Agenda packet — Livermore City Council, December 9, 2024 (part 1 of 2)

CITY COUNCIL
AGENDA

MONDAY, DECEMBER
9, 2024
REGULAR MEETING –
7:00 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
December
9, 2024

1 1.

CLOSED SESSION - NONE.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Confirm Advisory Body appointments to the Human Services Commission and the Livermore Housing Authority, and direct the City Clerk to administer the oath of office.

Recommendation:

The City Council Subcommittee on Advisory Bodies recommends the City Council confirm the advisory body appointments to the Human Services Commission and the Livermore Housing Authority, and direct the City Clerk to administer the oath of office.

Staff Report

3.2 Presentation of Proclamations to Outgoing Council Members

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

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
December
9, 2024

2 email and e-comment submissions prior to the meeting as well as live comments during the meeting).

5.1 Approval of draft minutes - November 25, 2024 Regular Meeting

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

1. DRAFT 2024-11-25

5.2 Adoption of an omnibus ordinance making administrative, technical, and other non-substantive changes to various sections of the Livermore Municipal Code and the Livermore Development Code

Recommendation:

Staff recommends the City Council
adopt an omnibus ordinance
amending various sections
of the Livermore Municipal Code and Livermore Development Code to make administrative, technical, and other non-substantive amendments.

Staff Report

Attachments:

1. Omnibus Ordinance

5.3 Resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the City Hall HVAC & Central Plant Chiller Replacement Project 2018-30.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and authorizing the City Manager to sign the Notice of Completion for the City Hall HVAC & Central Plant Chiller Replacement Project 2018-30.

Staff Report

Attachments:

1. Location Map

2. Resolution

3. Exhibit A - Notice of Completion

5.4 Resolution authorizing acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the 2023 Storm Damage Repair Project (LOP 5, 13, & 14), City Projects S202300A & S202300P, FEMA 4683.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing acceptance for permanent maintenance, release of security bonds, and authorizing the City Manager to sign the Notice of Completion for the 2023 Storm Damage Repair Project (LOP 5, 13, & 14), City Projects

Livermore City Council Agenda
December
9, 2024

3 S202300A & S202300P, FEMA 4683.

Staff Report

Attachments:

1. Location Map

2. Resolution

3. Exhibit A - Notice of Completion

5.5 Resolution determining Parcel 14 of Tract 8613, Shea Portola Apartments, located at the northeast corner of Portola Avenue and Collier Canyon Road, is annexed to the City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services).

Recommendation:

Staff recommends the City Council adopt a resolution determining Parcel 14 of Tract 8613, Shea Portola Apartments, located at the northeast corner of Portola Avenue and Collier Canyon Road, is annexed to the City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) and directing the City Clerk to record the Notice of Annexation.

Staff Report

Attachments:

1. CFD 2023-1 Tax Zone Map

2. Resolution

3. Exhibit A - Unanimous Approval

5.6 Resolution approving the funding agreement between the Tri-Valley Transportation Council and the City of Livermore for the allocation of Tri-Valley Transportation Development Fund (TVTDF) funds in the amount of $5,139,000 for environmental, permitting, right-of-way, and design activities associated with the
I-580/Vasco Road Interchange Modification
1993-52.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to approve the funding agreement between the Tri-Valley Transportation Council and the City of Livermore for the allocation of Tri-Valley Transportation Development Fund (TVTDF) funds in the amount of $5,139,000 for the
I-580/Vasco Road Interchange Modification
Project 1993-52.

Staff Report

Attachments:

1. Project Location

2. Resolution

3. Exhibit A - Funding Agreement

5.7 Resolution making findings regarding the continuing need for unexpended balances of Development Impact Fees as of June 30, 2024, and accepting the Annual Report of Development Fee and Connection Fee Revenues and Expenditures for Fiscal Year 2023-24.

Recommendation:

Livermore City Council Agenda
December
9, 2024

4 Staff recommends the City Council adopt a resolution making findings regarding the continuing need for unexpended balances of Development Impact Fees as of June 30, 2024 and accepting the Annual Report of Development Fee and Connection Fee Revenues and Expenditures for Fiscal Year 2023-24.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - FY 2023-24 City of Livermore AB1600 report

5.8 Resolution accepting the recommendation of the Altamont Landfill Open Space Committee to authorize the City's grant request, finding the acquisitions of the Quint Property is categorically exempt from CEQA, authorizing the City Manager to enter into Purchase and Sale Agreements for open space land, and appropriate funds for the acquisition of the Quint Property (41 acres - APNs: 99B-5300-2-13, 99B-5450-10-3).

Recommendation:

Staff recommends the City Council adopt separate resolutions to:
1 .

Accept the recommendation of the Altamont Landfill Open Space Committee to authorize the City of Livermore's grant request for the Quint Property in the amount of $500,000 and determine that the Altamont Landfill Open Space Committee’s recommended expenditure of Open Space Account funds is not a project under California Environmental Quality Act (CEQA) Guidelines section 15378. 2 .

Determine the acquisition of the Quint Property is categorically exempt from CEQA in accordance with CEQA Guidelines Section 15313, which exempts acquisitions of lands to preserve the land in its natural condition.
3 .

Authorize the City Manager to enter into Purchase and Sale Agreements and execute all documents necessary to acquire the Quint Property; and 4 .

Appropriate funds from the Dougherty Valley Settlement Agreement Account (LEAP Fund 912) in the amount of $1,130,000 to acquire the Quint Property.

Staff Report

Attachments:

1. Financial Analysis

2. Location Map - Quint Property

3. Concurrence of Funds Resolution - Quint Property

4. Resolution - Quint Property CEQA

5. Resolution - Quint Property Authorizing City Manager

6. Exhibit A - Planning Commission Resolution

7. Exhibit B - Quint Property Purchase and Sale Agreement

8. Resolution - Quint Property Acquisition Funding

5.9 Resolution authorizing the Livermore Pleasanton Fire Department JPA (LPFD) to give notice of withdrawal to the California Joint Powers Risk Management Authority (CJPRMA).

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to issue a notice of withdrawal to the California Joint Powers Risk Management Authority (CJPRMA) on

Livermore City Council Agenda
December
9, 2024

5 behalf of and for the Livermore Pleasanton Fire Department JPA (LPFD) in her capacity as a Joint Executive Director for LPFD, and to explore alternate liability coverage.

Staff Report

Attachments:

1. Resolution

5.10 Resolution authorizing the execution of a settlement agreement with the Livermore Premium Outlets LLC regarding public safety and traffic management.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a settlement agreement with Livermore Premium Outlets LLC regarding public safety and traffic management.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Settlement Agreement with Livermore Premium Outlets LLC

5.11 Resolution accepting annual special tax and bond accountability reports for Fiscal Year 2023- 24 Community Facilities District No. 99-1 (Tri-Valley Technology Park), 2009-1 (El Charro), 2012-1 (El Charro Maintenance), 2015-1 (Brisa Maintenance), 2016-1 (Sage Maintenance), 2016-2 (Shea Properties), 2018-1 (Auburn Grove), and 2021-1 (Maintenance and Public Services).

Recommendation:

Staff recommends the City Council adopt a resolution accepting annual special tax and bond accountability reports for Fiscal Year 2023-24 Community Facilities District No. 99-1 (Tri- Valley Technology Park), 2009-1 (El Charro), 2012-1 (El Charro Maintenance), 2015-1 (Brisa Maintenance), 2016-1 (Sage Maintenance), 2016-2 (Shea Properties), 2018-1 (Auburn Grove), and 2021-1 (Maintenance and Public Services).

Staff Report

Attachments:

1. Resolution

2. Exhibit A - STBAR CFD 99-1 Tri-Valley

3. Exhibit B - STBAR 2009-1 El Charro

4. Exhibit C - STBAR CFD 2012-1 El Charro

5. Exhibit D - STBAR CFD 2015-1 Brisa

6. Exhibit E - STBAR CFD 2016-1 Sage

7. Exhibit F - STBAR CFD 2016-2 Shea Properties

8. Exhibit G - STBAR CFD 2018-1 Auburn Grove

9. Exhibit H - STBAR CFD 2021-1 Maintenance and Public Services

5.12 Resolution amending the City of Livermore Salary Plan to reflect adjustments to the Unclassified and Hourly salary schedule to implement increased minimum wage adjustments in accordance with California Code of Regulations, Title 2, Section 570.5 and establish a new

Livermore City Council Agenda
December
9, 2024

6 classification of Water Resources Technical Programs Manager - PE (Class Code 2231) and assign it to the Livermore Management Group salary schedule.

Recommendation:

Staff recommends approving a resolution amending the City of Livermore Salary Plan to reflect adjustments to the Unclassified and Hourly salary schedule to implement increased minimum wage adjustments in accordance with California Code of Regulations, Title 2, Section 570.5 and establish a new classification of Water Resources Technical Programs Manager - PE (Class Code 2231) and assign it to the Livermore Management Group salary schedule.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Salary Plan effective December 2024

5.13 Resolution accepting the i-GATE Annual Report for Fiscal Year 2023-24.

Recommendation:

Staff recommends the City Council adopt a resolution accepting the i-GATE Annual Report for Fiscal Year 2023-24.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - i-GATE Annual Report FY 2023-2024

5.14 Update on Host Community Impact Fee Reserve Policy relating to the Bankhead Theater.

Recommendation:

Staff recommends City Council receive the update.

Staff Report

Attachments:

1. Host Community Impact Fee Report

2. Estimated Fund Balance

6. PUBLIC HEARINGS - NONE.

7. MATTERS FOR CONSIDERATION

7.1 Resolution accepting the Canvass of Votes for the November 5, 2024 General Municipal

Livermore City Council Agenda
December
9, 2024

7 Election.

Recommendation:

Staff recommends the City Council adopt a resolution accepting the canvass of votes as certified by the Alameda County Registrar of Voters for the November 5, 2024 General Municipal Election.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - November 5, 2024 Election Certification

8. ADJOURNMENT - Adjournment sine die.

9. DELIVERY OF CERTIFICATES OF ELECTION AND

ADMINISTRATION OF OATH
OF OFFICE TO:

JOHN MARCHAND - MAYOR
STEVEN DUNBAR - DISTRICT 3
KRISTIE WANG - DISTRICT 4

10. CALL TO ORDER

11. PROCLAMATIONS AND PRESENTATIONS - NONE.

12. 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.

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

13. MATTERS FOR CONSIDERATION

Comments are limited to one comment per person per item regardless of format or time

ROLL CALL

Council Member Ben Barrientos
Council Member Evan Branning
Council Member Steven Dunbar
Council Member Kristie Wang
Mayor John Marchand

Livermore City Council Agenda
December
9, 2024

8 submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).

13.1 Appointment of Vice Mayor for the period of 2024-2025.

Recommendation:

Staff recommends the City Council appoint a Vice Mayor for the period of 2024-2025.

Staff Report

13.2 Council Members Appointments to Intergovernmental Agencies.

Recommendation:

Staff recommends the Mayor appoint Council Members to Intergovernmental Agencies, with the City Council's approval.

Staff Report

Attachments:

1. Current Intergovernmental Agencies Appointments

13.3 Appointment of Council Members to the City Council Subcommittee on Advisory Bodies for the period of January 1, 2025 - June 30, 2025.

Recommendation:

Staff recommends the Mayor appoint two Council Members to serve on the City Council Subcommittee on Advisory Bodies for the period of January 1, 2025 - June 30, 2025, with the City Council's approval.

Staff Report

14. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS

15. ADJOURNMENT

To a Regular City Council meeting on Monday, January 13, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

16. SUPPLEMENTAL MATERIALS

16.1 Supplemental materials received prior to the meeting.

Staff Report

Attachments:

1. Supplemental Materials

17. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING

WELCOME AND FAREWELL RECEPTION IMMEDIATELY FOLLOWING COUNCIL

MEETING

Livermore City Council Agenda
December
9, 2024

9 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 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.

Livermore City Council Agenda
December
9, 2024

10 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
December
9, 2024

11 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1

DATE:

December
9, 2024
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Confirm Advisory Body appointments to the Human Services Commission and the Livermore Housing Authority, and direct the City Clerk to administer the oath of office.

RECOMMENDED ACTION

SUMMARY
On November 20, 2024, the City Council Subcommittee on Advisory Bodies interviewed applicants for vacancies on the Human Services Commission and the Livermore Housing Authority, and have submitted their recommendation for City Council consideration and appointment.

DISCUSSION
On November 20, 2024, the City Council Subcommittee on Advisory Bodies interviewed applicants for vacancies on the Human Services Commission and the Livermore Housing Authority, and recommends confirmation of the following appointments:

Human Services Commission 2 Vacancies
Appointment to an unexpired term ending November 1, 2026

Jagdish Girimaji

Appointment to an unexpired term ending November 1, 2028

Justin Probert

Livermore Housing Authority 2 Vacancies (1 Tenant, 62 Years Old+) Reappointment to a regular term ending January 1, 2029
12 Karen Hutchinson

Appointment to an unexpired term ending January 1, 2027 (Tenant, 62 Years Old+)

Adam Talarman

Upon the City Council’s confirmation of the appointments by motion, the City Clerk will administer the oath of office to new appointees.

FISCAL AND ADMINISTRATIVE IMPACTS

No material fiscal or administrative impacts result from confirmation of these appointments.

COMMUNITY PILLAR

5: A City That Works

GOAL

2: Engage effectively with the City's advisory bodies

ATTACHMENTS

Prepared by: Debbie Elam
City Clerk

DATE:

December
9, 2024
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Approval of draft minutes - November 25, 2024 Regular Meeting

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. DRAFT 2024-11-25

Prepared by: Debbie Elam
City Clerk

MINUTES
CI

TY COUNCIL
NOVEMBER 25, 2024
________________________________________________________________ C

LOSED SESSION
CAL
L TO ORDER – The Closed Session of the City Council was called to order by Mayor John Marchand at 6:30 pm, held in person at 1016 S. Livermore Avenue.

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

PPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL
REGARDING CLOSED SESSION ITEMS.

Ma
yor Marchand opened the public comment period.

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

C
ity Attorney Jason Alcala stated: Pursuant to G/C section 54956.9(e)(2), I would like to disclose that the anticipated litigation closed session item this evening relates to a claim LIVE -2023-2024-0138-01 by Hiderliter, de Llamas and Associates Inc. received on February 6, 2024, as well as a letter from their attorney dated January 18, 2024, and a mediation that took place on November 8, 2024.

1. ADJ

OURN TO CLOSED SESSION
1 .1 Anticipated Litigation – To meet with the City Attorney pursuant to Government Code section 54956.9(e) because there is significant exposure to litigation against the City based on existing facts and circumstances. (One Case) § 5
4956.9(e)(2) – Facts and circumstances including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs. 1 .2 Conference with Real Property Negotiator. To meet with Paul Spence Assistant City Manager and Andy Ross Economic Development Manager, the City’s negotiators pursuant to Government Code section 54956.8, regarding the sale and purchase of real property at Assessor’s Parcel No. 99B-5300-2-13. The City's negotiators may negotiate with Stephen Wawryk and Danielle Davenport on behalf of Western Title Insurance Company. The
instructions will concern price and terms of payment, acquisition, and m
aintenance.
________________________________________________________________ ATTACHMENT 1
15 CM/75/2 Minutes NOVEMBER 25, 2024

REGULAR MEETING

2. CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 7:00 pm, held in person at 1016 S. Livermore Avenue.

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

Absent: Council Member Barrientos

PLEDGE OF ALLEGIANCE

Council Member Barrientos joined the meeting at 7:01 pm.

REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala said there was no reportable action.

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Beautification Committee annual update presented by Chair Karen Jefferson.

Beautification Committee Chair Karen Jefferson provided the annual update.

3.2 Presentation of the 2024 Beautification Awards.

Beautification Committee Chair Karen Jefferson presented the 2024 Beautification Awards.

The Mayor reordered the agenda stating Item 6.1 was continued and moving Item 6.2 before Open Forum and the Consent Calendar.

Mayor Marchand reordered the agenda to continue item 6.1 to a future meeting and hear item 6.2 after Proclamations and Presentations

6.2 Hearing to consider a proposed Vesting Tentative Tract Map and Site Plan Design Review for a 44- unit single -family residential subdivision (Garaventa Hills), consisting of 38 single- family detached units and 6 duet/couplet units and an Environmental Impact Report (EIR).

Recommendation: The Planning Commission and staff recommend the City Council take the following actions to authorize the development of the Garaventa Hills residential project:

1. Adopt a resolution certifying the Environmental Impact Report pursuant to the California Environmental Quality Act;

2. Adopt a resolution approving Subdivision (SUB) 13- 001 and Site Plan ATTACHMENT 1
16 NOVEMBER 25, 2024 Minutes CM/75/3

Design Review (SPDR) 13 -005, subject to conditions, and authorizing the applicant to provide six affordable duet units as proposed and to make an equivalency payment to satisfy the remaining fractional portion of the affordable housing requirement; and,

3. Direct the Planning Manager to file a Notice of Determination, in accordance with the provisions of the California Environmental Quality Act, subject to project approval.

Special Projects Coordinator Steve Stewart presented the staff report.

President of Lafferty Communities and owner of Livermore LT Ventures 1 Group, LLC. David Ragland provided a comment.

Mayor Marchand opened the public hearing.

Doug Mann provided a comment.

Bianca Covarelli provided a comment.

Dennis Kai provided a comment.

Vladimir provided a comment.

Alan Marling provided a comment.

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

ON THE MOTION OF COUNCIL MEMBER KIICK, SECONDED BY VICE MAYOR CARLING AND CARRIED ON A 4-1 VOTE, WITH COUNCIL MEMBER

BARRIENTOS VOTING NO, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:

Resolution 2024 -201 certifying the Environmental Impact Report for the Garaventa Hills Project and adopting California Environmental Quality Act Findings, and a Mitigation Monitoring and Reporting Program.

Resolution 2024 -202 approving Vesting Tentative Tract Map (VTTM) 8094 (Subdivision 13- 001) and Site Plan Design Review 13- 005 and authorizing the applicant to provide six affordable duet units as proposed and to make a cash payment equivalent to 3.15 affordable units to satisfy the affordable housing obligation for the Garaventa Hills Project.

4. OPEN FORUM

Mayor Marchand opened the public comment period.

Council Member Kiick left the meeting at 8:13 pm.

David McGuigan provided a comment.

ATTACHMENT 1
17 CM/75/4 Minutes NOVEMBER 25, 2024
Counci
l Member Kiick returned to the meeting at 8:15 pm.

Marti
Sutton provided a comment.

Doug Ma
nn provided a comment.

Vlad
imir provided a comment.

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

5. CONSE

NT CALENDAR
Item 5
.9 was removed from the Consent Calendar for separate discussion and action.

Mayor
Marchand opened the public comment period.

Counci
l Member Kiick left the meeting at 8:29 pm.

Item

5.0 David McGuigan provided a comment.

Counci
l Member Kiick returned to the meeting at 8:30 pm.

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

ON THE

MOTION OF COUNCIL MEMBER BARRIENTOS, SECONDED BY VICE
MAYOR CARLING AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 5.9.

ON THE

MOTION OF COUNCIL MEMBER BRANNING , SECONDED BY
COUNCIL MEMBER KIICK , AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 5. 9 WITH AN INCREASE OF $5000 OF PROCEEDS GOING TO THE SELLER FOR REHOUSING FOR A TOTAL AMOUNT OF $10,000.

5.1 Approv
al of draft minutes for October 28, 2024.

5.2 Intr
oduce an Omnibus Ordinance and waive the first reading making administrative, technical, and other non- substantive changes to various sections of the Livermore Municipal Code and the Livermore Development Code.

Omni
bus Ordinance introduced making administrative, technical, and other non- substantive changes to various sections of the Livermore Municipal Code and the Livermore Development Code.

5.3 Resolution 2024-192 authorizing the execution of an agreement with Siemens Industry, Inc. to monitor the fire alarm and burglar alarm systems and ATTACHMENT 1
18 NOVEMBER 25, 2024 Minutes CM/75/5
inspect, test, and repair the fire alarm and sprinkler systems in multiple city buildings in an amount not -to-exceed $550,000 for a two- year term ending December 31, 2026.

5.4 Resolution 2024-193 accepting public improvements constructed pursuant to the Subdivision Improvement Agreement for Tract Map 8358 located at Chestnut Street and North N Street for the construction of 44 townhomes by Taylor Morrison of California, LLC for permanent maintenance and authorizing release of security, and accepting offer of dedication for public utility and emergency vehicle access easement.

5.5 Resolution 2024-194 authorizing execution of a second amendment to the agreement with Cannon Corporation for additional commissioning support during construction of the WRP Primary and Secondary Treatment Improvements Project No. 2019- 31, increasing the not -to-exceed contract amount from $231,026 to $324,171, with a term ending December 31, 2027.

5.6 Resolution 2024-195 authorizing receipt of funds in the amount of $82,179 from the California Department of Justice, Office of Attorney General, Tobacco Law Enforcement Grant program, authorizing the execution of a Memorandum of Understanding, and the appropriation of the $82,179 grant award.

5.7 Resolution 2024-196 authorizing the execution of Project and Program Grant Agreements with Las Positas College Foundation, Livermore Art Association, and Livermore Valley Performing Arts Center dba Livermore Valley Arts, consistent with the City's Public Art Policy.

5.8 Resolution 2024-197 authorizing the execution of a grant agreement with Livermore Downtown Inc. in the amount of $90,000 for FY 2024-25.

5.9 Resolution 2024-198 authorizing the City Manager to sign all documents necessary to authorize a reduction, by an amount not to exceed $125,000, of the principal and accrued interest owed on the promissory note with Ms. Heather Legan for the City -restricted property located at 318 S. Livermore, Unit 112, sufficient to allow for a market -priced sale and repayment of all tax and first mortgage liens owed, real estate and escrow fees, basic repair costs and provide $10,000 of proceeds to the seller for rehousing.

5.10 Resolution 2024-199 authorizing execution of a quitclaim deed to Karamjit Singh Nijjar for re -granting abutter's rights at the new driveway location for the Fairfield Inn project located at 220 North Greenville Road.

5.11 Resolution 2024-200 authorizing execution of a purchase order with 72 Hour LLC dba National Auto Fleet Group for seven replacement Ford Hybrid Police Interceptor Utilities in an amount not-to-exceed $459,558.

6. PUBLI

C HEARINGS

6.1 Reso
lution authorizing the City Manager to execute a Power Purchase ATTACHMENT 1
19 CM/75/6 Minutes NOVEMBER 25, 2024
Agreement with Ava Community Energy to install solar and battery storage at critical municipal facilities.

Thi
s item was continued to a date to be determined.

7. MATT

ERS FOR CONSIDERATION

7.1 Res
olution sunsetting the Livermore -Dublin Liaison Committee, the Livermore-Pleasanton Liaison Committee, and the Intergovernmental Committee.

Rec
ommendation: Staff recommended the City Council adopt a resolution sunsetting the Livermore- Dublin Liaison Committee, the Livermore- Pleasanton Liaison Committee, and the Intergovernmental Committee.

City Cle
rk Debbie Elam presented the staff report.

Mayo
r Marchand opened the public comment period.

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

ON THE

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

ADOPTED THE FOLLOWING RESOLUTION WITH THE EXCEPTION THAT

STAFF TRANSITION THE INTERGOVERNMENTAL COMMITTEE TO ANNUAL MEETINGS AND NOT SUNSET THE COMMITTEE.

Res
olution 2024 -203 sunsetting the Livermore- Dublin Liaison Committee, the Livermore-Pleasanton Liaison Committee, and transition the Intergovernmental Committee to a body that meets annually.

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.

Cit
y Serve Vice Mayor Carling noted his attendance at the Prayer Breakfast on November 25, 2024.

Sleep
in Heavenly Peace Vice Mayor Carling noted his attendance at the bed build at Crosswinds Church on November 2, 2024.

EVA Counci
l Member Barrientos noted that there will be six projects at city locations that will be in conjunction with EVA.

ATTACHMENT 1
20 NOVEMBER 25, 2024 Minutes CM/75/7
City of Livermore Mayor Marchand noted his attendance at the NASA moon tree planting on October 30, 2024.

9. ADJ
OURNMENT – at 9:00 pm in memory of Joyce Shapiro to Regular City Council Meeting on Monday, December 9, 2024, at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

APPROVED:

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

DATE:

December
9, 2024
TO:

Honorable Mayor and City Council
FROM:

Jason Alcala, City Attorney
SUBJECT:

Adoption of an omnibus ordinance making administrative, technical, and other non- substantive changes to various sections of the Livermore Municipal Code and the Livermore Development Code

RECOMMENDED ACTION

Staff recommends the City Council
adopt an omnibus ordinance
amending various sections of the
Livermore Municipal Code and Livermore Development Code to make administrative, technical, and other non-substantive amendments.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Omnibus Ordinance

Prepared by: Jason Alcala

City Attorney

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
22 1

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

AN OMNIBUS ORDINANCE AMENDING THE LIVERMORE MUNICIPAL CODE AND

THE LIVERMORE DEVELOPMENT CODE TO CORRECT GRAMMATICAL ERRORS,

CLARIFY LANGUAGE, CONFORM THE CODES TO CURRENT STATE LAW,

CONFORM CODES TO ADMINSTRATIVE PRACTICES AND FACTS, AND TO MAKE

OTHER ADMINISTRATIVE, TECHNICAL, AND NON-SUBSTANTIVE AMENDMENTS

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

Section 1. Purpose. This omnibus ordinance makes several changes to the Livermore Municipal Code and the Livermore Development Code to correct grammatical errors, clarify language, conform the codes to current state law, conform codes to administrative practices and facts, and to make other administrative, technical, and non- substantive amendments.

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

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

A. Subsection b of Subsection 2 of Section B in Section 2.68.220 Contract approval authorities is hereby amended to read as follows to correct a grammatical error:
“Public works contracts for resulting from informal bidding procedures up to the amount specified in California Public Contract Code Section 22032(b), as set forth in LMC 2.68.530, and change orders to public works contracts consistent with LMC 2.68.590.” B. Subsection a of Subsection 4 of Section B in Section 2.68.220 Contract approval authorities is hereby amended to read as follows to clarify the language:
“Contracts for goods and general services that have a compensation amount up to $150,000, and amendments those to goods and general services contracts consistent with LMC 2.68.230.” 23 2
C. Subsection b of Subsection 4 of Section B in Section 2.68.220 Contract approval authorities is hereby amended to read as follows to clarify the language:
“Contracts for professional services that have a compensation amount up to $100,000, and amendments those to professional services contracts consistent with LMC 2.68.230.”
D. Subsection 3 of Section B in Section 2.68.350 Competitive negotiation following a request for proposals is hereby amended to read as follows to correct grammatical errors:
“Evaluation of Proposals. Submitted proposals shall be evaluated in accordance with the evaluation criteria and process identified in the solicitation document, which may include: evaluation of the written submittals; interviews, presentations and/or product demonstrations as applicable; reference checks; and, other factors as necessary to determine a rank ranked order of proposals.”
E. Section 3.08.150 Exemptions – Nonprofit activities is amended to add subsection C to read as follows to apply the existing business license exemptions for educational activities in subsection A, and business license exemptions for nonprofits in subsection B, to the provider of one-day educational performances offered to the public by governmental entity, including public libraries:
“C. No business license shall be required from the provider of a one-day educational performance offered to the public by a governmental entity, which includes public libraries.”
F. Subsections A, C, and D in Section 6.12.040 License – Time for fee payment are hereby amended to read as follows to adjust the timing for dog license renewals from quarterly to monthly, and to pro-rate a license to half the usual fee when a license cannot be renewed for a full year due to a rabies vaccination expiration date:
“A. The dog owner shall pay the license fee required by this chapter on an annual basis. The annual period can
commence on January 1st, April 1st, July 1st or October 1st.” “C. Licenses issued between January 1st and March 31st of each year will be effective until and including December 31st of the ensuing year, or in the case of a three-year license, the 31st day of December of the third year. Likewise, licenses issued between April 1st and June 30th will be effective until March 31st of the ensuing year or the third year, licenses issued between July 1st and September 30th will be effective until June 30th of the following year or the third year, and licenses 24 3
issued between October 1st and December 31st of each year will be effective until September 30th of the following year or the third year. License renewals will be processed monthly. A new or renewed license will expire on the last day of the issuance month of the following year for a one-year license or of the third year for a three-year license. The license expiration date cannot be subsequent to the last day of the month of the rabies vaccination expiration.”
“D. Proration of fees may apply in special circumstances. If a license cannot be issued for a full year due to the rabies vaccination expiration date, the fee may be pro-rated to half of the full annual fee.”
G. Section 10.24.010 Truck routes designated is amended to read as follows to eliminate the interim truck route designation for “Kitty Hawk Road between Jack London Boulevard and Airway Boulevard, and for Airway Boulevard between Kitty Hawk Road and Interstate 580” consistent with Resolution No. 2012-050 and General Plan Figure 5-3 and the Changes to Truck Routes section on page 5-53 in the General Plan Circulation Element now that the Isabel Interchange was completed and State Route 84 was transferred to Isabel Avenue in 2012:
“Isabel Avenue, Kitty Hawk Road between Jack London Boulevard and Airway Boulevard, Airway Boulevard between Kitty Hawk Road and Interstate 580, and East Stanley Boulevard west of Isabel Avenue, within the corporate limits of the City, are hereby declared to be and are established as truck routes, which shall remain unrestricted by any ordinance or regulation of the City as to weight limits or types of vehicles, so long as this section shall remain in effect.”
H. The following sections in Title 13 Public Services are amended to read as follows to replace gender specific references from “he” to “City Manager” and as otherwise needed to reflect gender neutrality, to reflect the change in title from to the former position title “water resources manager” to the current position title “water resources division manager,” to update the reference from “Director” to specifically refer to the “Public Works Director,” and to reflect the current titles for other authorized enforcement officials:

13.04.010 “The municipal water department is created, and the operation shall be under the general direction of the
City Manager. He The City Manager shall have the
authority to organize the water system into one or more city departments, or to integrate part or all of the water system into other city departments and to delegate his
25 4
authority and responsibility to subordinate officials and employees.”

13.08.180, subsection A. “Notice. If the water resources division manager determines that this chapter has been
violated and an emergency shutoff is not warranted,
the water resources division manager shall send a
written notice to the customer explaining the violation.

If, within 10 days of receipt of the written notice, the customer has not remedied the violation or requested
an administrative hearing, water service to the
premises shall be discontinued until the violation has
been remedied.”

13.08.180, subsection C. “Emergency Shutoffs. In case of fire, or alarm of fire, or any situation which in the opinion of the water resources division manager has the potential to
contaminate the City’s water supply, or in making
emergency repairs, the City shall have the right to shut off water from any consumer or number of consumers
without notice, and to keep it shut off as long as it may be necessary. An emergency shutoff may be appealed
pursuant to the procedure outlined in
LMC 13.08.180(B).”

13.09.020 “The water resources division manager shall be responsible for the protection of the public potable
water distribution system from contamination or
pollution due to the backflow or back-siphonage of
contaminants or pollutants through the water service
connection. If, in the judgment of the water resources
division manager, an approved backflow prevention
assembly is required at the City’s water service
connection to any customer’s premises, for the safety
of the water system, the water resources division
manager or his or her designated agent shall give
notice in writing to that customer to install an approved backflow prevention assembly at each service
connection to the customer’s premises. The customer
shall immediately install an approved assembly at his
or her own expense. The customer’s failure, refusal, or inability to immediately install the assembly shall
constitute a ground for discontinuing water service to
the premises until the assembly has been properly
installed.”
26 5

13.09.030 “The customer may appeal the finding of the water resources division manager that this chapter has been
violated to the City Manager pursuant to the procedure
outlined in LMC 13.08.180(B).”

13.09.040, subsection A. “ “Approved” means accepted by the water resources division manager as meeting an
applicable specification stated or cited in this chapter, or as suitable for the proposed use.”

13.09.040, subsection T. “ “Water resources division manager” means the water resources division manager or his or
her designee.”

13.09.090, subsection B. “On any premises where the water resources division manager determines there is water
or a substance that would be objectionable but not
hazardous to health, if introduced into the public water system, the public water system shall be protected by
an approved double check valve assembly.”

13.09.100 “A customer at any premises where backflow prevention assemblies are installed shall conduct certified
inspections and operational tests at least once per year.

When the water resources division manager perceives
a hazard, he or she may require certified inspections at more frequent intervals. These inspections and tests
shall be at the expense of the water user and shall be
performed by a certified tester approved by the water
resources division manager. The customer shall notify
the water resources division manager in advance when
the tests are to be undertaken so that he or she may
observe the tests. These devices shall be repaired,
overhauled, or replaced at the expense of the customer- user whenever said devices are found to be defective.”

13.09.110 “All backflow prevention assemblies installed before the date upon which the ordinance codified in this chapter
becomes effective, which do not meet the requirements
of this chapter but were approved devices for their
current uses at the time of installation and which have been properly maintained, shall, except for the
inspection and maintenance requirements under LMC

13.09.100, be excluded from the requirements of this
chapter if the water resources division manager
determines that such devices will satisfactorily protect the public water system. Whenever the existing device
27 6
is moved from the present location or when the water
resources division manager finds that the maintenance
constitutes a hazard to health, the unit shall be replaced by a backflow prevention device from the University of
Southern California approved backflow assembly list,
approved by the water resources division manager, and
that meets the requirements of Title 17 of the California Code of Regulations.”

13.25.220 “Violations of any provision of this chapter may result in the immediate suspension of any development permit
previously issued for the property upon which said
violation occurred, until compliance with all the
requirements of this chapter is demonstrated to the
satisfaction of the Public Works Director.”

13.32.120, subsection D. “Any waters or wastes with a pH less than 6.0 or greater than 10.5. The water resources
division manager may, at his or her discretion, establish a pH range of 5.0 to 10.5 for specific industrial users provided certain conditions are met, however at no time shall the pH drop below 5.0.”

13.45.020, subsection 1, of subsection A. “ “Authorized enforcement official” means any of the following city officials: Director of Public Works Director, water resources division
manager, water resources assistant manager, water
reclamation plant laboratory supervisor, water
reclamation plant, source control coordinator, and
source control inspectors. Inspector, water reclamation plant collection system supervisor and water
reclamation plant senior operator.”
Section 4. Amendments – Development Code. The Livermore Development Code is hereby amended to read as follows for several code sections to change the permit requirements for the “Large family day care” land use in the Child Day Care Facility category from ZUP to P consistent with California Health & Safety Code section 1597.45:

A. The permit requirements for the Child Day Care Facility land use in the Services: General category for the T3N Use Table in Subsection H in Section

3.02.070 T3 Neighborhood (T3N) Standards is hereby amended in part to read as follows, with the other language in the table remaining unchanged:

Land Use Type 1, 3 Specific Use
Regulations
Permit
Required
Services: General
28 7
Child Day Care Facility
Small family day care home
Large family day care home
Family day care center

6.02.020
P
ZUP P
CUP
B. The permit requirements for the Child Day Care Facility land use in the Services: General category for the T4N Use Table in Subsection I in Section

3.02.080 T4 Neighborhood (T4N) Standards is hereby amended in part to read as follows, with the other language in the table remaining unchanged:

Land Use Type 1, 2 Specific Use
Regulations
Permit
Required
Services: General
Child Day Care Facility
Small family day care home
Large family day care home
Family day care center

6.02.020
P
ZUP P
CUP
C. The permit requirements for the Child Day Care Facility land use in the Services: General category for the T4N-O Use Table in Subsection H in Section

3.02.090 T4 Neighborhood-Open (T4N-O) Standards is hereby amended in part to read as follows, with the other language in the table remaining unchanged:

Land Use Type 1, 3 Specific Use
Regulations
Permit
Required
Services: General
Child Day Care Facility
Small family day care home
Large family day care home

6.02.020
P
ZUP P
D. The permit requirements for the Child Day Care Facility land use in the Services: General category for the T4MS-O Use Table in Subsection H in Section

3.02.100 T4 Main Street-Open (T4MS-O) Standards is hereby amended in part to read as follows, with the other language in the table remaining unchanged:
29 8
Land Use Type 1 ,2 Specific Use
Regulations
Permit
Required
Services: General
Child Day Care Facility
Small family day care home
Large family day care home
Family day care center

6.02.020
P
ZUP P
CUP
E. The permit requirements for the Child Day Care Facility land use in the Services: General category for the T4MS Use Table in Subsection H in Section

3.02.110 T4 Main Street (T4MS) Standards is hereby amended in part to read as follows, with the other language in the table remaining unchanged:

Land Use Type 1, 2 Specific Use
Regulations
Permit
Required
Services: General
Child Day Care Facility
Small family day care home
Large family day care home
Family day care center

6.02.020
P
ZUP P
CUP
F. The permit requirements for the Child Day Care Facility land use in the Services: General category for the R-R Use Table in Subsection H in Section

3.03.030 Residential Rural (R-R) Zone is hereby amended in part to change its Subsection from “H” to “I” and to read as follows, with the other language in the table remaining unchanged:

Land Use Type 1 Specific Use
Regulations
Permit
Required .

R-R-1
R-R-3
R-R-5
Services: General
Child Day Care Facility:

Small family day care home

6.02.020
P P
30 9
Large family day care home
Family day care center
ZUP
P
CUP
ZUP
P
CUP
G. The permit requirements for the Child day Care Facility land use in the Services: General category for the R-S Use Table in Subsection G in Section

3.03.040 Suburban Residential (R-S) Zone is hereby amended in part to read as follows, with the other language in the table remaining unchanged:

Land Use Type 1 Specific Use
Regulations
Permit
Required
Services: General
Child Day Care Facility:

Small family day care home
Large family day care home
Day care center

6.02.020
P
ZUP P
CUP
H. The permit requirements for the Child Day Care Facility land use in the Services: General category for the R-L Use Table in Subsection G in Section

3.03.050 Residential Low Density (R-L) Zone is hereby amended in part to read as follows, with the other language in the table remaining unchanged:

Land Use Type1 Specific Use
Regulations
Permit
Required
Services: General
Child Day Care Facility:

Small family day care home
Large family day care home
Day care center

6.02.020
P
ZUP P
CUP
I. The permit requirements for the Child Day Care Facility permit requirement in the Services: General category for the MFR Use Table in Subsection H in Section 3.03.060 Multiple Family Residential (MFR) Zone is hereby amended in part to read as follows, with the other language in the table remaining unchanged:
31 10
Land Use Type 1 Specific Use
Regulations
Permit
Required
Services: General
Child Day Care Facility:

Small family day care home
Large family day care home
Day care center

6.02.020
P
ZUP P
CUP
J. The permit requirements for the Child Day Care Facility land use in the Services: General category for the Suburban Multiple Residential (RG) Zone - Use Table in Subsection I in Section 3.03.070Suburban Multiple Residential (RG) Zone is hereby amended in part to read as follows, with the other language in the table remaining unchanged:

Land Use Type 1 Specific Use
Regulations
Permit
Required
Services: General
Child Day Care Facility:

Small family day care home
Large family day care home
Day care center

6.02.020
P
ZUP P
CUP
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 November 25, 2024, by the following vote:
32 11
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
City Clerk City Attorney
33 CITY COUNCIL STAFF REPORT
ITEM NO. 5.3

DATE:

December
9, 2024
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the City Hall HVAC & Central Plant Chiller Replacement Project 2018-30.

RECOMMENDED ACTION

SUMMARY
On February 13, 2023, City Council awarded the contract for construction of the City Hall HVAC & Central Plant Chiller Replacement Project to Environmental Systems, Inc. The contract was substantially completed on September 19, 2024, and reached final completion on November 12, 2024. The contract can now be accepted for permanent maintenance. The process to release the contractor's bonds can begin.

DISCUSSION
The City Hall HVAC & Central Plant Chiller Replacement Project consisted of replacing two main chillers
and three boilers and associated supporting equipment located in the equipment room at the back of the Police Department (Central Plant). The project also includes replacing Police Department pneumatic controls to digital direct controls, upgrading the existing HVAC control systems and supporting equipment in City Hall to a digital direct controls system, and upgrading controls to include carbon dioxide monitoring in both the Police Department and City Hall.

The project site was located off of Pacific
Avenue, 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 34 equal to any claims filed and of which notice has been given. The balance of the bond will be released 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 was $3,403,400. The contingency budget for change orders is 10% of that amount. The final contract amount including change orders is $3,278,893. The unused $124,507 contract balance will be returned to the original funding source. Funding source for this project is Facilities Rehabilitation Program (Fund 740). This equipment replacement and upgrade project will decrease ongoing operation, maintenance, and replacement costs.

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: Nick Bagakis
Associate Engineering Technician

CITY OF

COMMUNITY DEVELOPMENT DEPARTMENT - ENGINEERING DIVISION

A L I F O R N I AC

CITY OF LIVERMORE

CITY HALL HVAC & CENTRAL PLANT CHILLER

REPLACEMENT

OVERALL SITE PLAN
040 80 20 10
N

CENTRAL PLANT
(2) CHILLERS
(3) BOILERS
AND SUPPORTING EQUIP.

POLICE FACILITY
911 EMERGENCY DISPATCH (4) MINI-SPLIT UNITS
PD IT SERVER ROOM (2) MINI-SPLIT UNITS

MINI-SPLIT COMPRESSORS LOCATED AT ROOF
CITY HALL HVAC CONTROL SYSTEM UPGRADES.

REPLACEMENT OF CONTROL PANELS, SENSORS,
THERMOSTATS, AND INSTALLATION OF NEW CO2 SENSORS
AHU-6 HVAC CONTROL PANEL REPLACEMENT
AHU-4 & 5 HVAC CONTROL PANEL REPLACEMENT
AHU-1 HVAC CONTROL PANEL REPLACEMENT
AHU-2 HVAC CONTROL PANEL REPLACEMENT
AHU-3 HVAC CONTROL PANEL REPLACEMENT

HVAC CONTROL UPGRADE FROM
PNEUMATIC TO DDC AND NEW CO2 SENSORS
THROUGHOUT THE ENTIRE POLICE FACILITY.

CITY HALL
AHU-1 HVAC CONTROL PANEL REPLACEMENT
AHU-3 HVAC CONTROL PANEL REPLACEMENT
AHU-2 HVAC CONTROL PANEL REPLACEMENT
AHU-4 HVAC CONTROL PANEL REPLACEMENT
ATTACHMENT 1
36 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
(City Hall HVAC & Central Plant Chiller Replacement Project 2018-30) The City Engineer of the City of Livermore (“City”) has filed with the City Clerk a report in writing that all work on the City Hall HVAC & Central Plant Chiller Replacement Project 2018-30 (“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 December 9, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
37 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Notice of Completion
38 39

CITY COUNCIL STAFF REPORT
ITEM NO. 5.4

DATE:

December
9, 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 2023 Storm Damage Repair Project (LOP 5, 13, & 14), City Projects S202300A & S202300P, FEMA 4683.

RECOMMENDED ACTION

SUMMARY
On July 8, 2024, City Council awarded the contract for construction of the 2023 Storm Damage Repair Project to ETIC. The contract was substantially completed on October 10, 2024, and reached final completion on October 24, 2024. The contract can now be accepted for permanent maintenance. The process to release the contractor's bonds can begin.

DISCUSSION
The 2023 Storm Damage Repair Projects (LOP 5, 13, & 14) Debris Removal Project S202300A and Permanent Repair Project S202300P consisted primarily of removing sediment and debris at the Airway Blvd Culvert at Arroyo Las Positas (LOP 5), restoring the exposed storm drain at the Arroyo Mocho Trail at Anza Way (LOP 13) and stabilizing the bank at the Arroyo Mocho Trail at Creek Road (LOP 14).

These locations were damaged during the 2022-23 winter storms.

Attachment 1 - Location Map shows
the three repair locations. 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 40 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 was $446,713. The contingency budget for change orders is 10% of that amount. The final contract amount including change orders is $452,682, which is 1 percent more than the original contract based on final bid item quantities and two change orders. The total value of change orders is $5,969 that consisted primarily of potholing an existing high-pressure gas main not indicated on the plans and adjusting bid line items to actual quantities measured in the field.

Funding sources for the 2023 Storm Damage - Debris Removal Project S202300A and 2023 Storm Damage Permanent Repair Project S202300P include Storm Water (Fund 220), FEMA Storm Reimbursement (Fund 222), State Grant (Fund 607), and Federal Grant (Fund 615). This maintenance and repair project will not increase ongoing operation, maintenance, and replacement costs.

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

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
41 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. The City of Livermore is not responsible for misuse or errors or omissions on this map. All information should be confirmed.

City of Livermore, 2023 New Years Storm Sites
50,400
Information Technologies, GIS Division, City of Livermore 8,400.0
Legend
1:

NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US Feet0 8,400.04,200.00 Notes
1/5/2023Date Printed:

City Limits
Major Streets (> 62,500)
Creeks
Public Facilities (4500-100000)
Park Names (4500-100,000)
Lakes
Creeks
Public Facilities
Fire Station
Police Facility
Other Gov't Facility
Schools
Parks
Airport
Fire Station
Police Facility
Other Gov't Facility
2024 CONSTRUCTION PROJECTS
FEMA LOP# Location
5 Airway Blvd Culvert
13 Arroyo Mocho Trail near Anza Way
14 Arroyo Mocho Trail near Creek Road
Date: 5/8/2024
2023 Storm Damage Repair Site Map
5 14
13 LOP 5 - AIRWAY BLVD
LOP 14 - CREEK ROAD
LOP 13 - ANZA WAY
ATTACHMENT 1
42 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
(2023 Storm Damage Repair Project (LOP 5, 13, & 14), City Project No. S202300A & S202300P, FEMA 4683)
The City Engineer of the City of Livermore (“City”) has filed with the City Clerk a report in writing that all work on the 2023 Storm Damage Repair Project (LOP 5, 13, & 14), City Project No. S202300A & S202300P, FEMA 4683 (“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;

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 December 9, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
43 RESOLUTION NO.

ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Notice of Completion
44 NOTICE OF COMPLETION
City's Project No. S20230A & S202300P FEMA DR 4683
Project: 2023 Storm D amage Repair Project [LOP 5, 13, & 14) Date: I 2/ I 0124
Contractor: �E�T�l�C�------------------
Contract For Construction of: 20?3 Storm Damage Repair Project !LOP 5, 13, & 14) Proj ect or Specified Pait Shall Include: All that work as set forth in the Bid Schedule(s) of the Bid Forms, as awarded by the City of Livermore pursuant to the Contract Documents for Public Works Project No. S202300A & S202300P. FEMA 4683.
=D'-"o=c=u,_,_m=e-'--'-n=-t =lo=c=at=e=d-=a=t:__,l'-"0""5=2--"S"'". ""'L"""i v-'--'e""r-'--'-m'""o"'"re.:.....a..A'-'v""'e'-'-.,""'L"""i v""'e""r-'-'m'""o"'"re=,'-'C=A'-'--'9--'4""5""'5""'0 __ Contract Date: Ju Iv 8. 2024 The work performed under this contract was inspected by authorized representatives of the Ciry. Contractor. and Engineer, and determined to be substantially complete on 10/1 0/24. The project reached Final Completion on 10/24/24 which is within che number of working days required per Section 5.2 of the contract. The City elects to accept the Proj ect and will record the Notice of Completion.

E GINEERING DIVISION
Engineer
The Contractor hereby accepts the above Notice of Completion ETIC
Contractor
The City accepts the project or specified area of the project to have reached final completion and will assume full possession of the Project or specified area of the Project at 8:00 am, on December IO. 2024. The responsibility for heat. utilities, security, and insurance under the Contract D ocuments will be assumed by the City after that date.

Nature of interest of owner: Fee.

I certify (declare) under 1he penalty of pe,jury under the laws of the State of California that the foregoing is true and correct.

Owner:

City of Livermore
I 052 S. Livermore A ve.

Livennore, CA 94550
Cit) of Li,cm1orc
�J.IV0680-090195

FOR THE CITY OF LIVERMORE
By ___________________ _
Marianna Marysheva. City Manager Date

NOTICE OF COMPLETION

CO TRACT ADMJNISTRATION FORMS
DOCUME T 00680 - PAGE I
EXHIBIT A 45

CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

December
9, 2024
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution determining Parcel 14 of Tract 8613, Shea Portola Apartments, located at the northeast corner of Portola Avenue and Collier Canyon Road, is annexed to the City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services).

RECOMMENDED ACTION

SUMMARY
The Shea Portola Apartments project, Parcel 14 of Tract 8613, Shea Portola Apartments, located at the northeast corner of Portola Avenue and Collier Canyon Road, was conditioned to participate in a maintenance district to finance the maintenance and operation of services associated with the Isabel Neighborhood Specific Plan. The property owner, Shea Center Livermore LLC, is fulfilling this obligation by requesting annexation to Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) (CFD No. 2023-1) and has provided the attached Unanimous Approval document that constitutes a unanimous vote by Shea Center Livermore LLC in favor of annexing their property into CFD No. 2023-1.

DISCUSSION
On June 12, 2023, the City Council adopted Resolution 2023-92, approving the formation of CFD No. 2023-1 and a future annexation area (Future Annexation Area) for CFD No. 2023-1 under the Mello- Roos Community Facilities Act of 1982 (Mello-Roos Act). At that meeting, a special election of qualified landowner electors in CFD No. 2023-1 was held at which at least two-thirds of the electors voting approved the levy of the special tax in the original boundaries of CFD No. 2023-1 and an appropriations limit for CFD 2023-1.

46 Subsequently, on June 26, 2023, the City Council adopted Ordinance No. 2147, to levy special taxes within CFD No. 2023-1, including any parcels that annex into CFD No. 2023-1.

The Future Annexation Area was established for CFD No. 2023-1 to create a streamlined process for projects to annex into CFD No. 2023-1 and contribute maintenance funds for the public amenities and/or infrastructure that is installed within the Isabel Neighborhood Specific Plan. The Future Annexation Area coincides with the boundary of the Isabel Neighborhood Specific Plan area. Parcels within the Future Annexation Area may annex into CFD 2023-1 without any requirement for further public hearings or additional proceedings if their owners execute a unanimous approval (Unanimous Approval), which under the Mello-Roos Act constitutes the vote of the qualified elector in favor of the matters addressed in the Unanimous Approval for purposes of California law.

CFD No. 2023-1 was formed to provide funding for the maintenance and operation of the following public amenities within the Isabel Neighborhood Specific Plan:

Neighborhood Streets - Main Street, Bicycle Streets, and Pedestrian Streets within the Isabel Neighborhood Specific Plan
Neighborhood Parks
Neighborhood Trails
Neighborhood Plazas
Pedestrian Bridge/Tunnel Crossing of Isabel Avenue
Valley Link Plaza and Pedestrian Bridges
Valley Link Parking Lot

Costs for CFD No. 2023-1 administration, as well as Alameda County’s costs to collect the special taxes, will also be paid with special taxes levied in CFD No. 2023-1.

The Shea Portola Apartments project, Parcel 14 of Tract 8613, is located within the Future Annexation Area. The conditions of approval for the project require the property owner to participate in a maintenance district to finance the maintenance and operation of services associated with the Isabel Neighborhood Specific Plan. The property owner, Shea Center Livermore LLC, is fulfilling this obligation by requesting annexation to Community Facilities District No. 2023-1 and has executed the attached Unanimous Approval. Unanimous Approval constitutes a unanimous vote by Shea Center Livermore LLC in favor of annexing their property to CFD No. 2023-1 and the annual levy of special taxes according to the rate and method of apportionment of the special tax (RMA).

To complete the annexation process for the Shea Portola Apartments project, Parcel 14 of Tract 8613, the City Council is asked to consider adopting a resolution determining that the property is annexed to CFD No. 2023-01. Adoption of the resolution will annex the project as Tax Zone 4 within the CFD No. 2023-1 and direct the City Clerk to record a notice of the annexation with the Alameda County Recorder.

Attachment 1 shows a map of the CFD No. 2023-1 boundary with all tax zones created to date. This map will be updated as new tax zones are annexed into CFD No. 2023-1.

FISCAL AND ADMINISTRATIVE IMPACTS

The City will administer CFD No. 2023-01 on an annual basis and will budget for, and manage, the necessary maintenance, operation, and administration. All related expenditures will be paid by the City with special taxes collected in CFD No. 2023-1. At buildout of the Isabel Neighborhood Specific Plan 47 area, the estimated annual cost for maintaining all the items in the Description of Services for CFD No. 2023-1 is approximately $1,800,000 plus administrative expenses. As each new development within the specific plan is completed, they will be assessed their pro-rata share of the overall maintenance expenses of the CFD No. 2023-1.

With this annexation, the Shea Portola Apartments project becomes Tax Zone 4 in CFD No. 2023-1. The FY 2024-25 Special Tax Requirement Max Cap for Zone 4 is estimated at $75,665, an average of $360.31 per residential unit as shown in Table 4 of Exhibit A to the Resolution. This amount is the pro- rata share of the CFD maintenance costs attributed to Tax Zone 4. The max cap for Tax Zone 4 will increase on July 1, 2025, and annually each July 1 thereafter, based upon the prior calendar year’s change in the Consumer Price Index – All Urban Consumers (San Francisco-Oakland- San Jose, CA) plus one percent (CPI + 1%).

Future annexations will be numbered sequentially as distinct tax zones for purposes of the RMA. Each new zone will be assessed separately, based on their pro-rata share of the maintenance funds for the Isabel Neighborhood Specific Plan public infrastructure and amenities.

COMMUNITY PILLAR

2: Economy that Prospers

GOAL

4: Implement the Isabel Neighborhood Specific Plan

ATTACHMENTS

1. CFD 2023-1 Tax Zone Map

2. Resolution

3. Exhibit A - Unanimous Approval

Prepared by: Leon Taing
Senior Civil Engineer

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION DETERMINING PARCEL 14 OF TRACT 8613, SHEA PORTOLA

APARTMENTS, LOCATED AT THE NORTHEAST CORNER OF PORTOLA AVENUE

AND COLLIER CANYON ROAD, IS ANNEXED TO THE CITY OF LIVERMORE COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ISABEL NEIGHBORHOOD

SPECIFIC PLAN SERVICES)
The City of Livermore (the “City”) is a general law city organized and existing under the Constitution and the law of the State of California.

Under the Mello -Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code (the "Act"), this City Council is authorized to establish a community facilities district and to act as its legislative body.

This City Council previously undertook the following proceedings to establish the City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) (the “CFD”) and a future annexation area for the CFD (the “Future Annexation Area”) pursuant to the Act for the purpose of levying a special tax (the “Special Tax”) to finance certain municipal services (the “Services”) as provided in the Act:
(i) this City Council adopted Resolution No. 2023-092, entitled “A Resolution of Formation of a Community Facilities District and Future Annexation Area” (the “Resolution of Formation), pursuant to which it established the CFD and the Future Annexation Area and authorized the levy of the Special Tax according to the rate and method of apportionment of special tax (the “Rate and Method”) set forth in Exhibit B of the Resolution of Formation and an appropriations limit, subject to an election within the CFD on the propositions of levying the Special Tax and establishing the appropriations limit;
(ii) this City Council caused a map of the proposed boundaries of the CFD and the Future Annexation Area to be recorded in the Alameda County Recorder’s Office on May 17, 2023, in Book 19 of Maps of Assessment and Community Facilities Districts at Pages 41-42, and, in the Resolution of Formation, this City Council approved the boundaries shown in the map as the boundaries of the CFD and the Future Annexation Area; (iii) on July 12, 2023, a special election was held among the landowner voters within the CFD at which such voters approved the levy of the Special Tax in accordance with the Rate and Method and the appropriations limit by the two-thirds vote required by the Act, which approval was confirmed by Resolution No. 2023-094, entitled “A Resolution Declaring Results of 50 RESOLUTION NO. ___________2
Special Landowner Election and Directing Recording of Notice of Special Tax Lien”; and
(iv) on July 26, 2023, this City Council adopted its Ordinance No. 2147, entitled “An Ordinance Levying a Special Tax Within City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services)”, pursuant to which this City Council authorized and levied the Special Tax within the CFD (including any parcel or parcels in the Future Annexation Area that annex into the CFD) pursuant to the Act, at the rate and in accordance with the Rate and Method, as such Rate and Method may be supplemented in connection with annexations of any parcel or parcels in the Future Annexation Area into the CFD.

In the Resolution of Formation, and in accordance with Section 53339.7 of the Act, this City Council resolved that parcels within the Future Annexation Area shall be annexed to the CFD only with the unanimous approval (each, a “Unanimous Approval”) of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings.

Section 53339.8 of the Act provides that upon a determination by the legislative body that the area proposed to be annexed is added to the existing community facilities district, the clerk of the legislative body shall record notice of the annexation pursuant to Section 3117.5 of the Streets and Highways Code.

This City Council has been provided with a Unanimous Approval, which Unanimous Approval is attached hereto as Exhibit A, executed by the owner of certain property in the Future Annexation Area that is identified as Assessor’s Parcel Number 903-0019-001-00 (the “Annexation Property”).

Section 53329.6 of the Act provides that a Unanimous Approval constitutes the vote of the qualified elector in favor of the matters addressed in the Unanimous Approval for purposes of the California Constitution, including, but not limited to, Articles XIII A and XIII C.

In order to comply with Section 53339.8 of the Act, and having determined that the public convenience and necessity require that territory be added to the CFD, this City Council wishes to determine that the Annexation Property is added to the CFD.

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

Section 1. Recitals Correct. The foregoing recitals are true and correct.

Section 2. Determination Regarding the Annexation of the Annexation Property. This City Council hereby determines that, having received an executed 51 RESOLUTION NO. ___________3
Unanimous Approval by the owner of the Annexation Property, the Annexation Property is added to the CFD.

Section 3. Notice of Annexation. This City Council hereby orders and directs the City Clerk to record notice of the annexation pursuant to Section 3117.5 of the California Streets and Highways Code.

Section 4. Map of Annexation. This City Council hereby orders and directs the City Clerk, if necessary, to record a map of the CFD showing the Annexation Property annexed to the CFD, if and to the extent required by the Act, in accordance with Section 3110.5 and Section 3113.5 of the California Streets and Highways Code.

Section 5. Effective Date. This resolution shall take effect upon its adoption by this City Council.

On motion of Council Member ____________, seconded by Council Member _______________, the foregoing resolution was passed and adopted on December 9, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST:

Deborah L. Elam
City Clerk
APPROVED AS TO FORM:
/s/ Molly A. O’Toole
Molly A. O’Toole
Deputy City Attorney
Exhibit A – Unanimous Approval
52 EXHIBIT A

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70 CITY COUNCIL STAFF REPORT
ITEM NO. 5.6

DATE:

December
9, 2024
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution approving the funding agreement between the Tri-Valley Transportation Council and the City of Livermore for the allocation of Tri-Valley Transportation Development Fund (TVTDF) funds in the amount of $5,139,000 for environmental, permitting, right-of-way, and design activities associated with the I-580/Vasco Road
Interchange Modification
1993-52.

RECOMMENDED ACTION

SUMMARY
The I-580/Vasco Road Interchange currently experiences operational deficiencies resulting in significant traffic delays. The interchange also lacks bicycle and pedestrian infrastructures. The I-580/Vasco Road Interchange Modification Project 1993-52 will enhance traffic operations and safety for all modes of travel and accommodate the future Valley Link transit system in the median. The project meets the objectives of the City’s General Plan, Active Transportation Plan, and Complete Streets Policy.

The Tri-Valley Transportation Council (TVTC) has authorized a funding allocation of $5,139,000 to the I- 580/Vasco Road Interchange Project in Fiscal Year 2024-25. A funding agreement is required as part of the funding allocation process. The TVTC approved the funding agreement (Exhibit A to the Resolution) on October 21, 2024. TVTC requests that the City of Livermore approve this funding agreement prior to allocating the funds. These funds will help cover costs associated with environmental studies, permitting, right-of-way acquisition, and design.

DISCUSSION
The I-580/Vasco Road Interchange Modification Project, 1993-52, will improve the Vasco Road/I-580 Interchange, which consists of removal and replacement of the Vasco Road overcrossing with a wider 71 bridge, and reconstruction of the on and off ramp bridge structures, and new traffic signals. In addition, the project will construct new bike lanes and sidewalks over the interchange and accommodate the future Valley Link transit system in the median. The project will improve traffic operational level of service and safety for all modes of travel including motorists, bicyclists, and pedestrians. Attachment 1 shows the project location.

The Project Initiation Document (PID) phase for the project has been completed. The Project Approval & Environmental Document (PA/ED) phase is currently in progress, followed by the Plans, Specifications, and Estimates (PS/E) phase, and right of way acquisitions. Construction is anticipated to commence in 2028. The project scope will be consistent with the City of Livermore General Plan and Livermore Bicycle, Pedestrian, and Trails Active Transportation Plan.

In August 2021, the TVTC unanimously approved the TVTC Nexus Study update. Subsequently, on April 18, 2022, the TVTC unanimously adopted the 2022 Strategic Expenditure Plan (SEP) Update. The SEP includes Project B-4 I-580/Vasco Road Interchange Modification Project. The SEP authorizes an appropriation of $5,139,000 for FY 2024-2025 and $3,426,000 for FY2025-2026 from the Tri-Valley Transportation Development Fund (TVTDF).

The TVTC Technical Advisory Committee (TAC) has determined that there is sufficient funding to allocate the $5,139,000 in TVTDF this fiscal year 2024-25. Given that the City of Livermore is a member of TVTC and a signatory to the Joint Exercise of Powers Agreement pertaining to the TVTDF for traffic mitigation, Livermore is the Project Sponsor. In this capacity, the $5,139,000 funds will be transmitted to the City of Livermore for FY 2024-25.

On October 21, 2024, the TVTC approved the funding allocation to the City of Livermore and the funding agreement (Exhibit A to the Resolution) between the TVTC and the City of Livermore. TVTC requests that the City of Livermore approves this funding agreement prior to allocating the funds.

FISCAL AND ADMINISTRATIVE IMPACTS

The I-580/Vasco Road Interchange Modification Project 1993-52 is included the 2023-2028 Capital Improvement Plan. The FY 2024-25 budget includes this $5,139,000 in funding from TVTC (Fund 321).

The project is also funded with Traffic Impact Fees (Fund 306) and State Street Grants (Fund 680). This TVTC funding of $5,139,000 will reduce some of the current local (Fund 306) funding for the project.

Current funding covers environmental, permitting, right-of-way, and design activities. The City will seek additional grant funding to cover construction once the design is completed

COMMUNITY PILLAR

1: A Safe Community that Thrives

GOAL CATEGORY

10: Work to make a safe and efficient local transportation network and address safety concerns

ATTACHMENTS

1. Project Location
72 2. Resolution

3. Exhibit A - Funding Agreement

Prepared by: Kristina Mai
Associate Civil Engineer

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING THE FUNDING AGREEMENT BETWEEN THE TRI-

VALLEY TRANSPORTATION COUNCIL AND THE CITY OF LIVERMORE FOR THE

ALLOCATION OF TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE FUNDS IN THE AMOUNT OF $5,139,000 FOR THE I-580/VASCO ROAD INTERCHANGE MODIFICATION PROJECT 1993-52
On October 21, 2024, The Tri-Valley Transportation Council (TVTC) approved the Funding Agreement between the Tri-Valley Transportation Council and the City of Livermore (Funding Agreement) for the allocation of Tri-Valley Transportation Development Fee (TVTDF) funds in the amount of $5,139,000 for the I-580/Vasco Road Interchange Modification Project 1993-52.

This project will consist of the removal and replacement of the Vasco Road overcrossing with a wider bridge, and reconstruction of the on and off ramps bridge structure, new traffic signals, and new bike lanes and sidewalks over the interchange.

TVTC is requesting that the City of Livermore approve this Funding Agreement as well.

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

1. Authorizes the City Manager to approve the Funding Agreement, a copy of which is attached as Exhibit A and is incorporated by this reference, between the Tri-Valley Transportation Council and the City of Livermore for the allocation of TVTDF funds in the amount of $5,139,000 for the I-580/Vasco Road Interchange Modification Project 1993-52.

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

On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on December 9, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
75 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Tara Mazzanti_____________ Deborah L. Elam Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Funding Agreement
76 Funding Agreement

FUNDING AGREEMENT BETWEEN THE TRI-VALLEY TRANSPORTATION

COUNCIL AND CITY OF LIVERMORE FOR THE ALLOCATION OF TVTDF FUNDS IN THE AMOUNT OF $5,139,000 FOR THE I-580/VASCO ROAD INTERCHANGE

MODIFICATION PROJECT
(PROJECT B.4)

This AGREEMENT is made and entered into as of , 202 4 by and between the Tri-Valley Transportation Council and the City of Livermore (LIVERMORE), collectively referred to herein as the “Parties.”

RECITALS
A. WHEREAS, LIVERMORE, as one of the members of the Tri-Valley Transportation Council (“TVTC”), is a signatory to the Joint Exercise of Powers Agreement pertaining to the Tri-Valley Transportation Development Fee (“TVTDF”); and
B. WHEREAS, the I-580/Vasco Road Interchange Modification Project (“Project”) is identified on List B of the TVTC Strategic Expenditure Plan (“SEP”) and is programmed for funding in the SEP Funding Plan; and
C. WHEREAS, LIVERMORE is the Project sponsor and requested a TVTDF funding allocation; and
D. WHEREAS, pursuant to Resolution No. 2024-08, TVTC approved the allocation of $5,139,000 of TVTDF funds to LIVERMORE for the Project for FY2024-2025; and
E. WHEREAS, the Parties desire to enter into this Funding Agreement to outline the terms and obligations associated with the allocation of TVTDF funds;

NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS:

SECTION I

TVTC AGREES:

A. To allocate and transmit to LIVERMORE $5,139,000 of TVTDF funds for the Project.

LIVERMORE AGREES:

A. To utilize the TVTDF funds solely for the Project, in accordance with the SEP.

Docusign Envelope ID: D308B542-3195-4731-9F3A-1CDC8442298D 77 Tri-Valley Transportation Council

B. To keep and maintain accurate documentation consistent with Generally Accepted Accounting Principles (GAAP) related to the expenditure of the TVTDF funds allocated for the Project.

C. To make any and all documentation related to the Project’s use of TVTDF funds available to TVTC or its representatives upon request.

D. To promptly notify TVTC of any unspent TVTDF funds after Project completion and promptly return said funds to TVTC.

SECTION II
IT IS MUTUALLY AGREED:

A. Any notice given under this Funding Agreement shall be in writing and shall be deemed given if delivered personally or mailed by registered or certified mail or commercial overnight courier, return receipt or confirmation of delivery requested, or by facsimile transmission with voice confirmation of receipt, the parties at the following addresses (or at such other address for a party as shall be specified by like notice):

If to LIVERMORE:

Mallika Ramachandran, Assistant City Engineer
City of Livermore
1052 S. Livermore Ave.

Livermore, CA 94550
[email protected]

If to TVTC:

Diane J. Friedmann
Attention: TVTC Administrator
Town of Danville
500 La Gonda Way
Danville, CA 94526
[email protected]

SIGNATURES ON THE NEXT PAGE
Docusign Envelope ID: D308B542-3195-4731-9F3A-1CDC8442298D 78 Tri-Valley Transportation Council

CITY OF LIVERMORE
A Municipal Corporation “LIVERMORE”

Marianna Marysheva, City Manager

APPROVED AS TO FORM:

Tara Mazzanti, Assistant City Attorney

ATTEST:

Deborah L. Elam, City Clerk

City Council Resolution No.

TRI-VALLEY TRANSPORTATION

COUNCIL

Renee S. Morgan, Chair

APPROVED AS TO FORM:

Lindsay D’Andrea, TVTC Counsel

ATTEST:

Diane J. Friedmann, TVTC Administrator

Docusign Envelope ID: D308B542-3195-4731-9F3A-1CDC8442298D 79 CITY COUNCIL STAFF REPORT
ITEM NO. 5.7

DATE:

December
9, 2024
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution making findings regarding the continuing need for unexpended balances of Development Impact Fees as of June 30, 2024, and accepting the Annual Report of Development Fee and Connection Fee Revenues and Expenditures for Fiscal Year 2023-24.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution making findings regarding the continuing need for unexpended balances of Development Impact Fees as of June 30, 2024 and accepting the Annual Report of Development Fee and Connection Fee Revenues and Expenditures for Fiscal Year 2023-24.

SUMMARY
California Government Code § 66000-66013 specifies accountability and annual reporting requirements pertaining to development fees. According to statute, the report must be reviewed at a public meeting.

The report must include a description of the fee type in the account; the amount of the fee; beginning and ending balances; fee and interest income; expenditures by improvement, showing the amount funded by the fees; describe loans or transfers, including purpose, interest rate, and term; and any refunds. The report may make findings as necessary as to whether funds are available to construct incomplete improvements.

DISCUSSION
California Government Code § 66000 (adopted as AB1600) discusses developmental fees, what they are and how they are to be used. Developmental fees under AB1600 are not a tax or special assessment but a monetary exaction that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project. Specifically, under California Government Code § 66006, the local agency that receives the fee must deposit it in a separate capital facilities account or fund in a manner to avoid commingling of the fees with other revenues. The fees must then be expended solely for the purpose for which they were collected. For each account established for the fees, the local agency must make available to the public a brief description of the fee within the fund, the amount of the fee along with the 80 beginning and ending balances and the total amount of the fees collected along with the interest earned.

For each public improvement, the amount of expenditures is to be shown as well as the total percentage of the cost of the public improvement that was funded with the fees. If the local agency determines that sufficient funds have been collected to fully finance an incomplete project, an approximate date for commencing should be identified.

Government Code § 66013 requires a financial accounting of the transactions dealing with water and sewer capacity and connection fees and charges (development impact fees) shall be made available to the public and require a description of the charges/fees deposited in the fund, the beginning and ending balance of the fund and any interest earned from investment of moneys in the fund and the amount of charges/fees collected in the fiscal year. This code also requires a local agency to list the public improvements on which charges/fees were expended, the percentage of the total cost of the public improvements that were funded by these charges/fees, the completed public improvements on which charges/fees were expended and each public improvement that is anticipated to be undertaken in the current fiscal year.

The Annual Report of Development Fee and Connection Fee Revenues and Expenditures for the year ended June 30, 2024, identifies the different funds that represent developmental fees.

The fees included in the report are:

Storm Drainage Fees (Fund 221)
Sewer Connection Fees (Fund 241)
Water Storage Fees (Fund 251)
Traffic Impact Fees (Fund 306)
Tri-Valley Transportation Development Fees – TVTC (Fund 321) Housing and Human Services Fee (Fund 333)
Park Fees-LARPD (Fund 337)
Major Attraction Fee (Fund 604)
Recycled Water Fee (Fund 250)
Road Improvement Fee (Fund 604)
Low Income Housing and Housing Impact Fees (Fund 611)

FISCAL AND ADMINISTRATIVE IMPACTS

There is no direct fiscal impact in accepting the Annual Report of Development Fee and Connection Fee Revenues and Expenditures for the year ended June 30, 2024. This report is required by the State of California and has been produced in house.

COMMUNITY PILLAR

5: A City That Works

GOAL

17: Ensure effective use of public resources

ATTACHMENTS
81 1. Resolution

2. Exhibit A - FY 2023-24 City of Livermore AB1600 report

Prepared by: Erik Peterson
Finance Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION MAKING FINDINGS REGARDING THE CONTINUING NEED FOR UNEXPENDED BALANCES OF DEVELOPMENT IMPACT FEES AS OF JUNE 30, 2024, AND ACCEPTING THE ANNUAL REPORT OF DEVELOPMENT FEE AND CONNECTION FEE REVENUES AND EXPENDITURES FOR FISCAL YEAR 2023-24 The Mitigation Fee Act, commonly referred to as AB1600 and codified as California Government Code § 66000 et seq., regulates the imposition, collection, maintenance, expenditure, and reporting of impact fees imposed in connection with approval of a development project for the purpose of defraying costs of public facilities related to that project.

The City of Livermore (“City”) has identified the following nine (9) development impact fees collected from developers that are subject to AB1600’s requirements.

1. Fund 221 – Storm Drainage Fee

2. Fund 306 – Traffic Impact Fee (TIF)

3. Fund 321 – Tri-Valley Transportation Development Fee – City Portion

4. Fund 333 – Housing and Human Services Facility Fee

5. Fund 337 – Park Fee

6. Fund 604 – Major Attraction Fee

7. Fund 250 – Recycled Water Fee

8. Fund 604 – Road Improvement Fee

9. Fund 611 – Low Income Housing and Housing Impact Fee As required by the Mitigation Fee Act, the City has created separate special revenue funds for each type of fee, crediting earned interest to those funds, and spending the accumulated fees and related interest on appropriate expenditures for those facilities.

An annual report for FY 2023-24 reflecting the beginning and ending balances of each separate fund containing development impact fees, the amount of fees collected, the interest earned for the year, the amount of expenditures and refunds made in the year, and a description of the type of fees, is attached hereto as Exhibit A.

The Mitigation Fee Act requires the City to make specific findings every five (5) years with respect to any portion of the fees remaining unexpended or uncommitted after a period of five (5) years after deposit to identify the purpose to which the fee is to be put; to demonstrate a reasonable relationship between the fee and the purpose for which it was charged; to identify all sources and amounts of funding anticipated to complete financing of the incomplete improvement for which the fee is charged; and to designate the approximate dates on which the funding is expected to be deposited for the incomplete improvement.
83 RESOLUTION NO. _______
The City of Livermore (“City”) has identified the following two (2) connection fees:

1. Fund 241 – Sewer Connection Fee

2. Fund 251 – Water Connection Fee
The Government Code imposes similar requirements using portions of the Fee Mitigation Act for sewer connection and water connection fees for public facilities in existence at the time the charge is imposed, or charges for new public facilities to be acquired or constructed in the future. For those connection fees, Government Code section 66013 requires the City to report the following within 180 days after the end of the fiscal year:

1. A description of the charges deposited in the fund;

2. The beginning and ending balance of the fund and the interest earned from investment of moneys in the fund;

3. The amount of charges collected in that fiscal year;

4. Each public improvement on which charges were expended and the amount of the expenditure for each improvement, including the percentage of the total cost of the public improvement that was funded with those charges if more than one source of funding was used;
a. Each public improvement on which charges were expended that was completed during that fiscal year;
b. Each public improvement that is anticipated to be undertaken in the following fiscal year; and

5. A description of each interfund transfer or loan made from the capital facilities fund that identifies the public improvements on which the transferred moneys are, or will be expended, the date on which the loan will be repaid, and the rate of interest that the fund will receive on the loan.

The City desires to make the findings required by law with respect to these unexpended fees.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby makes the following findings for the corresponding fees and their funds:

1. $6,199,359 of the Storm Drain Impact Fund remains unexpended after five years. The purpose for which the fee is to be put is articulated in the Annual Report of Development Fee and Connection Fee Revenues and Expenditures Fiscal Year 2023- 24, attached hereto as Exhibit A, and in the FY 2023-28 5-Year Capital Improvement Plan, on file with the City Clerk and hereby incorporated by reference. The reasonable relationship between the fee and purpose for which the fee is charged is set forth in Livermore Municipal Code Title 13, Chapter 13.44 and Resolution Nos. 2010-177 and 2016-149, along with the administrative record for the adoption of the ordinances codified in the Municipal Code and the resolutions. Sources and amounts of funding anticipated to complete financing on incomplete improvements, as well as approximate dates on 84 RESOLUTION NO. _______
which funding is expected, are set forth in the FY 2023-28 5-Year Capital Improvement Plan.

2. $17,102,772 of the Traffic Impact Fee Fund remains unexpended after five years. The purpose for which the fee is to be put is articulated in the FY 2023-24 Annual Report of Development Fee and Connection Fee Revenue and Expenditure, attached hereto as Exhibit A, and in the FY 2023-28 5-Year Capital Improvement Plan, on file with the City Clerk and hereby incorporated by reference. The reasonable relationship between the fee and purpose for which the fee is charged is set forth in Livermore Municipal Code Title 12, Chapter 12.30, along with the administrative record for the adoption of the ordinances codified in the Municipal Code. Sources and amounts of funding anticipated to complete financing on incomplete improvements, as well as approximate dates on which funding is expected, are set forth in the FY 2023-28 5-Year Capital Improvement Plan.

3. $2,007,267 of the Tri-Valley Transportation Development Fee – City Portion Fund remains unexpended after five years. The purpose for which the fee is to be put is articulated in the FY 2023-24 Annual Report of Development Fee and Connection Fee Revenue and Expenditure, attached hereto as Exhibit A, and in the FY 2023-28 5-Year Capital Improvement Plan, on file with the City Clerk and hereby incorporated by reference. The reasonable relationship between the fee and purpose for which the fee is charged is set forth in Livermore Municipal Code Title 12, Chapter 12.24 and Resolution No. 2014-184, along with the administrative record for the adoption of the ordinances codified in the Municipal Code and the resolution. Sources and amounts of funding anticipated to complete financing on incomplete improvements, as well as approximate dates on which funding is expected, are set forth in the FY 2023-28 5-Year Capital Improvement Plan.

4. $2,731,041 of the Recycled Water Fund remain unexpended after five years. The purpose for which the fee is to be put is articulated in the FY 2023-24 Annual Report of Development Fee and Connection Fee Revenue and Expenditure, attached hereto as Exhibit A, and in the FY 2023-28 5-Year Capital Improvement Plan, on file with the City Clerk and hereby incorporated by reference. The reasonable relationship between the fee and purpose for which the fee is charged is set forth in the South Livermore Valley Specific Plan first adopted in November 1997 and in Resolution No. 98- 175, along with the administrative record for the adoption of those resolutions. Sources and amounts of funding anticipated to complete financing on incomplete improvements, as well as approximate dates on which funding is expected, is set forth in the FY 2023- 28 5-Year Capital Improvement Plan.

5. $299,261 of the Road Improvement Fund remains unexpended after five years. The purpose for which the fee is to be put is articulated in the FY 2023-24 Annual Report of Development Fee and Connection Fee Revenue and Expenditure, attached hereto as Exhibit A, and in the FY 2023-28 5-Year Capital Improvement Plan, on file with the City Clerk and hereby incorporated by reference. The reasonable relationship between the fee and purpose for which the fee is charged is set forth in the South 85 RESOLUTION NO. _______
Livermore Valley Specific Plan first adopted in November 1997 and in Resolution No. 98- 175, along with the administrative record for the adoption of those resolutions. Sources and amounts of funding anticipated to complete financing on incomplete improvements, as well as approximate dates on which funding is expected, are set forth in the FY 2023- 28 5-Year Capital Improvement Plan.

6. $471,793 of the Low-Income Housing Impact Fee Fund remains unexpended after five years. The purpose for which the fee is to be put is articulated in the FY 2023-24 Annual Report of Development Fee and Connection Fee Revenue and Expenditure, attached hereto as Exhibit A. The reasonable relationship between the fee and purpose for which the fee is charged is set forth in Livermore Municipal Code Title 3, Chapter 3.26 and Resolution No. 2000-87, along with the administrative record for the adoption of the ordinances codified in the Municipal Code and the resolution.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that it hereby approves the Annual Report of Development Fee and Connection Fee Revenues and Expenditures Fiscal Year 2023-24, attached hereto as Exhibit A.

On motion of Council Member _______________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on December 9, 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
Debora L. Elam Jason R. Alcala
City Clerk City Attorney
Exhibit A – Annual Report of Development Fee and Connection Fee Revenues and Expenditures Fiscal Year 2023-24
86 Page | 1
City of Livermore
Annual Report of Development Fee and Connection Fee Revenues and Expenditures Fiscal Year 2023-24
The City of Livermore collects certain development fees, also known as impact fees, to be used for necessary public improvements resulting from private development projects. California Government Code §66000 discusses development fees, what they are and how they are to be used. Development fees under AB1600 are not a tax or special assessment, but a monetary exaction that is charged by a local agency to the applicant in connection with the approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project.

Particularly under California Government Code §66006 , for each separate fund the local agency must make available to the public the following information:
●
A brief description of the type of fee within the account or fund. ● The
amount of the fee.
● The
beginning and ending balance of the account or fund.
● T
he amount of the fees collected, and interest earned.
● An identification of each public improvement on which the fees were expended and the amount of expenditures on eac h i
mprovement, including the percentage of the cost of the public improvement that was funded with the fees. ● An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement.

EXHIBIT A
87 City of Livermore AB 1600 Report

Page | 2
● A description of each interfund transfer or loan made from the account o r fund including the public improvement on which the transferred or loaned fees will be expended, and in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan. ● The amount of refunds made due to sufficient funds being collected to complete financing on incomplete public improvements, and the amount of the reallocation of funds made due to administrative costs of refunding unexpended revenues exceeded the amount to be refunded.

California Government Code Section 66001(d) requires the local agency make the following findings every fifth year with respect to that portion of the account remaining unexpended, whether committed or uncommitted:
● Identify the purpose to which the fee is to be put,
● Demonstrate a reasonable relationship between the fee and the purpose for which it is charged, ● Identify all sources and amounts of funding anticipated to complete financing on incomplete improvements, and ● Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.

In any action imposing a fee as a condition of approval of a development project by a local agency, the local agency shall determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility of portion or the public facility attributable to the development on which the fee is imposed.

California Government Code Section 66002 requires local agencies that have developed a fee program to adopt a Capital Improvement Plan (CIP) indicating the approximate location, size, and timing of projects plus an estimate of the costs for all facilities or improvements that are financed by these fees. The CIP budget is updated annually to reflect the current infrastructure, and equipment needs of the City.

EXHIBIT A
88 City of Livermore AB 1600 Report

Page | 3
The City of Livermore has nine development fees that are covered under California Government Code §66000-66008.

1. Fund 221 – Storm Drainage Fee

2. Fund 306 – Traffic Impact Fee (TIF)

3. Fund 321 – Tri-Valley Transportation Development Fee – City Portion

4. Fund 333 – Housing and Human Services Facility Fee

5. Fund 337 – Park and Trail Fee

6. Fund 604 – Major Attraction Fee

7. Fund 250 – Recycled Water Fee

8. Fund 604 – Road Improvement Fee

9. Fund 611 – Low Income Housing and Housing Impact Fee Staff examined each of the funds for the impact fees listed above to determine if any development fees remain unexpended five years or more after receipt and are subject to refund. Unexpended fund balances represent fees collected for respective Council approved projects which will be financed and implemented when financially feasible or practical.

The City of Livermore collects two other impact fees, water connection and sewer connection fees. These two impact fees are treated differently in the California Code. Per California Code §66013(d) the following information regarding connection fees must be made available to the public within 180 days after the end of the fiscal year:
● A description of the charges in the fund,
● The beginning and ending balance of the fund and the interest earned from investment of moneys in the fund, ● The amount of the charges collected in that fiscal year, ● Each public improvement on which charges were expended and the amount of the expenditure of each improvement, including the percentage of the total cost of the public improvement that was funded with those charges if more than one source of funding was used,
● Each public improvement on which charges were expended that was competed during that fiscal year, ● Each public improvement that is anticipated to be undertaken in the following fiscal year,

EXHIBIT A
89 City of Livermore AB 1600 Report

Page | 4
● A description of each interfund transfer or loan made from the account o r fund including the public improvement on which the transferred or loaned fees will be expended, and in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan, and ● The amount of refunds made due to sufficient funds being collected to complete financing on incomplete public improvements, and the amount of the reallocation of funds made due to administrative costs of refunding unexpended revenues exceeded the amount to be refunded.

The City of Livermore has two development fees that are covered under California Government Code §66013(d).

1. Fund 241 – Sewer Connection Fee

2. Fund 251 – Water Connection Fee

EXHIBIT A
90 City of Livermore AB 1600 Report

Page | 5
Fund Descriptions:

Fund Description
221 - Storm Drainage Fee This fee provides capital funds for the improvements of the storm water drainage system to accommodate runoff from new development, the servicing of indebtedness for such purpose and the rei
mbursement of persons installing facilities of excess capacity. 306 - Traffic Impact Fee This fee is used to implement transportation circulation system improvements identified in the City’s Traffic Impact Fee Study.
321 - Tri Valley Transportation Fee This fee provides for the construction of transportation improvement projects necessary to accommodate new development within the Tri-Valley Area. Projects are identified in the Tri-Valley Tr
ansportation Plan. This portion of the fee is set aside for City Projects. 333 - Housing and Human Services The fee is used to develop, create, construct, or otherwise acquire facilities to be used for the delivery of childcare, community care, and senior services. This includes acquisition of real property, buil
dings, facilities, and infrastructure for the development of social and human services facilities; costs associated with the development, design and construction of social and human service facilities, including but not limited to predevelopment and entitlement costs, environmental review costs, and related permits and fees; and administrative costs associated with the social and human service facility fee including, but not limited to, audits, meetings, public hearings, environmental review, and rate studies.
337 - Parks and Trails This fee provides for the implementation of trail and park facilities necessary to accommodate new development. Projects are included in the City’s General Plan, City and LARPD Trails Master Plan, and LAR
PD’s Park Master Plan.
604 - Major Attraction Fee This fee offsets the impact of development on agricultural productivity in the South Livermore Valley Plan area. The Landowner shall ensure that development of the property contributes to the creation of at l
east one major draw or attraction that would increase recognition of the South Livermore Valley as a premium wine producing region.
250 - Recycled Water Fee This fee offsets the impact of development of the property to water supplies by supporting the treatment and use of recycled water in the City.
604 - Road Improvement Fee This fee offsets the costs of roadway improvements benefitting development throughout the South Livermore Specific Plan Area.

EXHIBIT A
91 City of Livermore AB 1600 Report

Page | 6
Fund Descriptions (Continued):

Fund Description
611 - Low Income Housing Impact Fee This fee provides funding for the creation and preservation of affordable housing. This includes land acquisition and construction of new units as well as the acquisition and rehabilitation of existing residential units. In addition, funds are used to provide down payment assistance to first time home buyers and housing support services and rental assistance to persons who are homeless. 241 – Sewer Connection Fee This fee provides for the implementation of the City’s wastewater system, inclusive of the treatment plant, disposal system and collection system trunk lines to handle new development. It includes treatment for wastewater to recycled water as well as to treatment for disposal. Projects are identified in the City’s Wastewater Treatment Plant and Wastewater Collection Systems and Recycled Water Master Plans.
251 – Water Connection Fee This fee provides water storage facilities and connections to the potable or recycled water system of the City. Projects are identified in the City’s Water and Recycled Water Master Plan.

EXHIBIT A
92 City of Livermore AB 1600 Report

Page | 7
Amount of the Fees:

Fund Fee Amount
221 - Storm Drainage Fee $0.54 per square foot of impervious surface. 306 - Traffic Impact Fee Residential Fees are:
$11,869 per single family residence
$5,531 - $9,358 for multi-family residences
$3,642 for senior housing.

Non-residential fees per KSF are
$32,235 for commercial
$20,636 for office
$12,812 for industrial
$6,473 for warehouse
Hotel/motel fees are $9,306 per room.

Downtown multi-family rates are $3,395 - $5,745 per dwelling unit depending on bedroom count.

Downtown Commercial fees per KSF are $14,595
Other fees per average peak hour trip are $14,883
321 - Tri Valley Transportation Fee Residential Fees are:
$5,057 per single family residence
$3,484 for multiple units
Non-residential fees per KSF are
$3,740 for retail
$8,590 for office
$5,000 for industrial
Fees for other categories were $5,620 per average am/pm peak hour trip.

The portion used for City projects is 20%.

EXHIBIT A
93 City of Livermore AB 1600 Report

Page | 8
Amount of the Fees (continued):

Fund Fee Amount
333 - Housing and Human Services Residential fees are:
$1,677 per single family detached residence
$1,415 per
single family attached residence
$1,298 for multi-family residences
$996 for Mobile Homes and Secondary Units
Non-residential fees per KSF are
$7 for commercial office
$5 commercial retail and service
Industrial Office, Manufacturer, Warehousing, and Construction are charged $6, $3, $2 and $3 respectively.

Other non-residential fees are $5 per KSF.
337 - Parks and Trails Residential Fees are:
$25,065 per single-family residence
$13,288 -
$21,809 for multifamily residences
Senior housing is $4,265 per unit
Non-residential fees per KSF are:
$1,587 for warehouse
$2,113 for industrial
$3,178 for commercial
$4,544 for office
604 - Major Attraction Fee $1,562 per residential unit developed 250 - Recycled Water Fee The recycled water fee is 20% of the current Alameda County Water Connection fee. $6,906 for a 5/8” meter
$10,359 f
or a ¾” meter
$17,265 for a 1” meter
$34,530 to $110,496 (depending on meter type) for 1 ½” meter $34,530 to $138,120 (depending on meter type) for a 2” meter. 604 - Road Improvement Fee $13,229 per residential unit developed within the South Livermore Valley Specific Plan Area.

EXHIBIT A
94 City of Livermore AB 1600 Report

Page | 9
Amount of the Fees (continued):

Fund Fee Amount
611 - Low Income Housing Impact Fee $39.94/SF for all residential housing developments 10 units or less. Projects more than 10 units are subject to must-build requirement of ordinance.

Commercial fees are based per KSF:
$1,935 for Retail Commercial
$1,457 for Discount/Service Retail
$1,243 for office
Lodging fees were $949 per room
Industrial fees per KSF are:
$597 for manufacturing
$173 for warehouse
$1,234 for a business park
$612 for Industrial high intensity
$387 for Industrial low intensity.
241 – Sewer Connection Fee Residential fees are:
$7,966.31 per single family residence
$4,204.44 to $7,966.31 for multiple family residences
For industrial, commercial, or restaurant uses, the rate ranges from $0.44 - $35.87 per square foot of building depending upon classification of the building. 251 – Water Connection Fee $5,340 for a 5/8” meter
$8,009 for a ¾” meter
$13,349 for a 1” meter
$26,698 for 1 ½” meter
$42,717 for a 2” meter.

EXHIBIT A
95 City of Livermore AB 1600 Report

Page | 10

Schedule of Working Capital B alances and Activities:

Storm
Drainage Fee
(F221)
Traffic Impact
Fee
(F306)
Tri-Valley
Transportation
Development
Fee
(F321)
Housing
and Human
Services
Facility Fee
(F333)
Park
and Trail
Fee
(F337)
Recycled
Water Fee
(F250) *
Road
Improvement
Fee
(F604)
Low Income
Housing
Impact Fee
(F611)
Sewer
Connection
Fee
(F241)
Water
Connection
Fee
(F251)
Beginning Balance 7-1-2023 7,019,477$ 23,152,972$ 2,914,696$ 436,077$ 3,579,551$ 2,731,041$ 299,261$ 5,168,353$ 10,483,931$ 273,165$ Revenues and Other Sources
Developer Fees 296,152 971,971 74,748 113,266 1,307,377 - - 4,803,807 980,656 213,076 Miscellaneous Revenue - 156,610 - - - - - 599,698 - - Interest Income 306,365 1,021,847 140,780 - 158,155 - - 531,444 583,907 37,639 Transfers In - - - - - - - - - - Total Sources: 602,517 2,150,428 215,528 113,266 1,465,532 - - 5,934,949 1,564,563 250,715 Expenditures and Other Uses
Projects 235,978 920,858 - - 439,160 - - - 4,877,126 348,869 Operating Expenses - 38,668 - - 9,722 - - 1,763,792 25,293 13,818 Transfers Out - 64,677 - - - - - 257,012 1,056,357 241,283 Total Uses: 235,978 1,024,203 - - 448,882 - - 2,020,804 5,958,776 603,970 Ending Balance 6-30-2024 7,386,016$ 24,279,196$ 3,130,224$ 549,342$ 4,596,202$ 2,731,041$ 299,261$ 9,082,497$ 6,089,717$ (80,090)$ * Recycled water fee balance resides in Fund 250
Note: Fund 604 - Major Attraction Fee not shown because it has a zero balance.

EXHIBIT A
96 City of Livermore AB 1600 Report

Page | 11
Schedule of Five-Year Revenue:

Five-Year Revenue Test Using First In First Out Method:

Working Capital Balance more than five-year revenue total is cause for a finding as described on the following page.

Storm
Drainage Fee
(F221)

Traffic Impact
Fee
(F306)

Tri-Valley
Transportation
Devel
opment
Fee
(F321)
Housing
and Human
Serv
ices
Facility Fee
(F333)
Park
and Trail
Fee
(F
337)
Recycled
Water Fee
(F250)

Road
Improvement
Fee
(F
604)
Low Income
Housing
Impac
t Fee
(F611)
FY 2019-20 Revenue $440,109 $3,543,182 $743,782 $411,856 $4,129,344 - - $659,912 FY 2020-21 Revenue 156,414 521,291 148,945 108,287 1,051,719 - - 159,935 FY 2021-22 Revenue 119,944 878,009 43,248 18,896 289,438 - - 1,195,114 FY 2022-23 Revenue 174,038 1,261,971 112,234 59,572 721,175 - - 1,791,936 FY 2023-24 Revenue 296,152 971,971 74,748 113,266 1,307,377 - - 4,803,807 Total Revenue: 1,186,657$ 7,176,424$ 1,122,957$ 711,876$ 7,499,053$ -$ -$ 8,610,704$ Note: Fund 604 - Major Attraction Fee not shown because it has a zero balance and no revenues have been collected.

Five year Revenue total 1,186,657 7,176,424 1,122,957 711,876 7,499,053 - - 8,610,704 Working Capital Balance
Unexpended/(Expended) 6,199,359$ 17,102,772$ 2,007,267$ (162,534)$ (2,902,852)$ 2,731,041$ 299,261$ 471,793$ Five Year Spend Test:

Pass (P) or Not Pass (NP) NP - See
Footnote 1
NP - See
Footnote 2
NP - See
Footnote 3
P - See
Footnote 4
P - See
Footnote 5
NP - See
Footnote 6
NP - See
Footnote 7
NP - See
Footnote 8

EXHIBIT A
97 City of Livermore AB 1600 Report

Page | 12
Five-Year Revenue Test Findings:

Footnote # Fund 5-Year Test Result
1 221 - Storm Drainage Fee This fund includes balances held beyond five years as described in AB1600. These funds are intended for 2024 Storm Drain Trash Capture Project 202425, 2026 Storm Drain Trash Capture Project 202625, Arroyo Las Positas at Heather Lane Bridge 202414, and Storm Drain Master Plan Projects Project 202711. More details on these projects is available in the City's FY 2023-28 5-year Capital Improvement Plan.
2 306 - Traffic Impact Fee This fund includes balances held beyond five years as described in AB1600. These funds are intended for the North Canyons Pkwy/Dublin Blvd Connection, project 200259 and the Vasco Rd / I-580 interchange, project 199352. More detail on these projects is available in the City's FY 2023-28 5-year Capital Improvement Plan.
3 321 - Tri-Valley Transportation
Development Fee
This fund includes balances held beyond five years as described in AB1600. These funds are currently intended for the Vasco Road Interchange, project 1993-52, and the Isabel Interchange, project 1992-38, More detail on these projects is available in the City's FY 2023-28 5-year Capital Improvement Plan. 4 333 - Housing and Human
Services
Five year spent test met in accordance with Government Code 66001. 5 337 - Parks and Trails Five year spent test met in accordance with Government Code 66001. 6 250 - Recycled Water Fee This fund includes balances held beyond five years as described in AB1600. These funds are intended for WRP UV Treatment System Replacement Project 202128. More detail on this project is available in the City's FY 2023-28 5-year Capital Improvement Plan.
7 604 - Road Improvement
Fee
This fund includes balances held beyond five years as described in AB1600. These funds will be used for the Foley Road Realignment project, project number 201028 through its completion. More detail on this project is available in the City's FY 2023-28 5-year Capital Improvement Plan. 8 611 - Low Income Housing
Impact Fee
This fund includes balances held beyond five years as described in AB1600. These available funds are intended to be allocated to the development of the Pacific Avenue Senior project.

EXHIBIT A
98 City of Livermore AB 1600 Report

Page | 13
Project listing:

Fund Project
Percentage of
Project
Expendi
tures
Total FY 2023-24
Project Cost
221 - Storm Drainage Fee 202112 - Storm Drain Trash Capture Device 52.73% 124,432 202425 - Storm Drain Trash Capture 47.27% 111,545
Total Fund 221 Expenses: $235,978
306 - Traffic Impact Fee 199238 - Isabel Rt84/I580 Interchange 53.99% $497,211 199352 - I580 Interchange @ Vasco Rd 8.23% 75,795
200259 - N Canyon Dublin Blvd Connection 2.14% 19,671
200720 - El Charro Infrastructure 0.21% 1,971
201028 - Foley Rd Realignment 0.84% 7,713
201837 - Vasco Rd Widening 12.86% 118,462
202326 - Potola & Sedona Signal Improvements 21.72% 200,034 Total Fund 306 Expenses: $920,858
321 - Tri Valley Transportation Fee No projects N/A -
333 - Housing and Human Services No projects N/A -
337 - Park and Trails 200646 - LARPD Park Facility Fee Reimbursement 85.49% 375,433 201436 - Livermorium Park -32.76% (143,848)
201945 - Las Colinas Trail T-6 E-1 0.24% 1,069
202121 - Veteran's Park 6.00% 26,363
202319 - Springtown Open Space Improvements 41.02% 180,142 Total Fund 337 Expenses: $439,160
604 - Major Attraction Fee No projects N/A -
250 - Recycled Water Fee No projects N/A -
604 - Road Improvement Fee No projects N/A -
611 - Low Income Housing No projects N/A -

EXHIBIT A
99 City of Livermore AB 1600 Report

Page | 14
Project Listing (Continued):

Fund Project
Percentage of
Project
Ex
penditures
Total FY 2023-24
Project Cost
241 - Sewer Connection Fee 201931 - WRP Primary Secondary Treatment Improv. * 91.88% 4, 481,096 201960 - Trevarno Infrastructure 3.55% 173,243
202003 - Annual Sewer Replacement 2021 * 1.31% 63,749
202128 - WRP UV Treatment System Replacement * 1.46% 71,266 202129 - WRP SCADA Server & Network Upgrade * 1.80% 87,772 Total Fund 241 Expenses: 4,877,126
251 - Water Connection Fee 201960 - Trevarno Infrastructure 100.00% $348,869 Total Fund 251 Expenses: $348,869
* Note: These four projects are continuing into Fiscal Year 2024-25.

EXHIBIT A
100

City of Livermore AB 1600 Report

Page | 15
Descriptions of Transfers:

Fund Transfer Descriptions
221 - Storm Drainage Fee No transfers occurred in FY 2023-24 306 - Traffic Impact Fee Transfers out were to cover the overhead cost of administering the program. The amount is based on the Cost Allocation Plan.
321 - Tri Valley Transportation Fee No transfers occurred in FY 2023-24 333 - Housing and Human Services No transfers occurred in FY 2023-24 337 - Parks and Trails No transfers occurred in FY 2023-24 604 - Major Attraction Fee No transfers occurred in FY 2023-24 250 - Recycled Water Fee No transfers occurred in FY 2023-24 604 - Road Improvement Fee No transfers occurred in FY 2023-24 611 - Low Income Housing Impact Fee
Transfers out were to pay for City's Housing staff who are charged to the City's General Fund.

Our new ERP system will have the employees direct charged to the housing fund moving for
ward.
241 – Sewer Connection Fee Transfers out were to pay Livermore's share of the debt service for the Livermore Amador Valley Water Management Agency (LAVWMA) pipeline.
251 – Water Connection Fee Transfers out were for debt service for 2020 Certificates of Participation.

EXHIBIT A
101

City of Livermore AB 1600 Report

Page | 16
Amount of Refunds made:

Fund Refund Amount
221 - Storm Drainage Fee No refunds issued in FY 2023-24 306 - Traffic Impact Fee No refunds issued in FY 2023-24 321 - Tri Valley Transportation Fee No refunds issued in FY 2023-24 333 - Housing and Human Services No refunds issued in FY 2023-24 337 - Parks and Trails No refunds issued in FY 2023-24
604 - Major Attraction Fee No refunds issued in FY 2023-24 250 - Recycled Water Fee No refunds issued in FY 2023-24 604 - Road Improvement Fee No refunds issued in FY 2023-24 611 - Low Income Housing Impact Fee No refunds issued in FY 2023-24 241 – Sewer Connection Fee No refunds issued in FY 2023-24 251 – Water Connection Fee No refunds issued in FY 2023-24

EXHIBIT A
102

CITY COUNCIL STAFF REPORT
ITEM NO. 5.8

DATE:

December
9, 2024
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution accepting the recommendation of the Altamont Landfill Open Space Committee to authorize the City's grant request, finding the acquisitions of the Quint Property is categorically exempt from CEQA, authorizing the City Manager to enter into Purchase and Sale Agreements for open space land, and appropriate funds for the acquisition of the Quint Property (41 acres - APNs: 99B-5300-2-13, 99B-5450-10-3).

RECOMMENDED ACTION

Staff recommends the City Council adopt separate resolutions to:
1 .

Authorize the City Manager to enter into Purchase and Sale Agreements and execute all documents necessary to acquire the Quint Property; and
4 .

Appropriate funds from the Dougherty Valley Settlement Agreement Account (LEAP Fund 912) in the amount of $1,130,000 to acquire the Quint Property.

SUMMARY
The City is proposing to purchase in fee title of the Quint Property (hereinafter referred to as “the Property”) for open space preservation and conservation. The Property has significant biological, scenic, and recreational value. The Property is located within the City boundary and is strategically positioned to preserve an open space buffer around Livermore and the City’s General Plan and Active Transportation Plan objectives. The total cost to purchase the 41-acre Property including transaction costs is $1,630,000.

103
The City actively engages in acquiring land for open space preservation and conservation using a variety of dedicated open space acquisition funding sources. Staff engages with willing property sellers on the open market to purchase land and secure it as open space in perpetuity. The City coordinates the acquisitions with partner agencies such as Tri-Valley Conservancy to establish conservation easements and long-term stewardship of the land. In August of 2024, the City Council authorized staff to enter negotiations with three separate property owners to acquire the three properties for open space and conservation purposes. Staff has negotiated purchase and sale agreements with the Quint Property owners. Staff is in the process of negotiating and finalizing separate purchase and sale agreements for the Collier Canyon Property and the Goecken Road Property which will be presented to the City Council at a later date.

On November 15, 2024, the Altamont Landfill Open Space Committee approved the City of Livermore's sponsored grant applications for the Quint Property. On November 19, 2024, the Planning Commission
adopted a resolution approving a Consistency Determination finding the City’s proposed acquisition of the Quint Property to be consistent with Livermore’s 2003 General Plan. The City Council is responsible for accepting the recommendation of the Altamont Landfill Open Space Committee to authorize the City of Livermore's grant requests, authorizing the City Manager to execute the Purchase and Sale Agreement and appropriate funds to purchase real property.

DISCUSSION
The City of Livermore (“City”) has acquired or helped to acquire and permanently protect over 1,200 acres of open space land. Currently, the City owns nearly 340 acres of land in Doolan Canyon and approximately 300 acres of alkali wetlands, and sensitive habitat in Springtown. In July of 2024, the City Council authorized staff to acquire the Hartford Hills Property (82-acres) and the Greenville Road Property (125-acres) for Open Space Preservation. The City protects open space land to achieve strategic goals, including:

• Maintain and enhance biological diversity
• Secure land for agricultural conservation
• Support climate resilience and mitigation programs • Provide non-motorized recreational opportunities
• Preserve scenic value; and
• Manage watershed and address flood control

Following acquisition of open space land, a crucial step is stewarding the land and ensuring it is properly managed for its conservation values. City staff accomplishes this step by encumbering the land with a conservation easement (held by Tri-Valley Conservancy for example) and establishing a non-wasting endowment to fund management of the land in perpetuity.

Funding for the proposed land acquisitions would come from the Altamont Landfill Settlement Agreement Open Space Fund, Vasco Road Landfill Open Space Fund, Dougherty Valley Settlement Agreement, and the City’s Transferrable Development Credit Funds.

Altamont Landfill Settlement Agreement Open Space Fund

In 1999, Alameda County, the Cities of Livermore and Pleasanton, Sierra Club, Northern California Recycling Association, Altamont Landowners Against Rural Mismanagement, and Waste Management 104
of Alameda County entered into the Altamont Landfill Settlement Agreement to resolve litigation. The Settlement Agreement resolved a challenge to the proposed expansion of the Altamont Landfill and created the Altamont Landfill Settlement Agreement Open Space Fund. Specifically, the Settlement Agreement limits landfill expansion and waste imports and requires the operator to collect a $0.75 per ton fee for open space acquisition.

Vasco Road Landfill Open Space Fund

On May 4, 2006, the Alameda County Board of Supervisors upheld a County Planning Commission approval of an amended Conditional Use Permit allowing continued landfill and recycling activities at the Vasco Road Landfill. Consistent with the language in the Altamont Settlement Agreement, the approval requires the Vasco Road Landfill operator (Republic Services, Inc.) to collect the same per-ton fees as the Altamont Landfill operator (Waste Management of Alameda County, Inc.). The Vasco Road Landfill Conditions of Approval require the collection and expenditures of fees to be identical to the Altamont Landfill Settlement Agreement.

Altamont Landfill Open Space Committee

The Altamont Landfill Open Space Committee (“Open Space Committee”) reviews potential land acquisitions for consistency with both Settlement Agreements and recommends expenditures of funds (from the two landfill funds described above) used solely for purchase of properties in Alameda County to protect natural resources, biodiversity, scenic value, and recreational opportunities. The Committee reviews grant applications to permanently preserve open space through fee acquisition and easements.

The Committee is comprised of four members: one member appointed by the Board of Supervisors, one member appointed by the Livermore City Council, one member appointed by the Pleasanton City Council and one member appointed by the Sierra Club. A representative of the City of Dublin may participate as a non-voting member.

Rotating Livermore City Council members provide representation on the Committee.

Vice Mayor Carling
is the current Livermore representative
. The Open Space Committee reviewed the recommended
property acquisition on
November 15, 2024
(see discussion below). To date, the City Council has
approved the Open Space Committee’s recommendations to distribute funds for 14 acquisiti
ons in the
eastern acquisition priority area, as summarized in
Attachment 1: Table 1.

Dougherty Valley Settlement Agreement (Dougherty Agreement)

In November 1999, Citizens for Balanced Growth, the City of Livermore, and Zone 7 Water Agency settled litigation over water supply to portions of Contra Costa County. The Agreement to Settle Water Litigation (Dougherty Agreement), required Windemere and/or its successors to pay the City of Livermore $1,000 per residential unit as an open space conservation fee. The fee was subject to an annual CPI adjustment and averaged approximately $1,056 per residential unit over the 10-year buildout.

All 5,170 units are built, and the Dougherty Valley project areas have been annexed into the City of San Ramon.

The Dougherty Agreement funds are for acquisitions from willing sellers of permanent easements or fee title for conservation or agricultural preservation purposes. Priorities for funding are for acquisitions, including permanent trails, open space, or agricultural preservation easements from willing sellers in 105
areas north of I-580 and east of Collier Canyon Road within Alameda County.

STAFF ANALYSIS

The Quint Property is located within City limits. The Property has a General Plan designation of Urban Low Residential (UL-1). The UL-1 designation is designated for areas that may be either rural in character or may be developed at a higher density with clustering of development. If acquired, the City would own and manage the Property as permanently preserved open space.

Staff proposes the City
acquire the Quint Property in-fee title.

Preserving the Property would preclude future development, since this property is eligible for city services such as sewer and water. Acquiring the Property for permanent open space would stabilize the land use and allow permanent preservation through long-term management agreements with the City’s partner agencies.

Consistent with the City Council’s prior direction, City staff has negotiated a purchase agreement with the property owner's representative for the Property. On November 19, 2024, the Planning Commission adopted a resolution finding the Property acquisition to be consistent with General Plan Policies for open space and conservation purposes (see General Plan Consistency discussion below). The City Council is responsible for authorizing the purchase and identifying funding sources and appropriating funds. Staff recommends the Council authorize the City Manager to execute the Purchase and Sale Agreement and all other documents necessary to acquire the Property.

Altamont Landfill Open Space Committee Funding Approval

On November 15, 2024, the Altamont Landfill Open Space Committee (Open Space Committee) approved a grant application for the Quint Property. The grant funds will be combined with City open space funds to acquire the Quint Property. Staff has negotiated a purchase and sale agreement for the Quint Property. The total purchase price for the Property is $1,600,000. The approved grant amount from the Open Space Committee is listed below.

Quint Property - $500,000

According to the Altamont Landfill Settlement Agreement, the Livermore City Council and the Alameda County Board of Supervisors shall take affirmative action on Committee expenditure recommendations.

The actions must be in conformance with the Settlement Agreement provisions and must align with Livermore General Plan policy.

The Settlement Agreement's first priority is for the preservation of native biological diversity and/or wildlife habitat. The second priority is for the acquisition of property with significant value for visual character and/or non-motorized recreation. Additional criteria developed and utilized by the Open Space Committee includes Strategic Value in Land Protection, Additional Funding Sources, and Willing Sellers.

The Quint Property acquisition is consistent with the priority criteria.

Staff recommends the City Council confirm that the Committee’s expenditure recommendation is consistent with the Altamont Landfill Settlement Agreement and the Livermore General Plan for the Quint Property.

106
Citizens for Balance Growth - Use of Dougherty Valley Settlement Agreement Funds for Purchase of Quint Property

Section 6(d)(i) of the Dougherty Valley Settlement Agreement contains the following clause related to the expenditure of funds from the settlement:

“City staff will meet and confer with [Citizens for Balanced Growth] prior to formulating its recommendations for acquisitions.”

Consistent with the Dougherty Settlement Agreement, City staff made multiple attempts in September and October of 2024 to meet-and-confer with Citizens for Balanced Growth (CBG) concerning the recommended expenditure of settlement funds to acquire the Quint Property for conservation and habitat preservation. CBG has not met with City staff. Additionally, CBG has declined to meet with staff in December of 2023 and January, February, and March of 2024, to meet-and-confer on different property transactions. Based on limited communication and unwillingness to set a meeting date, consistent with the Dougherty Valley Agreement, staff has concluded that CBG does not support the expenditure of Dougherty Valley settlement funds for the Quint Property listed in this staff report.

The total purchase price to acquire the Property is $1,600,000. Staff recommends the City Council appropriate funds from the Dougherty Valley Settlement Agreement account for the total amount of $1,130,000
of which $30,000 will be allocated for close of escrow costs. The Open Space Committee approved the City's grant request for $500,000 to acquire the Property.

Quint Property

The approximately 41-acre Property includes two parcels (APNs: 99B-5300-2-13 and 99B-5450-10-3) located in northeast Livermore, east of N. Vasco Road, west of Laughlin Road and the Bluffs Residential Neighborhood. The property contains seasonal wetlands and annual grasslands. The seasonal wetlands include pools and swales distributed evenly throughout the site. Two seasonal streams occur in the northwestern corner of the site that measure seven and five feet in width. The Property is within the Brushy Peak drainage area that flows into the Garaventa Wetlands Preserve (owned and managed by LARPD) and eventually flows over to the Springtown Preserve. The majority of the site is an alluvial plain that gently slopes northeast to southwest.

The Open Space Committee utilizes the University of California Agriculture and Natural Resources mapping database to rank properties based on significant biological value, visual/ scenic qualities and non-motorized recreational value. The mapping database has scoring system between 0 and 1 (1 being the highest). The mapping database gives the Quint Property the highest rating of (1) for Recreation and Red Legged Frog along with ratings of (.91) for Fairy Shrimp and (.84) for Critical Linkage. Habitat and species maps from the California Natural Diversity Database indicate the property may contain critical habitat and potential upland habitat for the California red-legged frog. According to the East Alameda County Conservation Strategy, the property is in Conservation Zone (CZ) 4. This Conservation Zone contains area’s designated critical habitat for vernal pool fairy shrimp and Springtown Alkali Sink which is located in this Conservation Zone and present on the site.

The property is located adjacent to the Garaventa Wetlands Preserve, which is owned and maintained by LARPD and offers possible opportunities for connectivity and expansion. City and LARPD staff will 107
explore the possibility of expansion of this public facility pending LARPD Board authorization. The subject property is located within City limits. Acquiring the property for permanent open space would stabilize the property’s land use. The property owner is a willing seller. In August, 2024, the City Council authorized staff to enter into negotiations with the property owner to acquire the property in-fee title. The property owner and City staff have negotiated a purchase price and are finalizing a purchase and sale agreement.

The Property will be owned and managed as permanent open space by the City of Livermore. Staff will continue to coordinate with LARPD and Tri-Valley Conservancy to help facilitate biological and recreational enhancements to the property through a conservation easement.

General Plan Consistency

Government Code Section 65402(a) requires that if a General Plan has been adopted, no real property shall be acquired by dedication or otherwise for public purposes until the location, purpose, and extent of such acquisition has been reported upon by the planning agency as to conformity with its adopted General Plan.

On November 19, 2024, i
n accordance with Government Section 65402(a), the Livermore Planning Commission adopted a resolution, making the necessary findings, and determined the City’s acquisition of the Quint Property is in conformance with Livermore’s 2003 General Plan and implements the General Plan goals, objectives, policies, and strategies outlined in the resolutions
(see Planning
Commission Resolution contained in Attachment 6).

ENVIRONMENTAL DETERMINATION

The allocation of funds for the acquisition of real property is not considered a “project” under California Environmental Quality Act and CEQA Guidelines Section 15378. A project is defined as: the whole of an action, which has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Allocating funds would not approve a physical development project, would not physically change the environment, and would help to preserve natural habitat. Therefore, no environmental review is required for the funding allocations.

The Quint Property acquisition is categorically exempt from CEQA in accordance with CEQA Guidelines Section 15313, which exempts acquisitions of lands where the purpose of the acquisition is to preserve the land in its natural condition.

FISCAL AND ADMINISTRATIVE IMPACTS

The initial cost of the property acquisition would have no impact on the City’s General Fund. The purchase price plus the transaction costs will be paid by the dedicated open space funding sources described above and summarized below. The acquisitions will have the following effects on the funding sources used in the acquisitions:

The Altamont Landfill Settlement Open Space Fund for East Acquisition Priority Area expenditures would be reduced by $500,000, which would go towards the acquisition of the Quint Property.

These expenditures would reduce the fund from its current balance of approximately $20,381,924 to $19,881,924.

The Dougherty Valley Settlement Agreement Account (LEAP Fund 912) would be reduced by $1,130,000 to acquire the Quint Property, reducing the fund from its current balance of 108
approximately $4,145,514 to $3,015,514.

As the landowner, the City would be responsible for stewarding the land, ensuring it is properly managed for its conservation values, and incurring typical property management costs. The City’s Open Space Conservation Program achieves this in a variety of ways.

Firstly, staff anticipates using best practices to minimize maintenance costs through grazing agreements with ranchers, similar to other open space properties the City owns. In addition, City staff will work with its open space consultants and land conservancy partners (e.g. Tri-Valley Conservancy) to establish permanent conservation easements and restore and enhance habitat on these properties through the sale of mitigation values. The sale of mitigation values results in a permanent conversation easement, long term management planning, and provides dedicated funding to cover the long-term maintenance costs through a non-wasting endowment. Any future conservation easement sale would return to Council for authorization.

The annual maintenance costs can vary depending on the particular property attributes. On average, the City can anticipate an approximate range of between $10,000 to $15,000 per year for maintenance. As noted above, these costs can be offset or eliminated if the City is able to identify mitigation value and sell mitigation credits on the properties. Council created the Open Space Mitigation Revenue Fund (LEAP Fund 300) to cover ongoing maintenance costs on open space land. This fund is a special account generated from revenues received from the sale of mitigation values on City owned property. Funds are restricted to open space management and for open space acquisitions.

COMMUNITY PILLAR

3: Environmental Stewardship

GOAL

1: Lead Efforts to Implement the Updated Climate Action Plan in Collaboration with Internal and External Partners

ATTACHMENTS

1. Financial Analysis

2. Location Map - Quint Property

3. Concurrence of Funds Resolution - Quint Property

4. Resolution - Quint Property CEQA

5. Resolution - Quint Property Authorizing City Manager

6. Exhibit A - Planning Commission Resolution

7. Exhibit B - Quint Property Purchase and Sale Agreement

8. Resolution - Quint Property Acquisition Funding

Prepared by: Kam Purewal
Associate Planner

109

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
110
Table 1: Approved Acquisitions in the eastern acquisition priority area City Council
Date
Grant
Amount
Acres Acquisition Entity Location
February 25,
2008
$200,000 80 East Bay Regional
Park District
Adjacent to Del Valle
Regional Park
(Newbury Property)
July 13, 2009 $1,040,465 107 City of Livermore Doolan Road adjacent to UGB and City
Boundary
September 27,
2010
$300,000 74 Tri-Valley
Conservancy
Bobba Property off
Arroyo Road near the
Veteran’s Hospital
October 25,
2010
$2,000,000 633 East Bay Regional
Park District
Doolan Ranch
June 27, 2011 $1,000,000 65 East Bay Regional
Park District
Farber Property
October 28,
2013
$420,000 81 City of Livermore Doolan Road north of
City-owned properties
December 9,
2013
$500,000 79 East Bay Regional
Park District
Eddie’s Flat between
Vasco and Lauglin
Road
October 27,
2017
$132,200 2 East Bay Regional
Park District
Gosselin Staging Area
and Trail Easement
into Doolan Canyon
Preserve
December 10,
2018
$1,000,000 137 City of Livermore Doolan Road adjacent
to Dublin and in
proximity to Doolan
Ranch
January 29,
2019
$500,000 0 Tri-Valley
Conservancy
Shadow Cliffs to Del
Valle Trail Bridge
November 27,
2023
$145,810 0 California Rangeland
Trust
DC Ranch
Conservation
Easement
March 15, 2024 $980,000 82 City of Livermore Hartford Hills Property March 15, 2024 $1,284,000 125 City of Livermore Greenville Road Property
ATTACHMENT 1
111
October 28,
2024
$56,000 0 Alameda County
Resources
Conservation District
Alameda County
Total $9,558,475 1,465
Table 2 – Quint Property ALOSC Grant Request
ATTACHMENT 1
($38,740 per acre)
112
City of Livermore
This map is based on City of Livermore GIS
Information and reflects the most current information
at the time of this printing. The map is intended for
reference purposes only and the City and its staff is
not responsible for errors.
16,000Livermore IT, GIS Services
2,666.7
1:NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 1,333.33 Feet2,666.70
11/5/2024
10:51:08 AM
Prepared:

Notes:

Scale:

Subject
Property
Quint Property
41-acres
ATTACHMENT 2
Garaventa
Wetlands
Preserve
113
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 IN THE AMOUNT OF $500,000 FOR THE PURCHASE OF THE QUINT PROPERTY (41-ACRES) IN EASTERN ALAMEDA COUNTY (APNs: 99B-5300-2-13, 99B-5450-10-3)
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, 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.
114
RESOLUTION NO.

On November 15, 2024, the Open Space Committee considered the City of Livermore's request for a grant in the amount of $500,000 to acquire the Quint Property (41 acres – APNs 99B-5300-2-13 and 99B-5450-10-3).

The Quint Property is located within the eastern acquisition priority area. The Open Space Committee recommended expending $500,000 (30% of the acquisition cost) from the Open Space fund for a grant to the City of Livermore for acquisition 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.

The Open Space Committee’s recommended expenditure of Open Space Account funds, and their expenditure for the acquisition of the Quint Property, is not a project under the California Environmental Quality Act (CEQA) Guidelines section 15378, 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.

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 finds the Open Space Committee’s recommendation for the expenditure of $500,000 of Altamont Open Space Funds to fund the grant request by the City of Livermore to purchase and manage the Quint Property is consistent with the Livermore General Plan and the priorities set by the Settlement Agreement and the Open Space Committee.

On motion of Council Member ________________, seconded by Council Member _________________, the foregoing resolution was passed and adopted on December 9, 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
City Clerk City Attorney
115
RESOLUTION NO.

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION FINDING THAT THE ACQUISITON OF THE QUINT PROPERTY (41 ACRES – APNs: 99B-5300-2-13, 99B-5450-10-3) IS EXEMPT FROM THE

PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
In August 2024, the City Council authorized staff to enter negotiations with the property owner to acquire the Quint Property in fee title for open space and conservation purposes. The property is located within the city limits.

On November 15, 2024, the Altamont Landfill Open Space Committee approved the City of Livermore’s grant applications for the acquisition of the Quint Property.

On November 19, 2024, in accordance with Government Section 65402(a), the Livermore Planning Commission adopted a resolution and determined the City’s acquisition of the Quint Property is in conformance with Livermore’s 2003 General Plan and implements the General Plan goals, objectives, policies, and strategies outlined below.

On December 9, 2024, the City Council considered the Project, Planning Commission and staff recommendations, and all public comments and testimony, and findings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that prior to taking action on the Project, the City Council reviewed written and oral staff reports 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 Resolution by reference.

BE IT FURTHER RESOLVEDbythe City Council of the City of Livermore that based upon the City Council's own independent review of the Record Evidence and considerations, the City Council hereby finds that the Project is categorically exempt under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15313, which exempts acquisitions of lands for the purpose of conservation, and none of the exceptions to the exemption listed in Section 15300.2 apply.

Exceptions - Section 15300.2
None of the exceptions to the categorical exemption listed in CEQA Guidelines Section 15300.2 apply, as described below.

1. Location. This exception does not apply. Categorical Exemption Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located.

The proposed land acquisition qualifies for a Class 13 Categorical Exemption and, therefore, is not subject to this possible exception due to project location. 116
RESOLUTION NO.

2. Cumulative Impact. The undeveloped and vacant property will remain as open space. The property will be managed for its conservation value and will be encumbered with a conservation easement. The acquisition of the property would not result in any significant impacts, and its contribution to regional growth is not cumulatively considerable. Therefore, the property acquisition will not result in any cumulative impacts.

3. Significant Effects Resulting from Unusual Circumstances. There is no reasonable possibility that the acquisition of the property will have a significant effect on the environment due to unusual circumstances. There is no evidence that any unusual circumstances exist. The undeveloped and vacant property will remain as open space. The property will be managed for its conservation value and will be encumbered with a conservation easement.

4. Scenic Highways. The property site is not designated as a Scenic Highway by the California Department of Transportation. No damage to scenic resources will occur because the Project is not located within the Scenic Corridor of the General Plan. The Project site is not designated as a Scenic Highway by the California Department of Transportation. No damage to scenic resources will occur because the Project is not located within the Scenic Corridor of the General Plan.

5. Hazardous Waste Sites. The project is not included on the list of hazardous waste facilities compiled pursuant to California Government code Section 65962.5, which comprises the following five parts: the list of Hazardous Waste and Substances sites from the Department of Toxic Substances Control (DTSC) EnviroStor database; the list of Leaking Underground Storage Tank (LUST) sites from the State Water Resource Control Board (SWRCB) Geotracker database; the list of solid waste disposal sites identified by the SWRCB with waste constituents above hazardous waste levels outside the waste management list; the list of active Cease and Desist Orders or Cleanup and Abatement Orders that concern the discharge of wastes that are hazardous materials; or the list of hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code, identified by DTSC.

6. Historical Resources. The site is not a historical resource and therefore will not cause a substantial adverse change in the significance of a historical resource.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that it hereby directs the Planning Manager to file a Notice of Exemption with the Alameda County Clerk if the project is approved.

The documents that constitute the record of proceedings upon which this decision is based can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, in Livermore, California. This resolution shall be effective upon adoption by the City Council. 117
RESOLUTION NO.

On motion of Council Member ________________, seconded by Council Member _________________, the foregoing resolution was passed and adopted on December 9, 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
City Clerk City Attorney
118
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT FOR THE ACQUISITON OF THE QUINT PROPERTY (41 ACRES – APNs: 99B-5300-2-13, 99B-5450-10-3)
In August 2024, the City Council authorized City of Livermore (“City”) staff to enter negotiations with the property owner to acquire in fee title for open space and conservation purposes. The property is located within City limits.

On November 15, 2024, the Altamont Landfill Open Space Committee approved the City‘s grant application for the acquisition of the Quint Property. On November 19, 2024, in accordance with Government Section 65402(a), the Livermore Planning Commission adopted a resolution and determined the City’s acquisition of the Quint Property is in conformance with Livermore’s 2003 General Plan and implements the General Plan goals, objectives, policies, and strategies outlined below.

The Livermore 2003 General Plan includes a Community Character Element with the following goals, objectives, and policies regarding the preservation and enhancement of Livermore’s natural environment as a valuable component of Livermore’s character and identity (Exhibit A).

Goal CC-1 - Preserve and enhance Livermore’s natural setting.

Objective CC-1.1 - Use open space to protect and enhance local community character and identity, to preserve rural characteristics, and to provide an edge to urban growth.

Policy CC-1.1 P6. The City shall maintain an area of non-urbanized land surrounding Livermore to serve as a buffer between communities. Uses that are considered compatible with this area include agriculture, grazing, open space, recreation, and reclaimed sand and gravel extraction.

Policy CC-1.1 P7. Open space shall be used to protect and enhance local community character and identity, and to guide the physical shape and direction of urban growth to preserve the rural characteristics of the area.

The City’s acquisition will also implement the following General Plan goals, objectives, and policies regarding Open Space and Conservation:

Goal OSC-1 - Conserve the value and function of Livermore’s open space as a biological resource.

Objective OSC-1.1 - Maintain biodiversity within the Planning Area with special emphasis on species that are sensitive, rare, declining, unique, or represent valuable biological resources.
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RESOLUTION NO. ________
Objective OSC-5.1 - Provide a comprehensive system of parks and recreation facilities in Livermore.

Policy OSC-5.1 P6 - The City shall coordinate and cooperate with LARPD and EBRPD in developing adequate regional park space around Livermore to serve foreseeable population increases in Livermore and its environs.

The proposed land acquisition will implement the following General Plan Land Use goals and objectives related to the North Livermore Urban Growth Boundary:

Goal LU-5 - It is the goal of the City to establish a coherent and logical pattern of urban uses that protects and enhances open space and agricultural uses by providing a clear and permanent boundary for urban uses within the City’s Planning Area.

Objective LU-5.1 - Maintain an Urban Growth Boundary to protect open space and agricultural uses in North Livermore.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that prior to taking action on the Project, and at a properly noticed public meeting, the City Council reviewed written and oral staff reports, took testimony, and received into the record all pertinent documents (collectively, the “Record Evidence”). The City Council’s determination is based on the Record Evidence, which is incorporated into this Resolution by reference.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that it has considered the Record Evidence and adopted a resolution finding the acquisition of the Quint Property (41 acres – APNs: 99B-5300-2-13, 99B-5450-10-3) to be exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15313, which exempts acquisitions of lands for the purpose of conservation.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that it hereby directs the Planning Manager to file a Notice of Exemption with the Alameda County Clerk.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager to execute a Purchase and Sale Agreement and all other documents necessary for the acquisition of the Quint Property (Exhibit B) and is authorized, in her discretion, to utilize a different dedicated open space acquisition funding source in place of the Doughtery Valley Settlement funds that were approved by separate resolution if the City Manager believes it is necessary to acquire the property.

The documents that constitute the record of proceedings upon which this decision is based can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, in Livermore California.
120
RESOLUTION NO. ________
On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on December 9, 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
City Clerk City Attorney
Exhibit A – Planning Commission Resolution
Exhibit B – Quint Property Purchase and Sale Agreement
121

EXHIBIT A
122

EXHIBIT A
123

EXHIBIT A
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PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
This Purchase and Sale Agreement and Escrow Instructions (“Agreement”) dated as of _ _ _ _ _ _ _ _ _ _ _, 2 0 2 4(the “Effective Date”), is made by and between the City of Livermore, a municipal corporation (“Buyer”) and Western Title Insurance Company (APN:
99B-5300-2-13) and Western Title Guaranty Company Contra Costa County Division, a corporation (APN: 99B-5450-10-3) (“Seller”).

RECITALS
A. Seller is the owner of the Property (as defined in Section 1 below) pursuant to that certain Grant Deed) dated J u l y 2 , 200 2, and recorded on A u g u s t 1 3 , 2 0 0 2, in the Official Records of Alameda County, California as Instrument No. 2002351297.

B. Buyer wishes to purchase the Property from Seller, and Seller wishes to sell the Property to Buyer, each upon the terms and conditions in this Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Buyer and Seller agree as follows:

1. Purchase of the Property. Subject to the terms and conditions of this Agreement, Seller shall sell to Buyer and Buyer shall purchase from Seller the following (collectively, the “Property”):

1.1. Real Property. That certain real property located in the City of Livermore in Alameda County, California, consisting of approximately a total of (41.3) acres of land, relating to APNs: 99B-5300-2-13 and 99B-5450-10-3, as more particularly described in Exhibit A attached hereto, together with all privileges, rights, easements, and appurtenances belonging to such real property (collectively, the “Real Property”).

1.2. Improvements. Any and all improvements, buildings, facilities, fixtures, structures, fences, and parking areas located on the Real Property (collectively, the “Improvements”).

1.3. All Other Tangible and Intangible Rights and Assets. All other rights and assets, tangible or intangible and wherever located, which relate to the Real Property.

2. Purchase Price. The purchase price for the Property (“ Purchase Price”) shall be $ 1,600,000 One Million and six hundred thousand Dollars (purchase price), and shall be payable as follows:

2.1. Deposit. Within five (5) business days of Effective Date or on or before (date to be determined), Buyer shall deposit into Escrow One Million One Hundred and Thirty Thousand Dollars ($1,130,000) in cash (“Deposit”).

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In the event that the Buyer exercises the option, in its sole discretion, to terminate this Agreement, the Escrow Holder shall be, and is hereby irrevocably instructed by Seller and Buyer, to immediately pay to Buyer the full amount of the Deposit and any interest earned thereon without further instructions.

3. Escrow; Closing Conditions.

3.1. Escrow. Upon full execution and delivery of this Agreement, Buyer shall promptly open an escrow account (“ Escrow”) with First American Title Company, located at 4900 Hopyard Road, Suite 1 10, Pleasanton, CA 94588 (“ Escrow Holder”). This Agreement shall, to the extent possible, serve as escrow instructions. The parties agree to execute such additional escrow instructions as may be required by Escrow Holder, which instructions shall be consistent with this Agreement. The “Close of Escrow” shall occur as soon as practicable after the satisfaction of all condition’s precedent specified in this Agreement, but in any event, on or before thirty (30) business days following the Effective Date.

3.2. Fees. Buyer shall pay all of Escrow Holder’s fees, including escrow charges and fees.

Buyer shall pay the costs of a CLTA Standard Owner’s Policy of Title Insurance with respect to the Real Property insuring Buyer in the full amount of the Purchase Price, all documentary transfer taxes, and recording fees. Buyer sha ll pay for the costs of any endorsements to the Title Policy (as hereinafter defined) and the incremental cost of an ALTA Extended Owner’s Policy of Title Insurance if Buyer desires to obtain such a policy. As used herein, “Title Policy” shall mean a CLTA Standard Owner’s Policy of Title Insurance and, if applicable, an ALTA Extended Owner’s Policy of Title Insurance, subject only to the Permitted Exceptions (as hereinafter defined) and containing such endorsements as Buyer may require in its sole discretion.

3.3. Deposit of Documents into Escrow.

3.3.1. Seller shall deposit with Escrow Holder the following items no later than ten (10) business days after the Effective Date , duly executed and acknowledged where required:
a. The Grant Deed;
b. Completed Franchise Tax Board Form 597-W and an affidavit certifying that Seller is not a “foreign person” as defined in the Internal Revenue Code; c. A completed California Form 593 -C (which provides that no portion of the Purchase Price shall be required to be withheld by or on behalf o f Buyer), duly executed by Seller; and
d. Any other documents, instruments or agreements reasonably required to be delivered hereunder to Escrow Holder or to Buyer in order to consummate the transactions contemplated by this Agreement.

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3.3.2. Buyer shall execute and/or deliver the following to the Escrow Holder for delivery or disbursement to Seller on Close of Escrow:
a. The Purchase Price;
b. Escrow Holder’s costs and expenses, as herein provided; and c. Any other documents, instruments or agreements reasonably required to be delivered hereunder to Escrow Holder or to Seller in order to consummate the transactions contemplated by this Agreement.

3.4. Close of Escrow. Escrow Holder shall do all of the following upon Close of Escrow:

3.4.1. Record the Grant Deed, with a Certificate of Acceptance, in the Official Records of Alameda County, California;

3.4.2. Cause the Title Policy to be issued to Buyer within a reasonable time after Close of Escrow; and

3.4.3. Disburse the Purchase Price to Seller less the amount of any other closing expense payable by Seller pursuant to the terms of this Agreement.

4. Title Matters; Insurance.

4.1. Title. Title to the Property shall be conveyed to Buyer free and clear of all liens, claims and encumbrances except as permitted in this Section (the “Permitted Exceptions”).

4.2. Approval of Exceptions. Within ten (10) business days after Escrow is opened, or as soon thereafter as reasonably possible, Seller shall cause Escrow Holder to deliver to Buyer a preliminary title report with respect to the Real Property (the “ Preliminary Report”) together with copies of all recorded documents shown as exceptions thereto. Buyer shall notify Seller (“ Buyer’s Title Objection Notice ”) within ten (10) business days after the Effective Date of any objections to the preliminary title report . If Buyer, in its sole and absolute discretion, disapproves of any of the exceptions shown on the Preliminary Report, Buyer must deliver Buyer’s Title Objection Notice to Seller, which shall outline the Disapproved Exceptions, those items that appear on the Preliminary Report to which the Buyer objects. The term “Permitted Exceptions” shall mean (i) the title exceptions that are not disapproved of by Buyer in Buyer’s Title Objection Notice or (ii) the title exceptions for which Escrow Holder is irrevocably committed to insure against by the issuance of endorsements to the Title Policy, which endorsements must be acceptable to Buyer in its sole discretion. Notwithstanding anything else contained in this Agreement, the following shall be Permitted Exceptions: real estate taxes, assessments, vault charges and water and sewer charges not currently due and payable, subject to adjustment as provided in Section 7 of this Agreement.

4.3. Seller shall have ten (10) business days following receipt of Buyer’s Title Objection Notice to provide Buyer with written notice (“Seller’s Title Notice”) that either: (i) Seller is unwilling or unable to deliver title to the Real Property subject only to the Docusign Envelope ID: D71DAAF4-177F-4830-A514-7289BD4FA975

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Permitted Exceptions; or (ii) Seller is willing to use commercially reasonable efforts to deliver title to the Real Property subject only to the Permitted Exceptions within a specified period of time not to exceed thirty (30) business days from the date of such Seller’s Title Notice (“Extension Date”). Failure by Seller to deliver Seller’s Title Notice to Buyer within the ten (10) business day period specified above shall constitute Seller’s agreement to use commercially reasonable eff orts to deliver title at Close of Escrow subject only to the Permitted Exceptions. If in Seller’s Title Notice, Seller has deemed that it is unwilling or unable to deliver title to the Real Property subject only to the Permitted Exceptions, Buyer shall have the option, by notice to Seller within ten (10) business days after receipt of Seller’s Title Notice, but in no event after the expiration of the Review Period (as defined in Section 5.1 below), to either (i) accept such title to the Real Property as Seller can provide, or (ii) to terminate this Agreement and have the Deposit returned if permitted by Section 2.1 hereof. If for any reason whatsoever, Seller remains unable or unwilling to deliver title subject only to the Permitted Exceptions by the Extension Date, and if Buyer shall still be unwilling to accept such title to the Real Property as Seller can provide, then either party may terminate this Agreement without further liability. If, after the date hereof, any additional items come into existence which would show as exceptions to title insurance in the Title Policy, and Seller fails to remove same prior to the Close of Escrow, Buyer shall have the choice of: (i) terminating this Agreement and the Escrow and thereafter neither Seller nor B uyer shall have any further obligations under this Agreement; or (ii) completing the purchase of the Property in accordance with the terms of this Agreement.

5. Due Diligence Investigation.

5.1. Review Period. Buyer may conduct investigations and reviews of the Property including, but not limited to, the physical condition or state of the Property, environmental matters (including, without limitation, Phase I and Phase II environmental reports of the Property), title matters, zoning matters, governmental, regulatory or land use matters, and any other matters affecting Buyer or Buyer’s anticipated use and ownership of the Property during the term of this Agreement. The Review Period shall continue for a period of 10 business days after the Effective Date. After 10 business days after the Effective Date, the Review Period shall be terminated.

5.2. Disapproval of Investigation. If Buyer, in its sole and absolute discretion, disapproves any of the results of its investigation and review, Buyer may, subject to Section 2.1 hereof, terminate this Agreement without any liability whatsoever by providing written notice thereof to Seller on or before the termination date of the Review Period. If this Agreement is so terminated, the Deposit shall be returned if permitted by Section 2.1 hereof and neither party shall have any further liability hereunder. If Buyer fails to deliver such notice to Seller on or before the termination of the Review Period, Buyer shall be deemed to have elected to consummate this transaction.

5.3. Access to Property . Seller agrees to grant Buyer and Buyer's employees, agents, consultants, and other authorized representatives the right to reasonable access to the Property at reasonable times during the Term of this Agreement subject to twenty -four hours’ notice to the Seller of Buyer’s intent to access the Property.

Docusign Envelope ID: D71DAAF4-177F-4830-A514-7289BD4FA975

EXHIBIT B
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6. Possession. Possession of the Property shall be delivered to Buyer on Close of Escrow in its “as-is” condition, free of all tenancies and subject to the representations and warranties and covenants of Seller contained herein.

7. Prorations. All utility costs, real property taxes and assessments, water charges and assessments, bond payments and other expenses affecting the Property shall be prorated as of Close of Escrow. If, at the time of the Close of Escrow, the tax rate or the assessed valuation of the Property has not been fixed, the apportionment of taxes will be upon the basis of the most recently established tax rate applied to the latest assessed valuation (subject to adjustment as hereinafter provided). If any expenses (other than taxes) for the Property cannot be determined finally as of Close of Escrow, such expense will be prorated on the bes t available information. Adjustments to the prorations will be made from time to time after Close of Escrow to take account of final information as to expenses estimated as of the Close of Escrow or to adjust expenses that were not included in the prorations done at the Close of Escrow, and Buyer or Seller, as applicable, will pay the other on demand such amounts as may be appropriate based on such adjustments, together with interest at twelve percent (12%) per annum from the date of demand if such amount remains unpaid more than ten (10) business days after demand. Any reproration of expenses must be completed within one hundred eighty (180) calendar days after Close of Escrow or, in the case of taxes, within ninety (90) calendar days after the tax (or adjustment of tax) is billed, and neither Buyer nor Seller will be entitled to request a payment on account of reprorations after such date. Notwithstanding the foregoing, Seller shall remain fully liable for the payment of any taxes assessed against the Property and attributable to any period prior to Close of Escrow, irrespective of when such taxes are billed by the relevant taxing authorities.

In addition, Buyer specifically acknowledges that Seller shall be entitled to any refund of real and personal property taxes, installments of bonds and special taxes and assessments attributable to the Property and allocable to the period prior to Close of Escrow (“Refunds”). Any such Refunds shall be paid to Seller regardless of when they are received.

8. Real Estate Brokers. Each party hereby agrees to indemnify, protect and defend the other (by counsel acceptable to the party seeking indemnification) against and hold the other harmless from and against any and all damages, liabilities, loss, cost and expense, including, but not limited to, reasonable attorneys’ fees and court costs, resulting from any claims for any such real estate commission, finder’s fee or other real estate brokerage -type commission by any person or entity based upon such acts. The foregoing indemnities shall survive Close of Escrow or any earlier termination of this Agreement.

9. Representations, Warranties, and Covenants of Seller . Seller represents, warrants and covenants to Buyer that:

9.1. Seller’s Warranty of Authority. Seller has the full power and authority to execute and enter into this Agreement and the authority to consummate the transactions contemplated in this Agreement.

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9.2. Non-Foreign Person . Seller is not a “foreign person” within the meaning of Internal Revenue Code section 1445.

9.3. Enforceability. This Agreement constitutes the valid and binding agreement of Seller, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency and creditors’ rights laws generally.

9.4. Due Dilig ence Deliverables . True, correct and complete copies of all Due Diligence Deliverables prepared by third parties will be delivered to Buyer within five (5) business days following receipt by Seller; provided, however, that Seller makes no warranty express or implied as to the correctness of the contents of such Due Diligence Deliverables. True and correct copies of all other Due Diligence Deliverables prepared by Seller will be delivered to Buyer not later than three (3) business days following the execution and delivery of this Agreement by Seller and Buyer.

9.5. Notices. Except as disclosed to Buyer in the Due Diligence Deliverables, Seller has not received any notices from or sent any notices to any federal, state, or local governmental authority having jurisdiction over the Property or any other third party regarding, without limitation, environmental conditions, the presence or absence of hazardous materials, zoning, land use, suitability for a particular purpose, or compliance with law. To Seller’s knowledge, the Property is in compliance with all laws, rules and regulations, including, without limitation, any state or federal environmental laws, e.g., CERCLA, RCRA, FWPCA, TSCA, HMTA.

9.6. Leases; Agreements . Seller represents it is not a party to any lease, licen se or other agreement granting possessory rights with respect to the Property, and that there are no tenants on the Property. As of the Close of Escrow, Seller shall not be a party to any lease agreement, license, or other agreement granting possessory rights with respect to the Property and there shall be no tenants on the Property. To the extent Seller is a party to any lease agreement, license, or other agreement granting possessory rights with respect to the Property, Seller shall provide Buyer with Estoppel Certificates and copies of all leases, licenses or other such agreements no later than five (5) business d ays after the Effective Date. From and after the Effective Date, Seller shall not create any leases or other agreements affecting the Property without Buyer’s prior written consent.

9.7. Contracts. Within ten (10) business days after the Effective Date, Seller shall deliver to Buyer true and correct copies of any contracts and agreements affecting the Property. As of the Close of Escrow, no contracts or agreements that are binding on the owner of the Property shall remain in effect. From and after the Effective Date, Seller shall not enter into any new contracts or agreements relating to the Property without the prior written consent of Buyer, which consent shall not be unreasonably withheld or delayed and shall be deemed given if the term of such contract or agreement shall expire prior to the Close of Escrow.

9.8. Actions, Suits or Proceedings. There are no actions, suits, or proceedings, pending, or, to Seller’s knowledge, threatened, before any commission, board, bureau, Docusign Envelope ID: D71DAAF4-177F-4830-A514-7289BD4FA975

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agency, arbitrator, court, or tribunal affecting, or that would affect, the Property or the right to occupy or utilize the Property.

9.9. No Bankruptcy Proceedings. Seller is not the subject of any bankruptcy, insolvency, or probate proceeding.

9.10. Taxes and Assessments. Seller represents it has paid all taxes, charges, and assessments (special or otherwise) billed, due and payable for all years up through and including the 2023-2024 tax year required to be paid to any taxing authority or other association, which, if unpaid, could in any way constitute a lien against the Property or any part thereof. Seller has not received any notice from any taxing authority, governmental agency or other association:
(i) asserting that Seller has failed to file or has improperly filed any tax return or report required to be filed or of any charges now owing by it which could in any way now or hereafter constitute a lien or claim against the Property or any part thereof; or (ii) regarding any pending or contemplated taxes, assessments, charges or fees which affect or will affect the Property other than customary property taxes/assessments, as reflected in the Title Report. No action or proceeding is now pending by a governmental agency or authority or other association for the assessment or collection of any such taxes, charges or assessments against Seller.

10. Representations and Warranties of Buyer. Buyer hereby represents to Seller that at the date of execution hereof and at and as of Close of Escrow, Buyer is a municipal corporation and has the legal capacity to understand and execute this Agreement and all related documents.

11. Survival. All of the representations and warranties of Buyer and Seller made in conjunction with and pursuant to this Agreement shall survive Close of Escrow, but only for a period of ninety (90) calendar days. No claim shall be allowed on any such representation or warranty unless notice of the claim and a detailed statement of the basis for the claim is delivered by the claimant to the other party within such period.

12. Conditions of Closing.

12.1. Buyer’s Conditions . Buyer’s obligations to purchase the Property on Close of Escrow are expressly conditioned upon each of the following:

12.1.1. Title Insurance. Seller shall be prepared to convey to Buyer good and marketable title to the Real Property subject onl y to the Permitted Exceptions, and the Escrow Holder shall be irrevocably committed to issuing the Title Policy.

12.1.2. Buyer’s Inspection . There shall have been no material adverse change in the condition of the Property between the end of the Review Period and the Close of Escrow.

12.1.3. Closing Warranties. The representations and warranties of Seller contained in this Agreement being true, correct and complete on and as of Close of Escrow as if the same were made on such date.

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12.1.4. Delivery Into Escrow. Seller having delivered to Escrow all items required by this Agreement and having complied with all other covenants and conditions of this Agreement to be performed or complied with by Seller.

12.2. Seller’s Conditions. Seller’s obligation to sell the Property on Close of Escrow is expressly conditioned upon each of the following:

12.2.1. Closing Warranties. The representations and warranties of Buyer contained in this Agreement being true, correct and complete on and as of Close of Escrow as if the same were made on such date.

12.2.2. Delivery Into Escrow. Buyer having delivered to Escrow all items required by this Agreement, including without limitation the Purchase Price, and having complied with all other covenants and conditions of this Agreement to be performed or complied with by Buyer.

13. Failure of Conditions. If any of the conditions specified in this Agreement fail to occur prior to Close of Escrow, the party benefited by such condition shall have the power, exercisable by giving written notice to the Escrow Holder and to the other party, either to waive the condition or to cancel the Escrow and terminate this Agreement. In the event this Agreement is terminated due to the failure of a condition specified herein, the Deposit shall be disbursed in accordance with Section 2.1.

14. Indemnification.

14.1. Seller’s Indemnification. From and after Close of Escrow, Seller shall indemnify, defend, protect, and hold harmless Buyer, Buyer’s past, present, and future parents, subsidiaries, and affiliates, and their respective directors, officer s, shareholders, partners, members, managers, trustees, employees, agents, attorneys, representatives, affiliates, predecessors in interest, successors and assigns (collectively, the “ Buyer Indemnified Parties”), from and against any and all claims, demand s, liabilities, costs, expenses, damages and losses, cause or causes of action and suit or suits of any nature whatsoever (including reasonable attorneys’ fees, expert fees, and costs) arising from any misrepresentation or breach of warranty or covenant by Seller in this Agreement, or for any activity or event involving Seller’s activities on the Property occurring prior to Close of Escrow. This indemnity does not apply, however, to any item, matter, occurrence or condition which was disclosed in writing to or known to Buyer (including its agents, consultants and representatives) or any other of the Buyer Indemnified Parties with authorization to act on behalf of Buyer prior to the expiration of the Review Period.

14.2. Buyer’s Indemnification. From and after Close of Escrow, Buyer shall indemnify, defend, protect and hold harmless Seller, Seller’s past, present and future parents, subsidiaries and affiliates, and their respective directors, officers, shareholders, partners, members, managers, trustees, employees, agents, attorneys, representatives, affiliates, predecessors in interest, successors and assigns (collectively, the “ Seller Indemnified Parties”), from and against any and all claims, demands, liabilities, costs, expenses, damages and losses, cause or causes of action and suit or suits of any nature Docusign Envelope ID: D71DAAF4-177F-4830-A514-7289BD4FA975

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whatsoever (including reasonable attorneys’ fees and costs) (“ Losses”) arising out of Buyer’s ownership and/or operation of the Property following Close of Escrow, or from any misrepresentation or breach of warranty or covenant by Buyer in this Agreement; provided, however, Buyer shall not indemnify any of the Seller Indemnified Parties for any Losses resulting from: (i) any of the Seller Indemnified Parties’ negligence, negligence per se, or intentional misconduct; or (ii) any Environmental Clean Up Claims.

15. Notices. All notices and demands of any kind that either party may be required or desire to serve upon the other party shall be in writing and shall be served upon such other party by personal service (including overnight delivery by a recognized carrier such as UPS or FedEx), by facsimile transmission followed by mail delivery of the original of such notice, or by mailing a copy thereof, certified or registered mail, postage prepaid, addressed as follows:

If to Buyer: City of Livermore
1052 S. Livermore Ave.

Livermore, CA 94550
Attn: Stephen Riley
(Acting) Planning Manager
Telephone: (925) 960-4461
Facsimile: (925) 960-4149
If to Seller: Quint Investment Associates
1811 Santa Rita Road #100
Pleasanton, CA 94566
Telephone: (925) 462-1010

Service by mail shall be deemed complete on the date of actual delivery as shown on the addressee’s return receipt. Service by facsimile transmission shall be deemed served upon receipt of the facsimile transmission by the addressee, provided it is received prior to 5:00 PM local time by the recipient on a business day (and if not so received by such time, then it shall be deemed given on the next business day) and the sender receives written co nfirmation of transmission; provided that the sender shall also send the original by mail delivery or overnight courier. The addresses to which notices and demands shall be delivered or sent may be changed from time to time by notice to the other party.

16. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and permitted assigns.

17. Time is of the Essence. Time is of the essence in this Agreement.

18. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect. However, unless such stricken term, provision, covenant or condition goes to the essence of the consideration bargained for by a party, the remaining terms, provisions, covenants and conditions of this Agreement shall Docusign Envelope ID: D71DAAF4-177F-4830-A514-7289BD4FA975

EXHIBIT B
133
- 10 -
continue in full force and effect, and to the extent required, shall be modified to preserve their validity.

19. Entire Agreement. This Agreement constitutes the sole and only agreement between Buyer and Seller concerning the Property and their rights and duties in connection with the Property.

Any prior or othe r agreements or representations between Buyer and Seller regarding such matters shall be null and void, unless otherwise expressly set forth in this Agreement.

20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any suit brought here on shall be brought in the state or federal courts sitting in Alameda County, California, the parties hereby waiving any claim or defense that such forum is not convenient or proper.

21. Counterparts. This Agreeme nt may be executed and delivered (including by facsimile transmission) in counterparts and all counterparts so executed shall constitute one agreement binding on all parties hereto. It shall not be necessary for each party to execute the same counterpart hereof.

22. Assignment. Seller may assign this Agreement and all rights and obligations hereunder without Buyer’s consent to any parent, subsidiary or affiliate of Seller. Buyer shall have no right to assign its rights under this Agreement to any other person or entity.

23. Attorneys’ Fees. If any action is filed by any of the parties hereto to enforce and/or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs from the non-prevailing party.

24. BUYER’S REMEDIES. IF THE SALE OF THE PROPERTY IS NOT CONSUMMATED

BECAUSE OF A DEFAULT UNDER THIS AGREEMENT ON THE PART OF SELLER (INCLUDING SELLER’S BREACH OF ANY REPRESENTATION OR WARRANTY SET FORTH IN SECTION 9 OF THIS AGREEMENT OR SELLER’S

FAILURE TO DELIVER AN Y OF THE DOCUMENTS DESCRIBED IN SECTION S 3, 9, & 12 OF THIS AGREEMENT OR DUE TO THE FAILURE OF A CONDITION FOR BUYER’S BENEFIT SET FORTH IN SECTIONS 9, OR 12, AND BUYER IS

READY, WILLING AND ABLE TO CLOSE, BUYER, AS ITS SOLE AND

EXCLUSIVE REMEDY, MAY EITHER (A) TERMINATE THIS AGREEMENT IN

ITS ENTIRETY BY DELIVERY OF NOTICE OF TERMINATION TO SELLER,

WHEREUPON THE DEPOSIT SHALL BE IMMEDIATELY RETURNED TO
BUYER, OR (B) CONTINUE THIS AGREEMENT PENDING BUYER’S ACTION

FOR SPECIFIC PERFORMANCE HEREUNDER PROVI DED APPROPRIATE

PROCEEDINGS ARE PROMPTLY COMMENCED BY BUYER (BUT IN ANY EVENT WITHIN (30) BUSINESS DAYS AFTER DISCOVERY OF SUCH DEFAULT)

AND PROSECUTED WITH DILIGENCE AND CONTINUITY WHEREUPON

SELLER SHALL PAY TO BUYER ALL REASONABLE FEES, COSTS AND EXPENSES INCURRED BY BUYER IN CONNECTION WITH BUYER’S ACTION

FOR SPECIFIC PERFORMANCE IF SUCCESSFUL AND ANY OTHER AMOUNTS

WHICH MAY BE PAYABLE PURSUANT TO THE TERMS
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134
- 11 -
AND CONDITIONS OF THIS AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED

IN THIS AGREEMENT, BUYER HEREBY WAIVES ANY AND ALL REMEDIES FOR SELLER’S FAILURE IN PERFORMANCE, INCLUDING, WITHOUT LIMITATION,

ANY RIGHT TO OBTAIN DAMAGES FROM SELLER, INCLUDING, WITHOUT

LIMITATION, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY

DAMAGES, AND BUYER ACKNOWLED GES THAT SELLER SHALL IN NO EVENT BE LIABLE THEREFOR.

Seller’s Initials Buyer’s Initials

25. Condemnation. If prior to Close of Escrow any Non -Material Part (as defined below) of the Real Property is taken by eminent domain or a notice or threat of any eminent domain proceedings with respect to any Non -Material Part of the Real Property is received by the Seller, this Agreement shall remain in force, and Buyer shall be entitled to all awards or damages by reason of any exercise of the power of eminent do main or condemnation with respect to or for the taking of the Real Property or any part thereof. If, prior to Close of Escrow, all or any part of the Real Property, other than a Non-Material Part, is taken by eminent domain or a notice or threat of any eminent domain proceedings with respect to the Real Property or any part thereof, then Seller shall within five (5) business days thereafter give notice thereof to Buyer and Buyer shall have the option to (i) complete the purchase hereunder, or (ii) terminate this Agreement, in which event the Deposit shall be immediately refunded to Buyer, and thereafter neither party shall have any further liability hereunder. Buyer shall deliver written notice of its election to the Seller within fifteen (15) business days after the date upon which the Buyer receives written notice from Seller of such eminent domain proceedings or notice or threat thereof. If notice of condemnation is received by Buyer and Buyer fails to deliver said written notice of its election within said time period, such failure shall constitute a waiver by Buyer of its right to terminate this Agreement. If this Agreement is not so terminated, any negotiation for, or agreement to, and all contests of any offers a nd awards relating to eminent domain proceedings shall be conducted with the joint approval and consent of the Seller and the Buyer, and Buyer shall be entitled to all awards or damages by reason of any exercise of the power of eminent domain or condemnation with respect to or for the taking of the Real Property or any part thereof. For purposes hereof a taking of a Non-Material Part of the Real Property shall be deemed to have occurred if it results in a taking of less than ten percent (10%) of the gross acreage of the Real Property.

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EXHIBIT B
135
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written.

BUYER:

CITY OF LIVERMORE
By:

Name: Marianna Marysheva
Title: City Manager
SELLER:

Western Title Insurance Company (APN: 99B-5300-
2-13) and
Western Title Guaranty Company Contra Costa
County Division, a corporation (APN: 99B-5450-10-
3)
By:

Name: Norman Cornett
President
AGREED AND ACCEPTED BY:

First American Title Company
By: Dated: ______________
Kellie Sanders
Escrow Officer
Attachments:

Exhibit A – Real Property Map
APPROVED AS TO FORM:
_________________________________
Deputy/Assistant/City Attorney
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EXHIBIT B
136

EXHIBIT B
137
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING FUNDS FROM THE DOUGHERTY VALLEY SETTLEMENT AGREEMENT (LEAP FUND 912) FOR THE AMOUNT OF $1,130,000

TO ACQUIRE THE QUINT PROPERTY
(41 ACRES – APNs: 99B-5300-2-13, 99B-5450-10-3)
As part of the Dougherty Valley Settlement Agreement, a fund was established to settle Water Litigation. The fund was created to support habitat preservation. The Agreement contains the following clause in section 6(d)(i) for the expenditure of funds from the settlement:
“City staff will meet and confer with [Citizens for Balanced Growth] prior to formulating its recommendations for acquisitions.”
City of Livermore (“City”) staff has made multiple attempts to meet-and-confer with Citizens for Balanced Growth (CBG) concerning the recommendations being prepared by City staff to the City Council regarding the expenditure of settlement funds for acquisition of the Properties by the City of Livermore for conservation and preservation purposes.

Those requests were made in September and October of 2024, but CBG has not met with City staff. CBG has declined to meet with staff in December of 2023 and January, February, and March of 2024, to meet-and-confer on different property transactions.

Based on limited communication and unwillingness to set a meeting date from CBG, and consistent with the Dougherty Agreement, staff has concluded that CBG does not support the expenditure of Dougherty Valley settlement funds for the Quint Property acquisition.

In August of 2024, the City Council authorized City staff to enter negotiations with the property owner to acquire in fee title for the Quint Property for open space and conservation purposes. The property owner representatives and the City have negotiated terms for the acquisition of the property. The City Council is responsible for appropriating funds from the Dougherty Valley Settlement Agreement Account (LEAP Fund 912).

The funding authorization is not a project under the California Environmental Quality Act (CEQA) and CEQA Guidelines section 15378, 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.

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

1. Authorizes the allocation of $1,130,000 from the Dougherty Valley Settlement Agreement Account (LEAP Fund 912) or other funding sources for the acquisition of the Quint Property (41 acres – APNs: 99B-5300-2-13, 99B-5450- 10-3).
138
RESOLUTION NO. ________
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on December 9, 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
City Clerk City Attorney
139

CITY COUNCIL STAFF REPORT
ITEM NO. 5.9

DATE:

December
9, 2024
TO:

Honorable Mayor and City Council
FROM:

Joe Testa, Fire Chief
SUBJECT:

Resolution authorizing the Livermore Pleasanton Fire Department JPA (LPFD) to give notice of withdrawal to the California Joint Powers Risk Management Authority (CJPRMA).

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the City Manager to issue a notice of withdrawal to the California Joint Powers Risk Management Authority (CJPRMA) on behalf of and for the Livermore Pleasanton Fire Department JPA (LPFD) in her capacity as a Joint Executive Director for LPFD, and to explore alternate liability coverage.

SUMMARY
Staff have determined that there may be more desirable liability carriers for the LPFD. City staff, and the Board of Directors for the Livermore Pleasanton Fire Department’s Joint Powers Authority recommend that LPFD give its notice of withdrawal to the California Joint Powers Risk Management Authority (CJPRMA) and explore alternate liability coverage.

DISCUSSION
On July 1, 2018, LPFD joined the California Joint Powers Risk Management Authority (CJPRMA) to obtain coverage for general liability, auto liability, and employment practices liability. Staff has recently determined that there are more desirable options for LPFD to obtain this coverage and recommends that LFPD provide a Notice of Withdrawal to CJPRMA on or before December 31, 2024.

Staff has hired a consultant who has begun researching replacement coverage options for LPFD, including other public-agency risk pools, excess insurance in the private market, and potentially self- insurance. Initial findings indicate that a different risk pool or self-insurance may be more cost-effective for LPFD. Staff will return to the Board of Directors in the spring of 2025 to present information on those options and to provide a recommendation for securing replacement coverage to take effect on July 1, 2025.

140
On November 13, 2024, the LPFD Board of Directors met and voted to recommend the action requested in this staff report.

The Pleasanton City Council approved a similar resolution on December 3, 2024. Once authorization has been provided by both Councils, LPFD will issue it notice of withdrawal.

FISCAL AND ADMINISTRATIVE IMPACTS

There is no fiscal impact associated with this action.

COMMUNITY PILLAR

5: A City That Works

GOAL

17: Ensure effective use of public resources

ATTACHMENTS

1. Resolution

Prepared by: Joe Testa
Fire Chief

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A NOTICE OF

WITHDRAWAL TO THE CALIFORNIA JOINT POWERS RISK MANAGEMENT

AUTHORITY (CJPRMA) ON BEHALF OF THE LIVERMORE-PLEASANTON FIRE DEPARTMENT JOINT POWERS AUTHORITY (“LPFD”) AND EXPLORE ALTERNATE

LIABILITY COVERAGE
The Livermore-Pleasanton Fire Department Joint Powers Authority joined the California Joint Powers Risk Management Authority to obtain coverage for general liability, auto liability, and employment practices liability.

Staff have determined that there may be more desirable options for LPFD to obtain this coverage and recommend that LPFD provide a Notice of Withdrawal to CJPRMA on or before December 31, 2024.

On November 13, 2024, the Board of Directors for the LPFD met and voted to recommend the LPFD give notice of its withdrawal from the CJPRMA and to explore alternate liability coverage; and
Staff will return to the Board of Directors in the spring of 2025 to present information on those options and to provide a recommendation for securing replacement coverage to take effect on July 1, 2025.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager to issue a notice of withdrawal to the California Joint Powers Risk Management Authority on behalf of and for the LPFD in her capacity as a Joint Executive Director for LPFD, and to explore alternate liability coverage.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on December 9, 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
City Clerk City Attorney
142

CITY COUNCIL STAFF REPORT
ITEM NO. 5.10

DATE:

December
9, 2024
TO:

Honorable Mayor and City Council
FROM:

Brandon Cardwell, Innovation and Economic Development Director SUBJECT:

Resolution authorizing the execution of a settlement agreement with the Livermore Premium Outlets LLC regarding public safety and traffic management.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a settlement agreement with Livermore Premium Outlets LLC regarding public safety and traffic management.

SUMMARY
The City of Livermore and the Livermore Premium Outlets, LLC (LPO) both desire to ensure the continued vitality of the San Francisco Premium Outlets (Center), which is among the Livermore's largest employers and sales tax generators. The City is also responsible for effective stewardship of public resources, including ensuring fair-share contributions from uses that require extraordinary resources, which Center does in the case of public safety and traffic management. LPO has also requested reimbursement from the City for the cost of public improvements associated with the construction of the Center's additional parking facility. The City and LPO have engaged in collaborative negotiations to address the considerations of both parties with respect to public safety, traffic management, and reimbursement for public improvements associated with the Center. The results of these negotiations are the following conditions, which are reflected in the Settlement Agreement with Livermore Premium Outlets (Exhibit A):

LPO will fully fund the cost of any supplemental public safety services rendered to the Center, under direction from the Livermore Police Department.

LPO will fund 53% of the cost of traffic management services, commensurate with the Center's proportional square footage of commercial developments in the area requiring traffic management services.

The City agrees to pay LPO the sum of $120,934.69 per year for a period of ten (10) years, for a total payment of $1,209,346.90.

DISCUSSION
143
The San Francisco Premium Outlets (Center) was established by Livermore Premium Outlets, LLC (LPO) in November 2012 and expanded in 2015. Since its expansion, the Center has become the largest regional retail destination and sales tax generator for the City of Livermore, as well as a significant source of employment for the region. Alleviating heavy traffic and ensuring public safety is a key priority for both the City and LPO, especially during the peak shopping season.

Beginning in 2015, the City and LPO leadership began engaging in discussions about the need to provide more safe and functional parking for the Center. In 2017, the LPO purchased an adjacent parcel of land located directly east of the Center to construct a parking facility, which included a contribution to public improvements on the site in the amount of $1,209,346.88. LPO sought reimbursement from the City for the cost of public improvements.

During the same time period, the City provided supplemental public safety services for the Center pursuant to a separate agreement with LPO, leading to an outstanding balance of $762,145 owed to the City by LPO. The City sought payment for these expenses, but LPO disputed the obligation to pay for services rendered over that time period. The City has also asserted that any supplemental public safety services rendered to the Center going forward must be paid for in full by LPO.

To address the considerations of both parties, the City and LPO engaged in collaborative negotiations and identified the following conditions, which are reflected in the Settlement Agreement with Livermore Premium Outlets (Exhibit A):

LPO will fully fund the cost of any supplemental public safety services rendered to the Center, under direction from the Livermore Police Department.

LPO will fund 53% of the cost of traffic management services, commensurate with the Center's proportional square footage of commercial developments in the area requiring traffic management services.

The City agrees to pay LPO the sum of $120,934.69 per year for a period of ten (10) years, for a total payment of $1,209,346.90.

This settlement addresses the needs of both parties, as well as the community, to ensure the Center remains safe and functional. Staff recommends the Council adopt a resolution to authorize the execution of a settlement agreement with Livermore Premium Outlets LLC.

FISCAL AND ADMINISTRATIVE IMPACTS

In the first ten years of the agreement, the City will receive a total of approximately $3.3 million that will help fund a Police Officer and traffic management services for the Center. Beginning in year 11, the City will no longer make a payment to LPO and, as a result, will receive approximately $500,000 for those services that will escalate annually based on actual costs.

COMMUNITY PILLAR

2: Economy that Prospers

GOAL

144
1: Effective Communication and Engagement with Business

ATTACHMENTS

1. Resolution

2. Exhibit A - Settlement Agreement with Livermore Premium Outlets LLC

Prepared by: Theresa de la Vega
Management Analyst II

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF THE SETTLEMENT AGREEMENT

BETWEEN THE CITY OF LIVERMORE

AND LIVERMORE PREMIUM OUTLETS, LLC
Beginning in 2015, the City and Livermore Premium Outlets, LLC (“LPO”) engaged in discussions about the need to provide more safe and functional parking for what is now known as the San Francisco Premium Outlets (“Center”), located at 2774 Livermore Outlets Drive, Livermore, CA 94551.

In 2017, LPO purchased an adjacent parcel of land located directly east of the Center to construct a parking facility, which included a contribution to public improvements on the site in the amount $1,209,346.88. LPO seeks reimbursement from the City for the cost of the public improvements.

City provided supplemental public safety coverage for the Center pursuant to a separate agreement with LPO, and City asserts LPO has an outstanding balance of $762,145 (as of December 31, 2023) related to supplemental public safety services provided under the separate agreement. City seeks reimbursement from LPO for the outstanding balance.

The City and LPO recognize the need for effective traffic management at and about the Center, especially during heavy traffic shopping events, and that LPO should pay a share of traffic management costs. The Center represents approximately 53% of the total square footage of commercial developments in the area that require traffic management services provided by the City.

LPO desires to have supplemental public safety services in the form of additional police presence and agrees to fund the full cost of additional services.

The City and LPO desire to resolve their respective claims, and to memorialize their agreement for supplemental public safety services and traffic management costs at the Center.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager, or her designee, to execute on behalf of the City the Settlement Agreement with LPO, attached hereto as Exhibit A.

On motion of Council Member _____________________, seconded by Council Member _____________________, the foregoing resolution was passed and adopted on December 9, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
146
RESOLUTION NO. _________
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Katherine Mirassou______________ Deborah L. Elam Katherine Mirassou
City Clerk Deputy City Attorney Exhibit A – Settlement Agreement with Livermore Premium Outlets, LLC 147
Settlement Agreement Page 1 of 8

SETTLEMENT AGREEMENT
T
his Settlem ent Ag reement (“ Settlement Agreement”), effe ctive as of th e Effective Date ( defined in Parag raph 1 below ), is entered into betw een L ivermore Premium Ou tlets, LLC (“LPO”) and th e C ity of L ivermore, a California m unicipal corporation (the “City”). L PO and the City are referred to collectively as the “Parties” and individually as “Party.”

RECITALS
A.

Beginning in 2015, the Parties engaged in di scussions about the need to provide more safe and f unctional parking for what is now k nown as the Sa n Francisco Pre mium Outlets (“ Center”), located at 277 4 Livermore Outlets Drive, Livermore, CA 94551.

In 2017, LPO purchased an adjacent parcel of land located d irectly east of the C enter to c onstruct a parking facility, which included a con tribution to public improvements on the site in the am ount $1,209,3 46.88. LPO s eeks re imbursement from the City for the cost of the pub lic improvements (the “ LPO Claim ”).

C. Cit
y provided supplemental public safety coverage for the Center pursuant to a separate agreement with LPO, and City asserts LPO has an outstanding balance of $762,145 (as of December 31, 2023) related to supplemental public safety services provided under the separate agreement . City seeks reimbursement from LPO for the outstanding balance (the “City Claim”).

The Parties rec ognize the n eed for ef fective traffic m anagement at and about the Center, especially during heavy traffic shopping events, and that LPO should pay a share of traffic m anagement costs (“Traffic Management Services” ). The Center represents approximately 53% of the total square footage of commercia l developments in the area that require traffic m anagement services provided by the City .

LPO desires to have supplemental p ublic safety services in the form of additional police presen ce and agr ees to fund the full cost of additional services.

F. T
he Parties desire to resolve the LPO Claim and the City Claim, and to memorialize their agreement for supplemental public safety services and traffic management costs at the Center.

AGREEMENT
Th
e Parties agree that the abo ve Recitals are true and correct. In consideration of the p romises in th is Settlement Agreement, and for good and valuable consideration, the Parties further agree as follows:

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EXHIBIT A
148
Settlement Agreement Page 2 of 8

1. Effective D ate. The effective date (“ Effective Date”) of th is Settlement Agreement is the date of the last signature to this Settlement Agreement.

2. City Obligations.

Th
e City agrees to pay LPO the sum of $1 20,934.69 per year for a period of ten (10) years, for a total payment of $1,209,346.90 (the “Settlement Consideration”). (a) Th
e Sett lement Consideration shall be pai d in annual installments via check, ACH or wire transfer made payable to Livermore Premium Outlets, LLC and delivered no later than December 15th of each year, with the first payment due on or before December 15, 2025.

3. LPO Obligations.

In
exchange for the Settlement Consideration paid by the City, the Parties agree to execute the “Public Safety Agreement”, which is hereby incorporated by reference, prior to July 1, 2025, to generally include the following terms described more specifically in the Public Safety Agreement:
(a
) Commencing July 1, 2025:
i.

LPO agrees to f und the fu ll cost of one a dditional police of ficer assigned to the Center, subject to staffing availability and with hours directed by the Livermore Police Department to perform the services set forth in the Public Safety Agreement . Th e cost of the police officer shall b e determined by the cost of a police officer salary at the top step of the pay range as set by City Council, as may change from time to time. At the time of the signing of this agreement, that cost is $225,799 per year. If escalation for the cost of the police officer exceeds 5% on an annual basis for any year this Agreement is in effect, LPO may either 1) agree to the new rate or 2) elect to meet with City to identify a reasonable alternative to paying the increased cost. Any alternative to paying the increased cost must be agreed to by both parties and documented in writing. If LPO and City are unable to r each an agreement for a reasonable alternative to paying the increased cost within thirty (30) days after commencing discussions, LPO may either 1) agree to the aforementioned escalation, or 2) terminate the obligation to pay for the additional police officer under this Agreement by providing the City written notice of termination at least thirty (30) calendar days before the effective date of such termination.
ii.

LPO agr
ees to fund 53% of the cost of T raffic Management Se rvices contracted by the City on an ongoing basis. If escalation for the cost of the Traffic Management Services exceeds 5% on an annual basis for any year this Agreement is in effect, LPO may either 1) agree to the new rate or 2) provide the City with a written alternative plan concerning traffic Docusign Envelope ID: 137D8906-FA85-4D88-86FC-E33D9556ED97

EXHIBIT A
149
Settlement Agreement Page 3 of 8
management at the Center in lieu of the City’s Traffic Management Services (“Alternative Traffic Management Plan”) . Upon City’s approval of the Alternative Traffic Management Plan, such approval not to be unreasonably withheld, LPO may terminate the obligation to pay for Traffic Management Services under this Agreement . The Alternative Traffic Management Plan must be in a form substantially similar to the “Transportation Demand Management Program” for the Center dated August 30, 2012 referenced in Section E(2) of the Conditions of Approval – Site Plan Design Review 12- 018 As Modified By Site Plan Design Review Modification 13- 026, and further referenced in the Amended and Restated Development Agreement, document #2012334499 recorded in Alameda County on October 10, 2012 by and between City and LPO (successor in interest to Paragon Outlets Livermore Valley II LLC, a Delaware limite d liability company) . The City’s failure to respond to LPO’s proposed Alternative Traffic Management Plan within thirty (30) days of its receipt of the Alternative Traffic Management Plan, then the Alternative Traffic Management Plan shall be deemed approved.
iii. T
he services referenced in (a)(i) and (a)(ii) above shall be collectively referred to in this Agreement as the “ Public Safety Services.” (
b) LPO agrees to pay the full costs identified in subsections (i) and (ii) above (collectively, “Public Safety Costs”) for a term of ten (10) years. LPO shall pay the Public Safe ty Costs via a check made payable to the Ci ty o f Livermore and delivered no late r than November 1st of each year, with the first payment due on or before November 1, 2025.
(
c) If LPO fails to pay the P ublic Safety Costs for any year during wh ich the Public Safety Ser vices were p rovided or during which the Ci ty paid th e Settlement Consideration, then following written notice and a thirty (30) day cure period, the City shall have the right to immediately withhold payment of any amount of Settlement Consideration then due and that becomes due until LPO resumes payment of the Public Safety Costs due and makes the City whole as to any missed payments for Public Safety Costs.
(
d) N
otwithstanding the foregoing, if L PO disputes the receipt of P ublic Safety Services for any period of time, LPO must notify the City in writing within 30 days of the date LPO believes services to have stopped, detailing the reason for disputing receipt of the services. Failure to notify the City regarding a dispute as to receipt of the se rvices shall b e deemed an acc eptance of the se rvices and shall require payment by LPO to the City.

4. Releases. LPO, on its behalf and on behalf of any and all of its respective agents, atto rneys, se rvants, insurers, heirs, spouses, domestic part ners, c hildren, parents, executors, adm inistrators, assign s, estate, p redecessors, predecessors-in- Docusign Envelope ID: 137D8906-FA85-4D88-86FC-E33D9556ED97

EXHIBIT A
150
Settlement Agreement Page 4 of 8
interest, successo rs, successors-in- interest, s ubsidiaries, af filiates, trustees, beneficiaries, assig nors, v endees, lessees, representatives, at torneys, prin cipals, employees, of ficers, directors, mem bers, managers, s hareholders, st ockholders, partners, owners, alter egos, persons, and entities now or in the future holding interest in the LPO Claim (collectively “ LPO-Affiliated Pa rties”) fo rever releases, waives, and discharges the City and its e lected of ficials, of ficers, directo rs, employees, agents, attorneys, de signated vo lunteers, c ontractors, successors, assigns, agents, trustees, beneficiaries, and insurers (collectively “City-Related Pa rties”) from all claims, demands, obligations, liabilities, actions, causes of action, damages, losses, costs, and ex penses of any nature whatsoever, whether known, unknown, suspected, or claimed, arising from, out of, or relating to the LPO Claim. LPO agrees that the waiver and release set forth in this paragraph is knowing, voluntary, and constitutes a full and final release as to the LPO Claim.

Cit
y, on its behalf and on b ehalf of any and a ll of its elected of ficials, of ficers, directors, employees, agents, attorneys, designated volunteers, contractors, successors, assigns, agents, trustees, beneficiaries, and insurers (collectively “City-Affiliated Parties”) forever release, waive, and discharge LPO and its respective agents, attorneys, servants, insurers, heirs, spouses, domestic partners, children, parents, executors, administrators, assigns, estate, p redecessors, predecessors-in-interest, successo rs, successors-in- interest, s ubsidiaries, af filiates, trustees, bene ficiaries, assig nors, v endees, lessees, representatives, attorneys, principals , employees, officers, directors, members, managers, shareholders, stockholders, partners, owners, alter egos, persons, and entities now or in the futu re holding inte rest in the Center (collectively “ LPO-Related Pa rties”) from a ll claims, demands, obligations, liabilities, actions, causes of action, damages, losses, costs, and expenses of any nature whatsoever, whether known, unknown, suspected, or claimed, arising from, out of, or relating to the City Claim. City agrees that the waiver and release set forth in this paragraph is knowing, voluntary, and constitutes a full and final release as to the City Claim.

5. Limitation on Released Cl aims. The releases granted in this Settlement Agreement do not extend to or limit a Party’s right to enforce this Settlement Agreement or the Public Safety Agreement according to their terms.

6. No Other Claims. L PO and City represent and warrant that they have not filed any complaints, claims, or actions against the other Party and that, if any agency or court assumes jurisdiction of any comp laint, claim, or action against the City or LPO on behalf of the other Party arising out of the same fac ts and circumst ances descri bed in this Settlement Agreement or related to the City Claim or the LPO Claim (as applicable), the other Party will direct that agency or court to withdraw from or dismiss the matter with prejudice.

7. Discovery of Ad ditional Facts and Law. The Parties acknowledge that they might discover facts or law different from or in addition to t hose which they now kno w about the claims, demands, obligations, liabilities, actions, causes of action, dam ages, Docusign Envelope ID: 137D8906-FA85-4D88-86FC-E33D9556ED97

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Settlement Agreement Page 5 of 8
loses, costs, and expenses released in this Settlement Agreement. The releases in this Settlement A greement s hall remain in effect as comp lete and general releases, notwithstanding such additional facts or law.

8. No Admissions . The Parties understand and agree that this settlement is entered into as a comp romise of dis puted claims and conten tions, and that neither this Settlement Agreement nor any other act taken in connection with or in furtherance of this Settlement Agreement shall be deemed an admission of any kind on the part of any of the Parties to th is A greement, a ll of whom expressly deny l iability. The Pa rties furt her understand that by entering into this Settlement Agreement, the other Party denies that it engaged in, or is engaging in, any unlawful conduct or practice. The Parties understand, rather, that the other Party is entering this Settlement Agreemen t with the intent of avoiding further expense or litigation.

9. Warranty of Capacity to Execute Agreement. The signatories to this Settlement Agreement represent and warrant that each has full and unconditional power and authority to enter into this Settlement Agreement and legally bind their respective parties to all terms and conditions of th is Settlement Agreement. The Parties to this Settlement Agreement also represent and warrant that each has full and unconditional authority to enter into this Settlement Agreement.

10. No Assignment. The Pa rties rep resent and warrant t hat they ha ve the exclusive ri ght to the Sett lement Consideration as well as the claims, d isputes, and matters encompassed in and related to this Settlement Agreement. The Pa rties further represent and warrant that they have not assigned or transferred, or purported to assign or transfer, any claim, dispute, or other matter released by this Settlement Agreement.

11. Indemnification. In the event that either Party assigned or transferred, or purported to assign or transfer, the Set tlement Consideration or any claim, dispute, or other matter released by this Settlement Agreement in violation of this agreement , the assigning Party shall defend, indemnify and hold the other Party ( and the Ci ty-Related Parties or LPO-Related Parties, as applicable) harmless from and against any loss, cost, claim, or expense, including, but not l imited to, a ll costs related to the def ense of any action and any reasonable attorneys’ fees based upon, ari sing out o f, or incurred as a result of any such claim, assignment, or transfer.

12. Successors. This Settlement Agreement shall bind and inure to the benefit of the respective successors and assigns for each Party.

13. Attorneys’ Fees and Costs. The Parties agree that each of them wi ll bear their own costs, expenses, and attorneys’ fees incurred in connection with this Settlement Agreement. But if legal action is re quired to enforce or interpret any p rovision of th is Settlement A greement, th e prevailing party is en titled to recover t heir actual and documented atto rneys’ f ees or cos ts act ually incurred and paid in any such a ction, including expert fees.

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Settlement Agreement Page 6 of 8

14. Parties Represented. The Parties to this Settlement Agreement have been advised and represented by counsel regarding this agreement and the legal consequences of this agreement or had the op portunity to be advised and rep resented by counsel but knowingly and intentionally chose not to do so. The Parties to this Settlement Agreement represent and warrant that: (1) the agreement has been completely read and explained to th e Parties by th at Pa rty’s attorneys, or, if a Party chose not to be represented by counsel, that they have carefully read and understood the contents of this agreement; and, (2)
that they ha ve freely, knowingly, and vol untarily entered into this agreement and, i f represented by counsel, did so on the advice of counsel.

15. Voluntary Arm’s Length Negotiations. This Settlement Agreement is the result of arm’s- length ne gotiations between the Pa rties. The re is no con fidential or fiduciary relationship betw een the Pa rties. The Pa rties acknowledge and agree that neither has offered legal advice to the other and that neither has relied on the ot her for legal advice. The Pa rties f urther acknow ledge and agree that neither has relied on representations or state ments m ade by the other or t heir a gents, at torneys, or representatives re garding the sub ject matter, basis, or effect of this agreem ent, other than as specifically sta ted in this Agreement.

16. Entire Agreement. This Settlement Agreement c onstitutes the comple te and entire understanding be tween the Pa rties as to the mat ters set fo rth in th is agreement. Other than as set fo rth in this agreement and the Public Safety Agreement expressly incorporated by reference, there are no representations, warranties, promises, agreements, or arrangements of any kind, whether express or implied.

17. Taxes. L PO understands and agrees that the City did not provide LPO with any tax advice o r make any re presentations about th e tax c onsequences of thi s Settlement Agreement. L PO furt her represents and warr ants that t hey have not relied o n any representations about the tax consequences of this Settlement Agreement, except those representations made by LPO’s agents and representatives, which expressly exclude the City and the City-Related Parties. If any taxing authority determines that the Settlement Consideration is taxable, LPO shall be solely responsible for all taxes. Should any administrative, judicial, or other a ction be instituted to collect taxes from the City for any amount
s paid to LPO in connection with this Settlement Agreement, LPO agrees to defend, indemnify, and hold the City harmless from liability to any tax authority.

18. Construction of Agreement. The Pa rties acknowledge that all Parties to this Settlement A greement have participated in its d rafting, and ag ree that unce rtainties or ambiguities, if any, shall not be construed or interpreted against any Party.

19. Enforceability. The Pa rties fu rther agree t hat in the event th is Settlement Agreement is b reached, th is agreement may be introduced into a p roceeding for the enforcement of th e s ame and t herefore s pecifically waive the p rotections of Evidence Code sections 1123 and 1152.

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Settlement Agreement Page 7 of 8

20. No W aiver. The failu re or delay by one Party to require performance of any provision of this agreement shall not affect that Party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

21. Severability. If any provision o f th is agreement is he ld invalid, unenforceable, or contrary to public policy, law, statute, or ordinance, then the remainder of the agreement shall be unaffected, valid, and fully enforceable.

22. Survival. The terms, c onditions, and obligations of Parag raphs 6, 11, 17, and 19 shall survive the completion of this Settlement Agreement.

23. Modifications. The Parties may modify or amend this Settlement Agreement only by a writing signed by all Parties.

24. Governing Law. This agreement shall be i nterpreted under the laws of the State of California and any action brought to enforce or interpret this agreement shall be venued in the Superior Court of the State of California for the County of Alameda.

25. Section Headings. All section headings in this agreement were inserted for ease of reference only. The section headings shall not affect the interpretation of this agreement.

26. Counterparts. This agreement may be executed in co unterparts, ea ch of which shall be deemed an orig inal, but a ll of which taken together shall cons titute one agreement. The Pa rties shall be bo und by t heir signatures transmitted electronically or by facsimile as if such signatures were original “ink” signatures.

27. Good Faith. The Parties agree t hat the s ettlement embodied in t his Agreement is made in good faith pursuant to California Code of Civil Procedure section 877.6 et seq. The Parties further agree to act in good faith and to cooperate fully with each other in carr ying out the intent of th is ag reement and ag ree to execute a ll add itional documents that a re reason ably necessary to carry out the intent and p rovisions of th is agreement.

IGNATURES ON FOLLOWING PAGE
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154
Settlement Agreement Page 8 of 8
IN
WITNESS WHEREOF, LPO and City have hereunto executed this Agreement as of the dates indicated below.

LPO:

VERMORE PREMIUM OUTLETS, LLC,
a Delaware limited liability company
By: LIVERMORE VALLEY MEZZANINE LLC,
a Texas limited liability company,
its sole member
By: LIVERMORE MEZ MEMBER, LLC,
a Delaware limited liability company,
its sole member
By: _
__________________________
Name: _John Rulli __________________
Title: _Vice President______________
Da
te:____________________________
CITY OF LIVE RMORE:

By: _
__________________________
Name: _Marianna Marysheva_________
Title: _City Manager_______________
Da
te:____________________________
APPR
OVED AS TO FORM:
____
_______________________
De
puty/Assistant/City Attorney
Docusign Envelope ID: 137D8906-FA85-4D88-86FC-E33D9556ED97 11/20/2024 | 1:53 PM PST

EXHIBIT A
155

CITY COUNCIL STAFF REPORT
ITEM NO. 5.11

DATE:

December
9, 2024
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution accepting annual special tax and bond accountability reports for Fiscal Year 2023-24 Community Facilities District No. 99-1 (Tri-Valley Technology Park), 2009-1 (El Charro), 2012-1 (El Charro Maintenance), 2015-1 (Brisa Maintenance), 2016-1 (Sage Maintenance), 2016-2 (Shea Properties), 2018-1 (Auburn Grove), and 2021-1 (Maintenance and Public Services).

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution accepting annual special tax and bond accountability reports for Fiscal Year 2023-24 Community Facilities District No. 99-1 (Tri-Valley Technology Park), 2009-1 (El Charro), 2012-1 (El Charro Maintenance), 2015-1 (Brisa Maintenance), 2016-1 (Sage Maintenance), 2016-2 (Shea Properties), 2018-1 (Auburn Grove), and 2021-1 (Maintenance and Public Services).

SUMMARY
The Local Agency Special Tax and Bond Accountability Act (SB 165) stipulates that a report be filed annually with the governing body of any agency imposing special taxes or issuing bonds subject to voter approval after January 1, 2001. The annual report is required to contain the amount of funds collected and expended as well as the status of any project required or authorized to be funded as identified in subdivision (a) of Section 53410. The annual report must be filed no later than December 31st. The City currently administers eight community facilities districts which are subject to these reporting requirements.

DISCUSSION
The Local Agency Special Tax Bond and Accountability Act is enacted by SB165 and codified in the California Government Code Sections 50075 through 50077 and 53410 through 53412. This Act requires:
that any local special tax measure subject to voter approval contain a statement indicating the specific single purpose of the special tax;
that the proceeds of the special tax be applied to that purpose; 156
the creation of an account into which the proceeds shall be deposited and an annual report containing the following information:
i. The amount of special taxes that have been collected and expended; ii. The status of any project required or authorized to be funded by the special taxes.

The Act imposes similar accountability requirements with respect to any local bond measure that is subject to voter approval that would provide for the sale of bonds by a local agency. These requirements only apply to local agencies that have imposed special taxes or issued bond measures subject to voter approval after January 1, 2001. The annual report must be filed no later than December 31st.

The City currently has the following eight community facilities districts which are subject to these reporting requirements:
1 .

City of Livermore Community Facilities District No. 99-1 (Tri-Valley Technology Park) (“CFD 99- 1”),
2 .

City of Livermore Community Facilities District No. 2009-1 (El Charro) (“CFD 2009-1”), 3 .

City of Livermore Community Facilities District No. 2012-1 (El Charro Maintenance) (“CFD 2012- 1”),
4 .

City of Livermore Community Facilities District No. 2015-1 (Brisa Maintenance) (“CFD 2015-1”), 5 .

City of Livermore Community Facilities District No. 2016-1 (Sage Maintenance) (“CFD 2016-1”), 6 .

City of Livermore Community Facilities District No. 2016-2 (Shea Properties) (“CFD 2016-2”), 7 .

City of Livermore Community Facilities District No. 2018-1 (Auburn Grove) (“CFD 2018-1”), and 8 .

City of Livermore Community Facilities District No. 2021-1 (Maintenance and Public Services) (“CFD 2021-1”).

The CFD 99-1 was established pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Mello-Roos Act”), on January 10, 2000, and thereafter amended on March 13, 2000. On May 11, 2015, the City issued the bonds in the principal amount of $15,655,000 for and on behalf of the CFD 99-1 for the defeasance and refunding in full of an outstanding series of bonds previously issued in 2000 in order to take advantage of the low interest rate environment, which resulted in significant savings to the property owners located within CFD 99-1.

On March 24, 2009, the City of Livermore formed the CFD 2009-1 in accordance with the Mello-Roos Act. The City has issued the following debt issues for and on behalf of the CFD 2009-1:

On June 1, 2015, the City entered into a special tax loan agreement with Livermore Premium Outlets, LLC with respect to its “Improvement Area No. 1”, under which Livermore Premium Outlets LLC (the Lender) loaned $19,632,406.03 to the District for the purpose of refinancing two previous loans made to the District on behalf of the CFD 2009-1 by the Lender and to finance the acquisition and construction of certain public facilities.

In 2016, the City issued bonds with respect to Improvement Area No. 2, to finance (i) a lease payment obligation of Improvement Area No. 2, and (ii) the acquisition and construction of the public infrastructure for the remaining phases of the El Charro Infrastructure. The Special Tax Bonds, designated as the “City of Livermore Community Facilities District No. 2009-1 (El Charro) 2016 Special Tax Bonds (Crosswinds Church) Improvement Area No. 2”, were issued on September 1, 2016, totaling $4,611,053 to pay for these obligations and improvements.

On July 14, 2017, the City issued a special tax note in the amount of $3,093,460.34 with respect to 157
Improvement Area No. 3. This note evidences the obligations of the District under a Loan Agreement dated as of July 1, 2017 by and between the District and Livermore Investments, LLC, as lender, for the purpose of prepaying a lease payment obligation of Improvement Area No. 3 and financing acquisition and construction of public facilities.

On June 25, 2012, under the provision of the Mello-Roos Act, the City formed the City of Livermore CFD 2012-1 (El Charro Maintenance). This district was created to finance certain municipal services by levying annual special taxes in the area of the CFD. The annual special taxes will be levied in perpetuity, as long as service continues to be provided.

On February 23, 2015, under the provision of the Mello-Roos Act, the City formed the City of Livermore CFD 2015-1 (Brisa Maintenance). This district was created to finance certain municipal services by levying annual special taxes in the area of the CFD. The annual special taxes will be levied in perpetuity, as long as service continues to be provided.

On March 14, 2016, under the provision of the Mello-Roos Act, the City formed the City of Livermore CFD 2016-1 (Sage Maintenance). This district was created to finance certain municipal services by levying annual special taxes in the area of the CFD. The annual special taxes will be levied in perpetuity, as long as service continues to be provided.

In 2016, under the provisions of the Mello-Roos Act, the City formed the City of Livermore CFD 2016-2 (Shea Properties) to refinance the $10,000,000 Special Tax Bonds, Series 2006 issued for and on behalf of the Community Facilities District No. 2006-1. The City issued the CFD 2016-2 (Shea Properties) Special Tax Refunding Bonds, Series 2016 totaling $10,015,000 on December 22, 2016.

On September 11, 2018, under the provision of the Mello-Roos Act, the City formed the City of Livermore CFD 2018-1 (Auburn Grove). This district was created to finance certain municipal services by levying annual special taxes in the area of the CFD. The annual special taxes will be levied in perpetuity, as long as service continues to be provided.

On July 12, 2021, under the provision of the Mello-Roos Act, the City formed the City of Livermore CFD 2021-1 (Maintenance and Public Services). This district was created City-wide and allows for future annexations into the CFD. It was formed to finance certain municipal services by levying annual special taxes in the area of the CFD. The annual special taxes will be levied in perpetuity, as long as service continues to be provided.

The annual special tax and bond accountability reports for the above mentioned CFDs are included as exhibits to the resolution. These reports provide explicit public accountability for the amount of funds collected and expended, the specific purpose of those funds, as well as the status of projects authorized through the CFDs.

FISCAL AND ADMINISTRATIVE IMPACTS

There is no fiscal impact associated with accepting the special tax and bond accountability reports.

COMMUNITY PILLAR

5: A City That Works
158

GOAL

17: Ensure effective use of public resources

ATTACHMENTS

1. Resolution

2. Exhibit A - STBAR CFD 99-1 Tri-Valley

3. Exhibit B - STBAR 2009-1 El Charro

4. Exhibit C - STBAR CFD 2012-1 El Charro

5. Exhibit D - STBAR CFD 2015-1 Brisa

6. Exhibit E - STBAR CFD 2016-1 Sage

7. Exhibit F - STBAR CFD 2016-2 Shea Properties

8. Exhibit G - STBAR CFD 2018-1 Auburn Grove

9. Exhibit H - STBAR CFD 2021-1 Maintenance and Public Services

Prepared by: David
Doyle
Accounting Supervisor

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ACCEPTING ANNUAL SPECIAL TAX AND BOND
ACCOUNTABILITY REPORTS FOR FISCAL YEAR 2023-24
COMMUNITY FACILITIES DISTRICTS NO. 99-1 (TRI-VALLEY TECHNOLOGY PARK), 2009-1 (EL CHARRO), 2012-1 (EL CHARRO MAINTENANCE), 2015-1 (BRISA MAINTENANCE), 2016-1 (SAGE MAINTENANCE), 2016-2 (SHEA PROPERTIES), 2018-1 (AUBURN GROVE), and 2021-1 (MAINTENANCE AND

PUBLIC SERVICES)
The Local Agency Special Tax and Bond Accountability Act, enacted by Senate Bill 165 (Reg. Sess.1999-2000) and codified as part of California Government Code sections 50075 through 50077 and 53410 through 53412, requires local agencies that have imposed special taxes or issued bond measures subject to voter approval after January 1, 2001, to submit an annual report to its governing body.

Staff has completed the Fiscal Year 2023-24 annual special tax and bond accountability reports for the following community facility districts to comply with the requirements of California Government Code sections 50075.3 and 53411:

1. City of Livermore Community Facilities District No. 99-1 (Tri-Valley Technology Park);

2. City of Livermore Community Facilities District No. 2009-1 (El Charro);

3. City of Livermore Community Facilities District No. 2012-1 (El Charro Maintenance);

4. City of Livermore Community Facilities District No. 2015-1 (Brisa Maintenance);

5. City of Livermore Community Facilities District No. 2016-1 (Sage Maintenance);

6. City of Livermore Community Facilities District No. 2016-2 (Shea Properties);

7. City of Livermore Community Facilities District No. 2018-1 (Auburn Grove); and

8. City of Livermore Community Facilities District No. 2021-1 (Maintenance and Public Services).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby receives and accepts the annual special tax and bond accountability reports for the following community facility districts:

1. City of Livermore Community Facilities District No. 99-1 (Tri-Valley Technology Park), attached hereto as Exhibit A;

2. City of Livermore Community Facilities District No. 2009-1 (El Charro), attached hereto as Exhibit B;

3. City of Livermore Community Facilities District No. 2012-1 (EL Charro Maintenance), attached hereto as Exhibit C;

4. City of Livermore Community Facilities District No. 2015-1 (Brisa Maintenance), attached hereto as Exhibit D;
160
RESOLUTION NO. _________

5. City of Livermore Community Facilities District No. 2016-1 (Sage Maintenance), attached hereto as Exhibit E;

6. City of Livermore Community Facilities District No. 2016-2 (Shea Properties), attached hereto as Exhibit F;

7. City of Livermore Community Facilities District No 2018-1 (Auburn Grove), attached hereto as Exhibit G; and

8. City of Livermore Community Facilities District No. 2021-1 (Maintenance and Public Services), attached hereto as Exhibit H.

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on December 9, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Molly A. O’Toole___________ Deborah L. Elam Molly A. O’Toole
City Clerk Deputy City Attorney
Exhibit A – Report for CFD No. 99-1 (Tri-Valley Technology Park) Exhibit B – Report for CFD No. 2009-1 (El Charro)
Exhibit C – Report for CFD No. 2012-1 (El Charro Maintenance) Exhibit D – Report for CFD No. 2015-1 (Brisa Maintenance) Exhibit E – Report for CFD No. 2016-1 (Sage Maintenance) Exhibit F – Report for CFD No. 2016-2 (Shea Properties) Exhibit G – Report for CFD No. 2018-1 (Auburn Grove)
Exhibit H – Report for CFD No. 2021-1 (Maintenance and Public Services) 161
COMMUNITY FACILITIES DISTRICT NO. 99-1 TRI-VALLEY

TECHNOLOGY PARK LOCAL AGENCY SPECIAL TAX AND

BOND ACCOUNTABILITY REPORT
Senate Bill 16
5 enacted the Local Agen cy Special Tax and Bond Accountability Act. This Act requires that any local special tax/local bond measure subject to voter approval contain a statement indicati ng the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to bonds issued on or after January 1, 2001 in accordance with Section 50075.1 or Section 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation (bond issuance) of the Special Tax District and others are handled through annual reports. This Report intends to comply with Sections 50075.3 and 53411 of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The Annual report shall contain all of the following:
(a) The amount of funds collected and expended.
(b) The status of any project required or authorized to be funded as identified in subdivision (a) of Sections 50075.1 and 53410.”
The re
quirements of the Act apply to the Funds of:

City of Livermore
Community Facilities District No. 99-1
(Tri-Valley Technology Park)
Special Tax Refunding Bonds, Series 2015
June 18, 2015
Purpose of Special Tax
For the pay
ment of principal and interest on any outstanding Bonds becoming due and payable during the ensuing calendar year, any necessary replenishment or expenditure of the Reserve Fund, and an amount estimated to be sufficient to pay the Administrative Expenses (including amounts necessary to discharge any rebate obligation) during the ensuing year.

Reporting Requirements
Fund
06/30/2023
Balance
FY 2023/24
Amount
Collected
06/30/2024
Balance
Expended
Amount Project Status
Special Tax
Fund $2,310,104.54 $1,274,446.52 $2,199,078.69 $1,385,472.37 Complete

EXHIBIT A
162
COMMUNITY FACILITIES DISTRICT NO. 2009-1 EL CHARRO

LOCAL AGENCY SPECIAL TAX AND BOND ACCOUNTABILITY
REPORT
Senate Bill 165, filed with the Secretar
y of State on September 19, 2000, enacted the Local Agency Special Tax and Bond Accountability Act (the “Act”). This Act requires that any local special tax or local bond measure subject to voter approval contain a statement indicating the specific purpo ses of the special tax, require that the proceeds of the special tax be applied to those purposes, require the crea tion of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to any local special tax measure or local bond measure adopted on or after January 1, 2001, in accordance with Section 50075.1 or Section 53410 of the California Government Code.

Some of the requirements of the Act are handled at the formation of the Special Tax District and others are handled through annual reports. This Section of this report intends to comply with Sections 50075.3 and 53411 of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain both of the following:

1. The amount of funds collected and expended.

2. The status of any project required or authorized to be f unded as identified in subdivision (a) of Sections 50075.1 and 53410.”
City of Livermore
Community Facilities District No. 2009-1
El Charro
Purpose of Special Tax
On March 24, 2009, the City of Livermore formed Community Fa cilities District No. 2009-1 (El Charro) to finance the acquisition and construction of the facilities including but not limited to streets, transportation facilities, utilities, and public landscaping
Reporting Requirements
Fund
06/30/2023
Balance
FY 2023/24
Amount
Collected
06/30/2024
Balance
Expended
Amount Project Status
Special Tax $267,245.04 $2,053,606.72 $277,438.43 $2,043,413. 33 Complete

EXHIBIT B
163

CITY OF LIVERMORE
COMMUNITY FACILITIES DISTRICT NO. 2012-1 FISCAL YEAR 2024-25 (EL CHARRO MAINTENANCE) APPENDIX E
E-1
City of Li
vermore
Community Facilities District No. 2012-1
(El Charro Maintenance)
Purpose:

The City Council (“City”) of the City of Livermore (“City ”) approved the Resolution of Formation to establish City of Livermore Community Facilities District No. 2012-1 (“CFD”) on June 25, 2012. The CFD was created to provide a funding mechanism to fund, in whole or in part, the annual cost to obtain, service, maintain, and replace public improvements associated with streetscape, storm and cr eek drainage, parks, trails, any costs to administer the CFD, along with any other aut horized services approved at the time of formation. The annual special taxes will be levied in perpetuity, as long as services continue to be provided.

Fiscal Year 2023-24 Revenues and Expenses:

Description
Fiscal Year
2023-24 Total
Revenues1
Special Taxes $418,793.75
Other $0.00
Total Revenues $418,793.75
Expenses
Water $18,932.95
PG&E $360.41
AT&T $116.76
Landscape Materials $0.00
Irrigation Materials $206.67
Backflow $235.00
Contract Services $136,952.65
Land Lease $0.00
Maintenance Materials $0.00
Employee Cost $10,054.70
Equipment Purchase Reserve2 $36,319.09
Admin Fee $17,727.08
Indirect Expenditures $10,411.63
Total Expenses $231,316.94
Fund Balance Information3
Beginning Balance $2,102,030.40
Ending Balance $2,289,507.21
1Special Taxes are equal to the amount collected in Fiscal Year 2023-24 and any additional revenues are identified as Other, unless otherwise identified.
2Equipment Purchase Reserve funds are set aside to purchase equipment that will be used to perform CFD funded services. 3Fund Balances are used for an operating reserve and allowed to accumulate for the replacement of authorized improvements.

EXHIBIT C
164

CITY OF LIVERMORE
COMMUNITY FACILITIES DISTRICT NO. 2015-1 FISCAL YEAR 2024-25 (BRISA MAINTENANCE) APPENIDX E
E-1
City of Livermore
Community Facilities District No. 2015-1
(Brisa Maintenance)
Purpose:

The City Council (“Council”) of the City of Livermore (“City”) approved the Resolution of Formation to establish City of Livermore Community Facilities District No. 2015-1 (“CFD”) on February 23, 2015. The CFD was created to provide a funding mechanism to fund, in whole or in part, the cost of maintenance, servicing, repair, replacement and removal of public parkways, landscape setbacks, public parks, open space, environmental preserves, publicly owned masonry walls, fences, park monuments and features, bio - retention facilities, drainage facilities, trails, bike paths, and landscape medians in roadways both in and outside the CFD within the boundaries of the City, if the City has concluded that such maintenance would benefit the CFD. Additionally, the CFD will cover the costs associated with cleaning and removal of graffiti, associated electric, water, and other utility costs as well as setting, levy and collection of the annual special taxes and other contingency costs , any costs to administer the CFD, and a ny other authorized services approved at the time of formation. The annual special taxes will be levied in perpetuity, as long as services continue to be provided.

Fiscal Year 2023-24 Revenues and Expenses:

Description
Fiscal Year
2023-24 Total
Revenues1
Special Taxes $165,991.02
Other $0.00
Total Revenues $165,991.02
Expenses
Water $27,608.32
PG&E $2,123.21
Contract Services $55,698.22
Landscape Materials $0.00
Irrigation Materials $0.00
Backflow $150.00
Repairs and Maintenance $0.00
Maintenance Materials $63.92
Employee Cost $5,068.68
Equipment Purchase Reserve 2 $1,160.00
Other Replacement Reserve $0.00
Swale Replacement $0.00
Admin Fee $9,749.67
Indirect Expenditures $6,784.38
Total Expenses $108,406.40
Fund Balance Information3
Beginning Balance $890,842.09
Ending Balance $948,426.71
1Special Taxes are equal to the amount collected in Fiscal Year 2023-24 and any additional revenues are identified as Other, unless otherwise identified.
2Equipment Purchase Reserve funds are set aside to purchase equipment that will be used to perform CFD funded services. 3Fund Balances are used for an operating reserve and allowed to accumulate for the replacement of authorized improvements.

EXHIBIT D
165

CITY OF LIVERMORE
COMMUNITY FACILITIES DISTRICT NO. 2016-1 FISCAL YEAR 2024-25 (SAGE MAINTENANCE) APPENDIX E
E-1
City of Livermore
Community Facilities District No. 2016-1
(Sage Maintenance)
Purpose:

The City Council (“Council”) of the City of Livermore (“City”) approved the Resolution of Formation to establish City of Livermore Community Facilities District No. 2016 -01 (“CFD”) on March 14, 2016. The CFD was created to provide a funding mechanism to fund, in whole or in part, the cost of maintenance, servicing, repair, replacement, and removal costs associated with park and specified services, such as storm water bio - retention basins and drainage facilities, open space, environmental preserves, along with any other authorized services approved at the time of formation. Additionally, the CFD will cover the costs associated with setting, levy and collection of the annual special taxes and other contingency costs , any costs to administer the CFD, along with any other authorized services approved at the time of formation. The annual special taxes will be levied in perpetuity, as long as services continue to be provided.

Fiscal Year 2023-24 Revenues and Expenses:

Description
Fiscal Year
2023-24 Total
Revenues1
Special Taxes $130,034.35
Other $0.00
Total Revenues $130,034.35
Expenses
Water $0.00
PG&E $974.50
Contract Services $37,433.74
Landscape Materials $578.81
Irrigation Materials $0.00
Backflow $365.00
Repairs and Maintenance $0.00
Maintenance Materials $61.58
Employee Cost $5,912.20
Equipment Purchase Reserve2 $750.00
Other Replacement Reserve $0.00
Swale Replacement $0.00
Admin Fee $5,049.86
Indirect Expenditures $5,172.81
Total Expenses $56,298.50
Fund Balance Information3
Beginning Balance $780,897.34
Ending Balance $854,633.19
1Special Taxes are equal to the amount collected in Fiscal Year 2023-24 and any additional revenues are identified as Other, unless otherwise identified.
2Equipment Purchase Reserve funds are set aside to purchase equipment that will be used to perform CFD funded services. 2Fund Balances are used for an operating reserve and allowed to accumulate for the replacement of authorized improvements.

EXHIBIT E
166
COMMUNITY FACILITIES DISTRICT NO. 2016-2

SHEA PROPERTIES LOCAL AGENCY SPECIAL TAX AND

BOND ACCOUNTABILITY REPORT
Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency Special Tax and Bond Accountability Act (the “Act”). This Act requires that any local special tax or local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to any local special tax measure or local bond measure adopted on or after January 1, 2001, in accordance with Section 50075.1 or Section 53410 of the California Government Code.

1. The amount of funds collected and expended.

2. The status of any project required or authorized to be funded as identified in subdivision (a) of Sections 50075.1 and 53410.”
The requirements of the Act apply to the Funds of:

City of Livermore
Community Facilities District No. 2016-2
(Shea Properties)
Special Tax Refunding Bonds, Series 2016
December 22, 2016
Purpose of Special Tax
For the payment of principal and interest on any outstanding Bonds becoming due and payable during the ensuing calendar year, any necessary replenishment or expenditure of the Reserve Fund, and an amount estimated to be sufficient to pay the Administrative Expenses (including amounts necessary to discharge any rebate obligation) during the ensuing year.

Reporting Requirements
Fund
06/30/2023
Balance
FY 2023/24
Amount
Collected
06/30/2024
Balance
Expended
Amount Project Status
Special Tax
Fund $650,714.09 $778,599.33 $703,080.01 $726,233.41 Complete

EXHIBIT F
167
COMMUNITY FACILITIES DISTRICT NO. 2018-1 AUBURN

GROVE LOCAL AGENCY SPECIAL TAX AND BOND

ACCOUNTABILITY REPORT
Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local special tax or local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to any local special tax measure or local bond measure adopted on or after January 1, 2001 in accordance with Section 50075.1 of the California Government Code.

Some of the requirements of the Act are handled at the formation of the special tax district and others are handled through annual reports. This section of this report intends to comply with Section 50075.3 of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain all of the following:
(a) The amount of funds collected and expended.
(b) The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1.”
The requirements of the Act apply to the Funds of:

City of Livermore
Community Facilities District No. 2018-1
District Formed September 11, 2018
Purpose of Special Tax
Community Facilities District No. 2018-1 (Auburn Grove) (the “District”) was formed to fund the
maintenance, servicing, repair, replacement, and removal of trees, shrubs, plantings and irrigation systems together with AC pathway/trail with decomposed granite shoulders together with, root deflection and masonry walls. Maintenance also includes cleaning and removal of graffiti and associated electrical, water, and other utility costs.

Collections & Expenditures
Fund
06/30/2023
Balance
FY 2023/24
Amount
Collected
06/30/2024
Balance
Expended
Amount Service Status
Special Tax
Fund $86,779.37 $21,385.34 $98,502.52 $9,662.19 Ongoing

EXHIBIT G
168
COMMUNITY FACILITIES DISTRICT NO. 2021-1 LOCAL

AGENCY SPECIAL TAX AND BOND ACCOUNTABILITY
REPORT
Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act requires that any local special tax or local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to any local special tax measure or local bond measure adopted on or after January 1, 2001 in accordance with Section 50075.1 of the California Government Code.

City of Livermore
Community Facilities District No. 2021-1
District Formed July 12, 2021
Purpose of Special Tax
Community Facilities District No. 2021-1 (the “District”) was formed to fund the maintenance of a multi- use trail, bioretention planter, roadside swales and landscaping along the south side of West Jack London Boulevard. In addition, the maintenance and lighting of parks, parkways, streets, roads and open space, and flood and storm protection services.

Collections & Expenditures
Fund
06/30/2023
Balance
FY 2023/24
Amount
Collected
06/30/2024
Balance
Expended
Amount Service Status
Special Tax
Fund $40,091.34 $20,346.14 $57,799.84 $2,637.64 Ongoing

EXHIBIT H
169

CITY COUNCIL STAFF REPORT
ITEM NO. 5.12

DATE:

December
9, 2024
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution amending the City of Livermore Salary Plan to reflect adjustments to the Unclassified and Hourly salary schedule to implement increased minimum wage adjustments in accordance with California Code of Regulations, Title 2, Section 570.5 and establish a new classification of Water Resources Technical Programs Manager - PE (Class Code 2231) and assign it to the Livermore Management Group salary schedule.

RECOMMENDED ACTION

SUMMARY
Staff recommends approving the following changes to the salary plan:

1. Amend the Unclassified and Hourly salary schedule to increase the salary range of the Department Assistant and Field/Maintenance Aide to $16.50 - $30.00 per hour based on an increase to the state minimum wage and adjustment to the top of the salary range.

2. Amend the Unclassified and Hourly salary schedule to increase the bottom of the salary range for Law Clerk, Library Aide and Police Cadet to $16.50 per hour based on an increase to the state minimum wage.

3. Establish a new classification, Water Resources Technical Programs Manager - PE (Class Code 2231) and assign it to the Livermore Management Group salary schedule.

DISCUSSION
The minimum wage law requires an annual review of the wage rate using the U.S. Consumer Price Index for Urban Wage Earners and Clerical Workers (U.S. CPI-W). The Department of Finance calculated the 170
average U.S. CPI-W for the 12-month period from July 1, 2023, to June 30, 2024, increased by 3.18% compared to the 12-month period from July 1, 2022, to June 30, 2023. The calculated adjustment was less than the 3.5% rate of change cap and rounded to the nearest 10 cents per the minimum wage law.

On August 1, 2024, the Department of Finance certified the minimum wage will increase to $16.50 per hour for all employees effective January 1, 2025. The minimum salary for the classifications of Department Assistant, Field/Maintenance Aide, Law Clerk, Library Aide, and Police Cadet will be increased to $16.50 per hour effective December 30, 2024. In addition, minor changes were made to the top of the salary ranges of Department Assistant and Field/Maintenance Aide to stay competitive and retain and attract temporary employees as well as appropriately compensate employees for the work being done.

The Water Resources Technical Programs Manager (Class Code 2230) is a current classification represented by the Livermore Management Group where a certificate of registration as a Professional Civil Engineer is a desirable certification but not required, however, it is beneficial to the City if an employee has one. The Water Resources Technical Programs Manager - PE (Class Code 2231) was created to recognize those employees who hold a certificate of registration as a Professional Civil Engineer and perform engineering work. We are recommending this new classification be assigned to the Livermore Management Group with a monthly salary range of $11,616.05 - $14,518.81.

FISCAL AND ADMINISTRTAIVE IMPACTS

The fiscal impact of these wage increases and addition of the Water Resources Technical Programs Manager - PE will be approximately
$25,000

and there are sufficient funds in the budget to cover the cost.

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 December 2024

Prepared by: Kristen Hilton
Human Resource Manager

171
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
172
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AMENDING THE CITY OF LIVERMORE SALARY
PLAN DATED DECEMBER 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 minimum wage increase and expand salary range for Department Assistant (Class Code 8200) and Field/Maintenance Aide (Class Code 8205) to $16.50 - $30 per hour.
 Incorporate minimum wage increase to $16.50 per hour for the following classifications: Law Clerk (Class Code 8210), Library Aide (Class Code 8215), and Police Cadet (Class Code 8220).
 Add new classification Water Resources Technical Programs Manager - PE (Class Code 2231) with a salary range of $11,616.05 - $14,518.81 to the Livermore Management salary schedule.

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 December 2024, attached hereto as Exhibit A.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on December 9, 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
City Clerk City Attorney
Exhibit A – Salary Plan dated December 2024
173
Salary

Plan
December
2024

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

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
185
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
2231 Water Resources Technical Programs Manager P.E.**
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
186
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 Network Engineer*
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
*Position Retitled from Systems Administrator
**Position Added - WR Technicial Programs Manager PE effective December 9, 2024

EXHIBIT A
187
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
188

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
189
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
190
Class
Code Classification Monthly Salary Range
1215 Administrative Services Director $16,846.32 - $21,057.90 1200 Assistant City Manager $18,172.50 - $22,715.62
1220 Community Development Director $16,846.32 - $21,057.90 1205 Deputy City Manager $14,447.69 - $18,059.62
1210 Deputy City Manager/City Clerk $14,447.69 - $18,059.62 1225 Innovation & Economic Development Dir $16,846.32 - $21,057.90 1230 Library Services Director $16,846.32 - $21,057.90
1235 Police Chief* $20,841.11 - $26,051.39
1240 Public Works Director $16,846.32 - $21,057.90
*2.5% Salary Adjustment effective 07/01/2024

CITY OF LIVERMORE

EXECUTIVE MANAGEMENT SALARY SCHEDULE
$16,846 - $26,052/month
Effective November 18, 2024

EXHIBIT A
191

CITY OF LIVERMORE

APPOINTED MANAGEMENT
Class
Code Classification Annual Salary Effective
1000 City Manager $370,656 11/18/2024

1100 City Attorney $315,269 11/18/2024

EXHIBIT A
192

CITY OF LIVERMORE

UNCLASSIFIED AND HOURLY SALARY SCHEDULE
Class
Code Classification Hourly Salary Range Effective Date 8200 Department Assistant $16.50 - $30.00 12/30/24
8205 Field/Maintenance Aide $16.50 - $30.00 12/30/24
8210 Law Clerk $16.50 - $26.00 12/30/24
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 $16.50 - $20.00 12/30/24
8220 Police Cadet $16.50 - $26.00 12/30/24
8225 Special Projects Coordinator $20.00 - $100.00 12/20/21

EXHIBIT A
193

CITY COUNCIL STAFF REPORT
ITEM NO. 5.13

DATE:

December
9, 2024
TO:

Honorable Mayor and City Council
FROM:

Brandon Cardwell, Innovation and Economic Development Director SUBJECT:

Resolution accepting the i-GATE Annual Report for Fiscal Year 2023-24.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution accepting the i-GATE Annual Report for Fiscal Year 2023-24.

SUMMARY
The City of Livermore's agreement with the Innovation for Green Advanced Transportation Excellence Development Corporation (i-GATE) requires that i-GATE provide an annual report outlining its accomplishments during the previous fiscal year and describing the organization's goals for the coming year. Staff recommends the City Council adopt a resolution accepting the i-GATE Annual Report for Fiscal Year 2023-24 (Exhibit A to the resolution).

DISCUSSION
On September 25, 2023, the City Council authorized the City Manager to execute an agreement to provide grant funding to the Innovation for Green Advanced Transportation Excellence Development Corporation (known as i-GATE) for Fiscal Year (FY) 2023-24 and FY 2024-25. The agreement was executed to encourage an innovation-driven economy by building a vibrant and diverse network of entrepreneurs and providing them with resources needed to succeed in Livermore and the Tri-Valley region. The City's agreement with i-GATE requires the organization to provide an annual report outlining its accomplishments during the previous fiscal year and describing the organization's goals for the coming year. A copy of the i-GATE Annual Report for FY 2023-24 (Exhibit A to the resolution) is attached. Staff recommends the City Council adopt a resolution accepting the i-GATE Annual Report.

FISCAL AND ADMINISTRATIVE IMPACTS

There are no additional fiscal and administrative impacts for accepting this report.

COMMUNITY PILLAR
194

2: Economy that Prospers

GOAL

3: Encourage an Innovation-Driven Economy

ATTACHMENTS

1. Resolution

2. Exhibit A - i-GATE Annual Report FY 2023-2024

Prepared by: Theresa de la Vega
Management Analyst II

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ACCEPTING THE INNOVATION FOR GREEN ADVANCED TRANSPORTATION EXCELLENCE DEVELOPMENT CORPORATION (i-GATE) ANNUAL REPORT FOR FISCAL YEAR 2023-2024
The terms and conditions in the agreement between the City of Livermore and the Innovation for Green Advanced Transportation Excellence Development Corporation (i- GATE), approved on September 25, 2023, requires i-GATE to report its accomplishments during the previous year to the City and to describe the organization’s goals for the upcoming year. The attached copy of i-GATE’s Annual Report FY 2023-2024 (Exhibit A) details its accomplishments in encouraging an innovation-driven economy by building a vibrant and diverse network of entrepreneurs and providing them with resources they need to succeed in Livermore and the Tri-Valley region.

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

1. Accepts i-GATE’s Annual Report for FY 2023-2024 attached as Exhibit A and presented with the Staff Report for this resolution.

On motion of Council Member _____________________, seconded by Council Member _____________________, the foregoing resolution was passed and adopted on December 9, 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 – i-GATE Annual Report FY 2023-2024
196
ANNUAL
REPORT
2 0
2 3
-
2 0
2 4
Photo by Spencer Toy

EXHIBIT A
197
About Us
i-GATE was founded in 2010 to
help science-based startups
succeed in the Tri-Valley.
i-GATE Innovation Hub is a non-profit organization focused on increasing economic prosperity through entrepreneurship in the Tri-Valley. i-GATE provides startup incubation resources through Daybreaks Labs and connects the regional innovation ecosystem through the Startup Tri-Valley initiative. To learn more, visit igatehub.org.
i-GATE Annual Report 2023-2024
Photo by Spencer Toy

EXHIBIT A
198
i-GATE Annual Report
2023- 2024
Our
Vision
Our
Mission
Help science-based
startups start and
succeed in the Tri-Valley.

Brand the Tri-Valley region as a
top location to start and grow
science-based startups.
1 Provide low cost lab space, tools,
and expertise that early stage
companies need to launch.
2 Create a fly-wheel of early, mid,
and later stage companies to fuel
a vibrant and diverse economy
that supports knowledge, trade,
and service workers.
3 Photo by Spencer Toy
EXHIBIT A 199
How We Do It
i-GATE Impact Report 2023

STARTUP TRI-VALLEY INITIATIVE

PROVIDES
Awareness
Recognition
Connectivity
for our region.

DAYBREAK LABS PROVIDES
Facilities
Access to funding & capital
Expertise
To reduce technical risk for
science-based startups that need
lab space and equipment to
launch.

City of Dublin Mayor
Melissa Hernandez
Welcoming Attendees to
the 2024 Tri-Valley AI
Summit

EXHIBIT A
200
i-GATE Impact Report 2023
Our Team
Board Chair
Elsie Quaite-Randall, PhD, MBA, has
served the past four plus years
ensuring that the innovative
technologies developed at Lawrence
Livermore National Laboratory have
the maximum possible impact on the
local, regional and national economy
through effective IP asset protection,
technology licensing, industry
engagement and new venture
formation.

Executive Director
Yolanda Fintschenko, PhD, is a scientist
who began creating marketing strategies
to sell products to scientists and
engineers in 2015 having cofounded two
businesses, Fixate.IO and
FounderTraction. Prior to this she served
as director of marketing and sales for
Labsmith, marketing manager for Thermo
Fisher Scientific, and a manager and
scientist at Sandia National Labs.

Yolanda
Fintschenko, PhD
Meryem
Rqibate, MD
Councilmember
Carling, PhD
Executive Director Board ChairOps Director
Mayor Melissa
Hernandez
Board Member
Councilmember
Testa

Caylin Howard,
SNL
Board memberBoard Member
Elsie-Quaite
Randall ,PhD,
MBA
Councilmember
Arnerich
Board Member
David Haubert,
County
Supervisor
Vice-Chair
Board Member
EXHIBIT A 201
i-GATE Impact Report 2023- 2024
Our Companies
Daybreak companies were
attracted to our location because
founders or key team members
live in or east of the Tri-Valley.

We hosted 11 companies thisfiscal
year across medical diagnostics,
medical devices, therapeutics,
deep tech and climate
technology.

TWENTYTWENTY

THERAPEUTICS
RUSHNU
Contact lenses as
diagnostics &
therapeutics

VEDA BIO ENCELLIN

FIRTILITY/PHOENIX

BIOSYSTEM
Rapid diagnostics
Carbon capture
Cell encapsulation for
cell-based therapeutics
Cancer diagnostics

AGEISBIO
Therapeutics for
age-related
disease
2023-2024 Companies Growing in the Tri-Valley
Moved to private
space in Livermore
in September 2023.

Moved to private
space in Pleasanton
in September 2023.

Clarica
Genomics
ZeroAvia
Hydrogen for
clean aviation
Moved to private
space in Livermore
in March 2024.

Bright Silicon
Technologies
Hydrogen for
clean aviation
Move to private
space in Livermore
in July 2024.

Biodegradable batteriesLiquid biopsy diagnostic Microgrid tech

CRITICAL LOOP

MAGVOLTS

ENERGY, INC

EXHIBIT A
202
i-GATE Impact report 2023-2024
Who We're Attracting
The challenge: to provide the
shared space, private space,
tissue culture, chemical hood,
and engineering, and capital
resources to support these
companies in Livermore until they
are in a position to acquire their
own space in the 2500-10,000
sq. foot range.

Companies expressing interest in
space at Daybreak Labs cover a
wide swathe of industries
including therapeutics, medical
technology, disease diagnostics,
life sciences tools, autonomous
industrial tools, biomanufacturing,
fabrication tools, and climate
tech.

Med tech
Autonomous industrial
vehicles
Climate tech
Therapeutics Life sciences tools
Biomanufacturing
Disease diagnostics Advanced Manufacturing

EXHIBIT A
203
Daybreak Labs opened in its new location at 7683 Southfront Rd, Ste. 230 in Livermore on October 1, 2022. In the 9 months remaining of the 2022-2023 FY, we onboarded 6 companies and and accepted 1 company to our residency program. In 2023-2024 FY, we saw 2 of these companies move to private space in the Tri- Valley and onboarded 5 more companies. One of the original 2022 companies, TwentyTwenty Therapeutics closed its doors May 2024, and Firtility/Phoenix Biosystems has left Daybreak Labs while waiting for follow on funding. The two Kickstart recipients awarded in October 2024 have delayed starting until their initial funding raise. As of June 2024, they have not raised sufficient money to start and are currently working while saving money and reapplying for grant and pre-seed funds.

STARTUP FUNDING - >$40M raised in 2023
Since joining, two early stage companies have raised funding, including a seed round and series A round.

JOB CREATION - 9 new positions created
9 new positions created within Daybreak Labs companies

WORKFORCE DEVELOPMENT
Daybreak Labs companies, with neighbors S2 Genomics and alumni Buzzkill Labs, hosted a teacher externship through Bay Area LEED in June 2023 and ROP class field trip in October 2023
Daybreak Labs KPIs
i-GATE Impact Report 2023 - 2024
Attracted >350 registrants to date

EXHIBIT A
204
Startup Tri-Valley KPIs
i-GATE Impact Report 2023-2024
Events
Branding the Tri-Valley as the place to start science-based startups April 25, 2023 WEBINAR
>100
Registered
August 29, 2023 IN PERSON EVENT
>100 Attendees

EXHIBIT A
205
Startup Tri-Valley KPIs
i-GATE Impact Report 2023-2024
Events, Continued
Branding the Tri-Valley as the place to start science-based startups 200 Attendees
October 18, 2023 IN PERSON
>35
Attendees

AI SERIES
April 17, 2023 IN PERSON
JUNE 26, 2024 IN PERSON
TBD

EXHIBIT A
206
https://startuptrivalley.org/podcast/
Benchmarks
>1700 downloads and growing (all time)
Av. 30 downloads/episode first week
Tri-Valley Audience
37% of audience from the Tri-Valley
11% of audience from SV & SF
Startup Tri-Valley KPIs
i-GATE Impact Report 2023-2024
Podcast
Branding the Tri-Valley as the place to start science-based startups 4 Seasons, 19 Episodes

EXHIBIT A
207
Startup Tri-Valley KPIs
i-GATE Impact Report 2023-2024
Press
Branding the Tri-Valley as the place to start science-based startups GOAL: Earned articles in Tri-Valley and East Bay media outlets.

ACHIEVED: 14 news articles in the last FY year.

Recent Articles from Pleasanton Weekly and SF Biz Times

EXHIBIT A
208
Summary
i-GATE Impact Report 2023-2024
We average 50% company capacity and 26 % of our rent costs at Daybreak Labs. Four companies have moved from Daybreak Labs and are now leasing space in Livermore and Pleasanton. We also raised $25K in additional recurring funds from County Supervisor Haubert’s office.

The funding picture for early stage companies is bleak. For this reason, we applied for two prizes, the DOE EPIC Prize for our climate tech EcoIgniter Program, and the SBA Growth Accelerator Fund competition. Neither were awarded. This money would be used to offer scholarships for startups to help them cover business formation costs and basic reagents. We are seeking corporate sponsorship to cover this program, workforce development activities such as internships, and ecosystem building events and programming.

We have one key partner, Kilpatrick Townsend, who is supporting us with content and funds for lunch and learns. In addition, they have offered a Kickstart Program where they will offer free, low cost, and delayed cost legal services including company formation, IP, and stock option structuring to very early stage companies. This program is by application only. We announced 2 recipients in Oct. 2024. They are deferring their start date after a funding event.

What Next?
Key steps to attract and support early stage science-based startups include: adding more equipment to support current uses and attract more biotechnology, chemistry, and engineered device companies; offering a scholarship to early stage founders so they can collect data and attract pre-seed investor money, acquiring or attracting second stage space for private lab space on the order of 150-3000 sq. feet for early stage companies to allow them to grow and gain independence while still using Daybreak Labs resources. To maximize our community impact, we plan to work with Las Positas College to embed i-GATE activities in campus life through events, internships, and other workforce development activities.

EXHIBIT A
209
Progress
i-GATE Impact Report 2023-2024
What Next?
Key steps to attract and support early stage science-based startups include: adding more equipment to support current uses and attract more biotechnology, chemistry, and engineered device companies; offering a scholarship to early stage founders so they can collect data and attract pre-seed investor money, acquiring or attracting second stage space for private lab space on the order of 150-3000 sq. feet for early stage companies to allow them to grow and gain independence while still using Daybreak Labs resources. To maximize our community impact, we plan to work with Las Positas College to embed i-GATE activities in campus life through events, internships, and other workforce development activities.

Evaluate our Kickstart Program applicants
2 recipients awarded
Continue events and podcast for Startup Tri-Valley
4 events this FY, 2 new
5 podcasts recorded this FY
Hire intern to dedicate to Startup Tri-Valley campaigns A Las Positas College intern started at i-GATE on June 3, 2024. Her internship is funded through the Learning-Aligned Employment Program (LAEP)
Add needed lab and other equipment to support current and future companies Battery back up for freezers
$200K of lab equipment acquired for $80K
Secure resources to expand space to offer private labs through Daybreak Labs We continue to work with the cities in the Tri-Valley to secure space Connect Daybreak Alums, local founders and experienced operators to new Daybreak Labs companies.

We have doubled our advisor network
Expand our investor network
We have added expanded our investor network to include climate tech investors Demonstrate deal flow
We average 50% capacity.Our goal is to average 70-80%.

EXHIBIT A
210

T R I V A L L E Y

STARTUP
Next
Steps
i-GATE Impact Report 2023-2024
Phone Number
925 231-2333
Email Address
[email protected]
Website
daybreaklabs.io
startuptrivalley.org
igateihub.org
Demonstrate deal flow
Secure philanthropic and grant
funding to support founders,
workforce development, and
ecosystem building activities.

Secure resources to expand
space to offer private labs
through Daybreak Labs
Increase community awareness
using outreach
Social media
In person or video briefings
Expand Startup Tri-Valley events
Increase involvement of Las
Positas College community
Add emerging topics like
climate tech and advanced
manufacturing
Add needed lab and other
equipment to support current and
future companies
Formalize the connections
between Daybreak Alums, local
founders and experienced
operators to new Daybreak Labs
companies and founders.

EXHIBIT A
211

ENCELLIN
i-GATE Impact Report 2023-2024
Company Profiles

SNAPSHOT
https://www.encellin.com/
Encellin develops a novel
thin-film cell encapsulation
device for cell-based
therapeutics.

Total funding amount: $5.9M
Stage: Seed
Crunchbase Profile:
https://www.crunchbase.com
/organization/encellin
Khosla Ventures, YC, and
Sandhill Angels backed
WHY DAYBREAK?
Located near a key team
member. Team needs access
to BSL2 facilities.

Encellin COO and co-
founder Grace Wei, PhD
and CEO and co-founder
Crystal Nyitray, PhD.

CURRENT LOCATION:

Private space in Pleasanton

EXHIBIT A
212

TWENTY/TWENTY

SNAPSHOT
https://twentytwenty.com/
Twenty/Twenty Therapeutics
focuses on harnessing the
convergence of AI and
microelectronics to treat eye
diseases.

Twenty/Twenty Therapeutics
is a joint venture between
Verily Life Sciences, an
Alphabet company, and
Santen Pharmaceutical, a
leading Japanese
ophthalmology company.

Crunchbase Profile:
https://www.crunchbase.com
/organization/twenty-twenty-
therapeutics
WHY DAYBREAK?
Location. Daybreak Labs is
close to a key employee who
lives in the Tri-Valley. The
company headquarters is in
South SF.

A Twenty/Twenty
Therapeutics scientist
examining materials at
Daybreak Labs.

Photo by Spencer Toy
CURRENT STATE:

The company shutdown May 2024
i-GATE Impact Report 2023-2024
Company Profiles

EXHIBIT A
213
Veda Bio

SNAPSHOT
Veda Bio, Formerly Lab
Simply is working on a rapid
point of care diagnostic.

Crunchbase Profile:
https://www.crunchbase.com
/organization/labsimply
$40M Series A
WHY DAYBREAK?
Located near key team
members. Team needs
access to BSL2 facilities.

LabSimply scientists at
work in Daybreak Labs.

Photo by Spencer Toy
CURRENT LOCATION:

Private space in Livermore
i-GATE Impact Report 2023-2024
Company Profiles

EXHIBIT A
214

PHOENIX BIOSYSTEM

SNAPSHOT
Cancer diagnostics

Funding: NIH
Amouont: Undisclosed
WHY DAYBREAK?
Phoenix Biosystem was at
the downtown site and
moved into our new location
in Nov. 2022. They moved
with us because they need
lab space suitable for BSL1
and BSL2 work. The founder
is a Pleasanton resident.

A Phoenix Biosystems
scientist working in
Daybreak Labs.

Photo by Spencer Toy
CURRENT STATE:

Waiting for NIH SBIR grant
to continue work
i-GATE Impact Report 2023-2024
Company Profiles

EXHIBIT A
215
RUSHNU

SNAPSHOT
https://rushnu.com
Rushnu decarbonizes heavy
industry through a
proprietary carbon capture
process.

WHY DAYBREAK LABS?
The founder lives in
Pleasanton and needs access
to a lab bench and chemical
fume hood to reduce
technical risk of his product.

Rushnu founder Matin
Hanifzadeh, Ph.D
Photo by Spencer Toy
i-GATE Impact Report 2023-2024
Company Profiles

EXHIBIT A
216
AgeisBio

SNAPSHOT
AegisBio develops
therapeutics for age-related
diseases.

WHY DAYBREAK LABS?
The workforce lives in the
Tri-Valley.

The company needs access
to a tissue culture suite and
BSL2 lab to reduce technical
risk.

AgeisBio team Aditi
Malu, PhD and John
Stattler, JD
i-GATE Impact Report 2023-2024
Company Profiles

EXHIBIT A
217
ZeroAvia

SNAPSHOT
ZeroAvia creates hydrogen
engines for clean aviation.

WHY DAYBREAK LABS?
Desire to be close to the
Livermore Airport while they
find private space in
Livermore.

Parker Bryant, Head of
Product at ZeroAvia,
with colleague Gurjap
Singh, PhD
CURRENT LOCATION:

Private space in Livermore
i-GATE Impact Report 2023-2024
Company Profiles

EXHIBIT A
218
Magvolts Energy

SNAPSHOT
Magvolts Energy is a pre-
pre-seed biodegradable
battery company.

WHY DAYBREAK LABS?
Founder Irene Chen chose
Daybreak Labs for its
affordability, location,
supportive community, and
lab and founder resources.

Irene Chen, PhD,
Founder,
Magvolts Energy
i-GATE Impact Report 2023-2024
Company Profiles

EXHIBIT A
219
Bright Silicon
Technologies

SNAPSHOT
Bright Silicon Technologies is
a DoD-funded
communications deep tech
company.

WHY DAYBREAK LABS?
Livermore residents and
founders, Bob and Cindy
Panas, chose Daybreak Labs
for its affordability, location,
supportive community, and
lab and founder resources.

Ryan Lee with co-
founders Cynthia Panas
and Robert Panas, Bright
Silicon Technologies
CURRENT LOCATION:

Private space in Livermore
i-GATE Impact Report 2023-2024
Company Profiles

EXHIBIT A
220
Clarica Genomics

SNAPSHOT
Clarica Genomics is a liquid
biopsy-based cancer
diagnostics company.

WHY DAYBREAK LABS?
Founder Austin So lives in
Pleasanton. He chose
Daybreak Labs for its
affordability, location, BSL2
lab space, supportive
community, and founder
resources.

Austin So, PhD, Founder,
Clarica Genomics
i-GATE Impact Report 2023-2024
Company Profiles

EXHIBIT A
221
Critical Loop

SNAPSHOT
Critical Loop overs battery
microgrid solutions to
buildings.

WHY DAYBREAK LABS?
Daybreak Labs Advisor and
current Critical Loop head of
Customer Relations is located
in Livermore. Critical Loop
founders are i-GATE Alumni.

Drew Felker,
Head of Customer Relations
Critical Loop
i-GATE Impact Report 2023-2024
Company Profiles

EXHIBIT A
222

CITY COUNCIL STAFF REPORT
ITEM NO. 5.14

DATE:

December
9, 2024
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Update on Host Community Impact Fee Reserve Policy relating to the Bankhead Theater.

RECOMMENDED ACTION

Staff recommends City Council receive the update.

SUMMARY
The Host Community Impact Fee Reserve Policy was adopted by the City Council at their July 24, 2017 meeting. The purpose of this Policy is to establish adequate reserves for the Host Community Impact Fee (HCIF) revenues to insulate the City’s General Fund from the future obligations associated with the ownership of the Bankhead Theater. The HCIF Reserve Policy calls for regular review and analysis of HCIF revenues to ensure that adequate resources are available to fund debt service and major maintenance and replacement costs of the Bankhead Theater.

DISCUSSION
In September of 2014, the City participated in a complex multi-party settlement agreement which secured the Bankhead Theater as a community facility. To facilitate the purchase of the Bankhead Theater, the City issued a variable rate debt obligation called a Certificate of Participation (COP). The 2014 COP Series A was issued for $9,380,000 in accordance with the Master Settlement Agreement and to be repaid with Host Community Impact Fees (HCIF) collected at the Vasco and Altamont Landfills. In June of 2020 the City issued fixed rate 2020 COPs refinancing the 2014 COPs to eliminate the inevitable interest rate increases that would affect the variable 2014 bond debt service payments. While these fixed payments are higher, they will remain the same regardless of the interest rate swings in the future. The 2020 COPs will be fully redeemed in 2042. If enough HCIF revenue is not available after making debt service payments, the General Fund will make up the shortfall for ongoing major maintenance and replacement costs.

To insulate the City’s General Fund from the financial risks associated with owning the Bankhead Theater, and in support of Council’s goal of long-term financial stability, Council adopted a HCIF Reserve 223
Policy that requires HCIF revenues received in excess of debt service to be held in reserve for the purpose of providing for the maintenance and replacement of the facility’s major structural and mechanical systems. The policy also requires that this reserve and the factors that dictate its existence be regularly monitored and reported upon to ensure that adequate resources are available when needed.

In January of 2024, the City received an updated report and projection of revenues associated with the Altamont and Vasco Landfills prepared by HFH Consultants, LLC which is included as Attachment 1 to this staff report. This report took into consideration a myriad of factors and assumptions, including no growth at both Vasco and Altamont landfills as well as a yearly average CPI increase of 2.5%. The report states that in the consultant’s opinion, it is reasonable to believe that the cumulative total HCIF revenues for the period between 2024 and 2042 when the 2020 COPs will be redeemed will likely be about $12.14 million (Base Case, Figure 1 from HFH report). Several other scenarios and assumptions were contemplated, and sensitivity analysis was performed for each case. The highest level of cumulative HCIF revenue projected was $17.7 million and the lowest was $7.3 million as shown in the table below.

January 3, 2024
HFH Report
Revenue
Projections

Base Case Projection
Figure 1
$12,144,008
Sensitivity Analysis 1
Scenario
Figure 2
$11,403,863
Sensitivity Analysis 2
Scenario
Figure 3
$8,182,549
Sensitivity Analysis 3
Scenario
Figure 4
$7,296,921
Sensitivity Analysis 4
Scenario
Figure 5
$17,694,603

With so many variables impacting the HCIF revenue stream, it is important to monitor actual performance.

Based on new HCIF revenue projections ending in FY 2041-42, the fixed rate 2020 COP Series A debt service costs, and the need to set money aside to pay for future replacement of the Bankhead’s major structural components and building systems, (Attachment 2, Fund Balance Projection), the HCIF fund reserve is projected to be substantially reduced between FY 2028-29 and FY 2035-36. The last few years of the debt service - FY 2036-37 is projected to build back a larger remaining fund balance through FY 2041-42.

As such, staff’s recommendation continues to be that all HCIF revenue received beyond that required to cover debt service be held in reserve to ensure that the Bankhead Theater continues to function as a community facility, while minimizing the financial impact to the General Fund.

FISCAL AND ADMINISTRATIVE IMPACTS

There are no administrative or fiscal impacts associated with receiving this report.

COMMUNITY PILLAR
224

5: A City That Works

GOAL

17: Ensure effective use of public resources

ATTACHMENTS

1. Host Community Impact Fee Report

2. Estimated Fund Balance

Prepared by: Erik Peterson
Finance Manager

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
225
M anaging Tomorrow’s Resources Today
590 Ygnacio Valley Road, Suite 105 Robert D. Hilton, Emeritus Walnut Creek, California 94596 John W. Farnkopf, PE
Telephone: 925/977-6950 Laith B. Ezzet, CMC
Fax: 925/977-6955 Richard J. Simonson
www.hfh-consultants.com Marva M. Sheehan, CPA
Robert C. Hilton
January 9, 2024
Ti
na Olson
Director
Administrative Services
City of Livermore
1052 South Livermore Ave.

Livermore, CA 94550
S
ubject: Final Report – Altamont and Vasco Road Landfill Host Fee Revenue Projection – FINAL REPORT
De
ar Tina Olson:

HF&H Consultants, LLC (HF&H) is pleased to provide the City of Livermore (City) this report and projection of revenues ( Projections) from the Altamont Landfill and Resource Recovery Facility ’s (Altamont) and Vasco Road Landfill’s (Vasco) (collectively, the Landfills) host fees (Host Fees) related to the financing of the regional theatre (Regional Theatre).

The Landfill operators pay Host Fees, which are calculated on a per-ton basis, to the City. The Host Fee is collected on every ton of waste disposed at the Landfills throughout the life of the Landfills. Beginning in January 2001, and each January thereafter, the fee (initially twenty-five cents per ton) has been adjusted to reflect the change in the Consumer Price Index (CPI) for the most recent twelve-month period for all urban consumer items in San Francisco, Oakland and Hayward as published by the U.S. Department of Labor Bureau of Labor Statistics. The fees imposed at Altamont are distributed as provided in the “Altamont Settlement Agreement, ” which also limits the sources of out -of-County waste that can be disposed at Altamont.

HF&H organized this report into the following major sections:
• Executive Summary
• Approach
• Discussion
• Consultant’s Opinion

EXECUTIVE SUMMARY
Purpose of Report
The purpose of this report is to present HF&H’s projections of revenues the City will receive from Host Fees paid by Altamont and Vasco.

ATTACHMENT 1
226

Managing Tomorrow’s Resources Today

Tina Olson
January 9, 2024

Page 2 of 8 ends

Livermore City CouncilDecember 9, 2024

Livermore City Council
December 9, 2024