Livermore City Council
July 28, 2025

1.01.040 Applicability of the Development Code
This Development Code applies to all land uses, subdivisions, and development within the City of Livermore, as follows:

F. Conflicting requirements:

1. Development Code requirements. If different requirements within this Development Code conflict, the provisions of Part 3 control over Parts 4 and 5, and the provisions of Part 6 control over Parts 3, 4 and 5, and the provisions of Part 11 control over Parts 3, 4, 5, and 6.

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PART 2: GENERAL TO ALL

2.01.020 Site Planning and Subdivision Design Standards for All Zones C. Parcel design.

5. Parcel configuration.
b. Street frontage required.
(1) Each proposed parcel shall have frontage on a public street unless specified otherwise by this Development Code. (An alley is not considered a street for the purposes of this Subparagraph.)

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PART 3: SPECIFIC TO ZONES

3.02.020 Applicability
The requirements of this Chapter shall apply to all proposed development within Transectbased zones, and shall be considered in combination with the standards for the applicable zone in Part 4 (General to Zones), Part 5 (Specific to Building Types), and those in Part 6 (Specific to Uses), and those in Part 11 (Housing). If there is a conflict between any standards, the provisions of Part 3 (Specific to Zones) control over Parts 4 and 5, and the provisions of Part 6 control over Parts 3, 4 and 5, and the provisions of Part 11 (Housing) control over Parts 3, 4, 5, and 6.

3.02.070 T3 Neighborhood (T3N) Standards
A. Purpose
This Zone’s primary purpose is to allow additions and new development that respect and protect the integrity and quality of the neighborhoods adjacent to Downtown.

This zone allows new additions and single-family houses to be built in scale and character with the existing neighborhood, subject to a Zoning Clearance. Carriage house units, Accessory Dwelling Units, Junior Accessory Dwelling Units, Two-Unit Residential Developments, and Urban Lot Splits provide additional housing opportunities within these walkable neighborhoods when the standards contained in Part 11 (Housing) are met.

3.02.070 T3 Neighborhood (T3N) Standards
G. Required Parking
Spaces
Residential Uses. Unless otherwise required for an ADU/JADU or Two-Unit Residential Development, parking minimums are as follows:

Studio or 1 Bedroom: 1 space/unit min.
2+ Bedroom: 2 spaces/unit min.

3.02.070 T3 Neighborhood (T3N) Standards
H. T3N Use Table
Land Use Type
Residential
Add the following Permitted Uses to the T3N Use Table:

Accessory Dwelling Unit (footnote #5)
Junior Accessory Dwelling Unit (footnote #5)
Two-Unit Development and/or Urban Lot Split (footnote #6) Add the following footnotes to the table in this section:

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Footnote 5: Permitted if in compliance with the standards of Chapter 11.30 (ADUs and JADUs).

Footnote 6: Permitted if in compliance with the standards of Chapter 11.50 (Two-Unit Residential Developments and Urban Lot Splits).

3.02.080 T4 Neighborhood (T4N) Standards
G. Required Parking
Spaces
Residential Uses. Unless otherwise required by the standards contained in Part 11 (Housing), parking minimums are as follows:

Studio or 1 Bedroom: 1 space/unit min.
2+ Bedroom: 2 spaces/unit min.

3.02.080 T4 Neighborhood (T4N) Standards
I. T4N Use Table
Land Use Type
Residential
Add the following Permitted Uses to the T4N Use Table:

Accessory Dwelling Unit (footnote #5)
Junior Accessory Dwelling Unit (footnote #5)
Two-Unit Residential Development and/or Urban Lot Split (footnote #6) Add the following footnotes to the table in this section:

Footnote 5: Permitted if in compliance with the standards of Chapter 11.30 (ADUs and JADUs).

Footnote 6: Permitted if in compliance with the standards of Chapter 11.50 (Two-Unit Residential Developments and Urban Lot Splits).

3.02.090 T4 Neighborhood-Open (T4N-O) Standards
G. Required Parking
Spaces
Residential Uses. Unless otherwise required by the standards contained in Part 11 (Housing), parking minimums are as follows:

Studio or 1 Bedroom: 1 space/unit min.
2+ Bedroom: 2 spaces/unit min.

3.02.090 T4 Neighborhood-Open (T4N-O) Standards
H. T4N-O Use Table
Land Use Type
Residential
Add the following Permitted Uses to the T4N-O Use Table:

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Accessory Dwelling Unit (footnote #4)
Junior Accessory Dwelling Unit (footnote #4)
Add the following footnote to the table in this section:

Footnote 4: Permitted if in compliance with the standards of Chapter 11.30 (ADUs and JADUs).

3.02.100 T4 Main Street-Open (T4MS-O) Standards
G. Required Parking
Spaces
Residential Uses. Unless otherwise required by the standards contained in Part 11 (Housing), parking minimums are as follows:

Studio or 1 Bedroom: 1 space/unit min.
2+ Bedroom: 2 spaces/unit min.

3.02.100 T4 Main Street-Open (T4MS-O) Standards
H. T4MS-O Use Table
Land Use Type
Residential
Add the following Permitted Uses to the T4MS-O Use Table:

Accessory Dwelling Unit (footnote #3)
Add the following footnote to the table in this section:

Footnote 3: Permitted if in compliance with the standards of Chapter 11.30 (ADUs and JADUs).

3.02.110 T4 Main Street (T4MS) Standards
G. Required Parking
Spaces
Residential Uses. Unless otherwise required by the standards contained in Part 11 (Housing), parking minimums are as follows:

Studio or 1 Bedroom: 1 space/unit min.
2+ Bedroom: 2 spaces/unit min.

3.02.110 T4 Main Street (T4MS) Standards
H. T4MS Use Table
Land Use Type
Residential
Add the following Permitted Uses to the T4MS-O Use Table:

Accessory Dwelling Unit (footnote #3)
Add the following footnote to the table in this section:

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Footnote 3: Permitted if in compliance with the standards of Chapter 11.30 (ADUs and JADUs).

3.03.020 Applicability
The requirements of this Chapter shall apply to all proposed development within NonTransect-based zones, and shall be considered in combination with the standards for the applicable zone in Part 4 (General to Zones) and those in Part 6 (Specific to Uses). If there is a conflict between any standards, the provisions of Part 3 (Specific to Zones) control over Part 4, and the provisions of Part 6 control over Parts 3 and 4, and the provisions of Part 11 (Housing) control over Parts 3, 4, and 6.

3.03.030 Residential Rural (R-R) Zone
I. R-R Use Table
Land Use Type
Residential
Dwelling: Secondary Unit
Add the following Permitted Uses to the R-R Use Table:

Accessory Dwelling Unit (footnote #3)
Junior Accessory Dwelling Unit (footnote #3)
Two-Unit Development and/or Urban Lot Split (footnote #4) Add the following footnotes to the table in this section:

Footnote 3: Permitted if in compliance with the standards of Chapter 11.30 (ADUs and JADUs).

Footnote 4: Permitted if in compliance with the standards of Chapter 11.50 (Two-Unit Residential Developments and Urban Lot Splits).

3.03.040 Suburban Residential (R-S) Zone
G. R-S Use Table
Land Use Type
Residential
Dwelling: Secondary Unit
Couplet
Add the following Permitted Uses to the R-S Use Table:

Accessory Dwelling Unit (footnote #3)
Junior Accessory Dwelling Unit (footnote #3)
Two-Unit Development and/or Urban Lot Split (footnote #4) Add the following footnotes to the table in this section:

Footnote 3: Permitted if in compliance with the standards of Chapter 11.30 (ADUs and JADUs).

Footnote 4: Permitted if in compliance with the standards of Chapter 11.50 (Two-Unit Residential Developments and Urban Lot Splits).

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3.03.050 Residential Low Density (R-L) Zone
G. R-L Use Table
Land Use Type
Residential
Dwelling: Secondary Unit
Add the following Permitted Uses to the R-L Use Table:

Accessory Dwelling Unit (footnote #3)
Junior Accessory Dwelling Unit (footnote #3)
Two-Unit Development and/or Urban Lot Split (footnote #4) Add the following footnotes to the table in this section:

Footnote 3: Permitted if in compliance with the standards of Chapter 11.30 (ADUs and JADUs).

Footnote 4: Permitted if in compliance with the standards of Chapter 11.50 (Two-Unit Residential Developments and Urban Lot Splits).

3.03.060 Multiple Family Residential (MFR) Zone
G. MFR Use Table
Land Use Type
Residential
Dwelling: Secondary Unit
Add the following Permitted Uses to the MFR Use Table:

Accessory Dwelling Unit (footnote #2)
Add the following footnotes to the table in this section:

Footnote 2: Permitted if in compliance with the standards of Chapter 11.30 (ADUs and JADUs).

3.03.070 Suburban Multiple Residential (RG) Zone
I. RG Use Table
Land Use Type
Residential
Add the following Permitted Uses to the RG Use Table:

Accessory Dwelling Unit (footnote #2)
Add the following footnotes to the table in this section:

Footnote 2: Permitted if in compliance with the standards of Chapter 11.30 (ADUs and JADUs).

3.03.110 Commercial Office (CO) Zone
G. CO Use Table
Land Use Type

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Residential
Add the following Permitted Uses to the CO Use Table:

Low Barrier Navigation Center

3.03.120 Professional Office (CP) Zone
G. CP Use Table
Land Use Type
Residential
Add the following Permitted Uses to the CO Use Table:

Low Barrier Navigation Center

3.03.170 Open Space (OS) Zone
H. OS Use Table
Land Use Type
Residential
Farmworker Housing: CUP
Add the following Permitted Use to the E Use Table:

Agricultural Employee Housing

3.04.050 South Livermore Valley/Agriculture (SLV-AG) Zone H. SLV-AG Use Table
Land Use Type
Residential
Add the following Permitted Use to the SLV-AG Use Table:

Agricultural Employee Housing

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162
PART 4: GENERAL TO ZONES

4.01.020 Applicability
The requirements of this Chapter shall apply to all proposed development and new land uses, except as specified in Chapter 9.16 (Nonconforming Uses), and shall be considered in combination with the standards for the applicable zone in Part 3 (Specific to Zones), and those in Part 6 (Specific to Uses), and Part 11 (Housing). If there is a conflict between any standards, the provisions of Part 3 control over Part 4 (General to Zones), and the provisions of Part 6 control over Parts 3 and 4, and the provisions of Part 11 (Housing) control over Parts 3 and 6.

If there is a conflict between any standards, the provisions of Part 3 control over Part 4 (General to Zones) and the provisions of Part 6 control over Parts 3 and 4.

4.02.010 Calculation of Residential Density and Units
D. One accessory dwelling unit per lot may be permitted in the City’s single-family residential zoning districts including Planned Unit Developments and Planned Development – Residential districts, subject to the requirements set forth in LDC 6.03.120 (Accessory Dwelling Units). Accessory Dwelling Units and Junior Accessory Dwelling Units are permitted subject to the requirements set forth in Chapter 11.30 (ADUs and JADUs). Two-Unit Residential Development and/or Urban Lot Splits are permitted subject to the requirements set forth in Chapter 11.50 (Two-Unit Residential Developments and Urban Lot Splits).

E. Additional density is allowed under the State density bonus law (California Government Code Section 65915). The law provides increased residential densities for projects that guarantee a portion of the housing units will be affordable to very low-, low-, or moderateincome households, provide senior citizen housing, or include child care facilities. See Chapter 11.40 (Density Bonus) Section 6.02.030 (Density Bonuses).

G. Accessory Dwelling Units and Junior Accessory Dwelling Units shall not be counted towards residential density calculations. Two-Unit Residential Development and/or Urban Lot Splits are allowed in single family zoning districts regardless of residential density limitations when the requirements of Chapter 11.50 (Two-Unit Residential Developments and Urban Lot Splits) are met.

4.02.030 Accessory Structures
B. Exemptions. The standards in this section do not apply to the following unless otherwise stated in the applicable zoning district:

1. Detached accessory dwelling units that conform to the regulations of LDC 6.03.120 (Accessory Dwelling Units). Accessory Dwelling Units that conform to the regulations of Chapter 11.30 (ADUs and JADUs).

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4.04.020 Number of Parking Spaces Required
Table 4.6: Automobile Parking Requirements
Residential. Unless otherwise required by the standards contained in Part 11 (Housing), parking requirements are as follows:

4.05.020 Residential Landscape Standards
C. Mixed-Use and Multifamily Residential Projects subject to compliance with the Mixed-Use and Multifamily Objective Design Standards shall comply with the additional residential landscape standards contained in that document.

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PART 5: BUILDING TYPES

5.01.020 Applicability
The requirements of this Chapter shall apply to all proposed development within Transectbased zones, and shall be considered in combination with the standards for the applicable zone in Part 3 (Specific to Zones), Part 4 (General to Zones), and those in Part 6 (Specific to Uses), and Part 11 (Housing). If there is a conflict between any standards, the provisions of Part 3 control over Part 4 and 5, and the provisions of Part 6 control over Parts 3, 4 and 5, and the provisions of Part 11 (Housing) control over Parts 3, 4, and 6.

5.01.030 Carriage House
F. Building Size and Massing
Miscellaneous
Carriage house units that are used as accessory dwelling units shall comply with the standards contained in LDC 6.03.120, Accessory Dwelling Units. No standards listed in this section shall prohibit the construction of an 800-square-foot or less accessory dwelling unit. Chapter 11.30 (ADU/JADUs).

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PART 6: SPECIFIC TO USES

Update Table of Contents to Remove:

Density Bonuses
Emergency Shelters
Farmworkers Housing
Mobile Homes and Mobile Home Parks
Secondary Dwelling Units

6.01.010 Intent and Applicability
Update Table 6-1 Zone Applicability to remove:

Density Bonuses
Emergency Shelters
Farmworkers Housing
Mobile Homes and Mobile Home Parks
Secondary Dwelling Units

6.02.060 Home Occupations
B. Location. The home occupation shall be located entirely within the primary residence, accessory dwelling unit, junior accessory dwelling unit, garage or an accessory structure that meets all current state and/or City code standards for accessory structures.

PART 7 AND PART 8: No changes proposed.

PART 9: PERMITS AND APPROVALS

9.01.020 Authority for Land Use and Zoning Decisions
Table 9.2 (Review Authority), below, identifies the review authority responsible for reviewing and making decisions on each type of application required by this Development Code. Projects subject to the streamlining provisions of any of the chapters within Part 11 (Housing) shall be reviewed in accordance with the standards of that chapter and not subject to any further review identified in Part 9 unless specifically authorized by Part 11 (Housing).

Table 9.1 Permits and Approvals
Permits Required by this Development Code

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166
Zoning Clearance. A Zoning Clearance is required to verify a proposed land use or structure complies with the list of activities allowed in the applicable zone and the development standards applicable to the use or structure. A Zoning Clearance is also used to document compliance with the Mixed-Use and Multifamily Objective Design Standards, when applicable, and with the provisions of any chapter within Part 11 (Housing), when applicable.

9.01.060 Initial Review of Application
A. Review for completeness. Unless specified otherwise in Part 11 (Housing) based on the type of residential use, the Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The Director’s determination of completeness shall be based on the City’s list of required application contents and any additional information determined by the Director to be necessary to determine project conformance to all applicable policies (see Section 9.01.040 [Application Preparation and Filing], above).

9.07.010 Purpose and Intent
B. Intent. The intent of this Chapter is to ensure that all approved site and structural development:

16. Is reviewed and processed in accordance with State law and in compliance with Part 11 (Housing), when appropriate.

9.13.060 Director
B. Duties and authority. The Director shall:

2. Perform the duties and functions prescribed in this Development Code, including the review of administrative development projects, in compliance with Table 9.2 (Review Authority), and Table 9.3 (Review Authority for Site Plan and Design Review), and Part 11 (Housing) as it relates to ministerial and/or streamlined review of certain housing projects, Government Code Section 65901 et seq., the California Environmental Quality Act (CEQA), and the City’s CEQA guidelines;

EXHIBIT B
167
PART 10: SUBDIVISIONS

10.01.050 Advisory Agency
Amend subsections to comply with changes made to Table 10-1 related to recommending authority and decision-making authority.

10.01.060 Type of Subdivision Approval Required
Amend subsections to comply with changes made to Table 10-1 related to naming conventions of subdivision types (Level I, II, and III).

10.01.100 Exceptions to Subdivision Standards
C. The subdivision of a parcel into two lots in accordance with Chapter 11.50 (TwoUnit Residential Developments and Urban Lot Splits) or the subdivision of a lot into ten (10) or fewer lots in accordance with Chapter 11.69 (Streamlined Review of Eligible Subdivisions) shall only be subject to the standards and requirements of their respective chapters.

10.05.020 Applicability of Design and Improvement Standards The requirements of this Chapter apply as follows.

E. Exceptions.
a. Exceptions to the requirements of this Chapter may be requested and considered in compliance with Subsection B. (Exceptions – Rural Residential Subdivisions with Parcels Over 10 Acres in Area), below.
b. The subdivision of a parcel into two lots in accordance with Chapter 11.50 (Two-Unit Residential Developments and Urban Lot Splits) or the subdivision of a lot into ten (10) or fewer lots in accordance with Chapter 11.69 (Streamlined Review of Eligible Subdivisions) shall only be subject to the standards and requirements of their respective chapters.

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PART 11 12: DEFINITIONS
Note: Duplicative definitions have been removed from Part 12 (Definitions) if they are now defined in Part 11 (Housing).
1112.01.020 Definitions of Specialized Terms and Phrases Definitions.

All terms used in Part 11 (Housing) are now defined in Chapter 11.20 (Definitions).

For the purpose of this section, the following terms shall be defined as follows:

Definitions for the following terms have been deleted from Part 12 and have been moved to Chapter 11.20 or replaced with a different term.

Affordable to low-income or very-low-income households.

Affordable housing.

Affordable housing project.

Approved nonprofit housing group.

Car share vehicle.

Density bonus.

Density bonus housing agreement.

Dwelling, accessory unit.

Dwelling, secondary unit.

Emergency shelter.

Farmworker housing.

Reserved unit.

Secondary unit.

Supportive housing.

Transitional housing.

PART 12 13: ZONING MAP

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CITY COUNCIL STAFF REPORT ITEM NO. 5.3
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the Holmes Street Decorative Fence Replacement West Side from Catalina Drive to El Caminito Project 2006-54.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and authorizing the City Manager to sign the Notice of Completion for the Holmes Street Decorative Fence Replacement West Side from Catalina Drive to El Caminito Project 2006-54.

SUMMARY
On January 13, 2025, City Council awarded the contract for construction of the Holmes Street Decorative Fence Replacement West Side from Catalina Drive to El Caminito to Westside Landscape & Concrete, Inc. The contract was substantially completed on May 5, 2025, and reached final completion on May 24, 2025. The contract can now be accepted for permanent maintenance. The process to release the contractor's bonds can begin.

DISCUSSION
The Holmes Street Decorative Fence Replacement West Side from Catalina Drive to El Caminito Project replaced approximately 1,700 lineal feet of deteriorated wood stake fence on the west side of Holmes Street from Catalina Drive to El Caminito as shown in Attachment 1 - Location Map. This project helped improve the aesthetics along a major arterial and gateway into the City.

The project originally only intended to replace 1,400 lineal feet of 7’ wood fence from Catalina Drive to El Caminito. However, the apartment complex near Catalina improved their fence prior to the start of the project. This section of the fence was removed from the project and in exchange additional fencing was constructed to the north of El Caminito to continue the sequential enhancement of Holmes Street. In addition, change order allowance was utilized to increase the total amount of fence replacement by 300 170
lineal feet.

The project was completed in accordance with the contract documents in a manner acceptable to the City Engineer.

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

FISCAL AND ADMINISTRATIVE IMPACTS
The original construction contract was $335,203. The contingency budget for change orders is 10% of that amount or $200,000, whichever is greater, per Municipal code 2.68.590B. The final contract amount including change orders is $425,540. The total value of change orders is $90,337 which consisted primarily of installing an additional 300 lineal feet of new 7' wood fence to the north of the original project limits. Project 2006-54 is included in the FY 2025-2030 Capital Improvement Plan and funded with CIP Reserves - Government (Fund 101). The approved budget covers these construction costs and all other project costs; no additional appropriations are required. This wall replacement project will not increase operations and maintenance costs.

COMMUNITY PILLAR
4: Inclusive & Inviting Spaces & Places
GOAL
1: Further enhance Livermore's unique sense of place

ATTACHMENTS

1. Location Map

2. Resolution

3. Exhibit A - Notice of Completion
Prepared by: Jorge Andrade
Assistant Engineering Technician
171
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
172









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PROJECT LOCATION
ATTACHMENT 1
173
1 RESOLUTION NO. _____

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE ACCEPTANCE FOR PERMANENT

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

NOTICE OF COMPLETION
(Holmes Street Decorative Fence Replacement West Side from Catalina Drive to El Caminito Project 2006-54)
The City Engineer of the City of Livermore (“City”) has filed with the City Clerk a report in writing that all work on the Holmes Street Decorative Fence Replacement West Side from Catalina Drive to El Caminito Project 2006-54 (“Project”), has been completed to City standards. The Project is ready for acceptance by the City of Livermore for routine maintenance.

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

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

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

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

4. The City hereby accepts the improvements; and

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

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

AYES:

NOES:

ABSENT:

ABSTAIN:
174
2 RESOLUTION NO. _____
ATTEST: APPROVED AS TO FORM:
____________________________ /s/Tara Mazzanti___________________ Deborah L. Elam Tara Mazzanti
City Clerk Senior Assistant City Attorney

Exhibit A – Notice of Completion
175

EXHIBIT A
176
CITY COUNCIL STAFF REPORT ITEM NO. 5.4
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution accepting public improvements constructed by Ponderosa Homes II, Inc., pursuant to the Subdivision Improvement Agreement for Final Tract Map 8471, located north of the intersection between Lomitas Avenue and Bella Vista Place, for permanent maintenance and authorizing release of security and accepting offers of dedication of Lomitas Avenue, Bella Kristina Lane, Public Utility Easement, and Sidewalk Easement.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution:

1. Accepting Final Tract Map 8471 public improvements for permanent maintenance;

2. Accepting, on behalf of the public, all real property offered for dedication within Final Tract Map 8471, including Lomitas Avenue, Bella Kristina Lane, Public Utility Easement, and Sidewalk Easement; and

3. Authorizing release of security provided for construction of the public improvements.

SUMMARY
On September 27, 2021, Final Tract Map 8471 was approved by the City Council with a Subdivision Improvement Agreement and security for the construction of public infrastructure to serve The Vineyard Crossing II residential project. Attachment 1 shows the location of the project. The public improvements for the project include public streets, sidewalks, utilities, and lighting. The Developer, Ponderosa Homes II, Inc., has completed the public improvements to the satisfaction of the City Engineer. The City Council can now accept Final Tract Map 8471 public improvements for permanent maintenance, accept previously rejected offers of dedication, and release security.

DISCUSSION
Final Tract Map 8471 consists of 9 single-family residential units. The project is located north of the intersection between Lomitas Avenue and Bella Vista Place. On September 27, 2021, Final Tract Map 8471 was approved by City Council with a Subdivision Improvement Agreement and security for public improvements. At that meeting, Council also rejected the offers of dedication for the following streets and easements made on Final Tract Map 8471:
177
Lomitas Avenue,
Bella Kristina Lane,
Public Utility Easement, and
Sidewalk Easement.

An offer of dedication is a formal act by a property owner to voluntarily donate land or property rights to a public entity for a specific public use, such as a street or utility easement. This offer is usually an initial step, and the public entity must accept the dedication for it to become legally binding. When Final Tract Map 8471 was approved on September 27, 2021, the City Council rejected the offers of dedication made on the map but retained the right to accept the dedications at a later date when the improvements were complete.

Ponderosa Homes II, Inc. has fulfilled all of the obligations as described in the Conditions of Approval and Subdivision Improvement Agreement for Final Tract Map 8471 to the satisfaction of the City Engineer. The public improvements for the project include public streets, sidewalks, utilities, and lighting.

The City Council can now accept Final Tract Map 8471 for permanent maintenance, accept offers of dedication that were previously rejected, and release the security that was provided as surety for these public improvements as specified in the Subdivision Improvement Agreement.

FISCAL AND ADMINISTRATIVE IMPACTS
The estimated annual cost for maintenance of public infrastructure, including water, sewer, pavement, curb, gutter, sidewalk, and streetlights is $6,200. $2,700 of this cost will be funded by sewer user fees (Fund 230), and $3,500 will be funded by the General Fund (Fund 100) and will be partially derived from increased property taxes generated from the new development.

COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
9: Facilitate new development consistent with the City's General Plan

ATTACHMENTS

1. Vicinity Map

2. Resolution
Prepared by: Leo Sum
Assistant Civil Engineer
178
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
179
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. 1,200 Livermore IT, GIS Services 200.0
1: NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 100.00 Feet 0 200.0
6/25/2025 9:11:55
AM
Prepared:

Notes:

Scale:

CONCANNON BLVD LARRYS PL BELLA KRISTINA LN

LOMITAS AVE BELLA VISTA PL KARA PL SORRENTO PL

FINAL TRACT
MAP 8471 ATTACHMENT 1
180
1 RESOLUTION NO. _______

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

EXEMPT FROM FILING FEES PURSUANT TO
GOV. CODE § 27383

CITY CLERK

CITY OF LIVERMORE
1052 S. LIVERMORE AVENUE
LIVERMORE, CA 94550
Space Above This Line For Recorder’s Use Only

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED BY PONDEROSA HOMES II, INC. PURSUANT TO THE SUBDIVISION IMPROVEMENT AGREEMENT FOR FINAL TRACT MAP 8471, LOCATED NORTH OF THE

INTERSECTION BETWEEN LOMITAS AVENUE AND BELLA VISTA PLACE, FOR

PERMANENT MAINTENANCE AND AUTHORIZING RELEASE OF SECURITY AND

ACCEPTING OFFERS OF DEDICATION OF LOMITAS AVENUE, BELLA KRISTINA

LANE, PUBLIC UTILITY EASEMENT, AND SIDEWALK EASEMENT
(Ponderosa Homes II, Inc. - Final Tract Map 8471)
On September 27, 2021, the City Council adopted Resolution No. 2021-162 approving Final Tract Map 8471 and authorizing the execution of a Subdivision Improvement Agreement with Ponderosa Homes II, Inc. The Subdivision Improvement Agreement for Final Tract Map 8471 was recorded under Series No. 2021360106, dated November 2, 2021, Official Records of Alameda County, California.

The City Engineer of the City of Livermore has filed with the City Clerk a report in writing that all public improvements constructed pursuant to the Subdivision Improvement Agreement for Final Tract Map 8471 have been completed by Ponderosa Homes II, Inc. to City of Livermore’s standards and are now ready for acceptance by the City of Livermore for permanent maintenance.

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

1. The City Council hereby accepts all public improvements required to have been constructed pursuant to the Subdivision Improvement Agreement for Final Tract Map 8471, recorded under Series No. 2021360106, dated November 2, 2021, Official Records of Alameda County, California (“Subdivision Improvement Agreement”).

2. The faithful performance bond guaranteeing the Subdivision Improvement 181
2 RESOLUTION NO. _______
Agreement is hereby released.

3. The labor and materials bond guaranteeing the Subdivision Improvement Agreement shall, six months after the date of this resolution, be reduced to an amount equal to the amount of all claims filed and of which notice has been given to the City of Livermore. The balance of the bond shall be released upon the settlement of all claims and obligations for which the security was given.

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

5. Pursuant to Government Code sections 7050 and 66477.2, the City hereby rescinds its earlier action taken on September 27, 2021, to reject the offer of dedication of Lomitas Avenue, Bella Kristina Lane, Public Utility Easement, and Sidewalk Easement, and accepts the offer of dedication of Lomitas Avenue, Bella Kristina Lane, Public Utility Easement, and Sidewalk Easement for public purposes made on Final Tract Map 8471, recorded in the Office of the County Recorder on November 2, 2021, under Series Number 2021360106, Official Records of Alameda County, California.

6. The City Clerk is directed to record this resolution in the Office of the Alameda County Recorder.

7. The City Manager is authorized 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 July 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 Senior Assistant City Attorney
182
CITY COUNCIL STAFF REPORT ITEM NO. 5.5
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution summarily vacating a portion of a storm drain easement on Parcel 4 of Parcel Map 5300 Legacy Apartments property and authorizing the City Manager to quitclaim the vacated storm drain easement.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution to summarily vacate a portion of a storm drain easement on Parcel 4 of Parcel Map 5300 and authorizing the City Manager to quitclaim the vacated storm drain easement on the Legacy Apartments property to the property owner, Livermore Multifamily Owner, LLC.

SUMMARY
Staff proposes to vacate a portion of a storm drain easement on the Legacy Apartment property located at 1934 First Street as shown in Attachment 1. The storm drain in this easement was relocated as part of the Legacy Apartments construction project and is no longer needed for public use. This vacation will clear the encumbrance of the easement on the Legacy Apartments property.

DISCUSSION
The public storm drains on the current Legacy property were originally constructed in the late 1980's.

Storm drain easements and commercial parcels were created as part of Parcel Map 5300, which covered the area between L Street and P Street, south of Railroad Avenue.

The Legacy Apartment project involved building structures over a portion of the storm drain easements.

The project was conditioned to relocate a portion of the storm drain main as the first order of construction. The Legacy Apartment project filed Parcel Map 10757 and created a new public storm drain easement for the relocation of the storm drain main. The existing storm drain main was relocated with the project and the easement where it was previously located is no longer needed to serve the public. Staff recommends the City Council summarily vacate the storm drain easement on the Legacy Apartments property that is no longer needed and authorize the City Manager to quitclaim the easement back to the property owner to remove the encumbrance from their property. 183

FISCAL AND ADMINISTRATIVE IMPACTS
By vacating the storm drain easement, the City eliminates the need to maintain the easement and reduces the associated liability, resulting in a minor financial benefit to the City.

COMMUNITY PILLAR
4: Inclusive & Inviting Spaces & Places
GOAL
3: Continue to implement the Downtown Specific Plan

ATTACHMENTS

1. Vicinity Map

2. Resolution

3. Exhibit A - Portion of Storm Drain Easement Vacation - Plat and Legal Description

4. Exhibit B - Quitclaim Deed Livermore Multifamily Owner Prepared by: Debbie Salgado
Senior Civil Engineer
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
184
ATTACHMENT 1
185
1 RESOLUTION NO. _______

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

EXEMPT FROM FILING FEES PURSUANT TO
GOV. CODE, § 27383

CITY CLERK

CITY OF LIVERMORE
1052 S. LIVERMORE AVENUE
LIVERMORE, CA 94550
A.P.N. 098-0405-004 (Previous) Space Above This Line For Recorder’s Use Only A.P.N. 098-0413-001 (New)

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE

STATE OF CALIFORNIA

A RESOLUTION SUMMARILY VACATING A PORTION OF A STORM DRAIN EASEMENT ON PARCEL 4 OF PARCEL MAP 5300 AND AUTHORIZING THE CITY

MANAGER TO QUITCLAIM THE VACATED STORM DRAIN EASEMENT
Streets and Highways Code section 8330 and following allow the legislative body of a local agency to summarily vacate an easement if the easement has been superseded by relocation.

The City must vacate the public storm drain easement to remove the encumbrance from the subject property.

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

1. The City Council vacates the public storm drain easement set forth below:

County
Recorder’s #
Original Grantor Description Full or
Partial
Vacation
87-348634
Parcel Map 5300
Southern Pacific Development
Company
Storm Drain
Easement
Partial

2. The easement has been superseded by relocation and there are no other public facilities located within the easement (Streets and Highways Code section 8333 (c).).

3. The City Clerk is directed to file a certified copy of this resolution of vacation with associated legal descriptions with the Alameda County Recorder’s Office. 186
2 RESOLUTION NO. _______

4. From and after the date this resolution is recorded, the storm drain easement located on Parcel 4 of Parcel Map 5300, as more particularly shown and described in Exhibit A, attached hereto, is vacated and no longer constitutes a public storm drain easement.

5. The City Manager is authorized to execute, on behalf of the City of Livermore, the Quitclaim Deed, attached hererto as Exhibit B, to the current owner of Parcel 4 of Tract 5300, Livermore Multifamily Owner LLC.

6. The City Council of the City of Livermore directs the City Clerk to record the executed Quit Claim Deed with the Alameda County Recorder’s Office.

On motion of Council Member , seconded by Council Member ____________________________, the foregoing Resolution was passed and adopted on July 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 Senior Assistant City Attorney
Exhibit A - Portion of Storm Drain Easement Vacation – Plat and Legal Description Exhibit B – Quitclaim Deed, Livermore Multifamily Owner, LLC 187
EXHIBIT “A”

LEGAL DESCRIPTION
FOR: PORTION OF STORM DRAIN EASEMENT VACATION

BEING A PORTION OF THAT CERTAIN STORM DRAIN EASEMENT SITUATED IN THE CITY OF LIVERMORE, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, WITHIN PARCEL 4 AS SHOWN ON THAT CERTAIN PARCEL MAP NUMBER 5300, FILED FOR RECORD ON DECEMBER 31, 1987 IN BOOK 174 OF PARCEL MAPS AT PAGES 39-40, OFFICIAL RECORDS OF ALAMEDA COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 4, LYING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF SOUTH L STREET (AN 80’ WIDE PUBLIC STREET); THENCE LEAVING SAID RIGHT OF WAY LINE, ALONG THE SOUTHERLY LINE OF SAID PARCEL 4, ALSO BEING THE SOUTHERLY LINE OF SAID STORM DRAIN EASEMENT, SOUTH 69° 30' 00" WEST, 322.047 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 4;
THENCE ALONG SAID WESTERLY LINE, NORTH 20° 30' 00" WEST, 19.796 FEET;

THENCE LEAVING SAID WESTERLY LINE AND ALONG THE NORTHERLY LINE OF SAID STORM DRAIN EASEMENT, NORTH 70° 01' 58" EAST, 322.060 FEET, TO A POINT ON THE AFOREMENTIONED SOUTHWESTERLY RIGHT OF WAY LINE OF SOUTH L STREET;
THENCE ALONG SAID RIGHT OF WAY LINE, SOUTH 20° 30' 00" EAST, 16.80 FEET TO THE POINT OF BEGINNING.

CONTAINING 5,893 SQUARE FEET, OR 0.1353 ACRES MORE OR LESS.

AS SHOWN ON EXHIBIT “B”, ATTACHED HERETO AND MADE A PART HEREOF.

DESCRIPTION PREPARED BY KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC. ______________________ 11/06/2024
KC J. KELLER, P.L.S. 9731 DATE
EXHIBIT A Page 1 of 2
188

RAILROAD AVENUE SOUTH M STREET
1ST STREET SOUTH L STREET
1" = 80'
1 OF 1
2850 Collier Canyon Road
Livermore, CA 94551
Phone: (925) 245-8788
www.kierwright.com LIVERMORE, CALIFORNIA
BY
JOB NO.

SCALE
DATE
CJ
A07560-11
NOV.,2024
SHEET
EXHIBIT "B"

STORM DRAIN EASEMENT

VACATION
NORTH
EXHIBIT A Page 2 of 2
189
RECORDING REQUESTED BY:

AND
WHEN RECORDED MAIL TO:

City Clerk
City of Livermore
1052 South Livermore Avenue
Livermore, CA 94550
ABOVE THIS LINE FOR RECORDER’S USE
_______________________________________________________________________________________________ MAIL TAX STATEMENTS TO: The Undersigned grantor(s) declare(s):

CITY TRANSFER TAX $0.00
DOCUMENTARY TRANSFER TAX $ Release of temp. easement
SURVEY MONUMENT FEE $0.00
SAME AS ABOVE Computed on the consideration or value or property conveyed; OR computed on the consideration or value less liens or encumbrances remaining a t time of sale.
____________________________________________________________________________________________________________________________________ APN 098-0405-004 (Previous) Exempt from filing fees per Government Code Section §§27383 & 6103 APN 098-0413-001 (New)

QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF LIVERMORE, a Municipal Corporation, “Grantor,”
hereby remises, releases and quitclaims to Livemore Multifamily Owner, LLC, a Delaware Limited Liabilty Company (“Grantee”) the real property in the City of Livermore, County of Alameda, State of California as described in Exhibit “A” and being depicted on Exhibit “B” This Quit Claim is related to City of Livermore Resolution 2025-_______, vacating the public strom drain easement concerning the real property in the City of Livermore, County of Alameda, State of California, as described as

FOR LEGAL DESCRIPTION AND PLAT
SEE EXHIBIT “A” AND “B” ATTACHED HERETO AND MADE A PART HEREOF GRANTOR:

City of Livermore, a municipal corporation
_____________________________________________________ Date:_______________________________________________________ Signature:

By: Marianna Burch
Its: City Manager

EXHIBIT B
190
EXHIBIT “A”

LEGAL DESCRIPTION
FOR: PORTION OF STORM DRAIN EASEMENT VACATION

BEING A PORTION OF THAT CERTAIN STORM DRAIN EASEMENT SITUATED IN THE CITY OF LIVERMORE, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, WITHIN PARCEL 4 AS SHOWN ON THAT CERTAIN PARCEL MAP NUMBER 5300, FILED FOR RECORD ON DECEMBER 31, 1987 IN BOOK 174 OF PARCEL MAPS AT PAGES 39-40, OFFICIAL RECORDS OF ALAMEDA COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 4, LYING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF SOUTH L STREET (AN 80’ WIDE PUBLIC STREET); THENCE LEAVING SAID RIGHT OF WAY LINE, ALONG THE SOUTHERLY LINE OF SAID PARCEL 4, ALSO BEING THE SOUTHERLY LINE OF SAID STORM DRAIN EASEMENT, SOUTH 69° 30' 00" WEST, 322.047 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 4;
THENCE ALONG SAID WESTERLY LINE, NORTH 20° 30' 00" WEST, 19.796 FEET;

THENCE LEAVING SAID WESTERLY LINE AND ALONG THE NORTHERLY LINE OF SAID STORM DRAIN EASEMENT, NORTH 70° 01' 58" EAST, 322.060 FEET, TO A POINT ON THE AFOREMENTIONED SOUTHWESTERLY RIGHT OF WAY LINE OF SOUTH L STREET;
THENCE ALONG SAID RIGHT OF WAY LINE, SOUTH 20° 30' 00" EAST, 16.80 FEET TO THE POINT OF BEGINNING.

CONTAINING 5,893 SQUARE FEET, OR 0.1353 ACRES MORE OR LESS.

AS SHOWN ON EXHIBIT “B”, ATTACHED HERETO AND MADE A PART HEREOF.

DESCRIPTION PREPARED BY KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC. ______________________ 11/06/2024
KC J. KELLER, P.L.S. 9731 DATE

EXHIBIT B
191

RAILROAD AVENUE SOUTH M STREET
1ST STREET SOUTH L STREET
1" = 80'
1 OF 1
2850 Collier Canyon Road
Livermore, CA 94551
Phone: (925) 245-8788
www.kierwright.com LIVERMORE, CALIFORNIA
BY
JOB NO.

SCALE
DATE
CJ
A07560-11
NOV.,2024
SHEET
EXHIBIT "B"

STORM DRAIN EASEMENT

VACATION
NORTH

EXHIBIT B
192
CITY COUNCIL STAFF REPORT ITEM NO. 5.6
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution determining Tract 8612, Shea Aura, located south of Portola Avenue and west of Tranquility Circle, is annexed to the City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services).

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution determining Tract 8612, Shea Aura, located south of Portola Avenue and west of Tranquility Circle, is annexed to the City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) and directing the City Clerk to record the Notice of Annexation.

SUMMARY
The Shea Aura townhomes project, Tract 8612, located south of Portola Avenue and west of Tranquility Circle, was conditioned to participate in a maintenance district to finance the maintenance and operation of services associated with the Isabel Neighborhood Specific Plan. The property owner, Shea Homes, Inc., is fulfilling this obligation by requesting annexation to Community Facilities District (CFD) No. 2023- 1 (Isabel Neighborhood Specific Plan Services) (CFD No. 2023-1) and has provided the attached Unanimous Approval document that constitutes a unanimous vote by Shea Homes, Inc. in favor of annexing their property into CFD No. 2023-1.

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

Subsequently, on June 26, 2023, the City Council adopted Ordinance No. 2147, to levy special taxes within CFD No. 2023-1, including any parcels that annex into CFD No. 2023-1. 193
The Future Annexation Area was established for CFD No. 2023-1 to create a streamlined process for projects to annex into CFD No. 2023-1 and contribute maintenance funds for the public amenities and/or infrastructure that is installed within the Isabel Neighborhood Specific Plan. The Future Annexation Area coincides with the boundary of the Isabel Neighborhood Specific Plan area. Parcels within the Future Annexation Area may annex into CFD 2023-1 without any requirement for further public hearings or additional proceedings if their owners execute a unanimous approval (Unanimous Approval), which under the Mello-Roos Act constitutes the vote of the qualified elector in favor of the matters addressed in the Unanimous Approval for purposes of California law.

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

Neighborhood Streets - Main Street, Bicycle Streets, and Pedestrian Streets within the Isabel Neighborhood Specific Plan
Neighborhood Parks
Neighborhood Trails
Neighborhood Plazas
Pedestrian Bridge/Tunnel Crossing of Isabel Avenue
Valley Link Plaza and Pedestrian Bridges
Valley Link Parking Lot
Costs for CFD No. 2023-1 administration, as well as Alameda County’s costs to collect the special taxes, will also be paid with special taxes levied in CFD No. 2023-1.

The Shea Aura townhomes project, Tract 8612, is located within the Future Annexation Area. The conditions of approval for the project require the property owner to participate in a maintenance district to finance the maintenance and operation of services associated with the Isabel Neighborhood Specific Plan. The property owner, Shea Homes, Inc. is fulfilling this obligation by requesting annexation to Community Facilities District No. 2023-1 and has executed the attached Unanimous Approval.

Unanimous Approval constitutes a unanimous vote by Shea Homes, Inc. in favor of annexing their property to CFD No. 2023-1 and the annual levy of special taxes according to the rate and method of apportionment of the special tax (RMA).

To complete the annexation process for the Shea Aura townhomes project, Tract 8612, the City Council is asked to consider adopting a resolution determining that the property is annexed to CFD No. 2023-01.

Adoption of the resolution will annex the project as Tax Zone 6 within the CFD No. 2023-1 and direct the City Clerk to record a notice of the annexation with the Alameda County Recorder. Attachment 1 shows a map of the CFD No. 2023-1 boundary with all tax zones created to date. This map will be updated as new tax zones are annexed into CFD No. 2023-1.

FISCAL AND ADMINISTRATIVE IMPACTS
The City will administer CFD No. 2023-01 on an annual basis and will budget for, and manage, the necessary maintenance, operation, and administration. All related expenditures will be paid by the City with special taxes collected in CFD No. 2023-1. At buildout of the Isabel Neighborhood Specific Plan area, the estimated annual cost for maintaining all the items in the Description of Services for CFD No. 2023-1 is approximately $1,800,000 plus administrative expenses. As each new development within the 194
specific plan is completed, they will be assessed their pro-rata share of the overall maintenance expenses of the CFD No. 2023-1.

With this annexation, Shea Aura townhomes project becomes Tax Zone 6 in CFD No. 2023-1. The FY 2024-25 Special Tax Requirement Max Cap for Zone 6 is estimated at $84,654, an average of $516 per residential unit as shown in Table 6 of Exhibit A to the Resolution. This amount is the pro-rata share of the CFD maintenance costs attributed to Tax Zone 6. The max cap for Tax Zone 6 will increase on July 1, 2025, and annually each July 1 thereafter, based upon the prior calendar year’s change in the Consumer Price Index – All Urban Consumers (San Francisco-Oakland- San Jose, CA) plus one percent (CPI + 1%).

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

COMMUNITY PILLAR
2: Economy That Prospers
GOAL
4: Implement the Isabel Neighborhood Specific Plan.

ATTACHMENTS

1. CFD 2023-1 Tax Zone Map

2. Resolution

3. Exhibit A - Unanimous Approval
Prepared by: Leo Sum
Assistant Civil Engineer
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
195
ATTACHMENT 1
196
1 RESOLUTION NO. ___________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION DETERMINING TRACT 8612, SHEA AURA, LOCATED SOUTH OF

PORTOLA AVENUE AND WEST OF TRANQUILITY CIRCLE, IS ANNEXED TO THE CITY OF LIVERMORE COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ISABEL

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

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

This City Council previously undertook the following proceedings to establish the City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) (the “CFD”) and a future annexation area for the CFD (the “Future Annexation Area”) pursuant to the Act for the purpose of levying a special tax (the “Special Tax”) to finance certain municipal services (the “Services) as provided in the Act:
(i) this City Council adopted Resolution No. 2023-092, entitled “A Resolution of Formation of a Community Facilities District and Future Annexation Area” (the “Resolution of Formation), pursuant to which it established the CFD and the Future Annexation Area and authorized the levy of the Special Tax according to the rate and method of apportionment of special tax (the “Rate and Method”) set forth in Exhibit B of the Resolution of Formation and an appropriations limit, subject to an election within the CFD on the propositions of levying the Special Tax and establishing the appropriations limit;
(ii) this City Council caused a map of the proposed boundaries of the CFD and the Future Annexation Area to be recorded in the Alameda County Recorder’s Office on May 17, 2023, in Book 19 of Maps of Assessment and Community Facilities Districts at Pages 41-42, and, in the Resolution of Formation, this City Council approved the boundaries shown in the map as the boundaries of the CFD and the Future Annexation Area; (iii) on July 12, 2023, a special election was held among the landowner voters within the CFD at which such voters approved the levy of the Special Tax in accordance with the Rate and Method and the appropriations limit by the two-thirds vote required by the Act, which approval was confirmed by Resolution No. 2023-094, entitled “A Resolution Declaring Results of Special Landowner Election and Directing Recording of Notice of Special Tax Lien”; and
197
2 RESOLUTION NO. ___________
(iv) on July 26, 2023, this City Council adopted its Ordinance No. 2147, entitled “An Ordinance Levying a Special Tax Within City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services)”, pursuant to which this City Council authorized and levied the Special Tax within the CFD (including any parcel or parcels in the Future Annexation Area that annex into the CFD) pursuant to the Act, at the rate and in accordance with the Rate and Method, as such Rate and Method may be supplemented in connection with annexations of any parcel or parcels in the Future Annexation Area into the CFD.

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

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

This City Council has been provided with a Unanimous Approval, which Unanimous Approval is attached hereto as Exhibit A, executed by the owner of certain property in the Future Annexation Area that is identified as Assessor’s Parcel Numbers 903-0014-004, 903-0014-005, 903-0014-006 and 903-0014-007 (the “Annexation Property”).

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

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

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

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

Section 2. Determination Regarding the Annexation of the Annexation Property. This City Council hereby determines that, having received an executed 198
3 RESOLUTION NO. ___________
Unanimous Approval by the owner of the Annexation Property, the Annexation Property is added to the CFD.

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

Section 4. Effective Date. This resolution shall take effect upon its adoption by this City Council.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Deborah L. Elam
City Clerk
APPROVED AS TO FORM:
/s/Jason Alcala ________
Jason R. Alcala
City Attorney
Exhibit A – Unanimous Approval
199

200

201

202

203
Exhibit A

EXHIBIT A
City of Livermore
Community Facilities District No. 2023-1
(Isabel Neighborhood Specific Plan Services)

DESCRIPTION OF SERVICES AUTHORIZED IN THE CFD
Special Taxes collected in the CFD will fund, in whole or in part, the services listed below. Services may be performed inside the CFD and outside the CFD if the City has concluded that such services would benefit the CFD.

Public Street Services
Public Street Services include maintenance and operation of Main Street, Bicycle Streets, and Pedestrian Streets within the Isabel Neighborhood Specific Plan. Public Street Services include, but are not limited to, pavement restoration and rehabilitation, landscaping and irrigation, maintenance and operation of street lights and specialty lighting, sidewalks, curbs and gutters, street furniture, signage and monuments. The costs of Public Streets Services include any associated electricity, water and other utility costs.

Neighborhood Park Services
Neighborhood Park Services include maintenance and operation of public parks within the Isabel Neighborhood Specific Plan. Neighborhood Park Services include, but are not limited to, landscaping and irrigation, maintenance and operation of park lighting, playground equipment, play fields, parking lots ancillary buildings and structures, sidewalks, fencing, publicly owned masonry walls, public art and other improvements associated with public parks. Neighborhood Park Services also include cleaning and removal of graffiti, trash pickup and weed control. The costs of Neighborhood Park Services include any associated electricity, water and other utility costs.

Neighborhood Trail Services
Neighborhood Trail Services include maintenance and operation of trails within the Isabel Neighborhood Specific Plan. Neighborhood Trail Services include, but are not limited to, trail restoration and rehabilitation, cleaning and trash pickup.

Neighborhood Plaza Services
Neighborhood Plaza Services include maintenance and operation of public plazas within the Isabel Neighborhood Specific Plan. Neighborhood Plaza Services include, but are not limited to, maintenance and operation of plaza hardscapes, landscaping and irrigation, plaza lighting, plaza furnishings, signage and monuments, public art and other improvements associated with public plaza space. Neighborhood Plaza Services also include cleaning and removal of graffiti, trash pickup and weed control. The costs of Neighborhood Plaza Services include any associated electricity, water and other utility costs.

Services Related to Pedestrian Bridge/Tunnel Crossing of Isabel Avenue Services related to Pedestrian Bridge/Tunnel Crossing include maintenance and operation of bridge or tunnel pedestrian surfaces and/or supports, specialty lighting, signage and monuments. Services also

204
Exhibit A
include cleaning and removal of graffiti, trash pickup. The costs of these services include any associated electricity, water and other utility costs.

Services Related to Valley Link Plaza and Pedestrian Bridges Services related to Valley Link Plaza include maintenance and operation of Valley Link plaza hardscapes, landscaping and irrigation, plaza lighting, plaza furnishings, signage and monuments, public art and other improvements associated with the Valley Link plaza space. These services include operation and maintenance of pedestrian surfaces and/or supports. Services also include cleaning and removal of graffiti, trash pickup and weed control. The costs of these services include any associated electricity, water and other utility costs.

Services Related to Valley Link Parking Lot
Services related to Valley Link Parking Lot include pavement restoration and rehabilitation, landscaping and irrigation, maintenance and operation of street lights and specialty lighting, sidewalks, curb and gutter, signage and monuments. The costs of these services include any associated electricity, water and other utility costs.

Flood and Storm Protection Services.

Flood and Storm Protection Services include the operation and maintenance of storm drainage systems.

Services Related to Hazardous Substances.

Services related to hazardous substances include removal or remedial action for the cleanup of any hazardous substance released or threatened to be released into the environment.

Maintenance and Operation of Other Property.

Maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City or by another local agency pursuant to an agreement entered into under Section 53316.2.
“Services has the meaning given that term in the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”).
“Maintenance” has the meaning given that term in the Act, and includes, but is not limited to, servicing, repair and removal. The services shall be in addition to those provided in the territory of the CFD before the CFD was created, and the additional services shall not supplant services already available within that territory when the CFD was created.

Special Taxes may be used to fund operating reserves and capital reserves.

Special Taxes may be used to fund “costs” and “incidental expenses” related to the eligible Services as those terms are defined in the Act.

Special Taxes may be levied to cure actual or estimated delinquencies in Special Taxes for the current or previous fiscal years.

205
Exhibit A
Administrative Expenses
The CFD will also finance the expenses incurred by the CFD in administering the CFD, including, but not limited to, the levy and collection of the Special Taxes, the fees and expenses of its legal counsel, costs related to annexing property into the CFD, charges levied by the County of Alameda in connection with the levy and collection of Special Taxes, costs related to property owner inquiries regarding the Special Taxes, costs associated with appeals or requests for interpretation associated with the Special Taxes and the Rate and Method, costs associated with foreclosure and collection of delinquent Special Taxes and all other costs and expenses of the City and County in any way related to the establishment or administration of the CFD.

206
Exhibit B

EXHIBIT B
City of Livermore
Community Facilities District No. 2023-1
(Isabel Neighborhood Specific Plan Services)

EXISTING RATE AND METHOD

207
City of Livermore
Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) Page 1

RATE AND METHOD OF APPORTIONMENT

FOR CITY OF LIVERMORE
COMMUNITY FACILITIES DISTRICT NO. 2023-1
(ISABEL NEIGHBORHOOD SPECIFIC PLAN SERVICES)
A Special Tax, as hereinafter defined, shall be levied and collected in City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) (“CFD No. 2023-1”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below. All Taxable Property, as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meaning:
“Accessory Dwelling Unit” or “ADU” means all Assessor’s Parcels of Residential Property for which a building permit(s) has been issued for an “Accessory Dwelling Unit” as defined in California Government Code Section 65852.2(j)(1), as may be amended from time to time, which is accessory to a primary Unit. The ADU may be located on the same Assessor’s Parcel as the primary Unit that is the primary Unit or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU Unit only.
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event the Assessor’s Parcel Map or Assessor’s Data shows no Acreage, the Acreage for any Assessor’s Parcel shall be determined by the CFD Administrator based upon the applicable final map, parcel map, condominium plan, or other recorded County parcel map. If the preceding maps are not available, the Acreage of an Assessor’s Parcel may be determined utilizing GIS.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2023-1 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and of preparing the Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 2023-1. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2023-1 for any other administrative purposes, including, but not limited to, attorney’s fees.

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City of Livermore
Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) Page 2 “Annual Services Costs” means the respective amounts determined by the CFD Administrator required to fund services authorized to be funded by CFD No. 2023-1 for the applicable yearly period.
“Annual Special Tax Requirement” means that amount with respect to CFD No. 2023-1 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2023-1, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year.
“Assessor’s Data” means Assessor’s Parcel Number, Units, Building Square Feet, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel. “Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map and/or Assessor’s Data with an assigned Assessor’s Parcel Number. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessor’s Parcel by the County Assessor for purposes of identification. “Building Square Feet” or “BSF” means all of the square footage within the perimeter of a structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Building Square Feet shall be made by reference to the Assessor’s Data.

If the Assessor’s Data does not show Building Square Feet, building permit(s) issued for such structure, or other records of the City shall be used, as determined by the CFD Administrator. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes. “CFD No. 2023-1” means the City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services).
“City” means the City of Livermore.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 2023-1. “County” means the County of Alameda.
“County Assessor” means the County Assessor of the County. “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2023-1 for which a building permit for new construction was issued by the City prior to June 30 of the preceding Fiscal Year.
“Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2023-1 which are exempt from the Special Tax pursuant to Section E.

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City of Livermore
Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) Page 3 “Final Map Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2023-1 for which a Final Subdivision Map was approved by City Council prior to June 30 of the preceding Fiscal Year. "Final Subdivision Map" means a subdivision of property created by recordation of a final subdivision map, parcel map or lot line adjustment, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4120, that creates individual lots for which residential building permits may be issued without further subdivision of such property. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system.
“Maximum Special Tax” means the maximum Special Tax authorized to fund the Annual Special Tax Requirement in any Fiscal Year that may apply to Taxable Property as described in Section C. “Mixed-Use Property” means all Assessor’s Parcels of Developed Property that could be categorized as having more than one land use, allowing for multiple use types on each such Assessor’s Parcel. For an Assessor’s Parcel of Mixed-Use Property, the Special Tax shall be calculated and levied for each use type present on the Assessor’s Parcel. “Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) was issued for a non-residential use.
“Open Space Property” means property within the boundaries of CFD No. 2023-1 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space.
“Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association or non-residential owner’s association. “Property Owner’s Association Property” means any property within the boundaries of CFD No. 2023-1 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. “Proportionately” means for Taxable Property that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal for all Assessors’ Parcels of Taxable Property levied within each property land use classification within CFD No. 2023-1.
“Public Property” means any property within the boundaries of CFD No. 2023-1 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency.

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City of Livermore
Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) Page 4 “Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. “Special Tax” means the amount levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement.
“State” means the State of California.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2023- 1 at the time of its formation is within Tax Zone No. 1. Additional Tax Zones may be created when property is annexed to CFD No. 2023-1, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD No. 2023-1 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. “Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD No. 2023-1 that are not exempt from the Special Tax pursuant to law or Section E below. “Undeveloped Property” means all of the Assessor’s Parcels within the boundaries of CFD No. 2023- 1 that is not classified as Developed Property, Open Space Property, Property Owner’s Association Property, or Public Property.
“Unit” means an individual residential dwelling unit. The number of Units assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s Data, (ii) site surveys and physical unit counts, and/or (iii) other research by the CFD Administrator. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2023-1 that (a) have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code indicated in the Assessor’s Data finalized as of January 1 of the previous Fiscal Year, and (b) are exempt from the Special Tax pursuant to Section 53340(c) of the Act.

B. DETERMINATION OF TAXABLE PARCELS
Each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2023-1. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Taxable Property; (iii) the number of Units or Building Square Footage each Parcel contains; (iv) the property type, i.e., Residential Property, Non-Residential Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year.

211
City of Livermore
Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) Page 5 C. MAXIMUM ANNUAL SPECIAL TAX RATES
The Maximum Special Taxes for each Assessor’s Parcel of Taxable Property shall be assigned below:

1. Maximum Special Taxes
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone No. 1 shall be assigned according to Table 1 below:

TABLE 1

MAXIMUM SPECIAL TAX RATES
TAX ZONE NO. 1
FISCAL YEAR 2022/23*
*On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax rates for Tax Zone No. 1 shall be increased by the February annual percentage change in the Consumer Price Index for all Urban Consumers (“CPI-U”) for the San Francisco-Oakland-Hayward, CA, plus one percent (1.0%). If the percentage change in the CPI-U is negative, the Maximum Special Tax rates shall not be decreased. In the event the index described above ceases to be published, it shall be replaced by another reasonably comparable index, as determined by the City. Different Maximum Special Tax rates and tax escalation factors may be identified in Tax Zones added to CFD No. 2023-1 as a result of future annexations.

2. Mixed-Use Property
In some instances, an Assessor’s Parcel of Developed Property may be Mixed-Use Property. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for all residential Units and non-residential Building Square Feet on that Assessor’s Parcel.

3. Accessory Dwelling Units
The Maximum Special Tax for an Accessory Dwelling Unit shall be calculated as a percentage of the Maximum Special Tax for the primary Unit the ADU is accessory to, based on Building Square Footage. For example, if a primary Unit of Residential Property with 2,000 BSF has an ADU of 800 BSF, the Maximum Special Tax for the ADU in Tax Zone No. 1 shall be calculated by the following steps:

1. 800 BSF / 2,000 BSF = 0.40 or 40%

2. $434.74 Maximum Special Tax per Unit x 40% = $173.90 Maximum Special Tax for such ADU
Land Use Category
Maximum Special
Tax Rate Per
Residential Property $434.74 Unit
Non-Residential Property 0.00 BSF
Mixed-Use Property
Accessory Dwelling Unit
See below
See below

212
City of Livermore
Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) Page 6

4. Assignment of Assessor’s Parcel(s) to Property Land Use Category When an Assessor’s Parcel changes from being classified as Undeveloped Property to another land use category and is considered Developed Property, that assignment shall not change due to future changes in land use.

5. Assignment of Maximum Special Tax to Newly Created Assessor’s Parcel(s) When an Assessor’s Parcel changes or subdivides, the Maximum Special Tax shall be assigned to each newly created Assessor’s Parcel so that there is no net loss in the Maximum Special Tax revenue to be generated as a result of changes in the planned development.

When an Assessor’s Parcel changes or subdivides, and there are changes to the overall planned development for each Tax Zone within CFD No. 2023-1, the process for assigning the Maximum Special Tax to each newly created Assessor’s Parcel is as follows:

Step 1: Sum the expected Maximum Special Tax assigned to each Assessor’s Parcel that is being changed or subdivided within that Tax Zone.

Step 2: Identify the newly created Assessor’s Parcel(s) of Taxable Property created by the change or subdivision and assign the Maximum Special Tax to each newly created Assessor’s Parcel of Taxable Property according to the then-current Maximum Special Tax Rates within that Tax Zone for each Land Use Category. Sum the Maximum Special Tax assigned to each newly created Assessor’s Parcel of Taxable Property within that Tax Zone.

Step 3: Divide the total expected Maximum Special Tax in Step 1 by the total Maximum Special Tax assigned in Step 2 to arrive at a fraction for that Tax Zone.

Step 4: Apportion the total Maximum Special Tax from Step 1 to each newly created Assessor’s Parcel of Taxable Property by multiplying each newly created Assessor’s Parcel fraction, determined in Step 3, by the then-current Maximum Special Tax Rates within that Tax Zone for each Land Use Category.

Step 5: The Maximum Special Tax assigned to each newly created Assessor’s Parcel of Taxable Property shall be the greater of the Maximum Special Tax assigned in Step 2 or the Maximum Special Tax calculated in Step 4 for the Tax Zone.

When an Assessor’s Parcel changes or subdivides, and there are no changes to the planned development for each Tax Zone within CFD No. 2023-1, the Maximum Special Tax shall be assigned according to Table 1 for Tax Zone No. 1, or similar table for each successive Tax Zone.

The planned development for Tax Zone No. 1 is provided in the table below:

Land Use Category
Planned
Development
Residential Property 112 Units
Once created, if a newly created Assessor’s Parcel(s) of Taxable Property further changes or subdivides, the above steps shall be repeated to determine the Maximum Special Tax for the

213
City of Livermore
Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) Page 7 additional newly created Assessor’s Parcel(s) of Taxable Property created from the change or subdivision.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAXES
All Taxable Property shall be subject to the Special Tax defined as follows. The Special Tax shall be levied each Fiscal Year by the CFD Administrator.

The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2023-1 by the method shown below.

First: Determine the Annual Special Tax Requirement.

Second: Levy the Special Tax on each Parcel of Developed Property, Proportionately, up to the applicable Maximum Special Tax.

Under no circumstances will the Special Taxes on any Assessor’s Parcel of Developed Property be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2023-1.

E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Open Space Property, Property Owner’s Association Property, Undeveloped Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5 and 533401 of the Act.

No Special Tax shall be levied on any Assessor’s Parcel in any Fiscal Year in which such Assessor’s Parcel is classified as Welfare Exempt Property.

F. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made.

The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, then an adjustment shall be made to credit the Special Tax in future years.

214
City of Livermore
Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) Page 8 This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.

G. INTERPRETATIONS OF RATE AND METHOD OF APPORTIONMENT
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Tax. In addition, the interpretation and application of any section of this document shall be at the City’s discretion.

Interpretations may be made by the City Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Tax.

H. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2023- 1, and may collect delinquent Special Taxes through available methods.

Special Taxes shall continue to be levied and collected within CFD No. 2023-1, as needed to fund the Annual Special Tax Requirement, in perpetuity.

I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.

J. REPEAL OF SPECIAL TAX
If the levy of the Special Tax is repealed by initiative or any other action participated in by the owners of Assessor’s Parcels in CFD No. 2023-1, the City shall cease to levy the Special Tax and shall cease to be obligated to provide the authorized services for which the Special Tax was levied. The obligations to provide the authorized services previously funded by the repealed Special Tax shall become the joint obligations of the property owners of Assessor’s Parcels within CFD No. 2023-1.

215
Exhibit C

EXHIBIT C
City of Livermore
Community Facilities District No. 2023-1
(Isabel Neighborhood Specific Plan Services)
Annexation No. 5

SUPPLEMENT TO EXISTING RATE AND METHOD
SUPPLEMENT NO. 5
(TAX ZONE NO. 6)
TO

RATE AND METHOD OF APPORTIONMENT
This Supplement No. 5 (Tax Zone No. 6) to the Rate and Method of Apportionment (this “Supplement”) supplements the Rate and Method of Apportionment (the “Existing Rate and Method,” and together with the Supplement, the “Rate and Method”) for "City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services)" (the “CFD”) as it applies to the property designated as Tax Zone No. 6 (“Tax Zone 6”) that is being annexed to the CFD for the purpose of financing certain Isabel Neighborhood Specific Plan Services (each of which constitutes a "Service" as defined in "A Resolution of Formation of a Community Facilities District and Future Annexation Area " adopted as Resolution No. 2023-92 by the City Council of the City of Livermore on June 12, 2023).

This Supplement supplements the Existing Rate and Method by adding Table 6 to Section C.1. of the Existing Rate and Method that will be applicable to Tax Zone 6 only. Except as expressly set forth in this Supplement, all provisions of the Existing Rate and Method shall govern Tax Zone 6.

Capitalized terms that are used but not defined in this Supplement have the meaning given them in the Existing Rate and Method.

TABLE 6
MAXIMUM SPECIAL TAX RATES – TAX ZONE NO. 6
FISCAL YEAR 2024/25*
Property Type
Maximum Special
Tax Rate Per
Planned
Development
Residential Property $516.18 Unit 164 Units
*On July 1 of each Fiscal Year, commencing on July 1, 2025, the Maximum Special Tax rates for Tax Zone 6 shall be increased by the February annual percentage change in the Consumer Price Index for all Urban Consumers (“CPI-U”) for the San Francisco-OaklandHayward, CA, plus one percent (1.0%). If the percentage change in the CPI-U is negative, the Maximum Special Tax rates shall not be decreased. In the event the index described above ceases to be published, it shall be replaced by another reasonably comparable index, as determined by the City. Different Maximum Special Tax rates and tax escalation factors may be identified in Tax Zones added to CFD No. 2023-1 as a result of future annexations.

216
Exhibit D

EXHIBIT D
City of Livermore
Community Facilities District No. 2023-1
(Isabel Neighborhood Specific Plan Services)
Annexation No. 5
ASSESSOR’S PARCELS CONSTITUTING THE PROPERTY
Assessor’s Parcel Number(s)
903 -0014-004-00
903 -0014-005-00
903 -0014-006-00
903 -0014-007-00

217
CITY COUNCIL STAFF REPORT ITEM NO. 5.7
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing the approval of A & B Construction's request to withdraw their bid proposal and awarding a construction agreement to Marinship Development Interest LLC, in the amount of $4,493,313, for the Storm Drain Trash Capture Project SD202425.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution for the Storm Drain Trash Capture Project SD202425:

1. Authorizing approval of A & B Construction's request to withdraw their bid proposal;

2. Awarding and authorizing execution of a construction agreement with Marinship Development Interest LLC, in the amount of $4,493,313, for the Storm Drain Trash Capture Project SD202425 pursuant to Livermore Municipal Code section 2.68.580 (C);

3. Rejecting all other bids or proposals; and

4. Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution including approving minor changes to the proposed agreements.

SUMMARY
The Storm Drain Trash Capture Project SD202425 will install eight large-scale trash capture devices and 68 small trash capture devices at various locations across the City of Livermore. This project is intended to satisfy the Regional Water Quality Control Board's requirement for 100% trash capture in 2025. Six bids were received for this project on June 11, 2025. During the review of the apparent low bidder, A & B Construction requested to withdraw their bid. City staff in coordination with the City Attorney's Office ultimately determined that A & B Construction's request for withdrawal of its Bid Proposal was valid.

Therefore, City staff recommends the City Council approve withdrawal of the A & B Construction's Bid Proposal and award and authorize a construction contract with Marinship Development Interest LLC., the lowest responsive and responsible bidder.

DISCUSSION
The City of Livermore (City) is required in their Regional Water Quality Control Board Permit to meet the 218
goal of 100% trash reduction in 2025. In order to meet this requirement, eight large-scale full trash capture devices and 66 small trash capture devices need to be installed this year at the locations shown in Attachment 1. These additional trash capture devices will help the City achieve their 100% reduction goal. With this work, some sewer and water lines will need to be re-routed. Affected pavement and curbs will be returned to original condition or modified to accommodate the new devices.

Staff advertised the project on May 14, 2025. On June 11, 2025, six (6) bids for this project were received and opened. The following is a list of the bids received and the Engineer’s Estimate for the Project:

Storm Drain Trash Capture Project SD202425 Bids

CONTRACTOR CITY BID AMOUNT
A & B Construction Oakland, CA $3,131,000
Marinship Development Interest
LLC Oakland, CA $4,493,313
Ranger Pipelines Inc. San Francisco, CA $4,859,850
Myers and Sons Construction LLC Brighton, CO $5,093,320 Mountain Cascade Inc Livermore, CA $5,199,885
KJ Woods Construction Inc. South San Francisco, CA $6,138,000 Engineer's Estimate $5,200,000
A & B Construction was initially identified as the apparent low bidder. During the review of the bid package A & B Construction submitted a letter requesting to withdraw their Bid Proposal. The City acknowledged a receipt of the timely request letter from A & B Construction, Inc. dated June 13, 2025.

Upon thorough review, City staff determined that the request was valid, and therefore City staff recommends the A & B Construction, Inc. request to withdraw its Bid Proposal be approved.

Due to the withdrawal of A & B Construction, the next lowest responsible and responsive bidder was Marinship Development Interest LLC, operating out of Oakland, California. The company has worked on various public utility projects for the Port of Oakland and Caltrans. Staff has checked references for Marinship Development Interest LLC and has found them satisfactory. Therefore, City staff recommends award of the construction contract in amount of $4,493,313 to Marinship Development Interest LLC for construction of the project. In accordance with Livermore Municipal Code Section 2.68.590, a cumulative Change Order authorization of 10% of the contract value is allowed.

FISCAL AND ADMINISTRATIVE IMPACTS
The construction contract award amount is $4,493,313. Funding for this agreement, change orders, inspections, project management, and other project costs are included in the project budget for the Storm Drain Trash Capture Project SD202425 in the FY 2025-2030 Capital Improvement Plan and no additional appropriations are needed. The project is funded with CIP Reserves - Storm (Fund 101), State Grant - Storm (Fund 611), Storm Drain (Fund 612), and South Livermore Specific Plan & AD Closeout (Fund 583). This project will increase operation and maintenance costs by $12,000 annually as the devices must be serviced twice a year. O&M costs will be funded with Storm Drain (Fund 612).

COMMUNITY PILLAR
5: A City That Works
219
GOAL
14: Develop, operate, and maintain the City's infrastructure

GUIDING DOCUMENT
2025-2030 Capital Improvement Plan

ATTACHMENTS

1. Vicinity Map

2. Resolution

3. Exhibit A - Agreement
Prepared by: Jarrett Rasmussen
Associate Civil Engineer
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
220
Site Map - Storm Drain Trash Capture 202425
This map is based on City of Livermore GIS Information and reflects the most current information at the time of this printing. The map is intended for reference purposes only and the City and its staff is not responsible for errors or omissions. 48,843 Livermore IT, GIS Services
8,140.5
1: NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 0 8,140.5 Feet Notes 4,070.27
221
1 RESOLUTION NO. _______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE APPROVAL OF A & B
CONSTRUCTION’S REQUEST TO WITHDRAW THEIR BID PROPOSAL

AND AWARDING A CONSTRUCTION AGREEMENT TO MARINSHIP
DEVELOPMENT INTEREST LLC, IN THE AMOUNT OF $4,493,313,
FOR THE STORM DRAIN TRASH CAPTURE PROJECT SD202425
The City of Livermore advertised and received bid proposals for the construction of the Storm Drain Trash Capture Project SD202425. A & B Construction, the apparent lowest bidder, requested to withdraw their Bid Proposal.

Marinship Development Interest LLC, submitted the next lowest responsible and responsive Bid Proposal in the amount of $4,493,313 that is acceptable to the City of Livermore. City staff recommends the City Council accept this bid and award a contract to Marinship Development Interest LLC, for the construction of Storm Drain Trash Capture Project SD202425.

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

1. Authorizes approval of A & B Construction’s request to withdraw their bid proposal;

2. Awards and authorizes execution of a construction agreement with Marinship Development Interest LLC, attached hereto as Exhibit A, and incorporated by this reference, in the amount of $4,493,313, for construction of the Storm Drain Trash Capture Project SD202425 pursuant to Livermore Municipal Code section 2.68.580 (C);

3. Rejects all other bids or proposals; and

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

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

AYES:

NOES:

ABSENT:

ABSTAIN:
222
2 RESOLUTION NO. _______
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/Tara Mazzanti__________________ Deborah L. Elam Tara Mazzanti
City Clerk Senior Assistant City Attorney
Exhibit A - Construction Agreement with Marinship Development Interest LLC 223

EXHIBIT A

224

EXHIBIT A

225

EXHIBIT A

226

EXHIBIT A

227

EXHIBIT A

228
CITY COUNCIL STAFF REPORT ITEM NO. 5.8
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing the following actions for the Springtown Community Park and Disc Golf Course Project PB202319: Reject the Bid Proposal from apparent lowest bidder, Schreder & Brandt Mfg. Inc., finding the bid to be incomplete and non-responsive and To award a construction agreement to GradeTech Inc. in the amount of $6,208,025 and reject all other Bid Proposals.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the following actions for the Springtown Community Park and Disc Golf Course Project PB202319:

1.Reject the Bid Proposal from Schreder & Brandt Mfg. Inc. finding their bid to be incomplete and nonresponsive;

2.1. Award and authorize execution of a construction agreement with GradeTech Inc. in the amount $6,208,025 for the project pursuant to Livermore Municipal Code Section 2.68.570 C;

3. 2. Reject all other Bid Proposals; and

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

SUMMARY
The Springtown Community Park and Disc Golf Course Project PB20319 consists of constructing a new

6.8-acre community park and an 18-hole disc golf course on the City-owned 85-acre Springtown Open Space in northeast Livermore. Attachment 1 shows the project location and Attachments 2 and 3 show the layout of the park and disc golf course. Park amenities include playgrounds for various ages, multigenerational plaza, picnic area, central shade structure with electrical outlets, multipurpose field & lawn area, community garden with 30 plots, public restroom facility, and a temporary parking lot. The new Springtown Community Park will provide pedestrian and bicyclist access to the first and last hole of the new 18-hole disc golf course. The disc golf will loop around the Springtown Open Space.

On June 19, 2025, eight (8) bids were received for this project. A timely bid protest was received from GradeTech Inc., the second lowest bidder, claiming that the bid proposal from Schreder & Brandt Mfg. 229
Inc. was non-responsive. After detailed review by staff in coordination with the City Attorney's Office, City staff ultimately determined that Schreder & Brandt Mfg. Inc.’s bid proposal is non-responsive. Staff recommends the City Council reject Schreder & Brandt Mfg. Inc.’s bid and authorize a construction contract with GradeTech Inc., the most responsive bidder. Section 2.68.580 of the Livermore Municipal Code requires that the award of contracts subject to formal bidding be awarded to the lowest, responsive, and responsible bidder. The bid submitted by GradeTech Inc. meets this requirement.

DISCUSSION
Since the Springtown Golf Course closed, the former golf course has provided predominantly unimproved public open space. Public outreach and studies have been conducted with input from the City, Livermore Area Parks and Recreation District (LARPD), and the public to identify potential open space improvements. Community engagement began in 2016 and included four community workshops that resulted in the conceptual plan for the Springtown Open Space area by 2017. On April 26, 2023, and June 25, 2024, the City hosted community meetings to develop and secure approval of the conceptual plan. This project will implement some of the high priority improvements and revitalize the open space.

Preliminary project plans were presented to the LARPD Board of Directors on May 29, 2024. The LARPD Board of Directors unanimously supported the project. City Staff developed the final design plans for the park in coordination with LARPD staff. City staff will continue to work with LARPD regarding the maintenance and programming responsibilities for the new park and disc golf. The current plan is for LARPD to maintain the park and for the City to continue to maintain the remainder of the open space and the new disc golf course. The City will continue to own the open space property.

On December 3, 2024, the Planning Commission approved the project and the environmental document.

The Planning Commission moved to approve a resolution adopting the Initial Study Mitigated Negative Declaration and the Site Plan Design Review with an amendment to remove the pickle ball courts at Marlin Pound Park due to incompatibility with the surrounding residential neighborhood. The Planning Commission also requested traffic calming measures along Bluebell Drive which have been implemented in the final design.

The new 6.8-acre park will be located at the southern end of the Springtown Open Space along Bluebell Drive between the Springtown Library and Homeowners Association facilities. The community park is designed to meet the needs of the changing community and will incorporate elements for all ages and abilities. The park is designed to include a variety of improvements that are consistent with the design goals of the Springtown Open Space Concept Plan. It will enhance connectivity to public amenities such as the disc golf course and the existing outdoor space network. A native plant and community garden area with 30 plots enclosed by a fence incorporating planter boxes, a storage shed structure, and hose bibbs for watering will be located north of the library. An all-ages playground, a tot lot, and space for teens and multigenerational games will also be included. Adjacent to the playground is a community picnic area with shaded structures and a multi-purpose lawn. Native planting areas will separate Bluebell Drive’s busy street and the existing sculpture and recent improvements. The existing meandering gravel path along Bluebell Drive will be protected and formalized.

The park will have over 1,000 linear feet of trails that will provide pedestrian and bicyclist accessibility as well as fitness opportunities. The various paving materials will define the wedge-shaped spaces of the park, which are separated by ADA-compliant concrete paths. Multiple secondary paths will create a comfortable pedestrian environment for the public. Pathways will include tree planting, benches, and 230
small shade structures for resting at regular walking distance intervals within the park. To further enhance circulation and provide habitat for birds and pollinators, as well as shade for humans, various species of native and adaptive trees were selected to line the paths and add shade in the picnic area.

Some planting areas were designed for stormwater management and will use drought-tolerant native and adaptive plants, with consideration for pollinators to enhance productivity in the community garden.

A restroom facility with two unisex stalls and a drinking fountain will be located next to the parking lot.

A temporary parking lot with 20 spaces will be located south of the community garden. A wide buffer of trees and native planting will be installed next to the parking lot to buffer eastern residents. The approximately 12,700 square foot temporary parking lot will utilize the driveway and curb cut at the existing library parking lot and will be removed in the future to accommodate the future planned Springtown Community Center and new library facility. Safe and accessible routes were added to connect the existing library with the new park, playground, and multigeneration plaza. At the street entrance for the community park, pedestrian bulb-outs and rapid flashing beacons will be installed on each side of Bluebell Drive and the existing bus stop will be relocated for improved pedestrian safety.

Pedestrian and bicyclist access will be provided to the first and last hole of the new 18-hole disc golf course. The disc golf will loop around the Springtown Open Space. Two tee pads will be provided at each hole to accommodate beginners and experienced players. Benches will be provided at each hole and additional shade structures will be installed along the course. Pedestrian safety upgrades will be constructed at street crossings that connect the open space along Bluebell Drive, Heather Lane, and Lilac Avenue. The pedestrian safety street crossing improvements include four at-grade striped crosswalks, eight new ADA-compliant ramps and crossings, and two solar-powered rapid flashing beacons. These improvements will help reduce vehicle speeds on Bluebell Drive and improve pedestrian safety.

On June 19, 2025, bids for this project were received and opened with eight (8) general contractors submitting bids. Schreder & Brandt Mfg. Inc. was the apparent lowest bidder at the time that the bids were received; however, after detailed review by City staff in coordination with the City Attorney's Office, City staff determined that their bid was not responsive. The second lowest bid was received from GradeTech Inc. The City acknowledged the receipt of a timely protest letter from GradeTech Inc. dated June 23, 2025, and an untimely letter protest response from Schreder & Brandt Mfg. Inc. dated June 27, 2025, after the June 26, 2025 deadline. City staff conducted a detailed review of the individual bid proposals and bid protest letters. As a result of this review, City staff deemed Schreder & Brandt Mfg.

Inc.’s bid proposal to be non-responsive based on the following reasons:

1. Section 16 Bid Proposal Forms and Enclosures of Notice Inviting Bids, Page No.9, of the Contract Documents require submittal of a complete Subcontractor List with their Bid Proposal. Schreder & Brandt Mfg. Inc. submitted an incomplete and untimely Subcontractor List with the Bid Proposal that did not contain the individual subcontractor percentages of work, and did not make or submit corrections within 24 hours of bid opening of June 19, 2025, as required by the Public Contract Code in section 4104 (a)(3)(A)-(B).

2. Section 5 Bidder Information of the Instructions to Bidders, Page No. 6-7, of the Contract Documents require a Bidder to submit a Bid Proposal signed by two corporate officers in accordance with Corporation Code Section 313. Schreder & Brandt Mfg. Inc. submitted a Bid Proposal with one signature.

3. Section 22.4 Response to Protest Information of the Instructions to Bidders, Page No. 11, of the Contract Documents allows the protested bidder three working days to submit a written response 231
after the bid protest with a deadline of June 26, 2025. Schreder & Brandt Mfg. Inc. submitted their protest response letter on June 27, 2025, after established deadline.

The City has determined that these errors cannot be waived as inconsequential errors and that Schreder & Brandt Mfg. Inc.’s bid proposal is not the most responsive bid compared to other bidders’ submissions.

Staff recommends the City Council reject the Schreder & Brandt Mfg. Inc. bid and authorize a construction contract with GradeTech Inc., the most responsive bidder. GradeTech is located in Livermore and has completed a number of City projects in a satisfactory manner. Satisfactory references were obtained from other public agencies where Gradetech Inc. has completed similar work such as the Brickyard Phase II park for East Bay Regional Park District, the Frontage Road Living Green Trail for the City of Pittsburg, and San Pablo Avenue Pedestrian Improvements for the City of Albany.

The table below lists the base bids received from the project and the Engineer's Estimate.

Springtown Community Park and Disc-Golf Course Bid Summary Contractor Name City Base Bid Amount
Schreder & Brandt MFG Inc.
(Non-responsive)
Chico $5,386,952
GradeTech Inc. Livermore $5,674,359
McGuire & Hester Oakland $5,803,017
Interstate Grading & Paving South San Francisco $5,912,873 Galeb Paving Saratoga $6,176,254
Suarez & Munoz Hayward $6,236,303
Bothman Construction Santa Clara $6,294,964
S&H Construction Fremont $6,998,600
Engineer's Estimate $6,812,000
Staff recommends adding the two bid alternatives to the contract. The bid alternatives include paving the temporary parking lot and installing secondary beginner disc golf tee pads. GradeTech Inc. submitted a base bid amount of $5,674,359 with the bid alternate work totaling $533,666. The total amount of the base bid and bid alternatives, $6,208,025, is under the engineer's estimate. The current budget covers this contact award of $6,208,025.

In accordance with LMC Section 2.68.590, change order authorization of 10% of the total contract value is allowed.

The Springtown Community Park is anticipated to take approximately one year to build with construction starting by September of 2025 and ending in fall of 2026. The Springtown Disc-Golf Course will be built in 2025 and opened around middle of 2026 once the community park is substantially completed.

FISCAL AND ADMINISTRATIVE IMPACTS
The budget for Springtown Community Park and Disc-Golf Course Project No. PB202319 in the 2025- 2030 Capital Improvement Plan covers the cost of this construction agreement and all other project costs including design, permits, change orders, construction inspection and management, materials testing, equipment purchases, and project management. No additional appropriations are required. The project is funded with Park Fees (Fund 510) and Measure BB- Bike and Pedestrian (Fund 551) funds for the roadway crossing improvements.
232

COMMUNITY PILLAR
4: Inclusive & Inviting Spaces & Places
GOAL
1: Further enhance Livermore's unique sense of place

ATTACHMENTS

1. Project Location

2. Site Plan Community Park

3. Site Plan Disc Golf Course

4. Resolution

5. Exhibit A - Agreement
Prepared by: Roberto Escobar
Senior Civil Engineer
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
233
234
235
236
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO
GRADETECH INC. IN THE AMOUNT OF $6,208,025 FOR THE

SPRINGTOWN COMMUNITY PARK AND DISC GOLF COURSE
PROJECT PB202319
The City of Livermore advertised and received Bid Proposals for the construction of the Springtown Community Park and Disc-Golf Course Project No. PB202319.

GradeTech Inc. submitted the lowest responsible and responsive Bid Proposal in the amount of $5,674,359 with bid alternate work amounting to $533,666, resulting in a total construction contract amount of $6,208,025, which is acceptable to the City of Livermore.

The Springtown Community Park and Disc Golf Course Project PB20319, consists of constructing a new 6.8-acre community park and an 18-hole disc golf course on the city-owned 85-acre Springtown Open Space in northeast Livermore.

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

1. Awards a contract to Grade Tech Inc., and authorizes the City Manager to execute the contract with GradeTech Inc., a copy of which is attached as Exhibit A and is incorporated by this reference, in the amount of $6,208,025.

2. Rejects all other Bid Proposals; and

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

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 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 Senior Assistant City Attorney
Exhibit A – Contract with GradeTech Inc.
237
EXHIBIT A 238
EXHIBIT A 239
EXHIBIT A 240
EXHIBIT A 241
EXHIBIT A 242
CITY COUNCIL STAFF REPORT ITEM NO. 5.9
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing execution of Amendment No. 1 to the Freeway Maintenance Agreement between the City of Livermore and the State of California acting by and through the Department of Transportation that requires the City to maintain the trash capture device to be installed within Caltrans right-of-way as part of 2024 Storm Drain Trash Capture Project SD202425.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute Amendment No. 1 to the Freeway Maintenance Agreement with Caltrans that requires the City to maintain the trash capture device to be installed within Caltrans right-of-way as part of 2024 Storm Drain Trash Capture Project SD202425.

SUMMARY
The 2024 Storm Drain Trash Capture Project SD202425 involves the installation of eight large-scale trash capture devices at various locations across the City of Livermore (City). The device on Southfront Lane will treat significant portions of Caltrans' runoff and qualifies for Caltrans reimbursements.

Attachment 1 shows the location of the device in the Caltrans right-of-way. This amendment to the Freeway Maintenance Agreement with Caltrans assigns the City of Livermore responsibility for maintaining infrastructure installed within the Caltrans right-of-way. This amendment also allows for the City to install the device and receive reimbursements from Caltrans totaling $1,480,000 per a Cooperative Implementation Agreement between the City and Caltrans executed on May 22, 2024.

DISCUSSION
On May 22, 2024, the City entered into a Cooperative Implementation Agreement with Caltrans to install two trash capture devices with the Storm Drain Trash Capture project SD202425 to capture and treat both City and Caltrans storm water runoff. This agreement was approved by Council on May 13, 2024.

With this agreement, Caltrans will be able to receive credits for the runoff treated by two of the City's devices and will reimburse the City for the cost to construct these devices. One of the devices is located within Caltrans right-of-way on Southfront Lane.
243
To allow installation of this device at the proposed location within Caltrans’ right-of-way, Caltrans requires an amendment to the Freeway Maintenance Agreement between the City and Caltrans, which clarifies that the City is responsible for maintaining the trash capture device. The original Freeway Maintenance Agreement was executed on December 6, 2003. This is the first amendment to that agreement.

The construction contract for the 2024 Storm Drain Trash Capture Project SD202425 is scheduled to be awarded at City Council on July 28, 2025 and will begin construction in early August.

FISCAL AND ADMINISTRATIVE IMPACTS
The operation and maintenance costs associated with this device is estimated to be about $2,000 per year, funded with Storm Drain Fund (Fund 612). The cost of the construction of the device will be reimbursed by Caltrans with the Cooperative Implementation Agreement. The total reimbursement amount from Caltrans totals $1,480,000.

COMMUNITY PILLAR
5: A City That Works
GOAL
14: Develop, operate, and maintain the City's infrastructure

ATTACHMENTS

1. Vicinity Map

2. Resolution

3. Exhibit A - Amendment No. 1 to the Freeway Maintenance Agreement Prepared by: Jarrett Rasmussen
Associate Civil Engineer
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
244
Vicinity Map - Trash Capture Device Southfront Lane
This map is based on City of Livermore GIS Information and reflects the most current information at the time of this printing. The map is intended for reference purposes only and the City and its staff is not responsible for errors or omissions. 2,000 Livermore IT, GIS Services
333.3
1: NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 0 333.3 Feet Notes 166.67
245
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1

TO THE FREEWAY MAINTENANCE AGREEMENT BETWEEN THE

CITY OF LIVERMORE AND THE STATE OF CALIFORNIA ACTING BY

AND THROUGH THE DEPARTMENT OF TRANSPORTATION THAT

REQUIRES THE CITY TO MAINTAIN THE TRASH CAPTURE DEVICE

TO BE INSTALLED WITHIN CALTRANS RIGHT-OF-WAY
(2024 Storm Drain Trash Capture Project SD202425)
The 2024 Storm Drain Trash Capture Project SD202425 involves the installation of eight large-scale trash capture devices at various locations across the City of Livermore (“City”). These trash capture devices will help the City meet the trash reduction requirement in the City's Municipal Regional Stormwater Permit administered by the California Regional Water Quality Control Board.

One of the devices being installed is located within Caltrans’ right-of-way.

Caltrans agreed to fund the construction of this device in a previous agreement and the City would own, operate, and maintain the device for the duration of its service. This amendment to the Freeway Maintenance Agreement assigns the maintenance responsibility of this device to the City and allows the device to be installed in Caltrans’ right-of-way.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager to execute Amendment No.1 to the Freeway Maintenance Agreement with Caltrans, attached hereto as Exhibit A, that defines the terms for the City to maintain and operate the device being installed within Caltrans right-of-way as part of 2024 Storm Drain Trash Capture Project SD202425.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 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 Senior Assistant City Attorney
246
2 RESOLUTION NO. ________
Exhibit A- Amendment No.1 to the Freeway Maintenance Agreement 247
Ala 580 PM 10.745
1 AMENDMENT NO. 1
TO

FREEWAY MAINTENANCE AGREEMENT

IN THE CITY OF LIVERMORE
This Amendment No. 1 to the Freeway Maintenance Agreement in the City of Livermore is made and entered into by and between State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE”, and City of Livermore, hereinafter referred to as “CITY” and collectively referred to as “PARTIES”.

WITNESSETH:

WHEREAS, a Freeway Maintenance Agreement in the City of Livermore”, hereinafter referred to as “AGREEMENT”, was executed by CITY on December 6, 2003, and
WHEREAS, AGREEMENT by its terms provides that it may be amended or terminated at any time upon mutual consent of PARTIES; and WHEREAS, , Encroachment Permit No. 0425-6US-0514 was issued to CITY to construct a permanent trash capture device off State Route (SR)580 at First Street and Southfront Ln intersection in the City of Livermore hereinafter referred to as “PROJECT”, and
WHEREAS, the PARTIES mutually desire to identify the maintenance responsibilities of CITY for PROJECT within STATE's right of way by Encroachment Permit No.0425-6US-0514; and
WHEREAS, PARTIES hereto now desire that AGREEMENT be amended as provided herein.

NOW, THEREFORE, THE PARTIES AGREE TO AMEND AGREEMENT AS FOLLOWS:

1. A new Article 7 is hereby added and made part of the AGREEMENT to read as follows:
"7. TRASH CAPTURE DEVICE - CITY, at CITY's expense will own, operate and maintain this device in its entirety.

7.1 CITY shall maintain, and provide for inspection and review upon request, documentation of the design, operation, and EXHIBIT A Page 1 of 5
248
Ala 580 PM 10.745
2 maintenance of each full trash capture system. Inspection, operation, and maintenance of each trash capture system shall follow documentation guidance as prepared by the
manufacturer. CITY shall coordinate with and follow the guidance from Alameda County Mosquito Abatement District and/or
Alameda County Vector Control services District prior to construction and then throughout maintenance, as necessary.

7.2 CITY shall inspect and maintain full trash capture devices to ensure that they are operating appropriately and have sufficient operating capacity to capture trash. The inspection and maintenance of each full capture device shall be at a frequency sufficient to prevent plugging, flooding, or a full condition of the device's trash reservoir causing bypassing of trash.

7.3 CITY shall retain device-specific maintenance records, including, at a minimum: device type, date of installation, location, drainage area, date(s) of inspection and maintenance, the capacity condition of the device at the time of inspection and maintenance (full and overflowing or with storage capacity remaining), any special problems such as flooding, screen blinding or plugging from leaves, plastic bags, or other debris causing overflow, any damage reducing function, or other negative conditions. "

2. Exhibit A of AGREEMENT is hereby modified so that the attached pages labeled “Sheet A1 of Exhibit A and Sheet A2 of Exhibit A” shall be added to the end of the Exhibit A in AGREEMENT and shall become a part of AGREEMENT for all purposes.

3. AMENDMENT No. 1 is hereby deemed to be included and made a part of AGREEMENT.

TERM OF AGREEMENT AMENDMENT - This Amendment shall become effective on the date as shown below and shall remain in full force and effect until amended or terminated at any time upon mutual consent of PARTIES or until terminated by STATE for cause.

PARTIES are empowered by Streets and Highways Code section 114 and 130 to enter into this Amendment and have delegated to the undersigned the authority to execute this Amendment on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Amendment.

EXHIBIT A Page 2 of 5
249
Ala 580 PM 10.745
3 IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written.

CITY OF LIVERMORE STATE OF CALIFORNIA DEPARTMENT

OF TRANSPORTATION
By
_________________________________
LEAH BUDU Date
Deputy District Director
Maintenance District 4
_____________________________
By: Marianna A. Burch
City Manager
ATTEST:
_____________________________
City Clerk
_____________________________
Deputy/Assistant/Senior Assistant/
City Attorney
EXHIBIT A Page 3 of 5
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EXHIBIT A Page 4 of 5
251
EXHIBIT A Page 5 of 5
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CITY COUNCIL STAFF REPORT ITEM NO. 5.10
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Carl Brown, Public Works Director
SUBJECT: Resolution certifying the City of Livermore's updated Sewer System Management Plan.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution certifying the City of Livermore's updated Sewer System Management Plan.

SUMMARY
The State Water Resources Control Board (SWRCB) Order WQ 2022-0103-DWQ ("Order"), statewide general waste discharge requirements for sanitary sewer systems, mandates public agencies owning and/or operating sanitary sewer systems to develop and implement a Sewer System Management Plan (SSMP) that must be updated and certified every six years. The final step to comply with the Order is formal certification of the updated SSMP by the City Council.

DISCUSSION
To proactively provide a consistent regulatory approach to the management of California's aging sanitary sewer infrastructure and minimize sanitary sewer overflows, the SWRCB adopted Order No. 2006-003, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems in May 2006. A revised General Order WQ 2022-0103-DWQ ("Order") was adopted by the SWRCB in December 2022. The updated order requires all public agencies owning and/or operating sanitary sewer systems to 1) electronically report all sanitary sewer overflows to the State; 2) develop and implement an updated Sewer System Management Plan; and 3) update and recertify the Sewer System Management Plan every six years.

The SSMP is a written document that describes the activities an agency undertakes to effectively manage its wastewater collection system. The Order requires that each agency address 11 separate elements in the SSMP, including but not limited to a system overview, spill emergency response plan, fats, oil and grease (FOG) control plan, operations and maintenance plan, and capacity management.

The City's SSMP has been updated to include operational changes that affect the SSMP elements.

Successes and needed improvements of the SSMP will be reviewed as part of the SSMP audits using 253
information from the performance driven indicators and staff input. Before staff can submit the City's updated SSMP to the SWRCB, the Order requires the updated SSMP to be certified by the City Council.

While there are many changes to the SSMP from the previous version, sewer operations have not been significantly impacted. Staff already performs many important proactive maintenance activities to minimize the incidence of sewer spills including repetitive cleaning of the entire system, additional cleaning of hot spots, periodic video inspections of sewer mains, ongoing lower lateral inspection and cleaning, and the use of asset management practices to evaluate risks and adjust maintenance practices.

FISCAL AND ADMINISTRATIVE IMPACTS
Funding for SSMP activities is included in the adopted FY 2025-26 operating budget in the Wastewater Enterprise Fund (Fund 620). Staff does not anticipate any administrative impacts or impacts to any other Fund resulting from the recommended action.

COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
11: Operate and maintain municipal water system that provide safe, efficient delivery of potable and recycled water, collect and treat wastewater, and comply with all federal, state, and local regulations

ATTACHMENTS

1. Resolution

2. Exhibit A - Proposed Sewer System Management Plan
Prepared by: Laura Mayate-DeAndreis
Management Analyst II
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
254
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION CERTIFYING THE CITY OF LIVERMORE’S UPDATED

SEWER SYSTEM MANAGEMENT PLAN
On December 6, 2022, the State of California Water Resources Control Board adopted Order Number WQ 2022-0103-DWQ requiring that all public agencies that own and/or operate sanitary sewer systems to develop and implement an updated Sewer System Management Plan and have such Plan recertified every 6 years.

Order Number WQ 2022-0103-DWQ requires that the Sewer System Management Plan address 11 specific elements. The Plan must be audited at least every 3 years and updated every 6 years, according to the Water Board’s regulatory schedule. The Plan must be approved and certified by the City Council at a public meeting every 6 years to be considered complete.

Staff has created an updated Sewer System Management Plan that adequately addresses all of the elements required by State of California Water Resources Control Board Order WQ 2022-0103-DWQ. This updated Sewer System Management Plan is attached to this resolution as Exhibit A.

Upon certification by the City Council, staff will upload the plan to the California Integrated Water Quality System (CIWQS) Sanitary Sewer System database.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that the City Council of the City of Livermore certifies the 2025 Livermore Sewer System Management Plan attached hereto as Exhibit A.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 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 Senior Assistant City Attorney
Exhibit A – Sewer System Management Plan
255

SEWER SYSTEM

MANAGEMENT PLAN
Updated
June 30, 2025

EXHIBIT A
256
i
June 30, 2025

CONTENTS
............................................................................................................................................................................ i Introduction ...................................................................................................................................................... 1 System Overview ............................................................................................................................................. 3 Figure A City of Livermore Wastewater Service Area Map .................................................................... 3 Assets Owned and Managed....................................................................................................................... 4 Table A Collection System Pipe Inventory ............................................................................................ 4 Table B Collection System Pipe Inventory by Pipe Size ....................................................................... 5 Table C Collection System Pipe Inventory ............................................................................................ 5 Figure B Diagram delineating City and Property Owner responsibility................................................... 6 Asset Installation Profile.............................................................................................................................. 7 Figure C Collection System Installation Profile....................................................................................... 8 Asset Consumption Profile ......................................................................................................................... 8 Figure D Collection System Asset Consumption Profile......................................................................... 9 Element 1 – Goals And Introduction............................................................................................................ 10 Table 1.1 City Staff Responsible for SSMP ........................................................................................... 11 Table 1.2 SSMP Schedule..................................................................................................................... 12 Element 2 – Organization .............................................................................................................................. 13 Figure 2.1 Organizational Chart.......................................................................................................... 15 Table 2.1 Legally Responsible Officials and Data Submitter................................................................. 16 Element 3 – Legal Authority.......................................................................................................................... 17 Table 3.1 Relevant Legal Authority........................................................................................................ 17 Element 4 – Operation and Maintenance Program..................................................................................... 18 Collection System Maps ............................................................................................................................ 19 Prioritized Preventative Maintenance....................................................................................................... 19 Figure 4.1 Nine Big Basins ................................................................................................................. 21 Figure 4.2 78 Sub-Basins ................................................................................................................... 22 Figure 4.3 Hot Spots ........................................................................................................................... 23 Scheduled Inspections and Condition Assessment............................................................................... 24 Contingency Equipment and Replacement Inventories......................................................................... 24 Table 4.1 Collection System Equipment ................................................................................................ 25 Training........................................................................................................................................................ 25 Element 5 – Design and Performance Provisions ...................................................................................... 27 Standards for Installation, Rehabilitation and Repair ............................................................................ 27 Inspection and Testing of New and Rehabilitated Facilities.................................................................. 27

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Element 6 – Spill Emergency Response Plan ............................................................................................. 28 Element 7 – Sewer Pipe Blockage Control Program .................................................................................. 47 FATS, OILS, AND GREASE PROGRAM:................................................................................................... 47 ROOT CONTRAL PROGRAM..................................................................................................................... 49 Figure 7.1 Root Foaming (2019-2025) ............................................................................................... 50 OUTREACH ................................................................................................................................................. 51 Element 8 – System Evaluation, Capacity Assurance, Capital Improvements........................................ 52 SYSTEM EVALUATION AND CONDITION ASSESSMENT ...................................................................... 53 CAPACITY ASSESSMENT AND DESIGN CRITERIA ............................................................................... 53 PRIORITIZATION OF CORRECTIVE ACTIONS......................................................................................... 53 CAPITAL IMPROVEMENT PLAN ............................................................................................................... 54 Table 8.1 Projects in Current CIP Program ........................................................................................... 54 Element 9 – Monitoring, Measurement, and Program Modifications ....................................................... 55 Figure 9.1 Total Spills: 2019-2024...................................................................................................... 56 Element 10 – Internal Audits......................................................................................................................... 57 Element 11 – Communication Program....................................................................................................... 58 Appendix A – Audit Results.......................................................................................................................... 59

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INTRODUCTION
In 2004, the San Francisco Regional Water Quality Control Board indicated its intent to implement new regulations to uniformly monitor sanitary sewer overflows. Also envisioned at the time was some type of collection system planning document which all agencies would be required to produce and abide by. The Bay Area Clean Water Agencies (BACWA), with a broad base of collection system management experience, elected to work collectively with the Regional Water Board to develop an approach which would meet the goals of reducing and preventing sewer system overflows while retaining a common-sense approach to the practicalities of managing collection systems. City of Livermore staff actively participated in the BACWA Collection System Committee that worked with the Regional Water Board on developing core details of the plan. The City of Livermore prepared its first Sewer System Management Plan in compliance with requirements outlined by the RWQCB in its July 2005 Sewer System Management Plan Development Guide.

The State Water Resources Control Board (SWRCB or State Water Board) subsequently issued statewide waste discharge requirements for sanitary sewer systems which included requirements for the development of a Sewer System Management Plan (SSMP). The State Water Board requirements are outlined in Order No. 2006-0003-DWQ, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (SSS-WDR) dated May 2, 2006. Order No. WQ-2008-0002-EXEC, dated February 20, 2008, was adopted to address notification deficiencies discovered early during implementation of the SSS-WDR. Following more than six years of SSS-WDR implementation, the State Water Board directed its staff to review and prepare an amended Monitoring and Reporting Program. City of Livermore staff participated on the BACWA Collection System Committee that worked with the State Water Board during the review process. The revised MRP, Order 2013-0058-EXEC, went into effect on September 9, 2013. The 2006 SSS-WDR was rescinded in 2022 when the reissued version was adopted. The “Reissued WDR” (Order No. 2022-0103-DWQ) was adopted on December 6, 2022, and became effective on June 5, 2023. The Reissued WDR updates many aspects of the 16-year-old Order and includes several new requirements for Sewer System management Plans. The Reissued WDR requires public, private, or other non-governmental entities approved for regulatory coverage by the State Water Board to develop a Sewer System Management Plan. Sewer System Management Plans, at a minimum, must be audited at least every three (3) years and updated every six (6) years, according to the Water Board’s regulatory schedule. The Sewer System Management Plan must be approved and adopted by a local governing board at a public meeting. The Reissued WDR requires the Sewer System Management Plan must be uploaded to the California Integrated Water Quality System (CIWQS) Sanitary Sewer System database and certified by the agency Legally Responsible Official.

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This SSMP includes information on each element required by the State Water Board and is organized to follow the State Water Board’s outline. The SSMP requirements are included verbatim from the Reissued WDR at the beginning of each element.

The San Francisco Bay Regional Water Quality Control Board issued Waste Discharge Requirements to the City of Livermore for the Livermore Water Reclamation Plant (Order No. R2-2012-0006 NPDES No. CA 0038008). Provision VI.C.4.c states that the Discharger’s collection system is part of the facility that is subject to the NPDES permit. It further states that implementation of State Water Board Order No. 2022-0103-DWQ requirements will satisfy NPDES permit requirements. Information in this SSMP demonstrates the City’s implementation of the State Water Board Order.

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SYSTEM OVERVIEW
All of the sewage generated in the City of Livermore is collected for treatment at the Livermore Water Reclamation Plant operated and maintained by the City’s Water Resources Division. The treated wastewater that is not recycled is sent through the Livermore Amador Valley Water Management Agency (LAVWMA) pipeline and the East Bay Discharger’s Authority (EBDA) system for disposal in the San Francisco Bay. Division staff also maintains the storm water and sanitary sewer systems. The Division administers a number of mandated regulatory requirements, including industrial pretreatment, pollution prevention and storm water programs. Figure A highlights the City’s wastewater service area. The City of Livermore has four lift stations with pump horsepower ratings ranging from 8 horsepower (HP) to 44 HP. All lift stations have redundant pumps, and two have onsite backup power generators. In the event of redundant pump failure, hoses, pumps and pump-around bypass solutions are on hand and have been pre-planned and tested in training exercises.

FIGURE A CITY OF LIVERMORE WASTEWATER SERVICE AREA MAP

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ASSETS OWNED AND MANAGED
The following provides a snapshot of the current state of the collection system assets. It documents what assets are owned and managed, how old they are, what condition they are in, and their estimated replacement cost.

The collection system is categorized into the following asset types: pipes, force mains, laterals, cleanouts, and manholes. Assets not owned by the City or no longer in service are excluded. The collection system pipe inventory is summarized in Table A.

WRD owns and manages 305 miles of collection pipe. While there are multiple pipe materials and lining types, the two dominant pipe materials are vitrified clay pipe (VCP) and polyvinyl chloride (PVC) pipe, which represent 93% of the collection system. About 1% of the system length is missing the material type; these pipes are in a separate category (no material was assumed) and as the pipe material is verified in the field, records will be updated.

TABLE A COLLECTION SYSTEM PIPE INVENTORY
Table B breaks down the collection system pipe inventory further by pipe size. The dominant pipe size is 8 inches, representing 75% of the total length of the pipe. This is followed by the pipe sizes of 10, 6, and 12 inches. These four sizes represent 90% of the collection system.

Only about 5% of the total pipe length (roughly 14 miles) is 24 inches or greater in size.

Pipe Material Segments Pipe Length (ft) Length (mi) Portion of total length ABS 11 1,663 0.31 <1%
AC 35 12,162 2.30 1%
DIP 54 8,812 1.67 1%
Field Check 15 3,005 0.57 <1%
HDPE 16 2,523 0.48 <1%
PVC 3660 657,659 124.56 41%
RCP 109 37,619 7.12 2%
RPM 78 17,416 3.30 1%
TRUSS 115 29,310 5.55 2%
VCP 3448 841,473 159.37 52%
Grand Total 7541 1611642.69 305.24

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TABLE B COLLECTION SYSTEM PIPE INVENTORY BY PIPE SIZE
The City’s collection system assets are not just limited to pipes. Also included are manholes, cleanouts, laterals, and force mains. Table C presents these additional asset types with respect to count and, where applicable, length.

TABLE C COLLECTION SYSTEM PIPE INVENTORY
According to records, the City owns and maintains 6,746 manholes, 421 cleanouts, and about 44.5 miles of laterals and 2.86 miles of force mains. It is estimated that the current lateral inventory shown in Table C represents 90% of the true length; moving forward, further work by staff will account for the rest of the lateral information.

Pipe Material
Diameter (in) ABS AC DIP Field Check HDPE PVC RCP RPM TRUSS VCP Total Length(ft) Total Length(mi) 4 84 180 953 203 1,420 0.3
6 154 949 7,101 2,652 51,374 62,230 11.8
8 1,409 960 4,751 1,538 558,701 15,968 26,537 606,661 1,216,526 230.4 10 11,118 1,356 42,788 49,567 104,829 19.9
12 1,350 1,467 443 17,050 1,448 52,790 74,548 14.1
15 6,024 16,904 22,928 4.3
18 1,022 1,131 7,617 87 121 33,056 43,034 8.2
21 1,384 10,618 12,002 2.3
24 9,672 832 11,875 22,379 4.2
27 2,908 736 5,202 8,846 1.7
30 69 12,972 745 13,786 2.6
33 5,330 1,712 7,042 1.3
36 105 6,757 431 7,293 1.4
39 3,286 214 336 3,836 0.7
42 7,846 7,846 1.5
48 254 2,224 2,478 0.5
60 621 621 0.1
Total (ft) 1,663 12,162 8,812 3,005 2,523 657,659 37,619 17,416 29,310 841,473 1,611,643 Total (mi) 0.31 2.30 1.67 0.57 0.48 124.56 7.12 3.30 5.55 159.37 305.2 Asset Type Count Length (ft) Length (mi)
Force Main 42 15,084 2.86
Gravity Main 7497 1,596,246 302.32
Siphon 2 313 0.06
Cleanout 421
Manhole 6746
Lateral 4707 235,350 44.57

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Figure B is a diagram delineating the City and the property owner’s responsibility of the sanitary sewer line. If there is a problem in the sewer system that appears to be originating outside the house, the City’s Water Resources Division will dispatch staff to check the sewer main in the area.

The customer is responsible for all normal maintenance of the sanitary sewer service line on their private property. Normal maintenance is the removal of materials that are flushed, dropped, or inserted down the sanitary sewer service line. These materials include, for example, toys, diapers, construction debris, and tree roots in the line between the property line and the house. All problems on private property are the sole responsibility of the customer.

FIGURE B DIAGRAM DELINEATING CITY AND PROPERTY OWNER RESPONSIBILITY

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Since July 1, 2000, the City has had a sewer lateral program in place for residents of singlefamily homes. For homes with an approved curbside two-way lateral cleanout:
• If the problem is determined to be in the sewer lateral within the public right-of-way, the City will clean the lateral at no charge to the resident. • If the problem is determined to be between the home and the two-way cleanout, it is the customer's responsibility to correct the problem.

Residents are encouraged to install a curbside two-way lateral cleanout because if a home's sewer lateral does not have a two-way cleanout, clearing a stoppage will require additional plumbing work that is the homeowner’s responsibility. A curbside two-way lateral cleanout allows the City and plumbers to maintain the sewer lines. A cost-effective time to install a cleanout is when a plumber is already repairing or replacing a deteriorated or root-damaged lateral. Before replacing a sewer lateral or installing a two-way cleanout, the plumber is required to first obtain a permit from the City's Permit Center. The permit is required to ensure the sewer lines and cleanouts are properly installed.

ASSET INSTALLATION PROFILE
The historical asset installation profile provides insight into when large portions of assets were installed. The installation trends generally coincide with events in history (e.g., economic recessions, heightened government spending, and development of communities).

The historical asset installation profile for WRD collection system is presented in Figure C.

The dollar value represented in the figure is expressed in 2024 estimated replacement costs.

It does not represent the actual capital investment that took place in any given year. The figure illustrates the amount of investment (asset installation) per year, represented in 2024 dollars, dating back to the earliest asset installation.

As shown in Figure C, construction of WRD’s collection system was initiated in the early 1940s. There was some growth in the late-1950s, followed by a large development in the mid-1960s to early-1970s. During the late-1970s, very little development took place. It wasn’t until the early-1980s that the collection system construction resumed and steadily grew until the mid-2000s. In recent years, development has picked up and this pattern aligns with the growth of the City of Livermore.

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FIGURE C COLLECTION SYSTEM INSTALLATION PROFILE

ASSET CONSUMPTION PROFILE
Unlike the installation profile which focuses on the past, the consumption profile focuses on an assessment of the current state of the assets. The consumption profile provides an overview of how much of each asset’s life is used up. The profile provides an indication of the amount of assets reaching the end of their expected life and when they will require replacement.

The consumption profile is calculated using each asset’s age, condition, and expected life.

For example, an asset identified as 0% consumed indicates a new asset, whereas, an asset identified as 100% consumed indicates the asset has reached the end of its useful life.

Assets with shorter expected lives will be consumed more quickly than assets with longer expected lives.

WRD’s collection system consumption profile is presented in Figure D below. The dollar value represented in the figure is expressed in 2024 estimated replacement costs. In general, most of the assets are within the 20 to 70 percent range. The heavy concentration of assets in the 5 to 50 percent range indicates that most pipes and manholes are in good condition. However, the analysis shows about $1.6 million worth of pipes needing replacement. Further investigation of the pipes identified as 100% consumed is warranted.

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FIGURE D COLLECTION SYSTEM ASSET CONSUMPTION PROFILE

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ELEMENT 1 – GOALS AND INTRODUCTION
The goals for the City of Livermore’s Sewer System Management Plan are as follows:
• To continue to professionally manage, operate and maintain all parts of the wastewater collection system;
• To comply with all regulatory requirements;
• To provide adequate capacity to convey peak flows;
• To minimize the frequency and potential of sanitary sewer spills; • To mitigate the impact of spills;
• To provide training on a regular basis so that staff is able to safely and proficiently manage, operate and maintain all parts of the sanitary sewer system; and • To provide effective means to communicate with customers.

Table 1.1 identifies team members who develop and implement the various sections of the Sewer System Management Plan.

Table 1.2 shows a schedule of critical dates for the development and updating of the Sewer System Management Plan.

SWRCB Requirements:

The goal of the Sewer System Management Plan (SSMP) is to provide a plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer system. This will help reduce and prevent spills, as well as mitigate any spills that do occur.

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TABLE 1.1 CITY STAFF RESPONSIBLE FOR SSMP
SSMP Element Responsible
Position
1- Goals Water Resources
Division Manager
925-960-
8100
[email protected]
2- Organization Water Resources
Division Manager
925-960-
8100
[email protected]
3- Legal Authority City Attorney 925-960-
4157
[email protected]
4- O&M Program Public Works
Supervisor –
Collections
925-960-
8100
[email protected]
5- Design &
Performance
Provisions
City Engineering 925-960-
4500
[email protected]
6- Spill Emergency
Response
Program
Public Works
Supervisor –
Collections
925-960-
8100
[email protected]
7- Sewer Pipe
Blockage
Control Program
Public Works
Supervisor –
Collections
925-960-
8100
[email protected]
8- System
Evaluation,
Capacity
Assurance,
Capital
Improvements
City Engineering 925-960-
4500
[email protected]
9- Monitoring,
Measurement,
and Program
Modifications
Public Works
Supervisor –
Collections
925-960-
8100
[email protected]
10-Internal Audits Public Works
Supervisor --
Collections
925-960-
8100
[email protected]
11-Communication Public Works
Communications
Analyst
925-960-
8100
[email protected]

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TABLE 1.2 SSMP SCHEDULE
Complete Audit 08/02/2024
Upload Audit to CIWQS 02/02/2025
Submit report on Cat 4/Non-Cat 1 Spills 02/02/2025
Update Spill Emergency Response Plan (SERP) 04/01/2025
Submit Annual Report 04/01/2025
Conduct Annual SERP Review 06/05/2025
Update SSMP 08/02/2025
Submit Updates to Sewer System Service Area Map 12/31/2025 Complete Audit 08/02/2028
Update SSMP 08/02/2031

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ELEMENT 2 – ORGANIZATION
Figure 2.1 shows the organizational chart for the City of Livermore Water Resources Division. The positions involved in operating, maintaining, inspecting, or providing funding support for the sanitary sewer system are highlighted.

The City’s Water Resources Division Manager has overall responsibility for the Water Resources Division, including the sanitary sewer system. The Water Resources Division Manager is the Legally Responsible Official for spill reporting.

The Water Resources Technical Programs Manager provides support to the Division in areas of permits and regulations, compliance with the spill requirements, as well as oversee the Division’s safety program.

The Public Works Supervisor - Collections has primary responsibility for the sanitary sewer system, compliance with the spill requirements and initial spill reporting, and the implementation, management, and updates to the SSMP, and bi-annual audits. The Public Works Supervisor - Collections is the backup Legally Responsible Officer for spill reporting.

The Wastewater Coordinator-Collections is the lead worker responsible for managing operations and maintenance of the sanitary sewer system, including spill response and training of field crews.

SWRCB Requirements:

The Sewer System Management Plan (SSMP) must identify organizational staffing responsible and integral for implementing the SSMP through an organizational chart of other similar narrative documentation:
(a) The name of the responsible or authorized representative as described in Section 5.1 of the Order.
(b) The position titles, telephone numbers, and emails for management, administrative, and maintenance positions responsible for implementing specific measures in the SSMP program. The SSMP must identify lines of authority through an organization chart or similar document with a narrative explanation; and
(c) The chain of communication for reporting SSOs, from receipt of a complaint or other information, including the person responsible for reporting SSOs to the State and Regional Water Board and other agencies if applicable (such as County Health Officer, County Environmental Health Agency, Regional Water Board, and/or State Office of Emergency Services (OES)).

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The Wastewater Collections System Worker I, II, III’s in the Collection System Section performs preventive maintenance activities and closed-circuit television (CCTV) inspections of the sanitary sewer system, mobilize and respond to notifications of stoppages and spills.

The Public Works Supervisor – Environmental Compliance administers the City’s Fats, Oils and Grease (FOG), industrial waste, pre-treatment and storm water programs.

The Source Control Coordinator and Source Control Inspectors provide assistance to the Collection System Section for large spills and those spills that reach storm drains or waters of the State. Source Control Section staff implements the FOG, industrial waste, pre-treatment and storm water programs.

The Asset Management Specialist provides technical support with the management of asset information, GIS, and computer maintenance management systems (CMMS).

The City’s Engineering Division, part of the Community Development Department, manages and administers the Capital Improvement Program (CIP), Capacity Assurance, System Evaluations, and provides engineering support to ensure that new and rehabilitated assets meet City standards.

The City Attorney is responsible for ensuring that the City has sufficient legal authority to properly manage and maintain the sanitary sewer system.

The Public Works Communications Analyst coordinates internal and external communications efforts and leads community outreach and public education programs.

See Table 2.1 for the list of Legal Responsible Officials and Data Submitters.

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FIGURE 2.1 ORGANIZATIONAL CHART
Water Resources
Division Manager
Public Works Supervisor
(Collection Systems)
Water Resources
Coordinator
(Collection Systems)
Wastewater Collection
SystemsWorker III
Field/Maintenance Aide
Public Works Supervisor
(Environmental Compliance)
Water Resources Source
Control Inspector
Public Works Supervisor
(Laboratory)
Water Resources
Laboratory Technician
Public Works Supervisor
(Water Resources
Maintenance)
Water Resources
Coordinator(Electrical and
Instrumentation)
Water Resources
Instrument Control
Technician
Electrician
Water Resources
Coordinator
(Maintenance)
Water Resources
Mechanic II
Parts and
Inventory Control
Worker
Water Resources
Operations Manager
Water Resources
Supervising Operator
Water Distribution
Operations Manager
Water Distribution
Supervising Operator
Senior Water Distribution
Operator
Water Distribution
Operator II
Administrative
Technician (Water
Resources/Water
Section)
Management Analyst II
Division Clerk
Administrative
Clerk
Administrative
Technician (Water
Resources)
Water Resources Technical
Programs Manager
Asset Management
Specialist
Water Resources
Communications
Representative
Wastewater Collection
SystemsWorker II
Water Distribution
Operator III
Public Works
Water Resources Division
Water Resources
Coordinator
(Source Control)
Water Resources Operator
Grade III
Watershed Programs
Manager
Water Resources Operator
- Grade II
Wastewater Collection
SystemsWorker I
Water Distribution
Operator I
Water Distribution
Operator Trainee
Water Resources
Mechanic I
Special Project Coordinator
(non-technical)
Water Resources Operator
In Training (OIT)

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TABLE 2.1 LEGALLY RESPONSIBLE OFFICIALS AND DATA SUBMITTER Legally Responsible Officials
Water Resources Division Manager
Public Works Supervisor – Collections (backup)
Data Submitters
Public Works Supervisor - Environmental Compliance
Water Resources Coordinator - Collections
Water Resources Coordinator – Environmental Compliance
Wastewater Collection System Worker III

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ELEMENT 3 – LEGAL AUTHORITY
The City of Livermore has the authority to enact ordinances and other legally binding procedures to regulate wastewater collection and discharges so as to protect public health and the environment. Table 3.1 summarizes the relevant legal authority provided by the Livermore Municipal Code (LMC). The Livermore Municipal Code is available online at Livermore Municipal Code. The Standard Specifications and Details are available online at Standard Specifications & Details | Livermore, CA
TABLE 3.1 RELEVANT LEGAL AUTHORITY
(a) Prevent illicit discharges into its sanitary
sewer system (examples may include I/I,
stormwater, chemical dumping, unauthorized
debris and cut roots, etc.)
LMC 13.32.060
LMC 13.32.350
(b) Require that sewers and connections be
properly designed and constructed
LMC 13.28.090
LMC 13.28.100
LMC 15.12
Standard Specifications and Details
(c) Ensure access for maintenance, inspection,
or repairs for portions of the lateral owned or
maintained by the Public Agency
LMC 13.28.060
LMC 13.32.350
(d) Limit the discharge of fats, oils, and grease
and other debris that may cause blockages
LMC 13.32.060
LMC 13.32.350
LMC 13.32.330
(e) Enforce any violation of its sewer ordinances LMC 13.32.400 LMC 13.32.410
LMC 13.32.420
LMC 13.32.430
SWRCB Requirements:

Each Enrollee must demonstrate, through sanitary sewer system use ordinances, service agreements, or other legally binding procedures, that it possesses the necessary legal authority to:
(a) Prevent illicit discharges into its sanitary sewer system (examples may include I/I, stormwater, chemical dumping, unauthorized debris and cut roots, etc.);
(b) Require that sewers and connections be properly designed and constructed; (c) Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the Public Agency;
(d) Limit the discharge of fats, oils, and grease and other debris that may cause blockages, and
(e) Enforce any violation(s) of ordinances, service agreements, or other legal binding procedures.

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ELEMENT 4 – OPERATION AND MAINTENANCE PROGRAM
The City of Livermore’s Collection System Operations and Maintenance Program assures that the operating condition and reliability of the City’s collection system is maintained. A seven-person Collection System crew operates and maintains the 302 miles of gravity pipeline, four sewer lift stations and approximately 3 miles of 8,10, and 12-inch force mains.

The equipment the Collection System staff use includes the following:
• Vac-Con combination truck
• Vactor combination truck
• Jet-Eye hydro truck
• CCTV van with IBAK Panoramo equipment
SWRCB Requirements:

The Sewer System Management Plan must include those elements listed below that are appropriate and applicable to the Enrollee’s system:
(a) Maintain an up-to-date map of the sanitary sewer system, showing all gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable stormwater conveyance facilities;
(b) Describe routine preventive operation and maintenance activities by staff and contractors, including a system for scheduling regular maintenance and cleaning of the sanitary sewer system with more frequent cleaning and maintenance targeted at known problem areas. The Preventative Maintenance (PM) program should have a system to document scheduled and conducted activities, such as work orders;
(c) Develop a rehabilitation and replacement plan to identify and prioritize system deficiencies and implement short-term and long term rehabilitation actions to address each deficiency. The program should include regular visual and TV inspections of manholes and sewer pipes, and a system for ranking the condition of sewer pipes and scheduling rehabilitation. Rehabilitation and replacement should focus on sewer pipes that are at risk of collapse or prone to more frequent blockages due to pipe defects. Finally, the rehabilitation and replacement plan should include a capital improvement plan that addresses proper management and protection of the infrastructure assets. The plan shall include a time schedule for implementing the short- and long-term plans plus a schedule for developing the funds needed for the capital improvement plan; (d) Provide training on a regular basis for staff in sanitary sewer system operations and maintenance, and require contractors to be appropriately trained; and
(e) Provide equipment and replacement part inventories, including identification of critical replacement parts.

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• Confined space entry and spill response trailer
• Three mechanical lateral rodders
• Three lateral cameras
• Pole camera
• Numerous hand tools and absorbents
• Backhoe
• Dump truck
• Accompanying tools for emergency repairs
Two contractors are retained to perform more complex urgent and/or emergency repairs to the system. Most of the maintenance activities are based out of the Livermore Water Reclamation Plant (LWRP) site. The City’s Corporation Yard (known as the Maintenance Service Center) is also available to Collection System staff as a support location for fuel, washing of equipment, and fleet repairs.

The four sewage lift stations are equipped with redundant pumping capabilities, and each have a written spill Emergency Response Plan. Repairs to the lift stations are made by Water Resources Division Maintenance Section staff. All maintenance and work order records are maintained in WRD’s Computerized Maintenance Management System (CMMS) database.

COLLECTION SYSTEM MAPS
Sanitary Sewer System and Storm Sewer System Maps are available to the Collection System staff through several means. Copies are kept in all Collection System vehicles with extra copies stored in the Collection System Section office. GIS maps of the Sanitary and Storm Sewer Systems are also available via the City’s Intranet. These system maps are typically updated on a quarterly basis; the Collection System staff submits corrections to the City’s GIS Department when changes are identified. The Collection System Section is constantly working with the City’s GIS staff to provide updated maps, in PDF format of all utilities on wireless tablets.

PRIORITIZED PREVENTATIVE MAINTENANCE
The Collection System staff focuses on proactive maintenance of the sanitary and storm sewer systems. The proactive approach to deficiencies is addressed through the Collection System Section’s daily closed-circuit television video (CCTV) inspections which are immediately assessed whenever a problem is found. For every system failure (e.g. overflow, main plug, slow flow or odor complaint), a thorough video inspection and review is performed. In every case, once the problem is determined, it is either repaired, added to a CIP list for future action, or the problem is removed from the pipeline.

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Pipelines are routinely flushed and vacuumed in conjunction with CCTV inspections. The combination trucks and one Jet-Eye hydro truck are used to flush and vacuum debris from pipelines up to and including 36-inches diameter in size. The Collection System staff cleans the entire collection system every three years. Selective cleaning is performed every 18 months on mainlines that have been identified as needing increased cleaning frequency.

Longer periods of time can elapse between cleaning of newer pipelines, thereby allowing more aggressive cleaning to be focused on areas with visible or higher incidences of problems. The need to clean larger lines is determined by the amount of debris found in the basins draining into the trunk lines. The Collection System is divided into 9 big basins and 78 sub-basins with cleaning of the system starting at the farthest sub-basin, working systematically toward the Livermore Water Reclamation Plant. These basins and sub-basins are shown in Figures 4.1 and 4.2. All sub-basins are currently on a scheduled preventive maintenance cycle.

Routine inspections of the City’s four lift stations are performed weekly by Collection System staff. Problems, defects or damage are noted on work orders and delivered to the Water Resources Division Maintenance Section to perform the repairs.

Sanitary sewer main lines and lateral sewer pipeline cleaning are performed daily. Several mainlines have been identified as “hot spots” which require more frequent cleaning depending on local conditions. These scheduled hot spot locations are cleaned on a monthly to annual basis. Most hot-spots are problematic due to sags, minimum fall, undersized pipe or grease accumulation. Cleaning and video inspections of the lines are documented on work orders and kept in digital files. Video records are made of breaks or significant root intrusion, and breaks are scheduled for repair and roots are treated by a qualified chemical applicator. Newer pipelines, once televised for baseline structural and operational scores, are not cleaned on the same intervals as the older pipelines throughout the system. More targeted cleaning is scheduled as the CCTV crew identifies mainlines with increased operational scores. The Collection System Section has set goals of achieving one mile of hydro-cleaning and 3,000’ of CCTV inspections per day. A map of currently recognized hotspots is shown in Figure 4.3. Hotspots are evaluated annually and are adjusted as needed.

When recurring deficiencies or problem areas are noticed, they are documented and discussed with the city’s Engineering staff for inclusion in capital improvement projects (CIP).

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FIGURE 4.1 NINE BIG BASINS

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FIGURE 4.2 78 SUB-BASINS

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FIGURE 4.3 HOT SPOTS

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SCHEDULED INSPECTIONS AND CONDITION ASSESSMENT
Routine sewer line inspection, cleaning and maintenance is scheduled five days a week. As a service, the Collection System crews will mechanically rod laterals if the owner of the property has a City-approved one-way or two-way cleanout installed at or near the property line. Laterals are placed on six month-, 1 or 2 year, and 16 year rotations for preventive rodding based on frequency of root growth or problems. If the root intrusion is excessive or is severely damaging the pipe, the lateral is repaired or replaced from the approved oneway or two-way cleanout to the main line.

The City of Livermore Water Resources Division currently operates four sewage lift stations.

Lift stations are inspected bi-weekly and undergo semi-annual and annual maintenance processes. Every six months, the pumps are checked for voltage, and the motors are inspected and cleaned. Annually, the pumps are checked for voltage, the motors inspected and cleaned, and the sump is inspected and cleaned. SSO emergency response plan and by-pass plans have been developed for each lift station in case of station failures.

Condition ratings based on actual field condition assessment data is obtained through CCTV inspections using the National Association of Sewer Service Companies (NASSCO)’s standardized rating, identification, and classification system for faults, problems and defects known as the Pipeline Assessment and Certification Program (PACP). Both operational and structural scores are determined on a scheduled basis. Also, condition assessment and inspections are done for manholes using NASSCO’s Manhole Assessment and Certification Program (MACP) standards. Where the actual condition data is not available, the condition rating of a pipe is estimated using the following data: age of pipe, pipe material, work history, and other available data including staff knowledge. All information can be found in the Collection System Asset Management Plan.

CONTINGENCY EQUIPMENT AND REPLACEMENT INVENTORIES
Complaint resolution and investigation are initiated by the Water Resources Division’s Administrative staff based on customer calls. Calls and documented in the City’s CMMS and are referred to Collection System staff via cell phone or two-way radio. Resolution of callouts is either completed by the original responder or scheduled by the responder for further action. The Collections Coordinator or Supervisor prioritizes the corrective action by urgency. A maximum one-hour response time to all calls for service is a goal of the Water Resources Division.

As shown in Table 4.1, the City uses various types of equipment to operate and maintain its 305 miles of wastewater collection system pipelines. To minimize downtime, tools and equipment are serviced by qualified mechanics by the Fleet Section. In addition, the Fleet Section is responsible for maintenance of heavy equipment and responding to regular or after-hour emergency repairs. Replacement parts costing less than $10,000 can be

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purchased immediately by staff. More expensive equipment such as pumps, trailers, or trucks is purchased through a procurement process.

TABLE 4.1 COLLECTION SYSTEM EQUIPMENT
Description Number Comments
Hydro Cleaning Truck 2 Vac – Con
Vactor
Hydro Cleaning Truck with
CCTV
1 Pipe Hunter Jet Eye
Service Vehicles 2
Utility Vehicle 1 F-350 w/ utility boxes and crane
Work Trucks 2
Dump Truck 5 yard 1
Backhoe 1
Bobcat 1
Skip Loader 1
CCTV Truck 1 IBAK
Lateral Monitors and
Camera
4 Rigid
Rodder Units 4 Located on Standby Vehicles
Confined Space Trailer 1
Emergency Hose Bypass
Trailer
1 6” Pumps 2
Spill Control absorbents
and Dams
8 Located on all trucks
Gas Detectors 8
Saw Cutter Trailer 1
Generators 2
Light with Stands 1

TRAINING
The City of Livermore Water Resources Division’s Collection System Section annually completes a comprehensive training schedule. Specific training for Collection System staff addresses the skills necessary to perform proper operations and maintenance, timely and effective response to overflow emergencies, quality customer service, and incorporates recognized safety practices.

Regularly scheduled crew safety meetings are held every 10 working days. In addition, all the current Collection System staff are California Water Environment Association (CWEA) Collection System Maintenance Certificate holders. Staff are required to train at least 12 hours, per two-year period in the Collection System Maintenance discipline in order to maintain the certification. The Collection System Section budget allows employees to travel

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to one conference per year for additional Collection System-specific training. Employees also attend training about new technologies and best practices offered by local sections of the CWEA. The ever-evolving training for the Collection System staff also includes training on new regulations. These trainings include Spill Emergency Response Plan (SERP) for both procedure and practice drills, spill volume estimation for staff, and CIWQS reporting for staff that submit data.

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ELEMENT 5 – DESIGN AND PERFORMANCE PROVISIONS

STANDARDS FOR INSTALLATION, REHABILITATION AND REPAIR
The City of Livermore maintains up-to-date sewer system “Standard Specifications and Standard Details”. These standards are available from the City’s Engineering Division, and on the City’s website (Standard Specifications & Details | Livermore, CA) The Standard Specifications and Standard Details were updated in 2023. The Standard Details provides a schedule of acceptable pipe materials for sewer mains and contains construction details for maintenance holes and sewer laterals. Required separation distances are also provided for sanitary sewer, potable water, and recycled water pipelines. The Standard Specifications contain construction specifications for sewer mains, manholes, and laterals. Specifications are provided for different types of acceptable material. Specifications are also provided for jacking and boring, and leakage testing.

All of the four sewage lift stations in the City’s collection system were constructed during the past 22 years. The City has developed specifications for preferred components such as pumps, flush valves, check valves, force main valves, pressure and flow transducers, programmable logic controllers, level gauges, motor control centers, security equipment, etc.

INSPECTION AND TESTING OF NEW AND REHABILITATED FACILITIES The City also has specific standards for inspection and testing of all types of construction, installation, rehabilitation and repair type activities. The Standard Specifications contain specific leakage testing requirements for new construction. The specifications developed for the sewage lift stations contain step-by-step instructions for start-up testing of new pumps and all electrical and instrumentation components. Rehabilitation projects also utilize these inspection specifications in addition to specialized inspection procedures such as testing and inspecting lining systems used to rehabilitate sewers.

SWRCB Requirements:
(a) Design and construction standards and specifications for the installation of new sanitary sewer systems, pump stations and other appurtenances; and for the rehabilitation and repair of existing sanitary sewer systems; and (b) Procedures and standards for inspecting and testing the installation of new sewers, pumps, and other appurtenances and for rehabilitation and repair projects.

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ELEMENT 6 – SPILL EMERGENCY RESPONSE PLAN
The City of Livermore has developed a comprehensive, stand-alone Spill Emergency Response Plan. Key provisions are provided below to demonstrate compliance with the SSMP requirements.

The Sewer System Management Plan (SSMP) must include an up to date Spill Emergency Response Plan (SERP) to ensure prompt detection of and response to spills, to reduce spill volumes and collect information for prevention of future spills. The SERP must include procedures to:
(a) Notify primary responders, appropriate local officials, and appropriate regulatory agencies of a spill in a timely manner;
(b) Notify other potentially affected entities (for example, health agencies, water suppliers, etc.) of spills that potentially affect public health or reach waters of the State;
(c) Comply with the notification, monitoring and reporting requirements of State Water Board Order No. WQ 2022-0103 DWQ (SSSWDR), State law and regulations, and applicable Regional Water Board Orders; (d) Ensure that appropriate staff and contractors implement the SERP and are appropriately trained;
(e) Address emergency system operations, traffic control and other necessary response activities;
(f) Contain a spill and prevent/minimize discharge to waters of the State or any drainage conveyance system;
(g) Minimize and remediate public health impacts and adverse impacts on beneficial uses of waters of the State;
(h) Remove sewage from the drainage conveyance system;
(i) Clean the spill area and drainage conveyance system in a manner that does not inadvertently impact beneficial uses in the receiving waters; (j) Implement technologies, practices, equipment, and interagency coordination to expedite spill containment and recovery;
(k) Implement pre-planned coordination and collaboration with storm drain agencies and other utility agencies/departments prior, during, and after a spill event;
(l) Conduct post-spill assessments of spill response activities; (m)Document and report spill events as required in this General Order; and (n) Annually, review and assess effectiveness of the Spill Emergency Response Plan, and update it as needed

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1. PURPOSE
The purpose of the City of Livermore Water Resources Division Spill Emergency Response Plan (SERP) is to support a prompt, orderly and effective response to spills (sanitary), reduce spill volumes, and collect information for prevention of future spills. A “spill” in this document is defined by State Water Board Order No. WQ 2022-0103-DWQ as: a discharge of sewage from any portion of a sanitary sewer system due to a sanitary sewer system overflow, operational failure, and/or infrastructure failure. The SERP provides guidelines for City personnel to follow in responding to, cleaning up, reporting, and properly documenting spills that may occur within the City’s service area. This SERP satisfies the State Water Board Order No. WQ 2022-0103-DWQ, which require wastewater collection agencies to have a Spill Emergency Response Plan. Additionally, the SERP outlines procedures for responding to sanitary sewer spill backups into structures as required by the City’s insurer.

See definitions. “Backup” is a term typically used by insurers to describe property damage resulting from exposure and contact to untreated or partially treated sewage.

2. POLICY
The City’s employees are required to report all spills from agency owned sewer mains and publicly owned laterals found and to take the appropriate action to secure the spill area, properly report to the appropriate regulatory agencies, relieve the cause of the spill, and ensure that the affected area is cleaned as soon as possible to minimize health hazards to the public and protect the environment. The City’s goal is to respond to sewer system spills as soon as possible following notification. The City will follow reporting procedures regarding sewer spills as set forth by the San Francisco Regional Water Quality Control Board (Region 2) and the State Water Board Order No. WQ 2022-0103-DWQ (SSSWDR).

3. DEFINITIONS
BASIN PLAN: A Basin Plan is a water quality control plan specific to a Regional Water Quality Control Board (Regional Water Board), that serves as regulations to: (1) define and designate beneficial uses of surface and groundwaters, (2) establish water quality objectives for protection of beneficial uses, and (3) provide implementation measures.

BENEFICIAL USES: The term “Beneficial Uses” is a Water Code term, defined as the uses of the waters of the State that may be protected against water quality degradation. Examples of beneficial uses include but are not limited to, municipal, domestic, agricultural, and industrial supply; power generation; recreation; aesthetic enjoyment; navigation; and preservation and enhancement of fish, wildlife, and other aquatic resources or preserves.

CALIFORNIA INTEGRATED WATER QUALITY SYSTEM (CIWQS): CIWQS is the statewide database that provides for mandatory electronic reporting as required in State and Regional Water Board-issued waste discharge requirements.

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DATA SUBMITTER: A Data Submitter is an individual designated and authorized by the City’s Legally Responsible Official to enter spill data into the online CIWQS Sanitary Sewer System Database. A Data Submitter does not have the authority of a Legally Responsible Official to certify reporting entered into the online CIWQS Sanitary Sewer System Database.

City of Livermore Water Resources Division Spill Emergency Response Plan DRAINAGECONVEYANCE SYSTEM: A drainage conveyance system is a publicly- or privately-owned separate storm sewer system, including but not limited to drainage canals, channels, pipelines, pump stations, detention basins, infiltration basins/facilities, or other facilities constructed to transport stormwater and non-stormwater flows.

ENVIRONMENTALLY SENSITIVE AREA: An environmentally sensitive area is a designated agricultural and/or wildlife area identified to need special natural landscape protection due to its wildlife or historical value.

EXFILTRATION: Exfiltration is the underground exiting of sewage from a sanitary sewer system through cracks, offset or separated joints, or failed infrastructure due to corrosion or other factors.

FOG – Fats, Oils, and Grease: Refers to fats, oils, and grease typically associated with food preparation and cooking activities that can cause blockages in the sanitary sewer system.

HYDROLOGICALLY CONNECTED: Two waterbodies are hydrologically connected when one waterbody flows, or has the potential to flow, into the other waterbody. For the purpose of the State Water Board Order No. WQ 2022-0103 DWQ (SSSWDR), groundwater feeds into the surface water. The surface waterbody in this example is termed a gaining stream as it gains flow from surrounding groundwater.

LATERAL (INCLUDING LOWER AND UPPER LATERAL): A lateral is an underground segment of smaller diameter pipe that transports sewage from a customer’s building or property (residential, commercial, or industrial) to the City’s main sewer line in a street or easement. Upper and lower lateral boundary definitions are subject to local jurisdictional codes and ordinances, or private system ownership. A lower lateral is the portion of the lateral located between the sanitary sewer system main, and either the property line, sewer clean out, curb line, established utility easement boundary, or other jurisdictional locations.

An upper lateral is the portion of the lateral from the property line, sewer clean out, curb line, established utility easement boundary, or other jurisdictional locations, to the building or property.

LEGALLY RESPONSIBLE OFFICIAL: A Legally Responsible Official is an official representative, designated by the City, with authority to sign and certify submitted information and documents required by this General Order.

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MAINLINE SEWER: Refers to City wastewater collection system piping downstream of the sewer laterals that is not a private sewer lateral connection to a building.

MAINTENANCE HOLE OR MANHOLE: Refers to an engineered structure that is intended to provide access to a sanitary sewer for maintenance and inspection NOTIFICATION OF A SPILL: Refers to the time at which the City becomes aware of a spill event through observation or notification by the public or other source.

NUISANCE: For the purpose of the State Water Board Order No. WQ 2022-0103 DWQ (SSSWDR), a nuisance, as defined in Water Code section 13050(m), is anything that meets all of the following requirements:
• Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property; • Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal; and
• Occurs during, or as a result of, the treatment or disposal of wastes.

PREVENTATIVE MAINTENANCE: Refers to maintenance activities intended to prevent failures of the wastewater collection system facilities (e.g. cleaning, CCTV, inspection).

PRIVATE LATERAL SEWAGE SPILL – Spills that are caused by blockages or other problems within a privately-owned lateral.

PRIVATE SANITARY SEWER SYSTEM: A private sanitary sewer system is a sanitary sewer system of any size that is owned and/or operated by a private individual, company, corporation, or organization. A private sanitary sewer system may or may not connect into a publicly owned sanitary sewer system.

PRIVATE SEWER LATERAL: A private sewer lateral is the privately-owned lateral that transports sewage from private property(ies) into a sanitary sewer system.

POTENTIAL TO DISCHARGE, POTENTIAL DISCHARGE: Potential to Discharge, or Potential Discharge, means any exiting of sewage from a sanitary sewer system which can reasonably be expected to discharge into a water of the State based on the size of the sewage spill, proximity to a drainage conveyance system, and the nature of the surrounding environment.

RECEIVING WATER: A receiving water is a water of the State that receives a discharge of waste.

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SANITARY SEWER SYSTEM: A sanitary sewer system is a system that is designed to convey sewage, including but not limited to, pipes, manholes, pump stations, siphons, wet wells, diversion structures and/or other pertinent infrastructure, upstream of a wastewater treatment plant headworks, including:
• Laterals owned and/or operated by the City;
• Satellite sewer systems; and/or
• Temporary conveyance and storage facilities, including but not limited to temporary piping, vaults, construction trenches, wet wells, impoundments, tanks, and diversion structures. For purpose of the State Water Board Order No. WQ 2022-0103 DWQ (SSSWDR), sanitary sewer systems include only systems owned and/or operated by the City.

SATELLITE SEWER SYSTEM: A satellite sewer system is a portion of a sanitary sewer system owned or operated by a different owner than the owner of the downstream wastewater treatment facility ultimately treating the sewage.

SEWAGE: Sewage, and its associated wastewater, is untreated or partially treated domestic, municipal, commercial and/or industrial waste (including sewage sludge), and any mixture of these wastes with inflow or infiltration of stormwater or groundwater, conveyed in a sanitary sewer system.

SEWER BACKUP: A sanitary sewer spill resulting from a sanitary sewer system overflow, operational failure, and/or infrastructure failure in a publicly owned sewer system, with an appearance point and subsequent discharge into a structure.

SPILL: A spill is a discharge of sewage from any portion of a sanitary sewer system due to a sanitary sewer system overflow, operational failure, and/or infrastructure failure.

Exfiltration of sewage is not considered to be a spill under the State Water Board Order No.

WQ 2022-0103 DWQ (SSSWDR) if the exfiltrated sewage remains in the subsurface and does not reach a surface water of the State.
• Category 1 Spill: A Category 1 spill is a spill of any volume of sewage from or caused by a sanitary sewer system regulated under the State Water Board Order No. WQ 2022-0103 DWQ (SSSWDR) that results in a discharge to:
• A surface water, including a surface water body that contains no flow or volume of water; or
• A drainage conveyance system that discharges to surface waters when the sewage is not fully captured and returned to the sanitary sewer system or disposed of properly. Any spill volume not recovered from a drainage conveyance system is considered a discharge to surface water, unless the drainage conveyance system discharges to a dedicated stormwater infiltration basin or facility.

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A spill from a City-owned and/or operated lateral that discharges to a surface water is a Category 1 spill; the City shall report all Category 1 spills per section 3.1 of Attachment E1 (Notification, Monitoring, Reporting and Recordkeeping Requirements) of this General Order.
• Category 2 Spill: A Category 2 spill is a spill of 1,000 gallons or greater, from or caused by a sanitary sewer system regulated under the State Water Board Order No. WQ 2022- 0103 DWQ (SSSWDR) that does not discharge to a surface water. A spill of 1,000 gallons or greater that spills out of a lateral and is caused by a failure or blockage in the sanitary sewer system, is a Category 2 spill.
• Category 3 Spill: A Category 3 spill is a spill equal to or greater than 50 gallons and less than 1,000 gallons, from or caused by a sanitary sewer system regulated under the State Water Board Order No. WQ 2022-0103 DWQ (SSSWDR) that does not discharge to a surface water. A spill equal to or greater than 50 gallons and less than 1,000 gallons, that spills out of a lateral and is caused by a failure or blockage in the sanitary sewer system is a Category 3 spill.
• Category 4 Spill: A Category 4 spill is a spill of less than 50 gallons, from or caused by a sanitary sewer system regulated under the State Water Board Order No. WQ 2022-0103 DWQ (SSSWDR) that does not discharge to a surface water. A spill of less than 50 gallons that spills out of a lateral and is caused by a failure or blockage in the sanitary sewer system is a Category 4 spill.

TRAINING: Training is in-house or external education and guidance needed that provides the knowledge, skills, and abilities to comply with the State Water Board Order No. WQ 2022-0103 DWQ (SSSWDR).

WASH DOWN WATER: Wash down water is water used to clean a spill area.

WASTE: Waste, as defined in Water Code section 13050(d), includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal.

WATERS OF THE STATE: Waters of the State are surface waters or groundwater within boundaries of the state as defined in Water Code section 13050(e), in which the State and Regional Water Boards have authority to protect beneficial uses. Waters of the State include, but are not limited to, groundwater aquifers, surface waters, saline waters, natural washes and pools, wetlands, sloughs, and estuaries, regardless of flow or whether water exists during dry conditions. Waters of the State include waters of the United States.

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WATERS OF THE UNITED STATES: Waters of the United States are surface waters or waterbodies that are subject to federal jurisdiction in accordance with the Clean Water Act.

WATER QUALITY OBJECTIVE: A water quality objective is the limit or maximum amount of pollutant, waste constituent or characteristic, or parameter level established in statewide water quality control plans and Regional Water Boards’ Basin Plans, for the reasonable protection of beneficial uses of surface waters and groundwater and the prevention of nuisance.

4. SPILL EMERGENCY RESPONSE PLAN OBJECTIVES
The Spill Emergency Response Plan includes measures to protect public health and the environment. The City will respond to spills from its system(s) in a timely manner that minimizes water quality impacts and nuisance by:
• Immediately stopping the spill and preventing/minimizing a discharge to waters of the State;
• Intercepting sewage flows to prevent/minimize spill volume discharged into waters of the State
• Thoroughly recovering, cleaning up and disposing of sewage and wash down water; cleaning publicly accessible areas while preventing discharges to waters of the State.

Additionally, City Staff will:
• Work safely;
• Properly document each spill event in a separate file including photos and/or video where applicable;
• Collect information for prevention of future spills;
• Minimize public contact with the spilled wastewater;
• Mitigate the impact of the spill;
• Meet the regulatory reporting requirements;
• Evaluate the causes of failure related to spills;
• Perform post-spill response evaluation for adherence to procedures and effectiveness of response; and
• Revise response procedures, modify maintenance practices or provide additional training based on the results from the debrief and failure analysis of spills, if needed.

5. SPILL DETECTION AND NOTIFICATION
The processes that are employed to notify the City of the occurrence of a spill include:
observation by the public, receipt of an alarm, or observation by City staff during the normal course of their work.

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LIFT STATION ALARMS:
• The City operates four wastewater lift stations. In the event of a station failure the SCADA alarm system is activated, and the City is contacted. To prevent spills, wastewater from the wet well can either be pumped into a vacuum truck for disposal to a nearby sanitary sewer manhole or bypassed around the station into the sanitary sewer system.

PUBLIC OBSERVATION: Public observation is the most common way that the City is notified of blockages and spills. Contact numbers and information for reporting sewer spills and backups are on the City’s website:
https://www.livermoreca.gov.The City’s telephone number for reporting sewer problems is (925) 960-8100 during business hours and (925) 960-8160 after hours. • Normal Work Hours: When a report of a sewage overflow or backup is made during normal workhours, WRD Administrative staff takes the call and completes a Service Request in Nexgen (CMMS) and forwards it to the Collection System Supervisor or designee who dispatches an available Collections Crew. If WRD Administrative staff are unable to enter information directly into Nexgen, then they will complete the Service Response Form (Appendix C)
• After Hours: After hours, the Duty Operator at the Wastewater Treatment Plant takes the call and completes the Service Response in Nexgen (CMMS) and notifies the Standby Employee who will be dispatched to respond to the service call. The Duty Operator will also email the Service Response Form to the Collection System Supervisor and Standby Supervisor, Division Manager, and Water Distribution Supervisor. If the Duty Operator is unable to enter information directly into Nexgen, then they will complete the Service Response Form (Appendix C). When calls are received, either during normal work hours or after hours, the individual receiving the call will collect and include in the spill event file, at a minimum, the following information to record the complaint:
o Date, time, and method of notification,
o Date and time the complainant first noticed the spill, if available, o Narrative description of the complaint, including any information the caller provided regarding whether the spill has reached surface waters or a drainage conveyance system, if available,
o Complainant’s contact information, if available, and
o Final resolution of the complaint.
• If the spill or backup is not in the City’s service area, they provide the customer with contact information for the responsible agency and then notify that agency. • If the spill or backup is in the City’s service area, the Sewer Crew (during business hours) or Standby Employee (after hours) will respond to the address of the complaint and do an investigation. If the complaint is not a spill, the crew members’ findings and actions taken, if any, are logged into the City Computerized Maintenance Management

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• System (CMMS) using a tablet computer if available. If a tablet computer is not available, the information will be entered into the CMMS when the employee returns to the City.
• If the complaint is a spill, the individual receiving the call provides the customer with contact information for the responsible agency and then notify that agency.

CITY STAFF OBSERVATION: City staff conducts periodic inspections of its sewer system facilities as part of their routine activities. Any problems noted with the sewer system facilities are reported to appropriate City staff that, in turn, responds to emergency situations. Work orders are issued to correct non-emergency conditions.

CONTRACTOR OBSERVATION: Contractors working on the City’s sewer system will be informed of contractor spill response procedures. Contractors working on behalf of property owners will be provided with spill response information when they pull a permit from the Permit Center. The following procedures are to be followed in the event that a contractor/plumber causes or witnesses a sanitary sewer spill. If the contractor/plumber causes or witnesses a spill they should:
• Immediately notify the City at (925) 960-8100 and provide the following information if available:
• Date, time contractor first noticed the spill
• Description of the contractor’s observation, including any information regarding whether the spill has reached surface waters or a drainage conveyance system
• Contractor’s contact information
• Protect storm drains.
• Protect the public.
• Direct ALL media and public relations requests to the WRD Communications Representative.

6.SPILL RESPONSE PROCEDURES
(Ref. State Water Board Order No. WQ 2022-0103 DWQ (SSSWDR), ATTACHMENT:D Element 6 page D-6) SEWER OVERFLOW/BACKUP RESPONSE SUMMARY: The City will respond to spills as soon as feasible following notification of a spill/backup. If it is not possible that the spill/backup is due to a failure in the City-owned/maintained sewer lines the Sewer Crew performs the following:
• Follows the instructions in the Sanitary Sewer Spill/Backup Response Workbook. • If the customer is not home the Sewer Crew completes the door hanger and leaves it on the customer’s door.
• If it is an ongoing spill the property owner is unable/unwilling to address, contact City Code Enforcement.
• If the customer is home the Sewer Crew:
• Explains that the blockage is in the customer’s lateral, and the City does not have legal authority to maintain or perform work on privately owned laterals.

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• Recommends to the customer that they hire a licensed contractor to clear their line.
• Gives the customer the Sewer Spill Reference Guide pages from the Sanitary Sewer Spill/Backup Response Workbook.

If it is possible that the spill/backup is due to a failure in the City-owned/maintained sewer lines, the Sewer Crew:
• Follows the instructions in the Sanitary Sewer Spill/Backup Response Workbook. • Notifies Collection System Supervisor of the incident. • Relieves blockage and cleans impacted areas.
• Forwards the completed Sanitary Sewer Spill/Backup Response Workbook to the Collection System Supervisor.

The Collection System Supervisor performs required regulatory reporting in accordance with the Sanitary Sewer Spill/Backup Response Workbook’s Regulatory Reporting section.

If the overflow has impacted on private property, the Sewer Crew:
• Follows the instructions in the Sanitary Sewer Spill/Backup Response Workbook. • Provides the customer with forms and information as indicated in the Sanitary Sewer Spill/Backup Response Workbook.
• Forwards the completed Sanitary Sewer Spill/Backup Response Workbook to the Collection System Supervisor.

The Collection System Supervisor notifies the Division Manager and City's Risk Manager of the incident. The City Risk Manager or designee:
• Reviews incident reports, claim form and other incident information. • Communicates with claimant as appropriate.
• Adjusts and administers the claim to closure.
• Properly documents in writing all activities and communications before approving the final event file.

7. FIRST RESPONDER PRIORITIES
The first responder’s priorities are:
• Prompt response to spills.
• To follow safe work practices.
• To respond promptly with the appropriate and necessary equipment. • To reduce spill volume and contain the spill wherever feasible. • To restore the flow as soon as practicable.
• To minimize public access to and/or contact with the spilled sewage. • To promptly notify the Collection System Supervisor or designee in event of a spill needing additional resources, and/or impacting environmentally sensitive areas. • To return the spilled sewage to the sewer system.
• To restore the area to its original condition (or as close as possible). Collect information for the prevention of future spills.

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• Properly document the spill and response activities on the forms provided in the Sanitary Sewer Spill/Backup Response Workbook, including photos and/or video where practicable.

8. INITIAL RESPONSE
The first responder must respond to the site of the spill/backup and visually check for potential sewer stoppages.

The first responder will:
• Note arrival time at the site of the spill/backup.
• Verify the existence of a public sewer system spill or backup. • Identify and assess the affected area and extent of spill. • Assess the spill location(s) and spread using photography, global positioning system (GPS), and other best available tools.
• Contact the caller if time permits.
• Document the spill according to the requirements described in Section 10 of this SERP, including taking photos and/or videos of overflowing manhole(s)/cleanout(s).
• Take steps to contain, recover, and return the spill to the sanitary sewer as feasible. For procedures refer to the Sanitary Sewer Spill/Backup Response Workbook.
• Protect surface waters to the extent practicable. For procedures refer to the Sanitary Sewer Spill/Backup Response Workbook.
• The City maintains City-owned storm sewer infrastructure and drainage conveyance systems within its service area and will address spills to those. Spills entering drainage conveyance systems outside the City’s jurisdiction will be addressed as follows:
• Notify the responsible agency (Zone 7 or LARPD) or property owner • Provide support to address the spill in accordance with mutual aid agreements or as feasible or allowed by LWRD Manager, Public Works Director, or City Risk Manager.

9. INITIATE SPILL CONTAINMENT MEASURES
The first responder will attempt to contain as much of the spilled sewage as possible using the following steps:
• Determine the immediate destination of the overflowing sewage. • Plug storm drains using air plugs, sandbags, and/or plastic mats to contain the spill, whenever appropriate.
• If spilled sewage has made contact with the storm drainage system, attempt to contain the spilled sewage by plugging downstream storm drainage facilities. • Contain/direct the spilled sewage using dike/dam or sandbags. • Vacuum retrieve sewage whenever practicable.
• Pump around the blockage/pipe failure.

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Containment efforts will be documented. For procedures refer to the Sanitary Sewer Spill/Backup Response Workbook, form C-1.

10. RESTORE FLOW
Using the appropriate cleaning equipment, set up downstream of the blockage and hydroclean upstream from a clear manhole. Attempt to remove the blockage from the system and observe the flows to ensure that the blockage does not reoccur downstream. If the blockage cannot be cleared within a reasonable time from arrival, or sewer requires construction repairs to restore flow, then initiate containment and/or bypass pumping. If other assistance is required, immediately contact the Collection System Supervisor. For procedures refer to the Sanitary Sewer Spill/Backup Response Workbook.

11. RECOVERY AND CLEANUP: (Ref. State Water Board Order No. WQ 2022-0103 DWQ (SSSWDR), Element 6, ATTACHMENT D, Page D-6)
The recovery and cleanup phase begins immediately after the flow has been restored and the spilled sewage has been contained to the extent possible. The spill recovery and cleanup procedures are described in the following sections.

ESTIMATE THE FLOW AND VOLUME OF SPILLED SEWAGE:

A variety of approaches exist for estimating the volume of a sanitary sewer spill. The Sewer Crew members should use the method most appropriate to the sewer overflow in question and reference the Sanitary Sewer Spill/Backup Response Workbook which provides four (4) methods:
• Eyeball Estimation Method
• Duration and Flow Rate Calculation Method
• Area/Volume Method
• Upstream Connections Method
In addition, the following will be documented on the Sewer Spill Report form:
• Description, photographs, and GPS coordinates of the system location where the spill originated. If a single spill event results in multiple appearance points, provide GPS coordinates for the appearance point closest to the failure point and describe each additional appearance point in the spill appearance point explanation field; • Estimated total spill volume exiting the system;
• Description and photographs of the extent of the spill and spill boundaries; • Did the spill reach a drainage conveyance system? If yes:
• Description of the drainage conveyance system transporting the spill; • Photographs of the drainage conveyance system entry location(s); • Estimated spill volume that reached the drainage conveyance system; • Estimated spill volume fully recovered from the drainage conveyance system; • Estimated spill volume remaining within the drainage conveyance system

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• Estimated spill volume discharged to a groundwater infiltration basin or facility, if applicable;
• Estimated spill travel time from the point of entry into the drainage conveyance system to the point of discharge into the receiving water. • Estimated total spill volume recovered.

RECOVERY OF SPILLED SEWAGE:

Vacuum up and/or pump the spilled sewage and wash down water and discharge it back into the sanitary sewer system. Thoroughly recover and dispose of sewage and wash down water.

CLEAN-UP AND DISINFECTION:

Clean up procedures will be implemented to reduce the potential for human health issues and adverse environmental impacts associated with a spill event. The procedures described are for dry weather conditions and will be modified as required for wet weather conditions. Where cleanup is beyond the capabilities of City staff, a cleanup contractor will be used.

Private Property:

City crews are responsible for the cleanup when the property damage is minor in nature and is outside of private building dwellings, such as in front, side and backyards, easements, etc. In all other cases, affected property owners can call a water damage restoration contractor to complete the cleanup and restoration. If the overflow into property is the definite cause of City system failure, the property owner can call out a water damage restoration contractor to complete the cleanup and restoration. In both cases, property owners may submit a claim form.

Hard Surface Areas:

Collect all signs of sewage solids and sewage-related material either by protected hand or with the use of rakes and brooms. Wash down the affected area with clean water and/or deozyme or similar nontoxic biodegradable surface disinfectant until the water runs clear.

The flushing volume will be approximately three times the estimated volume of the spill.

Take steps to contain and vacuum up the wastewater. Allow area to dry. Repeat the process if additional cleaning is required.

Landscaped and Unimproved Natural Vegetation:

Collect all signs of sewage solids and sewage-related material either by protected hand or with the use of rakes and brooms. Wash down the affected area with clean water until the

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water runs clear. The flushing volume will be approximately three times the estimated volume of the spill. Either contain or vacuum up the wash water so that none is released.

Allow the area to dry. Repeat the process if additional cleaning is required.

Natural Waterways:

The Department of Fish and Wildlife will be notified by CalOES for spills greater than or equal to 1,000 gallons. For spills less than 1,000 gallons, contact Alameda County Environmental Health for direction.

Wet Weather Modifications:

Collect all signs of sewage solids and sewage-related material either by protected hand or with the use of rakes and brooms. Omit flushing and sampling during heavy storm events (i.e., sheet of rainwater across paved surfaces) with heavy runoff where flushing is not required, and sampling would not provide meaningful results.

PUBLIC NOTIFICATION:

Signs will be posted and caution tape put in place to keep vehicles and pedestrians away from contact with spilled sewage. Alameda County Environmental Health instructions and directions regarding placement and language of public warnings will be followed.

Additionally, the Collection System Supervisor will use their best judgment regarding supplemental sign placement in order to protect the public and local environment. Signs will not be removed until directed by Alameda County Environmental Health or the Collection System Supervisor. Creeks, streams and beaches that have been contaminated as a result of a spill will be posted at visible access locations until the risk of contamination has subsided to acceptable background bacteria levels. Document the number and location of posted signs. The area and warning signs, once posted, will be checked every day to ensure that they are still in place. Photographs of sign placement will be taken.

In the event that an overflow occurs at night, the location will be inspected first thing the following day. The field crew will look for any signs of sewage solids and sewage-related material that may warrant additional cleanup activities.

When contact with the local media is deemed necessary, the PW Communications Analyst or their designee will provide the media with all relevant information.

12. WATER QUALITY: (Ref. State Water Board Order No. WQ 2022-0103 DWQ (SSSWDR), Element 6, Attachment A - DEFINITIONs page A-5, Attachment E1 2.3 through 2.4 pages E1-5 through E1-8) SURFACE WATERS OF CONCERN:

The following waters of the State are in the City’s service area:
• Arroyo de Las Positas

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• Arroyo Del Valle
• Arroyo Mocho
• Arroyo Seco
WATER QUALITY SAMPLING AND TESTING:

For sewage spills in which an estimated 50,000 gallons or greater are discharged into a surface water, the City will conduct the following water quality sampling as soon as possible but no later than 18 hours after the City’s knowledge of a potential discharge to a surface water. The water quality sampling and testing procedures have been established and documented within the City’s Spill Emergency Response Plan (SERP).

SPILL TECHNICAL REPORT: Spill Technical Report for Individual Category 1 Spill in which 50,000 Gallons or Greater Discharged into a Surface Water For any spill in which 50,000 gallons or greater discharged into a surface water, within 45 calendar days of the spill end date, the LRO shall submit a Spill Technical Report to the online CIWQS Sanitary Sewer System Database. The Spill Technical Report, at minimum, must include the following information:
• Complete and detailed explanation of how and when the spill was discovered; • Photographs illustrating the spill origin, the extent and reach of the spill, drainage conveyance system entrance and exit, receiving water, and post-cleanup site conditions;
• Diagram showing the spill failure point, appearance point(s), the spill flow path, and ultimate destinations;
• Detailed description of the methodology employed, and available data used to calculate the discharge volume and, if applicable, the recovered spill volume; • Detailed description of the spill cause(s);
• Description of the pipe material, and estimated age of the pipe material, at the failure location;
• Description of the impact of the spill;
• Copy of original field crew records used to document the spill; and • Historical maintenance records for the failure location.

13. TRAINING
Training will be provided in accordance with the table below:

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14. NOTIFICATION, REPORTING, MONITORING AND RECORDKEEPING

REQUIREMENTS
(ref. ORDER WQ 2022-0103-DWQ Attachment E-1 and E-2)
REPORTING REQUIREMENTS:

All reporting required in this General Order must be submitted electronically to the online CIWQS Sanitary Sewer System Database (https://ciwqs.waterboards.ca.gov), unless specified otherwise in this General Order. Electronic reporting may solely be conducted by a Legally Responsible Official or Data Submitter(s) previously designated by the Legally Responsible Official, as required in section 5.8 (Designation of Data Submitters) of the State Water Board Order No. WQ 2022-0103 DWQ (SSSWDR).

The City shall report any information that is protected by the Homeland Security Act, by email to [email protected], with a brief explanation of the protection provided by the Homeland Security Act for the subject report to be protected from unauthorized disclosure and/or public access, and for official Water Board regulatory purposes only.

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Contact Alameda County Environmental Health if the spill may pose a threat to people, the environment or cause public concern. Examples of when to notify include:
• Cat 1 spill of 50k gal or greater
• Ongoing spill to public areas that will take longer than a day to stop and clean up • If public postings to impacted surface waters are placed Detailed regulatory reporting notification procedures have been established and documented within the City’s Spill Emergency Response Plan. (SERP) POST-SPILL ASSESSMENTS OF SPILL RESPONSE ACTIVITIES:
(ref. State Water Board Order No. WQ 2022-0103 DWQ (SSSWDR), Element 6, ATTACHMENT D, Page D-6) Every spill event is an opportunity to evaluate the City’s adherence to response and reporting procedures and effectiveness of the response. Each spill event is unique, with its own elements and challenges including volume, cause, location, terrain, climate, and other parameters.

As soon as possible, after spill events all the participants, from the person who received the call to the last person to leave the site, will meet to review the procedures used and to discuss what worked and where improvements could be made in responding to and mitigating future spill events. The results of the debriefing will be documented and tracked to ensure the action items are completed as scheduled.

15. SPILL RESPONSE TRAINING
(ref. State Water Board Order No. WQ 2022-0103 DWQ (SSSWDR), Element 6, Attachment D 4.3 page D-5 and Element 6-page D-6)
This section provides information on the training that is required to support this Spill Emergency Response Plan.

All City personnel who may have a role in responding to, reporting, and/or mitigating a sewer system spill will receive training on the contents of this SERP. All new employees will receive training before they are placed in a position where they may have to respond.

Current employees will receive annual refresher training on this SERP and the procedures to be followed. The City will document all training.

Affected employees will receive annual training on the following topics by knowledgeable trainers:
• The requirements of State Water Board Order No. WQ 2022-0103 DWQ (SSSWDR), Element 6
• The City’s Spill Emergency Response Plan procedures and practice drills • Containment and cleanup methods • Researching and documenting Sanitary Sewer Spill Start Times
• Skilled estimation of spill volume for field operators

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• Impacted Surface Waters: Sample location selection, sampling, and documentation procedures
• Electronic CIWQS reporting procedures for staff submitting data • State Water Resources Control Board Employee Knowledge Expectations SPILL RESPONSE DRILLS:

Periodic training drills or field exercises will be held to ensure that employees are up to date on these procedures, equipment is in working order, and the required materials are readily available. The training drills will cover scenarios typically observed during sewerrelated emergencies (e.g. mainline blockage, mainline failure, and lateral blockage). The results and the observations during the drills will be recorded and action items will be tracked to ensure completion
SPILL TRAINING RECORD KEEPING:

Records will be kept of all training that is provided in support of this SERP for 5 years. The records for all scheduled training courses and for each overflow emergency response training event will include date, time, place, content, name of trainer(s), names and titles of attendees, brief narrative description of the training, including training method(s) and training materials and/or equipment used.

CONTRACTORS WORKING ON CITY SEWER FACILITIES:

All contractors working on City sewer facilities will be required to follow the spill response instruction on the Sanitary Sewer Spill Response Instructions for Contractors. Additional training may be required depending on the nature of the work on any or all of the following:
• The requirements of State Water Board Order No. WQ 2022-0103 DWQ (SSSWDR) Element 6
• Communication procedures to City in the event a spill is caused or witnessed • The City’s Spill Emergency Response Plan procedures and practice drills SEWER BACKUP INTO/ONTO PRIVATE PROPERTY CLAIMS HANDLING POLICY:

It is the policy of the City that a claims form shall be offered to anyone wishing to file a claim. The following procedures will be observed for all sewer overflows/backups into/onto private property:
• City staff will offer a City claim form irrespective of fault whenever it is possible that the sanitary sewer backup may have resulted from an apparent blockage in the City-owned sewer lines or whenever a City customer requests a claim form. The claim may later be rejected if subsequent investigations into the cause of the loss indicate the City was not at fault.

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• It is the responsibility of the Sewer Crew to gather information regarding the incident and notify the Collection System Supervisor or his/her designee. • It is the responsibility of the City Risk Manager or their designee to review all claims and to oversee the adjustment and administration of the claim to closure.

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ELEMENT 7 – SEWER PIPE BLOCKAGE CONTROL PROGRAM
FATS, OILS, AND GREASE PROGRAM:

Fats, oils and grease (FOG) are a concern because they cause blockages that may result in discharges of untreated wastewater, i.e., sanitary sewer spills. This section provides an overview of the City of Livermore’s program to control FOG.

The Source Control Section of the City’s Water Resources Division developed the FOG Program in August 2006. Source Control then trained Collection System staff on proper field inspection techniques of grease traps (grease interceptors) in December 2006.

SWRCB Requirements:

Each Enrollee shall evaluate its service area to determine whether a sewer pipe blockage program is needed. If an Enrollee determines that a program is not needed, the Enrollee must provide justification for why it is not needed. If Fats, Oils, Grease (FOG) is found to be a problem, the Enrollee must prepare and implement a FOG source control program to reduce the amount of these substances discharged to the sanitary sewer system. This plan shall include the following as appropriate:
(a) An implementation plan and schedule for a public education outreach program that promotes proper disposal of pipe-blocking substances; (b) A plan and schedule for the disposal of pipe-blocking substances generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of FOG generated within a sanitary sewer system service area; (c) The legal authority to prohibit discharges to the system and identify measures to prevent spills and blockages caused by FOG; (d) Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, BMP requirements, record keeping and reporting requirements; (e) Authority to inspect grease producing facilities, enforcement authorities, and whether the Enrollee has sufficient staff to inspect and enforce the FOG ordinance;
(f) An identification of sanitary sewer system sections subject to FOG blockages and root causing blockage; establishment of a cleaning maintenance schedule for each section; and
(g) Development and implementation of source control measures for all sources of FOG discharged to the sanitary sewer system for each section identified in above.

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Beginning in February 2007, Source Control staff met with each Food Service Establishment with a grease trap to discuss FOG Program requirements; issue each a binder that includes cleaning frequency log sheets for recordkeeping; a copy of the Livermore Municipal Code sections that pertain to the establishment; a list of grease hauling and tallow rendering companies; and best management practices. Since then, Collection System staff has been inspecting the grease traps/grease interceptors and the cleaning log sheets annually, working with Source Control staff to promote and ensure proper disposal of FOG.

Legal authority to prohibit discharges to the sanitary sewer system, and identify measures to prevent sanitary sewer overflows and blockages caused by FOG, is provided by Livermore Municipal Code Section 13.32.060 General Discharge Prohibitions. Authority to inspect grease producing facilities and enforcement authority is provided by Livermore Municipal Code Sections 13.32.320 and 13.32.430, respectively.

As detailed Section 13.32.330 E1 of the Livermore Municipal Code requires all facilities where food is prepared or served shall comply with the following:
“New and Existing Food Service Establishments. All new food service establishments are required to install, operate, and maintain an approved type and adequately sized grease interceptor with a minimum capacity of 750 gallons necessary to maintain compliance with the objectives of this chapter. Any existing food service establishment that does not have an approved grease interceptor with a minimum capacity of 750 gallons with planned modifications that include a building permit evaluation of $50,000 or greater will be required to install a grease interceptor pursuant to the requirements of this chapter.

Additionally, upon notification by the water resources division manager, any and all food service establishments found to have grease blockages, having a history of causing grease blockages, or causing accelerated line maintenance resulting from its wastewater discharges shall be required to install a grease interceptor pursuant to the requirements of this chapter.

Grease interceptor sizing and installation shall conform to the current edition of the California Plumbing Code. Grease interceptors shall be constructed in accordance with a design approved by the water resources division manager and shall have a minimum of two compartments with fittings designed for grease retention. Grease interceptors shall be installed at a location where it shall be easily accessible for inspection, cleaning, and removal of intercepted grease. All such grease interceptors shall be serviced and emptied of accumulated waste content as required in order to maintain minimum design capability.

Use of biological or chemical additives for grease remediation or as a supplement to grease interceptor or grease trap maintenance is prohibited. Sanitary wastes from water closets, urinals, garbage disposals, and high temperature dishwashers are not allowed to be connected to sewer lines intended for grease interceptor service.

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Grease interceptors required under this chapter shall be installed unless the water resources division manager deems that the installation of a grease interceptor would not be feasible and authorizes the installation of an indoor grease trap or other alternative pretreatment technology. Alternative pretreatment technology includes, but is not limited to, devices that are used to trap, separate and hold grease from wastewater and prevent it from being discharged into the sanitary sewer collection system. All alternative pretreatment technology must be appropriately sized and approved by the water resources division manager. The food service establishment bears the burden of demonstrating that the installation of a grease interceptor is not feasible. If a food service establishment believes the installation of a grease interceptor is infeasible, because of documented engineering or other constraints, the request for alternate pretreatment technology shall contain the following information: location of sewer main and any easements in relation to available exterior space outside the building; existing building and site plumbing line plan that uses common plumbing for all services at that site; proposed drawings, specifications, and plans for alternative pretreatment technology.

Food service establishments equipped with an oil and grease interceptor or approved alternative are required to maintain such devices as frequently as necessary to:
a. Provide for a minimum hydraulic retention time in accordance with the California Plumbing Code;
b. Remove any accumulated grease cap and sludge pocket as required. Grease interceptors shall be kept free of inorganic solid materials such as grit, rocks, gravel, sand, eating utensils, cigarettes, shells, towels, rags, etc., which could settle into this pocket and thereby reduce the effective volume of the device.

Food service establishments may request a variance from the specified interceptor maintenance frequency by submitting documentation demonstrating that the device shall maintain proper function under an alternative maintenance schedule. Variance requests are subject to the approval of the water resources division manager.

The food service establishment shall maintain a written record of all inspection, maintenance, pumping and hauling activities. The food service establishment shall also keep copies of these records for the preceding two years and shall make these records available for on-site inspection during all operating hours”.

ROOT CONTROL PROGRAM
Sanitary sewer main lines and lateral sewer pipeline cleaning are performed daily.

Several mainlines have been identified as “Root Problems” which require more frequent

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cleaning or foaming depending on the condition of the sewers. These scheduled root problem locations are cleaned on a selective cleaning schedule and/or root foamed as needed. Cleaning and televising of the line are documented on work orders and kept in digital files. Video records are made of significant root intrusion and are treated by a qualified chemical applicator. The Collection System Section has set goals of performing a root foam project yearly. Current budgeted amount to perform these tasks has a not to exceed amount of $300k for a three-year period. A map of currently recognized root foaming (2019-2025) is shown in Figure 7.1. Root Problems are evaluated annually and are adjusted as needed
FIGURE 7.1 ROOT FOAMING (2019-2025)

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OUTREACH
The City maintains a robust outreach program – often in collaboration with County and Regional partners to educate the public on reducing pollution and addressing potential issues. The following webpages are managed and maintained by staff:
• https://www.livermoreca.gov/departments/public-works/waterresources/wastewater-service/prevent-sewer-issues • https://www.livermoreca.gov/departments/public-works/waterresources/wastewater-service/industrial-pretreatment-program The City also maintains a webpage to encourage the reporting of any issue:
• https://www.livermoreca.gov/departments/public-works/water-resources/reportan-issue In addition, the City regularly rolls out messages on its social media platforms to remind its residents of these webpages and the resources available to them. The City uses the following social media channels: Facebook, Instagram, LinkedIn, NextDoor.

In 2025, the Public Works Department is collaborating with Livermore Library and City Hall staff to post regular flyers for the general public. The flyers are rotated each month with new messaging.

As a matter of practice, the City also provides hand-outs, flyers, giveaways and other materials to the public during outreach opportunities such as Farmers Markets and special events.

Public Tours of the Water Reclamation Plant, and the City’s annual Keys to the City program also provide an opportunity for staff to share information and resources with the general public, school teachers, and informed citizens.

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ELEMENT 8 – SYSTEM EVALUATION, CAPACITY ASSURANCE,

CAPITAL IMPROVEMENTS
SWRCB Requirements
The Enrollee shall prepare and implement a capital improvement plan (CIP) that will provide hydraulic capacity of key sanitary sewer system elements for dry weather peak flow conditions, as well as the appropriate design storm or wet weather event. At a minimum, the plan must include:
(a) System Evaluation and Condition Assessment: Actions needed to evaluate those portions of the sanitary sewer system that are experiencing or contributing to a spill discharge caused by hydraulic deficiency. The evaluation must provide estimates of peak flows (including flows from spills that escape from the system) associated with conditions similar to those causing overflow events, estimates of the capacity of key system components, hydraulic deficiencies (including components of the system with limiting capacity) and the major sources that contribute to the peak flows associated with overflow events; and evaluate the sanitary sewer system assets utilizing the best practices and technologies available; and identify and justify the amount of its condition to be assessed each year (b) Design Criteria: Where design criteria do not exist or are deficient, undertake the evaluation identified in (a) above to establish appropriate design criteria; and
(c) Capacity Assessment: The steps needed to establish a short- and longterm CIP to address identified hydraulic deficiencies, including prioritization, alternatives analysis, and schedules. The CIP may include increases in pipe size, I/I reduction programs, increases and redundancy in pumping capacity, and storage facilities. The CIP shall include an implementation schedule and shall identify sources of funding.
(d) Prioritization of Corrective Actions: The findings of the condition assessments and capacity assessments must be used to prioritize corrective actions. Prioritization must consider the severity of the consequences of potential spills
(e) Capital Improvement Plan: The Enrollee shall develop a schedule of completion dates for all portions of the capital improvement program developed in (a)-(d) above. This schedule shall be reviewed and updated consistent with the SSMP review and update requirements as described in Section D. 14.

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SYSTEM EVALUATION AND CONDITION ASSESSMENT
The City executes a comprehensive condition assessment program using visual observations, video surveillance and other comparable system inspection methods, utilizing the best practices and technologies available. All CCTV assessments are graded using NASSCO’s Pipeline Assessment Certification Program (PACP). These assessments include:
• Documenting inspections on all gravity pipes and manholes, including force mains and siphons
• Prioritizing condition assessments based on risk, identifying high-risk assets, and identifying locations with a history of failures
• Updating a risk matrix based on likelihood and consequence of failure for the sanitary sewer system
• Prioritizing projects based on risk scoring
• Evaluating asset age to help prioritize maintenance and repair efforts • Maintaining documentation of system evaluation and condition assessment inspections and activities

CAPACITY ASSESSMENT AND DESIGN CRITERIA
The 2017 Sewer Master Plan identified projects to address existing hydraulic capacity problems in the sewer system and provide additional hydraulic capacity to serve future development. The following projects were identified:
• One major sewer upsizing project to support near-term improvements. • Three smaller sewer upsizing projects to support near-term improvements. • Four pump station condition assessment projects to support long-term improvements.
• Implement a flow monitoring project to support near-term improvements. • One smaller sewer upsizing project to support buildout improvements. • One pump station upsize project

PRIORITIZATION OF CORRECTIVE ACTIONS
City staff use the findings of the condition and capacity assessments to prioritize corrective actions. In this process, staff uses all available data and considers the severity of the consequences of potential spills.

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CAPITAL IMPROVEMENT PLAN
The City maintains a Capital Improvement Plan (CIP) that incorporates the findings of the Sewer Master Plan, Sewer Asset Management Plan, and staff observations. The hydraulic model is used to identify capacity projects in the sewer system; video inspections and output from the Asset Management Plan are used to identify rehabilitation projects. Typically, the City budgets up to $600,000 each year to replace the most deteriorated pipes. This amount is consistent with the findings in the 2012 Asset Management Plan for the Collection System. The City updates the CIP Program every two years. The CIP Program contains most of the near-term improvement projects identified in the Sewer Master Plan and identifies rehabilitation projects over a five-year horizon. Regular meetings are held between Engineering, Consultants, and Collection section staff to help keep upcoming projects on schedule.

Upcoming projects in the current CIP are listed in Table 8.1 below.

TABLE 8.1 PROJECTS IN CURRENT CIP PROGRAM
Anticipated
Construction
Project
Number Description
FY 2026-27 2014-14 Springtown trunkline replacement as part of future high school construction
FY 2025-26 2020-03
Upsizing and replacing existing sewer pipe along
South S Street and Holmes Street to reduce the potential for sewer overflows. Phase 1
FY 2027-29 2025-03 Sanitary sewer replacement and improvements - Phase 2 FY 2030-31 2025-12 Airport lift station improvements

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ELEMENT 9 – MONITORING, MEASUREMENT, AND PROGRAM

MODIFICATIONS
The City of Livermore meets the requirements of Monitoring, Measurement, and Program Modifications of the State Water Resources Control Board reissued Order No. WQ 2022- 0103-DWQ. In summary:
(1) The City monitors the implementation of the SSMP and measures the effectiveness of elements of the SSMP by developing and tracking Key Performance Indicators (KPIs) on an annual basis.
(2) By tracking KPIs, the City is able to assess the success of the preventive maintenance program.
(3) The City has assigned the Public Works Supervisor – Collections as the staff person responsible for reviewing the SSMP biannually in order to update program elements as needed.
(4) The City tracks locations and volumes of all spills In order to monitor the implementation and measure the effectiveness of the SSMP, the City tracks several KPIs (annually, unless otherwise noted), including:
• Number of spills
• Location of all spills over the past 5 years (60 months) • Number of spills per 100 miles of sanitary sewer (spill rate) • Miles of gravity mainlines cleaned
• Miles of gravity mainlines CCTV inspected
• Number of service response calls received
• Number of lower lateral inspections completed
SWRCB Requirements
The Enrollee shall:
(a) Maintain relevant information that can be used to establish and prioritize appropriate SSMP activities;
(b) Monitor the implementation and, where appropriate, measure the effectiveness of each element of the SSMP;
(c) Assess the success of the preventative maintenance program; (d) Update program elements, as appropriate, based on monitoring or performance evaluations; and
(e) Identify and illustrate spill trends, including: frequency, locations, and volumes.

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In addition to tracking the KPIs listed above, the Public Works Supervisor – Collections reviews all sections of the SSMP biannually for effectiveness and timeliness. The SSMP is to be a living document which is continually edited and updated (and edits maintained/included in the change log). The collection system staff is consulted during the review to assist in identifying potential areas for improvement.

A comprehensive SSMP update will occur every six years, as required by the SWRCB.

City staff will seek the approval of the City Council for any significant changes to the SSMP. The authority for approval of minor changes such as employee names, contact information, or procedural changes has been delegated to the Public Works Director.

The City tracks the locations and causes of all spills, service response calls, and maintenance activities within the sanitary sewer system. The City documents all maintenance activity information, including historical data and relevant facts, using a Computer Maintenance Management System (CMMS).

The City’s total number of Spill’s in calendar years 2019-2024, is shown in Figure 9.1.

FIGURE 9.1 TOTAL SPILLS: 2019-2024
The City’s SSMP will be modified to include operational changes that affect the SSMP elements. Successes and needed improvements of the SSMP will be reviewed as part of the SSMP biannual audit using information from the performance indicators and staff input.
0 1
2 3
4 5
2019 2020 2021 2022 2023 2024
3 5
4 2
5 3
Total SSOs
Calendar Year
Total SSOs: 2019-2024

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ELEMENT 10 – INTERNAL AUDITS
City of Livermore staff will conduct an internal audit of the SSMP at least once every three years. The audit will result in a report of the findings, including the identification of any deficiencies in the SSMP and proposed steps to correct them. The three-year frequency is the maximum allowed by the regulation; however, this frequency is appropriate to the size of the City’s collection system and the historical number of overflows and should be sufficient to identify any necessary improvements to the SSMP. The City will further assess the need to update its SSMP more frequently based on the performance of its sanitary sewer system using information from the selected KPIs and input from staff. All elements of the SSMP will be reviewed using an audit checklist. The audit checklist includes comments regarding recently completed program updates and any recommendations for future actions, changes, or adjustments to an element.

The City will update its SSMP at least every six years. The first update was completed in July 2014 and again July 2019. A recent audit was performed in 2023, and all actions, changes, and adjustments were noted on an audit checklist. Please see the most recent audit results attached as Appendix A.

SWRCB Requirements:

As part of the SSMP, the Enrollee shall conduct periodic internal audits, appropriate to the size of the system and the number of spills. At a minimum, these audits must occur every three years. After the end of the required three audit period, The Legally Responsible Official (LRO) shall submit an audit report into the online CIWQS Sanitary Sewer System Database per the requirement. This audit shall focus on evaluating the effectiveness of the SSMP and Enrollee’s compliance with the SSMP requirements identified, including identification of any deficiencies in the SSMP and steps to correct them.

EXHIBIT A
315
58 June 30, 2025
ELEMENT 11 – COMMUNICATION PROGRAM
The City communicates with the public, as appropriate, for spills and discharges resulting in closures of public areas or that enter a drinking water source by posting signs informing people to remain out of affected area, agency name and contact information. Affected areas will be cordoned off as feasible and personnel will be present to ensure no one enters the affected area. The City communicates on the development, implementation, and performance of the SSMP through the City’s website and newsletters. Information on the sewer system and a link to SSMP is available on the City’s website at:
https://www.livermoreca.gov/wrd.

A link to the SSMP is also available on the California Integrated Water Quality System (CIWQS) website at www.waterboards.ca.gov/ciwqs/
When updating the SSMP, the City provides the public with the opportunity to offer input at a public meeting of the City Council to review and certify the SSMP.

SWRCB Requirements
The Enrollee shall communicate, as appropriate, with the public for spills and discharges resulting in closures of public areas, or that enter a source of drinking waters. The Enrollee shall communicate on a regular basis with the public on the development, implementation, and performance of its SSMP. The communication system shall provide the public the opportunity to provide input to the Enrollee as the program is developed and implemented. The Enrollee shall also create a plan of communication with systems that are tributary and/or satellite to the Enrollee’s sanitary sewer system.

EXHIBIT A
316
59 June 30, 2025
APPENDIX A – AUDIT RESULTS

EXHIBIT A
317
City of Livermore
Sewer System Management Plan
2022 - 2023 SSMP Audit
March 2024
Appendix A 1

EXHIBIT A
318
Table of Contents
Section Page

1. Introduction 2

2. Regulatory Requirements for SSMP Audits 3

3. 2022 - 2023 SSMP Audit 4

4. SSMP Effectiveness 5

5. SSMP Compliance 6
Appendix A: 2022 - 2023 SSMP Audit Checklist 7
Appendices
Appendix A-1: 2022 - 2023 SSMP Audit
Checklist
Appendix A 2

EXHIBIT A
319

1. Introduction
The intent of the audit is to determine whether the SSMP complies with Region 2 and State GWDR requirements, whether the SSMP reflects current City practices, and whether the SSMP is effective in reducing SSOs. The audit fulfills the SSMP Audit requirements of both the RWQCB (Element 10) and the SWRCB GWDR (5.4 SSMPA). This City of Livermore SSMP audit covers CY 2022 - 2023. The Revised Order 2022-0130-DWQ SSMP is due to be submitted to the RWQCB by May 02, 2025, along with the Annual Report of SSOs. Annual audits will be kept on file at the City for five years.

2. Regulatory Requirements for SSMP Audits
The summarized requirements for SSMP Audits element of the SSMP are:

RWQCB Requirement:

The City shall conduct a biennial audit of its SSMP which includes any deficiencies and steps to correct them (if applicable), appropriate to the size of its system and the number of overflows.

SWRCB Requirement:

As part of the SSMP, the City shall conduct periodic internal audits, appropriate to the size of its system and the number of SSOs. At a minimum, these audits must occur every two years and a report must be prepared and kept on file. This audit shall focus on evaluating the effectiveness of the SSMP and the City’s compliance with the SSMP requirements, including identification of any deficiencies in the SSMP and steps to correct them.

3. 2023 SSMP Audit
The City conducts a biennial audit of its SSMP. The goal of the audit is to determine whether the SSMP complies with current requirements of the GWDR, whether the SSMP reflects current practices, and whether the SSMP is effective in reducing SSOs.

Program effectiveness is evaluated by a review of performance indicators and discussion of SSMP and sewer system improvements.

Program compliance is evaluated by review of SSMP elements using the Audit Checklist. The Audit Checklist includes comments regarding recently completed program updates and recommendations for future actions.

4. SSMP Effectiveness
Performance
Performance indicators, collected as part of Element IX (Monitoring, Measurement, and Program Modifications) have been reviewed to identify patterns and trouble areas needing improvement. Performance indicators for 2022 - 2023 are summarized in Table 1.

Program and System Improvements
This report describes the City of Livermore’s SSMP program audits and its associated tasks. This SSMP audit is being performed to:
• Evaluate the effectiveness of the current SSMP program • Identify potential weaknesses of the current SSMP program • Determine improvement opportunities for modifying the current SSMP program Appendix A 3

EXHIBIT A
320
WDR Requirements for SSMP Element 10: SSMP Program Audits As part of the SSMP, the Enrollee shall conduct periodic internal audits, appropriate to the size of the system and the number of SSOs. At a minimum, these audits must occur every two years and a report must be prepared and kept on file. This audit shall focus on evaluating the effectiveness of the SSMP and the Enrollee’s compliance with the SSMP requirements identified in this subsection (D.13), including identification of any deficiencies in the SSMP and steps to correct them.

The City of Livermore’s Compliance Approach – As Stated in the SSMP The City will produce internal audits every two years to determine the effectiveness of the SSMP elements and programs.

The program audit will include a review of relevant data and trends maintained as part of the SSMP Monitoring and Measurements Program to determine opportunities to improve compliance with the SSMP requirements. A prioritized list of improvement opportunities will be updated as part of the audit program. Improvement Opportunities will be used to prioritize and develop program modifications and will be initiated based on priority and available funding. An overview of SSMP related work completed between audits will be included in the program audit.

The program audit will include a final report reviewing the City of Livermore’s performance and identifying findings. The report will be posted on the City’s website and will be kept on file.

The City of Livermore Sewer Collection System Description and Performance The City of Livermore’s Sewer Collection System, including trunk sewers consists of approximately 305 miles of gravity sewers ranging from 4 inches to 60 inches in diameter and approximately 1.5 miles of force mains ranging from 8 inches to 10 inches in diameter. The conveyance system also consists of four lift stations, one siphon, and flow meters. From January 2022 through December 2023, the City of Livermore’s Sewer Collection System has had a total of four SSO’s.

Reported to the California Integrated Water Quality System (CIWQS) as detailed in Table 1.

Appendix A 4

EXHIBIT A
321
Table 1: CIWQS Summary of Livermore’s SSOs CY 2022 – 2023 Consider the relatively low number of SSO’s compared to the miles of sewer mains in Livermore’s sewer collection system. The following audit program has been developed for the system.

Audit Tasks

1. Compare SSMP with current operation and maintenance activities and priorities, and update or amend accordingly.

2. Continue to evaluate section budgets and resources to support effective sewer system and long-term goals.

3. Review maintenance Preventative/Predictive work orders, adjust scheduling as needed based on findings.

SSO Cat Start Date SSO Address SSO
Volume
Volume
Recovere
d
Volume
Reached
Surface
Water
SSO
Cause
CAT 3 1/7/2022 1675 Park St. 6 6 0 Roots
CAT 3 2/1/2022 2583 Eighth
St. 20 0 0 Unknown
CAT 3 4/8/2023 628 Jensen
St. 10 10 0 Roots
CAT 3 4/12/202 887 Hanover
Wy. 46 46 0 Roots
Appendix A 5

EXHIBIT A
322

4. Review condition assessment/rehabilitation strategy and ensure that the condition assessment/rehabilitation schedule is current and relevant.

Conclusion
The City of Livermore’s existing SSMP elements and programs, after being updated, are effective for its type of collection system.

With the four total SSO events during the year 2022 - 2023 the City’s performance is favorable when compared to other City/districts with similar size collection systems. The volume of Livermore’s SSOs, both average per event and total volume spilled is on par or better than other City/districts in Region 2.

Livermore’s SSO’s were mainly attributed to root masses from permitted lower laterals. To address aging infrastructure, offsets and root intrusion, the City has an ongoing lateral program for maintenance of deteriorating laterals discovered during inspections and televising. The City also aggressively monitors, cleans and chemically treats for roots in any mains located within the sewer system, as well as any mains with a history of root intrusion. This program has been in place since 2009 and will continue indefinitely.

The City has an ongoing main line replacement program, where damaged or deteriorated mains are replaced or repaired as they are discovered.

The SSMP and the City’s operation and maintenance strategies are essential elements used to manage, operate, and maintain all parts of the sewer collection system, and are continually being evaluated and improved upon. Although this audit identified few improvement opportunities, most of the updates of the SSMP are administrative in nature, and do not detract from the effectiveness of the SSMP.

Improvement Opportunities
The following improvement opportunities have been identified based on this audit.

SSMP Section Updates
Date
Updated
Goals No changes, chapter still relevant to organization's mission. July 2019 Organization
Updated contact info, assignments, and org chart due to Department recent staffing changes and hires. May 2023
Operation & Maintenance Updated Staffing Ongoing
Design & Performance
Provisions No Changes, chapter still relevant to organization's mission. July 2019 Overflow Emergency
Response Plan Updated to SERP, training provided May 2023 Appendix A 6

EXHIBIT A
323
Fats, Oils, & Grease (FOG)
Control Program No changes, chapter still relevant to organization's mission. July 2019 System Evaluation &
Capacity Assurance Plan No Changes, chapter still relevant to organization's mission.

March
2021
Monitoring, Measurement &
Program Modifications SSO info, table, staffing and resources. May 2023 SSMP Program Audits Included Calendar Year 2022 - 2023 SSMP Audit. May 2023 Communication Program No Changes, chapter still relevant to organization's mission July 2019

5. SSMP Compliance
The Audit Checklist is used to demonstrate the City’s compliance with Region 2 and State GWDR requirements for sanitary sewer systems. The audit checklist indicates whether each SSMP element is compliant, describes recent revisions or updates and recommends future actions to maintain effective SSMP elements that reflect current City practices. The Audit Checklist, completed for CY 2022 - 2023, is included in Appendix A.

Appendix A 7

EXHIBIT A
324
Appendix A-1: 2023 SSMP Audit Checklist
Appendix A 8

EXHIBIT A
325
Element
Title Requirement
Compliant
Current
Comments
I Goals Reduce, prevent, and
mitigate SSOs
Y Y No changes, chapter still
relevant to organization
mission.

II Organization Designate Legally
Responsible Official (LRO)
Y Y No changes recommended.

Organization Chart Y The Organization Chart (Figure

2.1) reflects staffing from
FY2019 and will require
updating to reflect retirements
and new hires.

Names and phone
numbers for key personnel
Y Y Contact information for key
personnel (Table 2.1) has been
updated.

Chain of communication for
reporting SSOs
Y Y No changes recommended.

III Legal Authority Prevent illicit discharges to
sanitary sewer system
Y Y No changes recommended.

Require sewers and
connection be properly
designed and constructed
Y Y No changes recommended.

Limit discharge of FOG and
debris that may cause
blockages
Y Y No changes recommended.

Ability to inspect FOG
producing facilities
Y Y Currently in Nexgen CMMS
Enforce violations of the
City ordinances
Y Y No changes recommended.

IV O&M Program Maintain up-to-date maps
of the sanitary sewer
system
Y Y GIS based mapping for field
application (ESRI) has been
fully implemented. Updated as
needed
Describe routine preventive
maintenance program
Y Y Updated with current PM
schedules within Negen CMMS
Document completed
preventive maintenance
Y Y Currently in Nexgen CMMS
Appendix A
APPENDIX A-1: 2022 - 2023 Audit
checklist
9 EXHIBIT A
326
APPENDIX A: 2022 - 2023 Audit checklist Element
Title Requirement
Compliant
Current
Comments
O&M Program
(cont’d)
Allocation of sufficient
funds for the effective
operation, maintenance
and repair of the
wastewater collection
system
Y Y Reviewed periodically and
updated as required.

Provide regular technical
training for sewer system
staff
Y Y Staff attend CWEA trainings
and supervisor is member of
SF-bay section Collection’s
committee
Maintain equipment
inventory
Y Y Reviewed periodically and
updated as required.

Maintain critical spare part
inventory
Y Y Reviewed periodically and
updated as required.

V Design and
Performance
Provisions
Design and construction
standards for new sanitary
sewer system facilities
Y Y Standard Details updates FY
2022 and scheduled to be
completed FY 2023
Design and construction
standards for repair and
rehabilitation of existing
sanitary sewer system
facilities
Y Y Standard Details updates FY
2022 and scheduled to be
completed FY 2023
VI Overflow
Emergency
Response Plan
(OERP)
Is the City’s SSO and
Backup Response Plan,
that establishes procedures
for emergency response,
notification, and reporting,
current and effective
Y OERP is scheduled for
updated to SERP FY 2023
Has the City staff been
properly trained on the
procedures of the Sanitary
Sewer Overflow and
Backup Response Plan
Y Training to take place on new,
updated SERP FY 2023
Program to ensure
appropriate response to all
SSOs
Y Y Training provided, reviewed
periodically, and updated as
required.

Proper reporting of all
SSOs
Y Y Training provided, reviewed
periodically, and updated as
required.

Appendix A 10 EXHIBIT A
327
Element
Title Requirement
Compliant
Current
Comments
O.E.R.P. (cont’d) Procedure to ensure City
staff are aware of and
follow OERP
Y Y Training provided, reviewed
periodically, and updated as
required.

Procedure to ensure
contractor personnel are
trained in the OERP
procedures
Y Y Training provided, reviewed
periodically, and updated as
required.

Program to prevent the
discharge of sewage to
surface waters
Y Y Training provided, reviewed
periodically, and updated as
required.

Program to minimize or
correct the impacts of any
SSOs that occur
Y Y All SSO’s are reviewed and
debriefed with Collection’s staff
VII FOG Control
Program
Identification FOG-related
problems
Y Y Currently in Nexgen CMMS
Public outreach program
that promotes the proper
disposal of FOG
Y Y No changes recommended.

Demonstrate that the City
has allocated adequate
resources for FOG control
Y Y No changes recommended.

Program of preventive
maintenance for sanitary
sewer system facilities that
have FOG-related
problems
Y Y Currently in Nexgen CMMS
VIII System Evaluation
and Capacity
Management
Identification of elements of
the sanitary sewer system
that experience or
contribute to SSOs caused
by hydraulic deficiencies
Y Y No changes recommended.

Established design criteria
that provide adequate
capacity
Y Y Master Plan ensures that
sewer system capacity is
adequate to serve existing and
future development.

Long term CIP that
provides for future capacity
needs
Y Y CIP project for sewer system
improvements is currently
being developed by
Engineering section.

Scheduled for construction FY
2024
Appendix A
APPENDIX A-1: 2022 - 2023 Audit
checklist
11 EXHIBIT A
328
Element
Title Requirement
Compliant
Current
Comments
IX Monitoring,
Measurement, and
Program
Modifications
(MMPM)
Maintain relevant
information to establish,
evaluate, and prioritize
SSMP activities
Y Y Reviewed periodically and
updated as required.

Monitor implementation of
the SSMP
Y Ongoing
Measure, where
appropriate, performance
of the elements of the
SSMP
Y Y Reviewed periodically and
updated as required.

Assess success of the
preventive maintenance
program
Y Y Reviewed periodically and
updated as required.

Update SSMP program
elements based on
monitoring or performance
Y Y SSMP to be updated in 2025
Identify and illustrate SSO
trends
Y Y Reviewed within CIWQS
X SSMP Program
Audits
Conduct periodic audits Y Y Audits are performed biennial.

Review Spill history and
volumes, compared to
State volumes
Y Y Done yearly
Record changes made
and/or corrective actions
taken
Y Y Audit change log is updated
XI Communications
Program
Communicate with the
public regarding the
preparation of the SSMP
Y Y Access to the SSMP via the
city website
City’s website contains the
most current SSMP
Y Y Access to the SSMP via the city
website
Appendix A
APPENDIX A-1: 2022 - 2023 Audit
checklist
12 EXHIBIT A
329
CITY COUNCIL STAFF REPORT ITEM NO. 5.11
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Carl Brown, Public Works Director
SUBJECT: Resolution ratifying the execution of a sixth amendment to the agreement with Tri-Valley Janitorial Service and Supply, Inc. for janitorial services to increase the not-to exceed amount by $199,000 from $1,729,454 to $1,928,454 and extend the term through October 31, 2025.

RECOMMENDED ACTION
Staff recommends City Council adopt a resolution ratifying the execution of a sixth amendment to the agreement with Tri-Valley Janitorial Service and Supply, Inc. (Tri-Valley Janitorial) for janitorial services to increase the not-to-exceed amount by $199,000 from $1,729,454 to $1,928,454 and extend the term through October 31, 2025.

SUMMARY
On May 14, 2019, the City of Livermore entered into an agreement with Tri-Valley Janitorial to provide janitorial services for all City facilities for a term of three years with optional extensions of two additional three-year terms. The term of the original agreement after one three-year extension expired on June 30, 2025. Staff recommends City Council authorize the City Manager to execute a sixth amendment so the City may continue to receive janitorial services.

DISCUSSION
The Maintenance Division of the Public Works Department is tasked with providing janitorial services to fourteen (14) different facilities, some of which include multiple buildings. The scope of work for the agreement for janitorial services consists of providing routine daily and periodic cleaning, emptying and proper disposal of trash, and the supplying consumable products such as toilet paper, paper towels, and hand soap to City facilities.

On July 28, 2020, the City Manager approved a first amendment to the original agreement to increase the total compensation and the scope of services to include additional services to the scope of work due to the Covid pandemic. On October 9, 2020, the City Manager approved a second amendment to the original agreement to increase the total compensation and update the scope of services to include 330
additional services at the City’s Cooling Center due to the Covid pandemic. On July 29, 2021, the City Manager approved a third amendment to the original agreement to increase the total compensation and update the pricing schedule and locations of services. On July 19, 2022, the City Manager approved a fourth amendment to extend the original agreement for a three-year term and to increase the total compensation. On February 21, 2023, the City Manager approved a fifth amendment to update the pricing schedule and locations of services.

The term of the sixth amendment is four months as the City has issued a Request for Proposals for janitorial services for a new agreement which will begin November 1, 2025.

The amendment has been executed to avoid a lapse in services due to the essential nature of janitorial services at all City facilities. Staff recommends City Council ratify the amendment to continue receiving janitorial services through the end of the term.

FISCAL AND ADMINISTRATIVE IMPACTS
The cost for the remainder of this agreement is $199,000 and is allocated in the Facilities organization code 614 and various departmental budgets for FY 2025-26.

COMMUNITY PILLARS
5: A City That Works
GOALS
14: Develop and maintain the City’s infrastructure, facilities, and property

ATTACHMENTS

1. Resolution

2. Exhibit A - Agreement
Prepared by: Marisa Gan
Management Analyst II
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
331
1 RESOLUTION NO. _______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION RATIFYING THE EXECUTION OF A SIXTH AMENDMENT TO THE

GENERAL SERVICES AGREEMENT WITH TRI-VALLEY JANITORIAL SERVICE AND SUPPLY, INC. FOR JANITORIAL SERVICES TO INCREASE THE NOT-TOEXCEED BY $199,000 FROM $1,729,454 TO $1,928,454 AND EXTEND THE TERM THROUGH OCTOBER 31, 2025
On May 14, 2019, the City Council adopted Resolution No. 2019-062 authorizing the City Manager to execute an agreement with Tri-Valley Janitorial Service and Supply Inc. (“Tri-Valley Janitorial”) for janitorial services at all City facilities. The term of the agreement was three years with an option to extend for two additional terms of three years each.

On July 28, 2020, Tri-Valley Janitorial and the City entered into a first amendment to the janitorial services contract to increase the total compensation for additional janitorial services due to the Covid pandemic.

On October 9, 2020, Tri-Valley Janitorial and the City entered into a second amendment to the contract to increase compensation for additional janitorial services at the City’s Cooling Center due to the Covid pandemic.

On July 29, 2021, Tri-Valley Janitorial and the City entered into a third amendment to the contract to increase compensation for janitorial services from the original SHALL NOT EXCEED sum of $1,680,000 total, to the SHALL NOT EXCEED sum of $1,772,500 total.

On July 19, 2022, Tri-Valley Janitorial and the City entered into a fourth amendment to the contract to increase compensation and extend additional janitorial services for a three-year term that SHALL NOT EXCEED sum of $1,763,650 total.

On February 21, 2023, Tri-Valley Janitorial and the City entered into a fifth amendment to the contract to remove a building that no longer needed janitorial services and correct compensation for janitorial services due to a miscalculation from the SHALL NOT EXCEED sum of $1,763,650 total to the SHALL NOT EXCEED sum of $1,729,454 total.

The City and Tri-Valley Janitorial desire to enter into a sixth amendment to the janitorial services agreement to increase the not-to-exceed amount by $199,000 from $1,729,454 to $1,928,454 and extend the term for an additional four-month period.

On June 17, 2025, the City Manager executed a sixth amendment for janitorial services to maintain these services for all City facilities pending ratification and approval of the sixth amendment by the City Council.
332
2 RESOLUTION NO. _______
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby:

1. Authorizes the City Manager, or her designee, to execute a sixth amendment to the agreement with Tri-Valley Janitorial Service and Supply Inc., attached hereto as Exhibit A, for janitorial services to increase the not-to-exceed amount by $199,000 and to extend the term through October 31, 2025.

2. Ratifies the sixth amendment to the agreement with Tri-Valley Janitorial Service and Supply Inc.,

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, including approving minor changes to the proposed agreement.

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on July 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 Senior Assistant City Attorney
Exhibit A – Sixth Amendment to General Services Agreement with Tri-Valley Janitorial Service and Supply Inc.
333
Amendment – General Services Page 1
Rev. 09/19/23

SIXTH AMENDMENT TO AGREEMENT FOR SERVICES
THIS SIXTH AMENDMENT is made and entered into this ____ day of ________, 2025, by and between the City of Livermore (“City”), a municipal corporation, and TriValley Janitorial Service & Supply, Inc. (“Contractor”), a California corporation.

RECITALS
On May 14, 2019, City and Contractor entered into an agreement for Contractor to provide janitorial services for all City facilities (“Original Agreement”). Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

On July 28, 2020, City and Contractor executed a First Amendment to the Original Agreement to increase the total compensation for additional janitorial services, due to the COVID pandemic, by $82,000 for a total not-to-exceed amount of $1,762,000. On October 9, 2020, City and Contractor executed a Second Amendment to the Original Agreement to increase compensation for additional janitorial services at the City Cooling Center, due to the COVID pandemic, by $10,500 for a total not-toexceed amount of $1,772,500.

On July 29, 2021, City and Contractor executed a Third Amendment to the Original Agreement to update the locations and pricing schedule in Exhibit C to the Original Agreement. On July 19, 2022, City and Contractor executed a Fourth Amendment to the Original Agreement to extend the contract term (for the first of two, three-year extensions) to June 30, 2025 and to adjust the not-to-exceed amount for the Services to $1,763,650. On February 21, 2023, City and Contractor executed a Fifth Amendment to the Original Agreement to adjust the scope of services and reduce the not-to-exceed amount to $1,729,454.

City and Contractor desire to amend the Original Agreement to: (1) increase compensation by approximately $199,000 for a total not-to-exceed amount of $1,928,454; and (2) extend the contract term (for a portion of the second, three-year extension period) through October 31, 2025. This is the sixth amendment to the Original Agreement.

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

1. The Original Agreement is amended as follows:

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

The total compensation payable by City to Contractor for the Services !%#

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$
% 
 

EXHIBIT A
334
Amendment – General Services Page 2
Rev. 09/19/23
SHALL NOT EXCEED the sum of $1,928,454 (“not-to-exceed amount).

City shall compensate Contractor for the Services rendered at the hourly rates set forth in Exhibit “C-6” to this Sixth Amendment up to the not-toexceed amount. Except as provided in the body of this Agreement, the hourly rates or task amounts are intended to be Contractor’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, travel expenses, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Contractor, its agents, and employees to provide the Services.

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

The term of this Agreement commences on July 1, 2019 and terminates upon the completion of the Services or October 31, 2025, whichever occurs first.

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

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

!%#

 &!"











EXHIBIT A
335
Amendment – General Services Page 3
Rev. 09/19/23
In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement effective on the date first written above.

CONTRACTOR: Dated:
____________________________ ___________________________ Amy Giomona
Vice President
CITY OF LIVERMORE: Dated:
____________________________ ____________________________ Marianna A. Burch
City Manager
APPROVED AS TO FORM:
___________________________
Deputy/Assistant/Senior Assistant/City Attorney
APPROVED AS TO INSURANCE:

Risk Manager/Analyst
Attachments:

Exibit C-6 - Pricing Schedule
!%#

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EXHIBIT A
336
Exhibit C-6 – Pricing Schedule
List the total monthly cost for janitorial service per location:

LOCATION

APPROXIMATE
SQUARE

FOOTAGE

MONTHLY COST
Airport- (6) hangar bathrooms 2,730 $1,105.23
Airport Terminal 3,900 $2,281.51
City Hall 53,128 $8,808.19
Fire Station 6 Training Area 1,024 $1,125.19
Civic Meeting Hall 21,910 $3,560.62
Library–Civic Center Library 52,715 $8,848.75
Library–Rincon Library 4,200 $1,276.62
Library–Springtown Library 2,392 $1,194.65
Livermore Valley Parking Structure 186,800 Day Porter
Livermore Valley Plaza restrooms 300 $1,055.74
Maintenance Service Center 8,126 $1,055.74
Multi-Service Center 10,000 $2,363.74
Police Department 34,876 $5,567.63
Water Resources 15,207 $3,186.95

OTHER ITEMS MONTHLY COST
Day Porter Services $4,320.75
Toilet paper, hand paper towels, seat
protectors, and hand soap
$3,556.17

10.25% Tax on consumables $364.51
TOTAL MONTHLY COST $49,671.97

MISCELLANEOUS
For any additional work completed outside of the maintenance scope described in Exhibit A shall be compensated at the below rates.

Regular Hourly Rate – weekdays and
weekends
$31.67 (minimum 3-hour charge)
Holiday Rate $42.81 (minimum 3-hour charge)
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EXHIBIT A
337
CITY COUNCIL STAFF REPORT ITEM NO. 5.12
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Tina Olson, Administrative Services Director
SUBJECT: Resolution authorizing write-off of accounts receivable balance

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the write-off of an accounts receivable balance of $320,480 for outlet mall police safety services.

SUMMARY
The City reviewed past due accounts receivable balances and determined the receivable for outlet mall police safety services is uncollectible. Per Administrative Regulation 2.0, write-off of an account with an outstanding balance due in excess of $100,000 must be approved by City Council resolution.

DISCUSSION
Invoices are issued for services or items provided by the City. These invoices are required to be prepared and authorized by the originating service area in a timely manner. It is the policy of the City to actively pursue collection of past due accounts receivable, regularly review the status of past due accounts and write-off amounts determined to be uncollectible.

Beginning in 2015, the City and Livermore Premium Outlets, LLC (“LPO”) engaged in discussions regarding public safety and security at the San Francisco Outlets (“Center”). In 2018, the City and LPO entered into an agreement stipulating that LPO would pay an annual assessment to the City for supplemental public safety services at the Center. The annual assessment was paid in Fiscal Years 2018-19 and 2019-20. When invoices were issued by the police department in Fiscal Years 2020-21 and 2021-22, the balances due of $320,480 were booked to accounts receivable but not paid by LPO. The City sought payment for these invoices, but LPO disputed the obligation to pay for services rendered over that time period.

During the same time period, LPO purchased an adjacent parcel of land to construct a parking facility and sought reimbursement from the City for the cost of the public improvements. To address the considerations of both parties, the City and LPO engaged in collaborative negotiations resulting in the 338
execution of a settlement agreement (Resolution 2024-214.) Per the agreement, LPO will fund public safety services at the Center beginning July 1, 2025.

In accordance with the City’s Administrative Regulation 2.0 (Billing, Collection, and Write-Off of Uncollectible Accounts), accounts eligible for write-off include those for which a legal settlement has been reached with the responsible party and a determination has been made as to the amount owed to the City. Under this criterion, the LPO accounts receivable booked for Fiscal Years 2020-21 and 2021-22 are eligible for write-off. The Administrative Regulation 2.0 policy dictates that write-off of an account with an outstanding balance due in excess of $100,000 must be approved by City Council resolution.

FISCAL AND ADMINISTRATIVE IMPACTS
The total LPO accounts receivable balance is $320,480. In Fiscal Year 2022-23, it was determined that it was probable the LPO accounts receivable would not be collected, and half of the total accounts receivable balance ($160,240) was booked to allowance for doubtful accounts and bad debt expense.

Adoption of the resolution will result in a write-off of the other half of the accounts receivable balance and bad debt expense of $160,240 will be booked in Fiscal Year 2024-25.

COMMUNITY PILLAR
5: A City That Works
GOAL
17: Ensure effective use of public resources

ATTACHMENTS

1. Resolution

2. Exhibit A - Administrative Regulation 2.0
Prepared by: Ann Furtado
Accounting Supervisor
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
339
1 RESOLUTION NO. _____

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING WRITE-OFF OF AN ACCOUNTS
RECEIVABLE BALANCE IN THE AMOUNT OF $320,480 FOR

LIVERMORE PREMIUM OUTLETS, LLC POLICE SAFETY SERVICES
Administrative Regulation 2.0, effective July 1, 2019, established policies and procedures for internal control, collection and write-off of accounts receivable.

Beginning in 2015, the City and Livermore Premium Outlets, LLC (“LPO”) engaged in discussions regarding public safety and security at the San Francisco Outlets (“Center”). In 2018, the City and LPO entered into an agreement stipulating that LPO would pay an annual assessment to the City for supplemental public safety services at the Center.

In Fiscal Years 2020-21 and 2021-22, the police department issued invoices to LPO and a corresponding accounts receivable balance of $320,480 was booked. The City sought payment for these invoices, but LPO disputed the obligation to pay for services rendered over that time period.

The City and LPO subsequently engaged in collaborative negotiations to address LPO funding of the City’s supplemental Center public safety services and an LPO reimbursement request from the City for the cost of public improvements. These negotiations resulted in the execution of a settlement agreement (Resolution 2024-214).

In accordance with Administrative Regulation 2.0, accounts eligible for write-off include those for which a legal settlement has been reached with the responsible party and a determination has been made as to the amount owed to the City. Per the established levels of authorization, write-off of an account with an outstanding balance due in excess of $100,000 must be approved by City Council resolution.

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

1. Finds that the LPO accounts receivable balance of $320,480 is eligible for write-off pursuant to Administrative Regulation 2.0, attached as Exhibit A.

2. Authorizes the write-off of an accounts receivable balance of $320,480 for outlet mall police safety services.

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

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 28, 2025, by the following vote:
340
2 RESOLUTION NO. _____
AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/Tara Mazzanti__________________ Deborah L. Elam Tara Mazzanti
City Clerk Senior Assistant City Attorney
Exhibit A – Administrative Regulation 2.0
341

EXHIBIT A
342

CITY OF LIVERMORE, CALIFORNIA
ADMINISTRATIVE REGULATIONS Number 2.0 Page 2 of 9
Subject
Billing, Collection, and Write-Off of Uncollectible
Accounts
Revision: 2019 Supersedes:

Approved By:

Marc Roberts
City Manager
Effective Date:
7/1/2019
must be authorized by a supervisor or by the Librarian in charge during that shift.

3. Account Adjustments
a. For utility billing related customer accounts, “Accounting Supervisor” is authorized to make account adjustments up to $500, per instance, for reasons such as leakage, billing errors, etc. Any account adjustment greater than $500 needs to be authorized by the Public Works Director or his/her designee. b. For all other customer accounts, immediate supervisor’s written approval is required.

C. Invoices are issued for services or items provided by the City and payment not received prior to or at the moment of the transaction. Invoices are required to be prepared and authorized by the originating service area in a timely manner. Invoices should be issued and mailed immediately after the delivery of the goods or service to the customer, and in any case not later than 30 days from such date.

D. Payment terms on all invoices shall be net 30 days unless otherwise specified.

E. A late fee and/or finance charge may be added to any account receivable invoice that is overdue as allowed by specific City Ordinances, contracts, compliance with regulatory directives or invoices billed to other government entities.

F. Departments shall have documented procedures which have been approved by the Administrative Services Director that clearly define steps necessary to record routine and nonroutine accounts receivable and cash receipting related transactions into the City’s financial system or Departments’ subsystems. Departments will create procedures if they are not currently in place. In addition, departments will review the procedures on a regular basis.

G. Departments that utilize their sub-system to record and collect accounts receivables must provide periodic detailed reports of such receivables to Finance Division.

H. The Finance Division shall maintain and record an allowance for doubtful accounts on an annual basis.

EXHIBIT A
343

CITY OF LIVERMORE, CALIFORNIA
ADMINISTRATIVE REGULATIONS Number 2.0 Page 3 of 9
Subject
Billing, Collection, and Write-Off of Uncollectible
Accounts
Revision: 2019 Supersedes:

Approved By:

Marc Roberts
City Manager
Effective Date:
7/1/2019
IV. INTERNAL CONTROLS
A. Efforts shall be made for the physical and electronic separation of duties and responsibilities between the following:
 Invoicing customers
 Approval of transactions
 Approval of adjustments
 Receipt of payments
 Custody of assets
 Accounting oversight
Where the separation of responsibility is precluded due to limited available personnel, departments will contact the Finance Division to assist in establishing, performing, documenting and retaining support of mitigating controls regularly.

V. CRITERIA
A. In general, the following criteria shall be used in determining accounts eligible for write-off from the City’s accounting records:

1. The accounts receivable is older than one year and collection efforts have been unsuccessful.

2. The responsible party has declared bankruptcy and it is reasonable to conclude that the debt will be discharged and the City will receive none or an insubstantial share of the asset of the bankruptcy estate.

3. A legal settlement has been reached with the responsible party and a determination has been made as to the amount owed to the City.

4. A court of law has denied the City a judgment for the money due.

5. The statute of limitations has expired for claiming the money due to the City.

6. The cost of further collection will exceed the amount recovered.

7. The debtor cannot be located.

B. In general, adjustments and late charge/finance charge waivers are allowed in the following situations:

EXHIBIT A
344

CITY OF LIVERMORE, CALIFORNIA
ADMINISTRATIVE REGULATIONS Number 2.0 Page 4 of 9
Subject
Billing, Collection, and Write-Off of Uncollectible
Accounts
Revision: 2019 Supersedes:

Approved By:

Marc Roberts
City Manager
Effective Date:
7/1/2019

1. Customer not at fault due to misapplication of payment resulting in new or additional finance charges, due to timing difference between when payments are received and when they are applied to the account, or other situations beyond the control of the customer.

2. Customer at fault but charges deemed uncollectible or the waiver is used as a negotiation tool to help collect account balances.

VI. PROCEDURES
Billing and collection procedures are established by the responsible departments and will vary depending on the nature of the receivable. Types of receivables covered by this policy include but are not limited to business license; transient occupancy tax; library materials replacement fees; water and sewer utility billings; fees for services; recovery for damage to City property; fines and penalties; and legal judgements.

A. Billing Procedures

1. For utility customers (such as water services), the procedures will be followed as specified in the City Municipal Code 13.20.010.

2. For Library patrons, “Delinquent Materials Policy” as posted on the City website will be followed to bill patrons for materials replacement fees.

3. All invoices for services rendered, rents, grants and other accounts receivable shall be issued by the department responsible for the services in accordance with their written procedures. Exceptions may be made by the Administrative Services Director.

Originating departments shall request issuance of invoices on a form approved by the Finance Division. Upon issuance of an invoice, an account receivable is created and collection procedures commenced.

4. Reports of damage to city property, referenced to or accompanied by the related Police Report, or equally clear indication, of the party responsible for the damage reported, shall be forwarded to Finance Division together with the amount or estimate of damages. In the event questions are raised regarding the identity of the responsible party or parties, a copy of the report shall also be sent to the City Attorney for review and evaluation. Upon completion of repair, or securing estimates for repair, the responsible department shall request issuance of an invoice by the Finance Division.

5. Billing Adjustments: When a customer has been overcharged or undercharged as a

EXHIBIT A
345

CITY OF LIVERMORE, CALIFORNIA
ADMINISTRATIVE REGULATIONS Number 2.0 Page 5 of 9
Subject
Billing, Collection, and Write-Off of Uncollectible
Accounts
Revision: 2019 Supersedes:

Approved By:

Marc Roberts
City Manager
Effective Date:
7/1/2019
result of incorrect data or due to incorrect information provided to the billing entity, the billing department has the authority to create a correcting billing adjustment.

B. Returned Payments (NSF)
Finance Division shall coordinate with departments when handling the payment for which a check(s) has been returned. Finance Division will notify the department to follow up with the customer in trying to recover the payment along with any associated NSF fees. In addition, the department may have to reflect these NSF entries in their own subsystem(s) where applicable.

C. Fines and Financing Charges Waivers

1. Immediate supervisor of the employee waiving late charges will approve all waivers in writing and ensure that the waiver is granted on the condition of a full payment on the account or, where deemed reasonable, through a payment plan.

2. Library Patron Accounts
a. Late fines may be waived for the first violation of Library return policies or for extenuating circumstances. If a waiver is granted, the personnel will make note of this instance in the patron account for future reference. These waivers will be granted on the case-by-case basis. Any waivers over $20 must be authorized by a supervisor or by the librarian in charge during that shift. b. On a weekly basis, Director of Library Services or the designee reviews the list of fines/fees waived. Additionally, the Library staff make notes in the patron record whenever they waive a fine to keep track of the waivers granted.

D. Account Collection Procedures:

1. Utility Account Receivable
a. For active customers, pursuant to the City Code 13.20.010, all bills become delinquent 30 days after the date stated on the bill, at which time a penalty charge of 10 percent shall be added thereto, and if not paid within 35 days after the delinquent date, the water may be shut off without further notice. When water has been shut off because of delinquency in payment of the water bill, the same shall not be turned on until the amount of delinquent service billing including penalty, collections cost and any other applicable charges have been paid. If this account remains locked and stays delinquent for another 35 days, it will be sent to the outside agency for collection. Procedures and authorization levels stated above should be followed for preparing the request for write off

EXHIBIT A
346

CITY OF LIVERMORE, CALIFORNIA
ADMINISTRATIVE REGULATIONS Number 2.0 Page 6 of 9
Subject
Billing, Collection, and Write-Off of Uncollectible
Accounts
Revision: 2019 Supersedes:

Approved By:

Marc Roberts
City Manager
Effective Date:
7/1/2019
and the completion of documentation required.
b. For customers that are in “Final” status, the account shall be put into delinquent status after 28 days from the date of last bill. After this time, utility billing department shall send a non-payment notice every 10 days for the maximum of 5 notices (or 50 days). If no payment is received, the account shall be forwarded to the outside agency for collection. Procedures and authorization levels stated above should be followed for preparing the request for write of and the completion of documentation required.

2. Non-Utility Accounts Receivable
a. For non-utility customers, the following procedure will apply: Upon passage of 30 days without payment, the billing department shall send a “Reminder Notice” to the debtor. If an additional 30 days passes without payment, the billing department shall send a “Past Due Notice” plus a “Final Notice” if the 90th day passes. If the account remains unpaid after an additional 10 days, “collection action” will be initiated.
b. The “collection action” to be taken by the billing department shall be whatever steps are deemed appropriate and potentially productive to collect the debt.

After the lapse of 100 days without payment or arrangements for payment, the billing department director or the representative of the director shall either use the services of a collection agency, file a Small Claims Court action, or refer the matter to the City Attorney for further process.

E. Review of Delinquent Accounts

1. An accounts receivable aging report will be maintained by the billing departments showing the status of accounts as follows:
0-30 days current
31-60 days past due
61-90 days delinquent
90 days up collection/small claims/lien

2. Departments will review the aging report on a monthly basis.

3. Departments will submit the aging report to Finance Division at least on a quarterly basis.

4. The Finance Division will review the aged accounts receivables periodically to determine uncollectible balances. This review will be performed at least on an annual

EXHIBIT A
347

CITY OF LIVERMORE, CALIFORNIA
ADMINISTRATIVE REGULATIONS Number 2.0 Page 7 of 9
Subject
Billing, Collection, and Write-Off of Uncollectible
Accounts
Revision: 2019 Supersedes:

Approved By:

Marc Roberts
City Manager
Effective Date:
7/1/2019
basis as part of the year-end closing process.

F. Allowance of Uncollectible Account Receivable

1. In accordance with generally accepted accounting principles, an allowance for uncollectible receivables should be recorded if both of the following conditions are met:
a. It is probable that receivables recorded at the financial statement date will not be collected; and
b. The uncollectible amount can be reasonably estimated.

2. When collection of delinquent accounts receivable (greater than 90 days) is deemed doubtful, the City shall establish an Allowance for Uncollectible Accounts and accrue a loss of collection against current year income and increase the Allowance for Uncollectible Accounts.

3. Staff may continue collection efforts of the delinquent account until collection efforts are exhausted and the account is considered uncollectible.

G. Write-off Procedures

1. At least annually, each department will identify any accounts receivable for which it is responsible that meet the criteria for designation as an uncollectible account. A request for write-off of accounts receivable will be prepared by departmental staff, signed by the department head and submitted to the Finance Division.

2. The request for write-off of accounts receivable must include an itemized list of the uncollectible accounts to be written off specifying the following:
a. Debtor name;
b. Account balance;
c. Due date;
d. Brief description of receivable type
e. Criteria under which the account was deemed uncollectible; and f. Account number of the receivable in the City’s accounting system.

3. For each uncollectible account, documentation must be attached to the request to support the uncollectible account designation and substantiate that the department has followed its collection procedures and exercised due diligence in the collection effort such as:

EXHIBIT A
348

CITY OF LIVERMORE, CALIFORNIA
ADMINISTRATIVE REGULATIONS Number 2.0 Page 8 of 9
Subject
Billing, Collection, and Write-Off of Uncollectible
Accounts
Revision: 2019 Supersedes:

Approved By:

Marc Roberts
City Manager
Effective Date:
7/1/2019
a. Invoices, reminder letters, or collection letters (and any documentation that are returned as undeliverable, no known forwarding address, etc.,) b. Referral to the City’s collection agency
c. Bankruptcy claim and any related plan or discharge
d. Judgment awarded by a court or settlement agreement
e. Notice of discontinuation of services

4. The Finance Division shall review the original invoice and assembled record of collection attempts.

5. Accounts Receivable Write-Off request may be denied based on the criteria listed below.

6. If the request is denied it will be returned to the department and it will become the responsibility of the requesting department to make the necessary corrective actions. a. Criteria for Denial of Requests:
• Insufficient collection efforts have been made or demonstrated • Accounts Receivable is not recorded in the General Ledger • Existence of a Lien and future collection is possible • Knowledge that the debt will be collected in the future • Lack of proper approval

7. After initial review of the documentation, Finance Division may seek recommendations of the City Attorney.

8. Upon receipt of any such referral, the City Attorney shall evaluate the matter, including the supporting documentation, and either concur in any write-off recommendation made or institute any appropriate legal steps to secure collection of the city’s account.

The City Attorney shall advise the Finance Division of any steps taken. When such efforts fail to produce payment, the City Attorney shall make a recommendation concerning write-off and forward the accumulated documentation to the Finance Division

9. Once concurrence from the City Attorney or his/her designee is received, the Finance Division will forward the documentation for all of the unpaid balances subject to write off to the Administrative Services Director for his/her approval.

10. For the items needing authorization of the City Manager, the Administrative Services

EXHIBIT A
349

CITY OF LIVERMORE, CALIFORNIA
ADMINISTRATIVE REGULATIONS Number 2.0 Page 9 of 9
Subject
Billing, Collection, and Write-Off of Uncollectible
Accounts
Revision: 2019 Supersedes:

Approved By:

Marc Roberts
City Manager
Effective Date:
7/1/2019
Director shall forward the documentation for write-off to the City Manager for his/her approval.

11. Write-off of an account with an outstanding balance due in excess $100,000 must be approved by a resolution of the City Council.

12. Upon receiving appropriate authorization, Finance staff will record the necessary accounting journal entries to remove the uncollectible accounts from the City’s general ledger. The completed file, including all documentation and collection efforts, and recommendations of the City Attorney, Administrative Services Director, City Manager, and City Council shall be filed in the Finance Division to assure that any further payment or settlement can be properly recorded and so that the complete record is available for audit.

VII. AUTHORITY TO REVISE THE POLICY
The City Manager is authorized to make/approve subsequent changes to this policy, when necessary.

EXHIBIT A
350
CITY COUNCIL STAFF REPORT ITEM NO. 5.13
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Tina Olson, Administrative Services Director
SUBJECT: Resolution approving the Memorandum of Understanding between the LivermorePleasanton Fire Department Joint Powers Authority and the International Association of Firefighters, Local 1974 Battalion Chief’s Unit

RECOMMENDED ACTION
Staff recommends that the City Council adopt a resolution authorizing the execution of the Memorandum of Understanding (MOU) between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters, Local 1974 Battalion Chief's Unit for the period of July 1, 2025, through June 30, 2028.

SUMMARY
The Memorandum of Understanding (MOU) between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters, Local 1974 Battalion Chief's Unit (IAFF - BC) expired on June 30, 2025.

On April 29, 2025, representatives from the cities of Livermore, Pleasanton and IAFF-BC began the meet and confer process regarding terms and conditions of employment to endeavor to reach agreement on a successor MOU. The parties met five (5) times on the terms to be contained in the successor MOU.

As a result of the meetings between the parties, a tentative agreement was reached, subject to Council approval, on the terms and conditions of employment set forth in Attachment 1 - IAFF BC Redlined Memorandum of Understanding.

DISCUSSION
The following is a summary of the proposed substantive changes to the previous MOU that expired on June 30, 2025.

Term: July 1, 2025, through June 30, 2028 (3 years)
351
General Wage Increases:

Effective July 5, 2025 - 0%
Effective July 4, 2026 - 3%
Effective July 3, 2027 - 3%
Administrative Leave
Effective January 1, 2026, administrative leave will be reduced from 80 hours to 40 hours per calendar year. Effective January 1, 2027, employees will no longer be eligible to receive administrative leave.

Shift Management Pay
Effective July 3, 2027, shift management pay will increase from 7.5% to 8% for employees assigned to a 56-hour shift schedule.

Battalion Chief Coverage Stipend
Effective July 5, 2025, the Battalion Chief Coverage Stipend will increase from $86/per hour to $89/hour.

Effective July 4, 2026, the Battalion Chief Coverage Stipend will increase from $89/per hour to $92/hour.

Effective July 3, 2027, the Battalion Chief Coverage Stipend will increase from $92/per hour to $95/hour.

Out Of Class Work
The parties agreed that Battalion Chiefs can fill vacancies in the rank of Fire Captain to assist in preventing mandatory shift fill, provided there are no vacant Battalion Chief positions.

Uniforms
Effective July 5, 2025, uniform allowance will increase from $1000 to $1200. The Department shall replace Class B shirts on a one-for-one basis.

Retiree Health Savings
Contributions to retiree health savings will increase from $75/month to $150/month.

FISCAL AND ADMINISTRATIVE IMPACTS
The financial impact to the LPFD budget as a result of implementing both the IAFF and IAFF BC MOUs is approximately $8.6 million through June 2029. The cost is shared between the cities of Livermore and Pleasanton. Livermore's share is approximately $4.3 million over the four-year term. LPFD's FY 2025- 26 and 2026-27 budget did not include revenues associated with withdrawals from LPFD's Other Post Employment Benefits (OPEB) fund to help cover retiree medical expenses as recommended by LPFD's actuary. Thus, staff proposes to appropriate those OPEB revenues along with the City's increased General Fund contribution to LPFD of $223,189 in FY 2025-26 and $568,752 in FY 2026-27 to fund the City's portion of LPFD's increased salary and benefit costs associated with the proposed MOUs. The increased costs associated with the MOUs for FYs 2025-26 and 2026-27 and recommended appropriations are discussed in the IAFF staff report.

All subsequent fiscal impacts for the City’s share of the cost for the salaries and benefits in the MOU will be incorporated in the future operating budgets.
352

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. IAFF BC Memorandum of Understanding - Redlined

2. Resolution

3. Exhibit A - IAFF BC MOU 2025 - 2028
Prepared by: Kristen Hilton
Human Resource Manager
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
353
Livermore-Pleasanton Fire Department Joint Powers
Authority
and
The International Association of Fire Fighters, Local 1974 Battalion Chief’s Unit, AFL-CIO-CLC

MEMORANDUM
OF

UNDERSTANDING
September July 1, 2022 2025 – JUNE 30, 20252028
ATTACHMENT 1
354
ii
Table of Contents
Section 1. Recognition .................................................................................................................................................... 1 Section 2. Union Security ............................................................................................................................................... 1 Section 3. No Discrimination ......................................................................................................................................... 4 Section 4. Union Representatives.................................................................................................................................. 4 Section 5. Salaries........................................................................................................................................................... 4 Section 6. Hours of Work, Shift & Station Assignments............................................................................................. 8 Section 7. Holiday Pay.................................................................................................................................................... 9 Section 8. Documentation Regarding Organized Mess.............................................................................................10 Section 9. Vacations......................................................................................................................................................10 Section 10. Sick Leave ....................................................................................................................................................14 Section 11. Leaves...........................................................................................................................................................16 Section 12. Health and Welfare .....................................................................................................................................19 Section 13. Retirement ...................................................................................................................................................24 Section 14. Uniforms ......................................................................................................................................................25 Section 15. Credit Union ................................................................................................................................................26 Section 16. Probationary Period....................................................................................................................................26 Section 17. Promotion, Demotion, and Long-Term Acting Assignments ..................................................................26 Section 18. Resignation, Reinstatement and Layoff ....................................................................................................27 Section 19. Discipline......................................................................................................................................................28 Section 20. Grievances....................................................................................................................................................28 Section 21. Medical Examination..................................................................................................................................31 Section 22. Outside Employment ..................................................................................................................................31 Section 23. Disability Accommodations........................................................................................................................32 Section 24. Miscellaneous...............................................................................................................................................32 Section 25. Bargaining Waiver and Separability of Provisions..................................................................................34 Section 26. Existing Memorandum of Understanding................................................................................................. 35 Appendix A – Salary Schedules..............................................................................................................................................36 Appendix B – Catastrophic Leave Policy ..............................................................................................................................37 Appendix C – Substance Testing Policy................................................................................................................................. 38 Appendix D – Performance Evaluation ................................................................................................................................. 51 Appendix E – Battalion Chief Staffing Policy .......................................................................................................................61 ATTACHMENT 1
355
1 The City of Livermore and the City of Pleasanton have jointly formed the Livermore-Pleasanton Fire Department Joint Powers Authority (“JPA”) to operate the Livermore-Pleasanton Fire Department (“LPFD” or “Department”). The International Association of Fire Fighters, Local 1974, Battalion Chiefs Unit, AFL-CIO-CLC (“Union”), and representatives of the City of Livermore and the City of Pleasanton have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for employees in the representation unit specified in Section 1, and have exchanged freely information, opinions and proposals and have reached agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

This Memorandum of Understanding (“MOU”) is entered into pursuant to the Meyers-Milias-Brown Act (“MMBA”) (Government Code Section 3500, et. seq.) and has been jointly prepared by the parties.

This MOU has been presented to the JPA’s governing board and to the City Councils of the City of Livermore and the City of Pleasanton. The governing board and the City Councils have approved the salary and employee benefit adjustments for the period commencing September July 1, 2022 2025 and ending on June 30 20252028.

The City of Pleasanton (“City” or “Employer”) is the employer of all employees represented by the Union and covered by this MOU. “Employees” as used in this MOU shall mean employees of the City.

Section 1. Recognition
"The Union" is the formally recognized employee organization for the Battalion Chief’s Unit comprised of the classification of Battalion Chief certified pursuant to the Employer-Employee Relations Procedures & Resolution No. 97-1 adopted by the JPA on November 21, 1997.

Section 2. Union Security

2.1 Dues Deduction
A. Bargaining unit employees may voluntarily join the Union and authorize individual payroll deductions for dues, initiation fees, and general assessments, as well as any other membership benefit program sponsored by the Union (hereinafter collectively “dues deductions”). The Union shall be responsible for maintaining records of bargaining unit employees who provide written consent to join the Union and authorize dues deductions.

The Union shall certify to the City the identity of such members and the amount of the dues deductions to be withheld from their paychecks.

B. The Employer agrees to deduct from the paychecks of each bargaining unit employee who voluntarily authorizes dues deductions as certified by the Union, or pursuant to an authorization form tendered to the Employer by either the Union or the employee. The City shall deduct from each bargaining unit employee’s paycheck the total amount of dues certified by the Union per month or per pay period as applicable. The Employer shall promptly remit the total amount deducted, together with a list identifying each employee from whom a deduction was made, to the officer designated in writing by the President of the Union as the person authorized to receive such funds.

The Employer will implement any change to a bargaining unit employee’s payroll deduction during the first full pay period following notification of such change by the Union.

ATTACHMENT 1
356
2 If a bargaining unit employees desires to revoke, cancel or change their prior dues deduction authorization, the Employer shall direct the employee to the Union. Any such dues deduction revocation, cancellation and/or change shall be effective only when submitted by the Union to the Employer and is subject to the terms and conditions set forth in the original payroll deduction/authorization.

C. The employee's earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of the dues check-off authorized. When an employee is in a non-pay status for an entire pay period, no withholding will be made to cover that pay period from future earnings. In the case of an employee who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. Thus, all other legal and required deductions have priority over union dues. In addition, in order to meet certain accounting deadlines, all payroll changes connected with the deduction of union dues must be made by the fifteenth (15) of the preceding month.

D. The Union shall indemnify, defend, and hold the City harmless against any and all claims, demands, suits, proceedings or court orders, or any other liability that may arise out of or by reason of action taken or not taken by the Livermore-Pleasanton Fire Department for the purpose of complying with any of the provisions of this check-off agreement. In addition, the Union shall refund to the Livermore-Pleasanton Fire Department any amounts paid to it in error upon presentation of supporting evidence. However, the Union shall not be required to make reimbursements should discovery of the error occur twenty-four (24) months after the occurrence of the error.

2.2 Communication with Employees
A. New Employee Orientation Meetings
This provision applies to all new employees hired into the Battalion Chief’s Unit and is intended to comply with the provisions of AB119.

1. The City will provide the Union with not less than ten (10) calendar days’ advance written notice of the time, date and location of all new employee orientation meetings, unless an urgent and unforeseeable need for a new employee orientation meeting precludes the City from providing the Union with ten (10) calendar days’ advance notice. Notice will be made by way of email to the Union President and Vice President.

2. The Union will be given up to thirty (30) minutes as part of the new employee orientation meetings to present Union membership information to new employees of the Fire Employees Unit.

3. The Union representatives who will present information at the new employee orientation meetings may do so while on duty and in uniform, provided the Union notifies the Fire Chief of the names of the employees who will be presenting information on behalf of the Union at the new employee orientation meeting with at least five (5) days advance notice and the Fire Chief has agreed that the employees’ participation will not create an unreasonable burden on operations.

4. The above provisions shall in no way impact or delay the hire of any employee.

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3 B. Information Requirements

1. The City will provide the Union with a digital file via email to the Union President and Vice President containing the following information for each employee in the Battalion Chief’s Unit to the extent the Department has the information on file:
• Name
• Job title
• Work location
• Personal telephone number (may be home or cellular as provided by the employee) • Home address
• Personal email addresses on file with the Department (new hires only)

2. The above information will be provided to the Union as follows:
• For new hires, within 30 days of hire or by the first pay period of the month following hire.
• For all bargaining unit employees every one hundred twenty (120) calendar days.

C. Facilities Visits
Any Union representative shall give notice to the Fire Chief when visiting employees at their assigned fire stations and fire administration during the employee’s duty period, provided that solicitation for membership or other internal employee organization business shall be conducted only during the off-duty hours of all employees concerned. The Fire Chief and the Union may enter into a standing agreement for routine contact between Union representatives and on-duty employees and such agreement shall continue until revoked.

2.3 Bulletin Boards
The Department shall provide suitable space for bulletin boards in the fire stations. The Union shall be allowed to use such bulletin boards for communications having to do with official Union business.

2.4 Use of Department Facilities for Meetings
A. The Union President may, with the prior approval of the Fire Chief or designated representative, be granted the use of Department facilities and/or communications equipment for meetings of employees in this unit provided that:

1. Requests are made in advance.

2. Such meetings do not conflict with other Department activities.

3. Attendance of on-duty employees at such meetings may occur only after 1700 hours, unless other arrangements have been authorized in advance by the Fire Chief and only when it does not prevent the performance of required work.

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4 4. Such meetings do not involve excessive or unnecessary station transfers or result in financial responsibility for the Department.

B. Regularly Scheduled Membership Meetings.

1. Union meetings may be held in fire stations after 1700 hours unless other arrangements have been authorized in advance by the Fire Chief.

2. Union meetings shall not interfere with regularly scheduled duties or emergency response. Fire prevention personnel may attend union meetings during their regular work hours provided they are otherwise able to complete their duties.

3. On-duty members may attend Union meetings as long as no first-due districts are left empty or by approval of the Fire Chief.

C. Advance Notice
Except in cases of emergency, the Union shall be given reasonable advance written notice of any ordinance, resolution, rule or regulation relating to matters within the scope of representation and shall be given the opportunity to meet and confer in good faith with the appropriate management representatives prior to adoption.

The Department will provide the Union with reasonable written notice and the opportunity to meet and confer in good faith regarding the addition to or changes in Personnel Rules and Regulations, other policies, or departmental policies when such changes are within the scope of bargaining pursuant to the MMBA.

Section 3. No Discrimination
The Employer and the Union shall comply with the City of Pleasanton’s Harassment, Discrimination, and Retaliation Policy (Human Resources & Administrative Policy Guide).

Furthermore, the Employer shall not discriminate or retaliate against any employee because of their engagement in legally protected Union activities.

Section 4. Union Representatives
Bargaining unit employees who are officers or 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 are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of department services as determined by the Department. Such employee representatives shall submit requests for excused absences to the Fire Chief. The Union shall submit a list of the officers of the Union to the Fire Chief in writing at such time there are any changes in such Union officers.

Section 5. Salaries

5.1 Salary Ranges and Salary Increases for Contract Term Salary ranges have been established for Battalion Chiefs. For all current Battalion Chiefs at the time of the effective date of MOU, movement through the range will be five percent (5%) based on an annual performance review rating of at least “meets expectations” by the Fire Chief on July 1 each ATTACHMENT 1
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5 year and up to an additional two percent (2%) based on recommendation of Fire Chief and approval by the City Manager. For all Battalion Chief’s promoted after the effective date of the MOU, movement through the range will be five percent (5%) based on an annual performance review rating of at least “meets expectations” by the Fire Chief and up to an additional two percent (2%) based on recommendation of Fire Chief and approval by City Manager on their anniversary date of their promotion. Once the Battalion Chief has reached the top of the salary range, no further increases are available.

During the term of the MOU, the Fire Chief and City Manager will not provide an additional 2% salary increase based on an annual performance review.
*Effective upon Council
Approval
Yearly Salary Range Monthly Salary Range
Salary Range $178,315 $216,406 $14,859.58 $18,033.83

5.2 Cost of Living Increases (COLA) During Contract Term 2023: Effective June 10, 2023, Battalion Chiefs will receive a cost-of-living increase of three percent (3%) of their base pay.
20242026: Effective the first full pay period after July 1, 2026 (July 4, 2026) January 6, 2024, Battalion Chiefs will receive a cost-of-living increase of three percent (3%) of their base pay. The Battalion Chief’s salary range will be adjusted accordingly. 2027: Effective the first full pay period after July 1, 2027 (July 3, 2027)January 4, 2025, Battalion Chiefs will receive a cost-of-living increase of one three percent (13%) of their base pay. The Battalion Chief’s salary range will be adjusted accordingly.

5.3 Acting Pay – Deputy Fire Chief / Fire Chief
At the discretion of the Fire Chief or the City Manager, Battalion Chiefs may be assigned in an acting or interim basis to the rank of Deputy Fire Chief or Fire Chief. When an employee is assigned and serving in the rank of Deputy Fire Chief or Fire Chief, that employee’s acting rate of pay shall be at least 5% above the Battalion Chief’s current pay rate beginning the first day of the acting assignment.

5.4 Salary Step After Change in Classification
When a Battalion Chief is promoted to a Deputy Chief or any other position in a higher classification, the employee shall receive the minimum rate for the higher classification; provided, however, that such rate is at least five percent (5%) above the employee’s current wage rate.

When an employee is demoted, whether such demotion is voluntary or otherwise, that employee’s compensation shall be adjusted to the salary prescribed for the classification to which the employee is demoted. The specific rate of pay within the salary range shall be determined by the City Manager, whose decision shall be final; provided, however, that the employee’s rate of pay shall not be lower than the salary rate the employee would earn had the employee remained in the lower classification.

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6 5.5 Shift Management Compensation Pay
Battalion Chiefs assigned to a 56-shift schedule shall be compensated in the amount equal to 7.5% of the Battalion Chief current base rate of pay paid biweekly.

Effective the first full pay period following July 1, 2027 (July 3, 2027), Battalion Chiefs assigned to a 56-shift schedule shall be compensated in the amount equal to 8% of the Battalion Chief current base rate of pay paid biweekly.

Shift Management Compensation covers time spent conducting normal management and/or administrative business when not on shift; for example, participating in command staff meetings, labor management meetings, BC meetings, shift management preparation, and end of shift hold over to complete turn over, reports, and paperwork, etc.

The Fire Chief, and/or designee, may approve additional compensation for the entire time spent, paid at the rate of the Battalion Chief coverage stipend under Section 5.8, when assigned to participate in off-duty events greater than three (3) hours in a single day, to conduct business outside their normal management roles and responsibilities; for example, instructing training classes, or serving as assessment panelists for other agencies, etc.

5.6 Training Premium Pay
Battalion Chiefs assigned to a 40-hour workweek as the Training Chief shall be compensated in the amount equal to 25% of the base rate of the Battalion Chief in Appendix A and are eligible to observe annual holidays as listed in Section 7 of the MOU.

5.7 Reimbursable Incidents & Training
A Battalion Chief or Acting Battalion Chief who is either assigned to a reimbursable incident/training or is providing coverage for someone that has been assigned to a reimbursable incident/training shall be compensated at one and one-half (1 ½) times the employee’s 24-hour rate of pay in 15-minute increments.

5.8 Battalion Chief Coverage Stipend
Effective the pay period after the MOU is approved by the Pleasanton and Livermore City Council’s in open session, Battalion Chiefs shall receive compensation of $83 per hour when providing shift coverage for any 24-hour Battalion Chief absence or position vacancy or when approved in accordance with Section 5.5.

Effective January 6, 2024, Battalion Chiefs shall receive compensation of $85 per hour when providing shift coverage for any 24-hour Battalion Chief absence or position vacancy or when approved in accordance with Section 5.5.

Effective January 4, 2025, Battalion Chiefs shall receive compensation of $86 per hour when providing shift coverage for any 24-hour Battalion Chief absence or position vacancy or when approved in accordance with Section 5.5.

Effective the first full pay period after July 1, 2025 (July 5, 2025), Battalion Chiefs shall receive compensation of $89 per hour when providing shift coverage for any 24-hour Battalion Chief absence or position vacancy or when approved in accordance with Section 5.5.

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7 Effective the first full pay period after July 1, 2026 (July 4, 2026), Battalion Chiefs shall receive compensation of $92 per hour when providing shift coverage for any 24-hour Battalion Chief absence or position vacancy or when approved in accordance with Section 5.5.

Effective the first full pay period after July 1, 2027 (July 3, 2027), Battalion Chiefs shall receive compensation of $95 per hour when providing shift coverage for any 24-hour Battalion Chief absence or position vacancy or when approved in accordance with Section 5.5.

5.9 Out of Class Work
The City and the Union have agreed to a one (1) year trial period that allows Battalion Chiefs, who have indicated their availability, to may fill vacancies in the rank of Fire Captain to assist in preventing or minimizing mandatory shift fill, provided all vacancies in the Battalion Chief position have been filled.

Deputy Chiefs, who have indicated their availability, may fill vacancies in the rank of Battalion Chief to assist in preventing or minimizing mandatory shift fill, provided all vacancies in the Deputy Chief position have been filled.

When working in the rank of Captain, Battalion Chiefs will receive stipend pay as provided in Section

5.8. At the end of the one (1) year trial, the out of class program for the Battalion Chiefs to work down as Captains ends unless the trial period is mutually agreed to be extended by the Fire Chief and the Union.

Battalion Chiefs must indicate their availability as defined in the Staffing Policy.

No Battalion Chief may work out of class when a mandatory assignment exists in their perspective rank.

The Fire Chief and the Union maintain the ability to re-implement Out of Class Work, through mutual agreement, during the term of the contract based on department need.

5.10 Administrative Leave Pay for 2022
Effective the first full pay period after Council approves the MOU, Battalion Chiefs will receive a onetime payment equal to 24 hours of base pay at their rate of pay in December 2022.

5.11 One-time Payment
Effective the first full pay period after Council approves the MOU, Battalion Chiefs will receive a onetime payment equal to $4,000.

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8 Section 6. Hours of Work, Shift & Station Assignments

6.1 Exchanges of On-Duty Time (Shift Trades)
Trades of on-duty time shall only be permitted between employees that possess the necessary qualifications to perform the assignment with the approval of the Fire Chief or designee. Trades shall not be permitted to substitute for, extend, or supplement sick leave, long-term disability or worker’s compensation leave unless approved by the Fire Chief. The employees involved in the trade shall make arrangements for the pay back of time.

Employees who owe time to other employees following a promotion may work in their former position in order to repay the previously traded time, i.e., an Battalion Chief may work as a Captain from which the employee was promoted. Employees must resolve owed trades within ninety (90) calendar days from the date of promotion.

Employees are not considered on the payroll or working additional hours under the Fair Labor Standards Act while on-duty and working their half of the trade. However, if the employee who assumes responsibility for working a trade fails to work the traded on-duty time, the originally scheduled employee will be charged vacation time equivalent to the time missed.

Trades can be cancelled at any time. However, the Fire Chief or their designee must be notified if a trade is cancelled less than six (6) days prior to the shift. Employees may cancel a maximum of six (6) trades per calendar year with less than six (6) days’ advance notice.

6.2 Battalion Chief Assignments
Assignments to a specific battalion, shift and/or station shall be made through the bid system. Bids shall occur in descending order by rank seniority. Bid assignments will occur every other year, in the month of December starting in December 2023. In the event no Battalion Chiefs bid the 40-hour Battalion Chief assignment, the Fire Chief, and/or designee, will make the assignment based on organizational need. Consideration will be given not to assign Battalion Chiefs who previously served in the 40-hour Battalion Chief position for a minimum of one (1) year.

Approved bids and subsequent moves will take effect in January and will remain effective for two (2) years.

In the event an opening occurs during the two-year term, Battalion Chiefs may submit a request for reassignment, but the Fire Chief and/or designee retains the right to fill the assignment based on organizational need. Consideration will be given not to assign Battalion Chiefs who previously served in the 40-hour Battalion Chief position for a minimum of one (1) year or based on seniority.

The Fire Chief, and/or designee, has the discretion to administratively reassign personnel for up to four (4) months per assignment to meet Department needs. This shall not apply to probationary employees or assignments not resulting in the displacement of another employee. Transfer for purposes of punishment shall be done in accordance with Section 19 - Discipline.

A “Mutual” is an agreement between two individuals of the same rank to trade Station and/or shift assignments for a specific period of time. Mutuals are not permanent. Mutuals can be between individuals on the same shift or on different shifts. The individuals involved may set the time frame of the “Mutual”, however, no mutual shall exceed twelve (12) months from the initial date. At the end of the twelve months both individuals will return to their original assignments. Both individuals must ATTACHMENT 1
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9 physically be able to meet their assigned Station requirements, i.e., if one of the individuals is unable to return to work within the first one-year period due to any reason, the “Mutual” is considered null and void. Individuals must be qualified for the position of the person with whom they are requesting the “Mutual”.

Personnel may submit a request for a mutual, in writing, to the Fire Chief, and/or designee. Requests will be evaluated and approved on a case-by-case basis, based on department need.

Section 7. Holiday Pay

7.1 Holiday In Lieu
Battalion Chiefs assigned to a 56-hour work schedule are eligible to receive holiday-in lieu pay at the rate of 7.5% of the base salary. Holiday-in-lieu pay shall be paid on a biweekly basis. Battalion Chiefs shall receive holiday in lieu pay without regard for when holidays occur or whether such employees actually work on recognized holidays. Holiday in lieu pay will be reported as special compensation within the meaning of Section 20636 of the California Government Code and Section 571(a)(5) of the CalPERS regulations and/or as defined pensionable compensation pursuant to the California Government Code and the CalPERS regulations as amended.

7.2 Observed Holidays
The following holidays are observed for the Battalion Chief’s unit. Battalion Chiefs who work a 40 hour per week schedule are permitted to be off work on observed holidays without the loss of pay and do not qualify for the holiday in lieu pay provided per Section 9.1 of this MOU.

1. New Year's Day

2. Martin Luther King, Jr. Day (third Monday of January)

3. President’s Day (third Monday of February)

4. Memorial Day (last Monday of May)

5. Independence Day

6. Labor Day (first Monday of September)

7. Veterans' Day

8. Thanksgiving Day

9. Day following Thanksgiving

10. Christmas Eve Day

11. Christmas Day

7.3 Floating Holiday
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10 Represented employees working a 40-hour schedule shall be credited with seven floating holidays (56 hours) on January 1 of each year. Employees hired January 1 through June 30 shall be credited with seven floating holidays (56 hours) upon hire. New employees hired July 1 through December 31 shall be credited with three floating holidays (24 hours) upon hire.

Employees will need to use all Floating Holiday hours by the last payroll period for the calendar year (instead of December 31) otherwise they will be lost. Battalion Chiefs will be provided and may use the next calendar year’s allotment of Floating Holiday hours in the same payroll period.

Section 8. Documentation Regarding Organized Mess
In order that all members of each fire company are available at all times to respond to emergencies as quickly and efficiently as possible, and in order to provide for harmony and fellowship among the members of fire companies, there shall be a common organized mess at each fire station to which all bargaining unit employees assigned to that station shall be required to contribute on a daily basis. The Captain on each shift at each station shall normally make all assignments as to the duties to be performed by those employees in regard to the common mess. The Employer shall not be responsible for financially supporting or otherwise paying the cost of any on duty meal. Employees may be exempted from the common mess only for valid medical or religious reasons that have been verified to the City’s satisfaction.

This provision is intended to satisfy Internal Revenue Service requirements as to the existence of a requirement that employees contribute to an organized mess.

Section 9. Vacations

9.1 Vacation Eligibility
All employees accrue paid vacation leave from their date of hire and may begin using accrued paid vacation leave after six (6) months of continuous service with the Department.

I. Vacation Accrual
A. Employees assigned to a fifty-six (56) hour work schedule shall accrue paid vacation leave in accordance with the following schedule:

Years of Continuous Service Monthly Accrual Rate
First through fourth year 12 hours
Fifth through ninth year 16 hours
Tenth through twelfth year 20 hours
Thirteenth through fifteenth year 22 hours
Sixteenth year and above 24 hours
B. Employees assigned to a forty (40) hour work schedule shall accrue paid vacation leave in accordance with the following schedule:

Years of Continuous Service Monthly Accrual Rate
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11 First through fourth year 8.57 hours
Fifth through ninth year 11.43 hours
Tenth through twelfth year 14.29 hours
Thirteenth through fifteenth year 15.71 hours
Sixteenth year and above 17.14 hours
Accrued vacation leave shall be credited to each employee’s account biweekly.

9.2 Vacation Accumulation
Eligible employees may accumulate and maintain up to a maximum of four hundred thirty-two (432) hours of accrued vacation leave.

Employees are not allowed to accrue vacation hours above the cap. At any time an employee reaches the four hundred thirty-two (432) hour cap, the employee will cease accruing additional vacation leave until such time as the balance falls below the cap. However, in the event an employee has requested to take vacation but been denied or otherwise prevented from using vacation leave due to extenuating circumstances, the employee may submit a written request to the City Manager, or designee, for special consideration to carry over vacation balances beyond four hundred thirty-two (432) hours.

9.3 Vacation Scheduling and Use
All scheduled use of vacation shall be approved in advance by the Fire Chief and/or designee.

Annual Vacation Scheduling:

A. During January of each year, and no later than February 1, employees shall be granted an opportunity to request Annual Vacation Picks (AVP) time in order of department seniority. The January selections shall be for the period from February 1 to January 31 of the following year. Each employee in turn will have an initial choice of vacation. Vacation selections can be for as many shifts/hours as the employee desires, not to exceed the total number of vacation leave hours the employee will have accrued by the date of the requested vacation, provided the vacation shift/hours are taken consecutively. Once the most senior employee makes an initial vacation selection, the next most senior employee will make an initial selection of vacation shifts/hours. This process shall continue until all employees have an opportunity to make an initial selection of vacation. After all employees make their initial selections, second-choice vacation selections will occur. Second-choice vacation selections will be done in the same manner as the first-choice selections. After the second-choice vacation selections are completed, the third-choice selections can begin and so on until no one wishes to choose any more vacation time.

B. Only 1 Shift Battalion Chief may request annual vacation each day.

C. Battalion Chiefs will coordinate among themselves to complete the selection process.

D. Battalion Chief’s assigned to 24-hour shifts schedules must use vacation leave in increments of either twenty-four (24) or twelve (12) hours. When used in twelve (12) ATTACHMENT 1
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12 hour increments, vacations must be taken from either 0800 to 2000 hours or 2000 to 0800 hours.

E. If two (2) or more employees from the same employing agency have the same employment date, seniority will be determined by placement on the employment list.

If two (2) or more employees from different hiring agencies have the same employment date, seniority will be determined by drawing from a hat.

F. Battalion Chief’s assigned to a 40-hour work week may select their Annual Vacation Picks in accordance with the timeline outlined above. Battalion Chiefs assigned to a 40-hour work week may take vacation in increments consistent with their regular work period.

G. No employee may request vacation for 4th of July, Thanksgiving, Christmas Eve, or Christmas Day.

NOTE: Refer to Holiday Staffing for non-annual vacation holiday requests.

H. All approved Annual Vacation Picks will be guaranteed, provided they have been requested in accordance with the procedures outlines in this section.

I. Once Annual Vacation Picks have been completed, they will be forwarded to the Fire Chief and/or their designee for review and approval.

J. Employees who are reassigned during the calendar year, will have previously approved vacation transferred to cover time off for the same date range prior to the reassignment.

K. In the event staffing requires revocation of approved vacation, Annual Vacation Picks will be the last to be revoked. (Refer to the Staffing Policy for additional information.)
Vacation Scheduling
A. All vacation requests and use require approval by the Fire Chief and/or designee.

This applies to both Shift Battalion Chiefs and 40-hour Battalion Chiefs.

B. Requests that may result in a mandatory assignment will not be an automatic disqualifier.

C. Battalion Chiefs assigned to 24-hour shift schedules must use vacation leave in increments of either twenty-four (24) or twelve (12) hours. When used in twelve (12) hour increments, vacations must be taken from either 0800 to 2000 hours or 2000 to 0800 hours.

Employees may take less than twenty-four (24) or twelve (12) hours provided they find their own coverage. The Fire Chief, and/or designee may approve vacation requests in less than twelve (12) hour increments to accommodate employee enrollment in college or university courses. The courses or classes attended must be appropriate to employee development. The decision of the Fire Chief, and/or designee shall be final.

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13 D. Battalion Chiefs assigned to a 40-hour work week may request vacation in one (1) hour increments.

E. Authorized emergency vacation may be allowed due to special circumstances and temporary assignments will be made to accommodate such a need.

F. The Fire Chief, and/or designee may permit non-probationary employees to use of up to fifty-six (56) hours of paid vacation leave in advance of accruing such hours to their vacation leave accounts. The use of such leave shall not be prescheduled or considered earned vacation for accrual purposes.

Holiday Staffing
A. Holidays will be staffed as follows:

July 4 – Filled on June 4
Thanksgiving – Filled on October 2524
Christmas Eve & Christmas Day – Filled on November 25 24 (Christmas Day Fills 1st)
B. Employees may request vacation on 4th of July, Thanksgiving, Christmas Eve, or Christmas Day, provided they find their own relief, and only after staffing has filled in accordance with the procedures outlined above.

C. Battalion Chiefs are required to use three (3) consecutive 24-hours of approved vacation to receive mandate protection between December 15 and January 5.

Vacation must be cancelled prior to the vacancy being filled during this same time period.

Annual Vacation | Vacation Cancellation
A. Employees may cancel previously scheduled vacation at any time by notifying the Department at least twenty-four (24) hours prior to the start of the shift. However, the Fire Chief and/or designee must also be notified whenever vacation is cancelled less than six (6) days prior to the shift.

EXCEPTION: See Holiday Staffing
B. Employees are allowed a maximum of six (6) vacation cancellations per calendar year with less than six (6) days’ advance notice.

9.5 4 Vacation Pay at Termination
All employees shall be paid for all vacation leave earned prior to the effective date of termination.

Such compensation shall be paid to employees in one lump sum in a final check. Employees understand that if there is a deficit balance in their vacation leave accounts at termination, that deficit amount will be deducted from final compensation.

Employees may not use accumulated leave to end service prior to retirement or separation from the City, unless authorized by the City Manager.

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14 9.65 Vacation Sell Back
Employees may request to sell back up to two hundred forty (240) hours of accrued vacation leave in each calendar year. Employees may sell back accrued vacation leave in one (1) hour increments with a minimum sell back of eight (8) hours on the first pay date in March, June, September and December of each year. Written requests for payment must be made by the employee fifteen (15) days in advance of the first pay date in March, June, September and December.

Section 10. Sick Leave

10.1 Sick Leave Accrual – 56 Hour Shift Employees
Battalion Chiefs assigned to a 56-hour work schedule shall earn sick leave at the rate of eleven and two-tenths (11.2) hours for each month of service. Battalion Chiefs assigned to a 56-hour work schedule may accumulate an unlimited number of sick leave hours subject to the following:
a. A maximum of 2,912 accumulated sick leave hours are available for use as paid time off at any given time in accordance with sections 10.3 and section 10.4 below. b. Sick leave hours accrued in excess of 2,912 are placed in a separate sick leave bank for conversion to additional service credit at the time of retirement and are not available for use as paid time off during employment.
c. Sick leave accrual will resume once the employee’s accumulated sick leave hours drop below the 2,912 maximum.
d. All unused accumulated sick leave hours and any accumulated hours over the 2,912 sick leave maximum will be converted to additional service credit at the time of retirement in accordance with Government Code section 20862.8 (CalPERS “Credit for Unused Sick Leave”).
e. Battalion Chiefs on leave pursuant to Labor Code section 4850 shall accumulate sick leave hours during said leave in accordance with this section.

10.2 Sick Leave Accrual – 40 Hour Shift Employees
Battalion Chiefs assigned to a 40-hour work schedule shall earn sick leave at the rate of eight (8) hours for each month of service. Battalion Chiefs assigned to a 40-hour work schedule may accumulate an unlimited number of sick leave hours subject to the following:
a. A maximum of 2,080 accumulated sick leave hours are available for use as paid time off in accordance with sections 10.3 and 10.4 below.
b. Sick leave hours accrued in excess of 2,080 are placed in a separate sick leave bank for conversion to additional service credit at the time of retirement and are not available for us as paid time off during employment.
c. Sick leave accrual will resume once the employee’s accumulated sick leave hours drop below the 2,080 maximum.

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15 d. All unused accumulated sick leave hours and any accumulated hours over the 2,080 sick leave maximum at the time of retirement in accordance with Government Code section 20862.8 (CalPERS “Credit for Unused Sick Leave”). e. Battalion Chiefs on leave pursuant to Labor Code section 4850 shall accumulate sick leave hours during said leave in accordance with this section.

10.3 Sick Leave Usage
Employees may use accumulated sick leave in one (1) hour increments as follows:

A. For the employee’s own diagnosis, care, or treatment of an existing health condition or for the employee’s own preventative care, including routine medical and dental appointments.

B. For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee’s family member, including routine medical and dental appointments. For purposes of this provision, “family member” includes: a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, a biological, adoptive or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child, spouse, registered domestic partner, grandparent, grandchild, or sibling or a designated person. A designated person is one identified by the employee at the time the employee requests paid sick leave. The Department may limit the employee to one designated person per year. Employees assigned to a 56-hour work schedule may utilize a maximum of one hundred forty-four (144) hours of accumulated sick leave per calendar year and employees assigned to a 40-hour work schedule may utilize a maximum of (96) hours of accumulated sick leave for this purpose.

C. Sick Leave may also be used to obtain any relief or services related to being a victim of domestic violence, sexual assault, or stalking including the following with appropriate certification of the need for such services:

1. A temporary restraining order or restraining order.

2. Other injunctive relief to help ensure the health, safety or welfare of themselves or their children.

3. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.

4. To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.

5. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.

6. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.

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16 10.4 Sick Leave Procedure
A. Employees are required to report the need for sick leave in accordance with Department policy.

Employees shall notify the scheduling system prior to the start of their scheduled duty shift when utilizing sick leave. The Fire Chief or designee may waive this requirement based on exigent or unique circumstances.

B. If an employee is on vacation and a permissible use of sick leave occurs while on vacation, the employee may report the need for sick leave in accordance with Department policy and request to be taken off vacation leave and be placed on sick leave for the hours the employee is eligible for sick leave as specified in Section 14.2 of this MOU.

C. The Fire Chief may request a physician’s certificate or a personal affidavit verifying an employee’s need for sick leave when there is evidence of excessive sick leave usages and/or a pattern of sick leave misuse, abuse or falsification (i.e., using sick leave in conjunction with days off, vacation, holidays or otherwise).

D. Employees who are eligible for temporary disability payments may use accumulated sick leave in order to maintain their regular income; provided, however, the employee is allowed a credit towards sick leave to the extent that temporary disability payments are retained by the Department.

E. Any purposed proposed changes to the Department’s current attendance management program shall be negotiated with the Union.

Section 11. Leaves

11.1 Leave of Absence
The City Managers may grant a full-time regular employee a leave of absence without pay for a period not to exceed three (3) months. After three (3) months, the leave of absence may be extended if so authorized by the Department. No such leave shall be granted except in writing stating the reasons for the requested leave. Upon expiration of the leave the employee shall be reinstated in the position held at the time the leave was granted. Failure on the part of an employee on leave to report to work promptly at its expiration or within a reasonable time after notice to return to duty, shall be cause for discipline. The Fire Chief may grant a full-time regular employee a leave of absence without pay for one (1) calendar week. During unpaid leave, an employee shall not accrue vacation or sick leave benefits, nor shall said time be considered service time. Holiday in lieu payments for which an employee would otherwise be eligible shall be adjusted on a pro-rata basis to reflect an employee's leave time.

11.2 Jury Service Leave
Employees who are summoned for jury service in state or federal court shall receive their regular pay for all time they are necessarily absent from work in order to satisfy their jury service. The City may require proof of the time spent in such jury service as a condition of receiving the time off with pay and any monies received by the employee for their jury service shall be remitted to the City. Employees who are released from jury service and are not required to return for additional jury service the following day shall report directly to work to complete the remainder of their shift or workday.

Employees who are required to serve as jurors shall not have their regular starting and ending work times changed as a result of jury service.

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17 11.3 Leaves Resulting from Subpoena
A. Employees subpoenaed or called to appear as a witness in an administrative or legal proceeding about a work-related matter shall be granted time off with pay for all time necessarily spent in compliance of the subpoena or request to testify, including travel time, waiting time and time spent testifying as a witness.

B. Employees subpoenaed or called to appear as a witness on behalf of the City or Department during their off-duty hours shall receive compensation as hours worked in accordance with Section 7 of this MOU for all time necessarily spent in compliance of the subpoena or request to testify, including travel time, waiting time and time spent testifying as a witness.

11.4 Military Leave
Military leave shall be granted in accordance with the provisions of law. All employees entitled to military leave shall give the Fire Chief an opportunity within the limits of military regulations to determine when such leave shall be taken and may modify the employee’s work schedule to accommodate the request for leave.

11.5 Family, Medical and Pregnancy Disability Leave
The City will abide by all federal and state family, medical and pregnancy disability leave laws.

11.6 Catastrophic Leave
The City will maintain a Catastrophic Leave Policy outlined in Appendix B to this MOU.

11.7 Bereavement Leave
Employees are entitled to paid leave from duty (including shift trade days) for up to two (2) shifts (48 hours) for 56-hour personnel and up to forty (40) hours for 40-hour personnel, per death in order to attend the funeral or memorial service of an immediate family member and/or to assist with matters relating to the decedent’s estate. Employees may utilize other paid leaves (including sick leave) to extend bereavement leave when approved by the Fire Chief.

For purposed of this provision, immediate family shall be defined as: spouse, domestic partner, child, unborn child, foster child who resided with the employee at the time of his/hertheir death, stepchild, mother, father, stepmother, stepfather, mother-in-law, father-in-law, brother, stepbrother, sister, stepsister, brother-in-law, sister-in-law, grandmother, grandfather, spouse’s grandmother, spouse’s grandfather, son-in-law, daughter-in-law or grandchildren.

11.8 Union Leave Bank
A. Leave Donations
Effective the first full pay period in July of each year, active bargaining unit employees may voluntarily elect to contribute to the Union Leave Bank by reducing their individual vacation accrual by six (6) hours for 56-hour personnel and four (4) hours of vacation accrual for 40 hour personnel. The contribution will be credited to the Union Leave Bank. If, at the end of any fiscal year, the Union Leave Bank has a balance of more than 1500 hours, the contribution of hours described above will not occur for that fiscal year.

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18 Employees hired during the year will have no deduction until the following fiscal year’s leave bank transfer. Employees separating from employment during the year will receive no credit for or return of hours contributed to the Union Leave Bank.

B. Usage of the Union Leave Bank
Union Leave Bank may be utilized by bargaining unit employees for scheduled work absences when all of the following conditions are met:

1. The absence is for a union authorized event or purpose.

2. A Union official has provided prior written approval for the use of the Union Leave Bank to cover the absence.

3. The Union Leave Bank has sufficient hours to reimburse the City at the applicable regular and overtime rates to provide coverage for the absence.

4. The absence is approved in writing by shift Deputy Fire Chief.

The Deputy Fire Chief shall secure a replacement to cover the shifts resulting from an approved Union Leave absence in accordance with the current practice for obtaining shift replacements.

However, nothing in this section shall supersede the Fire Chief’s duty to maintain management control over the Department to ensure adequate staffing for daily operations and emergency situations.

C. Payment for Union Leave
When bargaining unit employees receive the appropriate approval to be absent from their scheduled shift(s) for a union authorized event or purpose, payment to the employee(s) covering the open shifts(s) shall be made at the employee’s applicable regular or overtime rate on an hour-for-hour basis from the Union Leave Bank. Employees absent from work on union leave shall receive pay for their regularly scheduled shift as paid union leave. Employees covering open shifts for employees absent on union leave and employees absent on union leave shall code their time cards accordingly.

D. Indemnification

1. The City will administer the Union Leave Bank in the manner believed to be consistent with all applicable laws governing the taxation of the donated hours. The City takes no responsibility should the IRS or any other governing agency prescribe a different interpretation of applicable tax law. Any liability resulting from the reporting of taxes will fall solely on the Union and its members. As such, the Union will indemnify and defend the City against any tax claims that arise in whole or in part from its administration of the Union Leave Bank, including reasonable attorney fees.

2. The City assumes no responsibility for how union time is utilized. Time spent on union leave is not considered work time for purpose of worker’s compensation or any other purpose. The Union will indemnify and defend the City against any claim that arises in whole or part from the activities of employees utilizing such leave, including reasonable attorney fees.

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19 11.9. Administrative Leave
In recognition that Battalion Chief’s employees are required to work hours beyond their regular hours of work to fulfill their managerial responsibilities, each employee will receive 56 hours of administrative leave per year and may be credited up to a total of 80 hours of administrative time per year as recommended by the Fire Chief and approved by the City Manager.

In recognition that Battalion Chief’s employees are required to work hours beyond their regular hours of work to fulfill their managerial responsibilities, each employee received 56 hours of administrative leave on January 1, 2025.

Effective July 1, 2025, each employee will receive an additional 24 hours for calendar year 2025.

Effective January 1, 2026, each employee will receive 40 hours of administrative leave.

Effective January 1, 2027, Battalion Chiefs will no longer receive any administrative leave.

Administrative leave hours not used by the last payroll period of the calendar year will be cashed out.

Section 12. Health and Welfare

12.1 Medical Insurance - Active Employees
A. Contributions
All employees participating in the City’s health plans will contribute one of the following two amounts, whichever is greater:

1. $25 per month for employee only coverage, $25 per month for employee plus one coverage, or $50 per month for family coverage.

2. The difference between the family rate of the lowest cost HMO and the premium of the employee’s more expensive plan selection.

Contributions will be deducted from the employee’s paycheck on a pre-tax and biweekly basis.

B. Increases in Premiums
The City will pay for any increase in the medical plan premiums up to a maximum of 15% annually of the lowest cost HMO family rate. Any premium increase above 15% will be deducted from the employee’s paycheck on a pre-tax basis.

In the event that the medical premium increase is less than 15%, the City’s sole obligation is to pay the lower percentage increase.

C. Plan Co-Pays
The health maintenance organization (HMO) medical plans co-pays shall be ten dollars ($10) for office visits. The prescription drug co-pays shall be ten dollars ($10) for generic, fifteen dollars ($15) for brand and thirty-five dollars ($35) for non-formulary (the Kaiser HMO provides for a two-tier prescription drug plan). The Preferred ATTACHMENT 1
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20 Provider Organization (PPO) medical plan co-pays shall be fifteen dollars ($15) for office visits. The prescription drug co-pays shall be ten dollars ($10) for generic, twenty-five ($25) for brand and thirty-five dollars ($35) for non-formulary.

D. Changes to Plan Designs
The City reserves the right to make changes to the medical plan designs.

12.2 Retiree Medical Benefit Eligibility
Employees who retire from the City of Pleasanton under the California Public Employees Retirement System (“CalPERS”), Government Code Section 20000 et seq are eligible for retiree medical benefits.

Retirement from the City of Pleasanton means a retirement effective date through CalPERS no more than 120 calendar days after separation from the City of Pleasanton. Retirees who subsequently rescind their CalPERS retirement forfeit this retiree medical benefit eligibility.

A. Calculation of Total Service
The total years of PERS service will be evidenced by the “Years of Service Credit” category indicated on the CalPERS annual member statement or validated by CalPERS at the time of retirement.

1. Managers hired prior to January 1, 2009 (Prior Service) Employees hired before January 1, 2009 who promote to management positions may count prior years of service completed with another CalPERS municipal agency for the retiree medical benefit.

B. Spouse/Eligible Dependent Continuation of Benefits
In the case where the employee eligible for two party coverage is deceased, the amount the City is obligated to pay shall be reduced by one-half (1/2). If a spouse remarries, the obligation by the City shall terminate. Domestic partners shall be treated in the same manner as spouses for continuation of benefits.

C. Vesting Schedule for Employees Hired Before January 1, 2009

1. Service Retirement
For all employees who retire via a service retirement from the City of Pleasanton, the City shall pay four percent (4%) for each year of service of the City’s contribution toward the monthly premium for employee and one dependent.

For all service retirements the formula accelerates beginning with 10 years of service as illustrated below.

Years of Service City’s Contribution
10 75%
15 80%
20 90%
25+ years of service 100%
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21 2. Disability Retirement
For all employees who retire via a disability retirement, the City shall pay a percentage of the City’s contribution toward the monthly premium for employee and one dependent in accordance with the schedule set forth below:

Years of Service City’s Contribution
10 20%
11 25%
12 30%
13 35%
14 40%
15 45%
16 48%
17 51%
18 54%
19 57%
20 80%
21 84%
22 88%
23 92%
24 96%
25+ years of service 100%

3. City Contributions
The City’s contribution for retiree medical coverage is established as the same dollar contribution paid for active employees at the employee plus one rate of the lowest cost HMO early retiree plan.

4. Reimbursement for non-City Plans
In the event that a retiree obtains medical coverage through a plan not offered through the City of Pleasanton, the City will reimburse the retiree up to the eligible amount, but no more than the amount paid by the retiree. Retirees must supply proof of coverage and proof of payment in order to be reimbursed.

5. Benefits for Medicare Eligible Retirees
All retirees eligible for Medicate are required to apply for Medicare benefits.

Upon qualifying for and receiving parts A and B of Medicare, the City shall not be obligated to contribute an amount in excess of the monthly premium for the lowest cost HMO health plan supplement to Medicare for employee and one dependent.

D. Vesting Schedule for Employees Hired on or After January 1, 2009

1. Service Retirement
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22 For all employees who retire via service retirement from the City of Pleasanton, the City shall pay four percent (4%) for each year of service of the City’s contribution toward the monthly premium for single coverage.

For all service retirements the formula accelerates beginning with 10 years of service as illustrated below:

Years of Service City’s Contribution
10 75%
15 80%
20 90%
25+ years of service 100%
In accordance with the Public Employees’ Pension Reform Act of 2013 (PEPRA), employees hired on/after January 1, 2013 and considered “new members” by CalPERS will have a vesting schedule equal to the vesting schedule of miscellaneous employees.

2. Disability Retirement
For all employees who are hired on or after January 21, 2009 and retire via disability retirement, the City shall pay a percentage of the City’s monthly contribution toward the premium for single coverage in accordance with the schedule set forth below:

Years of Service City’s Contribution
10 20%
11 25%
12 30%
13 35%
14 40%
15 45%
16 48%
17 51%
18 54%
19 57%
20 80%
21 84%
22 88%
23 92%
24 96%
25+ years of service 100%

3. Public Employee Pension Reform Act (2013)
In accordance with PEPRA, employees hired on or after January 1, 2013 and considered “new members” by CalPERS will have a vesting schedule equal to the vesting schedule of miscellaneous employees.

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23 4. City Contributions
The City’s contribution for retiree medical coverage is established as the same dollar contribution paid for active employees at the single rate of the lowest cost HMO Plan early retiree plan.

5. Reimbursement for non-City Plans
In the event that a retiree obtains medical coverage through a plan not offered through the City of Pleasanton, the City will reimburse the retiree up to the eligible amount, but no more than the amount paid by the retiree. Retirees must supply proof of coverage and proof of payment in order to be reimbursed.

6. Benefits for Medicare Eligible Retirees
Retiree health benefits, including reimbursement, will cease once the employee becomes Medicare eligible.

7. Retiree Health Savings Plan
For employees hired on or after January 21, 2009, the City will contribute one hundred fifty dollars ($150) per month to the employee's RHSP. Additionally, each employee eligible for the City contribution will have a mandatory, pre-tax deduction of one hundred fifty dollars ($150) per month toward the RHSP. The total monthly contribution to the RHSP will be three hundred dollars ($300).

Employees have a vested right to the funds at the time of deposit. Funds deposited in the RHSP are portable and belong to the employee, regardless of length of service or reason for separation.

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24 12.3 Dental
The City shall contribute an amount necessary to provide dental care benefits for the individual employees and eligible dependents. The City shall provide a lifetime maximum orthodontia coverage of $2,000 for individual employees and eligible dependents.

12.4 Life Insurance
The City shall contribute an amount necessary to provide $100,000 life and $100,000 accidental death and dismemberment insurance coverage for individual full-time employees.

Employees may purchase at their own expense and within the limits set by the insurance carrier, additional amounts of life insurance under the existing policy.

12.5 Vision Care
A vision care plan will be provided as an option for employees and the cost of such coverage shall be included in the 125 Plan.

12.6. Long Term Disability
The City shall pay to the Union the sum of twenty-nine dollars and fifty cents ($29.50), up to a maximum of forty dollars ($40.00) towards the monthly premium for each Battalion Chief enrolled in the Union’s long-term disability plan. Said payments shall be made in arrears monthly.

12.7 Extended Benefits
The City will consider voluntary proposals from the Union's membership to utilize their leave and medical benefits to extend the leave and medical benefits for employees on protracted medical leave.

12.8 Employee Assistance Program
The City shall provide an Employee Assistance Program for employees covered by this MOU.

Section 13. Retirement

13.1 Retirement Plans and Employee Contributions
A. Employees hired before December 22, 2012 (Tier 1 Classic) Employees hired prior to December 22, 2012 are provided the CalPERS 3% @ 50 local safety plan with the 12-month final compensation period. Such employees shall contribute 9.0% of their CalPERS reportable compensation towards the employee share and an additional 3.0% of their CalPERS reportable compensation towards the employer share (12% total employee contribution) for the CalPERS 3% @ 50 local safety plan.

Effective July 11, 2020, Tier 1 Classic employees shall contribute an additional onehalf percent (0.5%) of their CalPERS reportable compensation toward the employer share (12.5% total employee contribution) for the CalPERS 3% @ 50 local safety plan.

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25 B. Employees hired on or after December 22, 2012 (Tier 2 Classic) Employees hired on or after December 22, 2012 and before January 1, 2013, and employees hired on or after January 1, 2013 who are otherwise “classic” employees, are provided the CalPERS 3% @ 55 local safety with the 36-month final compensation period. Such employees shall contribute 9.0% of their CalPERS reportable compensation towards the employee share and an additional 3.0% of their CalPERS reportable compensation towards the employer share (12.5% total employee contribution) for the CalPERS 3% @ 55 local safety plan.

Effective July 11, 2020, Tier 2 Classic employees shall contribute an additional onehalf percent (0.5%) of their CalPERS reportable compensation toward the employer share (12.5% total employee contribution) for the CalPERS 3% @ 55 local safety plan.

C. Employees hired on or after January 1, 2013 (Tier 3 New-PEPRA) Fire safety management employees hired on or after January 1, 2013 and considered “new members” by CalPERS shall be provided the CalPERS 2.7% @ 57 local safety plan with the 36-month final compensation period. Such employees shall contribute 50% of the normal cost for the 2.7% @ 57 local safety plan as established by CalPERS.

13.2 Additional Retirement Benefits
All employees shall receive the following additional contracted for optional CalPERS benefits:

Section 20965, Credit for Unused Sick Leave
Section 21574, 1959 Survivors Benefit, Fourth Level
Section 21548, Pre-retirement Option 2W Death Benefit

13.3 Pre-tax Employee Contribution
All contributions paid by employees towards the cost of CalPERS pension benefits will be deducted on a pre-tax basis to the extent permitted by law.

Section 14. Uniforms
Effective July 5, 2025, the Annual annual uniform allowance shall be one thousand two hundred ($1,0001,200.00) dollars. The uniform allowance will be paid in equal biweekly installments in accordance with California Government Code Section 20363. The amount the City contributes toward the uniform allowance is subject to federal and state income tax withholding.

14.1 Payment
The uniform allowance shall be paid in employee paychecks. CalPERS will be deducted for all members in accordance with the provisions of Section 8.1 (California Public Employees’ Retirement System).

14.2 Uniform Changes
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26 Uniform changes will be at the expense of the Department. The Department shall replace Class B pants, Class B shirt, and Class B boots on a one for oneone-for-one basis, as needed.

Section 15. Credit Union
The City shall implement a voluntary payroll deduction option for employees who wish to join the Firefighter First Credit Union, First United Services Credit Union or UNCLE Credit Union for the purposes of transacting business with these credit unions.

Section 16. Probationary Period

16.1 Length of Probationary Period
All appointments shall be subject to a probationary period of twelve (12) months service time.

Personnel who serve in a long-term acting assignment any time during the two (2) years prior to their promotion will receive credit towards the twelve (12) month promotional probationary period for their long-term acting assignments up to a combined maximum of six (6) months. All other provisions of probationary period will apply.

16.2 Notification Requirements
An employee who is not rejected prior to the completion of the prescribed probationary period shall be deemed to have passed the prescribed probation period automatically subject to the provisions of Section 16.3 and 16.4.

16.3 Extension of Probationary Period
The Fire Chief may extend the probationary period once for a period not to exceed ninety (90) days, in order to further evaluate the performance of the probationary employee.

16.4 Tolling of Probationary Period
The duration of the probationary period shall automatically be tolled when the probationary employee is unable to perform the full range of regular duties for their position due to an approved leave of absence or restricted modified duty status that exceeds thirty (30) consecutive calendar days. The tolling period shall start on the thirty-first (31st) calendar day of the approved leave of absence and/or modified duty status and extend the probationary period by the number of days of leave or modified duty beyond the thirty (30) days.

16.5 Rejection of Probationary Employee – Promotional Appointment An employee rejected during the probationary period following a promotional appointment or at the conclusion of the probationary period shall be reinstated to a position in the class from which the employee was promoted.

At any time during the first three (3) months of the employee’s probationary period, the employee shall have the option of voluntarily returning to their previously held position.

Section 17. Promotion, Demotion, and Long-Term Acting Assignments A. Promotion
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27 Promotional or open-promotional examinations may be conducted whenever the Fire Chief determines the needs of the service require. Only employees who meet the requirements set forth in the examination announcements may compete in promotional examinations.

Insofar as consistent with the best interests of the Department as determined by the Fire Chief, vacancies in the Department shall be filled by promotion from within the Department after a promotional examination has been given and a promotional list established.

If in the opinion of the Fire Chief, a vacancy in the Department should be filled by an open-competitive examination instead of promotional examination, the Fire Chief shall arrange an open-competitive employment list consistent with Personnel Rules.

B. Demotion
Bargaining unit employees who are promoted to a Deputy Fire Chief classification out of the bargaining unit and subsequently demote during their first twelve (12) months of service as a Deputy Fire Chief shall be reinstated to a bargaining unit position in the classification from which they were promoted. Such employees will have all seniority in their former rank restored at the time of demotion but shall not receive any additional rank seniority for the time served in the chief officer classification.

Battalion Chiefs hired from outside the Department cannot demote into a fire suppression position.

Section 18. Resignation, Reinstatement and Layoff

18.1 Automatic Resignation
Failure to return at the expiration of a leave of absence or being absent without leave shall be considered an automatic resignation. The Fire Chief may rescind such a resignation if the employee submits satisfactory reasons for his/hertheir absence within three (3) calendar days of the date his/hertheir resignation was effected.

18.2 Voluntary Resignation
An employee may resign in good standing by submitting to the Fire Chief a written resignation notice at least two (2) weeks in advance of the effective date of the resignation.

18.3 Reinstatement
With the approval of the Fire Chief, an employee who has resigned in good standing may be reinstated within two (2) years of the effective date of resignation to a vacant position in the same or comparable class. Upon reinstatement, the employee, for all purposes, shall be considered as though the employee had received a new appointment.

When an employee is reinstated within a two-year period, the employee’s seniority date shall be the date of the reinstatement, not the original appointment date except for service time with CalPERS, if the employee has contributions in PERS when reinstated and except for calculating service credit time for retiree medical purposes with the LPFD.

Reinstated employees may use prior service credit for promotional eligibility purposes.

Reinstated employees may petition the Fire Chief after six months to be removed from probationary status.

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28 18.4 Layoff
The Fire Chief may lay off an employee because of material changes in duties, organization or shortage of work or funds.
“Notice of Intent to Lay Off” will be provided to employees who may be impacted and the Union at least 16 weeks prior to the anticipated date of lay off.

The employee having the least length of total continuous service with the Department in the classification, in which the Fire Chief is laying off, shall be laid off first.

Employees scheduled to be laid off may, however, displace the least senior employee in the next lower paying classification of like work who has less seniority. Employees laid off or who through displacement have changed classification shall have their name placed upon a re-employment list in seniority order. The employee with the highest seniority on a re-employment list for a particular classification when a vacancy exists in that classification shall be offered the appointment. Each name shall be carried on a re-employment list for a period of one (1) year from the date of lay off from Department service or change of classification through displacement. The Fire Chief may extend the name(s) on a re-employment list for an additional one (1) year. No name shall be carried on a reemployment list for a period longer than two (2) years from the date of lay off from Department service or change of classification through displacement unless authorized by the City Manager.

Section 19. Discipline
The Department acknowledges that Battalion Chiefs are not at-will employees. Battalion Chiefs are entitled to Skelly rights and all rights and protections afforded by the Firefighters Procedural Bill of Rights Act Government Code Section 3250 et seq (FFBRA) with respect to investigations the imposition of discipline or “punitive action” and administrative appeals.

Letters of Written Reprimand
All Letters of Written Reprimand in an employee’s personnel file will be removed from the file four (4) years after the date of issuance at the request of the affected employee. Letters of Written Reprimand not removed after the four (4) year period will be disregarded.

Section 20. Grievances

20.1 A grievance is any dispute, which involves the interpretation or application of any provision of this Memorandum of Understanding excluding, however, those provisions of this Memorandum of Understanding, which specifically provide that the decision of any Fire Department official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure.

Any dispute which involves the interpretation or application of department policies outside this Memorandum of Understanding is not considered a grievance and is subject to an informal dispute process as follows:
a. The dispute will be presented, in writing, to the applicable Deputy Fire Chief. The applicable Deputy Fire Chief will render a determination.

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29 b. The dispute may be appealed, in writing, to the Fire Chief. The Fire Chief will render a determination.
c. The dispute may be appealed, in writing, to the City of Pleasanton City Manager’s Office.

The City Manager or his/her their designee will render a determination which shall be final.

20.2 Grievances shall be processed in the following manner:
a. Within thirty (30) days of the knowledge of an event giving rise to a grievance, an employee or the union may request in writing a meeting to discuss the grievance with the Deputy Fire Chief. The Deputy Fire Chief shall investigate the grievance and the Deputy Fire Chief shall render a decision within fourteen (14) calendar days from the date the grievance was received.
b. No grievance involving demotion, reduction in pay, suspension, or discharge of an employee will be entertained unless it is filed in writing with the Fire Chief within seven (7) working days of the time at which the affected employee was notified of such action. c. Within fourteen (14) calendar days from receipt of the Deputy Fire Chief's decision in Step 1 above, the employee or official of the Union may notify the Fire Chief in writing that a grievance exists, stating the particulars of the grievance, citing the specific section of this Memorandum of Understanding they believe has been violated, and, if possible, the nature of the determination desired. The Fire Chief shall have fourteen (14) days from receipt of notification in which to investigate the issues, meet with the complainant and attempt to reach a satisfactory resolution of the problem. The Fire Chief will then issue a decision of the parties. No grievance may be processed under paragraph (4 below), which has not first been filed and investigated in accordance with this paragraph (3). d. Within fourteen (14) calendar days from receipt of the Fire Chief's decision in Step 2 above, the employee or official of the Union may appeal the decision of the Fire Chief to the City Manager. The City Manager shall have fourteen (14) days from receipt of notification in which to investigate the issues, meet with the complainant and attempt to reach a satisfactory resolution of the problem. The City Manager will then issue a decision to the parties. No grievance may be processed under paragraph (5 below), which has not first been filed and investigated in accordance with this paragraph (4). e. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this Memorandum of Understanding, the Union may appeal the decision of the City Manager to arbitration within fourteen (14) days of the notification of the City Manager’s decision. The arbitrator shall be designated by mutual agreement between the Union and the Department. The fees and expenses of the arbitrator and court reporter shall be shared equally between the Fire Department and the Union.

Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.
f. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law, Ordinances and Resolutions of the Livermore-Pleasanton Fire Department JPA.

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30 20.3 The time limits previously set forth shall be considered maximums and every effort shall be made to expedite the process. The limits specified may, however, be extended by mutual agreement of the parties.

20.4 No arbitrator shall entertain, or hear, any dispute unless such dispute involves a position in the unit represented by the Union and unless such dispute falls within the definition of a grievance as set forth in Subsection 20.1.

20.5 Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto, shall not be arbitrable and no proposal to modify amend or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal may be referred to arbitration under this Section. No arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreement or addenda supplementary hereto or to establish any new terms or conditions of employment.

20.6 If the Fire Chief in pursuance of the procedures outlined in subsection 20.2 above resolves any grievance, which involves suspension or discharge, the Fire Chief may agree to payment for lost time or to reinstatement with or without payment for lost time.

20.7 All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Fire Chief. Complaints which allege that employees are not being compensated in accordance with the provision of this Memorandum of Understanding shall be considered as grievances.

Both parties agree that adjustments shall be retroactive for a maximum of six (6) months from the date upon which the complaint was filed except in instances where retroactive adjustments are mandated by federal or state law or required by outside entities.

In the event the City overpays an employee above the compensation outlined in this Memorandum of Understanding, the City may collect up to six (6) months of overpayment dated from the date of discovery.

Any other matters of compensation are to be resolved in the meet and confer process and detailed in the Memorandum of Understanding. If the matter is not detailed in the MOU, it shall be deemed withdrawn until the next meet and confer process is opened for such discussion.

20.8 No changes in this Memorandum of Understanding or interpretation thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the Fire Department Fire Chief and the Union.

20.9 The provision of this Section shall not abridge any right to which an employee may be entitled under the Fire Department ordinance and resolution, nor shall it be administered in a manner which would abrogate any power which may be within the sole province and discretion of the Fire Department’s governing board.

All grievances of employees represented by the Union shall be processed under this section.

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31 Section 21. Medical Examination

21.1 Fitness for Duty Exams
The Fire Chief retains the right to subject employees to job-related fitness for duty medical examinations to ensure employees can safely perform the essential functions of their job classifications as specified in established job descriptions. In the event the Fire Chief, after consultation with the Human Resources Director, determines there are identifiable reasons to believe an employee may be unable to safely perform the essential functions of their job classification, an employee shall submit to a fitness for duty medical examination at any time while on duty. The notice provided to the employee directing them to submit to a medical examination does not need to include the identifiable reason(s) for the referral. A physician selected by the Department shall conduct the fitness for duty examination and the full cost of the examination shall be borne by the Department, as shall any medical examination required by the Employer. A copy of the medical examination report shall be given to the employee.

Should the employee disagree with the opinion of the Department’s physician, the employee may consult with their own physician (at the employee's expense). If the employee’s private physician's report conflicts with the Department's physician in terms of ability to perform the duties of the employee's regular job, the employee may request a medical examination by a third physician mutually agreed upon by the employee and the Department. The employee and the Department will share the costs for the third examination. The decision of the third physician concerning the employee’s fitness for duty shall determine the employee’s ability to return to work.

21.2 Wellness-Fitness/Modified Duty Program
On August 1, 2001, the Department and the Union adopted the IAFC-IAFF Fire Service Joint Labor Management Wellness-Fitness Initiative (3rd Edition as amended). Exceptions to the current program may be implemented during the term of this MOU by mutual agreement between the Department and the Union.

The Modified Duty Program permits eligible employees to return to work in a modified duty capacity when an illness or injury prevents employees from performing their regular duties. The program is outlined in the Department General Orders.

The Department shall provide all employees over the age of 40 with a twelve-lead stress EKG examination biannually. If the test suggests an employee is immediately unsafe for fire suppression duties, the Fire Chief will be notified that the employee is not fit for duty. No other information will be provided to the Fire Chief or Employer without the employee’s consent.

The Department shall provide a mandatory physical fitness program to the employees.

21.3 Substance Testing
Bargaining unit employees are subject to the Substance Testing Policy attached as Appendix C to this MOU.

Section 22. Outside Employment
Employees who plan to engage in regular employment during their off duty time must notify the Fire Chief of said employment in writing on the Department’s Outside Employment Form.

ATTACHMENT 1
386
32 No employee shall accept outside employment that creates a conflict with their full-time employment with the Department.

Employees shall not solicit outside employment while on duty for the Department or use their Department positions as an aid or leverage to gain outside employment.

Section 23. Disability Accommodations
The Union recognizes that the City has an obligation under law to meet with individual employees who request reasonable accommodation in the work place because of a disability. If the City contemplates actions to provide reasonable accommodation to an individual employee in compliance with applicable law and the accommodation conflicts with any provision of this MOU, the Union will be advised of any such proposed accommodation and be afforded an opportunity to discuss the same prior to implementation by the Department.

Section 24. Miscellaneous

24.1 Deferred Compensation Program
The City shall provide a voluntary Internal Revenue Code (“IRC”) 457 deferred compensation plan and a voluntary Internal Revenue Service (“IRS”) 401A plan. Any funds deposited in a deferred compensation plan under this provision belong to the employee, regardless of length of service or reason for separation.

The City shall contribute two and one-half percent of the employee’s base compensation into a 457 deferred compensation plan. City contributions are tax deferred, and count towards the 457 annual maximum deferral as designated by the IRS. Employees without an existing 457 account with a City sponsored provider must establish one in order to receive the City contribution, but no employee contribution to the account is required.

24.2 Tuition and Book Reimbursement
Regular employees are eligible for tuition and fee reimbursement for college or university courses successfully completed with a grade of “C” or better, provided said courses have been approved in advance by the Fire Chief and are taken from an educational institution accredited by the Western Association of Schools and Colleges, or any other accrediting agency approved by Human Resources.

Tuition is reimbursed in the amount up to, but not to exceed, the annual registration fees levied by California State University, East Bay for degrees available at the time the employee enrolled in the course(s) for which the tuition reimbursement is requested. Eligible fees shall be limited to: university fee; student body fee; IRA (instructional related activity) fee; facility fee; university union fee; health services fee and ID fee.

The maximum tuition and fee reimbursement an employee may receive per fiscal year shall not exceed the annual maximum levied by California State University, East Bay for the academic year beginning in the fall of each year. The “academic year” is currently defined as the “fall semester and the spring semester.” Employees accepted and enrolled in an undergraduate program are eligible to receive reimbursement up to the full-time equivalent for undergraduate tuition and fees at CSU East Bay.

Employees accepted and enrolled in a graduate program are eligible to receive reimbursement up to the full-time equivalent for graduate tuition and fees at CSU East Bay.

ATTACHMENT 1
387
33 Requests for tuition and fee reimbursement are to be submitted at the completion of each quarter or semester during which the courses were completed. An official receipt verifying the tuition and fee charged, the tuition and fees paid, and a transcript of grades shall accompany the reimbursement request.

Employees can be reimbursed for books required for college or university courses approved by Human Resources and successfully completed with a grade of "C" or better. The maximum reimbursement for books an employee may receive shall not exceed $300 per fiscal year. To be reimbursed, the employee must submit receipts from the college or university and proof of grades received.

24.2 3 Helmets
For as long as the Department continues to issue leather helmets, Battalion Chiefs will be issued a leather helmet at time of promotion. Helmets are to remain with each individual at retirement.

24.3 4 EMT Certification
Emergency Medical Technician (“EMT”) certification is a mandatory condition of employment for Battalion Chiefs. The Department will provide all necessary training and testing relating to the recertification process at no cost to employees. If an employee does not successfully complete the EMT re-certification process provided by the Department, the employee will have six (6) months to meet recertification requirements or be subject to termination for failure to meet position standards.

The expenses, in such cases, will be the responsibility of the employee. The six (6) month grace period, if requested, may be extended due to course availability but, employees must enroll and participate in the first available course.

24.4 5 Staffing
The parties agree that the desired minimum staffing is two (2) Battalion Chiefs per shift, and one (1) Training Chief. Staffing levels are ultimately at the discretion of each city, and based on community need, economic conditions, and City funding.

At the discretion of the Fire Chief, staffing may be increased above the daily minimum of two for potential emergency needs or special events.

The parties have also met and conferred and reached agreement over procedures and guidelines to staffing Battalion Chief’s positions which is contained in the Fire Department Manual. During the term of the MOU, any changes to the Fire Department Manual staffing Battalion Chief position must be done by mutual agreement of the parties.

24.5 6 Total Compensation Survey
Total compensation includes salary, and a variety of other benefits. Among such benefits, but not exclusively, are contributions or payments made by the Employer toward retirement (CalPERS), medical insurance, dental insurance, life insurance, vision insurance, disability insurance, uniform allowance, and holiday pay. In addition, there can also be add-on costs for different incentives or services performed.

ATTACHMENT 1
388
34 Total compensation information will be gathered from similar agencies to determine how the Employer’s benchmark classifications compare with comparable positions in other agencies. The agencies used for comparison are listed below.

Berkeley
Fairfield
Fremont
Hayward
Palo Alto
Richmond
San Ramon Valley Fire Protection District
Santa Clara (City)
Santa Rosa
Vallejo
Total compensation arrays will be provided to the Union three (3) months prior to the expiration of the MOU.

24.6 7 Continuity of Operations
The Union, its members and representatives, agree that they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal to work overtime, refusal to operate designated equipment (provided such equipment is safe and sound), or concerted refusal to perform customary duties during the term of this MOU. Further, neither the Union nor any representative thereof shall engage in any job action for the purpose of effecting changes in the directives, decisions, personnel or operations of the Department or Employer, nor in sympathy or support of employees not covered by this MOU.

Section 25. Bargaining Waiver and Separability of Provisions Except as provided in this MOU, each party to this agreement voluntarily waives its right to negotiate during the term of this agreement with respect to any matter expressly covered by this MOU or proposed by that same party during the negotiations leading to this MOU.

Should any provision of this MOU be rendered unlawful or unenforceable by any subsequent legislative enactment, state regulation or by a court of competent jurisdiction only that provision of the MOU shall be null and void, and all other provisions of the MOU shall not be affected and shall remain in full force and effect.

ATTACHMENT 1
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35 Section 26. Existing Memorandum of Understanding
This MOU shall supersede all existing memoranda of understanding between the JPA and the Union for employees represented by the Union for the period commencing September 1July 1, 2022 2025 and ending June 30, 20252028.

LOCAL 1974, INTERNATIONAL

ASSOCIATION OF FIREFIGHTERS
Battalion Chief’s Unit,

AFL-CIO-CLC

LIVERMORE-PLEASANTON FIRE

DEPARTMENT JOINT POWERS

AUTHORITY
By____________________________
Craig Berchtold
By__________________________________
Gerry Beaudin, City of Pleasanton
By____________________________
Dan Moyles
By____________________________
Frank Nasca
By__________________________________
Marianna Burch, City of Livermore
By__________________________________
Xaviera Scoggins, City of Pleasanton
By____________________________
James Smith
By____________________________
Matt Thau
By__________________________________
Tina Olson, City of Livermore
By__________________________________
Kristen Hilton, City of Livermore
By__________________________________
Tina Pruett, City of Pleasanton
ATTACHMENT 1
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36 Appendix A – Salary Schedules
Effective January 4, 2025 Monthly Salary Range Yearly Salary Range Salary Range $ 15,458.42 $ 18,760.60 $ 185,501 $ 225,127 Effective July 4, 2026 Monthly Salary Range Yearly Salary Range Salary Range $ 15,922.17 $ 19,323.42 $ 191,066 $ 231,881 Effective July 3, 2027 Monthly Salary Range Yearly Salary Range Salary Range $ 16,399.84 $ 19,903.12 $ 196,798 $ 238,837 ATTACHMENT 1
391
37 Appendix B – Catastrophic Leave Policy
The catastrophic leave program permits employees to donate hours of sick leave or vacation leave for the purpose of providing eligible employees, upon approval, additional hours of paid leave.

CATASTROPHIC ILLNESS OR INJURY
A catastrophic illness or injury is a major medical condition that disables the employee from working for a protracted period of time.

ELIGIBLE EMPLOYEE
An employee who because of a catastrophic illness or injury has exhausted his/hertheir accrued sick leave or vacation leave, and:

1. Is ineligible for any city disability income benefits; and

2. Has an acceptable sick leave record as determined by the sick leave administrative committee upon the recommendation of the Fire Chief.

DONATING SICK LEAVE
Employees may donate sick leave, or vacation leave to an eligible employee approved for catastrophic leave upon completion of the necessary form. Donations of sick leave once made are irrevocable.

REQUESTING/APPROVING CATASTROPHIC LEAVE
Requests for catastrophic leave must be in writing and be accompanied by a physician's certificate attesting to the catastrophic illness or injury.

ADMINISTRATION
The catastrophic leave shall be administered by a committee comprised of two representatives designated by the Union and two representatives designated by the city manager. The committee shall be responsible for reviewing requests for catastrophic leave and determining the requesting employee's eligibility for such leave. The committee shall recommend to the City Manager of Pleasanton if the request should be approved, the number of catastrophic leave hours to be granted, and under what conditions. The Pleasanton City Manager’s decision regarding the request shall be final. (NOTE: Per IRS rules and regulations, all donations received by eligible employees are subject to regular payroll tax deductions.)
ATTACHMENT 1
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38 Appendix C – Substance Testing Policy

LIVERMORE-PLEASANTON

FIRE DEPARTMENT GENERAL OPERATIONS

G.O.#: EFFECTIVE DATE: PREV. DATE:

SECTION: SUBJECT: Substance Testing Policy Page 1 of 12 Page (s) I. PURPOSE:

Livermore-Pleasanton Fire Department (“LPFD”) is committed to providing a safe and drug-free work environment. This commitment is placed in jeopardy when any employee uses drugs or alcohol in a manner that violates the law or LPFD policy. A department member with a substance abuse problem poses a risk to the safety and welfare of themselves, their co-workers, and the public atlarge. This policy is adopted to address the negative effects that drug and alcohol misuse and abuse can cause in the workplace and to prevent future negative effects from occurring, including accidents and injuries.

II. POLICY:

A. All content herein shall be referred to as the LPFD Substance Testing Policy (“Policy”).

B. All supervisors and managers (“Supervisors”) in LPFD are responsible for actively taking steps to carry out this Policy.

C. This Policy applies to all LPFD employees and individuals seeking employment regardless of rank with respect to alcohol and drugs, including any and all substances, drugs or medications, whether legal or illegal, which could impair an employee’s ability to effectively and safely perform the functions of their job (“Covered Employee” or “Covered Employees”).

D. All testing pursuant to this Policy shall be conducted through independent third-party collection facilities, laboratories, and Medical Review Officers, all of whom are not affiliated with LPFD, the City of Livermore, or the City of Pleasanton.

E. With respect to alcohol, the following conduct by Covered Employees is prohibited:

1. consumption of alcohol within four hours of beginning work;

2. purchase of alcohol from a brick-and-mortar retailer while on-duty and in LPFD uniform, or while on-duty and driving or acting-as-passenger in a vehicle reflecting LPFD insignia;
ATTACHMENT 1
393
39 3. Distribution, defined as providing alcohol to a fellow LPFD member or member of the public, while on-duty other than as a packaged gift that remains unopened and is stored and remains in a Covered Employee’s personal vehicle;

4. Possession of alcohol while at work, excluding unopened alcohol that is stored and remains in a Covered Employee’s personal vehicle while parked on LPFD premises;

5. consumption of alcohol while on-duty; and

6. consumption of alcohol following an on-duty motor vehicle accident that is subject to post-accident testing pursuant to this Policy until the Covered Employee is tested or a decision is made to not test the Covered Employee.

Any Covered Employee who is under the influence of alcohol (i.e., on-the-job impairment) or has the odor of alcohol on their breath will not be permitted to remain on duty.

F. With respect to marijuana/cannabinoids, the following conduct by Covered Employees is prohibited:

1. consumption of marijuana/cannabinoids within four hours of beginning work;

2. purchase of marijuana/cannabinoids from a brick-and-mortar retailer while on-duty and in LPFD uniform, or while on-duty and driving or acting-as-passenger in a vehicle reflecting LPFD insignia;

3. Distribution, defined as providing marijuana/cannabinoids to a fellow LPFD member or member of the public, while on duty;

4. Possession of legal marijuana/cannabinoids while at work, excluding unopened marijuana/cannabinoids that are stored and remain in a Covered Employee’s personal vehicle while parked on LPFD premises;

5. consumption of marijuana/cannabinoids while on-duty; and

6. consumption of marijuana/cannabinoids following an on-duty motor vehicle accident that is subject to post-vehicle accident testing pursuant to this Policy until the Covered Employee is tested or a decision is made to not test the employee.

Any Covered Employee who is under the influence (i.e., on-the-job impairment) of marijuana/cannabinoids will not be permitted to remain on duty.

ATTACHMENT 1
394
G.O.#: EFFEC. DATE: PREV. DATE: Page 3 of 12 Pages
40 G. With respect to drugs other than marijuana/cannabinoids, while on-duty, Covered Employees shall not use, possess, sell, transfer, distribute or be under the influence (i.e., on the job impairment) of any illegal drug recognized as illegal.

H. This Policy does not prohibit Covered Employees from using prescription drugs in the manner prescribed and as deemed safe by a treating health care provider. This Policy does, however, require Covered Employees to notify their Supervisor if they are using a prescription drug while on-duty that, according to the drug manufacturer, a pharmacist, or a physician, may induce drowsiness or otherwise impair their ability to perform the full scope of their duties safely. If there are questions regarding the Covered Employee’s ability to perform assigned duties safely and effectively when using such medications, the City of Pleasanton’s occupational health provider will be required to clear the employee for on-duty use of such medication.

I. LPFD may require a Covered Employee to submit to a drug or alcohol test in accordance with this Policy under the following circumstances: (1) reasonable suspicion; (2) postaccident; (3) return-to-duty; or (4) pursuant to the terms of a Last Chance Agreement.

J. LPFD may discipline a Covered Employee for violation of this Policy, up to and including termination from employment, subject to due process and representation rights.

K. A Covered Employee who tests positive for the first time in violation of this Policy will be offered a Last Chance Agreement in lieu of termination. The Last Chance Agreement will be negotiated between LPFD, the Union and /or the Covered Employee.

Notwithstanding this requirement, LPFD may deny a Covered Employee the offer of a Last Chance Agreement in egregious situations or when the Covered Employee refuses to submit to testing as authorized by this Policy.

L. In an effort to encourage the Covered Employee to take responsibility for their behavior, the Last Chance Agreement or other Agreement will include a requirement, among others, that the Covered Employee undergo an evaluation by a substance abuse professional and complete any recommended treatment. In such instances, the City will offer treatment to the Covered Employee in a substance abuse treatment program recommended by a Substance Abuse Professional.

1. The City will pay seventy percent (70%) of the treatment program costs that are not covered by the Covered Employee's health insurance. The Covered Employee will pay the remaining thirty percent (30%) of the treatment program cost. The City’s contribution for treatment, however, shall not exceed $100,000 for all Union members in a fiscal year.

ATTACHMENT 1
395
G.O.#: EFFEC. DATE: PREV. DATE: Page 4 of 12 Pages
41 2. If the Covered Employee is not otherwise on paid administrative leave or on paid worker’s compensation leave, the Covered Employee’s time in the treatment program will be unpaid per the terms of the applicable MOU, but the Covered Employee may elect to use accrued paid time off, if available.

3. During a Covered Employee's career, a second opportunity for treatment may, in the City’s discretion, be offered in the event of a relapse. A Covered Employee is not eligible for a second treatment opportunity unless considerable time has passed and the Covered Employee is otherwise in good standing. Discipline, which could include termination, will be imposed for the second violation of this Policy. If a second treatment program is allowed in lieu of termination, the Covered Employee will be responsible for the entire cost.

4. To the extent a Covered Employee tests positive for drugs or alcohol in violation of this Policy, completion of a return-to-duty test with a negative test result for the substance at issue will be required before the Covered Employee may return to work.

5. As a condition of continued employment, a Covered Employee who tests positive in violation of this Policy will be subject to unannounced follow-up testing for up to 12 months after the Covered Employee has returned to duty.

M. A Covered Employee who refuses to submit to any required drug or alcohol test authorized by this Policy will be treated in the same manner as a Covered Employee who tests positive on a drug or alcohol test. Refusal to submit to a drug or alcohol test as required by this Policy constitutes insubordination and may result in discipline, up to and including termination, in accordance with full due process and representation rights.

N. Under this Policy, a Covered Employee is deemed to have tested positive for alcohol if test results indicate a concentration of 0.02 or higher.

O. Marijuana/Cannabinoids (Marijuana) will only be considered a violation of this Policy in conjunction with objective signs that support reasonable suspicion as defined in this Policy.

P. To provide Covered Employees with substantial advanced notice regarding this Policy, LPFD will implement this Policy no earlier than three months from the Policy’s effective date.

ATTACHMENT 1
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G.O.#: EFFEC. DATE: PREV. DATE: Page 5 of 12 Pages
42 III. PROCEDURE:

TYPES OF TESTING
A. Pre- Employment Screening

1. Applicants seeking initial employment with LPFD in any of the job classifications identified in the definition of Covered Employees shall be subject to a preemployment screening for drugs. Pre-employment screening does not apply to existing LPFD employees applying for promotion or assignment to another position with the LPFD. LPFD will provide notice to applicants that they will be required to undergo and pass a pre-employment drug test as a condition of employment in advance of hiring. In such notice, LPFD will provide a description of the associated drug (and potentially alcohol) test.

2. Applicants who test positive for substances prohibited by this Policy will have an opportunity to demonstrate to a third-party Medical Review Officer that their use of the substance is authorized by a prescription from a health care provider and that such use is in a manner consistent with the instructions set forth in the supporting prescription. If the applicant makes a satisfactory showing, then the positive drug test does not disqualify the applicant from appointment.

3. Applicants found to have a positive screening test for drugs or alcohol shall be disqualified from appointment. Refusing to submit to a pre-employment screening required under this subsection will be deemed a failure of the screening, thereby resulting in a rejection of the individual’s application for the appointment.

B. Reasonable Suspicion

1. Covered Employees are required to submit to a drug or alcohol test authorized by this Policy when a Trained Employee has reasonable suspicion to believe that a Covered Employee is under the influence of drugs or alcohol. “Trained Employee” means any employee of the LPFD who has participated in the training program further described in this Policy.

2. “Reasonable suspicion” is a belief based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech and/or body odors of the employee and reasonable inferences drawn from those facts related specifically to job performance, a threat to themselves or the safety of others.

Reasonable suspicion shall be documented on the Observation of Impairment Report, the form of which is attached as Attachment A and is hereinafter referred to as the “Observation of Impairment Report”.

ATTACHMENT 1
397
G.O.#: EFFEC. DATE: PREV. DATE: Page 6 of 12 Pages
43 3. A Trained Employee must notify a command staff member immediately of their reasonable suspicion that a Covered Employee is under the influence of drugs or alcohol and the affected Covered Employee must be removed from duty and then provided with an opportunity to explain alternative reasons for the physical symptoms or articulable phenomena. The Covered Employee will be allowed to consult with a union representative before providing any explanation about physical symptoms or articulable grounds allegedly giving rise to reasonable suspicion, and to have the union representative present if the union representative is reasonably available. Such union consultations will not permit a Covered Employee to delay or refuse the inquiry necessary to establish reasonable suspicion (other than explanation from the Covered Employee) or drug testing.

4. A finding of reasonable suspicion must be made before a Covered Employee may be directed to submit to testing. Only a command staff member, or the Human Resources Director—acting upon the information provided by a Trained Employee—is authorized to direct a Covered Employee to submit to testing. The facts underlying the determination of reasonable suspicion shall be disclosed in writing to the Covered Employee at the time the Covered Employee is directed by LPFD or the Human Resources Director to submit to a test. Attachment A shall be used to document the determination of reasonable suspicion.

5. A command staff member or the Human Resources Director of Pleasanton shall arrange for the testing and transport of the Covered Employee to the testing site.

6. After the Covered Employee submits to testing, they will be prohibited from returning to work during the same shift. The Covered Employee shall be paid for the remainder of such shift. The Covered Employee will be precluded from returning to work while LPFD waits to receive test results. To the extent the Covered Employee misses a pre-scheduled shift during this period, they will receive paid leave. If, after receiving test results, LPFD desires to place the Covered Employee on unpaid leave for any period, the Department must provide a Skelly hearing in advance of any such decision.

7. LPFD shall provide a program of training to assist Trained Employees in identifying Covered Employees who are under the influence of drugs or alcohol.

Such training will be aimed to help recognize the conduct and behavior giving rise to reasonable suspicion of substance abuse. Trained Employees must attend annually one hour of training, provided or approved by Human Resources Director for the City of Pleasanton, on alcohol misuse and substance abuse.

8. An initial finding of reasonable suspicion and direction to submit to testing must be documented in writing by the Trained Employee who identifies that a Covered ATTACHMENT 1
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G.O.#: EFFEC. DATE: PREV. DATE: Page 7 of 12 Pages
44 Employee is under the influence of drugs or alcohol on the Observation of Impairment Report.

The Observation of Impairment Report shall detail in writing the specific facts, symptoms, and observations which form the basis for the Trained Employee’s determination that reasonable suspicion exists. The Trained Employee must complete and submit their portion of the Observation of Impairment Report to a command staff member, or the Human Resources Director who will confirm that the form documents reasonable suspicion and sign the form. The Observation of Impairment Report must be completed in advance of testing. The Human Resources Director shall maintain the completed forms for the City’s recordkeeping purposes.

C. Post-Accident Testing

1. Post-accident/drug and alcohol testing will be conducted for Covered Employees who were operating a LPFD vehicle directly involved in an accident that results in serious bodily injury to any person or causes substantial damage to property.

Post-accident drug and alcohol testing will also be conducted for Covered Employees who were operating LPFD heavy/dangerous equipment that directly caused serious bodily injury to any person. For purposes of this provision, “operating LPFD heavy/dangerous equipment” is limited to the use of hydraulic spreaders/pullers/rams/cutters, chainsaws, and circular saws.

2. Post-accident alcohol and drug tests shall be administered within two hours following an accident to the extent practicable. If the test is not performed within two hours, then LPFD must provide written documentation to the City of Pleasanton Human Resources Director as to why the test was not promptly conducted. A post-accident drug test shall be conducted within 72 hours following the accident. If the post-accident drug test is not conducted within 72 hours following the accident, then LPFD must provide written documentation to the Human Resources Director as to why such testing did not occur. Any drug testing administered after two hours but up to 72 hours is done to accommodate operating hours of the testing facility.

D. Return-to-Duty And Follow-Up Testing

1. A Covered Employee must submit to a return-to-duty test before they resume performance of their job duties where they have either: a) tested positive following testing ordered under this Policy; b) have refused to comply with an order to submit to testing authorized by this Policy; or c) admitted to alcohol or drug use in violation of this Policy.

ATTACHMENT 1
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G.O.#: EFFEC. DATE: PREV. DATE: Page 8 of 12 Pages
45 2. If a Covered Employee tested positive for alcohol or any of the drugs covered under this Policy, then they must test negative for the substance at issue before they can resume performance of their job duties.

3. In addition, the Covered Employee will be subject to follow-up testing. The Covered Employee will be subject to monthly unannounced drug or alcohol tests during the Covered Employee’s first year after returning to their position following the violation. Follow-up testing shall be conducted in addition to any other testing to which the Covered Employee is subject under this Policy.

E. Testing Process and Standards

1. All testing services pursuant to this Policy shall be conducted through independent third-party Collection Facilities, HHS-certified laboratories, and Medical Review Officers, all of whom are not employed by the City of Pleasanton or the City of Livermore. Such services shall include, breath or saliva alcohol testing, urine specimen collection, laboratory testing, and medical review.

2. Drug Testing
Once a determination is made to require a Covered Employee to be drug tested, the information supporting the determination will be made accessible to the Human Resources Director for the City of Pleasanton (Human Resources Director).

3. Alcohol Testing
Positive alcohol test results will be reported to the Human Resources Director, and the LPFD Fire Chief.

Substances considered to be a violation under this Policy shall be limited to:
• Alcohol;
• Marijuana/Cannabinoids (Marijuana)(only in conjunction with objective signs that an employee may be impaired by
Marijuana/Cannabinoids on the job.)
• Illegal Drugs; and
• Prescription drugs and other substances which may impair an employee’s ability to safely and effectively perform the functions of the job.

ATTACHMENT 1
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G.O.#: EFFEC. DATE: PREV. DATE: Page 9 of 12 Pages
46 4. Sample Collection/Breath Alcohol Testing
Testing must be conducted in accordance with the agreement between the LPFD and the third-party administrator. However, this does not prohibit LPFD from using BAC test results lawfully obtained from a local law enforcement agency that conducted its own investigation of a Covered Employee involved in the vehicle accident at issue.

5. Test Results
• The results of the laboratory analysis will be forwarded to a third-party Medical Review Officer. If the results are negative (no drugs or alcohol detected), then the Medical Review Officer will notify the Human Resources Director and the Covered Employee shall be returned to work promptly. If the laboratory confirms a positive result (drugs or alcohol detected), then the Medical Review Officer will first contact the Covered Employee at the telephone number provided to give the Covered Employee the opportunity to discuss the test results and to submit information demonstrating authorized use of the drugs in question. The Medical Review Officer will make a final determination and notify the Human Resources Director. The Covered Employee may request a split sample be tested by the same facility and at the City’s expense. If the Covered Employee desires an alternative laboratory to test a split sample, the alternative laboratory must be approved by the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Covered Employee must pay for such testing at their own expense. • LPFD and the City of Pleasanton’s Human Resources Department will maintain the confidentiality of drug and alcohol test results as required by federal and state law. Only persons needing to know test results will have access to them. Test results may be used in conjunction with an appeal process and/or litigation, and as such, test result records will be made available as necessary. Results may be sent to federal and/or state agencies as required by law.

6. Consent and Refusal
• Before a drug test is administered, Covered Employees will be required to sign a consent form authorizing the test and permitting release of test ATTACHMENT 1
401
G.O.#: EFFEC. DATE: PREV. DATE: Page 10 of 12 Pages
47 results to the LPFD Fire Chief or their designee and City of Pleasanton representatives with a need-to-know. Failure to sign such form will be cause to terminate the application process and deny employment for applicants and will constitute insubordination for Covered Employees. • A job applicant who refuses to consent to testing will be denied employment with LPFD.
• An existing Covered Employee’s refusal to test as required by this Policy constitutes insubordination and may result in administrative action, up to and including termination, subject to full due process and consistent with all representation rights.
• Any of the following constitutes a refusal to test:
o Failure to proceed immediately to the designated testing site after being directed to do so.
o Failure to permit transportation by LPFD personnel to the designated testing site or unreasonably delaying transport or arrival at the designated testing site after being directed to go to the designated testing location;
o Failure to remain at the designated testing location until testing is completed;
o Failure to provide a specimen or sample or a sufficient amount of the specimen or sample as directed by a specimen
collector/technician without medical explanation as determined by medical evaluation;
o Failure to sign the appropriate forms when asked to do so by the specimen collector/technician;
o Declining to take a second test as directed;
o Failure to cooperate with testing process (e.g., refuse to empty pockets when so directed by the collector; behave in a
confrontational way that disrupts the collection process) or engaging in any conduct that obstructs or does not allow for the successful completion of the testing process;
ATTACHMENT 1
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G.O.#: EFFEC. DATE: PREV. DATE: Page 11 of 12 Pages
48 o Medical Review Officer report that Covered Employee has verified adulterated or substituted test result;
o Admission by Covered Employee that he or she adulterated or substituted their specimen;
o Observed possession or wearing of a prosthetic or other device that could be used to interfere with the collection process at time of collection; or
o Refusal to wash hands in advance of providing a specimen, after being directed to do so.

Where there is a reasonable suspicion that the Covered Employee is presently under the influence of alcohol or drugs, LPFD shall allow the Covered Employee time to arrange to be safely transported home. The Covered Employee shall not be permitted to transport themself.

ATTACHMENT 1
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G.O.#: EFFEC. DATE: PREV. DATE: Page 12 of 12 Pages
49 ACKNOWLEDGEMENT
I acknowledge that I have received and read a copy of LPFD’s Substance Testing Policy. I understand the Policy, and agree to abide by it. I understand the Policy may be updated in the future.

Employee Signature Date
Employee Name (printed)
This form shall be retained by Human Resources.

Please complete and return this form immediately.

ATTACHMENT 1
404
50 OBSERVATION OF IMPAIRMENT REPORT

REASONABLE SUSPICION RECORD
Employee Name: _ Employee ID No. ___________
Observation Date: ____________ Time: (from a.m./p.m. to ______a.m./p.m.) Location: _____________________________________________________________________ Street City State Zip
This form is used to help determine if there is reasonable suspicion to believe a Covered Employee is impaired by alcohol or drugs while on the job and to document pertinent findings. Reasonable suspicion must be based on specific contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the person suspected of being impaired by alcohol or drugs in violation of the LPFD policy.

OBSERVATIONS:

Detail the specific facts, symptoms and observations that form the basis for your determination that the Covered Employee is impaired by alcohol or drugs while on the job. ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ __________________________________________________________________ TRAINED EMPLOYEE COMPLETING THE ASSESSMENT:
_____________________________________________________________________________ Signature Print Name Rank Date Time
CONFIRMING WITNESS:
_____ Concur is the above findings.
______________________________________________________________________________ Signature Print Name Rank Date Time
APPROVED BY:
_____________________________________________________________________________ ATTACHMENT 1
405
51 Appendix D – Performance Evaluation
LPFD Battalion Chiefs Performance
Evaluation
PART I: PERFORMANCE STANDARDS
PREVIOUS YEAR: (Identify Evaluation Period)
EMPLOYEE NAME: DEPARTMENT:

EVALUATOR NAME: EVALUATOR DEPARTMENT:

Management Employee Standards Exceeds
Expectations
Meets
Expectations
Fails to Meet
Expectations
Customer Service and Community Relations
Interpersonal Effectiveness and Teamwork
Communication Skills
Organizing and Planning
Financial Resource Management
Flexibility, Adaptability and Initiative
Decision Making and Problem Solving
Professional Knowledge, Skills and Abilities
Leadership Skills
Human Resource Management
Integrity and Ethics
Overall Rating
ATTACHMENT 1
406
52 LPFD Battalion Chiefs Performance
Evaluation
PART I: PERFORMANCE STANDARDS (Cont.)
PREVIOUS YEAR: (Identify Evaluation Period)
Evaluator comments are required for any ratings of
“ Fails to Meet Expectations”
Evaluator Comments:

Employee Comments (if any):

ATTACHMENT 1
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53 LPFD Battalion Chiefs Performance Evaluation
PART II: DEPARTMENT & INDIVIDUAL GOAL

ACHIEVEMENT
PREVIOUS YEAR: (Identify Evaluation Period)
DEPARTMENT:

EMPLOYEE NAME AND TITLE:

EVALUATOR NAME AND TITLE:

List each of the applicable FY (Identify Year) department goals, then each personal goal.

Have the employee summarize their work on each goal, then write your comments.

Goal
Employee Comment
Evaluator Comment
Goal
Employee Comment
Evaluator Comment
ATTACHMENT 1
408
54 LPFD Battalion Chiefs Performance
Evaluation
PART II: DEPARTMENT & INDIVIDUAL GOAL
ACHIEVEMENT (Cont.)
PREVIOUS YEAR: (Identify Evaluation Period)
Goal
Employee Comment
Evaluator Comment
Goal
Employee Comment
Evaluator Comment
Goal
Employee Comment
Evaluator Comment
ATTACHMENT 1
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55 Add additional pages as needed
ATTACHMENT 1
410
56 LPFD Battalion Chiefs Performance
Evaluation
PART III: NEXT YEAR’S DEPARTMENTAL & PERSONAL GOALS
UPCOMING YEAR: (Identify Evaluation Period)2005 – 2006
DEPARTMENT:

EMPLOYEE NAME AND TITLE:

APPROVED BY (NAME AND TITLE):

List each of the (Identify Year) FY05-06 applicable department goals and then each personal goal.

ATTACHMENT 1
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57 Continue on next page or pages as needed
LPFD Battalion Chiefs Performance
Evaluation

SUMMARY COMMENTS
PREVIOUS YEAR: (Identify Evaluation Period)
Evaluator Comments (if any):

Employee Comments (if any):

ATTACHMENT 1
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58 LPFD Battalion Chiefs Performance
Evaluation

SIGNATURES
_____________________________________________________________________________________________ Completed by: (Evaluator) Date
_____________________________________________________________________________________________ Approved by: Date
Discussed w/ employee on
_____________________________________________________________________________________________ Date
_____________________________________________________________________________________________ Employee’s signature Date
ATTACHMENT 1
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59 APPENDIX A

CURRENT YEAR DEPARTMENTAL GOALS
CURRENT YEAR: (Identify Year)
DEPARTMENT HEAD: DEPARTMENT:

List all of the FY (Identify Year) goals of the Department including those from Council Priorities
Continue on next page or pages as needed
ATTACHMENT 1
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60 APPENDIX B

NEW DEPARTMENTAL GOALS
UPCOMING YEAR: (Identify Year)
DEPARTMENT HEAD: DEPARTMENT:

List all of the FY (Identify Year) goals of the Department including those from Council Priorities
Continue on next page or pages
ATTACHMENT 1
415
61 Appendix E – Battalion Chief Staffing Policy

MOU NEGOTIATIONS BETWEEN

INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL
1974

BATTALION CHIEFS AND
THE LIVERMORE~PLEASANTON FIRE DEPARTMENT JOINT POWERS

AUTHORITY (LPFDJPA)

BATTALION CHIEF STAFFING POLICY
I. BC Staffing Policy:

To establish procedural guidelines for staffing Battalion Chiefs positions. Staffing decisions for situations not specifically addressed in this policy will be made considering all factors and what is best for the organization and impacts on personnel.

II. Responsibility:

A. It will be the responsibility of Battalion Chiefs to follow this procedure.

B. Battalion Chiefs are responsible for managing their staffing calendar.

C. Battalion Chiefs will check their staffing calendar at least once per day when on duty.

D. Battalion Chiefs shall ensure all contact information is accurate.

III. Definitions :

A. Shift Fill - Assignments made voluntarily to maintain adequate staffing levels.

Availability is indicated in the staffing time & attendance software as a sign-up.

B. Mandatory Shift Fill - Assignments made involuntarily to maintain adequate staffing levels. Individuals have not made themselves available in the staffing time & attendance software.

C. Emergency Recall - Assignments made voluntarily or involuntarily due to an Emergency Incident within the fire department's areas of influence, requiring additional staffing.

D. Selection Factor - Accrued hours worked used to award Shift Fill. This selection factor will reset November 25th 24th of each calendar year.

E. Pick List- Descending list, based on selection factor, indicating an individual's availability to be assigned shift-fill, from lowest factor to highest factor.

F. Mandate List - Rotational list that resets November 25th 24th of each year, based on rank seniority, with the least senior member at the top of the list and the most senior member at the bottom of the list.

G. Operational Period- Work period for regularly scheduled calendar day, i.e., 24 hours, 10 hours
H. Shift Battalion Chief - Battalion Chief assigned to the 56-hour work week.

I. 40-Hour Battalion Chief - Battalion Chief assigned to the 40-hour work week.

J. Captain of Rank (COR)- A individual who has opted into the Captain of Rank program ATTACHMENT 1
416
62 and previously held the rank of Fire Captain within the LPFD ATTACHMENT 1
417
63 K. Acting Battalion Chief (ABC)- An individual currently on the active Battalion Chiefs promotional list.

NOTE: Refer to Section IV.N - Out of Class Trial Section for COR and ABC Information
L. Holdover- Battalion Chief holdovers less than (3) hours will not receive Stipend Pay. If the holdover is beyond 3 hours the Battalion Chief will be compensated for all time in excess of three (3) hours at their current Stipend Pay rate in 15-minute increments. Any holdover of more than (3) hours will result in mandate credit.

Stipend Pay Worked

1 through 15 minutes
16 through 30 minutes
31 through 45 minutes
46 through 60 minutes
Paid As
15 minutes
30 minutes
45 minutes
60 minutes
ATTACHMENT 1
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64 IV. Procedure:

Assigning Shift-Fill

1. To maintain adequate staffing level.

2. Staffing will be filled 6 days out for all known and/or assignments

3. Individuals shall indicate their availability in Telestaff.

4. Assignments shall be made 6 Days Out @ 0800 using the following Algorithm:

Shift Battalion Chief Availability
YES. – Availability. – NO
Award to available Shift Battalion Chief
based on selection factor and sign-up.
(120 Hour Maximum)
Fill with acting assignment availability
NOTE: Acting assignments assigned from the
promotional list will be made in Rank Order
and no more than one short term Actor per
day.
↓
40 Hour Battalion Chief availability: SignUp
NOTE: Only available on their flex day or
non-working hours as Training Chief.

Mandate a shift Battalion based on the
mandate rotational list.

NOTE: 40 Hour Battalion Chiefs are
EXEMPT from Mandates.

NOTE: Qualified Actors/Deputy Chiefs may
offer to take the Mandate.

NOTE: If no Shift Battalion Chiefs are
eligible - move to contingency staffing.

Fill with acting assignment availability:

Sign-Up
NOTE: Acting assignments assigned from the
active promotional list will be made in Rank
Order and no more than one short term Actor
per day.

Deputy Chief Availability: Sign-Up
NOTE: Only available on their flex day or
non-working hours as Deputy Chief.

No availability within Rank
(Mandate Shift Fill: 96 Hour Maximum)
↓
Fill Sequence
Battalion Chief
Training Battalion Chief
Active Battalion Chief Promotional List
Qualified Deputy Chief (Previous held the
Position of Battalion Chief with the LPFD)
CONTINGENCY STAFFING:
120 Hour Maximum
↓
ATTACHMENT 1
419
65 RULE BREAKS
• Trade Off Protection
• Trade Off Revocation
• Vacation Protection
• Vacation Revocation (Non-AVP)
• Vacation Revocation (AVP)
EXCEPTION: Holiday Staffing – See Section IV; Sub-Section R A. Staffing will be filled 6 days out for all known vacancies and/or assignments.

B. Individuals shall indicate their availability in the staffing time & attendance software (Sign­ Up)
C. Assignments will be made based on the following procedure:

1. Shift Battalion Chief Availability: Sign-Up
o Yes - Award to available Shift Battalion Chief based on selection factor (96 Hour Max)
o No - 40 Hour Battalion Chief Availability
o No – Fill with acting assignment availability – Acting assignments assigned from the active promotional list, this will be made in rank order and no more than one short term actor per day.
o No – Fill with signed up Deputy Chief

2. 40 Hour Battalion Chief Availability: Sign-Up
• Yes - Fill with 40 Hour Battalion Chief based on Selection Factor • No – Fill with acting assignment availability – Acting assignments assigned from the active promotional list will be made in rank order and no more than one short term Actor per day
• No - Fill with Deputy Chief

3. Deputy Chief Availability: Sign-Up
• Yes - Fill with Deputy Chief based on selection factor. • No - Move to Mandatory Shift Fill

4. Mandatory Shift Fill: 96 Hour Maximum
• Mandate a Shift Battalion Chief based on the Mandate Rotational List o NOTE: 40 Hour Battalion Chiefs are EXEMPT from Mandates ATTACHMENT 1
420
66 • If no Shift Battalion Chiefs are eligible - move to CONTIGENCY STAFFING

5. Contingency Staffing: 120 Hour Maximum
• Assignments will be made voluntarily (sign-up) or involuntarily (mandatory).

6. No Battalion Chief Eligibility: Rule Breaks

7. Rule Breaks: Shall occur in the following order of sequence:
o Trade Off Protection
o Trade Off Revocation
o Vacation Protection
o Vacation Revocation (Non-Annual Vacation Pick)
o Vacation Revocation (Annual Vacation Picks)
D. All vacancies will be filled using the procedures outlined above.

Exception: See Holiday Staffing
E. Battalion Chiefs may not act out of class anytime there is a mandatory assignment within their rank. Battalion Chiefs who were previously assigned to fill a Captain vacancy will be reassigned to the vacancy in their perspective rank, and the captain vacancy will be filled as outlined in their staffing policy.

F. Battalion Chiefs may not exceed 96 hours of continuous work, unless in Contingency Staffing, and must have a minimum of 12 hours off after any 120- hour continuous work period, except in emergency situations as determined by the fire chief and/or their designee.

G. Personnel not available when assignment(s) are made are NOT entitled to the shift(s). This would include, but is not limited to, assignments on a Strike Team, previous alternate assignments, or injury with work restrictions.

H. Battalion Chief who has a signed release from a physician on record with the Deputy Chief is eligible for shift-fill, voluntarily or involuntarily effective from their release date.

I. A Battalion Chief returning from a Strike Team exceeding 48 hours shall have a minimum of 24 hours off and shall not work the next calendar day.

J. Individuals may be awarded voluntary shift fill for any portion of a 24-hour shift unless they have indicated their availability otherwise in staffing.

ATTACHMENT 1
421
67 NOTE: This does not prevent mandatory assignment for additional hours K. Additional vacancies occurring under 6 days, will be filled using the procedure outlined above with the following exceptions:

1. Individuals assigned fewer hoursthan the vacancy(s) needing filled, who indicated their availability, will be assigned the shift(s) with the greater number of hours.

ATTACHMENT 1
422
G.O.#: EFFEC. DATE: PREV. DATE: Page 12 of 12 Pages
68 2. Mandatory Assignments will continue to be assigned on a rotational basis, using the mandate list. Upgrades will not occur unless it is necessary to prevent rule breaks.

3. Vacancies occurring 37 hours or less to the operational period will be filled using the same algorithm outlined above; however, the first person contacted shall be awarded the shift(s).

L. Promotions/ Long-Term Acting (ABC):

A newly promoted Battalion Chief will be assigned a selection factor commensurate with the highest factor in their perspective rank or classification, plus (I) one hour. A Captain assigned to a long-term acting assignment shall have their factor assigned as outlined above. Their factor in their respective rank will be locked. Upon returning to their rank all hours worked in the acting assignment will be added to their respective rank factor.

M. Finding Relief- Personnel may find relief for all, or part of their assigned shift(s), provided they follow the following procedure:

1. Contact personnel who have indicated their
availability, who have been assigned fewer hours
than the shift being offered; acceptance is voluntary.

2. Contact personnel who have indicated their
availability, who have not yet been assigned shift fill - acceptance is voluntary.

3. Contact any remaining personnel within the rank - acceptance is voluntary.

3.4. Contact any Battalion Chief candidates on an active promotional list in rank order of the list.

4.5. Contact Deputy Chiefs - acceptance is voluntary.

N. Mandatory Shift Fill Relief:

1. Contact personnel within the rank - acceptance is voluntary.

2. Personnel are free to swap mandatory assignments.

2.3. Contact any Battalion Chief candidates on an active promotional list in rank order of the list.

3.4. Contact Deputy Chiefs - acceptance is voluntary.

4.5. Only one (1) individual, working a minimum of two
(2) hours, will receive credit for the mandatory shift.

ATTACHMENT 1
423
69 5.6. Individuals who find their own relief are EXEMPT from the mandatory assignment during the operational period in which they found relief. This applies only to the original agreement.

0. Sick Leave - BC's must notify the Staffing Captain or the on-duty Staffing BC between 1900-2000 or the morning of, or between 0630-0700 hours, of their need to use sick leave. Battalion Chiefs using sick leave will be placed off for both operational periods (48 hours). If the BC is well enough to return to work for the second operational period, they must contact the Staffing Captain or the on-duty Staffing BC between 1900-2000 hours the night before the second shift. In the event the Staffing Captain is unavailable, contact the designated Staffing Battalion Chief.

EXCEPTION: The use of family sick leave or sick leave for medical appointments can be used for actual time needed. The use of sick leave for medical appointments requires approval from the Fire Chief or their designee.

P. Trades-Refer to MOU Section 6.1
Employees may request Trades for any duration, with any employee in the same rank and working the same schedule-c Under normal staffing operations, personnel off on approved trade(s) for not less than 12 hours, will receive mandate protection from 0800 on the off-going shift, until 0800 hours on the day the employee is returning for their regularly assigned shift.

EXCEPTION: See Holiday Staffing
Q. Vacation- Refer to the MOU Section 9.0
Under normal staffing operations, personnel off on approved vacation for not less than twelve (12) hours, will receive mandate protection from 0800 on the off-going shift, until 0800 hours on the day the employee is returning for their regularly assigned shift.

EXCEPTION: See Holiday Staffing
Employees may request vacation outside the twelve (12) or twentyfour (24) use requirements, provided they provide the name of their ATTACHMENT 1
424
70 relief. This is a one-one agreement, and not subject to upgrades as outlined in Section H.

R. Holiday StaffingHolidays will be filled as
follows: July 4- June 4
Thanksgiving - October 25
Christmas Eve & Christmas Day - November 25 (Christmas Day filled 1st) Battalion Chiefs are required to use three (3) consecutive 24-hours of approved vacation to receive mandate protection between December 15 - January 5. Vacation must be canceled prior to the vacancy being filled during this same period.

Approved trades of any duration during this same period DO NOT provide mandate protection.

S. Emergency Relief:

1. Personnel who determine a personal emergency will
preclude them from remaining on­ duty, will advise the
Deputy Chief(s)

2. Notification will include the nature of the emergency, anticipated time off needed, and whether they will be able to return to work.

3. Personnel may elect the use of family sick leave or secure a trade or vacation with identified relief.

4. Personnel shall remain on-duty until their replacement arrives, unless the nature of the emergency require
immediate release (Deputy Chief approval)
T. Out of Class Work Trial Period- MOU Section 5.9
Both parties have agreed to a one (1) year trail period that allows a Battalion Chief to fill vacancies in the Captains Rank; AND Deputy Chiefs to fill vacancies in the Battalion Chief Rank, ONLY to minimize and/or prevent mandatory shift fill. As a result, several procedural changes relative to this Staffing Policy were implemented. At the conclusion of the one (1) year trial period, Out of Class Work will end, unless mutually agreed to by the fire chief and local 1974 to extend the trail period.

If the trial period is extended, the department and local agree to work on developing position task books for Fire Captains, Battalion Chiefs, and Deputy Chiefs. The goal of these task books is to provide qualification ATTACHMENT 1
425
71 tracks for short-term acting of Captains to Battalion Chiefs, Battalion Chiefs to Captain, and Deputy Chiefs to Battalion Chiefs. The completion of these task books would prepare and qualify personnel for an out of class work assignment. Battalion Chiefs and Deputy Chiefs who are promoted internally would not be required to complete Position Task Books for out of class assignments. Captains would need to have successfully completed the Battalion Chiefs Promotional Exam and be placed on the active eligibility list for Battalion Chief.

If the trial period is terminated, Deputy Chiefs will no longer be eligible to work out of class in the Battalion Chief Rank; AND Battalion Chiefs will no longer be eligible to work out of class in the Captains Rank, EXCEPT to prevent station closures, resulting from the lack of available Fire Captains.

ATTACHMENT 1
426
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE LIVERMORE-PLEASANTON FIRE

DEPARTMENT JOINT POWERS AUTHORITY AND THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1974
BATTALION CHIEF’S UNIT, AFL-CIO-CLC
The Memorandum of Understanding (MOU) between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters, Local 1974 Battalion Chief’s Unit, AFL-CIO-CLC (IAFF BC) expired on June 30, 2025.

Representatives from the cities of Livermore and Pleasanton and IAFF BC met and negotiated a successor Master Memorandum of Understanding.

Concurrent with the adoption of this resolution, the City Council adopted a separate resolution approving a memorandum of understanding for the firefighters, which also approved an appropriation for both memorandums 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 between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters, Local 1974 Battalion Chief’s Unit, AFL-CIO-CLC for the period of July 1, 2025, through June 30, 2028, as reflected in the attached Exhibit A.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 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 – International Association of Firefighters, Local 1974 Battalion Chief’s Unit, AFL-CIO-CLC 427

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CITY COUNCIL STAFF REPORT ITEM NO. 5.14
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Tina Olson, Administrative Services Director
SUBJECT: Resolution approving the Memorandum of Understanding (MOU) between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters, Local 1974 and appropriating funds for FY 2025-26 and 2026-27 to cover the increased salary and benefit expenses for both the International Association of Firefighters, Local 1974 (IAFF) and International Association of Firefighters, Local 1974 Battalion Chief's Unit (IAFF BC) MOUs.

RECOMMENDED ACTION
Staff recommends that the City Council adopt a resolution authorizing the execution of the Memorandum of Understanding (MOU) between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters, Local 1974 for the period of July 1, 2025, through June 30, 2029, and appropriating funds for FY 2025-26 and 2026-27 to cover the increased salary and benefit expenses for both the International Association of Firefighters, Local 1974 (IAFF) and International Association of Firefighters, Local 1974 Battalion Chief's Unit (IAFF BC) MOUs.

SUMMARY
The Memorandum of Understanding (MOU) between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters, Local 1974 (IAFF) expired on June 30, 2025.

On May 1, 2025, representatives from the cities of Livermore, Pleasanton, and IAFF began the meet and confer process regarding terms and conditions of employment to endeavor to reach agreement for a successor MOU. The parties met five (5) times on the terms to be contained in the successor MOU.

As a result of the meetings between the parties, a tentative agreement between the parties was reached, subject to Council approval, on the terms and conditions of employment set forth in Attachment 1 - IAFF Redlined Memorandum of Understating.

DISCUSSION
495
The following is a summary of the proposed substantive changes to the previous MOU that expired on June 30, 2025.

Term: July 1, 2025 - June 30, 2029 (4 years)
General Wage Increases:

Effective July 5, 2025 - 3%
Effective July 4, 2026 - 3%
Effective July 3, 2027 - 3%
Effective July 1, 2028 - 3.75%
Longevity Pay
Effective July 5, 2025, employees shall be eligible for 1% longevity pay beginning the first full pay period following the completion of eight (8) years of service with the Livermore-Pleasanton Fire Department (LPFD).

Effective July 3, 2027, employees shall be eligible for 2% longevity pay beginning the first full pay period following the completion of eight (8) years of service with the LPFD and 2.5% longevity pay beginning the first full pay period following the completion of twelve (12) years of service with the LPFD.

Effective July 1, 2028, employees shall be eligible for 2% longevity pay beginning the first full pay period following the completion of eight (8) years of service with the LPFD and 4% longevity pay beginning the first full pay period following the completion of twelve (12) years of service with the LPFD.

The pay is not cumulative. Employees receive the level of compensation that corresponds to their total length of service with the LPFD.

Education Incentive
Effective July 4, 2026, increase educational incentive pay as follows:

Sixty (60) or more accredited college semester units - at least twenty-four (24) units in fire science - from $50/month to 2.5% of base pay
AA/AS Degree in Fire Science - from $100/month to 2.5% of base pay BA/BS Degree - from $150/month to 2.5% of base pay
Masters/PhD - from $175/month to 2.5% of base pay
Effective July 1, 2028, increase educational incentive pay as follows:

BA/BS - from 2.5% of base pay to 5% of base pay
Masters/PhD - from 2.5% of base pay to 5% of base pay
The pay is not cumulative. Employees receive the level of compensation that corresponds to their highest level of educational achievement.

Paramedic of Rank
Effective July 1, 2028, increase Paramedic of Rank from 3.55% of base pay for Engineers, and

3.2% of base pay for Captains to 4.5% of base pay for both Engineers and Captains.

Temporary Assignment
Fire suppression employees may serve in special assignments on a voluntary basis at the Fire Chief's discretion. Suppression personnel assigned to a 40-hour temporary assignment position of 496
any rank shall be compensated 12.5% above their base pay.

FISCAL AND ADMINISTRTAIVE IMPACTS
The financial impact to the LPFD budget as a result of implementing both IAFF MOUs is approximately $8.6 million through June 2029. The cost is shared between the cities of Livermore and Pleasanton.

Livermore's share is approximately $4.3 million over the four-year term. The increased costs associated with the MOU for FYs 2025-26 and 2026-27 are shown in the table below. LPFD's FY 2025-26 and 2026-27 budget did not include revenues associated with withdrawals from LPFD's Other Post Employment Benefits (OPEB) fund to help cover retiree medical expenses as recommended by LPFD's actuary. Thus, staff proposes to appropriate those OPEB revenues along with the City's increased General Fund contribution to LPFD of $223,189 in FY 2025-26 and $568,752 in FY 2026-27 to fund the City's portion of LPFD's increased salary and benefit costs associated with the proposed MOU.

Unit FY 25-26 FY 26-27
IAFF -
BCs
$20,605 $76,408
IAFF 732,773 1,590,096
Total $753,378 $1,666,504
OPEB
Withdrawal
$307,000 $529,000
Net - Cities
Contributions
$446,378 $1,134,504
Per City $223,189 $568,752
All subsequent fiscal impacts for the City’s share of the cost for the salaries and benefits in the MOU will be incorporated in the future operating 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. IAFF Memorandum of Understanding - Redlined

2. Resolution

3. Exhibit A - IAFF MOU 2025 - 2029
Prepared by: Kristen Hilton
Human Resource Manager
497
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
498
Livermore-Pleasanton Fire Department Joint Powers
Authority
and
The International Association of Fire Fighters, Local
197 4, AFL-CIO-CLC

MEMORANDUM
OF

UNDERSTANDING
JANU}�RY JULY 1, 2022 2025 - JUNE 30, 20252029
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1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE LIVERMORE-PLEASANTON FIRE

DEPARTMENT JOINT POWERS AUTHORITY AND THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1974,
AFL-CIO-CLC AND APPROPRIATING FUNDS FOR FY 2025-26 AND
2026-27 TO COVER THE INCREASED SALARY AND BENEFIT
EXPENSES.

The Memorandum of Understanding (MOU) between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters, Local 1974, AFL-CIO-CLC (IAFF) expired on June 30, 2025. Representatives from the cities of Livermore and Pleasanton and IAFF met and negotiated a successor Master Memorandum of Understanding.

In addition, representatives from the cities of Livermore and Pleasanton also met and negotiated a separate Memorandum of Understanding between the LivermorePleasanton Fire Department Joint Powers Authority and the International Association of Firefighters, Local 1974 Battalion Chief’s Unit, AFL-CIO-CLC (IAFF BC) for the period of July 1, 2025 through June 30, 2029.

An appropriation of funds is necessary for both the IAFF and IAFF BC memorandums of understanding.

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

1. The amendments to the Master Memorandum of Understanding between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters, Local 1974, AFL-CIO-CLC for the period of July 1, 2025, through June 30, 2029, as reflected in the attached Exhibit A, is approved.

2. Funds in the amount of $223,189 are appropriated in FY 2025-26 and $568,752 in FY 2026-27 as shown in the table below to fund the City’s share of LPFD’s increased salary and benefit costs associated with both the IAFF and IAFF BC’s Memorandums of Understanding. The appropriations include 50% of the revenues from withdrawals from Livermore Pleasanton Fire Department’s (LPFD) Other Post Employment Benefits (OPEB) fund which were not included in LPFD's FY 2025-26 and 2026-27 budget.
589
2 RESOLUTION NO. ________
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 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 – International Association of Firefighters, Local 1974, AFL-CIO-CLC
Unit FY 25-26 FY 26-27
IAFF - BCs $20,605 $76,408
IAFF 732,773 1,590,096
Total $753,378 $1,666,504
OPEB
Withdrawal $307,000 $529,000
Net - Cities
Contributions $446,378 $1,134,504
Per City $223,189 $568,752
590

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672
CITY COUNCIL STAFF REPORT ITEM NO. 5.15
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Tina Olson, Administrative Services Director
SUBJECT: Resolution approving the amended City of Livermore Salary Plan dated July 28, 2025, adding the Retired Annuitant Salary Schedule, in accordance with California Code of Regulations, Title 2, Section 570.5.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution approving the amended City of Livermore Salary Plan as of July 28, 2025, adding the Retired Annuitant Salary Schedule, in accordance with the California Code of Regulations, Title 2, Section 570.5.

SUMMARY
Staff recommends the following changes to the Salary Plan:

Add Retired Annuitant Salary Schedule and the following classifications:

Retired Annuitant – Assistant City Engineer (Class Code 8500) $82.19 - $102.73/hour Retired Annuitant – Senior Civil Engineer (Class Code 8505) $74.05 - $92.55/hour Retired Annuitant – Associate Civil Engineer (Class Code 8510) $60.54 - $73.25/hour Retired Annuitant – Planning Manager (Class Code 8515) $82.19 - $102.73/hour Retired Annuitant – Senior Planner (Class Code 8525) $59.36 - $71.81/hour Retired Annuitant – Associate Planner (Class Code 8520) $56.60 - $68.47/hour Retired Annuitant – Police Officer (Class Code 8530) $61.01 - $74.15/hour Retired Annuitant – Public Safety Dispatcher (Class Code 8535) $42.54 - $51.71/hour Retired Annuitant – Senior Management Analyst (Class Code 8540) $63.75 - $79.68/hour Retired Annuitant – Senior Human Resources Analyst (Class Code 8545) $63.75 - $79.68/hour Retired Annuitant – Public Works Supervisor (Class Code 8550) $61.37 - $76.71/hour Retired Annuitant – Management Analyst II (Class Code 8555) $59.58 - $74.47/hour Retired Annuitant – Administrative Clerk I (Class Code 8560) $30.09 - $36.24/hour Retired Annuitant – Library Clerk (Class Code 8565) $30.09 - $36.24/hour

DISCUSSION
673
The inclusion of "Retired Annuitant" classifications in the salary plan is necessary to comply with Government Code sections 7522.56 and 21224, which authorize CalPERS covered employers to hire retirees on a temporary basis to work on projects or backfill vacancies under specific conditions.

Compensation for retired annuitants must fall within the established salary range for comparable duties, as listed on the employer's publicly available pay schedule. The proposed retired annuitant classifications mirror the City's regular classifications of the same name in both duties and pay and are the most common classifications that departments use to bring back retirees. Adding these classifications ensures compliance with state regulations while providing the City flexibility to utilize experienced retirees on a temporary basis to meet operational needs.

FISCAL AND ADMINISTRTAIVE IMPACTS
Retired annuitants are not entitled to any City employment benefits or property rights associated with regular employment. As a result, the cost of hire is limited to salary only. Funding for retired annuitants will be provided through existing departmental budgets allocated for temporary employees.

COMMUNITY PILLAR

5. A City That Works
GOAL
8: Attract, develop, engage, and retain a diverse and highly skilled workforce across the organization

ATTACHMENTS

1. Resolution

2. Exhibit A - Salary Plan Dated July 28, 2025
Prepared by: Kristen Hilton
Human Resource Manager
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
674
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AMENDING THE CITY OF LIVERMORE SALARY
PLAN DATED JULY 28, 2025, IN ACCORDANCE WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
The proposed City of Livermore Salary Plan, attached hereto as Exhibit A, is intended to incorporate the following changes:
 Add Retired Annuitant Salary Schedule and the following classifications:
o Retired Annuitant – Assistant City Engineer (Class Code 8500) $82.19 - $102.73/hour
o Retired Annuitant – Senior Civil Engineer (Class Code 8505) $74.05 - $92.55/hour
o Retired Annuitant – Associate Civil Engineer (Class Code 8510) $60.54 - $73.25/hour
o Retired Annuitant – Planning Manager (Class Code 8515) $82.19 - $102.73/hour
o Retired Annuitant – Senior Planner (Class Code 8525)
$59.36 - $71.81/hour
o Retired Annuitant – Associate Planner (Class Code 8520) $56.60 - $68.47/hour
o Retired Annuitant – Police Officer (Class Code 8530)
$61.01 - $74.15/hour
o Retired Annuitant – Public Safety Dispatcher (Class Code 8535) $42.54 - $51.71/hour
o Retired Annuitant – Senior Management Analyst (Class Code 8540) $63.75 - $79.68/hour
o Retired Annuitant – Senior Human Resources Analyst (Class Code 8545) $63.75 - $79.68/hour
o Retired Annuitant – Public Works Supervisor (Class Code 8550) $61.37 - $76.71/hour
o Retired Annuitant – Management Analyst II (Class Code 8555) $59.58 - $74.47/hour
o Retired Annuitant – Administrative Clerk I (Class Code 8560) $30.09 - $36.24/hour
o Retired Annuitant – Library Clerk (Class Code 8565)
$30.09 - $36.24/hour
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that,in accordance with California Code of Regulations, Title 2, Section 570.5, it hereby approves the amended Salary Plan dated July 28, 2025, attached hereto as Exhibit A.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 28, 2025, by the following vote:
675
2 RESOLUTION NO. ________
AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/Jason Alcala ____
Deborah L. Elam Jason R. Alcala
City Clerk City Attorney
Exhibit A – Salary Plan dated July 28, 2025
676
Salary
Plan
July 28, 2025

EXHBIT A
677
CLASS

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

33.1505 34.7369 36.3977 38.1415 39.9726
4000 ACCOUNT CLERK, JUNIOR 62,584.39 65,555.44 68,675.03 71,950.60 75,389.94 5,215.37 5,462.95 5,722.92 5,995.88 6,282.50
1,203.55 1,260.68 1,320.67 1,383.67 1,449.81

30.0887 31.5170 33.0168 34.5916 36.2452
4002 ACCOUNT CLERK, SENIOR 74,928.22 78,516.44 82,284.08 86,240.11 90,393.94 6,244.02 6,543.04 6,857.01 7,186.68 7,532.83
1,440.93 1,509.93 1,582.39 1,658.46 1,738.35

36.0232 37.7483 39.5597 41.4616 43.4586
4020 ACCOUNTANT, JUNIOR 89,325.06 93,672.37 98,237.06 103,029.98 108,062.56 7,443.76 7,806.03 8,186.42 8,585.83 9,005.21
1,717.79 1,801.39 1,889.17 1,981.35 2,078.13

42.9447 45.0348 47.2294 49.5336 51.9532
4010 ACCOUNTING TECHNICIAN 79,511.76 83,329.18 87,337.46 91,546.15 95,965.29 6,625.98 6,944.10 7,278.12 7,628.85 7,997.11
1,529.07 1,602.48 1,679.57 1,760.50 1,845.49

38.2268 40.0621 41.9892 44.0126 46.1372
4030 ADMINISTRATIVE 83,255.69 87,260.30 91,465.13 95,880.22 100,516.05 ASSISTANT 6,937.97 7,271.69 7,622.09 7,990.02 8,376.34
1,601.07 1,678.08 1,758.94 1,843.85 1,933.00

40.0268 41.9521 43.9736 46.0963 48.3250
4052 ADMINISTRATIVE CLERK I 62,584.43 65,555.48 68,675.08 71,950.64 75,389.99 5,215.37 5,462.96 5,722.92 5,995.89 6,282.50
1,203.55 1,260.68 1,320.67 1,383.67 1,449.81

30.0887 31.5171 33.0169 34.5917 36.2452
4051 ADMINISTRATIVE CLERK II 67,020.56 70,213.40 73,565.88 77,086.02 80,782.13 5,585.05 5,851.12 6,130.49 6,423.84 6,731.84
1,288.86 1,350.26 1,414.73 1,482.42 1,553.50

32.2214 33.7564 35.3682 37.0606 38.8376
4040 ADMINISTRATIVE 83,255.69 87,260.30 91,465.13 95,880.22 100,516.05 TECHNICIAN 6,937.97 7,271.69 7,622.09 7,990.02 8,376.34 1,601.07 1,678.08 1,758.94 1,843.85 1,933.00

40.0268 41.9521 43.9736 46.0963 48.3250
5000 AIRPORT SERVICE 72,950.62 76,439.99 80,103.81 83,950.82 87,990.18 ATTENDANT 6,079.22 6,370.00 6,675.32 6,995.90 7,332.52
1,402.90 1,470.00 1,540.46 1,614.44 1,692.12

35.0724 36.7500 38.5115 40.3610 42.3030
5001 AIRPORT SERVICE 78,190.12 81,941.45 85,880.34 90,016.19 94,358.83 ATTENDANT SENIOR 6,515.84 6,828.45 7,156.70 7,501.35 7,863.24 1,503.66 1,575.80 1,651.55 1,731.08 1,814.59

37.5914 39.3949 41.2886 43.2770 45.3648

CITY OF LIVERMORE

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

EXHBIT A
678
CLASS

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

CITY OF LIVERMORE

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

39.7152 41.6250 43.6302 45.7356 47.9463
5010 ASSET MANAGEMENT 110,974.89 116,365.47 122,025.56 127,968.67 134,208.91 SPECIALIST 9,247.91 9,697.12 10,168.80 10,664.06 11,184.08 2,134.13 2,237.80 2,346.65 2,460.94 2,580.94

53.3533 55.9449 58.6661 61.5234 64.5235
4130 BUILDING INSPECTOR I 97,695.17 102,421.76 107,384.66 112,595.72 118,067.32 8,141.26 8,535.15 8,948.72 9,382.98 9,838.94
1,878.75 1,969.65 2,065.09 2,165.30 2,270.53

46.9688 49.2412 51.6272 54.1326 56.7631
4131 BUILDING INSPECTOR II 104,915.81 110,003.43 115,345.42 120,954.51 126,844.05 8,742.98 9,166.95 9,612.12 10,079.54 10,570.34
2,017.61 2,115.45 2,218.18 2,326.05 2,439.31

50.4403 52.8863 55.4545 58.1512 60.9827
4132 BUILDING INSPECTOR III 107,961.41 113,201.30 118,703.18 124,480.15 130,545.98 8,996.78 9,433.44 9,891.93 10,373.35 10,878.83
2,076.18 2,176.95 2,282.75 2,393.85 2,510.50

51.9045 54.4237 57.0688 59.8462 62.7625
4133 BUILDING INSPECTOR, 113,201.30 118,703.18 124,480.15 130,545.98 136,915.11 SENIOR 9,433.44 9,891.93 10,373.35 10,878.83 11,409.59
2,176.95 2,282.75 2,393.85 2,510.50 2,632.98

54.4237 57.0688 59.8462 62.7625 65.8246
4093 CIVIL ENGINEER, 116,342.66 122,001.62 127,943.50 134,182.51 140,733.47 ASSISTANT 9,695.22 10,166.80 10,661.96 11,181.88 11,727.79 2,237.36 2,346.19 2,460.45 2,580.43 2,706.41

55.9340 58.6546 61.5113 64.5108 67.6603
4100 CIVIL ENGINEER, 125,918.37 132,056.12 138,500.76 145,267.62 152,372.83 ASSOCIATE 10,493.20 11,004.68 11,541.73 12,105.64 12,697.74 2,421.51 2,539.54 2,663.48 2,793.61 2,930.25

60.5377 63.4885 66.5869 69.8402 73.2562
4091 CIVIL ENGINEER, JUNIOR 102,439.25 107,403.03 112,615.00 118,087.58 123,833.78 8,536.60 8,950.25 9,384.58 9,840.63 10,319.48
1,969.99 2,065.44 2,165.67 2,270.92 2,381.42

49.2496 51.6361 54.1418 56.7729 59.5355
4140 COMMUNITY 73,038.02 76,531.74 80,200.17 84,051.99 88,096.43 SERVICE SPECIALIST 6,086.50 6,377.65 6,683.35 7,004.33 7,341.37 1,404.58 1,471.76 1,542.31 1,616.38 1,694.16

35.1144 36.7941 38.5578 40.4096 42.3541
4141 COMMUNITY 76,209.50 79,980.13 83,939.31 88,096.43 92,461.41 SERVICE SPECIALIST II 6,350.79 6,665.01 6,994.94 7,341.37 7,705.12 1,465.57 1,538.08 1,614.22 1,694.16 1,778.10

36.6392 38.4520 40.3554 42.3541 44.4526

EXHBIT A
679
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/07/2024
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
4150 CRIME & INTELLIGENCE 98,936.11 103,882.91 109,077.06 114,530.91 120,257.46 ANALYST* 8,244.68 8,656.91 9,089.75 9,544.24 10,021.45
1,902.62 1,997.75 2,097.64 2,202.52 2,312.64

47.5654 49.9437 52.4409 55.0629 57.8161
4152 CRIME & INTELLIGENCE 118,469.16 124,392.61 130,612.24 137,142.86 144,000.00 ANALYST, SUPERVISING 9,872.43 10,366.05 10,884.35 11,428.57 12,000.00 2,278.25 2,392.17 2,511.77 2,637.36 2,769.23

56.9563 59.8041 62.7944 65.9341 69.2308
4160 CRIME PREVENTION 78,744.53 82,523.58 86,491.57 90,657.97 95,032.69 SPECIALIST 6,562.04 6,876.97 7,207.63 7,554.83 7,919.39 1,514.32 1,586.99 1,663.30 1,743.42 1,827.55

37.8580 39.6748 41.5825 43.5856 45.6888
4170 CRISIS INTERVENTION 100,608.08 105,558.99 110,757.46 116,215.85 121,947.16 SPECIALIST 8,384.01 8,796.58 9,229.79 9,684.65 10,162.26 1,934.77 2,029.98 2,129.95 2,234.92 2,345.14

48.3693 50.7495 53.2488 55.8730 58.6284
4050 DIVISION CLERK 70,575.34 73,945.94 77,485.06 81,201.13 85,103.02 5,881.28 6,162.16 6,457.09 6,766.76 7,091.92
1,357.22 1,422.04 1,490.10 1,561.56 1,636.60

33.9305 35.5509 37.2524 39.0390 40.9149
4180 ECONOMIC DEVELOPMENT 91,264.84 95,669.92 100,295.25 105,151.83 110,251.23 SPECIALIST 7,605.40 7,972.49 8,357.94 8,762.65 9,187.60 1,755.09 1,839.81 1,928.75 2,022.15 2,120.22

43.8773 45.9952 48.2189 50.5538 53.0054
5090 ELECTRICIAN* 102,285.02 107,399.27 112,769.23 118,407.69 124,328.07 8,523.75 8,949.94 9,397.44 9,867.31 10,360.67
1,967.02 2,065.37 2,168.64 2,277.07 2,390.92

49.1755 51.6343 54.2160 56.9268 59.7731
4092 ENGINEER, ASSISTANT 110,974.88 116,365.46 122,025.55 127,968.66 134,208.90 9,247.91 9,697.12 10,168.80 10,664.06 11,184.08
2,134.13 2,237.80 2,346.65 2,460.94 2,580.94

53.3533 55.9449 58.6661 61.5234 64.5235
4090 ENGINEER, JUNIOR 97,711.83 102,439.27 107,403.04 112,615.01 118,087.59 8,142.65 8,536.61 8,950.25 9,384.58 9,840.63
1,879.07 1,969.99 2,065.44 2,165.67 2,270.92

46.9768 49.2497 51.6361 54.1418 56.7729
4080 ENGINEERING SPECIALIST 110,974.88 116,365.46 122,025.55 127,968.66 134,208.90 9,247.91 9,697.12 10,168.80 10,664.06 11,184.08
2,134.13 2,237.80 2,346.65 2,460.94 2,580.94

53.3533 55.9449 58.6661 61.5234 64.5235
4070 ENGINEERING 95,602.88 100,224.84 105,077.91 110,173.63 115,524.14 TECHNICIAN, ASSIST 7,966.91 8,352.07 8,756.49 9,181.14 9,627.01 1,838.52 1,927.40 2,020.73 2,118.72 2,221.62

45.9629 48.1850 50.5182 52.9681 55.5405

EXHBIT A
680
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/07/2024
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
4071 ENGINEERING 102,439.25 107,403.03 112,615.00 118,087.58 123,833.78 TECHNICIAN, ASSOC 8,536.60 8,950.25 9,384.58 9,840.63 10,319.48 1,969.99 2,065.44 2,165.67 2,270.92 2,381.42

49.2496 51.6361 54.1418 56.7729 59.5355
4072 ENGINEERING 106,376.57 111,537.23 116,955.91 122,645.53 128,619.63 TECHNICIAN, SENIOR 8,864.71 9,294.77 9,746.33 10,220.46 10,718.30 2,045.70 2,144.95 2,249.15 2,358.57 2,473.45

51.1426 53.6237 56.2288 58.9642 61.8364
5030 FACILITIES MAINTENANCE 62,249.61 65,203.90 68,305.93 71,563.04 74,983.02 TRAINEE 5,187.47 5,433.66 5,692.16 5,963.59 6,248.59
1,197.11 1,253.92 1,313.58 1,376.21 1,441.98

29.9277 31.3480 32.8394 34.4053 36.0495
5031 FACILITIES MAINTENANCE 69,575.53 72,896.12 76,382.74 80,043.70 83,887.71 WORKER I 5,797.96 6,074.68 6,365.23 6,670.31 6,990.64
1,337.99 1,401.85 1,468.90 1,539.30 1,613.23

33.4498 35.0462 36.7225 38.4826 40.3306
5032 FACILITIES MAINTENANCE 74,531.69 78,100.10 81,846.93 85,781.11 89,911.98 WORKER II 6,210.97 6,508.34 6,820.58 7,148.43 7,492.67
1,433.30 1,501.93 1,573.98 1,649.64 1,729.08

35.8325 37.5481 39.3495 41.2409 43.2269
5033 FACILITIES MAINTENANCE 78,190.12 81,941.45 85,880.34 90,016.19 94,358.83 WORKER, SENIOR 6,515.84 6,828.45 7,156.70 7,501.35 7,863.24 1,503.66 1,575.80 1,651.55 1,731.08 1,814.59

37.5914 39.3949 41.2886 43.2770 45.3648
5034 FACILITIES MAINTENANCE 87,853.08 92,087.54 96,533.75 101,202.26 106,104.20 WORKER, SUPERVISING 7,321.09 7,673.96 8,044.48 8,433.52 8,842.02 1,689.48 1,770.91 1,856.42 1,946.20 2,040.47

42.2371 44.2729 46.4105 48.6549 51.0116
4190 FAMILY THERAPIST 96,171.95 100,822.38 105,705.32 110,832.40 116,215.85 8,014.33 8,401.87 8,808.78 9,236.03 9,684.65
1,849.46 1,938.89 2,032.79 2,131.39 2,234.92

46.2365 48.4723 50.8199 53.2848 55.8730
5040 FLEET SERVICES WORKER 62,249.65 65,203.96 68,305.98 71,563.09 74,983.07 5,187.47 5,433.66 5,692.17 5,963.59 6,248.59
1,197.11 1,253.92 1,313.58 1,376.21 1,441.98

29.9277 31.3481 32.8394 34.4053 36.0496
4200 GIS SPECIALIST 110,974.88 116,365.44 122,025.54 127,968.65 134,208.89 9,247.91 9,697.12 10,168.80 10,664.05 11,184.07
2,134.13 2,237.80 2,346.65 2,460.94 2,580.94

53.3533 55.9449 58.6661 61.5234 64.5235
5050 GROUNDSKEEPER 62,249.61 65,203.90 68,305.92 71,563.03 74,983.01 TRAINEE 5,187.47 5,433.66 5,692.16 5,963.59 6,248.58
1,197.11 1,253.92 1,313.58 1,376.21 1,441.98

29.9277 31.3480 32.8394 34.4053 36.0495

EXHBIT A
681
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/07/2024
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
5051 GROUNDSKEEPER I 69,575.53 72,896.12 76,382.74 80,043.70 83,887.71 5,797.96 6,074.68 6,365.23 6,670.31 6,990.64
1,337.99 1,401.85 1,468.90 1,539.30 1,613.23

33.4498 35.0462 36.7225 38.4826 40.3306
5052 GROUNDSKEEPER II 74,531.69 78,100.11 81,846.93 85,781.11 89,911.98 6,210.97 6,508.34 6,820.58 7,148.43 7,492.67
1,433.30 1,501.93 1,573.98 1,649.64 1,729.08

35.8325 37.5481 39.3495 41.2409 43.2269
5053 GROUNDSKEEPER III 78,190.12 81,941.45 85,880.34 90,016.19 94,358.83 6,515.84 6,828.45 7,156.70 7,501.35 7,863.24
1,503.66 1,575.80 1,651.55 1,731.08 1,814.59

37.5914 39.3949 41.2886 43.2770 45.3648
5055 GROUNDSKEEPER, 87,853.08 92,087.54 96,533.75 101,202.26 106,104.20 SUPERVISING 7,321.09 7,673.96 8,044.48 8,433.52 8,842.02 1,689.48 1,770.91 1,856.42 1,946.20 2,040.47

42.2371 44.2729 46.4105 48.6549 51.0116
4210 INFORMATION 83,064.65 87,098.95 91,334.97 95,782.79 100,452.99 TECHNOLOGY TECHNICIAN 6,922.05 7,258.25 7,611.25 7,981.90 8,371.08 1,597.40 1,674.98 1,756.44 1,841.98 1,931.79

39.9349 41.8745 43.9110 46.0494 48.2947
4211 INFORMATION TECHNOLOGY 91,066.74 95,501.14 100,157.26 105,046.20 110,179.57 TECHNICIAN, SENIOR 7,588.90 7,958.43 8,346.44 8,753.85 9,181.63 1,751.28 1,836.56 1,926.10 2,020.12 2,118.84

43.7821 45.9140 48.1525 50.5030 52.9710
5054 LANDSCAPE MAINTENANCE 83,532.03 87,550.44 91,769.78 96,200.09 100,851.92 SPECIALIST 6,961.00 7,295.87 7,647.48 8,016.67 8,404.33 1,606.39 1,683.66 1,764.80 1,850.00 1,939.46

40.1596 42.0916 44.1201 46.2500 48.4865
4230 LIBRARIAN I 75,348.04 78,957.27 82,746.95 86,726.12 90,904.24 6,279.00 6,579.77 6,895.58 7,227.18 7,575.35
1,449.00 1,518.41 1,591.29 1,667.81 1,748.16

36.2250 37.9602 39.7822 41.6953 43.7040
4231 LIBRARIAN II 83,415.29 87,427.88 91,641.09 96,064.96 100,710.03 6,951.27 7,285.66 7,636.76 8,005.41 8,392.50
1,604.14 1,681.31 1,762.33 1,847.40 1,936.73

40.1035 42.0326 44.0582 46.1851 48.4183
4221 LIBRARY ASSISTANT 71,002.14 74,394.06 77,955.59 81,695.19 85,621.79 5,916.85 6,199.51 6,496.30 6,807.93 7,135.15
1,365.43 1,430.66 1,499.15 1,571.06 1,646.57

34.1356 35.7664 37.4787 39.2765 41.1643
4222 LIBRARY ASSISTANT, 79,511.76 83,329.18 87,337.46 91,546.15 95,965.29 SUPERVISING 6,625.98 6,944.10 7,278.12 7,628.85 7,997.11 1,529.07 1,602.48 1,679.57 1,760.50 1,845.49

38.2268 40.0621 41.9892 44.0126 46.1372

EXHBIT A
682
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/07/2024
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
4220 LIBRARY CLERK 62,584.43 65,555.48 68,675.08 71,950.64 75,389.99 5,215.37 5,462.96 5,722.92 5,995.89 6,282.50
1,203.55 1,260.68 1,320.67 1,383.67 1,449.81

30.08867 31.51706 33.01687 34.59165 36.24519
5060 MAINTENANCE 62,249.61 65,203.90 68,305.92 71,563.03 74,983.01 TRAINEE 5,187.47 5,433.66 5,692.16 5,963.59 6,248.58
1,197.11 1,253.92 1,313.58 1,376.21 1,441.98

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

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

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

37.59140 39.39493 41.28863 43.27701 45.36482
5070 MECHANIC* 89,865.38 94,358.65 99,076.58 104,030.41 109,231.93 7,488.78 7,863.22 8,256.38 8,669.20 9,102.66
1,728.18 1,814.59 1,905.32 2,000.58 2,100.61

43.20451 45.36473 47.63297 50.01462 52.51535
5071 MECHANIC SENIOR* 97,540.76 102,417.80 107,538.68 112,915.62 118,561.40 8,128.40 8,534.82 8,961.56 9,409.63 9,880.12
1,875.78 1,969.57 2,068.05 2,171.45 2,280.03

46.89459 49.23932 51.70129 54.28636 57.00067
4240 NEIGHBORHOOD 102,439.25 107,403.03 112,615.00 118,087.58 123,833.78 PRESERVATION OFFICER 8,536.60 8,950.25 9,384.58 9,840.63 10,319.48 1,969.99 2,065.44 2,165.67 2,270.92 2,381.42

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

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

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

38.00592 39.83016 41.74563 43.75686 45.86865

EXHBIT A
683
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/07/2024
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
4260 PLAN CHECK ENGINEER 125,813.43 131,945.92 138,385.03 145,146.12 152,245.26 10,484.45 10,995.49 11,532.09 12,095.51 12,687.11
2,419.49 2,537.42 2,661.25 2,791.27 2,927.79

60.48723 63.43554 66.53126 69.78179 73.19484
4120 PLANNER, ASSISTANT 102,132.14 107,080.58 112,276.43 117,732.08 123,460.49 8,511.01 8,923.38 9,356.37 9,811.01 10,288.37
1,964.08 2,059.24 2,159.16 2,264.08 2,374.24

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

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

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

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

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

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

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

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

39.64075 41.54674 43.54802 45.64938 47.85580
4300 PUBLIC SAFETY 88,484.06 92,908.26 97,553.68 102,431.36 107,552.93 DISPATCHER* 7,373.67 7,742.36 8,129.47 8,535.95 8,962.74 1,701.62 1,786.70 1,876.03 1,969.83 2,068.33

42.54041 44.66743 46.90081 49.24585 51.70814

EXHBIT A
684
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/07/2024
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
4301 PUBLIC SAFETY 92,771.59 97,410.17 102,280.68 107,394.71 112,764.45 DISPATCHER, SENIOR* 7,730.97 8,117.51 8,523.39 8,949.56 9,397.04 1,784.07 1,873.27 1,966.94 2,065.28 2,168.55

44.60173 46.83181 49.17340 51.63207 54.21368
4302 PUBLIC SAFETY 102,057.71 107,160.59 112,518.62 118,144.55 124,051.78 DISPATCHER, SUPERVISING* 8,504.81 8,930.05 9,376.55 9,845.38 10,337.65 1,962.65 2,060.78 2,163.82 2,272.01 2,385.61

49.06621 51.51952 54.09549 56.80027 59.64028
4310 PURCHASING SPECIALIST, 89,044.61 93,457.00 98,090.01 102,954.67 108,062.56 SUPERVISING 7,420.38 7,788.08 8,174.17 8,579.56 9,005.21 1,712.40 1,797.25 1,886.35 1,979.90 2,078.13

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

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

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

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

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

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

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

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

37.84297 39.67793 41.60465 43.62771 45.75192

EXHBIT A
685
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/07/2024
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
5153 WASTEWATER COLLECTIONS 86,374.91 90,574.73 94,984.54 99,614.84 104,476.64 SYSTEMS WORKER III 7,197.91 7,547.89 7,915.38 8,301.24 8,706.39 1,661.06 1,741.82 1,826.63 1,915.67 2,009.17

41.52640 43.54554 45.66564 47.89175 50.22915
5160 WATER DISTRIBUTION 66,385.61 69,546.72 72,865.88 76,350.99 80,010.38 OPERATOR TRAINEE 5,532.13 5,795.56 6,072.16 6,362.58 6,667.53 1,276.65 1,337.44 1,401.27 1,468.29 1,538.66

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

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

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

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

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

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

47.49765 49.81535 52.24894 54.80421 57.48725
5171 WATER RESOURCES 107,296.52 112,661.35 118,294.42 124,209.14 130,419.60 COORDINATOR - ELECTRICAL & 8,941.38 9,388.45 9,857.87 10,350.76 10,868.30 INSTRUMENTATION* 2,063.39 2,166.56 2,274.89 2,388.64 2,508.07

51.58487 54.16411 56.87232 59.71593 62.70173
5100 WR INSTRUMENT 97,644.71 102,526.95 107,653.30 113,035.97 118,687.77 CONTROL TECHNICIAN* 8,137.06 8,543.91 8,971.11 9,419.66 9,890.65 1,877.78 1,971.67 2,070.26 2,173.77 2,282.46

46.94457 49.29180 51.75639 54.34422 57.06143
5110 WR LABORATORY 89,300.98 93,647.10 98,210.53 103,002.12 108,033.30 TECHNICIAN 7,441.75 7,803.93 8,184.21 8,583.51 9,002.78 1,717.33 1,800.91 1,888.66 1,980.81 2,077.56

42.93316 45.02264 47.21660 49.52025 51.93909

EXHBIT A
686
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/07/2024
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
5120 WR MECHANIC I 83,506.88 87,602.74 91,903.39 96,419.08 101,160.55 6,958.91 7,300.23 7,658.62 8,034.92 8,430.05
1,605.90 1,684.67 1,767.37 1,854.21 1,945.40

40.14754 42.11670 44.18432 46.35533 48.63488
5121 WR MECHANIC II 94,081.30 98,705.88 103,561.69 108,660.29 114,013.82 7,840.11 8,225.49 8,630.14 9,055.02 9,501.15
1,809.26 1,898.19 1,991.57 2,089.62 2,192.57

45.23139 47.45475 49.78927 52.24052 54.81434
5131 WR OPERATOR - GRADE I 84,329.71 88,388.00 92,649.24 97,123.51 101,821.50 7,027.48 7,365.67 7,720.77 8,093.63 8,485.13
1,621.73 1,699.77 1,781.72 1,867.76 1,958.11

40.54313 42.49423 44.54290 46.69400 48.95264
5132 WR OPERATOR - GRADE II 88,377.12 92,637.79 97,111.51 101,808.90 106,741.17 7,364.76 7,719.82 8,092.63 8,484.08 8,895.10
1,699.56 1,781.50 1,867.53 1,957.86 2,052.71

42.48900 44.53740 46.68823 48.94659 51.31787
5133 WR OPERATOR - GRADE III 95,313.48 99,920.98 104,758.85 109,838.61 115,172.36 7,942.79 8,326.75 8,729.90 9,153.22 9,597.70
1,832.95 1,921.56 2,014.59 2,112.28 2,214.85

45.82379 48.03893 50.36483 52.80702 55.37133
5130 WR OPERATOR - TRAINEE 71,397.02 74,808.69 78,390.95 82,152.33 86,101.77 5,949.75 6,234.06 6,532.58 6,846.03 7,175.15
1,373.02 1,438.63 1,507.52 1,579.85 1,655.80

34.32549 35.96572 37.68796 39.49631 41.39508
5134 WR SENIOR OPERATOR 99,935.20 104,773.79 109,854.29 115,188.83 120,790.10 8,327.93 8,731.15 9,154.52 9,599.07 10,065.84
1,921.83 2,014.88 2,112.58 2,215.17 2,322.89

48.04577 50.37201 52.81456 55.37925 58.07216
5141 WR SOURCE CONTROL 93,784.92 98,355.24 103,154.07 108,192.83 113,483.55 INSPECTOR 7,815.41 8,196.27 8,596.17 9,016.07 9,456.96
1,803.56 1,891.45 1,983.73 2,080.63 2,182.38

45.08890 47.28617 49.59330 52.01578 54.55940
5140 WR SOURCE CONTROL 88,348.71 92,607.98 97,080.20 101,776.02 106,706.64 TECHNICIAN 7,362.39 7,717.33 8,090.02 8,481.34 8,892.22 1,699.01 1,780.92 1,866.93 1,957.23 2,052.05

42.47534 44.52307 46.67317 48.93078 51.30127
5135 WR SUPERVISING 109,605.26 114,927.33 120,515.52 126,383.12 132,544.09 OPERATOR 9,133.77 9,577.28 10,042.96 10,531.93 11,045.34 2,107.79 2,210.14 2,317.61 2,430.44 2,548.92

52.69484 55.25352 57.94015 60.76112 63.72312
4330 YOUTH SERVICES CASE 87,919.94 92,157.75 96,607.48 101,279.67 106,185.48 COORDINATOR 7,326.66 7,679.81 8,050.62 8,439.97 8,848.79 1,690.77 1,772.26 1,857.84 1,947.69 2,042.03

42.26920 44.30661 46.44590 48.69215 51.05071
**Salaries Updated March 24, 2025

EXHBIT A
687
CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES

CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
3110 POLICE OFFICER 126,894.64 133,239.37 139,901.34 146,896.41 154,241.23 10,574.55 11,103.28 11,658.45 12,241.37 12,853.44
2440.28 2562.30 2690.41 2824.93 2966.18

61.00704 64.05739 67.26026 70.62327 74.15444
3100 POLICE SERGEANT 157,895.87 165,790.66 174,080.19 182,784.20 191,923.41 13,157.99 13,815.89 14,506.68 15,232.02 15,993.62
3036.46 3188.28 3347.70 3515.08 3690.83

75.91148 79.70705 83.69240 87.87702 92.27087
3120 POLICE TRAINEE 44.44605 - - - -
(Non-Sworn)

CITY OF LIVERMORE

POLICE OFFICERS ASSOCIATION
EFFECTIVE 05/05/2025

2. LPOA May 5, 2025
7/11/2025 Page 1 of 1

EXHBIT A
688
Class
Code Classification Monthly Salary Range
$15,314.56 - $19,143.20
2030 Assistant Community Development Director
2045 Assistant Public Works Director
2060 City Engineer
$14,246.41 - $17,808.01
2025 Assistant City Engineer
2050 Building Official
2090 Finance Manager
2125 Maintenance and Golf Operations Manager
2145 Planning Manager
2220 Water Resources Division Manager
$13,652.80 - $17,066.00
2005 Airport Manager*
2095 Housing & Human Services Manager*
2115 Information Technology Manager*
$13,402.20 - $16,752.75
2200 Senior Transportation Engineer
$12,860.47 - $16,075.59
2140 Permit Center Manager
$12,834.62 - $16,043.27
2190 Senior Civil Engineer
$12,681.30 - $15,851.63
2040 Assistant Library Director*
2070 IT Operations Manager
2165 Police Support Services Manager*
2170 Principal Planner*
$12,311.95 - $15,389.94
2055 City Clerk
2100 Housing Programs Manager
2105 Human Services Programs Manager
2231 Water Resources Technical Programs Manager P.E.
2240 Youth and Family Services Manager - Clinical
$12,059.41 - $15,074.26
2085 Economic Development Manager*
2225 Water Resources Operations Manager*
$11,624.21 - $14,530.26
2035 Assistant Finance Manager
2120 Inspection & Neighborhood Preservation Manager
2230 Water Resources Technical Programs Manager

CITY OF LIVERMORE

MANAGEMENT SALARY SCHEDULE
$8,398 - $19,145/month
Effective July 14, 2025

EXHBIT A
689
Class
Code Classification Monthly Salary Range

CITY OF LIVERMORE

MANAGEMENT SALARY SCHEDULE
$8,398 - $19,145/month
Effective July 14, 2025
$11,381.38 - $14,226.72
2215 Water Distribution Operations Manager*
$11,049.87 - $13,812.34
2000 Accounting Supervisor
2110 Information Technology Coordinator
2195 Management Analyst, Senior
2150 Police Business Services Manager*
2175 Public Works Manager
2210 Network Engineer
$10,932.58 - $13,665.73
2065 Construction Inspection Manager
$10,882.69 - $13,603.36
2155 Police Facility & Equipment Manager
$10,637.34 - $13,296.68
2006 Assistant Airport Manager*
2180 Public Works Supervisor*
$10,327.52 - $12,909.40
2020 Assistant City Clerk
2135 Management Analyst II
2160 Police Media & Community Relations Analyst
$9,155.01 - $11,443.76
2205 Supervising Librarian*
$8,398.68 - $10,498.35
2080 Deputy City Clerk
2130 Management Analyst I
*Received a Market/Internal Equity Adjustment

EXHBIT A
690
Class
Code Classification
2405 Assistant Administrative Services Director (Conf) $15,314.56 - $19,143.20 2440 Assistant City Attorney, Senior (Confidential) $16,511.22 - $20,639.03 2442 Assistant City Attorney (Confidential) $15,314.56 - $19,143.20 2400 Assistant to the City Manager (Confidential) $13,543.31 - $16,929.14 2444 Deputy City Attorney (Confidential) $10,882.69 - $13,603.36 2420 Human Resources Manager (Confidential) $14,246.41 - $17,808.01 2450 Human Resources Analyst, Senior (Conf) $11,049.87 - $13,812.34 2411 Human Resources Analyst II (Confidential) $10,327.52 - $12,909.40 2410 Human Resources Analyst I (Confidential) $8,398.68 - $10,498.35 2460 Management Analyst, Senior (Confidential) $11,049.87 - $13,812.34 2431 Management Analyst II (Confidential) $10,327.52 - $12,909.40 2430 Management Analyst I (Confidential) $8,398.68 - $10,498.35 2465 Risk Manager (Confidential) $12,473.31 - $15,591.64

CITY OF LIVERMORE
Monthly Salary Range
Effective July 14, 2025
$8,398 - $20,640/month

MANAGEMENT CONFIDENTIAL SALARY SCHEDULE

EXHBIT A
691

CITY OF LIVERMORE

POLICE MANAGEMENT SALARY SCHEDULE
$16,350 - $25,350/month
Effective July 14, 2025
Class
Code Classification Salary Range
3000 Police Captain $20,276.58 - $25,345.73
3010 Police Lieutenant $16,350.16 - $20,437.70

EXHBIT A
692
Class
Code Classifications
2600 Administrative Receptionist $5,562.90 - $6,953.62
2610 Administrative Specialist I $6,438.89 - $8,048.61
2611 Administrative Specialist II $7,241.68 - $9,052.10 2620 Executive Assistant $9,270.46 - $11,588.07
2630 Human Resources Clerk I $6,438.89 - $8,048.61
2631 Human Resources Clerk II $7,083.50 - $8,854.37
2640 Human Resources Technician $7,772.46 - $9,715.57
2650 Law Office Supervisor $9,270.46 - $11,588.07
2660 Legal Assistant $7,698.58 - $9,623.23
Monthly Salary Range

CITY OF LIVERMORE

CONFIDENTIAL SALARY SCHEDULE
$5,560 - $11,590/month
Effective July 14, 2025

EXHBIT A
693
Class
Code Classification Monthly Salary Range
1215 Administrative Services Director $16,846.32 - $21,057.90 1200 Assistant City Manager $18,172.50 - $22,715.62
1220 Community Development Director $16,846.32 - $21,057.90 1205 Deputy City Manager $14,447.69 - $18,059.62
1210 Deputy City Manager/City Clerk $14,447.69 - $18,059.62 1225 Innovation & Economic Development Dir $16,846.32 - $21,057.90 1230 Library Services Director $16,846.32 - $21,057.90
1235 Police Chief* $22,925.22 - $28,656.53
1240 Public Works Director $16,846.32 - $21,057.90
*10% Salary Adjustment effective 07/14/2025

CITY OF LIVERMORE

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

EXHBIT A
694

CITY OF LIVERMORE

APPOINTED MANAGEMENT
Class
Code Classification Annual Salary Effective
1000 City Manager $370,656 11/18/2024
1100 City Attorney $315,269 11/18/2024

EXHBIT A
695

CITY OF LIVERMORE

UNCLASSIFIED AND HOURLY SALARY SCHEDULE
Class
Code Classification Hourly Salary Range Effective Date
8200 Department Assistant $16.50 - $30.00 12/30/24
8205 Field/Maintenance Aide $16.50 - $30.00 12/30/24
8210 Law Clerk $16.50 - $26.00 12/30/24
8230 Temporary Librarian $22.00 - $32.00 01/01/24
8235 Temporary Library Assistant $20.00 - $30.00 01/01/24 8240 Temporary Library Clerk $18.00 - $28.00 01/01/24
8215 Library Aide $16.50 - $20.00 12/30/24
8220 Police Cadet $16.50 - $26.00 12/30/24
8225 Special Projects Coordinator $20.00 - $100.00 12/20/21

EXHBIT A
696

CITY OF LIVERMORE

RETIRED ANNUITANTS
Class
Code Classification Hourly Salary Range Effective Date
8500 Retired Annuitant - Assistant City Engineer $82.19 - $102.73 07/28/25 8505 Retired Annuitant - Senior Civil Engineer $74.05 - $92.55 07/28/25 8510 Retired Annuitant - Associate Civil Engineer $60.54 - $73.25 07/28/25 8515 Retired Annuitant - Planning Manager $82.19 - $102.73 07/28/25 8520 Retired Annuitant - Senior Planner $59.36 - $71.81 07/28/25 8525 Retired Annuitant - Associate Planner $56.60 - $68.47 07/28/25 8530 Retired Annuitant - Police Officer $61.01 - $74.15 07/28/25 8535 Retired Annuitant - Public Safety Dispatcher $42.54 - $51.71 07/28/25 8540 Retired Annuitant - Senior Management Analyst $63.75 - $79.68 07/28/25 8545 Retired Annuitant - Public Works Supervisor $61.37 - $76.71 07/28/25 8550 Retired Annuitant - Management Analyst II $59.58 - $74.47 07/28/25 8555 Retired Annuitant - Administrative Clerk I $30.09 - $36.24 07/28/25 8560 Retired Annuitant - Library Clerk $30.09 - $36.24 07/28/25

EXHBIT A
697
CITY COUNCIL STAFF REPORT ITEM NO. 5.16
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Marianna A. Burch, City Manager
SUBJECT: Resolutions approving City Council Values, Norms and Principles of Governance, and City Council Meeting Rules of Procedure.

RECOMMENDED ACTION
Staff recommends the City Council adopt resolutions approving the City Council Values, Norms and Principles of Governance, and City Council Meeting Rules of Procedure.

SUMMARY
Staff recommends the City Council adopt resolutions approving revisions to the City Council Values, Norms and Principles of Governance, and revisions to the City Council Meeting Rules of Procedure based on feedback provided by the City Council at the April 28 workshop.

DISCUSSION
At the April 28, 2025, workshop, the City Council discussed changes to the City Council Values, Norms Principles of Governance and City Council Meeting Rules of Procedure, and provided direction to staff on the desired changes, which are summarized below and captured as redlined edits in the attached documents. In addition to Council-directed changes, included in the attached redlined documents are staff-initiated changes, deemed necessary to ensure legislative and legal compliance, consistency with practice and additional clarity.

Changes Throughout the Documents

1. Typographical changes were noted by the City Council and staff throughout the documents.

2. Staff was requested to review the documents for gender-specific pronouns and replace all with gender-neutral pronouns.

Changes to Values, Norms and Principles of Governance

3. Place Values before Norms.

4. Define Values as “attributes that the City Council holds as important,” and define Norms as “behavioral expectations that help the City Council achieve our Values.” 698

5. Establish an expectation that Values, Norms, Principles and Rules will be reviewed every two years.

Changes to Norms

6. Under "Take Responsibility", add: "Because we value Teamwork, Council Members shall place the good of the whole city first and strive to build a thriving community for all. Within their districts, Council Members shall familiarize themselves with district specific issues so that they can work collaboratively with their colleagues to meet those specific needs."

7. Under "Take Responsibility", further add: "Because we Facilitate Trust and Honest and Effective Communication, Council Members are expected to follow the rule of law as well as Values, Norms, and Principles of Governance and Meeting Rules of Procedure and act responsibly both on the City Council and in representing the City. Should a Council Member fail to follow the Values, Norms, Principles or Rules, they are expected to acknowledge their mistake, learn from it, and make amends."

8. Under “Maintain Transparent Communication”, add: "We further strive to communicate the reasoning and limitations of our actions under law to the best of our ability. Among other things, this helps to create a clear administrative record with well-articulated findings." Changes to Principles of Governance

9. Under “City Attorney Responsibility”, revise the third sentence to read: “The City Attorney shall not take any action requested by an individual Council Member nor should an individual Council Member request such an action.”

10. Under “Council-Advisory Body Relations”, add "Individual City Council Members should not influence Board and Commission Members, and are discouraged from attending Board and Commission meetings or engaging in direct email or other communication over City business with Board and Commission Members."
Changes to Rules of Procedure

1. Section 6.1 (“Appointment of Vice Mayor”): Clarify that the Mayor will provide the initial nomination for the Vice Mayor to the City Council.

2. Section 8.4 ("Teleconferenced and Hybrid Meetings"): Clarify procedures for teleconferenced and hybrid meetings.

3. Section 10.6: Add the requirement for City staff to identify whether the recommended action is legislative, quasi-judicial, or administrative, and also identify elements or findings required to approve the item of business.

4. Section 10.8: Replace the current deadline for City Council Reports with "by the deadline set by the City Clerk."

5. Section 10.8: Add the following: "Items listed in the written City Council Reports are not included in the meeting minutes, even if highlighted during the Council Member’s oral comments. These items are considered part of the official record via the supplemental packet. If a Council Member shares information during the meeting that is not included in their written report, that information will be captured in the meeting minutes."

6. Section 12.3: Clarify when remote public comment will be allowed.

7. Section 17.3: Update to provide additional guidance on reading the title for an ordinance and waiving of the requirement for the full reading.

8. Section 19: Eliminate the entire section. Return to the City Council with a Policy on the City Officials’ Use of Social Media and Electronic Communication. Schedule a special workshop to conduct City Council training on the Policy. Separately, provide the same training to all City of Livermore Board and Commission members.
699

FISCAL AND ADMINISTRATIVE IMPACTS
There are no fiscal or administrative impacts.

COMMUNITY PILLAR

5. A City That Works
GOAL

1. Engage effectively with the Mayor and City Council

ATTACHMENTS

1. Redlined City Council Values Norms and Principles of Governance

2. Redlined Changes to City Council Meeting Rules of Procedure

3. Resolution - 2025 Values Norms Principles of Governance

4. Exhibit A - City Council Values Norms and Principles of Governance

5. Resolution - 2025 Rules of Procedure

6. Exhibit A - City Council Meeting Rules of Procedure revised 07 2025 Prepared by: Stephanie Egidio
Acting Deputy City Manager
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
700
Revised March July 20253
City Council Values, Norms, Values, and Principles of
Governance
The following are key Values, Norms and Principles of Governance established by the Livermore City Council. It is the City Council’s expectation that these values, norms and principles, along with the Meeting Rules of Procedure, will be reviewed biennially and revised as necessary.

COUNCIL VALUES
The following is a list of City Council’s key established Values. Values are defined as attributes that the City Council holds as important.

Trust
We value and foster trust and honesty among staff and one another. We listen to others and seek to create an environment of mutual support.

Honest and Effective Communication
We commit to direct, respectful communication to seek a shared understanding. We value diversity of thought and will engage in open dialogue with each other and the public.

Data Driven Decision Making
We seek to make data-driven (qualitative and quantitative) policy decisions. Our findings will rely on fact-based evidence, not unvalidated assumptions.

Teamwork
We work as a team to create effective policy, focusing on the best outcomes for the community, as a whole.

Enthusiasm and Effort
We have a genuine enthusiasm for our role as policy makers and community leaders.

We come to meetings well-prepared and ready for robust discussion.

COUNCIL NORMS
The following is a list of City Council’s key established Norms. Norms are defined as behavioral expectations that help the City Council achieve our Values.

Demonstrate Respect and Show Professionalism
The City Council shows respect and practices professionalism through their actions and words, and shows compassion for community, staff, and other members of the City Council in all situations, including those involving disagreement and difference.

We focus on forward-thinking, while building on history and lessons learned from the ATTACHMENT 1
701
Revised March July 20253
past. We avoid responding to perceived derogatory or repugnant public comments during City Council meetings. Out of respect to each other, staff, and members of the public, we avoid using cell phones and other communication devices during City Council and other public meetings where we preside.

Take Responsibility
We are accountable to the community, staff, and to each other for our actions and words. We hold ourselves to the highest ethical standards. We act with integrity and lead by example.

Because we value Teamwork, Council Members shall place the good of the whole city first and strive to build a thriving community for all. Within their districts, Council Members shall familiarize themselves with district-specific issues so that they can work collaboratively with their colleagues to meet those specific needs.

Because we facilitate Trust and Honest and Effective Communication, Council Members are expected to follow the rule of law as well as Values, Norms, and Principles of Governance and Meeting Rules of Procedure and act responsibly both on the City Council and in representing the City. Should a Council Member fail to follow the Values, Norms, Principles or Rules, they are expected to acknowledge their mistake, learn from it, and make amends.

Encourage Civic Engagement
We value and encourage the input of others, and challenge ideas and not individuals in our role as policy makers. We recognize the importance of input from various groups and seek to actively engage the community.

Show Appreciation
When appropriate, we recognize and show genuine appreciation for the hard work and accomplishments of staff, advisory body members, community organizations, members of the public and fellow City Council Members.

Maintain Transparent Communication
We strive to maintain transparent communication, in meetings and through online and written correspondence.

We further strive to communicate the reasoning and limitations of our actions under law to the best of our ability. Among other things, this helps to create a clear administrative record with well-articulated findings.

PRINCIPLES OF GOVERNANCE
The City Council will govern on an at-large (community-wide) basis to address the needs of the entire community. Resources will be allocated based on community-wide priorities. To ensure a community-wide focus, City Council Members and residents may communicate directly regardless of the district the Council Member represents or the ATTACHMENT 1
702
Revised March July 20253
district where the community member lives.

Council-Staff Relations
Council and staff work in partnership to achieve our goals. Consistent with Livermore's Council-Manager form of local government, the City Manager plays a central role in directing and facilitating Council-staff relations. Typically, Council Members are expected to engage only with Department Directors and other executive staff, and to do so under the direction of the City Manager. Similarly, Council Members are expected to engage with City Attorney staff only with the consent of the City Attorney. Trust and effective communication are key to ensure a productive partnership.

Council Responsibility
The primary role of the City Council is to act as policy makers and to govern the activities of the City of Livermore. We strive to understand and reflect the entire community's values and needs. To achieve this, we serve as an oversight body and provide clear policy direction to staff and follow through with the community. We recognize our responsibility of making sound financial decisions that enhance the quality of life for Livermore residents.

Council Members are encouraged to seek information and advice from the City Manager and City Attorney as part of their due diligence when forming their own opinions and developing their courses of action on issues. The Council recognizes that staff time is a limited resource and that in some cases complying with Council direction may require substantial staff time. In such cases staff will inform Council if their direction cannot be absorbed and that reprioritization of other tasks may be necessary. Before requesting an item under Matters Initiated, a City Council Member is expected to ask the City Manager if there is adequate staff resource capacity needed to address the requested item.

Staff Responsibility
It is the responsibility of staff, under the direction of the City Manager, to support the City Council and implement policies created by the Council. The City Manager is critical in helping to translate the policy direction for staff, and to ensure that there is sufficient clarity and context. The City Manager and staff shall not take any action requested by an individual Council Member even when that action is consistent with Council priorities.

To effectively support Council, staff will provide timely and complete information needed to make sound policy decisions. Reports and recommendations will be comprehensive and contain explicit and clear information including all facts. Staff will include options or alternatives when appropriate. Additionally, staff is expected to provide guidance and advice to Council, ensuring that they are complying with rules and procedures, and adhering to norms and values.

City Attorney Responsibility
It is the responsibility of the City Attorney, as the chief legal advisor of and attorney for the City and all its departments and office, to provide legal oversight of the City's ATTACHMENT 1
703
Revised March July 20253
governance, operation, and public policy. The City Attorney provides legal advice and counseling to the City Council as a body and takes direction from a majority of the City Council. The City Attorney shall not take any action requested by an individual Council Member contrary to the desires of the City that have been expressed by a majority of the City Council nor should an individual Council Member request such an action. The City Attorney counsels and advises the City Council, City Manager, and staff of policy matters to help them make well informed decisions but does not create policy other than through the Risk Management Division's functions.

The City Attorney advocates for the City and upholds the integrity of the City's ordinances, regulations, and policies.

As the advisor and advocate for the City, the City Attorney owes two duties directly to the public: to act as a check on governmental action in certain limited circumstances, and to accurately advise the public when called upon to do so. In addition, the City Attorney is a constitutional officer that has direct authority to take certain actions independent of direction from the City Council and must also fulfill the rules of professional responsibility as an attorney and as a government attorney.

Council- Advisory Body Relations
The City Council has created boards, commissions, and committees to advise the City Council. Advisory body members are appointed by and serve at the pleasure of the City Council. We recognize and value the role of advisory bodies to reflect the entire community through their recommendations to inform our policy decisions.

Advisory bodies communicate to the City Council through their annual updates, meeting actions and/or through their staff- liaisons. City Council can provide guidance to the advisory bodies by commenting on their proposed annual work plans, included during annual updates.

Individual City Council Members should not influence Board and Commission Members, and are discouraged from attending Board and Commission meetings or engaging in direct email or other communication over City business with Board and Commission Mmembers.

City Council Meeting Rules of Procedure
In addition, the City Council is also governed by City Council Meeting Rules of Procedure.

ATTACHMENT 1
704
1 Revised 2023.02.272025.07

CITY COUNCIL MEETING

RULES OF PROCEDURE

1. Authority
These rules of procedure are established for the effective and fair conduct of City Council meetings and to help promote public confidence in the integrity of local government. By adopting these rules, the City Council intends to balance a policy of full and free public action and debate with a need to manage its meetings effectively. [368131].

The rules also include expectations for the appointments to the City’s advisory bodies and their conduct consistent with these rules, and the Mayor’s assignment of the Council Member’s offices and seats on the dais.

2. Purpose
The purpose of these rules is to document the City Council’s accepted practices and to clarify expectations by establishing guidelines for the orderly, consistent, and fair conduct of the City Council’s business.

These rules of procedure are intended to help implement, but do not limit or supersede, the state and local laws that govern the requirements and responsibilities for the City Council’s meetings. Those laws include, but are not limited to, the California Constitution, the Brown Act, the Political Reform Act, the Livermore Municipal Code, and the Livermore Development Code.

These rules of procedure are not intended to limit the inherent power or the general legal authority of the City Council, and failure to follow these rules will not invalidate a City Council action. [City of Pasadena v. Paine, (1954) 126 Cal.App.2d 93].

3. Rules of Parliamentary Procedure
The City Council has adopted Rosenberg’s Rules of Order, Revised 2011, as its rules of parliamentary procedure. In the event of a conflict between Rosenberg’s Rules of Order and these rules of procedure, these rules of procedure shall control.

4. Applicability
These rules of procedure apply to the preparation, posting, and distribution of the agendas for City Council meetings. They also relate to the orderly discussion of items and the City Council’s voting procedures to take formal action or provide direction to staff.

Lastly, they relate to respective powers for the Mayor and Council Members. 1 All citations are to the California Government Code unless otherwise noted.

ATTACHMENT 2
705
2 Revised 2023.02.272025.07

5. Presiding Officer
The Mayor is the presiding officer for each meeting of the City Council that the Mayor attends. In the Mayor’s absence, the Vice Mayor shall be the presiding officer for the meeting when the Vice Mayor is present. In the absence of both the Mayor and the Vice Mayor, the Council Members present at the meeting shall select a presiding officer for that meeting. [36802].

6. Mayoral Duties and Responsibilities
The Mayor is directly elected at-large for a two-year term in November of each evennumbered year. The Mayor is a member of the City Council and has all the powers of a Council Member, except when exercising his or hertheir unique mayoral duties. The Mayor enjoys, and shall not be deprived of, any rights and privileges as a Council Member. Additionally, the Mayor shall have all the powers and duties of an elective Mayor as provided by statute. [34903, 36803; LMC 2.04.020; 81 Ops.Cal.Atty.Gen. 75 (1998)].

6.1 Appointment of Vice Mayor and Vice Mayor Duties and Responsibilities The City Council has the statutory power to appoint a Council Member as mayor pro tempore, which is the position is titled Vice Mayor in Livermore. [34905, 36801].

The Vice Mayor shall be selected for a one-year term and shall be selected at the meeting certifying the election results in each even-numbered year and in December of each oddnumbered year. The Vice Mayor shall have all the powers and duties of a mayor pro tempore as provided by statute. The Council Member selected as Vice Mayor typically rotates among the Council Members. By way of these rules, the City Council invites the Mayor to make the initial nomination of a Council Member for selection and appointment as Vice Mayor at the times designated herein.

If the Mayor is absent or unable to act, the Vice Mayor shall then serve for the Mayor, and shall have all of the powers and duties of the Mayor until such time as the Mayor returns or is again able to act. [34905, 36801].

6.2 Reserved

6.3 Seats on the Dais
The Mayor shall sit at the center of the meeting room dais for all City Council meetings.

If the Mayor is absent, the presiding officer shall sit at the center of the dais.

In December of each year, the Mayor shall assign the seats for the Vice Mayor and the Council Members on the dais. The Mayor should ask Council Members if they have any special needs that should be accommodated before making the assignments.

6.4 Council Member Rooms
ATTACHMENT 2
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The Mayor shall have use of office 216 at City Hall, or such other designation as that office may be given.

In December of each even-numbered year, the Mayor shall assign the use of rooms 218, 219, 220, and 222, or such other designation as those rooms may be given, to the Vice Mayor and the Council Members. Once assigned for use, each Council Member has the right to stay in a room they are occupying. The Mayor and each Council Member shall vacate their assigned rooms within two weeks of the date their respective terms of office expire.

7. Presiding Officer to Conduct Meetings
The presiding officer is responsible for conducting City Council meetings as follows:

7.1 Call to Order
The presiding officer shall call the meeting to order at the appointed time. If both the Mayor and the Vice Mayor are absent, then the City Clerk shall call the meeting to order and the Council Members present shall then select a presiding officer for that meeting who shall have the duties and responsibilities set forth in Section 5 Presiding Officer and in this section for conducting the meeting.

7.2 Preservation of Order
The presiding officer shall preserve strict order and decorum, and shall discourage personal, verbal attacks on Council Members, staff, and/or the public, but shall not prohibit criticisms of the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council or members of the City staff. The presiding officer shall confine debate to the item under discussion. [36813, 38638, 54954.3, 54957.9].

7.3 Questions of Parliamentary Procedure
The presiding officer shall determine all questions of parliamentary procedure in consultation with the City Attorney and City Manager.

7.4 Reordering of Agenda
The presiding officer may reorder the items on the agenda for a noticed meeting to accommodate members of the public who wish to speak on an agenda item that would otherwise be considered by the City Council later in the meeting. The presiding officer shall announce the reorder prior to calling members of the public to speak during open forum.

7.5 Motion to Be Stated
The presiding officer shall state all motions submitted for a vote by the City Council, and announce the result of the vote, and identify the no votes and any Council Members that abstained or recused themselves from the vote. A roll call vote shall be taken for all ATTACHMENT 2
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teleconferenced and hybrid meetings, and may also be taken at any meeting upon the request of any Council Member. No action shall be taken by secret ballot, but electronic tabulation may be used to record and report roll call votes. [54953(b)(2) and (c)(2)].

8. General Rules – City Council Meetings
The City Council endorses, and agrees to comply with, the Brown Act. In the event of a conflict between the Brown Act and these rules of procedure, the Brown Act shall control. [54950 et seq., 54953].

City Council meetings shall be open to the public, but the public shall be excluded from closed sessions as authorized by state law. [54953(a), 54957].

City Council meetings, except for closed sessions, shall be open to the media. The media shall be excluded from closed sessions as authorized by state law. [54953, 54953.5, 54957, 54957.9].

City Council meetings may be recorded by the public and the media, provided such recordings do not interfere with the orderly conduct of the meetings and do not constitute a persistent disruption of the proceedings.

8.1 City Council Meeting Schedule
Each July, the City Council shall approve and thereafter follow an annual calendar for its regular meetings in the upcoming year. The annual calendar shall also identify dates for anticipated special meeting workshops. [36805]. When scheduling meeting dates, care should be taken to avoid conflicts with national holidays or dates that would preclude participation by members of the public due to religious or other observances.

8.2 Quorum
The presence of three Council Members shall constitute a quorum of the City Council necessary to transact business at a meeting. In the event a quorum is not in attendance, those attending the meeting will be named in the minutes, and they shall adjourn the meeting to a set date, time, and location. If all Council Members are absent, the City Clerk shall adjourn the meeting to a set date, time, and location. [36810, 36811].

8.3 Absences

8.3.1 Absence and Compelling Attendance
Council Members who are unable to attend a City Council meeting must request that the Mayor recognize the absence as excused. The purpose of an excused absence is not to relieve Council Members of their responsibility to be present, but is intended to provide the Mayor with an opportunity to ensure an absence is reasonable and to impress upon the Council Member, where necessary, the importance of regular attendance. The minutes shall note whether a Council Member’s absence is excused. If a Council Member is repeatedly absent, the City ATTACHMENT 2
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Council may adjourn from day-to-day to compel the absent Council Member’s attendance under the penalties prescribed by State law. [36513, 36810, 36813].

8.3.2 Absentee Participation
If a Council Member wants to participate remotely in a meeting, the appropriate way to participate is through a teleconferenced or hybrid meeting as provided for in sectionSection 8.4.6 Teleconferenced and Hybrid Meetings. Absent Council Members are discouraged from communicating their opinions on agenda items to staff or other Council Members to present at the Council Meeting on behalf of the absent Council Member.

8.4 Types of Meetings

8.4.1 Regular Meetings
The City Council shall meet in the City Council Chambers in the Civic Center Meeting Hall for all regular City Council meetings. The regular meetings shall begin at 7:00 p.m. on the second and fourth Monday of each month, unless otherwise specified by posted notice. If the meeting date falls on a legal holiday, the City Council shall meet at a date and time designated by the City Council. Regular meetings with closed session items may begin between 5:00 p.m. and 7:00 p.m. depending upon the number and complexity of the matters to be discussed. [36805, 54954; LMC 2.06.030].

8.4.2 Special Meetings
Special meetings may be called by the Mayor, the City Manager, the City Attorney, or by a majority of Council Members consistent with applicable laws. The call and notice for a special meeting must specify the items to be considered and the date, time, and location for the meeting. [36807, 54956(a)].

The City Council may take final action at a special meeting that is not a workshop.

8.4.3 Special Meeting Workshops
The City Council may meet in special meetings designated as workshops that are called by the Mayor, the City Manager, or by a majority of Council Members consistent with applicable law. Workshops are special meetings intended for training purposes such as ethics training, sexual harassment prevention and education, and specific technical subjects such as land use. Special meeting workshops are also intended for the City Council to work with staff to develop administrative items such as the budget and City Council goals and priorities, for the City Council to receive public input on matters of community wide concern, and for similar activities.

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Workshops are open to the public and are meetings for purposes of the Brown Act.

The City Council may provide direction, but unlike other special meetings the City Council may not take a final action at a workshop. [54956].

8.4.4 Closed Session Meetings
Closed sessions may only be held as authorized by state law and shall be held in accordance with the provisions of the Brown Act. The closed sessions may precede or follow a regular meeting or be called as a special meeting. In addition to the provisions in Section 8.4.2 Special Meetings, the City Attorney or City Manager may call and notice closed session meetings as special meetings. [54954.5, 54956.5, 54956.7-54957.1, 54962].

After meeting in closed session, the City Council shall reconvene in open session and make a public report, either orally or in writing, of any reportable action taken in the closed session and the related vote tabulation. [54957.1, 54957.7].

Closed session matters should be managed within the expected time limits for all items. Lengthy closed session matters should be scheduled at the end of a Council Meeting or as a separate special meeting. If a closed session is scheduled before the start of a regular Council meeting, it should conclude no later than 10 minutes before the start time for the regular Council meeting. When necessary, theif a closed session precedes a regular meeting but is not concluded, then it canmay be reconvened at the conclusion of continued to the end of the agenda for thethat regular Council meeting, but that should be avoided when possible.

8.4.5 Concurrent and Joint Meetings
Since the Council Members are also the members of the Livermore Successor Agency, the The City Council may concurrently convene the meetings offor the City Council and the Livermore Successor Agency as well as any other legislative body that includes allcomprised of the Council Members. [54952.3].

Joint meetings of the City Council and any other legislative body or bodies shall be noticed as a meeting for each body.

8.4.6 Teleconferenced and Hybrid Meetings
The City Council may meet from different locations connected by electronic means consistent with the provisions of the Brown Act effective at the time of the scheduled meeting. When scheduling a teleconference or hybrid meeting, the City Clerk should consult with the City Attorney to identify the applicable notice, conduct, and participation requirements for the meeting, including any alternative means for “just cause” and “emergency circumstances,” as well as emergency situations when the California Governor proclaims an emergency for either the Livermore area or statewide. The preferred procedures for teleconferenced and hybrid meetings are set forth in Appendix A. The City Council may adopt, by resolution, specific procedures for teleconferenced and hybrid meetings consistent ATTACHMENT 2
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with state law. Those procedures should encourage staff and the City Council to monitor connectivity and to rapidly address the technical issues for orderly management of the meeting consistent with the applicable statutory requirements. [54953].

8.4.7 Adjourned Meetings, and Adjourned Regular Meetings Any meeting of the City Council may be adjourned to a later date, time, and location, and the notice of adjournment shall be posted within 24 hours on or near the door of the place where the adjourned meeting was held. However, if the adjourned meeting is to reconvene less than 24 hours after adjournment, then a copy of the order or notice of the continuance shall be posted immediately following the meeting. [36809, 54955].

The Mayor, presiding officer, City Manager, or majority of Council Members may call for an adjourned regular meeting in consultation with the City Attorney to conduct a regular meeting on a date other than on a regular meeting date on the City Council’s annual calendar. [54955]

8.4.8 Emergency Meetings
IfAs provided in the California Government Code, if at least three Council Members determine that a catastrophic event has caused an emergency situation to exist as defined by law, then the City Council may immediately hold an emergency meeting without complying with the usual notice requirements for regular and special meetings. [54956 and 54956.5]. This rule in no way limits the powers and responsibilities set forth in Livermore Municipal Code Chapter 2.56 Emergency Organization for the Livermore emergency services council and for the director of emergency services.

8.4.9 City Council Committees
The City Council, may create standing and ad hoc City Council subcommittees, which creation shall occur at a duly noticed Council Meeting.

Care should be taken to not overburden staff, and therefore, City Council subcommittees should only be created in consultation with the City Manager and the City Attorney. City Council subcommittees should be created judiciously. Staff support shall only be provided to those City Council committees duly created as set forth in these rules.

Ad hoc City Council subcommittees are intended to be useful and efficient vehicles for less than a quorum of Council Members, with appropriate support staff, to explore and develop items for placement on a duly noticed City Council meeting agenda for the City Council to discuss and then provide direction or take action.

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schedule established by the City Council, shall comply with the Brown Act and follow these rules of procedure. [54952(b)].

Ad hoc City Council subcommittee’s comprised solely of less than a quorum of the City Council and that are limited to both a defined task and a duration that is less than one year, are not subject to the Brown Act and are not required to follow these rules of procedure. [54952(b); Frazer v. Dixon Unified School District, (1993) 18 Cal.App.4th 781].

Any City Council subcommittees comprised of less than a quorum of the City Council and have other persons as members, shall comply with the Brown Act and follow these rules of procedure. [54952(b); Joiner v. City of Sebastopol, (1981) 125 Cal.App.3d 799].

The City Manager shall keep a record of all standing and ad hoc City Council subcommittees that reflects the committee’s creation date, composition, task, duration, and sunset date. The City Manager shall advise the City Council at a duly noticed Council Meeting of any ad hoc subcommittee that has not sunset within one year of its creation so that the City Council can consider whether to terminate the ad hoc subcommittee or reconstitute it as a standing committee.

8.5 Notice and Agenda Posting
The City Clerk shall post the notices and agendas for each City Council meeting in the kiosk in front of City the Civic Center Meeting Hall, on the City’s website, the Civic Center Library and at all other locations within the City the location where the meeting will be held. Any requirement to post notices and agendas at a remote teleconferenced or hybrid meeting location outside the City’s jurisdiction shall be the responsibility of the Council Member attending the meeting from that location. [54954.2].

8.5.1 Regular Meetings
It is the City Council’s goal that the agendas for regular meetings should be posted at least 6 days before the meeting dates, but in no event shall the agenda for a regular meeting be posted less than 72 hours before the meeting date. [54954.2].

8.5.2 Special Meetings and Workshops
Notice of the call for a special meeting must be delivered and received by each Council Member and the media at least 24 hours before the special meeting, and must be posted at least 24 hours before the special meeting date. To the extent possible, it is the City Council’s goal that the notice and agendas for special meeting workshops should be posted at least 6 days before the meeting dates, and in no event shall the notice and agenda for a workshop be posted less than 24 hours before the meeting date. [54956].

8.6 Actions Limited to Posted Agendas
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The City Council shall not discuss or take action on any item of business not appearing on the posted notice or agenda for a duly noticed Council meeting. However, as permitted by the Brown Act, Council Members and staff may briefly respond to statements made or questions posed by the City Council or by members of the public addressing the City Council. City Council members should refrain from rejoinders to perceived derogatory or repugnant public comments during council meetings. Council Members may ask a question of City staff or a speaker for clarification, make a brief announcement, or make a brief report on their own activities.

Similar to section 8.4.8 Emergency Meetings, Uponupon determination by three Council Members that an emergency situation exists as required by law, or upon a determination by four Council Members (or all members present if less than four are in attendance) that there is a need for immediate action that came to the City’s attention after the meeting agenda was posted, the agenda may be amended as provided by law to add an item for consideration and action. [54954.2, 54956, 54956.5].

8.7 Continuance of Agenda Items
Items listed on a posted agenda should not be continued or postponed absent good cause.

8.7.1 Discovery of Good Cause Before an Item is Considered If good cause to continue an item is discovered by City staff after a notice or agenda is posted but before the meeting commences, then after calling the meeting to order the presiding officer shall identify the item and announce that is it has been continued.

8.7.2 Good Cause to Continue During Consideration
Once an item has been taken up for consideration, City staff, a Council Member, or a participating party as defined in Section 10.5.3 10.6.3 Participating Parties may request a continuance of the item. The item may only be continued following a majority vote of the Council Members present.

8.7.3 Public Comment for a Continued Item
If the opportunity for the public to address the City Council has concluded, or the public hearing portion of an item was formally closed, and the item was returned to the City Council for deliberation before it was continued, then the opportunity for public comment on the item will not be reopened absent a motion by the City Council. [54955].

8.8 Consideration of items after 11:00 p.m.

8.8.1 Canvass and Reorder
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At 10:30 p.m., or as soon thereafter as practical, the presiding officer shall canvass staff and Council Members present to identify the remaining agenda items for consideration. The presiding officer will then identify what items will be considered or continued, and in what order. Once the presiding officer outlines the balance of the agenda, it may not be amended absent an appeal by a Council Member.

If the City Manager, Mayor, presiding officer, or a City Council Member believes the duly noticed agenda for a Council meeting is not likely to be completed in one day, then the City Clerk shall poll the Mayor and Council Members in advance of the meeting to determine their availability to reconvene later that same week. To accommodate members of the public so they do not have to rearrange their schedules, to the extent possible, the public comment period for an item that was started should be completed before the continuance of an item.

8.8.2. No New Items Considered after 11:00 p.m.

The City Council shall not begin consideration of any items on an agenda after 11:00 p.m., but may complete their consideration of an item that was commenced prior to 11:00 p.m.

8.8.3 Exceptions
The City Council may commence consideration of an item after 11:00 under the following circumstances:
a. An item is subject to a legal deadline, such as a project application subject to the Permit Streamlining Act; or,
b. The City Council votes to allow consideration of the item after 11:00 p.m.

8.9 Breaks.

The presiding officer shall provide for a 10-minute min break after approximately every two hours of meeting time. The break should be called at a convenient point in the proceedings closest to the two-hour mark. Council Members may request breaks at other times as needed. Council Members and staff are expected to return promptly at the designated time to resume the meeting.

8.10 Points of Order, Privilege, and Personal Privilege A Council Member may ask for a point of order, at which time the presiding officer will ask for an explanation. Appropriate points of order relate to matters that a Council Member considers inappropriate conduct for the meeting, such as the failure to observe these Rules of Procedure, the City Council’s Norms and Values and Norms, or the rules of parliamentary procedure.

A Council Member may seek a point of privilege. If so, the presiding officer shall ask for an explanation of the Council Member’s point. Points of privilege generally relate to ATTACHMENT 2
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matters that interfere with a normal flow or comfort of the City Council’s meeting, such as the inability to hear testimony because of disruption.

A Council Member may ask for a point of personal privilege when the integrity, character, or motives of the Council Member are called into question by a speaker,; or where the welfare of the City Council is concerned.

If a speaker is interrupted by a point of order, privilege, or personal privilege, the remainder of a speaker’s time will be preserved by the City Clerk until the point is resolved.

8.11 Minutes

8.11.1. All Proceedings Recorded
An account of all open meetings of the City Council shall be recorded, and action minutes prepared, by the City Clerk. [36814, 40801]. After the City Council approves the meeting minutes, the City Clerk shall enter them into official minute books of the City Council. The City Attorney may prepare attorney work product notes for closed session meetings attended. [36814].

8.11.2 Approval
The minutes for a City Council meeting shall be reviewed and approved as set forth in this section.
a. The City Council shall approve minutes for a regular meeting, special meeting, and special meeting workshops, except that City Council approval is not required for the City Attorney’s closed session attorney work -product notes. b. A Council Member may not approve the minutes for any City Council meeting that the Council Member did not attend, unless the Council Member observed the meeting or reviewed a video or audio recording prepared for that meeting.

Also, a Council Member may not approve the minutes for a meeting that they were not eligible to attend as a Council Member. The minutes may be approved by a majority of the remaining eligible Council Members, or by a lone eligible council member.
c. If no Council Members are eligible to approve the minutes for a City Council meeting, then the City Clerk shall attest to the accuracy of the meeting minutes and enter them into official minute books of the City Council.

8.11.3 Preferred Method of Recordation and Minutes
City Council meetings may be recorded by electronic means. The preferred methods for recording City Council meetings are set forth in Appendix B.

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The City Council may adopt a resolution to specify the preferred method of recording for its meetings. [54953].

8.12 Staff Attendance

8.12.1 City Manager
The City Manager shall attend all City Council meetings unless excused by the Mayor, and the City Manager’s designee attends. [LMC 2.08.060.F]. The City Manager may make recommendations and shall have the right to take part in all discussions of the City Council, but shall have no vote.

8.12.2 City Attorney
The City Attorney shall attend all City Council meetings unless excused by the Mayor, and an Assistant City Attorney attends. Upon the City Council’s request, the City Attorney shall provide opinions and recommendations, either written or oral, on questions of law and procedure.

8.12.3 City Clerk
The City Clerk shall attend all City Council meetings unless excused by the City Manager, and in his or hertheir absence, the City Clerk’s designee shall attend.

The City Clerk shall record, prepare, and maintain the official record of the City Council’s proceedings and perform other related duties as may be prescribed by the City Council and the City Manager. [36814, 40801].

8.12.4 Department Heads/Employees
Department Heads and employees shall attend City Council meetings as directed by the City Manager. The City Manager and City Attorney are encouraged to minimize the number of employees and consultants attending the meetings inperson and maximize the opportunities for employees and consultants to participate remotely.

8.12.5 Sergeant-at-Arms
A Sergeant-at-Arms, who shall typically be a sworn member of the City’s Police Department, shall attend City Council meetings as directed by the City Manager. [38638].

8.13 Meetings That Are Not Subject to the Brown Act
As provided by the Brown Act, a quorum of the City Council may attend conferences and similar gatherings, open community meetings organized by a person or organization other than the City Council, open and noticed meetings of another legislative body other than a City advisory body, and social and ceremonial gatherings without complying with the notice and agenda requirements in these rules of procedure, provided that the Council ATTACHMENT 2
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Members do not discuss among themselves business of a specific nature that is within the City’s subject matter jurisdiction. [54952.2(c)(3)-(5)].

Meetings of an ad hoc City Council subcommittee are not subject to these rules of procedure unless the City Council expressly states that the subcommittee shall follow these rules. [54952].

Briefings of less than a quorum of the City Council are not subject to these rules of procedure provided the briefings comply with the Brown Act. [54952.2; Wolfe v. City of Fremont, (2006) 114 Cal.App.4th 533].

9. Agenda Development
The City Manager is responsible for preparing the City Council’s meeting agenda to present items requiring direction or action by the City Council. Items may also be placed on an agenda for City Council consideration in the following ways: by direction of a duly created City Council subcommittee with the City Manager’s concurrence; by direction of the City Attorney in consultation with the City Manager; by direction of a majority of Council Members during the matters initiated portion of the agenda to place an item on a future agenda; and under any processes set forth by statute or ordinance that requires City Council action, including City Council consideration of land use matters, appeals, and other matters as set forth in the Livermore Municipal Code and the Livermore Development Code.

The agenda shall contain a brief general description of each item of business to be transacted or discussed, including any items to be discussed in closed session. [54954.2, 54954.5].

10. Order of Business – Regular Meetings
The usual order of business for regular meetings shall be as follows:

10.1 Call to Order
This portion of the agenda is for roll call, the pledge of allegiance, and the reporting out from any closed session items that may have occurred prior to the meeting.

10.2 Proclamations and Presentations
This portion of the agenda is for City proclamations to recognize significant community events, people, or days. The presiding officer shall read and present, or designate a Council Member to read and present, the proclamations. The City Manager, or his or hertheir designee, may develop a policy regarding proclamations as a guide. It is also for City advisory bodies to make brief presentations to the City Council on their activities. As authorized by the presiding officer or the City Manager, this portion of the agenda may be also be used to accommodate requests from is also for other local, regional, or state legislative bodies and elected officials wishing to make brief presentations to the City Council concerning activities of interest to the City.

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These are ceremonial matters and not action items by the City Council. While the preference is for proclamations to be included in the posted agenda, the desire to recognize a significant community event, person, or day may arise or be discovered after an agenda is posted. In that case, the presiding officer may make additional proclamations at a City Council meeting so long as they do not unduly interfere with the City Council’s business.

The public does not have the right to address the City Council during this portion of the agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa Barbara Bd. of Supervisors, (2005) 129 Cal.App.4th 205].

10.3 Confirmation of Advisory Body Appointments
This portion of the agenda is for City Council confirmation of appointments to advisory bodies and to administer the oath of office to advisory body members. The public has the right to address the City Council during this portion of the agenda.

10.4 Open Forum
This portion of the agenda is for any member of the public to address the City Council on any item of interest to the public that is within the City Council’s subject matter jurisdiction.

However, to prepare and preserve a proper administrative record, public comments concerning an item listed elsewhere on the agenda should be reserved and addressed to the City Council when that item is called for consideration.

Open forum shall be limited to 30 minutes, usually before the consent calendar. If there are additional members of the public who wish to speak at the conclusion of the 30-minute time period, then the presiding officer shall reconvene the open forum at the conclusion of the matters for consideration portion of the agenda unless the presiding officer announces that open forum is reordered to a different place on the agenda.

The procedures for public comments during open forum are set forth in Section 12 Speakers’ Speaker’s Rights.

10.5 Consent Calendar
The consent calendar portion of the agenda is for routine items that are not expected to require City Council discussion. Examples of items for the consent calendar include the approval of minutes, resolutions confirming actions from a previous meeting, the introduction and adoption of ordinances, and the processing of administrative items such as the approval of contracts and delegation of authority to execute them on behalf of the City, the acceptance of public improvements, and other routine items requiring City Council approval by ordinance, resolution, or law. Any Council Member may pull an item for separate discussion. Members of the public may address the City Council on consent calendar items by following the procedures set forth in Section 12 Speakers’ Speaker’s Rights.

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The items on the consent calendar are generally approved by the City Council by a single motion, but separate motions may be appropriate to accommodate a conflict of interest, an absence, or other Council Member interests.

10.6 Public Hearings
The public hearing portion of the agenda is reserved for items that require, by statute, ordinance, or practice, a noticed public hearing for action. The notices for public hearing items shall be noticed posted in a newspaper of general circulation and mailed as required by law. [6060].

The procedures for public hearings are as follows:

10.6.1 Introduction
The presiding officer shall call each item for hearing and consideration. If there are related public hearing items, the presiding officer has the discretion to concurrently call the related items for hearing and consideration.

10.6.2 Staff Presentation
A member of City staff will then:
a. Introduce themselves and the item by identifying the report and other written material included in the agenda packet for the City Council’s consideration, as well as any written comments received from the public. b. Identify any supplemental written materials that have been provided to the City Council for consideration, which were received or prepared for the item after the meeting agenda was published.
c. Identify any other staff members or consultants that will be part of the staff presentation or are otherwise present and available for City Council questions.
d. State whether the applicant is present and whether the applicant intends to make a presentation to the City Council.
e. Make an oral report, unless waived by the City Council. f. Advise the City Council whether the decision on the item of business is legislative, quasi-judicial, or administrative.
g. Identify any elements or findings required to approve the item of business, and the facts or information supporting those elements or findings.

10.6.3 Participating Parties
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Following the staff presentation, the applicant, appellant, and other named participant in the item that is party to an agenda item (collectively “participating parties”) may address the City Council. Participating parties shall address the City Council following the procedures set forth in Section 12 Speakers’ Speaker’s Rights.

After the presiding officer determines that no other participating parties wish to address the City Council on the hearing item, the presiding officer will open the public hearing.

10.6.4 Opening and Closing the Public Hearing
The purpose of the public hearing is to provide members of the public with an opportunity to address the City Council concerning the hearing item, as well as to express their support or opposition of the item. The presiding officer will formally announce the opening of the public hearing and invite members of the public to address the City Council on the hearing item. Public speakers shall address the City Council following the procedures set forth in Section 12 Speakers’ Speaker’s Rights.

After the presiding officer determines that no other member of the public wishes to address the City Council on the hearing item, the presiding officer will formally close the public hearing and return the item to the City Council for City Council questions and comments.

10.6.5 City Council Questions or Comments
Following the staff presentation, and receiving comments by the participating parties, and from the public comments during the public hearing, if any, the City Council may ask questions of City staff, consultants, and participating parties, or make comments on the item.

10.6.6 City Council Deliberation
Following City Council questions and comments, the presiding officer will invite the Council Members to discuss the item to develop concurrence for a motion. Council Members may continue to ask questions of staff, consultants, and the participating parties as part of their deliberations. The procedures for City Council deliberation are set forth in Section 13 City Council Deliberation.

10.6.7. City Council Action
After City Council deliberation, the presiding officer shall call for a motion and a second as set forth in Section 14 Motions, and the City Council may make such motions as set forth in that section.

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not required, to invite public comments on the motion. EachIf the invitation is extended, then speakers will be limited to either one minute to comment on the motion or such other time specified by the presiding officer.; and the The City Council has discretion to decidedebate the decision by the presiding officer whether or not to hear further comment if they choose. If invited, public speakers shall address the City Council following the procedures set forth in Section 12 Speakers’ Speaker’s Rights.

10.7 Matters for Consideration
This portion of the agenda is for items of business that require City Council action or direction, the receipt of reports, or that would benefit from City Council discussion that do not also require a public hearing. Generally, the procedures for this portion of the agenda follow the same procedures found in Section 10.56 Public Hearings, except that the public hearing is replaced by the opportunity for the public to comment after the staff presentation.

Prior to deliberating on matters for consideration, the City Council shall receive public comment as provided for in Section 12 Speakers’ Speaker’s Rights. After receiving public comment, the City Council shall deliberate as set forth in Section 13 City Council Deliberation and shall receive the report, take action, or provide direction as set forth in Section 14 Motions.

10.8 City Council Reports and Matters Initiated by Staff and City Council This portion of the agenda is for:

1. Each member of the City Council to provide brief reports on any intergovernmental agency meetings, conferences, community meetings, meetings of other legislative bodies, or other events of interest to the community. For efficiency and completeness, each Council Member should use the activity reporting spreadsheet and submit their reports to the City Clerk by the deadline set by the City Clerk noon on the day of the Council meeting so the report can be included in the supplemental materials distributed in advance of the meeting. Council members are encouraged to highlight in their oral presentations only those events of most interest to the community. Items listed in the written City Council Reports are not included in the meeting minutes, even if highlighted during the Council Member’s oral comments.

These items are considered part of the official record via the supplemental packet.

If a Council Member shares information during the meeting that is not included in their written report, that information will be captured in the meeting minutes. To the extent practical, Council members should report on significant decisions being considered by the regional boards, commissions, and committees to which they have been appointed for the City. For those events that the Council Member attended at the City’s expense, it is the City Council’s preference to satisfy the expense reporting requirement by submitting a written report of the activities attended. [53232.2(d)];
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2. The City Manager, City Attorney, and City staff to provide information of community interest to the City Council and to seek direction from the City Council concerning items to be included on future agendas;

3. The City Council to provide guidance and direction to staff concerning items to be included on future agendas and information to be provided in response to questions raised during open forum;

4. The City Council to request a matters initiated for staff to provide information, perform studies, or undertake other administrative functions or to develop information for Council action at a future meeting. Before requesting a matters initiated, the initiating Council Member is expected to confirm with the City Manager that there is adequate staff resource capacity to address the request, and the City Attorney to the extent the matter involves legal review. If the requested action is routine in nature, the City Manager will direct staff to proceed. However, if the request cannot be accomplished within the approved budget or City Council priorities, or will involve substantial staff resources, the City Manager will report to the City Council at a subsequent City Council meeting and request further direction. At that time, the consensus of a majority of the City Council will be required to proceed.

Members of the public do not have the right to address the City Council during this portion of the agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa Barbara Bd. of Supervisors, (2005) 129 Cal.App.4th 205].

10.9 Adjournment
This portion of the agenda is for the presiding officer to adjourn the City Council meeting at the conclusion of business and announce its next meeting. The meeting may be adjourned to a regular meeting, special meeting, special meeting workshop, adjourned regular meeting, or adjourned special meeting. The presiding officer may adjourn the meeting in honor of a distinguished Livermore resident or other person of community interest that has passed away.

Members of the public do not have the right to address the City Council during this portion of the agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa Barbara Bd. of Supervisors, (2005) 129 Cal.App.4th 205].

The presiding officer may simply adjourn the meeting after the conclusion of the business items, however, Aadjournment at any other point in the meeting other than after the conclusion of the business items on an agenda will require a formal motion by the City Council.

11. Order of Business – Special Meetings and Workshops
No matters except those specified in the notice and agenda for a special meeting or special meeting workshop may be discussed at those meetings.

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The usual order of business for special meetings and workshops shall be as follows:

11.1. Call to Order
This portion of the agenda is the same as it is for a regular meeting.

11.2. Public Comment
The purpose of this portion of the agenda is to provide the public with the opportunity to address the City Council on only those items listed in the posted notice and agenda for the special meeting or workshop. Public comment shall be received immediately following the call to order for a workshop, and should be received immediately after the staff presentation, if any, for a special meeting.

Public speakers shall address the City Council following the procedures set forth in Section 12 Speaker’s Rights.

However, unlike a regular meeting, the agendas for a special meetings and workshops will not include an open forum for the public to address the City Council on any item of interest to the public that is within the City Council’s subject matter jurisdiction, unless that opportunity is expressly included in the agenda.

11.3 Special Meeting Item and Workshop Item
Generally, the procedures for this portion of the agenda follow the procedures in Section

10.6.1 Introduction, 10.6.2 Staff Presentation, 10.6.5 City Council Questions and Comments, and 10.6.6 City Council Deliberations. The City Council may take a final action at a special meeting, but not at a workshop, as set forth in Section 8.4.2 Special Meetings and Section 8.4.3 Special Meeting Workshops

11.4 Adjournment
This portion of the agenda is the same as it is for a regular meeting.

12. Speaker’s Rights
A City Council meeting is a limited public forum. [78 Ops.Cal.Atty.Gen. 224 (1995); Kindt v. Santa Monica Rent Control Bd. (9th Cir. 1995) 67 F.3d 266; White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; Leventhal v. Vista Unified School District (SD Cal. 1997) 973 F.Supp. 951]. Members of the public have the right to address the City Council and to attend its meetings, except for closed sessions and other meetings that permit the public to be excluded as a matter of law. During the open forum portion of a regular meeting agenda, members of the public have a right to address the City Council on any item of interest to the public that is within the City Council’s subject matter jurisdiction.

Members of the public also have the right to address the City Council before the City Council considers or takes action on an item on any regular meeting agenda, except for items properly listed or considered in the Call to Order, Proclamations and Presentations, City Council Reports and Matters Initiated by Staff and City Council, and the Adjournment ATTACHMENT 2
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portions of the agenda. Members of the public shall be provided an opportunity to address the City Council concerning any item that is described in the notice for special meeting workshops and special meetings. [54954.3].

The procedures for addressing public comments to the City Council are as follows:

12.1 Addressing the City Council
Members of the public who want to address the City Council during open forum or before the City Council considers or takes action on an item must indicate their desire by personally submitting a request to speak to the City Clerk, or his or hertheir designee, using the methods specified by the City Clerk in the agenda for that meeting. A member of the public may not submit a request to speak on behalf of any other person. The methods for addressing the City Council will be described at each meeting. The City Clerk will prominently display the methods to address the City Council in the hallway outside the City Council Chambers or other location where the City Council gathers in person for a meeting.

The presiding officer shall open public comment during open forum and for agenda items by asking the City Clerk whether there are any members of the public who wish to address the City Council. If there are, the presiding officer will then ask the City Clerk to manage the process for calling on speakers physically present and participating remotely as described in Section 12.3.1. Once there are no more persons physically present who have expressed an interest in addressing the City Council, the City Clerk will then call upon the speakers participating remotely. Speakers may request the opportunity to address the City Council until the City Clerk announces that there are no more speakers who have expressed their interest to address the City Council. At that time, the presiding officer will close the public comment period. Once the presiding officer closes the public comment period, no more additional requests to address the City Council during open forum or for the agenda item will be accepted absent invitation by the presiding officer.

The purpose of submitting a request to speak is to help the presiding officer conduct the City Council’s meetings and to complete its business in an orderly fashion. The intent is not to limit testimony. Therefore, a member of the public will not be denied an opportunity to speak if a request to speak does not provide all of the information requested from a speaker or because a speaker wants to remain anonymous. Speakers who have not submitted a request to speak on time may be heard by the presiding officer’s recognition or by another Council Member’s successful appeal. [White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421].

12.2 Speaker Time Limit
The amount of time allotted to each member of the public wishing to address the City Council shall be limited to a maximum of three minutes. For the consent calendar, a speaker’s time is limited to a single comment with a maximum of three minutes for all consent calendar items, except for items that are pulled by a Council Member for separate discussion, in which case the speaker’s time shall be limited to a maximum of three ATTACHMENT 2
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minutes on the item pulled for discussion and a separate opportunity to speak of up to a maximum of three minutes for the balance of the consent calendar. Individual members of the public may not yield their allotted time, or any remaining portion thereof, to anyone else. The presiding officer may reduce the amount of time allotted to each speaker based upon the number of persons wishing to speak, the complexity of the item if one is being considered, the anticipated time reasonably needed to complete the remaining items on the meeting agenda, and other reasonable factors. [54954.3(b); Kindt v. Santa Monica Rent Control Bd. (9th Cir. 1995) 67 F.3d 266; Chaffee v. San Francisco Public Library Commission, (2005) 134 Cal.App.4th 109; 75 Ops.Cal.Atty.Gen. 89 (1992)]. A speaker using an interpreter, and speakers needing accommodation for a disability, shall be allowed twice the allotted time. [54954.3].

Prior to calling for public comment during the open forum, as well as before the City Council considers or takes action on an item, the presiding officer shall set and announce the time limit for each member of the public to speak before inviting members of the public to address the City Council. For the purposes of these rules, lectern means the physical podium in the meeting room provided for the public to address the City Council, but also includes the electronic location utilized by the City Clerk to accept electronic comments during afor a teleconferenced or hybrid City Council Meeting.

Open forum will conclude after 30 minutes, but if there are remaining speakers at the conclusion of the 30 -minute time -period who wish to address the City Council, then the open forum shall be reconvened after the Matters for Consideration portion of the agenda as set forth in Section 10.4 Open Forum.

12.3 Members of the Public Addressing the City Council

12.3.1 A list of people who have requested to speak shall be used to call each speaker to the lectern to address the City Council. The City Clerk will manage the process for calling speakers to the lectern or to unmute themselves if they are participating remotely. The speakers physically present in the meeting will be called upon before those participating remotely. When calling a speaker to the lectern the next two speakers will also be identified so they are prepared to address the City Council when called to the lectern.

For teleconferenced and hybrid meetings, the The City Clerk will manage the process for calling speakers who are physically present to the lectern or to unmute speakers participating remotely. The speakers physically present inat the meeting will be called upon before those participating remotely. When there are no more people physically present who have expressed an interest in addressing the City Council, the City Clerk will then call upon the speakers participating remotely.

12.3.2 The presiding officer may request each speaker to state their name and city of residence before addressing the City Council. A speaker is not required to provide his or hertheir name or address in order to address ATTACHMENT 2
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the City Council. However, to the extent such information is relevant to the issues being considered by the City Council during a public hearing, the absence of such information may bear on the speaker’s credibility and the weight the City Council affords the speaker’s comments.

12.3.3 Speakers shall address their comments only to the City Council as a body and not to a particular member.

12.3.4 Members of the public may only address the City Council from the lectern.

No member of the public, other than the speaker at the lectern, may address the City Council, unless called upon by the presiding officer.

12.3.5 No question shall be asked of Council Members by a speaker, except through the presiding officer. No question shall be asked of a speaker by a Council Member, except through the presiding officer. Council Members, the presiding officer, and the speaker are not obligated to answer any questions asked. The presiding officer may refer questions to staff for a brief answer while the speaker is at the lectern.

12.3.6 Speakers shall not use their time to unduly disrupt the orderly conduct of the City Council’s meeting.

12.3.7 Speakers are encouraged to avoid repetition.

12.3.8 Speakers are encouraged to avoid making personal attacks.

12.3.9 Each speaker shall relinquish the lectern when his or hertheir time to address the City Council has expired.

12.3.10 A speaker may use his or hertheir allotted time to read letters or other documents, play electronic recordings at a non-amplified volume, or otherwise present information to the City Council in a non-disruptive manner, provided those activities are completed within the allotted time.

The City will not provide the means for a speaker to play an electronic recording.

12.3.11 When called upon during open forum, speakers may address the City Council on any item of interest to the public within the City Council’s subject matter jurisdiction. [54954.3(a)].

12.3.12 When called upon to provide public comment on a specific item of business on the agenda, speakers shall focus their comments on that specific item of business before the City Council. [54954.3(a); White v.

City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; 78 Ops.Cal.Atty.Gen 224 (1995)].

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12.3.13 Members of the public addressing the City Council are limited to one oral public comment per speaker per item regardless of format or time submitted.

12.4 Participating Parties Addressing the City Council
Participating parties shall comply with the procedures set forth in Section 12 Speaker’s Rights when addressing the City Council, except that the participating parties shall each have up to a maximum of 10 minutes to address the City Council. The presiding officer may set and announce the time limit for each active participant to address the City Council based upon the same criteria set forth in Section 12.2 Speaker Time Limit.

When the City Council is acting in its quasi-judicial capacity, the presiding officer may further modify the rules of procedure in this section, or adopt such additional rules of procedure and speaker times as may be reasonably necessary, to afford the active participants with procedural due process commensurate with the rights at issue.

12.5 Public Criticism
Public criticism of the City’s policies, procedures, programs, or services, or of the acts or omissions of the City Council, shall not be prohibited. However, the rights of each speaker to express his or hertheir views areis not absolute and nothing in these rules of procedure are intended to confer any privilege or protection for expression beyond that otherwise provided by law. [54954.3].

12.6 Disruptive Speech and Conduct
Any person unduly disrupting a City Council meeting may be requested by the presiding officer to leave the meeting. The presiding officer shall discourage demonstrations before the City Council, such as applauding or booing. Upon instructions by the presiding officer, a Sergeant-at-Arms may be called for the purpose of removing any person who, in the presiding officer’s judgment, has disrupted the meeting. [36813, 38638, 54954.3, 54957.9, Penal Code 403]. Prior to removing a person for disrupting a meeting, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. However, a warning is not required before removing a disruptive individual whose behavior constitutes use of force or a true threat of force consisting of a threat that has sufficient indicia of intent and seriousness that a reasonable observer would perceive it to be an actual threat to use force. [54957.95]. When possible, the presiding officer is encouraged to use alternative means, such as direction to speakers to avoid disruption or by taking a recess to review these rules with the speaker, to avoid disruptions to allow the City Council to complete its business.

12.7 Written Communications – Post Hearing Notice, and/or Post Agenda Publication The City Council encourages the submission of written comments by the public prior to a meeting since that affords the City Council and staff the time to duly consider the ATTACHMENT 2
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comments, and for the City Clerk to incorporate the comments into the City’s agenda publications.

12.7.1 Submitted after the hearing notice is sent or published, but before the Agenda Publication.

Any member of the public may submit written public comments and materials to the City Council through the City Clerk’s Office. All written public comments and materials must be submitted between the date when the public hearing notices are published (10 days prior to the meeting or as otherwise required by statute) and 5:00 p.m. 12noon on the day before agenda publication (7 days prior to the meeting). The City Clerk shall deliver all written public comments and materials received by 12:00 p.m. noon5:00 p.m. the days before agenda publication as part of the agenda packet for the posted agenda.