Agenda packet — Livermore City Council, May 9, 2022 (part 1 of 2)

CITY COUNCIL
AGENDA

MONDAY, MAY
9, 2022
REGULAR HYBRID MEETING –
7:00 PM

MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
IN PERSON INFORMATION:

CIVIC CENTER MEETING HALL

CITY COUNCIL CHAMBERS
1016 S. LIVERMORE AVENUE
TELECONFERENCE INFORMATION:

CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
ZOOM WEBINAR:
https://us02web.zoom.us/j/85773212974
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 857 7321 2974
Bob Woerner, Mayor
Regina Bonanno, Vice Mayor
Robert W Carling, Council Member
Brittni Kiick, Council Member
Trish Munro, Council Member
Livermore City Council Agenda
May
9, 2022

1 1.

CLOSED SESSION - None.

Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
No
te: This Closed Session my be continued to the end of the Regular Meeting.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation presented to Assistant Public Works Director Jeff Shafer declaring May 15-21, 2022 as Public Works Week.

Recommendation:

Staff recommends City Council proclaim May 15-21, 2022 as Public Works Week.

Staff Report

Attachments:

1. Proclamation

3.2 Proclamation declaring May as Jewish American Heritage Month presented to Rabbi Milder of Congregation Beth Emek.

Recommendation:

Staff recommends the City Council declare May as Jewish American Heritage Month.

Staff Report

Attachments:

1. Proclamation

4. CITIZENS FORUM

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

To provide public comment virtually, please log into Zoom and use the 'raise hand' feature.

Comments are limited to a maximum of 3 minutes per person, per item. The Mayor may

ROLL CALL

Council Member Robert W. Carling
Council Member Brittni Kiick
Council Member Trish Munro
Vice Mayor Regina Bonanno
Mayor Bob Woerner

PLEDGE OF ALLEGIANCE

Livermore City Council Agenda
May
9, 2022

2 reduce the amount of time based on the number of persons wishing to speak.

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

5. CONSENT CALENDAR

Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must submit a speaker card if in person or use the 'raise hand' feature if participating using Zoom.

5.1 Approval of draft minutes - April 11, 2022 Regular Meeting and the April 22, 2022 Special Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

1. 2022-04-11 Draft Meeting Minutes

2. 2022-04-22 Draft Meeting Minutes

5.2 Adoption of an ordinance amending Livermore Municipal Code (LMC) Chapter 8.14 Public Nuisances to add Safe Storage of Firearm provisions to effectively regulate the safe storage of a firearm in a residence.

Recommendation:

Staff recommends the City Council
adopt an ordinance
amending Livermore Municipal Code
(LMC) Chapter 8.14 Public Nuisances and adding “Unsafe Storage of Firearms" provisions to Chapter 8.14 to effectively regulate the safe storage of a firearm in a residence.

Staff Report

Attachments:

1. Ordinance

5.3 Resolution authorizing execution of the first amendment to the agreement with Terracare Associates for citywide landscape maintenance services to increase the total compensation by $885,000
to an amount not-to-exceed $3,900,000.

Recommendation:

Staff recommends City Council adopt a resolution authorizing the City Manager to execute an amendment to the City’s current agreement with Terracare Associates to increase the total compensation to an amount not-to-exceed $3,900,000.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Amendment to the Agreement with Terracare Associates

5.4 Resolution authorizing execution of a second amendment to the agreement with West Coast Arborists, Inc., for tree and shrub pruning and maintenance services, extending the term of the

Livermore City Council Agenda
May
9, 2022

3 agreement for an additional two-year period and increasing the total compensation amount by $323,000 for a total amount not-to-exceed $788,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the execution of a second amendment to the agreement with West Coast Arborists, Inc. to extend the term of the agreement for an additional two-year period and increase the total compensation amount by $323,000 for a total amount not-to-exceed $788,000.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - West Coast Arborists, Inc. Agreement Amendment

5.5 Resolution to approve the commitment of up to $2,234,749 of the City of Livermore’s Base City Allocation of Alameda County Measure A1 Countywide Housing Bond to finance the development of the Pacific Avenue Senior Housing project.

Recommendation:

Staff recommends the City Council adopt a resolution:

1 .

Approving the commitment of up to $2,234,749 of Alameda County Measure A1 Housing Bond Livermore Base City Allocation funds to Satellite Affordable Housing Associates for the Pacific Avenue Senior Apartments project; and 2 .

Authorizing the City Manager, or his designee, to take such actions and execute all documents necessary to facilitate the Alameda County Measure A1 Housing Bond Base City Allocation commitment of funds for the Pacific Avenue Senior Apartments project.

Staff Report

Attachments:

1. Resolution

5.6 Resolution finding that the Altamont Landfill Open Space Committee's recommendation to expend up to $160,103 for a Phase II Study to identify wildlife connectivity along I- 580/Altamont corridor is consistent with the Altamont Landfill Settlement Agreement, authorizing execution of an agreement with Altamont County Resource Conservation District (ACRCD) to conduct the Phase II study in an amount not-to-exceed $160,103 and accepting the Committee's approved list of priority areas.

Recommendation:

Staff recommends the City Council adopt a resolution to:

1 .

Find the Altamont Landfill Open Space Committee’s recommendation to expend up to $160,103 of Altamont Open Space Funds to the Alameda County Resource Conservation District (ACRCD) and University of California, Davis to conduct a Phase II study to identify and evaluate wildlife connectivity along the I-580/Altamont corridor is
consistent with the Altamont Landfill Settlement Agreement .
2 .

Authorize the City Manager, or designee, to execute an agreement with ACRCD to

Livermore City Council Agenda
May
9, 2022

4 conduct the Phase II study in an amount not-to-exceed $160,103. 3 .

Accept the Committee’s recommendation to confirm the Eastern Alameda County Open Space Priority List, and that the List will be further refined by the Committee using the new U.C. Berkeley mapping tool and the Phase I and II I-580/Altamont wildlife connectivity study results to guide funding of future open space acquisition applications.

Staff Report

Attachments:

1. Approved Open Space Committee Acquisitions

2. Alameda County Resource Conservation District Support Letter

3. Applicable General Plan Policies

4. Resolution

5. Exhibit A - Agreement with ACRCD for Phase II study

6. Exhibit B - List of Proposed Priority Areas

5.7 Resolution authorizing the execution of Project and Program Grant Agreements consistent with the city's Public Art Policy.

Recommendation:

The Commission for the Arts and staff recommend the City Council adopt a resolution approving the applications and authorizing the execution of the following Project and Program Grant Agreements:

1 .

Cheza Nami Foundation, Inc.- $10,000 for the 10th annual Taste of Africa Festival
2 .

Las Positas College Foundation- $4,000 for the
2022 Las Positas College Literary
Festival ("LPC Lit Fest")
3 .

Livermore Art Association- $4,000 for the
2022 Livermore Art Association Spring Art
Show
4 .

Livermore Valley Joint Unified School District- $6,650 for an original cast album
recording of the theater production titled "[INSERT future HERE]" 5 .

Livermore Valley Opera- $8,000 for the
Education and Community Outreach Programs
6 .

Livermore Valley Performing Arts Center- $1,250 for performances at Artwalk 2022

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Cheza Nami Foundation Inc.

3. Exhibit B - Las Positas College Foundation Agreement

4. Exhibit C - Livermore Art Association Agreement

5. Exhibit D - Livermore Valley Joint Unified School District Agreement

6. Exhibit E - Livermore Valley Opera Agreement

7. Exhibit F - Livermore Valley Performing Arts Center Agreement

5.8 Approval of "Dream Big" Mural at 150-170 North L Street.

Recommendation:

The Commission for the Arts and staff recommend the City Council approve the "Dream Big" Mural.

Livermore City Council Agenda
May
9, 2022

5 Staff Report

Attachments:

1. Dream Big Mural Concept

5.9 Resolution approving a Tourism and Special Event Grant application and authorizing execution of an agreement with Shakespeare's Associates, Inc. dba Shakespeare & Performing Arts Regional Company (SPARC) in the amount of $2,000.

Recommendation:

Staff recommends the City Council authorize the execution of an agreement with Shakespeare's Associates, Inc. dba Shakespeare & Performing Arts Regional Company (SPARC) for their event Shakespeare in the Vineyards, in the amount not-to-exceed $2,000.

Staff Report

Attachments:

1. Resolution No. 2021-156

2. Resolution

3. Exhibit A - Grant Agreement

6. PUBLIC HEARINGS

6.1 Hearing to consider a request for Site Plan Design Review and Vesting Tentative Tract Map to develop the northwest corner of North Canyons Parkway and Triad Place. The development consists of three-story condominium buildings with 112 total units, including 22 units affordable to median and moderate-income levels, and 12 accessible units. The applicant has submitted for a density bonus under Government Code section 65915.

Recommendation:

The Planning Commission and staff recommend the City Council:

1 .

Adopt a resolution finding that the project is exempt from CEQA under CEQA Guidelines Sections 15182 (c) and 15183; and
2 .

Adopt a resolution approving Site Plan Design Review (SPDR) 21-003 and Vesting Tentative Tract Map (VTTM) 8609 – Subdivision (SUB) 21-005, together with the requested Density Bonus incentive/concession, subject to the attached Conditions of Approval.

Staff Report

Attachments:

1. Planning Commission Report

2. Draft Planning Commission Meeting Minutes

3. Development Plans

4. Conditions of Approval

5. Preliminary Application

6. Density Bonus Incentive Request

7. Specific Plan Link

8. Specific Plan EIR Link

Livermore City Council Agenda
May
9, 2022

6 9. INSP Land Plan

10. Public Comment

11. Resolution - CEQA

12. Exhibit A - Planning Commission Resolution 03-22

13. Resolution - Project

14. Exhibit A - Planning Commission Resolution 04-22

15. Exhibit B - Conditions of Approval

6.2 Hearing to authorize negotiation of a Development Agreement with Isabel Portola Owner, LLC for a mixed-use project with residential, office, and neighborhood-serving commercial uses within the Isabel Neighborhood Specific Plan.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing staff to enter into negotiations on a Development Agreement (DA 22-001) with Isabel Portola Owner, LLC to secure development consistent with the Isabel Neighborhood Specific Plan, with final approval of the Development Agreement subject to City Council review.

Staff Report

Attachments:

1. Location Map

2. Resolution

6.3 Hearing to determine if the rates charged by Livermore Sanitation, Inc. for solid waste and recycling collection services, effective July 1, 2022, comply with the approved rate methodology and approval of an associated agreement for Rate Year 13.

Recommendation:

Staff recommends the City Council:

1 .

Hold a public hearing
2 .

Adopt a resolution approving rates listed in Exhibit H of the Second Amended and Restated Agreement for Solid Waste, Recyclable Materials, and Compostable Materials Services effective July 1, 2022; and
3 .

Approve an amendment describing the revenues allocated to the rate reserve fund for Rate Year 13.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Revised Exhibit H to the Franchise Agreement

3. Exhibit B - Amendment to Franchise Agreement

7. MATTERS FOR CONSIDERATION

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS

Livermore City Council Agenda
May
9, 2022

7 9.

ADJOURNMENT

To a Special City Council Workshop on Monday, May 16, 2022 at 5:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.

10. SUPPLEMENTAL MATERIALS

10.1 Supplemental materials received prior to the meeting.

Staff Report

Attachments:

1. Supplemental Materials

10.2 Supplemental materials received at the meeting.

Staff Report

Attachments:

1. Items Received at the Meeting

11. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING

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

Citizens 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. To submit a comment using Zoom, you may use the 'raise hand' feature when the item begins. 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. To submit a comment using Zoom, you may use the 'raise hand' feature as soon as the item begins.

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

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

Platforms to Participate in Meetings:

Submission of Comments Prior to the Meeting:

Email Comments
may be submitted by the public to the City Clerk’s Office

Livermore City Council Agenda
May
9, 2022

8 (
[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 in person, 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. To submit a comment using Zoom, you may use the 'raise hand' feature. 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
YouTube:
http://youtube.com/c/CityofLivermoreCalifornia

Zoom Webinar:
https://us02web.zoom.us/j/85773212974

Zoom dial in phone number: 1 669 900 6833
Meeting ID: 857 7321 2974

If you would like to deliver written materials to the City Council as part of your public comments, and are commenting in person, please provide 10 copies to the City Clerk with your speaker card. If you are commenting using Zoom, the speaker must identify that intent in his or her comment and immediately email the materials to the City Clerk at [email protected]
.

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://cityoflivermore.net/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://cityoflivermore.net/agenda
.

Livermore City Council Agenda
May
9, 2022

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

LIVERMORE DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION,

NATIONAL ORIGIN, ANCESTRY, SEX, DISABILITY, AGE OR SEXUAL ORIENTATION IN THE PROVISION OF ANY SERVICES, PROGRAMS, OR ACTIVITIES. TO ARRANGE AN

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

Livermore City Council Agenda
May
9, 2022

10 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1

DATE:

May
9, 2022
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Proclamation presented to Assistant Public Works Director Jeff Shafer declaring May 15- 21, 2022 as Public Works Week.

RECOMMENDED ACTION

Staff recommends City Council proclaim May 15-21, 2022 as Public Works Week.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation

Prepared by: Kathy Hughes
Administrative Assistant

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
11 12

CITY COUNCIL STAFF REPORT
ITEM NO. 3.2

DATE:

May
9, 2022
TO:

Honorable Mayor and City Council
FROM:

Marc Roberts, City Manager
SUBJECT:

Proclamation declaring May as Jewish American Heritage Month presented to Rabbi Milder of Congregation Beth Emek.

RECOMMENDED ACTION

Staff recommends the City Council declare May as Jewish American Heritage Month.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation

Prepared by: Stephanie Egidio
Management Analyst

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
13 14

CITY COUNCIL STAFF REPORT
ITEM NO. 5.1

DATE:

May
9, 2022
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Approval of draft minutes - April 11, 2022 Regular Meeting and the April 22, 2022 Special Meeting.

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. 2022-04-11 Draft Meeting Minutes

2. 2022-04-22 Draft Meeting Minutes

Prepared by: Marie Weber
City Clerk

DRAFT MINUTES

CITY COUNCIL
APRIL 11, 2022
________________________________________________________________ CIVIC CENTER MEETING HALL GRAND OPENING RECEPTION - 6:30 pm

REGULAR MEETING

1. CALL TO ORDER – The meeting of the City Council was called to order by Mayor Bob Woerner at 7:03 pm, held in-person at 1016 S Livermore Ave and remotely using Zoom and YouTube.

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

PLEDGE OF ALLEGIANCE
Boy Scouts Troop 939 presented the colors and led the pledge of allegiance. The troop also presented a flag with historical use in honor of the inaugural April 11, 2022, City Council Meeting.

Mayor Woerner added a Land Dedication to this portion of the agenda.

LAND DEDICATION
Mayor Woerner acknowledged Ohlone land as the location of the new Civic Center Meeting Hall at 1016 S Livermore Ave and requested a moment of silence.

2. PROCLAMATIONS AND PRESENTATIONS

2.1 Proclamation declaring April 24-30, 2022 as National Crime Victims' Rights Week presented to Jenifer Mello, South County Victim Advocate Supervisor from the Alameda County Victim/Witness Division.

Recommendation: Staff recommended City Council proclaim April 24-30, 2022 as National Crime Victims' Rights Week.

THE MAYOR PRESENTED THE PROCLAMATION TO THE ALAMEDA
COUNTY VICTIM/WITNESS DIVISION.

2.2 Proclamation declaring April 29, 2022 as Arbor Day in the City of Livermore presented to Jeff Shafer, Assistant Public Works Director 16 CM/74/436 Minutes APRIL 11, 2022
Recommendation: Staff recommended City Council proclaim April 29, 2022 as Arbor Day in the City of Livermore.

THE MAYOR PRESENTED THE PROCLAMATION TO ASSISTANT PUBLIC

WORKS DIRECTOR JEFF SHAFER

2.3 Poet Laureate annual update and poem presented by Cynthia Patton, City of Livermore Poet Laureate
Recommendation: Staff recommended City Council accept the update.

Poet Laureate Cynthia Patton recited an original poem in honor of the inaugural April 11, 2022 City Council meeting in the new Civic Center Meeting Hall.

THE CITY COUNCIL RECEIVE THE UPDATE.

3. CITIZENS FORUM
Mayor Woerner opened the public comment period.

Sherri Souza provided comment.

Jim Johnson provided comment.

John Marchand provided comment.

Carrie Oldes provided comment.

David McGaigan provided comment.

Jackie Cota provided comment.

Doug Mann provided comment.

Michael Ferrucci provided comment.

Michelle provided comment.

Marnie Steele provided comment.

James Linhart provided comment.

Thomas Keller provided comment.

Tony Camp provided comment.

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

4. CONSENT CALENDAR
17 ATTACHMENT 1
APRIL 11, 2022 Minutes CM/74/437
Mayor Woerner opened the public comment period.

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

ON THE MOTION OF CM MUNRO, SECONDED BY CM KIICK, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR.

4.1 Approval of draft minutes - March 21, 2022 Special Meeting, March 26, 2022 Special Meeting, and March 28, 2022 Regular Meeting.

Recommendation: Staff recommended the City Council approve the draft minutes.

4.2 Adopt Ordinance 2133 amending Title 2, Chapter 2.14, Elections, of the Livermore Municipal Code regarding City Council Districts and amending the boundaries and descriptions of the districts as indicated in Exhibit A Recommendation: Staff recommended City Council adopt an Ordinance amending Title 2, Chapter 2.14, Elections, of the Livermore Municipal Code updating the City Council District Map and amending the boundaries and descriptions of each District.

4.3 Resolutions authorizing the acceptance of grant funds from Alameda County Transportation Commission for the Robertson Park/Concannon and Epson/Concannon Crossing Improvements and approving an appropriation of $217,000 for the Concannon Blvd. at Robertson Park Rd. Crossing Enhancements Active Transportation Plan (ATP), Project Number 2021-35.

Recommendation: Staff recommended the City Council adopt resolutions:

1. Resolution 2022-038 Authorizing the City Manager or designee to sign all grant documents and accept funds from Alameda County Transportation Commission for the Robertson Park/Concannon and Epson/Concannon Crossing Improvements; and

2. Resolution 2022-039 Approving an appropriation of $217,000 for the Concannon Blvd. at Robertson Park Rd. Crossing Enhancements ATP, Project Number 2021-35, in FY 2022-23.

4.4 Resolutions authorizing acceptance of grant funds from Alameda County Transportation Commission for the Lawrence Elementary School Safe Routes to School Improvements at Portola Avenue and Enos Way and approving a supplemental appropriation of $123,000 in grant funds for the Crosswalk Safety Improvements 2022, Project Number 2022-06.

Recommendation: Staff recommended the City Council adopt resolutions:

1. Resolution 2022-040 Authorizing the City Manager or designee to sign all grant documents and accept funds from Alameda County Transportation Commission for the Lawrence Elementary School Safe Routes to School 18 CM/74/438 Minutes APRIL 11, 2022
Improvements at Portola Avenue and Enos Way; and

2. Resolution 2022-041 Approving a supplemental appropriation of funds in FY 2022-23 for the Crosswalk Safety Improvements 2022, Project Number 2022-

06. 4.5 Resolution 2022-042 ratifying an agreement with the California State Library to accept a $27,274 grant to be used to support the Livermore Public Library's English as a Second Language (ESL) programs and services, and approving appropriation of these funds during FY 2021-22 Recommendation: Staff recommended the City Council adopt a resolution:

1. Ratifying the City's acceptance of $27,274 in grant funds from the California State Library to be used by the Livermore Public Library for English as a Second Language (ESL) services, supplies, supports, and programs.

2. Approving the appropriation authorizing the expenditure of the accepted funds in FY 2021-22.

4.6 Resolution 2022-043 authorizing the execution of an agreement with artist Cecilia Lueza, for the acquisition and oversight of the installation of the outdoor art sculpture entitled "Influx" at the entry point to Livermore's Springtown District, in an amount not-to-exceed $40,000.

Recommendation: staff recommended the City Council adopt a resolution authorizing the City Manager or his designee to execute the Artwork Acquisition Agreement with the artist Cecilia Lueza in the not-to-exceed amount of $40,000, which is budgeted as part of the Citywide Sculptures Project #202122 of FY 2021-23 Capital Improvement Plan, and covered by City Public Art Funds.

4.7 Resolution 2022-044 authorizing execution of an agreement with Mydatt Services, Inc d/b/a Block By Block to provide Community Ambassador and Bio- Hazard Clean-Up services in an amount not-to-exceed $272,400 Recommendation: staff recommended the City Council adopt a resolution authorizing the City Manager, or his designee, to approve and enter into an agreement with Mydatt Services, Inc. d/b/a Block by Block to provide the Community Ambassador Program and Bio-Hazard Clean-Up services in the amount not-to-exceed $272,400.

4.8 Resolution 2022-045 authorizing the execution of a subordination agreement with Fremont Bank for the City’s Deeds of Trust recorded on the properties located at 1031 and 1045 Bluebell Drive, and authorizing the City Manager to negotiate with the Livermore Housing Authority for new and restated loan and Regulatory Agreements on the properties
Recommendation: staff recommended the City Council adopt a resolution authorizing:

1. The City Manager to execute a Subordination Agreement with Fremont Bank, in substantially the form attached as Exhibit A to the Resolution, and subject to final form approval by the City Attorney for the City’s Deeds of Trust on 19 ATTACHMENT 1
APRIL 11, 2022 Minutes CM/74/439
1031 and 1045 Bluebell Drive.

2. The City Manager or his designee to negotiate new and/or restated loan and Regulatory Agreements with the Livermore Housing Authority (LHA) for the properties located at 1031 and 1045 Bluebell Drive using the terms described in the letter agreement between the City and LHA, attached as Exhibit B to the Resolution.

4.9 Resolution 2022-046 authorizing a lease agreement with CityServe of the Tri-Valley for office space at the Multi-Service Center, 3311 Pacific Avenue Recommendation: staff recommended the City Council adopt a resolution authorizing execution of a lease agreement with CityServe of the Tri-Valley for office space at the Multi-Service Center, 3311 Pacific Avenue.

4.10 Resolution 2022-047 authorizing the acceptance for permanent maintenance and release of the security bonds for the Miscellaneous Corrective and Incomplete Work at the Civic Center Meeting Hall, Project 2004-3901.

Recommendation: staff recommended the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the Miscellaneous Corrective and Incomplete Work at the Livermore Civic Center Meeting Hall, Project 2004-3901.

4.11 Resolution 2022-048 directing the City Engineer to file the Annual Engineer’s Report for the City’s Landscape Maintenance Districts Recommendation: staff recommended the City Council adopt a resolution directing the City Engineer to file the Annual Engineer’s Report for the City’s Landscape Maintenance Districts.

4.12 Resolution 2022-049 approving the City of Livermore Cybersecurity Policy
Recommendation: staff recommended City Council approve the City of Livermore Cybersecurity Policy.

4.13 Resolution 2022-050 approving the City of Livermore Salary Plan as of May 2022 in accordance with California Code of Regulations, Title 2, Section 570.5.

Recommendation: staff recommended the City Council adopt a resolution approving the City of Livermore Salary Plan as of May 2022, in accordance with California Code of Regulations, Title 2, Section 570.5.

4.14 Resolution 2022-051 terminating the proclamation of local emergency (COVID-19) and the temporary suspension and revision of the City Council Meeting Rules of Procedure in Response to the COVID-19 pandemic Recommendation: staff recommended City Council adopt a resolution 20 CM/74/440 Minutes APRIL 11, 2022
terminating the proclamation of local emergency, the temporary suspension and revision of the City Council Meeting Rules of Procedure, and all unexpired emergency orders, declared in response to the spread of COVID-19.

5. PUBLIC HEARINGS

5.1 Hearing to consider proposed Livermore Municipal Water rates and charges for calendar years 2023 through 2027
Recommendation: staff recommended that the City Council:

1. Conduct a public hearing for proposed water rates; Mayor Woerner opened the public hearing.

2. Determine if a majority protest exists; and

3. If a majority protest does not exist, adopt a resolution amending water rates and charges for calendar years 2023 through 2027.

Management Analyst II Anthony Smith presented the staff report.

Mayor Woerner opened the public hearing.

There were no speakers and the hearing was closed.

City Clerk staff conducted a facial review of received written protests; reporting four (4) were received resulting in no majority protest.

ON THE MOTION OF CM MUNRO, SECONDED BY VM BONANNO AND
CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2022-052 Adopting the April 2022 Water Rate Study, Approving Water Rate Increases as Identified in the Study, and Amending Water Rates and Charges for Calendar Years 2023 Through 2027

5.2 Hearing to introduce an ordinance adding section 2.36.200 to the Livermore Municipal Code in compliance with the requirements of Assembly Bill 481 (an act to add sections 7070 through 7075 to the Government Code, relating to military equipment).

Recommendation: staff recommended City Council:

1. Conduct a Public Hearing to receive input and comments on the proposed equipment policy.

2. Introduce an Ordinance adding Section 2.36.200 entitled, “Military Equipment Policy” to the Livermore Municipal Code in compliance with Assembly Bill 481.

Police Captain Jason Boberg presented the staff report.

Mayor Woerner opened the public hearing.
21 ATTACHMENT 1
APRIL 11, 2022 Minutes CM/74/441
There were no speakers and the hearing was closed.

ON THE MOTION OF CM CARLING, SECONDED BY VM BONANNO AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL INTRODUCED THE
FOLLOWING ORDINANCE:

Ordinance introduced adding Section 2.36.200 Military Equipment Policy to the Livermore Municipal Code in compliance with Assembly Bill 481 The City Council recessed for a 10-minute break.

5.3 Hearing to consider a proposal to amend the Downtown Specific Plan regarding outdoor dining, outdoor dining guidelines, and amend the Livermore Municipal Code, adding Chapter 5.6, Outdoor Dining Permit, to establish an Outdoor Dining Ordinance, including a permitting process.

Recommendation: The Planning Commission and staff recommended the City Council:

1. Adopt resolutions finding that the project is exempt under the California Environmental Quality Act and that the project is consistent with the 2009 Subsequent Environmental Impact Report for the Downtown;

2. Adopt a resolution approving Specific Plan Amendment (SPPA) 22-002 for changes to outdoor dining standards in the Downtown Specific Plan; and

3. Introduce an Ordinance amending Title 5, adding Chapter 5.60 Outdoor Dining Permit, of the Livermore Municipal Code
Assistant Planner Sukhamrit Purewal presented the staff report.

Mayor Woerner opened the public hearing.

Ruby Villareal, Livermore Downtown, Inc. provided comment.

Jackie Cota provided comment.

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

ON THE MOTION OF VM BONANNO, SECONDED BY CM MUNRO AND
CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS AND INTRODUCED THE FOLLOWING ORDINANCES:

Resolution 2022-053 finding that the specific plan amendment and the Municipal Code amendment are exempt from the provisions of the California Environmental Quality Act
Specific Plan Amendment (SPPA) 22-002; Municipal Code Amendment (Muni) 22-001
Resolution 2022-054 finding the environmental impacts of Specific Plan Amendment (SPPA) 22-002 and Municipal Code Amendment (MUNI) 22-001 are within the scope of the 2003 General Plan and Downtown Specific Plan 22 CM/74/442 Minutes APRIL 11, 2022
Environmental Impact Report (State Clearing House No. 2003032038) and the 2009 Final Subsequent Environmental Impact Report (State Clearing House No. 2008092085)
Resolution 2022-055 Approving Specific Plan Amendment (SPPA) 22-002 Introduced Ordinance adding Livermore Municipal Code Title 5 Business Regulations Chapter 5.60 Outdoor Dining Permit

6. MATTERS FOR CONSIDERATION

6.1 Resolution approving the 2022 revised Meeting Rules of Procedure for the City of Livermore Advisory Bodies
Recommendation: Staff recommended the City Council adopt a resolution approving the revised Meeting Rules of Procedure for eleven of the City's advisory bodies to conform them to the City Council Meeting Rules of Procedure, add clarification, streamline administrative processes, extend the term for the Community Asset Management Program Outreach Committee and Climate Action Plan Advisory Committee, and confirm prior direction related to advisory body meetings.

Deputy City Clerk Debbie Elam presented the staff report.

Mayor Woerner opened the public comment period.

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

ON THE MOTION OF CM KIICK, SECONDED BY CM CARLING AND
CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2022-056 Approving the 2022 Revised Meeting Rules of Procedure for the City of Livermore Advisory Bodies

7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
Livermore Amador Valley Transit Authority (LAVTA) , CM Kiick reported attendance at the April 4, 2022, board of directors meeting.

8. ADJOURN TO CLOSED SESSION
The City Council recessed into closed session.
________________________________________________________________

CLOSED SESSION
CALL TO ORDER – The Closed Session of the City Council was called to order 23 ATTACHMENT 1
APRIL 11, 2022 Minutes CM/74/443
by Mayor Bob Woerner at 10:06 pm, held in-person at 1016 S Livermore Ave and remotely using Zoom and YouTube.

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

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

Mayor Woerner opened the public comment period.

John Marchand provided comment for item 9.1.2
Graham Talaber provided comment for item 9.1.2
Doug Mann provided comment for item 9.1.2
Bianca provided comment for item 9.1.2
Connie Huang provided comment for item 9.1.2
There were no more speakers and the public comment period was closed.

The City Council adjourned to Closed Session.

9. CLOSED SESSION

9.1 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. (Two cases)

1. Tolbert v. Livermore, et al., United States District Court for the Northern District of California, Case No. 4:21-cv-05174-YGR

2. Save the Hill Group v. Livermore, et al, California Court of Appeal, First Appellate District, Division Five, Case No. A161573; Alameda County Superior Court Case No. RG19020186
The City Council reconvened into the Regular Meeting.

REPORT OF ACTION TAKEN IN CLOSED SESSION
City Attorney Jason Alcala said there was no reportable action.

10. ADJOURNMENT – at 10:58pm to a Regular City Council meeting on Monday, April 25, 2022 at 7:00 pm, held in the Civic Center Meeting Hall, City Council Chamber, 1016 S Livermore Ave and virtually using Zoom. 24 CM/74/444 Minutes APRIL 11, 2022
APPROVED:

BOB WOERNER, MAYOR
ATTEST:

MARIE WEBER, CITY CLERK
25 ATTACHMENT 2
CM/75/20 Minutes APRIL 22, 2022

DRAFT MINUTES

CITY COUNCIL
APRIL 22, 2022
________________________________________________________________

CLOSED SESSION

1. CALL TO ORDER – The Closed Session of the City Council was called to order by Mayor Bob Woerner at 5:00 pm, held via teleconference using Zoom and YouTube.

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

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

Mayor Woerner opened the public comment period.

There were no speakers and the hearing was closed.

1. 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 Manager.

REPORT OF ACTION TAKEN IN CLOSED SESSION
Mayor Woerner said there was no reportable action.

8. ADJOURNMENT – at 5:26 pm to a regular City Council meeting on April 25, 2022 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S.

Livermore Avenue and virtually using Zoom.

APPROVED:

BOB WOERNER, MAYOR
ATTEST:

MARIE WEBER, CITY CLERK
26 APRIL 22, 2022 Minutes CM/75/21
27 CITY COUNCIL STAFF REPORT
ITEM NO. 5.2

DATE:

May
9, 2022
TO:

Honorable Mayor and City Council
FROM:

Jeramy Young, Police Chief
SUBJECT:

Adoption of an ordinance amending Livermore Municipal Code (LMC) Chapter 8.14 Public Nuisances to add Safe Storage of Firearm provisions to effectively regulate the safe storage of a firearm in a residence.

RECOMMENDED ACTION

Staff recommends the City Council
adopt an ordinance
amending Livermore Municipal Code (LMC)
Chapter 8.14 Public Nuisances and adding “Unsafe Storage of Firearms" provisions to Chapter 8.14 to effectively regulate the safe storage of a firearm in a residence.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Ordinance

Prepared by: Kelly
Johnson
Administrative Assistant

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE AMENDING LIVERMORE MUNICIPAL CODE CHAPTER 8.14

TO ADD SAFE STORAGE OF FIREARM PROVISIONS TO THE PUBLIC

NUISANCES ORDINANCE

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

Section 1. Amendment. The Livermore Municipal Code is amended as shown below. The deletions are shown using a strikethrough, and the added language is shown with an underline, but the stricken language and underlines themselves shall not be codified in the Municipal Code, which publication shall only reflect the final language.

A. In Section 8.14.020, the definition of “Firearm” is added in alphabetical order prior to the definition of “Front Yard” as set forth below:
“Firearm” means a firearm as defined in California Penal Code Section 16520, as amended from time to time.

B. In Section 8.14.020, the definition of “Locked container” is added in alphabetical order prior to the definition of “Owner” as set forth below:
“Locked container” means a locked container as defined in California Penal Code Section 16850, as amended from time to time, and is listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices.

C. In Section 8.14.020, the definition of “Residence” is added in alphabetical order prior to the definition of “Responsible party” as set forth below:
“Residence” means any structure intended or used for human habitation, including but not limited to houses, apartments, condominiums, rooms, in-law units, accessory dwelling units, motels, hotels, single room occupancy units (SROs), timeshares, mobile homes, and recreational and other vehicles where human habitation occurs.

D. In Section 8.14.020, the definition of “Trigger lock” is added in alphabetical order prior to the definition of “Vector” as set forth below:
“Trigger lock” means a trigger lock that is listed on the California Department of Justice’s roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under California Penal Code Section 23635. 29 ORDINANCE NO. ________
E. In Section 8.14.030, subsection K is renumbered as subsection L and the new subsection K is added as set forth below:

K. Unsafe Storage of Firearms. Keeping a firearm within any residence unless the firearm is stored in a locked container or disabled with a trigger lock. This section shall not apply if the firearm is carried on the person of an individual in accordance with all applicable laws or the firearm is under the control of a person who is a peace officer under California Penal Code Section 830.

K. L. Miscellaneous. The creation, maintenance, or mere existence of any of the following conditions:

1. The existence of any property condition which is unlawful or declared to be a public nuisance pursuant to any other provision in this code, including any violation of the Livermore Municipal or Development Code as defined in LMC 1.16.030.

2. A public nuisance as defined to be a nuisance by California Civil Code Section 3479 or 3480.

3. Any condition recognized in law or in equity as constituting a public nuisance, or any condition existing on a property which constitutes visual blight, or is a health or safety hazard to the community or neighboring properties.

F. In Subsection C of Section 8.14.060, the activities that may be abated by emergency procedures shall be amended to include the unsafe storage of firearms as set forth below:

C. Activities that violate emergency proclamations and orders, or that involve vectors, or unsafe storage of firearms, may be abated using the emergency abatement procedures set forth in LMC 8.15.040.

Section 2. Environmental. The passage of this ordinance is not a project according to the definition in the California Environmental Quality Act and, therefore, is not subject to the provisions requiring environmental review.

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

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

Section 5. Effective date. This ordinance shall take effect 30 days after its adoption.
30 ORDINANCE NO. ________
The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on _______________________, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________________

MAYOR, CITY OF LIVERMORE
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Kelly J. Trujillo
Marie Weber Kelly J. Trujillo
City Clerk City Attorney
31 CITY COUNCIL STAFF REPORT
ITEM NO. 5.3

DATE:

May
9, 2022
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Resolution authorizing execution of the first amendment to the agreement with Terracare Associates for citywide landscape maintenance services to increase the total compensation by $885,000
to an amount not-to-exceed $3,900,000.

RECOMMENDED ACTION

SUMMARY
The Public Works Maintenance Division utilizes a combination of contract services, temporary laborers, and city staff to provide landscape maintenance throughout the City. The Maintenance Division now requires additional contract services to offset the loss of the temporary laborers used previously by the Division. The proposed amendment to the agreement for contract landscape services will provide the support needed to help maintain landscape areas in accordance with city standards. This includes maintenance of bike and walking paths, landscape maintenance district areas, and landscape areas along major arterial roadways.

DISCUSSION
Previously, the Maintenance Division of Public Works utilized the services of Express Employment Professionals to provide temporary labor services to complete a number of basic landscaping tasks. Due to evolving independent contractor laws within California, staff determined that temporary labor services are better suited to accomplish special projects rather than on-going maintenance activities. The reduction in labor that was previously provided by the temporary staffing service will be offset with additional contract services.

On February 25, 2021, the City of Livermore issued a Request for Proposals (RFP) to qualified landscape maintenance contractors requesting landscape maintenance services at specific sites throughout the city. Terracare was identified as the best value bidder and was awarded the contract at 32 the May 24, 2021, Council meeting. As Terracare currently provides excellent service to the city and has the experience and workforce necessary to take on maintenance responsibilities for additional landscape areas, staff recommends increasing the current agreement's not-to-exceed amount to complete this additional work.

The additional work will include the weekly landscape services for 23 Landscape Maintenance Districts, as well as providing maintenance service within the Downtown Maintenance District beginning July 1, 2022. The additional expense of contracting these areas is $442,500 annually, for a two-year total of $885,000 over the 2022-23 and 2023-24 fiscal years. The updated not-to-exceed amount including both the cost of maintaining the additional areas and the current agreement amount will be $3,900,000 for the term ending May 31, 2024.

The term of the contract and the option to extend for up to two additional two-year terms will remain in place, as well as the condition that the extensions be subject to mutual agreement and price increases not to exceed the Consumer Price Index (CPI) from the prior year.

FISCAL AND ADMINISTRATIVE IMPACTS

The agreement includes providing services for areas funded by Landscape Maintenance Districts (Fund 614) and the city’s General Fund. Funding has been included in the Fiscal Year 2022-23 budget to provide sufficient funding to complete the landscape maintenance services between the two funds and will also be included in future budget cycles.

ATTACHMENTS

1. Resolution

2. Exhibit A - Amendment to the Agreement with Terracare Associates

Prepared by: Sean Prevette
Management Analyst II

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING AN AMENDMENT TO THE

AGREEMENT WITH TERRACARE ASSOCIATES IN AN AMOUNT NOT
TO EXCEED $3,900,000.

The Maintenance Division of the Public Works Department is responsible for providing landscape maintenance in various areas throughout the City.

To assist in this obligation, the Public Works Department requires additional assistance from contract service providers. The City entered into an agreement with Terracare Associates on May 24, 2021, for landscape maintenance services after being selected through a Request for Proposals process. The City now desires to utilize the contract services of our current contractor, Terracare Associates, for the maintenance of additional landscape areas throughout the City.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, authorizes the City Manager to sign, on behalf of the City of Livermore, an amendment to the agreement with Terracare Associates, attached hereto as Exhibit A, for landscape maintenance services in an amount not-to-exceed $3,900,000. The City Manager will remain authorized to execute two 2-year extensions. If exercised, the percentage increase in cost for all services may not exceed the Consumer Price Index for all Urban Consumers (CPI-U) in the San Francisco-Oakland-Hayward, California area, from the prior calendar year CPI rate in April.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May ______, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Amendment to the Agreement with Terracare Associates 34 FIRST AMENDMENT TO AGREEMENT FOR SERVICES
THIS FIRST AMENDMENT is made and entered into this __ day of ___ _ 2022, by and between the City of Livermore ("City"), a municipal corporation, and Terracare Associates ("Contractor''), a Colorado corporation.

RECITALS
On May 25, 2021, City and Contractor entered into an agreement for Contractor to provide City-wide landscape maintenance services to City ("Original Agreement").

Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

City and Contractor desire to amend the Original Agreement to add additional landscape maintenance areas and increase the total possible amount of compensation.

This is the FIRST amendment to the Original Agreement.

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

1. The Original Agreement is amended as follows:

A. Section 5 (a) of the Original Agreement is amended to read as follows: The total compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum of $3,900,000 ("not-to-exceed amount"). City shall compensate Contractor for the Services rendered at the hourly rates or task amounts set forth in Exhibit "A-1" to the First Amendment up to the not-to exceed amount. Except as provided in the body of this Agreement, the hourly rates or task amounts are intended to be Contractor's only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, travel expenses, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Contractor, its agents, and employees to provide the Services.

8. Exhibit A-1 includes maintenance service for an additional twenty-three Landscape Maintenance Districts not included in the Original Agreement, as well as additional landscape maintenance services within the Downtown Maintenance District.

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

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

Amendment - General Services
Rev. 3/2017

Page 1 ends

2022-016 TMM/JKS

EXHIBIT A
35 In concurrence and witness whereof, and in recognition of the mutual consideration provided, therefore, the parties have executed this Agreement effective on the date first written above.

CONTRACTOR:
(2,_0#.fe_
CITY OF LIVERMORE:

Marc Roberts
City Manager
APPROVED AS TO FORM:

Assistant/City Attorney
APPROVED AS TO INSURANCE:

Risk Manager/Analyst
Dated:

Exhibit A-1 - Landscape Maintenance Area Description and Pricing Schedule Amendment - General Services
Rev. 3/2017

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2022-016 TMM/JKS

EXHIBIT A
36 Exhibit A-1 - Landscape Maintenance Area Description and Pricing Schedule

LANDSCAPE SERVICE FREQUENCY GUIDE
A Service - Weekly
• To be kept weed free
• To be kept free of litter
• Landscape plantings to be kept in neat and clean appearance at all-times • Trash cans to be dumped weekly
• Sidewalks/ Trails to be cleaned and free of encroaching trees and shrubs • Trees are to be maintained to a height of 10 feet over sidewalks and 12 feet over roadways.
• Turf mowed weekly
• Turf to be edged every week
• Sprinkler heads to be trimmed around twice a month
B Service - Twice a month
• Weeds not to exceed more than four (4) inches in landscape • Litter to be removed at each service
• Shrubs trimmed so that there is no more than six (6) inches of growth • Trees to have suckers removed and trees maintained to a height of 10 feet over sidewalks and 12 feet over roadways
• Turf to be mowed twice a month
• Turf to be edged every other service
• Sprinkler heads to be trimmed around every service
• Trash cans to be serviced twice a month
C Service - Monthly
• Weeds not to exceed more than six (6) inches in landscape • Litter to be removed at each service
• Shrubs to be trimmed quarterly
• Trees to have suckers removed and trees maintained to a height of 10 feet over sidewalks and 12 feet over roadways
• Turf to be mowed monthly
• Turf to be edged monthly
• Sprinkler heads to be trimmed around every service
• Trash cans to be serviced monthly
City of Livermore
Landscape Maintenance Services

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EXHIBIT A
37 Exhibit A-1 - Landscape Maintenance Area Description and Pricing Schedule

LMD DESCRIPTIONS
Monticello. On west side of Murrieta Blvd. from Cedar Drive to School District Office. On south side of Jack London from 125' west of Roma to 250' east of Turino. On Firenza St. from west end of Firenza Ct. to L6 Piacenza St.

Tapestry. Concannon Blvd, north and south side, boundaries are Arroyo Rd to approx. 200 ft. east of Normandy Circle. Arroyo Rd, east side, 100' south of Latour Ave to Bess Ave, crosses over Concannon. Foscalina Way, east and west side, from Concannon to Merlot Lane. Two Normandy Circle entrances. Normandy Circle, east side, from Concannon to Tapestry Drive. Normandy Circle, west side, from Concannon to white barricade. Normandy Circle, east and west side, Concannon to Tuscany L8 Ct. Normandy Way, east and west side, from Concannon to Merlot Lane.

Sandhurst. North side of Concannon, boundaries are Isabel to Murdell.

L15 Landscape at end of Tourmaline Ct.

Jack London Place. Boundaries are Curlew Rd to Rancho Elementary L16 school on south side of Jack London.

Prima. Concannon, south side, boundaries are Isabel to approx. 650' east of Prima Dr. Entry median on Prima Drive @ Concannon east side of Prima drive 50' south of Concannon. Median on Prima Drive @ Acorn Way.

L38 Median on Acorn Way @ Cascina Ct.

Stratford Park. Located at Patterson Pass Rd and Vasco Road.

Boundaries are the south side of Patterson Pass 50' east of Shelley St. to Vasco Rd Median and west side of Arlene Way, Vasco Rd. west side from Patterson Pass to Emily Way. Median and Backing lots on Daphne Drive L2 and North side backinq lot on Emily Way.

Dunsmuir. Boundaries are East Ave. to Vasco Rd along Charlotte Way.

L39 See attached map
Legacy Collection. Boundaries are NE corner of Mines Rd and Patterson Pass Rd, from Kyle Common to mow band on North Mines Rd. Approx.

L44 300 ft.

Birchwood. Boundaries are west side of Vasco Rd from 400' south of East Ave wrapping to the North side of East Ave extending to 125 feet west of L47 Birchwood Common.

Creekside Villas on Vasco Rd east side. Boundaries are 30' south of Forget Me Not Common going north to mow band on Vasco. Approx. 375 L53 ft.

City of Livermore Page 2 of 17
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EXHIBIT A
38 Exhibit A-1 - Landscape Maintenance Area Description and Pricing Schedule Scenic Seven Hills. From mow band on east side of Vasco Rd. 170 ft. south of Scenic Ave. wrapping north to the south side of Scenic Ave. and extending east to Big Basin Rd. Includes median on Scenic Ave. and L54 teardrop medians on Baltusrol, Winged Foot, and Riviera.

Scenic Links on Vasco Rd East side. Boundaries are mow band 100' south L61 of Augusta Way going north to 280' north of August Way.

Altamar-Vasco Rd East side from 675 feet south of Garaventa Ranch Rd L67 wrapping on to south side of Garaventa Ranch Rd to Altamar Way.

Sonterra- From mow band on Vasco Rd west side approx. 450 ft south of L69 Scenic Ave extending south 475 ft.

Park Lane-South side of Scenic Ave, from Arrowhead Ave wrapping to west side of Vasco Rd extending south 475' to mow band. Includes turf and L74 landscape park on [email protected].

Orchid Place- Vasco Rd west side from mow band approx. 235 ft north of Forget Me Not extending south to bike trail entrance includes landscape L75 and paved bike trail form Vasco to Lobelia
Dover Pl on Vasco Rd east side. Boundaries are mow band 325 feet south L76 of Augusta way extending north 220 feet.

LLNL- Landscape along east side of Vasco Road from East Ave to L78 Patterson Pass Road.

L79 First Street- medians on First Street from O Street to S Street Magnolia Place- West side of Vasco Rd from 100' South of Forget Me Not L80 extending South 315'
The Vines- South side of east Avenue from 350' West of Vasco Wrapping L81 onto Vasco and continuing 525' South along Vasco Rd.

Alden Estates- South Side of Concannon From Murdell Ave going 740' L82 West
PARKS
Arroyo Rd Park-west side of Arroyo from 150' North of Arroyo Macho Bridge extending south to Cartier Dr. Includes Park located on south side of bridge, walk bridge over Arroyo Macho creek and sidewalk on north side of P1 bridQe.

Centennial Park. Boundaries are South S St, 4th St, and Holmes St. One P3 Large & One small turf area and shrubs at end of South S St.

Dolan Park boundaries are Junction Ave and Ladd Ave. adjacent to P4 Junction Avenue Middle School.

City of Livermore Page 3 of 17
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EXHIBIT A
39 Exhibit A-1 - Landscape Maintenance Area Description and Pricing Schedule East Ave Greens-2 triangles north and south side of East Ave. South triangle boundary is East Ave, McLeod and Sixth. North triangle boundary P5 is East Ave, McLeod and Fifth.

P6 Fifth St. Park-Boundary is South Livermore, Fifth and South H street.

OT Hansen. Boundaries are First St, So. S Street. Triangle intersection at P7 west end of First St. Turf & Landscape at Park and two triangles.

PS Crater Way Park. Greenbelt area from Tahoe Drive to Superior Dr.

P11 Carnegie Park-Boundary is 4th, South J, 3rd and South K Madeira Park boundaries are Madeira Way, School Street, and Silver Oaks P12 Way.

P13 Napa Court Park. Park located on Napa Court.

Portola Park boundaries are N Livermore Ave., Portola Ave., Junction Ave., and L Street. Includes two concrete medians on North Ka t Junction paver median on Junction at N. Livermore and Concrete median on Lst at Portola P14 Ave.

Horse Trails, P Quazal. Located on Findlay Way. Boundaries are 160' P17 East of Madison Ave to Hillcrest.

P19 Park at Community Center on Pacific Ave
P20 Park at 1188 S. Livermore New Library
P21 Park at 1052 S. Livermore City Hall
P22 Park at Civic Center Meeting Hall
P23 Park at Police Building
P24 P Desiree. Bianca Way @Desiree Ave.

P Airport Landscape along Terminal Circle and Landscape surrounding P25 Airport Terminal buildings.

P Sister City West side of Airway Blvd. from Clubhouse Dr. to 100' east of P26 Terminal Cir.

P27 P Water Treatment Plant Jack London At Isabel
P28 P Hagemann Farm 455 Olivina Ave. Landscape surrounding house.

WALKPATHS
W1 Walk path Concannon. Boundaries are Concannon to Milan Ct.

W2 Walk path Crane. Boundaries are Crane to May Nissan Park.

Walk path Creek Rd # 2. Boundaries are Creek Rd to Arroyo Mocho bike W3 path. Approx. 100
W4 Walk path Hagerman. Boundaries are Hageman to Yosemite Dr.

Walk path at Kelly St. #1. Boundaries are Kelly St and backs up to W5 Junction Middle School.

Walk path at Kelly St. #2. Boundaries are Kelly St and backs up to W6 Junction Middle School.

W7 Walk path at Murdell. Boundaries are Murdell to Smith School playground.

W8 Walk path at Olivia. Boundaries are Olivina to Bluebird Ave.

Walk path Tananger # 1. Boundaries are Tananger to Rancho Elementary W9 School, south side
Walk path Tananger # 2. Boundaries are Tananger to Rancho Elementary, W10 north side
City of Livermore Page 4 of 17
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EXHIBIT A
40 Exhibit A-1 - Landscape Maintenance Area Description and Pricing Schedule W11 Walk path Wagoner. Boundaries are Wagoner to Joe Mitchell School.

W13 Walk path at Yosemite Dr. Boundaries are Yosemite Dr to Cascade.

W14 Walk path at Oakmont Cir. Boundaries are ldlewild Ave to Oakmont Cir.

W16 Walk path at ldlewild Ave. Boundaries are ldlewild Ave to Delmont St.

W17 Walk path at Loyola Way. Boundaries are Loyola Way to Beverly.

Walk path at Singing Hills Ave. Boundaries are Between Singing Hills Ave W18 to Running Hills Ave.

Walk path at Charlotte Way. Boundaries are SW side of Arlene Way W19 @Katrina St extending SW 130'.

Walk path at Crestmont Ave. Boundaries are Crestmont Ave and Oakmont W20 Cir.

Walk path Creek Rd # 1. Boundaries are Creek Rd to Arroyo Mocha bike W21 path. Approx. 100 ft
W22 Walk path at Cromwell. Boundaries are N Livermore and Cromwell Street.

W23 Walk path El Dorado. Boundaries are El Dorado to Joe Mitchell school.

Walk Path at Falcon Way. Boundaries are Falcon Way to Marylin Ave W24 School.

Walk path at Farnsworth. Boundaries are Willingham Dr and Farnsworth W25 Dr.

Walk path W/Olvn. Boundaries are Hageman Park and Turnstone Dr, W26 south side of Olivina.

CITY BIKE PATHS
82 B Arroyo Rd. Arroyo Road, east side, boundaries are Wetmore to Marina.

B Las Positas. Boundaries are Las Positas Ct to Paseo Laguna, behind 83 apartment buildings.

B Spring. Bike path from approx 1225' west of Springtown Blvd to Bluebell 84 Dr, Bluebell Dr to Arrowhead Ave.

CITY BLT - MEDIANS
Airport Hangers. Two Medians located inside airport at airplane hangars along Airway Blvd. BL Ts located on Jack London Blvd, north side of Jack London Blvd outside of fenced area. Area to be maintained runs between M1 East and West gates of airport.

M Arroyo Rd. Medians on Arroyo Road- from Latour Ave to Wetmore Rd.

BL Ts on Arroyo Rd- west side; Cartier to Wetmore Rd, includes south side M3 Cartier- Arroyo to Bourdeaux. East side; Chardonnay Way to Bess Ave.

M College. College Avenue 3 median triangles. Boundaries are corner of M4 4th St and College Ave.

M Collier Canyon. Medians only. Boundaries are North Canyon Pkwy to M5 end 3 medians
M Concannon. Median boundaries are Isabel to Robertson Park Rd. BLT boundaries- north side: Murdell to Cordoba, Evans to Arroyo, south side:
200' west of Altair to 285' west of Larry's Place, 300' east of Larry's Place to Arroyo Rd. Includes Medians-Vega @Concannon, Neptune @Concannon, M6 Epson @Concannon
City of Livermore Page 5 of 17
Landscape Maintenance Services
2022-016 TMM/JKS

EXHIBIT A
41 Exhibit A-1 - Landscape Maintenance Area Description and Pricing Schedule M Airway Blvd. Medians- North Canyons to Clubhouse Dr. BL Ts- north and south side, along airport and creek area of Airway Blvd. From Kitty Hawk M8 to Isabel. Includes Pump house area south of Interstate 580 exit M El Caminita. BL Ts- Encino Drive to El Padro Drive along south side of El M10 Caminita.

M11 M El Dorado Ct. Sidewalk at end of El Dorado Ct at retaining wall.

M12 M El Padro. BL Ts- El Caminita to Ontario along west side of El Padro.

M First St. Medians- Maple to Bluebell. First Street Triangles NW corner of First @Old first St., SE corner of First @Old First St. Both sides of railroad M14 overpass north and south of tracks.

M Holmes St. Medians- Holmes Ct to Wetmore Rd. BL Ts- west side:

Mocho St to Catalina Dr, Concannon to Alden Lane. East side: Lexington Way to Concannon, Paris to 150' north of Anza Way. Includes Medians on M15 Paris@homes, Elaine@Holmes.

M Jack London. All Medians located along Jack London between Curlew Rd and airport hangers. South side BL Ts on Jack London between Isabel M16 and Curlew. North side BL Ts from Arlinqton to Murrieta Blvd.

M Kitty Hawk. Median- Airway Blvd to Nissen Dr. BL Ts- Kitty Hawk and Airway Blvd south side, sidewalks only along catch basin. North side of Kitty Hawk and Airway corner intersection, south/west corner of Airway and M19 Kitty Hawk.

M Murdell. BLT boundaries are Sherman Way to Albert extending east on south side of Albert to Schermann, east side of Murdell Blvd. Quarts Cir to M20 Apartments on west side of Murdell
M Murrieta. Median boundaries are Holmes to Portola Ave. BL Ts- Stanley Blvd east and west side going north to approx 450 ft north of train underpass, East side from Olivina to Portola, West side from Olivina to M21 Cedar Dr, Jack London to Portola.

M No Livermore Ave. Median boundaries Railroad Ave to Interstate 580.

BLT boundaries are, east and west side, Railroad Ave to Chestnut. Portola M23 Ave to approx 300 ft north of Cromwell, east side only.

M Olivina. Two medians only. Located at Intersection of Murrieta and M25 Olivina, east and west of intersection on Olivina Rd.

M Ontairo. Boundaries are El Padro to Canal entrance along north side of M26 Ontario.

M Pine Street. BL Ts, boundaries are Algonquin Ave to Forestation# 7 M28 boundary at Rincon, north side of Pine St.

M30 M P Street. Boundaries are Railroad Ave to Olivina, medians and BL Ts.

M Railroad. Medians- Stanley Blvd to First Street. BL Ts are south side from Stanley to P St., north and south side from L St to Livermore Ave, .

M31 Includes triangle on NW corner of L St and Railroad.

M32 M Rincon. BLT boundaries, west side only, Delaware Way to Portola Ave.

City of Livermore Page 6 of 17
Landscape Maintenance Services
2022-016 TMM/JKS

EXHIBIT A
42 Exhibit A-1 - Landscape Maintenance Area Description and Pricing Schedule M Rodeo BLT approx 500' west of S Livermore Ave on north side of M33 roadway
M Triad. North Canyon Parkway medians only. Boundaries are Dolan Rd M34 to Collier Canyon Rd.

M35 M Scott triangle. Boundaries are Gardella Plaza, Scott St, and 1st St.

M Stanley Blvd. Median boundaries are Isabel to First St. BL Ts boundaries are south side of Isabel bridge to Murdell and 500' east of M36 Murdell to Fenton.

M Wall St. From Stanley Blvd to Granada High boundary, east side of Wall St. West side of Wall St, fenced area directly across from High School to M40 Sonoma Ave.

Isabel open space. East side of Isabel, boundaries are Alden Lane to Jack M41 London. See Map #
M Bluebell. Boundaries are Bluebell and Larkspur Dr. Two small medians and one triangle at intersection of Bluebell, Larkspur Dr, and Springtown M43 Blvd.

M Dalton. BLT on Dalton Ave. south side only. Boundaries are Broadmoor M45 St to Vasco Rd.

M46 M Dana. Median and BL Ts. Boundaries are Dana Circle at Mines Rd.

M East. Medians- Vasco Rd to Hillcrest Ave, triangle median at Maple.

BL Ts-South side: 100' east of Delores to school property, east side of school property to Hillcrest Ave., Xavier Wy to approx 150' west of Nielsen, Auburn to approx 120' west of Auburn, Mines Rd intersection to approx 1000' east of Charlotte Way. North side: approx 900' east of Charlotte way M47 to 850' west of Mines Rd
M Greenville located on Greenville Rd. Boundaries Las Positas Rd to M48 Railroad tussle along Greenville Rd.

M49 Hercules BLT at end of Hercules Ct.

M Las Flores medians. Boundaries are Bluebell and Las Flores. Area includes two entrance triangles and median in between the triangles.

Landscape includes to the end of median and separate landscape section M50 at end Las Flores.

M Las Positas. Boundaries are from Vasco Rd to First Street, First Street M51 to North Livermore.

M Mines. Medians Boundaries are East Ave to First Street. BLT Boundaries East side are East Ave to Patterson Pass, approx 300' north of Patterson Pass to Technology Dr. West side from Technology Dr to East M52 Ave.

M Spring medians and BLT. Boundaries are corner of Bluebell and M53 Springtown Blvd. to Galloway St. BLT north side only.

M Sunflower BLT on Sunflower south side only. Boundaries start at M54 concrete wall to the stop sign on Sunflower, triangle shape.

M Vasco. Medians from Dalton Ave to Charlotte Way. BL Ts - East side:

Tesla Rd. to East Ave., Patterson Pass to train overpass (all of hillside).

West side: Dalton to 130' south of Crestmont Ave, Emily Way to Bike path on the north side of creek and heading west approx 925' both sides of M55 paved path, 425' north of Welch Ln. to Tesla Rd.

City of Livermore Page 7 of 17
Landscape Maintenance Services
2022-016 TMM/JKS

EXHIBIT A
43 Exhibit A-1 - Landscape Maintenance Area Description and Pricing Schedule M56
M57
M58
M59
M60
M61
M62
M63
M64
M65
M66
M67
M68
M69
M70
M71
M72
M73
M74
Turf Maintenance
Only
City of Livermore
Landscape Maintenance Services
M Mitra. Median on Mitra at East Ave. Boundaries are East Ave and Norma Way.

M Northfront. Medians- west side of Vasco rd extending 320', Est side of Vasco Rd extending 1400'
M Patterson Pass medians. Boundaries are Greenville to Mines Rd. BLT Boundaries on South side are from Mines Rd to 50' east of Shelly St, Vasco Rd to Greenville. North side from 120' east of Candy Ct. to Gale St.

Pavo BLT at end of Pavo Ct
M Portola. Medians-First Street going West to 580 freeway, includes triangle at First st. and Portola Ave. BL Ts- South side: Enos to approx 300' east of Michell St. North side: 150' east of Yorkshire Dr to N Livermore Ave M Southfront Rd. Corner of First St and Southfront Rd. Median and BLT at this corner, east side of First St.

Firestation # 6 at Loyola and East Ave. Landscape on East Avenue and Loyola up to chain link fence.

Firestation # 7 on Rincon and Pine St. Landscape includes the front, sides, and rear of building.

Firestation # 8 on Scenic Ave. Boundaries are at the corner of Scenic Ave and Jayhawk Ln.

Firestation # 9- Concannon and Cordoba. Landscape along Concannon and Cordoba around firehouse to Desconsado.

Firestation # 10. Located on Airway Blvd. Landscape front, sides, and back of firestation.

Springtown Library. Library located on Bluebell Drive. Landscape areas are front of the Library, the rock border (adjacent to homeowner property) to cyclone fence on Bluebell and the back of library that has landscaping to the golf course border. Includes both sides of building.

Northfront pump house. Located on Northfront Rd. Landscape around pump house approx 100 feet wide x 25 ft deep to fence on front side. Also fenced in area.

Oakville pump house. Located on Oakville Lane. Boundaries are Vasco Rd to St. Helena. Maintain landscape in fenced area only.

WT Dalton (water tank). Maintain landscape inside fenced area only.

Boundary is at the end of Ames St.

WT Dolan. Dolan water Tank located on Dolan Rd. Located approx 1/2 mile north of North Canyon Parkway on Dolan Rd. Behind 2 locked gates.

Weed abatement and tree work along roadways, and around the tanks.

WT Greenville. Greenville Water Tank located on Patterson Pass Rd after Greenville and Patterson Pass intersection. Located east along Patterson Pass Rd, north side of road, on hillside. Maintain inside fenced area and also outside non fenced side of water tank.

Rincon Library 725 Rincon Avenue
Railroad Parking Garage located at North I Street and Railroad Ave.

Page 8 of 17 ends

2022-016 TMM/JKS

EXHIBIT A
44 Exhibit A-1 - Landscape Maintenance Area Description and Pricing Schedule TMO1 OT-Parks Lizzie
NW corner of First Street and Livermore Ave.

TMO2 OT-Parks Bankhead
North side of First Street at Mcleod Street
TMO3 OT-Parks Hansen
First Street@ East Stanley Blvd.

TMO4 OT-Parks Livermorium
SE corner of First Street and Livermore Ave.

TMO5 OT-Parks Stockmen's
Veterans Way@ Livermore Ave.

TMO6 OT-Parks Brickyard
North side of Railroad avenue 275' east of East Stanley Blvd.

TMO7 Kristopher Ranch

1. SW corner of Lexington Way and Holmes Street

2. NW corner of Lexington Way and Holmes Street

3. Turf along West side of Sienna Drive

4. Turf on Capella Rd. median

5. Turf on San Marco Street
TMO8 Sevillano

1. Turf on Minerva Ct. median

2. Turf on median at end of Pendolino

3. Turf on Leccino Ct median

4. Turf on Sevillano Ct median

5. Turf on median at East end of Sevillano Circle
TMO9 Ponderosa Legacy

1. Park on Hansen at Derby Ct.

2. Turf on median Hansen Rd and Danielle Ln
TMO10 Los Olivos

1. Park on Taling Dr@ Santorina Dr

2. Median on Lerida Ct. 3. Park located on West side of bike trail 350 ft South of Hansen Rd.

TMO11 Alden Lane Estates
Park at Kobio Street and Codiroli Way
TMO12 Ladera Estates

1. Park at Detert Street and Cowan Way

2. Park on Cowan Way

3. Median on Detert Ct.

TMO13 Vineyard Gates 1

1. Park on Oakville and Cowan Way

2. Median on Calistoga Ct.

3. Median on St. Helena Ct.

TMO14 Vineyard Gates 2

1. Median on Rutherford Ct.

2. Median on Bella Oaks Ct.

City of Liveimore Page 9 of 17
Landscape Maintenance Services
2022-016 TMM/JKS

EXHIBIT A
45 Exhibit A-1 - Landscape Maintenance Area Description and Pricing Schedule TM015
TM016
TMO17
TM018
TMO19
TMO20
TMO21
TMO22
Weed Abatement
Areas
WA1
WA2
WA3
WA4
WA5
WA6
WA?
City of Livermore
Landscape Maintenance Services
The Grove

1. Turf area on East side of Sonia St@ Mines Rd

2. Park on Sonia Street @ Figone Way

3. Park between Sonia Street and Wexler Way

4. Turf West side of Sonia Way 4 75' west of Snider Ct.

Ridgecrest

1. Turf on NW side of First Street 1000' SW of Portola Ave.

2. Turf on South side of Portola Avenue 1200' West of First Street Portola Glen
Park on NW side of Edinburgh Ave.

Maralisa
Turf on South side of Garaventa Ranch Rd Between Altamar Way and Owl Way. Turf on North side of Garaventa Ranch Rd between Water Lilly Common and Hawk Street.

Parkside
Both sides of Parkside Court at Bluebell Drive
Creekside
1 Turf on West side of Herman Avenue North and South of Rubicon Way

2. Turf at end of Almaden Court
California Promenade

1. Park on Village Drive @ Meadow Drive

2. Turf on both sides of Brookdale Lane at Scenic Avenue The Bluffs

1. Turf on both sides of Lake Drive @ Laughlin Road

2. Turf on South side of Bluffs Drive @ Laughlin Road
WA-Meadows: Access gate located near the end of Meadow Glen Dr.

WA-Saddleback: Includes 2 abatement areas and an area of perimeter abatement only
WA-Altamont Creek: Access gate located off of Bear Creek Dr. and Blue Grass Ct.

WA-OaksBusiness: Access gate located off of Jack London Boulevard WA-Altamon tCreekOS: Altamont Creek Open Space
WA-AceTrain: Ace Train Parking Lot
WA-Holmes: Holmes Street new Wetmore

Page 10 of 17 ends

2022-016 TMM/JKS

EXHIBIT A
46 llliQ#
LB
L�
us
L��
L.38
L2
LJg
L4A
L47
i53
L�-1
L-61
LIH
Lt�
L7'1
L75
L7�
L7B
L79
L�D
LBl
l82
Exhibit A-1 - Landscape Maintenance Area Description and Pricing Schedule

UID LOCATIONS
MOntl{ceilD, 1 ract 90064S alon�
l\lunit;la Bl•,d 113
lil�/. Troci'blb€i; ll'il\JM�
Jllooa Coocamnon
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P:!.!lS (ii\ V3sro 3.14
t1vr�nn.1rr, 1 mer. 90072� E�$, Ave
10 Voooo Rd alona ,Cnarl:'.lile Wm1
Tt(l(:I 71il�; �l074D Mne�
,,;,p31ternon P<l:;,;i
Birchwood Pirlo: fl".i0744 Eool
Aw:@V:>t.eo
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,-m Foree! IM! Not C�mm
Scer,ic Sever, H'ils, 000905 ',/;,,o,;,;:,
@ Se¥.11� E !ido: Jr�
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@ <'.i,ml�entll .�,�
S'cfl�rro: 9007�<5 \•'o�tc0 Rd
P.,,r�. L3ne; 90J730 \/3900 @'
-S=io;; W si�e
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W9lde
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r.:, P.llierson j:)ass Raad
Pi�>.\J".$ ,;,nr,r,a �'If� 1n:,m o
Slreet tu S �
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Sou'J, 315'
SotJlh Slil'e 01 ll\l:;:t A.0,1:nue rrom
]5Cf We!lto! vasco '>'•'�pl�i;, oma
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lllooa '/�co !'<d.

Sovlh Si* of CM�lil)(;G'> ft(>ftl
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City of Livermore
tlAMES
M,;,rili�lfc,
T<!il)es.tr,'
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Pr.in'l"9
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1'he ,.1�ne:$
:.Jden EstlYIBD
Landscape Maintenance Services
- Twice a Mandi Monlhlv
5qlB1! IA (B (C
footage (apprm.) Servl01!) Service! Service)
15 016 I $ �et:?-2 s :-62 .. J.3 5 �10 3S
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380::::S } J0-1.66 s i,ui s l3'7l0
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Page 11 ends

2022-016 TMM/JKS

EXHIBIT A
47 Exhibit A-1 - Landscape Maintenance Area Description and Pricing Schedule A.nuartf-'-
P,rU CITY:PARKS NAMES ( ..... .:.t w CA Serwic:e-) Twaiillomli(D �,
P1 P Jrit Jt Arro...:> Rd frcm ,CartEf tc Cre1:k p. A rro,,,:, :1J'$C s .lbll.C'J s � '!!·.�,:' P2 PJrx ar. Railroad A'ti and .s. s� �'.�'i' Oi•8rietv �.� S, 30433' �- 235.SiS P3 Palil ar. Holmes and Fourt'!) 3c,� F'·C-+111tn 2>0:.1;?,: .. 351.E,3 s 2 ,Ji t-5 P4 P Jr'ii: at Junct>c_.r. a_nd t M., p.o,::�, � .. w: $ 32]_�1! s 1.!� 15 P5 Par\" 31 eJst A,,,. ,:,nd M¢�� N & $ $�� Fi-Eas.1 3.c;,f& s 320.,!111 i loat"S ��-- Pl:l PJtt 31: Filth ancl Lru11� P-FmT. 4,2,0C s ]5Y.bl' 5 l�l..t F'K 11'7J. Al i=-11,t ,11nd '.,;, �-,rHt IIOt!IIHl� Turl ':>T-H· H.OoB ;a;{]'.ll � �:·: $� ,· Jr"d �¥td$C,r,i .Y. Fl ark ;;ind two• tri.:!Mks .en :, PS ·;;;in; ar VJtsr Ra from T.ll!!o.- D· to S�..;rior ?-Cr;Ster 2�_21: $ !�l !.:iDi $- i't:H:i l'/ F-r.< ?an Af !"1r!:t and Lvermore lw:: QOM'11¥. D1-l�M!ils-� 1;;,Z6!= s J.54.3-� l :!5:f!.!1 Flu, IF;rt :.tlVC Ffaz3@/JQJ6e DT-P� s ]63,b"Z � �i".,;31 Ptt Pn a? Carnegie J St and K St on T� 'ro iiT-<'�eQ.!> s ,ms.Ni $ 3],6,.4.:! PU '"1a,k 2"l: Madeir.!o an<i &-!loci S-t P..V��'/'3 :1,iao � 21Hi.l:!' \ Di}� Ptl- P::ka4iNal]a.Ct. p� 1,3.-5ii s l425:? s n,:,45
PH =>a-'11 at Uverrr� ;r-d ?ort:;ila ?,P,or..i:,: ffl:0,200 s B71l.72 i fiSUl P15 Pa-I\ c;r, F.utt.an �� \V!E sid'l:s P•�.U"'� 2.7,840 s 235.76 5 l!>l.71 P1, ?n en f'nciiav \'i.a-J r � 'IU ;,.) P,.oiiiil 14,56□ s 250.75 i 1�..i33 P18 ?;rl; � Fac;;ifc Ave l-1 ti'-.+ 8J!T' F',e:in, � ZB.9Z i :�<;• l}J ., f'1,i F':)11_ :II! ·Corrtt1un!y Se,,..-ee, l. �tff on P-C.omSIIS ;:>.i.::ifo $ 4t,IJ.tg i 35-:-u P:·:J ?.rt :it Ila: S Lvfffl\!-'; A·� P-Oii: Ll:rJf'/ (N€W) $ 1.057,&11 5 s ,�, i•) l'>ll
�rt st S-. L!v�n; A.i· 3-"-d P.x,fo Av-� P-CVCCTR ' �-s� � ( Cit\! 1,,-..,,11 s 1,21�,1!, �,.;;1 ;'.JIik at 5 t.;.-:.;;;-� -� Pa6fo P-lic,-;;r s M�.�1 5 i�H P2� ?.l!'k 3 Pct.:� eulcii!W P-Pd'oe s l,l:l!,,HI l S7,.0J .. ?'14 P-De5lrtt °'2sil'E'= J1n1: Pm �•.000 $ U9.J!t s L -:-�_')5 �E, !.andsc;ap;,g -g; t'Fi"M \,,,Ill;!': ano p.j "li�C1t� .!,mort Ar:irr,:nbuildinos $a SIU:.:. � €S4 75 P - "'ist:-r Chy ws s-d,;, o:f Air, 'i Ell•Ja.
;:25 from Clut,lio-1.lls"=' Dr. nc 1 oo· u;t or p.$,,s.:tt C TJ 5 &.5274 T ,eJ"'Tllni![ (:ir, s Bt,5.13
-
P. W�r I reoitm. -• r •• fac:k \.¢n{l¢ll P.27 ..,:: ls.;1i>el p.�•,:,lir ii:rtwrcem s 551.z,1 5 .BJ B,� l":-B P-K;i�tr.Jinn F.3ffll -1!,!, O':i'JiflJ twe p,�11; 5 Jji'�,J L.lnol�C;ll� iu rrour,d1fl!l ht>U!\;-. s '13b.GG .. • The pncm.g :ibow. i5 in! month� invoice amou111t for each-sel"III ce fe1'"E!I City of Livermore Page 12 of 17
Landscape Maintenance Services
2022-016 TMM/JKS

EXHIBIT A
48 Wtl
W1
W2
W3
W4
W5
'W6
W7
'\NB
'N9
W10
·w11
Vl'°12
W13
W14
W'15
VV16
W17
W18
W19
W20
'J\f.21
W22
'1'{23
W24
V'/25
W26
Bike I
Bl
B2
63 64
Exhibit A-1 - Landscape Maintenance Area Description and Pricing Schedule

CITY WALK PATHS
1Nalk Path at Conc.innori Blvd.

Walk Path at Crane Ave.

Walk Path at Creek Rd. II
'Naik Path at Hagemann
Walk Path at Kell'/ St I
Walk Path at Kell'y St. rn
WaDk Path at Murdell ln
Walk Path at Olivina
WaQk Pa1h at T-ar.enger I
W3U, Paih :>t T.menoer If
Walk Path at Wagoner Or_
Walk Path at Wall st.

Walk Path at Yosemite
WaH; Path at Oakmoot Cir.

Walk Path at Sinotno Hillis Pwe.

Walk Path at Idle.wild
Walk Path attovoJa Way
Wark Path Singing Hili
Wark Path Chartottte 'Nay
'Naff! Path at Cresimont
Walk Path at Creek Rd. I
Walk Path at Cromwell
Walk Path at 61 Dorado
W31k Patn at Fancon
Walk Path .it Famsworth
Wall< Path along 0livina at Old
Horse Ranch (Hoofprints on
tile Heart)
Name
W-con,can
W-crane
W-cree!Q
W-hagemn
W•kell'!/1
'1/1Helly2
W-murdel
W-olvn
W-l
an,ger
w-taooer2
'N-w�gori
W-wa11 st
W-yosemi
'iN •oakimon
W-slngiO
'1/i.t-idlew
W-loyola
W Silno
W cllanotte
w-cres:tm
W-creek
\fii'-cromwl
W-eldora
W•blcoo
W•famsw
W-Olivina 11
Square Footage Two Times Per Year
(appr-ox.) (Jan. & June)
1,90� $ �25
1,90: $ ,�5
1,90: $ .225
1,90: $ �25
1,90: $ 225
1,90: $ 225
1,9'D: $ 2.2�
1,90: $ 115

1.90: $ �:!5

1.90= $ �!5
1,905 $ 2!5

1.9-0� s. ""H----'
1,90: $ 115
1,90: $ 225
1,00: $ 2:!5
1,00: s. 2,?5
1,905 $ 125
1,90: s 125
1,90� s 11:5

1.90� ) :!25
1,905 s 22.5
1,00:: $ 115

1.90� i 11)

1.90� s -n._ -�J
1 Jl0� s 2.25
g.100 s 536
•Prices above a,re tile annual prices for each service area CJTY BIKE PATHS Square Footage FOUR TIMES
loonro:x.l PER ViEAR
mke P3lh ftom approJ<iniately 700 reet
north of RR c,o-ssing bridge al Murrieta lo
AiroYQ Rd on soum side of ere el\ a. from B-Arroyo 310,070 � 1.606.80 appro�imalely 500 feet wesl of S.

Li'lem1ore Ave to HiUcre!;t Ave Welrnore to
Hillcrest Ave
Bike Path from Wetmore to Marina E side 8-Arroyo II 109,070 $ 3.8S1.S() of street Bike Path behi11d Paseo L3guna 3long B- Lposit 126,000 S .U25.72 bad< to Las Posi1as Ct.

Bike Path fron1, Heatller to Sprinatown B-Sl'lrinq 250.000 s 4.S22.24 "The abo11e pricing 1s !he a nnual co�, for each ser11ice area City of Livermore Page 13 of 17
Landscape Maintenance Services
2022-016 TMM/JKS

EXHIBIT A
49 Exhibit A-1 - Landscape Maintenance Area Description and Pricing Schedule ¥\'ookly lwl�"Monlh Monthlv
5qlliili
... cinr Bll & MEDIANS ffJJil!!S. Foomnclao�w tll.SG.-.tcol m.scrrtm IC5twkJ>l 111 �,.I\Jt)<;<i ,,IOP<J1 �::r.mr mwnmi 11.:. 1ft: � (.(i(lj � !-1:r. I -�-: ,:
.,f� lf,'I.Allt.11 'II!,- '-1-""'l_@_J,li_r& I 300: 5 �65 i_ �l! ,i, !t� �3 �,.�'I> hl!l)'.>.>HdCtnM!"L>�Ym,·-ort' IU2.ll!>C 5 l.1$ilM � !'16!1 1 m-'4 t-,i-: �K� ... � <!Sc.JI): tn C'd.;;;io ;;t l'O.llh 1500: I 1$•JI � .:::sc., I 1.::o; "i1',_�-1 .◄;. �=-, Cl.;•�n ,◄ldiltlll a, Clll1!! c,,...,,, :,� or,: J :19� ; lr-)1� ·1 ?H� iii h,-.C«t:.Tn,;-r 'Ac-wr,, .i �l I en r�i>:,...,.:ii �.2.!I: I 1.!,.:l-l ; J�J!� '> 01:: 3L\1[r t,t;r 11'1-Ci!!Jli!o '"', • t,,.\ Okit!oilSilo.) (.r;d C.:rd!L'..1 -1:i: ; '"'JI } 17.U .. _ :ill.f •A� ML111r� :!ILi :,•r:,,,i :U-1,-:i,·llJ.ld "'J>: 5 ,�.,; s L<:m 1 3F:
! �H• 111 .. fl,r-.e �f\lq,111"'' Em,,. �,- I It"' I DIii I '"-J AIO- ,_:ICQil.a�:• 3H 6-'> El C,lrilfil!:l I fill'. t HI9 S- 1!•1 1 fT 1111 �H:ILf,;.r,JiJO OLI "1"111 t,'!tl<!.\;!;J�;,i;:_ 4LW, s �!�•I t 17.U 1 11)1:
�I.' �,_�I f.'.ahu iHiimE1P,11lto an-: � l>I� � IH)l 1 \1:J�I I ,11.:1- 11,.Etr.nn �cd!lnocn Ev_at ;iiC!;•Qn•,011 !!I'; I li.t, � !I ,11 1 o�.:. ,l..fuM t. ,:,,;;tp.us. ""' '"" �
)11,1 I,,_ iuJ c;.J ocift::111,11 ucly s�.u i 01a •• 5,,4� ) JWOO !, ]�·.:;; �; 1 m�:
-=i�r\
/AfGQll} � CL I en !'«n ... �, ""'
',llr.• '.'�.\,, .. � !Ni r:r�11;F..-J: �� ·� 1�0 OW s "t(•�'(: '), <"''1 , �,, �� 'l....,Or,:w\
,116 �,J:>t\ u.-«oo dt,1<1M .& l!l 1 en Ji,:. 1..t,n:'<ln wuu:r � =�Jt)'_j ,:. 19�6! l lfJ .. ,11 li'l-0'.il F ru tn:m[I>,.; a!L• il1Fiffi SI �"l\ll ct� F'irit I� 26'01!( I 1:1.,1 ri !'}.',.I 1 nF·.!. rrl,..,, .. �•, 1;11':' �,.._m·_tl;,�k •�"1'll!HJ f'r,\"JI' ft,� t:<:u JLWJ ). :1.t_;_;. 1, :1�" I � l.";!'. �<V i.w,..i-t 'fil_,,,.,l.'1.iol..tl ::I_(}!\" l ia)l1- •�.u1 i .. 111 ,121 !.1,;'�,rn;;Ll �.da�.S eLTc1• vu,rsL�E
f
!l Ii.!.,..,._, I HNI>:•·!- ....!�1�11 mr.;
rllLZ -,�� td...,,..n l"-'l N�!ir-. ! _,u�1, ;�y, l Ulf ,IZJ 1 N. Lr,'\l:rrrr.,, �l'0'1n5.!> ULI c;J1 '\\L•,-e,m= e,1� I ·lP.W s J.��· �� :!:J-:-� �l))l�H:.to-1:I ,u,; \M:i,,,nll ::-. ••_J._..,w.,-,;;� nUild�� 2� -� �-T} ! il M , 10.:; ,IZt, �, ... .,. tl'.I Gn l,'ffl.1� Ur, I ••• � ,iv .. \ :;--1 .. 'I 1:lt•.:
m 1./,..f"r,:on� .1-m""" ctt P • .-_.. W..., �rt � n·� I !'1' 1 l0fi1 ,'!?a ��n� irt�tO:,rdQt/lill c;nP�S"- f!;I' I !3j8 � lf!1 $ IQEl ,�;Q ..... -�I!� P;:.;t::cl rrn-'t'om .:lll,1'-2-� > :;lr.i ; ;:;.=;i, , [JHII ,,..,, U-ii"itj:1Clll.l l.!Afilllll � an C<t.m·.Jm.1,1 '4• 1-\il'I' I :i,jl(l I �10'-l 1 J''\:f.t,. ,'l.'2 I, �,•,::,:wi HHMF llCO"'\ !',il!i I 1�.:6 � :!'��J 5 IH2 vi� ... � "" tl'�-�·�ll1 '-"""' I Jl.'i � ,� , 17:f
M:!-1 ... -· I Jf.,Y.I f,1Nilll1 IM>1!lft. JIClll TIPl 4!.000 I �<ll6 , J!�ll , l;SY.• ,1J,r,, ' -"CC/11 io;ir-n,e .. .1 �cc:n � .!""- I J!W � ;;_'Q � 1$U ... �.i::, '-t..:::••��'{ U;l�6 ill T,:11$'1:,r1"1vEfol 62.IX•l I {=��- I J)it;'" ., ;t�'lf· �;-� •J..Vr:,T,J
nN<Jn'JCO'.'"!,-)�ICi:41� :-0 • llll'I ; J(,(! i 1:ll f•;,;t. f •,u,:,
t."1-'i.V;il e.U ,,., •,,,;,11 fl 11,a':r-. II
',l�l M-1�,;,I Pr..-.fL'-'oJiil �· l:,;.t,;,I ;,_.,.
'iLl� M- _...,_�rr,-:m <-{�-� Ctw,,,< !t >n:,i:m,-t Cw.I UL.". M-r.l;,-1,-ll h.�:i:su• :rn fJ1""l�I 1.XI 1
�� ,,_En�.1 ��:.,s. [t!"1 EnS-.J
',U�► M·O;il:<1 OLT ooC-:i•!<'"•
','1,;, ,'l-[L:,,t� 11''f:'l�:I) Ua•:1t.l'" fn'rJ IJ,�1", � Fil 1 bu+.: .r.., ..
1,t.£.7 ,,.l;tt.lJ ','M-�:11::. Q'i. t:H.. J u•·1 �;u: �.-.-:.,. 1.1-Ey fi,'l•/o
iJIJ.;S M·l,!ee<',,i� fi-�l..-r.�i:r,.-,l�:.-:-t1:1�N..,a1;"1,-q1 t:r.f.-(:i,,,1
'ill? ,Mlorcit,,, U-L I -,1 ....,ci d 1..,r,:,,'e<. r,;1 '1l:il tll-L<"" Fk,,,, l-.�;l,;11� 1:m L,;tj: A::r�::i l.'Hl

1.1�.1 �,, L-l-� c.��1.il� t�;:t.TI'!- l)M l-� p.;:i!:f;J, •J1/.)�C-, J:, "'Lf�IJllt,r-e-.!i,,.-e,
,,,�2 ., .. ,- ��::l� ,!- � SL l C•"'1 Mn� �VJ (:r.:. 1 [ti:11111
1,ff.� 1.H.'l:1,,-., iii/'�� till ttn!:;:-'"!np.,.::rt,.n !f11.,,rt
'd!,"l .1-�n-r---:w ... �• et.Tc;ii:5i��
•�fi!, ,1• l.J$CV h"'�:r.� / .. till r:a-:i "b'-":"•� Htl ((�:rtJ l)r,l-{1 fj,:.rf:!t Jn:I S,;�lt;
•�9:, ,,,:,,w� �-"'�Lin r,'l'lra�I E.11-.1;,,·�.
',l57 1,1-N')lrt-lttrJ l,'"4,-r.s t !:IL T ,m N F.--,.-1 City of Livermore Page 14 of 17
Landscape Maintenance Services
2022-016 TMM/JKS

EXHIBIT A
50 Exhibit A-1 - Landscape Maintenance Area Description and Pricing Schedule Ml CITYBLT&MEOII\HS
M&l\ 1,1-PaUer
ii- ,·o
,1-Pc�
',1-5Guth!K>TI1
' 2
City of Livermore
Landscape Maintenance Services
CSeN!ce
1,1114'1
'The p,1,es<11ittd ah<lve rcp,oMent Ill� "<non1hly" bllllng amount for cath s.en,lrn tevel

Page 15 of 17 ends

2022-016 TMM/JKS

EXHIBIT A
51 Exhibit A-1 - landscape Maintenance Area Description and Pricing Schedule 1fMOI Ul()A,e,a weeklw Serwce
lMOl DT -li"':.rks l•i,ie U:..5C
I n.11a,2 I DT·iPark!i ll�nldu,::,d �r.•:' ,(I(
'f!'J1;'.:,.:) DT-i',1,h ifancnn ..;oo oc
nrn11 I or -rark� l,ver.�r,rl un l"'itJ ·IX
Tr,•,;'.:15 I OT- P;irkd,Tor.:�,mc-n·� L.;5.(•)
Tl'iC•.:; [JIT-F-i!rk� brl.:�,·1·a,rel .:J,�J 1:•j
i r.1 :,i 1e: :�r.tc,pnf. r R;; rir:-'l !57.·l<J
IMC16 Se-�•jl�l'.iO .:.f�.-�::

TMO�• r,,::,-nt.:,1.�.�.:1 Leg;:;::,,, n, Hl
TM0'.10 L:Js 1Clli••1:i.5 ,§S� t� I
TMC•ll l'1d-en iurie Es'.a!es l �� ,r,,1
rMC11t lacersi htare5 �•:-514
f'MOB �••";£',<1rrl G.t,.. g E759
Ir.,,OH 1ifrJr1��rrl G&1:(ls 2 E:"f..1.1
,M,Jl:- r he •!ci•�ye S E81;
l�.•,)16 f Rid,r;;-ri;,;t 2�1�
T.t.'D17 f'o:iri�•la •uJ:e.r, 'T�j 4:"
r ,:,.J1.� M3r:I ;a 3�� o)j
r1,'..'.J1•:;, ii'-:Jrk;iir;� !8:1111
1MCl20 Or.e,e :.:51 {j� 1�:-;,,6,[
Th1Qo21 Clllifoifnia. Pramel'!ade SY7.S.3
TM022 Th,: 91�rtts 12D.S..!:

City of Livermore
Landscape Maintenance Services
�
NW' ,:;L,mer o� !first .Street ano 11.r;e rm.ore AV<:

Ni;,rth ,id!? !)f Fir.t �tri,d a.� Mch:ecd Stri,cl
flim !i.nre.et �• East S't;;<1I1!!v Blv,:Ji
'.ii£ c,Jm�r □I i'ir�t Stree't a,-.� L!verirnor.e ,l\�e.

V,er.,er::ns wa, (fil li11,;m-,1>-ro :,,,e
l'lc::,rth �ido! rR r•o_d av _nue 7S ta of E�;t
Sr,; -Le�· Bl'lrl
t. SW wm1:crol e.crn '' n 'J •!l'ld OIIT'o!:5 Sm:!et 2
1,r\l'l to ner i;t I fi, r.;v-:md 'm � �·tree� .3
Turl'.11lcin., W t I "' Sl-1' a .•rl,•e k Jurt o�
[WOE ,- Fir.I, ,.., .d r Turf �,. ;;n M�rca Str [
It ..,.-:.-ton i-c-,. Ct. Mecli.11 2.1un 'll:?ll1i:1 i:- end of '':!T's 1,l'JQ Twf �r l « ,;:1 rn�di an ,1
I Turf a. Sen, :iro( 10115. T on EG J;
Ea-.E.t. E r<ll at Se1,llaiio Cird;i

1. I'��• om :H11n�e(I ai [i,erll·1• c,_ 1:. lu1rt •�·�, f!!!ed1an K.arr:;:<,,", �!;j ;r,i, C,;i ni �!UP Ln
,11.. Peflc a, 1-Ung Dr� !rartori ,a 0, 1 M1:di ncm
1L<:, ·,da •Ct 3 I' , � I .. c �tc-d o JC<rt 1 de f
.150 h.io.1.1tlr- ,:,t fi!3men fi:d.

P..icic .it �:obio S-!r<'ct ,md Codicoli Vo'.a·1·
n_ Par� ,3t t1ete11 Street and Co•,1,f:,n 1,''l'a'r 2
Co¥>·.an W.i·,· 3. 1/.,,,dian on CJet�n: Cc.
etrac
P,1rl: a!lt
fi f,;;,rk ,3,,;, ,O;!;,;•,i 11 am,:;i C:i:,,1;-;in Y,1;;i•1• 2. t.1�di.lin on CiJ�!t,e_.t CP._ 1. t.'-edian (w,::.t. Her.era Ct.
�. Medi.;n ,:,,i 1�;1Jth�rf;;,r·,;I ,C:t, .2 M<"::ia.,i c,�. lkll"' Oaob c�.
!! 11'1_1r+. areo ,:;n fa-;l �;g,p o1 ioni.i 'SI �'il M,n-,t Hd 2. r11A an Sonia Street 1'§.1 1-igone wa•;• 3. r•·ar� •1;.Et1n·een 'ion� :i.tr,prt .ind 'i'v'<:!�.J.cr Wo111 ,t T'J rf w��1 !-ide o• 3':irt i::t 1.Va·,"H.:i-' ·11.·est <l'I Snld'i!f (t.

J. lf1;1rf ,;:,., NV\' >.'dt, ,:,t rirs, Su.,.,, 1000' SW □I li'flr:,J,lil A¥f. 2. rrurf r.,:n,South side o,, �o..-::r.,la A•.•�nu"' l?O£r \.-\"G":.t af Fir'l1 �'tree:

P;;,r� i;;n t(�,! s;i,:j, of [din!>wigh )'we.
fu,f D'7 �outh ,is:lc o�G,ira•nent.! R.inch Rd Be:t.,.,,;1:,r, !1,h:;;rnar w�·,•,;r,'1 O·o111 Wa·1• Tunl G?l r;;orth ;i,;f.r: ,J-i •G;,,r;;,Jr;,,t� fl:a!:ch Rd bet•,vc•1rn W.r:121 LllV Ci:J<"'ifl'Dn ,rnd Ha�l � re-:t.

EC1lJ1 �iO!e� ,M P.am,d€ (-DUil ac Bluet€ ii (:tm,•,�
� Twrt on Wl!'�t �ideof Herman A',-enue North and
5-;l•!Jtb oP A•u!li-con w·a•t 2. 'l'ur� at end of Al�d-1.!n r,,;,urt

1. l'arl< on Vill.n�<J Urii•t!@ Mea.Jow Dfr..e 2:. 1,u,f on bo:h sides of Brookr.ial<: l,m11 ;_i( $.c,i:,ni,:; . .\•.-.;n•�•�

11. T1Jrf c,r, bo\lh f,i:?•is ,;,f Lakr. [Jrivl'.'@ �;:u,ghli'" P.oiiod •2. l•arf on S.::.oth side or SluHs. Dri•,·e @;• L.;ughlir, Ro�

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2022-016 TMM/JKS

EXHIBIT A
52 Exhibit A-1 - Landscape Maintenance Area Description and Pricing Schedule WA# WEED ABATEMENT AREA NAMES
\'VAl WA-Meadows rh� Mt!a<lows $
WA2 .WA-S-<>ddleback '>;;ddlebaek s
'NIB WA-AltamontCreek Altamont Crl:!ek $
WA4 WA•OaksBminess Oaks Business Pa,k s
WAS WA·AltamontCreel:.OS Altamont Creek O�'i!n S!Jace s WA& WA-AceTfain Ace Train l'ari<inP. Lot s
WA7 WA,ttolmes Holmes Street near Wetrnare s
Extra\'lork
Per l-lo1ir Cost for As•Needed Work IS ..LS.1)(1
Additional Service Areas and Task Rates
we·eklv Jwlce a.Month
LMD LOCATIONS � Service) (B Service)
Alden Lane Estates $ 267.13 $ 227.06
Altamont Creek I $ 157.75 $ 134.09
Altamont Creek II $ 1,009.26 $ 857.87
Arroyo Crossings $ 1,643.01 $ 1,396.56
California Promenade $ 607.80 $ 516.63
Creekside $ 339.11 $ 288.24
Kristopher Ranch $ 1,611.98 $ 1,370.18
Ladera Estates $ 1,243.92 $ 1,057.33
LarrY'S Place $ 195.00 $ 166.00
Maralisa I $ 498.05 $ 423.34
Maralisa II $ 547.14 $ 465.07
Parkside $ 263.45 $ 223.93
Ponderosa Legacy $ 1,748.44 $ 1,486.17
Portola Glen $ 2,477.25 $ 2,105.66
Ridgecrest $ 521.72 $ 443.46
Scenic Meadows $ 114.77 $ 97.55
Scenic Sewn Hills $ 350.00 $ 298.00
Se�llano $ 1,239.16 $ 1,053.29
The Bluffs $ 681.41 $ 579.20
TheGrow $ 3,078.61 $ 2,616.82
The Meadows $ 173.85 $ 147.77
Vineyard Gates I $ 1,180.63 $ 1,003.54
Vineyard Gates II $ 268.15 $ 227.93
Downtown with Weekend SeNce $ 16,659.54 $ 16,659.54
Tcital $ 36,877.13 $ 33,a1�.1�r
Ancl!Js!y Work J:a1:ior Rales*
Hourly Rate $75
Month.Iv
LI; SeMc:e)_
$ 200.35
$ 118.31
$ 756.95
$ 1,232.26
$ 455.85
$ 254.33
$ 1,208.99
$ 932.94
$ 146.00
$ 373.54
$ 410.36
$ 197.59
$ 1,311.33
$ 1,857.94
$ 391.29
$ 86.08
$ 263.00
$ 929.37
$ 511.06
$ 2.308.96
$ 130.39
$ 885.47
$ 201.11
$ 16,659.54
$31,622.63
Annually

1.0S�.30

3.l?!i�S�
}.94H9
.un.1s
!. 705.75
t�5.55
901.n
A Service
�nnual!y
$ 3,205.56
$ 1,893.00
$ 12,111.12
$ 19,716.12
$ 7,293.60
$ 4,069.32
$ 19,343.76
$ 14,927.04
$ 2,340.00
$ 5,976.60
$ 6,565.68
$ 3,161.40
$ 20,981.28
$ 29,727.00
$ 6,260.64
$ 1,377.24
$ 4,200.00
$ 14,869.92
$ 8,176.92
$ 36,943.32
$ 2,086.20
$ 14,167.56
$ 3,217.80
$ 199,914.48
$ 44�,!>2fi.�
*Including but not limited to planting, irrig ation, and decomposed granite installation City of Livermore Page 17 of 17
Landscape Maintenance Services
2022-016 TMM/JKS

EXHIBIT A
53 CITY COUNCIL STAFF REPORT
ITEM NO. 5.4

DATE:

May
9, 2022
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Resolution authorizing execution of a second amendment to the agreement with West Coast Arborists, Inc., for tree and shrub pruning and maintenance services, extending the term of the agreement for an additional two-year period and increasing the total compensation amount by $323,000 for a total amount not-to-exceed $788,000.

RECOMMENDED ACTION

SUMMARY
Staff published a Request for Proposals on March 22, 2019, to seek assistance with tree and shrub pruning and maintenance services. West Coast Arborist, Inc. was selected as the best value bidder and the City Council authorized the execution of the agreement for services at the June 24, 2019, meeting for a term of three years ending May 31, 2022.

The first amendment to the agreement was approved by the City Manager on June 30, 2020, to increase the total compensation amount by $90,000 for a total agreement amount of $465,000 for additional work related to increased tree failure. The number of trees and shrubs requiring maintenance remains at an increased level causing the need for continued contractor support.

The original agreement included the option to extend the agreement. The action before the Council would utilize the first of two possible two-year extensions commencing on June 1, 2022, and terminating May 31, 2024; updating the task rates in Exhibit A-1, and increase the total possible amount of compensation.

DISCUSSION
The Maintenance Division of the Public Works Department is tasked with maintaining City-owned 54 landscape areas, as well as 92 Landscape Maintenance Districts. This includes the pruning and maintenance of the trees and shrubs in these areas. Pruning is required for the health of the trees, as well as the safety of the community, and requires specialized equipment or training, such as enhanced aerial lifts and tree climbing, which city staff do not have training to operate or perform.

During the winter storms of 2019-20, a large number of trees failed in the open spaces and parkways throughout Livermore as a result of the extended drought and increased severity of winter storms. Many other city-maintained trees were also damaged and needed removal to maintain community safety. The Maintenance Division required additional contractor assistance to address these issues, and based on this need, the city entered into a first amendment to the Original Agreement to increase the total possible compensation.

In the subsequent years of the first term of the agreement, the Maintenance Division has relied upon the Contractor to support their efforts in addressing the increased amount of tree failure as a result of the drought and winter storms. Over the past three years, West Coast Arborist has completed 456 prunings and 350 tree removals. Staff anticipate that the amount of pruning and tree removals will remain at these levels during the next two-year term.

The Public Works Department is also currently completing a citywide tree inventory, and it is anticipated that additional tasks, specifically large amounts of pruning, will be required based on the results of the inventory to maintain the health of the urban forest. Many of these additional tasks will be completed by the Contractor to allow staff to focus on the daily ongoing maintenance needs of the city.

To ensure that ongoing maintenance, pruning, and removals occur in a timely manner, staff recommends the City Council authorize the second amendment to the agreement to extend the term for an additional two-year period and increase the total compensation by $323,000 for a not-to-exceed total of $788,000.

FISCAL AND ADMINISTRATIVE IMPACTS

Adequate funding for this agreement is included in the General Fund Landscape Maintenance budget, as well as the Landscape Maintenance District budgets.

ATTACHMENTS

1. Resolution

2. Exhibit A - West Coast Arborists, Inc. Agreement Amendment

Prepared by: Sean Prevette
Management Analyst II

55 Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
56 RESOLUTION NO. _______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE CITY’S CURRENT AGREEMENT WITH WEST COAST ARBORISTS, INC. TO INCREASE THE TOTAL COMPENSATION IN AN AMOUNT NOT TO EXCEED $788,000 AND EXTEND THE TERM OF THE AGREEMENT FOR AN ADDITIONAL TWO-YEAR PERIOD.

The Maintenance Division of the Public Works Department is responsible for maintaining City owned landscape areas, as well as 92 Landscape Maintenance Districts, which includes pruning and maintenance of trees and shrubs in these areas.

On March 22, 2019, after a full bidding process, the City entered into an agreement with West Coast Arborists, Inc. for tree and shrub maintenance services. An increase in the amount of tree failure and an increasing amount of area for staff to maintain requires additional contractor support to ensure repairs are completed in a timely manner.

On June 30, 2020, the City Manager approved a first amendment to the agreement with West Coast Arborists, Inc. to increase the total compensation by $90,000 for a total- not-to-exceed amount of $465,000 to address additional tree failure in open space areas throughout the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livermore authorizes the City Manager to sign, on behalf of the City of Livermore, a second amendment to the agreement with West Coast Arborists, Inc., attached hereto as Exhibit A, to increase the total compensation by $323,000 for a total amount not-to- exceed $788,000, and extend the term of the agreement for an additional two-year period.

On motion of Council Member _______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 9, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – West Coast Arborist, Inc. Agreement Amendment 57 SECOND AMENDMENT TO AGREEMENT FOR SERVICES
THIS SECOND AMENDMENT is made and entered into this day of ____ , 2022, by and between the City of Livermore ("City"), a municipal corporation, and West Coast Arborists, Inc. ("Contractor''), a California corporation.

RECITALS
On July 11, 2019, City and Contractor entered into an agreement for Contractor to provide tree and shrub maintenance and removal services to City ("Original Agreement").

Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

On June 3, 2020, City and Contractor executed a First Amendment to the Original Agreement to increase the total possible amount of compensation.

City and Contractor desire to amend the Original Agreement to extend the term of the agreement for the first of two possible two-year extensions commencing on June 1, 2022, and terminating May 31, 2024, update the task rates in Exhibit A-1, and increase the total possible amount of compensation. This is the SECOND amendment to the Original Agreement.

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

1. The Original Agreement is amended as follows:

A. Section 5 (a) of the Original Agreement is amended to read as follows: The total compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum of $788,000 ("not-to-exceed"). City shall compensate Contractor for the Services rendered at the hourly rates or task amounts set forth in "Exhibit A-1" of the Second Amendment up to not-to-exceed amount.

Except as provided in the body of the Agreement, the hourly rates or task amounts are intended to be Contractor's only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, travel expenses, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Contractor, its agents, and employees to provide the Services.

B. Section 6 of the Original Agreement is amended to read as follows: The term of this Agreement commences on July 1, 2019, and terminates upon the completion of the Services or May 31, 2024, whichever occurs first. The Agreement may be extended for one additional two-year terms by mutual written agreement of the parties, provided the not-to-exceed amount and hourly rates or task amounts in Exhibit A-1 for compensation for each Amendment - General Services
Rev. 01.2022

Page 1 ends

2022-097 JKSfTMM

EXHIBIT A
58 additional two-year term are not increased by more than the percentage increase in the Consumer Price Index for all Urban Consumers {"CPI-U") in the San Francisco-Oakland-Hayward, California area from the prior calendar year's CPI rate.

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

Amendment - General Services
Rev. 01.2022
Page2
2022-097 JKS/TMM

EXHIBIT A
59 In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement effective on the date first written above.

CONT
By: Patrick Mahoney
Title: President
CITY OF LIVERMORE:

Marc Roberts
City Manager
APPROVED AS TO FORM:

Assistant/City Attorney
APPROVED AS TO INSURANCE:

Risk Manager/Analyst
Attachments:

Exhibit A -1 - Scope of Services
Amendment - General Services
Rev. 01.2022
Dated:
04/06/22
Dated:

Page 3 ends

2022-097 JKS/TMM

EXHIBIT A
60 Exhibit A-1
Scope of Work
Contractor shall provide all necessary labor, equipment, materials, and supplies to perform the following work in a safe and professional manner on an as-needed basis:

TYPES OF WORK

1. Tree Removal
a. Contractor shall remove tree and stump to a minimum of 4" below grade; b. Work shall include the disposal of any plant material generated by the tree removal.

2. Safety Pruning
a. Contractor shall prune the tree in accordance with International Society of Arboriculture standards;
b. All safety pruning shall include, at a minimum:
i. Appropriate crown reduction;
ii. Removal of any immediate hazards;
iii. Removal of any dead limbs;
iv. Removal of any limbs lower than 8 feet above the grade of sidewalk;
v. Removal of any limbs lower than 10 feet above the grade of a street.

3. Fruit Elimination Spray ("Fruit Stop")
a. Contractor shall supply and apply fruit elimination spray in accordance with manufacturer recommendations and any applicable laws and regulations;
b. Work shall be completed only by individuals possessing a valid Qualified Applicator Certificate issued by the California Department of Pesticide Regulation.

4. Stump Grinding
a. Contractor shall remove existing tree stumps to a minimum of 4" below grade.

5. Shrub Pruning
a. Contractor shall prune the shrub in accordance with International Society of Arboriculture standards. Plants should not be sheared into formal shapes either "squared", "gumdrop" or "gumball" shapes. Shearing shall only be done to maintain a neat, uniform appearance and to keep shrubs growing within intended spaces.

6. Certified Arborist Consultation
a. Contractor shall provide a certified arborist for consultation when requested by City.

7. Traffic Control
a. Contractor shall provide appropriate traffic control for work which encroaches on public roadways or driveways. This traffic control shall be compensated at a flat rate per location, which covers any trees that can be 2022-097 JKS/TMM

EXHIBIT A
61 pruned or removed with one set-up and removal of traffic control measures.

8. Emergency Work
a. Emergency work is defined as work required to be completed between the hours of 5:00pm and 7:00am Monday - Friday or all day Saturday or all day Sunday. Contractor shall respond to emergency work within two hours of notification. Work shall then be completed in an expeditious manner.

CONDITIONS OF WORK

9. Contractor shall maintain a valid City of Livermore Business License for the duration of the agreement.

10. Contractor shall maintain a valid California Contractor's License for the duration of the agreement.

11. Non-Emergency work shall be scheduled at a mutually agreed upon time by the City and Contractor. In no case shall the completion of work be more than 14 calendar days from the date of notification by City.

12. Work may take place at any location within the City of Livermore.

13. Contractor shall be available for emergency response 24 hours per day/7 days per week.

COMPENSATION

14. Contractor shall be paid a flat rate per tree as follows:

Tree Size Removal Pruning Fruit Stop Stump Grind
(DBH)* Only
Up to and $208.50 $61.50 $52 $158
includinQ 6"
Over 6" to 8" $208.50 $61.50 $52 $158
Over 8" to 12" $625 $103 $52 $317
Over 12" to 16" $625 $103 $52 $317
Over 16" to 20" $1042 $176 $52 $475
Over 20" to 24" $1042 $176 $52 $475
Over 24" to 30" $1875.50 $280 $156 $594
Over 30" to 34" $1875.50 $280 $156 $594
Over 34" to 38" $2500 $374 $156 $832
Over 38" to 42" $2500 $374 $156 $832
Shrubs Pruning - per cubic foot removed
$2.60
*Diameter at Breast Height is defined as diameter of the trunk at 4 feet above grade.

For Stump Grinding Only, this measurement shall apply to the top of the stump. 2022-097 JKS/TMM

EXHIBIT A
62 15. Additional services shall be compensated as follows:
a. Traffic Control Per Location: $ 365
b. Emergency Work Premium: 100 %
c. Certified Arborist Consultation $ 156 per hour. A 1-hour minimum charge shall apply to Certified Arborist Consultation work.

16. Emergency work shall be paid as a premium percentage added to the flat rates for the various items of work. Premium percentage for emergency work shall apply to both the base work rate and the base traffic control rate, should traffic control be necessary.
2022-097 JKS/TMM

EXHIBIT A
63 CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

May
9, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution to approve the commitment of up to $2,234,749 of the City of Livermore’s Base City Allocation of Alameda County Measure A1 Countywide Housing Bond to finance the development of the Pacific Avenue Senior Housing project.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:

1 .

SUMMARY
On September 13, 2021, the Livermore City Council approved the execution of a Disposition, Development and Loan Agreement (DDLA) with Satellite Affordable Housing Associates (SAHA) and Interfaith Housing (IFH), initiating the development of an affordable senior housing project on a 3.6-acre site on Pacific Avenue. Pacific Avenue Senior Apartments will provide 140 homes to senior households earning less than 60% of the Area Median Income (AMI) for Alameda County for seniors residing in Livermore, veterans, and seniors experiencing homelessness. SAHA proposes to fund development of the affordable housing project through a variety of sources, including Alameda County Measure A1 Housing Bond Rental Housing Development Funds (“Measure A1 Funds”). On January 21, 2020, the Alameda County Board of Supervisors awarded to the Pacific Avenue Senior Apartments project $3,999,263 of Measure A1 Funds for the East County Region.

In addition to the regional pool of Measure A1 Funds, each city in Alameda County also received a reservation of this funding, which is referred to as the “Base City Allocation”. The City fully committed its base allocation through Council resolution to the Chestnut Family and Avance affordable housing 64 projects developed by MidPen Housing Corporation. However, a subsequent reduction of funding requests resulted in $2,234,749 remaining available for projects in Livermore. Staff recommends Council appropriate the remaining Base City Allocation funds to the Pacific Avenue Senior Apartments project, which would provide more financing options to meet the development schedule.

DISCUSSION
On September 13, 2021, the Livermore City Council approved the execution of a Disposition, Development and Loan Agreement (DDLA) with Satellite Affordable Housing Associates (SAHA) and Interfaith Housing (IFH), initiating the development of an affordable senior housing project ("Pacific Avenue Senior Apartments") on a 3.6-acre site on Pacific Avenue. The DDLA memorialized the role of SAHA as the lead developer of the project, established expectations for the development of the site, outlined financial considerations needed from the City to support development of the project, and established site control necessary for financing commitments. On November 16, 2021, the Livermore Planning Commission approved entitlements to develop the two-phased, 100% affordable senior project with 140 housing units. Based on the current project schedule, SAHA hopes to begin construction on Phase 1 in 2023 and will commence construction on the second phase of the project after Phase 1 is completed.

SAHA and IFH will develop the Pacific Avenue housing site with a village-like concept consisting of two four-story buildings that are cohesively integrated with Arbor Vista and Vineyard Village, which are neighboring senior properties owned by IFH. SAHA and IFH worked with the City and community stakeholders to develop a concept plan and design that maximizes the development goals for the site, achieves efficiencies with the neighboring senior properties, and fits well within the context of the surrounding site. Pacific Avenue Senior Apartments will be affordable to senior households earning less than 60% of the Area Median Income (AMI) for Alameda County. In 2021, the maximum annual income for a one-person household earning 60% of the AMI was less than $60,000. The city is also requiring the project to include preferences for seniors residing in Livermore, veterans, and seniors experiencing homelessness.

SAHA proposes to fund development of the affordable housing project through a variety of sources including a City loan, Alameda County Measure A1 Housing Bond Rental Housing Development Funds (“Measure A1 Funds”), an Affordable Housing Program Loan from a Federal Home Loan Bank member institution, Project Based Section 8 Housing Choice Vouchers from the Livermore Housing Authority, and funding from the State of California Housing and Community Development Department. SAHA’s financing plan for the project also includes securing a tax credit award from the State’s Tax Credit Allocation Committee (TCAC). Livermore Housing Authority has already awarded the project with five Project Based Section 8 Vouchers.

On January 21, 2020, the Alameda County Board of Supervisors awarded to the Pacific Avenue Senior Apartments project $3,999,263 of Measure A1 Housing Bond Funds for the East County Region.

Housing projects funded through Measure A1 Funds are expected to serve very low-income households with incomes between 30% and 60% of the Alameda County Area Median Income (AMI), with a minimum of 20% of the units developed serving households at or below 20% of AMI and a maximum of 5% of the funds spent on households at or below 80% of AMI. Rental developments funded through Measure A1 Funds must remain affordable for at least 55 years and must have a financial contribution from the city in which the project is located. The project’s preliminary financial plan includes a City funding commitment of up to $7,157,000 for both phases of the development, which will be partially 65 funded with Local Housing Trust Funds awarded from the State of California and includes a $657,000 predevelopment loan authorized through the DDLA.

In addition to the regional pool of Measure A1 Funds, each city in Alameda County also received a reservation of this funding, which is referred as the “Base City Allocation”. The City fully committed its base allocation through Council resolution to the Chestnut Family and Avance affordable housing projects developed by MidPen Housing Corporation. However, a subsequent reduction of funding requests resulted in $2,234,749 remaining available for projects in Livermore. Staff recommends Council appropriate the remaining Base City Allocation funds to the Pacific Avenue Senior Apartments project, which would provide more financing options to meet the development schedule outlined in the DDLA.

Upon approval by the City and the County, Base City Allocation funds are issued directly from the County to the projects and there are no contractual, fiscal, or administrative requirements for the City other than authorizing and coordinating application submittals with the project developers.

FISCAL AND ADMINISTRATIVE IMPACTS
There is no fiscal impact to the City resulting from this action. The $2,234,749 requested would come from the additional City Base Allocation from Alameda County Measure A1 Housing Bond Rental Housing Development Funds for rental projects supported by Livermore. Projects will receive the funds directly from the County, and no administration or oversight by the City will be required for the Base Allocation.

ATTACHMENTS

1. Resolution

Prepared by: Grace Streltzov
Management Analyst II

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION TO APPROVE THE COMMITMENT OF UP TO
$2,234,749 OF THE CITY OF LIVERMORE’S BASE CITY ALLOCATION OF ALAMEDA COUNTY MEASURE A1 COUNTYWIDE HOUSING

BOND TO FINANCE THE DEVELOPMENT OF THE PACIFIC AVENUE

SENIOR HOUSING PROJECT
In April 2018, through a Request for Proposals process, the City of Livermore (“City”) selected Satellite Affordable Housing Associates (SAHA), in partnership with Interfaith Housing, Inc (IFH), to develop a 3.6-acre site located off of Pacific Avenue as an affordable senior housing project that includes a preference for veterans.

In September 2021, the City Council approved a Disposition, Development and Loan Agreement (DDLA) with SAHA and IFH initiating the development of a 140-unit senior housing project called “Pacific Avenue Senior Apartments” over two phases of development as well as committing land and $7,157,000 from the City’s Housing Trust Fund to support development of the project.

In November 2016, Alameda County voters passed a $580 million Alameda County Measure A1 Housing Fund Bond to target affordable housing needs of low- to moderate-income county residents.

Each city in Alameda County received a reservation of funds from the Alameda County Measure A1 Housing Bond for development of affordable rental housing (“Base City Allocation”). Upon approval by the City and the County, Base City Allocation funds are issued directly from the County to the projects and there is no contractual, fiscal, or administrative requirement for the City besides authorizing and coordinating application submittals with the project developers.

On January 22, 2018, the City Council adopted Resolution Number 2018-006, which approved the commitment of $6,706,495 of Alameda County Measure A1 Housing Bond Livermore Base City Allocation funds to MidPen Housing Corporation for the development of the Chestnut Square Family Apartments project. A subsequent reduction of funding requests from Midpen Housing Corporation resulted in an unspent balance of $2,234,749 remaining available for additional projects in Livermore.

SAHA has requested an additional loan commitment of $2,234,749 in funding from the City’s Base City Allocation for development of the Pacific Avenue Senior Apartments which will serve low-income households with incomes between 20% and 60% of the Alameda County Area Median Income.
67 RESOLUTION NO. ________
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that:

1. A commitment of up to $2,234,749 of Alameda County Measure A1 Housing Bond Livermore Base City Allocation funds to Satellite Affordable Housing Associates for the Pacific Avenue Senior Apartments project is approved; and

2. The City Manager, or his designee, is authorized to take such actions and execute all documents necessary to facilitate the Alameda County Measure A1 Housing Bond Base City Allocation commitment of funds for the Pacific Avenue Senior Apartments.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 9, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Kelly Trujillo
Marie Weber Kelly Trujillo
City Clerk City Attorney
68 CITY COUNCIL STAFF REPORT
ITEM NO. 5.6

DATE:

May
9, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution finding that the Altamont Landfill Open Space Committee's recommendation to expend up to $160,103 for a Phase II Study to identify wildlife connectivity along I- 580/Altamont corridor is consistent with the Altamont Landfill Settlement Agreement, authorizing execution of an agreement with Altamont County Resource Conservation District (ACRCD) to conduct the Phase II study in an amount not-to-exceed $160,103 and accepting
the Committee's approved list of priority areas.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution to:

1 .

Find the Altamont Landfill Open Space Committee’s recommendation to expend up to $160,103 of Altamont Open Space Funds to the Alameda County Resource Conservation District (ACRCD) and University of California, Davis to conduct a Phase II study to identify and evaluate wildlife connectivity along the I-580/Altamont corridor
is consistent with the Altamont Landfill Settlement
Agreement
.
2 .

Authorize the City Manager, or designee, to execute an agreement with ACRCD to conduct the Phase II study in an amount not-to-exceed $160,103.
3 .

SUMMARY
The Altamont Landfill Open Space Committee (Committee) recommends funding appropriations for the acquisition of natural and scenic open space in Eastern and Western Alameda County. The City of Livermore serves as a voting member on the Committee, along with the City of Pleasanton, Alameda County, and the Sierra Club.

On November 15, 2019, the Committee voted to expend $62,000 of Open Space funds to researchers at 69 the University of California, Davis and Alameda County Resource Conservation District (ACRCD) to conduct a wildlife connectivity study along the I-580/Altamont corridor to further guide decision making for future open space acquisitions.

The City Council approved that expenditure on February 24, 2020. ACRCD and U.C. Davis are now requesting an additional $160,103 to conduct the Phase II study to provide the Committee more in-depth wildlife information. The Committee recommended at its September 17, 2021 meeting that the City Council find this expenditure consistent with the objectives of the Committee and the Settlement Agreement.

The professional services agreement with ACRCD to conduct the study is being considered by the City Council for approval because the City of Livermore will administer the contract (Exhibit A to the Resolution).

The Committee also recommends the City Council accept the Eastern Alameda County Priority List for open space conservation. This list was reviewed and adopted by the Committee for the first time in 2016.

This same list was subsequently reviewed and confirmed by Committee member agencies, including the Livermore City Council in 2018 (see the Priority List and map in Exhibit B to the Resolution). The Committee will refine the Priority List using the U.C. Berkeley mapping tool and ACRCD/U.C. Davis Phase I and II study results among other resources. This refinement process will allow the Committee to have more specific geographic based information when reviewing future funding applications.

Alameda County found the Eastern Alameda County Priority List to be consistent with the Settlement Agreement in March of this year. The Western Alameda County Priority List was also found to be consistent recently by Alameda County and the City of Pleasanton.

DISCUSSION
Background

In 1999, the lawsuit parties (Alameda County, Cities of Livermore and Pleasanton, Sierra Club, Northern California Recycling Association, Altamont Landowners Against Rural Mismanagement, and Waste Management of Alameda County) entered into a Settlement Agreement relating to the proposed expansion of the Altamont Landfill. Results of the Settlement Agreement include substantial reductions in the landfill expansion and waste imports and a requirement for the operator to collect a $0.75 per ton fee for open space acquisition.

Funding allocations are recommended by the voting members of the Committee. The City of Livermore, Alameda County, and the Sierra Club represent the voting members for the eastern acquisition priority area that receives 80 percent of the open space account money. The City of Pleasanton, Alameda County, and the Sierra Club represent the voting members for the western acquisition priority area.

On May 4, 2006, the Alameda County Board of Supervisors upheld the County Planning Commission’s approval amending the Conditional Use Permit for the Vasco Road Landfill to continue landfill and recycling activities. Consistent with the language in the Altamont Settlement Agreement, the approval requires the Vasco Road Landfill operator (Republic Services, Inc.) to collect the same per-ton fees for open space, recycling/diversion education, and host community impact, as the Altamont Landfill operator (Waste Management of Alameda County, Inc.). Vasco Road Landfill Conditions of Approval require the 70 collection and expenditures from the fee accounts to be identical to the Altamont Landfill Settlement Agreement.

Based on consistency with General Plan policy, staff recommends the Council find the Committee’s proposed expenditure of $160,103 to fund the Phase II study for wildlife connectivity along the I- 580/Altamont corridor to be consistent with the Settlement Agreement, authorize the City Manager to execute a professional services agreement with ACRCD and U.C. Davis to conduct the Study, and accept the Committee’s recommended Eastern Alameda County Priority List.

To date, the City Council has confirmed the Open Space Committee’s recommendations to distribute funds for ten acquisitions in the Eastern Alameda County Priority area.

Discussion

The Altamont Landfill Open Space Committee holds regular meetings under the terms of the Settlement Agreement. Councilmember Carling is Livermore’s Open Space Committee representative.

The Committee recommended at its September 17, 2021 meeting to expend $160,103 of Altamont Open Space Funds to the Alameda County Resource Conservation District and U.C. Davis for services related to a Phase II Study to identify and evaluate wildlife connectivity along the I-580 corridor as part of strategic planning to guide decision making for future open space acquisitions.

The Phase II Study professional services agreement with ACRCD is Exhibit A to the Resolution. Since the Committee does not have contract authority, the City of Livermore will administer the agreement.

Section 7.4.7 of the Settlement Agreement requires the City Council to concur with the Committee’s actions and authorization of funding.

The Altamont Settlement Agreement allows the Committee to use 5% of annual revenues for consulting purposes. Five percent of the 2020 annual revenues that the Altamont Open Space Fund received is approximately $89,000. The requested $160,103 expenditure is within the five percent of funds received annually, assuming the contract costs are spread over the next two years, which allows approximately $178,000 to be used for consultant costs.

The Settlement Agreement requires the Committee to establish a priority list of future acquisition areas in Eastern Alameda County based upon the criteria in the Settlement Agreement. The first priority applies to properties with significant value for preservation of native biological diversity and/or wildlife, and the second priority applies to properties having significant value for visual character and/or non-motorized recreation.

Additional criteria developed and utilized by the Committee includes strategic value in land protection, additional funding sources, and willing sellers. Consistent with these additional criteria, previous acquisitions have provided biological/recreational linkage between open space properties and/or stabilized open space land use beyond the Urban Growth Boundary, partnered with other organizations for funding and involved willing sellers.

The Committee recommended at its January 21, 2022, meeting that the City Council once again find the the Eastern Alameda County Priority List (Exhibit B to Resolution) to be consistent with the Settlement Agreement before the Committee embarks to analyze and refine this list based on the new mapping tool 71 and I-580 Altamont wildlife connectivity study. The city found this same Priority List consistent in 2018, and Alameda County recently found the List consistent in March. This refinement process will allow the Committee to have more specific geographic based information to develop potential property lists and when reviewing future funding applications. Exhibit B also shows the Western Alameda County Priority Areas, but Livermore does not vote to confirm that list; only the City of Pleasanton, Alameda County and Sierra Club vote to confirm the Western Priority Areas list.

Hiring a consultant to conduct the wildlife corridor study and confirming the Priority List as part of the strategic open space planning effort is consistent with and implements numerous General Plan open space and conservation policies as listed in Attachment 3. Based on consistency with General Plan policy, staff recommends the City Council find the Committee’s proposed expenditure of $160,103 to fund the Phase II study for wildlife connectivity along the I-580/Altamont corridor to be consistent with the Settlement Agreement, authorize the City Manager to execute a professional services agreement with ACRCD to conduct the study, and accept the Committee’s recommended Eastern Alameda County Priority List. Attachment 2 is a letter from ACRCD and U.C. Davis thanking the Committee for its support and explaining the importance of the study.

FISCAL AND ADMINISTRATIVE IMPACTS

If the Council accepts the Committee’s recommendation, the balance in the Altamont Landfill Settlement Open Space Fund would be reduced by $160,103 to pay for consultant services. However, approximately $18 million would remain in the account held by Alameda County for Eastern Alameda County. Funding this project would have no impact on the City’s General Fund other than the allocation of staff time to administer the contract and review work products.

ATTACHMENTS

1. Approved Open Space Committee Acquisitions

2. Alameda County Resource Conservation District Support Letter

3. Applicable General Plan Policies

4. Resolution

5. Exhibit A - Agreement with ACRCD for Phase II study

6. Exhibit B - List of Proposed Priority Areas

Prepared by: Steve Riley
Principal Planner

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
72 Cit
y Council has approved the Open Space Committee’s recommendations to distribute funds for ten acquisitions in the eastern acquisition priority area as shown below CC Date
Grant
Amount Acres Acquisition Entity Location
2-25-2008 $200,000 80 East Bay Regional
Park District
Adjacent to Del Valle
Regional Park (Newbury
Property).
7-13-2009 $1,040,465 107 City of Livermore Doolan Road adjacent to UGB and City Boundary
9-27-2010 $300,000 74 Tri-Valley
Conservancy
Bobba Property off Arroyo
Road near the Veterans’
Hospital
10-25-2010 $2,000,000 633 East Bay Regional
Park District Doolan Ranch
6-27-2011 $1,000,000 65 East Bay Regional
Park District Farber Property
10-28-2013 $420,000 81 City of Livermore Doolan Road north of City- owned properties
12-09-2013 $500,000 79 East Bay Regional
Park District
Eddie’s Flat between Vasco
and Laughlin Road
10-23-2017 $132,200 2 East Bay Regional
Park District
Gosselin Staging Area and
Trail Easement into Doolan
Canyon Preserve
12-10-2018 $1,000,000 137 City of Livermore
Doolan Road adjacent to
Dublin and in proximity to
Doolan Ranch
1-29-2019 500,000 0 Tri Valley
Conservancy
Shadow Cliffs to Del Valle
Trail Bridge
Total $7,092,665 1,258
ATTACHMENT 1
73 Novembe
r 11, 2021
Altamon
t Landfill Open Space Committee (ALOSC)
Attn: Elizabeth McElligott
Community Development Agency
224 West Winton Avenue
Hayward, CA 94544

Dear A
LOSC Committee Members,
On behal
f of the Alameda County Resource Conservation District and the University of California, Davis Road Ecology Center, we would like to thank you again for supporting our 2021-2022 research funding request. The Committee’s recognition of how wildlife presence and activity research can significantly inform decisions on potential properties to acquire for preservation or conservation easements is greatly appreciated.

The AL
OSC funding dedicated to wildlife related research will enhance the knowledge base of many future conservation and biodiversity related endeavors in Alameda County in the years to come.

We look f
orward to working with the ALOSC Committee and keeping you regularly informed about our research findings.

Respect
fully,
Kathe
rine Boxer Fraser Shilling, PhD.

Chief Executive Officer Director
Alameda County RCD UC Davis, Road Ecology Center

ALAMEDA COUNTY RESOURCE CONSERVATION DISTRICT
3585 GREENVILLE ROAD, SUITE 2
LIVERMORE, CA 94550
PHONE: 925-371-0154
FAX: 925-960-1550
www.arcrd.org
Board of Directors
President
Karen Sweet
Vice President
Marilyn Russell
Treasurer
Niki Wente
Mark Connolly
Michael Fredrich
Carol Garberson
Bill Hoppes
Chief Executive Officer
Katherine Boxer
Chief Financial Officer
Maril yn Harvey
ATTACHMENT 2
74 H
iring a consultant to conduct the wildlife corridor study and confirming the Priority List as part of the strategic open space planning effort is consistent with and implements numerous General Plan open space and conservation policies as listed below.

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

Ob
jective OSC-1.1 Maintain biodiversity within the Planning Area with special emphasis on species that are sensitive, rare, declining, unique, or represent valuable biological resources.

P1
. Priority shall be given to land acquisition efforts that would result in the creation and expansion of linkages between existing protected natural resource areas.

P2
. The City shall support efforts to preserve and maintain Corral Hollow, important as the most northerly range of desert plants and animals, as open space.

P3
. The City shall support efforts to preserve and maintain Cedar Mountain, important for its restricted stand of Sargent Cypress, var., Duttoni, as open space.

P5
. The City shall support efforts to preserve and protect the Brushy Peak Regional Preserve consistent with the goals of East Bay Regional Park District’s Master Plan for the Preserve P6
. The City shall preserve and maintain Frick Lake and the Springtown Alkali Sink area as important wildlife and plant habitats through preservation of open space in and around these areas.

O
SC-1.2 P1. Habitats of rare or endangered species shall be preserved.

O
SC-1.4 P2. The City shall encourage and cooperate with the County of Alameda to undertake a study to: (1) map the precise distribution of the rare and endangered species as to their number and sites; and (2) determine the sensitivity of these species to development, so that effective management programs can be developed.

O
SC-1.4 P.3. The City shall encourage and cooperate with the County, EBRPD, LARPD, and other agencies and organizations to establish a program to preserve representative examples of natural and near-natural landscape communities, such as the Springtown Alkali Sink, Brushy Peak, Corral Hollow, Cedar Mountain and Sycamore Grove.

O
SC-1.4 A3. The City shall develop a list of priorities and implementation plan regarding acquisition and/or preservation of open space areas to assist with the use of open space and other preservation fees or funds received by the City.

ATTACHMENT 3
75 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION FINDING THE ALTAMONT LANDFILL OPEN SPACE
COMMITTEE’S RECOMMENDATION TO EXPEND UP TO $160,103 FOR A

PHASE II STUDY IS CONSISTENT WITH THE ALTAMONT LANDFILL

SETTLEMENT AGREEMENT, AUTHORIZING EXECUTION OF A

PROFESSIONAL SERVICES AGREEMENT WITH ACRCD IN AN
AMOUNT NOT-TO-EXCEED $160,103, AND ACCEPTING THE
COMMITTEE’S RECOMMENDATION TO CONFIRM THE EASTERN

ALAMEDA COUNTY OPEN SPACE PRIORITY LIST
The City of Livermore’s General Plan includes goals for long-term preservation of open space, including low-intensity agriculture, habitat protection, watershed management, and recreational uses.

In 1996, Alameda County certified an Environmental Impact Report and approved a conditional use permit for expansion of the Altamont Landfill by Waste Management of Alameda County, Inc., resulting in litigation. In 1999, the parties entered into a Settlement Agreement that required the collection of a fee for open space acquisitions in fee or permanent easements, and the creation of the Altamont Landfill Settlement Agreement Open Space Committee (“Committee”).

During the Committee meeting held on September 17, 2021, a m a jo rit y o f the voting members from both the east and west acquisition priority area voted in favor of expending up to $160,103 to hire the Alameda County Resource Conservation District and University of California, Davis Researchers for a Phase II study to identify and evaluate wildlife connectivity along the I-580/Altamont corridor.

The Settlement Agreement requires the Committee to establish a priority list of acquisition areas in Eastern Alameda County based upon the criteria in the Settlement Agreement, including properties with significant value for preservation of native biological diversity and/or wildlife, and properties having significant value for visual character and/or non-motorized recreation. The Committee has developed and utilized additional criteria, including strategic value in land protection, additional funding sources, and willing sellers.

The Settlement Agreement allows, by approval of a majority of the members of the Open Space Committee and concurrence by Alameda County and the Cities of Livermore and Pleasanton, up to five percent (5%) of the funds received in the Altamont Landfill Open Space Account in any given year to be expended for the services of independent consultants to aid the Committee in carrying out its duties to identify open space areas in need of protection and to make plans for their acquisitions, and up to two percent (2%) of the funds received in the Open Space Account in any given year to be expended for costs incurred in the financial management of the account.

During the Committee meeting held on January 21, 2022, the voting members from both the east and west acquisition priority area recommended the City Council 76 RESOLUTION NO. ________
accept the previously approved Eastern Alameda County Priority List (attached to this resolution as Exhibit B).

The Committee is recommending the City Council determine that the proposed expenditure is consistent with Altamont Landfill Settlement Agreement and accept the Eastern Alameda County Priority List.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore finds that the Open Space Committee’s proposed expenditure of $160,103 of Altamont Open Space Funds for a Phase II Study to identify and evaluate wildlife connectivity along the I-580/Altamont corridor is consistent with the Altamont Landfill Settlement Agreement, and authorizes the City Manager, or designee, to execute an agreement with ACRCD to conduct the Phase II study in an amount not-to-exceed $160,103, attached hereto as Exhibit A.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that it accepts the Eastern Alameda County Priority List to guide funding of future open space acquisition applications, attached hereto as Exhibit B.

On motion of Council Member ____________________, seconded by Council Member ____________________, the foregoing resolution was passed and adopted on May 9, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ ________
Marie Weber Kimberly D. Cilley
City Clerk Sr. Asst. City Attorney
Exhibit A – Agreement with ACRCD for Phase II study
Exhibit B – Alameda County Open Space Priority List
77 PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this_ day of _____ , 2022, by and
between the City of Livermore ("City"), a municipal corporation, and Alameda County Resource Conservation District (ACRCD), ("Consultant"), an independent special district.

RECITALS
City requires professional services to perform wildlife research to fulfill the Altamont Landfill Open Space Committee (ALOSC) research grant requirements.

Consultant warrants 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 warranties to retain 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 in Section 3 below subject to the terms and conditions in this Agreement.

2. Relationship of Parties - Independent Contractors. The relationship of the parties shall be that of independent contractors. Consultant and its employees are not City officers or employees. Consultant is responsible for the supervision and management of its employees, including any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the delivery of the services contemplated by this Agreement.

3. Description of Services. Consultant shall provide the following professional services as more particularly set forth in Exhibit "A" (collectively "the Services"):

On behalf of the ALOSC the Alameda County Resource Conservation District will conduct scientific research and findings related to the camera trap network that will be expanded to include additional sites (four new proposed) and to improve coverage within the current study area initiated during Phase I (total of forty cameras proposed). There are three types of sites identified from which to select four new locations, these sites include: 1) additional private and public land parcels distributed through the Altamont Pass, 2) sites of varying conservation priority as determined by UCB's web tool, and 3) one site near Eden Canyon Rd, at the western end of ALOSC's areas of interest.

4. Consultant's Responsibilities. Consultant shall:
(a) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;
Professional Services Agreement
Rev. 09.2021

Page 1 ends

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98 EXHIBIT B
99 General Priority Areas - September 16, 2016

EASTERN PRIORITY LIST
▪ Doolan Canyon Area
▪ Springtown Alkali Sink
▪ Tesla / Corral Hollow
▪ Cedar Mountain
▪ Brushy Peak
▪ Altamont Pass wildlife corridor

WESTERN PRIORITY LIST
▪ Arroyo Mocho
▪ Pleasanton Ridge
▪ Dublin Hills

EXHIBIT B
100

LIVERMORE

PLEASANTON
DUBLIN
SAN
RAMON

FREMONT
Doolan
Canyon
Brushy Peak
Corral Hollow
Cedar
Mountain
Pleasanton
Ridge
Dublin
Hills
Altamont
Wildlife CorridorAlkali
Sink

EXHIBIT B
101

CITY COUNCIL STAFF REPORT
ITEM NO. 5.7

DATE:

May
9, 2022
TO:

Honorable Mayor and City Council
FROM:

Brandon Cardwell, Innovation and Economic Development Director SUBJECT:

Resolution authorizing the execution of Project and Program Grant Agreements consistent with the city's Public Art Policy.

RECOMMENDED ACTION

The Commission for the Arts and staff recommend the City Council adopt a resolution approving the applications and authorizing the execution of the following Project and Program Grant Agreements:

1 .

Cheza Nami Foundation, Inc.- $10,000 for the 10th annual Taste of Africa Festival
2 .

Las Positas College Foundation- $4,000 for the
2022 Las Positas College Literary Festival ("LPC
Lit Fest")
3 .

Livermore Art Association- $4,000 for the
2022 Livermore Art Association Spring Art Show
4 .

Livermore Valley Joint Unified School District- $6,650 for an original cast album recording of the
theater production titled "[INSERT future HERE]"
5 .

Livermore Valley Opera- $8,000 for the
Education and Community Outreach Programs
6 .

Livermore Valley Performing Arts Center- $1,250 for performances at Artwalk 2022

SUMMARY
The Commission for the Arts administers the Project and Program Grant Program, reviews funding applications twice per year in March and September and provides funding recommendations to the City Council for final approval.

In March 2022, a total of nine (9) applications were received for Project and Program Grant funds. The Commission for the Arts and staff recommend that the Council adopt a resolution approving the execution of a Project and Program Grant Agreement with each of the following: Cheza Nami Foundation, Inc; Las Positas College Foundation; Livermore Art Association; Livermore Valley Joint Unified School District; Livermore Valley Opera; and Livermore Valley Performing Arts Center.

DISCUSSION
In 2004, the City Council created the Public Art Fund for the purpose of funding public art and cultural 102
programming, consistent with the city's public art policy. In 2008, the Council created the Project and Program Grant Program for the cultural enrichment of the city. The Council also considered the program as an eligible public art and cultural program that is to be funded by the Public Art Fund.

The Commission for the Arts administers the Project and Program Grant Program, reviews funding applications twice per year in March and September and provides funding recommendations to the City Council for final approval. Opportunities for funding were posted on the city website and social media.

On March 1, 2022, staff received a total of nine (9) applications which were reviewed by an ad hoc committee of the Commission for the Arts. The committee reviewed the applications and presented its funding recommendations to the Commission for the Arts at its regular meeting on March 22, 2022. The Commission for the Arts selected six (6) applications for funding. The six (6) recommended projects are consistent with the Cultural Arts Master Plan, meet the evaluation criteria, and include expenses that are eligible for funding. The remaining three did not meet all the evaluation criteria and did not sufficiently identify expenses eligible for funding under the grant program. In two cases, the Commission for the Arts elected to fund an amount lower than the amount requested due to ineligibility or inappropriateness of individual expenditures included in the application.

The Commission for the Arts is recommending the following six (6) applications for funding:

Agency
Project
Funds Requested
Grant Recommendation
Cheza Nami Foundation,
Inc.
10th Annual Taste of
Africa Festival
$10,000
$10,000
Las Positas College
Foundation
2022 Las Positas College
Literary Arts Festival
("LPC Lit Fest")
$8,000

$4,000

Livermore Art Association
2022 Livermore Art
Association Spring Art
Show
$4,000
$4,000
Livermore Valley Joint
Unified School District
An original cast album
recording of [INSERT
future HERE]
$6,650
$6,650
Livermore Valley Opera
Education & Community
Outreach Programs
$8,000
$8,000
Livermore Valley
Performing Arts Center
Performances at ArtWalk
2022
$2,500
$1,250

The Commission for the Arts and staff recommend the City Council adopt a resolution to approve the applications and authorize the execution of Project and Program Agreements with each of the selected applicants. The total grant funding for all applications is $33,900.

FISCAL AND ADMINISTRATIVE IMPACTS

Project and Program Grants are funded with Public Art Fee funds (F608). Funds have been identified in the FY 2021-22 and FY 2022-23 Financial Plan. No further appropriation is needed at this time.

ATTACHMENTS

1. Resolution
103

2. Exhibit A - Cheza Nami Foundation Inc.

3. Exhibit B - Las Positas College Foundation Agreement

4. Exhibit C - Livermore Art Association Agreement

5. Exhibit D - Livermore Valley Joint Unified School District Agreement

6. Exhibit E - Livermore Valley Opera Agreement

7. Exhibit F - Livermore Valley Performing Arts Center Agreement

Prepared by: Theresa De La Vega
Management Analyst

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF PROJECT AND
PROGRAM GRANT AGREEMENTS WITH:

CHEZA NAMI FOUNDATION, INC., IN THE AMOUNT OF $10,000;
LAS POSITAS COLLEGE FOUNDATION, IN THE AMOUNT OF $4,000; LIVERMORE ART ASSOCIATION, IN THE AMOUNT OF $4,000;

LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT, IN THE
AMOUNT OF $6,650; LIVERMORE VALLEY OPERA, IN THE AMOUNT OF $8,000; AND LIVERMORE VALLEY PERFORMING ARTS CENTER, IN THE AMOUNT OF $1,250.

The City Council created the Public Art Fund for the purpose of funding public art and cultural programming consistent with the public art policy administered by the Commission for the Arts. An eligible use of the Public Art Fund, the Project and Program Grant program was created by the City Council for the purpose of encouraging programs for the cultural enrichment of the citizens of, and visitors to, Livermore.

The Commission for the Arts reviews applications for the Project and Program Grant program twice per year, in March and September. The Commission for the Arts received a total of nine applications in March 2022. Following a review of those nine applications, the Commission for the Arts recommends funding six of the nine Project and Program Grant applications.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, authorizes the City Manager, or his designee, to execute the Project and Program Grant Agreements with the following:

1. Cheza Nami Foundation, Inc., in the amount of $10,000 for the 10 th annual Taste of Africa, attached hereto as Exhibit A;

2. Las Positas College Foundation, in the amount of $4,000 for the 2022 Las Positas Literary Festival “LPC Lit Fest”, attached hereto as Exhibit B;

3. Livermore Art Association, in the amount of $4,000 for the 2022 Livermore Art Association Spring Art Show, attached hereto as Exhibit C;

4. Livermore Valley Joint Unified School District, in the amount of $6,650 for an original cast album recording of [INSERT future HERE], attached hereto as Exhibit D;

5. Livermore Valley Opera, in the amount of $8,000 for the Education and Community Outreach Programs, attached hereto as Exhibit E; and

6. Livermore Valley Performing Arts Center, in the amount of $1,250 for performances at Artwalk 2022, attached hereto as Exhibit F. 105
RESOLUTION NO. ________
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May ______, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Kelly Trujillo _____
Marie Weber Kelly Trujillo
City Clerk City Attorney
Exhibit A - Cheza Nami Foundation, Inc. Agreement
Exhibit B - Las Positas College Foundation Agreement
Exhibit C - Livermore Art Association Agreement
Exhibit D - Livermore Valley Joint Unified School District Agreement Exhibit E - Livermore Valley Opera Agreement
Exhibit F - Livermore Valley Performing Arts Center Agreement 106

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EXHIBIT A
Deadline: Hand delivered or received via US Mail by 5:00 pm on March 1 or September 1 Submission Date: 3/1/2022
Amount of Grant Request: $....,1_,0 ..... Q ..... O ..... O ____ Total Project Budget: $ 20.000 ApplicanUOrganization: Cheza. Nami Foundation
Applicant/Organization's• Address:

ApplicanUOrganlzation's Web site: http://www.chezanami.org Preparer's Name and Title: Catherine Ndungu-Case, CEO
Preparer's Phone:

Preparer's E�mail: [email protected]
Address (for formal notification):

Describe the art form of the project or program for which support is requested (i.e .• Dance, Theater, Visual Arts; Heritage, Infrastructure, Media/Film/New Media, etc.):

Festival � Outdoor
Briefly describe the project or program for which support is requestecf:

Cheza Nami seeks funding to produce the 10th annual Taste of Africa Festival (ToAF) in the heart of Livermore, This free day•long festival is a magical day of celebrating African Art, Dance, music and food at the outdoor space of the Bankhead theater, and as part of the weekend long celebration of Culture in Livermore (Weekend of Cultur�). Last year, the program was funded in part by the City of Livermore, which en�bles the Office of Innovation to Economic Development and Commission to the Arts to have existing measurable indicators of the value and impact of the program.

Number of people intended to reach: Audience: 2000 + Participants: � For the purpose of this application, �audience" means the people who will attend the project or program; "participant" r:neans someone who attends a workshop or class, or else has hands-on involvement In the project or program. If the project or program will have both audiences ahd participants as defined here, please enter both goals.
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CITY COUNCIL STAFF REPORT
ITEM NO. 5.8

DATE:

May
9, 2022
TO:

Honorable Mayor and City Council
FROM:

Brandon Cardwell, Innovation and Economic Development Director SUBJECT:

Approval of "Dream Big" Mural at 150-170 North L Street.

RECOMMENDED ACTION

The Commission for the Arts and staff recommend the City Council approve the "Dream Big" Mural.

SUMMARY
Alan and Mary Burnham Trust, which is the property owner of 150-170 North L Street, has proposed to hire Alliance for the Visual Arts to mural the east-facing wall of their property.

The mural will be privately funded on private property. Because the mural will be visible to the public, the mural requires review by the Commission for the Arts and approval by the City Council in order to proceed. The Commission for the Arts found that the mural was consistent with the required criteria and recommended approval of the mural at their April 26, 2022, meeting.

DISCUSSION
Murals visible from the right-of-way require Commission for the Arts review and City Council Approval.

Alan and Mary Burnham Trust, which is the property owner of 150-170 North L Street, has proposed to hire Alliance for the Visual Arts to mural the east-facing wall of their property. The wall measures 77 feet long and 16 feet high. 150 feet of parking spaces east of the wall will offer a nearly unobstructed view of the wall on which the applicant has proposed to place a large mural depicting portraits of 5 Lawrence Livermore National Laboratories and Sandia National Laboratories scientists and engineers who became NASA astronauts (ATTACHMENT 1).

At its April 26, 2022 meeting, the Commission for the Arts discussed the proposal. The Commission evaluated the proposed mural for consistency with the following criteria from its Policies and Procedures Manual.

The proposed mural:
352
Is specifically designed for its site and is commensurate in scale with its surroundings; Adds to the local identity and profile in the context of the City of Livermore; Is durable (where applicable) and reasonable to maintain in terms of time and expense; Is a permanent fixed asset to the property;
Is designed and constructed by persons experienced in the production of such artwork and recognized by critics and by his or her peers as one who produces works of art; Aesthetically enhances the public space or built environment to which it relates or otherwise interacts with its surrounding environment;
Is suitable by way of form and quality for public viewing and accessibility taking into consideration the possibility of an unsecured public space;
Is free of unsafe conditions or factors;
Is a suitable addition to the public space proposed;
Contributes to a sense of civic pride;
Involves the local community;
Addresses, but is not limited to, aspects of the city’s history and/or culture; and/or Recognizes the broad intent and objectives of the Cultural Arts Master Plan and Livermore Public Art Policy.

The Commission found that the proposed mural would be installed consistent with the above criteria and therefore recommends the City Council approve the proposed mural.

Alan and Mary Burnham Trust and Alliance for the Visual Arts are targeting early summer of this year for completion of the mural.

FISCAL AND ADMINISTRATIVE IMPACTS

The mural is proposed on private property and paid for with private funds. There are no fiscal or administrative impacts associated with this item.

ATTACHMENTS

1. Dream Big Mural Concept

Prepared by: Brandon Cardwell
Innovation and Economic
Development Director

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
353
ATTACHMENT 1
354

CITY COUNCIL STAFF REPORT
ITEM NO. 5.9

DATE:

May
9, 2022
TO:

Honorable Mayor and City Council
FROM:

Brandon Cardwell, Innovation and Economic Development Director SUBJECT:

Resolution approving a Tourism and Special Event Grant application and authorizing execution of an agreement with Shakespeare's Associates, Inc. dba Shakespeare & Performing Arts Regional Company (SPARC) in the amount of $2,000.

RECOMMENDED ACTION

SUMMARY
The purpose of the annual Tourism and Special Event Grant Program is to provide financial assistance to organizations that promote Livermore as a destination and generate tourism that benefits the local and regional economy, including local merchants and the local wine industry. The application period for the 2021-2022 Tourism and Special Event Grant Program is on a rolling basis.

On September 17, 2021, the Council adopted Resolution No 2021-156 authorizing $10,000 for the Tourism and Special Event Grant Program for FY 2021-22. Four awardees were approved to receive grant funding in an amount not to exceed $2,000 for each grant. The remaining $2,000 in funding is now recommended for the applicant, Shakespeare's Associates, Inc. dba Shakespeare & Performing Arts Regional Company (SPARC) for their event, Shakespeare in the Vineyards.

DISCUSSION
The annual Tourism and Special Event Grant Program is allocated $10,000 of General Fund dollars as listed in the approved budget. In accordance with Council adopted program guidelines, as modified throughout the years, the City requested proposals from organizations that directly benefit downtown businesses, local wineries, or promote Livermore as a destination. The purpose of the program is to provide financial support for events that:
add to Livermore's unique art, history, diversity, or character; appeal to broad audiences throughout the region;
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produce and economic benefit to the City by marketing Livermore as a destination, and/or; provide interest and opportunity for the community to gather as we emerge from the COVID-19 pandemic.

Qualifying events must meet one or more of the above program goals. Funds are to be paid out to selected and approved grant awardees after the event has taken place, and receipts are submitted to the City for reimbursement. The amount to be paid to each organization will not exceed the $2,000 grant amount and will not exceed fifty percent (50%) of the eligible costs of organizing the event. The availability of funds for the FY 2021-2022 Tourism and Special Event Grant Program was announced following the reopening on June 15, 2021. Applications were solicited through a press release posting on the City website and social media.

On September 17, 2021, the Council adopted Resolution No 2021-156 (Attachment 1) authorizing $10,000 for the Tourism and Special Event Grant Program for FY 2021-22. There were four awardees approved to receive grant funding in an amount not to exceed $2,000 for each grant. At that time, there was a remaining $2,000 that has not yet been awarded.

Staff reviewed four applications after the adoption of Resolution No. 2021-156, and found that the application from Shakespeare's Associates, Inc. dba Shakespeare & Performing Arts Regional Company (SPARC) demonstrates consistency with the program policy criteria. The other applications did not meet the requirements in the Guidelines. The application that is being recommended for funding is for Shakespeare in the Vineyards which takes place between June 23, 2022 and August 7, 2022 at Darcie Kent Vineyards.

FISCAL AND ADMINISTRATIVE IMPACTS

Council Resolution No. 2021-156 and the adopted 2021-2022 General Fund budget includes $10,000 for the Tourism and Special Event Grant program. This remaining $2,000 is already included in the $10,000 previously approved by Council.

No additional fiscal or administrative impacts are anticipated. A net positive impact from tourism and special event activities is expected to generate additional revenues in the form of sales tax and hotel occupancy tax.

ATTACHMENTS

1. Resolution No. 2021-156

2. Resolution

3. Exhibit A - Grant Agreement

Prepared by: Theresa De La Vega
Management Analyst

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Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
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DocuSign Envelope ID: F55045CE- 96CE- 4452- B1 F8- B03ED7FAA31 E

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING ALLOCATION OF TOURISM AND SPECIAL EVENT GRANT MONIES FOR JULY 1, 2021 — JUNE 30, 2022
Following guidelines established by the Livermore City Council in 1991, as modified throughout the years through multiple resolutions, the City annually solicits applications for and awards grants pursuant to the City of Livermore Tourism and Special Event Grant funds. Grants awarded from the Tourism and Special Event Grant program are made to provide financial assistance to organizations that promote Livermore events and generate tourism that benefits the local and regional economy.

The City' s approved operating budget in Fund 5001 for FY 2021- 2022, includes $ 10, 000 for the Tourism and Special Event Grant program.

Staff sought applications for FY 2021- 2022 grant awards of up to $ 2, 000 pursuant to the procedure described in the accompanying staff report and according to the Guidelines. Staff received applications from four organizations as listed in the staff report. Staff has identified the four organizations, the applications of which demonstrate that their event meets the criteria of the Guidelines and which will generate the greatest number of attendees. Staff, therefore, recommends the City Council award a grant of 2,000 to each of the four organizations shown on the chart at page 2 of the staff report, which are also listed below.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that the following applicants for the Tourism and Special Event Grant Program July 1, 2021 — June 30, 2022, are approved to receive grant funding, in an amount not to exceed $ 2, 000, for each grant:

Applicant Event Location Date of Event
Rotary Club of Livermore Rotary Downtown June 11, 2022
Livermore Rodeo Parade Livermore on 2nd
Street between
Livermore Avenue
and P Street
Quest Science Science@Stockmen' s Stockmen' s Park June 26, July 17, Center Park and adjacent Quest August 7,
Plaza September 9, and
October 2, 2021
Livermore Pride Livermore Pride Carnegie Park and October 16, 2021 Festival Bankhead Plaza
Livermore Filipino Barrio Fiesta Downtown/ Shea October 3, 2021 Filipino Plaza
American
Organization
RESOLUTION NO. 2021- 156
ATTACHMENT 1 358
DocuSign Envelope ID: F55045CE- 96CE- 4452- B1 F8- B03ED7FAA31 E On motion of Council Member Bonanno, seconded by Vice Mayor Munro, the foregoing resolution was passed and adopted on September 13, 2021, by the following vote:

AYES: Council Members Bonanno, Carling, Kiick, Vice Mayor Munro, and Mayor Woerner
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED AS TO FORM:

DocuSigned by: DocuSigned by:
nEFLF_ 7R9dAR 19
Marie Weber Kelly J. Trujillo
City Clerk Assistant City Attorney
9/ 17/ 2021 1 5: 11 PM PDT
2 RESOLUTION NO. 2021- 156
ATTACHMENT 1 359
RESOLUTION NO. _______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF THE GRANT AGREEMENT WITH SHAKEPEARE’S ASSOCIATES, INC. DBA SHAKESPEARE & PERFORMING ARTS REGIONAL COMPANY (SPARC) IN THE AMOUNT OF $2,000
Following guidelines established by the Livermore City Council in 1991, as modified throughout the years through multiple resolutions, the City annually solicits applications for and awards grants pursuant to the City of Livermore Tourism and Special Event Grant funds. Grants awarded from the Tourism and Special Event Grant program are made to provide financial assistance to organizations that promote Livermore events and generate tourism that benefits the local and regional economy.

The City’s approved operating budget in Fund 5001 for FY 2021-2022, includes $10,000 for the Tourism and Special Event Grant program.

Staff sought applications for FY 2021-2022 grant awards of up to $2,000 pursuant to the procedure described in the accompanying staff report and according to the Guidelines. On September 17, 2021, the City Council adopted Resolution 2021-156 awarding $8,000 out of the $10,000 approved, to four organizations identified in said Resolution, leaving a remainder of $2,000 that can still be awarded. Staff reviewed and found that the application from Shakespeare’s Associates, Inc. dba Shakespeare & Performing Arts Regional Company (SPARC) demonstrate that their event meets the criteria of the Guidelines and will generate the greatest number of attendees. Staff, therefore, recommends the City Council authorize the Grant Agreement and award the remaining grant of $2,000 to Shakespeare’s Associates, Inc. dba Shakespeare & Performing Arts Regional Company (SPARC).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, authorizes the City Manager, or his designee, to execute the Grant Agreement (Exhibit A to this Resolution) with Shakespeare’s Associates, Inc. dba Shakespeare & Performing Arts Regional Company (SPARC), in the amount of $2,000.

On motion of Council Member _____________,seconded by Council member_______________________, the foregoing resolution was passed and adopted on May ___, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Kelly Trujillo
Marie Weber Kelly Trujillo
City Clerk City Attorney
Exhibit A – Grant Agreement between City of Livermore and Shakespeare’s Associates, Inc. dba Shakespeare & Performing Arts Regional Company
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CITY COUNCIL STAFF REPORT
ITEM NO. 6.1

DATE:

May
9, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Hearing to consider a request for Site Plan Design Review and Vesting Tentative Tract Map to develop the northwest corner of North Canyons Parkway and Triad Place. The development consists of three-story condominium buildings with 112 total units, including 22 units affordable to median and moderate-income levels, and 12 accessible units. The applicant has submitted for a density bonus under Government Code section 65915.

RECOMMENDED ACTION

The Planning Commission and staff recommend the City Council:

1 .

Adopt a resolution finding that the project is exempt from CEQA under CEQA Guidelines Sections 15182 (c) and 15183; and
2 .

SUMMARY
The project is located within the Isabel Neighborhood Specific Plan (Specific Plan). The Specific Plan facilitates development of a complete neighborhood with a mix of uses that is walkable, bikeable, and served by transit. The City Council re-adopted the Specific Plan and its Supplemental Environmental Impact Report in November 2020. The proposed project would be the first new development within the Specific Plan. The project applicant, DeNova Homes, proposes 112 attached condominium units with associated open space, landscaping, and parking improvements at the northwest corner of North Canyons Parkway and Triad Place.

The project is consistent with the General Plan Land Use, Housing, Community Character, and Climate Change elements and will help Livermore meet its future Regional Housing Needs Assessment (RHNA).

It implements Specific Plan policy, is consistent with all required development standards, and conforms to all required design standards and guidelines. The use and density are consistent and compatible with surrounding properties and the Livermore Municipal Airport. The project site is of a size and shape that 390
can accommodate the use, and the project will be adequately served by all necessary utilities and services. The project conforms with the provisions of the CA Housing Crisis Act (SB 330) and state density bonus law and is exempt from further California Environmental Quality Act review.

DISCUSSION

BACKGROUND

In November 2020, the City Council re-adopted the Isabel Neighborhood Specific Plan (Specific Plan).

The Specific Plan covers approximately 1,138 acres in the northwest part of the city surrounding the Isabel Avenue interchange and regulates land use in this area (see Attachment 9 – land use plan). The Specific Plan contemplates future land uses and public improvements in the Isabel Neighborhood to create a complete and vibrant neighborhood with a mix of housing, businesses, and community uses.

The Isabel Neighborhood will address citywide goals by providing more transportation options, housing choices, and supporting economic vitality. Residents and workers will have access to regional transit (future Valley Link station at Isabel and I-580) and local transit, a variety of amenities, and basic services for meeting daily needs, such as a grocery store and restaurants. The Specific Plan is intended to streamline the city’s development review process in accordance with the desired type and character of development.

The Specific Plan proposes development of a complete transit-oriented neighborhood that includes approximately 4,095 new attached single-family and multi-family housing units, approximately 1,000 of which will be affordable housing units. In addition, the Specific Plan includes approximately 1.97 million square feet of new office, business park, and commercial development (including a neighborhood commercial center), three new neighborhood parks, pedestrian and bicycle facilities, and infrastructure improvements. A link to the Specific Plan and EIR is provided in Attachments 7 and 8.

PROJECT DESCRIPTION AND CONTEXT

The applicant would develop the vacant, approximately five-acre parcel at the northwest corner of North Canyons Parkway and Triad Place (formerly Comcast Drive). The parcel is situated in a large office park environment and bounded by street rights-of-way, a private access drive, and a parking lot. All surrounding parcels are located within the Specific Plan area. The project includes 112 condominium units that range from approximately 1,000 to 1,800 square feet in size, with 22 of the units reserved for individuals and families with median and moderate-income levels and 12 designated as accessible.

Some of the units are one-story of living space over a garage, also called stacked flats, and other units are two-stories of living space over a garage, which is a more traditional townhome. Each condominium building would be three stories tall.

Project open space includes a 0.2-acre central park, private balconies and porches, and an approximately 2,600 square foot dog park. Resident parking would be accommodated in each unit’s garage while guest parking would be provided in an onsite surface lot. Public improvements include a bus stop with shelter on North Canyons Parkway, a new bike lane, and new curb cuts and driveways.

See Attachment 3 for the development plans.

STAFF ANALYSIS

The information presented below is a summary analysis of the project. For more detailed information 391
regarding each topic, please refer to the Planning Commission staff report, dated April 5, 2022 (Attachment 1).

General Plan

The project site has a General Plan land use designation of Isabel Neighborhood. The Isabel Neighborhood seeks to create a safe, vibrant, complete neighborhood; and support transit ridership and citywide goals for increased transportation options and housing choices [Livermore General Plan Land Use Element, p. 3-23]. The proposal to develop the project site with residential uses is consistent with the land use designation and implements the General Plan goals for the Isabel Neighborhood by providing a mix of unit types and sizes served by transit and connected to the pedestrian network.

The project supports policies established in the Land Use, Housing, Community Character, and Climate Change elements by redeveloping an infill site near transit with market rate and affordable units near jobs and educational opportunities (e.g., Las Positas College).

The 2015-2022 Housing element did not include the project site in its sites inventory, and no site development was anticipated for Livermore’s 2015-2023 Regional Housing Needs Assessment (RHNA) period. Therefore, the project’s proposed unit count is above that required by the State’s RHNA process and, as such, a ‘no net loss’ review is not required under Government Code Section 65863. The units, however, would count towards Livermore’s 2023-2031 RHNA allocation of 4,570 units if the building permits are issued no earlier than 2023.

Isabel Neighborhood Specific Plan

The project site is located in the Transition area of Subarea 2c within the Specific Plan, which establishes the site’s zoning. The project proposes condominium-style multifamily residential units, consistent with the uses allowed in the Transition residential area. The Specific Plan establishes minimum, maximum, and target residential densities in each subarea in order to appropriately manage growth and ensure adequate housing supply. The target density is generally the midpoint between the minimum and maximum densities of the subarea and facilitates higher densities, in support of Specific Plan Transit Oriented Development policy.

The Transition subarea is applied to Specific Plan peripheries and allows for the lowest intensity of development to ensure compatibility with existing land uses. Accordingly, its density range for the parcel is 15 to 25 dwelling units per acre, with a target of 20. The project’s site density of 22.7 units per acre is within the Specific Plan’s density requirements and exceeds the target density.

Livermore Municipal Airport

The Livermore Municipal Airport is located approximately ¾ of a mile southwest of the project site. In order to protect the airport’s operations and to ensure safety and compatibility of surrounding uses, the County established the Livermore Airport Land Use Compatibility Plan (Compatibility Plan). The Compatibility Plan applies to all properties within the Airport Influence Area, which generally extends from Santa Rita Road to North Livermore Avenue, and from Stanley Boulevard to north of the City Boundary.

A majority of the Isabel Neighborhood is located within the Influence Area, including the project site. 392
During its adoption, the Specific Plan was found to be consistent with the Compatibility Plan with respect to building heights, uses, and noise levels. Given that the project is within the allowed density, use, and height requirements of the Specific Plan, it is also consistent with the Compatibility Plan. The project would be conditioned to provide avigation easements and buyer notifications to inform future residents they are living near an airport and will experience aircraft noise, as required by the Specific Plan and Compatibility Plan.

Subdivision – Vesting Tentative Tract Map 8609

Lot Size and Circulation

The proposed Vesting Tentative tract Map (Map) will subdivide the existing approximately five-acre vacant parcel into 22 lots (Attachment 3, Sheet TM 1.0). The existing street network, including North Canyons Parkway and Triad Place, will serve the new parcels. Access would be provided from a new driveway along Triad Place and a new driveway along the common access lane to the west of the parcel, with dimensions conforming to city standards. Pedestrian sidewalks and crosswalks would be provided throughout the development, would connect to the project’s common areas and the public right-of-way, and would be Americans with Disabilities Act (ADA) compliant, allowing for adequate site ingress and egress.

Traffic

In response to California Senate Bill 743, the Governor’s Office of Planning and Research (OPR) updated the California Environmental Quality Act (CEQA) guidelines to prohibit the use of delay-based metrics (LOS - Level of Service) and instead use vehicle miles traveled (VMT) as the basis for analyzing CEQA traffic impacts. The Specific Plan Supplemental EIR found Specific Plan buildout would not result in significant VMT impacts. Given that the project is within the density ranges contemplated by the EIR, no significant VMT impacts would result from the project. However, LOS-based methodology was also included in the EIR for significance determination. The project is consistent with the densities identified in the Specific Plan’s Supplemental EIR, for this reason, no impacts to LOS beyond those identified in the EIR would occur.

Alternative Transportation

The project proposes a Class IV bike lane (bike lane separated by physical barrier) across the project frontage on North Canyons Parkway, in conformance with Specific Plan requirements (Attachment 3, Sheet TM 3.0). In order to promote design consistency across the Isabel Neighborhood, the bike lane’s design will be finalized prior to improvement plan approval.

The Specific Plan requires coordination with the Livermore Amador Valley Transit Authority (LAVTA), which provides transit service in Livermore and throughout the Tri-Valley, to alter or add bus routes in the Plan Area. The project proposes to revise the existing bus stop turnout to include a bus pad and new shelter (Attachment 3, Sheet TM 3.2). The applicant and staff coordinated with LAVTA, which approves of the bus stop redesign and will reactivate the bus stop on the 30R line that travels across Livermore and to Pleasanton and Dublin, consistent with the Specific Plan. With the redesign, future project residents will have improved access to bus transit service and to the future Valley Link commuter rail and Dublin/ Pleasanton BART station.

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Parking

The project proposes parking within each unit’s attached garage and a guest parking area on the western end of the project site. Three electric vehicle charging stations are proposed and each resident garage is EV Ready. Two accessible spaces will be provided, in conformance with Americans with Disabilities Act (ADA) requirements. One bike parking space would be provided in each resident garage.

The proposed parking plan conforms to all the Specific Plan’s minimum and maximum parking standards.

Utilities, Services, and Infrastructure

The Specific Plan EIR found that at Specific Plan buildout, the city’s existing utility and service systems would have adequate capacity to serve all new development in the Isabel Neighborhood. The project density is within the range contemplated by the Specific Plan, for this reason, existing utility and service systems will have sufficient capacity to serve the project.

Site Plan Design Review

Development Standards

The Isabel Neighborhood Specific Plan establishes residential development standards that regulate height, setbacks, and bulk. The project proposes three story buildings that are approximately 36 feet tall, in conformance with the Specific Plan. Further, the project height conforms to all Scenic Corridor Policy requirements, which establish additional height restrictions in the area to maintain views of nearby hillsides. Setbacks range from 20-35 feet from surrounding street frontages, exceeding Specific Plan requirements. The project complies with all development standards for the Specific Plan’s Transition area, with the exception of the Density Bonus incentive/concession, as described in the Housing and Affordability section of this report.

Open Space

The Specific Plan contains goals, policies, and development standards that require the provision of residential open spaces to enhance the quality of life and aesthetics of the plan area. The project would provide approximately 76 square feet of common open space per unit and 93 square feet of private open space per unit, exceeding Specific Plan requirements. Private open space would be provided within each unit’s deck or porch area and common open space would be provided in the central park and dog park areas onsite.

Compatibility, Massing, and Siting

The project proposes three unique building types: back-to-back townhomes, row townhomes, and stacked flats. Each building type will be three stories in height, substantially similar to the heights of surrounding office buildings.

As adopted by the City Council, the Specific Plan and the citywide Design Standards and Guidelines contain design requirements for new development. The project conforms to all applicable design standards and guidelines. Specifically, the project’s units are individualized, differentiated through 394
architectural elements like roof forms or wall planes, and are broken into smaller subparts not exceeding 50 feet. These elements work to create varied and human-scale architecture. All buildings are orientated towards the street and in scale with surrounding open space, as required.

Architecture

The Specific Plan permits contemporary designs and building materials, due to proximity to surrounding office and industrial uses. The project proposes a detailed contemporary architectural style. Key elements in contemporary design include unconventional volumes, asymmetry, and large windows, all of which are represented in the proposed architecture. Building colors are varied and compatible with the architectural style.

Landscape and Tree Preservation

The project is consistent with Specific Plan and the citywide Design Standards and Guidelines related to trees, shrubs, and groundcovers. Project street frontages include double rows of trees planted in engineered soil to create sidewalk shading and building screening. The City’s Tree Preservation Ordinance seeks to enhance Livermore’s urban forest by preserving or replacing existing protected trees throughout the City. The applicant proposes to replace 65 existing protected trees with 147 new trees, exceeding Tree Preservation Ordinance requirements (Attachment 3, Sheet L-8). The project is also conditioned to comply with the City’s Water Efficient Landscape Ordinance (WELO) in order to conserve water, avoid invasive species, and ensure irrigation efficiency.

Housing and Affordability

Affordability

In support of the City Council's priority to increase and expand affordable housing opportunities, the Specific Plan contains affordability requirements for all new development. Each new for-sale project in the Isabel Neighborhood is required to allocate 15 percent of the units to individuals or families of moderate-income levels and an additional five percent of units to those with median-income levels. An Alameda County median income for a family of four is approximately $125,000 while a moderate income for a family of four is approximately $150,000. The project proposes 112 total for sale units. Of this total, 16 units will be reserved for those with a moderate income and 6 will be reserved for those with a median income, in conformance with Specific Plan requirements.

Housing Crisis Act

The Housing Crisis Act (SB 330) became California law on January 1, 2020, and made numerous changes to the procedures for processing, reviewing, and approving housing development projects during the statewide housing emergency, which ends on January 1, 2030. Specifically, the new law:

Created an optional “preliminary application” process for housing developers that freezes development standards and fees as of the submittal date; Amended the Permit Streamlining Act to clarify the timeframe and procedures for determining whether a development application is complete;
Added provisions to the Housing Accountability Act to ensure only objective standards are used to deny or reduce the density of a housing development project; 395
Limited the number of hearings that may be held on a housing development project to five; and Limits actions to reduce residential development capacity or implement growth control measures and imposes replacement housing and relocation requirements for projects that demolish residential units.

The applicant submitted for relief under the Housing Crisis Act by submitting a preliminary application in May 2021 (Attachment 5). Therefore, all development standards and fees applying to the project were vested at that date. In addition, given that the Specific Plan was re-adopted after January 1, 2020, all subjective design standards within the plan could not be used to evaluate the project. However, the Specific Plan references the citywide Design Standards and Guidelines, which were adopted prior to January 1, 2020. Therefore, subjective standards from the adopted 2004 citywide Design Standards and Guidelines were still used during project review. The project review has taken place within the timelines and quantity of hearings specified in the law. No residential demolition nor growth control is part of this project, and the city has suspended its Housing Implementation Program (HIP), which generally limited the annual number of units constructed. For these reasons, the project review process and the review standards used are consistent with the provisions of the Housing Crisis Act.

Density Bonus

The State of California encourages the production of affordable housing through its Density Bonus statute [California Government Code Section 65915-65918]. These provisions allow for increased project densities and developer incentives for development projects that provide a certain percentage of affordable units. For projects that reserve at least 20 percent of the total units for individuals and families with moderate income, the developer receives up to two incentives/ concessions that may waive certain development standards of the underlying zoning district, like setbacks or lot coverage.

The applicant is not seeking an increase in the allowed density, given that the project complies with the density allowed by the Specific Plan. However, the applicant is seeking one developer incentive to waive the requirements of the Specific Plan’s interior setback requirement. The requested incentive would allow for zero setback along all interior lot lines. The incentive would facilitate the building forms and densities contemplated by the Specific Plan. The Specific Plan’s current interior setback standards prevent certain types of townhome and condominium-style developments. Subsequent to this project, staff intends to return to Planning Commission and City Council with a Specific Plan amendment to clarify the side/rear setback standard to ensure higher density condominium and townhome development is not precluded within the Plan Area.

Given that none of the Density Bonus’ required findings can be made to deny the concession request, the City is required to grant the requested setback incentive to the project applicant. Staff supports the proposed setback incentive given that it supports Specific Plan policy of providing dense, attached development and does not constitute an adverse impact on the public health and safety nor the environment.

Sustainability

In support of the City’s General Plan, Climate Action Plan, and Specific Plan, the proposed project will incorporate sustainability measures into its construction and operations. For example, the project utilities will be all electric (i,e., no gas lines to the units) and proposes rooftop photovoltaic arrays that would provide electricity for each unit without local emissions. Garages will be EV charger ready (providing the 396
necessary wiring and power) with three electric vehicle charging stations located onsite. Garages will also have sufficient space to accommodate trash, organic, and recycling bins, encouraging composting and recycling activities for all residents. All onsite fixtures would be water and energy efficient, and the east-west orientation of many units will take advantage of passive heating and cooling opportunities.

The project will also efficiently use and treat water onsite. Recycled water will be used for all irrigation and all plants will be medium or low water users. In addition, many species will be natives and pollinators, which are well suited to Livermore’s climate. Finally, the project is an infill development located directly adjacent to the LAVTA 30R line, which serves the West Dublin/Pleasanton BART station.

In addition, the project is located near existing job centers, and the future Valley Link station.

Planning Commission

The Planning Commission held a public hearing on April 5, 2022, to review the project and voted unanimously to recommend finding the project is exempt under the California Environmental Quality Act and approve the project. The Planning Commission also added three conditions of approval in order to protect the health, safety, and welfare, as follows:

1 .

All project appliances shall be electric, as set forth in the 2018 Isabel Neighborhood Specific Plan Environmental Impact Report Mitigation, Monitoring, and Reporting Program. 2 .

Prior to Building Permit issuance, applicant shall work with staff to provide a reasonable number of on-site guest bicycle parking spaces.
3 .

All fencing constructed on top of the retaining wall located along the northern property line shall be permeable, allowing for views through the fence line.

Staff supports the proposed Planning Commission conditions, and they are incorporated by reference into the conditions of approval (Attachment 4). Prior to the meeting, staff received one comment in support of the project (Attachment 10). There were no additional comments at the meeting. The draft meeting minutes (Attachment 2) include the summarized testimony and discussion.

ENVIRONMENTAL DETERMINATION

The project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Sections 15182 (c), which exempts residential projects that implement a Specific Plan, and 15183, which exempts projects consistent with a community plan, general plan or zoning, as described in the environmental resolution.

FISCAL AND ADMINISTRATIVE IMPACTS

There are no significant fiscal or administrative impacts associated with the project. Staff time allocated to land use entitlement review is offset by required entitlement application fees. The incremental increase in water, sewer, and stormwater demand will be offset by required impact fees and utility connection fees.

All new onsite streets, stormwater retention areas, parks, and landscaping will be privately maintained by the project’s Homeowners’ Association (HOA). As is city practice, onsite water and sewer lines would be maintained by the city, with such costs defrayed by user fees.

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The project will be annexed into the citywide maintenance Community Facilities District (CFD), as allowed by the CA Mello-Roos Act, that will cover offsite public improvement maintenance costs. Offsite improvements include frontage improvements like the new Class IV bike lane and a new bus pad with shelter.

ATTACHMENTS

1. Planning Commission Report

2. Draft Planning Commission Meeting Minutes

3. Development Plans

4. Conditions of Approval

5. Preliminary Application

6. Density Bonus Incentive Request

7. Specific Plan Link

8. Specific Plan EIR Link

9. INSP Land Plan

10. Public Comment

11. Resolution - CEQA

12. Exhibit A - Planning Commission Resolution 03-22

13. Resolution - Project

14. Exhibit A - Planning Commission Resolution 04-22

15. Exhibit B - Conditions of Approval

Prepared by: Jake Potter
Associate Planner

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
398
PLANNING COMMISSION STAFF REPORT ITEM NO. 5.1
DATE: April 5, 2022
TO: Chairperson and Members of the Planning Commission
FROM: Steve Stewart, Planning Manager
SUBJECT: Site Plan Design Review (SPDR) 21-003 and Vesting Tentative Tract Map (VTTM) 8609 – Subdivision (SUB) 21-005 for 112 Triad Condominiums at the northwest corner of North Canyons Parkway and Triad Place

RECOMMENDED ACTION
Staff recommends the Planning Commission adopt resolutions recommending the City Council find that that the project is exempt from CEQA under CEQA Guidelines Section 15182 (c), and approve Site Plan Design Review (SPDR) 21-003 and Vesting Tentative Tract Map (VTTM) 8609 – Subdivision (SUB) 21- 005, together with the requested Density Bonus incentive/concession, subject to the attached Conditions of Approval.

The Planning Commission’s action is a recommendation to the City Council.

SUMMARY
The Isabel Neighborhood Specific Plan (Specific Plan) guides development in the northwestern part of the City. It seeks to create a complete neighborhood with a mix of uses that is walkable, bikeable, and served by transit. The City Council adopted the Specific Plan and its Supplemental Environmental Impact Report in November, 2020. The proposed site and project is the first new development within the Specific Plan. The project proposes 112 condominium units with associated open space, landscaping, and parking improvements.

The project is consistent with Land Use, Housing, Community Character, and Climate Change elements and with Livermore's current Regional Housing Needs Assessment period requirements. It implements Specific Plan policy, is consistent with all required development standards, and conforms to all required design standards and guidelines. The use and density are consistent and compatible with surrounding properties and the Livermore Municipal Airport, the site is of a size and shape that can accommodate the use, and the project will be adequately served by all necessary utilities and services. The project conforms with the provisions of the CA Housing Crisis Act and state density bonus law and is exempt from further California Environmental Quality Act review.

ATTACHMENT 1
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DISCUSSION

BACKGROUND
In November of 2020, the City Council adopted the Isabel Neighborhood Specific Plan (Specific Plan).

The Specific Plan covers approximately 1,138 acres in the northwest part of the city surrounding the Isabel Avenue interchange (see Attachment 10: Figure 1-2, Planning Area) The Plan contemplates future land uses and public improvements in the Isabel Neighborhood to create a complete and vibrant neighborhood with a mix of housing, businesses, and community uses. The Isabel Neighborhood will address citywide goals by providing increased transportation options, housing choices, and supporting economic vitality. Residents and workers will have access to regional and local transit, a variety of amenities, and basic services for meeting daily needs, such as a grocery store and restaurants.

The Specific Plan proposes development of a complete transit-oriented neighborhood that includes approximately 4,095 new attached single-family and multi-family housing units, approximately 1,000 of which will be affordable housing units. In addition, the Specific Plan includes approximately 1.97 million square feet of net new office, business park, and commercial development (including a neighborhood commercial center), three new neighborhood parks, pedestrian and bicycle facilities, and infrastructure improvements. Links to the Specific Plan and EIR are provided in Attachments 8 and 9, respectively.

The Specific Plan is intended to streamline the City’s development review process in accordance with the desired type and character of development. However, all of the Plan’s development projects require review through the normal City the entitlement process. This project is the first Specific Plan project requiring entitlement review.

DESCRIPTION, CONTEXT, AND ANALYSIS
For a complete project description, site context, and analysis of applicable state and local standards, please review the attached Description, Context, and Analysis memo (Attachment 1).

ENVIRONMENTAL DETERMINATION
The project is exempt from CEQA under CEQA Guidelines Section 15182 (c), which exempts residential projects that implement a Specific Plan.

RECOMMENDATION
Staff recommends the Planning Commission adopt the attached Resolutions, recommending the City Council:

1. Adopt a resolution finding that the project is exempt under the California Environmental Quality Act, in accordance with CEQA Guidelines Section 15182 (c);

2. Adopt a resolution approving Site Plan Design Review (SPDR) 21-003 and Vesting Tentative Tract Map (VTTM) 8609 – Subdivision (SUB) 21-005, together with the requested Density Bonus incentive/concession, subject to the attached Conditions of Approval; and ATTACHMENT 1
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3. Instruct staff to file a Notice of Exemption, in accordance with the provisions of the California Environmental Quality Act, subject to project approval.

ATTACHMENTS

1. Description Context and Analysis Memo

2. Environmental Resolution

3. Project Resolution

4. Conditions of Approval

5. Development Plans

6. SB 330 Preliminary Application

7. Density Bonus Incentive Request

8. Specific Plan Link

9. Specific Plan EIR Link

10. INSP Land Plan
Prepared by: Steve Stewart
Planning Manager
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PLANNING COMMISSION MINUTES 1 April 5, 2022
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PLANNING COMMISSION

MEETING MINUTES
April 5, 2022

5.1 Site Plan Design Review (SPDR) 21-003 and Vesting Tentative Tract Map (VTTM) 8609 – Subdivision (SUB) 21-005 for 112 Triad Condominiums at the northwest corner of North Canyons Parkway and Triad Place Recommendation:

Staff recommends the Planning Commission adopt resolutions recommending the City Council find that that the project is exempt from CEQA under CEQA Guidelines Section 15182 (c), and approve Site Plan Design Re view (SPDR) 21-003 and Vesting Tentative Tract Map (VTTM) 8609 – Subdivision (SUB) 21-005, together with the requested Density Bonus incentive/concession, subject to the attached Conditions of Approval.

The Planning Commission’s action is a recommendation to the City Council.

Jake Potter, Associate Planner, presented item.

Trent Sanson, DeNova Homes , thanked staff for the detailed PowerPoint presentation and staff report, and said they are available for any questions.

Chairperson Dunbar opened the public comment period, and there were no speakers.

Commissioner Branning asked and confirmed with the applicant that the solar panel installation will occur as part of construction.

Commissioner Branning said the City is still working on its Climate Action Plan and asked if buildings will have gas lines or will they be all-electric.

Mr. Potter stated the proposal is for gas fixtures, although there is a provision within the MMRP in the EIR that suggests electric utilities.

Steve Stewart, Planning Manager, said he is locating the reference in the MMRP and suggested the Commission move forward and he can return. Senior Assistant City Attorney Kim Cilley said they would need to know the exact requirement in the MMRP.

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PLANNING COMMISSION MINUTES 2 April 5, 2022
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Mr. Sanson said at the time they submitted their application, it was their understanding the City was in the process of adopting an all -electric ordinance which is not currently in place. However, they have volunteered and committed that they are willing to provide an all-electric project, if desired.

Commissioner Branning said he would not make it a condition of approval but would strongly encourage the applicant to go with all -electric given timing and savings in the long run. He then referred to bike parking on site which was entirely in garages. He asked if there was public bike parking.

Mr. Potter confirmed the Specific Plan does not require any guest bike parking and the project meets all standards for resident bike parking.

Commissioner Branning said given the Isabel Neighborhood Plan’s emphasis on active transportation and its adjacency to public transit he asked if it possible to add a condition requiring some number of guest bike parking spaces as part of the project or not.

Mr. Potter said although the Specific Plan does not require it, it has policies to promote a walkable and bikeable environment. He thinks there would be a substantial nexus for a reasonable number of guest bike parking spaces on the site.

Ms. Cilley said as long there is a nexus for it, it would be permissible; however, the scope and number of spaces is needed.

Mr. Sanson said they are more than happy to work with City staff to find appropriate location(s) for guest bike parking. They believe it might be best suited in t he southwest corner near the clustered mailbox location, and they are amenable to a condition of approval for this.

Commissioner Branning said as part of a condition, he asked if a specific number would need to be identified, such as 1 space per 5 units, and he confirmed with Ms. Cilley that the Commission could require that the applicant work with staff on a reasonable number of spaces based on past practice and this project.

Commissioner Branning recommended such a condition for an appropriate number of guest bike parking based upon past practices and working with staff.

He then noted there are 22 affordable units in the project. He believes this is 19 ½% and the zoning is for 20% minimum, and he asked staff to convey why a fraction of a unit is missing from this and encouraged the applicant to go to 23 units, but believes there is another option for them.

Mr. Potter explained the 20% of 112 is 22.4 units and so the applicant is providing 22 units, and the fractional reserve of that will be paid via i n-lieu fee, which is supportive by the City’s Housing Division.

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PLANNING COMMISSION MINUTES 3 April 5, 2022
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Commissioner Branning said it looks as though guest parking is exclusively located on the west side of the property, and Mr. Potter confirmed and said there are a couple of ADA spaces on the eastern side.

Commissioner Branning suggested the spaces be spread out if possible. He asked if the dog park is accessible only to residents or he asked if it will be a public park. Mr. Potter said the parks on site are private in nature and residents through the HOA pay for maintenance, although the parks will not be gated off. There are similar projects where the maintenance is paid for by residents, but it is not fully private where the public is not barred from entering.

Commissioner Branning said lastly, he asked staff to speak about implementation of the Active Transportation Plan ( ATP) in the area which relies on developers to complete individual pieces. He asked staff to briefly explain how everything will connect and that the City meets its goals for the Isabel Neighborhood Plan to ensure it is a walkable and bikeable neighborhood.

Mr. Potter said there are a number of projects being funneled through the pipeline at the moment and each project is required to install the bike lanes alo ng their frontage, which he described. There will be some gaps through the system which will be filled through development agreements, grants, and other Capital Improvement Program (CIP) work.

Commissioner Branning concluded his questions, and described his voiced support of the project, with encouragement for all -electrification, and the added condition relating to guest bike parking pursuant to discussions with staff and past practices.

Commissioner Stein asked what are the allowable uses on the parcels to the west and north, North Canyons Plaza and the former Triad building.

Mr. Potter said the specific plan identifies those as business park uses and consistent with uses there today.

Commissioner Stein asked if the airport easement covers future expa nsions where the use intensifies.

Mr. Potter said it would be placed over the top of the parcel and as conditioned, the project will have the avi gation easement recorded and disclosures provided to homeowners, which likely will include future impacts.

Commissioner Stein referred to the requirement of a stormwater retention plan which is incorporated into the design but there is no time specific as to its timing.

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PLANNING COMMISSION MINUTES 4 April 5, 2022
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Mr. Potter said the applicant has provided their stormwater and grading plans with the entitlement package. If the Commission recommends approval and the City Council approves, the particulars of the plan are fine-tuned during the Final Map process through the Engineering Division and done before any sort of improvement plan approval.

Commissioner Stein said on the grading plan, it shows no north/south contours within the parcel’s central area. He asked if it is stepped or flat, and cited the requirement for a 6 foot retaining wall on the north side.

Mr. Potter said the current contour does slo pe to the south and west, but there will be grading activity that would necessitate a retaining wall on the north side and the differential between the sidewalk and pads as well on the south side. It still has a gradual slope from north to south.

Commissioner Stein asked ab out nearby developments that incorporate the rear yard setback requirements and use of patios and balconies, and asked for an example.

Mr. Potter said the residential developments to the northeast like Copper Hill and others do have private open space allocated in that way.

Commissioner Stein noted that trees on Triad Place are Bradford Pears are at the end of their useful life, but the trees on the North Canyons Parkway look to be in fairly good shape and he asked why they are being replaced.

Mr. Potter said the arborist identified many unhealthy trees, but this is largely to accommodate the site plan including pathways and stormwater retention areas.

Commissioner Stein commented that he likes the planting palette with the only exception being the Bougainvillea vines, stating they do not like frost. He asked that it be replaced with Wisteria or Star Jasmine or something more frost-resistant.

Additionally, there is almost no landscaping on the interior streets except at the ends of the buildings, particularly Street B. From a climate perspective, this will create a heat island. Generally, in the past, Livermore has encouraged natural materials for facades to be incorporated into residential and this is lacking in that it is a very auste re and monochrome design. Together, with the lack of landscaping, this creates a somewhat barren appearance; however, some people may like this modern look. Additionally, he asked if enough insulation with flat top roofs be incorporated to meet all climate standards.

He was also unsure as to how durable the fabric shade structure will be in the area where there is very high and constant wind in the area. He suggested perhaps a more structured shade facility might be worthwhile. Lastly, he said these are comments the developer can consider to incorporate into the plan.

Chairperson Dunbar recognized the applicant to respond to comments.

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PLANNING COMMISSION MINUTES 5 April 5, 2022
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Mr. Sanson responded that they have no issues with replacing the vine species outside of Building 5 that would grow on th e trellis to soften the entry to address the frost comment, and their landscape architect confirmed they can work with staff on this.

Regarding the fabric of the shade structure, these have been developed in other projects and although they might seem less robust than metal, they find the materials very hardy and sturdy for longevity for many years. They also provide a softer effect and does not reflect heat or glare and would prefer to keep those incorporated which would be an on - going HOA maintenance requirement.

Vice Chairperson Leary referred to the staff memorandum on page 3 which described RHNA and how the 112 units would be counted through 2023 and he asked for more information about this.

Mr. Potter provided an explanation of the State’s RHNA requ irements where the City is required in the Housing Element to identify certain sites zoned for housing to be accommodated. In RHNA, the City must report on what was built, and in this case, the Housing Element did not identify this particular site in its inventory which means it did not anticipate the site’s development of housing so the City does not need this site to fulfill its obligations for the current cycle. However, if the project gets entitled and its building permits are approved after 2023, the n umber of units will count towards the next 8 year cycle.

Vice Chairperson Leary voiced his support of the guest bike parking condition, added interior planting, sustainability, finds the density bonus waiver qualifies, concurred that the 22 units will help with the City’s RHNA of 4,600 units in the next cycle, agrees the site adequate wet and dry utilities per the drawings, supports the scenic view angle of 3.2 degrees from the highway goes above the building peaks and noted the lowest grapevine is at elev ation 515 where the building peaks will be more than 20 feet below that. He noted the project qualifies for the exemption under Section 15182 of CEQA, and he finds it is consistent with the Specific Plan.

Chairperson Dunbar asked the applicant to describe where AC units will be located.

Kerri Watt, DeNova Homes, stated AC units will be located on the roof and they worked with staff to ensure the returns along the roof will screen all architectural and mechanical equipment.

Chairperson Dunbar asked to define which units will be accessible, and Ms. Watt stated these are indicated with an asterisk on the site plan, as well as a path of travel shown, and Mr. Potter displayed the plan showing these.

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PLANNING COMMISSION MINUTES 6 April 5, 2022
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Chairperson Dunbar said there was a requi rement to connect the pathway towards the bus stop at the southeast corner and agreed with this condition of approval. He asked about the MMRP and whether it requires all-electric.

Mr. Stewart said it is clearly included in the 2018 DEIR and FEIR for the Specific Plan and is still confirming this in the Supplemental EIR.

Mr. Sanson restated that they are happy with all-electric be a condition of approval for the project, if desired. Chairperson Dunbar voiced support of this condition and will recommend staff look at this for future projects in the Specific Plan.

Mr. Stewart agreed to also include a discussion of this in the City Council report.

Chairperson Dunbar asked if the applicant could describe the Transportation Management Demand District and what this will do in the future to build safe bike and pedestrian areas.

Mr. Potter stated the Specific Plan calls for transportation management agencies or an over-arching agency within the Specific Plan area, requires that specific TMA to be created with major projects and those are generally in the core that are in the densest area of the plan. This particular project and some of the others along the periphery in the transition area are not identified as major projects and not a component of this approval.

However, as part of conditions of approval, staff has included a provision where this project will participate in such a TMA when and if it is formed, and the Specific Plan identifies certain activities the TMA would create.

Chairperson Dunbar said he agrees with Commissioner Branning’s comment on having bike parking outside units, knows the specific requirements talk about having them within the garages but he thinks some allowance should be included and hopes it gets added into the Specific Plan as projects come before the Commission.

He would also suggest the applicant and City consider for the future adding in bike lockers at the bus stop to help people bike to it and get to BART or future Valley Link Station. He would leave it to staff to determine the appropriate amount of guest bike parking and his preference would be in the center area around the park, as having it by the mailboxes might not be obvious.

With regards to the bus stops, he voiced support of these, especially for students and hoped LAVTA installs one across the street, as well. He voiced support of landscaping comments by Commissioner Stein, especially on First Street and would encourage the applicant to fill in areas with some plantings.

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PLANNING COMMISSION MINUTES 7 April 5, 2022
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He said he believes the project meets all objective requirements, CEQA exemption, density bonus requirements, and asked to consider items for the Isabel neighborhood moving forward which would include: 1) bike parking for townhomes; 2) the policy for trash collection under DG 53 which talks about convenience and reduction of noise and consideration of common trash collection for multi -family projects; 3) requiring AC units to be on the roof; 4) cross ventilation for townhome units under DG 52; 5) preference to not have the balconies face North Canyon, and encouraging they face the roadway and exempting arterial roads from that requirement and making it local or collector only so balconies are useful; 6) Class IV bike lanes; 7) to review conditions of approva l relating to window ratings and the use of “should consider” and asked the applicant to follow the condition; and 8) clean up on the reference for fees to be paid at time of the permit versus fees being vested at the time of application.

Mr. Stewart confirmed that the 2020 SEIR does carry forward all MMRP from 2018 FEIR so the electrification mitigation measure would still be in place and appropriate for this project.

Commissioner Stein echoed his comments suggested some brighter door colors as a welcome addition and voiced support of the project.

Commissioner Leary referred to Sheet PM-3.0 and the staff report is clear about Class IV bikeway, but the plan actually shows a Class II buffered bike lane, which should be corrected and caught during the final design. He also voiced support of the two additional conditions.

Chairperson Dunbar referred to the Condition of Approval relating to lighting for the parking lot. There will be wall on the north side of the parcel between 3 and 6 feet, so some buildings will be buried on the north corner. He commented that the photometric study should cover that area to ensure pedestrian scale lighting be along the pathway which he believes is included in conditions. Secondly, he asked that something be done with lighting and permeability along the fence to prevent people from falling and recommended adding a condition for this, and to encourage the applicant provide additional plantings along the interior streets.

MOTION BY BRANNING, SECONDED BY LEARY, TO ADOPT RESOLUTIONS

RECOMMENDING THE CITY COUNCIL FIND THAT THAT THE PROJECT IS EXEMPT FROM CEQA UNDER CEQA GUIDELINES SECTION 15182 (C), AND APPROVE SITE PLAN DESIGN REVIEW (SPDR) 21 -003 AND VESTING TENTATIVE TRACT MAP (VTTM) 8609 – SUBDIVISION (SUB) 21 -005, TO GETHER WITH THE REQUESTED

DENSITY BONUS INCENTIVE/CONCESSION, SUBJECT TO THE ATTACHED

CONDITIONS OF APPROVAL, WITH ADDITIONAL CONDITIONS OF APPROVAL TO 1) ADD GUEST BIKE PARKING SUBJECT TO STAFF RECOMMENDATION , 2) PROVIDE FOR ALL ELECTRIC APPLIANCES FOR TH E PROJECT , AND 3) ADD PERMEABILITY ON THE FENCING AT THE NORTH SIDE OF THE PARCEL.

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PLANNING COMMISSION MINUTES 8 April 5, 2022
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AYES: BRANNING, DUNBAR, LEARY, STEIN.

NOES: NONE.

ABSENT: ANDERSON.

Minutes prepared by:

Lisa Harper Consulting
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CONDITIONS OF APPROVAL
Site
Plan Design Review (SPDR) 21-003 and Vesting Tentative Tract Map (VTTM) 8609 – Subdivision (SUB) 21-005
Heari
ng to consider a request for Site Plan Design Review and Vesting Tentative Tract Map to develop the northwest corner of North Canyons Parkway and Triad Place, which would implement the Isabel Neighborhood Specific Plan. The development consists of three-story condominium buildings with 112 total units, including 22 units affordable to individuals and families with median and moderate-income levels, and 12 accessible units. The development also includes an approximately 0.2-acre private park, an approximately 2,600 square foot private dog park, and related landscaping, parking, stormwater, and frontage improvements. The applicant has submitted for a density bonus under Government Code section 65915.

Locati
on: Northwest corner of North Canyons Parkway and Triad Place, formerly Comcast Drive (APN: 905-10-6)
Recom
mended by Planning Commission: April 5, 2022
Approved by City Council: May 9, 2022
A. PROJ

ECT AUTHORIZATION

1. The proj
ect shall be in conformance with all City Ordinances, rules, regulations, and policies. The conditions listed below are particularly pertinent to this permit and shall not be construed to permit violation of other laws and policies not so listed.

2. Approv
al is limited to conformance of the land uses allowed in the Transition area of Subarea 2c of the Isabel Neighborhood Specific Plan. Use of the property shall be limited to those permitted by the Isabel Neighborhood Specific Plan as it exists now or may be amended in the future.

3. Vest
ing Tentative Tract Map 8609 and associated Site Plan Design Review shall expire unless a Final Map is filed by May 9, 2024, or a request for extension is received and approved by the City.

B. PROJ

ECT SPECIFIC CONDITIONS
The appl
icant shall respond in writing to all conditions contained in this document and its attachments. Responses shall describe how the condition has been met and shall, where applicable, direct the plan checker to the page and/or drawing detail that demonstrates compliance with the condition. A copy of these responses shall be provided with each set of revised plans.

ATTACHMENT 4
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1. Pri
or to occupancy, applicant shall record the deed notification provided in the Livermore Executive Airport - Airport Land Use Compatibility Plan, Chapter

3.3.4.6, on the property for which this discretionary development permit is issued, as follows:

NOTICE OF AIRPORT IN VICINITY
This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors).

Individual sensitivities to those annoyances can vary from person to person.

You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.

2. Prior to approval of the project’s improvement plans, applicant shall provide an additional pedestrian connection adjacent to Building 11 directly to the public sidewalk to provide access to the LAVTA bus stop, as approved by the Community Development Director.

3. Prior to occupancy of the project site, the southbound left turn lane at the North Canyons Parkway/Comcast Place-Triad Place intersection shall be shortened and the signal detection zone for the southbound left turn lane shall be revised to accommodate the new turn lane length, as approved by the City Engineer.

4. Prior to approval of the project’s improvement plans, applicant shall provide a final class IV bike lane design not less than fourteen feet in width, including necessary physical separation, to the satisfaction of the Community Development Department Director and the City Engineer.

5. Prior to approval of the project’s improvement plans, applicant shall coordinate with LAVTA to ensure proper placement of bus shelter and dedication of maintenance easement, if needed. Applicant shall provide proof of coordination to the satisfaction of the Community Development Director.

6. Prior to approval of the project’s improvement plans, applicant shall demonstrate the project’s use of recycled water for irrigation purposes, to the satisfaction of the City Engineer. All onsite irrigation shall use recycled water.

7. Prior to issuance of a building permit, the applicant shall submit a photometric plan that demonstrates adequate site lighting. Exterior parking areas shall maintain a minimum light level of one foot-candle at the parking surface.

Pathways and private open space areas shall be sufficiently illuminated for safety, but respectful of the residential context, as approved by the Community Development Director.

ATTACHMENT 4
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8. Applic
ant shall install windows and doors with an STC-32 rating on buildings that front North Canyons Parkway, pursuant to the noise study conducted by Bollard Acoustical Consultants, Inc., dated October 18, 2021.

9. Pr
ior to Building Permit approval, applicant shall revise construction drawings to include additional fenestration (e.g. windows) on the first-floor corner units of Buildings 3, 4, 11, and 12, as approved by the Community Development Department Director.

10. Pr
ior to issuance of a Building Permit, all rooftop mechanical equipment shall be fully screened from public view by roof parapet or architecturally integrated roof screen. Construction drawings shall include section drawings and roof plans demonstrating conformance with this requirement, as approved by the Community Development Department Director.

11. Pr
ior to approval of the project’s improvement plans, applicant shall provide details of, and submit any required building permits for, all site furnishings and shade structures. Amenities shall include at least those identified in the entitlement plans, but could include additional amenities such as outdoor cooking areas or activity courts, as approved by the Community Development Director.

12. Pr
ior to approval of improvement plans, applicant shall revise the plans to include a three-foot tall steel tube fence on top of the northern retaining wall in any location where the wall exceeds three feet in height, as approved by the Community Development Department Director.

13. Enc
ourage the use of a local construction workforce who are paid area standard wages (Specific Plan Policy LU-46).

14. In t
he event a Specific Plan Transportation Management Association (TMA) is formed for the Isabel Neighborhood, project shall annex into the association (Specific Plan Policy TRA-22).

15. In t
he event a programmatic Specific Plan parking management plan is created, project shall participate in the plan (Specific Plan Policy TRA-26).

16. In t
he event a programmatic Specific Plan wayfinding signage plan is created, project shall participate in the plan (Specific Plan Policy DS-24).

17. Reduc
e vibration impacts associated with construction activities by requiring construction contractors to implement measures to help reduce vibration levels at nearby sensitive receptors. Measures could include using bulldozers less than 20,000 pounds within 50 feet of residential, quiet pile driving technology, etc. (Specific Plan Policy ENV-7).

ATTACHMENT 4
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18. Projec
t proponents within identified high risk Overlay Zones surrounding existing hazardous sites, roadways, or TAC sources, shall assess health risks at the location in question and to incorporate feasible design-related risk mitigation measures, such as HEPA filters or equivalent indoor air quality equipment mechanisms, as appropriate and determined in consultation with the City (Specific Plan Policy ENV-12).

19. For
all proposed projects, Bay Area Air Quality Management District (BAAQMD; “Air District”) recommends requiring the implementation of all Basic Construction Mitigation Measures, listed in Table 8-1 of the BAAQMD CEQA Guidelines, whether or not construction-related emissions exceed applicable Thresholds of Significance (Specific Plan Policy ENV-14).

20. Pr
oject contractors shall reduce construction-related exhaust emissions by ensuring that all off-road equipment greater than 50 horsepower shall operate on an EPA-approved Tier 4 or newer engine. If Tier 4 engines are not commercially available within 200 miles of the project site, EPA-approved Tier 3 engines are permissible (Specific Plan Policy ENV-15).

21. Pr
oject contractors shall reduce construction-related fugitive ROG emissions by ensuring that low-VOC coatings that have a VOC content of 10 grams/liter (g/L) or less be used during construction (Specific Plan Policy ENV-16).

22. Pr
oject contractors shall reduce construction-related GHG emissions through implementation of the Bay Area Air Quality Management District’s recommended best practices (Specific Plan Policy ENV-17).

23. Requi
re that construction and structure demolition/modification activities be conducted outside of the bird nesting season (February 1 to August 31) to the extent feasible (Specific Plan Policy ENV-27).

24. Al
l trees adjacent to public infrastructure shall use control features like root barriers and engineered soils to prevent infrastructure damage.

25. The a
pplicant shall demonstrate on the landscape plans compliance with the City’s Water Efficiency Ordinance, subject to Planning Division approval, prior to the issuance of any building permit.

26. Ex
terior backflow preventers shall be screened from public view with landscape or by other appropriate means, subject to review and approval by the Community Development Department.

27. The p
ublic art in-lieu contribution shall be paid at the time of issuance of each building permit, or the applicant shall install public art onsite in accordance with Municipal Code section 12.51.

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28. The projec
t applicant and/or contractor shall treat any human remains encountered during ground-disturbing activities in accordance with California Health and Safety Code Section 7050.5.

29. Pri
or to receiving a building permit for excavation, grading or construction on development site, the applicant shall contact the Alameda County Vector Control Services District to determine if any pre-baiting requirements are necessary to control migration of vermin to adjacent property.

30. The project shall implement the Mitigation Monitoring and Reporting Program (MMRP) prepared for the Isabel Neighborhood Specific Plan, as attached.

31. All project appliances shall be electric, as set forth in the 2018 Isabel Neighborhood Specific Plan Environmental Impact Report Mitigation, Monitoring, and Reporting Program [added by Planning Commission April 5, 2022].

32. Prior to Building Permit issuance, applicant shall work with staff to provide a reasonable number of on-site guest bicycle parking spaces [added by Planning Commission April 5, 2022].

33. All fencing constructed on top of the retaining wall located along the northern property line shall be permeable, allowing for views through the fence line [added by Planning Commission April 5, 2022].

C. GENE

RAL CONDITIONS OF APPROVAL

1. Devel
opment shall conform to the map designated by the City as Exhibit B-1.

Exhibit B-1 plans shall include but are not limited to subdivision, landscape, and architectural plans reviewed and approved by the Planning Commission and City Council and amended by the applicant to reflect any changes indicated above in the Project Specific Conditions or required by the City in the approval process.

2. The dev
elopment impact fees (e.g., traffic impact, housing in-lieu, park dedication in-lieu,) and project processing fees due in connection with this permit shall be based upon the fees in effect as of May 4, 2021 (Exhibit D), which is the date of Preliminary Application submittal, pursuant to the requirements of the Housing Crisis Act of 2019 (SB 330).

3. The Co
mmunity Development Department may approve minor amendments to the permit, provided that the permit is still in substantial conformance with the original approval.

4. Approv
al of the Site Plan Design Review and Tentative Tract Map entitlements is not an authorization to commence construction. Building construction, ATTACHMENT 4
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alterat
ions, repairs, sign erection, or occupancy shall not be permitted without prior approval of the Building Division through issuance of any required permits.

5. To t
he extent permitted by law, the project applicant shall defend, indemnify and hold harmless the City, its City Council, its officers, boards, commissions, employees and agents from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including (without limitation) reimbursing the City its attorney’s fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice.

D. EN
GINEERING DIVISION – DEVELOPMENT

1. Dev
elopment shall conform to the attached Engineering Considerations, dated April 14, 2022.

E. BU

ILDING DIVISION

1. Pr
oject to meet the requirements of the currently adopted California Building Standards Code (CBSC).

F. MAI

NTENANCE DIVISION

1. The project site’s Homeowners’ Association (HOA) shall perform all onsite landscape maintenance and cover all associated maintenance costs.

G. HOUSI

NG AND HUMAN SERVICES DIVISION

1. Applicant shall satisfy affordable housing requirements with respect to any fractional units, as approved by the Director.

H. FI
RE DE

PARTMENT

1. Dev
elopment shall conform to the attached memorandum from the Livermore Pleasanton Fire Department, dated March 15, 2022.

I. PO

LICE DEPARTMENT

1. The pr
oject shall be required to conform to the provisions of the security section of the Livermore Municipal Code.

ATTACHMENT 4
480
Exhib
its:

Engineering Development Considerations
B: Livermore Pleasanton Fire Department Memorandum
C: Isabel Neighborhood Specific Plan MMRP
D: Vested Fee Sheet
ATTACHMENT 4
481
DATE: March
21, 2022
Revised: April 14, 2022 Staff
ENGINE
ERING CONSIDERATIONS - EXHIBIT "A"
(Subject to revision prior to final approval
by Planning Commission and City Council)

TENTATIV
E TRACT: 8609 (SUB21-005)
LOCATI
ON: West Corner of Portola and Triad Place

APPLICAN
T: Denova Homes
Note: Spec
ial conditions are shown in standard type. Standard conditions that apply to this project are shown in italics. In addition, standard conditions of approval for this project are listed in Section II of the Development Plan Check and Procedures Manual.

1. DEFINITIONS
For the pur
pose of this agreement, the following words shall have the meanings respectively ascribed to them by this section:

Develop
er : Person(s) or Corporation(s) signing final map(s) and subdivision agreement(s)
Improv
ement Plans: Construction drawings for required public and private improvements Services
: Utility lateral, or any portions of a conduit cable or duct, between a utility distribution line and the site it serves
Projec
t: The work to be performed by Developer

2. VESTING TENTATIVE MAP
Approval o
r conditional approval of this vesting tentative map shall not limit the City Engineer's ability to require workable designs on future grading and improvement plans based upon these Engineering Considerations and the City's standard engineering specifications and details.

In accor
dance with Senate Bill 330, the City of Livermore development impact fees for this project will be assessed at the rates in effect at the time of the preliminary submittal application for the project which is May 4, 2021 (Staff 4/14/2022)

3. GENERAL
The proje
ct shall be in conformance with all City Ordinances, rules, regulations, and policies. The Exhibit A
ATTACHMENT 4
482
conditions listed below are particularly pertinent to this permit and shall not be construed to permit violation of other laws and policies not so listed.

Al
l required improvements shall be constructed prior to occupancy of the new residential units on this site.

A. IM
PROVEMENT PLANS - Exhibi t A-1
An e
ngineered improvement plan shall be prepared by the Developer for approval by the City's Departments (including the Community Development, Public Services, Fire, and Police Department), which shall include, but not necessarily be limited to, existing site conditions, dedications, grading plans, street design and grades, curb, gutter, sidewalk and driveway grades, and type, size and location of all public works improvements as herein required. Approval of this tentative map does not constitute approval of the details shown thereon. If there is any conflict between the tentative map and these Engineering Considerations, the Engineering Considerations shall govern.

No s
pecific phased development plan has been submitted with this tentative tract application.

Therefore, all required improvements for this tentative map shall be constructed as one phase. A phased map could only be considered if a specific phasing plan is submitted for consideration as a tentative map amendment.

STANDARDS FOR IMPROVEMENT PLANS AND MAPS
Al
l improvement plans and maps shall conform to the following City of Livermore documents except as modified by these engineering considerations:

1. City of Livermore Standard Specifications and Details

2. Development Plan Check and Procedures Manual
Com
pleted final map and improvement plan checklists from the manual entitled "City of Livermore, Development Plan Check and Procedures Manual" shall be submitted with the first plan check submittal for each phase.

C. ST

ANDARD CONDITIONS OF APPROVAL IN THE DEVELOPMENT PLAN

CHECK AND PROCEDURES MANUAL
Al
l of the standard conditions of approval for subdivisions and major projects as listed in Part II of the City of Livermore Development Plan Check and Procedures Manual apply except for the following: A-2, A-4, A-10, B-7, B-8, B-9, B-10, B-11, B-13, B-14, B-16, K-1, K-2, K-3 D. WOR

K IN OTHER JURISDICTIONS
The
Developer is responsible for obtaining permits and approvals for construction work and property acquisition that are required by agencies other than the City of Livermore.

ATTACHMENT 4
483

4. STREETS
A. SP
ECIFIC REQUIREMENTS:

The
Developer shall offer easements and dedications for, and shall improve his share of the ultimate street widths for the following named streets in accordance with the City's General Plan:

Nor
th Canyons Parkway
Nor
th Canyons Parkway is a major street in the General Plan. Along the project frontage North Canyons Parkway is a 4 lane road with a landscaped median to accommodate turning lanes and a Class 2 bike lane in each direction.

The
Isabel Neighborhood Specific Plan (INSP) requires that the existing bike lane at the project location be replaced with a new Class 4 separated bike lane with buffer along the project frontage.

Installation of this Class 4 bike lane will include a physical raised barrier. The final design of the Class 4 bike lane has yet to be determined as Livermore Staff is assessing various alternatives for the entire INSP North Canyons Parkway and Portola Avenue corridor. The Developer shall install the final design for the Class 4 bike lane that is selected by the City. Installation of the bike lane will include but is not limited to appropriate transitions to and from the existing Class 2a to the Class 4 bike lane; modifications to the existing bus turnout; modifications to signing and striping; any surface treatments and/or structures, and any necessary utility services needed for the maintenance of the raised barrier.

To pr
ovide a covered shelter for public transit users the Developer shall install a bus shelter in the vicinity of the current bus turnout on North Canyons Drive subject to the review and approval of the Livermore Amador Valley Transit Agency (LAVTA). The Developer shall dedicate an easement to LAVTA as necessary within Parcel G for the purpose of locating and providing maintenance access to the public bus shelter.

Tr
iad Place
Triad Place is a local street and is fully improved along the project frontage. To coordinate with the main entry on Triad Place for the project, the Developer shall shorten the southbound left turn lane on Triad Place to 150 feet at the North Canyons Parkway intersection and modify the detection zones for the southbound left turn lane to accommodate the new turn lane length.

Re
lin
quishment of abutter’s rights shall be provided on the final map for the project where none exists today, except where the project entrance is located.

In
terior Streets
In
terior Streets A, B, C and D are local private streets which shall be 26 feet wide with no on-street parking except where guest parking stalls are located. Interior streets E and F are local private streets ATTACHMENT 4
484
which shall be 20 feet wide with no on street parking. All private interior streets will be designated as Commons to distinguish them from public streets.

CAS
p Certification for Public Walkways/Sidewalks
Th
e Developer shall have a certified CASp Specialist review and certify that the design for all pedestrian improvements within the public right-of-way or a public easement complies with the following applicable regulations: American with Disabilities Act (ADA) requirements, the Public Rights-of-Way Accessibility Guidelines (PROWAG), and the requirements found in Chapter 11B of the 2019 California Building Code. If an accessibility design cannot meet the above listed applicable standards, the Developer shall propose and the CASp Specialist shall concur with a design exception request for approval by the City Engineer or their designee. In addition, the Developer shall have the certified CASp Specialist inspect and certify that pedestrian improvements are installed per the CASp certified design. Pedestrian improvements include new trails, walkways, sidewalks, accessible ramps, connections between existing and new pedestrian improvements, and modifications to existing pedestrian improvements within or adjacent to the project site, as shown on the approved plans.

5. TRAFFIC SIGNALS – N/A

6. TRAFFIC IMPACT FEE CREDITS AND REIMBURSEMENTS: N/A

7. SANITARY SEWERS
Becau
se the Developer has chosen to install the City standard asphalt street section for the the private streets with only specialty paving (i.e. pavers, stamped concrete, stamped asphalt, etc.) in a few areas to act as “accents” to the project entry or other areas as approved by the City Engineer, the sanitary sewer may be publicly maintained. However, in order to facilitate the maintenance and repair of the public sanitary sewer lines in the future, the Developer shall install a casing for the pipe or other pipe protective measures as approved by the City Engineer, in all locations where the pipe runs under specialty paving. Additionally, no pipe joints will be allowed in specialty paving areas.

Sew
er shall be extended across all frontages of each phase.

Se
wer laterals with two-way cleanouts behind the curb shall be installed to each lot or site before the streets are surfaced.

8. S

TORM WATER DRAINAGE AND TREATMENT REQUIREMENTS
A. Gen
eral

1. Thi
s site is subject to the National Pollutant Discharge Elimination System (NPDES) Program.

Prior to the issuance of the initial grading or building permit, the Developer shall provide evidence ATTACHMENT 4
485
that the site is covered by the statewide General Permit to Discharge Storm Water associated with construction activity. This requires confirmation that a Notice of Intent (NOI) and the applicable fee was sent to the State Water Resources Control Board. In addition, the grading plans need to state:
"All grading shall be in accordance with the Storm Water Pollution Prevention Plan prepared by the Developer per the Notice of Intent on file with the State Water Resources Control Board".

2. Necessary interceptor ditches shall be concrete. Field inlets and storm drainage pipe may be necessary in conjunction with concrete interceptor ditches as secondary drainage releases. All interceptor ditches shall be privately maintained.

B. Storm Drainage Requirements

Per the City’s Facilities Planning Guidelines (dated June 2005), the flows must have the following characteristics:

For a 10-year design discharge: a hydraulic grade line (HGL) is no higher than 1.25 feet below the top of curb elevation at any manhole or inlet.

For a 100-year design discharge: a HGL does not exceed the top of curb elevation. (This is required for item 3 above.)

For additional detail on these guidelines, the applicant should refer to the following resources:

City of Livermore Storm Drain Master Plan & City of Livermore Facilities Planning Guidelines (both available at the Engineering counter at City Hall).

Since the Developer has chosen to build private streets, the storm drain system will be privately owned and maintained by a homeowner’s association and maintained to the property line. In order to differentiate the ownership of public and private facilities, the Developer shall provide the additional structures (manholes and or catchbasins) to be installed at the property line.

C. Stormwater Infrastructure Maintenance Funding

The cost to maintain all private storm water infrastructure installed with this project shall be funded by the Developer.

D. Channels N/A

E. Storm Wat
er Treatment, Detention and Low Impact Development Requirements

1. The Developer shall treat the storm water runoff from this site prior to having the storm water enter the City’s storm water distribution system. Stormwater Treatment, Low Impact Development, and Trash Capture is required by the Regional Water Quality Control Board.

The Developer shall complete and or update the Stormwater Requirements Checklist. The Developer shall provide a storm water treatment plan with calculations indicating treatment that meets the latest requirements described in Section C.3 of the City’s NPDES Permit with ATTACHMENT 4
486
the Regional Water Quality Control Board. City approval of this plan and calculations is required prior to the approval of the improvement plans.

2. If
this project is greater than one acre, the Developer shall provide a Hydrograph Modification Plan (HMP) with calculations in accordance with the Alameda Countywide Cleanwater Program (ACCWP) Bay Area Hydrology Model (BAHM) guidelines. The software for the design of control measures to meet the Flow Duration Control is available to download from www.bayareamodel.org. For additional information you may contact Debbie Salgado in the City’s Engineering Department at (925-960-4558)

3. Pri
or to final map approval, the applicant shall enter into a maintenance agreement with the City of Livermore for all storm water treatment devices deemed necessary on this site. If the stormwater treatment devices will be maintained by the individual homeowners a cleanout will be necessary at the property lines to allow the residents to maintain their portion of the private stormdrain underdrain. If the stormwater treatment device will be maintained by a Homeowners Association then the cleanouts at each of the property lines may not be needed.

The stormdrain treatment devices shall be shown on the plat plans and included in the Operations and Maintenance Agreement. The Operations and Maintenance Agreement(s) shall be recorded prior to recordation of the Final Map.

F. St
ormwater Treatment Infr astructure Maintenance Funding
The
cost to maintain all storm water treatment, detention and low impact development infrastructure installed with this project shall be funded by the Developer.

9. REQUIRED SOURCE CONTROL STORMWATER MEASURES
The
Regional Water Quality Control Board adopted Order R2-2015-0049 issuing the Alameda Countywide NPDES municipal storm water permit for the Alameda Countywide Clean Water Program. The 17 member agencies, including Livermore, are subject to this permit and all its requirements including the following:
“T
he Permittees shall, as part of their continuous improvement process, submit enhanced new development and significant redevelopment Performance Standards that summarize source control requirements for such projects to limit pollutant generation, discharge, and runoff, to the maximum extent practicable…” In acco
rdance with this requirement, the following source control measures, included as part of these Conditions of Approval, shall be implemented as a part of this project.

A. St
ructural Control Measures

1. Ille
gal Dumping to Storm Drain Inlets and Waterways
On-site
storm drain inlets, except inlets located in landscaped areas, shall be clearly marked with the words “No Dumping! Flows to Bay” on a plastic marker. The plastic markers are ATTACHMENT 4
487
available for purchase from the Water Resources Division. For ordering information, please call 925-960-8100. For projects with newly-developed, privately-maintained streets, agency staff will verify that storm drain inlets have been marked before the final sign-off on the project’s building permit or encroachment permit.

2. Int
erior Floor Drains
Appr
oved interior floor drains shall be plumbed to the sanitary sewer system and shall not be connected to the storm drain system. The applicant shall contact the Water Resources Division for specific connection and discharge requirements.

3. Par
king Garages
Int
erior level parking garage floor drains shall be connected to a sand/oil interceptor or equivalent water treatment device approved by the Water Resources Division prior to discharging to the sanitary sewer system.

4. Pe
sticide/Fertilizer Application and Irrigation
a. La
ndscaping shall be designed to minimize irrigation and runoff, promote surface infiltration where possible, minimize the use of fertilizers and pesticides that can contribute to storm water pollution, and incorporate appropriate Bay-Friendly Landscaping principles.
b. If
a landscaping plan is required as part of a development project application, the plan shall meet the following conditions related to reduction of pesticide use on the project site:

I. Whe
re feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain, and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolonged exposure to water shall be specified.

II. Pl
ant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment.

III. Exi
sting native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent practicable.

IV. U
nless otherwise specified, proper maintenance of landscaping shall be the responsibility of the property owner.

ATTACHMENT 4
488
V. Integrated pest management (IPM) principles and techniques shall be encouraged as part of the landscaping design. Some examples of IPM principles and techniques include the following:
i. Se
lect plants that are well adapted to soil conditions at the site. ii. Se
lect plants that are well adapted to sun and shade conditions at the site.

Consider future conditions when plants reach maturity. Consider seasonal changes and time of day.
iii. Pr
ovide irrigation appropriate to the water requirements of the selected plants. iv. S
elect pest and disease resistant plants.
v. Pl
ant a diversity of species to prevent a potential pest infestation from affecting the entire landscaping plan.
vi. Use “insectary” plants in the landscaping to attract and keep beneficial insects.

VI. L
andscaping shall also comply with City of Livermore’s “Water Efficient Landscape Ordinance”. However, areas of a site used for bio-swales or other landscaped areas that function as a storm water treatment measure shall be exempt from the Water Efficient Landscaping requirements.

VI
I. An efficient irrigation system shall be installed in areas requiring irrigation. An example of an efficient irrigation system is one that includes a weather-based (automatic, self-adjusting) irrigation controller with a moisture and/or rain sensor shutoff, and in which sprinkler and spray heads are not permitted in areas less than 8 feet wide.

5. Pool
, Spa, and Fountain Discharges
a. Ne
w or rebuilt swimming pools, hot tubs, spas and fountains must have a connection to the sanitary sewer to facilitate draining. This connection could be a drain in the pool to the sanitary sewer or a cleanout located close enough to the pool so that a hose can readily direct the pool discharge into the sanitary sewer cleanout. b.Whe
n draining is necessary, a hose or other temporary system shall be directed into a sanitary sewer cleanout, or vegetated areas that are large enough to accommodate the volume without allowing the discharged water to flow to the storm drain system or receiving water body.

6. Food S
ervice Equipment Cleaning
a. Food s
ervice facilities (including grocery stores) shall have a sink or other container for cleaning floor mats, equipment, and hood filters, which is connected to a grease interceptor prior to discharging to the sanitary sewer system. The cleaning area shall be large enough ATTACHMENT 4
489
to allow for the largest type of equipment that must be cleaned at the facility. The cleaning area shall be indoors or in a roofed area outdoors and must be plumbed to the sanitary sewer. The discharge of wastewater from these washing activities to the storm drain system is prohibited. Outdoor cleaning areas shall be designed to prevent storm water run- on from entering the sanitary sewer and to prevent wastewater runoff to the storm drain from washing activities. Signs shall be posted indicating that all food service equipment washing activities shall be conducted in this area.
b. An oi
l and grease interceptor with a minimum size of 750 gallons is required for all food service facilities (including restaurants and grocery stores). Facilities that do not have any cooking or any other grease generating processes may request an exemption from this requirement.

7. Ref
use Areas
a. Ne
w or redevelopment projects shall provide a roofed and enclosed area for dumpsters, recycling containers, compactors, and food waste containers. The area shall be designed to prevent water run-on to the area, to prevent runoff from the refuse area and to properly contain litter and trash. Dumpster leakage from covered trash and food compactor enclosures shall drain to the sanitary sewer via connection to an approved oil and grease interceptor device.
b. Ru
noff from trash enclosures, recycling areas, and/or food compactor enclosures or similar facilities shall not discharge to the storm drain system. Trash enclosure areas shall be designed to avoid run-on to the trash enclosure area. In most cases, drains are not permitted within trash enclosure areas. A drain, however, must be provided for compactors. If a drain is required in or beneath dumpsters, compactors, and tallow bin areas, it shall be connected to a grease removal device prior to discharging to the sanitary sewer.

8. Out
door Process Activities/Equipment1
a. Pr
ocess activities shall be performed either indoors or in roofed outdoor areas. If performed outdoors, the area shall be designed to prevent the “run-on” of storm water drainage, as well, as the runoff from the area with process activities. b. Pr
ocess equipment areas shall drain to the sanitary sewer system. The applicant shall contact the Water Resources Division for specific connection and discharge requirements.

9. Out
door Equipment/Materials Storage
1 Examples of businesses that may have outdoor process activities and equipment include machine shops and auto repair shops, and industries that have pretreatment facilities.

ATTACHMENT 4
490
a. All outdoor equipment and materials storage areas shall be covered and/or bermed, or shall be designed with Best Management Practices (BMP) that effectively minimize the potential runoff and contact of storm water to pollutants.

b. Storage areas containing non-hazardous liquids shall be covered by a roof and be contained by berms, dikes, liners, vaults or similar spill containment devices.

c. All on-site hazardous materials and wastes, as defined and/or regulated by the California Public Health Code must be used, managed, and stored in compliance with the applicable Livermore Pleasanton Fire Department’s requirements and regulations.

10. Vehicle/Equipment and Commercial/Industrial Cleaning

a. Wastewater from vehicle and equipment washing operations shall not be discharged to the storm drain system. Auto dealerships, however, may rinse off vehicle exterior surfaces for appearance purposes, provided only a minimum volume of water is used without soap or other cleaning agents.

b. Commercial/industrial facilities having vehicle/equipment cleaning needs shall either provide a roofed, bermed area for washing activities or discourage vehicle/equipment washing by removing hose bibs (faucets) and installing signs prohibiting such uses.

Vehicle/equipment washing areas shall be paved, designed to prevent run-on to or runoff from the area, and plumbed to drain to the sanitary sewer via an oil water separator with a minimum size of 750-gallons or an approved equivalent pretreatment device.

c. Commercial car wash facilities shall be designed and operated such that no runoff from the facility is discharged to the storm drain system. Wastewater from the facility shall discharge to the sanitary sewer via an oil water separator with a minimum size of 750- gallons or an approved equivalent pretreatment device.

d. All facilities, which discharge wastewater generated from vehicle or equipment washing, must obtain a wastewater discharge permit from the City of Livermore’s Water Resources Division prior to the commencement of the discharge.

11. Vehicle/Equipment Repair and Maintenance

a. Vehicle/equipment repair and maintenance shall be performed in a designated area indoors, or if such services must be performed outdoors, in an area designed to prevent the run-on and runoff of storm water. Oil and other automotive fluid change service must always be performed indoors.

b. Secondary containment shall be provided for exterior work areas where hazardous materials or hazardous wastes are used or stored. Drains shall not be installed within the secondary containment areas.

c. Vehicle service facilities shall not contain floor drains.

ATTACHMENT 4
491

d. Tanks, containers, or sinks used for parts cleaning or rinsing shall not be connected to the storm drain system. Tanks, containers, or sinks used for such purposes shall not be directly connected to the sanitary sewer. Discharges to the sanitary sewer from such operations require prior approval from the Water Resources Division. The applicant shall contact the Water Resources Division for specific connection and discharge requirements.

12. Fuel Dispensing Areas

a. Fueling areas
2 shall have impermeable surfaces (i.e., portland cement concrete or equivalent smooth impervious surface) that are: a) graded at the minimum slope necessary to prevent ponding; and b) separated from the rest of the site by a grade break that prevents run-on of storm water to the maximum extent practicable.

b. Fueling areas shall be covered by a canopy or roof that extends a minimum of ten feet in each direction from each pump. Roof downspouts from the canopy or roof shall not drain onto the fueling area.

13. Loading Docks

a. Loading docks shall be graded to minimize run-on to and runoff from the loading area.

Roof downspouts shall be positioned to direct storm water away from the loading area.

Storm water runoff from loading dock areas shall be connected to a post-construction storm water treatment measure(s) prior to discharge to the storm drain system.

b. Door skirts between the trailers and the building shall be installed to prevent exposure of loading activities to rain, unless one of the following conditions applies: the loading dock is covered, or the applicant demonstrates that rainfall will not result in an exposure of storm water to pollutants.

14. Fire Sprinkler Test Water

Provisions shall be made in the project design and construction to allow for the discharge of fire sprinkler test water to an onsite vegetated area. If this is not feasible, provide for discharge to the sanitary sewer in accordance with current plumbing codes.

15. Miscellaneous Drain or Wash Water

a. Boiler drain lines shall be connected to the sanitary sewer system and may not discharge to the storm drain system.

2 The fueling area shall be defined as the area extending a minimum of 6.5 feet from the corner of each fuel dispenser or the length at which the hose and nozzle assembly may be operated plus a minimum of one foot, whichever is greater.

ATTACHMENT 4
492
b. For small air conditioning units, air conditioning condensate shall be directed to landscaped areas as a minimum BMP. For large air conditioning units, in new developments or significant redevelopments, condensation lines shall be connected to the sanitary sewer system, wherever feasible.
c. Roof
drains shall discharge and drain away from the building foundation to landscaped areas wherever feasible.
d. Wa
shing and/or steam cleaning activities must be performed at an appropriately equipped facility that drains to the sanitary sewer as specified in Section J. Any outdoor washing or pressure washing must be in compliance with the City’s Stormwater Management Program requirements and managed in such a way that there is no discharge of soaps or other pollutants to the storm drain system. The applicant shall contact the Water Resources Division for specific discharge requirements.

16. Ar
chitectural Copper Installation
Pr
ojects with architectural copper should, if possible, purchase copper materials that have been pre-patinated at the factor. Whether patination is done offsite or onsite, applicant should consider coating the copper materials with an impervious coating that prevents further corrosion and runoff. If patination is done on-site, implement one or both of the following:
a. Col
lect rinse water in a tank and pump to the sanitary sewer. Contact the City of Livermore Water Resources before discharging to the sanitary sewer. b. Col
lect the rinse water in a tank and haul off-site for proper disposal.

B. II
. OPERATIONAL BMPS
Thi
s section details Best Management Practices (BMP) that private property owners and/or the occupants of private property must implement following the construction of projects. Ultimately, the responsibility for implementation of these BMPs rests with the property owners. The City of Livermore’s Source Control Program routinely performs inspections of industrial and commercial sites to verify BMP implementation and effectiveness.

1. Pa
ved Sidewalks and Parking Lots
Si
dewalks and parking lots shall be swept regularly to minimize the accumulation of litter and debris. Wash water resulting from the pressure washing of parking lots must be captured, pretreated (if necessary) to meet local discharge limits, and discharged to the sanitary sewer.

Wash water resulting from the pressure washing of sidewalks may be allowed to drain to the storm drain system provided that (a) no soap or other cleaning agents are used, and (b) all debris are trapped and collected to prevent entry into the storm drain system. Under no circumstances shall washwater containing any soap or other cleaning agents be discharged to the storm drain system.

ATTACHMENT 4
493

2. Private Streets, Utilities and Common Areas

a. The owner of private streets and storm drains shall prepare and implement a plan for street sweeping of paved private roads and cleaning of all storm drain inlets.

b.For residential developments, where other maintenance mechanisms are not applicable or otherwise in place, a Property Owners Association, Landscape& Lighting District, or an equivalent mechanism shall be created and shall be responsible for maintaining all private streets and private utilities and other privately owned common areas and facilities on the site including landscaping. These maintenance responsibilities shall include implementing and maintaining storm water BMPs associated with improvements and landscaping. CC&R’s creating the association shall be reviewed and approved by the City prior to the recordation of the Final Map and recorded prior to the sale of the first residential unit. The CC&R’s or Landscape & Lighting District shall describe how the storm water BMPs associated with privately owned improvements and landscaping shall be maintained and detail contact information for the entity responsible for such maintenance activities.

3. Vehicle/Equipment Repair and Maintenance

a. No person shall dispose of, or permit the disposal, directly or indirectly, of vehicle fluids, hazardous materials, or rinse water from parts cleaning operations into storm drains.

b.No vehicle fluid removal shall be performed outside a building, or on asphalt or ground surfaces, whether inside or outside a building, except in such a manner as to ensure that any spilled fluid will be in an area of secondary containment. Leaking vehicle fluids shall be contained or drained from the vehicle immediately.

c. No person shall leave unattended drip parts or other open containers containing vehicle fluid, unless such containers are in use or in an area that cannot discharge to the storm drain.

4. Fueling Areas

The property owner shall dry sweep the fueling area and spot clean leaks and drips on a routine basis. Fueling areas shall not be washed down with water unless the wash water is collected and prevented from discharging to the storm drain system. Wash water resulting from the pressure washing of fueling areas must be captured, pretreated (if necessary) to meet local discharge limits, and discharged to the sanitary sewer or hauled offsite for proper disposal through a licensed waste hauler.

5. Loading Docks

ATTACHMENT 4
494
The property owner shall ensure that BMPs are implemented to prevent potential storm water pollution. These BMPs shall include, but are not limited to, a regular program of sweeping, litter control, and spill clean-up.

6. On-site Storm Drains

All on-site storm drains must be inspected and, if necessary, cleaned at least once a year immediately prior to the rainy season.

7. Architectural Copper Cleaning, Treating or Washing

When cleaning, treating or washing architectural copper features, implement one or both of the following:

a. Collect rinse water in a tank and pump to the sanitary sewer. Contact the City of Livermore Water Resources before discharging to the sanitary sewer.

b. Collect the rinse water in a tank and haul off-site for proper disposal.

10. WATER SUPPLY (CITY)

Because the Developer has chosen to install the City standard asphalt street section for the majority of the streets with only specialty paving (i.e. pavers, stamped concrete, stamped asphalt, etc.) in a few areas to act as “accents” to the project entry or other areas as approved by the City Engineer, the water lines may be publicly maintained. However, in order to facilitate the maintenance and repair of the water lines in the future, the Developer shall install a casing for the pipe or other pipe protective measures as approved by the City Engineer, in all locations where the pipe runs under specialty paving. Additionally, no pipe joints will be allowed in specialty paving areas.

Water mains shall be extended across all frontages of each phase and all waterline valves must notate “EPDM” on the valve body.

Because the project is located within the City of Livermore Water Zone 1, the developer shall install pressure reduction valves (PRVs), backflow prevention devices and appurtenances on the potable and reclaimed water services as directed by the City Engineer.

The fire service backflow preventer(s) shall be effectively screened from the public right-of-way while at the same time preserving ease of maintenance access to the backflow preventer(s).

Screening shall be as specified on City Standard Detail W-10A, B and C. The fire service backflow preventer(s) shall meet the performance standards of the backflow preventer shown in City Standard Detail W-10A, B and C.

11. UNDERGROUNDING OF UTILITIES:

All existing and new electric (with the exception of any 60 KV and higher voltage wires) and ATTACHMENT 4
495
communication lines along the project frontage and within the project shall be placed underground.

Electric, gas, Comcast and SBC utilities are required and shall be placed in a common trench. All electric transformers shall be placed underground.
12 . TRAILWAY/BIKEWAY REQUIREMENTS
Ac
tive Transportation Plan
Cer
tain portions of this development are within the City of Livermore Active Transportation Plan established and adopted as part of the General Plan. The Developer will be required to dedicate and develop that certain land within and adjacent to this development for various trail and bike way transportation purposes.
13 . MEDIANS AND OTHER LANDSCAPED AREAS
Sinc
e the City has a new centralized irrigation system with a computer terminal and modem located at the City’s Maintenance Service Center, the Developer shall install a City standard centralized irrigation controller system with communication accessories as approved by the City. The City may exempt this requirement based on the limited size of the landscape area. 14 . HORTICULTURIST'S REPORT
A H
orticulturist’s report will be required if the site is located north of Highway I-580. 15 . SPECIAL DISTRICTS
A.

Landscaping and Lighting Maintenance and Operation N/A
B. A
ssessment District
Thi
s development shall annex into Citywide Community Facilities Maintenance District No 2021-1 to provide for maintenance funds for their pro-rata share of public infrastructure and landscaping that is installed with the Isabel Neighborhood Specific Plan.

Th
e Developer shall initiate and bear the costs for the annexation into CFMD 2021-1.

Anne
xation documents shall be filed with the filing of the final map. The necessary documentation shall be submitted for City review with the first improvement plan submittal.

Mello Roos District
Thi
s development is within the Tri-Valley Technology Park Community Facilities District No. 99-1 and is subject to the charges and requirements thereof.

ATTACHMENT 4
496

16. AIRPORT LOCATION
Thi
s development is located in the vicinity of the Livermore Municipal Airport. Aircraft operations in the vicinity of the property may potentially create nuisances, including but not limited to noise, vibration or odors. The owner and or future buyer should be aware that operations and flight numbers at the Livermore Municipal Airport could increase in the future. A report must be filed with the Division of Real Estate relative to this matter.

An a
viation easement shall be granted to the City. The grant shall be made on the City's "Aviation Easement" form.
17 . SUBDIVISION AGREEMENT AND SECURITY
Fol
lowing tentative map approval, the Subdivision Improvement Agreement will not be submitted to the City Council until the Developer has submitted all of the documents indicated in the “Final Approval of Tract Map Checklist” in the Development Plan Check and Procedures Manual (30) days prior to the city council meeting at which the final map will be considered for final approval by the City Council.
18 . FEE AMOUNTS
Th
e Developer will be required to pay the applicable development impact fees and project processing fees due in connection with this subdivision. The fee shall be the amount in effect at the time the fee is required to be paid.
19 . VEHICLE ACCESS
Pr
ior to or with the submittal for the first plan check of the tract improvement plans and final map, the Developer shall submit for review and approval a traffic control plan for providing safe entry to and exit from the site. The purpose of the plan is to insure that there will be safe entry and exit by construction and other vehicles prior to the installation of the required permanent improvements on North Canyons Parkway and Triad Place.

If
this plan requires the construction of improvements on North Canyons Parkway and Triad Place, then these improvements shall be constructed prior to the beginning of any on-site work.

Ac
cess to the development by construction equipment, material delivery and other heavy loads shall be limited by the Developer to the following route:

I
-580, Airway Blvd, North Canyons Parkway, Triad Place
Such he
avy loads will not be allowed on existing residential streets in the vicinity of the development.

Th
e wheel-loading on the above routes shall not exceed State load limits.

ATTACHMENT 4
497

20. DEVELOPMENTS WITH PRIVATE ROADWAYS AND UTILITIES
(Condominiums, Row Houses, Cluster, etc.)

The private improvements of the private street system are part of the improvements required of this subdivision. For this reason, the Developer shall pay Engineering Division plan check and construction inspection fees and the City Engineering Division will provide these services. The Developer will also provide subdivision security for the required private improvements.

JW:DES

S:\Development Projects\Planning Eng Conditions of Approval\Tentative Tracts\VTTM 8609 (SUB21-005) Triad Drive Condos INSP 2C - Denova Homes\VTTM 8609 (SUB21-005) Triad Condos Denova Homes 3-21-22.docx

ATTACHMENT 4
498
Date: March 15, 2022
T
o: City of Livermore Planning
From: Ryan Rucker, Deputy Chief / Fire Marshal
Subject: Approval conditions for S UB21-005 VTTM 8609 Triad Condos, DeNova Homes Conditions of
Approval

1. Emergency re
sponder radio coverage is required in accordance with
section 510 of the fire code.

2. A sprinkl
er system is required in accordance with section 903 of the fire code with local ordinances.

3. Fire flow
shall be in accordance with appendix B of the fire code with a 50 percent reduction for sprinklers.

4. FIRE HAZARDS:

The project developer shall keep the site free of fire
hazards from the start of lumber construction until the final inspection in accordance with chapter 33 of the fire code.

5. FIRE PRO
TECTION FACILITIES: Prior to any construction framing, the applicant shall provide adequate fire protection facilities, including, but not limited to a water supply and water flow in conformance to the City's Fire Department Standards able to suppress a major fire.

6. WATER FLO
W AND CONTROL VALVES: All fire sprinkler system water flow and control valves shall be complete and serviceable prior to final inspection. Prior to the occupancy of a building having a fire alarm system, the Fire Department shall test and witness the operation of the fire alarm system.

Exhibit B
ATTACHMENT 4
499

7. E LECTRICAL CONDUIT: Electrical conduit shall be provided to each fire protection system control valve including all valve(s) at the water connections. The Livermore-Pleasanton Fire Department requires electronic supervision of all valves for automatic sprinkler systems and fire protection systems.

8. LISTED: All commercial, industrial, and multi-family residential occupancies shall have valve tamper and water flow connected to a listed Central Station Service in accordance with NFPA 72. Fire Department plan check includes specifications, monitoring, installation, and alarm company certificates. Fire alarm control panel and remote annunciation shall be at location(s) approved by the Fire Prevention Bureau. All systems shall be point identified by individual device and annunciated by device type and point.

9. HAZARDOUS MATERIALS: Should any operation or business activity involve the use, storage or handling of hazardous materials, the firm shall be responsible for contacting the Livermore-Pleasanton Fire Department prior to commencing operations. Please contact the Hazardous Materials Coordinator at 925/454-2361.

10. FIRE HYDRANTS: Fire hydrants shall be installed at spacing not greater than 300 feet in industrial and commercial developments. Fire hydrants shall be installed at spacing not greater than 400 feet in residential developments.

11. FIRE LANE MARKING: On-site access ways and internal drives shall be designated as fire lanes and identified as such by red curb striping and posted with signs. Signs shall be according to State standards and read “No Parking – Fire Lane.” The red curb striping, sign location(s), and sign language shall be included in the building permit submittal for review and approval by the Fire Department prior to building permit issuance.

12. FIRE VEHICLE ACCESS ROADS: Access roads shall have 13 feet, 6 inches unobstructed vertical clearance, 20 feet of unobstructed width (26 feet where occupied building floors exceed 30 feet height), and inside turning radius of 45 feet and outside turning radius of 55 feet. Unobstructed shall mean a clear travel way, excluding parking width, and designed for an emergency vehicle weight of 70,000 pounds under all weather conditions.

Unobstructed width shall not include the width of rolled curbs, sidewalks, or non-drivable surfaces.

ATTACHMENT 4
500

13. FIRE VEHICLE TURNAROUNDS: Where Fire Department vehicle access through or around a site involves changes in direction or curves, inside radius of 45 feet and outside radius of 55 feet shall be provided to facilitate fire truck turning radius for entry and exit from the site. Dead-end access ways and internal drives shall not exceed 300 feet in length and shall terminate in cul-de-sacs no less than 96 feet in diameter or hammer-head (tee). Standards and options are available through the Livermore- Pleasanton Fire Department, Fire Prevention Bureau.

14. PREMISES IDENTIFICATION: Address numbers shall be installed on the front or primary entrance for all buildings. Minimum building address character size shall be 12-inch high by 1-inch stroke. In all cases address numerals shall be of contrasting background and clearly visible in accordance with the Livermore-Pleasanton Fire Department Premises Identification Standards. This may warrant field verification and adjustments based upon topography, landscaping or other obstructions.

15. COMMERCIAL – NEW CONSTRUCTION: The following items shall be provided prior to any construction above the foundation or slab.

a. Emergency vehicle access shall be provided to the site, including areas where construction is occurring. If Public Works
Improvements are part of the project to access the site, an emergency vehicle access plan shall be submitted for review and approval to the Fire Department.
b. If permanent access or site paving is not provided, the carrying capacity of the emergency vehicle access shall be 70,000 pounds under all weather conditions.
c. Site staging area(s) shall be provided for materials and equipment. All staging areas shall be outside of the emergency vehicle access route shown on the approved plans.
d. Where on-site fire hydrant(s) are required, they shall be installed, flushed and all valves open prior to any construction above the foundation or slab. This includes concrete tilt-up and masonry buildings.
e. On- site fire hydrant(s) shall not be obstructed and shall be sufficiently above grade to have all hydrant valves and outlets accessible for emergency use.
f. Where a project is phased as part of the development, specific access, water supply and fire hydrant installations will be required as part of each phase. As needed a phasing plan with these improvements will be required.

ATTACHMENT 4
501
g. Where on-site grading/utility plans are submitted for review and approval prior to building construction drawings, emergency vehicle access routes, fire hydrant locations, material staging areas, etc. shall be provided.

16. FINAL INSPECTION: Prior to request for final inspection, all access roads, on-site access and fire hydrants shall be provided. All fire hydrants shall be accepted, inspected and tested to applicable City Standards.

ATTACHMENT 4
502
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going

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Livermore City CouncilMay 9, 2022

Livermore City Council
May 9, 2022