Agenda packet — Livermore City Council, May 22, 2023 (part 1 of 7)

CITY COUNCIL
AGENDA
MONDAY, MAY 22, 2023
REGULAR HYBRID MEETING – 7:00 PM
CLOSED SESSION 6:30 PM

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

CIVIC CENTER MEETING HALL

CITY COUNCIL CHAMBERS
1016 S. LIVERMORE AVENUE
TELECONFERENCE INFORMATION:

ZOOM WEBINAR:
https://us02web.zoom.us/j/84503444981
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 845 0344 4981
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
TV29:

Comcast TV Channel 29
tv29.org
John P Marchand, Mayor
Brittni Kiick, Vice Mayor
Ben Barrientos, Council Member
Evan Branning, Council Member
Robert W Carling, Council Member
Livermore City Council Agenda May 22, 2023
1 1. CLOSED SESSION
Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
Note: This Closed Session my be continued to the end of the Regular Meeting.

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

Lem v. City of Livermore, Alameda County Superior Court Case No. 22CV005384

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation declaring June 2023 as Safety Awareness Month presented to Risk Manager Janet Hamilton.

Recommendation:

Staff recommends City Council declare June 2023 as Safety Awareness Month.

Staff Report
Attachments:

1. Proclamation

3.2 Proclamation declaring May 2023 as Jewish American Heritage Month, presented to Rabbi Larry Milder of Congregation Beth Emek.

Recommendation:

Staff recommends City Council declare May 2023 as Jewish American Heritage Month.

Staff Report
Attachments:

1. Proclamation

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

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION
Livermore City Council Agenda May 22, 2023
2 4. OPEN FORUM
In conformance with the Brown Act, no City Council action can occur on items presented during Open Forum.

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

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

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

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

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

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

5.1 Adopt 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. Ordinance

5.2 Adopt an Ordinance amending Livermore Municipal Code (LMC) Chapter 9.40 - Fireworks.

Recommendation:

Staff recommends the City Council adopt an ordinance amending Livermore Municipal Code (LMC) Chapter 9.40- Fireworks to add a social hosting provision and to allow for administrative fines and penalties for violations of the chapter.

Staff Report
Attachments:

1. Amended and Restated Chapter 9.40- Fireworks

2. Ordinance
Livermore City Council Agenda May 22, 2023
3 5.3 Resolution authorizing the execution of an amendment with SNF Polydyne, Inc. increasing the not-to-exceed amount by $263,000 to $1,270,000 and extending the term by three months for the supply of liquid polymer used at the Water Treatment Plant to reduce moisture content in biosolids before disposal.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the execution of an amendment to the agreement with SNF Polydyne, Inc. for the supply of liquid polymer to increase the not-to-exceed amount by $263,000 to $1,270,000 and extending the term by three months. Liquid polymer is used at the Water Treatment Plant to reduce moisture content in biosolids before disposal.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - SNF Polydyne Inc. Agreement

5.4 Resolution authorizing the execution of an agreement for services with Hasa, Inc., for the supply and delivery of sodium hypochlorite 12.5% for use at the Water Reclamation Plant, in an amount not-to-exceed $470,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the execution of an agreement for services with Hasa, Inc., for the supply and delivery of sodium hypochlorite

12.5% for use at the Water Reclamation Plant, in an amount not-to-exceed $470,000.

Staff Report
Attachments:

1. BACC Award Letter

2. Resolution

3. Exhibit A - Hasa Inc. Agreement

5.5 Resolution authorizing execution of Cooperative Agreement 04-04-2902 with California Department of Transportation for the Vasco Road/I-580 Interchange Improvements, Project No. 1993-52, Caltrans Project No. 0421000075, for the project approval and environmental document phase.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute Cooperative Agreement 04-04-2902 with California Department of Transportation (Caltrans) for the Vasco Road/I-580 Interchange Improvements, Project No. 1993-52, Caltrans Project No. 0421000075, for the project approval and environmental document phase.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Vasco IC PA ED Coop Agreement
Livermore City Council Agenda May 22, 2023
4 5.6 Resolution authorizing the execution of Project and Program Grant Agreements with Livermore Valley Arts DBA Livermore Valley Performing Arts Center, Pacific Chamber Orchestra and SPARC Theater, consistent with the City's Public Art Policy.

Recommendation:

The Commission for the Arts and staff recommend the City Council adopt a resolution approving the applications and authorizing the execution of the following Project and Program Grant Agreements:

1. Livermore Valley Arts DBA Livermore Valley Performing Arts Center, in the amount of $8,000 for the 21st Annual ArtWalk Livermore

2. Pacific Chamber Orchestra, in the amount of $10,000 for Educational Programs "Discover Music"

3. SPARC Theater, in the amount of $10,000 for lighting equipment for an outdoor theater for the 2023 Summer Season
Staff Report
Attachments:

1. Resolution

2. Exhibit A - Livermore Valley Arts DBA Livermore Valley Performing Arts Center Agreement

3. Exhibit B - Pacific Chamber Orchestra Agreement

4. Exhibit C - SPARC Theater Agreement

5.7 Resolution of intention to levy annual assessments for the Landscape Maintenance Districts for Fiscal Year 2023-24, preliminarily approve the Consolidated Annual Engineer's Report, and establish a public hearing date for the annual levy of assessments.

Recommendation:

Staff recommends the City Council:

1. Preliminarily approve the Consolidated Annual Engineer's Report for all City Landscape Maintenance Districts.

2. Adopt a Resolution of Intention to:
a. Levy and collect annual landscape maintenance assessments for all Districts formed under the Landscaping and Lighting Act of 1972; and b. Establish a Public Hearing for June 26, 2023 for the levy of assessments for Fiscal Year 2023-24.

Staff Report
Attachments:

1. Proposed Assessments for Districts for FY 2023-24

2. Proposed Assessments for DTLMD LL-859 for FY 2023-24

3. FY 2324 Consolidated Engineer's Report

4. Resolution

5.8 Resolution authorizing an agreement with Axon Enterprises Inc. for unmanned aerial systems (UAS, AKA "drone") hardware, software, and related services. In an amount not-to-exceed $131,262.

Recommendation:

Livermore City Council Agenda May 22, 2023
5 Staff recommends City Council adopt a resolution authorizing an agreement with Axon Enterprises Inc., for unmanned aerial systems (UAS, AKA "drone") hardware, software, and related services for a 5-year term, in an amount not-to-exceed $131,262.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Axon Enterprises Inc Agreement

6. PUBLIC HEARINGS
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).

6.1 Hearing to consider a request for Vesting Tentative Tract Map (VTTM) 8657 – Subdivision (SUB) 22-005 and Site Plan Design Review (SPDR) 22-003 for 172 for-sale condominium units at the northeast corner of North Canyons Parkway and Triad Place.

Recommendation:

The Planning Commission and staff recommend the City Council:

1. Adopt a Resolution finding that the project is exempt under the California Environmental Quality Act, in accordance with California Government Code Section 65457 and CEQA Guidelines Section 15182 (c), Projects Pursuant to a Specific Plan, and California Public Resources Code Section 21083.3 and as a separate and independent basis, CEQA Guidelines Section 15183, Projects Consistent with a Community Plan, General Plan, or Zoning; and

2. Adopt a Resolution approving Vesting Tentative Tract Map (VTTM) 8657 – Subdivision (SUB) 22-005 and Site Plan Design Review (SPDR) 22-003, subject to the attached Conditions of Approval.

Staff Report
Attachments:

1. Staff Analysis

2. Location Map

3. Development Plans

4. Draft Planning Commission Meeting Minutes

5. Public Comments

6. CEQA Resolution

7. Exhibit A - PC Reso 10-23

8. Project Resolution

9. Exhibit A - PC Reso 11-23

10. Exhibit B - Conditions of Approval

6.2 Hearing to consider rescission of Site Plan Design Review (SPDR) 19-004 and Conditional Use Permit (CUP)19-006 for the Wine Country Inn; an Addendum to the 1997 South Livermore Valley Specific Plan Environmental Impact Report (State Clearinghouse No. 1996052025); Specific Plan Amendment (SPPA) 23-001 to amend the South Livermore Valley Specific Plan (Specific Plan) to clarify a 50-foot setback area from Hansen Road; Site Plan Livermore City Council Agenda May 22, 2023
6 Design Review 23-001 and Conditional Use Permit 23-002 for the development of commercial site 5D2 (Wine Country Inn) at the southwest corner of Arroyo Road and Hansen Road.

Recommendation:

The Planning Commission and staff recommend that the City Council take two actions:

1. Adopt a resolution rescinding Site Plan Design Review (SPDR) 19-004 and Conditional Use Permit (CUP) 19-006 for the Livermore Wine Country Inn;

2. Adopt Resolutions:
a. Adopting an Addendum to the 1997 South Livermore Valley Specific Plan Environmental Impact Report (State Clearinghouse No. 1996052025); and b. Approving Specific Plan Amendment (SPPA) 23-001, Site Plan Design Review (SPDR) 23-001 and Conditional Use Permit (CUP) 23-002 for the Livermore Wine Country Inn.

Staff Report
Attachments:

1. Staff Analysis

2. Location Map

3. PC - Minutes

4. Resolution - Rescinding Previous Entitlements

5. Exhibit A - City Council Resolution 2010-010 and Planning Commission Resolution 26-19

6. Public Comment

7. Zoning Standards (PUDA) 01-001

8. Specific Plan Subareas

9. Development Plans

10. Elevation Rendering

11. Conference Room Purpose Letter

12. Applicant's Statement

13. Electric Kitchen Equipment Exemption

14. Traffic Impact Study

15. Entrance Feasibility Study

16. Staff Memo - Arroyo Road Entry

17. Resolution - CEQA

18. Exhibit A - PC Resolution

19. Exhibit B - Addendum

20. Resolution - Project Approval

21. Exhibit A - PC Resolution

22. Exhibit B - Specific Plan Text Amendments

23. Exhibit C - Conditions of Approval

24. Specific Plan EIR

25. South Livermore Valley Specific Plan

7. MATTERS FOR CONSIDERATION - NONE.

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY Livermore City Council Agenda May 22, 2023
7 MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS

9. ADJOURNMENT
To a Regular City Council meeting on Monday, June 12, 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

10.2 Supplemental materials received at the meeting.

Staff Report
Attachments:

1. Items Received at the Meeting

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:

Livermore City Council Agenda May 22, 2023
8 Email Comments may be submitted by the public to the City Clerk’s Office ([email protected]). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record.
eComments may be submitted by the public using the eComment link here. Comments may be up to 1000 characters in length and will be accepted up until 4:00 pm the day of the meeting. These items will NOT be read into the record and are viewable by the City Council and the public upon submittal.

Submission of Comments During the Meeting:

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

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

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

TV29: tv29live.org Comcast Cable 29
YouTube: http://youtube.com/c/CityofLivermoreCalifornia Zoom Webinar: https://us02web.zoom.us/j/84503444981
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 0344 4981
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, Livermore City Council Agenda May 22, 2023
9 http://LivermoreCA.gov/agenda.

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

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

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

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

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

Livermore City Council Agenda May 22, 2023
10 CITY COUNCIL STAFF REPORT ITEM NO. 3.1
DATE: May 22, 2023
TO: Honorable Mayor and City Council
FROM: Jason Alcala, City Attorney
SUBJECT: Proclamation declaring June 2023 as Safety Awareness Month presented to Risk Manager Janet Hamilton.

RECOMMENDED ACTION
Staff recommends City Council declare June 2023 as Safety Awareness Month.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation
Prepared by: Janet Hamilton
Risk Manager
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
11 Jrn:clamafinn
of the
City of Livermore
Proclaiming

SAFETY AWARENESS MONTH
June 2023
WHEREAS, the rate of accidental injuries and related deaths, as well as pandemicrelated illnesses and deaths, in the United States, remains at undesirable levels; and WHEREAS, City of Livermore employees and residents deserve to live and work in communities that promote safe and healthy living; and
WHEREAS, the City of Livermore supports national safety efforts and has taken a proactive stance in providing a safe and healthy work environment for its employees and residents through the formation of the Central Safety Committee and through the development of new safety protocols; and
WHEREAS, City of Livermore employees, including members of the Central Safety Committee, work to ensure the safety of all City of Livermore employees and residents by providing training, education, and outreach, encouraging continual improvement in community and workplace safety and health; and
WHEREAS, the Livermore City Council joins the members of the National Safety Council and other organizations in their annual observance of June as National Safety Month; and
NOW, THEREFORE, the City Council of the City of Livermore proclaims June 2023 as Safety Awareness Month and urges all residents to help reduce accidents, injuries, and illnesses by pra�
ticing safe and healthy behaviors in all aspects of their lives.

Vice Mayor Brittni Kiick
Council Member Ben Barrientos
��---
Council Member Evan Branning
ATTACHMENT 1
12 CITY COUNCIL STAFF REPORT ITEM NO. 3.2
DATE: May 22, 2023
TO: Honorable Mayor and City Council
FROM: Marianna Marysheva, City Manager
SUBJECT: Proclamation declaring May 2023 as Jewish American Heritage Month, presented to Rabbi Larry Milder of Congregation Beth Emek.

RECOMMENDED ACTION
Staff recommends City Council declare May 2023 as Jewish American Heritage Month.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation
Prepared by: Stephanie Egidio
Assistant to the City Manager
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
13 Jrn:clamafinn
of the
City of Livermore
Declaring
Jewish American Heritage Month

WHEREAS,
May2023
Jewish Americans have been an important part of the American story and have greatly contributed to all areas of American life and culture since our nation's earliest days; and WHERESAS, on April 20, 2006, the Federal Government proclaimed May as Jewish American Heritage Month, stating, "As a nation of immigrants, the United States is better and stronger because Jewish people

WHEREAS,
from all over the world have chosen to become American citizens"; and generations of Jews have fled to the United States in search of a better life for themselves and their families, and these immigrants made invaluable contributions in support of equality and civil rights through their leadership and achievements; and
WHEREAS, Jewish Americans continue to enrich every part of American life as educators and entrepreneurs, .athletes and artists, scientists and entertainers, public officials and activists, labor and community leaders, diplomats and military service members, public health heroes, and more; and WHEREAS, Jewish Americans are racially, ethnically, socially, politically, and economically diverse, with

WHEREAS,
approximately twelve to fifteen percent of Jews in the United States being individuals of color; and the City of Livermore recognizes the rich and diverse heritage of the Jewish American community and is enriched by the cultural contributions of local Jewish institutions and synagogues; NOW THEREFORE, the City Council of the City of Livermore declares the month of May 2023 as Jewish American Heritage Month in appreciation of the achievements and contributions made by members of the Jewish community and calls upon all residents to celebrate Jewish Americans whose contributions are woven into the fabric of our country and community. ��Marchand :&z'-k Vi�iick
Council
� �
Member Ben Barrientos
ember Evan Branning
Council Member R�b�U,g
ATTACHMENT 1
14 CITY COUNCIL STAFF REPORT ITEM NO. 5.1
DATE: May 22, 2023
TO: Honorable Mayor and City Council
FROM: Marianna Marysheva, City Manager
SUBJECT: Adopt 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
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.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Ordinance
Prepared by: Marie Weber
Deputy City Manager/City Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
15 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 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.

Section 6. Application. 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. 16 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 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
17 CITY COUNCIL STAFF REPORT ITEM NO. 5.2
DATE: May 22, 2023
TO: Honorable Mayor and City Council
FROM: Jeramy Young, Police Chief
SUBJECT: Adopt an Ordinance amending Livermore Municipal Code (LMC) Chapter 9.40 - Fireworks.

RECOMMENDED ACTION
Staff recommends the City Council adopt an ordinance amending Livermore Municipal Code (LMC) Chapter 9.40- Fireworks to add a social hosting provision and to allow for administrative fines and penalties for violations of the chapter.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Amended and Restated Chapter 9.40- Fireworks

2. Ordinance
Prepared by: Jason Boberg
Police Captain
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
18 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 combustible 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
19 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
20 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
21 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.

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 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/ Katherine Mirassou______ Marie Weber Katherine Mirassou
City Clerk Deputy City Attorney
23 CITY COUNCIL STAFF REPORT ITEM NO. 5.3
DATE: May 22, 2023
TO: Honorable Mayor and City Council
FROM: Scott Lanphier, Public Works Director
SUBJECT: Resolution authorizing the execution of an amendment with SNF Polydyne, Inc. increasing the not-to-exceed amount by $263,000 to $1,270,000 and extending the term by three months for the supply of liquid polymer used at the Water Treatment Plant to reduce moisture content in biosolids before disposal.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the execution of an amendment to the agreement with SNF Polydyne, Inc. for the supply of liquid polymer to increase the not-to-exceed amount by $263,000 to $1,270,000 and extending the term by three months. Liquid polymer is used at the Water Treatment Plant to reduce moisture content in biosolids before disposal.

SUMMARY
On May 8, 2019, City Council authorized the City Manager to execute an Agreement with SNF Polydyne, Inc. for the supply of liquid polymer with a not-to-exceed amount of $440,000, in addition to the option of executing two one-year extensions by mutual written agreement between the parties. Both options to extend the term of the original agreement have been exercised. The first amendment increased the notto-exceed limit in the amount of $242,000 and the second amendment increased it by an additional $325,000 to the current not-to-exceed amount of $1,007,000. Liquid polymer is used at the Water Treatment Plant to reduce moisture content in biosolids before disposal.

DISCUSSION
The Livermore Water Reclamation Plant (WRP) uses a cationic polymer to dewater biosolids prior to disposal. This chemical is injected into the digested sludge just before running it through a belt press to aid in removing water. This helps reduce the total weight which lowers the cost of transporting the biosolids to farms or landfills. For the past four years, the City has contracted with SNF Polydyne, Inc. for the supply of one such polymer. Since the execution of the original Agreement, both of the two one-year options to extend have been exercised. The second one-year extension is scheduled to expire at the end of the current fiscal year on June 30, 2023. Extending the Agreement for three additional months will 24 provide flexibility for staff to prepare and initiate a new public bidding process to replace the current agreement while ensuring continuity of the liquid polymer supply necessary for wastewater treatment.

Upon approval, the extended term of the current Agreement will end on September 30, 2023.

FISCAL AND ADMINISTRATIVE IMPACTS
This amendment necessitates increasing the not-to-exceed limit by $263,000 revising the limit to $1,270,000. Funding for this action is included in both the current FY 2022-23 operating budget and the proposed budget for FY 2023-24 in the Sewer Enterprise Fund (230). There will be no additional fiscal or administrative impacts resulting from the approval of this action.

COMMUNITY PILLAR

1. A Safe Community That Thrives
GOAL

11. Operate and maintain a municipal water system that provides safe, efficient delivery of potable water, collects wastewater, and complies with all federal, state, and local regulations.

ATTACHMENTS

1. Resolution

2. Exhibit A - SNF Polydyne Inc. Agreement
Prepared by: Laura Mayate-DeAndreis
Management Analyst II
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
25 IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO THE AGREEMENT FOR SERVICES WITH SNF POLYDYNE, INC. INCREASING THE NOT-TO-EXCEED AMOUNT TO $1,270,000 AND EXTENDING THE TERM OF THE

AGREEMENT
The City of Livermore (“City”) Water Reclamation Plant requires the use of liquid polymer in order to dewater digested sludge prior to transport to a landfill or land application.

On May 8, 2019, the City entered into an agreement with SNF Polydyne, Inc., to provide liquid polymer supply and delivery services with two one-year options to extend the term of the agreement with a not-to-exceed amount of $440,000.

On April 12, 2021, the Original Agreement was amended to extend the term to a second year and increase the not-to-exceed amount to $682,000.

On March 30, 2022, City and Contractor amended the Agreement to extend the term to a third year and increase the not-to-exceed amount to $1,007,000.

City and Contractor desire to amend the Original Agreement and the Second Amendment to extend the term for an additional three months and add $263,000 to increase the total not-to-exceed amount to $1,270,000. This is the third amendment to the Original Agreement.

This amendment will allow staff sufficient time to undertake a new public procurement process for the supply of dewatering polymer and ensure continuity of operations during this time period.

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

1. Authorizes the execution of a third amendment to the Original Agreement with SNF Polydyne, Inc., attached hereto as exhibit A, extending the term to September 30, 2023; and

2. Authorizes to increase the not-to-exceed amount by $263,000 for a total notto-exceed amount of $1,270,000.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 22, 2023, by the following vote:
26 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 – Third Amendment to Agreement for Services
27

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THIRD AMENDMENT TO GENERAL SERVICES AGREEMENT
THIS THIRD AMENDMENT is made and entered into this day of , Polydyne, Inc.

RECITALS
On May 8, 2019, City and Contractor entered into an agreement for Contractor to provide dewatering and coagulant supply and delivery services to City (“Original Agreement). Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

On April 12, 2021, City and Contractor amended the Original Agreement to extend the term year and increase the original not-to-exceed amount from $440,000 to $682,000. This was the first amendment to the Original Agreement.

On March 30, 2022, City and Contractor amended the Original Agreement and the First Amendment to extend the term to a third year and increase the not-toexceed amount from $682,000 to $1,007,000. This was the second amendment to the Original Agreement.

City and Contractor desire to amend the Original Agreement and Second Amendment to extend the term for three months and increase the not-to exceed amount from $1,007,000 to $1,270,000. This is the third amendment to the Original Agreement.

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

The Original Agreement is amended as follows:

The not-to-exceed amount in Section 5(a) of the Original Agreement and Second Amendment is increased from $1,007,000 to $1,270,000.

B. Section 6 of the Original Agreement is amended to read as follows: The term of this Agreement commences on July 1, 2019, and terminates upon completion of Services or September 30, 2023, whichever occurs first. In the event that Contractor offers polymer to another governmental entity within a 100 mile radius of City at a lower price than set forth in this Agreement. Contractor shall notify City within 30 days of the lower price and provide polymer to City at the same lower price.

DocuSign Envelope ID: 21682C02-BBE1-44C0-93CE-31D8BC700ED7

EXHIBIT A
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C. Exhibit A to the original Agreement is replaced in its entirety by Exhibit A-2 to this Amendment.

2. These amendments are prospective and apply to the Services rendered by Contractor after execution of this Amendment. Unless otherwise stated herein, this Amendment does not relieve the parties of the terms and conditions of the Original Agreement as written and in effect at the time Services were rendered.

3. Except as amended above, the Original Agreement remains in full force and effect.
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Signatures and Attachment List of Next Page
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EXHIBIT A
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In concurrence and witness whereof, and in recognition of mutual consideration provided therefore, the parties have executed this Agreement effective on the date first written above.

CONTRACTOR: DATED:

By: Boyd Stanley
Title: Senior Vice President
CITY OF LIVERMORE: DATED:

Marianna Marysheva
City Manager
APPROVED AS TO FORM:

Assistant/City Attorney
APPROVED AS TO INSURANCE:

Risk Manager/Analyst
Attachments:

Exhibit A-2: Revised Scope of Work
DocuSign Envelope ID: 21682C02-BBE1-44C0-93CE-31D8BC700ED7 5/16/2023 | 7:48 AM PDT

EXHIBIT A
30

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Exhibit A-2

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

1. Supply and deliver CLARIFLOC WE-1196 dewatering polymer to the Livermore Water Reclamation Plant (WRP) located at 101 Jack London Boulevard in Livermore, California.

TERMS AND CONDITIONS

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

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

3. CONTRACTOR or representative must notify CITY staff upon reaching the WRP so that the CITY staff may verify the product being delivered.

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

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

6. CONTRACTOR or representative shall provide a weight tag to CITY for each delivery.

COMPENSATION

1. City shall compensate CONTRACTOR at the rate of $1.58 per wet pound.

2. Effective on July 1, 2023 CITY shall compensate CONTRACTOR at the rate of $1.91 per wet pound.

DocuSign Envelope ID: 21682C02-BBE1-44C0-93CE-31D8BC700ED7

EXHIBIT A
31 CITY COUNCIL STAFF REPORT ITEM NO. 5.4
DATE: May 22, 2023
TO: Honorable Mayor and City Council
FROM: Scott Lanphier, Public Works Director
SUBJECT: Resolution authorizing the execution of an agreement for services with Hasa, Inc., for the supply and delivery of sodium hypochlorite 12.5% for use at the Water Reclamation Plant, in an amount not-to-exceed $470,000.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the execution of an agreement for services with Hasa, Inc., for the supply and delivery of sodium hypochlorite 12.5% for use at the Water Reclamation Plant, in an amount not-to-exceed $470,000.

SUMMARY
Staff at the Water Reclamation Plant (WRP) are required by permits to disinfect all treated effluent and currently uses sodium hypochlorite for this purpose. Through a cooperative bidding process, Hasa, Inc., was determined to be the lowest bidder at $2.69, per gallon for FY 2023-24.

DISCUSSION
The WRP treats approximately 5.5 million gallons, per day of raw wastewater. In order to meet federal and state permit discharge limits, the WRP is required to disinfect all treated secondary effluent. This is accomplished through the addition of sodium hypochlorite to all treated effluent. The WRP uses approximately 155,000 gallons, per year.

Earlier this year, the City participated in the annual Bay Area Chemical Consortium's (BACC) competitive bidding process for the supply of sodium hypochlorite. 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. 13-2023 for competitive bidding for the supply of sodium hypochlorite (12.5% strength). Hasa, Inc., was selected as the lowest responsible bidder at $2.69, per 32 gallon. This represents a significant increase over the prior year's cost of $1.44, per gallon.

FISCAL AND ADMINISTRATIVE IMPACTS
The $470,000 not-to-exceed amount for the supply of sodium hypochlorite has been included in the proposed FY 2023-24 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. BACC Award Letter

2. Resolution

3. Exhibit A - Hasa Inc. Agreement
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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55 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR SERVICES WITH HASA, INC., FOR THE SUPPLY
OF SODIUM HYPOCHLORITE 12.5% FOR USE AT THE WATER
RECLAMATION PLANT, IN AN AMOUNT NOT-TO-EXCEED $470,000
The City of Livermore (“City”) requires the use of sodium hypochlorite at its Water Reclamation Plant to disinfect treated effluent. 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 Hasa, Inc. as the best value to provide sodium hypochlorite 12.5%. Hasa, 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 Hasa, Inc., attached hereto as Exhibit A, to provide supply and delivery of sodium hypochlorite 12.5% to the Water Reclamation Plant, in an amount not-toexceed $470,000.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 22, 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 – Hasa, Inc. Agreement for Services
56 Agreement for Services Page 1
Rev. 09.2021

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

RECITALS
City requires services to supply and deliver sodium hypochlorite (12.5%) 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 sodium hypochlorite (12.5%) 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;
DocuSign Envelope ID: BA588781-5D2C-4364-B5A2-BC21A970BEE1

EXHIBIT A
57 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 Operation 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.

DocuSign Envelope ID: BA588781-5D2C-4364-B5A2-BC21A970BEE1

EXHIBIT A
58 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 $470,000.00 ("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.

DocuSign Envelope ID: BA588781-5D2C-4364-B5A2-BC21A970BEE1

EXHIBIT A
59 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 DocuSign Envelope ID: BA588781-5D2C-4364-B5A2-BC21A970BEE1

EXHIBIT A
60 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 fiftypercent 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:

DocuSign Envelope ID: BA588781-5D2C-4364-B5A2-BC21A970BEE1

EXHIBIT A
61 Agreement for Services Page 6
Rev. 09.2021
TO CITY: Attention: Water Resources Manager
City of Livermore
1052 S Livermore Avenue
Livermore, California 94551
TO CONTRACTOR: Attention: Christopher D. Cornish
Hasa Inc.
23119 Drayton Street
Saugus, CA 91350

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

CONTRACTOR: Dated:
____________________________ ___________________________ By: Ken Ward
Title: CFO
CITY OF LIVERMORE: Dated:
____________________________ ____________________________ Marianna Marysheva
City Manager
APPROVED AS TO FORM:
___________________________
Assistant/City Attorney
APPROVED AS TO INSURANCE:
_______________________
Risk Manager/Analyst
Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements

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EXHIBIT A
63 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 delivery of Sodium Hypochlorite 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 $2.69 per gallon.

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EXHIBIT A
64 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.

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EXHIBIT A
65 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.

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EXHIBIT A
66 CITY COUNCIL STAFF REPORT ITEM NO. 5.5
DATE: May 22, 2023
TO: Honorable Mayor and City Council
FROM: Paul Spence, Community Development Director
SUBJECT: Resolution authorizing execution of Cooperative Agreement 04-04-2902 with California Department of Transportation for the Vasco Road/I-580 Interchange Improvements, Project No. 1993-52, Caltrans Project No. 0421000075, for the project approval and environmental document phase.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute Cooperative Agreement 04-04-2902 with California Department of Transportation (Caltrans) for the Vasco Road/I-580 Interchange Improvements, Project No. 1993-52, Caltrans Project No. 0421000075, for the project approval and environmental document phase.

SUMMARY
Improvements to the Vasco Road/I-580 Interchange, Project No. 1993-52, Caltrans Project No. 0421000075, will enhance operations and safety, mitigate future congestion and accommodate the future Valley Link transit system in the I-580 median. This project will consist of removal and replacement of the Vasco Road over-crossing with a wider bridge, reconstruction of the on- and off-ramps bridge structure, and new traffic signals. This project will provide additional traffic capacity and improve the over-crossing for more comfortable bicycle and pedestrian travel.

The first phase of this project, the Caltrans Project Initiation Document, is now complete and is being circulated for Caltrans signature. The next project milestone is preparation of the Project Approval and Environmental Document. The City must enter into a Cooperative Agreement with Caltrans to engage their participation in the Project Approval and Environmental Document development. This Cooperative Agreement between the City and Caltrans will allow Caltrans to provide necessary services for project review and approval as provided by California Government Code, Section 65086.5.

DISCUSSION
Vasco Road in the City of Livermore is a major commuter route that provides access to Contra Costa County north of I-580 and serves the Lawrence Livermore and Sandia National Laboratories, the 67 Altamont Commuter Express regional rail station, and surrounding residential neighborhoods and businesses. The Vasco Road/I-580 interchange currently experiences operational deficiencies resulting in significant traffic delays in the morning and afternoon commute peak hours.

Relieving local and regional congestion at this location has been a high priority for the City of Livermore and the Tri-Valley region. This project will reconstruct the I-580/Vasco Interchange to provide additional traffic capacity and improve the overcrossing for more comfortable bicycle and pedestrian travel.

In September 2020, the City awarded an agreement to BKF Engineers to provide professional services for the Vasco Road/I-580 Interchange, Project No. 1993-52. The first phase of the project was to prepare a Project Initiation Document in the form of a Project Study Report - Project Development Support.

Caltrans, as the owner/operator of the State Highway System, has jurisdiction over the interchange. All project documents must be prepared in accordance with Caltrans policies, directives, and procedures manuals. On February 25, 2021, the City entered into Cooperative Agreement No. 04-2810 with Caltrans for the preparation of the Project Initiation Document for the Vasco Road/I-580 Interchange, Project No. 1993-52. The Project Initiation Document is now complete, and it is being circulated for Caltrans signature.

The next project milestone is the preparation of the Project Approval and Environmental Document. The City must enter into a Cooperative Agreement with Caltrans to engage their participation in the Project Approval and Environmental Document development. This Cooperative Agreement between the City and Caltrans will allow Caltrans to provide necessary services for project review and approval as provided by California Government Code, Section 65086.5.

The Project Approval and Environmental Document are anticipated to be completed in FY 2024-25.

Right-of-way acquisition and utility relocation is anticipated to be completed in FY 2025-26. Final engineering and environmental permitting is anticipated to be completed in FY 2026-27. Project construction would span from FY 2027-28 through FY 2029-30, subject to funding availability.

ENVIRONMENTAL DETERMINATION
Authorization of the City Manager or designee to sign all documents related to the Cooperative Agreement is not considered a "project" under CEQA pursuant to the definition of "project" under Public Resources Code, Chapter 2.5, section 21065. The Cooperative Agreement process will not cause a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment. No lease, permit, certificate, or entitlement is being issued at this time.

Programmatic environmental compliance review pursuant to California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA) will be performed in the project development phase.

FISCAL AND ADMINISTRATIVE IMPACTS
Caltrans will not charge the City for their staff time for services provided pursuant to this Cooperative Agreement. Funding for consultant and City staff time for the Vasco Road/I-580 Interchange, Project No. 1993-52 is included in the FY 2021-2023 Capital Improvement Plan and future funding will be included in the FY 2023-25 Capital Improvement Plan.
68 COMMUNITY PILLAR
1: A Safe Community that Thrives
5: A City that Works
GOAL
Pillar 1, Goal 10: Work to maintain a safe and efficient local transportation network and address safety concerns
Pillar 5, Goal 14: Develop, operate, and maintain the City’s infrastructure

ATTACHMENTS

1. Resolution

2. Exhibit A - Vasco IC PA ED Coop Agreement
Prepared by: Roberto Escobar
Associate Civil Engineer
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
69 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA RESOLUTION AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT 04- 04-2902 WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE VASCO ROAD/I-580 INTERCHANGE IMPROVEMENTS, PROJECT NO. 1993-52, CALTRANS PROJECT NO. 0421000075, FOR THE

PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT PHASE
The Vasco Road/I-580 interchange improvements will enhance operations and safety and mitigate future congestion and accommodate the future Valley Link transit system in the I-580 median.

Caltrans, as the owner/operator of the State Highway System, has jurisdiction over the interchange. All project documents must be prepared in accordance with Caltrans policies, directives, and procedures manuals. On February 25, 2021, the City of Livermore (“City”) entered into Cooperative Agreement No. 04-2810 with Caltrans for the preparation of the Project Initiation Document for the Vasco Road/I-580 Interchange, Project No. 1993-52. The Project Initiation Document in the form of a Project Study Report - Project Development Support - has been completed and it is being circulated for Caltrans signature.

The next project milestone is the preparation of the Project Approval and Environmental Document. The City must enter into a Cooperative Agreement with Caltrans to engage their participation in the Project Approval and Environmental Document development. The Cooperative Agreement between the City and Caltrans will allow Caltrans to provide necessary services for the project review and approval as provided by California Government Code, section 65086.5.

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

1. Authorizes the City Manager to execute Cooperative Agreement 04-04- 2902, attached hereto as Exhibit A and incorporated by this reference, with California Department of Transportation for the Vasco Road/I-580 Interchange Improvements, Project No. 1993-52, Caltrans Project No. 0421000075, for the Project Approval and Environmental Document Phase.

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

On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on May 22, 2023, by the following vote:
70 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
Exhibit A – Vasco Road I-580 Interchange PA&ED Cooperative Agreement 71 Agreement 04-04-2902
Project No. 0421000075
EA 1W700
04-ALA-580-9.3/10.1
Project Development Agreement 2017-02-17/IQA (Created October 4, 2022) 1 of 17

COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from _______________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:

City of Livermore, a municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.

An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.

RECITALS

1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System per the California Streets and Highways Code, Sections 114 and 130.

2. For the purpose of this AGREEMENT, the Vasco Road/I-580 Interchange Improvements, CIP 199352, to enhance safety, improve operational deficiencies and provide bicycle and pedestrian facilities throughout the interchange, will be referred to hereinafter as PROJECT.

The PROJECT scope of work is defined in the project initiation and approval documents (e.g.

Project Study Report, Design Engineering Evaluation Report, or Project Report).

3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENT will be referred to hereinafter as WORK:
 PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED)
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process.

EXHIBIT A
72 Agreement 04-04-2902
Project No. 0421000075
Project Development Agreement 2017-02-17/IQA (Created October 4, 2022) 2 of 17

4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.

This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.

PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.

If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.

Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.

PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT.

However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.

5. No PROJECT deliverables have been completed prior to this AGREEMENT.

6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.

7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.

RESPONSIBILITIES
Sponsorship

8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds obligated in this AGREEMENT.

PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System.

9. CITY is the SPONSOR for the WORK in this AGREEMENT.
73 Agreement 04-04-2902
Project No. 0421000075
Project Development Agreement 2017-02-17/IQA (Created October 4, 2022) 3 of 17 Implementing Agency

10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT.  CITY is the Project Approval and Environmental Document (PA&ED) IMPLEMENTING AGENCY.

PA&ED includes the completion of the Final Environmental Document and the Project Report (documenting the project alternative selection).

11. CITY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are the IMPLEMENTING AGENCY of. The QMP describes the IMPLEMENTING AGENCY’s quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and approval.

12. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.

Funding

13. The WORK does not use funds administered by CALTRANS. PARTIES will amend this AGREEMENT should this condition change.

14. Each PARTY is responsible for the costs they incur in performing the WORK.

CALTRANS’ Quality Management

15. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA) and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.

16. CALTRANS’ Quality Management Assessment (QMA) efforts are to ensure that CITY's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT’s quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.

When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.
74 Agreement 04-04-2902
Project No. 0421000075
Project Development Agreement 2017-02-17/IQA (Created October 4, 2022) 4 of 17

17. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.

18. Per National Environmental Policy Act (NEPA) assignment and California Environmental Quality Act (CEQA) statutes, CALTRANS will perform environmental document quality control and NEPA assignment review procedures for environmental documentation.

CALTRANS quality control and quality assurance procedures for all environmental documents are described in the NEPA Assignments memorandums, available at https://dot.ca.gov/- /media/dot-media/programs/environmental-analysis/documents/ser/nepa-recordretentionpolicy-final-ally.pdf. This also includes the independent judgement analysis and determination under CEQA that the environmental documentation meets CEQA requirements.

19. CITY will provide WORK-related products and supporting documentation upon CALTRANS’ request for the purpose of CALTRANS’ quality management work.

20. CITY, including any employee, agent, consultant or sub-consultant retained by the CITY, shall implement uniform document control policies necessary to retain all records and electronically stored information associated with the WORK, including but not limited to those records identified in California Public Resources Code, Section 21167.6, and including email and attachments, in a manner consistent with the CALTRANS Uniform Filing System and the “Final Caltrans Environmental Records Retention Policy”, available at https://dot.ca.gov/- /media/dot-media/programs/environmental-analysis/documents/nepa-recordretention-policyfinal-a11y.pdf. These records, along with an index of the records, shall be provided to CALTRANS within 60 days of CALTRANS’ written request.

21. The cost of CALTRANS’ quality management work is to be borne by CALTRANS.

CEQA/NEPA Lead Agency

22. CITY is the CEQA Lead Agency for the PROJECT.

23. CALTRANS is a CEQA Responsible Agency for the PROJECT.

24. CALTRANS is the NEPA Lead Agency for the PROJECT.

Environmental Permits, Approvals and Agreements

25. CITY will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to CITY's responsibilities in this AGREEMENT. 75 Agreement 04-04-2902
Project No. 0421000075
Project Development Agreement 2017-02-17/IQA (Created October 4, 2022) 5 of 17

26. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT.

27. It is expected that the PROJECT will not require environmental permits/approvals.

Project Approval and Environmental Document (PA&ED)

28. As the PA&ED IMPLEMENTING AGENCY, CITY is responsible for all PA&ED WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

29. CALTRANS will be responsible for completing the following PA&ED activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.10.10.xx Quality Management
165.15.15.xx Essential Fish Habitat Consultation
165.15.15.xx Section 7 Consultation
165.25.25 Approval to Circulate Resolution
180.10.05.45 Section 7 Consultation
180.15.05 Record of Decision (NEPA)

30. Any PARTY preparing environmental documentation, including studies and reports, will ensure that qualified personnel remain available to help resolve environmental issues and perform any necessary work to ensure that the PROJECT remains in environmental compliance.

31. CITY will provide written notice of the initiation of environmental studies to the NEPA Lead Agency prior to completing any other PA&ED phase work.
76 Agreement 04-04-2902
Project No. 0421000075
Project Development Agreement 2017-02-17/IQA (Created October 4, 2022) 6 of 17 California Environmental Quality Act (CEQA)

32. The CEQA Lead Agency will determine the type of CEQA documentation and will cause that documentation to be prepared in accordance with CEQA requirements.

33. Any PARTY involved in the preparation of CEQA documentation will prepare the documentation to meet CEQA requirements and follow the CEQA Lead Agency’s standards that apply to the CEQA process.

34. CALTRANS is a CEQA Responsible Agency for the PROJECT and is responsible for review, comment, and concurrence on all environmental documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) at appropriate stages of development prior to approval and public availability.

35. Any PARTY preparing any portion of the CEQA documentation, including any studies and reports, will submit that portion of the documentation to the CEQA Lead Agency for review, comment, and approval at appropriate stages of development prior to public availability.

36. If the CEQA Lead Agency makes any changes to the CEQA documentation, the CEQA Lead Agency will allow CALTRANS to review, comment, and concur on those changes prior to the CEQA Lead Agency’s approval at appropriate stages of development prior to public availability.

37. If the CEQA Lead Agency makes any changes to CEQA-related public notices, then the CEQA Lead Agency will allow CALTRANS to review, comment, and concur on those changes prior to publication and circulation.

38. The CEQA Lead Agency will attend all CEQA-related public meetings. 77 Agreement 04-04-2902
Project No. 0421000075
Project Development Agreement 2017-02-17/IQA (Created October 4, 2022) 7 of 17

39. If a PARTY who is not the CEQA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the CEQA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the CEQA public review process.

That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the CEQA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date.

The CEQA Lead Agency maintains final editorial control with respect to text or graphics that could lead to public confusion over CEQA-related roles and responsibilities.

National Environmental Policy Act (NEPA)

40. Pursuant to Chapter 3 of Title 23, United States Code, Sections 326 and 327, CALTRANS is the NEPA Lead Agency for the PROJECT. CALTRANS is responsible for NEPA compliance, will determine the type of NEPA documentation, and will cause that documentation to be prepared in accordance with NEPA requirements.

CALTRANS, as the NEPA Lead Agency for PROJECT, is responsible for the review, comment, and approval of all environmental documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) at appropriate stages of development prior to approval and public availability.

When required as NEPA Lead Agency, CALTRANS will conduct consultation and coordination and obtain, renew, or amend approvals pursuant to the Federal Endangered Species Act, and Essential Fish Habitat.

When required as NEPA Lead Agency, CALTRANS will conduct consultation and coordination approvals pursuant to Section 106 of the National Historic Preservation Act.

41. Any PARTY involved in the preparation of NEPA documentation will follow FHWA and CALTRANS standards that apply to the NEPA process including, but not limited to, the guidance provided in the FHWA Environmental Guidebook (available at http://environment.fhwa.dot.gov/index.asp) and the CALTRANS Standard Environmental Reference.
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42. Any PARTY preparing any portion of the NEPA documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) will submit that portion of the documentation to CALTRANS for CALTRANS’ review, comment, and approval prior to public availability.

43. CITY will prepare, publicize, and circulate all NEPA-related public notices, except Federal Register notices. CITY will submit all notices to CALTRANS for CALTRANS’ review, comment, and approval prior to publication and circulation.

CALTRANS will work with the appropriate federal agency to publish notices in the Federal Register.

44. The NEPA Lead Agency will attend all NEPA-related public meetings.

45. CITY will submit all NEPA-related public meeting materials to CALTRANS for CALTRANS’ review, comment, and approval at least ten (10) working days prior to the public meeting date.

46. If a PARTY who is not the NEPA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the NEPA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the NEPA public review process.

That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the NEPA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the NEPA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date.

The NEPA Lead Agency has final approval authority with respect to text or graphics that could lead to public confusion over NEPA-related roles and responsibilities.

47. CITY will ensure that the PROJECT is included in the approved Federal Statewide Transportation Improvement Program (FSTIP) prior to the NEPA Lead Agency’s approval of the environmental document.

Schedule

48. PARTIES will manage the WORK schedule to ensure the timely use of obligated funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks. 79 Agreement 04-04-2902
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Standards

49. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the:
 CADD Users Manual
 CALTRANS policies and directives
 Plans Preparation Manual
 Project Development Procedures Manual (PDPM)
 Workplan Standards Guide
 Standard Environmental Reference
 Highway Design Manual
Qualifications

50. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.

Consultant Selection

51. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.

Encroachment Permits

52. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System (SHS) right-of-way. CITY, their contractors, consultants, agents and utility owners will not work within the SHS right-of-way without an encroachment permit issued in their name. CALTRANS will provide encroachment permits to CITY, their contractors, consultants, and agents at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.

53. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.
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54. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.

Disclosures

55. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 6254.5(e) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.

PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.

56. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.

Hazardous Materials

57. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by the PROJECT or not.

HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.

The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.

58. If HM-1 or HM-2 is found the discovering PARTY will immediately notify all other PARTIES.
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59. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.

CALTRANS, independent of the PROJECT will pay, or cause to be paid, the cost of HM-1 MANAGEMENT related to HM-1 found within the existing State Highway System right-ofway.

60. CITY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way. CITY will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.

CITY, independent of the PROJECT, will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way.

61. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM‑2 MANAGEMENT within the PROJECT limits.

CITY and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil Management Agreement, CALTRANS and CITY each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement.

CITY will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement, which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS.

62. CALTRANS’ acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS’ policy on such acquisition.

Claims

63. CITY may accept, reject, compromise, settle, or litigate claims of any consultants or contractors hired to complete WORK without concurrence from the other PARTY. 82 Agreement 04-04-2902
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64. PARTIES will confer on any claim that may affect the WORK or PARTIES’ liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.

65. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31.

When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.

66. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.

67. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.

Interruption of Work

68. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT rightof-way in a safe and operable condition acceptable to CALTRANS.

69. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.

Penalties, Judgements and Settlements

70. The cost of awards, judgements, fines, interest, penalties, attorney’s fees, and/or settlements generated by the WORK are considered WORK costs.

71. The cost of legal challenges to the environmental process or documentation are considered WORK costs.

72. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT. 83 Agreement 04-04-2902
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73. CITY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty (60) days following the completion of each PROJECT COMPONENT. CITY will assure that the Project History File is prepared and submitted in compliance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three-ring binder and in PDF format.

GENERAL CONDITIONS

74. All portions of this AGREEMENT, including the Recitals Section, are enforceable.

Venue

75. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.

Exemptions

76. All CALTRANS’ obligations under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).

Indemnification

77. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
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78. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

Non-parties

79. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties, obligations, or rights for entities not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.

80. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.

Ambiguity and Performance

81. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.

A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.

82. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.

Defaults

83. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution. 85 Agreement 04-04-2902
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84. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES’ legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs.

Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.

Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.

PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.

85. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.

Prevailing Wage

86. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.

Work performed by a PARTY’s own employees is exempt from the Labor Code's Prevailing Wage requirements.

If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the DavisBacon and Related Acts, 40 U.S.C. §§ 3141-3148.

EXHIBIT A
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Contact Information

CALTRANS
Taslima Khanum, Project Manager
111 Grand Avenue
Oakland, CA 94612
Office Phone: (510) 286-5095
Mobile Phone: (510) 290-7219
Email: [email protected]

CITY OF LIVERMORE
Mallika Ramachandran, Assistant City Engineer
1052 South Livermore Ave
Livermore , CA 94550
Office Phone: (925) 960-4511
Email: [email protected]
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SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.

The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals. 88 Agreement 04-04-2902
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STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
Helena (Lenka) Culik-Caro
Deputy District Director, Design
Verification of funds and authority:

Jeffrey Kuehnel
District Budget Manager

CITY OF LIVERMORE
Marianna MaryshevaCity Manager
Attest:

Marie Weber
City Clerk
Approved as to form and procedure:

Tara Mazzanti
Assistant City Attorney
89 CITY COUNCIL STAFF REPORT ITEM NO. 5.6
DATE: May 22, 2023
TO: Honorable Mayor and City Council
FROM: Brandon Cardwell, Innovation and Economic Development Director SUBJECT: Resolution authorizing the execution of Project and Program Grant Agreements with Livermore Valley Arts DBA Livermore Valley Performing Arts Center, Pacific Chamber Orchestra and SPARC Theater, consistent with the City's Public Art Policy.

RECOMMENDED ACTION
The Commission for the Arts and staff recommend the City Council adopt a resolution approving the applications and authorizing the execution of the following Project and Program Grant Agreements:

1. Livermore Valley Arts DBA Livermore Valley Performing Arts Center, in the amount of $8,000 for the 21st Annual ArtWalk Livermore

2. Pacific Chamber Orchestra, in the amount of $10,000 for Educational Programs "Discover Music"

3. SPARC Theater, in the amount of $10,000 for lighting equipment for an outdoor theater for the 2023 Summer Season

SUMMARY
The Commission for the Arts administers the Project and Program Grant Program, including reviewing funding applications twice per year in March and September and providing funding recommendations to the City Council for final approval.

In March 2023, a total of four (4) applications were received for Project and Program funds. The Commission for the Arts and staff recommend the City Council adopt a resolution approving the execution of a Project and Program Grant Agreement with each of the following three (3) applicants:

Livermore Valley Arts DBA Livermore Valley Performing Arts Center, Pacific Chamber Orchestra and SPARC Theater.

DISCUSSION
In 2004, the City Council created the Public Art Fund for the purpose of funding public art and cultural programming. In 2008, the City Council created the Project and Program Grant Program to provide funding from the Public Art Fund for local organizations and artists providing cultural enrichment experiences in Livermore.
90 The Commission for the Arts administers the Project and Program Grant Program, including reviewing funding applications twice a year in March and September and providing funding recommendations to the City Council for final approval. Opportunities for funding were posted on the city website and social media.

On March 1, 2023, staff received a total of four (4) applications which were reviewed by an ad hoc committee of the Commission for the Arts. The committee reviewed the applications and presented its funding recommendations to the full Commission at its regular meeting on March 28, 2023. The Commission for the Arts selected three (3) applications for funding. The three (3) recommended projects meet the evaluation criteria and include expenses that are eligible for funding. The remaining application did not meet all the evaluation criteria and did not meet the definition of public art.

The recommended projects, totaling $28,000, are described below:

Agency Project Funds Requested Grant Recommendation
Livermore Valley Arts
DBA Livermore Valley
Performing Arts Center
21st Annual ArtWalk
Livermore
$8,000 $8,000
Pacific Chamber
Orchestra
Educational Programs
"Discover Music"
$10,000 $10,000
SPARC Theater
Light Equipment for
Outdoor Theater for the
2023 Summer Season
$10,000 $10,000

FISCAL AND ADMINISTRATIVE IMPACTS
The Project and Program Grants are funded with Public Art Fee funds (F608). Funds have been included in the FY 2022-23 budget. No further appropriation is needed at this time.

COMMUNITY PILLAR
4: Inclusive and Inviting Spaces & Places
GOAL
1: Further enhance Livermore's unique sense of place

ATTACHMENTS

1. Resolution

2. Exhibit A - Livermore Valley Arts DBA Livermore Valley Performing Arts Center Agreement

3. Exhibit B - Pacific Chamber Orchestra Agreement

4. Exhibit C - SPARC Theater Agreement
Prepared by: Theresa De La Vega
Management Analyst
91 Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
92 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF PUBLIC ART

FUND PROJECT AND PROGRAM GRANT AGREEMENTS WITH

LIVERMORE VALLEY ARTS DBA LIVERMORE VALLEY
PERFORMING ARTS CENTER IN THE AMOUNT OF $8,000; PACIFIC CHAMBER ORCHESTRA IN THE AMOUNT OF $10,000; AND SPARC
THEATER IN THE AMOUNT OF $10,000
The City Council created the Public Art Fund for the purpose of funding public and cultural programming consistent with the public art policy administered by the Commission for the Arts. The Project and Program Grant program was created by the City Council for use of the Public Art Fund for the purpose of encouraging programs for the cultural enrichment of the residents of, and visitors to, Livermore.

The Commission for the Arts reviews applications for the Project and Program Grant program twice per year, in March and September. The Commission for the Arts received a total of four (4) applications for March 2023. Following a review of those four applications, the Commission for the Arts recommends funding three of the four Project and Program applications.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager, or her designee, to execute the following Project and Program Grant Agreements:

1. Livermore Valley Performing Arts Center, in the amount of $8,000 for 21st Annual ArtWalk Livermore, attached hereto as Exhibit A;

2. Pacific Chamber Orchestra, in the amount of $10,000 for Educational Programs “Discover Music”, attached hereto as Exhibit B;

3. SPARC Theater, in the amount of $10,000 for lighting equipment for an outdoor theater for the 2023 Summer Season, attached hereto as Exhibit C.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 22, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
93 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Katherine Mirassou
Marie Weber Katherine Mirassou
City Clerk Deputy City Attorney
Exhibit A – Livermore Valley Performing Arts Center Agreement Exhibit B – Pacific Chamber Orchestra Agreement
Exhibit C – SPARC Theater Agreement
94 Project and Program Grant Agreement Page 1
Rev. 6/2017

AGREEMENT BETWEEN CITY OF LIVERMORE
AND

LIVERMORE VALLEY PERFORMING ARTS CENTER
FOR FISCAL YEAR 2023-24

PROJECT AND PROGRAM GRANT AGREEMENT
This AGREEMENT, entered into this ____ day of _____________________, 2023, between the City of Livermore, a municipal corporation (“City”), and Livermore Valley Performing Arts Center, a California non-profit Corporation (“Grantee”).

RECITALS
A. City created Project and Program Grants for the purpose of encouraging programs for the cultural enrichment in the City of Livermore.

B. The primary goal of the Project and Program Grant Program is to serve one or more of the main strands found in the Cultural Arts Master Plan, artsALIVE!, adopted by City Council Resolution number 2007-109 on June 11, 2007.

C. The Commission for the Arts reviews all Project and Program Grant applications and provides City Council with recommendations for funding. Funding is not authorized until City Council approves the Commission for the Arts’ funding recommendations evidenced by City’s signature on this agreement.

D. Grantee has applied to City for funding for a project or program to support the 21st Annual ArtWalk Livermore (“Project”).

E. City wishes to engage Grantee to assist City in utilizing Public Art Fee fund money to provide art projects and programs to Livermore residents.

F. City and Grantee understand that the Project and Program Grant shall be administered consistent with the procedures, standards, regulations, and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.

AGREEMENT
NOW THEREFORE, City and Grantee hereby agree that the aforementioned recitals are true and correct, and in recognition of the mutual consideration provided herein, further agree as follows:

I. SCOPE OF SERVICE
A. Activities
Grantee is responsible for administering the Project and Program Grant in a manner satisfactory to City, and consistent with the standards, terms and conditions imposed by the 2008 Art in Public Places Program Policy and Procedures Manual, Cultural Arts Master Plan, and herein. The Project will include the following activities DocuSign Envelope ID: 68BB61E9-AC80-41F9-B0BE-0A3C15F35618

EXHIBIT A
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Rev. 6/2017
eligible under the Project and Program Grant Program: 21st Annual ArtWalk Livemore

1. Project and Program Delivery: Grantee agrees to the goals and performance standards as defined below and outlined in the Grantee’s Project and Program Grant application attached as Exhibit “A”.

2. Service Objective: to support an expanded area to provide more space for artists, music performances, additional staffing to plan, produce and manage event and for marketing of the 21st Annual ArtWalk Livermore to be held on October 14, 2023. (“Activities”).

3. General Administration: The Funds for the Activities are to be administered under the direction of the Grantee’s Executive Director and shall comply with the procedures, standards, regulations and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.

B. Budget

City will grant, and Grantee will use, funds in the amount of $8,000 (“Funds”) to perform the Activities consistent with the terms and conditions of this Agreement, the 2008 Art in Public Places Program Policy and Procedures Manual, and the Cultural Arts Master Plan.

C. Performance Monitoring
City will monitor Grantee’s performance against the project or program description outlined in the Grantee’s Project and Program Grant application attached as Exhibit “A”.

Substandard performance as determined by City will constitute non-compliance with this Agreement.

II. TIME OF PERFORMANCE
Grantee shall complete its Activities within one year of the date of execution of this Agreement. If Grantee requires an extension of time for full performance, it may request an extension from the Commission for the Arts. The decision of the Commission for the Arts shall be final.

III. PAYMENT
It is expressly agreed and understood that the total amount of the Funds available from City to Grantee for the Activities under this Agreement shall not exceed $8,000.

The City shall disburse the Project & Program Grant in three installments: 30 percent in advance, 40 percent once material progress can be shown and evidence of the matching grant cash requirement has been submitted, and the final 30 percent after a satisfactory Final Report has been filed. The Project & Program subcommittee of the Commission for the Arts has sole discretion to decide whether each of these milestones has been reached.

IV. NOTICES
DocuSign Envelope ID: 68BB61E9-AC80-41F9-B0BE-0A3C15F35618

EXHIBIT A
96 Project and Program Grant Agreement Page 3
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Any notice required or permitted under the terms of this Agreement shall be effective upon receipt in writing either by personal service upon the authorized agent for the party, or by mailing the notice via U.S. Mail to the party as follows:

City: City of Livermore
Attn: Brandon Cardwell, Commission for the Arts Staff Liaison 1052 S. Livermore Avenue
Livermore, California 94550
Grantee: Livermore Valley Performing Arts Center
Attn: Chris Carter
2400 First Street
Livermore, CA 94550
V. GENERAL CONDITIONS
A. General Compliance
Grantee agrees to comply with the requirements of state and local laws and regulations governing the Funds available under this Agreement. Grantee also agrees to comply with all additional regulations and policies issued pursuant to these regulations. Grantee further agrees to utilize the Funds available under this Agreement to supplement, rather than supplant, funds otherwise available. Furthermore, with respect to the performance of Activities under this Agreement, Grantee agrees to comply with all federal, state and local laws, statutes, rules and regulations pertaining to the performance of those Activities.

B. Independent Contractor
Nothing contained in this Agreement is intended to, nor shall be construed in any manner to, create or establish the relationship of employer/employee between the parties.

Grantee shall at all times remain an Independent Contractor with respect to the services to be performed under this Agreement. City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance as Grantee is an Independent Contractor.

C. Hold Harmless
Grantee agrees to defend, indemnify, and hold City, its elected officials, officers, directors, employees, agents, and designated volunteers harmless from and against any and all loss, liability, damage, including reasonable attorney’s and expert fees and/or court costs, arising out of the performance of the Activities under this Agreement, except for the gross negligence and willful misconduct of City, its elected officials, officers, directors, employees, agents, and designated volunteers.

D. Insurance
Grantee shall procure and maintain insurance for the duration of the contract in the DocuSign Envelope ID: 68BB61E9-AC80-41F9-B0BE-0A3C15F35618

EXHIBIT A
97 Project and Program Grant Agreement Page 4
Rev. 6/2017
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 Project. Upon reasonable written notice, Grantee shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by the City of Livermore Risk Manager.

E. City Recognition
Grantee shall acknowledge City’s financial support in all appropriate materials and media. The acknowledgment shall read, “Supported in part by a grant from the City of Livermore” or similar language, unless the City of Livermore is a part of a list of supporters. In the latter case, the acknowledgement may say only “City of Livermore.” Grantee shall display the City of Livermore’s logo whenever other sponsor logos are displayed, and in accordance with the City of Livermore’s logo use guidelines.

F. Amendments
City or Grantee may amend this Agreement at any time provided such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Agreement, nor relieve or release City or Grantee from its obligations under this Agreement.

City may, in its discretion, amend this Agreement to conform with state or local laws, regulations, guidelines, or policies related to the use of the Funds for the Activities. However, if such amendments result in a change in the funding, the scope of services, or the Activities, such modifications shall be incorporated only by written amendment signed by both City and Grantee.

G. Suspension, Termination, Return of Funds

1. Termination for Cause. City may suspend or terminate this Agreement if Grantee materially fails to comply with any term or condition of this Agreement, including but not limited to, the following:
a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, policies or directives as may become applicable at any time;
b. Failure, for any reason, of Grantee to fulfill in a timely and proper manner its obligation under this Agreement;
c. Ineffective or improper use of Funds provided under this Agreement; or d. Submission by Grantee to City reports that are incorrect or incomplete in any material respect.

City shall give Grantee written notice of any failure to comply with the Agreement.

If Grantee does not remedy the deficiency or non-compliance within fifteen (15) calendar days after the date the notice is sent, City may exercise any of the remedies available under law and equity, including but not limited to the termination of this Agreement.

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the remaining Agreement Funds until Grantee corrects the deficiency, Grantee is otherwise found to be in compliance by City, or Grantee is otherwise adjudicated to be in compliance with the Agreement.

2. Termination for Convenience: This Agreement may also be terminated for convenience by either City or Grantee, in whole or in part, by giving notice of such termination, the effective date of the termination, and in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, if City determines that the remaining portion of the Funds or Activities will not accomplish the purpose for which the award was made, City may terminate the Agreement in its entirety.

Written notice of termination must be provided at least thirty (30) calendar days before the effective date of such termination.

3. Effect of Termination: In the event of termination, all finished or unfinished documents, data, studies, photographs, reports, or other materials prepared by Grantee under this Agreement shall, at City r’s option, become the property of City, and Grantee shall only be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Any remaining Funds shall be returned to the City’s Public Art Fund for reallocation.

Termination for failure to comply with any term or condition of this Agreement may result in Grantee becoming ineligible to participate in future Commission for the Arts grant programs.

Termination for any reason shall immediately suspend the Funds available under this Agreement, terminate any claim Grantee has to such Funds, and result in Funds being immediately refunded to City for use and reallocation by City.

VI. ADMINISTRATIVE REQUIREMENTS
A. Documentation and Recordkeeping

1. Records to be Maintained: Grantee shall maintain the following records including, but not limited to:
a. Records providing a full description of each activity undertaken and the date(s) on which the activity occurred;
b. Records demonstrating that each activity undertaken meets one of the objectives of the Program & Program Grant; and
c. Quarterly and annual revenue and expense reports for Activities funded by this Agreement.

2. Retention: Grantee shall retain all records pertinent to expenditures incurred in the performance of the Activities under this Agreement for a period of two (2) years after the termination of all activities funded under this Agreement.

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3. Objectives: Grantee agrees to maintain documentation that demonstrates that the Activities meet one or more of the objectives of the strands identified in the Cultural Arts Master Plan.

4. Audits and Inspections: All Grantee records with respect to any matters covered by this Agreement shall be made available to City at any time during normal business hours, as often as City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data.

Any deficiencies noted in audit reports must be corrected by Grantee within thirty (30) calendar days after receipt of notice of deficiency by Grantee. Failure of Grantee to comply with the above audit requirements will constitute a violation of this Agreement and constitute cause for termination pursuant to Paragraph V.

B. Reporting and Payment Procedures

1. Payment Procedures: City will pay to Grantee Funds available under this Agreement based upon information submitted by Grantee, and consistent with the 2008 Art in Public Places Program Policy and Procedures Manual. City reserves the right to liquidate Funds available under this Agreement for costs incurred by City on behalf of Grantee.

2. Progress Reports: Grantee shall submit a Material Progress Report to the Commission for the Arts when it feels the Project has made material progress. Grantee shall also submit a Final Report when its Project Activities are complete. These reports are prerequisites to receiving the second and third grant installment payments, in accordance with Section III. The Grantee shall determine the form and content of the Progress Reports.

3. Quarterly Revenue and Expense Reports: Grantee shall submit Quarterly Revenue and Expense Reports for grant activities to the Community Development Director.

VII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Assignability
Grantee shall not assign or transfer any interest in this Agreement without the prior written consent of City. However, claims for money due or to become due to Grantee from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to Grantee.

B. Conflict of Interest
Grantee agrees to abide by the provisions of the California Political Reform Act (Gov.

Code §§ 81000 et seq.) and related regulations (2 Cal. Code Regs. §§ 18109 et seq.) with respect to conflicts of interest, and covenants that it presently has no financial interest, and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the Activities under this Agreement.

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Grantee further covenants that in the performance of this Agreement, no persons who exercise or have exercised any functions or responsibilities with respect to the Activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such Activities, have a financial interest in any contract, subcontract or agreement with respect to the Activities or with respect to the proceeds from the Activities, either for themselves or those with whom they have a business or immediate family ties, during their tenure or for a period of one (1) year thereafter.

These conflict of interest provisions apply to any person who is an employee, agent, Grantee, officer, or elected or appointed official of Grantee.

C. Subcontracts

1. Approvals: Grantee shall not enter into any subcontracts with an agency or individual in the performance of this Agreement without the prior written consent of City.

2. Monitoring: Grantee will monitor all subcontracted services to assure Agreement compliance. Results of monitoring efforts must be summarized in written reports, and supported with documented evidence, of follow-up actions taken to correct areas of noncompliance.

3. Content: Grantee shall cause all of the provisions of this Agreement in its entirety to be included in, and made a part of, any subcontract executed in the performance of this Agreement.

D. Copyright
If this Agreement results in any copyrightable material, City reserves the right to royaltyfree, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes.

E. Religious Organization
Grantee agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization.

VIII. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

IX. WAIVER
City’s failure to act with respect to a breach by Grantee does not waive its right to act with respect to subsequent or similar breaches. The failure of City to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.

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X. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between City and Grantee for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between City and Grantee with respect to this Agreement.

XI. BINDING EFFECT
All the terms, covenants, and conditions of this Agreement shall inure to the benefits of and be binding upon successors and assigns of the parties to this Agreement.

XII. COUNTERPARTS
This Agreement may be executed in counterparts by delivering a facsimile or secure electronic copy of the signed agreement to the other party, followed by delivery of the original documents bearing the original signatures. However, failure to deliver the original documents does not affect the enforceability of this Agreement.
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IN WITNESS THEREOF, the Parties have executed this Agreement as of the date first written above.

Livermore Valley Performing Arts Center
a California non-profit corporation
“Grantee”
By:___________________________ Dated:____________________________ PRINT NAME:__________________
TITLE:________________________

CITY OF LIVERMORE
a Municipal Corporation
“City”
By:__________________________ Dated:____________________________ Brandon Cardwell
Innovation and Economic Development Director
APPROVED AS TO FORM:
______________________________

ASSISTANT/CITY ATTORNEY
Attachments:

Exhibit A Application for Project and Program Grant from the City of Livermore Exhibit B Insurance Requirements
DocuSign Envelope ID: 68BB61E9-AC80-41F9-B0BE-0A3C15F35618 Chris Carter
4/24/2023 | 10:41 AM PDT
Executive Director

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Project & Program Grant
City of Livermore
Office of Innovation & Economic Development
Commission for the Arts
Application Form, Instructions, and Checklist
Applications are due on March 1 and September 1 each year Completed grant applications must be:
 Delivered (in person or by commercial service such as FedEx, UPS, etc.) to the Office of Innovation & Economic Development c/o Commission for the Arts by 5 p.m. on March 1 and September 1, or
 Sent First Class or Priority Mail by the US Postal Service to be received at the City no later than March 1 and September 1.

Send or deliver applications to:

City of Livermore
Office of Innovation & Economic Development
Staff Liaison for the Commission for the Arts
1052 S. Livermore Avenue
Livermore, CA 94550
This packet contains the Application Checklist and instructions for completing the application.

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Application Form - Project & Program Grants
If needed, please use additional paper for this section.

ArtWalk was begun in 2002 by a small group of volunteers, and blossomed into an annual event that overwhelmed that small group. LVA took over the event in 2008.

This event wholly fits within the mission of LVA.

2. Describe the project or program for which you are seeking the grant. Discuss the project’s origins. Describe the venue/location, the implementation process, and the timeframe.

Discuss the resources — people, money, etc. — you will need to implement the project, whether you already have those resources within your organization or, if not, how you plan to obtain them.

See Attached

3. How will the requested grant be used in the planning and implementation of the project or program? (500 words or less.)
For the first time, we will be closing a significant stretch of First Street from North Livermore to Maple and providing ample space for artists. This will greatly enhance visibility and create a "festival" atmosphere.

We need to markedly increase our marketing to bring in visitors. We need additional staff to manage the street and plan and produce the event. Street closure is pending final approval.

4. Describe how the program or project specifically addresses one or more of the main strands found in the Cultural Arts Master Plan, artsAlive! (Refer to the Cultural Arts Master Plan Executive Summary in the Public Art Policy Guideline manual.) (250 words or less.) This project is specifically situated to help fulfill the Cultural Arts Master Plan guideines.

From providing a publically accessible arts and culture experience, to growing into a full arts festival, to ensuring public arts events, ArtWalk helps promote the unique sense of place visitors and residents can experience in Livermore. Finally, we assist in supporting local arts by providing free booth space to them.

5. List the individual(s) or organization(s) you will be partnering with on this project. Be specific regarding the support, both financial and in-kind, they will be providing.

We provide free booth spaces to several local arts and service organizations: Livermore Art Association, Pleasanton Art League, Dublin Art Collective, Alliance for the Visual Arts, QUEST Science Center, SPARC, and Livermore Lions.

These groups help us with social media marketing, networking, and some assist with event production tasks. There is no financial gain or outlay associated with these partnerships.

We also provide free space to Disabled Vets Art Show; local high schools and colleges.

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Application Form - Project & Program Grants
Project/Program Budget Worksheet (enter N/A if item does not apply. Attach Budget Notes if necessary.)
PROJECT SUPPORT (Do not include in-kind support)
Earned Revenue Amount Notes
Ticket Sales/Admissions $
Tuition/Workshop fees $
Other: $
Subtotal: Earned Revenue $
Contributed Income Amount In-hand Pending
Contributions (Individuals/Businesses) $ $ $
Grants (Foundations/Government other than City) $ $ $
City of Livermore (other than this grant request) $ $ $ Other: $ $ $
Subtotal: Contributed Income $ $ $
Project & Program Grant Amount Requested $
Total Project Support (Revenue + Income + Grant) $
PROJECT EXPENSE (Do not include in-kind expense)
Personnel Amount Notes
Artistic $
Production $
Administrative $
Other: (describe in Notes) $
Subtotal: Personnel $
General Amount Notes
Venue Rental $
Materials and Supplies $
Marketing and Promotion $
Transportation $
Insurance $
Other: (describe in Notes) $
Subtotal: General $
Total Project Expenses (Personnel + General) $
Project Surplus (Loss) (Total Support minus Total Expense) $ If Project Net is a negative value, explain in the Budget Notes how it will be covered.

Booth fees, commission on art sales 14,475
14,475
8,000
3500 Music Performances
3500
8200
2000 Replacement canopies, info
booth supplies, etc.
12,275
14,275
1200
22,475
22,475
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Matching Funds
All Project and Program Grant applicants must provide at least a dollar-for-dollar (one-to-one) match for the grant award, no less than 50 percent of which must be a cash match. The cash match must be from sources other than the City of Livermore.

In-kind contributions are allowed as part of the match only on the following limited basis:

1. In-kind contributions cannot be used for more than half of the required match, in other words, they cannot represent more than 50 percent of the value of the grant award; and,

2. The value of in-kind contributions, i.e., goods and services, must offset line item expenditures in the project budget and their value must be documentable with invoices or billing statements.

In-kind contributions must be listed below or on a separate sheet attached to the Budget Notes.

Source Description Fair Market
Value
$
$
$
$
$
$
Requested Grant Amount: $______________
Cash Match Amount: $______________
In-kind Match Amount: $______________
LVA ArtWalk Expense 2125
Artist Booth fees,
commissions
14475
8000
16600
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INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:

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

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 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. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.

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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.

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

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

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AGREEMENT BETWEEN CITY OF LIVERMORE
AND

SPARC THEATER
FOR FISCAL YEAR 2023-24

PROJECT AND PROGRAM GRANT AGREEMENT
This AGREEMENT, entered into this ____ day of _____________________, 2023, between the City of Livermore, a municipal corporation (“City”), and SPARC Theater, DBA Shakespeare's Associates, Inc, a California non-profit Corporation (“Grantee”).

RECITALS
A. City created Project and Program Grants for the purpose of encouraging programs for the cultural enrichment in the City of Livermore.

D. Grantee has applied to City for funding for a project or program to support the upgrade and installation of lighting equipment for the outdoor theater venue for the summer 2023 season (“Project”).

E. City wishes to engage Grantee to assist City in utilizing Public Art Fee fund money to provide art projects and programs to Livermore residents.

AGREEMENT
NOW THEREFORE, City and Grantee hereby agree that the aforementioned recitals are true and correct, and in recognition of the mutual consideration provided herein, further agree as follows:

I. SCOPE OF SERVICE
A. Activities
Grantee is responsible for administering the Project and Program Grant in a manner satisfactory to City, and consistent with the standards, terms and conditions imposed by the 2008 Art in Public Places Program Policy and Procedures Manual, DocuSign Envelope ID: 79AFB4D4-4FD0-43DE-B9AF-1CC1E0B6B070

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Cultural Arts Master Plan, and herein. The Project will include the following activities eligible under the Project and Program Grant Program: upgrade and installation of lighting equipment for the outdoor venue for the summer 2023 season.

2. Service Objective: to support the upgrade and installation of lighting equipment for the outdoor venue located at Darcie Kent Vineyards for the summer 2023 season. (“Activities”).

B. Budget

City will grant, and Grantee will use, funds in the amount of $10,000 (“Funds”) to perform the Activities consistent with the terms and conditions of this Agreement, the 2008 Art in Public Places Program Policy and Procedures Manual, and the Cultural Arts Master Plan.

Substandard performance as determined by City will constitute non-compliance with this Agreement.

III. PAYMENT
It is expressly agreed and understood that the total amount of the Funds available from City to Grantee for the Activities under this Agreement shall not exceed $10,000.

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IV. NOTICES
Any notice required or permitted under the terms of this Agreement shall be effective upon receipt in writing either by personal service upon the authorized agent for the party, or by mailing the notice via U.S. Mail to the party as follows:

City: City of Livermore
Attn: Brandon Cardwell, Commission for the Arts Staff Liaison 1052 S. Livermore Avenue
Livermore, California 94550
Grantee: SPARC Theater, dba Shakespeare's Associates, Inc.

Attn: Lisa A. Tromovitch
2172 Railroad Ave
Livermore, CA 94550
V. GENERAL CONDITIONS
A. General Compliance
Grantee agrees to comply with the requirements of state and local laws and regulations governing the Funds available under this Agreement. Grantee also agrees to comply with all additional regulations and policies issued pursuant to these regulations. Grantee further agrees to utilize the Funds available under this Agreement to supplement, rather than supplant, funds otherwise available. Furthermore, with respect to the performance of Activities under this Agreement, Grantee agrees to comply with all federal, state and local laws, statutes, rules and regulations pertaining to the performance of those Activities.

B. Independent Contractor
Nothing contained in this Agreement is intended to, nor shall be construed in any manner to, create or establish the relationship of employer/employee between the parties.

D. Insurance
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Grantee shall procure and maintain insurance for the duration of the contract 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 Project. Upon reasonable written notice, Grantee shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by the City of Livermore Risk Manager.

G. Suspension, Termination, Return of Funds

City shall give Grantee written notice of any failure to comply with the Agreement.

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Pending correction of any compliance, City shall withhold fifteen percent (15%) of the remaining Agreement Funds until Grantee corrects the deficiency, Grantee is otherwise found to be in compliance by City, or Grantee is otherwise adjudicated to be in compliance with the Agreement.

Written notice of termination must be provided at least thirty (30) calendar days before the effective date of such termination.

Termination for failure to comply with any term or condition of this Agreement may result in Grantee becoming ineligible to participate in future Commission for the Arts grant programs.

VI. ADMINISTRATIVE REQUIREMENTS
A. Documentation and Recordkeeping

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3. Objectives: Grantee agrees to maintain documentation that demonstrates that the Activities meet one or more of the objectives of the strands identified in the Cultural Arts Master Plan.

B. Reporting and Payment Procedures

3. Quarterly Revenue and Expense Reports: Grantee shall submit Quarterly Revenue and Expense Reports for grant activities to the Community Development Director.

B. Conflict of Interest
Grantee agrees to abide by the provisions of the California Political Reform Act (Gov.

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Grantee further covenants that in the performance of this Agreement, no persons who exercise or have exercised any functions or responsibilities with respect to the Activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such Activities, have a financial interest in any contract, subcontract or agreement with respect to the Activities or with respect to the proceeds from the Activities, either for themselves or those with whom they have a business or immediate family ties, during their tenure or for a period of one (1) year thereafter.

These conflict of interest provisions apply to any person who is an employee, agent, Grantee, officer, or elected or appointed official of Grantee.

C. Subcontracts

1. Approvals: Grantee shall not enter into any subcontracts with an agency or individual in the performance of this Agreement without the prior written consent of City.

3. Content: Grantee shall cause all of the provisions of this Agreement in its entirety to be included in, and made a part of, any subcontract executed in the performance of this Agreement.

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Rev. 6/2017
X. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between City and Grantee for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between City and Grantee with respect to this Agreement.

XI. BINDING EFFECT
All the terms, covenants, and conditions of this Agreement shall inure to the benefits of and be binding upon successors and assigns of the parties to this Agreement.

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Project and Program Grant Agreement Page 9
Rev. 6/2017
IN WITNESS THEREOF, the Parties have executed this Agreement as of the date first written above.

SPARC Theater, dba Shakespeare’s Associates, Inc.
a California non-profit Corporation
“Grantee”
By: Dated:

PRINT NAME: Lisa Tromovich
TITLE: Founding Artistic Director

ASSISTANT/CITY ATTORNEY
Attachments:

Exhibit A Application for Project and Program Grant from the City of Livermore Exhibit B Insurance Requirements
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Applicant Name: SPARC Theater
APPLICATION CHECKLIST - This Checklist is required and must be submitted as part of the completed Application. All Project & Program Grant applicants are required to submit the following:

One original set of the Application, collated in the following order:
 1. Application Checklist (this page).
 2. Start date: Do(es) the event(s) related to this project begin at least two (2) months after the application deadline?
 3. Organizational Summary, signed by the organization’s executive director, managing director, president, board chair, or other authorized officer of the organization, or by the applying artist.  4. If you are an organization, submit a list of current officers and Board members with their term of office.
 5. If you are a 501(c)(3), submit a copy of your 501(c)(3) determination letter from IRS.  6. Application Form, beginning on page 1, continuing through the Project Budget Summary.  7. Notes to the Project Budget, and a detailed list of In-Kind contributions.  8. List of key project individuals, including principal artists and project managers, with a very brief job description (e.g., a self-explanatory job title) for each.  9. Resumes/biographies of key project individuals, generally one page each.  10. Up to four items in any combination of brochures, catalogues, performance programs, or similar organizational publications/materials; if available.  11. Up to four recent press reviews or articles, or similar independently generated published materials, if available. (Note: Calendar listings are not suitable.)  12. NOTE: During the review process you may be requested to submit samples of other work you have produced (work samples). See Chapter 3 – Grants for more information about work samples.

Standards for Preparing Applications
Please read the following carefully. Applicants are responsible for completing and submitting a full application package with all required attachments by the deadline. Incomplete applications will not be accepted for Commission evaluation.

1. Applicants must not modify the format of the application form or exceed the maximum length of any section of the form, except where otherwise noted.

2. All required attachments (except pre-printed ones) must be typed or computer-prepared in a type size that is no smaller than 12 pt. Times/Times New Roman, or 10 pt. Arial/Helvetica.

3. Complete all pages of the application form and all required attachments. (Use “N.A.” if a section does not apply to your organization.) Provide information that is current as of the application deadline. Budget pages and budget notes must be complete.

City of Livermore Project Grant
2023 Application Checklist

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Cast of Life is a Cabernet, Darcie Kent Vineyards, Summer 2022

ORGANIZATIONAL SUMMARY
For over 20 years, SPARC Theater has built community in the region through the production of high-quality plays, readings and cabarets in venues and vineyards in the Livermore Valley. Our Education programs bring the power of imaginative language to students through in-class sessions, after-school programs and summer camps.

Our growth can be traced in our name - beginning in 2002, as Shakespeare’s Associates, artists and volunteers produced plays by Shakespeare and others around Livermore. In 2006, under the leadership of Founding Artistic Director, Lisa A. Tromovitch, we incorporated as a nonprofit organization. Our name became Livermore Shakespeare Festival, to feature our flagship program Shakespeare in the Vineyard, which brings 2,500 to 5,500 visitors to Livermore Wine Country each summer for live productions, in partnership with many local wineries.

As of 2021, we are known as SPARC Theater, standing for “Shakespeare & Performing Arts Regional Company,” to reflect that we produce more authors than Shakespeare, more frequently than in the summer and serve a larger community than Livermore.

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To reflect this increased level of community engagement, we have produced events in partnership with other local organizations, employee affinity groups and nonprofits, many of them live-streamed during the COVID shutdown period, and we launched Science@Play, our social justice initiative in 2021.

EDUCATION PROGRAMS: Since 2015, our teaching artists have led 10-week in-school literacy programs called So Wise So Young, for every 2nd grader in the Livermore school district. In 2022, under the leadership of Lindsey Schmeltzer, we introduced a pilot program in social-emotional learning for 7th-grade classrooms. Our two-week summer camps and after-school programs called Some Have Greatness combine fun, teamwork and performance skills for 3rd - 5 h graders, and 6th - 9th graders, culminating in performances for family and friends.

Educating the next generation of theater arts professionals is an integral part of SPARC’s mission. For college-age students, our Apprenticeship Program provides job-based training to aspiring artists that develops collaborative skills important for any field. Former SPARC apprentices have pursued Master of Fine Arts degrees and moved on to positions with noted professional theaters across the country. Other apprentices used the skills they acquired with SPARC to launch successful careers in finance, biotech, and social services.

SCIENCE@PLAY: In 2022, we produced our second Science@Play Festival, in our five-year plan of commissioning science-based plays from BIPOC writers. The plays are chosen and developed in collaboration with local scientists and other community members, to provide factual scientific information and insight into life in STEM fields. This social justice initiative not only uplifts BIPOC writers but provides an opportunity for audiences and young people to see scientists of color featured. Our festival presents staged readings of the new scripts in process and other plays which share the theme of science and discovery.

THEATER VENUE: In 2019, Artistic Director Lisa A. Tromovitch successfully initiated a city-wide movement to create a new theater building in the heart of downtown Livermore, and achieved unanimous City Council approval. This new venue will fulfill our goal to produce year-round programming, extend our respected education programs, and establish a permanent indoor home. Partnering with a dozen other groups, diverse in the race/ethnicity of the leaders and culture represented, as well as their art forms, we have established a Cultural Core of organizations to program events in the new building. We secured the DDA (Disposition and Development Agreement) and purchased the land at Stockman’s Park from the City of Livermore in September of 2022.

CURRENT ACTIVITIES
The summer of 2022 brought the successful return of our flagship program Shakespeare in the Vineyard to our new venue at Darcie Kent Vineyards. Over 2,500 theater-goers enjoyed the art and ambiance of a three-show season: The Comedy of Errors by William Shakespeare set on the Texas-Mexico border at El Paso, The 39 Steps by Patrick Barlow, a theatrical farce lampooning an Alfred Hitchcock film, and Life is a Cabernet, a musical revue with audience participation and bingo. The shows were performed on a new, custom-built, modular stage funded by the City of Livermore, The Fremont Bank Foundation, and our generous individual donors.

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For summer 2023, Associate Artist, Jennifer Le Blanc, will direct Silent Sky by Lauren Gunderson, a contemporary play exploring the life of noted 19th-century astronomer Henrietta Leavitt. Founding Artistic Director, Lisa A. Tromovitch, will direct Shakespeare’s Much Ado About Nothing, in a small-cast adaptation by Associate Artist Mary Ann Rodgers.

PRODUCTION HISTORY
2020 and 2021
During the COVID shutdown, we strengthened our community partnerships through solo performances and staged readings and our education programs and summer camps successfully pivoted to an online platform. We partnered with the East Bay Holocaust Center, the Hispanic Heritage Center, Livermore Civic Library, Futures Explored, Inc. and the Lawrence Livermore Lab African American Body of Laboratory Employees to engage our audiences with online talks, discussions, and trivia nights.

LifeSPARC Virtual series “The Victory of Spirit”:

Shakespeare and the Alchemy of Gender written and performed by Lisa Wolpe Becoming Othello: A Black Girl’s Journey written and performed by Debra Ann Byrd The Sonnet Man: Hip Hop Shakespeare Fusion written and performed by Devon Glover.

SCIENCE@PLAY 2021
Flatten the Curve by Diana Burbano (Commissioned by SPARC) Sapience by Diana Burbano
Heart Shaped Nebula by Marisa Treviño Orta,
When public outdoor gatherings became possible in summer of 2021, we initiated our new home at Darcie Kent Vineyards with the first iteration of a live musical revue Life is a Cabernet.

SHAKESPEARE IN THE VINEYARD HISTORY (partial)
2019 – Wente Vineyards
The Complete Works of William Shakespeare (abridged)[revised] by Adam Long, Daniel Singer & Jess Winfield directed by Mary Ann Rodgers Othello by William Shakespeare directed by Michael Wayne Rice. 2018 – Wente Vineyards
The Winter’s Tale by William Shakespeare directed by Lisa A. Tromovitch The Importance of Being Earnest by Oscar Wilde directed by Domenique Lozano 2017 -Wente Vineyards
Cyrano de Bergerac adapted and directed by Lisa A. Tromovitch A Midsummer Night’s Dream by William Shakespeare
2016 – Wente Vineyards
The Tempest by William Shakespeare
Persuasion adapted by Jennifer Le Blanc from the novel by Jane Austen 2015 – Wente Vineyards
As You Like It by William Shakespeare
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BOARD OF

DIRECTORS
Executive Committee
Gabriel Bryan Balazs, Board Chair
(Joined in 2018, term ends 2024)
Lawrence Livermore National Laboratory, Retired
Bobby Ramirez, Vice Chair
(Joined in 2020, term ends 2026)
First Republic Bank, Manager
Ellen Goold, Secretary
(Joined in 2015, term ends 2024)
Realtor®, Legacy Real Estate & Associates
Steve Lanza, Treasurer
(Joined in 2020, term ends in 2026
Retired, VP Lam Research; Principal, Tri-Valley Advising Lisa A. Tromovitch, President/Producing Artistic Director (Joined at incorporation in 2006, term renews with position) Professor, University of the Pacific, Department of Art, Media, Performance & Design Board Members
Laura Batti (Joined in 2014, past Chair, term ends in 2023) Co-Owner/President – Métier Marketing Communications, Inc.

Tony Baylis (Joined in 2020, term ends in 2026)
Director of Strategic Diversity & Inclusion Programs,
Lawrence Livermore National Laboratory
Bob Koelle, (Joined in 2019, term ends 2025)
Drug Safety Operations Director, Exelixis
Lawrence Lagin (Joined in 2019, term ends in 2025)
Principal, Lawrence Livermore National Laboratory
Mary Sweeney (Joined in 2018, term ends in 2024)
RN Property Owner/Manager since 1995
Elizabeth E. Trutner (Joined in 2006, past Chair, term renews as Attorney of Record) Trutner Law Offices, Retired
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Project & Program Grant
City of Livermore
Office of Innovation & Economic Development Commission for the Arts
Application Form, Instructions, and Checklist
Applications are due on March 1 and September 1 each year Completed grant applications must be:
❖ Delivered (in person or by commercial service such as FedEx, UPS, etc.) to the Office of Innovation & Economic Development c/o Commission for the Arts by 5 p.m. on March 1 and September 1, or ❖ Sent First Class or Priority Mail by the US Postal Service to be received at the City no later than March 1 and September 1.

Send or deliver applications to:

City of Livermore
Office of Innovation & Economic Development
Staff Liaison for the Commission for the Arts 1052
S. Livermore Avenue
Livermore, CA 94550
This packet contains the Application Checklist and instructions for completing the application.

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Applicant Name: SPARC Theater
APPLICATION CHECKLIST - This Checklist is required and must be submitted as part of the completed Application. All Project & Program Grant applicants are required to submit the following:

1. Applicants must not modify the format of the application form or exceed the maximum length of any section of the form, except where otherwise noted.

2. All required attachments (except pre-printed ones) must be typed or computer-prepared in a type size that is no smaller than 12 pt. Times/Times New Roman, or 10 pt. Arial/Helvetica.

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February 21, 2023
Certification
If applicant is an organization:

I certify that the by-laws of this organization or a resolution of its governing body authorizes me to enter into legal agreements for the organization and to submit this application. To the best of my knowledge and belief, this organization meets the appropriate eligibility requirements. I have reviewed the information in this application and all attachments, and I certify that they are true and correct. ____________________________________ ____________________________________ Authorized Officer’s Signature Date
Lisa A. Tromovitch Artistic Director
____________________________________ ___________________________________ Print Name of Officer signing this form Title of Officer signing this form ------------------------------------------------------------------------------------------------------------------------------- - or -
If applicant is an individual artist:

To the best of my knowledge and belief, I meet the appropriate eligibility requirements. I have reviewed the information in this application and all attachments, and I certify that they are true and correct.

Artists Signature Date
Print name of Artist signing this form
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Deadline: Hand delivered or received via US Mail by 5:00 pm on March 1 or September 1 Submission Date: March 1, 2023
Amount of Grant Request: $ 10,000 Total Project Budget: $ 28,768 Applicant/Organization: SPARC Theater
Applicant/Organization’s Address: 2172 Railroad Avenue, Livermore, CA 94550 Applicant/Organization’s Web site: sparctheater.org
Preparer’s Name and Title: Lisa A. Tromovitch
Preparer’s Phone: 925-443-2273 Preparer’s E-mail: [email protected] Address (for formal notification): 2172 Railroad Avenue, Livermore, CA 94550
Describe the art form of the project or program for which support is requested (i.e., Dance, Theater, Visual Arts, Heritage, Infrastructure, Media/Film/New Media, etc.):

Theater
Briefly describe the project or program for which support is requested:

We respectfully request funds toward the upgrade and installation of lighting equipment for our outdoor theater venue at Darcie Kent Vineyards for our summer 2023 season.

Number of people intended to reach: Audience: 3500 Participants: 330 For the purpose of this application, “audience” means the people who will attend the project or program; “participant” means someone who attends a workshop or class, or else has hands-on involvement in the project or program. If the project or program will have both audiences and participants as defined here, please enter both goals.

Date project or program is scheduled to begin: May 15, 2023 Note: Project events may begin no earlier than two (2) months after the application deadline.

Date project or program is scheduled to end: August 8, 2023 If needed, please use additional paper for this section.

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1. State/describe your organization’s mission or provide an artist’s statement. Include the kind of arts work the organization or artist has done previously and does now. How does this work relate to the proposed project/program? If yours is not an arts organization, state briefly how the arts relate to its mission. (250 words or less)
At SPARC, we are committed to creating community through the production of high-quality professional theater experiences. We produce and support theatrical events which celebrate the human adventure, inspired by the poetry and rhetoric of William Shakespeare, who gave voice to our deepest experiences. We are creating a company that is accessible and fully integrated with the Tri-Valley community and invite the participation of our Central Valley and Greater Bay Area neighbors.

Our flagship program is Shakespeare in the Vineyards. For twenty years, in partnership with five different Livermore winegrowers, we have produced fully staged and professionally designed plays, performing in outdoor venues where audiences can celebrate the art and ambience with friends and family.

Our Education programs bring the power of imaginative language to students through in-class sessions, afterschool programs, and summer camps. In partnership with the Livermore Valley Joint Unified School District, we provide teaching artists at no cost to every second-grade class for ten weeks of creative play and critical thinking in a program called "So Wise So Young."
Science@Play is our social justice program. In this research and development wing of the company, we commission new plays from authors of color, centering characters who are scientists of color. In the first two years of this five-year program, we have produced festivals of staged readings at the intersection of storytelling and scientific truth.

Our mission is to create community through theater.

2. Describe the project or program for which you are seeking the grant. Discuss the project’s origins.

Describe the venue/location, the implementation process, and the timeframe. Discuss the resources — people, money, etc. — you will need to implement the project, whether you already have those resources within your organization or, if not, how you plan to obtain them.

In 2022, SPARC Theater returned to live performances for an enthusiastic audience of 2500 patrons enjoying the views and the wine as well as the theater. After many months of COVID isolation, we provided the occasion for Livermore Valley residents to come together and imagine new worlds, at our new home at Darcie Kent Vineyards. With support from the City of Livermore, as well as corporate and individual donors, we built a new outdoor stage. Unfortunately, for lighting the plays, we had to borrow, rent, scrounge and MacGyver the equipment. For 2023, we need to stabilize the situation.

These aren’t lights you can buy at a big-box store; they are specialized, outdoor-rated, LED-based units, with precise cabling and clamp needs, both to be safe in a windy setting and to communicate electronically with the light board. LED lights are more energy-saving and durable than traditional instruments. Our shopping list includes unusual items like “19 degree lens tubes” and “Cheeseboroughs,” The primary purchase will be 8 Leko lighting instruments rated for outdoor use, which cost over $2000 each. These lighting instruments will last many summers, keeping our expenses more predictable.

We have received one grant of $1000, and have two applications in process from previous funders, for $10,000 and $5000, toward the total cost of $28,768. We will rely on our individual donors for the final $2768.

If we are not awarded these grants, we would rent, rather than buy, some of the equipment and draw down our cash reserves for the balance.

Our lighting designer Mitchell Ost has designed the new lighting equipment plan and priced the various components. We will be purchasing the equipment in late May and early June and installing it on June 13 and 14, for performances June 22-August 6. We will take it down for storage on August 7 and 8, 2023.

This equipment will illuminate our summer season of Silent Sky, a contemporary play about 19th century astronomer Henrietta Leavitt by Lauren Gunderson, and Much Ado About Nothing by William Shakespeare.

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3. How will the requested grant be used in the planning and implementation of the project or program? (500 words or less.)
The City of Livermore Project grant will be used to purchase equipment for our lighting plan below.

Item Price Quantity Total
LED Leko rated for outdoor use 2,235.00 8 17,880.00
19 degree lens tube 280.00 4 1,120.00
14 degree lens tube 360.00 4 1,440.00
Cheeseborough 54.86 16 877.76
Schedule 40 Pipe 108.01 4 432.04
Truss Base Plate 1,251.00 2 2,502.00
25 lbs sandbag 50.00 60 3,000.00
ETC Gadget $225.00 1 $225.00
C clamp 16.67 8 133.36
Safety Cable 5.74 8 45.92
10' Powercon 75.60 6 453.60
10' DMX Cable 14.14 6 84.84
DMX M-F Adapter 18.45 2 36.90
DMX F-M Adapter 18.45 2 36.90
$28,268
Personnel
Design and Pricing - Mitchell Ost 500.00
$500
TOTAL EXPENSES $28,768

4. Describe how the program or project specifically addresses one or more of the main strands found in the Cultural Arts Master Plan, artsAlive! (Refer to the Cultural Arts Master Plan Executive Summary in the Public Art Policy Guideline manual.) (250 words or less.) We excite the imagination of the community, as they come together to share the experience of live theater together, strengthening the community after so many years of COVID shutdown.

Our unique program of performing high-quality theater literally in the vineyards promotes the Livermore Winegrowing region to visitors. Approximately 35% of our patrons live outside the Tri-Valley area. In SPARC’s twenty years, we have performed at five different wineries, contributing to the character and heritage of Livermore. We strive to be accessible to all. In our audience survey, 45% described their annual household income as under $150,000.

SPARC is committed to continually striving for diversity, equity, and inclusion in its hiring practices. Our objective is to reflect the diversity of our Bay Area audience members on stage and behind the scenes.

Diversity, equity, and inclusion also extends into SPARC’s organizational management and education programs. For many years, SPARC has been committed to the hiring of women practitioners, who have been too-often sidelined in American theater. At present, our permanent staff is exclusively female.

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With this new equipment, SPARC Theater will shine a light on stories and storytellers in the Livermore Valley.

Bringing the community together to imagine new futures, to recognize ourselves in stories not our own, and to share laughter under the stars is the enduring community benefit we provide.

5. List the individual(s) or organization(s) you will be partnering with on this project. Be specific regarding the support, both financial and in-kind, they will be providing.

We have a grant application pending with the Rotarian Foundation of Livermore, for $10,000.

We have approached the Fremont Bank Foundation for a grant of $5000.

Both organizations have funded us in the past.

We have secured $1000 from the Rotary Club of Livermore Valley (morning club) Community Grant program.

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Matching Funds
All Project and Program Grant applicants must provide at least a dollar-for-dollar (one-to-one) match for the grant award, no less than 50 percent of which must be a cash match. The cash match must be from sources other than the City of Livermore.

In-kind contributions are allowed as part of the match only on the following limited basis:

1. In-kind contributions cannot be used for more than half of the required match, in other words, they cannot represent more than 50 percent of the value of the grant award; and,

2. The value of in-kind contributions, i.e., goods and services, must offset line item expenditures in the project budget and their value must be documentable with invoices or billing statements.

In-kind contributions must be listed below or on a separate sheet attached to the Budget Notes.

Source Description Fair Market
Value
None at this time. $
$
$
Requested Grant Amount: $ 10,000
Cash Match Amount: $ 10,000
In-kind Match Amount: $ 0
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SPARC Theater – City of Livermore Project and Program Grant Application 2023

PROJECT LEADERS
Mitchell Ost Lighting Designer
Mitchell Ost is an educator and designer specializing in lighting, scenery, and projections. Originally from Chicago, he spent many years based in New York City and traveling the world designing in venues ranging from storefront theaters to opera houses with more than 4,000 seats, retail stores, houses of worship, and more. His hundreds of productions have included theater, opera, dance, fashion shows, concerts, and corporate presentations.

He earned an MFA in Design Pedagogy from Indiana University and a BA in Theater Design/Production from Illinois State University.

He currently teaches theatre design and technology at The College Preparatory School in Oakland, CA.

Lisa A. Tromovitch Founding Artistic Director
Founding Artistic Director Tromovitch is a tenured professor in Media X at University of the Pacific. She has over 50 professional directing credits in six states. She began her career at The Old Globe Theater, where she assisted directors Jack O’Brien, Tom Moore, and the late John Houseman in the rehearsal room and Bob Berlinger in the Play Discovery Program. She is a Backstage West Garland Award and Indy Award winner for her direction of Amadeus at PCPA TheatreFest. Most recently she directed The Winter’s Tale, The Tempest, and her own adaptation of Cyrano de Bergerac for SPARC, as well as Ecce Homo (a new play about performance capture artists) at University of the Pacific.

Lisa was awarded a 2010 Innovation Award for “Risktakers and Dreammakers” hosted by the Livermore Chamber. Past President, Shakespeare Theatre Association.

MFA, Southern Methodist University; BA magna cum laude, Dartmouth College; Phi Beta Kappa.

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SPARC Theater – City of Livermore Project and Program Grant Application 2023

ATTACHMENTS

BROCHURES AND PERFORMANCE PROGRAMS

1. SPARC Corporate Partners brochure

2. SHAKESPEARE IN THE VINEYARD 2022 program

3. SOME HAVE GREATNESS After-school camps social media announcements

4. SCIENCE@PLAY 2023 program

PRESS REVIEWS AND ARTICLES

5. Review of COMPLEAT WORKS from The Indepdendent

6. Preview of SCIENCE@PLAY 2022 from Livermore Vine

7. Profile of Skyler Cooper, actor in OTHELLO from The San Francisco Chronicle

8. Preview of SCIENCE@PLAY 2022 from Pleasanton Weekly
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Cassidy Brown (Director, The 39 Steps) is an actor, director, improviser, speaking coach, and game facilitator working all over the Bay Area in several venues for the last twenty years. Directing credits include the Willows Theater, Traveling Lantern Theatre (both US and UK), Sonoma State University, and YES. As an actor, he has been seen at Berkeley Rep, TheatreWorks, Pacific Rep, Capital Stage, SF Playhouse, and Marin Shakes, to name a few. He teaches games and coaches techies to connect to their emotions with Feet First and Speechless. He also co-hosts a comedy and spirituality podcast called All the Answers. www.getcassidybrown.com Natalia Custodio (Volunteer Scenic Painter) is a Bay Area native, UC Davis graduate in design and theater, and accomplished classical and mariachi violinist. She has designed multiple record wraps & liner notes for international, Grammy-winning musicians through Smithsonian Fo kways Recordings. She is currently an Assistant Vice President of a Livermore credit union, winning multiple marketing and leadership awards in recent years, and is completing her Masters in Design Management from Georgetown University.

Callie Floor (Costume Designer, The Comedy of Errors) returns after having designed LSF's productions Othello and Persuasion. She is the resident designer for the California Revels and spent many years as the Costume Rentals Supervisor for A.C.T. She has a BFA from the University of Utah and a Higher Diploma in Theater Design from the Slade School of Fine Art, University College London.

Jocelyn Leiser Herndon (Costume Designer, Life is a Cabernet) is pleased to be returning to SPARC. She has also designed for San Francisco Shakespeare Festival, The Aurora Theatre, Marin Theatre Company, Pacific Repertory Theatre and Encore Theater. Jocelyn holds an MFA in Costume Design from UCSD and has taught costume and fashion design at the middle school, high school and college levels.

Grant Huberty (Sound Designer), Associate Artist, is pleased to return for another great Shakespeare in the Vineyard season. In addition to sound design for theaters, schools and church groups, Grant also designed and installed the in-the-round sound system for the festival when it was at Wente Vineyards.

Jennifer Johnson (Assistant Costumer, The 39 Steps) started working as the Costume Shop Supervisor at San Joaquin Delta College in 2010. She received her BA in Theater Arts and her MA in Education from the University of the Pacific. Before her employment at Delta, she spent time in Utah as an Apprentice to a Master Tailor. Her Costume Designs include Hansel and Gretel (Stockton Opera), Side By Side (Stockton Theatre Project), and most recently The Winter’s Tale (Livermore Shakespeare Festival). Jennifer has been nominated for several SARTA Elly Awards.

Margarita Kuranova (Stage Manager, The 39 Steps) is a Media X major with a Business minor at University of the Pacific making her debut in theater as an apprentice this summer. She comes to us from Ukraine Gregg Le Blanc (Associate Artist/Festival Photographer) has helped capture Livermore Shakespeare Festival’s magic over the years. You also might have seen him on stage in LSF’s Much Ado About Nothing! Gregg has a Master’s Degree Chemical Engineer from University of California Santa Barbara with a 2nd Year certificate from University of Edinburgh. For more photography follow @CumulusLight, and try liking www.Facebook.com/photogregger! Jennifer Le Blanc (Director, Life is a Cabernet) directed SPARC’s production of Sense and Sensibility and readings of Kindertransport and of Winter’s Passage. She has acted in several SPARC productions including Cyrano de Bergerac and Much Ado About Nothing. Jennifer wrote the adaptation of Jane Austen’s Persuasion produced by SPARC. She is also a teaching artist and received her MFA from the National Theatre Conservatory and her BA in English Literature from U.C. Berkeley. She is an associate artist with SPARC and Perspective Theatre Company, and is part of Playground’s Writers Pool. www.jenniferleblanc.com
Domenique Lozano (Director, The Comedy of Errors) is a Bay Area-based Director, Educator and Actress. She directed The Importance of Being Earnest for SPARC, then Livermore Shakes at Wente Vineyards. She is a Resident Artist with the American Conservatory Theater, (ACT), where she directs the main stage production of A Christmas Carol, as well as having served many years as a core faculty member in the MFA Program. Acting credits include work with such theaters as California Shakespeare Theater, A.C.T., Berkeley Repertory Theatre, San Jose Repertory Theatre, San Jose Stage Company, and the Oregon Shakespeare Festival.

Martie Muldoon (Props Supervisor) has been involved in all areas of production throughout the Tri-Valley area.

Currently she’s on the board of Encore Players, music directing with Tri-Valley Rep, and acting at Broadway Rep (Brentwood). Her previous experience with Livermore Shakes includes acting, music directing and as a volunteer.

Martie is delighted to provide the props for this summer’s shows! Mitchell Ost (Lighting Designer) is excited to be making his SPARC/LSF debut. Recent Bay Area designs include A Gentleman's Guide To Love and Murder (Lamplighters Music Theater) Always, Patsy Cline (Woodminster Musicals), The Three Sisters (Diablo Valley College), Ragtime (Youth Musical Theater Company). Mitchell teaches theater design and technology at The College Preparatory School in Oakland. Proud member United Scenic Artists Local 829. www.mitchellost.com
Karen Riley is an Associate Artist with SPARC who has worked with the Company since 2008 (as Livermore Shakespeare Festival) in a variety of roles including Production Manager and Technical Director. She developed technical theater skills as a student and volunteer at Las Positas College. Karen retired from LLNL in 2015.

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SPARC
Don't be late for this very important
date! Our after-school classes are
starting soon, and we still have plenty
of spots available. Some Have
Greatness is available for 3rd - 8th
grade. To register or for more
information visit our website or click
the link in the bio.

SPARC
Our after-school classes are starting
soon, and we still have plenty of spots
available. Some Have Greatness is
available for 3rd - 8th grade. To
register or for more information visit
our website or click the link in the bio.
“We are such stuff as dreams are made
on, and our little life is rounded with a
sleep.”
― William Shakespeare, The Tempest
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Yes, three. Just three actors...covering all 37 of the Bard’s plays in 97 minutes. I tip my hat to actors Robyn Grahn, Sydney Schwindt and Jed Parsario. Their talents are breathtaking to behold.
“As random and loose as the show appears,,” says Rodgers, “it requires a tremendous amount of focus, strength, discipline, and precision in performance.” The show begins with a parody of Romeo and Juliet, followed by Titus Andronicus performed as a cooking show, then all the histories are acted out as a football game with the ball being a crown.
“The show was not like I expected,” says Zachary George, a freshman at Foothill High School in Pleasanton. “I thought that it would be boring and serious, but it was neither.

One of my favorite scenes was when the actors did Othello. Even though Othello is normally a serious tragedy, they made it light, interesting and funny by rapping it.” The Complete Works is the last of Livermore Shakespeare Festival’s two summer productions, which take place outdoors, under the stars at Wente’s Estate Winery & Tasting Room, 5565 Tesla Road in Livermore.
“Livermore Shakespeare Festival is great,” says Jennifer Achtert, Zachary’s mom. “I like to support regional theater, enjoy a good show, and expose my son to cultural events that might not be his first choice. We saw A Midsummer Night's Dream in 2017 and were impressed, so we’ll keep coming back. I agree that the Othello rap was really well done; I thought the entire show was really funny and creative, while remaining tied to the original Shakespeare.”
The Wente venue offers an in-the-round stage, which is ideal for the Complete Works.

The fourth wall is nonexistent, with actors speaking directly to the audience during much of the play, while the director and stage crew become characters in the play.

Additionally, it is common for the actors to make references to pop culture, or to talk about local people or events.

Some scenes even require audience participation.
“We can rehearse everything that surrounds bringing an unknown person onstage, and we can do everything we can to keep them safe, but what will actually happen when that person is on stage is unknown, a little risky, and a lot of fun,” Rodgers says.

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For the second act, the characters perform an abbreviated version of Hamlet, Shakespeare's greatest work. An audience member is asked to portray Ophelia for the Nunnery Scene, while the rest of the audience makes up Ophelia's subconscious, representing her ego, superego and id. From there, the roller coaster train gathers momentum, careening down the tracks with increasing speed (literally) before it collects itself, and starts to run backwards.

For an evening of non-stop laughs, irresistible joy, and entertainment that manages to be both witty and bawdy, get your tickets now. Upcoming shows run Thursday through Sunday: July 25-28, and August 1-4. All shows begin at 7:30 p.m. Tickets typically range from $18 - $58. Wente wines are available to enjoy during the show.

This will be the last opportunity for attendees to see an in-the-round LSF production at Wente. Next year, LSF moves to traditional outdoor theater at Darcie Kent Vineyards, also on Tesla Road.

Asked if he would recommend The Complete Works of William Shakespeare (abridged)[revised] to other young people, Zachary adds, “I would say that this may not be the play to see if they want to see the more serious plays or to understand the whole story. However, if they want to see a funny play or get a basic idea of Shakespeare's plays while getting a good laugh, then they should go see it.” DocuSign Envelope ID: 79AFB4D4-4FD0-43DE-B9AF-1CC1E0B6B070

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Presented through spoken word, the programs aim to highlight the environmental changes brought on by global warming in the 21st century. Both plays will be performed as live script-inhand, semi-staged readings.

Producing artistic director Lisa Tromovitch described the play series as a combination of social justice, science outreach and the Tri-Valley community. “The Tri-Valley includes two national labs and a lot of companies that engage in science and engineering. So by starting a reading series on science plays is a way of responding directly to our unique community.”
First of the two plays is Tira Palmquist’s "Two Degrees." The plot follows Emma Phelps, a paleoclimatologist, as she is called to a Senate Committee meeting to testify about climate and environmental legislation.

In the play, Emma focuses her work on ice caps in Greenland and conservation methods.

Throughout her experience, Emma grapples with emotional and professional turmoil in her desire for advocacy.

Second of the plays performed will be "Basilosaurus" by Marisela Trevino Orta, which was recently commissioned by SPARC. Its show will be the first public reading for the piece, incorporating audience members and allowing them to give feedback as Orta continues to tweak the script for a final draft. The story was inspired by the evolution of prehistoric whales, according to Orta. “The play isn’t just about the whale and how climate change impacted it,” said Orta in a press release from the Theater. “I very much want to set the narrative in our present time since climate change is impacting our lives regularly in the form of extreme weather, rising sea levels, and rising global temperatures.”
Orta will be present for the shows, actively taking feedback from audience members.

In addition to Orta's work, the theater has commissioned four other plays by various writers. Each piece intentionally comes from diverse playwrights.
“We chose to commission plays from BIPOC (black indigenous and people of color) artists,” Tromovitch said. “We combined our desire to keep artists working, to reach out to our scientific community and to support those artists in our community.” “The theater communities in general in the Bay Area certainly are very engaged in social justice aspects. When we're telling stories and we're depicting people on stage, we want to reflect the whole community, not just a segment of it,” she added.

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Due to the intimate reading style of the shows, Tromovitch explained how each performance will be unique. The plays are read aloud with minimal production, then audience members will be allowed to engage and interact with actors, staff or the playwright “What the audience will hear is something that no one else will ever hear again,” she said. “You actually become a part of the writing process. There may very well be individual line changes from day to day.”
Tromovitch shared what she feels makes the two pieces work well together “One starting point is when the water was sucked out of the oceans to become the polar ice caps, and then the other play talks about a point in the future when those polar ice caps melt again,” she said. “They’re kind of bookends to each other with these two climate change events.” The series will be performed at the SPARC Studio in Livermore through the month of November, with "Two Degrees" shown Nov. 4, 5 and 6, and "Basilosaurus" playing Nov. 18, 19 and 20. Shows begin at 7 p.m.

For tickets and more information about the theater company's productions, visit SparcTheater org
This story was made possible by our Community Leaders
Program partner.

Thank you to for helping to expand local
news coverage in Livermore Learn more
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THEATER
Trans actor Skyler Cooper is a male Othello
after playing the role as female
Lily Janiak July 3, 2019 Updated: July 8, 2019, 10:33 am For classical actors, it’s not uncommon
to revisit the same role multiple times
over the course of a career. For black
classical actors, that’s especially true
with the title role in “Othello, the Moor
of Venice” — the one major role in
Shakespeare’s canon that, at least in
recent decades, has usually been played
by a black performer.

For actor Skyler Cooper, a trans man,
playing Othello twice has meant a much
more unusual, if not one-of-a-kind,
journey. He first played the part as a
woman in Impact Theatre’s so-called
“lesbian” production of the play, in
2005. Now, he’s playing the part as a
man at Livermore Shakespeare Festival,
where Michael Wayne Rice’s
production, set at the end of the
American Civil War, runs through July

21. Those two interpretations bookend Cooper’s own gradual gender evolution. Cooper, a Brooklyn native and an activist and filmmaker in addition to a stage actor, adopted the “androgynous” name Skyler when he was in the Navy, where he served from 1985 to 1996 as an aircraft electrician. For years thereafter, people who didn’t know him assumed he was male. Then, more than a decade ago, after a woman accused him of being in the wrong locker room, he started using men’s rooms to make his life easier. To most of the world, most of the time, he was male. “I was already expressing my gender the way I wanted to. I was loving the woman that I wanted to love,” he says.

But as his body aged, people started to “ma’am” him again, which felt “disjointed,” “violating” in a way that it hadn’t before, he says. He also felt his gender presentation limited his opportunities as an actor, so he started to make connections among the trans community, deciding he identified as a trans man after he’d already done much of his transitioning.

In Shakespeare’s tragedy, gender and race circumscribe Othello’s central act. Othello kills his white wife, Desdemona (Nicole Odell, at Livermore Shakespeare Festival), after the villain Iago (Malcolm Rodgers) Skyler Cooper during a dress rehearsal of Livermore
Shakespeare Festival’s “Othello” at Wente Vineyards
Estate Winery in Livermore. Photo: Scott Strazzante / The Chronicle
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convinces Othello that Desdemona has been cheating on him. He “poisons Othello’s mind,” as Cooper puts it.

In Impact’s “lesbian” production, which was directed by Melissa Hillman, Desdemona “was this validation” to Othello, Cooper recalls.
“I remember someone asked me, ‘How do you kill someone onstage night after night?’ And in that production, it wasn’t her that I was killing,” Cooper says. “It was the thought that she didn’t love me, and as long as she was alive, that thought that she didn’t love me, that I’m not worthy, would still be alive. So, that I could kill.”
Performing the role now as a man at
Livermore Shakes, Cooper sees “a
difference in the way Othello processes
his information, the things that he’s
going through, that he’s getting from
Iago, the stories that he’s hearing —
how it attacks his manhood.
“I don’t know that it attacked this
female Othello’s womanhood. It was
different. There is still that idea that she
couldn’t love me,” but now it’s painful
“because in the context of this world,
I’m a black man who was a slave,
who doesn’t have a lot to offer” apart
from his military skill. This Othello
“will never rise to the level of a white
man. I will never have that immediate
respect that someone can just have for
the color of their skin.”
Cooper believes this male Othello “fell in love with the way (Desdemona) saw him. He’s never seen anyone love him in that way, and so he fell in love with himself. He saw himself beyond the slave, beyond the black man. He saw a human being. And to have that stripped away is just as painful” as when he played the part as female.
“But again, a commander is a commander,” Cooper continues, and some characteristics have persisted across his two interpretations, such as Othello’s leadership ability. There’s also “a sense of feeling my life matters, a sense of pride.”
“One of the things that people recall about the ‘Othello’ with Impact was how fiery and volcanic she was,” Cooper says. Under Hillman’s direction, he didn’t feel “pulled back” from any emotion. By contrast, “I feel that as a male, men are told a lot to control their feelings — don’t get too hot.” Rice and Cooper are bringing out how Othello doesn’t want to believe Iago’s lies.

As a female Othello, Cooper, because of who he is, could express femininity in ways society doesn’t typically allow. As a male Othello, he can do the same with masculinity. In every choice he makes as an Skyler Cooper, playing Othello at the Livermore Shakespeare Festival, made a gradual transition to male in real life.

Photo: Scott Strazzante / The Chronicle
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actor, Cooper has options readily available to him that cisgender or gender-conforming actors might not always have.
“I get to do things that men
oftentimes are not comfortable doing,
whether it be crying or losing their
temper. I get to do that,” Cooper says.

To be clear, Cooper also understands
it’s not that cisgender actors couldn’t
make those choices. “We all have
that muscle, but you make those
choices based on those things you’re
used to using.”
“I try to look at it as an asset, the fact
that I’m a trans man,” Cooper
continues. “I have walked in the
world as a black man; people have
treated me, in my outside world, as a
black male, but my choices have not
been pressured by society (about) what a black man should and should not do. I got to choose what I wanted to do and still be seen as a black male. … As far as a black woman, same thing. I just push back on any notion.”
“Othello”: Written by William Shakespeare.

Directed by Michael Wayne Rice. Through July 21.
$18-$58. Wente Vineyards Estate Winery and Tasting
Room, 5565 Tesla Road, Livermore. 925-443-
2273. www.livermoreshakes.org
Editor’s note: A previous version of this story
misstated the performance history of “Othello.”
Although African American actor Ira Aldridge played
the part as early as 1833, it was common for white
actors to play the part in blackface through the
middle of the 20th century.

Skyler Cooper says he can reach for a wider range of emotions because of being trans.

Photo: Scott Strazzante / The Chronicle
Skyler Cooper rehearses for Livermore
Shakespeare Festival’s “Othello.”
Photo: Scott Strazzante / The Chronicle
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Highlighting the climate crisis
through interactive performances in
Livermore
SPARC Theater announces feature shows in Science@Play series by Nicole Gonzales / Pleasanton Weekly
Uploaded: Tue, Nov 1, 2022, 2:50 pm
'Flatten the Curve' by Diana Barbano from SPARC Theater's 2021 Science@Play reading series.

Pictured (from left to right) Heren Patel, Malcolm Rodgers, Tesia Bell, L. Duarte, and Iris Stone.

A Livermore performing arts group is kicking off its 2022 season of performances.

This year's theme -- the climate crisis.

Shakespeare and Performing Arts Regional Company Theater has announced two new feature shows as part of its second annual Science@Play reading series.

Presented through spoken word, the programs aim to highlight the environmental changes brought on by global warming in the 21st century. Both plays will be done as live, script-in-hand, semi-staged readings.

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Producing artistic
director Lisa
Tromovitch described
the play series as a
combination of social
justice, science outreach
and the Tri-Valley
community.
"The Tri-Valley includes
two national labs and a
lot of companies that
engage in science and
engineering. So by
starting a reading series
on science plays is a
way of responding
directly to our unique community," Tromovitch said.

The first of the two plays is Tira Palmquist's "Two Degrees". The plot follows Emma Phelps, a paleoclimatologist, as she is called to a Senate committee meeting to testify about climate and environmental legislation.

In the play, Emma focuses her work on ice caps in Greenland and conservation methods. Throughout her experience, Emma grapples with emotional and professional turmoil in her desire for advocacy.

The second play will be "Basilosaurus" by Marisela Trevino Orta, which was recently commissioned by SPARC. Its show will be the first public reading for the piece, incorporating audience members and allowing them to give feedback as Orta continues to tweak the script for a final draft.
"The play isn't just about the whale and how climate change impacted it," Orta said in a press release from the SPARC Theater. "I very much want to set the narrative in our present time since climate change is impacting our lives regularly in the form of extreme weather, rising sea levels and rising global temperatures." Orta will be in the house for the shows, actively taking feedback from audience members.

SPARC performers during a Shakespeare in the Vineyards show.

Left to Right: Leyla Modirzadeh, Jack Grable, Jillian Smith and Chloris Li. (Photo by Gregg Le Blanc courtesy of SPARC Theater) DocuSign Envelope ID: 79AFB4D4-4FD0-43DE-B9AF-1CC1E0B6B070

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Aside from Otra's commission, the theater has reserved an additional four other plays by various writers. Each piece intentionally comes from diverse playwrights. "We chose to commission plays from BIPOC (Black, indigenous and people of color) artists," Tromovitch said. "We combined our desire to keep artists working, to reach out to our scientific community and to support those artists in our community." "The theater communities in general in the Bay Area certainly are very engaged in social justice aspects. When we're telling stories and we're depicting people on stage, we want to reflect the whole community, not just a segment of it," she added.

Due to the intimate reading style of the shows, Tromovitch explained how each performance will be unique. The plays are read aloud with minimal production, then audience members will be allowed to engage and interact with actors, staff or the playwright themselves.
"What the audience will hear is something that no one else will ever hear again," she said. "You actually become a part of the writing process. There may very well be individual line changes from day to day."
Tromovitch shared what she feels makes the two pieces work well together, as they are from contrasting starting points scientifically.
"One starting point is when the water was sucked out of the oceans to become the polar ice caps, and then the other play talks about a point in the future when those polar ice caps melt again," Tromovitch said. "They're kind of bookends to each other with these two climate change events."
The series will be performed at the SPARC Studio in Livermore through the month of November, with "Two Degrees" shown this Friday through Sunday (Nov. 4-6) and "Basilosauraus" playing Nov. 18-20. Shows begin at 7 p.m.

To find more information about the theater and its productions, visit sparctheater.org.

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EXHIBIT B

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

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 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. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.

3. Any failure to comply with reporting or other provisions of the policy, DocuSign Envelope ID: 79AFB4D4-4FD0-43DE-B9AF-1CC1E0B6B070

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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.

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

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CITY COUNCIL STAFF REPORT ITEM NO. 5.7
DATE: May 22, 2023
TO: Honorable Mayor and City Council
FROM: Scott Lanphier, Public Works Director
SUBJECT: Resolution of intention to levy annual assessments for the Landscape Maintenance Districts for Fiscal Year 2023-24, preliminarily approve the Consolidated Annual Engineer's Report, and establish a public hearing date for the annual levy of assessments.

RECOMMENDED ACTION
Staff recommends the City Council:

1. Preliminarily approve the Consolidated Annual Engineer's Report for all City Landscape Maintenance Districts.

2. Adopt a Resolution of Intention to:
a. Levy and collect annual landscape maintenance assessments for all Districts formed under the Landscaping and Lighting Act of 1972; and
b. Establish a Public Hearing for June 26, 2023 for the levy of assessments for Fiscal Year 2023-24.

SUMMARY
In order to levy and collect annual assessments for Landscape Maintenance Districts (Districts) under the Landscaping and Lighting Act of 1972 (Act), the City of Livermore (City) must follow certain legal procedures. The City Council previously directed the City Engineer to prepare the Annual Engineer's Report for the Districts for Fiscal Year 2023-24 and the City Engineer has filed the report with the City Clerk. The next step consists of passing a resolution of intention to levy and collect assessments and preliminarily approving the Consolidated Annual Engineer’s Report.

DISCUSSION
The City has adopted the Districts listed below. Under the Act, the City Council must follow certain procedures to levy annual assessments with the Districts. The City Council took initial action for Fiscal Year 2023-24 on April 10, 2023 by adopting Resolution No 2023-054. The next step under the Act is for the City Council to preliminarily approve the Consolidated Annual Engineer’s Report, declare its intent to levy and collect assessments with the Districts in Fiscal Year 2023-24, and establish a public hearing 231
date.

A Consolidated Annual Engineer’s Report (see Attachment 3) has been prepared for the Districts for Fiscal Year 2023-24 in accordance with the requirements of the Act. The Districts are Maintenance District No. LL-1; Annexation Nos. 1989-1, 1989-2, 1989-4, 1990-1, 1990-2; Maintenance District No. LL2; Annexation Nos. 1992-0, 1992-1, 1993-1, 1993-2, 1994-1, 1994-2, 1994-3, 1994-4, 1994-6, 1994-7, 1994-8, 1995-1, 1995-2, 1995-3, 1995-4, 1995-6, 1995-7, 1996-1, 1996-2, 1996-3, 1996-5, 1996-6, 1996-7, 1996-8, 1996-9, 1997-2, 1997-3, 1997-4,1997-5; and Maintenance District Nos. LL-801, LL-802, LL-803, LL-804, LL-805, LL-806, LL-807, LL-808, LL-809, LL-810, LL-811, LL-813, LL-814, LL-815, LL817, LL-818, LL-819, LL-820, LL-821, LL-822, LL-823, LL-824, LL-826, LL-827, LL-828, LL-829, LL-830, LL-831, LL-832, LL-833, LL-835, LL-836, LL-837, LL-838, LL-839, LL-840, LL-841, LL-842, LL-843, LL844, LL-845, LL-846, LL-847, LL-848, LL-849, LL-850, LL-851, LL-852, LL-853, LL-854, LL-855, LL-857, LL-858, LL-859, LL-860, LL-861 LL-862, and LL-863.

Fiscal Year 2023-24 Assessments
There are currently 92 Districts within the City. Of the 92 Districts, 58 operate under the Enduring Cap Policy including the Downtown Landscape Maintenance District (DTLMD), which allows an annual adjustment to the maximum allowable assessment based on the Consumer Price Index (CPI) plus one percent. There are also 30 Districts that operate under the Maximum Cap Policy which allows an annual adjustment to the maximum allowable assessment based on the CPI. The remaining four Districts were formed prior to Proposition 218 and their maximum allowable assessments are determined by the assessment level that was in place at the time Proposition 218 was implemented, plus an annual adjustment based on the CPI. The CPI used to determine annual adjustments is the index for the San Francisco Bay Area for all urban consumers (CPI-U) and is currently 5.30%.

District Policy Allowable Adjustment Proposed Adjustment Enduring Cap CPI-U+1% 6.30%
Maximum Cap CPI-U 5.30%
Pre-Prop 218 CPI-U 5.30%
Staff developed cost estimates that include revenue and expenditure budgets for all Districts based on the anticipated maintenance needs for Fiscal Year 2023-24. District assessments have been proposed based on sustainability (revenues meeting expenses) and on avoidance of volatile assessment adjustments. Attachment 1 shows the comparison of proposed Fiscal Year 2023-24 assessments with Fiscal Year 2022-23 current assessments for all Districts except the DTLMD. Attachment 2 compares existing and proposed assessments for the DTLMD. The proposed assessment rates to be levied for all Districts are all equal to or less than each District's Fiscal Year 2023-24 maximum assessment rates.

Downtown Landscape Maintenance District, LL-859
Assessments for the DTLMD were originally based on estimated maintenance costs and the anticipated timing of any downtown improvements and related development. Assessments are based on actual prior year costs for maintenance services, actual development in place and actual improvements constructed, in addition to anticipated maintenance costs for any new improvements. No new maintenance improvements are proposed for Fiscal Year 2023-24. The proposed assessment rates to be levied are all equal to or less than each District's Fiscal Year 2023-24 maximum assessment rates.

FISCAL AND ADMINISTRATIVE IMPACTS
Property owners within each District pay assessments to cover the cost of landscape maintenance, 232
utilities, operation, and maintenance of equipment. Maintenance operations are performed by staff and supplemented by private contractors under the direction of staff.

The aggregate projected maintenance costs for all Districts except the DTLMD for Fiscal Year 2023-24 are estimated at approximately $3.3 million. Projected revenue for all Districts except the DTLMD is estimated at approximately $3.4 million. Any funds collected in excess of expenditures remain in each District’s respective account for future needs such as asset replacement or periodic maintenance operations.

The DTLMD has projected maintenance costs of approximately $860,400 in Fiscal Year 2023-24.

Projected revenue for the DTLMD is about $472,500. The total cost for maintaining the improvements in the DTLMD includes a general benefit to the public of approximately $166,400 which the City pays directly. Additionally, the City’s General Fund will also make a supplemental contribution of approximately $221,500 because entitlements for certain properties have expired and the maximum allowable assessments proposed to be levied against the parcels benefitting from the various improvements are not sufficient to cover the projected costs. The City's Fiscal Year 2023-24 budget includes funding for these assessments.

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

ATTACHMENTS

1. Proposed Assessments for Districts for FY 2023-24

2. Proposed Assessments for DTLMD LL-859 for FY 2023-24

3. FY 2324 Consolidated Engineer's Report

4. Resolution
Prepared by: Marisa Gan
Management Analyst II
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
233
Proposed Assessments for Landscape Maintenance Districts Fiscal Year 2023-2024
Districts with Enduring Caps
District
No. District Name
Maximum
Assessment
FY 2023-2024
($)
Current
Assessment
FY 2022-2023
($)
Proposed
Assessment
FY 2023-2024
($)
801 Mt. Day 622.40 585.50 622.40
802 Lomitas/Ryan 134.55 126.57 134.55
803 Ridgecrest 967.22 909.88 967.22
804 Sonterra 836.40 464.57 493.85
806 Saddleback 504.94 475.00 504.94
807 Altamar 580.36 416.68 442.94
808 Meadows 699.43 510.05 542.20
810 Contractor's Place T-7090 798.56 725.75 771.49
811 Altamont #2 676.21 578.08 614.51
814 Maralisa II 223.20 209.97 223.20
823 Dunsmuir 1,330.88 710.46 755.24
833 Creekside 371.64 277.98 295.50
845 Alden Lane Estates 1033.51 869.62 924.43
846 Rosegate 502.24 143.45 152.38
847 Creekside Villas 174.76 40.99 43.57
848 Scenic 7 Hills 1,355.28 1078.05 1145.99
849 Habitat for Humanity 671.03 324.31 344.75
851 L St. Traffic Calming 288.90 38.08 40.48
852 Vineyard Gate 2 3,292.28 1,422.92 1,512.60
854 Northbrook Homes-The Grove 1,777.83 1,179.10 1,253.41 855 Oaks Business Park 2,772.08 595.13 632.64
857 Shea Center 533.87 95.67 101.70
858 Arroyo Crossings 1,714.66 318.82 338.91
860 Orchid Place 4,603.07 1,685.89 1792.14
861 Kohls 2647.76 764.46 812.64
862 Magnolia Place 569.64 160.29 170.39
863 The Vines 663.95 354.89 377.26
1989-1 Autumn Valley 239.15 224.97 239.15
1989-2 Stratford 489.08 366.42 389.51
1989-4 Amber Ridge 527.10 495.85 527.10
1990-2 Monticello 540.83 508.77 540.83
1992-0 Portola Glen 1077.33 1012.13 1075.92
1992-1 Scenic Arroyo Estates 300.22 223.20 237.27
1994-1 Danbury 225.56 212.19 225.56
1994-2 Portola Meadows 305.17 247.23 262.81
1994-3 California Promenade I 429.34 352.80 375.03
1994-4 Windmill Springs 183.99 154.65 164.40
1994-6 California Nugget I 872.70 820.96 872.70
1994-7 Rincon Estates 77.98 62.97 66.94
1994-8 Hallmark Collection 170.77 142.61 151.60
1995-1 Orchard Business Park 237.99 216.29 229.92
1995-2 Sandhurst 264.69 177.07 188.23
1995-4 Airport Business # 1 2,234.80 919.00 976.92
ATTACHMENT 1
234
Proposed Assessments for Landscape Maintenance Districts Fiscal Year 2023-2024
Districts with Enduring Caps
District
No. District Name
Maximum
Assessment
FY 2023-2024
($)
Current
Assessment
FY 2022-2023
($)
Proposed
Assessment
FY 2023-2024
($)
1995-6 Alden Estates 640.28 602.32 640.28
1995-7 Scenic Links 278.67 137.30 145.95
1996-1 Portola Collection 491.31 346.80 368.66
1996-2 Altamont #1 886.09 318.17 338.22
1996-3 Beck - Concannon Blvd/Murdell Lane 725.84 682.81 725.84 1996-5 Sterling Reserve 1 378.49 306.61 325.93
1996-6 Sterling Reserve 2 371.62 349.59 371.62
1996-7 Devon Place T-6801 1,644.61 1252.62 1252.62
1996-8 Maralisa I 334.71 314.87 334.71
1996-9 California Ranch 152.75 143.69 152.75
1997-2 California Mountain View - 1 122.55 110.75 117.73 1997-3 California Mountain View - 2 109.42 89.56 95.20
1997-4 National Drive 109.82 70.66 75.11
1997-5 Dover 709.23 443.41 471.36
* See Section IV of this Report for information regarding the Downtown Landscape Maintenance District, LL-859 ATTACHMENT 1
235
Proposed Assessments for Landscape Maintenance Districts Fiscal Year 2023-2024
Districts with Max Caps
District No. District Name
Maximum
Assessment FY
2023-2024 ($)
Current
Assessment FY
2022-2023 ($)
Proposed
Assessment FY
2023-2024 ($)
805 The Greens, Tournament 1,127.15 504.71 531.47
809 Capistrano 488.77 62.68 66.00
813 Vintage Collection 1,500.17 1,118.32 1,177.62
815 Bluffs 611.10 580.33 611.10
817 Lomitas/Evans 1,587.45 966.11 1017.34
818 Airport Business Park Site #2 2,379.63 1,665.92 1,754.25 819 Vintner Place 1,729.84 885.05 931.98
820 Arroyo Road/Lomitas Avenue 2,353.86 1,279.97 1,347.84 821 Shea Business Center 503.32 241.85 254.67
822 Prima 315.71 299.81 315.71
824 Vintner Estates 2,466.45 1,104.28 1,162.83
826 Park Lane 561.77 533.48 561.77
827 Kristopher Ranch 636.06 382.84 403.14
828 Scenic Meadows 276.83 108.42 114.17
829 Larry's Place 3,138.94 1,969.46 2,073.89
830 Vinsanto 551.98 254.04 267.51
831 Sevillano 1,094.61 1,039.49 1,094.61
832 California Nugget II 696.34 661.28 696.34
835 Ashford Renaissance 1,972.19 1,111.71 1,170.66
836 Legacy 3,713.82 1,557.45 1,640.03
837 Los Olivos 1,172.52 1,113.48 1,172.52
838 Ponderosa - Legacy 1,582.57 1,066.97 1,123.54
839 Reserves 283.38 269.11 283.38
840 Birchwood 495.94 192.26 202.45
841 Vineyard Gates I 1022.54 971.05 1022.54
842 Lennox 3,142.09 871.57 917.78
843 Parkside Tiffany Collection 2,249.24 2,067.61 2,177.24 844 Cornerstone 296.99 282.04 296.99
850 Arroyo Plaza II 1048.07 408.82 430.50
853 Ladera Estates 4,329.32 2,040.03 2,148.20
ATTACHMENT 1
236
Proposed Assessments for Landscape Maintenance
Districts Fiscal Year 2022-23
Pre-Proposition 218 Districts
District
Number
District
Name
Maximum
Assessment
FY 2023-24
($)
Current
Assessment FY
2022-23
($)
Proposed
Assessment FY
2023-24
($)
1990-1 Silver Oaks 359.47 341.37 359.47
1993-1 Tapestry 415.75 394.82 415.75
1993-2 Walmart 101.43 40.38 42.52
1995-3 Jack London Place 134.26 127.50 134.26
ATTACHMENT 1
237
City of Livermore - Maintenance District No. LL-859
Maximum & FY 2023-24 Assessment Roll
(Maximum Assessments may be Increased by the Prior Year's Change in the CPI plus 1% each Fiscal Year) Maximum Maximum Maximum Maximum FY 2023-24 FY 2023-24 FY 2023-24 FY 2023-24 Streetscape Trail Frontage Area Park/Plaza Trail Maximum Frontage Area Park/Plaza Trail FY 2023-24 Property Parcel No. Class Zone Zone Frontage Imp Sq Ft Assessment Assessment Assessment Assessment Assessment Assessment Assessment Assessment Assessment Assessment* Address 097 -0001-009-00 COM A1 2 66.260 3,791 $3,100.70 $1,570.57 $166.21 $9.77 $4,847.25 $3,100.70 $1,570.57 $63.47 $0.00 $4,734.74 2226 1ST ST097 -0001-010-00 COM A1 2 17.740 1,998 $830.16 $827.75 $87.60 $5.15 $1,750.66 $830.16 $827.75 $33.45 $0.00 $1,691.36 2206 1ST ST097 -0001-011-00 COM A1 2 25.000 2,600 $1,169.90 $1,077.15 $113.99 $6.70 $2,367.74 $1,169.90 $1,077.15 $43.53 $0.00 $2,290.58 2200 1ST ST097 -0001-012-00 COM A1 2 25.860 2,500 $1,210.14 $1,035.73 $109.61 $6.44 $2,361.92 $1,210.14 $1,035.73 $41.85 $0.00 $2,287.72 2196 1ST ST097 -0001-013-00 COM A1 2 25.000 2,600 $1,169.90 $1,077.15 $113.99 $6.70 $2,367.74 $1,169.90 $1,077.15 $43.53 $0.00 $2,290.58 2190 1ST ST097 -0001-014-00 COM A1 2 60.000 8,120 $2,807.76 $3,364.03 $356.01 $20.92 $6,548.72 $2,807.76 $3,364.03 $135.94 $0.00 $6,307.72 2184 1ST ST097 -0001-015-00 COM A1 2 105.990 4,249 $4,959.91 $1,760.32 $186.29 $10.95 $6,917.47 $4,959.91 $1,760.32 $71.14 $0.00 $6,791.36 2136 1ST ST097 -0001-016-00 COM A1 2 23.300 1,918 $1,090.35 $794.61 $84.09 $4.94 $1,973.99 $1,090.35 $794.61 $32.11 $0.00 $1,917.06 2118 1ST ST097 -0001-017-00 COM A1 2 56.000 6,608 $2,620.58 $2,737.63 $289.72 $17.02 $5,664.95 $2,620.58 $2,737.63 $110.63 $0.00 $5,468.84 2112 1ST ST097 -0001-018-00 COM A1 2 27.000 1,300 $1,263.49 $538.58 $57.00 $3.35 $1,862.42 $1,263.49 $538.58 $21.76 $0.00 $1,823.82 2086 1ST ST097 -0001-020-00 COM A1 2 26.000 1,320 $1,216.70 $546.86 $57.87 $3.40 $1,824.83 $1,216.70 $546.86 $22.10 $0.00 $1,785.66 2080 1ST ST097 -0001-022-02 VCOM A1 2 20.500 0 $959.32 $0.00 $0.00 $0.00 $959.32 $959.32 $0.00 $0.00 $0.00 $959.32 2038 1ST ST097 -0001-023-00 COM A1 2 50.000 3,447 $2,339.80 $1,428.06 $151.13 $8.88 $3,927.87 $2,339.80 $1,428.06 $57.71 $0.00 $3,825.56 2032 1ST ST097 -0001-024-01 COM A1 2 100.000 1,620 $4,679.60 $671.15 $71.03 $4.17 $5,425.95 $4,679.60 $671.15 $27.12 $0.00 $5,377.86 2008 1ST ST097 -0001-030-02 COM A1 2 31.500 1,320 $1,474.07 $546.86 $57.87 $3.40 $2,082.20 $1,474.07 $546.86 $22.10 $0.00 $2,043.02 2044 1ST ST097 -0001-033-00 COM A1 2 0.000 21,976 $0.00 $9,104.44 $963.52 $56.61 $10,124.57 $0.00 $9,104.44 $367.92 $0.00 $9,472.36 43 S LIVERMORE AVE097 -0001-034-00 COM A1 2 24.000 2,556 $1,123.10 $1,058.93 $112.07 $6.58 $2,300.68 $1,123.10 $1,058.93 $42.79 $0.00 $2,224.82 2056 1ST ST097 -0001-035-00 COM A1 2 36.000 5,212 $1,684.66 $2,159.28 $228.51 $13.43 $4,085.88 $1,684.66 $2,159.28 $87.26 $0.00 $3,931.20 2062 1ST ST097 -0004-001-02 COM B1 2 175.000 11,700 $984.55 $1,455.34 $512.97 $30.14 $2,983.00 $50.29 $74.33 $195.88 $0.00 $320.50 1870 1ST ST097 -0004-002-02 IND B1 2 125.000 18,566 $703.25 $2,309.39 $814.01 $47.83 $3,874.48 $35.92 $117.95 $310.83 $0.00 $464.70 1814 1ST ST097 -0005-001-10 COM B1 2 85.000 7,200 $478.21 $895.59 $315.68 $18.55 $1,708.03 $24.42 $45.74 $120.54 $0.00 $190.70 1790 1ST ST097 -0005-001-11 COM B1 2 189.900 15,844 $1,068.38 $1,970.80 $694.66 $40.81 $3,774.65 $54.57 $100.66 $265.26 $0.00 $420.48 1764 1ST ST097 -0005-001-12 COM B1 2 25.500 13,058 $143.46 $1,624.26 $572.51 $33.64 $2,373.87 $7.33 $82.96 $218.62 $0.00 $308.90 1722 1ST ST097 -0008-001-00 COM B1 2 100.000 1,875 $562.60 $233.23 $82.21 $4.83 $882.87 $28.73 $11.91 $31.39 $0.00 $72.02 1593 1ST ST097 -0008-002-00 COM B1 2 0.000 1,087 $0.00 $135.21 $47.66 $2.80 $185.67 $0.00 $6.91 $18.20 $0.00 $25.10 1576 2ND ST097 -0008-003-00 SFR B1 2 0.000 832 $0.00 $103.49 $209.66 $12.32 $325.47 $0.00 $5.29 $80.06 $0.00 $85.34 1562 2ND ST097 -0008-004-00 COM B1 2 100.000 10,080 $562.60 $1,253.83 $441.95 $25.97 $2,284.35 $28.73 $64.04 $168.76 $0.00 $261.52 1548 2ND ST097 -0008-005-00 COM B1 2 100.000 2,001 $562.60 $248.90 $87.73 $5.15 $904.38 $28.73 $12.71 $33.50 $0.00 $74.94 1543 1ST ST097 -0009-001-00 COM B1 2 100.000 1,032 $562.60 $128.37 $45.25 $2.66 $738.88 $28.73 $6.56 $17.28 $0.00 $52.56 1679 1ST ST097 -0009-003-05 MFR B1 2 0.000 1,675 $0.00 $208.35 $422.09 $24.80 $655.24 $0.00 $10.64 $161.18 $0.00 $171.82 1624 2ND ST097 -0009-003-06 MFR B1 2 0.000 1,675 $0.00 $208.35 $422.09 $24.80 $655.24 $0.00 $10.64 $161.18 $0.00 $171.82 1642 2ND ST097 -0009-003-07 COM B1 2 100.000 1,050 $562.60 $130.61 $46.04 $2.70 $741.95 $28.73 $6.67 $17.58 $0.00 $52.98 1619 1ST ST097 -0009-003-08 MFR B1 2 0.000 2,052 $0.00 $255.24 $517.10 $30.38 $802.72 $0.00 $13.04 $197.45 $0.00 $210.48 1610 2ND ST097 -0009-005-01 OFF B1 2 100.000 1,350 $562.60 $167.92 $84.64 $4.97 $820.13 $28.73 $8.58 $32.32 $0.00 $69.62 1643 1ST ST097 -0009-006-01 OFF B1 2 0.000 8,470 $0.00 $1,053.57 $531.05 $31.20 $1,615.82 $0.00 $53.81 $202.78 $0.00 $256.58 1686 2ND ST097 -0010-001-01 COM B1 2 150.000 1,500 $843.90 $186.58 $65.77 $3.86 $1,100.11 $43.10 $9.53 $25.11 $0.00 $77.74 1771 1ST ST097 -0010-002-03 COM B1 2 0.000 950 $0.00 $118.17 $41.65 $2.45 $162.27 $0.00 $6.04 $15.90 $0.00 $21.94 157 S N ST097 -0010-003-01 SFR B1 2 0.000 1,554 $0.00 $193.30 $391.60 $23.01 $607.91 $0.00 $9.87 $149.53 $0.00 $159.40 1742 2ND ST097 -0010-003-02 SFR B1 2 0.000 957 $0.00 $119.04 $241.16 $14.17 $374.37 $0.00 $6.08 $92.09 $0.00 $98.16 1730 2ND ST097 -0010-004-00 SFR B1 2 0.000 1,144 $0.00 $142.30 $288.28 $16.94 $447.52 $0.00 $7.27 $110.08 $0.00 $117.34 1716 2ND ST097 -0010-007-02 COM B1 2 150.000 1,595 $843.90 $198.40 $69.93 $4.11 $1,116.34 $43.10 $10.13 $26.70 $0.00 $79.92 1737 1ST ST097 -0010-008-05 COM B1 2 0.000 4,015 $0.00 $499.42 $176.03 $10.34 $685.79 $0.00 $25.51 $67.22 $0.00 $92.72 1700 2ND ST097 -0011-001-00 COM B1 2 50.000 4,061 $281.30 $505.14 $178.05 $10.46 $974.95 $14.37 $25.80 $67.99 $0.00 $108.16 1887 1ST ST097 -0011-004-00 COM B1 2 54.000 2,015 $303.80 $250.64 $88.35 $5.19 $647.98 $15.52 $12.80 $33.74 $0.00 $62.06 1845 1ST ST097 -0011-005-03 COM B1 2 92.050 1,472 $517.87 $183.10 $64.54 $3.79 $769.30 $26.45 $9.35 $24.64 $0.00 $60.44 1817 1ST ST097 -0011-006-00 OFF B1 2 104.000 9,596 $585.10 $1,193.63 $601.65 $35.34 $2,415.72 $29.88 $60.96 $229.74 $0.00 $320.58 1859 1ST ST097 -0011-007-00 OFF B1 2 0.000 1,382 $0.00 $171.90 $86.65 $5.09 $263.64 $0.00 $8.78 $33.09 $0.00 $41.86 1859 1ST ST097 -0012-001-01 COM B1 2 150.000 10,800 $843.90 $1,343.39 $473.52 $27.82 $2,688.63 $43.10 $68.61 $180.81 $0.00 $292.52 1987 1ST ST097 -0012-001-02 COM B1 2 104.000 4,230 $585.10 $526.16 $185.46 $10.90 $1,307.62 $29.88 $26.87 $70.82 $0.00 $127.56 1931 1ST ST097 -0012-002-01 COM B1 2 0.000 5,770 $0.00 $717.72 $252.98 $14.86 $985.56 $0.00 $36.66 $96.60 $0.00 $133.26 153 S L ST097 -0012-003-03 COM B1 2 0.000 5,500 $0.00 $684.13 $241.14 $14.17 $939.44 $0.00 $34.94 $92.08 $0.00 $127.02 1986 2ND ST097 -0012-005-00 COM B1 2 46.000 6,900 $258.80 $858.28 $302.52 $17.77 $1,437.37 $13.22 $43.84 $115.52 $0.00 $172.58 1917 1ST ST097 -0013-001-00 COM A1 2 50.000 4,513 $2,339.80 $1,869.69 $197.87 $11.63 $4,418.99 $2,339.80 $1,869.69 $75.56 $0.00 $4,285.04 2083 1ST ST097 -0013-002-00 COM A1 2 0.000 3,164 $0.00 $1,310.81 $138.72 $8.15 $1,457.68 $0.00 $1,310.81 $52.97 $0.00 $1,363.78 2074 2ND ST097 -0013-003-00 SFR A1 2 0.000 3,724 $0.00 $1,542.82 $938.43 $55.13 $2,536.38 $0.00 $1,542.82 $358.34 $0.00 $1,901.16 2046 2ND ST097 -0013-005-00 COM A1 2 0.000 1,375 $0.00 $569.65 $60.29 $3.54 $633.48 $0.00 $569.65 $23.02 $0.00 $592.66 174 S L ST097 -0013-006-01 COM A1 2 100.080 4,185 $4,683.34 $1,733.80 $183.49 $10.78 $6,611.41 $4,683.34 $1,733.80 $70.07 $0.00 $6,487.20 2017 1ST ST

Page 1 of 13 ends

ATTACHMENT
2 238
City of Livermore - Maintenance District No. LL-859
Maximum & FY 2023-24 Assessment Roll
(Maximum Assessments may be Increased by the Prior Year's Change in the CPI plus 1% each Fiscal Year) Maximum Maximum Maximum Maximum FY 2023-24 FY 2023-24 FY 2023-24 FY 2023-24 Streetscape Trail Frontage Area Park/Plaza Trail Maximum Frontage Area Park/Plaza Trail FY 2023-24 Property Parcel No. Class Zone Zone Frontage Imp Sq Ft Assessment Assessment Assessment Assessment Assessment Assessment Assessment Assessment Assessment Assessment* Address 097 -0013-007-03 COM A1 2 49.920 7,150 $2,336.06 $2,962.17 $313.48 $18.42 $5,630.13 $2,336.06 $2,962.17 $119.71 $0.00 $5,417.94 2029 1ST ST097 -0013-008-00 COM A1 2 25.000 2,350 $1,169.90 $973.58 $103.03 $6.05 $2,252.56 $1,169.90 $973.58 $39.34 $0.00 $2,182.82 2041 1ST ST097 -0013-009-00 VCOM A1 2 25.000 0 $1,169.90 $0.00 $0.00 $0.00 $1,169.90 $1,169.90 $0.00 $0.00 $0.00 $1,169.90 2047 1ST ST097 -0013-010-00 COM A1 2 50.000 4,700 $2,339.80 $1,947.16 $206.07 $12.11 $4,505.14 $2,339.80 $1,947.16 $78.69 $0.00 $4,365.64 2059 1ST ST097 -0014-001-01 COM A1 2 50.120 4,550 $2,345.42 $1,885.02 $199.49 $11.72 $4,441.65 $2,345.42 $1,885.02 $76.18 $0.00 $4,306.62 2193 1ST ST097 -0014-002-00 INST A1 2 0.000 10,000 $0.00 $4,142.90 $438.44 $25.76 $4,607.10 $0.00 $4,142.90 $167.42 $0.00 $4,310.32 157 S J ST097 -0014-003-08 COM A1 2 49.880 4,650 $2,334.18 $1,926.45 $203.87 $11.98 $4,476.48 $2,334.18 $1,926.45 $77.85 $0.00 $4,338.48 2175 1ST ST097 -0014-004-03 OFF A1 2 69.000 2,072 $3,228.92 $858.41 $129.91 $7.63 $4,224.87 $3,228.92 $858.41 $49.61 $0.00 $4,136.94 2151 1ST ST097 -0014-005-02 COM A1 2 0.000 800 $0.00 $331.43 $35.08 $2.06 $368.57 $0.00 $331.43 $13.39 $0.00 $344.82 2152 2ND ST097 -0014-005-03 COM A1 2 31.000 4,512 $1,450.68 $1,869.28 $197.82 $11.62 $3,529.40 $1,450.68 $1,869.28 $75.54 $0.00 $3,395.50 2139 1ST ST097 -0014-005-05 COM A1 2 27.000 2,800 $1,263.49 $1,160.01 $122.76 $7.21 $2,553.47 $1,263.49 $1,160.01 $46.88 $0.00 $2,470.38 2133 1ST ST097 -0014-005-06 COM A1 2 23.000 3,180 $1,076.31 $1,317.44 $139.42 $8.19 $2,541.36 $1,076.31 $1,317.44 $53.24 $0.00 $2,446.98 2127 1ST ST097 -0014-006-01 COM A1 2 0.000 5,802 $0.00 $2,403.71 $254.38 $14.95 $2,673.04 $0.00 $2,403.71 $97.14 $0.00 $2,500.84 184 S K ST097 -0014-007-00 COM A1 2 25.000 1,750 $1,169.90 $725.01 $76.73 $4.51 $1,976.15 $1,169.90 $725.01 $29.30 $0.00 $1,924.20 2115 1ST ST097 -0014-008-02 COM A1 2 25.000 1,680 $1,169.90 $696.01 $73.66 $4.33 $1,943.90 $1,169.90 $696.01 $28.13 $0.00 $1,894.04 2121 1ST ST097 -0015-001-00 INST A1 2 40.770 13,772 $1,907.87 $5,705.60 $603.82 $35.48 $8,252.77 $1,907.87 $5,705.60 $230.57 $0.00 $7,844.04 2247 1ST ST097 -0015-002-00 COM A1 2 0.000 5,750 $0.00 $2,382.17 $252.10 $14.81 $2,649.08 $0.00 $2,382.17 $96.27 $0.00 $2,478.44 167 S LIVERMORE AVE097 -0015-004-01 COM A1 2 50.000 6,950 $2,339.80 $2,879.32 $304.72 $17.90 $5,541.74 $2,339.80 $2,879.32 $116.36 $0.00 $5,335.48 2235 1ST ST097 -0015-004-02 COM A1 2 0.000 11,440 $0.00 $4,739.48 $501.58 $29.47 $5,270.53 $0.00 $4,739.48 $191.53 $0.00 $4,931.00 2222 2ND ST097 -0015-005-01 COM A1 2 0.000 1,460 $0.00 $604.86 $64.01 $3.76 $672.63 $0.00 $604.86 $24.44 $0.00 $629.30 160 S J ST097 -0015-005-02 COM A1 2 0.000 3,200 $0.00 $1,325.73 $140.30 $8.24 $1,474.27 $0.00 $1,325.73 $53.57 $0.00 $1,379.30 190 S J ST097 -0015-006-00 COM A1 2 30.000 2,820 $1,403.88 $1,168.30 $123.64 $7.26 $2,703.08 $1,403.88 $1,168.30 $47.21 $0.00 $2,619.38 2205 1ST ST097 -0015-007-00 COM A1 2 20.000 1,880 $935.92 $778.87 $82.43 $4.84 $1,802.06 $935.92 $778.87 $31.47 $0.00 $1,746.26 2211 1ST ST097 -0015-009-00 COM A1 2 21.580 1,297 $1,009.86 $537.33 $56.87 $3.34 $1,607.40 $1,009.86 $537.33 $21.71 $0.00 $1,568.90 2241 1ST ST UNIT B097 -0017-001-00 COM A2 2 0.000 1,689 $0.00 $0.00 $74.05 $4.35 $78.40 $0.00 $0.00 $28.28 $0.00 $28.28 283 S LIVERMORE AVE097 -0017-002-00 COM A2 2 0.000 8,354 $0.00 $0.00 $366.27 $21.52 $387.79 $0.00 $0.00 $139.86 $0.00 $139.86 2287 2ND ST097 -0017-004-00 COM A2 2 0.000 7,108 $0.00 $0.00 $311.64 $18.31 $329.95 $0.00 $0.00 $119.00 $0.00 $119.00 2287 2ND ST097 -0017-007-00 SFR A2 2 0.000 1,128 $0.00 $0.00 $284.25 $16.70 $300.95 $0.00 $0.00 $108.54 $0.00 $108.54 2224 3RD ST097 -0017-008-00 SFR A2 2 0.000 2,231 $0.00 $0.00 $562.20 $33.03 $595.23 $0.00 $0.00 $214.68 $0.00 $214.68 282 S J ST097 -0017-009-00 SFR A2 2 0.000 937 $0.00 $0.00 $236.12 $13.87 $249.99 $0.00 $0.00 $90.16 $0.00 $90.16 266 S J ST097 -0017-010-00 COM A2 2 0.000 5,000 $0.00 $0.00 $219.22 $12.88 $232.10 $0.00 $0.00 $83.71 $0.00 $83.70 2217 2ND ST097 -0017-011-02 COM A2 2 0.000 4,210 $0.00 $0.00 $184.58 $10.84 $195.42 $0.00 $0.00 $70.48 $0.00 $70.48 2247 2ND ST097 -0017-011-03 COM A2 2 0.000 1,539 $0.00 $0.00 $67.48 $3.96 $71.44 $0.00 $0.00 $25.77 $0.00 $25.76 2240 3RD ST097 -0018-001-00 COM A2 2 0.000 2,500 $0.00 $0.00 $109.61 $6.44 $116.05 $0.00 $0.00 $41.85 $0.00 $41.84 2163 2ND ST097 -0018-002-00 COM A2 2 0.000 4,658 $0.00 $0.00 $204.23 $12.00 $216.23 $0.00 $0.00 $77.98 $0.00 $77.98 2180 3RD ST097 -0018-010-02 COM A2 2 0.000 11,523 $0.00 $0.00 $505.21 $29.68 $534.89 $0.00 $0.00 $192.92 $0.00 $192.92 2125 2ND ST097 -0019-002-01 COM A2 2 0.000 4,256 $0.00 $0.00 $186.60 $10.96 $197.56 $0.00 $0.00 $71.25 $0.00 $71.24 275 S K ST097 -0019-004-01 COM A2 2 0.000 1,184 $0.00 $0.00 $51.91 $3.05 $54.96 $0.00 $0.00 $19.82 $0.00 $19.82 282 S L ST097 -0019-005-00 COM A2 2 0.000 5,129 $0.00 $0.00 $224.88 $13.21 $238.09 $0.00 $0.00 $85.87 $0.00 $85.86 202 S L ST097 -0019-008-01 COM A2 2 0.000 7,818 $0.00 $0.00 $342.77 $20.14 $362.91 $0.00 $0.00 $130.89 $0.00 $130.88 235 S K ST097 -0020-007-04 COM B2 2 0.000 41,525 $0.00 $0.00 $1,820.62 $106.97 $1,927.59 $0.00 $0.00 $695.21 $0.00 $695.20 1951 2ND ST097 -0021-003-01 COM B2 2 0.000 10,000 $0.00 $0.00 $438.44 $25.76 $464.20 $0.00 $0.00 $167.42 $0.00 $167.42 287 S M ST097 -0021-004-01 SFR B2 2 0.000 1,234 $0.00 $0.00 $310.96 $18.27 $329.23 $0.00 $0.00 $118.74 $0.00 $118.74 1856 3RD ST097 -0021-004-02 SFR B2 2 0.000 1,024 $0.00 $0.00 $258.04 $15.16 $273.20 $0.00 $0.00 $98.54 $0.00 $98.54 1842 3RD ST097 -0021-005-00 SFR B2 2 0.000 1,040 $0.00 $0.00 $262.08 $15.40 $277.48 $0.00 $0.00 $100.07 $0.00 $100.06 1828 3RD ST097 -0021-006-00 SFR B2 2 0.000 1,316 $0.00 $0.00 $331.63 $19.48 $351.11 $0.00 $0.00 $126.63 $0.00 $126.62 1814 3RD ST097 -0021-007-00 COM B2 2 0.000 1,832 $0.00 $0.00 $80.32 $4.72 $85.04 $0.00 $0.00 $30.67 $0.00 $30.66 1817 2ND ST097 -0022-001-00 COM B2 2 0.000 6,720 $0.00 $0.00 $294.63 $17.31 $311.94 $0.00 $0.00 $112.51 $0.00 $112.50 1783 2ND ST097 -0022-004-02 OFF B2 2 0.000 1,088 $0.00 $0.00 $68.22 $4.01 $72.23 $0.00 $0.00 $26.05 $0.00 $26.04 1713 2ND ST097 -0022-004-03 SFR B2 2 0.000 824 $0.00 $0.00 $207.64 $12.20 $219.84 $0.00 $0.00 $79.29 $0.00 $79.28 1727 2ND ST097 -0022-004-04 SFR B2 2 0.000 1,083 $0.00 $0.00 $272.91 $16.03 $288.94 $0.00 $0.00 $104.21 $0.00 $104.20 1741 2ND ST097 -0023-001-00 SFR B2 2 0.000 969 $0.00 $0.00 $244.18 $14.35 $258.53 $0.00 $0.00 $93.24 $0.00 $93.24 1683 2ND ST097 -0023-006-01 MFR B2 2 0.000 1,296 $0.00 $0.00 $326.59 $19.19 $345.78 $0.00 $0.00 $124.71 $0.00 $124.70 210 S P ST097 -0023-006-05 OFF B2 2 0.000 2,904 $0.00 $0.00 $182.07 $10.70 $192.77 $0.00 $0.00 $69.53 $0.00 $69.52 1617 2ND ST097 -0023-008-00 SFR B2 2 0.000 956 $0.00 $0.00 $240.91 $14.15 $255.06 $0.00 $0.00 $91.99 $0.00 $91.98 1667 2ND ST097 -0023-009-00 SFR B2 2 0.000 1,056 $0.00 $0.00 $266.11 $15.63 $281.74 $0.00 $0.00 $101.61 $0.00 $101.60 1651 2ND ST097 -0024-003-07 SFR B2 2 0.000 1,304 $0.00 $0.00 $328.60 $19.30 $347.90 $0.00 $0.00 $125.48 $0.00 $125.48 220 S Q ST

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ATTACHMENT
2 239
City of Livermore - Maintenance District No. LL-859
Maximum & FY 2023-24 Assessment Roll
(Maximum Assessments may be Increased by the Prior Year's Change in the CPI plus 1% each Fiscal Year) Maximum Maximum Maximum Maximum FY 2023-24 FY 2023-24 FY 2023-24 FY 2023-24 Streetscape Trail Frontage Area Park/Plaza Trail Maximum Frontage Area Park/Plaza Trail FY 2023-24 Property Parcel No. Class Zone Zone Frontage Imp Sq Ft Assessment Assessment Assessment Assessment Assessment Assessment Assessment Assessment Assessment Assessment* Address 097 -0024-003-08 SFR B2 2 0.000 1,052 $0.00 $0.00 $265.10 $15.57 $280.67 $0.00 $0.00 $101.23 $0.00 $101.22 1529 2ND ST097 -0024-005-00 SFR B2 2 0.000 1,121 $0.00 $0.00 $282.49 $16.60 $299.09 $0.00 $0.00 $107.87 $0.00 $107.86 1565 2ND ST097 -0024-006-00 SFR B2 2 0.000 1,121 $0.00 $0.00 $282.49 $16.60 $299.09 $0.00 $0.00 $107.87 $0.00 $107.86 235 S P ST097 -0024-007-00 SFR B2 2 0.000 1,348 $0.00 $0.00 $339.69 $19.96 $359.65 $0.00 $0.00 $129.71 $0.00 $129.70 1561 2ND ST097 -0024-008-00 SFR B2 2 0.000 1,392 $0.00 $0.00 $350.78 $20.61 $371.39 $0.00 $0.00 $133.95 $0.00 $133.94 1557 2ND ST097 -0024-009-00 SFR B2 2 0.000 1,349 $0.00 $0.00 $339.94 $19.97 $359.91 $0.00 $0.00 $129.81 $0.00 $129.80 1553 2ND ST097 -0024-010-00 SFR B2 2 0.000 1,349 $0.00 $0.00 $339.94 $19.97 $359.91 $0.00 $0.00 $129.81 $0.00 $129.80 1549 2ND ST097 -0024-011-00 SFR B2 2 0.000 1,339 $0.00 $0.00 $337.42 $19.82 $357.24 $0.00 $0.00 $128.85 $0.00 $128.84 1545 2ND ST097 -0024-012-00 SFR B2 2 0.000 1,369 $0.00 $0.00 $344.98 $20.27 $365.25 $0.00 $0.00 $131.73 $0.00 $131.72 1541 2ND ST097 -0028-001-00 MFR B3 2 0.000 1,807 $0.00 $0.00 $455.36 $26.75 $482.11 $0.00 $0.00 $173.88 $0.00 $173.88 325 S M ST097 -0028-002-01 COM B3 2 0.000 2,400 $0.00 $0.00 $105.23 $6.18 $111.41 $0.00 $0.00 $40.18 $0.00 $40.18 381 S M ST097 -0028-002-02 COM B3 2 0.000 1,165 $0.00 $0.00 $51.08 $3.00 $54.08 $0.00 $0.00 $19.50 $0.00 $19.50 1858 4TH ST097 -0028-003-06 COM B3 2 0.000 6,412 $0.00 $0.00 $281.13 $16.52 $297.65 $0.00 $0.00 $107.35 $0.00 $107.34 1816 4TH ST097 -0028-004-01 COM B3 2 0.000 5,431 $0.00 $0.00 $238.12 $13.99 $252.11 $0.00 $0.00 $90.93 $0.00 $90.92 1840 4TH ST097 -0028-005-00 SFR B3 2 0.000 1,001 $0.00 $0.00 $252.25 $14.82 $267.07 $0.00 $0.00 $96.32 $0.00 $96.32 1853 3RD ST097 -0028-006-00 SFR B3 2 0.000 995 $0.00 $0.00 $250.74 $14.73 $265.47 $0.00 $0.00 $95.74 $0.00 $95.74 1869 3RD ST097 -0029-001-01 COM B3 2 0.000 7,750 $0.00 $0.00 $339.79 $19.96 $359.75 $0.00 $0.00 $129.75 $0.00 $129.74 325 S L ST097 -0029-002-00 COM B3 2 0.000 6,067 $0.00 $0.00 $266.00 $15.63 $281.63 $0.00 $0.00 $101.57 $0.00 $101.56 381 S L ST097 -0029-004-00 COM B3 2 0.000 1,760 $0.00 $0.00 $77.17 $4.53 $81.70 $0.00 $0.00 $29.47 $0.00 $29.46 1919 3RD ST097 -0030-001-02 MFR A2 2 0.000 1,177 $0.00 $0.00 $296.60 $17.42 $314.02 $0.00 $0.00 $113.26 $0.00 $113.26 2073 3RD ST097 -0030-001-03 OFF A2 2 0.000 1,177 $0.00 $0.00 $73.80 $4.33 $78.13 $0.00 $0.00 $28.18 $0.00 $28.18 2059 3RD ST097 -0030-001-04 MFR A2 2 0.000 1,700 $0.00 $0.00 $428.39 $25.17 $453.56 $0.00 $0.00 $163.58 $0.00 $163.58 2087 3RD ST097 -0030-001-05 SFR A2 2 0.000 1,177 $0.00 $0.00 $296.60 $17.42 $314.02 $0.00 $0.00 $113.26 $0.00 $113.26 343 S K ST097 -0030-002-01 COM A2 2 0.000 2,044 $0.00 $0.00 $89.62 $5.27 $94.89 $0.00 $0.00 $34.22 $0.00 $34.22 2084 4TH ST097 -0030-002-02 COM A2 2 0.000 1,032 $0.00 $0.00 $45.25 $2.66 $47.91 $0.00 $0.00 $17.28 $0.00 $17.28 2052 4TH ST097 -0030-003-00 SFR A2 2 0.000 1,181 $0.00 $0.00 $297.61 $17.48 $315.09 $0.00 $0.00 $113.64 $0.00 $113.64 2038 4TH ST097 -0030-004-00 COM A2 2 0.000 1,928 $0.00 $0.00 $84.53 $4.97 $89.50 $0.00 $0.00 $32.28 $0.00 $32.28 2020 4TH ST097 -0030-007-01 COM A2 2 0.000 5,744 $0.00 $0.00 $251.84 $14.80 $266.64 $0.00 $0.00 $96.17 $0.00 $96.16 314 S L ST097 -0031-001-00 PUB A2 2 0.000 5,400 $0.00 $0.00 $236.76 $13.91 $250.67 $0.00 $0.00 $90.41 $0.00 $90.40 2155 3RD ST097 -0032-002-01 OFF A2 2 0.000 9,560 $0.00 $0.00 $599.39 $35.21 $634.60 $0.00 $0.00 $228.88 $0.00 $228.88 325 S I ST097 -0032-003-00 SFR A2 2 0.000 1,717 $0.00 $0.00 $432.68 $25.42 $458.10 $0.00 $0.00 $165.22 $0.00 $165.22 2254 4TH ST097 -0032-004-01 MFR A2 2 0.000 1,392 $0.00 $0.00 $350.78 $20.61 $371.39 $0.00 $0.00 $133.95 $0.00 $133.94 2238 4TH ST097 -0032-004-02 COM A2 2 0.000 3,298 $0.00 $0.00 $144.60 $8.50 $153.10 $0.00 $0.00 $55.22 $0.00 $55.22 2210 4TH ST097 -0032-005-00 COM A2 2 0.000 1,358 $0.00 $0.00 $59.54 $3.50 $63.04 $0.00 $0.00 $22.74 $0.00 $22.74 2207 3RD ST097 -0032-006-00 COM A2 2 0.000 1,648 $0.00 $0.00 $72.25 $4.25 $76.50 $0.00 $0.00 $27.59 $0.00 $27.58 2221 3RD ST097 -0032-007-00 SFR A2 2 0.000 1,335 $0.00 $0.00 $336.41 $19.76 $356.17 $0.00 $0.00 $128.46 $0.00 $128.46 2235 3RD ST097 -0032-008-00 OFF A2 2 0.000 2,480 $0.00 $0.00 $155.49 $9.13 $164.62 $0.00 $0.00 $59.37 $0.00 $59.36 2257 3RD ST097 -0033-001-03 COM A3 2 0.000 2,541 $0.00 $0.00 $111.41 $6.55 $117.96 $0.00 $0.00 $42.54 $0.00 $42.54 323 S LIVERMORE AVE097 -0033-002-00 COM A3 2 0.000 7,616 $0.00 $0.00 $333.92 $19.62 $353.54 $0.00 $0.00 $127.51 $0.00 $127.50 357 S LIVERMORE AVE097 -0035-001-02 OFF A2 2 0.000 1,576 $0.00 $0.00 $98.81 $5.80 $104.61 $0.00 $0.00 $37.73 $0.00 $37.72 2273 4TH ST097 -0035-006-00 COM A2 2 0.000 2,173 $0.00 $0.00 $95.27 $5.60 $100.87 $0.00 $0.00 $36.38 $0.00 $36.38 2205 4TH ST097 -0035-007-00 SFR A2 2 0.000 902 $0.00 $0.00 $227.30 $13.35 $240.65 $0.00 $0.00 $86.80 $0.00 $86.80 2235 4TH ST097 -0035-008-02 COM A2 2 0.000 1,096 $0.00 $0.00 $48.05 $2.82 $50.87 $0.00 $0.00 $18.35 $0.00 $18.34 2255 4TH ST097 -0036-001-03 COM A2 2 0.000 2,576 $0.00 $0.00 $112.94 $6.64 $119.58 $0.00 $0.00 $43.13 $0.00 $43.12 2181 4TH ST097 -0036-002-02 COM A2 2 0.000 1,870 $0.00 $0.00 $81.99 $4.82 $86.81 $0.00 $0.00 $31.31 $0.00 $31.30 487 S J ST097 -0036-003-00 OFF A2 2 0.000 1,590 $0.00 $0.00 $99.69 $5.86 $105.55 $0.00 $0.00 $38.07 $0.00 $38.06 2162 5TH ST097 -0036-004-00 MFR A2 2 0.000 1,776 $0.00 $0.00 $447.54 $26.29 $473.83 $0.00 $0.00 $170.90 $0.00 $170.90 2150 5TH ST097 -0036-005-00 SFR A2 2 0.000 1,850 $0.00 $0.00 $466.19 $27.39 $493.58 $0.00 $0.00 $178.02 $0.00 $178.02 486 S K ST097 -0036-007-00 OFF A2 2 0.000 2,153 $0.00 $0.00 $134.99 $7.93 $142.92 $0.00 $0.00 $51.55 $0.00 $51.54 2109 4TH ST097 -0036-008-00 OFF A2 2 0.000 3,646 $0.00 $0.00 $228.60 $13.43 $242.03 $0.00 $0.00 $87.29 $0.00 $87.28 2117 4TH ST097 -0036-009-00 COM A2 2 0.000 1,590 $0.00 $0.00 $69.71 $4.10 $73.81 $0.00 $0.00 $26.62 $0.00 $26.62 2157 4TH ST097 -0037-003-00 SFR A2 2 0.000 1,460 $0.00 $0.00 $367.91 $21.61 $389.52 $0.00 $0.00 $140.49 $0.00 $140.48 485 S K ST097 -0037-004-02 CHRCH A2 2 0.000 30,281 $0.00 $0.00 $1,327.64 $78.00 $1,405.64 $0.00 $0.00 $506.96 $0.00 $506.96 2020 5TH ST097 -0038-001-00 OFF B3 2 0.000 2,824 $0.00 $0.00 $177.06 $10.40 $187.46 $0.00 $0.00 $67.61 $0.00 $67.60 411 S L ST097 -0038-004-00 COM B3 2 0.000 2,212 $0.00 $0.00 $96.98 $5.70 $102.68 $0.00 $0.00 $37.03 $0.00 $37.02 1915 4TH ST097 -0038-005-00 MFR B3 2 0.000 3,424 $0.00 $0.00 $862.83 $50.69 $913.52 $0.00 $0.00 $329.48 $0.00 $329.48 1937 4TH ST097 -0039-010-00 OFF B3 2 0.000 6,805 $0.00 $0.00 $426.66 $25.06 $451.72 $0.00 $0.00 $162.92 $0.00 $162.92 1841 4TH ST

Page 3 of 13 ends

ATTACHMENT
2 240
City of Livermore - Maintenance District No. LL-859
Maximum & FY 2023-24 Assessment Roll
(Maximum Assessments may be Increased by the Prior Year's Change in the CPI plus 1% each Fiscal Year) Maximum Maximum Maximum Maximum FY 2023-24 FY 2023-24 FY 2023-24 FY 2023-24 Streetscape Trail Frontage Area Park/Plaza Trail Maximum Frontage Area Park/Plaza Trail FY 2023-24 Property Parcel No. Class Zone Zone Frontage Imp Sq Ft Assessment Assessment Assessment Assessment Assessment Assessment Assessment Assessment Assessment Assessment* Address 097 -0039-011-00 OFF B3 2 0.000 2,887 $0.00 $0.00 $181.01 $10.63 $191.64 $0.00 $0.00 $69.12 $0.00 $69.12 1813 4TH ST097 -0082-001-01 COM B1 2 150.000 5,900 $843.90 $733.89 $258.68 $15.20 $1,851.67 $43.10 $37.48 $98.78 $0.00 $179.36 1485 1ST ST097 -0082-002-00 SFR B1 2 0.000 1,139 $0.00 $141.68 $287.02 $16.86 $445.56 $0.00 $7.24 $109.60 $0.00 $116.84 1494 2ND ST097 -0082-003-00 SFR B1 2 0.000 1,153 $0.00 $143.42 $290.55 $17.07 $451.04 $0.00 $7.33 $110.95 $0.00 $118.28 1478 2ND ST097 -0082-004-00 SFR B1 2 0.000 1,139 $0.00 $141.68 $287.02 $16.86 $445.56 $0.00 $7.24 $109.60 $0.00 $116.84 1462 2ND ST097 -0082-005-00 SFR B1 2 0.000 1,490 $0.00 $185.34 $375.47 $22.06 $582.87 $0.00 $9.47 $143.38 $0.00 $152.84 1446 2ND ST097 -0082-006-00 OFF B1 2 0.000 1,139 $0.00 $141.68 $71.41 $4.19 $217.28 $0.00 $7.24 $27.27 $0.00 $34.50 1430 2ND ST097 -0082-007-07 COM B1 2 0.000 266 $0.00 $33.09 $11.66 $0.69 $45.44 $0.00 $1.69 $4.45 $0.00 $6.14 160 HOLMES ST097 -0082-007-08 COM B1 2 156.450 8,162 $880.19 $1,015.25 $357.85 $21.03 $2,274.32 $44.96 $51.85 $136.65 $0.00 $233.46 1421 1ST ST097 -0082-009-01 COM B1 2 150.120 3,278 $844.58 $407.74 $143.72 $8.44 $1,404.48 $43.14 $20.83 $54.88 $0.00 $118.84 1453 1ST ST097 -0107-001-00 SFR A3 2 0.000 893 $0.00 $0.00 $225.03 $13.22 $238.25 $0.00 $0.00 $85.93 $0.00 $85.92 2493 4TH ST097 -0107-008-00 MFR A3 2 0.000 4,164 $0.00 $0.00 $1,049.31 $61.64 $1,110.95 $0.00 $0.00 $400.68 $0.00 $400.68 454 S LIVERMORE AVE097 -0107-009-02 INST A3 2 0.000 778 $0.00 $0.00 $34.11 $2.00 $36.11 $0.00 $0.00 $13.03 $0.00 $13.02 2475 4TH ST097 -0107-009-03 SFR A3 2 0.000 832 $0.00 $0.00 $209.66 $12.32 $221.98 $0.00 $0.00 $80.06 $0.00 $80.06 2417 4TH ST097 -0107-009-04 SFR A3 2 0.000 1,014 $0.00 $0.00 $255.52 $15.01 $270.53 $0.00 $0.00 $97.57 $0.00 $97.56 2439 4TH ST097 -0107-009-05 SFR A3 2 0.000 1,131 $0.00 $0.00 $285.01 $16.74 $301.75 $0.00 $0.00 $108.83 $0.00 $108.82 2455 4TH ST097 -0108-001-00 MFR A3 2 0.000 2,943 $0.00 $0.00 $741.62 $43.57 $785.19 $0.00 $0.00 $283.19 $0.00 $283.18 2389 3RD ST097 -0108-002-00 SFR A3 2 0.000 1,246 $0.00 $0.00 $313.99 $18.45 $332.44 $0.00 $0.00 $119.90 $0.00 $119.90 333 MCLEOD ST097 -0108-003-00 MFR A3 2 0.000 3,302 $0.00 $0.00 $832.09 $48.88 $880.97 $0.00 $0.00 $317.74 $0.00 $317.74 367 MCLEOD ST097 -0108-004-00 MFR A3 2 0.000 2,337 $0.00 $0.00 $588.91 $34.60 $623.51 $0.00 $0.00 $224.88 $0.00 $224.88 389 MCLEOD ST097 -0108-005-00 COM A3 2 0.000 4,479 $0.00 $0.00 $196.38 $11.54 $207.92 $0.00 $0.00 $74.99 $0.00 $74.98 392 S LIVERMORE AVE097 -0108-006-00 COM A3 2 0.000 3,492 $0.00 $0.00 $153.10 $9.00 $162.10 $0.00 $0.00 $58.46 $0.00 $58.46 358 S LIVERMORE AVE097 -0108-008-03 COM A3 2 0.000 4,845 $0.00 $0.00 $212.42 $12.48 $224.90 $0.00 $0.00 $81.11 $0.00 $81.10 2341 3RD ST097 -0108-010-01 SFR A3 2 0.000 2,052 $0.00 $0.00 $517.10 $30.38 $547.48 $0.00 $0.00 $197.45 $0.00 $197.44 2363 3RD ST097 -0108-012-00 CON A2 2 0.000 2,115 $0.00 $0.00 $532.97 $31.31 $564.28 $0.00 $0.00 $203.52 $0.00 $203.52 318 S LIVERMORE AVE UNIT 1097 -0108-013-00 CON A2 2 0.000 1,727 $0.00 $0.00 $435.20 $25.57 $460.77 $0.00 $0.00 $166.18 $0.00 $166.18 318 S LIVERMORE AVE UNIT 1097 -0108-014-00 CON A2 2 0.000 2,115 $0.00 $0.00 $532.97 $31.31 $564.28 $0.00 $0.00 $203.52 $0.00 $203.52 318 S LIVERMORE AVE UNIT 1097 -0108-015-00 CON A2 2 0.000 1,727 $0.00 $0.00 $435.20 $25.57 $460.77 $0.00 $0.00 $166.18 $0.00 $166.18 318 S LIVERMORE AVE UNIT 1097 -0108-016-00 CON A2 2 0.000 2,115 $0.00 $0.00 $532.97 $31.31 $564.28 $0.00 $0.00 $203.52 $0.00 $203.52 318 S LIVERMORE AVE UNIT 1097 -0108-017-00 CON A2 2 0.000 1,727 $0.00 $0.00 $435.20 $25.57 $460.77 $0.00 $0.00 $166.18 $0.00 $166.18 318 S LIVERMORE AVE UNIT 1097 -0108-018-00 CON A2 2 0.000 800 $0.00 $0.00 $201.60 $11.84 $213.44 $0.00 $0.00 $76.98 $0.00 $76.98 318 S LIVERMORE AVE UNIT 1 097 -0108-019-00 CON A2 2 0.000 1,219 $0.00 $0.00 $307.18 $18.05 $325.23 $0.00 $0.00 $117.30 $0.00 $117.30 318 S LIVERMORE AVE UNIT 2097 -0109-001-00 MFR A2 2 0.000 2,170 $0.00 $0.00 $546.83 $32.12 $578.95 $0.00 $0.00 $208.81 $0.00 $208.80 209 MCLEOD ST097 -0109-003-00 SFR A2 2 0.000 1,342 $0.00 $0.00 $338.18 $19.87 $358.05 $0.00 $0.00 $129.13 $0.00 $129.12 253 MCLEOD ST097 -0109-004-00 MFR A2 2 0.000 2,324 $0.00 $0.00 $585.64 $34.40 $620.04 $0.00 $0.00 $223.63 $0.00 $223.62 277 MCLEOD ST097 -0109-005-00 COM A2 2 0.000 1,301 $0.00 $0.00 $57.04 $3.35 $60.39 $0.00 $0.00 $21.78 $0.00 $21.78 291 MCLEOD ST097 -0109-006-00 COM A2 2 0.000 1,329 $0.00 $0.00 $58.27 $3.42 $61.69 $0.00 $0.00 $22.25 $0.00 $22.24 286 S LIVERMORE AVE097 -0109-007-00 COM A2 2 0.000 2,250 $0.00 $0.00 $98.65 $5.80 $104.45 $0.00 $0.00 $37.67 $0.00 $37.66 254 S LIVERMORE AVE097 -0109-008-01 COM A2 2 0.000 15,000 $0.00 $0.00 $657.66 $38.64 $696.30 $0.00 $0.00 $251.13 $0.00 $251.12 2359 2ND ST097 -0109-010-00 MFR A2 2 0.000 2,104 $0.00 $0.00 $530.20 $31.15 $561.35 $0.00 $0.00 $202.46 $0.00 $202.46 2375 2ND ST097 -0110-001-01 COM A1 2 56.980 3,900 $2,666.44 $1,615.73 $170.99 $10.05 $4,463.21 $2,666.44 $1,615.73 $65.29 $0.00 $4,347.46 2339 1ST ST097 -0110-004-00 COM A1 2 0.000 4,500 $0.00 $1,864.31 $197.30 $11.59 $2,073.20 $0.00 $1,864.31 $75.34 $0.00 $1,939.64 152 S LIVERMORE AVE097 -0110-005-03 PUB A1 2 88.000 0 $4,118.05 $0.00 $0.00 $0.00 $4,118.05 $4,118.05 $0.00 $0.00 $0.00 $4,118.04 116 S LIVERMORE AVE097 -0110-006-01 COM A1 2 57.050 2,500 $2,669.71 $1,035.73 $109.61 $6.44 $3,821.49 $2,669.71 $1,035.73 $41.85 $0.00 $3,747.28 2293 1ST ST097 -0110-009-03 COM A1 2 85.950 6,132 $4,022.12 $2,540.43 $268.85 $15.80 $6,847.20 $4,022.12 $2,540.43 $102.66 $0.00 $6,665.20 2327 1ST ST097 -0110-013-00 COM A1 2 0.000 4,691 $0.00 $1,943.43 $205.67 $12.08 $2,161.18 $0.00 $1,943.43 $78.54 $0.00 $2,021.96 2324 2ND ST097 -0110-014-00 UTI A1 2 0.000 22,680 $0.00 $9,396.10 $994.38 $58.42 $10,448.90 $0.00 $9,396.10 $379.71 $0.00 $9,775.80 2388 2ND ST097 -0112-003-00 MFR A1 2 0.000 2,104 $0.00 $871.67 $530.20 $31.15 $1,433.02 $0.00 $871.67 $202.46 $0.00 $1,074.12 2452 2ND ST097 -0112-004-00 SFR A1 2 0.000 1,288 $0.00 $533.61 $324.57 $19.07 $877.25 $0.00 $533.61 $123.94 $0.00 $657.54 2426 2ND ST097 -0112-005-00 SFR A1 2 0.000 1,403 $0.00 $581.25 $353.55 $20.77 $955.57 $0.00 $581.25 $135.00 $0.00 $716.24 2410 2ND ST097 -0112-006-01 COM A1 2 125.100 7,704 $5,854.18 $3,191.69 $337.77 $19.85 $9,403.49 $5,854.18 $3,191.69 $128.98 $0.00 $9,174.84 142 MCLEOD ST097 -0112-008-01 COM A1 2 50.080 4,250 $2,343.54 $1,760.73 $186.34 $10.95 $4,301.56 $2,343.54 $1,760.73 $71.15 $0.00 $4,175.42 2389 1ST ST097 -0112-010-01 COM A1 2 125.210 7,150 $5,859.33 $2,962.17 $313.48 $18.42 $9,153.40 $5,859.33 $2,962.17 $119.71 $0.00 $8,941.20 2491 1ST ST097 -0113-001-00 MFR A2 2 0.000 3,904 $0.00 $0.00 $983.79 $57.79 $1,041.58 $0.00 $0.00 $375.66 $0.00 $375.66 211 MAPLE ST097 -0113-006-00 MFR A2 2 0.000 2,144 $0.00 $0.00 $540.28 $31.74 $572.02 $0.00 $0.00 $206.31 $0.00 $206.30 244 MCLEOD ST097 -0113-007-03 MFR A2 2 0.000 3,008 $0.00 $0.00 $758.00 $44.53 $802.53 $0.00 $0.00 $289.45 $0.00 $289.44 222 MCLEOD ST097 -0113-008-01 MFR A2 2 0.000 2,040 $0.00 $0.00 $514.07 $30.20 $544.27 $0.00 $0.00 $196.30 $0.00 $196.30 2437 2ND ST

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ATTACHMENT
2 241
City of Livermore - Maintenance District No. LL-859
Maximum & FY 2023-24 Assessment Roll
(Maximum Assessments may be Increased by the Prior Year's Change in the CPI plus 1% each Fiscal Year) Maximum Maximum Maximum Maximum FY 2023-24 FY 2023-24 FY 2023-24 FY 2023-24 Streetscape Trail Frontage Area Park/Plaza Trail Maximum Frontage Area Park/Plaza Trail FY 2023-24 Property Parcel No. Class Zone Zone Frontage Imp Sq Ft Assessment Assessment Assessment Assessment Assessment Assessment Assessment Assessment Assessment Assessment* Address 097 -0113-009-00 MFR A2 2 0.000 1,475 $0.00 $0.00 $371.69 $21.84 $393.53 $0.00 $0.00 $141.93 $0.00 $141.92 2453 2ND ST097 -0113-010-00 SFR A2 2 0.000 1,068 $0.00 $0.00 $269.13 $15.81 $284.94 $0.00 $0.00 $102.77 $0.00 $102.76 2471 2ND ST097 -0130-002-03 OFF C2 2 0.000 2,500 $0.00 $0.00 $156.75 $9.21 $165.96 $0.00 $0.00 $59.85 $0.00 $59.84 2551 2ND ST097 -0130-002-07 SFR C2 2 0.000 2,384 $0.00 $0.00 $600.76 $35.29 $636.05 $0.00 $0.00 $229.40 $0.00 $229.40 2558 3RD ST097 -0130-006-01 SFR C2 2 0.000 2,022 $0.00 $0.00 $509.54 $29.93 $539.47 $0.00 $0.00 $194.57 $0.00 $194.56 240 MAPLE ST097 -0130-006-02 MFR C2 2 0.000 4,063 $0.00 $0.00 $1,023.86 $60.15 $1,084.01 $0.00 $0.00 $390.96 $0.00 $390.96 212 MAPLE ST097 -0131-002-02 COM C1 2 0.000 600 $0.00 $76.49 $26.31 $1.55 $104.35 $0.00 $8.25 $10.05 $0.00 $18.30 2552 2ND ST097 -0131-003-03 COM C1 2 111.810 7,417 $624.91 $945.56 $325.19 $19.11 $1,914.77 $67.38 $101.95 $124.18 $0.00 $293.50 186 MAPLE ST097 -0133-001-01 COM C2 2 0.000 500 $0.00 $0.00 $21.92 $1.29 $23.21 $0.00 $0.00 $8.37 $0.00 $8.36 2778 4TH ST097 -0133-001-02 COM C2 2 0.000 900 $0.00 $0.00 $39.46 $2.32 $41.78 $0.00 $0.00 $15.07 $0.00 $15.06 2794 4TH ST097 -0133-002-02 MFR C2 2 0.000 1,644 $0.00 $0.00 $414.28 $24.34 $438.62 $0.00 $0.00 $158.19 $0.00 $158.18 2762 4TH ST097 -0133-002-03 SFR C2 2 0.000 1,088 $0.00 $0.00 $274.17 $16.11 $290.28 $0.00 $0.00 $104.69 $0.00 $104.68 392 CHURCH ST097 -0133-002-04 SFR C2 2 0.000 1,448 $0.00 $0.00 $364.89 $21.44 $386.33 $0.00 $0.00 $139.33 $0.00 $139.32 374 CHURCH ST097 -0133-002-05 SFR C2 2 0.000 1,268 $0.00 $0.00 $319.53 $18.77 $338.30 $0.00 $0.00 $122.01 $0.00 $122.00 356 CHURCH ST097 -0133-002-06 SFR C2 2 0.000 1,478 $0.00 $0.00 $372.45 $21.88 $394.33 $0.00 $0.00 $142.22 $0.00 $142.22 340 CHURCH ST097 -0133-002-07 SFR C2 2 0.000 1,318 $0.00 $0.00 $332.13 $19.51 $351.64 $0.00 $0.00 $126.83 $0.00 $126.82 2746 4TH ST097 -0133-003-01 SFR C2 2 0.000 2,188 $0.00 $0.00 $551.37 $32.39 $583.76 $0.00 $0.00 $210.54 $0.00 $210.54 2659 3RD ST097 -0133-003-03 SFR C2 2 0.000 1,038 $0.00 $0.00 $261.57 $15.37 $276.94 $0.00 $0.00 $99.88 $0.00 $99.88 2643 3RD ST097 -0133-003-04 MFR C2 2 0.000 750 $0.00 $0.00 $189.00 $11.10 $200.10 $0.00 $0.00 $72.17 $0.00 $72.16 326 CHURCH ST097 -0133-003-05 SFR C2 2 0.000 840 $0.00 $0.00 $211.68 $12.44 $224.12 $0.00 $0.00 $80.83 $0.00 $80.82 306 CHURCH ST097 -0136-001-02 VCOM C1 2 99.620 0 $556.78 $0.00 $0.00 $0.00 $556.78 $60.03 $0.00 $0.00 $0.00 $60.02 2ND ST097 -0136-002-06 COM C1 2 223.830 11,229 $1,250.99 $1,431.53 $492.32 $28.93 $3,203.77 $134.88 $154.35 $188.00 $0.00 $477.22 2256 3RD ST097 -0136-004-06 COM C1 2 122.000 2,734 $681.86 $348.54 $119.87 $7.04 $1,157.31 $73.52 $37.58 $45.77 $0.00 $156.86 3252 4TH ST097 -0136-004-12 COM C1 2 0.000 5,591 $0.00 $712.77 $245.13 $14.40 $972.30 $0.00 $76.85 $93.60 $0.00 $170.44 2954 4TH ST097 -0136-004-23 IND C1 2 169.000 10,200 $944.54 $1,300.35 $447.21 $26.28 $2,718.38 $101.84 $140.21 $170.77 $0.00 $412.82 3170 4TH ST097 -0152-006-00 CON C1 2 7.435 1,744 $41.55 $222.33 $439.48 $25.82 $729.18 $4.48 $23.97 $167.82 $0.00 $196.26 2800 FOURTH ST UNIT 101097 -0152-007-00 CON C1 2 7.435 1,420 $41.55 $181.03 $357.83 $21.02 $601.43 $4.48 $19.52 $136.64 $0.00 $160.64 2800 FOURTH ST UNIT 102097 -0152-008-00 CON C1 2 7.435 1,420 $41.55 $181.03 $357.83 $21.02 $601.43 $4.48 $19.52 $136.64 $0.00 $160.64 2800 FOURTH ST UNIT 103097 -0152-009-00 CON C1 2 7.435 1,744 $41.55 $222.33 $439.48 $25.82 $729.18 $4.48 $23.97 $167.82 $0.00 $196.26 2800 FOURTH ST UNIT 104097 -0152-011-00 CON C1 2 7.435 1,744 $41.55 $222.33 $439.48 $25.82 $729.18 $4.48 $23.97 $167.82 $0.00 $196.26 350 WOOD ST UNIT 201097 -0152-012-00 CON C1 2 7.435 1,117 $41.55 $142.40 $281.48 $16.54 $481.97 $4.48 $15.35 $107.48 $0.00 $127.30 350 WOOD ST UNIT 202097 -0152-013-00 CON C1 2 7.435 1,420 $41.55 $181.03 $357.83 $21.02 $601.43 $4.48 $19.52 $136.64 $0.00 $160.64 350 WOOD ST UNIT 203097 -0152-014-00 CON C1 2 7.435 1,420 $41.55 $181.03 $357.83 $21.02 $601.43 $4.48 $19.52 $136.64 $0.00 $160.64 350 WOOD ST UNIT 204097 -0152-015-00 CON C1 2 7.435 1,117 $41.55 $142.40 $281.48 $16.54 $481.97 $4.48 $15.35 $107.48 $0.00 $127.30 350 WOOD ST UNIT 205097 -0152-016-00 CON C1 2 7.435 1,744 $41.55 $222.33 $439.48 $25.82 $729.18 $4.48 $23.97 $167.82 $0.00 $196.26 350 WOOD ST UNIT 206097 -0152-018-00 CON C1 2 7.435 1,744 $41.55 $222.33 $439.48 $25.82 $729.18 $4.48 $23.97 $167.82 $0.00 $196.26 2812 FOURTH ST UNIT 301097 -0152-019-00 CON C1 2 7.435 1,420 $41.55 $181.03 $357.83 $21.02 $601.43 $4.48 $19.52 $136.64 $0.00 $160.64 2812 FOURTH ST UNIT 302097 -0152-020-00 CON C1 2 7.435 1,420 $41.55 $181.03 $357.83 $21.02 $601.43 $4.48 $19.52 $136.64 $0.00 $160.64 2812 FOURTH ST UNIT 303097 -0152-021-00 CON C1 2 7.435 1,744 $41.55 $222.33 $439.48 $25.82 $729.18 $4.48 $23.97 $167.82 $0.00 $196.26 2812 FOURTH ST UNIT 304097 -0152-023-00 CON C1 2 7.435 1,744 $41.55 $222.33 $439.48 $25.82 $729.18 $4.48 $23.97 $167.82 $0.00 $196.26 266 WOOD ST UNIT 401097 -0152-024-00 CON C1 2 7.435 1,117 $41.55 $142.40 $281.48 $16.54 $481.97 $4.48 $15.35 $107.48 $0.00 $127.30 266 WOOD ST UNIT 402097 -0152-025-00 CON C1 2 7.435 1,420 $41.55 $181.03 $357.83 $21.02 $601.43 $4.48 $19.52 $136.64 $0.00 $160.64 266 WOOD ST UNIT 403097 -0152-026-00 CON C1 2 7.435 1,420 $41.55 $181.03 $357.83 $21.02 $601.43 $4.48 $19.52 $136.64 $0.00 $160.64 266 WOOD ST UNIT 404097 -0152-027-00 CON C1 2 7.435 1,117 $41.55 $142.40 $281.48 $16.54 $481.97 $4.48 $15.35 $107.48 $0.00 $127.30 266 WOOD ST UNIT 405097 -0152-028-00 CON C1 2 7.435 1,744 $41.55 $222.33 $439.48 $25.82 $729.18 $4.48 $23.97 $167.82 $0.00 $196.26 266 WOOD ST UNIT 406097 -0152-030-00 CON C1 2 7.435 1,744 $41.55 $222.33 $439.48 $25.82 $729.18 $4.48 $23.97 $167.82 $0.00 $196.26 274 WOOD ST UNIT 501097 -0152-031-00 CON C1 2 7.435 1,117 $41.55 $142.40 $281.48 $16.54 $481.97 $4.48 $15.35 $107.48 $0.00 $127.30 274 WOOD ST UNIT 502097 -0152-032-00 CON C1 2 7.435 1,420 $41.55 $181.03 $357.83 $21.02 $601.43 $4.48 $19.52 $136.64 $0.00 $160.64 274 WOOD ST UNIT 503097 -0152-033-00 CON C1 2 7.435 1,420 $41.55 $181.03 $357.83 $21.02 $601.43 $4.48 $19.52 $136.64 $0.00 $160.64 274 WOOD ST UNIT 504097 -0152-034-00 CON C1 2 7.435 1,117 $41.55 $142.40 $281.48 $16.54 $481.97 $4.48 $15.35 $107.48 $0.00 $127.30 274 WOOD ST UNIT 505097 -0152-035-00 CON C1 2 7.435 1,744 $41.55 $222.33 $439.48 $25.82 $729.18 $4.48 $23.97 $167.82 $0.00 $196.26 274 WOOD ST UNIT 506097 -0152-037-00 CON C1 2 7.435 1,744 $41.55 $222.33 $439.48 $25.82 $729.18 $4.48 $23.97 $167.82 $0.00 $196.26 2878 FOURTH ST UNIT 1401097 -0152-038-00 CON C1 2 7.435 1,420 $41.55 $181.03 $357.83 $21.02 $601.43 $4.48 $19.52 $136.64 $0.00 $160.64 2878 FOURTH ST UNIT 1402097 -0152-039-00 CON C1 2 7.435 1,420 $41.55 $181.03 $357.83 $21.02 $601.43 $4.48 $19.52 $136.64 $0.00 $160.64 2878 FOURTH ST UNIT 1403097 -0152-040-00 CON C1 2 7.435 1,744 $41.55 $222.33 $439.48 $25.82 $729.18 $4.48 $23.97 $167.82 $0.00 $196.26 2878 FOURTH ST UNIT 1404097 -0152-043-00 CON C1 2 7.435 1,744 $41.55 $222.33 $439.48 $25.82 $729.18 $4.48 $23.97 $167.82 $0.00 $196.26 2933 FIRST ST UNIT 1001097 -0152-044-00 CON C1 2 7.435 1,420 $41.55 $181.03 $357.83 $21.02 $601.43 $4.48 $19.52 $136.64 $0.00 $160.64 2933 FIRST ST UNIT 1002

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Livermore City CouncilMay 22, 2023

Livermore City Council
May 22, 2023