Agenda packet — Livermore City Council, May 8, 2023

CITY COUNCIL
AGENDA

MONDAY, MAY
8, 2023
REGULAR HYBRID MEETING –
7:00 PM

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

CIVIC CENTER MEETING HALL

CITY COUNCIL CHAMBERS
1016 S. LIVERMORE AVENUE
TELECONFERENCE INFORMATION:

ZOOM WEBINAR:
https://us02web.zoom.us/j/84562245445
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 845 6224 5445
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
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
May
8, 2023

1 1.

CLOSED SESSION - NONE.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation designating May as Affordable Housing Month presented to Victoria Wong of MidPen Housing.

Recommendation:

Staff recommends the City Council designate May as Affordable Housing Month.

Staff Report

Attachments:

1. Proclamation

3.2 Proclamation declaring May 21-27, 2023, as Public Works Week in the City of Livermore presented to Scott Lanphier, City of Livermore Public Works Director.

Recommendation:

Staff recommends City Council declare May 21-27, 2023, as Public Works Week in the City of Livermore.

Staff Report

Attachments:

1. Proclamation

3.3 Confirmation of Advisory Body appointments to the Beautification Committee, Commission for the Arts, and the Library Board of Trustees, and direct the City Clerk to administer the oath of office.

Recommendation:

The City Council Subcommittee on Advisory Bodies recommends the City Council confirm the advisory body appointments to the Beautification Committee, Commission for the Arts, the Library Board of Trustees, and direct the City Clerk to administer the oath of office.

Staff Report

4. OPEN FORUM

ROLL CALL

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

PLEDGE OF ALLEGIANCE

Livermore City Council Agenda
May
8, 2023

2 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 - April 24, 2023 Regular Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

1. 2023-04-24 Draft Minutes

5.2 Waive the first reading and
Introduce an Ordinance
considering modifications to Livermore
Municipal Code Section 2.40.030 Eligibility, clarifying the ability of members to serve on one standing or ad hoc advisory body at any time.

Recommendation:

Staff recommends the City Council adopt an ordinance approving modifications to Livermore Municipal Code Section 2.40.030 Eligibility, clarifying the ability of members to serve on one standing or ad hoc advisory body at any time.

Staff Report

Attachments:

1. Redline Changes to Municipal Code

2. Ordinance

5.3 Resolution authorizing the execution of an agreement with Kemira Water Solutions, Inc., for the supply of ferric chloride for use at the Water Reclamation Plant in an amount not-to- exceed $
200,000.

Livermore City Council Agenda
May
8, 2023

3 Recommendation:

Staff recommends the City Council adopt a resolution authorizing the execution of an agreement with Kemira Water Solutions, Inc., for the supply of ferric chloride for use at the Water Reclamation Plant in an amount not-to-exceed
$
200,000
.

Staff Report

Attachments:

1. Bay Area Chemical Consortium Award Letter

2. Resolution

3. Exhibit A - Kemira Water Solutions, Inc. Agreement for Services

5.4 Resolution of Intention to form Community Facilities District 2023-1 (Isabel Neighborhood Specific Plan) and Future Annexation Area pursuant to the Mello-Roos Community Facilities Act of 1982.

Recommendation:

Staff recommends the City Council take the following actions:
1 .

Accept the petition from property owner requesting initiation of formation of City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan) (the "CFD") to finance certain ongoing maintenance services, and waiving the otherwise-applicable election time periods;
2 .

Adopt a resolution of intention to form the CFD and Future Annexation Area for the CFD and call for a public hearing on June 12, 2023, to consider formation of the CFD and the Future Annexation Area.

Staff Report

Attachments:

1. CFD 2023-1 (Isabel Neighborhood Maintenance and Services) - Boundary Map

2. Landowner Petition

3. Resolution of Intention

4. Exhibit A - Description of Services

5. Exhibit B - Rate and Method of Apportionment

5.5 Resolution to terminate the water shortage emergency declared on September 27, 2021; deactivate all water use restrictions for Stage 1 and Stage 2 of the Water Shortage Contingency Plan; and deactivate Stage 1 water conservation rates.

Recommendation:

Staff recommends the City Council adopt a resolution to terminate the water shortage emergency declared on September 27, 2021; to deactivate all water use restrictions for Stage 1 and Stage 2 of the water shortage contingency plan; and deactivate Stage 1 water conservation rates.

Staff Report

Attachments:

1. Resolution

Livermore City Council Agenda
May
8, 2023

4 5.6
Resolution authorizing the display of the rainbow pride flag for the month of June 2023.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the display of the rainbow pride flag on the flagpole at the Civic Center Campus for the month of June 2023.

Staff Report

Attachments:

1. Resolution

6. PUBLIC HEARINGS

6.1 Public hearing to approve the Livermore Sanitation, Inc. requested rate increase of 5.88% in the solid waste, recyclable materials, and compostable materials service rates to be effective July 1, 2023.

Recommendation:

Staff recommends the City Council adopt a resolution finding that the index-based rate adjustment is consistent with the methodology in the Franchise Agreement, therefore approving a 5.88% increase in the Solid Waste, Recyclable Materials, and Compostable Materials Service rates as set forth in the revised Exhibit H which is attached as Exhibit A to the resolution, effective July 1, 2023.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Rates for Rate Period Fourteen - Exhibit H

6.2 Hearing to
introduce an ordinance
amending Livermore Municipal Code (LMC) Chapter 9.40
- Fireworks, to include additional prohibitions and penalties related to the sale, possession, and use of fireworks.

Recommendation:

Staff recommends City Council introduce an ordinance amending LMC Chapter 9.40 - Fireworks, adding a social hosting provision and administrative fines and penalties.

Staff Report

Attachments:

1. Redline Changes to Municipal Code

2. Ordinance

7. MATTERS FOR CONSIDERATION - NONE.

Livermore City Council Agenda
May
8, 2023

5 8.

COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS

9. ADJOURNMENT

To a Special Meeting on Monday, May 15, 2023 at 5:00 pm and a Regular City Council meeting on Monday, May 22, 2023 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.

10. SUPPLEMENTAL MATERIALS

10.1 Supplemental materials received prior to the meeting.

Staff Report

Attachments:

1. Supplemental Materials

11. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING

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

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

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

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

Livermore City Council Agenda
May
8, 2023

6 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/84562245445

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: 845 6224 5445

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
Livermore City Council Agenda
May
8, 2023

7 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
May
8, 2023

8 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1

DATE:

May
8, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Proclamation designating May as Affordable Housing Month presented to Victoria Wong of MidPen Housing.

RECOMMENDED ACTION

Staff recommends the City Council designate May as Affordable Housing Month.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation

Prepared by: Fran Reisner
Acting Housing and Human Services
Manager

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
9 Jlrnrlamafinu
of the
City of Livermore
Proclaiming
Affordable Housing Month
May2023
WHEREAS, quality affordable homes are vital to healthy, safe, and racially-just communities.

Increasing housing costs and high inflation rates lead longtime residents to be displaced, live in overcrowded homes, or experience homelessness, threatening our region's diversity and economic opportunity; and
WHEREAS, the need for affordable housing is especially acute as the State of California's COVID-19 emergency declaration has been terminated. For over 27 years, during the month of May, local housing organizations, such as East Bay Housing Organizations (EBHO,) have highlighted the need for and benefits of affordable homes; and
WHEREAS, stable affordable homes are the solution to homelessness and will also support seniors, families, youth, veterans, people with disabilities or special needs, and our whole community; and WHEREAS,jurisdictions such as the City of Livermore are on their 6th Cycle Housing Element, the plan to meet the housing needs of local communities. The Housing Element includes a commitment to policies that farther fair housing for low-income communities and communities qf color; and WHEREAS, on May 12th, MidPen Housing and the City of Livermore will celebrate the opening of Avance Apartments, a 44-unit, services-enriched, affordable community with amenities and programming targeted for persons with developmental disabilities;
NOW, THEREFORE, the City Council qf the City of Livermore proclaims May as Affordable Housing Month in Livermore and thanks EBHO and MidPen Housing for their efforts to bring affordable homes to the community.
�� Marchand Vice Mayor Brittni Kiick
&-:d�
Council Member Ben Barrientos
ATTACHMENT 1
10 CITY COUNCIL STAFF REPORT
ITEM NO. 3.2

DATE:

May
8, 2023
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Proclamation declaring May 21-27, 2023, as Public Works Week in the City of Livermore presented to Scott Lanphier, City of Livermore Public Works Director.

RECOMMENDED ACTION

Staff recommends City Council declare May 21-27, 2023, as Public Works Week in the City of Livermore.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation

Prepared by: Kathy Hughes
Administrative Assistant

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
11 f rnrlamafinn
of the
City of Livermore
Declaring
National Public Works Week
May 15-May 21, 2022
WHEREAS, the Public Works Department is an integral part of our City and our residents' everyday lives; and
WHEREAS, the Public Works Department encompasses Water, Sewer, Streets, Lighting, Landscaping, Fleet, Facilities, Solid Waste and Recyclables Collection, Asset Management, and Airport Operations; and
WHEREAS, the health, safety and comfort of Livermore residents depends on the efforts and skills of the Public Works Employees; and
WHEREAS, The American Public Works Association has declared the week of May 15-21, 2022 as National Public Works Week, in recognition of the importance of the hard work and dedication of Public Works employees; and
WHEREAS, the theme for National Public Works Week 2022 is "Ready and Resilient" which highlights the ability of Public Works Employees to perform their duties and be ready at a moment's notice to react as a first responder during a crisis or natural disaster; NOW, THEREFORE, the City Council of the City of Livermore proclaims the week of May 15-21, 2022 as Public Works Week in the City of Livermore, and encourages residents to recognize the contributions that Public Works staff make every day to our health, safety, comfort and quality of life.
ayor John Marchand Vice Mayor Brittni Kiick
Council Member Ben Barrientos
Cound
z::;3�
Cou�cil Member Rober� g
ATTACHMENT 1
12 CITY COUNCIL STAFF REPORT
ITEM NO. 3.3

DATE:

May
8, 2023
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Confirmation of Advisory Body appointments to the Beautification Committee, Commission for the Arts, and the Library Board of Trustees, and direct the City Clerk to administer the oath of office.

RECOMMENDED ACTION

SUMMARY
On April 19, 2023, the City Council Subcommittee on Advisory Bodies interviewed applicants for vacancies on the Beautification Committee, Commission for the Arts, and the Library Board of Trustees, and have submitted their recommendation for City Council consideration and appointment.

DISCUSSION
On April 19, 2023, the City Council Subcommittee on Advisory Bodies interviewed applicants for vacancies on the Beautification Committee, Commission for the Arts, and the Library Board of Trustees and recommends confirmation of the following appointments:

Beautification Committee - 2 Vacancies
Reappointment to a regular term ending June 1, 2027
Karen L. Jefferson

Commission for the Arts - 3 Vacancies
Appointments to unexpired terms ending January 1, 2025
Laurence E. Milder
Rajagopal R. Kowligi
Natalia Custodio

13 Library Board of Trustees - 2 Vacancies
Appointments to regular terms ending June 1, 2026
Michelle Ornat
Nancy Olaverrieta

Upon the City Council’s confirmation of the appointments by motion, the City Clerk will administer the oath of office to new appointees.

FISCAL AND ADMINISTRATIVE IMPACTS

No material fiscal or administrative impacts result from confirmation of these appointments.

COMMUNITY PILLAR
1: A City That Works

GOAL
2: Engage effectively with the City's advisory bodies

ATTACHMENTS

Prepared by: Debbie Elam
Acting Assistant City Clerk

DATE:

May
8, 2023
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Approval of draft minutes - April 24, 2023 Regular Meeting.

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. 2023-04-24 Draft Minutes

Prepared by: Marie Weber
Deputy City Manager/City Clerk

MINUTES

CITY COUNCIL
APRIL 24, 2023
________________________________________________________________

REGULAR MEETING

1. CLOSED SESSION - NONE.

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

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

PLEDGE OF ALLEGIANCE

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Presentation of the 2023 Livermore Water Conservation Art Contest Awards.

Recommendation: Staff recommend City Council present awards to the finalists of this year's Livermore Water Conservation Art Contest.

Water Resources Communications Representative Natalie Croak presented the staff report and Mayor John Marchand presented the 2023 Livermore Water Conservation Art Contest Awards along with representatives from Cal Water and Zone 7

3.2 Proclamation recognizing May 2023 as Community Service Recognition Month in the City of Livermore. Presented to Judy Erlandson Acting Assistant Public Works Director.

Recommendation: Staff recommended the City Council recognize May 2023 as Community Service Recognition Month to highlight the significant differences that volunteers make to the City of Livermore.

Mayor Marchand presented a proclamation to Acting Assistant Public Works Director Judy Erlandson recognizing May as Community Service Recognition Month.
16 CM/75/2 Minutes APRIL 24, 2023

3.3 Proclamation declaring April 23 - 29, 2023 National Crime Victims' Rights Week, presented to Lindsay Reynolds, Senior Victim and Witness Advocate at Alameda County.

Recommendation: Staff recommended the City Council declare April 23 - 29, 2023 as National Crime Victims' Rights Week.

Mayor Marchand presented a proclamation to Lindsay Reynold Senior Victim and Witness Advocate at Alameda County declaring April 23-29, 2023 National Crime Victims’ Rights Week.

3.4 Proclamation declaring April 2023 as Arts, Culture and Creativity Month presented to Anne Giancola, Visual Arts and Education Manager at Livermore Valley Arts.

Recommendation: Staff recommended City Council declare April 2023 as Arts, Culture and Creativity Month.

Mayor Marchand presented a proclamation to Anne Giancola declaring April 2023 as Arts, Culture and Creativity Month.

4. OPEN FORUM
Mayor Marchand opened the public comment period.

David McGuigan provided a comment.

Will Bolton provided a comment.

Michael Galvan provided a comment.

Carol Garberson provided a comment.

Trish Munro 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.

Item 5.10 Marti Sutton provided a comment.

Christine Dillman provided a comment.

Liz Perez provided a comment.
17 APRIL 24, 2023 Minutes CM/75/3
There were no more speakers and the public comment period was closed.

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

5.1 Approval of draft minutes - April 10, 2023 Regular Meeting.

Recommendation: Staff recommended the City Council approve the draft minutes.

5.2 Resolution 2023-059 authorizing the City Manager to execute a right-of- way agreement between the City of Livermore and Mobilitie LLC, a Nevada limited liability company for the installation and maintenance of broadband data communication infrastructure within the City’s public right-of- way.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to sign on behalf of the City, a right-of-way agreement between the City of Livermore and Mobilitie LLC (Mobilitie) for the installation and maintenance of broadband data communication infrastructure within the City’s public right-of-way.

5.3 Resolution 2023-060 designating the City Manager as the City's agent for federal and state disaster assistance and Resolution No. 2023-061 naming the City Engineer and Assistant City Engineers as the City Manager’s designees and appropriating $802,000 in funding in FY 2022-23 for 2023 Storm Capital Improvement Programs.

Recommendation: Staff recommended the City Council adopt the following resolutions:

1. A resolution designating the City Manager as the City's agent for federal and state disaster grant assistance and designating the City Engineer and Assistant City Engineers as the City Manager’s designees.

2. A resolution appropriating $802,000 in funding in FY 2022-23 for 2023 Storm Capital Improvement Programs.

5.4 Resolution 2023-062 authorizing the City Manager to execute and renew a Revenue-Sharing Agreement for wireless telecommunication facility leases with Livermore Area Recreation and Park District (LARPD).

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to execute and renew a Revenue Sharing Agreement between the City of Livermore and Livermore Area Recreation and Park District (LARPD) for revenue generated by wireless telecommunication facility leases.

5.5 Resolution 2023-063 authorizing the continued participation in the 18 CM/75/4 Minutes APRIL 24, 2023
Alameda County Home Consortium for Home Investment Partnership Program funds; and the execution of an agreement with Alameda County for participation in the Alameda County Home Consortium for federal fiscal years 2024, 2025, and 2026
Recommendation: Staff recommended the City Council adopt a resolution:

1. Authorizing the continued participation by the City of Livermore in the Alameda County HOME Investment Partnership Program Consortium for HOME Investment Partnership funds (HOME).

2. Authorizing the City Manager, or her designee, to execute the HOME Consortium Agreement between the City of Livermore and the County of Alameda to receive HOME funding for federal fiscal years 2024, 2025, and 2026.

5.6 Resolution 2023-064 authorizing execution of an agreement with Pangea Environmental Services, Inc., in an amount not-to-exceed $1,165,000, to provide environmental support services to close out three environmental cleanup cases in the Downtown Core as part of Livermore Village Remediation, Project 2021-

18. Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to execute a professional services agreement with Pangea Environmental Services, Inc., in an amount not-to-exceed $1,165,000, to provide environmental support services to close out three environmental cleanup cases in the Downtown Core as part of Livermore Village Remediation, Project 2021-18.

5.7 Resolution 2023-065 authorizing the City Manager to execute a lease agreement with the Livermore Flying Electrons Radio Control Club, Inc. that allows them to continue operating the Raymond Road Model Aircraft Facility.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to execute a lease agreement with the Livermore Flying Electrons Radio Control Club, Inc. that allows them to continue operating the Raymond Road Model Aircraft Facility.

5.8 Resolution 2023-066 authorizing execution of license agreements with First Street Alehouse, Plucked Chicken & Beer, La Botica, and Los Caporales that will allow the use of the trash enclosure facility being constructed by the City in the surface parking lot between Veterans Way and First Street.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to execute license agreements with First Street Alehouse, Plucked Chicken & Beer, La Botica, and Los Caporales that will allow these restaurants to use the trash enclosure facility being constructed by the City in the surface parking lot between Veterans Way and First Street. 19 APRIL 24, 2023 Minutes CM/75/5

5.9 Resolution 2023-067 approving revisions to the existing policy for Leasing City of Livermore-Owned Properties for Wireless Telecommunication Facilities.

Recommendation: Planning Commission and staff recommended the City Council adopt a resolution approving revisions to the Policy for Leasing City of Livermore-Owned Properties for Wireless Telecommunication Facilities.

5.10 Resolution 2023-068 approving and appropriating the allocation of Community Development Block Grant, Home Investment Partnership Program, Social Opportunity Endowment, and In-Lieu Housing funds, in the total amount of $1,187,863 and approving a one-time allocation of General Funds in the total amount of $78,951 for Fiscal Year 2023-24.

Recommendation: Staff and the Human Services Commission recommended the City Council adopt a resolution:

1. Appropriating $1,187,863 as listed below and authorizing the City Manager to negotiate and execute all related documents, grant agreements, and modifications.
a. Community Development Block Grant Funds (Fund 613) in the amount of $804,865
b. HOME Investment Partnership Program Funds (Fund 671) in the amount of $148,123
c. Social Opportunity Endowment Funds (Fund 620) in the amount of $25,875
d. In-Lieu Housing Funds (Fund 611) in the amount of $209,000

2. Approving a one-time allocation of General Funds to fund five applications in the amount of $78,951. These applications were recommended by the Commission for funding but were unable to be awarded due to the insufficient availability of Social Opportunity Endowment funds.

5.11 Resolution 2023-069 authorizing a supplemental appropriation in the amount of $2,755,000 to Fiscal Year 2023-24 and awarding and authorizing execution of an agreement with Pavement Coatings Co., in an amount not-to- exceed $2,275,101, for construction of the 2021 Slurry Seal, Project No. 2021-

04. Recommendation: Staff recommended the City Council adopt a resolution for the 2021 Slurry Seal Project 2021- 04:

1. Authorizing a supplemental appropriation of Solid Waste & Recycling Impact Fees (Fund 344) in the amount of $45,000 from FY 2022-23 to FY 2023- 24 and $520,000 to FY 2023-24;

2. Authorizing a supplemental appropriation of Gas Taxes (Fund 650) in the amount of
$1,645,000 from FY 2022-23 to FY 2023-24;
20 CM/75/6 Minutes APRIL 24, 2023

3. Authorizing a supplemental appropriation of $300,000 in Gas Tax-SB1 (Fund 651) from FY 2022-23 to FY 2023-24;

4. Authorizing a supplemental appropriation of $245,000 in Facilities Rehabilitation Program (Fund 740) to Fiscal Year 2023-24;

5. Awarding a construction contract to Pavement Coatings Co., in an amount not-to- exceed $2,275,101, and authorizing the City Manager to sign the agreement;

6. Rejecting all other bids or proposals, and

7. 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.

5.12 Resolution 2023-070 ratifying the acceptance and appropriation of the Alameda County Homeless Housing, Assistance and Prevention (HHAP) Program funds in the amount of $423,010 to provide operating subsidies in new and existing affordable or supportive housing units.

Recommendation: Staff recommended the City Council adopt a Resolution ratifying the acceptance and appropriation of the Alameda County Homeless Housing, Assistance and Prevention (HHAP) Program grant funds and the City Manager to sign related agreements, as follows:

1. Ratify the City's acceptance and appropriation of the Alameda County HHAP funds in the total amount of $423,010.

2. Authorize the City Manager, or her designee, to sign all documents related to the execution of the HHAP funding agreements in substantially the same form as the agreement attached to the resolution as Exhibit A, and related documents with the County of Alameda for the City of Livermore HHAP funds.

3. Authorize the City Manager, or her designee, to sign all documents related to the execution of grant agreements with agencies receiving allocations of funds from the City of Livermore HHAP funds, including the selection of and contracting with service providers in amounts exceeding $100,000, consistent with the requirements of the agreement attached hereto as Exhibit A.

5.13 Resolution 2023-071 authorizing the City Manager to execute a Purchase Order with Stryker Medical for the purchase of eleven (11) replacement Lunde University Cardiopulmonary Assist System (LUCAS) chest compression devices for the Livermore-Pleasanton Fire Department Joint Powers Authority in an amount not-to-exceed $182,000.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager, on behalf of the Livermore Pleasanton Fire Department in her capacity as Joint Executive Director for Livermore-Pleasanton Fire Department Joint Powers Authority, to execute a purchase order with Stryker Medical for the purchase of eleven (11) replacement Lunde University Cardiopulmonary Assist System (LUCAS) chest compression devices for the Livermore- Pleasanton Fire Department Joint Powers Authority for Fiscal Year 21 APRIL 24, 2023 Minutes CM/75/7
2022-23 in an amount not- to-exceed $182,000.

5.14 Resolution 2023-072 of continued local emergency.

Recommendation: Staff recommended the City Council adopt a resolution of continued local emergency in response to impacts from a series of severe storm events.

5.15 Resolution 2023-073 delegating authority to the City Manager to appoint the City's representative to the Tri-Valley Community Television Board of Directors.

Recommendation: Staff recommended the City Council adopt a resolution delegating authority to the City Manager to appoint the City's representative to the Tri-Valley Community Television Board of Directors.

6. PUBLIC HEARINGS

6.1 Hearing to consider a resolution approving the first substantial amendment to the City of Livermore’s U.S. Department of Housing and Urban Development Fiscal Year 2022-23 Action Plan, authorizing the City Manager to negotiate and execute any related documents, and approving a supplemental appropriation in the amount of $64,610 of Human Service Facility Fee funds to support Axis Community Health
Recommendation: Staff recommended the City Council adopt a resolution approving the first substantial amendment to the City of Livermore’s U.S.

Department of Housing and Urban Development (HUD) approved Fiscal Year (FY) 2022-23 Action Plan and authorize the City Manager, or her designee, to negotiate and execute any related documents, agreements and modifications with HUD and the sub grantees, Tri-Valley Haven and Axis Community Health.

Staff is also requesting a supplemental appropriation in the amount of $64,610 of Human Service Facility Fee funds (Fund 333) in FY 2022-23.

Management Analyst Amy Walker 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 CITY COUNCIL ADOPTED THE FOLLOWING
RESOLUTION:

Resolution 2023-074 approving the First Substantial Amendment to the City of Livermore’s U.S. Department of Housing and Urban Development Fiscal Year 22 CM/75/8 Minutes APRIL 24, 2023
(FY) 2022-23 Action Plan; authorizing the City Manager to negotiate and execute all related documents; and approving a supplemental appropriation of $64,610 from the Human Service Facility Fee Fund (Fund 333)

6.2 Hearing to consider the City of Livermore’s Community Development Block Grant and HOME Investment Partnership Program's Annual Action Plan for FY 2023-24 and authorize submittal to the U.S. Department of Housing and Urban Development.

Recommendation: The Human Services Commission and staff recommended the City Council adopt a resolution approving the FY 2023-24 Annual Action Plan for the HOME Investment Partnership (HOME) and Community Development Block Grant (CDBG) Programs, authorizing its submittal to Alameda County for inclusion with the Alameda County HOME Consortium report, and submission to the U.S. Department of Housing and Urban Development (HUD); authorizing the City Manager, or her designee, to negotiate and execute any related documents, agreements, and modifications related to the to the Action Plan with HUD and authorizing the City Manager, or her designee, to enter into a Memorandum of Understanding (MOU) with City of the Pleasanton to perform a joint Environmental Review for Tri-Valley Haven’s Emergency Shelter Rebuild Project.

Management Analyst Amy Walker presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

ON THE MOTION OF CM CARLING, SECONDED BY CM BRANNING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL DIRECTED STAFF TO

PROVIDE A MEMORANDUM REGARDING HOW TO MORE EFFECTIVELY

SPEND FUNDS AS THEY COME IN AND ADOPTED THE FOLLOWING
RESOLUTION:

Resolution 2023-075 approving the FY 2023-24 Annual Action Plan and authorizing submittal to the U.S. Department of Housing and Urban Development.

7. MATTERS FOR CONSIDERATION - NONE

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 SUMMARY IN THE SUPPLEMENTAL PACKET ARE INCLUDED BELOW.
23 APRIL 24, 2023 Minutes CM/75/9
Human Services Grant Process Evaluation the City Council directed staff to review the grant process in other Tri-Valley Cities, conduct a survey regarding how grants are graded, and bring back a recommendation regarding process improvement.

Native Plant Policy the City Council directed staff to provide information regarding whether the City has a Native Plant Policy in place.

East Avenue Grand Opening Vice Mayor Kiick noted her attendance at the event on April 14, 2023.

Livermore Pleasanton Fire JPA Vice Mayor Kiick noted her attendance at the board meeting on April 18, 2023.

Compost Day Vice Mayor Kiick noted her participation in the event on April 22, 2023.

Tri-Valley Regional Rail Authority Vice Mayor Kiick noted her attendance at the Valley Link meeting on April 12, 2023. She also noted that due to scheduling conflicts she will be removed from the board in the future.

9. ADJOURNMENT – at 8:34 pm to a Regular City Council meeting on Monday, May 8, 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
24 CITY COUNCIL STAFF REPORT
ITEM NO. 5.2

DATE:

May
8, 2023
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Waive the first reading and
Introduce an Ordinance
considering modifications to
Livermore Municipal Code Section 2.40.030 Eligibility, clarifying the ability of members to serve on one standing or ad hoc advisory body at any time.

RECOMMENDED ACTION

SUMMARY
Currently, Title 2, Chapter 2.40.030 addresses the ability of advisory body members to serve on only one advisory body at any time. The Municipal Code section does not specifically address ad hoc committees.

Staff recommends adding clarifying language to extend this restriction to include both standing and ad hoc advisory bodies of the City Council. In addition, staff recommends clarifying that a member's resignation from an existing advisory body occurs immediately upon taking the oath of office for a new advisory body position.

DISCUSSION
During a recent recruitment staff identified the need for additional clarifying language regarding Title 2, Chapter 2.40.030 of the Livermore Municipal Code related to Eligibility
of advisory body members.

Currently, Title 2, Chapter 2.40.030 addresses the ability of advisory body members to serve on only one advisory body at any time. The Municipal Code section does not specifically address ad hoc committees.

Staff recommends adding clarifying language to extend this restriction to include both standing and ad hoc advisory bodies of the City Council. This helps ensure a broad and diverse range of residents have the opportunity to participate in City Council Advisory boards, commissions, and committees.

In addition, staff also recommends clarifying that resignation from an existing advisory body occurs immediately upon City Council appointment to a new advisory body position. These changes will ensure 25 the efficient transition of participants from one advisory body to another.

FISCAL AND ADMINISTRATIVE IMPACTS

There is no fiscal or administrative impact associated with this item.

COMMUNITY PILLAR
5: A City That Works.

GOAL
2: Advisory Body Engagement.

ATTACHMENTS

1. Redline Changes to Municipal Code

2. Ordinance

Prepared by: Marie Weber
Deputy City Manager/City Clerk

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
26 Chapter 2.40

ADVISORY BODIES
Sections:

2.40.010 Purpose.

2.40.020 City of Livermore advisory bodies.

2.40.030 Eligibility.

2.40.040 Term of office.

2.40.050 Appointments.

2.40.060 Vacancies and reappointments.

2.40.070 Attendance.

2.40.080 Meeting times and locations.

2.40.090 Officers.

2.40.100 Rules of procedure.

2.40.110 Support staff.

2.40.120 Compensation.

2.40.130 Statement of economic interest.

2.40.010 Purpose.

Boards, committees and commissions (hereinafter referred to as “advisory bodies”) play an important role in city government by obtaining community input, developing recommendations and providing information to the City Council consistent with the goals and policies of the City Council. (Ord. 2065 § 1(A), 2018; Ord. 1918 § 1, 2010; Ord. 1786 § 2, 2006)

2.40.020 City of Livermore advisory bodies.

The City Council of the City of Livermore finds that the following advisory bodies are established and shall have the following duties and responsibilities:

A. Airport Commission;
B. Beautification Committee;
C. Commission for the Arts;
ATTACHMENT 1
27 D. Repealed by Ord. 1860;
E. Repealed by Ord. 1976;
F. Repealed by Ord. 1918;
G. Historic Preservation Commission;
H. Human Services Commission;
I. Library Board of Trustees;
J. Livermore Housing Authority;
K. Livermore Area Youth Advisory Commission;
L. Planning Commission;
M. Repealed by Ord. 1806. (Ord. 2065 §§ 1(A), (D), 2018; Ord. 1918 § 1, 2010; Ord. 1916 § 1(2), 2010; Ord. 1860 § 1, 2009; Ord. 1806 § 1, 2007; Ord. 1786 § 2, 2006)

2.40.030 Eligibility.

All advisory body members must be residents of the City of Livermore unless otherwise noted. An advisory body member shall only serve on a single advisory body or ad hoc advisory body at any given time. If an existing advisory body member is appointed to a new advisory body, they immediately resign from the existing position upon a new appointment by the City Council. The City Council or state or federal law may establish additional requirements. (Ord. 2065 § 1(A), 2018; Ord. 1971 § 1(C), 2012; Ord. 1786 § 2, 2006)

ATTACHMENT 1
28 IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE AMENDING SECTION 2.40.030 ELIGIBILITY IN CHAPTER 2.40 ADVISORY BODIES IN TITLE 2 ADMINISTRATION AND PERSONNEL IN THE

LIVERMORE MUNICIPAL CODE TO CLARIFY THE ABILITY OF ADVISORY

BODY MEMBERS TO SERVE ON ONE STANDING OR AD HOC

ADVISORY BODY AT ANY ONE TIME

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

Section 1. Amendment. Section 2.40.030 Eligibility of the Livermore Municipal Code is amended and restated as set forth below. The deletions are shown using a strikethrough, and the added language is shown with an underline, but the stricken language and underlines themselves shall not be codified in the Municipal Code, which publication shall only reflect the final language.

2.40.030 Eligibility
All advisory body members must be residents of the City of Livermore unless otherwise noted. An advisory body member shall only serve on a single advisory body or ad hoc advisory body at any given time. If an existing advisory body member is appointed to a new advisory body, they immediately resign from the existing position upon a new appointment by the City Council. The City Council or state or federal law may establish additional requirements.

Section 2. Environmental. The passage of this ordinance is not a project according to the definition in the California Environmental Quality Act and, therefore, is not subject to the provisions requiring environmental review.

Section 3. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.

Section 4. Publication. This ordinance shall be published once in a newspaper of general circulation of the City of Livermore within fifteen days after its adoption.

Section 5. Effective date. This Ordinance shall take effect 30 days after its adoption.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on May 8, 2023, by the following vote:
29 AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

The ordinance was adopted at the regular meeting of the City Council held on May 22, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________________
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Jason Alcala
Marie Weber, City Clerk Jason Alcala, City Attorney
30 CITY COUNCIL STAFF REPORT
ITEM NO. 5.3

DATE:

May
8, 2023
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Resolution authorizing the execution of an agreement with Kemira Water Solutions, Inc., for the supply of ferric chloride for use at the Water Reclamation Plant in an amount not- to-exceed $
200,000.

RECOMMENDED ACTION

SUMMARY
The Water Reclamation Plant (WRP) uses ferric chloride in the solids handling process to minimize the creation of corrosive hydrogen sulfide. Through a cooperative bidding process, Kemira Water Solutions Inc. was determined to be the lowest bidder at $1,
415,
per
dry ton
for FY 2023
-24
.

DISCUSSION
Staff at the Water Reclamation Plant (WRP) adds ferric chloride in the primary clarifiers to minimize the amount of hydrogen sulfide produced in the anaerobic digesters. This helps minimize corrosion in the solids handling building, as well as improve air quality for staff while operating the belt press.

Earlier this year, the City participated in the annual Bay Area Chemical Consortium's (BACC) competitive bidding process for the supply of ferric chloride. This bidding process met the requirements of Livermore Municipal Code 2.68.390 section C for cooperative purchasing arrangements. The BACC is made up of numerous water and wastewater agencies in the Bay Area region that use similar chemicals. By utilizing the aggregate volume of these agencies, the BACC seeks to achieve the lowest market price for its members.

In February 2023, the BACC issued Bid No. 06-2023 for competitive bidding for the supply of ferric chloride. Kemira Water Solutions, Inc., was selected as the lowest responsible bidder at $1,415 per dry ton.
31 FISCAL AND ADMINISTRATIVE IMPACTS

The $200,000 not-to-exceed amount for the supply of ferric chloride is included in the FY 2023-24 proposed operating budget in the Wastewater Enterprise Fund (Fund 230). Staff does not anticipate any administrative impacts due to the approval of this agreement.

COMMUNITY PILLAR
1: A Safe Community That Thrives

GOAL
11: Operate and maintain municipal water systems that provide safe, efficient delivery of potable and recycled water, collect and treat wastewater, and comply with all federal, state, and local regulations.

ATTACHMENTS

1. Bay Area Chemical Consortium Award Letter

2. Resolution

3. Exhibit A - Kemira Water Solutions, Inc. Agreement for Services

Prepared by: Laura Mayate-DeAndreis
Management Analyst II

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
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53 ATTACHMENT 1
54 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF AN

AGREEMENT FOR SERVICES WITH KEMIRA WATER SOLUTIONS,
INC., FOR THE SUPPLY OF FERRIC CHLORIDE FOR USE AT THE

WATER RECLAMATION PLANT IN AN AMOUNT NOT-TO-EXCEED
$200,000
The City of Livermore (“City”) requires the use of ferric chloride at its Water Reclamation Plant in the treatment and solids handling processes. The City participates in the Bay Area Chemical Consortium (“Consortium”). This bidding process meets the requirements of Livermore Municipal Code section 2.68.390 section C for cooperative purchasing arrangements. This allows the City to receive the best price by leveraging large volumes of chemicals used in common amongst Bay Area wastewater and water service providers.

In February 2023, the Consortium completed a competitive bidding process and selected Kemira Water Solutions, Inc. as the best value to provide ferric chloride. Kemira Water Solutions, Inc. met all bid requirements and provides delivery directly to the Livermore Water Reclamation Plant.

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

1. Authorizes the execution of an agreement for services with Kemira Water Solutions, Inc., attached hereto as Exhibit A, to provide supply and delivery of ferric chloride to the Water Reclamation Plant, in an amount not to exceed $200,000.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 8, 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 – Kemira Water Solutions, Inc. Agreement for Services 55 Agreement for Services Page 1
Rev. 09.2021

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

RECITALS
City requires services to supply and deliver ferric chloride to the City of Livermore Water Reclamation Plant.

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

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

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

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

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

3. Description of Services. Contractor shall provide services to supply and deliver ferric chloride to the City of Livermore Water Reclamation Plant as more particularly set forth in Exhibit "A" (collectively “the Services”).

4. Contractor’s Responsibilities. Contractor shall:
(
a) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;
(b) Provide the resources necessary to complete the Services in a timely manner;
(c) Obtain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
(d) Obtain and keep in effect all necessary licenses, permits, qualifications, insurance, and approvals legally and professionally required for Contractor to practice its profession and to provide the Services;

EXHIBIT A
56 Agreement for Services Page 2
Rev. 09.2021

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

(f) Coordinate the Services with Jimmie Truesdell, Water Resources Operations Manager (“Project Manager”), or such other person designated as the Project Manager by City;

(g) Be available to the Project Manager, and other parties referred to Contractor by the Project Manager, to answer questions or inquiries related to the Services; (h) Only invoice City for the Services rendered. Contractor’s invoice shall be in writing and describe the Services performed for the payment requested. Contractor shall not submit an invoice to City more frequently than once a calendar month; (i) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Contractor and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment.

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

(j) Prepare and submit a written report to the Project Manager, within 3 business-days of the Project Manager’s written request, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services;
(k) Contractor shall correct, at its own expense, all errors in the Services.

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

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

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

EXHIBIT A
57 Agreement for Services Page 3
Rev. 09.2021

5. Compensation and Payment.
(a) The total compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum of $200,000.00 ("not-to-exceed amount"). City shall compensate Contractor for the Services rendered at the hourly rates or task amounts set forth in Exhibit “A” up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates or task amounts are intended to be Contractor’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, travel expenses, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Contractor, its agents, and employees to provide the Services.

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

6. Term. The term of this Agreement commences on July 1, 2023, and terminates upon the completion of the Services or June 30, 2024, whichever occurs first.

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

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

9. Copyright and Right of Use. All items created by Contractor for City under this Agreement are works made for hire, and Contractor shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Contractor agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disclosed by Contractor to City and Contractor obtains a license to such items 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. Contractor shall not disclose any confidential or proprietary information received from City to anyone except Contractor’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.

EXHIBIT A
58 Agreement for Services 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, 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 section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e).

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

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

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

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

15. Conflict of Interest. Contractor represents that no City employee or official has a financial interest in Contractor. Contractor shall not offer, encourage, or accept any financial interest in any part of Contractor's business by or from a City employee or official during the term of this Agreement or as a result of being awarded this Agreement. If any

EXHIBIT A
59 Agreement for Services Page 5
Rev. 09.2021
of the Services are paid by reimbursement from an agreement between City and a private party, Contractor represents that it has not performed any work for 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. Contractor shall comply with City’s local conflict of interest code and the Political Reform Act, and prepare and file an economic disclosure statement if the Services involve making, or participation in making, decisions which may have a material effect on the Contractors’ financial interest. While it is Contractor’s sole responsibility to evaluate its conflicts of interest, the Contractor nevertheless agrees to prepare and file an economic disclosure statement if requested by City.

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

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

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

20. Construction of Language. The terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this 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.

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 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: Water Resources Division Manager
City of Livermore
1052 S Livermore Avenue

EXHIBIT A
60 Agreement for Services Page 6
Rev. 09.2021
Livermore, California 94551

TO CONTRACTOR: Attention: NOTICES
Kemira Water Solutions, Inc.
4321 W 6th Street
Lawrence, KS 66049

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

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

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

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

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

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

Dated:
___________________________
Dated:
____________________________
CONTRACTOR:
____________________________
By:

Title:

CITY OF LIVERMORE:
____________________________
Marianna Marysheva
City Manager
APPROVED AS TO FORM:
___________________________
Assistant/City Attorney
APPROVED AS TO INSURANCE:
_______________________
Risk Manager/Analyst
Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements

EXHIBIT A
62 EXHIBIT A

SCOPE OF WORK
SCOPE
CONTRACTOR shall provide all necessary labor, equipment, vehicles, supplies, and materials to provide all the following service:

1. Supply and deliver Ferric Chloride to the Livermore Water Reclamation Plant (WRP) located at 101 West Jack London Boulevard in Livermore, California.

TERMS AND CONDITIONS

1. CONTRACTOR shall deliver chemical to the WRP within 14 days of order.

2. CONTRACTOR shall provide email confirmation to CITY whenever an order has been received.

3. CONTRACTOR shall provide email confirmation to CITY whenever an order has been received.

4. CONTRACTOR or representative shall connect the delivery truck to the WRP tank and safely discharge chemical into the WRP tank.

5. CONTRACTOR or representative shall clean any spillage of chemical generated during the filling process.

6. CONTRACTOR or representative shall provide a weight tag showing the amount of chemical delivered to CITY for each delivery.

COMPENSATION

1. CITY shall compensate CONTRACTOR at the rate of $1,415.00 per dry ton.

EXHIBIT A
63 Revised 2/20/19 B8 revised – 5M & POL

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:
$5,000,000 per occurrence/$10,000,000 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:
$2,000,000 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 $2,000,000 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”.

4. Pollution Liability:
$2,000,000 per occurrence.

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.

EXHIBIT A
64 Revised 2/20/19 B8 revised – 5M & POL

Page 2 ends

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

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

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

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

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

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550 Verification of Coverage
Consultant/Contractor shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.

EXHIBIT A
65 CITY COUNCIL STAFF REPORT
ITEM NO. 5.4

DATE:

May
8, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution of Intention to form Community Facilities District 2023-1 (Isabel Neighborhood Specific Plan) and Future Annexation Area pursuant to the Mello-Roos Community Facilities Act of 1982.

RECOMMENDED ACTION

Staff recommends the City Council take the following actions:
1 .

Adopt a resolution of intention to form the CFD and Future Annexation Area for the CFD and call for a public hearing on June 12, 2023, to consider formation of the CFD and the Future Annexation Area.

SUMMARY
To meet the conditions of approval for Tentative Tract 8609, located at the northwest corner of North Canyons Parkway and Triad Place, the property owner has submitted a signed petition and consents to the formation of Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan) and acknowledges the City's intent to establish the Future Annexation Area to streamline the process for properties annexing into the Community Facilities District (CFD) in the future.

Under the Mello-Roos Act of 1982, a Resolution of Intention must be adopted establishing the hearing date for district formation. The Resolution of Intention describes the operation and maintenance services proposed to be included in the CFD and describes the rate and method of apportionment of the special tax rate to be levied in the CFD (the "Rate and Method"). The resolution also establishes the public hearing date, which must be held between 30 and 60 days after the date of the resolution. The public hearing allows for public protest of the formation of the district and allows the Council to count ballots from the landowner election. If the election is successful and the Council chooses, they may adopt a Resolution of Formation to form the district. An ordinance must then be adopted levying the special tax in 66 perpetuity in the CFD. The ordinance authorizes the City Manager to levy the special taxes each year based upon the Rate and Method.

With the formation of the CFD, Tentative Tract 8609 becomes Zone 1 within the district and will provide their pro-rata share of maintenance funds for the Isabel Neighborhood Specific Plan public infrastructure and amenities. The maximum annual operation and maintenance costs for the Zone 1 share of the Isabel Neighborhood Specific Plan public amenities in the CFD is estimated at $48,691 in 2023 dollars to be spread over 112 residential units in Tract 8609. This estimate establishes the Max Cap of the annual assessment for Zone 1 and will be adjusted annually on July 1, based upon the prior calendar year's change in the Consumer Price Index - All Urban Consumers (San Francisco-Oakland-San Jose, CA) plus one percent (CPI +1%).

DISCUSSION
Development projects with new public amenities such as parks, trails, landscaping, and other public infrastructure are required, through conditions of approval, to provide for the long-term maintenance of the new infrastructure.

The Triad East residential development (Tentative Tract 8609), located within the Isabel Neighborhood Specific Plan area at the northwest corner of North Canyon Parkway and Triad Place, was conditioned to form a maintenance district to finance a portion of the maintenance and operation of various public amenities and infrastructure to be constructed within the Isabel Neighborhood Specific Plan area. The owners of the project have elected to form Community Facilities District 2023-1 (Isabel Neighborhood Specific Plan Services) pursuant to the Mello-Roos Act. Formation of CFD 2023-1 will establish a Future Annexation Area that coincides with the Isabel Neighborhood Specific Plan Area in order to allow for the ease of annexation of new zones within the specific plan boundary in the future. The boundary of Tentative Tract 8609 is named Zone 1. Future annexations will be numbered sequentially as distinct zones. Each new zone will be assessed separately, based on the pro rata share of the Isabel Neighborhood Specific Plan public amenities.

Under the Mello-Roos Act, the parcels in the Future Annexation Area are not subject to the special tax levied in the CFD until they annex into the CFD. Future zones may annex into the CFD if the owners execute a unanimous approval in which they agree to annex their parcel(s) into the CFD. Future development within the Isabel Neighborhood Specific Plan Area will be conditioned to annex into this CFD.

The areas to be maintained using Isabel Neighborhood Specific Plan CFD funding include:

Neighborhood Streets - Main Street, Bicycle Streets, and Pedestrian Streets within the Isabel Neighborhood Specific Plan.

Neighborhood Parks
Neighborhood Trails
Neighborhood Plazas
Pedestrian Bridge/Tunnel Crossing of Isabel Avenue
Valley Link Plaza and Pedestrian Bridges
Valley Link Parking Lot

Cost for administration of these areas, as well as Alameda County's collection of the special taxes, will also be funded by the CFD and are further defined in the description of services attached to the 67 Resolution of Intention.

PROCEDURE - INTENT TO FORM
The City's consultant, NBS, has prepared the proposed boundary map and the Rate and Method for the CFD. The law firm of Jones Hall has prepared the legal documents associated with the CFD formation.

Staff has reviewed the proposed Boundary Map, Rate and Method and legal documents, pursuant to which the City will levy special taxes in the CFD to pay the services described above.

Staff recommends the City Council use the following process to form the CFD:

May 8, 2023 - The City Council receives the executed petition for the landowner/developer in the proposed CFD; petition asks the City Council to establish the CFD and waives the time requirements and certain procedures otherwise applicable to the special tax election.

May 8, 2023 - The City Council adopts the Resolution of Intention to establish the CFD and the Future Annexation Area. The Resolution of Intention will set the date, time, and place of the public hearing, direct the City Clerk to record the boundary map for the CFD and the Future Annexation Area and direct the City Engineer to prepare a report (Community Facilities District Report) that describes the services that will be required to adequately meet the needs of the CFD and estimates the fair and reasonable cost of the services and incidental expenses related to the services, and all other related costs.

Following adoption of the Resolution of Intention, the Community Facilities District Report will be available for public review at City Hall and on the City’s website. A Public Hearing Notice will be published in a local newspaper a minimum of 7 days prior to the City Council public hearing on June 12, 2023.

June 12, 2023 - The City Council holds a public hearing and adopts a Resolution of Formation, which forms the CFD and establishes the Future Annexation Area.

The City Clerk conducts an election of the qualified landowner electors in the CFD (mailed ballots will be mailed to the landowner electors approximately 2 weeks before the election and will be received by the City Clerk prior to the public hearing). Each landowner elector will have one vote for each acre or portion of an acre of land that they own within the CFD. If two-thirds of the votes cast at the election are in favor of levying the special tax, then the election will be successful.

Following the election, the City Council will adopt a resolution declaring the results of the election and directing recordation of a notice of special tax lien, and it will undertake the first reading of an ordinance levying special taxes in the CFD.

June 26, 2023 – The City Council adopts an ordinance levying the special tax in perpetuity in the CFD.

August 10, 2024 – Deadline to file the special tax with Alameda County for FY 2024-25.

FISCAL AND ADMISNISTRATIVE IMPACTS

The City will administer the CFD on an annual basis and will budget for, and manage, the necessary maintenance, operation, and administration. All related expenditures will be paid by the CFD. At buildout 68 of the Isabel Neighborhood Specific Plan area, the estimated annual cost for maintaining all the items in the Description of Services for the CFD is approximately $1,800,000 plus administrative expenses. As each new development within the specific plan is completed, they will be assessed their pro rata share of the overall maintenance expenses of the CFD.

The FY 2024-25 Special Tax Requirement Max Cap for Zone 1 is estimated at $48,691, an average of $435 per residential unit. This amount is the pro-rata share of the CFD maintenance costs attributed to Zone 1. The max cap for Zone 1 will escalate on July 1, 2024, and annually each July 1 thereafter, based upon the prior calendar year’s change in the Consumer Price Index – All Urban Consumers (San Francisco-Oakland- San Jose, CA) plus one percent (CPI + 1%).

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. CFD 2023-1 (Isabel Neighborhood Maintenance and Services) - Boundary Map

2. Landowner Petition

3. Resolution of Intention

4. Exhibit A - Description of Services

5. Exhibit B - Rate and Method of Apportionment

Prepared by: Debbie Salgado
Senior Civil Engineer

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
69 PROPOSED BOUNDARIES OFCITY OF LIVERMORECOMMUNITY FACILITIES DISTRICT NO. 2023-1(ISABEL NEIGHBORHOOD SPECIFIC PLAN SERVICES)AND FUTURE ANNEXATION AREA FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF LIVERMORE THIS ____ DAY OF _________, 20__. ________________________________________CITY CLERK I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF CITY OF LIVERMORECOMMUNITY FACILITIES DISTRICT NO. 2023-1 (ISABEL NEIGHBORHOOD SPECIFIC PLAN SERVICES) AND FUTUREANNEXATION AREA, CITY OF LIVERMORE, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, WAS APPROVED BY THECITY COUNCIL OF THE CITY OF LIVERMORE AT A REGULAR MEETING THEREOF, HELD ON THE ____ DAY OF_________, 20__, BY ITS RESOLUTION NO. __________________. ________________________________________CITY CLERK FILED THIS ____ DAY OF _________, 20__, AT THE HOUR OF __ O CLOCK _M, IN BOOK ________ OF MAPS OFASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE ________, IN THE OFFICE OF THE COUNTYRECORDER IN THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA. ________________________________________COUNTY RECORDERCOUNTY OF ALAMEDA FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS, REFERENCE IS MADE TO THE MAPSOF THE ASSESSOR, COUNTY OF ALAMEDA, STATE OF CALIFORNIA.

CITY OF LIVERMORECOUNTY OF ALAMEDASTATE OF CALIFORNIA

COLLIER CANYON RD

NORTH CANYONS PW

COLLIER CANYON RD

INDEPENDENCE DR

COPPER CREST CM

TRIAD PL

GATEWAY AV

INDEPENDENCE DR

NORTH CANYONS PW
PORTOLA AV905 -0010-006-00
Sheet 1 of 2
Source: Alameda County GISGeographic Coordinate Reference: GCS North American 1983Projection: NAD 1983 StatePlane California III FIPS 0403 Feet §¨¦580

COLLIER CANYON RD

ISABEL AV
§¨¦580

PORTOLA AV

HELIGAN LN

COLLIER CANYON RD

CONSTITUTION DR

E AIRWAY BL

KITTY HAWK RD

NORTH CANYONS PW

DOVECOTE LN

INDEPENDENCE DR

TRANQUILITY CI

SELBY LN

CAMPUS HILL DR

MERITAGE CM

GATEWAY AV

COPPER CREST CM

WINDWARD CM

SHEA CENTER DR

TEASEL CM

SELBY LN

TRIAD DR
VICINITY MAPVICINITY MAP
CFD/TAX ZONE NO. 1 BOUNDARY
PARCELS
0 200 400100 Feet
O
CFD/TAX ZONE NO. 1 BOUNDARY
ATTACHMENT 1
70 PROPOSED BOUNDARIES OFCITY OF LIVERMORECOMMUNITY FACILITIES DISTRICT NO. 2023-1(ISABEL NEIGHBORHOOD SPECIFIC PLAN SERVICES)AND FUTURE ANNEXATION AREA

CITY OF LIVERMORECOUNTY OF ALAMEDASTATE OF CALIFORNIA
§¨¦580
§¨¦580 §¨¦580

AIRWAY BL
§¨¦580

ISABEL AVE

PORTOLA AV

DOOLAN RD

E AIRWAY BL

AIRWAY BL

NORTH CANYONS PW

CONSTITUTION DR

LINDBERGH AV

ALAMEDA DR

RUTAN DR

INDEPENDENCE DR

CLUBHOUSE DR SUTTER ST

N MURRIETA BL

COLUSA WY DEL NORTE DR

NISSEN DR

TRANQUILITY CI

HANOVER STSTEALTH ST

CAMPUS HILL DR

DELAWARE WYYOLO WY

SONIC AV

WILTON RD

ARMSTRONG ST

GATEWAY AV

EARHART WY

TERMINAL CI

HUMBOLDT WY

RINCON AVPLACER CI

TRIAD PL

MENDOCINO RD

SHEA CENTER DR
N P ST

BRANSON WY

COLLIER CANYON RD
Sheet 2 of 2

FUTURE ANNEXATION AREA
ORIGINAL CFD NO. 2023-1 BOUNDARY

PARCELS
0 500 1,000250 Feet
O
ATTACHMENT 1
71 ATTACHMENT 2
72 ATTACHMENT 2
73 ATTACHMENT 2
74 ATTACHMENT 2
75 ATTACHMENT 2
76 ATTACHMENT 2
77 ATTACHMENT 2
78 IN THE CITY COUNCIL OF THE CITY OF LIVERMORE

STATE OF CALIFORNIA

A RESOLUTION OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES

DISTRICT AND FUTURE ANNEXATION AREA

CITY OF LIVERMORE
Community Facilities District No. 2023-1
(Isabel Neighborhood Specific Plan Services)
RESOLVED, by the City Council (the “Council”) of the City of Livermore (the “City”), County of Alameda (the “County”), and State of California that:

WHEREAS, under the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code (the “Act”), this Council is authorized to establish a community facilities district and to act as its legislative body;
WHEREAS, this Council, having received petitions from the owners of not less than 10% of the area of land proposed to be included in the proposed community facilities district, now desires to proceed with the establishment of such community facilities district to finance costs of certain services required to meet the demands of development of lands in the City; and WHEREAS, pursuant to Section 53339.2 of the Act, this Council further desires and hereby determines that it is in the public convenience and necessity to undertake proceedings to provide for future annexation of territory to the proposed community facilities district.

NOW, THEREFORE, IT IS ORDERED as follows:

1. Authority. This Council proposes to conduct proceedings to establish a community facilities district pursuant to the Act.

2. Name of CFD and Future Annexation Area . The name proposed for the community facilities district is "City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services)" (the “CFD”).

The name proposed for the territory proposed to be annexed into the CFD in the future is "City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) (Future Annexation Area)" (the "Future Annexation Area").

3. Boundaries Described . The proposed boundaries of the CFD and Future Annexation Area are as shown on the map and on file with the City Clerk, which is hereby preliminarily approved and to which reference is hereby made for further particulars. The City Clerk is hereby directed to record, or cause to be recorded, the map of the boundaries of the 79 CFD and Future Annexation Area in the office of the County Recorder within 15 days of the date of adoption of this Resolution.

Parcels within the Future Annexation Area shall be annexed to the CFD only with the unanimous approval (each, a “Unanimous Approval”) of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings. Pursuant to Section 53329.6 of the Act, a Unanimous Approval executed by the owner of a parcel constitutes the vote of the qualified elector in favor of the matters addressed in the unanimous approval for purposes of the California Constitution, including, but not limited to, Articles XIII A and XIII C.

4. Services. The type of services proposed to be financed by the CFD and the Future Annexation Area pursuant to the Act shall consist of those listed in Exhibit A, attached hereto, and hereby incorporated herein (the “Services”). The Council hereby determines that the Services are necessary to meet increased demands for such services placed upon local agencies as the result of development occurring within the area of the CFD and the Future Annexation Area. The Services are in addition to those provided in the territory of the CFD and the Future Annexation Area as of the date hereof and will not supplant services already available within the territory of the CFD and the Future Annexation Area as of the date hereof.

The City intends to provide the Services on an equal basis in the original territory of the CFD and, as parcels in the Future Annexation Area are annexed to the CFD, to those annexed parcels. In so finding, the Council does not intend to limit its ability to levy a special tax within the Future Annexation Area to provide new or additional services beyond those supplied within the original territory of the CFD.

5. Special Tax. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax (the “Special Tax”) sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the CFD, will be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as this Council or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the Special Tax (the “Rate and Method”) among the parcels of real property within the CFD in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, are described in Exhibit B, attached hereto, and hereby incorporated herein. This Council hereby finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the proposed CFD.

As required by Section 53339.3(d) of the Act, the Council hereby determines that the special tax proposed to pay for Services to be supplied within the Future Annexation Area shall be equal to any special tax levied to pay for the same Services in the original territory of the CFD, except that a higher or lower tax may be levied within the Future Annexation Area to the extent that the actual cost of providing the Services in the Future Annexation Area is higher or lower than the cost of providing those Services in the original territory of the CFD. In so finding, the Council does not intend to limit its ability to levy a special tax within the Future Annexation 80 Area to provide new or additional services beyond those supplied within the original territory of the CFD.

6. Exempt Property. Except as may otherwise be provided by law or by the Rate and Method, all lands owned by any public entity, including the United States, the State of California, the County or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the Special Tax to be made to cover the costs and expenses of the Services and the CFD. In addition, properties in the CFD shall be exempt from the Special Tax to the extent required by the Act. If any portion of the property within the CFD becomes for any reason exempt, wholly or in part, from the levy of the Special Tax, this Council will, on behalf of the CFD, increase the levy to the extent necessary upon the remaining property within the CFD that is not exempt in order to yield the annual expenses of the CFD, if any, subject to the provisions of the rate and method of apportionment of the Special Tax.

7. Election and Unanimous Approval. The levy of the Special Tax in the CFD shall be subject to the approval of the qualified electors of the CFD at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in the proposed CFD, with each owner having one vote for each acre, or portion of an acre such owner owns in the CFD, not exempt from the Special Tax.

This Council hereby determines that the special tax shall be levied on a parcel in the Future Annexation Area upon receipt of a Unanimous Approval from the owner or owners of such parcel at the time that such parcel is annexed into the CFD, without any requirement for further public hearings or additional proceedings.

8. CFD Report. The City Engineer (or deputy or designee thereof) is hereby directed to study the proposed Services and to make, or cause to be made, and file with the City Clerk, a report in writing (the “CFD Report”), which shall be a part of the record of the public hearing hereinafter specified and which shall present the following:
(a) A description of the Services that will be required to adequately meet the needs of the CFD.
(b) An estimate of the fair and reasonable cost of the Services and incidental expenses in connection therewith, and all other related costs.

9. Public Hearing. This Council hereby appoints and fixes June 12, 2023, at 7:00 p.m. or as soon as possible thereafter, in the City Council Chambers, 1016 S. Livermore Avenue, Livermore, California, as the time and place when and where this Council, as legislative body for the CFD, will conduct a public hearing on the establishment of the CFD and the Future Annexation Area and consider and finally determine whether the public interest, convenience and necessity require the formation of the CFD, the designation of the Future Annexation Area, and the levy of the Special Tax.
81 10. Notice of Hearing. The City Clerk is hereby directed to cause notice of the public hearing to be given by publication one time in a newspaper published in the area of the CFD and the Future Annexation Area. The publication shall be completed at least 7 days before the date of the public hearing specified above.

The notice of the public hearing shall be substantially in the form specified in Section 53322 of the Act, with the form summarizing the provisions hereof hereby specifically approved.

11. Appointment of Legal Counsel; Special Tax Consultant . The City Council hereby appoints (i) Jones Hall, A Professional Law Corporation, as legal counsel to the City in connection with formation of the CFD and (ii) NBS as special tax consultant to the City in connection with formation of the CFD and designation of the Future Annexation Area. The Director of Administrative Services is hereby authorized to execute a retainer agreement with NBS and the City Attorney is hereby authorized to execute a legal services agreement with Jones Hall, each in substantially the form and substance of the agreement on file with the City Clerk.

12. Effective Date. This resolution shall take effect upon its adoption.

On the motion of Council Member ____________, seconded by Council Member _______________, the foregoing resolution was passed and adopted on the _____ day of _____, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST:

Marie Weber
City Clerk
APPROVED AS TO FORM:
/s/ Jason R. Alcala
Jason R. Alcala
City Attorney
Date: __________________
Exhibit A – Description of Services
Exhibit B – Rate and Method of Apportionment
82 EXHIBIT A

EXHIBIT A

CITY OF LIVERMORE
Community Facilities CFD No. 2023-1
(Isabel Neighborhood Specific Plan Services)

DESCRIPTION OF SERVICES

Special Taxes collected in the City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) (the “CFD”) will fund, in whole or in part, the services listed below. Services may be performed inside the CFD and outside the CFD if the City has concluded that such services would benefit the CFD.

Public Street Services

Public Street Services include maintenance and operation of Main Street, Bicycle Streets, and Pedestrian Streets within the Isabel Neighborhood Specific Plan. Public Street Services include, but are not limited to, pavement restoration and rehabilitation, landscaping and irrigation, maintenance and operation of street lights and specialty lighting, sidewalks, curbs and gutters, street furniture, signage and monuments. The costs of Public Streets Services include any associated electricity, water and other utility costs.

Neighborhood Park Services

Neighborhood Park Services include maintenance and operation of public parks within the Isabel Neighborhood Specific Plan. Neighborhood Park Services include, but are not limited to, landscaping and irrigation, maintenance and operation of park lighting, playground equipment, play fields, parking lots ancillary buildings and structures, sidewalks, fencing, publicly owned masonry walls, public art and other improvements associated with public parks. Neighborhood Park Services also include cleaning and removal of graffiti, trash pickup and weed control. The costs of Neighborhood Park Services include any associated electricity, water and other utility costs.

Neighborhood Trail Services

Neighborhood Trail Services include maintenance and operation of trails within the Isabel Neighborhood Specific Plan. Neighborhood Trail Services include, but are not limited to, trail restoration and rehabilitation, cleaning and trash pickup.

Neighborhood Plaza Services

Neighborhood Plaza Services include maintenance and operation of public plazas within the Isabel Neighborhood Specific Plan. Neighborhood Plaza Services include, but are not limited to, maintenance and operation of plaza hardscapes, landscaping and irrigation, plaza lighting, plaza furnishings, signage and monuments, public art and other improvements associated with public plaza space. Neighborhood Plaza Services also include cleaning and removal of graffiti, trash pickup and weed control. The costs of Neighborhood Plaza Services include any associated electricity, water and other utility costs.

83 EXHIBIT A
Services Related to Pedestrian Bridge/Tunnel Crossing of Isabel Avenue

Services related to Pedestrian Bridge/Tunnel Crossing include maintenance and operation of bridge or tunnel pedestrian surfaces and/or supports, specialty lighting, signage and monuments. Services also include cleaning and removal of graffiti, trash pickup. The costs of these services include any associated electricity, water and other utility costs.

Services Related to Valley Link Plaza and Pedestrian Bridges

Services related to Valley Link Plaza include maintenance and operation of Valley Link plaza hardscapes, landscaping and irrigation, plaza lighting, plaza furnishings, signage and monuments, public art and other improvements associated with the Valley Link plaza space.

These services include operation and maintenance of pedestrian surfaces and/or supports.

Services also include cleaning and removal of graffiti, trash pickup and weed control. The costs of these services include any associated electricity, water and other utility costs.

Services Related to Valley Link Parking Lot

Services related to Valley Link Parking Lot include pavement restoration and rehabilitation, landscaping and irrigation, maintenance and operation of street lights and specialty lighting, sidewalks, curb and gutter, signage and monuments. The costs of these services include any associated electricity, water and other utility costs.

Maintenance and Operation of Other Property.

Maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City or by another local agency pursuant to an agreement entered into under Section 53316.2.

“Services has the meaning given that term in the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”).

“Maintenance” has the meaning given that term in the Act, and includes, but is not limited to, servicing, repair and removal. The services shall be in addition to those provided in the territory of the CFD before the CFD was created, and the additional services shall not supplant services already available within that territory when the CFD was created.

Special Taxes may be used to fund operating reserves and capital reserves.

Special Taxes may be used to fund “costs” and “incidental expenses” related to the eligible Services as those terms are defined in the Act.

Special Taxes may be levied to cure actual or estimated delinquencies in Special Taxes for the current or previous fiscal years.

Administrative Expenses

The CFD will also finance the expenses incurred by the CFD in administering the CFD, including, but not limited to, the levy and collection of the Special Taxes, the fees and expenses of its legal counsel, costs related to annexing property into the CFD, charges levied by the County of Alameda in connection with the levy and collection of Special Taxes, 84 EXHIBIT A
costs related to property owner inquiries regarding the Special Taxes, costs associated with appeals or requests for interpretation associated with the Special Taxes and the Rate and Method, costs associated with foreclosure and collection of delinquent Special Taxes and all other costs and expenses of the City and County in any way related to the establishment or administration of the CFD.

85 EXHIBIT B
City of Livermore
Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) Page 1

EXHIBIT B

CITY OF LIVERMORE
Community Facilities CFD No. 2023-1
(Isabel Neighborhood Specific Plan Services)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

A Special Tax , as hereinafter defined, shall be levied and collected in City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) (“CFD No. 2023-1”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below. All Taxable Property, as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meaning:
“Accessory Dwelling Unit” or “ADU” means all Assessor’s Parcels of Residential Property for which a building permit(s) has been issued for an “Accessory Dwelling Unit” as defined in Ca lifornia Government Code Section 65852.2(j)(1), as may be amended from time to time, which is accessory to a primary Unit. The ADU may be located on the same Assessor’s Parcel as the primary Unit that is the primary Unit or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU Unit only.
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event the Assessor’s Parcel Map or Assessor’s Data shows no Acreage, the Acreage for any Assessor’s Parcel shall be determined by the CFD Administrator based upon the applicable final map, parcel map, condominium plan, or other recorded County parcel map. If the preceding maps are not available, the Acreage of an Assessor’s Parcel may be determined utilizing GIS.
“Act” means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2023-1 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and of preparing the Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Of fice, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public 86 EXHIBIT B
City of Livermore
Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) Page 2 inquiries regarding the Special Tax; the costs of th e City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 2023-1. Administrative Expenses shall also include amounts estimated or advance d by the City or CFD No. 2023-1 for any other administrativ e purposes , including, but not limited to, attorney’s fees.
“Annual Services Costs” means the respective amounts determined by the CFD Administrator required to fund services authorized to be funded by CFD No. 2023-1 for the applicable yearly period.
“Annual Special Tax Requirement” means that amount with respect to CFD No. 2023-1 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2023-1, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year.
“Assessor’s Data” means Assessor’s Parcel Number, Units, Building Square Feet, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel. “Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map and/or Assessor’s Data with an assigned Assessor’s Parcel Number. “Assessor’s Parcel Map” means an official map of the Assessor of the County de signating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessor’s Parcel by the County Assessor for purposes of identification. “Building Square Feet” or “BSF” means all of the square footage within the perimeter of a structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Building Square Feet shall be made by reference to the Assessor’s Data.

If the Assessor’s Data does not show Building Square Feet, building permit(s) issued for such structure, or other records of the City shall be used, as determined by the CFD Administrator. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes. “CFD No. 2023-1” means the City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services).
“City” means the City of Livermore.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 2023-1. “County” means the County of Alameda.
“County Assessor” means the County Assessor of the County. 87 EXHIBIT B
City of Livermore
Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) Page 3 “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2023-1 for which a building permit for new construction was issued by the City prior to June 30 of the preceding Fiscal Year.
“Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2023-1 which are exempt from the Special Tax pursuant to Section E.
“Final Map Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2023-1 for which a Final Subdivision Map was approved by City Council prior to June 30 of the preceding Fiscal Year. "Final Subdivision Map" means a subdivision of property created by recordation of a final subdivision map, parcel map or lot line adjustment, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4120, that creates individual lots for which residential building permits may be issued without further subdivision of such property. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system.
“Maximum Special Tax” means the maximum Special Tax authorized to fund the Annual Special Tax Requirement in any Fiscal Year that may apply to Taxable Property as described in Section C. “Mixed-Use Property” means all Assessor’s Parcels of Developed Property that could be categorized as having more than one land use , allowing for multiple use types on each su ch Assessor’s Parcel. For an Assessor’s Parcel of Mixed-Use Property, the Special Tax shall be calculated and levied for each use type present on the Assessor’s Parcel. “Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) was issued for a non-residential use.
“Open Space Property” means property within the boundaries of CFD No. 2023-1 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space , (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restr iction required by the City limiting the use of such property to open space.
“Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home -owner’s association, condominium owner’s association, master or sub-association or non-residential owner’s association. “Property Owner’s Association Property” means any property within the boundaries of CFD No. 2023-1 which is (a) owned by a Property Owner’s Asso ciation or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. “Proportionately” means for Taxable Property that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal for all Assessors’ Parcels of Taxable Property levied within each property land use classification within CFD No. 2023-1.
88 EXHIBIT B
City of Livermore
Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) Page 4 “Public Property” means any property within the boundaries of CFD No. 2023-1 which (i) is owned by a public agency, ( ii) has been irrevocably offered for dedication to a public agency , or ( iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. “Special Tax” means the amount levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement.
“State” means the State of California.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2023- 1 at the time of its formation is within Tax Zone No. 1. Additional Tax Zones may be created when property is annexed to CFD No. 2023-1, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Par cels are annexed to CFD No. 2023-1 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. “Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD No. 2023-1 that are not exempt from the Special Tax pursuant to law or Section E below. “Undeveloped Property” means all of the Assessor’s Parcels within the boundaries of CFD No. 2023- 1 that is not classified as Developed Property, Open Space Property, Property Owner’s Association Property, or Public Property.
“Unit” means an individual residential dwelling unit. The number of Units assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s Data, (ii) site surveys and physical unit counts, and/or (iii) other research by the CFD Administrator. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2023-1 that (a) have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code indicated in the Assessor’s Data finalized as of January 1 of the previous Fiscal Year, and (b) are exempt from the Special Tax pursuant to Section 53340(c) of the Act.

B. DETERMINATION OF TAXABLE PARCELS
Each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2023-1. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Taxable Property; (iii) the 89 EXHIBIT B
City of Livermore
Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) Page 5 number of Units or Building Square Footage each Parcel contains; (iv) the property type, i.e., Residential Property, Non-Residential Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year.

C. MAXIMUM ANNUAL SPECIAL TAX RATES
The Maximum Special Taxes for each Assessor’s Parcel of Taxable Property shall be assigned below:

1. Maximum Special Taxes
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone No. 1 shall be assigned according to Table 1 below:

TABLE 1

MAXIMUM SPECIAL TAX RATES
TAX ZONE NO. 1
FISCAL YEAR 2022/23*

*On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax rates for Tax Zone No. 1 shall be increased by the February annual percentage change in the Consumer Price Index for all Urban Consumers (“CPI-U”) for the San Francisco -Oakland-Hayward, CA, plus one percent (1.0%) . If the percentage change in the CPI-U is negative, the Maximum Special Tax rates shall not be decreased. In the event the index described abov e ceases to be published, it shall be replaced by another reasonably comparable index, as determined by the City. Different Maximum Special Tax rates and tax escalation factors may be identified in Tax Zones added to CFD No. 2023-1 as a result of future annexations.

2. Mixed-Use Property
In some instances, an Assessor’s Parcel of Developed Property may be Mixed-Use Property. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for all residential Units and non-residential Building Square Feet on that Assessor’s Parcel.

3. Accessory Dwelling Units
The Maximum Special Tax for an Accessory Dwelling Unit shall be calculated as a percentage of the Maximum Special Tax for the primary Unit the ADU is accessory to, based on Building Square Footage. For example, if a primary Unit of Residential Property with 2,000 BSF has an ADU of 800 BSF, the Maximum Special Tax for the ADU in Tax Zone No. 1 shall be calculated by the following steps:

1. 800 BSF / 2,000 BSF = 0.40 or 40%

2. $434.74 Maximum Special Tax per Unit x 40% = $173.90 Maximum Special Tax for such ADU
Land Use Category
Maximum Special
Tax Rate Per
Residential Property $434.74 Unit
Non-Residential Property 0.00 BSF
Mixed-Use Property
Accessory Dwelling Unit
See below
See below
90 EXHIBIT B
City of Livermore
Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) Page 6

4. Assignment of Assessor’s Parcel(s) to Property Land Use Category When an Assessor’s Parcel changes from being classified as Undeveloped Property to another land use category and is considered Developed Property, that assignment shall not change due to future changes in land use.

5. Assignment of Maximum Special Tax to Newly Created Assessor’s Parcel(s) When an Assessor’s Parcel changes or subdivides, the Maximum Special Tax shall be assigned to each newly created Assessor’s Parcel so that there is no net loss in the Maximum Special Tax revenue to be generated as a result of changes in the planned development.

When an Assessor’s Parcel changes or subdivides, and there are changes to the overall planned development for each Tax Zone within CFD No. 2023-1, the process for assigning the Maximum Special Tax to each newly created Assessor’s Parcel is as follows:

Step 1: Sum the expected Maximum Special Tax assigned to each Assessor’s Parcel that is being changed or subdivided within that Tax Zone.

Step 2: Identify the newly created Assessor’s Parcel(s) of Taxable Property created by the change or subdivision and assign the Maximum Special Tax to each newly created Assessor’s Parcel of Taxable Property according to the then-current Maximum Special Tax R ates within that Tax Zone for each Land Use Category . Sum the Maximum Special Tax assigned to each newly created Assessor’s Parcel of Taxable Property within that Tax Zone.

Step 3: Divide the total expected Maximum Special Tax in Step 1 by the total Maximum Special Tax assigned in Step 2 to arrive at a fraction for that Tax Zone.

Step 4: Apportion the total Maximum Special Tax from Step 1 to each newly created Assessor’s Parcel of Taxable Property by multiplying each newly created Assessor’s Parcel fraction, determined in Step 3, by the then-current Maximum Special Tax Rates within that Tax Zone for each Land Use Category.

Step 5: The Maximum Special Tax assigned to each newly created Assessor’s Parcel of Taxable Property shall be the greater of the Maximum Special Tax assigned in Step 2 or the Maximum Special Tax calculated in Step 4 for the Tax Zone.

When an Assessor’s Parcel changes or subdi vides, and there are no changes to the planned development for each Tax Zone within CFD No. 2023-1, the Maximum Special Tax shall be assigned according to Table 1 for Tax Zone No. 1, or similar table for each successive Tax Zone.

The planned development for Tax Zone No. 1 is provided in the table below:

Land Use Category
Planned
Development
Residential Property 112 Units

Once created, if a newly created Assessor’s Parcel(s) of Taxable Property further changes or subdivides, the above steps shall be repeated to determine the Maximum Special Tax for the 91 EXHIBIT B
City of Livermore
Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) Page 7 additional newly created Assessor’s Parcel(s) of Taxable Property created from the change or subdivision.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAXES
All Taxable Property shall be subject to the Special Tax defined as follows. The Special Tax shall be levied each Fiscal Year by the CFD Administrator.

The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2023-1 by the method shown below.

First: Determine the Annual Special Tax Requirement.

Second: Levy the Special Tax on each Parcel of Developed Property, Proportionately, up to the applicable Maximum Special Tax.

Under no circumstances will the Special Tax es on any Assessor’s Parcel of Developed Property be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2023-1.

E. EXEMPTIONS
Notwithstanding any other provision of this Rate and M ethod of Apportionment of Special Tax, no Special Tax shall be levied on Open Space Property, Property Owner ’s Association Property, Undeveloped Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5 and 533401 of the Act.

No Special Tax shall be levied on any Assessor’s Parcel in any Fiscal Year in which such Assessor’s Parcel is classified as Welfare Exempt Property.

F. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made.

The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administra tor deems necessary, and advise the appellant of its determination.

If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, then an adjustment shall be made to credit the Special Tax in future years. 92 EXHIBIT B
City of Livermore
Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) Page 8 This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.

G. INTERPRETATIONS OF RATE AND METHOD OF APPORTIONMENT
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Tax. In addition, the interpretation and application of any section of this document shall be at the City’s discretion.

Interpretations may be made by the City Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Tax.

H. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2023- 1, and may collect delinquent Special Taxes through available methods.

Special Taxes shall continue to be levied and collected within CFD No. 2023-1, as needed to fund the Annual Special Tax Requirement, in perpetuity.

I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.

J. REPEAL OF SPECIAL TAX
If the levy of the Special Tax is repealed by initiative or any other action participated in by the owners of Assessor’s Parcels in CFD No. 2023-1, the City shall cease to levy the Special Tax and shall cease to be obligated to provide the authorized services for which the Special Tax was levied. The obligations to provide the authorized services previously funded by the repealed Special T ax shall become the joint obligations of the property owners of Assessor’s Parcels within CFD No. 2023-1. 93 CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

May
8, 2023
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Resolution to terminate the water shortage emergency declared on September 27, 2021; deactivate all water use restrictions for Stage 1 and Stage 2 of the Water Shortage Contingency Plan; and deactivate Stage 1 water conservation rates.

RECOMMENDED ACTION

SUMMARY
On September 27, 2021, the City Council adopted a resolution declaring a water shortage emergency, enacting Stage 2 of the water shortage contingency plan at a 15% mandatory level and implementing Stage 1 water conservation rates. The winter of 2022-23 brought significant precipitation which increased water storage across the state. Both the Governor and Zone 7 Board of Directors have ended their respective drought emergencies. The State Water Project has increased allocations to all contractors (of which Zone 7 is one) meaning a substantially higher amount of surface water will be provided to the Tri- Valley, reducing dependence on local and banked groundwater. This means that the City’s state of emergency is no longer required.

DISCUSSION
On May 10, 2021, due to critically dry conditions in California, Governor Gavin Newson declared a water shortage state of emergency and called on Californians to reduce water use by 10%. On July 8, 2021, the Governor extended the drought declaration to additional counties and called on all Californians to reduce their water use by 15% in anticipation of dry conditions in 2022.

On September 1, 2021, the City’s treated water wholesale provider, Zone 7, declared a Stage 2 water shortage noting that the State Water Project had dramatically reduced the amount of surface water that they would be provided.

94 On September 27, 2021, the City Council adopted a resolution declaring a water shortage emergency and enacted Stage 2 of the water shortage contingency plan and implemented Stage 1 water conservation rates.

The winter of 2022-23 brought significant rain and snowfall, increasing the state’s available water supply.

The State’s major reservoirs are fed by rain and snowpack runoff, and most of these reservoirs are at above-normal storage levels. In March 2023, the Sierra snowpack was at 183 percent of the season average. Lake Oroville, the principal reservoir of the State Water Project, from which the Tri-Valley receives much of its supply, was at 119 percent of the historical average. On March 24, 2023, Governor Gavin Newsom issued an executive order to end the water shortage emergency. However, the State will continue to
implement a ban on wasteful water use practices.

This prohibits using potable water for
washing sidewalks, driveways, buildings, and other hard surfaces; individual washing of motor vehicles without a shut-off nozzle; irrigating turf and ornamental landscape within 48 hours after measurable rainfall; irrigating ornamental turf on street medians or commercial properties, and street cleaning or construction unless no other source of water can be used. The City will continue to discourage wasteful water use practices within Livermore.

On April 18, 2023, the City of Pleasanton terminated their local drought emergency and their request for a 15% mandatory reduction in water usage. On April 19, 2023, both the Zone 7 Water Agency and Dublin San Ramon Services District terminated their water shortage emergencies and their request for 15% mandatory conservation by potable water users in the Tri-Valley. On April 20, 2023, the State Water Project announced an allocation of 100% of requests for water in year 2023.

Due to the change in storage conditions, increased State Water Project allocation, and the termination of Zone 7’s water shortage emergency, staff recommend that the City Council terminate the City’s water shortage emergency, deactivate water use restrictions, and deactivate water conservation rates. If approved, the attached resolution would activate standard water rates on June 1, 2023.

FISCAL AND ADMINISTRATIVE IMPACTS

Terminating the Stage 2 water shortage emergency will result in a decrease in the amount of staff time dedicated to drought outreach, publication, and enforcement. Staff also anticipates a decrease in the volume of phone calls to the Utility Billing section in Finance. Restoring standard rates will result in a small amount of staff time to change the rates in the billing system. Staff do not anticipate any additional costs or staff resources.

COMMUNITY PILLAR
1: A Safe Community That Thrives

GOAL
11: Operate and maintain municipal water systems that provide safe, efficient delivery of potable and recycled water, collect, and treat wastewater, and comply with all federal, state, and local regulations

ATTACHMENTS

1. Resolution

95 Prepared by: Jennifer
James
Administrative Technician

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION TO TERMINATE THE WATER SHORTAGE
EMERGENCY DECLARED ON SEPTEMBER 27, 2021; DEACTIVATE
ALL WATER USE RESTRICTIONS FOR STAGE 1 AND STAGE 2 OF
THE WATER SHORTAGE CONTINGENCY PLAN; AND DEACTIVATE
STAGE 1 WATER CONSERVATION RATES
On September 27, 2021, in response to a declaration of emergency by the Governor and the Zone 7 Board of Directors, the City Council declared a water shortage emergency and enacted Stage 2 of the Water Shortage Contingency Plan (WSCP) and Stage 1 conservation rates.

During the winter of 2022-23, significant rain and snowfall resulted in an increase in stored water throughout the state.

On March 24, 2023, California Governor, Gavin Newsom, issued an executive order to end the water shortage emergency that he originally declared on May 10, 2021.

On April 19, 2023, the Zone 7 Board of Directors also terminated their water shortage emergency.

Based on the above, there is no longer a shortage of water supply and no need to continue implementation of the Livermore WSCP.

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

1. Terminates the Water Shortage Emergency originally declared on September 27, 2021.

2. Deactivates the Water Shortage Contingency Plan.

3. Deactivates Stage 1 Water Conservation Rates effective on June 1, 2023.

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

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 8, 2023, by the following vote:
97 RESOLUTION NO. ________
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
98 CITY COUNCIL STAFF REPORT
ITEM NO. 5.6

DATE:

May
8, 2023
TO:

Honorable Mayor and City Council
FROM:

Christine Martin, Assistant City Manager
SUBJECT:

Resolution authorizing the display of the rainbow pride flag for the month of June 2023.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the display of the rainbow pride flag on the flagpole at the Civic Center Campus for the month of June 2023.

SUMMARY
Consistent with the Commemorative Flag Display policy, the City Council directed staff to agendize a resolution for Council consideration which would authorize the display of the rainbow pride flag at the Civic Center campus for the month of June 2023.

DISCUSSION
At the September 23, 2019 Council meeting, Council adopted a Commemorative Flag Display policy.

The policy allows the
Mayor (by placing an item on the Council agenda) or a Council Member (by making a request at a Council meeting during "Matters Initiated") to request display of a commemorative flag at
the Civic Center campus on the City of Livermore flagpole, beneath the City of the Livermore flag. Once a request has been made by the Mayor or a Council Member, the Council will consider the request at a duly noticed public meeting.

The City's policy is constructed to allow the display of commemorative flags as a form of government expression. Such flags may be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no more than thirty-one consecutive days.

Consistent with the policy, the City Council through a Matters Initiated at their April 10, 2023, meeting, directed staff to agendize a resolution for Council consideration which would authorize the display of the rainbow pride flag for the month of June 2023, in order to commemorate Pride Month.

FISCAL AND ADMINSTRATIVE IMPACTS

99 There are no fiscal or administrative impacts associated with flying the pride flag for the month June 2023.

COMMUNITY PILLAR
4: Inclusive and Inviting Spaces and Places

GOAL
6: Affirm equity and inclusion by reflecting the diverse local community in services, programming and staffing.

ATTACHMENTS

1. Resolution

Prepared by: Christine Martin
Assistant City Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE DISPLAY OF THE RAINBOW
PRIDE FLAG FOR THE MONTH OFJUNE 2023
On September 23, 2019, the City Council adopted a commemorative flag display policy. Consistent with the commemorative flag display policy, the City Council requested display of the rainbow pride flag for the month of June 2023.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby directs staff to display the rainbow pride flag for the month of June 2023, consistent with the commemorative flag display policy.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 8, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason R. Alcala
Marie Weber Jason R. Alcala
City Clerk City Attorney
101

CITY COUNCIL STAFF REPORT
ITEM NO. 6.1

DATE:

May
8, 2023
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Public hearing to approve the Livermore Sanitation, Inc. requested rate increase of

5.88% in the solid waste, recyclable materials, and compostable materials service rates to be effective July 1, 2023.

RECOMMENDED ACTION

SUMMARY
On December 30, 2022, Livermore Sanitation, Inc. (LSI) submitted the required rate adjustment application indicating a baseline cost increase of 5.88% is necessary.

Staff recommends that the City Council approve the requested rates as described in Exhibit H (Exhibit A to the Resolution) to be effective July 1, 2023.

DISCUSSION
On April 27, 2020, the City Council adopted a resolution authorizing the execution of the Third Amended and Restated Agreement with Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials, and Compostable Materials Services (Franchise Agreement). This action extended the Franchise Agreement term for a minimum period of 10 years, until June 30, 2030, and included new trucks and other equipment, and enhanced services for the Livermore rate payers.

In the fall of 2022, the City Council approved the sale of LSI to another company, Waste Connections, along with their holdings in San Jose and Milpitas, and parts of eastern Alameda County served by LSI.

The transaction was final on December 1, 2022, and LSI is now owned by Waste Connections. There were no other substantive changes to the Franchise Agreement as a result of this sale.

102
For the rate period commencing July 1, 2023, the Franchise Agreement allows LSI to adjust its rates using an index-based methodology. The index-based methodology utilizes various cost adjustment factors such as the percentage change in the consumer price index and percentage change in the disposal fees. The City’s role in approving the rate increase is to determine that the rate adjustment is consistent with the methodology, as identified in the Franchise Agreement.

As required by the Franchise Agreement, LSI submitted a rate adjustment application for Rate Year 14 (FY 2023-24) on December 30, 2022, initially requesting a 7.23% rate increase. After staff review, a

5.88% increase was determined consistent with the rate adjustment methodology identified in the Franchise Agreement. Therefore, Rate 14 Total Calculated Costs for all services are projected to equal $32.04 million, a 5.88% increase compared to Rate Year 13 Total Calculated Costs.

A 5.88% increase is consistent with recent inflation statistics and is also somewhat less than other area jurisdictions have approved or are considering. For example, the City of San Ramon raised rates nearly 10% effective January 1, 2023, and the City of Pleasanton is estimating that their increase beginning July 1, 2023, could be as high as 8%.

According to Article 8 of the Franchise Agreement, LSI is responsible for proposing rates; the City Council is responsible for approving rates, if they are consistent with the stated methodology. Currently, 20- and 32-gallon subscriptions make up more than 80% of the approximately 26,700 residential accounts in Livermore. Proposed rates for residential customers and commercial customers that subscribe to cart service are noted in Table 1; all customer increases are available in Exhibit H (Exhibit A to the Resolution) of the Franchise Agreement.

Commercial, and
Single- and
Multi-family
Accounts
Current Monthly
Rates
Proposed Rate
Rate Year 14
(FY 2023-2024)
Increase
Per Month
Number of
Residential
Subscriptions
to Cart
Services
Percent of
Residential
Subscriptions
to Cart
Services
20-gal Cart
$30.94
$32.76
$1.82
9,258
35%
32-gal Cart
$40.63
$43.02
$2.39
12,304
46%
64-gal Cart
$60.36
$63.91
$3.55
4,528
17%
96-gal Cart
$94.26
$99.80
$5.54
601
2%
Table 1 – Current and Proposed Rates and Subscriptions

Staff recommends that the City Council approve an increase to rates for all customers by 5.88%.

FISCAL AND ADMINISTRATIVE IMPACTS

The City’s General Fund currently receives approximately $3 million in franchise fees annually from LSI.

The proposed rate changes would result in an increase in the amount of franchise fee received by approximately $150,000 which is included in the FY 2023-25 biennial budget proposal.

COMMUNITY PILLAR
3: Environmental Stewardship

GOAL CATEGORY
1: Develop, maintain, and manage the City’s solid waste contract 103

ATTACHMENTS

1. Resolution

2. Exhibit A - Rates for Rate Period Fourteen - Exhibit H

Prepared by: Judy Erlandson
Acting Assistant Public Works Director

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING AN AMENDMENT UPDATING EXHIBIT H OF THE

THIRD AMENDED AND RESTATED AGREEMENT WITH LIVERMORE SANITATION, INC. TO INCLUDE RATE YEAR FOURTEEN ADJUSTMENTS
On September 28, 2009, the Livermore City Council adopted Resolution No. 2009- 189 approving a franchise agreement for solid waste collection services: Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials and Compostable Materials Services (the “Original Agreement”).

On May 9, 2011, the City Council adopted Resolution No. 2011-069 approving the Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials and Compostable Materials Services.

On September 8, 2014, the City Council adopted Resolution No. 2014-141 approving the Second Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials and Compostable Materials Services.

On June 8, 2015, the City Council adopted Resolution No. 2015-075 approving the Special Rate Review Amendment to the Franchise Agreement.

On November 9, 2015, the City Council adopted Resolution No. 2015-157 approving the Second Amendment to the Franchise Agreement.

On April 27, 2020, the City Council adopted Resolution No. 2020-051 approving the Third Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials and Compostable Materials Services (the “Franchise Agreement”).

For the rate period commencing July 1, 2023, the Franchise Agreement allows Livermore Sanitation, Inc. to adjust its rates using an index-based methodology. The index-based methodology utilizes various cost adjustment factors such as the percentage change in the consumer price index and the percentage change in the tipping fees. The City of Livermore’s role in approving an index-based rate increase is to determine whether the requested rate adjustment is consistent with the methodology.

City staff reviewed the requested rate adjustments to be effective July 1, 2023, and determined that they comply with the rate methodology in the Franchise Agreement, and staff therefore recommended its approval by the City Council.

Following the public hearing and review, the City Council agreed to the recommended rate structure and services provided in connection therewith to the Franchise Agreement.
105
RESOLUTION NO. ________
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby:

1. Finds, based upon staff’s recommendation, that the index-based rate adjustment is consistent with the methodology in the Franchise Agreement, and therefore approves, effective July 1, 2023, the Solid Waste, Recyclable Materials, and Compostable Materials Service rates shall be as set forth in the revised Exhibit H which is attached as Exhibit A to this resolution, and be incorporated for all purposes into the Franchise Agreement.

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 amendment.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 8, 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 - Exhibit H Customer Rates for Rate Period Fourteen (effective July 1, 2023 – June 30, 2024)
106

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FOURTEEN
(Effective July 1, 2023 - June 30, 2024)

RATES FOR SINGLE FAMILY CART SERVICE CUSTOMERS
Basic Monthly Collection Service (including Recyclables and Compostables) Curbside
Monthly
Rate
Backyard or
Sideyard
Monthly Rate
20-gallon Solid Waste Cart* $32.76 $40.33
32-gallon Solid Waste Cart* $43.02 $60.76
64-gallon Solid Waste Cart* $63.91 $100.05
96-gallon Solid Waste Cart* $99.80 $156.74
Additional Carts (Rate per Additional Cart per Month)
Extra 32-gallon Solid Waste Cart $38.29 $56.64
Extra 64-gallon Solid Waste Cart $70.24 $105.78
Extra 96-gallon Solid Waste Cart $102.96 $156.04
Extra Compostable Materials Cart* $10.84 $10.84
Extra Recyclable Materials Cart* $10.84 $10.84
* Monthly rate also includes one 96-gallon Cart for Compostables and one 96-gallon Cart for Recyclables. Customers can request smaller cart sizes for Recyclables or Compostables; however, the monthly rate shall be the same as listed above.

Income-Based Program Monthly Collection Service (including Recyclables and Compostables) Curbside
Monthly
Rate
20-gallon Solid Waste Cart** $32.76
32-gallon Solid Waste Cart** $32.76
64-gallon Solid Waste Cart** $32.76
** Must qualify and Participate in the Pacific Gas and Electric Company's California Alternate Rates for Energy (CARE) Program ** If CARE Program discontinued Income-Based Program may be discontinued ** Only customers with individual Single Family accounts are eligible **Verification required every year to participate
Material
Type Examples
Rate Per
Pickup
E-Waste Cell Phones, CPUs, Monitors, Copiers, Fax
Machines, Laptops, Mouse, Keyboards,
Printers, Televisions, Radios, Stereos,
Speakers, Telephones, VCRs, DVDs, and
Camcorders
$28.13
Major
Appliances
Air Conditioners, Refrigerators, Freezers
any items containing oil, fuel or Freon
$140.69
Bulky Items All other large items Bathtubs, furniture,
bicycles used exercise equipment beds,
box springs, tires etc.
$70.35
Rates for Miscellaneous Service for Single Family Cart and Multi Family Cart Customers Service
Rate per
Occurrence
$180.74
$35.45
$130.11
Cart
Replacement $94.47
Trip Charge
$16.37
Cart Delivery
/ Pick-Up $16.37
Organic
Overage Company supplied Kraft bag paid for in advance $11.27 Organic
Overage Customer supplied Kraft Bag $7.03
Charge if customer requires cart replacement in excess of one replacement per year at no cost for each instance of container replacement related to service level changes due to delinquent payment, damage or theft.

If driver must return due to Resident error, such as failure to place Cart Curbside before Collection time, overfilled Cart, incorrect Cart placement, contaminated materials
Cart delivery/pick-up (charge if Customer requests a change in Cart size more than once per year) Container Size
Container Size
Rates for Bulky Items and E-Waste On-Call Pick-Up Service (Applicable for Single Family, Multi-Family, Commercial, and Government Customers) Description of Service
Handy Hauler
Service (4
Cubic Yard
Bin; Temp-
orary Use)
Per placement and removal of 4 cubic yard bin provided for occasional use Rate for rental of 4 cubic yard bin in excess of 7 days Per pull and return of 4 cubic yard bin (pull and return involves the collection of solid waste at the premises and leaving the empty handy hauler on the premises)
Exhibit H, Customer Rates
Single Family -2023 Page H-1
EXHIBIT A 107

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FOURTEEN
(Effective July 1, 2023 - June 30, 2024)
Solid Waste Collection Rates (Cost per month)*
1 2 3 4 5 6
32-gallon Cart $43.02 $88.35 $134.51 $182.34 $231.87 $283.06 64-gallon Cart $63.91 $131.78 $200.91 $272.53 $346.70 $423.37 96-gallon Cart $99.81 $206.45 $315.06 $427.63 $544.16 $664.62 Recyclables Collection Rates for More Frequent Service (Cost per Month)** 1 2 3 4 5 6
32-gallon Cart $0.00 $70.68 $107.61 $145.87 $185.50 $226.45 64-gallon Cart $0.00 $105.42 $160.73 $218.03 $277.36 $338.70 96-gallon Cart $0.00 $165.16 $252.04 $342.10 $435.33 $531.70 Compostables Collection Rates for More Frequent Service (Cost per Month)*** 1 2 3 4 5 6
32-gallon Cart $0.00 $70.68 $107.61 $145.87 $185.50 $226.45 64-gallon Cart $0.00 $105.42 $160.73 $218.03 $277.36 $338.70 96-gallon Cart $0.00 $165.16 $252.04 $342.10 $435.33 $531.70 Recyclables Collection Rates for Additional Carts (Cost per Month)** 1 2 3 4 5 6
32-gallon Cart $10.84 $70.68 $107.61 $145.87 $185.50 $226.45 64-gallon Cart $10.84 $105.42 $160.73 $218.03 $277.36 $338.70 96-gallon Cart $10.84 $165.16 $252.04 $342.10 $435.33 $531.70 Compostables Collection Rates for Additional Carts (Cost per Month)*** 1 2 3 4 5 6
32-gallon Cart $10.84 $70.68 $107.61 $145.87 $185.50 $226.45 64-gallon Cart $10.84 $105.42 $160.73 $218.03 $277.36 $338.70 96-gallon Cart $10.84 $165.16 $252.04 $342.10 $435.33 $531.70 Additional On-Call Pick-Up Service for Solid Waste, Recyclables or Compostables Cart (Cost per Pick-Up) 32 to 35-gal 64-gal 96-gal
Pick-Up On Regularly Scheduled Day $12.53 $26.44 $42.88 Pick-Up Other than Regularly Scheduled Day $12.53 $26.44 $42.88 Rates for Bulky Items and E-Waste On-Call Pick-Up Service Rates for bulky items and e-waste on-call pick-up service for Multi Family customers are provided on Page H-1 of this Exhibit.

Rates for Miscellaneous Service
Additional rates for miscellaneous service for Multi Family cart customers are provided on Page H-1 of this Exhibit.

Container Size
Container Size
Pick-Ups per Week
** Multi-Family Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
*** Multi-Family Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
** Multi-Family Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

RATES FOR MULTI FAMILY CART SERVICE CUSTOMERS
Container Size
Pick-Ups per Week
* Multi-Family Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Exhibit H, Customer Rates
Multi Family -2023 Page H-2
EXHIBIT A 108

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FOURTEEN
(Effective July 1, 2023 - June 30, 2024)

RATES FOR COMMERCIAL CART CUSTOMERS
Solid Waste Collection Rates (Cost per month)*
1 2 3 4 5 6
32-gallon Cart $43.02 $88.35 $134.51 $182.34 $231.87 $283.06 64-gallon Cart $63.91 $131.78 $200.91 $272.53 $346.70 $423.37 96-gallon Cart $99.81 $206.45 $315.06 $427.63 $544.16 $664.62 Recyclables Collection Rates for More Frequent Service (Cost per Month)** 1 2 3 4 5 6
32-gallon Cart $0.00 $70.68 $107.61 $145.87 $185.50 $226.45 64-gallon Cart $0.00 $105.42 $160.73 $218.03 $277.36 $338.70 96-gallon Cart $0.00 $165.16 $252.04 $342.10 $435.33 $531.70 Compostables Collection Rates for More Frequent Service (Cost per Month)*** 1 2 3 4 5 6
32-gallon Cart $0.00 $70.68 $107.61 $145.87 $185.50 $226.45 64-gallon Cart $0.00 $105.42 $160.73 $218.03 $277.36 $338.70 96-gallon Cart $0.00 $165.16 $252.04 $342.10 $435.33 $531.70 Recyclables Collection Rates for Additional Carts (Cost per Month)** 1 2 3 4 5 6
32-gallon Cart $34.42 $70.68 $107.61 $145.87 $185.50 $226.45 64-gallon Cart $51.13 $105.42 $160.73 $218.03 $277.36 $338.70 96-gallon Cart $79.84 $165.16 $252.04 $342.10 $435.33 $531.70 Compostables Collection Rates for Additional Carts (Cost per Month)*** 1 2 3 4 5 6
32-gallon Cart $34.42 $70.68 $107.61 $145.87 $185.50 $226.45 64-gallon Cart $51.13 $105.42 $160.73 $218.03 $277.36 $338.70 96-gallon Cart $79.84 $165.16 $252.04 $342.10 $435.33 $531.70 Additional On-Call Pick-Up Service for Solid Waste, Recyclables or Compostables Cart (Cost per Pick-Up) 32 to 35-gal 64-gal 96-gal
Pick-Up On Regularly Scheduled Day $12.53 $26.44 $42.88 Pick-Up Other than Regularly Scheduled Day $12.53 $26.44 $42.88 Rates for Bulky Items and E-Waste On-Call Pick-Up Service Rates for bulky items and e-waste on-call pick-up service for commercial customers are provided on Page H-1 of this Exhibit.

Container Size
Pick-Ups per Week
*** Commercial Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Container Size
Pick-Ups per Week
*** Commercial Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
** Commercial Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
* Commercial Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Exhibit H, Customer Rates
Commercial - 2023 Page H-3
EXHIBIT A 109

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FOURTEEN
(Effective July 1, 2023 - June 30, 2024)

RATES FOR COMMERCIAL AND RESIDENTIAL BIN CUSTOMERS
Solid Waste Rates (Cost per Month per Bin)****
1 2 3 4 5 6 1 2 3 4 5 6
1 cubic yard $126.07 $257.18 $393.32 $534.52 $680.76 $849.65 $252.15 $514.36 $786.65 $1,069.04 $1,361.53 $1,699.29 2 cubic yard $252.12 $514.35 $803.30 $1,091.67 $1,390.34 $1,734.75 $504.26 $1,028.69 $1,606.60 $2,183.35 $2,780.66 $3,469.50 3 cubic yard $378.20 $787.85 $1,204.96 $1,671.66 $2,129.00 $2,602.11 $756.40 $1,575.72 $2,409.92 $3,343.33 $4,258.01 $5,204.22 4 cubic yard $504.27 $1,050.48 $1,640.13 $2,228.88 $2,838.67 $3,540.38 $1,008.54 $2,100.95 $3,280.24 $4,457.76 $5,677.34 $7,080.75 5 cubic yard $643.67 $1,340.48 $2,050.16 $2,843.02 $3,620.83 $4,514.07 $1,287.34 $2,680.96 $4,100.31 $5,686.05 $7,241.68 $9,028.16 6 cubic yard $772.41 $1,608.58 $2,460.18 $3,411.63 $4,345.00 $5,416.89 $1,544.83 $3,217.16 $4,920.36 $6,823.27 $8,689.99 $10,833.78 7 cubic yard $901.14 $1,876.69 $2,928.86 $3,980.24 $5,170.68 $6,442.98 $1,802.29 $3,753.36 $5,857.72 $7,960.48 $10,341.35 $12,885.96 Recyclables Rates (Cost per Month per Bin)
1 2 3 4 5 6 1 2 3 4 5 6
1 cubic yard $100.85 $205.74 $314.66 $427.62 $544.61 $679.72 $201.72 $411.49 $629.32 $855.23 $1,089.22 $1,359.43 2 cubic yard $201.70 $411.48 $642.64 $873.34 $1,112.27 $1,387.80 $403.41 $822.95 $1,285.28 $1,746.68 $2,224.53 $2,775.60 3 cubic yard $302.56 $630.28 $963.97 $1,337.33 $1,703.20 $2,081.69 $605.12 $1,260.58 $1,927.94 $2,674.66 $3,406.41 $4,163.38 4 cubic yard $403.41 $840.38 $1,312.10 $1,783.10 $2,270.94 $2,832.30 $806.83 $1,680.76 $2,624.19 $3,566.21 $4,541.87 $5,664.60 5 cubic yard $514.94 $1,072.38 $1,640.13 $2,274.42 $2,896.67 $3,611.26 $1,029.87 $2,144.77 $3,280.25 $4,548.84 $5,793.34 $7,222.52 6 cubic yard $617.93 $1,286.86 $1,968.14 $2,729.31 $3,476.00 $4,333.51 $1,235.86 $2,573.73 $3,936.28 $5,458.61 $6,951.99 $8,667.03 7 cubic yard $720.92 $1,501.35 $2,343.09 $3,184.19 $4,136.54 $5,154.38 $1,441.83 $3,002.69 $4,686.17 $6,368.39 $8,273.08 $10,308.77 Compostables (Cost per Month per Bin)
1 2 3 4 5 6 1 2 3 4 5 6
1 cubic yard $100.85 $205.74 $314.66 $427.62 $544.61 $679.72 $201.72 $411.49 $629.32 $855.23 $1,089.22 $1,359.43 2 cubic yard $201.70 $411.48 $642.64 $873.34 $1,112.27 $1,387.80 $403.41 $822.95 $1,285.28 $1,746.68 $2,224.53 $2,775.60 3 cubic yard $302.56 $630.28 $963.97 $1,337.33 $1,703.20 $2,081.69 $605.12 $1,260.58 $1,927.94 $2,674.66 $3,406.41 $4,163.38 4 cubic yard $403.41 $840.38 $1,312.10 $1,783.10 $2,270.94 $2,832.30 $806.83 $1,680.76 $2,624.19 $3,566.21 $4,541.87 $5,664.60 5 cubic yard $514.94 $1,072.38 $1,640.13 $2,274.42 $2,896.67 $3,611.26 $1,029.87 $2,144.77 $3,280.25 $4,548.84 $5,793.34 $7,222.52 6 cubic yard $617.93 $1,286.86 $1,968.14 $2,729.31 $3,476.00 $4,333.51 $1,235.86 $2,573.73 $3,936.28 $5,458.61 $6,951.99 $8,667.03 Additional On-Call Pick-Up for Solid Waste, Recyclables or Compostables Bin (Cost per Pick-Up) 1 cu yd 2 cu yd 3 cu yd 4 cu yd 5 cu yd 6 cu yd 1 cu yd 2 cu yd 3 cu yd 4 cu yd 5 cu yd 6 cu yd Pick-Up On Regularly
Scheduled Day $32.22 $64.42 $96.66 $128.83 $193.26 $225.46 $64.44 $128.85 $193.32 $257.66 $386.51 $450.92 Pick-Up Other than
Regularly Scheduled
Day
$57.24 $87.97 $118.98 $149.66 $205.76 $242.10 $114.48 $175.94 $237.96 $299.32 $411.51 $484.20 Rates for Bulky Items and E-Waste On-Call Pick-Up Service Rates for bulky items and e-waste on-call pick-up service for Commercial bin customers are provided on Page H-1of this Exhibit.

Loose Materials Compacted Materials
Container Size Container Size
Bin Size
Pick-Ups per Week Pick-Ups per Week
Loose Materials Compacted Materials
Bin Size
Pick-Ups per Week Pick-Ups per Week
Bin Size
Pick-Ups per Week Pick-Ups per Week
**** Commercial Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Loose Materials Compacted Materials
Loose Materials Compacted Materials
Exhibit H, Customer Rates
Commercial - 2023 Page H-4
EXHIBIT A 110

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FOURTEEN
(Effective July 1, 2023 - June 30, 2024)
Contaminated Recyclables or Compostables Cart (Cost per Pick-Up) 32 to 35-gal 64-gal 96-gal
Pick-Up On Regularly Scheduled Day $25.06 $52.88 $85.76 Pick-Up Other than Regularly Scheduled Day $25.06 $52.88 $85.76 Contaminated Recyclables or Compostables Bin (Cost per Pick-Up) 1 cu yd 2 cu yd 3 cu yd 4 cu yd 5 cu yd 6 cu yd 1 cu yd 2 cu yd 3 cu yd 4 cu yd 5 cu yd 6 cu yd Pick-Up On Regularly
Scheduled Day $64.44 $128.85 $193.32 $257.66 $386.51 $450.92 $128.88 $257.70 $386.64 $515.33 $773.01 $901.85 Pick-Up Other than
Regularly Scheduled
Day
$114.48 $175.94 $237.96 $299.32 $411.51 $484.20 $228.95 $351.87 $475.92 $598.64 $823.02 $968.40 Rate per
Occurrence
$180.74
$35.45
$130.11
$94.47
$16.37
$16.37
$24.57
$93.23
$32.67
$165.78
$94.47
Steam Cleaning Bin Charge per visit
Steam Cleaning Cart Charge per visit
Overage Charge Per cubic yard rate
Standby Charge Charge for waiting for access to Cart/Bin or for Cart/Bin to be loaded Lost Lock Fee for replacing lost lock
Cart Replacement Charge if customer requires cart replacement in excess of one replacement per year at no cost for each instance of container replacement related to service level changes due to delinquent payment, damage or theft.

Trip Charge (for Bin) If driver must return due to Customer error, such as failure to make Bin accessible before Collection time, overfilled Bin, incorrect Bin placement, contaminated materials) Trip Charge (for Carts) If driver must return due to customer error, such as failure to make Cart accessible before collection time, overfilled Cart, incorrect Cart placement, contaminated materials) Container Size Container Size
Rates for Miscellaneous Services for Commercial and Residential Bin and Commercial Cart Customers Service Description of Service
Handy Hauler Service (4 Cubic Yard
Bin; Temporary Use)
Per placement and removal of 4 cubic yard bin provided for occasional use Rate for rental of 4 cubic yard bin in excess of 7 days Per pull and return of 4 cubic yard bin (pull and return involves the collection of solid waste at the premises and leaving the empty handy hauler on the premises)
Container Size
Loose Materials Compacted Materials
Exhibit H, Customer Rates
Commercial - 2023 Page H-5
EXHIBIT A 111

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FOURTEEN
(Effective July 1, 2023 - June 30, 2024)

RATES FOR GOVERNMENT CART CUSTOMERS
(Qualifying Government Customers include Federal and State facilities located with in the City of Livermore) Solid Waste Collection Rates (Cost per month)*
1 2 3 4 5 6
32-gallon Cart $21.51 $44.18 $67.26 $91.17 $115.94 $141.53 64-gallon Cart $31.95 $65.89 $100.45 $136.27 $173.35 $211.69 96-gallon Cart $49.90 $103.23 $157.53 $213.82 $272.08 $332.31 Recyclables Collection Rates for More Frequent Service (Cost per Month)** 1 2 3 4 5 6
32-gallon Cart $0.00 $35.34 $53.81 $72.94 $92.75 $113.22 64-gallon Cart $0.00 $52.71 $80.36 $109.01 $138.68 $169.35 96-gallon Cart $0.00 $82.58 $126.02 $171.05 $217.66 $265.85 Compostables Collection Rates for More Frequent Service (Cost per Month)*** 1 2 3 4 5 6
32-gallon Cart $0.00 $35.34 $53.81 $72.94 $92.75 $113.22 64-gallon Cart $0.00 $52.71 $80.36 $109.01 $138.68 $169.35 96-gallon Cart $0.00 $82.58 $126.02 $171.05 $217.66 $265.85 Recyclables Collection Rates for Additional Carts (Cost per Month)** 1 2 3 4 5 6
32-gallon Cart $17.21 $35.34 $53.81 $72.94 $92.75 $113.22 64-gallon Cart $25.56 $52.71 $80.36 $109.01 $138.68 $169.35 96-gallon Cart $39.92 $82.58 $126.02 $171.05 $217.66 $265.85 Container Size
Pick-Ups per Week
*** Government Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
** Government Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
* Government Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Exhibit H, Customer Rates
Government - 2023 Page H-6
EXHIBIT A 112

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FOURTEEN
(Effective July 1, 2023 - June 30, 2024)
Compostables Collection Rates for Additional Carts (Cost per Month)*** 1 2 3 4 5 6
32-gallon Cart $17.21 $35.34 $53.81 $72.94 $92.75 $113.22 64-gallon Cart $25.56 $52.71 $80.36 $109.01 $138.68 $169.35 96-gallon Cart $39.92 $82.58 $126.02 $171.05 $217.66 $265.85 RATES GOVERNMENT BIN SERVICE CUSTOMERS (cont.)
Additional On-Call Pick-Up Service for Solid Waste, Recyclables or Compostables Cart (Cost per Pick-Up) 32 to 35-gal 64-gal 96-gal
Pick-Up On Regularly Scheduled Day $6.26 $13.22 $21.44
Pick-Up Other than Regularly Scheduled Day $6.26 $13.22 $21.44 Solid Waste Rates (Cost per Month per Bin)****
1 2 3 4 5 6 1 2 3 4 5 6
1 cubic yard $63.03 $128.59 $196.66 $267.26 $340.38 $424.82 $126.07 $257.18 $393.32 $534.52 $680.76 $849.65 2 cubic yard $126.06 $257.17 $401.65 $545.84 $695.17 $867.38 $252.13 $514.35 $803.30 $1,091.68 $1,390.33 $1,734.75 3 cubic yard $189.10 $393.93 $602.48 $835.83 $1,064.50 $1,301.06 $378.20 $787.86 $1,204.96 $1,671.66 $2,129.00 $2,602.11 4 cubic yard $252.13 $525.24 $820.06 $1,114.44 $1,419.34 $1,770.19 $504.27 $1,050.48 $1,640.12 $2,228.88 $2,838.67 $3,540.37 5 cubic yard $321.84 $670.24 $1,025.08 $1,421.51 $1,810.42 $2,257.04 $643.67 $1,340.48 $2,050.16 $2,843.02 $3,620.84 $4,514.08 6 cubic yard $386.20 $804.29 $1,230.09 $1,705.82 $2,172.50 $2,708.45 $772.42 $1,608.58 $2,460.18 $3,411.63 $4,345.00 $5,416.89 7 cubic yard $450.57 $938.34 $1,464.43 $1,990.12 $2,585.34 $3,221.49 $901.14 $1,876.68 $2,928.86 $3,980.24 $5,170.68 $6,442.98

Recyclables Rates (Cost per Month per Bin)
1 2 3 4 5 6 1 2 3 4 5 6
1 cubic yard $50.43 $102.87 $157.33 $213.81 $272.31 $339.86 $100.86 $205.74 $314.66 $427.62 $544.61 $679.72 2 cubic yard $100.85 $205.74 $321.32 $436.67 $556.13 $693.90 $201.70 $411.48 $642.64 $873.34 $1,112.26 $1,387.80 3 cubic yard $151.28 $315.14 $481.98 $668.67 $851.60 $1,040.84 $302.56 $630.29 $963.97 $1,337.33 $1,703.20 $2,081.69 4 cubic yard $201.71 $420.19 $656.05 $891.55 $1,135.47 $1,416.15 $403.41 $840.38 $1,312.10 $1,783.10 $2,270.94 $2,832.30 5 cubic yard $257.47 $536.19 $820.06 $1,137.21 $1,448.33 $1,805.63 $514.94 $1,072.38 $1,640.13 $2,274.42 $2,896.67 $3,611.26 6 cubic yard $308.96 $643.43 $984.07 $1,364.65 $1,738.00 $2,166.76 $617.93 $1,286.87 $1,968.14 $2,729.31 $3,476.00 $4,333.51 7 cubic yard $360.46 $750.67 $1,171.54 $1,592.10 $2,068.27 $2,577.19 $720.92 $1,501.34 $2,343.09 $3,184.19 $4,136.54 $5,154.38 Bin Size
Pick-Ups per Week Pick-Ups per Week
Bin Size
Pick-Ups per Week Pick-Ups per Week
**** Government Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Loose Materials Compacted Materials
Container Size
Pick-Ups per Week
*** Government Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Loose Materials Compacted Materials
Exhibit H, Customer Rates
Government - 2023 Page H-7
EXHIBIT A 113

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FOURTEEN
(Effective July 1, 2023 - June 30, 2024)
Compostables (Cost per Month per Bin)
1 2 3 4 5 6 1 2 3 4 5 6
1 cubic yard $50.43 $102.87 $157.33 $213.81 $272.31 $339.86 $100.86 $205.74 $314.66 $427.62 $544.61 $679.72 2 cubic yard $100.85 $205.74 $321.32 $436.67 $556.13 $693.90 $201.70 $411.48 $642.64 $873.34 $1,112.26 $1,387.80 3 cubic yard $151.28 $315.14 $481.98 $668.67 $851.60 $1,040.84 $302.56 $630.29 $963.97 $1,337.33 $1,703.20 $2,081.69 4 cubic yard $201.71 $420.19 $656.05 $891.55 $1,135.47 $1,416.15 $403.41 $840.38 $1,312.10 $1,783.10 $2,270.94 $2,832.30 5 cubic yard $257.47 $536.19 $820.06 $1,137.21 $1,448.33 $1,805.63 $514.94 $1,072.38 $1,640.13 $2,274.42 $2,896.67 $3,611.26 6 cubic yard $308.96 $643.43 $984.07 $1,364.65 $1,738.00 $2,166.76 $617.93 $1,286.87 $1,968.14 $2,729.31 $3,476.00 $4,333.51 RATES GOVERNMENT BIN SERVICE CUSTOMERS (cont.)
Additional On-Call Pick-Up for Solid Waste, Recyclables or Compostables Bin (Cost per Pick-Up) 1 cu yd 2 cu yd 3 cu yd 4 cu yd 5 cu yd 6 cu yd 1 cu yd 2 cu yd 3 cu yd 4 cu yd 5 cu yd 6 cu yd Pick-Up On Regularly
Scheduled Day $16.11 $32.21 $48.33 $64.42 $96.63 $112.73 $32.22 $64.42 $96.66 $128.83 $193.25 $225.46 Pick-Up Other than
Regularly Scheduled
Day
$28.62 $43.98 $59.49 $74.83 $102.88 $121.05 $57.24 $87.97 $118.98 $149.66 $205.76 $242.10 Rates for Bulky Items and E-Waste On-Call Pick-Up Service Rates for bulky items and e-waste on-call pick-up service for Government customers are provided on Page H-1 of this Exhibit.

Rates for Miscellaneous Services for Government Bin and Cart Customers

Rate per
Occurrence
$90.37
$17.72
$65.05
$47.24
$8.19
$8.19
$12.29
$46.62
$16.34
$82.89
$47.24
Steam Cleaning Cart Charge per visit
Standby Charge Charge for waiting for access to Cart/Bin or for Cart/Bin to be loaded Lost Lock Fee for replacing lost lock
Steam Cleaning Bin Charge per visit
Trip Charge (for Bin) If driver must return due to Customer error, such as failure to make Bin accessible before Collection time, overfilled Bin, incorrect Bin placement, contaminated materials) Trip Charge (for Carts) If driver must return due to customer error, such as failure to make Cart accessible before collection time, overfilled Cart, incorrect Cart placement, contaminated materials) Overage Charge Per cubic yard rate
Handy Hauler Service (4 Cubic
Yard Bin; Temporary Use)
Per placement and removal of 4 cubic yard bin provided for occasional use Rate for rental of 4 cubic yard bin in excess of 7 days Per pull and return of 4 cubic yard bin (pull and return involves the collection of solid waste at the premises and leaving the empty handy hauler on the premises) Cart Replacement Charge if customer requires cart replacement in excess of one replacement per year at no cost for each instance of container replacement related to service level changes due to delinquent payment, damage or theft.

Loose Materials Compacted Materials
Container Size Container Size
Service Description of Service
Loose Materials Compacted Materials
Bin Size
Pick-Ups per Week Pick-Ups per Week
Exhibit H, Customer Rates
Government - 2023 Page H-8
EXHIBIT A 114

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FOURTEEN
(Effective July 1, 2023 - June 30, 2024)

RATES FOR DROP BOX AND COMPACTOR CUSTOMERS
Per-Pull Rates*
Customer shall be charged a per-pull rate each time its drop box or compactor box is serviced. In addition, customer will be charged for each ton of material collected at rates listed below. *Customers will be charged full Per-Pull Rate if the truck is unable to access container.

Loose Solid
Waste
Materials
Compacted
Solid Waste
Materials
Loose
Recycling,
Organics and
C&D Materials
Compacted
Recycling and
Organics
Materials
Container Size Per-Pull Rate Per-Pull Rate Per-Pull Rate Per-Pull Rate Other Charges (See list below) 6 cubic yards $236.08 Not Available $236.08 Not Available Disposal or processing costs for actual tonnage collected 12 cubic yards Not Available $944.33 Not Available $566.60 Disposal or processing costs for actual tonnage collected 15 cubic yards $393.41 $1,180.41 $236.08 $708.25 Disposal or processing costs for actual tonnage collected 16 cubic yards Not Available $1,259.11 Not Available $755.46 Disposal or processing costs for actual tonnage collected 20 cubic yards $524.63 $1,573.88 $314.78 $944.33 Disposal or processing costs for actual tonnage collected 24 cubic yards Not Available $1,888.65 Not Available $1,133.19 Disposal or processing costs for actual tonnage collected 25 cubic yards Not Available $1,967.35 Not Available $1,180.41 Disposal or processing costs for actual tonnage collected 30 cubic yards $786.94 $2,360.82 $472.16 $1,416.49 Disposal or processing costs for actual tonnage collected 40 cubic yards $1,049.26 $3,147.76 $629.55 $1,888.65 Disposal or processing costs for actual tonnage collected Disposal and Processing Rates
In addition to the per-pull rate (listed above) charged each time the drop box or compactor box is serviced, the customer will be charged for each ton of material in the drop box or compactor box based on actual weight of materials. Per-ton rates are listed below. Per-ton charges will be made after materials are collected.

Material Type Cost per Ton
Solid Waste $40.05
Recyclables $0.00
Compostables $40.05
Brick $35.50
Dirt* $45.50
Wood* $100.50
Treated Wood Waste (minimum charge of $400.00)* $135.00 Metal $118.00
Christmas Trees $36.38
Concrete* $35.50
Construction and demolition debris (mixed) $109.15
* Per-ton rates for dirt, wood, concrete, and mixed construction and demolition debris are subject to change.

Per-ton rates for these materials shall be equal to the gate rate posted at Vasco Road landfill for each material type.

Loads characterized as contaminated (garbage in organics, or garbage in recyclables for example) by the processing facility shall be charged at loose garbage rates.

Rates for Miscellaneous Service for Drop Boxes and Compactor Boxes Rate per
Occurrence
All box sizes $129.08
All box sizes $472.67
Rate for rental of Drop Box or Compactor in excess of 7 days - per day $5.15 Rate charged at landfill - per load for Dirt Boxes. $18.00 Rate charged at landfill for Dirt Boxes. Variable
Per charges from landfill on weight ticket. $488.00
Per item $178.73
Per item $99.00
All box sizes $69.67
All box sizes $103.99
Per charges from landfill on weight ticket. $488.00
Charge for waiting for access to Box or for Box to be loaded. $93.23 All box sizes $172.25
On the rim - rates are double. Charge is dependent on tire size. Variable $52.50
$70.00
$118.00
Charged per item when found in Drop Box or Compactor loads at the landfill.

Television - Large Charged per item when found in Drop Box or Compactor loads at the landfill.

White Goods (Appliances) Charged per item when found in Drop Box or Compactor loads at the landfill.

Relocation Fee
Special Handling Fee
Standby Fee (Driver Time)
Steam Cleaning - Compactor
Tires
Television - Small
Environmental Fee
Fuel Fee
Hard to Handle Loads
Impound Fee
Mattresses
Placement Charge
Service Description of Service
Cancellation Service
Certificate of Destruction
Demurrage Charge
Exhibit H, Customer Rates
Drop Box - 2023 Page H-9
EXHIBIT A 115

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FOURTEEN
(Effective July 1, 2023 - June 30, 2024)

RATES FOR GOVERNMENT DROP BOX AND COMPACTOR CUSTOMERS
Per-Pull Rates*
Customer shall be charged a per-pull rate each time its drop box or compactor box is serviced. In addition, customer will be charged for each ton of material collected at rates listed below. *Customers will be charged full Per-Pull Rate if the truck is unable to access container.

Loose Solid
Waste
Materials
Compacted
Solid Waste
Materials
Loose
Recycling,
Organics and
C&D Materials
Compacted
Recycling and
Organics
Materials
Container Size Per-Pull Rate Per-Pull Rate Per-Pull Rate Per-Pull Rate Other Charges (See list below) 6 cubic yards $118.04 Not Available $118.04 Not Available Disposal or processing costs for actual tonnage collected 12 cubic yards Not Available $472.16 Not Available $283.30 Disposal or processing costs for actual tonnage collected 15 cubic yards $196.70 $590.21 $118.04 $354.12 Disposal or processing costs for actual tonnage collected 16 cubic yards Not Available $629.55 Not Available $377.73 Disposal or processing costs for actual tonnage collected 20 cubic yards $262.31 $786.94 $157.39 $472.17 Disposal or processing costs for actual tonnage collected 24 cubic yards Not Available $944.33 Not Available $566.60 Disposal or processing costs for actual tonnage collected 25 cubic yards Not Available $983.67 Not Available $590.20 Disposal or processing costs for actual tonnage collected 30 cubic yards $393.47 $1,180.41 $236.08 $708.25 Disposal or processing costs for actual tonnage collected 40 cubic yards $524.63 $1,573.88 $314.78 $944.33 Disposal or processing costs for actual tonnage collected Disposal and Processing Rates
In addition to the per-pull rate (listed above) charged each time the drop box or compactor box is serviced, the customer will be charged for each ton of material in the drop box or compactor box based on actual weight of materials. Per-ton rates are listed below. Per-ton charges will be made after materials are collected.

Per-ton rates for these materials shall be equal to the gate rate posted at Vasco Road landfill for each material type.

Loads characterized as contaminated (garbage in organics, or garbage in recyclables for example) by the processing facility shall be charged at loose garbage rates.

Rates for Miscellaneous Service for Government Drop Boxes and Compactor Boxes Rate per
Occurrence
All box sizes $129.08
All box sizes $472.67
Rate for rental of Drop Box or Compactor in excess of 7 days - per day $5.15 Rate charged at landfill - per load for Dirt Boxes. $18.00 Rate charged at landfill for Dirt Boxes. Variable
Per charges from landfill on weight ticket. $488.00
Per item $178.73
Per item $99.00
All box sizes $69.67
All box sizes $103.99
Per charges from landfill on weight ticket. $488.00
Charge for waiting for access to Box or for Box to be loaded. $93.23 All box sizes $172.25
On the rim - rates are double. Charge is dependent on tire size. Variable $52.50
$70.00
$118.00
Charged per item when found in Drop Box or Compactor loads at the landfill.

Television - Large Charged per item when found in Drop Box or Compactor loads at the landfill.

White Goods (Appliances) Charged per item when found in Drop Box or Compactor loads at the landfill.

Relocation Fee
Special Handling Fee
Standby Fee (Driver Time)
Steam Cleaning - Compactor
Tires
Television - Small
Environmental Fee
Fuel Fee
Hard to Handle Loads
Impound Fee
Mattresses
Placement Charge
(Qualifying Government Customers include Federal and State facilities located with in the City of Livermore) Service Description of Service
Cancellation Service
Certificate of Destruction
Demurrage Charge
Exhibit H, Customer Rates
Drop Box Government - 2023 Page H-10
EXHIBIT A 116

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FOURTEEN
(Effective July 1, 2023 - June 30, 2024)

RATES FOR GOVERNMENT RCI CERTIFICATION/LEED PROJECTS
Per-Pull Rates*
Customer shall be charged a per-pull rate each time its drop box or compactor box is serviced. In addition, customer will be charged for each ton of material collected at rates listed below. *Customers will be charged full Per-Pull Rate if the truck is unable to access container.

Loose
Recycling and
C&D
Materials
Container Size Per-Pull Rate Other Charges (See list below) 6 cubic yards $118.04 Disposal or processing costs for actual tonnage collected 15 cubic yards $196.70 Disposal or processing costs for actual tonnage collected 20 cubic yards $262.31 Disposal or processing costs for actual tonnage collected 30 cubic yards $393.47 Disposal or processing costs for actual tonnage collected 40 cubic yards $524.63 Disposal or processing costs for actual tonnage collected Disposal and Processing Rates
In addition to the per-pull rate (listed above) charged each time the drop box or compactor box is serviced, the customer will be charged for each ton of material in the drop box or compactor box based on actual weight of materials. Per-ton rates are listed below. Per-ton charges will be made after materials are collected.

Material Type Cost per Ton Minimum
Wood Debris $50.00 $110.00
Wood Debris Mixed $88.00 $110.00
Demolition Debris $88.00 $110.00
Demolition Debris Mixed $88.00 $110.00
Construction Debris $88.00 $110.00
Construction Debris Mixed $88.00 $110.00
Concrete Mixed $66.00 $110.00
Concrete Oversized $136.00 $136.00
Cardboard Office Paper $18.00 $18.00
* Per-ton rates for dirt, wood, concrete, and mixed construction and demolition debris are subject to change.

Per-ton rates for these materials shall be equal to the gate rate posted at Zanker landfill for each material type.

Rates for Miscellaneous Service for RCI Certification Drop Boxes and Compactor Boxes Rate per
Occurrence
All box sizes $129.08
Rate for rental of Drop Box or Compactor in excess of 7 days - per day $5.15 All box sizes $69.67
All box sizes $103.99
Charge for waiting for access to Box or for Box to be loaded. $93.23 Relocation Fee
Standby Fee (Driver Time)
Service Description of Service
Cancellation Service
Demurrage Charge
Placement Charge
Exhibit H, Customer Rates
Government RCI Cert - 2023 Page H-11
EXHIBIT A 117

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FOURTEEN
(Effective July 1, 2023 - June 30, 2024)

RATES FOR RCI CERTIFICATION/LEED PROJECTS
Per-Pull Rates*
Customer shall be charged a per-pull rate each time its drop box or compactor box is serviced. In addition, customer will be charged for each ton of material collected at rates listed below. *Customers will be charged full Per-Pull Rate if the truck is unable to access container.

Loose
Recycling and
C&D
Materials
Container Size Per-Pull Rate Other Charges (See list below) 6 cubic yards $236.08 Disposal or processing costs for actual tonnage collected 15 cubic yards $393.41 Disposal or processing costs for actual tonnage collected 20 cubic yards $524.63 Disposal or processing costs for actual tonnage collected 30 cubic yards $786.94 Disposal or processing costs for actual tonnage collected 40 cubic yards $1,049.26 Disposal or processing costs for actual tonnage collected Disposal and Processing Rates
In addition to the per-pull rate (listed above) charged each time the drop box or compactor box is serviced, the customer will be charged for each ton of material in the drop box or compactor box based on actual weight of materials. Per-ton rates are listed below. Per-ton charges will be made after materials are collected.

Per-ton rates for these materials shall be equal to the gate rate posted at Zanker landfill for each material type.

CITY COUNCIL STAFF REPORT
ITEM NO. 6.2

DATE:

May
8, 2023
TO:

Honorable Mayor and City Council
FROM:

Jeramy Young, Police Chief
SUBJECT:

Hearing to
introduce an ordinance
amending Livermore Municipal Code (LMC) Chapter

9.40 - Fireworks, to include additional prohibitions and penalties related to the sale, possession, and use of fireworks.

RECOMMENDED ACTION

Staff recommends City Council introduce an ordinance amending LMC Chapter 9.40 - Fireworks, adding a social hosting provision and administrative fines and penalties.

SUMMARY
Throughout each year, especially around the Fourth of July, the Livermore Police Department receives numerous complaints about fireworks. The majority of the complaints are related to the associated loud noises and potential fire dangers. Historically, there have been minimal results from enforcement efforts.

Staff researched options to improve Livermore's current municipal code in order to enhance the police department's ability to enforce fireworks related statutes and discourage the use of fireworks within the city.

DISCUSSION
California state law makes certain types of fireworks illegal to possess, while the current Livermore Municipal Code makes the sale, possession, or use of all fireworks illegal in the City of Livermore, absent a statutory exception. Despite these laws, fireworks are commonly discharged in the city. Staff expects nearly 100 complaints of illegal fireworks on the Fourth of July this year alone. Last year, there were 87 complaints, none of which resulted in citations.

Staff has identified several challenges to the enforcement of fireworks related laws. The main challenge is meeting the requirements of California Penal Code Section 836. This statute outlines when an officer may effect an arrest, including when they may issue a citation for an infraction or misdemeanor related to fireworks. The code requires that the offense be committed in the officer's presence. Staff's experience has shown that violators rarely sell, openly possess, or use fireworks directly in front of a police officer, which limits the officer's authority to take action on suspected violations. 119

Additional challenges are presented by the limitations of the reporting parties, who often have limited details about the offense and the specific identity of the offender. Frequently, they only heard a loud noise associated with a firework, and they have no information about who discharged it or the exact location it was discharged from. Sometimes they are able to identify an associated residence, but they can rarely identify an individual who was responsible. By law, if a witness saw a violator discharge a firework, they could place that person under a private person's arrest and co-sign a citation against them; however, that option is typically refused when offered by an officer.

In order to mitigate these challenges, staff researched other municipal ordinances that might offer remedies. Ultimately, staff proposed amendments to Livermore's current fireworks ordinance (Chapter

9.40), to include a social hosting provision (amended Section 9.40.060) and the discretion to utilize administrative fines and penalties (amended Section 9.40.070) that are not subject to the strict requirements of Penal Code Section 836.

The social hosting provision would hold hosts liable for the actions of their guests on their property, or within the public right-of-way adjacent to their property, when an individual violator cannot be identified.

This change would provide officers with a tool to address groups of people gathering at or near a residence to use fireworks. Officers could use their observations and information from other sources, such as witness statements and fireworks debris, to issue an administrative citation to the homeowner, or person in charge of the gathering. Fines would not exceed $500. Additional penalties could include cost recovery fees related to the law enforcement response. Livermore Municipal Code Sections 1.20 and 1.22 outline the process, including the appeals process, related to the issuance of administrative citations.

Although these amendments are unlikely to end the illegal use of fireworks in the City, they provide additional tools for law enforcement to address the issue and may discourage some people from hosting gatherings where fireworks are discharged. A reduction in fireworks usage is expected to proportionally reduce noise related nuisance complaints and associated fire dangers.

FISCAL AND ADMINISTRATIVE IMPACTS

The proposed amendments to Ordinance 9.40 are not expected to have any significant fiscal impact.

Penalties could result in some minimal revenue but would not likely cover full response costs.

COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL
2: Provide proactive and effective public safety and crime prevention through direct enforcement and education, and in partnerships.
13 (revised): Focus enforcement (including Neighborhood Preservation) activities on community priorities.

ATTACHMENTS

1. Redline Changes to Municipal Code

2. Ordinance
120

Prepared by: Jason Boberg
Police Captain

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
121
Chapter 9.40

FIREWORKS
Sections:
+ 9.40.010 Definitions.
o 9.40.020 Sale, possession or use prohibited.
o 9.40.030 Exceptions.
o 9.40.040 Applicability of state fireworks law.
o 9.40.050 Fireworks may be seized or destroyed by police. + 9.40.060 Host Liability.
+ 9.40.070 9.40.060 Violation – Penalty.

9.40.010 Definitions.

As used in this chapter:

A. “Approved site” means an area approved by the fire chief or fire marshal and prepared in such a manner as to prevent the ignition and spread of fire and the escape of fire to adjoining property.

B.
“Fireworks” means and includes:

1. Any combus
tible or explosive composition or any substance or combination of substances or articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, whether manufactured, homemade or improvised;

2. Fireworks classified by the State Fire Marshal as “dangerous fireworks” and as “safe and sane fireworks” pursuant to Health and Safety Code Sections 12561 and 12562;

3. Any pyrotechnic device for
which the State Fire Marshal requires a license to manufacture, sell, transport or operate; and

4. Firecrackers, torpedoes, skyrockets, Roman candles
, cherry bombs, sparklers, chasers, snakes or
other fireworks of like or similar construction and any fireworks containing any explosive or flammable compound or substance.

ATTACHMENT 1
122
This definition of fireworks does not include devices that are: (a) identified in Health and Safety Code Section 12540 which are not subject to the state fireworks law (Division 11, Part 2, of the Health and Safety Code, Section 12500 et seq.); (b) classified as exempt fireworks pursuant to Health and Safety Code Section 12565; (c) capable of making an audible popping sound and/or propelling confetti or streamers into the air when the device is twisted or a string is pulled, or a mild audible popping sound when dropped on the ground, provided such devices are not subject to the state fireworks law; or (d) that are classified as model rocket engines pursuant to Health and Safety Code Section 12565. (Ord. 1794 § 1, 2006; Ord. 1131 § 2, 1983; 1960 code § 9.30)
C. “Host” means a person who invites others to gather on a parcel of property that the person owns, possesses, or controls, or who organizes, supervises, officiates, conducts, controls, or is otherwise in charge of the activity on the parcel of property. A governmental entity is expressly excluded from the meaning of the word “Host.”

D. “Strictly liable” means liability for a wrongful act irrespective of such person’s intent, knowledge, negligence or lack thereof in committing the wrongful act.

9.40.020 Sale, possession or use prohibited.

It is unlawful for any person to give away, sell, offer for sale, solicit the sale of, possess, purchase, use, ignite, explode, fire, or otherwise discharge any fireworks within the City. (Ord. 2065 § 1(A), 2018; Ord. 1794 § 1, 2006; Ord. 1131 § 2, 1983; 1960 code § 9.31)

9.40.030 Exceptions.

The provisions of this chapter shall not apply to the following:

A. A public display of fireworks by the City at an approved site. The City may contract with a licensed pyrotechnic operator to conduct the display. Any public display shall be performed in accordance with the requirements of the Health and Safety Code and the rules and regulations of the State Fire Marshal.

B. A public fireworks display or the use of fireworks for television, film, theater, or movie production, provided a permit therefor is first secured from the City.

A permit from the City may be secured by application to the city fire chief, who shall make a recommendation to the City Council for approval or disapproval and stating whether the applicant has secured all appropriate licenses from the State Fire Marshal for the type of fireworks to be used. The City Council may grant or deny such application for permit based upon the evidence before it, and may impose conditions upon the permit ATTACHMENT 1
123
requiring the applicant to obtain all necessary and appropriate permits and licenses from the State Fire Marshal before engaging in the display or use applied for.

C. The use by railroad or other transportation agencies for signal purposes or illumination by flares or fuses.

D. The sale or use of blank cartridges for theatrical purposes, athletic events, or military ceremonials. (Ord. 2065 § 1(A), 2018; Ord. 1794 § 1, 2006; Ord. 1131 § 2, 1983; 1960 code § 9.32)

9.40.040 Applicability of state fireworks law.

This chapter does not supersede the state fireworks law, but is intended to supplement the provisions of Division 11, Part 2, of the Health and Safety Code (Section 12500 et seq.) as well as the administrative regulations adopted pursuant to that law. (Ord. 1794 § 1, 2006)

9.40.050 Fireworks may be seized or destroyed by police.

Any member of the Livermore police department or the Livermore-Pleasanton fire department shall seize, take, remove or cause to be removed and arrange for the destruction at the expense of the owner of all fireworks offered or exposed for sale, stored, possessed, transported, or otherwise in violation of this chapter. (Ord. 1794 § 1, 2006)

9.40.060 Host Liability
A. It is unlawful for a host to allow a parcel of property that the host owns, possesses, or controls to be used in a manner prohibited by section 9.40.020, whether the violation is caused by the host or by any other person.

B. A host is strictly liable for any violation of section 9.40.020 that occurs during a gathering on property that the host owns, possesses, or controls, or in the public right-of-way immediately adjacent to the parcel of property that the host owns, possesses, or controls.

C. Notwithstanding the prohibitions in subsections (A) and (B) above, the provisions of this section shall not apply to a host who initiates contact with law enforcement or fire officials to assist in removing any person from the property or terminating the activity in order to comply with this chapter, if the request for assistance is made before any other person contacts law enforcement or fire officials to complain about the violation of this chapter.

9.40.070 Violation – Penalty.

Persons violating this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed $500.00, or by imprisonment in the City or county jail for a period not exceeding 30 days, or by both such fine and imprisonment, and the license shall be revoked. In lieu of criminal penalties, violations may also be handled administratively pursuant to Chapter 1.20. Administrative penalties may include administrative fines and recovery costs related to staff time.

ATTACHMENT 1
124

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE AMENDING TITLE 9, CHAPTER 9.40, FIREWORKS, OF THE

LIVERMORE MUNICIPAL CODE TO ADD ADDITIONAL PROHIBITIONS AND

PENALTIES RELATED TO THE SALE, POSSESSION, AND USE OF FIREWORKS

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

Section 1. Amendment. Title 9, Chapter 9.40, Fireworks, of the Livermore Municipal Code is amended and restated as shown below. The deletions are shown using a strikethrough, and the added language is shown with an underline, but the stricken language and underlines themselves shall not be codified in the Municipal Code, which publication shall only reflect the final language.

A. In Section 9.40.010, subsection C is hereby added and states the definition of “Host” as set forth below:
“Host” means a person who invites others to gather on a parcel of property that the person owns, possesses, or controls, or who organizes, supervises, officiates, conducts, controls, or is otherwise in charge of the activity on the property. A governmental entity is expressly excluded from the meaning of the word “Host.”
B. In Section 9.40.010, subsection D is hereby added and states the definition of “Strictly liable” as set forth below:
“Strictly liable” means liability for a wrongful act irrespective or such person’s intent, knowledge, negligence or lack thereof in committing the wrongful act.

C. Section 9.40.060, “Host Liability,” is hereby added as set forth below:

A. It is unlawful for a host to allow a parcel of property that the host owns, possesses, or controls to be used in a manner prohibited by Section

9.40.020, whether the violation is caused by the host or by any other person.

C. Notwithstanding the prohibitions in subsections (A) and (B) above, the provisions of this section shall not apply to a host who initiates contact with law enforcement or fire officials to assist in removing any person from the property or terminating the activity in order to comply with this chapter, if the request for assistance is made before any other person contacts law 125
enforcement or fire officials to complain about the violation of this chapter, is not in violation of this chapter.

D. Section 9.40.060 of the prior code is hereby amended, renumbered, and restated as Section 9.40.070, as set forth below:

Section 3. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.

Section 4. Publication. This ordinance shall be published once in a newspaper of general circulation of the City of Livermore within fifteen days after its adoption.

Section 5. Effective date. This Ordinance shall take effect 30 days after its adoption.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on May 8, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________________
Mayor, City of Livermore
126
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Katherine Mirassou______ Marie Weber Katherine Mirassou
City Clerk Deputy City Attorney
127

CITY COUNCIL STAFF REPORT
ITEM NO. 10.1

DATE:

May
8, 2023
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Supplemental materials received prior to the meeting.

RECOMMENDED ACTION

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

3.2 Proclamation declaring May 21-27, 2023, as Public Works Week in the City of Livermore presented to Scott Lanphier, City of Livermore Public Works Director.

Material: Revised Proclamation

3.3 Confirmation of Advisory Body appointments to the Beautification Committee, Commission for the Arts, and the Library Board of Trustees, and direct the City Clerk to administer the oath of office.

Material: PowerPoint Presentation

5.2 Waive the first reading and Introduce an Ordinance considering modifications to Livermore Municipal Code Section 2.40.030 Eligibility, clarifying the ability of members to serve on one standing or ad hoc advisory body at any time.

Materials: Revised Ordinance and Memo

Material: Corrected Attachment 1

Material: PowerPoint Presentation
128

6.2 Hearing to introduce an ordinance amending Livermore Municipal Code (LMC) Chapter 9.40 - Fireworks, to include additional prohibitions and penalties related to the sale, possession, and use of fireworks.

Material: PowerPoint Presentation

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

Material: Council Reports

DISCUSSION

ATTACHMENTS

1. Supplemental Materials

Prepared by: Debbie Elam
Acting Assistant City Clerk

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
129
Jrnrlamafinu
of the
City of Livermore
Proclaiming
May 21-27, 2023
National Public Works Week
WHEREAS, the Public Works Department is an integral part of our City and our residents' everyday lives; and
WHEREAS, the Public Works Department encompasses Water, Sewer, Streets, Lighting, Landscaping, Fleet, Facilities, Solid Waste and Recyclables Collection, Asset Management, and Airport Operations; and
WHEREAS, the health, safety and corrifort of Livermore residents depends on the efforts and skills of the Public Works Employees; and
WHEREAS, The American Public Works Association has declared the week of May 21-27, 2023 as National Public Works Week, in recognition of the importance of the hard work and dedication of Public Works employees; and
WHEREAS, the theme.for National Public Works Week 2023 is "Connecting the World through Public Works" which highlights the way public works professionals connect us physically through infrastructure and inspirationally through service to their communities; and NOW, THEREFORE, the City Council of the City of Livermore hereby proclaims the week of May 21-27, 2023 as Public Works Week in the City of Livermore, and encourages residents to recognize the contributions that Public W arks staff make every day to our health, safety, comfort and quality of life.
��< ayorJohnM�d Vice Mayor Brittni Kiick
k- �
Council Member Ben Barrientos
Item 3.2
Revised Proclamation
130
1 Confirmation of Advisory Body Appointments
May 8, 2023
Presented by Debbie Elam, Acting Assistant City Clerk
Beautification Committee
Reappointment of the following to a regular term ending June 1, 2027 •Karen Jefferson
Commission for the Arts
Appointment of the following to unexpired terms ending January 1, 2025 •Laurence E. Milder
•Rajagopal R. Kowligi
•Natalia Custodio
Library Board of Trustees
Appointment of the following to regular terms ending June 1, 2026 •Michelle Ornat
•Nancy Olaverrieta
1 2
Item 3.3
PowerPoint Presentation
131

SUPPLEMENTAL MEMO
Date: May 8, 2023
To
: Mayor Marchand and City Council Members
F
rom: Marie Weber
Deputy City Manager/City Clerk
S
ubject: Revised Materials for Item 5.2 – Clarifying the ability of advisory body members to serve on one standing or ad hoc committee at any time.

A
ttached is the updated Ordinance for this item. The addition on Section 6 clarifies that the ordinance is not intended to change the existing membership of any advisory body whose members were appointed prior to the effective date for this ordinance. The limitations in the ordinance are to be applied to all advisory body appointments made after the ordinance takes effect.

Item 5.2
Revised Ordinance
132

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A
N ORDINANCE AMENDING SECTION 2.40.030 ELIGIBILITY IN CHAPTER 2.40 ADVISORY BODIES IN TITLE 2 ADMINISTRATION AND PERSONNEL IN THE

LIVERMORE MUNICIPAL CODE TO CLARIFY THE ABILITY OF ADVISORY

BODY MEMBERS TO SERVE ON ONE STANDING OR AD HOC

ADVISORY BODY AT ANY ONE TIME
NO

W, THE REFORE, T HE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:

S
ection 1. Amendment. Section 2.40.030 Eligibility of the Livermore Municipal Code is amended an d restated as set forth b elow. The deletion s are shown using a strikethrough, and the added language is shown with an underline, but the stricken language and underlines themselves shall not be codified in the Municipal Code, which publication shall only reflect the final language.

2. 40.030 Eligibility
All advisory body members must be residents of the City of Livermore unless otherwise noted. An advisory body member shall only serve on a single advisory body or ad hoc advisory body at any given time. If an existing adv isory body member is appointed to a new advisory body , they immediately resign from the existing position upon a new appointment by the City Council . The City Council or state or federal law may establish additional requirements.

Section 2. Environmental. The passage of this ordinance is not a projec t according to the definition in the California Environmental Quality Act and, t herefore, is not subject to the provisions requiring environmental review.

S
ection 3. Severability. If any par t of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.

S
ection 4. Publication. T his o rdinance shall be published once in a newspaper of general circulation of the Ci ty of Livermore within fifteen d ays after its adoption.

S
ection 5. Effective date. This Ordinance shall take effect 30 days after i ts adoption.

S
ection 6. Application. The ordinanc e is not intended to change the existing membership of any advisory body whose members were appointed prior to the effec tive date for this ordinance. The limitations in the ordinance are to be applied to all advisory body appointments made after the ordinance takes effect.

Item 5.2
Revised Ordinance
133
The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on May 8, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

The ordinance was adopted at the regular meeting of the City Counc il held on May 22, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

________________________________
Mayor, City of Livermore

ATTEST: APPROVED AS TO FORM:

___________________________ /s/ Jason Alcala
Marie Weber, City Clerk Jason Alcala, City Attorney
Item 5.2
Revised Ordinance
134
Item 5.3
Corrected Attachment 1
C
135
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Item 5.3
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1 Livermore Sanitation Rate Adjustment
May 8, 2023
Presented by Judy Erlandson, Public Works Manager
LSI Franchise Agreement
• Livermore Sanitation, Inc. (LSI ) began serving the City of Livermore in July 2010 after a competitive selection process.
• In April 2020, the City Counc il approved The Third Amended and Restated Agreement with LSI for Solid Waste, Recyclable Materials, and Compostable Materials Services (Franchise Agreement), extending the contract term by a minimum 10 years.
• The City’s role in approving any rate adjustment is to determine that the rate adjustment is consistent with the methodology as identified in the Franchise Agreement.
• LSI is required to notify custom ers of any rate adjustment 30 days prior to the effective date of the increase.
1 2
Item 6.1
PowerPoint Presention
168
2 LSI Franchise Agreement
• In most cases, rate adjustments occur every year using an index- based methodology or a cost-based review.
•
For this upcoming Rate Year 14 (FY 23-24) an index-based methodology was
used.
• The index-based methodology is described by Section 8 and Exhibit
I of the Franchise Agreement.

LSI Franchise Agreement
• The index-based methodology utilizes vari ous cost adjustment factors such as the
percentage change in the consumer price index and percentage change in the disposal fees.
•
The indices used are:
• CPI-U – the Consumer Price Index, All Urban Consumers for the San Francisco-Oakland-Hay
ward Metropolitan Area.
• CPI-W - the Consumer Price Index, Urban Wage Earners for the San Francisco-Oakland-Hay
ward Metropolitan Area.
• CNG Fuel Pricing Index – the per-term price for Natural Gas Service for
Compression on Customer’s Premises compiled by PG&E.
• Motor Vehicle Maintenance and Repair Index – the Consumer Price Index,
All Urban Consumers, Motor Vehicle Maintenance and Repair. • These indices are applied to certain categories of costs, and in some cases are capped.

For example, unionized labor is paid per the terms of their bargaining agreement.

However, increases allowed by the Franchise
Agreement
are capped at 7%.
3 4
Item 6.1
PowerPoint Presention
169
3 LSI Historical Cost Adjustments*
NotesCNG Fuel
Pricing Index
Motor Vehicle
IndexCPI-WCPI-U
Overall
Percent
Increase
Annual
Adjustment

39.8%2%3.14%3.32%3.19%Rate Year 9
(FY 18-19)

17.7%3.68%3.74%3%4.01%Rate Year 10
(FY 19-20)
Effective 1/1/21
two-year rates
approved 4/27/2

12.6%3.24%3.3%3.49%1% Rate Year 11
(FY 20-21)
No rate application n/an/an/an/a1% Rate Year 12
(FY 21-22)

17.7%3.68%3.74%3%0.58%Rate Year 13
(FY 22-23)
Proposed47.5%7.09%6.42%5.49%5.88%Rate Year 14
(FY 23-24)
*Cost adjustments may differ based on customer category (e.g. residential cart customers) as overall increases were applied differently in some years.

Rate Year 14 Rate Adjustment
• Per the terms of the Franchise Agreement, a rate application was submitted
in December 2022; LSI initially requested a 7.23%
increase.
•
After staff review, it was determined that a 5.88% increase was warranted.
•
A 5.88% increase is consistent with recent inflation statistics and is
also somewhat less than other area jurisdictions have
approved or are
considering.
• The City of San Ramon rais ed rates nearly 10% effective January 1, 2023; and
•
The City of Pleasanton is estimating that their increase beginning July
1, 2023 could be as high as 8%.
5 6
Item 6.1
PowerPoint Presention
170
4 Rate Year 14 Rate Adjustment
• The cost increase is mainly due to:
• Increase in union labor (Teamsters)
• Increase in Compressed Natural Gas costs
• Decrease in Recyclable Materials revenues
• Staff recommends that the City Council approve an increase to
rates for all
customers by 5.88%.

Rate Year 14 Proposed Adjustment
Residential Cart
Subscriptions
March 2023
Proposed Increase

5.88% on all cart customers
PercentNumberIncrease $
Proposed
Monthly Rate
effective
July 1, 2023
Current
Monthly
Rate
35%9,258$1.82 $32.76 $30.94 20-gallon
containers
46%12,304$2.39 $43.02 $40.63 32-gallon
containers
17%4,528$3.55 $63.91 $60.36 64-gallon
containers
2%601$5.54 $99.80 $94.26 96-gallon
containers
7 8
Item 6.1
PowerPoint Presention
171
5 Questions?
9 Item 6.1
PowerPoint Presention
172
1 Fireworks Ordinance Amendment
May 8, 2023
Presented by Robert Lanam, Police Sergeant
The Current Fireworks Ordinance
• The possession, use, or sale of fi reworks is prohibited (with limited exceptions).
• Violations may incur fines up to $500.
• 2022 Total Fireworks Complaints - 298
• 2022 Number of Firewo rks Citations Issued - 0
• The current ordinance requires personal observation in order to issue a citation.
• Generally, when officers arrive to in vestigate a fireworks complaint, the violators conceal their behavior or leave the area.
1 2
Item 6.2
PowerPoint Presentation
173
2 • A Social Host Amendment would allow a citation to be issued to a person who is in charge of a gathering where fireworks are used. This relieves officers of the challenge related to proving who the individual was who used a
firework.
• Penalties would remain the same.
• Adding the ability to handle viol ations as administrative actions vs. criminal actions relieves officers from the challenge of personally observing the violation and it shifts the burden of proof to a slightly lower standard.
• Holding hosts accountable for t he actions of their guests is expected to discourage hosts from allowing unlawful
behavior.

Proposed Amendments
• The police department has been in regular communication with some concerned community members who provided
input on the proposed changes.
• If the ordinance is adopted by Council, LPD will educate the public about the changes via social media.
• In addition to information about the ordinance amendment, LPD will continue to message the public about the dangers associated with unauthorized fireworks.

Public Outreach
3 4
Item 6.2
PowerPoint Presentation
174
3 Staff Recommendation
• Staff recommends City Counc il introduce an ordinance amending Livermore Municipal Code Chapter 9.40 (Fireworks) to add a social hosting provision and administrative fines and penalties.

Questions?
5 6
Item 6.2
PowerPoint Presentation
175
Council Member
Date of
Meeting or
Event
Committee or
Organization
Meeting or Event Type (ex. board
meeting or ribbon cutting) Summary of Meeting or Event
Mayor Marchand 4/25/2023
Tri‐Valley Water Liaison
Meeting Roundtable Update on water supply for the region.

Mayor Marchand 4/25/2023
City of Livermore Poet
Laureate Recognition Presented the awards to the Poer=try in a Test Tube program.

Mayor Marchand 4/26/2023
Chamber of Commerce Board meeting Update on Chamber activities Mayor Marchand 4/27/2023 City of Livermore Arbor Day Celebration Planted a tree in Springtown open space.

Mayor Marchand 4/27/2023
Alameda County
Transportation
Commission Meeting of the entire Commission Deliberated and voted on Commission actions Mayor Marchand 4/28/2023 City of Livermore Presentation Spoke to Christensen Middle School class Mayor Marchand 5/1/2023 Daybreak labs Tour
Toured the new facilities and talked with several of the entrepreneurs.

Mayor Marchand 5/1/2023
Tri‐Valley Council Meeting and legislative agenda review Reviewed proposed legislation and prepared the agenda for the upcoming Tri‐Valley Council meeting
Mayor Marchand 5/1/2023 LAVTA Board meeting Alternate for CM Kiick.

Mayor Marchand 5/2/2023 Chamber of Commerce Ribbon cutting Welcomed new business TeaZenTea.

Mayor Marchand 5/3/2023
Chamber of Commerce
Business Alliance Meeting of business leaders.

Presented an update on City activities, and heard an update on water supply from Zone 7 and Cal Water.

Mayor Marchand 5/3/2023
Girl Scouts Meeting Received a group of Girl Scouts from Troop 31028 Mayor Marchand 5/4/2023 Innovation Tri‐Valley Program Attended the Dreammakers Risktakers program.

Mayor Marchand 5/6/2023 City of Livermore Community Service Day Joined several hundred volunteers to plant shrubs, paint and spread mulch to keep Livermore a great place to be.

Mayor Marchand 5/8/2023
LLNL
Attended an event celebrating the
achievement of Fusion Ignition at LLNL Celebration of this "Prometheus Moment".

Item 8.0
Council Reports
176
Council Member
Date of
Meeting or
Event
Committee or
Organization
Meeting or Event Type (ex. board
meeting or ribbon cutting) Summary of Meeting or Event
Council Member Barrientos 4/29/2023 Committee of two Graffiti Removal My son Jacob and I removed 20 + tags/graffiti around the Garaventa/Altamont Elementary School
Council Member Barrientos 5/1/2023
Livermore Area Youth
Advisory Committee LAYAC Regular Mtg
Major discussion about an up coming Livermore Youth Climate Summit in September
Council Member Barrientos 5/6/2023
LARPD Community Service Day
Helped dig 58 holes to plant 58 plants(native to CA) then spread mulch in Springtown. Drove to the Haggeman Ranch to do some painting.

Item 8.0
Council Reports
177
Council Member
Date of
Meeting or
Event
Committee or
Organization
Meeting or Event Type (ex. board
meeting or ribbon cutting) Summary of Meeting or Event
Council Member Branning 5/1/2023 LAVTA Board Meeting Approval of Budget FY 24, discussion on behavior.

Council Member Branning 5/6/2023 LARPD Community Service Day Council Member Branning 5/6/2023 Spectrum Show Your Love Fundraiser dinner Item 8.0
Council Reports
178
Council Member
Date of
Meeting or
Event
Committee or
Organization
Meeting or Event Type (ex. board
meeting or ribbon cutting)
Council Member Carling 4/26/2023 StopWaste Board meeting Council Member Carling 4/27/2023 Arbor Day Tree Planting Council Member Carling 5/1/2023 Daybreak Labs tour of facility Council Member Carling 5/4/2023 Innovation Tri‐Valley
Dreammakers and Risk Takers awards
ceremony
Council Member Carling 5/6/2023 Community service day
Item 8.0
Council Reports
179

Livermore City CouncilMay 8, 2023

Livermore City Council
May 8, 2023