Agenda packet — Livermore City Council, July 24, 2023 (part 3 of 3)

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Space Above This Line for Recorder’s
Use Only

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION SUMMARILY VACATING A PORTION OF PUBLIC RIGHT-OF- WAY KNOWN AS LOT 6 OF PARCEL MAP 6986, RETAINING THE RIGHTS OF EXISTING PUBLIC UTILITY EASEMENT WITHIN LOT 6, AND AUTHORIZING

EXECUTION OF QUITCLAIM DEED
On July 24, 2017, the City Council adopted Resolution No. 2017-136 approving Vesting Tentative Tract Map (VTTM) 8379 Arroyo Vista for the development of 435 residential units.

The tentative map conditions of approval include the requirement that the City vacate and quitclaim Lot 6 of Parcel Map 6986, located at the intersection of Las Positas Road and Bennett Drive, per the requirements noted in the owner’s statement of Parcel Map 6986.

Parcel Map 6986 requires the City to abandon the right-of-way known as Lot 6 of Parcel Map 6986 and deed Lot 6 of said map to the property owner of Lot 5 of said map upon the completion of the realignment of the roadway intersection of Las Positas Road and Bennett Drive. This realignment was completed as part of the overall improvement of the parcel map and therefore Lot 6 is no longer needed as a public right-of-way. The property owner of Lot 5 is TH Arroyo Vista LLC, a California limited liability company and is also the developer for the Arroyo Vista residential development.

The City will retain the rights of the existing public utility easement within Lot 6 to provide future utilities to the Arroyo Vista development and surrounding areas. The vacation is also consistent with the Livermore General Plan Infrastructure and Public Services Element because it ensures that the utilities are available to support new development.

Streets and Highways Code section 8334 allows the legislative body of a local agency to summarily vacate an excess right-of-way of a street or highway not required for street or highway purposes.

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL
TO:

CITY CLERK

CITY OF LIVERMORE
1052 S. LIVERMORE AVENUE
LIVERMORE, CA 94550

EXEMPT FROM FILING FEES
PURSUANT TO GOV.

CODE § 27383
334
On June 6, 2023, the Planning Commission adopted a resolution approving Consistency Determination (CD) 23-001, finding that Lot 6 is no longer needed for present or prospective public use and that the vacation of the Lot 6 right-of-way is consistent with the City of Livermore General Plan.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that to the extent the quitclaim of the right-of-way to be vacated constitutes a project pursuant to the California Environmental Quality Act (“CEQA”), this action is exempt from CEQA pursuant to 14 California Code of Regulations, section 15061 because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and the area to be vacated is being substituted for in a manner that adequately maintains the function of the right of way and consistency with City Standards.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that:

1. Under Division 9, Part 3, Chapter 4 of the Streets and Highways Code, the City Council vacates the public right of way known as Lot 6 of Parcel Map 6986 as shown and described in Exhibit A attached hereto and as described below, while retaining the rights of the existing public utility easements within Lot 6.

The public right of way known as Lot 6 of Parcel Map 6986 is no longer required for street or highway purposes because the realignment of the intersection of Las Positas Road and Bennett Drive, constructed as part of Parcel Map 6986, is complete. Lot 6 is no longer needed for the intersection of Las Positas Road and Bennett Drive. (Streets and Highways Code section 8334.).

2. The City Clerk is directed to file a certified copy of this resolution of vacation with associated legal description with the Alameda County Recorder’s Office.

3. From and after the date this resolution is recorded, the public right of way known as Lot 6 of Parcel Map 6986 is vacated and no longer constitutes a public right- of-way.

4. The City Manager is authorized to execute, on behalf of the City of Livermore, the Quitclaim Deed, attached hereto as Exhibit B, and retain the rights of the existing public utility easement within Lot 6.

On motion of Council Member , seconded by
Council Member , the foregoing resolution was passed and adopted on July 24, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
335
ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Molly O’Toole
Marie Weber Molly O’Toole
City Clerk Deputy City Attorney
Exhibit A – Lot 6 (right-of-way) Plat & Legal Description Exhibit B – Quitclaim Deed, TH Arroyo Vista LLC
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EXHIBIT A
337

CURVE TABLE

NO RADIUS DELTA LENGTH
C1 952.000' 2"31'36" 41.982'
LOT 5
(229 PM 89)
N51 ·51 '12"W (R) R=270'
N24"04' 28"W (R) R=952'
·- N63"23'56"W -·

63.790'
EX 6' PUE PER
229 PM 89 TO REMAIN

LAS POSITAS ROAD

EXHIBITB
�
r---
�
en Q co
..--
E--4
:S= E--4
�co � LO
�
�
EX 6' PUE PER
229 PM 89

TO REMAIN

PORTJON
OF LOT 5
(229 PM 89)

PLAT TO ACCOMPANY LEGAL DESCRIPTION
LOT 6, PARCEL MAP 6986 (229 M 89)

ALAMEDA COUNTY, CALIFORNIA
JUNE 16, 2023
Carlson, Barbee & Gibson, Inc.

CIVIL ENGINEERS • SURVEYORS • PLANNERS
SAN RAMON • (925) 866 - 0322
WEST SACRAMENTO • (916) 375-1877
SHEET 1 OF 1
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EXHIBIT A
338
RECORDING REQUESTED BY:

AND
WHEN RECORDED MAIL TO:

City Clerk
City of Livermore
1052 South Livermore Avenue
Livermore, CA 94550
ABOVE THIS LINE FOR RECORDER’S USE
____________________________________________________________________________________________________ MAIL TAX STATEMENTS TO: The Undersigned grantor(s) declare(s):

CITY TRANSFER TAX $0.00
DOCUMENTARY TRANSFER TAX $ Release of easement
SURVEY MONUMENT FEE $0.00
R&T Code 11911 Value or consideration is less than $100 SAME AS ABOVE Computed on the consideration or value or property conveyed; OR computed on the consideration or value less liens or encumbrances remaining at time of sale. _____________________________________________________________________________________________________________________________ APN’s Exempt from filing fees per Government Code Section §§ 27383 & 6103 099-01325-091 (portion)

QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF LIVERMORE, a Municipal Corporation, “Grantor,”
hereby remises, releases and quitclaims to TH Arroyo Vista LLC, a California Limited Liability Company, (“Grantee”) all right, title, and interest in and to those certain portions of a non-exclusive right-of-way located in the City of Livermore (City), County of Alameda, State of California on the real property held by TH Arroyo Vista LLC Corporation and more particularly identified in Exhibit A and Exhibit B (Legal Description and Plat). This Quitclaim Deed is executed, delivered, and accepted for the purpose of terminating the Quitclaimed right-of-way.

By recording this Quitclaim Deed, Grantee agrees to release and indemnify the Grantor from any and all liability associated with or arising out of the past, current, or future use of the Quitclaimed right-of-way, except to the extent caused by the sole negligence or willful misconduct of the City, its agents, or its employees.

SEE EXHIBITS “A” and “B” ATTACHED HERETO AND MADE A PART HEREOF GRANTOR:

City of Livermore, a municipal corporation
__________________________________ Date: __________________ Signature:

By: Marianna Marysheva
Its: City Manager

EXHIBIT B

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339

EXHIBIT B

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340

EXHIBIT B

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341

State of )
County of )
On before me,
, Notary Public (here insert name and title of the officer), personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

EXHIBIT B

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342

CITY COUNCIL STAFF REPORT
ITEM NO. 5.17

DATE:

July 24, 2023
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution establishing the Appropriations Limitation consistent with State law for FY 2023-24.

RECOMMENDED ACTION

Staff recommends the City Council re-adopt a resolution establishing the Appropriations Limit for FY 2023-24.

SUMMARY
Pursuant to Article XIIIB of the California Constitution, the City is required to establish an annual appropriation limit. The appropriation subject to limitations is to be based on the 1978-79 appropriations adjusted for the changes in the cost of living and population. California Government Code Section 7910 requires every local government to establish its appropriation limit by resolution for the upcoming fiscal year when the budget is adopted. Fifteen days prior to the meeting, documentation used in the determination of the appropriations limit and other necessary determinations needs to be made available to the public.

At the June 12, 2023 City Council meeting, Council approved and adopted the resolution approving the FY 2023-24 annual appropriation limit at $457,826,732. Prior to that meeting Staff did not produce a fifteen-day public notice in advance as required by California Government Code Section 7910. Staff has completed the required public notice 15 days prior to the July 24, 2023 meeting. Staff is recommending that City Council re-adopt the resolution approving the FY 2023-24 annual appropriations limit at $457,826,732.

DISCUSSION
Article XIII B of the California State Constitution was approved by California voters effective in 1980.

Also known as the Gann Spending-Limitation Initiative, this article is actually a limitation on tax revenues rather than a direct limitation on appropriations. All proceeds from taxes received in excess of the appropriations limit are required to be returned through refund or revisions in tax rates.

343
The City of Livermore’s Appropriations Limit is based upon FY 1978-79 appropriations which have been adjusted each year for population and inflation factors. Effective in FY 1990-91, Proposition 111 and SB 88 (Chapter 60/90) modified the manner in which the Appropriations Limit is calculated by providing alternative adjustment factors intended to make the Appropriations Limit more responsive to local growth issues and requires the annual election of cost-of-living adjustment factor and a population factor. The population factors may be either the change in city population or change in county population. The cost- of-living factors may be either the change in California per capita income or the change in City of Livermore non-residential new construction valuation. Typically, an agency selects the factors which provide for the largest growth to the limit.

The City’s FY 2023-24 appropriations limit has been calculated by analyzing inflation and population factors provided by the California State Department of Finance and the City’s property tax consultants, HDL. For FY 2023-24, the population factor chosen will be the reduction within the County as it was less of a reduction than within the City. The cost-of-living factor selected by Livermore is the percentage change in California per capita income because it exceeded the assessed value in the preceding year due to new non-residential construction.

Based on the calculation factors mentioned above, the Limit of Appropriations for FY 2023-24 is $457,826,732. Appropriations subject to this limit are $108,965,618. A summary of the last twenty years of the City’s appropriation limit, population and cost-of-living factors is provided as Exhibit A to the resolution.

FISCAL AND ADMINISTRATIVE IMPACTS

There is no budget impact associated with tonight’s recommendation. The Fiscal Year 2023-24 adopted expenditure budget is well within the Appropriation Limit of $457,826,732 .

COMMUNITY PILLAR
5: A City that Works
GOAL
16: Help preserve public resources and the community's confidence in the City's governance and operation by ensuring the City fulfills its legal obligations and makes well-informed policy decisions

ATTACHMENTS

1. Resolution

2. Exhibit A - Appropriation Limit FY 2023-24

Prepared by: Erik Peterson
Finance Manager

344
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
345
RESOLUTION NO.________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ESTABLISHING THE APPROPRIATIONS LIMIT
FOR THE CITY OF LIVERMORE FOR FISCAL YEAR 2023-24
The Gann Limit initiative approved by the voters of the State of California on November 6, 1979, and a subsequent amendment approved by the voters on June 6, 1990, (Propositions 4 and 111, respectively, codified as Government Code Sections 7900, et seq.), place various limitations on the fiscal powers of state and local government. As a result, the governing body of each local jurisdiction must establish an annual appropriations limit.

Government Code Section 7901(b) provides that the City Council may choose to use the change in population within the City of Livermore or within Alameda County to calculate the appropriations limit.

Furthermore, California Constitution Article XIII B, Section 8(e)(2) provides that the City Council must select either of the following to calculate the change in cost of living to be used to determine the appropriations limit:

1. The percentage change in California per capita personal income from the preceding year; or

2. The percentage change in the local assessment roll from the preceding year for the City of Livermore (City) due to the addition of local non-residential new construction.

As required by Government Code Section 7910, the City posted public notice of its intent to adopt a resolution establishing an appropriations limit at its regularly scheduled meeting on July 24, 2023. The public notice stated that the documentation used to determine the appropriations limit was available for public inspection.

On June 12, 2023, the City Council adopted Resolution No. 2023-106 approving the FY 2023-24 annual appropriations limits. However, staff did not complete the required public notice prior to its adoption. That has been corrected and this resolution is intended to supersede Resolution No. 2023-106.

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

1. The change in population within the County of Alameda was selected to calculate the City’s appropriations limit for Fiscal Year 2023-24;

2. The percentage change in California per capita personal income from the preceding year was selected to calculate the City’s appropriations limit for Fiscal Year 2023-24; and
346
RESOLUTION NO.________

3. Using the formula set forth in Government Code section 7900, et seq., the appropriations limit for Fiscal Year 2023-24 for the City of Livermore is established at $457,826,732 as set forth in Exhibit A, attached to this resolution.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that this resolution supersedes Resolution No. 2023-106 adopted on June 12, 2023.

On motion of Council Member __________________________, seconded by Council Member ___________________________, the foregoing resolution was passed and adopted on July 24, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Jason R. Alcala
Marie Weber Jason Alcala
City Clerk City Attorney
Exhibit A – Appropriations Limit FY 2023-24
347
Cost-of-Living Population Ratio of Appropriations Appropriations Year of Limit Factor ** Factor *** Change Limit Subject to Limit Variance FY 2004-05 8.65% 1.30% 1.1006 $104,045,966 $42,453,745 $61,592,221 FY 2005-06 12.09% 2.81% 1.1524 $119,899,145 $46,033,324 $73,865,821 FY 2006-07 6.78% 1.39% 1.0826 $129,808,537 $49,354,549 $80,453,988 FY 2007-08 4.42% 1.32% 1.0580 $147,883,090 $52,286,879 $95,596,210 FY 2008-09 5.85% 1.32% 1.0725 $147,883,090 $52,286,879 $95,596,210 FY 2009-10 7.49% 1.25% 1.0884 $160,959,709 $52,205,834 $108,753,875 FY 2010-11 -1.18% 1.10% 0.9991 $160,818,675 $45,302,801 $115,515,874 FY 2011-12 2.51% 0.97% 1.0350 $166,454,513 $46,488,786 $119,965,727 FY 2012-13 16.47% 1.05% 1.1769 $195,898,928 $49,307,270 $146,591,658 FY 2013-14* 23.36% 1.21% 1.2490 $244,677,761 $67,044,881 $177,632,880 FY 2014-15 4.87% 1.74% 1.0669 $261,046,703 $77,044,976 $184,001,727 FY 2015-16 3.82% 1.39% 1.0526 $274,777,760 $72,336,243 $202,441,517 FY 2016-17 5.37% 2.05% 1.0753 $295,468,759 $76,706,573 $218,762,186 FY 2017-18 3.69% 1.63% 1.0538 $311,365,413 $68,632,305 $242,733,108 FY 2018-19 9.35% 1.06% 1.1051 $344,087,147 $67,435,856 $276,651,291 FY 2019-20 6.20% 0.75% 1.0700 $368,161,204 $74,420,994 $293,740,210 FY 2020-21 4.22% 0.46% 1.0470 $385,462,616 $78,774,574 $306,688,042 FY 2021-22 5.73% 0.15% 1.0589 $408,160,948 $76,546,934 $331,614,014 FY 2022-23 8.58% -0.62% 1.0791 $440,433,435 $105,628,659 $334,804,776 FY 2023-24 4.44% -0.47% 1.0395 $457,826,732 $108,965,618 $348,861,114 *Amended June 9, 2014
*** Population Factor is the larger of the percentage change in City population versus the percentage change in County population.

City of Livermore
Appropriation Limit Last Twenty Fiscal Years
Exhibit A
** Cost of Living Factor is the larger of the percentage change in California per capita income versus the percent change in the City of Livermore assessed value due to new non-residential construction.

EXHIBIT A
348

CITY COUNCIL STAFF REPORT
ITEM NO. 5.18

DATE:

July 24, 2023
TO:

Honorable Mayor and City Council
FROM:

Christine Martin, Assistant City Manager
SUBJECT:

Resolution of continued local emergency.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution of continued local emergency in response to impacts from a series of severe storm events earlier this year.

SUMMARY
On January 10, 2023, the City Council adopted a resolution ratifying the Proclamation of the Director of Emergency Services Concerning the Existence of a Local Emergency (Resolution No. 2023-001) in response to impacts from a series of severe storm events.

On February 27, April 24, and June 12, 2023, the City Council adopted resolutions of continued local emergency. California Government Code section 8630 directs the City Council to review the need for continuing the local emergency at least once every 60 days.

DISCUSSION
On January 4, 2023, the Executive Department of the State of California issued Executive Order N-2-23 proclaiming a State of Emergency for the Atmospheric River that started on December 27, 2022. On January 10, 2023, the City Council ratified a proclamation by the Emergency Services Director of the existence of a local emergency due to conditions of extreme peril to the safety of persons and property that arose within the City of Livermore caused by a series of severe rainstorms and high wind commencing in December 2022 and continuing through January 2023.

Proclamation 23-01 was ratified, as required, by the City Council within seven days (Resolution No. 2023-001). Once ratified, California Government Code section 8630 directs the City Council to review the need for continuing the local emergency at least once every 60 days. On February 27, 2023, the City Council adopted a resolution of continued local emergency (Resolution No. 2023-06).

On March 1, 2023, the Executive Department of the State of California issued a proclamation of State of 349
Emergency due to a severe winter storm event beginning in February 2023 bringing damaging winds and historic precipitation that caused federal and state highways and road closures, and continued to threaten critical infrastructures, power outages, etc.

On March 24, 2023, the Alameda County Director of Emergency Services proclaimed a state of emergency due to conditions of continuing peril that have been presented by winter storms that resumed on February 23, 2023, continuing through March 2023, causing extensive damage and local expenses throughout the County.

On February 27, April 24, and June 12 2023, the City Council adopted resolutions of continued local emergency (Resolution Nos. 2023-026, and 2023-072, and 2023-111 respectively).

Staff recommends that the City Council continue the emergency proclamation to reflect the fact that emergency repairs have not been fully implemented and on-going work is required to recover from the damage. Continuing the emergency proclamation allows staff to seek reimbursement of the eligible costs of this work from federal and state agencies through the public assistance program.

Work includes removing sediment and debris from creeks and trails, repairing creek banks that have been washed away, repairing damaged trails, and pedestrian bridge abutments. While the repair projects are still under evaluation, staff estimates about 30 damaged sites totaling approximately $9,000,000.

FISCAL AND ADMINISTRATIVE IMPACTS

The continuance of a Local Emergency allows the City to access federal, state and county resources, including potential financial reimbursements.

COMMUNITY PILLAR
1: A Safe Community That Thrives

GOAL
1: Oversee the City's emergency preparedness, management, and response efforts

ATTACHMENTS

1. Resolution

Prepared by: Herbert Cole
Management Analyst

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
350
RESOLUTION NO. _______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION OF CONTINUED LOCAL EMERGENCY
On January 10, 2023, the City Council adopted a resolution, Ratifying the Proclamation of the Director of Emergency Services Concerning the Existence of a Local Emergency (Resolution No. 2023-001). The emergency services proclamation concerns conditions of extreme peril to the safety of persons and property which have arisen within the City of Livermore caused by a series of severe rainstorms and high winds commencing in December 2022, and continuing through January 2023. On February 27, 2023, the City Council adopted a resolution of continued local emergency (Resolution No. 2023-026).

On March 1, 2023, California Governor, Gavin Newsom, proclaimed a state of emergency due to the severe winter storms that struck in late February as the result of an atmospheric river system forecast to continue through mid-March. The Governor issued his proclamation in response to a series of atmospheric river systems that impacted the State since late December 2022, that forced closures and damaged highways and roads, and caused other impacts that local agencies did not have time to mitigate, and that the continuing storms were expected to exacerbate those conditions.

The Governor adopted a subsequent proclamation on March 28, 2023, to apply his March 1st proclamation to Alameda County. The Governor's proclamation directed the California Office of Emergency Services to provide assistance to local governments for the protection of public health and the environment, allowed for the mobilization of the California National Guard, allowed for state-owned properties to be made available for staging debris, and modified the hours-of-service limits in the California Vehicle Code and California Code of Regulations for fuel transportation and relief efforts.

Given the declaration of emergency by the State of California and Alameda County, and the existing damage and impacts from the prior storms, and in anticipation of additional storms and wind, and the need for continued debris removal, emergency response and protective measures, and permanent repairs, continue to present conditions that are likely to be beyond the control of the services, personnel, equipment, and facilities of the City of Livermore.

Although efforts have been made to remedy the emergency conditions, City staff report that the emergency conditions identified by the proclamation still exist. City staff recommends continuing the declaration of emergency since it is required to be active in order to remain eligible to apply for and receive funding for costs to respond to and repair damages caused by the storm events.
351
RESOLUTION NO. _______
Once a proclamation of local emergency is adopted, California Government Code section 8630 directs the City Council to review the need for continuing the local emergency at least once every 60 days.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it has reviewed the January 4, 2023 proclamation of local emergency that the City Council ratified on January 10, 2023 (Resolution No. 2023-001) and continued on February 27, 2023 (Resolution No. 2023-026) and on April 24, 2023 (Resolution No. 2023-072), and on June 12, 2023 (Resolution No. 2023-111), as well as the subsequent proclamations of emergency in March by both the State of California and the County of Alameda due to the continuing systems of storms affecting the State and local areas, and hereby finds that conditions warrant continued maintenance of that proclamation of local emergency.

On motion of Council Member ____________________, seconded by Council Member _____________________, the foregoing resolution was passed and adopted on July 24, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Jason R. Alcala
Marie Weber Jason R. Alcala
City Clerk City Attorney
352

CITY COUNCIL STAFF REPORT
ITEM NO. 5.19

DATE:

July 24, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing execution of a two-year agreement with Independent Code Consultants Incorporated to provide planning assistant services in an amount not-to- exceed $208,000.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing execution of an agreement with Independent Code Consultants Incorporated to provide planning assistant services for a term of two- years in an amount not-to-exceed $208,000.

SUMMARY
The Planning Division continues to manage several large-scale, multi-year programs including the General Plan Update and Development Code Update. The City has also seen an increase in private development applications and expects that trend to continue, particularly in the Isabel Neighborhood Specific Plan area, for the next several years. The frequency and volume of in-person inquiries for land use and zoning information at the Permit Center's public counter remains high. Electronic inquiries via e- mail, phone, and through the city's website are increasing as these channels are more convenient for the general public.

This agreement will enable Independent Code Consultants Incorporated (Consultant) to provide part- time technical planning services in-person at the public counter and respond to electronic inquiries. Staff anticipates the Consultant will also process minor entitlement applications for signs, accessory structures and residential construction projects, and non-residential additions.

Supplementing staffing resources in the Planning Division for a two-year period will facilitate progress on the City's high-profile programs and complex projects, enable the division to continue providing high- quality customer service, and meet required timelines for the processing of private development applications.

DISCUSSION
353
City staff continues to implement significant programs to update the City's General Plan and Development Code. The Development Code Update will respond to State housing legislation and include objective development standards. Other projects include funding and design coordination for extending sewer service into the South Livermore Valley, managing the short-term rental program, and processing an annexation and development for land within the City's Urban Growth Boundary near the Oaks Business Park. Downtown project implementation, responding to Alameda County referrals, and participation in regional planning efforts with the Association of Bay Area Governments/Metropolitan Transportation Commission continue to be priorities.

At the same time, the Planning Division continues to experience significant development interest from property owners in the Isabel Neighborhood Specific Plan (INSP) area. The City Council has already approved three applications for property in the INSP and have three more applications currently in review. Staff anticipates additional applications for property in the INSP area in the coming one to two years. Applications to redevelop the mixed-use sites at Rincon Avenue and Pine Street and Pacific Avenue (former Nob Hill site) have also been submitted and require staff time to process.

The proposed Consultant will provide permit technician and planning assistant services for the Planning Division to supplement ongoing staffing at the public counter and via electronic channels until funding for a permanent full time permit technician is available in Fiscal Year 2025-26. The planning services proposed under the Agreement will enable the Planning Division staff to focus internal efforts on priority projects and maintain appropriate levels of customer service in response to the high volume of private project applications the City has been receiving and expects to continue to receive over the next 24 months.

FISCAL AND ADMINISTRATIVE IMPACTS

The term of the agreement is two years in an amount not-to-exceed $208,000. The Planning Division’s budget includes sufficient funds to cover consultant contract costs for the next two fiscal years (2023-24 and 2024-25); therefore, no additional appropriation is necessary. Utilization of city staff time will be necessary to administer the consultant agreement and provide supervisory oversight of the Consultant's day-to-day performance.

COMMUNITY PILLAR
1: A Safe Community that Thrives

GOAL
6: Provide efficient and effective permit processing services

ATTACHMENTS

1. Resolution

2. Agreement - Independent Code Consultants

Prepared by: Steve Stewart
Acting Assistant Community
Development Director

354

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH

INDEPENDENT CODE CONSULTANTS INCORPORATED TO PROVIDE PLANNING ASSISTANT SERVICES IN AN AMOUNT NOT-TO-EXCEED $208,000
The Planning Division in the Community Development Department requires a consultant to provide planning assistant services at the public counter and via electronic channels and process minor land use entitlements. The services proposed under the Agreement will enable the Planning Division staff to focus internal efforts on priority projects and programs and maintain appropriate levels of customer service.

The proposed agreement with Independent Code Consultants Incorporated is for a two-year term.

Authorization to execute a professional services agreement is an administrative action, which does not qualify as a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378. Therefore, no environmental review is required.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager to sign the Agreement with Independent Code Consultants Incorporated in an amount not-to-exceed $208,000 to provide planning assistant services.

On motion of Council Member __________________________, seconded by Council Member __________________, the foregoing Resolution was passed and adopted on July 24, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Kimberly Cilley
Marie Weber Kimberly Cilley
City Clerk Senior Assistant City Attorney
Exhibit A – Independent Code Consultants Incorporated Agreement 356

EXHIBIT A
357

EXHIBIT A
358

EXHIBIT A
359

EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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369

CITY COUNCIL STAFF REPORT
ITEM NO. 5.20

DATE:

July 24, 2023
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution amending the City of Livermore Salary Plan dated July 3, 2023, reclassifying the City's Cybersecurity Manager position to an IT Operations Manager position and rescinding Resolution 2022-049 that created the City's Cybersecurity Policy to allow staff to convert it to an Administrative Regulation.

RECOMMENDED ACTION

Staff recommends adopting a resolution amending the City of Livermore Salary Plan dated July 3, 2023, reclassifying the City's Cybersecurity Manager position to an IT Operations Manager position and rescinding Resolution 2022-049 that created the City's Cybersecurity Policy to allow staff to convert it to an Administrative Regulation.

SUMMARY
In the fall of 2020, the City hired a Cybersecurity Manager to develop a cybersecurity program for the City. On April 11, 2022, City Council adopted the City’s Cybersecurity Policy (Resolution 2022-049). The City of Livermore’s Cybersecurity Policy established guiding principles for the City’s cybersecurity program and assigned cybersecurity responsibilities to City staff. Since then, the City’s Cybersecurity Manager resigned from City employment, and the City’s cybersecurity program has been folded into the Information Technology (IT) Division, reflecting the fact that cybersecurity efforts have become more operational than a few years ago. The Cybersecurity Manager classification does not include managing cybersecurity operations. In addition, the City’s IT Division does not have a manager dedicated to managing daily operations and the City’s IT technicians, which requires the IT Manager to oversee day- to-day operations in addition to other programmatic responsibilities. As such, staff proposes to reclassify the Cybersecurity Manager to an IT Operations Manager that will manage the IT Help Desk and IT technicians as well as oversee cybersecurity operations. Staff also determined that the City’s Cybersecurity Policy should be an Administrative Regulation rather than a Council adopted policy since it primarily relates to program definition and staff roles and responsibilities. As a result, staff recommends rescinding Resolution 2022-049 to allow staff to convert it to an Administrative Regulation.

DISCUSSION
370
In addition to the City’s Cybersecurity Policy, the City developed a cybersecurity strategic plan that led to the implementation of several systems that prevents potential cyber-attacks and alerts the City of attempted cyber-attacks. As such, at this time, the City’s staff are primarily focused on monitoring the City’s cybersecurity systems for potential threats and responding to identified vulnerabilities.

Responsibility for those efforts resides in the City’s Information Technology Division and, as a result, with the resignation of the City’s Cybersecurity Manager, the Cybersecurity Manager position will be reclassified to an IT Operations Manager with the responsibility to oversee IT operations, including cybersecurity. The City’s IT Manager will be responsible for the City’s cybersecurity program oversight and communications that the Cybersecurity Manager was responsible for.

The Cybersecurity Policy provides an overview of the City’s Cybersecurity Program, focusing on staff roles and responsibilities. Policies such as these are normally Administrative Regulations the City Manager signs since the focus is implementation and not setting policy. To create a Cybersecurity Administrative Regulation, City Council needs to rescind Resolution 2022-049 that established the Cybersecurity Policy.

FISCAL AND ADMINISTRATIVE IMPACTS

Reclassifying the Cybersecurity Manager position to an IT Operations Manager and rescinding the City’s Cybersecurity Policy will not have a financial impact.

COMMUNITY PILLAR

5. A City That Works

GOAL

12. Identify cyber risks and develop and implement mitigation measures to reduce the City’s and its residents’ exposure to cyber-attacks.

ATTACHMENTS

1. Resolution

2. Exhibit A - Management Salary Schedule dated July 3, 2023 (amended)

Prepared by: Tina Olson
Administrative Services Director

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AMENDING THE CITY OF LIVERMORE SALARY
PLAN DATED JULY 3, 2023, IN ACCORDANCE WITH CALIFORNIA
CODE OF REGULATIONS, TITLE 2, SECTION 570.5, AND
RESCINDING RESOLUTION 2022-049 THAT ADOPTED A

CYBERSECURITY POLICY
The proposed City of Livermore Salary Plan, attached hereto as Exhibit A, is intended to make the following amendments:
 Retitle Cybersecurity Manager (Class Code 269) to IT Operations Manager Staff recommends City of Livermore’s Cybersecurity Policy be an Administrative Regulation rather than a Council adopted policy since it primarily relates to program definition and staff roles and responsibilities. Rescinding Resolution 2022-049 that created the City of Livermore’s Cybersecurity Policy will allow staff to convert it to an Administrative Regulation.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that the amended Salary Plan dated July 3, 2023, to retitle position for Cybersecurity Manager (Class Code 269) to IT Operations Manager as set forth in Exhibit A, attached hereto, is hereby approved in accordance with California Code of Regulations, Title 2, Section 570.5, effective July 25, 2023.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore hereby rescinds Resolution 2022-049 and directs the City Manager to develop an administrative regulation for cybersecurity.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 24, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason R. Alcala
Marie Weber Jason R. Alcala
City Clerk City Attorney
Exhibit A – Management Salary Schedule dated July 3, 2023 (amended) 372

EXHIBIT A

MANAGEMENT SALARY SCHEDULE
$7,730 - $17,650/month
Effective July 3, 2023
Class
Code Classification Monthly Salary Range
$14,095.31 - $17,619.14
119 Assistant Administrative Services Director
100 Assistant City Attorney
132 Assistant Community Development Director
129 Assistant Public Works Director
124 City Engineer
$13,112.20- $16,390.25
250 Assistant City Engineer
289 Building Official
218 Finance Manager
125 Maintenance and Golf Operations Manager
118 Planning Manager
449 Water Resources Division Manager
$12,465.09- $15,581.36
123 Housing & Human Services Manager
$12,335.20- $15,419.00
246 Senior Transportation Engineer
$11,836.61- $14,795.76
283 Permit Center Manager
$11,812.81- $14,766.01
253 Senior Civil Engineer
$11,671.70 - $14,589.63
269 IT Operations Manager*
268 Information Technology Manager
$11,480.26 - $14,350.33
127 Risk Manager
$11,331.75- $14,164.69
472 Airport Manager
136 City Clerk
134 Housing Programs Manager
135 Human Services Programs Manager
297 Police Support Services Manager
259 Principal Planner
951 Youth and Family Services Manager - Clinical
$10,698.76- $13,373.45
137 Assistant Finance Manager
130 Assistant Library Director
120 Economic Development Manager
278 Inspection & Neighborhood Preservation Manager
450 Water Resources Operations Manager
474 Water Resources Technical Programs Manager
953 Youth and Family Services Manager - Programs

CITY OF LIVERMORE
373

EXHIBIT A

MANAGEMENT SALARY SCHEDULE
$7,730 - $17,650/month
Effective July 3, 2023
Class
Code Classification Monthly Salary Range

CITY OF LIVERMORE
$10,170.15- $12,712.69
217 Accounting Supervisor
232 Information Technology Coordinator
148 Management Analyst, Senior
133 Public Works Manager
270 Systems Administrator
468 Water Distribution Operations Manager
$10,062.21- $12,577.76
272 Construction Inspection Manager
$10,016.28- $12,520.35
128 Deputy City Attorney
295 Police Business Services Manager
293 Police Facility & Equipment Manager
$9,505.31- $11,881.64
131 Assistant City Clerk
150 Management Analyst II
298 Police Media & Community Relations Analyst
126 Public Works Supervisor
$7,730.03- $9,662.54
207 Deputy City Clerk
152 Management Analyst I
264 Supervising Librarian
466 Water Resources Communications Representative
* New IT Operations Manager Classification
374

CITY COUNCIL STAFF REPORT
ITEM NO. 10.1

DATE:

July 24, 2023
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Supplemental materials received prior to the meeting.

RECOMMENDED ACTION

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

4.0 Open Forum

Material: Public Comment Received

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

Material: Council Reports

DISCUSSION

ATTACHMENTS

1. Supplemental Materials

Prepared by: Debbie Elam
Acting Assistant City Clerk

375
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
376
From: fziomek
To: City Clerk; John Marchand; Brittni Kiick; Barrientos, Ben; Evan Branning; Robert Carling; Michael Musca; Scott Lanphier; Angela Hescher; Marianna Marysheva
Subject: Email comment for 7/24/23 City Council meeting Date: Sunday, July 23, 2023 5:27:52 PM
Attachments: image001.png
image002.png
image003.png
Good day Mayor Marchand, City Council, Ms. Marysheva, Mr. Lanphier, and Mr. Musca, This email is to urge the City to contract with an independent, outside contractor to test children living within 1 ½ miles of Livermore Airport for blood lead levels.

Also test children living outside this
distance from the airport, as a comparison. And then take action on the results, if it’s found that the children living near the airport have blood lead levels above normal, and it’s found the cause is the leaded aviation fuel continuing to be sold at Livermore Airport.

Children living in similar age houses,
but who are greater distance from Livermore Airport (therefore not exposed to leaded aviation fuel) should also be tested for comparison (to rule in, or rule out, the cause-and-effect relationship).

One family living on Arlington Road, approximately 0.82 miles from the airport (straight line distance) learned about the Reid-Hillview Airport blood lead level study results, and were worried.

So they had their child’s blood lead level tested a couple of weeks ago. They found their child’s blood lead level was
above normal, and have now decided to sell their house, so they can move away from Livermore Airport as soon as possible. It should be known that they previously had all
their faucets replaced, and their child only drinks filtered water. So it’s unlikely that exposure to lead-containing water is the cause of the elevated blood lead level found.

Their house is located under the flight path that most airplanes use to land at Livermore Airport .

Please see the Flightradar screen shots I caught last Friday just after 1pm, of multiple flights by one plane, right over Arlington Road, very close to their house.

It should be noted that lead in blood and soft tissues has an estimated half-life of 28 days (the time required for the substance to decrease by half its original value).

It should also be noted this family previously had all their faucets replaced, and they report that their child drinks only filtered water.

So these details may rule out leaded faucets and lead in the water, as the cause of the above normal blood lead levels in their child.

It should be noted the CDC states: “No safe blood lead level in children has been identified. Even low levels of lead in blood have been shown to affect IQ, ability to pay attention, and academic achievement.”
If residents live within a 1 ½ mile radius of Livermore Airport, there’s a good chance they and their children are being exposed to harmful levels of lead from aviation fuel.

It would be incorrect to conclude (without further research) that elevated blood lead levels in children living near Livermore Airport are being caused by old faucets or by drinking water that has lead in it.

I’ve previously sent you links to the peer-reviewed study performed by Mountain Data Group which Item 4.0
Public Comment Received
377
found that children residing less than ½ mile from Reid-Hillview Airport had blood lead levels higher than the levels found in children during the Flint, Michigan water system failures. Children residing ½ to 1 ½ miles away had a modest increase in blood lead levels.

Here’s my application of the Scientific Method to this collection of information:

1. Observe (my observations) : blood lead level of a child residing approx. 0.82 miles from the airport was found to be above normal. Their house previously had all their faucets replaced, and their child drinks only filtered water. Their house is in the flight path of most airplanes landing at Livermore Airport.
2 . Question (identify a problem) : Is the exposure to leaded aviation fuel the cause of the elevated blood lead level in their child?

3. Research (search for existing answers or solutions): The study performed regarding children living within 1 ½ miles of Reid-Hillview Airport found they had increased blood lead levels. No safe blood lead level in children has been identified. Even low levels of lead in blood have been shown to affect IQ, ability to pay attention, and academic achievement.

4. Hypothesize (formulate hypothesis):
my hypothesis is that blood lead levels of children who live within 1 ½ miles of Livermore Airport have elevated blood lead levels that might be affecting their IQ and academic achievement.

5. Experiment (design and perform an experiment):
my suggestion is to hire an independent,
outside contractor to test children living within 1 ½ miles of Livermore Airport for blood lead levels.

Also test children living further away from the Airport. And try to find families in both groups with similar age houses (to account for the variable of lead present in older paint). 6 . Test Hypothesis (accept or reject hypothesis): analyze the blood lead level data collected by the independent, outside contractor, to determine if there’s a relationship between blood lead levels and residence distance from Livermore Airport.

7. Draw Conclusions (make conclusions based on the hypothesis):
after analyzing the blood lead
level data (children’s blood lead levels with residence location), draw a conclusion whether the children who live within 1 ½ miles of Livermore Airport are experiencing elevated blood lead levels.

There are too many children living in neighborhoods within 1 ½ miles of Livermore Airport to trivialize or minimize this issue.

The neighborhoods include: Sage, Montage, Somerset, and the planned Isabel Neighborhood Specific Plan.

And there are several Preschools and K-8 Grade Schools within 1 ½ miles of Livermore Airport.

The
children in these schools may also be negatively impacted by this issue.

Fri., 7/21/23 at 1:24pm, multiple flights by one plane over Arlington Rd. in Livermore (where the child with the elevated blood lead level lives) Item 4.0
Public Comment Received
378
Fri., 7/21/23 at 1:22pm, view of various residential areas near Livermore Airport where the multiple flights flew over, by the same plane
Item 4.0
Public Comment Received
379
Fri., 7/21/23 at 1:20pm, higher level view of the MULTIPLE circling flights by this one same plane, over this area.

Item 4.0
Public Comment Received
380
Thank you.

Felicia Ziomek
Livermore, CA
Item 4.0
Public Comment Received
381
Council Member
Date of
Meeting or
Event Committee or Organization
Meeting or Event Type (ex. board meeting or
ribbon cutting) Summary of Meeting or Event
Mayor Marchand 7/12/2023
Alameda County Mayors
Conference
Mayors conference
Made appointments to the Commission on Aging and the EBRCS.

Heard a presentation on the merger of ABAG and MTC and the services they provide.

Mayor Marchand 7/13/2023
Stanford Health Care Tri-
Valley
Tour Grand opening and tour of the Byers Eye Institute
Mayor Marchand 7/13/2023 Chamber of Commerce Ribbon cutting New business,"PoweredxYou, LLC Mayor Marchand 7/13/2023 LAFCO Commission meeting
Heard draft report and provided comments to the draft South Livermore Valley Special Study and the Initial Feasibility analysis for potential incorporation of Castro Valley, Ashland and other communities.

Mayor Marchand 7/13/2023 Axis Healthcare Ground breaking Attended the groundbreaking, took a tour and spoke at the event celebrating the acquisition and eventual opening of a new Axis clinic in Livermore.

Mayor Marchand 7/14/2023 Innovation Tri-Valley Symposium Presentation on the State of the East Bay Mayor Marchand 7/15/2023 Lily of the Valley School Ribbon-cutting Attended the opening of a new school.

Mayor Marchand 7/17/2023 City Council Meeting
Joint meeting with the City Council and the Planning Commission to review roles, responsibilities, norms, values and the Five-Year Strategic Plan.

Mayor Marchand 7/18/2023 Chamber of Commerce Ribbon-cutting Celebrated the one-year anniversary of the Grocery Outlet.

Mayor Marchand 7/19/2023 Local 104 Orientation and tour Attended the orientation for future apprentices for the sheet metal workers.

Mayor Marchand 7/19/2023
Livermore Lab
Foundation/Chamber of
Commerce
Business networking
Update on the activities of the Lab Foundation and networked with local businesses.

Mayor Marchand 7/21/2023 Housing Base Meeting
Met with a representative from Housing Base on metrics regarding affordable housing and homelessness.

Mayor Marchand 7/24/2023 Gillig Bus Meeting and tour Toured the facility and met with their executive team.

Item 8.0
Council Reports
382
Council Member
Date of
Meeting or
Event Committee or Organization
Meeting or Event Type (ex. board meeting or
ribbon cutting)
Council Member Carling 7/13/2023 StopWaste Board Meeting Council Member Carling 7/13/2023 Ribbon cutting for PoweredxYou Council Member Carling 7/13/2023 Axis Health ground breaking Council Member Carling 7/18/2023 Livermore Downtown Inc Board Meeting Item 8.0
Council Reports
383

CITY COUNCIL STAFF REPORT
ITEM NO. 10.2

DATE:

July 24, 2023
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Supplemental materials received at the meeting.

RECOMMENDED ACTION

SUMMARY

DISCUSSION

ATTACHMENTS

1. Items Received at the Meeting

Prepared by: Debbie Elam
Acting Assistant City Clerk

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Item 4.0
Public Comment Received
385
VP-998-5212-1
SCENIC AVE. TO BE DEDICATED

FERRERI & BLAU
APN # 998-5212-1
SCENIC AVE. TO BE DEDICATED
LIVERMORE, CA 94550
PERIOD DATE CHECK# AMOUNT CUMUL.
1ST INSTALLMENT 03-04 12-05-03 2013 $90.59 $90.59
2ND INSTALLMENT 03-04 03-04-04 2121 $90.59 $181.18
1ST INSTALLMENT 04-05 11-17-04 2224 $91.31 $272.49
2ND INSTALLMENT 04-05 03-16-05 2279 $91.31 $363.80
1ST INSTALLMENT 05-06 11-11-05 2298 $152.18 $515.98
2ND INSTALLMENT 05-06 03-01-06 2304 $152.18 $668.16
1ST INSTALLMENT 06-07 11-05-06 2318 $152.73 $820.89
2ND INSTALLMENT 06-07 03-03-07 2322 $152.73 $973.62
1ST INSTALLMENT 07-08 11-11-07 2326 $153.01 $1,126.63
2ND INSTALLMENT 07-08 03-13-08 2328 $153.01 $1,279.64
1ST INSTALLMENT 08-09 11-03-08 2340 $99.73 $1,379.37
2ND INSTALLMENT 08-09 03-27-09 2341 $99.73 $1,479.10
1ST INSTALLMENT 09-10 11-04-09 2346 $100.03 $1,579.13
2ND INSTALLMENT 09-10 03-18-10 2348 $100.03 $1,679.16
1ST INSTALLMENT 10-11 11-26-10 2349 $109.33 $1,788.49
2ND INSTALLMENT 10-11 01-08-11 2350 $109.33 $1,897.82
1ST INSTALLMENT 11-12 11-02-11 2351 $109.64 $2,007.46
2ND INSTALLMENT 11-12 01-02-12 2352 $109.64 $2,117.10
1ST INSTALLMENT 12-13 11-17-12 2355 $109.94 $2,227.04
2ND INSTALLMENT 12-13 03-11-13 2357 $109.94 $2,336.98
1ST INSTALLMENT 13-14 11-19-13 2358 $110.27 $2,447.25
2ND INSTALLMENT 13-14 02-08-14 2359 $110.27 $2,557.52
1ST INSTALLMENT 14-15 11-20-14 2360 $110.59 $2,668.11
2ND INSTALLMENT 14-15 03-24-15 2361 $110.59 $2,778.70

Page 1 ends

Item 4.0
Public Comment Received
386

Livermore City CouncilJuly 24, 2023

Livermore City Council
July 24, 2023