Agenda packet — Livermore City Council, February 26, 2024 (part 2 of 2)

EXHIBIT B

INSURANCE REQUIREMENTS

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

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

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

3. Workers’ Compensation and Employer's Liability:

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

4. Professional Liability/Errors and Omissions:
$2,000,000 per claim. Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.

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

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

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

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

1. The City of Livermore, its officers, officials, employees, and designated DocuSign Envelope ID: ED328933-7A34-4F55-9E2D-58EB7DD03526

EXHIBIT A
214
Revised 5/1/2018 B5 – 1M E&O

Page 2 ends

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

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

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

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

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

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

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

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

DocuSign Envelope ID: ED328933-7A34-4F55-9E2D-58EB7DD03526

EXHIBIT A
215

CITY COUNCIL STAFF REPORT
ITEM NO. 5.4

DATE:

February 26, 2024
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Assistant City Manager
SUBJECT:

Resolution authorizing execution of an agreement with RRM Design Group, in an amount not-to-exceed $535,110 with a term ending December 31, 2026, to provide design and construction support services for
Springtown Open Space Phase 1 Improvements
Project 2023-19.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with
RRM Design Group
, in an amount not-to-exceed $535,110 with a term ending December 31, 2026, to provide
design and construction support services for
Springtown Open Space Phase 1
Improvements Project 2023-19.

SUMMARY
The Springtown Open Space Phase 1 Improvements Project 2023-19 involves constructing a park at the southern end of the Springtown Open Space between the Springtown Library and Springtown Homeowner Associations facilities. Project improvements also include a disc golf course and shaded benches through the entire open space and tennis/pickle ball courts at neighboring Marlin Pound Park.

Attachment 1 shows the location of these improvements. This agreement with RRM Design Group, in an amount not-to-exceed
$535,110,
provides for landscape architecture
and engineering services to
implement the proposed site improvements. Design scope includes field investigation, site survey, geotechnical engineering investigation, cost evaluation, community outreach, entitlement support, final design, bid and construction support.

DISCUSSION
Since the Springtown Golf Course closed, the former golf course has provided predominantly unimproved public open space. This project involves the first phase of improvements to this open space area. Phase 1 improvements include a park near the Springtown Library, pickle ball/tennis courts in neighboring Marlin Pound Park, a disc golf course, and shaded benches through the entire open space.

The park will be located at the southern end of the Springtown Open Space near Bluebell Drive between 216
the Springtown Library and Homeowners Association facilities. Around 3 to 4 acres in size, the park will include an active play zone, a large shade structure, smaller shade structures, picnic benches, a multipurpose field, and a community garden.

The project also includes constructing pickle ball courts. LARPD recommends constructing the pickle ball courts in neighboring Marlin Pound Park to be further away from nearby residents, reducing the risk of noise complaints. LARPD also recommends placing four pickle ball courts inside two tennis courts so that they can be used for either sport.

Phase 1 improvements will include an 18-hole disc golf course and shaded benches across the entire open space. Disc golf is one of the fastest growing outdoor sports and was identified as a desired amenity during the community outreach. Courses are relatively inexpensive to construct and disc golf holes can easily be modified or relocated if needed in the future.

An environmental document is currently being prepared to identify and mitigate any impacts associated with the project. The current schedule is to circulate the environmental document for public review by this summer. The environmental document and project entitlement will then come to Planning Commission and City Council for approval.

In April 2023, City staff held a public meeting and received input regarding the plans to move forward with Phase 1 improvements. Staff plans to have another community meeting to discuss the preliminary design prior to the environmental document being circulated for review.

RRM Design Group (RRM) has worked with the City on the Springtown Open Space Plan since 2017, when preliminary design concepts were first developed for the area. Last year they started working on some potential layouts for Phase 1 improvements. RRM has provided similar design and construction services for the City on other projects such as Stockmen's Park. They have proven to be reasonably priced, knowledgeable, creative, and responsive. The total fee of $535,110 for design and construction
services is approximately 10% of the total target construction cost of $5.5M, which is consistent and typical for a project of this scale.

FISCAL AND ADMINISTRATIVE IMPACTS

The budget for the
Springtown Open Space Phase 1 Improvements Project 2023-19 is in the FY 2023-
2028 Capital Improvement Plan, which covers the cost of this agreement. No additional appropriations are needed. As shown in the table below, the project is currently funded with Park Fees.

Springtown Open Space Phase 1 Improvements Project 2023-19 CIP Budget
Fund

Number
Fund Name
FY 2023-24
FY 2024-25
Total
337
Park Fee-AB 1600
$850,000
$0
$850,000

Staff will come back to Council and request additional funding once the preliminary plans are developed, and cost estimates are prepared. The target construction bid is around $5.5 Million. The total project cost for design, construction, construction change orders, project management, construction inspection, materials testing, and permit fees will be around $7 Million.

Operation, maintenance, and replacement cost estimates will be developed once plans are further 217
refined. City staff is discussing maintenance activities, maintenance funding, and park programming activities with LARPD. This information will be presented to City Council when additional construction funding appropriations are requested.

COMMUNITY PILLAR

4: Inclusive & Inviting Spaces & Places

GOAL

1: Further enhance Livermore's unique sense of place

ATTACHMENTS

1. Location Map

2. Resolution

3. Exhibit A - Agreement

Prepared by: Edward Reyes
Associate Civil Engineer

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
218
Springtown Open Space Phase 1 Improvements
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 or omissions.
16,000
Livermore IT, GIS Services
2,666.7
1:NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US Feet2,666.70 Notes1,333.33
ATTACHMENT 1
219
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH RRM DESIGN GROUP, IN AN AMOUNT NOT-TO-EXCEED $535,110 AND A TERM ENDING DECEMBER 31, 2026, TO PROVIDE DESIGN AND CONSTRUCTION SUPPORT SERVICES (Springtown Open Space Phase 1 Improvements Project 2023-19) The Springtown Open Space Phase 1 Improvements Project 2023-19 involves constructing a park at the southern end of the Springtown Open Space between the Springtown Library and Springtown Homeowner Associations facilities. Project improvements also include a disc golf course and shaded benches through the entire open space and tennis/pickle ball courts at neighboring Marlin Pound Park.

This agreement with RRM Design Group, in an amount not-to-exceed $535,110, provides for landscape architecture and engineering services to implement the proposed site improvements. Design scope includes field investigation, site survey, geotechnical engineering investigation, cost evaluation, community outreach, entitlement support, final design, bind and construction support.

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

1. Authorizes the City Manager to execute a professional services agreement with RRM Design Group, attached hereto as Exhibit A, in an amount not-to-exceed $535,110 and a term ending December 31, 2026, to provide design and construction support services for Springtown Open Space Phase 1 Improvements Project 2023-19.

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

On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on February 26, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
Acting City Clerk Assistant City Attorney
Exhibit A – Agreement with RRM Design Group
220
Professional Services Agreement Page 1
Rev. 09/19/23

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made and entered into this day of , 2024, by and between the City of Livermore (“City”), a municipal corporation, and RRM Design Group (“Consultant”), a California corporation.

RECITALS

City requires professional services to provide landscape architecture and engineering services for Phase 1 of the Springtown Open Space Project, CIP 202319.

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

AGREEMENT

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

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

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

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

Landscape architecture and engineering services for Phase 1 of the Springtown Open Space Project, CIP 202319

4. Consultant’s Responsibilities. Consultant shall:

(a) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;

(b) Provide the resources necessary to complete the Services in a timely manner;

+ 0&$**1"(+,"

EXHIBIT A
221
Professional Services Agreement Page 2
Rev. 09/19/23
(d) Obtain and keep in effect all necessary licenses, permits, qualifications, insurance, and approvals legally and professionally required for Consultant to practice its profession and to provide the Services;

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

(f) Coordinate the Services with Joel Waxdeck (“Project Manager”), or such other person designated as the Project Manager by City;

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

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

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

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

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

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

(l) If applicable, Consultant shall ensure that all work for compensation is provided in compliance with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages. If applicable, Consultant shall comply with all prevailing wage laws, such as sections 1773, 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the California Labor Code and any other applicable wage and hour law. If any violation of prevailin g wage law associated with this Agreement is deemed to have occurred by any court or administrative authority, Consultant shall forfeit to the City, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the applicable prevailing rates for any work done to accomplish the purposes of this Agreement; and, + 0&$**1"(+,"

EXHIBIT A
222
Professional Services Agreement Page 3
Rev. 09/19/23

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

5. Compensation and Payment.

(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $535,110 ("not-to-exceed amount"). City shall compensate Consultant for the Services rendered at the hourly rates, task amounts or travel expenses set forth in Exhibit “A” up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts or travel expenses are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.

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

6. Term. The term of this Agreement commences on the the date of execution and terminates upon the completion of the Services or December 31, 2026, whichever occurs first.

7. Termination by City. City may terminate any portion or all of the Services by giving Consultant at least 30 calendar-days written notice. Upon receipt of a termination notice, Consultant shall immediately stop all work in progress on the Services except where necessary to preserve the benefit of the work, and then assemble the work on the Services for delivery to City on the termination date. All compensation for Services performed prior to the termination date shall be payable to Consultant in accordance with Section 5.

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

9. Copyright and Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disclosed by Consultant to City and Consultant obtains a license to such items for the benefit of City. All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.

10. Confidentiality. Consultant shall not disclose any confidential or proprietary information received from City to anyone except Consultant’s employees who require + 0&$**1"(+,"

EXHIBIT A
223
Professional Services Agreement Page 4
Rev. 09/19/23
access to the information to perform the Services. This obligation shall survive termination and remain in full force and effect until the information, and any copies thereof, are destroyed or returned to City.

11. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Consultant shall hold harmless, indemnify, and defend with counsel selected by the City or otherwise acceptable to the City, the City and its elected and appointed officials, officers, directors, employees, agents and designated volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services contemplated by this Agreement, or in connection with Consultant’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of City. Consultant’s obligations to hold harmless, indemnify, and defend shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City.

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

(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Consultant’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e).

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

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

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

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

+ 0&$**1"(+,"

EXHIBIT A
224
Professional Services Agreement Page 5
Rev. 09/19/23

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

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

17. Non-Exclusive Agreement. This is a non-exclusive agreement. City reserves the right to provide, and to retain other consultants to provide, services that are the same or similar to the Services described in this Agreement.

18. No Assignment. Consultant shall not assign or subcontract any of the Services without City’s prior written consent. For the purposes of this section, a change of fifty- percent or more in the ownership or control of Consultant constitutes an assignment.

19. Remedies. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative, and the invocation of a right or remedy will not be construed to waive or elect a remedy with respect to any other available right or remedy. As a condition precedent to commencing legal action involving a claim or dispute against City arising from this Agreement, the Consultant must present a written claim to City in accordance with Chapter 3.42 of the Livermore Municipal Code.

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

21. Entire Agreement; Modification. This Agreement supersedes all other agreements, whether oral or written, between the parties with respect to the Services.

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

22. Notice. Notices under this Agreement must be delivered to the addresses below by deposit in the United States mail or by overnight delivery service, with postage prepaid and delivery confirmation:
+ 0&$**1"(+,"

EXHIBIT A
225
Professional Services Agreement Page 6
Rev. 09/19/23

TO CITY: Attention: Joel Waxdeck, City Engineer
City of Livermore
1052 S Livermore Avenue
Livermore, California 94550

TO CONSULTANT: Attention: Gina Chavez, Principal
RRM Design Group
325 Davis St
San Leandro, CA 94577

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

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

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

26. Electronic Signatures. By signing this document, you are agreeing that you have reviewed this disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.

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

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

Signatures and Attachment List on the Next Page
+ 0&$**1"(+,"

EXHIBIT A
226
Professional Services Agreement Page 7
Rev. 09/19/23
In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date first written above.

CONSULTANT: Dated:
____________________________ ___________________________ Gina Chavez
Principal
CITY OF LIVERMORE: Dated:
____________________________ ____________________________ Marianna Marysheva
City Manager
APPROVED AS TO FORM:
___________________________
Deputy/Assistant/City Attorney
APPROVED AS TO INSURANCE:
_______________________
Risk Manager/Analyst
Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements
+ 0&$**1"(+,"

EXHIBIT A
227
Exhibit A Scope of Services
Springtown Open Space Phase 1 Improvements

Project 2023-19

Project Elements
Landscape architecture and engineering services for the Phase 1 implementation of Springtown Open Space, which will be approximately four to five acres and will include the following improvements as shown in Exhibit B-1:
x Native plant and community garden
x Playground
x Picnic areas with shade structures
x Walking paths
x Multi-purpose lawn area
x Three to four pickleball courts (these may be located at Marlin Pound Park) x Benches with small shade structures
x Bike racks
x Eighteen-hole disc golf (disc golf course will be designed by others. RRM will coordinate with the City to make the design compatible with the other improvements included in the scope of work)
x Fire access road servicing the picnic area shade structure(s) x Circulation from Springtown Boulevard to park amenities x Solar lights
x Maintenance and replacement costs

SCOPE OF SERVICES
Task I: Information Gathering
During the information gathering stage, RRM will collect site-related information necessary to create detailed design documents for bidding purposes.

Subtask I.A: Kickoff Meeting
Key members of RRM’s team will attend a virtual kickoff meeting with City staff for team introductions, work scope, project schedule discussion, and to receive project background information. Following the meeting, RRM will prepare meeting notes for distribution to the City for review and approval.

Deliverables:
x Attend one (1) virtual meeting
x Meeting notes

Exhibit A
+ 0&$**1"(+,"

EXHIBIT A
228
Springtown Phase 1 Implementation
Proposed Scope of Services
January 4, 2024

Page 2 of 16 ends

Subtask I.B: Field Investigation
RRM will conduct a site reconnaissance to investigate existing conditions, including above- ground features, evident utilities, vegetation, and surrounding conditions. RRM will utilize applicable City-provided information and utility purveyor-provided maps to identify any XQGHUJURXQGXWLOLW\FRQÁLFWVZLWKLQWKHSURMHFWDUHD7KH&LW\ZLOOJUDQW550ZULWWHQ authorization to coordinate directly with and request utility data from utility purveyors (e.g., PG&E, AT&T, Zone 7 Water Agency, etc.). These known existing utilities will be identified and referenced on their base maps. RRM assumes that proposed improvements will be designed to avoid any utility relocations, and any utility boxes or covers will be adjusted to finish grade.

The coordination scope of this task assumes an initial inquiry email for existing utility information and a follow-up email after 90% design to provide a project status update. This task does not guarantee a response from utility purveyors and does not guarantee knowledge of every utility in the project area. This task includes the review of a title report that the City will obtain and the review of all exceptions to confirm there will be no conflicts with the park improvements.

Deliverables:
x Site visit(s) for field investigation
x Record utility maps received from utility purveyors

Subtask I.C: Site Survey
This will include all fieldwork necessary to generate one-foot contours for the project area.

Planimetric features will include detail on tree canopies and half-widths of adjacent streets.

Street rights-of-way and easement information will be placed in the base map if retraceable from record documents. Boundary monumentation will be collected if it is available, and a boundary compiled from record documents will be placed on the base map. This proposal does not include a full measured boundary survey of the project site. The horizontal and vertical datum will be based on the CCS83 (2011) State Plane Coordinates and NAVD 88 when suitable local agency datums are unavailable. The extent of the survey areas is shown in Exhibit B-1.

Survey to include:
x Contours at one-foot intervals
x Trees greater than four inches in diameter with trunk diameter and canopy x Fences, gates, and signs
x Above-ground evidence of utilities, including maintenance holes, cleanouts, catch basins, water valves, fire hydrants, light standards, electric boxes, and power poles x Concrete structures, including curb, sidewalks, driveways, gutters, and spandrels

Deliverables:
x 1” = 40’ scale mapping, with one-foot contours
x AutoCAD file of topographic survey

Exhibit A
+ 0&$**1"(+,"

EXHIBIT A
229
Springtown Phase 1 Implementation
Proposed Scope of Services
January 4, 2024

Page 3 of 16 ends

Subtask I.D: Geotechnical Engineering Investigation and Report RRM subconsultant, BSK Associates (BSK), will perform a geotechnical evaluation to assess the subsurface conditions at the proposed park location. This task will include project setup, permitting, field coordination, and administration of BSK’s services. They will visit the site and mark exploratory locations with white paint and/or stake and file for a Zone 7 Water Agency Permit prior to drilling. BSK will call Underground Service Alert (USA North 811) a minimum of 72 hours prior to the field exploration and submit USA ticket(s) for utility clearance. During the site visit to mark proposed exploration locations, they recommend that a City representative familiar with the site’s underground utilities meet with them in the field to assist with identifying underground utilities that could be in conflict with their proposed exploration points. It should be noted that USA will only check for utilities on the public right-of-way and does not include private property. Therefore, they have included the services of a private utility locator who will clear the exploration locations for detectable underground utilities prior to the start of their subsurface investigation.

As required by local ordinance, a drilling permit will be obtained from the Zone 7 Water Agency (County) prior to drilling. BSK assumes the site is under the jurisdiction of the City of Livermore (City) and that the City will not require BSK to file an encroachment permit with the City. They have assumed that no drilling on City streets would be required.

BSK proposes to explore the subsurface conditions at the site by drilling four hollow-stem auger borings to depths of approximately 15 to 20 feet BGS, each at approximate locations. A professional from BSK will maintain a log of the soils encountered, record the blow counts obtained at each sampling interval, and obtain samples for visual examination, classification, and laboratory testing. The soil sampling will be performed using SPT and 2.5-inch ID-lined split spoon samplers. The strength characteristics of the cohesive soil samples recovered will be evaluated in the field using a hand-held pocket penetrometer. During their investigation, they will also measure the approximate depth to free groundwater if it is observed in their hollow- stem auger borings. Upon completion, the borings will be backfilled with cement grout per County requirements. Waste soils will be handled per current disposal regulations, but will likely be spread onsite to blend with the surrounding soil. Although this is rare, in the event that hazardous materials are encountered as indicated visually or by odor in the soil borings during their subsurface investigation, such borings will be immediately terminated, and arrangements will be made to backfill such borings with cement grout. BSK will notify the Client as soon as possible of such an occurrence, and both parties will mutually decide whether to continue, modify, or cease the remainder of the investigation program.

Laboratory tests will be performed on selected soil samples to evaluate pertinent engineering properties for the design of the project. Laboratory tests that they anticipate performing may include measurement of in-situ moisture content and dry density, Atterberg limits, sieve analysis, and shear strength testing. One corrosion screening test will also be performed. They will also perform a Resistance (R)-Value test at the location of the potential parking lot expansion. After the subsurface investigation is completed, if they find it necessary to perform additional tests, BSK will contact the Client for prior approval.

Exhibit A
+ 0&$**1"(+,"

EXHIBIT A
230
Springtown Phase 1 Implementation
Proposed Scope of Services
January 4, 2024

Page 4 of 16 ends

BSK will evaluate their findings and perform geotechnical engineering analysis to develop conclusions and recommendations for the anticipated improvements. Their findings and recommendations will be summarized in a report prepared under the supervision of a California-registered Geotechnical Engineer. They will only provide a digital copy of the report in PDF format. At this time, they anticipate that the report will include the following items:

x A description of the project, including a vicinity map and site plan showing the approximate locations of their borings
x A description of the subsurface investigation, logs of borings, and results of laboratory tests
x A description of the surface and subsurface site conditions encountered during their subsurface investigation, including depth of free groundwater if observed in their shallower hollow stem auger borings
x A description of the site geologic setting and associated geology-related hazards, including faulting, liquefaction (within the depth of their borings) x Conclusions and recommendations related to the geotechnical aspects of:
o Shallow spread footings and mat foundations, including allowable soil bearing pressure, minimum embedment depth, resistance to lateral loads, friction coefficient, and modulus of subgrade reaction
o Recommendations for drilled piers for support of light poles and/or shade structures, including allowable skin friction, minimum diameter and embedment depth, and resistance to lateral loads
o Equivalent fluid pressure for active, at-rest, and passive pressures, as well as seismic increment values for below-grade walls
o Recommendations for resisting potential buoyancy forces, such as the use of a pressure relieve value or measures to resist uplift pressures o Anticipated total and differential settlements and discussion of liquefaction potential (if applicable, within the depth of their borings) o Provision of state-mapped 2022 CBC seismic design parameters (no site-specific ground motion analysis is included)
o Slab-on-grade and exterior flatwork recommendations
o Recommendations for site preparation, earthwork, and fill compaction specifications
o Construction considerations and limitations; and a brief discussion of the corrosion potential of near-surface soils encountered during the subsurface investigation based on the laboratory corrosion screening test performed

BSK will convert the upper five feet BGS of two of their proposed borings into percolation test holes. They will install two-inch perforated pipes and fill the annular space between the pipes and the borehole sidewalls with ¾-inch drain rock. Prior to initiating the percolation testing, they will first pre-soak the percolation holes overnight. The following day, they will fill the percolation holes with water to within six to 24 inches above the bottom of the holes. They will then measure the time for the water to recede by approximately one inch or measure the drop in water level after approximately 60 minutes, whichever takes less time. They will continue filling the percolation holes and measuring the water level drop until the drop rate between consecutive readings stabilizes. They will then reduce the data collected and use the Porchet Exhibit A
+ 0&$**1"(+,"

EXHIBIT A
231
Springtown Phase 1 Implementation
Proposed Scope of Services
January 4, 2024

Page 5 of 16 ends

inverse borehole method to convert the percolation rates into infiltration rates for each hole.

The test results would be presented in their geotechnical report. Upon completion of the percolation testing, the test holes will be backfilled with sand, and the upper approximately six inches will be patched with topsoil.

BSK will review the geotechnical aspects of the 90% complete project plans to be prepared by RRM prior to the issuance of these documents for construction bidding purposes. They will then issue a letter presenting their review comments, if any. Once their review comments have been addressed if desired, they will issue a final review letter indicating their review comments have been addressed. If additional review iterations and letters are required, they may need to request that the budget for this task be revised accordingly.

If necessary, after issuance of their geotechnical investigation report, they will provide up to eight hours of consultation regarding foundation design and other aspects of the project on an as-needed basis, such as attendance of conference calls and meetings and bid support.

Deliverables:
x One (1) geotechnical evaluation including four (4) borings up to 15-20 feet in depth and report of findings in PDF format
x Two (2) percolation tests
x Review of the geotechnical aspects of the 90% plans
x Up to eight (8) hours of post-report consultation

Subtask I.E: Design and Cost Evaluation
RRM will conduct a study to update the design that aims to reduce costs where possible while keeping the general layout and function of the design already presented to the community. RRM will prepare a diagram and summary that includes the following design and cost evaluation:
x Updated site layout showing more details for amenities o Determine the best size for the project that meets the needs of the community and fits within the City’s budget
o Determine the best configuration of four pickleball courts at Marlin Pound Park along with Livermore Area Recreation and Park District (LARPD). Preference of the City is to have a configuration that allows tennis or pickleball o Determine if additional parking is required. Estimate required parking for park and compare to existing available parking. If additional parking is required, they will show alternatives
o Compare cost/benefits of electric service vs. solar lights. Coordinate with LARPD, City of Livermore, and the police department for their recommendations
o Consider the costs/benefits of a public bathroom. Consider adding public bathroom at back of library near available water and sewer o Consider costs/benefits of improvements on HOA parcel, such as improvements to parking lot and upgrades to trail between parking lot and park o Consider costs/benefits of drinking fountain
o Provide more detail on how the public will enter the park x Update cost estimate
Exhibit A
+ 0&$**1"(+,"

EXHIBIT A
232
Springtown Phase 1 Implementation
Proposed Scope of Services
January 4, 2024

Page 6 of 16 ends

Deliverables:
x Diagram including updated site layout, summary of improvements, and updated cost estimate

Task II: Community Outreach
RRM will engage in community outreach efforts needed to progress the project at the discretion of the City as listed below in Subtasks II.A, II.B, and II.C. Such engagement may include stakeholder meetings, public outreach meetings, and/or public hearings as described below.

Subtask II.A: Stakeholder Meetings
RRM’s project manager will prepare for and attend up to six meetings with City staff and community members/groups identified by the City as key stakeholders to provide project updates and gather feedback. These will be project development meetings that will be held bi- weekly during the design phase of the project. City staff are responsible for coordination with stakeholders and scheduling meetings.

Deliverables:
x Attend up to six (6) stakeholder meetings

Subtask II.B: Public Meeting
RRM will prepare for, attend, and facilitate an in-person public meeting or City event to obtain feedback on the schematic design created in the draft schematic design task (Subtask III.A) or the final schematic design task (Subtask III.B).

Deliverables:
x Attend and facilitate one (1) in-person community meeting or event

Subtask II.C: Public Hearings
RRM’s Principal will prepare for and present at three public meetings, including one planning commission meeting with Springtown as a discussion item, an additional planning commission meeting for entitlement, and one City Council meeting for entitlement.

Deliverables:
x Attend three (3) public hearing

Task III: Schematic Design
Based on feedback from City staff, RRM will take the concept design (Exhibit B-1) that is included in the master plan to the schematic design level.

Subtask III.A: Draft Schematic Design
Following the information-gathering stage, RRM will prepare a draft schematic design drawing, which will be based on the design in the master plan. The schematic design plan will be in black and white and include an overall plan to show disc golf and shaded bench areas along the path. It will also include an enlarged 20-scale plan to show more detail of the active play/picnic/community garden area and approximate locations of the fire access road and Exhibit A
+ 0&$**1"(+,"

EXHIBIT A
233
Springtown Phase 1 Implementation
Proposed Scope of Services
January 4, 2024

Page 7 of 16 ends

stormwater treatment areas. RRM will present the draft schematic design to City staff to obtain feedback for the final schematic design.

Deliverables:
x Black and white draft schematic design
x Virtual meeting to review draft schematic design plan with staff

Subtask III.B: Final Schematic Design
Based on feedback from staff on the draft schematic design, RRM will prepare the final schematic design plan. The final schematic design plan will be in color, including the overall site plan and the enlarged active play/picnic/community garden area.

Deliverables:
x Colored final schematic design

Subtask III.C: Entitlement Package
RRM will prepare a complete planning entitlement package, including a demolition plan, preliminary engineering plans, and preliminary landscape plans. The preliminary engineering plans will include the following:
x Preliminary grading and drainage plan
x Preliminary utility plan
x Preliminary stormwater control plan
x Preliminary erosion control plan
x Parking plan showing where park users will park
x Fire hydrant and fire access plan
x Trash service plan
x Section drawings of the stormwater treatment areas

The preliminary landscape plans will include the following:
x Preliminary landscape site plan including existing trees, fence and wall locations, solar lighting fixtures, percentage of site that is impervious surface (existing and new)
x Preliminary planting plan
x Plant palette and images identifying trees, shrubs, groundcovers, and vines by species, mature size, quantity, indication of whether plant is native and pollinator plant, and water use in conformance with the Water Efficient Landscape Ordinance (WELO)
x Hydrozone plan, including preliminary WELO calculations

Deliverables:
x One (1) planning entitlement package including contents above

Exhibit A
+ 0&$**1"(+,"

EXHIBIT A
234
Springtown Phase 1 Implementation
Proposed Scope of Services
January 4, 2024

Page 8 of 16 ends

Task IV: Final Design
Based on feedback from City staff, RRM will prepare final design drawings for the phase 1 Springtown implementation. Each construction document submittal will be provided as a PDF with bookmarks for each drawing and specification section. For each submittal, RRM will provide the City with an estimate of how City comments on the design submittals will impact construction costs. Then, if directed by the City, they will incorporate or address City comments. RRM will present each of the below submittals to the City at a virtual meeting, and then comments will be discussed at the following progress development meetings.

Construction Documents
RRM and its subconsultant will prepare plans, specifications, and estimates (PS&E) for each of the submittals listed below. The following is a list of the construction document PS&E package contents:
x Title and reference sheet
x Demolition plan
x Erosion control plans
o Erosion control plans for the proposed design that illustrate erosion prevention, sediment control, and stormwater quality management during construction to support the stormwater pollution prevention plan (SWPPP). x Landscape construction plan
x Horizontal control plan (not included in the 50% PSE submittal) o Construction layout control points and a coordinate system for locating site elements.
x Grading and drainage plan
o This scope is limited to the project site only, including a roughly graded area for the potential future library/community center. Grading and drainage for the disk golf course, future parking lot, and skate park are not included in RRM’s scope. o The plan will show all vertical control of the project elements, fine grading, curb ramp design, contour grading, spot elevations, and cut and fill estimates within the project site. The plans will detail proposed drainage facilities and existing surface connections immediately adjacent to the site. It assumes that the existing off-site upstream and downstream storm drain infrastructure at the project limits (shown in Exhibit B-1) have adequate capacity for the proposed site development, and analysis or upgrades to off-site infrastructure are not included.
x Stormwater and drainage analysis to include the following:
o This project is assumed to be a C.3 Regulated Project that will create and/or replace between 10,000 sf and 43,559 sf of imperious surface (project will not require hydromodification).
o RRM will design permanent stormwater treatment in accordance with the C.3 Stormwater Technical Guidance (anticipated version update in 2023). The design will utilize a combination of low-impact development (e.g., self-retaining areas, self-treating areas) and stormwater treatment measures (e.g., bioretention, pervious pavements, load-bearing modular grid products). RRM will prepare C.3 sizing calculations.

Exhibit A
+ 0&$**1"(+,"

EXHIBIT A
235
Springtown Phase 1 Implementation
Proposed Scope of Services
January 4, 2024

Page 9 of 16 ends

o Project site is a secondary facility (less than 50-acre watershed per Alameda County Flood Control); RRM will perform ten-year storm drainage analyses (hydrology via Rational Method and hydraulic via Manning’s Equation in Hydraflow software) for the project drainage and stormwater designs. o The C.3 calculations and exhibits, storm drain hydrologic/hydraulic calculations and exhibits, reference documentation, and project narrative will be provided in a comprehensive drainage and stormwater control plan (a C.3 Stormwater Approach Memo will be provided with the 50% PS&E deliverables, a draft drainage and stormwater control plan with 90% PS&E, and a final drainage and stormwater control plan with 100% PS&E).
x Stormwater Pollution Prevention Plan (SWPPP)
o A project SWPPP is required for this project (more than one acre of disturbed land) and will be submitted with 100% design. RRM will prepare plans for temporary erosion control facilities. Temporary facilities will be proposed for the protection of graded areas and drainage devices.
o Details and appropriate notes for construction best management practices (BMP) and guidelines for implementation are proposed to be in conformance with the State of California Water Resources Board requirements and the approved staff report, including sediment control recommendations. The temporary erosion-control plans will be incorporated into the project improvement plans as well as into the project SWPPP. RRM will conduct a risk determination based on the project’s topography, soil, schedule, location, and receiving water, then prepare the SWPPP based on the project-specific risk level. The SWPPP will be based on the final PS&E submittal. This task includes preparing permit registration documents using the SMARTS database for certification by the Client and submittal to the Water Boards. The Client will initiate the project in SMARTS.
o QSD responsibility will shift from RRM to the City, City’s QSD consultant, or contractor during construction – RRM will not provide QSP, SWPPP inspection, and SWPPP monitoring services.
x Site utility plans
o Utility plans for fire hydrants and associated fire supply lines begin at the upstream ends of each utility within the project limits to the downstream connections at proposed meter(s) – analysis of existing offsite utilities’ capacities and design of any improvements beyond the point of connection at the project limits shown in Exhibit B-1 are not included in this scope. Pumps and lift stations are not included in this scope.
o Utility plans will include new potable water meters within the project limits.

RRM will assist in completing applications for utility services on a time and materials basis. The City shall be the primary applicant and is responsible for all fees.
x Construction details
x Irrigation plans and details
o Irrigation plans will include water calculations per City’s WELO. x Planting plans and details
Exhibit A
+ 0&$**1"(+,"

EXHIBIT A
236
Springtown Phase 1 Implementation
Proposed Scope of Services
January 4, 2024

Page 10 of 16 ends

x Technical specifications, including bid table and measurement and payment (50% PSE submittal will include outline specifications only).
x Construction cost opinions
o The detailed construction cost opinion will break out each component of the design on a line-item spreadsheet with item descriptions and unit costs. Due to many variables surrounding bidding and construction conditions, this opinion will not represent a guarantee that bids received or actual costs of construction will be equal to the opinion of cost.

Subtask IV.A: 50% PS&E
RRM will prepare 50% PS&E as listed above, incorporating City comments and design standards.

RRM will attend a virtual progress development meeting and present the submittals.

Deliverables:
x 50% PS&E submittal (contents listed above)
x C.3 Stormwater Approach Memo
x One (1) virtual progress development meeting

Subtask IV.B: 90% PS&E
Based on comments received in the 50% submittal, RRM will prepare 90% PS&E as listed above for submittal to the City Building Department. Following the City review of the 90% PS&E, RRM will attend a virtual meeting to discuss comments.

Deliverables:
x 90% PS&E submittal (contents listed above)
x Draft drainage and stormwater control plan
x SWPPP
x One (1) virtual Client meeting

Subtask IV.C: Quality Control
RRM will perform an internal review of the construction documents concurrent with the City’s review of the 90% complete submittal. This QA/QC review process will be performed by senior-level professionals who are not directly involved in the project to provide an independent perspective.

Deliverables:
x Internal QA/QC review

Subtask IV.D: 100% PS&E and Permitting
RRM will update the plans based on City comments and Building Permit comments. They will resubmit the updated plans to the City Building Department (they assume the City will route the plans for review to applicable departments, including the fire department). Along with the plans, they will also submit a response to City comments for submission with the plans.

Exhibit A
+ 0&$**1"(+,"

EXHIBIT A
237
Springtown Phase 1 Implementation
Proposed Scope of Services
January 4, 2024

Page 11 of 16 ends

Deliverables:
x 100% PS&E submittal (contents listed above)
x Final drainage and stormwater control plan
x Response to City comments
Subtask IV.E: Bid-Set PS&E
Based on comments from the City, RRM will prepare PS&E for bidding. RRM will provide a list of sole source items and their respective vendors, operations and maintenance costs (O&M) and replacement schedule, as well as cost estimates and a list of submittals. RRM will identify any long lead items taking more than one month to deliver to the site after submittal is approved.

Additional information to be provided includes any contractor/subcontractor qualifications or certifications listed in specifications, warranties beyond the standard one-year warranty, spare parts, items that require O&M manuals, any required training, and any required special inspections. RRM will also hire a third party CASp professional to review the plans for ADA compliance and provide their signed certification block on the plans. An allowance of $6,000 is included for this service.

Deliverables:
x Bid-Set PS&E submittal (contents listed above)
x List of sole source items and respective vendors
x O&M costs and replacement schedule and cost estimates x List of submittals
x Allowance of $6,000 for third party CASp plan review and certification Task V: Bidding Support
RRM will support City staff during the bidding process.

Subtask V.A: Pre-Bid Meeting
RRM’s project manager will attend one onsite pre-bid meeting.

D
eliverables:
x Attend one (1) pre-bid meeting
Subtask V.B: Bid Support
RRM will respond to bidder questions and pre-bid substitution requests forwarded to them by the City and issue addenda as deemed necessary and reasonable by the City to clarify design- related issues. Due to the unknown nature of the level of effort that might be required, this task allows for up to 16 hours of support.

D
eliverables:
x Up to 16 hours of support during bidding process to review, respond to requests for information (RFI) and pre-bid substitution requests, and issue addendum(a) Exhibit A
+ 0&$**1"(+,"

EXHIBIT A
238
Springtown Phase 1 Implementation
Proposed Scope of Services
January 4, 2024

Page 12 of 16 ends

Subtask V.C: Conformed Drawings and Specifications
RRM will provide conformed drawings and specifications to the City that incorporate any modifications during the bid period. The conformed documents shall be in PDF format with bookmarks for each drawing and section.

Deliverables:
x Conformed drawings and specifications
Task VI: Client and Consultant Meetings
Subtask VI.A: Client and Consultant Meetings
RRM’s project manager and key team members will attend regularly scheduled project team meetings with staff, including building, engineering, planning, housing, and public works, as well as other consultants, such as the environmental consultant and new library design team, throughout the course of the project. These meetings will occur at least one time per month for the duration of the project schedule for a total of twenty meetings.

Del
iverables:
x Up to twenty (20) virtual meetings
Subtask VI.B: Project Management and Coordination
RRM will remain in communication with the City’s project manager consistently throughout the project. This task includes regular phone calls, emails, and other written communication. RRM will coordinate with the City and architects on the design of the new library building and surrounding parking, basketball courts, and landscape. They assume the design of this area is by others. They will also coordinate with the City’s environmental consultant for the CEQA process. The City’s environmental consultant will prepare the necessary environmental studies and reports. RRM’s design shall comply with the requirements in the environmental report.

RRM will coordinate with the Fire and Police Departments, as well as LARPD, for input on the design of the park.

Deliverables:
x Up to (60) hours of project management and coordination with City Fire and Police Departments, environmental consultant, and others
Task VII: Construction Administration
RRM will support the City during the construction of Springtown Open Space, Phase 1. RRM’s support will consist of the following.

Subtask VII.A: Pre-Construction Meeting
Following the award of the general construction contract, RRM will attend the pre-construction meeting with staff and the general contractor.

D
eliverables:
x Prepare for and attend pre-construction meeting
Exhibit A
+ 0&$**1"(+,"

EXHIBIT A
239
Springtown Phase 1 Implementation
Proposed Scope of Services
January 4, 2024

Page 13 of 16 ends

Su
btask VII.B: Construction Administration
RRM will provide 220 hours of support to the City during the construction phase of the project on a time and materials basis. Support will include reviewing and responding to RFI, change orders (CO), product submittals, and contractor-supplied shop drawings. Under this task, they will also issue supplemental instructions to provide clarifications to the bid drawings as necessary.

Del
iverables:
x RFI, CO, and submittal review
x Supplemental instructions
Subtask VII.C: Construction Meetings and Observation
RRM will attend up to 26 meetings to address construction-related topics with the project team and observe construction progress. RRM will not facilitate these meetings – that will be done by the City and/or their designated construction manager.

Del
iverables:
x Twenty-six (26) construction observation meetings
Subtask VII.D: Project Close-Out
RRM will attend a preliminary punch walk and a final punch walk to verify that all construction has been satisfactorily completed to the intent of the design. They will not perform this task until all the work is substantially complete; multiple site visits to sign off on specific areas of work (such as concrete or planting) are not included. As part of the project close-out, RRM will hire a third party CASp professional to certify that the project is ADA compliant. An allowance of $8,000 is included for this service.

Del
iverables:
x Two (2) punch walks (preliminary and final)
x Allowance of $8,000 for third party CASp certification Subtask VII.E: Record Drawings
Upon completion of construction work, RRM will compile and deliver to the City a reproducible set of record drawings based upon the marked-up record drawings, addenda, CO, and other data furnished by the contractor. These record drawings will show significant changes made during construction. Because these record drawings are based on unverified information provided by the other parties, which RRM shall assume will be reliable, RRM cannot and does not warrant their accuracy.

Del
iverables:
x Record drawings (digital format – AutoCAD 2020)
x Record drawings in PDF format with bookmarks
Exhibit A
+ 0&$**1"(+,"

EXHIBIT A
240
Springtown Phase 1 Implementation
Proposed Scope of Services
January 4, 2024

Page 14 of 16 ends

Task VIII: As-Directed Services
Upon request by the City, RRM shall provide as-directed services to the City. A budget allowance of $40,000 has been included. Any use of this budget allowance shall require written authorization from the City that includes the scope of as-directed services and an agreed-upon not-to-exceed limit. As-directed services could include the following services:
x Additional survey work
x Lighting design
x Parking design
x Site design changes requested by the City
x Value engineering
x Additional required site visits
x Additional community outreach meetings
x Additional public hearing meetings
x Additional required meetings
x Additional geotechnical services
x Additional construction administration
x Additional services beyond the allowance included in bid documents and project close- out CASp
Reimbursable Expenses
Incidental expenses incurred by RRM Design Group or any subconsultant it may hire to perform services for this project, are reimbursed by the Client at actual cost plus 10% to cover its overhead and/or administrative expenses. Reimbursable expenses include, but are not limited to, reproduction costs, postage, shipping and handling of drawings and documents, long-distance communications, fees paid to authorities having jurisdiction over the project, the expense of any additional insurance requested by Client in excess of that normally carried by RRM Design Group or its subconsultants, travel expenses (transportation/automobile/lodging/meals), and renderings and models. Reimbursable automobile travel mileage will be billed at the current IRS business standard mileage rate.

Esti
mated Fee:
x $800

SERVICES AND/OR INFORMATION TO BE PROVIDED BY CLIENT
x Relevant record drawings
x Site access
x Permit fees
x Environmental assessment
x Biological study
x Arborist report
x Traffic study
x Noise study
x Title report
Exhibit A
+ 0&$**1"(+,"

EXHIBIT A
241
Springtown Phase 1 Implementation
Proposed Scope of Services
January 4, 2024

Page 15 of 16 ends

x Third-party playground inspection and certification

TASK AND FEE SUMMARY

TASK DESCRIPTION T&M NTE
(see footnote)
Task 1 Information Gathering
I.A Kickoff Meeting $ 1,150
I.B Field Investigation $ 3,760
I.C Site Survey $ 21,500
I.D Geotechnical Engineering Investigation Report $ 35,170 I.E Design and Cost Evaluation $ 12,510
Tas k I Subtotal $ 74,090
Task 1I Community Outreach
II.A Stakeholder Meetings $ 4,920
II.B Public Meeting $ 2,488
II.C Public Hearings $ 3,732
Task II Subtotal $ 11,140
Task III Schematic Design
III.A Draft Schematic Design $ 28,040
III.B Final Schematic Design $ 16,550
III.C Entitlement Package $ 23,300
Task III Subtotal $ 67,890
Task IV Final Design
IV.A 50% PS&E $ 67,870
IV.B 90% PS&E $ 63,350
IV.C Quality Control $ 14,240
IV.D 100% PS&E and Permitting $ 31,150
IV.E Bid-Set PS&E $ 24,960
Task IV Subtotal $ 201,570
Task V Bidding Support
V.A Pre-Bid Meeting $ 1,780
V.B Bid Support $ 3,560
V.C Conformed Drawings and Specifications $ 4,490
Tas k V Subtotal $ 9,830
Task VI Client and Consultant Meetings
VI.A Client and Consultant Meetings $ 17,100
VI.B Project Management and Coordination $ 13,000
Tas k VI Subtotal $ 30,100
Exhibit A
+ 0&$**1"(+,"

EXHIBIT A
242
Springtown Phase 1 Implementation
Proposed Scope of Services
January 4, 2024

Page 16 of 16 ends

TASK DESCRIPTION T&M NTE
(see footnote)
Task VII Construction Administration
VII.A Pre-Construction Meeting $ 1,780
VII.B Construction Administration $ 47,200
VII.C Construction Meetin gs and Observation $ 24,080
VII.D Project Close-Out and CASp certification $ 16,760 V11.E Record Drawings $ 9,870
Task VII Subtotal $ 99,690
Task VIII Contingency Tasks
Task VIII As-Directed Services $ 40,000
Task VIII Subtotal 40,000
SUBTOTAL $ 534,310
Estimated Reimbursables $8 0 0
ESTIMATED PROJECT TOTAL: $ 535,110
Fee Footnote
Estimated fees for tasks shown as “Time and Materials - Not to Exceed” (T&M/NTE) establish the maximum that will be billed for each task. Amounts billed will reflect actual hours and will not exceed the maximum amount shown without prior approval by the Client.

Adjustment to Hourly Billing Rates
Rates will be adjusted on March 1st of each year based on the Bay Area Cost of Living but will remain within the ranges included on the following page.

If you have any questions or require clarification of the scope of services or fees outlined above, please do not hesitate to call us. Thank you again for this opportunity.

Sincerely,

RRM DESIGN GROUP
Gina Chavez
Project Manager
CA License No. 6040
Attachment: Exhibit A-1, Schedule 1
Exhibit B-1 – Survey and Scope of Work Exhibit
Exhibit C-1 – Project Schedule
Exhibit A
+ 0&$**1"(+,"

EXHIBIT A
243
EXHIBIT A-1 SCHEDULE 1
Bill Rate Ranges
Subject to change effective March 1st each year

ARCHITECTURE INTERIOR DESIGN
Architect 95$ - 155$ Designer I 60 $ - 95$ Associate Manager of Architecture 150 $ - 245$ Designer II 70 $ - 120$ Design Director 210 $ - 260$ Interior Designer I 75 $ - 125$ Designer I 75 $ - 110$ Interior Designer II 90 $ - 150$ Designer II 85 $ - 125$ Intern 45 $ - 85$ Designer III 105 $ - 145$ Job Captain 105 $ - 165$ Intern 60 $ - 85$ Senior Interior Designer 110 $ - 195$ Job Captain 95 $ - 155$
Manager of Architecture 180 $ - 280$ LANDSCAPE ARCHITECTURE Principal 215$ - 395$ Assistant Designer 75$ - 105$ Project Architect 135$ - 210$ Associate Designer 90 $ - 125$ Project Designer 115 $ - 200$ Designer 95 $ - 140$ Project Manager 120$ - 190$ Design Director 140 $ - 235$ Senior Architect 165$ - 210$ Intern 55 $ - 85$ Senior Designer 140 $ - 180$ Landscape Architec t 115$ - 160$ Senior Project Manager 155 $ - 255$ Manager of Landscape Architecture 165 $ - 245$ Principal 190 $ - 395$
ENGINEERING & SURVEYING Principal Landscape Architect 135$ - 205$ Associate Engineer 115 $ - 175$ Senior Landscape Architec t 125$ - 185$ Construction Inspector 135 $ - 175$
Designer I 55 $ - 105$ PLANNING
Designer II 75$ - 125$ Assistant Planner 100$ - 130$ Designer III (Structural only) 95$ - 135$ Associate Planner 110$ - 175$ Engineer I 95$ - 140$ Intern 55$ - 95$
Engineer II 115$ - 165$ GIS Specialis t 80$ - 165$ Land Surveyor 115 $ - 170$ Senior GIS Specialis t 105$ - 200$ Manager of Engineering Services 170 $ - 280$ Manager of Planning 190 $ - 265$ Manager of Surveying 155 $ - 235$ Principal 240 $ - 475$ Party Chief 90 $ - 165$ Principal Planner 175 $ - 245$ Principal 235 $ - 395$ Senior Planner 145 $ - 210$ Project Engineer 125 $ - 185$ Senior Urban Designer 155 $ - 195$ Project Manager 150 $ - 245$ Urban Designer 105 $ - 185$ Senior Associate Engineer 130 $ - 210$
Senior Designer 110 $ - 185$ CORPORATE SERVICES Senior Land Surveyor 135$ - 210$ Administrative Assistan t 75$ - 95$ Senior Party Chief 145 $ - 230$ Administrative Coordinator 100 $ - 130$ Senior Project Engineer 140 $ - 230$ Assistant Office Manager 90 $ - 135$ Supervisor of Surveying 145 $ - 230$ Chief Executive Officer 300 $ - 495$ Survey Technician I 60 $ - 100$ File Clerk/Administrative Suppor t 50$ - 85$ Survey Technician II 85 $ - 115$ Marketing Assistan t 50$ - 85$ Survey Technician III 100 $ - 135$ Marketing Coordinator 75 $ - 115$ Surveying Crew Rates Marketing Manager 130 $ - 235$ REGULAR Marketing Specialist 95$ - 155$
One person w/ GPS or Robotic Workstation 125 $ - 175$ Office Coordinator 75 $ - 130$ Two person 175 $ - 325$ Proposal Coordinator 90 $ - 140$ Three person 235 $ - 415$ Receptionis t 55$ - 80$ PREVAILING WAGE Senior Marketing Specialis t 135$ - 170$ One person w/ GPS or Robotic Workstation 150 $ - 250$ Two person 225 $ - 370$
Three person 325 $ - 515$
Rev3/1/2023
Exhibit A
+ 0&$**1"(+,"

EXHIBIT A
244
Multipurpose Field
Active Play Zone
Native Plant* & Community Garden
Picnic Area & Large Shade Structure
Potential Future Library/Community Center
Pickleball Option 2
1 2
3 5
6 4
78 9
Pickleball Option 1
*Native Plant Garden will be partially installed for
Community Service Day
Proposed Phase 1
Improvements
JANUARY 3, 2024
0’ 340’170’ 510’
SCALE 1” = 170’
Legend
10’ x 5’ Shade Structure
over Benches
Disc Golf
Bike Rack
3 Exhibit A
+ 0&$**1"(+,"

EXHIBIT A
245
Exhibit A
alternative pickleball
location in Marlin
Park
+ 0&$**1"(+,"

EXHIBIT A
246
TASK I: PRE-DESIGN INVESTIGATION
Subtask 1.A: Kickoff Meeting
Subtask 1.B: Field Investigation
Subtask 1.C: Site Survey
Subtask 1.D: Geotechnical Engineering Investigation and Report Subtask 1.E: Design and Cost Evaluation
TASK II: COMMUNITY OUTREACH
Subtask II.A: Stakeholder Meetings
Subtask II.B: Public Meeting
Subtask II.C: Public Hearings
TASK III: SCHEMATIC DESIGN
Subtask III.A: Draft Schematic Design
Subtask III.B: Final Schematic Design
Subtask III.C: Entitlement Package
TASK IV: FINAL DESIGN
Subtask IV.A: 50% PS&E
Subtask IV.B: 90% PS&E
Subtask IV.C: Quality Control
Subtask IV.D: 100% PS&E and Permitting
Subtask IV.E: Bid Set PS&E
TASK V: CONSTRUCTION ADMINISTRATION
Subtask VI.A: Bid Support
Subtask VI.B: Pre-Construction Meeting
Subtask VI.C: Construction Administration
Subtask VI.D: Construction Meetings and Observation
Subtask VI.E: Project Close-Out
Subtask VI.F: Record Drawings
December
2025
November December January February March September October NovemberApril May June July August Springtown Open Space Phase 1

PROJECT SCHEDULE
December 20, 2023 August September OctoberJulyMarch April May June Exhibit A
+ 0&$**1"(+,"

EXHIBIT A
247
Revised 4/30/2018 B5 – 1M E&O

Page 1 ends

EXHIBIT B

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

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

3. Workers’ Compensation and Employer's Liability:

4. Professional Liabilit y/Errors and Omissions:
$2,000,000 per claim. In the event the professional liability insurance required by this contract is written on a claims-made basis, Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.

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

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

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to + 0&$**1"(+,"

EXHIBIT A
248
Revised 4/30/2018 B5 – 1M E&O

Page 2 ends

contain, the following provisions:

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

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

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550 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.
+ 0&$**1"(+,"

EXHIBIT A
249

CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

February 26, 2024
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Assistant City Manager
SUBJECT:

Resolution authorizing execution of agreements with Interwest Consulting Group Inc. and CSG Consultants, Inc. to provide on-call plan check and development review services, each with not-to-exceed amounts of $400,000 and approximately four-year terms.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute agreements with Interwest Consulting Group Inc. and CSG Consultants, Inc. to provide on-call plan
check and development review services, each with not-to-exceed amounts of $400,000 and approximately four-year terms.

SUMMARY
The proposed agreements with Interwest Consulting Group Inc. and CSG Consultants, Inc. will provide on-call engineering plan review services, technical assistance, and coordination assistance with developers and agencies for development projects. Professional services, under this agreement, include review of development plan and map submittals, subdivision map review, legal description review, and assorted general engineering review services. Each contract has a not-to-exceed amount of $400,000 over an approximately four-year term.

DISCUSSION
The Engineering Division requires multiple engineering consultants to provide plan checking, review of development projects, final map review, legal description review, and assorted general engineering plan review services in connection with a variety of development projects. The workload related to development review fluctuates and the support of consultants allows the Engineering Division to provide quality reviews and timely customer service for the public, developers, and City staff.

Staff sent out a Request for Qualifications/Proposals and received Statements of Qualifications from 11 firms. The Statements of Qualifications were reviewed by a three-person selection committee and the top five firms were selected for interviews. The consultants were rated individually by each committee member based on overall experience, local experience, quality of personnel, ability to respond to the 250
City's needs on a timely basis, and responses to technical questions provided during the interviews.

Based on evaluation of the written proposals and interview results, Daniel B. Valiao, East Bay Municipal Consulting,
Interwest Consulting Group Inc., and CSG Consultants, Inc. were selected to move forward.

Bellecci and Associates was not selected at this time; however, they have been shortlisted and can be offered an agreement in the future should the additional need arise.

This past fiscal year, with COVID restrictions being lifted, development activity has increased as economic activity in the region grows.

Daniel B. Valiao, East Bay Municipal Consulting,
and Interwest
Consulting Group
have worked satisfactorily with staff to process development projects in the past and have provided much needed assistance on development projects, capital improvement projects, and additional work related to the COVID pandemic. CSG Consultants, Inc. provides similar services for other cities.

Daniel B Valiao and East Bay Municipal Consulting currently have active agreements to perform this work through June 30, 2025. These agreements can be renewed at a later date as needed.

New agreements are proposed for Interwest Consulting Group Inc. and CSG Consultants, Inc. Each new agreement allows for on-call plan check and development engineering review services for an approximate four-year term with a maximum expenditure allowance of $400,000 per agreement. These agreements authorize the City Engineer to approve work tasks related to the contract within the overall budget amount.

Staff recommends entering into professional service agreements with Interwest Consulting Group Inc. and CSG Consultants, Inc.
to provide on-call plan check and development engineering review services .

FISCAL AND ADMINISTRATIVE IMPACT

The estimated total amount of work among the two consulting firms is expected to be approximately $200,000 per year for each of the next four years. Funding for services rendered under these agreements is included in the Engineering operating budget for consultant services. Plan check fees received from developers cover the operating budget costs.

COMMUNITY PILLAR

1: A Safe Community That Thrives

GOAL

9: Facilitate new development consistent with the City's General Plan

ATTACHMENTS

1. Resolution

2. Exhibit A - Areement
Interwest Consulting Group, Inc.

3. Exhibit B - Agreement CSG Consultants, Inc.

Prepared by: Debbie Salgado
Senior Civil Engineer

251

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENTS WITH INTERWEST CONSULTING GROUP INC. AND CSG CONSULTANTS, INC. FOR ON-

CALL PLAN CHECK AND DEVELOPMENT REVIEW SERVICES, EACH WITH NOT- TO-EXCEED AMOUNTS OF $400,000 AND FOUR-YEAR TERMS
The Engineering Division requires multiple engineering consultants to provide plan checking and review of development projects, final map review, legal description review, and assorted general engineering plan review services in connection with a variety of development projects. The consultants will assist in performing timely development review during workload surges.

Staff sent out a Request for Qualifications/Proposals and received Statements of Qualifications from several firms. Based on the evaluation of the written proposals and interview results, Interwest Consulting Group Inc. and CSG Consultants, Inc. were selected by the selection committee for on-call plan check and development engineering review services.

The proposed agreement with Interwest Consulting Group, Inc. would commence February 27, 2024, and terminate February 29, 2028. The proposed agreement with CSG Consultants, Inc. would commence March 11, 2024, and terminate March 30, 2028.

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

1. Authorizes the City Manager, or her designee, to execute a professional services agreement with Interwest Consulting Group Inc., attached hereto as Exhibit A, for on-call plan check and development review services, in an amount not-to-exceed $400,000, for a four-year and three-day term.

2. Authorizes the City Manager, or her designee, to execute a professional services agreement with CSG Consultants, Inc., attached hereto as Exhibit B, to provide on-call plan check and development review services, in an amount not-to-exceed $400,000, for a four-year and twenty-day term.

3. 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 agreements.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
253
RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Molly O’Toole_____
Deborah L. Elam Molly O’Toole
Acting City Clerk Deputy City Attorney
Exhibit A – Professional Services Agreement with Interwest Consulting Group Inc.

Exhibit B – Professional Services Agreement with CSG Consultants, Inc. 254
Professional Services Agreement Page 1
Rev. 09/19/23

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2024, by and between the City of Livermore (“City”), a municipal corporation, and Interwest Consulting Group Inc. (“Consultant”),a Colorado corporation.

RE
CITALS
C
ity requires professional services to perform on-call engineering map and plan review, including entitlement reviews, City surveyor/map reviews, and improvement plan reviews.

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

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

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

3. Description of Services. Consultant shall provide the following professional services as more particularly set forth in Exhibit "A" (collectively “the Services”):
(1) On-c
all engineering map and plan review, including planning entitlements, public improvements, and related calculations for various development assignments and miscellaneous City capital improvement projects;
(2) Review of development projects and permit applications; (3) Entitlement processing;
(4) Review of improvement plans, storm water quality control plans, and final maps; (5) Drafting conditions of approval, agreements, and staff reports to City Council , which shall be finalized by City staff; and
(6) Attending meetings between staff, developers, engineers and others as requested.

T
hese services shall be ordered as needed pursuant to individual written project orders issued by City and approved by the City Engineer. Project assignments will include a scope of work and budget to provide standards to determine when City will deem that DocuSign Envelope ID: 8BCF62E8-C6C0-46D6-8F87-B25A30206330

EXHIBIT A
255
Professional Services Agreement Page 2
Rev. 09/19/23
project complete. City reserves the right not to order any services or expend any moneys pursuant to this Agreement.

4. Consultant’s Responsibilities. Consultant shall:
(a) Dilig
ently perform the Services in a manner commensurate with industry, professional, and community standards;
(b) P
rovide the resources necessary to complete the Services in a timely manner;
(c) O
btain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
(d
) Obtain and keep in effect all necessary licenses , permits, qualifications, insurance, and approvals legally and professionally required for Consultant to practice its profession and to provide the Services;
(e) Co
mply with all laws in effect that are related to Consultant and the Services;
(f
) Coordinate the Services with Debbie Salgado, Senior Civil Engineer (“Project Manager”), or such other person designated as the Project Manager by City; (g) B
e available to the Project Manager, and other parties referred to Consultant by the Project Manager, to answer questions or inquiries related to the Services;
(h) O
nly invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested. Consultant shall not submit an invoice to City more frequently than once a calendar month; (i) Keep
and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment.

Consultant shall make the i nvoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Consultant shall give City 30 calendar-days’ written notice prior to destroying the invoices and records and allow City an opportunity to take possession. If City wants them, Consultant and City shall coordinate their delivery to City in the most efficient manner possible;
(j) Pr
epare and submit a written report to the Project Manager, within 3 business-days of the Project Manager’s written request, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services;
DocuSign Envelope ID: 8BCF62E8-C6C0-46D6-8F87-B25A30206330

EXHIBIT A
256
Professional Services Agreement Page 3
Rev. 09/19/23
(k) Cons ultant shall correct, at its own expense, all errors in the S ervices.

Should Consultant fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Consultant;
(l) I
f applicable, Consultant shall ensure that all work for compensation is provided in compliance with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages. If applicable, Consultant shall comply with all prevailing wage laws, such as sections 1773, 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the California Labor Code and any other applicable wage and hour law. If any violation of prevailing wage law associated with this Agreement is deemed to have occurred by any court or administrative authority, Consultant shall forfeit to the City, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the applicable prevailing rates for any work done to accomplish the purposes of this Agreement; and, (m) C
onsultant’s services provided pursuant to this Agreement shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.

5. Compensation and Payment.
(a) The t
otal compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $ 400,000 ( "not-to-exceed amount"). City shall compensate Consultant for the Services rendered at the hourly rates, task amounts or travel expenses set forth in Exhibit “A” up to the not -to-exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts or travel expenses are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs , and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.
(b) C
ity shall pay Consultant no later than 30 days after City receives a written invoice from Consultant and verifies the Services were performed for the payment requested.

6. Term. The term of this Agreement commences on February 27, 2024, and terminates upon the completion of the Services or February 29, 2028, whichever occurs first.

7. Termination by City. City may terminate any portion or all of the Services by giving Consultant at least 30 calendar-da ys written notice. Upon receipt of a termination notice, Consultant shall immediately stop all work in progress on the Services except where necessary to preserve the benefit of the work, and then assemble the work on the Services for del ivery to City on the ter mination date. All compensation for Services performed prior to the termination date shall be payable to Consultant in accordance with Section 5.

DocuSign Envelope ID: 8BCF62E8-C6C0-46D6-8F87-B25A30206330

EXHIBIT A
257
Professional Services Agreement Page 4
Rev. 09/19/23

9. Copyright and Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disc losed by Consultant to City and Consultant obtains a license to such items for the benefit of City. All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.

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

11. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Consultant shall hold harmless, indemnify, and defend with counsel selected by the City or otherwise acceptable to the City, the City and its elected and appointed officials, officers, directors, employees, agents and designated volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services contemplated by this Agreement, or in connection with Consultant’s failure to comply with any of its obligations contained in this Agreement , except for such Liability caused by the sole active negligence or willful misconduct of City. Consultant’s obligations to hold harmless, indemnify, and defend shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City.

(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Consultant’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code s ection 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e).

DocuSign Envelope ID: 8BCF62E8-C6C0-46D6-8F87-B25A30206330

EXHIBIT A
258
Professional Services Agreement Page 5
Rev. 09/19/23

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

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

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

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

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

17. Non-Exclusive Agreement. This is a non- exclusive agreement. City reserves the right to provide, and to retain other consultants to provide, services that are the same or similar to the Services described in this Agreement.

18. No Assignment. Consultant shall not assign or subcontract any of the Services without City’s prior written consent. For the purposes of this section, a change of fifty - percent or more in the ownership or control of Consultant constitutes an assignment.

DocuSign Envelope ID: 8BCF62E8-C6C0-46D6-8F87-B25A30206330

EXHIBIT A
259
Professional Services Agreement Page 6
Rev. 09/19/23

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

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

Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is lost or destroyed, an archi val 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.

TO C
ITY: Attention: City Engineer
City of Livermore
1052 S Livermore Avenue
Livermore, California 94550
TO CONSULTANT: Attention: Paul Meschino, President
Int
erwest Consulting Group Inc.
9300 W. Stockton Blvd. Suite 105
Elk Grove, CA 95758

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

27. Counterparts. This Agreement may be executed and delivered in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and DocuSign Envelope ID: 8BCF62E8-C6C0-46D6-8F87-B25A30206330

EXHIBIT A
260
Professional Services Agreement Page 7
Rev. 09/19/23
all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email, or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals and shall be valid and effective for all purposes.
******************
*************************************************************************** S
ignatures and Attachment List on the Next Page
DocuSign Envelope ID: 8BCF62E8-C6C0-46D6-8F87-B25A30206330

EXHIBIT A
261
Professional Services Agreement Page 8
Rev. 09/19/23
In c
oncurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date first written above.

Dat
ed:
______
_____________________
Dat
ed:
______
______________________
CONSULTANT:
___________________________
Paul Meschino
President
CITY OF LIVERMORE:
____________________________
Marianna Marysheva
City Manager
APPROVED AS TO FORM:
___________________________
Deputy/Assistant/City Attorney
APPROVED AS TO INSURANCE:
_______________________
Risk Manager/Analyst
Attachments:

Ex
hibit A – Scope of Work
Exhibit B – Insurance Requirements
DocuSign Envelope ID: 8BCF62E8-C6C0-46D6-8F87-B25A30206330 2/2/2024 | 4:30 PM PST

EXHIBIT A
262
DocuSign Envelope ID: 8BCF62E8-C6C0-46D6-8F87-B25A30206330

EXHIBIT A
263
DocuSign Envelope ID: 8BCF62E8-C6C0-46D6-8F87-B25A30206330

EXHIBIT A
264
DocuSign Envelope ID: 8BCF62E8-C6C0-46D6-8F87-B25A30206330

EXHIBIT A
265
DocuSign Envelope ID: 8BCF62E8-C6C0-46D6-8F87-B25A30206330

EXHIBIT A
266
Revised 3/10/23 B16 – 2M E&O

Page 1 ends

EXHIBIT B

INSURANCE REQUIREMENTS

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

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

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

3. Workers’ Compensation and Employer's Liability:

4. Professional Liability/Errors and Omissions:
$5,000,000 per claim. Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.

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

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

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

1. The City of Livermore, its officers, officials, employees, and designated DocuSign Envelope ID: 8BCF62E8-C6C0-46D6-8F87-B25A30206330

EXHIBIT A
267
Revised 3/10/23 B16 – 2M E&O

Page 2 ends

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: 8BCF62E8-C6C0-46D6-8F87-B25A30206330

EXHIBIT A
268
Professional Services Agreement Page 1
Rev. 09/19/23

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2024, by and between the City of Livermore (“City”), a municipal corporation, and CSG Consultants, Inc. (“Consultant”), a California corporation.

RECI
TALS
C
ity requires professional services to perform on-call engineering map and plan review, including entitlement and final map reviews, City surveyor/map reviews, and improvement plan reviews.

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

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

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

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

On-c
all engineering map and plan review, including, without limitation: (1) map plan review services (e.g., final maps, planning entitlements, preparing conditions of approval (COA), drafting agreements, drafting staff reports to City Council, etc.); (2) improvement plan review services (e.g., review of public and private improvements against the COA and related calculations for various development assignments , cost estimate reviews, storm water quality control plans, preparation of Developer fees for plan check services , etc.); and (3) building permit review services (e.g., building permit plans, preparation of encroachment permits and preparation of development impact fees, et c.). Consulta nt may also attend meetings between staff, developers, engineers and others.

4. Consultant’s Responsibilities. Consultant shall:

DocuSign Envelope ID: 37A9DEA8-3517-4BD4-90AD-C29125AA7344

EXHIBIT B
269
Professional Services Agreement Page 2
Rev. 09/19/23
(a) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;

(b) Provide the resources necessary to complete the S ervices in a timely manner;

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

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

(f) Coordinate the Services with Farnoush Levers, Senior Civil Engineer (“Project Manager”), or such other person designated as the Project Manager by City;

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

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

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

(l) If applicable, Consultant shall ensure that all work for compensation is provided in compliance with the requirements of the California Labor Code including but DocuSign Envelope ID: 37A9DEA8-3517-4BD4-90AD-C29125AA7344

EXHIBIT B
270
Professional Services Agreement Page 3
Rev. 09/19/23
not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages. If applicable, Consultant shall comply with all prevailing wage laws, such as sections 1773, 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the California Labor Code and any other applicable wage and hour law. If any violation of prevailing wage law associated with this Agreement is deemed to have occurred by any court or administrative authority, Consultant shall forfeit to the City, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the applicable prevailing rates for any work done to accomplish the purposes of this Agreement; and,

5. Compensation and Payment.

(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $ 400,000 ("not-to-exceed amount"). City shall compensate Consultant for the Services rendered at the hourly rates, task amounts or travel expenses set forth in Exhibit “A” up to the not -to-exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts or travel expenses are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs , and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.

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

6. Term. The term of this Agreement commences on March 11, 2024, and terminates upon the completion of the Services or March 30, 2028, whichever occurs first.

7. Termination by City. City may terminate any portion or all of the S ervices by giving Consultant at least 30 calendar-days written notice. Upon receipt of a termination notice, Consultant shall immediately stop all work in progress on the S ervices except where necessary to preserve the benefit of the work, and then assemble the work on the Services for delivery to City on the termination date. All compensation for Services performed prior to the termination date shall be payable to Consultant in accordance with Section 5.

EXHIBIT B
271
Professional Services Agreement Page 4
Rev. 09/19/23
will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disc losed by Consultant to City and Consultant obtains a license to such items for the benefit of City. All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.

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

11. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Consultant shall hold harmless, indemnify, and defend with counsel selected by the City or otherwise acceptable to the City, the City and its elected and appointed officials, officers, directors, employees, agents and designated volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services contemplated by this Agreement, or in connection with Consultant’s failure to comply with any of its obligations contained in this Agreement , except for such Liability caused by the sole active negligence or willful misconduct of City. Consultant’s obligations to hold harmless, indemnify, and defend shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City.

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.

DocuSign Envelope ID: 37A9DEA8-3517-4BD4-90AD-C29125AA7344

EXHIBIT B
272
Professional Services Agreement Page 5
Rev. 09/19/23

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

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

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

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

17. Non-Exclusive Agreement. This is a non- exclusive agreement. City reserves the right to provide, and to retain other consultants to provide, services that are the same or similar to the Services described in this Agreement.

18. No Assignment. Consultant shall not assign or subcontract any of the Services without City’s prior written consent. For the purposes of this section, a change of fifty - percent or more in the ownership or control of Consultant constitutes an assignment.

19. Remedies. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative, and the invocation of a right or remedy will not be construed to waive or elect a remedy with respect to any other available right o r remedy. As a condition precedent to commencing legal action involving a claim or dispute against City arising from this Agreement, the Consultant must present a written claim to City in accordance with Chapter 3.42 of the Livermore Municipal Code.

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

DocuSign Envelope ID: 37A9DEA8-3517-4BD4-90AD-C29125AA7344

EXHIBIT B
273
Professional Services Agreement Page 6
Rev. 09/19/23
City can be used in place of the original for all purposes with the same effect as if it was the original.

T
O CITY: Attention: Joel Waxdeck, City Engineer
City of Livermore
1052 S Livermore Avenue
Livermore, California 94550
T
O CONSULTANT: Attention: Mario Camorongan
CSG Consultants, Inc.
550 Pilgrim Drive
Foster City, CA 94404

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

EXHIBIT B
274
Professional Services Agreement Page 7
Rev. 09/19/23
In concurr
ence 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.

Dated:
_______________
____________
Dated:
_______________
_____________
CONSULTANT:
____________________________
Cyrus Kianpour
President
CITY OF LIVERMORE:
____________________________
Marianna Marysheva
City Manager
APPROVED AS TO FORM:
___________________________
Deputy/Assistant/City Attorney
APPROVED AS TO INSURANCE:
___________________________
Risk Manager/Analyst
A
ttachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements
DocuSign Envelope ID: 37A9DEA8-3517-4BD4-90AD-C29125AA7344 2/1/2024 | 5:14 PM PST

EXHIBIT B
275

EXHIBIT A

Page 1 of 3 ends

EXHIBIT A
SC

OPE OF SERVICES

RELATED TO

AGREEMENT FOR CONSULTING SERVICES
SC

OPE OF SERVICES
CSG Consultants, Inc. (herein referred to as “CONSULTANT”) will provide on-call consulting services to the City of Livermore (herein referred to as “C ITY”) for specific work assignments or projects pursuant to the Professional Services Agreement between CONSULTANT and CITY.

These services shall be ordered as needed pursuant to individual written project orders issued by CITY and approved by the City Engineer. Project assignments will include a scope of work and budget to provide standards to determine when CITY will deem that project complete. CITY reserves the right not to order any services or expend any moneys pursuant to this Agreement.

Generally, CONSULTANT shall perform on-call engineering map and plan review, including entitlement and final map reviews, City surveyor/map reviews, and improvement plan reviews .

CONSULTANT shall attend, at the request of CITY, meetings between staff, developers, engineers, and others.

Tasks shall include, but not be limited to:

1. Map review services entailing the following non-exclusive list of tasks:
a. Prepare conditions of approval as requested;
b. R
eview subdivision maps , including, but not limited to, parcel map waivers, trac t m
aps, and parcel maps for technical correctness and compliance with CITY’S subdivision ordinance, the California Subdivision Map Act, and project conditions of approval
;
c. P
repare correspondence, reports, staff reports to City Council which shall be finalized by City staff, and agreements, as necessary, to complete the map review process;
d. R
eview Lot Line Adjustments and Lot Mergers; and
e. Review and process dedications/vacations of City right-of-way and easements.

2. Im
provement plan review services entailing the following non-exclusive list of tasks:
a. Establish performance, labor and material bond amounts and other developm ent fees;
b. R
eview of on-site and off-site improvement plans for conformance with CITY’S development code and Conditions of Approval;
c. Re
view low impact developments, plats and legals, source control and storm water treatment and detention devices, subdivision improvement agreements, and other agreements
;
d. E
valuation of required reports, studies, improvement plans, and design professional’s recommendations and cost estimates; and
e. Attend project meetings as requested.

3. B
uilding permit review services entailing the following non-exclusive list of tasks:
a. Review of the site plan for conformance with Conditions of Approval; b. R
eview of utility connections for conformance with the City Standards; c. R
eview of grease interceptor and trash enclosure requirements where applicable; and
d. C
alculate impact fees.

DocuSign Envelope ID: 37A9DEA8-3517-4BD4-90AD-C29125AA7344

EXHIBIT B
276

EXHIBIT A

Page 2 of 3 ends

SCHEDULE
CO
NSULTANT shall within fifteen working days of CITY’S written request, submit the scope and fee proposal for a project or assignment requested by CITY.

A Task Order should be executed by the City Engineer for each project or assignment prior to the start of work.

CONSULTANT shall begin work within five working days of receiving a Notice To Proceed from CITY and prosecute work to completion as agreed upon in the Task Order. Typical review periods are estimated to be two weeks.

LEVEL OF EFFORT AND BILLING RATE
Typical level of effort for each review shall not exceed 15 working days for the first review and 10 working days for all subsequent reviews unless approved otherwise by CITY in writing.

Charges to the Task Order by the Principal and Senior Principal must be approved by CITY and shall not exceed 4 hours per month.

Subconsultant markups are limited to 5%.

CITY will not pay other direct costs such as airfare, rental vehicle, per diem, lodging, etc.

PROJECT TEAM:

DocuSign Envelope ID: 37A9DEA8-3517-4BD4-90AD-C29125AA7344

EXHIBIT B
277

EXHIBIT A

Page 3 of 3 ends

BILLING RATE
DocuSign Envelope ID: 37A9DEA8-3517-4BD4-90AD-C29125AA7344

EXHIBIT B
278
Revised 5/1/2018 B5 – 1M E&O

Page 1 ends

EXHIBIT B

INSURANCE REQUIREMENTS

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

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

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

3. Workers’ Compensation and Employer's Liability:

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

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

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

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

1. The City of Livermore, its officers, officials, employees, and designated DocuSign Envelope ID: 37A9DEA8-3517-4BD4-90AD-C29125AA7344

EXHIBIT B
279
Revised 5/1/2018 B5 – 1M E&O

Page 2 ends

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: 37A9DEA8-3517-4BD4-90AD-C29125AA7344

EXHIBIT B
280

CITY COUNCIL STAFF REPORT
ITEM NO. 5.6

DATE:

February 26, 2024
TO:

Honorable Mayor and City Council
FROM:

Judy Erlandson, Acting Public Works Director
SUBJECT:

Resolution authorizing the Altamont Settlement Agreement Education Advisory Board's $631,220 Expenditure Plan for FY 2024-25.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution approving the Altamont Settlement Agreement Education Advisory Board's $631,220 Expenditure Plan for FY 2024-25.

SUMMARY
In 1999, the Settlement Agreement between and among the County of Alameda, the City of Livermore, the City of Pleasanton, Sierra Club, Northern California Recycling Association, Altamont Landowners Against Rural Mismanagement and Waste Management of Alameda County, Inc. (Altamont Settlement Agreement) was ratified by the named parties.

The Altamont Settlement Agreement stipulates that a per ton solid waste surcharge be collected in order to support recycling education programs and job training in the field of waste prevention and recycling, and to mitigate the impacts of the landfill operations on the affected community. The Altamont Settlement Agreement also created the Altamont Settlement Agreement Education Advisory Board (EAB) to oversee the funds generated by the surcharge. To accomplish this task, the EAB solicits competitive grants from applicants that plan to implement recycling and environmental awareness programs.

The proposed FY 2024-25 Expenditure Plan in Exhibit A to the resolution outlines the EAB’s recommended grant awards and expenditures. City Council approval of the Expenditure Plan totaling $631,220 is required per the terms of the Altamont Settlement Agreement.

DISCUSSION
In 1999 the County of Alameda, the cities of Livermore and Pleasanton, the Sierra Club, the Northern California Recycling Association, and Altamont Landowners Against Rural Mismanagement entered into an agreement with Waste Management of Alameda County, Inc. This agreement, known at the Altamont 281
Settlement Agreement, created the Altamont Settlement Agreement Education Advisory Board, or EAB.

The EAB convenes monthly and has five voting members. Two members are appointed by the Northern California Recycling Association, one member is the Environmental Educator appointee of the Alameda County Source Reduction and Recycling Board, and the City Councils of Livermore and Pleasanton each appoint one member. The Livermore City Council appointed Fenna Gatty, a science teacher at Altamont Creek Elementary School, as the Livermore representative on the EAB. The City of Pleasanton position is currently vacant.

The Altamont Settlement Agreement stipulates that a surcharge be collected to create an Education Account to support recycling education programs and job training in the field of waste prevention and recycling and to mitigate the impacts of the landfill operations on the effected community. The $0.45 per ton surcharge on incoming waste at Waste Management’s Altamont Landfill and the $0.42 per ton surcharge on incoming waste at Republic’s Vasco Road landfill generates approximately $465,000 per year and has an account balance of approximately $1 million as of December 31, 2023.

Funds are collected from the landfills by the Alameda County Treasurer. The Alameda County Treasurer then transfers the annual allocation to the City of Livermore. The City of Livermore provides financial management to the EAB and will continue to do so indefinitely. The EAB works with an independent contractor to provide administrative support and process dispersal of funds to grant recipients.

The EAB creates an Annual Report to detail the prior year grant funded programs. It also compiles an annual Expenditure Plan by April 1 each year. Per the terms of the Altamont Settlement Agreement, the Expenditure Plan must be approved by each voting member agency’s governing body. Therefore, the Livermore City Council must approve the Expenditure Plan prior to disbursement of the FY 2024-25 grant funds. Approval will also be sought from the Pleasanton City Council, The Northern California Recycling Association Board of Directors, and the Alameda County Board of Supervisors.

On January 22, 2024, the EAB unanimously approved the proposed FY 2024-25 Expenditure Plan found in Exhibit A. The proposed Expenditure Plan outlines the funding needs and objectives, the EAB initiated projects, and administration costs paid to the City of Livermore. The proposed Expenditure Plan also notes that unexpended funds from previous grant years will be carried over and, if necessary, applied to the FY 2024-25 grant year. The current unexpended funds balance is approximately $25,000.

For FY 2024-25, the EAB is proposing the following schedule for disbursement of funds, totaling $631,220:
• $5,000 for EAB communications and website
• $135,000 in mini grants
• $286,000 in project grants
• $50,000 in EAB Board initiated projects
• $114,000 in multi-year grants
• $30,000 for staff support
• $11,220 for City of Livermore financial management and administrative support

Staff is recommending that the City Council adopt a resolution approving the $631,220 Expenditure Plan for FY 2024-25, as required per the Altamont Settlement Agreement. The 2023 Annual Report that outlines previous years grant awards can be found in Attachment 1.

282

FISCAL AND ADMINISTRATIVE IMPACTS
There is no impact to the General Fund. The EAB will provide the City with $11,220 for costs associated with the financial management and administrative support of the EAB.

COMMUNITY PILLAR

3. Environmental Stewardship

GOAL

2: Manage the City's solid waste contract and develop and implement the City's recycling program ensuring compliance with state and local regulation

ATTACHMENTS

1. 2023 Annual Report

2. Resolution

3. Exhibit A - FY 2024-25 Expenditure Plan

Prepared by: Kathy Hughes
Administrative Assistant

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
283

EDUCATION ADVISORY BOARD
Altamont Landfill Settlement Agreement
202
3 Annual Report
NCR
A
Chair
Ruth Abbe
City
of Livermore
Vice-chair
Fenna Gatty
City
of Pleasanton
Vacant
NCR
A
Devin Jackson
Ala
meda County
Recycling Board
Eric Havel
Boa
rd Assistant
Lauren Jenkins
Background
In 1999, the cities of Livermore and Pleasanton, the Sierra Club and the Northern California Recycling Association (NCRA) entered into a settlement agreement with Alameda County and Altamont Landfill. The Altamont Landfill Settlement Agreement created the Altamont Education Advisory Board to propose allocation of funds in the Education Account for recycling education programs, job training in the field of waste prevention and recycling and mitigating the impacts of the landfill operations in the affected community. Funds generated from the $0.45 and $0.42 per ton surcharge amount to approximately $560,000 annually.

There are five voting members on the Education Advisory Board: one appointed by the Livermore City Council; one appointed by the Pleasanton City Council; two appointed by NCRA; and the Alameda County Recycling Board’s Environmental Educator.

The role of the Education Advisory Board is to annually propose the allocation of funds from the Education Account by submitting an Expenditure Plan by April 1 of each year. Concurrence of Alameda County, the cities of Livermore and Pleasanton, and NCRA on the Expenditure Plan is necessary before funds are allocated.

Funds are collected from the Altamont Landfill by the Alameda County Treasurer. The County then remits the annual allocation to the agency administering the funds (07-08 City of Pleasanton, 08-13 and out years, City of Livermore) for disbursal to grant recipients.
2023 Activities
The 2023 Expenditure Plan was approved by each of the parties in the spring of 2023. The Expenditure Plan proposed the following allocations:

Boar
d Communications, website $5,000
Mini-Grants $125,000
Project Grants $250,000
Board Initiated Project Grants $50,000
Multi-Year Grants $160,000
ALARM mitigation projects $0,000
Staff Support $30,000
Fund management & support $30,000
TOTAL $650,000
Based on the allocation established by the Expenditure Plan, the Education Advisory Board released a Request for Grant Applications for mini-grants, project grants, board initiated project grants and multi-year grants pursuant to the guidelines established in the settlement agreement.

Mini-grants
The Education Advisory Board awarded 18 Mini-Grants for projects meeting the grant criteria, as follows:

Mini-G
rant #: 23-01 Oakland Leaf Foundation, Love Cultivating Schoolyards Grant, Oakland, West County, $4,000.00 - Funds will be used to develop the waste prevention skills and knowledge of 15 East Oakland high school students; sustain a zero-waste youth-led one-acre urban farm and local food distribution initiative; positively influence the culture of our students and their peers and families related to waste consumption.

Mini-G
rant #: 23-02 Resilience Birthright, Inc., Free Baby Resilience Books, Alameda, West County, $3,900.00 - Funds will be used to provide Baby Resilience and Friends books and curriculum to schools and districts that need the support to continue their environmental programs while enhancing other programs simultaneously, targeting K-2
nd grade.

ATTACHMENT 1
284
Mini-G
rant #: 23-03 Bio-Link Depot, Inc., Increased Support for Hands-On STEM Education in Underserved Schools within
Altamont EAB Region, Oakland, West County, $4,000.00 - Funds will be used to support the first portion of one of the Open House events, to be reserved solely for Title 1 schools and Community Colleges within Alameda County, as well as the city of San Ramon.

Mini-G
rant #: 23-04 Omni Commons Community Collective, Re-
use and Repair for Alameda County, Oakland, West County, $4,000.00 - Funds will be used to hold regular repair and reuse events (also known as “Fixit Clinics”) that will leverage the workspace, tools, and expertise already at Omni Commons and make those available to Alameda County residents to aid in repair of anything that is broken.

Mini-G
rant #: 23-05 Ecology Center, Plastic Free July 2023,
Berkeley, West County, $4,000.00 - Funds will be used to develop and facilitate Ecology Center’s 2023 Plastic Free July Series of events and activities that are held to raise awareness about the impacts of the plastics crisis and to encourage action towards a circular economy.

Mini-G
rant #: 23-06 Ecology Center, Ecology Center EcoStore
Pilot Refill Program, Berkeley, West County, $4,000.00 - Funds will be used to aid in the leverage of the Ecology Center’s existing network and infrastructure to bring awareness to refill and reuse systems and demonstrate an investment in local reuse models , through the introduction of a bulk refill service.

Mini-G
rant #: 23-07 KIDS for the BAY, Blue Watershed Classrooms Program, Berkeley, West County, $4,000 .00 - Funds will be used to fund the Blue Watershed Classrooms teacher follow-up support program (BWC) for under-resourced elementary school students in low-income areas.

Mini-G
rant #: 23-08 Fixit Clinic, Fixing at Grimmer STEAM Club, Berkeley, West County, $4,000. 00 - Funds will be used to teach and oversee repair with Grimmer Elementary School students during club meetings to teach repair and maintenance skills to students.

Mini-G
rant #: 23-09 Fixit Clinic, Converting Chromebooks, Berkeley, West County, $4,000.00 - Funds will be used to teach Alameda County students and residents how to modify and update Chromebooks so that they can be diverted from e -waste and kept in the communities as functioning laptops.

Mini-G
rant #: 23-10 Cecelia Mosher-Clark, Fashioning the Future, Oakland, West County, $4,000.00 - Funds will be used to facilitate opportunities for people of all ages to train, experience and acquire many different skills needed in the soft goo ds manufacturing industry by providing hands-on experience for the use and value of recycled materials, the care and refurbishing of sewing machines and production processes.

Mini-G
rant #: 23-11 Forestr.org, Marshall Elementary School Garden Revitalization, Castro Valley, East County, $4,000. 00 - Funds will be used to rebuild the garden planters using reclaimed redwood which will last for many years; will also repave the entry to the garden and provide ADA accessible path to the raised ADA planter for students with mobility challenges; composting bins w ill also be made for both composting and a dedicated worm compost bin.

Mini-G
rant #: 23-12 Goodwill of San Francisco Bay, Counterfeit art at the intersection of education, sustainability and workforce development, Oakland, West County, $4,000.00 - Funds will be used to bolster staff training in Alameda County on how to identify counterfeit goods; create an art piece with counterfeit goods; educate Alameda County community members about why counterfeit goods are problematic.

Mini-G
rant #: 23-13 Forestr.org, Castro Valley-Sustainable Gardening Series, Castro Valley, East County, $4,000.00 - Funds will be used to host 4 public events, aligned with the seasons, that will engage residents in Castro Valley community and its surrounds to learn about sustainability practice related to home gardening and permaculture. host 4 public events, aligned with the seasons, that will engage residents in Castro Valley community and its surrounds to learn about sustainability practice related to home gardening and permaculture.

Mini-G
rant #: 23-14 Tri-Valley Haven for Women, Print wrap for food pantry vehicle and food pantry related signage, Livermore, East County, $4,000.00 - Funds will be used to wrap the Food Pantry truck and for signage that will be used to promote the pantry.
2023 Funding Expenditures
Total Expenditures for 2023 were as follows:

Board Communications, website $5,000.00
Mini-Grants $69,900.00
Project Grants $276,450.00
Multi-Year Grants $61,075.00
Board Initiated Project Grants $0,000.00
ALARM mitigation projects $0,000.00
Staff Support $30,000.00
Fund management & support $30,000 .00
Total 2023 Expenditures $472,425.00
ATTACHMENT 1
285
Mini-Grant #: 23-15 Berkeley Unified School District, Zero Waste in BUSD Administrative Buildings, Berkeley, West County, $3,000.00 - Funds will be used to provide staff in the administrative buildings with the knowledge and tools to separate their waste appropriately.

Mini-Grant #: 23-16 Urban University, Single Moms Sewing Project, Oakland, West County, $4,000.00 - Funds will be used to engage unhoused single mothers in the area of sustainability through learning workshops and the making of upcycled products s ourced from clothing textiles donated to the resale employment social enterprise.

Mini-Grant #: 23-17 San Lorenzo Family Help Center, Decreasing food waste and defeating hunger in 2023, San Lorenzo, West County, $4,000.00 - Funds will be used to expand the food recovery program by 50% to provide additional food for pantry clients and reduce food waste.

Mini-Grant #: 23-18 Wee Poets, Post COVID-19 Recycling, Berkeley, West County, $3,000.00 - Funds will be used to produce 2, 30-minute videotapes about recycling.

The total 2023 Expenditure Plan budget of $125,000 for Mini-Grants was approved by the Board along with the option to carry over all unexpended funds from previous grant years and expend if necessary. A total of $69,900.00 in Mini-Grants was approved.

Project Grants
The Education Advisory Board awarded 12 Project Grants to the following projects:

Project Grant #: 23-19 Lions Center for the Visually Impaired, You Can Do It Too! LCVI Reduce, Reuse, Recycle Awareness, Pittsburg, West County, $4,700.00- Funds from this grant will be used to host the 2nd annual event on November 15, 2023, to expand awareness and education within our target population in the Alameda County Community about the benefits and environmental protection and preservation that starts with You Too.

Project Grant #: 23-20 Resilience Birthright, Inc., Storytime with Resilience & 4 More Chapters 3rd-5th grade, Alameda, West County, $10,000.00- Funds from this grant will be used to add four more chapters and characters to the Baby resilience and Friends book, targeting grades 3-5 and creating more educational materials in various media forms.

Project Grant #: 23-21 Race to Zero Waste, Reusable Foodware and Education Project through Coalition Building (2 nd year), South San Francisco, West County, $30,000.00- Funds from this grant will be used to expand reusables through the empowerment of student groups continues Race to Zero Waste’s proven ability to engage communities in circular economics practices, waste diversion, and deliver on zero waste goals through local alliances and well -run public outreach. The plan is to continue the project and expand to 3-5 other restaurants, cafes or food trucks in the areas around CSU East Bay and Ohlone College.

Project Grant #: 23-22 Center for Environmental Health, The Road to Reusables, Oakland, West County, $30,000.00- Funds from this grant will be used to support the efforts to transition Alameda County K -12 schools to the most sustainable foodware option- reusables-by starting the conversation through the lens of protecting children’s health.

Project Grant #: 23-23 The East Bay Depot for Creative Reuse, Casts to Classrooms, Oakland, West County, $30,000.00- Funds from this grant will be used to conduct outreach to businesses and manufacturers to solicit donations of discarded materials; to divert reusable materials from the landfill by collecting discarded items from business and manufacturers; to source and provide reusable materials to educators at low or no cost; to provide hands on instruction and a physical space for arts and craft workshops, and repair workshops, with the goal of educating the community in the many ways items can be reused or repaired.

Project Grant #: 23-24 Nancy Deming, K-12 Infrastructure Support, Richmond, West County, $12,000.00- Funds from this grant will be used to cover additional time that goes beyond Nancy’s available OUSD hours so that she can focus on resources and materials in the category of social infrastructure as well as to provide and offer these resources and materials to other sch ool districts in Alameda County.

Project Grant #: 23-25 Fixit Clinic, Spotlight San Leandro: Resilience Through Repair, Berkeley , West County, $14,750.00- Funds from this grant will be used to establish, deploy and maintain a true ethos of repair through all aspects of San Leandro through students and residents, but beyond that to the staff in municipal government, the school system, public works and the library.

Project Grant #: 23-26 Math Science Nucleus, The Science of Compost, Education and Practical Application in Schools, Fremont, West County, $15,000.00- Funds from this grant will be used to promote sustainable organic waste management practices and provide students of Mattos Elementary with the hands-on experience of compost science and its applications.

ATTACHMENT 1
286
Project Grant #: 23-27 Common Vision, Classroom Worm Composting and Food Waste Reduction Education Project, Berkeley, West County, $40,000.00- Funds from this grant will be used to produce worm compost curriculum for use in 9 elementary schools in West Oakland, Alameda and San Leandro; Produce a MamaWanda garden video on worm composting and food waste reduction in schools; Hold MamaWanda live assemblies with life like puppets at each of the 9 elementary school sites; Work with school cafeterias around sustainability and organics composting education.

Project Grant #: 23-28 Bay Area Redwood, Reclaimed Redwood Planter Boxes for Tri-Valley Elementary Schools, San Ramon, West County, $15,000.00- Funds from this grant will be used to design, source materials, fabricate, deliver and create planter boxes to be used for gardening, planting trees and composting at local Tri-Valley schools, while educating and job training.

Project Grant #: 23-29 Rebuilding Together East Bay North, Berkeley STEM Education Eco Gardens, Berkeley, West County, $15,000.00- Funds from this grant will be used to assist in opening the Berkeley STEM Eco Gardens that will provide fresh food to unhoused and vulnerable populations in the East Bay while showcasing reclaimed garden infrastructures and educating the community on urban forestry.

Project Grant #: 23-30 WasteWhat, Plastic Waste Reduction: Circular Soap Distribution for Alameda County, Oakland, West County, $30,000.00- Funds from this grant will be used to support a pilot project that will bring zero waste refilling to diverse locations throughout Alameda County, through a vertically integrated partnership offering both circular soap distribution as well as consumer-facing dispenser machines.

Project Grant #: 23-31 Dorothy Day House, Dorothy’s Closet-a Voucher Based Retail Store and Social Service Center, Berkeley, West County, $30,000.00- Funds from this grant will be used to connect vulnerable low income and unhoused community members with services and referrals; distribute vouchers called “Dorothy Dollars” to partner with social service agencies allowing individuals to browse and select items for free at the store; facilitate open workshops monthly providing education on the environmental dangers of fast fashion, reuse, source reduction and ways to divert clothing and other materials from landfills.

The total 2023 Expenditure Plan budget of $280,000 for Project Grants was approved by the Board along with the option to carry over all unexpended funds from previous grant years and expend if necessary. A total of $276,450.00 in Project Grants was awarded.

Multi-Year Grants
The Education Advisory Board awarded 3 Multi-Year Grants in the 2023 cycle.

Multi-Year Grant #: 23-32(1) Thornton Jr. High School Energy and Sustainability Club, Thornton Jr. High School Energy and Sustainability Club Advisor-Stipend Funding, Fremont, West County, $3,200.00- Funds from this grant will be used to fund a stipend for an Energy and Sustainability Club advisor for three years that will recruit students, conduct meetings and hold elections, advise students on projects, supervise fundraisers, purchase supplies as needed, organize green teams to recycle materials and separate green waste, host Earth Day events, and work with district administration to reach for climate literacy goals.

Multi-Year Grant #: 23-33(1) Acta Non Verba: Youth Urban Farm Project (ANV), Resolute Café and Reusables Rollout, Oakland, West County, $7,875.00- Funds from this grant will be used to improve Waste Reduction at Camp ANV and the After School Program; Provide Waste Reduction education to the public through Resolute Café practices and promotional/educational materials available via QR code; Provide entrepreneurial training centering on developing and growing a successful Zero Waste Mobile Coffee Stand to educate youth and the community.

Multi-Year Grant #: 23-34(1) The Go Green Initiative, Institutionalizing AB 341, 1826 and SB 1383 in Livermore Valley Joint Unified School District, Pleasanton, East County, $50,000.00- Funds from this grant will be used to move LVJUSD towards Zero Waste and help reduce greenhouse gas emissions by: procuring infrastructure and equipment to separate recycling and organics waste on school campuses; implement all-hands training at all sites for administration, teachers, custodians, support staff, yard duty and students; measure success with Quarterly Progress Reports.

The total 2023 Expenditure Plan budget of $85,000 for Multi-Year Grants was approved by the Board along with the option to carry over all unexpended funds from previous grant years and expend if necessary. A total of $61,075.00 in Multi-Year Grants was awarded.

ATTACHMENT 1
287
ALARM Mitigation Projects
Pursuant to the terms of the settlement agreement, the 2023 Expenditure Plan set aside $0 for mitigation projects for landowners in the vicinity of the landfill. The Education Advisory Board corresponded with ALARM (Altamont Landowners Against Rural Mismanagement) to notify them of the available funding. No applications were submitted for cons ideration during the 2023 funding cycle. The Board will continue to communicate with ALARM regarding appropriate projects for funding.

ATTACHMENT 1
288
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING THE ALTAMONT SETTLEMENT
AGREEMENT EDUCATION ADVISORY BOARD’S $631,220
EXPENDITURE PLAN FOR FISCAL YEAR 2024-25
The Settlement Agreement between and among the County of Alameda, City of Livermore, City of Pleasanton, Sierra Club, Northern California Recycling Association (“NCRA”), Altamont Landowners Against Rural Management, and Waste Management of Alameda County, Inc., dated November 30, 1999 (“Settlement Agreement”) provides for collection of a per ton fee from the Altamont Landfill and Resource Recovery Facility for impacts on the communities due to expansion of the landfill.

The per ton fee provided for under the Settlement Agreement increases annually based on the Consumer Price Index. A portion of the fee collected, currently $0.45 cents per ton from Waste Management’s Altamont Landfill, and $0.42 cents per ton from Republic’s Vasco Road Landfill, is set aside to fund the Education Account overseen by the Education Advisory Board (EAB). The EAB consists of five voting members: two members chosen by the NCRA, one member chosen by the City of Livermore, one member chosen by the City of Pleasanton, and one member chosen by the Alameda County Recycling Board’s environmental educator. The EAB proposes disbursement of the Education Account contingent upon approval of all members.

The attached FY 2024-25 Expenditure Plan outlines the EAB’s proposed plan, summary, and funding allocations for FY 2024-25. The EAB may award funds to qualified applicants that implement recycling and environmental awareness programs based on a competitive grant process.

The EAB recognizes the City of Livermore for its efforts to share in the cost in support of the mission of the EAB by agreeing to provide fiscal and administrative support consistent with Section 7.6.2 of the Settlement Agreement, which is in the public interest and allows for up to 2% of the annual receipts to be spent on administrative costs.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby approves the FY 2024-25 Expenditure Plan, attached hereto as Exhibit A, that is proposed by the Altamont Settlement Agreement Education Advisory Board for the expenditure of $631,220.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on February 26, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
289
RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
Acting City Clerk Assistant City Attorney
Exhibit A – FY 2024-25 Expenditure Plan
290
Altamont Settlement Agreement
Education Advisory Board
2024/2025 Expenditure Plan
January 22, 2024
ATTACHMENT 1 Page 1
Plan Summary
The Altamont Landfill Settlement Agreement created the
Altamont Education Advisory Board to propose allocation of funds in the Education Account for diversion education
programs, job training in the field of waste diversion and recycling and mitigating the impacts of the landfill operations on the affected neighboring community. Funds generated from the approximate $0.45 per ton surcharge originating from the Altamont Landfill and approximate $0.42 originating from the Vasco Road Landfill, which are expected to amount to
approximately $561,000 annually. This per ton surcharge fee will be increased based on the consumer price index effective January 1, 2024.

The Need
The Altamont Landfill and Vasco Road Landfill accept
material for disposal from Alameda County jurisdictions, and from the city of San Ramon. Funding programs in diversion education and job training in waste diversion and recycling throughout the landfill service area will preserve the life of the landfill and save resources.

Target Sectors
• Environmental education programs that serve schools
• Non-formal environmental education programs,
serving students K-12
• Community-based environmental education programs
• Job training programs in the field of waste diversion and recycling
• Support to institutions and communities required t
o
co
nform to new state laws, such as SB 1383
Funding Goals
• Allocate $500,000 per year for education and job
training programs in waste preventio n, source
reduction, reuse, recycling, compostin g, and
procurement of recycled conten t products.
• Report measurable results to the Northern California Recycling Association (NCRA), Alameda Coun ty
Board of Supervisors and cities of Livermore and
Pleasanton on an annual basis.
• Provide up to two cents ($0.02) of ev ery forty-five
cents ($0.45) of the Education Account to Alameda
Landowners Against Mismanagement (ALARM) for
landfill mitigation projects (pursuant to Settlement
Agreement sec. 7.3.3)
• The EAB would like to recognize the City of
Livermore for its efforts to share in the cost in support of the mission of the EAB by agreeing to provide
fiscal and administrative support consistent with
Section 7.6.2 of the Settlement Agreement, which is
in the public interest and allows for up to 2% of the
annual receipts to be spent on ad
ministrative costs.

Objectives
Grants and projects:
 Mini-grants – The mini-grant program awards up to $5,000 to
all eligible projects that meet award criteria up to the funding allocation amount. In 2023-24, mini-grants
supported environmental science programs and school
recycling and composting infrastructure projects.
 Project grants – The annual grant program would award competitive grants up to $50,000 for projects that would m
ake significant contributions to the development of
sustainable diversion education programs and job training i
n waste prevention and recycling. Types of projects could i
nclude: curriculum development, district-wide diversion e
ducation programs, job training programs, and
c
ommunity-based programs.
 Multiple year grants – Allow applicants for the annual grant program, to propose multiple year grants for up to t
hree years of on-going support.
 Board initiated projects – Board initiated projects include projects for which a separate solicitation will need to be performed or special projects to be developed by the Boar d
t
hat fulfill a special niche or program area not addressed by the grants program. Types of projects could include job t
raining partnerships, outreach programs, video and
website development, and joint projects with other
agencies.

Deliverables and Major Milestones
2024-25 Continue to develop job-training partnerships with education institutions, state and community colleges.
1/
2024 Initiate development of 2024-25 expenditure plan.
1/2
024 Release Request for Grant Applications.
3/2024 Annual expenditure plan to NCRA, Board of
Supervisors and cities of Livermore and Pleasanton.
5/
2024 Award project grants for 2024-25 school year.

Assumptions
 The environmental education community perceives a need f
or diversion education programs and can develop grant
proposals that meet the goals and objectives of the parties to the settlement agreement and the Education Advisory
B
oard.
 The Education Advisory Board can identify appropriate partners for enhancing or developing job training programs in waste prevention and recycling.

EXHIBIT A
291
Altamont Settlement Agreement
Education Advisory Board
2024/2025 Expenditure Plan
January 22, 2024
ATTACHMENT 1 Page 2
Constraints
 COVID pandemic has required flexibility and adaptability in
required timelines and milestones.
 Teachers and others involved in environmental education are very busy and may not respond to grant solicitations.  Other funding agencies, such as the Alameda County
W
aste Management Authority and Source Reduction and
R
ecycling Board may have differing priorities that
dom
inate the program offerings.
 The Education Account has limited funds that must be
stretched over a large service area.

Proposed Allocations
B
oard communications, website $5,000
Mini-grants $135,000
Project grants $286,000
Board initiated projects $50,000
Multi-year grants $114,000
ALARM mitigation projects* $00,000
Staff Support $30,000
Fund management and support $11,220
TOTAL $631,220
A
ll unexpended funds from previous grant years will be
carried over and, if necessary, applied to the 2024-2025 grant year.
*
ALARM fund has reached maximum amount of $100,000

EXHIBIT A
292

CITY COUNCIL STAFF REPORT
ITEM NO. 5.7

DATE:

February 26, 2024
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution amending the City of Livermore Salary Plan adding the classifications titled Supervising Purchasing Specialist and Community Service Specialist II.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution amending the City of Livermore Salary Plan to add the classifications titled Supervising Purchasing Specialist and Community Service Specialist II.

SUMMARY
The Purchasing Section of the Administrative Services Department requires an advanced journey level specialist to interpret City purchasing policy rules and regulations that govern contracting activities for City departments and provide professional procurement consultation, assistance, instruction, and training. Additionally, the Purchasing Section requires expanded supervision and coaching of the assigned staff.

The Supervising Purchasing Specialist classification will replace the current classification entitled Purchasing Specialist and will be assigned the annual salary range of $86,517.46 - $105,162.51.

Adding the Supervising Purchasing Specialist classification will not increase the number of current, Council approved, full-time, authorized positions in the Administrative Services Department.

The Police Department requires a journey level position in the Community Services Specialist series to complete the most advanced, in-person, crime scene processing and related duties. The Community Services Specialist II classification will be reserved for the most experienced Community Services Specialists with advanced certifications and experience and will be assigned the salary range of $73,934.02 - $89,867.26.

Adding the Community Services Specialist II classification will not increase the number of current, Council approved, full-time, authorized positions in the Police Department.

DISCUSSION
293
Historically, the City has had a Purchasing Specialist position dedicated to coordinating the functions of the City's Central Purchasing Section in the Finance Division. Over time, it has also become necessary to have someone focus on providing a higher level of review over contracts submitted by departments.

Higher level review is required to ensure compliance with the City’s Contracts and Purchasing policies and procedures, and to ensure the completeness and accuracy of City contracts. Additionally, it is necessary for someone to assume full supervision over staff assigned, as opposed to just providing lead direction.

The updated classification entitled Supervising Purchasing Specialist will replace the existing classification entitled Purchasing Specialist. Based on the expanded, higher-level duties the classification will be established with the salary range of $86,517.46 - $105,162.51 which is 11.5% above the current classification.

The Police Department has historically had several Community Service Specialists performing non- sworn police related technical and administrative tasks and providing support for the daily operations of the Police Department. The original Community Service Specialist classification encompasses many different areas of responsibility, such as traffic abatement, code enforcement, and basic evidence collection.

The proposed Community Service Specialist II classification is designed to expand on the duties of the Community Service Specialist, addressing a need for journey-level skills specifically in crime-scene processing and training duties. Creating the Community Service Specialist II classification will also assist in attracting well-qualified candidates to work for the City of Livermore, as they can be appropriately compensated for advanced crime scene training and experience.

The new classification will be added to the Community Service Specialist series and will have a salary range of $73,934.02 - $89,867.26 which is 5% above the Community Service Specialist position.

FISCAL AND ADMINISTRATIVE IMPACTS
The fiscal year impact to add the classification of Supervising Purchasing Specialist is estimated to be $15,000. The additional cost of this new position will be covered by salary savings in the current Administrative Services Department budget.

The fiscal year impact to add the classification of Community Service Specialist II is estimated to be $6,000. The additional cost of this new position will be covered by salary savings in the current Police Department budget.

COMMUNITY PILLAR

5: A City That works.

GOAL

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

294

ATTACHMENTS

1. Resolution

2. Exhibit A - Salary Plan February 2024

Prepared by: Nancy Dias
Human Resource Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ADOPTING THE CITY OF LIVERMORE SALARY
PLAN DATED FEBRUARY 2024, IN ACCORDANCE WITH
CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
The proposed City of Livermore Salary Plan, attached as Exhibit A, is intended to make the following amendments:
 Add new classification of Community Services Specialist II (Class Code 299) to the Association of Livermore Employees schedule with salary steps of $6,161.17 - $6,469.23 - $6,792.69 - $7,132.32 - $7,488.94; and  Add new classification of Supervising Purchasing Specialist (Class Code 209) to the Association of Livermore Employees schedule with salary steps of $7,209.79 - $7,570.28 - $7,948.79 - $8,346.23 - $8,763.54; and  Delete classification Purchasing Specialist (Class Code 220) from the Association of Livermore Employees schedule.

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

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on February 26, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason Alcala
Deborah L. Elam Jason Alcala
Acting City Clerk City Attorney
Exhibit A – Salary Plan dated February 2024
296
Salary

Plan
February
2024

EXHIBIT A
297
CLASS

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E 221 01 ACCOUNT CLERK 66,819.84 70,054.84 73,441.56 76,997.62 80,731.49 Sch=M24 5,568.32 5,837.90 6,120.13 6,416.47 6,727.62
1,285.00 1,347.21 1,412.34 1,480.72 1,552.53

32.12492 33.68021 35.30844 37.01809 38.81322
225 02 ACCOUNT CLERK, JUNIOR 60,576.07 63,488.86 66,547.28 69,758.63 73,130.53 Sch=M24 5,048.01 5,290.74 5,545.61 5,813.22 6,094.21
1,164.92 1,220.94 1,279.76 1,341.51 1,406.36

29.12311 30.52349 31.99388 33.53780 35.15891
222 03 ACCOUNT CLERK, SENIOR 72,677.86 76,195.73 79,889.49 83,767.95 87,840.33 Sch=M24 6,056.49 6,349.64 6,657.46 6,980.66 7,320.03
1,397.65 1,465.30 1,536.34 1,610.92 1,689.24

34.94128 36.63256 38.40841 40.27305 42.23093
223 05 ACCOUNTANT, JUNIOR 86,792.41 91,054.48 95,529.67 100,228.61 105,162.51 Sch=M24 7,232.70 7,587.87 7,960.81 8,352.38 8,763.54
1,669.08 1,751.05 1,837.11 1,927.47 2,022.36

41.72712 43.77619 45.92773 48.18683 50.55890
224 04 ACCOUNTING TECHNICIAN 77,171.53 80,914.10 84,843.78 88,969.95 93,302.44 Sch=M24 6,430.96 6,742.84 7,070.32 7,414.16 7,775.20
1,484.07 1,556.04 1,631.61 1,710.96 1,794.28

37.10170 38.90101 40.79028 42.77401 44.85694
213 14 ADMINISTRATIVE 80,842.05 84,768.14 88,890.52 93,219.04 97,763.97 Sch=M24 ASSISTANT 6,736.84 7,064.01 7,407.54 7,768.25 8,147.00 1,554.65 1,630.16 1,709.43 1,792.67 1,880.08

38.86637 40.75391 42.73583 44.81685 47.00191
211 50 ADMINISTRATIVE CLERK I 60,576.11 63,488.90 66,547.33 69,758.67 73,130.58 Sch=M24 5,048.01 5,290.74 5,545.61 5,813.22 6,094.22
1,164.93 1,220.94 1,279.76 1,341.51 1,406.36

29.12313 30.52351 31.99391 33.53782 35.15893
214 49 ADMINISTRATIVE CLERK II 64,925.25 68,055.49 71,342.24 74,793.35 78,416.99 Sch=M24 5,410.44 5,671.29 5,945.19 6,232.78 6,534.75
1,248.56 1,308.76 1,371.97 1,438.33 1,508.02

31.21406 32.71899 34.29915 35.95834 37.70048
206 06 ADMINISTRATIVE 80,842.05 84,768.14 88,890.52 93,219.04 97,763.97 Sch=M24 TECHNICIAN 6,736.84 7,064.01 7,407.54 7,768.25 8,147.00 1,554.65 1,630.16 1,709.43 1,792.67 1,880.08

38.86637 40.75391 42.73583 44.81685 47.00191
471 01 AIRPORT SERVICE 70,739.04 74,159.99 77,751.97 81,523.55 85,483.71 Sch=PS4 ATTENDANT 5,894.92 6,180.00 6,479.33 6,793.63 7,123.64 1,360.37 1,426.15 1,495.23 1,567.76 1,643.92

34.00915 35.65384 37.38075 39.19401 41.09794
473 02 AIRPORT SERVICE 75,875.80 79,553.58 83,415.24 87,469.99 91,727.48 Sch=PS4 ATTENDANT SENIOR 6,322.98 6,629.47 6,951.27 7,289.17 7,643.96 1,459.15 1,529.88 1,604.14 1,682.12 1,763.99

36.47875 38.24691 40.10348 42.05288 44.09975

CITY OF LIVERMORE

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

EXHIBIT A
298
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
290 07 ANIMAL CONTROL 80,206.76 84,101.09 88,190.12 92,483.60 96,991.75 Sch=M24 OFFICER 6,683.90 7,008.42 7,349.18 7,706.97 8,082.65 1,542.44 1,617.33 1,695.96 1,778.53 1,865.23

38.56094 40.43322 42.39910 44.46327 46.63065
465 66 ASSET MANAGEMENT 108,017.74 113,302.62 118,851.73 124,678.30 130,796.19 Sch=M24 SPECIALIST 9,001.48 9,441.89 9,904.31 10,389.86 10,899.68 2,077.26 2,178.90 2,285.61 2,397.66 2,515.31

51.93161 54.47241 57.14025 59.94149 62.88278
281 08 BUILDING INSPECTOR I 94,998.40 99,632.31 104,497.90 109,606.78 114,971.10 Sch=M24 7,916.53 8,302.69 8,708.16 9,133.90 9,580.93
1,826.89 1,916.01 2,009.58 2,107.82 2,210.98

45.67231 47.90015 50.23938 52.69557 55.27457
282 09 BUILDING INSPECTOR II 102,077.46 107,065.32 112,302.57 117,801.68 123,575.74 Sch=M24 8,506.46 8,922.11 9,358.55 9,816.81 10,297.98
1,963.03 2,058.95 2,159.66 2,265.42 2,376.46

49.07570 51.47371 53.99162 56.63542 59.41141
277 56 BUILDING INSPECTOR III 105,063.34 110,200.49 115,594.49 121,258.19 127,205.08 Sch=M24 8,755.28 9,183.37 9,632.87 10,104.85 10,600.42
2,020.45 2,119.24 2,222.97 2,331.89 2,446.25

50.51122 52.98100 55.57427 58.29721 61.15629
288 10 BUILDING INSPECTOR, 110,200.49 115,594.49 121,258.19 127,205.08 133,449.32 Sch=M24 SENIOR 9,183.37 9,632.87 10,104.85 10,600.42 11,120.78 2,119.24 2,222.97 2,331.89 2,446.25 2,566.33

52.98100 55.57427 58.29721 61.15629 64.15833
249 11 CIVIL ENGINEER, 113,280.25 118,828.25 124,653.63 130,770.30 137,192.81 Sch=M24 ASSISTANT 9,440.02 9,902.35 10,387.80 10,897.53 11,432.73 2,178.47 2,285.16 2,397.19 2,514.81 2,638.32

54.46166 57.12897 59.92963 62.87034 65.95808
254 12 CIVIL ENGINEER, 122,668.21 128,685.61 135,003.88 141,638.06 148,603.95 Sch=M24 ASSOCIATE 10,222.35 10,723.80 11,250.32 11,803.17 12,383.66 2,359.00 2,474.72 2,596.23 2,723.81 2,857.77

58.97510 61.86808 64.90571 68.09522 71.44421
247 13 CIVIL ENGINEER, JUNIOR 99,649.46 104,515.91 109,625.69 114,990.96 120,624.49 Sch=M24 8,304.12 8,709.66 9,135.47 9,582.58 10,052.04
1,916.34 2,009.92 2,108.19 2,211.36 2,319.70

47.90839 50.24803 52.70466 55.28412 57.99254
292 17 COMMUNITY 70,824.73 74,249.94 77,846.44 81,622.74 85,587.87 Sch=M24 SERVICE SPECIALIST 5,902.06 6,187.50 6,487.20 6,801.90 7,132.32 1,362.01 1,427.88 1,497.05 1,569.67 1,645.92

34.05035 35.69709 37.42617 39.24170 41.14801
299 35 COMMUNITY 73,934.02 77,630.72 81,512.26 85,587.87 89,867.26 Sch=M24 SERVICE SPECIALIST II* 6,161.17 6,469.23 6,792.69 7,132.32 7,488.94 1,421.81 1,492.90 1,567.54 1,645.92 1,728.22

35.54520 37.32246 39.18859 41.14801 43.20541

EXHIBIT A
299
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
294 19 CRIME & INTELLIGENCE 92,146.03 96,637.32 101,353.16 106,304.81 111,504.03 Sch=M24 ANALYST 7,678.84 8,053.11 8,446.10 8,858.73 9,292.00 1,772.04 1,858.41 1,949.10 2,044.32 2,144.31

44.30098 46.46025 48.72748 51.10808 53.60771
296 62 CRIME PREVENTION 76,419.34 80,124.29 84,014.48 88,099.19 92,388.13 Sch=M24 SPECIALIST 6,368.28 6,677.02 7,001.21 7,341.60 7,699.01 1,469.60 1,540.85 1,615.66 1,694.22 1,776.69

36.74007 38.52129 40.39158 42.35538 44.41737
954 27 CRISIS INTERVENTION 97,854.20 102,708.03 107,804.57 113,155.93 118,774.86 Sch=M24 SPECIALIST 8,154.52 8,559.00 8,983.71 9,429.66 9,897.91 1,881.81 1,975.15 2,073.16 2,176.08 2,284.13

47.04529 49.37886 51.82912 54.40189 57.10330
208 21 DIVISION CLERK 68,410.33 71,714.84 75,184.57 78,827.77 82,653.16 Sch=M24 5,700.86 5,976.24 6,265.38 6,568.98 6,887.76
1,315.58 1,379.13 1,445.86 1,515.92 1,589.48

32.88958 34.47829 36.14643 37.89797 39.73710
234 64 ECONOMIC DEVELOPMENT 88,694.16 93,012.86 97,547.50 102,308.85 107,308.26 Sch=M24 SPECIALIST 7,391.18 7,751.07 8,128.96 8,525.74 8,942.36 1,705.66 1,788.71 1,875.91 1,967.48 2,063.62

42.64142 44.71772 46.89784 49.18695 51.59051
467 38 ELECTRICIAN 95,136.49 99,815.77 104,729.03 109,887.93 115,304.79 Sch=PS4 7,928.04 8,317.98 8,727.42 9,157.33 9,608.73
1,829.55 1,919.53 2,014.02 2,113.23 2,217.40

45.73870 47.98835 50.35050 52.83074 55.43500
255 23 ENGINEER, ASSISTANT 108,017.73 113,302.61 118,851.72 124,678.29 130,796.18 Sch=M24 9,001.48 9,441.88 9,904.31 10,389.86 10,899.68
2,077.26 2,178.90 2,285.61 2,397.66 2,515.31

51.93160 54.47241 57.14025 59.94149 62.88278
256 24 ENGINEER, JUNIOR 95,014.74 99,649.48 104,515.92 109,625.70 114,990.97 Sch=M24 7,917.90 8,304.12 8,709.66 9,135.48 9,582.58
1,827.21 1,916.34 2,009.92 2,108.19 2,211.36

45.68016 47.90840 50.24804 52.70466 55.28412
273 63 ENGINEERING SPECIALIST 108,017.73 113,302.61 118,851.72 124,678.29 130,796.18 Sch=M24 9,001.48 9,441.88 9,904.31 10,389.86 10,899.68
2,077.26 2,178.90 2,285.61 2,397.66 2,515.31

51.93160 54.47241 57.14025 59.94149 62.88278
284 25 ENGINEERING 92,947.14 97,478.47 102,236.38 107,232.19 112,477.78 Sch=M24 TECHNICIAN, ASSIST 7,745.60 8,123.21 8,519.70 8,936.02 9,373.15 1,787.45 1,874.59 1,966.08 2,062.16 2,163.03

44.68613 46.86465 49.15211 51.55394 54.07586
275 26 ENGINEERING 99,649.46 104,515.91 109,625.69 114,990.96 120,624.49 Sch=M24 TECHNICIAN, ASSOC 8,304.12 8,709.66 9,135.47 9,582.58 10,052.04 1,916.34 2,009.92 2,108.19 2,211.36 2,319.70

47.90839 50.24803 52.70466 55.28412 57.99254

EXHIBIT A
300
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
279 28 ENGINEERING 103,509.58 108,569.05 113,881.48 119,459.54 125,316.50 Sch=M24 TECHNICIAN, SENIOR 8,625.80 9,047.42 9,490.12 9,954.96 10,443.04 1,990.57 2,087.87 2,190.03 2,297.30 2,409.93

49.76422 52.19666 54.75071 57.43247 60.24832
410 40 FACILITIES MAINTENANCE 60,247.85 63,144.22 66,185.42 69,378.67 72,731.59 Sch=PS4 TRAINEE 5,020.65 5,262.02 5,515.45 5,781.56 6,060.97 1,158.61 1,214.31 1,272.80 1,334.21 1,398.68

28.96531 30.35780 31.81991 33.35513 34.96711
411 41 FACILITIES MAINTENANCE 67,430.13 70,685.61 74,103.86 77,693.04 81,461.68 Sch=PS4 WORKER I 5,619.18 5,890.47 6,175.32 6,474.42 6,788.47 1,296.73 1,359.34 1,425.07 1,494.10 1,566.57

32.41833 33.98347 35.62686 37.35242 39.16427
412 42 FACILITIES MAINTENANCE 72,289.11 75,787.55 79,460.91 83,317.95 87,367.82 Sch=PS4 WORKER II 6,024.09 6,315.63 6,621.74 6,943.16 7,280.65 1,390.18 1,457.45 1,528.09 1,602.27 1,680.15

34.75438 36.43632 38.20236 40.05671 42.00376
413 43 FACILITIES MAINTENANCE 75,875.80 79,553.58 83,415.24 87,469.99 91,727.48 Sch=PS4 WORKER, SENIOR 6,322.98 6,629.47 6,951.27 7,289.17 7,643.96 1,459.15 1,529.88 1,604.14 1,682.12 1,763.99

36.47875 38.24691 40.10348 42.05288 44.09975
414 20 FACILITIES MAINTENANCE 85,349.29 89,500.73 93,859.75 98,436.73 103,242.55 Sch=PS4 WORKER, SUPERVISING 7,112.44 7,458.39 7,821.65 8,203.06 8,603.55 1,641.33 1,721.17 1,805.00 1,893.01 1,985.43

41.03331 43.02920 45.12488 47.32535 49.63584
950 18 FAMILY THERAPIST 93,505.05 98,064.29 102,851.49 107,878.04 113,155.93 Sch=M24 7,792.09 8,172.02 8,570.96 8,989.84 9,429.66
1,798.17 1,885.85 1,977.91 2,074.58 2,176.08

44.95435 47.14629 49.44783 51.86444 54.40189
444 51 FLEET SERVICES WORKER 60,247.89 63,144.27 66,185.47 69,378.72 72,731.64 Sch=PS4 5,020.66 5,262.02 5,515.46 5,781.56 6,060.97
1,158.61 1,214.31 1,272.80 1,334.21 1,398.69

28.96533 30.35782 31.81994 33.35515 34.96713
274 59 GIS SPECIALIST 108,017.73 113,302.59 118,851.71 124,678.28 130,796.17 Sch=M24 9,001.48 9,441.88 9,904.31 10,389.86 10,899.68
2,077.26 2,178.90 2,285.61 2,397.66 2,515.31

51.93160 54.47240 57.14025 59.94148 62.88277
420 11 GROUNDSKEEPER 60,247.85 63,144.22 66,185.41 69,378.66 72,731.58 Sch=PS4 TRAINEE 5,020.65 5,262.02 5,515.45 5,781.56 6,060.97 1,158.61 1,214.31 1,272.80 1,334.21 1,398.68

28.96531 30.35780 31.81991 33.35513 34.96711
421 12 GROUNDSKEEPER I 67,430.13 70,685.61 74,103.86 77,693.04 81,461.68 Sch=PS4 5,619.18 5,890.47 6,175.32 6,474.42 6,788.47
1,296.73 1,359.34 1,425.07 1,494.10 1,566.57

32.41833 33.98347 35.62686 37.35242 39.16427

EXHIBIT A
301
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
422 13 GROUNDSKEEPER II 72,289.11 75,787.56 79,460.91 83,317.95 87,367.82 Sch=PS4 6,024.09 6,315.63 6,621.74 6,943.16 7,280.65
1,390.18 1,457.45 1,528.09 1,602.27 1,680.15

34.75438 36.43633 38.20236 40.05671 42.00376
423 14 GROUNDSKEEPER III 75,875.80 79,553.58 83,415.24 87,469.99 91,727.48 Sch=PS4 6,322.98 6,629.47 6,951.27 7,289.17 7,643.96
1,459.15 1,529.88 1,604.14 1,682.12 1,763.99

36.47875 38.24691 40.10348 42.05288 44.09975
424 04 GROUNDSKEEPER, 85,349.29 89,500.73 93,859.75 98,436.73 103,242.55 Sch=PS4 SUPERVISING 7,112.44 7,458.39 7,821.65 8,203.06 8,603.55 1,641.33 1,721.17 1,805.00 1,893.01 1,985.43

41.03331 43.02920 45.12488 47.32535 49.63584
228 16 INFORMATION 80,654.75 84,609.95 88,762.91 93,123.52 97,702.15 Sch=M24 TECHNOLOGY TECHNICIAN 6,721.23 7,050.83 7,396.91 7,760.29 8,141.85 1,551.05 1,627.11 1,706.98 1,790.84 1,878.89

38.77632 40.67786 42.67448 44.77092 46.97219
271 57 INFORMATION TECHNOLOGY 88,499.94 92,847.39 97,412.22 102,205.29 107,238.01 Sch=M24 TECHNICIAN, SENIOR 7,375.00 7,737.28 8,117.69 8,517.11 8,936.50 1,701.92 1,785.53 1,873.31 1,965.49 2,062.27

42.54805 44.63817 46.83280 49.13716 51.55674
426 52 LANDSCAPE MAINTENANCE 81,112.97 85,052.59 89,189.20 93,532.64 98,093.25 Sch=PS4 SPECIALIST 6,759.41 7,087.72 7,432.43 7,794.39 8,174.44 1,559.86 1,635.63 1,715.18 1,798.70 1,886.41

38.99662 40.89067 42.87942 44.96762 47.16022
263 29 LIBRARIAN I 73,089.45 76,627.91 80,343.28 84,244.43 88,340.63 Sch=M24 6,090.79 6,385.66 6,695.27 7,020.37 7,361.72
1,405.57 1,473.61 1,545.06 1,620.09 1,698.86

35.13916 36.84034 38.62658 40.50213 42.47146
260 30 LIBRARIAN II 80,998.52 84,932.43 89,063.03 93,400.16 97,954.15 Sch=M24 6,749.88 7,077.70 7,421.92 7,783.35 8,162.85
1,557.66 1,633.32 1,712.75 1,796.16 1,883.73

38.94160 40.83290 42.81876 44.90392 47.09334
242 32 LIBRARY ASSISTANT 68,828.76 72,154.18 75,645.87 79,312.15 83,161.75 Sch=M24 5,735.73 6,012.85 6,303.82 6,609.35 6,930.15
1,323.63 1,387.58 1,454.73 1,525.23 1,599.26

33.09075 34.68951 36.36821 38.13084 39.98161
243 33 LIBRARY ASSISTANT, 77,171.53 80,914.10 84,843.78 88,969.95 93,302.44 Sch=M24 SUPERVISING 6,430.96 6,742.84 7,070.32 7,414.16 7,775.20 1,484.07 1,556.04 1,631.61 1,710.96 1,794.28

37.10170 38.90101 40.79028 42.77401 44.85694
241 34 LIBRARY CLERK 60,576.11 63,488.90 66,547.33 69,758.67 73,130.58 Sch=M24 5,048.01 5,290.74 5,545.61 5,813.22 6,094.22
1,164.93 1,220.94 1,279.76 1,341.51 1,406.36

29.12313 30.52351 31.99391 33.53782 35.15893

EXHIBIT A
302
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
400 16 MAINTENANCE 60,247.85 63,144.22 66,185.41 69,378.66 72,731.58 Sch=PS4 TRAINEE 5,020.65 5,262.02 5,515.45 5,781.56 6,060.97 1,158.61 1,214.31 1,272.80 1,334.21 1,398.68

28.96531 30.35780 31.81991 33.35513 34.96711
401 17 MAINTENANCE 67,430.13 70,685.61 74,103.86 77,693.04 81,461.68 Sch=PS4 WORKER I 5,619.18 5,890.47 6,175.32 6,474.42 6,788.47 1,296.73 1,359.34 1,425.07 1,494.10 1,566.57

32.41833 33.98347 35.62686 37.35242 39.16427
402 18 MAINTENANCE 72,289.11 75,787.55 79,460.91 83,317.95 87,367.82 Sch=PS4 WORKER II 6,024.09 6,315.63 6,621.74 6,943.16 7,280.65 1,390.18 1,457.45 1,528.09 1,602.27 1,680.15

34.75438 36.43632 38.20236 40.05671 42.00376
403 19 MAINTENANCE 75,875.80 79,553.58 83,415.24 87,469.99 91,727.48 Sch=PS4 WORKER III 6,322.98 6,629.47 6,951.27 7,289.17 7,643.96 1,459.15 1,529.88 1,604.14 1,682.12 1,763.99

36.47875 38.24691 40.10348 42.05288 44.09975
442 22 MECHANIC 83,676.63 87,744.45 92,015.64 96,500.41 101,209.42 Sch=PS4 6,973.05 7,312.04 7,667.97 8,041.70 8,434.12
1,609.17 1,687.39 1,769.53 1,855.78 1,946.34

40.22915 42.18483 44.23829 46.39443 48.65838
440 23 MECHANIC SENIOR 90,843.18 95,269.32 99,916.76 104,796.59 109,920.41 Sch=PS4 7,570.27 7,939.11 8,326.40 8,733.05 9,160.03
1,746.98 1,832.10 1,921.48 2,015.32 2,113.85

43.67461 45.80256 48.03690 50.38298 52.84635
251 15 NEIGHBORHOOD 99,649.46 104,515.91 109,625.69 114,990.96 120,624.49 Sch=M24 PRESERVATION OFFICER 8,304.12 8,709.66 9,135.47 9,582.58 10,052.04 1,916.34 2,009.92 2,108.19 2,211.36 2,319.70

47.90839 50.24803 52.70466 55.28412 57.99254
407 03 PARTS AND INVENTORY 70,559.98 73,971.95 77,554.53 81,316.24 85,266.04 Sch=PS4 CONTROL WORKER 5,880.00 6,164.33 6,462.88 6,776.35 7,105.50 1,356.92 1,422.54 1,491.43 1,563.77 1,639.73

33.92307 35.56344 37.28583 39.09435 40.99329
287 37 PERMIT TECHNICIAN 71,853.77 75,330.44 78,980.95 82,813.98 86,838.67 Sch=M24 5,987.81 6,277.54 6,581.75 6,901.17 7,236.56
1,381.80 1,448.66 1,518.86 1,592.58 1,669.97

34.54508 36.21656 37.97161 39.81441 41.74936
291 60 PERMIT TECHNICIAN II 76,721.09 80,441.12 84,347.17 88,448.50 92,754.90 Sch=M24 6,393.42 6,703.43 7,028.93 7,370.71 7,729.58
1,475.41 1,546.94 1,622.06 1,700.93 1,783.75

36.88514 38.67362 40.55152 42.52332 44.59370
252 38 PLAN CHECK ENGINEER 122,565.32 128,577.57 134,890.42 141,518.94 148,478.88 Sch=M24 10,213.78 10,714.80 11,240.87 11,793.25 12,373.24 2,357.03 2,472.65 2,594.05 2,721.52 2,855.36

58.92563 61.81614 64.85116 68.03795 71.38408

EXHIBIT A
303
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
258 41 PLANNER, ASSISTANT 99,348.37 104,199.78 109,293.75 114,642.43 120,258.52 Sch=M24 8,279.03 8,683.32 9,107.81 9,553.54 10,021.54
1,910.55 2,003.84 2,101.80 2,204.66 2,312.66

47.76364 50.09605 52.54507 55.11655 57.81660
257 42 PLANNER, ASSOCIATE 114,642.43 120,258.52 126,155.43 132,347.19 138,848.53 Sch=M24 9,553.54 10,021.54 10,512.95 11,028.93 11,570.71 2,204.66 2,312.66 2,426.07 2,545.14 2,670.16

55.11655 57.81660 60.65165 63.62846 66.75410
261 22 PLANNER, SENIOR 120,258.55 126,155.45 132,347.21 138,848.55 145,674.96 Sch=M24 10,021.55 10,512.95 11,028.93 11,570.71 12,139.58 2,312.66 2,426.07 2,545.14 2,670.16 2,801.44

57.81661 60.65166 63.62847 66.75411 70.03604
231 43 POLICE CLERK 66,569.99 69,782.46 73,155.58 76,697.35 80,416.19 Sch=M24 5,547.50 5,815.21 6,096.30 6,391.45 6,701.35
1,280.19 1,341.97 1,406.84 1,474.95 1,546.47

32.00480 33.54926 35.17095 36.87373 38.66163
229 20 POLICE CLERK, 69,782.54 73,155.65 76,697.42 80,416.26 84,321.07 Sch=M24 SENIOR 5,815.21 6,096.30 6,391.45 6,701.36 7,026.76 1,341.97 1,406.84 1,474.95 1,546.47 1,621.56

33.54930 35.17099 36.87376 38.66166 40.53898
230 52 POLICE CLERK, 82,386.88 86,390.21 90,593.70 95,007.38 99,641.73 Sch=M24 SUPERVISING 6,865.57 7,199.18 7,549.48 7,917.28 8,303.48 1,584.36 1,661.35 1,742.19 1,827.07 1,916.19

39.60908 41.53375 43.55466 45.67663 47.90468
237 55 POLICE IDENTIFICATION 83,941.57 88,022.62 92,307.74 96,807.11 101,531.46 Sch=M24 TECHNICIAN 6,995.13 7,335.22 7,692.31 8,067.26 8,460.96 1,614.26 1,692.74 1,775.15 1,861.68 1,952.53

40.35652 42.31857 44.37872 46.54188 48.81320
215 36 PROPERTY AND EVIDENCE 70,824.73 74,249.94 77,846.44 81,622.74 85,587.87 Sch=M24 SPECIALIST 5,902.06 6,187.50 6,487.20 6,801.90 7,132.32 1,362.01 1,427.88 1,497.05 1,569.67 1,645.92

34.05035 35.69709 37.42617 39.24170 41.14801
236 54 PROPERTY AND EVIDENCE 80,054.86 83,941.59 88,022.64 92,307.76 96,807.13 Sch=M24 SPECIALIST, SUPERVISING 6,671.24 6,995.13 7,335.22 7,692.31 8,067.26 1,539.52 1,614.26 1,692.74 1,775.15 1,861.68

38.48791 40.35653 42.31858 44.37873 46.54189
235 44 PUBLIC SAFETY 82,386.88 86,390.21 90,593.70 95,007.38 99,641.73 Sch=M24 DISPATCHER 6,865.57 7,199.18 7,549.48 7,917.28 8,303.48 1,584.36 1,661.35 1,742.19 1,827.07 1,916.19

39.60908 41.53375 43.55466 45.67663 47.90468
245 31 PUBLIC SAFETY 86,390.17 90,593.66 95,007.33 99,641.69 104,507.76 Sch=M24 DISPATCHER, SENIOR 7,199.18 7,549.47 7,917.28 8,303.47 8,708.98 1,661.35 1,742.19 1,827.06 1,916.19 2,009.76

41.53374 43.55464 45.67660 47.90466 50.24412

EXHIBIT A
304
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
238 45 PUBLIC SAFETY 95,060.69 99,697.72 104,566.58 109,678.90 115,046.82 Sch=M24 DISPATCHER, SUPERVISING 7,921.72 8,308.14 8,713.88 9,139.91 9,587.24 1,828.09 1,917.26 2,010.90 2,109.21 2,212.44

45.70225 47.93160 50.27239 52.73024 55.31097
209 39 PURCHASING SPECIALIST, 86,517.46 90,843.33 95,385.50 100,154.77 105,162.51 Sch=M24 SUPERVISING* 7,209.79 7,570.28 7,948.79 8,346.23 8,763.54 1,663.80 1,746.99 1,834.34 1,926.05 2,022.36

41.59493 43.67468 45.85841 48.15133 50.55890
233 65 RECYCLING SPECIALIST 88,694.15 93,012.84 97,547.48 102,308.83 107,308.24 Sch=M24 7,391.18 7,751.07 8,128.96 8,525.74 8,942.35
1,705.66 1,788.71 1,875.91 1,967.48 2,063.62

42.64142 44.71771 46.89783 49.18694 51.59050
405 39 TRAFFIC SIGNAL 73,126.04 76,666.33 80,383.63 84,286.80 88,385.12 Sch=PS4 TECHNICIAN TRAINEE 6,093.84 6,388.86 6,698.64 7,023.90 7,365.43 1,406.27 1,474.35 1,545.84 1,620.90 1,699.71

35.15675 36.85881 38.64598 40.52250 42.49285
406 24 TRAFFIC SIGNAL 78,082.45 81,870.55 85,848.08 90,024.46 94,409.68 Sch=PS4 TECHNICIAN 6,506.87 6,822.55 7,154.01 7,502.04 7,867.47 1,501.59 1,574.43 1,650.92 1,731.24 1,815.57

37.53964 39.36084 41.27312 43.28099 45.38927
408 53 TRAFFIC SIGNAL 85,349.29 89,500.73 93,859.75 98,436.73 103,242.55 Sch=PS4 TECHNICIAN, SENIOR 7,112.44 7,458.39 7,821.65 8,203.06 8,603.55 1,641.33 1,721.17 1,805.00 1,893.01 1,985.43

41.03331 43.02920 45.12488 47.32535 49.63584
248 53 TRANSPORTATION 122,668.21 128,685.61 135,003.88 141,638.06 148,603.95 Sch=M24 ENGINEER, ASSOCIATE 10,222.35 10,723.80 11,250.32 11,803.17 12,383.66 2,359.00 2,474.72 2,596.23 2,723.81 2,857.77

58.97510 61.86808 64.90571 68.09522 71.44421
396 44 WASTEWATER COLLECTIONS 60,247.85 63,144.22 66,185.41 69,378.66 72,731.58 Sch=PS4 SYSTEMS TRAINEE 5,020.65 5,262.02 5,515.45 5,781.56 6,060.97 1,158.61 1,214.31 1,272.80 1,334.21 1,398.68

28.96531 30.35780 31.81991 33.35513 34.96711
397 45 WASTEWATER COLLECTIONS 69,594.68 72,996.87 76,569.18 80,320.10 84,258.56 Sch=PS4 SYSTEMS WORKER I 5,799.56 6,083.07 6,380.77 6,693.34 7,021.55 1,338.36 1,403.79 1,472.48 1,544.62 1,620.36

33.45898 35.09465 36.81211 38.61543 40.50892
398 46 WASTEWATER COLLECTIONS 76,388.79 80,130.69 84,059.69 88,185.13 92,516.85 Sch=PS4 SYSTEMS WORKER II 6,365.73 6,677.56 7,004.97 7,348.76 7,709.74 1,469.02 1,540.97 1,616.53 1,695.87 1,779.17

36.72538 38.52437 40.41331 42.39670 44.47925
399 47 WASTEWATER COLLECTIONS 83,900.11 88,017.58 92,340.92 96,880.43 101,646.90 Sch=PS4 SYSTEMS WORKER III 6,991.68 7,334.80 7,695.08 8,073.37 8,470.58 1,613.46 1,692.65 1,775.79 1,863.09 1,954.75

40.33659 42.31614 44.39467 46.57713 48.86870

EXHIBIT A
305
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
445 15 WATER DISTRIBUTION 64,302.75 67,401.88 70,655.96 74,072.74 77,660.37 Sch=PS4 OPERATOR TRAINEE 5,358.56 5,616.82 5,888.00 6,172.73 6,471.70 1,236.59 1,296.19 1,358.77 1,424.48 1,493.47

30.91478 32.40475 33.96921 35.61189 37.33672
446 32 WATER DISTRIBUTION 71,988.60 75,472.00 79,129.58 82,970.05 87,002.53 Sch=PS4 OPERATOR I 5,999.05 6,289.33 6,594.13 6,914.17 7,250.21 1,384.40 1,451.38 1,521.72 1,595.58 1,673.13

34.60990 36.28462 38.04307 39.88945 41.82814
447 33 WATER DISTRIBUTION 82,438.82 86,444.75 90,650.97 95,067.50 99,704.85 Sch=PS4 OPERATOR II 6,869.90 7,203.73 7,554.25 7,922.29 8,308.74 1,585.36 1,662.40 1,743.29 1,828.22 1,917.40

39.63405 41.55998 43.58220 45.70553 47.93502
448 34 WATER DISTRIBUTION 88,848.28 93,174.67 97,717.40 102,487.26 107,495.59 Sch=PS4 OPERATOR III 7,404.02 7,764.56 8,143.12 8,540.61 8,957.97 1,708.62 1,791.82 1,879.18 1,970.91 2,067.22

42.71552 44.79551 46.97952 49.27272 51.68057
470 05 WATER DISTRIBUTION 93,174.69 97,717.42 102,487.28 107,495.61 112,754.39 Sch=PS4 SENIOR OPERATOR 7,764.56 8,143.12 8,540.61 8,957.97 9,396.20 1,791.82 1,879.18 1,970.91 2,067.22 2,168.35

44.79552 46.97953 49.27273 51.68058 54.20884
469 06 WATER DISTRIBUTION 102,260.14 107,257.14 112,503.97 118,013.15 123,797.80 Sch=PS4 SUPERVISING OPERATOR 8,521.68 8,938.10 9,375.33 9,834.43 10,316.48 1,966.54 2,062.64 2,163.54 2,269.48 2,380.73

49.16353 51.56593 54.08845 56.73709 59.51817
456 37 WATER RESOURCES 96,076.78 100,803.07 105,765.69 110,976.43 116,447.72 Sch=PS4 COORDINATOR 8,006.40 8,400.26 8,813.81 9,248.04 9,703.98 1,847.63 1,938.52 2,033.96 2,134.16 2,239.38

46.19076 48.46301 50.84889 53.35405 55.98448
454 WATER RESOURCES 99,815.77 104,729.03 109,887.93 115,304.79 120,992.50 Sch=PS4 COORDINATOR - ELECTRICAL & 8,317.98 8,727.42 9,157.33 9,608.73 10,082.71 INSTRUMENTATION 1,919.53 2,014.02 2,113.23 2,217.40 2,326.78

47.98835 50.35050 52.83074 55.43500 58.16947
463 25 WR INSTRUMENT 90,803.82 95,266.47 99,952.26 104,872.33 110,038.40 Sch=PS4 CONTROL TECHNICIAN 7,566.99 7,938.87 8,329.36 8,739.36 9,169.87 1,746.23 1,832.05 1,922.16 2,016.78 2,116.12

43.65568 45.80119 48.05397 50.41939 52.90308
462 26 WR LABORATORY 86,768.80 91,029.71 95,503.66 100,201.29 105,133.82 Sch=PS4 TECHNICIAN 7,230.73 7,585.81 7,958.64 8,350.11 8,761.15 1,668.63 1,750.57 1,836.61 1,926.95 2,021.80

41.71577 43.76428 45.91522 48.17370 50.54511
458 27 WR MECHANIC I 81,088.31 85,103.86 89,320.19 93,747.33 98,395.83 Sch=PS4 6,757.36 7,091.99 7,443.35 7,812.28 8,199.65
1,559.39 1,636.61 1,717.70 1,802.83 1,892.23

38.98476 40.91532 42.94240 45.07083 47.30569

EXHIBIT A
306
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
459 28 WR MECHANIC II 91,455.39 95,989.29 100,749.89 105,748.52 110,997.08 Sch=PS4 7,621.28 7,999.11 8,395.82 8,812.38 9,249.76
1,758.76 1,845.95 1,937.50 2,033.63 2,134.56

43.96894 46.14870 48.43745 50.84063 53.36398
451 29 WR OPERATOR - GRADE I 81,895.01 85,873.73 90,051.41 94,437.95 99,043.82 Sch=PS4 6,824.58 7,156.14 7,504.28 7,869.83 8,253.65
1,574.90 1,651.42 1,731.76 1,816.11 1,904.69

39.37260 41.28545 43.29395 45.40286 47.61722
453 48 WR OPERATOR - GRADE II 85,863.06 90,040.19 94,426.19 99,031.47 103,867.03 Sch=PS4 7,155.26 7,503.35 7,868.85 8,252.62 8,655.59
1,651.21 1,731.54 1,815.89 1,904.45 1,997.44

41.28032 43.28855 45.39721 47.61128 49.93607
452 30 WR OPERATOR - GRADE III 92,663.41 97,180.57 101,923.58 106,903.74 112,132.90 Sch=PS4 7,721.95 8,098.38 8,493.63 8,908.65 9,344.41
1,781.99 1,868.86 1,960.07 2,055.84 2,156.40

44.54972 46.72143 49.00172 51.39603 53.91005
455 31 WR OPERATOR - TRAINEE 69,215.90 72,560.68 76,072.70 79,760.32 83,632.32 Sch=PS4 5,767.99 6,046.72 6,339.39 6,646.69 6,969.36
1,331.08 1,395.40 1,462.94 1,533.85 1,608.31

33.27688 34.88494 36.57341 38.34631 40.20785
457 49 WR SENIOR OPERATOR 97,194.51 101,938.23 106,919.11 112,149.05 117,640.49 Sch=PS4 8,099.54 8,494.85 8,909.93 9,345.75 9,803.37
1,869.13 1,960.35 2,056.14 2,156.71 2,262.32

46.72813 49.00876 51.40342 53.91781 56.55793
461 35 WR SOURCE CONTROL 91,164.82 95,645.53 100,350.26 105,290.23 110,477.21 Sch=PS4 INSPECTOR 7,597.07 7,970.46 8,362.52 8,774.19 9,206.43 1,753.17 1,839.34 1,929.81 2,024.81 2,124.56

43.82924 45.98343 48.24532 50.62030 53.11404
460 36 WR SOURCE CONTROL 85,835.21 90,010.96 94,395.49 98,999.24 103,833.18 Sch=PS4 TECHNICIAN 7,152.93 7,500.91 7,866.29 8,249.94 8,652.77 1,650.68 1,730.98 1,815.30 1,903.83 1,996.79

41.26693 43.27450 45.38245 47.59579 49.91980
464 50 WR SUPERVISING 106,674.96 111,892.68 117,371.29 123,123.84 129,164.01 Sch=PS4 OPERATOR 8,889.58 9,324.39 9,780.94 10,260.32 10,763.67 2,051.44 2,151.78 2,257.14 2,367.77 2,483.92

51.28604 53.79456 56.42850 59.19415 62.09808
952 51 YOUTH SERVICES CASE 85,414.84 89,569.56 93,932.04 98,512.62 103,322.24 Sch=M24 COORDINATOR 7,117.90 7,464.13 7,827.67 8,209.39 8,610.19 1,642.59 1,722.49 1,806.39 1,894.47 1,986.97

41.06483 43.06229 45.15963 47.36184 49.67415
*Added February 26, 2024

EXHIBIT A
307
Schedule = P14

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

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

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

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

CITY OF LIVERMORE

POLICE OFFICER'S ASSOCIATION
EFFECTIVE 01/01/2024

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

EXHIBIT A
308

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

CITY OF LIVERMORE

EXHIBIT A
309

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

CITY OF LIVERMORE
$10,170.15 - $12,712.69
217 Accounting Supervisor
232 Information Technology Coordinator
148 Management Analyst, Senior
133 Public Works Manager
270 Systems Administrator
468 Water Distribution Operations Manager
$10,062.21 - $12,577.76
272 Construction Inspection Manager
$10,016.28 - $12,520.35
128 Deputy City Attorney
295 Police Business Services Manager
293 Police Facility & Equipment Manager
$9,505.31 - $11,881.64
131 Assistant City Clerk
150 Management Analyst II
298 Police Media & Community Relations Analyst
126 Public Works Supervisor
$7,730.03 - $9,662.54
207 Deputy City Clerk
152 Management Analyst I
264 Supervising Librarian
466 Water Resources Communications Representative
*Airport Manager moved salary bands effective November 20, 2023

EXHIBIT A
310

CITY OF LIVERMORE

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

EXHIBIT A
311
Class
Code Classification
113 Assistant City Attorney, Senior (Confidential) $15,196.70 - $18,995.88 104 Assistant to the City Manager (Confidential) $12,465.09 - $15,581.36 122 Human Resources Manager (Confidential) $13,112.20 - $16,390.25 154 Human Resources Analyst, Senior (Confidential) $10,170.15 - $12,712.69 155 Human Resources Analyst II (Confidential) $9,505.31 - $11,881.64 156 Human Resources Analyst I (Confidential) $7,730.03 - $9,662.54 149 Management Analyst, Senior (Confidential) $10,170.15 - $12,712.69 151 Management Analyst II (Confidential) $9,505.31 - $11,881.64 153 Management Analyst I (Confidential) $7,730.03 - $9,662.54 127 Risk Manager (Confidential)* $11,480.26 - $14,350.33 *Moved from Management Group effective 09/11/2023

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

MANAGEMENT CONFIDENTIAL SALARY SCHEDULE

EXHIBIT A
312
Class
Code Classifications
216 Administrative Receptionist $5,120.02 - $6,400.02
203 Administrative Specialist I $5,926.26 - $7,407.83
227 Administrative Specialist II $6,665.14 - $8,331.43
200 Executive Assistant $8,532.40 - $10,665.50
226 Human Resources Clerk I $5,926.26 - $7,407.83
212 Human Resources Clerk II $6,519.55 - $8,149.44
219 Human Resources Technician $7,153.66 - $8,942.08
201 Law Office Supervisor $8,532.40 - $10,665.50
204 Legal Assistant $7,085.67 - $8,857.09
Monthly Salary Range

CITY OF LIVERMORE

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

EXHIBIT A
313
Class
Code Classification Monthly Salary Range
109 Administrative Services Director $16,435.43 - $20,544.29 103 Assistant City Manager $17,729.26 - $22,161.58
105 Community Development Director $16,435.43 - $20,544.29 106 Deputy City Manager $14,095.31 - $17,619.14
117 Deputy City Manager/City Clerk* $14,095.31 - $17,619.14 114 Innovation and Economic Development Director $16,435.43 - $20,544.29 121 Library Services Director $16,435.43 - $20,544.29
107 Police Chief** $20,332.79 - $25,415.99
111 Public Works Director $16,435.43 - $20,544.29
**Police Chief 5% Salary Adjustment effective 1/1/2024

CITY OF LIVERMORE

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

EXHIBIT A
314

CITY OF LIVERMORE

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

EXHIBIT A
315

CITY OF LIVERMORE

UNCLASSIFIED AND HOURLY SALARY SCHEDULE
Class
Code Classification Salary Range Effective Date
210 Department Assistant $16.00 - $26.00 Hourly 01/01/24 438 Field/Maintenance Aide $16.00 - $26.00 Hourly 01/01/24 240 Law Clerk $16.00 - $26.00 Hourly 01/01/24
915 Temporary Librarian $22.00 - $32.00 Hourly 01/01/24 916 Temporary Library Assistant $20.00 - $30.00 Hourly 01/01/24 917 Temporary Library Clerk $18.00 - $28.00 Hourly 01/01/24 920 Library Aide $16.00 - $20.00 Hourly 01/01/24
961 Police Cadet $16.00 - $26.00 Hourly 01/01/24
956 Special Projects Coordinator $20.00 - $100.00 Hourly 12/20/21

EXHIBIT A
316

CITY COUNCIL STAFF REPORT
ITEM NO. 5.8

DATE:

February 26, 2024
TO:

Honorable Mayor and City Council
FROM:

Judy Erlandson, Acting Public Works Director
SUBJECT:

Resolution authorizing execution of the first amendment to the Memorandum of Understanding with the Alameda County Department of Environmental Health for SB 1383 edible food recovery inspection services.

RECOMMENDED ACTION

Staff recommends that the City Council adopt a resolution authorizing execution of the first amendment to the Memorandum of Understanding with the Alameda County Department of Environmental Health for SB 1383 edible food recovery inspection services defining which Tier 1 and Tier 2 business will be inspected, specifying the cost of $348 per inspection, and extending the term to March 1, 2026.

SUMMARY
In May of 2022, the City Council approved a Memorandum of Understanding (MOU) to integrate edible food recovery compliance monitoring into the Alameda County Department of Environmental Health's (ACDEH) inspections of regulated Retail Food Facility entities on behalf of Alameda County jurisdictions.

The initial term of the MOU began March 1, 2022, and ends on March 1, 2024. By entering into an MOU with ACDEH, the City of Livermore designated ACDEH to conduct inspections related to edible food recovery requirements on its behalf. Compliance inspections started in 2022 for the estimated 30 Tier 1 edible food generators in the City. Compliance inspections for the estimated 50 Tier 2 generators will begin in 2024.

In 2022, the ACDEH inspected Tier 1 generators at no cost to the City of Livermore. Starting in 2023, the City of Livermore paid ACDEH for the inspection services at a flat rate of $348 per inspection. The amount spent on inspections in calendar year 2023 totaled $3,480. The amendment to the MOU defines which Tier 1 and Tier 2 businesses will be inspected and specifies that the cost per inspection remains at $348 per inspection for calendar year 2024 and part of 2025. It also extends the MOU term to March 1, 2026.

Staff recommends that the City Council authorize the City Manager to sign the amendment to the MOU with the ACDEH for SB 1383 edible food recovery inspection services. 317

DISCUSSION
In September 2016, Governor Brown signed into law SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, which established aggressive targets to achieve a reduction in the statewide disposal of organic waste beginning in 2022. SB 1383 directs CalRecycle to divert 75% of organics from landfill and recover 20% of edible food for human consumption by 2025.

Per SB 1383, jurisdictions must establish an inspection and enforcement program for Tier 1 and Tier 2 commercial edible food generators (e.g., grocery stores, wholesale food distributors, restaurants, and others) and food recovery organizations (e. g., food banks) to ensure that generators are recovering the maximum amount of edible food that would otherwise be disposed, and confirm that generators have agreements in place with food recovery organizations to recover the edible food.

The Alameda County Department of Environmental Health (ACDEH) is the local enforcement agency that oversees retail food programs in Alameda County. As such, ACDEH issues retail food facility permits and inspects commercial edible food generators as part of its regular duties.

In May of 2022, the City Council approved a Memorandum of Understanding (MOU) to integrate edible food recovery compliance monitoring into ACDEH’s inspections of regulated Retail Food Facility entities on behalf of Alameda County jurisdictions. The initial term of the MOU began March 1, 2022, and ends on March 1, 2024. By entering into an MOU with ACDEH, the City of Livermore designated ACDEH to conduct inspections related to edible food recovery requirements on its behalf. Compliance inspections started in 2022 for the estimated 30 Tier 1 edible food generators in the City. Compliance inspections for the estimated 50 Tier 2 generators will begin in 2024.

Subsequent enforcement actions are the responsibility of the City of Livermore.

Staff recommends that the City Council authorize the City Manager to sign the amendment to the MOU with the ACDEH for SB 1383 edible food recovery inspection services.

FISCAL AND ADMINISTRATIVE IMPACTS

The financial impact to the City is expected to be less than $5,000. Currently, funding is available in the recycling funds budget to implement and enforce SB 1383 edible food recovery services.

COMMUNITY PILLAR

3: Environmental Stewardship

GOAL

318
2: Solid Waste/Recycling

ATTACHMENTS

1. Resolution

2. Exhibit A - First Amendment to MOU

Prepared by: Anna Zamboanga
Recycling Specialist

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF THE FIRST AMENDMENT TO THE

MEMORANDUM OF UNDERSTANDING WITH THE ALAMEDA COUNTY
DEPARTMENT OF ENVIRONMENTAL HEALTH FOR SB 1383 EDIBLE FOOD RECOVERY INSPECTION SERVICES, SPECIFYING THE COST OF $348 PER INSPECTION, AND EXTENDING THE TERM TO MARCH 1, 2026
The Short-Lived Climate Pollutant Reduction Act of 2016 (“SB 1383”) establishes regulatory requirements for jurisdictions, generators, haulers, solid waste facilities, and other entities to achieve organic waste disposal reduction targets. Pursuant to SB 1383, jurisdictions must establish an inspection and enforcement program for certain commercial edible food generators to ensure those generators are recovering the maximum amount of edible food that would otherwise be disposed in landfills and ensure that those generators have agreements in place with food recovery organizations to recover edible food.

The Alameda County Department of Environmental Health (“ACDEH”) is the local enforcement agency that oversees retail food programs in Alameda County and conducts routine inspections of certain commercial edible food generators. On March 30, 2022, the City of Livermore (“City”) entered into a Memorandum of Understanding (“MOU”) with ACDEH authorizing it to perform certain edible food recovery compliance monitoring on behalf of the City. The MOU terminates on March 1, 2024, unless otherwise extended in writing.

The City desires to enter into a First Amendment to its MOU with ACDEH to: (1) extend the term of the MOU through March 1, 2026; (2) add definitions for Tier One and Tier Two commercial Edible Food Generators; (3) make certain revisions to requirements related to notices of violation and costs for inspections; and (4) confirm that the cost per inspection is currently $348.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it authorizes the City Manager, or her designee, to execute the First Amendment to the Memorandum of Understanding with the Alameda County Department of Environmental Health, attached hereto as Exhibit A, to: (1) extend the term through March 1, 2026; (2) add definitions for Tier One and Tier Two commercial Edible Food Generators; (3) make certain revisions to requirements related to notices of violation and costs for inspections; and (4) confirm that the cost per inspection is currently $348.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on February 26, 2024, by the following vote:
320
RESOLUTION NO. _________
AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Molly O’Toole
Deborah L. Elam Molly O’Toole
Acting City Clerk Deputy City Attorney
Exhibit A – First Amendment to Memorandum of Understanding with Alameda County Department of Environmental Health
321

Page 1 of 4 ends

First Amendment
Retail Food Facility
Memorandum of Understanding
SB 1383 Edible Food Recovery
City of Livermore
And
Alameda County Department of Environmental Health
Whereas, City of Livermore and ACDEH entered into a Retail Food Facility Memorandum of Understanding for SB 1383 Edible Food Recovery (the “MOU”) whereas ACDEH agreed to provide certain services to City of Livermore for certain Food Facilities and City of Livermore agreed to pay ACDEH for providing those services, starting in January 2023; and Whereas, the City of Livermore desires for ACDEH to continue to conduct inspections on their behalf at certain permitted Retail Food Facilities related to edible food recovery requirements as set forth in this agreement and ACDEH is willing to continue to conduct those inspections; Now therefore the City of Livermore and ACDEH hereby amended the MOU as follows:

I. Section A, Definitions, is amended by adding the following definitions:

Tier One Commercial Edible Food Generator or Tier One means a commercial edible food generator that is one of the following (14 CCR 18982 (73)):
(A) Supermarket.
(B) Grocery store with a total facility size equal to or greater than 10,000 square feet.
(C) Food service provider
(D) Food distributor.
(E) Wholesale food vendor.

Tier Two Commercial Edible Food Generator or Tier Two means a commercial edible food generator that is one of the following (14 CCR 18982 (74)):
(A) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(B) Hotel with an on-site food facility and 200 or more rooms. (C) Health facility with an on-site food facility and 100 or more beds. (D) Large venue.
(E) Large event.
(F) A state agency with a cafeteria with 250 or more seats or a total cafeteria facility size equal to or greater than 5,000 square feet. (G) A local education agency with an on-site food facility.

EXHIBIT A
322

Page 2 of 4 ends

II. Section E, Enforcement Assistance to Member Agency, is revised by deleting Paragraph 4, Notices of Violation, and replacing it with the following:

Notices of Violation. Starting in January 2024, ACDEH, during its inspections, will identify in the inspection report violations by checking the box marked “NOV” signifying Notices of Violations for a Permitted CEFG, pursuant to Section 18995.4 (a)(1). a. ACDEH shall conduct a follow up with the Permitted CEFG to verify compliance required by the Notice of Violation. The follow up may be conducted in person or virtually, through submission of pictures, documentation or other materials or methods.
b. ACDEH shall document compliance with the NOV or report that there has been failure to comply in a Follow Up report (identified on the report type as “FU”) and provide relevant documentation to the City of Livermore and WMA but is not responsible for any further enforcement actions.
c. The efforts and time spent by ACDEH on the items in this section, Notices of Violation, is included in the inspection flat rate up to the issuance of the Follow Up report. If the Follow Up report continues to identify a violation, such as checking the box marked NOV, it is the responsibility of City of Livermore for any enforcement actions.
d. Any requests for ACDEH to support or assist with enforcement after the Follow Up Report is issued are at the discretion of ACDEH and all costs are the responsibility of City of Livermore, including ACDEH hourly rate for any support or assistance provided.

III. Section H, Cost, is deleted and replaced with the following:

1. Inspections.
a. Inventory. Attached hereto as Exhibit A is an inventory list, as of January 2023, for Permitted Tier One Commercial Edible Food Generators in City of Livermore (the “Inventory”). The Inventory is subject to change based on the addition of new facilities, closure of facilities and changed operations of facilities and will be updated in the fourth quarter of 2023 to include Permitted Tier Two Commercial Edible Food Generators in City of Livermore and may request an updated inventory list from time to time and ACDEH shall provide one within thirty (30) days of any written request.

EXHIBIT A
323

Page 3 of 4 ends

b. Flat Rate. City of Livermore shall pay to ACDEH a flat rate of $348.00 for each SB1383 inspection of a Permitted CEFG. The flat rate is based on the ACDEH hourly rate of $174.00, as approved by the Alameda County Board of Supervisors, multiplied by two hours, the average time spent in 2022 on each SB1383 CEFG inspection, technical assistance and consultation and the related administrative work such as uploading inspections results and providing report copies to the Member Agency and WMA. The hourly rate may change as approved by the County of Alameda Board of Supervisors at a public meeting. The flat rate may change if the average time spend at each facility increase or decreases. Member Agencies will be notified if the approved hourly rate or flat rate is changed, with Member Agencies having an opportunity to terminate this MOU if they no longer wish for ACDEH to perform the services in the MOU.
c. Invoicing and Payment. ACDEH will invoice each Member Agency for the inspection(s) completed during a specific period. It is anticipated that invoicing will be sent approximately every three months. d. Estimated Annual Costs . Typically, for purposes of efficiency, an SB 1383 inspection is conducted once a year at the time of a Tier One Permitted CEFGs routine food facility inspection, when possible. A Member Agency may estimate annual cost by multiplying the flat rate of $348.00 for each of the facilities identified on the Inventory. This estimate is subject to change based the number of actual inspections, changes to the current flat rate or any increase or decrease in facilities. No later than December 15 each year City of Livermore shall inform ACDEH if it wishes ACDEH to inspect only a subset of the Permitted CEFGs listed in the Inventory in the following calendar year, and if so, the criteria to be used to select facilities for inspection.
e. Enforcement. Enforcement Assistance to Member Agency (see MOU Section E, as revised above) performed by ACDEH is NOT included in the inspection flat rate. Enforcement Assistance, if requested by City of Livermore and agreed to by ACDEH, shall be charged at the ACDEH hourly rate, as identified above.

EXHIBIT A
324

Page 4 of 4 ends

IV. Section I, General, paragraph 1 is amended by extending the end date of the MOU for two years, from March 1, 2024 to March 1, 2026, unless extended in writing or terminated early.

V. Except as expressly modified by this First Amendment, all of the terms and conditions of the MOU are and remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this MOU on the dates appearing below their respective signatures.

City of Livermore
By: ______________________________ Date: ____________________________ Name: ____Marianna Marysheva______
Title: _____City Manager____________
Approved as to Form:

By:_____________________________________
Molly O’Toole, Deputy City Attorney
>D
KhEdz
WZdD
EdK&
Es/ZKED
Ed>,
>d,
By: ______________________________ Date: ____________________________ Name: _Ronald Browder_____________
Title: __Director ____________________
Approved as to Form:

Donna R Ziegler, County Counsel
By:_____________________________________
Kathleen Pacheco, Senior Deputy County Counsel
1702058.2

EXHIBIT A
325

FACILITY ID FACILITY NAME SITE ADDRESS CITY
FA0005540 COSTCO WHOLESALE #146 2800 INDEPENDENCE DR LIVERMORE FA0303575 LIVERMORE GROCERY OUTLET 1320 RAILROAD AVE LIVERMORE FA0006715 LUCKY #721 2000 PORTOLA AVE LIVERMORE
FA0004631 LUCKY #722 1951 HOLMES ST LIVERMORE
FA0005070 NOB HILL #631 919 E STANLEY BLVD LIVERMORE
FA0005547 SAFEWAY #1257 4495 FIRST ST LIVERMORE
FA0004857 SAFEWAY #910 1554 FIRST ST LIVERMORE
FA0005510 TARGET STORE #T-0828 4300 LAS POSITAS RD LIVERMORE FA0308054 TRADER JOE'S #208 1122 E STANLEY BLVD A LIVERMORE FA0006912 WALMART #1972 2700 LAS POSITAS RD LIVERMORE
ATTACHMENT "A" CITY OF LIVERMORE TIER 1 FACILITIES
7/7/2023 1:14:57 PM
&,7<2)/,9(5025(7,(5)$&,/,7,(6

EXHIBIT A

EXHIBIT A 326
CITY OF LIVERMORE TIER 2 FACILITIES
CITY OF LIVERMORE TIER 2
CATTLEMEN'S RESTAURANT 2882 KITTY HAWK RD
BEEB'S SPORTS BAR & GRILL 915 CLUB HOUSE DR
ZEPHYR GRILL & BAR 1736 FIRST ST
FIRST STREET ALEHOUSE 2106 FIRST ST
BUFFALO WILD WINGS 1790 N FIRST ST
CHILI'S GRILL & BAR #712 4261 FIRST ST
PBOS INDIAN BISTRO AND BAR 2417 FIRST ST
MELO'S PIZZA PASTA, LIVERMORE 4433 FIRST ST
BRUNO'S ITALIAN CUISINE 2133 FIRST ST
GARRE CAFE 7986 TESLA RD
WENTE VINEYARDS 5050 ARROYO RD
STANFORD HEALTHCARE – VALLEYCARE
LIVERMORE 1111 E STANLEY BLVD

THE VINEYARDS HEALTHCARE/KENDRED
HEALTHCARE OPER INC 76 FENTON ST

12.19.2023

EXHIBIT A

EXHIBIT A
327

CITY COUNCIL STAFF REPORT
ITEM NO. 5.9

DATE:

February 26, 2024
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution authorizing approval of the Governments of Livermore Financing Authority (GOLFA) Termination Agreement.

RECOMMENDED ACTION

Staff recommends that the City Council adopt the resolution authorizing the approval of the Governments of Livermore Financing Authority (GOLFA) Termination Agreement.

SUMMARY
In 1989, the City of Livermore (the City) and the Livermore Area Recreation and Park District (LARPD) entered into a Joint Exercise of Authority Agreement (JPA Agreement) that created GOLFA to acquire, construct, and equip property to be used as a maintenance service center by the City and LARPD and improvements to Robertson Park Road. The maintenance service center was financed through lease financing that was accomplished through agreements and leases between the City, LARPD, GOLFA, and other entities. In 2011, the City and LARPD fully met GOLFA’s lease financing repayment obligations. GOLFA has not been used for any other purpose and can be dissolved. The proposed Termination Agreement dissolves GOLFA.

DISCUSSION
In 1989, the City and LARPD created GOLFA through the JPA Agreement (Exhibit A to the Termination Agreement) as a mechanism for financing the improvements to the Livermore Maintenance Service Center and Robertson Park Road. The City and LARPD made payments to GOLFA through a lease between GOLFA and the City and a sublease between the City and LARPD based on a pro rata share of the improvements that, in turn, were used to repay the bonds issued through the lease financing. The City and District own the improvements as tenants in common with the City having 62% interest and LARDP having 38% interest. Exhibit B to the Termination Agreement is the Joint Use Agreement (Joint Use Agreement) for the Livermore Maintenance Service Center that outlines uses and respective responsibilities for the Livermore Maintenance Service Center. The Joint Use Agreement terminates in 2091.

328
In 1997, GOLFA was removed as a party to the lease financing and replaced by the Livermore Capital Projects Financing Authority as part of a bond refinancing that included other City projects. LARPD continued to pay their pro rata share of the debt service for the improvements to the Livermore Maintenance Service Center and Robertson Park Road through a sublease with the City. The bonds were fully repaid in 2011 and a Certificate of Termination of the various leases related to the financing was filed with the Alameda County Recorder’s Office, a copy of which is attached as Exhibit C to the Termination Agreement. The City and LARPD have not used GOLFA since 1997 and do not foresee the need to do so in the future. As such City and LARPD staff propose to terminate GOLFA through the Governments of Livermore Financing Authority Termination Agreement (Exhibit A to the resolution).

FISCAL AND ADMINISTRATIVE IMPACTS

There are no fiscal implications associated with the recommended action.

COMMUNITY PILLAR

5: A City that Works

GOAL

17: Ensure Effective use of Public Resources.

ATTACHMENTS

1. Resolution

2. Exhibit A - Termination Agreement

Prepared by: Tina Olson
Administrative Services Director

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
329
RESOLUTION NO.

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE GOVERNMENTS OF

LIVERMORE FINANCING AUTHORITY TERMINATION AGREEMENT
On January 9, 1989, the City of Livermore (the “City”) and the Livermore Area Recreation and Park District (“LARPD”) executed a Joint Exercise of Powers Agreement (“JPA Agreement”) to form the Governments of Livermore Financing Authority (“GOLFA”) to acquire, construct, and equip property to be used as a maintenance service center by the City and LARPD and improvements to Robertson Park Road. GOLFA issued lease backed bonds to fund those improvements.

The City and LARPD made payments to GOLFA through a lease between GOLFA and the City and a sublease between the City and LARPD based on a pro rata share of the improvements that, in turn, were used to repay the bonds issued through the lease financing.

The City and District own the improvements as tenants in common with the City having 62% interest and LARPD having 38% interest. The City and LARPD entered into a Joint Use Agreement for the Livermore Maintenance Service Center that outlines uses and respective responsibilities for the Livermore Maintenance Service Center. The Joint Use Agreement terminates in 2091.

In 1997 GOLFA was removed as a party to the lease financing and replaced by the Livermore Capital Projects Financing Authority as part of a bond refinancing that included other City projects. LARPD continued to pay their pro rata share of the debt service for the improvements to the Livermore Maintenance Service Center and Robertson Park Road through a sublease with the City.

The bonds were fully repaid in 2011 and a Certificate of Termination of the various leases related to the financing was filed with the Alameda County Recorder’s Office.

The City and LARPD have not used GOLFA since 1997 and do not foresee the need to do so in the future. As such, City and LARPD are terminating GOLFA through the Governments of Livermore Financing Authority Termination Agreement NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby determines that there are no surplus monies on hand and no property acquired as a result of the JPA Agreement that needs disposition, division, or distribution, and hereby authorizes the City Manager to execute, on behalf of the City of Livermore, the Termination Agreement, attached hereto as Exhibit A with LARPD to terminate the JPA Agreement and dissolve the GOLFA.

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on February 26, 2024, by the following vote:
330
RESOLUTION NO.

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
/s/ Jason Alcala __________
Deborah L. Elam Jason Alcala
Acting City Clerk City Attorney
Exhibit A –Termination Agreement - Governments of Livermore Financing Authority 331

TERMINATION AGREEMENT

GOVERNMENTS OF LIVERMORE FINANCING AUTHORITY
THIS TERMINATION AGREEMENT (the “Termination Agreement”) executed and entered into as of __________, 2024, is by and between the City of Livermore, a municipal corporation organized and existing under the laws of the State of California (the “City”), and the Livermore Area Recreation and Park District, a special district organized and existing under the laws of the State of California (the “District”).

RECITALS
On December 14, 1988, the District adopted Resolution No. 1171 authorizing the execution of a joint powers agreement with the City to form the Governments of Livermore Financing Authority (“Authority”).

On January 9, 1989, the City adopted Resolution No. 14-89 authorizing the execution of a joint powers agreement with the District to form the Authority.

On January 9, 1989, a Joint Exercise of Powers Agreement (“JPA Agreement”) between the City and the District was executed to form the Authority. A copy of the Agreement is attached hereto as Exhibit A.

The Authority was formed for the purpose of acquiring, constructing, and equipping of property to be used for a maintenance service center (“Project”) by the City and District. The Project was then financed and constructed through lease financing.

The lease financing was accomplished through a series of agreements and leases executed by the City, District, Authority, and various other entities. In 1997, the Authority was removed as a party to the lease financing and replaced by the Livermore Capital Projects Financing Authority as part of a bond refinancing that included other City projects. The Project became a City project with a sublease to the District in the same form as the previous sublease agreement between the City and District that required the District to make payments to the City that the City used to pay the debt service on the lease financing.

Section 7.01 of the JPA Agreement states that it shall remain in full force and effect so long as the bonds of the Authority are outstanding or any lease agreements are outstanding between Authority members.

On June 29, 2011, the obligations of the lease financing having been discharged in full, a Certificate of Termination of the various leases for the Project’s lease financing was filed with the Alameda County Recorder’s Office, Recording No. 2011183959. A copy of the Certificate of Termination is attached hereto as Exhibit B.

Section 7.02 of the JPA Agreement states that upon termination, all property of the authority, both real and personal, shall be divided among the Authority members.

EXHIBIT A
332
The Project is currently located and in operation at 3500 Robertson Park Road, Livermore, California 94550 (the Property) that is owned by the City. Through the Joint Use Agreement the City and District own the improvements to the Property - buildings, utilities, landscaping, fences gates, trash disposal, fuel dispensing system, parking area, driveways and any other structures on the property – as tenants in common with the City having 62% interest and the District having 38% interest. The City and District entered into a 99-year Joint Use Agreement for the Project (Joint Use Agreement) on October 19, 1992 that outlined obligations and uses of the project attached hereto as Exhibit C.

The Authority has not been used for any other purpose and has been essentially inactive since 1997. The Authority has served its purpose and is no longer a party to any lease financing for the Project or for any other financing, the City and District hereby desire to enter into this Termination Agreement to terminate the JPA Agreement pursuant to Government Code section 6510 and thereby dissolve the Authority.

The City and District hereby acknowledge that the Authority is not in possession of any property subject to disposition, division, or distribution, and the joint use agreement, as it may be amended from time-to-time, reflects their agreement on the disposition of the Project. Likewise, the City and District hereby acknowledge that the Authority is not in possession of any money for return.

NOW, THEREFORE, for valuable consideration the receipt and sufficiency of which is hereby acknowledged, the City and District hereby agree that the aforementioned recitals are true and correct and further agree as follows:

1. Termination. Pursuant to Government Code section 6510, the C ity and the
District hereby agree that the JPA Agreement shall terminate, all obligations of the City and District under the JPA Agreement shall cease, and all rights and powers of the Authority under the JPA Agreement shall cease, as of the date this Termination Agreement is signed by both parties. By virtue of the termination of the JPA Agreement, the Authority is dissolved as of that same date.

2. The Authority Has No Assets,
Property, or Money. The City and the District
agree that the Authority has no assets, property, or money to be disposed of, divided, distributed, or returned.

3. Binding Effect. This Termination Agreement shall inure to the benefit of and shall be binding upon the City, the District, and their respective successors and assigns.

4. Construction of Language . T he term s and conditions in this Termination Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Termination Agreement with legal counsel. Any ambiguity in this Termination Agreement will not be resolved against either party as the drafting party.

5. Severability. If
a court of competent jurisdiction determines a provision in this

EXHIBIT A
333
Termination Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired in any way.

6. C
ounterparts. This Termination 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.

However, failure to deliver the original documents does not affect the enforceability of this Agreement.
******************
****************************************************
******************************
Signatures and Attachment List on the Next Page

EXHIBIT A
334
Dated: CITY OF LIVERMORE
___
_________________________
Marianna Marysheva
City Manager
APPR
OVED AS TO FORM:
___
___________________
City Attorney
D
ated: LIVERMORE AREA RECREATION AND PARK
DISTRICT:
___
________________________
By: Mathew Fuzie
Title: General Manager
APPR
OVED AS TO FORM:
___
___________________
General Counsel
A
ttachments:

Exhibit A – JPA Agreement
Exhibit B – Joint Use Agreement, Livermore Maintenance Service Center Exhibit C – Certificate of Termination

EXHIBIT A
335
Exhibit A

EXHIBIT A
336
Exhibit A

EXHIBIT A
337
Exhibit A

EXHIBIT A
338
Exhibit A

EXHIBIT A
339
Exhibit A

EXHIBIT A
340
Exhibit A

EXHIBIT A
341
Exhibit A

EXHIBIT A
342
Exhibit A

EXHIBIT A
343
Exhibit A

EXHIBIT A
344
Exhibit A

EXHIBIT A
345
Exhibit A

EXHIBIT A
346
Exhibit A

EXHIBIT A
347
Exhibit A

EXHIBIT A
348
Exhibit A

EXHIBIT A
349
Exhibit A

EXHIBIT A
350
Exhibit A

EXHIBIT A
351
Exhibit A

EXHIBIT A
352
Exhibit A

EXHIBIT A
353
Exhibit A

EXHIBIT A
354
Exhibit A

EXHIBIT A
355
Exhibit A

EXHIBIT A
356
Exhibit B

EXHIBIT A
357
Exhibit B

EXHIBIT A
358
Exhibit B

EXHIBIT A
359
Exhibit B

EXHIBIT A
360
Exhibit B

EXHIBIT A
361
Exhibit B

EXHIBIT A
362
Exhibit B

EXHIBIT A
363
Exhibit B

EXHIBIT A
364
Exhibit B

EXHIBIT A
365
Exhibit B

EXHIBIT A
366
Exhibit B

EXHIBIT A
367
lCOFRDING REQUESTS® SY

AND MAIL TO
m 1- 38 67 Of 444
2011183959 @61291201108:30Aft
TO BE RECORDED AND WHEN RECORDED ° ' OFFICIALRECORDSOFALAMEDACOUNTY RETURN TO: PATRICK 0 CONNELL 0. 00
Jones Hall, A Professional Law Corporation °+ cop "*
RECORDING FEE:
u
650 California Street, 18th Floor Q
San Francisco, California 94108
3 f'
10 PGS
Attention: William Madison, Esq. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII - -= ib

THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX UNDER SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. THIS DOCUMENT IS EXEMPT FROM RECORDING FEES UNDER SECTION 27383 OF THE CALIFORNIA GOVERNMENT CODE.

CERTIFICATE OF TERMINATION
This CERTIFICATE OF TERMINATION ( this " Certificate "), dated as of June 1, 2011, is executed and delivered by the City of Livermore, a municipal corporation duly organized and existing under the laws of the State of California ( the " City "), the Governments of Livermore Financing Authority, a joint exercise of powers agency duly organized and existing under the laws of the State of California ( the " Authority "), the Livermore Area Recreation and Park District, a recreation and park district duly organized and existing under the laws of the State of California ( the " District'), and Zions First National Bank ( the ' Bank ").

BACKGROUND:

1. The City and the Authority previously entered into a Site Lease, dated as of September 1, 1989, by and between the City, as lessor, and the Authority, as lessee (the " 1989 Site Lease "), which was recorded on September 27, 1989, as Instrument No. 89264594 in the Official Records of Alameda County, with respect to certain real property which is more particularly described in Appendix A attached hereto and by this referenceincorporated herein the " Property ").

2. The District and the Authority previously entered into a Lease Agreement, dated as of September 1, 1989, by and between the Authority, as lessor, and the District, as lessee '(the 1989 Lease "), which was recorded on September 27, 1989, as Instrument No. 89264595 in the Official Records of Alameda County, with respect to the Property.

3. The City and the Authority previously amended and restated the 1989 Site Lease by entering into the Amended and Restated Site Lease, dated as of April 1, 1998, by and between the City, as lessor, and the Authority, as lessee (the " 1998 Site Lease "), which was recorded on April 13, 1998, as instrument No. 98121813 in the Official Records of Alameda County, with respect to the Property.
4, The District and the Authority previously amended and restated the 1989 Lease by entering into the Amended and Restated Lease Agreement, dated as of April 1, 1998, by and between the Authority, as lessor, and the District, as lessee (the " 1998 Lease "), a memorandum of which was recorded on April 13, 1998, as instrument No. 98121814 in the Official Records of Alameda County, with respect to the Property.

Exhibit C

EXHIBIT A
368

5.. The 1989 Site Lease, the 1989 Lease, the 1998 Site Lease and the 1998 Lease are referred to herein together as the " Leases."

6. Pursuant to an Assignment Agreement, dated as of April 1, 1998, by and between the Authority and the Bank, recorded concurrently with the 1998Lease, the Authority agreed to assignandtransferto theBankcertainof theAuthority'srightsunderthe1998Lease.

7. All obligations under the Leases have been discharged in full.

CERTIFICATION:

Now, therefore, eachof the City, the Authority, the District and the Bank represents, warrants and certifies as follows:

SECTION 1. Termination of Leases.
a) Eachof the City and the Authority hereby represents, warrants and certifiesthat the 1989 Site Lease and 1998 Site Lease have been terminated and discharged in accordance with their terms and are of no force and effect. The City and the Authority hereby terminate both the 1989 Site Lease and the 1998 Site Lease from the record. b) Eachof the District and the Authority hereby represents, warrants and certifies. that the 1989 Lease has been terminated and discharged in accordance with its terms and is of no force and effect. The District and the Authority hereby terminate the 1989Leasefrom the record.
c) Each of the District, the Authority and the Bank hereby represents, warrants and certifies that the 1998 Lease has been terminated and discharged in accordance with its terms and is of no forceand effect. TheDistrict, the Authority and theBankherebyterminate the 1998 Lease from the record.

SECTION 2. Applicable Law. This Certificate shall be governed by and construed in accordance with the laws of the State of California.

IN WITNESSWHEREOF, eachof the City, the Authority, the District and the Bank has caused this Certificate to be executed and delivered by its duly authorized officers, all as of the date first above written.

Attest:

By: Ozo" j
Susan Neer
City Clerk
2-

CITY OF LIVERMORE
By:

T y Brown
Ass t City Manger
Exhibit C

EXHIBIT A
369
Signature. page 1 to Certificate of Termination]
Attest
Susan Neer
City Clerk
3-

GOVERNMENTS OF LIVERMORE

FINANCING AUTHORITY
BY
14olly Brock -Cohn
Director of Administrative Service
City Treasurer
Exhibit C

EXHIBIT A
370
Signature page 2 to Certificate of Termination]
Attest )
1/ S
A d r, ' s4vc i-' ve / 4ss is u-{
4-

LIVERMORE AREA RECREATION AND

PARK DISTRICT
irry
Exhibit C

EXHIBIT A
371
Signature page 3 to Certificate of Termination]

ZIONS FIRST NATIONAL BANK
By
Jon Bennett Armstrong
Vice President
5-
Exhibit C

EXHIBIT A
372
I• •
i •
4111 ' ?
aC caS, s z,.•. a c, T As, >, f..•.. paSA' aa,. aS,... sa. a,. z G.. S.> s State of California
Countyof G-Qoyri .&&_
On before me,7- h o.
f
N c- e. p li C
Date Here Insert Name and Title ` of' the Officer
personally appeared
Na ( s) of Signer( s)
RMMMA A. MATNEWS
Can # t 1816775
air Mary pok - u tom
AIV MdaCounty
M Comm. ExTresOct25, 2012
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/,are subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in authorized
capacity( ies), and that by his hw /their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature
Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Description of Attached Document ' \
Title or Type of Document: LAJ' 1rit f 4 ^" 4.• fvU. vu.

Document Date: Number of Pages:

Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name:

Individual
Signer' s Name:

Individual .

Corporate Officer — Title( s): Corporate Officer — Title( s):

Partner — Limited General Partner — Limited General Attorney in Fact Attorney in Fact
Trustee Top of thumb here Trustee
Top of thumb here
Guardian or Conservator Guardian or Conservator
Other: Other:

Signer Is Representing: Signer Is Representing:
02007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313 - 2402 • www. NationalNotary. org Item # 5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 Exhibit C

EXHIBIT A
373

ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of / V%^ _ e_
SS.
before me, G r C key a W1 w^ . e
Np ar V
vv D'/ J % I r r y , who proved to me n the
On ') L a D 1)
DATE
personally appeared T j
basisof satisfactory evidenceto be the person(+4whose name(4 is /ate subscribedto the within instrument andacknowledged to me that he /&hQ4h -ey- executedthe
same in his /hogtheir- ftuthorized capacity(, and that
by his /hw44r ignature( s4 -on the instrument the
person(} or the entity upon behalf of which the
person(&} acted, executed the instrument.

GRETCHENH. SOMMERS
COMM. # 1775908 to

N NOTARYPUBLIC -CALIFORNIA

ALAMEOACOUNTY
MYComm. UP. OCT. 25, 2011

PLACE NOTARY SEAL IN ABOVE SPACE
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and o

NOTARY' S SIGNATURE

OPTIONAL INFORMATION
The information below is optional. However, it may prove valuableandcould preventfraudulent attachment of this form to an unauthorized document.

CAPACITY CLAIMED BY SIGNER ( PRINCIPAL)

INDIVIDUAL

CORPORATE OFFICER

PARTNER( S)

TITLE( S)

ATTORNEY - IN - FACT

TRUSTEE( S)

GUARDIAN / CONSERVATOR
OTHER: , f ` Q1 CL
SIGNER ( PRINCIPAL) IS REPRESENTING:

NAME OF PERSON( S) OR ENTITY( IES)

DESCRIPTION OF ATTACHED DOCUMENT
Cw Kn-cQ- b. o -c-

TITLE OR TYPE OF DOCUMENT
6—

NUMBER OF PAGES
6 - 1 — I)

DATE OF DOCUMENT
r, T 4 oC- L jVe roj e. Lt) fZ_P D
21x0, 4
OTHEY-
RIGHT
THUMBPRINT g
OF
SIGNER o
0F
APA01 / 2008 NOTARY BONDS, SUPPLIES AND FORMS AT HTTP : / / WWW. VALLEY- SIERRA. COM © 2005 - 2008 VALLEY - SIERRA INSURANCE Exhibit C

EXHIBIT A
374

STATE OF CALIFORNIA )
ss

ALAMEDA COUNTY )
On June , 2011, before me Notary Public, personally appeare tv1SWA9, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument.

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

KALI J. SNOWDEN
WITNESS my hand and official seal. COMM. # 1921577 c-
Q NOTARY PUBLIC • CALIFORNIA

AIAMEDACDUNTY
1 My Comm Expires Jan. 13, 2015
Signatur ( Seal)
Exhibit C

EXHIBIT A
375

APPENDIX A

DESCRIPTION OF THE PROPERTY
The land referred to herein is situated in the State of California, County of Alameda, City of Livermore, and described as follows:

PARCEL ONE:

A portion of that parcel of land as described in the deed to John Pestana and Germaine Pestana, recorded January 31, 1968, in Reel 2118 at Image 72 of Official Records, Alameda County, California, being also a portion of Plot " J" as said Plot is shown on the " Map of the Rancho Las Positas ", recorded July 16, 1873, in Book 95 of Deeds, at page 205, in the Office of the County Recorder of Alameda County, described as follows:

Commencing at the intersection of the eastern line of Plot No. 1, subdivision " J ", Rancho Las Positas, said easternline being parallel with the easternline of Lot 6 in Block A and the direct extensions northerly and southerly thereof, as said Lot and Block are shown on the Map of " Tract 1984" etc., filed February 19, 1959, in Book 39 of Maps at page 51, in the Office of the County Recorder of Alameda County, and distant 20.50 feet easterly thereof, measured at right angles thereto with the northern line or East Avenue, 66 feet in width, and running thence along the northern line of East Ave., said line being also the southern line of that parcel of land described in the deed to the City of Livermore, recorded April 1, 1969, in Reel 2374 at Image 16 of Official Records of Alameda County, S 890 38' 20" E, 630. 00 feet to the southeastern corner of that parcel of land described in said City of Livermore deed and the actual point of beginning; thence continuing along the said northern line of East Avenue S 89° 38' 20" E 260 feet to the southeastern corner of that parcel of land described in said Pestana deed; thence northerly and westerly along the eastern and northern lines of that parcel of land described in said deed N 0° 21' 40" E 1508 feet and N 89° 38' 20" W 260 feet to the northeastern corner of that parcel of land described in said City of Livermore deed; thence S 0° 21' 40" W along the eastern line or that parcel of land described in said City of Livermore deed 1508 feet to the point of beginning.

Excepting from Parcels Five -A and Five -B an undivided fifty per cent ( 50 %) interest to all gas, oil, or other mineral deposits situate and lying at a depth of 500feet and more below the surface of the property herein described. There is hereby expressly excluded from said reservation any and all access to said gas, oil, or other mineral deposits through the surface of the property conveyed hereby or any point above500 feet below said surface, so that any and all access to said gas, oil, or other mineral deposits must and can be had only from a pint or points beyond the surface of the property conveyed and at least 500 feet below said surface of said property, as reserved in the Deed from Kate C. Haselhorst, recorded January 31, 1969, Reel 2118, Image 72, Official Records.

IW- 11tie hIMWMI
A portion of Plot " J ", as said Plot is shown on the " Map of the Rancho Las Positas ", recorded July 16, 1873 in Book 95 of Deeds, at page 205, in the Office of the County Recorder of Alameda County, described as follows:

Beginning at the intersection of the Eastern line of plot No. 1, Subdivision " J ", Rancho A - 1
Exhibit C

EXHIBIT A
376
Las Positas, said eastern line being parallel with the eastern line of Lot 6 in Block B and the direct extensions northerly and southerly thereof, as said Lot and Block are shown on the map of " Tract 1984 ", etc., filed February 19, 1959, in Book 39 of Maps, at page 51, in the Office of the County Recorder of Alameda County, and distant 20. 50feet easterly thereof, measured at right angles thereto, with the northern line of East Avenue, 66 feet wide and running thence along the last named line South 89° 38' 20" East 630.00 feet; thence North 0° 21' 40" East 1508 feet to the southern line bf the parcel of land conveyed to Livermore School District of Alameda County, State of California, a public corporation, by deed dated June 29, 1960, and recorded December 30, 1960, on Reel 235, Image 822 (AR/ 153714) of Official Records of Alameda County, thence along said line North 89° 38' 20" West 632. 49 feet, more or less, to said east line of Plot No. 1; thence along the last named line South 0° 16' 00" West 1508 feet to the point of beginning.

APN: 099A- 1400 - 002 - 06
End of Legal Description)
A - 2
Exhibit C

EXHIBIT A
377

CITY COUNCIL STAFF REPORT
ITEM NO. 6.1

DATE:

February 26, 2024
TO:

Honorable Mayor and City Council
FROM:

Jeramy Young, Police Chief
SUBJECT:

Hearing to introduce an ordinance amending Livermore Municipal Code (LMC) Chapter

5.50 Tobacco Retailer Licensing.

RECOMMENDED ACTION

Staff recommends City Council
introduce an ordinance
amending LMC Chapter 5.50 Tobacco Retailer
Licensing, to update retailer definitions and add compliance monitoring capabilities.

SUMMARY
In 2019, the City of Livermore adopted the Tobacco Retailer Licensing Ordinance. This ordinance provided further regulations for tobacco retailers and made the sale of flavored tobacco and vaping products illegal. The city continues to receive complaints regarding the sales of flavored tobacco and vaping products. Over the past year, city staff has conducted approximately five compliance checks and one multi-jurisdictional investigation involving the sales of flavored tobacco and vaping products. Staff researched options to improve Livermore's current municipal code to enhance the city’s ability to enforce tobacco related statutes and discourage the sales of these products within the city.

DISCUSSION
The Livermore Municipal Code makes the sale and possession of flavored tobacco products or vaping products illegal, absent a statutory exception. Despite these laws, some tobacco retailers continue to sell these products. City staff has identified several challenges to the enforcement of tobacco retailer laws. These retailers will often store products out of plain view to thwart enforcement efforts. The main challenge of current enforcement is meeting the requirements of California Penal Code Section 836. This statute outlines when city staff with enforcement authority may effect an arrest, including when they may issue a citation for an infraction or misdemeanor related to tobacco enforcement. The code requires that the offense be committed in city staff’s presence. Staff's experience has shown that violators rarely sell or openly possess these illegal tobacco products in front of a police officer or city staff, which limits the authority to act on suspected violations.

To mitigate these challenges, staff researched other municipal ordinances that might offer remedies. 378
Based on the results, staff is proposing amendments to Livermore's current tobacco retailer’s ordinance (Chapter 5.50), to include compliance monitoring and inspection authority by City of Livermore officials (amended section 5.50.110) and the discretion to utilize administrative fines and penalties. This change would provide city staff with a tool to address tobacco retailers who refuse to allow compliance monitoring or inspections. The fines would be no less than $250 and would not exceed $1,000, or possible revocation of their tobacco retailer license. Additional penalties could include cost recovery fees related to the law enforcement response. Livermore Municipal Code Sections 1.20 and 1.22 outline the process, including the appeals process, related to the issuance of administrative citations.

FISCAL AND ADMINISTRATIVE IMPACTS:

The proposed amendments to Ordinance 5.50 are not expected to have any significant fiscal impact.

Penalties could result in some minimal revenue but would not likely cover full response costs.

COMMUNITY PILLAR:

1: A Safe Community that Thrives

GOAL
:

2: Provide proactive and effective public safety and crime prevention through direct enforcement and education, and in partnerships.

ATTACHMENTS

1. Redline Changes to Municipal Code

2. Ordinance

Prepared by: Joseph Draghi
Police Lieutenant

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
379
Chapter 5.50

TOBACCO RETAIL LICENSING
Sections:

5.50.010 Purpose.

5.50.020 Definitions.

5.50.030 License required.

5.50.040 Ineligible to receive a license.

5.50.050 Locations.

5.50.060 Application and renewal procedure – Fees.

5.50.070 Issuance or denial.

5.50.080 Licenses are not transferable.

5.50.090 Licensee obligations.

5.50.100 Sale of flavored tobacco, electronic smoking devices, and fluid prohibited.

5.50.110 Compliance monitoring and inspection by City of Livermore officials.

5.50.120 Violation.

5.50.130 Penalties.

5.50.140 Suspension or revocation of license.

5.50.150 Summary suspension and revocation of license.

5.50.160 Other laws.

5.50.010 Purpose.

The purpose of this chapter is to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those that prohibit or discourage the sale or distribution of tobacco products to minors. It is not the purpose of this chapter to expand or reduce the degree to which the activities regulated by federal or state law are criminally proscribed or to alter the penalties provided for violations of federal or state tobacco-related laws.

5.50.020 Definitions.

The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:

ATTACHMENT 1
380
A. “Arm’s length transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this chapter, is presumed not to be an “arm’s length transaction.” B. “Characterizing flavor” means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by a tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice.

C. “Department” means the Livermore police department and any other department, division, or person designated by the City to enforce or administer the provisions of this chapter.

D. “Electronic smoking device” means any device or delivery system that can be used to deliver nicotine in aerosolized or vaporized form to a person, as well as any component, part, or accessory for the device that is used during its operation. “Electronic smoking device” includes electronic cigarettes as defined in Section 30121 of the California Revenue and Taxation Code, and any other device manufactured, distributed, marketed, or sold as an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor, that can be used to deliver nicotine in aerosolized or vaporized form to a person. “Electronic smoking device” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where that product is marketed and sold solely for such approved use.

E. “Electronic smoking device fluid” means any liquid or substance that can be used by an electronic smoking device.

F. “Flavored tobacco product” means any tobacco product that imparts a characterizing flavor.

G. “License” means a tobacco retailer license issued by the City pursuant to this chapter.

H. “Licensee” means any proprietor that was issued a license by the City for tobacco retailing pursuant to this chapter.

ATTACHMENT 1
381
I. “New FDA approved tobacco product” means a new tobacco product as defined in 21 U.S.C.

Section 387j(a)(1) of the Family Smoking Prevention and Tobacco Control Act of 2009 when that product requires premarket review by the United States Food and Drug Administration and that product has obtained a premarket review order under 21 U.S.C. Section 387j(c)(1)(A)(i), as those statutes may be amended from time to time.

J. “Proprietor” means a person with an ownership or managerial interest in a tobacco retailing business. An ownership interest shall be deemed to exist when a person has a 10 percent or greater interest in stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person has, or can have, sole or shared control over the day-to-day operations of a business.

K. “Tobacco paraphernalia” means any item designed or marketed for the consumption, use, or preparation of a tobacco product.

L. “Tobacco product” means any product containing, made from, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; any electronic smoking device; any electronic smoking device fluid; and any component, part, or accessory of a tobacco product, whether or not sold separately. “Tobacco product” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where that product is marketed and sold solely for such approved use. Examples of the products approved by the United States Food and Drug Administration for the cessation of smoking include skin patches, lozenges, gum, and prescription medications. Also, “tobacco product” does not include any drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act, provided the drug, device, or combination product is not otherwise prohibited by this chapter as a flavored tobacco product.

M. “Tobacco retailer” means any person who sells, offers for sale, exchanges, or offers to exchange, whether in person, online, or by some other method, any tobacco, tobacco product, or tobacco paraphernalia for consideration, without regard to the quantity sold, offered for sale, exchanged, or offered to exchange.

ATTACHMENT 1
382
N. “Tobacco retailing” means the conduct of selling, offering for sale, exchanging, or offering to exchange, whether in person, online, or by some other method, any tobacco, tobacco product, or tobacco paraphernalia for any form of consideration, without regard to the quantity sold, offered for sale, exchanged, or offered to exchange.

O. “Youth-populated area” means a parcel in the City that is occupied by a private or public kindergarten, elementary, middle, junior high, or high school; library open to the public; playground open to the public; youth center, defined as a facility where children, ages six to 17, inclusive, come together for programs and activities; recreation facility open to the public, defined as an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes, which includes, but is not limited to, a gymnasium, playing court, playing field, and swimming pool; or licensed commercial child care or preschool facility.

5.50.030 License required.

A. No person shall be a tobacco retailer, or conduct tobacco retailing, in the City without a valid license. A person is a tobacco retailer, or is conducting tobacco retailing, in the City if any part of the sale occurs in the City, regardless of the location of the purchaser of the tobacco products.

B. No person shall conduct tobacco retailing at a location in the City without a valid license for that specific location.

C. The term of each license is one year, unless the license is revoked.

D. Nothing in this chapter shall be construed to grant any person obtaining a license any status or right other than to conduct tobacco retailing at the location in the City identified on the face of the license, subject to compliance with all other applicable laws, regulations, and ordinances.

Nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law, including, without limitation, any condition or limitation on indoor smoking made applicable to business establishments by California Labor Code Section 6404.5.

5.50.040 Ineligible to receive a license.

ATTACHMENT 1
383
In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the department finds and determines after hearing pursuant to LMC 5.50.110(C), that any person has engaged in tobacco retailing without a valid license, either directly or through the person’s agents or employees, or that a licensee violated this chapter, then that person or licensee shall be ineligible to apply for, or to be issued, a license as follows:

A. After a first violation of this chapter at a location within any five-year period, no license may be issued to the person, licensee, or for the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until 30 days have passed from the date of the violation.

B. After a second violation of this chapter at a location within any five-year period, no license may be issued to the person, licensee, or for the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until 90 days have passed from the date of the violation.

C. After of a third or subsequent violation of this chapter at a location within any five-year period, no license may be issued to the person, licensee, or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until five years have passed from the date of the violation.

5.50.050 Locations.

A. Licenses shall only be issued for tobacco retailing at fixed locations.

B. Licenses shall not be issued for itinerant tobacco retailing, tobacco retailing from vehicles or carts, or for tobacco retailing that involves the delivery of tobacco products or tobacco paraphernalia from a fixed location in the City to a customer at a different location in the City.

C. Except as provided in subsection D of this section, no license shall be issued, and no existing license may be renewed, for tobacco retailing within 1,000 feet of a youth-populated area. The distance between a youth-populated area and a tobacco retailing location shall be measured by a straight line from the nearest point of the property line for the parcel where the youth- populated area is located to the nearest point of the property line for the parcel where the tobacco retailing location is located or proposed to be located.

ATTACHMENT 1
384
D. The prohibition in subsection C of this section does not apply to following legal nonconforming tobacco retailing:

1. Any proprietor that on the date the ordinance codified in this chapter is adopted is lawfully conducting tobacco retailing at a location that would be prohibited by this chapter from receiving a license due to its proximity to a youth-populated area, and which proprietor and location are otherwise eligible to receive a license, will be considered legal nonconforming general retail land use subject to the provisions in Livermore Development Code Chapter 9.16, Nonconforming Provisions, for the purposes of the license application, issuance, and renewal provisions in this chapter, but the proprietor must obtain a license and otherwise comply with the requirements of this chapter for tobacco retailing; and

2. Any licensee with a license for a location that would be prohibited from receiving a license due to its proximity to a youth-populated area that was created after the license was issued, and which licensee and location are otherwise eligible to receive a license, will be considered legal nonconforming retail land use subject to provisions in Chapter

9.16 LDC, Nonconforming Provisions, for the purposes of the license application, issuance, and renewal provisions of this chapter.

5.50.060 Application and renewal procedure – Fees.

A. All applications for a license, and to renew a license, shall be submitted to the department in the name of each proprietor proposing to conduct tobacco retailing and shall be signed by each proprietor or an authorized agent thereof. A separate application must be submitted for each location where tobacco retailing will occur. Each application shall be submitted on a form supplied by the department and must contain the following information:

1. The name, address, email address, and telephone number of each proprietor for the tobacco retailing business;

2. The business name, address, and telephone number for the fixed location for the tobacco retailing business;

3. The name, address, email address, and telephone number for the primary person authorized by each proprietor to receive all communications and notices required by, authorized by, or convenient to the enforcement of this chapter; ATTACHMENT 1
385

4. Proof that each proprietor has been issued a valid state license for the sale of tobacco products;

5. Whether or not a proprietor applying for the license was previously issued a license pursuant to this chapter that is, or was at any time, suspended or revoked, and if so, the dates of the suspension period or the date of revocation;

6. Whether or not any proprietor has been cited a violation of this chapter, and if so, the dates of the citation;

7. Whether or not any proprietor has been cited for a violation of any local, state, or federal tobacco-related law, and if so, the name of the agency that issued the citation and the date the citation was issued; and

8. Such other information as the department deems necessary for the administration or enforcement of this chapter as specified on the application form required by this section.

B. The fee for issuance or renewal of a license shall be established by resolution of the City Council and shall be in addition to the City’s business operation tax and any other license or permit fee imposed by this code upon the applicant.

1. The license fee shall be paid to the City at the time the license application is submitted.

2. The fee shall be calculated so as to recover the cost of administration and enforcement of this chapter, including, for example, issuing a license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this chapter.

3. License fees are nonrefundable except as may be required by law.

C. A licensee may renew a license as follows:

1. A proprietor may renew an unexpired license that has not been revoked. To renew the license, the proprietor need only submit the applicable license fee to the City no more than 60 days and no less than 30 days before the expiration of the license to be renewed.

ATTACHMENT 1
386

2. A proprietor may renew an expired license that has been expired for less than six months by submitting:
a. A license fee and application renewal form that provides all the information required to apply for a license; and
b. A declaration under the penalty of perjury that the proprietor did not conduct tobacco retailing after the licensed expired, and that the proprietor will not conduct tobacco retailing until a new license is issued.

3. A proprietor may not renew a license that has been expired more than six months prior to the renewal, or revoked, and instead must submit a new application.

D. All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act.

5.50.070 Issuance or denial.

A. Upon the receipt of a complete license application and the license fee required by this chapter, the department shall review the application and issue a license unless substantial evidence demonstrates that one or more of the following bases for denial exist:

1. The information presented in the application is inaccurate or false;

2. The application seeks a license for a tobacco retailing activity that is not authorized by this chapter, or is prohibited by this chapter or other law;

3. The application seeks a license for more than one location;

4. The application seeks a license for a proprietor that requires, but has not received, a valid state license for the sale of tobacco products;

5. The application seeks a license for a location that requires, but has not received, a valid state license for the sale of tobacco products;

6. The application seeks a license for a location that is within 1,000 feet of a youth- populated area and the location does not qualify for a legal nonconforming use exception set forth in this chapter;
ATTACHMENT 1
387

7. The application seeks a license for a proprietor that this chapter provides is ineligible to receive a license; or

8. The application seeks a license for a location where a license was revoked less than five years prior to the application.

B. Nothing in this chapter shall be construed to vest in any person obtaining and maintaining a license any status or right to act as a tobacco retailer in contravention of any provision of law.

5.50.080 License are not transferable.

A license is nontransferable. If a licensee changes business location, that licensee must obtain a new license prior to conducting tobacco retailing at the new location. If a business licensed to conduct tobacco retailing is transferred to a new proprietor, the new proprietor must obtain a license before conducting tobacco retailing at that location.

5.50.090 Licensee obligations.

A. It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of a license. No proprietor may rely on the issuance of a license as a determination by the City that the proprietor has complied with all laws applicable to tobacco retailing.

B. Each license shall be prominently displayed in an area that is visible to the public at the licensed location.

C. Each licensee shall inform the department in writing of any change in the information submitted in an application for an issued license within 10 calendar days of a change.

D. No licensee shall sell a tobacco product or tobacco paraphernalia to another person who is under the age of 27 years without first examining the person’s identification to confirm that the person is at least the minimum age for sale of tobacco products as established by state law.

E. Licensee, and the agents and employees of the licensee, shall not violate any federal or state tobacco-related laws regarding the sale of tobacco or tobacco products to underage persons.

5.50.100 Sale of flavored tobacco, electronic smoking devices, and fluid prohibited.

ATTACHMENT 1
388
A. The sale, offer for sale, exchange, or offer to exchange of any flavored tobacco product is prohibited.

1. There is a rebuttable presumption that a tobacco product is a flavored tobacco product if the product manufacturer, tobacco retailer, or any of their respective agents or employees has made a public statement or claim that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, or images on the product’s labeling or packaging that are used to expressly or impliedly communicate that a tobacco product has a characterizing flavor.

2. There shall be a rebuttable presumption that anyone in possession of four or more flavored tobacco products as part of a commercial enterprise, including, but not limited to, individual flavored tobacco products, packages of flavored tobacco products, or any combination thereof, possesses such flavored tobacco products with intent to sell, offer for sale, exchange, or offer to exchange.

B. The sale, offer for sale, exchange, or offer to exchange of any electronic smoking device is prohibited, except where the electronic smoking device is a new FDA approved tobacco product.

C. The sale, offer for sale, exchange, or offer to exchange of any electronic smoking device fluid is prohibited, except where the electronic smoking device fluid is an FDA approved tobacco product that is not otherwise prohibited by this chapter as a flavored tobacco product.

5.50.110 Compliance monitoring and inspection by City of Livermore officials.

A. Compliance with this chapter shall be monitored by the department. In addition, any peace officer may enforce the penal provisions of this chapter. The City may designate additional persons to monitor compliance with this chapter.

B. Inspections. The department shall inspect each tobacco retailer at least one time during every 12-month period.

1. The investigating and enforcing officials of the City of Livermore, or their designees, shall have the right to enter the premises of any licensed tobacco retail establishment ATTACHMENT 1
389
during regular business hours to make reasonable inspections and to observe and enforce compliance with the applicable regulations, laws, and provisions of this chapter.

2. Inspections by the department shall not be limited to the areas available to the public and may consist of all areas of the business establishment. The department shall conduct inspections at a time and in a manner that will minimize business interruption.

3. Any person who knowingly or willfully refuses to permit the department or their designees to conduct an inspection or examination of the business will be in violation of this section and will face a civil fine of not less than $250 and not exceeding $1,000 per violation or revocation of their tobacco retail license.

C. The department may conduct a hearing to determine whether a licensee, or an agent or employee of the licensee, has violated any of the requirements, conditions, or prohibitions of this chapter or has pleaded guilty, no contest or its equivalent, or admitted to a violation of this chapter or any federal or state tobacco-related laws. The department shall provide notice of the date, time, and location of the hearing to the primary person authorized by each proprietor to receive all communications and notices required by, authorized by, or convenient to the enforcement of this chapter. The hearing may not be conducted less than 14 days after the notice for the hearing is issued. The hearing need not be conducted according to the technical rules relating to evidence and witnesses, but shall comply with the provisions in Government Code Sections 11512(a), (b), and (c). Oral evidence shall be taken only upon oath or affirmation, and irrelevant and unduly repetitious evidence shall be excluded. The department and the licensee have the right to: call and examine witnesses on any matter relevant to the issues of the hearing; introduce documentary and physical evidence; cross-examine opposing witnesses on any matter relevant to the issues of the hearing; to impeach any witness regardless of which party called the witness to testify; to rebut evidence; to take notice of any fact that may be judicially noticed, whether that notice is taken before or after the hearing; and to represent himself or herself, or to be represented by anyone of his or her choice who is lawfully permitted to do so. The department shall mail written findings and its determination after hearing to the primary person authorized by each proprietor to receive all communications and notices required by, authorized by, or convenient to the enforcement of this chapter.

D. Nothing in this chapter creates a right of action in any licensee or other person against the City or its agents or its employees.

ATTACHMENT 1
390

5.50.120 Violation.

A. It is a violation of this chapter to do any of the following:

1. Conduct tobacco retailing without a license;

2. Conduct tobacco retailing at a location that is not licensed;

3. Conduct tobacco retailing at a location that is not fixed;

4. Conduct tobacco retailing that involves the delivery of tobacco products or tobacco paraphernalia from a fixed location in the City to a customer at a different location in the City;

5. Fail to fulfill the licensee obligations set forth in LMC 5.50.090;

6. Sell, offer for sale, exchange, or offer to exchange any electronic smoking device prohibited by LMC 5.50.100(B) in the City;

7. Sell, offer for sale, exchange, or offer to exchange any electronic smoking device fluid in the City;

8. Sell, offer for sale, exchange, or offer to exchange any flavored tobacco in the City; and to

9. Violate any local, state, or federal law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing.

B. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.

C. Each sale in violation of this chapter shall be regarded as a new and separate offense. Each day any violation of this chapter continues shall be regarded as a new and separate offense.

The remedies provided in this chapter shall be cumulative and exclusive.

D. Violations of this chapter are hereby declared to be public nuisances.

E. This chapter is not intended and nothing in this chapter shall be interpreted to penalize the purchase, use, possession, or attempted purchase, use, or possession of tobacco products, ATTACHMENT 1
391
tobacco paraphernalia, electronic smoking devices, or electronic smoking device fluid by persons under 21 years of age; provided, however, persons under 21 years of age remain subject to generally applicable laws regulating such conduct without respect to the person’s age.

5.50.130 Penalties.

A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

B. Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of 21 years old, such person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.

C. Violations of this chapter are subject to a civil action brought by the District Attorney or the City Attorney, punishable by a civil fine not less than $250.00 and not exceeding $1,000 per violation.

D. Violations of this chapter may, in the discretion of the prosecuting District Attorney or City Attorney, be prosecuted as infractions or misdemeanors when the interests of justice so require.

E. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the City Attorney, including, for example, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief.

F. Any business operating without a valid tobacco retail license issued pursuant to this chapter shall be subject to the full extent of the law including criminal prosecution and seizure of tobacco products for preservation as evidence of violation of this chapter.

5.50.140 Suspension or revocation of license.

A. A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked.

ATTACHMENT 1
392
B. In addition to any other remedy authorized by law, a license shall be suspended or revoked if any court of competent jurisdiction determines, or the department finds and determines after hearing pursuant to LMC 5.50.110(C), that the licensee, or any agent or employee of the licensee, violated any of the requirements, conditions, or prohibitions of this chapter or has pleaded guilty, no contest or its equivalent, or admitted to a violation of this chapter or any federal or state tobacco-related laws.

1. Upon a finding by the department of a first violation of this chapter at a location within any five-year period, the license shall be suspended for 30 days.

2. Upon a finding by the department of a second violation of this chapter at a location within any five-year period, the license shall be suspended for one year.

3. Upon a finding by the department of three or more violations of this chapter at a location within any five-year period, the license shall be revoked.

C. When a license is suspended, the licensee and all employees and agents must immediately cease all tobacco retailing and remove all tobacco products from public view from the licensed location, during the term of the suspension.

D. When a license is revoked, the licensee and all employees and agents must immediately cease all tobacco retailing and remove all tobacco products from public view from the licensed location, and no tobacco retailing may occur at that location unless and until a new license is issued pursuant to this chapter.

E. Violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless:

1. The tobacco retailing business at the location has been transferred to new proprietor(s) in an arm’s length transaction; and

2. The new proprietor(s) obtain a license to conduct tobacco retailing at that location.

F. A decision of the department to suspend a license is appealable to the City Manager and any appeal must be filed in writing with the city clerk within 10 days of mailing of the department’s decision. If such an appeal is timely made, it shall stay enforcement of the appealed action. The decision on the appeal by the City Manager shall be the final decision of the City.

ATTACHMENT 1
393
G. A decision of the department to revoke is a final decision of the City, and there is no appeal to the City Manager.

5.50.150 Summary suspension and revocation of license.

As a possible alternative to the hearing for the suspension of a license following a first or second alleged violation of this chapter within any five-year period, the licensee alleged to have violated this chapter may request the department exercise its prosecutorial discretion to allow the licensee to agree to the penalties provided in this section in lieu of the penalties that would otherwise apply under this chapter and to forego a hearing on the allegations. Notice of any agreement shall be provided to the department and no hearing shall be held. Agreements shall not be confidential and shall contain the following terms as well as any other noncriminal provisions established by the City in the interests of justice:

A. After a first alleged violation of this chapter at a location:

1. Cease all tobacco retailing and remove all tobacco products from public view from the licensed location for one day;

2. Payment of an administrative penalty of $1,000; and

3. Admission that the violation occurred and an acknowledgment that the violation will be considered in determining the fine or penalty for any future violation.

B. After a second alleged violation of this chapter at a location within any five-year period:

1. Cease all tobacco retailing and remove all tobacco products from public view from the licensed location for 10 days;

2. Payment of an administrative penalty of at least $5,000; and

3. Admission that the violation occurred and an acknowledgment that the violation will be considered in determining the fine or penalty for any future violations.

5.50.160 Other laws.

This chapter does not intend and shall not be interpreted to regulate any conduct where the regulation of such conduct has been preempted by the United States or the state of California.

ATTACHMENT 1
394
ORDINANCE NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE AMENDING CHAPTER 5.50 TOBACCO RETAIL LICENSING OF

THE LIVERMORE MUNICIPAL CODE TO UPDATE RETAILER DEFINITIONS, ADD

INSPECTION CAPABILITIES, AND SEIZURE OF EVIDENCE CAPABILITIES

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

Section 1. Purpose. This ordinance makes several changes to the Livermore Municipal Code chapter 5.50 Tobacco Retail Licensing to update the definition of a tobacco retailer and add inspection and seizure capabilities.

Section 2. Instruction for Publication. The amendments made by this ordinance are made as follows for transparency. 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 will only reflect the final language.

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

A. Subsection M in Section 5.50.020 Definitions is hereby amended so it reads as follows:
“Tobacco retailer” means any person who sells, offers for sale, exchanges, or offers to exchange, whether in person, online, or by some other method, any tobacco, tobacco product, or tobacco paraphernalia for consideration, without regard to the quantity sold, offered for sale, exchanged, or offered to exchange.

B. Subsection N in Section 5.50.020 Definitions is hereby amended so it reads as follows:
“Tobacco retailing” means the conduct of selling, offering for sale, exchanging, or offering to exchange, whether in person, online, or by some other method, any tobacco, tobacco product, or tobacco paraphernalia for any form of consideration, without regard to the quantity sold, offered for sale, exchanged, or offered to exchange.

C. Subsection A in section 5.50.030 License Required is hereby amended so it reads as follows:
(A) No person shall be a tobacco retailer, or conduct tobacco retailing, in the City without a valid license. A person is a tobacco retailer, or is conducting 395
ORDINANCE NO. ________
tobacco retailing, in the City if any part of the sale occurs in the City, regardless of the location of the purchaser of the tobacco products.

D. Section 5.50.110 Compliance monitoring is hereby retitled to Compliance monitoring and inspection by City of Livermore officials.

E. Subsection B in section 5.50.110 Compliance monitoring and inspection by City of Livermore officials is hereby amended to read as follows:

5.50.110 (B) Inspections. The department shall inspect each tobacco retailer at least one time during every 12 month period.

1. The investigating and enforcing officials of the City of Livermore, or their designees, shall have the right to enter the premises of any licensed tobacco retail establishment during regular business hours to make reasonable inspections and to observe and enforce compliance with the applicable regulations, laws, and provisions of this chapter.

2. Inspections by the department shall not be limited to the areas available to the public and may consist of all areas of the business establishment.

The department shall conduct inspections at a time and in a manner that will minimize business interruption.

F. Subsection F is hereby added in section 5.50.130 Penalties to read as follows:
(F) Any business operating without a valid tobacco retail license issued pursuant to this chapter shall be subject to the full extent of the law including criminal prosecution and seizure of tobacco products for preservation as evidence of violation of this chapter.

Section 4. 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 5. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.

Section 6. Publication. This ordinance shall be published once in a newspaper of general circulation of the city of Livermore within fifteen days after its adoption. 396
ORDINANCE NO. ________
Section 7. Effective date. This ordinance shall take effect 30 days after its adoption.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on February 26, 2024, 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/ Katherine Mirassou
Deborah L. Elam Katherine Mirassou
Acting City Clerk Deputy City Attorney
397

CITY COUNCIL STAFF REPORT
ITEM NO. 6.2

DATE:

February 26, 2024
TO:

Honorable Mayor and City Council
FROM:

Steve Riley, Acting Planning Manager
SUBJECT:

Hearing to consider adopting a resolution establishing a fee to cover staff costs when reviewing Preliminary Applications in accordance with the provisions of California Senate Bill No. 330, "The Housing Crisis Act of 2019."

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution establishing a Preliminary Application fee for eligible housing development projects, in accordance with the provisions of California Senate Bill No. 330, "The Housing Crisis Act of 2019", in the amount of $580.

SUMMARY
The Housing Crisis Act of 2019 (SB 330) was developed to provide streamlined pathways for housing development projects. This bill creates standardized processes through mandating objective standards.

This Preliminary Application was developed to satisfy the requirements of SB 330 and was designed to be adapted for future housing applications that may be developed by State law. The new state laws allow cities to adopt a fee to account for the time staff uses to review the application. Therefore, the current proposal is to adopt a fee in the amount of $580 to defray staff costs for reviewing the new applications.

The proposed fee is lower as compared to other entitlement application fees because staff review is limited to reviewing the application for completeness, including attachments such as site plans and building submittals.

DISCUSSION
Background

The Housing Crisis Act of 2019 (SB 330) was developed to provide streamlined pathways for housing development projects. This bill creates standardized processes through mandating objective standards.

SB 330 prohibits local jurisdictions from enacting new laws that would have the effect of reducing residential density or delaying new housing via administrative or other regulatory barriers. Further, SB 330 provides that a qualifying housing development project is only subject to the ordinances, policies, and standards adopted and in effect when a Preliminary Application is submitted, which occurs at the 398
outset of the entitlement process. Such vesting is only provided to projects that meet the minimum application submittal criteria established in the law. SB 330 also limits the number of public hearings a project must go through. The law allows local jurisdictions to create an application that includes the required submittal criteria and materials and establish a fee for staff's review time of the Preliminary Application. In the last 24 months, the City has received six (6) Preliminary Applications under SB 330.

Since Livermore has not had a specific Preliminary Application that satisfies the requirements of SB 330, the model application provided by the state has been used.

After staff reviews and deems the application complete, applicants still need to submit a subsequent formal entitlement application package to the City consistent with the City's normal application submittal requirements. The Preliminary Application has fewer submittal requirements than the City's full development application submittal requirement. The provisions of SB 330 essentially create a two-step application process. Applicants can choose to utilize SB 330 provisions, but it is not a requirement.

SB 330 streamlines residential development consistent with current General Plan Housing Element policies and goals. The Creation of a Preliminary Application for eligible housing development projects is consistent with State requirements. Also, it allows the City to clarify SB 330 application submittal requirements and customize some requirements to better fit local standards. Further, establishing the new Preliminary Application fee will help defray staff costs for reviewing this new application type.

Fee Analysis

The estimated average time spent by staff reviewing the Preliminary Application is 3 hours of Associate Planner time, 1 hour of Principal Planner time, and 1 hour of Planning Admin Tech time. The fee reflects the sum of the fully burdened hourly rates of those positions, $117.54 for Associate Planners, $143.61 for Principal Planners and $82.75 for Planning Admin Techs. The total proposed fee is $580. Therefore, the proposed fee would cover all staff time required to review the Preliminary Application and is reasonable and proportional to complete the review required.

If City Council approves the fee, it would be added to the Citywide Fee Schedule. The fee will only apply to future Preliminary Applications upon submittal. In the last 24 months, the City has received approximately six (6) applications for residential development that have declared use of the SB 330 provisions. For these SB 330 applications, the City used the state model SB 330 application by default and could not charge a review fee since one was not established.

ENVIRONMENTAL DETERMINATION

The proposed fee is not a "project" as defined in CEQA Guidelines Section 15378 since it will not result in any potentially foreseeable direct physical impact on the environment or a reasonably foreseeable indirect physical change in the environment.

FISCAL AND ADMINISTRATIVE IMPACTS

The proposed $580 fee is intended to cover reasonable staff costs associated with the Preliminary Application for housing development projects. The number of Preliminary Applications each year is expected to fluctuate based on the number of proposed residential developments in Livermore that year but is not expected to cause any significant fiscal or administrative impacts. The proposed fee would help cover staff review costs to satisfy the requirements of Senate Bill 330 as well as future Preliminary 399
Applications.

COMMUNITY PILLAR

1: A Safe Community that Thrives

GOAL

9: Provide efficient and effective permit processing services

ATTACHMENTS

1. Resolution

Prepared by: Kaitlyn Harrison
Assistant Planner

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ADOPTING A FEE FOR PRELIMINARY APPLICATIONS FOR

ELIGIBLE HOUSING DEVELOPMENT PROJECTS IN ACCORDANCE WITH THE HOUSING CRISIS ACT OF 2019 (SB 330) IN THE AMOUNT OF $580 In 2019, the California State Senate passed Senate Bill 330 providing that an eligible housing development project is only subject to the ordinances, policies, and standards adopted and in effect when a “preliminary application” is submitted, which occurs at the outset of the entitlements process. Such vesting is only provided to projects that meet the minimum application submittal criteria established in the law. The law allows local jurisdictions to create an application that includes the required submittal criteria and establish a fee for staff’s review time.

Based on the estimated staff time to review each application, the fee is $580. The fee amount assumes that a preliminary application will require 3 hours of Associate Planner time, 1 hour of Principal Planner time, and 1 hour of Planning Admin Tech time.

The proposed fee is not a “project” as defined in CEQA Guidelines Section 15378 since it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby adopts a fee for Preliminary Applications for eligible housing development projects in accordance with the Housing Crisis Act of 2019 (SB 330) in the amount of $580.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on February 26, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
______________________________ /s/ Kimberly Cilley Deborah L. Elam Kimberly Cilley
Acting City Clerk Senior Assistant City Attorney 401

CITY COUNCIL STAFF REPORT
ITEM NO. 10.1

DATE:

February 26, 2024
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Supplemental materials received prior to the meeting.

RECOMMENDED ACTION

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

3.1 2023 Climate Action Plan Progress Report, presented by Tricia Pontau, Sustainability Program Manager.

Material: PowerPoint Presentation

3.2 2024 Eastern Alameda County Human Services Needs Assessment and Final Report, presented by Josh Thurman, Human Services Program Manager and Bex Reno of JSI Research and Training Institute.

Material: PowerPoint Presentation

6.0 Public Comment - Public Hearings

Material: Public Comment

6.1 Hearing to introduce an ordinance amending Livermore Municipal Code (LMC) Chapter 5.50 Tobacco Retailer Licensing.

Material: PowerPoint Presentation

6.2 Hearing to consider adopting a resolution establishing a fee to cover staff costs when reviewing Preliminary Applications in accordance with the provisions of California Senate Bill No. 330, "The Housing Crisis Act of 2019."

Material: PowerPoint Presentation
402

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

Material: Council Reports

DISCUSSION

ATTACHMENTS

2024-02-26 Supplemental Materials

Prepared by: Helena Graves
Deputy City Clerk

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
403
1 2023 Climate Action Plan
Progress Report
February 26, 2024
Presented by Tricia Pontau, Sustainability Program Manager Climate Action Plan
Prepare the community for
climate impacts.

Achieve carbon neutrality
by 2045.

Establish Livermore as a
climate action leader.

Adopted November 2022
1 2
Item 3.1
PowerPoint Presentation
404
2 2023 Progress Report
Implementation highlights
2022 GHG inventory
Status of CAP priority
actions
Highlights
• Created a new full-time staff position
to manage CAP implementation
• Established the Livermore Climate
Action Team (LCAT) a community
working group to collaborate on
climate efforts
• Launched the Livermore Resilient
Hub, an online resource hub for
residents
• Organized community events
including the Climate & Environment
Expo and the Livermore Youth Climate
Summit
3 4
Item 3.1
PowerPoint Presentation
405
3 Highlights
• Utilized 100% renewable electricity in
City facilities
• Purchased new electric fleet vehicles
and solar-powered EV chargers
• Required new construction in
Livermore to be all-electric and install
EV charging infrastructure
• Partnered with Ava Community
Energy to install public EV fast
charging hubs on City-owned property
Highlights
• Converted turf to drought tolerant and
native landscaping on City property
• Completed roadway improvements for
bicyclists and pedestrian safety
• Repaired storm damage along the
arroyos
• Supported projects to expand the local
green economy such as GILLIG and
Forum Mobility
• Reduced organic waste through
Senate Bill 1383 compliance and the
Go Green Initiative
5 6
Item 3.1
PowerPoint Presentation
406
Item 3.1
PowerPoint Presentation
407
1 Eastern Alameda County Human Services Needs Assessment February 26, 2024
Presented by Josh Thurman, Human Services Programs Manager Bex Reno, JSI Research and Training Institute, Inc
Anupam Sharma, JSI Research and Training Institute, Inc Tri-Valley Human Services Needs Assessments
Livermore, Pleasanton, and Dublin collaborate on this regional effort.

The US Census is taken in every 10 years
 2003 – Regional team of city staff completed a Tri-Valley Human Services Needs Assessment to identify services gaps and support nonprofits  2011 – Broad-based assessment, expanded upon the 2003 study  2022 – Started the regional assessment before you this evening 1 2
Item 3.2
Power Point Presentation
408
2  Community focus groups
 Nonprofit focus groups
 Community tabling (events)
 Interviews
-Community members
-Nonprofit leaders & staff
-Faith-based organizations
-First responders
-Intercept
 Joint Human Services Commission meetings
 City Council meetings
 Needs assessment website
Outreach
Community Challenges
& Opportunity Areas
Youth Challenges
& Opportunity Areas
 Housing
 Health care
 Mental health
 Service provision, awareness and
navigation
 Racial, cultural and linguistic
responsiveness
 Safety
 Substance use
 Transportation
 Affordable childcare
 Accessible extracurricular areas:
after school, enrichment, summer
programs, sports
 Youth safety: physical,
psychological
 Youth mental health
 Substance use: bathrooms as a
human right, substance use
support and treatment
3 4
Item 3.2
Power Point Presentation
409
Item 3.2
Power Point Presentation
410
4 Actionable Recommendations
 Create a Regional Service Network
 Youth Services and Supports
 Tri-Valley Nonprofit Funding
 Build Pipelines for a Diverse Workforce
 Consider Multi-Sector Services and
Infrastructure Solutions
ActionDateItem
City Council will conclude with the same next
step recommendations. City Councils to
provide additional feedback.

February 2024Present final report to
each city Council
Joint Commission meetings to consider
February Council feedback and begin to
prioritize recommendations for City Councils’
consideration
Summer 2024Joint Human Services
Commission Meeting
City Councils review joint recommendations.

Associated project costs (if any) are identified
for possible incorporation into the three cities’
FY 2025-26 annual operating budget process.

Fall 2024Actionable
Recommendations return
to Councils for review and
consideration
Presentation to each City Council on
Actionable Recommendations progress
October*Annual Human Services
presentations to Councils
Discussion to develop future
recommendations from the needs
assessment
June*Annual Joint Human
Services Commission
Meeting
Next Steps
7 8
Item 3.2
Power Point Presentation
411
5 Questions/Comments
9 Item 3.2
Power Point Presentation
412
1 Helena Graves
From: Connie Kopps
Sent: Monday, February 26, 2024 9:05 AM
To: City Clerk
Subject: Comment on Hearing today
]
Ex
ercise CauƟ
on: This message is from outside the City email system. Do not open links or aƩachments from untrusted sources.

If there are too many applicants/ taking too much Ɵme, then hire another employee to pick up the slack Sent from my iPad
Item 6.0
Public Comment
413
1 Tobacco Retailer Licensing Ordinance
February 26, 2024
Presented by Captain Reynolds, LPD
Current Ordinance
• Livermore Municipal Code 5.50 – Tobacco Retailer Licensing – adopted in 2019.
• Currently, Officers/Neighborhood Preservation do not have inspection rights when it comes to tobacco retailers.
• Therefore, Officers/Neighborhood Preservation must take what the tobacco retailers say at face value about the products not in the store(s).
1 2
Item 6.1
PowerPoint Presentation
414
2 Recommended Ordinance Amendments
• The updated ordinance provides inspection rights at licensed tobacco retail establishments.
• The scope of inspection includes all areas of the business. • Refusal to allow an inspection results in a civil fine or license revocation.
• Unlicensed tobacco retailers are subject to criminal prosecution and seizure of tobacco products.
• Staff recommends the City Council introduce an ordinance and waive the first reading.
3 Item 6.1
PowerPoint Presentation
415
1 Establish a Fee for SB 330 Preliminary Application for Eligible Housing Development Projects
City Council
February 26, 2024
Presented by Kaitlyn Harrison, Assistant Planner
Establish a Fee for SB 330 Preliminary Application for
Eligible Housing Development Projects
• The Housing Crisis Act of 2019, Senate Bill 330 (SB 330) was adopted
into law in 2019.
• SB 330 provides certain rights at the time of their SB 330 application submittal,
and it streamlines the application
process.
•
City staff developed a SB 330 application to satisfy state law, which allows cities to adopt a fee to account for staff time used to review any
SB 330 application.
1 2
Item 6.2
PowerPoint Presentation
416
2 Establish a Fee for SB 330 Preliminary Application
for Eligible Housing Development Projects
• Based on estimated staff time to review SB 330
applications, staff recommends an application fee of
$580.
• The review time is limited to just information on the relatively brief SB 330 application.
• Staff collects a separate fee to review the standard city land use application, which is required after submittal and review of the SB 330 application.

Staff Recommendation
• Staff recommends the City Council adopt a resolution establishing a fee for the SB 330 Preliminary Application for Eligible Housing Development Projects in the amount of $580.
3 4
Item 6.2
PowerPoint Presentation
417
Council Member
Date of Meeting
or Event Committee or Organization
Meeting or Event Type (ex. board meeting or
ribbon cutting) Summary of Meeting or Event
Mayor Marchand 2/13/2024 Chamber of Commerce Reception Attended the New Member Chamber Reception Mayor Marchand 2/14/2024 Valley Link Board Board meeting Approved the Treasurer's Report and received updates on legislation, environmental review and the Executive Director's Report.

Mayor Marchand 2/14/2024 Alameda County Mayors Conference Meeting Heard the Host City Report and an update from BART on how they are trying to clean up the system and reduce crime.

Mayor Marchand 2/15/2024 City of Livermore Filmed Mayor's Report for TV30 Provided an update on activities in the City.

Mayor Marchand 2/17/2024 City of Livermore Grand Opening of a new bakery Presented a Certificate of Welcome to Patisserie by Simone Mayor Marchand 2/17/2024 City of Livermore Grand Opening and tour Spoke at the opening of Vineyard 2.0 and toured the facilities.

Mayor Marchand 2/20/2024 Visit Tri-Valley Kick-off reception Kick-off for Taste and Restaurant Week in the Tri-Valley Mayor Marchand 2/21/2024 Chamber of Commerce Networking mixer Attended the membership mixer at CityServe.

Mayor Marchand 2/21/2024 Livermore-Yotsukaido Sister City Organization Kick-off meeting Spoke at the initial meeting of the relaunch of the student exchange program.

Mayor Marchand 2/22/2024 City of Livermore Employee Recognition Recognized employees' excellence and honored over 75 employees with over 1,190 years of service to our community.

Mayor Marchand 2/22/2024 Alameda County Transportation Commission Commission meeting Received the legislative update, committee reports and an overview of the Countywide Transportation Plan: Making Alameda County Safer Mayor Marchand 2/24/2024 Scouts Troop 914 Arrow of Light Ceremony Spoke at the Arrow of Light ceremony where the Scouts cross over from cub scouts to scouts.

Item 8.0
Council Reports
418
Council Member
Date of Meeting
or Event Committee or Organization
Meeting or Event Type (ex. board meeting or ribbon
cutting)
Vice Mayor Carling 2/16/2024 Altamont Landfill Open Space Committee (ALOSC) Board meeting Vice Mayor Carling 2/17/2024 Vineyard 2.0 Vineyard 2.0 donor appreciation Vice Mayor Carling 2/21/2024 I-GATE Board meeting
Vice Mayor Carling 2/21/2024
Livermore Amador Valley Water Management Agency
(LAVWMA) Board meeting
Vice Mayor Carling 2/22/2024 City of Livermore Employee service award celebration luncheon Vice Mayor Carling 2/24/2024 Cub Scout Pack 914
Cub Scout Pack 914 Blue and Gold dinner and
celebration
Item 8.0
Council Reports
419
Council Member
Date of Meeting
or Event Committee or Organization
Meeting or Event Type (ex. board meeting or ribbon
cutting) Summary of Meeting or Event
Council Member Barrientos 2/16/2024 Ava Community Energy Sub committee on Marketing Sub committee meeting on Ava marketing Discussed ways the Ava company is connecting with the market Council Member Barrientos 2/17/2024 City council Walk through of Vineyard 2.0 We were given a condensed review of the operation Council Member Barrientos 2/22/2024 Ava BoD General meeting We are now looking for a new CEO Item 8.0
Council Reports
420
Council Member
Date of Meeting
or Event Committee or Organization
Meeting or Event Type (ex. board meeting or ribbon
cutting) Summary of Meeting or Event
Council Member Branning 2/26/2024 Livermore-Amador Valley Transit Authority (LAVTA) Projects and services committee Update to Long Range Transit Plan Council Member Branning 2/20/2024 Livermore Downtown Inc. (LDI) Board meeting Council Member Branning 2/26/2024 Las Positas College
Meeting with Las Positas students before council
meeting
Item 8.0
Council Reports
421

CITY COUNCIL STAFF REPORT
ITEM NO. 10.2

DATE:

February 26, 2024
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Supplemental materials received at the meeting.

RECOMMENDED ACTION

SUMMARY

DISCUSSION

ATTACHMENTS

1. Items Received at the Meeting

Prepared by: Helena Graves
Deputy City Clerk

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
422
City Council Meeting speech 2-26-2024 by Felicia Ziomek ertre LivernoroCltY Comcllmedngot
Good evening, City Council members & City employees.
l'm speaking to express serious concerns about the Airport Land Use Development & Analysis process for engaging with citizens who are "Stakeholders' and wish to participate in future Stakeholder meetings and discussions regarding the airport development.

Apparently, the stakeholders are being separated into various subgroups. And when citizens are interested in participating as a Stakeholder, the city presupposes which sub.group the citizen is assigned to, without giving them a choice. The city website (a) doesn't include the names of the various subgroups, and (b) doesn't explain that the city will be presupposing which subgroup the citizen wishes to join.

When I joined the list for stakeholder outreach, I urasn't informed the city would be separating stakeholders into subgroups, nor that the city assigned me to the "local environmenta! considerations" sub-group.

As the owner of a home in the Summerset neighborhood (just adjacent to the airport), my interests also include financial, land use, airport policy, and safuty. Not just environmental.

I still have no clue what the list of subgroups is. Saturday I happened to see a timeline on the Airport Land Use & Development website, and it listed a "Stakeholder Meeting" in February (see my snippet far below).

Knowing I enrolled as a Stakeholde6 I questioned why I didn't receive a meeting notice, requested when and where this meeting is scheduled, and where to find materials to review ahead of time. Mr. Cardwell replied, confirming l'm on the list for stakeholder outreach, in the local environmental considerations sub-group and mentioned the Stakeholders are being separated into narious sub-groups, the first I heard of this.

Despite having many names and emails of people who have previously given input on issues with the airport, theret been no notification about this process except in the last Airport Commission meeting agenda.

Posting on a website is not sufficient.

Despite confirmation that l'm on the city list of Stakeholders, when I send an email to [email protected], I get a reply indicating my email address isn't on the allowed senders list, so my emails to this address aren't being received. Fortunately, they were received by Mr. Cardwell and Mr. Stuth's direct email.

The message conveyed by this lack of transparency and lack of ful! disclosure is that you don't want citizens to participate in the Airport tand Use Development & Analysis process. That may not be the message you intend to send, but that's the message l'm receiving. Please don't let this continue. l've asked to receive a list of the airport development sub-groups, so I can choose which ones I want to be included in. l've also asked to receive meeting notes from the Stakeholder meetings that have already occurred, as well as a list of future Stakeholder meetings the public can attend.

My suggestions for updating your Airport Land Use Development & Analysis website:

List the various Stakeholder sub-groups and describe the type of fuedback you seek from each one.

Allow citizens to choose for themsefues which sub-group(s) they wish to be assigned to (and therefore receive meeting notices).

Post the agenda for each future sub.group meeting, with any supporting documents/information that should be revienued before the meeting.

Post the meeting notes after the meeting, including 'next steps' for that sub-group. 423
Thank you.

Felicia Ziomek
r_r\GrNoRr-. E
LlvERtoRE tuNlcPAL ARPORT (LVK)
ANPORT DEYELOPTE]IT ANALYSE
tDta
E
a o
b
hl
o
E
a
*
o
Et
o o
-ar-t 16t
o ofr.F.rDflOfaffic
lElcrE l-rr. rrh rqrIsrr#
D.;lFidah.!t
o
IIGEO
-
rIs I l,s<monrr
424
Dya@"r
425
February 26,2024
itheuvemom Conncl ot
Dear City Council Members
At the City Council meeting Feb. 12th, I made two requests. First, I asked the Council to reduce the FBO timeline to certify an existing 1,000 gallon tank to sell UL 94 at Livermore Airport (LVK ). The air permit fee for the tank was paid, but a 30 to 60 day comment period to sell UL-94 at LVK still needs to occur. Permits can be expedited if a health issue is involved which clearly exists at LVK. I have sent emails to Ms. Becky Yu at BAAQMD requesting to fast-track the permit so the tank can be filled with UL-94. ! urge Council members to directly contact Ms. Yu as well.

My second request was to ask the City Council to purchase a 8500 hundred gallon tank for 100 unleaded av fuel. Tonight, under matters for consideration, please include the possible purchase of an 8500 hundred gallon tank to be used for Gami-100. The FAA has already approved and certified GAMI 100 UL to be used as a drop in fuel replacement for all types of piston engines. With 7 to 8 million dollars in the Airport Enterprise Funds, there is more than enough money to cover the estimated cost of 300,000 dollars for a new tank.

A city Facebook post states the city is in contact with GAIull "to be one of the first recipients of' GAMI 100 unleaded av fuel, which will be available in California this summer. Does this mean Livermore is on the GAMI reservation list or in contract to receive the first large batches of GAMI 100 unleaded fuel after Bakersfield, Reed-Hillview and Watsonville? Please clarify what "in communication with GAMI" means.

Finally, I would like to echo Felicia's concerns about the PROGESS for the scoping and data collecting stakeholder's meetings for the airport development. We were asked to submit names of non-aviation groups because none had been included. I personally submitted the names and emails of 35 groups, agencies and individuals who are concerned about future airport development for various reasons. Felicia was told she would be grouped with others having environmental concerns.

However, our concerns are not limited to the environment. We are also concerned about land use, financial aspects, the health of residents within a 1.5 mile radius of LVK, future fuels, etc. There needs to be a reset with transparency and inclusion. Please list the all the dates and times of meetings and let those interested pick the meetings they want to attend.

To those in the chambers and those watching at home, if you are concerned about the continued use of leaded fuel, noise, smalljet aircraft, etc. please contact [email protected]. to be included in airport development meetings. Now is the time to speak up.

Time is of the essence, Mr. Cardwell is scheduled to present the findings to the City Council in June.

Sincerely,
Donna Cabanne Ddlr'-.'"- Cr.tlar\."L
40 year resident of Livermore
member of Sierra Club, Center for Biological Diversity, Livermore Airport Citizen's Group, Lead-free Livermore, UnleadLVK
426

Livermore City CouncilFebruary 26, 2024

Livermore City Council
February 26, 2024