Agenda packet — Livermore City Council, September 23, 2024

CITY COUNCIL
AGENDA
MONDAY, SEPTEMBER 23, 2024
REGULAR MEETING –
7:00 PM
LIBRARY SUMMER READING AWARDS - 6:00 PM

MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA

CIVIC CENTER MEETING HALL

CITY COUNCIL CHAMBERS
1016 S. LIVERMORE AVENUE
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
TV29:

Comcast TV Channel 29
tv29live.org
John P Marchand, Mayor
Robert W Carling, Vice Mayor
Ben
Barrientos, Council Member
Evan Branning, Council Member
Brittni Kiick, Council Member
Livermore City Council Agenda
September 23, 2024

1 1.

LIBRARY SUMMER READING AWARDS - 6:00 pm

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS - NONE.

4. OPEN FORUM

In conformance with the Brown Act, no City Council action can occur on items presented during Open Forum.

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

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

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

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

5. CONSENT CALENDAR

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

5.1 Approval of draft minutes - September 9, 2024 Regular Meeting

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

1. DRAFT 2024-09-09

ROLL CALL

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

PLEDGE OF ALLEGIANCE

Livermore City Council Agenda
September 23, 2024

2 5.2
Adoption of an ordinance revising Municipal Code Chapter 1.28 Conflict of Interest Code
to
revise reporting categories and add or remove positions as appropriate.

Recommendation:

Staff recommends the City Council
adopt an ordinance
revising Municipal Code Chapter

1.28,
Conflict of Interest Code,
to revise reporting categories and add or remove positions to align with updates to the City’s salary schedule.

Staff Report

Attachments:

1. Redlined 2024 Conflict of Interest Code

2. Ordinance

3. Exhibit A - Appendix A

5.3 Adoption of two ordinances authorizing execution of Planned Development Amendment - Residential (PD) 24-001 and Development Agreement Amendment (DAA) 24-001 for the Arroyo Vista Residential Project.

Recommendation:

Staff recommends the City Council
adopt the following ordinances:

1 .

Ordinance authorizing Planned Development Amendment - Residential (PD) 24-001; and
2 .

Ordinance authorizing execution of Development Agreement Amendment (DAA) 24- 001.

Staff Report

Attachments:

1. Ordinance - PD 24-001

2. Exhibit A - Planning Commission Resolution - Project Approval

3. Exhibit B - Planned Development Text Amendment

4. Ordinance - DAA 24-001

5. Exhibit A - Planning Commission Resolution- Project Approval

6. Exhibit B - Development Agreement Amendment

5.4 Introduce an ordinance and waive the first reading for combining and amending Municipal Code Chapter 3.40
Claims Administration
and Chapter 3.42
Claims and Demands Against the
City
for the processing of claims against the City for money and damages, and delegating settlement authorities.

Recommendation:

Staff recommends the City Council
introduce an ordinance
and waive the first reading for
combining and amending Municipal Code Chapter 3.40
Claims Administration
and Chapter

3.42 Claims and Demands Against the City
for the processing of claims against the City for
money and damages, and delegating settlement authorities.

Staff Report

Attachments:

1. Redline Changes to Existing Ordinance

Livermore City Council Agenda
September 23, 2024

3 2. Ordinance

3. Exhibit A - LMC Chapter 3.40

5.5 Resolution authorizing acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the Montage Trail Connection to Collier Canyon Road Project 2019-44.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing acceptance for permanent maintenance, release of the security bonds, and authorizing the City Manager to sign the Notice of Completion for the Montage Trail Connection to Collier Canyon Road Project 2019-

44. Staff Report

Attachments:

1. Location Map

2. Resolution

3. Exhibit A - Notice of Completion

5.6 Resolution authorizing execution of first amendments to the agreements with Daniel B. Valiao and East Bay Municipal Consulting, LLC for on-call engineering map and plan review services for development projects and capital improvement projects, increasing the not-to-exceed amounts of each agreement from $400,000 to $800,000 and extending the contract terms through December 31, 2026.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute first amendments to the agreements with Daniel B. Valiao and East Bay Municipal Consulting, LLC for on-call engineering map and plan review services for development projects and capital improvement projects, increasing the not-to-exceed amounts of each agreement from $400,000 to $800,000 and extending the contract terms through December 31, 2026.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - First Amendment with Daniel B. Valiao

3. Exhibit B - First Amendment with East Bay Municipal Consulting

5.7 Resolution authorizing execution of on-call utility engineering services agreements with Carollo Engineers, Inc., HDR Engineering, Inc., and Schaaf & Wheeler in amounts not-to- exceed $500,000 each with terms ending December 31, 2027.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing execution of on-call utility engineering services agreements with Carollo Engineers, Inc., HDR Engineering, Inc., and Schaaf & Wheeler in amounts not-to-exceed $500,000 each with terms ending December 31, 2027.

Livermore City Council Agenda
September 23, 2024

4 Staff Report

Attachments:

1. Resolution

2. Exhibit A - Carollo Engineers, Inc. Agreement

3. Exhibit B - HDR Engineering, Inc. Agreement

4. Exhibit C - Schaaf & Wheeler Agreement

5.8 Resolution approving the list of pre-qualified contractors to bid the Flagpole Plaza Project 2022-25 including Robert A. Bothman, Inc., McGuire and Hester, Golden Bay Construction, Inc., and GradeTech Inc.

Recommendation:

Staff recommends the City Council adopt a resolution approving the list of pre-qualified contractors to bid the Flagpole Plaza Project 2022-25, including Robert A. Bothman, Inc., McGuire and Hester, Golden Bay Construction, Inc., and GradeTech Inc.

Staff Report

Attachments:

1. Site Map

2. Resolution

5.9 Resolution authorizing an agreement with the Livermore Valley Joint Unified School District (LVJUSD) for Horizons Family Counseling to provide school-based mental health related services for LVJUSD students and their families on designated LVJUSD school campuses with a not-to-exceed amount of $304,500 and a term ending December 31, 2026.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with the Livermore Valley Joint Unified School District for Horizons Family Counseling to provide school-based mental health related services to LVJUSD students and their families with a not-to-exceed amount of $304,500 and a term ending December 31, 2026.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Agreement

5.10 Resolution amending the City of Livermore Salary Plan dated October 2024 to reflect salary increases for the Association of Livermore Employees (ALE) as previously approved in ALE's
Memorandum of Understanding (MOU) effective October 7, 2024, and retitling and moving the
Assistant Administrative Services Director, Assistant City Attorney, and Deputy City Attorney classifications to Management Confidential.

Recommendation:

Livermore City Council Agenda
September 23, 2024

5 and moving the Assistant Administrative Services Director, Assistant City Attorney, and Deputy City Attorney classifications to Management Confidential.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Salary Plan effective October 2024

6. PUBLIC HEARINGS - NONE.

7. MATTERS FOR CONSIDERATION - NONE.

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS

9. CLOSED SESSION

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

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

9.2 Conference with Legal Counsel - Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated. (One case)

Move Eden Housing v. City of Livermore, Alameda County Superior Court Case No. 22CV015399; First District Court of Appeals Case No. A167346

10. ADJOURNMENT

To a Regular City Council meeting on Monday, October 14, 2024 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

11. SUPPLEMENTAL MATERIALS

11.1 Supplemental materials received prior to the meeting.

REPORT OF ACTION TAKEN IN CLOSED SESSION

Livermore City Council Agenda
September 23, 2024

6 Staff Report

Attachments:

8.0 Council Reports

12. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING

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

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

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

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

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

Platforms to Participate in Meetings:

Submission of Comments Prior to the Meeting:

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

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

Submission of Comments During the Meeting:

Speakers are limited to a maximum of 3 minutes per person. To submit a comment you must complete a speaker card for each item. Speaker cards are available in the Civic Center Meeting Hall lobby. Indicate on the card the item number you wish to comment on and submit

Livermore City Council Agenda
September 23, 2024

7 the card directly to the City Clerk prior to the start of the item. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda.

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

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

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

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

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

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

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

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

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

ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE

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

Livermore City Council Agenda
September 23, 2024

8 CITY COUNCIL STAFF REPORT
ITEM NO. 5.1

DATE:

September 23, 2024
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Approval of draft minutes - September 9, 2024 Regular Meeting

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. DRAFT 2024-09-09

Prepared by: Debbie Elam
Acting City Clerk

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
9 SEPTEMBER 9, 2024 Minutes CM/75/1
CI

TY COUNCIL
SEPTEMBER 9, 2024
________________________________________________________________ RE

GULAR MEETING

1. NONE
2 . CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 7:13 pm, held in person at 1016 S. Livermore Avenue and YouTube.

RO
LL CALL – Present: Mayor John Marchand, Vice Mayor Robert W. Carling, and Council Members, Ben Barrientos, Evan Branning, and Brittni Kiick.

LEDGE OF ALLEGIANCE
3 . PROCLAMATIONS AND PRESENTATIONS – NONE
4 . OPEN FORUM
Ma
yor Marchand opened the public comment period.

A
lan Marling provided a comment.

D
avid McGuigan provided a comment.

Ma
rti Sutton provided a comment.

G
reg Scott provided a comment.

T
here were no more speakers, and the public comment period was closed. 5 . CONSENT CALENDAR
M
ayor Marchand opened the public comment period.

I
tem 5.1 David McGuigan provided a comment.

I
tem 5.2 Greg Scott provided a comment.

It
ems 5.2, 5.8, and 5.14 Jean King provided a comment.

T
here were no more speakers, and the public comment period was closed.

ATTACHMENT 1
10 CM/75/2 Minutes SEPTEMBER 9, 2024

ON THE MOTION OF COUNCIL MEMBER BRANNING , SECONDED BY VICE MAYOR CARLING, AND CARRIED ON A 4- 0 VOTE THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 5. 1. COUNCIL MEMBER KIICK ABSTAINED DUE TO HER ABSENCE AT THE MEETING OF JULY 22, 2024.

ON THE MOTION OF COUNCIL MEMBER BARRIENTOS , SECONDED BY COUNCIL MEMBER BRANNING, AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEMS 5.2-5.16.

5.1 Approval of draft minutes for July 22, 2024

5.2 Adoption of Ordinance 2160 approving Development Code Amendment (DCA) 24-001, for the Isabel Crossing Project, that would amend the alternative means of compliance and affordability requirements in Livermore Development Code Section 10.06.050

Adoption of Ordinance 2161 approving Development Agreement (DA) 22- 001 with Isabel Portola Owner LLC, for the Isabel Crossing Project, that would vest development rights for 20 years, provide financial certainty for the applicant, and secure a range of community benefits for the City of Livermore.

5.3 Introduce an ordinance and waive the first reading revising Municipal Code Chapter 1.28 related to the Conflict of Interest Code - Biennial Notice to revise reporting categories and add or remove positions as appropriate.

Ordinance introduced amending Title 1, Chapter 1.28, Conflict of Interest Code, of the Livermore Municipal Code to update disclosure categories and amend Appendix A.

5.4 Resolution 2024-150 authorizing the City Manager to execute a fourth amendment to the agreement with Swaim Biological, Inc. for on-call environmental support services, for the City's Stream Maintenance Program and other projects, until December 31, 2025, increasing the not -to exceed agreement amount from $1,200,000 to $1,450,000.

5.5 Resolution 2024-151 authorizing execution of a second amendment to the agreement with HMH Engineers for on- call engineering services, increasing the not-to-exceed agreement amount from $1,200,000 to $1,800,000, and extending the term of the agreement to December 31, 2027 to continue to provide engineering services for various capital improvements program projects, including, but not limited to, the Street Resurfacing 2022 Project 2022-01, the Arroyo Rd Trail T-13 Segment B Project 2019-55, and the Vasco Widening Project 2018-37.

5.6 Resolution 2024-152 authorizing execution of the first amendment to the agreement with 4 LEAF, Inc. increasing the not-to-exceed amount from $546,000 to $1,221,000 and extending the term of the agreement from June 30, 2025 to December 31, 2026, to provide continuous construction inspection and administration services for the Water Reclamation Plant (WRP) Primary and ATTACHMENT 1
11 SEPTEMBER 9, 2024 Minutes CM/75/3

Secondary Treatment Improvement Project 2019-31 and the WRP UV Treatment System Replacement Project 2021- 28 and as needed on- call construction inspection services.

5.7 Resolution 2024-153 authorizing execution of an agreement with HMH Engineers, in an amount not-to exceed $361,000 and a term ending December 31, 2026, to provide engineering services for Portola Avenue Slide Repair Project S202300P, Subtask S230042C, Federal Project No. ER-15J7(107).

5.8 Resolution 2024-154 approving Final Tract Map 8689 Arroyo Vista (Phase 2), authorizing execution of a Subdivision Improvement Agreement for the Arroyo Vista Project located on the east side of the Arroyo Seco Channel along Las Positas Road and accepting on behalf of the public all real property offered for dedication within Final Tract Map 8689 except for certain easements which Council reserves the right to accept at a future date.

5.9 Resolution 2024-155 approving a request to the Metropolitan Transportation Commission for the allocation of $436,280 from FY 2024- 25 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding to the Livermore Arroyo Road Trail Project 2019-55.

5.10 Resolution 2024-156 authorizing execution of lease agreements with New Cingular Wireless PCS, LLC for the construction and maintenance of telecommunications facilities on City property located at 2705 Ames Street and 3663 Pacific Avenue.

5.11 Resolution 2024 -157 authorizing supplemental appropriations of carry - over budgets, $41,332 from the Traffic Impact Fee Fund 510 and $25,278 from the Park Fee - AB 1600 Fund 512, to complete the Traffic Impact Fee and Park Facility Fee Nexus Studies.

5.12 Resolution 2024-158 authorizing the execution of a second amendment to the Standard Services Agreement with the County of Alameda for Tri -Valley Shelter Programs operating subsidies to extend the term through June 30, 2025.

5.13 Resolution 2024-159 authorizing the execution of an Inter -Governmental Collaboration Agreement with
the County of Alameda and Alameda County Cities and Housing Authorities for the completion of the Assessment of Fair Housing. The total agreement amount is $86,885 and the City’s share of the agreement cost is approximately $2,000.

5.14 Resolution 2024-160 authorizing the submission of an application to the State of California Housing and Community Development Department’s Local Housing Trust Fund (LHTF) Program in an amount not-to-exceed $5,000,000 for development phase 2 of the Pacific Avenue Senior Apartments, execution of an agreement with the State of California, and certification for expenditure of funds.

5.15 Resolution 2024-161 authorizing the issuance of a purchase order for three replacement Chevrolet Police Patrol Vehicles from Winner Chevrolet in an amount ATTACHMENT 1
12 CM/75/4 Minutes SEPTEMBER 9, 2024
not-to-exceed $220,707.

5.16 Re
solution 2024-162 terminating local emergency in response to impacts from a series of severe storm events last year.

6. PUBLI

C HEARINGS

6.1 Hea
ring to receive and consider protests related to the annual fire hazard abatement program and confirm the 2024 Weed Abatement Program assessments for collection on the County Assessor tax roll.

Rec
ommendation: Staff recommended the City Council consider all protests, and if Council finds appropriate, adopt a resolution overruling protests and confirming the 2024 weed abatement assessments and direct staff to file a certified copy of the assessment report with the County Auditor.

Deputy
Fire Chief Ryan Rucker presented the staff report.

Mayo
r Marchand opened the public hearing.

There w
ere no, and the hearing was closed.

ON THE

MOTION OF VICE MAYOR CARLING , SECONDED BY COUNCIL
MEMBER BARRIENTOS AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Res
olution 2024 -163 overruling protests and confirming assessment – Fire Hazard Abatement.

6.2 Hea
ring to consider a request for a Specific Plan Amendment, Planned Development, Site Plan Design Review Modification, and Development Agreement Amendment to modify the 2017 approval for the Arroyo Vista Residential Project to increase the height of the single family detached units from two stories to three stories, remove a pedestrian bridge requirement, and secure community benefits including pocket parks and a financial contribution.

Rec
ommendation: The Planning Commission and staff recommend the City Council:

1. Adopt a resolution certifying the 2024 Arroyo Vista Neighborhood Project Addendum to the Arroyo Vista Neighborhood Plan Initial Study Mitigated Negative Declaration [IS/MND], as amended by the 2017 Addendum for the Arroyo Vista Residential Development,

2. Adopt a resolution approving Specific Plan Amendment (SPPA) 24-002;

3. Adopt a resolution approving Site Plan Design Review Modification (SPDRM) 24-002;

4. Introduce an ordinance and waive the first reading authorizing execution of Planned Development Amendment (PD) 24-001; and

5. Introduce an ordinance and waive the first reading authorizing ATTACHMENT 1
13 SEPTEMBER 9, 2024 Minutes CM/75/5
execution of Development Agreement Amendment (DAA) 24-001.

Ass
istant Planner Kaityln Harrison presented the staff report.

Mich
ael Keaney, Director of Forward Planning Trumark Homes LLC. provided a comment.

Garrett Hinds, Vice President of Architecture and Design Trumark Homes LLC. provided a comment.

Mayo
r Marchand opened the public hearing.

Jea
n King provided a comment.

Connie
Kopps provided a comment.

There
were no more speakers, and the hearing was closed.

ON TH

E MOTION OF VICE MAYOR CARLING, SECONDED BY COUNCIL
MEMBER KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL

ADOPTED THE FOLLOWING RESOLUTIONS AND INTRODUCED THE
FOLLOWING ORDINANCES:

Res
olution 2024-164 adopting the Arroyo Vista Neighborhood Project 2024 Addendum to the Arroyo Vista Neighborhood Plan Initial Study Mitigated Negative Declaration (IS/MND), as amended by the2017 Addendum for the Arroyo Vista Residential Neighborhood Development.

Res
olution 2024-165 approving Specific Plan Amendment 24-002, for the Arroyo Vista Residential Development to remove the Arroyo Vista Neighborhood Plan’s bridge requirement and amend figures to remove the bridge.

Res
olution 2024-166 approving Site Plan Design Review Modification (SPDRM) 24-002 subject to Conditions of Approval for the Arroyo Vista Neighborhood Development.

Ordi
nance introduced authorizing execution of Planned Development Amendment (PD) 24-001
Ordi
nance introduced authorizing execution of Development Agreement Amendment (DAA) 24-001.

7. MATT

ERS FOR CONSIDERATION

7.1 Desig
nation of voting delegate and alternates for the 2024 League of California Cities General Assembly.

Rec
ommendation: Staff recommended the City Council appoint one voting delegate and up to two alternates to represent the City of Livermore at the 2024 ATTACHMENT 1
14 CM/75/6 Minutes SEPTEMBER 9, 2024
League of California Cities General Assembly.

Mayo
r Marchand opened the public comment period.

There w
ere no speakers, and the public comment period was closed.

ON TH

E MOTION OF MAYOR MARCHAND, SECONDED BY VICE MAYOR
CARLING AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPOINTED COUNCIL MEMBER BRANNING AS THE VOTING DELEGATE.

ON TH

E MOTION OF MAYOR MARCHAND, SECONDED BY COUNCIL
MEMBER BRANNING AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL

APPOINTED VICE MAYOR CARLING AS THE ALTERNATE VOTING

DELEGATE

8. COUNCIL

COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
THE M

AYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF

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

MEMBERS WHO DID NOT PROVIDE A SUMMARY IN THE SUPPLEMENTAL PACKET ARE INCLUDED BELOW.

Liver
more Police Department, Vice Mayor Carling noted his attendance at a ride along with the Homeless Liaison Officers on August 29, 2024.

City of
Livermore, Vice Mayor Carling noted his attendance at the climate meeting on September 4, 2024.

Open
Heart Kitchen, Vice Mayor Carling noted his attendance at the benefit event on September 6, 2024.

City
Council directed staff to r econfigure the City of Livermore and City of Pleasanton Liaison meeting, the City of Livermore and City of Dublin Liaison meeting, and the Intergovernmental meeting between the City of Livermore, Livermore Area Park and Recreation District, and the Livermore Valley Joint Unified School District to make them collaborative.

Cit
y Council directed staff to add an item to a future agenda to provide an opportunity for the City Council to discuss the City Council compensation.

9. ADJOURNM
ENT – at 8:35 pm in memory of Lee Horner to a Regular City Council Meeting on Monday, September 23, 2024 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

ATTACHMENT 1
15 SEPTEMBER 9, 2024 Minutes CM/75/7
APPROVED:

JO HN P. MARCHAND, MAYOR
ATTEST: ___
DEBO RAH L. ELAM, ACTING CITY CLERK
ATTACHMENT 1
16 CITY COUNCIL STAFF REPORT
ITEM NO. 5.2

DATE:

September 23, 2024
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Adoption of an ordinance revising Municipal Code Chapter 1.28 Conflict of Interest Code
to revise reporting categories and add or remove positions as appropriate.

RECOMMENDED ACTION

Staff recommends the City Council
adopt an ordinance
revising Municipal Code Chapter 1.28,
Conflict
of Interest Code,
to revise reporting categories and add or remove positions to align with updates to the City’s salary schedule.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Redlined 2024 Conflict of Interest Code

2. Ordinance

3. Exhibit A - Appendix A

Prepared by: Debbie Elam
Acting City Clerk

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
17 Chapter 1.28

CONFLICT OF INTEREST CODE
Sections:

1.28.010 Purpose.

1.28.015 Amendment and review.

1.28.020 Definitions incorporated.

1.28.030 Place of filing.

1.28.040 Filing officer.

1.28.050 Late filings and failure to file statements.

1.28.060 Designated positions.

1.28.070 Disclosure categories.

1.28.010 Purpose.

A. The Political Reform Act of 1974 (Cal. Gov. Code Section 81000 et seq.) (the “Act”) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Section 18730) which contains the terms of a standard conflict of interest code. This regulation, including any future amendments made by the Fair Political Practices Commission, may be incorporated by reference into a local agency’s conflict of interest code. Therefore, the terms of California Code of Regulations, Title 2, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This chapter, along with the attachments hereto, shall constitute the conflict of interest code of the City of Livermore.

B. Nothing in this chapter is intended to modify or abridge the provisions of the Act commencing wit h Gov
ernment Code Section 87100, which is applicable to all public officials of the City of Livermore (the “City”) and directs that no public official of the City shall make, participate in the making, or in any way attempt to use their official position to influence a City decision in which the official knows, or has reason to know, that he or she has a financial interest as defined by the Act.

C. This chapter intends to designate those public officials of the City who are involved in City decisions, and to r
equire such designated officials to disclose those financial interests (using Form 700) which could foreseeably be affected, in a material manner, by a City decision made by the official in the performance of the official’s responsibilities.

ATTACHMENT 1
18 1.

28.015 Amendment and review.

The city clerk will review the City’s conflict of interest code on an annual basis and if changes are required will submit a revised code for Council approval or if no changes are necessary so notify the City Council by the applicable deadline specified in the Act.

1.28.020 Definitions incorporated.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. Section 18110 et seq.), and any amendments to the Act or regulations are incorporated by reference into this conflict of interest code.

1.28.030 Place of filing.

All officials and designated employees required to submit a statement of economic interests shall file their statements with the City’s filing officer.

1.28.040 Filing officer.

The filing officer shall make and retain a copy of all statements filed by all officials subject to the Act, and forward the originals of such statements to the Fair Political Practices Commission. The filing officer shall retain the originals of the statements filed by all other designated employees. The filing officer will make all retained statements available for public inspection and reproduction during regular business hours. (Cal. Gov. Code Section 81008.)

1.28.050 Late filings and failure to file statements.

Any violation of this code is subject to the administrative, criminal, and civil sanctions provided in the Act.

The filing officer shall impose penalties for statements of economic interests that are filed late. The fine is $10.00 per day beginning the day after the filing deadline, up to a maximum of $100.00. Late filing penalties can be reduced or waived under certain circumstances as provided in Section 91013 of the Act.

1.28.060 Designated positions.

The persons listed in Appendix A of this chapter are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests.

ATTACHMENT 1
19 1.

28.070 Disclosure categories.

A. This code does not establish any disclosure obligations for those designated employees who are also specified in Government Code Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of the City is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to Article 2 of Chapter 7 of the Act, Government Code Section 87200 et seq. Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth herein specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned herein. It has been determined that the economic interests set forth in a designated employee’s disclosure categories are the kinds of economic interests which he or she foreseeably can affect materially through the conduct of his or her office.

B. The mayor, members of the City Council and Planning Commission, the City Manager, the City A
ttorney, and all other City officials who manage public investments, as that term is defined by 2 California Code of Regulations Section 18701(b), are not subject to the City’s code but are subject to the disclosure requirements of the Act. (Cal. Gov. Code Section 87200 et seq.). [2 Cal. Code of Regs.

Section 18730(b)(3).]
C. Employees/Consultants. Consultants that are registered professional engineers or licensed land s
urveyors who render professional engineering or surveying services independently of City control or direction and who do not exercise City decision making authority may not be required to comply with disclosure obligations in accordance with California Government Code Section 87100.1.

1. Disclosure Category 1. All designated employees and consultants in this category shall disclose all sources of income including gifts, loans and travel payments; investments; interests in real property and any business entities in which the designated employee holds a business position. “Business position” means any business entity in which the filer is a director, officer, partner, trustee, employee or holds any management position.

2. Disclosure Category 2.

A. All designated employees and consultants in this category shall disclose all sources of income, including gifts, loans and travel payments; investments; interests in real property and any business ATTACHMENT 1
20 entities in which the designated employee holds a management position if the business entity investments, business positions in business entities, and sources of income (including gifts, loans, and travel payments) if the business entity or source is in or doing business in the jurisdiction of the City and:
i. eEngages in land development, construction, the provision of architectural, engineering or other services in connection with construction; the manufacture or sale of electrical, plumbing or other products used in construction; the acquisition or sale of real property or financing of land acquisition, development or construction.; or ii. Provides services, supplies, materials, machinery, or equipment of any type utilized by the employee’s division; or
iii. Is of the type which contracts with the designated employee’s department.

B. All designated employees and consultants in this category shall disclose interests in real property located within the jurisdiction of the City.

3. Disclosure Category 3. All designated employees and consultants in this category shall disclose all sources of income, including gifts, loans and travel payments; investments; and business entities in which the employee holds a management position if the business entity is of the type which contracts with the City of Livermore to provide services, supplies, materials, machinery or equipment.

All designated board, committee, or commission members in this category must report all interests in real property investments, business positions in business entities, income (including gifts, loans, and travel payments) from any source in or doing business in the jurisdiction of the City which are subject to the regulation or supervision of the Board/Committee/Commission.

4. Disclosure Category 4. All designated employees and consultants in this category shall disclose all sources of income, including gifts, loans and travel payments; investments and business entities in which the designated employee holds a management position if the business entity is of the type which contracts with the designated employee’s department.

54. Section 87200 Filers. Local officials specified in Government Code Section 87200 include the mayor, City Council members, City Manager, City Attorney, and planning commissioners.

ATTACHMENT 1
21 D. Advisory Bodies.

1. Airport Commission. Members of this commission shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee or employee or hold any position of management if the source of the income or business entity:
a. Is of the type that contracts with the City of Livermore to provide services, supplies, materials, machinery or equipment to the Livermore Airport; and/or b. Is an airline or manufactures, distributes, sells or markets aircraft or products used in aviation.

Members of this commission shall disclose interests in real property located within two miles of the Livermore Airport.

2. Beautification Committee. Members of the Beautification Committee shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee or employee or hold any position of management, if the source of income or entity:
a. Is of the type that contracts with the City of Livermore to provide services, supplies, plants, trees, materials, equipment, or other outdoor fixtures or amenities or services, for landscape maintenance, construction or reconstruction; and/or
b. Engages in land development, construction, landscape design or architecture in connection with the construction, reconstruction or maintenance of property.

Members of the Beautification Committee shall also disclose interests in real property inside the City.

3. Climate Action Plan Advisory Commission. Members of this commission shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee or employee or hold any position of management, if the source of income or entity:

ATTACHMENT 1
22 a. Is of the type that contracts to provide data, services, supplies, technology, materials, equipment, or other services, related to energy efficiency, recycling, sustainability, or climate change services.

4. Commission for the Arts. Members of this commission shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee, or employee or hold any position of management if the source of the income or business entity:
a. Engages in land development; residential construction; the provision of architectural, engineering, or other services in connection with residential construction; the acquisition or sale of residential real property; or financing of land acquisition, development or residential construction.

Members of the Commission for the Arts shall disclose interests in real property located within, or not more than two miles outside, the boundaries of Livermore.

5. Community Asset Management Program. Members of this commission shall disclose sources of income, including gifts, loans, and travel payments, and business entities in which they have an investment or in which they are a director, officer, partner, trustee or employee or hold any position of management, if the source of income or entity:
a. Is of the type that contracts with the City of Livermore to provide services, supplies, materials, equipment, or other services, related to City infrastructure, construction or reconstruction.
b. Engages in the development, construction, design or architecture in connection with the construction, reconstruction or maintenance of City assets. c. Is of the type that contracts with the City of Livermore to provide any other goods or services for the operation and maintenance of City assets.

6. Historic Preservation Commission. Members of this commission shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee, or employee or hold any position of management if the source of the income or business entity:

ATTACHMENT 1
23 a. Engages in land development or provides contracting, landscape architecture, financial, or other services in connection with construction or reconstruction of property.

Members of the Historic Preservation Commission shall disclose interests in real property located within or not more than two miles outside the boundaries of Livermore.

7. Housing Authority. Members of the Livermore Housing Authority shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee, or employee or hold any position of management, if the source of income or entity:
a. Is of the type that contracts with the City of Livermore to provide, or otherwise provides, housing services, subsidized housing, transitional housing, or affordable housing services; b. Has applied for, plans to apply for, is receiving or within the previous two years has received funds under the Section 8 Voucher Program; and/or c. Is of the type that contracts with the City of Livermore or the Livermore Housing Authority to provide any other goods or services for the operation and maintenance of the Authority and its functions.

Members of the Livermore Housing Authority shall also disclose interests in real property inside the City.

8. Human Services Commission. Members of this commission shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee, or employee or hold any position of management if the source of the income or business entity:
a. Has applied for, plans to apply for, is receiving or within the previous two years has received funds through the City of Livermore to provide services for meeting human needs; and/or
b. Provides underwriting, legal, or financial services in connection with the issuance of mortgage revenue or other housing bonds.

ATTACHMENT 1
24 Members of the Human Services Commission shall disclose interests in real property located within, or not more than two miles outside, the boundaries of Livermore.

9. Library Board of Trustees. Members of this board shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee, or employee or hold any position of management if the source of the income or business entity:
a. Manufactures, repairs, distributes, sells, leases, or otherwise markets library materials and equipment including but not limited to books, periodicals, art slides or prints, records, or cataloguing equipment or systems; and/or
b. Is of the type that contracts with the City of Livermore to provide any other goods or services to the library.

Members of the Library Board of Trustees shall disclose interests in real property within one- half mile of any public library in Livermore.

Appendix A

City of Livermore Conflict of Interest Code List of Designated Positions

POSITION DISCLOSURE CATEGORY

ADMINISTRATIVE SERVICES DEPARTMENT
Administrative Services Director/Treasurer
(Resolution 2009-205)
1 Assistant Administrative Services Director
(Confidential)
1 City Clerk Division
City Clerk 1
Assistant City Clerk 1
Deputy City Clerk 1
Cyber Security Division
Cyber Security Manager 3
Finance Division
Supervising Purchasing Specialist 2
ATTACHMENT 1
25 POSITION DISCLOSURE CATEGORY

Purchasing Specialist 3 2
Financial Services Manager 3 2
Accounting Supervisor 3 2
Human Resources Division
Human Resources Manager (Confidential)

Human Resources Analyst Senior
(Confidential)
1 1
Human Resources Analyst I I (Confidential) 1
Human Resources Analyst I (Confidential) 1
Information Technology Division
Information Technology Manager 3 2
GIS Program Manager 2
Information Technology Operations
Manager
2 Systems Administrator 3 2
Geographic Information Services Specialist 3 2
Information Technology Coordinator 2
Senior Information Technology Technician 3 2
CITY ATTORNEY’S OFFICE
Senior Assistant City Attorney (Confidential) 1
Assistant City Attorney (Confidential) 1
Deputy City Attorney (Confidential) 1
Risk Manager (Confidential) 1
Management Analyst (Confidential) 1
CITY MANAGER’S OFFICE
Assistant City Manager 1
Assistant to the City Manager (Confidential) 1
Deputy City Manager (Confidential) 1
City Clerk Division
City Clerk 1 Assistant City Clerk 1 Deputy City Clerk 1

COMMUNITY DEVELOPMENT DEPARTMENT
Administration Division
ATTACHMENT 1
26 POSITION DISCLOSURE CATEGORY

Community Development Director 1
Assistant Community Development Director 1
Housing and Human Services Division
Housing and Human Services Manager 4 2
Housing Programs Manager 4 2
Human Services Program Manager 4 2
Building Division
Building Official 1
Senior Building Inspector 2
Building Inspector (I, II, III) 2
Plan Check Engineer 2
Permit Center Manager 2
Inspection and Neighborhood Preservation
Manager
2 Neighborhood Preservation Officer 2
Engineering Division
City Engineer 1
Assistant City Engineer 2
Assistant Engineer 2
Junior Engineer 2
Engineering Specialist 2
Civil Engineer (Junior, Assistant, Associate,
& Senior)
2 Engineering Technician (Senior, Associate,
& Assistant)
2 Construction Inspection Manager 2
Transportation Engineer (Senior &
Associate)
2 Planning Division
Planning Manager 1
Planner (Assistant, Associate, Senior, &
Principal)
2 INNOVATION AND ECONOMIC

DEVELOPMENT DEPARTMENT

Innovation and Economic Development
Director
1 ATTACHMENT 1
27 POSITION DISCLOSURE CATEGORY

Economic Development Manager 2
Economic Development Specialist 4 2

LIBRARY SERVICES DEPARTMENT
Director of Library Services 4 1
Assistant Library Director 4 2
Supervising Librarian 4 2

POLICE DEPARTMENT
Police Chief 3 1
Police Captain 4 2
Police Lieutenant 4 2
Information Technology Coordinator 4 2
Police Facility and Equipment Manager 4 2
Police Business Services Manager 4 2
Police Support Services 4 2
Police Media & Community Relations
Analyst
4 2
Horizons
Youth and Family Services Manager –
Clinical
4 2
Youth and Family Services Manager -
Programs
4 2

PUBLIC WORKS DEPARTMENT
Administration Division
Public Works Director 1
Assistant Public Works Director 1
Public Works Manager 2, 4
Public Works Supervisor 4 2
Airport Division
Airport Manager 2, 4
Maintenance Division
Maintenance and Golf Operations Manager 2, 4
Water and Water Resources Division
Water Distribution Operations Manager 4 2
Water Resources Communications
Representative
4 2
ATTACHMENT 1
28 POSITION DISCLOSURE CATEGORY

Water Resources Coordinator 4 2
Water Resources Division Manager 2, 4
Water Resources Operations Manager 4 2
Water Resources Source Control Inspector 4 2

GENERAL CATEGORIES
These categories cross departmental lines and are designated depending upon the type of duties to which they are assigned.

Special Projects Corrdinator Depending On Assignment
Management Analyst 2 Depending On Assignment
Management Analyst II 4 Depending On Assignment
Senior Management Analyst 3 Depending On Assignment
Management Analyst Confidential 1 Depending On Assignment Senior Management Analyst Confidential 1 Depending On Assignment Advisory Bodies
Airport Commission 3
Beautification Committee 2, 3
Climate Action Plan Advisory Committee 3
Commission for the Arts 2
Community Asset Management Program 2
General Plan Advisory Committee 3
Historic Preservation Commission 2, 3
Housing Authority 2
Human Services Commission 2
Library Board of Trustees 3

Consultant – a person who contracts with the City to provide work that falls into one of the following categories.

The disclosure category for consultant is dependent upon the type of work being performed.

1. Work of the type and/or nature that could or would be done by a designated employee identified in the City of Livermore conflict of interest code. The City Manager, or his or her designee, may find that a person need not fully comply with the disclosure requirements upon a written determination that the work and duties contracted are limited in scope and full compliance is unnecessary. The written determination shall identify what level of disclosure, if any, is required.

2. Work that involves making or participating in making decisions which may foreseeably have a material effect on a financial interest subject to the reporting requirements of the Political Reform Act.

ATTACHMENT 1
29 ORDINANCE NO. _____

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE AMENDING TITLE 1, CHAPTER 1.28, CONFLICT OF INTEREST

CODE, OF THE LIVERMORE MUNICIPAL CODE TO UPDATE DISCLOSURE

CATEGORIES AND AMEND APPENDIX A

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

Section 1. Findings. The Political Reform Act requires that every local government agency amend its Conflict of Interest Code as positions are added, deleted, or changed. It has been determined that amendments are required for the City of Livermore’s Conflict of Interest Code and list of designated positions.

Section 2. Purpose. This ordinance makes several changes to the Livermore Municipal Code Chapter 1.28 Conflict of Interest Code to update the disclosure categories and the positions designated to the disclosure categories.

Section 3. 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 4. Amendment – Municipal Code. The Livermore Municipal Code is hereby amended as follows.

A. Section 1.28.070 1Disclosure categories , subsection (C) is hereby amended and restated as set forth below:

C. Employees/Consultants. Consultants that are registered professional engineers or licensed land surveyors who render professional engineering or surveying services independently of City control or direction and who do not exercise City decision making authority may not be required to comply with disclosure obligations in accordance with California Government Code Section 87100.1.

1 The title of Section 1.28.070 Designated positions was incorrectly introduced at the September 9, 2024 meeting.

The correct title should read Disclosure categories. This is a non-substantial typographical error. Government Code Section 36934.
30 ORDINANCE NO. _____
position” means any business entity in which the filer is a director, officer, partner, trustee, employee or holds any management position.

2. Disclosure Category 2.

A. All designated employees and consultants in this category shall disclose all sources of income, including gifts, loans and travel payments; investments; interests in real property and any business entities in which the designated employee holds a management position if the business entity investments, business positions in business entities, and sources of income (including gifts, loans, and travel payments) if the business entity or source is in or doing business in the jurisdiction of the City and:
i. eEngages in land development, construction, the provision of architectural, engineering or other services in connection with construction; the manufacture or sale of electrical, plumbing or other products used in construction; the acquisition or sale of real property or financing of land acquisition, development or construction.; or
ii. Provides services, supplies, materials, machinery, or equipment of any type utilized by the employee’s division; or
iii. Is of the type which contracts with the designated employee’s department.

B. All designated employees and consultants in this category shall disclose interests in real property located within the jurisdiction of the City.

54. Section 87200 Filers. Local officials specified in Government Code Section 87200 include the mayor, City Council members, City Manager, City Attorney, and planning commissioners.

B. Section 1.28.070 2Disclosure categories, subsection (D) Advisory Bodies is hereby deleted.

C. Appendix A City of Livermore Conflict of Interest Code List of Designated Positions of Chapter 1.28 of the Livermore Municipal Code is hereby amended, as set forth in Exhibit A, attached hereto.

Section 5. 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 6. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.

Section 7. Publication and Effective Date. This ordinance shall be published once in a newspaper of general circulation of the City of Livermore within fifteen days after its adoption and shall take effect and be in force 30 days from and after its adoption.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on September 9, 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 September 23, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

2 The title of Section 1.28.070 Designated positions was incorrectly introduced at the September 9, 2024 meeting.

The correct title should read Disclosure categories. This is a non-substantial typographical error. Government Code Section 36934.
32 ORDINANCE NO. _____
________________________________
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Katherine Mirassou
Deborah L. Elam Katherine Mirassou
Acting City Clerk Deputy City Attorney
Exhibit A – Appendix A
33 Appendix A
City of Livermore Conflict of Interest Code List of Designated Positions

POSITION DISCLOSURE CATEGORY

ADMINISTRATIVE SERVICES DEPARTMENT
Administrative Services Director/Treasurer
(Resolution 2009-205)
1 Assistant Administrative Services Director
(Confidential)
1 Finance Division
Supervising Purchasing Specialist 2
Purchasing Specialist 2
Financial Services Manager 2
Accounting Supervisor 2
Human Resources Division
Human Resources Manager (Confidential)
Human Resources Analyst Senior
(Confidential)
1 1

Human Resources Analyst I I (Confidential) 1
Human Resources Analyst I (Confidential) 1
Information Technology Division
Information Technology Manager 2
GIS Program Manager 2
Information Technology Operations
Manager
2 Systems Administrator 2
Geographic Information Services Specialist 2
Information Technology Coordinator 2
Senior Information Technology Technician 2
CITY ATTORNEY’S OFFICE
Senior Assistant City Attorney (Confidential) 1
Assistant City Attorney (Confidential) 1
Deputy City Attorney (Confidential) 1
Risk Manager (Confidential) 1

EXHIBIT A
34 POSITION DISCLOSURE CATEGORY

Management Analyst (Confidential) 1
CITY MANAGER’S OFFICE
Assistant City Manager 1
Assistant to the City Manager (Confidential) 1
Deputy City Manager (Confidential) 1
City Clerk Division
City Clerk 1 Assistant City Clerk 1 Deputy City Clerk 1

COMMUNITY DEVELOPMENT DEPARTMENT
Administration Division
Community Development Director 1
Assistant Community Development Director 1
Housing and Human Services Division
Housing and Human Services Manager 2
Housing Programs Manager 2
Human Services Program Manager 2
Building Division
Building Official 1
Senior Building Inspector 2
Building Inspector (I, II, III) 2
Plan Check Engineer 2
Permit Center Manager 2
Inspection and Neighborhood Preservation
Manager
2 Neighborhood Preservation Officer 2
Engineering Division
City Engineer 1
Assistant City Engineer 2
Assistant Engineer 2
Junior Engineer 2
Engineering Specialist 2
Civil Engineer (Junior, Assistant, Associate,
& Senior)
2 EXHIBIT A
35 POSITION DISCLOSURE CATEGORY

Engineering Technician (Senior, Associate,
& Assistant)
2 Construction Inspection Manager 2
Transportation Engineer (Senior &
Associate)
2 Planning Division
Planning Manager 1
Planner (Assistant, Associate, Senior, &
Principal)
2 INNOVATION AND ECONOMIC

DEVELOPMENT DEPARTMENT

Innovation and Economic Development
Director
1 Economic Development Manager 2
Economic Development Specialist 2

LIBRARY SERVICES DEPARTMENT
Director of Library Services 1
Assistant Library Director 2
Supervising Librarian 2

POLICE DEPARTMENT
Police Chief 1
Police Captain 2
Police Lieutenant 2
Information Technology Coordinator 2
Police Facility and Equipment Manager 2
Police Business Services Manager 2
Police Support Services 2
Police Media & Community Relations
Analyst
2 Horizons
Youth and Family Services Manager –
Clinical
2 Youth and Family Services Manager -
Programs
2 PUBLIC WORKS DEPARTMENT
Administration Division

EXHIBIT A
36 POSITION DISCLOSURE CATEGORY

Public Works Director 1
Assistant Public Works Director 1
Public Works Manager 2
Public Works Supervisor 2
Airport Division
Airport Manager 2
Maintenance Division
Maintenance and Golf Operations Manager 2
Water and Water Resources Division
Water Distribution Operations Manager 2
Water Resources Communications
Representative
2 Water Resources Coordinator 2
Water Resources Division Manager 2
Water Resources Operations Manager 2
Water Resources Source Control Inspector 2

GENERAL CATEGORIES
These categories cross departmental lines and are designated depending upon the type of duties to which they are assigned.

Special Projects Corrdinator Depending On Assignment
Management Analyst Depending On Assignment
Management Analyst II Depending On Assignment
Senior Management Analyst Depending On Assignment
Management Analyst Confidential Depending On Assignment Senior Management Analyst Confidential Depending On Assignment Advisory Bodies
Airport Commission 3
Beautification Committee 3
Commission for the Arts 3
General Plan Advisory Committee 3
Historic Preservation Commission 3
Housing Authority 3
Human Services Commission 3
Library Board of Trustees 3

EXHIBIT A
37 Consultant – a person who contracts with the City to provide work that falls into one of the following categories.

The disclosure category for consultant is dependent upon the type of work being performed.

EXHIBIT A
38 CITY COUNCIL STAFF REPORT
ITEM NO. 5.3

DATE:

September 23, 2024
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Adoption of two ordinances authorizing execution of Planned Development Amendment - Residential (PD) 24-001 and Development Agreement Amendment (DAA) 24-001 for the Arroyo Vista Residential Project.

RECOMMENDED ACTION

Staff recommends the City Council
adopt the following ordinances:

1 .

Ordinance authorizing Planned Development Amendment - Residential (PD) 24-001; and 2 .

Ordinance authorizing execution of Development Agreement Amendment (DAA) 24-001.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Ordinance - PD 24-001

2. Exhibit A - Planning Commission Resolution - Project Approval

3. Exhibit B - Planned Development Text Amendment

4. Ordinance - DAA 24-001

5. Exhibit A - Planning Commission Resolution- Project Approval

6. Exhibit B - Development Agreement Amendment

Prepared by: Kaitlyn Harrison
Assistant Planner

39 Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
40 ORDINANCE NO. _____

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE ADOPTING PLANNED DEVELOPMENT AMENDMENT –
RESIDENTIAL (PD) 24-001 FOR THE ARROYO VISTA NEIGHBORHOOD

DEVELOPMENT, TO AMEND THE BRIDGE REQUIREMENT AND ALLOW FOR

SINGLE-FAMILY DEVELOPMENT IN LIVERMORE PLANNED
DEVELOPMENT 16-004
On July 24, 2017, the City of Livermore (“City”) approved an application from Summerhill LLC to develop the approximately 29-acre vacant parcel located at the southeast corner of the Arroyo Vista and Las Positas Road intersection with a residential development project.

On January 25, 2024, the City received an application from TH Arroyo Vista LLC (“Applicant”) for Site Plan Design Review Modification (SPDRM) 24-002, Development Agreement Amendment (DAA) 24-001, Planned Development (PD) 24-001, and Specific Plan Amendment (SPPA) 24-002 (collectively, the “Project”). The Project would modify the 2017 approval located southeast of the Las Positas and Arroyo Vista Road intersection. The Project includes modifying the design and height of the 86 single family residential units, adding approximately 0.5 acres of pocket parks in lieu of a pedestrian bridge, and making a financial contribution of $2 million dollars.

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

Section 1. Recommendation. The Planning Commission held a duly noticed public hearing on July 16, 2024, to consider Planned Development 24-001 to amend PD 16-004 and recommended that the City Council approve the Planned Development in Planning Commission Resolution No. 25-24, attached hereto as Exhibit A.

Section 2. Environmental. The City Council considered the environmental review and adopted the 2024 Arroyo Vista Neighborhood Plan Addendum to the Initial Study/Mitigated Negative Declaration [IS/MND] (State Clearinghouse No. 2007052028), as amended by the 2017 addendum, or the Arroyo Vista Neighborhood Project Addendum by Resolution ________.

Section 3. Consistency. The ordinance is consistent with the Livermore General Plan, any applicable specific plan, and the Livermore Development Code.

Section 4. Adoption. The City Council of the City of Livermore has considered the findings made in Planning Commission Resolution No. 25-24, attached hereto as Exhibit A, and hereby adopts the same findings by this reference and incorporates them as part of this resolution, and based upon the City Council’s own independent review and considerations, the City Council hereby approves the Planned Development Residential zoning.
41 ORDINANCE NO. _____
Section 5. The zoning standards for this district shall be those set forth in the PD 24-001 Standards that amend PD 16-004, attached hereto as Exhibit B.

Section 6. Publication and Effective Date. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Livermore within 15 days after its adoption and shall take effect and be in force thirty days from and after its adoption.

Section 7. Filing. The Planning Manager is directed to file a Notice of Determination for the Arroyo Vista Addendum with the Alameda County Clerk.

Section 8. Documents. The documents that constitute the record of proceedings upon which this decision is based on can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, Livermore, California.

Section 9. Severability. If any part of this ordinance is declared unconstitutional or invalid by a court, such unconstitutionality or invalidity shall not affect any remaining parts.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on September 9, 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 September 23, 2024, 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 Mirrasou_____________ Deborah L. Elam Katherine Mirassou
Acting City Clerk Deputy City Attorney
Exhibit A - Planning Commission Resolution No. 25-24
Exhibit B – Planned Development 24-001 Standards
42 EXHIBIT A
43 EXHIBIT A
44 EXHIBIT A
45 EXHIBIT A
46 EXHIBIT A
47 EXHIBIT A
48 EXHIBIT A
49 EXHIBIT A
50 EXHIBIT A
51 EXHIBIT A
52 EXHIBIT A
53 EXHIBIT A
54 PLANNED DEVELOPMENT STANDARDS
Planned Development Residential 16-004
Planned Development Residential 16-004 amended by Planned Development 24-001
Development of 435 residential units, two neighborhood parks, open space and recreational amenities, pedestrian pathways, landscaping, lighting, and streetscape improvements, and a pedestrian bridge over the Arroyo Seco channel
on the approximately 28.5-acre Arroyo Vista
Neighborhood Site.

Location: North side of Las Positas Road between Arroyo Vista Drive and Bennett Drive, intersected by the Arroyo Seco Channel.

Recommended for Approval by the Planning Commission: June 20, 2017 Approved by City Council: July 24, 2017
Recommended for Amendment by the Planning Commission: July 16, 2024 Amended by City Council: September 9, 2024
[Note to reviewer: Between the Planning Commission July 16, 2024 and City Council September 9, 2024 public hearings, staff has clarified that Planned Development 24-001 is an amendment to Planned Development 16-004, as reflected in this record.]
A. PURPOSE AND INTENT

1. The purpose of establishing this Planned Development District is to regulate the development of 28.5+/- acres of land located on the north side of Las Positas Road between Arroyo Vista Road and Bennett Drive, intersected by the Arroyo Seco Channel subdivided by Vesting Tentative Tract Map 8379 generally shown in Exhibit A.

2. The intent of this Planned Development District is to accomplish the following:
a) To implement the Arroyo Vista Neighborhood Plan.
b) To establish a comprehensively planned traditional neighborhood development that incorporates a pedestrian-oriented network of open space and walkways, high-quality architectural details, and adequate provision of public services and safety.
c) To provide an aesthetically attractive environment for and conducive to the development and protection of residential development.
d) To allow flexible subdivision design and development that encourages a variety of lot sizes and housing types that will accommodate a diverse range of residents and household income levels.
e) To provide parks, trails, and open space for the recreational use and enjoyment of neighborhood residents.

EXHIBIT B
55 B. P

RINCIPAL PERMITTED USES
The fol
lowing are the principal permitted uses in this District:

1. Detache
d single-family dwellings on individual lots.

2. Attach
ed single-family dwellings on individual lots (i.e., townhomes).

3. Attac
hed multi-family dwellings subdivided as condominiums (i.e., flats).

C. ACCESS

ORY USES
The fol
lowing are the accessory uses permitted in this District:

1. Communi
ty parks, open spaces, and recreational amenities, including but not limited to: pathways, gardens, playgrounds, club houses/community buildings, outdoor seating and kitchen areas, pools, and cabanas.

2. Home Oc
cupation in accordance with Livermore Development Code 6.02.060.

3. Acces
sory structures and buildings related to any permitted use, except home occupations, in accordance with Livermore Development Code

4.02.030.

4. Signs in ac
cordance with Livermore Development Code 4.06.240 or 4.06.250.

Monument features at the entries to the neighborhood and paseos, consistent with the Arroyo Vista Neighborhood Plan, are allowed. The name of community shall not be included on monument entry features.

D. CONDIT

IONAL USES
The fol
lowing uses are permitted subject to approval of a Conditional Use Permit in addition to any other prerequisite permits and conformance to all applicable regulations set forth in this Planned Development and elsewhere in the Zoning Ordinance:

1. Public an
d Quasi-Public uses, not listed in Section C above, in accordance with Livermore Development Code 6.02.090.

2. Once the T
DC option is used on any parcel within the Neighborhood Plan area, any future proposal to develop at the baseline industrial designation on any parcel would require discretionary approval of a Conditional Use Permit.

E. RESTRI
CTIONS

1. Buildi
ng additions that result in net new floor area are prohibited.

EXHIBIT B
56 a)
Minor building extensions such as chimneys and bay windows are allowed up to the maximum building height. Uncovered porches or decks no more than 18 inches in height are also allowed, although these features may not encroach into the required front or side yard setbacks.
b) Exc
eptions to this regulation will require a PD Amendment under the requirements of Chapter 9.14 of the Livermore Development Code.

2. Garag
e conversions into dwelling units or living space are prohibited.

3. Mech
anical equipment such as air conditioning units, antennas, or ground-mounted satellite dishes, not originally constructed, are prohibited unless concealed or not visible from adjacent properties. Wall-mounted satellite dishes less than 24 inches in diameter are allowed.

4. Solar
energy systems that meet the following criteria shall be allowed with a Building Permit:
a) Any such sy
stem must be consistent with the design and architecture of the residential unit or structure to which it is adjacent or affixed. b) The l
ocation of the system must not cause glare or visual distraction to surrounding properties in the project.
c) The m
aterials used to support or surround the system must be compatible with the nature and color of the adjacent structures.

F. DEVE

LOPMENT REGULATIONS FOR ALL RESIDENTIAL LOTS

1. Def
inition of setbacks. “Front” is defined as the side of the dwelling unit where the main entry is located. “Side” is defined as the side of the dwelling unit where there is either no access to the unit or the access to the unit is secondary. Setbacks are measured from the inside edge of the sidewalk (along a street) or pathway (along a paseo) to the wall plane, unless otherwise noted. Paseos are defined as landscaped corridors with a minimum 4-foot wide pathway, not located along a street.

2. Enc
roachments into yards. Certain architectural features including fireplaces, media niches and bay windows may encroach into the front, side, and rear yards up to a maximum of 3 feet in depth with a maximum width of 10 feet.

3. Encr
oachments into setbacks on curvilinear streets. Encroachments may be permitted per Section 4.1.4.2 of the Arroyo Vista Neighborhood Plan.

4. Encroachments into arroyo setback. The end unit of the residential building located in the southwestern corner of the eastern portion of the site (located on lot 301 of the Tentative Tract Map) may encroach by up to 10 feet into the 30-foot setback from the property line with the Arroyo Seco flood control channel.

EXHIBIT B
57 G. DEVELOPMENT REGULATIONS FOR DETACHED RESIDENTIAL LOTS

1. Lot Specifications. Lots for single-family detached residences created under the terms
of this Planned Development District shall conform to the following:
a) Minimum
Lot Size: 2,150± square feet.
b) Average Lot Size: 2,600± square feet.
c) Maximum Lot Size: 4,790± square feet.
d) Lot
Width: Minimum 32 feet
e) Corner Lot Width: Minimum 38 feet

2. Building
Height Maximum. 45 35 feet and three two stories of livable area

3. Minimum Setbacks.
a) Front Porch at Street: 7 feet
b) Front
Porch at Paseo: 5 feet
c) Front Wall Plane at Street: 13 feet
d) Front Wall Plane at Paseo: 7.6 feet
e) Side Yard Along Street: 6 feet
f) Side Yard Along Alley: 5 feet
g) Side Yard Along Paseo: 5 feet
h) Side Yard Separation (Building to Building): 10 feet i) Building Face to Building Face: 32 feet
j) Garage Face to Face of Curb Along an Alley: 6 feet
k) Garage Face to Garage Face Along an Alley: 32 feet
l) Building Face to Arroyo Seco Channel Right-of-Wa y: 30 feet H. DEVELOPMENT

REGULATIONS FOR ATTACHED RESIDENTIAL LOTS

1. Lot Specifications (Townhomes). Lots for attached single-family residences created under the terms of this Planned Development District shall conform to the following:

EXHIBIT B
58 a) M
inimum Lot Size: 1,000 square feet.

b) Average Lot Size: 1,600 ± square feet.

c) Maximum Lot Size: 3,600 square feet.

2. Lot Specifications (Flats). Lots for multi-family residences created under the terms of this Planned Development District shall conform to the following:

a) Minimum Lot Size: 7,100 square feet.
b) Average Lot Size: 8,900 ± square feet.
c) Maximum Lot Size: 9,700 square feet.

3. Building Height Maximum. 45 feet and 3 Stories of livable area.

4. Minimum Setbacks.

a) Front Porch at Street: 7 feet
b) Front Wall Plane at Street: 15 feet
c) Building Side to Building Side – No Pathway: 12 feet d) Building Side to Building Side – With Pathway: 15 feet e) Porch / Courtyard Separation at Paseos: 15 feet
f) Garage Face to Garage Face Along Alley: 32 feet
g) Building Face to Arroyo Seco Channel Right-of-Way: 30 feet

5. Average Setbacks. Building Face to Building Face along Paseos: 34 feet (average for each paired building cluster)

I. PARKING

1. Detached dwellings: Minimum 2 car garage with 1 guest space per unit.

2. Attached/multi-family dwellings: Minimum 2 car garage with 0.25 guest spaces per unit.

J. OPEN SPACE

1. Parks: Minimum of one neighborhood park with a minimum size of 0.20 acres on each side of the Arroyo Seco Channel.

EXHIBIT B
59 2. Sing
le Family: No minimum. The Arroyo Vista Neighborhood Plan assumes each lot incorporates private open space as defined by the minimum building setbacks. a) Porc
hes shall be minimum of 7 feet in either dimension.

3. Multi-F
amily: Minimum 1,000 square feet per unit spread out among three types of open space as follows:
a) Pri
vate Open Space (porches, decks, and courtyards for the exclusive use of private dwelling, with minimum of 7 feet in both dimensions): 10%-30%.
b) Semi-P
rivate Open Space (outdoor areas between porches and
sidewalks and between buildings and drive aisles): 20%-35% c) Comm
on Open Space (useable spaces such as neighborhood
parks, gardens, and paseos): 40%-60%.

4. Widt
h of a Paseo: Minimum 15 feet.

K. REVIEW

PROCESS

1. Resi
dential development covered by this Planned Development is subject to the Transfer of Development Credit (TDC) Ordinance and fees.

2. Bef
ore a building permit is issued for any new structure, or a grading permit for grading, the property owner shall obtain Site Plan and Design Review approval under Part 9 of the Livermore Development Code. The site plan approval for property within this PD-R district may include development conditions not limited to building design and arrangement, circulation, access, lighting, fencing, landscaping and screening, and maintenance of common area.

3. Minor
changes to the site plan and architectural and landscape plans shall be reviewed and approved by City staff if they are determined to be in substantial conformance with the approved plans and are consistent with the intent of this Planned Development and the Arroyo Vista Neighborhood Plan.

4. A var
iance to the terms of this Planned Development may be approved by the Planning Commission subject to the requirements of Chapter 9.10 of the Livermore Development Code.

EXHIBIT B
60 ORDINANCE NO. ______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

AN ORDINANCE APPROVING DEVELOPMENT AGREEMENT AMENDMENT (DAA) 24-001 WITH TH ARROYO VISTA LLC, FOR THE ARROYO VISTA

NEIGHBORHOOD PROJECT, TO PROVIDE FINANCIAL CERTAINTY FOR THE

APPLICANT AND SECURE COMMUNITY BENEFITS FOR THE CITY OF

LIVERMORE
California Government Code Section 65864 et seq. (implemented by Livermore Development Code Chapter 9.04) allows local jurisdictions and private parties to enter into Development Agreements in order to vest certain development rights and to meet local public purpose.

In December 2016, the City of Livermore (“City”) received an application from SummerHill Livermore LLC to develop the approximately 29-acre vacant parcel located at the southeast corner of the Arroyo Vista and Las Positas Road intersection with a residential development project.

On July 24, 2017, SummerHill Livermore LLC and the City of Livermore entered into a Development Agreement (DA) 17-002 and recorded as Document No. 2017251014 in the Official Records of Alameda County.

On January 19, 2023, TH Arroyo Vista LLC (“Applicant”) acquired the project property from SummerHill Livermore LLC to develop the approximately 29-acre vacant parcel located at the southeast corner of the Arroyo Vista and Las Positas Road intersection with a residential development project, consistent with the 2017 approval.

On January 25, 2024, the City received an amended application from the Applicant for approximately 15-acres of the site that is currently being graded to allow construction of the residential buildings that are not subject to this amendment. The applications for the modified Project include Site Plan Design Review Modification (SPDRM) 24-002, Development Agreement Amendment (DAA) 24-001, Planned Development (PD) 24-001, and Specific Plan Amendment (SPPA) 24-002 (collectively, the “Project”). The modified Project would remove the bridge requirement due to it becoming infeasible. Additionally, the modified Project would allow for taller homes of up to 45 feet and 3 stories that meet current market demands. The modified Project would develop at the intersection of southeast of Las Positas and Arroyo Vista Road, consistent with the 2017 approval. The Project includes 86 residential units, amenity space, two approximately 1.5-acre neighborhood parks with an additional approximately 0.5 acres of pocket parks, street improvements, street trees, and utility infrastructure. The residential units consist of for sale detached single-family homes. The Project also includes a Development Agreement Amendment (the “Development Agreement Amendment”) between the City and Developer, and Neighborhood Plan amendments.
61 ORDINANCE NO. ______

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

Section 1. Authority. Pursuant to California Government Code Section 65864 et seq., the City Council considers that certain document under City Application No.

Development Agreement Amendment 24-001 for the Arroyo Vista Residential Project.

The Development Agreement Amendment is attached hereto as Exhibit B.

Section 2. Recommendation. The Planning Commission held a duly noticed public hearing on July 16, 2024, to consider adoption of an ordinance approving the Development Agreement Amendment and by its Resolution No. 25-24, attached hereto as Exhibit A, recommended that the City Council adopt the ordinance and approve the Development Agreement Amendment.

Section 3. Public Hearing. Prior to taking action on the Project, and at a properly noticed public hearing, the City Council of the City of Livermore reviewed written and oral staff reports, conducted a public hearing on the Project and took testimony; and received into the record all pertinent documents related to the Project (collectively, the “Record Evidence”). The City Council’s determination is based on the Record Evidence, which is incorporated into this Ordinance by reference.

Section 4. Environmental Review. The City Council has adopted Resolution No. [_________] adopting the Arroyo Vista Neighborhood Project Addendum to the Arroyo Vista Neighborhood Plan Initial Study/Mitigated Negative Declaration [IS/MND] (State Clearinghouse No. 2007052028), as amended by the 2017 addendum, and finding that no subsequent or supplemental IS/MND is required, under the provisions of the California Environmental Quality Act (“CEQA”) per CEQA Guidelines section 15162.

Section 5. Consistency. Development Agreement Amendment 24-001 is consistent with the General Plan and the Livermore Development Code Chapter 9.04.

Section 6. Findings and Approval. The City Council has considered the findings made in Planning Commission Resolution No. 25-24, attached hereto as Exhibit A, and hereby adopts the same findings by this reference and incorporates them herein, and based upon the City Council’s own independent review of the Record Evidence and considerations, it adopts this Ordinance approving the Development Agreement Amendment.

Section 7. Signing Authority. The City Manager is hereby authorized to sign the Development Agreement Amendment, attached hereto as Exhibit B, on behalf of the City of Livermore.

Section 8. Publication and Effective Date. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Livermore within 15 days after its adoption and shall take effect and be in force 30 days from and after its adoption.
62 ORDINANCE NO. ______
Section 9. Filing. The Planning Manager is directed to file a Notice of Determination for the Arroyo Vista Neighborhood Plan Addendum with the Alameda County Clerk.

Section 10. Recording. The City Clerk is directed to record the Development Agreement Amendment within 10 days after the effective date of the Development Agreement Amendment.

Section 11. Documents. The documents that constitute the record of proceedings upon which this decision is based on can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, Livermore, California.

Section 12. Severability. If any part of this ordinance is declared unconstitutional or invalid by a court, such unconstitutionality or invalidity shall not affect any remaining parts.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on September 9, 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 September 23, 2024, 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
Exhibit A – Planning Commission Resolution 25-24
Exhibit B – Development Agreement Amendment
63 EXHIBIT A
64 EXHIBIT A
65 EXHIBIT A
66 EXHIBIT A
67 EXHIBIT A
68 EXHIBIT A
69 EXHIBIT A
70 EXHIBIT A
71 EXHIBIT A
72 EXHIBIT A
73 EXHIBIT A
74 EXHIBIT A
75 EXHIBIT B
76 EXHIBIT B
77 EXHIBIT B
78 EXHIBIT B
79 EXHIBIT B
80 EXHIBIT B
81 EXHIBIT B
82 CITY COUNCIL STAFF REPORT
ITEM NO. 5.4

DATE:

September 23, 2024
TO:

Honorable Mayor and City Council
FROM:

Jason Alcala, City Attorney
SUBJECT:

Introduce an ordinance and waive the first reading for combining and amending Municipal Code Chapter 3.40
Claims Administration
and Chapter 3.42
Claims and
Demands Against the City
for the processing of claims against the City for money and damages, and delegating settlement authorities.

RECOMMENDED ACTION

Staff recommends the City Council
introduce an ordinance
and waive the first reading for combining
and amending Municipal Code Chapter 3.40
Claims Administration
and Chapter 3.42
Claims and
Demands Against the City
for the processing of claims against the City for money and damages, and delegating settlement authorities.

SUMMARY
Livermore Municipal Code Chapter 3.40
Claims Administration
and Chapter 3.42
Claims and Demands
Against the City
establish special claims procedures. They also delegate authority to the City Attorney to reject government claims and authority to the City Manager and City Attorney to settle claims.

The proposed ordinance combines those two chapters and make further amendments. The additional amendments more clearly define the authority delegated to staff to process government claims. They also delegate additional settlement authority to staff members and increase the settlement authority shared by the City Manager and City Attorney from $100,00 to $200,000 to reflect the City Council’s increased contract authority delegated to the City by Ordinance 2159, as well as to include concurrence by the Risk Manager to settle claims and litigation up to that amount.

DISCUSSION
A tort is defined as a civil wrong that is compensable by money or damages.

Public entities are immune from state tort liability absent a specific constitutional requirement or statutory declaration that they are liable.

83 The California Tort Claims Act is a comprehensive statutory scheme that establishes the liabilities and immunities for public agencies for torts. As a result, the Tort Claims Act contains detailed specific and mandatory provisions for the presentation of tort claims to give public entities an adequate opportunity to investigate claims properly, to settle them without litigation, to prepare defenses thereto, and to address the conditions or practices that led to the claim.

Livermore Municipal Chapter 3.40
Claims Administration
and Chapter 3.42
Claims and Demands Against
the City
contain Livermore’s special claiming processes and delegate certain claim functions pursuant to its authority in the Torts Claim Act. Those Chapters were adopted at different time periods and are now needlessly repetitive.

The proposed ordinance combines those chapters and amends the special claims procedures to better reflect the claims that must comply with those procedures. The proposed ordinance also:

Delegates authority to the Risk Manager to accept or reject claims, and to make determinations as to the sufficiency and timeliness of claims;
Establishes a process for action on applications to present claims that are untimely, and delegates authority to the City Manager, City Attorney, and Risk Manager to grant or deny those applications to file untimely claims; and,
Delegates settlement authority to the City Manager, City Attorney, and Risk Manager for claims against the City for money and damages consistent with the Tort Claims Act and the contract authorities delegated pursuant to Livermore Municipal Code Chapter 2.68 Contracts and
Purchasing
as follows:

Position(s)
Settlement Authority
Risk Manager
Up to $25,000
City Attorney
Up to $50,000
Three-member body comprised of City Manager,
City Attorney, and the Risk Manager
Up to $200,000
City Council
Over $200,000

The delegation of settlement authority in the ordinance includes delegations: (1) to the City Attorney to settle or compromise workers’ compensation claims subject to budget appropriations; (2) to the City Manager for claims by the City for money
or damages up to $200,000. The proposed ordinance
reserves to the City Council all other settlement authority for claims for money or damages against the City, by the City against others, and for equitable relief or waivers of rights unrelated to claims for money or damages by or against the City.

FISCAL AND ADMINISTRATIVE IMPACTS

Adoption of the ordinance will require nominal additional staff time to process applications to present claims that are untimely, which time should be more than offset by the administrative efficiencies gained by clearly establishing the delegations of settlement authority and the three-member bodies to perform their delegated functions. The amendments otherwise reflect the City’s current practices and are not expected to have other fiscal or administrative impacts.

COMMUNITY PILLAR

84 1: A Safe Community That Thrives
GOAL

15: Develop, oversee, implement, and manage an effective and efficient risk management program

ATTACHMENTS

1. Redline Changes to Existing Ordinance

2. Ordinance

3. Exhibit A - LMC Chapter 3.40

Prepared by: Jason Alcala

City Attorney

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
85 Chapter 3.40

CLAIMS ADMINISTRATION
Sections:

3.40.010 General.

3.40.020 Purpose and intent

3.40.030 Claims against City for money and damages

3.40.020040 Special claims procedures.

3.40.050030 Delegation of authority to reject claimsclaim functions.

3.40.040060 Delegation of Ssettlement authority.

3. 40.010 General.

The general claims procedures applicable to local public agencies, including this City, are governed by the provisions of Part 3 Claims Against Public Entities Chapter 1 in of Division 3.163.6 Claims and Actions Against Public Entities and Public Employees (commencing with Section 900) of the California Government Code.

3.40.020 Purpose and intent.

The Tort Claims Act (Government Code Section 810 et seq.) provides that no suit for money or damages may be brought against the City unless a claim has been timely presented to the City. The general claim procedures are governed by the provisions of Division 3.6 of the California Government Code, commencing with Section 900. Those provisions also provide that local ordinances shall govern those claims that the Tort Claims Act exclude and which other state statutes do not expressly govern.

The time periods and procedures for presenting a claim set forth in this chapter are intended to apply to all claims excluded by the Tort Claims Act, or not expressly governed by statute, including claims which currently exist, whether or not they have been presented to the City.

3.40.030 Claims against City for money and damages.

A. It is the intent of this chapter that all claims and demands against the City for money or damages not otherwise governed by the Tort Claims Act, California ATTACHMENT 1
86 Government Code Section 900 et seq., or another state law, shall be presented within the time and in the manner as if the time and manner had been prescribed in Division

3.6 Claims Against Public Entities of the California Government Code (commencing with Section 900 thereof).

B. All claims or demands against the City shall be made in writing and filed with the city clerk. All claims shall be signed and verified by the claimant or by his or her guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless signed by every member of that class. In addition, all claims shall contain the information required by California Government Code Section 910 et seq. and be completed using the City of Livermore Claim Form pursuant to Government Code Section 910.4.

C. Consistent with Government Code Sections 935(b) and 945.4, all claims shall be presented prior to the filing of any action on such claims and no such action may be maintained by a person who has not complied with the requirements in this Chapter.

3.40.0240 Special claims procedures.

Claims for money and damages that are (i) excepted by California Government Code Section 905 from the presentation procedures in Part 3 Claims Against Public Entities in Division 3.6 Claims and Actions Against Public Entities and Public Employees (commencing with Section 900) of the California Government Code, and (ii) that are also not otherwise governed by any other statute or regulations expressly relating thereto, shall be governed by the procedures prescribed in this Chapter 3.40 and Pursuant to the authority of Section 935 of the California Government Code and notwithstanding the exceptions contained in Section 905 thereof, all claims against the City for money or damages when a procedure for processing such claims is not otherwise provided by state law, shall be presented within the time limitations and in the manner prescribed by Sections 910 through 912.4, 912.6, 913, and 915 through 915.4 910 and 915.2 of the California Government Code. Such claims shall be further subject to the provisions of Sections 945.3, 945.4, 945.6, and 946 of the California Government Code related to the prohibition of suits in the absence of the presentation of claims and action thereon by the CityCouncil. This procedure for claims is adopted pursuant to California Government Code Section 935 as a prerequisite to suit thereon.

3.40.050030 Delegation of claim functionsauthority to reject claims.

A. Pursuant to California Government Code Section 935.4, the City Council authorizes the City Attorney to reject claims filed pursuant to the chapter. Claim Processing. The Risk Manager is hereby authorized and responsible for the following functions on behalf of the City for claims presented to the City:

ATTACHMENT 1
87 1. Evaluating and providing notice, pursuant to California Government Code Section 910.8 and this Chapter, the sufficiency of claims as presented to determine if they substantially comply with the requirements in California Government Code Sections 910 through 910.4 and this Chapter;

2. Evaluating and providing notice of the timeliness of claims as presented pursuant to California Government Code Section 911.3 and this Chapter;

3. Acting and providing notice on claims pursuant to California Government Code Section 912.6 and this Chapter to either reject, allow, reject a portion and allow a portion, compromise in whole or in part any claim consistent with the authorities set forth in LMC section 3.40.060; and,

4. Processing payments pursuant to California Government Code Sections 912.6(c), 935.2, 935.4 and 970.2 through 970.8 for any claim, or portion of a claim, allowed, compromised, or settled as if the claimant had obtained final judgment against the City, consistent with the authorities set forth in LMC section 3.40.060.

B. Application to Present Claim. The City Manager, City Attorney, the Risk Manager are hereby authorized and responsible as a three-member body to perform the City’s functions pursuant to California Government Code Sections 911.4 and 911.6 and this Chapter to grant or deny applications for leave to present a claim to the City. All three must agree to grant an application for leave to present a claim, and absent agreement the application is deemed rejected. The Risk Manager is responsible for giving notice of action on the application, or the failure or refusal to act on the application, as required by California Government Code Section 911.8. This delegation of authority is made pursuant to California Government Code Sections 935.2 and 935.4.

3.40.040060 Settlement Delegation of settlement authority.

Authority to settle claims presented to the City is vested in the City Council, except as delegated in this section.

A. Pursuant to California Government Code Section 935.4, the City Council authorizes the City Attorney to settle claims up to $100,000. Claims above $10,000 require the concurrence of the City Manager. Claims in excess of $100,000 or those involving action which requires City Council approval must be approved by the City Council.

Authority to settle claims presented to the City is hereby delegated pursuant to California Government Code Sections 935.2 and 935.4 as follows:

ATTACHMENT 1
88 1. The Risk Manager is hereby delegated authority to allow, reject a portion and allow a portion, and to compromise in whole or in part any claim in an amount not to exceed $25,000;

2. The City Attorney is hereby delegated authority to allow, reject a portion and allow a portion, and to compromise in whole or in part any claim in an amount not to exceed $50,000; and,

3. The City Manager, City Attorney, and the Risk Manager are hereby delegated collective authority to allow, reject a portion and allow a portion, and to compromise in whole or in part any claim in an amount not to exceed $200,000. Absent agreement by all three persons, the claim may only be settled by the City Council.

B. The City Manager, City Attorney, and Risk Manager are hereby delegated collective authority pursuant to California Government Code Sections 949 to compromise or settle in whole or in part any legal action against the City for money or damages in an amount not to exceed $200,000. Absent agreement by all three persons, the action may only be settled by the City Council.

C. The City Attorney is hereby delegated authority to compromise or settle workers’ compensation claims regardless of the amount but subject to budget appropriation.

D. The City Manager is hereby authorized to settle or release any claims made by the City against any other person or party for money or damages in an amount not to exceed $200,000, with the City Attorney’s approval of any related settlement or release agreements as to form.

E. The settle authorities delegated in this section includes the authority to process payments for the settlement amounts pursuant to California Government Code Sections 912.6(c), 935.2, 935.4 and 970.2 through 970.8, as well as to offset any delinquent amounts due the City as set forth in California Government Code Section 907.

F. The City Council expressly reserves the right to settle or compromise any claims by or against the City for equitable relief, or waiver of rights that are unrelated to claims for money or damages by or against the City.

ATTACHMENT 1
89 Chapter 3.42

CLAIMS AND DEMANDS AGAINST THE CITY
Sections:

3.42.010 Purpose and intent.

3.42.020 Claims against City.

3.42.030 Application – Effective date.

3.42.040 Appeals.

3.42.010 Purpose and intent.

The Tort Claims Act (Government Code Section 810 et seq.) provides that no suit for money or damages may be brought against the City unless a claim has been timely presented to the City. The general claim procedures are governed by the provisions of Chapter 1 of Division 3.6 of the Government Code of the State of California, commencing with Section 900 and following. Those provisions also provide that local ordinances shall govern those claims the Act excludes and which other state statutes do not expressly govern.

The time periods and procedures for presenting a claim set forth in this chapter are intended to apply to all claims excluded by the Act, or not expressly governed by statute, including claims which currently exist, whether or not they have been presented to the City. This chapter is not intended to extinguish existing claims without providing a reasonable period for the presentation of those claims.

3.42.020 Claims against City.

A. It is the intent of this chapter that all claims and demands against the City for damages or money not otherwise governed by the Tort Claims Act, California Government Code Section 900 et seq., or another state law, shall be presented within the time and in the manner as if the time and manner had been prescribed in Division

3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof).

ATTACHMENT 1
90 and be completed using the City of Livermore Claim Form pursuant to Government Code Section 910.4.

3.42.030 Application – Effective date.

As of the effective date of the ordinance codified in this chapter, its provisions shall be applicable to any claim described in this chapter not otherwise time-barred. If the application of the time periods established by this chapter would extinguish an existing claim which is not otherwise time-barred, then the date by which that claim must be presented to the City shall be the sooner of:

A. The date any applicable claims period would have expired; or B. Six months after the effective date of the ordinance codified in this chapter for claims described in the first sentence of Government Code Section 911.2 or one year after the effective date of the ordinance codified in this chapter for claims described in the second sentence of that section. Nothing in this chapter shall be construed to extend the time for the presentation of any claim, which time was established by statute, ordinance, or other law in effect prior to the adoption of the ordinance codified in this chapter.

3.42.040 Appeals.

Any person aggrieved by any decision regarding a claim they file against the City shall be required to comply with the appeal procedure of this section.

A. Any person aggrieved by any decision regarding their submission of a claim to the City may appeal to the City Manager by filing a notice of appeal with the city clerk within 14 days of the date of the decision.

B. Within 20 days from receipt of the appeal notice, the matter shall be set for hearing.

The appellant shall be served with notice of the time and place of the hearing as well as any relevant materials at least five days prior to the time of the hearing. The appellant, the City Manager (or his or her designee) and any other interested person may present such relevant evidence as he or she may have relating to the determination from which the appeal is taken.

C. Based upon the submission and review of the evidence and the City’s file, the City Manager/designee shall issue a written notice and order upholding or reversing the determination from which the appeal is taken. The notice shall be given no less than 45 days after the conclusion of the hearing and shall state the reason for the decision. If ATTACHMENT 1
91 the City Manager fails to or refuses to act within the 45-day period, the claim shall be deemed to have been rejected by the City Manager at the end of business on the tenth day.

D. Nothing in this provision is deemed to circumvent or supersede the provisions of Government Code Section 900 et seq. If the claim is subject to time constraints which the claimant believes would preclude usage of this appeal section, the claimant must provide the City with notice of its refusal to utilize the appeal process, so that the City may have an opportunity to determine if it is willing to waive any time constraints which cause the claimant concern. If the City fails to issue written response within two weeks, the claimant may proceed to enforce its claim in superior court without a response from the City.

E. Nothing in this appeal section permits a claimant to file a claim or action on behalf of a class or group unless done so in accordance to the requirements established by this chapter.

F. All notices under this section may be sent by regular mail, postage prepaid, and shall be deemed to have been received no later than the fifth calendar day following the date of mailing, as established by proof of mailing, i.e., proof of service or return receipt requested.

ATTACHMENT 1
92 ORDINANCE NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

AN ORDINANCE COMBINING AND AMENDING LIVERMORE MUNICIPAL CODE CHAPTER 3.40 CLAIMS ADMINISTRATION AND CHAPTER 3.42 CLAIMS AND

DEMANDS AGAINST THE CITY AND REVISING THE SPECIAL CLAIMS

PROCEDURES AND DELEGATIONS OF AUTHORITY
Livermore Municipal Code Chapter 3.40 Claims Administration and Chapter 3.42 Claims and Demands Against the City establish special claims procedures. They also delegate authority to the City Attorney to reject government claims, and authority to the City Manager and City Attorney to settle claims.

This ordinance combines those two chapters and makes further amendments. The additional amendments more clearly define the authority delegated to staff to process government claims. They also delegate additional settlement authority to staff members and increase the settlement authority shared by the City Manager and City Attorney from $100,00 to $200,000 to reflect the City Council’s increased contract authority delegated to the City by Ordinance 2159, as well as to include concurrence by the Risk Manager to settle claims and litigation up to that amount.

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

Section 1. Authority. This ordinance is adopted pursuant to the City’s police power authority established in section 7, article XI of the California Constitution, and California Government Code 935, 935.2, 935.4 and 949, and as set forth in language for the Livermore Municipal Code in Exhibit A, attached hereto.

Section 2. Purpose. This ordinance makes several changes to the Livermore Municipal Code Chapter 3.40 Claims Administration to incorporate portions of Chapter

3.42 and to update the delegations of authority by the City Council to specified staff members to process claims against the City for money and damages, and to update the delegations of authority to staff to settle or compromise claims and legal actions, as well as to settle or compromise workers’ compensation claims and claims by the City against others for money or damages.

Section 3. Amendment – Municipal Code. The Livermore Municipal Code Chapter 3.40 Claims Administration is hereby amended to read as set forth in Exhibit A, attached hereto.

Section 4. Amendment – Municipal Code. The relevant portions of Livermore Municipal Code Chapter 3.42 Claims and Demands Against the City having been combined into Chapter 3.40 by Section 3 above, is hereby deleted from the Livermore Municipal Code.
93 ORDINANCE NO. ________
Section 5. 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 6. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.

Section 7. Publication. This ordinance shall be published once in a newspaper of general circulation of the City of Livermore within fifteen days after its adoption.

Section 8. 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 September 23, 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/ Jason R. Alcala
Deborah L. Elam Jason R. Alcala
Acting City Clerk City Attorney
Exhibit A - Chapter 3.40 Claims Administration
94 Chapter 3.40

CLAIMS ADMINISTRATION
Sections:

3.40.010 General.

3.40.020 Purpose and intent

3.40.030 Claims against City for money and damages

3.40.040 Special claims procedures.

3.40.050 Delegation of claim functions.

3.40.060 Delegation of settlement authority.

3. 40.010 General.

The general claims procedures applicable to local public agencies, including this City, are governed by the provisions of Part 3 Claims Against Public Entities in Division 3.6 Claims and Actions Against Public Entities and Public Employees (commencing with Section 900) of the California Government Code.

3.40.020 Purpose and intent.

3.40.030 Claims against City for money and damages.

A. It is the intent of this chapter that all claims and demands against the City for money or damages not otherwise governed by the Tort Claims Act, California

EXHIBIT A
95 Government Code Section 900 et seq., or another state law, shall be presented within the time and in the manner as if the time and manner had been prescribed in Division

3.6 Claims Against Public Entities of the California Government Code (commencing with Section 900 thereof).

3.40.040 Special claims procedures.

Such claims shall be further subject to the provisions of Sections 945.3, 945.4, 945.6, and 946 of the California Government Code related to the prohibition of suits in the absence of the presentation of claims and action thereon by the City. This procedure for claims is adopted pursuant to California Government Code Section 935 as a prerequisite to suit thereon.

3.40.050 Delegation of claim functions.

A. Claim Processing. The Risk Manager is hereby authorized and responsible for the following functions on behalf of the City for claims presented to the City:

1. Evaluating and providing notice, pursuant to California Government Code Section 910.8 and this Chapter, the sufficiency of claims as presented to determine if they substantially comply with the requirements in California Government Code Sections 910 through 910.4 and this Chapter;

2. Evaluating and providing notice of the timeliness of claims as presented pursuant to California Government Code Section 911.3 and this Chapter;

EXHIBIT A
96 3. Acting and providing notice on claims pursuant to California Government Code Section 912.6 and this Chapter to either reject, allow, reject a portion and allow a portion, compromise in whole or in part any claim consistent with the authorities set forth in LMC section 3.40.060; and,

3.40.060 Delegation of settlement authority.

Authority to settle claims presented to the City is vested in the City Council, except as delegated in this section.

A. Authority to settle claims presented to the City is hereby delegated pursuant to California Government Code Sections 935.2 and 935.4 as follows:

1. T he Risk Manager is hereby delegated authority to allow, reject a portion and allow a portion, and to compromise in whole or in part any claim in an amount not to exceed $25,000;

2. The City Attorney is hereby delegated authority to allow, reject a portion and allow a portion, and to compromise in whole or in part any claim in an amount not to exceed $50,000; and,

B. T he City Manager, City Attorney, and Risk Manager are hereby delegated collective authority pursuant to California Government Code Sections 949 to

EXHIBIT A
97 compromise or settle in whole or in part any legal action against the City for money or damages in an amount not to exceed $200,000. Absent agreement by all three persons, the action may only be settled by the City Council.

C. The City Attorney is hereby delegated authority to compromise or settle workers’ compensation claims regardless of the amount but subject to budget appropriation.

EXHIBIT A
98 CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

September 23, 2024
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the Montage Trail Connection to Collier Canyon Road Project 2019-44.

RECOMMENDED ACTION

SUMMARY
On January 22, 2024, City Council awarded the contract for construction of the Montage Trail Connection to Collier Canyon Road Project to Gradetech, Inc. The contract was substantially completed on July 3, 2024, and can be accepted for permanent maintenance. The process to release the contractor's bonds can begin.

DISCUSSION
The Montage Trail Connection to Collier Canyon Road project consisted of trail improvements to connect the west end of the existing Montage Trail to Collier Canyon Road, which included installation of new paved off-road asphalt concrete and on-road concrete trail, sidewalk, curb and gutter, curb ramps and replacement of existing curb ramps to comply with current Americans with Disabilities Act regulations, new landscaping, and traffic lane striping and signage, crosswalks, buffered bike lanes and other auxiliary work. The project was located on Collier Canyon Road and Las Positas College's Campus Loop Road, as shown in Attachment 1 - Location Map. The project was completed in accordance with the contract documents in a manner acceptable to the City Engineer.

At time of award, the contractor provided a faithful performance bond guaranteeing completion of the project, and that bond must now be released. Six months after the date of the resolution accepting the project, the labor and materials bond guaranteeing the improvements should be reduced to an amount equal to any claims filed and of which notice has been given. The balance of the bond will be released 99 upon the settlement of all claims and obligations for which the security was given. There are no known claims at this time. The security for the guarantee and warranty of work shall remain in effect for one year from the date of the resolution.

FISCAL AND ADMINISTRATIVE IMPACTS

The original construction contract amount was $394,216, plus a 10% percent contingency for change orders for a total contract budget of $433,637. The final contract amount was $404,435, which is less than 2.6% percent above the original contract based on final bid item quantities and three change orders.

The total value of change orders was $10,219 which consisted primarily of additional aggregate base for the asphalt trail and additional striping not indicated on the plans. The unused $29,202 contract balance will be proportionally returned to the original funding sources.

Funding sources for this project are Gas Tax - SB1 (Fund 651) and Measure BB - Bike/Pedestrian (Fund 687).

Additional operation, maintenance, and replacement costs for this short trail segment will be approximately $500 per year and will be funded with Measure BB - Bike/Pedestrian (Fund 687).

COMMUNITY PILLAR

5: A City That Works

GOAL

14: Develop, operate, and maintain the City's infrastructure.

ATTACHMENTS

1. Location Map

2. Resolution

3. Exhibit A - Notice of Completion

Prepared by: Mike Davis
Associate Engineering Technician

ISABEL AVEPORTOLA AVEGATEWAY AVECONSTITUTION DR

CAMPUS LOOP
ATTACHMENT 1
101
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING ACCEPTANCE FOR PERMANENT MAINTENANCE,

RELEASE OF THE SECURITY BONDS, AND EXECUTION OF A NOTICE OF

COMPLETION
(Montage Trail Connection to Collier Canyon Road Project 2019-44) The City Engineer of the City of Livermore (“City”) has filed with the City Clerk a report in writing that all work on the Montage Trail Connection to Collier Canyon Road Project 2019-44 (“Project”), has been completed to City standards. The Project is ready for acceptance by the City of Livermore for routine maintenance.

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

1. The faithful performance bond guaranteeing the Project is hereby released;

2. The labor and materials bond guaranteeing the Project shall, six months after the date of this resolution, be reduced to an amount equal to the amount of all claims filed and of which notice has been given. The balance of the bond shall be released upon the settlement of all such claims and obligations for which the security was given;

3. The security for the guarantee and warranty of work shall remain in effect for one year from the date of this resolution. The contractor is required to reconstruct any deficiencies that occur and to repair or replace defective materials during the maintenance period;

4. The City hereby accepts the improvements; and

5. The City Manager is authorized to sign the Notice of Completion, a copy of which is attached hereto as Exhibit A, and incorporated by this reference.

On motion of Council Member _______________________, seconded by Council Member _______________, the foregoing resolution was passed and adopted on September 23, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
102
RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
Acting City Clerk Assistant City Attorney
Exhibit A – Notice of Completion
103

EXHIBIT A
104

CITY COUNCIL STAFF REPORT
ITEM NO. 5.6

DATE:

September 23, 2024
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing execution of first amendments to the agreements with Daniel B.

Valiao and East Bay Municipal Consulting, LLC for on-call engineering map and plan review services for development projects and capital improvement projects, increasing the not-to-exceed amounts of each agreement from $400,000 to $800,000 and extending the contract terms through December 31, 2026.

RECOMMENDED ACTION

SUMMARY
The proposed contract amendments with Daniel B. Valiao and East Bay Municipal Consulting, LLC will authorize continued on-call engineering plan review services, technical assistance, and coordination assistance with developers and agencies for development and capital improvement projects. These first amendments to the professional services agreements with Daniel B. Valiao and East Bay Municipal Consulting, LLC will increase the maximum limits of both contracts by $400,000 and extend the term of the agreements through December 31, 2026.

DISCUSSION
For the past twelve years, the City of Livermore (City) has hired engineering consultants to assist the Engineering Division with development engineering tasks during workload surges. Their services include assisting staff in the review of development entitlement applications and identifying conditions of approval, improvement plan and final map review, legal description review, design improvement projects, encroachment permit processing, and assorted traffic and general engineering services.

The Engineering Division requires multiple engineering consultants to assist in performing timely 105
development reviews during workload surges. The workload related to development review fluctuates and the support of consultants allows the Engineering Division to provide quality reviews and timely customer service to the public, developers, and City staff. The consultants were shortlisted from a Request for Qualifications/Proposals. The professional services agreements provide plan review services, technical assistance, and coordination with developers and agencies for both development and capital improvement projects. These agreements authorize the City Engineer to approve work tasks related to the contract within the overall budget amount.

On April 12, 2023, the City entered professional services agreements with Daniel B. Valiao and East Bay Municipal Consulting, LLC to provide professional plan review services. The agreements were for a two- year term with a not-to-exceed contract amount of $400,000 each, which were based on the anticipated workload at that time. The need for services from Daniel B. Valiao and East Bay Municipal Consulting, LLC have increased over the last two years with all of the development applications in the Isabel Neighborhood Plan. For these reasons, staff recommends amending the Daniel B. Valiao and East Bay Municipal Consulting, LLC agreements to increase the not-to-exceed amount from $400,0000 to $800,000 each and extend the term of the agreements through December 31, 2026.

FISCAL AND ADMINISTRATIVE IMPACTS

The estimated cost for the amount of work needed under each amendment is $400,000, totaling to $800,000 and will be expended over two years. Funding for the services to be provided under these agreements are included in the Engineering operating budget for consultant services in Fiscal Years 2023-2025. The City receives plan check fees from developers to offset these costs.

COMMUNITY PILLAR

2: Economy That Prospers

GOAL

5: Facilitate the development of commercial and industrial projects that provide high-quality local jobs and support a diverse local economy

ATTACHMENTS

1. Resolution

2. Exhibit A - First Amendment with Daniel B. Valiao

3. Exhibit B - First Amendment with East Bay Municipal Consulting

Prepared by: Jarrett Rasmussen
Junior Engineer

106
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
107
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF FIRST AMENDMENTS TO THE AGREEMENTS WITH DANIEL B. VALIAO AND EAST BAY MUNICIPAL

CONSULTING, LLC FOR ON-CALL ENGINEERING MAP AND PLAN REVIEW

SERVICES FOR DEVELOPMENT PROJECTS AND CAPITAL IMPROVEMENT

PROJECTS, INCREASING THE NOT-TO-EXCEED AMOUNTS OF EACH
AGREEMENT FROM $400,000 TO $800,000 AND EXTENDING THE CONTRACT TERMS THROUGH DECEMBER 31, 2026
On April 12, 2023, the City of Livermore (“City”) entered into professional services agreements with Daniel B. Valiao and East Bay Municipal Consulting, LLC (“Consultants”) for on-call development plan check and engineering review services (“Original Agreement”).

The City has encountered a need for increased development review services from the Consultants and requires additional compensation and time to complete the work.

The City now desires to amend the Original Agreements to increase the not-to- exceed amounts for each agreement from $400,000 to $800,000 and extend the contract terms through December 31, 2026.

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 First Amendment to the Professional Services Agreement with Daniel B. Valiao, attached hereto as Exhibit A, increasing the not-to-exceed amount from $400,000 to $800,000 and extending the contract term through December 31, 2026;

2. Authorizes the City Manager to execute a First Amendment to the Professional Services Agreement with East Bay Municipal Consulting, LLC, attached hereto as Exhibit B, increasing the not-to-exceed amount from $400,000 to $800,000 and extending the contract term through December 31, 2026; and

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.

On motion of Council Member __________________________, seconded by Council Member __________________________, the foregoing resolution was passed and adopted on September 23, 2024, by the following vote:
108
RESOLUTION NO. ________
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- First Amendment with Daniel B. Valiao
Exhibit B- First Amendment with East Bay Municipal Consulting, LLC 109
Amendment - Professional Services Agreement Page 1
Rev. 09/19/23

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
T
HIS FIRST AMENDMENT is made and entered into this ____ day of ________, 2024, by and between the City of Livermore (“City”), a municipal corporation, and Daniel B. Valiao (“Consultant”), a private person.

RE
CITALS
On
April 12, 2023, City and Consultant entered into an agreement for Consultant to provide professional on- call engineering map and plan review, including planning entitlements, public improvements, and related calculations for various development assignments and miscellaneous City capital improvement project services to City (“Original Agreement”). Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

C
ity and Consultant desire to amend the Original Agreement to increase the total compensation by $400,000 and extend the termination da te from June 30, 2025 to December 31, 2026. The current scope of work remains in effect. This is the first amendment to the Original Agreement.

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

1. T
he Original Agreement is amended as follows:

A. S
ection 5(a) of the Original Agreement is amended to read as follows:

Compensation and Payment. The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $8 00,000 ("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” to the Original Agreement, 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. S
ection 6 of the Original Agreement is amended to read as follows:

Term. The term of this Agreement commences on March 1, 2023, and terminates upon the completion of the Services or December 31 , 202 6, Docusign Envelope ID: 673EDFB3-EDEA-4C0B-91BD-9D0F44AB7B4A

EXHIBIT A

Page 1 of 3 ends

110
Amendment - Professional Services Agreement Page 2
Rev. 09/19/23
whichever occurs first.

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

3. E
xcept as amended above, the Original Agreement remains in full force and effect.

Docusign Envelope ID: 673EDFB3-EDEA-4C0B-91BD-9D0F44AB7B4A

EXHIBIT A

Page 2 of 3 ends

111
Amendment - Professional Services Agreement Page 3
Rev. 09/19/23
I
n concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement effective on the date first written above.

CO
NSULTANT: Dated:
___
_________________________ ___________________________
Daniel B. Valiao
Consultant
C
ITY OF LIVERMORE: Dated:
___
_________________________ ____________________________
Marianna Marysheva
City Manager
APPR
OVED AS TO FORM:
___
________________________
Deputy/Assistant/City Attorney
APPR
OVED AS TO INSURANCE:

Risk Manager/Analyst
Docusign Envelope ID: 673EDFB3-EDEA-4C0B-91BD-9D0F44AB7B4A 8/23/2024 | 10:44 AM PDT

EXHIBIT A

Page 3 of 3 ends

112
Amendment - Professional Services Agreement Page 1
Rev. 09/19/23

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT is made and entered into this ____ day of ________, 2024, by and between the City of Livermore (“City”) , a municipal corporation, and East Bay Municipal Consulting, LLC (“Consultant”), a sole proprietorship.

RECITALS
On April 12, 2023, City and Consultant entered into an agreement for Consultant to provide professional on-call engineering map and plan review, including planning entitlements, public improvements, and related calculations for various development assignments and miscellaneous City capital improvement project services to City (“Original Agreement”). Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

City and Consultant desire to amend the Original Agreement to increase compensation by $400,000 and extend the term ination date from June 30, 2025 to December 31, 2026. The current scope of work remains in effect. This is the first amendment to the Original Agreement.

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

1. The Original Agreement is amended as follows:

A. Section 5(a) of the Original Agreement is amended to read as follows:

Compensation and Payment . The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $800,000 ("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” to the Original Agreement, up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts or travel expenses are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.

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

Term. The term of this Agreement commences on March 1, 2023, and terminates upon the completion of the Services or December 31, 202 6, whichever occurs first.

Docusign Envelope ID: 5D7C6B11-0E74-4A20-9668-4245CC610741

EXHIBIT B

Page 1 of 3 ends

113
Amendment - Professional Services Agreement Page 2 Rev. 09/19/23

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

3. Except as amended above, the Original Agreement remains in full force and effect.

Docusign Envelope ID: 5D7C6B11-0E74-4A20-9668-4245CC610741

EXHIBIT B

Page 2 of 3 ends

114
Amendment - Professional Services Agreement Page 3 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:

____________________________ ___________________________ Bashir Anastas
Principal

CITY OF LIVERMORE: Dated:

____________________________ ____________________________ Marianna Marysheva
City Manager

APPROVED AS TO FORM:

___________________________
Deputy/Assistant/City Attorney

APPROVED AS TO INSURANCE:

Risk Manager/Analyst

Docusign Envelope ID: 5D7C6B11-0E74-4A20-9668-4245CC610741 8/22/2024 | 7:03 PM PDT

EXHIBIT B

Page 3 of 3 ends

115

CITY COUNCIL STAFF REPORT
ITEM NO. 5.7

DATE:

September 23, 2024
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing execution of on-call utility engineering services agreements with Carollo Engineers, Inc., HDR Engineering, Inc., and Schaaf & Wheeler in amounts not- to-exceed $500,000 each with terms ending December 31, 2027.

RECOMMENDED ACTION

SUMMARY
The City of Livermore (City) has the need for consultants to perform engineering services for utility- related projects including assistance with project planning, engineering analysis and technical support, design, and construction implementation support.

The proposed engineering services agreements will provide on-call utility engineering services through December 31, 2027 to support utility-related capital improvement projects. The contracts for each consultant have total not-to-exceed amounts as follows:

Carollo Engineers, Inc. $500,000
HDR Engineering, Inc. $500,000
Schaaf & Wheeler $500,000

In addition, staff is establishing a list of consultants that are pre-qualified for current and upcoming utility- related capital improvement projects. This process reduces the time to obtain consultants for individual projects.

DISCUSSION
The City has the need for consultants to perform engineering services for utility-related projects, including water, wastewater, and stormwater projects associated with the City’s Capital Improvement 116
Plan (CIP), subsequent updates to the CIP program, and Engineering Division operational support.

These services include assistance with project planning, engineering analysis and technical support, design, and construction implementation support. For example, some of the ongoing and future projects that are anticipated to be under the scope of the on-call engineering services and the pre-qualified list of consultants for project-specific support include but are not limited to the following projects as approved in the City's Fiscal Year 2023-2028 5-Year Capital Improvements Plan:

CIP 2022-03 - Annual Sewer Replacement
CIP 2022-17 - WRP Phase 2 Primary and Secondary Treatment Improvements Phase 2 CIP 2023-15 - WRP Digester Heating Loop Replacement
CIP 2024-12 - Altamont Tank Recoating

Staff issued a request for qualifications (RFQ) for firms interested in providing engineering services on utility projects. The purpose of this process was to receive statements of qualifications (SOQs) from multiple consultants and based on review of these qualifications, establish the following:

Engineering services agreements on an on-call basis for as-needed tasks related to the City’s utility infrastructure, including water, wastewater, and stormwater elements.

A list of pre-qualified consultants eligible for award of individual engineering design agreements for specific ongoing and/or future water, wastewater, and stormwater capital improvement projects.

Seven statements of qualification were received from the following firms:

Consultant Name
City
Black and Veatch Corporation
Walnut Creek, CA
Carollo Engineers, Inc.

Walnut Creek, CA
GHD
San Francisco, CA
HDR Engineering, Inc.

Walnut Creek, CA
Lee+Ro, Inc.

Walnut Creek, CA
Ruggeri-Jensen-Azar
Pleasanton, CA
Schaaf & Wheeler
Santa Clara, CA

The selection committee reviewed the SOQs and recommended the following top-rated consultants to perform engineering services on an on-call basis:

Consultant Name
Service
Carollo Engineers, Inc.

Utility Engineering (wastewater emphasis)
HDR Engineering, Inc
Utility Engineering and Hydraulic Analysis (water
emphasis)
Schaaf & Wheeler
Utility Engineering and Hydraulic Analysis
(stormwater emphasis)

In addition, the selection committee reviewed the SOQs and pre-qualified each of the consultants for engineering design services for ongoing and future utility-related capital improvement projects:

Black and Veatch Corporation, Walnut Creek, CA
Carollo Engineers, Inc., Walnut Creek, CA
GHD, San Francisco, CA
117
HDR Engineering, Inc., Walnut Creek, CA
Lee+Ro, Inc., Walnut Creek, CA
Ruggeri-Jensen-Azar, Pleasanton, CA
Schaaf & Wheeler, Santa Clara, CA

These consultants can be selected for current and upcoming utility projects through December 31, 2027 without circulating additional requests for proposals. The selections balance qualifications, interest, and coverage in the City’s key utility engineering service areas, including sewer, water, and stormwater management, conveyance (pumps and pipelines), treatment process, electrical support, and hydraulic analysis and modeling.

FISCAL AND ADMINISTRATIVE IMPACTS

The on-call agreements will commence upon approval by the City Council and terminate December 31, 2027. The contracts for each of the on-call consultants have total not-to-exceed amounts as follows:

Carollo Engineers, Inc. $500,000
HDR Engineering, Inc. $500,000
Schaaf & Wheeler $500,000

Contracts for specific capital projects will be executed at the time the capital project is initiated and in accordance with the approved budget.

The services rendered under these agreements will be charged to the various capital improvement projects, developer fees for various development projects for which consultant services are required, and the Engineering and Water Resource Division’s operating budgets for miscellaneous consultant services.

The City Engineer will approve work related to these contracts only within the overall adopted budget amounts.

COMMUNITY PILLAR

1: A Safe Community That Thrives

GOAL

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

GUIDING DOCUMENT
2023-2028 Capital Improvement Plan

ATTACHMENTS

1. Resolution

2. Exhibit A - Carollo Engineers, Inc. Agreement

3. Exhibit B - HDR Engineering, Inc. Agreement
118

4. Exhibit C - Schaaf & Wheeler Agreement

Prepared by: Vincent Sendaydiego
Junior Engineer

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF ON-CALL UTILITY AGREEMENTS WITH CAROLLO ENGINEERS, INC., HDR ENGINEERING, INC., AND SCHAAF &

WHEELER, CONSULTING CIVIL ENGINEERS IN AMOUNTS NOT-TO-EXCEED $500,000 EACH AND TERMS ENDING DECEMBER 31, 2027
The City of Livermore (“City”) requires consultants to perform engineering services for utility projects, including water, wastewater, and stormwater projects associated with the City’s Capital Improvement Plan (CIP), subsequent updates to the CIP program, technical studies, and engineering operational support. These services include assistance with project planning, engineering analysis and technical support, design, and construction support (the “Services”).

City staff sent out Requests for Proposals to firms interested in on-call engineering services contracts and being on a pre-qualification list for future capital improvement projects. Seven Statements of Qualifications were received. After review, City staff rated three engineering firms as the most qualified for On-Call Utility Engineering Services agreements and staff rated each of the seven engineering firms as pre-qualified for selection for utility-related capital improvement projects.

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

1. Authorizes the City Manager to execute an engineering services agreement with Carollo Engineers, Inc., attached hereto as Exhibit A, in an amount not-to- exceed $500,000, to provide utility engineering services on an on-call basis;

2. Authorizes the City Manager to execute an engineering services agreement with HDR Engineering, Inc., attached hereto as Exhibit B, in an amount not-to- exceed $500,000, to provide utility engineering services on an on-call basis;

3. Authorizes the City Manager to execute an engineering services agreement with Schaaf & Wheeler, Consulting Civil Engineers, attached hereto as Exhibit C, in an amount not-to-exceed $500,000, to provide utility engineering services on an on-call basis; and

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

On motion of Council Member , seconded by
Council Member , the foregoing resolution was passed and adopted on September 23, 2024, by the following vote:
120
RESOLUTION NO. ________
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 – Carollo Engineers, Inc. Agreement
Exhibit B – HDR Engineering, Inc. Agreement
Exhibit C – Schaaf & Wheeler, Consulting Civil Engineers Agreement 121
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ENGINEERING SERVICES AGREEMENT

ON AN ON-CALL BASIS
THIS AGREEMENT is made and entered into this ____ day of ________, 2024, (“Effective Date”) by and between the City of Livermore, a municipal corporation (“City”), and Carollo Engineers , Inc. , a Delaware corporation licensed and registered to do business in California (“Consultant”).

RECITALS
City requires on-call engineering services for utility projects associated with the City's Capital Improvements Program (CIP) , subsequent updates to the program, and Engineering operational support.

Consultant 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.

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 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 engineering services as more particularly set forth in Exhibit “A” (collectively “the Services”):

Provide on-call engineering services for utility projects associated with the City's Capital Improvements Program (CIP) , subsequent updates to the program, and Engineering operational support. Services shall include assistance with project planning, engineering analysis and technical support, design, and construction implementation support.

These services shall be ordered as needed pursuant to individual written project assignment orders issued by the City and approved by the City Engineer. Project assignments will include a scope of work and budget to provide standards to determine Docusign Envelope ID: 9625AA16-1D01-46D6-9923-516AA4613764

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when City will deem that project complete. City also reserves the right not to order any services or expend any money pursuant to this Agreement.

4. Consultant Responsibilities. Consultant shall:
(a) Consultant shall investigate and verify all existing site conditions for the Project and take them into account when preparing the Project’s design even when "As Built" or "Record Drawings" are used by Consultant.
(b) Consultant shall review and respond to construction submittals and shop drawings within fourteen (14) calendar days following their receipt by Consultant; requests for information with comments noted thereon shall be reviewed and responded to within seven (7) working days following their receipt by the Consultant. (c) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;
(d) Provide the resources necessary to complete the Services in a timely manner;
(e) Obtain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
(f) 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;
(g) Comply with all laws in effect that are related to Consultant and the Services;
(h) Coordinate the Services with Vincent Sendaydiego (“Project Manager”), or such other person designated as the Project Manager by City; (i) 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;
(j) 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 month; (k) 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 invoices 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 Docusign Envelope ID: 9625AA16-1D01-46D6-9923-516AA4613764

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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;
(l) Prepare and submit a written report to the Project Manager, with each invoice and when requested in writing by the Project Manager, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services; and,
(m) Consultant shall correct, at its own expense, all errors in the Services.

Should Consultant fail to make such corre ction in a timely manner, City may make the correction and charge the cost thereof to Consultant.
(n) 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 o f $500,000 ("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 the Effective Date and terminates upon the depletion of funds or December 31, 2027, 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 S ervices except where necessary to preserve the benefit of the work, and 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 6.

8. Ownership of Documents. All drawings, designs, data, photographs, reports and any and every other type of items prepared or obtained by Consultant in the performance Docusign Envelope ID: 9625AA16-1D01-46D6-9923-516AA4613764

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of the Services under this Agreement shall be the property of the City and Consultant shall deliver them to City upon demand . The Consultant shall assume no responsibility for the unintended use by others of any such documents, information, or materials on project(s) which are not related to the scope of the Services described under this Agreement.

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 fo r 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. Indemnity and Defense.
(a) Definitions. When used in this “Indemnity and Defense” section, these terms have the following meaning:
(1) “City,” means the City, its elected officials, officers, directors, employees, agents, or designated volunteers.
(2) “Design Professional,” means licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors and the business entities which offer such services in accordance with the provisions of the California Business and Professions Code listed at California Civil Code, section 2782.8, upon which Consultant relies to meet the obligations of, or perform work pursuant to, this Agreement.
(3) “Non-Design Professional,” means any person or entity upon which Consultant relies to meet the obligations of, or perform work pursuant to, this Agreement who or which is not a Design Professional.
(4) “Loss,” or “Losses,” mean all claim for or actual loss, liability, damage, cost, and expense including but not limited to reasonable attorney, consultant and expert fees, and court costs arising out of or in connection with Consultant’s obligation or work to perform this Agreement including the City’s active or passive negligence, except for such Loss arising from the sole negligence or willful misconduct of the City.

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(b) Non-Design Professional Services . Consultant shall defend, indemnify, and hold harmless the City from and against any alleged Loss arising out of, pertaining to, or relating to, the services of any Non-Design Professional. (c) Design Professional Services. For an alleged Loss that solely arises out of, pertains to, or relates to, the services of a Design Professional, Consultant shall defend and indemnify the City solely for such Losses due to the negligence, recklessness, or willful misconduct of the Desi gn Professional(s) as allowed by application of California law, including California Civil Code, section 2782.8, as written on the effective date of this Agreement and according to applicable judicial interpretations. (d) Mixed Services. If an alleged Loss arises out of, pertains to, or relates to both the services of a Design Professional and a Non -Design Professional, Consultant shall defend City against the claimed Loss and shall indemnify and hold harmless City from all Losses alleged against the Non-Design Professional combined with any Losses allegedly due to the negligence, recklessness, or willful misconduct of any Design Professional.

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 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 th at 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 Cons ultants’ financial interest. While it is Consultant’s sole Docusign Envelope ID: 9625AA16-1D01-46D6-9923-516AA4613764

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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.

19. 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 los t 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.

20. 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 m ust present a written claim to City in accordance with Chapter 3.42 of the Livermore Municipal Code.

21. 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.

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:

TO CITY: Attention: City Engineer
CC: Project Manager
City Administration Building
City of Livermore
1052 S. Livermore Avenue
Livermore, California 94550
TO CONSULTANT: Attention: Rick Chan
Carollo Engineers, Inc.
2795 Mitchell Drive
Walnut Creek, CA 94598
Docusign Envelope ID: 9625AA16-1D01-46D6-9923-516AA4613764

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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. Counterparts. This 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.

26. Governing Law . This Agreement is governed by California law. Consultant consents to the exclusive jurisdiction and venue of the state and federal courts of Alameda County, California.
*************************************************************************************************** Signatures and Attachment List on the Next Page
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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.

Dated:
___________________________
___________________________
Dated:
____________________________
CONSULTANT:
____________________________
By: Rick Chan
Title: Senior Vice President
___________________________
By: Anne Prudhel
Ti
tle: Executive Vice President
CITY OF LIVERMORE:
____________________________
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
Docusign Envelope ID: 9625AA16-1D01-46D6-9923-516AA4613764 8/1/2024 | 10:33 AM PDT
8/1/2024 | 10:20 AM PDT

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1 EXHIBIT A

ENGINEERING SERVICES FOR UTILITY PROJECTS
Engineering Services shall include the following:

1. Assist with project scoping and budgeting.

2. Support master planning, process improvement development, alternative analysis and feasibility assessment, life cycle studies, and design development.

3. Provide technical expertise related to the following:
a) Structural engineering.
b) Architectural analysis and design.
c) Electrical, instrumentation, and controls engineering. d) Treatment process engineering.
e) Fluid conveyance.
f) Mechanical engineering related to pumping, piping, blower, and HVAC systems.

Technical support will include reviewing City-provided materials, participating in onsite and teleconferences, and documenting findings, conclusions, and recommendations via email correspondence and technical memoranda.

4. Engineering design support services including the following:
a) Condition assessment of existing equipment/structures. b) Structural analysis.
c) Compatibility of materials.
d) Coating analysis and corrosion inspections.
e) Geotechnical investigation and engineering services. f) Surveying, potholing, and utility location services. g) Traffic control planning support.
h) Environmental and regulatory permitting support.
i) Project delivery/funding assistance.

5. Product recommendations and cost estimates, including vendor coordination and preparation of technical specifications.

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In addition to these more specific service requests described above, Consultants must also provide the following general services:

1. Engineering analysis, including:
a) Calculations.
b) Alternative development.
c) Feasibility assessment.
d) Improvement recommendations and project scoping and budgeting.

2. Development of construction documents, including:
a) Drawings.
b) Technical specifications.
c) Construction sequencing/constraints.
d) Commissioning procedures and processes.
e) Construction cost estimates.
f) Project schedules.

3. Bid phase and construction phase support services, including:
a) Bid review.
b) Addendum and conformed drawing preparation.
c) RFI processing.
d) Submittal processing.
e) Construction inspection.
f) Contractor payment request review.
g) Record drawing preparation.

4. Engineering review services such as peer reviews of studies and design documents.

5. Extensive knowledge of and capability in using AutoCAD to prepare construction drawings. All AutoCAD files provided to the City are to be compatible with the latest version of AutoCAD used by the City.

Docusign Envelope ID: 9625AA16-1D01-46D6-9923-516AA4613764

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CITY OF LIVERMORE / ENGINEERING SERVICES FOR UTILITY PROJECTS 18 CAROLLO / QUALIFICATIONS / MAY 2024
B:\Pursuits\Client80(WCO)\Livermore\On-CallEngSvcs2024\Indd\05-Fee Schedule Fee Schedule
Carollo Engineers, Inc.

Fee Schedule
Valid through
June 30, 2025
Category Hourly Rate
Engineers/Scientists
Assistant Professional $221.00
Professional $251.00
Lead Profesional $285.00
Project Professional $309.00
Lead Project Professional $333.00
Senior Professional $360.00
Technicians
Technicians $183.00
Lead Technicians $207.00
Senior Technicians $228.00
Support Staff
Document Processing $158.00
Senior Project Services $195.00
Other Direct Expenses
Travel and Subsistence at cost
Mileage at IRS Reimbursement Rate
Effective January 1, 2024 $0.67 per mile
Subconsultant cost + 10%
Other Direct Cost cost + 10%
Expert Witness Rate x 2.0
Rates are subject to an anuual increase of up to 5% with the first increase in July 2025.

Docusign Envelope ID: 9625AA16-1D01-46D6-9923-516AA4613764

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EXHIBIT B
INS

URANCE 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/$10,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability:
$2,000,000 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:
$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.

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: 9625AA16-1D01-46D6-9923-516AA4613764

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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.

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ENGINEERING SERVICES AGREEMENT

ON AN ON-CALL BASIS
THIS AGREEMENT is made and entered into this ____ day of ________, 2024, (“Effective Date”) by and between the City of Livermore, a municipal corporation (“City”), and HDR Engineering, Inc., a Nebraska corporation licensed and registered to do business in California (“Consultant”).

RECITALS
City requires on-call engineering services for utility projects associated with the City’s Capital Improvements Program (CIP), subsequent updates to the program, and Engineering operational support.

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

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

Provide on-call engineering services for utility projects associated with the City's Capital Improvements Program (CIP) , subsequent updates to the program, and Engineering operational support. Services shall include assistance with project planning, hydraulic analysis, engineering analysis and technical support, design, and construction implementation support.

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when City will deem that project complete. City also reserves the right not to order any services or expend any money pursuant to this Agreement.

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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;
(l) Prepare and submit a written report to the Project Manager, with each invoice and when requested in writing by the Project Manager, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services; and,
(m) Consultant shall correct, at its own expense, all negligent errors in the Services. Should Consultant fail to make such corre ction in a timely manner, City may make the correction and charge the cost thereof to Consultant. (n) 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.

6. Term. The term of this Agreement commences on the Effective Date and terminates upon the depletion of funds or December 31, 2027, whichever occurs first.

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of the Services under this Agreement shall be the property of the City and Consultant shall deliver them to City upon demand . The Consultant shall assume no responsibility for the unintended use by City or others of any such documents, information, or materials on project(s) which are not related to the scope of the Services described under this Agreement.

Docusign Envelope ID: 6FCFFB6F-2AB7-4304-BAD3-5F5389125EC7

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(b) Non-Design Professional Services . Consultant shall defend, indemnify, and hold harmless the City from and against any alleged Loss arising out of, pertaining to, or relating to, the services of any Non-Design Professional. (c) Design Professional Services. For an alleged Loss that solely arises out of, pertains to, or relates to, the services of a Design Professional, Consultant shall defend and indemnify the City solely for such Losses due to the negligence, recklessness, or willful misconduct of the Desi gn Professional(s) as allowed by application of California law, including California Civil Code, section 2782.8, as written on the effective date of this Agreement and according to applicable judicial interpretations. (d) Mixed Services. If an alleged Loss arises out of, pertains to, or relates to both the services of a Design Professional and a Non -Design Professional, Consultant shall defend City against the claimed Loss and shall indemnify and hold harmless City from all Losses alleged against the Non-Design Professional combined with any Losses allegedly due to the negligence, recklessness, or willful misconduct of any Design Professional.

Consultant shall comply with any changes in the amounts and terms of insurance as may be agreed upon from time-to-time by City’s Risk Manager and Consultant.

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.

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 such third party that would create a conflict of interest and will not perform any future work that would create a conflict of interest.

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responsibility to evaluate its conflicts of interest, the Consultant nevertheless agrees to prepare and file an economic disclosure statement if requested by City.

19. 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.

TO CITY: Attention: City Engineer
CC: Project Manager
City Administration Building
City of Livermore
1052 S. Livermore Avenue
Livermore, California 94550
TO CONSULTANT: Attention: Arthur Xu
HDR Engineering, Inc.
3003 Oak Road, Suite 500
Walnut Creek, CA 94597
Docusign Envelope ID: 6FCFFB6F-2AB7-4304-BAD3-5F5389125EC7

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

CONSULTANT: Dated:
____________________________ ___________________________ By: Holly Kennedy
Title: Senior Vice President
CITY OF LIVERMORE: Dated:
____________________________ ____________________________ Marianna Marysheva
City Manager
APPROVED AS TO FORM:
___________________________
Deputy/Assistant/City Attorney
APPROVED AS TO FORM:

Risk Manager/Analyst
Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements
Docusign Envelope ID: 6FCFFB6F-2AB7-4304-BAD3-5F5389125EC7 8/17/2024 | 9:56 AM PDT

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1 EXHIBIT A

ENGINEERING SERVICES FOR UTILITY PROJECTS
Engineering Services shall include the following:

1. Assist with project scoping and budgeting.

2. Support master planning, process improvement development, alternative analysis and feasibility assessment, life cycle studies, and design development.

5. Product recommendations and cost estimates, including vendor coordination and preparation of technical specifications.

In addition to these more specific service requests described above, Consultants must also provide the following general services:

1. Engineering analysis, including:

Docusign Envelope ID: 6FCFFB6F-2AB7-4304-BAD3-5F5389125EC7

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a
) Calculations.
b) Alternative development.
c) Feasibility assessment.
d) Improvement recommendations and project scoping and budgeting.

4. Engineering review services such as peer reviews of studies and design documents.

Engineering Services for hydraulic analysis shall include the following:

1. Provide extensive knowledge of and capability in using Innovyze software products (i.e. InfoWater, and InfoSewer) for dynamic hydraulic modeling of water, recycled water, and wastewater collection systems.

2. Maintaining the City’s existing hydraulic models.

3. Operating the City’s existing hydraulic models to evaluate the City’s operational and development scenarios.

4. Modifying the City’s existing hydraulic models to incorporate operational and development improvements.

Docusign Envelope ID: 6FCFFB6F-2AB7-4304-BAD3-5F5389125EC7

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EXHIBIT A

FEE SCHEDULE
Docusign Envelope ID: 6FCFFB6F-2AB7-4304-BAD3-5F5389125EC7

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Revised 1/3/2020 B11.5 – 5M E&O

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EXHIBIT B
I

NSURANCE 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:

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: 6FCFFB6F-2AB7-4304-BAD3-5F5389125EC7

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Revised 1/3/2020 B11.5 – 5M E&O

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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.

Docusign Envelope ID: 6FCFFB6F-2AB7-4304-BAD3-5F5389125EC7

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ENGINEERING SERVICES AGREEMENT

ON AN ON-CALL BASIS
THIS AGREEMENT is made and entered into this ____ day of ________, 2024, (“Effective Date”) by and between the City of Livermore, a municipal corporation (“City”), and Schaaf & Wheeler , Consulting Civil Engineers , a California corporation (“Consultant”).

RECITALS
City requires on-call engineering services for utility projects , including water, wastewater, and storm water projects associated with the City's Capital Improvements Program (CIP) , subsequent updates to the program, Development Projects and Engineering operational support.

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

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

Provide on -call engineering services for utility projects, including water, wastewater, and storm water projects associated with the City's Capital Improvements Program (CIP) , subsequent updates to the program, Development projects, and Engineering operational support. Services shall include assistance with project planning, hydraulic analysis, and engineering analysis and technical support, design, and construction implementation support.

Docusign Envelope ID: F8630B1F-3FD7-44CB-9CEA-408258F9EAD7

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These services shall be ordered as needed pursuant to individual written project assignment orders issued by the 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 also reserves the right not to order any services or expend any money pursuant to this Agreement.

Docusign Envelope ID: F8630B1F-3FD7-44CB-9CEA-408258F9EAD7

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Consultant shall make the invoices 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;
(l) Prepare and submit a written report to the Project Manager, with each invoice and when requested in writing by the Project Manager, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services; and,
(m) Consultant shall correct, at its own expense, all errors in the Services.

6. Term. The term of this Agreement commences on the Effective Date and terminates upon the depletion of funds or December 31, 2027, whichever occurs first.

Docusign Envelope ID: F8630B1F-3FD7-44CB-9CEA-408258F9EAD7

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8. Ownership of Documents. All drawings, designs, data, photographs, reports and any and every other type of items prepared or obtained by Consultant in the performance of the Services under this Agreement shall be the property of the City and Consultant shall deliver them to City upon demand . The Consultant shall assume no responsibility for the unintended use by others of any such documents, information, or materials on project(s) which are not related to the scope of the Services described under this Agreement.

11. Indemnity and Defense.
(a) Definitions. When used in this “Indemnity and Defense” section, these terms have the following meaning:
(1) “City,” means the City, its elected officials, officers, directors, employees, agents, or designated volunteers.
(2) “Design Professional,” means licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors and the business entities which offer such services in accordance with the provisions of the California Business and Professions Code listed at California Civil Code, section 2782.8, upon which Consultant relies to meet the obligations of, or perform work pursuant to, this Agreement.
(3) “Non-Design Professional,” means any person or entity upon which Consultant relies to meet the obligations of, or perform work pursuant to, this Agreement who or which is not a Design Professional.
(4) “Loss,” or “Losses,” mean all claim for or actual loss, liability, damage, cost, and expense including but not limited to reasonable attorney, consultant and expert fees, and court costs arising out of or in connection with Consultant’s obligation Docusign Envelope ID: F8630B1F-3FD7-44CB-9CEA-408258F9EAD7

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or work to perform this Agreement including the City’s active or passive negligence, except for such Loss arising from the sole negligence or willful misconduct of the City. (b) Non-Design Professional Services . Consultant shall defend, indemnify, and hold harmless the City from and against any alleged Loss arising out of, pertaining to, or relating to, the services of any Non-Design Professional. (c) Design Professional Services. For an alleged Loss that solely arises out of, pertains to, or relates to, the services of a Design Professional, Consultant shall defend and indemnify the City solely for such Losses due to the negligence, recklessness, or willful misconduct of the Desi gn Professional(s) as allowed by application of California law, including California Civil Code, section 2782.8, as written on the effective date of this Agreement and according to applicable judicial interpretations. (d) Mixed Services. If an alleged Loss arises out of, pertains to, or relates to both the services of a Design Professional and a Non -Design Professional, Consultant shall defend City against the claimed Loss and shall indemnify and hold harmless City from all Losses alleged against the Non-Design Professional combined with any Losses allegedly due to the negligence, recklessness, or willful misconduct of any Design Professional.

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.

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 th at 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.

Docusign Envelope ID: F8630B1F-3FD7-44CB-9CEA-408258F9EAD7

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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 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.

19. 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.

TO CITY: Attention: City Engineer
CC: Project Manager
City Administration Building
City of Livermore
1052 S. Livermore Avenue
Livermore, California 94550
Docusign Envelope ID: F8630B1F-3FD7-44CB-9CEA-408258F9EAD7

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TO CONSULTANT: Attention: Benjamin Schick
Schaaf & Wheeler, Consulting Civil Engineers
4699 Old Ironsides Drive, Suite 350
Santa Clara, CA 95054

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

CONSULTANT: Dated:
____________________________ ___________________________ By: Glen Anderson
Title: Vice President
____________________________ ___________________________ By: Daniel Schaaf
Title: Vice President
CITY OF LIVERMORE: Dated:
____________________________ ____________________________ Marianna Marysheva
City Manager
APPROVED AS TO FORM:
___________________________
Deputy/Assistant/City Attorney
APPROVED AS TO FORM:

Risk Manager/Analyst
Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements
Docusign Envelope ID: F8630B1F-3FD7-44CB-9CEA-408258F9EAD7 8/6/2024 | 1:38 PM PDT
8/6/2024 | 1:32 PM PDT

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1 EXHIBIT A

ENGINEERING SERVICES FOR UTILITY PROJECTS
Engineering Services shall include the following:

1. Assist with project scoping and budgeting.

2. Support master planning, process improvement development, alternative analysis and feasibility assessment, life cycle studies, and design development.

5. Product recommendations and cost estimates, including vendor coordination and preparation of technical specifications.

In addition to these more specific service requests described above, Consultants must also provide the following general services:

1. Engineering analysis, including:

Docusign Envelope ID: F8630B1F-3FD7-44CB-9CEA-408258F9EAD7

EXHIBIT C

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156
a
) Calculations.
b) Alternative development.
c) Feasibility assessment.
d) Improvement recommendations and project scoping and budgeting.

4. Engineering review services such as peer reviews of studies and design documents.

Engineering Services for hydraulic analysis shall include the following:

2. Maintaining the City’s existing hydraulic models.

3. Operating the City’s existing hydraulic models to evaluate the City’s operational and development scenarios.

4. Modifying the City’s existing hydraulic models to incorporate operational and development improvements.

Docusign Envelope ID: F8630B1F-3FD7-44CB-9CEA-408258F9EAD7

EXHIBIT C
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Fee Schedule
Schaaf & Wheeler 15
Fee Schedule
Personnel Charges
Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project.

Current rates by classification are listed below, with subconsultant rates included in Appendix B:

Classification 2024 2025 2026 2027
Principal Project Manager $295 $304 $313 $322
Senior Project Manager $270 $278 $286 $295
Senior Engineer $250 $258 $265 $273
Associate Engineer $220 $227 $233 $240
Assistant Engineer $200 $206 $212 $219
Junior Engineer $185 $191 $196 $202
Designer $175 $180 $186 $191
GIS Analyst $175 $180 $186 $191
Technician $160 $165 $170 $175
Engineering Trainee $135 $139 $143 $148
Litigation Charges
Court or deposition time as an expert witness is charged at $500 per hour.

Materials and Services
Subcontractors, special equipment, outside reproduction, data processing, computer services, etc., will be charged at 1.10 times cost.

Effective 1/1/24
Docusign Envelope ID: F8630B1F-3FD7-44CB-9CEA-408258F9EAD7

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TJC and Associates, Inc.

Schedule of Hourly Rates and Costs (2024-2027)
Level 2024 2025 2026 2027 Level 2024 2025 2026 2027
Engineer Administrative
E20 348.00$ 362.00 $ 377.00 $ 392.00$ A20 215.00$ 224.00 $ 233.00 $ 242.00$ E19 335.00$ 349.00 $ 363.00 $ 377.00$ A19 205.00$ 213.00 $ 222.00 $ 231.00$ E18 323.00$ 335.00 $ 349.00 $ 363.00$ A18 195.00$ 202.00 $ 210.00 $ 219.00$ E17 310.00$ 322.00 $ 335.00 $ 348.00$ A17 184.00$ 191.00 $ 199.00 $ 207.00$ E16 297.00$ 309.00 $ 321.00 $ 334.00$ A16 174.00$ 180.00 $ 188.00 $ 195.00$ E15 284.00$ 296.00 $ 307.00 $ 320.00$ A15 163.00$ 170.00 $ 176.00 $ 183.00$ E14 271.00$ 282.00 $ 294.00 $ 305.00$ A14 153.00$ 159.00 $ 165.00 $ 172.00$ E13 259.00$ 269.00 $ 280.00 $ 291.00$ A13 142.00$ 148.00 $ 154.00 $ 160.00$ E12 246.00$ 256.00 $ 266.00 $ 277.00$ A12 132.00$ 137.00 $ 142.00 $ 148.00$ E11 233.00$ 242.00 $ 252.00 $ 262.00$ A11 121.00$ 126.00 $ 131.00 $ 136.00$ E10 220.00$ 229.00 $ 238.00 $ 248.00$ A10 111.00$ 115.00 $ 120.00 $ 124.00$ E9 207.00$ 216.00 $ 224.00 $ 233.00$ A9 100.00$ 104.00 $ 108.00 $ 113.00$ E8 195.00$ 202.00 $ 211.00 $ 219.00$ A8 90.00$ 93.00 $ 97.00$ 101.00$ E7 182.00$ 189.00 $ 197.00 $ 205.00$ A7 79.00$ 82.00 $ 86.00 $ 89.00$ E6 169.00$ 176.00 $ 183.00 $ 190.00$ A6 69.00$ 71.00 $ 74.00 $ 77.00$ E5 156.00$ 163.00 $ 169.00 $ 176.00$ A5 58.00$ 61.00 $ 63.00 $ 65.00$ E4 144.00$ 149.00 $ 155.00 $ 161.00$ A4 48.00$ 50.00 $ 52.00 $ 54.00$ E3 131.00$ 136.00 $ 141.00 $ 147.00$ A3 37.00$ 39.00 $ 40.00 $ 42.00$ E2 118.00$ 123.00 $ 128.00 $ 133.00$ A2 27.00$ 28.00 $ 29.00 $ 30.00$ E1 105.00$ 109.00 $ 114.00 $ 118.00$ A1 16.00$ 17.00 $ 18.00 $ 18.00$ CAD Reimbursable Expenses
C10 202.00$ 210.00 $ 219.00 $ 228.00 $ Auto Mileage Standard set by IRS C9 190.00$ 197.00 $ 205.00 $ 213.00$ Outside Services Cost + 10% C8 177.00$ 184.00 $ 191.00 $ 199.00$ Materials and Other Expenses Cost + 10% C7 164.00$ 171.00 $ 178.00 $ 185.00$
C6
152.00$ 158.00 $ 164.00 $ 171.00 $
C5 139.00$ 145.00 $ 150.00 $ 156.00 $
C4 126.00$ 131.00 $ 137.00 $ 142.00 $
C3 114.00$ 118.00 $ 123.00 $ 128.00 $
C2 101.00$ 105.00 $ 109.00 $ 114.00 $
C1 88.00$ 92.00 $ 95.00 $ 99.00$
124038 - Schaaf and Wheeler, Livermore On-Call Services Page 1 of 1 Docusign Envelope ID: F8630B1F-3FD7-44CB-9CEA-408258F9EAD7

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Labor Rates (Engineering Services):
2023/2024 2024/2025 2025/2026 2026/2027
Senior Principal $325.00 $325.00 $325.00 $325.00
Principal $280.00 $280.00 $280.00 $280.00
Associate $260.00 $260.00 $260.00 $260.00
Engineering Manager $230.00 $230.00 $230.00 $230.00
Senior Engineer $205.00 $205.00 $205.00 $205.00
Project Engineer $190.00 $190.00 $190.00 $190.00
Staff Engineer $170.00 $170.00 $170.00 $170.00
Assistant Engineer $160.00 $160.00 $160.00 $160.00
Junior Engineer $145.00 $145.00 $145.00 $145.00
Senior Computer Drafter $170.00 $170.00 $170.00 $170.00 Computer Drafter $145.00 $145.00 $145.00 $145.00
Junior Computer Drafter $130.00 $130.00 $130.00 $130.00 BIM/Visualization Specialist $165.00 $165.00 $165.00 $165.00 Project Administrator $210.00 $210.00 $210.00 $210.00
Project Coordinator $155.00 $155.00 $155.00 $155.00
Secretarial Services $125.00 $125.00 $125.00 $125.00
Construction Manager $280.00 $280.00 $280.00 $280.00
Senior Structural Rep. $240.00 $240.00 $240.00 $240.00
Structural Representative $215.00 $215.00 $215.00 $215.00 Assistant Structures Rep. $170.00 $170.00 $170.00 $170.00 Senior Bridge Inspector $215.00 $215.00 $215.00 $215.00 Labor Rates (Inspection Services):
2023/2024 2024/2025 2025/2026 2026/2027
Inspection Department Mgr. $220.00 $220.00 $220.00 $220.00 Inspector Level V $220.00 $220.00 $220.00 $220.00
Inspector Level IV $200.00 $200.00 $200.00 $200.00
Inspector Level III $185.00 $185.00 $185.00 $185.00
Inspector Level II $175.00 $175.00 $175.00 $175.00
Inspector Level I $165.00 $165.00 $165.00 $165.00
• Expense Rates:
• Notes:
* The Fiscal Years specified are from October 1 thru September 30.

Classification

CHARGE RATE SCHEDULE
Hourly Labor Rates per Fiscal Year *
Classification Basic Hourly Labor Rates per Fiscal Year * Subconsultants: Cost Plus 10%
Expenses: Cost Plus 15%
Weekdays are charged at the Basic Rate; Over 8 hours & Saturdays: 1.5 x Basic Rate; Sundays/Holidays & over 8 hours on Saturday: 2 x Basic Rate Escalation: 05%
Docusign Envelope ID: F8630B1F-3FD7-44CB-9CEA-408258F9EAD7

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160
PROFESSIONAL STAFF 2024 2025 2026 2027
Principal 299.00$ 314.00$ 330.00$ 347.00$
Senior Professional 263.00$ 276.00$ 290.00$ 305.00$ Project Professional II 247.00$ 259.00$ 272.00$ 286.00$ Project Professional I 210.00$ 221.00$ 232.00$ 244.00$ Staff Professional II 184.00$ 193.00$ 203.00$ 213.00$ Staff Professional I 163.00$ 171.00$ 180.00$ 189.00$ Project Administrator 116.00$ 122.00$ 128.00$ 134.00$ Administrative Assistant / Clerical 105.00$ 110.00$ 116.00$ 122.00$ Seismic GIS 231.00$ 243.00$ 255.00$ 268.00$
GIS Specialist 200.00$ 210.00$ 221.00$ 232.00$
Information Specialist II 189.00$ 198.00$ 208.00$ 218.00$ Information Specialist I 168.00$ 176.00$ 185.00$ 194.00$ CAD 126.00$ 132.00$ 139.00$ 146.00$
Litigation support
TECHNICAL STAFF 2024 2025 2026 2027
Group 1 - Special Inspector 189.00$ 198.00$ 208.00$ 218.00$ Group 2 - Special Inspector 179.00$ 188.00$ 197.00$ 207.00$ Group 3 - Engineering Technician 159.00$ 167.00$ 175.00$ 184.00$ Group 3 - Geotechnical Professional 194.00$ 204.00$ 214.00$ 225.00$ Group 3 - Environmental Professional 194.00$ 204.00$ 214.00$ 225.00$ Group 4 - Technician 139.00$ 146.00$ 153.00$ 161.00$ Ground Penetrating Radar Scanning Technician 331.00$ 348.00$ 365.00$ 383.00$ Core Drilling Technician 257.00$ 270.00$ 284.00$ 298.00$ Floor Flatness Testing Technician 221.00$ 232.00$ 244.00$ 256.00$ Sample Pickup / Transportation / Delivery 126.00$ 132.00$ 139.00$ 146.00$ Laboratory Technician 137.00$ 144.00$ 151.00$ 159.00$

PERSONNEL RATES

1.5x standard rate
2024-2027 BSK Rate Schedule Page 1 of 7
Docusign Envelope ID: F8630B1F-3FD7-44CB-9CEA-408258F9EAD7

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BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES
Field Work from 0 to 4 hours
Field Work from 4 to 6 hours
Field Work from 6 to 8 hours
Field Work over 8 hours / Saturdays
Sundays, holidays and over 12 hours
Show-up time (no work performed), minimum charge
Sample or cylinder pickup, minimum charge
REIMBURSABLES 2024 2025 2026 2027
Mileage - 2x2 vehicle (Portal to Portal)
Mileage - 4x4 vehicle (Portal to Portal)
Per Diem (as required)
Bridge Toll
Parking Fees
Subconsultant/Subcontractor Services, Vendors, and Expenses BSK SERVICES / DIR / PREVAILING WAGE ADMINISTRATION FEES 2024 2025 2026 2027 Certified Payroll / DIR Upload (Monthly) - per project 300.00$ 315.00$ 331.00$ 348.00$ Non-Performance Certified Payroll / DIR Upload (Monthly) - per project 100.00$ 105.00$ 110.00$ 116.00$ Subcontractor Management / Compliance Forms (Monthly) - per project 100.00$ 105.00$ 110.00$ 116.00$ Additional LCP Tracker or Other Compliance Software (Monthly) - per project 200.00$ 210.00$ 221.00$ 232.00$ Additional Special Forms, as required (Monthly) - per project 150.00$ 158.00$ 166.00$ 174.00$ $2.00/mile or the IRS rate + 15%, whichever is higher
Night Shift (Shift commencing after 2pm / before 4am)
2024-2027
Bill 4 hours
$1.00/mile or the IRS rate + 15%, whichever is higher
Cost + 15%

OTHER RATES
Bill 6 hours
Bill 8 hours
Bill time and a half base rate (1.5x)
Bill two times base rate (2x)
Base Rate x 12.5%
Cost + 15%
Cost + 15%
Quote / $250.00 min.

Bill 2 hours
Bill 2 hours
2024-2027 BSK Rate Schedule Page 2 of 7
Docusign Envelope ID: F8630B1F-3FD7-44CB-9CEA-408258F9EAD7

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EQUIPMENT USAGE FEES 2024 2025 2026 2027
Nuclear Gauge (Day) 74.00$ 78.00$ 82.00$ 86.00$
Skidmore Wilhelm Calibrator (Day) 74.00$ 78.00$ 82.00$ 86.00$ NDT Weld Testing Equipment - UT/MT/PT (Day) 74.00$ 78.00$ 82.00$ 86.00$ Proof Load Testing Equipment (Day) 74.00$ 78.00$ 82.00$ 86.00$ Torque Wrench (Day) 74.00$ 78.00$ 82.00$ 86.00$
GPR Scanning Equipment (Day) 341.00$ 358.00$ 376.00$ 395.00$ Rebar Locator/Pachometer (Day) 134.00$ 141.00$ 148.00$ 155.00$ Hand Auger (Day) 158.00$ 166.00$ 174.00$ 183.00$ Water Meter (Day) 68.00$ 71.00$ 75.00$ 79.00$
Hand-held GPS (Day) 102.00$ 107.00$ 112.00$ 118.00$ Drilling Kit - Paint, stakes and lath - (Project) 36.00$ 38.00$ 40.00$ 42.00$ Drilling Supplies - Tubes / Caps (Project) 368.00$ 386.00$ 405.00$ 425.00$ Manometer (Day) 259.00$ 272.00$ 286.00$ 300.00$ Double Ring Infiltrometer (Day) 670.00$ 704.00$ 739.00$ 776.00$ ANALYSIS SOFTWARE USAGE FEES 2024 2025 2026 2027
gINT (Project) 68.00$ 71.00$ 75.00$ 79.00$
LPile (Project) 68.00$ 71.00$ 75.00$ 79.00$
APile (Project) 68.00$ 71.00$ 75.00$ 79.00$
SHAFT (Project) 68.00$ 71.00$ 75.00$ 79.00$
GROUP (Project) 133.00$ 140.00$ 147.00$ 154.00$ Cliq (Project) 68.00$ 71.00$ 75.00$ 79.00$
LiquefyPro (Project) 68.00$ 71.00$ 75.00$ 79.00$
LiqIT (Project) 68.00$ 71.00$ 75.00$ 79.00$
Slide (Project) 133.00$ 140.00$ 147.00$ 154.00$ Settle3D (Project) 133.00$ 140.00$ 147.00$ 154.00$ Cpet-IT (Project) 68.00$ 71.00$ 75.00$ 79.00$
LiqSVs (Project) 68.00$ 71.00$ 75.00$ 79.00$
ArcGIS (Project) 68.00$ 71.00$ 75.00$ 79.00$
Surfer (Project) 68.00$ 71.00$ 75.00$ 79.00$
Seep/W (Project) 133.00$ 140.00$ 147.00$ 154.00$

OTHER RATES (CONTINUED)
2024-2027 BSK Rate Schedule Page 3 of 7
Docusign Envelope ID: F8630B1F-3FD7-44CB-9CEA-408258F9EAD7

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SOILS 2024 2025 2026 2027
Modified or Standard Proctor - 4" or 6" Mold (ASTM / AASHTO) 336.00$ 353.00$ 371.00$ 390.00$ Proctor with Oversize Material (ASTM / AASHTO) 420.00$ 441.00$ 463.00$ 486.00$ Proctor Check Point (All Methods) 180.00$ 189.00$ 198.00$ 208.00$ Caltrans Maximum Wet Density (CT 216) 284.00$ 298.00$ 313.00$ 329.00$ Minus 200 Wash Soil (ASTM D1140) 110.00$ 116.00$ 122.00$ 128.00$ Moisture Content of Soils (ASTM D2216) 47.00$ 49.00$ 51.00$ 54.00$ Plasticity Index (ASTM D4318) 290.00$ 305.00$ 320.00$ 336.00$ Expansion Index of Soils (UBC No. 29) 311.00$ 327.00$ 343.00$ 360.00$ Collapse Potential of Soils (ASTM D2435) 270.00$ 284.00$ 298.00$ 313.00$ Organic Impurities (ASTM C40 / CT 213) 110.00$ 116.00$ 122.00$ 128.00$ Tube Density & Moisture Content of Soil 57.00$ 60.00$ 63.00$ 66.00$ Visual Classification (ASTM D2488) 57.00$ 60.00$ 63.00$ 66.00$ Hydrometer (ASTM D422 / CT 203) 315.00$ 331.00$ 348.00$ 365.00$ Double Hydrometer (ASTM D4221) 414.00$ 435.00$ 457.00$ 480.00$ Uncompacted Void Content (CT 234 / AASHTO T304) 147.00$ 154.00$ 162.00$ 170.00$ Sand Density Calibration (ASTM D1566) 231.00$ 243.00$ 255.00$ 268.00$ Minimum Resistivity of Soils (CT 643) 186.00$ 195.00$ 205.00$ 215.00$ Consolidation (ASTM D2435) 2/2 Time Rates 553.00$ 581.00$ 610.00$ 641.00$ Consolidation (ASTM D2435) w/ No Tim Rates 368.00$ 386.00$ 405.00$ 425.00$ Uncofined Compression Strength, Soil (ASTM D2166) 147.00$ 154.00$ 162.00$ 170.00$ Remolded Consolidation (ASTM D2435) 468.00$ 491.00$ 516.00$ 542.00$ Minimum Index Density Soils (ASTM D4254) 91.00$ 96.00$ 101.00$ 106.00$ Direct Shear Remolded (ASTM D3080) 347.00$ 364.00$ 382.00$ 401.00$ Direct Shear (ASTM D3080) 290.00$ 305.00$ 320.00$ 336.00$ Remolded Direct Shear (ASTM D3080) 347.00$ 364.00$ 382.00$ 401.00$ Remolded Flexwall Perm (ASTM D5084) 739.00$ 776.00$ 815.00$ 856.00$ % Crushed Particles / Fractured Particles (CT 205/AASHTO T335) 218.00$ 229.00$ 240.00$ 252.00$ '% Flat & Elongated (ASTM D4791) 167.00$ 175.00$ 184.00$ 193.00$ Minus 200 Wash/Aggregate (ASTM C117) 110.00$ 116.00$ 122.00$ 128.00$ Sieve Analysis w/ Wash (ASTM C136 / CT 202 / AASHTO T27) 226.00$ 237.00$ 249.00$ 261.00$ Sieve Analysis - Coarse Only (ASTM C136 / CT 202 / AASHTO T27) 110.00$ 116.00$ 122.00$ 128.00$ Coarse Specific Gravity / Absorption (ASTM C127/CT 206/AASHTO T85) 210.00$ 221.00$ 232.00$ 244.00$ Fine Specific Gravity / Absorption (ASTM C128/CT 207/AASHTO T84) 210.00$ 221.00$ 232.00$ 244.00$ Sand Equivalent (ASTM D2419 / CT 217 / AASHTO T176) 167.00$ 175.00$ 184.00$ 193.00$ Durability Index (CT 229) 331.00$ 348.00$ 365.00$ 383.00$

MATERIALS LABORATORY TEST RATES
2024-2027 BSK Rate Schedule Page 4 of 7
Docusign Envelope ID: F8630B1F-3FD7-44CB-9CEA-408258F9EAD7

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SOILS (CONTINUED) 2024 2025 2026 2027
Abrasion by LA Rattler, Large Size (ASTM C131/CT 211/AASHTO T96) 378.00$ 397.00$ 417.00$ 438.00$ Abrasion by LA Rattler, Small Size (ASTM C131/CT 211/AASHTO T96) 311.00$ 327.00$ 343.00$ 360.00$ Cleanness Value of Aggregate (CT 227) 238.00$ 250.00$ 263.00$ 276.00$ Aggregate Wt pcf Compacted (ASTM C 29) 117.00$ 123.00$ 129.00$ 135.00$ Gradation-Rip Rap - Per Sieve (D5519-Method A) 298.00$ 313.00$ 329.00$ 345.00$ Sodium Sulfate Soundness-Min. Charge (ASTM C88/CT 214/AASHTO T104) 462.00$ 485.00$ 509.00$ 534.00$ Sodium Sulfate Soundness-Per Sieve (ASTM C88/CT 214/AASHTO T104) 147.00$ 154.00$ 162.00$ 170.00$ R-Value of Soils (CT 301) 473.00$ 497.00$ 522.00$ 548.00$ Soil Cement Compression - Set (ASTM D1633) 315.00$ 331.00$ 348.00$ 365.00$ CIR / FDR Compressive Strength Testing - Set 315.00$ 331.00$ 348.00$ 365.00$ CIR / FDR Sample Preparation / Compaction 289.00$ 303.00$ 318.00$ 334.00$ CBR (ASTM D1883/AASHTO T-180) 1,313.00$ 1,379.00$ 1,448.00$ 1,520.00$ Preparation of Soil-Cement Samples 994.00$ 1,044.00$ 1,096.00$ 1,151.00$ Soluble Sulfate Chloride & Sulfide 172.00$ 181.00$ 190.00$ 200.00$ pH Sulphate & Chloride 87.00$ 91.00$ 96.00$ 101.00$ % Lumps/Friable Particles (ASTM C142) 107.00$ 112.00$ 118.00$ 124.00$ '% Organics in Soil (ASTM D2974) 181.00$ 190.00$ 200.00$ 210.00$ HOT MIX ASPHALT 2024 2025 2026 2027
JMF Mix Design, Superpave / Caltrans 11,838.00$ 12,430.00$ 13,052.00$ 13,705.00$ JMF Verification - HMA - Superpave / Caltrans 6,860.00$ 7,203.00$ 7,563.00$ 7,941.00$ JMF Production Startup - Superpave / Caltrans 6,382.00$ 6,701.00$ 7,036.00$ 7,388.00$ RAP Material Testing - Additional Fee 830.00$ 872.00$ 916.00$ 962.00$ Rubberized RHMA Material - Additional Fee 1,915.00$ 2,011.00$ 2,112.00$ 2,218.00$ JMF Mix Design, HVEEM 4,095.00$ 4,300.00$ 4,515.00$ 4,741.00$ JMF Mix Design, Marshall 4,858.00$ 5,101.00$ 5,356.00$ 5,624.00$ Open Graded Asphalt Optimum Bitumen Content (CT 368) 2,924.00$ 3,070.00$ 3,224.00$ 3,385.00$ Gyratory Compaction - Set of 3 (AASHTO T312) 442.00$ 464.00$ 487.00$ 511.00$ Hamburg Wheel Track (AASHTO T324) 2,625.00$ 2,756.00$ 2,894.00$ 3,039.00$ Tensile Strength Ratio (CT 371 / AASHTO T283) 1,449.00$ 1,521.00$ 1,597.00$ 1,677.00$ Marshall Maximum Density (ASTM D6926) 386.00$ 405.00$ 425.00$ 446.00$ Marshall Stability & Flow (ASTM D6927) 331.00$ 348.00$ 365.00$ 383.00$ Bitumen Content - Ignition (ASTM D6307 / CT382 / AASHTO T308) 296.00$ 311.00$ 327.00$ 343.00$ Oil Content Correction Factor (ASTM D6307 / CT 382 / AASHTO T308) 689.00$ 723.00$ 759.00$ 797.00$ Gradation from Extraction (ASTM D5444 / AASHTO T30) 180.00$ 189.00$ 198.00$ 208.00$

MATERIALS LABORATORY TEST RATES (CONTINUED)
2024-2027 BSK Rate Schedule Page 5 of 7
Docusign Envelope ID: F8630B1F-3FD7-44CB-9CEA-408258F9EAD7

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HOT MIX ASPHALT (CONTINUED) 2024 2025 2026 2027
Bulk Specific Gravity (CT308 / AASHTO T275 / ASTM D2726) 84.00$ 88.00$ 92.00$ 97.00$ HMA Theo. Max Density Rice Method (ASTM D2041 / CT 309 / AASHTO T209) 331.00$ 348.00$ 365.00$ 383.00$ Volumetric Calculations (VMA, VFA, DP, AV, Eff. Calcs) 70.00$ 74.00$ 78.00$ 82.00$ Moisture Content of Asphalt (CT 370 / AASHTO T329) 87.00$ 91.00$ 96.00$ 101.00$ Film Stripping 117.00$ 123.00$ 129.00$ 135.00$
Compaction/Preparation of HMA Briquette (CT 304) 290.00$ 305.00$ 320.00$ 336.00$ Stabilometer Value - Set of 3 (CT366) 368.00$ 386.00$ 405.00$ 425.00$ Lab Mixed TSR - Moisture Induced Damage (AASHTO T283 / CT 371) 1,943.00$ 2,040.00$ 2,142.00$ 2,249.00$ Calculated AC Maximum Density (CT 367) 131.00$ 138.00$ 145.00$ 152.00$ Thickness Determination of AC Cores 28.00$ 29.00$ 30.00$ 32.00$ CONCRETE & MASONRY 2024 2025 2026 2027
Compression Test Concrete - Per Cylinder (ASTM C39) 37.00$ 39.00$ 41.00$ 43.00$ Compression Test Concrete - Set of 4/5 (ASTM C39) 180.00$ 189.00$ 198.00$ 208.00$ Compression Test of Core (ASTM C42) 80.00$ 84.00$ 88.00$ 92.00$ Compressive Strength of Shotcrete Panel 420.00$ 441.00$ 463.00$ 486.00$ Compression Test Composite CMU Prism (1) 218.00$ 229.00$ 240.00$ 252.00$ Compression Test Grout (Set of 4) 159.00$ 167.00$ 175.00$ 184.00$ Compression Test Mortar (Set of 3) 145.00$ 152.00$ 160.00$ 168.00$ Flexural Test per Beam (ASTM C78 / CT 523) 118.00$ 124.00$ 130.00$ 137.00$ Linear Shrinkage - Set of 3 (ASTM C157) 525.00$ 551.00$ 579.00$ 608.00$ Unit Weight Lt Wt Concrete (ASTM C567) 74.00$ 78.00$ 82.00$ 86.00$ Splitting Tensile Strength of Concrete (ASTM C496) 158.00$ 166.00$ 174.00$ 183.00$ Compressive Strength CMU Block (ASTM C140) 252.00$ 265.00$ 278.00$ 292.00$ Comp. Strength, SG, & Abs. of CMU - Per Block (ASTM C140) 290.00$ 305.00$ 320.00$ 336.00$ Masonry Linear Shrinkage (ASTM C426) 532.00$ 559.00$ 587.00$ 616.00$ Masonry Core Shear Test (Title 24) 248.00$ 260.00$ 273.00$ 287.00$

MATERIALS LABORATORY TEST RATES (CONTINUED)
2024-2027 BSK Rate Schedule Page 6 of 7
Docusign Envelope ID: F8630B1F-3FD7-44CB-9CEA-408258F9EAD7

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METALS & FIREPROOFING 2024 2025 2026 2027
Tensile & Bend of Rebar #3-11 195.00$ 205.00$ 215.00$ 226.00$ Slip and Tensile Rebar Couplers (CT 670) 284.00$ 298.00$ 313.00$ 329.00$ Bolt Proof & Ultimate Load 338.00$ 355.00$ 373.00$ 392.00$ Bolt Hardness - Set of 3 225.00$ 236.00$ 248.00$ 260.00$ Nut Proof Load - Set of 3 338.00$ 355.00$ 373.00$ 392.00$ Nut Hardness - Set of 3 225.00$ 236.00$ 248.00$ 260.00$ Washer Hardness - Set of 3 225.00$ 236.00$ 248.00$ 260.00$ Dry Density Fireproofing (ASTM E605) 125.00$ 131.00$ 138.00$ 145.00$ Brinell Hardness of Steel (ASTM E10) 131.00$ 138.00$ 145.00$ 152.00$ Rockwell Hardness of Steel (ASTM E18) 131.00$ 138.00$ 145.00$ 152.00$ Face Bend of Steel Coupon 80.00$ 84.00$ 88.00$ 92.00$ Root Bend of Weld Coupon 80.00$ 84.00$ 88.00$ 92.00$ Side Bend of Weld Coupon 80.00$ 84.00$ 88.00$ 92.00$ Tensile Test of Steel Coupon 110.00$ 116.00$ 122.00$ 128.00$ Bend Test of Steel Coupon 95.00$ 100.00$ 105.00$ 110.00$ Adhesion / Cohesion Fireproofing Materials 167.00$ 175.00$ 184.00$ 193.00$ ESCALATION: The rates presented herein are subject to an annual escalation rate of 5% effective on January 1st of each year subsequent to December 31, 2027.

MATERIALS LABORATORY TEST RATES (CONTINUED)
2024-2027 BSK Rate Schedule Page 7 of 7
Docusign Envelope ID: F8630B1F-3FD7-44CB-9CEA-408258F9EAD7

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Kier + Wright Hourly Rates | Central - CONFIDENTIAL - www.kierwright.com

HOURLY RATE SCHEDULE
Effective March 1, 2024 through June 30, 2027
Effective
Effective
2024 2025 2026 2027
Principal $ 302.00 $ 311.00 $ 320.00 $ 330.00 / Hour
Principal Engineer $ 274.00 $ 282.00 $ 290.00 $ 299.00 / Hour Senior Engineer Manager $ 252.00 $ 260.00 $ 268.00 $ 276.00 / Hour Technical Manager $ 252.00 $ 260.00 $ 268.00 $ 276.00 / Hour Senior Engineer $ 239.00 $ 246.00 $ 253.00 $ 261.00 / Hour Engineer III $ 222.00 $ 229.00 $ 236.00 $ 243.00 / Hour Engineer II $ 185.00 $ 191.00 $ 197.00 $ 203.00 / Hour
Engineer I $ 155.00 $ 160.00 $ 165.00 $ 170.00 / Hour
Senior Survey Construction Manager $ 246.00 $ 253.00 $ 261.00 $ 269.00 / Hour Senior Land Surveyor $ 246.00 $ 253.00 $ 261.00 $ 269.00 / Hour Project Surveyor III $ 220.00 $ 227.00 $ 234.00 $ 241.00 / Hour Project Surveyor II $ 178.00 $ 183.00 $ 188.00 $ 194.00 / Hour Project Surveyor I $ 152.00 $ 157.00 $ 162.00 $ 167.00 / Hour Survey Coordinator $ 210.00 $ 216.00 $ 222.00 $ 229.00 / Hour Engineering Tech III $ 200.00 $ 206.00 $ 212.00 $ 218.00 / Hour Engineering Tech II $ 181.00 $ 186.00 $ 192.00 $ 198.00 / Hour Engineering Tech I $ 169.00 $ 174.00 $ 179.00 $ 184.00 / Hour Draftsman / Survey Tech III $ 155.00 $ 160.00 $ 165.00 $ 170.00 / Hour Draftsman / Survey Tech II $ 128.00 $ 132.00 $ 136.00 $ 140.00 / Hour Draftsman / Survey Tech I $ 117.00 $ 121.00 $ 125.00 $ 129.00 / Hour 3-Man Survey Crew $ 435.00 $ 448.00 $ 461.00 $ 475.00 / Hour 2-Man Survey Crew $ 344.00 $ 354.00 $ 365.00 $ 376.00 / Hour 1-Man Survey Crew $ 212.00 $ 218.00 $ 225.00 $ 232.00 / Hour T
estimony (Trial or Deposition) $ 589.00 $ 607.00 $ 625.00 $ 644.00 / Hour Project Coordinator III $ 144.00 $ 148.00 $ 152.00 $ 157.00 / Hour Project Coordinator II $ 127.00 $ 131.00 $ 135.00 $ 139.00 / Hour Project Coordinator I $ 110.00 $ 113.00 $ 116.00 $ 119.00 / Hour Engineering / Survey Intern $ 64.00 $ 66.00 $ 68.00 $ 70.00 / Hour 3D Laser Scanning Crew $ 421.00 $ 434.00 $ 447.00 $ 460.00 / Hour All blueprinting and reproduction will be billed at cost plus 10%.

Time spent for preparation for testimony will be billed in accordance with the above hourly rates.

Docusign Envelope ID: F8630B1F-3FD7-44CB-9CEA-408258F9EAD7

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168
Revised 1/3/2020 B11.5 – 5M E&O

Page 1 ends

EXHIBIT B
I

NSURANCE 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:

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: F8630B1F-3FD7-44CB-9CEA-408258F9EAD7

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169
Revised 1/3/2020 B11.5 – 5M 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.

Docusign Envelope ID: F8630B1F-3FD7-44CB-9CEA-408258F9EAD7

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170

CITY COUNCIL STAFF REPORT
ITEM NO. 5.8

DATE:

September 23, 2024
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution approving the list of pre-qualified contractors to bid the Flagpole Plaza Project 2022-25 including Robert A. Bothman, Inc., McGuire and Hester, Golden Bay Construction, Inc., and GradeTech Inc.

RECOMMENDED ACTION

SUMMARY
The Flagpole Plaza Project 2022-25 involves improvements to the Flagpole Plaza to accommodate outdoor dining, provide design consistency in the Downtown Core, and upgrade accessibility. Staff recommends approval of the list of pre-qualified contractors to bid the project, including Robert A.

Bothman, Inc., McGuire and Hester, Golden Bay Construction, Inc., and GradeTech Inc.

DISCUSSION
The Flagpole Plaza originally included a large grass area used as a public gathering space. However, shortly after the start of the COVID-19 pandemic in 2020, the space began to be used for outdoor dining.

During this time, the grass was removed and replaced with decomposed granite to improve the use as outdoor dining. The City of Livermore (City) is now in the process of renovating this space with the following main goals:

Add back smaller public gathering grass area.

Retain strong connections between the flagpole, the large existing fountain, and the plaza.

Retain opportunities for continued outdoor dining, pursuant to the Downtown Outdoor Dining Program.

Maintain the east/west pedestrian connection along First Street.

Maintain a north/south pedestrian connection through the plaza space.

Preserve existing trees, landscaping, and lighting, and add new trees, landscaping, and lighting, 171
where appropriate.

Provide full accessibility.

Attachment 1 shows a site map of the proposed improvements. These improvements include hardscape, accessibility, landscaping, lighting, and related improvements.

On July 29, 2024, staff issued a request for qualifications (RFQ) for the Pre-qualification of Contractors for Construction of the Flagpole Plaza Project 2022-25. The purpose of this process was to receive statements of qualifications (SOQs) from multiple contractors, and based on review of these qualifications, establish a list of pre-qualified firms who would be eligible to bid on the construction of the project. The RFQ followed the Department of Industrial Relations (DIR) model forms for pre-qualification and assessed qualifiers based on factors such as experience, licenses, insurance, bonding capacity, prior work history and litigation. On August 20, 2024, a total of five SOQs were received and evaluated.

Four of the five were found to be qualified based on a thorough review of each contractor’s submitted qualifications, compliance with the essential criteria requirements, pre-qualification criteria requirements, organization history, and project experience. The following list summarizes the final status for each of the five firms who submitted SOQ’s:

Firm
Location
Status
Robert A. Bothman, Inc.

Santa Clara, CA
Pre-qualified
McGuire and Hester
Oakland, CA
Pre-qualified
Golden Bay Construction, Inc.

Hayward, CA
Pre-qualified
GradeTech Inc.

Livermore, CA
Pre-qualified
Saboo Inc.

Brentwood, CA
Not qualified

Only the four pre-qualified firms will receive solicitations for construction bids. Staff recommends approval of the pre-qualified contractors listed above. The firm that was not qualified did not possess the insurance limits required for the project, which per DIR guidelines under the essential criteria requirements, was immediate grounds for disqualification.

FISCAL AND ADMINISTRATIVE IMPACTS

The budget for the Flagpole Plaza Project 2022-25 in the 2023-2028 5-Year Capital Improvement Plan covers the cost of this agreement and all other project costs including construction, change orders, construction management, project management, and materials testing. No additional appropriations are necessary. Funding for this project, which is in the street right-of-way, is from the Gas Taxes (Fund 650) and Measure BB-Local Streets and Roads (Fund 688).

COMMUNITY PILLAR

4: Inclusive and Inviting Spaces and Places.

GOAL

3: Continue to implement the Downtown Specific Plan.

GUIDING DOCUMENT

172
Fiscal Year 2023-2028 5-Year Capital Improvement Plan.

ATTACHMENTS

1. Site Map

2. Resolution

Prepared by: Farnoush Levers
Assistant City Engineer

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
173

SITE LAYOUT
ATTACHMENT 1
174
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING THE LIST OF PRE-QUALIFIED CONTRACTORS TO BID THE FLAGPOLE PLAZA PROJECT 2022-25,
INCLUDING ROBERT A. BOTHMAN, INC., MCGUIRE AND HESTER,
GOLDEN BAY CONSTRUCTION, INC., AND GRADETECH INC.
(FLAGPOLE PLAZA PROJECT 2022-25)
The Flagpole Plaza Project 2022-25 involves redesigning the Flagpole Plaza to accommodate outdoor dining, restore public areas, and comply with Americans with Disabilities Act (ADA) accessibility requirements. City of Livermore staff sent out Requests for Qualifications to contractors interested in being on a pre-qualification list for this project on July 29, 2024. On August 20, 2024, five Statements of Qualifications were received. Four of the five were found to be qualified based on a thorough review of each contractor’s submitted qualifications, compliance with the essential criteria requirements, pre-qualification criteria requirements, organization history, and project experience.

The Engineering Division has established the list of four pre-qualified contractors for the Flagpole Plaza Project 2022-25 based upon the Department of Industrial Relations model for pre-qualification and assessed qualifiers based on factors such as experience, licenses, bonding capacity, prior work history and litigation.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby approves the following list of pre-qualified contractors to bid the Flagpole Plaza Project 2022-25:
 Robert A. Bothman, Inc.
 McGuire and Hester
 Golden Bay Construction, Inc.
 GradeTech Inc.

On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on September 23, 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
175

CITY COUNCIL STAFF REPORT
ITEM NO. 5.9

DATE:

September 23, 2024
TO:

Honorable Mayor and City Council
FROM:

Jeramy Young, Police Chief
SUBJECT:

Resolution authorizing an agreement with the Livermore Valley Joint Unified School District (LVJUSD) for Horizons Family Counseling to provide school-based mental health related services for LVJUSD students and their families on designated LVJUSD school campuses with a not-to-exceed amount of $304,500 and a term ending December 31, 2026.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with the Livermore Valley Joint Unified School District for Horizons Family Counseling to provide school-based mental health related services to LVJUSD students and their families with a not-to- exceed amount of $304,500 and a term ending December 31, 2026.

SUMMARY
For ten years, the City of Livermore has partnered with LVJUSD to partially fund school-based services provided by Horizons Family Counseling. Since 2022, LVJUSD and five other Alameda County school districts were awarded a grant from the Mental Health Services Act (MHSSA) requiring Alameda County to partner with the school districts to expand the mental health services for children and youth at schools.

On July 1, 2024, Alameda County Board of Supervisors approved an amendment to increase the funding for LVJUSD and the five other Alameda County school districts. As per the MHSSA grant, the term of the agreement between LVJUSD and Horizons Family Counseling is 2.5 years (July 1, 2024 to December 31, 2026) and the total amount not to exceed $304,500 (July 1, 2024 to June 30, 2025 at $131,500; July 1, 2025 to June 30, 2026 at $131,500; and July 1. 2026 to December 31, 2026 at $41,500).

This funding from LVJUSD would continue to support Horizons Family Counseling salaries and program services costs for the term of the agreement. Specifically, the mental health services include the following: up to 10 individual and/or group counseling sessions per student; 6 mental health related classroom trainings/presentations per academic year; and attend 6 COST meetings per academic year 176
not to exceed the reimbursable amounts per fiscal year.

DISCUSSION
Since 1973, Horizons Family Counseling, a division of the Livermore Police Department, has been dedicated to addressing the mental health needs and strengthening the relationship skills of the Tri- Valley youth and their families. Horizons' mission is to serve youth and families through counseling, education, and support services so they become contributors to the community and find safety, hope, and success in life. Our vision is that every young person is resilient, feels supported, and connected to family and community and ultimately find safety, hope and success in their lives.

In this effort, Horizons Family Counseling has collaborated with LVJUSD for the last 10 years providing services to the students and their families. The services offered include counseling, criminal diversion services, case management and crisis intervention. Students can confidentially discuss personal, social, and academic challenges at a low and affordable cost to the family.

Since 2022, these services for LVJUSD were funded by the MHSSA grant awarded by Alameda County Health. On July 1, 2024, Alameda County Board of Supervisors approved an amendment to increase the funding for LVJUSD and the five other Alameda County school districts. As per the MHSSA grant, the term of the agreement between LVJUSD and Horizons Family Counseling is 2.5 years (July 1, 2024 to December 31, 2026) and the total amount not to exceed $304,5000 (July 1, 2024 to June 30, 2025 at $131,500; July 1, 2025 to June 30, 2026 at $131,500; and July 1. 2026 to December 31, 2026 at $41,500). This funding from LVJUSD would continue to support salaries and program costs for the term of the agreement.

FISCAL AND ADMINISTRATIVE IMPACTS

The term of the reimbursement agreement is 2.5 years (July 1, 2024 to December 31, 2026) and the total amount not to exceed $304,500 (July 1, 2024 to June 30, 2025 at $131,500; July 1, 2025 to June 30, 2026 at $131,500; and July 1, 2026 to December 31, 2026 at $41,500). This funding from LVJUSD will continue to support Horizons Family Counseling salaries and program services costs and offset the need for the General Fund to cover those expenses for the term of the agreement. Specifically, the mental health services include the following: up to 10 individual and/or group counseling sessions per student; 6 mental health related classroom trainings/presentations per academic year; and Horizons staff to attend 6 LVJUSD Coordination of Services Team (COST) meetings for academic year not to exceed the reimbursable amount per fiscal year.

COMMUNITY PILLAR

1: A Safe Community That Thrives

GOAL

3: Implement process that ensure a high degree of public trust and community support

ATTACHMENTS

1. Resolution
177

2. Exhibit A - Agreement

Prepared by: Asceneth
Paez-Arroyo
Youth and Family Services Manager -
Clinical

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY

OF LIVERMORE AND LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT FOR

HORIZONS FAMILY COUNSELING TO PROVIDE SCHOOL-BASED MENTAL HEALTH RELATED SERVICES FOR THE TERM OF JULY 1, 2024 TO DECEMBER 31, 2026 IN THE AMOUNT OF $304,500
The City of Livermore has been awarded $304,500 from Livermore Valley Joint Unified School District (“LVJUSD”) for the period of July 1, 2024 to December 31, 2026, to provide school-based counseling services such as individual/group counseling, classroom presentations, and continued collaboration amongst Livermore schools.

Funding from LVJUSD allows Horizons Family Counseling (“Horizons”) to continue to provide high quality, safe, effective, and confidential services for Livermore students. In addition, the funding provides LVJUSD students access to receive free school-based counseling on-site.

Mental health impacts a person’s thoughts, emotions, and behaviors while influencing stress management, relationships, and decision making. With continued funding from LVJUSD, Horizons will be able to fulfill its mission and vision that every young person is resilient, feels supported, and connected to family and community.

Approval of these funds would not increase the general fund contribution to the budget.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager to execute the Standard Services Agreement, attached hereto as Exhibit A, between the City of Livermore and Livermore Valley Joint Unified School District for the term of July 1, 2024 to December 31, 2026, in the amount of $304,500.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 23, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Katherine Mirassou
Deborah L. Elam Katherine Mirassou
Acting City Clerk Deputy City Attorney
Exhibit A – Standard Services Agreement
179
Horizons Family Counseling Agreement Page 1 of 4
Rev. 09/2017

HORIZONS FAMILY COUNSELING SERVICES AGREEMENT

BETWEEN THE LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT AND

CITY OF LIVERMORE
THIS AGREEMENT, is made and entered into this _____ day of ______________, 2024, between the Livermore Valley Joint Unified School District (“LVJUSD”) and the City of Livermore, a municipal corporation (“City” hereinafter referred to as “ Horizons Family Counseling” or “Horizons”).

RECITALS
Horizons Family Counseling , a division of the Livermore Police Department, provides mental health related services to youth and families in the Tri-Valley area.

LVJUSD desires to utilize the services of Horizons Family Counseling to benefit the students attending schools in LVJUSD.

This Agreement memorializes the understanding between LVJUSD and Horizons Family Counseling, whereby Horizons Family Counseling receives payment for services to LVJUSD as outlined in this Agreement.

AGREEMENT
NOW, THEREFORE, LVJUSD and City hereby agree as follows:

1. Description of Services . Horizons shall provide mental health related services that include counseling services , consultation, and youth presentations to designated LVJUSD schools agreed upon by the parties , as more particularly described in the attached Exhibit A (collectively, the “Services”).

2. Term. The term of this Agreement commences on July 1, 2024 and terminates on December 31, 2026

3. Payment.
(a) The total compensation payable by LVJUSD to Horizons for the Services shall not exceed $304,500 (“not to exceed amount”).
(b) LVJUSD shall pay Horizons no later than 30 days after LVJUSD receives a written invoice from Horizons and verifies the Services performed for the payment requested. Payment shall be paid in two equal installments by LVJUSD on Docusign Envelope ID: 739118B9-3E43-4AD8-83B1-53E63D33F807

EXHIBIT A
180

Horizons Family Counseling Agreement Page 2 of 4
Rev. 09/2017
January 15, and June 15, after delivery of an invoice from Horizons to LVJUSD for services rendered.

4. Records. Horizons shall maintain records for program review, evaluation, audit and /or other purposes and make them available to LVJUSD upon request. These records shall be maintained for a period of five years after termination of this Agreement.

5. Authorization. This Agreement is authorized solely for the term of July 1, 2024 – December 31, 2026.

6. Recipients of Services . Services under this Agreement shall be provided to LVJUSD students and parents referred for services by LVJUSD School Principals, Vice Principals, Teachers, Child Welfare Attendance Workers, and Staff.

7. Termination. Either party may terminate any portion or all of the Services provided by Horizons by providing the other party at least 30 calendar-days written notice.

Upon receipt of a termination notice, Horizons shall immediately stop all work in progress on the Services, except where disruption of the client-counselor relationship may require additional time to transition to another service provider, and provide an invoice to LVJUSD for Services performed prior to the termination date, which shall be payable within 30 days of receipt.

8. Confidentiality. Horizons shall not disclose any confidential or proprietary information received from LVJUSD or from recipients of Services under this Agreement to anyone except Horizon’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 LVJUSD.

9. 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 Horizons can be used in place of the original for all purposes with the same effect as if it was the original.

10. 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:

Docusign Envelope ID: 739118B9-3E43-4AD8-83B1-53E63D33F807

EXHIBIT A
181

Horizons Family Counseling Agreement Page 3 of 4
Rev. 09/2017
TO HORIZONS: Attention: Asceneth Paez-Arroyo
City of Livermore
1052 S Livermore Avenue
Livermore, California 94550

TO LVJUSD: Attention: Kelly Manke
Livermore Valley Joint Unified School District
680 East Jack London Blvd.

Livermore, CA 94551

11. 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.

12. 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.

13. Counterparts. This 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

Docusign Envelope ID: 739118B9-3E43-4AD8-83B1-53E63D33F807

EXHIBIT A
182
Horizons Family Counseling Agreement Page 4 of 4
Rev. 09/2017
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.

LIVERMORE VALLEY JOINT
UNIFIED SCHOOL DISTRICT: Dated:
____________________________ ___________________________ Kelly Manke
Assistant Superintendent of
Administrative Services

HORIZONS FAMILY COUNSELING
CITY OF LIVERMORE: Dated:
____________________________ ____________________________ Marianna Marysheva
City Manager
APPROVED AS TO FORM:
___________________________
Deputy/Assistant/City Attorney
Attachment:

Exhibit A – Scope of Services
Docusign Envelope ID: 739118B9-3E43-4AD8-83B1-53E63D33F807 8/28/2024 | 7:20 PM PDT

EXHIBIT A
183

EXHIBIT A

SCHOOL BASED COUNSELING & EDUCATIONAL SERVICES

Horizons Family Counseling will be partnering with Livermore Valley Joint Unified School District to provide mental health related services to LVJUSD students at designated school sites. School sites are determined by an assessment of needs held by the LVJUSD Wellness Coordinator and Horizons Family Counseling Clinical Manager.

A. Mental Health Related Services
• Provide up to 10 individual and/or group counseling sessions per student; exceptions can be made for special circumstances • Provide 6 Mental Health Related classroom trainings/presentations for LVJUSD students during each academic year
• Attend 6 Coordination of Services Team (COST) meeting per school, per year
• Provide continued collaboration with LVJUSD Wellness Centers, School Psychologists, School Counselors, and other school personnel

B. Horizons Family Counseling Responsibilities:
• The Clinical Program Manager will act as the liaison between Horizons Family Counseling and Shari Johnston, Wellness Coordinator • Provide up to 20 hours of mental health related services such as individual/group counseling, classroom presentations, and consultation, a week during each academic year to designated schools agreed upon Horizons Family Counseling and LVJUSD
• As mandated reporters, submit reports to Children and Family Services as necessary. These reports are not part of the individuals school record nor will be passed to school personnel
• All records are confidential and will not be part of the child’s school record. We work collaboratively with school personnel, but will not release details about the specific content of the youth’s counseling without written consent from a legal guardian
• Maintain a standard of professionalism and behavior consistent with the expectations of LVJUSD
• Provide a summary of stats/generic data at the end of the year for the designated school sites
• Notify the school site staff if Horizons Family Counseling will be late or absent on assigned day; or of any staff changes
• To the extent possible and in collaboration with the school site staff, provide services that do not interfere with classroom work or disrupt the normal activities of the school site

Docusign Envelope ID: 739118B9-3E43-4AD8-83B1-53E63D33F807

EXHIBIT A
184

EXHIBIT A

SCHOOL BASED COUNSELING & EDUCATIONAL SERVICES

C. LVJUSD School Site Responsibilities:
• School personnel such as the COST Teams, school administrators, school counselors to provide appropriate referrals and collaborate with Horizons Family Counseling to determine student referral process and criteria for student referral
• Provide a designated staff person responsible for implementing and maintaining communication with Horizons Family Counseling in a timely and regular manner
• Provide school policies and procedures, including but not limited to consent and confidentiality policies.
• Provide reasonable space, as agreed upon by school and Horizons Family Counseling, to facilitate services to students. Horizons Family • Provide the use of reasonable resources (i.e.: telephone, voicemail, copiers…)
• Provide ongoing support as needed to facilitate the provision of services.
• Collaborate with Horizons Family Counseling to determine student referral process and criteria for student referral.

D. Criminal Background Checks and Tuberculosis Testing
Horizons Family Counseling staff who will provide counseling services on any school site will have a criminal background check, fingerprinting, and tuberculosis performed and approved.
• LVJUSD shall reimburse the cost of each tuberculosis test and fingerprinting for each staff member

E. Payment of Services
• LVJUSD may be charged for up to 10 sessions of a LVJUSD student receiving services provided by Horizons Family Counseling within 1 academic year
• These sessions will be funded from LVJUSD through the Federal American Rescue Plan Act/Mental Health Student Services Act . • Any additional school-based counseling sessions after the 10 sessions will be charged to the County of Alameda Probation Department or directly to the guardian/family of the student.

Docusign Envelope ID: 739118B9-3E43-4AD8-83B1-53E63D33F807

EXHIBIT A
185

EXHIBIT A

SCHOOL BASED COUNSELING & EDUCATIONAL SERVICES

F. Budget Summary (7/1/24-12/31/26)

Budget Item
FY24-25
Reimbursement
Amount
(7/1/24-
6/30/25)
FY25-26
Reimbursement
Amount
(7/1/25-
6/30/26)
FY26-27
Reimbursement
Amount
(7/1/26-
12/31/26)
Total for
Contract Period
(7/1/24-
12/31/26)
Subcontract Expenses
Subcontract with Horizons
Family Counseling
(Horizons) to provide multi-
tiered mental health
support at 8 school locations
131,500 131,500 41,500 304,500

NOT TO EXCEED TOTAL
AMOUNT

$131,500

$ 41,500

$304,500

Docusign Envelope ID: 739118B9-3E43-4AD8-83B1-53E63D33F807

EXHIBIT A
186

CITY COUNCIL STAFF REPORT
ITEM NO. 5.10

DATE:

September 23, 2024
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution amending the City of Livermore Salary Plan dated October 2024 to reflect salary increases for the Association of Livermore Employees (ALE) as previously
approved in ALE's Memorandum of Understanding (MOU) effective October 7, 2024, and
retitling and moving the Assistant Administrative Services Director, Assistant City Attorney, and Deputy City Attorney classifications to Management Confidential.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution amending the City of Livermore Salary Plan dated October 2024 to reflect salary increases in accordance with California Code of Regulations, Title 2, Section 570.5 for the Association of Livermore Employees and retitling and moving the Assistant Administrative Services Director, Assistant City Attorney, and Deputy City Attorney classifications to Management Confidential.

SUMMARY
Staff recommends the following changes to the Salary Plan:

1 .

Incorporate wage related adjustments for the Association of Livermore Employees as approved in the Memorandum of Understanding (MOU) effective October 7, 2024; 2 .

Retitle, assign new Job Classification Codes, and move to Management Confidential the following classifications:

Assistant Administrative Services Director (Job Class 2010) to Assistant Administrative Services Director (Confidential) (Job Class 2405)
Assistant City Attorney (Job Class 2015) to Assistant City Attorney (Confidential) (Job Class 2442)
Deputy City Attorney (Job Class 2075) to Deputy City Attorney (Confidential) (Job Class 2444).

DISCUSSION
Staff is recommending the following changes to the Salary Plan:
187

1. The Association of Livermore Employees MOU, approved by the City Council on October 11, 2021, provides for a base salary increase of 2% plus an additional $796.80 to annual salaries, in recognition of rising medical costs, effective October 7, 2024.

2. Human Resources recently completed a review of the Assistant Administrative Services Director, Assistant City Attorney, and Deputy City Attorney classifications. These classifications, in the regular course of their duties, have access or advance knowledge of information relating to the City's administration of or decision-making process for employer-employee relations and, as a result, will be moved to the Management Confidential Group based on those duties and responsibilities. Each classification will be retitled and assigned a new Job Classification code in Management Confidential as follows:

Assistant Administrative Services Director (Job Class 2010) to Assistant Administrative Services Director (Confidential) (Job Class 2405)
Assistant City Attorney (Job Class 2015) to Assistant City Attorney (Confidential) (Job Class 2442) Deputy City Attorney (Job Class 2075) to Deputy City Attorney (Confidential) (Job Class 2444).

FISCAL AND ADMINISTRATIVE IMPACTS
These MOU adjustments have already been included in the FY 2024-25 adopted budget. There are no costs associated with moving the three classifications to Management Confidential.

COMMUNITY PILLAR
5: A City that Works

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

ATTACHMENTS

1. Resolution

2. Exhibit A - Salary Plan effective October 2024

Prepared by: Kaylin Larson
HR Analyst II

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AMENDING THE CITY OF LIVERMORE SALARY
PLAN DATED OCTOBER 2024, IN ACCORDANCE WITH CALIFORNIA
CODE OF REGULATIONS, TITLE 2, SECTION 570.5
The proposed City of Livermore Salary Plan, attached hereto as Exhibit A, is intended to make the following amendments:
 Incorporate wage related adjustments for the Association of Livermore Employees as approved in the Memorandum of Understanding effective October 7, 2024;  Retitle, assign new Job Classification Codes, and move to Management Confidential the following classifications:
 Assistant Administrative Services Director (Job Class 2010) to Assistant Administrative Services Director (Confidential) (Job Class 2405)  Assistant City Attorney (Job Class 2015) to Assistant City Attorney (Confidential) (Job Class 2442)
 Deputy City Attorney (Job Class 2075) to Deputy City Attorney (Confidential) (Job Class 2444).

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

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 23, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason R. Alcala
Deborah L. Elam Jason R. Alcala
Acting City Clerk City Attorney
Exhibit A – Salary Plan dated October 2024
189
Salary
Pl
an
October 2024

EXHIBIT A
190
CLASS

CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
4001 ACCOUNT CLERK 68,953.04 72,252.74 75,707.19 79,334.37 83,142.92 5,746.09 6,021.06 6,308.93 6,611.20 6,928.58
1,326.02 1,389.48 1,455.91 1,525.66 1,598.90

33.15050 34.73689 36.39769 38.14152 39.97256
4000 ACCOUNT CLERK, JUNIOR 62,584.39 65,555.44 68,675.03 71,950.60 75,389.94 5,215.37 5,462.95 5,722.92 5,995.88 6,282.50
1,203.55 1,260.68 1,320.67 1,383.67 1,449.81

30.08865 31.51704 33.01684 34.59163 36.24516
4002 ACCOUNT CLERK, SENIOR 74,928.22 78,516.44 82,284.08 86,240.11 90,393.94 6,244.02 6,543.04 6,857.01 7,186.68 7,532.83
1,440.93 1,509.93 1,582.39 1,658.46 1,738.35

36.02318 37.74829 39.55965 41.46159 43.45863
4020 ACCOUNTANT, JUNIOR 89,325.06 93,672.37 98,237.06 103,029.98 108,062.56 7,443.76 7,806.03 8,186.42 8,585.83 9,005.21
1,717.79 1,801.39 1,889.17 1,981.35 2,078.13

42.94474 45.03479 47.22936 49.53364 51.95315
4010 ACCOUNTING TECHNICIAN 79,511.76 83,329.18 87,337.46 91,546.15 95,965.29 6,625.98 6,944.10 7,278.12 7,628.85 7,997.11
1,529.07 1,602.48 1,679.57 1,760.50 1,845.49

38.22681 40.06211 41.98916 44.01257 46.13716
4030 ADMINISTRATIVE 83,255.69 87,260.30 91,465.13 95,880.22 100,516.05 ASSISTANT 6,937.97 7,271.69 7,622.09 7,990.02 8,376.34
1,601.07 1,678.08 1,758.94 1,843.85 1,933.00

40.02677 41.95207 43.97362 46.09626 48.32502
4052 ADMINISTRATIVE CLERK I 62,584.43 65,555.48 68,675.08 71,950.64 75,389.99 5,215.37 5,462.96 5,722.92 5,995.89 6,282.50
1,203.55 1,260.68 1,320.67 1,383.67 1,449.81

30.08867 31.51706 33.01687 34.59165 36.24519
4051 ADMINISTRATIVE CLERK II 67,020.56 70,213.40 73,565.88 77,086.02 80,782.13 5,585.05 5,851.12 6,130.49 6,423.84 6,731.84
1,288.86 1,350.26 1,414.73 1,482.42 1,553.50

32.22142 33.75644 35.36821 37.06059 38.83756
4040 ADMINISTRATIVE 83,255.69 87,260.30 91,465.13 95,880.22 100,516.05 TECHNICIAN 6,937.97 7,271.69 7,622.09 7,990.02 8,376.34 1,601.07 1,678.08 1,758.94 1,843.85 1,933.00

40.02677 41.95207 43.97362 46.09626 48.32502
5000 AIRPORT SERVICE 72,950.62 76,439.99 80,103.81 83,950.82 87,990.18 ATTENDANT 6,079.22 6,370.00 6,675.32 6,995.90 7,332.52
1,402.90 1,470.00 1,540.46 1,614.44 1,692.12

35.07241 36.75000 38.51145 40.36097 42.30297
5001 AIRPORT SERVICE 78,190.12 81,941.45 85,880.34 90,016.19 94,358.83 ATTENDANT SENIOR 6,515.84 6,828.45 7,156.70 7,501.35 7,863.24 1,503.66 1,575.80 1,651.55 1,731.08 1,814.59

37.59140 39.39493 41.28863 43.27701 45.36482

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/07/2024
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES

EXHIBIT A
191
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/07/2024
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
4060 ANIMAL CONTROL 82,607.70 86,579.91 90,750.72 95,130.07 99,728.39 OFFICER 6,883.98 7,214.99 7,562.56 7,927.51 8,310.70
1,588.61 1,665.00 1,745.21 1,829.42 1,917.85

39.71524 41.62496 43.63015 45.73561 47.94634
5010 ASSET MANAGEMENT 110,974.89 116,365.47 122,025.56 127,968.67 134,208.91 SPECIALIST 9,247.91 9,697.12 10,168.80 10,664.06 11,184.08 2,134.13 2,237.80 2,346.65 2,460.94 2,580.94

53.35331 55.94494 58.66613 61.52340 64.52351
4130 BUILDING INSPECTOR I 97,695.17 102,421.76 107,384.66 112,595.72 118,067.32 8,141.26 8,535.15 8,948.72 9,382.98 9,838.94
1,878.75 1,969.65 2,065.09 2,165.30 2,270.53

46.96883 49.24123 51.62724 54.13256 56.76313
4131 BUILDING INSPECTOR II 104,915.81 110,003.43 115,345.42 120,954.51 126,844.05 8,742.98 9,166.95 9,612.12 10,079.54 10,570.34
2,017.61 2,115.45 2,218.18 2,326.05 2,439.31

50.44029 52.88626 55.45453 58.15121 60.98272
4132 BUILDING INSPECTOR III 107,961.41 113,201.30 118,703.18 124,480.15 130,545.98 8,996.78 9,433.44 9,891.93 10,373.35 10,878.83
2,076.18 2,176.95 2,282.75 2,393.85 2,510.50

51.90452 54.42370 57.06884 59.84623 62.76249
4133 BUILDING INSPECTOR, 113,201.30 118,703.18 124,480.15 130,545.98 136,915.11 SENIOR 9,433.44 9,891.93 10,373.35 10,878.83 11,409.59
2,176.95 2,282.75 2,393.85 2,510.50 2,632.98

54.42370 57.06884 59.84623 62.76249 65.82457
4093 CIVIL ENGINEER, 116,342.66 122,001.62 127,943.50 134,182.51 140,733.47 ASSISTANT 9,695.22 10,166.80 10,661.96 11,181.88 11,727.79 2,237.36 2,346.19 2,460.45 2,580.43 2,706.41

55.93397 58.65463 61.51130 64.51082 67.66032
4100 CIVIL ENGINEER, 125,918.37 132,056.12 138,500.76 145,267.62 152,372.83 ASSOCIATE 10,493.20 11,004.68 11,541.73 12,105.64 12,697.74 2,421.51 2,539.54 2,663.48 2,793.61 2,930.25

60.53768 63.48852 66.58690 69.84020 73.25617
4091 CIVIL ENGINEER, JUNIOR 102,439.25 107,403.03 112,615.00 118,087.58 123,833.78 8,536.60 8,950.25 9,384.58 9,840.63 10,319.48
1,969.99 2,065.44 2,165.67 2,270.92 2,381.42

49.24964 51.63607 54.14183 56.77288 59.53547
4140 COMMUNITY 73,038.02 76,531.74 80,200.17 84,051.99 88,096.43 SERVICE SPECIALIST 6,086.50 6,377.65 6,683.35 7,004.33 7,341.37 1,404.58 1,471.76 1,542.31 1,616.38 1,694.16

35.11443 36.79411 38.55777 40.40961 42.35405
4141 COMMUNITY 76,209.50 79,980.13 83,939.31 88,096.43 92,461.41 SERVICE SPECIALIST II 6,350.79 6,665.01 6,994.94 7,341.37 7,705.12 1,465.57 1,538.08 1,614.22 1,694.16 1,778.10

36.63918 38.45199 40.35544 42.35405 44.45260

EXHIBIT A
192
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/07/2024
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
4150 CRIME & INTELLIGENCE 94,785.75 99,366.87 104,177.02 109,227.71 114,530.91 ANALYST 7,898.81 8,280.57 8,681.42 9,102.31 9,544.24
1,822.80 1,910.90 2,003.40 2,100.53 2,202.52

45.57007 47.77253 50.08511 52.51332 55.06294
4160 CRIME PREVENTION 78,744.53 82,523.58 86,491.57 90,657.97 95,032.69 SPECIALIST 6,562.04 6,876.97 7,207.63 7,554.83 7,919.39 1,514.32 1,586.99 1,663.30 1,743.42 1,827.55

37.85795 39.67480 41.58249 43.58556 45.68879
4170 CRISIS INTERVENTION 100,608.08 105,558.99 110,757.46 116,215.85 121,947.16 SPECIALIST 8,384.01 8,796.58 9,229.79 9,684.65 10,162.26 1,934.77 2,029.98 2,129.95 2,234.92 2,345.14

48.36927 50.74951 53.24878 55.87300 58.62844
4050 DIVISION CLERK 70,575.34 73,945.94 77,485.06 81,201.13 85,103.02 5,881.28 6,162.16 6,457.09 6,766.76 7,091.92
1,357.22 1,422.04 1,490.10 1,561.56 1,636.60

33.93045 35.55093 37.25243 39.03900 40.91491
4180 ECONOMIC DEVELOPMENT 91,264.84 95,669.92 100,295.25 105,151.83 110,251.23 SPECIALIST 7,605.40 7,972.49 8,357.94 8,762.65 9,187.60 1,755.09 1,839.81 1,928.75 2,022.15 2,120.22

43.87733 45.99515 48.21887 50.55376 53.00540
5090 ELECTRICIAN 97,836.02 102,608.89 107,620.41 112,882.49 118,407.69 8,153.00 8,550.74 8,968.37 9,406.87 9,867.31
1,881.46 1,973.25 2,069.62 2,170.82 2,277.07

47.03655 49.33120 51.74058 54.27043 56.92677
4092 ENGINEER, ASSISTANT 110,974.88 116,365.46 122,025.55 127,968.66 134,208.90 9,247.91 9,697.12 10,168.80 10,664.06 11,184.08
2,134.13 2,237.80 2,346.65 2,460.94 2,580.94

53.35331 55.94493 58.66613 61.52339 64.52351
4090 ENGINEER, JUNIOR 97,711.83 102,439.27 107,403.04 112,615.01 118,087.59 8,142.65 8,536.61 8,950.25 9,384.58 9,840.63
1,879.07 1,969.99 2,065.44 2,165.67 2,270.92

46.97684 49.24965 51.63608 54.14183 56.77288
4080 ENGINEERING SPECIALIST 110,974.88 116,365.46 122,025.55 127,968.66 134,208.90 9,247.91 9,697.12 10,168.80 10,664.06 11,184.08
2,134.13 2,237.80 2,346.65 2,460.94 2,580.94

53.35331 55.94493 58.66613 61.52339 64.52351
4070 ENGINEERING 95,602.88 100,224.84 105,077.91 110,173.63 115,524.14 TECHNICIAN, ASSIST 7,966.91 8,352.07 8,756.49 9,181.14 9,627.01 1,838.52 1,927.40 2,020.73 2,118.72 2,221.62

45.96292 48.18502 50.51823 52.96809 55.54045
4071 ENGINEERING 102,439.25 107,403.03 112,615.00 118,087.58 123,833.78 TECHNICIAN, ASSOC 8,536.60 8,950.25 9,384.58 9,840.63 10,319.48 1,969.99 2,065.44 2,165.67 2,270.92 2,381.42

49.24964 51.63607 54.14183 56.77288 59.53547

EXHIBIT A
193
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/07/2024
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
4072 ENGINEERING 106,376.57 111,537.23 116,955.91 122,645.53 128,619.63 TECHNICIAN, SENIOR 8,864.71 9,294.77 9,746.33 10,220.46 10,718.30 2,045.70 2,144.95 2,249.15 2,358.57 2,473.45

51.14258 53.62367 56.22880 58.96420 61.83636
5030 FACILITIES MAINTENANCE 62,249.61 65,203.90 68,305.93 71,563.04 74,983.02 TRAINEE 5,187.47 5,433.66 5,692.16 5,963.59 6,248.59
1,197.11 1,253.92 1,313.58 1,376.21 1,441.98

29.92770 31.34803 32.83939 34.40531 36.04953
5031 FACILITIES MAINTENANCE 69,575.53 72,896.12 76,382.74 80,043.70 83,887.71 WORKER I 5,797.96 6,074.68 6,365.23 6,670.31 6,990.64
1,337.99 1,401.85 1,468.90 1,539.30 1,613.23

33.44977 35.04621 36.72247 38.48255 40.33063
5032 FACILITIES MAINTENANCE 74,531.69 78,100.10 81,846.93 85,781.11 89,911.98 WORKER II 6,210.97 6,508.34 6,820.58 7,148.43 7,492.67
1,433.30 1,501.93 1,573.98 1,649.64 1,729.08

35.83254 37.54813 39.34949 41.24092 43.22691
5033 FACILITIES MAINTENANCE 78,190.12 81,941.45 85,880.34 90,016.19 94,358.83 WORKER, SENIOR 6,515.84 6,828.45 7,156.70 7,501.35 7,863.24 1,503.66 1,575.80 1,651.55 1,731.08 1,814.59

37.59140 39.39493 41.28863 43.27701 45.36482
5034 FACILITIES MAINTENANCE 87,853.08 92,087.54 96,533.75 101,202.26 106,104.20 WORKER, SUPERVISING 7,321.09 7,673.96 8,044.48 8,433.52 8,842.02 1,689.48 1,770.91 1,856.42 1,946.20 2,040.47

42.23706 44.27286 46.41046 48.65493 51.01163
4190 FAMILY THERAPIST 96,171.95 100,822.38 105,705.32 110,832.40 116,215.85 8,014.33 8,401.87 8,808.78 9,236.03 9,684.65
1,849.46 1,938.89 2,032.79 2,131.39 2,234.92

46.23651 48.47230 50.81987 53.28481 55.87300
5040 FLEET SERVICES WORKER 62,249.65 65,203.96 68,305.98 71,563.09 74,983.07 5,187.47 5,433.66 5,692.17 5,963.59 6,248.59
1,197.11 1,253.92 1,313.58 1,376.21 1,441.98

29.92772 31.34806 32.83941 34.40533 36.04955
4200 GIS SPECIALIST 110,974.88 116,365.44 122,025.54 127,968.65 134,208.89 9,247.91 9,697.12 10,168.80 10,664.05 11,184.07
2,134.13 2,237.80 2,346.65 2,460.94 2,580.94

53.35331 55.94492 58.66613 61.52339 64.52350
5050 GROUNDSKEEPER 62,249.61 65,203.90 68,305.92 71,563.03 74,983.01 TRAINEE 5,187.47 5,433.66 5,692.16 5,963.59 6,248.58
1,197.11 1,253.92 1,313.58 1,376.21 1,441.98

29.92770 31.34803 32.83938 34.40530 36.04952
5051 GROUNDSKEEPER I 69,575.53 72,896.12 76,382.74 80,043.70 83,887.71 5,797.96 6,074.68 6,365.23 6,670.31 6,990.64
1,337.99 1,401.85 1,468.90 1,539.30 1,613.23

33.44977 35.04621 36.72247 38.48255 40.33063

EXHIBIT A
194
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/07/2024
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
5052 GROUNDSKEEPER II 74,531.69 78,100.11 81,846.93 85,781.11 89,911.98 6,210.97 6,508.34 6,820.58 7,148.43 7,492.67
1,433.30 1,501.93 1,573.98 1,649.64 1,729.08

35.83254 37.54813 39.34949 41.24092 43.22691
5053 GROUNDSKEEPER III 78,190.12 81,941.45 85,880.34 90,016.19 94,358.83 6,515.84 6,828.45 7,156.70 7,501.35 7,863.24
1,503.66 1,575.80 1,651.55 1,731.08 1,814.59

37.59140 39.39493 41.28863 43.27701 45.36482
5055 GROUNDSKEEPER, 87,853.08 92,087.54 96,533.75 101,202.26 106,104.20 SUPERVISING 7,321.09 7,673.96 8,044.48 8,433.52 8,842.02 1,689.48 1,770.91 1,856.42 1,946.20 2,040.47

42.23706 44.27286 46.41046 48.65493 51.01163
4210 INFORMATION 83,064.65 87,098.95 91,334.97 95,782.79 100,452.99 TECHNOLOGY TECHNICIAN 6,922.05 7,258.25 7,611.25 7,981.90 8,371.08 1,597.40 1,674.98 1,756.44 1,841.98 1,931.79

39.93493 41.87450 43.91104 46.04942 48.29471
4211 INFORMATION TECHNOLOGY 91,066.74 95,501.14 100,157.26 105,046.20 110,179.57 TECHNICIAN, SENIOR 7,588.90 7,958.43 8,346.44 8,753.85 9,181.63 1,751.28 1,836.56 1,926.10 2,020.12 2,118.84

43.78209 45.91401 48.15253 50.50298 52.97095
5054 LANDSCAPE MAINTENANCE 83,532.03 87,550.44 91,769.78 96,200.09 100,851.92 SPECIALIST 6,961.00 7,295.87 7,647.48 8,016.67 8,404.33 1,606.39 1,683.66 1,764.80 1,850.00 1,939.46

40.15963 42.09156 44.12009 46.25004 48.48650
4230 LIBRARIAN I 75,348.04 78,957.27 82,746.95 86,726.12 90,904.24 6,279.00 6,579.77 6,895.58 7,227.18 7,575.35
1,449.00 1,518.41 1,591.29 1,667.81 1,748.16

36.22502 37.96023 39.78219 41.69525 43.70396
4231 LIBRARIAN II 83,415.29 87,427.88 91,641.09 96,064.96 100,710.03 6,951.27 7,285.66 7,636.76 8,005.41 8,392.50
1,604.14 1,681.31 1,762.33 1,847.40 1,936.73

40.10350 42.03263 44.05822 46.18508 48.41828
4221 LIBRARY ASSISTANT 71,002.14 74,394.06 77,955.59 81,695.19 85,621.79 5,916.85 6,199.51 6,496.30 6,807.93 7,135.15
1,365.43 1,430.66 1,499.15 1,571.06 1,646.57

34.13564 35.76638 37.47865 39.27653 41.16432
4222 LIBRARY ASSISTANT, 79,511.76 83,329.18 87,337.46 91,546.15 95,965.29 SUPERVISING 6,625.98 6,944.10 7,278.12 7,628.85 7,997.11 1,529.07 1,602.48 1,679.57 1,760.50 1,845.49

38.22681 40.06211 41.98916 44.01257 46.13716
4220 LIBRARY CLERK 62,584.43 65,555.48 68,675.08 71,950.64 75,389.99 5,215.37 5,462.96 5,722.92 5,995.89 6,282.50
1,203.55 1,260.68 1,320.67 1,383.67 1,449.81

30.08867 31.51706 33.01687 34.59165 36.24519

EXHIBIT A
195
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/07/2024
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
5060 MAINTENANCE 62,249.61 65,203.90 68,305.92 71,563.03 74,983.01 TRAINEE 5,187.47 5,433.66 5,692.16 5,963.59 6,248.58
1,197.11 1,253.92 1,313.58 1,376.21 1,441.98

29.92770 31.34803 32.83938 34.40530 36.04952
5061 MAINTENANCE 69,575.53 72,896.12 76,382.74 80,043.70 83,887.71 WORKER I 5,797.96 6,074.68 6,365.23 6,670.31 6,990.64
1,337.99 1,401.85 1,468.90 1,539.30 1,613.23

33.44977 35.04621 36.72247 38.48255 40.33063
5062 MAINTENANCE 74,531.69 78,100.10 81,846.93 85,781.11 89,911.98 WORKER II 6,210.97 6,508.34 6,820.58 7,148.43 7,492.67
1,433.30 1,501.93 1,573.98 1,649.64 1,729.08

35.83254 37.54813 39.34949 41.24092 43.22691
5063 MAINTENANCE 78,190.12 81,941.45 85,880.34 90,016.19 94,358.83 WORKER III 6,515.84 6,828.45 7,156.70 7,501.35 7,863.24 1,503.66 1,575.80 1,651.55 1,731.08 1,814.59

37.59140 39.39493 41.28863 43.27701 45.36482
5070 MECHANIC 86,146.96 90,296.14 94,652.75 99,227.22 104,030.41 7,178.91 7,524.68 7,887.73 8,268.94 8,669.20
1,656.67 1,736.46 1,820.25 1,908.22 2,000.58

41.41681 43.41161 45.50613 47.70539 50.01462
5071 MECHANIC SENIOR 93,456.84 97,971.51 102,711.90 107,689.32 112,915.62 7,788.07 8,164.29 8,559.33 8,974.11 9,409.64
1,797.25 1,884.07 1,975.23 2,070.95 2,171.45

44.93117 47.10169 49.38072 51.77371 54.28636
4240 NEIGHBORHOOD 102,439.25 107,403.03 112,615.00 118,087.58 123,833.78 PRESERVATION OFFICER 8,536.60 8,950.25 9,384.58 9,840.63 10,319.48 1,969.99 2,065.44 2,165.67 2,270.92 2,381.42

49.24964 51.63607 54.14183 56.77288 59.53547
5020 PARTS AND INVENTORY 72,767.98 76,248.19 79,902.42 83,739.36 87,768.16 CONTROL WORKER 6,064.00 6,354.02 6,658.54 6,978.28 7,314.01 1,399.38 1,466.31 1,536.59 1,610.37 1,687.85

34.98461 36.65778 38.41463 40.25931 42.19623
4250 PERMIT TECHNICIAN 74,087.65 77,633.85 81,357.37 85,267.06 89,372.24 6,173.97 6,469.49 6,779.78 7,105.59 7,447.69
1,424.76 1,492.96 1,564.56 1,639.75 1,718.70

35.61906 37.32397 39.11412 40.99378 42.96742
4251 PERMIT TECHNICIAN II 79,052.31 82,846.74 86,830.91 91,014.27 95,406.80 6,587.69 6,903.90 7,235.91 7,584.52 7,950.57
1,520.24 1,593.21 1,669.83 1,750.27 1,834.75

38.00592 39.83016 41.74563 43.75686 45.86865
4260 PLAN CHECK ENGINEER 125,813.43 131,945.92 138,385.03 145,146.12 152,245.26 10,484.45 10,995.49 11,532.09 12,095.51 12,687.11
2,419.49 2,537.42 2,661.25 2,791.27 2,927.79

60.48723 63.43554 66.53126 69.78179 73.19484

EXHIBIT A
196
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/07/2024
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
4120 PLANNER, ASSISTANT 102,132.14 107,080.58 112,276.43 117,732.08 123,460.49 8,511.01 8,923.38 9,356.37 9,811.01 10,288.37
1,964.08 2,059.24 2,159.16 2,264.08 2,374.24

49.10199 51.48105 53.97905 56.60196 59.35600
4121 PLANNER, ASSOCIATE 117,732.08 123,460.49 129,475.34 135,790.93 142,422.30 9,811.01 10,288.37 10,789.61 11,315.91 11,868.53
2,264.08 2,374.24 2,489.91 2,611.36 2,738.89

56.60196 59.35600 62.24776 65.28410 68.47226
4122 PLANNER, SENIOR 123,460.52 129,475.36 135,790.95 142,422.32 149,385.26 10,288.38 10,789.61 11,315.91 11,868.53 12,448.77
2,374.24 2,489.91 2,611.36 2,738.89 2,872.79

59.35602 62.24777 65.28411 68.47227 71.81984
4270 POLICE CLERK 68,698.19 71,974.91 75,415.49 79,028.10 82,821.31 5,724.85 5,997.91 6,284.62 6,585.68 6,901.78
1,321.12 1,384.13 1,450.30 1,519.77 1,592.72

33.02798 34.60332 36.25745 37.99428 39.81794
4271 POLICE CLERK, 71,974.99 75,415.56 79,028.17 82,821.39 86,804.29 SENIOR 5,997.92 6,284.63 6,585.68 6,901.78 7,233.69
1,384.13 1,450.30 1,519.77 1,592.72 1,669.31

34.60336 36.25748 37.99431 39.81798 41.73283
4272 POLICE CLERK, 84,831.42 88,914.81 93,202.37 97,704.33 102,431.36 SUPERVISING 7,069.29 7,409.57 7,766.86 8,142.03 8,535.95 1,631.37 1,709.90 1,792.35 1,878.93 1,969.83

40.78434 42.74750 44.80883 46.97324 49.24585
4280 POLICE IDENTIFICATION 86,417.20 90,579.87 94,950.69 99,540.05 104,358.89 TECHNICIAN 7,201.43 7,548.32 7,912.56 8,295.00 8,696.57 1,661.87 1,741.92 1,825.97 1,914.23 2,006.90

41.54673 43.54801 45.64937 47.85579 50.17254
4290 PROPERTY AND EVIDENCE 73,038.02 76,531.74 80,200.17 84,051.99 88,096.43 SPECIALIST 6,086.50 6,377.65 6,683.35 7,004.33 7,341.37 1,404.58 1,471.76 1,542.31 1,616.38 1,694.16

35.11443 36.79411 38.55777 40.40961 42.35405
4291 PROPERTY AND EVIDENCE 82,452.76 86,417.22 90,579.89 94,950.72 99,540.07 SPECIALIST, SUPERVISING 6,871.06 7,201.44 7,548.32 7,912.56 8,295.01 1,585.63 1,661.87 1,741.92 1,825.98 1,914.23

39.64075 41.54674 43.54802 45.64938 47.85580
4300 PUBLIC SAFETY 84,831.42 88,914.81 93,202.37 97,704.33 102,431.36 DISPATCHER 7,069.29 7,409.57 7,766.86 8,142.03 8,535.95 1,631.37 1,709.90 1,792.35 1,878.93 1,969.83

40.78434 42.74750 44.80883 46.97324 49.24585
4301 PUBLIC SAFETY 88,914.77 93,202.33 97,704.28 102,431.32 107,394.72 DISPATCHER, SENIOR 7,409.56 7,766.86 8,142.02 8,535.94 8,949.56 1,709.90 1,792.35 1,878.93 1,969.83 2,065.28

42.74749 44.80881 46.97321 49.24583 51.63208

EXHIBIT A
197
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/07/2024
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
4302 PUBLIC SAFETY 97,758.70 102,488.47 107,454.71 112,669.28 118,144.56 DISPATCHER, SUPERVISING 8,146.56 8,540.71 8,954.56 9,389.11 9,845.38 1,879.98 1,970.93 2,066.44 2,166.72 2,272.01

46.99938 49.27330 51.66092 54.16792 56.80027
4310 PURCHASING SPECIALIST, 89,044.61 93,457.00 98,090.01 102,954.67 108,062.56 SUPERVISING 7,420.38 7,788.08 8,174.17 8,579.56 9,005.21 1,712.40 1,797.25 1,886.35 1,979.90 2,078.13

42.80991 44.93125 47.15866 49.49744 51.95315
4320 RECYCLING SPECIALIST 91,264.83 95,669.90 100,295.23 105,151.81 110,251.20 7,605.40 7,972.49 8,357.94 8,762.65 9,187.60
1,755.09 1,839.81 1,928.75 2,022.15 2,120.22

43.87732 45.99514 48.21886 50.55375 53.00538
5081 TRAFFIC SIGNAL 75,385.36 78,996.46 82,788.10 86,769.34 90,949.62 TECHNICIAN TRAINEE 6,282.11 6,583.04 6,899.01 7,230.78 7,579.14 1,449.72 1,519.16 1,592.08 1,668.64 1,749.03

36.24296 37.97907 39.80197 41.71603 43.72578
5080 TRAFFIC SIGNAL 80,440.90 84,304.76 88,361.84 92,621.75 97,094.67 TECHNICIAN 6,703.41 7,025.40 7,363.49 7,718.48 8,091.22 1,546.94 1,621.25 1,699.27 1,781.19 1,867.21

38.67351 40.53113 42.48165 44.52969 46.68013
5082 TRAFFIC SIGNAL 87,853.08 92,087.54 96,533.75 101,202.26 106,104.20 TECHNICIAN, SENIOR 7,321.09 7,673.96 8,044.48 8,433.52 8,842.02 1,689.48 1,770.91 1,856.42 1,946.20 2,040.47

42.23706 44.27286 46.41046 48.65493 51.01163
4110 TRANSPORTATION 125,918.37 132,056.12 138,500.76 145,267.62 152,372.83 ENGINEER, ASSOCIATE 10,493.20 11,004.68 11,541.73 12,105.64 12,697.74 2,421.51 2,539.54 2,663.48 2,793.61 2,930.25

60.53768 63.48852 66.58690 69.84020 73.25617
5150 WASTEWATER COLLECTIONS 62,249.61 65,203.90 68,305.92 71,563.03 74,983.01 SYSTEMS TRAINEE 5,187.47 5,433.66 5,692.16 5,963.59 6,248.58 1,197.11 1,253.92 1,313.58 1,376.21 1,441.98

29.92770 31.34803 32.83938 34.40530 36.04952
5151 WASTEWATER COLLECTIONS 71,783.37 75,253.61 78,897.36 82,723.30 86,740.53 SYSTEMS WORKER I 5,981.95 6,271.13 6,574.78 6,893.61 7,228.38 1,380.45 1,447.18 1,517.26 1,590.83 1,668.09

34.51124 36.17962 37.93142 39.77082 41.70218
5152 WASTEWATER COLLECTIONS 78,713.37 82,530.10 86,537.68 90,745.63 95,163.99 SYSTEMS WORKER II 6,559.45 6,877.51 7,211.47 7,562.14 7,930.33 1,513.72 1,587.12 1,664.19 1,745.11 1,830.08

37.84297 39.67793 41.60465 43.62771 45.75192
5153 WASTEWATER COLLECTIONS 86,374.91 90,574.73 94,984.54 99,614.84 104,476.64 SYSTEMS WORKER III 7,197.91 7,547.89 7,915.38 8,301.24 8,706.39 1,661.06 1,741.82 1,826.63 1,915.67 2,009.17

41.52640 43.54554 45.66564 47.89175 50.22915

EXHIBIT A
198
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/07/2024
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
5160 WATER DISTRIBUTION 66,385.61 69,546.72 72,865.88 76,350.99 80,010.38 OPERATOR TRAINEE 5,532.13 5,795.56 6,072.16 6,362.58 6,667.53 1,276.65 1,337.44 1,401.27 1,468.29 1,538.66

31.91616 33.43592 35.03167 36.70721 38.46653
5161 WATER DISTRIBUTION 74,225.17 77,778.24 81,508.97 85,426.25 89,539.38 OPERATOR I 6,185.43 6,481.52 6,792.41 7,118.85 7,461.62 1,427.41 1,495.74 1,567.48 1,642.81 1,721.91

35.68518 37.39338 39.18700 41.07031 43.04778
5162 WATER DISTRIBUTION 84,884.40 88,970.45 93,260.79 97,765.65 102,495.75 OPERATOR II 7,073.70 7,414.20 7,771.73 8,147.14 8,541.31 1,632.39 1,710.97 1,793.48 1,880.11 1,971.07

40.80981 42.77425 44.83692 47.00272 49.27680
5163 WATER DISTRIBUTION 91,422.05 95,834.96 100,468.55 105,333.81 110,442.30 OPERATOR III 7,618.50 7,986.25 8,372.38 8,777.82 9,203.53 1,758.12 1,842.98 1,932.09 2,025.65 2,123.89

43.95291 46.07450 48.30219 50.64125 53.09726
5164 WATER DISTRIBUTION 95,834.98 100,468.57 105,333.83 110,442.32 115,806.28 SENIOR OPERATOR 7,986.25 8,372.38 8,777.82 9,203.53 9,650.52 1,842.98 1,932.09 2,025.65 2,123.89 2,227.04

46.07451 48.30220 50.64126 53.09727 55.67610
5165 WATER DISTRIBUTION 105,102.14 110,199.08 115,550.85 121,170.21 127,070.56 SUPERVISING OPERATOR 8,758.51 9,183.26 9,629.24 10,097.52 10,589.21 2,021.20 2,119.21 2,222.13 2,330.20 2,443.66

50.52988 52.98033 55.55329 58.25491 61.09162
5170 WATER RESOURCES 98,795.12 103,615.93 108,677.80 113,992.76 119,573.47 COORDINATOR 8,232.93 8,634.66 9,056.48 9,499.40 9,964.46 1,899.91 1,992.61 2,089.96 2,192.17 2,299.49

47.49765 49.81535 52.24894 54.80421 57.48725
5171 WATER RESOURCES 102,608.89 107,620.41 112,882.49 118,407.69 124,209.15 COORDINATOR - ELECTRICAL & 8,550.74 8,968.37 9,406.87 9,867.31 10,350.76 INSTRUMENTATION 1,973.25 2,069.62 2,170.82 2,277.07 2,388.64

49.33120 51.74058 54.27043 56.92677 59.71594
5100 WR INSTRUMENT 93,416.70 97,968.60 102,748.11 107,766.58 113,035.97 CONTROL TECHNICIAN 7,784.73 8,164.05 8,562.34 8,980.55 9,419.66 1,796.48 1,884.01 1,975.93 2,072.43 2,173.77

44.91188 47.10029 49.39813 51.81086 54.34422
5110 WR LABORATORY 89,300.98 93,647.10 98,210.53 103,002.12 108,033.30 TECHNICIAN 7,441.75 7,803.93 8,184.21 8,583.51 9,002.78 1,717.33 1,800.91 1,888.66 1,980.81 2,077.56

42.93316 45.02264 47.21660 49.52025 51.93909
5120 WR MECHANIC I 83,506.88 87,602.74 91,903.39 96,419.08 101,160.55 6,958.91 7,300.23 7,658.62 8,034.92 8,430.05
1,605.90 1,684.67 1,767.37 1,854.21 1,945.40

40.14754 42.11670 44.18432 46.35533 48.63488

EXHIBIT A
199
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/07/2024
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
5121 WR MECHANIC II 94,081.30 98,705.88 103,561.69 108,660.29 114,013.82 7,840.11 8,225.49 8,630.14 9,055.02 9,501.15
1,809.26 1,898.19 1,991.57 2,089.62 2,192.57

45.23139 47.45475 49.78927 52.24052 54.81434
5131 WR OPERATOR - GRADE I 84,329.71 88,388.00 92,649.24 97,123.51 101,821.50 7,027.48 7,365.67 7,720.77 8,093.63 8,485.13
1,621.73 1,699.77 1,781.72 1,867.76 1,958.11

40.54313 42.49423 44.54290 46.69400 48.95264
5132 WR OPERATOR - GRADE II 88,377.12 92,637.79 97,111.51 101,808.90 106,741.17 7,364.76 7,719.82 8,092.63 8,484.08 8,895.10
1,699.56 1,781.50 1,867.53 1,957.86 2,052.71

42.48900 44.53740 46.68823 48.94659 51.31787
5133 WR OPERATOR - GRADE III 95,313.48 99,920.98 104,758.85 109,838.61 115,172.36 7,942.79 8,326.75 8,729.90 9,153.22 9,597.70
1,832.95 1,921.56 2,014.59 2,112.28 2,214.85

45.82379 48.03893 50.36483 52.80702 55.37133
5130 WR OPERATOR - TRAINEE 71,397.02 74,808.69 78,390.95 82,152.33 86,101.77 5,949.75 6,234.06 6,532.58 6,846.03 7,175.15
1,373.02 1,438.63 1,507.52 1,579.85 1,655.80

34.32549 35.96572 37.68796 39.49631 41.39508
5134 WR SENIOR OPERATOR 99,935.20 104,773.79 109,854.29 115,188.83 120,790.10 8,327.93 8,731.15 9,154.52 9,599.07 10,065.84
1,921.83 2,014.88 2,112.58 2,215.17 2,322.89

48.04577 50.37201 52.81456 55.37925 58.07216
5141 WR SOURCE CONTROL 93,784.92 98,355.24 103,154.07 108,192.83 113,483.55 INSPECTOR 7,815.41 8,196.27 8,596.17 9,016.07 9,456.96
1,803.56 1,891.45 1,983.73 2,080.63 2,182.38

45.08890 47.28617 49.59330 52.01578 54.55940
5140 WR SOURCE CONTROL 88,348.71 92,607.98 97,080.20 101,776.02 106,706.64 TECHNICIAN 7,362.39 7,717.33 8,090.02 8,481.34 8,892.22 1,699.01 1,780.92 1,866.93 1,957.23 2,052.05

42.47534 44.52307 46.67317 48.93078 51.30127
5135 WR SUPERVISING 109,605.26 114,927.33 120,515.52 126,383.12 132,544.09 OPERATOR 9,133.77 9,577.28 10,042.96 10,531.93 11,045.34 2,107.79 2,210.14 2,317.61 2,430.44 2,548.92

52.69484 55.25352 57.94015 60.76112 63.72312
4330 YOUTH SERVICES CASE 87,919.94 92,157.75 96,607.48 101,279.67 106,185.48 COORDINATOR 7,326.66 7,679.81 8,050.62 8,439.97 8,848.79 1,690.77 1,772.26 1,857.84 1,947.69 2,042.03

42.26920 44.30661 46.44590 48.69215 51.05071

EXHIBIT A
200
CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES

CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
3110 POLICE OFFICER 115,358.76 121,126.70 127,183.04 133,542.19 140,219.30 9,
613.23 10,093.89 10,598.59 11,128.52 11,684.94
2218.44 2329.36 2445.83 2568.12 2696.53

55.46094 58.23399 61.14569 64.20298 67.41313
3100 POLICE SERGEANT 143,541.70 150,718.78 158,254.72 166,167.46 174,475.83 11,961.81 12,559.90 13,187.89 13,847.29 14,539.65
2760.42 2898.44 3043.36 3195.53 3355.30

69.01043 72.46095 76.08400 79.88820 83.88261
3120 POLICE TRAINEE 40.40550 - - - -
(Non-Sworn)

CITY OF LIVERMORE

POLICE OFFICER'S ASSOCIATION
EFFECTIVE 05/06/2024

2. LPOA May 6, 2024
4/25/2024 Page 1 of 1

EXHIBIT A
201
Class
Code Classification Monthly Salary Range
$14,447.70 - $18,059.62
2030 Assistant Community Development Director
2045 Assistant Public Works Director
2060 City Engineer
$13,440.01 - $16,800.01
2025 Assistant City Engineer
2050 Building Official
2090 Finance Manager
2125 Maintenance and Golf Operations Manager
2145 Planning Manager
2220 Water Resources Division Manager
$12,776.71 - $15,970.89
2005 Airport Manager
2095 Housing & Human Services Manager
$12,643.58 - $15,804.48
2200 Senior Transportation Engineer
$12,132.52 - $15,165.65
2140 Permit Center Manager
$12,108.13 - $15,135.16
2190 Senior Civil Engineer
$11,963.50 - $14,954.37
2070 IT Operations Manager
2115 Information Technology Manager
$11,615.05 - $14,518.81
2055 City Clerk
2100 Housing Programs Manager
2105 Human Services Programs Manager
2165 Police Support Services Manager
2170 Principal Planner
2240 Youth and Family Services Manager - Clinical
$10,966.23 - $13,707.79
2035 Assistant Finance Manager
2040 Assistant Library Director
2085 Economic Development Manager
2120 Inspection & Neighborhood Preservation Manager
2225 Water Resources Operations Manager
2230 Water Resources Technical Programs Manager
2245 Youth and Family Services Manager - Programs

CITY OF LIVERMORE

MANAGEMENT SALARY SCHEDULE
$7,900 - $18,060/month
Effective July 1, 2024

EXHIBIT A
202
Class
Code Classification Monthly Salary Range

CITY OF LIVERMORE

MANAGEMENT SALARY SCHEDULE
$7,900 - $18,060/month
Effective July 1, 2024
$10,424.41 - $13,030.51
2000 Accounting Supervisor
2110 Information Technology Coordinator
2195 Management Analyst, Senior
2175 Public Works Manager
2210 Systems Administrator
2215 Water Distribution Operations Manager
$10,313.76 - $12,892.20
2065 Construction Inspection Manager
$10,266.69 - $12,833.36
2150 Police Business Services Manager
2155 Police Facility & Equipment Manager
$9,742.94 - $12,178.68
2020 Assistant City Clerk
2135 Management Analyst II
2160 Police Media & Community Relations Analyst
2180 Public Works Supervisor
$7,923.28 - $9,904.10
2080 Deputy City Clerk
2130 Management Analyst I
2205 Supervising Librarian
2235 Water Resources Communications Representative

EXHIBIT A
203
Class
Code Classification
2405 Assistant Administrative Services Director (Conf)* $14,447.70 - $18,059.62 2440 Assistant City Attorney, Senior (Confidential) $15,576.62 - $19,470.78 2442 Assistant City Attorney (Confidential)* $14,447.70 - $18,059.62 2400 Assistant to the City Manager (Confidential) $12,776.71 - $15,970.89 2444 Deputy City Attorney (Confidential)* $10,266.69 - $12,833.36 2420 Human Resources Manager (Confidential) $13,440.01 - $16,800.01 2450 Human Resources Analyst, Senior (Conf) $10,424.41 - $13,030.51 2411 Human Resources Analyst II (Confidential) $9,742.94 - $12,178.68 2410 Human Resources Analyst I (Confidential) $7,923.28 - $9,904.10 2460 Management Analyst, Senior (Confidential) $10,424.41 - $13,030.51 2431 Management Analyst II (Confidential) $9,742.94 - $12,178.68 2430 Management Analyst I (Confidential) $7,923.28 - $9,904.10 2465 Risk Manager (Confidential) $11,767.27 - $14,709.09 *Moved to Management Confidential effective October 7, 2024

CITY OF LIVERMORE
Monthly Salary Range
Effective July 1, 2024
$7,920 - $19,500/month

MANAGEMENT CONFIDENTIAL SALARY SCHEDULE

EXHIBIT A
204

CITY OF LIVERMORE

POLICE MANAGEMENT SALARY SCHEDULE
$14,860 - $23,050/month
Effective July 1, 2024
Class
Code Classification Salary Range
3000 Police Captain $18,433.26 - $23,041.57
3010 Police Lieutenant $14,863.78 - $18,579.73

EXHIBIT A
205
Class
Code Classifications
2600 Administrative Receptionist $5,248.02 - $6,560.02
2610 Administrative Specialist I $6,074.42 - $7,593.03
2611 Administrative Specialist II $6,831.78 - $8,539.72 2620 Executive Assistant $8,745.71 - $10,932.14
2630 Human Resources Clerk I $6,074.42 - $7,593.03
2631 Human Resources Clerk II $6,682.54 - $8,353.18
2640 Human Resources Technician $7,332.50 - $9,165.63
2650 Law Office Supervisor $8,745.71 - $10,932.14
2660 Legal Assistant $7,262.82 - $9,078.52
Monthly Salary Range

CITY OF LIVERMORE

CONFIDENTIAL SALARY SCHEDULE
$5,240 - $10,940/month
Effective July 1, 2024

EXHIBIT A
206
Class
Code Classification Monthly Salary Range
1215 Administrative Services Director $16,435.43 - $20,544.29 1200 Assistant City Manager $17,729.26 - $22,161.58
1220 Community Development Director $16,435.43 - $20,544.29 1205 Deputy City Manager $14,095.31 - $17,619.14
1210 Deputy City Manager/City Clerk $14,095.31 - $17,619.14 1225 Innovation & Economic Development Dir $16,435.43 - $20,544.29 1230 Library Services Director $16,435.43 - $20,544.29
1235 Police Chief* $20,841.11 - $26,051.39
1240 Public Works Director $16,435.43 - $20,544.29
*2.5% Salary Adjustment effective 07/01/2024

CITY OF LIVERMORE

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

EXHIBIT A
207

CITY OF LIVERMORE

APPOINTED MANAGEMENT
Class
Code Classification Annual Salary Effective
1000 City Manager $344,796 11/20/2023

1100 City Attorney $307,580 11/20/2023

EXHIBIT A
208

CITY OF LIVERMORE

UNCLASSIFIED AND HOURLY SALARY SCHEDULE
Class
Code Classification Hourly Salary Range Effective Date 8200 Department Assistant $16.00 - $26.00 01/01/24
8205 Field/Maintenance Aide $16.00 - $26.00 01/01/24
8210 Law Clerk $16.00 - $26.00 01/01/24
8230 Temporary Librarian $22.00 - $32.00 01/01/24
8235 Temporary Library Assistant $20.00 - $30.00 01/01/24 8240 Temporary Library Clerk $18.00 - $28.00 01/01/24
8215 Library Aide $16.00 - $20.00 01/01/24
8220 Police Cadet $16.00 - $26.00 01/01/24
8225 Special Projects Coordinator $20.00 - $100.00 12/20/21

EXHIBIT A
209

CITY COUNCIL STAFF REPORT
ITEM NO. 11.1

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

Material: Council Reports

DATE:

September 23, 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.

DISCUSSION

ATTACHMENTS

8.0 Council Reports

Prepared by: Helena Graves
Deputy City Clerk

210
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
211
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 9/11/2024
City of Livermore and Livermore-Pleasanton
Fire Department (LPFD) Gathering Attended the 9/11 observance at Station #9 Mayor Marchand 9/11/2024 Visit Tri-Valley Regional update Update on VTV activities and potential
sports/event center for the Tri-Valley. VTV is
vetting potential locations.

Mayor Marchand 9/11/2024 Alameda County Mayors Conference Meeting Heard the City report from Fremont, a
presentation on a new eVTOL commuter
technology company and made an appointment
to LAFCO,
Mayor Marchand 9/12/2024 City of Livermore
History and government
Presentations
Made presentations to students from Marylin
Avenue School in the Mendenhall Room.

Mayor Marchand 9/12/2024 Livermore Police Department Ceremonies Attended the badge-pinning, promotion and
retirement ceremonies.

Mayor Marchand 9/13/2024 Innovation Tri-Valley (ITV) Board Meeting Received a recap of ITV activities and
participated on a visioning workshop.

Mayor Marchand 9/15/2024 Livermore Lions Club Anniversary Presented a proclamation recognizing the 100th
anniversary of the Livermore Lions Club.

Mayor Marchand 9/16/2024 Tri-Valley Cities Council Mayor-Manager meeting Heard legislative updates and set the agenda for
the next TVCC meeting
Mayor Marchand 9/18/2024 Valley Link
Tri-Valley-San Joaquin Valley
Regional Rail Authority - Valley Link
– Joint Powers Authority (JPA)
meeting
Approved financials and received an update of
JPA activities
Mayor Marchand 9/18/2024 Livermore Valley Chamber of Commerce 5th Annual Multi Chamber Business
Expo & Mixer.

Networked with other local chambers and
businesses
Mayor Marchand 9/19/2024 City of Livermore Mayor's Report Provided an update on City activities.

Mayor Marchand 9/20/2024 Livermore-Pleasanton Fire Department (LPFD) Badge-pinning and promotion
ceremony Attended ceremony
Mayor Marchand 9/20/2024 City of Livermore Retirement
Presented a proclamation for the retirement of
Hamm Inthavong.

Mayor Marchand 9/21/2024 Livermore Valley Arts Celebration Attended the Celebration of Indigenous Peoples
Day at Shea Plaza at the Bankhead.

Item 8.0
Council Reports
212
Council Member
Date of Meeting
or Event Committee or Organization
Meeting or Event Type (ex. board
meeting or ribbon cutting)
Vice Mayor Carling 9/20/2024 Alameda Landfill Open Space Committee (ALOSC) Board Meeting Item 8.0
Council Reports
213
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 9/15/2024 City of Livermore
100 year anniversary of the
Livermore Lions Club
Director of Fertile Ground Works was awarded
The Citizen of The Year, several members
received Melvin Jones Awards -Ann Lopez, Pam
Tegge & Ben Barrientos. Mayor Marchand
presented a proclamation from the City
Council Member Barrientos 9/18/2024 Ava Community Energy Board of Directors Meeting The board voted to accept power from the Diablo
Canyon Nuclear Power Plant (“DCPP”)
Council Member Barrientos 9/16/2024 Trails Committee Meeting Discussed how to engage several entities on the
connection of several trails throughout our area
Item 8.0
Council Reports
214
Council Member
Date of Meeting
or Event Committee or Organization
Meeting or Event Type (ex. board
meeting or ribbon cutting)
Council Member Branning 9/17/2024 Livermore Downtown Inc (LDI) Board Meeting Council Member Branning 9/12/2024 Livermore Police Department (LPD) Swearing in/Awards Ceremony Council Member Branning 9/20/2024 Livermore-Pleasanton Fire Department (LPFD) Badge Pinning Ceremony Council Member Branning 9/11/2024 Visit Tri-Valley Cirque Tri-Valley Council Member Branning 9/21/2024 Sunflower Hill Fundraiser Gala Item 8.0
Council Reports
215

Livermore City CouncilSeptember 23, 2024

Livermore City Council
September 23, 2024