Agenda packet — Livermore City Council, October 28, 2024 (part 2 of 2)

(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 September 23 , 20 24, and terminates upon the completion of the Services or March 23, 2026, whichever occurs first.

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

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

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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 Ci ty 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. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Consultant shall hold harmless, indemnify, and defend with counsel selected by the City or otherwise acceptable to the City, the City and its elected and appointed officials, officers, directors, employees, agents and designated volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) o f every nature arising out of or in connection with Consultant’s performance of the services contemplated by this Agreement, or in connection with Consultant’s failure to comply with any of its obligations contained in this Agreement , except for such Liability caused by the sole active negligence or willful misconduct of City. Consultant’s obligations to hold harmless, indemnify, and defend shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City.
(a) Modification for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Consultant’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.
(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Consultant’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e).

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

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

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

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

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

16. Economic Disclosure. Consultant shall comply with City’s local conflict of interest code and the Political Reform Act, and prepare and file an economic disclosure statement if the 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.

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

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

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

20. Construction of Language . 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 Docusign Envelope ID: E2314E58-5E48-482F-8EDE-49BC0EAFC5E4 ATTACHMENT 2
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conflict between the language in the body of the Agreement and an attachment hereto, the language in the body of the Agreement controls.

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

Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is 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.

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: Stephen Riley, Planning Manager
City of Livermore
1052 S Livermore Avenue
Livermore, California 94550
TO CONSULTANT: Attention: Ian Howell, Senior Project Manager Alameda County Resource Conservation District
3585 Greenville Road, Suite 2
Livermore, CA 94550

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

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

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

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

27. Counterparts. This Agreement may be executed and delivered in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email, or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof Docusign Envelope ID: E2314E58-5E48-482F-8EDE-49BC0EAFC5E4 ATTACHMENT 2
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shall be deemed to constitute duplicate originals and shall be valid and effective for all purposes.
********************************************************************************************* 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.

CONSULTANT: Dated:
____________________________ ___________________________ Marilyn Harvey
Interim Chief Executive Officer
CITY OF LIVERMORE: Dated:
____________________________ ____________________________ Tina Olson
Administrative Services Director
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
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Summary of Proposed Work – Altamont Open Space Fund: Rancher Easement Outreach

The Alameda County Resource Conservation District (ACRCD) and the California Rangeland Trust (CRT) will conduct outreach to educate Alameda County ranchers about permanent conservation easements.

The goal of the outreach program is to generate future grant proposals for the Altamont Open Space Fund by educating ranchers and other rural landowners about the value of placing perpetual conservation easements on their properties. The outreach program will consist of two in-person workshops, one each in the western 20% and the eastern 80% funding areas, as well as the production of a webinar that can be viewed online at any time. Additionally, the program will establish an innovative revolving fund to help landowners cover up-front appraisal costs associated with assessing the value of a conservation easement value.

Roles and Responsibilities
Alameda County Resource Conservation District (ACRCD) – will serve as the fiscal and project lead entity. ACRCD is responsible for contract coordination with the City of Livermore. ACRCD will directly manage the Easement Appraisal Revolving Fund. ACRCD will support workshop planning and execution.

California Rangeland Trust (CRT) – will serve as the subject experts in the easement education workshops and webinar. CRT will operate as a sub-awardee/subcontractor on the project under the ACRCD. CRT will evaluate prospective conservation easement deals and the viability of requests to leverage the Easement Appraisal Revolving Fund.

City of Livermore (City) – will serve as the Altamont Landfill Open Space Committee’s (ALOSC) administrative agent. The City will transfer funding awarded from the Altamont Open Space Fund to the Alameda County Resource Conservation District for: (1) consultant services, on an invoice payment basis; and (2) the one-time transmittal of funds to ACRCD for the Revolving Fund.

1. Easement Education Workshops & Webinar
The Altamont Landfill Settlement Agreement provides for acquisition in fee or permanent easement of property having significant value for preservation of native biological diversity and/or wildlife habitat, or of property having significant value for visual character and/or non-motorized recreation. Despite being

ALAMEDA COUNTY RESOURCE CONSERVATION DISTRICT
NATUR

AL RESOURCES CONSERVATION SERVICE
Making Conservation Happen in Alameda County
3585 GREENVILLE RD. STE 2 T : 925-371-0154
LIVERMORE, CA 94550 F: 925-960-1550
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in
existence since 2001, the Altamont Landfill Open Space Committee (ALOSC) has funded only one grant, in 2023, for a permanent conservation easement. This compares with 18 grants made for acquisition in fee title. Recent grants for acquisition in fee approved in March 2024 ranged from $16,800 to $31,875 per acre, whereas the grant approved in September 2023 for the Dirrane (formerly known as “DC”) Ranch for a permanent conservation easement was at a cost of $3,083 per acre. The Open Space Fund’s contribution included an endowment for monitoring and enforcement of the easement and other due diligence costs. Permanent conservation easements are cost effective solutions to preserving native biological diversity and open space. They can significantly extend the life of the Open Space Fund and protect more open space land in the process.

ACRCD and CRT will host workshops to increase rancher and landowner awareness and understanding of permanent conservation easements, as well as the availability of funding through the ALOSC for such easements to preserve working lands.

TASKS
• Workshops: T
wo workshops will be organized, advertised, and presented by ACRCD and CRT in Fall of 2024 and/or early 2025 depending on scheduling. The west side workshop is tentatively planned to be held at the Koopmann Ranch in Sunol, south of Pleasanton. The California Rangeland Trust holds multiple conservation easements on the Koopmann Ranch, and Tim Koopmann has been invited to speak at the workshop about his experiences. The east side workshop will be held at the Martinelli Center on Greenville Road in Livermore.

Each workshop will run about two hours, and approximately 20 participants are expected at each. An introduction will describe the Altamont Open Space Fund, the role of the ALOSC, the ACRCD’s role in conservation, and the availability of funding for permanent conservation easements. The main part of the presentation by CRT will describe conservation easements in detail – how they work, what activities are typically allowed under an easement, and their value to current landowners and their heirs. The final part of the program will be a questions-and- answers period. Refreshments will be served.

• Webinar: T
he live webinar will build upon the in-person workshops. It will provide an opportunity to address topics and questions from the workshops; as such, the agenda and form of the webinar will be finalized after conducting the workshops. Guest experts, such as a tax attorney, may be invited to speak to specific inquiries and concerns from participants. The webinar will be recorded and made available for future viewing.

• Project Management: ACRCD staff will administer funding, manage subcontracting and purchasing, and prepare invoices. Further, ACRCD and CRT will report to the ALOSC on accomplishments from the workshops and webinar (e.g., marketing strategy, actual attendees, etc.).

DELIVERABLES
 Tw
o in-person workshops, one in Sunol and one in Livermore  Approximately 40 participants (ranchers, landowners) in attendance at workshops Docusign Envelope ID: E2314E58-5E48-482F-8EDE-49BC0EAFC5E4 ATTACHMENT 2
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 O
ne live webinar providing information to address questions and critical topics identified during in-person workshops
 Recording of webinar posted online for future viewing  ACRCD and/or CRT attendance at one or more ALOSC meetings to report back on accomplishments

2. Easement Appraisal Revolving Fund
One of the largest obstacles to pursuing conservation easements is determining the value of the property, which requires an independent appraisal by a professional certified for determining the per-acre value of the easement. Because the appraiser represents the property owner, the property owner is expected to pay for the appraisal. Such an appraisal can cost upwards of $10,000. This upfront cost can serve as a significant barrier for someone looking to pursue an easement, and it also can significantly reduce the net profit for the landowner when selling an easement, making the transaction financially impracticable.

ACRCD will establish a revolving fund of $30,000 for appraisals to mitigate the up-front finance barrier. The initial size of the fund would allow for three (estimated at $10,000 each) appraisals and subsequent easement projects to occur simultaneously in the ALOSC funding area. The DC Ranch grant that was approved in 2023 included $8,000 for its appraisal. An appraisal paid from the revolving fund would only be authorized after a land trust such as CRT had thorough conversations with the landowners, determined they were serious, and had made its own professional assessment of the land, its conservation values, and the likelihood that a successful transaction would occur.

Grant funding for a subsequent easement would include the up-front cost of the appraisal, which would then be repaid to the revolving fund for future appraisals.

Upon transfer of $30,000 from the Altamont Open Space Fund to the City of Livermore, the City will transmit the funds to ACRCD. ACRCD will at that time become fully responsible for the fiscal management of the funding for the purpose of operating the Revolving Fund. Note that (1) the $30,000 for the Revolving Fund is a portion of the overall $56,000 award from the Altamont Open Space Fund, and (2) the City will retain the remaining $26,000 for ACRCD to invoice against for staff time, subcontractor effort, and direct costs.

TASKS
• Revolving Fund: A
CRCD will establish and manage as a separate line of funding, a $30,000 revolving fund for the purpose of paying for approved appraisal costs. ACRCD will pay for land appraisal fees within the ALOSC service area and for landowners who have been determined to be serious in their pursuit of a permanent conservation easement from the revolving fund. • Qualified Requests: CR
T or an alternative collaborating land trust will work with landowners to determine whether they qualify to request appraisal financial support from the revolving fund.

Land trusts will guard against speculative appraisals being commissioned by landowners. • Revolve: AC RCD and CRT will ensure that grant funding requested by or on behalf of landowners for subsequent conservation easements includes an amount equal to that property’s independent professional appraisal fee to reimburse the revolving fund.

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D

ELIVERABLES
 Availability of $30,000 easement appraisal revolving fund estimated to pay up to three separate appraisals before requiring replenishment from prospective funding awards  Subsequent requests to the ALOSC for funding to support permanent conservation easements (amount TBD)

Timeline
Easement Education Workshops and Webinar efforts are anticipated to be completed no later than April 2025. The Easement Appraisal Revolving Fund will be established in 2024 and is designed to make funding available for an indeterminate length of time to maximize its benefits.

Cost estimate
Easement Education Workshops and Webinar Breakdown Totals 84 staff administration hours at $103.57 per hour† $ 8,700.00 California Rangeland Trust $11,000.00
Printing & Postage $ 1,000.00
Speaker Fees $ 500.00
Venue Fees, rentals (e.g., chairs) $ 1,000.00
Lunch/refreshments $ 2,000.00
Webinar Fees $ 500.00
$24,700.00 $24,700

Easement Appraisal Revolving Fund
10 staff administration hours at $130.00 per hour† $ 1,300.00 Revolving Fund (administered by ACRCD) $30,000.00
$31,300.00 $31,300

$56,000

†Average weighted rate based on planned mix of staff hours

Billing Rates
Personnel Category Name Hourly Rate
(Year 1)
ACRCD

Interim CEO Marilyn Harvey $137.50
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Resource Conservationist 4 Ian Howell $123.61
Resource Conservationist 1 Allison Rodacker $80.18
Project Assistant Margaret Moody $70.54
Restoration Intern 1/2 TBD $51.82

Billing rates documented herein are effective 7/1/2024 to 6/30/2025. A revised billing rate table will be provided annually, as needed.

Contacts
PROJECT REPRESENTATIVE: FINANCIAL REPRESENTATIVE &
SIGNATORY:

Ian Howell Marilyn Harvey
Senior Project Manager Interim Chief Executive Officer
(925) 453-3858 (925) 453-3863
[email protected] [email protected]
3585 Greenville Road, Suite 2
Livermore, CA 94550

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EXHIBIT B

INSURANCE REQUIREMENTS

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

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

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

3. Workers’ Compensation and Employer's Liability:

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

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

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

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

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

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

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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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RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ACCEPTING THE ALTAMONT LANDFILL OPEN SPACE COMMITTEE’S RECOMMENDATION TO EXPEND FUNDS FOR THE ALAMEDA

COUNTY RESOURCES CONSERVATION DISTRICT AND CALIFORNIA RANGELAND TRUST GRANT REQUEST IN THE AMOUNT OF $56,000

TO CONDUCT AN OUTREACH PROGRAM TO EDUCATE ALAMEDA COUNTY RANCHERS ABOUT PERMANENT CONSERVATION EASEMENTS. THE GRANT

ALSO INCLUDES MONIES FOR A REVOLVING FUND TO COVER UPFRONT

APPRAISAL COSTS
The City of Livermore’s General Plan includes goals for long-term preservation of open space, including low-intensity agriculture, habitat protection, watershed management, and recreational uses.

In 1996, Alameda County certified an Environmental Impact Report and approved a conditional use permit for expansion of the Altamont Landfill by Waste Management of Alameda County, Inc., resulting in litigation.

In 1999, the lawsuit parties (Alameda County, the cities of Livermore and Pleasanton, the Sierra Club, Northern California Recycling Association, Altamont Landowners Against Rural Mismanagement, and Waste Management of Alameda County, Inc.) entered into a settlement agreement relating to the proposed expansion of the Altamont Landfill (“Settlement Agreement”).

The Settlement Agreement provides for collection of a fee allocated to an Open Space Account for expenditure on open space acquisitions in fee or permanent easement.

The Settlement Agreement required Alameda County to convene an advisory committee comprised of four members as follows: one member appointed by Alameda County, one member appointed by the City of Livermore, one member appointed by the City of Pleasanton, and one member appointed by the Sierra Club (“Open Space Committee”).

The Settlement Agreement establishes criteria that limit the use of the funds in the Open Space Account to open space acquisition including properties having significant value for preservation of native biological diversity and/or wildlife, and properties having significant value for visual character, and/or non-motorized recreation. The Open Space Committee has developed and utilized additional criteria for the use of the funds, including strategic value in land protection, additional funding sources, and willing sellers.

The Settlement Agreement assigns the Open Space Committee the responsibility to make recommendations on priority lists and allocations for the expenditure of the Open Space Account funds, and then requires the County and the respective city (depending upon the acquisition area) to determine whether the Open Space Committee’s recommendation is consistent with the Settlement Agreement and the Open Space Committee’s priorities.

The City of Livermore, Alameda County, and the Sierra Club represent the voting members of the Open Space Committee for acquisitions in the eastern acquisition priority area that receives 80% of the Open Space Account funds. The City of Pleasanton, Alameda County, 328
RESOLUTION NO. ________
and the Sierra Club represent the voting members of the Open Space Committee for acquisitions in the western acquisition priority area that receives 20% of the Open Space Account funds.

On May 17, 2024, the Open Space Committee considered the Alameda County Conservation District (District) and California Rangeland Trust’s request for a grant in the amount of $56,000.

The District’s role is to serve as the fiscal and project lead entity. The District is responsible for contract coordination with the City of Livermore and will directly manage the Easement Appraisal Revolving Fund. The District will support workshop planning and execution to help fund an outreach program to generate future grant proposals for the Altamont Open Space Fund by educating ranchers and other rural landowners about the value of placing perpetual conservation easements on their properties. The grant request also includes a request for a revolving fund to help landowners cover up-front appraisal costs associated with assessing the value of a conservation easement.

The California Rangeland Trust will serve as the subject experts in the easement education workshops and webinar. They will operate as a sub-awardee/subcontractor on the project under the District. California Rangeland Trust will evaluate prospective conservation easement deals and the viability of requests to leverage the Easement Appraisal Revolving Fund.

On October 1, 2024, a Professional Services Agreement (Agreement) was executed by the District. The City’s role is to administer the Agreement and to serve as the Open Space Committee’s administrative agent. The City will transfer funding awarded from the Open Space Account to the Alameda County Resource Conservation District for: (1) consultant services, on an invoice payment basis; and (2) the one-time transmittal of funds to the District for the revolving fund.

The Open Space Committee recommended expending $56,000 from the Open Space Account for a grant to the Alameda County Resource Conservation District and the California Rangeland Trust for funding of the outreach program and recommended the Livermore City Council and the Alameda County Board of Supervisors determine that the expenditure is consistent with the Settlement Agreement and the Open Space Committee’s priorities.

If approved, the expenditure would be awarded though a grant agreement to the Alameda County Resources Conservation District for the outreach and revolving fund.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that based upon its own independent review of the entire record, it hereby determines that the Open Space Committee’s recommended expenditure of Open Space Account funds, and their expenditure for the funding of the outreach program and revolving fund for appraisal costs, is not a project under the California Environmental Quality Control Act (CEQA) and CEQA Guidelines section 15738, because an approval of the expenditure of funds would not approve a physical development project, would not physically change the environment, and would help preserve natural habitat. Therefore, no environmental review 329
RESOLUTION NO. ________
is required.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore, that based upon its own independent review of the entire record, it hereby finds the Open Space Committee’s recommendation for the expenditure of $56,000 from the Open Space Account to fund the grant request by the Alameda County Resources Conservation District and California Rangeland Trust to conduct outreach and establish a revolving fund for appraisal costs, is consistent with the Livermore General Plan and the priorities set by the Settlement Agreement and the Open Space Committee.

BE IT FURTHER RESOLVEDby the City Council that it hereby accepts the Altamont Landfill Open Space Committee’s proposed expenditure of $56,000 from the Altamont Landfill Settlement Agreement Open Space Account and directs staff to place future Altamont Landfill Open Space Committee funding concurrences on the consent calendar consistent with the Alameda County Board of Supervisors’ practice.

On motion of Council Member ____________________, seconded by Council Member ____________________, the foregoing resolution was passed and adopted on October 28, 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
330

CITY COUNCIL STAFF REPORT
ITEM NO. 7.2

DATE:

October 28, 2024
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution approving an amendment to the City Manager's employment contract.

RECOMMENDED ACTION

The Evaluation Subcommittee recommends the City Council adopt a resolution approving an amendment to the City Manager's employment contract.

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

DISCUSSION
The current City Manager employment contract effective November 20, 2023, indicates the City Council shall review the performance of the City Manager annually and may make modifications to terms and conditions of employment, as deemed appropriate based on performance of duties. As such, the City Council met in Closed Session with the City Manager on October 14, 2024, to discuss her performance evaluation. Prior to that discussion, the City Manager, via memo to the City Council, requested modifications to terms and conditions relevant to her employment contract. At the Closed Session, the City Council discussed the City Manager's request and directed that the draft amendment to the City Manager's employment contract be placed upon this agenda for City Council consideration.

Council approval would amend the current contract dated October 31, 2023, to add the following material changes: provide a compensation adjustment of 5%. In addition, the City Manager's contract provides an annual cost of living adjustment (COLA) provided to the Livermore Managers Group (LMG) which is

2.5% in 2024 bringing the City Manager's annual base salary to $370,656. In addition, the contract provides for an increased contribution of $210 per pay period ($5,460 annually) to the City Manager’s deferred compensation. The contract amendment will be effective November 18, 2024.

FISCAL AND ADMINISTRATIVE IMPACTS
331

The additional annual net salary and benefits cost $31,320, which will be paid from the General Fund. No additional appropriation is required at this time.

COMMUNITY PILLAR

5: A City that Works

GOAL

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

ATTACHMENTS

1. Resolution

2. Exhibit A - City Manager Amendment to Employment Contract

Prepared by: Tina Olson
Administrative Services Director

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION APPROVING THE 2024 AMENDMENT TO THE CITY MANAGER’S

EMPLOYMENT CONTRACT
On October 31, 2023, the City Council entered an employment contract with City Manager, Marianna Marysheva. Pursuant to the employment contract, the City Council conducted the City Manager’s annual performance evaluation on October 14, 2024, and evaluated modifications to terms and conditions of employment presented by the City Manager after the performance evaluation.

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

1. Approves modifications to the terms and conditions of the employment contract for the City Manager, effective November 18, 2024, as described more fully in the 2024 Amendment to the City Manager ’sEmployment Contract, attached hereto as Exhibit A; and

2. Authorizes the Mayor, on behalf of the City of Livermore , to execute the 2024 Amendment to the City Manager ’sEmployment Contract.

On motion of Council Member _______________________, seconded by Council Member _________________________, the foregoing resolution was passed and adopted on October 28, 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
City Clerk Assistant City Attorney
Exhibit A – Amendment to the City Manager’s Employment Contract 333
2024 AM

ENDMENT

TO CITY MANAGER EMPLOYMENT CONTRACT
T
HIS 2024 AMENDMENT is made and entered into this ____ day of ________, 2024, by and between the City of Livermore (“City”), a California municipal corporation, and Marianna Marysheva ("Employee").

RECITALS
The City Council has completed its performance review for the City Manager.

The City and Employee desire to amend the City Manager Employment Contract between them dated October 31, 2023 (“Agreement”). Section IX.(D) of the Agreement requires any modifications to be in writing and signed by the parties.

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

1. The following sections of the Agreement are hereby amended to read as follows:
a. In Subsection (A) Salary in Section III Compensation the annual salary is changed from “$344,796” to “$370,656” which includes a 2.5% cost of living adjustment (COLA) provided for in the Agreement and a 5% merit increase.
b. In Subsection (B) Benefits in Section III Compensation the City contribution into the City deferred compensation program is changed from “$366 per pay period” to “$576 per pay period.”

2. The changes made by this 2024 Amendment shall take effect and apply starting with the pay period commencing November 18, 2024, and until that date the terms and conditions in the Agreement shall continue to control.

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

4. The Amendments are prospective and only apply to services rendered by Employee after the execution of this Amendment. Unless otherwise stated herein, this Amendment does not and shall not relieve the parties of the terms and conditions of the Agreement as written and in effect at the time services were rendered prior to this Amendment.
************************************************************************************************** Docusign Envelope ID: B72D47D6-0EF9-4E06-9168-388826CC1C33

EXHIBIT A
334
I
n concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have caused this Agreement to be executed on the date first written above.

Dated
:
_________
__________________
Dated
:
_________
__________________
EMPLOYEE:
___________________________
Marianna Marysheva
City Manager
CITY OF LIVERMORE:
___________________________
John Marchand
Mayor
ATTEST:
___________________________
Deborah L. Elam
City Clerk
A
PPROVED AS TO FORM:
___________________________
Tara Mazzanti
Assistant City Attorney
Docusign Envelope ID: B72D47D6-0EF9-4E06-9168-388826CC1C33 10/17/2024 | 6:54 AM PDT

EXHIBIT A
335

CITY COUNCIL STAFF REPORT
ITEM NO. 7.3

DATE:

October 28, 2024
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution approving an amendment to the City Attorney's employment contract.

RECOMMENDED ACTION

The Evaluation Subcommittee recommends the City Council adopt a resolution approving an amendment to the City Attorney's employment contract.

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

DISCUSSION
The previous City Attorney's employment contract effective November 20, 2023, indicates the City Council shall review the performance of the City Attorney annually and may make modifications to terms and conditions of employment as deemed appropriate based on performance of duties. As such, the City Council met in Closed Session with the City Attorney on October 14, 2024, to discuss his performance evaluation. Prior to that discussion, the City Attorney, via memo to the City Council, requested modifications to terms and conditions relevant to his employment contract. At the Closed Session, the City Council discussed the City Attorney's request and directed that the draft amendment to the City Attorney's employment contract be placed upon this agenda for City Council consideration. Council approval would amend the current contract dated October 31, 2023, to reflect the following material changes; (1) provide a compensation adjustment of 2.5% bringing the City Attorney's annual base salary to $315,270 and, (2) increase the City’s contribution by $77 bi-weekly from $515 to $592 into a City deferred compensation program. The financial terms of the new contract will be effective November 18, 2024.

FISCAL AND ADMINISTRATIVE IMPACTS

The additional net annual salary and benefits of approximately $9,702 will be paid from the General 336
Fund. No additional appropriation is required at this time.

COMMUNITY PILLAR

5: A City that Works

GOAL

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

ATTACHMENTS

1. Resolution

2. Exhibit A - City Attorney Amendment to Employment Contract

Prepared by: Tina Olson
Administrative Services Director

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION APPROVING THE AMENDMENT TO THE CITY ATTORNEY’S

EMPLOYMENT CONTRACT
On October 20, 2023, the City Council entered an employment contract with City Attorney, Jason Alcala. Pursuant to the employment contract, the City Council conducted the City Attorney’s annual performance evaluation on October 14, 2024, and evaluated modifications to terms and conditions of employment presented by the City Attorney after the performance evaluation.

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

1. Approves modifications to the terms and conditions of the employment contract for the City Attorney, effective November 18, 2024, as described more fully in the 2024 Amendment to the City Attorney ’sEmployment Contract, attached hereto as Exhibit A; and

2. Authorizes the Mayor, on behalf of the City o f Livermore , to execute the 2024 Amendment to the City Attorney’sEmployment Contract.

On motion of Council Member___________________, seconded by Council Member ____________________the foregoing resolution was passed and adopted on October 28, 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,
City Clerk Assistant City Attorney
Exhibit A – Amendment to City Attorney’s Employment Contract 338
2024 Amendment to Employment Contract Pg 1
2024 AMENDMENT

TO CITY ATTORNEY EMPLOYMENT CONTRACT
THIS 2024 AMENDMENT is made and entered into this ____ day of ________, 2024, by and between the City of Livermore (“City”), a California municipal corporation, and Jason R. Alcala ("Employee").

RECITALS
The City Council has completed its performance review for the City Attorney.

The City and Employee desire to amend the City Attorney Employment Contract between them dated October 31, 2023 (“Agreement”). Section IX (D) of the Agreement requires any modifications to be in writing and signed by the parties.

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

1. The following sections of the Agreement are hereby amended to read as follows:
a. In Subsection (A) Salary in Section III Compensation the annual salary is changed from “$307,580” to $315,269.”
b. “City contribution of $469.00 per pay period (bi-weekly) into a City deferred compensation program to the extent that such contribution is matched by Employee’s contribution. This contribution is in addition to the City’s contribution of $123.00 per pay period (bi-weekly) into a City deferred compensation program provided to City Department Heads to the extent that the Employee contributes $75.00 per pay period (bi-weekly).

The total City deferred compensation contribution would equal $592.00 per pay period (bi-weekly) and the total Employee deferred compensation contribution would equal to $544 per pay period (bi-weekly).”

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

4. The Amendments are prospective and only apply to services rendered by Employee after the execution of this Amendment. Unless otherwise stated herein, this Amendment does not and shall not relieve the parties of the terms and conditions of the Agreement as written and in effect at the time services Docusign Envelope ID: 4FE34090-22A7-44F8-B88F-3BF6B1F70B1A

EXHIBIT A
339

2024 Amendment to Employment Contract Pg 2

were rendered prior to this Amendment.
**************************************************************************************************

SIGNATURES ON THE NEXT PAGE
Docusign Envelope ID: 4FE34090-22A7-44F8-B88F-3BF6B1F70B1A

EXHIBIT A
340

2024 Amendment to Employment Contract Pg 3

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

EMPLOYEE: Dated:

___________________________ ___________________________ Jason R. Alcala
City Attorney

CITY OF LIVERMORE: Dated:

___________________________ ___________________________ John Marchand
Mayor

ATTEST:

___________________________
Deborah L. Elam
City Clerk

APPROVED AS TO FORM:

___________________________
Tara Mazzanti
Assistant City Attorney

Docusign Envelope ID: 4FE34090-22A7-44F8-B88F-3BF6B1F70B1A 10/17/2024 | 4:11 PM PDT

EXHIBIT A
341

CITY COUNCIL STAFF REPORT
ITEM NO. 10.1

3.1 Confirm Advisory Body appointments to the Airport Commission, Beautification Committee, and the Commission for the Arts, and direct the City Clerk to administer the oath of office.

Material: PowerPoint Presentation

3.2 Livermore Human Services Commission Annual Update presented by Tracy Nakamura, Chair, Livermore Human Services Commission.

Material: PowerPoint Presentation

3.3 Presentation of the 2024 Helen Putnam Award for Excellence in Intergovernmental Collaboration, presented by the League of California Cities East Bay Division Representative Sam Caygill.

Material: PowerPoint Presentation

3.4 Presentation of the 2024 Beacon Spotlight Award for Sustainability Best Practices, presented by the League of California Cities East Bay Division Representative Sam Caygill.

Material: PowerPoint Presentation

6.1 Hearing to consider the Housing and Human Services needs and Housing and Human Services Grant Priorities for Fiscal Years 2025-27.

Material: PowerPoint Presentation

DATE:

October 28, 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.

342

7.1 Resolution accepting the Altamont Landfill Open Space Committee's recommendation to expend funds from the Open Space Account for a grant in the amount of $56,000 to allow the Alameda County Resources Conservation District and the California Rangeland Trust to conduct an outreach program to educate Alameda County ranchers about permanent conservation easements. The grant also includes monies to establish a revolving fund to help landowners cover up-front appraisal costs.

Material: PowerPoint Presentation, Supplemental Memo and Revised Resolution

7.2 Resolution approving an amendment to the City Manager's employment contract.

Material: PowerPoint Presentation

7.3 Resolution approving an amendment to the City Attorney's employment contract.

Material: PowerPoint Presentation

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

Material: Council Reports

DISCUSSION

ATTACHMENTS

1. Supplemental Materials

Prepared by: Helena Graves
Deputy City Clerk

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
343
Item 3.1
PowerPoint Presentation
344
Item 3.2
PowerPoint Presentation
345
Item 3.2
PowerPoint Presentation
346
Item 3.2
PowerPoint Presentation
347
Item 3.3
PowerPoint Presentation
348
Item 3.4
PowerPoint Presentation
349
Item 6.1
PowerPoint Presentation
350
Item 6.1
PowerPoint Presentation
351
Item 6.1
PowerPoint Presentation
352
Item 6.1
PowerPoint Presentation
353
1 Funding Concurrence for Expenditure from the
Altamont Landfill Open Space Account
Livermore City Council
October 28, 2024
Jennifer Ackerman, Associate Planner
The Grant Request
The requested funds from the Altamont Landfill Open
Space Account will be used for:

Easement Education Workshops and Webinar
• Two Conservation Easement Education Workshops and
Webinar in Sunol and Livermore. Ranchers and
landowners would attend the workshops.

Easement Appraisal Revolving Fund
• Availability of $30,000 easement appraisal revolving fund estimated to pay up to three separate appraisals before requiring replenishment from prospective funding
awards.
1 2
Item 7.1
PowerPoint Presentation
354
2 Roles and Responsibilities
• The Alameda County Resources Conservation
District (ACRCD) will serve as the fiscal and project
lead.
• The California Rangeland Trust (CRT) will serve as the subject experts in the easement education workshops
and webinar.
• The City of Livermore will serve as the Altamont
Landfill Open Space Committee’s (ALOSC)
administrative agent.

Recommendation
Staff recommends the City Council adopt a resolution to:

1. Find the ALOSC recommendation for the expenditure of $56,000 to fund the grant request by the Alameda
County Resources Conservation District and California
Rangeland Trust for outreach and revolving fund is
consistent with the Livermore General Plan

2. Determine that the expenditure of Open Space Account funds for the funding of the outreach program and
revolving fund for appraisal costs is not a project under the California Environmental Quality Act (CEQA).
3 4
Item 7.1
PowerPoint Presentation
355

INTEROFFICE MEMORANDUM
Date: October 28, 2024
To: Honorable Mayor Marchand and City Council
From: Brent Smith, Community Development Director
Jennifer Ackerman, Associate Planner, Planning Division Subject: Item 7.1 – Resolution accepting the Altamont Landfill Open Space Committee's recommendation to expend funds from the Open Space Account Please note that the Resolution for item 7.1 on the October 28, 2024 City Council Agenda has been revised to correct the language on page 2 of 3 that states “California Environmental Quality Control Act” to “California Environmental Quality Act”.

CC:

Stephen Riley, Planning Manager
Item 7.1
Supplemental Memo and Revised Resolution 356
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ACCEPTING THE ALTAMONT LANDFILL OPEN SPACE COMMITTEE’S RECOMMENDATION TO EXPEND FUNDS FOR THE ALAMEDA

COUNTY RESOURCES CONSERVATION DISTRICT AND CALIFORNIA RANGELAND TRUST GRANT REQUEST IN THE AMOUNT OF $56,000

TO CONDUCT AN OUTREACH PROGRAM TO EDUCATE ALAMEDA COUNTY RANCHERS ABOUT PERMANENT CONSERVATION EASEMENTS. THE GRANT

ALSO INCLUDES MONIES FOR A REVOLVING FUND TO COVER UPFRONT

The Settlement Agreement provides for collection of a fee allocated to an Open Space Account for expenditure on open space acquisitions in fee or permanent easement.

The City of Livermore, Alameda County, and the Sierra Club represent the voting members of the Open Space Committee for acquisitions in the eastern acquisition priority area that receives 80% of the Open Space Account funds. The City of Pleasanton, Alameda County, Item 7.1
Supplemental Memo and Revised Resolution
357
RES
OLUTION NO. ________
and the Sierra Club represent the voting members of the Open Space Committee for acquisitions in the western acquisition priority area that receives 20% of the Open Space Account funds.

On May 17, 2024, the Open Space Committee considered the Alameda County Conservation District (District) and California Rangeland Trust’s request for a grant in the amount of $56,000.

If approved, the expenditure would be awarded though a grant agreement to the Alameda County Resources Conservation District for the outreach and revolving fund.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that based upon its own independent review of the entire record, it hereby determines that the Open Space Committee’s recommended expenditure of Open Space Account funds, and their expenditure for the funding of the outreach program and revolving fund for appraisal costs, is not a project under the California Environmental Quality Act (CEQA) and CEQA Guidelines section 15738, because an approval of the expenditure of funds would not approve a physical development project, would not physically change the environment, and would help preserve natural habitat. Therefore, no environmental review is required.

Item 7.1
Supplemental Memo and Revised Resolution
358
RESO
LUTION NO. ________
BE IT FURTHER RESOLVED by the City Council of the City of Livermore, that based upon its own independent review of the entire record, it hereby finds the Open Space Committee’s recommendation for the expenditure of $56,000 from the Open Space Account to fund the grant request by the Alameda County Resources Conservation District and California Rangeland Trust to conduct outreach and establish a revolving fund for appraisal costs, is consistent with the Livermore General Plan and the priorities set by the Settlement Agreement and the Open Space Committee.

BE IT FURTHER RESOLVED by the City Council that it hereby accepts the Altamont Landfill Open Space Committee’s proposed expenditure of $56,000 from the Altamont Landfill Settlement Agreement Open Space Account and directs staff to place future Altamont Landfill Open Space Committee funding concurrences on the consent calendar consistent with the Alameda County Board of Supervisors’ practice.

On motion of Council Member ____________________, seconded by Council Member ____________________, the foregoing resolution was passed and adopted on October 28, 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
Item 7.1
Supplemental Memo and Revised Resolution
359
1 City Manager and City Attorney Contract
Amendments
October 28, 2024
Presented by Tina Olson, Administrative Services Director City Manager’s Contract Amendment
• City Council conducted a performance
evaluation on October 14th
• The Evaluation Subcommittee recommends
the following adjustments:
 2.5% COLA
 Included in City Manager’s Contract and
consistent with LMG and Department heads
 5% Merit Increase & $210 per pay
period increased deferred compensation
contribution
 Offsets disadvantage associated with
reduced pension benefit as a PEPRA
employee
1 2
Items 7.2 and 7.3
PowerPoint Presentation
360
2 City Attorney’s Contract Amendment
• City Council conducted a performance
evaluation on October 14th
• The Evaluation Subcommittee recommends
the following adjustments:
 2.5% COLA
 consistent with LMG and Department heads
 $77 per pay period increased deferred
compensation contribution
 maintains total compensation within 5% of
comparable cities
City Manager and Attorney’s Contract Amendment
Effective Date:
• Salary and deferred compensation increases -
November 18, 2024
3 4
Items 7.2 and 7.3
PowerPoint Presentation
361
3 Recommendation
Staff recommends City Council:

1. Adopt resolutions approving amendments to
the City Manager and City Attorney’s
contracts

2. For item 5.13 - adopt a resolution amending
the City’s Salary Plan to reflect salary
increases for the City Manager, City Attorney
and the executive team (excluding the Police
Chief) and retitling the Systems
Administrator classification to Network
Engineer
Questions?
5 6
Items 7.2 and 7.3
PowerPoint Presentation
362
Council Member
Date of
Meeting or
Event Committee or Organization
Meeting or Event Type (ex.

Board Meeting or ribbon cutting) Summary of Meeting or Event Mayor Marchand 10/19/2024 City of Livermore Litter clean-up Participated in a litter clean-up with
students from Livermore High School
and other residents.

Mayor Marchand 10/19/2024 Livermore Pride Festival Attended the Pride Festival Mayor Marchand 10/19/2024 Association of Indo Americans Festival celebrating Dussehra and
Diwali Participated and spoke at the event.

Mayor Marchand 10/21/2024 Tri-Valley Transportation Council Council meeting
Received updates, approved
calendar and allocated $5.1 M to the
I580/Vasco interchange for future
improvements.

Mayor Marchand 10/22/2024 Sandia National Laboratory 75th Anniversary Celebration Celebration and opening of time
capsule.

Mayor Marchand 10/22/2024
Livermore-Amador Transit Authority
(LAVTA) Finance and Administration
Committee Committee meeting
Received updates and approved the
Financial reports.

Mayor Marchand 10/23/2024 Chamber of Commerce Business meeting Provided City update in the Mayor's
Report, approved financials and
received updates.

Mayor Marchand 10/23/2024 Valley Link
Joint Powers Authority (JPA)
meeting
Approved Final Subsequent EIR and
final project approval.

Mayor Marchand 10/23/2024 City of Livermore Annual Trunk or Treat Thousands of children in costume
descended on City Hall and the
Police station and had a wonderful
time.

Mayor Marchand 10/24/2024
Alameda County Transportation
Commission (ACTC) Commission Meeting
Approved the Countywide
Transportation Plan Policy Blueprint
and approved the employment
agreement with the interim
executive director.

Item 8.0
Council Reports
363
Council Member
Date of
Meeting or
Event Committee or Organization
Meeting or Event Type (ex.

Board Meeting or ribbon cutting) Summary of Meeting or Event Mayor Marchand 10/26/2024 Shepherd's Gate 40th Anniversary recognition Presented a proclamation and
recognized that Shepherd's Gate has
assisted over 15,000 women and
children, many of whom were
victims of domestic violence and
homeless.

Item 8.0
Council Reports
364
Council Member
Date of
Meeting or
Event Committee or Organization
Meeting or Event Type (ex. Board Meeting or
ribbon cutting)
Vice Mayor Carling 10/16/2024 League of California Cities 2024 Annual Conference and Expo in Long
Beach
Vice Mayor Carling 10/22/2024 Sandia National Laboratory 75th Anniversary Celebration Vice Mayor Carling 10/23/2024 StopWaste Board meeting
Vice Mayor Carling 10/24/2024 Tri-Valley Nonprofit Alliance Anti poverty collaborative Vice Mayor Carling 10/24/2024 City of Livermore Key to the City Graduation Item 8.0
Council Reports
365
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 10/26/2024 City of Livermore Shepherds Gate 40 year gala Several hundred attended.

Testimonies given by several of
the ladies who benefited from
services and shelter offered by SG
Council Member Barrientos 10/27/2024 City of Livermore
Attended The Heritage Guild’s
open house at the Hagemann
Ranch
600+ attended the open house.

Tours were given. A marionette
show offered along with vendors
selling hand ma
Item 8.0
Council Reports
366

Livermore City CouncilOctober 28, 2024

Livermore City Council
October 28, 2024