public forum. [78 Ops.Cal.Atty.Gen. 224 (1995); Kindt v. Santa Monica Rent Control Bd. (9th Cir. 1995) 67 F.3d 266; White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; Leventhal v.

Vista Unified School District (SD Cal. 1997) 973 F.Supp. 951]. Members of the public have the right to address the General Plan Advisory Committee and to attend its meetings. During the citizens forum portion of a regular meeting agenda, members of the public have a right to address the General Plan Advisory Committee on any item of interest to the public that is within the General Plan Advisory Committee’s subject matter jurisdiction. Members of the public also have the right to address the General Plan Advisory Committee before the General Plan Advisory Committee considers or takes action on an item on any regular meeting agenda, except for items properly listed or considered in the Call to Order, General Plan Advisory Committee Reports and Matters Initiated, and the Adjournment portions of the agenda. Members of the public shall be provided an opportunity to address the General Plan Advisory Committee concerning any item that is described in the notice for special meeting workshops and special meetings. [54954.3].

The procedures for addressing public comments to the General Plan Advisory Committee are as follows:

23.1 Addressing the General Plan Advisory Committee
Members of the public that want to address the General Plan Advisory Committee during citizens forum or before the General Plan Advisory Committee considers or takes action on an item must indicate their desire by personally submitting a request to speak to the staff liaison, or his or her designee, using the methods specified by the staff liaison 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 General Plan Advisory Committee will be described at each meeting. The staff liaison will prominently display the methods to address the General Plan Advisory Committee in the William H. Mendenhall Community Room.

Before an item is considered by the General Plan Advisory Committee, the staff liaison shall identify or provide a list of the speakers to the presiding officer in the order that they are received for each agenda item. Generally, once the General Plan Advisory Committee begins its consideration of an item, no additional requests to speak 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 General Plan Advisory Committee’s meetings and to complete its business in an orderly fashion. The intent is not to limit testimony. Therefore, a member of the public will not be denied an opportunity to speak if a request to speak lacks information or because a speaker wants 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 General Plan Advisory Committee members successful appeal. [White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421].

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23.2 Speaker Time Limit
Each advisory body, with input from the City Clerk and consistent with the uniform format provided by the City Clerk, may establish their own rules to specify the method to request, and the speaker time limits, for citizens addressing the advisory body, but the advisory body must then administer them uniformly.

23.3 Members of the Public Addressing the General Plan Advisory Committee

23.3.1 A list of people who have requested to speak shall be used to call each speaker to address the General Plan Advisory Committee. When calling a speaker to the lectern the next two speakers will also be identified so, they are prepared to address the General Plan Advisory Committee when called.

23.3.2 The Chairperson may request each speaker to state his or her name and city of residence before addressing the General Plan Advisory Committee. A speaker is not required to provide his or her name or address to address the General Plan Advisory Committee. However, to the extent such information is relevant to the issues being considered by the General Plan Advisory Committee, the absence of such information may bear on the speaker’s credibility and the weight the General Plan Advisory Committee affords the speaker’s comments.

23.3.3 Speakers shall address their comments only to the General Plan Advisory Committee as a body and not to a particular member.

23.3.4 Members of the public may only address the General Plan Advisory Committee from the lectern. No member of the public, other than the speaker at the lectern, may address the General Plan Advisory Committee, unless called upon by the Chairperson.

23.3.5 No question shall be asked of Committee Members by a speaker, except through the Chairperson. No question shall be asked of a speaker by a Committee Member, except through the Chairperson. Committee Members, the Chairperson, and the speaker are not obligated to answer any questions asked. The Chairperson may refer questions to staff for a brief answer while the speaker is at the lectern.

23.3.6 Speakers shall not use their time to unduly disrupt the orderly conduct of the General Plan Advisory Committee’s meeting.

23.3.7 Speakers are encouraged to avoid repetition.

23.3.8 Speakers are encouraged to avoid making personal attacks.

23.3.9 Each speaker shall relinquish the lectern when his or her time to address the General Plan Advisory Committee has expired.

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23.3.10 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 General Plan Advisory Committee in a non-disruptive manner, provided those activities are completed within the allotted time. The city will not provide the means for a speaker to play an electronic recording.

23.3.11 When called upon during citizen’s forum, speakers may address the General Plan Advisory Committee on any item of interest to the public within the General Plan Advisory Committee’s subject matter jurisdiction. [54954.3(a)].

23.3.12 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 General Plan Advisory Committee. [54954.3(a); White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; 78 Ops.Cal.Atty.Gen 224 (1995)].

23.4 Participating Parties Addressing the General Plan Advisory Committee

Participating parties shall comply with the procedures set forth in Section 23 Citizens’ Rights when addressing the General Plan Advisory Committee, except that the participating parties shall each have up to a maximum of 10 minutes to address the General Plan Advisory Committee. The Chairperson may set and announce the time limit for each active participant to address the General Plan Advisory Committee based upon the same criteria set forth in Section 23.2 Speaker Time Limit.

23.5 Public Criticism

Public criticism of the City’s policies, procedures, programs, or services, or of the acts or omissions of the General Plan Advisory Committee, 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].

23.6 Disruptive Speech and Conduct

Any person unduly disrupting a General Plan Advisory Committee meeting may be requested by the Chairperson to leave the meeting. The Chairperson shall discourage demonstrations before the General Plan Advisory Committee, such as applauding or booing. Upon instructions by the Chairperson, a Sergeant-at-Arms may be called for the purpose of removing any person who, in the Chairperson’s judgment, has disrupted the meeting. [36813, 38638, 54954.3, 54957.9, Penal Code 403]. When possible, the Chairperson 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 General Plan Advisory Committee to complete its business.

23.7 Written Communications – Post Hearing Notice, and Post Agenda Publication

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

Any member of the public may submit written comments and materials to the General Plan Advisory Committee through the General Plan Advisory Committee Liaison. All written comments and materials must be submitted between the date public hearing notices are published (10 days prior to the meeting) and noon on the day before agenda publication (3 days prior to the meeting). The General Plan Advisory Committee Liaison shall deliver all written comments and materials received by 12:00 p.m. the day before agenda publication as part of the agenda packet for the posted agenda.

23.7.2 Submitted Post Agenda Publication.

Any member of the public may submit electronic comments to the General Plan Advisory Committee using the electronic submission process the staff liaison 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 staff liaison. All comments submitted using the staff liaison’s electronic process will be available to the public and the General Plan Advisory Committee immediately upon submission. The staff liaison 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 General Plan Advisory Committee in a supplemental packet prior to the meeting.

Physical copies of written comments and materials, and electronic and physical materials submitted to the General Plan Advisory Committee Liaison before 12:00 p.m. noon on the day of the General Plan Advisory Committee meeting, will be included in the supplemental packet. After 12:00 p.m. noon on the day of the General Plan Advisory Committee meeting, any member of the public that desires to submit materials to the General Plan Advisory Committee for consideration at that meeting is hereby instructed to present 9 copies of the materials to the staff liaison for distribution to the General Plan Advisory Committee at its meeting when the item is considered.

23.7.3 Special Meetings and Workshops.

For special meetings and workshops, the staff liaison shall specify the instructions and timeframes for the public to submit comments and materials in the agenda for those meetings.

23.8 Approaching the General Plan Advisory Committee
Once a meeting is called to order, no member of the public shall enter the area between the Committee and public seating without an invitation from the Chairperson.

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 Committee Members and City staff.

24. General Plan Advisory Committee Deliberation

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General Plan Advisory Committee deliberations shall be orderly and guided by the Chairperson to reach a decision on the item before them or to provide the direction sought by staff.

25. Motions

25.1 Making a Motion

A motion may be made by the Chairperson or a Committee Member. Once a motion has been made, the Chairperson will solicit a second. A motion shall die unless it receives a second. If a motion receives a second, the Chairperson shall then invite debate and discussion on the motion and any amendments.

Any Committee 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 Chairperson may ask the person who seconded the motion if the Committee Member wishes to make the motion, subject to another Committee Member’s second.

25.2 Categories of Motions

There are four categories of motions that the General Plan Advisory Committee 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 Committee Members, the process for voting on simultaneous motions is then followed.

The third category is a substitute motion. Such a motion completely does away with the basic motion under discussion and puts a new motion before the General Plan Advisory Committee. For example, if the basic motion is to approve staff’s recommendation, a substitute motion would propose numerous changes to staff’s recommendation or assembles multiple amending motions into a single motion. If a substitute motion is approved, the initial basic motion does not require action since it was substituted. If a substitute motion fails, the process for voting on simultaneous motions is then followed.

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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 Chairperson's sole discretion. A decision whether a motion is hostile is left to the Chairperson in consultation with the Committee’s Attorney.

25.3 Simultaneous Motions
The General Plan Advisory Committee may consider up to three motions on the floor at one time. The Chairperson may reject a fourth motion until the three before the General Plan Advisory Committee have been resolved. When two or three motions are before the General Plan Advisory Committee, after motions and seconds, the first vote will be on the last motion made. Generally, the discussion when a motion is before the General Plan Advisory Committee should focus on the last motion made. Once the vote on the last motion takes place, if necessary, discussion and decision on additional motions will take place in order.

However, a hostile motion shall not be in the floor at the same time as the motion it challenges. A hostile motion shall be considered after a vote on the basic motion and its amendments, that it challenges.

25.4 Debatable and Non-debatable Motions
Debatable motions are subject to Committee Member comment and discussion before calling for a vote. Non-debatable motions are not subject to Committee Member comment and discussion and are to be voted on immediately.

25.4.1 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 25.4.2. Debate on a motion should continue as long as Committee Members wish to discuss an item, subject to the Chairperson’s decision that it is time to move on and take action.

25.4.2 Non-Debatable Motions
Non-debatable motions are procedural and terminating motions. Certain motions once made immediately stop the Committee’s deliberations and, upon receipt of a second, should be voted on immediately. The Committee’s non-debatable motions are as follows:

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a. Motion to Adjourn. If passed, a motion to adjourn requires the General Plan Advisory Committee to immediately adjourn to its next regularly scheduled meeting.
b. Motion to Recess. If passed, a motion to recess requires the General Plan Advisory Committee to immediately take a recess, the length of which the Chairperson will determine. The Chairperson may order a recess without a motion, and without adjourning the meeting, as the Chairperson 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 General Plan Advisory Committee 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 General Plan Advisory Committee 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 Committee Member, or a participating party, as set forth in Section 17 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 General Plan Advisory Committee at a future meeting.
f. Motion to Call the Question. A motion to call the question, also known as moving the previous question or limiting debate, stops further General Plan Advisory Committee 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 Chairperson shall then call for a vote on the motion or motions pending before the Committee as provided for in Section 10(g) Motion to Be Stated.

Livermore City CouncilApril 10, 2023

Livermore City Council
April 10, 2023