Attachments:
1. Map of the Crosby Properties
2. Memorandum of Understanding between the Cities of Dublin and Livermore dated May 3, 2016
3. Memorandum of Understanding between Alameda County Transportation Commission and the Cities of Dublin and Livermore dated September 25, 2020
4. Livermore City Council staff report dated October 9, 2023
5. Livermore City Council staff report dated November 13, 2023
6. City of Dublin and City of Livermore Joint Letter to Alameda County LAFCo dated December 26, 2023 1783
Attachment 1
Dublin City Limits Livermore
City Limits Crosby Properties
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MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF LIVERMORE AND CITY OF DUBLIN
FOR THE DUBLIN BOULEVARD/NORTH CANYONS PARKWAY EXTENSION PROJECT (INlTIAL PRELIMINARY DESIGN PHASE)
This MEMORANDUM OF UNDERSTANDING, dated as of the a_ "'-day of ~ , 2016 (this "MOU"), is entered into by the City of Livermore, a Municlpal Corration ("LIVERMORE") and the City of Dublin, A Municipal Corporation ("DUBLIN").
SECTION I - RECITALS
A. The Dublin Boulevard/North Canyons Parkway Extension Project is a project to connect existing Dublin Boulevard in DUBLIN to North Canyons Parkway in LIVERMORE (the "ROADWAY"}, an approximate distance of 8,100 feet, shown in FIGURE 1 attached hereto and incorporated herein by reference (the "PROJECT").
B. DUBLIN's general plan reflects an ultimate six lane configuration within the PROJECT limits. LIVERMORE's general plan . refle'cts four lanes within the PROJECT limits. Both Livermore and Dublin would like ·to reconcile the planned number of lanes within the PROJECT limits to meet future transportation needs.
C. The PROJECT is included in DUBUN's Eastern Dublin Traffic Impact Fee program, which has been accumulating partial funding for the PROJECT.
D. The PROJECT is included in LIVERMORE's Traffic Impact Fee Program, which has been accumulating partial funding for the PROJECT.
E. The PROJECT is included in the Alameda Countywide Transportation Plan and the Plan Bay Area, a transportation blueprint of Countywide and 9 Bay Area Counties, respectively.
F. LIVERMORE and DUBLIN have been coordinating regarding the extension of the ROADWAY, and agree that the ROADWAY will generally follow a horizontal alignment parallel to 1-580. The precise alignment is expected to be developed as part of the PROJECT.
G. The PROJECT will require a traffic study be completed and a preliminary design be drafted prior to any construction.
H. The ROADWAY alignment will traverse through lands within unincorporated Alameda County between the LIVERMORE and DUBLIN jurisdictional boundaries.
LIVERMORE and DUBLIN understand that on-going support will be required from Alameda County in the implementation of the PROJECT and agree that the PROJECT will be coordinated wlth Alameda County prior to the City Council of either DUBLIN or LIVERMORE taking any action to approve construction of the PROJECT.
L LIVERMORE and DUBLIN recognize that the lands within unincorporated Alameda County between the LIVERMORE and DUBLIN jurisdictional boundaries are outside of either jurisdiction's urban growth boundary. Development of this area is governed by Alameda County Measure D.
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J. The parties intend to define herein the understanding by which LIVERMORE and DUBLIN are to implement the initial preliminary design phase of the PROJECT.
SECTION II - UNDERSTANDING
Now, therefore, in exchange for DUBLIN's promises to undertake the studies and design work for the portions of the PROJECT located within LIVERMORE pursuant to the provisions below, and for LIVERMORE'S promises to authorize and reimburse DUBLIN to undertake such studies and design work pursuant to the provisions below, LIVERMORE and DUBLIN agree as follows:
1. PURPOSE. The purpose of this MOU is to set forth the parties' goals and expectations with respect to implementing the initial preliminary design phase (the "Preliminary Engineering") of the PROJECT. The Preliminary Engineering will be accomplished through the completion of a Traffic Study and the Initial Preliminary Design, as further explained under Section 11.2 and 11.3 of this MOU. This MOU shall only be construed to create the specific rights and obligation set forth herein, and is not intended, and shall not be construed, to create any rights or obligations beyond those that do not otherwise exist under the law.
2. TRAFFIC STUDY. DUBLIN'S General Plan recommends six lane capacity for the PROJECT. Livermore's General Plan recommends four lane capacity for the PROJECT.
Due to the changes to land uses in the PROJECT viclnity, it is possible that a different capacity is now needed. DUBLIN will conduct a traffic study for the PROJECT to determine the ultimate capacity (number of lanes) of the ROADWAY to be located in the entire PROJECT area which includes portions of DUBLIN, LIVERMORE and unincorporated portions of Alameda County. The scope of work, fee, and selection of consultants for the traffic study will be approved by LIVERMORE's City Engineer prior to DUBLIN'S commencement of the study. Where the study is conducted within the jurisdictional boundaries of LIVERMORE the study will be conducted to the satisfaction of LIVERMORE, in accordance with LIVERMORE standards and requirements. Parties to this MOU understand that changes to the PROJECT capacity (number of lanes) may require amendments to the General Plans and any associated planning documents. Any necessary General Plan amendments will be processed and funded exclusively by the jurisdiction(s) performing the amendments. Furthermore, parties to this MOU understand that certain lands within the PROJECT limits are under the jurisdiction of the Alameda County and any changes to the land use in this area must be approved by the Alameda County. Such approval will be coordinated by both parties to this MOU. This MOU does not commit either DUBLIN or LIVERMORE to construct any aspect of the PROJECT and does not commit either DUBLIN or LIVERMORE to alter their General Plans or make any other changes to land use regulations. As such, this MOU does not reasonably have the potential to impact the environment and does not constitute a project for the purposes of the California Environmental Quality Act (CEQA). Before approvals to move forward with construction of the PROJECT occurs and before any land use regulation of either DUBLIN or LIVERMORE is altered, each City will ensure that any requirements of CEQA are fulfilled.
3. INITIAL PRELIMINARY DESIGN. DUBLIN will complete the initial preliminary design for the PROJECT within LIVERMORE and DUBLIN. The scope of work, fee, and selection of consultants for the initial preliminary design will be approved by LIVERMORE prior to DUBLIN'S commencement of the design work. The initial preliminary design of the 2 ATTACHMENT 1
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PROJECT will determine the street cross-sections, preferred horizontal and vertical ROADWAY alignment, generate a right-of-way base map, and develop a planning level cost estimate. The initial preliminary design shall accommodate the planned extension of BART to Livermore. The initial preliminary design shall identify appropriate access points to land fronting the PROJECT. Abutter$' rights shall be restricted along the roadway through unincorporated Alameda County to only allow development consistent with Alameda County Measure D. All engineering and design work performed in or regarding work to be performed in LIVERMORE shall be performed to the satisfaction of LIVERMORE.
4. INVOICING AND PAYMENT.
a. DUBLIN will invoice LIVERMORE for reimbursement of DUBLIN'S consultant costs incurred in performing the traffic study and initial preliminary design phase tasks under this MOU no less than quarterly. LIVERMORE will reimburse DUBLIN twenty percent (20%) of the cost for traffic study and initial preliminary design of the PROJECT no later than 30 days after receipt of an invoice from DUBLIN. DUBLIN and LIVERMORE agree that this twenty percent cost allocation is a rough reflection of the PROJECT area contained in each of their respective jurisdictions, as demonstrated in FIGURE 1 attached hereto. b. If either party is successful in receiving grant funding for the traffic study and preliminary design phase, grant funding will be used first for this work and will be shared on the basis of the ratio of cost sharing under Section 11.4.a. Each party will provide the local match, if required, on the basis. of the cost sharing ratio outlined in Section 11.4.a. c. Excluding the costs of the· traffic study and initial preliminary deslgn phase, LIVERMORE and DUBLIN will divide the remaining costs for the PROJECT as follows:
DUBLIN and LIVERMORE will split all costs of the PROJECT related to construction in Alameda County on a 50-50 basis. DUBLIN will be responsible for all costs associated with the PROJECT in its jurisdiction. LIVERMORE will be responsible·for all costs associated with the PROJECT in its jurisdiction.
5. FUTURE PROJECT PHASES. LIVERMORE and DUBLIN agree to jointly seek funding for future PROJECT phases, including, but not limited to, preliminary engineering, right-of-way, and construction phases. Potential grant funding includes Alameda County Transportation Commission Measure BB. At the time DUBLIN and LIVERMORE intend to proceed with future PROJECT phases, DUBLIN and LIVERMORE shall enter into an agreement for future PROJECT phases.
6. HOLD HARMLESS.
a. Nothing in this MOU is intended to affect the legal liability of any party by imposing any standard of care, with respect to the work performed hereunder, different from the standard of care imposed by law.
b. DUBLIN shall defend, hold harmless, and indemnify LIVERMORE, and lts officers, agents and employees, against any and all claims, demands, damages, costs, expenses or liability related to or arising out of DUBLIN'S performance of this MOU, except for liability arising out of the sole negligence or willful misconduct of LIVERMORE, or its officers, agents or employees.
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c. LIVERMORE shall defend, hold harmless, and indemnify DUBLIN, and its officers, agents and employees, against any and all claims, demands, damages, costs, expenses or liability related to or arising out of LIVERMORE'S performance of this MOU, except for liability arising out of the sole negligence or willful misconduct of DUBLIN, or its officers, agents or employees.
d. DUBLIN will ensure that each contract it enters into with a consultant or contractor for work on the PROJECT requires the contractor or consultant to defend, hold harmless, and indemnify UVERMORE, and its officers, agents and employees, against any and all claims, demands, damages, costs, expenses or llability related to or arising out of the contractor's or consultant's work on the PROJECT, except for liability arising out of the sole negligence or willful misconduct of LIVERMORE, or its officers, agents or employees.
7. TERM OF MOU. This MOU shall expire upon the completion of the tasks set forth in Section
11.2 and 11.3 of the MOU or within five (5) years of the date this MOU is fully executed, whichever comes first.
8. MOU MODIFICATION. This MOU shall be subject to modification only with the written consent of each party hereto. No party shall unreasonably withhold its consent to modification for the implementation and accompllshment of the overall purpose for which this MOU is made.
9. ACCOUNTABILITY. The parties shall provide strict accountability of any and all funds and shall report to each other all receipts and disbursements.
10. USE OF FUNDS. Funds contributed for the PROJECT shall be used solely for the PROJECT.
11. MOU CONSTRUCTION. The section headings and captions of this MOU are, and the arrangement of this instrument is, for the sole convenience of the parties to this MOU. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this MOU.
12. ENTIRE MOU. This MOU contains the entire understanding of the parties relating to the subject matter of this MOU. No promise, representation, warranty or covenant not included in this MOU has been or is relied upon by any party.
13. COUNTERPARTS. This MOU may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original with all counterparts constituting but one and the same instrument. The execution of this MOU will not become effective until counterparts have been executed by both parties. Faxed signatures on this MOU or any notice, consent, or amendment required under this MOU are binding. 4 ATTACHMENT 1
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14. NOTICES. All correspondence regarding this MOU, including invoices, payments, and notices shall be directed to the following persons at the following addresses and facsimile numbers, which may be changed by written notice from one party to the other:
LIVERMORE:
Bob Vinn, Assistant City Engineer
1052 S. Livermore Avenue
Livermore, CA 94550
FAX: (925) 960-4504
Cc: City Attorney, City Engineer
DUBUN:
Gary Huisingh, Public Works Director
100 Civic Plaza
Dublin, CA 94568
Fax: (925) 833-6628
15. GOVERNING LAW; VENUE. This MOU will be governed and construed in accordance with California law. The venue of any litigation arising out of this MOU will be Alameda County. [Signatures appear on following page.]
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IN WITNESS WHEREOF, the parties have each executed this MOU as of the date first set forth above.
APPROVED AS TO FORM:
istant City
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6 DUB~~
By: Christopher L. Foss, CityanaQer ~
APPROVED AS TO FORM;
By:~-~
jnsil<ker, City Attorney
ATTACHMENT 1
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N.T.S
ATTACHMENT 1
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COOPERATIVE AGREEMENT FOR THE
DUBLIN BOULEVARD/NORTH CANYONS PARKWAY EXTENSION PROJECT'S
PS&E PHASE BETWEEN ALAMEDA COUNTY TRANSPORTATION COMMISSION,
CITY OF LIVERMORE, AND CITY OF DUBLIN
This COOPERATIVE AGREEMENT, dated as ofthe_day of ____ _, 2020 (this "AGREEMENT"), is entered into by, among, and between the Alameda County Transportation Commission, a joint powers agency ("Alameda CTC"), the City of Livermore, a municipal corporation ("LIVERMORE"), and the City of Dublin, a municipal corporation ("DUBLIN").
Alameda CTC, LIVERMORE and DUBLIN are each individually referred to as a "PARTY" and collectively referred to as the "PARTIES."
RECITALS
A. DUBLIN proposes to extend Dublin Boulevard from its current terminus at Fallon Road for an approximate distance of 8,300 feet to connect to North Canyons Parkway in LIVERMORE as further defined in this AGREEMENT ("PROJECT").
B. The PARTIES agree that the PROJECT will generally follow a horizontal alignment parallel to 1-580. The PROJECT alignment from Fallon Road to North Canyons Parkway will traverse through an unincorporated area of Alameda County between the jurisdictional boundaries for DUBLIN and LIVERMORE. PARTIES acknowledge that the unincorporated area of Alameda County between the jurisdictional boundaries for LIVERMORE and DUBLIN is outside their respective urban growth boundaries, and that development in that area is subject to Alameda County's land use authority and regulations, including Measure D.
C. The PROJECT is included in the Alameda Countywide Transportation Plan and in the Plan Bay Area 2040.
D. The PROJECT is included in DUBLIN's Eastern Dublin Traffic Impact Fee program, which has accumulated partial funding for the PROJECT.
E. The PROJECT is included in LIVERMORE's Traffic Impact Fee Program, which has accumulated partial funding for the PROJECT.
F. The PROJECT consists of the following four key implementation phases that are defined in this AGREEMENT:
• PE Phase
• PS&E Phase
• Right-of-Way Certification Phase
• Construction Phase
G. DUBLIN is and has served as the PROJECT SPONSOR, as defined in this AGREEMENT, for the PROJECT and is the IMPLEMENTING AGENCY, as defined in this AGREEMENT, for the PE Phase for the Project.
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H. Alameda CTC will be the IMPLEMENTING AGENCY for the PS&E Phase, as defined in this AGREEMENT, for the PROJECT.
I. On May 3, 2016, DUBLIN and LIVERMORE entered into a Memorandum of Understanding ("MOU") attached hereto as Attachment 1, to complete the PE Phase for the PROJECT.
J. In coordination with Alameda CTC and LIVERMORE, DUBLIN is completing the PE Phase for the PROJECT. The PE Phase has progressed successfully and is anticipated to be completed in 2020. DUBLIN retained a consultant for the PE Phase work (see DUBLIN City Council Resolution 161-16 attached as Attachment 2). As provided for in section 4 of the MOU, LIVERMORE is reimbursing DUBLIN for 20% of the consultant's costs paid by DUBLIN for work on the PE Phase.
K. The PARTIES have secured adequate funding from various sources for the PS&E Phase for the PROJECT.
L. Alameda CTC supports this PROJECT and on April 27, 2017, agreed to provide Measure BB funding, staff, and resources for both the PE Phase and for the upcoming PS&E Phase. On March 28, 2019, Alameda CTC agreed to be the IMPLEMENTING AGENCY, as that term is defined in this AGREEMENT.
M. The PARTIES now wish to enter into this AGREEMENT to confirm their joint commitment to the PROJECT and to establish the general terms, the various roles and responsibilities each PARTY will perform, and actions needed to be taken to complete the PS&E Phase of the PROJECT.
N. The PARTIES are interested in continuing to work together in good faith to define the assignment and coordination of the various tasks and responsibilities needed to effectuate the PS&E Phase of the PROJECT.
0. The PARTIES have not yet identified or secured funding for the Right-of-Way Certification Phase and the Construction Phase for the PROJECT, as those phases are defined in this AGREEMENT. Nevertheless, PARTIES desire to work in coordination to secure local and regional funding for those remaining phases.
P. The PARTIES understand that they will need to enter into a future agreement to define their respective roles and responsibilities related to Right-of-Way Certification Phase and Construction Phase before that work can proceed.
AGREEMENT
NOW, THEREFORE, the PARTIES hereby agree that the aforementioned recitals are true and correct, and further agree as follows:
SECTION I - DEFINITIONS
The following terms in this AGREEMENT shall have the following meanings:
"Alameda Countywide Transportation Plan" means the long-range policy document approved by Alameda CTC in July 2016 that guides decisions and articulates the vision 2 1793
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for Alameda County's transportation system over a 25-year planning horizon. "DSRSD" means the Dublin San Ramon Services District, the agency that provides wastewater collection and treatment for DUBLIN, Pleasanton, and the southern portion of San Ramon.
"FUTURE PROJECT PHASES" means the PS&E Phase, Right-of-Way Certification Phase, and Construction Phase for the PROJECT, as those phases are defined herein. "1-580" means Interstate 580.
"LOCAL SUPPORT COST" means staff and consultant costs incurred respectively by DUBLIN and LIVERMORE to review and inspect the PROJECT plans, specification and estimates for the PROJECT, as well as their respective fees and costs for encroachment permits, investigations, reviews, inspections, and certifications for those portions of the PROJECT in their respective jurisdictions.
"MATCHING FUNDS" means the monies that must be provided by grant applicants from other sources as a condition to receive grant funds from an awarding agency. "Measure BB" means the measure approved by Alameda County voters in November 2014 authorizing an extension of the previously approved transportation sales tax, Measure B, and authorizing an additional ½ cent sales tax. "Measure D" means the initiative approved by Alameda County voters approved in November 2000, also known as "Save Agriculture and Open Space Lands Initiative." "Plan Bay Area 2040" means the nine-county regional transportation plan approved by the Association of Bay Area Governments and the Metropolitan Transportation Commission in July 2017 that guides decisions and articulates the vision for the nine-County Bay Area region's transportation system over a 25-year planning horizon. "PROJECT" means the Dublin Boulevard/North Canyons Parkway Extension Project to connect Dublin Boulevard in Dublin from its terminus at Fallon Road to North Canyons Parkway in Livermore with an approximate distance of 8,300 feet, as shown in FIGURE 1 and detailed in Attachment 3.
"PROJECT ENVIRONMENTAL DOCUMENTS" means the documents that were prepared during the PE PHASE, and that include the Environmental Impact Report (EIR) prepared pursuant to the California Environmental Quality Act, and the Environmental Assessment (EA) prepared pursuant to the requirements of National Environmental Policy Act. "PROJECT MAINTENANCE" means all activities to maintain, repair, and replace the PROJECT, and any parts thereof after the PROJECT is completed, which includes but is not limited to, the following: street rehabilitation; traffic signals, street lighting, and electrical equipment; utility costs and charges for operating electrical equipment for the PROJECT; the Cottonwood Creek Bridge and associated structures; landscaping, watering, weed abatement; the associated stormwater treatment and conveyance system; and PROJECT mitigation monitoring.
"PROJECT PHASES" means the following four key phases of the PROJECT:
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"PE Phase" means the phase during which the preliminary engineering for the PROJECT is completed, including: the completion of a traffic study to determine the required number of travel lanes; certification and/or approval of the PROJECT environmental documents; finalization of the PROJECT alignment; and preparation of preliminary engineering level plans and estimates. "PS&E Phase" means the phase during which the plans, specifications, and estimates for the PROJECT will be determined and produced. Right-of-Way design, appraisal and engineering work will also be completed during this phase.
The PS&E Phase scope of work to be performed by the IMPLEMENTING AGENCY is defined in Attachment 4.
"Right-of-Way Certification Phase" means the phase during which the acquisition and certification of land needed for the PROJECT will be performed. "Construction Phase" means the phase during which the PROJECT will be constructed.
"Traffic Impact Fee Program" means the respective programs in DUBLIN and LIVERMORE for a planned approach to collect fees from new or proposed development projects to pay for all or a portion of the costs of providing transportation infrastructure. "Urban growth boundary" means the respective regional boundaries established for DUBLIN and LIVERMORE to control urban sprawl, mandating that the area inside the boundary be used for urban development and the area outside be preserved in its natural state or used for agriculture.
SECTION II - COOPERATION ON THE PROJECT
1. PURPOSE. The purpose of this AGREEMENT is to define the PROJECT PHASES and the respective duties and responsibilities for each PARTY to implement the PS&E Phase for the PROJECT. This AGREEMENT is not intended to, and shall not be interpreted to, create any specific duties or responsibilities for a PARTY that is not set forth herein or that does not otherwise exist under the law independent from this AGREEMENT. This AGREEMENT is intended solely for the benefit of the PARTIES and shall not be construed to create any rights in any other persons or entities.
2. DUTIES AND RESPONSIBILITIES. The PARTIES have the following duties and responsibilities, respectively:
a. IMPLEMENTING AGENCY. Alameda CTC is the IMPLEMENTING AGENCY for the PROJECT during the PS&E Phase. As the IMPLEMENTING AGENCY, Alameda CTC will implement the PROJECT and control all aspects of project management, including selecting consultants, overseeing PARTIES' commitments, and implementing all day-today PROJECT control elements for the PS&E Phase. Prior to the completion of the PS&E Phase, the PARTIES shall meet and confer to identify which PARTY will be the IMPLEMENTING AGENCY for the Right-of-Way Certification Phase and the Construction Phase for the PROJECT.
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b. PROJECT SPONSOR. DUBLIN is the PROJECT SPONSOR for the PROJECT and for all FUTURE PROJECT PHASES for the PROJECT. As the PROJECT SPONSOR, Dublin will coordinate the PROJECT, ensure all PROJECT activities are completed in a timely manner by the IMPLEMENTING AGENCY (including those portions of the PROJECT located within unincorporated area of Alameda County and LIVERMORE), and is responsible for coordinating the work for the PROJECT and all FUTURE PROJECT PHASES. As the PROJECT SPONSOR, DUBLIN is responsible for advocating for the PROJECT during any future updates to the regional, state and federal planning documents for the PROJECT. As the PROJECT SPONSOR, DUBLIN is also the PARTY primarily responsible for finding PROJECT funding.
c. LOCAL SUPPORT COSTS. DUBLIN and LIVERMORE will fund their respective shares of any LOCAL SUPPORT COSTS to implement the PS&E Phase for the Project.
3. ROADWAY CAPACITY. DUBLIN, in coordination with the other PARTIES, has completed a traffic study for the PROJECT for the PROJECT ENVIRONMENTAL DOCUMENTS, and has determined the needed capacity of ROADWAY is as follows, as shown in Figure 1 attached to this AGREEMENT: a six-lane segment from Fallon Road to Croak Road in DUBLIN; and, a four-lane segment from Croak Road and through the unincorporated area of Alameda County to North Canyons Parkway in LIVERMORE.
4. PROJECT MAINTENANCE. PARTIES acknowledge that PROJECT MAINTENANCE will be required after the PROJECT's completion. DUBLIN and LIVERMORE will be responsible for PROJECT MAINTENANCE costs for those portions of the PROJECT in their respective jurisdictions after the PROJECT is accepted as complete. Prior to the completion of the PROJECT CONSTRUCTION PHASE, the PARTIES shall meet and confer to identify who will be responsible for the costs to maintain that portion of the PROJECT in the unincorporated area of Alameda County.
5. FUTURE AMENDMENT OR A NEW AGREEMENT. The PARTIES agree to meet and confer to define the roles and responsibilities of each PARTY related to Right-of-Way Certification Phase and the Construction Phase for the PROJECT.
6. PROJECT FUNDING AND COST SHARING. The PARTIES shall fund the PROJECT PHASES as set forth below and as outlined in Table 1:
a. PE Phase funding has been secured and no additional funding is needed. b. DUBLIN, as a PROJECT SPONSOR and the implementing agency for the PE phase, has received Measure BB funding for the PE Phase and PS&E Phase through Alameda CTC's 2018 Comprehensive Investment Plan approved on April 27, 2017, and DUBLIN shall commit that portion of the Measure BB funding to the PS&E Phase for the PROJECT. c. Work for right-of-way design, appraisal and engineering, as part of the PS&E Phase, will be in support of the right-of-way identified in Dublin's Ordinance 10-19 (Attachment 4) including supporting easements in order to construct and operate the roadway as defined in the PROJECT ENVIRONMENTAL DOCUMENTS.
d. Alameda CTC acknowledges that MATCHING FUNDS are not required for the PS&E Phase of the PROJECT. Alameda CTC will be responsible to administer funds awarded in the 2018 Comprehensive Investment Plan.
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e. Funding for the Right-of-Way Certification Phase and Construction Phase for the Project has not been secured by the PARTIES. It is understood and agreed by the PARTIES that additional funding is required to complete the Right-of-Way Certification Phase and Construction Phase for the PROJECT. The PARTIES agree to work collaboratively to pursue regional, state, and federal funding and support efforts by the PROJECT SPONSOR and IMPLEMENTING AGENCY to secure needed PROJECT funding for Right-of-Way Certification Phase and Construction Phase for the PROJECT. f. DUBLIN and LIVERMORE will independently or jointly seek grant funding for the Rightof-Way Certification Phase and Construction Phase for the PROJECT. All funding requests will be coordinated among the PARTIES.
g. It is agreed by DUBLIN and LIVERMORE that LOCAL SUPPORT COSTS will be funded by each jurisdiction through its own funding sources and separate from the funds already allocated to the PROJECT.
h. The PARTIES agree that any changes to the PS&E Phase scope of work set forth in Attachment 5 must be unanimously approved in writing by all PARTIES. If the PARTIES agree to a change that triggers a need for additional funding beyond what is available for the PS&E Phase costs as defined in Table 1, then the PARTIES shall meet and confer to determine how to secure funding for those additional costs. i. The PS&E Phase costs are associated with utility related improvements may be funded by the respective utility company. For the purpose of this AGREEMENT, such costs are included in the PS&E Phase cost (Table 1 ). The PARTIES agree that consultation with the utility companies will be needed during the PS&E Phase. If there are any changes to the PS&E scope of work related to utilities that results in additional costs for the PS&E Phase, then the PARTIES shall meet and confer to determine how to secure funding for those additional costs.
j. The PARTIES agree that DUBLIN will be responsible for negotiating the costs associated with DSRSD services inside DUBLIN jurisdiction during the PS&E Phase and if such costs are determined to be DSRSD's responsibility to fund, then PS&E Phase costs in Table 1 will be reduced by the same amount without the need for an amendment to this AGREEMENT. If the DSRSD related utility work costs exceed the PS&E Phase costs (Table 1), then the PARTIES shall meet and confer to determine how to secure funding for those additional costs.
k. The PARTIES agree that DUBLIN and LIVERMORE shall be responsible for any fees for encroachment permits, investigations, reviews, inspections, and certifications for those portions of the PROJECT in their respective jurisdictions. The PARTIES further agree to meet and confer prior to the completion of the PROJECT CONSTRUCTION PHASE to determine how to apportion among and between the PARTIES any fees for encroachment permits, investigations, reviews, inspections, and certifications imposed by Alameda County for those portions of the PROJECT in the unincorporated area of Alameda County.
7. PROJECT COST SHARING FOR LOCAL MATCH FOR RIGHT-OF-WAY CERTIFICATION PHASE AND CONSTRUCTION PHASE FOR THE PROJECT. LIVERMORE and DUBLIN agree that any requirements for MATCHING FUNDS associated with grant funding for the Right-of-Way Certification Phase or the Construction Phase for the PROJECT shall be divided 6 1797
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between themselves as follows: DUBLIN and LIVERMORE will split MATCHING FUND requirements for work in the unincorporated area of Alameda County on a 50-50 basis.
DUBLIN and LIVERMORE will be responsible for MATCHING FUND requirements for work associated with the Right-of-Way Certification Phase and Construction Phase for the PROJECT in their respective jurisdictions. The PARTIES agree to meet and confer to memorialize details associated with the PROJECT cost sharing for MATCHING FUND requirements for the Right-of-Way Certification Phase and the Construction Phase for the PROJECT.
8. HOLD HARMLESS.
a. Nothing in this AGREEMENT is intended to affect the legal liability of any PARTY by imposing any standard of care, with respect to the work performed hereunder, different from the standard of care imposed by law.
b. The PARTIES agree that they shall mutually defend, hold harmless, and indemnify each other and their respective elected and appointed officials, officers, agents, and employees, against any and all claims, demands, damages, costs, expenses, or liability related to or arising out of each PARTY's own individual performance of this AGREEMENT, except for liability arising out of the PARTY's sole negligence or willful misconduct of DUBLIN, LIVERMORE, and/or ALAMEDA CTC, and/or any officer, agent, or employee of the respective PARTY.
c. Each PARTY will ensure that any contract it enters into with a consultant or contractor for work on PROJECT requires the contractor or consultant to defend, hold harmless, and indemnify all other PARTIES, and their officers, agents, and employees, against any and all claims, demands, damages, costs, expenses, or liability related to or arising out of the contractor's or consultant's work on the PROJECT, except for liability arising out of the sole negligence or willful misconduct of said PARTY, or its officers, agents, or employees.
9. TERM OF AGREEMENT. This AGREEMENT shall expire upon the completion of the PS&E Phase, but may be terminated earlier by a written mutual consent signed by all of the PARTIES.
10. AGREEMENT MODIFICATION. This AGREEMENT shall be subject to modification only with the written consent of each PARTY hereto. No PARTY shall unreasonably withhold its consent to modification for the implementation and accomplishment of the overall purpose for which this AGREEMENT is made.
11. ACCOUNTABILITY. The PARTIES shall provide strict accountability of any and all funds and shall report to each other all receipts and disbursements.
12. USE OF FUNDS. Funds contributed for the PROJECT, as shown in Table 1, shall be used solely for the PROJECT.
13. AGREEMENT CONSTRUCTION. The section headings and captions of this AGREEMENT are, and the arrangement of this instrument is, for the sole convenience of the PARTIES to this AGREEMENT. The section headings, captions, and arrangement of this instrument do not in any way affect, limit, amplify, or modify the terms and provisions of this AGREEMENT. 7 1798
DocuSign Envelope ID: 6433A7B9-4C34-4F08-93DD-BE4955FFDD6F ATTACHMENT 3
14. ENTIRE AGREEMENT. This AGREEMENT contains the entire understanding of the PARTIES relating to the subject matter of this AGREEMENT. No promise, representation, warranty, or covenant not included in this AGREEMENT has been or is relied upon by any PARTY.
15. COUNTERPARTS. This AGREEMENT may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original with all counterparts constituting but one and the same instrument. The execution of this AGREEMENT will not become effective until counterparts have been executed by all PARTIES. Faxed or emailed signatures on this AGREEMENT or any notice, consent, or amendment required under this AGREEMENT are binding.
16. NOTICES. All correspondence regarding this AGREEMENT, including invoices, payments, and notices shall be directed to the following persons at the following addresses and facsimile numbers, which may be changed by written notice from one party to the other:
Alameda CTC
Tess Lengyel
Executive Director
1111 Broadway, Suite 800
Oakland, CA 94607
FAX: (510) 208-7499
DUBLIN:
Andrew Russell
Public Works Director
100 Civic Plaza
Dublin, CA 94568
Fax: (925) 833-6628
LIVERMORE:
Bob Vinn
Assistant City Engineer
1052 S. Livermore Avenue
Livermore, CA 94550
FAX: (925) 960-4504
Cc: City Attorney, City Engineer
17. GOVERNING LAW; VENUE. This AGREEMENT will be governed and construed in accordance with California law. The venue of any litigation arising out of this AGREEMENT will be Alameda County.
[Signatures appear on following page.]
8 1799
DocuSign Envelope ID: 6433A7B9-4C34-4F08-93DD-BE4955FFDD6F ATTACHMENT 3
IN WITNESS WHEREOF, the parties have each executed this AGREEMENT as of the date first set forth above.
Alameda CTC: LIVERMORE:
Tess Lengyel, Executive Director Marc Roberts, City Manager
APPROVED AS TO LEGAL
FORM: APPROVED AS TO FORM:
~"""""""
By·~l5l~;":::.;(.,
Wendel Rosen LLP
Legal Counsel to Alameda CTC
Attachments:
Figure 1
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Table 1
Project Location
MOU between DUBLIN and LIVERMORE
DUBLIN City Council Resolution 161-16
PROJECT Description
Dublin ROW Ordinance
PS&E Phase Scope of Work
Funding allocation Local Support Costs
DUBLIN:
By: __________ _
Linda Smith, City Manager
APPROVED AS TO FORM:
By: _________ _
John Bakker, City Attorney
1800
DocuSign Envelope ID: 6433A7B9-4C34-4F08-93DD-BE4955FFDD6F ATTACHMENT 3 '
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CITY COUNCIL STAFF REPORT ITEM NO. 7.1
DATE: October 9, 2023
TO: Honorable Mayor and City Council
FROM: Paul Spence, Community Development Director
SUBJECT: Discussion of staff's response to the Municipal Services Review Survey administered by the Alameda County Local Agency Formation Commission including a proposed amendment to Livermore's Sphere of Influence; and direction on conducting a citywide poll to reaffirm Livermore's interests to preserve open space and scenic corridor above highway 580.
RECOMMENDED ACTION
Staff recommends the City Council:
1. Receive information regarding a potential amendment to Livermore's Sphere of Influence related to the Municipal Services Review Survey response to the Alameda County Local Agency Formation Commission; and
2. Direct staff to conduct a citywide poll to reaffirm Livermore's interests to preserve open space and scenic corridor above highway 580.
SUMMARY
The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 requires Local Agency Formation Commissions (LAFCos) to conduct special studies known as Municipal Service Reviews (MSRs) every 5 years. The MSRs examine future growth and how local agencies are planning for that growth with regards to municipal services and infrastructure systems. Staff completed the MSR survey and submitted responses on behalf of the City on September 18, 2023. As part of that response, staff included a request to amend the City’s Sphere of Influence (SOI) boundaries and note the City’s intent to annex the "Crosby Properties" in Doolan Canyon between the City of Dublin and the City of Livermore.
Including the Crosby Properties in the City of Livermore’s SOI will ensure that the existing greenbelt buffer between the City of Dublin and the City of Livermore will be maintained and the agricultural and open space lands within the buffer will be preserved. In addition, preserving this area in Doolan Canyon is consistent with the City of Livermore’s General Plan, Alameda County's General Plan, and Alameda County Measure D.
ATTACHMENT 4
1802
Staff is requesting the City Council discuss the MSR survey response and direct staff to conduct a citywide poll to reaffirm our residents' desire to maintain a greenbelt buffer between the City of Dublin and the City of Livermore.
DISCUSSION
Background
The Dublin Boulevard Extension project was initiated in 1984. The project includes an approximately 1.6- mile extension of Dublin Boulevard at Fallon Road in the City of Dublin to North Canyons Parkway in the City of Livermore. The Dublin Boulevard Extension is currently in the final design phase with construction estimated to occur in 2026, provided that the project is fully funded. The project is estimated to cost approximately $160,000,000. Current funding sources include Alameda County Transportation Commission Measure BB, Tri-Valley Transportation Council, and Local Traffic Impact Fee funds for a total of approximately $111,000,000 in local funding. The remaining balance will require funding from federal, state, and other grant sources.
In November 2000, Alameda County voters passed Measure D. The purpose of Measure D is to preserve agricultural lands and protect open space, watersheds, and wildlife habitat. Measure D set a County urban growth boundary that restricts County subdivisions on the farms and ranches of eastern Alameda County, including North Livermore and the South Livermore Valley. Generally, Measure D applies only to unincorporated lands under the land use jurisdiction of Alameda County. The Alameda County General Plan and Livermore General Plan land use designation for the properties is Resource Management.
In December 2002, the Livermore City Council adopted the North Livermore Urban Growth Boundary Initiative, which limits urbanization and preserves open space, habitat, and agriculture. The City of Livermore's 2003 General Plan includes the Initiative. In addition, the City of Livermore's 2003 General Plan includes policies for establishing a greenbelt buffer surrounding the City, preserving agriculture, and protecting open space. Doolan Canyon serves as a significant open space buffer between the City of Livermore and the City of Dublin. Consistent with the General Plan, the City has made significant investments in Doolan Canyon for habitat and open space preservation, including preservation and management of nearly 1,000 acres in Doolan Canyon.
In June 2014, the Dublin City Council adopted the Open Space Initiative, creating an Urban Growth Boundary for the City of Dublin. The initiative is incorporated into the City of Dublin’s General Plan and states that within ten years of the Open Space Initiative adoption, the Dublin City Council shall study commercial development along the Dublin Boulevard Extension up to 1,200 feet north of I-580. The Dublin City Council will evaluate if the commercial development is needed to fund the construction or maintenance of the Dublin Boulevard Extension, and if water supply and wastewater service is assured for any development. In addition, the Dublin City Council may put a measure on the ballot to authorize development in the designated area. City of Dublin staff have informed City of Livermore staff that they have completed the commercial study; however, the results of the study have not been made public at the time of writing this report.
In May 2023, the City of Dublin released a community survey that included questions related to the Dublin Boulevard Extension project. The survey results were presented at an August 2023 City Council Special Meeting. Specifically, the survey asked if Dublin residents support or oppose expanding Dublin ATTACHMENT 4
1803
Boulevard to connect to Livermore. Approximately 71 percent of respondents supported or somewhat supported the extension, 24 percent of respondents somewhat opposed or strongly opposed the expansion, and 5 percent of respondents did not know if they supported or opposed the extension.
Respondents were then provided additional background information about annexing approximately 180 acres in Alameda County known as the "Crosby Properties" into the City of Dublin. This included a proposal to permit industrial and commercial development in order to fund the City of Dublin's remaining cost for the Dublin Boulevard Extension. Respondents were then asked if they supported or opposed this approach to extending Dublin Boulevard to connect to Livermore. This additional background information reduced overall respondent support to 59 percent of respondents supporting or somewhat supporting the extension. Approximately 33 percent of respondents somewhat opposed or strongly opposed the extension, and 7 percent of respondents did not know if they supported or opposed the extension.
City of Livermore staff have requested from City of Dublin staff to enter into an agreement to protect our different interests with regards to the Crosby Properties. However, City of Dublin staff have indicated that do not have City Council authorization for such an agreement.
Municipal Services Review Survey
The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 requires Local Agency Formation Commissions (LAFCOs) to conduct special studies known as Municipal Service Reviews (MSRs) every 5 years. The MSRs examine future growth and how local agencies are planning for that growth with regards to municipal services and infrastructure systems. In August 2023, LAFCO's consultant, RSG, Inc. sent surveys to 27 Alameda County agencies, including the City of Livermore, to begin the initial phases of the MSR.
On September 18, 2023, staff responded to the MSR survey. As part of the MSR survey process, each agency has the opportunity to request a Sphere of Influence (SOI) amendment. The request must be submitted with a map and justification statement. Livermore's submittal included a request to amend the City’s SOI boundaries and noted the City’s intent to annex the "Crosby Properties" in Doolan Canyon between the City of Dublin and the City of Livermore. Refer to Attachment 1 for the Doolan Canyon SOI amendment request.
The SOI request is consistent with the City's General Plan policies related to preserving and enhancing the City's scenic corridor. For example, Policy CC-1.1 P1 prohibits structural development in hillside areas involving skylines, ridgelines, or silhouettes. In addition, Policy CC-1.1 P2 prohibits intensive development of the hills and requires development to be located, sited and designed to fit and be subordinate to the natural landforms. This SOI request is also consistent with the City's General Plan goals and policies to maintain a greenbelt between the City of Dublin and City of Livermore and preserve open space and agricultural uses. Specifically, Policy CC-1.1 P6 states that the City shall maintain an area of non-urbanized land surrounding Livermore to serve as a buffer between communities. Uses that are considered compatible with this area include agriculture, grazing, open space, recreation, and reclaimed sand and gravel extraction. In addition, the SOI request is consistent with Alameda County's Measure D to preserve agricultural lands and limit the amount of development on these parcels.
Citywide Poll
Staff is requesting City Council direct staff to engage a consultant to conduct a citywide poll related to this SOI request. The purpose of the poll will be to determine if Livermore residents still support ATTACHMENT 4
1804
maintaining a greenbelt buffer between the City of Dublin and the City of Livermore, consistent with existing General Plan policies. The poll would include email, text message, and telephone response collection. Staff anticipates returning to City Council to summarize the poll results in November 2023 and discuss annexing the Crosby Properties into the City of Livermore.
FISCAL AND ADMINISTRATIVE IMPACTS
Staff will engage a consultant to facilitate the preparation of survey questions and release the poll to the City’s residents via email, text message, and telephone polling methods. This effort will require staff resources and departmental coordination. The contract for polling services can be approved under the City Manager's signing authority and will be funded from existing funds in the contract services budget.
COMMUNITY PILAR
5. A City that Works
GOAL
14. Develop, operate, and maintain the City's infrastructure
ATTACHMENTS
1. Doolan Canyon SOI Amendment
Prepared by: Ashley Vera
Senior Planner
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
ATTACHMENT 4
1805
CITY COUNCIL STAFF REPORT ITEM NO. 7.1
DATE: November 13, 2023
TO: Honorable Mayor and City Council
FROM: Paul Spence, Community Development Director
SUBJECT: Update on the citywide poll results and preliminary priorities for negotiations with Dublin regarding open space and scenic corridor preservation in Doolan Canyon.
RECOMMENDED ACTION
Staff recommends the City Council receive an update on the citywide poll results and preliminary priorities for negotiations with Dublin regarding open space and scenic corridor preservation in Doolan Canyon.
SUMMARY
At the October 9, 2023, City Council meeting, staff provided an update on staff’s responses to Alameda County Local Agency Formation Commission's Municipal Service Review (MSR) Survey. As part of the MSR process, each agency can request a Sphere of Influence (SOI) amendment. The City of Dublin informed Livermore staff that they submitted a request to amend the SOI in the Doolan Canyon area, so that the properties fronting the freeway, the "Crosby Properties," would be within Dublin’s SOI. Dublin further expressed that it is their intent to develop the Crosby Properties in the future. In response to Dublin’s SOI amendment request, staff requested an SOI amendment to include this same area within the City of Livermore’s SOI to preserve this area as open space.
In addition, staff requested the City Council direct staff to engage a consultant to conduct a citywide poll related to this SOI request. The City Council directed staff to proceed with the poll and update the City Council on the poll results at a future meeting. The City Council also directed staff to continue negotiations with the City of Dublin to come to a resolution regarding the land use on the Crosby Properties. At the time of writing this report, staff is coordinating a meeting with City of Dublin staff to continue discussions regarding the Crosby Properties.
The citywide poll was conducted from October 30 through early November 2023. The poll included 18 questions, including questions related to the open space area between the City of Dublin and the City of Livermore and the Dublin Boulevard Extension project. The poll included email, text message, and telephone response collection. A summary of the community response to the poll, along with preliminary ATTACHMENT 5
1806
priorities for negotiations with Dublin, will be provided as a supplemental packet item in advance of the City Council meeting.
DISCUSSION
The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 requires Local Agency Formation Commissions (LAFCOs) to conduct special studies known as Municipal Service Reviews (MSRs) every 5 years. The MSRs examine future growth and how local agencies are planning for that growth with regards to municipal services and infrastructure systems. In August 2023, LAFCO's consultant, RSG, Inc. sent surveys to 27 Alameda County agencies, including the City of Livermore, to begin the initial phases of the MSR.
On September 18, 2023, staff responded to the MSR survey. As part of the MSR process, each agency can request a Sphere of Influence (SOI) amendment. City of Dublin staff informed Livermore staff that they submitted a request to amend the SOI in Doolan Canyon to be within the City of Dublin’s SOI, with the intent to develop the Crosby Properties in the future. In response to Dublin’s SOI amendment request, staff requested a SOI amendment to include this same area within the City of Livermore’s SOI to preserve this area as open space.
At the October 9, 2023, City Council meeting, staff provided an update on the LAFCO MSR Survey responses and SOI amendment request. In addition, staff requested the City Council direct staff to engage a consultant to conduct a citywide poll. The City Council directed staff to proceed with the poll and update the City Council on the poll results at a future meeting. The City Council also directed staff to continue negotiations with City of Dublin staff to come to a resolution regarding future use of the Crosby Properties. At the time of writing this report, staff is coordinating a meeting with City of Dublin staff to continue discussions regarding the Crosby Properties.
The citywide poll was conducted from October 30 through early November 2023. The poll included 18 questions, with a focus on opinions regarding the existing open space area between the Cities of Livermore and Dublin (the Crosby Properties) and a proposed roadway project to connect North Canyons Parkway to Dublin Boulevard through this area. The poll included email, text message, and telephone response collection. A summary of the community response to the poll, along with preliminary priorities for negotiations with Dublin, will be provided as a supplemental packet item in advance of the City Council meeting.
FISCAL AND ADMINISTRATIVE IMPACTS
This informational update to the City Council will not impact City revenues and expenses.
COMMUNITY PILLAR
4: Inclusive and Inviting Space and Places
GOAL
7: Work with local and county partners on physical infrastructure improvements
ATTACHMENTS
ATTACHMENT 5
1807
Prepared by: Ashley Vera
Senior Planner
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
ATTACHMENT 5
1808
INTEROFFICE MEMORANDUM
Date: November 13, 2023
To: Honorable Mayor and City Council
From: Marianna Marysheva, City Manager
Via: Paul Spence, Community Development Director
Subject: Agenda item 7.1
Citywide Poll
The citywide poll was conducted from October 30 through November 5, 2023. The poll was a statistically valid poll and included 18 questions, including questions related to the open space area between the City of Dublin and the City of Livermore and the Dublin Boulevard Extension project. The poll included email, text message, and telephone response collection.
The poll results showed a high level of support for maintaining open space between the two cities with a majority of residents strongly supporting maintaining this area as open space.
In addition, the majority of respondents strongly support or somewhat support the Dublin Boulevard Extension project and were more likely to support the roadway connection if the surrounding land remained as open space. However, respondents were much less likely to support the Dublin Boulevard Extension project if commercial and industrial development were constructed. The poll results showed that there is limited support for commercial and industrial development with landscape screening applied to the site.
Negotiations with City of Dublin
The City of Dublin’s General Plan calls for potential development of this open space area between the two cities. Livermore’s goal is to develop an agreement regarding the open space between the two cities no later than summer 2024. The two cities will engage Alameda County in the negotiations. Livermore staff will provide updates to the City Council and seek direction as needed. Livermore’s staff will utilize the following priorities to guide negotiations:
• Continued collaboration on the Dublin Boulevard Extension project • Preserving an adequate open space buffer between the two cities • Livermore reviewing and providing input on any open space development contemplated by Dublin • Providing opportunities for public access to Doolan Canyon open space Item 7.1
Supplemental MemoATTACHMENT 5
1809
�·
DUBLIN
CALIFORNIA
THE NEW
AMERICAN
BACKYARD
December 26, 2023
Rachel Jones, Executive Officer
Alameda Local Agency Formation Commission
224 West Winton Avenue, Suite 110
Hayward, CA 94544
l TY OF
LIVE
Re: Crosby Property - Cities of Dublin and Livermore Collaboration Dear Rachel:
The Cities of Dublin and Livermore are writing jointly to inform you that the two cities are working collaboratively to reach a compromise in planning for the area known as the Crosby property including the development of a roadway extension to connect the two communities.
In September 2023, the Cities of Dublin and Livermore independently submitted a response to Municipal Service Review (MSR) surveys. Each jurisdiction requested a Sphere of Influence change for the same territory, known as the Crosby property. The cities are committed to facilitating the extension of Dublin Boulevard and North Canyons Parkway to link the two communities and provide an opportunity to meet shared mobility goals. As such, we are negotiating the most effective ways to achieve our shared goals of:
1. building the road
2. maintaining open space and an appropriate view corridor
3. ensuring orderly and visually attractive development in the most practical areas We are committed to achieving a compromise by Summer of 2024 which includes identifying which areas to annex into Dublin or Livermore's jurisdictional boundaries and/or remain in unincorporated Alameda County.
Please continue to inform the Cities of Dublin and Livermore of the status of the MSR, the evaluation process, and any other related notices, documents, or meetings. If you have any questions or need additional information regarding the ongoing negotiations described above, please contact either:
ATTACHMENT 6
1810
Rachel
r
Jones
Decembe 26, 2023 Page 2 of 2
Hazel L. Wetherford
Deputy C
it
y Manage
r
City of Dublin
{925) 452-2158 hazel.wetherfo
[email protected]
Pau l Spence,
Assistant City Manager
City of Livermore
{925} 960-4474. prspence@liver
moreca.gov
Sincerely, urf!f� i!k4:21 202J16:11PsT M? J
Linda Smith
City Manager
City of Dublin ,{2P� Marianna Marysheva
City Manager
City of Livermore
cc: Jason Alcala, City Attorney
Ashley Vera, Senior Planner
ATTACHMENT 6
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