AGREEMENT FOR ADMINISTRATIVE SERVICES
This agreement (“Agreement”) is made this day of , 2023, between Phase II Systems, a corporation organized and existing under the laws of the State of California, doing business as Public Agency Retirement Services and PARS (hereinafter “PARS”) and the City of Livermore (“Agency”).
WHE
REAS, the Agency h as adopted the PARS Public Agencies Post -Employment Benefits Trust for the purpose of pre -funding pension obligations and/or Other Post -Employment Benefits (“OPEB”) obligations (“Plan”) and is desirous of retaining PARS as Trust Administrator to the Trust, to provide administrative services.
NOW THEREFORE, the parties agree:
1. Services. PARS will provide the services pertaining to the Plan as described in the exhibit attached hereto as “Exhibit 1A” (“Services”) in a timely manner, subject to the further provisions of this Agreement.
2. Fees for Services. PARS will be compensated for performance of the Services as described in the exhibit attached hereto as “Exhibit 1B”.
3. Payment Terms. Payment for the Services will be remitted directly from Plan assets unless the Agency chooses to make payment directly to PARS. In the event that the Agency chooses to make payment directly to PARS, it shall be the responsibility of the Agency to remit payment directly to PARS based upon an invoice prepared by PARS and delivered to the Agency. If payment is not received by PARS within thirty (30) days of the invoice delivery date, the balance due shall bear interest at the rate of 1.5% per month. If payment is not received from the Agency within sixty (60) days of the invoice delivery date, payment plus accrued interest will be remitted directly from Plan assets, unless PARS has previously received written communication disputing the subject invoice that is signed by a duly authorized representative of the Agency.
4. Fees for Services Beyond Scope. Fees for services beyond those specified in this Agreement will be billed to the Agency at the rates indicated in the PARS’ standard fee schedule in effect at the time the services are provided and shall be payable as described in Section 3 of this Agreement. Before any such services are performed, PARS will provide the Agency with a detailed description of the services, terms, and applicable rates for such services. Such services, terms, and applicable rates shall be agreed upon in writing and executed by both parties.
5. Information Furnished to PARS. PARS will provide the Services contingent upon the Agency providing PARS the information specified in the exhibit attached hereto as “Exhibit 1C” (“Data”). It shall be the responsibility of the Agency to certify the accuracy, content, and completeness of the Data so that PARS may rely on such information without further audit. It shall further be the responsibility of the Agency to deliver the Data to PARS in such a manner that allows for a reasonable amount of time for the Services to be performed. Unless specified in Exhibit 1A, PARS shall be under no duty to question Data received from the Agency, to compute contributions made to the DocuSign Envelope ID: AE4414E0-2E3E-442B-B4DA-A706645C0775
EXHIBIT A
159
Plan, to determine or inquire whether contributions are adequate to meet and discharge liabilities under the Plan, or to determine or inquire whether contributions made to the Plan are in compliance with the Plan or applicable law. In addition, PARS shall not be liable for nonperformance of Services to the extent such nonperformance is caused by or results from erroneous and/or late delivery of Data from the Agency. In the event that the Agency fails to provide Data in a complete, accurate and timely manner and pursuant to the specifications in Exhibit 1C, PARS reserves the right, notwithstanding the further provisions of this Agreement, to terminate this Agreement upon no less than ninety (90) days written notice to the Agency.
6. Records. Throughout the duration of this Agreement, and for a period of five (5) years after termination of this Agreement, PARS shall provide duly authorized representatives of Agency access to all records and material relating to calcul ation of PARS’ fees under this Agreement. Such access shall include the right to inspect, audit and reproduce such records and material and to verify reports furnished in compliance with the provisions of this Agreement. All information so obtained shall be accorded confidential treatment as provided under applicable law.
7. Confidentiality. Without the Agency’s consent, PARS shall not disclose any information relating to the Plan except to duly authorized officials of the Agency, subject to applicable law, and to parties retained by PARS to perform specific services within this Agreement.
The Agency shall not disclose any information relating to the Plan to individuals not employed by the Agency without the prior written consent of PARS, except as such disclosures may be required by applicable law.
8. Independent Contractor. PARS is and at all times hereunder shall be an independent contractor. As such, neither the Agency nor any of its officers, employees or agents shall have the power to control the conduct of PARS, its officers, employees, or agents, except as specifically set forth and provided for herein. PARS shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers’ compensation, and similar matters.
9. Indemnification. PARS and Agency hereby indemnify each other and hold the other harmless, including their respective officers, directors, and employees, from any claim, loss, demand, liability, or expense, including reasonable attorneys’ fees and costs, incurred by the other as a consequence of, to the extent, PARS’ or Agency’s, as the case may be, negligent acts, errors or omissions with respect to the performance of their respective duties hereunder.
10. Compliance with Applicable Law. The Agency shall observe and comply with federal, state, and local laws in effect when this Agreement is executed, or which may come into effect during the term of this Agreement, regarding the administration of the Plan.
PARS shall observe and comply with federal, state, and local laws in effect when this Agreement is executed, or which may come into effect during the term of this Agreement, regarding Plan administrative services provided under this Agreement.
DocuSign Envelope ID: AE4414E0-2E3E-442B-B4DA-A706645C0775
EXHIBIT A
160
11. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event any party institutes legal proceedings to enforce or interpret this Agreement, venue and jurisdiction shall be in any state court of competent jurisdiction.
12. Force Majeure. When a party’s nonperformance hereunder was beyond the control and not due to the fault of the party not performing, a party shall be excused from performing its obligations under this Agreement during the time and to the extent that its performance is prevented by such cause. Such cause shall include, but not be limited to: any incidence of fire, flood, acts of God or unanticipated communicable disease, acts of terrorism or war commandeering of material, products, plants or facilities by the federal, state or local government, a material act or omission by the other party or any law, ordinance, rule, guidance or recommendation by the federal, state or local government, or any agency thereof, which becomes effective after the date of this Agreement that delays or renders impractical either party’s performance under the Agreement.
13. Ownership of Reports and Documents. The originals of all letters, documents, reports, and data produced for the purposes of this Agreement shall be delivered to and become the property of the Agency. Copies may be made for PARS but shall not be furnished to others without written authorization from Agency.
14. Designees. The Plan Administrator of the Agency, or their designee, shall have the authority to act for and exercise any of the rights of the Agency as set forth in this Agreement, subsequent to, and in accordance with the written authority granted by the Governing Body of the Agency, a copy of which writing shall be delivered to PARS. Any officer of PARS, or his or her designees, shall have the authority to act for and exercise any of the rights of PARS as set forth in this Agreement.
15. Notices. All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be affected by delivery of the notices in person or by depositing the notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
(A) To PARS: PARS; 4350 Von Karman Avenue, Suite 100, Newport Beach, CA 92660; Attention: President
(B) To Agency: City of Livermore; 1052 S Livermore Ave, Livermore, CA 94550; Attention: Administrative Services Director
Notices shall be deemed given on the date received by the addressee.
16. T
erm of Agreement. This Agreement shall remain in effect for the period beginning October 10, 2023, and ending June 30, 2026 (“Term”). This Agreement may be terminated at any time by giving thirty (30) days written notice to the other party of the intent to terminate. Absent a thirty (30) day written notice to the other party of the intent to terminate, this Agreement will continue unchanged for successive twelve-month periods following the Term.
17. Amendment. This Agreement may not be amended orally, but only by a written instrument executed by the parties hereto.
DocuSign Envelope ID: AE4414E0-2E3E-442B-B4DA-A706645C0775
EXHIBIT A
161
18. Entire Agreement. This Agreement, including exhibits, contains the entire understanding of the parties with respect to the subject matter set forth in this Agreement.
In the event a conflict arises between the parties with respect to any term, condition or provision of this Agreement, the remaining terms, conditions, and provisions shall remain in full force and legal effect. No waiver of any term or condition of this Agreement by any party shall be construed by the other as a continuing waiver of such term or condition.
19. Attorneys Fees. In the event any action is taken by a party hereto to enforce the terms of this Agreement the prevailing party herein shall be entitled to receive its reasonable attorney’s fees.
20. Counterparts. This Agreement may be executed in any number of counterparts, and in that event, each counterpart shall be deemed a complete original and be enforceable without reference to any other counterpart.
21. Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.
22. Effective Date. This Agreement shall be effective on the date first above written, and also shall be the date the Agreement is executed.
AGENCY:
BY:
Tina Olson
TITLE: Administrative Services Director
DATE:
P
ARS:
BY:
Tod Hammeras
T
ITLE: Ch ief Financial Officer
DATE:
DocuSign Envelope ID: AE4414E0-2E3E-442B-B4DA-A706645C0775 9/22/2023 | 10:23 AM PDT
APPROVED AS TO FORM
EXHIBIT A
162
EXHIBIT 1A
SERVICES
PARS will provide the following services for the City o f Livermore Public Agencies Post- Employment Benefits Trust:
1. Pl
an Installation Services:
(A) Meeting with appropriate Agency personnel to discuss plan provisions, implementation timelines, actuarial valuation process, funding strategies, benefit communication strategies, data reporting, and submission requirements for contributions/reimbursements/distributions;
(B) Providing the necessary analysis and advisory services to finalize these elements of the Plan;
(C) Providing the documentation needed to establish the Plan to be reviewed and approved by Agency legal counsel. Resulting final Plan documentation must be approved by the Agency prior to the commencement of PARS Plan Administration Services outlined in Exhibit 1A, paragraph 2 below.
2. Plan Administration Services:
(A) Monitoring the receipt of Plan contributions made by the Agency to the trustee of the PARS Public Agencies Post -Employment Benefits Trust (“Trustee”), based upon information received from the Agency and the Trustee;
(B) Performing periodic accounting of Plan assets, reimbursements/distributions, and investment activity, based upon information received from the Agency and/or Trustee; (C) Coordinating the processing of distribution payments pursuant to authorized direction by the Agency, and the provisions of the Plan, and, to the extent possible, based upon Agency-provided Data;
(D) Coordinating actions with the Trustee as directed by the Plan Administrator within the scope of this Agreement;
(E) Preparing and submitting a monthly report of Plan activity to the Agency, unless directed by the Agency otherwise;
(F) Preparing and submitting an annual report of Plan activity to the Agency; (G) Facilitating actuarial valuation updates and funding modifications for compliance with the applicable GASB pronouncements and/or statements, if prefunding OPEB obligations;
(H) Coordinating periodic audits of the Trust;
(I) Monitoring Plan and Trust compliance with federal and state laws.
3. PARS is not licensed to provide and does not offer tax, accounting, legal, investment or actuarial advice.
DocuSign Envelope ID: AE4414E0-2E3E-442B-B4DA-A706645C0775
EXHIBIT A
163
EXHIBIT 1B
FEES FOR SERVICES
PARS will be compensated for performance of Services, as described in Exhibit 1A based upon the following schedule:
An annual asset fee shall be paid from Plan assets based on the following schedule:
For Plan Assets from: Annual Rate:
$1 to $10,000,000 0.25%
$10,000,001 to $15,000,000 0.20%
$15,000,001 to $50,000,000 0.15%
$50,000,001 and above 0.10%
Annual rates are prorated and paid monthly. The annual asset fee shall be calculated by the following formula [Annual rate divided by 12 (months of the year) multiplied by the Plan asset balance at the end of the month]. Trustee and Investment Management Fees are not included.
DocuSign Envelope ID: AE4414E0-2E3E-442B-B4DA-A706645C0775
EXHIBIT A
164
EXHIBIT 1C
DATA REQUIREMENTS
PARS will provide the Services under this Agreement contingent upon receiving the following information. Agency is solely responsible for ensuring that all information and documentation provided to PARS is true, correct, and authorized:
1. Executed Legal Documents:
(A) Certified Resolution
(B) Adoption Agreement to the Public Agencies Post-Employment Benefits Trust (C) Trustee Investment Forms
2. Contribution – completed Contribution Transmittal Form signed by the Plan Administrator (or authorized Designee) which contains the following information:
(A) Agency name
(B) Contribution amount
(C) Contribution date
(D) Contribution method (Check, ACH, Wire)
3. Distribution – completed Payment Reimbursement/Distribution Form signed by the Plan Administrator (or authorized Designee) which contains the following information:
(A) Agency name
(B) Payment reimbursement/distribution amount
(C) Applicable statement date
(D) Copy of applicable premium, claim, statement, warrant, and/or administrative expense evidencing payment
(E) Signed certification of reimbursement/distribution from the Plan Administrator (or authorized Designee)
4. Other information pertinent to the Services as reasonably requested by PARS and Actuarial Provider.
DocuSign Envelope ID: AE4414E0-2E3E-442B-B4DA-A706645C0775
EXHIBIT A
165
PENSION OPEB HM MANAGED
FEESCH 103 11.20.2017
Discretionary Trustee Fee Schedule
PARS Pension / OPEB Trust Program
This document is entered into by client and U.S. Bank National Association (“U.S. Bank”), as trustee.
Discretionary Trustee Fees
Discretionary Trustee Fees are based on the Investment Strategy you select. Following is a list of the Discretionary Trustee Fees applicable to each Investment Strategy:
■ L iquidity – First American U.S. Treasury Money Market – Fund level fees only (see prospectus) ■ L iquidity – First American Prime Obligation Fund Class Z – Fund level fees only (see prospectus) ■ D iversified Portfolios (Conservative, Moderately Conservative, Moderate, Balanced, Capital Appreciation, Custom) Per Annum Charges*
.35% on the first $5,000,000
.25% on the next $5,000,000
.20% on the next $5,000,000
.15% on the next $35,000,000
.10% on all over $50,000,000
*Waived for plan assets invested in First American Funds.
Other Fees
First American Funds (see prospectus)
Payment of Fees
■ Market values used for fee calculations on fee invoices may differ slightly from market values on client statements due to posting of accruals, late pricing of securities and/or other timing issues. ■ Fees are calculated and charged to the account monthly. If account cannot be charged after 30 days, fees not pai d w
ill be subject to a late charge of 1% per month on the unpaid balance. ■ Changes to this Fee Schedule may be made at any time by U.S. Bank upon a sixty (60) days notice.
Acknowledged and Approved
Public Agencies Post-Employment Benefits Trust
Name of Plan/Trust Name of Employer
Print Name of Authorized Signer for Employer Title of Authorized Signer for Employer Signature of Authorized Signer for Employer Date
U.S. Bank and its representatives do not provide tax or legal advice. Each client’s tax and financial situation is unique. Clients should consult their tax and/or legal advisor for advice and information concerning their particular situation.
SAMPLE
EXHIBIT B
166
EXHIBIT C
167
EXHIBIT C
168
EXHIBIT C
169
EXHIBIT C
170
EXHIBIT C
171
CITY COUNCIL STAFF REPORT
ITEM NO. 7.1
DATE:
October
9, 2023
TO:
Honorable Mayor and City Council
FROM:
Paul Spence, Community Development Director
SUBJECT:
Discussion of staff's response to the Municipal Services Review Survey administered by the Alameda County Local Agency Formation Commission including a proposed amendment to Livermore's Sphere of Influence; and direction on conducting a citywide poll to reaffirm Livermore's interests to preserve open space and scenic corridor above highway 580.
RECOMMENDED ACTION
Staff recommends the City Council:
1 .
Receive information regarding a potential amendment to Livermore's Sphere of Influence related to the Municipal Services Review Survey response to the Alameda County Local Agency Formation Commission; and
2 .
Direct staff to conduct a citywide poll to reaffirm Livermore's interests to preserve open space and scenic corridor above highway 580.
SUMMARY
The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 requires Local Agency Formation Commissions (LAFCos) to conduct special studies known as Municipal Service Reviews (MSRs) every 5 years. The MSRs examine future growth and how local agencies are planning for that growth with regards to municipal services and infrastructure systems. Staff completed the MSR survey and submitted responses on behalf of the City on September 18, 2023. As part of that response, staff included a request to amend the City’s Sphere of Influence (SOI) boundaries and note the City’s intent to annex the "Crosby Properties" in Doolan Canyon between the City of Dublin and the City of Livermore.
Including the Crosby Properties in the City of Livermore’s SOI will ensure that the existing greenbelt buffer between the City of Dublin and the City of Livermore will be maintained and the agricultural and open space lands within the buffer will be preserved. In addition, preserving this area in Doolan Canyon is consistent with the City of Livermore’s General Plan, Alameda County's General Plan, and Alameda County Measure D.
172
Staff is requesting the City Council discuss the MSR survey response and direct staff to conduct a citywide poll to reaffirm our residents' desire to maintain a greenbelt buffer between the City of Dublin and the City of Livermore.
DISCUSSION
Background
The Dublin Boulevard Extension project was initiated in 1984. The project includes an approximately 1.6- mile extension of Dublin Boulevard at Fallon Road in the City of Dublin to North Canyons Parkway in the City of Livermore. The Dublin Boulevard Extension is currently in the final design phase with construction estimated to occur in 2026, provided that the project is fully funded. The project is estimated to cost approximately $160,000,000. Current funding sources include Alameda County Transportation Commission Measure BB, Tri-Valley Transportation Council, and Local Traffic Impact Fee funds for a total of approximately $111,000,000 in local funding. The remaining balance will require funding from federal, state, and other grant sources.
In November 2000, Alameda County voters passed Measure D. The purpose of Measure D is to preserve agricultural lands and protect open space, watersheds, and wildlife habitat. Measure D set a County urban growth boundary that restricts County subdivisions on the farms and ranches of eastern Alameda County, including North Livermore and the South Livermore Valley. Generally, Measure D applies only to unincorporated lands under the land use jurisdiction of Alameda County. The Alameda County General Plan and Livermore General Plan land use designation for the properties is Resource Management.
In December 2002, the Livermore City Council adopted the North Livermore Urban Growth Boundary Initiative, which limits urbanization and preserves open space, habitat, and agriculture. The City of Livermore's 2003 General Plan includes the Initiative. In addition, the City of Livermore's 2003 General Plan includes policies for establishing a greenbelt buffer surrounding the City, preserving agriculture, and protecting open space. Doolan Canyon serves as a significant open space buffer between the City of Livermore and the City of Dublin. Consistent with the General Plan, the City has made significant investments in Doolan Canyon for habitat and open space preservation, including preservation and management of nearly 1,000 acres in Doolan Canyon.
In June 2014, the Dublin City Council adopted the Open Space Initiative, creating an Urban Growth Boundary for the City of Dublin. The initiative is incorporated into the City of Dublin’s General Plan and states that within ten years of the Open Space Initiative adoption, the Dublin City Council shall study commercial development along the Dublin Boulevard Extension up to 1,200 feet north of I-580. The Dublin City Council will evaluate if the commercial development is needed to fund the construction or maintenance of the Dublin Boulevard Extension, and if water supply and wastewater service is assured for any development. In addition, the Dublin City Council may put a measure on the ballot to authorize development in the designated area. City of Dublin staff have informed City of Livermore staff that they have completed the commercial study; however, the results of the study have not been made public at the time of writing this report.
In May 2023, the City of Dublin released a community survey that included questions related to the Dublin Boulevard Extension project. The survey results were presented at an August 2023 City Council Special Meeting. Specifically, the survey asked if Dublin residents support or oppose expanding Dublin 173
Boulevard to connect to Livermore. Approximately 71 percent of respondents supported or somewhat supported the extension, 24 percent of respondents somewhat opposed or strongly opposed the expansion, and 5 percent of respondents did not know if they supported or opposed the extension.
Respondents were then provided additional background information about annexing approximately 180 acres in Alameda County known as the "Crosby Properties" into the City of Dublin. This included a proposal to permit industrial and commercial development in order to fund the City of Dublin's remaining cost for the Dublin Boulevard Extension. Respondents were then asked if they supported or opposed this approach to extending Dublin Boulevard to connect to Livermore. This additional background information reduced overall respondent support to 59 percent of respondents supporting or somewhat supporting the extension. Approximately 33 percent of respondents somewhat opposed or strongly opposed the extension, and 7 percent of respondents did not know if they supported or opposed the extension.
City of Livermore staff have requested from City of Dublin staff to enter into an agreement to protect our different interests with regards to the Crosby Properties. However, City of Dublin staff have indicated that do not have City Council authorization for such an agreement.
Municipal Services Review Survey
The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 requires Local Agency Formation Commissions (LAFCOs) to conduct special studies known as Municipal Service Reviews (MSRs) every 5 years. The MSRs examine future growth and how local agencies are planning for that growth with regards to municipal services and infrastructure systems. In August 2023, LAFCO's consultant, RSG, Inc. sent surveys to 27 Alameda County agencies, including the City of Livermore, to begin the initial phases of the MSR.
On September 18, 2023, staff responded to the MSR survey. As part of the MSR survey process, each agency has the opportunity to request a Sphere of Influence (SOI) amendment. The request must be submitted with a map and justification statement. Livermore's submittal included a request to amend the City’s SOI boundaries and noted the City’s intent to annex the "Crosby Properties" in Doolan Canyon between the City of Dublin and the City of Livermore. Refer to Attachment 1 for the Doolan Canyon SOI amendment request.
The SOI request is consistent with the City's General Plan policies related to preserving and enhancing the City's scenic corridor. For example, Policy CC-1.1 P1 prohibits structural development in hillside areas involving skylines, ridgelines, or silhouettes. In addition, Policy CC-1.1 P2 prohibits intensive development of the hills and requires development to be located, sited and designed to fit and be subordinate to the natural landforms. This SOI request is also consistent with the City's General Plan goals and policies to maintain a greenbelt between the City of Dublin and City of Livermore and preserve open space and agricultural uses. Specifically, Policy CC-1.1 P6 states that the City shall maintain an area of non-urbanized land surrounding Livermore to serve as a buffer between communities. Uses that are considered compatible with this area include agriculture, grazing, open space, recreation, and reclaimed sand and gravel extraction. In addition, the SOI request is consistent with Alameda County's Measure D to preserve agricultural lands and limit the amount of development on these parcels.
Citywide Poll
Staff is requesting City Council direct staff to engage a consultant to conduct a citywide poll related to this SOI request. The purpose of the poll will be to determine if Livermore residents still support 174
maintaining a greenbelt buffer between the City of Dublin and the City of Livermore, consistent with existing General Plan policies. The poll would include email, text message, and telephone response collection. Staff anticipates returning to City Council to summarize the poll results in November 2023 and discuss annexing the Crosby Properties into the City of Livermore.
FISCAL AND ADMINISTRATIVE IMPACTS
Staff will engage a consultant to facilitate the preparation of survey questions and release the poll to the City’s residents via email, text message, and telephone polling methods. This effort will require staff resources and departmental coordination. The contract for polling services can be approved under the City Manager's signing authority and will be funded from existing funds in the contract services budget.
COMMUNITY PILAR
5. A City that Works
GOAL
14. Develop, operate, and maintain the City's infrastructure
ATTACHMENTS
1. Doolan Canyon SOI Amendment
Prepared by: Ashley Vera
Senior Planner
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
175
ATTACHMENT 1
176
CITY COUNCIL STAFF REPORT
ITEM NO. 10.1
DATE:
October
9, 2023
TO:
Honorable Mayor and City Council
FROM:
Marianna Marysheva, City Manager
SUBJECT:
Supplemental materials.
RECOMMENDED ACTION
SUMMARY
These materials were posted online and made available to the public at the same time that they were distributed to the City Council.
3.1 Confirm Advisory Body appointments to the Airport Commission, Livermore Housing Authority, and the Human Services Commission and direct the City Clerk to administer the oath of office.
Material: PowerPoint Presentation.
4.0 Open Forum
Material: Public Comment Received.
5.4 Resolution authorizing the execution of an agreement with SmartWave Technologies, LLC to install and maintain a wireless Internet infrastructure throughout several City Facilities in an amount not-to-exceed $300,000.
Material: Supplemental Memo and Revised Resolution.
7.1 Discussion of staff's response to the Municipal Services Review Survey administered by the Alameda County Local Agency Formation Commission including a proposed amendment to Livermore's Sphere of Influence; and direction on conducting a citywide poll to reaffirm Livermore's interests to preserve open space and scenic corridor above highway 580.
Material: Public Comment Received.
8.0 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members
Material: Council Reports
177
DISCUSSION
ATTACHMENTS
1. 2023-10-09 Supplemental Materials Received Prior to the Meeting
2. 2023-10-09 Supplemental Materials Received at the Meeting - Public Comment
Prepared by: Marie Weber
Deputy City Manager/City Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
178
1 Confirmation of Advisory Body Appointments
October 9, 2023
Presented by Marie Weber, Deputy City Manager/City Clerk Airport Commission
Reappointment of the following to a regular term ending November 1, 2027 • Darin Bishop
Livermore Housing Authority
Reappointment of the following to a regular term ending January 1, 2028 • Marvin Evans
Appointment of the following to a regular term ending January 1, 2028 • Carla Welch
Human Services Commission
Reappointment of the following to regular terms ending November 1, 2027 • Elizabeth McWhorter
• Umashankar Meda
• Marti Sutton
Appointment of the following to regular terms ending November 1, 2027 • Maxwell Nelson
• Ashley Onadele
1 2
Item 3.1
PowerPoint Presentation
179
1 Marie Weber
From:
Sent: Sunday, October 8, 2023 10:20 PM
To: City Clerk; Marianna Marysheva; Scott Lanphier; John Marchand; Brittni Kiick; Barrientos, Ben; Evan Branning; Robert Carling
Cc: Debbie Elam; Benedict (Benny) Stuth
Subject: Email comment for 10/9/23 City Council meeting Follow Up Flag: Follow up
Flag Status: Flagged
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Good day Mayor Marchand, City Council, Ms. Marysheva and Mr. Lanphier, This email comment is to urge the following:
The city needs to negotiate the application already filed by Five Rivers Aviation at Livermore Airport to install a second tank to sell unleaded aviation fuel. But I’ve been advised by one of the city managers that there are elements in this application from Five Rivers Aviation that will likely contribute to the noise and leaded fuel issues. I thought it was just an application to add an unleaded fuel tank.
It would be helpful if the city could explain the aspects of this application that will likely contribute to the noise and leaded fuel issues. The article in The Independent published 10/5/23 described the application as including “an extensive clean-aviation project that would include emissions-free electric aircraft, solar-powered hydrogen production”, along with the second fuel tank for unleaded aviation gas.
The new unleaded fuel tank is a major capital expense (quoted as $200,000) and (apparently) doesn’t generate much income in selling unleaded fuel. From a business perspective, an income stream is needed to offset this large capital expense. If only the new fuel tank is approved by the city, and the other projects (designated to provide the income stream to offset this capital purchase) are denied, then where will the income stream (to offset the large capital purchase) come from?
The city needs to encourage pilots to start using unleaded aviation fuel in their planes, or to convert their planes to begin using unleaded aviation fuel.
Leaded aviation fuel is the largest source of lead air pollution. Lead poisoning from aviation fuel affects children the most, including: damage to the brain and nervous system, slowed development, hearing and speech problems, and learning disabilities.
A family living on Arlington Road in Livermore, whose house is directly under the arrival flight path to Livermore Airport, and whose child tested positive for lead in their blood, is now so concerned that they are selling their house and moving out of Livermore. The photos below show one plane performing 19 touch & go operations flying over their house as the plane is approaching the runway for the landing part of the touch & go operation.
In 2021 the EPA made an endangerment finding that leaded aviation fuel “endangers public health and welfare”. The Bay Area Air Quality Management District (BAAQMD) sent a letter to the Livermore City Council stating “eliminating lead air pollution from leaded aviation gas should be treated as an urgent public health priority”.
Thank you.
Felicia Ziomek
Livermore
Item 4.0
Public Comment Received
180
2 10/2/23, 12:06pm
Cessna 172S Skyhawk SP – performed 19 Touch & Go operations
Item 4.0
Public Comment Received
181
3 Item 4.0
Public Comment Received
182
From: Larry Milder
To: City Clerk
Subject: Comment for City Council meeting
Date: Friday, October 6, 2023 10:40:13 AM
Attachments: Livermore 23-10-06.pdf
Dear Ms. Weber,
I have attached a letter to the City Council. Is it possible for the letter to be read during the public comment portion of this Monday's City Council meeting?
Is there a different
method that I need to use to have the letter read?
Many thanks,
Rabbi Larry Milder
--
Rabbi Laurence Elis Milder, Ph.D.
Congregation Beth Emek
3400 Nevada Court
Pleasanton, CA
94566
(925) 931-1055
Item 4.0
Public Comment Received
183
3400 Nevada Court, Pleasanton, CA 94566 925.931.1055 www.bethemek.org O
ctober 6, 2023
21 Tishrei 5784
M
ayor John Marchand
Livermore City Council
1052 S. Livermore Avenue
Livermore, CA 94550
D
ear Mayor Marchand,
On behalf of Congregation Beth Emek and members of the Jewish community, I thank you and the City Council for your swift and decisive action in response to the antisemitic and hateful remarks made at the September 25 meeting of the City Council. We are grateful that the city has made it clear that words meant to intimidate, denigrate, harass and strike fear among minorities will not be given an online platform.
Our congregation was founded in Livermore and counts numerous Livermore residents as members, myself included. We know that the hatred expressed by cowardly anonymous Zoom bombers does not represent the values of this community. We appreciate the public statement of inclusion and respect published by the City of Livermore.
Thank you for standing up for all of us. During this, the holiest season on the Jewish calendar, we give thanks for those who understand what it means to be allies and protectors of the common good.
G
ratefully yours,
R
abbi Dr. Laurence Elis Milder
Item 4.0
Public Comment Received
184
SUPPLEMNTAL MEMO
Date: October 4, 2023
To
: Mayor Marchand and City Council Members
F
rom: Marianna Marysheva, City Manager
Via: Tina Olson, Administrative Services Director
S
ubject: Revised Materials for Item 5.4 – Updating the SmartWave Technologies, LLC Agreement’s not-to-exceed amount in the staff report and resolution A
ttached is an updated resolution for this item. The staff report and resolution for this item incorrectly states the not-to-exceed amount for the SmartWave Technologies, LLC agreement. It should reflect the amount of $310,000 and not $300,000, as indicated in Exhibit A – Agreement.
Item 5.4
Revised Resolution
185
RE
SOLUTION NO. _________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RES
OLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH SMARTWAVE TECHNOLOGIES, LLC TO INSTALL
AND MAINTAIN A WIRELESS INTERNET INFRASTRUCTURE
THROUGHTOUT SEVERAL CITY FACILITIES IN AN AMOUNT
NOT-TO-EXCEED $310,000
The C
ity of Livermore’s (“City”) seeks to provide wireless Internet services at all of its publicly accessible buildings that meets the needs of the public and City staff. This project will remove all existing wireless hardware and replace it with a system built using a single hardware vendor on a cloud-based management platform.
The C
ity has selected SmartWAVE Technologies, LLC to provide the Ruckus Networks hardware and per the California Multiple Award Schedules (CMAS) Master Service Agreement 3-20-70-3218B.
NOW
, THEREFORE , BE IT RESOLVED by the City Council of the City of Livermore that it hereby:
1. Auth
orizes the City Manager to execute a general services agreement with SmartWAVE Technologies, LLC, attached hereto as Exhibit A, in an amount not-to-exceed $310,000.
2. Aut
horizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.
On motion of Council Mem ber _____, seconded by Council Member ____________, the foregoing resolution was passed and adopted on October 9, 2023, by the following vote:
AYES: COUNCI
L MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATT
EST: APPROVED AS TO FORM:
______
___________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
Deputy City Manager/City Clerk Assistant City Attorney
Ex
hibit A – Agreement with SmartWAVE Technologies, LLC and City of Livermore Item 5.4
Revised Resolution
186
From: Lori Souza
To: City Clerk
Subject: Public Comment for Item 7.1, October 9, 2023 Agenda Date: Thursday, October 5, 2023 3:13:15 PM
Honorable Mayor and City Council Members,
I've been a resident in Livermore since 1979, and I actively follow our fine city's interests. In regards to item 7.1 on the October 9, 2023 agenda, I endorse the staff's recommendation to poll the Livermore citizens to reaffirm our interests in preserving open space and the scenic corridor along 580.
This is an important matter and it appears that Dublin will be moving forward with an attempt to annex county lands that now separate Dublin from Livermore. It's critically important that as these matters progress you are fully informed about the preferences of our citizens on these topics.
I hope you will accept the recommendation from staff on item 7.1.
Sincerely,
Lori Souza
Item 7.1
Public Comment Received
187
Honorable Mayor and Councilmembers,
This letter is in response to Agenda Item 7.1. We thought it would be helpful to provide some additional context and information.
First, some context. As your staff alludes to in the report, Dublin is considering, as required by the Open Space Initiative of 2014, whether to ask the voters to authorize development east of the City limits. The initiative anticipated such a consideration occurring in 2024 as a means of funding the extension of Dublin Boulevard.
I would like to provide a quick background on the Initiative. The Initiative is codi�ied as Section 2.8 of the Dublin’s General Plan Land Use Element. The Initiative addresses, among other things, the areas covered, the establishment of the urban limit line, permissible uses, areas of special environmental concern, along with visual safeguards, implementation and enforcement, as well as amendments. In general, it prevents development outside the Dublin’s current boundaries. Under the permissible uses, though, it provides for the study of commercial development along the extension of Dublin Boulevard, allowing the Dublin City Council to consider whether commercial development is needed to fund the construction or maintenance of the extension. The General Plan acknowledges that the provisions added by the initiative may only be changed by the voters. Hence, voter support is needed to amend this portion of the Dublin General Plan.
The City of Dublin, like the City of Livermore, has great interest in seeing Dublin Boulevard extended to North Canyons Parkway. This is an expensive and needed improvement for the cities, and it will also serve the region by relieving I-580. The report mentions the overall costs of constructing the extension, but it neglects to mention that the City of Livermore is obligated to fund approximately $27 million of the cost. The Cooperative Agreement between the cities requires the cities to split the costs of the portion of the extension that is within the unincorporated area (the Crosby property).
Dublin’s objective in considering non-residential, business park development of the Crosby property relates to reducing the cost of the extension. The City of Dublin has formally committed $80 million towards its share of the funding of the extension, including advancing all the mitigation costs associated with the Crosby property (including Livermore’s portion) and is actively engaged with ACTC on the design development work. The development of Item 7.1
Public Comment Recieved
188
the Crosby property would avoid the costs of acquiring land for the portion of the roadway on the and avoid the costs of habitat and species mitigation.
The report suggests that including the entire Crosby property in the Livermore’s sphere is necessary to maintain the greenbelt buffer around the community. But Livermore’s General Plan acknowledges that much less would be suf�icient. An implementation measure in the Community Character Element states:
(a) Doolan Canyon: Provide 200 +/- wide view corridor at approximately 90 degrees from I-580. (Most of this corridor is presently outside City limits.) This corridor would require clear areas at approximately I-580 viewing elevation.
The Crosby property from east to west is nearly 3,000 feet. Dublin is certain that implementing a 200-foot-wide view corridor can easily be addressed through continued discussions between Dublin and Livermore.
But before any of this can occur, the Open Space Initiative of 2014 requires the City of Dublin to study the commercial development of the Crosby property, which is what is occurring now. To be clear, the development of the Crosby property (in any circumstance) would be limited to the areas directly north and south of the extension. Approximately 100 acres of the estimated 180-acre property would become permanently protected open space north of the new road.
The Dublin City Council also asked the property owner, and the property owner agreed, to poll Dublin residents to determine whether there’s interest (or not) in amending its General Plan. The results of this poll are still pending. Before making any application to LAFCO on annexation, the voters in Dublin must �irst decide if they are interested in amending the Initiative (Section 2.8 of the General Plan). That’s when the real work begins between the two agencies.
The report also mentions that the City of Livermore staff approached Dublin staff seeking an agreement to “protect our different interests” in the Crosby property and that I indicated that I "do not have City Council authorization for such an agreement.” While I did not have the authority to reach agreement when I was approached, I am always available to discuss mutually bene�icial arrangements between the cities. I would have preferred to avoid publicizing those diplomatic discussions. I also think it is worth pointing out that, in those discussions, Livermore staff, unlike in the LAFCO survey, proposed to split the Crosby Property at the Cottonwood Creek boundary between the two cities.
Both cities can do what they want, but Dublin thinks there is some value in working together to do the following:
• Honor the vision for protecting and preserving Doolan Canyon, wildlife habitat and open space;
• Reduce barriers for transportation, particularly the traf�ic burdens our residents face by being forced to take I-580;
Item 7.1
Public Comment Recieved
189
• Create additional economic opportunities for residents to work locally, easing commute burdens; and
• Reduce our collective �inancial obligation to build the Dublin Boulevard extension to North Canyons Parkway.
We believe the Crosby property’s future is a key part of that discussion. We hope Livermore agrees.
The extension will be built, and it will need to be maintained. Development pressures will exist and intensify over time, and the cities of Livermore and Dublin should both bene�it, �inancially and economically, from a new transportation corridor. We should not downplay the economic importance of the extension to the entire Tri-Valley region, as it will open approximately 5.3 million square feet of new development, add close to 14,000 permanent new jobs, bring more industries, and address the lack of a continuous I-580 reliever route from Dublin to Livermore along the north side of I-580. We stand ready to work together after we follow our necessary steps as part of the Open Space Initiative of 2014.
Sincerely,
Linda Smith
City Manager
City of Dublin
Item 7.1
Public Comment Recieved
190
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 Link to Meeting Agenda
Council Member
Barrientos 10/8/2023 Filipino Fiesta Filipino Fiesta
Visited several vendors
watch a martial arts
demonstration
Council Member
Barrientos 10/8/2023 Heritage Guild Celebration
Attended the 50th
anniversary of the
Heritage Guild. We
were treated to a quick
history of Livermore
and how the Guild was
created.
Item 8.0
Council Reports
191
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 Link to Meeting Agenda
Council Member
Branning 10/7/2023
LV Winegrowers
Association Wine Auction
Council Member
Branning
10/2/2023 LAVTA
Projects and Services
Committee meeting
Council Member
Branning 9/20/2023 Cal Cities
League of California
Cities Annual
Conference
Council Member
Branning 9/19/2023
Livermore Downtown
Inc Monthly Board Meeting
Council Member
Branning 9/13/2023 Daybreak Labs
Grand
Reopening/Ribbon
Cutting
Council Member
Branning
9/13/2023 LPD Swearing in Ceremony
Council Member
Branning 10/4/2023 Youth Build Graduation Ceremony
Council Member
Branning
10/1/2023 Fertile Groundworks Taste of Giving dinner
Council Member
Branning
9/12/2023 Rebecca Bauer-Kahan
Town Hall at Livermore
Library
Item 8.0
Council Reports
192
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 Link to Meeting Agenda
Council Member Carling 9/26/2023
Advisory board
interviews
Council Member Carling 9/27/2023 StopWaste board meeting Council Member Carling 9/27/2023
Tri-Valley cities council
dinner
Council Member Carling 9/28/2023 Chamber of Commerce LivValBiz awards Council Member Carling 10/5/2023 TVNPA bridging the gap Item 8.0
Council Reports
193
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 Link to Meeting Agenda
Mayor Marchand 9/27/2023 Chamber of Commerce Board Meeting Reported on City
activities and received
an update on the
upcoming Chamber golf
tournament.
Mayor Marchand 9/27/2023
Local Agency Formation
Commission (LAFCo)
Measure D
Subcommittee Meeting
Discussion on land use
designations of
"resource
management" vs "Large
parcel agriculture".
Mayor Marchand 9/27/2023
Tri-Valley Council
meeting Informational updates
Received legislative
updates from Townsend
and Associates and the
League of California
Cities. Heard
presentations on the
availability of
counseling and mental
health services in the
region.
Item 8.0
Council Reports
194
Mayor Marchand 9/28/2023 Chamber of Commerce Awards program Participated in the
presentation of the
graduation certificates
for the Leadership
Livermore program.
Mayor Marchand 9/28/2023
Alameda County
Transportation
Commission Commission Meeting
Received legislative
updates and committee
reports. Closed session
on Executive Director's
performance review,
and approved salary
adjustment.
Mayor Marchand 9/30/2023 Sunflower Hill Recognition program The City of Livermore
was recognized for its
long-standing support
of Sunflower Hill and
the gardens at
Hagemann Ranch.
Mayor Marchand 10/3/2023 City of Livermore
Anniversary
presentation
Presented a Mayor's
Certificate of
Congratulations to
Maas Brothers Powder
Coating recognizing
their 25th Anniversary
in Livermore.
Item 8.0
Council Reports
195
Mayor Marchand 10/4/2023 Chamber of Commerce
Business Alliance
Meeting
Presented an update of
City activities, and
heard presentations
from Sally Allen from
the Livermore Lab
Foundation and Matt
Garrett from LLNL.
Mayor Marchand 10/4/2023
Livermore Cultural Arts
Council Business Meeting
Heard updates from the
other arts groups,
discussion on the
history of LCAC and the
future of the Bothwell
center for the arts.
Mayor Marchand 10/5/2023
Tri-Valley Nonprofit
Alliance Bridging the Gap
Panel Discussion on
Poverty and
Homelessness
Mayor Marchand 10/5/2023
Bay Area Urba
Manufacturing/SFMade
Manufacturing Week
Kick-off Symposium
Provided a presentation
on the importance of
manufacturing in
Livermore. Said
SFMade CEO, Linda
Becker, "I keep being
inspired by what you
and the City of
Livermore are doing on
the manufacturing
front".
Item 8.0
Council Reports
196
Mayor Marchand 10/7/2023 City of Livermore
Presentation/Ribbon-
cutting
Presented a Mayor's
Certificate of Welcome
to the Learning Wheel
Pre-school
Mayor Marchand 10/7/2023 City of Livermore Airport Open House Provided welcome
comments and toured
the field.
Mayor Marchand 10/7/2023
Livermore Winegrowers
Association Foundation Fundraiser
Supported the event
which provides funding
for several local
nonprofits.
Mayor Marchand 10/7/2023 Shepherd's Gate
Fundraiser for
Shepherd's Gate, one of
the region's five
shelters in the Tri-Valley
for the disadvantaged,
homeless and abused.
All five are in Livermore,
even though there is a
need in all of the cities.
Received an update on
the new programming
and heard from several
of the over 14,500
women who have
benefited from their
programs over the past
39 years.
Mayor Marchand 10/8/2023
Livermore Fil-Am
Association/Livermore
Valley Arts Filipino Barrio Fiesta
Celebration of Filipino
music, dance, food and
culture.
Item 8.0
Council Reports
197
198
CITY COUNCIL STAFF REPORT
ITEM NO. 10.2
DATE:
October
9, 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
Assistant City Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
199
Item Name Comment
7.1) Discussion of staff's response to the Municipal
Services Review Survey administered by the Alameda
County Local Agency Formation Commission
including a proposed amendment to Livermore's
Sphere of Influence; and direction on conducting a
citywide poll to reaffirm Livermore's interests to
preserve open space and scenic corridor above
highway 580.
Alan Marling
Any survey sent to city residents should represent solar farms as a preferred use for agricultural lands. Agrivoltaics is the s ynergistic combination of solar panels with agriculture. Livestock can help keep the ground beneath panels clear of overgrowth. Panels can reduce soil temperature, reducing water use for crops. Further, green growth beneath panels can reduce their temperature and increase energy yields. Finding which crops and which solar configuration work best together is an exciting field of study. For an introduction on the subject you can read the 2023 paper titled , Potential of agrivoltaics systems into olive groves in the Mediterranean region.
Pastoral scenes of farmland and grazing animals is pleasing to the eye, traditionally. Seeing solar panels harvesting clean ene rgy for a sustainable future will also bring serenity and relief to those having to live through the climate crisis. Alan, Livermore Resident
Item 7.1
eComment Received
200