Agenda packet — Livermore City Council, October 23, 2023 (part 2 of 2)

EXHIBIT B

INSURANCE REQUIREMENTS

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

1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

3. Workers’ Compensation and Employer's Liability:

Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability.”

4. Professional Liability/Errors and Omissions:
$1,000,000 per claim. Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.

Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:

VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Livermore, its officers, officials, employees, and designated DocuSign Envelope ID: 761B4B81-20FE-4F6E-A6BF-5549D1A20E19

EXHIBIT A
289
Revised 3/10/23 B16 – 2M E&O

Page 2 ends

volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant/Contractor; or automobiles owned, leased, hired or borrowed by the Consultant/Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.

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

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

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

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

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

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

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

DocuSign Envelope ID: 761B4B81-20FE-4F6E-A6BF-5549D1A20E19

EXHIBIT A
290

CITY COUNCIL STAFF REPORT
ITEM NO. 5.11

DATE:

October 23, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing execution of the second amendment to the agreement with Ruggeri-Jensen-Azar for on-call engineering design services increasing the not-to- exceed contract amount from $1,200,000 to $1,800,000 and extending the term of the agreement one year to December 31, 2024.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute the second amendment to the agreement with Ruggeri-Jensen-Azar for on-call engineering design services increasing the not-to-exceed contract amount from $1,200,000 to $1,800,000 and extending the term of the agreement to December 31, 2024.

SUMMARY
This second amendment with Ruggeri-Jensen-Azar provides on-call engineering services for civil engineering design, structural analysis, subsurface engineering, surveying, right of way and construction staking, and appraisals, as well as preparation of civil engineering maps, legal descriptions, storm water prevention plans, and assorted general drafting services in connection with a variety of City capital improvement projects and miscellaneous development projects. This second amendment increases the not-to-exceed contract maximum from $1,200,000 to $1,800,000 and extends the term of the agreement to December 31, 2024.

DISCUSSION
On January 14, 2021, the City entered into an engineering services agreement with Ruggeri-Jensen- Azar to provide on-call engineering services for a two-year term. The original agreement was amended once to provide additional design services. The first amendment increased the amount of the agreement by $600,000 to a total amount of $1,200,000. This second amendment provides additional on-call engineering services.

Ruggeri-Jensen-Azar has been instrumental in providing on-call engineering support in a wide variety of tasks. These tasks include, but are not limited to, potholing and locating subsurface utilities for sewer 291
replacement projects, providing Certified Access Specialist (CASp) services, sidewalk and Americans with Disabilities Act (ADA) design, Caltrans permitting for street resurfacing projects, a feasibility study for the proposed South Livermore Valley sewer extension, and preparing various maps for downtown development.

The second amendment will increase the amount of the agreement by $600,000 to a total amount of $1,800,000. This amendment provides for on-call engineering design services for various projects in the Capital Improvement Plan. Potential projects include, but are not limited to, the following:

Downtown Landscape Rehabilitation, City Project No. 2005-12.

Iron Horse Trail - Downtown, City Project No. 2018-24.

Livermore Village Joint Trench, City Project No. 2021-19.

Stanley Blvd Median Improvements, City Project No. 2020-14.

Elaine Ave Median Landscaping, City Project No. 2023-24. 2022 ATP Bike Lane Improvements, City Project No. 2021-14.

In general, anticipated tasks include design, surveying, potholing, right-of-way, and accessibility assessment support on these projects.

FISCAL AND ADMINISTRATIVE IMPACTS

Funding for services rendered under this agreement will be derived from the various capital improvement projects in the approved Capital Improvement Program, developer fees for various development projects for which consultant services are required, and the engineering operating budget for miscellaneous consultant services. Therefore, no additional appropriation is necessary.

COMMUNITY PILLAR
5: A City That Works

GOAL
14: Develop, operate and maintain City’s infrastructure

ATTACHMENTS

1. Resolution

2. Exhibit A - Ruggeri-Jensen-Azar Second Amendment

Prepared by: Saurabh Nijhawan
Associate Engineer

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO THE

ENGINEERING SERVICES AGREEMENT WITH RUGGERI-JENSEN-AZAR FOR ON-

CALL ENGINEERING DESIGN SERVICES INCREASING THE NOT-TO-EXCEED CONTRACT AMOUNT FROM $1,200,000 TO $1,800,000 AND EXTENDING THE

TERM OF THE AGREEMENT FOR ONE YEAR
On January 14, 2021, the City of Livermore (“City”) entered into an engineering services agreement with Ruggeri-Jensen-Azar for on-call civil engineering design services. The original agreement was first amended to provide additional design services.

The first amendment increased the amount of the agreement by $600,000 to a total amount of $1,200,000 and extended the term of the agreement to December 31, 2023.

The second amendment will provide additional on call engineering design services in the amount of $600,000, increasing the total contract amount from $1,200,000 to $1,800,000 and extending the term of the agreement to December 31, 2024.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager to execute a second amendment to the engineering services agreement with Ruggeri-Jensen-Azar for on-call engineering design services, attached hereto as Exhibit A, increasing the not-to-exceed contract amount from $1,200,000 to $1,800,000 and extending the term of the agreement to December 31, 2024.

On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on October 23, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
Deputy City Manager/City Clerk Assistant City Attorney
Exhibit A – Ruggeri-Jensen-Azar Second Amendment
293
Amendment – Engineering Services Page 1
Rev. 08/2020

SECOND AMENDMENT TO

ENGINEERING SERVICES AGREEMENT

THIS SECOND AMENDMENT, is made and entered into this ____ day of ________, 2023, by and between the City of Livermore, a municipal corporation (“City”), and Ruggeri-Jensen-Azar, a California Corporation (“Consultant”).

RECITALS

On January 14, 2021, City and Consultant entered into an agreement for Consultant to provide engineering design services for o n-call plan and specification preparation, engineering anlysis, stormwater plan preparation, surveying, mapping, structural evaluation, utility location, and right -of-way assistance for City (“Original Agreement”). Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

On May 26, 2022, City and Consultant entered into a first amendment to provide additional on-call engineering services as specified in the Original Agreement, increase the Consultant’s compensation by $600,000, and extend the Term of the Agreement by one year to December 31, 2023 (“First Amendment”).

City and Consultant desire to amend the Original Agreement and First Amendment to provide additional on-call engineering services as specified in the Original Agreement, increase the Consultant’s compensation by $600,000, and extend the Term of the Agreement by one year to December 31, 2024. This is the Second amendment to the Original Agreement.

AGREEMENT

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

1. The Original Agreement is amended as follows:

A. Subparagraph (a) of Section 6, “Compensation and Payment,” of the Original Agreement is deleted and replaced with the following:

(1) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $1, 800,000 ("not -to-exceed amount").

City shall compensate Consultant for the Services rendered during 2021 and 2022 at the hourly rates, task amounts, or travel expenses set forth in Exhibit “A” of the Original Agreement up to the not-to-exceed amount. City shall compensate Consultant for the Services rendered during 2023 through the effective date of the Second Amendm ent at the hourly rates, task amounts, or travel expenses set forth in Exhibit “A -1” of the First DocuSign Envelope ID: EB379F23-716B-44DC-97E8-91E3F72F4B2E

EXHIBIT A
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Amendment – Engineering Services Page 2
Rev. 08/2020
Amendment up to the not -to-exceed amount. City shall compensate Consultant for the Services rendered during the remainder of 202 3 and 2024 at the hourly rates , task amounts, or travel expenses set forth in Exhibit “A-2” of the Second Amendment up to the not -to-exceed amount.

Except as provided in the body of this Agreement, the hourly rates, task amounts, or travel expenses are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any -and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.

B. Section 7 of the Original Agreement is amended to read as follows:

7. Term. The term of this Agreement commences on the Effective Date and terminates upon the depletion of funds or December 31, 2024 , whichever occurs first.

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

3. Except as amended above, the Original Agreement and First Amendment remain in full force and effect.

[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: EB379F23-716B-44DC-97E8-91E3F72F4B2E

EXHIBIT A
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Amendment – Engineering Services Page 2
Rev. 08/2020
In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement effective on the date first written above.

CONSULTANT: Dated:

____________________________ ___________________________ By: Eddie Sieu
Title: Principal In Charge

CITY OF LIVERMORE: Dated:

____________________________ ____________________________ Marianna Marysheva
City Manager

APPROVED AS TO FORM:

___________________________
Assistant/City Attorney

APPROVED AS TO INSURANCE:

Risk Manager/Analyst

Attachments: Exhibit A-2

DocuSign Envelope ID: EB379F23-716B-44DC-97E8-91E3F72F4B2E 7/21/2023 | 9:58 AM PDT

EXHIBIT A
296
g:\admin\forms\rate schedules\2023-2024 rate schedule for livermore oncall.docx EXHIBIT A-2

FEE SCHEDULE
for

RUGGERI-JENSEN-AZAR

HOURLY RATE SCHEDULE FOR PROFESSIONAL SERVICES
(Effective Jan. 1, 2023 through Dec. 31, 2024)
Classification
Rates
2023 2024
Senior Project Manager $267.00 $281.00
Project Manager $251.00 $264.00
Senior Engineer $239.00 $251.00
Associate Engineer $223.00 $235.00
Engineer $206.00 $217.00
Assistant Engineer $179.00 $188.00
Senior Technician $177.00 $185.00
Administrative Assistant $103.00 $107.00
Field Survey Manager $220.00 $232.00
2-Person Survey Crew $312.00 $328.00
Principal $272.00 $285.00

EXPENSE SCHEDULE

1. All outside expenses will be billed at actual Cost plus 15%, including:
• Delivery Service
• Reproduction
• Mileage- Auto
• Travel & Expenses

2. All Subconsultant fees will be billed at actual cost plus 10% up to $2,500 per Task Order.

3. All outside Agency fees will be billed at actual cost plus 10%.

DocuSign Envelope ID: EB379F23-716B-44DC-97E8-91E3F72F4B2E

EXHIBIT A

EXHIBIT A
297

CITY COUNCIL STAFF REPORT
ITEM NO. 5.12

DATE:

October 23, 2023
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution authorizing execution of an agreement with Avenu Insights & Analytics, LLC for business license and tobacco retail license services in an amount not-to-exceed $450,000 for administration services and $250,000 per account for discovery/recovery and deficiency audit services.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Avenu Insights & Analytics, LLC for business license and tobacco retail license services in an amount not-to-exceed $450,000 for administration services and $250,000 per account for discovery/recovery and deficiency audit services, for a term of three years with two one-year renewal options.

SUMMARY
The City outsourced business license and tobacco retail license administration beginning in 2020. This agreement will allow the City to continue to outsource those services to Avenu Insights & Analytics, LLC (Avenu) for a term of three years.

DISCUSSION
The business license and tobacco retail license programs are an important customer service touch point with the City's business community and yield vital information and revenues. Business license tax provides roughly $10 million of General Fund revenue annually. The tobacco retail license program encourages responsible tobacco retailing and discourages violations of tobacco related laws, especially those that prohibit sale of tobacco products to minors. Avenu’s revenue management service is anticipated to (1) improve customer service through use of the latest technologies and best practices, (2) increase revenues through business-friendly education and compliance practices, and (3) reduce the cost of business license administration due to economies of scale. In addition, Avenu has municipal experience with 250 California government clients.

The business license and tobacco retail license services that Avenu provides fall into two categories. The 298
first category is administration services. Services in this category include new account, renewal and payment processing. Businesses have access to Avenu license specialists via phone, email, mail, fax and an online business support center. Licenses are valid for one calendar year, requiring a compact three-month annual renewal process. Currently, the cyclical nature of the renewal process makes staffing difficult and negatively impacts customer service. Avenu’s business support center is staffed with multiple license specialists who will be able to absorb this peak renewal period while continuing to provide high quality customer service. This category of work will cost $15,000 for a one-time registration portal setup fee plus $16 per new registration or processed account. There is an option for two 1-year renewals with an annual price increase of 5% at the beginning of each term.

The second service category is discovery/recovery and deficiency audit services which will provide an opportunity to increase license revenue. Discovery/recovery services are designed to identify entities subject to licensure/taxation that are not currently registered or otherwise non-compliant. Deficiency audit services are designed to identify businesses that are registered but not properly reporting or paying the correct amounts. Avenu’s service is designed to increase revenues and compliance while maintaining a business-friendly education focused approach. The cost for discovery/recovery and deficiency audit services is a tiered contingency fee of 35% of the first $100,000 in recoveries, 25% of recoveries > $100,000 up to $300,000 and 20% of recoveries >$300,000. There is a cap of $250,000 per account.

FISCAL AND ADMINISTRATIVE IMPACTS

The proposed not-to-exceed contract amount over a three-year term for license administration services is $450,000 and represents the fee of $16 per account. This cost accounts for the current level of approximately 8,000 licenses plus new licenses anticipated to be generated from discovery services.

License administration services provided include database management, business support center and processing of renewals, new accounts, and payments. Since the fee is based on the number of licenses processed each month, expenditures will rise/fall in line with revenues providing better matching of license revenue and expenditures by period throughout the fiscal year.

The proposed annual administration services cost of $150,000 is offset by savings of in-house expenditures including wages/benefits, software, postage and supplies. Avenu provides database management so maintenance of license software will not be a City responsibility. In addition, the discovery/recovery and deficiency audit services will provide an opportunity for increased revenue. This service is on a tiered contingency fee basis with a cap of $250,000 per account. The cost of the proposed contract with Avenu is included in the City's FY 2023-24 and FY 2024-25 budget.

COMMUNITY PILLAR
5: A City That Works

GOAL
17: Ensure effective use of public resources

ATTACHMENTS

1. Resolution

2. Exhibit A - Avenu Insights and Analytics LLC Agreement

299
Prepared by: Ann Furtado
Accounting Supervisor

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES

AGREEMENT WITH AVENU INSIGHTS & ANALYTICS, LLC FOR BUSINESS

LICENSE AND TOBACCO RETAIL LICENSE SERVICES IN AN AMOUNT NOT-TO- EXCEED $450,000 FOR ADMINISTRATION SERVICES AND $250,000 PER

ACCOUNT FOR DISCOVERY/RECOVERY AND DEFICIENCY AUDIT SERVICES The Finance Division for the City of Livermore requires a consultant to provide certain business license and tobacco retail license services to the City of Livermore (“City”). The City’s business license and tobacco retail license programs are an important customer service touch point with the City’s business community and yield vital information and significant revenue.

Beginning in 2020, the City outsourced business license and tobacco retail license administration. Executing an agreement with Avenu Insights & Analytics, LLC (“Consultant”) will allow the City to continue outsourcing these business license and tobacco retail license services.

Pursuant to the proposed agreement, Consultant will provide business license and tobacco retail license services to the City, including administration services (i.e., processing business license applications, renewals, and payments), discovery/recovery services (i.e., identifying entities that are not in compliance with business license and tax requirements), and deficiency audit services (i.e., ensuring appropriate collection and remittance of local taxes and fees). The term of the proposed agreement is three years, with two, one year renewal options.

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

1. Authorizes the City Manager, or her designee, to execute a professional services agreement with Avenu Insights & Analytics, LLC, attached hereto as Exhibit A, for business license and tobacco retail license services, in an amount not-to-exceed $450,000 for administration services and $250,000 per account for discovery/recovery and deficiency audit services, for a term of three years with two, one year renewal options.

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

On motion of Councilmember _______________________, seconded by Councilmember _____________________, the foregoing resolution was passed and adopted on October 23, 2023, by the following vote:
301
RESOLUTION NO. ________
AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Molly O’Toole
Marie Weber Molly O’Toole
Deputy City Manager/City Clerk Deputy City Attorney
Exhibit A – Professional Services Agreement with Avenu Insights & Analytics, LLC 302
Professional Services Agreement Page 1
Rev. 09/19/23

PROFESSIONAL SERVICES AGREEMENT
T
HIS AGREEMENT is made and ent ered into this day of , 2023, by and between the City of Livermore (“City”), a municipal corporation, and Avenu Insights & Analytics, LLC (“Consultant”),a Delaware limited liability company.

RECIT
ALS
C
ity requires professional services to provide Business License and Tobacco Retail License services , which include both A dministration and Discovery/Recovery/Deficiency Audit services.

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

GREEMENT
NO
W, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:

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

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

3. Description of Services. C onsultant shall provide the following professional services as more particularly set forth in Exhibit "A" (collectively “the Services”):

Bus
iness License and Tobacco Retail License services , which include both Administration and Discovery/Recovery/Deficiency Audit services.

4. Consultant’s Responsibilities. Consultant shall:
(
a) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;
(b) P
rovide the resources necessary to complete the S ervices in a timely manner;
(
c) Obtain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
DocuSign Envelope ID: DCAD926C-F994-40FF-B510-11C08212CF6A

EXHIBIT A
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Professional Services Agreement Page 2
Rev. 09/19/23

(d) Obtain and keep in effect all necessary licenses , permits, qualifications, insurance, and approvals legally and professionally required for Consultant to practice its profession and to provide the Services;

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

(f) Coordinate the Services with Ann Furtado, Accounting Supervisor (“Project Manager”), or such other person designated as the Project Manager by City;

(g) Be available to the Project Manager, and other parties referred to Consultant by the Project Manager, to answer questions or inquiries related to the Services;

(h) Only invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested. Consultant shall not submit an invoice to City more frequently than once a calendar month;

(i) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment.

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

(j) P repare and submit a written report to the Project Manager, within 3 business-days of the Project Manager’s written request, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services;

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

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

(l) If applicable, Consultant shall ensure that all work for compensation is provided in compliance with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages. If applicable, Consultant shall comply with all prevailing wage laws, such as sections 1773, 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the California Labor Code and any other applicable wage and hour law. If any violation of prevailing wage law associated with this Agreement is deemed to have occurred by any court or administrative authority, Consultant shall forfeit to the City, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each DocuSign Envelope ID: DCAD926C-F994-40FF-B510-11C08212CF6A

EXHIBIT A
304
Professional Services Agreement Page 3
Rev. 09/19/23
laborer, worker, or mechanic employed, paid less than the applicable prevailing rates for any work done to accomplish the purposes of this Agreement; and,

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

5. C
ompensation and Payment .

(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of the Administration Services outlined in Section 1 of Exhibit A, which SHALL NOT EXCEED the sum of $ 150,000 per year , and the tiered contingency fee for Discovery/Recovery/Deficiency Audit services outlined in Section 2.1 and Section 2.2 of Exhibit A, which SHALL NOT EXCEED the sum of $250,000 per account ("not-to-exceed amount"). City shall compensate Consultant for the Services rendered at the hourly rates, task amounts or travel expenses as set forth in Exhibit “A” up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts or travel expenses are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any -and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.

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

6. T
erm . The term of this Agreement commences on October 23, 2023, and terminates upon the completion of the Services or October 31, 2026, whichever occurs first. This is a 3-year term agreement, with an option for two 1-year renewals.

7. T
ermination by City. City may terminate any portion or all of the Services by giving Consultant at least 90 calendar-days written notice. Upon receipt of a termination notice, Consultant shall immediately stop all work in progress on the S ervices except where necessary to preserve the benefit of the work, and then assemble the work on the Services for delivery to City on the termination date. All compensation for Services performed prior to the termination date shall be payable to Consultant in accordance with Section 5.

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

9. C opyright and Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disc losed by Consultant to City and Consultant obtains a license to such items for the benefit of City. All licenses must be perpetual, DocuSign Envelope ID: DCAD926C-F994-40FF-B510-11C08212CF6A

EXHIBIT A
305
Professional Services Agreement Page 4
Rev. 09/19/23
world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.

10. C onfidentiality . Consultant shall not disclose any confidential or proprietary information received from City to anyone except Consultant’s employees who require access to the information to perform the Services. This obligation shall survive termination and remain in full force and effect until the information, and any copies thereof, are destroyed or returned to City.

11. D
efense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Consultant shall hold harmless, indemnify, and defend with counsel selected by the City or otherwise acceptable to the City, the City and its elected and appointed officials, officers, directors, employees, agents and designated volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services contemplated by this Agreement, or in connection with Consultant’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of City. Consultant’s obligations to hold harmless, indemnify, and defend shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City. However, the defense, indemnity, and hold harmless obligations in this section do not extend to claims solely challenging the validity of a tax enacted by the City and collected by Consultant on behalf of the City as part of the services contemplated by this Agreement. The City and Consultant will work collaboratively to separate any such claim challenging the validity of a tax from any other claims so that it does not interfere with the Consultant’s defense, indemnity, and hold harmless obligations in this section for any other claims. IN NO EVENT SHALL CONSULTANT, ITS EMPLOYEES,

CONTRACTORS, DIRECTORS, AFFILIATES AND/OR AGENTS BE LIABLE FOR ANY

PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SERVICES, WHETHER

LIABILITY IS ASSERTED IN CONTRACT OR TORT, AND WHETHER OR NOT

CONSULTANT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. IN ADDITION, CONSULTANT’S TOTAL LIABILITY HEREUNDER, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE TOTAL LIMITS OF CONSULTANT’S INSURANCE.

(
a) Modification for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Consultant’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.

(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Consultant’s duties to defend and indemnify shall DocuSign Envelope ID: DCAD926C-F994-40FF-B510-11C08212CF6A

EXHIBIT A
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only apply to the extent provided for in California Civil Code section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e).

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

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

13. A
cceptance of Final Payment. Consultant’s acceptance of final pay ment will release City from any and all claims and liabilities for compensation under this Agreement.

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

15. C
onflict of Interest . Consultant represents that no City employee or official has a financial interest in Consultant. Consultant shall not offer, encourage, or accept any financial interest in any part of Consultant's business by or from a City employee or official during the term of this Agreement or as a result of being awarded this Agreement. If any of the Services are paid by reimbursement from an agreement between City and a private party, Consultant represents that it has not performed any work for that private party during the 12-month period prior to the execution of this Agreement, and that it shall not negotiate, offer or accept any contract for services from that party during the term of this Agreement.

16. E
conomic Disclosure . Consultant shall comply with City’s local conflict of interest code and the Political Reform Act, and prepare and file an economic disclosure statement if the S ervices involve making, or participation in making, decisions which may have a material effect on the Consultants’ financial interest. While it is Consul tant’s sole responsibility to evaluate its conflict s of interest, the Consultant nevertheless agrees to prepare and file an economic disclosure statement if requested by City.

17. No
n -Exclusive Agreement. This is a non- exclusive agreement. City reserves the right to provide, and to retain other consultants to provide, services that are the same or similar to the Services described in this Agreement.

18. N
o Assignment . Consultant shall not assign or subcontract any of the Services without City’s prior written consent. For the purposes of this section, a change of fifty - percent or more in the ownership or control of Consultant constitutes an assignment.

19. R
emedies. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative, and the invocation of a right or remedy will not be construed to waive or elect a remedy with respect to any other available right o r remedy. As a condition precedent to commencing legal action involving a claim or dispute DocuSign Envelope ID: DCAD926C-F994-40FF-B510-11C08212CF6A

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against City arising from this Agreement, the Consultant must present a written claim to City in accordance with Chapter 3.42 of the Livermore Municipal Code.

20. C
onstruction of Language. T he terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Agreement with legal counsel. Any ambiguity in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and an attachment hereto, the language in the body of the Agreement controls.

21. E
ntire Agreement; Modification. T his Agreement supersedes all other agreements, whether oral or written, between the parties with respect to the Services.

Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is lost or destroyed, an arc hival copy maintained by City can be used in place of the original for all purposes with the same effect as if it was the original.

22. N
otice. Notices under this Agreement must be delivered to the addresses below by deposit in the United States mail or by overnight delivery service, with postage prepaid and delivery confirmation:

T
O CITY: Attention: Ann Furtado, Finance
City of Livermore
1052 S Livermore Avenue
Livermore, California 94550

TO CONSULTANT: Attention: Contracts Department
Avenu Insights & Analytics, LLC
5860 Trinity Parkway., Suite 120
Centreville, VA 20120
Email: [email protected]

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

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

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

26. E lectronic Signatures. By signing this document, you are agreeing that you have reviewed this disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and DocuSign Envelope ID: DCAD926C-F994-40FF-B510-11C08212CF6A

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disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.

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

********
*************************************************************************************

Signatures and Attachment List on the Next Page
DocuSign Envelope ID: DCAD926C-F994-40FF-B510-11C08212CF6A

EXHIBIT A
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Rev. 09/19/23
In c
oncurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date first written above.

CONSUL
TANT: Dated:
_________
___________________ ___________________________
James Barkman
CFO
CIT
Y OF LIVERMORE: Dated:
_________
___________________ ____________________________
Marianna Marysheva
City Manager
APPRO
VED AS TO FORM:
_________
__________________
Deputy/Assistant/City Attorney
APPRO
VED AS TO INSURANCE:
_________
______________
Risk Manager/Analyst
At
tachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements
DocuSign Envelope ID: DCAD926C-F994-40FF-B510-11C08212CF6A 10/14/2023 | 5:08 AM PDT

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EXHIBIT A – STATEMENT OF WORK

This Statement of Work is incorporated in the Professional Services Agreement (“Agreement”) by and between AVENU INSIGHTS & ANALYTICS, LLC (“AVENU”) and CITY OF LIVERMORE, CA (“CLIENT”). In the Professional Services Agreement, Avenue is referred to as “Consultant” and Client is referred to as “City.”

1. BUSINESS LICENSE /TOBACCO RETAIL LICENSE ADMINISTRATION

SERVICES

St
atement of Work
The Business License/Tobacco Retail License (“TRL”) Administration Services offer a turnkey approach to ensure appropriate collection, deposit, recording, delinquency follow up, and reporting of the local license tax/fees. These services include all correspondence, forms, and other such services to ensure appropriate and timely remittance of the tax/fees.

1.1 Remittance Processing
• Taxes/fees Processed: AVENU will perform remittance processing for taxes /fees as designated by the CLIENT.
• Notification and Remittance: AVENU will provide individualized forms to all known licensed businesses (“Business(es))”). Businesses will remit payments as indicated in Attachment A, Distribution Confirmation, attached and incorporated herein by reference. Upon reasonable notice to CLIENT, AVENU may change the address for payments. Online filing and remittance using standard AVENU formatting is provided for the Businesses’ convenience.
• Deposit Process: Deposits are made to the extent that funds have been received, via Automated Clearing House of the amounts and to the designated recipients as instructed by the CLIENT for each type of tax/fee collected. Up to 15 times per month, no less than 10 times per month.
• Posting Process: A ccounts are posted with payment information captured in the AVENU revenue system. Additional information such as net sales, deductions, credit sales, measure of tax, name change, and address change is captured and added to the payment data and taxpayer master file (as determined necessary by AVENU). Late payments (postmarked by U.S. Postal Service after the due date) are invoiced at penalty amounts required by Sta te code. Under-payments are invoiced for remaining tax due plus any required penalties.
• Payments accepted: AVENU will provide tax or feepayers with the option to pay via ACH debit (electronic check ), paper checks ,ACH credit (upon approval) and credit card. A convenience fee in the amount of 3% -4% will be charged for credit card payment method to be passed through to businesses . AVENU’s payment platform is PCI compliant and adheres to stringent data security standards as an integral part of business operations.
• Business Support: AVENU will provide a toll -free support number and provide assistance Monday-Friday 8:00 am – 5:00 pm PST. Support inquiries will be handled in the order in which they are received. During peak volume and longer expected wait DocuSign Envelope ID: DCAD926C-F994-40FF-B510-11C08212CF6A

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times, taxpayers will be provided with an option to leave their number and receive an automated return call without losing their place in line or they may choose to remain on hold for the next available agent. Avenu will also provide support via email. Email requests will be responded to upon the order received.
• Changes to Attachment A: The CLIENT shall notify AVENU in writing immediately of all changes in amounts to be deposited into the accounts of designated recipients.

An amended Attachment A shall be prepared and executed by the Parties as soon as reasonably possible. In addition, AVENU shall provide documentation confirming each change under the preceding sentence with the first monthly report reflecting the applicable change. If the changes reflected in the monthly report do not properly reflect the intended changes of the CLIENT, then the CLIENT shall immediately notify AVENU and, th ereafter, AVENU shall take the steps necessary to ensure that designated recipients receive the amounts intended by the CLIENT.

1.2 Compliance Services
• T
axes Reviewed: AVENU will perform compliance services for taxes designated by CLIENT under Remittance Processing Services. AVENU will provide delinquency notification and follow -up. This includes correspondence, calls, and collection procedures and the related documentation. Delinquency policies and procedures will be applied consistently and within applicable tax laws. Unless otherwise directed by the CLIENT, AVENU will make reasonable efforts to collect taxes designated by the CLIENT hereunder. Where deemed reasonably appropriate accounts may be turned over to audit or third party collection.
• Conduct of Compliance Services :

To assure that all taxpayers are treated fairly and
consistently and all compliance services are performed in a similar manner, AVENU representatives who perform compliance services will use a similar compliance plan for each compliance service conducted. All funds due from compliance services will be remitted to CLIENT in the same manner as provided for pursuant to the Remittance Processing section above.

1.3 AVENU Deliverables

• Avenu will make available to the CLIENT with a cloud-based, self-service, interactive Government Services Portal. The interactive portal will provide access to reports and business information.
• AVENU will make available to CLIENT detailed online reporting, including detailed payment listing, daily/weekly/monthly reconciliation reports, etc. • AVENU will provide the CLIENT with reports via the online government services portal including, but not limited to, payment listings showing all taxes received related to net receipts reported, a general ledger distribution that corresponds to the CLIENT’s account numbers and all fees paid to AVENU. These reports are updated following each distribution and are immediately available.
• Avenu will provide Online filing and remittance portal using standard AVENU DocuSign Envelope ID: DCAD926C-F994-40FF-B510-11C08212CF6A

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formatting for the Tax or Feepayers convenience.
• As required Avenu will provide Online Registration/License Application and Renewal portal using standard AVENU formatting for the Tax or Feepayers convenience. • Create and maintain account database from CLIENT database and other sources. • Provide tax and license forms and instructions by mail and/or electronic methods, initiate calls to businesses, and send filing reminders • Receive data and input into administration system, batch forms/returns with payments, deposit checks, post to accounts and timely disbursement of funds. • Reconcile Returns and Initiate Compliance Efforts: reconcile filings and payments; verify accuracy of filing; apply late fees, penalties, or interest; identify underpayments and refer to compliance process
• AVENU will provide a toll-free support number and provide tax or feepayer assistance Monday-Friday 8:00 am – 5:00 pm PST. Tax or Fee payer support inquiries will be handled in the order in which they are received. During peak volume taxpayers will be provided with an option to leave their number and receive an automated return call without losing their place in line or they may choose to remain on hold for the next available agent.
• Provide notification to all businesses who fail to include required documentation with their annual business license new/renewal application.
• Issue, print, and mail approved License to business.
• Send three (3) delinquency notifications to Businesses for first ninety ( 90) days after account becomes delinquent
• Provide authorized CLIENT staff access to the AVENU Government Service Center (GSC) portal license approval queue to view, approve and/or deny regulated li censes on hold pending departmental approval.

1.4 CLIENT Assistance
CLIENT shall assist AVENU prior to the start of work to be performed by providing necessary information and assistance to include, but not be limited to, the following:
• The m
ost recent registration to collect the tax or fee and returns for the time period requested as needed to compile a historical database for the period of the statute of limitations;
• All existing Tax or Fee records to be converted in a file format agreed to by AVENU and a time specified in the implementation plan.
• Provide a copy of all ordinances related to tax or fee administered. If applicable, provide most recent sales tax and business license registry and payment history for the prior three (3) years.
• Inform AVENU of any circumstances concerning current existing payees; • Inform AVENU of the development of new business developments or cooperatives • Cooperate in the transition by reviewing proposed processing and materials, offering comments and suggestions and providing timely approvals; • Undergo training in the use of online applications.

DocuSign Envelope ID: DCAD926C-F994-40FF-B510-11C08212CF6A

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• Provide authorization for AVENU to act as an agent of the CLIENT to accept Registrations, Applications, Tax Returns, payments and to pursue compliance/collection efforts.
• Provide notification of payment receipt from non compliant entities identified within two (2) business days of receipt.
• Distribution Confirmation:

The CLIENT will fill in the account information requested on Attachment A and attach the same to the fully executed Agreement. Should there be any changes to the account or percentages in Attachment A, t he CLIENT shall immediately notify AVENU in writing of all changes in amounts to be deposited into the accounts of designated recipents.
• Changes to Attachment A : Th
e CLIENT shall notify AVENU in writing immediately of
all changes in amounts to be deposited into the accounts of designated recipients. An amended Attachment A shall be prepared and executed by the Parties as soon as reasonably possible. In addition, AVENU shall provide documentation confirming each change under the preceding sentence with the first monthly report reflecting the applicable change. If the changes reflected in the monthly report do not properly reflect the intended changes of the CLIENT, then the CLIENT shall immediately notify AVENU and, thereafter, AVENU shall take the steps necessary to insure that designated recipients receive t he amounts intended by the CLIENT.
• Tax or Fee Change Notification: In t
he event of any change to the tax or fee rates being
administered the CLIENT must provide notification ninety (90) days prior to the effective date of the change. Tax or fee changes in clude but are not limited to the following: rate increase, rate decreases, expiration of special tax districts, levy of new taxes, discontinuation of a current tax, modification of tax boundaries or creation of any special tax districts and/or events.
• CLIENT agrees to examine reports immediately. If no error is reported by the C
LIENT to AVENU within thirty (30) days, the statement will be deemed accurate.

2.1 DIS

COVERY/RECOVERY AND DEFICIENCY AUDIT SERVICES
Objectives and Methods
Discovery/Recovery Services are designed to provide a full -service solution to the CLIENT’S designated tax or fee enforcement procedures. It does not replace current functions but provides a focused solution to the identification of entities subject to tax ation and/or registration by the CLIENT, which are not properly registered, or otherwise not reporting taxes and/or fees to the CLIENT. In performing the Discovery/Recovery Services, AVENU shall:
• Establish a comprehensive inventory of the entities subject to taxation by the CLIENT and the database elements needed to facilitate a comprehensive comparative analysis with the CLIENT’S records of those entities that are properly registered. • Compare AVENU’S database of business records with the CLIENT’S records to identify potential non-reporting and non-registered entities subject to taxation. • For unregistered or non- reporting entities identified and confirmed, assist the entities, as necessary, to complete the CLIENT’S applicable registration and/or tax returns.

DocuSign Envelope ID: DCAD926C-F994-40FF-B510-11C08212CF6A

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• Invoice entities (including supporting documentation) on behalf of the CLIENT for the number of identified deficiencies, with payment to be remitted to AVENU. • Exhaust reasonable efforts to collaborate with the taxpayer in submitting registration and/or tax returns and payment correctly. Where deemed reasonably appropriate accounts may be turned over to audit or third party collection.
• Collect the number of identified deficiencies, together with required supporting documentation, and remit payment received to the CLIENT as agreed upon in the workplan. (AVENU shall follow the CLIENT’S business rules in collecting partial payments or the tax in full at the CLIENT’S direction.). • Provide call center open during normal business hours (8: 00 am – 5:00 pm PST) to assist entities with questions concerning application of the CLIENT’S taxes and reporting and remittance requirements.
• Educate entities regarding the CLIENT’S reporting requirements to prevent recurring deficiencies in future years.

AVENU Deliverables
Throughout the course of the agreement, AVENU will:
• Pr
ovide reports addressing each taxpayer who has failed to register and/or report appropriate taxes, penalties, interest, and any fees due. • Provide a detail payment listing showing all taxes and fees paid to Avenu. • Monitor and analyze the tax registry files of CLIENT no less than annually.

Re
mit payment to the CLIENT for funds received on behalf of the CLIENT no less than once per month on or before the tenth (10th) day of the month following collection.

CLIENT Assistance
CLIENT shall assist AVENU by providing necessary information and assistance to include, but not be limited to, the following:
• the most recent registration to collect the tax and returns for the time period requested as needed to compile a historical database for the period of the statute of limitations;
• all existing, License and Tax records to be converted in a file format agreed to by AVENU and a time specified in the implementation plan.
• Provide a copy of all ordinances related to sales tax, rental, hotel occupancy, loding tax, permits and or business registration.
• CLIENT agrees to examine reports immediately. If no error is reported by the CLIENT to AVENU within thirty (30) days, the statement will be deemed accurate.

DocuSign Envelope ID: DCAD926C-F994-40FF-B510-11C08212CF6A

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2.2 DEFICIENCY AUDIT SERVICES
Objectives and Methods
AVENU's Deficiency Audit Service is designed to assist the CLIENT in maximizing local tax revenue due to the CLIENT through an examination of records and engagement of local taxpayers to ensure the appropriate collection and remittance of local taxes and fees.

Statement of Work
Audit Services
• Perform examinations of taxpayer records requested by CLIENT. • Provide CLIENT staff with a draft engagement announcement letter to be sent to each taxpayer requiring examination.
• In coordination with CLIENT staff, schedule, and conduct reviews at the business location or remotely of those taxpayers identified and authorized for examination. • Verify accuracy of filed tax returns or fee schedules. • Review, as needed, taxpayer’s bank statements, tax returns, general ledger accounts, and other books and records.
• For each error/omission identified and confirmed, submit substantiating documentation to designated CLIENT staff to facilitate collection of revenue due from taxpayers for pri or periods.
• Coordinate with designated CLIENT official(s) as needed to review findings and recommendations.
• Assist CLIENT in reviewing any matters submitted in extenuation and mitigation by taxpayers in contesting a deficiency determination; and • Prepare and document any changes to the review findings and provide revised tax amounts due to the CLIENT.

AVENU Deliverables
Audit Services
• Provide CLIENT staff with a draft Audit Announcement Letter to be sent to taxpayers subject to examination.
• For each error /omission identified and confirmed, submit a written report substantiating documentation to designated CLIENT staff to facilitate collection of revenue due from taxpayers for prior periods together with draft Notices of Deficiency Determination, and/or credit, or other letters as applicable.
• Prepare and document any changes to the review findings and provide revised tax amounts due to the CLIENT.
• Review any extenuation or mitigation submitted by taxpayers in contesting a deficiency determination and prepare draft response to CLIENT staff; and DocuSign Envelope ID: DCAD926C-F994-40FF-B510-11C08212CF6A

EXHIBIT A
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CLIENT Assistance
Audit Plan
• Client will provide AVENU with the records of those taxpayers authorized by CLIENT for examination.
• CLIENT agrees to return the signed authorization letter on CLIENT letterhead within thirty (30) days of the effective date of the agreement.
• CLIENT agrees to provide AVENU with its ordinances, codes, and tax rates within thirty (30) days of the effective date of the agreement, and notice of any changes thereafter in the ordinances, codes, and tax rates levied by the CLIENT.
• CLIENT agrees to timely sign subpoenas, as required.
• CLIENT agrees to timely sign Final Assessments, as required.

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3. CO

MPENSATION SCHEDULE
.

3.1 B

USINESS LICENSE/TRL ADMINISTRATION SERVICES
Bu
siness License/TRL Administration Services shall be provided for a one-time Business License Registration Portal of Fifteen Thousand Dollars ($15,000), and an annual fee of Sixteen Dollars ($16) per license renewal notification and for each new application processed and issued within the AVENU application. Annual fees will be invoiced upon completion of renewal notice process for each active account. Fees will be netted out of CLIENT’s revenue disbursement. If AVENU’s fees exceed CLIENT’s revenue, balance will carry forward until CLIENT’s balance is positive. Annual notifications will be provided for all businesses with a current license and or other activity that may indicate the business is responsible for purchasing a license. The total compensation payable by CLIENT to AVENU for Administration Services shall not exceed $150,000 per year.

PRICE ADJUSTMENT:

The annual fee associated with the Business License/TRL Administration Services are adjusted annually at the beginning of each Term of the Agreement by Five percent (5%).

3.2 CO

MPENSATION FOR DISCOVERY/RECOVERY AND DEFICIENCY

AUDIT SERVICES
AV
ENU’S compensation for the Discovery/Recovery and Deficiency Audit Services shall be a tiered contingency fee (not to exceed a fee of $250,000 per single account):
• 35% of 1st $100,000 in recoveries
• 25% of recoveries >$100,000 up to $300,000
• 20% of recoveries >$300,000
Th
e contingency fee for Dis covery/Recovery shall apply to the current license/fee year and/or period, all eligible prior period revenues collected, and any applicable penalties, interest, and late charges. The contingency fee is also due on all payments made direct to the CLIENT. The contingency fee only applies to revenue actually received by CLIENT.

The term “current license/fee year/period” shall mean the most recent year or period for which local license and/or fees are due and payable to CLIENT, and in which AVENU has identified deficiencies.

Th
e contingency fee for Deficiency Audit Services shall apply only to revenue actually received by the CLIENT as a result of deficiencies identified in the review and shall include any eligible prior period revenues together with all penalties, interest, and late charges. The CLIENT agrees to use reasonable and diligent efforts to collect deficiencies identified by AVENU.

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3.3 CO

MPENSATION FOR ADDITIONAL CONSULTING
CL
IENT may request that AVENU provide additional consulting services at any time during the term of this Agreement. If AVENU and CLIENT agree on the scope of the additional consulting services requested, then AVENU shall provide the additional consulting on a Time and Materials basis. Depending on the personnel assigned to perform the work, standard hourly rates range from Ninety dollars ($90) per hour to Three Hundred Fifty dollars ($350) per hour.

The
se additional consulting services will be invoiced at least monthly based on actual time and expenses.

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ATTACHMENT A
Distribution Confirmation
DATE
CLI
ENT Name
CLIENT Address
CLIENT City, State, Zip
Dear
CLIENT Contact Name,
Funds
will be distributed in the following accounts pursuant to this Agreement:

Agency Routing # Account # Distribution
%
Tax Type
City of
Livermore
071000288 062737424
100
BL/TRL
If
at any time there are any discrepancies between the schedule set out above and the CLIENT’s records, please notify us in writing immediately.

IS YOUR RESPONSIBILITY TO PROVIDE NOTICE TO US OF ANY CHANGES IN TAX RATES OR IN THE DISTRIBUTION OF FUNDS. NOTICE MUST BE IN WRITING AND SENT, VIA CERTIFIED MAIL, TO:

Ave
nu Insights & Analytics, LLC
600 Beacon Parkway West, Suite 900
Birmingham, AL 35209
Attn.: Connie Taylor, Client Relations Manager
Thank you for your assistance. If you have any questions, or if I may be of assistance, please let me know.

Connie Taylor, Client Relations Manager
Avenu Insights & Analytics, LLC
Phone: 213-246-2445, Fax: 205-423-4097
E-mail: [email protected]
I have reviewed the above distribution and verify that it is correct.

CLIENT Name
By: ________________________________________________
Name: __Ann Furtado_________________________________________ Title: __Accounting Supervisor________________________________________ DocuSign Envelope ID: DCAD926C-F994-40FF-B510-11C08212CF6A

EXHIBIT A
320
Revised 6/22/2018 B18 – 1M Cyber

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EXHIBIT B

INSURANCE REQUIREMENTS

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

1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$5,000,000 per occurrence/$10,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

3. Workers’ Compensation and Employer's Liability:

4. Cyber and Professional Liability/Errors and Omissions:
$3,000,000 per claim. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant/Contractor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

5. Crime: $2,000,000 per claim.

Deductibles and Self-I
nsured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:

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EXHIBIT A
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VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Livermore, its officers, officials, employees, and designated volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant/Contractor; or automobiles owned, leased, hired or borrowed by the Consultant/Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.

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

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

EXHIBIT A
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forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.

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EXHIBIT A
323

CITY COUNCIL STAFF REPORT
ITEM NO. 5.13

DATE:

October 23, 2023
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution authorizing execution of a purchase order with Asana, Inc. for the purchase of 250 Asana Enterprise Licenses in an amount not-to-exceed $219,000.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing execution of a purchase order with Asana, Inc. for the purchase of 250 Asana Enterprise Licenses in an amount not-to-exceed $219,000.

SUMMARY
The City of Livermore (City) currently utilizes the “basic” licensing model available from Asana, Inc (Asana) Project Management Platform. This purchase will upgrade the City’s license to enable all advanced features that the City is looking to implement.

Asana’s service is a subscription model that is agreed to yearly and paid monthly, and this purchase will cover a 2-year period from 10/26/23 – 10/25/25.

DISCUSSION
The City currently utilizes the “basic” licensing model available from Asana to (1) assign projects to staff, (2) set-up project tasks, milestones, and due dates, (3) share project related documents, (4) monitor project deliverables, and (5) develop progress reports. As the City’s use of the platform has evolved, several features that would complement the City’s needs were found to only available with the enhanced licensing model, the “enterprise” license that Asana offers.

Senior staff from the City Manager's Office met with Asana to discuss their overall direction and upcoming projects and because of those discussions, decided to upgrade the licenses to take advantage of the “enterprise” licensing tier. This tier includes all the tools available in the Asana platform.

The City is already an Asana customer and this will not require any changes to the current subscription agreement. This purchase will add the enhanced functionality needed to continue to develop the Asana platform.
324

FISCAL AND ADMINISTRATIVE IMPACT

The not-to-exceed amount to upgrade the Asana licensing model to “enterprise licensing” is $219,000 for a 2-year agreement, $9,125/month, and runs from 10/26/23 through 10/25/25. Assuming the user count stays the same, there are no additional costs associated with this agreement. Adding users to the system will increase the costs proportionally.

All costs associated with the proposed contract are included in the current Information Technology Division’s budget.

COMMUNITY PILLAR

5. A City That Works

GOAL
11: Modernize key business systems and processes to increase efficiency and improve transparency

ATTACHMENTS

1. Asana Quote

2. Resolution

Prepared by: Steve Rodriguez
Assistant Administrative Services
Director

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE ORDER WITH ASANA, INC. FOR THE PURCHASE OF 250 ASANA ENTERPRISE LICENSES IN AN AMOUNT NOT-TO-EXCEED $219,000
On November 3, 2022, the City of Livermore (“City”) purchased a subscription for Asana business software which provided a “basic” licensing subscription model to assist with modernizing the City’s key business systems and to increase efficiency and improve transparency.

On March 2, 2023, the City purchased additional licenses adding an additional 75 subscriptions to the “basic” subscription.

The City currently utilizes the “basic” licensing model available from Asana to (1) assign projects to staff, (2) set-up project tasks, milestones, and due dates, (3) share project related documents, (4) monitor project deliverables, and (5) develop progress reports.

As the City’s use of the platform has evolved, several features that would complement the City’s needs were found available to only those with the enhanced licensing model, the “enterprise” license that Asana offers.

This purchase will add the enhanced functionality needed to continue to develop the Asana platform, and since the City is already an Asana customer, it will not require any changes to be made to the current subscription agreement.

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

1. Authorizes the City Manager to execute a purchase order with Asana, Inc. in an amount not-to-exceed $219,000.

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

On motion of Council Member _____, seconded by Council Member ____________, the foregoing resolution was passed and adopted on October 23, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Tara M. Mazzanti Marie Weber Tara Mazzanti
Deputy City Manager/City Clerk Assistant City Attorney
329

CITY COUNCIL STAFF REPORT
ITEM NO. 5.14

DATE:

October 23, 2023
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution accepting the FY 2022-23 Year-end Budget Report, allocating the General Fund budget surplus for various purposes, and appropriating additional budget to those funds that ended FY 2022-23 with expenditures in excess of budget.

RECOMMENDED ACTION

Staff recommends City Council adopt a resolution accepting the FY 2022-23 Year-end Budget Report, allocating the General Fund budget surplus for various purposes, and appropriating additional budget to those funds that ended FY 2022-23 with expenditures in excess of budget.

SUMMARY
The report summarizes the unaudited actual results of the financial activities from FY 2022-23, details allocations of the General Fund surplus, and appropriates funds to cover budget shortfalls in various funds.

DISCUSSION
The year-end budget report attached to the report as Exhibit A to the resolution, presents the results of operations from the FY 2022-23 Budget and recommends allocations of the General Fund surplus to various reserves. The combined unaudited General Fund balance is $91.5 million. Of that, $37.1 million are the operating reserves equal to 30% of operating expenses consistent with the City’s General Fund Reserve Policy. As described in more detail in Exhibit A, staff is recommending allocating the FY 2022- 23 General Fund surplus of $12.5 million to various purposes. In addition, staff is requesting supplemental budget appropriations of $851,533 from various funds to cover FY 2022-23 budget shortfalls. These allocations occur before the final audit to incorporate the allocations into the City’s balance sheet and Annual Comprehensive Financial Report (ACFR). Historically, the ending balances have not materially changed as a result of the audit.

As noted above, this information is unaudited. The audited information will be included in the City’s ACFR and will be presented to Council once the City’s independent auditor has issued its opinion on the ACFR which is expected to happen by December 31, 2023. If there are any differences in the financial 330
information presented in this report and the ACFR because of the audit, those changes will be highlighted for the Council at the time the ACFR is presented to the Council for acceptance.

FISCAL AND ADMINISTRATIVE IMPACTS

There is no direct fiscal impact in accepting the Year-end Budget Report for the year ended June 30, 2023. As described in Exhibit A, staff is recommending allocating $12.5 million of the General Fund surplus to various purposes and is recommending supplemental budget appropriations of $851,533 from various funds to cover FY 2022-23 budget shortfalls.

COMMUNITY PILLAR

5. A City that Works

GOAL

17. Ensure effective use of public resources

ATTACHMENTS

1. Resolution

2. Exhibit A - FY 2022-23 Year End Budget Report

3. Exhibit B - Summary of Allocations of FY2022-23 General Fund Surplus

4. Exhibit C - Appropriations to Cover Expenditures Over Budget

Prepared by: Tina Olson
Administrative Services Director

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION ACCEPTING THE FY 2022-23 YEAR-END BUDGET REPORT,

ALLOCATING THE GENERAL FUND SURPLUS FOR VARIOUS PURPOSES AND

AUTHORIZING SUPPLEMENTAL BUDGET APPROPRIATIONS FOR FUNDS THAT ENDED FY 2022-23 WITH EXPENDITURES IN EXCESS OF BUDGET
The Administrative Services Department’s Finance Division prepared and submitted to the City Council the year-end budget report for Fiscal Year 2022-23, attached to this resolution as Exhibit A. That report states the General Fund FY 2022-23 year-end surplus of revenues over expenditures is estimated to be $12.5 million. The report also identifies other funds that have expenditures in excess of their approved budgets.

Staff recommended the City Council allocate the estimated $12.5 million surplus as shown in Exhibit B, attached to this resolution, and authorize supplemental budget appropriations in the total amount of $851,533 as shown in Exhibit C, attached to this resolution, for twelve funds whose expenditures are over budget.

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

1. Accepts the Fiscal Year 2022-23 year-end Budget Report, attached hereto as Exhibit A;

2. Allocates the anticipated $12.5 million General Fund surplus as shown in Exhibit B, attached hereto; and:

3. Authorizes supplemental budget appropriations as shown in Exhibit C, attached hereto, from various funds to cover the identified FY 2022-23 budget shortfalls.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that the final audited information be presented to the City Council, highlighting any differences in the financial information presented in the report, attached hereto as Exhibit A, when the City of Livermore’s Annual Comprehensive Financial Report is presented to the City Council for acceptance before the end of the 2023 calendar year.

On motion of Council Member ___________________, seconded by Council Member __________________, the foregoing resolution was passed and adopted on October 23, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
332
RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Jason R. Alcala
Marie Weber Jason R. Alcala
Deputy City Manager/City Clerk City Attorney
Exhibit A – FY 2022-23 Year End Budget Report
Exhibit B -- Summary of Allocations of FY2022-23 General Fund Surplus Exhibit C -- Appropriations to Cover Expenditures Over Budget 333
1 City of Livermore
FY 2022-23 Year End Budget Report

SUMMARY
This report presents the results of operations from the FY 2022-23 Budget (Budget) and recommends allocations of the General Fund surplus. This information is unaudited. The audited information will be included in the City’s Annual Comprehensive Financial Report (ACFR) and will be presented to Council once the City’s independent auditor has issued its opinion on the ACFR which is expected to happen by December 31, 2023. If there are any differences in the financial information presented in this report and the ACFR because of the audit, those changes will be highlighted for the Council at the time the ACFR is presented to the Council for acceptance.

FINANCIAL STATEMENT
The recommendation ratifies Council’s actions since the last approved budget adjustment (on June 13, 2022) and allocates the General Fund surplus to various purposes as outlined in this report. The combined unaudited General Fund balance is $91.5 million. Of that, $37.1 million are the operating reserves equal to 30% of operating expenses consistent with the City’s General Fund Reserve Policy. In addition, as described in more detail below, staff is recommending allocating the FY 2022-23 General Fund surplus of $12.5 million to future purposes identified in Table 2. These allocations occur before the final audit to incorporate the amounts and purpose into the City’s balance sheet and ACFR. Historically, the ending balances have not materially changed because of the audit.

BACKGROUND
The year-end financial report (Report) summarizes the actual results of the financial activities for FY 2022-23 and details changes in reserves. The City’s Annual Comprehensive Financial Report (ACFR) is still in progress; therefore, the financial information included in this Report is based on unaudited figures. The audited information will be included in the ACFR once the City's independent auditor has issued its opinion. Any changes to the information presented in this Report because of the audit will be brought to Council’s attention at that time.

DISCUSSION
The following discussion addresses the General Fund followed by a summary of all other funds.

General Fund
As shown in Table 1, FY 2022-23 actual revenues were greater than the budget projected at mid-year by $11.7 million or 8.9%. Transfers in/out (net transfers) were $432,060 or 5.8% greater than the projected budget and operating expenditures were $638,701 or 0.5% less than the projected budget. Overall, inflows of cash exceeded outflows of cash by $11.9 million. In addition, capital expenditures and addition to reserves were approximately $243,779 and $262,970 less than projected respectively. The net result of the operating surplus plus reduced capital expenditures is a $12.5 million budget surplus. A detailed explanation of these variances is included in Tables 2, 3, 4 and 5 in this Report.

EXHIBIT A
334
2 Estimated General Fund Surplus: Table 1 above shows the sources and uses for the General Fund. At the end of FY 2022-23, the unaudited numbers show an estimated surplus of approximately $12.5 million - actual revenues less expenses.

As described in Table 2 below, staff is recommending allocating the $12.5 million surplus to various contractual services ($751,000), a 5% wage increase for sworn staff over 18 months to bring Livermore’s Police Officers’ salaries up to better match the current market, a 2% bonus for all other staff (excluding temporary employees) to recognize their outstanding contributions and to help off-set a 12% health benefit rate increases, $6 million to a Section 115 Pension Trust Fund that Council authorized creating at its October 9, 2023 meeting1, $3.3 million to cover FY 2023-24 and FY 2024-25 required operating reserves, and $183,975 remaining in unallocated reserves.

1 The $6 million Section 115 Pension Trust Fund will be included in the General Fund operating reserve and $6 million from the current operating reserve will be transferred to the capital reserves to be available for future capital project appropriations.

Projected
Budget
Projected
Actual Variance
Revenues 132,384,725$ 144,127,860$ 11,743,135$
Net Transfers (7,495,125) (7,927,185) (432,060) Operating Expenditures (118,860,637) (118,221,936) 638,701 Operating Surplus (Deficit) 6,028,963$ 17,978,739$ 11,949,776$ Capital Expenditures (1,154,112) (910,333) 243,779 Addition to Reserves (294,780) (31,810) 262,970 Total 4,580,071$ 17,036,596$ 12,456,525$
Table 1. General Fund Projected Budget to Actual
Revenues, Expenditures, and Transfers
General Fund
FY 2022-23

EXHIBIT A
335
3 General Fund Revenues: As described in Table 3 below, General Fund actual revenues were greater than the amended budget by $11.7 million or 8.9%. Table 3 presents the major revenue categories with a comparison of the projected budget versus actual revenues and the variance between the two. The following describes the significant variances.

Property Tax revenues are the General Fund’s largest revenue source, accounting for approximately 31% of total actual revenues. In FY 2022-23 actual property tax collections including all categories of property related taxes were $1.4 million more than the projected amount of $43.4 million.

Sales and Use Tax revenue is the General Fund’s second largest revenue source accounting for approximately 27% of the total actual revenues. FY 2022-23 actual sales and use tax revenue was $39.03 million which is just under projected amount of $39.05 million.

Other Taxes revenue category decreased by $1.3 million, which is primarily driven by a reduction in the real property transfer tax. This tax is collected when properties transfer ownership such as selling a home. The interest rate hikes over FY 2022-23 has dramatically slowed property sales.

Table 2. Summary of Allocations of FY 2022-23 General Fund Surplus FY 2023-24 Appropriations Amount
Contractual Services:

Grant Consultant $100,000
Enhanced Community Engagement 150,000
Tri-Valley Foundation 50,000
General Plan Consultant - Contract Amendment 226,000
Recruitment Efforts 20,000
East of Greenville Study 30,000
Citywide Compensation Study 75,000
Organizational Assessments 100,000
Labor Adjustments:
5% wage Increase - Sworn Staff (18-months, eff 1/1/24) 1,654,500 2% Bonus (minimum $2,000 1/1/24) - Everyone Else
(excluding Temporary Employees) 528,825
Pension Trust Fund 6,000,000
Total FY 2023-24 Appropriations $8,934,325
Reserves
Reserves Required for FY 23-24 and FY 24-25 Budget $3,338,225 Unallocated Reserves 183,975
Total Reserves $3,522,200
Total Estimated Surplus: $12,456,525

EXHIBIT A
336
4 Use of Money and Property increased by $1.8 million or 47.37% largely due to an increased interest income based on the higher interest rates over the year.

Charges for Current Services increased by $1.4 million due to an increase in Engineering Inspection and Filing fees as well as Plan Check fees as development that was expected in the subsequent year beginning earlier.

Other Revenue increased by $7.3 million which was primarily due to a claims settlement regarding prior business license fees in the amount of $6 million. Staff is proposing to allocate the $6 million to the newly created Section 115 Pension Trust Fund.

General Fund Expenditures. Actual General Fund operating expenditures were less than the projected budget by $638,701 or -0.5%. Overall expenditures, including capital expenditures and transfers out show an overall reduction of expenses by $877,829 or -0.7% Table 4 shows the major expenditure categories with a comparison of anticipated expenses from the amended budget to actual expenditures and the variance between the two. The following describes the significant variances.

Wages and Benefits expenses were greater than the projected budget by $2.0 million or 3.1% due increases in overtime and projected attrition savings were less than expected. The FY 2022-23 mid-year budget review was the first-time staff projected attrition savings. Staff will evaluate its projection methodology to develop a more accurate attrition savings projection.

Table 3. General Fund Revenues - Projected Budget vs. Actual Projected
Budget
Unaudited
Actual Variance
Property Taxes 43,435,815$ 44,792,324$ 1,356,509$ Sales & Use Taxes 39,047,000 39,032,166 (14,834) Franchise Taxes 6,203,000 6,386,599 183,599 Business License Taxes 9,472,000 10,184,707 712,707 Other Taxes 6,000,800 4,705,345 (1,295,455) Licenses & Permits 3,481,000 3,951,851 470,851 Fines & Forfeitures 355,000 394,263 39,263 Use of Money and Property 3,896,554 5,742,169 1,845,615 Intergovernmental Revenue 12,364,166 12,176,888 (187,278) Other Taxes in Lieu 7,980 8,004 24 Charges for Current Services 7,620,820 8,978,444 1,357,624 Other Revenue 500,590 7,775,100 7,274,510 Total Operating Revenue 132,384,725 144,127,860 11,743,135 Transfers In 922,919 495,511 (427,408) Total All Revenue 133,307,644$ 144,623,371$ 11,315,727$ FY 2022-23
General Fund

EXHIBIT A
337
5 Services and Supplies were $2.5 million or 4.9% less than the projected budget. Contractual services were $1.7 million less than the projected budget across all General Fund programs.

The Livermore Pleasanton Fire Department (LPFD) budget had a net surplus of $1.2 million associated with attrition savings, contractual services savings, and less retiree medical expenses. The City funds LPFD through its Services and Supplies budget There were other miscellaneous savings of approximately $221,000. These savings in the Services and Supplies budget helped cover the increase in comprehensive liability insurance which exceeded the projected budget by $621,015 because of premium increases.

Capital Outlay expenses were $114,968 less than projected, which is related to communication equipment budgeted in FY 2022-23 for the Police Department that was received in FY 2023-24.

The City recognizes purchases in the year in which the item is received.

Capital Expenditures were $243,779 less than projected primarily due to final expenses for the Civic Center Meeting Hall that were less than budgeted.

Transfer of Funds. As shown in Table 5, net transfers were $432,060 or 5.8% greater than the projected budget. Transfers from the Downtown Revitalization Fee and Library Foundation Grant did not occur as anticipated due to insufficient funds. The Low-Income Housing Fund transfer for staff time was completed as an accounting correction to reduce the expense in the General Fund and increase expense in the Low and Moderate housing fund to record the expenses in the proper fund. This year the transfer out to the LMD’s was also larger than expected due to staffing issues in the Maintenance Division that resulted in less work completed in the LMD’s as originally anticipated.

Table 4. General Fund Expenditures - Projected Budget vs. Actual Projected
Budget
Unaudited
Actual Variance
Wages and Benefits 63,601,644$ 65,615,203$ 2,013,559$ Services and Supplies 54,799,673 52,262,381 (2,537,292) Capital Outlay 459,320 344,352 (114,968) Total Operating Expenditures 118,860,637 118,221,936 (638,701) Capital Expenditure 1,154,112 910,333 (243,779) Transfers Out 8,418,044 8,422,695 4,651
Total all Expenditures 128,432,793$ 127,554,964$ (877,829)$ Expenditure Categories
FY 2022-23

EXHIBIT A
338
6 Table 5. Transfers In and Transfers Out - Projected Budget vs. Actual Projected
Budget Actual Variance
OPERATING TRANSFERS IN - From:

Traffic Impact Fee 63,995$ 62,794$ (1,201) Downtown Revitalization Fee 150,000 - (150,000) Low Income Housing Fund 252,424 - (252,424) Maintenance District L&LD 240,000 219,310 (20,690) Used Oil Grant - 5,046 5,046 Federal Grant - - - BJA - Bullet Proof Vest Reimbursement - - - CASP Cert & Training Fund 4,500 17,569 13,069 Gas Taxes 109,000 113,877 4,877
HHS - Federal Home Program 8,000 7,506 (494) Library Foundation Grant 25,000 - (25,000) Vasco Ace - Connector Rd 70,000 69,409 (591) OPERATING TRANSFERS OUT - To:

Stormwater (2,300,000)$ (2,300,000)$ -
2020 COPs Series B (Debt Service) (3,882,372) (3,877,962) 4,410 2022 COPs (Debt Service) (1,525,000) (1,483,859) 41,141 Horizons (509,258) (509,258) -
Maintenance District L&LD (201,414) (251,617) (50,203) Federal Grant - - - Net Transfers (7,495,125)$ (7,927,185)$ (432,060)$ Operating Transfers
FY 2022-23

EXHIBIT A
339
7 General Fund Balances and Allocations. Table 6 presents the proposed allocations to and changes in the General Fund Reserves from the General Fund balance. Actual Operating Reserves are $37.1 million or 30% of actual expenditures. The City’s policy is to maintain General Fund reserves equal to 30% of operating expenses. As previously noted, the $6 million allocated to the Section 115 Pension Trust Fund will be included in the Catastrophic Reserve which makes $6 million available to move to the Capital Reserves. Table 6 below increases the Capital Reserves by $6 million, equally allocated to the two Capital Reserve funds.

Approximately $20 million of the Capital Reserves has been allocated in the FY 2023-24 and FY 2024-25 Capital Improvement Program (CIP) budget. Thus, at the end of FY 2024-25, there should be $22.3 million in available Capital Reserves to fund future CIP projects. The $2.9 million allocations to be used in FY 2023-24 are the various contractual services, wage increases, and one-time bonus previously identified in Table 2.

Table 6. General Fund Balances and Allocations

FY 2022-23
Projected
Ending Total Fund Balance: $91,543,754
Nonspendable: 5,637,770
Operating Reserves:

Committed (Catastrophic Reserve 15%) $18,537,548
Assigned (Economic Reserve 13.5%) 16,683,793
Unassigned (Cashflow Reserve 1.5%) 1,853,755
Subtotal Operating Reserves
(30% of Operating Expenses and Debt Service) $37,075,096 Capital Reserves:

Infrastructure Repair & Replacement Reserve 25,325,000
CIP Reserves 17,049,363
Subtotal Capital Reserves $42,374,363
Total Reserves $79,449,459
Total Budget Surplus Appropriations for Use in
FY 2023-24 $2,934,325
Unassigned Fund Balance Required for FY 2023-
24 and 2024-25 Operating Reserve
Requirements $3,338,225
Remaining Unassigned Fund Balance $183,975

EXHIBIT A
340
8 The following tables include all the City’s other funds in their respective categories. Fund balances are based on unaudited actual revenues and expenditures.

Enterprise Funds As described in Table 7 below, the City’s Enterprise Funds showed an overall increase in total fund balances of $6.2 million or 5% compared to the budget. The following are the funds with significant variations.

The Airport Fund (F210) ended the year with a fund balance of approximately $1.4 million greater than projected. Revenues ended greater than projected by approximately $242,462.

Actual operating expenses resulted in savings of $847,093 and capital expenditures resulted in savings of $331,995 over projected amounts. There has been a delay in starting project 202017 Airport Geometry Improvements.

The Airport Grant Fund (F212) included $450,000 in expenses for project 202017 Airport Geometry Improvements. This project was delayed and not bid in FY 2022-23. The revenue projected were not realized due to the delay and expenses were minimal. Timing issues resulted in a negative fund balance of $17,444 as reimbursements for the grant were not received before staff closed the books.

The Stormwater Fund (F220) was estimated to have an ending fund balance of $512,894 but finished with an estimated fund balance of $252,551. There were more expenses in this fund due to the storm damage that occurred in January 2023.

The Sewer Fund (F230) ended the year with a fund balance of $22.4 million or $3.2 million greater than the budget. Revenues came in higher than expected by $1.8 million and expenditures were less than anticipated by $1.2 million. The expenditure savings were mainly in the following expense categories:
• Wages & Benefits through attrition equal to approximately $971,220 • Contract services of $235,546
The Water Fund (F250) ended the year with a fund balance of $10.6 million or $1.8 million greater than projected. Revenues were greater than expected by approximately $661,631.

Expenditure savings of approximately $1.2 million that were mainly in the following categories:
• Contract services of approximately $301,000
• Wages and Benefits of approximately $126,050
• Repair and Maintenance of approximately $95,060
• Utilities category of approximately $61,267
• Miscellaneous categories of approximately $541,265
• IT charges of approximately $71,431
The Water Connection Fund (F251) ended the year with a fund balance of $267,962 which is approximately $97,050 less than projected. Actual revenues were approximately $13,623 less than expected while operating expenses and capital expenses in project 201960 for Trevarno Rd were greater than originally projected by approximately $110,640. This project moved further along than expected over the year.

EXHIBIT A
341
9 Table 7: Enterprise Funds

Capital Project Funds as described in table 8 below, there was an overall decrease in total fund balances of $2.6 million or -3.2% compared to the budgeted total fund balances. The following are the funds with significant variances.

Developer’s Deposit (F302) did not receive revenues of $6,176 as was projected which resulted in an ending fund balance of ($5,900). Staff will look to correct this in FY 2023-24.

Tri-Valley Transportation Council 20% Fee (F321) ended the year with a fund balance $613,756 higher than projected. Revenues came in $51,266 less than projected. Capital expenses for projects 199238 and 199352 also were less than projected by $665,022 combined.

The Parking in Lieu Fee Fund (F335) did not receive revenues as was projected in the budget.

The actual expenses were less than projected leaving a fund balance that is approximately $9,300 larger than projected.

Transferable Development Credits (F339) projected $2.7 million of revenue to be received over this year with no expenses to offset the revenue. Unfortunately, actual revenue was only $1,109 resulting in a fund balance reduction of $2.7 million versus what was projected.

Sollid Waste and Recycling Fund (F344) was projected to end with a fund balance of $6.0 million. Actual revenues came in approximately $1.4 million less than projected as actual capital expenses were approximately $50,000 higher resulting in a fund balance of $4.6 million.

Fund
Beginning
Balance Revenues
Net
Transfers Expenditures
Capital
Expenses
Unaudited
Ending Fund
Balance
Projected
Ending Fund
Balance
Variance
Projected
Budget vs.

Actual
210 5,841,615$ 4,397,178$ (64)$ 2,725,009$ 46,288$ 7,467,432$ 6,045,943$ 1,421,489$ 212 - 3,398 - - 20,842 (17,444) 6,384,283 (6,401,727) 220 (20,219) 1,154,925 2,300,000 2,897,705 284,450 252,551 512,894 (260,343) 221 6,810,113 287,932 - - - 7,098,045 6,823,587 274,458 222 3,245,411 440,828 - - 363,516 3,322,723 3,057,036 265,687 230 20,013,762 30,632,056 (11,164,454) 17,113,837 - 22,367,527 19,137,982 3,229,545 239 34,766,919 553,522 9,000,000 237,686 3,833,959 40,248,796 36,297,801 3,950,995 241 12,533,223 725,691 (1,040,744) 48,463 1,599,834 10,569,873 9,218,007 1,351,866 242 5,217,805 39,998 3,205,198 3,205,198 - 5,257,803 5,285,788 (27,985) 250 10,069,361 18,165,826 (1,758,606) 15,880,746 - 10,595,835 8,755,721 1,840,114 251 936,160 65,949 (241,441) 65,228 427,478 267,962 365,012 (97,050) 259 22,786,103 372,835 2,000,000 175,176 254,060 24,729,702 24,034,587 695,115 122,200,253$ 56,840,138$ 2,299,890$ 42,349,048$ 6,830,427$ 132,160,806$ 125,918,642$ 6,242,164$

EXHIBIT A
342
10 Table 8: Capital Project Funds

Debt Service Funds as described in the table below, ending fund balances were approximately as projected.

Table 9: Debt Service Funds

Permanent Funds as described in the table below received $11,447 less in revenue and had expenditures $3,037 higher than projected, resulting in a fund balance $14,484 lower than expected.

Table 10: Permanent Fund

Fund
Beginning
Balance Revenues
Net
Transfers Expenditures
Capital
Expenses
Unaudited
Ending Fund
Balance
Projected
Ending Fund
Balance
Variance
Projected
Budget vs.

Actual
302 (5,900)$ -$ -$ -$ -$ (5,900)$ 276$ (6,176)$ 303 788,475 - - - - 788,475 788,475 - 304 69,231 178 (69,409) - - 0 0 - 306 22,645,904 1,674,677 (62,794) - 844,133 23,413,654 22,397,158 1,016,497 320 (1,807,055) 41,714,955 - - 5,799,683 34,108,217 34,073,072 35,145 321 3,213,046 163,896 - - 444,978 2,931,964 2,318,208 613,756 331 (3,874,396) - - - - (3,874,396) (3,674,396) (200,000) 333 2,180,950 59,572 - 1,804,445 - 436,077 561,115 (125,038) 335 71,891 - - - 40,691 31,200 21,891 9,309 337 2,967,052 911,099 - - 332,083 3,546,068 3,441,623 104,445 339 14,557,752 1,109 - - - 14,558,861 17,247,707 (2,688,846) 340 887 - - - 887 - - - 344 4,292,219 1,354,665 - - 1,058,240 4,588,644 5,993,216 (1,404,572) 45,100,056$ 45,880,151$ (132,202)$ 1,804,445$ 8,520,695$ 80,522,864$ 83,168,344$ (2,645,480)$ Fund Fund Name
Beginning
Balance Revenues
Net
Transfers Expenditures
Capital
Expenses
Unaudited
Ending Fund
Balance
Projected
Ending Fund
Balance
Variance
Projected
Budget vs.

Actual
416 2020 COPs Series A -$ -$ 493,000$ 493,000$ -$ -$ -$ -$ 417 2020 COPs Series B - - 3,878,072 3,878,072 - - - - 422 2022 COPs Debt Service - 629,585 1,483,859 2,112,862 - 582 - 582 Total Debt Service Funds -$ 629,585$ 5,854,931$ 6,483,934$ -$ 582$ -$ 582$ Fund Fund Name
Beginning
Balance Revenues
Net
Transfers Expenditures
Capital
Expenses
Unaudited
Ending Fund
Balance
Projected
Ending Fund
Balance
Variance
Projected
Budget vs.

Actual
500 Doolan Canyon Pres. Endow. 577,288$ 54,797$ -$ 31,037$ -$ 601,048$ 615,532$ (14,484)$ Total Permanent Funds 577,288$ 54,797$ -$ 31,037$ -$ 601,048$ 615,532$ (14,484)$

EXHIBIT A
343
11 Special Revenue Funds as described in the Table 10 below, showed an overall increase in total fund balances by $7.3 million or 11.9% compared to the budgeted total fund balances. The following are the funds with significant variations.

City Street Sweeping (F602) projected revenue that doubled in the budget was an error.

Revenue is received from Livermore Sanitation. The actual revenue received is approximately half of the budget. This resulted in an actual ending fund balance $702,522 less than projected.

State Grant HHS (F605) had a projected zero ending fund balance. The ending fund balance of $490,575 is related to the project at Leahy Square Apartments that was delayed. This project is expected to begin in FY 2023-24.

Housing Successor Agency fund (F609) actual expenditures were $394,918 greater than the projected budget due to the timing of the Vineyard 2.0 Development payments.

Low Income Housing fund (F611) actual expenditures for contracts for services for housing developments were $1.8 million less than anticipated budget mainly due to extended timing of payments for Vineyard 2.0 Development.

Asset Seizure Fund (F619) was only used for capital expenses this year for two projects: Police Facilities Interior Renovation and Expansion and the Real Time Awareness Center, which had combined savings of approximately $102,755 causing a higher actual fund balance than was anticipated in the budget.

Measure B Isabel Interchange Grant (F679) is an inactive fund that was used to cover Fund 322 that was used to fund the El Charro project when there was negative cash. In prior years, fund 306 covered negative cash in Fund 322 when Fund 679 had no cash. A check was received and receipted to fund 679 after this transaction. Staff is correcting this and replenishing fund 306 with the $32,865.

State Street Grants (F680) was projected to receive $1.4 million based on reimbursements from the state for capital expenditures. Actual expenses were $7,174 for which staff has not billed the grant before year-end causing a negative fund balance.

Measure BB Local Street and Road Fund (F688) ended with a $2.1 million increase in fund balance due to actual revenues greater than the budget by $1.8 million related to increased sales tax receipts county-wide and the projected capital expenditures were $300,000 less than anticipated. The unused budget will be available for the FY 2023-25 capital budget.

EXHIBIT A
344
12 Table 11: Special Revenue Funds

Internal Service Funds as described in Table 11 below there was an overall increase in total fund balances of $5.3 million or 24.7% compared to the budgeted total fund balances. The following are the funds with significant variations.

Fund
Beginning
Balance Revenues
Net
Transfers Expenditures
Capital
Expenses
Unaudited
Ending Fund
Balance
Projected
Ending Fund
Balance
Variance
Projected
Budget vs.

Actual
600 1,356,484$ 580,889$ (493,000)$ 42,553$ -$ 1,401,820$ 1,348,670$ 53,150$ 602 48,549 696,803 - 676,561 - 68,791 771,313 (702,522) 603 303,712 230,289 - 141,772 144,733 247,496 139,477 108,019 604 299,261 - - - - 299,261 185,261 114,000 605 (61,375) 581,440 - 29,490 - 490,575 0 490,575 607 (143,726) 458,408 - 228,744 148,963 (63,025) 18,786 (81,811) 608 787,774 344,317 - 95,750 64,104 972,237 702,381 269,856 609 2,810,201 154,038 - 1,853,278 - 1,110,961 1,501,470 (390,509) 610 278,154 593,561 509,258 872,774 - 508,199 179,638 328,561 611 14,871,686 3,211,600 - 3,301,452 105,005 14,676,829 10,881,508 3,795,321 612 244,150 262,507 - 231,209 - 275,448 382,032 (106,584) 613 524,608 460,827 - 545,659 - 439,776 283,167 156,609 614 9,430,798 3,707,676 32,306 2,902,544 - 10,268,236 9,985,100 283,137 617 - 8,034 - 7,469 - 565 - 565 619 198,104 24,946 - - 180,960 42,090 (58,244) 100,334 620 100,863 1,230 - 75,552 - 26,541 20,482 6,059 621 - 5,872 - 5,872 - - - - 622 471,830 6,070 - 944 - 476,956 399,356 77,600 624 - - - - 40,939 (40,939) 120,000 (160,939) 625 418,000 6,646 - - - 424,646 243,000 181,646 626 60,036 1,622 - 32 - 61,626 60,831 795 627 643,893 10,238 - - - 654,131 643,893 10,238 628 1,329,990 45,446 - 2,160 - 1,373,276 1,309,372 63,904 630 22,826 21,741 - - - 44,567 50,826 (6,259) 633 122,401 - - 62 - 122,339 65,001 57,338 635 43,859 88,415 - 89,618 - 42,656 14,338 28,318 637 110,856 50 - 538 - 110,368 115,756 (5,388) 641 166,565 30,175 - 25,984 - 170,756 176,275 (5,519) 642 2,461,617 47,274 - 12,238 - 2,496,653 2,698,967 (202,314) 645 - 22,495 (17,569) 4,926 - 0 - 0 650 7,701,033 2,326,212 (113,877) 23,242 651,108 9,239,018 8,300,189 938,829 651 3,862,710 2,011,621 - - 826,193 5,048,138 4,140,376 907,762 665 1,271,678 240,546 - 68,261 - 1,443,963 1,450,906 (6,943) 666 26,765 - - 10,200 - 16,565 (0) 16,565 667 70,439 249,109 - 289,715 - 29,833 271,445 (241,612) 671 47,137 134,736 (7,506) 170,404 - 3,963 41,855 (37,892) 672 278,567 85,850 - 125,574 - 238,843 216,960 21,883 673 128,986 109,585 - 45,426 - 193,145 98,075 95,070 674 - - - - - - 580,000 (580,000) 677 432,306 7,038 - 202 10,392 428,750 377,813 50,937 678 2,096,712 32,886 - 111,638 527,908 1,490,052 1,745,460 (255,408) 679 32,865 - - 32,865 - - 32,865 (32,865) 680 - - - - 7,174 (7,174) 1,067,000 (1,074,174) 681 1,138,770 419,102 - 1,530 94,693 1,461,649 1,257,697 203,952 683 46,422 7,616 - 3,976 - 50,062 32,561 17,501 687 752,789 555,575 - 7,349 33,035 1,267,980 954,397 313,583 688 3,818,162 2,609,236 - 50,465 434,304 5,942,629 3,679,870 2,262,759 696 2,268,341 421,268 - 202,651 - 2,486,958 2,344,564 142,394 697 1,637,871 333,057 - 160,458 - 1,810,470 1,723,666 86,804 698 2,005,766 9,044 - - 993,371 1,021,439 994,810 26,629 64,518,435$ 21,155,090$ (90,388)$ 12,451,137$ 4,262,882$ 68,869,118$ 61,549,162$ 7,319,956$

EXHIBIT A
345
13 Fleet and Equipment Services (F730) had an increase in the actual fund balance of $3.5 million due to actual expenditures less than budget by $3.1 million primarily related to delayed shipment of vehicle orders that were affected by supply chain issues.

Facilities Rehabilitation Program (F740) had an increase in the actual fund balance by approximately $894,684 caused by the debt service budget and capital expenditures. As previously noted, the City budgets for debt service principal as an expense to ensure there is funding available to cover the debt service payment, however when the payment is recorded, it shows on the balance sheet and not as an expense resulting in less expenses. Capital expenditures were less than budget mainly due to the City Hall HVAC Central Chiller replacement project being delayed to FY 2023-24.

Table 12: Internal Services Funds

Appropriation of Expenditure Budget to Cover Shortfalls At the end of the FY 2022-23 some funds had expenditures in excess of budget. Table 13 below shows the affected funds and the over expenditure. Below Table 13 includes an explanation for the over-expenditures.

Fund
Beginning
Balance Revenues
Net
Transfers Expenditures
Capital
Expenses
Unaudited
Ending Fund
Balance
Projected
Ending Fund
Balance
Variance
Projected
Budget vs.

Actual
700 3,030,903$ 4,450,000$ -$ 3,718,180$ -$ 3,762,723$ 2,928,811$ 833,912$ 710 4,483,630 1,017,443 - 2,280,504 - 3,220,569 3,486,272 (265,703) 720 7,695,063 3,620,000 - 5,406,097 - 5,908,966 5,437,411 471,555 725 558,805 915,000 - 918,138 - 555,667 736,465 (180,798) 730 6,693,470 5,390,529 - 4,905,364 - 7,178,635 3,637,501 3,541,134 740 7,964,061 2,371,206 - 2,350,102 1,877,610 6,107,555 5,212,571 894,984 30,425,932$ 17,764,178$ -$ 19,578,385$ 1,877,610$ 26,734,115$ 21,439,032$ 5,295,083$ Table 13. Expenditures in Excess of Budget
Fund Fund Name
Amended
Budget
Unaudited
Actual
Expenses
Expended
over Budget
304 Vasco Ace - Connector Rd -$ 69,409$ (69,409)$ 340 El Charro Infrastructure - 887 (887) 422 2022 COPs Debt Service 1,865,000 2,112,862 (247,862) 500 Doolan Canyon Preserve Endowment 28,000 31,037 (3,037) 600 Host Community Impact Fee 527,814 535,553 (7,739) 602 City Street Sweeping 671,052 676,562 (5,510) 609 Housing Successor Agency 1,458,360 1,853,278 (394,918) 641 Vehicle Impound Program 20,290 25,984 (5,694) 645 CASP Cert & Training Fund 15,500 43,495 (27,995) 665 PEG Capital Fees 45,772 68,261 (22,489) 671 Federal Home Program 144,782 177,910 (33,128) 679 Measure B Isabel Interchange - 32,865 (32,865) Totals: 4,776,570 5,628,103 (851,533)
FY 2022-23

EXHIBIT A
346
14 2022 COPs Debt Service (F422) had an estimated budget for the debt service that was exceeded when the actual debt service was due.

Housing Successor Agency (F609) is being used for the Vineyard 2.0 housing project along with three other funding sources. The project budget was approved and the over-expenditures this year were due to project expenses occurring in FY 2022-23 that were expected to occur in FGY 2023-24 where there is enough budget to cover the expenses.

Vasco Ace – Connector Rd (F304) is an inactive fund with a remaining deposit for the El Charro project. Staff realized that the General Fund covered some expenses in a prior year that should have been paid with these funds. The $69,409 will be deposited back to the General Fund as reimbursement for those costs.

El Charro Infrastructure (F340) is an inactive fund used for the El Charro project that has a remaining amount of $887 that will also reimburse the General Fund for prior year expenditures.

Measure B Isabel Interchange (F679) is an inactive fund. A $32,865 check was received and receipted to fund 679 that should have been deposited into fund 306 – Traffic Impact Fees. Staff is correcting this and replenishing fund 306 – Traffic Impact Fees with the $32,865.

CASP Cert & Training Fund (F645) had an increase in activity due to unanticipated project costs for the I Street Garage project that finished up in FY 2022-23 for ADA compliance.

PEG Capital Fees (F665) increased in activity that was not anticipated in this budget cycle.

The remaining funds with the smaller amounts over budget ended with more activity than was anticipated in the budget cycle. Staff is requesting a budget appropriation in the amount of $851,533 for FY 2022-23 to cover all of the funds with over-expenditures.

FISCAL AND ADMINISTRATIVE IMPACT
As described in Tabl e 2, staff is requesting appropriation of $8.9 million of the General Fund surplus to cover various expenses in FY 2023 -24 including contractual services, wage increase for sworn staff, a one-time bonus for non-sworn staff and funding for the newly created Pension Trust Fund. In addition, as described in Table 13 above, staff is requesting supplemental budget appropriations of $851,533 from various funds to cover FY 2022-23 budget shortfalls.

EXHIBIT A
347
Table 1. Summary of Allocations of FY 2022-23 General Fund Surplus FY 2023-24 Appropriations Amount
Contractual Services:

EXHIBIT B
348

Table 2. Appropriations to Cover Expenditures Over Budget Fund Fund Name
Amended
Budget
Unaudited
Actual
Expenses
Expended
over
Budget
304 Vasco Ace - Connector Rd -$ 69,409$ (69,409)$ 340 El Charro Infrastructure - 887 (887) 422 2022 COPs Debt Service 1,865,000 2,112,862 (247,862) 500 Doolan Canyon Preserve Endowment 28,000 31,037 (3,037) 600 Host Community Impact Fee 527,814 535,553 (7,739) 602 City Street Sweeping 671,052 676,562 (5,510) 609 Housing Successor Agency 1,458,360 1,853,278 (394,918) 641 Vehicle Impound Program 20,290 25,984 (5,694) 645 CASP Cert & Training Fund 15,500 43,495 (27,995) 665 PEG Capital Fees 45,772 68,261 (22,489) 671 Federal Home Program 144,782 177,910 (33,128) 679 Measure B Isabel Interchange - 32,865 (32,865) Totals: 4,776,570$ 5,628,103$ (851,533)$
FY 2022-23

EXHIBIT C
349

CITY COUNCIL STAFF REPORT
ITEM NO. 5.15

DATE:

October 23, 2023
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolutions approving amendments to the City of Livermore Salary Plan, adding 1.0 full time Regular Employee position, approving a 5% salary adjustment for members of the Police Officer’s Association, Police Management Association, and the Police Chief, and confirming approval of a one-time 2% payment to members of the Association of Livermore Employees, Livermore Management Group, Livermore Management Confidential Employees, Livermore Confidential Employees and Livermore Executive Management Employees.

RECOMMENDED ACTION

Staff recommends the City Council adopt three resolutions to do the following:

Resolution 1 - 2023 Salary Plan:
1 .

Approving the November 2023 Salary Plan to incorporate wage adjustments for the City Manager, City Attorney, and Executive Management employees; 2 .

Authorizing an increase in the salary range for the Airport Manager; 3 .

Authorizing the allocation of an additional 1.0 full time Regular Employee position for the Innovation and Economic Development Department; and,
4 .

Authorizing the City Manager to make annual salary and cost of living adjustments for the Executive Management employees that are the same as the annual adjustments to the Livermore Management Group.

Resolution 2 - 2024 Salary Plan:
1 .

Approving the January 2024 Salary Plan to incorporate a 5% base salary adjustment to the classifications in the Livermore Police Officer’s Association, Livermore Police Management Association, and the Police Chief, effective January 1, 2024.

Resolution 3 - Lump Sum:
1 .

Approving a one-time 2% of base salary lump sum bonus for the following employees who are employed by the City as of January 1, 2024: the employees in the Livermore Association of Employees group, Executive Management employees (excluding the Police Chief), employees in the Livermore Management Group management confidential employees, and confidential employees.
350

SUMMARY
The
first
resolution, titled Resolution 1 - 2023 Salary Plan, dated November 20, 2023, amends the Salary Plan and Personnel Allocations as follows:
1 .

Increases the City Manager annual salary to $344,796 based on the amended City Manager contract dated November 20, 2023.
2 .

Increases the City Attorney annual salary to $307,580 based on the amended City Attorney contract dated November 20, 2023.
3 .

Increases the Executive Management Salary (excluding the Police Chief) schedule by a total of 3% (providing a 2.5% COLA and a .5% increase in recognition of rising medical costs).

Additionally, this resolution provides Executive Management with future salary increases equal to the salary increases provided to the Livermore Management Group and provides Police Chief salary increases equal to the Police Management Association and granted at the same time as the Police Management Association.
4 .

Increases the salary range for the Airport Manager classification to a salary range maximum of $15,581.36 monthly or $186,976.32 annually.
5 .

Adds 1.0 new, full time Regular, Management Analyst I position to the approved Personnel Allocations for the Innovation and Economic Development Department.

The
second
resolution, titled Resolution 2 - 2024 Salary Plan, dated January 1, 2024, amends the Salary Plan as follows:
1 .

Provides a 5% salary adjustment for all members of the Police Officer’s Association, Police Management Association, and the Police Chief.

The
third
resolution, titled Resolution 3 - Lump Sum, grants the City Manager authority to authorize a one-time, non-pensionable, lump sum bonus, equal to 2% of their base salary with a minimum payment of $2,000 (prorated for part-time employees) to all Livermore Association of Employees, Executive Management (excluding Police Chief), Livermore Management Group, Management Confidential, and Confidential employees who are employees of record as of January 1, 2024. This one-time payment is in recognition of the outstanding contributions of employees in the aforementioned groups, to help off-set the large increase in health benefit premiums, and to maintain a stable labor management relationship.

DISCUSSION
The first resolution, titled Resolution 1 - 2023 Salary Plan

1. On October 23, 2023, the City Council is expected to approve an amended employment contract with City Manager Marianna Marysheva. Pursuant to the employment contract, the City Council conducted the City Manager’s annual performance evaluation on October 9, 2023, and evaluated modifications to terms and conditions of employment presented by the City Manager after the performance evaluation. Providing the increased salary is in accordance with the new contract terms and conditions negotiated.

2. On October 23, 2023, the City Council is expected to approve an amended employment contract with City Attorney Jason Alcala. Pursuant to the employment contract, the City Council conducted the 351
City Attorney’s annual performance evaluation on October 9, 2023, and evaluated modifications to terms and conditions of employment presented by the City Attorney after the performance evaluation. Providing the increased salary is in accordance with the new contract terms and conditions negotiated.

3. Executive Management (Department Head) employees are at-will and serve at the pleasure of the City Manager. Salary and benefit adjustments for these employees are granted at the discretion of the City Manager with the concurrence of the City Council and have historically been designed to reflect the market for those positions as well as to avoid salary compaction with positions that Executive Managers supervise.

The Livermore Management Group (LMG) (management employees, excluding department heads) received a two and a half (2.5%) wage adjustment and an additional 0.5% base pay increase in recognition of increased medical costs. Both increases, totaling 3.0%, were effective on July 3, 2023.

This adjustment was the second increase of a multi-year contract established with that group.

The recommendation is for the Executive Management Group (excluding the Police Chief) to receive the same adjustments: a two and a half (2.5%) wage adjustment, and a 0.5% base pay increase in recognition of increased medical costs. The total increase of 3.0% will be effective on November 20, 2023, and will keep the Executive Management Group’s compensation in proper relationship to the management group. The Police Chief received a 3% increase in July 2023 when the Police Management Association received its wage adjustment of 3%.

Additionally, staff recommends that going forward, annually the first pay period in December, the Executive Management team receive the same total salary adjustment granted in that same year (typically in July) to the Livermore Management Group. As noted above, this practice will help the Executive positions keep pace with normal market adjustments and avoid salary compaction with positions that Executive Managers supervise.

4. The Airport Manager is a single incumbent class assigned to the Airport division of the Public Works department. This classification is required to plan, organize, direct, and manage the activities of the Livermore Municipal Airport. Incumbents are required to oversee compliance with Federal Aviation Administration (FAA) regulations and City policies and procedures, interpret FAA regulations and report and resolve community complaints and willful violations of regulations to FAA. This position currently resides on the salary schedule below the salary range for positions such as Senior Civil Engineer, Finance Manager, and Building Official.

Following the retirement of the current Airport Manager and a rescinded job offer from a highly qualified replacement candidate the City Manager directed Human Resources to complete a compensation study for this position.

Studying local Municipal airports Human Resources found the current base salary for the Livermore Airport Manager was lower than the Palo Alto Airport, Buchanan Field Airport, Hayward Airport, San Carlos and Half Moon Bay Airports, and Reid Hillview and San Martin Airports. To ensure appropriate internal alignment and provide a competitive market position for this highly competitive, specialized position, staff recommends a 10% salary range adjustment increasing the salary range maximum for this position to $186,976.32 annually.

5. The innovation and Economic Development Department has taken over the responsibility of City 352
property lease management at the Livermore Municipal Airport. The added Management Analyst I will complete this new body of work under the direction of the department director and will be funded through the Airport operating fund.

The second resolution, titled Resolution 2 - 2024 Salary Plan

As of October 1, 2023, the City has 11 vacant Police Officer positions. A recent salary study reveled that the Police Officer classification lags the current comparator universe mean for total compensation by

3.2% and Police Sergeants lag the current comparator universe mean for total compensation by 4.7%.

The study also revealed that Livermore’s total compensation ranked near the bottom of our comparator universe, 7th out of nine for Officers and 6th out of nine for Sergeants. The COLA increases and Market Equity adjustments provided since 2022 were only enough to retain, not improve our market position.

With a market position near the bottom, it is increasingly difficult to attract and retain highly qualified applicants from the ever-shrinking local and national pool of candidates eligible to become Police Officers.

Human Resources and the Police Department continue to work together to develop effective and innovative recruitment strategies. However, a more competitive salary package is required to attract and retain top talent. A 5% salary adjustment will reduce the market mean variance to .8% for Officers and to .6% for Police Sergeants which should add to our ability to attract and retain talent thereby reducing the number of Officer vacancies. 5% salary adjustments above the rank of Police Sergeant are required to retain rank to rank pay variances and avoid salary compaction.

Human Resources will continue to study the current comparator universe and will return to Council before the end of 2023 with information about possible ways to establish a more competitive comparator universe for use in completing salary studies.

The third resolution, titled Resolution 3 - Lump Sum
Grants the City Manager authority to authorize a one-time, non-pensionable, lump sum bonus, equal to 2% of their base salary with a minimum payment of $2,000 (prorated for part-time employees) to all Livermore Association of Employees, Executive Management (excluding Police Chief), Livermore Management Group, Management Confidential, and Confidential employees who are employees of record as of January 1, 2024. This one-time payment is in recognition of the outstanding contributions of employees in the aforementioned groups, to help off-set the large increase in health benefit premiums, and to maintain a stable labor management relationship.

FISCAL AND ADMINISTRATIVE IMPACTS
The fiscal impact totals approximately $2,816,530 per year of which $2.2 million is in the FY 2022-23 General Fund year-end allocations, approximately $134,000 is included in the FY 2023-24 budget, and the balance of $466,000 will be absorbed by the enterprise funds' budgets through attrition savings.

Future budgets will incorporate the salary and benefit increases.

COMMUNITY PILAR
5: A City That Works

GOAL
353
8: Attract, develop, engage, and retain a diverse and highly skilled workforce across the organization.

ATTACHMENTS

1. Resolution 1 - 2023 Salary Plan

2. Resolution 1 - Exhibit A - 2023 Salary Plan

3. Resolution 2 - 2024 Salary Plan

4. Resolution 2 - Exhibit A - 2024 Salary Plan

5. Resolution 3 - Lump Sum

Prepared by: Nancy Dias
Human Resource Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ADOPTING THE CITY OF LIVERMORE SALARY
PLAN DATED NOVEMBER 2023, IN ACCORDANCE WITH
CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5, ADDING 1.0 FTE TO THE BUDGET, AND ESTABLISHING REGULAR

SALARY ADJUSTMENTS FOR EXECUTIVE MANAGEMENT
The proposed City of Livermore Salary Plan, attached as Exhibit A, is intended to make the following amendments:
 Incorporate wage related adjustments for the City Manager based on the City Council approved amended contract, effective November 20, 2023;  Incorporate wage related adjustments for the City Attorney based on the City Council approved amended contract, effective November 20, 2023;  Incorporate 3% salary increase for Executive Management employees (excluding Police Chief), effective November 20, 2023;
 Increase the salary range of Airport Manager (Class Code 472) to $12,465.09 - $15,581.36/month
Innovation and Economic Development Department has been assigned and assumed the responsibility of the City of Livermore property lease management at the Livermore Airport. Personnel Allocations will be modified to add a new budgeted full- time equivalent (FTE) position as follows:
 Add 1.0 FTE Management Analyst I position to the Innovation & Economic Development Department.

Executive Management employees are at-will and serve at the pleasure of the City Manager. Salary and benefit adjustments for these employees are granted at the discretion of the City Manager with the concurrence of the City Council. Future salary increase for the Executive Management employees will be processed as follows:
 Grant Executive Management employees (excluding Police Chief) the same total salary adjustment granted to the Livermore Management Group effective the first pay period in December each year.
 Grant the Police Chief the same total salary adjustment granted to the Livermore Police Management Association (LPM) effective at the same time as LPM.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby approves the amended Salary Plan dated November 2023, attached hereto as Exhibit A, in accordance with California Code of Regulations, Title 2, Section 570.5.
355
RESOLUTION NO. ________
BE IT FURTHER RESOLVED by the City Council of the City of Livermore that it hereby authorizes the addition of 1.0 FTE to the budget for a Management Analyst I position for the Innovation and Economic Development Department.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager, commencing in 2024, to make annual salary and cost-of-living adjustments for Executive Management employees that are the same as the annual adjustments to the Livermore Management Group for that same year, which adjustments shall be effective for the Executive Management Employees commencing on the first pay period in December for that year.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on October 23, 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
Deputy City Manager/City Clerk City Attorney
Exhibit A – Salary Plan dated November 2023
356
Salar
y
Plan
Nov
ember 2023

EXHIBIT A
357
CLASS

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E 221 01 ACCOUNT CLERK 66,819.84 70,054.84 73,441.56 76,997.62 80,731.49 Sch=M22 5,568.32 5,837.90 6,120.13 6,416.47 6,727.62
1,285.00 1,347.21 1,412.34 1,480.72 1,552.53

32.12492 33.68021 35.30844 37.01809 38.81322
225 02 ACCOUNT CLERK, JUNIOR 60,576.07 63,488.86 66,547.28 69,758.63 73,130.53 Sch=M22 5,048.01 5,290.74 5,545.61 5,813.22 6,094.21
1,164.92 1,220.94 1,279.76 1,341.51 1,406.36

29.12311 30.52349 31.99388 33.53780 35.15891
222 03 ACCOUNT CLERK, SENIOR 72,677.86 76,195.73 79,889.49 83,767.95 87,840.33 Sch=M22 6,056.49 6,349.64 6,657.46 6,980.66 7,320.03
1,397.65 1,465.30 1,536.34 1,610.92 1,689.24

34.94128 36.63256 38.40841 40.27305 42.23093
223 05 ACCOUNTANT, JUNIOR 86,792.41 91,054.48 95,529.67 100,228.61 105,162.51 Sch=M22 7,232.70 7,587.87 7,960.81 8,352.38 8,763.54
1,669.08 1,751.05 1,837.11 1,927.47 2,022.36

41.72712 43.77619 45.92773 48.18683 50.55890
224 04 ACCOUNTING TECHNICIAN 77,171.53 80,914.10 84,843.78 88,969.95 93,302.44 Sch=M22 6,430.96 6,742.84 7,070.32 7,414.16 7,775.20
1,484.07 1,556.04 1,631.61 1,710.96 1,794.28

37.10170 38.90101 40.79028 42.77401 44.85694
213 14 ADMINISTRATIVE 80,842.05 84,768.14 88,890.52 93,219.04 97,763.97 Sch=M22 ASSISTANT 6,736.84 7,064.01 7,407.54 7,768.25 8,147.00 1,554.65 1,630.16 1,709.43 1,792.67 1,880.08

38.86637 40.75391 42.73583 44.81685 47.00191
211 50 ADMINISTRATIVE CLERK I 60,576.11 63,488.90 66,547.33 69,758.67 73,130.58 Sch=M22 5,048.01 5,290.74 5,545.61 5,813.22 6,094.22
1,164.93 1,220.94 1,279.76 1,341.51 1,406.36

29.12313 30.52351 31.99391 33.53782 35.15893
214 49 ADMINISTRATIVE CLERK II 64,925.25 68,055.49 71,342.24 74,793.35 78,416.99 Sch=M22 5,410.44 5,671.29 5,945.19 6,232.78 6,534.75
1,248.56 1,308.76 1,371.97 1,438.33 1,508.02

31.21406 32.71899 34.29915 35.95834 37.70048
206 06 ADMINISTRATIVE 80,842.05 84,768.14 88,890.52 93,219.04 97,763.97 Sch=M22 TECHNICIAN 6,736.84 7,064.01 7,407.54 7,768.25 8,147.00 1,554.65 1,630.16 1,709.43 1,792.67 1,880.08

38.86637 40.75391 42.73583 44.81685 47.00191
471 01 AIRPORT SERVICE 70,739.04 74,159.99 77,751.97 81,523.55 85,483.71 Sch=PS1 ATTENDANT 5,894.92 6,180.00 6,479.33 6,793.63 7,123.64 1,360.37 1,426.15 1,495.23 1,567.76 1,643.92

34.00915 35.65384 37.38075 39.19401 41.09794
473 02 AIRPORT SERVICE 75,875.80 79,553.58 83,415.24 87,469.99 91,727.48 Sch=PS1 ATTENDANT SENIOR 6,322.98 6,629.47 6,951.27 7,289.17 7,643.96 1,459.15 1,529.88 1,604.14 1,682.12 1,763.99

36.47875 38.24691 40.10348 42.05288 44.09975

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES

EXHIBIT A
358
CLASS

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
290 07 ANIMAL CONTROL 80,206.76 84,101.09 88,190.12 92,483.60 96,991.75 Sch=M22 OFFICER 6,683.90 7,008.42 7,349.18 7,706.97 8,082.65 1,542.44 1,617.33 1,695.96 1,778.53 1,865.23

38.56094 40.43322 42.39910 44.46327 46.63065
465 66 ASSET MANAGEMENT 108,017.74 113,302.62 118,851.73 124,678.30 130,796.19 Sch=M22 SPECIALIST 9,001.48 9,441.89 9,904.31 10,389.86 10,899.68 2,077.26 2,178.90 2,285.61 2,397.66 2,515.31

51.93161 54.47241 57.14025 59.94149 62.88278
281 08 BUILDING INSPECTOR I 94,998.40 99,632.31 104,497.90 109,606.78 114,971.10 Sch=M22 7,916.53 8,302.69 8,708.16 9,133.90 9,580.93
1,826.89 1,916.01 2,009.58 2,107.82 2,210.98

45.67231 47.90015 50.23938 52.69557 55.27457
282 09 BUILDING INSPECTOR II 102,077.46 107,065.32 112,302.57 117,801.68 123,575.74 Sch=M22 8,506.46 8,922.11 9,358.55 9,816.81 10,297.98
1,963.03 2,058.95 2,159.66 2,265.42 2,376.46

49.07570 51.47371 53.99162 56.63542 59.41141
277 56 BUILDING INSPECTOR III 105,063.34 110,200.49 115,594.49 121,258.19 127,205.08 Sch=M22 8,755.28 9,183.37 9,632.87 10,104.85 10,600.42
2,020.45 2,119.24 2,222.97 2,331.89 2,446.25

50.51122 52.98100 55.57427 58.29721 61.15629
288 10 BUILDING INSPECTOR, 110,200.49 115,594.49 121,258.19 127,205.08 133,449.32 Sch=M22 SENIOR 9,183.37 9,632.87 10,104.85 10,600.42 11,120.78 2,119.24 2,222.97 2,331.89 2,446.25 2,566.33

52.98100 55.57427 58.29721 61.15629 64.15833
249 11 CIVIL ENGINEER, 113,280.25 118,828.25 124,653.63 130,770.30 137,192.81 Sch=M22 ASSISTANT 9,440.02 9,902.35 10,387.80 10,897.53 11,432.73 2,178.47 2,285.16 2,397.19 2,514.81 2,638.32

54.46166 57.12897 59.92963 62.87034 65.95808
254 12 CIVIL ENGINEER, 122,668.21 128,685.61 135,003.88 141,638.06 148,603.95 Sch=M22 ASSOCIATE 10,222.35 10,723.80 11,250.32 11,803.17 12,383.66 2,359.00 2,474.72 2,596.23 2,723.81 2,857.77

58.97510 61.86808 64.90571 68.09522 71.44421
247 13 CIVIL ENGINEER, JUNIOR 99,649.46 104,515.91 109,625.69 114,990.96 120,624.49 Sch=M22 8,304.12 8,709.66 9,135.47 9,582.58 10,052.04
1,916.34 2,009.92 2,108.19 2,211.36 2,319.70

47.90839 50.24803 52.70466 55.28412 57.99254
292 17 COMMUNITY 70,824.73 74,249.94 77,846.44 81,622.74 85,587.87 Sch=M22 SERVICE SPECIALIST 5,902.06 6,187.50 6,487.20 6,801.90 7,132.32 1,362.01 1,427.88 1,497.05 1,569.67 1,645.92

34.05035 35.69709 37.42617 39.24170 41.14801
294 19 CRIME & INTELLIGENCE 92,146.03 96,637.32 101,353.16 106,304.81 111,504.03 Sch=M22 ANALYST 7,678.84 8,053.11 8,446.10 8,858.73 9,292.00 1,772.04 1,858.41 1,949.10 2,044.32 2,144.31

44.30098 46.46025 48.72748 51.10808 53.60771

EXHIBIT A
359
CLASS

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
296 62 CRIME PREVENTION 76,419.34 80,124.29 84,014.48 88,099.19 92,388.13 Sch=M22 SPECIALIST 6,368.28 6,677.02 7,001.21 7,341.60 7,699.01 1,469.60 1,540.85 1,615.66 1,694.22 1,776.69

36.74007 38.52129 40.39158 42.35538 44.41737
954 27 CRISIS INTERVENTION 97,716.37 102,602.19 107,732.30 113,118.91 118,774.86 Sch=M22 SPECIALIST 8,143.03 8,550.18 8,977.69 9,426.58 9,897.91 1,879.16 1,973.12 2,071.77 2,175.36 2,284.13

46.97902 49.32798 51.79437 54.38409 57.10330
208 21 DIVISION CLERK 68,410.33 71,714.84 75,184.57 78,827.77 82,653.16 Sch=M22 5,700.86 5,976.24 6,265.38 6,568.98 6,887.76
1,315.58 1,379.13 1,445.86 1,515.92 1,589.48

32.88958 34.47829 36.14643 37.89797 39.73710
234 64 ECONOMIC DEVELOPMENT 88,694.16 93,012.86 97,547.50 102,308.85 107,308.26 Sch=M22 SPECIALIST 7,391.18 7,751.07 8,128.96 8,525.74 8,942.36 1,705.66 1,788.71 1,875.91 1,967.48 2,063.62

42.64142 44.71772 46.89784 49.18695 51.59051
467 38 ELECTRICIAN 95,136.49 99,815.77 104,729.03 109,887.93 115,304.79 Sch=PS1 7,928.04 8,317.98 8,727.42 9,157.33 9,608.73
1,829.55 1,919.53 2,014.02 2,113.23 2,217.40

45.73870 47.98835 50.35050 52.83074 55.43500
255 23 ENGINEER, ASSISTANT 108,017.73 113,302.61 118,851.72 124,678.29 130,796.18 Sch=M22 9,001.48 9,441.88 9,904.31 10,389.86 10,899.68
2,077.26 2,178.90 2,285.61 2,397.66 2,515.31

51.93160 54.47241 57.14025 59.94149 62.88278
256 24 ENGINEER, JUNIOR 95,014.74 99,649.48 104,515.92 109,625.70 114,990.97 Sch=M22 7,917.90 8,304.12 8,709.66 9,135.48 9,582.58
1,827.21 1,916.34 2,009.92 2,108.19 2,211.36

45.68016 47.90840 50.24804 52.70466 55.28412
273 63 ENGINEERING SPECIALIST 108,017.73 113,302.61 118,851.72 124,678.29 130,796.18 Sch=M22 9,001.48 9,441.88 9,904.31 10,389.86 10,899.68
2,077.26 2,178.90 2,285.61 2,397.66 2,515.31

51.93160 54.47241 57.14025 59.94149 62.88278
284 25 ENGINEERING 92,947.14 97,478.47 102,236.38 107,232.19 112,477.78 Sch=M22 TECHNICIAN, ASSIST 7,745.60 8,123.21 8,519.70 8,936.02 9,373.15 1,787.45 1,874.59 1,966.08 2,062.16 2,163.03

44.68613 46.86465 49.15211 51.55394 54.07586
275 26 ENGINEERING 99,649.46 104,515.91 109,625.69 114,990.96 120,624.49 Sch=M22 TECHNICIAN, ASSOC 8,304.12 8,709.66 9,135.47 9,582.58 10,052.04 1,916.34 2,009.92 2,108.19 2,211.36 2,319.70

47.90839 50.24803 52.70466 55.28412 57.99254
279 28 ENGINEERING 103,509.58 108,569.05 113,881.48 119,459.54 125,316.50 Sch=M22 TECHNICIAN, SENIOR 8,625.80 9,047.42 9,490.12 9,954.96 10,443.04 1,990.57 2,087.87 2,190.03 2,297.30 2,409.93

49.76422 52.19666 54.75071 57.43247 60.24832

EXHIBIT A
360
CLASS

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
410 40 FACILITIES MAINTENANCE 60,247.85 63,144.22 66,185.42 69,378.67 72,731.59 Sch=PS1 TRAINEE 5,020.65 5,262.02 5,515.45 5,781.56 6,060.97 1,158.61 1,214.31 1,272.80 1,334.21 1,398.68

28.96531 30.35780 31.81991 33.35513 34.96711
411 41 FACILITIES MAINTENANCE 67,430.13 70,685.61 74,103.86 77,693.04 81,461.68 Sch=PS1 WORKER I 5,619.18 5,890.47 6,175.32 6,474.42 6,788.47 1,296.73 1,359.34 1,425.07 1,494.10 1,566.57

32.41833 33.98347 35.62686 37.35242 39.16427
412 42 FACILITIES MAINTENANCE 72,289.11 75,787.55 79,460.91 83,317.95 87,367.82 Sch=PS1 WORKER II 6,024.09 6,315.63 6,621.74 6,943.16 7,280.65 1,390.18 1,457.45 1,528.09 1,602.27 1,680.15

34.75438 36.43632 38.20236 40.05671 42.00376
413 43 FACILITIES MAINTENANCE 75,875.80 79,553.58 83,415.24 87,469.99 91,727.48 Sch=PS1 WORKER, SENIOR 6,322.98 6,629.47 6,951.27 7,289.17 7,643.96 1,459.15 1,529.88 1,604.14 1,682.12 1,763.99

36.47875 38.24691 40.10348 42.05288 44.09975
414 20 FACILITIES MAINTENANCE 85,349.29 89,500.73 93,859.75 98,436.73 103,242.55 Sch=PS1 WORKER, SUPERVISING 7,112.44 7,458.39 7,821.65 8,203.06 8,603.55 1,641.33 1,721.17 1,805.00 1,893.01 1,985.43

41.03331 43.02920 45.12488 47.32535 49.63584
950 18 FAMILY THERAPIST 93,505.05 98,064.29 102,851.49 107,878.04 113,155.93 Sch=M22 7,792.09 8,172.02 8,570.96 8,989.84 9,429.66
1,798.17 1,885.85 1,977.91 2,074.58 2,176.08

44.95435 47.14629 49.44783 51.86444 54.40189
444 51 FLEET SERVICES WORKER 60,247.89 63,144.27 66,185.47 69,378.72 72,731.64 Sch=PS1 5,020.66 5,262.02 5,515.46 5,781.56 6,060.97
1,158.61 1,214.31 1,272.80 1,334.21 1,398.69

28.96533 30.35782 31.81994 33.35515 34.96713
274 59 GIS SPECIALIST 108,017.73 113,302.59 118,851.71 124,678.28 130,796.17 Sch=M22 9,001.48 9,441.88 9,904.31 10,389.86 10,899.68
2,077.26 2,178.90 2,285.61 2,397.66 2,515.31

51.93160 54.47240 57.14025 59.94148 62.88277
420 11 GROUNDSKEEPER 60,247.85 63,144.22 66,185.41 69,378.66 72,731.58 Sch=PS1 TRAINEE 5,020.65 5,262.02 5,515.45 5,781.56 6,060.97 1,158.61 1,214.31 1,272.80 1,334.21 1,398.68

28.96531 30.35780 31.81991 33.35513 34.96711
421 12 GROUNDSKEEPER I 67,430.13 70,685.61 74,103.86 77,693.04 81,461.68 Sch=PS1 5,619.18 5,890.47 6,175.32 6,474.42 6,788.47
1,296.73 1,359.34 1,425.07 1,494.10 1,566.57

32.41833 33.98347 35.62686 37.35242 39.16427
422 13 GROUNDSKEEPER II 72,289.11 75,787.56 79,460.91 83,317.95 87,367.82 Sch=PS1 6,024.09 6,315.63 6,621.74 6,943.16 7,280.65
1,390.18 1,457.45 1,528.09 1,602.27 1,680.15

34.75438 36.43633 38.20236 40.05671 42.00376

EXHIBIT A
361
CLASS

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
423 14 GROUNDSKEEPER III 75,875.80 79,553.58 83,415.24 87,469.99 91,727.48 Sch=PS1 6,322.98 6,629.47 6,951.27 7,289.17 7,643.96
1,459.15 1,529.88 1,604.14 1,682.12 1,763.99

36.47875 38.24691 40.10348 42.05288 44.09975
424 04 GROUNDSKEEPER, 85,349.29 89,500.73 93,859.75 98,436.73 103,242.55 Sch=PS1 SUPERVISING 7,112.44 7,458.39 7,821.65 8,203.06 8,603.55 1,641.33 1,721.17 1,805.00 1,893.01 1,985.43

41.03331 43.02920 45.12488 47.32535 49.63584
228 16 INFORMATION 80,654.75 84,609.95 88,762.91 93,123.52 97,702.15 Sch=M22 TECHNOLOGY TECHNICIAN 6,721.23 7,050.83 7,396.91 7,760.29 8,141.85 1,551.05 1,627.11 1,706.98 1,790.84 1,878.89

38.77632 40.67786 42.67448 44.77092 46.97219
271 57 INFORMATION TECHNOLOGY 88,499.94 92,847.39 97,412.22 102,205.29 107,238.01 Sch=M22 TECHNICIAN, SENIOR 7,375.00 7,737.28 8,117.69 8,517.11 8,936.50 1,701.92 1,785.53 1,873.31 1,965.49 2,062.27

42.54805 44.63817 46.83280 49.13716 51.55674
426 52 LANDSCAPE MAINTENANCE 81,112.97 85,052.59 89,189.20 93,532.64 98,093.25 Sch=PS1 SPECIALIST 6,759.41 7,087.72 7,432.43 7,794.39 8,174.44 1,559.86 1,635.63 1,715.18 1,798.70 1,886.41

38.99662 40.89067 42.87942 44.96762 47.16022
263 29 LIBRARIAN I 73,089.45 76,627.91 80,343.28 84,244.43 88,340.63 Sch=M22 6,090.79 6,385.66 6,695.27 7,020.37 7,361.72
1,405.57 1,473.61 1,545.06 1,620.09 1,698.86

35.13916 36.84034 38.62658 40.50213 42.47146
260 30 LIBRARIAN II 80,998.52 84,932.43 89,063.03 93,400.16 97,954.15 Sch=M22 6,749.88 7,077.70 7,421.92 7,783.35 8,162.85
1,557.66 1,633.32 1,712.75 1,796.16 1,883.73

38.94160 40.83290 42.81876 44.90392 47.09334
242 32 LIBRARY ASSISTANT 68,828.76 72,154.18 75,645.87 79,312.15 83,161.75 Sch=M22 5,735.73 6,012.85 6,303.82 6,609.35 6,930.15
1,323.63 1,387.58 1,454.73 1,525.23 1,599.26

33.09075 34.68951 36.36821 38.13084 39.98161
243 33 LIBRARY ASSISTANT, 77,171.53 80,914.10 84,843.78 88,969.95 93,302.44 Sch=M22 SUPERVISING 6,430.96 6,742.84 7,070.32 7,414.16 7,775.20 1,484.07 1,556.04 1,631.61 1,710.96 1,794.28

37.10170 38.90101 40.79028 42.77401 44.85694
241 34 LIBRARY CLERK 60,576.11 63,488.90 66,547.33 69,758.67 73,130.58 Sch=M22 5,048.01 5,290.74 5,545.61 5,813.22 6,094.22
1,164.93 1,220.94 1,279.76 1,341.51 1,406.36

29.12313 30.52351 31.99391 33.53782 35.15893
400 16 MAINTENANCE 60,247.85 63,144.22 66,185.41 69,378.66 72,731.58 Sch=PS1 TRAINEE 5,020.65 5,262.02 5,515.45 5,781.56 6,060.97 1,158.61 1,214.31 1,272.80 1,334.21 1,398.68

28.96531 30.35780 31.81991 33.35513 34.96711

EXHIBIT A
362
CLASS

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
401 17 MAINTENANCE 67,430.13 70,685.61 74,103.86 77,693.04 81,461.68 Sch=PS1 WORKER I 5,619.18 5,890.47 6,175.32 6,474.42 6,788.47 1,296.73 1,359.34 1,425.07 1,494.10 1,566.57

32.41833 33.98347 35.62686 37.35242 39.16427
402 18 MAINTENANCE 72,289.11 75,787.55 79,460.91 83,317.95 87,367.82 Sch=PS1 WORKER II 6,024.09 6,315.63 6,621.74 6,943.16 7,280.65 1,390.18 1,457.45 1,528.09 1,602.27 1,680.15

34.75438 36.43632 38.20236 40.05671 42.00376
403 19 MAINTENANCE 75,875.80 79,553.58 83,415.24 87,469.99 91,727.48 Sch=PS1 WORKER III 6,322.98 6,629.47 6,951.27 7,289.17 7,643.96 1,459.15 1,529.88 1,604.14 1,682.12 1,763.99

36.47875 38.24691 40.10348 42.05288 44.09975
442 22 MECHANIC 83,676.63 87,744.45 92,015.64 96,500.41 101,209.42 Sch=PS1 6,973.05 7,312.04 7,667.97 8,041.70 8,434.12
1,609.17 1,687.39 1,769.53 1,855.78 1,946.34

40.22915 42.18483 44.23829 46.39443 48.65838
440 23 MECHANIC SENIOR 90,843.18 95,269.32 99,916.76 104,796.59 109,920.41 Sch=PS1 7,570.27 7,939.11 8,326.40 8,733.05 9,160.03
1,746.98 1,832.10 1,921.48 2,015.32 2,113.85

43.67461 45.80256 48.03690 50.38298 52.84635
251 15 NEIGHBORHOOD 99,649.46 104,515.91 109,625.69 114,990.96 120,624.49 Sch=M22 PRESERVATION OFFICER 8,304.12 8,709.66 9,135.47 9,582.58 10,052.04 1,916.34 2,009.92 2,108.19 2,211.36 2,319.70

47.90839 50.24803 52.70466 55.28412 57.99254
407 03 PARTS AND INVENTORY 70,559.98 73,971.95 77,554.53 81,316.24 85,266.04 Sch=PS1 CONTROL WORKER 5,880.00 6,164.33 6,462.88 6,776.35 7,105.50 1,356.92 1,422.54 1,491.43 1,563.77 1,639.73

33.92307 35.56344 37.28583 39.09435 40.99329
287 37 PERMIT TECHNICIAN 71,853.77 75,330.44 78,980.95 82,813.98 86,838.67 Sch=M22 5,987.81 6,277.54 6,581.75 6,901.17 7,236.56
1,381.80 1,448.66 1,518.86 1,592.58 1,669.97

34.54508 36.21656 37.97161 39.81441 41.74936
291 60 PERMIT TECHNICIAN II 76,721.09 80,441.12 84,347.17 88,448.50 92,754.90 Sch=M22 6,393.42 6,703.43 7,028.93 7,370.71 7,729.58
1,475.41 1,546.94 1,622.06 1,700.93 1,783.75

36.88514 38.67362 40.55152 42.52332 44.59370
252 38 PLAN CHECK ENGINEER 122,565.32 128,577.57 134,890.42 141,518.94 148,478.88 Sch=M22 10,213.78 10,714.80 11,240.87 11,793.25 12,373.24 2,357.03 2,472.65 2,594.05 2,721.52 2,855.36

58.92563 61.81614 64.85116 68.03795 71.38408
258 41 PLANNER, ASSISTANT 99,348.37 104,199.78 109,293.75 114,642.43 120,258.52 Sch=M22 8,279.03 8,683.32 9,107.81 9,553.54 10,021.54
1,910.55 2,003.84 2,101.80 2,204.66 2,312.66

47.76364 50.09605 52.54507 55.11655 57.81660

EXHIBIT A
363
CLASS

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
257 42 PLANNER, ASSOCIATE 114,642.43 120,258.52 126,155.43 132,347.19 138,848.53 Sch=M22 9,553.54 10,021.54 10,512.95 11,028.93 11,570.71 2,204.66 2,312.66 2,426.07 2,545.14 2,670.16

55.11655 57.81660 60.65165 63.62846 66.75410
261 22 PLANNER, SENIOR 120,258.55 126,155.45 132,347.21 138,848.55 145,674.96 Sch=M22 10,021.55 10,512.95 11,028.93 11,570.71 12,139.58 2,312.66 2,426.07 2,545.14 2,670.16 2,801.44

57.81661 60.65166 63.62847 66.75411 70.03604
231 43 POLICE CLERK 66,569.99 69,782.46 73,155.58 76,697.35 80,416.19 Sch=M22 5,547.50 5,815.21 6,096.30 6,391.45 6,701.35
1,280.19 1,341.97 1,406.84 1,474.95 1,546.47

32.00480 33.54926 35.17095 36.87373 38.66163
229 20 POLICE CLERK, 69,782.54 73,155.65 76,697.42 80,416.26 84,321.07 Sch=M22 SENIOR 5,815.21 6,096.30 6,391.45 6,701.36 7,026.76 1,341.97 1,406.84 1,474.95 1,546.47 1,621.56

33.54930 35.17099 36.87376 38.66166 40.53898
230 52 POLICE CLERK, 82,386.88 86,390.21 90,593.70 95,007.38 99,641.73 Sch=M22 SUPERVISING 6,865.57 7,199.18 7,549.48 7,917.28 8,303.48 1,584.36 1,661.35 1,742.19 1,827.07 1,916.19

39.60908 41.53375 43.55466 45.67663 47.90468
237 55 POLICE IDENTIFICATION 83,941.57 88,022.62 92,307.74 96,807.11 101,531.46 Sch=M22 TECHNICIAN 6,995.13 7,335.22 7,692.31 8,067.26 8,460.96 1,614.26 1,692.74 1,775.15 1,861.68 1,952.53

40.35652 42.31857 44.37872 46.54188 48.81320
215 36 PROPERTY AND EVIDENCE 70,824.73 74,249.94 77,846.44 81,622.74 85,587.87 Sch=M22 SPECIALIST 5,902.06 6,187.50 6,487.20 6,801.90 7,132.32 1,362.01 1,427.88 1,497.05 1,569.67 1,645.92

34.05035 35.69709 37.42617 39.24170 41.14801
236 54 PROPERTY AND EVIDENCE 80,054.86 83,941.59 88,022.64 92,307.76 96,807.13 Sch=M22 SPECIALIST, SUPERVISING 6,671.24 6,995.13 7,335.22 7,692.31 8,067.26 1,539.52 1,614.26 1,692.74 1,775.15 1,861.68

38.48791 40.35653 42.31858 44.37873 46.54189
235 44 PUBLIC SAFETY 82,386.88 86,390.21 90,593.70 95,007.38 99,641.73 Sch=M22 DISPATCHER 6,865.57 7,199.18 7,549.48 7,917.28 8,303.48 1,584.36 1,661.35 1,742.19 1,827.07 1,916.19

39.60908 41.53375 43.55466 45.67663 47.90468
245 31 PUBLIC SAFETY 86,390.17 90,593.66 95,007.33 99,641.69 104,507.76 Sch=M22 DISPATCHER, SENIOR 7,199.18 7,549.47 7,917.28 8,303.47 8,708.98 1,661.35 1,742.19 1,827.06 1,916.19 2,009.76

41.53374 43.55464 45.67660 47.90466 50.24412
238 45 PUBLIC SAFETY 95,060.69 99,697.72 104,566.58 109,678.90 115,046.82 Sch=M22 DISPATCHER, SUPERVISING 7,921.72 8,308.14 8,713.88 9,139.91 9,587.24 1,828.09 1,917.26 2,010.90 2,109.21 2,212.44

45.70225 47.93160 50.27239 52.73024 55.31097

EXHIBIT A
364
CLASS

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
220 46 PURCHASING SPECIALIST 78,035.59 81,821.35 85,796.40 89,970.21 94,352.71 Sch=M22 6,502.97 6,818.45 7,149.70 7,497.52 7,862.73
1,500.68 1,573.49 1,649.93 1,730.20 1,814.48

37.51711 39.33719 41.24827 43.25491 45.36188
233 65 RECYCLING SPECIALIST 88,694.15 93,012.84 97,547.48 102,308.83 107,308.24 Sch=M22 7,391.18 7,751.07 8,128.96 8,525.74 8,942.35
1,705.66 1,788.71 1,875.91 1,967.48 2,063.62

42.64142 44.71771 46.89783 49.18694 51.59050
405 39 TRAFFIC SIGNAL 73,126.04 76,666.33 80,383.63 84,286.80 88,385.12 Sch=PS1 TECHNICIAN TRAINEE 6,093.84 6,388.86 6,698.64 7,023.90 7,365.43 1,406.27 1,474.35 1,545.84 1,620.90 1,699.71

35.15675 36.85881 38.64598 40.52250 42.49285
406 24 TRAFFIC SIGNAL 78,082.45 81,870.55 85,848.08 90,024.46 94,409.68 Sch=PS1 TECHNICIAN 6,506.87 6,822.55 7,154.01 7,502.04 7,867.47 1,501.59 1,574.43 1,650.92 1,731.24 1,815.57

37.53964 39.36084 41.27312 43.28099 45.38927
408 53 TRAFFIC SIGNAL 85,349.29 89,500.73 93,859.75 98,436.73 103,242.55 Sch=PS1 TECHNICIAN, SENIOR 7,112.44 7,458.39 7,821.65 8,203.06 8,603.55 1,641.33 1,721.17 1,805.00 1,893.01 1,985.43

41.03331 43.02920 45.12488 47.32535 49.63584
248 53 TRANSPORTATION 122,668.21 128,685.61 135,003.88 141,638.06 148,603.95 Sch=M22 ENGINEER, ASSOCIATE 10,222.35 10,723.80 11,250.32 11,803.17 12,383.66 2,359.00 2,474.72 2,596.23 2,723.81 2,857.77

58.97510 61.86808 64.90571 68.09522 71.44421
396 44 WASTEWATER COLLECTIONS 60,247.85 63,144.22 66,185.41 69,378.66 72,731.58 Sch=PS1 SYSTEMS TRAINEE 5,020.65 5,262.02 5,515.45 5,781.56 6,060.97 1,158.61 1,214.31 1,272.80 1,334.21 1,398.68

28.96531 30.35780 31.81991 33.35513 34.96711
397 45 WASTEWATER COLLECTIONS 69,594.68 72,996.87 76,569.18 80,320.10 84,258.56 Sch=PS1 SYSTEMS WORKER I 5,799.56 6,083.07 6,380.77 6,693.34 7,021.55 1,338.36 1,403.79 1,472.48 1,544.62 1,620.36

33.45898 35.09465 36.81211 38.61543 40.50892
398 46 WASTEWATER COLLECTIONS 76,388.79 80,130.69 84,059.69 88,185.13 92,516.85 Sch=PS1 SYSTEMS WORKER II 6,365.73 6,677.56 7,004.97 7,348.76 7,709.74 1,469.02 1,540.97 1,616.53 1,695.87 1,779.17

36.72538 38.52437 40.41331 42.39670 44.47925
399 47 WASTEWATER COLLECTIONS 83,900.11 88,017.58 92,340.92 96,880.43 101,646.90 Sch=PS1 SYSTEMS WORKER III 6,991.68 7,334.80 7,695.08 8,073.37 8,470.58 1,613.46 1,692.65 1,775.79 1,863.09 1,954.75

40.33659 42.31614 44.39467 46.57713 48.86870
445 15 WATER DISTRIBUTION 64,302.75 67,401.88 70,655.96 74,072.74 77,660.37 Sch=PS1 OPERATOR TRAINEE 5,358.56 5,616.82 5,888.00 6,172.73 6,471.70 1,236.59 1,296.19 1,358.77 1,424.48 1,493.47

30.91478 32.40475 33.96921 35.61189 37.33672

EXHIBIT A
365
CLASS

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
446 32 WATER DISTRIBUTION 71,988.60 75,472.00 79,129.58 82,970.05 87,002.53 Sch=PS1 OPERATOR I 5,999.05 6,289.33 6,594.13 6,914.17 7,250.21 1,384.40 1,451.38 1,521.72 1,595.58 1,673.13

34.60990 36.28462 38.04307 39.88945 41.82814
447 33 WATER DISTRIBUTION 82,438.82 86,444.75 90,650.97 95,067.50 99,704.85 Sch=PS1 OPERATOR II 6,869.90 7,203.73 7,554.25 7,922.29 8,308.74 1,585.36 1,662.40 1,743.29 1,828.22 1,917.40

39.63405 41.55998 43.58220 45.70553 47.93502
448 34 WATER DISTRIBUTION 88,848.28 93,174.67 97,717.40 102,487.26 107,495.59 Sch=PS1 OPERATOR III 7,404.02 7,764.56 8,143.12 8,540.61 8,957.97 1,708.62 1,791.82 1,879.18 1,970.91 2,067.22

42.71552 44.79551 46.97952 49.27272 51.68057
470 05 WATER DISTRIBUTION 93,174.69 97,717.42 102,487.28 107,495.61 112,754.39 Sch=PS1 SENIOR OPERATOR 7,764.56 8,143.12 8,540.61 8,957.97 9,396.20 1,791.82 1,879.18 1,970.91 2,067.22 2,168.35

44.79552 46.97953 49.27273 51.68058 54.20884
469 06 WATER DISTRIBUTION 102,260.14 107,257.14 112,503.97 118,013.15 123,797.80 Sch=PS1 SUPERVISING OPERATOR 8,521.68 8,938.10 9,375.33 9,834.43 10,316.48 1,966.54 2,062.64 2,163.54 2,269.48 2,380.73

49.16353 51.56593 54.08845 56.73709 59.51817
456 37 WATER RESOURCES 96,076.78 100,803.07 105,765.69 110,976.43 116,447.72 Sch=PS1 COORDINATOR 8,006.40 8,400.26 8,813.81 9,248.04 9,703.98 1,847.63 1,938.52 2,033.96 2,134.16 2,239.38

46.19076 48.46301 50.84889 53.35405 55.98448
454 WATER RESOURCES 99,815.77 104,729.03 109,887.93 115,304.79 120,992.50 Sch=PS1 COORDINATOR - ELECTRICAL & 8,317.98 8,727.42 9,157.33 9,608.73 10,082.71 INSTRUMENTATION 1,919.53 2,014.02 2,113.23 2,217.40 2,326.78

47.98835 50.35050 52.83074 55.43500 58.16947
463 25 WR INSTRUMENT 90,803.82 95,266.47 99,952.26 104,872.33 110,038.40 Sch=PS1 CONTROL TECHNICIAN 7,566.99 7,938.87 8,329.36 8,739.36 9,169.87 1,746.23 1,832.05 1,922.16 2,016.78 2,116.12

43.65568 45.80119 48.05397 50.41939 52.90308
462 26 WR LABORATORY 86,768.80 91,029.71 95,503.66 100,201.29 105,133.82 Sch=PS1 TECHNICIAN 7,230.73 7,585.81 7,958.64 8,350.11 8,761.15 1,668.63 1,750.57 1,836.61 1,926.95 2,021.80

41.71577 43.76428 45.91522 48.17370 50.54511
458 27 WR MECHANIC I 81,088.31 85,103.86 89,320.19 93,747.33 98,395.83 Sch=PS1 6,757.36 7,091.99 7,443.35 7,812.28 8,199.65
1,559.39 1,636.61 1,717.70 1,802.83 1,892.23

38.98476 40.91532 42.94240 45.07083 47.30569
459 28 WR MECHANIC II 91,455.39 95,989.29 100,749.89 105,748.52 110,997.08 Sch=PS1 7,621.28 7,999.11 8,395.82 8,812.38 9,249.76
1,758.76 1,845.95 1,937.50 2,033.63 2,134.56

43.96894 46.14870 48.43745 50.84063 53.36398

EXHIBIT A
366
CLASS

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
451 29 WR OPERATOR - GRADE I 81,895.01 85,873.73 90,051.41 94,437.95 99,043.82 Sch=PS1 6,824.58 7,156.14 7,504.28 7,869.83 8,253.65
1,574.90 1,651.42 1,731.76 1,816.11 1,904.69

39.37260 41.28545 43.29395 45.40286 47.61722
453 48 WR OPERATOR - GRADE II 85,863.06 90,040.19 94,426.19 99,031.47 103,867.03 Sch=PS1 7,155.26 7,503.35 7,868.85 8,252.62 8,655.59
1,651.21 1,731.54 1,815.89 1,904.45 1,997.44

41.28032 43.28855 45.39721 47.61128 49.93607
452 30 WR OPERATOR - GRADE III 92,663.41 97,180.57 101,923.58 106,903.74 112,132.90 Sch=PS1 7,721.95 8,098.38 8,493.63 8,908.65 9,344.41
1,781.99 1,868.86 1,960.07 2,055.84 2,156.40

44.54972 46.72143 49.00172 51.39603 53.91005
455 31 WR OPERATOR - TRAINEE 69,215.90 72,560.68 76,072.70 79,760.32 83,632.32 Sch=PS1 5,767.99 6,046.72 6,339.39 6,646.69 6,969.36
1,331.08 1,395.40 1,462.94 1,533.85 1,608.31

33.27688 34.88494 36.57341 38.34631 40.20785
457 49 WR SENIOR OPERATOR 97,194.51 101,938.23 106,919.11 112,149.05 117,640.49 Sch=PS1 8,099.54 8,494.85 8,909.93 9,345.75 9,803.37
1,869.13 1,960.35 2,056.14 2,156.71 2,262.32

46.72813 49.00876 51.40342 53.91781 56.55793
461 35 WR SOURCE CONTROL 91,164.82 95,645.53 100,350.26 105,290.23 110,477.21 Sch=PS1 INSPECTOR 7,597.07 7,970.46 8,362.52 8,774.19 9,206.43 1,753.17 1,839.34 1,929.81 2,024.81 2,124.56

43.82924 45.98343 48.24532 50.62030 53.11404
460 36 WR SOURCE CONTROL 85,835.21 90,010.96 94,395.49 98,999.24 103,833.18 Sch=PS1 TECHNICIAN 7,152.93 7,500.91 7,866.29 8,249.94 8,652.77 1,650.68 1,730.98 1,815.30 1,903.83 1,996.79

41.26693 43.27450 45.38245 47.59579 49.91980
464 50 WR SUPERVISING 106,674.96 111,892.68 117,371.29 123,123.84 129,164.01 Sch=PS1 OPERATOR 8,889.58 9,324.39 9,780.94 10,260.32 10,763.67 2,051.44 2,151.78 2,257.14 2,367.77 2,483.92

51.28604 53.79456 56.42850 59.19415 62.09808
952 51 YOUTH SERVICES CASE 85,414.84 89,569.56 93,932.04 98,512.62 103,322.24 Sch=M22 COORDINATOR 7,117.90 7,464.13 7,827.67 8,209.39 8,610.19 1,642.59 1,722.49 1,806.39 1,894.47 1,986.97

41.06483 43.06229 45.15963 47.36184 49.67415

EXHIBIT A
367
Schedule = P14

CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E 604 01 POLICE OFFICER 105,639.90 110,921.89 116,467.98 122,291.38 128,405.95 8,803.33 9,243.49 9,705.67 10,190.95 10,700.50
2031.54 2133.11 2239.77 2351.76 2469.35

50.78841 53.32783 55.99422 58.79393 61.73363
603 02 POLICE SERGEANT 131,448.44 138,020.86 144,921.90 152,168.00 159,776.40 10,954.04 11,501.74 12,076.83 12,680.67 13,314.70
2527.85 2654.25 2786.96 2926.31 3072.62

63.19637 66.35618 69.67399 73.15769 76.81558
606 03 POLICE TRAINEE 37.00128 - - - -
(Non-Sworn)

CITY OF LIVERMORE

POLICE OFFICER'S ASSOCIATION
EFFECTIVE 05/08/2023

2. LPOA May 8, 2023
3/9/2023 Page 1 of 1

EXHIBIT A
368

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
472 Airport Manager*
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
$11,331.75 - $14,164.69
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

EXHIBIT A
369

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
*Airport Manager moved salary bands effective November 20, 2023

EXHIBIT A
370
Class
Code Classification
113 Assistant City Attorney, Senior (Confidential) $15,196.70 - $18,995.88 104 Assistant to the City Manager (Confidential) $12,465.09 - $15,581.36 122 Human Resources Manager (Confidential) $13,112.20 - $16,390.25 154 Human Resources Analyst, Senior (Confidential) $10,170.15 - $12,712.69 155 Human Resources Analyst II (Confidential) $9,505.31 - $11,881.64 156 Human Resources Analyst I (Confidential) $7,730.03 - $9,662.54 149 Management Analyst, Senior (Confidential) $10,170.15 - $12,712.69 151 Management Analyst II (Confidential) $9,505.31 - $11,881.64 153 Management Analyst I (Confidential) $7,730.03 - $9,662.54 127 Risk Manager (Confidential)* $11,480.26 - $14,350.33 *Moved from Management Group effective 09/11/2023

CITY OF LIVERMORE
Monthly Salary Range
Effective July 3, 2023
$7,730 - $19,000/month

MANAGEMENT CONFIDENTIAL SALARY SCHEDULE

EXHIBIT A
371

CITY OF LIVERMORE

POLICE MANAGEMENT SALARY SCHEDULE
$13,810 - $21,410/month
Effective July 3, 2023
Class
Code Classification Salary Range
605 Police Captain $17,127.29 - $21,409.12
602 Police Lieutenant $13,810.72 - $17,263.40

EXHIBIT A
372
Class
Code Classifications
216 Administrative Receptionist $5,120.02 - $6,400.02
203 Administrative Specialist I $5,926.26 - $7,407.83
227 Administrative Specialist II $6,665.14 - $8,331.43
200 Executive Assistant $8,532.40 - $10,665.50
226 Human Resources Clerk I $5,926.26 - $7,407.83
212 Human Resources Clerk II $6,519.55 - $8,149.44
219 Human Resources Technician $7,153.66 - $8,942.08
201 Law Office Supervisor $8,532.40 - $10,665.50
204 Legal Assistant $7,085.67 - $8,857.09
Monthly Salary Range

CITY OF LIVERMORE

CONFIDENTIAL SALARY SCHEDULE
$5,120 - $10,670/month
Effective July 3, 2023

EXHIBIT A
373
Class
Code Classification Monthly Salary Range
109 Administrative Services Director $16,435.43 - $20,544.29 103 Assistant City Manager $17,729.26 - $22,161.58
105 Community Development Director $16,435.43 - $20,544.29 106 Deputy City Manager $14,095.31 - $17,619.14
117 Deputy City Manager/City Clerk* $14,095.31 - $17,619.14 114 Innovation and Economic Development Director $16,435.43 - $20,544.29 121 Library Services Director $16,435.43 - $20,544.29
107 Police Chief** $19,364.56 - $24,205.70
111 Public Works Director $16,435.43 - $20,544.29
**Police Chief 3.0% Salary Adjustment to match Police Management increase effective 7/3/2023

CITY OF LIVERMORE

EXECUTIVE MANAGEMENT SALARY SCHEDULE
$14,095 - $24,210/month
Effective November 20, 2023

EXHIBIT A
374

CITY OF LIVERMORE

APPOINTED MANAGEMENT
Class
Code Classification Annual Salary Effective
102 City Manager $344,796 11/20/2023
112 City Attorney $307,580 11/20/2023

EXHIBIT A
375

CITY OF LIVERMORE

UNCLASSIFIED AND HOURLY SALARY SCHEDULE
Class
Code Classification Salary Range Effective Date
210 Department Assistant $15.50 - $25.25 Hourly 12/19/22 438 Field/Maintenance Aide $15.50 - $25.25 Hourly 12/19/22 240 Law Clerk $15.50 - $25.00 Hourly 12/19/22
915 Temporary Librarian $19.00 - $23.50 Hourly 05/11/07 916 Temporary Library Assistant $17.00 - $22.50 Hourly 05/11/07 917 Temporary Library Clerk $15.75 - $19.00 Hourly 05/11/07 920 Library Aide $15.50 Hour 12/19/22
961 Police Cadet $15.50 - $19.00 Hourly 12/19/22
963 Reserve Police Officer Hourly equivalent to Police Officer Step A 956 Special Projects Coordinator $20.00 - $100.00 Hourly 12/20/21

EXHIBIT A
376
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ADOPTING THE CITY OF LIVERMORE SALARY
PLAN DATED JANUARY 2024, IN ACCORDANCE WITH CALIFORNIA
CODE OF REGULATIONS, TITLE 2, SECTION 570.5
The proposed City of Livermore Salary Plan, attached as Exhibit A, is intended to make the following amendments:
 Incorporate 5% base salary adjustment to the classifications in the Livermore Police Officer’s Association, Livermore Police Management Association, and the Police Chief.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby approves the amended Salary Plan dated January 2024, attached hereto as Exhibit A, in accordance with California Code of Regulations, Title 2, Section 570.5.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on October 23, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

EXHIBIT A
378
CLASS

36.47875 38.24691 40.10348 42.05288 44.09975

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES

EXHIBIT A
379
CLASS

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

44.30098 46.46025 48.72748 51.10808 53.60771

EXHIBIT A
380
CLASS

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

49.76422 52.19666 54.75071 57.43247 60.24832

EXHIBIT A
381
CLASS

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

34.75438 36.43633 38.20236 40.05671 42.00376

EXHIBIT A
382
CLASS

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

28.96531 30.35780 31.81991 33.35513 34.96711

EXHIBIT A
383
CLASS

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

47.76364 50.09605 52.54507 55.11655 57.81660

EXHIBIT A
384
CLASS

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

45.70225 47.93160 50.27239 52.73024 55.31097

EXHIBIT A
385
CLASS

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

30.91478 32.40475 33.96921 35.61189 37.33672

EXHIBIT A
386
CLASS

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

43.96894 46.14870 48.43745 50.84063 53.36398

EXHIBIT A
387
CLASS

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

41.06483 43.06229 45.15963 47.36184 49.67415

EXHIBIT A
388
Schedule = P14

CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E 604 01 POLICE OFFICER 110,921.89 116,467.98 122,291.38 128,405.95 134,826.25 9,243.49 9,705.67 10,190.95 10,700.50 11,235.52
2133.11 2239.77 2351.76 2469.35 2592.81

53.32783 55.99422 58.79393 61.73363 64.82031
603 02 POLICE SERGEANT 138,020.86 144,921.90 152,168.00 159,776.40 167,765.22 11,501.74 12,076.83 12,680.67 13,314.70 13,980.44
2654.25 2786.96 2926.31 3072.62 3226.25

66.35618 69.67399 73.15769 76.81558 80.65636
606 03 POLICE TRAINEE 38.85135 - - - -
(Non-Sworn)

CITY OF LIVERMORE

POLICE OFFICER'S ASSOCIATION
EFFECTIVE 01/01/2024

2. LPOA January 1, 2024
10/12/2023 Page 1 of 1

EXHIBIT A
389

CITY OF LIVERMORE

EXHIBIT A
390

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

EXHIBIT A
391
Class
Code Classification
113 Assistant City Attorney, Senior (Confidential) $15,196.70 - $18,995.88 104 Assistant to the City Manager (Confidential) $12,465.09 - $15,581.36 122 Human Resources Manager (Confidential) $13,112.20 - $16,390.25 154 Human Resources Analyst, Senior (Confidential) $10,170.15 - $12,712.69 155 Human Resources Analyst II (Confidential) $9,505.31 - $11,881.64 156 Human Resources Analyst I (Confidential) $7,730.03 - $9,662.54 149 Management Analyst, Senior (Confidential) $10,170.15 - $12,712.69 151 Management Analyst II (Confidential) $9,505.31 - $11,881.64 153 Management Analyst I (Confidential) $7,730.03 - $9,662.54 127 Risk Manager (Confidential)* $11,480.26 - $14,350.33 *Moved from Management Group effective 09/11/2023

CITY OF LIVERMORE
Monthly Salary Range
Effective July 3, 2023
$7,730 - $19,000/month

MANAGEMENT CONFIDENTIAL SALARY SCHEDULE

EXHIBIT A
392
Class
Code Classifications
216 Administrative Receptionist $5,120.02 - $6,400.02
203 Administrative Specialist I $5,926.26 - $7,407.83
227 Administrative Specialist II $6,665.14 - $8,331.43
200 Executive Assistant $8,532.40 - $10,665.50
226 Human Resources Clerk I $5,926.26 - $7,407.83
212 Human Resources Clerk II $6,519.55 - $8,149.44
219 Human Resources Technician $7,153.66 - $8,942.08
201 Law Office Supervisor $8,532.40 - $10,665.50
204 Legal Assistant $7,085.67 - $8,857.09
Monthly Salary Range

CITY OF LIVERMORE

CONFIDENTIAL SALARY SCHEDULE
$5,120 - $10,670/month
Effective July 3, 2023

EXHIBIT A
393

CITY OF LIVERMORE

POLICE MANAGEMENT SALARY SCHEDULE
$14,500 - $22,480/month
Effective January 1, 2024
Class
Code Classification Salary Range
605 Police Captain $17,983.66 - $22,479.58
602 Police Lieutenant $14,501.26 - $18,126.57

EXHIBIT A
394
Class
Code Classification Monthly Salary Range
109 Administrative Services Director $16,435.43 - $20,544.29 103 Assistant City Manager $17,729.26 - $22,161.58
105 Community Development Director $16,435.43 - $20,544.29 106 Deputy City Manager $14,095.31 - $17,619.14
117 Deputy City Manager/City Clerk* $14,095.31 - $17,619.14 114 Innovation and Economic Development Director $16,435.43 - $20,544.29 121 Library Services Director $16,435.43 - $20,544.29
107 Police Chief** $20,332.79 - $25,415.99
111 Public Works Director $16,435.43 - $20,544.29
**Police Chief 5% Salary Adjustment effective 1/1/2024

CITY OF LIVERMORE

EXECUTIVE MANAGEMENT SALARY SCHEDULE
$14,095 - $25,416/month
Effective November 20, 2023

EXHIBIT A
395

CITY OF LIVERMORE

APPOINTED MANAGEMENT
Class
Code Classification Annual Salary Effective
102 City Manager $344,796 11/20/2023
112 City Attorney $307,580 11/20/2023

EXHIBIT A
396

CITY OF LIVERMORE

EXHIBIT A
397
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION GRANTING A ONE-TIME LUMP SUM PAYMENT TO

ALL ASSOCIATION OF LIVERMORE EMPLOYEES, EXECUTIVE

MANAGEMENT (EXCLUDING POLICE CHIEF) EMPLOYEES,

LIVERMORE MANAGEMENT GROUP EMPLOYEES, MANAGEMENT

CONFIDENTIAL EMPLOYEES, AND CONFIDENTIAL EMPLOYEES
To maintain a stable labor management relationship, to help off-set the large increase in health benefit premiums, and in recognition of the outstanding contributions of the employees in the Livermore Association of Employees group, Executive Management (excluding Police Chief), Livermore Management Group, management confidential employees, and confidential staff, it is recommended that the employees in the aforementioned groups receive a one-time, non-pensionable, lump sum bonus, equal to 2% of their base salary with a minimum payment of $2,000 (prorated for part- time employees) and who are employees of record as of January 1, 2024.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby approves a one-time 2% of base salary lump sum bonus for the following employees who are employed by the City of Livermore as of January 1, 2024:
the employees in the Livermore Association of Employees group, Executive Management employees (excluding the Police Chief), employees in the Livermore Management Group management confidential employees, and confidential employees.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that the lump sum payments will be made in January 2024 as part of the regular pay period, paid on January 19, 2024, or as otherwise directed by the City Manager.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on October 23, 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
Deputy City Manager/City Clerk City Attorney
398

CITY COUNCIL STAFF REPORT
ITEM NO. 5.16

DATE:

October 23, 2023
TO:

Honorable Mayor and City Council
FROM:

Christine Martin, Assistant City Manager
SUBJECT:

Resolution of continued local emergency in response to impacts from a series of severe storm events earlier this year.

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, June 12, July 24, and September 11, 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).

399
On March 1, 2023, the Executive Department of the State of California issued a proclamation of State of 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, June 12, July 24, and September 11, 2023, the City Council adopted resolutions of continued local emergency (Resolution Nos. 2023-026, and 2023-072, and 2023-111, and 2023-150, and 2023-159 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

400
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
401
RESOLUTION NO. _______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION OF CONTINUED LOCAL EMERGENCY
(Severe Storm Events – December 2022 through March 2023) 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, as well as the existing damage and impacts from the prior storms, and in anticipation of additional storms and wind, the need for continued debris removal, emergency response 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 402
RESOLUTION NO. _______
order to remain eligible to apply for and receive funding for costs to respond to and repair damages caused by the storm events.

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), and on July 24, 2023 (Resolution No. 2023-150), and on September 11, 2023 (Resolution No. 2023-159) 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 October 23, 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
Deputy City Manager/City Clerk City Attorney
403

CITY COUNCIL STAFF REPORT
ITEM NO. 6.1

DATE:

October 23, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Hearing to consider the Housing and Human Services needs and Housing and Human Services Grant Priorities for Fiscal Year 2024-25.

RECOMMENDED ACTION

The Human Services Commission and staff recommend the City Council adopt a resolution approving the Housing and Human Services Grant Priorities for Fiscal Year 2024-25.

SUMMARY
The Human Services Commission and staff recommend the City Council adopt a resolution approving the Housing and Human Services Grant priorities as set forth in Exhibit A to the Resolution. These priorities are based on input from Livermore’s non-profit service providers and community members about their most pressing housing and human services needs and will inform the next Housing and Human Services Grant application process to select projects serving low-income, senior, youth, people experiencing homelessness, and disabled Livermore residents.

DISCUSSION
Each year, the City of Livermore brings together multiple funding sources to support capital projects and public service programs benefiting low-income Livermore households that are consistent with the City’s goals and priorities. These funding sources include Community Development Block Grant (CDBG) funds and HOME Investment Partnerships Program (HOME) funds, which the U.S. Department of Housing and Urban Development (HUD) provides. The City leverages federal dollars with local resources including the Affordable Housing Trust Fund (Fund 611), the Social Opportunity Endowment (SOE) Fund (Fund 620), and the Social and Human Services Facility Fee Fund (Fund 333).

In FY 2023-24, the City received $404,865 in CDBG funds and $148,123 in HOME funds. The City leveraged these federal dollars with $25,875 of SOE Funds, $78,951 of General Funds (to temporarily supplement the diminishing SOE funds), $209,000 of Affordable Housing Trust Funds and $400,000 of prior year unexpended CDBG funds. These funding sources deliver vital services to Livermore residents by providing 15 grants to 9 public and non-profit agencies. Examples of projects include food programs 404
for seniors, domestic violence counseling, and emergency shelter for people experiencing homelessness. As of this date, the City of Livermore has not received its funding allocation for FY 2024-

25. Staff anticipates this year’s CDBG and HOME allocation will be similar to last year.

On June 22, 2020, the City adopted the FY 2020-24 Five-Year Consolidated Plan which sets forth broad policy goals and the City’s plan for addressing identified priority needs through the use of CDBG and HOME funds as well as the Citizen Participation Plan which is a federally required plan describing the City’s policies and procedures for public involvement in the grants process. According to the City of Livermore Citizen Participation Plan, a community outreach process and public hearing on housing and human services needs is required prior to each grant cycle.

In September 2020, the Human Services Commission and staff launched a community outreach process which is required by the Citizen Participation Plan, to identify priority housing and human services needs in Livermore. This process involved digital community meetings conducted in English and Spanish, a forum with community-based organizations, and a multilingual survey with 145 respondents. The City partnered with the Livermore Housing Authority, Livermore Valley Joint Unified School District, and numerous service providers to ensure that low-income families, people experiencing homelessness, seniors, and non-English speakers could participate.

The Housing and Human Services Grant community outreach process provided valuable information on current safety net service needs which align closely with the projects currently being funded by this grant program. The social service needs that community members identified were mental health services, affordable housing, and homeless services. Other priority needs included assistance for people with disabilities, food security, and services for seniors. The need for more support accessing and navigating existing services, particularly for those with language and technology barriers, was another common theme throughout the outreach process. In addition to the above outreach, and under the direction of the Human Services Commission, in September of 2021 and September of 2022, staff sent additional surveys to local non-profit service providers for input on the needs of the community.

In July 2023, staff emailed a needs assessment survey to the Human Service Interest list which includes the local non-profit providers and posted the survey on the City’s website. Additionally, CityServe of the Tri-Valley collected surveys from their clients at the Multi-Service Center, and City staff attended five (5) outreach events to collect surveys and information regarding the needs in the community. The survey was available in English and Spanish. The City received 109 completed surveys.

On September 12, 2023, the Human Services Commission considered the results of the survey and recommended a set of four funding priorities for the next Housing and Human Services Grant cycle. The four priorities are: Housing, Homeless Services, Public Health, and Social Safety Net Access. Each priority is described in Exhibit A to the Resolution. As required by the Citizen Participation Plan, the City published a public notice regarding the October 23, 2023 public hearing on September 22, 2023. The public notice included a solicitation for public comment on the Housing and Human Services Grant Priorities for FY 2024-25.

If adopted by City Council, the Housing and Human Services grant priorities will inform how the Human Services Commission will evaluate and score all grant applications submitted to the City by non-profit and public agencies in FY 2024-25. The Human Services Commission will review submitted grant applications during their regular February and March 2024 Human Services Commission meetings and make funding recommendations for the City Council to consider at a future City Council meeting. 405

FISCAL AND ADMINISTRATIVE IMPACTS

There are no fiscal impacts other than staff time associated with the community outreach process. The priorities adopted by City Council will inform funding decisions made during the next Housing and Human Services Grant cycle.

COMMUNITY PILLAR
1: A Safe Community that Thrives

GOAL
8: Expand and Improve Access to Human Services

ATTACHMENTS

1. Resolution

2. Exhibit A - City of Livermore Housing and Human Services Grant Priorities FY 2024-25

Prepared by: Amy Walker
Management Analyst 1

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING THE HOUSING AND HUMAN SERVICES GRANT PRIORITIES FOR FISCAL YEAR 2024-25
Each year, the City of Livermore (“City”) brings together multiple funding sources to support capital projects and public service programs benefiting low-income Livermore households that are consistent with the City’s goals and priorities as outlined in the City’s FY 2020-24 Five-Year Consolidated Plan. These funding sources include federal Community Development Block Grant (“CDBG”) funds and HOME Investment Partnership Program (“HOME”) funds, which are leveraged with City sources, including the Social Opportunity Endowment (“SOE”) Fund, Affordable Housing Trust Fund, and Social and Human Services Facility Fee Fund.

The City has traditionally allocated these federal and local funds through its Housing and Human Services Grant Program to eligible public and non-profit agencies that provide housing and social services. For FY 2023-24, the City’s Housing and Human Services Grant Program is providing 15 grants to 9 public and non-profit agencies.

The City of Livermore Citizen Participation Plan requires a community outreach process and public hearing on housing and human services needs prior to each Housing and Human Services grant cycle. As part of an update to the FY 2024-25 priorities, staff sent a survey to the Human Service interest list, which includes residents who requested to receive information regarding Human Services and various local non-profit service providers and posted the survey on the City’s website. Additionally, CityServe of the Tri- Valley collected surveys from their clients, and City staff attended five outreach events to collect surveys and information regarding housing and human services needs in the community.

On September 12, 2023, the Human Services Commission considered the results of the survey and recommended four funding priorities for the next Housing and Human Services Grant cycle, as set forth in the attached Exhibit A. City staff recommend the City Council adopt a resolution approving these Housing and Human Service Grant priorities for FY 2024-25. These priorities will inform how the Human Services Commission will evaluate and score all grant applications submitted to the City by non-profit and public agencies in FY 2024-25.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby approves the Housing and Human Service Grant Priorities for FY 2024-25 as recommended in the attached Exhibit A which will inform the Housing and Human Services Grant application process for the next Housing and Human Services grant cycle.
407
RESOLUTION NO. ________
On motion of Council Member __________________________, seconded by Council Member __________________________, the foregoing resolution was passed and adopted on October 23, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
______________________________ /s/ Molly O’Toole Marie Weber Molly O’Toole City Clerk Deputy City Attorney
Exhibit A - City of Livermore Housing and Human Services Grant Priorities FY 2024-25 408
Updated 09/12/23
H
ousing and Human Services Grant Priorities
Fiscal Year 2024-25
1) H
ousing Services
• Affordable Housing units for low-income families, people experiencing homelessness, and seniors.
• Rental Assistance
• Housing Services to keep low-income families, people with disabilities, and seniors housed.
2) H
omeless Services
• Emergency Shelter and Temporary/Transitional Housing
• Basic Needs such as showers/restrooms and storage
• Employment Services
• Supportive Services such as service navigation and counseling 3) P
ublic Health
• Navigation of Mental Health Services and Substance Use Programs for low- income, unsheltered community members, and seniors.
• Support Services for people with disabilities, seniors, low-income families, and survivors of domestic violence.
• Medical and Dental Services
4) S
afety Net Access
• Access Critical Safety Net Services for non-English speakers, people with disabilities, seniors, low-income families, and youth
• Access to and Navigation of Social Services and Government Sponsored Programs.
• Food security
• Transportation

EXHIBIT A
409

CITY COUNCIL STAFF REPORT
ITEM NO. 7.1

DATE:

October 23, 2023
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution approving an amended and restated employment contract with the City Manager.

RECOMMENDED ACTION

The Evaluation Subcommittee recommends the City Council adopt a resolution approving an amended and restated employment contract with the City Manager.

SUMMARY
The City Manager's contract stipulates under Section V.A. that the City Council shall conduct an annual performance review of the City Manager and determine any modifications to the terms and conditions of employment including any salary increase, bonus, or other benefit changes.

DISCUSSION
The previous City Manager employment contract effective December 5, 2022, indicates the City Council shall review the performance of the City Manager annually and may make modifications to terms and conditions of employment, as deemed appropriate based on performance of duties. As such, the City Council met in Closed Session with the City Manager on October 9, 2023, to discuss her performance evaluation. Prior to that discussion, the City Manager, via memo to the City Council, requested modifications to terms and conditions relevant to her employment contract. At the Closed Session, the City Council discussed the City Manager's request and directed that the City Manager's draft employment contract be placed upon this agenda for City Council consideration.

Additionally, the Council directed that the City Manager's draft employment contract be placed on this agenda for City Council consideration. Council approval would amend and replace the previous contract dated November 29, 2022, with a new contract that reflects the following material changes: provide a compensation adjustment of 8.7% of which 3% is the annual cost of living adjustment (COLA) provided to the Livermore Managers Group (LMG) as required in the City Manager’s contract bringing the City Manager's annual base salary to $344,796. In addition, the contract provides for an increased contribution of $181 per pay period ($4,706 annually) to the City Manager’s deferred compensation and 410
a 2% one-time bonus equal to $6,895.92 that will be provided to all non-public safety City staff effective January 1, 2024

FISCAL AND ADMINISTRATIVE IMPACTS

The additional annual net salary, benefits, and one-time bonus cost $39,198, which will be paid from the General Fund. No additional appropriation is required at this time.

COMMUNITY PILLAR
5: A City that Works

GOAL
8: Attract, develop, engage, and retain a diverse and highly skilled workforce across the organization.

ATTACHMENTS

1. City Manager Employment Contract

REDLINE

2. Resolution

3. Exhibit A - City Manager Employment Contract

Prepared by: Tina Olson
Administrative Services Director

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
411

1 CITY MANAGER EMPLOYMENT CONTRACT

This contract, dated ___October __ , 2023,_____________, is made between the City of Livermore (“City”), a California municipal corporation, and Marianna Marysheva (“Employee”).

RECITALS

City desires to employ the services of Employee as City Manager of the City of Livermore and to provide certain compensation and establish certain conditions of employment of the City Manager.

Employee desires to accept employment as City Manager under the conditions contained in this contract.

In consideration of the mutual covenants contained in this contract, the parties agree as follows:

I. TERM

The term of this contract shall begin on, and its effective date shall be, November 20December 5, 20232, and shall continue indefinitely subject only to the Termination and Severance (section IV) and Resignation (section VIII) provisions of this contract. Both City and Employee understand that Employee’s employment is at the will of both parties. Thus, Employee serves at the pleasure of th e City Council, subject only to the Termination and Severance (section IV) and Notices (section VII) provisions contained in this contract. In a like manner, nothing in this contract shall interfere with the right of Employee to resign at any time subject to the Resignation (section VIII) and Notices (section VII) provisions of this contract.

II. DUTIES

City agrees to employ Employee as City Manager to perform the duties specified in Livermore Municipal Code section 2.08, as well as other duties assigned by the City Council which reasonably relate to the position of City Manager.

Employee agrees to remain in the exclusive employment of City except that City acknowledges that Employee may engage in other professional activities (including teaching, writing, and the like) so long as these activities do not interfere or conflict with Employee’s duties as City Manager.

III. COMPENSATION
A. Salary. City agrees to pay Employee a salary of $344,796305,000 per year, payable at the same time as other City employees are paid. TheBeginning December 5, 2022, the Employee salary will be automatically adjusted annually for cost of living (COLA) at the same rate granted toby the City to the Livermore Management Group (LMG).

LMG received a 3% COLA in 2023. The 3% annual COLA is included in the $344,796 salary. In addition, the City agrees to pay to Employee a onetime bonus in the amount of $6,896, which is equivalent to 2% the Employee’s annual salary, in January 2024 ATTACHMENT 1
412

2 at the same time that the City pays a 2% bonus to the City’s regular non-public safety employees.

B. B. Benefits. Employee shall be entitled to receive the same benefits as are provided for all City Department Heads. Employee shall also receive: 80 hours vacation leave when the contract commences and shall thereafter accrue vacation leave in an am ount that is equivalent to City Department Heads with 20+ years of experience. Employee shall also receive 128 hours of administrative leave and shall thereafter receive administrative leave in an amount that is equivalent to City Department Heads at the same time and in the same manner that administrative leave is provided to City Department Heads. Employee also shall receive the following.

1. A car allowance of $550 per month.

2. A City contribution o f $366185 per pay period into a City -recognized deferred compensation program provided to City Department Heads with a required matching employee contribution of $75 per pay period.

3. Vacation cash-out – Employee shall be eligible to cash out any amount of accrued vacation leave each year and any portion of which may be applied to deferred compensation.

4. Retirement health savings benefit – Employee is eligible for the retirement health savings benefit, with the City contributing 4% of Employee’s annual base pay into the Employee’s account.

IV. TERMINATION AND SEVERANCE
A. City may terminate, without cause, the employment of Employee by providing written notice of such termination to Employee in a manner set forth in the Notice (section VII) provisions of contract.

B. In the event of such termination without cause as set forth in Section IV , while Employee is willing and able to perform the duties of City Manager, City shall pay Employee’s salary and benefits (in the amounts as of the date of termination) for a period of 12 months from the date of termination. This provision shall not apply if termination is for cause. For the purpose of this contract, termination for cause shall mean that Employee is terminated for:

1. willful misconduct;

2. abuse of drugs or alcohol which materially affects the performance of his duties;

3. repeated and protracted unexcused absences from the City Manager’s office;

4. conviction of any felony;

5. conviction of a misdemeanor involving moral turpitude;

6. acceptance of employment from another source inconsistent with this contract; or

7. any material breach of this contract.

V. PERFORMANCE EVALUATION
ATTACHMENT 1
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3 A. Eac
h October, the City Council shall review Employee’s performance to determine, among other things, entitlement to any salary increase (such as merit) or whether to award any one-time special merit award, or bonus, for the accomplishment of the City Council’s specific goals, or for exceptional results or performance above the expected fulfillment of Employee’s job obligations.

B. Each y
ear as a part of the Employee’s evaluation process, Employee and City Council shall meet to discuss establishing performance objectives for Employee. These performance objectives, in combination with any adopted Council goals for the operational period, shall become the bases for Employee’s subsequent performance review.

VI. PR

OFESSIONAL DEVELOPMENT
Ci
ty acknowledges its mutual interest in the continuing professional development of Employee.

Professional development activities will not distract Employee from her is other duties as City Manager.

VII. NO
TICES
The noti
ces pursuant to this contract shall be by certified registered mail return receipt requested addressed as follows:

A. City
:

City
Council
City of Livermore
1052 South Livermore Avenue
Livermore, California 94550
B. Em
ployee:

Mar
ianna Marysheva
City Manager
City of Livermore
1052 South Livermore Avenue
Livermore, California 94550
VIII
. RESIGNATION
Em
ployee may resign, retire, or terminate without cause, this contract by providing written notice of such event to City in a manner set forth in Notices section (section VII) of this contract.

Employee shall provide the written notice at least 60 days in advance of such event. During the period following notice and until the date of resignation, retirement, or termination of this contract becomes effective, all rights and obligations of City and Employee under this contract will remain ATTACHMENT 1
414
4 i
n effect. Upon separation, Employee will be paid for all benefits earned and accrued, including unused leave, in the same manner as City Department Heads upon separation.

ATTACHMENT 1
415
5 IX. G

ENERAL PROVISIONS
A. This
written contract shall constitute the entire contract between the parties, and they have drafted it jointly. No representations, except for those herein, have been made or relied upon.

B. This
contract shall be binding upon and inure to the benefit of the heirs at law and executors of Employee.

C. If
any provisions or any portion thereof contained in this of contract is held invalid by a court of competent jurisdiction the remainder of this contract shall be deemed severable and shall not be affected and shall remain in full force and effect.

D. This
contract may be modified or extended only upon the written consent of City and Employee.

E. Em
ployee will provide the City at least 60 days written notice of the effective date of his resignation or retirement.

F. It
is recognized that the position of City Manager is an executive management position which often requires more than a conventional forty -hour week to provide the desired level of professional service. It is further recognized that to properly fulfill heris duties and responsibilities, Employee will devote a considerable amount of time outside normal office hours to the business of the City. Therefore, Employee will not be required to maintain a strict forty (40) hour-per-week on-site presence at City Hall and may occasionally be absent from City Hall during normal business hours as is reasonable and appropriate. This flexibility in work schedule shall not be abused. In this regard, Employee is required to maintain a regular on-site presence during normal business hours that is sufficient to properly administer and oversee the activities of the City and its employees, to provide accessibility to City Council members, Department Heads, citizens, and other persons or firms who have business with the City and to generally ensure that the City functions appropriately on a day-to-day basis. Excessive absences during regular business hours will be a matter of concern to the City. Employee is expected to be available at all times, except for the time taken on personal matters, such as vacations. City expects Employee to make prudent and reasonable arrangement s for such personal time off, such as reasonable notice and arrangements, for example, for acting City Managers.

It
is one of the duties of the City Manager of the City of Livermore to implement, support, and articulate the policies and objectives of the Livermore City Council and to serve as the primary administrative official of the City. As such, Employee is expected to maintain a reasonably high level of community involvement, and should become an active participant in community activities including those conducted or sponsored by City and its departments and those conducted or sponsored by various community organizations.

G. Ci
ty and Employee agree to fully com ply with AB 1344 that became effective on January 1, 2012, and to fully comply with all other applicable law as it exists on the date of this contract. In that regard, the following Government Code sections are hereby incorporated into this contract:

Sec
tion 53243 Reimbursement of paid leave salary required upon conviction of crime involving office or position
ATTACHMENT 1
416
6 Sec
tion 53243.1 Reimbursement of legal criminal defense upon conviction of crime involving office or position
Sec
tion 53243.2 Reimbursement of cash settlement upon conviction of crime involving office or position
Sec
tion 53243.3 Reimbursement of noncontractual payments upon conviction or crime involving office or position,
Sec
tion 53243.4 “Abuse of office or position” defined, and Sec
tion 53244 Forfeiture of rights to pension or retirement benefits by local public officer upon conviction of felony for conduct arising out of, or in the performance of, official duties.

H. Em
ployee understands and agrees that the term of her employment is governed only by this contract and that no right of regular employment for any specific term is created by this contract. Employee further understands that she acquires no property interest in her employment by virtue of this contract, that the employment is “at will” as defined by the laws of the State of California (meaning that she can be terminated at any time for any reason or for no reason), and that she is not entitled to any pre- or post-deprivation administrative hearing or other due process upon termination or any disciplinary action, except those specifically set forth in Government Code section 54957(b)(2).

In
witness whereof, City has caused this contract to be signed on its behalf by its Mayor, and duly attested by its City Clerk . Employee has signed this document on or before the date written above.

ATT
EST: CITY:
_______________________________ _____________________________

Marie Weber John MarchandBob Woerner
City Clerk Mayor
APPRO
VED AS TO FORM: EMPLOYEE:
________________________________ _____________________________

Jason Alcala Marianna Marysheva
City Attorney City Manager
ATTACHMENT 1
417
RESOLUTION NO. _________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION APPROVING THE 2023 AMENDMENT TO THE EMPLOYMENT

CONTRACT WITH THE CITY MANAGER
On November 29, 2022, the City Council entered into an employment contract with City Manager, Marianna Marysheva. Pursuant to the employment contract, the City Council conducted the City Manager’s annual performance evaluation on October 9, 2023, and evaluated modifications to terms and conditions of employment presented by the City Manager after the performance evaluation.

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

1. Approves modifications to the terms and conditions of the employment contract for the City Manager, effective November 20, 2023, as described more fully in the 2023 Amendment to the City Manager Employment Contract, attached hereto as Exhibit A; and

2. Authorizes the Mayor, on behalf of the City of Livermore , to execute the 2023 Amendment to the City Manager Employment Contract.

On motion of Council Member _______________________, seconded by Council Member _________________________, the foregoing resolution was passed and adopted on October 23, 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
Deputy City Manager/City Clerk City Attorney
Exhibit A – City Manager Employment Contract
418

EXHIBIT A
419

EXHIBIT A
420

EXHIBIT A
421

EXHIBIT A
422

EXHIBIT A
423

CITY COUNCIL STAFF REPORT
ITEM NO. 7.2

DATE:

October 23, 2023
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution approving an amended and restated employment contract with the City Attorney.

RECOMMENDED ACTION

The Evaluation Subcommittee recommends the City Council adopt a resolution approving an amended and restated employment contract with the City Attorney.

SUMMARY
The City Attorney's contract stipulates under Section V.A. that the City Council shall conduct an annual performance review of the City Attorney and determine any modifications to the terms and conditions of employment including any salary increase, bonus, or other benefit changes.

DISCUSSION
The previous City Attorney's employment contract effective November 29, 2022, indicates the City Council shall review the performance of the City Attorney annually and may make modifications to terms and conditions of employment as deemed appropriate based on performance of duties. As such, the City Council met in Closed Session with the City Attorney on October 9, 2023 to discuss his performance evaluation. Prior to that discussion, the City Attorney, via memo to the City Council, requested modifications to terms and conditions relevant to his employment contract. At the Closed Session, the City Council discussed the City Attorney's request and directed that the City Attorney's draft employment contract be placed upon this agenda for City Council consideration. Council approval would amend and replace the previous contract dated November 29, 2022, with a new contract that reflects the following material changes; (1) provide a compensation adjustment of 6% bringing the City Attorney's annual base salary to $307,580, (2) provide a one-time bonus equal to 2% of the City Attorney's salary effective January 1, 2024 of $6,152 and (3) increase the City’s contribution by $150 a month from $965 to $1,115 a month into a City deferred compensation program to the extent that such contribution is matched by employee's contribution. The financial terms of the new contract will be effective November 20, 2023.

FISCAL AND ADMINISTRATIVE IMPACTS
424

The additional net annual salary, benefits, and merit bonus of approximately $27,800 will be paid from the General Fund. No additional appropriation is required at this time.

COMMUNITY PILLAR
5: A City that Works

GOAL
8: Attract, develop, engage, and retain a diverse and highly skilled workforce across the organization.

ATTACHMENTS

1. City Attorney Employment Contract REDLINE

2. Resolution

3. Exhibit A - City Attorney Employment Contract

Prepared by: Tina Olson
Administrative Services Director

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
425
1 CITY ATTORNEY EMPLOYMENT CONTRACT
(Amended and Restated O ctober __, 2023November 29, 2022) This contract, dated O ctober __, 2023 November 29, 2022, is made between the City of Livermore (“City”) a California municipal corporation, and Jason R. Alcala (“Employee”), and upon its effective date amends and replaces the previous employment contract between these parties dated November 29, 2022 December 17, 2021.

RE
CITALS
C
ity desires to employ the services of Employee as City Attorney of the City of Livermore and to provide certain compensation and establish certain conditions of employment of the City Attorney.

E
mployee desires to accept employment as City Attorney under the conditions contained in this contract.

I
n consideration of the mutual covenants contained in this contract, the parties agree as follows:

I. T
ERM
The t
erm of this contract shall begin on, and its effective date shall be, November 20, 2023December 5, 2022, and shall continue indefinitely subject only to the Termination and Severance (section IV) and Resignation (section VIII) provisions of this contract. Both City and Employee understand that Employee's employment is at the will of both parties. Thus, Employee serves at the pleasure of the City Council, subject only to the Termination and Severance (section IV) and Notices (section VII) provisions contained in this contract. In a like manner, nothing in this contract shall interfere with the right of Employee to resign at any time subject to the Resignation (section VIII) and Notices (section VII) provisions of this contract.

II. DUTIES
Cit
y agrees to employ Employee as City Attorney to perform the duties specified in Livermore Municipal Code Chapter 2.12 and the laws of the State of California, as well as other duties assigned by the City Council, which reasonably relate to the position of City Attorney.

E
mployee agrees to remain in the exclusive employment of City except that City acknowledges that Employee may engage in other professional activities (including teaching, writing, legal representation of family members in matters unrelated to the City of Livermore, and the like) so long as these activities do not interfere or conflict with Employee's duties as City Attorney.

Ill. COMPENSATION
A. S alary. City agrees to pay Employee a salary of $307,580$290,170.00 per year, payable at the same time as other City employees are paid. In addition, the City agrees to pay to ATTACHMENT 1
426
2 Employee a onetime bonus in the amount of $6,152, which is equivalent to 2% the Employee’s annual salary, in January 2024 at the same time that the City pays a 2% bonus to members of the City’s regular non-public safety employees.

B. Benefits. Employee shall be entitled to receive the same benefits as are provided for all City Department Heads. Employee shall also maintain the earned benefits, such as sick leave and vacation leave, that Employee has accumulated in his employment previously for the City. Additionally, Employee shall receive:

(1) A car allowance of $400 per month.

(2) City contribution of $850/month $700/month into a City deferred compensation program to the extent that such contribution is matched by Employee's contribution. This contribution is in addition to the City's contribution of $265/month into a City deferred compensation program provided to City Department Heads to the extent that the Employee contributes $162.50 per month. The total City deferred compensation contribution would equal $1,115/month $965/month and the total Employee deferred compensation contribution would equal $1,012.50/month$862.50/month.

(3) Retiree health reimbursement benefit – The City Council acknowledges that, prior to promotion to City Attorney, Employee was eligible to receive this benefit upon retirement and the purpose of this section to preserve Employee's previously earned eligibility for this benefit. Employee shall be eligible upon retirement for a retiree health reimbursement benefit up to a cap of $1,950 per month.

IV. TERMINATION AND SEVERANCE

A. City may terminate, without cause, this contract and the employment of Employee by providing written notice of such termination to Employee in a manner set forth in the Notices (section VII) provisions of this contract.

B. I f the City Council acts in a manner such that the California Rules of Professional Conduct of lawyers require Employee to withdraw from representing the City of Livermore, then that mandatory withdrawal will be treated as a termination without cause for the purposes of this contract. The California Rules of Professional Conduct of lawyers are adopted by the Board of Trustees of the State Bar of California and approved by the California Supreme Court to protect the public, the courts, the legal profession, and the integrity of the legal system. Examples of City Council actions that require mandatory withdrawal are set forth in Rule of Professional Conduct 1.16(a)(1) and include scenarios where a client brings an action, conducts a defense, asserts a position in litigation, or takes an appeal, without probable cause and for the purpose of harassing or maliciously injuring any person. Other scenarios include situations where a client persists in instructing the lawyer to act contrary to professional ethics or the law. If there is a disagreement whether the City Council’s conduct warrants the Employee’s mandatory or permissive withdrawal, the question will be presented to a either the State Bar of California, or to a court of competent jurisdiction, to evaluate and determine whether that conduct requires the Employee’s mandatory withdrawal, which determination shall then be applied for the purpose of implementing this section in the contract.

C. I n the event of such termination without cause as set forth in this Section IV, while ATTACHMENT 1
427
3 Employee is willing and able to perform the duties of City Attorney , City shall pay Employee's salary and benefits (in the amounts as of the date of termination) for a period of 12 months from the date of termination subject to, and such payment shall be interpreted to comply wit h, the limitations set forth in California Government Code Sections 53260 and 53261. This provision shall not apply if termination is for cause. For the purpose of this contract, termination for cause shall mean that Employee is terminated for:

(1) willful misconduct;
(2) abuse of drugs or alcohol which materially affects the performance of his duties; (3) repeated and protracted unexcused absences from the City Attorney's office; (4) conviction of any felony;
(5) conviction of a misdemeanor involving moral turpitude; (6) acceptance of employment from another source inconsistent with this contract; or
(7) any material breach of this contract.

V. PERFORMANCE EVALUATION

A. Each October , the City Council shall review Employee’s performance to determine, among other things, entitlement to any salary increase (including merit and/or cost of living) or whether to award any one -time special merit award, or bonus, for the accomplishment of the City Council’s specific goals, or for exceptional results or performance above the expected fulfillment of Employee’s job obligations.

B. Each year as part of the Employee’s evaluation process, Employee and City Council shall meet to discuss establishing performance objectives for Employee. Evaluations shall be primarily based upon the mutually developed and agreed upon performance goals and objectives for that year’s evaluation as well as upon the performance of the full range of duties required of Employee as the City Attorney by the laws of the State of California, the Li vermore Municipal Code, and the Council goals and policies. The City Council and Employee shall also assess the quality and effectiveness of their working relationship. After reviewing Employee’s performance based upon the agreed upon goals and objectives, the City Council shall notify City Attorney in writing whether the City Attorney has performed, in the Council’s judgment, satisfactorily or unsatisfactorily.

C. M
erit Increases. City may increase the Employee’s base salary and/or other benefits in an amount and to the extent as the City may determine that is desirable to do so on the basis of an annual performance evaluation and salary review. In addition, a lump-sum merit payment may be awarded in the City Council’s sole judgment and discretion if it finds that the Employee’s job performance exemplifies excellence in a unique program or activity having a significant positive impact on City operations or the community, but such award shall not be added to the Employee’s salary.

VI. PROFESSIONAL DEVELOPMENT

City acknowledges its mutual interest in the continuing professional development of Employee.

Thus, City agrees to allow and pay all expenses associated with membership fees as well as employment-related conferences, including meals, subscriptions, and professional development costs associated with professional organizations, such as the California Bar Association , the League of California Cities, the Bay Area City Attorney’s Association, the Contra Costa City and ATTACHMENT 1
428
4 County Attorney’s Association, and the East Alameda County Bar Association. This may include activities such as serving as an officer or board member of such organizations. Professional development activities will not distract Employee from his other duties as City Attorney.

VII. NOTICES

The notices pursuant to this contract shall be by certified registered mail return receipt requested addressed as follows:

A. City:

City Council
City of Livermore
1052 South Livermore Avenue
Livermore, California 94550

B. Employee:

Jason R. Alcala
City Attorney
City of Livermore
1052 South Livermore Avenue
Livermore, California 94550

VIII. RESIGNATION

Employee may resign, retire, or terminate, without cause, this contract by providing written notice of such event to City in a manner set forth in the Notices (section VII) section of this contract.

Employee shall provide the written notice at least 60 days in advance of such event. During the period following notice and until the date the resignation, retirement, or termination of this contract becomes effective, all rights and obligations of City and Employee under this contract will remain in effect. Upon separation, Employee will be paid for all benefits and earned, accrued, and unused leave in the same manner as City Department Heads upon separation.

IX. GENERAL PROVISIONS

A. This written contract shall constitute the entire agreement between the parties, and they have drafted it jointly. No representations, except for those herein, have been made or relied upon.

B. This contract shall be binding upon and inure to the benefit of the heirs at law and executors of Employee.

C. If any provisions or any portion thereof contained in this contract is held invalid by a court of competent jurisdiction, the remainder of this contract shall be deemed severable and shall not be affected and shall remain in full force and effect.

D. This contract may be modified or extended only upon the written consent of City and Employee.

ATTACHMENT 1
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5 E. Employee will provide the City at least 60 days written notice of the effective date of his resignation or retirement.

F. It is recognized that the position of City Attorney is an executive management position which often requires more than a conventional 40 hour -per-week to provide the desired level of professional service. It is further recognized that to properly fulfill his duties and responsibilities, Employee will devote a considerable amount of time outside normal office hours to the business of the City. Therefore, Employee will not be required to maintain a strict 40 hour- per-week on-site presence at City Hall, and may occasionally be absent from City Hall during normal business hours as is reasonable and appropriate. This flexibility in work schedule shall not be abused. In this regard, Employee is required to maintain a regular on- site presence during normal business hours that is sufficient to properly administer and oversee the activities of the City Attorney’s office and its employees, to provide accessibility to City Council members, Department Heads, citizens, and other persons or firms who have business with the City and to generally ensure that the City Attorney’s office functions appropriately on a day -to-day basis.

Excessive absences during regular business hours will be a matter of concern to the City.

Employee is expected to be available at all times, except for the time taken on personal matters, such as vacations. City expects Employee to make prudent and reasonable arrangement s for such personal time off, such as reasonable notice and arrangements, for example, for acting City Attorneys.

It is one of the duties of the City Attorney of the City of Livermore to serve as the primary legal advisor to the City for the implementation, support, and articulation of the City Council’s policies and objectives. As such, Employee is expected to maintain a reasonably high level of community involvement, and should become an active participant in community activities including those conducted or sponsored by City and its departments and those conducted or sponsored by various community organizations.

G. City and Employee agree to fully comply with AB 1344 that became effective on January 1, 2012, and to fully comply with other applicable law as it exists on the date of this contract. In that regard, the following Government Code Sections are hereby incorporated into this contract:

Section 53243 Reimbursement of paid leave salary required upon conviction of crime involving office or position

Section 53243.1 Reimbursement of legal criminal defense upon conviction of crime involving office or position

Section 53243.2 Reimbursement of cash settlement upon conviction of crime involving office or position

Section 53243.3 Reimbursement of noncontractual payments upon conviction or crime i
nvolving office or position,

Section 53243.4 “Abuse of office or position” defined, and

Section 53244 Forfeiture of rights to pension or retirement benefits by local public officer upon conviction of felony for conduct arising out of, or in the performance of, official duties.

ATTACHMENT 1
430
6 H. Employee understands and agrees that the term of his employment is governed only by this contract and that no right of regular employment for any specific term is created by this contract. Employee further understands that he acquires no property interest in his employment by virtue of this contract, and that the employment is “at will” as defined in the laws of the State of California (meaning that she can be terminated at any time for any reason or for no reason), and that she is not entitled to any pre- or post-deprivation administrative hearing or other due process upon termination or any disciplinary action, except those specifically set forth in Government Code section 54957(b)(2).

I
n witness whereof, City has caused this contract to be signed on its behalf by its Mayor, and duly attested by its City Clerk, Employee has signed this document on or before the date written above.

ATTEST: CITY:

_____________________________ _____________________________ Marie Weber John Marchand
City Clerk Mayor

APPROVED AS TO FORM EMPLOYEE:

_____________________________ _____________________________ Kimber
l y Cilley Jason R. Alcala
Senior Assistant City Attorney City Attorney

ATTACHMENT 1
431
RESOLUTION NO. _________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING AN AMENDED AND RESTATED EMPLOYMENT

CONTRACT WITH THE CITY ATTORNEY
On November 29, 2022, the City Council entered an employment contract with City Attorney, Jason Alcala. Pursuant to the employment contract, the City Council conducted the City Attorney’s annual performance evaluation on October 9, 2023, and evaluated modifications to terms and conditions of employment presented by the City Attorney subsequent to the performance evaluation.

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

1. Approves modifications to the terms and conditions of the employment contract for the City Attorney, effective November 20, 2023, as described more fully in the Amended and Restated City Attorney Employment Contract, attached hereto as Exhibit A; and

2. Authorizes the Mayor, on behalf of the City o f Livermore , to execute the Amended and Restated City Attorney Employment Contract.

On motion of Council Member___________________, seconded by Council Member ____________________the foregoing resolution was passed and adopted on October 23, 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
Deputy City Manager/City Clerk Senior Assistant City Attorney Exhibit A – City Attorney Employment Contract
432

EXHIBIT A
433

EXHIBIT A
434

EXHIBIT A
435

EXHIBIT A
436

EXHIBIT A
437

EXHIBIT A
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CITY COUNCIL STAFF REPORT
ITEM NO. 10.1

DATE:

October 23, 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 Livermore Human Services Commission Annual Update presented by Jon Orellana, Chair, Livermore Human Services Commission.

Material: PowerPoint Presentation

6.1 Hearing to consider the Housing and Human Services needs and Housing and Human Services Grant Priorities for Fiscal Year 2024-25.

Material: PowerPoint Presentation

7.1 Resolution approving an amended and restated employment contract with the City Manager.

Material: PowerPoint Presentation

7.2 Resolution approving an amended and restated employment contract with the City Attorney.

Material: PowerPoint Presentation

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

Material: Council Reports

DISCUSSION

ATTACHMENTS
439

1. Supplemental Materials

Prepared by: Debbie Elam
Assistant City Clerk

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
440
1 Human Services Commission
Annual Update
October 23, 2023
Presented by Chairperson Jon Orellana
Duties and Responsibilities

1. Serve as the primary advisory body to t he City Council on social conditions in the community, particularly for those residents who are of low and moderate income.

2. Advise the City Council of social needs wi thin the community that will affect the delivery of human services and unaddressed needs.

3. Advise the City Council regarding expenditu re of funding from the US Department of Housing and Urban Development (HUD). This will include but is not limited to entitlements received within the Community Development Block Grant (CDBG) Program and the HOME Investment Partnership Program (HOME). 1 2
Item 3.1
PowerPoint Presentation
441
2 Housing and Human Services Grant Priorities
1) Public Health
• Navigation Mental Health and Substance Use Programs for low-income, unsheltered community members, and seniors
• Support Services for people with disabilities, s eniors, low-income families, and survivors of domestic violence
• Medical and Dental Services
2) Housing
• Affordable housing units for low-income familie s, people with disabilities, people experiencing homelessness, and seniors
• Rental Assistance
• Housing Services to keep low-income familie s, people with disabilities, and seniors housed 3) Homelessness
• Emergency Shelter and Temporary/Transitional Housing
• Basic Needs such as showers/restrooms and storage
• Employment Services
• Supportive Services such as se rvices navigation and counseling 4) Safety Net A
ccess
•
Access Critical Safety Net Services for non-English speakers, people with disabilities, seniors, low-income families, and youth
• Access and Navigation to Social Services and Government Sponsored Programs • Food Security
• Transporta
tion
FY 2023-2024 Grant Recommendations
AmountTotal Recommendation by Funding Source
$ 404,865Community Development Block Grant (CDBG)
400,000Prior Year(s) Community Block Grant (CDBG)
25,875Social Opportunity Endowment (SOE)
148,123HOME Investment Partnership (HOME)
209,000Affordable Housing In-Lieu Funds
78,951General Fund
$1,266,814Total
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Item 3.1
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3 Challenges & Opportunities
1) CDBG Funding
• Unpredictability of CDBG fundi ng for Local Governments • Non indication of future HUD allocation formula reduction • Only 15% of the annual allocation can be used for Public Services. 2)
Social Opportunity Endowment (SOE)
• Created in 2006 to fund public services
• Allocated up to $80,000 per year through the grants process for Public Services • The fund is fully depleted, but exploring opportunities to replenish the funds 3) Funding and Community Engagement Opportunities
• Engage our federal, state, and county partners to advocate for additional resources • Continue public outreach to determine Human Services priorities and goals
Human Services Commission Highlights
• The Commission heard presentations from 7 agencies, with 8 new grant applications •
Commissioners reviewed and scored 21 grant applications • Recommended funding for 15 projects from 9 agencies totaling $1,060,757 • Sent a questionnaire to the Community and Service Providers soliciting feedback on the current grant priorities
• Hosted several of our non-prof it partners and Livermore Police Department’s Homeless Liaison Officers to discuss current service trends
• Livermore will host a Joint Human Services Commi ssion Meeting on November 14 to discuss the final stages of the Eastern Alameda County Human Services Needs Assessment 5 6
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4 Questions?
7 Item 3.1
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1 Housing and Human Services Grant Program Priorities
Fiscal Year (FY) 2024-25
Public Hearing
October 23, 2023
Presented by Amy Walker, Human Services Management Analyst I Federal Grant Requirements
 The City is an entitlement recipient of Community Development Block Grant (CDBG) funds from the federal Department of Housing and Urban Development (HUD)
 HUD defines the process by which community needs are identified and resources are allocated
 The City is required to conduct a public hearing and solicit input from community members about pressing housing and human services needs prior to each grant cycle.
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2 Needs Outreach
• In July 2023, City Staff sent a survey to the Human Service Interest list and posted the survey to the City’s website to solicit input regarding the current needs in the Community
• City Staff attended 5 out reach events to collect surveys and information • CityServe of the Tri-Valley collected surveys from their clients at the Multi- Service Center.
• All responses and comments were s hared with the Human Services Commission
Housing & Human Services
Grant Priorities for FY 2024-25

1. Housing Services
 Affordable Housing units for low-income families, people experiencing homelessness, and seniors
 Rental Assistance
 Housing Services to keep low-income families, people with disabilities, and seniors housed

2. Homeless Services
 Emergency Shelter and Temporary/Transitional Housing
 Basic Needs such as showers/restrooms and storage
 Employment Services
 Supportive Services such as service navigation and counseling 3 4
Item 6.1
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3 Housing & Human Services
Grant Priorities for FY 2024-25

3. Public Health
 Navigation of Mental Health Services and Substance Use Programs for low-income, unsheltered community members, and seniors
 Support Services for people with disabilities, seniors, low- income families, and survivors of domestic violence
 Medical and Dental Services

4. Safety Net Access
 Access Critical Safety Net Services for non-English speakers, people with disabilities, seniors, low-income families, and youth  Access to and Navigation of Social Services and Government Sponsored Programs
 Food security
 Transportation
Recommendation
The Human Services Commission and staff recommend the City Council:
• Adopt a Resolution approving the Housing and Human Services Grant Priorities for FY 2024-25
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1 City Manager And City Attorney Contract Amendments
October 23, 2023
Tina Olson, Administrative Services Director
City Manager’s Contract Amendment
• City Council conducted a perform ance evaluation on October 9th • The Evaluation Subcommittee reco mmends the following adjustments:
 3% COLA
 consistent with LMG and Department heads
 5.7% Merit Increase & $181 per pay period increased deferred compensation contribution
 maintains minimum 10% pay differential to subordinates and maintains total compensation within 5% of comparable cities
 2% one-time bonus
 provided to all non-sworn staff
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Items 7.1 and 7.2
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2 City Manager’s Contract Amendment
Effective Dates:
• Salary and deferred compensati on increases - November 20, 2023 • 2% one-time bonus - January 1, 2024
Questions?
3 4
Items 7.1 and 7.2
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3 City Attorney’s Contract Amendment
• City Council conducted a perform ance evaluation on October 9th • The Evaluation Subcommittee reco mmends the following adjustments:
 3% COLA
 consistent with LMG and Department heads
 3% Merit Increase & $69.23 per pay period increased deferred compensation contribution
 maintains total compensation within 5% of comparable cities  2% one-time bonus
 provided to all non-sworn staff
City Attorney’s Contract Amendment
Effective Dates:
• Salary and deferred compensati on increases - November 20, 2023 • 2% one-time bonus - January 1, 2024
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Items 7.1 and 7.2
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4 Questions?
7 Items 7.1 and 7.2
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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 10/9/2023
Alameda County Airport
Commission Commission Meeting
Approved the industrial compatibility determination at the Oaks Business Park for the sites SMP 39 and 40 (Surface Mining Permits 39, 40) for manufacturing and light industrial uses.

This is in the Airport Influence Area (AIA).

Mayor Marchand 10/10/2023
Livermore Valley Joint Unified
School District Roundtable and tour
Heard a presentation and toured the new Wellness Center at Livermore High School.

Mayor Marchand 10/11/2023 City of Livermore Recog nition Attended the Annual Empl oyee Appreciation luncheon.

Mayor Marchand 10/11/2023 Valley Link Board meeting
Heard updated and approved the $25 M in State Transit and InterCity Rail Capital Program Funds (TIRCP) to Valley Link.

Mayor Marchand 10/11/2023
Alameda County Mayors
Conference
Business meeting and
presentation.

Approved appointments to regional agencies and heard an update from the Bay Conservation and Development
Commission on sea level rise adaptation.

Mayor Marchand 10/12/2023 Livermore Chamber of Commerce Ribbon-cutting Attended the ribbon-cutting for Custom Labels which makes innovative labels for wine bottles and other products you recognize every day.

Mayor Marchand 10/14/2023 City of Livermore ArtWalk
Participated in the set-up, break-down and the event itself which highlighted our vibrant local arts community.

Mayor Marchand 10/16/2023
Alameda County Transportation
Commission Planning, Policy and
Legislation Committee. Meeting
Heard an update on legislative activities, approved the Congestion Management Plan and a communications RFQ.

Mayor Marchand 10/18/2023 City of Livermore Retirement
Presented a proclamation recognizing Brian Harris's 36-year career with the City of Livermore.

Mayor Marchand 10/18/2023 Livermore Chamber of Commerce Business Mixer and Ribbon-
cutting
Presented a Certificate of Welcome to Legacy Real Estate and Associates. (No relation to the Legacy Partners downtown apartment development.)
Mayor Marchand 10/23/2023
Livermore Amador Valley
Transportation Authority (LAVTA)
Projects and Services Committee Committee
Updates on Wheels in Motion Outreach and Autonomous
Vehicle Project
Item 8.0
Council Reports
452
Council Member
Date of
Meeting or
Event Committee or Organization
Meeting or Event Type (ex. board meeting
or ribbon cutting)
Summary of Meeting or
Event
Council Member Branning 10/23/2023
Livermore Amador Valley
Transportation Authority (LAVTA) Projects and services committee Council Member Branning 10/21/2023 Livermore Valley Vintners Collective Winemakers Dinner Council Member Branning 10/19/2023 CalCities East Bay Division Meeting CalPERS update Council Member Branning 10/17/2023 Livermore Downtown Inc. Bo ard Meeting General Plan Update Council Member Branning 10/18/2023 Livermore Chamber of Commerce Monthly Mixer Item 8.0
Council Reports
453
Council Member
Date of
Meeting or
Event
Committee or
Organization
Meeting or Event Type (ex. board meeting
or ribbon cutting)
Council Member Carling 10/11/2023 City of Livermore Employee Recognition Luncheon Council Member Carling 10/12/2023 StopWaste Board Meeting Item 8.0
Council Reports
454

Livermore City CouncilOctober 23, 2023

Livermore City Council
October 23, 2023