Agenda packet — Livermore City Council, October 23, 2023 (part 1 of 2)

CITY COUNCIL
AGENDA
MONDAY, OCTOBER 23, 2023
REGULAR MEETING –
7:00 PM
CLOSED SESSION - 6:30 PM

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

CIVIC CENTER MEETING HALL

CITY COUNCIL CHAMBERS
1016 S. LIVERMORE AVENUE

ZOOM IS CURRENTLY SUSPENDED UNTIL FURTHER NOTICE
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
TV29:

Comcast TV Channel 29
tv29live.org
John P Marchand, Mayor
Brittni Kiick, Vice Mayor
Ben
Barrientos, Council Member
Evan Branning, Council Member
Robert W Carling, Council Member
Livermore City Council Agenda
October 23, 2023

1 1.

CLOSED SESSION - 6:30 PM

Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
Note: This Closed Session my be continued to the end of the Regular Meeting.

1.1 Conference with Legal Counsel - Anticipated Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(4) to decide whether to initiate litigation based on existing facts and circumstances. (One case)

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

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

Recommendation:

Staff recommends the City Council accept the Livermore Human Services Commission annual update.

Staff Report

3.2 Proclamation recognizing October as Domestic Violence Awareness Month presented to Tri- Valley Haven Executive Director, Christine Dillman.

Recommendation:

Staff recommends City Council recognize October as Domestic Violence Awareness Month and honor Tri-Valley Haven for their work.

Staff Report

Attachments:

1. Proclamation

4. OPEN FORUM

In conformance with the Brown Act, no City Council action can occur on items

ROLL CALL

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

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION

Livermore City Council Agenda
October 23, 2023

2 presented during Open Forum.

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

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

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

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

5. CONSENT CALENDAR

Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must submit a speaker card found at the entrance of the Council Chambers. A speaker is limited to a single comment with a maximum of three minutes for the entire Consent Calendar. If Consent Calendar items are pulled for discussion by the City Council, a speaker will be allowed one comment on the items pulled for discussion and a separate comment for the remaining Consent Calendar. The one comment limit applies regardless of format or time submitted (this includes email and e- comment submissions prior to the meeting as well as live comments during the meeting).

5.1 Approval of draft minutes - September 25, 2023 Regular Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

1. 2023-09-25 Draft Meeting Minutes

5.2 Adopt an Ordinance
amending section 11.08.010 Definitions and section 11.08.080 Hangar Waiting Lists of Chapter 11.08 Airport Rules and Regulations of the Livermore Municipal Code.

Recommendation:

Staff recommends that the City Council adopt an ordinance amending section 11.08.010 Definitions and Section 11.08.080 Hangar Waiting Lists of Chapter 11.08 Airport Rules and Regulations of the Livermore Municipal Code.

Staff Report

Attachments:

1. Ordinance

2. Exhibit A - Hangar Waitlist Policy Ordinance

5.3 Introduce an ordinance
and waive the first reading, adding Chapter 8.21 Summary Abatement of Graffiti to the Livermore Municipal Code.

Recommendation:

Livermore City Council Agenda
October 23, 2023

3 Staff recommends the City Council introduce an ordinance and waive the first reading, adding Chapter 8.21 Summary Abatement of Graffiti to the Livermore Municipal Code, with an effective date of January 1, 2024.

Staff Report

Attachments:

1. Ordinance

2. Exhibit A - LMC Chapter 8.21

5.4 Introduce an omnibus ordinance
and waive the first reading to adopt modifications to the Livermore Municipal Code and the Livermore Development Code.

Recommendation:

Staff recommends City Council introduce an omnibus ordinance and waive the first reading adopting modifications to the Livermore Municipal Code and Livermore Development Code to update references, strike outdated terms, add additional references, clarify existing provisions, and to make additional technical or non-substantive corrections.

Staff Report

Attachments:

1. Ordinance

5.5 Resolution authorizing supplemental appropriations in the amount of $535,000 to Fiscal Year 2023-24 and $250,000 to Fiscal Year 2024-25 and awarding and authorizing execution of an agreement with Redgwick Construction Company, in an amount not-to-exceed $1,849,844, for construction of the Railroad Avenue Street Improvements Project No. 2021-16.

Recommendation:

Staff recommends the City Council adopt a resolution for the Railroad Avenue Street Improvements Project 2021-16:
1 .

Authorizing a supplemental appropriation of Sewer Replacement Fund (Fund 239) in the amount of $115,000 to FY 2023-24;
2 .

Authorizing supplemental appropriations of Gas Taxes (Fund 650) in the amount of $210,000 to FY 2023-24 and $125,000 to FY 2024-25;
3 .

Authorizing supplemental appropriations of Gas Tax-SB1 (Fund 651) in the amount of $210,000 to FY 2023-24 and $125,000 to FY 2024-25;
4 .

Awarding a construction contract to Redgwick Construction Company, in an amount not-to-exceed $1,849,844, and authorizing the City Manager to sign the agreement; 5 .

Rejecting all other bids or proposals; and
6 .

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

Staff Report

Attachments:

1. Location Map

2. Resolution

3. Exhibit A - Construction Contract with Redgwick Construction Company

Livermore City Council Agenda
October 23, 2023

4 5.6
Resolution approving an exception to the Livermore Municipal Code bidding requirement and authorizing sole sourcing specific brands of equipment and instruments for the construction of the Water Reclamation Plant (WRP) UV Treatment System Replacement Project No. 2021-28.

Recommendation:

The acting City Engineer recommends the City Council adopt a resolution:
1 .

Authorizing sole sourcing specific brands of equipment and instruments for the construction of the Water Reclamation Plant (WRP) UV Treatment System Replacement Project No. 2021-28;
2 .

Approving, per the recommendation of the acting City Engineer, an exception to the bidding requirement contained in Livermore Municipal Code Section 2.68.550(C), because there is no competitive advantage to be gained by inviting bids and the acting City Engineer has determined that the supplies and equipment are unique and available for a sole source; and
3 .

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

Staff Report

Attachments:

1. Project Location

2. Resolution

5.7 Resolution approving an exception to the Livermore Municipal Code bidding requirements and authorizing sole sourcing specific brands of equipment and instruments for the construction of the Airway Pump Station Improvements Project No. 2021-30.

Recommendation:

The acting City Engineer recommends the City of Livermore City Council adopt a resolution:
1 .

Authorizing sole sourcing specific brands of equipment and instruments for the construction of the Airway Pump Station Improvements Project No. 2021-30; 2 .

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

Staff Report

Attachments:

1. Project Location

2. Resolution

5.8 Resolution authorizing execution of a Low-Income For Sale Housing Agreement with TH Arroyo Vista, LLC, for a 435-unit subdivision located in the Arroyo Vista neighborhood, generally to the east and north of Las Positas Road, south of Arroyo Vista Road, west of Bennett Drive and bisected by the Arroyo Seco channel intersection (VTTM 8379).

Livermore City Council Agenda
October 23, 2023

5 Recommendation:

Staff recommends the City Council adopt a resolution authorizing execution of a Low-Income For Sale Housing Agreement with TH Arroyo Vista, LLC, for a 435-unit subdivision located in the Arroyo Vista Neighborhood Area, generally to the east and north of Las Positas Road, south of Arroyo Vista Road, west of Bennett Drive and bisected by the Arroyo Seco channel (Vesting Tentative Tract Map 8379).

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Agreement

5.9 Resolution approving allocation of the Tourism and Special Event Grant monies for July 1, 2023-June 30, 2024, and authorizing the execution of grant agreements with Altamont Cruisers, Livermore Valley Opera, Quest Science Center, Rotary Club of Livermore, and Shakespeare's Associates, Inc. in the amount of $2,000 each.

Recommendation:

Staff recommends City Council adopt a resolution approving allocation of Tourism and Special Event Grant monies for July 1, 2023-June 30, 2024, and authorize the execution of grant agreements with Altamont Cruisers, Livermore Valley Opera, Quest Science Center, Rotary Club of Livermore, and Shakespeare's Associates, Inc. in the amount of $2,000 each.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Grant Agreement with Altamont Cruisers

3. Exhibit B - Grant Agreement with Livermore Valley Opera

4. Exhibit C - Grant Agreement with Quest Science Center

5. Exhibit D - Grant Agreement with Rotary Club of Livermore

6. Exhibit E - Grant Agreement with Shakespeare's Associates

5.10 Resolution authorizing a First Amendment to the agreement with PlaceWorks, Inc. for the Comprehensive General Plan and Housing Element Update, increasing the scope of work and the not-to-exceed amount from $2,800,000 to $3,026,000 and extending the term to December 31, 2025.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the execution of a First Amendment to the agreement with PlaceWorks, Inc. to update the Livermore General Plan and Housing Element, increasing the scope of work and the not-to-exceed amount from 2,800,000 to $3,026,000 and extending the term to December 31, 2025.

Staff Report

Attachments:

1. June 28, 2021, Staff Report

2. Resolution

3. Exhibit A - Agreement

Livermore City Council Agenda
October 23, 2023

6 5.11
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.

Recommendation:

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.

Staff Report

Attachments:

1. Resolution

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

5.12 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.

Recommendation:

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.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Avenu Insights and Analytics LLC Agreement

5.13 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.

Recommendation:

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.

Staff Report

Attachments:

1. Asana Quote

2. Resolution

5.14 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

Livermore City Council Agenda
October 23, 2023

7 ended FY 2022-23 with expenditures in excess of budget.

Recommendation:

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.

Staff Report

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

5.15 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.

Recommendation:

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.

Livermore City Council Agenda
October 23, 2023

8 Staff Report

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

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

Recommendation:

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.

Staff Report

Attachments:

1. Resolution

6. PUBLIC HEARINGS

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

Recommendation:

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.

Staff Report

Attachments:

1. Resolution

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

7. MATTERS FOR CONSIDERATION

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

Recommendation:

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

Staff Report

Livermore City Council Agenda
October 23, 2023

9 Attachments:

1. City Manager Employment Contract

REDLINE

2. Resolution

3. Exhibit A - City Manager Employment Contract

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

Recommendation:

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

Staff Report

Attachments:

1. City Attorney Employment Contract REDLINE

2. Resolution

3. Exhibit A - City Attorney Employment Contract

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS

9. ADJOURNMENT

To a Regular City Council meeting on Monday, November 13, 2023 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

10. SUPPLEMENTAL MATERIALS

10.1 Supplemental materials.

Staff Report

Attachments:

1. Supplemental Materials

11. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING

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

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

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

Livermore City Council Agenda
October 23, 2023

10 Other Agenda Items
are also open for public input including Consent Calendar or Matters for Consideration items. These comments are also subject to the 3-minute limit.

Special Meetings, Workshops
- The public will have the opportunity to address the City Council regarding the item that is the subject of the special meeting or workshop. Public comments are limited to a maximum of 3 minutes per person.

Platforms to Participate in Meetings:

Submission of Comments Prior to the Meeting:

Email Comments
may be submitted by the public to the City Clerk’s Office (
[email protected]
). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record.

eComments
may be submitted by the public using the eComment link
here
. Comments may
be up to 1000 characters in length and will be accepted up until 4:00 pm the day of the meeting. These items will NOT be read into the record and are viewable by the City Council and the public upon submittal.

Submission of Comments During the Meeting:

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

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

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

TV29:
tv29live.org
Comcast Cable 29
YouTube:
http://youtube.com/c/CityofLivermoreCalifornia

If you would like to deliver written materials to the City Council as part of your public comment, please provide 10 copies to the City Clerk with your speaker card.

The
City Council Agenda and Agenda Reports
are prepared by City staff and are available
for public review on Tuesday evening, six days prior to the City Council meeting in the Civic Center Library, 1188 South Livermore Avenue, Livermore, and at the City Clerk’s Office, 1052 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, http://LivermoreCA.gov/agenda
.

Livermore City Council Agenda
October 23, 2023

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

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

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

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

ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE

CONTACT THE ADA COORDINATOR AT
[email protected]
OR
CALL (925) 960-4170 (VOICE) OR (925) 960- 4104 (TDD) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE OF THE MEETING.

Livermore City Council Agenda
October 23, 2023

12 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1

DATE:

October 23, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

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

RECOMMENDED ACTION

Staff recommends the City Council accept the Livermore Human Services Commission annual update.

SUMMARY

DISCUSSION

ATTACHMENTS

Prepared by: Josh Thurman
Human Services Program Manager

DATE:

October 23, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Proclamation recognizing October as Domestic Violence Awareness Month presented to Tri-Valley Haven Executive Director, Christine Dillman.

RECOMMENDED ACTION

Staff recommends City Council recognize October as Domestic Violence Awareness Month and honor Tri-Valley Haven for their work.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation

Prepared by: Josh Thurman
Human Services Program Manager

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
14 15

CITY COUNCIL STAFF REPORT
ITEM NO. 5.1

DATE:

October 23, 2023
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Approval of draft minutes - September 25, 2023 Regular Meeting.

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. 2023-09-25 Draft Meeting Minutes

Prepared by: Marie Weber
Deputy City Manager/City Clerk

MINUTES
CI

TY COUNCIL
SEPTEMBER 25, 2023
________________________________________________________________ RE

GULAR MEETING
2 . CALL TO O RDER – T he meeting of the City Council was called to or der by Mayor John Marchand at 7:00 pm, held in perso n at 1016 S. Livermore Avenue and remotely using Zoom and YouTube.

RO
LL CALL – Present: Mayor John Marchand a nd Council Members Ben Barrientos and Robert W. Carling . Absent: Vice Mayor Brittni Kiick and Counc il Member Evan Branning.

EDGE OF ALLEGIANCE
3 . PROCLAMATIONS AND PRESENTATIONS
3 .1 Proclamation declarin g September 2023 as Youth Climate Action Month, presented to the Livermore Youth Climate Summit student planning team.

M
ayor Marchand presented a proclamation to the Livermore Youth Climate Summit student planning team d eclaring September 2023 at Youth Climate Action Month.
3 .2 Proclamation declaring October 1 - 7, 2023 as Water Professionals Appreciation Week presented to Water Resources Division Manager Anthony Smith.

M
ayor Marchand presented a proclam ation to City of Livermore Water Resources Division Manager Anthony Smith.
3 .3 Poet Laureate annual update, presented by City of Livermore Poet Laureate Peggy Schimmelman.

C
ity of Livermore Poet L aureate Peggy Sc himmelman p resented the annu al update.
3 .4 i- GATE update to City Council presented by Executive Director Yolanda Fintschenko.

I
-Gate Executive Director Yolanda Fintschenko presented the update.

ATTACHMENT 1
17 CM/75/2 Minutes SEPTEMBER 25, 2023

4. OPEN FORUM

Mayor Marchand opened the public comment period.

David McGuigan provided a comment.

Jennifer Lininger, Outreach Specialist, Veterans First Program, Las Positas College provided a comment.

Jason Gumataotao provided a comment.

Donna Cabanne provided a comment.

A speaker via Zoom provided a comment that some might find offensive and that was not clearly within the City Council’s subject matter jurisdiction.

City Council took a 5-minute break.

A speaker via Zoom provided a comment that some might find offensive and that was not clearly within the City Council’s subject matter jurisdiction.

The Mayor moved the remaining portion of Open Forum to be heard after Matters for Consideration.

5. C ONSENT CALENDAR

Item 5.3 Council Member Barrientos requested an update on affordable housing regarding I tem 5.3. Community De velopment Director Paul Spence provided an update.

Mayor Marchand opened the public comment period.

There were no speakers and the public comment period was closed.

ON THE MOTION OF COUNCIL MEMBER CARLING , S ECONDED BY COUNCIL MEMBER BARRIENTOS AND CARRIED ON A 3-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

5.1 Introduction of an Ordinance and waive the first reading, amending Section 1.04.010 Definitions and Rules of Construction in Title 1 General Provisions in the Livermore Municipal Code to define the Superintendent of Streets.

5.2 Resolution 2023-162 authorizing the City Manager to execute a first amendment to the agreement with ICF Jones and Stokes Inc, for the Livermore Habitat Conservation Plan, increasing the not -to- exceed agreement amount to $699,927.

ATTACHMENT 1
18 SEPTEMBER 25, 2023 Minutes CM/75/3

5.3 Resolution 2023-163 authorizing execution of a Low -Income For Sale Housing Agreement with Shea Homes, Inc. for an 89-u nit subdivision located in the Isabel Neighborhood Specific Plan Area, north- east of the Portola Avenue / Collier Canyon Road intersection (VTTM 8613).

5.4 Resolution 2023-164 authorizing the execution of an agreement with Western Roofing to replace the G reen House #3 roof at the Water Resources Plant (WRP) in an amount not -to-exceed $359,724 and authorizing an appropriation of $359,724 from the Water Resources Replacement F und (239) to fund the roof replacement.

5.5 Resolution 2023-165 authorizing execution of a three- year agreement with SNF Polydyne, Inc. for the supply of polymer chemicals used for the dewatering process at the Livermore Water Reclamation Plant (LWRP) in an amount not-to-exceed $1,111,000.

5.6 Resolution 2023-166 authorizing execution of a two -year grant agreement with i -GATE Development Corporation for entrepreneurial support and development activi ties for Fiscal Years 2023- 24 and 2024- 25 in the amo unt of $300,000 per year.

5.7 Resolution 2023-167 determining Tract 8613, Shea Portola Townhomes, located at the northeast corner of Portola Avenue and Collier Canyon Road, is annexed to the City of Livermore Community Facilities District No. 2023 -1 (Isabel Neighborhood Specific Plan Services).

5.8 Resolution 2023-168 approving modifications to the City of Livermore Salary Plan to reflect previously approved Association of Livermore Employees (ALE) labor agreement increase and an adjustment to the Risk Manager classification in accordance with California Code of Regulations, Title 2, Section 570.5.

5.9 Resolution 2023-169 authorizing a purchase order with Schwarze Industries Inc. in the amount of $822,824 with a financial contingency in an amount not-to-exceed ten percent (10%), for two replacement street sweepers.

5.10 Resolution 2023-170 authorizing the City Manager to execute a first amendment to the lease agreement with GTE Mobilnet of California Lim ited Partnership d/b/a Verizon Wireless to revise the location of leased pr emises on City's Property for placement of wireless equipment.

6. PUBLIC HEARINGS – NONE

7. MATTERS FOR CONSIDERATION - NONE

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIA TED BY CIT Y

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS

THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF ATTACHMENT 1
19 CM/75/4 Minutes SEPTEMBER 25, 2023

RECENTLY ATTENDED EVENTS AND MEETINGS IN ADDITION TO THE INFORMATION PROVIDED IN THE SUPPLEMENTAL PACKET. COUNCIL

MEMBERS WHO DID NOT PROVID E A S UMMARY IN THE SUPPLEMENTAL PACKET ARE INCLUDED BELOW.

Council Member Barr ientos stated he had to excuse himself from the meeting early and the City Clerk announced that per the City Council Rules of Procedure, due to lack of quorum, the meeting was adjourned.

9. ADJOURNMENT – at 8:08 pm due to loss of quorum to a R egular City Council Meeting on Monday, October 9, 2023 at 7:00 pm, Civic Center Meeting Hall, City Council Cham bers, 1016 S. Livermore Aven ue and virtually usi ng Zoom.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTE
ST:

MARIE WEBER, CITY CLERK
ATTACHMENT 1
20 CITY COUNCIL STAFF REPORT
ITEM NO. 5.2

DATE:

October 23, 2023
TO:

Honorable Mayor and City Council
FROM:

Judy Erlandson, Acting Public Works Director
SUBJECT:

Adopt an Ordinance
amending section 11.08.010 Definitions and section 11.08.080 Hangar Waiting Lists of Chapter 11.08 Airport Rules and Regulations of the Livermore Municipal Code.

RECOMMENDED ACTION

SUMMARY

DISCUSSION

ATTACHMENTS

1. Ordinance

2. Exhibit A - Hangar Waitlist Policy Ordinance

Prepared by: Benedict Stuth
Acting Airport Manager

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
21 IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE AMENDING SECTION 11.08.010 DEFINITIONS AND SECTION

11.08.080 HANGAR WAITING LISTS OF CHAPTER 11.08 AIRPORT RULES AND

REGULATIONS OF THE LIVERMORE MUNICIPAL CODE
The Livermore Airport Hangar Waitlist Policy (“Policy”) establishes procedures for managing hangar waitlists at the Livermore Municipal Airport.

The Policy is approved by the City of Livermore Airport Commission (“Airport Commission”) and may be amended from time to time.

In May 2020, the Livermore Airport began the process of updating the Policy to prioritize unmet essential air services (“Essential Air Services”) at the Airport. Prior to this time, the hangar waitlist was operated on a first come first served basis. As a result, if an Essential Air Service ceased utilizing hangar space for its operations and the first- in-line tenant for the vacated hangar did not provide Essential Air Services, there would be a gap in aviation services available to pilots at the Airport.

The Airport Commission approved the revised Policy on June 5, 2023. The revised Policy now permits prioritizing unmet Essential Air Services for certain vacant hangar space. This recent revision to the Policy necessitates an update to Sections 11.08.010 and 11.08.080 of the Livermore Municipal code to bring the City of Livermore’s hangar waiting list ordinance in line with the revised Policy.

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

Section 1. Amendment. Sections 11.08.010 and 11.08.080 of the Livermore Municipal Code are hereby amended as set forth in Exhibit A, attached hereto. In Exhibit A, the deletions are shown using a strikethrough, and the added language is shown with an underline, but the stricken language and the underlines themselves shall not be codified in the Municipal Code, which publication shall only reflect the final language.

Section 2. Environmental. The adoption of this ordinance is not a project as defined by the California Environmental Quality Act Guidelines Section 15378 and therefore, is not subject to environmental review.

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

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

Section 5. Effective date. This Ordinance shall take effect 30 days after its adoption.
22 The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on October 9, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

The ordinance was adopted at the regular meeting of the City Council held on October 23, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________________
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
Deputy City Manager/City Clerk Assistant City Attorney
Exhibit A – Amended Sections 11.08.010 (Definitions) and 11.08.080 (Hangar Waiting Lists) of Chapter 11.08 (Airport Rules and Regulations) of the Livermore Municipal Code
23 11.08.010 Definitions.

For the purposes of this chapter, the following definitions shall apply:
“Abandoned or unclaimed aircraft” means an aircraft that has not been utilized, flown or worked on for a period of 13 consecutive months when stored inside a hangar or on a tie-down, and/or has not been maintained in flyable condition. Abandoned or unclaimed aircraft are aircraft which do not appear to cause or constitute an imminent or immediate danger to the health or safety of persons using the airport. “Accident” means a collision or other contact between any part of an aircraft, vehicle, person, stationary object and/or other thing which results in property damage, personal injury, or death; or an entry into or emergence from a moving aircraft or vehicle by a person which results in personal injury or death to such person or some other person or which results in property damage.
“Aeronautical activity” means any activity that involves, makes possible, facilitates, is related to, assists in or is required for the operation of an aircraft or airport or which contributes to, or is required for, the safety of aircraft and/or airport operations.
“Affiliate” means any company that controls, or is controlled by, or is under common control with another company.
“Agreement,” “license” or “permit” means a written contract, executed by both parties and enforceable by law, between the City and an individual or entity granting a concession, transferring rights or interest in land and/or improvements, and/or otherwise authorizing and/or prohibiting the conduct of certain activities. Such agreement will recite the terms and conditions under which the activity will be conducted at the airport including, but not limited to, the term of the agreement, rents, fees, and charges to be paid by the individual or entity; and the rights and obligations of the respective parties. Examples include, but are not limited to, commercial aviation permits and hangar lease agreements.
“Air traffic control” means the service, control and authority established by FAA or contract tower personnel to promote the safe, orderly, and expeditious flow of air traffic. “Aircraft” means any contrivance now known or hereafter invented which is used or designed for navigation of or flight in air, except a parachute or other contrivance designed for such navigation but used primarily as

EXHIBIT A
24 safety equipment. This includes, but is not limited to, airplanes, airships, balloons, dirigibles, rockets, helicopters, gliders, gyrocopters, ground-effect machines, sailplanes, amphibians, ultralights, light sport and seaplanes.
“Aircraft maintenance” means the repair, maintenance, alteration, preservation, or inspection of aircraft including the replacement of parts and shall be considered either major repairs or minor repairs. “Major repairs” include major alterations to the airframe, powerplant, and propeller as defined in 14 CFR Part 43. “Minor repairs” include normal, routine annual inspection with attendant maintenance, repair, calibration, or adjustment of aircraft and their accessories.
“Aircraft operator” means a person who uses, causes to be used, or authorizes to be used an aircraft, with or without the right of legal control (as owner, lessee, or otherwise), for the purpose of air navigation including the piloting of aircraft, or on any part of the surface of the airport. “Airframe and powerplant mechanic” (or “A and P mechanic”) means a person who holds an aircraft mechanic certificate with both the airframe and powerplant ratings. This certification is issued by the Federal Aviation Administration (“FAA”) under the provisions of 14 CFR Part 65. “Airplane” means, more specifically, an engine-driven, fixed-wing aircraft heavier than air that is supported in flight by the dynamic reaction of the air against its wings. “Airport” means the Livermore municipal airport, located in the City of Livermore, state of California. “Airport Commission” means those persons appointed to that position by the City Council. “Airport manager” means the person appointed to this job classification by the City, or the City’s authorized representative.
“Airport operating area” or “AOA” means any area of the airport used or intended to be used for landing, taking off, or surface maneuvering of aircraft.
“Aviation-related activity” means any activity conducted on airport property that provides service and support to airport users. The following are examples of aviation-related activities; they include but are not limited to ground transportation, restaurants, auto parking lots, concessions, etc. “Based aircraft” means any aircraft assigned a reserved tie-down, shelter or hangar space for the majority of the calendar year, whether or not such assignment is made under a written lease with the City.

EXHIBIT A
25 “Commercial aviation permit” or “CAP” means the legal agreement between the airport and an individual or entity providing a commercial aeronautical activity which is consistent with the adopted minimum standards for commercial aeronautical activities and which grants permission to perform such activity on or from the airport property, whether directly or indirectly related to aviation activities or aeronautical activities, and with the intent to generate and/or secure earnings, income, compensation (including exchange or barter of goods and services), and/or profit, whether or not such objectives are accomplished. “Derelict aircraft or vehicle” means any vehicle, aircraft or other property which causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the persons using the airport or a significant portion thereof. “Essential Services” means those services that owners and operators of non-turbojet powered aircraft less than 12,500 lbs. maximum takeoff weight need to maintain airworthiness of such aircraft. At a minimum, these services shall include Avionics, Airframe and Powerplant Major Repair and Alteration performed by Federal Aviation Administration (FAA) certificated Repair Station(s).
“FAA” means the Federal Aviation Administration, which is the agency of the United States government that has the responsibility of promoting safety in the air.
“Fixed base operator” or “FBO” means a person, partnership, corporation, unincorporated association, their assignees or sub-lessees which perform a commercial aeronautical activity upon the airport pursuant to an agreement between the City and the individual or entity. “Fuel” means any substance (solid, liquid, or gaseous) used to operate any engine in aircraft, e.g., avgas, jet fuel, ethanol-free premium auto fuel, diesel, and biofuel. These fuels may also be used in vehicles or equipment, as appropriate and permitted.
“Fuel handling” means the transportation, delivering, fueling, or drainage of fuel or fuel waste products. “Hangar” means a fully enclosed, lockable storage space for one or more aircraft, further defined by size and purpose as follows:

1. Commercial hangar: These hangar units encompass no less than 10,000 square feet of floor and office space and are generally intended to be occupied by one or more FBOs.

2. Corporate hangar: These square or rectangular hangars encompass more than 3,600 square feet and are generally intended to house larger corporate or business-type single- and twin-engine aircraft.

EXHIBIT A
26 3. Executive hangar: These square or rectangular hangars encompass at least 2,500 square feet of floor space and are generally intended to house corporate or business-type single- and twin-engine airplanes.

4. Rectangular hangar: These hangar units encompass at least 1,800 square feet of floor space and are generally intended to accommodate large single- or twin-engine airplanes.

5. T-hangar: These hangar units are configured to accommodate an airplane’s “T” shape, encompass at least 900 square feet of floor space, and are generally intended to accommodate smaller single- and twin-engine airplanes. The T-hangars located at the end of each hangar building contain an additional half of the square footage of a T-hangar unit, and are referred to as “T-combo” units. “Hazardous materials” means any oil, petroleum products, flammable substances, explosives, radioactive materials, wastes, or substances or any other wastes, material or pollutants which pose a hazard to the health and safety of any person on or entering the airport property or which are classified as hazardous materials under applicable regulatory measures.
“Lessee” or “tenant” means an individual or entity that has entered into an agreement with the airport to occupy, use, and/or develop land and/or improvements and engage in aeronautical activities. “Long-term lease” means a ground lease with any initial term longer than five years. “Medium-term lease” means a facility lease with any initial term longer than 30 days but no more than five years.
“Minimum standards” means those guidelines, qualifications, standards, and criteria set forth as the minimum requirements to be met as a condition precedent to the right to engage in activities at the airport, adopted by the City Council by resolution and as may be amended from time to time. These are also referred to as the minimum standards for commercial aeronautical activities. “Movement areas” are those portions of the AOA that are under the control and jurisdiction of FAA air traffic control, primarily taxiways and runways.
“Operator” means an individual or entity that has entered into an agreement with the airport to engage in commercial aeronautical activities.
“Person” means an individual, firm, partnership, corporation, company, association, joint-stock association, or governmental entity.

EXHIBIT A
27 “Preventive maintenance” means simple or minor preservation operations and the replacement of small standard parts not involving complex assembly operations. “Regulatory measures” means federal, state, county, and city laws, codes, ordinances, policies, rules and regulations, all as may be in existence, hereafter enacted, and amended from time to time. “Rules and regulations” means the provisions contained in this title and adopted by ordinance by the City Council and which pertain to the use and operations of the airport. “Self-fueling” means the fueling of an aircraft by the owner of the aircraft with his or her own employees and using his or her own equipment.
“Special event” means a specific occasion so arranged or planned for a particular purpose that is in addition to or more than the permitted activities engaged in by an individual (including an operator, lessee or third parties) or entity at the airport pursuant to an agreement.
“Specialized aviation service operator” (or “SASO”) means a commercial operator engaged in providing a single aeronautical service, or a combination of aeronautical services, including but not limited to aircraft maintenance, avionics or instrument maintenance, aircraft rental and/or flight training, aircraft charter or aircraft management, aircraft sales, and/or aircraft storage, as permitted. A SASO is not permitted to engage in aeronautical activities involving the sale of aviation fuel. “SWPPP” means the current stormwater pollution and prevention program in place at the airport, as may be amended from time to time.
“Tie-down” means the area, paved or unpaved, suitable for parking and mooring of aircraft wherein suitable tie- down points have been located.
“Transient aircraft” means any aircraft which utilizes the airport for occasional temporary purposes, generally no longer than seven days, and which is based at another airport and is not assigned a reserved tie-down or hangar at the airport.
“Unmet Essential Services” means a condition that exists whenever aircraft owners and operators are not able to obtain Essential Services at the Livermore Airport. (Ord. 2085 § 1(A), 2019; Ord. 2065 § 1(A), 2018; Ord. 1916 § 1(5), 2010; Ord. 1905 § 1, 2010)

EXHIBIT A
28 11.

08.080 Hangar waiting lists.

A. The airport maintains three waiting lists, one for T-hangars and one each for small and large box hangars (e.g., rectangular, executive and corporate hangars). These lists are derived from a hangar application form which is available at the airport office or from the City’s website. The application must be completed by the applicant and submitted to the airport office along with a required deposit. The applicants’ names will be listed by date in chronological order with the earlier dates at the top of the list. When a T-hangar or small box hangar becomes available, the person on the top of that list will be contacted and offered that unit. After being contacted by staff, the person will have three five (5) business days to accept the unit for lease. If the person declines the unit because he or she does not currently own an aircraft, or is a tenant with one or more hangars and/or tie-downs not currently in compliance with lease terms or this chapter, he/she will remain on the top of the list as having “passed” until such time the tenant obtains an aircraft or is fully in compliance with the lease terms. After two passes the applicant will be moved to the bottom of the listUpon the second refusal, the applicant will be moved to the bottom of the appropriate list. Subsequent refusals will result in removal from the waiting list. Anyone removed from the waiting list may restore their name to the bottom of the list by contacting the Airport.

B. The policy for administering the largebox hangar waiting lists for rectangular, executive and corporate hangars reflects the City’s intention to use these hangars to store corporate or business-type aircraft and/or to accommodate entities seeking to conduct commercial aeronautical activities pursuant to the airport minimum standards and/or a Commercial Aviation Permit (CAP).

The policy statement on waiting list for large (box) hangars is available at the airport office or from the City’s website. Entities on the waiting list for box hangars will be first ordered on the intended use of hangar space with aeronautical use listed before those entities with intended non-aeronautical use of the hangar. When box hangars become available, if the Livermore Airport is in a condition of Unmet Essential Services, priority shall be first given to applicants that will provide Essential Services. Second priority will be given to applicants that either own an airworthy aircraft of a size that is too large to fit into a smaller hangar or who hold a current CAP that justifies the need for a box hangar to engage in the commercial activity. Third priority will be given to other aeronautical use, with leases only available month-to-month until a higher priority application is submitted.

NonFinally, non-aeronautical users can be listed for month-to-month lease of a box hangar until a higher priority application is submitted. Failure to obtain FAA approval and provide the needed Essential Services within a

EXHIBIT A
29 reasonable amount of time will result in lease termination, and reinstatement of Unmet Essential Services condition.

Otherwise, in normal times, box hangars will be offered to applicants with aircraft too large to fit in smaller hangars.

The applicants’ names will be listed by date in chronological order with the earlier dates at the top of the list. If the applicant person declines the unit because he or she does not currently own an aircraft or is a tenant with one or more hangars and/or tie-downs not currently in compliance with lease terms or this chapter, the applicant he/she will remain on the top of the list as having “passed” until such time the tenant obtains an aircraft or is fully in compliance with the lease terms. Upon the second refusal, the applicant will be moved to the bottom of the appropriate list. Subsequent refusals will result in removal from the waiting list. Anyone removed from the waiting list may restore their name to the bottom of the list by contacting the Airport. If at any time should hangar availability exceed demand and a vacant hangar become available, non-aeronautical use may be permitted under limited terms, including month to month terms at fair market commercial rates. The policy is approved by the Airport Commission and may be amended from time to time.

C. The number of corporate and executive hangars that an entity and its affiliates may lease at the airport is limited to three units in order to allow others the opportunity to use hangar space for aeronautical storage or service on the airport.

CD. Individuals on the list are responsible for keeping their contact information current at all times. If at any time an individual cannot be contacted at the address provided, that individual’s name will be removed from the list and their waiting list deposit forfeited. (Ord. 2082 § 1(G), 2019; Ord. 2065 § 1(A), 2018; Ord. 1916 § 1(7), 2010; Ord. 1905 § 1, 2010)

EXHIBIT A
30 CITY COUNCIL STAFF REPORT
ITEM NO. 5.3

DATE:

October 23, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Introduce an ordinance
and waive the first reading, adding Chapter 8.21 Summary Abatement of Graffiti to the Livermore Municipal Code.

RECOMMENDED ACTION

Staff recommends the City Council introduce an ordinance and waive the first reading, adding Chapter

8.21 Summary Abatement of Graffiti to the Livermore Municipal Code, with an effective date of January 1, 2024.

SUMMARY
It is the purpose and intent of the City Council, through the adoption of this chapter, to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement, including the application of graffiti on privately and publicly owned walls and structures.

This ordinance is intended to provide the tools for an immediate and balanced response to address the negative impacts of graffiti. The proposed ordinance establishes a reduced timeline for graffiti removal and the ability for the City of Livermore to abate graffiti when a timely response from property owners for removal has not been met.

DISCUSSION
Graffiti has become a pervasive issue that causes aesthetic degradation, blight, and public safety concerns. A well-structured and comprehensive graffiti ordinance can help maintain the visual appeal of the community, protect public and private property, and promote a sense of safety and security among residents.

To provide context, staff conducted research to compare how other neighboring jurisdictions respond to graffiti. The research showed that a varied response exists. For example: the response ranges from requiring abatement within 48 hours up to three weeks.

To guide staff efforts in writing an effective graffiti abatement ordinance, staff devised a trial model to 31 study the timeline and to determine a reasonable amount of time for property owners to abate. The pilot was conducted by Neighborhood Preservation staff and concluded that a 7-day period to abate provided property owners with a reasonable time to mobilize resources. The pilot program was very successful in garnering compliance within the 7-day period. The ordinance also provides discretion and flexibility for the Neighborhood Preservation officer to provide additional time to a property owner that shows a good faith effort to gain compliance.

Recognizing that property owners are themselves the victims of graffiti, the proposed 7-day timeframe strikes a balance between the importance of a prompt response to reduce the proliferation of graffiti and the needs of the property owner in having sufficient time to acquire materials and do the work or hire a contractor.

In addition to providing a reasonable timeline for property owners to abate, as a last resort, this ordinance grants the City of Livermore the authority to abate graffiti and an instrument to recover the cost when property owners do not respond promptly, which is necessary to prevent graffiti from persisting on public or private property. This helps maintain the overall appearance and safety of the community.

Furthermore, the ordinance includes a 48-hour window to request a hearing to provide property owners with an opportunity to dispute any actions taken by the City of Livermore, ensuring due process. This safeguards property owners' rights and provides a mechanism for resolving disputes.

FISCAL AND ADMINISTRATIVE IMPACTS

None

COMMUNITY PILLAR
1: A Safe Community that Thrives

GOAL
13: Focus enforcement (including Neighborhood Preservation) activities on community priorities

ATTACHMENTS

1. Ordinance

2. Exhibit A - LMC Chapter 8.21

Prepared by: Franc Moufarrej
Building Official

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE ADDING CHAPTER 8.21 SUMMARY ABATEMENT

OF GRAFFITI TO THE LIVERMORE MUNICIPAL CODE
Graffiti vandalism has become a prevalent issue within the City of Livermore (“City”), leading to blight, decreased property values, and a negative impact on the overall quality of life in the community. The City recognizes the need to address graffiti vandalism promptly and efficiently to maintain and enhance the aesthetic and economic value of the area and promote a sense of safety and security among the City’s residents.

It is necessary to establish a comprehensive and effective program to combat graffiti vandalism, which includes provisions for the removal of graffiti from public and private property; this ordinance is consistent with the principles of property rights, free expression, and due process, and its enforcement is intended to be fair and non- discriminatory.

This ordinance aims to encourage property owners to promptly remove graffiti from their property by offering guidance and assistance, while also providing a mechanism for the City of Livermore to act in cases of non-compliance to mitigate the negative impact of graffiti vandalism and ensure timely removal.

With this ordinance, the City Council seeks to create a cleaner, safer, and more attractive community for its residents, businesses, and visitors. The Summary Abatement of Graffiti ordinance will address the issue of graffiti vandalism and protect the interests of the community.

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

Section 1. Addition to the Code. Chapter 8.21 Summary Abatement of Graffiti is hereby added to the Livermore Municipal Code, as set forth in Exhibit A, attached hereto.

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

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

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

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

Section 6. Enforcement. Enforcement of the ordinance shall be stayed, and it shall not be enforced until January 1, 2024.
33 ORDINANCE NO. ________
The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on October 23, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

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

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCIL MEMBERS:

Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
/s/ Katherine Mirassou
Marie Weber Katherine Mirassou
Deputy City Manager/City Clerk Deputy City Attorney
Exhibit A - Ordinance
34 Chapter 8.21
Summary Abatement of Graffiti
S
ections:

8. 21.010 Purpose

8.21.020 Definitions

8.21.030 Prohibition of Graffiti

8.21.040 Abatement

8.21.050 Request for Administrative Hearing

8.21.060 Abatement Costs

8. 21.010 Purpose
A. T
he purpose of this chapter is to provide a program and enforcement tools, in addition to those already provided by state law, to remove graffiti from walls and structures on both public and private property and to prevent and control the further spread of graffiti in the City. The increase of graffiti on both public and private buildings, structures and places is creating blight within the City which results in deterioration of property and business values for adjacent and surrounding properties, all to the detriment of the City.

B. I
n order to prevent graffiti and to provide an immediate and practical method of combating the effects of graffiti vandalism on public and privately owned structures and real property, the City Council hereby finds that graffiti is a nuisance because it is detrimental to property values, degrades the community, encourages additional crime, is inconsistent with the City’s property maintenance goals and aesthetic standards, is an obnoxious nuisance, and unless it is quickly removed from public and private property, results in other properties becoming the target of graffiti.

C. T
he City Council declares its intent, through the adoption of this chapter, to give notice to all who disregard the property rights of others that the City will enforce all laws prohibiting graffiti, including but not limited to Sections 594, 594.1, 640.5 of the California Penal Code, Section 13202.6 of the California Vehicle Code, and the provisions of this chapter.

8. 21.020 Definitions
As us
ed in this chapter, the terms set forth below are defined as follows:
“
Graffiti” means vandalism consisting of defacing, tagging, marring, inscribing, etching, scratching, painting, pasting, or affixing of other markings on buildings, improvements, fixtures, or structures, including, but not limited to, walls, fences, signs, retaining walls, driveways, sidewalks, pavement, curbs, curbstones, street lamp posts, hydrants, trees, electric light or power or telephone or telegraph or trolley wire poles, fire alarms,

EXHIBIT A
35 drinking fountains, vehicles, statues and sculptures, newspaper stands, or garbage receptacles without the prior consent of the owner of the property on which the surface is located, regardless of the nature of the material. “Graffiti” does not refer to any particular style of writing or art and does not include:

1. Any sign or banner that is authorized by, and in compliance with, the applicable requirements of this code;

2. Any mural or other painting or marking on the property that is protected as a work of fine art under the California Art Preservation Act (California Civil Code Sections 987 et seq.) or as a work of visual art under the federal Visual Artists Rights Act of 1990 (17 U.S.C. Sections 101 et seq.); or

3. Any art work consented to in advance by the property owner.

“Owner” and “property owner” means the person identified in the last equalized assessment roll prepared by the Alameda County assessor, or in the records maintained by the Alameda County recorder, whichever is most current.

“Responsible party” means any owner; property owner; person leasing, renting or occupying property; and any person having charge, control, or possession of any property, as well as any other person, that causes, creates, permits, maintains, tolerates, or allows any public nuisance activity or condition to be created or exist.

“Removal” means to repair, replace, remove, cover, or otherwise eliminate the graffiti by such means and in such manner and to such an extent that the graffiti is no longer visible, without creating an unsightly condition on affected surface.

“Cover” means to apply over the graffiti graffiti-resistant products that substantially match the original surface, color, and texture.

8.21.030 Prohibition of Graffiti

A. It is unlawful for any person to apply graffiti upon any property within the City.

B. It is unlawful for any person owning, leasing, renting, occupying, managing, or having charge or possession of any property in the City to maintain or allow to be maintained, graffiti on such property if the graffiti, or any portion of it, is visible to the public from a public or private street, sidewalk or from other properties, public or private.

8.21.040 Abatement

Graffiti shall be abated as follows:

A. W
henever an enforcement officer charged with the enforcement of this chapter determines that graffiti exists, the enforcement officer shall notify a responsible party of

EXHIBIT A
36 the existence of graffiti and shall direct such party to abate the graffiti by issuing a notice and order to abate.

B. Contents of a Notice and Order to Abate Graffiti. The notice and order to abate shall contain the following information:

1. The responsible party and the property owner of the location where the graffiti exists, and the street address, legal description, or other description of the property where the graffiti exists.

2. A description and location of the graffiti.

3. A statement directing the responsible party and property owner to abate the graffiti within 7 calendar days from the date the notice and order to abate is posted.

4. A statement that all responsible parties shall be jointly and severally responsible for the administrative charge and all costs and expenses to abate the graffiti that are incurred by the City from the date that the notice and order to abate is posted.

5. A statement that within 48 hours of the notice and order to abate posting the responsible party may request an administrative hearing with the Community Development Department to contest the notice and to show cause why the activity or condition should not be abated or why the administrative charge should not be assessed.

6. A statement that if the responsible party does not request a hearing within 48 hours of the notice posting or abate the graffiti within 7 calendar days of notice and order posting, the City will take action to abate the graffiti including entering the subject property where the graffiti exists, and that the total costs and expenses to abate the graffiti incurred by the City will also become a charge against the owner and a lien or special assessment against the property until paid.

7. A statement that failure to file a timely and complete request for an administrative hearing shall constitute a waiver of all rights to a hearing and a waiver of all rights to maintain an action to modify or set aside an enforcement officer's notice and order to abate, and any City abatement action.

C. Manner of Giving Notice.

1. The notice and order to abate shall be posted in a conspicuous place upon the subject property. Notice is deemed complete at the time the notice and order to abate is posted on the subject property.

2. The failure of the responsible party or owner to receive any notice required by this chapter shall not affect the validity of proceedings under this chapter.

D. Abat
ement by City . A responsible party may and should, at their own expense, abate the graffiti. If a responsible party does not abate the graffiti, then the City may abate the nuisance graffiti as set forth in LMC 8.15.140.

EXHIBIT A
37 8.21.050 Request for Administrative Hearing
A. Within 48 hours of the time of posting the notice, the responsible party or property owner may submit a request, by email or in writing, with the Community Development Department for an administrative hearing to contest the notice and to show cause why the activity or condition should not be abated or why the administrative charge should not be assessed.

B. A request for an administrative hearing must contain the information required under LMC 8.15.090 subsection B.

C. Failure to file a timely and complete request for an administrative hearing shall constitute a waiver of all rights to a hearing and a waiver of all rights to maintain an action to modify or set aside an enforcement officer's notice and order to abate, and any City abatement action.

D. Appointment and Scheduling. Upon receipt of a timely and complete request for an administrative hearing, the Community Development Director, or his or her designee, will appoint a hearing officer within 48 hours or two business days. A hearing shall be scheduled within 10 business days after the appeal request was received, or such later date as mutually agreed to by the parties.

E. Administrative Hearing Costs. The responsible party is not required to pay the cost for the administrative hearing in advance of the hearing, but if the hearing officer upholds the notice and order to abate, or any part thereof, then the administrative hearing costs will be added to the costs and expenses to abate the graffiti to be collected or assessed as a lien.

F. Decision and Order. At the conclusion of the administrative hearing, unless extended by mutual agreement of the parties, the hearing officer shall issue a verbal decision at conclusion of the hearing and a written decision and order within 5 calendar days to uphold, modify, or set aside the notice and order to abate, or any portions thereof, as well as any other items consolidated in the hearing. The written decision shall state the reasons for the decision, including the hearing officer's factual findings and conclusions.

8.21.060 Abatement Costs
A. Administrative Charge. If a notice and order to abate is issued, the person engaged in the nuisance activity, and the property owner and responsible party for the property nuisance, shall be assessed an administrative charge pursuant to LMC 8.15.080.

B. Abatement Costs. As set forth in LMC 8.15.150, each and every responsible party is liable to the City for the costs and expenses to abate the nuisance graffiti that are incurred by the City and accrue from the date delivery of the notice and order to abate is deemed complete.

C. Collection of Unpaid Costs and Expenses to Abate the Nuisance. The City may pursue any and all legal and equitable remedies to collect the administrative charge

EXHIBIT A
38 and all other costs and expenses to abate the nuisance that are owed to the City, pursuant to LMC 8.15.160.

D. City Council Confirmation Hearing for Lien. As set forth in LMC 8.15.170, if a graffiti nuisance is abated by the City pursuant to LMC 8.15.140, the enforcement officer may present the statement of the costs and expenses to abate the nuisance to the City Council for confirmation at a public hearing at a regular City Council meeting. At that public hearing, the City Council shall also determine whether to impose a nuisance abatement lien or special assessment on the subject property owned by the responsible party pursuant to either LMC 8.15.180 or 8.15.190, respectively, for those costs and expenses.

Additionally, the City may enforce LMC 8.15.200, LMC 8.15.210, LMC 8.15.220, LMC

8.15.230, LMC 8.15.240 and LMC 8.15.250 as applicable.

EXHIBIT A
39 CITY COUNCIL STAFF REPORT
ITEM NO. 5.4

DATE:

October 23, 2023
TO:

Honorable Mayor and City Council
FROM:

Jason Alcala, City Attorney
SUBJECT:

Introduce an omnibus ordinance
and waive the first reading to adopt modifications to
the Livermore Municipal Code and the Livermore Development Code.

RECOMMENDED ACTION

SUMMARY
Staff proposes an omnibus ordinance to make several minor changes to the Livermore Municipal Code and Livermore Development Code (collectively “Livermore Municipal Code” since it is technically part of the Municipal Code). These changes generally bring current out-of-date code references, reconcile codes with other ordinances adopted by the City, correct internal references to other ordinances, update codes to ensure compliance with current state law, and to clarify terms and regulations identified through application of the ordinances in practice. Additionally, the omnibus ordinance provides an opportunity to update and clarify the Livermore Municipal Code to reflect current practices.

DISCUSSION
An omnibus ordinance is a consolidation of changes on one substantive matter, or as in this case, a consolidation of changes on several minor matters. These items are compiled by staff and combined into one ordinance for the sake of convenience and efficiency. Rather than adopting several ordinances to cover each individual section change to the code, an omnibus allows for the adoption of a single ordinance to make several changes to different sections. An omnibus is advantageous when considering matters that do not ordinarily require lengthy deliberations or are non-substantive. The City annually considers an omnibus ordinance in order to keep the Livermore Municipal Code up to date, accurate and reflective of City practices. This omnibus ordinance is a consolidation of changes spanning multiple chapters and sections of the Municipal Code, as described in the accompanying ordinance.

40 In brief, the proposed amendments are as follows:

1. Municipal Code
Section 3.27.040.A
Clarify process to make modifications to the transferable development credit program through the adoption of specific plans and implemented by development agreement consistent with the transferable development credit program. This amendment reconciles the ordinance with the Isabel Neighborhood Specific Plan.

Section 9.40.010
Grammatical correction.

Section 9.40.070
Clarification the recovery costs are limited to enforcement and compliance Section 8.08.020
Deleting outdated language to reflect changes by prior ordinance.

2. Development Code
Multiple sections
Correct internal reference from “Chapter 9.16
Appeals
” to “Chapter 15
Appeals.
”
Multiple sections
Change “secondary dwelling unit” to “accessory dwelling unit, which is the term defined in the Development Code.

Multiple sections
Clarify that the building types in the T3 and T4 neighborhood standards are only permitted as allowed by the use tables for those areas.

Section 3.02.080.B.2
Reconcile the standard for T4 neighborhoods with the standard for T3 neighborhoods.

Multiple sections
Clarify open space considerations for T3 and T4 neighborhoods.

Section 4.02.060.D
Clarify process to make modifications to the transferable development credit program through the adoption of specific plans and implemented by development agreement consistent with the transferable development credit program. This amendment reconciles the ordinance with the Isabel Neighborhood Specific Plan.

Section 4.05.040.A.1.a.
(3)
Clarifying line-of-sight standard for fences.

Section 4.06.140.B.3
Deleting outdated language to reflect changes by prior ordinance.

Section 5.01.030
Adding language to reflect an exception to accommodate the State’s requirement for accessory dwelling units.

Multiple Sections
Clarifying that 15% of an industrial use's floor area can be used for related but ancillary commercial retail purposes.

ENVIRONMENTAL DETERMINATION

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

FISCAL AND ADMINISTRATIVE IMPACTS

The approval of this item does not have any fiscal or administrative impacts other than resources needed o implement the code changes and the increased efficiency achieved from clarifying the codes.

COMMUNITY PILLAR
5: A City that Works

41 GOAL
15: Uphold the integrity of Livermore's Municipal Code, Development Code, and regulations

ATTACHMENTS

1. Ordinance

Prepared by: Jason Alcala

City Attorney

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

AN OMNIBUS ORDINANCE ADOPTING MODIFICATIONS TO THE LIVERMORE

MUNICIPAL CODE AND LIVERMORE DEVELOPMENT CODE TO UPDATE

REFERENCES, STRIKE OUTDATED TERMS, ADD ADDITIONAL REFERENCES,

CLARIFY EXISTING PROVISIONS, AND TO MAKE ADDITIONAL TECHNICAL OR

NONSUBSTANTIVE CORRECTIONS

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

Section 1. Purpose. This omnibus ordinance makes several changes to the Livermore Municipal Code and the Livermore Development Code to bring current out-of- date code references, reconcile codes with other ordinances adopted by the City of Livermore, correct internal references to other ordinances, update codes to ensure compliance with current state law, and to clarify terms and regulations identified through application of the ordinances in practice.

Section 2. Instruction to Publisher. The code amendments made by this ordinance are reflected as follows: Deletions are reflected in this ordinance using a strikethrough, and new language is underlined. However, language with a strikethrough, and the underlines, will not be codified. The codification of this ordinance will only reflect the final language.

Section 3. Amendment – Municipal Code. The Livermore Municipal Code is hereby amended as follows:

A. Subsection D in Section 9.40.010 Definitions is hereby amended to read as follows to change the word “or” to “of” so that it reads as follows:
“Strictly liable” means liability for a wrongful act irrespective or of such person’s intent, knowledge, negligence or lack thereof in committing the wrongful act.

B. Section 9.40.070 Violation - Penalty is hereby amended to clarify the administrative fines costs for recovery are limited to those resources expended for enforcement and compliance:

Persons violating this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed $500.00.

In lieu of criminal penalties, violations may also be handled administratively pursuant to Chapter 1.20. Administrative penalties may include administrative fines and recovery costs related to for staff time and city resources expended to enforce this ordinance and obtain compliance.

C. Section 8.08.020 Definitions is hereby amended to read as follows to delete the definition for the term “regulated project” which only related to the former 43 ORDINANCE NO. ________
permitted hauler system that expired and that was previously deleted from the Municipal Code by Ordinance 2082:
“Regulated project” means a construction or renovation project valued at $300,000 or more, or a demolition project valued at $40,000 or more.

Section 4. Amendments – Development Code. The Livermore Development Code is hereby amended to read as follows to correct internal references from “Chapter

9.16 Appeals” to “Chapter 9.15Appeals”:

A. Section 10.02.080 Effective Date of Tentative Map Approval is hereby amended to read as follows:

The approval of a tentative map shall become effective for the purposes of filing a parcel or final map, including compliance with the conditions of approval, on the 10th day following the date of decision by the Commission, if no appeal is filed in compliance with Chapter 9.16 9.15 (Appeals).

B. Subsection 10.02.100.E.2.d is hereby amended to read as follows:

If the extension is denied, the subdivider may appeal that denial within 15 days after the denial, in compliance with Chapter 9.16 9.15 (Appeals).

C. Subsection 10.02.110.G Appeal of Decision is hereby amended to read as follows:

If the tentative map extension request is denied, the subdivider may appeal the denial within 10 days after the effective date of the denial of the extension in compliance with Chapter 9.16 9.15 (Appeals).

D. Subsection 10.04.030.B.3.b.(1) is hereby amended to read as follows:

Appealing the decision to the Commission in compliance with Chapter 9.16

9.15 (Appeals); or
E. The first paragraph in Subsection 10.04.040.E.2 is hereby amended to read as follows:

If the parcels have merged, the City Engineer shall file a notice of merger with the County Recorder within 30 days following the date of the hearing, unless the determination has been appealed in compliance with Subparagraph 3., below, and Chapter 9.16 9.15 (Appeals) F. The first paragraph in Subsection 10.04.040.E.3 is hereby amended to read as follows:

If the owner(s) requested a hearing, the determination of the Commission may be appealed to the Council within 10 days following the date of mailing 44 ORDINANCE NO. ________
the notice of determination by filing a written appeal with the City Clerk, in compliance with Chapter 9.16 9.15 (Appeals).

Section 5. Amendments – Development Code. The Livermore Development Code is hereby amended as follows to replace the term “secondary dwelling unit” with the term “accessory dwelling unit” which is the defined term in the Development Code, and the publisher is instructed to change the title page for Chapter 6.03 Applicable to Non- Transect Zones Only to correctly reflect that Section 6.03.120 is labeled “Accessory Dwelling Units” and not “Secondary Dwelling Units”:

A. Subsection 4.02.010.D is hereby amended to read as follows:

One secondary dwelling unit accessory dwelling unit per lot may be permitted in the City’s single-family residential zoning districts including Planned Unit Developments and Planned Development – Residential districts, subject to the requirements set forth in Section 6.03.120 (Secondary Dwelling Units Accessory Dwelling Units).

B. Subsection 4.02.030.B.1 is hereby amended to read as follows:

Detached secondary dwelling units accessory dwelling units that conform to the regulations of Section 6.03.120 (Secondary Dwelling Units Accessory Dwelling Units).

C. Subsection 4.02.030.C.5.b is hereby amended to read as follows:

Use of an accessory building as a dwelling unit, sleeping quarters, or a housekeeping unit is prohibited, unless permitted as an approved secondary dwelling unit accessory dwelling unit, subject to the provisions of Section 6.03.120 (Secondary Dwelling Units Accessory Dwelling Units).

D. Subsection 4.02.030.C.5.d is hereby amended to read as follows:

A kitchen is prohibited in an enclosed accessory structure, unless permitted in an approved secondary dwelling unit accessory dwelling unit, subject to the provisions of Section 6.03.120.

Section 6. Amendments – Development Code. The Livermore Development Code is hereby amended as follows:

A. Subsection B Allowed Building Types in Section 3.02.070 T3 Neighborhood (T3N) Standards is hereby amended to add footnote 3 to the heading and bottom of the table as follows:

Heading amendment:

Allowed Building Types 1, 3
45 ORDINANCE NO. ________
Footnote amendment added at the bottom of table:

3. See Section H for allowed land uses. Building Types only permitted if allowed in the T3N use table.

B. Subsection B Allowed Building Types in Section 3.02.080 T4 Neighborhood (T4N) Standards is hereby amended to add footnote 3 to the heading and bottom of the table as follows:

Heading amendment:

Allowed Building Types 1, 3
Footnote amended to the bottom of table:

3. See Section I for allowed land uses. Building Types only permitted if allowed in the T4N use table.

C. Footnote 2 in Subsection B Allowed Building Types in Section 3.02.080 T4 Neighborhood (T4N) Standards is hereby amended to read as follows:

Permitted only if already legally existing at time of adoption, 05/01/10 on parcels with an underlying General Plan land use designation of Urban High (UH).

D. Subsection C Building Placement in Section 3.02.070 T3 Neighborhood (T3N) Standards is hereby amended to add the following language regarding open space at the bottom of that subsection to read as follows:

Open Space
See Development Code Parge 5 (Building Types) for required open space standards.

E. Subsection C Building Placement in Section 3.02.080 T4 Neighborhood (T4N) Standards is hereby amended to add the following regarding open space at the bottom of the section to read as follows:

Open Space
See Development Code Parge 5 (Building Types) for required open space standards.

F. Subsection 4.05.040.A.1.a.(3) is hereby amended to add subsection (d) to read as follows:
(d) Such fence does not occur within a vehicular site line as shown in Figure

4.3. 46
ORDINANCE NO. ________
G. Subsection 4.06.140.B.3 is hereby deleted since commercial temporary signs that are no longer permitted in the public right of way pursuant to Ordinance 2141:

A commercial temporary sign (including garage sale signs and real estate signs) may be placed in the designated public right-of-way, but not the street, street median, or sidewalk, subject to the following: a. Signs must relate to an activity permitted within a residential zoning district; b. Signs are only allowed on Thursdays, Saturdays and Sundays; c. Signs are limited to four square feet; d. Only one sign per each advertised activity (e.g., a house for sale, etc.) may be placed at each street intersection leading from the two nearest major streets (reflecting two independent access routes) to the site of the advertised activity; e. Only one sign per each advertised activity, up to a maximum of three signs total, may be placed at any street intersection corner; and f. The sign must be placed so that a minimum of four and one- half feet remains clear on the sidewalk for pedestrians if no other location is possible.

H. The miscellaneous note at the bottom of Subsection F Building Size and Massing in Section 5.01.030 is hereby amended to read as follows:

Carriage house units that are used as accessory dwelling units shall comply with the standards contained in Section 6.03.120, Accessory Dwelling Units. No standards listed in this section shall prohibit the construction of an 800 sf or less accessory dwelling unit.

Section 7. Amendments – Municipal Code and Development Code. The Livermore Municipal Code and the Livermore Development Code are hereby amended as follows to reflect and implement the provisions in the Isabel Neighborhood Specific Plan that was previously approved by the City Council regarding the application of the Transfer Development Credit program:

A. Subsection A Applicability in Section 3.27.040 Applicability – Exemptions in Chapter 3.27 Transferable Development Credits In-Lieu Fee in the Livermore Municipal Code is hereby amended to read as follows:

A. Applicability. This chapter applies to each residential development in the City located on a TDC receiving area that elects to exceed the baseline density identified in the 2003 general plan, provided however that the City Council may, through adoption of a specific plan and implemented consistently by development agreement, make modifications to the transferable development credits regulations to meet the specific plan’s density, design policies, and goals that are not inconsistent with the transferable development credit program established in Livermore Development Code section 4.02.060.

B. Subsection D TDC Requirements in Section 4.02.060 Transferable 47 ORDINANCE NO. ________
Development Credits Regulations in the Livermore Development Code is hereby amended to add Subsection 4 to read as follows:

4. The City Council may, through adoption of a specific plan and implemented consistently by development agreement, make modifications to the transferable development credits regulations to meet the specific plan’s density, design policies, and goals that are not inconsistent with the transferable development credit program.

Section 8. Amendments – Development Code. The following definitions for manufacturing/processing in Livermore Development Code Section 11.01.020 Definitions of Specialized Terms and Phrases are hereby amended to read as follows to account for ancillary commercial retail purposes related to the primary uses:

A. The definition for “manufacturing/processing – heavy industrial” is hereby amended to read as follows:

Manufacturing/processing - heavy industrial. Uses in this category are distinguished by a tendency to create noise, odors, vibration, glare or hazards that may be objectionable in other areas. They often include the warehousing and distribution, manufacturing/processing and/or outdoor storage of substantial amounts of raw materials or bulky items. Examples include, but are not limited to, metal products fabrication, truck terminals, saw and planing mills, and the manufacture or distribution of major utility components, construction and farm equipment, and/or heavy building materials. Examples also include the manufacturing, processing, storage, or packaging for distribution, or wholesaling of chemicals, petroleum, heavy agricultural products such as pesticides or fertilizers or other similar hazardous materials. Up to 15% of a use’s floor area may be used for commercial retail purposes, selling products produced, manufactured or stored on site, as long as the commercial retail is clearly ancillary and subordinate to the primary use.

B. The definition for “manufacturing/processing – light industrial intensity” is hereby amended to read as follows:

Manufacturing/processing - light industrial intensity. The manufacturing, assembling, processing, storage or packaging of products except: 1) uses manufacturing, processing, storage or packaging chemicals, petroleum, and heavy agricultural products or other hazardous materials, 2) vehicle- dismantling yards, scrap and waste yards.

Light intensity manufacturing and processing includes:

1. The manufacturing of electric and electronic circuits and instruments and devices, such as, but not limited to, radio and television, phonographic equipment, calculators, computers, semi-conductors and transistors, and similar uses.
48 ORDINANCE NO. ________

2. The manufacturing, assembly, processing, storage, or packaging of products from previously prepared materials such as, but not limited to, cloth, plastic, paper, leather, and precious or semi-precious metals or stones, but not including such operations as saw and planing mills, any manufacturing uses involving primary production of wood, metal or chemical products from raw materials and similar uses.

3. The manufacturing of pharmaceutical products.

Up to 15% of a use’s floor area may be used for commercial retail purposes, selling products produced, manufactured or stored on site, as long as the commercial retail is clearly ancillary and subordinate to the primary use.

C. The definition for “manufacturing/processing – medium industrial” is hereby amended to read as follows:

Manufacturing/processing - medium industrial. Any manufacturing, storage, and distribution that does not include hazardous wastes or resulting large truck usage/ parking on the site. The use shall be accomplished entirely inside of the building except for incidental movement of products or materials into and out of the building to a delivery vehicle. Size of an individual light distribution business shall generally be limited to 4,000 square feet of storage (warehouse) area and one truck delivery door. Up to 15% of a use’s floor area may be used for commercial retail purposes, selling products produced, manufactured or stored on site, as long as the commercial retail is clearly ancillary and subordinate to the primary use.

Section 9. Environmental. The passage of this ordinance is not a project according to the definition in the California Environmental Quality Act and, therefore, is not subject to the provisions requiring environmental review.

Section 10. Severability . If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.

Section 11. Publication. This ordinance shall be published once in a newspaper of general circulation of the city of Livermore within fifteen days after its adoption.

Section 12. Effective date. This ordinance shall take effect 30 days after its adoption.
49 ORDINANCE NO. ________
The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on October 23, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________________

MAYOR, CITY OF LIVERMORE

ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Jason R. Alcala
Marie Weber Jason R. Alcala
Deputy City Manager/City Clerk City Attorney
50 CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

October 23, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing supplemental appropriations in the amount of $535,000 to Fiscal Year 2023-24 and $250,000 to Fiscal Year 2024-25 and awarding and authorizing execution of an agreement with Redgwick Construction Company, in an amount not-to- exceed $1,849,844, for construction of the Railroad Avenue Street Improvements Project No. 2021-16.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution for the Railroad Avenue Street Improvements Project 2021-16:
1 .

Authorizing a supplemental appropriation of Sewer Replacement Fund (Fund 239) in the amount of $115,000 to FY 2023-24;
2 .

Authorizing supplemental appropriations of Gas Taxes (Fund 650) in the amount of $210,000 to FY 2023-24 and $125,000 to FY 2024-25;
3 .

Authorizing supplemental appropriations of Gas Tax-SB1 (Fund 651) in the amount of $210,000 to FY 2023-24 and $125,000 to FY 2024-25;
4 .

Awarding a construction contract to Redgwick Construction Company, in an amount not-to-exceed $1,849,844, and authorizing the City Manager to sign the agreement; 5 .

Rejecting all other bids or proposals; and
6 .

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

SUMMARY
The Railroad Avenue Street Improvements Project includes a number of improvements on Railroad Avenue between K Street and the entrance to the Livermore Valley Center Parking Garage. These improvements are required to support Downtown Specific Plan development. Improvements will widen the street, extend turn lanes, replace the sewer, install crosswalks, modify traffic signals, upgrade ramps, add landscaping to medians, and resurface and restripe the roadway. Six bids for the project were received on August 15, 2023. Redgwick Construction Company is the lowest responsible and responsive 51 bidder. Funding in the amount of $785,000 needs to be appropriated to Fiscal Years 2023-24 and 2024- 25 to fully fund construction of the Railroad Avenue Street Improvements.

DISCUSSION
The Downtown Specific Plan calls for roadway improvements and enhanced pedestrian access along Railroad Avenue to accommodate the approved development within the Downtown Specific Plan area.

The Railroad Avenue Street Improvements Project will incorporate these improvements.

The improvements include the following:

Widen the south side of Railroad Avenue from Livermore Avenue to the Bankhead Theater including the relocation of existing utilities, sidewalk, curb, and gutter. This will allow the eastbound left turn pocket to be extended into the Livermore Valley Center Parking Garage to accommodate additional vehicles using the expanded garage. More vehicles will use the expanded garage when the downtown hotel is constructed and replaces the surface parking south of Railroad Avenue. The median will have new landscaping added to enhance the look and feel of the roadway.

Update the ADA ramps at the intersection of Railroad Avenue and Livermore Avenue to make them compliant with current ADA requirements.

Modify the existing median along Railroad Avenue west of Livermore Avenue to extend the eastbound left turn pocket for northbound Livermore Avenue traffic and update the existing landscape within the median. This turn pocket is currently undersized.

Modify the existing signals at the intersection of Livermore Avenue and Railroad Avenue to accommodate the widening of the east bound direction of Railroad Avenue and provide updated camera and pedestrian crossing equipment to provide enhanced traffic circulation and safe pedestrian crossing.

Modify the existing signals at the Livermore Valley Center Parking Garage entry with new cameras and pedestrian crossing equipment to provide safer pedestrian crossing at the intersection and provide enhanced traffic circulation into and out of the garage.

Install a new enhanced crosswalk at K Street and install a new crosswalk across Railroad Avenue from K Street with a rectangular rapid flashing beacon to provide safe pedestrian crossing from the City leased public parking area located at the southwest corner of K and Railroad Avenue to the Livermore Village site adjacent to Stockmen’s Park.

Install a new paved ADA accessible path from the Railroad/K Street sidewalk to Stockmen’s Park.

Replace an existing 6-inch sanitary sewer main with an 8-inch sanitary sewer main between I Street and South Livermore Avenue to eliminate existing deficiencies with the existing 6-inch sewer main.

Resurface and restripe the roadway to restore the roadway to a new condition.

On August 15, 2023, six bids were received and opened for this project. The lowest responsible and responsive bidder is Redgwick Construction Company from Oakland California. Redgwick Construction completed Isabel Avenue Route 84 roadway improvements in June of 2020 for Caltrans and has performed projects similar to the Railroad Avenue Street Improvements Project for cities such as San Jose, Palo Alto, and Half Moon Bay. Staff checked references for Redgwick Construction Company and has found them satisfactory.

The following is a list of the base bids received and the Engineer's Estimate for the base bid:

Railroad Avenue Street Improvements Project 2021-16 – Bid Results 52 Contractor
Location
Bid Amount
Redgwick Construction Company
Oakland, CA
$1,849,844
Gilotti Construction Company
Santa Rosa, CA
$1,913,384
Golden Bay Construction
Hayward, CA
$2,013,578
Ray's Electric
Oakland, CA
$2,188,402
FBD Vanguard Construction, Inc.

Livermore, CA
$2,299,848
McGuire and Hester
Alameda, CA
$2,340,042
Engineers Estimate

$1,151,348

The lowest bid is 60% higher than the estimate. Staff evaluated the bids to determine (1) whether lower bids can be obtained if the project is rebid and (2) can certain elements be removed from the project and substantially reduce costs.

Six bids from reputable contractors were received which means there was good activity during the bid period and contractors knew they had to provide a competitive price in order to win the job. Additionally, the range in the prices was tight. The high bid was only 27% more than the low bid. This indicates that the bid documents were clear, and the contractors all priced the job similarly. It appears the bid prices reflect the actual current competitive costs to complete this work. If the project is rebid, it is likely that some of the contractors will not spend the effort to rebid knowing that the City rejected all of the initial bids. This will likely result in fewer bidders and higher prices. Additionally, prices have been consistently increasing with time so bids will likely be higher in the future. Staff, therefore, does not expect that lower bids will be received if the project is rebid.

All of the unit bid prices were compared with the cost estimates. The cost differences are spread out over all of the bid items. There aren’t specific items that can be removed to eliminate the cost difference and still provide a project that meets the objectives.

Based on these improvements being essential for traffic and pedestrian circulation as well as safety, staff recommends that necessary funds be appropriated to fully fund the project and that the construction contract be awarded to the lowest responsible and responsive bidder. Staff will update unit bid estimates for future street improvement projects based on the bids received for this project.

FISCAL AND ADMINISTRATIVE IMPACTS
Funding for the Railroad Avenue Street Improvements Project 2021-16 is included in the 2023-2028 Capital Improvement Plan. Supplemental appropriations listed below that total $535,000 in Fiscal Year 2023-24 and $250,000 in Fiscal Year 2024-25 are required to fully fund this construction contract, change orders, engineering design support during construction, construction management, material testing, inspection, and administration.

The following supplemental appropriations are required to fully fund the project:

1 .
$115,000 in Sewer Replacement Fund (Fund 239) to FY 2023-24; 2 .
$210,000 in Gas Taxes (Fund 650) to FY 2023-24;
3 .
$125,000 in Gas Taxes (Fund 650) to FY 2024-25;
4 .
$210,000 in Gas Tax-SB1 (Fund 651) to FY 2023-24; and
5 .
$125,000 in Gas Tax-SB1 (Fund 651) to FY 2024-25.
53 The revised budget for this project is summarized in the table below.

Railroad Avenue Street Improvements Project 2021-16 - Revised Budget Fund No.

Fund Name
FY 2023-24
(Existing)
FY 2023-24
(Proposed)
FY 2024-25
(Existing)
FY 2024-25
(Proposed)
239
Sewer
Replacement
$120,000
$235,000
$0
$0
650
Gas Taxes
$0
$210,000
$0
$125,000
651
Gas Taxes -
SB1
$285,000
$495,000
$115,000
$240,000
688
Measure BB
$730,000
$730,000
$295,000
$295,000
Total

$1,135,000
$1,670,000
$410,000
$660,000

COMMUNITY PILLAR
4: Inclusive and Inviting Spaces and Places
GOAL
4: Continue to implement the Downtown Specific Plan

GUIDING DOCUMENT
Downtown Specific Plan

ATTACHMENTS

1. Location Map

2. Resolution

3. Exhibit A - Construction Contract with Redgwick Construction Company

Prepared by: Mike Pato
Management Analyst II

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
54 Location Map
This map is based on City of Livermore GIS
Information and reflects the most current information
at the time of this printing. The map is intended for
reference purposes only and the City and its staff is
not responsible for errors.
2,000Livermore IT, GIS Services
333.3
1:NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 166.67 Feet333.30
8/30/2023 2:41:05
PM
Prepared:

Notes:

Scale:

ATTACHMENT 1
55 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING SUPPLEMENTAL APPROPRIATIONS
IN THE AMOUNT OF $535,000 TO FISCAL YEAR 2023-24 AND $250,000 TO FISCAL YEAR 2024-25 AND AWARDING AND AUTHORIZING

EXECUTION OF AN AGREEMENT WITH REDGWICK CONSTRUCTION
COMPANY, IN AN AMOUNT NOT-TO-EXCEED $1,849,844, FOR

CONSTRUCTION OF THE RAILROAD STREET IMPROVEMENTS,
PROJECT NO. 2021-16
(Railroad Avenue Street Improvements, Project No. 2021-16) The City of Livermore (“City”) advertised and received bids for the Railroad Avenue Street Improvements, Project No. 2021-16. Redgwick Construction Company submitted the lowest responsible and responsive base bid in the amount of $1,849,844. City staff recommends the City Council accept the bid and award a contract to Redgwick Construction Company for the construction of the Railroad Avenue Street Improvements, Project No. 2021-16.

Funding in the amount of $785,000 needs to be appropriated to Fiscal Years 2023- 24 and 2024-25 to fully fund construction of the Railroad Avenue Street Improvements.

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

1. Authorizes a supplemental appropriation of Sewer Replacement Fund (Fund 239) in the amount of $115,000 to FY 2023-24 for the Railroad Avenue Street Improvements Project 2021-16.

2. Authorizes supplemental appropriations of Gas Taxes (Fund 650) in the amount of $210,000 to FY 2023-24 and $125,000 to FY 2024-25 for the Railroad Avenue Street Improvements Project 2021-16.

3. Authorizes supplemental appropriations of Gas Tax-SB1 (Fund 651) in the amount of $210,000 to FY 2023-24 and $125,000 to FY 2024-25 for the Railroad Avenue Street Improvements Project 2021-16.

4. Awards a construction contract to Redgwick Construction Company, in an amount not-to-exceed $1,849,844, for the Railroad Avenue Street Improvements Project 2021-16, and authorizes the City Manager to sign the agreement, attached hereto as Exhibit A, and incorporated by this reference.

5. Rejects all other bids or proposals.

6. 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.
56 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/ Tara Mazzanti
Marie Weber Tara Mazzanti
Deputy City Manager/City Clerk Assistant City Attorney
Exhibit A – Construction Contract with Redgwick Construction Company 57

Page 1 of 6 ends

EXHIBIT A
58

Page 2 of 6 ends

EXHIBIT A
59

Page 3 of 6 ends

EXHIBIT A
60

Page 4 of 6 ends

EXHIBIT A
61

Page 5 of 6 ends

EXHIBIT A
62

Page 6 of 6 ends

EXHIBIT A
63 CITY COUNCIL STAFF REPORT
ITEM NO. 5.6

DATE:

October 23, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution approving an exception to the Livermore Municipal Code bidding requirement and authorizing sole sourcing specific brands of equipment and instruments for the construction of the Water Reclamation Plant (WRP) UV Treatment System Replacement Project No. 2021-28.

RECOMMENDED ACTION

The acting City Engineer recommends the City Council adopt a resolution:
1 .

Authorizing sole sourcing specific brands of equipment and instruments for the construction of the Water Reclamation Plant (WRP) UV Treatment System Replacement Project No. 2021-28; 2 .

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

SUMMARY
The City of Livermore Water Reclamation Plant ultraviolet (UV) disinfection system requires replacement to increase system reliability, reduce operation and maintenance costs, and meet regulatory compliance requirements. Existing electrical and mechanical equipment and instruments at the plant have been proven to be reliable and effective. To ensure that the equipment and instruments for the upgrades will be fully compatible and perform well with the existing instrumentation and control systems at the plant, the acting City Engineer recommends the items be sole sourced from the same manufacturer pursuant to Livermore Municipal Code Section 2.68.550(C). Additionally, to minimize impacts to existing concrete channel structures and optimize operations and maintenance of the system, the acting City Engineer is recommending that the open channel UV disinfection system be sole sourced to the manufacturer best meeting the technology criteria for the project.

DISCUSSION
64 The City of Livermore (City) Water Reclamation Plant produces an average of two million gallons per day of recycled water from wastewater for irrigation, fire suppression, toilet flushing, construction, and industrial operations. This water recycling allows the City to reduce annual potable water use by over 25 percent. The plant has been using the current UV disinfection system for two decades as the primary means to disinfect recycled water. The location of the UV disinfection system within the plant is shown on Attachment 1.

Both the 2012 Water Reclamation Plant Master Plan and the 2016 Water Reclamation Plant Asset Management Plan identify the existing UV disinfection system as aging infrastructure within the plant.

The current system has become outdated and does not fully function as originally intended, including a failure of the automated lamp cleaning system, a limited supply of spare parts, and an outdated control system.

The project will replace the existing UV lamp modules and associated electrical, instrumentation, and control components. The overall project includes replacing the following equipment:

Open channel UV disinfection system
Associated piping and valves
Associated instrumentation and controls
Motor Control Center (MCC)
Programmable Logic Controller (PLC)
Ancillary plumbing and lighting

Replacing aged equipment will increase the efficiency and reliability of plant operations by utilizing the latest available technologies to lower both energy consumption and ongoing maintenance costs.

The City selected Black & Veatch Corporation to design this project. The final design will be completed in November 2023. As part of the design activities, Black & Veatch performed a UV Supplier Alternative Analysis Evaluation in November 2022. The purpose of this alternative analysis was to identify acceptable suppliers with technology options that meet the project constraints and provide the best value overall. Of all the available conventional open-channel UV systems in the market, the analysis focused on those that provide the latest lamp technology and configuration and provide recent system enhancements such as UV sensors, UV Transmittance (UVT) analyzers, sophisticated cleaning systems, and advanced control strategies. The following criteria were identified as critical for the new system to meet treatment capacity requirements, regulatory requirements, technology advancements over the current system, and spatial constraints associated with the existing UV facility.

Cost Criteria, including estimated life cycle cost.

Regulatory Criteria, including proven track record in Title 22 compliant disinfection.

Performance and Implementation Criteria, including capacity, ability to be installed within the existing facilities without modifications, improved operation and maintenance performance, and readily available spare parts and vendor support.

Most of these suppliers either failed to meet the newer technology requirements (older technology or excessive or unreasonable number of lamps) or the spatial configuration requirements with regards to fitting inside the existing UV facility. Based on this evaluation, Trojan ranked highest of the available suppliers, with minimal modifications required to the existing concrete channels, a more robust mechanical and cleaning system, the highest guaranteed lamp life, and local after-installation technician 65 support.

Existing electrical and mechanical equipment and instruments at the plant have been proven to be reliable and effective. To ensure that the equipment and instruments for the upgrades will be fully compatible with and perform well with the existing instrumentation and control systems at the plant, the acting City Engineer recommends the items listed in the following table be sole sourced from the same manufacturers. Additionally, to minimize impacts to existing concrete channel structures and optimize operations and maintenance of the system, the acting City Engineer recommends the open channel UV disinfection system be sole sourced to the manufacturer best meeting the criteria used to evaluate technology options for the project, as identified in the following table.

Item No.

Item Description
Brand Required
1 Magnetic Flow Meters
Rosemount by Emerson
2 Mud Valves
Trumbull
3 Low Voltage Motor Control Centers (MCC)
Allen-Bradley
4 Programmable Logic Controllers (PLC)
Allen-Bradley
5 Managed Process Ethernet Switches
Allen-Bradley
6 Variable Frequency Drives (VFD)
Allen-Bradley
7 Radar Level Transmitters
Vega
8 Turbidity Analyzers
Hach
9 On-Line UV Transmittance (UVT) Analyzer
Hach
10 Analyzer Controllers
Hach
11 Package UV Lamp System
Trojan

When the City identifies a need for using sole source manufacturers, Livermore Municipal Code (LMC) Section 2.68.550(C) allows for an exception to the bidding requirement shown in LMC Section 2.68.540, based on the fact that the equipment is unique. The justification to support an exception to bidding for specific brands of equipment and instruments for the improvement project are listed below.

1 .

Equipment and instruments listed have a good performance history at the plant and pump stations. 2 .

Equipment and instruments listed comply with the Component Standards identified in the City’s Supervisory Control and Data Acquisition (SCADA) Master Plan, which seeks to standardize instrumentation, communication, and control components used at the plant and pump stations. 3 .

Using the same equipment and instruments manufacturer will ensure compatibility and good performance with existing products at the plant and pump station from the same manufacturer. 4 .

The inventory of replacement and spare parts can be reduced and better managed if replacement and spare parts are identical to existing equipment.
5 .

Using similar products reduces the amount of staff training. 6 .

The selected open channel UV disinfection system best meets the criteria used to evaluate technology options for the project, which focused on minimizing impacts to existing concrete channel structures and optimizing operations and maintenance of the system.

FISCAL AND ADMINISTRATIVE IMPACTS

Contractors can obtain competitive quotes from different distributors or vendors for the same brand of products during the bid. Therefore, there should not be a significant increase in the bid price for the project. Using manufacturers that match products in the existing plant will reduce maintenance costs. 66 Alternative analysis for the open channel UV disinfection systems indicates the selected manufacturer’s technology option would result in the lowest life cycle cost for the system. Funding for the purchase of this equipment and instruments is included in the budget for the WRP UV Treatment System Replacement Project No. 2021-28 in the Fiscal Year 2023-2028 5-Year Capital Improvement Plan. The total budget for this project is $6,361,000, of which $2,472,000 is budgeted in FY 2023-24 and $3,889,000 in FY 2024-25. The project is funded with Sewer Replacement Fund 239 and Sewer Connection Fees Fund 241.

COMMUNITY PILLAR
1: A Save Community that Thrives

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

GUIDING DOCUMENT
Fiscal Year 2023-2028 5-Year Capital Improvement Plan

ATTACHMENTS

1. Project Location

2. Resolution

Prepared by: Rick Teczon
Senior Civil Engineer

VICINITY MAP SITE PLAN
ATTACHMENT 1
68 RESOLUTION NO. ______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING AN EXCEPTION TO THE LIVERMORE MUNICIPAL CODE

BIDDING REQUIREMENT AND AUTHORIZING SOLE SOURCING SPECIFIC BRANDS OF

EQUIPMENT AND INSTRUMENTS FOR THE CONSTRUCTION OF THE WRP UV TREATEMENT SYSTEM REPLACEMENT PROJECT NO. 2021-28
Both the 2012 Water Reclamation Plant Master Plan and the 2016 Water Reclamation Plant Asset Management Plan identify the existing ultraviolet (UV) disinfection system as aging infrastructure within the plant. The current system has become outdated and does not fully function as originally intended, including a failure of the automated lamp cleaning system, a limited supply of spare parts, and an outdated control system.

The WRP UV Treatment System Replacement Project involves replacing the existing UV lamp modules and associated electrical, instrumentation, and control components. Existing electrical and mechanical equipment and instruments at the plant have been proven to be reliable and effective. To ensure that the equipment and instruments for the upgrades will be fully compatible with and perform well with the existing instrumentation and control systems at the plant, the acting City Engineer is recommending that they be sole sourced from the same manufacturer. Additionally, to minimize impacts to existing concrete channel structures and optimize operations and maintenance of the system, the acting City Engineer is recommending that the open channel UV disinfection system be sole sourced to the manufacturer best meeting the criteria used to evaluate technology options for the project.

Livermore Municipal Code (LMC) Section 2.68.550(C) authorizes an exception to the bidding requirement contained in LMC Section 2.68.540 if there is no competitive advantage to be gained by inviting bids and where the acting City Engineer has determined that the supplies and equipment are unique and available from a sole source.

The findings in support of an exception to bidding for specific brands of equipment and instruments for the improvement project are as follows:

1. Equipment and instruments listed have a good performance history at the City’s plant.

2. Equipment and instruments listed comply with the Component Standards identified in the City’s SCADA Master Plan, which seeks to standardize instrumentation, communication, and control components used at the plant and pump stations.

3. Using the same equipment and instruments manufacturer will assure compatibility and good performance with existing products at the plant from the same manufacturer.

4. The inventory of replacement and spare parts can be reduced and better managed if replacement and spare parts are identical to existing equipment.

5. Using similar products reduces the amount of staff training.

6. The open channel UV disinfection system listed best meets the criteria used to evaluate technology options for the project, which focused on minimizing 69 RESOLUTION NO. ______
impacts to existing concrete channel structures and optimizing operations and maintenance of the system.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LIVERMORE, AS FOLLOWS:

1. The City Council authorizes sole sourcing the following specific brands of equipment and instruments for the construction of the WRP UV Treatment System Replacement Project No. 2021-28.

Item No. Item Description Brand Required
1 Magnetic Flow Meters Rosemount by Emerson
2 Mud Valves Trumbull
3 Low Voltage Motor Control Centers (MCC) Allen-Bradley 4 Programmable Logic Controllers (PLC) Allen-Bradley
5 Managed Process Ethernet Switches Allen-Bradley
6 Variable Frequency Drives Allen-Bradley
7 Radar Level Transmitters Vega
8 Turbidity Analyzers Hach
9 On-Line UV Transmittance (UVT) Analyzer Hach
10 Analyzer Controllers Hach
11 Open Channel UV Disinfection System Trojan

2. Upon recommendation of the acting City Engineer, the City Council approves an exception to the bidding requirement contained in Livermore Municipal Code Section 2.68.550(C), because there is no competitive advantage to be gained by inviting bids and the acting City Engineer has determined that the supplies and equipment are unique and available from a sole source.

3. The City Manager is hereby authorized 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 this October 23, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
______________________________ _____________________________ Marie Weber Tara Mazzanti
Deputy City Manager/City Clerk Assistant City Attorney
70 CITY COUNCIL STAFF REPORT
ITEM NO. 5.7

DATE:

October 23, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution approving an exception to the Livermore Municipal Code bidding requirements and authorizing sole sourcing specific brands of equipment and instruments for the construction of the Airway Pump Station Improvements Project No. 2021-30.

RECOMMENDED ACTION

The acting City Engineer recommends the City of Livermore City Council adopt a resolution:
1 .

Authorizing sole sourcing specific brands of equipment and instruments for the construction of the Airway Pump Station Improvements Project No. 2021-30;
2 .

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

SUMMARY
The City of Livermore (City) Airway Pump Station Improvements Project involves replacing pumps, emergency generator, and electrical and instrumentation components. Monitoring and control of the City’s various pump stations occurs remotely from the City’s Water Reclamation Plant. Existing equipment and instruments utilized at the plant and the remote pump stations have been proven to be reliable and effective. To ensure that the equipment and instruments for the improvements will be fully compatible and perform well with the existing instrumentation and control systems at the plant and pump station, the acting City Engineer recommends that items be sole sourced from the same manufacturers pursuant to Livermore Municipal Code Section 2.68.550(C).

DISCUSSION
The City of Livermore (City) Airway Pump Station pumps potable water that the City receives from Zone 7 Water Agency’s (Zone 7) distribution system to the City’s Doolan Tank water storage reservoir. This 71 system serves the northwestern portion of the City and was originally built to handle existing and future buildout water demands. Over recent years, the water supply pressure in the Zone 7 distribution system has dropped significantly affecting pump station performance. It is also anticipated that the Zone 7 distribution system pressure will decrease further as service area demand increases, requiring not only near-term changes to the pump station to address current performance issues, but also improvements that consider projected long-term changes in conditions in the system.

The location of the pump station is shown on Attachment 1. The objective of the improvement project is to modify the mechanical, electrical, and instrumentation systems to maintain the pump station capacity in response to declining Zone 7 distribution system pressures. The overall project includes replacing the following components:

Pumps and motors.

Motor Control Center (MCC).

Variable frequency drives (VFDs).

Programmable Logic Controllers (PLCs).

Related instrumentation and communication equipment.

Emergency generator.

The improved pump station will supply the City’s distribution system with water at adequate flows and pressures to meet existing and future water demands. Replacing equipment to meet current and projected water supply conditions will increase the efficiency and reliability of pump station operations.

Remote monitoring and control of the City’s various pump stations occurs from the Water Reclamation Plant. Existing equipment and instruments utilized at the plant and the remote pump stations have been proven to be reliable and effective. To ensure that the equipment and instruments for the improvements will be fully compatible with and perform well with the existing instrumentation and control systems at the plant and pump station, the acting City Engineer recommends the following items be sole sourced from the same manufacturers.

Item No.

Item Description
Brand Required
1 Magnetic Flow Meter
Rosemount
2 Sump Pump
Sulzer
3 Digital Multimeter
Allen-Bradley
4 Low Voltage Motor Control Centers (MCC)
Allen-Bradley
5 Ethernet Radio and Antenna
Esteem Horizon
6 Main Programmable Automation Controller (PAC)
Rockwell Automation

Analog Outputs
Rockwell Automation

Analog Inputs
Rockwell Automation

Discrete Outputs
Rockwell Automation

Discrete Inputs
Rockwell Automation

Operator Interface Terminal
Rockwell Automation
7 Control Panel Mounted Ethernet Switches
Stratix
8 Variable Frequency Drives (VFD)
Allen-Bradley

The City selected HDR Engineering to design this project. The final design will be completed in November 2023. When the City identifies a need for using sole source manufacturers, Livermore 72 Municipal Code (LMC) Section 2.68.550(C) allows for an exception to the bidding requirement shown in LMC Section 2.68.540, based on the fact that the equipment is unique. The justification to support an exception to bidding for specific brands of equipment and instruments for the improvement project are listed below.

1 .

Equipment and instruments listed have a good performance history at the plant and pump stations. 2 .

Using the same equipment and instruments manufacturer will ensure compatibility and good performance with existing products at the plant and pump station from the same manufacturer. 4 .

The inventory of replacement and spare parts can be reduced and better managed if replacement and spare parts are identical to existing equipment.
5 .

Using similar products reduces the amount of staff training.

FISCAL AND ADMINISTRATIVE IMPACTS

Funding for the purchase of this equipment and instruments is included in the budget for the Airway Pump Station Improvements Project No. 2021-30 in the Fiscal Year 2023-2028 5-Year Capital Improvement Plan. The total budget for this project is $4,127,000, of which $1,694,000 is budgeted in FY 2023-24 and $2,433,000 in FY 2024-25. The project is funded with Water Replacement Fund 259.

COMMUNITY PILLAR
1: A Safe Community that Thrives

GUIDING DOCUMENT
Fiscal Year 2023-2028 5-Year Capital Improvement Plan

ATTACHMENTS

1. Project Location

2. Resolution

Prepared by: Rick Teczon
Senior Civil Engineer

73 Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
74 PROJECT LOCATION
Airway Pump Station
ATTACHMENT 1
75 RESOLUTION NO. ______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING AN EXCEPTION TO THE LIVERMORE MUNICIPAL CODE

BIDDING REQUIREMENT AND AUTHORIZING SOLE SOURCING SPECIFIC BRANDS OF

EQUIPMENT AND INSTRUMENTS FOR THE CONSTRUCTION OF THE AIRWAY PUMP STATION IMPROVEMENTS, PROJECT NO. 2021-30
The City of Livermore (City) Airway Pump Station is a booster pump station that conveys potable water received from Zone 7 Water Agency’s (Zone 7) distribution system to the City’s Doolan Tank water storage reservoir that serves the City’s Zone 1 Water System.

Over recent years, the water supply pressure in the Zone 7 distribution system has dropped, significantly, impacting pump station performance. It is also anticipated that the Zone 7 distribution system pressure will decrease further with projected service area demand, requiring not only near-term changes to the pump station to address current performance issues, but also improvements that consider projected long-term conditions in the system.

The improved pump station will supply the distribution system with water at adequate flows and pressures.

The project involves replacing pumps, emergency generator, and electrical and instrumentation components. Remote monitoring and control of the City’s various pump stations occurs from the City’s Water Reclamation Plant. Existing equipment and instruments utilized at the plant and the remote pump stations have been proven to be reliable and effective. To ensure that the equipment and instruments for the improvements will be fully compatible with and perform well with the existing instrumentation and control systems at the plant and pump station, the acting City Engineer is recommending that they be sole sourced from the same manufacturer.

The findings in support of an exception to bidding for specific brands of equipment and instruments for the improvement project are as follows:

1. Equipment and instruments listed below have a good performance history at the City’s plant and remote pump stations.

2. Equipment and instruments listed below comply with the Component Standards identified in the City’s SCADA Master Plan, which seeks to standardize instrumentation, communication, and control components used at the plant and pump stations.

3. Using the same equipment and instruments manufacturer will ensure compatibility and good performance with existing products at the plant and pump station from the same manufacturer.

4. The inventory of replacement and spare parts can be reduced and better managed if replacement and spare parts are identical to existing equipment.

5. Using similar products reduces the amount of staff training. 76 RESOLUTION NO. ______
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby:

1. Authorizes sole sourcing the following specific brands of equipment and instruments for the construction of the Airway Pump Station Improvements, Project No. 2021-30.

Item No. Item Description Brand Required
1 Magnetic Flow Meter Rosemount
2 Sump Pump Sulzer
3 Digital Multimeter Allen-Bradley
4 Low Voltage Motor Control Centers (MCC) Allen-Bradley 5 Ethernet Radio and Antenna Esteem Horizon
6 Main Programmable Automation Controller (PAC) Rockwell Automation Analog Outputs Rockwell Automation
Analog Inputs Rockwell Automation
Discrete Outputs Rockwell Automation
Discrete Inputs Rockwell Automation
Operator Interface Terminal Rockwell Automation
7 Control Panel Mounted Ethernet Switches Stratix
8 Variable Frequency Drives (VFD) Allen-Bradley

2. Approves, per the recommendation by the acting City Engineer, an exception to the bidding requirement contained in Livermore Municipal Code Section 2.68.550(C), because there is no competitive advantage to be gained by inviting bids, and the acting City Engineer has determined that the supplies and equipment are unique and available from a sole source.

3. 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 this 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
77 CITY COUNCIL STAFF REPORT
ITEM NO. 5.8

DATE:

October 23, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing execution of a Low-Income For Sale Housing Agreement with TH Arroyo Vista, LLC, for a 435-unit subdivision located in the Arroyo Vista neighborhood, generally to the east and north of Las Positas Road, south of Arroyo Vista Road, west of Bennett Drive and bisected by the Arroyo Seco channel intersection (VTTM 8379).

RECOMMENDED ACTION

SUMMARY
In July 2017, the City Council approved a Development Agreement (“DA”) for the 435-unit, Arroyo Vista residential subdivision, Tract Map 8379. In accordance with the DA, and consistent with the City’s Affordable Housing Ordinance, the developer must now enter into a Low-Income Housing Agreement with the City to provide a lump sum housing In-Lieu fee payment of $4,600,000 and reserve 52-units in the project for sale at prices that are affordable to low- and moderate-income homebuyers. Staff recommends approval of the Low-Income Housing Agreement, as it implements the affordability provisions negotiated in the previously approved DA. Furthermore, the agreement will provide new, first- time homebuyer opportunities for low- and moderate-income households as well as funding for future affordable housing projects supported through the City’s Affordable Housing Trust.

DISCUSSION
On July 24, 2017, City Council approved Vesting Tentative Tract May 8379 and Subdivision 16-010 for the “Arroyo Vista” subdivision consisting of 435 for-sale, single-family, attached and detached housing units, located on approximately 28.91 acres of land located generally to the east and north of Las Positas Road, south of Arroyo Vista Road, west of Bennett Drive and bisected by the Arroyo Seco channel, (the “Development”). The developer, Trumark Homes (assuming ownership as TH Arroyo Vista, LLC), intends to build the Development in two phases. The parcel west of the Arroyo Seco channel (the “West 78 Parcel”) will be developed as Phase 1, and the parcel east of the Arroyo Seco channel will be constructed as Phase 2 (the “East Parcel”).

The City’s Affordable ("Inclusionary") Housing Ordinance states that developers completing for sale residential projects within the City’s General Plan Area must satisfy the affordable housing requirement by providing fifteen percent (15%) of those units at prices affordable for low- and moderate-income households or provide an equivalent alternative, subject to City Council approval. Alternative methods of compliance include payment of an In-Lieu fee. In accordance with the City’s Affordable Housing ordinance, the developer must now enter into a Low-Income For Sale Housing Agreement (“LIHA”) with the City to fulfill the Inclusionary Housing requirement.

On October 11, 2017, the City executed Development Agreement, DA-17-002, for the Arroyo Vista subdivision (the “DA”). As described in Section 7 of the DA, the Developer shall provide the following in satisfaction of the affordable housing requirement:

For the West Parcel
: The Developer will provide a payment of $4,600,000 prior to approval of the Final Map to satisfy the affordability requirements for the first 86 lots in the Development in lieu of providing on-site affordable units. In addition, Developer shall provide thirteen (13) on-site units for sale at affordable prices in the "Row Townhome" product with plans and locations that are comparable to the market rate units and which are distributed throughout the project, as identified in the LIHA.

At the time of DA negotiation, the City and the developer had identified a potential affordable housing site for acquisition, however it was later deemed infeasible. Under the terms of the DA, if a site is not identified, the Developer may opt to make an advance payment of In-Lieu fees to partially satisfy the affordability requirements for the first 86 lots in the Development. Fees received from the project will be deposited to the City's Affordable Housing Trust and used to support and expand development of the City’s affordable housing opportunities. This type of funding is particularly helpful in providing housing for special needs populations that would not ordinarily be supported through the affordable housing provided by market rate developers. Vineyard 2, which supports homeless individuals, and Avance, which provides housing and services for developmentally disabled adults, are examples of special needs housing projects supported by the City's Affordable Housing Trust fund.

For the East Parcel
: The Developer will provide 39 units, including 16 units of the "Garden Court" product and 23 units of the "Flats" product, for sale at affordable prices with plans and locations that are distributed throughout the development as described in LIHA.

If approved, affordable units located in both the East Parcel and West Parcel will be reserved for sale at low- and moderate-income prices that will be set at the time of sale in accordance with the City’s standard methodology. The affordable units will be marketed throughout the community, and the applicant selection process will prioritize the City Council’s established preferences, including Livermore residents and workers, Livermore Valley Joint Unified School District teachers, first responders, tenants of City-regulated affordable rental units, and veterans. All purchasers must meet the City’s Affordable Homeownership Program qualifying criteria, including first-time homebuyer qualification, a minimum 660 credit score, determination of creditworthiness, and a three percent (3%) down payment requirement.

Buyers will be required to enter into a resale restriction agreement with the City along with a promissory note and recorded deed of trust which reflect the affordability subsidy amount (e.g., difference between the market value and the affordable sales price).

79 Staff recommends approval of the LIHA as it reflects the terms of the previously approved DA, is consistent with the City’s affordable housing ordinance, and advances City Council’s affordable housing goals.

FISCAL AND ADMINISTRATIVE IMPACTS

If approved, the developer would be required to advance, prior to approval of the project final map, a lump sum In-Lieu fee payment of $4,600,000 to the City’s Affordable Housing Fund (611). The project would also be required to reserve 52 affordable units in the West and East parcels for sale to low- and moderate-income homebuyers.

Upon sale of the affordable units, the City will hold a promissory note secured by a recorded deed of trust with the homebuyer in an amount that is the difference between the market rate appraised value of the home and the affordable for sale price at the time of sale. The promissory notes require no payment and may transfer to a new eligible buyer at resale. If the unit is sold at a market rate-unrestricted price to an ineligible buyer, the City collects the amount of the promissory note, and all restrictions terminate on the unit. Per the master fee schedule, the City will also receive one and a half percent (1.5%) administrative fee to market, screen and identify buyers. The developer will pay this fee at close of escrow. The fee will be used to defray the City’s marketing, application, selection and homebuyer education costs as well as to monitor resale restriction agreements and comply with all federal and state fair housing laws and regulations.

COMMUNITY PILLAR
1: A Safe Community that Thrives

GOAL
7: Expand and preserve the supply of affordable housing opportunities.

ATTACHMENTS

1. Resolution

2. Exhibit A - Agreement

Prepared by: Fran Reisner
Acting Housing and Human Services
Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF A LOW-INCOME

FOR SALE HOUSING AGREEMENT WITH TH ARROYO VISTA, LLC,
FOR A 435-UNIT SUBDIVISION LOCATED IN THE ARROYO VISTA

NEIGHBORHOOD, GENERALLY TO THE EAST AND NORTH OF LAS

POSITAS ROAD, SOUTH OF ARROYO VISTA ROAD, WEST OF

BENNETT DRIVE AND BISECTED BY THE ARROYO SECO CHANNEL
INTERSECTION (VTTM 8379)
TH Arroyo Vista, LLC (“the Developer”) proposed a 435-unit residential subdivision located in the Arroyo Vista Neighborhood Plan Area, generally to the east and north of Las Positas Road, south of Arroyo Vista Road, west of Bennett Drive and bisected by the Arroyo Seco channel (Vesting Tentative Tract Map 8379) (“the Development”).

In July 2017, the City Council approved a Development Agreement (“DA”) for the 435-unit Arroyo Vista residential subdivision, under Tract Map 8379. In accordance with the DA and the City of Livermore’s Affordable Housing Ordinance, the Developer must enter into a Low-Income Housing Agreement (“Agreement”) with the City of Livermore and provide a combination of In-Lieu fees in the amount of $4,600,000 and 52-units in the project to be reserved for sale at prices that are affordable to low- and moderate- income homebuyers.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager to sign on behalf of the City of Livermore the Low-Income For Sale Housing Agreement with TH Arroyo Vista, LLC, attached hereto as Exhibit A, and all related and necessary documents.

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/ Katherine Mirassou
Marie Weber Katherine Mirassou
City Clerk Deputy City Attorney
Exhibit A – Low-Income For Sale Housing Agreement with TH Arroyo Vista, LLC 81 EXHIBIT A
82 EXHIBIT A
83 EXHIBIT A
84 EXHIBIT A
85 EXHIBIT A
86 EXHIBIT A
87 EXHIBIT A
88 EXHIBIT A
89 EXHIBIT A
90 EXHIBIT A
91 EXHIBIT A
92 EXHIBIT A
93 EXHIBIT A
94 EXHIBIT A
95 EXHIBIT A
Attachment 4
96 EXHIBIT A
97 EXHIBIT A
98 EXHIBIT A
99 EXHIBIT A
100

EXHIBIT A
101

EXHIBIT A
102

EXHIBIT A
103

EXHIBIT A
104

EXHIBIT A
105

EXHIBIT A
106

EXHIBIT A
107

EXHIBIT A
108

EXHIBIT A
109

EXHIBIT A
110

EXHIBIT A
111

EXHIBIT A
112

EXHIBIT A
113

EXHIBIT A
114

EXHIBIT A
115

EXHIBIT A
116

EXHIBIT A
117

EXHIBIT A
118

EXHIBIT A
119

EXHIBIT A
120

EXHIBIT A
121

EXHIBIT A
122

EXHIBIT A
123

EXHIBIT A
124

EXHIBIT A
125

CITY COUNCIL STAFF REPORT
ITEM NO. 5.9

DATE:

October 23, 2023
TO:

Honorable Mayor and City Council
FROM:

Brandon Cardwell, Innovation and Economic Development Director SUBJECT:

Resolution approving allocation of the Tourism and Special Event Grant monies for July 1, 2023-June 30, 2024, and authorizing the execution of grant agreements with Altamont Cruisers, Livermore Valley Opera, Quest Science Center, Rotary Club of Livermore, and Shakespeare's Associates, Inc. in the amount of $2,000 each.

RECOMMENDED ACTION

SUMMARY
The purpose of the annual Tourism and Special Event Grant program is to provide financial assistance to organizations that promote Livermore as a destination and generate tourism that benefits the local and regional economy, including local merchants and the local wine industry. The application period for the FY 2023-24 Tourism and Special Event Grant Program is on a rolling basis. Grant requests must be for an event to occur between July 1, 2023, and June 30, 2024. Funding is recommended for Altamont Cruisers, Livermore Valley Opera, Quest Science Center, Rotary Club of Livermore, and Shakespeare's Associates, Inc., in the amount of $2,000 each.

DISCUSSION
The annual Tourism and Special Event Grant Program is allocated $10,000 from the General Fund to support organizations that directly benefit downtown businesses or local wineries or promote Livermore as a destination. The purpose of the program is to provide financial support for events that: Add to Livermore's unique art, history, diversity or character; produce an economic benefit to the City by marketing Livermore as a destination; appeal to broad audiences throughout the region; and generate tourism in Livermore. Qualifying events must meet one or more of the above program goals. Funds are to be paid out to selected grant awardees after the event has taken place and receipts for eligible expenses are submitted to the City. The amount to be paid to each organization will not exceed fifty 126
percent (50%) of the eligible costs of organizing the event. The availability of funds for the FY 2023-24 Tourism and Special Event Grant Program was announced and applications were solicited through a press release and posting on the City website and social media starting June 1, 2023. The City's Grant Agreement process includes selected applicants entering into a grant agreement with the City; registering and having an active business license; and submitting documentation that they carry insurance that meets the City's requirements for events. Staff reviewed five (5) applications and found that all demonstrated consistencies with the program and policy criteria. Staff therefore recommends that a grant of $2,000 each be awarded to the following eligible applicants:

Applicant
Name of the Event
Location of the Event
Date of the Event
Altamont Cruisers
Nostalgia Day Car Show
Downtown Livermore
September 24, 2023
Livermore Valley Opera
Of Mice and Men
Bankhead Theater
October 7,8,14, and 15,
2023
Quest Science Center
Science@Stockmen's
Park
Stockmen's Park
July 8, August 26,
October 28, 2023 and
TBD in May and June
2024
Rotary Club of Livermore
106 Annual Livermore
Rodeo Parade
Downtown Livermore
June 8, 2024
Shakespeare's
Associates, Inc. dba
SPARC Theater
Shakespeare in the
Vineyard
Darcie Kent Vineyard
June 22 to August 6,
2023

Since the grant period started on July 1, 2023, some events have already taken place. Upon Council approval, payment of the grant will be made once all grant requirements are met by applicants.

FISCAL AND ADMINISTRATIVE IMPACTS

The adopted FY 2023-24 General Fund budget includes $10,000 for the Tourism and Special Event grant program, of which all is currently recommended for approval. No additional fiscal or administrative impacts are anticipated. A net positive economic impact from tourism and special event activities is expected from generation of additional revenues in the form of sales tax and hotel occupancy tax.

COMMUNITY PILLAR
2: An Economy that Prospers

GOAL
2: Lead efforts, in collaboration with other City departments and outside partners, to maintain and enhance diversity and resilience of Livermore's economy.

ATTACHMENTS

1. Resolution

2. Exhibit A - Grant Agreement with Altamont Cruisers

3. Exhibit B - Grant Agreement with Livermore Valley Opera

4. Exhibit C - Grant Agreement with Quest Science Center

5. Exhibit D - Grant Agreement with Rotary Club of Livermore

6. Exhibit E - Grant Agreement with Shakespeare's Associates 127

Prepared by: Brandon Cardwell
Innovation and Economic
Development Director

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING ALLOCATION OF TOURISM AND SPECIAL EVENT GRANT MONIES FOR THE PERIOD OF JULY 1, 2023 – JUNE 30, 2024, AND

AUTHORIZING THE EXECUTION OF GRANT AGREEMENTS WITH ALTAMONT

CRUISERS, LIVERMORE VALLEY OPERA, QUEST SCIENCE CENTER, ROTARY CLUB OF LIVERMORE, AND SHAKESPEARE’S ASSOCIATES, INC., IN THE AMOUNT OF $2,000 EACH
In 1991, the City of Livermore (“City”) established the Tourism and Special Event Grant program, which has been modified throughout the years. The program contains guidelines for the City’s annual solicitation of applications for the award of City of Livermore Tourism and Special Event Grant funds. Grants awarded from the Tourism and Special Event Grant program are made to provide financial assistance to organizations that promote Livermore as a destination and generate tourism that benefits the local and regional economy. The City’s approved operating budget in Fund 5001 for FY 2023-2024, includes $10,000 for the Tourism and Special Event Grant program.

Staff sought applications for FY 2023-2024 grant awards of up to $2,000 each, pursuant to the procedure described in the accompanying staff report and according to the Program guidelines.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby approves the following applicants for the Tourism and Special Event Grant Program for the period of July 1, 2023 – June 30, 2024, to receive grant funding in an amount not to exceed $2,000 each, and authorizes the City Manager to execute on behalf of the City of Livermore the grant agreements with each of the below grantees, attached to this resolution as Exhibits A through E:

Applicant Event Location Date of Event
Altamont
Cruisers
Nostalgia Day Car
Show
Downtown
Livermore
September 24, 2023
Livermore Valley
Opera
Of Mice & Men Bankhead Theater
(Downtown)
October 7,8,14, and
15, 2023
Quest Science
Center
Science@Stockmen’s
Park
Stockmen’s Park
(Downtown)
July 8, August 26,
October 7 & 28, and
TBD dates in May
and June 2024
Rotary Club of
Livermore
Livermore Rodeo
Parade
Downtown
Livermore
June 8, 2024
Shakespeare’s
Associates, Inc.

Shakespeare In the
Vineyard
Darcie Kent
Vineyards
June 22 to August 6,
2023
129
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/ Katherine Mirassou
Marie Weber Katherine Mirassou
Deputy City Manager/City Clerk Deputy City Attorney
Exhibit A- Grant Agreement with Altamont Cruisers
Exhibit B- Grant Agreement with Livermore Valley Opera
Exhibit C- Grant Agreement with Quest Science Center
Exhibit D- Grant Agreement with Rotary Club of Livermore Exhibit E- Grant Agreement with Shakespeare’s Associates, Inc. 130

GRANT AGREEMENT BETWEEN CITY OF LIVERMORE
AND
Altamont Cruisers

FOR FIS
CAL YEAR 2023/2024

THIS AGRE
EMENT, entered into this ______ day of ______________________, 2023 between the City of Livermore, a municipal corporation (“City”), and Altamont Cruisers , a California nonprofit corporation (“Grantee”).

RECITALS
A. The Ci
ty is entering into a grant agreement with Grantee for fiscal year 2022/2023.

B. The Grantee’s mission is to raise money for many worthy community causes, primarily to raise money to benefit the young people of the local community and help them avoid drugs and to carry on other charitable activities as allowed by law.

C. The City has determined that the goals and activities of the Grantee are consistent with the Marketing and Economic Development goals of the City and therefore should be supported through the proposed grant of $2,000.00, which will enhance and support the City’s marketing and economic development efforts, including by identifying the City as an underwriter of the Grantee’s work.

AGREEMENT

NOW THERE
FORE, the parties agree that the above recitals are true and correct and further agree as follows:

1. Grant Activities . Grantee is responsible for its continuing operations. As part of its continuing operations, Grantee will apply the Grant funds to market and promote the City's Downtown and historic Livermore Valley Wine Region through the 34th Annual Nostalgia Day Car Show event. The City shall not be listed as a sponsor of any grantee activity or event, but shall be listed only as an "underwriter" at all times. The Grant activities covered by this Agreement is the 34th Annual Nostalgia Car Show as outlined in Exhibit “A” (“Grant Activities”).

2. Grant Amount. The City will issue, and Grantee will use, funds in the amount of $2,000 (the “Grant Funds”) to perform the activities consistent with the terms and conditions of this Grant Agreement. City will provide the Grant Funds to Grantee within 30 days of the date on which this Agreement is executed by both the City and Grantee.

3. Time for Performance. Grantee shall complete its Grant Activities prior to June 30, 2024.

DocuSign Envelope ID: AA3A61A0-6A16-4A62-9DAC-AF95047AC66F

EXHIBIT A
131

4. Recognition of City Grant Funds Grantee shall acknowledge City’s award of Grant Funds in all appropriate materials and media. The acknowledgment shall read, “Underwritten in part from the City of Livermore” or similar language, unless the City is a part of a list of other underwriters, in which case the City may be acknowledged as, “City of Livermore.” Grantee shall display the City’s logo whenever logos are displayed, and in accordance with the City logo use guidelines, which are included as Exhibit “C” to this Grant Agreement.

5. Independent Contractor . Nothing contained in this Grant Agreement is intended to, nor shall be construed in any manner to, create or establish the relationship of employer/employee between the City and Grantee. The City shall have no role in approving, planning, sanctioning, authorizing or controlling the Grant Activities or any activity Grantee undertakes. Grantee shall at all times remain an i ndependent contractor with r espect to the services funded by this Grant Agreement. City shall be exempt from payment of all unemployment compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance stemming from any of Grantee’s work, as Grantee is an i ndependent contractor.

6. Documentation and Recordkeeping

(a) Grantee shall maintain r ecords providing a full description of each such Grant Activity and the date(s) on which the activity occurred. (b) Grantee shall retain all records pertinent to expenditures incurred in the performance of the Grant Activities under this Grant Agreement and expenditure of Grant Funds for a period of two (2) years after the end of any activity funded pursuant to this Grant Agreement.

(b) The City’s notice of termination for cause must be provided in writing at least ten (10) calendar days before the effective date of termination.

(c) In the event the City terminates this Grant Agreement for cause, Grantee shall return all of the Grant Funds awarded which shall be submitted to the City’s General Fund for reallocation.

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

DocuSign Envelope ID: AA3A61A0-6A16-4A62-9DAC-AF95047AC66F

EXHIBIT A
132

9. Insurance. Grantee shall procure and maintain insurance during the term of this Grant Agreement in the amounts and under t he terms set forth in Exhibit “B ” attached hereto against all claims that may arise from or in connection with this Grant Agreement. Upon reasonabl e written notice, Grantee shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by the City’s Risk Manager.

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

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

TO CITY: City of Livermore
Attn: Brandon Cardwell, Director
Innovation and Economic Development Department
1052 S. Livermore Avenue
Livermore, California 94550

TO GRANTEE: 34th Annual Nostalgia Day Car Show
Attn: Tom Duprey, Board Treasurer
P.O. Box 2144
Livermore, CA 94551

12. Waiver. Failure to insist upon the strict performance of any term or conditions in this Grant 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.

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

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

Signatures and Attachment List on the Next Page
DocuSign Envelope ID: AA3A61A0-6A16-4A62-9DAC-AF95047AC66F

EXHIBIT A
133
In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Grant Agreement, effective on the date first written above.

GRANTEE: Dated:

Altamont Cruisers

____________________________ ___________________________ By: Tom Duprey
Title: Board Treasurer

CITY OF LIVERMORE: Dated:

____________________________ ____________________________ Brandon Cardwell
Director, Innovation and Economic Development

APPROVED AS TO FORM:

___________________________
Assistant/City Attorney

Attachments:

Exhibit A – Grant Activities
Exhibit B – Insurance Requirements
Exhibit C – City Logo Use Guidelines

DocuSign Envelope ID: AA3A61A0-6A16-4A62-9DAC-AF95047AC66F 9/6/2023 | 2:48 PM PDT

EXHIBIT A
134
Tourism and Special Event Grant Request
Grant Period: July 1, 2023 - June 30, 2024
* Applicant Name
Altamont Cruisers Thomas Duprey
* Email
[email protected]
* Phone
* Full Address
PO Box 2144
LIVERMORE CA 94551
Sponsoring Non-Profit Organization
Altamont Cruisers
* Name of Event
Nostalgia Day Car Show
* Event Date(s)
September 24, 2023
* Description of Event
This is the 3th anniversary of the Nostalgia Day Car Show. It is one of the largest one day car shows in Northern California. There will be approximately 700 to 800 classic vehicles attending.
* Event Location
Downtown Livermore including First through Third Street from L to McLeod.

Previous event dates (if applicable)
Annual event. Last year it was September 25, 2022.
* How will grant be used?
This is our annual fund raising event. All the net proceeds of the car show are donated to local charities and youth organizations. This is entirely a volunteer event, no one from our organization receives any monies.

City contribution to prior events (if applicable)

LIVERMORE
* Estimated attendance (please indicate basis for attendance) 8,000 to 10,000
* Estimated percentage (%) of attendees from out of town 70 * Describe advertising or publicity directed at non-Livermore residents We target past attendees of the car show. People come from as far as Reno, NV and Redding, CA * Describe how the event will benefit Livermore
This one day event is so well attend by participants because they love the venue downtown Livermore provides. All the downtown retail businesses benefit from all the people who attend, especially the restaurants.

Additional comments
**SKIPPED**
Page | 1
DocuSign Envelope ID: AA3A61A0-6A16-4A62-9DAC-AF95047AC66F

EXHIBIT A
135

EXHIBIT B

INSURANCE REQUIREMENTS

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

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

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 policies are to contain, or be endorsed to contain, the following provisions:

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

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, DocuSign Envelope ID: AA3A61A0-6A16-4A62-9DAC-AF95047AC66F

EXHIBIT A
136
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: AA3A61A0-6A16-4A62-9DAC-AF95047AC66F

EXHIBIT A
137
138
139
140
141
142
143
144
145
146
147
148

GRANT AGREEMENT BETWEEN CITY OF LIVERMORE
AND
Livermore Valley Opera
FOR FISCAL YEAR 2023/2024
THIS AGREEMENT, entered into this ______ day of ______________________, 2023 between the City of Livermore, a municipal corporation (“C ity”), and Livermore Valley Opera , a California non-profit corporation (“Grantee”).

RECITALS
A. The C ity i s en tering into a grant agr eement w ith Grantee for f iscal y ear 2023/2024.

B. The Grantee’s mission is to enrich its community by producing world class operas and fostering the careers of professional opera singers. Livermore Valley Opera encourages a wide appreciation of Opera and the associated arts through community outreach and educational programs for youth in schools.

C. The City has determined that the goals and activities of the Grantee a re consistent with the Marketing and Economic Development goals of the City and therefore should be supported through the proposed grant of $2,000.00, which will enhance and support the City’s marketing and economic development efforts, including by identifying the City as an underwriter of the Grantee’s work.

AGREEMENT
NOW THEREFORE, the parties agree that t he above recitals are true and correct and further agree
as follows:

1. Grant Activities. Grantee is responsible for its continuing operations. As p art of its continuing operations, Grantee
will apply the Grant funds to market and promote
Livermore's Downtown and historic Livermore Valley
Wine Region through the event "Of
M
ice and Men". The City shall not be listed as a sponsor of any grantee activity or event, but shall be listed only as an "underwriter" at all times. The Grant act ivities covered by this Agreement is the "Of Mice and
Men" event as outlined in Exhibit “A” (“Grant Activities”) .

2. Grant Amount. The City will issue, and Grantee will use, funds in the amount of $2,000.00 (the “Gr ant Funds”) to perform the activities consistent with the terms and conditions of this
Grant Agreement. City will provide the Grant Funds to Grantee within 30 days of the date on which this Agreement is executed by both the City and Grantee.

3. Time for Performance. Grantee shall complete its Grant Activities prior to June 30, 2024.

4. Recognition of City
Grant Funds Grantee shall acknowledge City’s award of Grant DocuSign Envelope ID: B57A5D1E-8319-4AEA-B8E8-E72D87C1B9B3

EXHIBIT B
149
Funds in all appropriate materials and media. The acknowledgment shall read, “Underwritten in part from the City of Livermore” or similar language, unless the City is a part of a list of other underwriters, in which case the City may be acknowledged as, “City of Livermore.” Grantee shall display the City’s logo whenever logos are displayed, and in accordance with the City logo use guidelines, which are included as Exhibit “C” to this Grant Agreement.

5. Independent Contractor . Nothing contained in this Grant Agreement is intended to, nor shall be construed in any manner to, create or establish the relationship of employer/employee between the City and Grantee. The City shall have no role in approving, planning, sanctioning, authorizing or controlling the Grant Activities or any activity Grantee undertakes. Grantee shall at all times remain an i ndependent contractor with re spect to the services funded by this Grant Agreement. City shall be exempt from payment of all unemployment compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance stemming from any of Grantee’s work, as Grantee is an i ndependent contractor.

6. Documentation and Recordkeeping
(a) Grantee shal
l maintain r ecords providing a full description of each such Grant Activity and the date(s) on which the activity occurred. (b) Grantee shall retain all records pertinent to expenditures incurred in the performance of the Grant Activities under this Grant Agreement and expenditure of Grant Funds for a period of two (2) years after the end of any activity funded pursuant to this Grant Agreement.

7. Suspension, Termination, Return of Funds
(a) City may suspend or terminate this Grant Agreement if Grantee materially fails to comply with any term or condition of this Agreement, including but not limited to, the following:
(1) failure, for any reason, of Grantee to fulfill in a timely and proper manner its obligations under this Agreement; or (2) ineffective or improper use of the Grant Funds provided under this Agreement.
(b) The City’s
notice of termination for cause must be provided in writing at least ten (10) calendar days before the effective date of termination. (c) In the event t
he City terminates this Grant Agreement for cause, Grantee shall return all of the Grant Funds awarded which shall be submitted to the City’s General Fund for reallocation.

DocuSign Envelope ID: B57A5D1E-8319-4AEA-B8E8-E72D87C1B9B3

EXHIBIT B
150

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

TO CITY: Ci
ty of Livermore
Attn: Brandon Cardwell,
Director of Innovation and Economic Development
1052 S. Livermore Avenue
Livermore, California 94550
TO GRANTEE:

Livermore Valley Opera
Attn: Keith Sawyer
Board President
P.O. Box 1002
Livermore, CA 94551

12. Waiver. Fai
lure to insist upon the strict performance of any term or conditions in this Grant 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.

14. Counterparts. This Grant Agreement may be executed in counterpart by delivering a facsimile or secure electronic copy of the signed agreement to the other party, followed by delivery of the original documents bearing the original signatures. Failure to deliver the original documents does not affect the enforceability of this Agreement. ****************************************************************************** *********************
Signature
s and Attachment List on the Next Page
DocuSign Envelope ID: B57A5D1E-8319-4AEA-B8E8-E72D87C1B9B3

EXHIBIT B
151
In concurrence and witness whereof, and in recognition of the mutual consideration provided t
herefore, the parties have executed this Grant Agreement, effective on the date first written above.

GRANTEE: Dat
ed:

Livermore Valley Opera
_________________
___________ ___________________________
By: Keith Sawyer
Title: Board President

CITY OF L
IVERMORE: Dated:
_________________
___________ ____________________________
Brandon Cardwell
Director, Innovation and Economic Development

APPROVED AS TO
FORM:
_________________
__________
Assistant/City Attorney
Attachmen
ts:

Exhibit A – Grant Activities
Exhibit B – Insurance Requirements
Exhibit C – City Logo Use Guidelines
DocuSign Envelope ID: B57A5D1E-8319-4AEA-B8E8-E72D87C1B9B3 9/18/2023 | 7:33 AM PDT

EXHIBIT B
152
Tourism and Special Event Grant Request
Grant Period: July 1, 2023 - June 30, 2024
* Applicant Name
Leslie Silberman
* Email
* Phone
* Full Address
PO Box 1002
Livermore CA 94551
Sponsoring Non-Profit Organization
Livermore Valley Opera
* Name of Event
Of Mice and Men
* Event Date(s)
October 7,8,14,15
* Description of Event
The Tri-Valley’s own professional opera company, Livermore Valley Opera (LVO), opens its 32nd season with Carlisle Floyd’s OF MICE AND MEN, based on the novella by John Steinbeck. This brilliant stage production, performed by a superb cast of singers, portrays a tragic American story of shattered dreams. It opens October 7 at the Bankhead Theater, the first of four performances, and will be sung in English with English supertitles. Stage Director Marc Jacobs will bring the forceful tale of two depression-era farm workers, George and Lennie, whose dream of owning their own land one day ends in tragedy. Carlisle Floyd, arguably the greatest of America’s 20th Century opera composers, adapts to the operatic stage a vivid representation of John Steinbeck’s story that will grip audiences with its powerful music and timeless themes.

In the opinion of the late composer himself, this is his greatest operatic achievement. “For a limited engagement this October, we are proud to be partnering with Livermore Valley Opera,” notes the National Steinbeck Center’s Marketing Director, Tory Bright. “Featuring archival showings selected by the Steinbeck Center’s archivist, Lisa Josephs, all opera attendees have an opportunity, during the intermission of each performance, to celebrate the creativity inspired by the words of Salinas native, John Steinbeck.” ““What Carlisle Floyd has done with his magnificent score is to heighten every emotional moment,” adds Jacobs. “It’s an opera about loneliness, connection and the power of friendship, and it requires a cast of great singers who are also great actors. Luckily we have that in this cast.” “We have assembled a stellar cast,” says Erie Mills, LVO’s Artistic Director, “and in the intimacy of the Bankhead Theater, you will be swept back in time.” Tickets are available at the Bankhead Theater in Livermore. • Season Opening Night Dinner at Uncle Yu’s at the Vineyard, 4:00pm. (Separate ticket purchase required at a price of $125 per person). * Event Location
Bankhead Theater 2400 Frist Street Livermore, CA 94550
Previous event dates (if applicable)
**SKIPPED**
* How will grant be used?
Grant funds will be used to help cover marketing and advertising expenses as well costs related to transportation for out-of-town artists.

City contribution to prior events (if applicable)
N/A
* Estimated attendance (please indicate basis for attendance) Average of 320 attendees per performance multiplied by 4 performances for estimated total attendence of 1,278 * Estimated percentage (%) of attendees from out of town 40 * Describe advertising or publicity directed at non-Livermore residents Advertising and publicity aimed at non-Livermore residents includes distribution of prrited marketing materials to areas outside of Livermore as well as print and digital advertising in such publications as Pleasanton Weekly, Stroll Magazine Tri-City Voice, Diablo Magazine, Bay Area News Group (East Bay Times and Mercury News)in addition to radio advertising with KKIQ and KDFC, online advertising with San Francisco Classical Voice and submissions to 30 online/print publication calendars to promote this event in communities spanning across the San Francisco Bay Area through "Full Calendar." Finally, our regular email communications reach an estimated audience of approximately 3,350 recipients, substantial percentage of whom reside in locations outside of Livermore. Livermore Valley Opera has also forged a partnership with the National Steinbeck Center in Salinas with the goal of building community bridges and expanding awareness of both organizations. LVO also currently engages in a number of cross-promotional efforts with organizations in other Bay Area communities in order to attract a broader audience to attend world class performances in Livermore.

Page | 1
DocuSign Envelope ID: B57A5D1E-8319-4AEA-B8E8-E72D87C1B9B3

EXHIBIT B
153
* Describe how the event will benefit Livermore
The productions that Livermore Valley Opera presents twice per season benefit the City of Livermore in a number of ways. Firstly, events like our Season Opening Night Dinner at Uncle Yu's at the Vineyard are an example of supporting Livermore businesses including wine sponsors that promote their brand at these events. For each performance, both Livermore and non-Livermore residents have the opportunity to gather either before or after the performances to enjoy some of Livermore's restaurants, breweries, wineries and other businesses that showcase all of the wonderful businesses that this city has to offer. Over the past three decades LVO has a successful track record of promoting the Livermore as a hub of Arts and Culture, as well as attracting audiences from near and far to enjoy our events.

Additional comments
Livermore Valley Opera also engages in an extensive community and educational outreach program that not only serves Livermore but also Pleasanton and Dublinresidents.

The educational outreach program serves over 10,000 elementary school students in all three cities, as well as offering master classes to middle and high school students in these communities. The community outreach program serves hundreds of residents of retirement communities both in Livermore and Pleasanton and helps bring culture to enrich the lives of these residents.

Page | 2
DocuSign Envelope ID: B57A5D1E-8319-4AEA-B8E8-E72D87C1B9B3

EXHIBIT B
154

EXHIBIT B

INSURANCE

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

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

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

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

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

3. Any failure to comply with reporting or other provisions of the policy, DocuSign Envelope ID: B57A5D1E-8319-4AEA-B8E8-E72D87C1B9B3

EXHIBIT B
155
including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.

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

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

DocuSign Envelope ID: B57A5D1E-8319-4AEA-B8E8-E72D87C1B9B3

EXHIBIT B
156
157
158
159
160
161
162
163
164
165
166
167

GRANT AGREEMENT BETWEEN CITY OF LIVERMORE
AND

QUEST SCIENCE CENTER

FOR FIS
CAL YEAR 2023/2024

THIS AGR
EEMENT, entered into this ______ day of ______________________, 2023 between the City of Livermore, a municipal corporation (“City”), and Quest Science Center, a California nonprofit corporation (“Grantee”).

RECITALS

A. The City i
s entering into a grant agreement with Grantee for fiscal year 2023- 2024.

B. The Grantee’s mission is to inspire & nurture everyday exploration for lifelong engagement with science & technology.

AGREEMENT

NOW THEREFO
RE, the parties agree that the above recitals are true and correct and further agree as follows:

2. Grant Amount. The City will issue, and Grantee will use, funds in the amount of $2,000.00 (the “Grant Funds”) to perform the activities consistent with the terms and conditions of this Grant Agreement. City will provide the Grant Funds to Grantee within 30 days of the date on which this Agreement is executed by both the City and Grantee.

3. Time for Performance. Grantee shall complete its Grant Activities prior to June 30, 2024.

DocuSign Envelope ID: 377B6DF4-701D-41EC-A22E-6E9BBC328D89

EXHIBIT C
168

5. Independent Contractor . Nothing contained in this Grant Agreement is intended to, nor shall be construed in any manner to, create or establish the relationship of employer/employee between the City and Grantee. The City shall have no role in approving, planning, sanctioning, authorizing or controlling the Grant Activities or any activity Grantee undertakes. Grantee shall at all times remain an i ndependent contractor with respect to the services funded by this Grant Agreement. City shall be exempt from payment of all unemployment compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance stemming from any of Grantee’s work, as Grantee is an i ndependent contractor.

6. Documentation and Recordkeeping

(a) Grantee shall maintain r ecords providing a full description of each such Grant Activity and the date(s) on which the activity occurred. (b) Grantee shall retain all records pertinent to expenditures incurred in the performance of the Grant Activities u nder this Grant Agreement and expenditure of Grant Funds for a period of two (2) years after the end of any activity funded pursuant to this Grant Agreement.

(b) The City’s notice of termination for cause must be provided in writing at least ten (10) calendar days before the effective date of termination.

(c) In the event the City terminates this Grant Agreement for cause , Grantee shall return all of the Grant Funds awarded which shall be submitted to the City’s General Fund for reallocation.

DocuSign Envelope ID: 377B6DF4-701D-41EC-A22E-6E9BBC328D89

EXHIBIT C
169

9. Insurance. Grantee shall procure and maintain insurance during the term of this Grant Agreement in the amounts and under the terms set forth in Exhibit “B” attached hereto against all claims that may arise from or in connection with this Grant Agreement. Upon reasonabl e written notice, Grantee shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by the City’s Risk Manager.

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

TO CITY: City of Livermore
Attn: Brandon Cardwell,
Innovation and Economic Development Director
1052 S. Livermore Avenue
Livermore, California 94550

TO GRANTEE: Quest Science Center
Attn: Monya Lane,
Chief Executive Officer (CEO)
P.O. Box 2129
Livermore, CA 94551

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

Signatures and Attachment List on the Next Page
DocuSign Envelope ID: 377B6DF4-701D-41EC-A22E-6E9BBC328D89

EXHIBIT C
170
In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Grant Agreement, effective on the d ate first written above.

GRANTEE: Dated:

Quest Science Center

____________________________ ___________________________ By: Monya Lane
Title: CEO

CITY OF LIVERMORE: Dated:

____________________________ ____________________________ Brandon Cardwell
Innovation & Economic Development Director

APPROVED AS TO FORM:

___________________________
Deputy/Assistant/City Attorney

Attachments:

Exhibit A – Grant Activities
Exhibit B – Insurance Requirements
Exhibit C – City Logo Use Guidelines

DocuSign Envelope ID: 377B6DF4-701D-41EC-A22E-6E9BBC328D89 10/3/2023 | 8:52 AM PDT

EXHIBIT C
171
7RXULVP DQG 6SHFLDO (YHQW *UDQW 5HTXHVW
*UDQW 3HULRG
-XO\ -XQH

$SSOLFDQW 1DPH
0RQ\D /DQH

(PDLO
PODQH#TXHVWVFLHQFHRUJ

3KRQH

)XOO $GGUHVV
32 %R[

/LYHUPRUH &$

6SRQVRULQJ 1RQ3URILW 2UJDQL]DWLRQ
4XHVW 6FLHQFH &HQWHU

1DPH RI (YHQW
6FLHQFH#6WRFNPHQ¶V 3DUN

(YHQW 'DWH
V

-XO\ $XJ 2FW 2FW DQG 7%' 0D\ DQG -XQH

'HVFULSWLRQ RI (YHQW
([SORUH HYHU\GD\ VFLHQFH DW 6FLHQFH#6WRFNPHQ¶V 3DUN D IUHH PRQ WKO\ RXWGRRU HYHQW IRU FKLOGUHQ WHHQV DQG DGXOWV )URP 0D\ WK URXJK 2FWREHU 6FLHQFH#6WRFNPHQ¶V 3DUN RIIHUV IXQ VFLHQFH DFWLYLWLHV VWDJH VKRZV PXVLF DQG PRUH (D FK HYHQW IHDWXUHV D GLIIHUHQW WKHPH DQG KDQGVRQ DFWLYLWL HV ZLWK VRPHWKLQJ IRU HYHU\RQH 5HFHQW WKHPHV ZHUH 6RXQG 6HQVDWLRQV DQG :HDWKHU :RQGHUV 8SFRPLQJ WKHP HV DUH (QJLQHHULQJ (QFRXQWHUV RQ 2FW LQ VXSSRUW RI %D\ $UHD 0DQXIDFWXULQJ :HHN DQG +DOORZHHQ +LMLQNV RQ 2FW

(YHQW /RFDWLRQ
6WRFNPHQ¶V 3DUN
6RXWK /LYHUPRUH $YH GRZQWRZQ
3UHYLRXV HYHQW GDWHV

LI DSSOLFDEOH

0D\ DQG -XQH

+RZ ZLOO JUDQW EH XVHG"
7KLV JUDQW ZLOO EH XVHG WR VXSSRUW HYHQW H[SHQVHV LQ WKH DUHDV RI D PDUNHWLQJ DQG DGYHUWLVLQJ FRVWV IRU HDFK XQLTXHO\ WKHPHG HYHQW DV ZHOO DV WKH RYHUDOO PRQWKO\ VHULHV E
HYHQW VXSSOLHV WKDW DUH SDUWLFXODU WR HDFK XQLTXH WKHPH DQG F PDWHULDOV DQG HTXLSPHQW WKDW VXSSRUW WKH VHULHV RI VL[ HYHQW V &LW\ FRQWULEXWLRQ WR SULRU HYHQWV

LI DSSOLFDEOH

7RXULVP DQG 6SHFLDO (YHQW *UDQW

(VWLPDWHG DWWHQGDQFH

SOHDVH LQGLFDWH EDVLV IRU DWWHQGDQFH

:H HVWLPDWH DW OHDVW YLVLWRUV IRU VL[ HYHQWV 7KLV LV WKH WKLUG \HDU RI RXU 6FLHQFH#6WRFNPHQ¶V 3DUN PRQWKO\ VHULHV DQG LQ ZH KDG RYHU YLVLWRUV DPRQJ VHYHQ HYHQWV

(VWLPDWHG SHUFHQWDJH

RI DWWHQGHHV IURP RXW RI WRZQ

'HVFULEH DGYHUWLVLQJ RU SXEOLFLW\ GLUHFWHG DW QRQ/LYHUPRUH UHVLGHQWV 0DUNHWLQJ DQG SXEOLFLW\ DUH EURDGO\ GLVWULEXWHG WKURXJKRXW WKH 7UL9DOOH\ UHJLRQ DQG 7UDF\ YLD VFKRRO GLVWULFWV OLEUDULHV D YDULHW\ RI FRPPXQLW\ RUJDQL]DWLRQV VRFLDO PHGLD DQG DGYHUWLVLQJ 4XHVW 6FLHQFH &HQWHU DOVR PDUNHWV WKURXJK RXU QHZVOHWWHU ZKLFK LQFOXGHV SHRSOH IURP DOO RYHU WKH ED\ DUHD ZKR DWWHQG RXU DQQXDO VSULQJ ,QQRYDWLRQ )DLU DW WKH &RXQW\ )DLUJURXQGV

'HVFULEH KRZ WKH HYHQW ZLOO EHQHILW /LYHUPRUH
6FLHQFH#6WRFNPHQ¶V 3DUN EHQHILWV /LYHUPRUH LQ WZR SULPDU\ ZD\V
:H DUH WKH ILUVW GRZQWRZQ SODQ GHYHORSHU WR UHJXODUO\ DFWLYDWH 6WRFNPHQ¶V 3DUN XS WR SDUWLFLSDQWV HDFK PRQWKO\ HYHQW HYHQ EHIRUH D SHUPDQHQW VFLHQFH FHQWHU LV FRQVWUXFWHG DQG /LYHUPRUH LV EHFRPLQJ NQRZQ IRU WKHVH IDPLO\IULHQGO\ VFLHQFH HYHQWV E\ YLVLWRUV IURP QHLJKERULQJ FRPPXQLWLHV ZLWKLQ WKH 7UL9DOOH\ DQG RXWVLGH WKH 7UL9DOOH\ DUHD ZLWK PDQ\ UHSHDW YLVLWRUV :H DOV R KDYH SDUWQHU RUJDQL]DWLRQV IURP RXWVLGH /LYHUPRUH SDUWLFLSDWH LQ RXU HYHQWV VXFK DV &ORUR[ /DZUHQFH + DOO RI 6FLHQFH DQG 8& 0HUFHG $GGLWLRQDO FRPPHQWV
$ VLGH EHQHILW RI 6FLHQFH#6WRFNPHQ¶V 3DUN LV WKDW LW DOVR DWWUDFWHG D SDUWQHU RUJDQL]DWLRQ +DELWRW &KLOGUHQ¶V 0XVHXP LQ (PHU\ YLOOH WR EULQJ WKHLU WUDYHOLQJ SURJUDP DQG SUHVHQW WKHLU RZQ SXEOLF HYHQW DW 6WRFNPHQ¶V 3DUN IRU \RXQ J FKLOGUHQ XS WR D JH 3DJH _

EXHIBIT A-GRANT ACTIVITIES
DocuSign Envelope ID: 377B6DF4-701D-41EC-A22E-6E9BBC328D89

EXHIBIT C
172

EXHIBIT B

INSURANCE REQUIREMENTS

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

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

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

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

3. Any failure to comply with reporting or other provisions of the policy, DocuSign Envelope ID: 377B6DF4-701D-41EC-A22E-6E9BBC328D89

EXHIBIT C
173
including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.

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

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

DocuSign Envelope ID: 377B6DF4-701D-41EC-A22E-6E9BBC328D89

EXHIBIT C
174
175
176
177
178
179
180
181
182
183
184
185

GRANT AGREEMENT BETWEEN CITY OF LIVERMORE
AND

ROTARY CLUB OF LIVERMORE

FOR FISCA
L YEAR 2023/2024

THIS AGREE
MENT, entered into this ______ day of ______________________, 2023 between the City of Livermore, a municipal corporation (“City”), and Rotary Club of Livermore, a Nonprofit Corporation (“Grantee”).

RECITALS
A. The Cit
y is entering into a grant agreement with Grantee for fiscal year 2023/2024.

B. The Grantee’s mission is to honor our Town's "Western Heritage", support the "Livermore Rodeo", and to provide a fun event for the community.

AGREEMENT

NOW THEREF
ORE, the parties agree that the above recitals are true and correct and further agree as follows:

2. Grant Amount. The City will issue, and Grantee will use, funds in the amount of $2,000.00 (the “Grant Funds”) to perform the activities consistent with the terms and conditions of this Grant Agreement. City will provide the Grant Funds to Grantee within 30 days of the date on which this Agreement is executed by both the City and Grantee.

3. Time for Performance. Grantee shall complete its Grant Activities prior to June 30, 2024.

DocuSign Envelope ID: 72447091-15E7-4DB6-919A-F5D67FB3074B

EXHIBIT D
186

5. Independent Contractor . Nothing contained in this Grant Agreement is intended to, nor shall be construed in any manner to, create or establish the relationship of employer/employee between the City and Grantee. The City shall have no role in approving, planning, sanctioning, authorizing or controlling the Grant Activities or any activity Grantee undertakes. Grantee shall at all times remain an i ndependent contractor with respect to the services funded by this Grant Agreement. City shall be exempt from payment of all unemployment compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance stemming from any of Grantee’s work, as Grantee is an i ndependent contractor.

6. Documentation and Recordkeeping

(a) Grantee shall maintain r ecords providing a full description of each such Grant Activity and the date(s) on which the activity occurred. (b) Grantee shall retain all records pertinent to expenditures incurred in the performance of the Grant Activities under this Grant Agreement and expenditur e of Grant Funds for a period of two (2) years after the end of any activity funded pursuant to this Grant Agreement.

(b) The City’s notice of termination for cause must be provided in writing at least ten (10) calendar days before the effective date of termination.

(c) In the event the City terminates this Grant Agreement for cause, Grantee shall return all of the Grant Funds awarded which shall be submitted to the City’s General Fund for reallocation.

DocuSign Envelope ID: 72447091-15E7-4DB6-919A-F5D67FB3074B

EXHIBIT D
187

9. Insurance. Grantee shall procure and maintain insurance during the term of this Grant Agreement in the amounts and under t he terms set forth in Exhibit “B ” attached hereto against all claims that may arise from or in connection with this Grant Agreement. Upon reasonable written notice, Grantee shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by the City’s Risk Manager.

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

TO CITY:

City of Livermore
Attn: Brandon Cardwell,
Innovation and Economic Development Director
1052 S. Livermore Avenue
Livermore, California 94550
TO GRA
NTEE: Livermore Rodeo Parade
Attn: Sheila Fagliano
President
P.O. Box 845
Livermore, CA 94551

12. Waiver.

Failure to insist upon the strict performance of any term or conditions in this Grant Agreement, no mat ter 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.

14. Counterparts. This Grant Agreement may be executed in counterpart by delivering a facsimile or secure electronic copy of the signed agreement to the other party, followed by delivery of the original documents bearing the original signatures. Failure to deliver the original documents does not affect the enforceability of this Agreement. ****************************************************
***********************************************
Signat
ures and Attachment List on the Next Page
DocuSign Envelope ID: 72447091-15E7-4DB6-919A-F5D67FB3074B

EXHIBIT D
188
In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Grant Agreement, effective on the date first written above.

GRANTEE: Dated:

Rotary Club of Livermore

____________________________ ___________________________ By: Sheila Fagliano
Title: President

CITY OF LIVERMORE: Dated:

____________________________ ____________________________ Brandon Cardwell
Director of Innovation and Economic Development

APPROVED AS TO FORM:

_______________________ __
Assistant/City Attorney

Attachments:

Exhibit A – Grant Activities
Exhibit B – Insurance Requirements
Exhibit C – City Logo Use Guidelines

DocuSign Envelope ID: 72447091-15E7-4DB6-919A-F5D67FB3074B 10/2/2023 | 3:35 PM PDT

EXHIBIT D
189
190

EXHIBIT B

INSURANCE REQUIREMENTS

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

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

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

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

3. Any failure to comply with reporting or other provisions of the policy, DocuSign Envelope ID: 72447091-15E7-4DB6-919A-F5D67FB3074B

EXHIBIT D
191
including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.

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

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

DocuSign Envelope ID: 72447091-15E7-4DB6-919A-F5D67FB3074B

EXHIBIT D
192
193
194
195
196
197
198
199
200
201
202
203
G
rant Agreement Page 1 of 4
Rev. 3/2023

GRANT AGREEMENT BETWEEN CITY OF LIVERMORE
AND
SHAKESPEARE'S ASSOCIATES, INC.

F
OR FISCAL YEAR 2023/2024
T
HIS AGREEMENT, entered into this ______ day of ______________________, 2023 between the City of Livermore, a municipal corporation (“City”), and Shakespeare's Associates, Inc. dba Shakespeare & Performing Arts Regional Company (SPARC), a Nonprofit Corporation (“Grantee”).

RECI
TALS
A. The C
ity is entering into a grant agreement with Grantee for fiscal year 2023/2024.

B. The Grantee’s mission is to creat e community through the production of high- quality professional theater experiences. The Association's event Shakespeare in the Vineyards draws theater lovers, locals, and tourists to the Livermore Valley.

AGREEMENT
NO
W THEREFORE, the parties agree that the above recitals are true and correct and further agree as follows:

1. Grant Activities. Grantee is responsible for its continuing operations. As part of its continuing operations, Grantee will apply the Grant funds to market and promote the City's Downtown and historic Livermore Valley Wine region through Shakespeare in the Vineyards event on June 22- August 6, 2023 as outlined in Exhibit “A” (“Grant Activities”).

2. Grant Amount. The City will issue, and Grantee will use, funds in the amount of $2,000.00 (the “Grant Funds”) to perform the activities consistent with the terms and conditions of this Grant Agreement. City will provide the Grant Funds to Grantee within 30 days of the date on which this Agreement is executed by both the City and Grantee.

3. Time for Performance. Grantee shall complete its Grant Activities prior to June 30, 2024.

DocuSign Envelope ID: 8CA9E30B-7131-4EBC-85E6-0F1111D1317B

EXHIBIT E
204

Grant Agreement Page 2 of 4
Rev. 3/2023

5. Independent Contractor. Nothing contained in this Grant Agreement is intended to, nor shall be construed in any manner to, create or establish the relationship of employer /employee between the City and Grantee. The City shall have no role in approving, planning, sanctioning, authorizing or controlling the Grant Activities or any activity Grantee undertakes. Grantee shall at all times remain an independent contractor with respect to the services funded by this Grant Agreement. City shall be exempt from payment of all u nemployment compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance stemming from any of Grantee’s work, as Grantee is an independent contractor.

6. Documentation and Recordkeeping

(b) The City’s notice of termination for cause must be provided in writing at least ten (10) calendar days before the effective date of termination.

(c) In the event the City terminates this Grant Agreement for cause , Grantee shall return all of the Grant Funds awarded which shall be submitted to the City’s General Fund for reallocation.

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

9. Insurance. Grantee shall procure and maintain insurance during the term of this Grant Agreement in the amounts and under the terms set forth in Exhibit “B” attached hereto against all claims that may arise from or in connection with this Grant Agreement. Upon reasonable written notice, Grantee shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by the City’s Risk Manager.

10. Amendment. Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is lost or destroyed, an archival copy DocuSign Envelope ID: 8CA9E30B-7131-4EBC-85E6-0F1111D1317B

EXHIBIT E
205

Grant Agreement Page 3 of 4
Rev. 3/2023
maintained by City can be used in place of the original for all purposes with the same effect as if it was the original.

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

TO CITY: C ity of Livermore
Attn: Brandon Cardwell
Director of Innovation & Economic Development
1052 S. Livermore Avenue
Livermore, California 94550

TO GRANTEE: Shakespeare's Associates, Inc.

Attn: Lisa Tromovitch
Producing Artistic Director
2172 Railroad Avenue
Livermore, CA 94550

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

Signatures and Attachment List on the Next Page
DocuSign Envelope ID: 8CA9E30B-7131-4EBC-85E6-0F1111D1317B

EXHIBIT E
206

Grant Agreement Page 4 of 4
Rev. 3/2023
In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Grant Agreement, effective on the date first written above.

GRANTEE: Dated:

Shakespeare's Associates, Inc

____________________________ ___________________________ By: Lisa Tromovitch
Title: Producing Artistic Director

CITY OF LIVERMORE: Dated:

____________________________ ____________________________ Brandon Cardwell
Director of Innovation & Economic Development

APPROVED AS TO FORM:

___________________________
Assistant/City Attorney

Attachments:

Exhibit A – Grant Activities
Exhibit B – Insurance Requirements
Exhibit C – City Logo Use Guidelines

DocuSign Envelope ID: 8CA9E30B-7131-4EBC-85E6-0F1111D1317B 10/4/2023 | 8:00 AM PDT

EXHIBIT E
207
Tourism and Special Event Grant Request
Grant Period: July 1, 2023 - June 30, 2024
* Applicant Name
Ms. Lindsey Schmeltzer
* Email
[email protected]
* Phone
(925) 443-2273
* Full Address
2172 Railroad Ave
Livermore CA 94550-3122
Sponsoring Non-Profit Organization
SPARC Theater
* Name of Event
Shakespeare in the Vineyard
* Event Date(s)
June 22 to August 6, 2023
* Description of Event
Shakespeare in the Vineyard is the flagship program of SPARC Theater. For twenty years, in partnership with four different Livermore winegrowers, we have produced fully staged and professionally designed plays, performing in outdoor venues where audiences can celebrate the art and ambience with friends and family. SPARC Theater is a non-profit 501(c)(3) professional theater company. In 2023, we will be performing two plays over the course of seven weekends from June 22 to August 6, 2023, at Darcie Kent Vineyard in Livermore. At SPARC, we are committed to creating community through the production of high-quality professional theater experiences. We produce and support theatrical events which celebrate the human adventure, inspired by the poetry and rhetoric of William Shakespeare, who gave voice to our deepest experiences. We are creating a company that is accessible and fully integrated with the Tri-Valley community and invite the participation of our Central Valley and Greater Bay Area neighbors.

The other wing of SPARC is our Education programs, which bring the power of imaginative language to students through in-class sessions, after-school programs, and summer camps. In partnership with the Livermore Valley Joint Unified School District, we provide teaching artists at no cost to every second-grade cla ss for ten weeks of creative play and critical thinking in a program called "So Wise So Young." * Event Location
We have constructed a stage and will be bringing in specialized lighting to perform outdoors at Darcie Kent Vineyards 7000 Tesla Rd Livermore, CA 94550 Previous event dates (if applicable)
Each summer from 2003 to 2019, and 2022, at Retzlaff, Concannon, Wente, and Darcie Kent vineyards. * How will grant be used?
This Livermore Tourism grant will be used to promote our Shakespeare in the Vineyard 2023 season of two plays – “Silent Sky,” a contemporary play about 19th-century astronomer Henrietta Leavitt by Lauren Gunderson, and “Much Ado About Nothing” by William Shakespeare. Our marketing plan includes social media, display advertising, kiosk posters, and mailing a brochure to approximately 4,000 theater patrons outside of Livermore. Our goal is to attract these out-of-town audiences to Shakespeare in the Vineyards, Livermore’s hotels, downtown and wine country. We estimate our total marketing expenses will be $25,000 this year.

City contribution to prior events (if applicable)
The City of Livermore has supported our summer festivals with City Tourism Grants in 2007, 2008, 2009, 2011, 2012, 2015, 2016, 2017, 2018, 2019, and 2022. These grants helped build our annual audiences of over 5500 theatergoers in recent years. We gratefully received Project & Program grants in 2017 (toward increasing compensation for the artists) and 2019 (toward building the stage at Darcie Kent Vineyards), and a Covid Relief Grant in 2021. * Estimated attendance (please indicate basis for attendance) We expect 3500 attendees in 2023. Pre-pandemic years brought in over 5000. In our first year back to live performances in 2022, we welcomed over 2500 theatergoers. * Estimated percentage (%) of attendees from out of town 45 * Describe advertising or publicity directed at non-Livermore residents Our Summer Festival marketing campaign promotes a visit to Shakespeare in the Vineyard along with the Darcie Kent Vineyard experience. Our advertising outside Livermore includes the San Francisco Chronicle, Bay Area News Group media publications, KQED National Public Radio, Diablo Magazine, newspapers in Tracy and Fremont, and a comprehensive digital advertising campaign focused on the other Tri-Valley cities and the South Bay. We also feature a “Plan Your Visit” webpage promoting the wine region, local breweries, the award-winning downtown shopping and dining district, spas, golf, the Premium outlets, and hiking trails. * Describe how the event will benefit Livermore
SPARC Theater shines a light on stories and storytellers in the Livermore Valley, bringing the community together to imagine new futures, to recognize ourselves in stories not our own, and to share laughter under the stars. Shakespeare in the Vineyard not only brings together culture and community in our esteemed wine country but also draws many visitors from outside of Livermore. We introduce these tourists to our rich cultural attractions, our award-winning downtown shopping and dining district, and our Exhibit A-Grant Activities
DocuSign Envelope ID: 8CA9E30B-7131-4EBC-85E6-0F1111D1317B

EXHIBIT E
208
gorgeous wine country in the hopes that they will continue to return and patronize our tourism attractions.

Additional comments
We appreciate the opportunity to apply, and look forward to continuing partnerships with the City of Livermore.

Exhibit A-Grant Activities
DocuSign Envelope ID: 8CA9E30B-7131-4EBC-85E6-0F1111D1317B

EXHIBIT E
209
Revised 9/21/2015 B15 – 1M GL Only

Page 1 ends

EXHIBIT B

INSURANCE REQUIREMENTS

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

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

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

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

3. Any failure to comply with reporting or other provisions of the policy, DocuSign Envelope ID: 8CA9E30B-7131-4EBC-85E6-0F1111D1317B

EXHIBIT E
210
Revised 9/21/2015 B15 – 1M GL Only

Page 2 ends

including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.

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

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

DocuSign Envelope ID: 8CA9E30B-7131-4EBC-85E6-0F1111D1317B

EXHIBIT E
211
BRAND

GUIDELINES
INTRODUCTION .................................2
LOGO USAGE ......................................3
TYPOGRAPHY .....................................8
COLOR ................................................9 DocuSign Envelope ID: 8CA9E30B-7131-4EBC-85E6-0F1111D1317B

EXHIBIT E
212
2 Brand Guidelines

INTRODUCTION
As a unique community amongst over 400 California cities, the brand for the City of Livermore is critical—it builds recognition and trust, and it’s a reflection of our spirit. Livermore has a rich history and a dynamic future—we honor both past and future by putting forth a consistent, engaging appearance for our communications and media. We are stewards of the Livermore brand. To make our communications strategy effective, we need our materials to express Livermore’s core values:

RICH HISTORY ROOTED

IN WESTERN HERITAGE

CONNECTION TO

THE LAND THROUGH

VITICULTURE AND OPEN

SPACE PRESERVATION

EDUCATED AND

FORWARD-THINKING

COMMUNITY

EXEMPLIFIED BY SCIENCE

AND TECHNOLOGY

SHARING OF THE

HUMAN SPIRIT

THROUGH ARTS AND

CULTURE
By communicating these values clearly and consistently, Livermore will benefit from a unique identity that resonates with residents, businesses, neighbors and visitors from near and far.

BRAND INTEGRITY
The way we communicate through visual, digital and
written communications helps strengthen our connection
with residents as well as the wider world. These Brand
Guidelines are an important tool to ensure that a
consistent tone, look and feel are conveyed. Ultimately, this means that the City’s messaging will be more effective.

Ultimat
ely, it is people that maintain
and protect the City’s brand, so
please join in the effort to uphold
these guidelines. With everything the
City of Livermore has to offer, each
day is another chance to share that
“There’s More Here.”

SUB-BRANDING
Sub-branding is the creation of visuals and materials that are unique to a given department, event or initiative, not fully reflecting the overall City brand appearance. For instance, the Livermore Police Department sub-brand.

Sub-branding must be in alignment with the City’s overall brand. Such sub-branding may be requested for projects, events, committees or other special uses. Contact the
Public Information Officer for any requests or questions regarding sub-branding.

If you have any questions, please
reach out to the Public Information
Officer by contacting the City:
925-960-4000
communications@LivermoreCA
.gov
DocuSign Envelope ID: 8CA9E30B-7131-4EBC-85E6-0F1111D1317B

EXHIBIT E
213
3 Brand Guidelines

LOGO USAGE
Standard Version
The logo is comprised
of these four parts.

The logo is comprised of four parts: the capital letters “CITY OF”, “LIVERMORE”, “CALIFORNIA” and a graphic grape leaf. The type is a customized combination of display caps and ITC Legacy Sans Serif fonts; the blue color telegraphs stability, trust and accessibility. The stylized leaf, illustrated in an earthy olive green, symbolizes the growth and vitality that lives throughout the City. The logo is incomplete if any of these elements are deleted.

Other Logo Configurations
There are cases in which other configurations are permitted. Specific guidance is provided later in these Guidelines.

* Limited-use logos are for specific audiences or design considerations. The Public Information Officer (PIO) can advise. ** Department/division logos are available through the PIO. New logos should not be generated without approval.

Reach the Public Information Officer by contacting the City: 925-960-4000 / [email protected] CASUAL
Livermore

STANDARD
City of Livermore
LIMITED USE: SLOGAN*
Livermore
Tagline
CASUAL
Livermore
Stacked

STANDARD VERTICAL
City of Livermore
Stacked

STANDARD STACKED
City of Livermore
Stacked
CUSTOMIZABLE**
City of Livermore
Departments
LIMITED USE*
Livermore
Arched
LIMITED USE*
City of Livermore
Arched

GRAPHIC ASSET
Leaf or Leaf Circle
CASUAL
Livermore

STANDARD
City of Livermore
LIMITED USE: SLOGAN*
Livermore
Tagline
CASUAL
Livermore
Stacked

STANDARD VERTICAL
City of Livermore
Stacked

STANDARD STACKED
City of Livermore
Stacked
CUSTOMIZABLE**
City of Livermore
Departments
LIMITED USE*
Livermore
Arched
LIMITED USE*
City of Livermore
Arched

GRAPHIC ASSET
Leaf or Leaf Circle
CASUAL
Livermore

STANDARD
City of Livermore
LIMITED USE: SLOGAN*
Livermore
Tagline
CASUAL
Livermore
Stacked

STANDARD VERTICAL
City of Livermore
Stacked

STANDARD STACKED
City of Livermore
Stacked
CUSTOMIZABLE**
City of Livermore
Departments
LIMITED USE*
Livermore
Arched
LIMITED USE*
City of Livermore
Arched

GRAPHIC ASSET
Leaf or Leaf Circle
DocuSign Envelope ID: 8CA9E30B-7131-4EBC-85E6-0F1111D1317B

EXHIBIT E
214
4 Brand Guidelines
Logo Coloring
The logo colors are periwinkle blue
and olive green. The logo should be
used in color whenever possible. Never
alter colors or tints of the logo.

The medium for reproducing the logo
(print vs. digital) determines which
colors are specified. The printing
process uses Pantone inks or 4-color
process inks. Digital/web colors are
based on RGB colors. The colors are
shown to the right.

The color logo should be featured
on a white background whenever
possible to promote readability. This
uncluttered look contributes to the
specialness of the logo.

BLUE
PANTONE: 100% PMS 5275
4-C PROCESS: 70% cyan, 62% magenta, 27% yellow, 6% black RGB: 96 red, 100 green, 137 blue / HEX: #606489
GREEN
PANTONE: 100% PMS 5845
4-C PROCESS: 35% cyan, 22% magenta, 76% yellow, 1% black RGB: 174 red, 175 green, 95 blue / HEX: #aeaf5f
BLACK
PANTONE: 100% black
4-C PROCESS: 100% black
RGB: 51 red, 51 green, 51 blue / HEX: #050606
GRAY
PANTONE: 50% black
4-C PROCESS: 50% black
RGB: 153 red, 153 green, 153 blue / HEX: #90948c

BACKGROUND CONTRAST
Contrast is an important part of visual accessibility. Depending on the background, a solid black logo or solid white logo is sometimes necessary. For dark backgrounds, use a white logo. For light backgrounds in which the blue/green logo does not have enough contrast, use a black logo. Consider avoiding complicated background photos. If necessary, underlay the logo with opaque box to increase contrast. When in doubt, err on the side of increasing contrast.

Low Contrast Contrast
Pro tip: for non-decorative elements, like text or information, foreground color should be roughly 4.5X brighter or darker than the background color to satisfy industry minimum WCAG AA recommendation. 7X brighter satisfies full AAA recommendation. Smaller text requires more contrast. There are numerous online tools to assist in measuring contrast.

DocuSign Envelope ID: 8CA9E30B-7131-4EBC-85E6-0F1111D1317B

EXHIBIT E
215
5 Brand Guidelines
Logo Integrity
Maintain the type font, size and spacing between the logo elements: text, icon and tagline. These elements should not be recolored or repositioned in any way other than specified in this guide.

MINIMUM SIZE
Size matters and using the logo too
small compromises its integrity.

Note the minimum width shown here
for using the logos and icons at their
smallest permissible sizes.
1-1/2in 3/8in

PROTECTIVE AREA AROUND THE LOGO
A generous protective space around the logo is an
essential element of the logo’s design and success.

Never place another logo, type or graphic element
in this clearspace. Do not place the logo on any
complicated or photographic background.

The protective clearspace around the logo is
determined by the height of the capital letter
“L” as noted with an “x.” This clearspace is
required for all logo versions.

VERTICALLY CENTERING THE LOGO
Note that the high visual “center of gravity”
for the non-tagline logo. For cases where
the non-tagline logo is vertically centered in
space, note that the center line should fall in
the vertical middle of the “LIVERMORE” text.

Same holds true for all logos.

Vertically center on “Livermore” text.

DocuSign Envelope ID: 8CA9E30B-7131-4EBC-85E6-0F1111D1317B

EXHIBIT E
216
6 Brand Guidelines
Alternate Logo Configurations
TAGLINE Includes “There’s More Here” marketing text.

The tagline acts as a marketing message and should be used discriminately when that message is relevant. This language reflects the opportunity for discovery and potential that awaits those unaware of or misguided in their impression of exploring the City.

FOR CONSISTENCY, THE TAGLINE SHOULD NEVER BE CHANGED TO A DIFFERENT MESSAGE.

ARCHED
For very limited uses, an arched version is possible,
but not encouraged. Please contact the Public
Inf
ormation Officer for permission.

DEPARTMENTS
A customized logo is available for use by departments/divisions. Please contact the Public Information Officer for permission or to be provided a special departmental logo.

NEW DEPARTMENT LOGOS TO BE CREATED ONLY WITH PIO PERMISSION.

ICON OPTIONS Can be used decoratively, or as a stand-alone icon, and can use any brand coloring.

ICONS CAN BE USED IN ADDITION TO, NOT INSTEAD OF, AN ACTUAL LIVERMORE LOGO.

STANDARD
Used for standard Livermore branding.

Unless there is a specific reason to use an alternate
configuration, it’s best to use standard logo. Certain
designs may work better with the stacked logo.

CASUAL
“City of” text not included.

Used in special cases where a casual tone is
permitted, or where a simpler logo is necessary.

Also exists on some older materials.

STANDARD

STANDARD VERTICAL STANDARD STACKED
DocuSign Envelope ID: 8CA9E30B-7131-4EBC-85E6-0F1111D1317B

EXHIBIT E
217
7 Brand Guidelines
Incorrect Logo use
Using the logo correctly as outlined in this guide ensures the strength of the logo and ultimately better represents the City of Livermore. There are many ways to misuse the logo and a few common examples are shown on this page. ✖ Do not rotate.
✖ Do not add special effects.
✖ Do not change colors.
✖ Do not distort.
✖ Do not use low-contrast.

There’s more here.

LIVERMORE
California
City of
✖ Do not change fonts.
✖ Do not resize or move elements.
a
✖ Do not use too small.
✖ Do not crowd.

DO
contact the Public Information Officer with any questions:
925-960-4000 / c
[email protected]
DocuSign Envelope ID: 8CA9E30B-7131-4EBC-85E6-0F1111D1317B

EXHIBIT E
218
8 Brand Guidelines

TYPOGRAPHY
Brand Fonts
MOST COMMONLY USED FOR PROFESSIONAL PRINTING. The City uses two fonts: Goudy, a serif font, and the ITC Legacy Sans sans-serif font family. These fonts support the overall identity and should be used whenever possible. Goudy is good for headers and special text sections, not for body text; do not use an italicized or bolded version. ITC Legacy Sans offers several weights, good for overall usage. Both font families may be used on the same piece of communication.

GOUDY
AaBbCcDdEeFfGgHhIiJjKkLlMmNnOoPpQqRrSsTtUuVvWwXxYyZz
Goudy: Regular (only) ... ALLCAPS permitted
ITC Legacy Sans
AaBbCcDdEeFfGgHhIiJjKkLlMmNnOoPpQqRrSsTtUuVvWwXxYyZz
Legacy Sans: Book AaBbCcDdEeFfGgHhIiJjKkLlMmNnOoPpQqRrSsTtUuVvWwXxYyZz Legacy Sans: Book Italic AaBbCcDdEeFfGgHhIiJjKkLlMmNnOoPpQqRrSsTtUuVvWwXxYyZz Legacy Sans: Medium AaBbCcDdEeFfGgHhIiJjKkLlMmNnOoPpQqRrSsTtUuVvWwXxYyZz Legacy Sans: Medium Italic AaBbCcDdEeFfGgHhIiJjKkLlMmNnOoPpQqRrSsTtUuVvWwXxYyZz Legacy Sans: Bold AaBbCcDdEeFfGgHhIiJjKkLlMmNnOoPpQqRrSsTtUuVvWwXxYyZz

FONT ALTERNATES
MICROSOFT OFFICE ALTERNATES: below are the alternates to use in Microsoft Office when the main brand fonts are unavailable. These are very common default fonts installed with most Microsoft applications and are good for documents that are being shared across multiple systems.

Microsoft Of/f_ice alternate to Goudy: Times New Roman
AaBbCcDdEeFfGgHhIiJjKkLlMmNnOoPpQqRrSsTtUuVvWwXxYyZz
Microsoft Of/f_ice alternate to ITC Legacy Sans: Calibri AaBbCcDdEeFfGgHhIiJjKkLlMmNnOoPpQqRrSsTtUuVvWwXxYyZz
FREE GOOGLE FONTS: below are the alternates to use when the above brand fonts are unavailable.

Some apps and online platf
orms, like Google Docs or Canva, are limited to Google fonts.

Google alternate to Goudy: Libre Baskerville
AaBbCcDdEeFfGgHhIiJjKkLlMmNnOoPpQqRrSs TtUuVvWwXxYyZz
Google alternate to ITC Legacy Sans: Nunito Sans
AaBbCcDdEeFfGgHhIiJjKkLlMmNnOoPpQqRrSsTtUuVvWwXxYyZz
DocuSign Envelope ID: 8CA9E30B-7131-4EBC-85E6-0F1111D1317B

EXHIBIT E
219
9 Brand Guidelines
COLOR
The primary Blue and Green signify the City’s brand. They are the dominant colors and should be used in everything that represents the City. The secondary color palette provides the ancillary coloring that all together create the City’s identifiable look and feel. The secondary colors are used in addition to the primary Blue and Green, not instead of them.

The grays and neutrals identified here provide additional design flexibility. Extra colors are provided to use sparingly, when the existing brand colors simply aren’t enough (e.g. as an accent when a strong highlight is needed, or when a whole spectrum is required).

Blue
Light Dark
Middle Tint
Light Dark
Middle Tint
Green
Sage
Secondary Brand Colors
Primary Brand Colors
Light Dark
Middle Tint
Grays
Extra Colors
Neutrals
Light Gray Black
Middle Gray
Dark
Gray
Red Orange Yellow Azure
Blue Neutral
Sage Neutral
Green Neutral
Gray Neutral
Additional colors can be sparingly used
when a strong accent color is necessary,
or if a spectrum of colors is required.

AccentBrand Spectrum
DocuSign Envelope ID: 8CA9E30B-7131-4EBC-85E6-0F1111D1317B

EXHIBIT E
220
10 Brand Guidelines
Color Detail
The brand colors are defined here, for several different formats. Digital/web colors are based on RGB or Hex colors. The printing process uses Pantone inks or CMYK (4-color process) inks. PMS code ‘C’ indicates an ink used for coated (glossy) paper and ‘U’ indicates is used for non-coated finishes.

WEBSITE COLORS HEX R G B
Blue Dark ■ #4F4174 79 65 116
Green ■ #A5A837 165 168 55
Sage Dark ■ #6D8877 109 136 119
Blue Lt ■ #E2E8F1 226 232 241
Gray Dk ■ #435148 67 81 72
Gray Mid ■ #6B737D 107 115 125

FULL CITY BRAND COLORS

PRIMARY PROMINENCE HEX R G B C M Y K PANTONE C PANTONE U Blue ■■■■■■■ #606489 96 100 137 70 62 27 6 5275 C 5275 U Green ■■■■■■■ #A5A837 165 168 55 35 22 76 0 5845 C 5845 U

SECONDARY
Sage ■■■■■ #8CAEA2 140 174 162 41 11 31 6 l 5565 C 5565 U Sage Dark ■■■ #6D8877 109 136 119 59 36 56 4 n/a n/a
Sage Mid ■■■ #ABCLB9 171 193 18S 24 10 19 0 50% 50%
Sage Lt ■■■ #C2DLCA 194 209 202 24 14 27 0 15% 15%

BLUE SHADE & TINTS
Blue Dark ■■■ #4F4174 79 65 116 79 83 27 12 n/a n/a
Blue Mid ■■■ #9194B6 145 148 182 56 39 13 0 50% 50%
Blue Lt ■■■ #E2E8F1 226 232 241 10 6 2 0 15% 15%

GREEN SHADE & TINTS
Green Dark ■■■ #8B8F36 139 143 54 48 31 100 8 n/a n/a
Green Mid ■■■ #C9CA87 201 202 135 23 12 57 0 50% 50%
Green Lt ■■■ #E4E5C3 228 229 195 11 4 27 0 15% 15%
Note: website colors are a
subset of the Full City Brand
Colors selected for online
appearance and contrast.

DocuSign Envelope ID: 8CA9E30B-7131-4EBC-85E6-0F1111D1317B

EXHIBIT E
221
11 Brand Guidelines
FULL CITY BRAND COLORS (continued)

EXTRA COLORS FOR ACCENT OR FLEXIBILITY
Red ■■ #B7LF3C 182 31 59 20 100 77 10 1945 C 1935 U
Red Dk ■ #990D31 153 13 49 12 100 69 23 n/a n/a
Red Mid ■ #D48A83 212 138 131 10 50 39 5 50% 50%
Red Lt ■ #F0CFC9 240 207 201 4 20 15 0 15% 15%
Orange ■■ #F47721 244 119 33 4 54 100 0 152 C 152 U
Orange Dk ■ #D6782A 214 120 42 15 63 100 0 n/a n/a
Orange Mid ■ #FCC288 252 194 136 0 27 50 0 50% 50%
Orange Lt ■ #FFE4CA 255 228 202 0 11 20 0 15% 15%
Yellow ■■ #FBB416 251 180 22 0 32 100 0 130 C 130 U
Yellow Dk ■ #C37FL3 195 127 19 7 45 100 30 n/a n/a
Yellow Mid ■ #FFCE7B 255 206 123 0 20 60 0 50% 50%
Yellow Lt ■ #FFEFCF 255 239 207 0 5 20 0 15% 15%
Azure ■■ #4D8BBE 77 139 190 71 37 7 0 285 C 285 U
Azure Dk ■ #4377BB 67 119 187 77 51 0 0 n/a n/a
Azure Mid ■ #80A5CE 128 165 206 50 26 5 0 50% 50%
Azure Lt ■ #B5C6DC 181 198 220 28 15 5 0 15% 15%

BLACKS, GRAYS & NEUTRALS HEX R G B C M Y K PANTONE C PANTONE U Black ■■■■■■ #333333 51 51 51 0 0 0 100 PMS Black PMS Black Superblack ■■■■■■ #000000 0 0 0 60 30 30 100 n/a n/a
Gray Dk ■■■■ #435148 67 81 72 70 51 64 38 80% 80%
Gray Mid ■■■■ #6B737D 107 115 125 61 48 40 11 60% 60%
Gray Lt ■■■■ #EOEODD 224 224 221 7 5 7 4 8% 8%
Gray Neutral #F3F3F3 243 243 243 0 0 0 5 5% 5%
Blue Neutral #F1F3F8 241 243 248 7 5 7 4 10% 10%
Green Neutral #F1F2E1 241 242 225 0 0 4 4 10% 10%
Sage Neutral #E0E8E5 224 232 229 n/a 8% 8%
DocuSign Envelope ID: 8CA9E30B-7131-4EBC-85E6-0F1111D1317B

EXHIBIT E
222

CITY COUNCIL STAFF REPORT
ITEM NO. 5.10

DATE:

October 23, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing a First Amendment to the agreement with PlaceWorks, Inc. for the Comprehensive General Plan and Housing Element Update, increasing the scope of work and the not-to-exceed amount from $2,800,000 to $3,026,000 and extending the term to December 31, 2025.

RECOMMENDED ACTION

SUMMARY
On June 28, 2021, the City Council authorized the City Manager to execute a Professional Services Agreement (Agreement) with PlaceWorks for the comprehensive General Plan and Housing Element Update and Programmatic General Plan Environmental Impact Report (see Attachment 1, June 28, 2021, Staff Report for reference).

To date, the work program is approximately 50% complete. The project team is currently conducting community engagement to receive feedback on different land use alternatives, which will ultimately be used to create the General Plan Land Use Map. Following this critical step, the project team will transition to policy development, environmental review, and document preparation in anticipation of adoption hearings in Q1 2025.

Additional analysis, new state legislation, and continued meetings of the General Plan Advisory Committee (Committee), have gradually added scope to the work program. Therefore, staff recommends Council authorize the First Amendment to the Agreement, which would provide additional time and resources to respond to changing conditions.

DISCUSSION
223
Since commencement of the General Plan Update, the project team has completed visioning, research and analysis and the development of existing conditions reports, a State certified Housing Element, and the preparation and evaluation of various future land use alternatives. Currently, the project team is conducting community engagement to determine a preferred land use map for the General Plan. The land use map will be the basis for future development and conservation efforts as well as developing the General Plan policy framework. The project team anticipates returning to Council for direction on the General Plan land use map in the first quarter of 2025.

Over the course of the work program, additional items and adjustments were made to respond to Committee, City Council, and community needs. At this point in the process, the project team is requesting additional resources and time to complete the project. A First Amendment to the Agreement includes a revised scope of work, additional funds, and extended project duration. Modification to the scope of work and budget include:

Twelve-month extension in project schedule
. The original project schedule anticipated the Land
Use Alternatives task would conclude by the end of September 2022 and adoption of the General Plan by 2024. This land use task has extended longer than anticipated due to the complexity and volume of contemplated land use changes, including the number of focus area alternatives being considered by the community. The ongoing project management and communication responsibilities, weekly calls with City staff, project website maintenance, and internal and external project meetings require contract modification to cover these continued responsibilities.

Additional Committee meetings.

More Committee meetings have been held than originally
anticipated in response to both feedback from the Committee and the large scope of the focus areas being evaluated. The original scope includes 24 meetings over the course of the project. As of today, the Committee has met 21 times. City staff have facilitated many of these meetings without PlaceWorks attendance. However, PlaceWorks has assisted by preparing materials for most of these meetings. Further, with the extended scope and schedule, the project team expects additional Committee meetings and required scope.

Additional Community Outreach and Engagement.

In response to public interest in the General
Plan Update, the contract modification would include additional time to support staff-led outreach and additional engagement efforts.

New State laws affecting the General Plan:

The contract modification includes additional time to
respond to new State laws SB 932 (Circulation Element), AB 2097 (Parking Minimums), and SB 1425 (Open Space and Conservation Element). Additionally, the project team anticipates new laws to continue to come out of the ongoing legislative sessions that may affect the General Plan.

Contingency budget:

A budget contingency is an important source of funds that enable the project team to respond to unforeseen needs. Previous budget contingency enabled the project team to pivot and address new State Housing Element requirements, adjust and align the adopted Alameda County Transportation Commission traffic model with the City’s, update the Vulnerability Assessment to comply with State law, and create the Housing Element Story Map. Although, staff does not plan to spend these funds, staff recommends the contract modification include additional contingency to respond to unforeseen circumstances.

ENVIRONMENTAL DETERMINATION

Authorization to execute an amendment to a professional services contract is an administrative action, which does not qualify as a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378. Therefore, no environmental review is required. 224

FISCAL AND ADMINISTRATIVE IMPACTS

Allocation of City staff time, utilizing existing staff resources will be necessary to administer the updated consultant agreement, and participate in the document review, research and analysis, and community outreach. The First Amendment to the Agreement would increase the not to exceed amount by $226,000 from $2,800,000 to $3,026,000. As part of the City’s Year-end 2022-23 budget report also being considered by Council on October 23, 2023, staff proposes to appropriate $226,000 from the General Fund surplus to cover consultant contract costs through the end of the General Plan Update.

COMMUNITY PILLAR 4:

4: Inclusive and Inviting Spaces and Places

GOAL PRIORITY:
4: Continue to complete the General Plan Update

ATTACHMENTS

1. June 28, 2021, Staff Report

2. Resolution

3. Exhibit A - Agreement

Prepared by: Andy Ross
Economic Development Manager

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
225
ATTACHMENT 1
226
ATTACHMENT 1
227
ATTACHMENT 1
228
ATTACHMENT 1
229
ATTACHMENT 1
230
ATTACHMENT 1
231
ATTACHMENT 1
232
ATTACHMENT 1
233
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A FIRST

AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF LIVERMORE AND PLACEWORKS, INC. FOR

THE GENERAL PLAN UPDATE TO INCREASE THE SCOPE OF WORK
AND THE NOT-TO-EXCEED AMOUNT FROM $2,800,000 TO
$3,026,000, AND EXTEND THE TERM OF THE AGREEMENT TO
DECEMBER 31, 2025
On March 1, 2021, the City Council identified the Livermore General Plan and Housing Element Update as a goal and priority.

The current General Plan was adopted in 2004 and is in need of a comprehensive update to reflect current data, comply with State legislative changes, and address changes in community preferences and market conditions.

City of Livermore (“City”) staff require a consultant to update the Livermore General Plan, engage with the Community, and prepare Environmental Impact Report.

On June 28, 2021, the City Council authorized the City Manager to execute a professional services agreement with PlaceWorks, Inc., in an amount not-to-exceed $2,800,000 to update the Livermore General Plan and Housing Element.

The project team has completed approximately 50% of the General Plan Update work program, including visioning, research and analysis and the development of existing conditions reports, a State certified Housing Element, and the preparation and evaluation of various future land use alternatives.

Due to the complexity and duration of the project, City staff have recommended a First Amendment to the Agreement. Staff has prepared a First Amendment to the professional services agreement to increase the scope of work and compensation, and extend the term of the agreement, attached hereto as Exhibit A.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby authorizes the City Manager to execute a First Amendment to a professional services agreement with PlaceWorks, Inc. for the General Plan Update, to increase the scope of work and the not-to-exceed amount from $2,800,000 to $3,026,000, and extend the term of the agreement to December 31, 2025, attached hereto as Exhibit A.
234
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/ Kimberly Cilley
Marie Weber Kimberly Cilley
Deputy City Manager/City Clerk Senior Assistant City Attorney Exhibit A – First Amendment to Professional Services Agreement with PlaceWorks, Inc. for Livermore General Plan Update
235
Amendment - Professional Services Agreement Page 1
Rev. 09/19/23

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THI
S FIRST AMENDMENT is made and entered into this ____ day of ________, 2023, by and between the City of Livermore (“City”), a municipal corporation, and PlaceWorks, Inc. (“Consultant”), a California corporation.

RECI
TALS
On J
une 29, 2021, City and Consultant entered into an agreement for Consultant to provide professional planning services to City (“Original Agreement”). Section 23 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

Ci
ty and Consultant desire to amend the Original Agreement to increase the scope of work and compensation, to extend the term of the agreement to December 31, 2025, and to increase the insurance limit requirements. This is the first amendment to the Original Agreement.

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

1. The O
riginal Agreement is amended as follows:

A. Sec
tion 3 of the Original Agreement is amended to read as follows:

Description of Services. Consultant shall provide the following professional services as more particularly set forth in Exhibit A to the First Amendment(collectively "the Services"):

Land us
e and transportation planning, housing, urban design, community engagement services, research and analysis, and preparation of documents, graphic and other deliverables, in the development of comprehensive update to the Livermore General Plan including Updated Housing Element. In addition, the consultant team will conduct environmental analysis of the completed General Plan draft and produce an environmental impact report (EIR) in compliance with CEQA.

Ex
hibit A to the First Amendment shall replace in its entirety Exhibit A to the Original Agreement.

B. Sec
tion 5(a) of the Original Agreement is amended to read as follows:

Compensation and Payment. The total compensation payable by City to DocuSign Envelope ID: 761B4B81-20FE-4F6E-A6BF-5549D1A20E19

EXHIBIT A
236
Amendment - Professional Services Agreement Page 2 Rev. 09/19/23
Consultant for the Services SHALL NOT EXCEED the sum of $3,026,000 ("not-to-exceed amount").

1. The compensation payable by the City to Consultant for the services required by Exhibit A to the Original Agreement SHALL NOT EXCEED $2,800,000.

2. The compensation payable by the City to Consultant for the Services required by Exhibit A to the First Amendment SHALL NOT EXCEED $226,000.

City shall compensate Consultant for the Services rendered at the hourly rates, task amounts or travel expenses set forth in Exhibit "A" to the First 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.

C. Section 12 of the Original Agreement is amended to read as follows:

Insurance: C
onsultant shall procure and maintain insurance during the term of this Agreement in the amounts and under the terms set forth in Exhibit “B” to the First Amendment 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.

E
xhibit B to the First Amendment shall replace in its entirety Exhibit B to the Original Agreement.

D. Section 6 of the Original Agreement is amended to read as follows:

Term. T
he term of this Agreement commences on July 1, 2021, and terminates upon the completion of the Services or December 31, 2025, whichever occurs first.

2. Th e se 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 remains in full force and effect.

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

EXHIBIT A
237
Amendment - Professional Services Agreement Page 3
Rev. 09/19/23
I
n 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.

CO
NSULTANT: Dated:
___
_________________________ ___________________________
Joanna Jansen
Managing Principal
C
ITY OF LIVERMORE: Dated:
___
_________________________ ____________________________
Marianna Marysheva
City Manager
APPR
OVED AS TO FORM:
___
________________________
Senior Assistant City Attorney
APPR
OVED AS TO INSURANCE:

Risk Manager/Analyst
E
xhibit A Scope of Work
Exhibit B Insurance Requirements
DocuSign Envelope ID: 761B4B81-20FE-4F6E-A6BF-5549D1A20E19 10/16/2023 | 5:27 PM PDT

EXHIBIT A
238
PLACEWORKS 1
SEPTEMBER 20, 2023
CONTRACT MODIFICATION #1:

SCOPE OF WORK AND COSTS
This exhibit describes the amended scope of services, schedule, products, and meetings for the General Plan Update, Housing Element Update, and Environmental Impact Report (EIR) to be conducted by PlaceWorks for the City of Livermore (City) in cooperation with EPS, Kittelson, GPA Consulting, Archeo -Tec, WRA Inc. Rob ert Becker, and FM3 Research . This document includes the following sections:
 Scope of Services - Describes the project work program.  Schedule - Identifies the overall schedule for the project.  Costs - Details the project budget by task and subtask.  Assumptions - Describes the assumptions used to develop the scope of work.

SCOPE OF SERVICES
This section describes the scope of services to be completed by the PlaceWorks team for the Livermore General Plan Update, Housing Element Update, and EIR.

A summary of the work program is presented in Table 1.

TABLE 1 WORK PROGRAM SUMMARY
Task 1: Community Engagement and Citizens Advisory Committee Facilitation

1.1 Equity and Inclusion Plan

1.2 Branding

1.3 Documentary Art Project

1.4 Citizens Advisory Committee Facilitation

1.5 Community Events

1.6 Citywide Workshops

1.7 Stakeholder Interviews

1.8 Planning Commission and City Council Meetings

1.9 CBO Coordination

1.10 Support City Staff Outreach Efforts

1.11 Tribal Consultation

1.12 Website

1.13 Online Engagement

1.14 Translation
Task 2: Visioning

2.1 Visioning Outreach Strategy

2.2 Communitywide Visioning Survey

2.3 Draft General Plan Vision Statement

2.4 Final General Plan Vision Statement
Task 3: Research and Analysis

3.1 Existing Conditions Reports

3.2 Baseline Economic and Market Trends

3.3 Real Estate Development Feasibility Assessment

3.4 Existing Conditions Executive Summary
Document and Online Story Map

3.5 General Plan Legislative Audit
Task 4: Land Use Alternatives

4.1 Alternatives Outreach Strategy

4.2 Confirm Focus Areas

4.3 Property Owner Meetings

4.4 Draft Land Use Alternatives

4.5 Alternatives Evaluation

4.6 Preferred Scenario Creation

4.7 Preferred Scenario Implementation

4.8 Transportation Impact Analysis Guidelines
Task 5: Policy Development and Evaluation

5.1 Policy Development and Outreach Strategy

5.2 Existing General Plan Policy Matrix

5.3 Policy Options and Recommendations

5.4 Draft Goals, Policies, and Actions

5.5 Land Use Map Update

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

EXHIBIT A
239

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 2
SEPTEMBER 20, 2023
TABLE 1 WORK PROGRAM SUMMARY
Task 6: Housing Element and CEQA

6.1 Housing Element Project Management and
Initiation

6.2 Housing Element Outreach

6.3 Document Review

6.4 Review of Previous Housing Element Programs

6.5 Land Inventory

6.6 Housing Needs Assessment Document

6.7 Housing Constraints

6.8 Housing Goals, Policies, and Quantified
Objectives

6.9 Administrative Draft Housing Element

6.10 Public Review Draft Housing Element

6.11 Adopted Final Housing Element

6.12 Housing Element CEQA

6.13 HCD Review

6.14 Land Inventory GIS Tracking Tool
Task 7: General Plan

7.1 General Plan Outreach Strategy

7.2 General Plan Outline and Format

7.3 Administrative Draft General Plan

7.4 Draft General Plan
Task 8: General Plan EIR

8.1 Notice of Preparation and Scoping Session

8.2 2045 Horizon Year General Plan Projections

8.3 Thresholds of Significance Memorandum

8.4 EIR Introduction and Project Description

8.5 Setting, Impacts, and Mitigation Measures

8.6 Alternatives and CEQA-Required Findings

8.7 Administrative Draft EIR

8.8 Screencheck Draft EIR

8.9 Public Draft EIR and Notices

8.10 Administrative Final EIR

8.11 Screencheck Final EIR

8.12 Public Final EIR

8.13 Mitigation Monitoring or Reporting Program

8.14 Findings of Fact

8.15 Notice of Determination
Task 9: Adoption and Final Documents

9.1 Certification and Adoption Hearings 9.2 Final General Plan and Online General Plan Task 10: Ongoing Project Management

10.1 TAC Coordination

10.2 Staff Meetings and Communication

10.3 Administrative Record
Task 1. Community Engagement and Citizens Advisory
Committee Facilitation
Authentic and inclusive community engagement will be essential throughout the General Plan Update. To ensure that engagement is effective and subject to continuous improvement, a range of engagement tasks and approaches are presented so that we can deploy them flexibly in each step of the process and adapt as the process evolves.

1.1 Equity and Inclusion Plan
At the outset of the General Plan Update, PlaceWorks will draft a n Equity and Inclusion Plan with concrete data and tasks to foster inclusive and equitable engagement throughout the project. This plan will include:
 Timeline for General Plan Update completion and anticipated major milestones  Baseline data on and understanding of existing inequities and disparities in Livermore  Explanation of why the General Plan deserves the time and energy of community members and explanation of how community input will be used in each phase
DocuSign Envelope ID: 761B4B81-20FE-4F6E-A6BF-5549D1A20E19

EXHIBIT A
240

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 3
SEPTEMBER 20, 2023
 City objectives in engaging the community and key messages the General Plan team expect to share with the community
 Goals of major tasks or milestones: T o inform, consult, involve, collaborate, or empower, based on the International Association for Public Participation (IAP2) “Spectrum of Public Participation”  Constraints on public influence, such as legal or fiscal parameters that preclude the Council from taking actions that are illegal or exceed the City’s resources
 Identification of under -represented communities , both in Livermore and community members who have not been heard from in past engagement and outreach efforts ; PlaceWorks will utilize work from the Equity and Inclusion Subcommittee (and Housing subgroup) to inform this research; communities will be identified by demographics and geography
 Identification of barriers to participation, including language, location accessibility, digital accessibility, time of day, childcare, transportation, and historic mistrust, (income level and or employment status)and strategies to remove these barriers
 Multiple specific methods for engagement, both in person and virtual  List of and contact information for a diverse range of community- based organization (CBO) partners with established relationships in under-represented communities
 Consultant, City staff, and CBO roles in engagement and communication, including communication and relationship- building as part of other City events and activities
 Methods for collecting and tracking demographic data about participants in the General Plan Update process  Methods for reporting back to participants how their input is being used  Ideas for capacity-building of individuals and CBOs to foster ongoing engagement in General Plan implementation and City decision-making after the General Plan is adopted
The equity and inclusion plan will be a living document that is refined and improved as we consult with community members and CBOs and learn what methods are and are not effective. We anticipate reviewing and refining the initial iteration of the equity and inclusion plan with community members, the City Council Equity and Inclusion Subcommittee (if still a convened Subcommittee), the Citizens Advisory Committee (CAC), and the City Council near the outset of the process. Prior to public review of the plan, PlaceWorks will prepare an administrative draft for City review and will incorporate comments into the public review draft plan.

1.2 Branding
PlaceWorks will develop a General Plan Update branding package, to include a project name, color palette, typography, and graphics that are appealing and accessible to the Livermore community . The branding will reflect values of diversity and inclusivity. This branding will then be used on the General Plan Update website, outreach materials, meeting materials, and ultimately the Plan itself, including text, tables, and figures. The branding package will be submitted to City staff for one round of review and comment before being finalized and deployed.

1.3 Documentary Art Project
PlaceWorks will coordinate closely with City staff to incorporate the work of one or more local artists and/or documentarians throughout the General Plan Update and in the final Plan (document) itself. The media and outcomes of the documentary art project will be determined in concert with the selected artist(s) and could include photographs, videos, and/or audio to be presented online only and/or exhibited in local museums, Downtown storefronts, or other physical venues. The goal of DocuSign Envelope ID: 761B4B81-20FE-4F6E-A6BF-5549D1A20E19

EXHIBIT A
241

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 4
SEPTEMBER 20, 2023
the art project will be to highlight the rich diversity and shared humanity of Livermore’s residents and how General Plan topics like housing, health, mobility, and equity affect their lives. Work generated through this effort will be subject to adopted City public art policies regarding editorial control, ownership, and other issues.

1.4 Citizens Advisory Committee Facilitation
Work on the General Plan Update will be informed by the CAC. The CAC will be a group of approximately 15 community members who represent the diversity of the Livermore community, including ranges in age, race, ethnicity, neighborhood, ability, living situation, employment, and advocacy. The PlaceWorks team and City staff will work together to educate and provide information to the CAC regarding the technical issues influencing the General Plan Update. The CAC will review and provide feedback on work produc ts, serve as liaisons between the team and the community, and advise the team on effective outreach and engagement. The CAC is not a decision -making body; the City Council will be responsible for final direction regarding General Plan content and adoption of the General Plan.

PlaceWorks will draft a purpose statement, the document that identifies the CAC’s role and purpose, for the CAC for City staff to review and finalize. This scope assumes that City staff and City Council will be responsible for forming the CAC.

PlaceWorks will prepare for and facilitate up to 30 meetings of the CAC over the course of the General Plan Update, approximately monthly, with some months off during intensive consultant and staff work periods. PlaceWorks will work with City staff at the initiation of each major task to develop an outreach strategy, including the number and topic of each CAC meeting within that phase, allowing for flexibility to adapt to requests from the CAC and to respond as issues arise, as appropriate. In consultation with City staff, PlaceWorks will complete the following prior to each meeting:
 Conduct a pre-meeting conference call with City staff to prepare for the meeting  Prepare a meeting agenda, presentation, and other documents pertinent to agenda items (technical memos, reports etc) subject to review and approval by city staff
 Advertise the meeting through the General Plan website and email list City staff will be responsible for the CAC public noticing requirements if required by the Brown Act.

PlaceWorks Principal in Charge and Project Manager will attend all meetings of the CAC that require PlaceWorks support .

City staff may choose to hold informational or educational CAC meetings without PlaceWorks in attendance. PlaceWorks staff will support the CAC chair or co -chairs in facilitating CAC discussion and consensus -building. PlaceWorks will also provide technical support to the CAC as needed.

Following each meeting, PlaceWorks will prepare action minutes for review by City staff, post these to the website, and distribute them to the CAC at the following meeting.

1.5 Community Events
Newcomers to the planning process, non -English speakers, and others may be intimidated by large workshops and formal public hearings , while participants who are comfortable in these spaces and familiar with planning jargon continue to participate. Therefore, to encourage participation from the broadest possible spectrum of Livermore residents, General Plan Update input events will be held, where possible, as part of existing events, activities, and meetings that residents are already likely to attend. They will also be well -coordinated with other City engagement activities to reduce conflict and duplication. This scope includes PlaceWorks preparation of materials for and attendance at up to 12 community events to raise awareness about the General Plan Update and gather input. The timing of these events and the goals of engagement at each event will be determined in collaboration with City staff.

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

EXHIBIT A
242

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 5
SEPTEMBER 20, 2023
These events can take one of several formats. Any events targeting the Spanish-speaking community will be conducted with one Spanish-speaking PlaceWorks staff and Spanish language materials. PlaceWorks will also provide written materials in additional languages as directed by City staff.
 Pop-up events are smaller, often outdoor events designed for a two-way flow of information between a facilitator and the public. These events occur in familiar, comfortable settings, and participants can choose how much time to spend engaging. Pop-up events might take place before or after worship services, social service locations, at culturally specific markets, or at larger community celebrations like the Livermore Rodeo, Hispanic Heritage Day, and the Farmers’ Market. Pop-up events are typically designed to happen at or around a single table, with visuals, maps, and/or handheld surveys that simply and quickly convey concepts and allow easy and fun but still useful community input. Like workshops, pop-ups are face-to-face events that may be restricted due to public health concerns.  At neighborhood or community organization meetings, the General Plan team would coordinate with the organizations to attend a regular meeting. Team members would offer a presentation and facilitated discussion, as well as additional information on opportunities for involvement.
 Self-guided open houses could be installed at the Library, City Hall, or other venues and could feature posters or other graphics to explain the project. These events can be up for days or weeks and allow people to explore the information at their own pace and without face- to-face contact. They are best for informing rather than gathering feedback or making decisions.
 Youth outreach could include art projects, youth -only, or youth- led workshops and small group discussions. These events are usually most effectively coordinated through local schools and/or recreation service providers. Teachers may make participation a requirement (e.g., for a high school social science class) or offer extra credit for students who participate.

1.6 Citywide Workshops
Although it is important to recognize that community workshops may not be a comfortable form of engagement for all residents, they remain a well -established tool for extended conversations and consensus building, and workshops have served past Livermore planning efforts well. Over the course of the project, we anticipate up to 6 in person community workshops. Workshops are opportunities to engage the public on different topics and in different neighborhoods, using a variety of interactive strategies. In order to provide maximum flexibility and convenience for community members, and to anticipate potential public health concerns, this task also includes up to 6 virtual workshops. Virtual workshops will likely be conducted using common tools such as Zoom and can also be broadcast over accessible platforms such as Facebook Live.

Preliminarily, we expect to hold workshops at four key points in the process: (1) to create the Vision; (2) to obtain input about the land use alternatives; (3) to present the preferred scenario; and (4) to present and receive comments on the Draft General Plan. The format of each workshop will be tailored to the relevant milestone. Workshops most often include a presentation of material, a question -and-answer period, and a small group breakout time for facilitated discussion and exercises. The PlaceWorks Principal-in-Charge will be the lead facilitator for all workshops. PlaceWorks will also provide up to three small group facilitators for each workshop, one of whom will be a Spanish speaker. Prior to the event, PlaceWorks will provide a facilitator training for City staff to support respectful and productive discussions.

To support equitable participation, PlaceWorks recommends that the City provide on -site childcare, water, and a healthy snack at each workshop, and that these be advertised prior to the event. PlaceWorks staff can bring food and supplies and can provide materials for the children’s activity in addition to workshop materials.

PlaceWorks will also coordinate simultaneous interpretation and provide translation of all workshop materials into Spanish, as appropriate.

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

EXHIBIT A
243

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 6
SEPTEMBER 20, 2023

1.7 Stakeholder Interviews
EPS will coordinate with the City to select a diverse roster of stakeholders representing various perspectives on economic development in Livermore and demographics. This group likely will include local employers, business leaders, real estate experts, community group representatives, Planning Commission, and City Council, as appropriate. The stakeholders will provide insight on opportunities and constraints and exploring potential economic development strategies. EPS will conduct up to 12 one-hour interviews, one-on-one or in groups, in person, during a two -day visit to Livermore, as well as by phone if needed.

1.8 Planning Commission and City Council Meetings
PlaceWorks will attend up to 12 meetings or study sessions of the City Council and/or Planning Commission, separate from the adoption hearings. We will also support City staff in preparing for interim status updates to the Council and Planning Commission that PlaceWorks does not attend. This task does not include research to respond to requests for information or memoranda addressing topics or tasks that are not part of the General Plan scope of work.

1.9 Community-Based Organization Coordination
PlaceWorks recommends that the City identify up to three local CBOs to partner with throughout the General Plan Update.

The CBO will be compensated and could be part of the PlaceWorks contract or directly under contract to the City.

Preliminarily, we anticipate that the role of the CBO would include supporting culturally targeted and/or multilingual outreach efforts; serving as “ambassadors” between the General Plan team and community members ; vetting background data and technical analyses to ensure they reflect and are understandable by community members; and providing input on goals, policies, and actions. Ideally, the CBO should be experienced in outreach and program implementation in Livermore and should be based on or connected to specific under-represented neighborhoods or populations.

As part of identifying and selecting the CBO, City staff and PlaceWorks will work with the CBO to clearly define roles and responsibilities, commitments, capacity, timelines, and deliverables.

1.10 Support City Staff Outreach Efforts
City staff may conduct outreach without PlaceWorks’ in -person participation. For example, staff may conduct additional CAC meetings, neighborhood meetings, or pop -up events; give interviews to local media outlets; create social media postings; and operate the Plan Van at various events and locations. This task will cover incidental support from PlaceWorks in preparing or updating materials and coordinating logistics. This task does not include attendance at these events.

PlaceWorks staff will not operate the Plan Van.

1.11 Tribal Consultation
Archeo-Tec will assist City staff with tribal consultation consistent with Assembly Bill (AB) 52 and Senate Bill ( SB) 18 by obtaining a list of current contact information for Native American groups and individuals with an interest in the c ity from the Native American Heritage Commission (NAHC). Archeo -Tec will assist in submitting draft SB 18 notification letters to identified groups and individuals, document any responses, and identify any critical path items that emerge during consultation. Archeo- Tec wi ll track which tribes were notified and their responses to ensure compliance with AB 52 timelines. PlaceWorks and Archeo -Tec will also be available to provide support to the City in conducting any needed government-to-government consultation and responding to tribal requests.

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

EXHIBIT A
244

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 7
SEPTEMBER 20, 2023

1.12 Website
PlaceWorks will create and maintain a website for the General Plan Update. The website will include basic information about the project, including an explanation of what a General Plan is, a description of the update process, project updates as major milestones are achieved, and links to other relevant City efforts and departments. PlaceWorks will prepare a mock-up of the website for City review and approval prior to building the website. PlaceWorks will share the draft website with the City and incorporate staff comments prior to making the website live.

The website will include information about community events, CAC meetings, and Planning Commission and City Council meetings on the General Plan Update. It will provide access to online surveys and interactive exercises. Public review draft documents will be posted in PDF format on the website and/or linked to as interactive Esri-based websites. PlaceWorks staff will be responsible for creating, managing, and updating the website, including PDF files made available for downloading while under contract with the City. This scope assumes approximately two hours per month for ongoing updates and website posts; it does not include significant redesign or restructuring of the website after it is launched. Upon completion of the project, PlaceWorks will transfer management of the website to the City.

1.13 Online Engagement
As a complement to physical materials and face- to-face outreach, PlaceWorks will use a range of proprietary and off -the- shelf tools to engage community members using digital technology to enable people to participate in the General Plan Update process whenever it is convenient for them. The digital engagement strategy will include a range of tools, including online surveys, prioritization exercises, map -based tools, and other approaches, at up to five key points in the process.

Online engagement campaigns will most likely be timed prior to, during, and following community workshops. These tools will provide transparency and connect the Livermore community to the update process without constraints on the time, place, or method of public input. PlaceWorks will develop up to four individual online engagement tools. Online engagement tools will be accessible by mobile phone and address digital barriers identified in the Equity and Inclusion Plan.

1.14 Translation
PlaceWorks will prepare meeting notices, meeting materials, the project website, and other written materials as appropriate, in both English and Spanish, as well as additional languages including Simplified Chinese and Farsi, if needed .

Community workshops facilitated in English will offer translation services and some workshops, meetings, and events, will be conducted exclusively in Spanish, with English translation available . PlaceWorks and City staff who are fluent in Spanish will work with professional interpreters to provide translation during meetings and workshops. This task does not anticipate the full translation of major work products such as the General Plan itself. This scope of work includes $9,000 for the translation of written materials.

Task 2. Visioning
One of the first tasks for the General Plan Update will be to articulate a new vision for inclusion in the General Plan Update.

This vision should be no more than two pages long, and it should capture all of the key issues already identified through the visioning community engagement process with equity and justice at the core.

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

EXHIBIT A
245

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 8
SEPTEMBER 20, 2023

2.1 Visioning Outreach Strategy
At the outset of the visioning task, PlaceWorks will work closely with City staff to draft and refine an outreach strategy to ensure that the vision is based on broad and robust community engagement. The outreach strategy will specify which of the CAC meetings, Community Events, Citywide Workshops, and Planning Commission and City Council meetings described in Task 1 will occur during this task. The goals of the visioning outreach strategy will be to:
 Identify key issues the community would like the General Plan Update to address.  Understand the community’s goals and aspirations for Livermore and how they envision Livermore in 2045.  Build interest and support for the General Plan Update during these initial outreach meetings of the project.

PlaceWorks will prepare an administrative and final draft of the visioning outreach strategy.

2.2 Communitywide Visioning Survey
FM3 Research will develop and implement a communitywide, statistically valid survey to get feedback on the key issues the General Plan should address and ask the community about the qualities and characteristics Livermore should embody in 2045. FM3 will review the National Community Survey ( NCS™) and other recent and ongoing City surveys to avoid redundancy in questions. The PlaceWorks team will submit a draft and screencheck version of the survey for City review and comment prior to the release of the surv ey. The survey will be conducted via telephone and through an online survey form in English and Spanish. The survey sample size will include 400 respondents (margin of error +/ - 4.9 percent) , representative of the City’s four Council districts OR the same five subareas used in the NCS™: central, northeast, northwest, southeast, and southwest. In addition, FM3 will establish demographic quotas that match the adult population of Livermore based on the most recent Census or American Community Survey ( ACS) data. The City will provide FM3 with the list of residential addresses, which will include the unit numbers for multi -unit buildings. FM3 will provide the following upon completion of the survey:
 A questionnaire with the topline results of the survey for easy reference.  A complete set of crosstabs in an easy-to-read, comprehensive format.  Verbatim responses to any open-ended questions.
 A complete analysis of survey results in PowerPoint.
 A presentation of the survey results.

2.3 Draft General Plan Vision Statement
PlaceWorks will draft a Vision Statement for inclusion in the General Plan Update, which will be based on the ideas articulated through the communitywide visioning survey and public engagement process . PlaceWorks will prepare an administrative, screencheck, and final Draft Vision Statement.

2.4 Final General Plan Vision Statement
PlaceWorks will incorporate the feedback from the CAC and Planning Commission and City Council direction into the Final General Plan Vision Statement.

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

EXHIBIT A
246

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 9
SEPTEMBER 20, 2023
Task 3. Research and Analysis
In this task, the PlaceWorks team will conduct research and analysis that will inform the community discussion of key issues and the environmental analysis of the General Plan Update.

3.1 Existing Conditions Reports
The PlaceWorks team will use recent environmental documents prepared by the City, as well as limited new reconnaissance, to provide a key understanding of the existing conditions in Livermore. PlaceWorks will prepare administrative, screencheck and public review drafts of these reports including technical appendices. Topics to be addressed include:
 Aesthetics. PlaceWorks will describe the physical form of development in Livermore and the unique design characteristics of development in different areas of the community.  Agriculture and Forestry Resources . PlaceWorks will document existing agricultural and forestry resources including potential agricultural pests and diseases that could become more prevalent because of climate change.  Air Quality and Greenhouse Gas Emissions .. PlaceWorks will describe the existing air quality setting , including greenhouse gas (GHG) emissions inventory in Livermore. The GHG emissions setting will include a summary of the City’s baseline and current year inventories and a summary of the City’s climate action effort, as presented in the updated Climate Action Plan. PlaceWorks will update past inventories as needed to include new data prepared for this General Plan Update, including updated vehicle -miles of travel ( VMT), emissions factors, land use changes, and sequestration benefits.
 Climate Change and Resilience. PlaceWorks will describe the regulatory framework aimed at reducing the impacts of climate change and discuss the potential effects climate change could have on the General Plan. PlaceWorks will also review the Vulnerability Assessment from the Climate Action Plan (CAP) and Tri -Valley Hazard Mitigation Plan and update the analysis as needed.
 Biological Resources . WRA, Inc. will describe biological and wetland resources in the planning area. The report will provide information on vegetation types, wildlife habitat, potential for special -status species and jurisdictional wetlands, and any other important biotic features.
 Circulation. Kittelson will describe the existing circulation system in Livermore, including existing (2021) traffic volumes and intersection level of service (LOS), transit systems, and existing and planned bicycle and pedestrian systems. As part of this report, Kittelson will compile available intersection turn -movement and street segment counts, freeway and ramp traffic counts from the California Department of Transportation ( Caltrans), and planned and proposed transportation improvements. Kittelson will collect up to 45 intersection traffic counts (AM and PM two -hour peak periods) and 4 0 automatic street segment counts (48 -hour) during fall of 2021 (or when it is determined that traffic levels return to pre -COVID levels). Approximately half of the intersection counts will also include directional bicycl e a
nd pedestrian counts. Kittelson will summarize the count data and compare to prior traffic counts, and coordinate with City staff to determine if adjustment factors need to be applied to the 2021 counts to represent more “typical” traffic conditions. Kittelson will also compile crash data to identify priority locations for vehicle, bicycle, and pedestrian safety issues. As part of this task, Kittelson will update or develop a citywide intersection analysis tool (Synchro or Vistro s
oftware) to evaluate AM and PM peak-hour traffic operations at up to 45 study intersections. Signal timing information will be obtained from the City or Caltrans, as appropriate. Kittelson will conduct field review of peak-hour intersection operations to identify queuing or other issues that may require adjustments to the standard Highway Capacity Manual analysis methods. The existing intersection operations results will be reported and verified with City staff to ensure that they are representative of observed conditions.

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

EXHIBIT A
247

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 10
SEPTEMBER 20, 2023
 Cultural Resources and Tribal Cultural Resources . GPA Consulting and Archeo -Tec will describe existing known archaeological and historic built resources and will describe these resources using the categories established in the Historic Context Statement, tribal cultural resources, and other cultural resources.  Geology and Soils. PlaceWorks will describe potential geological hazards, including earthquake faults, groundshaking, liquefaction, landslides, and erosion.
 Hazards and Hazardous Materials. PlaceWorks will describe hazardous materials sites listed on federal, state, and local regulatory agency databases in the city and describe hazards associated with these sites. This section will also address safety hazards related to aviation activities associated with the city’s airport, and emergency preparedness.  Hydrology and Water Quality . PlaceWorks will describe existing hydrology and water quality conditions, including the hydrologic setting, stormwater drainage characteristics, water quality data (both surface and groundwater), local receiving water bodies, pollutants of concern based on changes in land use, and flooding hazards.  Land Use and Planning and Environmental Justice. PlaceWorks will document existing land uses and describe plans and regulations that govern land use decisions. This chapter will also explain the new requirements for General Plans to address environmental justice under SB 1000 and introduce topics such as pollution exposure, air quality, public facilities, food access, safe and sanitary homes, physical activity, civil engagement, and infrastructure investments. It will also show preliminary maps of disadvantaged communities relative to the Livermore context and discuss exposure levels to pollution sources. The boundaries of these communities are likely to be revised over the course of the project based on ongoing research and public input.
 Noise and Vibration. PlaceWorks will describe the existing noise setting and sources in Livermore.  Equity and Community Health. PlaceWorks will describe the vulnerable populations in Livermore including children, seniors, seniors living alone, cost -burdened households, overcrowded households, homeless people, low -income households, households in poverty, disabled people, non-English speakers, people without a car, and outdoor workers.

In addition, PlaceWorks will describe the current community health statistics, discuss active transportation options, and address the age-friendliness of the city, including factors that influence the health and quality of life of older adults.  Public Services and Recreation. PlaceWorks will describe public services, including fire and emergency medical services, police services, schools , libraries, the airport, as well existing park and recreation facilities like the Las Positas Golf Course.
 Utilities and Service Systems . BKF will assess the capacity of and condition of the local water supply and distribution, wastewater conveyance and treatment, and storm drainage systems based on the latest available information. Existing conditions information will include narrative descriptions of capacity and potential deficiencies, as well as tabular summaries of infrastructure capacity and needs. BKF will contact any outside agencies and school districts to document their assessment of infrastructure related to the City’s General Plan Update effort.  Wildfire. PlaceWorks will describe wildfire risk to Livermore, identifying exacerbated risks from changes to the natural landscape and infrastructure. This section will summarize the recommendations from the Tri Valley Hazard Mitigation Plan as it relates to wildfire and identify conflicts with existing California and local emergency response plans and emergency evacuation plans and assess vulnerable populations at higher wildfire risk as a result of runoff, poor air quality, post-fire slope instability, or drainage issues.

3.2 Baseline Economic and Market Trends
EPS will assess the underlying economic and market context for the Livermore General Plan Update. The technical analysis will cover key demographic, economic, and real estate factors affecting Livermore and its role in the Tri -Valley and the broader region. The goal will be to identify the strengths of the local economy, key competitive attributes and positioning, and challenges and opportunities influencing sustainable long -term growth that might be addressed by the General Plan Update. As part of this analysis, EPS will evaluate:

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

EXHIBIT A
248

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 11
SEPTEMBER 20, 2023
 Socioeconomic trends
 Major economic drivers and business trends
 Real estate market trends
EPS will synthesize the City’s primary economic strengths, weaknesses, opportunities, and threats (i.e., SWOT assessment).

This effort will organize the City’s economic context and local stakeholder input to identify relevant economic development considerations. The SWOT review will offer a digestible overview of economic development potential and will guide both the creation of the land use alternatives and the development of goals, policies, and actions.

EPS will prepare an administrative, screencheck, and public review draft of the Baseline and Economic Market Trends report.

3.3 Real Estate Development Feasibility Assessment
EPS will test the financial feasibility of up to five distinct real estate development prototypes in Livermore to identify uses that are likely to be developed during the life of the General Plan, as well as uses that may represent more aspirational or longer-term opportunities. Feasibility testing will rely on a static (i.e., stabilized year) financial pro forma financial model that considers the potential value of the prototype relative to its development cost. The analysis will provide a high- level screening of land use types to focus the alternatives creation in Task 4 on those land uses that are most likely to be realistic.

EPS will rely on the City to provide key data concerning development permitting costs, applicable fees, and connection charges.

If the analysis finds that particular development protypes sought by the community are found to be marginally infeasible, EPS will identify potential strategies for addressing the value shortfall as part of the fiscal evaluation of the preferred scenario.

EPS will prepare an administrative, screencheck, and public review draft of the Real Estate Development Feasibility Assessment report.

3.4 Existing Conditions Executive Summary and Online Story Map PlaceWorks will create an Executive S ummary of the existing conditions information that will have land use and policy implications for the General Plan Update. PlaceWorks will create a graphic-rich document that distills the information in an easy-to-understand format, such as a poster or booklet. PlaceWorks will prepare an administrative, screencheck, and final draft Executive Summary.

PlaceWorks will also prepare an online version of the Executive Summary. This web -based application will present the content of the Executive Summary through interactive text, maps, and graphics.

3.5 General Plan Legislative Audit
The City of Livermore’s General Plan was last comprehensively updated in 2004 . Since that time, California has adopted several laws that affect content and process for general plans. The City has adopted some targeted updates to some of the General Plan elements since they were originally adopted, so some State mandates have been fulfilled.

PlaceWorks will review the City’s current General Plan in light of applicable State legislation and prepare a memorandum identifying updates needed to bring the General Plan into conformance with current law. PlaceWorks will also prepare a summary matrix of this analysis that identifies the legislative requirement and what update will be required to the General DocuSign Envelope ID: 761B4B81-20FE-4F6E-A6BF-5549D1A20E19

EXHIBIT A
249

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 12
SEPTEMBER 20, 2023
Plan. PlaceWorks will prepare an administrative, screencheck, and final draft of the General Plan Legislative Audit memorandum.

Task 4. Land Use Alternatives
In this task, the team will develop land use alternatives for specific focus areas within Livermore to explore potential changes to the General Plan land use map. We understand that, for many parts of Livermore, the General Plan land use designations remain valid and appropriate and are not expected to change substantially. This task will focus on targeted areas where transformation is expected or desired.

4.1 Alternatives Outreach Strategy
At the outset of the alternatives task, PlaceWorks will work closely with City staff and the CAC to draft and refine an outreach strategy covering community engagement throughout the land use alternatives creation and evaluation process , including supporting materials. The two major community decision points during this task will be:
 Reviewing the draft land use alternatives
 Reviewing the alternatives evaluation findings and crafting the preferred scenario PlaceWorks will prepare an administrative and final draft of the land use alternatives outreach strategy.

4.2 Confirm Focus Areas
The PlaceWorks team will work with City staff to identify targeted areas of Livermore that are most likely to change over the life of the General P lan, where there are a range of possible desired futures and where current General P lan designations do not accurately reflect desired future uses.

Preliminarily, City staff has identified the following potential focus areas for the land use alternatives:
 East of Greenville Road
 South Front Valley Link Station Area
 BART-owned properties north of Interstate 580 near Greenville Road It is possible that these areas will be modified or additional focus areas will be identified over the course of the project. This scope and cost can accommodate up to six clearly defined focus areas. Based on discussions with City staff, PlaceWorks will prepare a map of the focus areas for staff review and approval.

4.3 Property Owner Meetings
PlaceWorks will prepare for and facilitate up to three meetings of property owners and other interested parties within the focus areas to discuss their visions for their property to inform our development of land use alternatives. This task assumes that City staff will coordinate direct outreach to stakeholders and meeting logistics.

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

EXHIBIT A
250

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 13
SEPTEMBER 20, 2023

4.4 Draft Land Use Alternatives
The PlaceWorks team will create three parcel -based land use alternatives for each delineated focus area that explore different possible types, locations, and intensities of development. Each alternative will include a land use map and a table with estimate d population, housing units (single- family and multifamily), and square footage of non -residential development. These alternatives may use the current General Plan land use designations or a simplified set of categories.

All alternatives will be consistent with the Vision developed in Task 2 and will reflect community ideas generated from the survey in Task 1. Alternatives will also be consistent with adopted or ongoing City efforts, such as the Active Transportation Plan (ATP) and the Climate Action Plan (CAP) and with external parameters, such as the Regional Housing Needs Allocation (RHNA).

Placeworks will complete one round of review based on City staff comments to prepare screencheck alternatives. City staff will review and provide a single set of consolidated comments on the screencheck alternatives. We will then share the draft land use alternatives with the community, the CAC, Planning Commission, City Council, and on the website and at a series of public events to refine and confirm the alternatives before proceeding with the analysis.

4.5 Alternatives Evaluation
PlaceWorks will prepare an evaluation of the relative performance, strengths, and weaknesses of the land use alternatives.

The alternatives evaluation will be presented in a highly graphic format so that the reader can easily interpret the tradeoffs between the alternatives. This analysis will qualitatively address the potential effects each alternative could have regarding:
 Climate change and resilience
 Public safety from flooding and fires
 Equity
 Parks and other City assets
 Housing supply
 Student generation and school capacity
 Open space preservation and biological resources
 Historic resources
 Scenic corridor analysis
 Aesthetics and urban design: This evaluation will include preparation of up to two birds-eye view visual simulations to illustrate potential development for each of the focus areas under each of the three alternatives. The visual simulations will be drawn from an elevation of 1,200 feet unless the focus area is within a drone restricted area in which case the elevation will be from 400 feet. The visual simulation can capture a small group of buildings with landscaping and architectural details, or a larger area with less detail.

PlaceWorks will prepare an administrative, screencheck and public review draft of the alternatives evaluation report, as well as an online Executive Summary using the Esri StoryMaps tool . The results of the alternatives evaluation will be shared on the website and with the community, the CAC, Planning Commission, and City Council , and at a series of public events to inform deliberation on a preferred scenario for each focus area. This preferred scenario may be one of the three alternatives, a combination of components of the alternatives, or a new alternative created through the public process.

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

EXHIBIT A
251

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 14
SEPTEMBER 20, 2023
EPS will provide a quantitative comparison of net annual impacts of the three land use alternatives on the Livermore General Fund, considering General Fund revenues and costs. EPS will rely on City budget documents, interviews with major City departments (e.g., Police, Public Works), and well -accepted budget estimating techniques. EPS will develop a static fiscal impact model to compare horizon year General Fund revenues and public service costs for the three land use alternatives.

This analysis will be presented for overall Citywide development, not for each Focus Area. BKF will provide p lanning-level estimates of the cost differentials among the alternatives for backbone infrastructure.

Kittelson will prepare transportation forecasts and assessments for the three alternatives. Regional -level transportation forecasts will use the updated Livermore travel model and will consider land use changes as well as potential changes in streets, transit service, bicycle and pedestrian facilities, and Valley Link Rail. The outputs will be evaluated in terms of total system person-hours and delay, segment- level volume-to-capacity, mode shares by city subareas, and VMT. Kittelson will use regional and local segment forecasts to evaluate the three alternatives to assist the team with identification of a preferred alternative.

BKF will analyze water supply and distribution, wastewater treatment and conveyance, or storm runoff system capacity issues or system deficiencies.

4.6 Preferred Scenario Creation
Based on the outcomes of the community engagement process and Council direction, PlaceWorks will create a draft of the preferred scenario that reflects input from the public, CAC, Planning Commission, City Council, and City staff. PlaceWorks will prepare an administrative draft preferred scenario and incorporate City comments into the final preferred scenario. The preferred scenario will include a land use map for each of the focus areas, as well as tables showing projected development through the General Plan horizon of 2045. The preferred scenario will become the basis for the updated General Plan land use map and the quantitative analyses in the General Plan EIR.

4.7 Preferred Scenario Implementation
This task includes important analyses to understand infrastructure improvements needed to implement the preferred scenario. EPS will provide a fiscal impact analysis of the preferred scenario and Kittelson will analyze intersection impacts of the preferred scenario. The results of these analyses will be summarized in two separate memoranda. The PlaceWorks team will prepare an administrative, screencheck, and final draft of each memorandum. a. Intersection Analysis
Kittelson will apply the intersection analysis tool to the preferred alternative for the future horizon year scenario and wil l identify specific issues at study intersections. Kittelson will also assess the future year circulation network for deficienc ies relative to both current standards and new standards considered during the General Plan Update process. b. Fiscal Analysis
EPS will provide a quantitative comparison of net annual impacts of the preferred scenario on the Livermore General Fund, considering General Fund revenues and costs, using the same approach as the comparison in the land use alternatives evaluation.

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

EXHIBIT A
252

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 15
SEPTEMBER 20, 2023
c. Financing for Infrastructure, Facilities, and Programs EPS will provide an assessment of the financing tools and policies available to the City to finance the public costs articulated in the preferred scenario. EPS will consider expected infrastructure costs with potential revenue sources, appropriate for the type of infrastructure investment sought. EPS will explore funding sources, including:
 Public-private joint development opportunities for shared infrastructure;  Funding pathways, as identified by HIPinvestors, to implement the CAP measures;  Funding recommendations from the Asset Management Program;  Development impact fees;
 Value-capture techniques to convert fiscal benefits into financing tools;  Districts (such as CFDs, EIFDs, or CRIA) for financing public improvements or facilities;  Cost allocation strategies for required off-site improvements or facilities; and  Other financial and fiscal measures or mitigation strategies to cover any fiscal deficits.

This analysis will present the key considerations for funding sources and financing mechanisms that fall under these four categories:

1. Development-Based Funding

2. Land-Secured Funding and Financing

3. City Funding and Financing

4. State and Federal Programs
While EPS will make recommendations concerning sources and uses alignment, this scope does not include quantifying revenue that may be generated by each funding and financing source.

4.8 Transportation Impact Analysis Guidelines
This optional task will assist the City of Livermore with the establishment of transportation impact analysis (TIA) guidelines including methodologies and thresholds for evaluation of vehicle miles of travel (VMT) in accordance with SB 743.

Scoping. As a first step, Kittelson would meet with City staff and other stakeholders to determine the priorities for the consultant assistance. Issues to be discussed include:
 Roles for consultant assistance versus City staff, including levels of consultant deliverables (for example, full reports versus inputs to city documents).
 What are appropriate thresholds for Livermore relative to other jurisdictions in Alameda County?  How should the City consider land use types that are different than the basic residential, office and retail land uses described in the Office of Planning and Research (OPR) Technical Advisory?  Which projects can screen out for VMT based on size, proximity to transit or other criteria recommended by OPR?  Are static tools (maps, spreadsheets) acceptable, or does the City want more interactive web-based tools?  When should a travel demand model be used to assess VMT changes versus more accessible tools?  What types of traffic operations analysis would still be appropriate to ensure safe access and operations within and near the proposed projects?
DocuSign Envelope ID: 761B4B81-20FE-4F6E-A6BF-5549D1A20E19

EXHIBIT A
253

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 16
SEPTEMBER 20, 2023
The scoping would include up to two meetings (teleconference) and a summary memorandum.

Establish Thresholds. Thresholds for VMT evaluation will be established for several project types:
 Residential development
 Office development
 Retail development
 Other development types
 Other City infrastructure projects (road, bicycle, parking, etc.) For Livermore, the potential “region” for comparison could be Alameda County, the East Planning Area of Alameda County, or the nine county Bay Area region. Kittelson would provide potential VMT per capita and VMT per employee thresholds based on these three regions for comparison.

Screening Criteria. In its Technical Advisory, OPR provides suggestions that jurisdictions can utilize to screen out or exempt projects from undergoing CEQA VMT analysis. Kittelson will provide recommended screening criteria for the following categories:
 Small projects
 Provision of affordable housing
 Local-serving retail
 High-quality transit
 Map-based screening
Kittelson will review and summarize the screening criteria used by nearby agencies and similarly sized Bay Area agencies for comparison.

VMT Mitigation. The most relevant VMT mitigation measures for land use development projects will be summarized. The VMT mitigation research and tools being coordinated by the Alameda County Transportation Commission (CTC) will be referenced and incorporated as much as p ossible. For project -specific characteristics, a set of adjustment factors may be developed based on research (such as the CAPCOA report “Quantifying Greenhouse Gas Mitigation Measures”) or factors used by other jurisdictions.

Non-CEQA Analysis. While VMT will be the primary CEQA environmental impact analysis criterion, Livermore may choose to require other types of non-CEQA analysis to ensure that development projects conform to city policies and standards. These could include:
 Operations analysis for streets directly accessing the project site (queuing, signal warrants, etc.)  Non-auto evaluation including transit, bicycles, pedestrians  Safety evaluation
 Parking requirements
 Construction impacts
The guidelines would be based on best practices from other agencies combined with specific needs of development areas in Livermore.

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

EXHIBIT A
254

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 17
SEPTEMBER 20, 2023
Transportation Impact Analysis (TIA) Guidelines. Kittelson will prepare a draft TIA Guidelines memorandum including both CEQA and non-CEQA elements. Kittelson will respond to one set of City comments on the draft guidelines and provide a final TIA Guidelines memorandum.

Task 5. Policy Development and Evaluation
The PlaceWorks team will develop a series of policy options for community consideration. These policy options will be assessed by the CAC and reviewed by the Planning Commission and City Council.

5.1 Policy Development Outreach Strategy
At the outset of the policy development task, PlaceWorks will work closely with City staff to draft and refine an outreach strategy. PlaceWorks anticipates the policy outreach process will be focused on working with the CAC who will meet on a monthly or bimonthly basis to review and refine the policy options. The community will be encouraged to attend these meetings and provide feedback during the public comment periods. The results of the CAC discussions will be presented to the Planning Commission for review and City Council for direction. PlaceWorks does not anticipate holding community workshops or other events to review the policy options. PlaceW orks will prepare an administrative and final draft of the policy development outreach strategy.

5.2 Existing General Plan Policy Matrix
PlaceWorks will combine the City’s existing goals, objectives, policies , and actions into a consolidated matrix to assist in evaluation and direction by City staff. Working with the evaluation matrix, we will identify current General P lan goals, objectives, policies, and actions that:
 Remain relevant;
 Have been accomplished;
 Should be moved to other plans or ordinances; and/or
 Should be modified or deleted.

City staff will then be responsible for conducting a thorough review of the policy matrix and using their familiarity with the General Plan to identify problematic or unclear policies, organization that is confusing, or other issues that the General Plan Update should resolve.

Based on City staff direction, PlaceWorks will propose solutions to resolve issues relating to format, organization, clarity, policy gaps, redundancies, new State requirements or guidance for General Plans, and other related concerns. Together with staff, PlaceWorks will identify which policy topics are most pressing to bring to the CAC, Planning Commission, and City Council for consideration, and which others can likely be addressed at the staff/consultant team level.

5.3 Policy Options and Recommendations
PlaceWorks will facilitate discussions with the CAC, Planning Commission, City Council , and the community about new and expanded policy topics. All policy discussions will remain at a high level and avoid delving into specific policy wording.

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

EXHIBIT A
255

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 18
SEPTEMBER 20, 2023
For policy topics that will be reviewed and drafted at the staff level, PlaceWorks will prepare a memorandum outlining policy options to address each topic. PlaceWorks will provide insight on the effects of potential policy changes across C ity departments and operations.

For policy topics that will be reviewed with the CAC, PlaceWorks will facilitate meetings with the CAC to obtain input on preferred policy approaches. The CAC recommendations will be presented to the Planning Commission for review and comment and to the City Council for final direction.

The PlaceWorks team will prepare an administrative, screencheck and public review drafts of the policy options and recommendations.

PlaceWorks will facilitate policy discussions on the following policy topics, subject to change at the direction of City Council:
 Equity, Land Use , and Public Health . Policy discussions will address topics such as age -friendliness, health, environmental justice, equity, and disadvantaged communities, and potential changes to land use designations.  Climate Change, Resilience, and Sustainability. Policy discussions will consider citywide land use and transportation connections and how they can achieve a more sustainable land use pattern and jobs/housing match in support of the concepts in Plan Bay Area 20 50 and SB 375, reduction in use of resources that result in increased natural resource protection, reduction of GHG emissions, and opportunities to increase the City and community’s resiliency to clima te c
hange effects. Policy discussions will also provide options to establish a better framework for the City’s updated CAP.  Circulation. In accordance with SB 743 and SB 932, Kittelson will consider options for transportation metrics , Safe S
ystems approaches, bicycle and pedestrian improvements, and traffic calming. Policy discussions will also examine the implications of emerging transportation technologies, ridesharing, and micromobility services ( e.g., e- bikes and electronic scooters) and identify approaches to more fully integrate philosophies of AB 1358 (Complete Streets) and concepts from the Livermore Bicycle, Pedestrian & Trails A ctive Transportation Plan. Parking policy will be considered in the Circulation and Land Use Elements in light of AB 2097 prohibiting parking minimums near transit and other City goals and objectives.
 Economy. EPS will address economic development, including business attraction and retention, targeted industries, and industrial land supply, along with the City’s fiscal health.  Housing. P olicy discussions will address topics such as homelessness, affordable housing, fair housing, accessory dwelling units, and multi-family housing.
 Hazards and Safety. In accordance with SB 379 (climate adaptation and resiliency strategies), policy discussions will address climate vulnerability. PlaceWorks will also consider policies to integrate the 2018 Tri-Valley Local Hazar d M
itigation Plan, as required by AB 2140. Policy options shall also address fire hazards, in accordance with SB 1241.  Community Health and Well -Being. Based on the analysis of disadvantaged communities in Task 3.2 , PlaceWorks will preliminarily identify and map environmental justice (EJ) communities for vetting by C ity staff and the community.

PlaceWorks will prepare policy options to reduce the unique and compounded health risks and prioritize improvements in EJ communities and increase access to resources and amenities.  Arts and Culture . PlaceWorks will prepare policy options for supporting arts organizations and expanding arts programming in public spaces.
 Natural and Cultural Resources. PlaceWorks, GPA Consulting, WRA, and Archeo-Tec will address agricultural, renewable energy, historic, cultural, and ecological resources, including equitable access to open space and opportunities for rewilding as called for in SB 1425.
 Infrastructure and Services. PlaceWorks will prepare policy options for public services, recreation, infrastructure financing, asset management, and water supply, including recommendations to support groundwater sustainability, in accordance with AB 1739 (groundwater management).

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

EXHIBIT A
256

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 19
SEPTEMBER 20, 2023
 Open Space, Agriculture, and Scenic Corridors. Policy discussions will address topics such as open space and agricultural preservation and preservation of scenic corridors.

5.4 Draft Goals, Policies, and Actions
Before compiling the full Administrative Draft General Plan, PlaceWorks will prepare a complete set of draft goals, objectives, policies, and actions for City staff review. The draft goals, objectives, policies, and actions will respond to the policy direction obtained in Task 5.3 taking the next step to identify the specific organization and wording that will be used in the General Plan. PlaceWorks will submit a complete set of draft goals, objectives, policies, and actions to the City; after City staff review.

Following staff review, PlaceWorks will incorporate the revised set of goals, objectives, policies, and actions into the Administrative Draft General Plan in Task 7.3.

5.5 Land Use Map Update
PlaceWorks will review the current General Plan land use map with City staff and identify any parcels or areas for which land use designations should be updated to reflect minor land use changes, such as to bring outdated land use designations into consistency with built or approved projects, delete land use designations that are no longer used, or respond to individual landowner requests that do not require extensive public discussion.

PlaceWorks will work closely with City staff to understand how existing land use designations are falling short in reflecting and affecting conditions on the ground.

PlaceWorks will also conduct an analysis to ensure that the General Plan land use map is consistent with the Livermore Executive Airport 2012 Airport Land Use Compatibility Plan.

The outcome of this task will be an updated land use map and a first draft of revised land use designation descriptions.

Task 6. Housing Element and CEQA

6.1 Housing Element Project Management and Initiation
PlaceWorks will communicate with Livermore staff via phone and email throughout the project. We will:

1. Provide monthly email progress reports to the l City staff and a monthly meeting with each City staff during the process.

2. Provide and maintain an Internet-based folder for all project materials accessible to City staff and consultants.

PlaceWorks will prepare for and attend a virtual kick- off meeting with the City to exchange information and initiate work.

At the meeting, we will:
 Determine staff contact protocol.
 Review the scope of work and schedule.
 Review Housing Element legal requirements and California Department of Housing and Community Development (HCD) practices.
 Identify stakeholders.
 Provide a list of data needs.

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

EXHIBIT A
257

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 20
SEPTEMBER 20, 2023
 Provide recommendations on format and organization of the 2023 –2031 Housing Element document based on the existing 2015–2023 Housing Element, input from City staff at the kickoff meeting, and best practices taken from other Housing Elements.

6.2 Housing Element Outreach
PlaceWorks will conduct stakeholder and service provider consultations with organizations representing different socio - economic members of the region to identify housing needs. We will work with the City to develop a comprehensive list of organizations throughout the region, which will likely include fair housing organizations, affordable housing providers, social service providers, community group representatives, and the Housing subgroup of the Equity and Inclusion Committee. The list must include organizations serving low -income families, people experiencing homelessness, and Spanish -speaking community members. PlaceWorks will conduct at least 6 phone surveys with stakeholders to discuss the issues and housing- related needs of their constituents and potentially conduct an email survey as well.

PlaceWorks also proposes:
 One to three meetings with the CAC, as listed in Task 1.4, pending other CAC meeting t  One Planning Commission Study Session and/or City Council Study Session to discuss the new state laws and solicit input on site selection (if necessary) and other approaches to meeting the RHNA. This can also be done as a joint meeting.
 Four public hearings. One hearing each with the Planning Commission and the City Council to present the Draft Housing Element prior to submitting the Housing Element to HCD and then one public hearing to the Planning Commission to recommend adoption and one public hearing to the City Council for adoption of the Housing Element and associated documents.
 Partner with Community Based Organizations described in Task 1.9 to solicit community input on the Housing Element.  Community events described in Task 1.5 will obtain input on the Housing Element, including events conducted in Spanish. Virtual events will utilize accessible formats that bridge the digital divide, such as mobile phone and Facebook Live.

6.3 Document Review
PlaceWorks will review documents relevant to the Housing Element U pdate to gain an understanding of local conditions and needs. Documents will include, but are not limited to:
 2015–2023 Housing Element
 All past communication with HCD, including any findings letters  General Plan
 Housing Element annual progress reports
 Zoning code
 Any other applicable programs and ordinances

6.4 Review of Previous Housing Element Programs
PlaceWorks will work closely with Livermore to determine the status, effectiveness, and appropriateness of the 2015–2023 housing programs. We will gather and document all available information regarding specific accomplishments. We will DocuSign Envelope ID: 761B4B81-20FE-4F6E-A6BF-5549D1A20E19

EXHIBIT A
258

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 21
SEPTEMBER 20, 2023
identify content to drop, change, or add. Findings from the evaluation will be detailed in a matrix to be included in the draft Housing Element and used as a basis for program revisions for the remainder of the planning period. PlaceWorks will send the review matrix to Livermore to provide input before including it in the Administrative Draft Housing Element.

6.5 Land Inventory
The City currently has a draft RHNA of 4,570 units, which is a substantial increase from 2,729 units assigned in the fifth cycle 2015-2023 planning period. PlaceWorks will take the following steps to prepare an updated land inventory and ensure that there is a surplus of sites so there are no concerns about a no -net-loss situation. This work will be incorporated in the Administrative Draft Needs Analysis chapter.
a. Housing Parcel Identification Analysis
PlaceWorks realizes that identifying adequate sites can be a large undertaking. We will use the current sites inventory as a starting point and work with the City to determine which sites are still viable RHNA sites based on new state law requirements, including, but not limited to, the following:
 Additional analysis for sites smaller than one-half acre, larger than 10 acres  Additional analysis for underutilized sites
 Identify sites included in the past two Housing E lement cycles that are now required to allow affordable housing by - right
 Identify if sites are publicly owned
 Indicate whether a site has available or planned and accessible infrastructure Based on our initial conversations with City staff , PlaceWorks assumes the City will not need to identify sites to rezone to meet any RHNA shortfall. If this situation changes, we will work with the City to identify candidate sites and coordinate with our General Plan and environmental team to evaluate these sites.

For this task, our approach is as follows:
 Incorporate the Regional Housing Needs Allocation prepared by the Association of Bay Area Governments (ABAG) for the 2023-2031 cycle.
 Document potential sites. We will prepare an inventory, map, and analysis clearly illustrating Livermore’s capacity to accommodate the new RHNA. In keeping with S tate law, PlaceWorks will document the realistic development capacity of each site and prepare a map showing all identified sites.  Investigate alternative RHNA credits. This includes analyzing the capacity for alternative RHNA credits for accessory dwelling units, guest quarters, preservation of existing at- risk affordable housing projects, and other similar, nontraditional RHNA credit opportunities.
 Ensure sites affirmatively further fair housing. We will work with City staff to determine if the sites identified in the i
nventory are located throughout the community in a manner that affirmatively furthers fair housing. b. Underutilized Sites Analysis
PlaceWorks will complete an analysis of nonvacant sites to potentially address a portion of the RHNA. As part of this analysis, we will analyze the realistic development potential within the planning period by considering the extent that a nonvacant site’s existing use impedes additional residential development, Livermore 's past experience converting existing uses to higher-density residential development, market trends and conditions, and regulatory or other incentives or standards that encourage additional housing development on any nonvacant sites.

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

EXHIBIT A
259

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 22
SEPTEMBER 20, 2023
c. Demonstrate Feasibility of Infill and Densities Less Than 30 du/acre To demonstrate the feasibility of infill sites and densities less than 30 dwelling units per acre ( du/acre), PlaceWorks will review similarly situated built projects in Livermore and the neighboring communities, calling local developers, and reviewing proformas submitted to the City to infer development feasibility. d. Infrastructure Analysis
PlaceWorks will work to determine if parcels included in the inventory have sufficient water, sewer, and dry utilities supply available and accessible to support housing development. We will work with the General Plan team to review existing General Plan programs or other mandatory programs or plans to secure sufficient water, sewer, and dry utilities supply to support housing development on the site. The analysis will include sufficient detail to determine whether the service levels of water delivery/treatment systems and sewer treatment facilities are sufficient and have capacity to accommodate development on all identified sites to accommodate the RHNA. e. Financial and Programmatic Resources.

PlaceWorks will update financial, physical, and programmatic resources available for affordable housing programs, including local, state funding programs, and private-sector resources. We will assess current and potential housing programs to recommend future programs that will support the City’s housing objectives. f. Electronic Housing Element Site Inventory Form
Pursuant to SB 6 (Chapter 667, Statutes of 2019), for a Housing Element adopted on or after January 1, 2021, an electronic copy of the final inventory of the land inventory parcels using HCD -approved Excel spreadsheets must be prepared and submitted to HCD with the Housing Element. PlaceWorks will submit Livermore’s final electronic Housing E lement site inventory form to HCD upon adoption of the Housing Element. g. Fair Housing Assessment
AB 686 requires each city or county to take actions to overcome patterns of segregation, address disparities in housing needs and access to opportunity, and foster inclusive communities. PlaceWorks will prepare an assessment of fair housing practices, examine the relationship of available sites to areas of high opportunity, and include actions to affirmatively advance fair housing. The California Tax Credit Allocation Committee/HCD Opportunity Maps will be included and are intended to display the areas, according to research, that offer low-income children and adults the best chance at economic advancement, high educational attainment, and good physical and mental health. The goal of AB 686 is to ensure available sites for low-income housing are in high resource areas rather than concentrated in areas of high segregation and poverty.

It will be important to demonstrate adequate sites throughout the City and meaningful actions to overcome geographic disparities.

6.6 Housing Needs Assessment Document
PlaceWorks will create a housing needs analysis document pursuant to Government Code Section 65583 with data from the HCD pre-approved data packet, 2010 (or 2020 if available) U.S. Census data, ACS data, the HCD approved ABAG data packet, and other relevant sources. PlaceWorks will coordinate with staff to evaluate housing conditions using state-approved criteria. This work will be incorporated in the Administrative Draft Needs Analysis chapter. The regional housing needs analysis will include the following.
 Population and Demographics: Population trends and projections, race and ethnicity, and population age.

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

EXHIBIT A
260

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 23
SEPTEMBER 20, 2023
 Household Characteristics: Number, size, and type of existing households, and characteristics of lower -income households (including extremely low).
 Employment and Income: Employment by industry, occupation of employed residents, and income trends.  Housing Stock Characteristics*: Housing types and conditions, overcrowded households, and vacancy rates.  Housing Costs and Affordability: Home sale price trends, rental costs, affordability for households at all income levels, and overpayment.
 Special Housing Needs: Special housing needs of persons with disabilities (including persons with developmental disabilities), multilingual individuals, people experiencing homelessness, seniors, large households, and female-headed households.
 Fair Housing Assessment (new requirement): An analysis of impediments to fair housing, pursuant to AB 686. This is now required for all Housing Elements adopted after 2021.  At-Risk Housing: Inventory and analysis of existing affordable units at risk of converting to market rate during the planning period.
 Opportunities for Energy Conservation: Pursuant to SB 375 and AB 32, an inventory and analysis of opportunities to encourage the incorporation of energy -saving features, energy -saving materials, electrification, and energy-efficient systems and design for residential development.
*This scope does not include a windshield housing conditions survey. We anticipate that we can fulfil the requirement to identify the number of houses that need rehabilitation or replacement with building permit and code enforcement data that we obtain from City staff.

6.7 Housing Constraints
PlaceWorks will complete a regional analysis of potential nongovernmental constraints, including construction costs and the availability of financing. This work will be incorporated in the Administrative Draft Constraints chapter.

We will update the actual governmental constraints, including constraints to maintenance, improvement, and development of housing (pursuant to Government Code Section 65583(a)(4,5)). Potential constraints to be reviewed include any land use controls, fees and exactions, permit processing procedures, building codes and code enforcement, and land. We will identify potential programs and strategies to reduce or remove identified constraints. This task will include all the analysis needed to comply with recent updates to state housing law.

6.8 Housing Goals, Policies, and Quantified Objectives
PlaceWorks will work with the City to update goals, policies, programs, and quantified objectives (pursuant to Government Code Sections 65583 et seq.) to address identified housing needs and constraints based on the effectiveness and continued appropriateness of existing programs, information received through public outreach, the analysis of constraints, and findings from the needs assessment. Programs will describe specific steps for implementation and will identify a time frame and responsible department. This deliverable will be incorporated in the Administrative Draft Goals, Policies, and Quantified Objectives chapter. Programs will address:
 All new state requirements since adoption of the existing Housing Element  Consistency and compliance with the rest of the City General Plan elements and community goals  Development controls and regulatory incentives
DocuSign Envelope ID: 761B4B81-20FE-4F6E-A6BF-5549D1A20E19

EXHIBIT A
261

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 24
SEPTEMBER 20, 2023
 Housing opportunities for all City residents, including the elderly, those with disabilities, low -income families, the homeless, and other special-needs groups
 Fair housing programs
 Sources of affordable housing funding
 Preserving and improving existing affordable housing
 Facilitating development of adequate housing and infrastructure to meet the needs of low - and moderate- income households in keeping with the regional fair-share allocation  Mitigating any governmental constraints to providing and improving housing

6.9 Administrative Draft Housing Element
PlaceWorks will incorporate the feedback received during the community outreach and stakeholder feedback received into a comprehensive, formatted Administrative Draft Housing Element. PlaceWorks will submit the Administrative Draft Housing Element to the City for review as an electronic copy in Microsoft Word format. Any outstanding data still needed from the City will be flagged in the Administrative Draft Housing Element so it can be addressed during staff’s review. We request that we receive one consolidated set of comments on the administrative draft.

6.10 Public Review Draft Housing Element
PlaceWorks will address staff comments on the administrative draft and reply to any questions. We will incorporate comments and revisions from staff’s review of the administrative draft, as directed. PlaceWorks will then prepare and submit a Public Review Draft Housing Element to HCD and the community for review and comment.

6.11 Adopted Final Housing Element
PlaceWorks will prepare a final Housing Element that incorporates any changes to the public draft from City staff, HCD, or public comments received.

6.12 Housing Element CEQA
Unless a significant change in land use designation or zoning is needed to support the RHNA, it is unlikely that the policies in the updated Housing Element would result in significant changes to the environment. Therefore, the City should be able to rely on the 2015 Housing Element Initial Study/Mitigated Negative Declaration (IS/MND) ) for the analysis of physical impacts associated with future development consistent with the General Plan. Land development standards, such as density and intensity of development, are part of the Land Use Element, and implemented by zoning, not by the Housing Element.

While there may be indirect impacts associated with future actions directed by Housing Element Policy, many agencies are able to adopt their Housing Element with an Addendum to their General Plan EIR. Use of an Addendum provides both the substantial evidence protection of the General Plan EIR, and significantly reduces both the cost and time associated with preparation of a negative declaration or subsequent EIR. PlaceWorks will complete the following tasks to prepare the California Environmental Quality Act (CEQA) clearance for the Housing Element. PlaceWorks will prepare an administrative, screencheck and public review draft IS/MND.

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

EXHIBIT A
262

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 25
SEPTEMBER 20, 2023
a. CEQA Project Descriptions and Preliminary Review
Once the whole of the project is understood, typically around the completion of the sites inventory, PlaceWorks will prepare a project description. After review of the project description with the City, we will meet with City Staff and ensure that an Addendum is still appropriate.
b. 2015 Housing Element IS/MND Addendum
Even with some land use redesignation/rezoning to meet the RHNA, an Addendum may still be possible, as the test is whether the project would result in “…new significant environmental effects or a substantial increase in the severity of previously identified significant effects.” If the Housing Element requires rezoning or up-zoning, PlaceWorks will review the General Plan and EIR for policies and mitigation measures that could be used to reduce impacts at the locations of the rezones. At this point, we believe that the conditions described in CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR will not be met and we will prepare an Addendum to the 2015 Housing Element IS/MND, pursuant to CEQA Guidelines Section 15164, in a format similar to the other Addendums that have been prepared for the City in 2019 and 2020. The Addendum will expla in the decision not to prepare a subsequent EIR pursuant to CEQA Guidelines Section 15162 and will be supported by substantial evidence in either an Initial Study checklist, or similar explanatory document.

Public circulation of an Addendum is not required, but we will provide a copy of the Addendum and substantial evidence to the City for posting on its website.
c. Senate Bill 18 Consultation Support
PlaceWorks will complete the Native American Heritage Commission (NAHC) online form requesting a tribal contact list.

Using the addresses on the list from NAHC, PlaceWorks will draft letters (on City letterhead) to each of the tribes on the NAHC list inquiring whether they want consultation. Because an Addendum is not a publicly circulated document, consultation under AB 52 is not required. PlaceWorks can facilitate and attend the consultation(s); however, the City must be represented. Pursuant to SB 18, tribes identified by NAHC will receive a written letter notifying them of the proposed project and asking if they wish to consult. Following the consultation meeting (or conference call), PlaceWorks will provide the written outcome of the process and a record for the environmental documentation showing that consultation has been completed.
d. Notice of Determination
Following the approval of the Addendum and within five days of approval of the Housing Element, PlaceWorks will prepare a Notice of Determination (NOD). City staff will submit the NOD to the County Clerk and pay all applicable filing fees at the time of posting. Note our budget does not include payment of any filing fees for the NOD.

6.13 HCD Review
PlaceWorks staff maintains strong working relationships with HCD reviewers. Our staff is very familiar with HCD's processes, staff, and what steps to take to ensure Housing Element certification.

PlaceWorks will serve as the City’s liaison to HCD. This service will include:
 Submittal of the draft Housing Element to HCD (60-day review).  Calls and emails with HCD staff to discuss comments.
 Incorporating HCD’s requested revisions.
 Submission of the final draft to HCD for review and approval (90-day review).

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

EXHIBIT A
263

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 26
SEPTEMBER 20, 2023

6.14 Land Inventory GIS Tracking Tool
PlaceWorks will develop a new GIS based land inventory shapefile that contains relevant attributes to capture existing and future conditions and track change by running on the fly calculations to ensure that there is no net loss of residential unit capacity for each income group throughout the entire planning process. This shapefile will include attribution to capture APN, address, lot size, zoning, allowable density, housing units, income category, etc.

Task 7. General Plan
The General Plan Update will address all existing General Plan elements except for the Housing Element, which will be updated in Task 5. The General Plan Update prepared by PlaceWorks will be in a form suitable for both reading as a printed volume and for online viewing. The document will also be created in a format that allows City staff to make text amendments easily and efficiently, in both the printed and online versions. As part of this task, PlaceWorks will prepare an Administrative, Screencheck, and Public Review Draft of the General Plan.

This scope is organized by the contents of the existing General Plan. However, PlaceWorks understands that the organization of the General Plan will evolve as the project unfolds and the Plan content is developed. New elements may be added, and existing elements may be reorganized and combined. The final organization of the Plan document will respond to these changes and to guidance from staff, the community, CAC, Planning Commission, and City Council.

7.1 General Plan Outreach Strategy
At the outset of the General Plan task, PlaceWorks will work closely with City staff to draft and refine an outreach strategy that defines which of the outreach methods and meetings in Task 1 will be used and how. PlaceWorks anticipates General Plan outreach will focus on educating the community about the Draft General Plan and seeking input on the proposed policy direction. Following the public review of the Draft General Plan, PlaceWorks anticipates facilitating a series of meetings with the CAC to review and get feedback on the Draft General Plan. Community and CAC feedback on the Draft General Plan will be shared with the Planning Commission for review and comment and to the City Council for final direction. PlaceWorks will prepare an administrative and final draft of the general plan outreach strategy.

7.2 General Plan Outline and Format
Prior to preparing the Administrative Draft General Plan, PlaceWorks will submit a draft outline of the General Plan, as well as a memorandum defining important components, such as page layout; figure and policy numbering convention; wording; and definitions of goals, objectives, policies, and implementation measures. City staff will review and

7.3 Administrative Draft General Plan
The PlaceWorks team will prepare a General Plan that meets State legal requirements, is readable/user -friendly, easy to implement, and responds to staff and community needs. The General Plan will provide an integrated, internally consistent statement of the C ity’s goals, objectives, policies, and actions. Each element of the updated General Plan will include the following:
 A brief review of background information summarizing current conditions in the Planning Area. Rather than exhaustive explanations of technical details, these sections will provide concise explanations that set the stage for the goals, objectives, policies, and actions.
 Clearly articulated goals that the C ity is attempting to attain, toward which progress can be measured and reported annually.
 Policies and actions that the City will implement to achieve its goals.

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

EXHIBIT A
264

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 27
SEPTEMBER 20, 2023
 Maps, tables, photographs, and other graphics to clarify and illustrate key concepts.

Because some important issues are interrelated with other topics and therefore do not lend themselves to a discrete General Plan element, PlaceWorks will use icons to call out policies and implementation measures that relate to those key issues.

The icons will also be summarized by topic in an appendix so that a reader can find all policies and actions related to a topic in one place.

The specific contents of the sections described herein may be modified upon consent by City staff, pending the evolution of the General Plan Update.
a. Introduction
This section will explain the purpose of the General Plan, what it contains, how it can serve different users (e.g., concerned residents, property owners, elected officials, and staff), an overview of the Planning Area boundaries, and the process through which it was created.
b. About Livermore
This section will describe Livermore’s physical setting, a brief overview of Livermore’s history, including documenting the legacy of the Native Americans who first inhabited the area. c. Land Use Element
The updated Land Use Element will shape future physical development throughout Livermore. As a mandatory element, its basic contents are guided by statutory requirements, but the specifics will be highly tailored to Livermore. The Element will regulate the distribution, location, and extent of the uses of land for housing, business, industry, open space, natural resources, recreation and enjoyment of scenic beauty, education, public buildings and grounds, and other categories of public and private uses of land, and establish standards of population density and building intensity for land use designations.

The Land Use Element will also contain sections for other legally required topics, such as consistency with the Airport Land Use Compatibility Plan.

The Land Use Element will also include policies and implementation measures addressing age- friendliness, health, environmental justice, and disadvantaged communities. PlaceWorks will develop these policies, and others throughout the General Plan, in collaboration with City staff.

The Land Use Element will incorporate any changes incorporated through the selection of the Preferred Land Use Scenario as well as land use map updates determined in Task 5.5. d. Community Character Element
The Community Character Element will identify policy direction to enhance Livermore’s community character and ensure that the physical appearance of the city embodies and is consistent with the values and vision identified by the community through the General Plan update, such as diversity and inclusivity. Topics addressed in this element include scenic corridors, open space, light and glare, urban design, cultural and historic resources, and arts and cultural programming. e. Circulation Element
Kittelson will lead the preparation of the updated Circulation Element in collaboration with PlaceWorks and City staff. The updated Circulation Element will incorporate Complete Streets policies, reflect new General Plan guidelines, and incorporate new policies related to VMT, transportation demand management, traffic calming, and emerging transportation technologies. Kittelson will incorporate relevant ideas and findings from the Livermore Bicycle, Pedestrian, and Active DocuSign Envelope ID: 761B4B81-20FE-4F6E-A6BF-5549D1A20E19

EXHIBIT A
265

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 28
SEPTEMBER 20, 2023
Transportation Plan, East Avenue Corridor Study , and the updated CAP, although each of these will remain separate and independent documents.

Kittelson will incorporate the modeling results from Task 8 to incorporate additional major transportation infrastructure needed to address future deficiencies the circulation diagram showing circulation system improvements, and the transportation network identified to support future land uses. f. Housing Element
See Task 5 for a description of the Housing Element Update. g. Infrastructure and Public Services Element
The Infrastructure and Public Services Element will identify and discuss major issues affecting the adequate provision of public facilities to meet the needs of future development, including funding and potential constraints associated with service and the need to coordinate growth with funding to maintain and protect quality of life for all residents. This element will address the provisions of SB 244 and SB 1000 and their focus on providing equitable access to services and infrastructure.

Working in collaboration with Public Works, PlaceWorks will also incorporate the guiding policy recommendations from the Asset Management Program. Based on the existing element, the updated element will include the following topics:
 Water: Supply and conservation, including new requirements for sustainable groundwater management  Wastewater: Collection and treatment
 Stormwater: Collection and current ideas about green infrastructure  Public Utilities: Pacific Gas & Electric and telecommunications, broadband internet, and cable services  Police Services and Urban Fire Protection
 Schools and Childcare: A lthough the City does not administer schools, State statutes allow certain City engagement with school districts in site selection/school design. The General Plan can stress the importance of education to the community and the need for close coordination between the City and the Livermore Valley Joint Unified School District.  Solid Waste Collection: Reflective of new requirements, such as organic waste diversion under AB 1826 (2016) and SB 1383 (2016)
 Community Health Facilities
 Homeless Services and Facilities: To be coordinated with updates to the Housing Element  Other Public Facilities (e.g., libraries)
h. Open Space and Conservation Element
The Open Space and Conservation Element will address the conservation, development, and utilization of the range of natural resources in Livermore, including:
 Vegetation, wildlife, habitat, and ecological resources, incorporating relevant data and strategies from the Eastern Alameda County Conservation Strategy.
 Agricultural resources and soil resources.
 Mineral resources.
 Water resources and quality, including urban and rural creeks, with updates to reflect the findings of the vulnerability assessment.

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

EXHIBIT A
266

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 29
SEPTEMBER 20, 2023
 Open space for outdoor recreation and conservation.
 Air quality and GHG emissions.
 Energy conservation and waste reduction.
 Open Space as a cultural resource – native American significance, such as peaks and riparian areas i. Noise Element
The Noise Element will analyze and quantify current and projected noise levels for roadways, railroad operations, the airport, industrial facilities, and other stationary noise sources in the Planning Area. PlaceWorks will map general stationary and transportation-related noise contours and develop associated goals and policies. j. Public Safety Element
The Public Safety Element aims to reduce the short- term and long-term potential threats to community health and safety, foster a resilient local economy and natural ecosystem, and minimize the potential for disruption. This General Plan Update is an opportunity to build on recent regional and state hazard mitigation and adaptation planning efforts and to update data, methods, and strategies consistent with State requirements and best practices.

The PlaceWorks team will update the Public Safety Element, as follows:
 Background information,
 Hazard-specific information and details,
 Applicable mapping, including required evacuation mapping, and  Goals, policies, and strategies.

The element will incorporate the Climate Change Vulnerability Assessment and other relevant analyses. We anticipate the updated Public Safety Element will address natural, climate, and human- made hazards identified in the existing Safety Element and the 2018 Tri-Valley Local Hazard Mitigation Plan, and the Climate Vulnerability Assessment, including flooding, seismic and geologic hazards, drought, extreme weather, wind, fire, agricultural pests and diseases, human health hazards, airport safety, and hazardous materials. In addition to hazards, we recommend the Public Safety Element address evacuation, energy resilience, power shutoffs, and emergency preparedness and response.

Goals, policies, and implementation programs will be responsive to these issues and meet requirements of the California Government Code. We emphasize a “no -regrets” approach that builds short- and long -term community resiliency and provides co-benefits, such as financial savings, conservation of natural resources, and improvements to public health. We will streamline the element by creating policies that address multiple issues of concern, including climate mitigation and adaptation, environmental justice, and community health, and provide multiple benefits. k. Economic Development and Fiscal Element
The Economic Development and Fiscal Element will include goals and policies addressing a range of topics, building on City strategies to promote a healthy and diverse economy through encouraging local innovation-driven opportunities, seeking balanced economic expansion that preserves Livermore’s sense o f place, and supporting diverse and thriving commercial nodes within the Ci ty that promote diversity, resiliency, and inclusivity . Goals and policies in this element will leverage current and past City efforts and will consider new opportunities for c ommercial development in the Focus Areas, as identified in the Preferred Scenario. Pending the ultimate organization of the Plan, this element may also touch on arts and culture as a component of a thriving economy.

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

EXHIBIT A
267

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 30
SEPTEMBER 20, 2023
EPS will rely on input from the City’s Office of Innovation and Economic Development, and interviews with City staff and local stakeholders, to provide suggestions for economic development actions and implementation recommendations , reflecting best practices, the capacity and resources of the City and its partners, and local and regional economic conditions.

Potential strategies also will consider the City’s goals for jobs, housing, environmental protection, and fiscal health.

Relying on the SWOT assessment, and building on EPS professional experience in economic development, real estate, and public finance in similar jurisdictions, EPS will define a broad set of possible economic development approaches. In consultation with Cit y staff, potential strategies will be revised and/or refined and organized around the main economic development goals of the City. The agreed-upon economic development concepts will comprise the economic development strategies recommended for inclusion in the Economic Development and Fiscal Element. l. Implementation Strategy
PlaceWorks will prepare an Implementation Strategy, which will be summarized in a matrix, for the updated General Plan to connect day-to-day department operations and short-term implementation measures with long-term goals. For each of the implementation measures listed in the adopted General Plan, PlaceWorks will:
 Identify the specific General Plan goal the item will implement.  Identify the agency, department, or organization to carry out the task.  Identify resources required for the item.
 Identify the timeframe needed to complete the task.
 Establish a measure to indicate successful completion of the task. m. Glossary and Abbreviations
The final section of the General Plan will be a glossary of technical terms and a list of abbreviations. n. Appendices
PlaceWorks will compile technical data and documentation of the public outreach process in appendices to the General Plan.

7.4 Draft General Plan
Based on comments from City staff, PlaceWorks will prepare the Screencheck and Public Review Drafts of the General Plan.

PlaceWorks will submit these documents to City staff in Word and PDF format. The PlaceWorks team will prepare all text, tables, and figures to be incorporated in the Draft General Plan.

Task 8. General Plan EIR
PlaceWorks will prepare an Administrative Draft EIR and submit it electronically to City staff for review and comment. The impact analysis will be comprehensive and cover all CEQA requirements. Significance criteria will be identified for each impact topic based upon thresholds of significance identified in Appendix G, Environmental Checklist Form, of the CEQA Guidelines and identified in the scoping process.

Impacts and mitigation measures will be organized and discussed by topic. For each identified environmental impact, a set of feasible mitigation measures will be recommended. Pertinent calculations and technical information will be provided in attached appendices.

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

EXHIBIT A
268

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 31
SEPTEMBER 20, 2023
The Draft EIR will be organized by the following main topics:
 Executive Summary. PlaceWorks will create a summary in a form consistent with CEQA Guidelines Section 15123, Summary. This summary will facilitate a quick understanding of environmental issues and the actions required to mitigate potential impacts. It will include a summary table of impacts, mitigation measures, and levels of significance before and after mitigation.
 Introduction and Project Description. These chapters will introduce the EIR and provide a stable project description for the General Plan Update.
 Setting, Impacts, and Mitigation Measures. The existing setting information, impact analyses, and mitigation measures will be combined to create chapters describing environmental consequences for each CEQA-required topic. The existing setting information will draw from the existing conditions reports prepared for the General Plan Update.  Alternatives Evaluation. The alternatives evaluation chapter will include a tabular comparison of the impacts of each alternative, and a qualitative comparison in adequate detail to provide meaningful distinctions and conclusions.  CEQA-Mandated Sections. PlaceWorks will prepare assessment conclusions to meet CEQA Guidelines for the following mandatory findings:
 Cumulative Impacts
 Growth Inducement
 Unavoidable Significant Effects
 Significant Irreversible Changes
 Impacts Found Not to be Significant
 Organizations and Persons Consulted. This chapter will include agencies and persons contacted.  Report Preparers. This chapter will identify the consultants and staff who prepared the EIR.

Potential significant impacts anticipated to occur as a result of the proposed General Plan Update shall be mitigated to be less than significant as much as possible. In the event that potential significant impacts remain, new policies and programs will be proposed to further mitigate the potential impacts. Mitigating policies and programs will ensure the General Plan Update is “self-mitigating” to the degree feasible.

The PlaceWorks team will complete the following tasks in preparing the EIR.

8.1 Notice of Preparation and Scoping Session
PlaceWorks will prepare a Notice of Preparation (NOP) of an EIR, for staff review, pursuant to CEQA Guidelines Section 15082, Notice of Preparation and Determination of Scope of EIR, and distribute it to the State Clearinghouse. In addition, PlaceWorks will attend a scoping meeting and prepare a presentation for the meeting. This scope assumes that City staff will be responsible for noticing and outreach.

Following the 30-day scoping period, PlaceWorks will organize the comments received in both written form and summaries of oral comments given at the scoping meeting (if no formal recording is prepared). We will prepare a written summary of each comment in matrix format that identifies the commenter and the environmental issues raised during the scoping period for inclusion in the Draft EIR.

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

EXHIBIT A
269

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 32
SEPTEMBER 20, 2023

8.2 2045 Horizon Year General Plan Projections
PlaceWorks will work with City staff to estimate the amount of potential horizon year development to be evaluated in the EIR. The development estimates will be organized by land use type (e.g., residential, office, commercial, industrial) and will demonstrate the amount of development expected to occur by the horizon year of the General Plan (assumed to be 2045).

We will prepare a draft set of numbers, make any changes needed, and provide staff with an opportunity for a final review before using those numbers as the basis for the quantitative evaluation in the EIR for the environmental topics of air quality, energy, GHG, noise, public services, transportation, and utilities.

8.3 Thresholds of Significance Memorandum
Based on the CEQA Guidelines, Appendix G, and other applicable federal, state, and local sources, including input from City staff, the PlaceWorks environmental team will develop thresholds of significance for each area of environmental analysis for use in evaluating the potential impacts of implementing the General Plan Update. In developing thresholds of significance, the PlaceWorks team will consider construction -period and operational impacts for future development throughout the General Plan horizon.

8.4 EIR Introduction and Project Description
PlaceWorks will draft the introduction of the EIR, which includes the Introduction and Executive Summary chapters. These chapters will discuss the purpose, intended use, tiering and streamlining process, the environmental review process, organization of the EIR and its relation to other plans and regulations, actions required to implement the General Plan Update, explanation of mitigation measures, and a description of agencies that may use the EIR. Following the preparation of the Screencheck Draft EIR, PlaceWorks will include a summary of the environmental analysis conclusions of the Draft EIR in the Executive Summary. The conclusions will be formatted in a table with four columns: (1) impact; (2) significance without mitigation; (3) mitigation measures; and (4) significance with mitigation.

PlaceWorks will draft a project description for City staff to review and approve, with additional narrative discussing the location, and regional context of the City. This section will also discuss the general components of the General Plan Update, as well as the differences between the current General Plan and the new update, which will be discussed in a quantifiable manner, as will the rest of the EIR. The project description will expand on the purposes of the EIR for the General Plan Update and will discuss the required permits and approvals needed to adopt the plan.

8.5 Setting, Impacts, and Mitigation Measures
PlaceWorks will prepare the setting section of the EIR by referencing existing conditions data compiled in Task 3.1.

PlaceWorks will establish the cumulative setting with input from the City, which describes the reasonably foreseeable development in the current pipeline and other projects in proximity to the EIR Study Area with the potential to affect the cumulative setting. The PlaceWorks team will evaluate cumulative impacts under each environmental topic area listed under Task 8.5.

We will draft each chapter of the EIR to include a discussion of impacts and mitigation measures pursuant to the CEQA Guidelines. This analysis will include a narrative discussion of potential impacts of the General Plan Update policies that will serve as mitigation. The applicable environmental topics to be included are listed below.

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

EXHIBIT A
270

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 33
SEPTEMBER 20, 2023
a. Aesthetics
The aesthetics analysis will determine whether the General Plan Update will have a substantial adverse effect related to aesthetic or visual resources. This section will describe the visual qualities of the EIR Study Area, and surroundings, including landscape setting, open space, view corridors, views, entrances and edges, and sources of light and glare. It will also summarize information on all applicable regulations related to visual quality and aesthetics, including how Public Resources Code (PRC Section 21099, formerly Senate Bill 743, passed in 2013, applies to future development. PRC 21099 made changes to the CEQA for projects located in transit-oriented development areas. Among these changes are that a project’s aesthetics impacts are no longer considered significant impacts on the environment if the project is a residential, mixed-use residential, or employment center project and if the project is located on an infill site within a transit priority area (TPA). 1 If necessary, mitigation measures to reduce aesthetics impacts to a less -than-significant level will be recommended in the form of additional or revised policies.
b. Agriculture and Forestry Resources
This section will catalog any local agricultural resources. Potential impacts to these resources as a result of the proposed plans will be analyzed to determine if they pose a substantial adverse effect. These impacts may occur through direct conversion of Important Farmland, conflicts with land protected under Williamson Act contracts, or through potential indirect impacts on existing agricultural operations. In the event an impact is determined to be significant, mitigation measures shall be included to reduce the impact to as minimally significant as possible. c. Air Quality and Greenhouse Gas Emissions
PlaceWorks will prepare an air quality and GHG emissions analysis for the Livermore General Plan Update and EIR. The analysis will be based on the current methodology of the Bay Area Air Quality Management District’s (BAAQMD ) CEQA Air Quality Guidelines for projects in the San Francisco Bay Area Air Basin (SFBAAB). i. Existing Emissions Inventory
PlaceWorks will prepare an existing criteria air pollutant and GHG emissions inventory for the City. We will utilize as much information as possible from the Climate Action Plan ( CAP) Update and supplement the data for additional sectors for the sphere of influence (SOI) and criteria air pollutant emissions for applicable sectors. PlaceWorks will update the CAP modeling to the 2021 baseline year. For the General Plan Update and EIR, which will include the City and the SOI, the inventory will include the following sectors.
 On-Road Transportation. Development allowed under the General Plan would generate criteria air pollutant and GHG emissions from an anticipated increase in trips and vehicle miles traveled (VMT) by passenger vehicles and trucks. At this time, we do not know the methodology being utilized for the CAP update for the on -road transportation sector.

For the EIR, VMT provided by the General Plan transportation consultant will be modeled using the California Air Resources Board’s (CARB) latest emissions factor model (EMFAC2021) for both GHG emissions and criteria air pollutant emissions.
 Residential and Non-Residential Built Environment (Energy ). Buildings in the City consume electricity and natural gas.

We are assuming the City will be able to provide the supporting files prepared by the City’s CAP consultant to support our review and assessment of the activity data used for the CAP update (i.e., annual electricity and natural gas use for residential, non -residential, and agriculture uses) and the carbon intensity factors used for electricity for existing

1 California Legislative Information, 2013, Senate Bill No. 743, Chapter 386, http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB743&search_keywords=, accessed July 9, 2020.

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

EXHIBIT A
271

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 34
SEPTEMBER 20, 2023
conditions and the forecast year. PlaceWorks will update this data to the 2021 baseline year. Because the CAP update is only calculating GHG emissions from the built environment, PlaceWorks will model criteria air pollutant emissions from natural gas use for the Air Quality chapter of the EIR. It should be noted that the Lawrence Livermore National Laboratories under federal jurisdiction and not the City of Livermore. Additionally, it is assumed that PG&E excludes electricity and natural gas use for this facility from energy reports submitted to the City.  Water Use/Wastewater Generation. Electricity is used to transport and treat water for indoor and outdoor purposes.

Additionally, treatment of wastewater generates fugitive GHG emissions. We are assuming the City will be able to provide the supporting files prepared by the City’s CAP consultant to support our review and assessment of the activity data used for the CAP update (i.e., annual gallons of water and wastewater) and the carbon intensity factors used for electricity-related water use and wastewater generation for existing conditions and the forecast year. GHG emissions per gallon per service population for existing conditions will be used to estimate GHG emissions from waste generated by the population and employment in the SOI.
 Solid Waste Disposal. Disposal of municipal solid waste generate indirect GHG emissions from decomposition of organic materials. We are assuming the City will be able to provide the supporting files prepared by the City’s CAP consultant to support our review and assessment of the activity data used for the CAP update (i.e., annual tonnage of waste sen t to
landfills) and details on the calculation methodology for this sector are provided in the CAP update. GHG emissions per ton per service population for existing conditions will be used to estimate GHG emissions from waste generated by the population and employment in the SOI.
 Agriculture. This sector includes emissions from off -road agricultural equipment fuel use and equipment emissions , fertilizer application on crops, livestock digestion (enteric fermentation and manure management), pesticide application, and agricultural residue burning. Because the CAP is focused on the City boundaries and not SOI, it is assumed that the CAP update does not include this sector and that PlaceWorks would quantify emissions.  Other Applicable Sources. Use of off-road equipment, such as those used during construction activities, in the City also generates criteria air pollutant and GHG emission. We are assuming the City will be able to provide the supporting files prepared by the City’s CAP consultant to support our review and assessment of this activity data, including OFFROAD 2017, so that we can apply these assumptions to the SOI.  Permitted Sources . While industrial sources in the City generate emissions, these stationary sources are permitted sources of emissions and not under the direct or indirect control of the City. If information is available for permitted sources from BAAQMD, these sources will be identified within the inventory separately. ii. Future Emissions Forecasts
Once the General Plan Update horizon year land use statistics are compiled, PlaceWorks will conduct emissions forecasts for the General Plan Update h orizon year and/or utilize the emissions forecasts in the CAP update, depending on whether or not the emissions forecast year for the General Plan is the same as that being analyzed in the CAP (i.e., 2045) and whether or not the CAP update utilizes the population and employment forecasts being utilized for the General Plan update and EIR.

Additionally, our scop e of work includes a forecast of criteria air pollutant emissions and GHG emissions in the SOI. The emissions forecast will be based on historic information compiled for the existing conditions and forecasted based on the increase in population and employment in the City and SOI as a result of implementation of the General Plan Update. It is assumed that the CAP consultants will be able to provide details on the emissions factors and calculation methodology to ensure consistency with the General Plan Update and CAP update. For the transportation sector, the increase in VMT will be based on the data provided by the traffic engineer. For the General Plan horizon year air quality and GHG forecast, PlaceWorks will consider existing regulations that reduce criteria air pollutant and GHG emissions.

DocuSign Envelope ID: 761B4B81-20FE-4F6E-A6BF-5549D1A20E19 EXHIBIT A 272

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 35
SEPTEMBER 20, 2023
iii. Air Quality and GHG Emissions EIR Analysis
The EIR will detail potential environmental impacts associated with implementation of the General Plan Update compared to the CEQA Guidelines Appendix G threshold questions.

The results of the technical modeling described above will be compiled into the EIR. Model outputs will be included as an appendix. Regional emissions will be compared to the applicable thresholds. Potential localized air quality impacts from construction activities associated with implementation of the General Plan will be described qualitatively and mitigation measures will be recommended to ensure that implementation of projects under the General Plan does not expose sensitive receptors to substantial pollutant concentrations.

The SFBAAB is currently designated nonattainment under the National and/or California ambient air quality standards (AAQS) for ozone (O 3), coarse inhalable particulate matter (PM 10), and fine inhalable particulate matter (PM 2.5). BAAQMD has adopted a Clean Air and Plan to ensure BAAQMD can attain the long-term National and California AAQS. The study will include a consistency evaluation of the project’s regional emissions to goals of the Clean Air Plan . The outcomes of the Senate Bill 1000 Environmental Justice outreach will be documented in the EIR. The SFBAAB is designated in attainment for carbon monoxide (CO) under both the California and National AAQS. Therefore, the air quality analysis will include only a qualitative assessment of CO hotspots. In addition, the study will include a qualitative assessment of potential odor generators to describe potential odor impacts.

The GHG analysis will discuss the GHG reduction goals of SB 32, Executive Orders S -03-05 and B -55-18, and SB 375. To achieve the GHG reduction targets of SB 32, the California Air Resources Board (CARB) adopted the 2017 Scoping Plan Update. In addition, the Association of Bay Area Governments (ABAG and the Metropolitan Transportation Commission (MTC) adopted their Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) , Plan Bay Area, to ensure the region can attain the regional transportation-related GHG reduction goals of SB 375. Project consistency with statewide GHG emissions reduction strategies (CARB Scoping Plan) and consistency with Plan Bay Area will be reviewed. PlaceWorks will identify General Plan policies and/or mitigation measures that reduce emissions. d. Biological Resources
PlaceWorks will write the biological resources chapter based on the biological assessment prepared by WRA. The biological resources section of the EIR will discuss potential impacts the General Plan Update may have on existing biological resources, including those on federal or State protected sensitive environments or special status species. In the event that a potential significant impact is foreseen on existing biological resources, mitigation measure will be drafted to reduce the impact to be as minimally significant as possible. The biological assessment will evaluate potential impacts to special status plant and wildlife species, wildlife movement corridors, wetlands and creeks, and riparian or other sensitive resources. e. Cultural and Tribal Cultural Resources
PlaceWorks will write the cultural and tribal cultural resources chapters based on the technical reports prepared by GPA Consulting (historic resources) and Archeo-Tec (archeological resources).

GPA Consulting will prepare a historic resources report built off of their recently completed city -wide survey where they identified all the built environment historic properties in the city and properties that are potentially significant. GPA will organize their report on the Appendix G CEQA Guidelines questions.

Archeo-Tec will review the archival literature review to assess any prehistoric and/or historic period cultural resources previously identified within, or closely adjacent to, the EIR Study Area and if so, to determine their specific locations, dimensions, characteristics and historical significance in accordance with the standards of the CEQA. Special attention will be given to any updates made to the records since the current General Plan. Archeo-tec will prepare a focused assessment DocuSign Envelope ID: 761B4B81-20FE-4F6E-A6BF-5549D1A20E19

EXHIBIT A
273

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 36
SEPTEMBER 20, 2023
of the information recovered through the process of historical review. This includes archaeological sensitivity modeling of the EIR Study Area based on environmental factors and proximity to previously identified cultural resources. The GIS-based, Weighted Overlay analysis will use up-to-date topographic data in combination with a historical hydrology and locations of previously identified archaeological resources. The result of the spatial analysis will be a city -wide map estimating archaeological sensitiv ity. If deemed informative, separate maps for historic and prehistoric resource sensitivity may be generated. Archeo-Tec will organize their written report to accompany the archaeological sensitivity map on the Appendix G CEQA Guidelines questions.

The EIR chapter will address the potential of the General Plan Update to impact prehistoric, historical, or built environment cultural resources, including the potential for buried resources. This will include a recap of the prehistory and history of the city and a review of local, State, and federal laws regarding the treatment of cultural resources. Mitigation measures will be prescribed as appropriate.

This section will also include analysis of tribal cultural resources. The types of resources documented will range from sites and sacred places, to features and landscapes, and any object that may be of cultural value to a California Native American tribe. PlaceWorks will summarize the noticing and outreach outcome from Task 1.10. Mitigation measures will be identified and included in the EIR as needed.
f. Energy
Working closely with the Air Quality and GHG emissions team, this chapter will describe the existing energy sources and demands in Livermore and the energy demands for the existing conditions . The analysis will include descriptions of applicable regulations, such as the 2019 California Building Energy Efficiency Standards (Title 24, Part 6), CALGreen, and the Renewable Portfolio Standard. Pursuant to the CEQA Guidelines, PlaceWorks will prepare the energy section that will describe the required energy demands for the proposed project and energy conservation features to determine if the project will result in wasteful, inefficient, or unnecessary consumption of energy resources during construction or operation.

This section will be prepared to be consistent with the energy demands evaluated in the air quality and greenhouse gas emission sections. In addition, PlaceWorks will describe the state and local mandatory requirements for energy efficiency and demonstrate if the project will conflict with or obstruct any of these requirements. If the project conflicts with or obstruct any of the requirements, this section will provide recommended measures to mitigate identified impacts. g. Geology and Soils
The EIR will analyze the potential for implementation of the General Plan Update to result in significant direct and/or indirect environmental impacts as they relate to geology, soils, and seismicity. The regulatory framework will be evaluated; existing conditions will be researched and clearly described; relevant standards of significance will be established; and potential impacts will be identified and evaluated. In addition, updated General Plan policies that pertain to geology, soils, and seismicity will be reviewed.

A variety of information sources will be used to inform this section of the EIR. These sources may include geologic maps, investigations, and studies published by the California Geological Survey (CGS); California Governor’s Office of Emergency Services; U SDA Natural Resources Conservation Service (formerly, the Soil Conservation Service); Northern California Earthquake Data Center; or U.S. Geological Survey (USGS). An experienced PlaceWorks associate geologist, professionally licensed in the State of California, will personally prepare this chapter of the EIR. h. Hazards and Hazardous Materials
PlaceWorks will analyze the potential for implementation of the General Plan Update to result in significant direct and/or indirect environmental impacts as they relate hazards ah hazardous materials. The regulatory framework will be evaluated; existing conditions will be researched and clearly described; relevant standards of significance will be established; and DocuSign Envelope ID: 761B4B81-20FE-4F6E-A6BF-5549D1A20E19

EXHIBIT A
274

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 37
SEPTEMBER 20, 2023
potential impacts will be identified and evaluated. In addition, updated General Plan policies that pertain to hazards and hazardous materials will be reviewed.

The hazards and hazardous materials section will identify potential hazards (natural and man-made) in the City and policies in the General Plan Update that reduce these hazards for future development in accordance with the proposed General Plan Update. Impacts and appropriate mitigation measures or standard conditions will be included, as necessary. i. Hydrology and Water Quality
This section will build off of the existing conditions report in Task 3.1 and will include the regulatory framework, regional and site-specific hydrological setting of the area, stormwater drainage characteristics, water quality data (both surface and groundwater), local receiving water bodies, pollutants of concern based on changes in land use, and flooding hazards.

Pertinent local plans, laws, and regulations pertaining to hydrology and water quality will be identified, including Livermore’s Municipal Cod e Chapter 13.45, Stormwater Management and Discharge Control and Alameda County Clean Water Program’s C.3 Stormwater Technical Guidance, and the requirements of the area -wide municipal stormwater urban runoff permit issued by the California Regional Water Quality Control Board -San Francisco Bay Region (Order No. R2 -2019-0004, NPDES Permit No. CAS612008).

The analysis will also include the hydrologic setting, regional and local drainage conditions, and issues pertaining to stormwater and flooding, creek protection, and FEMA floodplains. The EIR section will conclude with a discussion of the potential water impacts attributable to the proposed project, based on applicable significance criteria. It is assumed that the City and/or outside consultant will provide information regarding the storm drain system and any capacity constraints associated with future development within the General Plan area. The analysis will be prepared under the direction of a Civil Engineer licensed in the State of California.
j. Land Use and Planning
The land use and planning chapter will clearly describe if the proposed General Plan Update will physically divide any existing community within Livermore and the consistency between the proposed plans and existing plans, regulations, and local and regional laws adopted for the purpose of avoiding an environmental impact. k. Mineral Resources
PlaceWorks will work to gather an up- to-date list of all known mineral resources within the city by using City staff records and related documents. These known mineral sources will be compared to areas of the General Plan that may impact the integrity of these resources. This may include any proposed land use changes that would disturb or extract any mineral resources. In the event that a land use change is expected to disturb a mineral resource, mitigation measures will be included to reduce the effect.
i. Noise and Vibration
PlaceWorks will prepare a noise and vibration technical analyses to support the General Plan Update. The EIR will discuss relevant standards and criteria for noise exposure, including those in the Noise Element and in the Municipal Code. The noise analysis will include a field study and development of updated traffic and rail noise contours. The results of this analysis will be summarized in the EIR and modeling will be provided in an Appendix.

The primary source of noise in the City is traffic on major arterials and highways, including I-580, SR-84, and local roadways.

PlaceWorks will identify major sources of noise in the City and document existing noise levels. PlaceWorks will conduct a noise measurement survey to acquire ambient noise level data. The ambient noise measurement survey will consist of up to 12 short-term (15-minute) locations and 5 long-term (48-hour) locations. These measurement locations will be selected DocuSign Envelope ID: 761B4B81-20FE-4F6E-A6BF-5549D1A20E19

EXHIBIT A
275

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 38
SEPTEMBER 20, 2023
by PlaceWorks, in coordination with City staff, and will take into consideration the major roadways, rail, as well as stationary sources of noise. The field data will provide baseline noise levels and will be used to supplement and validate noise modeling conducted for the EIR. Due to the COVID -19 pandemic, noise monitoring is dependent on this developing situation and its effect on traffic patterns. Depending on the schedule and the evolving pandemic situation, alternatives to noise monitoring may need to be considered to characterize the ambient noise environment such as traffic noise modeling. ii. Transportation Noise
PlaceWorks will model existing and 2045 traffic noise levels using a version of the U.S. Federal Highway Administration (FHWA) Traffic Noise Prediction Model. PlaceWorks will develop noise contours based on the existing traffic data and future forecasts. The EIR will identify areas along highway and roadway segments that would be exposed to noise levels above established criteria. Existing and future noise from rail operations will be characterized using the Federal Transit Administration (FTA) and the Federal Railroad Administration (FRA) noise models and available passenger and freight operational data. Existing noise from aircraft overflights at the Livermore Municipal Airport will also be evaluated using available data. No detailed modeling of airport noise is proposed. iii. Stationary Noise
Noise impacts from non-transportation sources (e.g., equipment on agricultural lands, industrial uses, and mining) and will be evaluated on a programmatic level, qualitatively based on local noise standards. PlaceWorks will analyze noise impacts from non-transportation sources in terms of potential impacts to nearby noise-sensitive receptors and the noise limitations identified within the City’s Municipal Code and Noise Element. iv. Construction Noise and Vibration
PlaceWorks will provide a qualitative analysis for potential construction impacts associated with 2045 horizon development under the General Plan Update. Future noise and vibration effects from construction activities will be discussed in terms of accepted standards from the FTA. Feasible mitigation measures will be identified to minimize noise and vibration impacts associated with the Plan.
l. Population and Housing
The population and housing chapter is a critical element of the EIR that will provide support and justification for the amount of housing proposed in the General Plan Update, the main purpose of these plans being to facilitate a smart growth objective to reach population, housing, and employment goals. This chapter of the EIR will focus on ensuring that the housing and employment opportunities proposed in the plans will meet the goals set forth locally and regionally, as well as addressing future imbalances between the jobs and housing growth, commercial growth stimulating housing demand, and potential displacement.
m. Public Services and Recreation
PlaceWorks will use the existing conditions for public services collected under Task 3 .1 to complete an analysis of the city as-is and in the future, accounting for changes proposed by each plan. In addition, PlaceWorks will conduct interviews with public service providers, as needed. Any concerns expressed by service providers will be addressed and mitigated to the fullest extent possible. Secondary impacts associated with the construction of new public facilities will be addressed, with mitigating policies and programs being identified when needed.

PlaceWorks staff will use City -collected parks and recreation data to determine the existing status and demand of parks.

Proposed population changes and housing distribution as part of the proposed plans will be compared to the existing conditions to determine if additional park facilities are needed.

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

EXHIBIT A
276

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 39
SEPTEMBER 20, 2023
n. Transportation
PlaceWorks will incorporate the transportation stud y and existing conditions documented by Kittelson into the EIR.

PlaceWorks will ensure the data collected, and any changes to the transportation -related sections of the General Plan Update are adequate to address the transportation needs anticipated in the future. Thresholds of significance will be based on a VMT model as required by SB 743, ensuring there are several alternatives presented by the transportation consultant that will adequately represent th e dynamic needs of the Livermore transportation system. Kittelson will complete the following tasks to support this chapter:
i. Plan
The transportation evaluation of the preferred plan will include both CEQA and non-CEQA elements.

The CEQA evaluation will focus on items in the CEQA checklist including VMT. The updated travel model will be applied to evaluate VMT for the current General Plan and the preferred plan. The VMT metrics will consider total VMT as well as VMT per capita and per employee. The CEQA evaluation will also consider hazards and safety including bicycle and pedestrian travel, and conflicts with other regional plans and policies.

For the non-CEQA evaluation, the preferred land use and circulation plan will be evaluated in terms of the proposed policies and City standards of significance, which may include an LOS analysis. Traffic operations impacts will be evaluated using the intersection analysis tool. The evaluation will consider impacts on Alameda County Congestion Management Program (CMP) facilities and standards.
ii. Mitigation
Mitigation for any project or cumulative CEQA impacts will be proposed and reviewed with the city. Mitigation may include Transportation Demand Management elements. Physical improvements to address non-CEQA transportation issues will also be recommended.
iii. Draft Transportation Impact Analysis Report
The Draft Transportation Impact Analysis (TIA) report will include the following elements:
 Description of the existing street system, including CMP routes  Existing (2021) traffic volumes and traffic operations  Description of existing transit system
 Description of existing bicycle and pedestrian conditions  Trip generation and distribution assumptions
 CEQA evaluation of VMT, hazards and policy conflicts
 Traffic volumes and operations for the proposed General Plan scenario for the horizon year at selected study intersections and road segments
 Impacts on CMP facilities
 Qualitative evaluation of two additional General Plan alternatives  Transit evaluation
 Bicycle and pedestrian circulation
DocuSign Envelope ID: 761B4B81-20FE-4F6E-A6BF-5549D1A20E19

EXHIBIT A
277

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 40
SEPTEMBER 20, 2023
 Mitigation measures
o. Utilities and Service Systems
The utility and service systems section of the EIR will rely partially on reports and information provided by the City and/or its contracted outside engineering firm to determine existing conditions and potential capacity constraints for the water supply system, wastewater/sewer system, and storm drain system. The utilities and service systems section of the EIR will provide the regulatory setting and impacts associated with water supply and demand, wastewater infrastructure, stormwater drainage, and solid waste disposal. In addition, the impacts associated with electricity, natural gas, and communications systems will be included. Information will be incorporated from the latest (2020) Urban Water Management Plans (UWMPs) for California Water Service and Livermore Municipal Water, the City’s Water Master Plan, Sewer Master Plan and Sewer System Management Plan, Storm Drainage Facility Guidelines, the Livermore Water Reclamation Plant, and CalRecycle’s Solid Waste Information System.

The utilities section will include existing conditions for water, wastewater, storm drainage, and solid waste and will includ e water and wastewater demands for the proposed project as compared to existing supplies and sewer/wastewater treatment capacities. Best Management Practices (BMPs) and Low Impact Development (LID) measures will be considered in determining the potential for additional stormwater with the proposed project. In addition, the capacity of the Republic/Vasco Road Landfill to accept solid waste and the State and local solid waste diversion programs will be considered in determining potential solid waste impacts.
i. Water Supply Assessment
PlaceWorks will prepare a Water Supply Assessment (WSA) that w ill be a stand-alone document appended to the EIR. The WSA will determine whether available water supplies are sufficient to serve the demand generated by the Project, as well as the reasonably foreseeable cumulative demand in the region over the next 20 years under average normal year, single dry year and multiple dry year conditions. Groundwater supply and demand, the use of recycled water, and water shortage contingency plans will also be incl uded. PlaceWorks will consult with the Zone 7 Water Agency to ensure our results are aligned with recent work by tis agency. The information from the WSA will also be summarized and included in the EIR. p. Wildfire
PlaceWorks will describe the existing setting of Livermore as it relates to the CEQA Guidelines for wildfire -related environmental impacts. The existing s etting will include a description of wildfire risks throughout the General Plan area, including any areas within the wildland -urban interface, and any areas within State Responsibility or Local Responsibility Areas as defined by the California Department of Forestry and Fire Protection for fire hazard severity zones . The analysis will describe evacuation plans and procedures and any potential conflicts. Consistent with the courts, 2 the analysis will focus
on the project’s potential to exacerbate wildfire risks and hazards, for example, from land use changes or planned development within a very high fire hazard severity zone.

8.6 Alternatives and CEQA-Required Findings
The PlaceWorks team will evaluate alternatives in the EIR that focus on citywide General Plan Update alternatives. A CEQA- required “No Project” alternative will be included, while other alternatives will be produced through the planning and environmental review process, ensuring discussion of the benefits and drawbacks of each proposed alternative. Additionally,

2 California Building Industry Association (CBIA) v. Bay Area Air Quality Management District (BAAQMD), 62 Cal. 4th 369 (No. S 213478) issued December 17, 2015.

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

EXHIBIT A
278

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 41
SEPTEMBER 20, 2023
each alternative will be consistent with the objectives of the proposed General Plan Update outlined in the project description.

The EIR will address the overall impacts and implications the projects may have on regional growth for Alameda County and the Bay Area as a whole. This analysis will consider the potential growth -inducing elements of each plan and appropriate conclusions will be prepared to fulfill CEQA requirements related to unavoidable significant impacts, significant irreversible changes, short and long-term productivity, and effects believed to be insignificant.

8.7 Administrative Draft EIR
An Administrative Draft EIR will be prepared and will include additional sections such as the Acronyms and Abbreviations, Persons Consulted, Technical Appendices, and a Table of Contents. The purpose of the Administrative Draft EIR is to give City staff a chance to review and comment and circulating the document to all relevant City departments. City planning staff will act as a clearinghouse for departmental comments and will provide PlaceWorks with one set of comments on the Administrative Draft EIR. As p art of our regularly scheduled biweekly meetings with City staff, PlaceWorks will meet with reviewers to discuss comments on the Administrative Draft EIR as needed.

8.8 Screencheck Draft EIR
Once staff comments have been received, PlaceWorks will revise the EIR to reflect comments and concerns expressed on the Administrative Draft EIR. PlaceWorks will incorporate one (1) consolidated set of comments on the ADEIR from City staff to create Screencheck Draft EIR as a second copy in which City staff will once again review and provide redlined comments and revise formatting. Comments on the Screencheck Draft EIR are assumed to be limited to grammatical, format, and typographical comments.

8.9 Public Draft EIR and Notices
Revisions to the Screencheck Draft EIR will be incorporated by PlaceWorks to prepare a Draft EIR to be circulated for public review and comment. PlaceWorks will provide City staff with a PDF version for easy access online.

PlaceWorks will prepare a Notice of Availability and complete the OPR Notice of Completion form, and submit online to the State Clearinghouse, which will begin the public review period.

During the CEQA-required 45-day public review period, key staff from the PlaceWorks team will attend a public hearing to gather comments on the Draft EIR and answer questions. PlaceWorks will prepare materials for the public hearings, including a brief presentation. PlaceWorks environmental staff will facilitate the portion of the meeting related to the EIR.

8.10 Administrative Final EIR
Following the mandatory CEQA 45 -day review period, the PlaceWorks team will prepare an Administrative Draft Final EIR.

We assume that City staff will forward all public comments within five (5) working days of the close of the public review period. Comments will be annotated and entered into a spreadsheet as they are received, and will be scanned and organized as they are received. PlaceWorks will prepare the responses to comments, collaborating with City staff, to ensure all public comments are addressed. The Final EIR will include a compilation of the public comments received and response to comments, as well as any clarifications or corrections to the Draft EIR, if required.

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

EXHIBIT A
279

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 42
SEPTEMBER 20, 2023

8.11 Screencheck Final EIR
PlaceWorks will incorporate one consolidated set of comments on the Administrative Draft Final EIR from City staff to create Screencheck Draft Final EIR. The Screencheck Draft Final EIR will include the response to comments, additional analysis, or revisions to the Draft EIR as necessary and the Mitigation Monitoring or Reporting Program (MMRP) discussed below.

Comments on the Screencheck Draft Final EIR are assumed to be limited to grammatical, format, and typographical comments.

8.12 Public Final EIR
Following receipt of comments from the City on the Screencheck Draft Final EIR, PlaceWorks will prepare a public review draft of the Final EIR, which will incorporate the final comments from the City on the Screencheck Draft Final EIR.

8.13 Mitigation Monitoring or Reporting Program
Concurrent with the preparation of the Final EIR, we will prepare a Mitigation Monitoring or Reporting Program (MMRP) for the mitigation measures included in the EIR. The MMRP, shown in tabular form, will identify responsibility for implementing and monitoring each mitigation measure, along with monitoring triggers and reporting frequencies. The MMRP will be submitted as a draft document to the City for review and comment, and then revised by PlaceWorks for publication with the Final EIR.

8.14 Findings of Fact
PlaceWorks will work with the City staff, including the City attorney, to prepare draft findings and resolutions to allow for certification of the EIR and adoption of the General Plan. These findings and resolutions will summarize any significant impacts of the General Plan Update, present mitigation measures required to reduce impacts to less-than-significant levels, allow adoption of the MMRP, and include, if necessary, statements of overriding consideration. The findings and resolutions will be finalized by City staff.

8.15 Notice of Determination
Following the certification of the EIR and within five (5) days of approval of the General Plan Update PlaceWorks will prepare a Notice of Determination (NOD). City staff will submit the NOD to the County Clerk and pay all applicable filing fees at the time of posting. Note our budget does not include payment of any filing fees for the NOD.

Task 9. Adoption and Final Documents
In this task, PlaceWorks will shepherd the General Plan and EIR through the adoption and certification process and prepare final versions of the documents.

9.1 Certification and Adoption Hearings
In these final hearings, the Planning Commission and City Council will review and adopt the Final General Plan and certify the EIR. PlaceWorks will attend up to two Planning Commission and three City Council hearings.

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

EXHIBIT A
280

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 43
SEPTEMBER 20, 2023

9.2 Final General Plan and Online General Plan
Once the Council adopts the General Plan, PlaceWorks will create a Final General Plan for distribution and archiving.

PlaceWorks will incorporate comments received during the review period based on City Council direction. PlaceWorks will prepare an administrative, screencheck and final drafts of the Final General Plan.

As a companion to the hard copy General Plan document, PlaceWorks will create a configurable and interactive online General Plan. This web -based application will present the content of the General Plan through interactive text, maps, and graphics. At this time, PlaceWorks recommends using the City’s ArcGIS Online account to create the online General P lan so the City can maintain future updates.

Task 10. Ongoing Project Management
As part of this task, PlaceWorks will establish a regular communication protocol with City staff and prepare for and facilitate meetings with the Technical Advisory Committee (TAC) and other agencies.

10.1 TAC Coordination
The City will convene a Technical Advisory Committee comprised of a representative and an alternate from the following Departments:
 Community Development
 City Manager
 Administrative Services
 Economic Development
 Fire Department
 Library
 Police
 Public Works
 City Attorney's Office
 Partner Agencies like LARPD, School District, Zone 7, CalWater, and LAVTA TAC members will be asked to review and comment on work products and/or meeting materials as relevant to their area of expertise. The TAC will be asked to review documents for accuracy, ensure all relevant topics are covered, identify data holes, and provide data sources for missing information.

A representative from PlaceWorks will attend each TAC meeting. PlaceWorks will create the meeting agenda and prepare a summary of agreements and action items. City staff will be responsible for coordinating meeting invites and RSVPs, securing room reservat ions (if needed), distributing materials to TAC members, and collecting and compiling TAC comments.

PlaceWorks and City staff will mostly hold meetings with subsets of the TAC, including individual departments, to review department-specific content. However, it is also possible the TAC will convene as a large group on occasion. This scope of work assumes PlaceWorks will facilitate and attend up to 15 TAC meetings.

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

EXHIBIT A
281

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 44
SEPTEMBER 20, 2023

10.2 Staff Meetings and Communication
PlaceWorks and City staff will hold regular, weekly check-in calls and meetings. Prior to each call, PlaceWorks will prepare an agenda and summarize agreements and action items after the call. PlaceWorks will document these agreements in writing to ensure we remain in close collaboration with City staff throughout the project. The City and PlaceWorks will also use the City’s General Plan Microsoft Teams channel, or similar program, to share, edit, and save files. This scope assumes roughly weekly calls with City staff, and quarterly in -person work sessions. It is assumed these meetings will be held via Zoom or similar conferencing platform.

10.4 Administrative Record
During the course of the General Plan Update and EIR, the PlaceWorks team will be mindful of record -keeping for the purpose of building the administrative record. At the completion of the project, PlaceWorks will compile all documents in the administrative record and electronically submit them to the City.

SCHEDULE
PlaceWorks’ proposed schedule for completion of the Livermore General Plan Update is shown in Figure 1. As shown in the schedule, we anticipate that the General Plan can be adopted by mid-2025. We believe this schedule is in keeping with your needs, but we are happy to revise this schedule if necessary.

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

EXHIBIT A
282

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 45
SEPTEMBER 20, 2023
FIGURE 1: PROJECT SCHEDULE

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

EXHIBIT A
283

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 46
SEPTEMBER 20, 2023
COSTS
PlaceWorks will complete the Livermore General Plan Update as described in above for a fee of $3,025,798 as shown in Figure 2. PlaceWorks bills for its work on a time -and- materials basis with monthly invoices.

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

EXHIBIT A
284
The PlaceWorks Team
Livermore General Plan Update

COST PROPOSAL
EPS Kittelson GPA Consulting Archeo-Tec BKF WRA Inc. Rob Becker FM3 Research Hourly Rate:

TASK 1. Public Participation and CAC Facilitation
1 Equity and Inclusion Plan 88 $304 $15,484 0 0 0 0 0 0 0 0 $0 $0 $15,484 2 Branding 34 $115 $5,845 0 0 0 0 0 0 0 0 $0 $0 $5,845
3 Documentary Art Project 81 $295 $15,040 0 0 0 0 0 0 0 0 $0 $0 $15,040 4 Citizens Advisory Committee Facilitation (24) 1102 $3,796 $193,586 0 8,967 0 0 0 0 0 0 $897 $9,864 $203,450 5 Community Events (up to 12) 244 $750 $38,250 7,200 0 0 0 0 0 0 0 $720 $7,920 $46,170 6 Citywide Workshops (up to 6 in person, up to 6 virtual) 734 $2,409 $122,834 3,425 5,027 0 0 0 0 0 0 $845 $9,297 $132,131 7 Stakeholder Interviews 20 $94 $4,794 7,680 0 0 0 0 0 0 0 $768 $8,448 $13,242 8 Planning Commission and City Council Meetings (12) 320 $1,139 $58,099 5,825 5,978 0 0 0 0 0 0 $1,180 $12,983 $71,082 9 CBO Coordination 120 $476 $24,276 0 0 0 0 0 0 0 0 $0 $0 $24,276 10 Support City Staff Outreach Efforts 143 $424 $21,629 0 0 0 0 0 0 0 0 $0 $0 $21,629 11 Tribal Consultation 50 $171 $8,731 0 0 0 4,120 0 0 0 0 $412 $4,532 $13,263 12 Website 238 $673 $34,313 0 0 0 0 0 0 0 0 $0 $0 $34,313 13 Online Engagement 284 $948 $48,368 0 0 0 0 0 0 0 0 $0 $0 $48,368 14 Translation 96 $240 $12,240 0 0 0 0 0 0 0 0 $0 $0 $12,240 Task 1. Subtotal 3,554 $11,834 $603,489 $24,130 $19,972 $0 $4,120 $0 $0 $0 $0 $4,822 $53,044 $656,533 TASK 2. Visioning
1 Visioning Outreach Strategy 12 $45 $2,305 0 0 0 0 0 0 0 0 $0 $0 $2,305 2 Communitywide Visioning Survey 28 $114 $5,814 0 0 0 0 0 0 0 34,500 $3,450 $37,950 $43,764 3 Draft General Plan Vision Statement 73 $216 $11,011 0 0 0 0 0 0 0 0 $0 $0 $11,011 4 Final General Plan Vision Statement 15 $46 $2,331 0 0 0 0 0 0 0 0 $0 $0 $2,331 Task 2. Subtotal 128 $421 $21,461 $0 $0 $0 $0 $0 $0 $0 $34,500 $3,450 $37,950 $59,411 TASK 3. Research and Analysis
1 Existing Conditions Reports 680 $2,181 $111,241 0 27,479 3,310 11,840 10,260 16,001 0 0 $6,889 $75,779 $187,020 2 Baseline Economic and Market Trends 26 $100 $5,090 17,190 0 0 0 0 0 0 0 $1,719 $18,909 $23,999 3 Real Estate Development Feasibility Assessment 24 $95 $4,855 11,050 0 0 0 0 0 0 0 $1,105 $12,155 $17,010 4 Existing Conditions Summary Document and Online Story Map 268 $798 $40,678 0 0 0 0 0 0 0 0 $0 $0 $40,678 5 General Plan Legislative Audit 56 $170 $8,670 0 0 0 0 0 0 0 0 $0 $0 $8,670 Task 3. Subtotal 1,054 $3,344 $170,534 $28,240 $27,479 $3,310 $11,840 $10,260 $16,001 $0 $0 $9,713 $106,843 $277,377 TASK 4. Land Use Alternatives
1 Alternatives Outreach Strategy 16 $58 $2,938 0 0 0 0 0 0 0 0 $0 $0 $2,938 2 Confirm Focus Areas 50 $184 $9,404 0 0 0 0 0 0 0 0 $0 $0 $9,404 3 Property Owner Meetings (up to 3) 66 $231 $11,781 0 0 0 0 0 0 0 0 $0 $0 $11,781 4 Draft Land Use Alternatives 182 $685 $34,955 23,840 0 0 0 0 0 0 0 $2,384 $26,224 $61,179 5 Alternatives Evaluation 635 $2,028 $103,428 5,000 39,480 12,980 5,700 13,660 5,612 49,300 0 $13,173 $144,905 $248,333 6 Preferred Scenario Creation 168 $580 $29,600 0 0 0 0 0 0 0 0 $0 $0 $29,600 7 Preferred Scenario Implementation 26 $91 $4,661 9,000 19,883 0 0 0 0 0 0 $2,888 $31,771 $36,432 8 Transportation Impact Analysis Guidelines 14 $59 $3,019 0 19,962 0 0 0 0 0 0 $1,996 $21,958 $24,977 Task 4. Subtotal 1157 $3,916 $199,786 $37,840 $79,325 $12,980 $5,700 $13,660 $5,612 $49,300 $0 $20,441 $224,858 $424,644 TASK 5. Policy Development and Evaluation
1 Policy Development Outreach Strategy 23 $71 $3,596 0 0 0 0 0 0 0 0 $0 $0 $3,596 2 Existing General Plan Policy Matrix 160 $501 $25,561 0 0 0 0 0 0 0 0 $0 $0 $25,561 3 Policy Options and Recommendations 250 $832 $42,412 24,050 9,964 6,280 1,870 0 3,919 0 0 $4,608 $50,691 $93,103 4 Draft Goals, Objectives, Policies, and Actions 329 $1,080 $55,095 0 0 0 0 0 0 0 0 $0 $0 $55,095 5 Land Use Map Cleanups 58 $229 $11,689 0 0 0 0 0 0 0 0 $0 $0 $11,689 Task 5. Subtotal 820 $2,713 $138,353 $24,050 $9,964 $6,280 $1,870 $0 $3,919 $0 $0 $4,608 $50,691 $189,044 TASK 6. Housing Element and CEQA
1 Housing Element Project Management and Initiation 64 $215 $10,940 0 0 0 0 0 0 0 0 $0 $0 $10,940 2 Housing Element Outreach 204 $663 $33,833 0 0 0 0 0 0 0 0 $0 $0 $33,833 3 Document Review 26 $77 $3,947 0 0 0 0 0 0 0 0 $0 $0 $3,947 4 Review of Previous Housing Element Programs 38 $107 $5,437 0 0 0 0 0 0 0 0 $0 $0 $5,437 5 Land Inventory 85 $269 $13,729 0 0 0 0 0 0 0 0 $0 $0 $13,729 6 Housing Needs Assessment Document 59 $166 $8,451 0 0 0 0 0 0 0 0 $0 $0 $8,451 7 Housing Constraints 45 $139 $7,084 0 0 0 0 0 0 0 0 $0 $0 $7,084 8 Housing Goals, Policies, and Quantified Objectives 45 $154 $7,849 0 0 0 0 0 0 0 0 $0 $0 $7,849 9 Administrative Draft Housing Element 96 $300 $15,290 0 0 0 0 0 0 0 0 $0 $0 $15,290 10 Public Review Draft Housing Element 67 $195 $9,945 0 0 0 0 0 0 0 0 $0 $0 $9,945 11 Adopted Final Housing Element 34 $95 $4,825 0 0 0 0 0 0 0 0 $0 $0 $4,825 12 Housing Element CEQA 134 $425 $21,685 0 0 0 0 0 0 0 0 $0 $0 $21,685 13 HCD Review 80 $240 $12,240 0 0 0 0 0 0 0 0 $0 $0 $12,240 14 Land Inventory GIS Tracking Tool 46 $169 $8,619 0 0 0 0 0 0 0 0 $0 $0 $8,619 Task 6. Subtotal 1,023 $3,214 $163,874 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $163,874 Subconsultant Total Total Task Budget
PlaceWorks
Hours
PlaceWorks
Total

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

EXHIBIT A
285
The PlaceWorks Team
Livermore General Plan Update

COST PROPOSAL
EPS Kittelson GPA Consulting Archeo-Tec BKF WRA Inc. Rob Becker FM3 Research Hourly Rate: Subconsultant Total Total Task Budget
PlaceWorks
Hours
PlaceWorks
Total

SUBCONSULTANTS
Economics Transportation
Historic
Resources
Archaeological
Resources
PlaceWorks 2%
Office Expenses
10% Subconsultant
MarkupCivil Engineering
Biological
Resources
Visual
Simulations Survey
TASK 7. General Plan
1 General Plan Outreach Strategy 12 $48 $2,428 0 0 0 0 0 0 0 0 $0 $0 $2,428 2 General Plan Outline and Format 52 $158 $8,038 0 0 0 0 0 0 0 0 $0 $0 $8,038 3 Administrative Draft General Plan 574 $1,927 $98,267 0 10,698 0 0 0 0 0 0 $1,070 $11,768 $110,035 4 Draft General Plan 114 $358 $18,243 0 0 0 0 0 0 0 0 $0 $0 $18,243 Task 7. Subtotal 752 $2,491 $126,976 $0 $10,698 $0 $0 $0 $0 $0 $0 $1,070 $11,768 $138,744 TASK 8. General Plan EIR
1 Notice of Preparation and Scoping Session 29 $107 $5,457 0 0 0 0 0 0 0 0 $0 $0 $5,457 2 2045 Horizon Year General Plan Projections 144 $474 $24,184 0 0 0 0 0 0 0 0 $0 $0 $24,184 3 Thresholds of Significance Memorandum 17 $63 $3,213 0 0 0 0 0 0 0 0 $0 $0 $3,213 4 EIR Introduction and Project Description 68 $238 $12,158 0 0 0 0 0 0 0 0 $0 $0 $12,158 5 Setting, Impacts, and Mitigation Measure 732 $2,500 $127,500 0 0 0 0 0 0 0 0 $0 $0 $127,500 6 Alternatives and CEQA-Required Findings 120 $429 $21,859 0 0 0 0 0 0 0 0 $0 $0 $21,859 7 Administrative Draft EIR 229 $839 $42,769 0 33,365 4,910 19,400 28,368 12,631 0 0 $9,867 $108,541 $151,310 8 Screencheck Draft EIR 55 $168 $8,583 0 6,305 1,430 1,010 4,460 1,938 0 0 $1,514 $16,657 $25,240 9 Public Draft EIR and Notices 37 $111 $5,666 0 0 880 0 1,822 1,019 0 0 $372 $4,093 $9,759 10 Administrative Final EIR 134 $469 $23,939 0 6,849 1,780 2,205 0 3,284 0 0 $1,412 $15,530 $39,469 11 Screencheck Final EIR 69 $226 $11,526 0 2,935 765 555 0 418 0 0 $467 $5,140 $16,666 12 Public Final EIR 27 $86 $4,391 0 1,245 515 0 0 418 0 0 $218 $2,396 $6,787 13 Mitigation Monitoring or Reporting Program 23 $82 $4,197 0 0 0 0 0 0 0 0 $0 $0 $4,197 14 Findings of Fact 26 $84 $4,274 0 0 0 0 0 0 0 0 $0 $0 $4,274 15 Notice of Determination 3 $10 $505 0 0 0 0 0 0 0 0 $0 $0 $505 Task 8. Subtotal 1,713 $5,886 $300,221 $0 $50,699 $10,280 $23,170 $34,650 $19,708 $0 $0 $13,850 $152,357 $452,578 TASK 9. Adoption and Final Documents
1 Certification and Adoption Hearings 92 $344 $17,564 0 0 0 0 0 0 0 0 $0 $0 $17,564 2 Final General Plan and Online General Plan 204 $628 $32,008 0 0 0 0 0 0 0 0 $0 $0 $32,008 Task 9. Subtotal 296 $972 $49,572 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $49,572 TASK 10. Ongoing Project Management
1 TAC Coordination 180 $665 $33,890 0 0 0 0 0 0 0 0 $0 $0 $33,890 2 Staff Meetings and Communication 1246 $4,659 $237,614 2,850 22,494 0 1,320 2,700 7,255 0 0 $3,662 $40,281 $277,895 3 Administrative Record 53 $145 $7,415 0 0 0 0 0 0 0 0 $0 $0 $7,415 Task 10. Subtotal 1,479 $5,469 $278,919 $2,850 $22,494 $0 $1,320 $2,700 $7,255 $0 $0 $3,662 $40,281 $319,200 Labor Hours Total 11,976
Labor Dollars Total $40,260 $2,053,185 $117,110 $220,631 $32,850 $48,020 $61,270 $52,495 $49,300 $34,500 $677,792 $2,730,977 PlaceWorks Percent of Total Labor

EXPENSES
PlaceWorks Reimbursable Expenses $60,965
Subconsultants' Reimbursable Expenses $38,577
Compensation for Community Based Organization(s) $60,000 Grants for Local Artist(s) $25,000
Contingency $110,279
EXPENSES TOTAL $294,821
GRAND TOTAL $3,025,798

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

EXHIBIT A
286

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 49
SEPTEMBER 20, 2023

ASSUMPTIONS
This scope of work and cost estimate assumes that:

Billing rates for this project are guaranteed through December 2024. Billing rates would be subject to an increase of up to 6 percent on January 1, 2025, and in each subsequent year thereafter. A budget increase would be necessary to cover costs incurred after January 1, 2025.

PlaceWorks will send an invoice for work completed each month. The invoice will show hours worked by labor category, billing rate, and total by labor category plus subconsultants and reimbursable expenses. Special invoicing requirements may necessitate an additional fee.

Our cost estimate includes the meetings shown in the scope of work. Additional meetings would be billed on a time- and-materials basis. Each project meeting will last up to two hours. Each public workshop or public meeting will last up to two hours, plus an additional hour for setting up and taking down equipment.

No more than 40 hours of PlaceWorks staff time will be required to respond to comments on the Draft EIR. If additional labor is necessary, a contract amendment allowing additional work will be necessary.

City of Livermore staff will act as a clearinghouse for comments on all administrative draft documents, and will provide PlaceWorks with a single, internally reconciled set of comments on each administrative draft.

There will be a single round of intensive review and revision to each administrative draft product prior to the screencheck draft. If City of Livermore staff feels that a second administrative draft is needed, a contract amendment allowing additional work will be necessary.

Revisions to screencheck drafts will focus on typographical errors, formatting and other minor edits. Such revisions will not include content changes.

Multiple changes from the City of Livermore about how to proceed will require a contract amendment to allow completion of the additional work.

PlaceWorks will use ArcGIS version 10.x- compatible shapefiles and/or geodatabases from the City of Livermore for the development of the project’s base map and subsequent thematic maps. All files delivered by City of Livermore are assumed to be current, spatially accurate and aligned with one another, and referenced to a common coordinate system appropriate for the area. Each shapefile will arrive with the appropriate coordinate system definitions (i.e. .PRJ files); likewise, the coordinate system of geodata bases, if applicable, will contain proper coordinate system definitions. This scope assumes that City of Livermore’s existing GIS information, including attribute data, are essentially complete and DocuSign Envelope ID: 761B4B81-20FE-4F6E-A6BF-5549D1A20E19

EXHIBIT A
287

C ITY OF L IVERMORE

G ENERAL P LAN AND H OUSING E LEMENT U PDATES AND EIR
EXHIBIT A : SCOPE OF WORK AND COSTS
PLACEWORKS 50
SEPTEMBER 20, 2023
that any needed adjustments by PlaceWorks will be minor. A maximum of 16 hours will be allotted for data quality control procedures.

After creating the initial base map, PlaceWorks will provide a copy to City of Livermore for review and approval prior to use for subsequent mapping work. At the conclusion of the project, PlaceWorks will provide the City of Livermore all original GIS data as well as project-specific data layers modified or created by PlaceWorks along with pertinent metadata documentation.

PlaceWorks will use Microsoft Word and/or Adobe InDesign for page layout of reports, plans, and similar documents. Additional software such as Adobe Illustrator, Adobe Photoshop, ArcGIS and AutoCAD will be used to create illustrations, maps, diagrams and other graphics.

All products will be submitted to City of Livermore in electronic ( native files and PDF) format, except for:
 Printed materials for community events and workshops.  10 copies of final Housing Element
 10 copies of final General Plan
 10 copies of Draft EIR
 10 copies of Final EIR
The City of Livermore will provide electronic, editable copy of the following documents existing General Plan.

City of Livermore staff will be responsible for meeting logistics, including schedule co - ordination, document production, printing notices, mailing costs, room reservations, room set-up and take-down, and refreshments.

PlaceWorks will provide up to 3 facilitators for the public workshops. Additional facilitators will be drawn from City of Livermore staff. PlaceWorks will provide training for facilitators immediately before each workshop.

PlaceWorks will not be responsible for designing notices for public meetings.

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

EXHIBIT A
288
Revised 3/10/23 B16 – 2M E&O

Page 1 ends

Livermore City CouncilOctober 23, 2023

Livermore City Council
October 23, 2023