Agenda packet — Livermore City Council, September 8, 2025 (part 1 of 4)

CITY COUNCIL
AGENDA
MONDAY, SEPTEMBER 8, 2025
REGULAR MEETING – 7:00 PM
LIBRARY SUMMER LEARNING AWARDS 6:00 PM
CLOSED SESSION 6:45 PM

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

CIVIC CENTER MEETING HALL

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

Comcast TV Channel 29
tv29live.org
John P Marchand, Mayor
Evan Branning, Vice Mayor
Ben Barrientos, Council Member
Steven Dunbar, Council Member
Kristie Wang, Council Member
Livermore City Council Agenda September 8, 2025
1 1. CLOSED SESSION - 6:45 PM
Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session

1.1 Conference with Legal Counsel - Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated. (one case)
Alameda County Taxpayers’ Association Inc, et al. v. Livermore, Alameda County Superior Court Case No. 23CV047436

1.2 Conference with Real Property Negotiator. To meet with Paul Spence, Assistant City Manager and Brent Smith, Community Development Director, the City’s negotiators pursuant to Government Code section 54956.8, regarding the sale and purchase of a portion of real property at Assessor’s Parcel No. 99-950-8-2. The City's negotiators may negotiate with Mat Fuzie, General Manager, on behalf of Livermore Area Recreation and Park District. The instructions will concern price and terms of payment.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation declaring September 2025 as Emergency Preparedness Month, presented to Herbert Cole, City of Livermore Emergency Manager
Recommendation:

Staff recommends City Council declare September 2025 as Emergency Preparedness Month.

Staff Report
Attachments:

1. Proclamation

3.2 Proclamation declaring September 2025 as Library Card Sign-up Month, presented to Nathan Brumley, Assistant Library Services Director
SUMMER LEARNING AWARDS - 6:00 PM

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

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION
Livermore City Council Agenda September 8, 2025
2 Recommendation:

Staff recommends City Council declare September 2025 as Library Card Sign-up Month.

Staff Report
Attachments:

1. Proclamation

3.3 Proclamation declaring September 15-21, 2025, as Pollution Prevention Week presented to Braden Christensen, Water Resource Source Control Inspector.

Recommendation:

Staff recommends City Council declare September 15-21, 2025, as Pollution Prevention Week in the City of Livermore.

Staff Report
Attachments:

1. Proclamation

4. ADVISORY BODY APPOINTMENTS - NONE

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

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

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

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

5.1 Public comment received prior to agenda publication.

Recommendation:

Staff recommends the City Council receive the public comment.

Staff Report
Attachments:

1. 2025-09-08 Open Forum Public Comment

6. CONSENT CALENDAR
Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must submit a speaker card found at the entrance of the Council Chambers. A speaker is limited to a single comment with a maximum of three minutes for the entire Consent Calendar. If Consent Calendar items are pulled for discussion by the City Council, a speaker will be allowed one comment per item on the items pulled for discussion and a separate comment for the remaining Consent Calendar.

Livermore City Council Agenda September 8, 2025
3 6.1 Acknowledgement of draft minutes - February 1, 2021 Special Meeting.

Recommendation:

Staff recommends the City Council acknowledge the draft minutes. There are no members of the City Council eligible to approve the minutes from February 1, 2021. Per City Council Rules of Procedure, the City Clerk will attest to the minutes.

Staff Report
Attachments:

1. 2021-02-01 Special Meeting Minutes

6.2 Approval of draft minutes - July 28, 2025 Special Closed Session Meeting, July 28, 2025 Special Workshop Meeting, July 28, 2025 Regular Meeting, August 4, 2025 Special Closed Session Meeting, and August 11, 2025 Special Closed Session Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report
Attachments:

1. DRAFT 2025-07-28 Special Closed Session

2. DRAFT 2025-07-28 Special Workshop

3. DRAFT 2025-07-28 Regular

4. DRAFT 2025-08-04 Special Closed Session

5. DRAFT 2025-08-11 Special Closed Session

6.3 Adoption of an ordinance amending Development Agreement (DA) 18-001 revising the terms and timing of the off-site improvements including a public trail and public sewer line. The Development Agreement vests a previously approved project for 186 two- and three-story townhomes on a vacant 35-acre site located at the terminus of Lassen Road northwest of the First Street/I-580 Interchange and north of I-580.

Recommendation:

Planning Commission and staff recommend the City Council adopt an ordinance amending Development Agreement (DA) 18-001.

Staff Report
Attachments:

1. Ordinance

2. Exhibit A - Planning Commission Project Resolution

3. Exhibit B - Draft - Development Agreement Amendment

6.4 Introduce an ordinance amending and revising the Building Code, Property Maintenance Code, Fire Code, Electrical Code, Mechanical Code, Plumbing Code, Residential Code, Swimming Pool and Spa Code, Wildland Urban Interface Code, and the Green Building Standards Codes in the City's Municipal Code, to adopt by reference and amend the 2025 California Building Standards Code and the codes set forth therein. No amendments are proposed to the California Residential Code or other codes currently governing residential Livermore City Council Agenda September 8, 2025
4 structures. All provisions related to residential construction remain substantially similar to current regulations, with only editorial revisions that do not affect regulatory requirements.

Recommendation:

Staff recommends the City Council introduce an ordinance, and waive the first reading, with an effective date of January 1, 2026:

1. Revising and amending Chapter 15.02 (Building Code), 15.04 (Property Maintenance Code), 15.06 (Fire Code), 15.08 (Electrical Code), 15.10 (Mechanical Code), 15.12 (Plumbing Code), 15.14 (Residential Code), 15.26 (Green Building Standards Code),

15.92 (Swimming Pool and Spa Code), and 15.94 (Wildland Urban Interface Code) in the Livermore Municipal Code.

2. Adopting new Chapters 15.02 (Building Code), 15.06 (Fire Code), 15.08 (Electrical Code), 15.10 (Mechanical Code), 15.14 (Residential Code), 15.26 (Green Building Standards Code), and 15.94 (Wildland Urban Interface Code) of the Livermore Municipal Code by adopting and amending the 2025 Editions of the California Building, Fire, Electrical, Mechanical, Plumbing, Residential, Wildland Urban Interface, and Green Building Standards Codes.

3. Adopting new Chapter 15.04 (Property Maintenance Code) and 15.92 (Swimming Pool and Spa Code), of the Livermore Municipal Code by adopting and amending the 2024 edition of the International Property Maintenance Code and the 2024 edition of the International Swimming Pool and Spa Code.

4. Find that all codes adopted herein related to residential structures are “substantially similar” to the one currently in place and the Residential Code will not be amended before June 2031 in compliance with AB 130 and AB 306.

Staff Report
Attachments:

1. Ordinance

2. Exhibit A - Chapter 15.02, Building Code

3. Exhibit B - Chapter 15.04, Property Maintenance Code

4. Exhibit C - Chapter 15.06, Fire Code

5. Exhibit D - Chapter 15.08, Electrical Code

6. Exhibit E - Chapter 15.10, Mechanical Code

7. Exhibit F - Chapter 15.12, Plumbing Code

8. Exhibit G - Chapter 15.14, Residential Code

9. Exhibit H - Chapter 15.26, Green Building Standards Code

10. Exhibit I - Chapter 15.92, Swimming pool and Spa Code

11. Exhibit J - Chapter 15.94, Wildland-Urban Interface Code

12. Exhibit K - Notable Amendments to Building Standards Code

6.5 Introduce an ordinance amending Title 3, Chapter 3.45 Social Opportunity Endowment Fund (SOE) sections 3.45.020 Purpose of the Fund and 3.45.040 Administration and Organization of Fund in the Livermore Municipal Code.

Recommendation:

Staff recommends the City Council introduce an ordinance, and waive the first reading, amending Title 3, Chapter 3.45 Social Opportunity Endowment Fund sections 3.45.020 Purpose of the Fund and 3.45.040 Administration and Organization of Fund in the Livermore Livermore City Council Agenda September 8, 2025
5 Municipal Code.

Staff Report
Attachments:

1. Ordinance

2. Exhibit A - Chapter 3.45 Social Opportunity Endowment Fund

6.6 Resolution ratifying the execution of a fourth amendment to the agreement with Consolidated Engineering Laboratories for construction inspection, special inspections, and material testing services for the Livermore Village Parking Garage Project DR586003 to increase the not-toexceed amount by $100,000 from $624,00 to $724,000 and extend the termination date to June 30, 2026.

Recommendation:

Staff recommends City Council adopt a resolution ratifying the execution of a fourth amendment to the agreement with Consolidated Engineering Laboratories for construction inspection, special inspections, and material testing services for the Livermore Village Parking Garage Project DR586003 to increase the not-to-exceed amount by $100,000 from $624,00 to $724,000 and extend the termination date to June 30, 2026.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Fourth Amendment

6.7 Resolution authorizing execution of agreements with Swaim Biological, Inc., in an amount notto-exceed $800,000 and with WRA, Inc. in an amount not-to-exceed $500,000 to provide oncall engineering environmental support services with terms ending December 31, 2028.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute agreements with Swaim Biological, Inc. in an amount not-to-exceed $800,000 and with WRA, Inc. in an amount not-to-exceed $500,000 to provide on-call engineering environmental support services with terms ending December 31, 2028.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Swaim Biological Inc. Agreement

3. Exhibit B - WRA Inc. Agreement

6.8 Resolution authorizing the City Manager to execute a Memorandum of Agreement with the East Bay Regional Park District for the interim and long-term land management and monitoring of the 211-acre Doolan Canyon Conservation Easement Project that provides wildlife habitat mitigation for the El Charro Specific Plan Development, Isabel Interchange Project, and the Livermore Toyota Dealership Development Project.

Recommendation:

Livermore City Council Agenda September 8, 2025
6 Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a Memorandum of Agreement with the East Bay Regional Park District for the interim and long-term land management and monitoring of 211-acre Doolan Canyon Conservation Easement Project.

Staff Report
Attachments:

1. Project Location

2. Conservation Easement Boundary

3. Filed Record of Survey RS3815

4. Resolution

5. Exhibit A - EBRPD MOA Doolan Canyon

6.9 Resolutions accepting the Altamont Landfill Open Space Committee's recommendation to expend funds consistent with the terms of the Altamont Landfill Settlement Agreement. The expenditure of funds is not a project under the California Environmental Quality Act (CEQA) Guidelines section 15378.

Recommendation:

Staff recommends the City Council adopt separate resolutions confirming the Altamont Landfill Open Space Committee’s recommendation to authorize the following grant requests from the Altamont Landfill Settlement Agreement Open Space Account consistent with the Settlement Agreement:

1. UC Davis Road Ecology Center for $246,803 to research and develop a Payment for Ecosystem Services (PES) method and web-tool

2. California Rangeland Trust (CRT) for $790,468 to acquire a 160-acre conservation easement on the Sweet Ridge Ranch property

3. Tri-Valley Conservancy for $25,000 to conduct a conservation values study in unincorporated Alameda County bound by Greenville Road to the west, I-580 to the north, and the South Bay Aqueduct to the south and east

4. Tri-Valley Conservancy (TVC) for $500,000 to acquire in fee title of the 32-acre “Altamont Hills” Property (APN 99-5680-4)
Staff Report
Attachments:

1. Resolution - Concurrence of Funds UCD

2. Exhibit A - UCD Grant Application

3. Resolution - Concurrence of Funds CRT

4. Exhibit A - CRT Grant Application

5. Resolution - Concurrence of Funds TVC

6. Exhibit A - TVC Grant Application

7. Resolution - Concurrence of Funds TVC Altamont Hills

8. Exhibit A - TVC Grant Application Altamont Hills

6.10 Resolution determining Tract 8659, Isabel Crossings, located south of Portola Avenue and west of Isabel Avenue, is annexed to the City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services).

Livermore City Council Agenda September 8, 2025
7 Recommendation:

Staff recommends the City Council adopt a resolution determining Tract 8659, Isabel Crossings, located south of Portola Avenue and west of Isabel Avenue, is annexed to the City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) and directing the City Clerk to record the Notice of Annexation.

Staff Report
Attachments:

1. CFD 2023-1 Tax Zone Map

2. Resolution

3. Exhibit A - Unanimous Approval

6.11 Resolution determining that Parcel Map 11219, SMP 40, located south of Atlantis Street and Challenger Street is annexed to the City of Livermore Community Facilities District No. 2021-1 (Maintenance and Public Services).

Recommendation:

Staff recommends the City Council adopt a resolution determining that Parcel Map 11219, SMP 40, located south of Atlantis Street and Challenger Street is annexed to the City of Livermore Community Facilities District No. 2021-1 (Maintenance and Public Services) and directing the City Clerk to record the Notice of Annexation.

Staff Report
Attachments:

1. CFD 2021-1 Tax Zone Map

2. Resolution

3. Exhibit A - Unanimous Approval

6.12 Resolution adding the Arroyo Vista Base Repairs Project SM202629 to the 2025-2030 Capital Improvement Plan and authorizing allocations of $400,000 of County Measure BB - Local Streets & Roads (Fund 552) in Fiscal Year 2025-26.

Recommendation:

Staff recommends the City Council adopt a resolution adding the Arroyo Vista Base Repairs Project SM202629 to the 2025-30 Capital Improvement Plan and allocating $400,000 of County Measure BB - Local Streets & Roads (Fund 552) to the FY 2025-26 budget of the Arroyo Vista Base Repairs Project SM202629.

Staff Report
Attachments:

1. Vicinity Map

2. CIP Book Page

3. Resolution

6.13 Resolution authorizing an agreement between City of Livermore and The Alliance for Community Wellness dba La Familia to allocate $350,000 in Opioid Settlement Funds for predevelopment costs of a substance use disorder treatment facility located at 16459 Tesla Livermore City Council Agenda September 8, 2025
8 Road in the unincorporated county.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager, or her designee, to execute an agreement between the City of Livermore and The Alliance for Community Wellness dba La Familia to allocate $350,000 in Opioid Settlement Funds for predevelopment costs of a substance use disorder treatment facility located in the unincorporated county area at 16459 Tesla Road.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Agreement

6.14 Resolution authorizing execution of an agreement with Blair, Church & Flynn Consulting Engineers, in an amount not-to-exceed $289,400 and a term ending December 31, 2029, to provide design and construction support services for the City Fleet Electrification, Phase 2 Project BL202514.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Blair, Church & Flynn Consulting Engineers (BCF), in an amount not-toexceed $289,400 and a term ending December 31, 2029, to provide design and construction support services for the City Fleet Electrification, Phase 2 Project BL202514.

Staff Report
Attachments:

1. Location Map

2. Resolution

3. Exhibit A - Agreement

6.15 Resolution authorizing execution of a purchase order with 72 Hour LLC dba National Auto Fleet Group for four replacement Ford Super Duty F250 XL 2WD Super Cab Trucks with Scelzi bodies in an amount not-to-exceed $368,191.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing issuance of a purchase order to 72 Hour LLC dba National Auto Fleet Group in Watsonville, California for the purchase of four replacement Ford Super Duty F250 XL 2WD Super Cab Trucks under Sourcewell contact #091521-NAF for a not-to-exceed amount of $368,191.

Staff Report
Attachments:

1. National Auto Fleet Group Sourcewell Contract

2. National Auto Fleet Group Quote

3. Resolution

6.16 Resolution approving City Council Policy on City Officials’ Use of Electronic Communications Livermore City Council Agenda September 8, 2025
9 and Social Media.

Recommendation:

Staff recommends the City Council adopt a resolution approving the City Council Policy on City Officials’ Use of Electronic Communications and Social Media.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Electronic Communications and Social Media Policy

6.17 Resolution appointing an Acting City Attorney.

Recommendation:

The City Attorney’s Office recommends the City Council adopt a resolution:

1. Appointing Senior Assistant Attorney Tara Mazzanti as Acting City Attorney, effective August 23, 2025 and continuing until the City Attorney takes office or the City Council rescinds the appointment.

2. Approving a temporary salary increase equal to five percent (5%) of Ms. Mazzanti’s current salary, which is to be in effect during her service as Acting City Attorney.

Staff Report
Attachments:

1. Resolution

7. PUBLIC HEARINGS

7.1 Hearing to consider a request to approve development of a new, approximately 225,500 square-foot light industrial building and research and development facility on an approximately 14-acre vacant parcel along West Jack London Boulevard west of the Oaks Business Park and an economic incentive package. The facility would test and demonstrate commercially viable clean energy through fusion power.

Recommendation:

The Planning Commission and staff recommend the City Council:

1. Adopt a resolution finding that the project is exempt under the California Environmental Quality Act section 21080.69, as amended by Senate Bill 131, a project that consists exclusively of a facility for advanced manufacturing and certify/adopt an Addendum to the SMP 39/SMP 40 Environmental Impact Report, in accordance with the California Environmental Quality Act;

2. Introduce an ordinance, and waive the first reading of Planned Development Industrial Zoning Amendment (PD-I) 25-002 and direct staff not to proceed with a second reading or adoption of the ordinance if Pacific Fusion opts not to locate in Livermore, thereby invalidating the project approvals established by resolution;

3. Adopt a resolution approving Vesting Tentative Tract Map Amendment (VTTM) 8656/Subdivision (SUB) 25-001, Site Plan Design Review (SPDR) 25-005, and Conditional Use Permit (CUP) 25-002; and

4. Direct the Planning Manager to file a Notice of Exemption and Notice of Determination, Livermore City Council Agenda September 8, 2025
10 in accordance with the provisions of the California Environmental Quality Act, subject to project approval.

Staff recommends the City Council:

1. Adopt a resolution authorizing economic incentive package terms for Pacific Fusion and directing staff to proceed with negotiating an economic incentive agreement and to prepare related documents for subsequent Council action.

Staff Report
Attachments:

1. Planning Commission Staff Report

2. Planning Commission Meeting Minutes

3. Annexation Exhibit

4. Location Map

5. Development Plans

6. ALUC Staff Determination

7. Resolution - Environmental Exemption

8. Exhibit A - Planning Commission Resolution - Environmental

9. Resolution - Environmental Addendum

10. Exhibit A - Planning Commission Resolution - Environmental

11. Exhibit B - Pacific Fusion Addendum

12. Ordinance

13. Exhibit A - Planning Commission Resolution - Project

14. Exhibit B - Planned Development Amendment

15. Resolution - Project

16. Exhibit A - Planning Commission Resolution - Project

17. Exhibit B - Conditions of Approval

18. Resolution - Economic Incentive Package

8. MATTERS FOR CONSIDERATION

8.1 Designation of voting delegate and alternates for the 2025 League of California Cities General Assembly.

Recommendation:

Staff recommends the City Council appoint one voting delegate and up to two alternates to represent the City of Livermore at the 2025 League of California Cities General Assembly.

Staff Report
Attachments:

1. 2025 Cal Cities Voting Delegate Information Packet

8.2 Resolution appointing and approving an employment contract with a new City Attorney Recommendation:

The City Attorney Selection Committee recommends the City Council adopt a resolution appointing Kimberly D. Cilley as City Attorney and approving the employment contract.

Livermore City Council Agenda September 8, 2025
11 Staff Report
Attachments:

1. Resolution

2. Exhibit A - City Attorney Contract

9. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS

10. ADJOURNMENT
To a Special City Council meeting on September 29, 2025 at 5:00 pm and a Regular City Council meeting on Monday, October 13, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S. Livermore Avenue.

11. SUPPLEMENTAL MATERIALS
Supplemental Materials received prior to the meeting.

11.1 Supplemental materials received prior to the meeting.

Staff Report
Attachments:

1. Supplemental Materials

12. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING
You can participate in the meeting in a number of ways:

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

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

Other Agenda Items are also open for public input including Advisory Body Appointments, Consent Calendar, or Matters for Consideration items. These comments are also subject to the 3-minute limit. Public comment is not accepted on Proclamations and Presentations.

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

Platforms to Participate in Meetings:

Livermore City Council Agenda September 8, 2025
12 Submission of Comments Prior to the Meeting:

Email Comments may be submitted by the public to the City Clerk’s Office ([email protected]). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record.
eComments may be submitted by the public using the eComment link here. Comments may be up to 1000 characters in length and will be accepted up until 4:00 pm the day of the meeting. These items will NOT be read into the record and are viewable by the City Council and the public upon submittal.

Submission of Comments During the Meeting:

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

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

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

TV29: tv29live.org Comcast Cable 29
YouTube: http://youtube.com/c/CityofLivermoreCalifornia If you would like to deliver written materials to the City Council as part of your public comment, please provide 8 copies to the City Clerk with your speaker card.

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

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

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

LIVERMORE DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION, Livermore City Council Agenda September 8, 2025
13 NATIONAL ORIGIN, ANCESTRY, SEX, DISABILITY, AGE OR SEXUAL ORIENTATION IN THE PROVISION OF ANY SERVICES, PROGRAMS, OR ACTIVITIES. TO ARRANGE AN

ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE CONTACT THE ADA COORDINATOR AT [email protected] OR CALL (925) 960-4170 (VOICE) OR (925) 960- 4104 (TDD) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE OF THE MEETING.

Livermore City Council Agenda September 8, 2025
14 CITY COUNCIL STAFF REPORT ITEM NO. 3.1
DATE: September 8, 2025
TO: Honorable Mayor and City Council
FROM: Marianna A. Burch, City Manager
SUBJECT: Proclamation declaring September 2025 as Emergency Preparedness Month, presented to Herbert Cole, City of Livermore Emergency Manager

RECOMMENDED ACTION
Staff recommends City Council declare September 2025 as Emergency Preparedness Month.

DECISION TYPE
Not Applicable

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation
Prepared by: Herbert Cole
Management Analyst
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
15 16
CITY COUNCIL STAFF REPORT ITEM NO. 3.2
DATE: September 8, 2025
TO: Honorable Mayor and City Council
FROM: Anwan Baker, Library Director
SUBJECT: Proclamation declaring September 2025 as Library Card Sign-up Month, presented to Nathan Brumley, Assistant Library Services Director

RECOMMENDED ACTION
Staff recommends City Council declare September 2025 as Library Card Sign-up Month.

DECISION TYPE
Not Applicable

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation
Prepared by: Nathan Brumley
Assistant Library Services Director
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
17 18
CITY COUNCIL STAFF REPORT ITEM NO. 3.3
DATE: September 8, 2025
TO: Honorable Mayor and City Council
FROM: Carl Brown, Public Works Director
SUBJECT: Proclamation declaring September 15-21, 2025, as Pollution Prevention Week presented to Braden Christensen, Water Resource Source Control Inspector.

RECOMMENDED ACTION
Staff recommends City Council declare September 15-21, 2025, as Pollution Prevention Week in the City of Livermore.

DECISION TYPE
Not Applicable

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation
Prepared by: Kathy Hughes
Administrative Assistant
19 Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
20 21
CITY COUNCIL STAFF REPORT ITEM NO. 5.1
DATE: September 8, 2025
TO: Honorable Mayor and City Council
FROM: Marianna A. Burch, City Manager
SUBJECT: Public comment received prior to agenda publication.

RECOMMENDED ACTION
Staff recommends the City Council receive the public comment.

DECISION TYPE
Not Applicable

SUMMARY

DISCUSSION

ATTACHMENTS

1. 2025-09-08 Open Forum Public Comment
Prepared by: Debbie Elam
City Clerk
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
22 From: Cody Moreno
To: City Clerk
Subject: Skate park
Date: Monday, August 25, 2025 11:57:55 AM
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Please don’t build the disc golf course. The skate park would be a much better addition Sent from my iPhone
ATTACHMENT 1
23 From: abbey ramirez
To: City Clerk
Subject: Original Plans for New Livermore Skatepark
Date: Monday, August 25, 2025 11:53:44 AM
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Greetings,
I am reaching out to express both interest and concern regarding the proposed plans to redevelop the old duck pond area into a new recreation zone. From my understanding as a longtime local skateboarder, the original vision for this space was to construct a second skatepark within town.

However, that idea now appears to have been set aside and replaced with the new concept of a playground and open lawn area, according to the images and plans that have been made available on the city’s website and the documents attached here.

While I fully recognize and appreciate the city’s commitment to developing inclusive recreational spaces for the community, I strongly advocate for reconsidering the original idea of building a second skatepark. There are many reasons why I feel this would be a more valuable, forward-thinking, and inclusive use of the space. A second skatepark would not only address the limitations of the current Sunken Gardens Skatepark, but it would also meet a growing and diverse need within our community. I would like to outline some of the most pressing points below.

1. The challenges of the current skatepark’s location.

The Sunken Gardens Skatepark has been a centerpiece for local skaters, scooter riders, bikers, and roller skaters since its opening. However, its location poses a significant challenge. A large retirement community is currently being developed nearby, and many community members have already voiced concern that the sounds and activity from the skatepark— such as scooters, roller skaters, bikers, skateboards, music, group gatherings, and birthday parties—could become an ongoing source of conflict with the residents of this retirement home. It is not hard to imagine a scenario in which complaints about noise or “park culture” build over ATTACHMENT 1
24 time and eventually pressure city officials to restrict or even close the park.

If that were to happen, a major outlet for youth and adults alike in our town would be jeopardized. By creating a second skatepark in another part of town, the city could ensure that residents have multiple spaces to enjoy this activity. Having two parks would provide the option to relocate to a different site during the retirement home’s quiet hours or in times when conflicts arise, without having to give up skating altogether. It is a proactive and preventative solution that could ease tensions before they even begin. Rather than pitting two groups—youthful recreational users and retirees—against each other, a second skatepark would create balance and preserve harmony.

2. The growing demand and inclusivity of skate-based recreation.

Over the last five years, activities like skateboarding, scootering, biking, and roller skating have all seen a surge in popularity nationwide. According to GoSkate.com, a global skateboarding network established in 1996, participation in these sports is on the rise and has become increasingly diverse in terms of age, gender, race, and skill level. This resurgence is not a fleeting trend, but part of a cultural shift in how people, especially youth and young adults, choose to spend their time outdoors.

Skating is far more than a physical activity. It is also a creative and artistic outlet, a social connector, and a healthy alternative to less constructive pursuits. Skaters often form tight-knit communities, mentoring one another, sharing techniques, and encouraging creativity. Unlike some sports that require expensive equipment or organized teams, skateboarding and related activities are accessible to almost anyone with a board or a pair of skates. A second skatepark would not only meet the growing demand but also reflect the city’s commitment to equity, creativity, and outdoor engagement for all its residents.

Moreover, having multiple skateparks encourages safe participation. When too many people crowd into a single park, especially one of limited size, it increases the risk of accidents and makes the environment less welcoming ATTACHMENT 1
25 for beginners. A second facility would allow for a more balanced distribution of users, making both spaces safer and more enjoyable for everyone.

3. The long-term value of investing in diverse recreational infrastructure.

Playgrounds and open lawns are undeniably valuable features in any town.

However, they already exist in abundance across our parks system.

Skateparks, by contrast, remain relatively scarce, and yet they serve a wide range of age groups and skill levels that traditional playgrounds often do not reach. By choosing to invest in another skatepark, the city would be signaling its dedication to meeting the needs of an underserved and growing community of active residents.

Additionally, skateparks are known to attract visitors from neighboring towns, which has the potential to support local businesses. Families, friends, and enthusiasts often travel to skateparks, and by positioning our city as a hub for such recreation, we can foster positive community engagement and economic activity.

For these reasons, I respectfully request greater clarity on why the original skatepark concept has not been carried forward and whether there is still an opportunity to revisit that idea. I recognize that planning decisions involve balancing many voices and priorities, but I believe that a second skatepark offers unique, lasting, and inclusive benefits that cannot be matched by a traditional playground or open lawn space alone.

I hope that city leadership will consider the perspectives of the skateboarding, scootering, biking, and roller skating communities, all of whom would greatly benefit from an additional park. I also believe this decision is about more than skating—it is about ensuring that all members of our community have access to safe, creative, and sustainable recreational outlets.

ATTACHMENT 1
26 Thank you for your time and consideration of this matter. I would appreciate the chance to hear more about the reasoning behind the change in plans and to engage in further discussion about the possibility of bringing a second skatepark back to the table.

Best,
Abbey Ramírez
ATTACHMENT 1
27 From: Nick Para
To: City Clerk
Subject: Livermore skatepark
Date: Monday, August 25, 2025 11:32:11 AM
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Hello
I've been skating in Livermore since before I can remember and there's always been talk of a new park or a pump track but never seen any actual action. this new park is an excellent way to deliver on that. Please make a skatepark at the new park ATTACHMENT 1
28 From: James Hafner
To: City Clerk
Subject: Concerns and Alternatives for Springtown $9.6 million Project Date: Monday, August 25, 2025 10:45:02 AM
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Dear Livermore City Council,
While I support enhancing community spaces, this level of spending appears excessive, especially when vital priorities such as public safety, infrastructure maintenance, housing, and youth programs also require resources. If the project does move forward, I strongly encourage the Council to consider integrating broader recreational amenities, such as the long awaited SPRINGTOWN SKATE PARK. By leveraging shared infrastructure—parking, restrooms, lighting, landscaping—this addition could maximize value, attract a wider range of residents, and ensure youth in underserved neighborhoods have a place to gather constructively. Rather than duplicating amenities across separate projects, Livermore could use this opportunity to make Springtown a true recreational hub for all ages. This approach would demonstrate fiscal responsibility while strengthening community equity and long-term benefit.

Respectfully,
James Hafner
ATTACHMENT 1
29 From: Hayley
To: City Clerk
Subject: Park in Springtown!
Date: Sunday, August 24, 2025 11:49:36 PM
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Hello, I am reaching out in regards to plans for the Springtown Community Park.

I am excited that there will be new development! I know there are many opinions about what to include, and I respect that there is a lot to consider. I would like to bring up points as to why I think it would be beneficial to include a skatepark.

To start, skating is a great outdoor activity that allows participants from all economic backgrounds to get outside. It often promotes a safe community space! Parks and playgrounds are nearby, which is great for younger kids, but I see youth that ride bikes and practice skating out in the streets/in nearby parking lots. They are from neighborhoods nearby and would benefit from a designated space close to home that is not in traffic.

There is a skate park in Livermore but with the retirement homes being developed right next to it, I feel space for skating in the Springtown Community Park would be a good way to leave space for all!
Thanks for your consideration,
Hayley
ATTACHMENT 1
30 From: Matthew Waller
To: City Clerk
Subject: Public Comment - Livermore Skatepark Community Needs Real Investment Date: Sunday, August 24, 2025 8:12:57 PM
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

The Livermore skate community keeps getting overlooked. Years ago, the City talked about adding a pump track to Sunken Gardens, yet it’s been years with no progress — and honestly, no one in the skate community ever asked for that. What we have consistently asked for is a better skatepark facility.

Now, the duck pond site plans leave skateboarding out completely, even though a skatepark was previously discussed for that space. Meanwhile, a retirement home is being built next to the existing skatepark, which will only bring more complaints. A new skatepark at this site would solve that problem and provide a safe, positive outlet for local youth and adults.

It’s time Livermore invested in what its community actually needs: a modern skatepark included in this springtown project not overlook us.

Sent from my iPhone
ATTACHMENT 1
31 CITY COUNCIL STAFF REPORT ITEM NO. 6.1
DATE: September 8, 2025
TO: Honorable Mayor and City Council
FROM: Marianna A. Burch, City Manager
SUBJECT: Acknowledgement of draft minutes - February 1, 2021 Special Meeting.

RECOMMENDED ACTION
Staff recommends the City Council acknowledge the draft minutes. There are no members of the City Council eligible to approve the minutes from February 1, 2021. Per City Council Rules of Procedure, the City Clerk will attest to the minutes.

DECISION TYPE
Not Applicable

SUMMARY

DISCUSSION

ATTACHMENTS

1. 2021-02-01 Special Meeting Minutes
Prepared by: Debbie Elam
City Clerk
32 Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
33 FEBRUARY 1, 2021 Minutes CM/74/X

DRAFT MINUTES

CITY COUNCIL
FEBRUARY 1, 2021
________________________________________________________________

SPECIAL MEETING

1. CALL TO ORDER – The meeting of the City Council was called to order by Mayor Bob Woerner at 10:00 am, held via teleconference using Zoom and YouTube.

2. ROLL CALL – Present: Mayor Bob Woerner, Vice Mayor Trish Munro and Council Members Regina Bonanno, Robert W. Carling, and Brittni Kiick.

3. SPECIAL MEETING WORKSHOP ITEM

3.1 City Council Shared Expectations Regarding the Use of Social Media, Interactions with the Community and City Staff, and Compliance with the Brown Act; Review, Discussion, and Direction Regarding City Council Norms and Values and City Council Meeting Rules of Procedure Recommendation: Staff recommended the City Council discuss and provide direction on the proposed revisions to the City Council Meeting Rules of Procedure and whether any additional changes should be made.

Mayor Woerner opened the public comment period.

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

City Attorney Jason Alcala presented a general overview of the special meeting workshop agenda and provided an outline of the desired outcome from City Council’s discussion.

THE CITY COUNCIL DISCUSSED SHARED EXPECTATIONS, PROPOSED

REVISIONS, AND CHANGES TO THE RULES OF PROCEDURE AND NORMS AND VALUES REGARDING: REGIONAL BODY APPOINTMENT VOTING AND

REPORTING, EMAIL CORRESPONDENCE, ENGAGING THE COMMUNITY

THROUGH THE USE OF SOCIAL MEDIA, HOW OFFICIAL CITY

COMMUNICATIONS ARE PROVIDED AFTER A CITY COUNCIL DECISION IS

MADE, AND ATTENDANCE FOR COMMUNITY WORKSHOPS AND CITY

MEETINGS, AND DIRECTED STAFF TO ESTABLISH SAID UPDATES AND CHANGES ACCORDINGLY.

City Attorney Jason Alcala stated staff will return at a future meeting for City Council’s approval of the edits.

ATTACHMENT 1
34 CM/74/X Minutes FEBRUARY 1, 2021
City Manager Marc Roberts presented the Norms and Values portion of the workshop.

THE CITY COUNCIL DISCUSSED AND PROPOSED UPDATES AND
CHANGES TO NORMS AND VALUES TOPICS REGARDING: MISSION

STATEMENT, CORE VALUES, COUNCIL NORMS, COUNCIL VALUES,
PRINCIPLES OF GOVERNANCE, ROLE OF CITY COUNCIL, AND COUNCILSTAFF RELATIONS.

THE CITY COUNCIL APPOINTED A TWO PERSON CITY COUNCIL

SUBCOMMITTEE OF COUNCIL MEMBER KIICK AND COUNCIL MEMBER

BONANNO TO REVISE THE MISSION STATEMENT, PROVIDE A VISION

STATEMENT, REVIEW THE CORE VALUES AND PROVIDE A
RECOMMENDATION ON INCORPORATING THE OBJECTIVES. IN ADDITION,

THE SUBCOMMITTEE WAS DIRECTED TO REVIEW AND PROVIDE

RECOMMENDATIONS RELATED TO THE COUNCIL NORMS AND COUNCIL VALUES SECTIONS.

City Manager Marc Roberts noted City Council comments and edits will be incorporated into the Norms and Values document.

City Attorney Jason Alcala presented the Meeting Rules of Procedure inclusive of 31 pages with proposed redlined changes and updates; urged City Council Members to provide high-level concepts for any additionally proposed changes.

THE CITY COUNCIL DISCUSSED AND PROPOSED CHANGES TO THE CITY COUNCIL MEETING RULES OF PROCEDURE.

City Attorney Jason Alcala noted the Council comments and edits to the redlined City Council Meeting Rules of Procedure; stated staff will prepare redlined work products, resolutions, and an ordinance to return to City Council at a future meeting for approval.

8. ADJOURNMENT – at 3:54 pm to a regular City Council meeting on February 8, 2021 at 7:00 pm, held virtually using Zoom.

City Council Rules of Procedure 8.11.2c
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. * ATTEST: ___________________________________
DEBORAH L. ELAM, CITY CLERK
* The minutes for this meeting were inadvertently not submitted to the City Council during the terms of the City Council Members in attendance.

ATTACHMENT 1
35 CITY COUNCIL STAFF REPORT ITEM NO. 6.2
DATE: September 8, 2025
TO: Honorable Mayor and City Council
FROM: Marianna A. Burch, City Manager
SUBJECT: Approval of draft minutes - July 28, 2025 Special Closed Session Meeting, July 28, 2025 Special Workshop Meeting, July 28, 2025 Regular Meeting, August 4, 2025 Special Closed Session Meeting, and August 11, 2025 Special Closed Session Meeting.

RECOMMENDED ACTION
Staff recommends the City Council approve the draft minutes.

DECISION TYPE
Administrative

SUMMARY

DISCUSSION

ATTACHMENTS

1. DRAFT 2025-07-28 Special Closed Session

2. DRAFT 2025-07-28 Special Workshop

3. DRAFT 2025-07-28 Regular

4. DRAFT 2025-08-04 Special Closed Session

5. DRAFT 2025-08-11 Special Closed Session
Prepared by: Debbie Elam
City Clerk
36 Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
37 JULY 28, 2025 Minutes CM/75/1

DRAFT MINUTES

CITY COUNCIL
JULY 28, 2025
________________________________________________________________

SPECIAL CLOSED SESSION

1. CALL TO ORDER – The Special Closed Session of the City Council was called to order by Mayor John Marchand at 4:00 pm, held in person at 1016 S.

Livermore Avenue.

2. ROLL CALL – Present: Mayor John Marchand, Vice Mayor Evan Branning, Council Members Ben Barrientos, Steven Dunbar, and Kristie Wang.

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

Mayor Marchand opened the public comment period.

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

3. ADJOURN TO CLOSED SESSION

3.1 PUBLIC EMPLOYEE EMPLOYMENT: Public employee recruitment pursuant to Government Code section 54957(b). Title of position to be filled: City Attorney.

Mayor Marchand stated that there was no reportable action taken in Closed session.

4. ADJOURNMENT – at 5:22 pm to a Special City Council Workshop Meeting on Monday, July 28, 2025 at 6:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S. Livermore Avenue.

APPROVED:

JOHN P. MARCHAND, MAYOR
ATTEST: ___
DEBORAH L. ELAM, CITY CLERK
ATTACHMENT 1
38 JULY 28, 2025 Minutes CM/75/1

DRAFT MINUTES

CITY COUNCIL
JULY 28, 2025
________________________________________________________________

SPECIAL MEETING WORKSHOP

1. CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 6:01 pm, held in person at 1016 S. Livermore Avenue.

2. ROLL CALL – Present: Mayor John Marchand, Vice Mayor Evan Branning, Council Members Ben Barrientos, Steven Dunbar, and Kristie Wang.

3. SPECIAL MEETING WORKSHOP ITEM

3.1 City Officials’ Use of Electronic Communications and Social Media Training
Recommendation: Staff recommended the City Council receive a presentation and ask any clarifying questions regarding the City Officials’ Use of Electronic Communications and Social Media Policy.

Stephanie Egidio, Acting Deputy City Manager, presented the staff report.

Mayor Marchand opened the public comment period.

Joe Lee provided a comment.

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

THE CITY COUNCIL RECEIVED THE PRESENTATION.

4. ADJOURNMENT – at 6:20 pm to a Regular City Council Meeting on Monday, July 28, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

APPROVED:

JOHN P. MARCHAND, MAYOR
ATTEST: ___
DEBORAH L. ELAM, CITY CLERK
ATTACHMENT 2
39 JULY 28, 2025 Minutes CM/75/1

DRAFT MINUTES

CITY COUNCIL
JULY 28, 2025
________________________________________________________________

REGULAR MEETING

1. CLOSED SESSION - NONE

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

ROLL CALL – Present: Mayor John Marchand, Vice Mayor Evan Branning, Council Members Ben Barrientos, Steven Dunbar, and Kristie Wang.

PLEDGE OF ALLEGIANCE

3. PROCLAMATIONS AND PRESENTATIONS – NONE

4. OPEN FORUM
Mayor Marchand opened the public comment period.

Cy Matin provided a comment.

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

5. CONSENT CALENDAR
Mayor Marchand opened the public comment period.

Item 5.8 Brian Bertossa, provided a comment.

Item 5.1 Karl Wente, provided a comment.

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

ON THE MOTION OF COUNCIL MEMBER DUNBAR, SECONDED BY COUNCIL MEMBER BARRIENTOS, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 5.8 WHICH CARRIED ON A 4-0 VOTE WITH MAYOR MARCHAND ABSTAINING.

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

ATTACHMENT 3
40 CM/75/2 Minutes JULY 28, 2025

5.2 Adoption of Ordinance 2176 Repealing Development Code housing sections 6.02.030 Density Bonus, 6.03.060 Emergency Shelters, 6.03.070 Farmworker Housing, 6.03.080 Mobile Homes and Mobile Home Parks, 6.03.120 Accessory Dwelling Units, and 10.06.050 Affordable Housing, and adopting a new “Part 11 Housing” chapter in the Development Code.

Adoption of Ordinance 2177 Amending Development Code sections 9.07.020 Applicability, 9.07.030 (Table 9.3 Review Authority for Site Plan and Design Review), 9.07.040 Application Filing, Processing, and Review, of “Part 9 Permits and Approvals”, and sections 10.01.050 (Table 10.1 Subdivision Review Authorities), and 10.02.050 Tentative Map Public Hearing and Action of "Part 10 Subdivisions”.

Adoption of Ordinance 2178 Amending various Development Code sections for internal consistency with new “Part 11 Housing” and amendments to “Part 9 Permits and Approvals” and “Part 10 Subdivisions”.

5.3 Resolution 2025-119 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.

5.4 Resolution 2025-120 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.

5.5 Resolution 2025-121 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.

5.6 Resolution 2025-122 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).

5.7 Resolution 2025-123 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.

5.8 Resolution 2025-124 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.

5.9 Resolution 2025-125 authorizing execution of Amendment No. 1 to the ATTACHMENT 3
41 JULY 28, 2025 Minutes CM/75/3
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 rightof-way as part of 2024 Storm Drain Trash Capture Project SD202425.

5.10 Resolution 2025-126 certifying the City of Livermore's updated Sewer System Management Plan.

5.11 Resolution 2025-127 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.

5.12 Resolution 2025-128 authorizing write-off of accounts receivable balance.

5.13 Resolution 2025-129 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.

5.14 Resolution 2025-130 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.

5.15 Resolution 2025-131 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.

5.16 Resolution 2025-132 approving City Council Values, Norms and Principles of Governance, and City Council Meeting Rules of Procedure.

Resolution 2025-133 amending and adopting the City Council Meeting Rules of Procedure.

6. PUBLIC HEARINGS

6.1 Hearing to place delinquent sewer accounts on the Property Tax Roll.

Recommendation: Staff recommended the City Council hold a public hearing to consider protests, adopt a resolution overruling protests to place delinquent sewer accounts on the property tax roll, and direct staff to forward a finalized copy of the assessment list to the County Tax Assessor.

Ann Furtado, Accounting Supervisor, presented the staff report.

ATTACHMENT 3
42 CM/75/4 Minutes JULY 28, 2025
Mayor Marchand opened the public hearing.

There were no speakers, and the hearing was closed.

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

Resolution 2025-134 considering and overruling protests to place delinquent sewer accounts on the property tax roll.

6.2 Hearing to adopt FY 2025-26 Sewer Service and Use Charges Report and authorize Residential Charges to be collected in the same manner, by the same persons, and at the same time as, together with and not separately from, the City’s General Taxes.

Recommendation: Staff recommended the City Council hold a public hearing to consider all objections or protests, if any, to the written report describing each parcel of real property receiving wastewater services and the amount of the service charge for each parcel, adopt a resolution approving the residential Sewer Service and Use Charges report, and authorize collection of report amounts on the property tax roll by the Alameda County Tax Assessor.

Ann Furtado, Accounting Supervisor, presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers, and the hearing was closed.

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

Resolution 2025-135 adopting the sewer service and use charges report for FY 2025-2026 and authorizing residential charges to be collected in the same manner, together with and not separately from the City’s general taxes.

6.3 Hearing to consider a request for the second amendment to Development Agreement 18-001 to revise the terms and timing of the off-site improvements including a public trail and public sewer line. The Development Agreement vests a previously approved project for 186 twoand three-story townhomes on a vacant 35-acre site located at the terminus of Lassen Road northwest of the First Street/I-580 Interchange and north of I-580.

Recommendation: Planning Commission and Staff recommended the City Council:

1. Adopt a resolution finding that the environmental impacts of the Second ATTACHMENT 3
43 JULY 28, 2025 Minutes CM/75/5
Amendment to the Development Agreement for the Lassen Road Townhome Project are within the scope of the 2020 Initial Study and Mitigated Negative Declaration, the Active Transportation Initial Study and Mitigated Negative Declaration, and the Springtown Trunkline Sewer Initial Study and Mitigated Negative Declaration;

2. Direct the Planning Manager to file a Notice of Determination, in accordance with the provisions of the California Environmental Quality Act (CEQA), subject to project approval; and

3. Introduce an ordinance, and waive the first reading, amending Development Agreement (DA) 18-001.

Emily LaDue, Consultant-Planning Tech, presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers, and the hearing was closed.

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

ADOPTED THE FOLLOWING RESOLUTION AND INTRODUCED THE
FOLLOWING ORDINANCE:

Resolution 2025-136 finding that the environmental impacts of the second amendment to the Development Agreement for Lassen Road Townhome Project are within the scope of the 2020 Initial Study and Mitigated Negative Declaration, the Active Transportation Initial Study, and Mitigated Negative Declaration, and the Springtown Trunkline Sewer Initial Study and Mitigated Negative Declaration.

Ordinance introduced approving Development Agreement Amendment (DAA) 25-001.

7. MATTERS FOR CONSIDERATION

7.1 Adoption of a resolution ratifying, reaffirming, and readopting the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc., excluding the construction of and improvements to Veterans Park.

Recommendation: Staff recommended the City Council:

1. Adopt a resolution ratifying, reaffirming, and readopting the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc., excluding the construction of and improvements to Veterans Park, and acknowledging that the agreement remains in effect as of the date it was signed; and

2. Direct the Planning Manager to file a Notice of Exemption, in accordance with the provisions of the California Environmental Quality Act, subject to approval of the resolution.

Shannon Pagan, Assistant Planner, presented the staff report.

ATTACHMENT 3
44 CM/75/6 Minutes JULY 28, 2025
Mayor Marchand opened the public comment period.

Tom Ramos provided a comment.

Thomas Soules provided a comment.

Trish Munro provided a comment.

Vasko Yorgov provided a comment.

Sherri Souza provided a comment.

Julie provided a comment.

Carol Silva provided a comment.

Nathan Tran provided a comment.

Jan Brovont provided a comment.

Alan Barnham provided a comment.

Karl Wente provided a comment.

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

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

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

Resolution 2025-137 ratifying, reaffirming, and readopting the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc., excluding the construction of and improvements to Veterans Park, and acknowledging that the agreement remains in effect as of the date it was signed.

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS

THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF

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

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

Asbury United Methodist Church Council Member Barrientos discussed a recent back-to-school backpack stuffing event.

ATTACHMENT 3
45 JULY 28, 2025 Minutes CM/75/7
Center for Elder Independence Council Member Dunbar noted his attendance at the July 25, 2025, PACE grand opening.

City of Livermore Library Council Member Dunbar noted his attendance at the July 22, 2025, Carolyn Lord presentation.

City of San Ramon Council Member Dunbar noted his attendance at the July 19, 2025, grand opening of the Iron Horse Trail Bicycle and Pedestrian Overcrossing at Bollinger Road.

Livermore Unified School District Vice Mayor Branning announced the upcoming start to the new school year.

National Night Out Vice Mayor Branning announced the upcoming event on August 5, 2025.

9. ADJOURNMENT – at 8:31 pm to a Special City Council Closed Session Meeting on Monday, August 4, 2025 at 5:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S. Livermore Avenue.

APPROVED:

JOHN P. MARCHAND, MAYOR
ATTEST: ___
DEBORAH L. ELAM, CITY CLERK
ATTACHMENT 3
46 AUGUST 4, 2025 Minutes CM/75/1

DRAFT MINUTES

CITY COUNCIL
AUGUST 4, 2025
________________________________________________________________

SPECIAL CLOSED SESSION

1. CALL TO ORDER – The Special Closed Session of the City Council was called to order by Mayor John Marchand at 5:00 pm, held in person at 1016 S.

Livermore Avenue.

2. ROLL CALL – Present: Mayor John Marchand, Vice Mayor Evan Branning, Council Members Ben Barrientos, Steven Dunbar, and Kristie Wang.

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

Mayor Marchand opened the public comment period.

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

3. ADJOURN TO CLOSED SESSION

3.1 PUBLIC EMPLOYEE EMPLOYMENT: Public employee recruitment pursuant to Government Code section 54957(b). Title of position to be filled: City Attorney.

Mayor Marchand stated that there was no reportable action taken in closed session.

4. ADJOURNMENT – at 9:16 pm to a Special Closed Session City Council Meeting on Monday, August 11, 2025 at 5:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S. Livermore Avenue.

APPROVED:

JOHN P. MARCHAND, MAYOR
ATTEST: ___
DEBORAH L. ELAM, CITY CLERK
ATTACHMENT 4
47 AUGUST 11, 2025 Minutes CM/75/1

DRAFT MINUTES

CITY COUNCIL
AUGUST 11, 2025
________________________________________________________________

SPECIAL CLOSED SESSION

1. CALL TO ORDER – The Special Closed Session of the City Council was called to order by Mayor John Marchand at 5:02 pm, held in person at 1016 S.

Livermore Avenue.

2. ROLL CALL – Present: Mayor John Marchand, Vice Mayor Evan Branning, Council Members Steven Dunbar and Kristie Wang.

Absent: Council Member Ben Barrientos

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

Mayor Marchand opened the public comment period.

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

3. ADJOURN TO CLOSED SESSION

3.1 PUBLIC EMPLOYEE EMPLOYMENT: Public employee recruitment pursuant to Government Code section 54957(b). Title of position to be filled: City Attorney.

3.2 Conference with Labor Negotiators. To meet with Mayor Marchand and Vice-Mayor Branning, the City’s negotiators, pursuant to Government Code section 54957.6 regarding negotiations for salary and compensation for Unrepresented Employee – City Attorney.

Council Members Ben Barrientos arrived at 5:06 pm
Mayor Marchand stated that there was no reportable action taken in closed session.

4. ADJOURNMENT – at 8:52 pm to a Regular City Council Meeting on Monday, September 8, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S. Livermore Avenue.

ATTACHMENT 5
48 CM/75/2 Minutes AUGUST 11, 2025
APPROVED:

JOHN P. MARCHAND, MAYOR
ATTEST: ___
DEBORAH L. ELAM, CITY CLERK
ATTACHMENT 5
49 CITY COUNCIL STAFF REPORT ITEM NO. 6.3
DATE: September 8, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Adoption of an ordinance amending Development Agreement (DA) 18-001 revising the terms and timing of the off-site improvements including a public trail and public sewer line. The Development Agreement vests a previously approved project for 186 two- and three-story townhomes on a vacant 35-acre site located at the terminus of Lassen Road northwest of the First Street/I-580 Interchange and north of I-580.

RECOMMENDED ACTION
Planning Commission and staff recommend the City Council adopt an ordinance amending Development Agreement (DA) 18-001.

DECISION TYPE
Legislative

SUMMARY

DISCUSSION

ATTACHMENTS

1. Ordinance

2. Exhibit A - Planning Commission Project Resolution

3. Exhibit B - Draft - Development Agreement Amendment
Prepared by: Emily LaDue
Assistant Planner
50 Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
51 1 ORDINANCE NO. _______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

AN ORDINANCE APPROVING DEVELOPMENT AGREEMENT AMENDMENT (DAA) 25-001
CA Government Code Section 65864 et seq. (implemented by Livermore Development Code Chapter 9.04) allows local jurisdictions and private parties to enter into Development Agreements in order to vest certain development rights and to meet local public purpose.

On November 23, 2020, the City Council approved entitlements for a 186-unit townhome project known as Lassen Road Townhome Project, including Development Agreement 18-001 (“Agreement”).

On March 18, 2025, the City received an application from LD-FUND III (“Applicant”) for Development Agreement Amendment (DAA) 25-001 for the second amendment to the Agreement to revise the terms and timing of the off-site improvements (“Amendment” or “Project”).

On June 17, 2025, at a duly noticed public hearing, the Planning Commission considered the Amendment, heard public testimony, made the necessary findings, and adopted Planning Commission Resolution No. 26-25, attached hereto as Exhibit A, recommending the City Council approve the Amendment.

On July 28, 2025, the City Council held a duly noticed public hearing to consider the Amendment, Planning Commission and staff recommendations, all public comments and testimony, and findings.

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

Section 1. Authority. Pursuant to Government Code Section 65864 et seq., the City Council considers that certain document under City Application No. Development Agreement Amendment 25-001 and entitled “Second Amendment to Development Agreement (DA18-001) Lassen Road Townhomes” (“Amendment”). The Amendment is attached hereto as Exhibit B.

Section 2. Recommendation. The Planning Commission held a duly noticed public hearing on June 17, 2025, to consider adoption of an ordinance approving the Amendment and by its Resolution No. 26-25, attached hereto as Exhibit A, recommended that the City Council adopt the ordinance and approve the Amendment.

Section 3. Public Hearing. Prior to taking action on the Amendment, and at a properly noticed public hearing, the City Council of the City of Livermore reviewed written and oral staff reports, conducted a public hearing on the Amendment and took testimony; and received into the record all pertinent documents related to the Amendment 52 2 ORDINANCE NO. _______
(collectively, the “Record Evidence”). The City Council’s determination is based on the Record Evidence, which is incorporated into this Ordinance by reference.

Section 4. Environmental Review. The City Council has adopted Resolution No.[_________] determining the proposed Amendment is not required to undergo an additional environmental review since none of the requirements under the provisions of the California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15164 have occurred (substantial changes, major revisions of the previous EIR, or new information). The impacts of the Lassen Road Townhome Project, The T-6 Trail, and the Springtown Trunkline Sewer Project were evaluated by the previously approved 2020 Initial Study and Mitigated Negative Declaration, the Active Transportation Initial Study and Mitigated Negative Declaration, and the Springtown Trunkline Sewer Initial Study and Mitigated Negative Declaration (State Clearinghouse #2019099018, #2018041060, and #2023100105 respectively) (“Environmental Documents”), consistent with the California Environmental Quality Act.

Section 5. Consistency. Development Agreement 25-001 is consistent with the General Plan and the Livermore Development Code Chapter 9.04.

Section 6. Findings and Approval. The City Council has considered the findings made in Planning Commission Resolution No. 26-25, attached hereto as Exhibit A, and hereby adopts the same findings by this reference and incorporates them herein, and based upon the City Council’s own independent review of the Record Evidence and considerations, it adopts this Ordinance approving the Development Agreement Amendment.

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

Section 8. Publication and Effective Date. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Livermore within 15 days after its adoption and shall take effect and be in force 30 days from and after its adoption.

Section 9. Filing. The Planning Manager is directed to file a Notice of Determination with the Alameda County Clerk.

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

Section 11. Documents. The documents that constitute the record of proceedings upon which this decision is based on can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, Livermore, California.
53 3 ORDINANCE NO. _______
Section 12. Severability. If any part of this ordinance is declared unconstitutional or invalid by a court, such unconstitutionality or invalidity shall not affect any remaining parts.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

The ordinance was adopted at the regular meeting of the City Council held on September 8, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
___________________________ /s/Tara Mazzanti
Deborah L. Elam Tara Mazzanti
City Clerk Acting City Attorney
Exhibit A – Planning Commission Resolution 26-25
Exhibit B – Amendment
54 EXHIBIT A
55 EXHIBIT A
56 EXHIBIT A
57 EXHIBIT B
58 EXHIBIT B
59 EXHIBIT B
60 EXHIBIT B
61 EXHIBIT B
62 EXHIBIT B
63 EXHIBIT B
64 EXHIBIT B
65 EXHIBIT B
66 EXHIBIT B
67 EXHIBIT B
68 EXHIBIT B
69 EXHIBIT B
70 EXHIBIT B
71 EXHIBIT B
72 EXHIBIT B
73 EXHIBIT B
74 EXHIBIT B
75 EXHIBIT B
76 EXHIBIT B
77 EXHIBIT B
78 EXHIBIT B
79 EXHIBIT B
80 EXHIBIT B
81 EXHIBIT B
82 EXHIBIT B
83 EXHIBIT B
84 EXHIBIT B
85 CITY COUNCIL STAFF REPORT ITEM NO. 6.4
DATE: September 8, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Introduce an ordinance amending and revising the Building Code, Property Maintenance Code, Fire Code, Electrical Code, Mechanical Code, Plumbing Code, Residential Code, Swimming Pool and Spa Code, Wildland Urban Interface Code, and the Green Building Standards Codes in the City's Municipal Code, to adopt by reference and amend the 2025 California Building Standards Code and the codes set forth therein. No amendments are proposed to the California Residential Code or other codes currently governing residential structures. All provisions related to residential construction remain substantially similar to current regulations, with only editorial revisions that do not affect regulatory requirements.

RECOMMENDED ACTION
Staff recommends the City Council introduce an ordinance, and waive the first reading, with an effective date of January 1, 2026:

1. Revising and amending Chapter 15.02 (Building Code), 15.04 (Property Maintenance Code),

15.06 (Fire Code), 15.08 (Electrical Code), 15.10 (Mechanical Code), 15.12 (Plumbing Code),

15.14 (Residential Code), 15.26 (Green Building Standards Code), 15.92 (Swimming Pool and Spa Code), and 15.94 (Wildland Urban Interface Code) in the Livermore Municipal Code.

SUMMARY
State law mandates all local jurisdictions enforce the California State Building Standards (Title 24 of the California Code of Regulations) in the construction and maintenance of all buildings and structures.

These standards include provisions of the nationally recognized model Building, Fire, Electrical, Mechanical and Plumbing Codes. These standards are updated on a tri-annual basis. The City currently enforces the 2022 California Building Standards Code. The State recently published the 2025 version of the Codes; per State law, local jurisdictions must enforce these codes with an effective date of January 1, 2026. Local amendments are permitted if they are no less restrictive than the State Code and are determined to be reasonably necessary in order to meet local climatic, geological, topographical, and environmental conditions.

This proposed ordinance amends and revises the old codes and amends and adopts the new 2025 California Building Standards Code. In addition, staff has identified a few minor administrative amendments within the Building, Fire, Electrical, and Residential codes that help to clarify the intent of pertinent code sections. These minor amendments are consistent with amendments made in previous code adoptions. Exhibit K highlights notable amendments to the code.

The recent passage of Assembly Bills AB130 and AB 306 have placed a moratorium on local amendments to the Residential Code until 2031. This code adoption does not include any new local amendments to the Residential Code or Green Building Standards Code; it is “substantially similar” to the one in place.

DISCUSSION
Under State law, various State agencies have statutory authority to develop building standards, also known as building codes. These standards are updated every three years and are adopted into Title 24 of the California Code of Regulations through the California Building Standards Commission. The California Building Standards are based primarily on model codes developed by national code development organizations known as the International Code Council (Building, Fire, Residential, Swimming Pool and Spa, Wildland Urban Interface, and Property Maintenance Codes), the National Fire Protection Association (Electrical Code), and the International Association of Plumbing and Mechanical Officials (Plumbing and Mechanical Codes). The one exception to this is the Green Building Standards Code, which is developed in its entirety by the State.

As with the State Building standards, the model codes are also updated every three years. Both the model codes and state standards are developed with extensive local government input. Livermore participates in these efforts by providing testimony on behalf of the city, region and state during national model code hearings. The City also represents local government through participation on statewide seismic design, disabled access, and code advisory committees.

Livermore is a founding member city of the Tri-Chapter Uniform Code Adoption committee, a committee comprised of Bay Area cities, whose goal is to promote regional consistency in the local amendment process. These efforts have helped to maintain regional consistency, promoting user-friendly and easily 87 understood construction codes throughout the Bay Area.

In addition, local jurisdictions can adopt code amendments that establish requirements above the minimum State building code requirements. These amendments are called “reach codes” and must be filed with and approved by the California Building Standards Commission (CBSC). A jurisdiction can adopt a reach code at any time; however, the most streamlined approach is to adopt the reach code concurrently with the new state building code.

Livermore’s Draft Climate Action Plan (CAP) calls for the City to adopt reach codes for all-electric buildings and electric vehicle charging in new construction. Conversations with the community during outreach for the CAP revealed overall support for these requirements in new construction. The community expressed concern about applying these requirements to additions or renovations in existing buildings due to costly upgrades that may be required, particularly in older homes with limited electrical capacity. Requiring new construction to be all-electric and to install electrical infrastructure for EV charging upfront is a more cost-effective approach.

Although the recent passage of AB 130 and AB 306 has limited the adoption of new local code amendments, the City of Livermore maintains a robust Reach Code that amended the 2022 Green Building Standards Code. This local Reach Code can remain in effect if it is unchanged from the 2022 update. The City's Reach Code established requirements for all-electric buildings in new construction and enhanced electric vehicle (EV) charging infrastructure, with limited, practical exceptions. These provisions are designed to maximize public health and environmental benefits by promoting all-electric buildings, which improve both indoor and outdoor air quality and reduce greenhouse gas emissions, particularly when powered by carbon-free and renewable energy sources. In addition, the Reach Code positions Livermore to meet the anticipated growth in electric vehicle usage by ensuring adequate charging infrastructure in new development. The Reach Code requirements do not apply to renovations or additions to existing buildings.

Exhibit K highlights the Reach Code provisions, which remain unchanged from 2022, as well as other notable amendments to the code in the areas of Building, Plumbing and Fire.

FISCAL AND ADMINISTRATIVE IMPACTS
The cost of new codebooks and the training of staff are incorporated into the related plan review and permit fee structure.

COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL
14: Update Development Standards, Codes, and Ordinances

ATTACHMENTS

1. Ordinance

2. Exhibit A - Chapter 15.02, Building Code
88 3. Exhibit B - Chapter 15.04, Property Maintenance Code

4. Exhibit C - Chapter 15.06, Fire Code

5. Exhibit D - Chapter 15.08, Electrical Code

6. Exhibit E - Chapter 15.10, Mechanical Code

7. Exhibit F - Chapter 15.12, Plumbing Code

8. Exhibit G - Chapter 15.14, Residential Code

9. Exhibit H - Chapter 15.26, Green Building Standards Code

10. Exhibit I - Chapter 15.92, Swimming pool and Spa Code

11. Exhibit J - Chapter 15.94, Wildland-Urban Interface Code

12. Exhibit K - Notable Amendments to Building Standards Code Prepared by: Franc Moufarrej
Chief Building Official
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
89 1 ORDINANCE NO. _____

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE REVISING AND AMENDING CHAPTERS 15.02 BUILDING CODE,

15.04 PROPERTY MAINTENANCE CODE, 15.06 FIRE CODE, 15.08 ELECTRICAL CODE, 15.10 MECHANICAL CODE, 15.12 PLUMBING CODE,

15.14 RESIDENTIAL CODE, 15.26 GREEN BUILDING STANDARDS CODE, 15.92 SWIMMING POOL AND SPA CODE, AND 15.94 WILDLAND URBAN INTERFACE

CODE IN THE LIVERMORE MUNICIPAL CODE, AND ADOPTING BY REFERENCE,

AND AMENDING BASED UPON LOCAL CLIMATIC, GEOLOGICAL, AND TOPOGRAPHICAL CONDITIONS, THE 2025 CALIFORNIA BUILDING STANDARDS CODE SET FORTH IN TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS AND THE FOLLOWING CODES ADOPTED THEREIN - THE 2024 EDITIONS OF THE

INTERNATIONAL BUILDING CODE, THE INTERNATIONAL FIRE CODE, THE

INTERNATIONAL PROPERTY MAINTENANCE CODE, THE INTERNATIONAL

RESIDENTIAL CODE, THE INTERNATIONAL SWIMMING POOL AND SPA CODE,

THE INTERNATIONAL WILDLAND URBAN INTERFACE CODE,THE UNIFORM PLUMBING CODE, THE UNIFORM MECHANICAL CODE, THE 2023 EDITION OF THE NATIONAL ELECTRICAL CODE, AND THE 2025 CALIFORNIA GREEN

BUILDING STANDARDS CODE
Health and Safety Code Sections 17958 and 17958.5 allow the City of Livermore ("City"), by ordinance, to make modifications or changes to the State Building Standards Code and other regulations adopted pursuant to Health and Safety Code Section 17922.

Health and Safety Code Section 17958.5 requires that such changes be determined to be reasonably necessary because of local climatic, geological, or topographical conditions.

Health and Safety Code Section 17958.7 requires that the City, before making any modifications or changes pursuant to Health and Safety Code Sections 17958 and 17958.5, make an express finding that each such modification or change is needed.

Such findings must be made available as a public record and a copy thereof with each such modification or change shall be filed with the California Building Standards Commission.

The City Council hereby determines that the proposed ordinance establishes requirements greater than those set forth in the 2025 edition of the California Building Standards Code codified in Title 24 of the California Code of Regulations, as adopted by the City of Livermore and set forth in chapters 15.02 Building Code,

15.04 Property Maintenance Code, 15.06 Fire Code, 15.08 Electrical Code,

15.10 Mechanical Code, 15.12 Plumbing Code, 15.14 Residential Code, 15.26 Green Building Standards Code, 15.92 Swimming Pool and Spa Code, 15.94 Wildland Urban Interface Code in the Livermore Municipal Code.
90 2 ORDINANCE NO. _____

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

Section 1. Findings. Amendments of the 2024 International Building Code, the 2024 International Fire Code, the 2024 Uniform Plumbing Code, the 2024 International Residential Code, The 2024 International Swimming Pool and Spa Code, The 2023 National Electrical Code, and the 2025 California Green Building Standards Code are necessary to serve the public interest by reducing the risk to life and property of the citizens of Livermore because of the following conditions:

1. Average yearly rainfall for the City is approximately 16"-18". This rainfall normally occurs from October to April. During the summer months, there is generally no measurable precipitation. Temperatures for this dry period average from 80° to 100° Fahrenheit and are frequently accompanied by light to gusty westerly winds. The City is surrounded by 2300 acres of grasslands, which, in conjunction with the dry and windy climatic conditions, create a hazardous situation that has led to extensive grass and brush fires in recent years. With more development extending from the urban core into the grass covered areas, wind driven fires could lead to severe consequences, as has been the case on several occasions in similar areas of the State. Therefore, additions to the Livermore Building and Fire Codes are necessary.

2. Uniquely for a city of its size, the City is bisected by several topographical features, including two major creeks (Arroyo Las Positas and Arroyo Mocho), one railroad line (Union Pacific) and Interstate, 580. As a result, the City is divided into discrete districts, such as the Springtown area north of the freeway and the residential area southwest of the Arroyo Mocho. Traffic between these districts is channeled into several major thoroughfares which must cross the creeks, railroad tracks, and freeway, by means of bridges, overpasses or underpasses. Heavy traffic congestion on the City's major streets already act as a barrier to timely responses for fire equipment and emergency services. In the event of an accident or other emergency at one of the key points of intersection between a road and creek, or freeway, sections of the City could become isolated, or response time could be sufficiently slowed so as to increase the risk of substantial injury or damage. For example, a routine accident at Holmes Street bridge or First Street overpass would greatly reduce response times to the northeastern or southwestern portions of the City. With the inability of emergency services to guarantee rapid response to various sections of the City, it is necessary to mitigate this problem by requiring additional built-in automatic fire protection systems, which will provide for early detection and initial fire control until the arrival of the firefighting equipment and other emergency services.

The Livermore Valley is subject to ground tremors from large seismic events on the San Andreas, Hayward, and Calaveras faults, the major active faults in the San Francisco Bay Area. In the Valley itself, and adjacent to the City of Livermore, is the active Greenville Fault. The largest recorded earthquake in this immediate area occurred on the San Andreas Fault on October 17, 1989, a 7.1 magnitude. The area also had a sequence of earthquakes on the Greenville Fault in January and February of 1980; these earthquakes 91 3 ORDINANCE NO. _____
had a magnitude of from 5.5 to 5.9 on the Richter Scale. The Mount Diablo thrust fault is also a potentially active fault in the northern end of the valley. Several smaller faults in or around the City include the Las Positas Fault, the Tesla Fault, and the Livermore Fault.

The U.S. Geological Survey (USGS) has identified a 70% probability of a major earthquake occurring in the region within the next 30 years. Recent earthquake damage studies, including the 1994 Northridge earthquake, have indicated the lack of adequate design and detailing as a contributing factor to damages that reduced the protection of the life-safety of building occupants.

The potential for earthquakes influences fire protection planning in several ways. First, a major seismic event would create a city-wide demand on fire protection service which would be beyond the response capacity of the fire department. This potential problem can be mitigated by requiring initial fire control through the installation of automatic fire protection systems.

In addition, the City is adjacent to the Lawrence Livermore National Laboratory and Sandia Laboratory; two facilities engaged in nuclear, energy and scientific research.

Because of the presence at both sites of radioactive and other hazardous materials, the fire department's energy in the wake of an earthquake would have to be focused on stabilizing any problems at these facilities.

This also supports the need for other structures in the City to be capable of at least initial fire suppression capacity. Finally, as demonstrated above, structural damage to the overpass or bridges connecting the City's various areas would seriously delay emergency vehicle access to these areas.

Livermore is located in the Livermore Valley, which has local topographical conditions affecting air quality. The Livermore Valley is a sheltered inland valley near the eastern border of the Bay Area. The western side of the valley is bordered by hills of 1,000 to 1,500 feet in elevation with two gaps connecting the valley to the central Bay area, the Hayward Pass, and Niles Canyon. The eastern side of the valley is also bordered by hills of 1,000 to 1,500 feet in elevation with one major passage to the San Joaquin Valley at the Altamont Pass, and several secondary passages. To the north lies the Black Hills and Mt. Diablo. A northwest to southeast channel connects the Diablo Valley to the Livermore Valley. The south side of the Livermore Valley is bordered by mountains approximately 3,000 to 3,500 feet high. Maximum summer temperatures in the Livermore Valley range from the high-80s to the low-90s, with extremes in the 100s. Winter maximum temperatures range from the high-50s to the low-60s, while minimum temperatures range from the mid-to-high 30s, with extremes in the high teens and low-20s.

The Livermore Valley does have violations of federal and state air quality standards based on these local topographical conditions, as well as local climatic conditions. These local topographical and climatic conditions, combined with the local environmental condition as set forth in the Climate Change Element of the Livermore General Plan (2009), adopted herein by this reference, are the basis for the amendments to the California Building Standards Code. These conditions contribute to the Bay Area's status as a "nonattainment area" under the federal Clean Air Act for ozone and particulate matter and therefore, these air quality considerations require additional Green Building measures to amend the 2022 Green Building Standards Code (CAL Green) and adopt additional 92 4 ORDINANCE NO. _____
measures "Reach Codes" for electrification and Electric Vehicle charging as applicable, to improve indoor air quality, reduce energy usage, decrease greenhouse gas emissions, and expand clean and renewable energy.

1. Section 609.3 of the 2024 Uniform Plumbing Code is amended to prohibit the Installation of water distribution piping under concrete floor slabs within buildings, due to the corrosive nature (on this piping) of the soil within various areas of the City.

2. Article 210.12 of the National Electrical Code is amended to include Arc Fault Circuit Interruption (AFCI) protection to panel changeouts to mitigate fire hazards related to arcing.

For the above reasons, taken individually and cumulatively, the City Council of the City of Livermore finds that there are building and fire hazards, as well as environmental considerations, peculiar to Livermore that require the increased fire protection, structural design, and green building standards set forth in this ordinance.

Section 2. Adoption by Reference and Amendments. The 2025 California Building Standards Code set forth in Title 24 of the California Code of Regulations, and the following codes adopted therein - the 2024 editions of the International Building Code, the International Fire Code, the International Property Maintenance Code, the International Residential Code, the Uniform Plumbing Code, the Uniform Mechanical Code, The Swimming Pool and Spa Code, The Wildland Urban Interface Code, the 2023 edition of the National Electrical Code, and the 2025 California Green Building Code, and amendments thereto set forth in the following chapters of the Livermore Municipal Code that are revised and amended to read as set forth in the corresponding exhibits attached hereto:

Exhibit A: Chapter 15.02, Building Code
Exhibit B: Chapter 15.04, Property Maintenance Code
Exhibit C: Chapter 15.06, Fire Code
Exhibit D: Chapter 15.08, Electrical Code
Exhibit E: Chapter 15.10, Mechanical Code
Exhibit F: Chapter 15.12, Plumbing Code
Exhibit G: Chapter 15.14, Residential Code
Exhibit H: Chapter 15.26, Green Building Standards Code Exhibit I: Chapter 15.92, Swimming Pool and Spa Code
Exhibit J: Chapter 15.94, Wildland Urban Interface Code Section 3. Environmental. The passage of this ordinance is not a project according to the definition in the California Environmental Quality Act and, therefore, is not subject to the provisions requiring environmental review.

Section 4. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts. 93 5 ORDINANCE NO. _____
Section 5. Publication. This ordinance shall be published once in a newspaper of general circulation of the City of Livermore within fifteen days after its adoption.

Section 6. Effective date. This Ordinance shall take effect 30 days after its adoption, but the revised and amended codes will not take effect for enforcement until 12:01 a.m. on January 1, 2026, when the 2025 California Building Standards Code becomes effective. Until that date and time, the chapters amended and revised by this ordinance will remain in full force and effect for enforcement The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on September 8, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Daniel Gonzales________________ Deborah L. Elam Daniel Gonzales
City Clerk Deputy City Attorney
Exhibit A: Chapter 15.02, Building Code
Exhibit B: Chapter 15.04, Property Maintenance Code
Exhibit C: Chapter 15.06, Fire Code
Exhibit D: Chapter 15.08, Electrical Code
Exhibit E: Chapter 15.10, Mechanical Code
Exhibit F: Chapter 15.12, Plumbing Code
Exhibit G: Chapter 15.14, Residential Code
Exhibit H: Chapter 15.26, Green Building Standards Code Exhibit I: Chapter 15.92, Swimming Pool and Spa Code
Exhibit J: Chapter 15.94, Wildland Urban Interface Code 94 EXHIBIT A
Chapter 15.02

BUILDING CODE
Sections:

15.02.010

15.02.020

15.02.030

15.02.040

15.02.050

15.02.060

15.02.070

15.02.080

15.02.090

15.02.100

15.02.110

15.02.120

15.02.130

15.02.140

15.02.150

15.02.160

15.02.170

15.02.180

15.02.010
Title for Citation.

Documents adopted by reference.

Amendments to International Building Code.

CBC Chapter 1, Division II, Title Block amended - Title block.

CBC Chapter 1, Division II, Section 101 amended - General.

CBC Chapter 1, Division II, Section 103 amended - Building and Safety.

CBC Chapter 1, Division 11, Section 105.2 amended - Work exempt from permit.

CBC Chapter 1, Division II, Section 106 amended - Floor and Roof Design Loads.

CBC Chapter 1, Division II, Section 109 amended - Fees.

CBC Chapter 1, Division II, Section 110.3.6 amended - Lath and gypsum board inspections.

CBC Chapter 1, Division II, Section 110.3.9 amended - Energy efficiency inspections.

CBC Sections 903 and 904 amended - Fire Protection Systems.

CBC Section 1505.1 amended - Fire Classification, Roof coverings.

CBC Section 1705.3 amended - Concrete Construction, exception 1.

CBC Section 1905.6.2 amended - Seismic Design Categories C, D, E and F
CBC Section 3109 adopted - Swimming Pools, Spas and Hot Tubs CBC Chapter 31B adopted - Public Pools
Residential building permits issuance limitations.

Title for citation.

This chapter shall be known as the "Building Code," may be cited as such and will be referred to in this chapter as "this code."

15.02.020 Documents adopted by reference.

The International Building Code, 2024 Edition, as amended and set forth in the California Building Standards Code, Title 24 of the California Code of Regulations, published by the International Code Council is hereby adopted, together with Chapter 1 Division II, Scope and Administration and Appendices Chapters C and J, except as set forth in this chapter. 95 EXHIBIT A

15.02.030 Amendments to International Building Code.

The International Building Code (IBC) adopted in this chapter by reference is amended by the following additions, deletions and amendments thereto as set forth in this chapter.

Reference numbers herein are taken from the 2025 California Building Code.

15.02.040 CBC Chapter 1, Division II Scope and Administration amended - Title block.

CBC Chapter 1, Division II, Title block shall be amended to read:

15.02.040 CBC Chapter 1, Division II Title Block shall be amended to read:

CHAPTER 1, DIVISION II

LIVERMORE BUILDING CODE ADMINISTRATIVE PROVISIONS

15.02.050 CBC Chapter 1, Division II, Section 101 amended - General.

CBC Chapter 1, Division II, Section 101 is amended to read:

SECTION 101

GENERAL
101.1 Title. These regulations shall be known as the Livermore Building Code, hereinafter referred to as "this code."
101.2 Scope.

The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exception: Detached one-and two-family dwellings and multiple single-family dwelling (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than 3 stories above grade plane in height, shall comply with this code or the California Residential Code.
101.2.1 Appendices.

Provisions in the appendices shall not apply unless specifically adopted. 96 EXHIBIT A
101.3 Purpose.

The purpose of this code is to establish the minimum requirements to provide a reasonable level of safety, health and general welfare through structural strength, means of egress facilities, stability, sanitation, light and ventilation, energy conservation, energy conservation, and for providing a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions, and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations. 101.4 Referenced codes.

The other codes listed in Sections 101.4.1 through 101.4.8 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.
101.4.1 Gas.

The provisions of the Livermore Plumbing Code and/or the Livermore Mechanical Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.2 Mechanical.

The provisions of the Livermore Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energyrelated systems. 101.4.3 Plumbing.

The provisions of the Livermore Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the Livermore Plumbing Code shall apply to private sewage disposal systems. 101.4.4 Property maintenance.

The provisions of the Livermore Property Maintenance and Building Codes shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.
97 EXHIBIT A
101.4.5 Fire prevention.

The provisions of the Livermore Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.
101.4.6 Energy.

The provisions of the Livermore Energy Code, Title 24, Part 6 shall apply to all matters governing the design and construction of buildings for energy efficiency. 101.4.7 Existing buildings.

The provisions of the Livermore Existing Building Code shall apply to all matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings.
101.4.8 Wildland-urban interface. The provisions of Part 7, the Livermore Wildland-Urban Interface code shall apply to buildings and structures built in the wildland-urban interface (WUI) or a Fire Hazard Severity Zone.

15.02.060 CBC Chapter 1, Division II, Section 103 amended - Building and Safety.

CBC Chapter 1, Division 11, Section 103 is amended to read:

SECTION 103

BUILDING AND SAFETY DIVISION
103.1 Creation of enforcement agency.

The Building and Safety Division is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration, and enforcement of this code.
103.2 Appointment.

The building official shall be appointed by the city manager. 103.3 Deputies.

In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official. 98 EXHIBIT A

15.02.070 CBC Chapter 1, Division II, Section 105.2 amended - Work exempt from permit.

CBC Chapter 1, Division 11, Section 105.2 is amended to read:

Delete all reference to Electrical, Gas, Mechanical, and Plumbing repairs, appliances and fixtures. These items are addressed in the Livermore Electrical, Mechanical and Plumbing Codes.

15.02.080 CBC Chapter 1, Division II, Section 106 amended - Floor and Roof Design Loads.

CBC Chapter 1, Division II, Section 106 is deleted.

15.02.090 CBC Chapter 1, Division II, Section 109 amended - Fees.

CBC Chapter 1, Division II, Section 109 is amended to read:

Fees are to be set by resolution of the Livermore City Council.

All permit fees, development fees and other city fees, including, but not limited to, the tax on construction and traffic impact fees, may be waived for any permit issued for the repair of any structure as required by Chapter 15.24 (Unreinforced Masonry Building Hazard Reduction Program). Fees may be waived for reconstruction of any building removed in accordance with Chapter 15.24 when such building is replaced to replicate the structure to be removed.

15.02.100 CBC Chapter 1, Division II, Section 110.3.6 amended - Lath and gypsum board inspections.

CBC Chapter 1, Division II, Section 110.3.6 is amended to read:
110.3.6 Lath and gypsum board inspection.

The Exception is deleted.

15.02.110 CBC Chapter 1, Division II, Section 110.3.9 amended - Energy efficiency inspections.

CBC Chapter 1, Division II, Section 110.3.9 is amended to read:
110.3.9 Energy efficiency inspections.

Inspections shall be made to determine compliance with Title 24, Part 6 and shall include, but not be limited to, inspections for: envelope insulation R and U values, fenestration U value, duct system R value, and HVAC and water-heating equipment efficiency.
99 EXHIBIT A

15.02.120 CBC Sections 903 and 904 amended - Fire Protection Systems.

Sections 903 and 904 are amended as amended in sections 903 and 904 of the Livermore Fire Code (LMC Chapter 15.06).

15.02.130 CBC Section 1505.1 amended - Fire Classification, Roof coverings.

Section 1505.1 is amended by adding the following paragraph:

Roof covering shall be fire retardant minimum Class B or higher for all buildings regardless of type of construction.

15.02.140 CBC Section 1705.3 amended - Concrete Construction, exception 1.

Section 1705.3, exception 1 is amended to read:

1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f'c, no greater than 2,500 pounds per square inch (psi) (17.2Mpa).

15.02.150 CBC Section 1905.6.2 amended - Seismic Design Categories C, D, E and F Section 1905.6.2 is amended to read:
1905. 6.2 Seismic Design Categories C, D, E and F. Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:

1. Isolated footings of plain concrete supporting pedestals or columns are permitted, provided that the projection of the footing beyond the face of the supported member does not exceed the footing thickness.

Exception: In detached one- and two-family dwellings three stories or less in height, the projection of the footing beyond the face of the supported member is permitted to exceed the footing thickness.

2. Plain concrete footings supporting walls are permitted, provided that the footings have not fewer than two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. For footings that exceed 8 inches (203mm) in thickness, not fewer than one bar shall be provided at the top and bottom of the footing.

Continuity of reinforcement shall be provided at corners and intersections.

15.02.160 CBC Section 3109 adopted - Swimming Pools, Spas and Hot Tubs CBC Section 3109 adopted in its entirety.
100

EXHIBIT A

15.02.170 CBC Chapter 31B adopted - Public Pools
CBC Chapter 31B adopted in its entirety.

15.02.180 Residential building permits issuance limitations.

The following language is inserted in accordance with the provisions of a voter-approved initiative ordinance, dated April 11, 1972.

A. The people of the city find and declare that it is in the best interest of the city, in order to protect the health, safety, and general welfare of the citizens of the city, to control residential building permits in the said city. Residential building permits include single-family residential, multiple residential, and trailer court building permits within the meaning of this code. Additionally, it is the purpose of this initiative measure to contribute to the solution of air pollution in the city.

B. The specific reasons for the proposed petition are that the undersigned believe that the resulting impact from issuing residential building permits at the current rate results in the following problems mentioned below. Therefore, no further residential building permits are to be issued by the said city until satisfactory solutions, as determined in the standards set forth, exist to all the following problems:

1. Educational facilities. No double sessions in the schools or overcrowded classrooms as determined by the California Education Code.

2. Sewage. The sewage treatment facilities and capacities meet the standards set by the Regional Water Quality Control Board.

3. Water supply. No rationing of water with respect to human consumption or irrigation and adequate water reserves for fire protection are existing. 101

EXHIBIT B
Chapter 15.04

PROPERTY MAINTENANCE CODE
Sections:

15.04.010

15.04.020

15.04.030

15.04.040

15.04.050

15.04.060

15.04.070

15.04.080

15.04.090

15.04.100

15.04.010
Title for citation.

Documents adopted by reference.

Amendments to the International Property Maintenance Code.

IPMC Chapter 1 amended.

IPMC Chapter 2 amended.

IPMC Chapter 3 amended.

IPMC Chapter 4 amended.

IPMC Chapter 5 amended.

IPMC Chapter 6 amended.

IPMC Chapter 7 amended.

Title for citation.

This chapter shall be known as the "property maintenance code," may be cited as such and will be referred to in this chapter as "this code."

15.04.020 Documents adopted by reference.

The International Property Maintenance Code, 2024 Edition, published by the International Code Council is hereby adopted. Where this chapter is inconsistent with state law then in that instance the provisions of the state law shall prevail.

15.04.030 Amendments to International Property Maintenance Code.

The International Property Maintenance Code (IPMC) adopted in this chapter by reference is amended by the following additions, deletions and amendments thereto as set forth in this chapter.

15.04.040 IPMC Chapter 1 amended.

Chapter 1 is amended as follows:

Sections 102.3, 102.8, 103, 106, 109.7, 109.8, 110.4, 110.5, 110.6, 111 are deleted.

EXHIBIT B
reference to the International Mechanical Code is replaced by the California Mechanical Code. Each reference to the International Residential Code is replaced by the California Residential Code. Each reference to the International Zoning Code is replaced by the Livermore Development Code.

15.04.050 IPMC Chapter 2 amended.

Chapter 2 is amended as follows:

Each reference to the International Building Code is replaced with The California Building Code. Each reference to the International Existing Building Code is replaced by the California Existing Building Code. Each reference to the International Fire Code is replaced by the California Fire Code. Each reference to the International Fuel Gas and International Plumbing Codes is replaced by the California Plumbing Code. Each reference to the International Mechanical Code is replaced by the California Mechanical Code. Each reference to the International Residential Code is replaced by the California Residential Code. Each reference to the International Zoning Code is replaced by the Livermore Development Code.

15.04.060 IPMC Chapter 3 amended.

Chapter 3 is amended as follows:

Sections 302.4, 302.8, 304.14, 304.18, and 309 are deleted.

Section 303.2 is amended to read:

Every person in possession of land within the city, either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a private or public swimming pool or spa, shall at all times maintain an enclosure and safety device in accordance with chapter 31 Section 3109 (Swimming Pools, Spas and Hot Tubs) and Chapter 31B (public swimming pools) of the California Building Code.

15.04.070 IPMC Chapter 4 amended.

Chapter 4 is amended as follows:

Sections 404.6 and 404.7 are deleted.
103

EXHIBIT B

15.04.080 IPMC Chapter 5 amended.

Chapter 5 is amended as follows:

Each reference to the International Plumbing Code shall be replaced with the California Plumbing Code
Section 506.3 Grease interceptors amend to read:

Grease interceptors shall comply with section 1014 of the California Plumbing Code.

15.04.090 IPMC Chapter 6 amended.

Chapter 6 is amended as follows:

Each reference to the International Mechanical Code is replaced by the California Mechanical Code.

15.04.100 IPMC Chapter 7 amended.

Chapter 7 is amended as follows:

Each reference to the International Building Code is replaced with The California Building Code. Each reference to the International Fire Code is replaced by the California Fire Code. Each reference to the International Residential Code is replaced by the California Residential Code.
104

EXHIBIT C
1 Chapter 15.06

FIRE CODE
INDEX

15.06.010 Title for citation.

15.06.020 Documents adopted by reference.

15.06.030 Amendments to the International Fire Code.

15.06.040 CFC Chapter 1, Division II, 103.1 amended - Creation of agency

15.06.050 CFC Chapter 1, Division II, Table 105.5.9 amended - Permit Amounts for Compressed Gases.

15.06.060 CFC Chapter 1, Division II, Table 105.5.11 amended - Permit Amounts for Cryogenic Fluids.

15.06.070 CFC Chapter 1, Division II, Section 105.5.18 Item 3 amended - Flammable and combustible liquids.

15.06.080 CFC Chapter 1, Division II, Section 105.5.18 Item 12 added - Permit Amounts for Hazardous Materials, Flammable and Combustible Liquids and Gases at Residential Occupancies.

15.06.090 CFC Chapter 1, Division II, Table 105.5.22 amended - Permit Amounts for Hazardous Materials.

15.06.100 CFC Chapter 1, Division II, Section 105.5.59 Item 4 added - Radioactive Materials.

15.06.110 CFC Chapter 1, Division II, Section 112 deleted - Means of Appeals.

15.06.120 CFC Chapter 1, Division II, 113.4 amended- Violation penalties

15.06.130 CFC Chapter 1, Division II, Section 116 added - Unauthorized Discharges.

15.06.140 CFC Chapter 2 Definitions amended - Hazardous Materials

15.06.150 CFC Chapter 2 Definitions amended - Health Hazard

15.06.160 CFC Chapter 2 Definitions added - Maximum Threshold Quantity

15.06.170 CFC Chapter 2 Definitions added - Moderately Toxic Gas

15.06.180 CFC Section 603.10 added - Multiple Sources of Non-Utility Electricity

15.06.190 CFC Section 611 added - Immersion Heaters.

15.06.200 CFC Section 901.6.4 added - Prevention of False Alarms

15.06.210 CFC Section 903.2 amended - Automatic Sprinkler Systems

15.06.220 CFC Section 903.3.1.2.3 amended - NFPA 13R Sprinkler Systems.

15.06.230 CFC Section 903.3.1.3 amended - NFPA 13D Sprinkler Systems.

15.06.240 CFC Section 3208.3.1 amended - Flue space protection.

15.06.250 CFC Section 5001.5.1.1 added - Hazardous Materials Management Plan (HMMP)

15.06.260 CFC Section 5001.5.2.1 added - Hazardous Materials Inventory Statement (HMIS)

15.06.270 CFC Section 5001.5.3 added - Hazardous Materials Business Plan (HMBP) Reporting Thresholds.

15.06.280 CFC Section 5003.2.10 added - Biodiesel and methanol equipment

15.06.290 CFC Section 5003.5.2 added - Ventilation ducting

15.06.300 CFC Section 5003.5.3 added - H Occupancies.

15.06.310 CFC Section 5003.14 added - Automatic Filling of Tanks 105

EXHIBIT C
2 15.06.320

15.06.330

15.06.340

15.06.350

15.06.360

15.06.370

15.06.380

15.06.390

15.06.400

15.06.410

15.06.420

15.06.430

15.06.440

15.06.450

15.06.460

15.06.470

15.06.480

15.06.490

15.06.500

15.06.510

15.06.520

15.06.530

15.06.540

15.06.550

15.06.560

15.06.570

15.06.580

15.06.590

15.06.600

15.06.610

15.06.620

15.06.630

15.06.640

15.06.650

15.06.660

15.06.670

15.06.680
CFC Section 5005.5 added - Emergency Alarms, supervision and monitoring
CFC Section 5601.1.3 added - Fireworks
CFC Section 5704.2.7.5.8 amended - Exception.

CFC Chapter 60 amended - Title
CFC Section 6004.1 amended - General
CFC Section 6004.1.2 amended - Gas Cabinets
CFC Section 6004.1.3 amended - Exhausted Enclosures
CFC Section 6004.1.4 added - Automatic shut-off valve
CFC Section 6004.1.5 added- Annual Maintenance
CFC Section 6004.1.6 added - Maximum threshold quantity CFC Section 6004.1.7 added - Reduced flow valve
CFC Section 6004.1.8 added - Fire extinguishing systems CFC Section 6004.1.9 added - Local gas shut off
CFC Section 6004.1.10 added - Exhaust ventilation monitoring CFC Section 6004.1.11 added - Emergency response plan
CFC Section 6004.1.12 added - Emergency Response Liaisons CFC Section 6004.1.13 added - Emergency Drills
CFC Section 6004.1.14 added - Cylinder leak testing
CFC Section 6004.1.15 added - Inert gas purge system
CFC Section 6004.1.16 added - Seismic shutoff valve
CFC Section 6004.1.17 added - Fittings and connections.

CFC Section 6004.2 amended - Indoor storage and use.

CFC Section 6004.2.1 amended - Applicability
CFC Section 6004.2.1.1 amended - Quantities not exceeding the maximum allowable quantity per control area.

CFC Section 6004.2.1.4 added - Quantities not exceeding minimum threshold quantity per control area.

CFC Section 6004.2.1.5 added - Quantities exceeding minimum threshold quantity per control area.

CFC Section 6004.2.2 amended - General indoor requirements CFC Section 6004.2.2.5 amended - Piping and controls - stationary tanks, Item 1
CFC Section 6004.2.2.7 amended - Treatment systems.

CFC Section 6004.2.2.10.1 amended - Alarms.

CFC Section 6004.3 amended - Outdoor storage and use.

CFC Section 6004.3.1 amended - Applicability
CFC Section 6004.3.1.1 amended - Quantities not exceeding the maximum allowable quantity per control area.

CFC Section 6004.3.1.4 added - Quantities not exceeding the minimum threshold quantity per control area.

CFC Section 6004.3.1.5 added - Quantities exceeding the minimum threshold quantity per control area.

CFC Section 6004.3.2 amended - General outdoor requirements.

CFC Section 6004.3.3 amended - Outdoor storage weather protection for portable tanks and cylinders.
106

EXHIBIT C
3 15.06.010 Title for citation
These regulations shall be known as the "Livermore Fire Code," hereinafter referred to as "this code."

15.06.020 Documents adopted by reference
A. The International Fire Code, 2024 Edition, as amended and set forth in the California Code of Regulations, Title 24, Part 9, published by the International Code Council, is hereby adopted, together with Appendices D, E (informational purposes), F, and H, except as set forth in this chapter.

1. Only those sections, including applicable amendments, of Chapter 4 and Chapter 11 adopted by the California Office of the State Fire Marshal (SFM) as identified in the applicable adoption matrix shall be adopted.

B. The International Fire Code (IFC) adopted by reference for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion in this chapter by reference is amended by the following additions, deletions and amendments thereto as set forth in this chapter. Reference numbers herein are taken from the 2025 California Fire Code.

C. These regulations shall be known as the Livermore Fire Code, hereinafter referred to as "this code."
D. Where there is a reference in the code to the "fire official," "fire code official" or "authority having jurisdiction," it shall mean the "Fire Chief' or, in the absence of the fire chief, the Fire Marshal.

15.06.030 Amendments to the International Fire Code
The 2024 International Fire Code (IFC) adopted in this chapter by reference is amended by the following additions, deletions and amendments thereto as set forth in this chapter. Reference numbers herein are taken from the 2025 California Fire Code.

15.06.040 CFC Chapter 1, Division II, 103.1 amended - Creation of agency Section 103.1 is amended to read:

The Livermore-Pleasanton Fire Department is hereby created and the official in charge thereof shall be known as the fire code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. 107

EXHIBIT C
4 15.06.050 CFC Chapter 1, Division II, Table 105.5.9 amended - Permit Amounts for Compressed Gases
Table 105.5.9 is amended to read:

Type of Gas Amount (cubic feet at NTP)
Carbon dioxide used in carbon dioxide
enrichment systems
875 (100 lb.)
Carbon dioxide used in insulated carbon
dioxide beverage dispensing
applications
875 (100 lb.)
Corrosive 200
Flammable (except cryogenic fluids and
LPG)
200
Highly Toxic Any amount
Inert, carbon dioxide (not otherwise
permitted above), simple asphyxiant and
other gases with a 1,000 cubic foot
threshold for the HMBP program
1,000
Moderately Toxic Any amount
Oxidizing (including oxygen) 200
Pyrophoric Any amount
Toxic Any amount
All other gases not otherwise permitted
above subject to HMBP reporting (per
material)
200

15.06.060 CFC Chapter 1, Division II, Table 105.5.11 amended - Permit Amounts for Cryogenic Fluids.

Table 105.5.11 is amended to read:

Type of Cryogenic Fluid Cubic feet at NTP
Corrosive Any Amount
Flammable Any Amount
Inert, simple asphyxiant, and other gases
with a 1,000 cubic foot threshold for the
HMBP program
1,000
Oxidizing (including oxygen) 200
Physical or health hazard not indicated
above
Any amount
108

EXHIBIT C
5 All other materials not otherwise
permitted above subject to HMBP
requirements (per material)
200

15.06.070 CFC Chapter 1, Division II, Section 105.5.18 Item 3 amended - Flammable and combustible liquids.

Section 105.5.18 Item 3 is amended to read:

3. To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons except for fuel oil in the fuel tanks of portable equipment.

15.06.080 CFC Chapter 1, Division II, Section 105.5.18 Item 12 added - Permit Amounts for Hazardous Materials, Flammable and Combustible Liquids and Gases at Residential Occupancies
Section 105.5.18 Item 12 is added to read:

12. Storage of flammable and combustible liquids and flammable gases at Group R occupancies are limited as follows:

12.1. Outside storage of flammable liquids (including gasoline) is limited to 30 gallons.

12.2. Outside storage of combustible liquids (including diesel and kerosene) is limited to 55 gallons.

Exception: Emergency generators used for life safety purposes.

12.3. Outside storage of compressed and liquefied flammable gas is limited to 15 gallons or 540 cubic feet.

Exceptions:
a. Emergency generators used for life safety purposes.
b. Fixed gas supply for occupancies not provided with natural gases services. Amounts over 1,000 gallons must be approved by the fire official.

12.4. Manufacture of Biodiesel and Methanol at Residential Occupancies.

The manufacture of biodiesel and methanol is prohibited in Residential Occupancies and in U Occupancies associated with Residential Occupancies both inside and outside buildings.

15.06.090 CFC Chapter 1, Division II, Table 105.5.22 amended - Permit Amounts for Hazardous Materials.

Table 105.5.22 is amended to add:
109

EXHIBIT C
6 Moderately toxic gas 20 cubic Feet
Irritants and
Sensitizers
550 gallons (liquids)
5000 pounds (solids)
Other materials
subject to HMBP
requirements
55 gallons (liquids)
500 pounds (solids)

15.06.100 CFC Chapter 1, Division II, Section 105.5.59 Item 4 added- Radioactive Materials.

Section 105.5.59 Item 4 is added to read:

4. Radioactive Materials. To store or handle more than one micro curie (37,000 Becquerel) of radioactive material not contained in a sealed source or more than 1 mill curie (37,000,000 Becquerel) of radioactive material in a sealed source or sources, or any amount of radioactive material for which a specific license from the Nuclear Regulatory Commission is required.

15.06.110 CFC Chapter 1, Division II, Section 112 deleted - Means of Appeals.

Section 112 is deleted.

15.06.120 CFC Chapter 1, Division II, 113.4 amended - Violation penalties Section 113.4 is amended to read:
113.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents, or directive of the fire code official, or of a permit, or certificate used under provisions of this code, shall be punished in accordance with the fines and penalties established by the Livermore Municipal Code and/or, as specified by California Government Code, Section 36900.

Each day that a violation continues after due notice has been served shall be deemed a separate offense.

15.06.130 CFC Chapter 1, Division II, Section 116 added - Unauthorized Discharges.

Section 116 is added to read:

Unauthorized Discharges. The Livermore-Pleasanton Fire Department may charge fees to recover the cost of response to incidents involving the discharge or the threatened discharge of a hazardous (or suspected hazardous) material. 110

EXHIBIT C
7 15.06.140 CFC Chapter 2 Definitions amended - Hazardous Materials The definition of Hazardous Materials is amended as follows:

HAZARDOUS MATERIALS. Those chemicals or substances which are physical hazards or health hazards as defined and classified in this chapter and/or are compressed gases, whether the materials are in usable or waste condition.

15.06.150 CFC Chapter 2 Definitions amended - Health Hazard The definition of Health Hazard is amended as follows:

HEALTH HAZARD. A classification of chemical for which there is statistically significant evidence that acute or chronic health effects are capable of occurring in exposed persons. The term "health hazard" includes chemicals that are moderately toxic, toxic, highly toxic, or corrosive.

15.06.160 CFC Chapter 2 Definitions added - Maximum Threshold Quantity The definition of Maximum Threshold Quantity is added as follows:

Maximum Threshold Quantity. The following formula shall be used to calculate the maximum threshold quantity for toxic, highly toxic, and moderately toxic gases:

Max TQ (lbs.)= LC50 (ppm) x 2 lb.

For gas mixtures containing one or more toxic, highly toxic or moderately toxic components, the LC50 shall be calculated using CGA Standards P-20 and P-23.

15.06.170 CFC Chapter 2 Definitions added - Moderately Toxic Gas The definition of Moderately Toxic Gas is added as follows:

Moderately Toxic Gas. A chemical or substance that has a medial lethal concentration (LC50) in air of more than 2,000 parts per million but not more than 5,000 parts per million by volume of gas or vapor, when administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams each.

15.06.180 CFC Section 603.10 added - Multiple Sources of Non-Utility Electricity Section 603.10 is added to read:
111

EXHIBIT C
8 603.10 Multiple Sources of Non-Utility Electricity. When a facility has more than one source of non-utility-based electrical utility power, including emergency and standby power systems, a written shutdown plan shall be provided. A copy of the plan will be posted at or near the main electrical panel in a location approved by the Fire Department. A copy of the plan will be provided in a format acceptable to the Fire Department.

15.06.190 CFC Section 611 added - Immersion Heaters.

Section 611 is added to read:
611 Immersion Heaters. All electrical immersion heaters used in dip tanks, sinks, vats, and similar operations shall be provided with approved over-temperature controls and low liquid level electrical disconnects. Manual reset of required protection devices shall be provided.

15.06.200 CFC Section 901.6.4 added - Prevention of False Alarms 901.6.4 is added to read:
901.6.4 Prevention of False Alarms.

1. It is unlawful for any property owner or licensed contractor to fail to notify the police/fire department dispatch center prior to any test, installation, repair, modification, addition, or maintenance of any fire alarm or fire extinguishing system which could result in the transmission of an unwanted alarm.

2. The fire department may charge fees that reasonably constitute the cost of response to unwanted alarms when it is determined that the report is malicious or resulting from the failure to maintain a fire protection alarm system.

15.06.210 CFC Section 903.2 amended - Automatic Sprinkler Systems 903.2 is deleted and replaced with the following:
903.2 Where required.

1. Automatic fire extinguishing systems shall be provided in all new buildings and structures, including any detached or attached structure added to a parcel of land already containing automatic extinguishing system protected buildings.

Exception:
a. Detached U Occupancies, other than trash enclosures, that do not exceed 400 square feet of floor area.
b. Trash enclosures that have been exempted by the fire code official or that meet the following conditions:
112

EXHIBIT C
9 i. The enclosure, including the cover and door, are constructed of non-combustible materials.
ii. The enclosure does not exceed 180 square feet in size iii. The enclosure is stand-alone structure, be a minimum of 20 feet from adjacent buildings and a minimum of 10 feet from property line(s).
iv. The enclosure is used exclusively for waste garbage contained within approved trash containers. No outdoor storage is permitted within the trash enclosure,
c. Photo Voltaic Arrays covering parking stalls only.

2. Existing commercial or industrial buildings not currently provided with automatic fire extinguishing systems shall be provided with an automatic fire extinguishing system as follows:
a) When modification to the building results in a 50% or greater increase of the total floor area of the building or brings the over total of floor area of the building to more than 8,000 square feet, the entire building shall be provided with an automatic fire extinguishing system.

Exception:

Additions providing accessory storage space not greater than 500 square feet in area to an existing non-fire sprinklered building or solely for the purpose of providing accessibility shall not result in a requirement that the building be provided with an automatic extinguishing system.
b) When a change in occupancy classification results in an increased fire hazard or-risk to business operations, or increased life safety hazard of the occupants, the new occupancy and all fire areas that the new occupancy exits through shall be provided with an automatic extinguishing system.

Exception:

Public assembly occupancies not exceeding an occupant load of 150, whether occupying an entire building or a portion of a building that located in single story buildings.

3. Existing residential buildings not currently provided with automatic fire extinguishing systems shall be provided with an automatic fire extinguishing system as follows:
a. When a modification or modifications to the building results in a 50% or greater increase of the total original approved floor area of the building. b. In the garage when a new attached or detached garage is added, and the modification does not otherwise require the addition of an automatic fire protection system throughout the building.
113

EXHIBIT C
10 15.06.220 CFC Section 903.3.1.2.3 amended - NFPA 13R Sprinkler Systems.

Section 903.3.1.2.3 is amended to read:
903.3.1.2.3 Attics. Automatic fire sprinklers shall be provided in all attic areas.

15.06.230 CFC Section 903.3.1.3 amended - NFPA 13D Sprinkler Systems.

Section 903.3.1.3 is amended to read:
903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems installed in oneand two-family dwellings; Group R-3; Group R-4, Condition 1; and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D as amended in Chapter 80.

In addition to the provisions of NFPA 13D, the automatic fire sprinkler system shall be designed, and sprinklers shall be installed in the following additional locations:

1. Attic shall be provided intermediate temperature-rated residential fire sprinklers for detection coverage and located at a spacing equivalent to 30 feet by 30 feet centers and maximum of 15 feet from outside walls.

2. Fire sprinklers shall be provided in garages. Fire sprinklers shall be intermediate rated, quick response, with a maximum coverage of 130 square feet per sprinkler.

3. Any bathroom located under a stairway, regardless of the bathroom's size.

4. Any closet located under a stairway regardless of the closet's size or surfacing materials.

15.06.240 CFC Section 3208.3.1 amended - Flue space protection.

Section 3208.3.1 is amended to read:
3208.3.1 Flue space protection. Flue spaces required by Table 3208.3 above the first tier of storage in single-, double- or multiple-row rack storage installation shall be equipped with approved protection devices. Such devices shall not be removed or modified. Such devices must be repaired or replaced if damaged.

15.06.250 CFC Section 5001.5.1.1 added - Hazardous Materials Management Plan (HMMP)
Section 5001.1.1 is added to read:

Hazardous Materials Management Plan (HMMP). The HMMP shall comply with California Health and Safety Code, Chapter 6.95, Sections 25500 through 25545, and California Code of Regulations, Title 19, Division 2, Chapter 4.
114

EXHIBIT C
11 15.06.260 CFC Section 5001.5.2.1 added - Hazardous Materials Inventory Statement (HMIS).

Section 5001.2.1 is added to read:

Hazardous Materials Inventory Statement (HMIS). The HMIS shall comply with California Health and Safety Code, Chapter 6.95, Sections 25500 through 25545, and California Code of Regulations, Title 19, Division 2, Chapter 4.

15.06.270 CFC Section 5001.5.3 added - Hazardous Materials Business Plan (HMBP) Reporting Thresholds.

Section 5001.5.3 is added as follows:

In addition to the reporting requirements of California Health and Safety Code, Chapter

6.95, Sections 25500 through 25545, and California Code of Regulations, Title 19, Division 2, Chapter 4, regulated facilities are required to report any amount of highly toxic, toxic, and moderately toxic gases, oxidizing materials Class 4, oxidizing materials Class 3, unstable (reactive) Class 4, unstable (reactive) Class 3, pyrophoric materials, water reactive Class 3.

15.06.280 CFC Section 5003.2.10 added - Biodiesel and methanol equipment Section 5003.2.10 is added to read:
5003.2.10 Biodiesel and methanol equipment. Biodiesel and methanol manufacturing/processing equipment shall be listed or approved. Such equipment shall at a minimum adequately address electrical system, materials of construction, ventilation, seismic and process control and shut-down safety issues.

15.06.290 CFC Section 5003.5.2 added - Ventilation ducting.

Section 5003.5.2 is added to read:
5003.5.2 Ventilation ducting. Product conveying ducts for venting hazardous materials operations shall be labeled with the hazard class of the material being vented and the direction of flow.

15.06.300 CFC Section 5003.5.3 added - H Occupancies.

Section 5003.5.3 is added to read:
5003.5.3 H Occupancies. In "H" occupancies, all piping and tubing may be required to be identified when there is any possibility of confusion with hazardous materials transport tubing or piping. The identification label must include the product/waste name 115

EXHIBIT C
12 and flow direction indicator. Labels to be placed no less than once every 20 feet of piping and at changes of direction.

15.06.310 CFC Section 5003.14 added - Automatic Filling of Tanks.

Section 5003.14 is added to read:
5003.14 Automatic Filling of Tanks. Systems that automatically fill flammable or combustible liquid tanks shall be equipped with approved overfill protection that sends an alarm signal to a location that is normally occupied during normal business hours and immediately stops the filling of the tank. The alarm signal and automatic shutoff shall be tested in a manner acceptable to the fire code official on an annual basis and records of such testing shall be maintained on-site for a period of five (5) years.

Exception: Emergency generator tanks

15.06.320 CFC Section 5005.5 added - Emergency Alarms, supervision and monitoring
Section 5005.5 is added as follows:
5005.5 Emergency alarms, supervision and monitoring. Emergency alarms, supervision and monitoring shall be provided in accordance with Sections 5004.9 and 5004.10.

15.06.330 CFC Section 5601.1.3 amended - Fireworks.

Section 5601.1.3 is amended as follows:
5601.1.3 Fireworks. The possession, manufacturing, storage, sale, handling, and use of fireworks are prohibited.

Exceptions:

1. Exception 1 is deleted.

2. Exception 2 is deleted.

3. No amendment

4. Exception 4 is deleted.

5. Snap caps and party poppers classified by the California Office of the State Fire Marshal (SFM) as pyrotechnic devices.

15.06.340 CFC Section 5704.2.7.5.8 amended - Exception.

Section 5704.2.7.5.8, Exception, is amended to read:

Exception: Outside aboveground tanks with a capacity of 100 gallons (378 L) or less.
116

EXHIBIT C
13 15.06.350 CFC Chapter 60 Title
Chapter 60's title is hereby amended to read:

CHAPTER 60

HIGHLY TOXIC AND TOXIC MATERIALS

AND MODERATELY TOXIC GASES INCLUDING THOSE USED AS

REFRIGERANTS

15.06.360 CFC Section 6004.1 amended - General
Section 6004.1 is hereby amended to read:
6004.1 General. Materials that are stored and used as a gas whether or not the material meets the definition of a compressed gas, and that meet the definition of a highly toxic, toxic or moderately toxic gas shall comply with Section 6004.

Performance based design alternatives may be used for refrigeration systems.

Moderately toxic gases with an LC50 less than or equal to 3,000 parts per million shall comply with the requirements for toxic gases in Sections 6004.2.2.1 through 6004.2.2.10.4.

Moderately toxic gases with an LC50 more than 3000 parts per million but not greater than 5000 parts per million and exceeding the maximum threshold quantity, as determined by Section 6004.1.6, shall comply with the requirements for toxic gases in Sections 6004.2.2.1 through 6004.2.2.7.

The minimum threshold quantity for highly toxic, toxic and moderately toxic gases, vapors and mists for indoor and exterior storage and use are set forth in Table 6004.1.

Table 6004.1
Minimum Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases
Highly Toxic 0
Toxic 10 cubic feet
Moderately Toxic 20 cubic feet

15.06.370 CFC Section 6004.1.2 amended - Gas Cabinets
Section 6004.1.2 is amended to read:
117

EXHIBIT C
14 6004.1.2 Gas cabinets. Gas cabinets containing highly toxic, toxic or moderately toxic gases shall comply with Section 5003.8.6 and the following requirements:
[balance to remain the same]

15.06.380 CFC Section 6004.1.3 amended - Exhausted Enclosures Section 6004.1.3 is amended to read:
6004.1.3 Exhausted enclosures. Exhausted enclosures containing highly toxic, toxic or moderately toxic gases shall comply with Section 5003.8.5 and the following requirements:
[balance to remain the same]

15.06.390 CFC Sections 6004.1.4 added - Automatic shut-off valve Section 6004.1.4 is added to read:
6004.1.4 Automatic shut-off valve. An automatic shut-off valve, which is of a fail-safe to close design, shall be provided to shut off the supply of highly toxic gases as close as possible to the supply container for any of the following:

1. Activation of a manual fire alarm system.

2. Activation of the gas detection system.

3. Failure of emergency power.

4. Failure of primary containment.

5. Seismic activity.

6. Failure of required ventilation.

7. Manual activation at an approved remote location.

15.06.400 CFC Section 6004.1.5 added - Annual Maintenance Section 6004.1.5 is added to read:
6004.1.5 Annual Maintenance. All safety control systems at a facility shall be maintained in good working condition and tested not less frequently than annually.

Maintenance and testing shall be performed by persons qualified to perform the maintenance and tests. Maintenance records and certifications shall be kept for a minimum of three years and shall be made available to any representative of the Livermore-Pleasanton Fire Department for inspection upon request.

15.06.410 CFC Section 6004.1.6 added - Maximum threshold quantity Section 6004.1.6 is added to read:
118

EXHIBIT C
15 6004.1.6 Maximum threshold quantity. Toxic gases stored or used in quantities exceeding the maximum threshold quantity in a single vessel per control area or outdoor control area or H-Occupancy shall comply with the additional requirements for highly toxic gases of Section 6004 of this code.

Moderately toxic gases stored or used in quantities exceeding the maximum threshold quantity in a single vessel per control area or outdoor control area or H-Occupancy shall comply with the additional requirements for toxic gases of Section 6004 of this code.

15.06.420 CFC Section 6004.1.7 added - Reduced flow valve Section 6004.1.7 is added to read:
6004.1.7 Reduced flow valve. All containers of materials other than lecture bottles containing highly toxic material and having a vapor pressure exceeding 29 psi shall be equipped with a reduced flow valve when available. If a reduced flow valve is not available, the container shall be used with a flow-limiting device. All flow limiting devices shall be part of the valve assembly and visible to the eye when possible; otherwise, they shall be installed as close as possible to the cylinder source.

Exception: When the process use rate is approximately equal to the maximum flow rate of the cylinder/tank valve.

15.06.430 CFC Section 6004.1.8 added - Fire extinguishing systems Section 6004.1.8 Fire extinguishing systems is added to read:
6004.1.8 Fire extinguishing systems. Buildings and covered exterior areas for storage and use areas of materials regulated by this Chapter shall be protected by an automatic fire sprinkler system in accordance with NFPA 13. The design of the sprinkler system for any room or area where highly toxic, toxic and moderately toxic gases are stored, handled or used shall be in accordance with Section 5004.5.

15.06.440 CFC Section 6004.1.9 added - Local gas shut off Section 6004.1.9 Local gas shut off is added to read:
6004.1.9 Local gas shut off. Manual activation controls shall be provided at locations near the point of use and near the source, as approved by the fire code official. The fire code official may require additional controls at other places, including, but not limited to, the entry to the building, storage or use areas, and emergency control stations. Manual activated shut-off valves shall be of a fail-safe-to-close design. 119

EXHIBIT C
16 15.06.450 CFC Section 6004.1.10 added - Exhaust ventilation monitoring Section 6004.1.10 Exhaust ventilation monitoring is added to read:
6004.1.10 Exhaust ventilation monitoring. For highly toxic gases, toxic and moderately toxic gases exceeding minimum threshold quantities, a continuous monitoring system shall be provided to assure that the required exhaust ventilation rate is maintained. The system shall monitor actual air flow in the exhaust system. The monitoring system shall initiate a local alarm. The alarm shall be both visual and audible and shall be designed to provide warning both inside and outside of the interior storage, use, or handling area.

15.06.460 CFC Section 6004.1.11 added - Emergency response plan Section 6004.1.11 Emergency response plan is added to read:
6004.1.11 Emergency response plan. If the preparation of an emergency response plan for the facility is not required by any other law, responsible persons shall prepare, or cause to be prepared, and filed with the fire code official, a written emergency response plan. If the preparation of an emergency response plan is required by other law, a responsible person shall file a copy of the plan with the fire code official.

15.06.470 CFC Section 6004.1.12 added - Emergency Response Liaisons Section 6004.1.12 Emergency Response Liaisons is added to read:
6004.1.12 Emergency Response Liaisons. Responsible persons shall be designated and trained to be liaison personnel for the Livermore-Pleasanton Fire Department.

There persons shall aid the Fire Department in preplanning emergency responses and understanding the materials and operations utilizing the gases.

15.06.480 CFC Section 6004.1.13 added - Emergency Drills Section 6004.1.13 Emergency Drills is added to read:
6004.1.13 Emergency Drills. Emergency drills of the on-site emergency response personnel and liaisons shall be conducted on a regular basis but not less than every six months. Records of drills conducted shall be maintained for three years.

15.06.490 CFC Section 6004.1.14 added - Cylinder leak testing Section 6004.1.14 Cylinder leak testing is added to read:
120

EXHIBIT C
17 6004.1.14 Cylinder leak testing. Cylinders shall be tested for leaks immediately upon delivery and again immediately prior to departure. Testing shall be approved by the fire code official in accordance with appropriate nationally recognized industry standards and practices, if any. Appropriate remedial action shall be immediately undertaken when leaks are detected.

15.06.500 CFC Section 6004.1.15 added - Inert gas purge system Section 6004.1.15 is added to read:
6004.1.15 Inert gas purge system. Gas systems shall be provided with dedicated inert gas purge systems. A dedicated inert gas purge system may be used to purge more than one gas, provided the gases are compatible. Purge gas systems inside buildings shall be located in an approved gas cabinet unless the system operates by vacuum demand.

Exception: Refrigeration systems.

15.06.510 CFC Section 6004.1.16 added - Seismic shutoff valve Section 6004.1.16 is added to read:
6004.1.16 Seismic shutoff valve. An automatic seismic shut-off valve, which is of a fail-safe to close design, shall be provided to shutoff the supply of highly toxic, toxic and moderately toxic gases with an LC50 less than 3,000 parts per million upon a seismic event within 5 seconds of a horizontal sinusoidal oscillation having a peak acceleration of 0.3G (1.47m/sec2) and a period of 0.4 seconds.

15.06.520 CFC Section 6004.1.17 added - Fittings and connections.

Section 6004.1.17 is added to read:
6004.1.17 Fittings and connections. Fittings and connections shall be located in a gas cabinet, exhausted enclosure, gas room or exhausted valve manifold box.

Exception: Welded connections.

15.06.530 CFC Section 6004.2 amended - Indoor storage and use.

Section 6004.2 is amended to read:

The indoor storage or use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Sections 6004.2.1 through 6004.2.2.10.4. 121

EXHIBIT C
18 15.06.540 CFC Section 6004.2.1 amended - Applicability Section 6004.2.1 is amended to read:
6004.2.1 Applicability. The applicability of regulations governing the indoor storage and use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Sections 6004.2.1.1 through 6004.2.1.5.

15.06.550 CFC Section 6004.2.1.1 amended - Quantities not exceeding the maximum allowable quantity per control area.

Section 6004.2.1.1 is amended to read:
6004.2.1.1 Quantities not exceeding the maximum allowable quantity per control area. The indoor storage or use of highly toxic and toxic compressed gases in amounts not exceeding the maximum allowable quantity per control area set forth in Table 5003.1.1(2) shall be in accordance with Sections 5001, 5003, 6001, 6004.1, 6004.2.1.4 and 6004.2.1.5.

15.06.560 CFC Section 6004.2.1.4 added - Quantities not exceeding minimum threshold quantity per control area.

Section 6004.2.1.4 is added to read:
6004.2.1.4 Quantities not exceeding minimum threshold quantity per control area. The indoor storage or use of highly toxic, toxic and moderately toxic gases in amounts not exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, and 6004.1 and Chapter 50.

15.06.570 CFC Section 6004.2.1.5 added - Quantities exceeding minimum threshold quantity per control area.

Section 6004.2.1.5 is added to read:
6004.2.1.5 Quantities exceeding the minimum threshold quantity per control area. The indoor storage or use of highly toxic, toxic and moderately toxic gases in amounts exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, 6004.1, 6004.2 and Chapter 50.

15.06.580 CFC Section 6004.2.2 amended - General indoor requirements. 122

EXHIBIT C
19 Section 6004.2.2 is amended to read:
6004.2.2 General indoor requirements. The general requirements applicable to the indoor storage and use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Sections 6004.2.2.1 through 6004.2.2.10.3.

Moderately toxic gases shall not be considered as toxic gases for maximum allowable quantities determinations under Table 5003.1.1(2).

15.06.590 CFC Section 6004.2.2.5 amended - Piping and controls -stationary tanks, Item 1
Section 6004.2.2.5 Piping and controls - stationary tanks, Item 1 is amended by deleting the exception
CFC Section 6004.2.2.5 Piping and controls -stationary tanks

1. Pressure relief devices shall be vented to a treatment system designed in accordance with Section 6004.2.2.7
Delete exception.

15.06.600 CFC Section 6004.2.2.7 amended - Treatment systems.

Section 6004.2.2.7 is amended to delete exception 2:
6004.2.2.7 Treatment systems - Delete Exception 2.

15.06.610 CFC Section 6004.2.2.10.1 amended - Alarms.

Section 6004.2.2.10.1 is amended to delete the exception:
6004.2.2.10.1 Alarms. Delete Exception.

15.06.620 CFC Section 6004.3 amended - Outdoor storage and use.

Section 6004.3 is amended to read:
6004.3 Outdoor storage and use. The outdoor storage or use of highly toxic, toxic and moderately toxic gases shall be in accordance with Sections 6004.3.1 through 6004.3.4.

The minimum threshold quantity for highly toxic, toxic and moderately toxic gases for outdoor storage and use are set forth in Table 6004.1.
123

EXHIBIT C
20 15.06.630 CFC Section 6004.3.1 amended - Applicability Section 6004.3.1 is amended to read:
6004.3.1 Applicability. The applicability of regulations governing the outdoor storage and use of highly toxic, toxic, and moderately toxic gases shall be as set forth in Sections 6004.3.1.1 through 6004.3.1.5.

15.06.640 CFC Section 6004.3.1.1 amended - Quantities not exceeding the maximum allowable quantity per control area.

Section 6004.3.1.1 is amended to read:
6004.3.1.1 Quantities not exceeding the maximum allowable quantity per control area. The outdoor storage or use of highly toxic and toxic gases in amounts exceeding the threshold quantity per control area set forth in Table 5003.1.1(4) shall be in accordance with Sections 5001, 5003, 6001, 6004.1, and 6004.3.1.4 and 6004.3.1.5.

15.06.650 CFC Section 6004.3.1.4 added Quantities not exceeding the minimum threshold quantity per control area.

Section 6004.3.1.4 is added to read:
6004.3.1.4 Quantities not exceeding the minimum threshold quantity per control area. The outdoor storage or use of highly toxic, toxic and moderately toxic gases in amounts not exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, 6004.1 and Chapter 50.

15.06.660 CFC Section 6004.3.1.5 added - Quantities exceeding the minimum threshold quantity per control area.

Section 6004.3.1.5 is added to read:
6004.3.1.5 Quantities exceeding the minimum threshold quantity per control area. The outdoor storage or use of highly toxic, toxic and moderately toxic gases in amounts exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, 6004.1, 6004.3 and Chapter 50. 124

EXHIBIT C
21 15.06.670 CFC Section 6004.3.2 amended - General outdoor requirements.

Section 6004.3.2 is amended to read:
6004.3.2 General outdoor requirements. The general requirements applicable to the outdoor storage and use of highly toxic, toxic and moderately toxic gases shall be in accordance with Sections 6004.3.2.1 through 6004.3.2.4.

Moderately toxic gases with an LC50 equal to or less than 3000 parts per million shall comply with the requirements for toxic gases in Sections 5001, 5003, 6001, 6004.1 and 6004.3.

Moderately toxic gases with an LC50 more than 3000 parts per million but not greater than 5000 parts per million and exceeding the maximum threshold quantity, as determined by 6004.1.6, shall comply with the requirements for toxic gases in Sections 5001, 5003, 6001, 6004.1 and 6004.3.2.1 through 6004.3.2.4.

Moderately toxic gases shall not be considered as toxic gases for maximum allowable quantities determinations under Table 5003.1.1(2).

15.06.680 CFC Section 6004.3.3 amended - Outdoor storage weather protection for portable tanks and cylinders.

Section 6004.3.3 is amended to read:
6004.3.3 Outdoor storage weather protection for portable tanks and cylinders. Weather protection in accordance with Section 5004.13 shall be provided for portable tanks and cylinders located outdoors and not within gas cabinets or exhausted enclosures. The storage area shall be equipped with an approved automatic sprinkler system in accordance with Section 5004.5.

Delete Exceptions.
125

EXHIBIT D
Chapter 15.08

ELECTRICAL CODE
Sections:

15.08.010

15.08.020

15.08.030

15.08.040

15.08.050

15.08.010
Title for citation.

Documents adopted by reference.

Amendments to the National Electrical Code.

Connection to energy source - Conditions.

Article 210.12 amended – Arc-Fault Circuit-Interrupter Protection Title for citation.

This chapter shall be known as the "electrical code," may be cited as such and will be referred to in this chapter as "this code."

15.08.020 Documents adopted by reference.

The National Electrical Code, 2023 Edition, as amended and set forth in the California Building Standards Code, Title 24 of the California Code of Regulations, published by the National Fire Protection Association is hereby adopted.

15.08.030 Amendments to the National Electrical Code.

The National Electrical Code adopted by reference is amended by the following additions, deletions and amendments thereto as set forth in this chapter. Reference numbers herein are taken from the 2025 California Electrical Code, Title 24 of the California Code of Regulations.

15.08.040 Connection to energy source - Conditions.

A. It is unlawful for any person, firm or corporation to make connection from a source of electrical energy or to supply electrical service to any electrical wiring or equipment, for the installation of which a permit is required, unless authorized by the building official.

B. When the electrical wiring and equipment is found to be in conformity with the provisions of this code, the building official shall indicate such approval by signing and dating the permit card and, if the building or premises containing the electrical installation has been approved by the building official for occupancy, the building official shall notify the serving electrical utility of such approval and shall authorize the connection of the installation to the source of supply. 126

EXHIBIT D
C. When a building has not been approved for occupancy, the building official may authorize temporary connection of approved electrical installation, or portions thereof, to a source of energy for purposes of testing equipment, providing light to facilitate completion of such building, or similar purposes, provided the owner has filed a statement with the building official certifying that the building will not be occupied for purposes other than doing work necessary to complete the building.

15.08.050 Article 210.12 amended – Arc-Fault Circuit-Interrupter Protection Article 210.12 is amended to read:

Arc-fault circuit-interrupter (AFCI) protection shall be installed in accordance with 210.12(B) through (E) by any of the means described in 210.12 (A)(1) through (A)(6). The AFCI shall be listed and installed in a readily accessible location. The requirements of Article 210.12 shall apply to panelboard changeouts.
127

EXHIBIT E
Chapter 15.10

MECHANICAL CODE
Sections:

15.10.010

15.10.020

15.10.030

15.02.040

15.02.050

15.02.060

15.02.070

15.10.010
Title for citation.

Document adopted by reference.

Amendments to Uniform Mechanical Code
CMC Chapter 1, Division II Scope And Administration Section 104.4.6 deleted - Retention of Plans.

CMC Chapter 1, Division II Scope And Administration Section 104.5 amended - Fees. CMG Chapter 1, Division II Administration Section 106.3 amended - Penalties.

CMC Chapter 1, Division II Scope And Administration Section 107.0 deleted - Board of Appeals.

Title for citation.

This chapter shall be known as the "mechanical code," may be cited as such and will be referred to in this chapter as "this code."

15.10.020 Document adopted by reference.

The Uniform Mechanical Code, 2024 Edition, as amended and set forth in the California Building Standards Code, Title 24 of the California Code of Regulations, published by the International Association of Plumbing and Mechanical Officials together with Chapter 1 Division II, Administration is hereby adopted.

15.02.030 Amendments to Uniform Mechanical Code.

The Uniform Mechanical Code (UMC) adopted in this chapter by reference is amended by the following additions, deletions and amendments thereto as set forth in this chapter.

Reference numbers herein are taken from the 2025 California Mechanical Code (CMC).

15.02.040 CMC Chapter 1, Division II Scope And Administration Section 104.4.6 deleted - Retention of Plans.

Section 104.4.6 Retention of Plans is hereby deleted.
128

EXHIBIT E

15.02.050 CMC Chapter 1, Division II Scope And Administration Section 104.5 amended - Fees.

Section 104.5 Fees is amended to read:

Fees are to be set by resolution of the Livermore City Council.

15.02.060 CMC Chapter 1, Division II Scope And Administration Section 106.3 amended - Penalties.

Section 106.3 Penalties is amended to read:

Any person, firm, or corporation violating a provision of this code shall be subject to penalties prescribed in the Livermore Municipal Code Chapters 1.16 and 1.20.

15.02.070 CMC Chapter 1, Division II Scope And Administration Section 107.0 deleted - Board of Appeals.

Section 108.0 Board of Appeals is hereby deleted.
129

EXHIBIT F
Chapter 15.12

PLUMBING CODE
Sections:

15.12.010

15.12.020

15.12.030

15.12.040

15.12.050

15.12.060

15.12.070

15.12.080

15.12.090

15.12.010
Title for citation.

Document adopted by reference.

Amendments to Uniform Plumbing Code.

CPC Chapter 1, Division II S c o p e A nd Administration Section 104.4.6 deleted - Retention of Plans
CPC Chapter 1, Division II Scope And Administration Section 104.5 amended - Fees. CPC Chapter 1, Division II Scope And Administration Section 106.3 amended - Penalties.

CPC Chapter 1, Division II Scope And Administration Section 107.0 deleted -Board of Appeals.

CPC Chapter 1, Division II Scope And Administration Section 108 added - Disconnection.

CPC Section 609.3 amended - Under Concrete Slab
Title for citation.

This chapter shall be known as the "plumbing code," may be cited as such and will be referred to in this chapter as "this code."

15.12.020 Document adopted by reference.

The Uniform Plumbing Code, 2024 Edition, as amended and set forth in the California Building Standards Code, Title 24 of the California Code of Regulations, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted,-except as hereinafter amended in this chapter.

15.12.030 Amendments to Uniform Plumbing Code.

The Uniform Plumbing Code (UPC) adopted herein by reference is hereby amended by the following additional deletions and amendments thereto as set forth in this chapter.

Reference numbers herein are taken from the 2025 California Plumbing Code, (CPC) Title 24 of the California Code of Regulations.

15.12.040 CPC Chapter 1, Division II Scope And Administration Section 104.4.6 deleted - Retention of Plans.

Section 104.4.6 Retention of Plans is hereby deleted.
130

EXHIBIT F

15.12.050 CPC Chapter 1, Division II Scope And Administration Section 104.5 amended - Fees.

Section 104.5 Fees is amended to read:

Fees are to be set by resolution of the Livermore City Council.

15.12.060 CPC Chapter 1, Division II Scope And Administration Section 106.3 amended - Penalties.

Section 106.3 Penalties is amended to read:

Any person, firm, or corporation violating a provision of this code shall be subject to penalties prescribed in the Livermore Municipal Code Chapters 1.16 and 1.20.

15.12.070 CPC Chapter 1, Division II Scope And Administration Section 107.0 deleted - Board of Appeals.

Section 107.0 Board of Appeals is hereby deleted.

15.12.080 CPC Chapter 1, Division II Scope And Administration Section 108 added - Disconnection.

Section 108 Disconnection is added to read:

The building official is authorized to order discontinuance of utility service to any buildings or structure which has been declared by the building official to be unsafe to occupy. No person, firm or corporation shall reconnect or supply service to such building without first having received express authorization from the building official.

15.12.090 CPC Section 609.3 amended - Under Concrete Slab.

Section 609.3 is amended to read:

Water distribution systems shall not be installed under a concrete floor slab within a building.
131

EXHIBIT G
`
Chapter 15.14

RESIDENTIAL
CODE
Sections:

15.14.010

15.14.020

15.14.030

15.14.040

15.14.050

15.14.060

15.14.070

15.14.080

15.14.090

15.14.100

15.14.110

15.14.120

15.14.130

15.14.140

15.14.150

15.14.160

15.14.170

15.14.010
Title for citation.

Document adopted by reference.

Amendments to International Residential Code.

CRC Chapter 1, Division II amended - Title block.

CRC Chapter 1, Division II, Section 101.1 amended - Title CRC Chapter 1, Division II, Section R102 amended - Applicability CRC Chapter 1, Division II, Section 103 amended -Code Compliance Agency CRC Chapter 1, Division II, Section R105 amended - Permits.

CRC Chapter 1, Division II, Section R107 deleted - Temporary Structures and Uses
CRC Chapter 1, Division II, Section R108 amended - Fees CRC Chapter 1, Division II, Section R110 amended - Certificate of Occupancy
CRC Chapter 1, Division II, Section R112 deleted – Means of Appeals CRC Chapter 1, Division II, Section R113 amended - Violations CRC Chapter 1, Division II, Section R114 amended – Stop Work Order CRC Table R301.2 amended - Climatic and Geographic Design Criteria CRC Section R403.1.3 amended - Footing and stem wall reinforcing in Seismic Design Categories D0, D1, D2.

CRC Section R902.1 amended - Roofing Assemblies.

Title for citation.

This chapter shall be known as the "Residential Code," may be cited as such and will be referred to in this chapter as "this code."

15.14.020 Documents adopted by reference.

The International Residential Code, 2025 Edition, as amended and set forth in the California Building Standards Code, Title 24 of the California Code of Regulations, published by the International Code Council is hereby adopted together with Chapter 1 Division II, Administration.

15.14.030 Amendments to International Residential Code.

The International Residential Code adopted herein by reference is hereby amended by the following additional deletions and amendments thereto as set forth in this chapter.

Reference numbers herein are taken from the 2025 California Residential Code (CRC), Title 24 of the California Code of Regulations.
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15.14.040 CRC Chapter 1, Division II amended -Title block.

CRC Chapter 1, Division II, Title block shall be amended to read:

CHAPTER 1, DIVISION II

LIVERMORE RESIDENTIAL CODE ADMINISTRATIVE PROVISIONS

15.14.050 CRC Chapter 1, Division II, Section 101.1 amended - Title.

CRC Chapter 1, Division II, Section 101.1 is amended to read:

R101.1 Title. These provisions shall be known as the "Residential Code for One-and Two- family Dwellings of the "City of Livermore" and shall be cited as such and will be referred to hereinafter as "this code."

15.14.060 CRC Chapter 1, Division II, Section R102 amended - Applicability R102.6 Existing Structures is amended to read:

The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the Livermore Property Maintenance Code or the Livermore Fire Code, or as deemed necessary by the building official for the general safety and welfare of the occupants and the public.

15.14.070 CRC Chapter 1, Division II, Section 103 amended – Code Compliance Agency.

CBC Chapter 1, Division II, Section 103 is amended to read:

SECTION 103

CODE COMPLIANCE AGENCY
R103.1 Creation of agency is amended to read:

The Building and Safety Division is hereby created and the official in charge thereof shall be known as the building official. The function of the Building and Safety Division shall be the implementation, administration and enforcement of the provisions of this code.

R103.2 Appointment is amended to read:

The building official shall be appointed by the city manager. 133

EXHIBIT G
R103.3 Deputies is amended to read:

15.14.080 CRC Chapter 1, Division II, Section R105 amended - Permits.

R105.2 Work exempt from permits is amended to read:

Delete all reference to Electrical, Gas, Mechanical, and Plumbing repairs, appliances and fixtures. These items are addressed in the Livermore Electrical, Mechanical and Plumbing Codes.

Delete:

The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective, and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement of valves, pipes or fixtures.

R105.2.1 Emergency repairs is deleted.

R105.2.2 Repairs is deleted.

15.14.090 CRC Chapter 1, Division II, Section R107 deleted - Temporary Structures And Uses
R107 Temporary Structures And Uses is deleted.

15.14.100 CRC Chapter 1, Division II, Section R108 amended - Fees R108 Fees is amended to read:

Fees are to be set by resolution of the Livermore City Council. 134

EXHIBIT G

15.14.110 CRC Chapter 1, Division II, Section R110 amended- Certificate of Occupancy
R110.1 Use and change of occupancy is amended to read:

Newly constructed one or two family dwellings shall not be used or occupied until the building official has issued a certificate of occupancy therefore provided herein.

Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.

15.14.120 CRC Chapter 1, Division II, Section R112 deleted – Means of Appeals
R112 Board of Appeals is deleted.

15.14.130 CRC Chapter 1, Division II, Section R113 amended – Violations R113.2 Notice of violation is deleted.

R113.2 Prosecution of violation is deleted.

R113.4 Violation penalties is amended to read:

Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code shall be subject to penalties prescribed in the Livermore Municipal Code Chapters

1.16 and 1.20.

15.14.140 CRC Chapter 1, Division II, Section R114 amended – Stop Work Order
R114.4 Failure to Comply is amended to read:

Any person who shall continue work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties prescribed in the Livermore Municipal Code Chapters 1.16 and 1.20. 135

EXHIBIT G

15.14.150 CRC Table R301.2 amended- Climatic and Geographic Design Criteria
Table R301.2 is amended to read:

TABLE R301.2 CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

15.14.160 CRC Section R403.1.3 amended – Footing and stem wall reinforcing in Seismic Design Categories D0, D1, D2.

Section R403.1.3 is amended to read:

R403.1.3 Seismic Reinforcing. Concrete footings located in Seismic Design Categories D0, 01 and 02, as established in Table R301.2, shall have minimum reinforcement of at least two continuous longitudinal reinforcing bars not smaller than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.

In Seismic Design Categories D0, D1 and D2 where a grouted masonry stem wall is supported on a concrete footing and stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing and have a standard hook.

In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and vertical reinforcing are not permitted.

15.14.0170 CRC Section R902.1 amended – Roof Assemblies.

Section R902.1 is amended to read:

Roof coverings. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in Livermore. Roofing shall be tested and listed in accordance with UL790 or ASTM E 108. Where required, the roof assembly shall be listed and identified as to class by an approved testing agency.
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EXHIBIT H
Chapter 15.26

GREEN BUILDING STANDARDS CODE
Sections:

15.26.010

15.26.020

15.26.030

15.26.040

15.26.050

15.26.060

15.26.070

15.26.080

15.26.090

15.26.100

15.26.110

15.26.120

15.26.130

15.26.140

15.26.150

15.26.160

15.26.170

15.26.180

15.26.190

15.26.200

15.26.210

15.26.220

15.26.230

15.26.240

15.26.250

15.26.260
Title for citation.

Document adopted by reference.

Amendments to California Green Building Standards Code.

GBSC Section 202 amended - Definitions
GBSC Section 304.1.2 added - Alternate methods.

GBSC Section 4.106.1 amended - General.

GSBC Section 4.106.4 amended - Electric vehicle (EV) charging for new construction.

GBSC section 4.106.4.1 amended- New one- and two-family dwellings and townhouses with attached private garages
GBSC section 4.106.4.2 amended-New multifamily dwellings, hotels and motels and new residential parking facilities
GBSC section 4.106.4.2.2 deleted – Multifamily dwellings GBSC section 4.106.4.2.2.1 amended - Electric vehicle charging stations (EVCS)
GBSC section 4.106.4.2.2.1.2 deleted - Accessible electric vehicle charging station Spaces
GBSC section 4.106.4.2.5 deleted - Electric vehicle ready space signage GBSC section 4.106.4.2.6 deleted – Hotels and motels
GBSC section 4.106.4.4 amended - Bicycle parking
GBSC Section 4.106.5 added - All-electric buildings
GBSC Section 4.106.5.1 added - New construction
GBSC Section 4.106.5.2 added - Requirements for combustion equipment.

GSBC Section 5.106.5.3 amended - Electric vehicle (EV) charging.

GSBC Section 5.106.5.3.1 amended - EV capable spaces.

GSBC Section 5.106.5.3.2 amended - Electric vehicle charging stations (EVCS)
GSBC Section 5.106.5.3.3 amended - Use of automatic load management systems (ALMS).

GSBC Section 5.106.5.3.4 amended - Accessible electrical vehicle charging stations (EVCS)
GSBC Section 5.106.13 added - All-electric buildings.

GSBC Section 5.106.13.1. added - New construction.

GSBC Section 5.106.13.2. added - Requirements for combustion equipment. 137

EXHIBIT H

15.26.010 Title for citation.

This chapter shall be known as the "Green Building Standards Code," may be cited as such and will be referred to in this chapter as "this code."

15.26.020 Documents adopted by reference.

The Green Building Standards Code, 2025 Edition, as set forth in the California Building Standards Code (GBSC), Title 24 of the California Code of Regulations, published by the State of California is hereby adopted.

15.26.030 Amendments to the California Green Building Standards Code.

The Green Building Standards Code adopted herein by reference is hereby amended by the following additions, deletions, and amendments thereto as set forth in this chapter.

15.26.040 GBSC Section 202 amended - Definitions.

Section 202 is amended to add, amend, or delete the following definitions:

Section 202 is amended to add the following definitions:

AFFORDABLE HOUSING. Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed by local agencies to be affordable based on area median income.

ALL-ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for combustion equipment serving space heating (including fireplaces), water heating (including pools and spas), cooking appliances (including barbeques), and clothes drying, within the building or building property lines, and instead uses electric heating appliances for service.

COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.

COMMERCIAL FOOD HEAT-PROCESSING EQUIPMENT. An equipment used in a food establishment for heat-processing food or utensils and that produces grease vapors, steam, fumes, smoke, or odors that are required to be removed through a local exhaust ventilation system, as defined in the California Mechanical Code. 138

EXHIBIT H
ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.

FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these.

DIRECT CURRENT FAST CHARGING (DCFC). A parking space provided with electrical infrastructure that meets the following conditions:
i. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring. ii. Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.

LEVEL 2 EV CAPABLE. A parking space provided with electrical infrastructure that meets the following requirements:
i. Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space. ii. The conduit shall be designed to accommodate at least 8.3 kVa (208/240 volt, 40- ampere) per parking space. Conduit shall have a minimum nominal trade size of 1 inch inside diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Conduit shall be installed at a minimum in spaces that will be inaccessible after construction, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits, and such additional elements deemed necessary by the Building Official. Construction documents shall indicate future completion of conduit from the panel to the parking space, via the installed inaccessible conduit.
iii. The electrical panel shall reserve a space for a 40-ampere overcurrent protective device space(s) for EV charging, labeled in the panel directory as "EV CAPABLE." iv. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.
v. The parking space shall contain signage with at least a 12" font adjacent to the parking space indicating the space is EV Capable.

LEVEL 1 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring. ii. A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40- ampere) at each parking space.
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EXHIBIT H
LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring. ii. A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.

LOW POWER LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring. ii. A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40- ampere) at each parking space.

Section 202 is amended to amend the following definitions:

AUTOMATIC LOAD MANAGEMENT SYSTEM (ALMS). A control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, panels and to share electrical capacity and/or automatically manage power at each connection point. ALMS systems shall be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.

ELECTRIC VEHICLE CHARGING STATION (EVCS). A parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.

Section 202 is amended to delete the following definitions:

ELECTRIC VEHICLE (EV) READY SPACE. [HCD]
ELECTRIC VEHICLE (EV) CAPABLE SPACE.

LEVEL 2 ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). [HCD] LOW POWER LEVEL 2 ELECTRIC VEHICLE (EV) CHARGING RECEPTACLE. [HCD]
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EXHIBIT H

15.26.050 GBSC Section 304.1.2 added - Alternate methods.

Section 304.1.2 is added to read:

Alternate Methods. As an alternative to achieving compliance with the Green Building Standards Code requirements, a project may instead achieve compliance through; (i) the United States Green Building Council's Leadership in Energy and Environmental Design (LEED), (ii) Build It Green's Green Point Rating System; or (iii) another recognized and approved third party green building standards and rating system. Equivalency to the Green Building Standards Code shall be evaluated, detailed and certified by the design professional.

15.26.060 GBSC Section 4.106.1 amended - General.

Section 4.106.1 is amended to read:

General: Preservation and use of the available natural resources shall be accomplished through evaluation and careful planning to minimize negative effects on the site and adjacent areas. Preservation of slopes, management of storm water drainage and erosion controls shall comply with this section, and the provisions of the Stormwater Management and Control Program (Municipal Code chapter 13.45).

15.26.070 GSBC Section 4.106.4 amended - Electric vehicle (EV) charging for new construction.

Section 4.106.4 is amended to read:

New construction shall comply with Section 4.106.4.1 or 4.106.4.2 to facilitate future installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. Signage for EVCS and EV Ready spaces shall be identified by signage or pavement markings, in compliance with Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

Exceptions:

1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:
141

EXHIBIT H

1.1.Where there is no local utility power supply, or the local utility is unable to supply adequate power.

1.2.Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 4.106.4, may increase construction cost by an average of $4,500 per parking space for market rate housing or $400 per parking space for affordable housing. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.

2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities.

3. Multifamily residential R-2 building projects that have approved entitlements before the code effective date.

15.26.080 GBSC section 4.106.4.1 amended- New one- and two-family dwellings and townhouses with attached private garages
Section 4.106.4.1 is amended to read:

One parking space provided per unit shall be a Level 2 EV Ready space. If a second parking space is provided, it shall be provided with a Level 2 EV Ready space.

Exception: Accessory Dwelling Units with new parking facilities shall provide one Level 2 EV Capable space.

Delete Exception and sub-section 4.106.4.1.1 Identification

15.26.090 GBSC section 4.106.4.2 amended- New multifamily dwellings, hotels and motels and new residential parking facilities
Section 4.106.4.2 is amended to read:

Fifteen percent (15%) of dwelling units with parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging.

Eighty-five percent (85%) of dwelling units with parking spaces shall be provided with a Low Power Level 2 EV Ready space. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 4.106.4.2.
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EXHIBIT H
EV Ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A. EVCS shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B.

15.26.100 GBSC section 4.106.4.2.2 deleted - Multifamily dwellings Section 4.106.4.2.2 is deleted.

15.26.110 GBSC section 4.106.4.2.2.1 amended - Electric Vehicle Charging Stations (EVCS)
Section 4.106.2.2.1 is amended to read:

Electric vehicle charging stations required by Section 4.106.4.2 shall comply with Section 4.106.4.2.2.1.1.

Exception: Electric vehicle charging stations serving public accommodations, public housing, motels and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.

15.26.120 GBSC section 4.106.4.2.2.1.2 deleted - Accessible electric vehicle charging station Spaces
Section 4.106.4.2.2.1.2 is deleted.

15.26.130 GBSC section 4.106.4.2.5 deleted - Electric Vehicle Ready Space Signage
Section 4.106.4.2.5 is deleted.

15.26.140 GBSC section 4.106.4.2.6 deleted – Hotels and motels Section 4.106.4.2.6 is deleted.

15.26.150 GBSC section 4.106.4.4 amended - Bicycle parking Section 4.106.4.4 is amended to read:

Bicycle parking shall comply with Livermore Development Code (LDC) section LDC 4.04.030.
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EXHIBIT H

15.26.160 GBSC Section 4.106.5 added - All-electric buildings.

Section 4.106.5 is added to read:

New construction buildings shall comply with Section 4.106.5.1 or 4.106.5.2 so that they do not use combustion equipment or are ready to accommodate installation of electric heating appliances.

15.26.170 GBSC Section 4.106.5.1 added - New construction.

Section 4.106.5.1 is added to read:

New construction: All newly constructed buildings shall be all-electric buildings.

Building additions, alterations, repairs, and tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of new construction shall be made by the local enforcing agency.

Exceptions:

1. Multifamily residential building projects that have approved entitlements before the effective date of this ordinance may install fuel gas for water heating systems serving multiple dwelling units. The applicant shall comply with Section

4.106.5.2.

2. Accessory Dwelling Units (ADUs) that are constructed on a lot with an existing residence that utilizes fuel gas.

3. If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the local enforcing agency may grant a modification. The applicant shall comply with Section 4.106.5.2.

4. Non-combustion fuel cells that convert natural gas, biogas, or hydrogen to electricity onsite. 144

EXHIBIT H
Inactive Fuel Gas Infrastructure may be extended to spaces that are anticipated to qualify for the exceptions contained in this chapter. The inactive Fuel Gas Infrastructure shall not be activated, have a meter installed, or otherwise used unless the exemptions specified in this chapter have been confirmed as part of the issuance of a building permit. If the Fuel Gas Infrastructure is no longer serving one of the exceptions contained in this chapter, it shall either be capped, otherwise terminated, or removed by the entity previously entitled to the exemption, in a manner pursuant to all applicable Codes.

The local enforcing agency shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.

15.26.180 GBSC Section 4.106.5.2 added - Requirements for combustion equipment.

Section 4.106.5.2 is added to read:

Where combustion equipment is allowed per Exceptions under 4.106.5.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:

1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and

2. Labeling of both ends of the unused conductors or conduit shall be with "For Future Electrical Appliance"; and

3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e. "Reserved for Future Electric Range"), and positioned on the opposite end of the panel supply conductor connection; and

4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and
145

EXHIBIT H

5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.

15.26.190 GSBC Section 5.106.5.3 amended - Electric vehicle (EV) charging.

Section 5.106.5.3 is amended to read:

Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section 5.106.5.3 and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code.

Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may increase construction cost by an average of $400 per parking space for non-profit organizations serving low-income, vulnerable, and/or underserved communities or $4,500 per parking space for all others. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.

2. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.

15.26.200 GSBC Section 5.106.5.3.1 amended - EV capable spaces.

Section 5.106.5.3.1 is amended to read:
146

EXHIBIT H

5.106.5.3.1 Nonresidential Occupancy Class B Offices, including mixed-class buildings that include Occupancy Class B Office space - Shared Parking Space.

Twenty percent (20%) of parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Thirty percent (30%) of parking spaces provided shall be Level 2 EV Capable.

Delete table 5.106.5.3.1

15.26.210 GSBC Section 5.106.5.3.2 amended - Electric vehicle charging stations (EVCS)
Section 5.106.5.3.2 is amended to read:

5.106.5.3.2 Hotel and Motel Occupancies - Shared Parking Facilities.

New Construction. Five percent (5%) of parking spaces provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Twenty-five percent (25%) of parking spaces provided shall be Low Power Level 2 EV Ready space. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.

15.26.220 GSBC Section 5.106.5.3.3 amended - Use of automatic load management systems (ALMS).

Section 5.106.5.3.3 is amended to read:

5.106.5.3.3 All Other Nonresidential Occupancies - Shared Parking Facilities.

New Construction. Ten percent (10%) of parking spaces provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.

15.26.230 GSBC Section 5.106.5.3.4 amended - Accessible electrical vehicle charging stations (EVCS).

Section 5.106.5.3.4 is amended to read:

5.106.5.3.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 5.106.5.3.1, 5.106.5.3.2, and 147

EXHIBIT H

5.106.5.3.3. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.

15.26.240 GSBC Section 5.106.13 added - All-Electric Buildings.

Section 5.106.13 is added to read:

5.106.13 All-electric buildings. New construction buildings shall comply with Section

5.106.13.1 or 5.106.13.2 so that they do not use combustion equipment or are ready to facilitate future electrification.

15.26.250 GSBC Section 5.106.13.1. added - New construction.

Section 5.106.13.1 is added to read:

New construction: All newly constructed buildings shall be all-electric buildings.

Exceptions:

1. Nonresidential buildings containing kitchens located in a place of public accommodation, as defined in the California Building Code Chapter 2, may apply to the local enforcing agency for a modification to install commercial food heatprocessing equipment served by fuel gas. The local enforcing agency may grant the modification if they find:
a. A business-related need to cook with combustion equipment; and b. The need cannot be achieved equivalently with an electric heating appliance; and
c. The applicant has installed energy efficient equipment based on Energy Star or California Energy Wise qualifications, as available. d. The applicant shall comply with Section 5.106.13.2.

2. Laboratories, as defined in the California Building Code Chapter 2, may apply to the local enforcing agency for a modification to install combustion equipment served by fuel gas. The local enforcing agency may grant the modification if they find:
e. A business, research, or educational-related need to use combustion equipment; and
f. The need cannot be achieved equivalently with an electric heating appliance; and
g. The applicant has installed energy efficient equipment based on Energy Star or California Energy Wise qualifications, as available. h. The applicant shall comply with Section 5.106.13.2.
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EXHIBIT H

3. Hotels and motels with eighty or more guestrooms may utilize fuel gas in on-site commercial clothes drying equipment. The applicant shall comply with Section

5.106.13.2.

4. If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the local enforcing agency may grant a modification. The applicant shall comply with Section 5.106.13.2.

5. Non-combustion fuel cells that convert natural gas, biogas, or hydrogen to electricity onsite.

Inactive Fuel Gas Infrastructure may be extended to spaces that are anticipated to qualify for the exceptions contained in this chapter. The inactive Fuel Gas Infrastructure shall not be activated, have a meter installed, or otherwise used unless the exemptions specified in this chapter have been confirmed as part of the issuance of a building permit. If the Fuel Gas Infrastructure is no longer serving one of the exceptions contained in this chapter, it shall either be capped, otherwise terminated, or removed by the entity previously entitled to the exemption, in a manner pursuant to all applicable Codes.

The local enforcing agency shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.

15.26.260 GSBC Section 5.106.13.2. added - Requirements for combustion equipment.

Section 5.106.13.2 is added to read:

Where combustion equipment is allowed per exceptions under Section 5.106.13.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:

2. Labeling of both ends of the unused conductors or conduit shall be with "For Future Electrical Appliance"; and
149

EXHIBIT H

3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e "Reserved for Future Electric Range"), and positioned on the opposite end of the panel supply conductor connection; and

EXHIBIT I
Chapter 15.92

SWIMMING POOL AND SPA CODE
Sections:

15.55.010 Title for Citation

15.92.020 Documents adopted by reference.

15.92.030 Amendments to International Swimming Pool and Spa Code

15.92.040 ISPSC Chapter 1 amended - Scope and Administration

15.92.050 ISPSC Chapter 3 amended - General Compliance

15.92.060 ISPSC Chapter 4 amended - Public Swimming Pools

15.92.070 ISPSC Chapter 5 amended - Public Spas and Public Exercise Spas

15.92.080 ISPSC Chapter 6 amended - Aquatic Recreation Facilities

15.92.090 ISPSC Chapter 7 amended - Onground Storable Residential Swimming Pools

15.92.100 ISPSC Chapter 8 amended - Permanent Inground Residential Swimming Pools

15.92.010Title for citation
These regulations shall be known as the "Livermore Swimming Pool and Spa Code," hereinafter referred to as "this code."

15.92.020 Documents adopted by reference.

The Swimming Pool and Spa Code, 2024 Edition published by the International Code Council is hereby adopted. Where this chapter is inconsistent with state law then in that instance the provisions of the state law shall prevail.

15.92.030 Amendments to International Swimming Pool and Spa Code.

The International Swimming Pool and Spa Code (ISPSC) adopted in this chapter by reference is amended by the following additions, deletions and amendments thereto as set forth in this chapter.

15.92.040 ISPSC Chapter 1 amended - Scope and Administration Chapter 1 is deleted in its entirety and replaced by chapter 1, Division II - Livermore Building Code Administrative Provisions as amended by the Livermore Building Code.
151

EXHIBIT I

15.92.050 ISPSC Chapter 3 amended – General Compliance
Chapter 3 is amended as follows:

Section 302.1 is amended to read:
302.1 Electrical. Electrical requirements for aquatic facilities shall be in accordance with the California Electrical Code.

Exception: Internal wiring for portable residential spas and portable residential exercise spas.

Section 302.2 is amended to read:
302.2 Water Service and drainage. Piping and fittings used for water service, makeup and drainage piping for pools and spas shall comply with the California Plumbing Code. Fittings shall be approved for installation with the piping installed.

Section 302.5 is amended to read:
302.5 Backflow protection. Water supplies for pools and spas shall be protected against backflow in accordance with the California Plumbing Code.

Section 302.6 is amended to read:
302.6 Wastewater discharge. Where wastewater from pools or spas, such as backwash water from filters and water from deck drains discharge to a building drainage system, the connection shall be through an airgap in accordance with the California Plumbing Code.

Section 303 is amended to read:
303.1 Energy. All pool and spa energy consumption shall meet the requirements in the current California Energy Efficiency Standards.

Section 304.2 is amended to read:
304.2 Determination of impacts based on location. Pools and spas located in flood hazard areas indicated within the City of Livermore shall comply with 304.2.1 or 304.2.2.

Section 305.1 is amended to read:
305.1 General. The provisions of this section and the California Building Code shall apply to the design of barriers for restricting entry into areas having pools and spas.

Where spas or hot tubs are equipped with lockable safety cover complying with ASTM F1346 and swimming pools are equipped with a powered safety cover that complies ASTM F1346, the areas where those spas, hot tubs or pools are located shall not be required to comply with Sections 305.2 through 305.7.
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EXHIBIT I
Section 305.2.1 is amended to read:
305.2.1 Barrier height and clearances. Barrier heights and clearances shall be in accordance with all of the following:

1. The top of the barrier shall be not less than 60 inches (1524 mm) above grade where measured on the side of the barrier that faces away from the pool or spa. Such height shall exist around the entire perimeter of the barrier and for a distance of 3 feet measured horizontally from the outside of the required barrier.

2. The vertical clearance between grade and the bottom of the barrier shall not exceed 2 inches (51 mm) for grade surfaces that are not solid, such as grass or gravel, where measured on the side of the barrier that faces away from the pool or spa.

3. The vertical clearance between a surface below the barrier to a solid surface, such as concrete, and the bottom of the required barrier shall not exceed 4 inches (102 mm) where measured on the side of the required barrier that faces away from the pool or spa.

4. Where the top of the pool or spa structure is above grade, the barrier shall be installed on grade or shall be mounted between the top of the pool or spa and the bottom of the barrier shall not exceed 4 inches (102 mm).

Section 305.3.3 is amended to read:
305.3.3 Latch release. For doors and gates in barriers, the door and gate latch release mechanisms shall be in accordance with the following:

Pools and spas at single-family homes shall comply with the California Building Code Section 3109. Public Pools and spas as defined in the California Building Code Section 31B shall comply with the California Building Code Section 3119B.

Section 305.4 is amended to read:
305.4 Structure wall as a barrier. Where a wall of a dwelling or structure serves as a part of a barrier and where doors or gates provide direct access to the pool or spa through that wall, one of the following shall be required:

1. Doors and gates shall have an alarm that produces an audible warning when the window, door or their screens are opened. The alarm shall be listed and labeled as a water hazard entrance alarm in accordance with UL 2017.

2. In dwelling units not required to be Accessible units as required by California Building Code - Chapter 11A, the operable parts of the alarm deactivation 153

EXHIBIT I
switches shall be located at not less than 54 inches (1372 mm) above the finished floor.

3. In dwellings that are required to be Accessible units as required by California Building Code - Chapter 11A, the operable parts shall be located not greater than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the finished floor.

4. In structures other than dwellings, the operable parts of the alarm deactivation switches shall be located not greater than 54 inches (1372 mm) and not less than 48 inches (1220 mm) above the finished floor.

5. A safety cover that is listed and labeled in accordance with ASTM F1346 is installed for the pools and spa.

6. An approved means of protection, such as a self -closing doors with self-latching devices, is provided. Such means of protection shall provide a degree of protection that is not less than the protection afforded by items 1 or 2.

Section 305.5 numbers 1 and 2 are amended to read:
305.5 Onground residential pool structure as a barrier

1. Where only the pool wall serves as the barrier, the bottom of the wall is on grade, the top of the wall is not less than 60 inches (1219mm) above grade for the entire perimeter of the pool, the wall complies with the requirements of section 305.2, and the pool manufacturer allows the wall to serve as the barrier.

2. Where a barrier is mounted on top of the pool wall, the top of the barrier is not less than 60 inches (1219 mm) above grade for the entire perimeter of the pool, and the wall and the barrier on top of the wall comply with the requirement of Section 305.2.
305.8 is amended to read:
305.8 Means of egress. Outdoor public pools provided with barriers shall have means of egress as required by Chapter 10 of the California Building Code.

Section 306.1 is amended to read:
306.1 General. The structural design and installation of decks around pools and spas shall be in accordance with the California Building Code or the California Residential Code, as applicable.

Section 306.9.1 is amended to read:
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EXHIBIT I
306.9.1 Hose bibbs. Hose bibbs shall be provided for rinsing down the entire deck and shall be installed in accordance with the California Plumbing Code and shall be located not greater than 150 feet (45,720 mm) apart. Water-powered devices, such as waterpowered lifts, shall have a dedicated hose bibb water source.

Exception: Residential pools and spas shall not be required to have hose bibbs located at 150-foot (45,720 mm) intervals, nor have a dedicated hose bibb for water-powered devices.

Section 307.1.1 is amended to read:
307.1.1 Glazing in hazardous locations. Hazardous locations shall be as defined in the California Building Code or the California Residential Code, as applicable. Where glazing is determined to be in a hazardous location, the requirements for the glazing shall be in accordance with those codes, as applicable.

Section 307.1.4 is amended to read:
307.1.4 Roofs or canopies. Roofs or canopies over pools and spas shall be in accordance with the California Building Code or California Residential Code as applicable and shall be constructed so as to prevent water runoff into the pool or spa.

Section 307.1.5 is amended to read:
307.1.5 Accessibility. An accessible route to and into public pools and spas shall be provided in accordance with the California Building Code.

Section 307.2.2 is amended to read:
307.2.2 Materials and structural design. Pools and spas shall conform to one or more of the standards indicated in Table 307.2.2. The structural design of pools and spas shall be in accordance with the California Building Code.

15.92.060 ISPSC Chapter 4 amended - Public Swimming Pool.

Chapter 4 is amended as follows:

Chapter 4 is deleted in its entirety and is amended to read as shown in Chapter 31B of the California Building Code.

15.92.070 ISPSC Chapter 5 amended - Public Spas and Public Exercise Spas.

Chapter 5 is amended as follows:

Chapter 5 is deleted in its entirety and is amended to read as shown in Chapter 31B of the California Building Code.

15.92.080 ISPSC Chapter 6 amended - Aquatic Recreation Facilities. 155

EXHIBIT I
Chapter 6 is amended as follows:

Chapter 6 is deleted in its entirety and is amended to read as shown in Chapter 31B of the California Building Code.

15.92.090 ISPSC Chapter 7 amended - Onground Storable Residential Swimming Pools.

Chapter 7 is amended as follows:

Section 703.1 is amended to read:
703.1 General. Decks provided by the pool manufacturer shall be installed in accordance with the manufacturer’s instructions. Decks fabricated on-site shall be in accordance with the California Residential Code.

15.92.100 ISPSC Chapter 8 amended - Permanent Inground Residential Swimming Pools.

Chapter 8 is amended as follows:

Section 802.1 is amended to read:
802.1 Materials of components and accessories. The materials of components and accessories used for permanent inground residential swimming pools shall be suitable for the environment in which they are installed. The materials shall be capable of fulfilling the design, installation and the intended use requirements in the California Residential Code.

Section 802.2 is amended to read:
802.2 Structural Design. The structural design and materials shall be in accordance with the California Residential Code.
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Chapter 15.94
Wildland-Urban Interface Code
Section

15.94.010 CWUIC Chapter 1, Division II, amended - Title

15.94.020 Amendments to the International Fire Code

15.94.030 CWUIC Chapter 1, Division II, amended - Creation of agency

15.94.010 CWUIC Chapter 1, Division II, amended – Title Section 101.1 is amended to read:

Title. These regulations shall be known as the California Wildland-Urban Interface Code of the City of Livermore, hereinafter referred to as “this code.”

15.94.020 Amendments to the International Fire Code
The 2024 International Wildland-Urban Interface Code (IWUIC) adopted in this chapter by reference is amended by the following additions, deletions and amendments thereto as set forth in this chapter. Reference numbers herein are taken from the 2025 California Wildland-Urban Interface Code.

15.94.030 CWUIC Chapter 1, Division II, amended - Creation of agency Section 103.1 is amended to read:
103.1 Creation of agency. The Livermore-Pleasanton Fire Department is hereby created and the official in charge thereof shall be known as the fire code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.

EXHIBIT J
157
Notable Amendments
The proposed changes to the California Building Standards Code are justified by unique local climatic, topographical, geological, and environmental conditions, as detailed in the ordinance. Notable examples of these amendments include:

Building Code:
▪ Roof covering shall be fire retardant minimum Class B or higher for all buildings regardless of type of construction.
▪ Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete. Some exceptions apply.

Plumbing Code:
▪ Water distribution systems shall not be installed under a concrete floor slab within a building.

Fire Code:
▪ Storage of flammable and combustible liquids and flammable gases at Group R occupancies are limited as follows:

12.1. Outside storage of flammable liquids (including gasoline) is limited to 30 gallons.

12.2. Outside storage of combustible liquids (including diesel and kerosene) is limited to 55 gallons.
▪ NFPA 13D sprinkler systems: Automatic sprinkler systems installed in one and twofamily dwellings, Group R3, Group R4, Condition 1, and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D. ▪ In addition to the provisions of NFPA 13D, sprinklers shall be installed in the following additional locations:
o Attic shall be provided with intermediate temperaturerated residential fire sprinklers for detection coverage and located at a spacing equivalent to 30 feet by 30 feet centers and maximum of 15 feet from outside walls. o Fire sprinklers shall be provided in garages.
o Fire sprinklers shall be intermediate rated, quick response, with a maximum coverage of 130 square feet per sprinkler.
o Any bathroom located under a stairway, regardless of the bathroom's size. o Any closet located under a stairway regardless of the closet's size or surfacing materials.

EXHIBIT K
158
Green Code:
▪ Residential Buildings: Eightyfive percent (85%) of dwelling units with parking spaces shall be provided with a Low Power Level 2 Electric Vehicle (EV) ready space. Fifteen percent (15%) of dwelling units with parking spaces shall be Level 2 EV ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Up to five (5) Level 2 EV charging spots may be substituted for one fast EV charger to meet the requirements of 4.106.4.2.
▪ Nonresidential Occupancy: Class B Offices, including mixedclass buildings that include Occupancy Class B Office space Shared Parking Space: Twenty percent (20%) of parking spaces shall be Level 2 EV Ready. Thirty percent (30%) of parking spaces provided shall be Level 2 EV Capable. “EV capable” refers to providing the necessary infrastructure, such as installed conduits and reserved panel capacity to support the future installation of EV chargers, making the process easier and more costeffective.
▪ Hotel and Motel Occupancies: Shared Parking Facilities: Five percent (5%) of parking spaces provided shall be Level 2 EV Ready. Twentyfive percent (25%) of parking spaces provided shall be Low Power Level 2 EV Ready. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable. ▪ All Other Nonresidential Occupancies: Shared Parking Facilities: Ten percent (10%) of parking spaces provided shall be Level 2 EV Ready. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable. ▪ All newly constructed buildings shall be all-electric buildings. Building additions, alterations, repairs, and tenant improvements shall not be considered new construction. Exceptions include:

1. Accessory Dwelling Units (ADUs) that are constructed on a lot with an existing residence that utilizes fuel gas.

2. If the applicant establishes that there is not an allelectric prescriptive compliance pathway for the building under the California Building Energy Efficiency Standards, then the local enforcing agency may grant a modification. The applicant shall comply with Section 4.106.5.2.

3. Noncombustion fuel cells that convert natural gas, biogas, or hydrogen to electricity onsite.

EXHIBIT K
159
CITY COUNCIL STAFF REPORT ITEM NO. 6.5
DATE: September 8, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Introduce an ordinance amending Title 3, Chapter 3.45 Social Opportunity Endowment Fund (SOE) sections 3.45.020 Purpose of the Fund and 3.45.040 Administration and Organization of Fund in the Livermore Municipal Code.

RECOMMENDED ACTION
Staff recommends the City Council introduce an ordinance, and waive the first reading, amending Title 3, Chapter 3.45 Social Opportunity Endowment Fund sections 3.45.020 Purpose of the Fund and

3.45.040 Administration and Organization of Fund in the Livermore Municipal Code.

DECISION TYPE
Legislative

SUMMARY
Staff recommends the City Council introduce amendments to the Livermore Municipal Code Chapter

3.45 Social Opportunity Endowment Fund (SOE) sections 3.45.020 Purpose of the Fund to amend language allowing only the interest earnings of the fund to be spent, and 3.45.040 Administration and Organization of Fund to ensure the long-term sustainability of the SOE fund.

The amendments include increasing the fiscal year spending limit from $80,000 to $150,000 with a 3% annual increase and striking language linking the SOE to the portions of the City’s Community Development Block Grant (CDBG) entitlement program as outlined in the Ordinance.

DISCUSSION
As a result of the 2002 Human Services Needs Assessment that identified the need for additional human services, the Social Opportunity Endowment Fund (SOE) was established by City Council in 2006 (Municipal code section 3.45; Reso #2006-38; Ordinance No. 1790) to provide a long-term, stable funding source for the delivery of quality human services to low-income city residents. 160
In 2006, Shea Homes initially capitalized the SOE through a Development Agreement (114-97) contribution for Tract 7610. The City received $956,000 in revenue plus approximately $94,193 in interest earned over the life of the fund, which was fully expended between FY2006-07 to FY2022-23.

The SOE expenditures from FY 2006-07 through FY 2022-23 complied with the existing ordinance and provided critical local funding to serve low-income Livermore residents through a variety of services that included food programs, counseling, dental, behavioral health, and homeless services.

Following depletion of the SOE, staff negotiated, and Council approved two additional contributions through Development Agreements from the Isabel Crossing and Arroyo Vista developments totaling $1,800,000. Currently, staff are negotiating an additional $1,200,000 contribution to the SOE, for a total of $3,000,000 and plans to continue recapitalizing the fund over time to maintain the long-term sustainability of the SOE.

The Cities of Livermore, Pleasanton, and Dublin commissioned the 2024 Tri-Valley Human Services Needs Assessment which identified the need for enhanced services in community service areas including access to health and mental health services, substance use disorder treatment, counseling, and homeless services.

Due to the growing need for services in the community, staff are recommending the SOE ordinance be amended to increase annual spending levels to account for inflation and the increased cost of providing services. The current SOE ordinance, which was adopted in 2006, allows up to $80,000 to be spent annually on human services programs, however the Bureau of Labor Statistics Consumer Price Index (CPI) estimates $80,000 in 2006, is equivalent to $130,000 in 2025.

Based on the commitment of current contributions to the SOE and what is expected to be secured through development agreements, staff developed a 20-Year Expenditure Plan for an initial $3,000,000 in funds over the next 20-years assuming no additional contributions. The 20-Year Expenditure Plan assumes a $150,000 first-year allocation, with 4% annual interest earned, and a 3% annual increase for future allocations. The 4% annual interest assumption reflects the approximate current yield on the City’s investment portfolio.

A true endowment would only use interest earned to fund priority services for low-income individuals and families in Livermore. The recommended amendments provide language to clarify the SOE is intended to be similar to an endowment where the balance of the fund is grown so the interest earnings will primarily provide a stable source of revenue in addition to slowly drawing down the principal to support the delivery of human services in the city. Staff will continue to seek out additional opportunities to capitalize the fund further to move closer to the aspirational goal of operating as an endowment.

FISCAL AND ADMINISTRATIVE IMPACTS
Housing and Human Services staff will manage the disbursement of the SOE funds through the annual Human Services Commission grants process. The Finance Division manages the investment of the SOE funds.

COMMUNITY PILLAR

1. A Safe Community That Thrives
161
GOAL

8. Expand and improve access to human services

ATTACHMENTS

1. Ordinance

2. Exhibit A - Chapter 3.45 Social Opportunity Endowment Fund Prepared by: Josh Thurman
Human Services Programs Manager
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
162
1 ORDINANCE NO. _____

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE AMENDING TITLE 3, CHAPTER 3.45 SOCIAL OPPORTUNITY ENDOWMENT FUND (SOE) SECTIONS 3.45.020 PURPOSE OF THE FUND AND

3.45.040 ADMINISTRATION AND ORGANIZATION OF FUND IN THE LIVERMORE

MUNICIPAL CODE
The Social Opportunity Endowment Fund (SOE) was established by City Council in 2006 (Municipal code section 3.45; Reso #2006-38; Ordinance No. 1790) to provide a long-term, stable funding source for the delivery of quality human services to low-income city residents.

In 2006 Shea Homes initially capitalized the SOE through a Development Agreement (114-97) contribution for Tract 7610. The City received $956,000 in revenue plus $94,193 in interest earned over the life of the fund which was fully expended between FY 2006-07 to FY 2022-23.

Due to the growing need for services in the community, and replenishment of SOE funds through development agreements, staff are recommending the SOE ordinance be amended to reflect inflation and the increase in cost of doing business. The current SOE ordinance, which was adopted in 2006, allows up to $80,000 to be spent per year on human services programs.

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

Section 1. Purpose. This ordinance amendment to the Social Opportunity Endowment Fund ensures long-term sustainability to the fund.

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

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

A. Title 3 (Revenue and Finance). Chapter 45 (Social Opportunity Endowment Fund), Section 020 (Purpose of the fund) is amended to read as follows:

The purpose of the fund is to provide a long- term, stable funding source for the delivery of quality human services to low income City residents.

The primary goal of the fund is to maximize the efficient and costeffective delivery of human services and to facilitate collaborative efforts and a coordinated approach to improve and expand the delivery of quality human services to low income residents in the City.
163
2 ORDINANCE NO. _____
The fund is intended to be similar to an endowment whereby the balance of the fund is grown so that the interest earnings alone provide a stable source of revenue in addition to slowly drawing down the principal to support the delivery of human services in the City.

B. Title 3 (Revenue and Finance). Chapter 45 (Social Opportunity Endowment Fund), Section 040 (Administration and organization of fund), subsection E is amended to read as follows:

E. To maintain a consistent source of funding for human services, no more than $80,000 or 30 percent of the balance of the fund, whichever is less, $150,000 (“Available Award”), may be awarded each fiscal year. The Available Award shall be increased each fiscal year beginning fiscal year 2026-27 by 3% of the then current total of the Available Award.

The City is not obligated to award the full amount available each fiscal year for award from the fund. The maximum cumulative amount that may be awarded in a fiscal year shall not exceed the difference between the total amount to be awarded for human services for that fiscal year and the public services portion of the City’s community development block grant entitlement.

The remaining balance of the fund shall be invested consistent with Section 53601 of the Government Code and the City’s standard practices.

Section 4. Environmental. The passage of this ordinance is not a project according to the definition in the California Environmental Quality Act and, therefore, is not subject to the provisions requiring environmental review.

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

Section 6. Effective date. This Ordinance shall take effect 30 days after its adoption.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on September 8, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The ordinance was adopted at the regular meeting of the City Council held on ______________________, by the following vote:
164
3 ORDINANCE NO. _____
AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Daniel Gonzales
Deborah L. Elam Daniel Gonzales
City Clerk Deputy City Attorney
Exhibit A – Chapter 3.45 Social Opportunity Endowment Fund 165
Chapter 3.45

SOCIAL OPPORTUNITY ENDOWMENT FUND
Sections:

3.45.010 Creation of fund.

3.45.020 Purpose of the fund.

3.45.030 Definitions.

3.45.040 Administration and organization of fund.

3.45.050 Awards from fund.

3.45.010 Creation of fund.

The endowment fund known as the “social opportunity endowment fund” is hereby created and referred to in this chapter as the “fund.” (Ord. 1790 § 1, 2006)

3.45.020 Purpose of the fund.

The purpose of the fund is to provide a long- term, stable funding source for the delivery of quality human services to low income city residents.

The primary goal of the fund is to maximize the efficient and cost-effective delivery of human services and to facilitate collaborative efforts and a coordinated approach to improve and expand the delivery of quality human services to low income residents in the City.

The fund is intended to be similar to an endowment whereby the balance of the fund is grown so that the interest earnings alone provide a stable source of revenue in addition to slowly drawing down the principal to support the delivery of human services in the City. (Ord. 2065 § 1(A), 2018; Ord. 1790 § 1, 2006)

3.45.030 Definitions.

The following words and phrases as used in this chapter shall have the following meanings:

A. “Human services” shall mean a broad range and intricate variety of programs, projects and activities designed to protect, improve and restore the personal welfare and well-being of residents of all ages and the social health of the community. By way of example, typical human services include, but are not limited to, social services, shelter, economic support, employment and training, education, health and protective services.

B. “Low income person” shall mean a person having an annual income of not more than 80 percent of the median income for the Oakland Standard Metropolitan Statistical Area as defined by the U.S. Department of

EXHIBIT A
166
Labor and U.S. Department of Housing and Urban Development for a family of similar size as determined in accordance with the Housing and Community Development Act of 1974, as amended. (Ord. 1790 § 1, 2006)

3.45.040 Administration and organization of fund.

A. The housing and human services division shall administer the operation of the fund, process applications for awards from the fund, and oversee the use of awards from the fund consistent with this chapter and the plan adopted by City Council resolution.

B. The Human Services Commission shall evaluate applications for awards from the fund and make recommendations to the City Council regarding the applications. The commission shall also render written reports to the City Council detailing the activities of the fund not less than once a year and at such other times as requested by the City Council.

C. The fund shall be interest-bearing. The interest accrued on the fund shall be deposited back into the fund.

None of the moneys in the fund shall revert to the general fund.

D. It is intended that the fund shall be financed through contributions from development agreements, reinvestment of interest earned on the balance of the fund, grants, gifts, donations, and other alternative funding sources. However, the City’s general fund operating budget may include an annual appropriation for the fund as approved by the City Council based upon recommendations made by the Human Services Commission.

E. To maintain a consistent source of funding for human services, no more than $150,000 (“Available Award”) may be awarded each fiscal year. The Available Award shall be increased each fiscal year beginning fiscal year 2026/2027 by 3% of the then current total of the Available Award.

The remaining balance of the fund shall be invested consistent with Section 53601 of the Government Code and the City’s standard practices.

F. The City Council shall adopt by resolution a plan establishing the policies and procedures for the administration of the fund consistent with this chapter. At a minimum, the plan shall include:

1. A process for accepting and reviewing applications for awards from the fund.

EXHIBIT A
167

2. Criteria to be considered by the Human Services Commission when evaluating applications by eligible agencies and organizations for awards from the fund for qualified programs, projects, and activities.

3. Administrative requirements to monitor the use of an award including provisions for reporting and invoicing.

4. Procedures and requirements for the actual delivery and use of an award. (Ord. 2065 § 1(A), 2018; Ord. 1790 § 1, 2006)

3.45.050 Awards from fund.

A. Only public agencies and community-based organizations that have a 501(c)(3) status shall be eligible to apply for an award from the fund.

B. Only programs, projects, or activities that primarily benefit low income persons and are consistent with the policies set forth in this chapter and the plan adopted by City Council resolution shall be qualified for an award from the fund.

C. Awards from the fund shall be made only to eligible agencies and organizations for qualified programs, projects, and activities depending to the extent that a need for low income residents is identified in the City’s consolidated plan priorities or the human services needs assessment.

D. Housing and human services staff shall process applications for awards from the fund and present a list of eligible agencies and organizations to the Human Services Commission for qualifying programs, projects, and activities. The Human Services Commission will evaluate and rank the applications based upon the criteria in the Council’s resolution and provide a recommendation to the City Council for award from the fund.

E. The City Council may within its discretion make awards from the fund. The City Council is not obligated to follow the recommendations of the Human Services Commission. (Ord. 2065 § 1(A), 2018; Ord. 1790 § 1, 2006)

EXHIBIT A
168
CITY COUNCIL STAFF REPORT ITEM NO. 6.6
DATE: September 8, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution ratifying the execution of a fourth amendment to the agreement with Consolidated Engineering Laboratories for construction inspection, special inspections, and material testing services for the Livermore Village Parking Garage Project DR586003 to increase the not-to-exceed amount by $100,000 from $624,00 to $724,000 and extend the termination date to June 30, 2026.

RECOMMENDED ACTION
Staff recommends City Council adopt a resolution ratifying the execution of a fourth amendment to the agreement with Consolidated Engineering Laboratories for construction inspection, special inspections, and material testing services for the Livermore Village Parking Garage Project DR586003 to increase the not-to-exceed amount by $100,000 from $624,00 to $724,000 and extend the termination date to June 30, 2026.

DECISION TYPE
Administrative

SUMMARY
On December 9, 2022, the City of Livermore entered into an agreement with Consolidated Engineering Laboratories to provide construction inspection, special inspections, and material testing services for the Livermore Village (L Street) Parking Garage Project DR586003. This fourth amendment will increase the amount of the agreement by $100,000 and extend the termination date from December 31, 2025, to June 30, 2026. The current schedule anticipates substantial completion in October 2025. The extra contract time will allow any required services during completion of punch list items and post-construction monitoring. Staff recommends City Council authorize the City Manager to execute a fourth amendment to ensure uninterrupted availability of material testing services and required special inspections through the completion of the garage construction.

DISCUSSION
169
Consolidated Engineering Laboratories currently provides the City construction inspection, special inspection, and materials testing for the Livermore Village (L Street) Garage Project. Special inspections include inspection of welding connections of the precast concrete panels, structural steel beams, and architectural metal. Inspection reports of these structural elements are required by the City Building Department to ensure that building codes are being met and accept the building for occupancy.

Due to significant project delays—primarily resulting from the contractor’s inefficiencies, substandard workmanship, and the late delivery of precast concrete panels—the previous budget and timeline for required inspections are no longer adequate. To ensure continued compliance and oversight, the City must amend the existing agreement with Consolidated Engineering Laboratories to increase the total compensation from $624,000 to $724,000 and extend the termination date from December 31, 2025 to June 30, 2026. The current schedule anticipates substantial completion in October 2025. The extra contract time will allow any required services during completion of punch list items and post-construction monitoring.

The amendment was executed by the City Manager on August 8, 2025, to avoid a lapse in services due to the importance of the special inspections to ensure that building code requirements are being met.

Staff recommends City Council ratify the amendment to continue receiving materials testing and special inspections through the completion of the garage construction.

FISCAL AND ADMINISTRATIVE IMPACTS
Funding for this agreement amendment that increases the amount of the agreement by $100,000, is included in the FY 2025-2030 Capital Improvement Plan budget for Livermore Village Parking Garage Project DR586003. The project is funded with 2022 COP Construction Funds (Fund 540).

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

ATTACHMENTS

1. Resolution

2. Exhibit A - Fourth Amendment
Prepared by: Dennis Aberion
Construction Inspection Manager
170
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
171
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION RATIFYING THE EXECUTION OF A FOURTH AMENDMENT TO

THE AGREEMENT WITH CONSOLIDATED ENGINEERING LABORATORIES FOR

CONSTRUCTION INSPECTION, SPECIAL INSPECTIONS, AND MATERIAL

TESTING SERVICES FOR THE LIVERMORE VILLAGE PARKING GARAGE TO INCREASE THE NOT-TO-EXCEED AMOUNT TO $724,000 AND EXTEND THE TERMINATION DATE TO JUNE 30, 2026
(PROJECT DR586003)
On December 9, 2022, City of Livermore (“City”) and Consolidated Engineering Laboratories entered into an agreement to provide construction inspection, special inspections, and material testing services for the Livermore Village Parking Garage Construction Project DR586003. Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

On January 6, 2025, City and Consolidated Engineering Laboratories amended the Original Agreement to extend the termination date to December 31, 2025. This was the First amendment to the Original Agreement.

On February 24, 2025, City and Consolidated Engineering Laboratories amended the Original Agreement and First Amendment to increase total compensation from $474,000 to $624,000. This was the Second amendment to the Original Agreement.

On March 12, 2025, City and Consolidated Engineering Laboratories amended the Original Agreement, First Amendment, and Second Amendment to add to the Description of Services “various development and capital improvement projects, and encroachment permits as needed”. This was the Third amendment to the Original Agreement.

City and Consolidated Engineering Laboratories now desire to amend the Original Agreement, and the First, Second, and Third Amendment to increase total compensation from $624,00 to $724,000 and extend the termination date to June 30, 2026. This is the Fourth amendment to the Original Agreement.

On August 8, 2025, the City Manager executed a fourth amendment for construction inspection, special inspections, and material testing to maintain these services for the Livermore Village Parking Garage Construction Project DR586003 pending ratification and approval of the fourth amendment by the City Council. 172
2 RESOLUTION NO. ________
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby:

1. Ratifies the execution of a fourth amendment to the professional services agreement with Consolidated Engineering Laboratories, attached hereto as Exhibit A, for construction inspection, special inspections, and material testing services for the Livermore Village Parking Garage Project DR586003 to increase the not-to-exceed amount by $100,000, from $624,00 to $724,000, and extend the termination date to June 30, 2026.

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

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on September 8, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
City Clerk Acting City Attorney
Exhibit A – Fourth Amendment
173
EXHIBIT A Page 1 of 3
174
EXHIBIT A Page 2 of 3
175
EXHIBIT A Page 3 of 3
176
CITY COUNCIL STAFF REPORT ITEM NO. 6.7
DATE: September 8, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing execution of agreements with Swaim Biological, Inc., in an amount not-to-exceed $800,000 and with WRA, Inc. in an amount not-to-exceed $500,000 to provide on-call engineering environmental support services with terms ending December 31, 2028.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute agreements with Swaim Biological, Inc. in an amount not-to-exceed $800,000 and with WRA, Inc. in an amount not-to-exceed $500,000 to provide on-call engineering environmental support services with terms ending December 31, 2028.

DECISION TYPE
Administrative

SUMMARY
The City of Livermore (City) requires consultants to perform on-call environmental support services for projects including assistance with environmental documents and technical reports, environmental field surveys, biological surveys and monitoring, environmental mitigation plans and reports, archaeological and historical significance evaluations, permit applications, and coordination with regulatory agencies.

The proposed professional services agreements will provide on-call environmental support services through December 31, 2028 to assist with capital improvement projects and engineering division operations. The contracts for each consultant have total not-to-exceed amounts as follows:

Swaim Biological, Inc. $800,000
WRA, Inc. $500,000
In addition, staff is establishing a list of consultants that are pre-qualified for current and upcoming environmental related capital improvement projects. This process reduces the time to obtain consultants 177
for individual projects.

DISCUSSION
The City requires consultants to perform on-call environmental support services for capital improvement projects, including water, wastewater, and stormwater projects associated with the City’s Capital Improvement Plan (CIP), subsequent updates to the CIP program, and Engineering Division operational support. These services include assistance with project planning, environmental analysis, environmental documents and technical reports, environmental field surveys, biological surveys and monitoring, environmental mitigation plans and reports, archaeological and historical significance evaluations, permit applications, and coordination with regulatory agencies. For example, some of the ongoing and future projects that are anticipated to be under the scope of the on-call environmental support services and the pre-qualified list of consultants for project-specific support include, but are not limited to the following projects as approved in the City's Fiscal Year 2025-2030 5-Year Capital Improvements Plan:

SD201941 - Altamont Creek Mitigation
SD202424 - Storm Drains for Ponding Areas
SD202523 - Stream Maintenance by Contractors
SD202623 - Springtown Flood Protection
SDS2023P - 2023 Storm Damage Permanent Repairs C-G
SM201721 - Bluebell Drive Bridge Repair at Altamont Creek SM202219 - Bridge Rehabilitation
TB200245 - Arroyo Las Positas Trail near Walmart
TB201945 - Las Colinas Trail
TB202626 - Arroyo Mocho Trail at Concannon Boulevard
TI202414 - Arroyo Las Positas at Heather Lane Bridge
WW201414 - Springtown Trunkline Replacement
Staff issued a request for qualifications (RFQ) for firms interested in providing environmental support services for the City. The purpose of this process was to receive statements of qualifications (SOQs) from multiple consultants and based on review of these qualifications, establish the following:

Environmental support services agreements on an on-call basis for as-needed tasks related to the City’s capital improvement projects and Engineering Division operations A list of pre-qualified consultants eligible for award of individual professional services agreements for specific ongoing and/or future capital improvement projects requiring environmental support services
Statements of qualification were received from the following eight firms:

Consultant Name City
WRA, Inc. San Rafael, CA
FCS International, Inc. Irvine, CA
Rincon Consultants, Inc. Oakland, CA
Swaim Biological, Inc. Livermore, CA
Precision Civil Engineering, Inc. Fresno, CA
EMC Planning Group, Inc. Monterey, CA
178
M-Group Berkeley, CA
Sequoia Ecological Consulting, Inc. Walnut Creek, CA
The selection committee reviewed the SOQs and recommended the following top-rated consultants to perform environmental support services on an on-call basis:

Consultant Name Service
WRA, Inc. Environmental Services
Swaim Biological, Inc. Environmental Services

FISCAL AND ADMINISTRATIVE IMPACTS
The on-call agreements will commence upon approval by the City Council and terminate December 31, 2028. The contracts for each of the on-call consultants have total not-to-exceed amounts as follows:

Swaim Biological, Inc. $800,000
WRA, Inc. $500,000
Contracts for specific capital projects will be executed at the time the capital project is initiated and in accordance with the approved budget. The services rendered under these agreements will be charged to the various capital improvement projects, developer fees for various development projects for which consultant services are required, and the Engineering and Water Resource Division’s operating budgets for miscellaneous consultant services. The City Engineer will approve work related to these contracts only within the overall adopted budget amounts.

COMMUNITY PILLAR
3: Environmental Stewardship
GOAL
3: Help the City fulfill its obligations under state and federal environmental regulations, and in response to regulatory oversight.

GUIDING DOCUMENT
2025-2030 Capital Improvement Plan

ATTACHMENTS

1. Resolution

2. Exhibit A - Swaim Biological Inc. Agreement

3. Exhibit B - WRA Inc. Agreement
Prepared by: Christopher Ferrel
Associate Civil Engineer
179
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
180
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS WITH
SWAIM BIOLOGICAL INC., IN AN AMOUNT NOT-TO-EXCEED
$800,000 AND WITH WRA INC., IN AN AMOUNT NOT-TO-EXCEED
$500,000 TO PROVIDE ON-CALL ENGINEERING ENVIRONMENTAL
SUPPORT SERVICES WITH TERMS ENDING DECEMBER 31, 2028
The City of Livermore (“City”) requires consultants to perform on-call environmental support services for projects including assistance with environmental documents and technical reports, environmental field surveys, biological surveys and monitoring, environmental mitigation plans and reports, archaeological and historical significance evaluations, permit applications, and coordination with regulatory agencies.

City staff sent out requests for qualifications to firms interested in on-call environmental services contracts and being on a pre-qualification list for future projects.

Eight statements of qualifications were received. After review, City staff rated two firms as the most-qualified for on-call environmental services agreements and staff rated four of the firms as pre-qualified for award of individual professional services agreements for specific ongoing and/or future capital improvement projects requiring environmental support services.

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

1. Authorizes the City Manager to execute a professional services agreement with Swaim Biological Inc., attached hereto as Exhibit A, in an amount not-toexceed $800,000 to provide on-call engineering environmental support services.

2. Authorizes the City Manager to execute a professional services agreement with WRA Inc., attached hereto as Exhibit B, in an amount not-to-exceed $500,000 to provide on-call engineering environmental support 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 September 8, 2025, by the following vote:
181
2 RESOLUTION NO. ________
AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
City Clerk Acting City Attorney
Exhibit A – Swaim Biological Inc. Agreement
Exhibit B – WRA Inc. Agreement
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25-0333

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 20 , by and between the City of Livermore (“City”), a municipal corporation, and Swaim Biological Inc. (“Consultant”), a(n) California Corporation.

RECITALS
City requires professional services to provide on-call environmental support services for capital improvement projects and engineering division operations including assessments & surveys, permitting & compliance support, construction support, habitat mitigation, restoration planning, and other services related to document review, graphics development, and data collection, management, and presentation using global positioning systems (GPS) and geographic information systems (GIS).

Consultant represents and warrants that it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Consultant acknowledges City has relied upon these representations and warranties as inducement to award this Agreement to Consultant.

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

1. Retention as Consultant. City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the Services described and defined below in Section 3 Description of Services subject to the terms and conditions in this Agreement.

2. Relationship of Parties – Independent Contractors.
(a) The relationship of the parties shall be that of independent contractors.

Consultant is and shall at all times remain as to City a wholly independent contractor during the term of this Agreement.
(b) Consultant and its personnel performing the Services on behalf of Consultant are not City officers or employees. Consultant’s personnel shall at all times be under Consultant’s exclusive direction, control, supervision, and management.

Consultant, at its own cost and expense, is responsible for all workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the delivery of the Services by Consultant’s personnel. (c) Consultant and its personnel providing the Services shall not qualify for or become entitled to, and hereby waive any claims to, any compensation, benefit, or any incident in employment by City, including but not limited to enrollment in the California Public Employees Retirement System (PERS) as an employee of City and any Docusign Envelope ID: 35B4A83B-35CF-4A0F-8782-AF516B8B517C EXHIBIT A Page 1 of 129
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entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
(d) Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, and shall have no authority, express or implied, to bind City to any obligation whatsoever.

3. Description of Services. Consultant shall provide the services described in the recitals and more particularly set forth in Exhibit A Scope of Work, which are collectively defined as “the Services” for the purposes of this Agreement.

These tasks shall be ordered as needed pursuant to individual written project assignment orders issued by the City and approved by the City Engineer. Project assignments will include scope of work and budget to provide standards to determine when City will deem that project complete. City also reserves the right not to order any services or expend any money pursuant to this Agreement.

4. Consultant’s Responsibilities. Consultant, at its own cost and expense, shall:
(a) Coordinate the Services with Christopher Ferrel (“Project Manager”), or such other person designated as the Project Manager by City; (b) At all times faithfully, competently, and diligently perform the Services to the best of its ability, experience, and talent in a courteous manner to the highest industry standards when performing the Services required hereunder. For the purposes of this Agreement the phrase “highest industry standards” means those professional standards recognized by one or more professional consultants performing similar Services under similar circumstances within City’s region;
(c) Provide the resources and assign competent Consultant personnel necessary to complete the Services in a timely manner;
(d) Immediately remove and replace, without any cost to City, any member of Consultant’s personnel providing the Services to City, in its sole discretion and at any time during this Agreement, directs Consultant to remove and replace, and City agrees to advise Consultant of the reason for the direction for the removal and replacement; (e) Provide all facilities, goods, materials, and equipment that may be necessary for Consultant’s personnel to provide the Services. City may furnish physical facilities such as desks, filing cabinets, and conference space that may be reasonably necessary for Consultant’s use for the Services, but in no event shall City be required to furnish any facilities that involve incurring a direct expense such as computer, software, long-distance telephone or other communication charges, vehicles, or document reproduction facilities;
(f) Obtain and keep in effect during the term of this Agreement all necessary licenses, permits, qualifications, insurance, and approvals legally and professionally Docusign Envelope ID: 35B4A83B-35CF-4A0F-8782-AF516B8B517C EXHIBIT A Page 2 of 129
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required for Consultant to practice its profession and to provide the Services, including obtaining a business license from the City of Livermore, and keep them all in effect for the term of this Agreement;
(g) Obtain and complete the appropriate City forms for the City to pay Consultant electronically via the Automated Clearing House (ACH). Those forms may be obtained by email at [email protected] or by calling Accounts Payable staff at (925) 960-4345. If Consultant opts-out of electronic payment, it must likewise complete the appropriate City forms that can be obtained from those same sources for payment by check. The authority granted by those forms will remain in force and effect until the City receives written notification of changes, which changes shall not take effect for at least ten business days to afford City a reasonable opportunity to act; (h) Provide City with a complete Request for Taxpayer Identification Number and Certification Form W-9 using the form most recently issued by the Internal Revenue Service;
(i) Comply with all applicable state and federal laws, as well as Alameda County and City of Livermore ordinances, regulations, and adopted codes, when providing the Services;
(j) Only invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested, and if requested by the Project Manager, Consultant shall certify the correctness of any invoice or invoices for Services provided. Consultant shall not submit an invoice to City more frequently than once a calendar month;
(k) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least three years from the date of City’s final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment. Consultant shall make the invoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Consultant shall give City 30 calendar-days’ written notice prior to destroying the invoices and records and allow City an opportunity to take possession. If City wants to take possession, then Consultant and City shall coordinate delivery of the invoices and records to City in the most efficient manner possible;
(l) Be available to the Project Manager, City staff, and other parties referred to Consultant by the Project Manager to answer questions or inquiries related to the Services or invoices;
(m) Prepare and submit a written report to the Project Manager, within three business-days of the Project Manager’s written request, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services;
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(n) Correct all errors in the Services. If Consultant fails to make such correction in a timely manner, then City may make the correction and then charge the cost thereof to Consultant or deduct that cost from the compensation payable to Consultant; (o) Comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA, when providing the Services; and,
(p) If applicable, Consultant shall ensure that all work for compensation is provided in compliance with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages.

5. Term. The term of this Agreement commences on 09/08/2025 and terminates upon the completion of the Services or 12/31/2028, whichever occurs first.

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

7. Compensation and Payment.
(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $800,000.00 ("not-to-exceed amount"). (b) City shall compensate Consultant for the Services rendered at the hourly rates or task amounts set forth in Exhibit B Fee Schedule, and shall reimburse Consultant for travel expenses and other costs that are identified in Exhibit B, up to the not-to-exceed amount.
(c) Consultant and City acknowledge that compensation paid by City to Consultant pursuant to this Agreement is based upon Consultant’s estimated costs to provide the Services, including the salaries and benefits paid by Consultant to its personnel. Consequently, Consultant and City further agree that compensation paid by City to Consultant is intended to include the costs of contributions to any pensions or annuities, or both, to which Consultant and its personnel may be eligible, and that City has no responsibility for contributions beyond the compensation paid to Consultant under this Agreement. As provided this Agreement, the hourly rates, task amounts and reimbursement for specified travel expenses and costs in the Fee Schedule are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services, including all taxes Consultant is required to pay.

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(d) City shall pay Consultant no later than 30 days after City receives a written invoice from Consultant and verifies the Services were performed for the payment requested.
(e) City shall pay Consultant via the Automated Clearing House or as otherwise instructed by Consultant pursuant to Section 4(g) above.

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

9. Intellectual Property, Copyright, and Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disclosed by Consultant to City and Consultant obtains a license to such items for the benefit of City.

All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.

10. Confidentiality. Consultant shall not disclose any confidential or proprietary information received from City to anyone except Consultant’s personnel who require access to the information to perform the Services. This obligation shall survive termination and remain in full force and effect until the information, and any copies thereof, are returned to City or confirmed destroyed in a manner satisfactory to City.

11. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Consultant shall hold harmless, indemnify, and defend with counsel selected by or otherwise acceptable to City, City and its elected and appointed officials, officers, directors, employees, agents, and designated volunteers (collectively “Indemnified Parties”) from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively “Liability”) of every nature arising out of or in connection with Consultant’s performance of the Services, or in connection with Consultant’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of the Indemnified Parties. Consultant’s obligations to hold harmless, indemnify, and defend shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Consultant must respond within 30 days to the tender of any claim for defense and indemnity by City.
(a) Modification for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Consultant’s Docusign Envelope ID: 35B4A83B-35CF-4A0F-8782-AF516B8B517C EXHIBIT A Page 5 of 129
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duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.
(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Consultant’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e)

12. Insurance. Without limiting Consultant’s indemnification of the Indemnified Parties, Consultant shall procure and maintain at its own expense during the term of this Agreement policies of insurance in the amounts and under the terms set forth in Exhibit C Insurance Requirements against claims and Liability that may arise from or in connection with this Agreement and performance of the Services. Upon reasonable written notice, Consultant shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s Risk Manager.

13. Force Majeure; Service Delays. Should Consultant’s performance of the Services be obstructed or delayed due to changes in the Services by City, by any default, act, or omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain goods, materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then Consultant’s time for performance may, at City’s sole discretion, be extended for such periods as may be agreed upon by City and Consultant. Nothing in this section restricts City’s authority in Section 6 to terminate this Agreement.

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

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

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

17. Economic Disclosure. Consultant shall comply with City’s local conflict of interest code implementing the California Political Reform Act, and shall prepare and file Docusign Envelope ID: 35B4A83B-35CF-4A0F-8782-AF516B8B517C EXHIBIT A Page 6 of 129
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an economic disclosure statement if the Services involve making, or participation in making, governmental decisions or financial decisions by City that may have a material effect on Consultant’s financial interests as determined by the City Attorney’s Office.

While it is Consultant’s sole responsibility to evaluate its conflicts of interest, Consultant nevertheless agrees to prepare and file an economic disclosure statement if requested by City.

18. Levine Act Compliance. California Government Code section 84308 (Levine Act) prohibits City officers from participating in any action related to a contract, license, permit, or entitlement if the officer receives political contributions from a party, or participant, or agent thereof, that totals more than $500 within the twelve months preceding the decision or within the twelve months following the date of the final decision.

Consultant shall review and complete as necessary the City’s California Levine Act Disclosure Statement that can be obtained from the City Clerk.

19. Use of Recycled Products. If fitness and quality are equal, then Consultant shall utilize recycled products consistent with the City’s Environmentally Preferrable Purchasing and Practices Policy, and as defined in California Public Contract Code Section 12200 for the Services, instead of nonrecycled products whenever recycled products are available at the same or a lesser cost than nonrecycled items. Information on recycled materials can be found here:
• Sustainable Purchasing | StopWaste - Home, Work, School • Reducing Waste at Work | StopWaste - Home, Work, School • Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing | US EPA

20. Non-Exclusive Agreement. This Agreement is non-exclusive. City reserves the right to provide, and to retain other qualified consultants to provide, services that are the same or similar to the Services.

21. Business Entity Status. Consultant is responsible for filling all required documents and forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, as well as the California Business and Professions Code and any other state statute, to the extent such requirements apply to Consultant to provide the Services. By entering into this Agreement, Consultant represents that it is: authorized to do business in California; in good standing with the California Secretary of State; and, in good standing with all agencies having jurisdiction over Consultant, including any licensing agencies. If Consultant is a suspended entity at the time it enters into this Agreement, City may take steps to void this Agreement.

22. Authority to Execute Agreement. Consultant has taken all necessary action to authorize the execution of this Agreement, and expressly represents that the person signing this Agreement on behalf of Consultant has received and accepted the authority to sign and execute this Agreement on behalf of Consultant. Upon the Effective Date, this Agreement shall constitute a legal, valid and binding obligation of Consultant, enforceable against Consultant in accordance with its terms, which authorization is ratified and confirmed upon Consultant’s acceptance of the first compensation payment by City.

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23. No Subcontracting and No Assignment. Consultant’s unique personal competence, experience, specialized personal knowledge, and professional reputation were a substantial inducement to City for the award of this Agreement to Consultant, therefore no part of the Services may be assigned or subcontracted without City’s prior written consent. For the purposes of this section, a change of fifty percent or more in the ownership or control of Consultant constitutes an assignment.

24. Remedies. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative, and the invocation of a right or remedy will not be construed to waive or elect a remedy with respect to any other available right or remedy. As a condition precedent to commencing legal action involving a claim or dispute against City arising from this Agreement, Consultant must present a written claim to City in accordance with Livermore Municipal Code Chapter 3.40 Claims Administration.

25. Work Eligibility. Consultant warrants that only personnel authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be provided by Consultant for the performance of the Services.

26. Non-Discrimination. In performance of the Services, Consultant agrees that it will not engage in discrimination in employment of persons because of such person’s race, color, religion, sex/gender, gender identity/expression, sexual orientation, marital status, medical condition, military or veteran status, national origin, ancestry, disability, genetic information, age, or any protected classification when providing the Services. Consultant further agrees to comply with all provisions of Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in all programs or activities receiving federal financial assistance. Consultant further assures that it will take necessary actions to ensure compliance with these requirements in the performance of this Agreement.

27. Construction of Language.
(a) The terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Agreement with legal counsel. Any ambiguity in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and any exhibit hereto, the language in the body of the Agreement controls.
(b) For the purposes of this Agreement, the terms “writing” and “written” includes electronic documents and communication via email, but not when those terms are used in Sections 6, 12, 23, and Sections 27 through 30 for notices, consent, or modifications. For the notices, consent, and modifications in Sections 6, 12, 23, and Sections 27 through 30, the terms “writing” and “written” means either a physically tangible document or an electronic document that satisfies the requirements in Livermore Municipal Code Section 2.64 Electronic Signatures.

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

Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is lost or destroyed, an archival copy maintained by City can be used in place of the original for all purposes with the same effect as if it was the original.

29. Notice. Notices under this Agreement must be delivered to the addresses below by deposit in the United States mail or by overnight delivery service, with postage prepaid and delivery confirmation, with a courtesy copy delivered by email to the email addresses below:

TO CITY: Attention: City Engineer
City of Livermore / Community Development
1052 South Livermore Avenue  Livermore, CA, 94550
Email: [email protected]
Email: [email protected]
[email protected]
[email protected]
TO CONSULTANT: Attention: Karen Swaim
Swaim Biological Inc.
4435 First Street, PMB 312
Livermore, CA, 94551
United States
Email: [email protected]

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

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

32. Survival. The terms, conditions, and obligations in Sections 2, 8 through 11, 23, 24, 30, and 31 through 33 shall survive the completion or termination of this Agreement.

33. Jurisdiction and Venue. The interpretation, validity, and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the State of California. Any suit, claim, or legal action of any kind related to this Agreement Docusign Envelope ID: 35B4A83B-35CF-4A0F-8782-AF516B8B517C EXHIBIT A Page 9 of 129
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shall be filed and heard in a court of competent jurisdiction in the County of Alameda or in the United States District Court for the Northern District of California.

34. Electronic Signatures. By signing this document, you are agreeing that you have reviewed this disclosure information and consent to transact business using electronic communications and to utilize electronic signatures in lieu of using paper documents pursuant to Livermore Municipal Code section 2.64 Electronic Signatures and all other applicable laws. You are not required to sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.

35. Counterparts. This Agreement may be executed and delivered in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email, or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals and shall be valid and effective for all purposes.
**************************************************************************************************** Signatures and Exhibit List on the Next Page
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In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date set forth in the first paragraph of this Agreement, which is the date that this Agreement was signed on behalf of City after it was signed by Consultant.

CONSULTANT: Dated:
____________________________ ___________________________ Karen Swaim
Principal
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
Exhibits:

Exhibit A - Scope of Work
Exhibit B - Fee Schedule
Exhibit C - Insurance Requirements
Exhibit D - FEMA Requirements
Exhibit E - FHWA Requirements
Exhibit F - FAA Contract Provisions
Exhibit G - ACTC Requirements
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EXHIBIT A
Scope of Work for

ENVIROMENTAL SUPPORT SERVICES
Swaim Biological Inc. (SBI) will provide professional services to support capital improvement projects, assistance with environmental reports and documents, and federally funded projects, including but not limited to Federal Emergency Management Agency (FEMA) funded projects including Disaster funding and Hazard Mitigation Grant Program funding, Caltrans-Federal Highway Administration (FHWA) funded projects, Federal Aviation Administration (FAA) funded projects, and/or federally funded recovery efforts under US Fish and Wildlife Service. SBI will prepare CEQA/NEPA environmental documents.

1. Assessments & Surveys: Expertise, experience, and resources to perform environmental assessments and surveys, including the following services:
a. Biological Assessments
b. Special Status Species
c. Habitat Assessments
d. Special Status Species Surveys
e. Nesting Bird Surveys
f. Wetland and Jurisdictional Waters Delineations
SBI will provide professional services to planning, resourcing, and executing environmental assessments and surveys that may be necessary to support new construction and ongoing operations within the City. SBI possesses experience and expertise in conducting species surveys and biological monitoring to comply with the City’s Stream Maintenance Program permit and annual notification requirements.

2. Permitting and Compliance Support: SBI will provide expertise, experience, and resources to assist the City with obtaining permits and complying with permitting conditions and regulatory requirements, including the following services:
a. Permitting Assistance
b. Regulatory Compliance
c. Biological Resources assessments to support CEQA and NEPA Services SBI will provide services to complete formal and informal consultations with the U. S. Fish and Wildlife Service and California Department of Fish and Wildlife under Sections 7 and 10 of the federal Endangered Species Act, and Section 2081 of the California Endangered Species Act. SBI will provide services and local regulatory experience to navigate the regulatory processes associated with obtaining permits from the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act and Section 10 of the River and Harbor Act of 1899; Water Quality Certifications under Section 401 and Waste Discharge Requirements under the Porter-Cologne Act; and Section 1600 Lake and Streambed Alteration Agreements with the California Department of Fish and Wildlife.

3. Construction Support: SBI will provide expertise, experience, and resources to assist the City with monitoring and managing construction activities to comply with permitting conditions and regulatory requirements, including the following services:

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a. Preconstruction surveys
b. Creating and implementing compliance programs
c. Training
d. Monitoring conditions during and after construction

4. Habitat Mitigation and Restoration Planning: SBI will provide expertise, experience, and resources to assist the City with the planning and design of mitigation and restoration measures to address construction impacts, including the following services:
a. Habitat Restoration
b. Mitigation Planning
c. Mitigation Design and Monitoring
d. Wetland Creation, Restoration, and Monitoring
e. Long Term Management Plan Development

5. Other Services: SBI will provide technical proficiency to perform the following services:
a. Professional third-party review, such as peer reviews, of studies and permitting documents.
b. Development of graphics and exhibits depicting environmental information including drawings, mapping, and posters.
c. Data collection in the field using Geographic Positioning System (GPS) technology, with expertise in integrating the field date with existing Geographic Information Systems (GIS) datasets and combining with high-resolution georeferenced aerial photographs. d. Extensive knowledge of and capability in using GIS to perform geospatial analysis and prepare mapping. All GIS files provided to the City are to be compatible with the latest version of GIS used by the City.

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EXHIBIT C
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Docusign Envelope ID: 35B4A83B-35CF-4A0F-8782-AF516B8B517C EXHIBIT A Page 117 of 129
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EXHIBIT F Page 34 of 40
Docusign Envelope ID: 35B4A83B-35CF-4A0F-8782-AF516B8B517C EXHIBIT A Page 119 of 129
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Docusign Envelope ID: 35B4A83B-35CF-4A0F-8782-AF516B8B517C EXHIBIT A Page 120 of 129
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Docusign Envelope ID: 35B4A83B-35CF-4A0F-8782-AF516B8B517C EXHIBIT A Page 121 of 129
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Docusign Envelope ID: 35B4A83B-35CF-4A0F-8782-AF516B8B517C EXHIBIT A Page 122 of 129
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Docusign Envelope ID: 35B4A83B-35CF-4A0F-8782-AF516B8B517C EXHIBIT A Page 123 of 129
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Docusign Envelope ID: 35B4A83B-35CF-4A0F-8782-AF516B8B517C EXHIBIT A Page 124 of 129
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Docusign Envelope ID: 35B4A83B-35CF-4A0F-8782-AF516B8B517C EXHIBIT A Page 125 of 129
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EXHIBIT G Page 1 of 4
Docusign Envelope ID: 35B4A83B-35CF-4A0F-8782-AF516B8B517C EXHIBIT A Page 126 of 129
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Docusign Envelope ID: 35B4A83B-35CF-4A0F-8782-AF516B8B517C EXHIBIT A Page 127 of 129
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Docusign Envelope ID: 35B4A83B-35CF-4A0F-8782-AF516B8B517C EXHIBIT A Page 128 of 129
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Docusign Envelope ID: 35B4A83B-35CF-4A0F-8782-AF516B8B517C EXHIBIT A Page 129 of 129
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Livermore City CouncilSeptember 8, 2025

Livermore City Council
September 8, 2025