Agenda packet, regular meeting — Livermore City Council, April 28, 2025 (part 1 of 2)

CITY COUNCIL
AGENDA
MONDAY, APRIL 28, 2025
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
Evan Branning, Vice Mayor
Ben
Barrientos, Council Member
Steven Dunbar, Council Member
Kristie Wang, Council Member
Livermore City Council Agenda
April 28, 2025

1 1.

CLOSED SESSION - NONE

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation declaring May 4-10, 2025 Professional Municipal Clerks Week presented to Debbie Elam, City of Livermore, City Clerk.

Recommendation:

Staff recommends the City Council proclaim May 4-10, 2025, Professional Municipal Clerks Week.

Staff Report

Attachments:

1. Proclamation

4. OPEN FORUM

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

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

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

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

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

5. CONSENT CALENDAR

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

ROLL CALL

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

PLEDGE OF ALLEGIANCE

Livermore City Council Agenda
April 28, 2025

2 meeting).

5.1 Approval of draft minutes - April 14, 2025 Regular Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

1. DRAFT 2025-04-14

5.2 Introduce an ordinance designating the fire hazard severity zones within the jurisdiction of the City of Livermore as provided to the Livermore-Pleasanton Fire Department by the State Fire Marshal.

Recommendation:

Staff recommends the City Council
introduce an ordinance
and waive the first reading,
designating the fire hazard severity zones established by the California State Fire Marshal within the jurisdiction of the City of Livermore as provided to the Livermore-Pleasanton Fire Department.

Staff Report

Attachments:

1. Ordinance

2. Exhibit A - Local Area Fire Hazard Severity Zones Map

5.3 Resolution authorizing the execution of a first amendment to the Subdivision Improvement Agreement with Civic North Canyons Parkway LLC, for the Cava project at the northwest corner of North Canyons Parkway and Triad Place, Final Tract Map 8609.

Recommendation:

Staff recommends the City Council adopt a resolution:
1 .

Finding that the requirements of the California Environmental Quality Act have been satisfied;
2 .

Approving and authorizing execution of a first amendment to the Subdivision Improvement Agreement for Tract 8609 which includes adding a special condition to replace an irrigation controller removed during construction and a reduction to the faithful performance bond; and
3 .

Directing the City Clerk to record the amendment to the Subdivision Improvement Agreement with the County Recorder.

Staff Report

Attachments:

1. Vicinity Map

2. Resolution

3. Exhibit A - First Amendment to Subdivision Improvement Agreement

5.4 Resolution accepting the recommendation of the Altamont Landfill Open Space Committee to authorize the City's grant funding request for the acquisition of the Collier Canyon Road

Livermore City Council Agenda
April 28, 2025

3 property (83 +/- acres - APN: 903-10-1).

Recommendation:

Staff recommends the City Council adopt a resolution:
1 .

Determining that acceptance of the Altamont Landfill Open Space Committee recommendation is not a project under CEQA Guidelines Section 15378; and 2 .

Accepting the recommendation of the Altamont Landfill Open Space Committee to authorize the City of Livermore's grant funding request for the Collier Canyon Road property in the amount of $1,500,000.

Staff Report

Attachments:

1. Approved Acquisitions

2. Location Map

3. Resolution

5.5 Resolution authorizing the allocation and appropriation of Human Service Facility Fee, Affordable Housing In-Lieu, and Social Opportunity Endowment funds in the total amount of $1,078,500 for Fiscal Years 2025-27 and authorizing the execution of documents required to receive, use, and distribute funds.

Recommendation:

Staff and the Human Services Commission recommend the City Council adopt a resolution authorizing the allocation and appropriation of $1,078,500 in funding as listed below and authorizing the City Manager to negotiate and execute all related documents, grant agreements, and modifications.
1 .

Human Services Facility Fee Funds in the amount of $182,000 2 .

Affordable Housing In-Lieu Funds in the amount of $652,000 3 .

Social Opportunity Endowment Funds in the amount of $244,500

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Human Services Local Funds Grant Recommendations

5.6 Resolution adding Water Reclamation Plant (WRP) Recycled Water Fill Station Project 2025- 27 to the 2023-2028 Capital Improvement Plan, and authorizing allocations of $10,000 of Wastewater Replacement Funds and $30,000 of Department of Water Resources (DWR) Drought Relief Grant Funds in Fiscal Year 2024-25.

Recommendation:

Staff recommends the City Council adopt a resolution:
1 .

Adding WRP Recycled Water Fill Station Project 2025-27 to the 2023-28 Capital Improvement Plan;
2 .

Allocating $10,000 in Wastewater Replacement Fund 622 to the FY 2024-25 budget of the WRP Recycled Water Fill Station Project 2025-27; and 3 .

Allocating $30,000 in DWR Drought Relief Grant Fund 622 to the FY 2024-25 budget of the WRP Recycled Water Fill Station Project 2025-27.

Livermore City Council Agenda
April 28, 2025

4 Staff Report

Attachments:

1. Vicinity Map

2. CIP Book Page

3. Resolution

4. Exhibit A - Urban Community Drought Relief Grant

5. Exhibit B - Grant Program Award Notification

6. Exhibit C - Resolution 2024-036

7. Exhibit D -
2022 Urban Community Drought Relief Local Project Sponsor Agreement

5.7 Resolution approving the Memorandum of Understanding between the City of Livermore and the Livermore Police Officers Association.

Recommendation:

Staff recommends that the City Council adopt a resolution authorizing the execution of the Memorandum of Understanding (MOU) between the City of Livermore and the Livermore Police Officers Association for the period of May 1, 2025, through April 30, 2029.

Staff Report

Attachments:

1. Memorandum of Understanding - Redlined

2. Resolution

3. Exhibit A - Livermore POA MOU 2025-2029

5.8 Resolution amending the City of Livermore Salary Plan dated May 2025 to incorporate wage related adjustments associated with the approval of the Livermore Police Officers Association Memorandum of Understanding as approved by City Council.

Recommendation:

Staff recommends the City Council adopt a resolution amending the City of Livermore Salary Plan dated May 2025 to incorporate wage related adjustments associated with the approval of the Livermore Police Officers Association Memorandum of Understanding.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Salary Plan effective May 2025

6. PUBLIC HEARINGS - NONE

7. MATTERS FOR CONSIDERATION

Livermore City Council Agenda
April 28, 2025

5 7.1
Comprehensive General Plan Update – Discussion on General Plan Policy Topics

Recommendation:

Staff recommends the City Council:
1 .

Receive an overview of the General Plan Elements;
2 .

Consider General Plan Advisory Committee (GPAC) and Planning Commission feedback on policy options for the Draft General Plan 2045; and 3 .

Recommend policy updates to include in the Draft General Plan 2045.

Staff Report

Attachments:

1. Draft GP Annotated Outline

2. GPAC Policy Summary Feedback

3. Planning Commission Recommendations and Feedback

4. Draft Policy Language

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS

9. ADJOURNMENT

To a Regular City Council meeting on Monday, May 12, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

10. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING

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

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

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

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

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

Platforms to Participate in Meetings:

Livermore City Council Agenda
April 28, 2025

6 Submission of Comments Prior to the Meeting:

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

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

Submission of Comments During the Meeting:

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

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

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

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

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

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

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 City Council Agenda
April 28, 2025

7 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
April 28, 2025

8 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1

DATE:

April 28, 2025
TO:

Honorable Mayor and City Council
FROM:

Marianna A. Burch, City Manager
SUBJECT:

Proclamation declaring May 4-10, 2025 Professional Municipal Clerks Week presented to Debbie Elam, City of Livermore, City Clerk.

RECOMMENDED ACTION

Staff recommends the City Council proclaim May 4-10, 2025, Professional Municipal Clerks Week.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation

Prepared by: Debbie Elam
City Clerk

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
9 10

CITY COUNCIL STAFF REPORT
ITEM NO. 5.1

DATE:

April 28, 2025
TO:

Honorable Mayor and City Council
FROM:

Marianna A. Burch, City Manager
SUBJECT:

Approval of draft minutes - April 14, 2025 Regular Meeting.

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. DRAFT 2025-04-14

Prepared by: Debbie Elam
City Clerk

MINUTES
CI

TY COUNCIL
APRIL 14, 2025
________________________________________________________________ CL

OSED SESSION
CA
LL 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.

R
OLL CALL – Present: Mayor John Marchand, Vice Mayor Evan Branning, Council Members Ben Barrientos and Kristie Wang.

A
bsent: Council Member Steven Dunbar
O

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

M
ayor Marchand opened the public comment period.

Ther
e were no speakers, the public comment period was closed.

1. A

DJOURN TO CLOSED SESSION

1.1 Conference with Labor Negotiators. To meet with the City’s negotiators Tina Olson, Administrative Services Director, Kristen Hilton, Human Resources Manager, and Emily Prescott, of Counsel with the law firm Sloan, Sakai, Yeung and Wong LLP pursuant to Government Code section 54957.6, regarding negotiations with the Livermore Police Management Association.

1. 2 Conference with Labor Negotiators. To meet with the City’s negotiators Tina Olson, Administrative Services Director, Kristen Hilton, Human Resources Manager, and Emily Prescott, of Counsel with the law firm Sloak, Sakai, Yeung and Wong LLP pursuant to Government Code section 54957.6, regarding negotiations with the Livermore Management Group.
________________________________________________________________ REG

ULAR MEETING

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

R
OLL CALL – Present: Mayor John Marchand, Vice Mayor Evan Branning, Council Members Ben Barrientos and Kristie Wang.

ATTACHMENT 1
12 CM/75/2 Minutes APRIL 14, 2025
Abs
ent: Council Member Steven Dunbar
PLEDG

E OF ALLEGIANCE
REPORT

OF ACTION TAKEN IN CLOSED SESSION
Ci
ty Attorney Jason Alcala stated there was no reportable action.

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Commission for the Arts annual update presented by Chair Laurence E. Milder
Laurenc
e E. Milder, Chair to the Commission for the Arts gave a brief presentation.

3.2 Proclamation declaring April as Fair Housing Month in Livermore presented to Tanya Corona, Housing Coordinator for ECHO (Eden Council for Hope and Opportunity) Housing
May
or Marchand presented a proclamation to Tanya Corona, Housing Coordinator, for ECHO (Eden Council for Hope and Opportunity) Housing declaring April as Fair Housing Month.

4. OPEN FORUM
May
or Marchand opened the public comment period.

Gr
eg Scott provided a comment.

Mi
chael Blau provided a comment.

Tr
ish Munro provided a comment.

Laning T
hompson provided a comment.

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

5. CONSE

NT CALENDAR
May
or Marchand opened the public comment period.

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

ON T

HE MOTION OF VICE MAYOR BRANNING, SECONDED BY COUNCIL
MEMBER BARRIENTOS AND CARRIED ON A 4- 0 VOTE , WITH COUNCIL

MEMBER DUNBAR ABSENT, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

ATTACHMENT 1
13 APRIL 14, 2025 Minutes CM/75/3

5.1 Approval of draft minutes - March 24, 2025 Regular Meeting.

5.2 Resolution 2025-052 determining Parcel 3 of Parcel Map 4797, Parkview, located north of Portola Avenue across from Rincon Avenue, is annexed to the City of Livermore Community Facilities District No. 2023- 1 (Isabel Neighborhood Specific Plan Services).

5.3 Resolution 2025- 053 authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the Primary and Secondary Treatment Improvements Project Number 2019-31.

5.4 Resolution 2025-054 authorizing a supplemental appropriation of Measure BB-Local Streets and Roads Fund 830, in the amount of $80,000 in FY 2024- 25 and authorizing acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the Railroad Avenue Street Improvements Project 2021-16.

5.5 Resolution 2025-055 authorizing execution of a third amendment to the agreement with HMH Engineers for on- call engineering services, increasing the not-to-exceed contract amount from $1,800,000 to $3,200,000 with a term ending December 31, 2027.

5.6 Resolution 2025-056 authorizing execution of an agreement with Republic Services Vasco Road, LLC for the disposal of solid waste through June 30, 2035, and rejecting all other bids for the disposal of solid waste.

5.7 Resolution 2025-057 authorizing execution of a Low -Income For Sale Housing Agreement with City Ventures for a 31-unit subdivision located northeast of the Portola Avenue and Rincon Avenue intersection (VTPM 11473).

5.8 Resolution 2025-058 authorizing the execution of a Subordination Agreement with Tri Valley BMR, LLC and the Department of Housing and Community Development for the Vineyard 2.0 project.

5.9 Resolution 2025-059 authorizing the execution of an agreement with LEHR Upfitters OpCo, LLC d/b/a LEHR to provide on- call services to outfit and repair City emergency vehicles and equipment in an amount not -to-exceed $900,000 for a five-year term ending April 30, 2030.

5.10 Resolution 2025-060 authorizing the City Manager to execute an agreement with the Alameda County Fire Department for equipment and installation of Phoenix G2 alerting system at City fire stations 6, 7, 8, 9, and 10 in a total amount not-to-exceed $689,432.

5.11 Resolution 2025-061 accepting the Single Audit Report related to federal grants for the Fiscal Year Ending June 30, 2024.

ATTACHMENT 1
14 CM/75/4 Minutes APRIL 14, 2025

6. PUBLIC HEARINGS

6.1 Hearing to receive and consider protests and direct staff to proceed with fieldwork on the abatement of weeds, rubbish, dirt, or refuse on specific described properties under the 2025 Weed Abatement Program.

Recom
mendation: Staff recommended City Council consider all protests, and if the City Council finds it appropriate, adopt a resolution overruling protests, and direct staff to proceed with necessary weed abatement on all parcels requiring abatement.

Ry
an Rucker, Livermore-Pleasanton Fire Department Deputy Chief, presented the staff report.

May
or Marchand opened the public hearing.

Al
an Marling provided a comment.

There w
ere no more speakers, and the hearing was closed.

ON T

HE MOTION OF VICE MAYOR BRANNING, SECONDED BY COUNCIL
MEMBER WANG AND CARRIED ON A 4- 0 VOTE, WITH COUNCIL MEMBER

DUNBAR ABSENT , THE CITY COUNCIL ADOPTED THE FOLLOWING
RESOLUTION:

Resol
ution 2025- 062 overruling protests, and direct staff to proceed with necessary weed abatement on all parcels requiring abatement.

7. MAT

TERS FOR CONSIDERATION

7.1 Updat
e on the Airport Land Use and Development Study Including Next Steps
Recom
mendation: Staff recommended the City Council receive a presentation on the Airport Land Use and Development Study and Next Steps.

Andy
Ross, Principal Planner, presented the staff report.

May
or Marchand opened the public comment period.

Donna C
abanne provided a comment.

Gr
eg Scott provided a comment.

Davi
d Fiala provided a comment.

Shi
rley Lewandowski provided a comment.

ATTACHMENT 1
15 APRIL 14, 2025 Minutes CM/75/5
Mar
k Mullen provided a comment.

Car
ol Silva provided a comment.

Linda M
ilanese provided a comment.

Ryan H
aggerty provided a comment.

Pet
e Sandhu provided a comment.

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

8. COUNCI

L COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
THE M

AYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF

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

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

Liver
more Public Library Council Member Wang announced an upcoming screening of “The M Factor” on April 19, 2025.

Liver
more Downtown Inc. Vice Mayor Branning announced the upcoming Street Fest event May 17-18, 2025, urged people to volunteer.

Ci
ty Council directed staff to provide an update regarding regional fire abatement programs and to publish the information on the City’s website.

City C
ouncil directed staff to schedul e a workshop to review the City Council’s Norms and Values, and Rules of Procedure to ensure the City Council conducts business effectively at the dais.

9. ADJOURNMENT – at 8 :49 pm in memory of Darrel Sweet to a Special Joint City Council and Planning Commission Meeting on Monday, April 21, 2025 at 6:00 pm, Civic Center Meeting Hall, William M. Mendenhall Room, 1016 S. Livermore Avenue.

APPRO
VED:

JO HN P. MARCHAND, MAYOR
ATTE
ST: ___
DEBOR AH L. ELAM, CITY CLERK
ATTACHMENT 1
16 CITY COUNCIL STAFF REPORT
ITEM NO. 5.2

DATE:

April 28, 2025
TO:

Honorable Mayor and City Council
FROM:

Joe Testa, Fire Chief
SUBJECT:

Introduce an ordinance designating the fire hazard severity zones within the jurisdiction of the City of Livermore as provided to the Livermore-Pleasanton Fire Department by the State Fire Marshal.

RECOMMENDED ACTION

Staff recommends the City Council
introduce an ordinance
and waive the first reading, designating the
fire hazard severity zones established by the California State Fire Marshal within the jurisdiction of the City of Livermore as provided to the Livermore-Pleasanton Fire Department.

SUMMARY
The State Fire Marshal has identified areas within the City of Livermore as moderate and high fire hazard severity zones utilizing consistent statewide criteria based on fuel loading, slope, fire weather, and other relevant factors. On February 24, 2025, the Livermore-Pleasanton Fire Department received a map transmittal identifying the City's fire hazard severity zones. Within 30 days of the transmission, the information must be made available for public review and comment. These maps were posted on the Livermore-Pleasanton Fire Department website on March 19, 2025. Within 120 days of the transmission, the City shall adopt by ordinance the moderate, high, and very high fire hazard severity zones within its jurisdiction pursuant to Government Code 51179.

DISCUSSION
Government Code Section 51178 requires the State Fire Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and the severity of fire hazard expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors, including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.

Government Code Section 51178.5 requires that the City and Livermore-Pleasanton Fire Department shall make available for public review and comment within 30 days after receiving a transmittal from the 17 State Fire Marshal that identifies fire hazard severity zones.

Government Code Section 51179 requires that the City and Livermore-Pleasanton Fire Department shall designate, by ordinance, moderate, high, and very high fire hazard severity zones in the City within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51179.

The Livermore-Pleasanton Fire Department posted the Fire Hazard Severity Zone Map on their website for public review and feedback on March 19th. The City of Livermore website posted maps with links to the Livermore-Pleasanton Fire Department and the Office of the State Fire. Community members were encouraged to submit their comments using the online comment form at https://forms.gle/VShgP7M1DnrX4TdT6
, which was available through Sunday, April 13, 2025. As of the form's closing date, no comments have been received which address the Fire Hazard Severity Zone Map.

FISCAL AND ADMINISTRATIVE IMPACTS

There is no fiscal impact associated with this action at this time. Future costs might be incurred related to the enforcement of the state adopted laws, regulations, and standards within the designated fire hazard severity zones which the City and Livermore-Pleasanton Fire Department must enforce.

COMMUNITY PILLAR

1: A Safe Community that Thrives

GOAL

5: Ensure effective fire suppression, prevention, emergency medical and disaster services to meet the evolving needs of our communities and other changing conditions

ATTACHMENTS

1. Ordinance

2. Exhibit A - Local Area Fire Hazard Severity Zones Map

Prepared by: Shiffon Smith
Administrative Assistant

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

AN ORDINANCE TO DESIGNATE FIRE HAZARD SEVERITY ZONES
Government Code Section 51178 requires the State Fire Marshal to identify areas in the State as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.

Government Code Section 51178.5 requires that within 30 days after receiving a transmittal from the State Fire Marshal that identifies fire hazard severity zones pursuant to Section 51178, a local agency shall make the information available for public review and comment. The information shall be presented in a format that is understandable and accessible to the general public, including, but not limited to, maps.

Government Code Section 51179 requires that the local agency shall designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178.

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

Section 1. Amendment. Title 16 Environment, Chapter 10 Fire Hazard Severity Zones of the Livermore Municipal Code is hereby added, as set forth below, and as visually represented in Exhibit A, attached hereto.

The City hereby designates the Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178. The Fire Hazard Severity Zones are identified on the City of Livermore – Alameda County – Local Responsibility Area Fire Hazard Severity Zones Map dated February 24, 2025.

The map, approved by the city, is hereby incorporated by reference, and entitled “City of Livermore Fire Hazard Severity Zones.”
If a parcel or parcels currently outside of the City boundary are annexed into the City, and the parcel or parcels were identified as State Responsibility Area with a Fire Hazard Severity Zone, the classification from the State Responsibility Area map effective April 1, 2024 will remain. The City of Livermore Fire Hazard Severity Zones map referenced above will be amended to include the incorporated areas as well as their Fire Hazard Severity Zones.
19 2 ORDINANCE NO. _______
Section 2. Environmental. The passage of this ordinance is not a project according to the definition in the California Environmental Quality Act and, therefore, is not subject to the provisions requiring environmental review.

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

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

Section 5. Effective date. This Ordinance shall take effect 30 days after its adoption.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on April 28, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Daniel R. Gonzales Deborah L. Elam Daniel R. Gonzales
City Clerk Deputy City Attorney
Exhibit A - Local Area Fire Hazard Severity Zones Map
20 City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:

Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency Gavin Newsom, Governor, State of CaliforniaThe State of California and the Department of Forestry and Fire Pro
tection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
hav
e been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expect
ed to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal t
o identify areas in the state as moderate, high,
and very high fire hazard severity zones based on consistent Waterbody
Federal Responsibility
Area (FRA)Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:56,000 at 11" x 1
7"
0 1 2 3 4Km
0 1 2Mi
Very High High Moderate
High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the S
tate Fire Marshal
Livermore
580
84 UNINCORPORATED ALAMEDA
CO.

UNINCORPORATED
ALAMEDA CO.

DUBLIN

PLEASANTON
February 24, 2025
As Identified by the
St
ate Fire Marshal
Local Responsibility Area
Fire Hazard Sev
erity Zones
CITY OF LIVERMORE – ALAMEDA COUNTY
Fire Hazard Severity Zones in State Responsibility
Area (SRA), Eff
ective April 1, 2024

EXHIBIT A
21 CITY COUNCIL STAFF REPORT
ITEM NO. 5.3

DATE:

April 28, 2025
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing the execution of a first amendment to the Subdivision Improvement Agreement with Civic North Canyons Parkway LLC, for the Cava project at the northwest corner of North Canyons Parkway and Triad Place, Final Tract Map 8609.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:
1 .

Finding that the requirements of the California Environmental Quality Act have been satisfied; 2 .

Directing the City Clerk to record the amendment to the Subdivision Improvement Agreement with the County Recorder.

SUMMARY
On June 12, 2023, the City Council approved Tract Map 8609 and executed a Subdivision Improvement Agreement for Tract Map 8609, recorded under series No. 2023076149, dated July 5, 2023, Official Records of Alameda County, California (Agreement) with Civic North Canyons Parkway, LLC. (Developer). The first amendment adds a special condition requiring the Developer to replace an irrigation controller removed during construction prior to tract acceptance and also partially releases the faithful performance bond.

DISCUSSION
On May 9, 2022, the City Council approved Vesting Tentative Tract Map 8609 (SUB 21-005) and the conditions of approval for the Triad Condominium Project also known as CAVA, consisting of 112 attached condominium units at the northwest corner of North Canyons Parkway and Triad Place as shown in the Vicinity Map (Attachment 1). On June 12, 2023, the City Council approved Tract Map 8609 and executed a Subdivision Improvement Agreement with the Developer.

The Developer is responsible for funding and constructing public and private improvements required for 22 this development as specified in the conditions of approval. The project includes the following public improvements: sewer, water, Class IV bike lane with landscaped planter islands, and a bus turnout.

This amendment adds an additional special condition for the Developer to replace an irrigation controller located on North Canyons Parkway, that was removed during construction, prior to tract acceptance to the satisfaction of the City.

The Developer has completed construction of approximately 75 percent of the performance bonded improvements for the project and the City Engineer has found that they have satisfied the conditions required to partially reduce the bonds as required in Livermore Development Code section 10.05.080.D subparagraphs (c) and (d). For this reason, the amendment includes a reduction to the faithful performance bond for the project.

FISCAL AND ADMINISTRATIVE IMPACTS

No additional operation and maintenance costs will be required based on the proposed amendments.

COMMUNITY PILLAR

2: Economy That Prospers

GOAL

4: Implement the Isabel Neighborhood Specific Plan

ATTACHMENTS

1. Vicinity Map

2. Resolution

3. Exhibit A - First Amendment to Subdivision Improvement Agreement

Prepared by: Jarrett Rasmussen
Associate Civil Engineer

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
23 Tract 8609 - Vicinity Map
This map is based on City of Livermore GIS
Information and reflects the most current information
at the time of this printing. The map is intended for
reference purposes only and the City and its staff is
not responsible for errors.
2,000Livermore IT, GIS Services
333.3
1:NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 166.67 Feet333.30
5/8/2023 2:46:03
PM
Prepared:

Notes:

Scale:

ATTACHMENT 1
24 1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO

THE SUBDIVISION IMPROVEMENT AGREEMENT WITH CIVIC NORTH CANYONS

PARKWAY, LLC FOR THE CAVA PROJECT AT THE NORTHWEST CORNER OF

NORTH CANYONS PARKWAY AND TRIAD PLACE
(Final Tract Map 8609 – Triad Condominium Project Cava) On May 9, 2022, the City Council adopted Resolution No. 2022-074 which approved Vesting Tentative Tract Map 8609 (SUB 21-005) and the conditions of approval for the Triad Condominium Project, also known as CAVA, consisting of 112 attached condominium units at the northwest corner of North Canyons Parkway and Triad Drive (“the project”). The City Council also adopted Resolution No. 2022-073, finding that the project is statutorily exempt under the California Environmental Quality Act (“CEQA”) pursuant to (1) Government Code section 65457 and CEQA Guidelines section 15182 (c), which exempts residential projects that implement a specific plan when certain requirements are met, and (2) Public Resources Code section 21083.3 and CEQA Guidelines section 15183, which exempts projects consistent with a community plan, general plan, or zoning when certain requirements are met.

On June 12, 2023, the City Council adopted Resolution No. 2023-103, which approved Final Tract Map 8609 and the Subdivision Improvement Agreement for the project. The City Council also determined that because the potential impacts to the environment that may be caused by the approval of Final Tract Map 8609 and the Subdivision Improvement Agreement were considered by the environmental review approved as part of Resolution No. 2022-073, the requirements of CEQA were satisfied.

The Subdivision Improvement Agreement was subsequently executed by the City on June 15, 2023 and recorded under Series No. 2023076149, dated July 7, 2023, Official Records of Alameda County, California
Pursuant to Section 3, Special Conditions , of the Subdivision Improvement Agreement, Civic North Canyons Parkway, LLC (“the Developer”) agreed to comply with certain special conditions. The proposed amendment to the Subdivision Improvement Agreement includes an additional special condition requiring the Developer to replace an irrigation controller located on North Canyons Parkway, that was removed during construction, prior to tract acceptance and in strict accordance with all plans, specifications, City standards, and to the satisfaction of the City.

The City Engineer has determined that the Developer has completed construction of approximately 75 percent of the performance bonded improvements for the project and has found that the Developer has satisfied the conditions required to partially reduce the faithful performance bonds as required in, and pursuant to, Livermore Development Code section 10.05.080(D)(1)(c)-(d).
25 2 RESOLUTION NO. ________
The City Attorney has reviewed the reduced surety provided by the Developer to secure the remaining performance items associated with the Subdivision Improvement Agreement as required by California and City law.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that, because any potential impacts to the environment that may be caused by approval of the first amendment to the Subdivision Improvement Agreement were considered by the environmental review approved as part of Resolution No. 2022-073, the requirements of the California Environment Quality Act have been satisfied.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that:

1. The first amendment to the Subdivision Improvement Agreement, attached hereto as Exhibit A, to add a special condition to replace an irrigation controller removed during construction and to reduce the faithful performance bond is approved and the Mayor is authorized to sign the amendment on behalf of the City of Livermore.

2. The City Clerk is directed to record the first amendment to the Subdivision Improvement Agreement with the County Recorder.

On the motion of Council Member ____________, seconded by Council Member _______________, the foregoing resolution was passed and adopted on April 28, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Deborah L. Elam
City Clerk
APPROVED AS TO FORM:
/s/ Molly A. O’Toole _____
Molly A. O'Toole
Assistant City Attorney
Exhibit A – First Amendment to Subdivision Improvement Agreement with Civic North Canyons Parkway, LLC
26 EXHIBIT A

Page 1 of 3 ends

27 EXHIBIT A

Page 2 of 3 ends

28 EXHIBIT A

Page 3 of 3 ends

29 CITY COUNCIL STAFF REPORT
ITEM NO. 5.4

DATE:

April 28, 2025
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 funding request for the acquisition of the Collier Canyon Road property (83 +/- acres - APN: 903-10-1).

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:
1 .

Determining that acceptance of the Altamont Landfill Open Space Committee recommendation is not a project under CEQA Guidelines Section 15378; and
2 .

Accepting the recommendation of the Altamont Landfill Open Space Committee to authorize the City of Livermore's grant funding request for the Collier Canyon Road property in the amount of $1,500,000.

SUMMARY
The City is proposing to purchase in fee title the Collier Canyon Road Property, herein referred to as the "Property," for open space preservation and conservation. The Property has significant biological, scenic, and recreational value. The Property is outside of the City limits and outside of the North Livermore Urban Growth Boundary (UGB) in unincorporated Alameda County. The property is to the west of Las Positas College and approximately a third of a mile north of Portola Avenue. The purchase price is $2,895,500 ($34,884 per acre). The estimated transaction costs are approximately $30,000, making the total price $2,925,500.

The City actively engages in acquiring land for open space preservation and conservation using different funding sources. Staff engages with willing property sellers on the open market to purchase land and secure it as open space in perpetuity and plans for the long-term stewardship of the land. On July 22, 2024, the City Council authorized staff to enter negotiations with the property owner to acquire the property for open space and conservation purposes.

On November 15, 2024, the Altamont Landfill Open Space Committee approved the City of Livermore's sponsored grant application for the Collier Canyon Road Property. The City Council is responsible for 30 accepting the recommendation of the Altamont Landfill Open Space Committee to authorize the City of Livermore's grant request. If accepted, staff would return for Council authorization to enter into a Purchase and Sale Agreement and request for supplemental appropriations to complete the purchase at a future date.

DISCUSSION

BACKGROUND

The City of Livermore has acquired or helped to acquire and permanently protect over 1,500 acres of open space land. Currently, the City owns nearly 340 acres of land in Doolan Canyon, approximately 400 acres of alkali wetlands and sensitive habitat in Springtown, and 125 acres in the Altamont Range south of I-580.

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, 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 and establishing a non-wasting endowment to fund management of the land in perpetuity.

Funding sources available for open space land acquisitions include the Altamont Landfill Settlement Agreement Open Space Fund, Vasco Road Landfill Open Space Fund, Dougherty Valley Settlement Agreement, and the City’s Transferrable Development Credits Fund.

On July 22, 2024, the City Council authorized staff to enter negotiations with the property owner to acquire the property for open space and conservation purposes. On November 6, 2024, Staff submitted an Altamont Landfill Open Space Committee grant application in the amount of $1,500,000 for the purpose of acquiring the property.

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 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. Eighty percent of the Open Space Fee is for open space expenditures in the eastern area of East Alameda County. The Property is within the eastern area.

Pursuant to the terms of the Settlement Agreement Funding, allocations are recommended by the voting members of the Altamont Open Space Committee (Committee). The City of Livermore, Alameda County, 31 and the Sierra Club represent the voting members for the eastern acquisition priority area that receives 80 percent of the open space account funds (the City of Pleasanton, Alameda County, and the Sierra Club represent the voting members of the western acquisition priority area). Rotating Livermore City Council members provide representation on the Committee. Councilmember Wang is the current Livermore representative.

The Committee recommends expenditures of funds used solely for purchase of properties in Alameda County to protect natural resource biodiversity, scenic value, and recreational opportunities. The Committee reviews grant applications to permanently preserve open space through fee acquisition and easements. To date, the City Council has approved the Committee's recommendations to distribute funds for a variety of acquisitions in the eastern acquisition priority area, as summarized in Attachment 1.

According to the 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. On May 8th, 2025, the County Board of Supervisors will decide whether the funding is consistent with the criteria set forth in the Altamont Landfill Settlement Agreement.

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.

Transferable Development Credits Program

The Transferable Development Credits (TDC) Program (Livermore Municipal Code Chapter 3.27) includes provisions to allow developers to pay a fee in lieu of utilizing credits in North Livermore to exceed baseline density. The Ordinance allows revenue from TDC in-lieu fees to be used in conjunction with other funds for acquisition and/or preservation of open space lands in North Livermore. Other than TDC acquisition, revenue from TDC in-lieu fees may be used for costs incurred in administering the TDC Program including, facilitating TDC transactions, preparing/recording TDC easements, monitoring/enforcing easements, and maintaining records. The TDC Program applies solely to lands beyond the Urban Growth Boundary and within North Livermore.

PROPERTY DESCRIPTION

The 83-acre Property is located outside of the City's municipal and urban growth boundaries in unincorporated Alameda County situated west of Las Positas College and approximately one-third mile north of Portola Avenue as shown on the location map, Attachment 2. The property is undeveloped and generally consists of upland rolling hillsides, with a maximum elevation of approximately 750 feet, annual grassland, and ephemeral drainage, with two forks of Collier Canyon Creek meandering along the site's east and west peripheries. Lands to the west of the site are encumbered with conservation easements, and lands to the east are occupied by Las Positas College. 32 STAFF ANALYSIS

Consistent with the City Council’s prior direction, City staff negotiated a purchase price with the property owner's representative. The property meets the Open Space Committee funding criteria as described below.

Altamont Landfill Open Space Committee Funding Approval

On November 15, 2024, the Altamont Landfill Open Space Committee (Committee) approved a grant application for the Property. The grant funds will be combined with City open space funds to acquire the Property. Staff has negotiated a total purchase price for the Property at $2,895,500. The approved grant amount from the Committee is $1,500,000. As a voting member, the City Council must accept the recommendations of the Open Space Committee.

The Open Space Committee's first priority (as stated in the Settlement Agreement) 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 proposed Property acquisition meets the Committee criteria as follows:

Preservation of native biological diversity and/or wildlife habitat .

The Altamont Open Space Committee's
Land Conservation Prioritization Mapping Tool (Mapping Tool) shows that the site is highly likely to provide habitat for California Red Legged Frog and California Tiger Salamander (scoring 0.75 and 0.76 on a zero to one scale, with one as the highest rating). In addition, the East Alameda County Conservation Strategy (Conservation Strategy) identifies a confirmed California Red Legged Frog occurrence near the southern part of the site. The Conservation Strategy also shows that the site contains critical and core habitat for California Red Legged Frog, San Joaquin Kit Fox, and Tiger Salamander, which are all Special Status Species and protected under California law.

The Conservation Strategy further shows that the site potentially contains habitat for the American Badger, Western Burrowing Owl, Callippe Silverspot Butterfly, Congden's Tarplant (protected plant), and Golden Eagle, which are also all Special Status Species and afforded protection under the law. In summary, there is a confirmed Special Status Species siting nearby the site, the site contains habitat for three Special Status Species, and potential habitat for five other Special Status Species. Therefore, the site has significant native biodiversity value.

Significant visual character and/or non-motorized recreation .

According to the Mapping Tool, the property
is highly suitable for recreation purposes and moderately suitable for viewshed. The Property is comprised of rolling hills with a peak of approximately 750 feet. The hillside is visible from many vantage points along Collier Canyon Road and Interstate 580 (I-580) and preserving it as open space would help protect the Scenic Corridor along I-580, preserve scenic hillsides in North Livermore, and maintain the greater natural viewshed of the Diablo Range. In addition, the property could offer recreational value to hikers, runners, and other non-motorized forms of recreation with sweeping views of the Livermore
Valley and surrounding Diablo Range. For these reasons, the property offers significant visual and non- motorized recreational value.

Strategic Value in Land Protection.

The Project is outside of and adjacent to the North Livermore Urban 33 Growth Boundary, is adjacent to a property that is permanently preserved with a hillside conservation easement to the west. The Property is in a strategic location to provide enhanced wildlife connectivity and is identified in the Tri-Valley Hazard Mitigation Plan to facilitate improved stream and stormwater management.

Additional Funding Sources
.

The Property would be purchased with multiple funding sources as required by the Committee. Staff anticipates using other City Open Space funding sources, such as Transferable Development Credit funds to complete the transaction and be used towards the remaining balance of the purchase price, approximately $1,425,500.

Willing Sellers.

The land is currently owned by a Limited Liability Corporation, and the seller is willing and able to enter into the purchase and sales agreement with the City of Livermore.

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.

FISCAL AND ADMINISTRATIVE IMPACTS

The Property acquisition would expend $1,500,000 from the Altamont Landfill Open Space Fund, which would reduce the eastern portion from its current balance of approximately $21,483,660 to $19,983,660.

Staff plans to utilize additional City Open Space funding sources, such as Transferable Development Credit funds, to cover the remaining balance of approximately $1,425,500 to finalize the transaction. The final funding source will be identified when the City Council considers the purchase and sales agreement at a future date.

COMMUNITY PILLAR

3: Environmental Stewardship

GOAL

4: Preserve Open Space Resources Consistent with General Plan Policies

ATTACHMENTS

1. Approved Acquisitions

2. Location Map

3. Resolution

34 Prepared by: Jennifer Ackerman
Associate Planner

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
35 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
36 December 9,
2024
$500,000 41 City of Livermore Quint Property
Total $10,002,475 1,506

Collier Canyon Road Property ALOSC Grant Request

Itemized Expenses (estimated)
Purchase Price $2,895,500 (34,884/acre)
Estimated Transaction Costs
(appraisal/staff/legal/title/escrow)
$30,000
Total Project Cost $2,925,500
Funding from ALOSC $1,500,000 (51%)
Funding from City of Livermore – Livermore
Open Space Funds
$1,425,500 (49%)

ATTACHMENT 1
37 LIVE�@RE
1,333.3 0
NAO_ 1983_2011_ StalePlane_ C..ilomia_lll_FlPS _ 0403_
Livermore IT, GIS Sefvicos
Location Map
666.67 1,333.3 Feet
Scale: 1: 8,000
This mop I• bol&d on City or l.Nermore GIS
lnrormatlon and rerlects the most current irforrnalion
at the time or th11 p,lnt,ng The map ,s ,nten<led for
reference purpoaeo orly and the Oly and tts staff is
not responsible tor errors
Prepared.
4/4/2025 9·21-:57
AM
ATTACHMENT 2
38 1 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 $1,500,000 FOR THE PURCHASE OF THE COLLIER CANYON ROAD PROPERTY (83-ACRES, APN 903-10-1) IN EASTERN ALAMEDA COUNTY
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 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 39 2 RESOLUTION NO._______ represent the voting members of the Open Space Committee for acquisitions in the western acquisition priority area that receives 20% of the Open Space Account funds.

On July 22, 2024, the City Council authorized staff to enter negotiations with the property owner to acquire the property for open space and conservation purposes.

On November 15, 2024, the Open Space Committee considered the City of Livermore’s request for a grant in the amount of $1,500,000 to acquire the Collier Canyon Road Property (83+/- acres – APN 903-10-1) (the “Property”).

The Collier Canyon Road Property is located within the eastern acquisition priority area. The Open Space Committee found the grant request complied with the applicable grant criteria and recommended expending $1,500,000 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 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 $1,500,000 of Altamont Open Space funds to fund the grant request by the City of Livermore to purchase and manage the Collier Canyon 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 April 28, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
______________________ /s/ Katherine Mirassou Deborah L. Elam Katherine Mirassou
City Clerk Assistant City Attorney
40 CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

April 28, 2025
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing the allocation and appropriation of Human Service Facility Fee, Affordable Housing In-Lieu, and Social Opportunity Endowment funds in the total amount of $1,078,500 for Fiscal Years 2025-27 and authorizing the execution of documents required to receive, use, and distribute funds.

RECOMMENDED ACTION

Human Services Facility Fee Funds in the amount of $182,000 2 .

Affordable Housing In-Lieu Funds in the amount of $652,000 3 .

Social Opportunity Endowment Funds in the amount of $244,500

SUMMARY
Each year, the City of Livermore brings together multiple funding sources to support capital projects and public service programs benefiting low-income Livermore households that are consistent with the goals and priorities as outlined in the City’s Five-Year Consolidated Plan. These funding sources include Community Development Block Grant (CDBG) funds and HOME Investment Partnerships Program (HOME) funds from the U.S. Department of Housing and Urban Development (HUD). These federal dollars are leveraged with the City's local resources.

On March 11, 2025, the Human Services Commission approved funding recommendations in the estimated total amount of $2,074,878 from the federal grants, CDBG and HOME, as well as local funding from the Human Services Facility Fee, Affordable Housing In-Lieu and Social Opportunity Endowment funds. These funds will serve over 9,000 low-income, senior, youth, homeless, and disabled Livermore residents for the next two fiscal years.

Due to the uncertainty of the federal budget, the Human Services Commission and staff recommend the City Council approve the local funding recommendations set forth in Exhibit A to the resolution in the 41 total amount of $1,078,500 for FY 2025-27 only. Staff will bring the federal grant recommendations, along with the Five-Year Consolidated Plan and FY 2025-26 Action plan for approval in June 2025.

DISCUSSION
Grant Allocation Process
On September 10, 2024, the Human Services Commission recommended four funding priorities for the FY 2025-27 Housing and Human Services Grant Cycle. The four priorities included: Housing Services, Homeless Services, Health Care Services, and Service Provision, Awareness, and Navigation. Council approved the four priorities on October 28, 2024.

As part of a regional coordinated effort to allocate funds to local agencies, staff worked with the Cities of Dublin and Pleasanton to make changes to the grant program. Starting in FY 2025-26, a two-year grant cycle was implemented. Additional changes included a joint Tri-Valley Grant Application for the two-year grant cycle which was released on November 25, 2024. The new application was simplified from previous years and allowed non-profits to request grant funding for a particular project from all three cities through one application. In December 2024, staff from Livermore, Dublin and Pleasanton held a workshop for non-profit and public agencies to discuss the grant application process. Application requests were due to the City on January 17, 2025, and submitted electronically through an online grant application program.

The Commission and staff reviewed the applications against multiple criteria including need and benefit, program evaluation, budget, alternative funding sources, community support, and prior grant management and application completeness. All applicants were required to make a presentation and responded to questions regarding their grant application at a Joint Special Human Services Commission meeting on February 11, 2025, held in Dublin. Following the joint meeting, the Human Services Commission evaluated and scored all grant applications by non-profit and public agencies submitted to the City. Through the online grant application program, the average score of each application was calculated as the basis for staff to subsequently provide the Commission with funding recommendations.

The Commission reviewed and approved the proposed funding recommendations during their regular meeting on March 11, 2025.

The City has traditionally allocated federal and local funds through the Housing and Human Services Grant Program to eligible public and non-profit agencies that provide housing and services. For FY 2025- 27, the City’s Housing and Human Services Grant Program received 31 applications from 24 agencies requesting $3,075,658 in grant funding. For FY 2025-27, there is an estimated $760,700 in CDBG funding, an estimated $235,678 in HOME funding, $182,000 in Human Services Facility Fee Funding, $652,000 in Affordable Housing In-Lieu funding and $244,500 in Social Opportunity Endowment (SOE) funding over the two-year grant cycle that is being recommended to fund 15 projects (10 organizations), Section 108 Loans, and Administration for a total of $2,074,878.

In March 2025, City staff was informed by HUD that the federal allocations for the CDBG and HOME grants were not expected to be released until May 2025. Due to the uncertainty of the federal budget, the Human Services Commission and staff recommend the City Council approve the local funding recommendations set forth in Exhibit A to the resolution in the total amount of $1,078,500 for FY 2025-27 which include 12 projects (nine organizations). Staff will bring the federal grant recommendations, along with the Five-Year Consolidated Plan and FY 2025-26 Action plan for approval in June 2025. A detailed description of each local funding source with the recommendations is described below. 42 Human Service Facility Fee $182,000 ($182,000 for FY 2025-26 only):

The Human Service Facility Fee is established for capital projects that support Human Service programs.

Applicants for these funds must demonstrate a specified direct service to low-income clients. For FY 2025-26, two projects are being recommended for funding:

Organization/Project
FY 2025-26
FY 2026-27
Total Recommendation
Goodness Village- Home
Preservation and
Weatherproofing
$17,000
$0
$17,000
Sunflower Hill-
Hagemann Ranch
Structure and Equitable
Access
$165,000
$0
$165,000
Total
$182,000
$0
$182,000

Affordable Housing In-Lieu Funds $652,000 ($326,000 for FY 2025-26 and $326,000 for FY 2026-27):

City Affordable Housing In-Lieu funds originate from development fees and are used to finance a variety of programs and mechanisms for creating and sustaining affordable housing in Livermore. These funds are strictly limited to housing support services and have traditionally helped backfill limited public services funding for homeless shelters and housing services for individuals experiencing homelessness.

For FY 2025-27, four projects are being recommended for funding:

Organization/Project
FY 2025-26
FY 2026-27
Total Recommendation
CityServe of the Tri-
Valley- Regional
Homeless Prevention,
Intervention and Crisis
Stabilization
$226,000
$226,000
$452,000
Tri-Valley Haven- Shiloh
Domestic Violence
Shelter
$40,000
$40,000
$80,000
Tri-Valley Haven-
Sojourner House
Homeless Shelter
$40,000
$40,000
$80,000
Abode Services-
Alameda County (AC)
Impact Program
$20,000
$20,000
$40,000
Total
$326,000
$326,000
$652,000

Social Opportunity Endowment Funds $244,500 ($120,000 for FY 2025-26 and $124,500 for FY 2026- 27):

Each year the City receives numerous qualified grant applications from agencies providing core safety net services in Livermore. The SOE Funds are for public services such as services at a food pantry, vocational and educational programs, food services for seniors, and a mobile family resource center in Livermore. Currently, the City's SOE fund has $1,800,000 in revenue committed from developers over 43 the next several years. Staff is in the process of making proposed revisions to amend the SOE ordinance, to be presented to City Council for approval, to increase the annual spending limit allowed (currently set at $80,000 per year) and include a 3% escalator per year. The recommended SOE funding amounts shown on Exhibit A is conditional on the approval of the ordinance being approved by Council for update by July 1, 2025. For FY 2025-27, six projects are being recommended for funding:

Organization/Project
FY 2025-26
FY 2026-27
Total Recommendation
Open Heart Kitchen-
Senior Meal Program
$24,000
$24,900
$48,900
Tri-Valley Haven- Food
Pantry
$36,000
$37,350
$73,350
Goodness Village-
Vocational Skills,
Community Engagement
and Pathways to Stability
$20,000
$20,750
$40,750
Mercy Retirement and
Care Center- Mercy
Brown Bag Program
$15,000
$15,563
$30,563
Hively- Hive on Wheels:

Mobile Family Resource
Center
$15,000
$15,563
$30,563
Partners for Change Tri-
Valley- Alleviating
Poverty and
Homelessness
$10,000
$10,374
$20,374
Total
$120,000
$124,500
$244,500

Spectrum Community Services Senior Meals on Wheels program received the highest score from the Human Services Commission in the public services category but will be recommended for CDBG public service funding in June 2025.

FISCAL AND ADMINISTRATIVE IMPACTS

Appropriation of the grant funds detailed above will come from the following sources as referenced in Exhibit A to the resolution: Human Service Facility Fee funds $182,000 (Fund 290); Affordable Housing In-Lieu funds $652,000 (Fund 200); and Social Opportunity Endowment Funds $244,500 (Fund 202), for a total amount of $1,078,500 over the two-year grant cycle.

COMMUNITY PILLAR

1: A Safe Community that Thrives

GOAL

8: Expand and improve access to human services

ATTACHMENTS

1. Resolution
44 2. Exhibit A - Human Services Local Funds Grant Recommendations

Prepared by: Amy Walker
Management Analyst 1

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE ALLOCATION AND APPROPRIATION OF

HUMAN SERVICE FACILITY FEE, AFFORDABLE HOUSING IN-LIEU, AND SOCIAL OPPORTUNITY ENDOWMENT FUNDS IN THE TOTAL AMOUNT OF $1,078,500 FOR FISCAL YEAR 2025-27 AND AUTHORIZING THE EXECUTION OF

DOCUMENTS REQUIRED TO RECEIVE, USE, AND DISTRIBUTE FUNDS Each year, the City of Livermore (“City”) brings together multiple funding sources to support capital projects and public service programs benefiting low-income households. These funding sources include Community Development Block Grant (“CDBG”) and HOME Investment Partnerships Program (“HOME”) funds from the U.S.

Department of Housing and Urban Development (“HUD”), which are leveraged with the City’s local resources, including the Human Service Facility Fee Fund, the Affordable Housing In-Lieu Fund and the Social Opportunity Endowment (SOE) Fund.

The City has traditionally allocated these funds to eligible public and nonprofit agencies that provide housing and services through its Housing and Human Services Grant Program. For FY 2025-27, the City’s Housing and Human Services Grant Program received 31 applications from 24 agencies requesting $3,075,658 in grant funding for the two-year grant cycle. The Human Services Commission evaluated and scored all grant applications and reviewed and approved proposed funding recommendations.

On March 11, 2025, the Human Services Commission approved funding recommendations in the estimated total amount of $2,074,878 for Fiscal Years (FY) 2025- 27 from the federal grants, CDBG and HOME, as well as local funding from the Human Services Facility Fee, Affordable Housing In-Lieu and Social Opportunity Endowment funds. These funds will serve over 9,000 low-income, senior, youth, homeless, and disabled Livermore residents next two fiscal year.

Due to the uncertainty of the federal budget, the Human Services Commission and staff recommend the City Council approve the local funding recommendations set forth in Exhibit A to the resolution in the total amount of $1,078,500 for FY 2025-27. Staff will bring the federal grant recommendations, along with the Five-Year Consolidated Plan and FY 2025-26 Action plan for approval in June 2025.

The local funding appropriations for the FY 2025-27 Housing and Human Services Grant Program will consist of the following amounts from the following sources: (1) $182,000 in Human Service Facility Fee funds (Fund 290); (2) $652,000 in Affordable Housing In-Lieu funds (Fund 200); and (3) $244,500 in SOE funds (Fund 202).

The Human Services Commission and City staff recommend that the City Council approve the Human Services Grant Program funding recommendations for FY 2025-27 46 2 RESOLUTION NO. ________
as set forth in Exhibit A, attached hereto. The recommendations include 13 activities provided by nine public and nonprofit agencies.

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

1. Authorizes the allocation and appropriation of $1,078,500 for funding 12 activities provided by nine agencies, as recommended and more particularly set forth in Exhibit A, attached hereto, from the following sources in the following amounts:
a. Human Service Facility Fee funds (Fund 290) in the amount of $182,000 for capital projects that support Human Services programs in Livermore. b. Affordable Housing In-Lieu funds (Fund 200) in the amount of $652,000 to provide fair housing services, housing services at the homeless and domestic violence shelters, homeless outreach services, and homeless housing services; and
c. Social Opportunity Endowment funds (Fund 202) in the amount of $244,500 to provide public services to residents of Livermore.

2. Authorizes the City Manager, or her designee, to execute all documents related to the receipt, use, and issuance of grant funds, including contracts and amendments thereto, with agencies receiving allocations of funds from the City of Livermore as set forth in Exhibit A, attached hereto.

3. Authorizes the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.

On motion of Council Member ______________, seconded by Council Member _____________, the foregoing resolution was passed and adopted on April 28, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
______________________________ /s/ Daniel Gonzales________________ Deborah L. Elam Daniel Gonzales City Clerk Deputy City Attorney
Exhibit A - Human Services Local Funds Grant Recommendations- Fiscal Years 2025-27 47 Human Services Grant Funding Fiscal Years 2025-26 and 2026-27 Total Recommended Funding by Funding Sources FY 2025-26 FY 2026-27 2-Year Total Human Service Facility Fee 182,000 - 182,000 Affordable Housing In-Lieu 326,000 326,000 652,000 Social Opportunity Endowment (SOE) 120,000 124,500 244,500 TOTAL $ 628,000 $ 450,500 $ 1,078,500
Total Recommended Funding by Category FY 2025-26 FY 2026-27 2-Year Total IV. Capital Projects 182,000 - 182,000 V. Housing & Homeless Services 326,000 326,000 652,000 VI. Public Services 120,000 124,500 244,500 TOTAL $ 628,000 $ 450,500 $ 1,078,500
Total Funding 1

EXHIBIT A

EXHIBIT A
48 Human Services Grant Funding Fiscal Years 2025-26 and 2026-27 Agency Name
Project/Program Title Program Description Funding
FY 2024-25
2-Year
Requested
Funding
Funding
Recommendation
FY 2025-26
Funding
Recommendation
FY 2026-27
Human Service
Facility Fee Funding
Recommendation
2-Year Total
A B A+B
Goodness Village
Home Preservation and
Weatherproofing
Project
Address critical external
damages to our existing tiny
homes caused by weather
exposure, ensuring safe,
sustainable housing for our
neighbors.
$ - $ 17,000 $ 17,000 $ - $ 17,000 Sunflower Hill

Hagemann Ranch-
Shade Structure and
Equitable Access
Project
Improvements to pathways
and garden beds to make
them more accessible for
people with disabilities and
install an all-weather shade
shelter for inclement weather
coverage.
- 165,000 165,000 - 165,000 $ - $ 182,000 $ 182,000 $ - $ 182,000 IV. Capital Projects
Capital Projects Total
I. Capital Projects 2

EXHIBIT A

EXHIBIT A
49 Human Services Grant Funding Fiscal Years 2025-26 and 2026-27 Agency Name
Project/Program Title Program Description Funding
FY 2024-25
2-Year
Requested
Funding
Funding
Recommendation
FY 2025-26
Funding
Recommendation
FY 2026-27
Affordable Housing
In-Lieu
Funding
Recommendation
2-Year Total
A B A+B
CityServe of the Tri-Valley
Tri-Valley Regional Homeless
Prevention, Intervention, and Crisis
Stabilization Program
Crisis stabilization and wrap-around care
coordination for low to no-income families
and individuals of all ages.
$ 226,000 $ 452,000 $ 226,000 $ 226,000 $ 452,000 Tri-Valley Haven

Shiloh
Provide domestic violence support services
through an emergency shelter in a
confidential location.
$ 24,000 $ 100,000 $ 40,000 $ 40,000 80,000 Tri-Valley Haven

Sojourner House
Provides clients with shelter and support
services to help overcome barriers that led
them to homelessness.
$ 30,000 $ 100,000 $ 40,000 $ 40,000 80,000 Abode Services
Alameda County Impact
Permanent supportive housing program that
connects chronically homeless individuals to
permanent housing and a comprehensive
range of supportive services focused on
ongoing housing stability and connection to
care.
- 60,000 20,000 20,000 40,000 $ 280,000 $ 712,000 $ 326,000 $ 326,000 $ 652,000 V. Housing & Homeless Services
Housing & Homeless Services Total
II. Housing & Homeless Services 3

EXHIBIT A

EXHIBIT A
50 Human Services Grant Funding Fiscal Years 2025-26 and 2026-27 Agency Name
Project/Program Title Program Description Funding
FY 2024-25
2-Year
Requested
Funding
SOE Funding
Recommendation
FY 2025-26
SOE Funding
Recommendation
FY 2026-27

CDBG / SOE
Funding
Recommendation
2-Year Total
Spectrum Community Services*
Meals on Wheels: More than a Meal
Deliver nutritious meals and vital
wellness checks five days a week to
disabled/homebound seniors in
Livermore.
$ 47,567 $ 148,000 $ -
$ - $ -
Open Heart Ki
tchen
Senior Meal Program
Provide free meals to seniors on
weekdays at the Robert Livermore
Community Center.
$ 23,486 50,000 24,000 24,900 48,900
Tri-Valley Haven
Food Pantry
Provide food to low-income
individuals and households using
the'Client Choice" model .
$ 32,000 100,000 36,000 37,350 73,350
Goodness Village

Vocational Skills, Community
Engagement and Pathways to Stability
Provide essential vocational skill-
building, social skills development,
and opportunities for community
engagement to chronically
unsheltered individuals.
$ - 60,000 20,000 20,750 40,750
Mercy Retirement and Care Center
Mercy Brown Bag Program
Serve low-income older adults in
Livermore twice a month with fresh,
nutritious groceries.
$ - 50,000 15,000 15,563 30,563
Hively
Hive on Wheels: Mobile Family
Resource Center
Expand our service delivery
capabilities by putting our family
resource centers on wheels, in order
to reach residents in Livermore
through 10 outreach events per year.
$ - 50,000 15,000 15,563 30,563
Partners for Change Tri-Valley
Alleviating Poverty and Homelessness
in the Tri-Valley
Provide education and mentorship
class focused on life skills and
improved economic outcomes for
low-income residents to break the
cycle of poverty and achieve self-
sufficiency.
$ - 30,000 10,000 10,374 20,374
$ 103,053 $ 488,000 $ 120,000 $ 124,500 $ 244,500 *Recommended for CDBG funding
V. Public Services
Public Services Total
III. Public Services 4

EXHIBIT A

EXHIBIT A
51 CITY COUNCIL STAFF REPORT
ITEM NO. 5.6

DATE:

April 28, 2025
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution adding Water Reclamation Plant (WRP) Recycled Water Fill Station Project 2025-27 to the 2023-2028 Capital Improvement Plan, and authorizing allocations of $10,000 of Wastewater Replacement Funds and $30,000 of Department of Water Resources (DWR) Drought Relief Grant Funds in Fiscal Year 2024-25.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:
1 .

Adding WRP Recycled Water Fill Station Project 2025-27 to the 2023-28 Capital Improvement Plan;
2 .

Allocating $10,000 in Wastewater Replacement Fund 622 to the FY 2024-25 budget of the WRP Recycled Water Fill Station Project 2025-27; and
3 .

Allocating $30,000 in DWR Drought Relief Grant Fund 622 to the FY 2024-25 budget of the WRP Recycled Water Fill Station Project 2025-27.

SUMMARY
The proposed WRP Recycled Water Fill Station Project will provide residents with access to recycled water for irrigation and other non-potable uses during a drought. Staff recommends creating and funding a new project to design and construct automated self-service recycled water fill stations at the City of Livermore Water Reclamation Plant. The project will be funded by a grant awarded by the California Department of Water Resources and matching allocations from the City’s Wastewater Replacement Fund.

DISCUSSION
In 2022, Zone 7 Water Agency (Zone 7) applied for the 2022 Urban Community Drought Relief Program through the California Department of Water Resources on behalf of the City and other water service agencies located within the Zone 7 service area. The Urban Community Drought Relief Local Project Program is intended to support drought resilience planning, water conservation, and other activities that provide reductions in water consumption or improvements to water supply reliability.

52 In June 2023, Zone 7 notified the City that the WRP Recycled Water Fill Station Project (Project) was approved for funding. In March 2024, the City passed Resolution 2024-036 authorizing the City Manager to execute an agreement with Zone 7 for the 2022 Urban Community Drought Relief Local Project Grant Program. This agreement was executed on March 30, 2024.

The term for the grant began on July 1, 2022 with the requirement that all work shall be completed by December 31, 2026. No additional funds may be requested after March 31, 2027. Staff recommends adding this project to the current Capital Improvement Plan in order to ensure completion of project construction by end of the grant term.

The Project will consist of an automated self-service recycled water fill station that will allow residential customers access to recycled water for irrigation and other non-potable uses. The automated fill station will provide a permanent year-round recycled water source for residents. The Project is expected to increase recycled water use locally by approximately 18 acre-feet per year.

FISCAL AND ADMINISTRATIVE IMPACTS

The Urban Community Drought Relief Program requires a minimum non-state cost share of 25% of the total application cost for each local project. The WRP Recycled Water Fill Station project grant award is $300,000, with a required cost share of $100,000. The funding for the WRP Recycled Water Fill Station project will be an allocation of $10,000 from Wastewater Replacement Fund 622 and $30,000 from DWR Drought Relief Grant Fund 622 in FY 2024-25. Adding funding for this project in FY 2024-25 will allow initial design activities to commence in FY 2024-25. As shown in Attachment 2, total project costs are estimated to extend through FY 2026-27, total $400,000, and be funded with $100,000 from Wastewater Replacement Fund 622 and $300,000 from DWR Drought Relief Grant Fund 622. Funding for fiscal years FY 2025-26 and FY 2026-27 will be requested in the FY 2025-30 Capital Improvement Plan.

COMMUNITY PILLAR

1: A Safe Community That Thrives

GOAL:

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

GUIDING DOCUMENT

Water Reclamation Plant Master Plan, Livermore Recycled Water Master Plan

ATTACHMENTS

1. Vicinity Map

2. CIP Book Page

3. Resolution

4. Exhibit A - Urban Community Drought Relief Grant

5. Exhibit B - Grant Program Award Notification
53 6. Exhibit C - Resolution 2024-036

7. Exhibit D -
2022 Urban Community Drought Relief Local Project Sponsor Agreement

Prepared by: Vincent Sendaydiego
Junior Engineer

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
54 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.
2,000Livermore IT, GIS Services
333.3
1:NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 166.67 Feet333.30
12/16/2024
3:09:40 PM
Prepared:

Notes:

Scale:

Vicinity Map
Recycled Water Fill Station Project 2025-27
Isabel Ave.

Project Location
E. Jack London Blvd.

ATTACHMENT 1
55 Fund FY2024-25 FY2025-26 FY2026-27 FY2027-28 FY2028-29 FY2029-30 (622) Wastewater
Re
placement $10,000 $60,000 $30,000 $0 $0 $0
(622) DWR Drought
Re
lief Grant $30,000 $180,000 $90,000 $0 $0 $0
TOTAL $40,000 $240,000 $120,000 $0 $0 $0
Project
Funding
The Water Resources Division has received grant funds toward the construction of an automated self-service recycled water fill station. The terms of the grant require that all work shall be completed by December 31, 2026.

WRP RECYCLED WATER FILL STATION
Project No.: WW202527
COMMUNITY PILLAR: A Safe Community
That Thrives
Water
Reclamation PlantProject Description:

Project Justification:

O&M COST ASSUMPTIONS: There will be
no additional O&M costs for this project.

FUNDING: Project funding comes from
Wastewater Replacement (Fund 622)
and DWR Drought Relief Grant
(Fund622).

This project will install two automated fill stations
at the City of Livermore Water Reclamation Plant
that will provide a permanent year-round recycled
water source for residents. Residents will have
access to recycled water for irrigation and other
non-potable uses. The availability of the fill station
will increase recycled water use locally by
approximately 18-acre feet per year.

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

CAPITAL IMPROVEMENT PLAN
Wastewater
FY 2025-2030 CAPITAL IMPROVEMENT PLAN

PROJECT LOCATION
ATTACHMENT 2
56 1 RESOLUTION NO. _____

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ADDING WRP RECYCLED WATER FILL STATION
PROJECT 2025-27 TO THE 2023-2028 CAPITAL IMPROVEMENT PLAN, AND AUTHORIZING ALLOCATIONS OF $10,000 OF WASTEWATER
REPLACEMENT FUNDS (FUND 622) AND $30,000 OF DWR DROUGHT RELIEF GRANT FUNDS (FUND 622) IN FISCAL YEAR 2024-25.
(WRP Recycled Water Fill Station Project 2025-27)
In 2022, Zone 7 Water Agency (Zone 7) applied for the 2022 Urban Community Drought Relief Grant Program through the California Department of Water Resources (DWR) that included projects from and on behalf of the City of Livermore.

In June 2023 DWR awarded Zone 7 the WRP Recycled Water Fill Station project in the amount of $300,000, along with the cost sharing requirement of $100,000.

In March 2024, the City of Livermore passed Resolution 2024-036 authorizing the City Manager to execute an agreement with Zone 7 for the 2022 Urban Community Drought Relief Local Project Grant Program. This agreement was executed on March 30, 2024.

The WRP Recycled Water Fill Station Project will consist of an automated self-service recycled water fill station that will allow residential customers access to recycled water for irrigation and other non-potable uses. The automated fill station will provide a permanent year-round recycled water source for residents. This project is expected to increase recycled water use locally by approximately 18 acre- feet per year.

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

1. Approves adding WRP Recycled Water Fill Station Project 2025-27 to the 2023-2028 Capital Improvement Plan;

2. Authorizes allocating $10,000 in Wastewater Replacement Funds (Fund 622) to the FY 2024-25 budget of the Recycled Water Fill Station Project 2025-27; and

3. Authorizes allocating $30,000 in DWR Drought Relief Grant Funds (Fund 622) to the FY 2024-25 budget of the Recycled Water Fill Station Project 2025-27.
57 2 RESOLUTION NO. _____
On motion of Council Member , seconded by
Council Member , the foregoing resolution was passed and adopted on April 28, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
/s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
City Clerk Assistant/Senior Assistant/City Attorney
Exhibit A – Urban Community Drought Relief Grant
Exhibit B – Award Notification for Urban Community Drought Relief Grant Program Exhibit C – Resolution 2024-036
Exhibit D – 2022 Urban Community Drought Relief Local Project Sponsor Agreement 58 EXHIBIT A

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STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF WATER RESOURCES
P.O. Box 942836
Sacramento, CA 94236-0001
(916) 653-5791

June 12, 2023

Kevin Padway
Water Resources Planner
Zone 7 Water Agency
100 N. Canyons Parkway
Livermore, CA 94551

Award Notification for Urban Community Drought Relief Grant Program

Dear Kevin Padway:

Congratulations! We are pleased to inform you that the following projects, filed by Zone 7 Water Agency, have been awarded $2,242,500 by the Department of Water Resources (DWR) for the Urban Community Drought Relief Grant Program:
• $262,500 was awarded to the Citywide Turf Reduction Projects • $300,000 was awarded to the Recycled Water Fill Station • $1,380,000 was awarded to the Dublin Irrigation System Upgrades • $300,000 was awarded to the Fire Dept. Training Water Recirculation System Costs incurred after June 30, 2022 will be eligible for grant reimbursement. This award is conditioned upon the execution of a Grant Agreement between DWR and your agency. Please see the Agreement Template for your reference.

Your timely attention is directed to the following requirements:

Within 14 calendar days of the date of this award letter:

Award Acceptance - Please submit a letter or e-mail signed by the authorized representative (agreement signatory) confirming your agency as the Grantee to accept the grant award in the amount of $2,242,500. This letter/e-mail should also confirm the proper billing address for your organization (where reimbursement checks will be sent).

Electronic Signatures - DWR uses DocuSign to process signatures electronically to expedite all grant-related documents requiring a signature. In order for DWR to send documents to you via DocuSign, we need your permission and consent. If you consent to the use of DocuSign, please send DWR a letter on official letterhead signed by the authorized representative, consenting to the use of DocuSign for all transactions related to this award (see attached sample). If you prefer not to use electronic signatures, DWR can send documents for original (wet) signatures via email or mail, but this can delay the process significantly, especially during situations such as the COVID- 19 public health emergency.

Following receipt of the award acceptance, DWR will provide you with a draft agreement and work with you to finalize and execute the agreement. Your timely attention to these requirements is critical to execute the Grant Agreement; failure to do so may result in DWR revoking the grant award. Please submit the required information in the time periods specified to [email protected]. The subject line of the email should include “Zone 7 Water Agency

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ANL Items”.

Please contact Ashley Gilreath at [email protected] or (916) 902-6717 or Stephanie Hara at [email protected] or (916) 902-6992 for any questions regarding the required materials.

Again, congratulations to you and your Local Project Sponsors on this well-deserved grant award.

Our team appreciates your time and effort to respond to this grant solicitation process and we will be reaching out in coming months to get your feedback. We look forward to working with you to complete these drought relief projects to build water resilience in your communities.

Sincerely,

Carmel Brown
Manager, Financial Assistance Branch
Division of Regional Assistance

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1 RESOLUTION NO. 2024- 036

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7 FOR PARTICIPATION IN THE 2022 URBAN COMMUNITY DROUGHT RELIEF LOCAL

PROJECT GRANT PROGRAM
In June 2022, Alameda County Flood Control and Water Conservation District, Zone 7 Zone 7) applied for the 2022 Urban Community Drought Relief Grant Program through the California Department of Water Resources ( DWR) that included projects from and on behalf of the City of Livermore. The program supports drought resilience planning, water conservation and other activities that provide reductions in water consumption or improvements to water supply reliability. The program requires a minimum non- state cost share of 25% of the total application cost for each local project.

In June 2023, DWR awarded Zone 7 funding for the City of Livermore Citywide Turf Reduction project in the amount of $ 262, 500 with a cost sharing requirement of $ 87, 500; and the Recycled Water Fill Station project in the amount of $ 300, 000, with a cost sharing requirement of $ 100, 000.

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

1. Authorizes the City Manager to execute an agreement with Alameda County Flood Control and Water Conservation District, Zone 7 for the 2022 Urban Community Drought Relief Local Project Grant Program, in substantially the same form as the attached Exhibit A, which is incorporated by this reference.

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

On motion of Council Member Branning, seconded by Council Member Kiick, the foregoing resolution was passed and adopted on March 25, 2024, by the following vote:

AYES: Council Members Barrientos, Branning, Kiick, Vice Mayor Carling, and Mayor Marchand
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED AS TO FORM:

Deborah L. Elam Tara Mazzanti
Acting City Clerk Assistant City Attorney
Exhibit A – Agreement with Alameda County Flood Control and Water Conservation District, Zone 7
DocuSign Envelope ID: 740BE482- 3E3E- 407F- B487- 5649D847D384 3/ 26/ 2024 | 1: 08 PM PDT

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CITY COUNCIL STAFF REPORT
ITEM NO. 5.7

DATE:

April 28, 2025
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution approving the Memorandum of Understanding between the City of Livermore and the Livermore Police Officers Association.

RECOMMENDED ACTION

SUMMARY
The Livermore Police Officers Association (LPOA) Memorandum of Understanding will expire on April 30, 2025. LPOA currently represents approximately 87 full-time equivalent positions and is the exclusive bargaining unit for the job classifications of Police Officer and Police Sergeant. On January 8, 2025, negotiations with LOPA on a successor agreement commenced. The City and LPOA met seven (7) times on the terms to be contained in the successor MOU.

As a result of the meetings between the City and LPOA, a tentative agreement between the parties has been reached, subject to City Council approval, on terms and conditions of employment as set forth in Attachment 1 – Redlined Memorandum of Understanding.

DISCUSSION
The following is a summary of the proposed substantive changes to the previous LPOA MOU which will expire on April 30, 2025.

Term
May 1, 2025 – April 30, 2029 (4 years)
192
General Wage
Adjustment

General wage adjustments will be provided to all employees holding classifications assigned to the LPOA as follows:

Effective May 5, 2025 – 5%
Effective May 4, 2026 – 3%
Effective May 3, 2027 – 3%
Effective May 1, 2028 – 3%
Equity Wage
Adjustment

A recent compensation study showed that the police officer classification was significantly below the market median for comparable agencies. To address this, equity adjustments are being provided each year of the contract. Other local agencies have already provided salary increases, are in the process of negotiating further increases, and have offered significant recruitment and retention bonuses. These actions underscore the increasingly competitive public safety landscape where attracting and retaining qualified personnel has become a major challenge due to limited candidate availability and high demand. To ensure the City remains competitive and continues to be an employer of choice, market equity adjustments are necessary to support the evolving challenges of public safety staffing and keep pace with market conditions.

Effective May 5, 2025 – 5%
Effective May 4, 2026 – 2%
Effective May 3, 2027 – 2%
Effective May 1, 2028 – 2%
Salary Survey
The City will complete a total compensation salary survey in January 2027. If the total compensation study shows the Police Officer classification more than 5% below market median, this MOU will reopen on the subject of wages. Any changes to employee wages will be by mutual agreement.

Insurance and Health
Care
Effective July 1, 2025, the City will pay the premiums for the dental and vision plans selected by the employee.

Bilingual Pay
Increase Bilingual Pay to $100/per pay period.

POST Certificate Pay
To remain competitive attracting quality candidates and retaining experienced police officers, POST Certification Pay increases as follows:

Effective May 5, 2025, Intermediate $400/month, Advanced $600/month, Supervisory $765/month
Effective May 4, 2026, Intermediate $440/month, Advanced $750/month, Supervisory $925/month
Effective May 3, 2027, Intermediate $480/month, Advanced $900/month, Supervisory $1,090/month
Effective May 1, 2028, Intermediate $525/month, Advanced $1,050/month, Supervisory $1,250/month

Field Training Officer
(FTO) Pay
Increase FTO Pay to 4% of base salary.
193
Longevity
Add language to incorporate Police Officers and Police Sergeants will be eligible to receive up to five years of service credit towards longevity for previous sworn California law enforcement experience.

Deferred
Compensation
Add language to incorporate Deferred Compensation effective May 5, 2025, for PEPRA employees to receive an employer matching contribution of $40 per pay period with an employee contribution of at least $40 per pay period.

FISCAL AND ADMINISTRATIVE IMPACTS

The increase in the City's cost to salaries and benefits for Livermore Police Officers Association employees for the first year of the contract is $2,359,931. The overall cost of salary and benefit modifications associated with this MOU is $6,263,168. All fiscal impacts from the benefits provided will be incorporated in the future budgets.

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. Memorandum of Understanding - Redlined

2. Resolution

3. Exhibit A - Livermore POA MOU 2025-2029

Prepared by: Eddie
Jimenez
Human Resource Analyst I

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
194
MASTER

MEMORANDUM OF UNDERSTANDING
on

WAGES, HOURS, AND OTHER TERMS AND

CONDITIONS OF EMPLOYMENT

LIVERMORE POLICE OFFICERS ASSOCIATION
and

CITY OF LIVERMORE

TERM OF MEMORANDUM
May 1, 20251 – April 30, 20295
ATTACHMENT 1
195

T A B L E O F C O N T E N T S
CHAPTER 1. ADMINISTRATION
.......................................................................................................... 1 ARTICLE I. PARTIES TO UNDERSTANDING ................................................................. 1 ARTICLE II. RECOGNITION .............................................................................................. 1 ARTICLE III. STATE LAW COMPLIANCE ........................................................................ 1 ARTICLE IV. CITY COUNCIL APPROVAL ....................................................................... 1 ARTICLE V. CITY RIGHTS ................................................................................................. 1 ARTICLE VI. PAST PRACTICES AND EXISTING MEMORANDA OF
UNDERSTANDING ........................................................................................ 1 CHAPTER 2. SALARIES, OTHER COMPENSATION, AND SCHEDULES ....................................... 2
ARTICLE I. SALARIES ...................................................................................................... 2 ARTICLE II. STEP INCREASES ......................................................................................... 3 ARTICLE III. PROMOTION .................................................................................................. 3 ARTICLE IV. OVERTIME ..................................................................................................... 4 ARTICLE V. CALL BACK/TELEPHONE PAY .................................................................. 4 ARTICLE VI. COURT APPEARANCES/COURT CANCELLATION ................................ 5 ARTICLE VII. POST CERTIFICATION PAY ........................................................................ 5 ARTICLE VIII. TUITION REIMBURSEMENT ...................................................................... 6 ARTICLE IX. DEFERRED COMPENSATION PROGRAM ................................................ 7 ARTICLE X. UNIFORM ALLOWANCE ............................................................................. 7 ARTICLE XI. HOLIDAY-IN-LIEU PAY .............................................................................. 7 ARTICLE XII. BILINGUAL PAY ........................................................................................... 7 ARTICLE XIII. FIELD TRAINING OFFICER PAY ............................................................... 7 ARTICLE XIV. LONGEVITY PAY ......................................................................................... 8 ARTICLE XV. TRAINEE RATE ............................................................................................. 8 ARTICLE XVI. CANINE PAY ................................................................................................. 8 ARTICLE XVII. MOUNTED POLICE UNIT ............................................................................ 9 CHAPTER 3. LEAVE
S AND SCHEDULING ....................................................................................... 10 ARTICLE I. VACATION ................................................................................................... 10 ARTICLE II. SICK LEAVE ................................................................................................ 11 ARTICLE III. BEREAVEMENT LEAVE ............................................................................ 12 ARTICLE IV. PERSONAL LEAVE ..................................................................................... 13 ARTICLE V. LEAVES OF ABSENCE ............................................................................... 13 ARTICLE VII. STANDBY TIME OFF POLICY .................................................................. 14 ARTICLE VIII. DONATION OF LEAVE TIME TO OTHER EMPLOYEES ...................... 15 CHAPTER 4. INSURANCES AND HEALTH CARE
........................................................................... 16 ARTICLE I. HEALTH CARE BENEFITS ........................................................................ 16 ARTICLE II. LONG TERM DISABILITY PLAN ............................................................. 16 ARTICLE III. LIFE INSURANCE ....................................................................................... 16 ARTICLE IV. RETIREE HEALTH BENEFIT ..................................................................... 16 CHAPTER 5. RETIREMENT PLAN
..................................................................................................... 18 ARTICLE I. PRESENT BENEFITS AND PLAN OPTIONS............................................ 18 ATTACHMENT 1
196

CHAPTER 6. GRIEVANCES, APPEALS, AND HEARINGS .............................................................. 20 ARTICLE I. GRIEVANCE PROCEDURE ........................................................................ 20

CHAPTER 7. UNION ISSUES ............................................................................................................... 21 ARTICLE I. DUES ............................................................................................................. 21 ARTICLE II. UNION REPRESENTATIVES ..................................................................... 22 ARTICLE III. ACCESS TO WORK LOCATIONS ............................................................. 22 ARTICLE IV. CITY FACILITIES ........................................................................................ 22 ARTICLE V. BULLETIN BOARDS ................................................................................... 22 ARTICLE VI. ADVANCE NOTICE .................................................................................... 23 ARTICLE VII. NO DISCRIMINATION................................................................................ 23 ARTICLE VIII. ASSOCIATION RELEASE TIME ................................................................ 23

CHAPTER 8. MISCELLANEOUS ......................................................................................................... 24 ARTICLE I. WORK SCHEDULES ................................................................................... 24 ARTICLE II. PROBATION ................................................................................................. 24 ARTICLE III. LAYOFF PROCEDURES ............................................................................. 25 ARTICLE IV. RE-EMPLOYMENT ..................................................................................... 26 ARTICLE V. DISCIPLINARY ACTION ............................................................................ 28 ARTICLE VI. REINSTATEMENT ...................................................................................... 29 ARTICLE VII. SENIORITY .................................................................................................. 29 CHAPTER 1. ADMINISTRATION .......................................................................................................... 1 ARTICLE I. PARTIES TO UNDERSTANDING ................................................................. 1 ARTICLE II. RECOGNITION .......................................................................................... 111 ARTICLE III. STATE LAW COMPLIANCE ........................................................................ 1 ARTICLE IV. CITY COUNCIL APPROVAL ....................................................................... 1 ARTICLE V. CITY RIGHTS ................................................................................................. 1 ARTICLE VI. PAST PRACTICES AND EXISTING MEMORANDA OF
UNDERSTANDING ........................................................................................ 1

CHAPTER 2. SALARIES, OTHER COMPENSATION, AND SCHEDULES ....................................... 2 ARTICLE I. SALARIES .................................................................................................. 222 ARTICLE II. STEP INCREASES ..................................................................................... 332 ARTICLE III. PROMOTION .................................................................................................. 3 ARTICLE IV. OVERTIME ................................................................................................. 443 ARTICLE V. CALL BACK/TELEPHONE PAY .................................................................. 4 ARTICLE VI. COURT APPEARANCES/COURT CANCELLATION ............................ 554 ARTICLE VII. POST CERTIFICATION PAY .................................................................... 554 ARTICLE VIII. TUITION REIMBURSEMENT ................................................................... 665 ARTICLE IX. DEFERRED COMPENSATION PROGRAM ............................................ 775 ARTICLE X. UNIFORM ALLOWANCE ......................................................................... 775 ARTICLE XI. HOLIDAY-IN-LIEU PAY .......................................................................... 776 ATTACHMENT 1
197

ARTICLE XII. BILINGUAL PAY ........................................................................................ 776 ARTICLE XIII. FIELD TRAINING OFFICER PAY ............................................................ 776 ARTICLE XIV. LONGEVITY PAY ...................................................................................... 886 ARTICLE XV. TRAINEE RATE .......................................................................................... 886 ARTICLE XVI. CANINE PAY 886

CHAPTER 3. LEAVES AND SCHEDULING ................................................................................. 10107 ARTICLE I. VACATION ............................................................................................. 10107 ARTICLE II. SICK LEAVE .......................................................................................... 11118 ARTICLE III. BEREAVEMENT LEAVE ...................................................................... 12129 ARTICLE IV. PERSONAL LEAVE ............................................................................... 13139 ARTICLE V. LEAVES OF ABSENCE ....................................................................... 131310 ARTICLE VII. STANDBY TIME OFF POLICY ........................................................... 141411 ARTICLE VIII. DONATION OF LEAVE TIME TO OTHER EMPLOYEES ............... 151511

CHAPTER 4. INSURANCES AND HEALTH CARE ................................................................... 161612 ARTICLE I. HEALTH CARE BENEFITS ................................................................ 161612 ARTICLE II. LONG TERM DISABILITY PLAN ..................................................... 161612 ARTICLE III. LIFE INSURANCE ............................................................................... 161612 ARTICLE IV. RETIREE HEALTH BENEFIT ............................................................. 161612

CHAPTER 5. RETIREMENT PLAN ............................................................................................. 181914 ARTICLE I. PRESENT BENEFITS AND PLAN OPTIONS.................................... 181914

CHAPTER 6. GRIEVANCES, APPEALS, AND HEARINGS ...................................................... 202115 ARTICLE I. GRIEVANCE PROCEDURE ................................................................ 202115

CHAPTER 7. UNION ISSUES ....................................................................................................... 212216 ARTICLE I. DUES ..................................................................................................... 212216 ARTICLE II. UNION REPRESENTATIVES ............................................................. 222316 ARTICLE III. ACCESS TO WORK LOCATIONS ..................................................... 222317 ARTICLE IV. CITY FACILITIES ................................................................................ 222317 ARTICLE V. BULLETIN BOARDS ........................................................................... 222317 ARTICLE VI. ADVANCE NOTICE ............................................................................ 232418 ARTICLE VII. NO DISCRIMINATION ........................................................................ 232418 ARTICLE VIII. ASSOCIATION RELEASE TIME......................................................... 232418

CHAPTER 8. MISCELLANEOUS ................................................................................................. 242519 ATTACHMENT 1
198

ARTICLE I. WORK SCHEDULES ........................................................................... 242519 ARTICLE II. PROBATION ......................................................................................... 242519 ARTICLE III. LAYOFF PROCEDURES ..................................................................... 252620 ARTICLE IV. RE-EMPLOYMENT ............................................................................. 262721 ARTICLE V. DISCIPLINARY ACTION .................................................................... 282922 ARTICLE VI. REINSTATEMENT .............................................................................. 293022

ATTACHMENT 1
199

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CHAPTER 1. ADMINISTRATION

ARTICLE I. PARTIES TO UNDERSTANDING
This Memorandum of Understanding is entered into by and between the CITY OF LIVERMORE, a municipal corporation, hereinafte r referred to as "CITY", and the LIVERMORE POLICE OFFICERS ASSOCIATION, hereinafter referred to as "UNION", pursuant to Government Code 3500, et seq. This Memorandum of Understanding applie s to those classes of employment set forth in Appendix "A" attached hereto and made a part hereof.

ARTICLE II. RECOGNITION
Livermore Police Officers Association is the formal ly recognized employee organization for the Police Employees Unit. The City Manager or designated re presentative is the representative of the City of Livermore in employer-employee relations matters.

ARTICLE III. STATE LAW COMPLIANCE
This Memorandum of Understanding complies with the provision of Section 3500, et seq., of the Government Code of the State of California, and th e City of Livermore City Council Resolution 9-77 in that the parties have met and c onferred in good faith regarding wa ges, hours, and other terms and conditions of employment for the employees in said representati on unit and have freely exchanged information, opinions, and proposals and have endeavored to reach ag reement on all matte rs relating to the employment conditions and employer-employee relations of such employees.

ARTICLE IV. CITY COUNCIL APPROVAL
This Memorandum of Understanding shall be presented to the Live rmore City Council as the joint recommendation of the undersigned pa rties for salary and employee bene fit adjustments for the period commencing May 1, 20251 and ending April 30, 20295.

ARTICLE V. CITY RIGHTS
The rights of the City include, but ar e not limited to, the exclusive righ t to determine the mission of its constituent departments, commission s, and boards; set standards of se rvice; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which government operations are to be conducted; determin e the content of job cl assifications; take all necessary actions to carry out its mission in emer gencies; and to exercise complete control and discretion over its organization and the technology of performing its work.

Nothing in this article shall relieve the city of its obligation to meet and confer on the impact of the exercise of the city’s rights when required by law to do so.

ARTICLE VI. PAST PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING It is the intention of the parties that the term s and provisions of this Memorandum shall govern the issues, terms, and conditions contained herein. Th e Memorandum shall supersede any City policy, rule, resolution, or personnel practice which is in conflict with this Memorandum.

This Memorandum of Understandi ng shall supersede all existing Memorandums of Understanding between the City and the Union.

ATTACHMENT 1
200

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Except as otherwise specifically pr ovided herein, this Memorandum fu lly and completely incorporates the understanding of the parties hereto and constitute s the sole and entire agreement between the parties in any and all matters subject to meet and confer. Neither party shall, during the term of this Memorandum demand any change herein, provided that nothing herein shall prohibit the parties from changing the terms of this Memorandum by mutual agreement.

CHAPTER 2. SALARIES, OTHER COMPENSATION, AND SCHEDULES

ARTICLE I. SALARIES
Effective May 510, 20251, salaries of classifications assigned to this bargaining unit will reflect an increase of fivetwo percent (52.0%) and a market based equity adjustment increase of five percent (5%).

Subsequent contract years will include the following increases:

Effective May 49, 20262 – 32.5%
Effective May 38, 20273 – 32.5%
Effective May 16, 20284 – 3%

In recognition of rising medical costs, the City will increase base salaries as follows:

Effective May 10, 2021 – 0.5%
Effective May 9, 2022 – 0.5%
Effective May 8, 2023 – 0.5%
Effective May 6, 2024 – 0.5%

Market based equity adjustments will increase base salaries as follows:

Effective May 49, 20262 – 20.5%
Effective May 38, 20273 – 20.5%
Effective May 16, 20282024 – 20.5%

Appendix A, attached hereto, shall reflect the salary and market base d equity adjustments associated with the classifications and the salary ranges assigned to each of those classifications.

The City and the Union hereby agree that salary surveys done in the course of negotiations will be based on total compensation to include: Top Step Salar y, PERS EPMC, Medical, Vision, Dental, Life, LTD, Holiday Pay, Uniform Allowance, POST Pay, Edu cational Incentive Pay, Bilingual Pay, FTO Pay, Longevity Pay (MSA), Shift Differential, and Special Assignment Pays.

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 Holiday Pay (Holiday-in-lieu)
 Uniform Allowance
 POST Pay
 Educational Incentive Pay
 Highest Longevity Pay available to a PEPRA member (based on 1/1/13) (including Master Officer)
 If an agency makes CIT pay available to all bargaining unit members and a majority of the relevant bargaining unit receives CIT Pay, the City will also include CIT pay in the “POST Pay” category.

If the total compensation study shows the Police Officer classification more than five percent (5%) below market median, this MOU will reopen on the subject of wages. Any changes to employee wages will be by mutual agreement.

ARTICLE II. STEP INCREASES
No increase in salary shall be automatic merely upon completion of a specified period of service. All increases shall be based on merit as established by record of the employee's performance as measured by specific performance standards and shall require recommendation of the Chief of Police and approval by the City Manager. Standards of performance sh all become prog ressively higher as the employee advances through the salary range. In case of poor j ob performance, a step increase may be withheld. A decision to withhold a step increase shall not be subject to appeal or grievance.

If the City Manager at any time determines that it is in the City's interest, he/shethey may assign an employee to a higher rate w ithin the salary range fixed for the cl assification. The City Manager shall regulate the accelerated advancement through the salary range steps.

Subject to the provisions of Chapter 2, Article II, an employee who has satisfactorily completed the length of service requirement, and who has received a satisfactory rating on a Performance Evaluation, shall receive salary step increases according to the following plan:

Step B - after completion of th irteen (13) pay periods of satisfactory service at Step A.

Step C - after completion of twenty-six (26) pay periods of satisfactor y service at Step B.

Step D - after completion of twenty-six (26) pay periods of satisfactor y service at Step C.

Step E - after completion of twenty-six (26) pa y periods of satisfactory service at Step D.

Such salary step increases shall be effective on th e first day of the pay peri od beginning after meeting the service and performance requirements.

For purposes of defining satisfactory service, leave of absences without pay and sick leave absences of more than 30 consecutive calendar days, shall not be counted toward satisfactory service.

ARTICLE III. PROMOTION
An employee who is promoted from one class to a class in a hi gher range shall be ent itled to the step in the higher range which will result in a base salary increase of not less than one full step; the salary increase shall be equivalent to at least ten percen t (10%) but not more than the maximum rate for that class. Upon promotion to a new classification, the employee shall not lose his/her earned POST pay differential until such time as the promoted employee earns a Supe rvisory POST certificate. The ATTACHMENT 1
202

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effective date of the promotion shall be the new review date for the purpose of determining eligibility for step increases.

ARTICLE IV. OVERTIME
Authorization
All overtime worked must be approved in advance by the Chief of Police or designated representative; provided, however, that for emergency conditions the Chief of Police may approve exceptions to this procedure.

Definition
Overtime shall be paid in accordance with the Fa ir Labor Standards Act (FLSA), subject to the provisions contained herein. The City and the POA re-affirm the 1986 agreement implementing Section 7K of the Act, establishing a 28-day FLSA work cycl ePursuant to FLSA Section 7K, the City utilizes a 28-day work period.

In addition, overtime shall be paid for time worked in excess of a standard work shift or for time worked on a regularly scheduled day off. Su ch overtime shall be paid at the rate of one and one-half times the employee’s straight base hourly rate.

Compensatory time off may be taken in lieu of overt ime payment in accordance with the provisions of the FLSA. Such time off shall be mutually agreeable to the empl oyee and the Chief of Police, or designee, taking into considera tion any emergency requirements fo r staff and serv ices, and the availability of qualified substitute staff. Compensatory time off which accrues in excess of two-hundred (200) hours must be liquidated by monetary payment.

ARTICLE V. CALL BACK/TELEPHONE PAY
When an employee has completed the regularly assigned shift, is on a regular day off, or on paid leave, andIf an employee is called back to work, he/shethe employee shall, upon reporting, receive a minimum of three (3) hours work, or if th ree (3) hours work is not furnis hed, a minimum of three (3) hours of pay at time and one-half (1.5) of the employee’s base hourly rate of pay . This provision does not apply to work performed contiguous with an employee’s scheduled shift (e.g., holdovers) or instances in which the employee is called to report before his/hertheir regular starting time and does work from the time of reporting to his/hertheir regular starting time.

Telephone Pay
When an employee has completed the regularly assigned shift, is on a regular day off, or on paid leave, and is called by a superior officer, or anyone acting at the direction of a superior officer, the Chief of Police or designee, such employee sh all receive compensation in the form of one quarter (.25) hour pay at the overtime rate of one and one half times (1.5) the employee’s base hourly rate of pay.

Such pay shall not be required for telephone calls i nvolving staffing availability, shift assignment, shift coverage or to employees assigned to standby status. Messages left on an em ployee’s answering machine shall not qualify for payment unless the ca ll is returned within one hour.Employ ees are not entitled to the remote call-in mi nimum for incidental te lephone, text, or video contacts (e.g., calls involving staffing availability, shift assignment, shift coverage), to employees assigned to standby, or to calls requiring the employee to return to work.

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Further, such telephone pay shall not be required if the telephone call to the employee requires the employee to return to work resulting in the payment of call back pay.

Remote Attendance
When an employee is required to remotely attend m eetings, trainings, or similar activities during off- duty time, the employee shall receiv e a minimum of one (1.0) hour at one and one half (1.5) times the employee’s base hourly rate of pay. Remote attendance includes but is not limited to: telephonic, video, or virtual attendance.

ARTICLE VI. COURT APPEARANCES/COURT CANCELLATION
In Person Appearances
Any employee who is required to appear in person at court in connection wi th an employee's usual official duties, or in connection with a case in which the City is a party , during the hours other than the normal scheduled workdayoff-duty time, shall receive a minimu m of three (3) hours at his/her overtime rateone and one half (1.5) times the employee’s base hourly rate of pay.

Those employees required to so appear in court on their normal day off or w ho are assigned to and do work the Graveyard shift, shall receive a minimum of four (4) hours at his/her M.O.U. overtime rateone and one half (1.5) times the employee’s base hourly rate of pay.

In the event the court appearance exceeds the minimum time provisions above, the employee shall be paid for all time worked at the M.O.U. overtime rateone and one ha lf (1.5) times the employee’s base hourly rate of pay.

Remote Appearances
When a court appearance is for telephonic, video, other remote test imony, or placed on standby by the District Attorney’s Office, the employee shall recei ve a minimum of two (2) hours at one and one half (1.5) times the employee’s hourly rate of pay. In the event the cour t appearance exceeds the minimum time provision above, the employee shall be paid for all time worked at one and one half (1.5) times the employee’s base hourly rate of pay.

Court Cancellation
In the event an employee is required to appear in court in person or remotely pursuant to a subpoena and such appearance is cancelled within twenty-four (24) hours prior to the scheduled appearance, such employee shall receive (a) two (2) hours pa idy at the overtime rate of one and one half times (1.5) the base hourly rate of pay for scheduled in person testimony and (b) one (1) hour paid at one and one half times (1.5) the employee’s base hourly rate of pay for remote appearances . In order to receive such compensation, the employee shall make a reasonable effort to determine if such court appearance has been cancelled more than twenty-four (24) hours prior to the scheduled appearance.

ARTICLE VII. POST CERTIFICATION PAY
Police Officers who have completed their initial probationary pe riod as a peace officer with the City of Livermore and who receive a Regular Intermediate Certificate or a Regular Advanced Certificate issued by the California Commission on Peace Of ficers Standards and Training (POST) and Police Sergeants who receive a Regular Intermediate, Adva nced, or Supervisory POST Certificate , will be eligible to receive POST Certification Pay as set forth below . An eligible employee shall receive such pay for either the Intermediate or Advanced Certificate, but not both.

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Employees may only be compensated fo r one certificate at a time (i.e ., an employee can only receive pay for the highest-level certificate they have achieved).

The monthly amount of Post Certification amounts pay will be:

 May 5, 2025
o Intermediate - $400/month
o Advanced - $600/month
o Supervisory - $765/month (Sergeant Only)
 May 4, 2026
o Intermediate - $440/month
o Advanced - $750/month
o Supervisory - $925/month (Sergeant Only)
 May 3, 2027
o Intermediate - $480/month
o Advanced - $900/month
o Supervisory - $1,090/month (Sergeant Only)
 May 1, 2028
o Intermediate - $525/month
o Advanced - $1,050/month
o Supervisory - $1,250/month (Sergeant Only)
Intermediate Advanced
$350 $450

The employee shall be responsible for notifying the City that th e Police Chief has certified the application for the POST certificate and upon receipt of the certificate, the employee shall be responsible for notifying the City that the POST certificate has b een received. The effective date of the certificate pay shall be the beginning of th e first pay period commencing afte r the Human Resources Department has received a copy of the certified POST certificate application. Continued certificate pay is contingent upon the employee actually receiving the certification w ithin eight months of th e date the application was sent to POST. If the certificate is not issued by POST, then the employee will be required to pay back the certification pay in full to the City.

Police Sergeants are required to obtain a POST Supe rvisory Certificate as well as the Intermediate and Advanced Certificates. Effective May 1, 2017, a Police Sergeant possessing a POST Intermediate, Advanced and Supervisory certificat e and who has sixty (60) college credits earned at a regionally or nationally accredited college or university shall r eceive certification pay in the amount of six hundred dollars ($600) per month. The no tification provision regarding PO ST certification in the above paragraph shall be applicable to a Police Sergeant. Additionally, to be eligible for this compensation, a Police Sergeant shall be required to provide the city with a copy of their college transcript documenting the earned college credits.

ARTICLE VIII. TUITION REIMBURSEMENT
Employees who have successfully completed their init ial probationary period in a class covered by this Memorandum, shall be eligible to participate in the Tuition Reimbursement Plan. An eligible employee may be reimbursed for three fourths (75%) of the cost of tuition and books for educational courses related to the employee’s work assignment which are attended during off-duty hours. In order to be eligible for tuition reimbursement, the employee must submit the necessary forms and obtain the ATTACHMENT 1
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approval of the City Manager prior to enrolling in th e course. The City Manager’s review and action on a request will follow the City Manager’s Admin istrative Regulation establishing a Tuition Reimbursement Plan procedure.

ARTICLE IX. DEFERRED COMPENSATION PROGRAM
Employees shall be eligible to participate in th e deferred compensation program administered by the City.

Effective May 5, 2025, bargaining unit members who m eet the definition of “new employee” under the Public Employment Pension Reform Act shall recei ve an employer matching contribution of $40 per pay period with an employee contribution of at least $40 per pay period.

ARTICLE X. UNIFORM ALLOWANCE
The Uniform Allowance provided to Police Officers and Police Sergeants and will be $1,250 per year.

The Uniform Allowance shall be paid in equal amounts each pay period as earned.

Newly appointed Police Officers shall be paid th e annual uniform allowa nce on the first payday following employment. In recognition of the uniform allowance advance, the aforementioned employees shall not be eligible fo r, nor receive, an annual uniform allowance as indicated above until one year from the date of advance payment. Employees receiving the uniform allowance advance who resign for any reason within the first year of empl oyment shall repay the total annual uniform allowance amount to the City of Livermore.

ARTICLE XI. HOLIDAY-IN-LIEU PAY
In lieu of all holidays authorized or observed by th e City, Police Officers and Police Sergeants shall receive holiday-in-lieu pay as follows. Holiday-in- lieu pay shall be paid in equal amounts each pay period. The amount of such pay sh all be seven and one-half percen t (7.5%) of the employee’s base hourly pay in effect during the pay period.

ARTICLE XII. BILINGUAL PAY
Police Officers and Police Sergeants certified by th e Chief of Police as meeting court interpreter standards shall receive eighty dollars and seventy-seven cents ($80.77) per pay period for each full pay period they remain certified.

Employees certified as competent at the conve rsational level in Spanish, Vietnamese, Arabic , Farsi, (including Persian, Iranian and Fars i), Chinese, Mandarin, Cantonese, Cambodian, Sign Language and other languages as determined by the Police Chief, shall receive one hundred forty-five dollars ($100.0045.00) per pay period for each full pay period th ey remain certified. Employees receiving bilingual pay at either level are subject to periodic re -certification as a condi tion of receiving such payments.

ARTICLE XIII. FIELD TRAINING OFFICER PAY
Police Officers and Police Sergeants who are assigne d by the Chief of Police the assignment of Field Training Officer (FTO) prob or FTO Sergeant, shall receive four percent (4%) of their base salary one hundred forty dollars ($140.00) per pay period for each full pay period while they are they remain so assigned.

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If a member assigned to FTO duties is not physically fit for duty as a result of a non-work related injury or illness, the member will continue to receive FTO pa y for the first thirty (30) calendar days of such injury or illness.

ARTICLE XIV. LONGEVITY PAY
Effective the firs t full pay period in September 2012, Police Officers and Police Sergeants employed with the City of Liverm ore with five (5) through nineten (910) years of continuous service will be eligible to receive three (3%) percent of monthl y base pay. Police Officers and Police Sergeants employed with the City of Livermore with teneleven (101) or more years of continuous service will be eligible to receive six (6%) percent of monthly base pay.

Effective May 5, 2025, Police Officers and Police Sergean ts will be eligible to receive up to five (5) years of service credit towards longevity for prev ious sworn California law enforcement experience.

Employees must provide proof of prior sworn California law enforcement experience to Human Resources.

ARTICLE XV. TRAINEE RATE
An employee hired as an “entry level” hire required to attend a police academy shall be hired as a Police Trainee.

The Police Trainee is a non-sworn cl assification whose sole duty is to participate in a P.O.S.T. (Commission on Peace Officer Standards and Training) prescribed Police Academy training program sponsored by the City.

Police Trainees are probationary employees until they have successfully completed the Academy. Police Trainees who graduate from the Academy will be appointed to the Police Officer classification immediately upon graduation.

Police Trainees have no due process rights and are not subject to the disciplin ary procedures of this agreement (i.e., they can be terminated for failure to complete the Academy or for any other lawful reason).

As a non-sworn classification, employees in the Poli ce Trainee classification are not entitled to the benefits available only to sworn members, includi ng but not limited to: CalPERS’ Safety Pension, the Public Safety Officers’ Procedural Bill of Rights, Long Term Disability Benefits, or workers’ compensation benefits under Labor Code Section 4850. Police Trai nees will be enrolled in the CalPERS’ Miscellaneous Pension, are eligible for Ho liday-in-lieu Pay, vacation leave, sick leave, and health and welfare benefits, and are limited to a single salary step. In addition, Police Trainees do not qualify for the Uniform Allowance.

Upon completion of the police academy and being sworn in as a police officer, the employee shall be placed at step “A” of the salary schedule for police officer and subject to a new probationary period as a police officer . An employee paid at the trainee rate shall not be in sworn status until completion of academy training.

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per month canine premium pay to account for the necessary time to handle, train, board, and provide care relating to the canine and the canine assignment. The officer will be provided a take home vehicle as part of the canine duties. With the provision of the premium pay and the vehicle, the Police Department expects that efforts will be made to respond as necessary when off-shift. The Police Department shall notify Human Resources of start and end dates of canine officer assignments to ensure proper pay.

ARTICLE XVII. MOUNTED POLICE UNIT
The Livermore Police Department (LPD) will establish a voluntary Mounted Police Unit. The unit will be staffed as a collateral assignment for up to four members of the Police Department from the ranks of Police Officer and Police Sergeant. Assigned members will be required to use their own, privately owned horses for all events, call outs, and trainings. The Police Department will determine the selection criteria for and roles and required responsibilities of unit members including, but not limited to training, event participation, and deployment responsibilities. Activities and deployments are covered under the Livermore Police Department Policy Manual, Policy No. 318.

Unit members shall be compensated eight hundred dollars ($800) monthly to offset the cost for the care, grooming, boarding, and feeding of the horses.

Upon appointment to the unit, all members will be eligible for the following department provided equipment, to be used for Livermore Police Department activities only:

o Saddle/Breast Collar/Back Girth
o Saddle Pads
o Briddle/Reins
o Bits
o Training Halter and Lead Rope/Patrol Halter and Lead
o Saddle Bags
o Bridle Bags
o Saddle Fitting
o Boots
o Helmet

All unit members will be eligible to use department provided horse trailers equipped with an appropriate first aid kit.

Unit members will be eligible for up to four hours (4) of pay at the overtime rate of one and one-half times (1.5) the employee’s base hourly rate of pay (2 hours before and 2 hours after) for each event, deployment, or training attended. When staffing levels permit, training day schedules will be adjusted to reduce required overtime. However, if the event is completed on a normally scheduled day off, the time will be compensated at the rate of one and one-half times (1.5) the employee’s base hourly rate of pay.

The Chief of Police will have the sole authority to continue or terminate the Mounted Police Unit based on the Department’s needs.

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CHAPTER 3. LEAVES AND SCHEDULING

ARTICLE I. VACATION
Eligible employees shall accrue vacation as follows:

Years of Service Accrual Rate Per Month Accrual Rate Per Pay Period First through fourth 8.57 hours 3.96 hours
Fifth through eleventh 11.43 hours 5.28 hours
Twelfth through fourteenth 14.29 hours 6.60 hours
Fifteenth through sixt eenth 15.71 hours 7.25 hours
Seventeen or more 17.14 hours 7.91 hours

Qualifying
Each eligible employee shall be required to have se rved the equivalent of one (1) year of continuous service in the City in order to be eligible for his/hertheir full annual vacation l eave; provided, however, that after six (6) months of continuous service he/shetheir may be permitted to take vacation leave not to exceed five (5) working days at the discretion of the Chief of Police.

Vacation Scheduling
The times during a calendar year in which an employee may take vaca tion shall be determined by the Chief of Police with due regard to the wishes of th e employee and particular re gard to the needs of the service. If the requirements of the service are such that an employee must defer a part or all of his/her annual vacation in a particular calendar year, the appointing authority will allow the employee to take such deferred vacation during the following calendar year. A written report of each deferred vacation, signed by the Chief of Police noting the details, shal l be kept on file with the Chief of Police and Administrative Services Direct or. Those deferred vacation hour s may not cause the employee’s vacation accrual to exceed a maximum of Three Hundred and Fifteen (315) hours.

Vacation Accumulation
Employee may accumulate up to Three Hundred a nd Fifteen (315) maximu m hours of vacation.

Accrual will terminate after the employee accumulates the 315 maximum vacation hours.

Compensation-In-Lieu of Vacation
When an employee working their regular schedule and assignments and whose accumulated vacation is at the maximum, requests vacation time off and th e request is denied by the Chief of Police for departmental necessity, that employee may be grante d compensation at full pay in-lieu of vacation accrued.

Vacation Cash Out
An employee may receive a cash payment for unused vacation hours provided the employee has used a minimum of forty (40) hours vacation leave from the December payment of the previous year to the June payment of the current year and/or eighty (80) hours of vacation leave from the December payment of the previous year to the December payment of the current year, retains a minimum balance of (40) hours of vacation, and cashes out a min imum of forty (40) hours. Paym ents shall be ma de in June and December of each year.

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During the month of December of each year, employees must make an irrevocable election to cash out vacation in the following calendar year. Failure to submit an irrevocable election form shall be the same as electing not to cash out vacation leave during the following calendar year.

The employee will be responsible to make sure they have used the required number of hours and that the elected vacation hours to be cashed out are available at the time of each vacation cash out. If an employee has not met the leave usage requirement or does not have enough vacation hours, the employee will not be eligible for that vacation cash out during the year.

The City Manager may suspend the payout provision if she/he determin es that a demonstrated fiscal crisis exists.

Vacation Pay at Termination
Employees who terminate employment shall be paid a lump sum for such vacation accrued as provided in sections Vacation Benefits and Vacation Accumulation. No such payment shall be made for vacation accumulated contrary to the provision of this Memorandum of Understanding.

ARTICLE II. SICK LEAVE
Benefits
Sick leave with pay shall be granted by the appointi ng authority at the rate of eight (8) hours for each calendar month of service. Sick leave usage shall not be considered a privilege which an employee may use at discretion, but shall be allowed only in case of necessity of actual sickness or disability. Unused sick leave shall be accumulated at the rate of ninety-six (96) hours a year. In no event shall sick leave be converted into a cash bonus. Sick leave may not be used before it is earned.

Notification Requirement
In order to receive compensation when absent on sick leave, the employee shall notify the department in conformance with established policies prior to the time set for reporting for duty.

Doctor's Certificate or Other Proof
At the discretion of the employee's unit supervisor, a physician's certificate or personal affidavit may be required for any period of absence fo r which sick leave is claimed; how ever, when absence is for more than three (3) consecutive work days, the employee shall file a physician's cer tificate or a personal affidavit with the Chief of Police or Administrative Services Director of Personnel with the expected return to work date.

Family Illness
An employee may use sick leave for absences cause d by the illness or injury of a member of the employee's immediate family which requires the presence of the employee. Granting of such leave shall be in accordance with the provisions of the Cali fornia Labor Code section 233, which permits an employee to use up to one-half of the annual sick leav e accrual to care for an ill family member, as defined in labor Code Section 233.

Immediate Family
For purposes of the use of sick leave due to fa mily illness or death, “immediate family” shall include family members identified in Labor Code Secti on 233. In addition, “immedi ate family” shall include grandparents of the employee, empl oyee’s brother and sister, or a re lative residing in the employee’s home.

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General
Sick leave is not granted for: (1) any sickness or injury purpos ely self-inflicted or caused by the employee's own willful misconduct; or (2) disability arising from any sickness or injury related to employment other than with the City of Livermore.

Sick leave is not granted and no cash payment is made for accumulated sick leave at the time of termination or retirement.

Accrued sick leave may be used during a period of pregnancy leav e, as provided under the City's Personnel Rules.

Parental Leave
Any employee who becomes a parent by adoption or any male empl oyee who becomes a father due to the birth of a child may request the use of four (4) da ys (44 hours) of si ck leave to be with the child.

Such leave will be in addition to and may be combined with, that allowed under the City's Personnel Rules and Regulations, Chapter 11, Section 11.04, Sub-section C.

ARTICLE III. BEREAVEMENT LEAVE
In the event of a death in the immediate family of an employee, the employee shall, upon request, be granted time off, not to exceed three (3) work shifts for full-time employees. The immediate family shall be defined as followsas any of the following of the employ ee, the employee’s spouse, or the employee’s registered domestic partner:

 Spouse or registered domestic partner,
 Cchild(ren) of the employee or spouse,
 Pparents of employee or spouse,
 employee's brother or sisterSiblings,
 employee’s grandparentsGrandparents,
 Grandchildren
 domestic partner or aA relative residing in the employe e's home or dependent upon the employee for full support.

In the event of the death of an employee's non-immediate family, an employee may use up to three work shifts of accumulated sick leave. Th e non-immediate family shall be defined as any of the following of the employee, the employee’s spouse, or the employee’s registered domestic partner: follows:

 Brother or sister of the employee's spouse; spouse’s grandparents.Aunt or Uncle

Employees may supplement the paid bereavement leav e with accrued leave (including vacation or sick leave) to reach a total of five (5) workdays of time off per incident of bereavement. Employees may schedule additional time off, as needed, using accrued vacation, personal leave, or compensatory time off with the approval of their supervisor.

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head and approval of the City Manager. Such extens ion may not exceed two work shifts of additional sick leave hours.

Bereavement leave applies only in instances which the employee attends the funeral or is required to make funeral arrangements.

ARTICLE IV. PERSONAL LEAVE
Each LPOA employee shall be eligible for personal le ave. Personal leave shall be credited and taken in accordance with the Personal Leave policy governing pe rsonal leave days described in the "Personal Leave Policy", see Attachment "1", and credited as follows:

Sixteen (16) hours for each eligible employee.Sixteen (16) hours with an increase of eight (8) hours for each five (5) years of service to a maximum of forty (40) hours for each eligible employee.

Effective January 1, 2018, each LPOA employee shall be eligible for personal leave as follows:

Sixteen (16) hours for each eligible employee.

ARTICLE V. LEAVES OF ABSENCE
Leave Without Pay
The City Manager may grant a leave of absence without pay for up to th ree (3) months, and at the City Manager's sole discretion, extension of such leaves may be granted. No such leave shall be granted except upon the written request of the employee, and such request shall be s ubmitted to the Chief of Police and the Administrative Services Director of Personnel. Such leaves may be granted to permit the employee to engage in activities that will increase theirhis/her value to the City upon return, or because of sickness, injury, or personal hardship. Employees may not be granted a leave of absence without pay until all accrued vacation or other leave time for which they are eligible has been taken, unless otherwise determined by the City Manager whos e decision shall be final. Failu re on the part of the employee on leave to report promptly at its e xpiration shall result in dismissal of the employee. Vacation, sick leave, and any other benefit or compensation shall not accrue to an employee on a leave of absence.

Employees qualifying for and receiving long-term disa bility benefits will automatically be granted a leave of absence without pay or benefits for the duration of their disability, but not to exceed twelve (12) months.

Job Incurred Injury Leave
Any employee covered by this Memo randum of Understanding who has suffered any disability arising out of and in the course of theirhis or her employment, as defined by the Workers' Compensation Laws of the State of California, shall be entitled for the period of such disability to the maximum provided under State Law. During the period the employee is paid 4850 benefits by the City, the employee shall assign or endorse to the City disabi lity benefit payments received as a result of Workers' Compensation Insurance coverage, if any, except re imbursement for travel. In the ev ent that the payment received by the employee is not endorsed to the City, a payro ll deduction for the amount of the payment will be made the payroll period following notification to the City by Workers' Compensation that the check has been issued to the employee. The City reserves the right to withhold payment of any disability benefits until such time as it is determined whether or not the illness or injury is covered by Workers' Compensation. Until such time as a determination is made, the employee shal l be eligible to use theirhis/her accrued sick leave, vacation leav e and, if applicable, the long te rm disability benefit. The benefits of sick leave, vacation le ave, and job incurred injury leave sh all be mutually exclusive, and no ATTACHMENT 1
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disability leave may be used for the purposes specified under Chapte r 3, Article II, Sick Leave, or Chapter 3, Article I, Vacation Le ave of this Memorandum of Understanding, and no sick leave or vacation leave benefits may be used for the purposes specified under this provision.

Jury Duty
An employee summoned to jury duty shall inform theirhis/her unit supervisor and, if required to serve, may be absent from duty with full pay only for those hours required to serve. A ny jury fee, excluding mileage, meals, or other expenses reimbursed by the court, received by the employee shall be remitted to the City.

Military Leaves of Absence
The provisions of the Military and Veterans Code of the State of California shall govern military leave of City employees except as preempted by Federal Statutes.

In addition to the requirements set forth in Military and Veterans Code of the State of California, the City shall provide salary and hea lth benefit continuation for an empl oyee’s ordered military service for up to a total of one (1) year of mi litary service. For purpos es of this section, sa lary continuation shall mean the difference between the employee’s military pay and the employee’s salary.

Compliance with Federal and State Leave Acts
The City of Livermore will provide medical and family leave to em ployees who qualify under Federal and State Statues established by the Federal Family and Medical Le ave Act, the California Family Rights Act, California Pregnancy Disa bility Act, and such other Fede ral and State Acts which mandate such types of leaves.

ARTICLE VII. STANDBY TIME OFF POLICY
Employees assigned to and who perf orm standby shall accu mulate two and three-quarters (2.75) hours of time off for each day so assigne d and will be provided a take home vehicle for such assignment. An on-call work assignment must be reported to the police department during the assigned pay period.

Specific positions assigned to standby are as follows : Criminal Investigatio ns Bureau (CIB) (one Sergeant and two detectives); Traffic (two Traffic members). Additionally, one officer may be assigned for Crime Scene related work.

At such time as the Police Sergeant currently assi gned (May 2021) to CIB rotates out or otherwise leaves the assignment, but not la ter than July 2023, the following pr ovision shall become effective and replace the previous paragraph:

Specific positions assigned to standby are as fo llows: Criminal Investigations Bureau (CIB) (two CIB members); Traffic (two Traffic members) . Additionally, one officer may be assigned for Crime Scene related work.

Employees may choose to take accumu lated standby time off with pay at a time mutually agreeable to the employee and their supervisor or the employee shall be paid at the end of e ach calendar year for all unused hours at the employee’s base hourly rate of pay in effect on December 31 st. In the event the
employee is unable to take accumulated standby time off by the end of each calendar year, the employee shall be paid for all accumulated standby time off at the end of each year.

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ARTICLE VIII. DONATION OF LEAV E TIME TO OTHER EMPLOYEES This is a system whereby a member covered by this Memorandum may donate accumulated time off from compensatory time or vacation accruals to another member. The City sha ll limit such donations to situations where the reason of the donation of leave time is necessitated by the illness or injury of the recipient and who is threatened with loss of earni ngs due to the exhaustion of the recipients leave benefits.

All such donations shall only be us ed in those situations where the recipient member is expected to return to full duty. This Memorandum shall no t prevent members from dona ting such time to City employees not covered by this Memorandum.

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CHAPTER 4. INSURANCES AND HEALTH CARE

ARTICLE I. HEALTH CARE BENEFITS
The City will provide a cafeteria benefit of $1,950 per month to be used towards medical premiums.

Any unused portion of the cafeteria benefit will be paid as taxable income to the employee.The City will provide a monthly contribution from which the employee may pay medical, dental, and vision premiums. If an employee requests to cancel/waiver the City insurance coverage, the employee must present proof of medical, dental, and/or vision insurance coverage through another provider.

Employees covered under another group medical provider, can waive the City insurance coverage and receive the benefit as taxable income by providing proof of medical insurance coverage through another group provider. The employee will be required to certify their coverage on an annual basis during the open enrollment period in order to continue receiving the benefit.Any unused portion of the City’s contribution will be added as taxable income to the employee’s earnings.

Effective January 1, 2016, this contribution will be $1,950 per month.

Effective July 1, 2025, the City will pay the premiums for the dental and vision plans selected by the employee.

Change in Employee Benefit Plans
The City may evaluate health, medical, or dental pl ans currently available to employees to determine if similar or better coverage may be available to the C ity. The City may substitute new insurance carriers, benefit providers, or arrange for self-insurance provide d that coverage is compar able to or superior to the present coverage after meeting and conferring on such changes with the Union.

ARTICLE II. LONG TERM DISABILITY PLAN
Eligible employees shall be provi ded with the PORAC Long-Term Disability Benefits Program. The City shall pay the premiums for this benefit for the term of this MOU.

The premium amount shall be added as an additiona l pay to the employee and shall be deducted from the employee’s pay as an after-tax employee contribution. The additional pay is not subject to CalPERS.

ARTICLE III. LIFE INSURANCE
The City shall provide Eighty Thousand Dollars ($80,000) of life insurance for each eligible employee.

ARTICLE IV. RETIREE HEALTH BENEFIT
The following retiree medical program will apply to employees hired before February 1, 2007.

Eligibility Criteria
The following eligibility criteria will apply to LPOA employees hired prior to February 1, 2007 for the City’s Retiree Health Benefit as described herein:

1. The employee must have retired within one hundred twenty (120) days of their last day of employment with the City of Livermore, and

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five (5) years of full-time employment or equivalent with the City of Livermore. The total years of service working for a CalPERS covered employer or an employer with CALPERS reciprocity will be validated by CalPERS and/or the employee’s former employers at the time of retirement. For purposes of this subsection, service credit shall not include service credit purchased pursuant to SB 719.

Industrial Disability Retirement
An employee who retires from the City of Livermore with an industrial disability retirement from CalPERS and who is totally disabled will be eligible for this benefit regardless of his or her length of service.

Reimbursement Amount
The percentage used to calculate the reimbursement amount will be based on the percentage schedule listed below and the maximum dollar allotment for active employees for medical insurance (excluding dental not to exceed $83.60). Kaiser Retiree Plan A Health Plan premium rate for an employee and one dependent. If the City institutes the CalPERS medical plan, the CalPERS Kaiser North Plan premium rate for a retired employee and one dependent would replace the Kaiser Retiree Plan A rate. The retiree health benefit will reimburse the cost of medical insurance; this does not include premium costs for dental, vision, or other similar forms of health services.

Years of Service City’s Contribution
15 75%
20 85%
25+ 100%

The reimbursement amount will be for the actual cost of the monthly premium for medical insurance for the retiree and one dependent. The reimbursement amount shall not exceed the maximum amount that the retiree qualifies for based on the Kaiser Retiree Plan A premium rate for the employee plus one dependent and his or her years of service and shall not exceed the maximum dollar allotment for active employees for medical insurance (excluding dental not to exceed $83.60 per month) as set forth in Chapter 4 Article I.

Reimbursement Amount for Employees Retiring After April 30, 2025 Qualified Bargaining Unit employees who were hired before February 1, 2007 and who retire after April 30, 2025 shall receive a reimbursement amount based on the below schedule. The retiree health benefit will reimburse the cost of medical insurance; this does not include premium costs for dental, vision, or other similar forms of health services.

Years of Service City’s Monthly Contribution
15 $1,462.50
20 $1,657.50
25+ $1,950.00

The reimbursement amount shall be limited to the actual cost of medical insurance for the retiree and eligible dependents and shall not exceed the maximum amount for which the retiree qualifies based on years of service.

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Upon the retiree’s eligibility for Medicare, the City will reimburse an amount including the cost of Medicare Parts A and B, if the employee is required to obtain such parts to secure medical coverage.

The total amount of the reimbursement will not exceed the maximum amount for which the retiree qualifies based on years of service.

The total amount of the reimbursement will not exceed the maximum amount the retiree qualifies for based on the Kaiser Retiree Plan A premium rate for the employee plus one dependent and his or her years of service.

A surviving spouse of a deceased retiree will be eligible to receive reimbursement in an amount equal to fifty percent (50%) of the reimbursement amount in effect at the time of death of the retiree. The surviving spouse must have been married to the retiree at the time of retirement. Eligibility for this benefit will cease upon remarriage or death of the spouse.

Administration
The City Manager will determine what form of evidence and frequency of its submission to the City is necessary for verification of retiree medical insurance coverage. Additionally, the City Manager will be responsible for establishing all procedures and policies necessary for administering the program in an orderly and equitable manner.

Retirement Health Savings Account
Employees hired prior to February 1, 2007 shall also participate in the City’s retirement health savings account program with a mandatory employee contribution of one (1%) percent.

Employees Hired On or After February 1, 2007
Employees hired on or after February 1, 2007 shall not be eligible for the retirement health benefit described in Article IV above. An employee hired on or after February 1, 2007 shall receive a retirement health savings account with a City contribution equal to five percent (5%) of the employee’s base salary; the employee shall be required to contribute one percent (1%) of his/her base salary.

CHAPTER 5. RETIREMENT PLAN

ARTICLE I. PRESENT BENEFITS AND PLAN OPTIONS
The City of Livermore contracted with the Calif ornia State Employees’ Reti rement System for an employee’s retirement plan eff ective December 1, 1951. The retireme nt plan is now titled California Public Employees’ Retirement System (CalPERS ). Said plan was first amended effective November 1, 1959, and subsequently further amended as follows:

AMENDMENT

EFFECTIVE DATE SUPERSEDED
Three Year Final Compensation Jul y 1, 1967 June 18, 1990 1959 Survivor Benefits Jul y 1, 1967 June 18, 1990
2%@55 Formula for Local Safety Members Au gust 1, 1973 Februar y 7, 1983 Credit for Unused Sick Leave November 22, 1978
2%
@50 Full Formula for Local Safety Members Februar y 7, 1983 Februar y 12, 2001 Third Level 1959 Survivor Benefits June 18, 1990 Februar y 1, 1998 ATTACHMENT 1
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One Year Final Compensation June 18, 1990
EPMC Reported as Special Compensation December 25, 1995 Fourth Level Survivor Benefit February 1, 1998
Death Benefit/Remarriage Februar y 1, 1998
3%@50 formula for Local Safety Members Februar y 12, 2001 Military Service Credit September 1, 2004
3%@55 Formula for Local Safety Members with
Three Year Final Compensation December 30, 2012

2.7%@57 Formula for Local Safety Members
with Three Year Final Compensation January 1, 2013

Effective December 30, 2012, newly hired classic Ca lPERS members, as defined under the Public Employees’ Pension Reform Act (PEPRA), are covere d by the 3% @ 55 retirement formula with the highest average annual compensation earned during three (3) consecutive years of CalPERS service, as defined in CalPERS Employees’ Retirement Law. Such newly hired employees shall pay the employees’ nine (9) percent contribu tion using the provisions in IRSC Section 414(h)(2). Other plan options are set forth above.

As a result of the passage and enactment of PEPRA effective in January 2013, employees covered under this Memorandum and determined to be new members to the Californ ia Public Employees’ Retirement System shall make retirement contri butions consistent with the provisi ons of PEPRA. Such provisions include a mandatory member retirement contribution of 50% of the total normal cost for the plan with a retirement formula of 2.7%@57 and the highest average annual compensation earned during three (3) consecutive years of CalPERS service.

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CHAPTER 6. GRIEVANCES, APPEALS, AND HEARINGS

ARTICLE I. GRIEVANCE PROCEDURE
A grievance is any disput e which involves the interpretation or a pplication of any pr ovision of this Memorandum of Understanding or the Personnel Rules and Regulations. (Exception: Decisions by any City official as established by th is Memorandum or the City Personnel Rules and Regulations are final, and shall not be subject to the grievance procedur e.) A grievance may be filed by an employee or the Union. In the event the grievance is filed by the Union, the grievant shall be named.

Prior to filing a formal grievance, an employee w ho has a complaint shall discuss the complaint with his/hertheir unit supervisor within twenty (20) calendar days of the knowledge of the cause of the complaint. If the employee is no t satisfied with the response of his/hertheir unit supervisor, the employee may, either individually or by instructing the representati ve of the Union, file a written grievance with the Division CommanderPolice Captain stating the particulars of the grievance and the nature of the determination desired. The grievance mu st be filed within ten (10) calendar days after the unit supervisor’s response. The Division CommanderPolice Captain shall immediately forward a copy of the grievance to the Administrative Services Director of Personnel.

Within ten (10) working days after receipt of the written grievance, the Division CommanderPolice Captain or designee shall give a written response to the grievant with a copy to the Administrative Services Director of Personnel. The response shall identify the issu es and determine a resolution to the grievance.

If an employee is not satisfied with the decision of the Division CommanderPolice Captain or designee, the employee may, either individually or by instructing the representati ve of the Union, appeal to the Chief of Police. Such an appeal must be presented in writing stating the particulars of the grievance and the nature of the determination desired within ten (10) working days after receipt of the Division Commander’s Police Captain or designee’s written respons e. The Chief of Police or designee shall investigate the grievance and, within ten (10) worki ng days after receipt of the written appeal, give a written response to the grievant with a copy to the Administrative Services Director of Personnel. The response shall identify the issues and determine a resolution to the grievance.

If the employee is not satisfied w ith the decision of the Chief of Police, the employee may, either individually or by instructing the representative of the Union, appeal to the City Manager by filing a written appeal with the Administrative Services Director of Personnel within ten (10) working days after receipt of the Police Chief or designee’s determination.

Such appeal should state the particulars of the grievance and the dete rmination desired. The grievance shall be investigated by the City Manager, or his their designee, and a meeting will be held between the City Manager (or designee) and the grievant. The City Manager or their designee shall consider the grievance and related reco mmendations, and render a decision within fifteen (15) working days of such meeting. The decision of the City Manager (or designee) shall be final.

No grievance involving a non disciplinary compensation issue will be entertained unless it is filed in writing with the Administrative Services Director of Personnel within five (5) working days of the time the affected employee was notified of such action. A copy of the grievan ce will be sent to the Chief of Police.

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All complaints involving or concer ning the payment of comp ensation shall be initially filed in writing with the Administrative Services Director of Personnel . Only complaints whic h allege that employees are not being compensated in accordance with the provisions of the Memorandum of Understanding and Personnel Rules and Regulations shall be considered as grievances. Any othe r matter of compensation is to be resolved in the meeting and conferring process and, if not detailed in the Memorandum of Understanding which results from such meeting and conferring process, shall be deemed withdrawn until the meeting and conferring pro cess is next opened for such disc ussion. No adjustment shall be retroactive for more than sixty (60) days from the date the complaint was filed.

CHAPTER 7. UNION ISSUES

ARTICLE I. DUES
Dues Deduction
Payroll deductions for membership dues shall be granted by the City Manager only to the Union. The following procedures shall be observed in the withholding of employee earnings:

A. Payroll deductions shall be for a speci fic amount and uniform as between employee members of the Union and not include fines, fees and/or assessmen ts. Dues deduction shall be made only upon the employee's written authorizat ion on a payroll deduction form provided by the City of LivermoreUnion’s certification that it has and will maintain an authorization, signed by the individual from whose salary or wages the deduction or reduction is to be made.

B. The City shall direct employee requests to cancel or change deductions to Union and shall rely on information provided by Union regarding whethe r deductions were properly canceled or changed.Authorizat ion, cancellation, or modification of payroll deduction shall be made upon forms provided or approved by the City Manager. The voluntary payroll deduction authorization shall remain in effect until employment with the City is terminated or until canceled or modified by the employee by written notice to the City Manager. Employees may authorize dues deduc tions only for the Union certified as the recognized representative of the unit to which such employees are assigned.

C. Amounts deducted and withheld by the City shall be transmitte d to the officer designated in writing by the Union as the person authorized to receive such funds at the address specified.

D. The employee's earnings must be sufficient, after all other required deductions are made, to cover the amount of the deductions herein authorized. When an employee is in a non-pay status for an entire pay period, no withholdings will be made to cover that pay period from future earnings, nor will the employee deposit the amount with the City which would have been withheld if the employee had been in pay status during that period. In the case of an employee who is in a non-pay status during a part of the pay period and the salary is not sufficient to cover the full withholding, no deduc tion shall be made. In this connection, all other required deductions have priority over the Union dues deduction.

E. The union shall file with the City Manage r an indemnity statement wherein the Union shall indemnify, defend and hold the City ha rmless against any claim made and against any suit initiated against the City on account of check off of Union dues or premiums for ATTACHMENT 1
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benefits. In addition, the Uni on shall refund to the City an y amounts paid to it in error upon presentation of supporting evidence.

ARTICLE II. UNION REPRESENTATIVES
City employees who are official representatives of the Union shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hear ings where matters within the scope of representation or grieva nces are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City servi ces as determined by the City. Preparations for negotiations shall not occur on City time. Such empl oyee representatives shall submit a written request for excused absence to their respective department heads, with an information copy to the City Manager, at least two (2) worki ng days prior to the sche duled meeting whenever possible. Except by mutual agreement, the number of employees excused for such purposes shall not exceed two (2).

ARTICLE III. ACCESS TO WORK LOCATIONS
Reasonable access to employee work locat ions shall be granted officers of the Union and their officially designated representatives, for the purpose of processing grievances or contacting members of the Union concerning business within the scope of representation. Such officers or representatives shall not enter any work location without the consent of the Chief of Police. Access shall be re stricted so as not to interfere with the normal operations of the depar tment or with established safety or security requirements.

Solicitation of membership and activities concerned with the internal management of the Union, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature, shall not be conducted during working hours, unless appr oved in advance by the City Manager.

The Union may use the City’s e-mail system to advise members of Union meetings. Using the City’s e- mail system for any other purpose is prohibited. Viola tions of this section will result in the loss of the use of e-mail for meeting notification purposes.

ARTICLE IV. CITY FACILITIES
City employees, the Union, or their representatives may, with the prio r approval of the City Manager or designee, be granted the use of City facilities during non-work hours for meet ings of City employees provided space is available. All such requests shall be in writing and shall state the purpose or purposes of the meeting. The City reserves the right to assess reasonable charges for the use of such facilities.

The use of City equipment other th an items normally used in the conduct of business meetings, such as desks, chairs, and whiteboards, is strictly prohibite d, the presence of such equi pment in approved City facilities notwithstanding.

ARTICLE V. BULLETIN BOARDS
The Union may use portions of City bulletin boards under the following conditions:

A. All matters must receive the approval of the Chief of Police or a designated representative.

B. All materials must be dated and must identify the Union that published them.

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C. The actual posting of materials will be done by the City, as soon as possible after they have been approved. Unless special arrangements are made, materials posted will be removed thirty-one (31) days after the publication date. Materials which the Chief of Police considers objectionable will not be poste d. In instances where the Chief of Police denies approval, the Union may appeal such denial to the Administrative Services Director of Personnel.

D. The City reserves the right to determin e where bulletin boards shall be placed and what portion of them are to be allocated to Union's materials.

E. If the Union does not abide by these rules, it will forfeit its right to have materials posted on City bulletin boards.

ARTICLE VI. ADVANCE NOTICE
Except in cases of emergency, reasonable advance written notice shall be given the Union of any ordinance, rule, resolution, or regulation directly re lating to matters within th e scope of representation proposed to be adopted by the City Council, by a ny board or commission of the City, or by any department, and each shall be given the opportunity to meet with such body prior to adoption. In cases of emergency when the City Council determines that an ordinance, rule, resolution, or regulation must be adopted immediately without pr ior notice or meeting with the Un ion, the City shall provide such notice and opportunity to meet at the earliest practi cal time following the adop tion of such ordinance, rule, resolution, or regulation.

For purposes of this Article, emergency shall mean a situation or occurrence of a serious nature, developing suddenly and unexpectedly, and demanding immediate action.

ARTICLE VII. NO DISCRIMINATION
There shall be no discrimination based on race, colo r, ancestry, national origin, religion, creed, sex, sexual orientation, perceived sexual orientation, age, physical or mental disab ility, marital status, political opinion or affiliation, or legitimate Union activities.

ARTICLE VIII. ASSOCI ATION RELEASE TIME
Livermore Police Association Board Members or othe rs as designated by th e Board, subject to the approval of the Police Chief or designee, shall be allowed a reasonable period of time without loss of compensation for the sole and exclusive purpose of conducting transactions of the Livermore Police Officers Association. Said am ount of time sha ll not exceed three (3) hour s per day for each Board member or designee and an aggregate not to exceed tw o hundred forty (240) hours per fiscal year for all such Board members and others designated by the Board provided every reasonable effort is made to conduct Association meetings and/or business on non-duty time. Permission to attend Association meetings on duty must be obtained forty- eight (48) hours in advance from the Police Chief or designee.

Permission to conduct Association business or atte nd Association meetings is conditioned upon field and/or assignment conditions.

As part of the two hundred forty (240) hours per year paid release time for Association Board members, up to a total maximum of six (6) days [eight (8) hour and eleven (11) h our shifts are c onsidered as one (1) day] may be used to attend police related conferences, seminars or conventions. Permission to attend such conferences or conventions must be obtained two (2) weeks in advance from the Police Chief or designee.

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Association members may each donate up to eleven ( 11) hours each calendar year of their accumulated vacation and/or compensatory time to an LPOA rel ease time bank. Such donated time shall be subject to the same usage parameters as the aforementioned two hundred forty (240) hours provided by the City.

Donated time not used in the current calendar year shall roll-over into the next calendar year.

CHAPTER 8. MISCELLANEOUS

ARTICLE I. WORK SCHEDULES
The regular work schedule shall consist of an average of 2,080 hour s per year with weekly work schedules averaging 40 hours overall. Such hours of work shall be determined by the Chief of Police.

The 4/11 shift schedule requires that employees work an additional seventy-tw o (72) hours per year to meet the 2,080 hours worked per year requirement. In order to meet the seventy-two (72) hour requirement, sixty-three ( 63) hours will be scheduled as traini ng/range training days (55 hours for continued professional training and 8 hours for range specific training) and nine (9) hours will be deducted from an employee’s leave accruals based on their election of vacation, compensatory time, or personal leave at the beginning of the payroll ca lendar year. Employees who do not make a leave election by the beginning of the payr oll calendar year will have a default election of nine (9) hours deducted from their personal leave. If there is not sufficient personal leave to cover the nine (9) hours, the balance of the required deduction will be take n from the employee’s vacation accruals. For new employees, the nine (9) hours will be deducted from the elected vacation, compensatory time, and/or personal leave once it is available. The tracking period for the additional hours worked per year is based on the payroll calendar year.

The parties agree to keep in place during the term of this Memorandum the schedules in use at the time of the signing of this agreement. Any change in these schedules in a subsequent Memorandum shall be subject to meet and confer, including impasse procedures.

ARTICLE II. PROBATION
All original and promotional appoint ments shall be subject to a proba tionary period. The probationary period shall be regarded as a part of the testing pr ocess and shall be utilized for closely observing the employee's work for securing the mo st effective adjustment of a ne w employee to his/her position and for rejecting any probationary employee whose perfo rmance does not meet th e required standards of work.

A Police Officer hired as a lateral transfer will serve a twelve (12) month probationary period.

A Police Officer hired as a lateral transfer oran academy graduate will serve an eighteen (18) month probationary period.

A Police Trainee will be on probation until they satisfactorily complete the police academy and are sworn in as a Police Officer. They will then be requi red to serve an eighteen (18) month probationary period as an academy graduate Police Officer.

The probationary period for employees classified as Police Sergeants is twelve (12) months.

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During the probationary period, an em ployee may be rejected at any time by the Chief of Police or division head after approval by the appointing authority wit hout cause and without the right of appeal.

Notification of rejection in writing shall be served on the probatione r with a copy to be filed with the City Manager or Administrative Services Director of Personnel.

Prior to the completion of the prob ationary period, the Chief of Police or a designated representative shall file with the City Manager or Administrative Services Director of Personnel a notification in writing stating that the services of such employees shal l be retained or rejected. Thereafter and prior to the completion of the probationary period, the City Manager or Administrative Services Director of Personnel shall provide such notification to the affected employee.

Any Police Sergeant rejected during the probationary period following a promotional appointment shall be reinstated to a position as a Police Officer except when discharged for cause.

ARTICLE III. LAYOFF PROCEDURES
The City Manager, subject to the approval of the City Council and after consultation with the Chief of Police, may layoff an employee because of material changes in duties or organization, shortage of work, or funds. Thirty (30) days before the effective date of the layoff, the appointing authority shall notify the City Council of the intended actions and the reasons therefore.

In the event of a layoff, the employee in the classifi cation in which the City is reducing the work force who has the least seniority in that classification length of service in that classification may displace the least senior employee in the next lo wer paying classification(s) within th e job family or previously held classification, provided such di splaced employee has less service in that classification. If an employee has service in a non-sworn classification, they may displace the least senior employee in the non-sworn classification. If there is no lower paying classification, the l east senior employee(s) shall be laid off.

Seniority shall be determined as set forth in Chapter 8, Article VI of this agreement.

For purposes of this section, length of service in higher paying classifications shall be counted as service in any lower paying classification in the same job family. Non-regular part-time, provisional, or temporary employment shall not be counted in calculating seniority.

Re-assignment or displacement of employees within a classification or in the next lower paying classification in the job family shal l occur only when the employee is ca pable by virtue of prior training and experience to perform the work required. The City Manager, upon recommendation of the Administrative Services Director of Personnel and the Chief of Police, shall make the determination as to the employee's capability to perform the work.

Employees other than regular, full- time employees shall be laid off fi rst, except that the seniority of employees in regular part-time pos itions shall be calculated on a pro -rata basis. Therefore, such employees may be eligible for retention of present or other regular part-time or job sharing positions.

Full-time employees who have electe d job sharing or reduced work hours in lieu of being laid off, may be re-employed in full-time positions.

The City shall give as much notice as possible to employees who are to be laid-off, but in no case shall the notice be less than fourteen (14) calendar days prior to the effective date of the layoff.

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Seniority shall be calculated on time accrued in a re gular full-time or regular part-time classification in the City of Livermore. For purposes of this secti on, length of service in higher paying classifications shall be counted as service in an y lower paying classification in th e same job family. Non-regular part-time, provisional, temporary, or CETA employment shall not be counted in calculating seniority. In the event that a tie in se niority exists among two (2) or more em ployees, ranking on th e eligibility list shall determine relative positions on the seniority list.

No regular employees shall be laid off while employees working in an extra help, seasonal, temporary, provisional, or probationary status are retained in the same classification.

The City of Livermore will allow job-sharing as a means of reducing the number of employees who must be laid off. Job-sharing shall be at the opti on of employees who are in the same classification with the approval of the Chief of Police and City Mana ger. Employees who shar e a job will receive a pro-rated percentage of their regular salary and benefits. Benefits, wh ich include health insurance, life insurance, vacation, sick leave, and retirement shall also be paid on a pro-rata basis to regular part-time employees. Full health insurance coverage must be maintained by regular full-time and regular part-time employees. (Re gular part-time and job-sharing are defi ned as employment which is budgeted year-around at a minimum of twenty (20) hours per week.)

ARTICLE IV. RE-EMPLOYMENT
Laid-off employees who received an overall rating of satisfactory or better on thei r last evaluation shall be placed on a re-employment eligibil ity list, in order of seniority, fo r a period of one (1) year. Such lists shall take precedence over all other employment eligibility lists except promotional re-employment lists.

Displaced employees shall be placed on a promotiona l re-employment list in order of seniority for a period of one (1) year. Promotional re-employment lists shall take precedence over regular promotional lists.

Failure to notify the City of a change in address, refusal to respond or to accept a re-employment offer shall result in removal from all re-employment or promotional re-employment eligibility lists.

Employees on re-employment lists shall not have the right to displace working employees.

Former employees appointed from re-employment e ligibility lists shall have the following benefits restored: (1) prior unused sick leave accrual, (2) seniority at the time of layoff for purposes of determining merit increases, vacat ion accrual, and future reductions in force, (3) re-employment employees shall be compensated within the salary range authorized for the classification and at the step (if steps are utilized) the employee had earned in prior employment. If the employee returns to a lower paying classification than the classification from which he/shethey were was laid off, the compensation shall be set at the step in the lower paying classifi cation which is closest in pay to, but not above the dollar level, of the most recent step achieve d by the affected employe e in the higher paying classification, (4) employees who are re-employed in classifications for which they have completed a probationary period shall not be required to serve a new probationary period, and (5) employees in a layoff status shall not continue to accrue seniority or benefits.

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Vacation which has been accrued as specified in Chapter 3, Article II may be take n prior to the effective date of the layoff, or left on the books to be available upon re-employment for up to one (1) year. At the conclusion of one (1) year, if the employee has not been re-employed, he/shethey will be paid the accrued vacation in cash.

The City of Livermore may require that employees being re-employed successfully pass a medical examination administered by the City's physician.

Employees may elect to take a le ave of absence as described in Chapter 3, Article IV of this Memorandum of Understanding in lieu of being laid off or displaced. Employees who elect to take a leave of absence in lieu of being laid off shall, upon conclusion of such leave of absence, be placed on appropriate re-employment lists based upon their seniority. Authorization of a leave of absence does not extend the term of the re-employment list.

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ARTICLE V. DISCIPLINARY ACTION
Authority
The Chief of Police or designee may dismiss, demote, suspend, reduce the pay, demote, or impose other disciplinary actions on any employee for cause. Any employee who is disciplined shall be furnished a written notice of such action.

Employees absent without leave who fail to return to duty within twenty-four (24) hours after notice to return shall be discharged.

Procedure for Disciplinary Action
All disciplinary actions shall be administered pursuant to California Government Code 3300 et. seq. and all due process requirements.

Employees must be given prior written notice of any proposed discipli ne before such action is taken.

Such disciplinary action notice must include:

1. The proposed action;

2. The reasons for the action;

3. A statement of the charge(s) and a listing of or copies of any materials upon which the action is based;

4. Explanation of the employees right to the opportunity to respond orally or in writing to the charges.

The individual issuing the notice of intended discipli ne shall not be appointed theThe Chief of Police will act as the Skelly meeting officer. However, if the Chief is expected to be unavailable for thirty (30) days or more, they may designate an other person to act on their behalf . If the employee is not satisfied with the decision of the Chief of Police or design ee, the employee or their Union representative may appeal a dismissal, demoti on, suspension or reduction in pay, based on the criteria below, to either the City Manager or to binding arbitration by filing a written appeal with the Administrative Services Director within fourteen (14) calendar days after receipt of the Police Chief’s determination.

1. City Manager Appeal Au thority: Suspensions equal to or less than three days , or equivalent demotions, reductions in pay, and terminations may be appealed to the City Manager, or designee, whose decision will be final with no further right to a ppeal. The City Manager, or designee, may request an arbitrator hold a hearing and issue an advisory opinion prior to the City Manager’s final decision, except as provided below.

2. ArbitrationCity Manager and Option to Use an Arbitrator : Dismissals, demotions, sSuspensions of greater than three (3) days, and reductions in pay equal to more than three (3) day suspensions may be appealed to, demotions, an d dismissal may be ap pealed to the City Manager, or his/her designee, or at the option of the employee or the Association, the a ppeal may be heard by an impartial Arbitrator. The City and Union will agree on an arbitrator. Should the parties fail to agree on an impartial arbitrator , they shall request a list of seven (7) names of qualified arbitrators from the State of Ca lifornia Mediation and Conciliation Service. The parties shall alternately strike names from the li st until one name remains. The party to strike the first name shall be determined by a coin toss. Depending on the chosen option, the final decision reached by either the City Manager or the Arbitr ator, shall be binding on the parties. When an Arbitrator is selected, it will be the responsibility of the Arbitrator to conduct the hearing and create the record of the hearing. The decision of the Arbitrator will be binding on the parties.

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The costs of an Arbitrator and all incidental hearing costs (such as court recorder fees, transcription fees, etc.) shall be shared equally between the City and Union. Each party shall be responsible for their own costs.

ARTICLE VI. REINSTATEMENT
When employees who resign in "good standing" are reinstated to a position in the class from which they resigned, they shall have their seniority for the previous years of City service restored.

ARTICLE VII. SENIORITY
Beginning May 1, 2025, seniority for Po lice Officers will be based on the date of hire. When Police Officers are hired on the same date, the following criteria will determine seniority:

1. When a Police Trainee is hired, the date of senior ity shall be the date they are appointed to a Police Officer after graduation from the basic police academy. If two or more Police Officer Trainees have the same date of seniority, thos e Police Trainees’ seniority will be determined by their final ranking in the basic police academy.

2. When a Police Officer “academy graduate” is hi red on the same date as a Police Trainee’s appointment to a Police Officer, those Police Officers’ seniority will be determined by their final ranking in the basic police academy.

3. When a Police Officer “lateral” is hired on the same date as a Police Officer “academy graduate” or a Police Trainee’s appointment to a Police Officer, the Police Officer “lateral” shall be granted seniority.

4. When two or more Police Officers “lateral” are hired on the same date, seniority will be based on their years of service as a Calif ornia sworn law enforcement officer (down to date of originally being hired, if necessary).

Newly promoted Police Sergeants seniority will be based on their date of promotion. When two or more Police Sergeants have the same date of promotion, se niority will be at the di scretion of the Chief of Police.

The seniority list shall be maintained by the Police Department.

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Executed this day of , 20251, by the Employee-Employer representatives whose signatures appear below for their respective organizations.

Employee Representatives Employer Representative
Livermore Police Officers Association City of Livermore

By ___________________________________ By _____________________________________ Andrew GraycarJustin Lash, LPOA Member Marianna BurchMarc Roberts, City Manager

By ___________________________________ By _____________________________________ Adrian ManzoJason Brock, LPOA Member Tina OlsonDouglas Alessio, Admin. Services Director

By ___________________________________ By _____________________________________ Dan MasingaleSean Hurley, LPOA Member Steve Rodriguez, Asst. Admin. Services Director

By ___________________________________ By_____________________________________ Nathan PearlmanDan Masingale, LPOA Member Kristen Hilton, Human Resources Manager

By ___________________________________ By_____________________________________ Jimmy Tompkins, LPOA Member Kaylin Larson, Human Resources Analyst II

By_____________________________________
Eddie Jimenez, Human Resources Analyst I

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SIDE LETTER AGREEMENT

BETWEEN

LIVERMORE POLICE OFFICERS ASSOCIATION
AND

CITY OF LIVERMORE

Theth City of Livermore (“City”) and the Livermore Police Officers Association (“LPOA”) hereby agree as follows:

1. In the event the monthly premium for employees enrolled in the Kaiser Account Based Health family plan increases to an amount in excess of $1,950 per month, the City will pay the Kaiser Account Based Health family plan premium amount above the $1,950 for those employees only.

This provision will expire on April 30, 2025

2. Any dispute between the Parties will be resolved pursuant to the grievance procedure identified in the current MOU.

3. This Side Letter agreement is not intended to supplant or modify any terms or conditions of the existing MOU other than those referenced herein. In the event of a conflict between this Agreement and the MOU, the more specific terms shall control.

Executed this ______ day of _________________________, 2021.

Employee Representatives Employer Representative
Livermore Police Officers Association City of Livermore

By ___________________________________ By _____________________________________ Justin Lash, LPOA Member Marc Roberts, City Manager

By ___________________________________ By _____________________________________ Jason Brock, LPOA Member Douglas Alessio, Admin. Services Director

By ___________________________________
Sean Hurley, LPOA Member

By ___________________________________
Dan Masingale, LPOA Member
ATTACHMENT 1
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Attachment 1

ALE & LPOA EMPLOYEE'S

PERSONAL LEAVE POLICY
L.P.O.A., M.E.A.N., & POLICE MANAGEMENT EMPLOYEE'S

PERSONAL LEAVE POLICY

Personal Leave is a negotiated benefit available to ALE and L.P.O.A., M.E.A.N., and Police Lieutenant employees. An eligible employee must complete six consecutive months of satisfactory service before being entitled to use personal leave.

The use of personal leave time shall be at the employee's request, and with the prior approval of his/her supervisor.

Personal leave must be taken prior to the expiration of each year. For the purposes of personal leave, the year begins with the first pay period paid in January and ends with the last pay period paid in December.

An employee shall not be entitled to pay in lieu of personal leave, and it cannot be accrued and carried over from one year to the next. Personal leave must be used prior to termination, promotion, or transfer to a different representation group.

It is a good practice to use your personal leave prior to vacation leave. By doing so, you eliminate the possibility of losing it.

S:\POLICIES\Personal Leave Policy.doc
March 24, 2003

ATTACHMENT 1
231
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APROVING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF LIVERMORE AND THE

LIVERMORE POLICE OFFICERS ASSOCIATION
The Livermore Police Officers Association (LPOA) Memorandum of Understanding will expire on April 30, 2025. The City and the LPOA met and negotiated a successor Master Memorandum of Understanding.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby approves the amendments to the Master Memorandum of Understanding (MOU) between the City of Livermore and the Livermore Police Officers Association for the period of May 1, 2025 through April 30, 2029, as reflected in the attached Exhibit A, and hereby authorizes the City Manager to execute that MOU on behalf of the City of Livermore.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on April 28, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason R. Alcala_________________ Deborah L. Elam Jason R. Alcala
City Clerk City Attorney
Exhibit A – Master Memorandum of Understanding – Livermore Police Officers Association
232

MA STER
ME

MORANDUM OF UNDERSTANDING
on
WAGE

S, HOURS, AND OTHER TERMS AND

CONDITIONS OF EMPLOYMENT
LIV

ERMORE POLICE OFFICERS ASSOCIATION
and
CIT

Y OF LIVERMORE
TERM

OF MEMORANDUM
Ma
y 1, 2025 – April 30, 2029

EXHIBIT A
233
T A

B L E O F C O N T E N T S
CHAP
TER 1. ADMINISTRATION .......................................................................................................... 1 ARTICLE I. PARTIES TO UNDERSTANDING ................................................................. 1 ARTICLE II. RECOGNITION ............................................................................................... 1 ARTICLE III. STATE LAW COMPLIANCE ......................................................................... 1 ARTICLE IV. CITY COUNCIL APPROVAL ........................................................................ 1 ARTICLE V. CITY RIGHTS .................................................................................................. 1 ARTICLE VI. PAST PRACTICES AND EXISTING MEMORANDA OF
UNDERSTANDING ........................................................................................ 1 CHAP
TER 2. SALARIES, OTHER COMPENSATION, AND SCHEDULES ....................................... 2 ARTICLE I. SALARIES ....................................................................................................... 2 ARTICLE II. STEP INCREASES .......................................................................................... 3 ARTICLE III. PROMOTION ................................................................................................... 3 ARTICLE IV. OVERTIME ...................................................................................................... 3 ARTICLE V. CALL BACK/TELEPHONE PAY ................................................................... 4 ARTICLE VI. COURT APPEARANCES/COURT CANCELLATION ................................. 4 ARTICLE VII. POST CERTIFICATION PAY ........................................................................ 5 ARTICLE VIII. TUITION REIMBURSEMENT ....................................................................... 6 ARTICLE IX. DEFERRED COMPENSATION PROGRAM ................................................. 6 ARTICLE X. UNIFORM ALLOWANCE .............................................................................. 6 ARTICLE XI. HOLIDAY-IN-LIEU PAY ............................................................................... 6 ARTICLE XII. BILINGUAL PAY ............................................................................................ 6 ARTICLE XIII. FIELD TRAINING OFFICER PAY ................................................................ 7 ARTICLE XIV. LONGEVITY PAY .......................................................................................... 7 ARTICLE XV. TRAINEE RATE .............................................................................................. 7 ARTICLE XVI. CANINE PAY .................................................................................................. 8 ARTI
CLE XVII. MOUNTED POLICE UNIT ............................................................................. 8 CHAP
TER 3. LEAVES AND SCHEDULING ......................................................................................... 9 ARTICLE I. VACATION ...................................................................................................... 9 ARTICLE II. SICK LEAVE ................................................................................................. 10 ARTICLE III. BEREAVEMENT LEAVE ............................................................................. 11 ARTICLE IV. PERSONAL LEAVE ...................................................................................... 11 ARTICLE V. LEAVES OF ABSENCE ................................................................................ 12 ARTICLE VII. STANDBY TIME OFF POLICY ................................................................... 13 ARTICLE VIII. DONATION OF LEAVE TIME TO OTHER EMPLOYEES ....................... 13 CHAP
TER 4. INSURANCES AND HEALTH CARE ........................................................................... 13 ARTICLE I. HEALTH CARE BENEFITS ......................................................................... 13 ARTICLE II. LONG TERM DISABILITY PLAN .............................................................. 14 ARTICLE III. LIFE INSURANCE ........................................................................................ 14 ARTICLE IV. RETIREE HEALTH BENEFIT ...................................................................... 14 C
HAPTER 5. RETIREMENT PLAN ..................................................................................................... 16 ARTICLE I. PRESENT BENEFITS AND PLAN OPTIONS............................................. 16

EXHIBIT A
234

CHAPTER 6. GRIEVANCES, APPEALS, AND HEARINGS .............................................................. 17 ARTICLE I. GRIEVANCE PROCEDURE ......................................................................... 17

CHAPTER 7. UNION ISSUES ............................................................................................................... 18 ARTICLE I. DUES .............................................................................................................. 18 ARTICLE II. UNION REPRESENTATIVES ...................................................................... 19 ARTICLE III. ACCESS TO WORK LOCATIONS .............................................................. 19 ARTICLE IV. CITY FACILITIES ......................................................................................... 19 ARTICLE V. BULLETIN BOARDS .................................................................................... 19 ARTICLE VI. ADVANCE NOTICE ..................................................................................... 20 ARTICLE VII. NO DISCRIMINATION ................................................................................ 20 ARTICLE VIII. ASSOCIATION RELEASE TIME................................................................. 20

CHAPTER 8. MISCELLANEOUS ......................................................................................................... 21 ARTICLE I. WORK SCHEDULES .................................................................................... 21 ARTICLE II. PROBATION .................................................................................................. 21 ARTICLE III. LAYOFF PROCEDURES .............................................................................. 22 ARTICLE IV. RE-EMPLOYMENT ...................................................................................... 23 ARTICLE V. DISCIPLINARY ACTION ............................................................................. 24 ARTICLE VI. REINSTATEMENT ....................................................................................... 25 ARTICLE VII. SENIORITY ................................................................................................... 25

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CHAPTER 1. ADMINISTRATION

ARTICLE I. PARTIES TO UNDERSTANDING
This Memorandum of Understanding is entered into by and between the CITY OF LIVERMORE, a municipal corporation, hereinafter referred to as "CITY", and the LIVERMORE POLICE OFFICERS ASSOCIATION, hereinafter referred to as "UNION", pursuant to Government Code 3500, et seq. This Memorandum of Understanding applies to those classes of employment set forth in Appendix "A" attached hereto and made a part hereof.

ARTICLE II. RECOGNITION
Livermore Police Officers Association is the formally recognized employee organization for the Police Employees Unit. The City Manager or designated representative is the representative of the City of Livermore in employer-employee relations matters.

ARTICLE III. STATE LAW COMPLIANCE
This Memorandum of Understanding complies with the provision of Section 3500, et seq., of the Government Code of the State of California, and the City of Livermore City Council Resolution 9 -77 in that the parties have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment for the employees in said representation unit and have freely exchanged information, opinions, and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

ARTICLE IV. CITY COUNCIL APPROVAL
This Memorandum of Understanding shall be presented to the Livermore City Council as the joint recommendation of the undersigned parties for salary and employee benefit adjustments for the period commencing May 1, 2025 and ending April 30, 2029.

ARTICLE V. CITY RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions, and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and to exercise complete control and discretion over its organization and the technology of performing its work.

Nothing in this article shall relieve the city of its obligation to meet and confer on the impact of the exercise of the city’s rights when required by law to do so.

ARTICLE VI. PAST PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING It is the intention of the parties that the terms and provisions of this Memorandum shall govern the issues, terms, and conditions contained herein. The Memorandum shall supersede any City policy, rule, resolution, or personnel practice which is in conflict with this Memorandum.

This Memorandum of Understanding shall supersede all existing Memorandums of Understanding between the City and the Union.

EXHIBIT A
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Page 2 ends

Except as otherwise specifically provided herein, this Memorandum fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer. Neither party shall, during the term of this Memorandum demand any change herein, provided that nothing herein shall prohibit the parties from changing the terms of this Memorandum by mutual agreement.

CHAPTER 2. SALARIES, OTHER COMPENSATION, AND SCHEDULES

ARTICLE I. SALARIES
Effective May 5, 2025, salaries of classifications assigned to this bargaining unit will reflect an increase of five percent (5%) and a market based equity adjustment increase of five percent (5%).

Subsequent contract years will include the following increases:

Effective May 4, 2026 – 3%
Effective May 3, 2027 – 3%
Effective May 1, 2028 – 3%

Market based equity adjustments will increase base salaries as follows:

Effective May 4, 2026 – 2%
Effective May 3, 2027 – 2%
Effective May 1, 2028– 2%

Appendix A, attached hereto, shall reflect the salary and market based equity adjustments associated with the classifications and the salary ranges assigned to each of those classifications.

The City will complete a total compensation salary survey in January 2027. The survey will include the following elements of compensation for PEPRA members, with any known increases effective through July 2027:
• Top Step Salary
• Total Employee PERS contributions (including normal cost and cost sharing) • Maximum employer contribution towards the following:
o Medical
o Dental
o Vision
• Retiree Health Savings (RHS) or the comparable value of the Normal Cost of Defined Benefit (the City will work with its actuary to develop a methodology that ensures the benefits are comparable)
• Holiday Pay (Holiday-in-lieu)
• Uniform Allowance
• POST Pay
• Educational Incentive Pay
• Highest Longevity Pay available to a PEPRA member (based on 1/1/13) (including Master Officer)
• If an agency makes CIT pay available to all bargaining unit members and a majority of the relevant bargaining unit receives CIT Pay, the City will also include CIT pay in the “POST Pay” category.

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Page 3 ends

ARTICLE II. STEP INCREASES
No increase in salary shall be automatic merely upon completion of a specified period of service. All increases shall be based on merit as established by record of the employee's performance as measured by specific performance standards and shall require recommendation of the Chief of Police and approval by the City Manager. Standards of performance shall become progressively higher as the employee advances through the salary range. In case of poor job performance, a step increase may be withheld. A decision to withhold a step increase shall not be subject to appeal or grievance.

If the City Manager at any time determines that it is in the City's interest, they may assign an employee to a higher rate within the salary range fixed for the classification. The City Manager shall regulate the accelerated advancement through the salary range steps.

Step B - after completion of thirteen (13) pay periods of satisfactory service at Step A.

Step C - after completion of twenty-six (26) pay periods of satisfactory service at Step B.

Step D - after completion of twenty-six (26) pay periods of satisfactory service at Step C.

Step E - after completion of twenty-six (26) pay periods of satisfactory service at Step D.

Such salary step increases shall be effective on the first day of the pay period beginning after meeting the service and performance requirements.

ARTICLE III. PROMOTION
An employee who is promoted from one class to a class in a higher range shall be entitled to the step in the higher range which will result in a base salary increase of not less than one full step; the salary increase shall be equivalent to at least ten percent (10%) but not more than the maximum rate for that class. Upon promotion to a new classification, the employee shall not lose his/her earned POST pay differential until such time as the promoted employee earns a Supervisory POST certificate. The effective date of the promotion shall be the new review date for the purpose of determining eligibility for step increases.

Definition
Overtime shall be paid in accordance with the Fair Labor Standards Act (FLSA), subject to the provisions contained herein. Pursuant to FLSA Section 7K, the City utilizes a 28-day work period.

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In addition, overtime shall be paid for time worked in excess of a standard work shift or for time worked on a regularly scheduled day off. Such overtime shall be paid at the rate of one and one -half times the employee’s base hourly rate.

Compensatory time off may be taken in lieu of overtime payment in accordance with the provisions of the FLSA. Such time off shall be mutually agreeable to the employee and the Chief of Police, or designee, taking into consideration any emergency requirements for staff and services, and the availability of qualified substitute staff. Compensatory time off which accrues in excess of two-hundred (200) hours must be liquidated by monetary payment.

ARTICLE V. CALL BACK/TELEPHONE PAY
When an employee has completed the regularly assigned shift, is on a regular day off, or on paid leave, and is called back to work, the employee shall, upon reporting, receive a minimum of three (3) hours work, or i f three (3) hours work is not furnished, a minimum of three (3) hours of pay at time and one-half (1.5) of the employee’s base hourly rate of pay. This provision does not apply to work performed contiguous with an employee’s scheduled shift (e.g., holdovers ) or instances in which the employee is called to report before their regular starting time and does work from the time of reporting to their regular starting time.

Telephone Pay
When an employee has completed the regularly assigned shift, is on a regular day off, or on paid leave, and is called by a superior officer, or anyone acting at the direction of a superior officer, the Chief of Police or designee, such employee shall receive compensation in the form of one quarter (.25) hour pay at the overtime rate of one and one half times (1.5) the employee’s base hourly rate of pay.

Employees are not entitled to the remote call- in minimum for incidental telephone, text, or video contacts (e.g., calls involving staffing availability, shift assignment, shift coverage), to employees assigned to standby, or to calls requiring the employee to return to work.

Remote Attendance
When an employee is required to remotely attend meetings, trainings, or similar activities during off- duty time, the employee shall receive a minimum of one (1.0) hour at one and one half (1.5) times the employee’s base hourly rate of pay. Remote attendance includes but is not limited to: telephonic, video, or virtual attendance.

ARTICLE VI. COURT APPEARANCES/COURT CANCELLATION
In Person Appearances
Any employee who is required to appear in person at court in connection with an employee's usual official duties, or in connection with a case in which the City is a party , during off- duty time, shall receive a minimum of three (3) hours at one and one half (1.5) times the employee’s base hourly rate of pay.

Those employees required to so appear in court on their normal day off or who are assigned to and do work the Graveyard shift, shall receive a minimum of four (4) hours at one and one half (1.5) times the employee’s base hourly rate of pay.

In the event the court appearance exceeds the minimum time provisions above, the employee shall be paid for all time worked at one and one half (1.5) times the employee’s base hourly rate of pay.

EXHIBIT A
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Remote Appearances
When a court appearance is for telephonic, video, other remote testimony, or placed on standby by the District Attorney’s Office, the employee shall receive a minimum of two (2) hours at one and one half (1.5) times the employee’s hourly rate of pay. In the event the court appearance exceeds the minimum time provision above, the employee shall be paid for all time worked at one and one half (1.5) times the employee’s base hourly rate of pay.

Court Cancellation
In the event an employee is required to appear in court in person or remotely pursuant to a subpoena and such appearance is cancelled within twenty -four (24) hours prior to the scheduled appearance, such employee shall receive (a) two (2) hours paid at one and one half times (1.5) the base hourly rate of pay for scheduled in person testimony and (b) one (1) hour paid at one and one half times (1.5) the employee’s base hourly rate of pay for remote appearances . In order to receive such compensation, the employee shall make a reasonable effort to determine if such court appearance has been cancelled more than twenty-four (24) hours prior to the scheduled appearance.

ARTICLE VII. POST CERTIFICATION PAY
Police Officers who receive a Regular Intermediate or Advanced Certificate issued by the California Commission on Peace Officers Standards and Training (POST) and Police Sergeants who receive a Regular Intermediate, Advanced, or Supervisory POST Certificate, will be eligible to receive POST Certification Pay as set forth below.

Employees may only be compensated for one certificate at a time (i.e., an employee can only receive pay for the highest-level certificate they have achieved).

The monthly Post Certification amounts will be:

• Effective May 5, 2025
o Intermediate - $400/month
o Advanced - $600/month
o Supervisory - $765/month (Sergeant Only)
• Effective May 4, 2026
o Intermediate - $440/month
o Advanced - $750/month
o Supervisory - $925/month (Sergeant Only)
• Effective May 3, 2027
o Intermediate - $480/month
o Advanced - $900/month
o Supervisory - $1,090/month (Sergeant Only)
• Effective May 1, 2028
o Intermediate - $525/month
o Advanced - $1,050/month
o Supervisory - $1,250/month (Sergeant Only)

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pay shall be the beginning of the first pay period commencing after the Human Resources Department has received a copy of the certified POST certificate application. Continued certificate pay is contingent upon the employee actually receiving the certification within eight months of the date the application was sent to POST. If the certificate is not issued by POST, then the employee will be required to pay back the certification pay in full to the City.

ARTICLE VIII. TUITION REIMBURSEMENT
Employees who have successfully completed their initial probationary period in a class covered by this Memorandum, shall be eligible to participate in the Tuition Reimbursement Plan. An eligible employee may be reimbursed for three fourths (75%) of the cost of tuition and books for educational courses related to the employee’s work assignment which are attended during off -duty hours. In order to be eligible for tuition reimbursement, the employee must submit the necessary forms and obtain the approval of the City Manager prior to enrolling in the course. The City Manager’s review and action on a request will follow the City Manager’s Administrative Regulation establishing a Tuition Reimbursement Plan procedure.

ARTICLE IX. DEFERRED COMPENSATION PROGRAM
Employees shall be eligible to participate in the deferred compensation program administered by the City.

Effective May 5, 2025, bargaining unit members who meet the definition of “new employee” under the Public Employment Pension Reform Act shall receive an employer matching contribution of $40 per pay period with an employee contribution of at least $40 per pay period.

ARTICLE X. UNIFORM ALLOWANCE
The Uniform Allowance provided to Police Officers and Police Sergeants and will be $1,250 per year.

The Uniform Allowance shall be paid in equal amounts each pay period as earned.

Newly appointed Police Officers shall be paid the annual uniform allowance on the first payday following employment. In recognition of the uniform allowance advance, the aforementioned employees shall not be eligible for, nor receive, an annual uniform allowance as indicated above until one year from the date of advance payment. Employees receiving the uniform allowance advance who resign for any reason within the first year of employment shall repay the total annual uniform allowance amount to the City of Livermore.

ARTICLE XI. HOLIDAY-IN-LIEU PAY
In lieu of all holidays authorized or observed by the City, Police Officers and Police Sergeants shall receive holiday- in-lieu pay as follows. Holiday- in-lieu pay shall be paid in equal amounts each pay period. The amount of such pay shall be seven and one -half percent (7.5%) of the employee’s base hourly pay in effect during the pay period.

ARTICLE XII. BILINGUAL PAY
Employees certified as competent at the conversational level in Spanish, Vietnamese, Arabic, Farsi, Mandarin, Cantonese, Cambodian, Sign Language and other languages as determined by the Police Chief, shall receive one hundred dollars ($100.00) per pay period for each full pay period they remain certified. Employees receiving bilingual pay are subject to periodic re -certification as a condition of receiving such payments.

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ARTICLE XIII. FIELD TRAINING OFFICER PAY
Police Officers and Police Sergeants who are assigned by the Chief of Police the assignment of Field Training Officer (FTO) or FTO Sergeant, shall receiv e four percent (4%) of their base salary while they are assigned.

If a member assigned to FTO duties is not physically fit for duty as a result of a non -work related injury or illness, the member will continue to receive FTO pay for the first thirty (30) calendar days of such injury or illness.

ARTICLE XIV. LONGEVITY PAY
Police Officers and Police Sergeants employed with the City of Livermore with five (5) through nine (9 ) years of continuous service will be eligible to receive three (3%) percent of monthly base pay. Police Officers and Police Sergeants employed with the City of Livermore with ten (10) or more years of continuous service will be eligible to receive six (6%) percent of monthly base pay.

Effective May 5, 2025, Police Officers and Police Sergeants will be eligible to receive up to five (5) years of service credit towards longevity for previous sworn California law enforcement experience.

Employees must provide proof of prior sworn California law enforcement experience to Human Resources.

ARTICLE XV. TRAINEE RATE
An employee hired as an “entry level” hire required to attend a police academy shall be hired as a Police Trainee.

The Police Trainee is a non -sworn classification whose sole duty is to participate in a P.O.S.T. (Commission on Peace Officer Standards and Training) prescribed Police Academy training program sponsored by the City.

Police Trainees have no due process rights and are not subject to the disciplinary procedures of this agreement (i.e., they can be terminated for failure to complete the Academy or for any other lawful reason).

As a non- sworn classification, employees in the Police Trainee classification are not entitled to the benefits available only to sworn members, including but not limited to: CalPERS’ Safety Pension, the Public Safety Officers’ Procedural Bill of Rights, Long Term Disability Benefits, or workers’ compensation benefits under Labor Code Section 4850. Police Trainees will be enrolled in the CalPERS’ Miscellaneous Pension, are eligible for Holiday -in-lieu Pay, vacation leave, sick leave, and health and welfare benefits, and are limited to a single salary step. In addition, Police Trainees do not qualify for the Uniform Allowance.

Upon completion of the police academy and being sworn in as a police officer, the employee shall be placed at step “A” of the salary schedule for Police Officer and subject to a new probationary period as a Police Officer.

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ARTICLE XVI. CANINE PAY
The assignment of a canine to an officer requires the officer to care for, train and utilize the canine for police operations on an as needed basis. An officer that has a canine assignment will be paid an $800 per month canine premium pay to account for the necessary time to handle, train, board, and provide care relating to the canine and the canine assignment. The officer will be provided a take home vehicle as part of the canine duties. With the provision of the premium pay and the vehicle, the Police Department expects that efforts will be made to respond as necessary when off-shift. The Police Department shall notify Human Resources of start and end dates of canine officer assignments to ensure proper pay.

Unit members shall be compensated eight hundred dollars ($800) monthly to offset the cost for the care, grooming, boarding, and feeding of the horses.

Upon appointment to the unit, all members will be eligible for the following department provided equipment, to be used for Livermore Police Department activities only:
o Saddle/Breast Collar/Back Girth
o Saddle Pads
o Briddle/Reins
o Bits
o Training Halter and Lead Rope/Patrol Halter and Lead
o Saddle Bags
o Bridle Bags
o Saddle Fitting
o Boots
o Helmet

All unit members will be eligible to use department provided horse trailers equipped with an appropriate first aid kit.

The Chief of Police will have the sole authority to continue or terminate the Mounted Police Unit based on the Department’s needs.

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CHAPTER 3. LEAVES AND SCHEDULING

ARTICLE I. VACATION
Eligible employees shall accrue vacation as follows:

Years of Service Accrual Rate Per Month Accrual Rate Per Pay Period First through fourth 8.57 hours 3.96 hours
Fifth through eleventh 11.43 hours 5.28 hours
Twelfth through fourteenth 14.29 hours 6.60 hours
Fifteenth through sixteenth 15.71 hours 7.25 hours
Seventeen or more 17.14 hours 7.91 hours

Qualifying
Each eligible employee shall be required to have served the equivalent of one (1) year of continuous service in the City in order to be eligible for their full annual vacation leave; provided, however, that after six (6) months of continuous service their may be permitted to take vacation leave not to exceed five (5) working days at the discretion of the Chief of Police.

Vacation Accumulation
Employee may accumulate up to Three Hundred and Fifteen (315) maximum hours of vacation.

Accrual will terminate after the employee accumulates the 315 maximum vacation hours.

Compensation-In-Lieu of Vacation
When an employee working their regular schedule and assignments and whose accumulated vacation is at the maximum, requests vacation time off and the request is denied by the Chief of Police for departmental necessity, that employee may be granted compensation at full pay in- lieu of vacation accrued.

Vacation Cash Out
An employee may receive a cash payment for unused vacation hours provided the employee has used a minimum of forty (40) hours vacation leave from the December payment of the previous year to the June payment of the current year and/or eighty (80) hours of vacation leave from the December payment of the previous year to the December payment of the current year, retains a minimum balance of (40) hours of vacation, and cashes out a minimum of forty (40) hours. Payments shall be made in June and December of each year.

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employee has not met the leave usage requirement o r does not have enough vacation hours, the employee will not be eligible for that vacation cash out during the year.

The City Manager may suspend the payout provision if she/he determines that a demonstrated fiscal crisis exists.

ARTICLE II. SICK LEAVE
Benefits
Sick leave with pay shall be granted by the appointing authority at the rate of eight (8) hours for each calendar month of service. Sick leave usage shall not be considered a privilege which an employee may use at discretion, but shall be allowed only in case of necessity of actual sickness or disability. Unused sick leave shall be accumulated at the rate of ninety-six (96) hours a year. In no event shall sick leave be converted into a cash bonus. Sick leave may not be used before it is earned.

Doctor's Certificate or Other Proof
At the discretion of the employee's unit supervisor, a physician's certificate or personal affidavit may be required for any period of absence for which sick leave is claimed; however, when absence is for more than three (3) consecutive work days, the employee shall file a physician's certificate or a personal affidavit with the Chief of Police or Administrative Services Director with the expected return to work date.

Family Illness
An employee may use sick leave for absences caused by the illness or injury of a member of the employee's immediate family which requires the presence of the employee. Granting of such leave shall be in accordance with the provisions of the California Labor Code section 233, which permits an employee to use up to one -half of the annual sick leave accrual to care for an ill family member, as defined in labor Code Section 233.

Immediate Family
For purposes of the use of sick leave due to family illness or death, “immediate family” shall include family members identified in Labor Code Section 233. In addition, “immediate family” shall include grandparents of the employee, employee’s brother and sister, or a relative residing in the employee’s home.

General
Sick leave is not granted for: (1) any sickness or injury purposely self -inflicted or caused by the employee's own willful misconduct; or (2) disability arising from any sickness or injury related to employment other than with the City of Livermore.

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Sick leave is not granted and no cash payment is made for accumulated sick leave at the time of termination or retirement.

Accrued sick leave may be used during a period of pregnancy leave, as provided under the City's Personnel Rules.

Parental Leave
Any employee who becomes a parent by adoption or any male employee who becomes a father due to the birth of a child may request the use of four (4) days ( 44 hours) of sick leave to be with the child.

Such leave will be in addition to and may be combined with, that allowed under the City's Personnel Rules and Regulations, Chapter 11, Section 11.04, Sub-section C.

ARTICLE III. BEREAVEMENT LEAVE
In the event of a death in the immediate family of an employee, the employee shall, upon request, be granted time off, not to exceed three (3) work shifts for full-time employees. The immediate family shall be defined as any of the following of the employee, the employee’s spouse, or the employee’s registered domestic partner:

• Spouse or registered domestic partner
• Child(ren)
• Parents
• Siblings
• Grandparents
• Grandchildren
• A relative residing in the employee's home or dependent upon the employee for full support.

In the event of the death of an employee's non-immediate family, an employee may use up to three work shifts of accumulated sick leave. The non- immediate family shall be defined as any of the following of the employee, the employee’s spouse, or the employee’s registered domestic partner:

• Aunt or Uncle

Employees may supplement the paid bereavement leave with accrued leave (including vacation or sick leave) to reach a total of five (5) workdays of time off per incident of bereavement. Employees may schedule additional time off, as needed, using accrued vacation, personal leave, or compensatory time off with the approval of their supervisor.

ARTICLE IV. PERSONAL LEAVE
Each LPOA employee shall be eligible for personal leave. Personal leave shall be credited and taken in accordance with the Personal Leave policy governing personal leave days described in the "Personal Leave Policy", see Attachment "1", and credited as follows:

Sixteen (16) hours for each eligible employee.

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ARTICLE V. LEAVES OF ABSENCE
Leave Without Pay
The City Manager may grant a leave of absence without pay for up to three (3) months, and at the City Manager's sole discretion, extension of such leaves may be granted. No such leave shall be granted except upon the written request of the employee, and such request shall be submitted to the Chief of Police and the Administrative Services Director. Such leaves may be granted to permit the employee to engage in activities that will increase their value to the City upon return, or because of sickness, injury, or personal hardship. Employees may not be granted a leave of absence without pay until all accrued vacation or other leave time for which they are eligible has been taken, unless otherwise determined by the City Manager whose decision shall be final. Failure on the part of the employee on leave to report promptly at its expiration shall result in dismissal of the employee. Vacation, sick leave, and any other benefit or compensation shall not accrue to an employee on a leave of absence.

Employees qualifying for and receiving long -term disability benefits will automatically be granted a leave of absence without pay or benefits for the duration of their disability, but not to exceed twelve (12) months.

Job Incurred Injury Leave
Any employee covered by this Memorandum of Understanding who has suffered any disability arising out of and in the course of their employment, as defined by the Workers' Compensation Laws of the State of California, shall be entitled for the period of such disability to the maximum provided under State Law. During the period the employee is paid 4850 benefits by the City, the employee shall assign or endorse to the City disability benefit payments received as a result of Workers' Compensation Insurance coverage, if any, except reimbursement for travel. In the event that the payment received by the employee is not endorsed to the City, a payroll deduction for the amount of the payment will be made the payroll period following notification to the City by Workers' Compensation that the check has been issued to the employee. The City reserves the right to withhold payment of any disability benefits until such time as it is determined whether or not the illness or injury is covered by Workers' Compensation. Until such time as a determination is made, the employee shall be eligible to use their accrued sick leave, vacation leave and, if applicable, the long term disability benefit. The benefits of sick leave, vacation leave, and job incurred injury leave shall be mutually exclusive, and no disability leave may be used for the purposes specified under Chapter 3, Article II, Sick Leave, or Chapter 3, Article I, Vacation Leave of this Memorandum of Understanding, and no sick leave or vacation leave benefits may be used for the purposes specified under this provision.

Jury Duty
An employee summoned to jury duty shall inform their unit supervisor and, if required to serve, may be absent from duty with full pay only for those hours required to serve. Any jury fee, excluding mileage, meals, or other expenses reimbursed by the court, received by the employee shall be remitted to the City.

Military Leaves of Absence
The provisions of the Military and Veterans Code of the State of California shall govern military leave of City employees except as preempted by Federal Statutes.

In addition to the requirements set forth in Military and Veterans Code of the State of California, the City shall provide salary and health benefit continuation for an employee’s ordered military service for up to a total of one (1) year of military service. For purposes of this section, salary continuation shall mean the difference between the employee’s military pay and the employee’s salary.

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Compliance with Federal and State Leave Acts
The City of Livermore will provide medical and family leave to employees who qualify under Federal and State Statues established by the Federal Family and Medical Leave Act, the California Family Rights Act, California Pregnancy Disability Act, and such other Federal and State Acts which mandate such types of leaves.

ARTICLE VII. STANDBY TIME OFF POLICY
Employees assigned to and who perform standby shall accumulate two and three -quarters (2.75) hours of time off for each day so assigned and will be provided a take home vehicle for such assignment. An on-call work assignment must be reported to the police department during the assigned pay period.

Specific positions assigned to standby are as follows: Criminal Investigations Bureau (CIB) (two CIB members); Traffic (two Traffic members). Additionally, one officer may be assigned for Crime Scene related work.

Employees may choose to take accumulated standby time off with pay at a time mutually agreeable to the employee and their supervisor or the employee shall be paid at the end of each calendar year for all unused hours at the employee’s base hourly rate of pay in effect on December 31 st. In the event the
employee is unable to take accumulated standby time off by the end of each calendar year, the employee shall be paid for all accumulated standby time off at the end of each year.

ARTICLE VIII. DONATION OF LEAVE TIME TO OTHER EMPLOYEES This is a system whereby a member covered by this Memorandum may donate accumulated time off from compensatory time or vacation accruals to another member. The City shall limit such donations to situations where the reason of the donation of leave time is necessitated by the illness or injury of the recipient and who is threatened with loss of earnings due to the exhaustion of the recipients leave benefits.

All such donations shall only be used in those situations where the recipient member is expected to return to full duty. This Memorandum shall not prevent members from donating such time to City employees not covered by this Memorandum.

CHAPTER 4. INSURANCES AND HEALTH CARE

ARTICLE I. HEALTH CARE BENEFITS
The City will provide a cafeteria benefit of $1,950 per month to be used towards medical premiums.

Any unused portion of the cafeteria benefit will be paid as taxable income to the employee.

Effective July 1, 2025, the City will pay the premiums for the dental and vision plans selected by the employee.

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Change in Employee Benefit Plans
The City may evaluate health, medical, or dental plans currently available to employees to determine if similar or better coverage may be available to the City. The City may substitute new insurance carriers, benefit providers, or arrange for self -insurance provided that coverage is comparable to or superior to the present coverage after meeting and conferring on such changes with the Union.

ARTICLE II. LONG TERM DISABILITY PLAN
Eligible employees shall be provided with the PORAC Long- Term Disability Benefits Program. The City shall pay the premiums for this benefit for the term of this MOU.

The premium amount shall be added as an additional pay to the employee and shall be deducted from the employee’s pay as an after -tax employee contribution. The additional pay is not subject to CalPERS.

ARTICLE III. LIFE INSURANCE
The City shall provide Eighty Thousand Dollars ($80,000) of life insurance for each eligible employee.

ARTICLE IV. RETIREE HEALTH BENEFIT
The following retiree medical program will apply to employees hired before February 1, 2007.

Eligibility Criteria
The following eligibility criteria will apply to LPOA employees hired prior to February 1, 2007 for the City’s Retiree Health Benefit as described herein:

1. The employee must have retired within one hundred twenty (120) days of their last day of employment with the City of Livermore, and

2. The employee must have obtained a minimum of fifteen (15) years of service credit working for a CalPERS covered employer or an agency with CALPERS reciprocity which includes a minimum of five (5) years of full-time employment or equivalent with the City of Livermore. The total years of service working for a CalPERS covered employer or an employer with CALPERS reciprocity will be validated by CalPERS and/or the employee’s former employers at the time of retirement. For purposes of this subsection, service credit shall not include service credit purchased pursuant to SB 719.

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Years of Service City’s Contribution
15 75%
20 85%
25+ 100%

The reimbursement amount will be for the actual cost of the monthly premium for medical insurance for the retiree and one dependent. The reimbursement amount shall not exceed the maximum dollar allotment for active employees for medical insurance (excluding dental not to exceed $83.60 per month) as set forth in Chapter 4 Article I.

Years of Service City’s Monthly Contribution
15 $1,462.50
20 $1,657.50
25+ $1,950.00

The total amount of the reimbursement will not exceed the maximum amount for which the retiree qualifies based on years of service.

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CHAPTER 5. RETIREMENT PLAN

ARTICLE I. PRESENT BENEFITS AND PLAN OPTIONS
The City of Livermore contracted with the California State Employees’ Retirement System for an employee’s retirement plan effective December 1, 1951. The retirement plan is now titled California Public Employees’ Retirement System (CalPERS). Said plan was first amended effective November 1, 1959, and subsequently further amended as follows:

AMENDMENT EFFECTIVE DATE SUPERSEDED
Three Year Final Compensation July 1, 1967 June 18, 1990 1959 Survivor Benefits July 1, 1967 June 18, 1990
2%@55 Formula for Local Safety Members August 1, 1973 February 7, 1983 Credit for Unused Sick Leave November 22, 1978
2%@50 Full Formula for Local Safety Members February 7, 1983 February 12, 2001 Third Level 1959 Survivor Benefits June 18, 1990 February 1, 1998 One Year Final Compensation June 18, 1990
EPMC Reported as Special Compensation December 25, 1995 Fourth Level Survivor Benefit February 1, 1998
Death Benefit/Remarriage February 1, 1998
3%@50 formula for Local Safety Members February 12, 2001 Military Service Credit September 1, 2004
3%@55 Formula for Local Safety Members with
Three Year Final Compensation December 30, 2012

2.7%@57 Formula for Local Safety Members
with Three Year Final Compensation January 1, 2013

Effective December 3 0, 2012, newly hired classic CalPERS members, as defined under the Public Employees’ Pension Reform Act ( PEPRA), are covered by the 3% @ 55 retirement formula with the highest average annual compensation earned during three (3) consecutive years of CalPERS service, as defined in CalPERS Employees’ Retirement Law. Such newly hired employees shall pay the employees’ nine (9) percent contribution using the provisions in IRSC Section 414(h)(2). Other plan options are set forth above.

As a result of the passage and enactment of PEPRA effective in January 2013, employees covered under this Memorandum and determined to be new members to the California Public Employees’ Retirement System shall make retirement contributions consistent with the provisions of PEPRA. Such provisions include a mandatory member retirement contribution of 50% of the total normal cost for the plan with a

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retirement formula of 2.7%@57 and the highest average annual compensation earned during three (3) consecutive years of CalPERS service.

CHAPTER 6. GRIEVANCES, APPEALS, AND HEARINGS

ARTICLE I. GRIEVANCE PROCEDURE
A grievance is any dispute which involves the interpretation or application of any provision of this Memorandum of Understanding or the Personnel Rules and Regulations. (Exception: Decisions by any City official as established by this Memorandum or the City Personnel Rules and Regulations are final, and shall not be subject to the grievance procedure.) A grievance may be filed by an employee or the Union. In the event the grievance is filed by the Union, the grievant shall be named.

Prior to filing a formal grievance, an employee who has a complaint shall discuss the complaint with their unit supervisor within twenty (20) calendar days of the knowledge of the cause of the complaint. If the employee is not satisfied with the response of their unit supervisor, the employee may, either individually or by instructing the representative of the Union, file a written grievance with the Police Captain stating the particulars of the grievance and the nature of the determination desired. The grievance must be filed within ten (10) calendar days after the unit supervisor’s response. The Police Captain shall immediately forward a copy of the grievance to the Administrative Services Director.

Within ten (10) working days after receipt of the written grievance, the Police Captain or designee shall give a written response to the grievant with a copy to the Administrative Services Director. The response shall identify the issues and determine a resolution to the grievance.

If an employee is not satisfied with the decision of the Police Captain or designee, the employee may, either individually or by instructing the representative of the Union, appeal to the Chief of Police. Such an appeal must be presented in writing stating the particulars of the grievance and the nature of the determination desired within ten (10) working days after receipt of the Police Captain or designee’s written response. The Chief of Police or designee shall investigate the grievance and, within ten (10) working days after receipt of the written appeal, give a written response to the grievant with a copy to the Administrative Services Director. The response shall identify the issues and determine a resolution to the grievance.

If the employee is not satisfied with the decision of the Chief of Police, the employee may, either individually or by instructing the representative of the Union, appeal to the City Manager by filing a written appeal with the Administrative Services Director within ten (10) working days after receipt of the Police Chief or designee’s determination.

Such appeal should state the particulars of the grievance and the determination desired. The grievance shall be investigated by the City Manager, or their designee, and a meeting will be held between the City Manager ( or designee ) and the grievant. The City Manager or their designee shall consider the grievance and related recommendations, and render a decision within fifteen (15) working days of such meeting. The decision of the City Manager (or designee) shall be final.

No grievance involving a non disciplinary compensation issue will be entertained unless it is filed in writing with the Administrative Services Director within five (5) working days of the time the affected employee was notified of such action. A copy of the grievance will be sent to the Chief of Police.

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All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Administrative Services Director. Only complaints which allege that employees are not being compensated in accordance with the provisions of the Memorandum of Understanding and Personnel Rules and Regulations shall be considered as grievances. Any other matter of compensation is to be resolved in the meeting and conferring process and, if not detailed in the Memorandum of Understanding which results from such meeting and conferring process, shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than sixty (60) days from the date the complaint was filed.

CHAPTER 7. UNION ISSUES

A. Payroll deductions shall be for a specific amount and uniform as between employee members of the Union and not include fines, fees and/or assessments. Dues deduction shall be made only upon Union’s certification that it has and will maintain an authorization, signed by the individual from whose salary or wages the deduction or reduction is to be made.

B. The City shall direct employee requests to cancel or change deductions to Union and shall rely on information provided by Union regarding whether deductions were properly canceled or changed.

C. Amounts deducted and withheld by the City shall be transmitted to the officer designated in writing by the Union as the person authorized to receive such funds at the address specified.

D. The employee's earnings must be sufficient, after all other required deductions are made, to cover the amount of the deductions herein authorized. When an employee is in a non-pay status for an entire pay period, no withholdings will be made to cover that pay period from future earnings, nor will the employee deposit the amount with the City which would have been withheld if the employee had been in pay status during that period. In the case of an employee who is in a non -pay status during a part of the pay period and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other required deductions have priority over the Union dues deduction.

E. The union shall file with the City Manager an indemnity statement wherein the Union shall indemnify, defend and hold the City harmless against any claim made and against any suit initiated against the City on account of check off of Union dues or premiums for benefits. In addition, the Union shall refund to the City any amounts paid to it in error upon presentation of supporting evidence.

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ARTICLE II. UNION REPRESENTATIVES
City employees who are official representatives of the Union shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation or grievances are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City. Preparations for negotiations shall not occur on City time. Such employee representatives shall submit a written request for excused absence to their respective department heads, with an information copy to the City Manager, at least two (2) working days prior to the scheduled meeting whenever possible. Except by mutual agreement, the number of employees excused for such purposes shall not exceed two (2).

ARTICLE III. ACCESS TO WORK LOCATIONS
Reasonable access to employee work locations shall be granted officers of the Union and their officially designated representatives, for the purpose of processing grievances or contacting members of the Union concerning business within the scope of representation. Such officers or representatives shall not enter any work location without the consent of the Chief of Police. Access shall be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements.

The Union may use the City’s e-mail system to advise members of Union meetings. Using the City’s e - mail system for any other purpose is prohibited. Violations of this section will result in the loss of the use of e-mail for meeting notification purposes.

ARTICLE IV. CITY FACILITIES
City employees, the Union, or their representatives may, with the prior approval of the City Manager or designee, be granted the use of City facilities during non- work hours for meetings of City employees provided space is available. All such requests shall be in writing and shall state the purpose or purposes of the meeting. The City reserves the right to assess reasonable charges for the use of such facilities.

The use of City equipment other than items normally used in the conduct of business meetings, such as desks, chairs, and white boards, is strictly prohibited, the presence of such equipment in approved City facilities notwithstanding.

ARTICLE V. BULLETIN BOARDS
The Union may use portions of City bulletin boards under the following conditions:

A. All matters must receive the approval of the Chief of Police or a designated representative.

B. All materials must be dated and must identify the Union that published them.

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Police considers objectionable will not be posted. In instances where the Chief of Police denies approval, the Union may appeal such denial to the Administrative Services Director.

D. The City reserves the right to determine where bulletin boards shall be placed and what portion of them are to be allocated to Union's materials.

E. If the Union does not abide by these rules, it will forfeit its right to have materials posted on City bulletin boards.

ARTICLE VI. ADVANCE NOTICE
Except in cases of emergency, reasonable advance written notice shall be given the Union of any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council, by any board or commission of the City, or by any department, and each shall be given the opportunity to meet with such body prior to adoption. In cases of emergency when the City Council determines that an ordinance, rule, resolution, or regulation must be adopted immediately without prior notice or meeting with the Union, the City shall provide such notice and opportunity to meet at the earliest practical time following the adoption of such ordinance, rule, resolution, or regulation.

For purposes of this Article, emergency shall mean a situation or occurrence of a serious nature, developing suddenly and unexpectedly, and demanding immediate action.

ARTICLE VII. NO DISCRIMINATION
There shall be no discrimination based on race, color, ancestry, national origin, religion, creed, sex, sexual orientation, perceived sexual orientation, age, physical or mental disability, marital status, political opinion or affiliation, or legitimate Union activities.

ARTICLE VIII. ASSOCIATION RELEASE TIME
Livermore Police Association Board Members or others as designated by the Board, subject to the approval of the Police Chief or designee, shall be allowed a reasonable period of time without loss of compensation for the sole and exclusive purpose of conducting transactions of the Livermore Police Officers Association. Said amount of time shall not exceed three (3) hours per day for each Board member or designee and an aggregate not to exceed two hundred forty (240) hours per fiscal year for all such Board members and others designated by the Board provided every reasonable effort is made to conduct Association meetings and/or business on non- duty time. Permission to attend Association meetings on duty must be obtained forty- eight (48) hours in advance from the Police Chief or designee.

Permission to conduct Association business or attend Association meetings is conditioned upon field and/or assignment conditions.

As part of the two hundred forty (240) hours per year paid release time for Association Board members, up to a total maximum of six (6) days [eight (8) hour and eleven (11) hour shifts are considered as one (1) day] may be used to attend police related conferences, seminars or conventions. Permission to attend such conferences or conventions must be obtained two (2) weeks in advance from the Police Chief or designee.

Association members may each donate up to eleven (11) hours each calendar year of their accumulated vacation and/or compensatory time to an LPOA release time bank. Such donated time shall be subject

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to the same usage parameters as the aforementioned two hundred forty (240) hours provided by the City.

Donated time not used in the current calendar year shall roll-over into the next calendar year.

CHAPTER 8. MISCELLANEOUS

ARTICLE I. WORK SCHEDULES
The regular work schedule shall consist of an average of 2,080 hours per year with weekly work schedules averaging 40 hours overall. Such hours of work shall be determined by the Chief of Police.

The 4/11 shift schedule requires that employees work an additional seventy- two (72) hours per year to meet the 2,0 80 hour s worked per year requirement. In order to meet the seventy- two (72) hour requirement, sixty -three (63) hours will be scheduled as training/range training days (55 hours for continued professional training and 8 hours for range specific training) and nine (9) hours will be deducted from an employee’s leave accruals based on their election of vacation, compensatory time, or personal l eave at the beginning of t he payroll cal endar year. Employees who do not make a leave election by the beginning of the payroll calendar year will have a default election of nine (9) hours deducted from their personal leave. If there is not sufficient personal leave to cover the nine (9) hours, the balance of the required deduction will be taken from the employee’s vacation accruals. For new employees, the nine (9) hours will be deducted from the elected vacation, compensatory time, and/or personal leave once it is available. The tracking period for the additional hours worked per year is based on the payroll calendar year.

ARTICLE II. PROBATION
All original and promotional appointments shall be subject to a probationary period. The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work for securing the most effective adjustment of a new employee to his/her position and for rejecting any probationary employee whose performance does not meet the required standards of work.

A Police Officer hired as a lateral transfer will serve a twelve (12) month probationary period.

A Police Officer hired as an academy graduate will serve an eighteen (18) month probationary period.

A Police Trainee will be on probation until they satisfactorily complete the police academy and are sworn in as a Police Officer. They will then be required to serve an eighteen (18) month probationary period as an academy graduate Police Officer.

The probationary period for employees classified as Police Sergeants is twelve (12) months.

During the probationary period, an employee may be rejected at any time by the Chief of Police or division head after approval by the appointing authority without cause and without the right of appeal.

Notification of rejection in writing shall be served on the probationer with a copy to be filed with the City Manager or Administrative Services Director.

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Livermore City CouncilApril 28, 2025

Livermore City Council
April 28, 2025